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Agenda 12-18-01
The City of 100 E. Boynton Beach Boulevard (561) 742-6000 City Commission AGENDA DECEMBER 18, 2001 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Mack McCray Commissioner District II Mike Ferguson District Ill Charlie Fisher Commissioner District IV Kurt Bressner City Manager ;TRIC' II ~ICT III DISTRICT Visit our Web site www.cLboynton-beach.fl,us ~i#I~//E#~ ~/~/ /-#/#~ f#/' #/#//I/71~//1#/~ WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTZCTpATZON AT CZTY~OF BOYNTON BEACH COMMISSION MEETZNGS THE AGENDA: There is :an officia agenda for every meeting of the .City Comm ss oners, which determines the order of~ businesscen~lu~d'iatthemeefihg TheCtyCommssonw not take act on upon an matter roosa, r item ~ '~ ~ '~ · ~- -' Y ~ p P ,o of bu§ ~e~ ~,1~ ch .~s not i sted upon the offic a agenda~ un ess a majority 0f~the CommissiOn has first consented to the presentation foe consideration and action. · Consent Agenda Items: These-are items which the Commission does not neee to discuss individually nd which are voted on as agroup . · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. - · o~ce Vote, A Voice vote by the Com_,m,~ss~on md~cates approval t~f the agenda ~tem Th s can be by either- a regular voice vote w~th A¥~$ 8~ Nays or by a roll call vote. SPEAK][~N3 AT COMMISSION MEETZNGS: The public is encouraged to offer:bommerit to the Commission at their meetings during Public Hearings, 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 oy the entry door to the Chambers. Please complete a "Comment by the ~ublic 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 ~e accepted after presentation of an agenda item has ~egun. --~ · Public Bearings: Any citizen may speak on an official agenda item under the section entitJed "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 no~ listed on the agenda. The Mayor will call for speakers by name from ~he yellow cards p~ovided by the City Clerk. · Regular Agend~ Items: Any citizen may speak on a.q'f official agenda item(s) listed on the agenda after a motion has been made and properly seconded, Please use the green ~olored 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 your 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 barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Heeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach~'-' Boulevarci, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every-- · month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). December 18, 200:l .. CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P,M, I. OPENINGS: A. Call to Order - Mayor Gera~d Broening B. Invocation - Rev. Dr. Marshall Cook, Boynton Beach Congregational Church C. Pledge of Allegianceto the Flag led by Vice Mayor Weiland D. ZF YOU WISH TOADDRESS THECOMMZSSZON: · FILL OUT THE APPROPR]~TE REQUEST FORM · GIVE TI' TO THE CTI'Y CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THEAGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVt'DUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES, E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLIC AUDIENCE: IND~r~DUAL SPEAKEI~ WILL BE LIMTI'ED TO 3-MINUTE PRESENTAI~ONS III, OTHER: A. Informational Items by Members of the City Commission IV. ADMINISTRATWE: Accept resignation of Diana Tedtmann, Regular Member, Education Advisory Board Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date II McCray Children & Youth Advisory Bd Stu/Reg/NonVoUng i yr term to 4/02 (Tabled-2) III Ferguson Children & Youth Advisory Bcl Stu/Reg/Voting 1 yr term to 4/02 (Tabled-2) ·CITY OF BOYNTON BEACH AGENDA REGULARCI'TY COMMI'SSZON MEE'i'/NG DECEMBER 18, 2001 Mayor Broening Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/04 [ Weiland Bldg, Bd of Adj & Appeals Alt ! yr term to 4/02 IV Fisher Cemetery Board Alt 1 yr term to 4/02 IV Fisher Code Compliance Board Reg 3 yr term to 4/03 Mayor Broening Community Relations Board Alt 1 yr term to 4/02 IV Fisher Education Advisory Board Reg 2 yr term to 4/03 Mayor Bmening Library Board Alt I yr term to 4/02 Mayor Broening Nuisance Abatement Board Alt :1 yr term to 4/02 Mayor E~roening Senior Advisory Board Reg 2 yr term to 4/03 V. ANNOUNCEMENTS & PRESENTAI'~ONS: A. Announcements: 1. Oceanfront Concert Series on December 21, 2001, 6-9 p.m. at Mangrove Walk at the Marina - The Jumpstreet 88s (BoogieWoogie, New Orleans and Jura ~ Blues) B. Presentations: 1. Proclamations: None 2. Presentation of check to Mayor and City Commission from Officer John Huntington and the C.O.P. volunteers from their fund raising for the American Heart Association 3. Presentation of awards to the 2na Annual Holiday Decorating With Lights winners by the Mayor VZ. 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. Hinutes: 1, City Commission Meeting of November 20, 200~. {Tabled-2) (Tabled-2) (Tabled-2) (Tabled-2) (Tabled-3) (Tabled-3) (Tabled-2) CITY'OF BOYNTON BEACH AGENDA REGULAR CZ'I'Y COMMZSSZON MEETING DECEMBER 18f 2001 2. Agenda Preview Conference of November 29, 2001 3. -.. Joint City Commission/Cemetery Board Workshop of November 29, 2001 Bids and Purchase Contracts - Recommend Approval - Ail expenditures are approved in the 2001-2002 Adopted Budget Extend "CO-OP ANHYDROUS AMMONIA," Bid #026-2821-01/KR, to Tanner Industries, Inc., for an addiUonal year for an annual estimated expenditure of $89,264/City UtiliUes portion $13,000 (New Bid #026- 2821-02/KR) Award a contract in the amount of $272,554 to Custom Built Marine Construction of Stuart, Florida as the Iow bidder under Bid No. 002-2413- 02/KR for the NE 12m Avenue Drainage Improvements and Seawall Replacement Project (Proposed Resolution No. RO1-320) "Piggy-back" a Palm Beach County bid (Palm Beach County Annual Pathway and Minor Construction Contract) in the amount of $28,224.90 to Charles S. Whiteside, ]'nc. for the Hester Site Traffic Modification project at Ezell Hester Park Award a contract in the amount of $926,652 to Megan South, Inc. of Davie, Florida as the Iow bidder under Bid No. 001-2413-02/KR for the Seacrest Estates Water Main Replacement and Swale Improvements (Proposed Resolution No. R01-321) Resolutions: Proposed ResoluUon No, R01-322 Re: Releasing cash bond of $66,176 to The Collage Comoanies for the completion of the permitted work at the Gale Industries warehouse (4885 Parkridge Boulevard) Proposed Resolution No. R01-323 Re: Releasing the Letter of Credit balance of $1,500 to Home Development of Hunters Run for :Isles of Hunters Run Tern porary Trailer Proposed Resolution No. RO1-324 Re: Releasing Letter of Credit No. 12266 N & T Bank in the amount of $53,363.20 for the water and sewer systems serving the project known as Guardian Storage of 8oynton Beach, Inc. Proposed Resolution No. R01-325 Re: ~,eleasing cash surety to Catalfumo Construction, Ltd. In the amount of $3,000 for the water and sewer systems serving the project known as Stor-AII on Industrial Avenue CITY~OF BOYNTON BEACH AGENDA REGULAR CITY COMMTSSI'ON MEET/NG DECEMBER 18~ 2001 10. 12. 13. Proposed ResoluUon, No. R01-326 Re: Releasing Letter of Credit No. 3029736 to Bank of America in the amount of $1§,260 fo~ the water and sewer systems serving the project known as WatMart Proposed Resolution No. R01-327 Re: Accepting Letter of Credit No. 200:1-041A from Ohio Savings Bank in the amount of $363,836 as surety for the installation of the ,_water and sanitary sewer systems serving the project known as .lonathan s Creek Proposed Resolution No. R01-328 Re: Approving a reduction in surety requirement in the amount of $177,611.96 for the installation of water and sewer systems serving the project know~ as Manatee Bay Proposed Resolution No. R01-329 Re: Approving Task Order 28B Amendment #2 with CH2M Hill, one of our consulting engineers, for additional engineering, services during construction of Master Lift Station Rehabilitations at ~ s 3:17, 3:16, 3:19 in the amount of $54,037 Proposed Resolution No, R01-330 Re: Approval of 11 contracts for services for Community Development Block Grant (CDBG) sub-recipients previously approved for funding on August 7, 2001, and sub-redpient addendum to the agreement with the Local Initiative Support Corporation's (LISC) pre-apprenticeship program for building construction, currently being implemented by the Boynton Beach Faith Based CDC Proposed Resolution No. R01-331 Re: Approving the change order request to PREVENT/VE MAINTENANCE SUPPORT SERV]:CES, INC. for an increase to the blanket for roof inspections, pressure cleaning, maintenance repairs ana reporting for $:18~975 based on the City of Coral Springs Bid #01-C-020F (effective: 02/06/01- 02/05/03) Proposed Resolution No. R01-332 Re: Approving the change order request to ADVANCED ROOFING, INC. for a modification of the repairs to the Police Station lower roof for $26,725 Proposed Resolution No. RO1-333 Re: Transferring $1,274,162 from Visions 20/20 funds to the CRA for the Beynton Beach Promenade and CBD Parking Proposed Resolution No, R01-334 for Manatee Bay Re: Approving plat 4 CZTY'OF BOYNTON BEACH AGENDA REGULAR CZTY COMM'rSSTON MEE'I'~NG DECEMBER 18~ 2001 D. Ratification of Planning & Development Board Action: N0n~- E. Ratification of Community Redevelopment Agency Action: Dakota Lofts (Chan's Enterprises) - 301_0 S. Federal Highway - Remuest for Site Plan approval to construct 19 multifamily town homes, recreation area, and related site improvements on two acres (Reque.~'z' postponement unUIJanuary 1S~ 2002) Approve transfer of $70,000 from Contingency Account to Planning & Zoning Consultant Fees to facflitate the revision and updating of the City's Land Development Regulations (Proposed Re~olution No, R01-33~) G. Approve two funding requests by Commissioner McCray: $2,000 to purchase books for the Boynton Beach Public Library $1,000 to 19:13 Schoolhouse Museum for HeadStart students to be able to utilize the Museum and experience the learning experience without paying the admission fee vz'r. ClTY MANAGER'S REPORT: Discussion regarding possible development scenarios for the M-:[ zoned land along South Congress Avenue and initiating a planning study for the area B. Report on Interim Financial Assistance to Chamber of Commerce VZZZ. PUBLZC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMI'TS Project: Agent: Owner: Location: Description: Dakota Lofts H. P. Tompkins Chan's Enterprises 3010 S. Federal Highway Request to reclassi~ the subject property from Local Retail Commercial and Low Density Residential to High Density Residential, and rezone from C-3 Community Commercial and R-l- AA Single-family Residential to Planned Unit Development (PUD), The applicant proposes to develop the property with I9 three- story town homes and related site improvements. The site plan (NWSP 01-010) will be adopted as the master plan for the PUD (R~luest postponement of publ/c hearing un~7 January ZS. 2002) 5 ~CZTYOF BOYNTON BEACH AGENDA REGULAR CZTY COf4f4TSSI'ON ~IEET~NG DECEI~IBER Z8, 200! Do Project: Agent: Location: Di~scription: Project: Agent: Owner: Location: Description: Project: Agent: Owner: Location: Description: Project: Agent: Owner: Location: Description: Federal Highway Corridor Plan City of Boynton Beach Federal Highway Corridor Proposed alternatives for implementing the Zoning Code amendments as recommended in the Federal Highway Corridor Redevelopment Plan, including review of recommendations by CRA as heard in cases REZN 01-003, REZN 01-004 Krispy Kreme Scott Barber/Gee & Jenson Dynamic Doughnuts Florida Realty, Inc. and Krispy Kreme of S~uth Florida, LLC Between NW 1~ Avenue and Boynton Beach Boulevard [SR804], approximately 1~500 feet east of NW 7~ Street, opposite the ntersect~on of Boynton Beach Boulevard and West Industrial Avenue Request to amene the Comprehensive Plan Future Land Use Map designation on a 0.62 acre parcel from Medium Density Residential I9.86 ~u/ac) to Local Retail Commercial and to rezone from Duplex Residentia (R-2) to Neighborhood Commercial (C-2) (Request postponement of pub~lc hearing until January 2, 2002) Krispy Kreme Scott Barber/Gee & Jenson Dynamic Doughnuts Florida Realty, Inc. and Krispy Kreme of South Florida, LLC Between NW 1~ Avenue and Boynton Beach Boulevard (SR804), approximately 1,500 feet east of NW 7m Street, opposite the intersection of Bo~nton Beach Boulevard and West Industrial Avenue Request Conditional Use/Site Plan approval for a 4,680 square foot fast food restaurant with drive-through feature po~ponement of pubh'c hearing un~TJanuary 2~ 2002) Mobil Woolbright & Congress Anna Cottrell Mobil Oil Corporation 2605 W. Woolbright Road Request for Conditional Use/Site Plan approval for a gasoline dispensing establishment with accessory car wash facility (Reque~t po~ponement of pubh'c h~at~ng until January 2~ 2002) ' CIiY'OF BOYNTON BEACH AGENDA REGULAR CZTY COt41~IZSSION t4E,- ~ zNG DECEt4BER 18, 2001 Conveying title to the properb~' located at 1451 NW 1~ Court to Dovie Waters in exchange for the property located at 210 NW 13th Avenue and authorizing execution~_ of the deed (Proposed Resolution No, R01-336) ('7'ag/ed un6,7 FUTURE AGENDA 11'Ef4S: A. Modification to City Pay Plan - Salary Ranges (January 2, 2002) Report on Modification to Development Review Process - Environmental Permits (January 2, 2002) C. Traffic Calming and Traffic Control Final Report (January 15, 2002) Review of Proposed Amendment to Development Agreement - Marina Pro.~ect (.]anuary 15, 2002) E. Stormwater Projects Report (January 15, 2002) FRA Whistle Ban - Report (March 2002) - Delayed due to Federal Railway Administration Delay in Rulemaking DEVELOPF4ENT PLANS: NEW BUSINESS: Continued discussion of enforcement of current regulations requiring shade canopies to be defined as "structures" and, therefore, subject to building codes and zoning regulations (l"abl~dunbT./anuat~.~ Proposed Resolution No. R01-337 Re: Supporting the Munidpal Public Safety Communications Consortium Communications Project LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 01-39 Re: LancJ Use Amendment for a ±18.03 acre property for construction of a new elementary school to reclassify from MR-5 (Palm Beach County) to Public &. Private Governmental/Tnstltutlonal (PPGT) Proposed Ordinance No. O1-40 Re: Rezoning of a :1:18.03 acre property from Agricultural Residential (Palm Beach County zoning district) to Public Use (PU) CI'TY'OF BOYNTON BEACH AGENDA REGULAR CITY COMMISSION MEETTNG DECEMBER 18, 2001 Proposed Ordinance No. 01-60 attendance Re: Advisory board 4; "Proposed Ordinance No. 01-61 Re: School Concurrency Proposed Ordinance No, 01-62 Redevelopment Agency staffing Re: Community Proposed Ordinance No. 01-63 transfer of accumulated leave balances Re: Fire pension optional Ordinances - 1s~ Reading Proposed Ordinance No. 01-64 Commission Re: Establishing an Arts Proposed Ordinance No. 01-65 Re: Amending Chapter 6. Cemeteries, Section 6-18(a)(2), to provide for 50% of the original purchase price of a crypt or niche alter interment, resale or transfer of ownership to the City of Boynton Beach Proposed Ordinance No, 01-66 Purchase and Contract Award Policies Re: Modifications to City Proposed Ordinance No. 01-67 Re: Annexation of an 8.84-acre contiguous parcel to ~)e master planned for a church campus (Calvary Chapel) Proposed Ordinance No. 01-68 Re: Lan~ Use Amendment from HR-8 (Palm Beach County designation} to Moderate Density Single Fami]y Residential (MoDR) (Calvary Chapel) Proposed Ordinance No. 01-69 Re: Rezoning from Agricultural-Residential (Palm Beach County zoning) to Planned Unit Development (PUD) (CalvarF Chapel) Resolutions: Proposed Resolution No. R01-338 Re: Intedocal Agreement between the City of Boynton Beach and the Board of County Commissioners, Palm Beach County, establishing the City as fiscal agent for the Munidpal Public Safety Communications Consortium Local Law Enforcement Block Grant 8 'CTI'Y~F BOYNTON BEACH AGENDA REGULAR CTFYCOMMISSION MEETLNG DECEMBER 18,2001 Proposed Resolution No. R01-339 Re: Intedocal Agreement between the~ City of Boynton Beach and the Munidpal Public Safety Communications Consortium establishing the City as fiscal agent for the Municipal Public Safety Communications Consortium Local Law Enforcement Block Grant D. Other; None XIII, UNFINISHED BUSINESS: XIV, ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECZSION MADE BY THE (:TRY COMMISSION WTrH RESPECT TO ANY HATTER CONSIDERED AT THIS MEET:lNG, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND/ FOR SUCH PURPOSE! HE/SHE MAY NEED TO ENSURE THAT A VERBA3~M RECORD OF THE P~OCEEDING IS MADE, WH]CH EECORD INCLUDES THE T~ST~MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0J,05) THE CTTY SHALL FURNISH APPROPRIATE AUXB-~ARY A~DS AND SERVICES WHERE NECESSARY TO AFFORD AN INDZV[DUAL WITH A DISASILPPf AN EC~UAL OPPORTUNiTY TO PARTICIPA~ IN AND EN3OYTHEBBNEFITSOFASERV~C$=~ PROGRAM~ ORACTIV1TYCONDUCTEDBYTHEC1Tf. PLEASE CONTACT 3OYC~ COSTELLO, (56~L) ~7'~2-6013 AT LEAST TWENTY-FOUR HOURS PR[OR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE cI'rY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FTNAL AGENDA 12/14/2001 10:54 AM ]:\SHRDATA\CC'~WP\CCAGENDA~,~GENDAS\Year 2001\121801 final agenda.doc CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA Decer~ber 18, 2QO1 .. 6:30 P,M, I. OPENINGS: D. FILL( A. Call to Order - Mayor Gerald Broening B. Invocation - Rev. Dr. Marshall Cook, Boynto 'Pledge-orA eg ance to the Flag · GIVE rr TO THE PORTION OF THE AGI IND13/ZDUALS MAY E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. III. THE "OPENINGS" UNINTERRUPTED M~NUTES. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3~MINUTE PRESENTATIONS OTHER: A, Informational Items by Members of the City Commission ADMINISTRATIVE: A. Accept resignation of Diana Tedtmann, Regular Member, Education Advisory Board Length of Term Expiration Date Appointment To Be Made Appointments to be made: Board II McCray Children & Youth Advisory Bcl Stu/Reg/NonVoting 1 yr term to 4/02 (Tabled-2) III Ferguson Children & Youth Advisory Bd Stu/Reg/VoUng 1 yr term to 4/02 (Tabled-2) CI'T~ OF BOYNTON BEACH AGENDA DREGUL~R C~'I'Y COMMZSSION MEETING ECEMBER 18, 2001 Hayor ! IV Mayor Ha¥or Mayor Mayor ¥. Broening Weiland Bldg, Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Fisher Cemetery Board Fisher Code Compliance Board Broening Co~munityRelationsBoard Fisher Edbcat~isory-Board Broening Library:Boar, ds Broening Broening Reg Alt Alt Reg Alt Reg 3 yr term to 4/04 (Tabled-2) 1 yr term. to/I-/02 , (Tabled-2) 1 yr term to 4/02 3 yrterm't6:4/03 (Tabled-2) 1 yr termto 4/02 (Tabled-2) (Tabled-3) (Tabled-3) (Tabled-2) AN! A, Announ Oceanfront Concert Series on December 21, 2001, 6-9 p.m. at 14angrove Walk at the Marina - The .]umpstreet 88s (B0ogieWoogie, New Orleans and Jump Blues) B. Presentations: 1. Proclamations: Presentation of check to Mayor and City Commission from Officer John Huntington and the C.O.P. volunteers from their fund raising for the American Heart Association Presentation of awards to the 2"d Annual Holiday Decorating With Lights winners by the Mayor V/. 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 matedal to become a part of the Public Record and subject to staff comments. A, Minutes: 1. City Commission Meeting of November 20, 2001 2, Agenda Preview Conference of November 29, 2001 CZTY OF BOYNTON BEACH AGENDA REGULAR CZTY COt4t4ZSSION HE~- I xNG DECEMBER 18, 2001 3. Joint City Commission/Cemetery Board Workshop of November 29, 2001 Bids_and Purchase Contracts -Recommend Approval -All expenditures are al~pr0~ed in the 2001-2002 Adopted Budget 1. Extend "CO-OP ANHYDROUS AMMONIA," Bid #026-2821-01/KR, to Tanner Industries, Inc.,.f_~r an additional year for an annual estimated expenditure of $89t264/City Utilities portion $13~000 (New Bid #026- 2821-02/KR) Award: a contract in the Construction 02/KR Built Marine r Bid No. 002-2413- and Seawall ) (Palm Beach County Annual mount of $28,224.90 Site Traffic Modification test;er Park Award ;a contract.in the amount of $926,652,to Megan South, Inc. of underbid No. O01-2413-02/KR for the Swale Improvements ) C. Resolutions: Proposed Resolution No,. R01- Re: Releasing cash bond of $66,176to The Collage ~ompanies for the completion of the permitted work at the Gale Tndustries~ warehouse (4885 Parkridge Boulevard) Proposed ReseluUon No. R01- Re: Releasing the Letter of Credit balance of $1,500 to Home Development of Hunters Run for l~sles of Hunters Run Temporary Trailer Proposed.Resolution No. R01- Re: Releasing Letter of Credit No. 12266 M: &T Bank in l~e amount of $53,363.20 for the water and sewersyStems servir~g the project known as Guardian Storage of Boynton Beach, Inc. Proposed Resolution No., R01- Re: Releasing cash sure.ty to Catalfumo Construction, ltd. :[n the amount of $3,000 for the water and sewer systems serving the project known as Stor-AII on Industrial Avenue 3 cTrY OF BOYNTON BEACH AGENDA REGULAR cTr'Y COMMI'SSTON MEL=T~NG DECEMBER 18, 2001 5. Proposed Resolution No. R01- Re: Releasing Letter of Credit No. 3029736 to Bank of America in the amount of $15,260 for the water and sewer: systems serving~the~project: known as WalMart Proposed Resolution No. RO1- Re: Accepting Letter of Credit No, 200~iA;~om:~Ohio. Savings~Bankqn the amount of $363,836 as surety 'for~ the Jnstallati°n of the: water.and sanitary Sewer systems serv ng t~e project known as 3or~athan's Creel< ~ reduction installation of iatee Bay Task Order Iting engineers, for Lif~ Station constrUctien, Based iCDC IApproval of Grant (CDBG) ust 7, 2001, and the Local Tnitiative for building Beach Faith 10. 11. Proposed Resolution No. RO1- Re: Approving the change Order request to PREVEN'r{VE MAINTENANCE ~UPPORT SERVICES, :[NC, ferryman ncrease~to the 'blanket for. roof nspe~ions, pressure cleaning, rna ntena~e rePairs a~d ~epb~ting~or $18;97~ based on the City of Coral Spdngs Bid #01-C-020F {effective: 02/06/01-02/05/03) Re: Approving the change order :TN~,: ~for, a modification of the Ower roof for $26,725 12. Re':. Transferring funds P~'omenade, Parking and the 13. Proposed ResolUtion NO. RO1- Re: Manatee Bay Ratification of Planning & De~elooment Board Action: None Approwng plat for 4 CITY OF BOYNTON BEACH AGENDA REGULAR CITY COMMISSION MEETING DECEMBER 18f 2001 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, recreation area, and related site improvements on two acres (Reque.~-t postponement unt#~anuary ~ RO0~) Approve transfer of $70,000 from Contingency Account to Planning & Zoning Consultant Fees Oty's Land Development Regt ) Approve two funding requests by a. y b. $ students to be able ~rning experience without Discussion regarding possible development scenarios for the M-1 zoned land along South Congress Avenue and initiating.a planning study for the area B. Report on Tnterim Financial A~sistance to Chamber of Commerce 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 S. Federal Highway Request to reclassify the subject property from Local Retail Commercial and Low Density Residential to High Density Residentlal~ and rezone from C-3 Community Commercial and R-l- AA Single-family Residential to Planned Unit Development (PUD), The applicant proposes to develop the property with 19 three- story town homes and related site improvements. The site plan (NWSP 01-010) will be adopted asthe master plan for the PUD (Request postponemen~ of l~ubl/c hearin~ unt# January · ~ ~00~) Project: Agent: Location: Description: Federal J-lighway Corridor Plan City of Boynton Beach Federal Highway Corridor Proposed alternatives for implemenUng the Zoning Code amendments as recommended in the Federal Highway Corridor CITY OF BOYNTON BEACH AGENDA REGULAR CZT'Y COMMISSZON MEe m &NG DECEMBER 18~ 2001 Redevelopment Plan, including review of recommendations by CRA as heard in cases REZN 0I~003, REZN 01-004 Agent: Owner: Location: Krispy Kreme Scott Barber/Gee &3enson >,~ Dynamic Doughnuts :'Florida.Realty, :[ncr. and Krispy Kreme of South Florida, LLC Between NW 1~ Avenue. and Boynton 'Beach Boulevard [SR804], ~ the Industrial Descripti( Land Use Map Medium Density ~rda/and to rezone (c-2) Project: Agent: Owner: Location: Description: 3rida-Rea[ty~ Inc.~:and Krispy Kreme of Avenue and Boynton Beach Boulevard (SR804), of NW,i7~ Street, opposite the Boulevard and West Industrial Use/Site Plan approval for a 4,680 square feature (Reque~'~ z 2z 2002) Project: Agent: Owner: Location: Description: Mobil Anl approval for a gasoline nent with accessory car wash facility r untzY January 2~ Conveying title to the property located at 145~ NW 1~ Court to Doyle Waters in exchange for located at 210 NW 13~ Avenue and authorizing execution of t No. RO1- ) (l'abl~d unta7 ]anuar~ 6 Clm Y OF BOYNTON BEACH AGENDA REGULAR CZTY COMMISSION MEETZNG DECEMBER 18~ 2001 FUTURE AGENDA ~TEMS: A. Mod~cation tO Oty Pay Plan - Salary Ranges (January 2, 2002) Report on Modification to Development Review Process - Environmental Permits (.lanuary 2, 2002) C. Traffic Calming and Traffic Control Final Report (January 15, 2002) Review of Proposed Amendment to Developm~ (January 15, 2002) r- Marina Project E. Stormwater Projects~ F. Whi~ Administ~at~'~Del~ DEVELOPMEN~ P~N~ NEW BUS:~N~ to Federal Railway Continued discussion of enforcement of current regulations requiring shade canopies to be defined as "structures" and, therefore, subject to building codes and zoning regulations (Tabl~lunUl.~anuary~S. 2002) Proposed Resolution No. R01- Re: Supporting the Municipal Public Safety Communications Consortium Communications Project LEGAL: A. Ordinances - 2n~ Reading - PUBLIC HEARING Proposed Ordinance No, 01-39 Re: Land Use Amendment for a ±18.03 acre property for construction of a new elementary school to reclassify from MR-5 IPalm Beach County) to Public & Private Govem mental/Institutional (PPG:[) Proposed Ordinance No. O1-40 Re: Rezoning of a ~-18.03 acre property from Agricultural Residential (Palm Beach County zoning district) to Public Use [PU) Proposed Ordinance No' 01-60 attendance Re: Advisory board 4. Proposed Ordinance No. 01-61 Re: School Concurrency 7 cz'rYOF BOYNTON BEACH AGENDA REGULAR CZTY COMMZSSTON MEETING DECEMBER 18, 2001 5. Proposed Ordinance No, 01-62 Re: Redevelopment Agency staffing 6: '~' Proposed Ordinance No. 01-63 Re: ~aesfe~ pf accump at~d eave ba ances Ordinances - 1~ Reading Community Fire pension optional 01- Re: an Arts I Chapter 6. [:he original or transfer of Re: i~odifications to City ReL Annexation of an rcel to be master planned~ for a church campus (¢alvar Se Re:. ~Land Use Amendment designation) to Moderate Density Single I1- Re: Rezoning from } Beach County zoning) to Planned Unit ID) (Ca vary Chapel) Resolutions: Proposed Resolution No. ROZ- Re: Interlocal Agreement between the Qty of Boynton Beach and the Board of County Commissioners, Palm Beach County, establishing the City as fiscal agent for the Municipal Public Safety Communications Consortium Local Law Enforcement Block Grant Proposed Resolution No. R01- Re: Tnterlocal Agreement between the City of Boynton Beach and the Municipal Public Safety Communications Consortium establishing the City as fiscal agent for the Municipal Public Safety Communications Consortium Local Law Enforcement Block Grant CITY OF BOYNTON BEACH AGENDA REGULAR CITY COMMISSION MEETTNG DECEMBER 18f 2001 D. Other: None XIII, UNFINISHED BUSINESS: X/V. AD3OURNMENT: bg FINAL DRAFT AGENDA 12/12/2001 11:55 AN \\CH~MAIN\SHRDATA\CC\WP\CCAGENDA~AGENDAS\YEAR 2001 \121801.DOC ~V.-ADMINISTRATIVE ITEM A, Gerald Broening, Mayor City Clerk's Office 100 E. Boynton Beach Blvd. Boynton Beact~, FL 33425-0310 Diana Tedtmann 869 NW 8~ Avenue Boynton Beach, FL 33426 November 29, 2001 Dear Mayor Broening, It is with regret that I inform you of my resignation as chairlxa,mn and board member of the Education Advisory Board (EAB). My professional responsibilities and career plans have changed within the past few months. These changes do not make it feam~ole for me to eonthme on the EAB. Itis my hope that at some time in the future, I will again have the opportunity to serve The City of Boymon Beach. Sincerely yours, Diana Tedtmann V'A~©~NCEMENTS B. PRESENTATZON$ Ztem B.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Corcan/ssion Meetin~ Dateq - [] November 20, 2001 ~., December 4, 2001 ~ December I8. 2001 [] January 2, 2002 Date Final Form Must be Turned m to City Clerk's Office November 7, 2001 '5:00 p.m. November 21. 2001 ~5:00 p.m. December 5, 2001 (S:00p.m.l December I9, 2001 (5:00 p.m.) Requested City Commission [] January 15, 2002 ~ February 5, 2002 [] February 19,2002 [] M~rch 5, 2002 Date Final Form Must be Fumed ~ Offi~ January 3, 2002 ~5:00 p.nzj January 16, 2002 (5:00 p. rca) February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.y NATURE OF AGENDA ITEM [] Adminisu:ative [] Development Plans [] Consent Agenda ~ New Business [] PubLic Hearing [] Legal [] Bids [] Unfinished Bnsmess [] Announcement [] Presentation Po [] City Manager's Report RECOM3~NDATION:"~ Officer John Htmtington and the C.O.P. volunteers to present a cheek to City Manager Kurt Bressner. EXPLANATION: This presentation is on behalf of the C.O.P. volunteers in their fund raising for the American Heart Association. PROGRAM IMPACT: FISCAL [MI~ACT: ALTERNATIVEs: Department Head's Signature ~er's Signature Dep,a tment Name City Attorney / Finan~urces S:~BULLETIN~FO RMS~GENDA ITEM REQUEST FORM.DOC ~ ~ANNOUNCEME~T$ & PRESENTATLONS :Item B.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission ~ . [] November20, 2001 [] December 4, 2001 [] December I8,2001 · Dat~ Final Form Must be Turned ~ C1 .e_rk's November 7, 2001 (5:00 p.m, Novembc-r 21,2001 (5:00p.m.) Decembe~ 5,200I (5:00p.m.i December 19, 2001 (5:00 p.nt ~ Requested City Comm/ssion _Meetiv~ [] January 15. 2002 [] February 5, 2002 [] Februa~ 19. 2002 [] March 5, 2002 Dat~ Final Form Must be Tunaed ~n r9 C~erle~ Office_ January 3, 2002 (5:00 p.m.j January 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.mq Febra~/20, 20{12 1'5:00 p.m.~ NATURE OF AGENDA ITEM [] Administrative [] Developmem Plans [] Consent Agenda [] New Bus/ness [] Pubhc Hearing [] Legal [] Bids [] Unfinished Bus/ness [] Aenotmcemem [] Presentation [] City Manager's Report RECOMMENDATION: Presentation of the awards to the 2nd AllnUal Holiday Decorating With Lights winners by the Mayor. EXPLANATION: Initiated last year, this program promotes community spirit and recogntZes homeowners and businesses that contribute to community spirit through holiday decorations. Open to the first 50 enu'ies received, judging took place the week of December 10. Categories include originality, use of color, special effects and judge's choice. PROGRAM IMPACT: Recognition of community participation and involvement and promotion of community spffit. FISCAL IMPACT: N/A ALTERNATIVEs: N/A Recreation Department Name City Manager's Signature City Attorney / Finance / Human Resources S :~BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC VT.-CONSENT AGENDA CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Re quested City Commission .Dato Final Form Mttst be Turned Meeting Dates - - - in to City Clerk's Office Requested Cie/Commission Meetin~ Dates [] November 20. 2001 November7,2001 (5:00p.m.) [] JanuarylS, 2002 TTEM B.1 J~u~ 3, 2002 (5:00 p.m.) [] December 4, 2001 November21,2001 (5:00p.m,) [] February5,2002 January 16. 2002,15:00 p.m.) [] December 18. 2001 DecemberS, 2001 (5:00p.r~) [] Febroary 19.2002 February 6, 2002 (5:00 p.m.) [] Janua~ 2, 2002 December l9, 2001 ~5:00p.m.) [] lvL~hS. 2002 February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM Administrative [] Development Plans Consent Agenda [] New Business [] Public Hearing [] Legal Bids ~-- Urrfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to extend "CO-OP ANHYDROUS AMMONIA". Bid #026-2821-01/KR. to Tanner Industries, Inc., for an additional year for an annual estimated expenditure of $ 89,264.00/City Utilities portion $13~000.00. (New Bid #026-2821-02fKR) CONTRACT RENEWAL PERIOD: FEBRUARY 21, 2002 TO FEBRUARY 26, 2003 EXPLANATION: With the City of Boynton Beach acting as lead entity, this bid was awarded to Tanner Industries, Inc. at the Commission meeting held on February 6, 2001. This bid will expire February 20, 2002; however, according to the Terms and Conditions of the bid. we have the option to renew and extend the prices for an additional year, provided all parties agree. Tanner Industries, Inc. has provided us with excellent service and has agreed to extend their bid price of $ 0.224 per lb. for the contract renewal period (see attached letter). Robert Kenyon, Deputy Director of Utilities along with the seven (7) other entities included in this co-op bid. concur with this recommendation (see attached Memo #01-282 and individual memos from co-op participants). PROGRAM IMPACT: The purpose of this bid is to establish a firm price per pound for Anhydrous Ammonia, used for the disinfection of water, from a source that will provide prompt service and convenient shipment to the eight (8) participating entities within Palm Beach County and surrounding areas. FISCAL 12MPACT: ACCOUNT NUMBER PROCESS CFIEMICALS 401-2811-536-52.35 x_ Ifepartment Head's Signature ESTIMATED ANNUAL EXPENDITURE $ City Manager's Signature Procurement Services Department Name City Att~ney / Finance / Human Resources S:~BULLET1NL~ORMS~AGENDA ITEM R]EQUEST FORM.DOC RECEIVED' MEMORANDUM Utilities #01-282 ~00t TO: : FROM: DATE: SUBJECT: Bill Atldns, Deputy Finance Director Deputy Utility Di¥¢ctoP' ' // November 30, 2~01 Anhydrous Ammonia Co-Op .Bid.#026-2821-01/KR Age~da Item The C[tyls ,two~ water trea .~. ent plants use a total of approximately 55,000 lbs. of anhydrous amm0ni..a per y~ar in the disinfection process. Tanner Industries, Inc. has provided us with a high quality product and excellent service for over ten years, and has agreed to extend their bid price of $0.224 per lb. for an additional year. We recommend the extension of this bid to Tanner Industries, Inc. in the amount of $13.000.00. Funds~are available in Account ~401-2811-536-52.35. Process Chemicals. Please present this reCommendation to the Commissign for their approval. If you need additional mfonna~on¢ plebe cgntact me at ext. 6402. Xc: Dave Aitstock John Reynolds Barb Conboy File The ¢it of BoynWn Beach 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: ($61) 742-6320 : ". FAX: (561) 742-6306 NAM~ OF BID: "CO-OP ANHYDROUS AMMONIA" RECEIVED NOV ~6 2001 BID#: 026-2821-_01/KR Agreement between the City of Boynton Beach, Owner; and TANNER INDUSTRIES. INC. (Company's Name) Contract Extension Period: FEBRUARY 21, 2002 TO FEBRUARY 20, 2003 ~Yes, I agree to extend the existing bid proposal price until February 20, 2003. No, I do not wish to extend the existing bid proposal price until February 20, 2003. NAME OF COMPANY NAME OF REPRESENTATIVE (please print) DATE///lei/~ TITLE (AREA CODE) TELEPHONE NUMBER Ame~ca's Gate~ay to the Gulfstream ,.,~T, 3ELLE 3LADE PAGE 0i your ,~ NO No~r~ 27, NO city ,,f Novembc*r 27, CO OP ANIIYDROUS ~t's~MONIA ..... :: ~ ANNUAl, CONTRACT PERIOD: FEBRUARY 21. 200~ 'iX) F~BRIJ~AI~Y 20, ~0~2 rO AI,L I'ARTICIP~TING ~t~N ITT~S The alcove mentioned bid Will~ 2 s' 2002~ but~ according tO ~c 1 ~rms and for o~; add~lw~l ye. or; T~m~t lndusmc~, you atCree to gxtortd ptea.se ch~ck ~'¥ES" below. I[you do not agrcc.pl~ :hock NO ami ~xplain in d~i~il why ' ':' ' ''" '" Att~h~l is your delivery adrift_s,, p~-r ~r!gimd bid specie, at!ohs. 1£ notify me ~ (S(,l) 742 6'422 :u~note chat~cs on yom Pl¢.-c,,e f~x ym~r respond, u~ me ,~t (561) 742~6306 by: NOVEMBER ~0, 2001 Thank yuu fi)r y~ur c~x~pera, tion in this m~. Sin~. Buyer c: File NO Distribution. I 1,.F..~SF,. C~.I,(_EC_~._Q[,kl, OR CmCLE YOUR E~ ~! Y City of Pomps, no IleadtlA.eeta H;~dw (9.~4) 786 4 CitF of Rhdcra Flea~h/C~a~l .~ley ~ ~ VJ~Ytsl,~'~, ¢~r'l'eq~l~'l~lt~lt:w Mot~ (~1] Ame'rir~ '~ ¢~t~:z~ t~ the 27, 2001 no~y mo u~ ($61) ?~2,6322 mci na~ chartres oa ~our t~ly. PI~ ~&z"~om': .r~lxml~ to m~ ~ (~61) 742-&306 by: - _ · ', - _ Buy~ c: File D~.~ ~n.~,,s~ a-mc~ o~ ca cmc~ vo~ ~nTrY Cay ~,~ C,.y of November 27, 2001 TO ALL PARTtcII~ATING BNT~TIB$; If ymt sgre, e to ex-te~d, pl~ae check"YEW' be, law. If you do not a~ree, pie~tse cheer explain in derail why. ~'e any change, pl~se Please fax your response:to me at ~561) ?~2-6306 bY: ~ Buy~. File NO Di:~-~bufian: ' PLEASE CH~"'K OFF OR CIRCLE YOUR ~'NTITY Vil.hge of Tequ~ta,'~a~e~ Marrisou - (561) 575-6~03 Bo~nt. on Be, a~h Novembe~ 2~, ~001 2001 TO FI~BRUARy~20~ 2~F2 20, 2002, b~t ~ ~o ~lm Temps and ~or one adclitio:cml year. ~ belmv. IFyou do m~t agree, please check "NO" ¢: RECEIVED NOV 2 7 2001 PURCHASING DEPT, ~ T~l~ 19~ iS :TI 100~I~£t[~ RECEtVEO LOCATION Olr DELIVERIF~:. ~ ,~ ~ ~:.'~ ,C...OViiII~iM:EI~i'AL UNIT APPP. OI~iIMATE OTY DELIVERY LOCATION AGGREGA~.TK TOTAL: AND 5:00 P.M. BoJrnton Beach P.O, ~ Nove~xl~r 27, 200! ,~g8 bol0w. If Mow do not a~xoo, ple. as© check "NO" c: NO Di~-ibut/o~: PLEASE CKBCK Old'OR CIRCLE YOLVR ENTiT'~'_ SOLE BIDDER WItO ~IEE~ ALL SPECIFICATIONS ~fiL A'~KiNS, DEPUTY SERVICES CO-DP ANHYDROUS AMMONIA ai:e the only offers end time. BID OPENING DATE: JANUARY4, 2001 n response to this solicitation. BID OPENING TIME: 10:00 A.M. BID ~026-2821-011KR t an are n rely -ANNER INDUSTRIES, INC. [ VENDORS 735 DAVlSVILLE RAOD SOUTHAMPTON PA 18966 (215) 322-1238 ATTN:- J,~THOMAS-LAUE!A - UNIT PRICE TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT CITY OF BELLE GLADE UNIT PRICE 25,000 LBS ~ .224 . $ ~5,60Q,00 CITY OF BOCA RATON ~ ~ UNIT PRICE TOTAL AMOUNT ' UNIT PRICE TOTAL AMOUNT 90,000 LBS. .224 $ 20,160,00 . . · UNIT PRICE TOTAL AMOUNT CITY OF BOYNTON BEACH ~ ~ TOTAL AMOUNT UJ~I[T_P__~ T°TAL AMOUNT 55,000 LBS. . 2-24 $ 12,320 00 - . . · CITY OF DELRAY BEACH UNIT PRICE ~ ~ TOTAL AMOUNT UNIT PRICE [OTAL AMOUNT 70,000 LBS. - .224 ~$~1.5,68Q,00..~ ~ · . CITY OF LAKE WORTH UNIT PRICE TOTAL ~MOUN¥ ~ LOYAL AMouNT · UNIT PRICE TOTAL. AMOUNT 23,000 LBS. .224~ $.. 5,152.00 ~ ~ITY OF POMPANO BEACH UNiT PR[C~ TOTAL AMOUNT ~ UNIT PRICE TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT 118,000 LBS. .224 $ :~26,4.32.00 · .. TOTAL AMOUNT TOTAL CITY OF RIVIERA BEACH AMOUNT UJ~T_~.BJ~?~ -' TOTAL AMOUNT UNIT PRICE 10,00OLBS. . --' ,22~ $ 2,240.00 VILLAGE OF TEQUESTA Ut~[PJ~7,E ~ - [INIT PRICE TOTAL AMOUNT UNIT PRli~E TOTAL AMOUNT 7,500 LBS. .224 $ 1,680.00 GRAND TOTAL (ALL ENTITIES) 398,500 LBS. 'r'. $89,264.00 CALENDAR DAYS '1~O (2) NUMBER OF PROPOSALS ONE ~UBMITTED ~I.S.D.S. SHEETS SUBMITTED YES SPECIFICATION "CHECK-OFF" SHEETS SUBMITTED *yES/ExcEPTIONS Page '1 of 2 CO-OP ANHYDROUS AMMONIA "Offers from the vendors listed herein are the only offers re~celved time y as of the above receiving date and time. BID OPENING DATE: JANUARY4. 2001 ~PENING TIME: 10:00 A.M. All other offers submitted in response to this solicitation. o,u ,.,,- ,- ......................... if an)', are ,ereo)' reje~u u~ ,ut,= BID # 026-2821-01/KR VENDORS TANNER INDUSTRIES. INC. 735 DAVISVILLE RAOD SOUTHAMPTON, PA 18966 215) 322-1238 '.' ~TTN: J. THOI~.S LAURIA SERVICE REPRESENTATIVE INFORMATION SUBMITTED YES BID IN DUPLICATE YES SECTION "A" COMPLETED YES SECTION "B" COMPU- I P-.U YES NONCOLLUSION AFFIDAVIT SUBMITTED YES ANTI-KICKBACK AFFIDAVIT SUBMITTED YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED YES/NOT CONFIRMATION OF DRUG-FREE WORKPLACE SUBMITTED YES COMMENTS *EXCEPTION PAGE SUBM! ~ ~ ~L~ COMPANY BROCHURE IS ~,TTACHED Page VI.-CONSENT AGENDA 'rTEM B.2 RESOLUTION NO. R 0l- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA, APPROVING THE AWARD OF A BID (NO. 002-2413-02/K_R) TO '- CUSTOM BUILT MARINE CONSTRUCTION OF STUART, FLOR.IDA, 1N THE AMOUNT OF $272,554.00 FOR THE N.E. 12TM AVENUE DRAINAGE IMPROVEMENTS AND SEAWALL REPLACEMENT PROJECT; AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Bids for the above referenced project were received on November 4. 2001, and it was determined that custom Built Marine Construction of Stuart, Florida, a~as the most responsive bidder who met and exceeded all specifications; NOW, THEREFORE, BE IT RESOLVED BY TItE CITY COMMISSION )' THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Comrmssion of the City of Boynton Beach, Florida, tereby approves the award of a bid to Custom Built Marine Construction of Stuart, Florida, in the mount of S272,554.00 for the N.E. 12~ Avenue Drainage Improvements md Seawall Replacement Project, and authorizes the Mayor to execute a Contract ~etween the parties, a copy of which is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS ATTEST: City CIerk day of December, 2001 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissxoner Commissioner Commissioner s:Re~o~Bid Award\Custom Built 121201 Requested Ci.ty Commission Meetm~ Dates [] November20. 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 Tm'ned in to CiW Clerk's Office Requestcd Cit~ Commission Meelin~ Dates November7.2001 (5:00p.m.) [] Janua~ 15,2002 Janua~ 3, 2002 (5:00 p.m.1 November 21. 2001 5:00 p.m.) [] February 5, 2002 lanuary 16, 2002 (5:00 p.m.j December5.2001 (5:00p.m.) [] February l9. 2002 Febroary 6, 2002 (5:00 December 19, 2001 5:00 p.m.) [] March 5, 2002 February 20, 2002 (5:00 p.nt) NATURE OF AGENDA~EM Administrative [] Developme~ Plans Consent Agenda [] New Business [] Public Hearing [] Legal [ .~ Bids [] UnfiffishedBusiness [] Announcement [] Presentation [-- City Manager's Report RECOMMENDATION: Motion to award a contract in the mount of $272,554 to Custom Built Marine Construction of Stuart, Florida as the low bidder under Bid No. 002-2413-02fKR for the NE 12th Avenue Drainage Improvements and Seawall Replacement Project. EXPLANATION: This project was designed by Metcalf and Eddy as the Utility Consultant to replace the existing 50-year-old seawall that has failed because of hydraulic loading from storm water. Also included in this project are storm water improvements on NE 12t~ Avenue to minimize the effect of storm water runoff to the seawall and the general area of NE 12th Avenue. Three bids were received on November 14, 2001 with the low bid fi:om Custom Built Marine Construction, Inc. This project is part of the overall Citywide Storm water Management Program. PROGRAM IMPACT: The primary purpose of this project is to protect the public fight-of-way from potential erosion during future storm events; however, this is another capital improvement project with a comprehensive approach to these infrastructure improvements. The drainage improvement phase of this project will allow for better storm water management within the project area of Northeast 12th Avenue. This project will also reconstruct swales, restore driveways, landscaping, and plantings where they are disturbed and provides for asphalt restoration of roadway fi:om US 1 east along NE 12th Avenue. The proposed contractor, Custom Built Marine Construction, Inc. has successfully performed similar projects for a variety of clients including South Florida Water Management District, Nettles Island, and City of Stuart [Riverwalk Phase VI). SSBULLET1NNTORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: This project was originally budgeted at $375,000 including consultant costs. Based upon the consultant costs of $72,076 and the funds necessa~ to award this contract of $272,554 the total costs to date are $344,630 resulting m available funds of $30,370. Originally budgeted in.2000/2001 budge~- $ 375,000 Consultant costs- $ 72,076 Construction- $ 272,554 Balance- $ 30,370 The construction award amount of $272,554 includes a contingency allowance of $25,000, which will be used if needed for unforeseen site Conditions monitored by the Consultant and the Project Manager. This project is funded from the Utilities General Reserve, ~Ccount no. 403-5000-590-96.07, STM014. ALTERNATIVES: The alternative of not proceeding with this project is not considered prudent since further storm water erosion will risk complete failure of the seawall with potential right of way and private property damage. Department HeadO Signature ~'s Signature City AttOrney/Finan~ / Human Resources S :kBULLETINXFO RM S~AGENDA ITEM REQUEST FORM.DOC BID TITLE: BID NUMBER: NORTHEAST 12m AVENUE DRAINAGE IMPROVEMENTS AND SEAWALL REPLACEMENT 002-2413-02/KR "-CITY O1~ BOYNTON BEACH FLORIDA CONTRACT FOR CONSTRUCTION SERVICES 20 hereinafter called the "CITY" C, ON,qTRUCTION~ INC... a Florida Corporation (_X _) a Florida General Parmership ( ) a Florida Limited Partnership( ) a Sole Proprietor ( ) THIS CONTRACT, made and entered into this day of , by and between the' cITY'OF BOYNTON.BEACH~ a municipal corporatiun of Florida, or "OWNER" and CIT,qTOM RIJII,T MARINE, hereinafter called "CONTRACTOR". WITNESSETH A. The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: NORTHEAST 12wa AVENUE DRAINAGE IMPROVEMENTS AND SEAWALL REPLACEMENT B. Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 1 t,h day of Nr~v~mher, 2001, for the total bid amount of ~ 2"/l:~4.00.' C. On the 18th day Of D~eemher, 20_01, the City commtssion designated contractor as having submitted the bid that was most advantageous to th~ City and authorized the execution of this Agreement. D. The Parties agree that the Pr°Ject is scheduled t° be c°mpleted within 10-~ calendar days °f the issuance of the Notice to Proceed, subject to CITY approved time extensions. There are penalties to thc CONTRACTOR for the failure to meet such deadlines. NOW, THEREFORE, in conaidemtion of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1. AGREEMENT 1.1. The Parties agree that: Col 1.1.1. The foregoing recitations Contained in Paragraphs A-C are tree and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide "- construction ser¢ices for:completion 9f~e Project 1.1.3. The CONTRACTOR doe~ accept this Contrhc~ ~d does agree to furnish the necessary labor, tools, eqmp ,ment, materials and supplies, etc., and to complete th~ ~roje~ bY Per~.~o~gi~all: ~ work as sit forth in the this _ C~og~ ~.a!a~ ~;~e[:~C~[~o~e~n~.~e,~.n.'~ and amom!~ ~ts set forth : m~Gontrgctor's bid~ .: .- ' ~ 1.1.4. Contractor is an in~end~en~ contractor as that t'~tm ig'~Set'~0~ ~-the General Conditions Bi~0nst/Ucfion (GC:2~ '~ :' :~ ' 1.1.5. Unless otherwise provided, all time fi~tmes referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. The Contract Documents are the compilation of the following individual documents: 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6. Construction Contract 2.2.7. Certificate oflnsmance 2.2.8. Public Construction Bond 2.2.9. Letters of Credit 2.2.10. Technical Specifications 2.2.11. Contract Drawings and Plans 2.2.12. Addenda 2.2.13. Written directives or interpretations 2.2.14. Manufacturers warranties c-2 3. OBLIGATIONS Og CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, - supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete~ said project in accordance with the conditions and prices as stated in the Conu'act Documents. 3.1.2. Perform all the work and labor pur~,ant to this conu'act and all of the materials furnished Shah be in strict conf~m-ti.ty with the Contract Documents. CONTRACTOR fiather ace~ts and consents to the 3.1.3. 3.1.4. Furnish ail tools, equipmen!, materials and su:!~?es ..and toL~,o all the wo~ above mentioned in a first,class, substantial ~,wOrl/manlik~ manner, an in conformity said work on file in the office of the the Contract Documents. defective or faulty gear of receipt of the written 255.05, Florida Statutes, if settlement, any and all suppliers, incurre from all subc'pn~orS ia~t. it suppli~ t°be utilized ghallbe SUpplied by con'ec~ any ene (1) payment. days Sectien material forms 3.1.6. Remove and. propertythat may ~ connection with the completed condition. 3.1.7. Observe and Comply temporary or portion is codes C-3 3.1.8. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1 ;9. Perform such other tasks as.Set forth in the Contract Documents. 3.1.10. Shall proeide all reqaire.d bonds, insurance certificates and any other required security for performance of the Project within ten il 0) days of the Award of the Project. thereof, and will be : from any omissions of their days from the 4.2; 4.3, work in accordance with the procedures and time project~ provide a .written final acceptance and 5.2. b~ full> date m ~KAQTOR'he~by agrees to commence work under this contract on or e ~!d~te ~be, ~p~edm tlie wntten 'Not~ce:to Proceed of the CITY and to ¢0 ,~te~tl~ pra.~e~ct w~ttlin' ~ calendar days following the conunencement ~s ~Pe~f~d m sam. event the CONTRACTOR shall fail to Notice to Proceed or fail in the performance performed within the time limit set forth ' extension or extensions of time made the CONTRACTOR shall be liable as penalty, the amount stipulated in every Calendar day that the CONTRACTOR C-4 CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors fi:Om those proposed in CONTRACTOR's bid proposal, and for such others as the Project E~neer may direct, and shall not employ any that CITY may, within a reasonable time, object-to as incompetent or as unfit. LIQUIDATED DAMAGES 6.1. Tl~e CONTRACTOR further agrees to pay ~zSlk011_per day as liquidated damages, for failure to begin within ten (10) days of CITY's iSsnance of the damages from the CONTRACTOR or his Surety. 7. PROTECTION OF,~E~STING FACILITIES AND wORK IN PROGRESS 7,1. The CONTRACTOR warrants that quoted prices include the protection and continuous'use of all existing work in process, property or operations of the CITY as more particularly set forth in the General Conditions for Construction (GC-44, GC-45, and GC-46). INDEMN! ~FICATION The CON'II~CTOR shall indemnify and save harmless and defend the CITY, its agent~s~ s.e ~.,ams, and.employees from ~ against any cl~, demand, or,.cause o.f action pf ~hatsoeVer kind or nature arising out of error, ormsmon or negngent ac[ 0~f cONTRACTOR, its agents, servants, or employees in the performance o~ services under this Agreement. 8.2. CONTI~CTOR' shall indemnify and save harmless and defend CITY, its agents, servants and~ employees from against any kind and all causes, claims, demands, actiom, losses, liabilities, settlements, judgments, ~d~_a~,__,_ages, costs, expenses, and ~ees (ii~clultin~ without limitation reasonable attorney s and paralegal expenses at bo'--t~ ~lt ~'~ ~al ~and appellate levels) of whatsoever kind or nature for damages to~ nersotls or]nro~ ~ansed in whole or in part by any act, omission, or default ot [he C~t~its-ag~nts, servants or employees arising-from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONT-~CTOR has incorporated in this or/~nal bid. which c.o_nsti.m.t.e.~s the~ Contract sum payable by the CITY to the CONTRACTOR, specffic addittonm considera~on in the amount of ten dollars (.$I0.00) sn?cient to support this 0bligationiofindemnification provided for in this paragraph. c-5 e 8:4. 83. _ Th~ Construction. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR bythe Contract, whichever is greater. It is the CITY'S and , CONIC, ACTOR'S fi~¥~ inte~gfiQ~ that ~: pro~si~ shall be enforceable and said · Pmvisi0n s~ be in edmpliance ~th Se~fi0n 7~5~06,.Florida, stdtUte. obligate for However, the PAYMENT BY CITY 9. I. The · are not tthg not subject to to ~additi0ns.ar!d~deductions as .provided in the Contract 10. CHANGES IN THE WORK t0.1. The CITY, without invalidating the Contract, may order extra work or make changes by. altering, adding to Or deducting from the work, the Contract sum being adjUsted~ accordingly. All such work shall ibc execut ,e~l; under the conditions of the~0dgina, lContract. A '~ mused thereby shall be made ih w~."ting at the time ; in' the work must be processed as set forth in the General ( 10.2. 10.3. All change orders and adjustmems shall be in writing and approved by the Project Manager; otherwise, no claim for extras will be ~lowed. work shall .for · exwa work writing~ .as aforesaid and the clama the work,is Completed. shall be work was same was ordered, in af the first estimate after 11. PROJECT ENGI~ER 11.1. The Pro'ect~j Engm' eer ("Engineer") is 'Metealf & F. ddv· ;: Inc... _3740 C-6 11.2. The Project Engineer shall have general supermsion and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when ha special instances he has the authority by CITY to act, and ha such instances he shall, upon request, show CONTRACTOR such authority in writing. He has~ authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3. As the ProjecrEngineer is, ha the first instance, the imerpre~er of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performanceby both parties. 11.4. In the ~Vent of a dispute, the role of the Project Engineer is to make re~ommgnda~6as~t0 the ~r0ject Manager who shall make the finai decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth ha the General C6nditions fo~ Construction (GC-28). 13. CONTRACT CONTROLS 13.1. 13.2. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, OnlY the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-18). In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. C-7 15. REMEDY FOR DELAY 15.1. 15.2. In: the event of any delay in the project caused by any act br omission of the CITY; its agents or employees, by ~e act or 0m~,'ssion ,,of any other party other than the CONTRACTOR. ~his agents, ~employe{$:~r,sgl~ :~ ~,actors, or delay caused by weather conditions or unavailability of materlals~ '/he sole remedy available to CONTRACTOR shall be bM extant!on: pf ~he..fime allocated to complete the project : [ ~$SUMES ~L MONETAKY ~ ASSOCIATED WITH CONTRACTOR hereby acknowledges, that he has read and understands the above provision. INTIALS 15.3. Failure on the pan of CONTRACTOR to timely process a request for an extension of time to complete the Work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. I5.4. All 'requests for extension of time to complete the work shall be made in accordance with the General Conditious for Construction (GC 24) 15.5. For the purpose of this section, the phrase "the CITY,r its agents and employees" shall include but shall no~ be limited to the Project Engineer and Project Manager 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction (GC-19), 16.2 Upon resolution of a~ dispute by the Owner, either party may request the appoinmaent of a mediator. c-8 IN WITNESS Wltrlr, REOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before writtem Signed, sealed and witnessed in the presence off CIrI'Y OF BOYNTON BEACEI~ FLORIDA Attest: Mayor Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed in the presence of: CONTRACTOR President or Vice President Attest as to CONTRACTOR State of Florida County of Palm Beach ) ) SS: ) On this __ day of ,20 , personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing immanent and has acknowledged before me that they have executed same. My Commission Expires: Notary Public C-9 TO: THROUGH: FROM: SUBJECT: Cc: DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-241 B CEIVED I~URCHASING ~o~Fl'. Bili'Atklns.,/~sistant DireCtor Finance / Procurement Agent Date: November ~26, 2001 DaleS. Sugerman, Assistant.City Manager'~1~ ~/~'0' ~:)Lt(fl~- .tT'~. IX~ Paul Fleming, Senior Project Manage~(~~)Phon~: (561)742-6487 Recommendation f~or Contract Award7 Northeast 12th Avenue Drainage Improvements and Seawa Repla~cei-nent (Bid/f 002-'2413-02/KR) File Mark Law, Barbara Co&boy, Clem Bucher This office has reviewed the bid tabulation sheet and related information for the subject project and hereby recommends contract award in accordance with the following data: Project Name: Northeast 12~ Avenue Drainage Improvements and Seawall Replacement Project. Recommended Contractor: Custom Built Marine Construction, Inc Award Amount: $ 272,554.00 Account Number: This project is funded from the Utilities General Reserve, account no. 403-5000-590- 96.07, STM014. Verification of Contractor Responsibility: Construction Services Division and the project Consultant have jointly verified that the firm Custom Built Marine Construction, Inc. has performed successful similar projects for clients such as the South Flodda Water Management District, Nettles Island, and City of Stuart (Riverwalk Phase VI). A review of work in progress would indicate that the firm has the requisite capacity to undertake this project. Compliance with Plans and Specifications: No exceptions were taken to the construction documents. A pre-award meeting with Construction Services Division verified the Contractor's understanding of the project and ability to meet the required schedule. Client Office Concurrence: Bid results have been discussed with Mark Law, Deputy Director Utilities who has indiCated his concurrence with'the aWard recommendation to Custom Built Marine Construction, inc. If you have any questions please contact Clem Bucher, Contract Administrator, ext. 6491. Attachment: Agenda Item Request Mem¢ - Recommendation for Contract Aware - 112601 BILL ATk~iNS, DEPUTY DIRECTOR OF FINANCIAL SERVICES PAU~ FLEM~I~ MANAGER NORTHEAST 12TH AVENUE DRAINAGE IMPROVEMENTS AND SEAWALL REPLACEMENT **LOWEST, MOST RESPONSIVE, RESPONSIBLE BIDDER WHO MEETS ALL SPECIFICATIONS "Offem from the vendors listed herein are the only offers BID OPENING DATE: NOVEMBER 14, 2001 received timely as of the above receiving date and time. BID OPENING TIME: 2:30 P.M AIIo'ih-~roffel~sub~itt'~dinre~ponse to this s~licitation, BID #: 002-24'13-02/KR if any, are hereby rejected as late" '~E~N~i~R~ .... iiiI1~~' cuSTOM BUILT'MARINE ' DOU~L,~S'N. HiG~iNs, INC. sHORELINE FOUNDATION, INC. CONSTRUCTION, INC. 3390 TRAVIS POINTE RD, SUITE A 2781 SW 56 AVENUE 3170 SE WAALER STREET ANN ARBOR, Mi 48108 PEMBROKE PARK, FL 33023 STUART, FL 34997 734) 996-9500 (954) 985-0460 (561) 288-4254 ATTN: KELLY A. WILKIE A"i'TN: S. MICHAEL SETANCOURT ~cKNowLEDGMENT OF /~TTN RAYMOND CORRIGAN ADDENDUM#1 SUBMITTED YES YES ' YES ORIGINAL AND TWO COPIES OF PROPOSAL SUBMITTED YES YES YES GRAND TOTAL FOR PROJECT $272,554.00 $538,870.00 $339,788.30 BID SCHEDULE OF PRICES SUBMITTED YES YES YES BIDDER ACKNOWLEDGES RESPONSIBILITY TO OBTAIN YES YES NO CONSTRUCTION PERMITS METHOD OF TRANSPORTATION (MOT) DRAWING PROVIDED . YES YES NO COMPUTER GENERATED HORIZONTAL BAR CHART SUBMITTED YES YES NO 5% BID BOND/CERTIFIED CHECK YES YES YES ENCLOSED INTERNATIONAL FIDELITY HARTFORD ACCIDENT & TRAVELERS CASUALTY & INSURANCE COMPANY INDEMNITY COMPANY SURETY COMPANY OF AMER. BIDDER'S QUALIFICATIONS SUBMITTED YES YES YES Page 2 NORTHEAST 12TH AVENUE DRAINAGE IMPROVEMENTS AND SEAWALL REPLACEMENT "Offem from the ~/.el~d~)~ li~!~d herein are the only offers BID OPENING DATE: NOVEMBER 14, 2001 received time y as of thee above rece v rig date aad time. BID OPENING TIME: 2:30 P.M. BID #: 002-2413-02/KR ~" ' ~ ~-' ~'~'~'-~-"" ' ~-~-~ ~"~ ~'~-1?U'~'=' STO ~ any, are nereoy rejectecl as late" ~TENDORS ~1~' '- M BUILT MARINE ~)-oU'G'L~ -N: H GG(NS~' I~C ~NORELINE FOUNDATION, INC, CONSTRUCTION, INC. 3;390 TRAVIS POIN~E RD, SUITE A ~781 SW 56 AVENUE . 3170 SE WAALER STREET ANN ARBO.R~_.M.,I. 48~I~08 ~EMBROKE PARK FL 33023 STUART, FL 34997 (734) 996-9500 (954) 985-0460 (561 ) 288-4254 ATTN: KELLY A. WILKIE ATTN: S. MICHAEL BETANCOURT ATTN: RAYMOND CORRIGAN iJlD[~ER'S ~;ITE iN~PEC¥1ON CONFIRMATION SUBMITTED YES/UNSIGNED YES/UNSIGNED YES/UNSIGNED BY CITY EMPLOYEE BY CITY EMPLOYEE BY CITY EMPLOYEE ~I~ONCOLLUSION AFFIDAVIT ' SUBMITTED YES YES YES ANTI - KICKBACK AFFIDAVIT SUBMITTED YES YES YES BUSINESS SUBMI'FrED YES/NOT A MINORITY YES/NOT A MINOR TY- YES/NOT A MINORITY OWNED BUSINESS OWNED BUS NESS OWNED BUS NESS ~ONFI~MAT[ON OF'DRUG FREE .... ~ ..... ~ORKPLACE SUBMITTED YES YES ' pL ~At:~'I Y P~OGRAM COM lANCE ............... ~ ~ ;, ' .... ENCLOSED . YES YES.. YES T~'I~CR" S'AF'E'F ~'ACT AFFIDAVIT ENCLOSED YES YES YES COMMENTS .. ......... .,,, ...... ;' ': :, SCHEDULE OF Note: Copies of bid proposals were . .. .... ..... .,~ . , ,SUBCONTRACTORS SUBMITTED distributed to Paul Fleming, Engineering; and Jim Penkosky, Metcalf & Eddy, Inc. Page 2 of 2 Requested City Coramission _Meeting Dates . . [] November 20, 200I [] December 4, 2001 December I8, 2001 [] January2. 2002 VI.-CONSENT AGENDA ITEH B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM . Date Final Form Must be Turned in to City Clerk's Offig~ November 7. 2001 (5:00 p.m.) November21,2001 (5:00 p.m.) December 5, 2001 (5:00 p.m.) December 19, 20¢t Requested City Commission Meefin~ Dates [] Januar~ 15.2002 [] Febraary 5. 2002 [] February 19,2002 [] March 5. 2002 Date Final Form Must be Turae~. in to City Clerk's Offiq~ January 3, 2002 (5:00 p.m3 January 16, 2002 (5:00 p.m. February 6, 2002 (5:00 p.m.) February 20, 2~9¢2 ~5:1~ p.rr~) NATURE OF AGENDA ITEM [] Administrative [] Developmeaxt Plans ~ Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award a piggyback contract based upon the Palm Beach County Annual Pathway contract in the amount of $28,224.90 to Charles S. Whiteside, Inc. for the Hester Site Traffic Modification project at Ezell Hester Park. EXPLANATION: Based upon a determination by the County to place signalization at NW 17th Avenue and Seacrest Blvd the City agreed to make certain modifications at the Hester Park including the reconfignration of the south driveway of Hester Center to NW 17th Avenue and modification of the NW 17th Avenue median to permit egress via NW 17th Avenue. In addition the Seacrest entry would be converted to a one-way ingress. Given the fast track and kigh visibility of this project and the need to maintain compatibility with the County's timeline on the installation of the traffic signal the design of this project was undertaken bythe Dept of Engineering and a plan was developed to piggyback the County's Annual Pathway competitive contract thereby eliminating the lengthy bidding period. This contract is with Charles S. Whiteside, Inc. who has agreed to comply with the construction schedule to insure completion by the end of February 2002. PROGRAM IMPACT: The primary purpose of this project is to gain a much needed traffic signal at NW 17th and Seacrest while optimizing traffic flow through the Hester Park Center and to insure compatibiliW and compliance with all governing traffic codes. This project will install necessary tie-ins to the existing parking lot, an exit lane from the park, asphalt paving with "D" type curb, subgrade base course and an asphalt walkway and will include bulknose modifications to the traffic separator on NW 17th Avenue as well as a handicapped ramp and concrete curbing. The selected Contractor has an excellent reputation and has performed numerous similar projects for the County, School District and a variety of other local Palm Beach County clients. The Dept of Engineering, Construction Services Division, will manage the construction to insure compliance with plans and specifications and adherence to the required timeline. S AB ULLE TIN~O RMS~AGENDA ITEM REQUEST FORM.DOC CITY 'OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: This project 1/as'been'budgeted at $45,000 and assigned a Project No. Of CPO242 with an account no. of 302-4209-580-64:02. The actual cost ~egotiated with Charles S.,Wt'dteside, Inc. is $28,224.90 and is based upon the c0mpetitively!~id umt p.n:ces se[.f_~.~.~.~ m the .County.~n.~a, ct ra!e. , schedule. A contingency of 10% or $2823 is,also allocaied to co~er ~ffdieseen site conclmons~mr a form project estimate of $31,047.90. ALTERNATIVES:The?project as described mm be accomplished in_ order .for the C .o~..ty signalization at 17th and Seam'est to be installed. The project c~uld hgygib,een msucd as a C~ty compe~nve bid;however, the timeline establ/shed for comPletion could, not be h~ve~een achievec~ green the additional time req0ired:to p~ocess a formal bid. ' ~ Department Name ~ ~ ~' ~4ty Managcr'~ Signature City Attorney Finance / Human Resources S:kBULLETIN~ORMS AGENDA ITEM REQUES'[ FORM.DOC DEP3A/TMENT OF ENGINEERING MEMORANDUM NO. 01-243 TO: THROUGH: FROM: SUBJECT: cc; Bill Atkins, Assistant Director Finance/Procurement Agent Date: Jeff Liverg~od, Director of Public Wo~t4~ Paul Fleming, Senior Project Manage~tf~J Phone: Recommendation for Award-Hester Site Traffic Modification Project December 5, 2001 (5611 742-6487 File, Kurt Bressner, Wally Majors, John WildneL Wil[md Hawkins, John Yurch You are requested to place the attached Agenda Item Request Form for the subject project unto (he next Commission agenda in accordance with the following: Project Name: Hester Site Traffic Modifications Description of Services Required: Reconfiguratiun of south driveway of Hester Center m 17~ Avenue and modification of 17~h Avenue median to permit ingress/egress via 17~ Avenue. Convert Seacrest entry to right/n / right out. Schedule: Completion by February 2002 Contractor: Charles S. Whiteside, Inc 250 72nd Drive North West Palm Beach, Fl. 33413 Phone: 561-471-7696 Award Amount: 528,224.90 (in addition a contingency of 10% or $2823.00 should be allocated to this project for unforeseen site conditions.) Method of Contracting: Charles S. Whiteside, Inc. has the Annual Pathway and Minor Consu'uction Contract w/th the Palm Beach County under Bid # 2001052 with period of vahdity through September 30, 2002. In accordance with General ConditionNo. 18 of this document all "pohtical entities of Palm Beach County" may access this contract as a piggyback using the same conditions, price schedules as stipulated in the bid. Applicable Drawings and Specs: Engineering drawings, specifications and related quantities have been prepared by the Dept. of Engineering and are available from CSD. Client Office Concurrence: The pncing and method of implementation have been fully discussed with the City Manager, Director Public Works and the Parks and Recreation Deparmaent. Account: This project has been assigned CIP No. CPO242 and the Account No. is 3024209-580-6315. If you have any questions please contact Clem Bucher, Contract Administrator, ext. 6491. Attachment Memo - Recommendation for Contract Award - 112701.ooc f~OJECT UAME: A#NUAL PAlIM'AY ^110 MINOR CONf1RUCTIOH CONTRJf~i~-~r PROJECT #UMBER: BiD OPENING EM, TIE: JAI(4M~Y ¸-% WYNN & 8Ofl8, INC. &VERAOE ~ UNIT PRICE Mae ~.~ ~,oo ~P,~OO 18.25 II~;~ t~.~o ll~.~ 4',4 iTEM o~ UNITS CItARLE~ $. WI41TE$1DE~ iNC ~2.~0 14.200.00 1.7.oo {~1 ,oao.eo $1,aeo.oo I~o,oo IrlEId tMIAI4IITY lU#II',S O70~MIi]AAII. EHO AIICHOR~ ASS~VILy ~ypE II I2 EA 4t solxx)lo (vd M~TCH EX~SISIO) (1~ #OT~ 40.GOO i~ KElY~Q ~10 MULCHIf4O 6,~Cr SI ~ ~ff*I~MI(Lt~R IV, Bird4 #X~&IPLETE1 1,~00 LF SI 8~O-8dM~SZR ¢12'KE) (FUA#Ig~ AWO iNSTAlLEd) N LF SI TOP ~O#. (e*'lllJC~O SM TOTAL BAIIE ~ (X~IIOF~IE TII~FFC SEPARAIOII 'r~PE v TOTAl. S~,oo0.o0 $1o.eo0.~ AVERAGE 'UNIT PRICJE ' 2 BIDI)ER9, $1o37S~ $1.3~.~ ~o,~ CHARLES S. WHITE'rDI~. INC (IUANTII~ aJNIT$ UNIT PRiGE 'TOIAL '" It~.~J~CTffAMK: A~NI.IAL~PAI'NWAYAIiOML~RC(N(STRirC~IONCOidTP. ACT TOT~ ~I~E~ ITEMB; ......... VI.-CONSENT AGENDA I'TEM B.4 RESOLUTION NO. R 0l- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID CNO. 001-2413-02/KR) TO '" MEGAN SOUTH, INC., OF DVI]~, FLORIDA, IN THE AMOUNT OF $926,652 FOR THE SEACREST ESTATES WATER MAIN REPLACEMENT AND SWALE IMPROVEMENTS; AUTHORIZING THE MAYOR TO EXECUTE SAI:D CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WI:IEREAS, Bids for the above referenced project were received on November 5, 2001, and it was determined that Megan South, Inc., was the most responsive bidder who met and exceeded all specifications; NOW, TIIEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACII, FLORIDA, TItAT: Section 1. The City Commission of the City of Boymon Beach, Florida, ~ereby approves the award of a bid to Megan South, Inc., in the mount of $926,652 for the Seacrest Estates Water Main Replacement and Swale Improvements, and authorizes the Mayor to execute a Contract between the parties, a copy of which is attached hereto as Exhibit "A" Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS day of December, 2001. CITY OF BOYNTON BEACH, FLORIDA - ~' Mayor Vice Mayor Commissioner CommissiOner Commissioner ~TI1EST: City Clerk s:Reso~Bid AwardkSeacrest Estates 121101 Re~ City C°mxmss~°n [] No~ember 20~ 200! VI.-CONSENT AGENDA ITEM B.4. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM 19,200I 1~quest~ C~y Comnmm~ Meetina Dates [] January 15, 2002 [] Febramy 5, 2002 [] F~mary 19. 2002 Date Final Form Most be Ttwaed in to City Cl~lCs Office Jaauagt 3, 2002 (5:00 p.m.) lanumD, 16, 2002 (5:00 p.m_) February 6, 2002 (5:00 p.m.) F~ma~y 20, 2002 (5:00 pan.) NATURE OF AGENDA ITEM [] Administrative [] Development Hans [] Consent Agenda [] New Business [] Bids [] Unfini~hedBusiness [] Announcement [] Presentation [] City Manager's Report ~ -c~?~,S&MENDATION: Motion to award a contract in the mount of $926,652 to Megan South, :: Davie, Florida as the low bidder under Bid No. 001-2413-02/KR for the Seacrest Estates Water Main Replacement and Swale Improvements. EXPLANATION: This project was designed by CH2M Hill as the Utility Consultant for the replacement of small diameter water mains located behind residential properties in a utility easement The existing water mains in the Seacrest Estates area are mostly aging, galvanized or unlined, iron pipes which have caused ongoing complaints of low pressure, poor water quality, loss of disinfections, fire flow. In addition maintaining the water mains in the utility easement has been problematic since access to meters and mains is through the rear of residences. This project will also include necessary stonnwater improvements in the areas of water main work so as to minimize disruption of the neighborhoods. Nine very competitive bids were received on November 15,2001 with the low bid from Megan South, Inc. PROGRAM IMPACT: This project will install ala~-oximately I0,000 linear feet of new, 6-inch diameter water main including service connections with meter boxes to the property line; hydrants and valves; surface restoration, testing and connection to the existing system; and abandonment of old mains. The project will also include the replacement of approximately 2000 linear feet of 8-inch diameter water mains on Seaerest Blvd. Swale improvements within the project area will be completed concurrent with the water mmn installation to include re-grading, driveway reconstruction, and all surface restoration. The proposed contractor, Megan South, Inc. has successfully performed similar projects for a variety of clients including the Town of Davie, Fort Lauderdale, and City of Lauderhill. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST :FORM FISCAL IMPACT': All nine bids received were fully responsive and ranged from a low of $895,116 to a high of $1,360~595 compared to the Engineer's Estima~te of $1,079,778 The bid package as issued included an added alternate for directi6nal driI1 installatidn under Seal'est Blvd for comparison to the standard method of open cut installation; Lnelusion of this alte~.a[e woul~ add an incremental $.31 i41, to the iow bid for a total bid o3 $:926,6~} B~i)th't~eConsultant and ConstruCtion Servi'c~; Division recommeiad acceptane'e~of this. altem h'~il~l:grea/t;Y~dii~e:'~ f'mt~di~mption along S~acrest Blvd during construction. Pr~jec~ Funding: Appr~griated Bid Award U~tiliny General ~und 403-5000-590-96-0 I $ ~,300,000 $649,602 199'6 Bond Constructfon i07-5000-590-96-07 ~30,000 277,050 Total $! ,'8~3D, 000 S~, 652 The total bid amount includes a contingency allowance of $100~000 a~ a bid it~n. which will be used only if required to adjust for unforeseen conditions, Such adj~stm~rf't will be by change order in accordance with applicable bid schedule unit prices, ALTERNATIVES: Based upon the eXcellent bid results/pricing and the qualified contractor the recommendation is to proceed With contract ~award since the other options of not performing the work, performing as a design/build or performing water mains and stormwater improvements as separate projects have already been considered. Proceeding with the project, as set forth would maximize benefits to the residents, reduce costs, and reduce overall disruption to the neighborhood. Signature : ~City Manager s Signature City Attorney/:Finance / Human Resources S:~BULLETiN~ORMS~AGENDA ITEM REQUEST FORM.DOC BID TITLE: BID NUMBER: SEACREST ESTATES WATER MAIN REPLACEMENT AND SWALE IMPROVEMENTS 001-2413-02/KR ·CITY OF BOYNTON BEACH FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this day of , 20 by and between the i~ 'OF B~O,y_N~'~?N~ BEACH; a municipal corporation of Florida, hereinaRer called the "CITY" or 'OWNER and MI~AN ~OITTJ-I: INC.:__ a Florida Corporation (_X _) a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole ?roprietor ( ) hcrematter called CONTRACTOR . XVITNESSETH \ 'thc City has heretofore invited bids for a City construction project ("Project") identified by tl~c bid title, bid number and project number listed above and commonly referred to as: SEACREST ESTATES WATER MAIN REPLACEMENT AND SWALE IMPROVEMENTS ( 'omractor. m compliance with the bidding requirements announced by the City, submitted · ~ il~d on the 1 ~th day of NOVEMBER: 2001, for the total bid amount of the 1 gth day of I~I*,CI~,MllER: 2001, the City Commission designated contractor as mg submitted the bid that was most advantageous to the City and authorized the cxccuuon of this Agreement. D l'hc t~ames agree that the Project is scheduled to be completed within 180 calendar days of thc ~ssuance of the Notice to Proceed, subject to CITY approved time extensions. There are penalties to the CONTRACTOR for the failure to meet such deadlines. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1. AGREEMENT 1.1. The Parties agree that: C-1 1.1.1. The foregoing recitations contained in Paragraphs .A:C are true and correct and incorporated herein by this reference, 1.1.2. The CITY does hire the CONTRACTOR to provide 1.1.3. Thel s agree to furnish etc., and to set, forth in the this and~amounts set forth I. 1.4. Contractor is ~ in~e~n~ contractor as that term is set forth in the General Conditions for C6~tmCfion (GC-2) 1.1.5. Unless otherwise provided, all time frames referenced in all Contract Documems shall be calendar days. 2. SCOPE OF SERVICES 2.1 The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The Contract Documents are the compilation of the following individual documents: 2.2.1. Advertisement for Bids 2.2.2, Instructions forBidders 2.2.3. Bid'Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) - all references to "CC" shall be to section numbers 2.2.6. Construction Contract 2.2.7. Certificate of Insurance 2.2.8. Public Construction Bond 2.2.9. Letters of Credit 2.2.10. Technical Specifications 2.2.1 I. Contract Drawings and Plans 2.2.12. Addenda 2.2.13. Written directives or interpretations 2.2.14. Manufacturers warranties C-2 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.:1.1. Furnish ail materiais, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary m complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials funtishe& shall be in strict .c~formity with the Contract Documents. CONTRACTOR further accepts and consents to the 3.1.3. Furnish all tools, ,equipment, materials.and sup, p!les and to do all the work~ above mentioned in a first-class, substanlial and~ ~/01'kmmali~ce~ manner, aha in conformity ~ detail for said work on file in the office of the 3.1.4. Guarantee all work and · Upon receipt defective or faulB y?ar after completion of the cONTRACTOR shall of receipt of the written 255.05, Flo~da Statutes, if settlement, any mad all claims suppliers, incurred. al to.be within one (1) payment. ten (liO) days of Section final · material )f liens [orms lien forms 3.1.6. Remove and clean up ail rubbish; :debris¢ ex,.ess material, temporary 3.1.7. property that completed and ready for r condition. [ in or ponion is presentable codes c-3 3.1.8. Obtain written approval fi.om the CITY of all subcontractors not disclosed in the Conl~actor's bid document. 3.1.9. Perform snch other tasks as set forth in the Contract ~Docnments. 3.~A0::Shall .certificates and any other i10) days of the 4. CIT¥?S 4.1., thereof, and will be from any ~f their ~t later.than ten (10) days from the with the procedures and time :Project, provide a written final acceptance and 5. C()MME3 CO~N~:RAC~OR~ Kei'%by agrees to commence work under this contract on or ......,~',~z.~i · ~:, ~ ~', ! · · , · ,, before a aat¢~to §esl~ecT45ed m the wntten 'Notme to Proceed of the CITY and to fully compt~te ~]e~t {Vithin 180 calendar days following the commencement date as,s~ec~iedii~ S~am,~. In the event the CONTRACTOR shall fail to following Notice to Proceed or fail in the performance performed within the time limit set forth extension or extensions of time made the CONTKACTOR shall be liable ~ and not as penalty, the amount stipulated in . calendar day that the CONTRACTOR C-4 CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes, in subcontractors from those proposed in COi~TP~CTOR's bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY. may, within a reasoueble time, object to as incompetent or as unfit. 6.t. ~Tho.,.Vo~CTOR ~fia'ther agrees to pay ~ per,,?y as liquidated -dm~es for' ~iure tO' be~in Within ten (10) day~ 'of CITY s issuance of the "Notice to Proceed or failure to complete the work within 180 calendar days fromt;~e commencement da~e' us indicated ~n the ~tten. ~o~ce to Procee . ,.T~.~}~;s!~,atl h~e the r~gh~to deduct said l!quidated dam.~S~om an.y a~. ,o,un~ due, or.that may become due the CONTRACTOR, or:to collect such hquma~ea damages ~from the CONTRACTOR or his Surety. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. l~he ~CONTRA/~C~Ol~ warrants that quoted prices include the protection and continuou~use of all existing wor~k in process, property 0r operations of the CITY as more particularly set forth in,the.General Conditions lot Construction (GC-44, GC-45. and GC-46). 1N 1) E 31NIFICATION . t. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents~ setwants,-,and employees from and against any claim, demand, or cause of actior~ 0fMzhatsoever kind or nature arising out of error, omismon or negligen~ act of CO~CTOR, its agents, servants, or employees in the performance of services under this Agreemem. S.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agems, servants and employees from. against any kind and all causes, claims, demands, actions, ,losseS, liabilities, settlements, judgments, d~_,a~_ ges, costs, expenses, and fees (inc!U~ .din. g~without limitation reasonable attorney s and paralegal expenses at both the ~at and appellate levels) of whatsoever kind or nature for damages to person~ o~.pmperty mused in!whole or in part by any act, omission, or default of the ~G'I.~ its, agents, servants or employees arising from tiffs contract or its performange. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by th, CITY ~o the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obI[gati0~ioi~indemnification provided for in this paragraph. c-5 The indemn/fication required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. Itis the CITY'S and TOR'S ~1 :illt.enfiofi that~§~ ~r0vision ~hali 'be ;~forceable and said ~pm~f.mi0r~ ~h~}l bei~ ~ofi~e ~itli s~c/i-oh 725.0~; Florid~Statute ~The ~.;. eXeeutio~ ~. Of this CONTRACTOI; as the insurance Construction. b~ obligate as well Conditions for no~ 9. I. The CITY agrees to pay ~e CONTRACTOR,In current funds for the performance of:the~:d01/.ff.a~t~~ subject t$ additiOns :alia- deductions,SS provided in the Contract I o. CIi.\NGES IN Tn~, WORK The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall,be executed .under the conditions of the ,o~i.glnat Cqntract. Any claim for extension of time caused thereby shall be made ii~' Writing at the time s~ch change is ordered: :Changes in the woric must be procesg~d as set forth in the General Conditions for COnstruction (GC-57). It,.2 All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for eXtra~ will be alloocett. 1o.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement, supported by receipted bills?' Such statements shall be submitted for the current contract payment for the month in ~vhich the work was 11. PROJECT ENGINEER 11.1. The Project Eng~'neer ("Eng~'neer") is CIt2M. glill: RflO 17alrwnv_. I~rlvo: .... ~q uite 3_~0: C-6 11.2. The Project Engineer shall have general supervimon and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when m special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to Stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3. As the Project Engineer as, in the first, instance, the interpreter of the conditions of the comract and the judge of its performance, he shall side neither with CITY nor With CONTRACTOR, but shall use his authority pursuant to the Contract to enfo~cb its f~ithfui:Pefformance:by both parties. 11.4. In the~ evem of a d~ute, the rote of the Project Engineer is to make recommendations to the;ProJect Manager who shall make the final decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction (GC-28). 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. tn the event of a conflict beuveen the requirements or specifications set forth in the Contract Documents, the conflict shalI be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-18). In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weaght, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TI.ME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement m accordance with a predetermined program, all such time limits are of the essence of the Contract. c-7 15.REMEDY FOR DELAY 15.1. In:the event of any delay in the project caused bY anY adt or omission of the CONTRACTOR hereby acknowledges that he has read and understands the above provision. INTIALS 15.3. 15.4. 15,5. Failure on the part of CONTRACTOR 'to timely-process a request for an extension of time to complete', the work' shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. All requests for extension of time to complete the work shall be made in accordance with the General ConditiOns for ConsmaCti0n (GC 24) For the purpose of this section, the phrase "the CITY, its agents and employees" shall include bur shall not be timited to theProject Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Conswaction (GC-19). 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. C-8 IN WITNESS Wi~EREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed. sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA in the presence of: Attest: Mayor Approved as to Form: City Clerk City Attorney Signed, sealed and wimessed in the presence off CONTRACTOR President or Vice President Attest as to CONTRACTOR State o f Florida County of Palm Beach ) ) SS: ) On this day of ,20 , personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. My Commission Expires: Notary Public C-9 TO: THROUGH: FROM: SUBJECT: cc: DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-244 Bill%tkJns, A~si~t~nt Director Finan~¢/ProCU r'ement ~ Agent" ' Date:" No~eml~er 28, ~001 Paul Fleming, Senior Project Phone: (56~1) 742-6487 ~neCOmmend, atio.n, for ContractAwar~Seacrest Estates Water Main Replacement and Swale mprovemems (B~d This office has reviewed tho bid tabulation sheet and related data for the ~abject pmjeet and hereby recommends contract award in accordance with the following information: . Project Nme: Seacrest Estates Water Main Replacement and Swale Improvements Project R~eeommended Contractor:. Megan South, Inc Award Amount: $926,652 (Based upon the election of Alternate 2 under Schedule C) Account Number:. Utility General Reserve # 403-5000-590-96.02, WTR 054, STM009. Verification of Contractor ResponS~ill .ty: Construction Services Division and the Project Consultant have verified that the firm Megan South, Inc. has performed successful similar projects for clients including Town of Davie, Fort Lauderdale and City of LanderbilL All reference clieeks were positive. A review of work completed and financial documems would indicate that Megan South has the requisite technical and financial capacity to undertake this project. Compliance with Plans and Specifications: No exceptions were taken to the construction documents. A pre-award meeting with the Construction Services Division has verified the contractor's understanding of the project as well as his ability to meet the contract schedule. Client Ofr~e Concurrence: Bid results have been discossed with Bob Kenyon, Deputy Director Utilities who has indicated his couaarenee with the award recommendation to Megan Sontb_ Inc Note: The technical recommendation of the project consultm and CSD includes the election of alternate 2 under Schedule C for the Seacrest Blvd Water M~in Replacement, which is the directional drill installation for the amount of $97,000. This amoum replaces the amount of $66,064 base bid for Schedule C thereby increasing the total base bid by $31,541 to the recommended contract award amount of $926,652. The bid sebmittnd by Megan Smith ia still the lowest, responsive bid received even with the election of the Alternate 2. The next lowest bidder wood have been Douglas N: HJggans at $1,067,870 after factoring in the election of the same Alternate 2 under Schedule C. The additional amount of $31,541 for the use of directional drill installation under Seaesest is considered a superior teelmical solution compared to the open cut installation nmthod across this main tlmroughfare and will greatly reduce any traffic disruption. Attachment: Agenda Item Reques~ BILL ATK-I~S, D~PUTY DIRECTOR OF FINANCIAL SERVICES ~UL~~NG, SR. PROJECT MANAGER SEACREST ESTATES WATER MAIN REPLACEMENT AND SWALE IMPROVEMENTS **LOWEST, MOST RESPONSIVE, RESPONSIBLE BIDDER WHO MEETS ALL SPECIFICATIONS "Offers from the vendors listed herekt are the on y offers BI D OPENING DATE: NOVEMBER 15, 2001 rece~vad timely as of the above receiving date and time BID OPENING TIME: 2:30 P.M. ^, other offers SUbTitled In response to this solicitation. BID #: 001-2413:02/KR ~,~- ,,. ,~,, ,-~-~, o-u~lxl% _~h~ · if any, are hereby rejected as late" VENDORS ,,,,'~'~ ~I~:GAN SOUTH, INC. METRO EQUIPMENT SERVICE INC O~EAN BAY CONSTRUCTION, INC. 6521 ORANGE DRIVE ~0 ~W'72ND STREET, #'110 ~200 NW 16TH STREET DAVIE, FL 33314 ~flAMI, FL 33173 POMPANO BEACH, FL 33069 954) 316-7000 (305) 598-7741 (954) 960-0130 ATTN: GEORGE RULLO A'l-rN: JORGE GODOY ATTN: RONALD PENTA ACKNOWLEDGMENT OF ADDENDUM #1 & #2 SUBMITTED YES YES YES ORIGINAL AND TWO COPIES OF PROPOSAL SUBMITTED YES YES YES GRAND TOTAL FOR PROJECT ~t~ 8 5,116.00 $1,360,595.00 $955,786.30 SCHEDULE OF BID ITEMS SUBMITTED *YES *YES *YES COMPUTER GENERATED HORIZONTAL See Pages 2 & 5 BAR CHART SUBMITTED YES NO NO 5% BID BOND/CERTIFIED CHECK YES YES YES ENCLOSED UNITED STATES FIDELITY TRAVELERS CASUALTY & TRAVELERS CASUALTY & ~ , & GUARANTY COMPANY SURETY COMPANY OF AMER. SURETY COMPANY OF AMER. BIDDER'S QUALIFICATIONS SUBMITTED YES YES YES BIDDER'S SITE INSPECTION YES/UNSIGNED YES/UNSIGNED YES/UNSIGNED CONFIRMATION SUBMITTED BY CITY EMPLOYEE BY CITY EMPLOYEE ' BY CITY EMPLOYEE SEACREST ESTATES WATER MAIN R~p~ME~ ~N~, SWALE IMPROVEMENTS BID OPENING DATE: NOVEMBER 15, 2001 ~cel~aa ureeiy as of th~ al~°ve receiving (late a~d'time. All other of~ su~miff~d i~'respon~6 to this soll~tation, BID OPENING TIME: 2:30 P.M. ~ ~ e hereby rejected as late" BID #: 001-2413-02/KR { ~ .... RO EQi.~IPMEi~'r~I~RV CE INC. OCEAN BAY CONSTR.U_CTION, NC ~EGANSOUTH NC. '~ETIF:~'i P~;[~ ' -':'~ f .... ' ' VENDORS 6521 O~NGE DRIVE ~ - ~O~S~ Z2'N~ ~,~ET; ~ '10 ~260 NW !6TH STREET- : 9~ 316 7000 (305) 598-7741 ( - ) - ~N: GEORGE RULLO A~N; J~RGE GODOY NONCOLLUSlON AFFIDAVIT YES YES ~ES SUBMI~ED ANTI - KICKBACK AFFIDAVIT YES y~S SUBMI~ED YES CONF RMATION OF MINORI~ OWNED BUSINESS.~S. UBM~EP. ~ y~s/N°T AM NORIW - YES/MiNQ~7~WNED~USlNESS ........ ~WNED- BOSINESS .... '; ~E~R~I¢IEOTBROWARD CQUN~';~ ; OWNED BUSINESS CONFIRMATION OF DRUG FREE YES ~ES WORKP~CE SUBMI~ED YES SAFE~ PROG~M COMPLIANCE YES yEs YES ENCLOSED . : '_~ ~. ~ , YES ~ TRENCH SAFE~ ACT YES AFFIDAVIT ENCLOSED YES .................. -- [~ - ~ F ED CALCULATIONS ; ' - VER F ED CA~CU~ '. ;~'-.C~'~ =; ~ ;':' ';;~ 2 ;;.; ~ : ~ ~,~ ~ ~ES PROJECT COMMENTS.~ " _ RESUMES. LICENSES, FINANCIALS, PROJE~T ........ ~:~;X~, ~AFE~ PROG~M ' H STORY, CERT. OF NS., AND SAFE~ 'IPROJECT H STORY SUBMI ~ 3ROG~M SUBMI I I ~u ~ ...... .... ' ~UBMI~ED Page 2 of 2 SEACREST ESTATES WATER MAIN REPLACEMENT AND SWALE IMPROVEMENTS "Offers from the vendors listed herein are the only offers BID OPENING DATE: NOVEMBER 15, 2001 received timely as of the above receiving date and time. BID OPENING TIME: 2:30 P.M. AII other offers ~ubmitted in response to thls solicitation. BID #: 001-2413-02/KR if any, are hereby rejected as late" VENDORS AKA SERVICES, INC. ASPHALT CONSULTANTS, INC. CHAZ EQUIPMENT 13676 HAMLIN BLVD, 2200 N. FEDERAL HIGHWAY COMPANY, INC, WEST PALM BEACH, FL 33412 SUITE 221 3380 FAIRLANE FARMS ROAD, #16 (561) 791-7561 BOCA RATON, FL 33431 WELLINGTON, FL 33414 ATTN: JOSEPHINE BASILE (561) 368-5797 (561) 333-2109 ACKNOWLEDGMENT OF ATTN: CHRIS BACZEWSKI ATTN: GARY CzAJKOWSKI ADDENDUM #I & #2 SUBMITTED YES YES YES ORIGINAL AND TWO COPIES OF PROPOSAL SUBMITTED YES YES YES GRAND TOTAL FOR PROJECT $1,090,210.00 $1,030,518.50 $1,062,620.00 SCHEDULE OF BID ITEMS SUBMITTED *YES *YES *YES COMPUTER GENERATED HORIZONTAL BAR CHART SUBMITTED YES YES NO 5% BID BOND/CERTIFIED CHECK YES YEs ' ' YES ENCLOSED ; ATLANTIC MUTUAL XL SPECIALTY GREAT AMERICAN INSURANCE COMPANY INSURANCE COMPANY INSURANCE COMPANY BIDDER'S QUALIFICATIONS SUBMITTED YES YES YES BIDDER'S SITE INSPECTION YES/UNSIGNED YES/UNSIGNED YES/UNSIGNED CONFIRMATION SUBMITTED BY CITY EMPLOYEE BY CITY EMPLOYEE · BY CITY EMPLOYEE P n . j -a~e ? sEACREST ESTATES WATER' MAI N REPLACEMENT AND SWALE IMPROVEMENTS ;Offers from the vendom listed herein are the only offers BID OPENING DATE: NOVEMBER 15, 2001 BID OPENING TIME: 2:30 P,M. r6ceived timely a~'of the ~'§ove'~ec~'~ no date an~l time. All other offers ~ubmified ih re~sl~oh~e to th s sol ~tation, D#: 001-2413-02/KR if any. are hereby rejected as late" ~KA sERVIcES, INC. ASPHALT. C~)NS~UI:TAN~S,'INC ~;~"~Z EQUII~MENT VENDORS 13676 HAMLIN BLVD. 2200 N F~EDERAI~ HIGHWAY ~c~MpAF~','INC; -' ' ' WEST PALM BEACH, FL 33412 SUITE 221 ' i:~,BO FAIRLAN~ FA~IS 'R~3AD, #t6 (561 ) 791-7561 BOCA RATON, FL33431 ~.'ELLING'[ON, FL 334;14 ATTN: JOSEPHINE BASILE (561) 368-5797 (56;I) ,333-2109 ATTN; CHH S BACZEWSKI AT'[N: GARY CZAJKOWSKI NONCOLLUSION AFFIDAVIT YES SUBMITTED YES YES ~,NTI - KICKBACK AFFIDAVIT YES YES ;UBMITTED YES CONFIRMATION OF MINORITY OWNED BUS NESS SUBMITTED YES/NOT A MINORITY YES/NOT A MINORITY yEsiNOT A ~INORITY OWNED BUSINESS OWNED BUSINESS OWNEDBUSINESS CONFIRMATION OF DRUG FREE ........ YES WORKPLACE SUBMITTED YES YES SAFETY PROGRAM COMPLIANCE '- · · YES" YES ENCLOSED TRENCH SAFETY ACT. AFFIDAVIT ENCLOSED , YES YES ' *vERiFiED CALCULATIONS ~TERiFiED~CA~O~ATle~i'S .... ; ~ER FlED,CALCULATIONS COMMENTS PROJECT HISTORY SUBMITTED HE~ALTH & SAFETY MANUAl-, SAFETY PROGRAM, LICENSES, ~_I~i~,I~S, RESUMES, ~D RESUMES, AND PROJECT Page 2 of 2 SEACREST ESTATES WATER MAI N REPLACEMENT AND SWALE IMPROVEMENTS "Offers from the vendom listed heroin are the only offers BID OPENING DATE: NOVEMBER 15, 2001 received timely as of the above receiving date and time. BID OPENING TIME: 2:30 P.M, AIIotherofferssubmltledinresponsetothissolicilatlon, BID #: 001-2413-02/KR if any, am hereby rejected as late" VENDORS DOUGLAS H. H GGINS, INC. !~OSTER MARINE' · GJANNETTi CONTRACTING 3390 TRAVIS POINT ROAD CONTRACTORS, INC. OF FLORIDA, INC. SUITE A ~7313 WESTPORT PLACE ~371 NW 19TH AvENuE ANN ARBOR, M CHIGAN 48108 WEST PALM BEACH, FL 33413 POMPANO BEACH, FL 33064 (734) 996-9500 (561) 683-0034 (954) 978-0211 ATTN: JAMES SWEET ATTN: LARRY BRENNEN ATTN: RICKY L. GIANNETTI ACKNOWLEDGMENT OF ADDENDUM #1 & #2 SUBMITTED YES YES YES ORIGINAL AND TWO COPIES OF PROPOSAL SUBMITTED YES YES YES GRAND TOTAL FOR PROJECT $914,910.00 $1,165,730.00 $965,325.00 SCHEDULE OF BID ITEMS SUBMITTED *YES *YES *YES COMPUTER GENERATED HORIZONTAL See Page 4 BAR CHART SUBMITTED YES NO ' YES 5% BID BOND/CERTIFIED CHECK YES YES" YES ENCLOSED ~ HARTFORD ACC DENT & FIDELITY AND DEPOS T HARTFORD ACCIDENT INDEMNITY COMPANY COMPANY OF MARYLAND & INDEMNITY coMpANY SUBMITTED YES YES YES BIDDER'S SITE INSPECTION YES/UNSIGNED CONFIRMATION SUBMITTED BY CITY EMPLOYEE INCOMPLETE YES/UNSIGNED '" BY CITY EMPLOYEE Page 1 SEACREST ESTATES WATER MAIN REPLACEMENT AND SWALE IMPROVEMENTS BID OPENING DATE: NOVEMBER 15, 2001 ~rebeived bmely~:.o~t~e~b~)~e~receJvingdate_~nd time. ~ ' BID OPENING TIME: 2:30 P.M. ;~All.'~th'e;'~fferssub-mlttedlnrespo~lse~{his~s~)l'i~tS~iO", BID #: 001-2413-02/KR ifany, are hemby rejected as late" ~iAN~E ~TT~ p~RACTIN 3390 ~V S POINT ROAD ~ ~Nf~iN~; SUITE A 7313 W~ST~ET PLACE A~N ARBOR, MICHIGAN 48108 ~ WES~PA~M BEA~HvFb334~3 ..... ~O~PAN© BEACh; FL 33064 (734) 996-9500 (561) 683-0034 (954) 978-0211 ~N: JAMES SWEET A~N: ~RRY BRENNEN ~ ~N: RICKY L G~ANNE~I NONCOLLUSION AFFIDAVIT YES SUBMI~ED YES YES CONFIRMATION OF MINORI~ OWNED ........ iN~E~E BUSINESS SUBMI~ED YES/NOT A MINORI~ YES/NOT A MINORI~ OWNED BUSINESS O~NE~ BUSINESS CONFIRMATION OF DRUG FREE WORKPLACE SUBMI~ED YES YES YES SAFE~ PROG~M COMPLIANCE YES . ,~: ' ,, YES YES ENCLOSED , ~ .... TRENCH SAFE~ ACT AFFIDAVIT ENCLOSED YES YES ' *VERIFIED cA~CULAT~O'NS '~ ~¥.ERi~i6D~CAE~ULA~IgNS- ..... ; ~RIFIE~ CALCULATIONS COMMENTS ' LICENSES, SAFETY PROGRAM, L~CENSES, PROJECT H~STORY RESUMES, AND PROJECT SUbmITTED HISTORY SUBMITTED Page 2 of 2 Requested City Comtmssmn Meetkr g Dates . .. _ [] November 20. 200l [] December 4, 2001 [] December 18,2001 J~auary 2, 2002 VI.-CONSENT AGENDA ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November~. 2001 (5:00p.m.) Nowmber 21. 2001 (5:00 p.nz) December 5. 200I (5:00 p.ra-) December 19.200i (5:00 p.nz) Requested City Comm~ssmn MeetJn~ Dates [] January 15. 2002 [] February 5, 2002 [] February t9, 2002 [] MarcI~ 5. 2002 Date Final Form Must be Turned in to City Clerk's Office lanuary 3, 2002 (5:00 p.m.) January I6. 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adminisirative [] Development Plans [] Consent Agartda [] New Business [] Public Heating [-- Legal [] Bids [] UmSnished Business ['~ Announcement -'] Presentation [] City Manager's Report RECOMYIENDATION: To release cash bond of $66.176.00 to The Collage Compathes. EXPLANATION: On November 16, 2001, the Building Division sent to the Finance Department a cash bond of $66,176.00 for the completion of the permi~ed work at the Gale hadustr/es warehouse (4885 Parkridge Boulevardl. The work has been completed and the final Certificate of Occupancy has been ismed. PROGRA3/I IIVIPACT: None FISCAL IMPACT: None ALTERNATIVES:~? De~rtment l~ea~s~Sign~tu~e Developmem Deparmlent Deparunent Name ' C~{v'IX;lanager's Si~narare City Attorney / Finance Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE _CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FUU, R .EASE OF CASH BOND TO THE COLLAGE C S, IN THE AMOUNT, OF $66,176.00 FOR THE · PR0~T,~KN0~ AS"~Q~-L~-:~¢STRIES; 'AND PROVIDING FOR AN EFFEC~iVE iJA'i~l}i WHEREAS, The Col,l~ge Companies, the developer for the project known as Gale Industries Warehouse, previously i5ostbd a C~bond in th~ mount of $66,176.00 for the completion of the permitted work; and WHEREAS, the Building Departmenrof the City of Boynton Beach is satisfied with the completion of the work and the final Certificate of Occupancy has been issued. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TFIE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the recommendation of Staff, hereby approves the release of the cash bond in the amount of $66,176.00 to The Collage Companies. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of December, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk __ s:ca~eso~Letter of Cr~diff Cash Bond Release- The Collage Compames THE COLLAGE COMPANIES 954.489.2343 954.489.2353 December 3, 2001 (Revised) Mr. Don Johnson Chief Building Inspector City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FI 33425-0310 Re: Gale Industries- Permit No. 005599 Subject: Request Return of Cash Surety Dear Mr. Johnson: By this letter The Collage Companies would like to inform you that the construction work performed under Permit No. 005599 is now complete and will be requesting a final inspections today to issue a Certificate of Occupancy. It is for that reason that we respectfully request the return of the $66,176 cash surety posted by The Collage Companies to obtain a temporary Certificate of Occupancy for Gale Industries at Quantum Park. Please call me should you have any questions or need additional information. Sincerely, ~/~"~'~THi COI. LAGE COMPANIES sC ra/~?l?e i~ ire sdi~eQn ~ e'~,~ed o, AIA Copy: Brian Walsh (Collage), Greg Burleson, Craig Brace (Gale) DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 01-246 TO: FROM: DATE: Diane Reese, Finance Director Don Johnson, Bmld~ng Officm ',~) November 16, 2001 SUBJECT: CASH BOND - GALE LNDUSTRIES Attached is a check for 566,176.00 from The Colla, e Compames~, This is a cash surety for the Gale Industries warehouse and is to be held until all outstanding issues of their temporary Certificate of Completion are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit: and the iSsuanc~ 6f th~;fmal Certificate of Completion, the surety will be returned. DJ:rs Attachments/check/letter from Scott L. Nelson XC: Timothy K. Large, Building Code Administrator Permit File a 00-5599 Scott L. Nelson, Vice President of Finance/The Collage Companies S:LDevelopmentkBuildiug DivLDocumentskMemos in Word\Cash Bond - Gale Industries Warehouse 00-5599.doc SIXTY SIX -HOUSANB ONE hUNDR~_D :;~VEN-I-Y SiX AND 00/]00.* ..................... DRAWER: FIRST UNION NATIONAL BANK ,'~.OOL.:~.,' ':~,O;=OOO~?~: ~=SOOORSDR~P=L,i,~,"' VT.-CONSENT AGENDA TTEF,! C.2 Requested City Commissmn Meeting Dates . .. [] November 20. 2001 [] Deceraber 4. 2001 [] Deceraber I8. 2001 [] January 2. 2002 Date Final Form Must be Turned 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 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.) FebrumT 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: Recommend approval of resolution releasing the Letter of Credit balance of $1,500.00 to Home Development of Hunters Run for Isles of Hunters Run Temporary Trailer. EXPLANATION: Please reference the attached Engineering Memorandum, No. 01-238, recommending full and final release of the escrow funds. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES~ Department of Development Deparlmant Name Ctty Manager s S~gaature City Attorney / Finance / Human Resources SSBULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION, OF THE CITY COMMISSION OF THE _CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH SURETY TO HOME DEVELOPMENT OF HUNTERS, RUN, IN THE AMOUNT - ..' 0F"gi~50010O :FOR:THE P~6~T :~0WN 'AS iSLES' OF; PROVIDING- FORAN FfFEcTIVE DATE. - WHEREAS, Home Devetopfflent of Hunters Run, the developer for the project known as Isles of Hunters RJun Temporary Trailer, previously posted a cash surety in the 500 00 for the ~on~letiog, of the penrdtted work; and the Developmen~ Departmem of the City of Boynton Beach is satisfied ~has been issued. ~ BY THE CITY COMMISSION OF THAT.: Section 1'. The City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, hereby approves the release of the cash bond in the amount of $1,500 to Home Development Temporary Trailer. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED ttfis day of December, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner kTTEST: City Clerk :ca~ResokLetter of Credit/Cash Bond Relea~- Home Development of Hunters Run' TO: FROM: DATE: RE: DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-238 Quintus Greene D/rector.of Development Laurinda Logan, P.E. i~ Civil Engineer , Engineering Depamne~x November 21,2001 Request for Release of Cash Surety ISLES OF HUNTERS RUN (Temporary Trailer) Cash Surety Home Development of Hunters Run The Developer, Home Development of Hunters Run, has submitted a request for final release of surety fimds for the above referenced project. This Department recommends release of the final $1,500.00 (Fifteen Hundred Dollars) surety for this project. If you have any questions regarding this matter, please contact myself at x6482, or Dave Kelley, P.E.; Utility Engineer, x6488. LL Xc: Dave Kelley, P.E., Utility Engineer, Engineering Departmem Frantz LaFomant, Engineering Inspector, Engineering Deparlment File C:Wiy Documents~Isl~ of Hunters Run, Release of Cash Res~orauon Surety.doc HOME DEVELOPMENT OF HUNTERS RUN 15340 IOG ROAD, SUiTE 100 DBLRAY BEACH, FLORIDA 33446 November 20, 2001 Lannda Logan Civil Engineer City of Boynton Beach ~00 East Beach BouleVard est ~ir~g~B~ ~Y~a~n3:' Floor B0ynton B~ach~ Florida 33425 Re: Isles o£Huntcr$ Rrm Temporary Trailer Cash Restoration Bond Dear Larinda: This letter is to serve as a request for the cash bond release for the Isles of Hunters Run. All work in connection to the above referenced location has be~n completed. Please contact me if you have any questions at (561) 638-3600; extension 222. Sincerely, HOME DEVELOPMENT OF HUNTERS RUN, LTD. Steph*~. Pacocha Vice Presidanv'Controller SFP:yw DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 962464 November 12, 1996 TO: FROM: Diane Reese Finance Director ~r of Development ISLES OF ttUNTERS RUN TEMPORARY TRAILER - CAS}I RESTORATION BOND Attached please find a cashier's check from Home Development of Hunters Run, LTD for $1,500 representing a cash restoration surety for the above referenced project. Please deposit in the appropriate account. bg Attachmenffcheck XC: Permit file - 96-4238 C:\WPWIN60\WPDOCS~BOND.WPD ~.'1- t~-t996/09,127 2 RCPT.~:02.-895S6 Requested City Commission Meetine Dates [] November20. 2001 [] December4, 2001 [] December 18, 2001 [] Jmauary 2. 2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR Date Final Form Must be Turned into CiB Clerk'sOffice November 7. 2001 {5:00 p.m.) November 21. 2001 ~5:00 p.m.) December 5. 2001 (5:00 p.m.) ~¢rr 19, 2001 (5:00 p-m0 -Requested City Commission Meeting Dates [] January 15. 2002 [] February 5, 2002 [] February 19. 2002 [] March 5, 2002 VI.-CONSENT AGENDA ITEM C.3 Date Final Form Must be Turned in to CiW Clerk's Office January 3, 2002 15:00 p.m.) January 16, 2002 15:00 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 [] City Manager's Report: RECOMMENDATION: Motion to approve full release of Letter of Credit no. 12266 M&T Bank in the am_~.nt otr ~ $53,363.20 for the water and sewer systems serving the project known as Guardian Storage of Boynton Bear~i, In~ EXPLANATION: The project is fully completed, and the water and sewer systems have performed satisfa~ilyC~,>' throughout the warranty permd. All required easements have been provided, and the systems have been transferredx: to the City for ownership, operation and maintenance. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None Department Head's Signature Manager s Stgnamre UTILITIES Department Name City Attorney / Finance / Human Resources XC: Peter Mazzella fw/attachment) Finance Dept. City Attorney File S 5B ULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC Trade Services One Fountain Plaz~ Buffalo. NY 14203-1495 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 12266 ISSUING BANK:: . MANUFACTURERs AND TRADEKS TRUST COMPANY s wc s - ONE FOUI~~ PLAZA BU~ALO~NE'~g~YOI~ 1420~-149~ ~tter of ISSUE DA'rl~:" J-UNE4, 1998 APPLICANT: STOP. AGE OF BOYNTON BF_,ACH INC. _ F~XP~TION DATEAT M&T BANI<:: ' ~ 3, i-999 ~ny extended MAXEMTLIM STA~ ~0~: USD53,363.20 F~ ~-~. ~OUS~ ~i ~ ~ ~R~ ~ 20/I~USD ~e Cr~t sh~ ava~ble ~. CLAUSE "D~ ~EK ~T B~ LE'I-t~ OF C~ ~ ~66." 3. A CER~A~ ON B~IC~WS L~~ ~ ~ FO~ OF ~ A P~OR~DLY ~C~D ON B~F OF ~ B~~Y- ..PARTIAL DRAWINGS ARE pERMt'i-rt~D.. Trade Services One Fountain Plaza Buffale, NY 14203-1495 Cable Address: MAN[Ti'BANK Telex Number:. 420076 - Answer BacR: MANDTBANK NYK Swift Numl~r: MANTUS 33 Telephone: {716) 848-3597 (8oo) PAGE 2 OF 3 LETTER OF CREDIT NO. 12266 It is a condition of this Credit that it shall be deemed automatically ex'a.mded without amendment for one year from the expiration date hereof, or any future expiration date, unless 90 days prior to any expiration date M&T Bank notifies the Beneficiary in writing by overnight express mail that M&T Bank elects not to consider this Credit mewed for any such additional period. ALL B~G CHARGES OTHER THAN THOSE OF IvL~T BANK ARE FOR THE ACCOUNT OF THE BENEFICIARY. This Credit is subject to the Uniform Customs and Practice fo~ Doc, tmeutary Credits (1993 ReviSion) International Chamber of Commerco Publication No. 500 (the "UCP"). As to matters not gOverned by the UCP, this credit is subject to and governed by the taws of the State of Florid~ This Credit is enforceable in the court of competent jurisdiction in p~lm Beach County, Florida M&T B~nk hereby aErecs with the Beneficiary that drafts drawn under and in compliance with the terms of thi~ Credi~ shall be ddy honored upon presentation to M&T BANK, A't-tN: TRADE SERVICES.- 3RD FLOOR, ONE FOUNTAIN PLAZA, BUFFALO, NEW YORK 14203-1495 on or before the .e~pixatioa date stated abo~e: Any pa~dmant will be tirade via offi¢ist bank checlt in the name of the Beneficiary ~ above, and will be mailed to thc Beneficiary address listed~above..'-' _-' ~ ' : This gredit .ts forth in full IV~T Bank~, undertaking. :The Cre~t is ~ seperato tran.~.-tion from a~.~y ~co~xact on which it ma~ be based andthe B-~ is in no way conceraed Or bound by such contxact(s) even if ~ refe~nce to such contract(s) is included'in th~ Credit ';: '- -i _. MANUFACTURERS AND TRADERS T UST COMPANY -! ~..~- ~ ': B.nldng OffS, Cer Trade Services One FounteJn ~-a Eluff~(~ NY 14203-1495 Answer Back: MANDTBANK NYK Swift Number:.- JVIANIIJs 33 PAGE 3 OF 3 (e00)~r~4-1~sa LEIT~R OF CREDIT NO. 12266 CERTIFICATE TO'BE Typ~ EDON LETTERHEAD EXHIBIT A Munufaetm~ and Traders Trust Company Attention: Trade Sen4ces,- 3rd Floor One Fountain Plaza Buffalo, New York 14203-1495 RE: Lrrevocable Standby Letter of Credit No. 12266 Ladies and Gentlemem The undersigned h~by certifies to,Manufaca=ers and Traders Trust Company as'Issuer of the above ref~enced Letter of Credit (the "Credit"): . 1. I am a duly authorized agent of the CITY OF BOYNTON'BF~CH/UTILITIES DEPARTMENT (the "Beneficiary"). 2. GUARDIAN STORAGE OFBOYNTON BEACH, INC. has failed to complete theinstallation of new water and sewer systems for the project know as Guardian Storage on the phns 0f Job No. 32t3 by Caulfield & Wheeler tiffed . , dated December 5, 1997 in accordance with agreed upon 3. The amount drawn representsihe total cost to complete ~he one,site water and sewer systems for ~. Guardian Storage project. ~ · - .~.-.:.;~: - ' ' 4. Beneficiary is hence entitled/o and is m.king a drawing under the Credit in the amount of U.S. $ ' ~" The Beneficiary has ~ this Celtificate as of thc day of ,19_... CITY OF BOYNTON BEACHSJ'rH~ITIES '-DEPARTMENT ' .' TYPed Name: ' - Title: Trade Services One Fountain Plaza Buffalo1 NY 14203-1495 Cable N~mss: MANDTISANK Tele~ Number:. 420076 AnSwer Back: MANDTBANK NYK Swift Number:.MANTUS 33 Telephone: f'/16) 848-3597 (800) 724-1268 AMENDMENT NO. .0! TO IRREVOCABLE STANDBY LE'rrI~R OF CREDIT NO. 12266 ISSUING BANK: MANUFACTURERS AND TRADERS TRUST COMPANY TRADE SERVICES - 3RD FLOOR ONE FOUNTAJ/q PLAZA BUFFALO~ NEW YORK 14203-1495 DAT.E: Juno 12, 1998 BENEFICIARY: CITY OF BOYNTON BEACH/Dr'ILl'rigS DEPARTMENT 5469 W. BOYNTON BEACH BOULEVARD BOYNTON BEACH, FL 33437 APPLICANT: GUARDIAN STORAGE OF BOYNTON BEACH INC. 1200 NO. OCEAN BOULEVARD. DELRAY BEACH, FLORIDA 33483 The above mentioned credit is amended as follows: I. ON PAGE 1 OF 3 INSERT: RE: PROJECT: Guardian Storage 3450 S. Congress Avanu~, Boynton Beach, FL 33426 Section 5, Town~hlp 46 South .... -: .:....~/'' "-' Ran~ 43 East, palm Beach County ' -' Completion of new ~ater and sanitary sewer systems on the plato of Job No. 3213 by Caulfield & Wheeler rifled Sanitary Sewer Pages 6, 7, and 8 of 8 and Water Distribution Plan Pages 4 and 5 of 8 d~__~d May 27, 1998. 2. ON PAGE 3 OF 3 "CEKIII~'ICATE': DELETE NO. 2 AND 3 IN THEIR ENTIRETY. INSERT: 2. GUARDIP2q STORAGE OF BOYNTON BEACH, INC. Has failed to complete the installation of new water and sanity sewer systems for the project imown as Cnmrdian Storage on the plann of Job No. 3213 by Caulfield & Wheeler rifled Sanitary Sewe~ Pages 6, 7, and 8 of 8 and Water Distribution Plan Pages 4 and 5 of 8 a~od May 27,1998 in agcordancO with agreed upon terms. RESOLUTION NO. ROI- A RESOLUTION OF THE CITY COMMISSION OF THE 'CITY OF BOYNTON BEACH, FLORIDA, AUTHORJZING A FULL RELEASE OF CASH SURETY (LETTER OF .CREDIT NO. 12266), IN THE AMOUNT OF $53,363.20, FOR THE PROJECT KNOWN AS GUARDIAN STORAGE OF BOYNTON BEACH, INC., AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the developer for the project known as Guardian Storage of Boymon [nc., previously posted a cash surety in the mount of $53,363.20 for the water and sanitary sewer system; and WHEREAS, the Utihty Department of the City of Boynton Beach is satisfied with the completion of the work, and the systems have been transferred to the City for ownership, operation and maintenance. 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, upon the recommendation of staff, hereby approves the release of the cash surety in the amount of $53,363.20, to Guardian Storage of Boymon Beach, Inc. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of December, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: ~ Clerk :ca~ResokLetter of Crcdit/Cash Suret~ Rele.~e- Guardian Storage Requested Cit~ Commission Meeting Dates [] November2(L 2001 - - [] December 4. 2001 [] December 18,2001 [] 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 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 [] JanuaD [5.2002 ]-- February 5, 2002 [] Febraary 19, 2002 [] March 5~ 2002 Date Final Form Must be Turned in ro City Cle~k'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 r-[ Administrative [] Development Plans ~ Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids ~1--1 Unfinished Business co ~ ~-5, [] Announcement [] Presentation [] City Manager's Report -' RECOMMENDATION: Motion to approve full release of cash surety to Catalfumo Construction. Ltd. in~e of $3,000 for the water and sewer systems serving the project known as Stor-All on Industrial Avenue. EXPLANATION: The project is fully completed, and the water and sewer systems have performed satisfactorily throughout the warranty period. All required easements have been provided, and the systems have been transferred to the City for ownership, operation and maintenance. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None Dcp~e~ ~ead s $~a~e City Manager's Signature UTILITIES Department Name City Attorney Finance / Human Resources XC: Peter Mazzella (w/atmchmenO Finance Dept. City Attorney File S :~BUL LETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC Requested City Commission Meetin~ Dates November 20_2001 December 4. 2001 [] December 18, 2001 [] January 2. 2002 VL-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.4 AGENDA ITEM REQUEST FOI . 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 [] February 5. 2002 [] February 19. 2002 [] March 5. 2002 Date Final Form Must be Turned in to Cit3 Clerk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 February 6. 2002 (5:00 p.m.) FebrUary 20,2002 (5:00 p.mJ NATURE OF AGENDAITEM [] Adminisumive [] Development Plans [] Consent Agenda [] New Business [] Public Hearing '-] Legal ~:: ... [] Bids --1 Unfinished Business co ._ [] Announcement [] Presentation [] City Manager's Report in the amo~Ot RECOMMENDATION: Motion to approve full release of cash surety to Catalfumo Construction, Ltd. of $3,000 for the water and sewer systems serving the project known as Stor-All on Industrial Avenue. EXPLANATION: The project is fully completed, and the water and sewer systems have performed satisfactorily throughout the warranty period. Ali required easements have been provided, and the systems have been transferred to the City for ownership, operation and maintenance. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None Department iClead's Sf'gnamre ~ Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Peter Mazzella (w/attachment) Finance Dept. City Attorney File S 5BULLETIN~FORM S~AGEN DA ITEM REQUEST FORM.DOC CATALFUMO CONSTRUCFZON, LTD. CITY )YNTON BEACH 4-28-00 4~55L/ 99-059 boynton ' 30'00.00 .00 3000.00 MAY 1 BC YNTON CHECK CHECK 4--28--00 ~ N~aER 1459~ ~ TOTAL> 3000.00 ' .00 3000.00 PLEASE DETACH AND RETAIN FOR YOU R RECORDS TD. 5737 OKEECHOBEE CA TALFUMO CONSTRUCTION, L WHET PALM SE&CH. FL ~3409 4300 CA TIJL FUMO F/AY P.4ZMBEACH GARDENS, FL 33410 DATE April 28, 2000 Pay: **********----**----**--******** thousand dollars and no cents CHECK NO. AMOUNT 14591 - $'~'~*'3,000.00 .., c,.o..o..TO:. TO~ P.O. BOX 310 ORBEROF BOYNTON BEACH, FL 33425-0310 MEMORANDUM UTILITIES DEPARTMENT TO: Diane Reese, Finance Director FROM: ~ John A. Guidry, Utilities Director SUBJECT: Surety/Fee transmittal - .('idt..- wqtt'~ ~-~f~, t ~-~.,~'..ff~. LETTER OF CREDIT: Bank= - ,, CASH BOND C~' da~,~/y.) Checkno. l q ~-C?! ~ ~ ADMIN!4tNSPECTIDN FEE: Check~o. Amount $ Amount Amount Water Amount Sewer Total SEWER TELEVISING FEE: (@ $1.75/L.F.) Check no. Based on L.F. Amount $ COST DOCUMENTATION: Engineer's Estimate Copy of Contract Other Please refer any questions on this matter to Peter Mazzell'a of this office. Attachment JAG/PVM bc: Peter Ma?zella xc: File V1"'CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.5. AGENDA ITEM REQUEST FORk._ Requested City Commission Date Final Form Must be Turned Requested City Commission Meetin~ Dates in to City Clerk's Office Meetin~ Dates [] November20.2001 November7,2001 (5:00p.ra.) [] JanuarylS. 2002 [] Dec~mber 4. 2001 November 21, 2001 (5:00 p.m.) [] February 5, 2002 [] December 18, 2001 December 5. 2001 (5:00 p.m.) [] February 19. 2002 [] January2,2002 Decemberlg. 2001 (5:00p.m.) [] MarchS, 2002 Date Final Form Must be Turaed in to Cit~ 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 [] New Business [] Public HearSmg [] Legal [] Bids [] Un£mished Business [] Announcement [] Presentation [] City Manager's Report RECOM34ENDATION: Motion to approve full release of Letter of Credit no. 3029736 to Bank of America:in tl~ ~-~ amount of $15,260 for the water and sewer systems serving the project known as WalMart. -- --~' -< EXPLANATION: The project is fully completed, and the water and sewer systems have performed satisfag. J[grily throughout the warranty period. All required easements have been provided, and the systems have been tri~sfer~ to the City for ownership, operation and maintenance. --~ .. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None UTILITIES Department Name City Attorney / Finance / Human Resources XC: Peter Mazzella (w/attachment) Finance Dept. City Attorney File S:~B ULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC I anNofAmerica DATE: FEBRUARY 26, 2001 AMENDMENT TO IRREVOCABLE STANDBY CREDIT NUMBER: 3029736 PAGE:,i AMENDMENT NUMBER 2 BENEFICIARY CITY OF BOYNTON BEACH UTILITIES DEPARTMENT 5469 W. BO¥~©N B~CH BLVD. BOYNTON BEACH, FL 33437 ATTN~ PETER MAZZELLA APPLICANT WAL-MART STORES, INC. 702 SOUTHWEST 8TH STREET BENTO~V~LLE, AR 72716 THIS AMENDMENT IS TO BE CONSIDERED AN INTEGRAL PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO. THE ABOVE MENTIONED CREDIT IS AMENDED ~S FOLLOWS: THE AMOUNT OF THIS CREDIT HAS BEEN DECREASED BY USD 290,070.30 THE AGGREGATE AMOUNT OF THE CREDIT IS NOW USD 15,260.00 THE EXPIRATION DATE IS AMENDED TO: FEBRUARY 21, 2002. THIS CREDIT WILL NO LONGER BE AUTOMATICALLY EXTENDED. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS AMENDMENT WILL BECOME EFFECTIVE UPON OUR RECEIPT OF THE BENEFICIARY'S WRITTEN ADVICE OF CONSENT PURPORTEDLY SIGNED BY AN AUTHORIZED SIGNOR OF mu~ n~VICTA~V_ gENT TO US ATTENTION OF ROSE AGUSTIN IF THE BENEFICIARY RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE .CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH SURETY (LETTER OF CREDrI NO. 3029736), IN THE AMOUNT OF $15,260.00,' ._.: .. 'TO WAL-MART STORES, INC., AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Wal-Mart Stores, Inc., the developer for the project known as Wal- Mart, previously posted a cash surety in the mount of $15,260.00 for the water and sanitary sewer system; and WHEREAS, the Utility Department of the City of Boynton Beach is satisfied with the completion of the work, and the systems have been transferred to the City for ownership, operation and maintenance. 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, upon the staff; hereby approves the release of the cash surety in the amount of $15,260.00, to Wal-Mart Stores, Inc. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of December, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~TTEST: City Clerk s:¢a~so~Letler of Credit/Cash Sure~ Release - Wal-Mart Requested City- Commission Meeting Dates [] November 20. 2001 [] December 4.2001 [] December lg. 2001 [] January 2. 2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORI Date FinalForm Must be Turned in to Cig/Clerk's Office November 7. 2001 (5:00 p.m:) Novernber 2l, 2001 (5:00 p.m.) December 5. 2001 (5:00 p.m.) December 19. 2001 (5:00 p.m.) Requested CiV~ Commission Meeting Dates [] January 15. 2002 [] February 5. 2002 [] February 19. 2002 [] March 5, 2002 VI.-CONSENT AGENDA ITEM C.6 Date Final Form Must be TurnedX-~? in to CiW Clerk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.I February 6, 20021'5:00 p.m.) February 20, 2002 (5:00 p.rn.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business ]l Announcement [] Presentation [-- City Manager's Report RECOMMENDATION: Motion to accept letter of credit no. 2001-041A from Ohio Savings Bank in the amount of $363,836.00 as surety for the installation of the water and sanitary sewer systems serving the project known as Jonathan's Creek. EXPLANATION: The developer of Jonathan's Creek is constructing a facility in the City of Boynton Beach Utilities service area that will require the extension of water and sewer lines to serve the buildings. The subject letter of credit will serve as surety for the completion of these utilities, allowing water and sewer services to be provided once both systems are fully operational. PROGRAM IMPACT: None. FISCAL IMPACT: None ALTERNATIVES: None. Surety is required for th~s platted subdivision City I~lanager's S~gnamre Utilities Deparm~ent Name City Attorney / Finance / Human Resources Xc: Peter Mazzella (w/copy of attachments) City Attorney Finance Dept. (w/original letter of credit) File [w/copy of attachments) S:~BULLETI2~FORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION, NO: R0t- --A RESOLUTION OF THE CITY COM1MISSION OF THE ~ CITY OF BOYNTON BEACH, FLORII)A, APPROVING AND AC~E!?TING~ A LETTER'OF ~RED!,T SUBMITTED --. 'FOR THE PliOJECT KNoWN'~S JONATHAN'S CREEIC; AND ISSUeD.BY.OHIO SAVINGS,;BANK (LETTER OF CREDIT NO. 2001-041A) IN Tm:HE AMOUNT OF $363,836.00f AND'~PRO'VIDrNG AN EFFEcTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, does hereby accept the above referenced Letter of Credit in the mount of $363,836.00 as surety for water and sewer systems m serve project known as Jonathan's Creek. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF · OF BOYNTON BEACH, FLORIDA, THAT: Section I. The City Commission of the City of Boynton Beach, Florida hereby and accepts a Letter of Credit for the project known as Jonathan's Creek, and r Ohio Savings Bank, (NO. 2001-041A) in the mount of $363,836.00 as surety for ~ystems m serve the above project. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of December, 2001 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Comrmssioner ATTEST: City Clerk (Corporate Seal) December 4, 2001 BANK Clean Irrevocable Letter of Credit No. 2001-041A (Amended and Restated) The City of BoyntonBeach, F!grilda Utilities Department ' 124 E. Wo01bdght Road Boynto~ Beacl~,:.FL 33~435 Re: Clean Irrevocable Letter of Credit No. 2001-041A Applicant: *weitzer Artesa Homes, LLC Breakdown of Projects for SDA Project No. 98-0453B (Artesa) : I. Jonathan's Creek-Lift Station: $ff7,700.00 2. Jonathan's Creek Water Distribution System & Sanitary Sewer Collection/Transmission System $246, ~ 36.00 Total Amount of Letter of Credit: $363,836.00 To Whom It May Concern: We hereby establish our Clean Irrevocable Letter of Credit No. 2001-041A in favor of the City of Boynton Beach ["Beneficiary') in the amount of Three Hundred Thirty Thousand Seven Hundred Sixty and no/100 U.S. Dollars ($363,836.00) effective as of this date. The amount of funds available under this Letter of Credit stated above may be reduced by an authorized official or agent of the Beneficiary. We hereby agree that such reduction shall not be effective until we have fumished a written amendment to this Letter of Credit. Such amendment shall reference this Letter of Credit as set out herein and the new amount. Funds uncier this Letter of Credit are available to the Beneficiary hereunder not exceeding in aggregate the amount of this Letter of Credit (as said amount may be amended from time to time pursuant to the above paragraph) against the Beneficiary's demand, by its authorized agent or official, for payment on us mentioning our Letter of Credit No. 2001-041A, It is a condition of this Letter of Credit that it will be automatically extended for periods of one (1) year from the expiry date hereof, unless ninety (90) days prior to the expiration date we shall notify you in writing by registered or certified mai] at the above indicated address. that we elect not to consider this Letter of Credit renewed for any such additional period, OHIO SAVINGS PLAZA · 1801 EAST NINTH STREET · SUITE 200 · CLEVELAND - OHIO · 44114 · ('216) 622-4100 Amended and Restated Clean Irrevocable Letter of Credit No. 2001-041A Weitzer Artesa Homes LLC December 4. 2001 Page Two When we receive your wdtten demand for payment at our Commercial Banking Department, 200 Ohio Savings Plaza, 1801 East Ninth Street. Cleveland Ohio 44114. OR at the main office of AmTrust Bank, (a division of Ohio Savings Bank) Attn: David B. Smith, Vice President. 5550 Glades Road, Suite 100, Boca Raton, Florida 33431, accompanied by this Letter of Credit. on or prior to the Expiration Date, we will promptly honor the same. (Acceptance of process) Venue for any and a egal actions necessary to enforce the terms of this Letter of Credit shall be Palm Beach County, Florida. Kindty address all correspondence regarding this Letter of Credit to the attention of Frank J. Bolognia. Executive Vice President - Commercial Banking Department, Ohio Savings Bank. 200 Ohio Savings Plaza, 1801 East Ninth Street, Cleveland, Ohio 44114, referencing Letter of Credit No. 2001-041A. Except as is inconsistent with the express provisions hereof, this Letter of Credif is subject to the Uniform Customs anc Practice for Documentary Credits (1993 Revisions) International Chamber of Commerce Publication No. 500. By: Very truly yours, OHIO SAVINGS BANK A federal savings bank Vice President And; ,'/1_ ~ Steven S. Swartz, Vice President Requested City Commission Meeting Dates [] November20. 2001 [] December 4, 2001 [] December t8,2001 [] January 2. 2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR ._ Date Final Form Must be Turned in to City Cl~rl~'s Office Requested City Commission Meeting Dates VI.-CONSENT AGENDA ITEM C.7. Date Final Form Mt~t be Turned in to City Cleric's Office November7,2001 (5:00p.m.~ '~ January l5. 2002 January 3, 2002 (5:00 p.m.) November21,2001 (5:00p.m.I [] Februa~ 5.2002 January 16. 2002 (5:00 p.m.) December5,2001 (5:00p.ra.) "-] February 19.2002 Febraary 6, 2002 (5:00 p.m.) Decemberl9.200t (5:00p.m.) [] MarchS. 2002 February 20, 2002 (5:00 p.rn~) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfarished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve a reduction in surety requirement in the amount of $177,611.96 for the installation of water and sewer systems serving the project known as Manatee Bay. EXPLANATION: The project is fully completed, and the water and sewer systems have performed satisfactorily throughout the warranty period. The systems have been transferred to the City for ownership, operation and maintenance. The remaining 5% surety will be retained until all required easements are dedicated via plat approval and recordation. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None · Dep'a?unant Head's Signature ~C~ignamre UTILITIES Depar~ent Name City Attorney / Finance / Haman Resources XC: Peter Mazzella (wfanachment) Skip Miler Finance Dept. City Attorney File s :~B ULLETINLFORMSL4GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R0 l- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON / BEACH, FLORID& '- AUTHOR~ING A REDUCTI~)N IN:THE LETTER OF CREDIT ISSUED BY NAzTIONS:BANI< (No. 941529) FOR THE PROJECT KNOWN AS MANATEE BAY FROM;$186,95.gi96 TO $9,348.001 ANDPROVIDING AN EFFECTIVE DATE. WI-IEI~EAS, the de~eloper Of this parcel, previously s~mitted a Letter of Credit in the mount of $186,959.96 as surety for the water and-sewer system serving the project mown as Manatee Bay; and WIIEREAS; the Utility Department of the City of Boynton Beach is satisfied with the completion of the work and the systems have been transfen'ed to the City for )wnership, operation and maintenance. NOW, TltEREFORE, BE IT RESOLVED BY TItE CITY COMMISSION F TItE CITY OF BOYNTON BEACIt, FLORIDA, TI{AT: Section 1. The City Commission of the City of Boynton Beach, Florida, based ~pon the recommendation of staff, hereby approves a reduction of a Letter of Credit (No. 941529) from $186,959.96 to $9,348.00. Section2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED tiffs ~.TTEST: City Clerk (Corporate Seal) s~caXres~letters of Credit\- Red. - Manatee Bay day of December, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ZRR.~FOOAB~L£ ~TAND~ LETTE/~ OF CRF. DIT NO. 94.1529 AI~0UNT: U~S186,959.96 DAT~ 0F i~(PIRY: JUNE 1,'.9.000 pLACE OF ~X~il~Y: OU~ C6ONTE~, DAZ/~S, T~XAS THIS LETT~ OF C~DIT IS ISSUED FOR C0~I~LETION 0~' THE ON-~ITE AND OFF-SITE WATER A~ ~R P~S ~ S~ ~ D~OS ARD ASSOCIATES S~ ON ~ 4 ~ 5 OF 1C 0~ ~ P~NS DAT~ A~D SI~D ' 4/8/99. RAT~OE~X, N.A. ~R OF ~IT NO. 941529 DATED J~ l, KECOi%D~ TO 007, LETT~K 01~ 01q~DIT' Piq0C~SSING CE~TF.~ AT TI~ 75202, ATTN: STAI~DBY LETTBR LIGT~D ABOVE, AND WILL B~ I~ILED TO TH~ ~N~'~u~a~ au~.~ LISTED FOR ASSISTANC]~ PLF. ASE CALL ~ST0~R ~ERVIC~ AT 214-909-06B5 ~ TOTAL P~C~L 02 ~* Bank of lmerica DATE; APRIL AM~.NDMENT TO PAGE: 1 AMENDMENT NUMBER 1 B~NEPICIARY CITY OF BOYI~ToN B~CH/UTILITIES 100 E. EOYaFTON ~EACTIBLVD. ~OTfNTONBEAC~, FL33437 0LEN ? THIS AMENDMENT IS TO BE CONSID~RP~DAN iNTE~PART OF'THE ABOV~ c~T AND MUST BE ATTACHED TH~.ETO. THE ABOVE MENTIONED C'~FDIT IS AMENDED AS POLLOWS: T~E EXPI~.ATION DATE IS AMF_/TDED TO: JUNE 1, ALL OTHER TERMS AND CONDITIONS REMAIN UNCIA~NGED. IF Y0~'REQUIRE ANY ASSISTANCE OR.i~AVE ANY QUESTIONS REGARDING THIS ~24E~DM]~NT-, PI.~E CALL 213-345-6605. AUTHORIZED SIC, NATURE TT/IS DOCUMENT CONSISTS OF i PAGE(S). mK fAmerica DATE: MAY 18, 2001 AMENDMENT TO IRREVOCABLE STANDBY CREDIT NLIMBER: 941529 PAGE: 1 AMENDMENT NUMBER 2 BENEFICIARY CITY OF BOYNTON BEACH/UTILITIES t00 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33437 APPLICANT OLEN RESIDENTIAL REALTY CORP 7 CORPORATE PLAZA NEWPORT BEACH, CA 92660 THIS AMENDMENT AI~D MUST BE ATTACHED THERETO. THE ABOVE MENTIONED CREDIT IS AMENDED AS FOLLOWS: ~-=~ EXPIP~ATION DATE IS AMENDED TO: JUNE 1, 2002. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS AMENDMENT, PLEASE CALL 213-345-6605. IS TO BE CONSIDERED A.N INTEGRAL PART OF THE ABOVE CREDIT THIS DOCUMENT CONSISTS OF ROSALINA AGUEA REGARDING THIS AUTHORIZED SIGNATURE t PAGE (S) . VL-CONSENT AGENDA ITEM C.8 RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO "- EXECUTE TASK ORDER NO. 28-B AMENDMENT 2, BETWEEN THE CITY OF BOYNTON BEACH AND CH2M 1-I~L IN THE AMOUNT OF $54,037.00 FOR ADDITIONAL ENGINEERING SERVICES FOR MASTER LIFT STATION REHABILITATIONS AT NO. 317; AND PROVIDING AN EFFECTiVE DATE. WHEREAS, on March 16, 1999, the City ComnUssion approved Task Order 28B the mount of $76,680 for Master Lift Station Rehabilitation at Nos. 316 and 319, and ~ on September 19, 2000, approvedAmendment 1 to include theLiftStation #317; and WHEREAS, Amendment No. 2 is related to additional engineering serdces required after failure of the two existing large pumps at Lift Station 317, and extension of and NOW, TItEREFORE; BE IT RESOLVED BY TIlE CITY COMMISSION CITY 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 approve and execute Task Order Amendment 2 with CH2M Hill for additional engineering services for Master in the mount of $54,037.00. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of December, 2001. CITY OF BOYNTON BEACH, FLOKIDA Mayor Vice Mayor kTTEST: City Clerk (Corporate Seal) ca~eso ~agreements \Consultant - Task Order 28B(2)121201 Commissioner Commissioner Commissioner Requested City Commission ~leetin~ Dates. .. _ [] November 20_ 2001 [] December4. 2001 [] December 18. 2001 ] January 2. 2002 VL-CONSENT AGENDA CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form M~t be Turned ~n ro City Clerk's Office November 7. 2001 (5:00 p.m.) Novcrnbcr 2 l. 2001 (5:00 p.m.) December 5. 2001 (5:00 December 19. 2001 tS:00 p.m.~ Requested City Commission Meetine Dates [] January 15. 2002 [] February 5_ 2002 [] February 19. 2002 [] March 5.2002 ITEH C.8. 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.mo February 6. 2002 (5:00 p.m Februaw 20, 2002 (5:00 p.m.1 NATURE OF AGENDA ITEM ~ Administrative [] Development Plans 5~] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve and execute by Resolution, Task Order 28B Amendment #2 ~vith CH2M Hill, one of our consulting engineers, for additional engineering services during consumction of Master Lift Station Rehabilitations at #'s 317, 316, 319 in the mount of $54,037.00. EXPLANATION: On March 16, 1999, Commission approved Task Order 28B I $76,680.00} for Master Lift Station Rehabilitation #'s 316 and 319. On September i9, 2000, Amendment gl ($24,890.00) was approved for additional design and pump additions to Lift Station #317. Amendment #1, Task Order 28B allowed for the addition of one new pump assembly at Lift Station 317. This was required because Lift Station 317 (Boynton Beach Blvd. west of Congress Ave.) re-pumps flows from Lift Station 319 (Miner Rd. & Lawrence Rd.). We have had considerable growth along the Lawrence Road area causing a significant increase in wastewater flows thus reqmring a 4th pump assembly. Amendment #2 for Task Order 28B is related to additional engineering services required after failure of the two existing large pumps at Lift Station 317 and extension of on-site inspection services. Both of the existing pumps experienced complete failure and excessive damage that was considered beyond repair. The existing pumps au Lift Station 317 were approximately seven years old and rebuilding the pumps was not considered as an option. Master Lift Station 317 was on by-pass until construction was complete. This required additional engineering. SABULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC ~~~~ ' CITY OF BOYNTON BEACH AGENDA ITEM, REQUEST FORM PROGRAk'VI IMPACT~. - _ The Master Lift Station Rehabilitations are under contract with Widell, Construction. PO #11223. Commission approYed November 20, 2000. Additional services during construction are beyond the work originally approved. FISCAL IMPACT: Funds are available in the Utilities Revenue Bond Series 1996, 407-5000-590-96-04. Project #SWR080 for the additional mount of $54.037.00. ALTERNATIVES: Additional er~ineering isrequired while the Utilities Department Name Master Lift Stations ar~on, City Manager's Signature City Attorney / Finance / Human Resources Dale Sugerman Mark Law Tony Lombardi Barb Conboy lira Cherof - City Attorney S:~BULLETINFORMS~AGENDA ITEM REQUEST FORM.DOC Task Order 28B Amendment 2 November 6, 2001 - Additional Services for Design of Lift Station 316, 317, and 319, and InclUding Part Time Onsite & Resident Observation During Construction of Lift Stations No. 316, 317, and 319. A. Background ,.Th,e City of Boyr~ton Beach (CITY) has received odor complaints periodically'from residemts living nea~,~ some~0£the~ stations iLS)~ The CITY ~w~ould like~ install odor control at lift stations 316 & 319 as a test to determine their appli~cability £or;other l~ft stations. These odor con,trol systems will ~o work to reduce corrosion and sulfidq attack problems. ift stations, LS 317; pump and failed, to be The ~rvic.es proposec[ under this task or,der by;the ~0NSULTANT would be to provide en~gm~g,, services ~r ,d;e, sign:modificatio ,~nS~at ~ff, t Stations 3~6, 317, and ~3192 design of the oc[9~0~e~.sys~qms~or li~t stations 316 and 31~ ama services during Construction for lift stati~l~s~3'iS;31Z ~ind~'319. ' ' ' B, Scopeof Services The specific services to be provided by the CONSULTANT are as follows: Task 1 - Engineering Services Additional eng~n, eering serwces are required to accomplish the following improvements: · At LS 317, sine, select and specify two large dry-pit submersible pumps to replace the failed 88-bp Davis-EMU pumps. New pump suction and discharge side piping will be included in ~ desigru The system shailbe designed around Flygt pumps. · Provide electrical modifications for the two new replacement pumps at LS 317. · Prepare requests for quotations to Widell (CONTRACTOR), review and negotiate those proposals, and issue contract modifications (change orders) for the work described above. · Design modifications to the odor control facilities at LS 316 and 319. DF~O03670052/TO 28B AMEND2A, DOC Task 2--Services During Construction The following eng_g_g~eering services will be provided by CONSULTANT during the construction of LS 316, 317, and 319. The services include additional construction admin- istration, submittal review, si~e visits, and construction observatig~n~ which are described in more abtailbelow; · r .... al inte retations of the. chtawm s, cifica.tions, and Contract · Providetectu~iC . rp . . g spe ' ~' c tion and issue field o~ders a~s necessarY,. Re~]ew §hop' dra~Wings ai~d other data; reIateO- to Task t, that the Contractor is required to submit. These shallbe reviewed for general conformance with the project and general com._p~ian~e ~wi/th the the s'mkhole repair at LS 31 . LS 317 316 & 319. s authorized by a separate.t~ask order or an amendment to this task order. Additional services may include, but are not llmited to, the following: shOp drawing review, meetings, site vmits, inspections, or Kecoro l~rawmgs. · Additional resident observation during construction at $150/hr. · Claims, litigation ~r 6ther controversy in connection with this project. O. Assumptions Unless indicated otherwise in this Amendment, all assumptions contained in the parent Task Orders will remain in effect. E. Obligations of me CITY Unless indicated otherwise in this Amendment, all obUgations of the CITY in the parent Task Orders will remain in effect. In addition, the CITY will have the following obligations: · Under the terms of this agreement CH2MHILL is responsible for providing residency 4 hours per day for 25 days at LS 317, and 4 hours/3 days per week for 13 weeks ending OF~003670052Fro 28B ,~IENO2A.DOC on January 25~, 2002 at LS 316 & 319. The CITY is responsible for having a resident observer present during all other times when work is underway. F. Compensation Compensation by .the CiTY to the CONSULTANT willbe on a lump sum in accordance with Article2.3/of the Agreement. The estimated compensation for the services described in this Task Order is $54,037. The table below summarizes the estimated costs anticipated for this task order. Lift Station 317 Rehabilitation Cost Estimate Labor Labor Days Costa Expenses Total Task 1-Additional Engineering Services 23 $1~-,970 $1,??~ $16,192 Task 2-Services During Construction LS317 13 $10,406 $980 $11,386 LS 316 & 319 21 $24,392 $2,067 $26,459 Total 57 $49,768 $4,269 $54,037 G. Schedule The services to be provided under this Task Order depend upon the progressof the C1'1'¥ and the CON't'KACTOR. Services will be provided such that the CITY's interests will be protected during the construction phase of the project. APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Gerald Broening, Mayor Dated this day of ,2001. SU~MI't'I'~D BY: CH2M HILL, INC. 'thomas M. MfConiack, P.GT- Vice President, Area Manager Dated this ~4 day of (~ cc_-- ,2001. DF~/003670~52ffO 28B AMEND2A.DOC VI.-CONSENT AGENDA ITEM C.9. RESOLUTION NO. ROi- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ELEVEN (11) SEPARATE AGREEMEN'ES FOR SERVICES BE-PA/EEN THE C~TY OF BOYNTON BEACH AND SUB- RECIPIENTS, FOR THE COMMUNI'P( DEVELOPMENT BLOCK GRANT (CDBG) FUNDS; AUTHORIZING EXECUTION OF THE ADDENDUM TO THE SUB- RECIPIENT AGREEMENT BE'P, NEEN THE CITY AND LOCAL INITIATIVES SUPPORT CORPORATION, TO EXTEND THE TERM OF THE AGREEMENT TO SEPTEMBER 30, 2002; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 7, 2001, the City Commission approved the to eleven sub-recipients, as follows: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Aid to Victims of Domestic Abuse, Inc., in the amount of $10,000; Boynton Beach Faith Based Community Development Corporation, in the amount of $75,000; The Community Caring Center of Boynton Beach in the amount of $15,000; Fair Housing Center of the Greater Palm Beaches in the amountr of $15,000; Healthy Mothers/Healthy Babies Coalition of Palm Beach County, Inc. in the amount of $7,200; Have a Dream Foundation in the amount of $7,500; The Juvenile Transition Center, Inc., in the amount of $15,000; Palm Beach County Resource Center (Technical Assistance) in the amount of $30,000; Palm Beach County Resource Center (Construction Management) in the amount of $25,000; Urban League of Palm Beach County, Inc., in the amount of $5,000; Vetsville Case Fire House, Inc., in the amount of $12,000; NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Th e foregoing Whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. The City Commission of the City Of Boynton Beach hereby authorizes ~nd directs the Mayor to execute Agreements W th each of the above name sub-recipients in theamountsset forth above. Section 3. passage This Resolution shall become effective immediately upon daY of December, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk Requested City Commission Meetinc Dates' [] November 20. 2001 [] December4.2001 [] December 18, 2001 [] January 2. 2002 NATURE OF AGENDA ITEM V :,-CONSENT AGENDA ] TEM C.9 CITY OF BOYNTON BEACI- AGENDA ITEM REQUEST FORM Date Final Form Must ~e Requested City Turned in to City Clerk's Office Commission Meetine Dates November 7 2001 (5:00 p.m.) [] January 15, 2002 November 21. 2001 (5:00 p.m.) [] February 5, 2002 December5,2001 (5:00 p.m.) [] February 19.2002 December 19. 2001 (5:00 p.m.) [] V}arc~ 5. 2002 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] [] City Manager's Report 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.j Februa~' 6, 2002 (5:00 p.m.; February 20, 2~)02 (5~.00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Staff recommends the approval of eleven contracts for services for Community Development Block Grant (CDBG) sub-recipients previously approved for funding on August 7. 2001, and sub- recipient addendum to the agreement with: the Local Initiative Support Corporation's (LISC) pre-apprenticeship program for building construction, currently being implemented by the Boynton Beach Faith Based CDC~ EXPLANATION: The sub-grantees have submitted required budgets, scopes of services, and timelines for performance as'addendum to the contracts for services to be performed. PROGRAM IMPACT: The impact is the provis~on of much needed servces provided to our community by various organizations, and the emphasis and growth of the economy. These factors meet the City's objectives and priorities as set for[h in the Five Year Consolidated Plan. FISCAL IMPACT: A total of $266,700 has been awarded to these grantees for fiscal year 2001/2002. ALTERNATIVES: Department of Development Division of Community Redevelopment Department Name None at this time, as all activities are eligible under CDBG guidelines. v Cit~ ~h-~gnature City Attorney/Finance / Human Resources AID TO VICTIMS OF DOMESTIC ABUSE, INC - $10,000 This activity provides~a 24=houricdsis hotiiqe for~ services, counseling, and'case management for adultsi~'ieider ~/icti'n~s~ and ~iid~-en!Wh'6 ~ictims of domestic viole~nce and abuse. AVDA provides a safe, confidential site, which is monitored 24 hour~, a day. C0M Special act v t es by a Community Based Development Organization designated to carry out neighborhood revita zat en and cor~munity ec0nomi'cdevelopment programs. This organ zat OhS pr mary purp~os~ i~ [he mprovement ~f the ~hysical economic an~ socia~ envirO~ent ~ ~ts geogr~ ar~a. of ~erat~0n? :an~- ,~1 ~be. addressing o~ or mom crtica mbe cf the ~ ~ a~a~ h-;tg~'e,~eds of pemon~of~:l~W;and m0de~te income. Thlsa~t~i~wit! ~n~dec~mp~en~i~Communl~,~Red~e~opment ~ ,h~ ~l~ ~n~ ~h~,~H tS d~m~-n tu ahd ;w~ll~<~tu;de an Affordable Hous ng THE COM~UNITMLCARING. ~. CENTER OFBOYN~O~:~ ~ BEACH - $15,000 Provide administrative salaries for emergency se~[ce~ to:~include food, shelter, and moAgage assistance, rent, ~til~ bills, medicatien anfl.;%tm~poAat~on for Iow and ve~ Iow income. Other se~ ~s to nc ude job counse ng, job skills training advo~cy and education Provide Fair Housing Initiatives designed to inform and educate the general public hous ng ndustry grou~s, ~ed a, and financial institution,s of their obligations qonceming fair housing.' '~h~y ~/ill 'Fnonitor, agencie~ fo~' c~0~plia'~ce With far housing: laWS~ and instruct the public to identify nci(~ents of h0u~in~' d~scrimination and in~rm victims seeking legal redress and *relief. The goal is ~o combat housing discriminationr and insure comDliance withtocal, state, and federa f~ii!h0,u~ing i~WS. '"' ~ ' HEALTHY MOTHERS/HEALTHY BABiEScoAEiTION OF PALM BEACH COUNTY, INC. ~ $7;200 Activity includes prenatal referrals, education and social services. Focuses on middle schoo and h gh school, education with prese~t@ti0ms Oln the consequences of teenage pregnancies,' birth control and 'male reSp~)r~§f~ilit~. :" Provides support groups for pregnant and parenting teenagers, Iow cost childbirth classes, and parenting classes geared toward fathers. HAVE A DREAM I FOUNDATION - $7,500 Provide academic support, cultural and recreational activities and individual attention for children from the Iow income community. The goal is to see that every "Dreamer" graduates from high school, functionally literate and prepared for employment or further education. Provides tuition assistance to assure that they will have the opportunity to attend college, a university, or accredited vocation school. THE JUVENILE TRANSITION CENTE~, INC - $15,000 Activity provides academic support and work'experienCe for disadvantaged youths, operating at the Ezell Hester Center. The program implements rewards and structured academic activities-that are designed to increase the FCAT scores. The summer component allows participants to receive a $500 stipend for their job performance and work ethics. Participants will also have an opportunity to earn high.school credit from the Palm Beach. County School District for academic performance~ Of 2.0 or better, as well as pleasure field trips during school breaks during the school year. PALM BEACH COUNTY RESOURCE CENTER -$30,000 TECHNICAL ASSISTANCE/BUSINESS ENTERPRISE Provide technical assistance to upstart and existing businesses located or wishing to locate to the Boynton Beach areal This assistanc~ is in'the form of MinOrityNVomen Business Enterprise certification, development of business plans, loan packaginG, and identifying various funding sources available to start businesses, bond packaging, and incorporation service. PALM BEACH COUNTY RESOURCE CENTER -$25,000 CONSTRUCTION MANAGEMENT Activity manages and coordinates the Construction Management Training Program for Boynton Beach tradesmen who are interested in enhancing or developing their management capabilities within the construction industry. -I-he seven course curriculum will be taught by trainers in the construction industry affiliated with Florida Atlantic University. It will open the doors for disenfranchised residents and promising entrepreneurs. It offers 15 scholarships to Boynton Beach residents. URBAN LEAGUE OF PALM BEACH COUNTY, INC - $5,000 Activity extends housing counseling services to 50 Iow income residents of Boynto~ Beach. This program enables clients to make informed and 'reasonable decisions to achieve housing goals, and resolving' housing problems associated with credit issues. Provides counseling as well as referral to other provider agencies as needed. VETSVlLLE CEASE FIRE HOUSE, INC. - $12,D00 This activity provides shelter and food to veterans in need, to assist them in employment, and assistance in applying for various government benefits that they are eligible for. Additional, they address other needs, such as addictions and other medical or mental health care needs. ADDENDUM TO THE SUB-RECIPIENT AGREEMENT THIS ADDENDUM dated the day of December, 2001, is entered into be~t~v, eeH the CITY of BOYNTO-~--~--~AC~ hem naffer ref~ermd to' aS the ~ and ~ec~l-ln~t~es~SupDe~ ~?~en~(LI.SC)~ h~etna~r r~fermd~to as Sub-mclp~e~ in c~nslde~at~pn 5f ~tb~.,m~uar~ benef ts,, terms ~nd condiQons here,naffer Sp~,fi~ ~d~li ~n~t~ ~aK ~ t~ ~1 a~e~eht be~een the Ci~ a~d th, e~up:~e~Pi~P['ra~f!9¢~M~ch:~3~1~:,..~99~ f~.so!~t[~n ~9-20) WF agreement for WH~AS, ~&~ 'i~S' d-e~rm~d 'that modification is necessary for the sub-reCigient~ti3 ~.co,nti~ue:f~ provide ui~r, terrupted.;and sa~ sfactorv~serv ces to the Sect~oa 1~. ~t Part I11, B; of the ongmal agreement T~m~ of Performance. ~n the C~ty and, the Sub-recipient ~s hereby amended to prov de for aen~('l~),'~,,-., y, ear,extension of the agreement Section. 2. ~his addendum e~e, nding the odginal agreement shall be for a period 'of one '(1) yea~r from October 1 2001 to.September 30 2002 The agreeme[~t sEall ~e terminated at the ~nd of the one (1) year extens on All Other terms, provisions and conditions of the orig na agreement not effected by this. actdendum remain unchanged. Section 3.~ Each person signing this addendum on behalf of either party individually Warrants that he or she h~ full legal PoWer to execute this addendum on behalf of the.party for Whom he b~ she is signing, and to bind and obligate such party with r~sPect to al provisi°ns contained in this. addendum. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of December, 2001. CiTY OF BOYNTON BEACH LOCAL INITIATIVES SUPPORT CORP. Mayor Title Attest: City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared and acknowledged he/she executed the foregoing Addendum for the use and purposes mentioned in it, and that the instrument is his/her act and deed. N WITNESS OF THE FOREGOING, have set my hand and official seal at the State and County aforesaid on this day of ,2001 NOTARY PUBLIC My Commission Expires: 2 All agreements are substantially the same as the attached sample agreement. The only change is the agency and the amount of the grant. AGREEMENT BElqNEEN THE CZTY OF BOYNTON BEACH AND Ai'D TO VTCi'IMS OF DOMESTZC ABUSE~ TNC. THIS AGREEMENT, entered into this day of , 2001, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and Aid to Victims of Domestic Abuse, Inc., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal mailing address as Post Office Box 677, Delray Beach, FL 33447-0667, and its Federal Tax Identification Number as 59-2486620. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to ~qtle I ofthe Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and Aid to Victims of Domestic Abuse, Inc., desire to provide the activities specified in Part TI of this contract; And Whereas, the City of Boynton Beach desires to engage Aid to Victims of Domestic Abuse to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART ! DEFZNZ'rZON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CRD" means Division of Community Redevelopment 4) "The Agenot" means Aid to Victims of Domestic Abuse, Inc. Page lof15 5) "CRD Approval" means the written approval of the: Director of Development or designee after a request or a report has been properly processed in accordance with the CRD Policies Procedures 6) "U.S., HUD" means the Secretary of the U,S. Department of Housing and Development or a person authorized to act'0n U.S,- HUD behalf- 7) '?L0w and Moderate Tncome Persons,"means the definition set by U.S. HUD B. Purpose: ~The pu pose ofth s;Agreement s to state the covenants and cond tons under which the Agency will implement the Scope of Services set forth in Part I! of this Agree~'ent. The beneficiaries of a project funded under.this Agreement must constitute a majority (51%) of Iow- and moderate-income persons. PART !! SCOPE OF SERVZCES The Agency shall, in a satisfactory and proper manner as determined by CRD, perform the ~asks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A'; and submit invoices using the cover sheet in Exhibit "B'; both of which are attached hereto and made a ;)art hereof. PART !!! COt4PENSATZON, '~ME OF PERFORt4ANCEf METHOD AND CONDTrZONS OF PAYMENT A. Haximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CED. !n no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized Sum of $10,000.00 for the period of October I, 2001 through September 30, 2002. Further budget changes within the designated con~ract amount can be approved in wdting by the Community Development Hanager up to ten percent (10%) on a cumulative basis of the contract amount during the contract period. Page 2 of 15 Such requests for changes must be made in wdting by the Agency to the Community Development Manager. Budget changes in excess of this ten percent (10%) must be approved by the Commission of the City of Boynton Beach. B. Time-of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-01- MC-12-0043.~The effective date shall be October 1, 2001, or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CRD, and shall be undertaken and con" pleted in light of the purposes of this Acjreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2002. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be. accompanied by proper documentation of expenditures and shall be submitted to CRD for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CRD. For purposes of this section, originals of invoices, receipts, or other evidence of indedtedness shall be considered proper documentation. In the case of direct payments, original invoices must :be submitted to CRD. Proof of payments to vendors must be submitted in the form of cancelled checks paicJ invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of .Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any ~nvoices be honored that predate the commencement date of this agreement. Page 3 of 1S D. Conditions on which Payment is continqent.' l) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CRD Policies, and amendments: ancJ additions thereto as may be made from time to time. The Federali:,State and C ty la~Vs, ordnances and codes .are minimal regulat~ions supplemented by more restrictive .guidelines set fodch in. the CRD Policies and Procedures. No reimbursemen~ will be made without evidence .of:appropriate insurance required b~th s Agreement,on fi,~ w th ~RD, 0 accordance ~wth':Pa~t IM:. ~Se~ion, G~Df this~-Agr,,eement,, No payments will :be made until the agency's personne policies are approved b~?the. Director of Development.or~ his designee CRD Manager.? No payments~for mu ti-funded p[ojects ~ II be madeuntil a cost,,allocation plan has been approved'by the CRD ,Manager~or his, designee,and placed on :fie w th CRD. Should a,project receive additional [-unding after thecommencement 0f-this Agreement~ the Agency shal notify CRD in writing within thirty (30} days of their notification by the funding so~rce and submit ,an approved cost allocation plan wth n forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally .manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be spedfically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CRD and approved by CRD prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CRD Manager or his designee. Page 4 of 15 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made oy purchase order or by a wdtten contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CRD and, the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, [~i-weekly, etc.) will be due w~thin the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CRD, CITY and U.S. HUD Requirements CRD shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CRD, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CRD Manager or his designee to be eligible for reimbursement or payment: a) AIJ subcontracts and agreem_ents pursuant to this Agreement; b) c) d) e) All capital equipment expenditures of $1,000 or more; All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); All change orders; and Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CRD. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 15 CRD the procedure developed to utilize program income to offset project costs. If program income is Agency through this Agreement, the used to extend the availability of services provided the prior written approval of the Director of Development or his designee w be requ red. Accounting and disbursement of p~dgr, am i~icorrie' shall' be consistent 'with ~he procedures ~dtli~ed in OHB Q~l~rs A- 110, and other applicable regulations ncoroorated here n by reference. 9) Salary Rates and Increases All rates of payand pay increases-paid out of CDBG funds, whetheP they be:for'the reason or'merit or cost of living.increase/are sQbject to CRD's pdor ~approvaL Pay.~rat~S'and;';inCreases paid out of'CDBG funds shall-De,consistent With;the~Qty of BOy~ton Beach's' Personnel Department; and'subject to::prior establiShed'guidelines. PART ZV GENERAL CONDx I ~ONS A. ODDortunitJes for Residents and Civil Riqhts Compliance The Agency agrees ~hat no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sexbe excluded from the benefits of, or be subjected to discrimination under any activity carded out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, Iower~income residents Of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by pe.rsons residing in. the project areas shall be awarded contracts ~n connection with the project. B. Opportunities for Small, and Minority/Women Owned Business Enterprise-~ In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 15 C. Proiect Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be Iow- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves benefic.!ades cib/wide, all of the beneficiaries assisted through the use of fundsunder this Agreement must .reside in the City of Boynton Beach. The p~oject funded under this agreement shall assist beneficiaries as defined above for the time period designatecl in Exhibit"A" of this Agreement. The Agency shall provide written verification of compliance to CRD upon CRD's request, D. Evaluation and Monitorino The Agency agrees that CRD will carry out periodic monitoring and evaluation activities as determined necessary by CRD or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency ag[ees to furnish upon request to CRD, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CRD, information and status reports required by CRD, the City, or U.S. HUD on forms approved by CRD. Monthly Grantee Performance Reports 4949.:2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; [2) the number of clients served by census tracts; (3) the number of iow-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital, improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CRD in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CRD, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CRD, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CRD, the City, U.S. HUD, or the Comptroller General Page 7 of 15 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all 'matters covered by this Agreement. The City will require, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the~Agen~'to ~ubmiti~n-audit:by a Certified Public Acci3un~ of, rifle Agency~s~i'.,ho0sing, subje(~tto CRD within one hundred and eighty (180) days after the~xPirationo¢.this agreement; The:coSt of said~ audit should bebome by the Agency. The C[ty;will-be-~esponsible: fbr providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures' developed, prepared, assembled, or completed bythe Agency for the purpose of this Agreement shall become the propeCo/of theCity without restriction, reservation or limitation of their use and shall be made available by the Agency at anytime .upon request by the City or CRD. Upon completion Of all work contemplate~ under this Agreement, copies'of all documents and records relating to'this Agreement shall be surrendered to. CP, D, 'if requested. In any event, the Agency. Shall keep all documents and records for three (3) years alter expiration of this Ag reement. G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes Of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which, may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. Page 8 of 15 At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Uability Insurance, including coverage for personal injury, bodily njury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not. le~s than $1~000,000.00 combined single limit~ and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers- compensation for your employees to statutory limits. Agency shall provide for thirD/ (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees .to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing .prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having, any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CRD provided, however, that this paragraph shall De interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 3. Citizen Participation Agency shall cooperate with CRD in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CRD or the City. Page 9 of ~.5 K. Proiect Pubiicity All facilities purchased ot constructed pursuant to this Agreement should be clearly identified as to funding source. The Agehcy will include a reference to the financial support herein provided by City of ',Beynton Beach and(or..,HUDin all publications and pub cb/~. ;in addE on;': the agency will, make a~'good faith effert ~to :;recognize; City's-support for, a I, activities made po~sibte with fund available und~ this agreement. L. Contract Documents The following ,doCUments are herein incorporated by reference and made'part h6reof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between~the parties hereto and are as fully a part of the contract-a;s if the,~-were set forth verbatimand ~t le'ngth herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-11(~, A-122 and A-133 3) T'~le VI of the CMl Rights Act of_1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age DiscriminaUon theAmericans With Disabilities Act of 1990 4) ExecuU~ Orders 11246, 11478, 11625, 12432, the Davis Bacon ACt of 1988 and Sect!on 109 of the Housing and Community Development Act of 1974 5) Ex~tive Orders 1:[063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development,Act of i974 6) Florida Statutes~ Chapter 112 and 768.28 7) City'of Boynto~ Beach Purchasing Ordinance 8) Federal Community DeveloPment Block Grant Regulations (24 CFR Part 570), as amended 9) The :Agene/'s Pemonnel Policies and 3ob Descriptions 10) The~gen ,e/s Incorporatiop CorUf'~cate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 1~) Proof of :Agent's 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CRD. Items 9 through 14 above shall be transmitted to CED by the Agency. Page 10 of 15 M. Termination Tn the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG fun.ds under thisAgreement shall be retumedto r the City of Boynton Beach, Tn the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. T) Termination for Cause Tf through any cause the Agency' shall fail to fuffill in a timely and proper manner its obligations under this Agreement, or if ~the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with wdttan notice specifying the exact nature of the failure or violation. Thereat~er, the Agency has (30) calendar days to remedy the failure or violation. Tn the event that the Agency does not remedy the failure or violation, withi~ the thirty (30) day calendar period, the City then has the right to tei'minate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Company for services rendered pursuant to this Agreement through and indudingthe date of termination. 3) Tn the event the grant to the City under 'l'itle [ of the Housing and Community Development ACt of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms an~J requirements of applicable law. Page 11 of 1S O. Leveraqinq The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to othei'-agencies ~will b~ made in writing-a~da copy of ~uch provided:to CRD~- p. Amendments :~ ~ The C ty may, at its d scret on, amend th s Agreement,to conform.to changes required by ~Federal, State, County, or U.S. HUD guidelines, directives and ob.i~ctives. Such amendments shall be ncorporated by written amendment as part of this A· ~greement and sba be subject t~ ~a~prp~9~. by~t~l~e City of Boynton Beach Commis~s[oners. ~Except as ot~is,~/p~ovi~.ed~;~ein, ~o;~a~Bd,,men~¢;o tbis.,;Agreement shall be bin~d[pg.on either p~ u~les.s i~ .writ~. ,g~,~pproved;by~:the.City.:Co.m~mission and sign~d~by beth parties. Q. Notice AIl notice required to be g ven under this Agreement sha be sufficient when delivered to CRD at its [00 E. Boynton Beach Blvd, Boynton Beach, FlOrida, 3343~}~ and to the Agency when delivered tc at the address sted on Page One of this Agreement. R. Independent Contractor Except as duly noted in Part III; Section D(9); the Agency agrees ~that, in all 'matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not sub]ect to the Ob/ Provisions of the law applicable to City employees relative to employment compenSationand empl0yee benefits. S. Public Enti~ Crimes As provided in F.S. 287.~32-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on 'the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F.S. 287.133(3)(a) requires this notice. Page 12ofl5 Counterparts of This Aqreement This Agreement, consisting of thirteen enumerated pages and the exhibits referencec~ herein, shall De executed in two (2).counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. W~'I'NESS our Hands and Seals on the day of __ A I I JANET PRA/NITO, CMC CITY CLERK, C1TY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: ci-rY CLERK BY: MAYOR APPROVED AS TO FORM: C1TY A-I-FORNEY AZD TO VICIJ~I4S OF DOf4EST~C ABUSEr INC. By: Title: By: T'~le: (CORPORATE SEAL) Page i3 of 15 AZD TO VZ~m zMS OF DOMESTZC ABUSE~ ZNC. EXHTBZI' A WORK NARRATZVE The Agency agrees 'to:. A. Provide emergency shelter to victims of domesUc violence an their children in a safe environment. B. Provide individual counseling and group therapy, case management, information and referrals. C. Provide food, personal supplies and when applicable, transportation for participants in program. II, The City Agrees to: A. Provide up to SZO,OOO in funding as follows: Salary for Domestic Violence Women's Advocate ........... $7,970.00 Security Maintenance ................................................... ,.. 350.00 Telephone ....................................................................... 480.00 General Building Maintenance ........................................ 1,200.00 Total .................................................................. $;LO~O00,O0 Provide technical assistance to ensure compliance with CRD, U.S. HUD and applicable Federal, State and City regulations to this Agreement. Provide overall administraUon and coordination activities to ensure that planned actMties are completed in a timely manner. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CRD, be conducted by CRD staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CRD on program activiUes. Page 14 of 15 To: Ai'D TO VZCTZMS OF DOMESTZC ABUSE, 1'NC. EXHTBZT B LEI'I'ERHEAD STATZONERY Octavia S. Sherrod, Community Development Manager Division of Community Redevelopment City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: Subject: [Name of Sub-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this Invoice covers the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT - Octavia S. Sherrod, Communib/Development Manager Page 15of15 RESOLUTION NO. ROI- VI.-CONSENT AGENDA ITEM C.:L0 A RESOLUTION OF THE CITY COMMISSION ok' 'rt-l~ CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CHANGE ORDER NO. 01- 090 FOR PREVENTIVE MAINTENANCE ._ SUPPORT SERVICES, INC., (BII) #01-C-020F' - CORAL "SPRINGS) IN THE AMOUNT OF $18,975; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, upon staff's recommendation, has deemed it ~ppropriate, and in the best interests of the pubhc, m approve Change Order 01-090 for Preventive Maintenance Support Services, Inc., for an increase to the blanket for roof inspections, pressure cleaning, maintenance repairs and reporting for $18,975. based on the City of Coral Springs Bid; NOW, TItEREFORE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the CiW of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to approve and execute Change Order No. 01-090 with Preventive Maintenance Support Services, Inc., in the amount of Il 8.975. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of December, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~.TTEST: Sity Clerk VI.-CONSENT AGENDA ITEM C. 10. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Conmusston . Date F~nal Form Must be Turned Meeting Dates . . in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] November20.2001 November7,2001 (5:00p.rm) [] January l5, 2002 Jm~uary 3, 2002 (5:00 p.rm) [] December4,2001 November21,2001 (5:00p.m.) [] February5.2002 Jalluary 16, 2002 (5:00 p.m.) [] December 18,2001 December 5. 2001 (5:00 p.m.) [] February 19, 2002 February 6, 2002 (5:00 p.rr~) [] January2.2002 December 19. 2001 (5:00 p.rm) [] March 5. 2002 February20, 2002 (5:00p.m.) NATIfRE OF AGENDA ITEM [] Adminislrative [] Consent Agenda [] Public Hearing [] Bids [] City Manager's Report [] Development Plans [] New Business [] Legal [] Umfinished Business [] Presentation RECOMMENDATION: Motion to approve the change order request to PREVENTIVE MAINTENAN~::~ ~ SUPPORT SERVICES, INC. for an increase tothe blanket for roof inspections, pressure cleaning, maintiman~ ~c~ repairs and reporting for $18,975 based on the City of Coral Springs Bid #01-C-020F (Effective: 02/06/01-02/05/03). EXPLANATION: Due to an increase in leak reports it is recommended that we initiate a program to cover a more extensive roof maintenance/repair program instead of the basic scheduled replacement and emergency repair program that is presently in use. See attached Memo g01-090. PROGRAM IMPACT: The purpose of this change order is to better maintain and anticipate the needs of the roofs of the various City facilities. FISCAL IMPACT: Funding for this change order is recommended from the deferral of the following projects. Description Account Number Budget Amouut Tennis Center - Fence Repair* (Actual budgeted amount - $4.500) 302-4112-580-63.15 $975 Public Works - Replace Overhead Doors in Fleet 302-4116-580-62.01 $12,000 Police Station - Repair Skylight (Kalwall) 302-4117-580-62.01 $6,000 *Should conditions dictate, Facilities Management will attend to the project marked by an asterisk with in-house staff. S:kBULLETIN~FORMS~AGENDA ITEM REQUEST FOP, M.DOC TO: FROM: DATE: SUBJECT: PUBLIC WORKS DEPARTMENT Memorandum No.-0 i-090'~ 'r: Bill Atkins, Deputy Finance Director PrOcurement Jeffrey Livergood~ Public Works Director Richard A. Fiege, Facilities Management St~pervasor'-~ Paula J. Leblanc, Administrative Assistam November 28, 2001 Facilities Management Change Order Requests Please process the following roofing change orders. Agenda Item Request Forms are attached for each change order request. Overview Summary of the Change Order Requests (Detailed justification is available below this chart.) Advanced Roofing, Inc. Original Contract Amount $48,825 Necessary change due to moisture that was found in Change OrderRequest $26,725 the lower roof of the Police Station. Adjusted Contract Amount $75,550 Preyentive Maintenance Support Services;Inc. Ori~al c~ntract 3an0unt $5,000 Necessary change for better addressing the Change Order Request $18,975 maintenance/repair needs of all City roofs. Adjusted Contract Amount $23,975 Advanced Roofing, Inc..-PO #12982 (Acct #001-2511-519-62.01 ): In order to complete the roof repairs to the lower roof at the Police Station,. Facilities is requesting a change Order in the amount of $26,725; this change order request would bring the purchase order amount fi:om $48,825 to $75,550. This is for a new 2001 Company CPA Thermoplastic Single-Ply Membrane Roof with a 15-year manufacturers warranty for a cost of $43,200 with a $16,475 credit for the RPM Coating on the lower roof that was bid. This change became necessary when the contractor found out that not only was the membrane of the lower roof was wet, but that the manufacturer would not provide a warranty for the coating as currently required in the contract. This is neither the fault of the contractor nor that of the City. The sub- surface roof moisture conditions could not be fully assessed at the time of the project scope definition and moisture levels only became apparent when the actual construction began. As a further comparison Facilities verbally contacted five contractors who are authorized installers, receivnig responses fi:om four of the contractors and found that Advanced Roofing came in as the most competitive quote. Copies of the proposal for the change order, a r0ofmoisture survey, and quotes are attached. Bill Atkins November 28, 2001 Page 2 Preventive Maintenance Support Srvs., Inc.- PO #20475 (Acct #001-2511-51-49.17): Facilities has been experiencing leaks in several City facilities and fred that it would be in the City's best interest 'if we would bring in contractual assistance for roof inspections, pressure cleaning, maintenance repairs and reporting to efficiently maintain our roofs. Furthermore, initiating this extensive roof maintenance/repair program would greatly improve avoiding the reoccurrence of the problem we are presently experiencing in the above change order request. Presently the contractor that we have a blanket with is just handling extreme emergency maintenance repairs, but they are under contract with the City of Coral Springs for an Open-End Roofing Contract (Bid #01-C-020F / Effective: 02/06/01 through 02/05/03). In order to achieve the above mentioned, the blanket .pUrchase order would nee~ to be increased from $5,000 to $23,975, therefore' I am requdsting c~hang~ order in the amount of $18,975. Copies of the City of Coral Springs bid award letter and a fee s~hedules are attached. It is the recommendation of Facilities to defer ~e.. following projects in the C.LP. Budget totaling $45,700 in ordeft, o kd thesei~hange Orders. "SlioUld condi~i~)~ dietat]e, We can attend to those projects marked by'an m~i;i~k~with ~-h6t~e S~ ' C. L P. Pr0jeC. t Account Number Budget Civic Center-Repiace, Condenlingklnit ...... ' 4, :. 302,4105-580-62.01 $3,700 Civic Center-RebuildiGene_r.ator~idg/F.i~el ~ank Replace: 3024105-580-62.01 $13,500 Hester Center- Emergenc7 Liglits** ' ~ ' 302-4109-580-62 01 $2,000 Tennis Center, Concrete Walks~ ~. ' , 3024112-580-63.15 $4,000 Tennis Center-Fence:Rep~* ' ~' ~ ~ .... ' 3024112-580-63.15 i $4,500 Public Works ~ RL-place Overhead Doom:in!Fleet 3024116-580-62.01 i $12,000 Police Station - Repair Skylight (Kalwall) 302-4117-580-62.01 $6,000 Call me with any questions or request for additional information and thanks for your assistance. pl Attachments CopT. Christine Roberts, Assistant Public Works Director - W/O Attachments t am pleas0d to inform 3mu that your proposal puraamm to ~ ~ave Bid (~r iu~t~ons ~ he~ on Tu~y, F~ 6, 2~1. ~ia ~o~t'i~ fo~ a ~ Of ~o (2} ye~ the llmita ,a~ a~t foci Can'tifieat~ mu~ be on This fax was sent With F~Xmaker FAX Server - For more :,nformat~on. vis,t: ~ttp:/h~ww. gflfax, corn FACILITIEs ~E~v. & OPERATIONS FAC HGHT/SOUTI! (56]) 276-1218 345 S CONGRES AVENUE DELRAY BEACH, FL ~S4~ ATTN~ GARY GEI.LER~NN PREVENTIVE ffA:NTEHANCE SUPPORT DBA PHS ROOFING 160 N ~ 2qTH !:TREET #]6 BOCA EATON FL 33~51 O77-341-1~2~ *NOTE *NOTE *NOTE *NOTE ORDER I ~ BOARD OF COUNTY co..,ss,o.E.s PURCHASING DEPARTMENT www.p~gov.com/pur AGREEMENT NUMBE~ RFQ0 IFN6~85 91066000000 5,800.OOO00D TO I:~PAIR HULTIPLE LEAKS IN NETAL ROOF AT DELRAY C~VIC CTR. AS SPECIFIED [N ~FU#OIFH6-83. PC O11SSOOnO0~ IMPORTANT THE ABOVE NUMBER MUST APPEAN OM ALL LABELS. PAC~(ING SLtPS. TRANSPORT DOCUMEBTS INVOICES AND CORRESPONDENCE BOARD 0F COUNTY CO~[SS[0NERS PA[~ BEACH COUNTY F[HANCE ~EPT P. 0. B0X ~056 HEST PAL~ ~EACH, FL 55~82-~056 TELEPHONE ~ 561-~55-2912 ALL SPECIFIEATIONS, TERMS, AND CONDITIONS OF RFQ #OIFH6-85/SS SHALL PREt~AIL. PRICES SUBHITTED BY PHS ROOFING 8/05/0]. UPON RECEIPT OF PURCHASE ORDER, VENDOR SHALl. CONTACT KEVIN HINOR AT 561-276-1558 TO ARRANGE SCHEDUEING OF NORK. BUYER NAME STEVE SANSON P.B C, PURCHASING DEPARTHENT 50 S, .N[LITARY TRATL, SUITE I~EST PA) *~ I~EACH, FL PHONE.' ' ~t 616-6800 TELEPHONE I' .... ' EXEMPTION STATE TA): EXEHPT[OU NL~BER 60-22-115197-53E 'ORMATION FEDERAL /xcrsE TAR EXEHPT[ON NUHBER 59-7~-03~qK EXEHPTIOH CERT]FTCATES .ILL BE HAILED UP~ REQUEST ~OOJ I!ESP. AOCY- ~BO.,~ag~: 08~ 5,800.00s £ £ -- ORDER TOTAL - 5,800.t PAGE HUMBERt ~3q15-$199 A~THORIZ~' ~Y DIRECTOR OF~;raRCHAS[NG ~,iTIt STP .... ~09 t8 Ot /09 28 O[/NET 50 . :.. B LL :TO l & vuuu~ I DES'I]NAF[OH PALH SEACH COUNTY FINANCE uuoO00 ' JOHN PRINCE PARK TRA[LE~ ALt SPEC[FiCA PREVAIL. pprc~O~S, TERNs, AND VENDOR SH~F~_S~H[TTED ~y ~-~-~ONS OF RF~ ~O]F~600009[/SS SHALL OF ~ORE. ~.~u~TACT TONY HUR~"~"~FiNS ~/]7/0~. UPON ~'ECE[PT OF P.O. ZEMPT/OM J *STARE TAX EXEpipT[oN DATE: 09-18~2~e] RESp. AGCY. 6~0 ENDoE PHONE ~= FAX 561-39~-~a~ .., - 6801 1-616-6809 5,300 PAGE NUHBER: AUTHOR]ZED BY ~TRF£TO~ OF PURCHASING PREVENTIVE 160 NW 24TH BOCA RATON YEN: 15134 MAINT SUPPORT SVCS STREET # 1G FL 33431 -o ~aKley Cog Page: 2/4 CITY OF CORAL SPRINGS TAX ID# 16-27-196905-54C Date '1/1/01 2:38:54 PM IPURCHASE ORDER No. 033976 BILL TO: CITY OF CORAL SPRINGS ACCOUNIS PAYABLE DIVISION 9551 . SAMPLE kD CORA_ SPRINGS FL 33065 SHIP TO: Ct7v OF CORAL SPRINGS AS DIRFCTED CORAL SPRINGS FL 33065 ~ [ BLDG = / L,DO J JB 770 056 ~ ROOF INSPE ' OF MULLINS 1 .00 JB ' CONFIRMATION COPY DO NOT INSPECIION POOL BLDG = 770 056 ROOF INSPECTIO~ OF MULL!NS ANNEX BLDG RISTIAN E. IRR RA~ MATIAS ACCOUNTS PAYABLE UNIT COST DUPLICATE 1~5.0000 185.0000 =$185 )0 TOTJJ. 185.00 185 O0 PO-TOTAL 1333 OO PAGE 2 954- 344o 1103 954- 34A. l_D96 SEE REVERSE FOR TERMS AND CONDITIONS Fee Schedule 1. Inspections: Impectiom include all items on the insp~tion checklist (attached) a. 10.000 ti2 $425.00 b. 10.001-25,000 ff2 $612.00 c. 25,0,O1-50.q00 Ii 2 $762.50 d. so,061-75}d6d ~2 $875.00 e. 75,001-100,000 ff. *- $987.00 f. 100,001.to 150~000fl2 $1.137.00 g. i50,001-20~-000 ff ~ $1,765.00 h. 200.001-250,000 ft 2 $2.236.00 i each --50,000 fr 2 add $1;200.00' j. mmsture surveys $.01~,03/ ~essure Cleanings- Minimum charge for per maintenanca call not a~ssociated with a maintenance contra~ is $350 Maintenance Repairs: Upon authorizafionby Owner. complete the repair and maimermnce work on a Time and Material Basis as follows, such material labor costs to include overhead, equipment employee benefits, material disposal, etc, Material: Labor: Cost plus 50%~ Supervisor (if required). Foreman~Mechanic (if required) Mechanic S96.00/hr S76.00/hr S64.00/hff' ' Many roofing contractors hide costs here by dividing by a decimal and .multiplying by a negative. Other roo£mg contra~ors charge aald hourly rate and add a cost for the different kinds ofrepairs-PMS charges you only for the labor. Reporting: Them is no cost for regalar reporling and records mairaenance as part of a Preve~w Maintenance program. This includes maintenance ofyour client server onthe interact at www. pmsroofing.com The sum of these corn c,'m be interpolaled as an e.stimate fer an annual fee 1br a 5-year Preventive Maintenance Plan. Any £mal figures must include travel time and per diem~ This faxwas sent Fora the PMS server network- For more inforrnatton WSlr: n~p:/Pvcmcv, pmsroofing corn From: 761-$94-z3! i To Oe~:'ey Ogg CITY OF CORAL SPRINGS TAX ID# 16-27-196905~54C $ PREVENTIVE HA1NT. SUPPORT SVCS 160 NW 24TH STREET s 16 P BOCA RATON FL )S431 L I E VEN: 16134 R ~CCT #30255015416401 06/2001 NET 0000021166 _~.__n 1,00 1.oo JR JB 1 00 1.00 PURCHASE ORDER No. 033976 BILL TO: CITY OF CORAL SPRINGS ACCOUNTS PAYABLE DIVISION 9551 ~ SAMPLk RD CORA. SPRINGS ~. 33065 SHIP TO: CiTY OF CORA_ SPRINSS AS DIRECTED CORAL SPRINGS FL 33065 CONFIRMATION COPY DO NOT 770 056 ROOF iNSPECTION OF CITY CENTER -$408 O0 DUPLICAT 408.0000 3/07/2001 770 O5fi ROOF INSPECTION OF SATORY HA. L $18E O0 JB 770 256 ROOF INSPECTION OF MULLiNS OPERATION BI. DO JB 770 056 ROOF INSPECTION OF MULLTNS TACKLE FO0 BALL 185.0000 185.0000 185.00 1Bb.0000 4Off O0 18~,00 i85.00 185 0¢ KRISTIAN E IRR auiJ~ nons ON PURCHASE oeoens CALL: ~AY MATi^S 954-2.~J.-1103 ONS ON INVOrCF$ CALL: A C C 0 U N T S P A Y A B L E 9 S 4 PAGE L CONTINUED NEXT PAO: 344-1096 SEE REVERSE FOR TERMS AND CONDITIONS VL-CONSENT AGENDA ITEM C.11 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 CHANGE ORDER FOR ADVANCED ROOFING, INC., IN THE AMOUNT OF $26.725 FOR A MODII=ICATION OF THE REPAIRS TO THE POLICE STATION LOWER ROOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS. the City Commission. upon staff's recommendation, has deemed it and in the best interests of the public, to approve a Change Order for Advanced Roofing, Inc., for a modification of the repairs to the Police Station lower roof in the mount NOW, THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION OF YNTON 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 approve and execute a Change Order , Inc., in the mount of $26,725. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of December, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Order- Advanced Roofing 121201 Requested City Commission Meeting Dates [] November 20, 2001 [] December 4, 2001 [] December 18. 2001 [] Sanuar~ 2. 2002 VI.'CONSENT*AGENDA ITEM C. 11 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 (5:00 p.m.) Decerab~r 5. 200I ~5:00 p.m.) December 19, 200l (5:00p.m.) Requested City Corramission [] January 15,2002 [] Febraary 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.j 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 [] Annotmc~nent [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the change order request to ADVANCED ROOFING, INC. for modification of the repairs to the Police Station lower roof for $26, 725. ~-~ EXPLANATION: Once construction began to the lower roof section of the Police Station it was found that the r0ofmg membrane was wet and that the manufacturer would not warranty the roofing system specified due to the moisture. With assistance from the contractor and the manufacturer the corrective alternative to apply a Thermoplastic Single-Ply Membrane Roof with a 15-year manufacturers warranty has been determined to be the best proactive measure to ensure the integrity of the building. See attached Memo #01-090. PROGRAM IMPACT: The purpose of this change order is to provide a roof system that will eliminate the moisture in the rooting membrane, re-seal the roof, and to provide a manufacturers warranty for the roof for 15 years. FISCAL IMPACT: Funding for this change order is recommended from the deferral of the following projects. . . Description Account Number Budget Amount Civic Center - Replace COndensing Unit 3024 105-580-62.01 $3,700 Civic Center ~ Rebuild Generator Bldg/Fuel Tank Replace 302-4105-580-62.0t $13,500 Hester Center- Emergency Lights* 302-4109-580-62.01 $2,000 Tennis Center-Concrete Walks* 3024112-580-63 15 $4,000 Tennis Center - Fence Repair* (Actual budgeted mount - $4,500) 302-4112-580-63.15 $3,525 *Should conditions dictate, FaCffit~ Management will attend to the projects marked~by an asterisk with in-house staff. t s Public Works Department Name City Attorney / Finance / I-lnraan Resources S :kBULLETIN~ORM SXAGENDA ITEM KEQUEST FORM.DOC TO: FROM: DATE: SUBJECT: PUBLIC WORKS DEPARTMENT Memorandum No. 01-090~ Bill Atkins, Deputy Finance Director P_~ocuremen[ Jeft~ey Livergood, Public Works Director Richard A. Fiege, Facilities Management Supervisor~[: Paula J. Leblanc, Administrative Assistant November 28, 2001 Facilities Management Change Order Requests Please process the following roofing change orders. Agenda Item Request Forms are attached for each change order request. Overview Summary of the Change Order Requests (Detailed justification is available below this chart.) Advanced Roofing~ Inc. Original Contract Amount ' $48,825 Necessary change due to moisture that was found in Chanl~e Order Request $26,725 the lower roof of the Pohce Station. Adjusted Contract Amount $75,550 Preventive Mainienance Support Services, Inc. iori~nal Contract Amount $5,000 Necessary change for better addressing the Chan~e Order Request $18,975 maintenance/repair needs of all City roofs. Adjusted Contract Amount $23,975 Advanced Roofin~- Inc. - PO #12982 (Acct g001-2511-519-62.01): In order to complete the mol repairs to the lower mol at the Police Station, Facilities is requesting a change order in the amount of $26,725; this Change order request would bring the purchase order amount from $48,825 to $75,550. This is for a new 2001 Company CPA Thermoplastic Single-Ply Membrane Roof with a 15ryear manufacturers warranty for a cost of $43,200 with a $I6,475 credit for the RPM Coating on the lowerroof that was bid. This change became necessary when the contractor found out that not only was the membrane of the lower roof was wet, but that the.manufacturer would not provide a warranty for the coating as currently required in the contract. This is neither the fault of the contractor nor that of the City. The sub- surface mol moisture conditions could not be fully assessed at the time of the project scope definition and moisture levels only became apparent when the actual construction began. As a further comparison Facilities verbally contacted five contractors who are author/zed installers, receiving responses from four of the contractors and found that Advanced Roofing came in as the most competitive quote. Copies of the proposal for the change order, a roof moisture survey, and quotes are attached. Bill pttkin~ November 28, 2001 Page 2 Preventive Maintenance Support Srvs., Inc. - PO #20475 (Acct #001-2511-5149.17): Facilities has been experiencing leaks in several City facilities ai~d find Chat it would be in the CiW's best intere_st' if we would bring in contractual assistance for roof inspections, pressure cleaning, maintenance repairs and reporting to efficiently maintain our roofs. Furthermore, initiating t~s extensive roof maintenance/repair program would greatly improve avoiding the reoccurrence of the problem we are presently experiencing in the' above change order request. Presently the contractor that we have a blanket with is just handling extreme emergency maintenance repairs, but they are under contract ~ith_th~ .City of Coral Springs foran Open-End R0o~g Contract (Bid #0~-C-020F / Effective: 02/06/01 through 02/05/03). In order to achieve the move m~mtigned, the blanket purch,ase order would need. to~ be increased from $5,000 to $23,975, therefore, I am requesting Change order in the amount of $18,975. C0pies ofthe City of Coral Springs bid,award letter and a fee schedules are attached. :~ It is the recommendation of Facilities to defer the following pr,ojects in the C.I.P. Budget totaling $45,700 in order to fund these change orders. Should conditions dictate, we can attend to those projects marked by an asterisk with in-house staff. C. I.P. Project Account Number Budget Civic Center- Replace Condensing Unit 302-4105-580-62.01 $3,700 Civic Center- Rebuild Generator Bld~Fuel Tank Replace 302-4105-580-62.01 $13,500 Hester Center- Emergency Li~Jats* 3024109-580-62.01 $2,000 Tennis Center - Concrete Walks* 302-4112-580-63.15 $4,000 Tennis Center - Fence Repair* 302-4112-580-63.15 $4,500 Public Works - Replace Overhead Doors in Fleet 3024116-580-62.01 $12,000 Police Station - Repair Skyli~at (Kalwall) 3024117-580-62.01 $6,000 Call me with any questions or request for additional information and thanks for your assistance. pl Attachments Copy:. Christine Roberts, Assistant Public Works Director - W/O Attachments REQI;tlSmON NO. !. 6 ~,. 3 6 DATE WANTED t~Zr~ BOYNTON EAdH, L "6A PROCUREMENT SERVICES - 100 EAST BOYNTON BEACH BOULEVARD P.O, BOX 310 BOYNTON BEACH, FLORIDA 33425-0~10 ~DEPARTMENT ffAC~L~T~Es/CA~L Advanced Roofing, Inc. "Committed to Quality" 4345 N.E. 12th Terrace Fort Lauderda[e. Florida 33334 September 28, 2001 Mr. Jeffrey Livergood CITY OF BOYNTON BEACH 222 NE 9t~ Avenue P.O. Box 310 Boynton Beach, FL 33425 RE: P.O.//012982 - Police Station Dear Mr. Livergood, Enclosed please find the moisture survey conducted on the lower roof this past week. As you can clearly see the roof has excessive moisture in the lightweight concrete which prohibits a coating like Geogard to be used. Advanced Roofing would like to help you with this situation. I have proposed to you the 2001 Company roof system that will dry out the wet lightweight concrete in lieu of removing it completely down to the metal deck. We realize that there may be budget constraints that prohibit this system fxom being installed at this time. If we can be of further assistance please don't hesitate to call. Please contact Danny Stokes or myself at your earliest convenience to discuss. Sincerely, Project Manage~ F~hone (954) 522-6868 * Florida Wats (800) 638-6869 * Fax 954/ 566-2967 www. advancedroofing.com Certificate Of ,~uthorization # 0008172 September 26, 2001 Advanced Roofing 4345 NE 12th Terrace Fort Lauderdale, Florida Boynton Beach Police Station 100 East Boynton Beach Blvd. Boynton Beach, Florida IRT # 01-0632 In compliance with your instruction, IRT-ARCON Inc. conducted a Roof Moisture Survey on the above-referenced project. The results of this survey are enclosed herewith. IRT-ARCON appreciates this opportunity to be of service to you. If you have any questions regarding our report, please feel free to contact me at your convenience. Respectfully submitted. - IRT-ARCON. Inc. , Lb Tedder, RRO, C$1, RCI President & Senior Consultant BT/dr Sealed Contents: pages I-8 Attachments: roof drawing and gravimetric analysis 281 NE321M Sm~ - Fort ~4mlerdale. FL 33334 9~4/630-~201 - F~9~4/6~-0~06 - 8118/~18-g37~ Edwin Willnlma, RRC ~ RRC g0182 Roof Moisture Survey For Boynton Beach Police Station 100 East Boynton Beach Blvd. Boynton Beach, Florida Prepared By IRT-ARCON Inc. 281 NE 32nd Street Oakland Park, Florida 33334 September 26, 2001 IRT g01-0632 TABLE OF CONTENTS SECTION SYNOPSIS A. Synopsis ........................ INTRODUCTION A. Authorization ..................... B. Scope ......................... C. Previous Survey .................... D. General ...... : ................. FII~J ~D SURVEY B. C. D. E. F. General Observations .................. Cores ....................... Roof Plan ....................... Nuclear Moisture Survey ................ Material Sampling .................... Gravimetric Analysis .................. GENERAL OBSERVATIONS AND DISCUSSION A. Site Conditions .................... RECOMMENDATIONS AND CONCLUSIONS G-eneml Recommendations APPENDIX -Roof Plans -Nuclear Moisture Survey Readings Plan -Crravimetric Analysis SECTION h SYNOPSIS A. SYNOPSIS On September 25, 2001, a survey of the to.of was performed at BOyntan Beach Police Station located in Boynton Beach, FlOrida, Visual obserVatiOns and a moistuie survey havebeen made, the data has been carefully analyzed for your review. The roof areas surveyed, consists of approximate total of 14,426 square feet. The roof system consists of a single ply over, lightweight/EPS over, a concrete deck. Roof core samples were extracted from roof sections to identify the roof composition and moisture concentranons. SECTION 2: INTRODUCTION This report represents the results of a Roof Moisture Survey conducted for Advanced Roofing. The survey was conducted on September 25, 2001. A. AUTHORIZATION - Authorization to perform this evaluation and analysis was in the form of a signed proposal to IRT-ARCON, Inc. by Mr, Scott Calvis. B. PURPOSE The purpose of the Roof Moisture Survey was to determine the location and extent of subsurface moisture concentrations only. C. SCOPE The scope of the Survey included three (3) roof cuts, for Gravimetric Evaluation and system composition, a nuclear moisture survey, and field and [aboratoE~ testing. Testing for asbestos-containing roofing materials (ACRM's) was not performed as part of this survey. Information was also gathered to allow for the preparation of a roof plan, which also includes the moisture survey data in order to provide information for report preparation. It is to be noted that within the scope of this project: · The structural adequacy of the roof deck and structure was not determined. · The drainage, a~cluacy was no[ de, t~rmine~, · .T,~ ~e~i~sb~os-c0rtt~ningir0of~m~, .~[erials (ACl~3Ws) vqas ~ot determined easurements of roof areas were made u ' mpmg proceaures, anct are assumed tO be accurate within typical field measurement tolerances. Some of [he ~tem~ n0te¢ above :are r~ot ~,ncluded :by the sc0pe~ of this report to have more than a visual value ?udgiiaCi~t.' The)?' are:notea% ~the ,field ~:~port to need more in depth study.~ IRT-ARCON~car~ .~gt be held responsible fq[ ~Y. damage or inju~ as a result 'of nonperformance of these ih de~ ~di~s. ' ' D. PREVIO_US SURVEY NONE E. GENERAL The observations and recommendations presented in this report are time dependent, and conditions will change. [RT-ARCON warrants that these findings have been promulgated after being prepared in accordance with generally accepted practice of the roofing industry. No other warranties are expressed or implied. SECTION 3: Fr~.l.O SURVEY A. GENERAL OBSERVATIONS Exterior visual observations were made by IRT-ARCON personnel. These observations included roof composition, and visual deck observations. Cursory observations of the building structure as it relates to the roof were made, which should not be considered a structural analysis. 7 B. CORES :'- SINGLE PLY LIGHTWEIGHT/EPS C. ROOF PLAN Field measurements were made to provide data for the pmparauon of roof and roof component reporting. Typical features noted included: 1.) 2.) 3.) Area dimensions Contour Map Relative Moisture Ranges Nuclear readings Dimensions were determined by IRT-ARCON personnel using normal measuring procedures. Locations are shown on the rotor plan: and dimensions are assumed to be accurate within typical field measurement tolerances. D. NUCLEAR MOISTURE SURVEY A nuclear moisture meter was used to detect indications of substrate moisture at regular intervals over the roof surface. In accordance with the grid system selected, a grid drawing was prepared for careful recording of the radioisotopic inspection form. On the roo£ grid lines intersection locations were painted on the roof surface to identify the pe~nts at which the moisture r~adings would be taken. For the nondestructive radioisotopic inspection, all readings were taken using a Troxler Nuclear Moisture Gauge. The Troxler Nuclear Moisture Gauge detects hydrogen content by bombarding the roof area with high speed neutrons which collide with hydrogen atoms, and rebound back to an electronic sensor. A numeric display indicates the number of collisions per minute. The higher the reading, the higher the hydrogen content; and theoretically, the wetter the material. All nuclear readings were taken on 7.5 second duration to the depth of eight inches (8"), with data from each reading being accurately recorded on the Roof Moisture Map. Primary readings were taken for the radioisotopic inspection. Additional secondary readings were taken, as required, that either presented hydrogen ~n forms other than water, or otherwise. prevented consistency of the roof sample. Three (3) roof cores, totaling six (6) samples, were taken, sealed for subsequent laboratory analysis, and tested to establish penitent quantitative moisture data'for this report. Since the readings Were taken at specific points on a grid, some areas c0ntain!ng moisture may exist between tl{e grid ,points which were,'n°t detocted. Careful obsemation should be made dUring any subsequent remofiug or ~habili~on of these roofs to det~c~ ~d ~ove substrate molsr~ure. E. MATERIAL SAMPLING As part of the survey, samples of the membrane and substrate were taken for observation and testing. The localxon and number of cores are presented on the Roof Plan and in the Laboratory Test Results, lOCated in the Appendix. Prior to cutting the cores, the surface was cleaned. The cores were taken by cutting out a small four inch (4") sample of the membrane and insulation (membrane and insulation were separated). The samples were placed in an airught shipping containers for transportation to our laboratory. F. GRAVAMETRIC ANALYSIS - Roof material samples were placed in an airtight container at the job site. transported to our office laboratory facility, weighed as a wet sample, and oven dried for 24 'hours minimum at 220°F; then re-weighed as a dry sample. Then percent of moisture is calculated. SECTION 4: GENERAL OBSERVATIONS AND DISCUSSIONS A. SITE _CONDITIONS The following information presents the results of the field observations and nuclear moisture survey. The test data reported represents the roof condition at the locations sampled. Variations may occur between sample areas. Weather conditions at the time of the survey were a high of 89o and cloudy. SECTION 5: CONCLUSIONS CONCLUSIONS: As per the Industry Standards, .'tM ' msture content of the ex~sting roof system assembly shall not exceed i0 - 25% by weight in the ro0fmembrane and/or in the insulation system". There is unacceptable le~,els of moisture in the lightweight concrete above industries standards. (See roof diagram fo~ locations ~haded iii blue). SECTION 6: APPENDIX Nuclear Survey Readings Gravametric Analysis Roof Area Drawing IRT It 01.06~2 Te~lmMlana: David F~plnoza ~epte~ber 25, 2001 -- : - ~ Gravimetric Analysis Boynton IMaeh Police 8taSo WEIGHT WET WEIGHT DRY WEIGHT WEIGHT OF WEIGHT OF 1~0 EaM Boynton Beach Blvd OF CAN + CAN + CAN SAMPLE WATER % MOISTURE Boymo. Beach, Miami (G~RAMS) (GRAMS) (GRAMS) (GRAMS) (GRAMS) 11 SINGLE PLY 6.0 24.2 24.0 16.0 0.20 1.25 LIGHTWEIGH~ it:p:~ 9.4 87.6 77.0 6_7.6 10.61 16.00 22 CORE Il SINGLE PLY 7.8 20.5 ' 20.1 12.3 0.4~ '--- 3.33 LIGHTWEIGHT/EPS 9.5 109.2 82.4 72.9 26.83 3680 82 ~,~E # H.17 ' SINGLE PLY 9.7 30.7 28.7 19.0 - 2.03 10.67 LIGHTWEIGHT/EPS 9,6 109.7 77.1 67.5 32.61 City of Boynton Beach Police Station 100 East Boynton Beach Blvd. Boynton Beech, Florida PA-126 MOISTURE SURVEY September 26, 2001 IRT # 01-0632 KEY CORES SLIGHTLY ELEVATED ~:~ MOISTURE · DRAINS ABANDONED PENETRATION PATCHES 31~ 17 15 19 13 ~22 14 ~23 13 17 14 18 16 14 16 25 i 21 17 19 15 16 11 14 14 13 23:24 20 13 12 25I 19 20 24 24,:~26 16 17 16 11 11 17 12 13 12 18 20 ~ ~ r:; ~ 14__ 11 8 16 15~11 10!26~18 13 13 14 1128~i~ 27!! 21 ~r~ !~'32 1 82 167 1 56 129~ 16 12 14 21 t22':22~:23:!~"50~ 73 64 39 34~18 14 12 18 16 14 16 19 20 23~21 23~13 Advanced Roofing, Inc. "Committed to Quality" 4345 N.E, 12th Terrace. Fort Lauclerdale. Florida 33334 September 12, 2001 Mr. Richard Fiege CITY OF BOYNTON BEACH 222 NE Ch Avenue Boynton Beach, FL 33425 RE: ?.O. ~012982 - Police Station Dear Mr. Fiege, Advanced Roofing, Inc. is in receipt of the letter from Republic Powdered Metals indicating that they are not going to approve their coating over the wet lightweight concrete deck. We have explored our options for installation over wet lighiweight concrete and propose the following: Advanced Roofing will install a 2001 Company CPA thermoplastic single-ply membrane roof over the existing roof system. The new roof will be a 50-mil white heat welded system and will carry a 15-year manufacturers warranty for material and labor. This system utilized on~ way valves to vent out the moisture in the lightweight concrete. Coating manufacturers will not watra~ coathags over wet lightweight concrete and the installation of a conventional roof system would require complete removal of the wet ligl-a~eigla concret~ prior to installing a new roofsy~em. Im~.m-~ the 2001 Company roof system will In'evem you from having to remove the entire roof system, including the lightwelghi concrete down to the metal deck. In addition the 2001 Company roof system will dry out the wet lightweight concrete. The change to the contract would be as follows: Total Contract Credit:for RPM coating on lower roof Add for new 2001 Company Roof System Total new contract amount $ 48,825.00 (16,475.00) ~ /'/'-/'~ '-¢ ' $ 75.$50.00 Phone (954) 522-6868 · Florida Wats (800) 638-6869 · Fax (954) 566-2967 www. adva ncedroOfing.com To: From: Date: Subject: 'Oakley Ogg / Palm Beach Facilities Mary Jewell May 2. 2001 Boynton Beach City Hall/Police reroof project Hi Mr. Ogg, The following 5 contractors are authorized 2001 installers and recommended on the above job. Advanced Roofing, Inc. 4345 Northeast 12th Terrace Fort Lauderdale, FL 33334 Scott Ca Ivis 954-522-6868 (fax) 954-566-2967 Best Roofing 201 N:W~ 12th Avenue Pompano Beach, FL 33069 Gregg Wallick 954-941-9111 ~ ~ .5-,~ ,-,~:-c (fax) 954-941-7447 Coatings Application & Waterproofing P. O. Box 653 Palm City, FL 34991 Charlie Ward 561-285-0172 (fax) 561-220-4885 Mutton Roofing 7860 NW 67th Street Miami, FL 33166- Jim Murton (fax) 3u5-o92-538o~ 305-592-6721 Triple M Roofing Corp. 914 N.W. 19th Avenue Ft. Lauderdale, FL 33311 Frank Rice 954-524-7000 (fax) 954-524-0248 Feel free to call if you have any questions. Thanks. ~.~ ;.----: _ Mary D. Jewell Integrated Roofing Systems. Inc. /y September -~ 1'; 2001 SINGLE PLY & ::~ATING Mr, Richard Fiege City of Boynton Beach P. O. Box 310 Re: Lower Roof section at the Police Station Dear Richard: Recently a more extensive inspection of the lower roof section at the Police Station was conducted to determine the if the roof was acceptable to receive the Geogard Coating System, Core cuts were taken and examined for moisture content and to evaulate the condition of the existing Geoflex PIB membrane. The roof cuts revealed excessive amounts of moisture in approximately 25% of the lower roof section with deterioration of the existing membrane, These facts will not allow Republic Powdered Metals, Inc. to approve the application of our Geogard Coating to this section of roof. The upper roof section revealed that the lightweight concrete to be dh/and the membrane in good condition, This section of roof is acceptable to coat using our Geogard~Coating System for restoration. If you have any questions or comments, ;)lease give me a call to discuss. Sincer.ely; Technical Product Manager cc: Danny Stokes Don Rolston Chuck Ferds Advanced Roofing Roofing Concepts, Inc. Republic Powdered Metals, Inc, Republic Powdered Metals, Inc. 3735 Green R~act · Beachwoco, Ohio 44122 Customer Secvice Phone: 888-742-7759 · FAX: 888-742-1759 Techpm~t Service Phone: 800-551-7081 · FAX: 800-382-1218 /5- / / / / in place. 7t'wO r~as r~%/~g ~bv ,Washington D.C. sponsored by the U.S. ,National Bureau of Standards and National :Roofing Contractor= a.,socmnon (NRCA). 'Tbe &~t reRort by OR.~Z titled. "A W~le 5~u~g D~monstra~on 0fRe-Co~r ~ actual/oafs ami laborato~' a~' of'~ < t,a~o~ wel it~tlation& Aut~r~ ofRepo~: & Dcs]a~ai~, E CI~.Z P~. J. Ch~t~m. H. Mc~i~ THE REPORT SHOWED THM EXISTING WET ROOFS CAN DRY OUT WHEN THEY ARE REROOFED. Thc exi,.cting roof on an O~.N'L Building was verified to be water saturatcct by nuclear reinstate capacitance, iafrarcd suv,-ey and verifi/ing core cur tesr~, The wet root assea,d~h.- having an t~timated ,'%0 gallons of water was reroo&d and smenriricalN monitored for drying by thc scientists at O~'%.',~qmin 18 moact~. tl~e existing, wet roof assembty had Oacd out substantmlb- to t't-turn the R-~luc to {he ex~-ting CONCLI2~ION: Lxisting wet raofs do nut have ~o be tom oft. Thc insulation "R' value ream a~ the existing wet raof substrate our as it [~ ~xposed ro low pressure. Title t~RI.¥CIPI.~ TO ACCOMPLISH THIS DRYI,¥G: Expose moisture to low pressure mid air cxchange. LOW PR[SSUR[ AHDAIR EXCHAHG[ l'be se~.emd ,report t)y OP.N[~ ,qtled, ,"Laboratory,,M. ea~urements of the Drying Rates of LOw-Slope Roof'm$ Systems described bou Oer~i~tured belou: T~i~ cham~r ~as pu~ t~o~tl a series ~tmt ~t ng c inmt¢ con. fiinon~ fO:veco~d the water ~'apor pecm~bilitv of the ~ anou~ iow siopec~otinst~a~ions and their s~c~c dD-m~ mte~. ~k~a proxidcs the cai~Manafl~ ~c) est~ate the lI~< a~ ex,sung wet ~ compuce~' prog~m to prcdic~ the d~ymg du~fion of aa c~fi~g roof ,tsscmNv has Been ~Mveloped by t~eOak ~ National th~ lbll~'ing parameters o~ ~ speca~< building mu~: he en~et~dln:o ~hc Internal building tzmpcmmre lmcrnai building tmmidit,. Exi~ang rtxff ~semBly New mol as~embb Area weather determined b~ z~p code COST SAVINGS TO value Sa,;e exis-dng i Sto~ for desired'R" from n~or TWO M~HODS TO DRY A WET ROOF Internal roof assembly drying Hot air convection External roof assembly dqSng Wind-uplift tgap.$ fer ORAL 7es: WILL PLAIN 001CO N¥-ROOF DRYIHG TI[C#NI(}U[S PRESSURE = AIRMOLECULE SiZE · An air molec~ll¢ is e~iSric. Ii ~an- be pressed ur expanded, to expand ~nd con~ct, · ~ md currents over ~bmldmg catmes air molec~ilc~ rb:~xpa~and contmct~ ~mp~d ai~= ~ p~ure ~andcd air Hot ~ = iow pi~ w,o,ms. , mssu, . ~ampic~ uf Iow pressure ca~qing ~qui~ va~rize. ~oil or cva~mte: ~ Reiease t~e ~-al~ on a liq~li~ oxygen boric and the pre~u~, will drop, c~amg liqmd to vaporize into a g&s. M~ note the expansion fins ~'ilt become cool ~ tt vaporizes, oectmling cox'crcd with Open a .,od:t t:otrle anti the !iqutd cadaOnate ga~ goes tmo :1 vapor ar atmospheric pressure catmng thc soda to ~.z~ O A cloche~, Oryer i~ a Iow pressure drying ~x. which will dr5' without heat. ~Watcr ~apor ri~es up from a lake with low pre~um ditferendal~.. ~cmlng cloild~i. Heat agitates w:lt~r mOletalles to a boil. All liquids are afore pre, sum .'~n~itive than heat ~nsitive for them m wa~fize. Yon d~ ~oc have to heat water to 212 d~e~ F~nge~r to va~dze ~t ~hc~'~e eve~ [~e it ~¢~, we would ~ve to heat thc ca~'s s~ce to 212 de~ee~ ~d we ~vouM ~ be d~. WF. ATHER IH TERMS OF HIGH AND LOW PR[SSUR[ .~ A SIMPLE £XPEI~M£NT .~.KING RAh~,I A. Fill a plastic 2 titcr bottle wi/t~ hot w~e~. Pour ou~ the hot water c~p the bottle t~gMl~' to trap hot alt B. Now place t~c bottle in a-freezer/hr a ti~ minutes. Take the bottfe from d~e freezer ~nd nortce how the ~le s~ks ~ue the cold contmcnon of [l~e air molecules; M~ notic~ the amount of con~cn. sation inside t~c plastic bo/fie as thc ~at~ wapor was ~uccz¢~ of the shewing ~r molc<ules. C. Reverse the procedure by put~g the con~en~ed ~hm~ bot~M m~crowave mr 50 <c0~, LOW PRESSURE IN THE ATMOSPHERE CAUSES RAIN Water on the <arth's su~ce and in ~[~e ~)~. when subjec~efl to lower pressure, will ~ apodzc, mpc up att~hed to a~ molt<utes until o~{cd b~ tl~e atmosphere and condcnsi~g into min. ~lc wearhcrm~n ~k about w~thcr in renns ofh~ an~ k)w pre~su~. Bands separate hi~ tem~atur~ :,ones for t~ da~. FRONTS: COLD WARM STATIONARY ro city an existiog wet roof as.~mbl~; 2001 Comp'any u~-s Iow pres~are from internal building hot air and from wind generated ncgati,'e low prem,'utes being tr, mslerred into the roof a:~ernbly. A ~ofi~ssembly, ~ dries uhen';,~ . entrap. Dad. water ts' ~3osed to lo~,~ressure, causing water to turn mia' Water capor ,- ~ The wttter vapor is then absorbed b9 d~. air molecules aha vented out o]' tbe roof assembl~; HOT AIR IS LOW PRESSURE The houe~t ;~k in a bulkKng ~:'Joats upward into t~ crag and ca~ pa~s th~oug~ ~il and SCre~ h~i~ deck oint5 and p~etrati~n g~p, int~ the mol ~'mbl)'. ~s hot mr -- low pr~st~ will ~ ~atcr to ~a~nzc water ~apo~ Heated ~r ~xpands and becomes ligl~,t,~t~.~'U~ ~ ,;*.,~ ~ h~c!l~ ballooa rises. TWO SOURCES OF LOW PRESSURE DRYING IN .6 2001 ROOF ASSEMBLY O LN'I~R.N..I~L: L~W pres,~ure from hot air insi~ the bmldMg m~gatmg up mia a roof aa~mbI)' thmugI~ a ~of ~ck c~ing ~quid mo~tu~ in thc roof a~mbly to change in[o wa:et vapo:. 0 EX~N~ ~ pre,surinam wine gmlemtcd x-~cuums on lop of the ~f membrane being [mnsfered mia r~f ~mbly [~ough 2001 Eq~lizer V~ves causing wace~ in a ~f as~mhly {o t=~r~¢. Hal Air or Va~Jum Expanded Air Hot Air klolecule Voctmm Expanded Air Air ~lecule 100% Absorbing Wafer Mdecule Absorbing Saturated wilh Water Vapm- Wate VQpor Vopar WAT[RVAPOR LOW Pressure ~ aporiz~ wa~et in a ~'oof assembly O Ho~ aa' m~grates tl~u~ c~:roof ~k into the roof ~mhly trom n~ide t~e bt~ding ~'~¢ roof as~mbly is hea~ed by ~o~r ~ Tile roof ,a~mmb[y is da~ doan,in ne~t,ve vacuum pressure m'~m wind upl~ Iow P~ssure bcir~ t~fcrred into the roof ~ Water ~por ts sucked out of the roof astrally throu~ 2~1 Eqtmlizer 2001 ROOF SYSTEM DR~SA WET ROOF ASSEMBLY WHEN" AIR MOLECULES ABSORBING WATER VAPOR LEAVE ' THEROOF ASSEMBLY Solar EQUALIZER VALVES VACUUM VENT MOISTURE OUT OF THE ROOF ASSEMBLY 2001 Company patented £qua~.er Valve Technology employs low pressure generated by wi~c~ over ~h¢ b~ ltd ng to vent a roof assembly of waz~ in t~n,,'i~- :u,'~ UlY~"ard migration °fwatct'~al~°r i~ vacuumed °ut °f the r°°f asvembly cbt°ugh °nc way valves PlaCed m wind v°r~eXofa building perimeter. ' Tile prc~ourcs at the building pe~'imcter edge. ! DtRECTION OF WIND ~'ne~c low prexsure~ c 2001 EqualiterVatve Equalizer V&lv~ t~as~ pcc~ure pcfimcte," areas to install i!;wi~dg,enerated k)w pressure into thc tn= perimeter edge. atenst/?ed at cornet~ et;vd perrmeter of the INSTITUTE OF Small scale model testing provides computer graphs of wind vortex Iow pressure intensities, to calculate structural~u~di~g needs. ~lso,.these wind graphs of a roof pinpoint areas to transfer the. maximum [ow pressure into a roof assembly. MIT WIND TUNNEL SMOKE TESTS VISUALLY SHOW WIND CURRENTS OVER A BUILDING Comer wind wind, it can I Equah'zer Valves SYSTEM ZOO1 DRI[S WET ROOt: AS~HBLI[S WITH lOW PR[SSUR[ G[Ni~RAT[D BY WINDAUTOHATICALLY TRANSi:[RRED INTO THE ROOf ASSEMBLY THROUGH ZOO1 [t~UALIZ[R VALVES ! ~O01.Ven?g Technology retards .common roof moisture entrapment problems such as blisters, etenorahon of membrane, adhestves, seams, flashines, insulation, fasteners, decks and other components of the roof assembly. The d~ng capab/li~/of the 2001 wind areas across the United States. Over 7 OuPant, Kodak, Sea~s, KMart, Target. Airports: Miami, OoJla~ Reno (Nevadal, For additionaf information an specJfic roofk in verified throughout ail ctimate zones and in extreme eon insfalled with this technology. F. xamples: ,41 Bazeman (Cope Cod). techniques of the 2001 Compa,y, call or write Q6723-2557 i1 ,cam Please feel free to contact your local-2001 Company Independent Soles Representahve: ©Janua~ 1997 1, PRODUCT NAME Reinforced PVC R~fing Membrane 200I Company LR 50 Roofing Membrane 2. MANUFACTURER 2001Company PO Box 2557' Waterbury, Connecticut 06723 Phone: (203) 575.9220 TOIl Free: 1-800-537-7663 3. PRODUCT DESCRIPTION ~asic Use'. 2001 Company LR 50 roofingmembrane is used to water- proof Iow slope roofs and unusually shooed roofs by solvent or heat welo- mg lapped sheets to form a mono- [ithic watertight covering 200t Company LR 50 roofing membrane ts reinforced for increased dimensional stability and tensile strength. These ~moroved properties enable the membrane be applied to the roof deck with spot mechamcai attachment, eliminating the need for ballast. The resuIting re- duced den6 loads make the mere- brine esoecially compatible for reroofing without removing the exist- ing roof, and lighter deck construc- tion on new projecla. The spot attachment also enables application on decks with greater than a one i~qch per foot slooe. Limitations;2001 Company LR .50 roofing membrane may not be used in physical contact with asphalt or petroleum products, wib"mut the use of a 2001 Company approved sepa, ration system. It may not be uSed where coal tar pitch fumes are I~esent. Corapc~tien and A4atedal~ Poly- ester reinforced plasticized poly. vin¥1chtoride laminate containing UV inhibitors, anti. oxidants and fungicide. Co/an Expc~m side t White S/ze~ Factory-made sheets in rolis 72 inches wide by 75 feet tong, 4. TECHNICAL DATA Property Thickness. Weight Breaking Strength Test Method j ASTM D7~1 ASTM D75 t {Grab Method.'- 0.05 in. 0.32 lb/fF 290 lb. Tear Resistance j Ply ^ribes. ion Permeance Dimensional Stabih!y Low Temperature Bend ASTM DTSI (Tongue Tear) ASTM O413 ~180' Peel) ASTM E96 ASTM D1204 (72 hrs. at 176% ASTM b2136 I 110 lb. 10 lbdm. 0.14 perms 0.5% -40':: pass S. INSTALLATION 2001 Company provides det~ted soecifications with detailed drawings for instaUat~ons of 2001 Company LR 50 roofing systems. The following are general instructions: Preparation of S~bs~ra~e: The sub,. slate on which 2001 Company LR $0 roofing membrane and accesso- ries are to be applied should be c~ean, smooth, free of asphalt or coal tar pitch residues, free of fins, sharp ar- ftC:es, oil and grease, as we~I as voids, depressions, sharp drops, and ridges. Placement of 2001 Company IR $0 Membrane: The membrane is rolled without s:retchin~ perpendic'~- lar to the continuous join: of the thermal insulation, excepr on steel deck, where the membrane ~s un- to!led pemendicular to the ribs of the deck. Tt~e adjoining sheets are placed in the same manner, lapping the edg~ o? the sheets already on the deck, a minimum of four (4) inches, End join,.s are staggered. A~er approximateJy 1/~ hour or relaxation, the top sheet is folded back along the overlap. Fasteners and 2001 Company Metal Plates are ap- plied through the bottom sheet along the lap line following2001 Compan~ spec,fic~tions regarding the applica- tion technique, spacing the v/pe oi fastener. The top sheet is rolled toward the bosom sheet until the top sheet falls freely into plaCe withc~t s~retching or wrinkling, providing a minimum 2 inches LSOmm) beyond the edge of the lap pla~e. The ctean lap area is welded two {2~ inches wide continuously using hot-air we!ding. The welding, solution should be kept away from the insulating sub- strate. Openings on the roof and the 2001, Company LR 50 membrane are ~ 5O detail on approved 200t:{Company drawin§s. OveHap the roofing mem- brane ~nd flashin~ on a hormonal Diane of the r~f a minimu~ ~ inch~ wi~ ~ minimum ~o (2) hob-air weid~ seam. All ~s check~ for in~r~ ~nd 2001 Company 6. AVAILABILITY AND COST 2001 Company LR 50 roofing membrane is available world.wide through 2001 Company representa- tires. Contact your nearest represen- tative for pricing information. 7. WARRANTY 2001 Company furnishes to the Seals are 8, MAINTENANCE If required, contaC~ 2001 ComDany. 9. TECHNICAL SER¥ICES 2001 Company provides detailed ins[ructions and consulting services to architects, en§inee~s and trained li- censed roofing contractors for speci- fying, detailing and installing Company LR 50 roofin§ membrane under vartotJs fie[d.concliti0ns. For techr~ica[ asststar~ce contact.: 2001 inc. PO Box 2557 Waterbury, Connecticut 06723 Phone: (203)$75~9220 Toil Free: t-800-$37-7663 10.FLU NG SYSTEMS SpEC, DATA· I! Additional ~roduct information available upon rec~ues: tThis tiaa is based on teszs believed ~o be ;;!iable. However, the, are typicaHaborator~ tests that may not s mulate actual use condit ons. They are. given only for your reforma- tion and 2001 Company makes no warrant~either express or implied. DESCRIPTION: A n.~cj.ged spun aluminum one-way vaive for use in various 2001 roofing systems. USE: Specifically designed for use in areas of me,mum .wincl induced negative pressure tc equalize pressures above and below the roofing membrane of va~ous 2(301 roofing wstems and transfer the forces resulting=from these-wind induced negative pressures either directly ar through a specially designed airseal to the sh'uctural deck. TECHNICAL INFORMATION: Material: .~pun aluminum Height:. 11-1/2 inches Cap Diameter. .8-1/2 inches Valve Diameter. 5 inches Thickness: .063 Gauge B~se Diameter.. t2-1/2 inche~ Stack Diameter. 6 inches APPLICATION PROCEDURE: Step 1. Install equalizer valves in each 2001 roofing system that requires their installation as called f~' in the guide specification and standard drawings far that system or as required by the 2001 Technical Services Depan'ment. Generally two (2) vatve~ are required at each comer with additional valves required around the r~o[ perfmeter such that the d~tanae between valves does nat exceed 50 feet. Step 2. A five ($) inch diameter hale is cut through the r.o?l~eg membrane at e~cn equalizer valve iocafion. If the r~oflng system is insulated, th~s five (5) inch diameter hole must extend through the. insulation down to the air seaL the deck. or the existing rc~f if acting as an air seal, whichever is applicable. Step $. The equalizer valve is then placed directly over the t'rve (5) inch hole anti adhered to the roof membrane and flashed as required by the appropriate standard drawing for '~he roofing system involvea. 2001 COMPANY L minimal a.qnu~ ma~nte- e of the tool Buildin9 SecTi~q Buila~g .~ddress Total Sqt~are/Ft; Warranty Penoo: t ) yea.~ trom ~ ¥ appt'ovet ct inatalla~OC, completed. This Warranty can Toe ex~endec[ ~tn tot [aoor and matar~a~ t0 20 ~eers. COnsui't 2001 Company for details, A. WHAT iS COVERED BY THiS WARAqlANT~? , 1r 2001 Company career field memtar~e is w~F~.e~i t~,~ time ;urc~Mea again~! me f~l~wing: 1. The natural deterioration of The 2001 ~.a~y fl~t~m ~e~tar~,~e. due to expe~te to ~e elemefl~. 2 C~¢~ine ~ue to expan~ °r ~ht~[~~°f ~e [~ ~ e~m~rane' 3~ Oe~m~o~iflon ~ the 2~I fie~:mem~ fr~ ~ ~n~g of 4, S~tlon Ct faoto~ ~bri~te~ 6. C~or ~etenO~n fr~t~Pe~'~~rvaaor un-er ~e2001 fie~ memorane, 7. Clacking ff~ s~ping ~ wrinkles or 8. ~li~ing off in,dar on jolts f~ ~ea: tr~sm~ss~n _ .. Should tee 2~I field membrane sys~e~ f~ ~r ~y of :~ a,~e re~ns ~urlng ~e Wa~an~ ped~. 2~1 ~ampany wi, maintain at no ~$t to pu~er, for m~:time ~rc~, :o eff~ a wa~t c~ion 8 WHAT tS N~ COVERED IN ~15 W&RRAN~? ~16 WARRA~ SHA~L ~E NUEL AND ~D IF ANY OF ~E FOLLO~NG CAUSES LEA~ OR DAMAGE TO THE ~1 R~fiING C. p~UAL C~E - C. ~e~s~ons~re~ve~°~~bya~0~ ~ h~app~tor, us~g2001Coma~y · YOU HAVE A R~ ~ ~ 1~7-7~. FOR [M~ Company to artatlge this service, ' [~3ny W~emu~. ~nnec~t 06~2-255~ ~. , m. m~ [~) ¢a~ 0t ~y ~k at 32S ~aston Argue, FO. ~ ~7. ~ner ri~a~d ~i~tor in ins~lllng me same. Owners rem~ies ~d 2~1 ~m~n~s D. ALL BILES 5~LL.BE PAID IN ~LL ~ 2001 ~MpAhY AND ~ ~E~RESENTA~VES AND BEF~E ~E2~1 COMPAN~ HAS A~ OB~GA~ONS UHD;m ~, = ~= = ..... ~1 COMPANY [ICENS~ ~PP~CATOR FROM BUILDING OWNER TO BU ~NG OWNER. C~NTACT ~-%%; ;=~,~ ~pany. THE WARRA~ MAY BE ~5FERAB~ ~- T~'Wa~W may ~ ~temd or ~enee~ only bya ~omte Officer of 2001 Com~y~ 200~ Co~a~ t~y ~u~ what--er, p e~ ~mpl e~ or ~p~en; ~ othe~ise ~. A~zt~fion shai~ ~e .... ~- -.::. ~ ~ .~ua~y ~y~e ~ ~isWa'a~isnotan~nsuran~o~guarantee~ng~atthem~natl~ nor sitan~outeman me 2001 ~pany zo make paym~,s tot ~mage to me ~uiidin~ ~ ~.,..,. ~.- ~o be ~usi~ teaks. ~= ~ me tepmr or ~cement of pr~uc~ ~ppti~ ~ 2001 ~mpany found 2~1 Company ~:hated eng,n.r or repr~b, a~ net 2~1 C~pany ~a a.~iates, rep.sen- P.O'~e rem~stataa he~ein ~r~ th.~ .~.~--..,...~__--~ _ _~uiM~g ~&~ w~ves s~rogati~ dgh~'on ~h&ff of i~ insurers in consideration ~ ~is Wa~nw. e"her ex"~ ;~i~l~';~';;~,~*~;;;~;~;for fa'iur' °t ~' 2001 ~fing s~em or ,~ ~mponen~ ~.ma~no~nante, ~1 ~a~uciing, AmOunt ReCeived: Re;/Di~-MI3utot:. N~TE: .S~ECIIqC ~CLUSlONS AND IN~AL ~N~ANCE ~ ~ A~ A~ACHED HERE ARE ~ ~E A ~ OF ~E ~U~ING W~RA~. 325 ~m~ton Av~ue ~} 575-~ · F~ (~) S~0~I L VI.-CONSENT AGENDA ITEM C.l. 2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Reouested City Commission Date Final Form Must be Turned Meeting Dates - _ in to City Clerk's Office Requested City Commission Meetin~ Dates Date Final Form Must be Turned in to Cit~ Clerk's Office [] November20. 2001 Novernber7,200l 5:0(o.m.) [] January 15. 2002 [] December4. 2001 November 21 2001 5:00 p.m [] February 5, 2002 [] December 18. 2001 December 5. 2001 5:00 p.m. [] February 19, 2002 January 3, 2002 (5:00 p.m.) January 16. 2002 5:00 p.m February 6, 2002 5:00 p.m.) [] January 2. 2002 December I9. 2001 (5:0('p.md [] March 5. 2002 February 20, 2002 (5:00 p.m. NATURE OF AGENDAITEM [-- Administrative [] Development Plans -- ~.< ~ Consent Agenda [] New Business rn [] Public Hearing [] Legal __ .~ ~ Bids Unfinished Business Announcement Presentation ~ ~ _~ -'] City Manager's Report co ~ RECOMMENDATION: Transfer of $1,274,162.00 from Visions 20/20 funds to the CRA by Resolution. EXPLANATION: At the request of the Chaff of the CRA. the City Comnfission has reviewed funds from the.Visions 20/20 project and has detenuined that a portion of the funds from the Boynton Beach Promenade and CBD Parking Project may be transferred to the CP,~.. The amount transferred from the Boynton Beach Promenade project would be $6I 1.000 while the amount transferred from the CBD Parking program would be $ 663,162. Please see sources and uses analys~s attached. PROGRANI IMPACT: These funds would be diverted from the City's Capital Improvement Budget. FISCAL IMPACT: Loss of $1,274,162 from City's General Fund. ALTERNATIVES: Do not transfer the lauds and continue with the projects as part of the City s CIP program as plamaed. These projects may be coordinated with the C[P Team and the CRA. d~ Depar~nent Head's Signarare City Manag~'s Signature Department Name City Attorney / Finance / Human Resources SSBULLETIN~ORMS~AOENDA ITEM REQUEST FORM.DOC Visions 20~20 Sources and Uses City Club Appropriation Less Wallace Roberts & Todd Design Intracoastal Nutting Engineers - Intracoastai Currently Available * $ 1.000,000.00 $ (13,800.00) $ (1,350.00) $ 984,850.00 Boynton Beach Promenade Less Property Appraisals Estimated Property Purchase Cost $ 1.000,000.00 $ (9,000.00) $ (380,000.00) Currently Available $ 611.000.00 CBD Parking $ 750.000.00 Less FEC Land for Parking $ (86.838.00) Currently Available $ 663,162.00 Total Available for CRA $ 1.274,162~00 * Note: Staff has ooked thru files on Vision 20/20 and found no reference to the City providing funds to rebuild a sea wall. The City Clerk's Office is doing a word search of minutes in 1998/99 to see if they come up with anything. t is believed that the "seawall" is the work necessary at BoatClub Park. Research continues. KB: 12/13/01 RESOLUTION 0l- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE TRANSFER OF FUNDS IN THE AMOUNT OF _$1,274, I62.00 FROM VISIONS 20/20 FUNDS TO CRA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at the request and recommendation from the Chair of the CRA, the City Commission has reviewed funds from the Visions 20/20 project and has determined that a portion of the funds from the B0ynton Beach Promenade and CBD Parking project may be transferred to the CRA; and WHEREAS, there is money available in the City's Capital Improvement Budget to :over the funds required to facilitate this transfer; WHEREAS, the reallocation of fimds proposed herein can be accomplished without he necessity of additional appropriation by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ritE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1 The foregoing Whereas clauses are tree and correct and are adopted as the basis for the following transfer of funds. Section 2. The City Commission hereby authorizes the transfer af $1,274,162.00 from the Visions 20/20 funds to the CRA account to fund the Boynton Beach Promenade and CBD project. Section 3. PASSED AND ADOPTED this That this Resolution will become effective immediately upon passage. day of December, 2001. CITY OF BOYNTON BEACH, FLORII)A Mawr Vic~-Mayor Commissioner commissioner Commissioner Clerk Reso\Transfer- Visiens to CRA121401 Requested City Comm~ssi~fi' Meeting Dates [] November 20. 2001 [] December 4, 2001 [] December 18.2001 [] January 2. 2002 VI,-CONSENT AGENDA ITEM C.13 CITY OF BOYNTON BEACH - AGENDA ITEM REQUEST FORM Dare Final Form Mustbe Turned in to City Cl~rk's Office November 7, 200I 5:00 p.m.) November 21, 2001 15:00 p.m.) December 5, 2001 (5:00 p.ra.) December 19,2001 (5:001~.md Requested CiVy Comnmssmn Meetino. 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 lanuary 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.1 February 6, 2002 (5:00 p.n~) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] ConsentAgenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement -'] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the request to record a boundary plat of the Manatee Bay development, subject to review and approval by the Int. Dir. of Eng. prior to recordatior EXPLANATION: The purpose of the boundary plat is to consolidate the various parcels within the development and to grant the multiple utility easements to the appropriate agencies. Staff has been working with the Developer for the pas~ several months to insure that the final plat is accurate. PROGRAM IMPACT: N/A FISCAL 13~PACT: None ALTERNATIVES: None. / ' ~epartfnent Hoa~'s Signature ENGINEERING Department Name City Manager's Signature City Attorney / Finance / Human Resources S:%BLrLLETIN%FORMSkAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. ROI- A RESOLUTION OF THE CITY COMMISSION OF THE ' · : ~'-.- CITY OF BOYN~ON EACH, FLORIDA, APPROVING BOL1ND~Y PLAT OF -:: F°R, : MANATEE BAY DBVELOPM~, .SL~2[ECT TO. THE CONDITIONS SET .. FORTH; AND PRo~ING ~ EFFECTIVE DATE WHEREAS, the City Comn~ssion of ~e City of Boynton Beach, Florida, upon recommendation of staff, does hereby approve a, boundary plat of the Manatee Bay development, subject to the following conditions: 1. The final plat will be reviewed by the Interim Director of Engineering pnor to recording. NOW, THEREFORE, BE IT RESOLVED BY TM CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section t. The City Commission ofthe City of Boynton Beach, Florida, upon the recommendation of staff, hereby approves the boundary plat of Manatee Bay development, subject to the conditions set forth above. Section 2. That this Resolution shall become effective mediately upon passage. PASSED AND ADOPTED this City Clerk (Corporate Seal) cah~aXec Bay Plat day of December, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Requested City Commission ~eefing Dates . _ _ [] November 20. 200I [] December 4. 2001 [] December 18.2001 [] January2. 2002 VI.-CONSENT AGENDA ITEM E.1 CITY OF BOYNTON,BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cie/Clerk's Office November 7, 2001 (5:00 p-mO Noveraber 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 [] Januat3 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.mv February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] DeveIopment Plans [] Consent Agenda [] New Business [] Pubhc Hearing [] Legal [] Bids [] Unfinished Business [] Announcemem [] Presentation [] City Manager's Report RECOMMENDATION: Please maintain this request on the December t8, 2001 City Commiqsion Agenda under Consent Agenda. The Commumty Redevelopment Agency reviewed this request on December 1 l, 2001 and recommends that the item be further tabled until its January 8, 2002 meeting. For garther 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. Tompkins Chan's Enterprises 301 0 S. FederaIHighway Request for Site Plan approval to consWact 19 mulfifamily town homes, recreation area, and related site improvements on two (21 acres. Further tabling is necessary to allow time for the applicant to 1) resolve the water utility issue involving those adjacent residents serviced by a welt located on the subject property; 2) identify on the plan the fight-of-my details and ownership status of Bamboo Lane; and 3) to revise the plans to show enhancements to the north, south, and west elevations of the westernmost building to incinde architectural accents, details, etc. that more closely match elements proposed on the f~ont elevations. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERxNATIVES:~,¢~ N/A Devda~l~a~nt Be-partment D~trector planning and Z'dniug Director City Attorney / Finance / Human Resources s :~Planning~S HARED\WP~P ROJECTS~DAKOTA LOFrS~NWSP 014)10~Agenda Item Request Dakota Lofts NWSP 12-18-0t .dot S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC DEPARTIvlENT OF DEVELOPIH Z0ning'DivBion · Building · Planning&Z~ning · OccupationalUcense$ · Com~nunityRedevelopment .~cember 5, 2001 H. P. Tompkins. 3r. H~T Consultants, Inc. 2~95 Corporate ~Boulevard, N.W. E~ecutiv; Court?~ne~-Su/te 240 .~¢; ca Raton, FL 3343 l Dakota Lofts Di ~r Mr. Tompk/ns: P~ suam m our meeting on Friday, November 30, 2001, you were to provide additional in re'nation to the Plarm/ng & Zoning Division by Monday, December 3, 2001 in order m meet th deadline for the December ti, 2001 Community Redevelopment Agency (CRA) meeting. T1 additional L,-fformation included revised elevations, site plans, and a survey Cmclud/ng B-' ~boo Lane). Also, thereI still remain unresolved issues which are :to be resolved prior to re~ ~nsideration by the CRA, and verified by formal agreements with adjacent property owners. _~ [ result, staffwilI recommend that the CRA further table the review until the January 8, 2002 C1[ meeting. If your project is reviewed by the CRA on January 8th, this item would be co: ~idered by the City Commission on January 15, 2002. Sh~ ~ld you have any questions, please contact Eric Lee Johnson ar (561) 742-6260 for res~ ~eduling ofth/s item. Yc 's truly, C~aeI W. Kumpf Dir{ ~ror ofPIarming & Zoning ¢i: of Boynton Beach · 100 Eaat Boynton Beach Blvd. · P.O. Box 3'10 Boynton Beach, FL. 33425413'10 Phone: (561) 742-6260 * Fax (561) 742-6259 · www. cLboynton-beach.fl.ua VT.-CONSENT AGENDA I'TEM F RESOLUTION 01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOREDA. APPROVING THE TRANSFER OF FUNDS IN THE AMOUNT OF $70,000 FROM CONTINGENCY ACCOUNT 1.001-1211-512- -. 99-01) TO PLANNING & ZONING CONSULTANT FEES - -' (001-24t4-515-34-53) TO FACILITATE THE REVISION AND UPDATING OF THE CITYTS LAND DEVELOPMENT REGULATIONS; AND PROVIDING _MN EFFECTIVE DATE. WttEREAS, staff has recommended, and the Commission has concurred, that this eot be prioritized; and WI-IEREAS, there is money available in the contingency fund to cover the funds to move this project forward; WHEREAS, the reallocation of funds proposed by staff with respect to these Funds be accomplished without the necessity of additional appropriation by the City NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, THAT: Section L The foregoing Whereas clauses are tree and correct and are adopted as : basis for the following transfer of funds. Section 2. The City Commission hereby authorizes the transfer of $70,000 fi:om Fund (001-1211-512-99-01) to Planning & Zoning Consultant Fees (001- 4-515-34-54). Section 3. PASSED AND ADOPTED this That this Resolution will become effective ~mmediately upon passage. day of December, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor _Vice Mayor · Commissioner CommiSsioner Commissioner City Clerk [Corporate Seal) . <caW. esoXAppropriationsXP&Z - LDR ReMsir. ms Requested CiD Commission Meetin~ Dates . - -. [] November 20, 2001 [] December 4, 2001 [] December I8- 2001 [] lanuary 2. 2002 NATURE OF AGENDA ITEM VL-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November7,2001 (5:00 p.m.) November 21, 2001 (5:00 p.m.~ Decer0ber 5. 2001 (5:00 p.m.) December 19. 2001 (5:00 p.rm) Requested City Commission Meeting Dates January 15. 2002 Febraary 5, 2002 [] February i9.2002 [] March 5, 2002 [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unt'mished Business [] Announcement [] Presentation [] City Manager~s Report Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 (5:00 ~.) January 16, 2002 (5:0(~m.J February 6, 2002 (5:00 p~..) February 20, 2002 (5:00~.m.) RECOMMENDATION: Request approval to transfer $70,000 fi:om Contingency Account {001-1211-512-99-01) to Planning & Zoning Consultant Fees (001-2414-515-34-53) to facilitate the revision and updating of the City's Land Development Regulations. Current balance in the Contingency Account is $148,255. EXPLANATION: Staff agrees with Commission consensus, that this project should be moved up in priorky £o facilitate the growth of Boyntun Beach's economic base, positioning the City as a more competitive location within Palm Beach County. PROGRAMEMPACT: FISCAL IMPACT: Reduction in Contingency Account by $70,000, resulting in a new balance of $78.255. ALTERNATIVES: Leave the funds as appropriated and delay the start ofrevisiun to the Land Development Regulations until September of 2003. Cx'~y Manager's Signature Department of Development Departmextt Name City Attorney / Finance / Human Resources S &BULLET1N~ORMS~AGENDA FI'EM REQUEST FORM.DOC Requested Cit5 Comm/~sm~ Meefme Dams -' [] November 20~ 2001 [] December 4, 2001 [] December 18. 200I [] January 2. 2002 VI.-CONSENT AGENDA ITEM G CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOl v, Date Final Form Must be Turned Requested City Corranission in to Cit~ Clerk's Office Meeting Date~ November 7. 200I (5:00p.m [] IanuaD 15.2002 November 21 2001 5:00 p.m. [] February. 5. 2002 December 5. 2001 15:00 p~m. [] February 19. 2002 December 19. 2001 (5:00 p.m.i [] March 5. 2002 Date Final Form Must be Turned in to Cit~ 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 [] New Business [] Public Hearing [] Legal [] Bids [] UmTinshed Business [] Announcemem [] Presentation [] City Manager's Report RECOM3rlENDATION: Review/Approve two funding requests. EXPLANATION: The commumty l[nvesmaent Funding Program provides for funding for public owned property and other eligible programs to benefit the public. The policy specifically excludes use of public funds for unprovement m private property. Funds for individuals may not be authorized for expenditure without review and approval of the City Commission. This is a request forwarded by Commissioner McCray for two projects: $2.000 to purchase books for the Boynton Beach Public Library $1.000 to 1913 Schoolhouse Museum for Head Start students to be able to utilize the Museum and experience the learning experience without paying the admission fee. PROGRAM IMPACT: The program is designed to provide for commumty unProvements based on recommendations of members of the City comrmssion. These improvements may consist of improvements to park properties, installation of architectural features on City property or other activities benefiting the public. FISCAL IMPACT: The cost of the two items is $3,000 from an allocation of $12.500/year for Commissioner McCray as a member of the City ComrmSsion. ALTERNATIVES: Not approve the request for funding. Department Head's Signature Department Name City Manager's Signature City AttOrney Finance / Human Resources SSBULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC Requested C~P: Commissmn Meeting Dates .. [] November 20, 2001 [] December 4, 2001 [] December 18, 2001 [] January 2. 2002 VII - CITY MANAGER'S REPORT ITEM A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Citw Clerk's Office November 7,200t (5:00 p.m.~ November21 2001 5:00p.m.) December 5, 2001 (5:00 p.m.) December 19. 2001 (5:00 p.m.) Requested City Comrcfission ~Ieetin~ Dates [] January t5. 2002 [] February 5. 2002 [] February 19. 2002 [] March 5. 2002 Date Final Form Must be Turned in to Cit~ Clerk's Office Januar~ 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.i February 6, 2002 (5:00 p.mo 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 [] City Manager's Report RECOMMENDATION: Please place this item on the December 18, 2001 City Commission Agenda under City Manager's Report, which is being brought forward to facilitate discussions regarding possible development scenarios for rte M-1 ~ zoned land along South Congress Avenue and the possible need for a planning study. EXPLANATION: The South Congress Avenue corridor contains a concentration of parcels zoned M-1, Light Industrial. This M-1 district is bordered by Congress Avenue (West); Caloosa Park, South Tech School and the L-28 Canal (North); the Seaboard Airlines Railroad and 1-95 right-of-way (East); and the South Central Regional Wastewatar Treatment facility (South). See the attached map for location, zoning, and adjacent nsc identification. This area is similar to most other clusters of M-1 - zoned property within the city in that it is surrounded by a variety of land uses; however, it is isolated from residential land uses by roadway, raJkoad and canal rights-of-way. This.cluster &parcels zoned M-1 is also unique in that it contains individual vacant parcels ranging m size from 0.80 acres to 31.96 acres. Due to the development potential of, or opporUm/ties for these parcels, and close proximity to residential properties, the city has been requested to evaluate this area for appropriate zoning and uses. Issues to consider when evaluating use or development restrictions for. or the need for a study on this area include: 1. Exisling use characteristics; 2. Adjacent land uses and land use compatibility; 3. Creation of non-conforming uses or properties; 4 Availability of land and land needs; 5 Existing zening regulations; and 6. Comprehensive Plan recommendations. Staff will be prepared to present to the Cormmssion on December 18t~, preliminary information collected to date. PROGRAM IMPACT: N/A FISCAL EVIPACT: ALTERNATIVES: NIA Opt to direct staff to conduct a study on the subject area or take no action leaving the area m its current state. S:~BULLETINZFORMS~AGENDA ITEM KEQUES~ FORM.DOC AGENDA ITEM ~QUEST FORM DeCel~5'm~t City Manager s S~gnamre Planning and Zo~ I~irec;or City Attorney Finance / Human Resources SSPlanningkSHARED\WP~S?ECPROJSSouth Congress Ave StudykAgenda Item Request Form Corridor'S tudy,Congress t2-18-01.dot S:kBULLETIN~ORMSL&GENDA ITEM REQUEST FORM.DOC SoUth Congress Avenue LO NE PINE- - 2000 0 J' 2000 Fe~t 17¥H ' $ [] December 4, 2001 [] December 18, 2001 [] January 2, 2002 VI! - CITY REPORT ITEN CITY OF BOYNTON BEAC] AGENDA Date Final Form Must be Tamed in to CiW Clerk's Office (5:00 p.m.) [] January (5:00 p.m0 [] 2001 (5:00 p.rm) [] (5:00 p.~) [] 519,2002 Form Must be Turned in to CiW Clerk's Office ,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 Bids [] Development Plans [] New Business [] L~g'al [] Unfinished Business [] Presentation RECOMlVIENDATION: Cig the M-1 - zoned land along Please 18, 2001 City Comrmssiun Agenda under ~ regarding possible development scenarios for ~ for the area. EXPLANATION: Light Industrial. This Canal (North); the Treatment facility (South). surrounded by a variety parcels ranging ' close pro'~imity to residential PROGRAM IMPACT: / N/7 FISCAL IMPACT: ~ ~A ALTERNATIVES: / N/A Deve~om~nt D'~parmaunt Dtrector a concentration of parcels zoned M-l, South Tech School and the L 28 [ Wastewater within the city in that it is individual vacant oppommities of these parcels, and and uses. \ \ - iDity Manager~ignamre \ Planning and Zo ,?i~ctor City Attorney / Finance / Human Resources S APIanning~SI-IARED\WP~SPECPRO J~Corriday S~tdy, Congress AvexAgenda Item Request Form Corridor Study,Congress 12-184)1 .dot S :XBULLET1N~ORM S\AGENDA ITEM REQUEST FORM.DOC Requested City Commission Meetin~ Dates .: ~ -- November 20. 2001 [] December4, 2001 December 18. 2001 [] January 2, 2002 VIL-CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM B.. AGENDA ITEM REQUEST FORM Date Final Form Musl be Turnec in to 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 1~, 2001 (5:00p.m.) Requested City Commission Meetine Dates [] JanuaD 15. 2002 [] February 5, 2002 [] Februar3 [9. 2002 [] March 5, 2002 Date Final Form Must be Turned In to City Clerk's Office January 3, 2002 5>00 p.ra_) January 16, 2002 (5:00 p.m. Febraary 6,-2002 (5:00 p.m. February 20, 2002 5:00 p.m.) NATURE OF AGENDA ITEM [] Admirdstradve [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Umf'mished Business [] Armouncemem [] Presentation [] City Manager's Report RECOMMENDATION: Provide ~24.000 interim funding to the Boynton Beach Chamber of Commerce EXPLANATION: At a recent Board of Directors Meeting, the £mancial situation of the Chamber of Commerce was discussed. The Chamber staffhas taken steps to reduce costs. However. if membership revenues do not increase, the Chamber's programs that relate to the City's economic development initiative will be affected. Specially, the Chamber offers a great deal of support to the City by serving as a contact point for new residents, new businesses and businesses desiring to relocate to Boynton Beach. The City has a partuershig with the Chamber on these type programs. In addition, the Chamber has provided representatives m serve on a special Chamber/City ream m revamp development and permit procedures. A more detailed summary of what the Chamber does for the City of Boynton Beach's economic development efforts is attached. The recommended funding is temporary and designed to assis; the Chamber in its mission and responsibilities. The City staffis not recommending that the City obtain anything in exchange for this assistance, rather to serve as rec_ognition by.the City that the Chamber is miportant to the commumty. The only stipulation as to the use of the funds would be to reqmre that the Chamber provide the City Commission with a report as to how the funds were used and how the funds assisted the Chamber in meeting its economic development and business retention efforts. PROGRAM IMPACT: The interhn financing should have a positive impact on'the relation between the City and the Chamber_ FISCAL IMI~ACT: None. It is recommended that the City Commission authorize allocation of $24,000 from the recent shared savings from the consu'uction of Pond B. This is new money that was not budgeted for by the City. The City Commission directed that the fimds be used for economic development It is believed that the proposed use is appropriate. Asan alternate funds may be taken from Account 401-2822-536-99-04. There ~s currently $520,000 available in a special Utilities account for this purpose for economic development activities. cutbackALTERNATIVES:operations. Do not assist the Chamber of Commerce opting to le~sources or continue to Department Head's Signature City Manager's Signature Deparanent Name S:~BULLETrNkFORMS~.GENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources HOW the Chamber works for the City of Boymon Beach In addition to serving over 650 business members and the commumty at large, the Greater Boynton Beach Chamber of Commerce provides the following servmes, at no charge: · Maintain and staff~/~sible, well-organized visitors injbrmation center, twelve months a year, Monday through Friday, and regular business hours. · Chamber staff and volunteers field phone calls from residents and visitors. ThE aVerage'V61b~ne of calls, based ~ff~historical resem:ch, tS as"~oll0ws: ~ :DJoJ~gg ,the months of October ~pugh Febma~,an~ average of.75 phone calls are received daily ' ' '~fi~i'56~0 walk in visitors'ar~ ~el~m~.~,idaily; D'mSng the mo~iths of March thro~ ~gl~, September, an.average:oi~ 50 calls are re~i;v~ddail~, ~nd 10~1~5 Walk'i~ ~Sitors welcomed each: day. · The nature of phone inquiries is: Business referrals, c~ity deparu~em referrals, c0, ~u~t7 gp?mmem referrals, commumty service inq~, di~ecti6fl~; new business inquiries t0~S~ questions, relocation/information packages, maps, sdhb6i' information, demographics & stall, tics, area phone numbers. · The Chamber prepares ~ m~ils out an average of 15 ;~ 20 relocation and information packages every month, year roufM': Staff and ~olunteers customize the packages~fo' fi~ the inquirers needs. · The Chamber produces:a!~d d~nibutes 10,000 high qu~i, Guide~ annu.al, ly, at, .a pr~o~uctio~nc~ue of over $70,000. This glossy magazine is the official guide room: cominumty ana inclusive ot ry government input. · The Chamber employs a to al of four full time employfies, 2 part time employees and utilizes five seniors {total of 35. volan,te, er hours a week tO assist in ~e. visitor's in,formation center)· · The Cl~mber has produced a~current street map, co~ering the greater dommtmity · The C~mber p~0vides the ciD' with the means to communicate regularly with 650+ business members via itg ~onthly hCwsletter HORIZONS, produ~e/t and distributed in0nthly:to 20,000 businesses and home~ ih:the greater BB community. ~ : · Chamber' s :~isi~Ors information center maintai, nsc _u_~r:e? c, ity ~o~la}erpls f,°'r a!l visit ,°[s'~ · Chaml~r,hosts!uti annual SState of the'City Address t~cneon~ecemoer as;a vemme xor city ~taff and th~ ~ty~r io c~ommunicate With ~he public. ' ~ ~ ~" ' ': :" ' ' ' 'dnes ro ram mmUall for the comlBllnlty · Chamlser-eo. nd~vts~atleas~oneHurncaneprepare ~P. g . ! 'Y - ' · Countywide representati0n by chamber's B0ard:of Di{ect03s~ se/vihg °n the' foIl°wing B°ards: c> PBC Btisiness Development Board PBc C~v~ntion' & Visitors Bureau o School ~.eadiness Coalition o SixBB Sckool ~dvisory Boards o Business Atlianc~:(PB~ Chamber execs, Economic Council & others) · Chamber annu~llyproduees four major events ~0 P~.om. ote, b,u~m~ess;me~n~ ~bers ,and the~ c,~n _un~_~..un~ ~Y~i~ab:th a local and regional basisi (Golf tournament, Expo in ~e xvtan, xaste ot t~oynton anct ut~ u~ ~, Car Show & Festi,~al) Each year, Chamber's Board of Directors drafts a 'Plan of Work' to be conducted and accomplished, for the betterment of the Chamber, its membership and the greater community. Attached is 2000 and 2001 reference ~, brochure. The current operating budget for the Chamber is $350,000. Prepared by the Boymon Beach Chamber of Commerce VIII.-PUBLIC HEARING ITEM A, CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested Ci~yCommissio~ ~ate Final Form Must be Turned Requested City Corarmss~on Meetin~ Dates !g to City Clerk's Office Meeting Dates :[~ November20, 20t~1 ~vember 7, 2001 5:00p.m.) [] Januar~ 15,2002 [] December4.2001 :~i)vember 21. 2001 (5:00p.m.) [] FcbmaryS, 2002 [] Dece~nber 18, 2001 i~ecember 5, 2001 (5:00 p.mo [] February. 19. 2002 [] Jarmaryg. 2002 ~-cemberlg. 2001 t5:00p.m.) [] MotetS. 2002 [] Administrative [] I~A~TURE O1' [] Consent Agenda [] AGENDAtTEM [] Pubhc Hearing [] [] Announcement [] [] City Manager's Report Date Final Form Must be Turned in to CiW Clerk's Office lanuary 3, 2002 (5:00 p.m.) lanuary 16, 2002 (5:00 p.mq February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENI~ATION: Please maintain this request on the December 18, 2001 City Commission Agenda und~ Public Hearing. The Commaffi~ Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. ~Iowm~m since the Community Redevelopment Agency recommended that the accompanying site plan be tabled to its January 8, 2002~aeeting, staff recommends that this item also be tabled to allow for the continued concurrent processing of the site pten, ~nd~roposed amendment and rezoning requests. Tabling of the site plan is recommended to allow additional time for the appticar~to 1) resolve the water utility issue involving those adjacent residents serviced by a well located on the subject ~propet~2) identify on the plan the right-of-way details and ownership sratns of Bamboo Lane; and 3~ enhance the north, south, aud ~st elevations of the western most building to include architectural accents, details, etc. that more closely match elements ~g~posed on the front elevations. For further details pcu~taining to the request, see auached Deparm~nt of Development ~&xnorandum No. PZ 01-238. EXPLANATION: PROJECT NAME: AGENT: OWNER: :LOCATION: DESCRIPTION: DAKOTA LOFTS (LUAR 01-006) H. P. Tompkins Chart's Enterprises 301 0 S. Federal Highway Request to reclassify the subject property from Local Retail Commercial and Low Density Residential to High Density Residential, and rezone from C-3 Community Commercial and R-l-AA Single-family Residential to Planned Unit Development (PUD), The applicant proposes to develop the property with nineteen (19) three-sto~ town homes and related site improvements, The site plan (NWSP 01-010) willbe adopted as the master plan for the PUD, SSB ULLETIN~FORMSXAGEND/k ~ REQUEST FORM.DOC CITY OF BOYNTONBEACH PROGRAM IMPACT: FISCAL IMPACT:* : ALTERNATIVES: N/A N/A N/A Developm~t ~ p L?trl~ex~t E~k~e ct~o~. City Manager s Slgl~amre Plannin~ and Zoi'~Directo[ City Attorney F/nance / Human Resources S:kBULLETINkFORMS~AGENDA ri'EM REQUEST FORM DOC DEPARTMENT OF DEVELOPbl. Planning. and Zoning' Division · BtEIding · Planning & Zoning · Occupa~iona! Ucense$ · Community Redevelopment 200t P. Tompkins, ~r. Inc. Boulevard~ N.W. One-Suite 240 FL .33431 to our mee~ng on Friday, Movember 30, 2001, you were to provide additional to the Planning & Zoning Division by Monday, December 3, 2001 in order to meet for the December I 1,200I Community Redevelopment Agency (CRA) meeting. included revised elevations, site plans, and a surMey (including Also, there still remain unresolved issues which .are :to be resolved prior to r the CRA, and veri~ed by formal agreements with adjacent property owners. staff will recommend that the CRA further table the review until the Sanuary 8, 2002 If your project is reviewed by the CRA on ~anuary 8th, this item would be ~ the City Commission on Sanuary 15, 2002. have any questions, please contact Eric Lee Johnson ar (561) 742-6260 for of this item. ~f & Zoning ~ynton Beach · 100 East Boynton Beach Blvd. · P.O. Box 310 Boynton Beach, FL 33425-0310 Phone: ($61) 742-6260 · Fax (561) 7'42-6259 · www. ci. boynton-beach.fl.us Requested City Cormu/ssion Meetina Dates ["- November 2C, 200I December 4. 2001 December 18, 2001 [] January 2, 2002 VIII.-PUBLIC HEARING ITEM B, CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date FinaI Form Must be Turned Requested City Comrrdssion in to City Clerk's ~ce Meetine Dates NovemberT. 2001 (5:00p.m.) [] JanuarylS, 2002 November21.2001 (5:00p.ro-) [] FebruaryS, 2002 December 5. 2001 (5:00 p.m.) [] Februar~ 19. 2002 December l9, 2001 (5:00p.m.) [] MarchS, 2002 Date Final Form Must bo Turned in to City Clerk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.j February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.rm) NATURE OF AGENDA ITEM [] Administrative '-] Development Plans [] Consent Agenda ~ New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement --] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the December 18, 2001 City Commission Agenda under Public Hearings noting that it had been tabled to the Commission meeting on December 18, 2001 EXPLANATION: On Saturday, October 6, 2001, the Corrantmity Redevelopment Agency (CRA) held a public workshop to review the proposed zoning recommendations fi:om the Federal Highway Corridor Community Redevelopment Plan. These proposed amendments, with minor changes, were then reviewed by the CRA at its public hearing on November 10, 2001, and forwarded to the City Conm~ission with a recommendation for approval. On November 20th, the City Commission held a public hearing to review the proposed changes for the study area. In response to Commission and public concerns discussed at this hearing, staffhas formulated for Commission consideration two (2) alternative implementation strategies, and additional recommendations, that are summarized below and described in the attached staffreport numbered PZ 01-270. Also attached are the prior reports that first forwarded the proposed amendments to the CRA and City Commission (please note that the additional reports differ but were inadvertently processed with similar memorandum numbers). Proposed alternatives for implementing the land use and zoning code amendments as recommended in the Federal Highway Corridor Redevelopment Plan are as follows: Alternative "A" - Code Amendments Only: 1. Finalize proposed zon/ng regulations and prepare in ordinance form to codify proposed districts, definitions, allowed uses and site standards. 2. Research site conditions at those non-conforming properties located within the C-4 distric~ (within the study area), and draft regulations and/or a process to mandate site improvements such as screening and landscaping. Alternative "B" ~ Reduced Scope Implementation: 1. Finalize proposed zomug regulations and prepare in ordinance form to codify proposed districts, definitions, allowed uses and site standards. 2. Research site conditions at those non-conforming properties located within the C-4 district (within the study area), and draft regulations and/or a process to mandate site improvements such as screening end landscaping. 3. Prepare to reclassify and rezone the strips of property located along the corridor currently zoned C-4, General Commercial, to Mixed Use-Low. s :kB ULLETINkFO RMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Additions to'proposed axnendments including new higher deasit~ la:nd use classification and distric~ Finalize dbfiniffons; create'incentives fo/Mixed~U~e classifi~fion/zon/fig, and define and propose location for r/eW classification and zonin~ disffict with higher ma~knum density ~ap. Disconfinnin? processing of cuxrenr amendments to Comprehensive Plan and Official Zoning Map Discontinueprocessing of the ~in-rent amendment to the Comprehensiv~ Plati Future L~d Use Map and Official Zoning Map, including ~al~mg formal action to withdraw th¢:prop0s~d pla~ am_~ndment from the current amendment cycle. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Select one of the above-described implementation strategies as proposed by staff or modify as necessary. Planning and Zoning/~i~ect0r City Attorney / Finance Hnm~n Resources s :XPlannin gXSHARED\WPXP ROJEC TS~Fed. Highway Corridor Redevelopmeht Plan Folder~Agenda Item Reqst Fed Hwy US 1 Corridor Mix 12-18-01.dot S :~B ULLETINNq2)i:LM S~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 01-270 TO: FROM: DATE: Subject: Quintus Greene, Director of Development Michael Rumpf, Planning and Zoning Director December 6, 2001 Federal High. way Corridor Redevelopment Plan - Proposed Zoning Regulations & Districts (Mixed Use and Mixed Use Low) Alternative implementation strategies In January 2001, the City adopted text amendments to the Comprehensive Plan to enable the preparation of ~development plans as recommended by the Boynron Beach 20/20 Redevelopment Mastkr 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 Florida Department 0f Community Affairs (DCA) following a public hearing on July 17, 2001. DCA's Objections, Recommendations and Comments (ORC) Report was received on October 5, 2001. Staff was inthe process of preparing its response to the DCA prior to consideration of the proposed rezoning~ and text amendments by the Commission on November 20~. The proposed changes to the Land Development Regulations were drafted through a joint effort of staff and the consulting firm Mic ,hele Mellgren & Associates, Inc., and were reviewed by the Community Redevelopment Agen~cy Board at a Workshop on Saturday, October 6, 2001. The recommendations emphasize elimination of automobile-related and other uses considered inconsistent With ~e' pla/i for the corridor and downtown. They also cai1 for expanding the mixed Use district ~t~ugh0ut the area east of the FEC Raikoad right-of-way, and in~plementing site development. ~t,.~a~ndards that would facilitate greater building heights and improve the aesthetics for both pedes ~tr/a~ s and motorists. The proposed changes intended tO implement the corridor plan were wex4e~ed by the Commission on November 20~. In response to concerns from tho public and down~wn merchants, relative to impacts on property values and busmesses (e.g, ab/lit3(, to ~eloga~,e o~:rebnild if destroyed), the Commission directed staff to evaluate the potential impacts ;oh ~operty values and businesses, as well as to reconsider the scope of the rezomngs. St ff h~ recons~de~'e~,the proposed ~mplementat~on plan and proposes the followmg two (2) alternatiVes:which. ~ffef in scope, mediate impacts and implementation timing. One of the two optio~ could be.l selected by the Commission, or a variation could be tailored to further address Commissioti doncems. Page 2 Alternative Implementation Strategies Page 2 Alternative "A' - Code Amendments Only Alternative "A" . Consists_ solely of the code amendments to the City's Land Development Kegulations. It e~c!iides, at this time, any city-initiated amendments tO the Future.Land Use Plan or Zoning Map. This option would facihtate the establishment .~f the mixed.use dismcts (and zoning uses) and corresponding site standards within the City s regulations,, but would impose these districts on the ground. Instead, they, would-be available for privately- and/or publicly-irdtiated development or redevelopment efforts proposed in the Community it. edevelOpment Area on a site-by-site baSis. Subsequent activity is proposed. The proposed revised :,s}andards .would . the the ,~ development a those there would be no, time If this al, mmative is Code take , ~1- :--t~educed ~ The this , in confi ~' redevelopment, or ',- Page 3 Alternative Implementation Strategies Page 3 Unlike the pre~ious alternative, this process would require the processing of an amendment to the Comprehens!ve ?lan Future Land~ Use' Map anc[ an:amendment to ~the Zoning Map, in addition to the revisions m the Land Development Regulations. However, as in Alternative A, this alternative avoids negatively impacting businesses- that conform to the vision and recommendations of the redevelopment plan. For~ this reason, staff has assumed that the economic/property value impact research requested at the November 20~ meeting would not be needed. It would, hpwev~, mm those businesses that do not fit the redevelopment plan into non-conforming uses,,to be phased out over time, If this alternative is selected by the Commission, th? Commission would withdraw the currem plan amer~d, ment, and direct~staff tp:pregam a ~ev~sed,~pla~amendment for-only that portion classified ~'General C0mmercial" and Zoned C-4. ' As discussed at ~November 2&~ ~¢tin& a~new Comprehensive, Plan Fu:,nl~e Land Use submittal to ~e s~ate could be processed any~me during the first quarter of ne~ year without interferig~'g: ~itk ~e establishes plan...~en~egt reviev( cycles allowed by tko state. Also pr~cesse.d co;n. cmen~l7 wq~ be~ ~o~re..sp~g rezoning, which ~o..uld. reqUire new property owner.noti~ea/tig~,,~d tl'te.~resp~iv~ ;~od~:,,a~,,endments including ,any changes as proposed below under Additions to proposed Code,Amendments. Additions to Proposed ~Code Amen&ments Regardless )which alternative: is! selected,' staff also recammends that additions be,~made to the proposed text amendments to ~clUde~i in part, definitions, incentives I'or mixed use or other aspects o£the prop0~:es!, .r~gtgatio~,aad ,~ new. 1.~and use classification to feature a ' er densi : ,,~.~ ~,~ ...... ~high ty than curren/t[y allowed in the ~:':ce~ ~e ¢lassificafion (40 dwelling units net aere~ The amendme~n,~tq, th~ F~urure, Land ~se ~M~I~ .~Wpuld ba proposed for a small area considered to be the very, core of the central Business ':Di~c~. St~f j~stifies this density increaSel through the following points: 1) Recommendation #3 from the.Federal Highway Corridor Communit?' Redevelopment Plan.indicates that the curren~t density maximum would not allow the "intensity of development" necessary to "achieve the desired goals for downtown development and redevelopment", and that "the city should no~ include a density maximum in the future MU-H" (i.e. MU); 2) Increase in the p~mmnen~:resident population downtown ~s vital to its redevelopment, since it will create a heightened and sustained demand for commercial development in the area; 3) Planned changes to the marina project as proposed by the new owners are anticipated to exceed the current maxmaum density threshold; 4) The density characteristics of residential concepts proposed to staff for other properties in the CBD range between 40 units and 60 units per acre; Page 4 Alternative Implementation Strategies Page 4 5) 6) 7) 8) 3z~gher density' cap woul~d be more ¢0nsistenf with the existing-and proposed height Ifiniis Which wo/tld:~illow-pr0jects up ~0 150'feet ~ the Mixed Use district; 7area With a. higher density limi~ could:provide an'inceatiVe for desirable mixed use evelopment iff the downt6wn ~ore; ~ "~' A higher dengit?area wout, d 'support market .development on the relatix~ely limited Iand ax{affable m ~e d~wult0v55n ~e~ which;ss :bor~e~eI:,!~y.¢st~b,~isI~d~ ~higle family horaes,:indtivfamily, refir~en[ c es a~}mangrqy~es. 3¢aterfront per acre B5 could petition, I ~.?staffc.~eryl~u ts ~cli[~on ~t label ~and a~l~rit/ ~e~i~ l~t ~d bo~dmes Proposed lx~.~.p, lementati~ Schedule The prinCi iii tM 't0 c:bh ied' by Staff var depending on the alternative selected by the Commissi6~ · ~h~ '5~p~me~tafi~ tasks ~d~stimated ~effame~ are listed as follows Alternative Revise proposed code regulations to insert definitions and in particular; mixed use defin, n. 'tions:and ~incentives for mixed use development, and format in ~ode form for ord~anee,-processmg. This~ step weuld t~e approxnnately 2 months~ or by mid- Feb/'uary~, In addition, staff would research conditions of selected C-4 uses located along U.S-1 within the.core 0fthe study area¢ and draf~ regulations and/~r a process which own. ers will be required to follow, in part, to meet minimikm screening and landscaping requirements. This s~p includes multiple tasks ending xvith proper public notifications and implementation The time required/o research ~and draft the ~rocess/regUlations would take approximately 2 months, or until rind-March (note: this process would not be iultiated until staff completes drafdng final code amendnxents as indicated in step #1). Page 5 Altemative Implementation Strategies Page 5 Alternative "B": Revise prot?0sed code regulations to insert definitions and /n particular, mixed use definitions and incentives for mixed use development, and format in code form for ordinance processing. This step would take approximately 2 months, or by mid- February; In addition, staff would research conditions of selected C-4 uses located along U.S-1 within the core of the study area, and draft regulations and/or a process which owners will be required to follow, in parr, to meet minimum screening and landscaping requirements. This step includes multiple tasks ending with proper public notifications and implementation. The time required to research and draft the process/regulations would take approximately 2 months, or until mi,drMarch (note: this process would not be initiated until staff completes drafting ~inal {ode amendments as indicated in step #1). Under this alternative, stuff would also pr~are applications to reclassify and rezone the strips of property located along the corridbr currently ':zoned C-4;'This would include properly owner identification,, availability l~f facilities analysis [eqnired to determine facility availability to serve maximum degelopment potential Under the-new land use classification, property owner notifications and final reports. This task will also require transmittal to,.and approval by the DCA.. :Staff ~stimates: that :approximately 2 months would ibc required :to prep.are '~e docum~emts and reports necessary foe Commission review and transmittal (mldzMarch), wi.th, finhl adoption occurring in August or September. Staff requests that the City Commission consider the revised implementation alternatives contained tierein, and direct staff accordingly, la should lie noted that the only difference between the two alternatives is step #2 of Alternative "B", which is the application of the rezoning of the C-4 zoned'properties along this portion of the corridor. If the Commission prefers to select o~ modify one of: the subj.ect ~mafives, fl3~eby diseckn~nulng the current implementation plan as pres. ented on November 20~, the Commission must also take action to withdraw the current amendment to the Compre. he ,,l~s. ive plan.: :Th;is action, i~ necessary to close the state plan amendment prOcess whiehwas i~itiatelt 6 months ago. DEVELOPMEN'[ DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 01-243 TO: FROM: ~OUGH: DATE: Chairman and Members c0mmm~_'~d~elopment Agency Dick Hud~ Senior Planner Board Project: ] '~ ' iiROJECT DESCRIPTION , ' ; ~br&0s&~ ~dn/n~i~lafiona fdr MiXea'~l~'afid.igli;xed Us~ Low zoning , ;~t-~e.~g~ c~n~i~t-vci~:the recommgndatl0ns 0 f the Federal. Highway Cqrd'dor Redevelopment Plan ' Agent: Location: Ci~t~,oi~oynton Beach F.{d.e~ :l~7~vag Go~o.r segment between the Boynton (C, 16) Canal on th n~d~0i~t ~o~d 0~ th~ south' and lying between'th~ Intmdoa~tal ~L~ay;on th6~t anti the'right-0f~vay Of ~e Florida E~stCoast (FEC) Railway on the west. BACKGROUND In January 2001, the':Ci~ adopted text amendments to the Comprehensive Plan to enable the preparation of redeveI?,ment plad~, as recommended by the Bo nton Beach 20/20 Redevelopment Maiker~an. ~he-~ity Commission adopted the first of those redevelopment plans, the Federal Hi~}~kh9 corridor Community Redevelopment Plan, on May 15, 20~1. As the first step in ltxe ~.,~nplement~fion process; the proposed land use amendment was transmitted to the Fiori~ia Depmai-2ent of community Affairs (DCA) fotlo~i, ng a public hearing on July 17, 2001. DCA's Objections, Recommendations and Comments (ORC) Report was received on October 5, 2001, and staff is now preparing its response, in anticipation of adoption of the amendment in December. The proposed changes to the Land Development Regulations rename and amend the existing regulations for the Cer~tral Business District (CBD) zoning district and create a second and less intense zoning district similar to the existing CBD regxflations. These districts are proposed to be called Mixed Use (MD) and Mixed Use Low (MU-L). The newly created and less intense zoning) district (MLMJ Will be applied to Planning Areas E and IV of the Redevelopment Plan, which consists of those~ properties that lie west o f the Intracoastal Water,pay and east o f the Florida East Coast ~Ft~) t(ailway in two areas flanking the existing CBD (Area III). The first is ~;,,,o~,t horw~, th~ f'~l'6 canal ~nd NE 6th Court, north of the CBD (Area I1); the second is ~[;~ ~;~;;~ S~ 2~d~Xvenue and Woolbright Road to the south of the CBD (Area IV). The Page 2 Federal Highway Corridor Zoning Code Amendmenz new zoning regulations, in part, 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 enmronments. Please note that P}arming Areas I and V are not addressed by the proposed districts and corresponding regulations. Although the redevelopment plan contains specific recommendations for these nvo areas, this package of proposed amendments to the zoning code correspond with the amendments to the future land use plan map, and are timed to be adopted simultaneously. Any plan;recommendations~ applicable to areas I and V, along with specific design guidelines for the corridor, ~witl be processed ina furore z0rfing code amendment. ATTACI-~MENTS Chapter 2, Sec. 5 D~ws~on L sha be known as the Federa Highway Corr dot D str ct Sec.5.L.l. Purpose and Intent. (a) Purpose and lnt,ent, Th~ ,d, ist¢ct ,i,s i~en, d, ed to guide de, velopment a~d redevelopment in a logical hierarchy that wi][ ~esd]t in [f~'p~re~r~ti0~of'~'e~idedtia'l'aCeas' while ~-b~[ hg the?iabil]ty and Success of the;downtown. Tt'ie district iS intendedlt0-im~l~r~ht the'~ecb~ne~att6~s!ic0~aine'd;~' the E~deral~Higbway: Corridor Commurtity Redeveloement Plan. Specifically, the district is intended to accomplish the f0[low~ng: .1. Result in an improved living and working environment relative to typical highway development patterns. 2. Enhance the City's tax base by increasing property values through better quality development, and promoting and assisting the development and redevelopment of the downtown. 3. Encourage the City's development anc 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 interest by accentin~c buildings anc visual landscapes rather than parking facilities and vehicle related uses. 6. Promote land uses that are primarily destination uses rather 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 21arming 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 importance of the zone's location in the corridor and its relationship to the downtown. Sec.5.L.3. Perm tted, Restricted and Prohibited Uses. The fo owing 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 (N). 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 [he discretion to permit uses that are not specifically listed but are similar ~o uses that are expressly permitted orovided, however. such uses are not expressly identified as conditionally permitted or not perrr tted 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 CentadLibrary Rec~-eation: (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 Phys[oal Therapy Clinic Pro~e~s[onal BUsiness Office Vetai'inary Office or Clinic SALES AND GENERAL COMMERCIAL USE GROUP Permittad/restdcted anywhere within the MU zone; within the arterials. Adcoholic 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 Storage MU-LZONE MUZONE 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 R(3) R(4) ~(5) P P RHO) P P P P R(6) MU-L zone only on N N P R(3) P R(5) P P R(IO) P P P P N lots fronting on major R(6) N N N N N N N N N R(6) R(6) N N N N R(13) R(13) R(6) R(6) N R(14) ~(6) R(6) R(6) P N N N N R(6) R(6) N N Federal Highway Corridor Dista'ict DRAFT of September 1. 2001 Page 2 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 Instruction as Accessory Use Drug Store or Pharmacy Grocery Store, Supermarket Florist Centers or Display Lot for Commercial Vehicles Private Ownership Sales, Rental, Service, Parts or Repair Faphic Supplies Thru Confections Jstomizing, Detailing, Service, Parts Rentals, Service, Repairs ;ales MU-L ZONE R(6) R(6) ~(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) N R(I~) R(6) N sEF~'~IGE USE GROUP ~-ywhere within the MU zone; within the a¢~rials. Barbershop/Beauty SalonlDay Spa R(6) Dance Studio R(6) D~essmaker or Tailor R(6) Drycleaner R(9) Fitness Club R(8) Funeral Home ~1 HosPi~I N La~r ,Pool Establishments N La~n, cirbmat R(6) Mhdlcal ~Outpatient Facitity R(8) Nu~rY Preschool or Child Daycare R(6) NU~ing or Convalescent Home N Ph0[ocopy Center R(6) self :-~Storage or Mini Warehouse N MU-L zone only on Federal Highway Corridor Dismct DKAi:T of September 1. 2001 Page 3 MUZONE P R(6) P R(6) R(7) P N N R(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(9) R(6) N N N N R(8) N R(6) N USE GROUP/USE MU-LZONE MUZONE SERVICE USE GROUP CON'T. Shoe Repair Tattoo ParlodBody Piercing ENTERTAINMENT U~E'GROUP Adult Entertainment Bar, Cocktail Lounge . Billiard Club/Bowling Alley/Indoor Recreation Facility Bingo Hall Fortune Teller Movie Theater Night Club Performing Arts Theater Private Clubs. Lodges and Fraternal Organizations R(6) R(6) N N N N R(8) P R(8) R(6) N N N N N R(8)R(3) N R(8) N P R(8) R(8) ACCESSORY USE Drive-Thru Facility (other than accessory use to financial institutions and restaurants) R(10) N R(1) Must be integrated into a mixed-use development that includes a qon-residential component that compromises a minimum 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 between proper~y lines: For uses with less than 5,000 square feet of gross floor area, 750 feet. For u,ses,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 requirements. R(5) Storage ,el postal vehicles prohibited. Maximum gross square footage of structure shall not exceed 2.500 squ~re feet. R(6) Must be'integrated into a commercial or mixed use development and not exceed 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(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 mixed 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) D¢ive-thru facility," including stacking lanes must be screened from public right-of-way and requ res Conditional Use approval. R(11) Shall comply with provisions of Chapter 2. Sec. 11 .L. pertaining to retail sale of gasoline or gasoline ~roducts. R(12) Not permitted on property with Federal Highway Frontage in the MU-L Zone unless consistent with Restriction Footnote number Six (6). R(13) Ne outdoor storage/display allowed. Indoor storage/display not [o exceed 10,000 square feet. R(14) n conjunction with a permitted marina use. Storage/display allowed only in wet docks or indoor not to exceed 10.000 square feet. Federal Highway Corridor District DRAFt of September 1. 2001 Page 4 Sec.5.L.4. Minincam Parcel' Requirements A. Minimum LotArea Residential Or Loddinq Use Group Hotel Residential, S ngle Family Detached Res dential S ng ~ 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 sa. ff. --- 7,500 sq. ft. 65,0~0 sq.,ff" 15,000 sq. ff. 20,000 sq. ff. Community Facility Use Group Public Park All other Use Al. Minimum Living Area Sing e Family Detached All other Residential Accessory Apartment no m~nimum no minimum 10,000 sq. ft 10.000 sq ft, 1,000 sq. ft. --- 750 'sq. ft. 750 sq. ft. 750 sq. ff. -- B. Minimum Lot Frontage Resident/al Or Lodqinq Use Group Residential, Singte Family Detached Resident/at, Singlb Family Attached (Duplex) Residential, Single Family Attached (Townhome) Residential, Multi,)lo-Family All Other Uses 50 ff. -- 75 ft -- 25 ft 100.ft. 100 ft. 100 ft. 100 ft. MU-I. ZONE MU ZONE Sec.5.L.5. Height A. Maximum Height Residential Or Lodqinq Use Group Residential, Single Family Detachec 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 10 ft of stepback for every additional 50 ft of height. 35 ft. --- 35 ff --- 35 ft --- 75 ft." 150 ft.* B. Minimum Height 35 ft.* 35 ft.** Mu t/pie story buildings are encouraged within the Federal Highway Corridor District. part/culariy along arterial roadways. The intent of this provision is to create the appearance, or simulate the intensity of, a minimum two (2) story building. *Applies to any fa(}ade with Federal Highway frontage. **Applies to any facade with street frontage. U-L ZONE MU ZONE Sec.5.L6. Minimum Pervious Area Community Facility Use Group Public Parking Lot or Garage Residential Or Lodqinq Use Group Residential, Single Family Detached 40% Residential, Single Family Attached 30% Federal Highway Corridor DisU-ict DRAFT of September 1, 2001 Page 5 15% Sec.5.L.6. Minimum Pervious Area, Cch't, U-L ZONE All Other Uses 2O% MU-LZONE Sec. 5.L.7. Minimum Setback Requirements Front Yard ..... Residential Or Lodqinq Use Group Residential Single Family Detached build tc line Residential, Single Family Attached build to line Residential. Multi-Family build to line perches may be placed forward of the build to line and shall maintain a minimum 2 foot setback from any public sidew"alk. Perches shalt be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing ti~e street is 20 feet. ** projecting feature(s) such as awnings, balconies. porches and/orstoops shall be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. All Other Uses inctudinq mixed use with a sinqle-family attached component--build-to line 10 0 flor 15 fi* ** *The area forward of the build-to line shall contain a 7-foot sidewalk with the remainder landscaped. *" one or more projecting feature(s) such as awmngs, balconies, Colonnades porches and/or stoops required fo .r~.ard'of the bu d-to ne and sha ma nra n a m n mum 5-foot clearance from any vehicular use area. Elements projecting oVer a pedestrian Walkway shall all0w a minimum 9-foot vert ca clearance and 5 foot horizontal pedestrian clearance, 10 ft.- 10 ft.' MUZONE 15% MU ZONE 0-15 ff. Side Yard Residential Or Lodqinq Use Group Residential, Single Family Detached, interior Corner* Residential, Single Family Attached (Duplex) End Comer* Residential, single Family Attached (Townhomes) End Corner- Residential Multi-Family 'plus one addti, foot for sach foot of height over 45 ft. where adjacent to an existing single-family detached dwelling, less width of right-of-way. '"plus one addti, foot for each foot of height Over 45 ft. where adjacent to an existing single-family detached dwelling, less width of right-of-way. MU-LZONE 6ft. 15it 10ff. 15ft. 10it 15it, 20 ft.* MUZONE 20 ft.~ Federal Higt~way 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 Detached in the MU-.L Zone *plus one adott, f~,fo[ each foot of height over 45 ft. less width Of right of way Adjacent to Other Uses MU-L ZONE 25 ff.' Off.* MU ZONE ft.* R6ar Yard. ReSidential Or Lodclin,q' u~e~Group Al ~Re§id~ntial, Wh~e~'~ Yard s Adjacent to Intracoasral Waterway Residential S ngle Earn ? Detached Res dentiai~ Sing e Family Attached · ~e, sidential, MUiti-Eamily ' 25 'ft? plus one addltional foot for each foot of he gh~. where within Or abutting the MU-L Zone Att Other Uses Where yard is Adjacent to thtracoastal Waterway 25 Where Yard is Adjacent to Residential ~ '. ! 40 *plus ~he additional foot for each foot of 'h~ight ' ~' oYar 45 ft. withi~r or abutting the MU-L Zone Whei:e'yard is'AdjaCent ~o All Other Uses 0 ff.* *Fifteen (15) feet abut'ring a street, 1'0 feet abutting an alley· 12ft. ~ r~ O* ft. Sec.5.LS. ,Mixed Uses. Buildings Containing residential and non-residental uses are permitted and encouraged, and subject to the same deVelopment standards as "all other uses Res dental uses wth n mixed-use structures shall not be located on' the ground floor, which shal be reserved for nonresidential uses. Nonresidentta uses wthin mixed residential/nonresidential structures shall be evaluated for, the r compatibility with residential 'uses located on upper floors, and shall demonstrate compatibility based ~pon use-type, construction materials, floor plan and site layout, use of the next hignest floor, and other factors as determined appropriate given the type of use. Sec.5 L.9 Building Placement Massing & Orientation Structuresliining Federal Highway and Ocean Avenue within the MU Zone shall occupy the entire width of the parcel the~/ar(~ ocated Upctn~ notwithstanding corner side setbacks and Clearance needed for a drive-that may be required to access the rear of the property· Sec. SL.10. Landscaping . Chapter 7:5,,Boynton Beach Landscap~ Code, of the City of Boynton Beach Land Development Regulations, shall govern landscaping within the Federal Highway Corridor District. Sec.5L.lr'l. Parking Requirements (A) Park eg requirements shall be as set forth by Chapter 2, Section 1 IH, of the Boynton Beach Land Development Code, except as provided below. (B) On-site parking facilities shait be located to the rear of the structures they are intended to serve, or shall be located to the s de of the structure riley are ntended to serve and screened from view from public streets~ notwithstanding other provisions of these regulations that require a specific residential Federal Highway Corcidor District DRAFT of September 1, 2001 Page 7 Sec. SL.l'l. P.arking Requirements, Con't. automobile garage setback and Sec.5L.11. (D) and (E) permitting understory parking ahd regular ng parking garages. The ~ntent of th~s prows~on {s that parking facilities not be prominent as viewed from the street(sI that serve(s) as the main orientation for the principal building(s), in order to emphasize buildings and pe_destrian features and de-emphasize par~ing f~cilities, ln. ordei' tb best achieve this objective real pa~king is preferable to side yardparking.' Access to park ngs~a be from s de streets not serving as the principal structure's main frontage when possib~6 in order to minimize vehicle/pedestrian con~l cts a ong s dewalks resulting from dr yeway_cr.ossir~gs. __ (c) Mixed-use developments may utilize the following park ng requirementS based upon shared park ng with different hours of use.-The tbtal requirement for off-street parking spaces shall be the highest of the requirement of the various Uses computed for the following five (5) separate time periods: weskd'_ays (daytime, evening), weekends (daytime, evenipg)., and nighttime. For 1he purpose of calcu!a~ing the requirement of the various use~ for ~he variou~ separate time periods, 'the' p(~rcent of parking raquired shall be: Weekday Weekend Nighttime Daytime Evening Daytime Evening (6 a~m.-5 (5 p.m.-mid- [6 a.m.- 5 p.m.-mid- Midnight- p,m.) night) 5 p.m.) 'night) 6 a.m. (Percent) (Percent) ~(Percent) (Percent) (Percent) Office 1 O0 Retail 75 Lodg,ng 75 Restaurant 50 Entertainment 40 Residential 60 10 10 5 5 75 100 70 5 100 75 100 75 100 100 100 10 100 90 100 -10' 100 100 100 100 (Source: Urban Land Institute "Shared Parking", 1983) (D) Freestanding parking garages as part of a mixed use development are permitted within the MU Zone only. Within the MU Z~)ne, freestanding parking garages shall not exceed 75 feet in height, and shall not have direct frontage on Boynton Beach Boulevard, Ocean Avenue or Federal Highway unless the portion of the garage abutting said streets contains storefronts, restaurants or other permitted nonresidential uses on the first and seconc floors. The intent is to border or wrap the garage in storefronts and other permitted habitable floor area, so as to 'disguise 'the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall, utilize design techniques blending the architecture of the garage with the remainder of the structure, and creating the illusion that the garage is habitable floor space. (E) Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the MU ahd MU-L Zones. Understory parking (on the first floor of a structure) is permitted throughout the MU and MU-L Zones for multiple-floor buildings. Such first floor parking areas shall be screened from view by a living trellis (utilizing climbing vines) and/or architacturaiiy articulated fa(~ade designed to screen the parking area. (F) In order to increase the efficiency of parking provision and vehicle circulation, parking faciiifles shall be interconnected whenever possible. Parking facilities shall wherever feasible, be designed for future connection to an adjoining parcel where an existing connection cannot be established. Federal Highway Corridor District DRAFT of September 1, 2001 Page 8 Sec 5L.12. Dum_ pster Location ~' Dumpsters shall be adequately screened from view in a manner compatible with the surrounding environment. Sec. Sg'13. Cir?.?lati0n ~ Devel01~merit~ite~ ~it.h~.f~0ntage ~r~ F~beral Highway 'ocean, Bou evatd and Bo~nton B~ach Boulevard shall be des gned to d s~pra~ mid~ 6c~'s[reet crqs~ hgs on these Streets. · ",,' - · Sec.SL.14 Signage . ' ' ............................ Ch~apter 21 sha govern s gnag~e within [the Federa Highway Corddor District, S gns of the Boynton Beach [:a~ Development,Code. ~ ' ._ _ _. · : :: Sec.5L.16. Definitions Tl~e following are supplement definitions applicable on y to the Federal Highway Corridor District, and therefore take precedence over definitions in other portions of the Code in case of conflict. Landscaped Area - Open space area not occupied.by any structures or impervious surfaces, and landscaped with Vegetative r~aterial and ground coverts pu~'suant to the B0y~ton Beach LandsCape Code. Residential, Single Family Attached - Two (2) or more one-familY' dwellings attached by common vedical firewalls, whereDy each unit has its own front and rear access to the outside, and no unit is located over another unit. Exam31es of single-family attached dwellings include duplexes and townhomes. Residential, Multi-Family -A building containing two (2) or more dwelling units that cannot be classified as single-family attached. Discount Club - A business that sells goods in bulk or large quantity,, at costs generally below market price, to members of the public and/or businesses, and 'may require amembership inthe club. Federal Highway Corridor District DRAFT of September l, 2001 Page 9 DEVELOPMENT DE~I~TMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 01-243 TO: FROM: THROUGH: Cha-n-rh-an and Members Communi~,,~evelopmenr Agency Board Dick Hud~[~ Senior Planner Quintus Greene Director of Plarming and Zoning DATE: November 1, 2001 Project: PROJECT DESCRIPTION Proposed Zoning Regulations for Mixed Use and Mixed Use Low zoning categories, consistent with the recommendations of the Federal Highway Corridor Redevelopment Plat! Agent: City of Boynton Beach Location: Federal Highway Corridor segment between the Boynton (C-I6) Canal on the north and Woolbright Road on the south, and lying between the Intracoastat Waterway on the east and the right-of-way of the Florida East Coast (FEC) Railway on the west. BACKGROUND In January 2001, the City adopted ~ext amendments to the Comprehensive Plan to enable the preparation of redevelopment plans as recommended by the Bovnton Beach 20/20 Redevelopment Master Plan. The City Commission adopted the first of those redevelopment plans, the Federal Highway Corridor Community Redevelopment Plan, on May t 5, 2001. As the first step in the implementation process, the proposed land use amendment was transmitted to the Florida Department of Community Affairs (DCA) following 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, in anticipation of adoption of the amendment in December. The proposed changes to the Land Development Regulations rename and amend the existing regulations for the CentralBusiness 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 (~-L). The newly created and less intense zoning) district (MU-L will be applied to Planning Areas II and IV of the Redevelopment Plan, which consists of those properties that Iie west of the Intracoastal Waterway and east of the Florida East Coast OFEC) Railway in txvo areas flanking the existing CBD (Area 171I). The first is situated between the C-16 canal and NE 6th Court, north of the CBD (Area [I); the second is situated between SE 2nd Avenue and Woolbright Road to the south of the CBD (Area iV). The Page 2 Federal Highway Corcidor Zoning Code Amendment new zoning regulations, in part, 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 environments. Please note that Ptafining Areas I and V are not addressed by the proposed districts and corresponding regulations. Although the redevelopment plan contains specific recommendations for these two areas, ttfispackage of proposed amendments to the zoning code correspond with the amendments to the furore land use plan map, and are timed robe adoptedsimultaneously. Any plan recommendations, applicable to areas I and V, along with specffiC deTdgu~ guideJ~e~ for the corridor, will be processed in a future zoning cod~ amendment. .- On Saturday, October 6, 2001, staffmet with the CRA Board in a workshop on. these proposed ctianges to the Land Development Regulations. Since that workshop, several changes have been r~ade to the draft document, based on comments r. ec~ved at the :'ffgrkshop' and further staff analysis. In.briefi those changes are as follows: 1. Sec,5L.3, the Planning and:Zoning Director has replaced the City Manager in decisions regarding similarity of uses. 2. Use Group/Use: · Community Facilities Use Group: Government office is no longer a permitted use in the MU zone; Recreation (outdoor) has been added as a permitted use in the MU-L zone only. · Office Use Group: Physical Therapy Clinic has been added~as a permitted use in both zones. · Sales and General Commercial Use Group: Arts, Crafis Hobby and Framing added as aR(6) use in both zones; Automobile Sales added as a R(13) use in both zones; Instruction as an accessory use added to Dive Shops; Photographic Supplies added to Photographic Studio use; Confections added to specialty Foods use. · Service U~e Group: Dance Studio and Shoe Repair added to the MU zone as R(6) permitted/tses; · Entertainment Use Group: Performing Arts Theater use is moved from the Sales and General Commercial Use Group; Billiard Club/Bowling Alley/ Ind0°r RecfeatiOn Facility added as a R(8) use in the MU-L zone and a R(6) use in the MU zone. · R(14) restriction now includes "Storage/d~splay allowed only in wet docks or indoors, not to exceed 10,000 square feet." 3. Sec.5.L.5 Heigl~t: Note added, "*Maximum heig, ht at front property line is 35 ft. Add ~ minim~:n 10 foot siepback for every additional 50 f~. of height." ATTACI-~ViENTS EXHIBIT "A" Chapter 2, Sec. 5, Division L shall be known as the "Federal Highway Corridor District." Sec.5.L.1. Purpose and Intent. (a) Purpose and Intent. The district is intended to guide development and redevelopment in a logical hierarchy that will result in the preservation of residential areas while promoting the viability and success of the downtown. The district is intended to implement the recommendations contained in the Federal Highway Corridor Community Redevelopment Plan. Specifically, the district is intended to accomplish the following: · 1. Result in an improved iving and working environment relative to typical highway development pattems. 2. Enhance the City's tax base by ~ncreasing property values through better quaJ ty deve opment, and promoting and assisting the development and reoevelopment of the downtown. 3. Encourage the City's development an(~ redevelopment efforts in 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 interest by accenting buildings and visual landscapes rather than parking facilities and vehicle related uses. 6. Promote land uses that are primarily destination uses rather than [hose that cater to passing automobile traffic. Sec.5.L.2. Use Zones. Uses within the Federal Highway Corddor 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 me importance 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 prohibitec uses within lhe Federal Highway Corridor District. Uses are classified as Permitted (P), Restricted (R) or Not Permitted (N). Restricted uses are followed by a numeral that corresponds to a footnote below the table. Each footnote explains restricuons associated with the use. The Planning ano Zoning Director or designee shall have the discretion to permit uses that are not specifically listed but are similar to uses that are expressly permitted provided however, such uses are not ~xlJressly dent fled as cor{d tional[y 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 Board n~an,d~Rooming House em ~rbv~de-d by State law) COMM~I,-EY FACILITY USE GROUP GOv~rfi~,'~J~,!~ffic-e/i2i~)ib Cehter/Libi'ar~' ~ Recr~afior~' (outd oo r)' Museum House of;Worship Poii~e oJ: ~ire-Rescue Station, Post Office Branch , Pub lc Par,,k Public Pa~king Lot or Garage 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 ~ p N p P R(3) R(3) R(4) P R(5) R(5) p P p P Batiks ~aqciat institutions Med~ca ,or Denta CI n c Me,dioal o~ Dental Office ph~sic~,~her~:P~ Cnic pr~fe~t~6al';~b§iness Office V~{erinary O~e or Clinic SALES AND GENE~L COMMERCIAL USE GROUP p~ ff~d/¢estdcted an~nere within the MU zone; within the a~r~al~ Alcohol~ Begerage Package Store Animal B, )ardi~ or Kennel ~imal G ~oming ~ima Am~u ~n or Firearm Sale or Rental ~,:~ ~s."H~bbyand Framing Addtk ~use Auton e Pa~ Sales Auto }Sales Bakew Boa~Marine Sales/Rental BoaEM~rine Accessories Booksto~ Building'Supplies or Materials B~ Te~ina New Clothing, Shoes or Accessories Boutique C~ntm~oOs O~ce/EQuipment Storage R(10) R(t0) p P p P p P p P R(6) N MU-L zone only on lots fronting on major R(6) N N N N N N N N R(6) R(6) N N N N R(13) R(13) R(6) R(6) N R(14) R(6) R(6) R(6) P N N N N R(6) R(6) N N Federal Highway Corridor District DKAFT of November 8, 2001 Page 2 USE GROUP/USE SALES AND GENERAL COMMERCIAL USE GROUP CON'T. CoffeeShop Convenience Store Custom Furnishings and Antique Stores Cyber-caf6 Delicatessen Dive shop and I~struction as Accessory Use DrugStore or Pharmacy Grocery Store, Supermarket Flodst Hardware Store Health Food Store Home Improvement Centers Lumber Yard Newsstand Outdoor Storage or Display Parking Lot for Commercial Vehicles pa~king Lot or Garage, Private Ownership perSoaal Watercraft Sales, Rental, Service, Parts or Repai¢ Ph0tc~graph~i(~ Studio and Photographic Supplies ReStaurant, W/Drive Thru Restaurant, Sit-Down Specialty F~ods and Confections Sporting Goods Tobacco Accessories Vehicle or Marine Customizing, Detailing, Service, Parts or Repair Vehicleor-Marine Trailer Sales, Rentals, Service, Repairs and Storage Vehicle-Service Station w/Gas Sales Video Rental Wholesale SERVICE USE GROUP permitted/restricted anywhere within the MU zone; within the arterials. Barbershop/Beauty Sa!on/Day Spa Dance Studio Dressmaker or Tailor Drycleaner Fitness Club Funeral Home H0si~ital Lab~¢ Po01 Establishments Lauddrama[ ~d C"AI Outpatient Facility r~.dJ, Preschool or Child Daycare Nur~fng or Convalescent Home Pho~cbpy Center Self-Storage or Mini Warehouse MU-L ZONE MU ZONE R(6) P R(6) R(6) R(6) R(6) R(6) R(6) R(6) R(12) R(3) R(7) R(7) R(6) P R(6) R(6) R(6) R(6) N N ",1 N R(6) R(6) N N N N R(8) R((13) R(6) R(6) R(6) N N R(8) R(6) R(6) R(6) R(6) R(6) R(6) N N N N R(11) N R(6) F:((6) N N MU-L zone only on 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 R(6) N R(8) R(8) R(6) N N N R(6) R(6) N N Federal Highway Corridor District DRAFT of~ovember 8. 2001 Page 3 USE GROUP/USE M U-L ZONE MU ZONE SERVICE USE GROUP CON'T Shoe Repair Tattoo PadodBody Piercing ENTERTA[NMENT USE GROUP Adult Entertainment Bar, Cocktail Lounge Billiard Club/Bowling Alley/Indoor Recreation Facility Bingo Hall Fortune Teller Movie Theater Night Club F'efform~ng Arts Theater Private Clubs, Lodges and Fraternal Organizations R(6) N N R(8) R(8) N N N N N R(8) R(6) N N P R(6) N N R(8)R(3) - , -- R(8) R(8) ,., AOCESSORY USE Drive-Thru Facility (other than accessory use. to financial institutions and resteurants) Rtl0) R(1) Must be nteg~ated into a mixed-use, development that nc udes a non-resident al compen,ent,I~.~t~ compromses ~. mnmum of 30 pbrcent of the gross floor area of the entre d~veep~eh~i constructed within the same structureqn which the res dent al component s ocate , R(2) A owed as a permitted use if the ~ntire ground level floor is devoted to effice -or reJai[ Otherwise, use~. s a conditional use R(3) Use shall be s0bject to the following distance separation requirements, measured in a stm~ht li0e, d using the shortest distance between property lines: For uses with less than 5,000 square feet of gross floor area, 750 feet. . , For uses wi~ a gross floor area e~ual to or greater than 5,000 gross square feet 1 500 feet. ~: R(4) Subject to setback and buffer ng reqq!rements. ' : R(5) Storage of po§~al vehicles prohibitadi Maximum gross square footage of structure shall not exceed~ 2,500 square feet. R(6) Must be integr~tad into a commercial or m,xed use development and not exceeo 30 percent qf ~e gross floor area of the entire developmen[, constructed within the same structure as the remainihg commereial or mixed use development. R(7) Gross fl~or a~a 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-s te dro,~i~ff and pick-up only. Must be in[egrated into a commercial or mixed use developmem and compr~s~e:a maxmum of 30 percent of the gross floor area of the entire deveopmem constructed '~ihin the same structure as the remaining commercial or mixed use development. R(10) Drive-thru facility, including stackihg lanes, must be screened from public right-of-way anrd requires Conditional'Use approval. R(11) Sha comply with provisions of Chapter 2. Seca 1 .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 R(I3) No outdoor st~rage/d splay a owed: Indoor storage/display not to exceed 10,000 square feet. R(14) in conj~nctioniwit[q a permitted mariha use. Storage/display allowed only in Wet docks or indoor not to exceed 10,000 square feet. Federal Highway Corridor DisUict DRAFT of November 8, 2001 Page a Sec.5.g4. Minim_bm Parcel'Requirements A. Minimum LotArea Residential Or LodqinQ Use Group Hotel Residential, Singl~ Family Detached Residential, Single Family Detached w/Accessory Unit Residential; Single Family Attached Residential, Multi-Family Community Facility Use Group Public Park MU-L ZONE MU ZONE --- 3 acres 5.000 sq. f. --- 7,500 sq. ff. --- 7,500 sq. ff. 65,000 sq. ft. 15,000 sq. ff. 20,000 sq. ft. no minimum no minimum Ali other Use 10,000 sq. ff 10,000 sq. ff, Al. Minimum Living Area Single Family Detached All other Residential Accessory Apartment 1,000 sq. ff. --- 750 sq. ft. 750 sq. ff. 750 sq. ft. --- B. Minimum Lot Frontage Residential Or Lodqin~q Use Group Residential, Single Family Detached Residential, Single Family Attached (Duplex) Residential, Single Family Attached (Townhome) Residential, Multiple-Family AJI Other Uses 50 ft. -- 75 ft --- 25 ft 100 ff. 100 100 ff. 100 ff. MU-L ZONE MU ZONE Sec.5.L.5. Height A. Maximum Height Residential Or Lodqinf:l Use Group Residential, Single Family Detached Residential, Single Family Attached (Duplex) Residential, Single Family Attached (Townhomes) ?JI Other Uses *Maximum height at front property line is 35 ff. Add a minimum 10 ff of stepback for every additional 50 ft of height. 35ff .... 35 ff --- 35 ff --- 75 ff.* 150 ff.' B. Minimum Height 35 ff.* 35 Multiple story buildings are encouraged within the Federal Highway Corridor District, particularly along arterial roadways. The intent of this provision is to create the appearance, or simulate the intensity of, a minimum two (2) story building. 'Applies to any fagade With Federal Highway frontage. **Applies to any fagade with street frontage. U-LZONE MUZONE Sec.5.L.6. Minimum Pervious Area Community Facility Use Group Public Parking Lot or Garage -- Residential Or Lodqinq Use Group Residential: Single Family Detached 40% Residential, Single Family Attached 30% Federal Highway Corrfdor Dis~ct DRAFT of Novernber 8. 2001 Page 5 15% Sec.5.L.6. Minimum Pervious Area, Con't. ~_~, U-L ZONE .. MU ZONE 20% 15% MU-L ZONE ' MU ZONE- .... 10 ft.* --- 10 ft.* --- 10 ff."' 0-15 Ail Other Uses Sec. 5,L7. Minimum SetbaCk Requirements Front Yard Residential Or Lodqincl Use Group Residential, Single Family Detached build to line Attached,buil~ to line shall r~aintain a mi punic ~idewalk. the build to line and ,etback from any outside of 3r a garage orches and/or and from any public sidewalk. All Other: Uses including mixed use with.a sinqle-family attached component--bUild-'to line *T~e ama forward of the build-to line shall contain a 7-fora sidewalk With the remainder,landscaped. "one: or more. projecting feature(s)SUCh as awnings, balconies, colonnades porches and/or stoops required forward of the build-to line and Shall maintaih .a', min mum 5.~o0t~ clearance from any veh cu ar use area~ Element~ ~i~bjecting o~r a '~destrian walkway shall allow a minimum 9-foot verti~a clearance and 5 foot horzont~l pedestrian clearance. 10ffor15ff* ** Off** Side Yard Residential Or Lod,qinc~ Use Group Residential, Single Family Detached, interior Corner' Residential, Single Family Attached (Duplex) End Corner* Residential. single Family Attached (Townhomes) End Corner' Residential, Multi-Family -31us one addfl, foot for each foot of heigh[ 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 adjacent to an existing single-family detached dwelling, less width of right-of-way. MU-LZONE MUZONE 6ff. 15ff 10ft. 15ft. 10,ff 15ft. 20 ft.* Federal Highway Corrido[ District DRAFT of November 8. 2001 Page 6 20 ft." Sec. 5.L.7. Minimum Setback Requirements, Con't. Side Yard All Other Uses Adjacent to Residential Single Fatuity Attached or Detached ~n the MU-% Zone "plus one addtl, foot for each foot of height over 45 ft. less width of right of way Adjacent to Other Uses MU-L ZONE 25ff.' Oft." MUZONE Rear Yard Residential Or bodqinq Use Group AJI Residential, Where'Yard is Adjacent to Intracoastal Waterway 25 ff. Residential, Single Family Detached 7.5 ft. Resider~tial; Single FamilyAttached 7.5 ft · Residential, Multi-Family 25 ft.* 'plus one additional foot for each foot of height over 45 ft. where within or abutting the MU-L Zone All Other Uses Where Ya. rd is Adjacent to Intraceastal Waterway 25 ft. Where Yard is Adjacent to Residential 40 ft.* *plus one additional foot for each foot of height over 45 ft. within or abutting the MU-L Zone Where yar(~ is Adjacent to All Other Uses 0 ft.* *Fifteen (15~) feet abutting a street, 10 feet abutting an alley. 25 ft. 25 ft.- 12ft. 40 ft.' Sec.5.g8. Mixed Uses. Buildings containing residential an, d non-residential uses are permitted and encouraged, and subject to the same ~e,~elbprhe, nt standards as all other uses." Residential uses within mixed-use structures shall not be located on t~e ground floor, which shall be reserved for nonresidential uses. Nonresidential uses within mixed re§idenfial/n~nresidential structures shall be evaluated for their compatibility with residential uses [oceted on Upper floors, and shall demonstrate compatibility based upon use-type, construct or mater a s, floor plan ahd site layout, use of the next highest floor, and other factors as determined appropriate given the type of use. Sec.5.L.9. Building Placement, Massing & Orientation Structures lining Federal Highway and Ocean Avenue within the MU Zone shall occupy the entire width of the 3arco[ they are located upon, notwithstanding corner side setbacks and clearance needed for a drive that 'nay be required to access the rear of the property. Sec.5L.10, Landscaping Chapter.7.5, 8oyntor~ Be~ach Landscape Code, of the City of Boynton Beach Land Development Regulations. shall govern landscaping within the Federal Highway Corridor District. Sec.5L.11. Parking Requirements (A) :Parking requirements shall be as set forth by Chao[er 2. Section 11H. of the Boynton Beach Land Development Code, except as provided below. (B) On-site parking facilities shall be located to the rear of me structures they are intended to serve, or shall be located to the side of the structure they are intended to serve and screened from view from public streets, notwithstanding other provisions of these regulations that require a specific residential Federal Highway Corridor District DKAFT of November 8, 2001 Page - Sec.5L.11. Pa~king Requirements, Con't. automobile garage setback, and Sec.5L.11. (D) and (E) permitting understory parking and regulating parking garages. The ntent of th s prey s on is that parking facilities not be prominent as viewed from the stre~(s) that serve(s) as the main orientation-for the principal bU[ d bu Idings ~n.'8 pe~,~estria~ features and de-emphaSize pa~k ng f~ci ities, i r~;o~:der';t~ ~est' achieve this objective, rear parking is preferable to aid,e_ yard Parking..Access to pa~kin~ ~a ~efrem Side s{reets no:[ sen/ng as the principal structure s main 'fr9ntage 'Whe~:.,P0ssit~le in 0i:-~ei-' to ~ninimize vehicle/pedestrian conflicts along sidewalks resulting from driveway cross rigs. (C) Mixed-use developments may utilize the following parking requirements based upon sharec parking w th different hours of USe. The tota requirement for off-st~eet parking spaces shall' be the highest of ~re edt of the; varous uses ~bmpu~ed for the ~c: owing: f~ze.i~5),. weekdays (day,!me; ~ven~ng), ,weekends :(da,~,~r~:,~.,e.~]~g~.~n,~0-.~.~.e. ~¢~°,~,:,~,u,.~P~.~i,P calcu?t ng the.-~eq~rament'.of;the-'zari°us 8ses for th'e V¢~i~ ~ua ~eparate ~ rhe pe~igd.~s; ¢~'¢br6ent of parking r~quired shall be: Weekday Weekend Daytime Evening Daytime Evening (6 a.m.-5 (5 p.m.-mid- (6 a.m.- 5 p m.-~id- p.m.) night) 5 p.m.) night) (Percent) (Percent) (Percent) -(perce0t) Office 100 10 10 5 Retail 75 75 100 70... Lodging 75 100 75 100 Restaurant 50 100 100 ~100 Entertainment 40 100 90 100 Residential 60 100 100 100 100 (Source: Urban Land institute "Shared Park ng", 1983) (D) Freestand ng parking garages as part of a mixed use development are perm ttedwthin the MU, Zone only. Within the MU Zone, freestanding parking garages shall not;exceed '75 feet in height, arid Shall not have d rect frontage<~n Boynton Beach Bou evard, Ocean Avenue' or Ee~derat Highway unless the rton of the ara ~ abuttn sa d strebts conta ns ~torefronts restabCantS or other 'pe~:,mitted po' g g g , , ~ , · nonresident al uses onthe first and second floors. The ~ntent [sto bor~er or,wrap the garage ~n storefronts and other p&rmtted habitable floor area, ~0 as to dsguis~ thb'garage a~d ~create continuity in street-level activity by maintaining interest for pedestrians and passing aut~mobiI~:~traffic- · I structures tha~ nc ude oark ng garages aha ut ze des gn. techniques blending the Princlpa , - · ~' ' ' ~ ; :' ' ' ' ~ h architecture of the garage with the remainder of the structure, and creating the ~llustor~ tt~at t e garage is hab~tab e floor space. Park ng garages that are incorporated into the same structure as a p~rincipal building, including (E) **r,,,'-tur~ nrnvldino ~3arkCno on ewer floo~s and hab table space On upper fioors,.a~'e permitted, within t%'e'~';-n~'~'l~;L ~:o"nesi' I~nderstory park~ ng (on the first floor of a, sb'ucture) is- ~ermitted thro,Qghout MU and MU L Zonesifor muitipl~-floo~;bu dings SuSh first fl~qr ~Arki~g ~e~s shall be screened tfrhoem~ wew by a hying trellis (utilizing climbing vines) and/or architebtura[ly ~'rticulated'fa(;ade de;~igned to screen the parking area. (F) n order,to increase the effic ency of parking provis;on and vehicle circulation, parking facilities shall be nterconnected whenever possib e. F~ark ng facilities sha , Wherever, feaAi~te, be designed for future connection to an asjoin ng parcel where an existing connection Canr~t be ~Stab shed. Federal Highway Corridor District DRAFT of November 8. 200] Page 8 a manner compatible with the surrounding Sec.5L.12. Duml~ster Location Dumpstars shall be adequately screened from view environment. Sec.5L.13. Circulation Development sites ,M-th frontage on Federal Highway, Ocean Boulevard and Boynton Beach Boulevard shall be designed to discourage mid-block street crossings on these streets. Sec.5L.14. Signage Chapter 21 shall govern signage within the Federal Highway Corridor District, Signs, of the Boynton Beach Land Development Code. Sec.5L.15. Density The Comprehensive Plan shall regulate maximum density. Sec. SL. 16. Definitions Thi~ following are supplement definitions applicable only to the Federal Highway Corridor District, and therefore take precedence over definitions in other portions of the Code in case of conflict. Landscaped Area - Open space area not occupied by any structures or impervious surfaces, and landscaped with vegetative material and ground covers pursuant to the Boynton Beach Landscape Code. Residential, Single Family Attached - Two (2) or more one-family dwellings attached by common vertical firewalls, whereby each unit has its own front and rear access to the outside, and no unit is located over another unit. Examples of single-family attached dwellings include duplexes and townhomes. Residential, Multi-Family - A building containing b, vo (2) or more dwelling units that cannot be classified as sing e-family attached. Discount Club - A business that sells goods in bulk or large quantity, at costs generally below market price, to members of the public and/or businesses, and may require a membership in the club. Federal Highway Corridor District DRAFT of November 8, 2001 Page 9 Requested City Commissio~: VIIIi-PUBLIC HEARING ITEM ¢. 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 (5:00 p.m.) December 5, 200I (5:00 p.m.) December 19, 2001 (5:00p.m.) Requested City Comm~ssmn Meeting Dates [] January 15, 2002 [] February 5, 2002 [] Febrtmry 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.) Februm-y 6, 2002 (5:130 p.m.) Fel~ruary 20, 2002 (5:00 p.r~ i NATURE OF AGENDA~EM [] Adminis~xative [] Development Plans [] Consent Agenda -~ New Business [] Public Hearing [] Legal [] Bids [] Umfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please maintain this request on the December 18, 2001 City Commission Agenda under Consent Agenda. The public hearing has been postponed to the DeCember 26, 2001 Planning and Development Board meeting in order to meet requkements for notice and advertising. This amended schedule would place the public hearing before the City Commissaon on January 2, 2002. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 01-222. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: KRISPY KREME Scott Barber / Gee & Jenson Dymmic Doughnuts Florida Realty, Inc. and Krispy Kreme of South Florida, LLC Between NW 1s~ Avenue and Boynton Beach Boulevard [SR804] approximately 1,500 feet east ofNrW 7t~ Street, opposite the intersection of Boyaton Beach Boulevard and West Industrial Avenue. Request to amend the Comprehensive Plan Future Lend Use Map designation on a 0.62 acre parcel from Medium Density Residential (9.86 dugac) to Local Retail Commercial and; to rezone ffum Duplex Residential (R-2) to Neighborhood Commercial ~C-2). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A D e~lt~tner[t-D~-p ar t m~t ~lJirector Signature lanning and Zointlg~Dkector City Attorney Finance /Hnman Resources s 5PIanning~SHARED\WP~PRO JECTSXkrispy kreme~LUAR~Agenda Item RequestlfaSspy Kreme LUAR 12-18-01 .dot S:~BULLETIN~ORM S~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 01-222 TO: Chairman and Members Planmng and Development Board FROM: Dick Hudson, Senior Plarmer THROUGH: :~'Michael W. Rumpf :-: Director of Planning and Zoning DATE: October 15, 2001 Project/Applicant: PROJECT DESCRIPTION Dynamic Doughnuts Florida Realty, Inc. and Krispy Kreme of South Florida, LLC Age~: Scott Barber / Gee & Jenson, Inc. Salvador and Norma Sentmanat & Anthony Marmino Location: Northwest 1~ Avenue (between NW lS; Avenue and Boynton Beach Boulevard [SR804] approximately 1,500 feet east ofNW 72 Street). West Industrial Avenue intersects with Boynton Beach Boulevard immediately north of the subject property. (See Exhibit A) File No: Land Use Amendment/Rezoning (LUAR 01-008) Property Description: Vacant property consisting of 0.36 acres classified Medium Density Residential (MeDR) and zoned Duplex Residential (R-2), and 0.26 acres of developed property, containing one duplex residential building and classified Medium Density Residential and zoned Duplex Residential (R-2). Total property to be reclassified and rezoned equals 0.62 acres. Proposed change/use: To reclassify the subject property from Medium Density Residential to Local Retail Commercial (LRC), and rezone from Duplex Residential (i{-2) to Neighborhood Commercial (C-2L The subject property will be combined with a 0.42 acre vacant parcel to the west, which is currently classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2), to assemble a +-1.04 acre site to be developed as a fast food restaurant with a drive through feature. Adjacent Land Uses and Zoning: North: Right-of-way of West Boynron Beach Boulevard (SR 804), then property qlassified Local Retail Commercial (LRC), zoned Neighborhood Commercial (C-2), and developed with a service station; (Texaco) to the northwest; to the northeast the intersection of Boynton Beach Boulevard and West Page 2 File Number: LUAR 01-008 Krispy Kreme Doughnuts. Industrial Aven~e and farther east, right-of-way of Industrial Avenue then developed property classified Industrial (I) and zoned Light Industrial (M-i) (the locations of Lioyds Auto Electric and Foster Oil). South: Right-of-way ofNW 1s~ Avenue, then property classified Low Density Residential, zoned Single family Residential (R-l-A) and developed ~vi'th single family homes. East: Property classified Medium Density Residential (MeDR), zoned Duplex Residential (R-2) and developed with duplex (two family) homes. West: Vacant property classified Local Retail Commercial (LRC), zoned Neighborhood Commercial (C-2) and under ownership of the applicant. Farther west is developed property classified Local:Retail Commercial (LRC), zoned Neighborhood Commercial (C-2) and occupied by a dental/medical office building. PROJECT ANALYSIS The parcels, which are the subject of this hnd u~e aCendment, total 0.62 acre. Because of the size of the property under consideration, the Florida Depar~ e~;~ ofcbmmunity Affairs classifies this amendment as a "small scale" amendment. P~ "small-scale" arfiendm4nt is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. This amendment request presents a unique sitaation! The property is being assembled from property owned by two separate parties. The western propers, under single ownership, consists of vacant land totaling +0.78 acre and is bisected from north to sotgh/nto two land use classifications and two zoning districts. The western portion of approximately~0.42 acre is classified Local Retail Commercial (~RC) and zoned Neighborhood Commercial (C-2). The e,astem portion equals approximately 0.36 acre, is classified Medium Density Re~sidential ~eDK), zohed DUptexResidential (R-2) and is a subject of this requesT. The _+0.26 acre parcel to the east.is currently under separate ownership and is also a subject of this request. It is classified Medium Density Reside~tia~ (MeDR), zoned Duplex Residential (R-2) and is occupied by a duplex (two family) structure (See Exhibit "C"). 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 ana!~siS when the prOposed change includes an amendment to the Comprehensive Plan Furze Land Use Map. t~hether the propased rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition aga(nst any increase in dwelling unit density exceeding 50 in the hltrricane evacuation zone without written approval of the Palm Beach County Emergency Plqnning Dt¥isioi~ and the City's risk manager. The planning department shall also recommend limitatiohs or requirements, which would have to be imposed on subsequent development of .the properry, in order to comply with policies comained in the comprehensive plan. According to the Comprehensive Plan Future Land Use Support Document, under the "Discussion of Supply and Demand for Commercial Land" the following ~s recommended: Page 3 File Number: LUAR 01-008 Krispy Kreme Doughnuts "The Future Land; Use Plan which is proposed for the City and area to be annexed by the City will accommodate all of the anticipated demand for commercial land through build-out Therefore, the city should not change the land use to commercial 6ategoi~S~ beyond that which is shown or4 th~e_.propo~ed Future Land Use Plan, except for minor boundary adjustments, small infi[1 parceI~,.gr_q~mmerg,ial ~e;s 9~&h~g~l7 sp~,gia!~z~ natu:[, .e,,which have sp,ecial location or site requiremer/t~,'knd thefcf0r~ Ca~ ~gt, 167 easily aceorrCqbdated on already ~e~ignkL~l commercial areas." This direction is repeated in Policy 1.19.6 of the Land U~eElement. shall been the for Other uses, or a and densmes~ The request win add a total of ~27,000 'sq~e feet to tire existh3~g c~ercia! Bode tim[ exists on both s~des of Boynton Beach Bou!evar6m,:t~,s area and m,a. g5e~ m :e~,,,,ed ,as armn0rboundary adjustment. It,s not likely ,that any beneficial, co~;, ,~d~?elopw.q~.~ ~$rco~Id~0e~ on the ±18,000 square foot portion of the prop~ cu~ ,eh, fl,y. demgg,,ated, fqr~:e~re~al !~,~,,~l~p,m,,e,~,.:~ ~e M~ul~eously promding adequate screening ~nd .~O,ng fq~i ~ 3d:~ia~i~.,pejgh~b~°~¢-, ~!~ ?~tq ~ appligan, t} the resyalt!ng commercmlly-de~gnated p~et~,ll,~.gl_~,' ~ne~es~p~,qp~.t~9 alln.w~[~f greater c~rculatton efficiency. b. Whetker t~l~e t2ropos'.~ r.~onjng ~/ould~ be~ qo~?~a~ito~ thc e~tq. bhshed land use pattern or would Create an ~so~if.~ti~z~nretat.,~d to cktj~qeg~ and nearby distrtcts or ~ould consttt~lite a gran~ o~pe¢(,c~,pt'm~tCge ¢ ~ zndiw~pro£erty owner as contrasted w~th the protection of the publzc welfare. ' ' · The proposed rezoning would n~o? an existing commercial node. 'ifwoiil~l relat~ ownership and tq pfop~'ty both fai-ther west and a¢~ developed for Local Retail C~mmercml ~u~,e_s: The~ commercial district~ coupled:with th~ city s:,landsc of commercial developments .on residential develop~ gtrict, b~t would represent a minor enlargement of J~e~,'t t~h~ t~ ~e?'est,, ~hieh are'under the ~ame ~ BB~mib~' ~ea,¢l/~ut~vaid~ that are already' [ir .~/~g~; ~yc!buffer wa)Is be~veen remdent~al and ag (Cig}hameir) reqmre/ments; ensure~at nmpacts ~s(are ameho~mted, c. Whether changed;or changing condit~on~ mdk~ th~ proposed' rezamng destrable. There are no changed or changing ~orfditions that make the p,~Ogosed rez~ng desirable. d Whether the proposed:use would be compatible mith ali4itfi systerfis}' roadways, and other public facilities. Page 4 File Number: LUAR 0t-008 Krispy Kreme Doughnuts. The parcels, wh/~h are the ~ubject of this land use amendment, total 0.62 acre. Only applications involving parcels larger than one (1) acre are required to include comparisons of water demand and sewage flow esumates. The Palm BeachCoi~n~-Traffic Division has reviewed the traffic study for the entire project and ?s.. determined that it meets the Traffic Perfomaance Standards of Palm Beach County. The Traffic D~,nsmn Engineer recommended that the City "review traffic operations at the project access driveway, with emphasis on left-roms in and out of the site. The forecasted peak hour ~olumes indicate the need for prowsion of a westbound left-mm land on Boynmn Beach Boulevard onto the site. Also, adequate safety measures should be considered to accommodate left-tums out of the proj eot site." With respect to solid waste; the Solid Waste Authority (SWA) has stated, in a letter dated January 6, 1999, that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, at wkich time compliance with alt requirements of the city and local drainage permitting authorities must be demonstrated. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the proper~y values of adjacent or nearby properties. As stated above, the proposed zoning would be compatible with current uses of adjacent properties to both the north and the west. The buffering and landscape requirements expressed in both the comprehensive plan and the zoning code will serve to lessen any negative effects the commercial development would have on the existing residential development. f. Whether the property is physically and economically developable under the existing zoning. As stated above, it is doubtful that any beneficial commercial development could occur on the +18,000 square foot portion of the property currently designated for commercial development w~thout leaving minimal land available for buffering purposes. A duplex dwelling rrdght be coflsh-ucted on the residentially designated portion; however, the location adjacent to Boynton Beach Boulevard and the southbound enzrance ramp m 1-95 make this location less than desirable for residential development. The eastern-most parcel is currently developed with a duplex dwelling. g. Whether the proposed rezoning ts of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The subject rezoning and subsequent use of the property would represent a positive contribution to the commercial corridor of Boynton Beach Boulevard. 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 number of sites elsewhere in the city where the development of the proposed use would not necessitate a land use amendment and rezoning. These locations may not afford the proximity to a state road (Boynton Beach Boulevard-SR804) or an interstate highway (1-95) that this location provides. Page 5 File Number: LUAR 01-008 Krispy Kreme Doughnuts CONCLUSIONS/RECOMMeNDATIONS e Plan; will not create will be buffering ATTACHMENTS Kequested City Corami~sioh -' Meetinu Dates [] November 20, 200] VIIL-PU BLIC HEARING ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR a 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.rr~) December 19, 2001 (5:00 Requested Cit~ comrmssion Meet/ne Dates [] January 15. 2002 [] February 5. 2002 [] February 19, 2002 [] March 5, 2002 Date Final Form Must be Turned in to Ci~ Clerk's Office January 3, 2002 (5:00 p.rm) January 16. 2002 (5:00 p.m0 Febmmy 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 [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please maintain this request on the December 18, 2001 City Commission Agenda under Public Hearing. The public hearing has been postponed to the December 26, 2001 Planning and Development Board meeting in order to meet requirements for notice and advertising. This amended schedule would place the public hearing before the City Comnnssion on January 2, 2002. For further details pertaining to the request, see attached Department of Developmem MemurandumNo. PZ 01-222. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: KRISPY KREME Scotr Barber / Gee & Jenson Dynamic Doughnuts Florida Realty, Inc. and Krispy Kreme of South Florida. LLC Between NW 1s Avenue and Boynton Beach Boulevard [SR804] approximately 1,500 feet east ofNW 7t~ Street, opposite the intersection of Boynmn Beach Boulevard and West Industrial Avenue. Request Conda~ional Use/Site Plan approval for a 4,680 square foot fast food restaurant with drive-through feature. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: .~ff~ N/A tJevempnlent Department Director City Manager's Signature planning and Zo~[n~ Director City Attorney / Finance / Human Resources S:~PlarmmgkSHARED\WPkPROJECTS~krispy kreme\COUSXAgenda Item RequestYrispy Kreme COUS 12 -4-01 .dot S :kBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC November 26, 2001 Gee & Jenson Ce/ebrating 50 Years of Desig~ ~¥cellence Mike Rumpf, Director City of Boynton Beach Planning & Zoning Division 10i~E': Bo~nt, o~Beach Boulevard P.O. ~Box 310 Bb~6n B~a6h, FL. 33425 Re: Krispy~Kreme De. Mike: This letter is to serve as formal request to withdraw the public notice for the conditional use / site plan review on November 27. 2001. We respectfully request public notifications be reissued and the meeting schedule be revised so that the conditional review will Coincide with the land use / rezoning application scheduled for P&D Public Hearing on December 26, 2001. If you should have any questions about the above information please do not hesitate to contact me at (561) 515-6641. ,y, Scott Project Manager [DEPARTMENT OF D~ELOP~IENTJ sjb 21-164.01 One Harvard Circle. West Pahn Beach. FL 33409-1923 T(561) 515.6500 r-(561) 515.65o2 DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORAINDUM NO. PZ 01-222 TO: Chairman and Members Planning and Development Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: October 15, 2001 Proj ect/Applicant: PROJECT DESCRIPTION Dynamic Doughnum Florida Realty, Inc. and Krispy Kreme of South Flor/da, LLC Agent: Owner: Scott Barber./Gee & Jenson, Inc. Salvador and Norma Senuuanat & Anthony Mannmo Location: Northwest 1s~ Avenue (between NW 1~ Avenue and Boynton Beach Boulevard [SR804] approximately 1,500 feet east ofNW 7t~ Streef). West Industrial Avenue intersects with Boymon Beach Boulevard immediately north of the subject property. (See Exhibit A) File No: Land Use Amendment/Rezoning (LUAR 01-008) Property Description: Proposed change/use: Vacant property consisting of 0.36 acres classified Medium Dcmsity Residential (MeDR) an~t zoned Duplex Residential (R-2), and 0.26 acres of developed property, containing one duplex residential building and classified Medium Density Residential and zoned Duplex Residential (R-2). Total property to be reclassified and rezoned equals 0.62 acres. To reclassify the subject property from Medium Density Residential to Local Retail Commercial (LRC), and rezone from Duplex Residential CR-2) to Neighborhood Commercial (C-2). The subject property will be combined with a 0.42 acre vacant parcel to the west, which is currently classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2), ro assemble a +1.04 acre site to be developed as a fast food restaurant with a drive through feature. Adjacent Land Uses and Zoning: North: R/ght-of-way of West Boynton Beach Boulevard (SR 804), then property classified Local Retail Commercial (LRC), zoned Neighborhood Commercial (C-2), and developed with a service station (Texaco) to the northwest; to the northeast the intersection of Boynton Beach Boulevard and West Page 2 File Number: LUAR 01-008 Kxispy Kreme Doughnuts Industrial Avenue and farther east, right-of-way of Industrial Avenue then developed property classified Industrial (I) and zoned Light Industrial (M- i) (the locations of Lloyds Auto Electric and Foster Oil). South: Right-o£:way ofNW Is' Avenue, then property classified Low Density Residential, zoned Single family Residential. fR-1-A) and developed with single family homes. East: Property classified Medium Density Residential (MeDR), zoned Duplex Residential (R-2) and developed with duplex (two family) homes, West: Vacant property classified Local Retail Commercial (LRC) zi~ned Neighb0rhoodlCommercial (C-2) and under ownersh/p of the applicant. Farther west is d,e/zeloped,.l~ope~l~s~ified Local ~etail Commercial (LRc), zoned Neighborhood commercial (C-2) and occupied by a dental medical office building. PROJECT ANALYSIS. The parcels, which are the subject of this land use amendment, total 0.62 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale"amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. Tins amendment request presents a unique situation. The property is being assembled from property owned by two separate parties. The western property, under single ownership, consists of vacant land totaling +0.78 acre andis bisected from north to south into two land use classifications and two zoning districts. The western portion of approximately_+0.42 acre is classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2). The eastern portion equals approximately 0.36 acre, is classified Medium Density Residential CMeDR), zoned Duplex Residential (R-2) and is a subject of this request. The +-0.26 acre parcel to the east is currently under separate ownership and is also a subject of this request. It is classified Medium Density Residential (MeDR), zoned Duplex Residential (R-2) and is occupied by a duplex (two family) structure (See Exin'bit ~'C'?). 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 Futur~ Land Use M~/p. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies inbluding but not limited tbi a prohibia'on :aga!nst anj~ increase in dwelling unit density exceeding 50 ~in the hurricdne evacuatibn zone Without w~itten approval of the Palm Beach Counly Emergfenc~ Plkittning Division and the~ City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order ~o comply with policies contained in the comprehensive plan. According to the Comprehensive Plan Future Land Use Suppor~ Document, under the "Discussion of Supply and Demand for Commercial Land" the following is recommended: Page 3 File Number: LUAR 01-008 Krispy Kreme Doughnuts. "The Future Lanci Use Plan which is proposed for the City and area to be annexed by the City will accommodate all of the anticipated demand for commercial land through build-out. Therefore, the City. should not change the land use to commercial categories, beyond that which is shown on the.proposed Future Land Use Plan, except for minor boundary adjusunems, small infiI1 parcels, or commercial uses of a highly specialized nature, which have special location or site requirements, and therefore.cannot, be easily accommodated on already designated commercial areas." This direction is repeated in Pohey 1.19.6 of the Land Use Element. The C~ty shall not allow commercial acreage which is greater than the demand which has been projected, unless it can be demonstrated that ~he admtional commercial acreage would not require the proportion of commercial acreage on the C ty s Future Land Use Map to exceed the proportion of commercial acreage on the Palm Beach County Future Land Use Map. The City shall not allow commercial unless a particular property zs unsuitable for other uses, or a geographic, need ex/StS which cannot bo ~¢lfilled by existing commemiatly-zoned prop,,erty, and the commercial use would compl~y with all-other apphcable comprehensive plan policies. The subject property is not located within the hurricane evacuation zone. Rather than increase residential densities~ the requested amendment will reduce the total number of existing housingstock by two units. The request will add a total of _+27,000 square feet ~to the ex/sting commercial node that ex/sm on both sides of Boynton Beach Boulevard in this area and may be viewed as a minor boundary adjusnnem. It is not likely that any beneficial commerciaI: d~vel,o~?t eo~lld occur onithe _+18,000 square foot portion of the property currently designated for c6m2mercial de¥etopment while ~imultaneously providing adequate screening end buffering for the adja~en~ ne~ghb~rh~0~)d.' According to the app3icant,' the res~lting commercially-designated parcel will add'the necessaryp~operty to allow for greater clrculatmn effimency Whether the proposed rezoning woutd be Contrary to the established land use panern, or wouM create an isolated district unretated to adjacent and nearby districts, or would constitute a grant of speeialpr~vilege 'ts an individual propercy owner as contrasted with the protection of the public welfare. The proposed rezoning would not create ar~:isolated district but would represent a minor enlargement of an existing commemial node, It would relate to ~e:a~djaoent lands to the west, which are under the same ownership and to property both farther west and acroSs B~Ynton Beach Boulevard that ai:e akeady developed for Local Retail Commercial uses The requirements for buffer walls between residential and commercial districts, eoul~led with the city'S landschp~gi(~¢g~ barrier) requirements, ensure that impacts of commercial deVelopm~'nts on residential:dev~l°Pmedts are ameliorated. c, Whether changed or changing conditions ~ake the proposed rezoning desirable. There are no changed or changing conditions that make the proposed rezoning des/table. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Page 4 File Number: LUAR 61-008 Krispy Kreme Doughnuts. The parcels, which are the ~ubject of this land use amendment, total 0.62 acre. Only applications involving parcels larger than one (1) acre are required to include comparisons of water demand and sewage flow est/mazes: _ The PatmBeach County Tmffic'.Division has r~vitwedthe traffic s~dy for the entire,project and has determined that.!ii me~s:th~ Tr:affic P,,erformance stana~rds,~;f Palm~'Beail/.- cOUnty, The Traffic Division Engineer recommended that the City 'review'traffic operatibns atthe project access dr/~ay,~.With. emphasis on left,rums in and out 0fthe site. The forecasted peak hour volumes indicate the need for provision of a westbound left-turn land on BoUrbon B~l~B.oul~Var&:ontoi~e~si!? Al~o} adequate safety measures should be Considered to acc0~0date' I~: ..roms out o~the projec~t site.' tha~, a~dequate capac~:.ex~its to ace~o ~te~:~ty-~ ~:~m!~aI/tm~ ~ughaut ~e .~0. year planmng Lastly, drayage wll also be remewed~¢~tM1 a,s~j0/~}~':m~e~i~of ~t~e~or~tmnat use apphcatmn az which t~me comphance w~tl~alt:~mqunrements ~ qU~)~aif~tilocat ~ama~e~emmtt~ng authontues must be demonstrated. e. Whether the proposed rezoning:,would be cqrnpatible with the current and future use of adjacent and ne~arby properti~S, or would affect }he prOPerty val~es of adjacent or n'~arby properties. As stated above the proposed zoning would becompatihle~ with curren. ~ uses of adjacent.properties to both the north and the west. Thebuffering and;land~,ap~ req~emems~'exp~essed m both the comprehensive plan and the zoning code wii~ ser~e to ~le~;s~ any n~eg~tive effe~t~ ~he commercial development would have on the e~isting res/denfiai ~evei0i~me~t.- i ' ~ f Whether the property is physically and econ, o~nically developable under the existing zoning. As stated above, it is doubtfifl that any beneficial commercial development could occur on the +18,000 square foot portion of the property currently designated for cormn~rcial development without leaving minimal land available for bu?fering Purposes~ A duple~ dwelling might be ct-ustmcted on the residentially designated portion; however, the location adjacent to B0~mton Beach Boulevard and the southboUnd entrance ramp to 1-95 make this location !es~ than de~irabl~}for resident/al development. The eastern-most parcel is: currently developed with:a duplexdwelling. Whether the proposedrezoning is~ of a scale which is reasonably related to the needs of the neighborhood and the city as a Whole. The subject rezonmg and subsequent use of the property would represent a positive contribution to the commercial corr/dor of Boynton Beach Boulevard. h. Whether there are adequate sites elsewhere in the city for the p~oposed use, in districts where such use is already allowed. There are a number of sites elsewhere in the city where the development of the proposed use would not necessitate a land use amendment and rezoning. These locations may not afford the proximity ~o a state road (Boynton Beach Boulevard-SR804) or an interstate highway (I~95) that this location provides. Page 5 File Number: LUAR 01-008 Krispy Kreme Doughnuts CONCLUSIONS/RECOMMENDATIONS As indicated here/n, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrash-uctare that have not been anticipated in the Comprehensive Plan; will be compatible with adjaeent land uses and will contribute to the overall econom/c development of the City. Therefore, staff recommends that the subject request be approved, with the acknowledgement that buffering and other design requirements intended to maxim/ze compatibility with adjacent uses and traffic related comments will be applied at time of site plan/conditional use review. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "C". ATTACHMENTS Requested City Commission Meeting Dates [] November 20, 200I [] December 4, 2001 V'III.-PUBLI¢ HEARING CITY OF BOYNTON BEACH ITEM E. AGENDA ITEM REQUEST Date Final Form Must be Turned in to City Clerk's Office November 7. 2001 (5:00 p.m.) November 2I, 200I (5:00 p.m.) December 5. 2001 (5:0Q p.rm) Decm'nber 19,2001 (5:00 p.rm) Requested City Comnfission Meeting 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.) Jamuary 16, 2002 (5:00 p.m.) February 6, 2902 (5:00 p.m.) February 20, 2002 (5:00 p.mv NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please maintain this request on the December 18, 2001 City Commission Agenda under Public Hearing. The applicant has requested the public hearing be postponed to the December 26, 2001 Planning and Development Board meeting. This amended schedule would place the public hearing before the City Commission on January 2, 2002. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: MOBIL WOOLBRIGHT & CONGRESS Anna Cott~ell Mob//Oil Corporation 2605 W. Woolbright Road Request for Conditional Use/Site Plan approval for a gasoline dispensing establ/shment with accessory car wash facility. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Develbfm~ht lJL"partment Dh'corot Plan~ing and ZoningrlS~rector City Att-omey / Finance / Human Resources S:~Planning~SHARED\WP~PRO JECTSWIobil Woolbright & Congress 2001~Agenda Item Request Mobil Woolbr/ghtCongress 12-I$-01.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORNI.DOC Lusia C-alav ~ Pdncitm! Planner Ci~ o£Boynton Beach l~ E. Boynwn Beth Boulevard PO Box 310 ~n B~h, Flod~ 3342.5-0310 APPLICATION, FOR CONDITIONAL USE AND SITE PLAN APPROVAL MOBIL STATION/NORTHWEST CORNER OF THE INTERSECTION OF CONGRESS AVENUE AND WOOLBRIGIt'I' ROAD Dear Lusia: Please accept.this letter as our request that the hearing by the Planning and Zoning Bozxd i'or the referenced aPPlication be postponed. We are requesting the application [~e heard in December, 2001 rather than November, to allow sufficient time for Mobil Oil to cv//luat~ thc recommendations oft.he TRC relative to site ~nd architectural desigr~ Your assistance in this matter is appreciated. Anna Co~.retl cc: Herman Steinberg, Trammel Crow Requested City Commigsio'fi: Meeting Dates [] November 20. 2001 [] December 4, 2001 [] December 18, 2001 January 2, 2002 XI, - NEW BUSINESS ITEM A. CITY OF BOYNTON BEACH .AGENDA ITEM REQUEST FORM Date Final Form Must bo Turned in to CRv 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 (5:00p.m.) Kequested City Comrrfission Meetin~ Dazes [] January 15, 2002 [] February 5, 2002 [] February 19~ 2002 [] Mamh 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 [] New Business [] Public Hearing [] Legal [] Bids [] Unfaxished Business [] Annotmcement [] Presentation [] City Manager's Report RECOMMENDATION: Please maintain this request on the December 18, 2001 City Commission Agenda, noting that the item had been tabled by the Commission on December 4, 2001. Staff recommends that the City Commission endorse the enforcement of current regulations requiring shade canopies to be defined as "structures' and therefore subject m building codes and zoning regulations. EXPLANATION: Staff has recently issued numerous citations to property owners with shade canopies that were erected throughout the city without permits. By circumventing the proper permit review, these "structures" have not been reviewed for compliance with wind-load and other:structural requirements as well as for conformance with minimum setbacks, ha light of the number of canopies existing throughout the city, the demand for them to protect property from sun exp0sure and damage, and in most cases, thc inability to satisfy setback requkements, the public will likely be very concerned about the outcome of the City's review of this issue. Staff favors thc continued application of building and zoning requffements in the review of canopies, g~ven the potential for them to 1) represent visual obstructions on properties where views are Othemdse preserve&by setback regulations; 2) create unsightly condifiom when not properly maintained or replace~t }vhen ~ncceseary; 3): en~ourage the placement of vehicles and boa~s on unpaved surfaces which could lead to blighted conditions if not maintained; and 4) potentially increase th'e magnitude of debris and hazardous conditions during storm events. The Planning and D~velopment Board, with an emphasis on potential aesthetic impacts, also recommended th,al shade canoptes continue to be considered "structures" and therefore subject to zoning regalataons (e.g. setbacks), and permitting requirements. For fuxther details pertaining to this request see attached Deparmaent of Development Memorandum No. PZ 0t-235. PROGRAM EVIPACT: N/A FISCAL IMPACT: N/A F l~l-i-g and C~ty Manager s S~gnature City Attorney / Finance / Human Resources S:Wlanning~S HARED\WP~SPECPRO JkRegalafions\Canopies (vehicle)kAgenda Item Request Canopies,cars,boats 12-18-OI.dot S:kBUIJ~TIN~ORMSkAGEIqDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 01-235 FO: FROM: DATE: SUBJECT: Qnimus Greene Director of Developmem Michael W. Rumpf Director of planmng and Zoning November 19, 2001 Canopies (vehicle and shade canopies) Discussion item for City Commission City staff has recently issued numerous citations to property owners with shade canopies erected throughout the city without permits. By mrcumventing the proper penmt review, these "structures" have not been reviewed f9r compliance with windload and other structural requirements as well as reviewed for confOrmance with minimum setbacks. In light of the magnitude of these canopies existing throughout the city, and the possible need for them to protect property fi:om sun exposure and damage, the city ~s c.~ntly considering the review and rewsion of existing regulations and processes applicable to ~an0p~. The .Planning & Developmem Board reviewed this issue at its September meeting, and cph~,~!iW[~. Dep~ent staff ithat shade canopies is~hould continue to be regulated as "structures", anc~ ther~f0re subject to bmldmg codes and zoning regulataons. ~ Shade canopies~range in. size and shape but are typically about 10 feet wide, 20 feet deep: and 9 feet high at the peal~ (sedattachrnents for photographs of local canopies)I The main use for shade canopies is obviously to [~mte~yehicles from the affects 9£ the sUnk hoWever, they are also used to supply shade to the significant n~be~,of boats and other recreational vehicles owned in this area, and for covering those vehicles that are currently inoperable and/or are beir~g worked on. In some cases, the need for canopies maybe cguS~d by the lack of a~ garage or ~the cor~ve~ion of the garage to liwng area. As shade canopies have ~I~a~y~ been construed as "stmcturesT, they I/ave always been required to be pemh~ted, meet windlo~'d kn~ i~iher building code requirements, and isatisfY zonihg regUlafions with respect to setbacks. Issues that are cun'enfly being considered are described below: 1) Whether canopies are "structures" and subject to applicable regulations As indicated by attachments supplied by the Building Official, canopies have been construed as structures and therefore subject to all applicable building codes. Although argued that they are temporary and removable in the preparation for a major storm, this is difficult to ensure/enforce, and the Building O£ficial, reports that the debris remaining in Dude COnnty following Hurricane Andrew contradicts this posiffon. Furthermore, many non-hurricane storms also have wind velocities capable of removing canopies but do not allow for advance notice and preparation time. Page 2 Canopies In contrast tc the Building Code, the Zoning Code defines a "structure" as an improvement for which a certificate of occupancy (C.O.) is required This may represent an internal inconsistency given that canopies are not finalized with a C.O. as they are not inhabitable. However, this discrepancy does nor negate the logic behind.their identification as structureS. For comparison, staff surveyed nearby jurisdictions to determine if the city was unique ha its review of canopies. The following table summarizes the findings of this survey: JURISDICTION CONTACT PERMIT REQUIRED? DelrayBeaCh Building' Official Yes, and subject to setbacks and windload Standards. Greenacres Building Official No, but subject to builrling setbacks. Lantana Building Official Yes, and subject to setbacks and windload standards. Jupiter Building Offical Yes, and subject to setbacks and windload standards. Palm Beach Co. Structural Plan Reviewer [ Yes, and subject to setbacks and ~dioad standards Wellin~on Ch. Stract. Plan Reviewer I No canopies allowed. West Palm Beach Building Official I Yes, and subject to setbacks and windload standards. The survey results indicate that Boynton Beach is not unique in ~ts processing of canopies. As indicated by the above table, many other nearby communities also require permits for canopies, as well as compliance with windload standards and building setbacks. 2) Whether canopies should be subject to zoning district setbacks Canopies are also listed in the Land Development Regulations under Chapter 2. Zoning, Section 4.J(8) which lists exceptions to the standard setbacks or height regulations for selected structures and elements such as fences, rock gardens, flag poles, and chimneys. However, those canopies not subject to the standard building setbacks are limited to those mounted/supported only by a building wall. In this case, such canopies may exceed the setback up to two and one-half (2 ½) feet. The other exception to setback applicability, is that a storage structure, no greater than 100 square feet in size and 7 feet in height, are subject to a side and rear setbacks of only three (3) feet. Other issues being considered include the role that individual homeowners associations could have m the review and enforcement of canopy restrictions and appearance standards. At minimum, staff is requesting that the Board contribute to the current consideration of canopy regulations by advising whether they should continue to be construed as "structures" and therefore subject to standard building setbacks, whether special considerations should be provided for them in the section on Other Strucrures thereby creating reduced setbacks and special limitations on location, size and/or height, or should they not be reviewed as structures and therefore not subject to setback restrictions. Staff favors the continued application of building and zoning code requirements in the review of canopies, given the potential for them to 1) represent visual obstructions on properties where otherwise preserved by setback regulations; 2) create unsightly conditions and in particular when not properly maintained or replaced when necessary; 3) encourage the placement of vehicles and boats on unpaved Page 3 Canopies surfaces which could further lead to blighted conditions if not maintained; and 4) potentially increase the magnitude of debris and hazardous conditions during storm events. Furtfiermore, due to thb limited ~ide yard existing on,, ,a tTp~?!.s~ngle~.fa~,ily-~r ,tm. 0-f ~a~n, ily~ lot, reduced restrictions applicabl~-to canopies' may lead to'the iie~(i f~r'9~es; ~)r ~lief~fi:om codes fo allow them where there is inad. eqcate sl~ace. Attachments Requested City Commissidtz-- Meetir, a Dates [] November 20.2001 [] December4. 2001 [] December 18;2001 [] Jgnuary 2, 2002 XI. - NEW BUSINESS ITEM B. CITY OF BOYNTON BEACH .AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission In ro C/tv Clerk's Office Meeting Dates November 7.2001 5:00p.m. [] January 15, 2002 November 21, 2001 (5:00 p.m. [] February 5, 2002 December 5, 2001 (5:00 p.m.) [] February 19, 2002 December 19, 200I (5:00p.m. [] March 5. 2002 Date Final Form Must be Turned in to Ciw Clerk's Oftice 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 [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: City Commission adopt resolution R- supporting the Municipal Public Safety Communications Consortium Communications Project and the project is a enhancement to the Palm Beach County intergovernmental radio communications program and utilizing the municipal portion of the "$12.50" trafBc fine and forfeiture monies generated by municipalities as a funding source. EXPLANATION: The Municipal Public Safety Communications Consortium (MI'SCC) was formed in February 2000 under the auspices of the i~alm Beach County Criminal Justice Commission (CJC) to develop a municipal countywide interoperable radio communications system. Palm Beach County (the County) currently operates a radio communications system that originally was not designed to include the municipalities. The MPSCC is made up of 24 municipalities with a 24-member board of directors representing all geographical areas of the county, which includes city managers and police chiefs as members. The MPSCC Technical Review committee researched and presented to the MPSCC and the CJC a radio communications technology that was technologically advanced, compatible with current Motorola radio communication systems, and can provide the countywide coverage and roaming ability to accomplish the goal of interoperability among jurisdictional radio communications systems (see exhibit "A" pages 4-6). The MPSCC Board unanimously adopted the M/A-COM radio system proposal. PROGRAM/xMPACT: Boynton Beach is a member of the MPSCC and has a position on the Board of Directors. The City has also recently connected to the county smart zone controller that by interlocal agreement allows access to the county radio communications system. This connection was made to facilitate immediate access to the county system achieving interoperability while this issue of the MPSCC radio system proposal is going through the process. Through research and understanding of future radio system technology applications, city staff supports the M/A-COM's TDMA/Open-Sky digital technology solution as proposed by the MPSCC. This cutting edge 21~ century technology and the city's current Motorola radio system is designed in a way that is compatible to the TDMA technology (public safety radio system is digital). The Communications staff also has a plan that would facilitate migrating to the M/A-COM solution starting with mobile data in 2004 and by 2011 switching the public safety voice communications to the TDM~ technology. The M/A-COM solution was not fully available in the United States at the time Boynton Beach, Delray Beach, and Boca Raton purchased the Motorola trunked 800 Mltz backbone radio communications system. City staffwas researching the TDMA technology and understood the importance of the digital verses analog communications technology as it applied to the future of all gypes of communications. Therefore, staff opted for digital radio communication technology for public safety realizing the future availability of the TDMA/Open-Sky technology S:/BULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM BEQUEST FORM solution (see exhibit "A" pages 5-6) The ~oun~t[ system.is a trunked 800 MHz analog system. The County is in th~ process Of determining~wl~t data Syst~m~S01h .ti6~ ~0 ~]Jply. ' ~ : F~a~ ~nCT- The "q12 50" fine and forfeiture fug~are currently b~i~ set aside for municipal application in a County a~ount, current balance at 2 mflh0n doRg~s (~ The County Comm~ssmn pass~ ~9-2343 f~at m Janu U 2000 en~ted the .designation o[ the ,$I2.~0~ fug~}[Or ~gfficipal app~[~t[~. ~e~A?COM total infr~sg~ucture cost is 9.5 million dollars (&/-). ~SCC is.reque~g ~:fise bribe "$12~50" funds for a:~o~ payment and subsequent MPSCC and if the County r fee would be reimbursed ALT~RNa:rlVES* Thg:Board 6f Go~sioners of Palm Beach Co~n~,is Doing t9 hear from municipalities ~hat ~ ~ ~..-- L~n- ' ~ u'nnHeutih~ ~or th~i~$1~ 50" funds ,for ~he ~:C, OM TDMA ~g~ology radio system proj~t. A~pfi~ ~i~ resolution would~emon~r~te Ci~ of Bo~0.~ B~c~:?g!?l~t've ~ug~rt. . - - ~ . . T~s Commi~ion may not ad0~ this rds01u~on if it does ~ot~supp0~S issue~and decide another means m sno~ng support of the ~SCC to the ~unty Co~ission. ; Silage Assistant City Manager,- Adminis~ation ,- Departmeni Name City Attorn6~/~inance Human Resources S:~BULLET1N~oRMs AGENDA ITEM REQUEST FORM.DOC RESOLUTION R01- A RESOLUTION OF THE CITY COMMISSION OF THE -- CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING THE MUNIC]I~AL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM COMMUNICATIONS PROJECT; AND PROVIDING AN EFFECTIVE DATE. WI-IEREAS, Section 163.01 of the Florida Statutes, known as the Florida Interlocal Cooperation Act of 1969, authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby and thereby to provide services and facilities in a manner and pursuant to forms of governmental organizations that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WEIEREAS, it has been determined that the planning and development of an interoperable Countywide municipal public safety communications system will allow municipal public safety agencies to improve their provision of public safety services by virtue of enhanced inter-agency communications and cooperation; and WItEREAS, the Municipal Public Safety Communications Consortium (MPSCC) ~,as formed through the cooperative efforts of the various municipalities with the support of the Criminal Justice Commission to plan and implement an interopurable Countywide mummpul public safety radio communications and cooperation; and wHEREAs, the City of Boymon Beach has joined 23 other municipalities located within Palm Beach County to form the MPSCC and the City has long been involved with efforts tb::kfiprove public safety comm~eati0ns; and WEIEREAS, the MPSCC, through the diligent efform of it's member municipalities has developed a plan for a municipal countywide interoperable,communications system; and WHEREAS, the MPSCC communications plan has been approved by the State of (5); and WIIEREAS, the Criminal Justice Commission has budgeted federal grant funds to ~ IVlPSCC with its initial administration costs for the current fiscal year; and WItEREAS, Section 318.21(10), Florida Statutes permits any county which · t an intergox~emmental radio communications program approved by the State of Department of Management Services to use $12.50 from each movmg U'affic fund that county's participation in the program, and WHEREAS, a potion of the revenues collected are from violations which are written by municipal law enforcement officers within the municipal limits, and WI~REAS, the Board of County Commissioners allocated a portion of the revenues generated by municipalities for their benefit under Resolution R.99-2343 to encourage the of municipal communications systems and therefore enhancing the County's Communications Plan; and WHEREAS, the Criminal Justice Commission, after reviewing the IViPSCC plan, recommends to the Board of County Commissioners that the MPSCC :ommunications network be made a part of the Palm Beach County Intergovernmental Commumcations Program as au enhancement to the plan; and WIIEREAS, the Criminal Justice Commission is requesting on behalf of the MPSCC that the previously approved resolution be clarified by amendment to reflect the current needs of the MPS .C- C in order to implement is communications project. NOW TItEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF THE CITY OF BOYNTON BEACI-I, FLORIDA: Section 1. That the municipality of Boynton Beach, by and through its City Commmson, formally supports the Municipal Public Safety Communications Consortium 'MPSCC) public safety communications plan. Section 2. The City of Boynton Beach supports the inclusion of the MPSCC ommunications plan as an enhancement to the State approved Palm Beach County atergovernmemal radio communications program plan. Section 3. The City of Boynton Beach requests that the County provide the use of ~e municipal portion of the $12.50 traffic fine monies for construction of the radio system as recommended by the Criminal Justice Commission and the MPSCC in their proposed amendment to resolution P,99-2343, and that the federal grant funds akeady allocated for the Consortim's administration be transferred for use by the MPSCC. Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of December, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: Ci.ty Clerk (Corporate Seal) Exhibit A Municipal Public Safety Communications Consortium MPSCC Radio Project Plan Overview By Robert Mangold, MPSCC Chairman Municipal Public Safety Communications Consortium o Radio Project plan Overview Who is the MPSCC? You Are Member Municipalities Atlantis Belle Glade Boca Raton Boynton Beach Delray Beach Juno Beach Jupiter Lake Clarke Shores Lake Worth Lantana Manalapan North Palm Beach Ocean l~idge Palm:Beach Palm Beach Gardens Palm Beach Shores PalmSprings Riviera Beach Royal Palm Beach South Palm Beach Tequesta Wellington West Palm Beach Board of Directors Atlantis Belle Glade Boca Raton Boymon Beach Delray Beach Juno Beach Jupiter Lake Clarke Shores Lake Worth Lantana Manalapan Robert Mangold Michael Miller Andrew Scott Wilfred Hawkins David T. Harden Wadie Atallah H.C. "Skip" Clark Richard Westgate Wes Smith William E. Smith Andy Rundle Clay Walker North Palm Beach Ocean Ridge Palm Beach:Gardens Palm?B~ach P.,alra Beack Shores Wellington ,;~, - ~'~ cont'd Dennis W. Kelly Greg Dunham Ernie Carr Michael Relter Roger WiIle .lay Pickens Clifton, Smith Steven R. Wieseri, Michaet'Cambisi6S History: Why are we here? · Original design of County system did not include municipalities · Municipalities formed the MPSCC to develop a municipal countywide interoperable radio system 'Process (Feb. 2000- Jun. 2001) MPSCC formed Evaluation of radio communications needs Education of members regarding available technology Request For Proposal developed Comp'etitive bid process completed M/A-COM proposal selected by the Technical Review Committee M/A-COM recommendation unanimously approved by the MPSCC Board Technical Review Committee Atlantis Boca Raton Juno Beach Lake Park Lake Worth Lantana North Palm Beach Palm Beach Gardens West Palm Beach Robert Mangold Hugh McCaffrey H.C. "Skip~' Clark Michael Wells William E. Smith Andy Rundle Robert Mutz Ernie Cart Michael Cambisios 4 Who is M/A-COM? M/A-COM Division of T¥co Electronics · Tyco Employees: · 215~ooo iD_ I00 ¢ · ove~ · Sales of S3o billion annually · Market capitalizati°n"o£ $~oo billion ' · M/AoCOM now has ~:he. contract for't.he State of Florida' system r~placing Motorola · Only two vendorsnow in public safety radio-- M/A-COM and~,.Motoro~a-. . Benefits of M/A-COM Technology · Designed for tomorrow's needs · ~ooo/o digital network as opposed to older analog technology · State of the art TDMA technology · Industry standard IP protocol · not proprietary · Frequency efflcient--4 usable "channels" per frequency · Voice and data over one system · Voice and data over one radio · Eliminates costs of current data systems (CDPD) · All radios are fully digital with a buik-in data modem · Radios and system are software driven--future enhancements require only software upgrades · Provides high speed data (x9.2K) · Interoperable with ALL radio systems in the County · Radios are programmable over the air · no loss of time to police & fire field units · Lower costs for subscriber units (radios) · Provides ability to'migrate to system when you choose · Countywide coverage and r~aming ability for all members MPSCC Radio System Configuration · Full countywide mobile coverage · Portable coverage for member cities · to sites · Capacity: 5,280 voice users 4,700 data users · Infrastructure cost: $9.5 million · Detailed system configuration plan in handout 6 Sites: 10 Switching Centers: 1 ,.280 Data:. 4,700 Total Projected MPSCC Voice Users: 4,726 (includes WPB and South County Cooperative) Voice and Data System Cost: $9,500,000 * Note: Capacity calculated using a grade of service of 1% blocking. MPSCC Funding Strategy · Infrastructure cost funded with si2.5o montes · Financing plan requires no municipal funds for infrastructure purchase · Members purchase their own radios · Gonsortium and system operating costs paid through member '~dues" · Complete financial overview in handout Project Status Project Plan · Approval received from State of Florida Office of Technology · State referred use of $t2.5o monies issue to the County · Pending $t2.5o Issues-- · MPSCC is requesting that ,the Board of County Commissioners amend their resolution (R99'2343) granti~ng the municipalities use of the portion of the Fund generated by them as follows: Request to BCC cont'd A) Authorization £or the acquisition o£ the radio system in£rastructure to be ~made as one. purchase under a firxar~cjng agreement; B) Existing revenues m payment on MPSCC as a lump sum in advance of the purchase upon pres ntatxon.o£an mvo~ce; Request to BCC cont'd C) Future revenues to the municipal portion o£ the fund be pledged first for subsequent installment payments (debt service) on the loan, allocated on a monthly basis upon presentation of a payment invoice; and D) Revenues remaining in the municipal portion o£ the fund beyond those required for debt service be available at the discretion o£ the MPSCC to the municipalities for: (~) system related purchases upon presentation o£ an invoice; and (z) compensation to MPSCC HUB groups for MPSCC approved investments in their existing radio systems. 8 . -_ Project Status cont'd State Statutes regarding use of the sxz.5o monies require a State approved Intergovernmental radio Communications Program (ICP) · Palm Beach CoutttY h~'s att approved ICP plan · The issue Of the MPSCC's status as an ICP program · ;It is the MPSCC's position that it's system is an extension and enhancement of the overall Palm Beach County ICP plan · The MPSCC has requested the Criminal Justice Commission to review the ICP issue and provide a recommendation to the BCC Project Status cont'd A final contract with M/AoCOM is pending a resolution of these issues It is anticipated that the system can be operational by mid 2002 9 '-' How Can You HelP? It is very important that the Board- of Count 'S Please contact and voice, items For Additional Information or Questions Please call: Chief Robert Mangold 965o~7oo Wayne English 355°2326 Kimball & Assc. 32~ 75x'97xo *Mark Martorano *Terry Johnston 10 Exhibit B MPSCC FINANCIAL PLAN OVERVIEW Attached are a number of documents relating to the Municipal Public Safety Communications Consortium's (MPSCC) radio network. These documents show the expenses~and revenue sources for the project. The MPSCC financial plan is based upon several decisions and approvals already rendered. First, the statement fi:om the State of Florida that the use of the $12.50 monies is controlled by the County, coupled with the Board of County Commissioners action to set aside $12.50 revenues for the use of the mumc!palitie& Se~, 0nd,.~e actions of the CSOPAC Financial Subcommittee whic}~ dotermlned that, ~e MPSCC could use~ existing $t2.50,monies to act,as a dgwn payment on the financed purchase 0fthe system infrastructure, and thecommi~nent 0ffuture. $! 2:~.~ revenue~ for debt service on the loan was a viable use of the funds which should be recommended to the Board of County ~mr~issioners, In totalitY, ,al! of these determinations provide ,the fremewo~k, for .the MPSCC,s The following points provide anJ0verview of the financial plan: · Totalinfxastmcmre cost; $9.Smillion · ~erm.ofloan: 10years · ~ Interest rate: 6.5% (proposed)~ *~ Nat~ that this rate is b~ upon the MPSCC credit rating alone. It could be lowered s~fi~afittybYfurther ~O~lmentS to undemaite the loan by members. The final interest rate will also depend upon the prime rote at the time of contract signing. It should be noted that this is a proposal and Other financing options could be considered if it were beneficial to the MPSCC. ~ Down payment: $1.Tmillion - $12.50 Fund balance 8-1-01:$1,932,650 - $12.50 Fund projected balance to 12-31-01: $2,441,240 ;- Loan payments: $88,567 monthly ($1,062,804 annually)- - $12;~OFundavemgemunthlyrev~nue: $101,718 - $I2.50 Fund average annual revenue (to date): $1,220,620 - Annual increase of revenues exceeds 7.8% - ProjeCted2002 $12.50 Fund revenue: $1,373,507 ~ Annual rehmbursement to South County Cooperative: $200,000 - Recommendation that first reimbursement be for FY 2001 paid fi:om existing Fund revenues ~ Member mumcipalities responsible to purchase own consoles, mobiles, and portable radios · Full data services are included in costs cited · Op?rafing/admin!strative costs including connectivity will be shared among members as indicated in attached documents Following is a summary of the attached documents: 1. MPSCC FY 2002. budget includLng $1.7 million down payment CNote: pages 1-6 were prepared and approved by the MPSCC Budget Committee.) 2. MPSCC FY 2002 budget detail minus loan down payment 3. MPSCC 3 year administrative cost projection 4. FY 2002 men~l~er cost distribution 5. FY,2003~ inembef costdistribution 6. FY 2004member cost'distribution 7. lO-yearmaintenance/operating cos~pmjection projected to be: It shoul/t~be noted ~hata coritr:act~hasmot been signed With M/A-COM ~ subject to final ne~atiom Also, the network as services to other' ~e~ties in the subscribers'to the network n all of ou~r members. The MPSCC considers i Beach { level of offer data t to Palm of the MPSCC Municipat Public Safety Communications Consortium of Palm Beach County, Inc. a Florida Not-for-Pro£1t Corporation 260 Orange Tree Drive Atlantis. Florida 33462 Phone: [56t) 965-t7oo * Fax: (560 968~9443 Chairman Robert Marigold November 30. 2001 Mr. Wilfred Hawkins Director of Administrative Services City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach. F1 33435 Dear Mr. Hawkins: The Budget Committee of the Municipal Public Safety Communications Consortium (MPSCC) met on November 29; 2001 to discuss the issue of reimbursements from the $12.50 monies to the South County Cooperative for expenses already incurred for their radio system. All three cities in the Cooperative were represented on the Budget Committee. After discussion, the Committee voted to recommend to the MPSCC Board of Directors that the Cooperative be reimbursed at a rate of one hundred fifty dollars per year per radio unit based on the current radio count. This would become effective on January 1. 2002 and continue each January thereafter for up to ten years. This recommendation was presented to the MPSCC Board of Directors at their meeting on the same day and was unanimously approved. Therefore I am pleased to notify you of this decision and, if it is acceptable to you, look forward to implementing it in the very near future. The support of all the cities is critical in moving this project forward, Recent national events and those in the South County have demonstrated how important interoperable communications are. Thank you for your continued support of the MPSCC project. Please call me at 965-1700 if you have any questions. Sincerely, Robert Mangold, Chairman MPSCC Exhibit C The City of Boynton Beach OFFICE OF THE CITY ,VL4NAGER 100 E.'Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Manager's Office: ($61) ~.d.b~Wn-beach.fl.~ October 24. 2001 Exhibit D Mr. Robert Weisman County Administrator Palm Beach County P. O. Box 1989 West Palm Beach, FL 33402 RE: Intergovernmental Communications Program Dear Mr. Weisman: This is to inform you of the City of Boynton Beach's decision concerning our direction with the 800 MHZ countywide communications project. After carefully considering all options for our communications system, we decided that it would be in the best interests of the citizens of Boynton Beach to support the radio project proposed by the Municipal Pubhc Safety Communications Consortium [MPSCC), a.nci its inclusion as a part of the State approved Palm Beach County intergovernmental radio communications program plan. We also request that the County provide the use of the mumcipal portion of the $12.50 traffic fine monies for construction of the radio system as requested by the MPSCC, as well as the already allocated federal grant funds for the Consortium's administration. It is my intention to affirm support for this position by resolution of our comnnssion. The countywide communications system is rmportant now more than ever because of the state of alert of our country. We ask for your assistance with bringing the municipal countywide interoperable communications project to fruition. I would appreciate your sharing this letter with the County Commission. Sincerely, BEACH City Manager America's Gateway to the Gulfstream Requested City comm~sio~- Meedn~ Dates [] November 20, 2001 [] Dec~mber 4, 2001 [] December 18, 2001 [] January 2. 2002 XII. - LEGAL ITEM A. 1 CITY OF BOYNTON BEACH · AGENDA ITEM REQUEST FORM Date Final Form Must be Turned into City Clerk's Office November ~, 2001 (5:00 p.m.) November 21, 2091. (5:00 p.m.) December 5; 20ffi (5:00p.m./ December ~9, 2001 (5:00 p.m.) Requested City Comm~smon Mee~n~ Dates [] January 15, 2002 [-- February 5, 2002 -'] February 19. 2002 March 5. 2002 Date Final Form Must be Tamed 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 [] New Bnsmess [] Public Hearing [] Legal [] Bids [] Unfiinshed Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDA~TION: Please phce this request on the December I8, 200'-, City Commission Agenda under Legal, Ordinances-Second Reading. The City Commission with a unanimous vote of 5-0 approved the First Reading of the Ordinance on ~'uly 3, 2001 prior to transmittal to the Florida Depamment of Community Affairs for state review. DCA has approved the amendment for adoption by the City. For further details pertaining to the request, see attached Deparanent of Development Memorandum No. PZ 01-113. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Elementary SchOol 98-I Angela Usher School Board of Palm Beach County West side of South Congress Avenue. south of Golf Road and adjacent to flxe north side of the Lake Worth Drainage District Lateral Canal 28 (L-28). Land Use Amendment for a + 18.03 acre property for construction of a new elementary school to reclassify from MR-5 (Palm Beach County) to Public & Private Governmental/Institutional (?POI). PROGRANIIMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Develop~n~'D~p~ent Direc'~or - ~ity Manager s ~ignamre plwnning and Zoning ~irector City Al~omey Finance / Human Resources ORDINANCE NO. 01- 3~ 'AN (~RDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDn'4G PROPERTY LOCATED SOUTH OF PALM iBEACH COUNTY); PRIVATE WItEREAS, the City Commission of the City of Boyuton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance_with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and V~IEREAS, after public hearing and study, the City Conmuasion deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, 'I~REFORE, BE IT ORDAINED BY THE CITY COIV[MISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That tke Future Land Use of the following described land shall be designated as Governmental/Institution (City). Said land is more particularly is. follows: The South one-half (S 1/2) of the Southeast one quarter (SE 1/4) of Section 31, Township 45 South, Range 43 East, less the South 40.92 feet per Lake Worth Drainage Dis'~ct C_.J~ancery Case ~)7 recorded in Official Records Book 6495, Page 761 for the L-28 Canal right-of-way and the East 60 feet for Congress Avenue, said land lying in Palm Beach County, Florida. Containing approximately 18.03 acres of land. Section 2;, That any maps adopted in accordance with the Future Land Use Element shal]~. ~ amended accordingly: Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or proviston of this~Ordinance or any portion thereof 'a court of competent jurisdiction to be invalid, such decision shall not affect ~ remainder of this Ordinance. Section 5: The effective date of this Ordinance shall be the date a final order is ! the Department of Community Affairs finding this amendment to be in compliance Chapter 163.3184, F.S.; or the date a final order is issued by the Administration finding this amendment to be in compliance in accordance with Chapter 163.3184, F.S. The notice of compliance becomes a final order 21 days following the of the notice of compliance if during the 21-day period no petitions are filed the amendment. Once issued, the Notice of Intent shall be attached hereto as Exhibit "A" and made a part of this Ordinance by reference. FIRST READING this ~ flay of .. ~J~ lo ,2001. I SECOND, FINAL READING and PASSAGE this ~ day of ,200l, c~ o~ ~o~o~ ~EAC., ~:o~o^ V~ce M/iy6r Commissioner Commissioner ~.TTEST: Commissioner City Clerk (Corporate Seal) s:ca~ord~.,hool Dis~ict 4.026 acr~ Land Us~ DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 01-113 TO: Chairman end Members Planning and Development Board FROM: Dick Hudson, Senior Planner THROUGH: MichaeI W. Rumpf Director of Plarming end Zoning DATE: June 11, 2001 Project/Applicant: PROJECT DESCRIPTION School Board of Palm Beach County Elementary School 98-1 Agent: Pmgela Usher Owner: Location: School District of Palm Beach County West side of South Congress Avenue, south of Golf Road and adjacent to the north side of the Lake Worth Drainage District Lateral Cenal 28 (L-28) File No: Annexation (AN-EX 01-002) Land Use Amendment/Rezoning (LUAR 01-003) (Large-Scale) Property Description: Vacant property consisting of+ 18.03 acres o£1and located in unincorporated Palm B~ac~ C~unty,' classified IvlR-5 and zoned Agricultural Residential (5 du/ac) Proposed change/use: To annex the subject property, to reclassify from MR-5 (Palm Beach County) Public & Private Governmental/Institutional (PPGI), end rezone from Agricultural Residential to Public Use (PLD. North: South: East: Land Uses and Zoning: Developed Single family residential property (Cranbrook Lake Estates) classified Low Density Residential (4.84 du/ac) and zoned PUD (Land Use Intensity 3.5). Right-of-way of Lake Worth Drainage District Lateral Canal 28 (L-28) then developed congregate living facility (Manor Care) designated Local Retail Commercial end zoned Community Commercial (R-3). 1'o the Southwest, right-of-way of Palmland Drive then developed c°nd°minium residential (Palmland Villas) classified High Density Residential (10.8 du/ac} and zoned Multi-family residential (R-3). Right-of-way of South Congress Avenue, then developed residential property (Town_houses of Golf View Harbor) classified High Density Residential (10.8 du/ac) and zoned Multi-family Residential (R-3'L Page 2 School Board of Palm Beach County Elementary School 98-I File Numbers: ANEX 01-002 and LUAR 01-003 Undeveloped property located in unincorporated Palm Beach County classified as MR-5 and zoned Agricultural Res~dentml w~th a mammum PUD denstW o~' ~ du/ac. PROJECT ANALYSIS Pursuant to Section 9.C.2(2) of the Land Development Regulations. staffis noi required to review the petition against the eight (8) criteria by which rezomngs are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designation for properties to be annexed within this vicinity. Instead, staffanalysis wilt ~ela~e to c~sist,ency wi~. other relevant portions of the Comprehensive Plan, the city's arm.,e~,.,ati0n prog~g,m 'gn~'s~ce CaPabiIi~, This property is greater than 10 acres in size, and there£ore tkis proposed am,en:~en.t .tc~ the comprehensive plan is subject to "compliance review" by tho Florida DepOt of Comity Affairs (DCA). This means that the proposed 1~ ¢~e~ ~am~,n~ent,~d ~oning, if app[oved b~( the city, will be transmitted to. DCA for review and cqmm~nt. ~le~e:~e~atio~ ~ye. f0rward t0 adopti0n, the land use amendment and companion rezoning cannot be~'adqp~t~d~ntfl r~we~;for con§is'teney by the DCA. The annexation of this parcel is consistent with policies within the comprehensive plan dealing with annexation. In addition, the annexation of the subject prope~: will further the:efforts of the annexation program through reduction in the number or size of en~lave properties. Ctaretitl~', objectives of the ~nexation program inclu~de annexing all enclaves ~ess.than l0 aqr~es, and to in~ementally annex enclave roperties with the intent to reducing them below the I0-acre thr~shold The requested land use and zoning is consistent with the Icc9 .mmenda60ns .of Section viii Land Use. Problems and Oppommities, found in the support documents for the 1989 City Of Bovnton Beach Comprehensive Plan. Sub-se6tion 8.d. of that docUment rec0mmend~ that upon armexation, the parcel should be designated Low Density Residential and that development should be limited to a single-family detached dwelfings to.be ComPatible with adjacent residential ~level0pfiient. Policy 1.19.8. of the LandUse Element of the Comprehensive Plan states that "Future public schools shall be a permitted use in the Low Density Residential, Mod.~ra, te Density.Residential, High Density Residential, Office/COmmerciat' Mixed Use, and public and'P~t~,a~e Gov~nmgntal/Institutional land use designations." In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions Previously collected from these departments suPi~orted the incremental annexation of enclaves. These opinions have been based on the following: 1) 2) 3) The enclaves are all immediately adjacent to areas within'the city that currently receive urban services; Ample sermce capacity exists to serve adjacent unincgrporated~prope~ties; and Most enclaves ctaxently receive service from the city via the mutual md agreement (Police and Fire/EMS only). Analysis of the impacts generated by the school on the traffic circulation system will be a part of site plan review. Page 3 School Board of Palm Beach County Elementary School 98-I File Numbers: ANEX 01.-002 and LUAR 01-003 CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan: will not create additional :impacts on mfrastmcturethat have not been anticipated in the Comprehensive Plan: will be compatible with adjacent:land uses and wall contribute to the overall economic development of the City.. Therefore, staffrecommends that the subject request be approved and that the requested land use map amendment be transmxtted'to the Florida Department of Communi .ty Development for review. If conditions of approval are recommended by the Planning and Development Board or required by the City Comnussmn, they wall be included as Exhibit . ATTACI-h-MENTS LOCATION MAP EXHIBIT "A" RE(:;' J o 1/8 MILES 400 800 FEET Requested City Commissio~i - Meeting Dates November 20, 200l December 4, 2001 December 18,2001 January 2, 2002 Xll. - LEGAL ITEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final FonnMust be Turned in to City Clerk's Office November 7, 2001 (5:00 p.m.~ November 2l, 200l (5;00 p.m.) December 5~ 2001 (5~0~. pan.) December 19, 2001 (5:00 p.n~1 Rcquested~ City Commission Meeting Dat~ [] January 15, 2002 [] Febmary 5, 2002 [] February 19. 2002 [] March 5, 2002 Date Final Form Must be Turned in to CiW Clerk's Office lanuary 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.~ Febroary 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 [] UnfinishedBnsmess [] Annouueemen~ [] Presentation [] City Manager's Report RECOMIVIENDATION: Please place this request on the December 18, 2001, City Commission Agenda under Legal, Ordinances-Second Reading. The City Coraraission with a unanimous vote of 5-0 approved the First Reading of the Ordinance on July 3, 2001, prior to transmitting thc corresponding Future Land Use Amendment to the State for review. For further deta/is pertaining to the request, see attached Department of Development Memorandum No. PZ 01-113. EXPLANATION: PROJECT NAM]~: AGENT: OWNER.- LOCATION: DESCRIPTION: Elementary Schgol 98-I Angela Usher School Board of Palm Beach County West side of South Congress Avenue, south of Golf Road and adjacent to the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28). Kezoning Ora +18.03-aare property from Agricultural Residential (Palm Beach County zoning district) to Public Use (PI.J). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Developme~t Director C1~ Manager's Signature ) · planm'n'~ a~d Zo~ Director City Attorney / Finance / Human Resources ORDINANCE NO. 01- q.O AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOY-NTON FLORIDA, ~LM BEACH COUNTY (A~ 18.03. , ACRE PARCEL ROAD; )F C( SAID OF DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has ~lopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City;, and WHEREAS, the School Board of Palm Beach County, as owner of the ropeny more particul.arly described hereinafter, has heretofore filed a Petition, ursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of ] [Boynton Beach, Florida, for the purpose of rezoning a certain tract of land consisting ~f 18.03 acres, said land being more particularly described hereinafter, from AK palm Beach County) to PU Public Use (City); and W~IiEREAS, the City Commission deems it in the best interests of the nhabitants of said City to amend thc aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY TgE CITY ~OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton each, F:lotida aS set forth as follows: The South one-half (S 1/2) of the Southeast one quarter (SE 1/4) of Section 31, Township 45 South, Range 43 East, less the South 40.92 feet per Lake Worth Drainage District Chancery Case 407 recorded in Official Records BoOk 6~95, Page 761 for the L-28 Canal right-of-way and the East 60 feet for. Congress Avenue, said land lying in Palm Beach County, Flodda. Containing approximately 18.03 acres of land. and the same is hereby rezoned f~om AR (Palm Beach County) to PU Public Use City). A location .map is a~tached hereto as Exhibit "A' and made a part of dais, )rdinance by reference. Section 2: That the aforesaid Revised Zoning ~ of the City shall be amended ~cordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby ~ealed. Section 4: Should any section or provision of this Ordinance or any portion lerecf be declm'ed by a court of competent jurisdiction to be invalid, such decision shall ot affect the remainder of this Ordinance. Section 5: The effective date of this Ordinance shall be the date a final order is issued by the Deparmlent of Community Affairs finding this amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a fmai order is issued by the Administration Commission finding this amendment to be in compliance in accordance with Chapter 163.3184. F.S. The notice of complianc~omes~a final order 21 days following the issuance of the notice of compliance if during ~e 21-day period no challenging the amendment. Once issued, the Notice of Intent shall be A" and made a part of this Ordinance. this 3, dayof ~]ct~ ,2001. I Mayor Vice Mayor Commissioner Commissioner Commissioner ,2001. FLORIDA City Clerk 18.03 TO: FROM: THROUGH: DATE: Proj eel/Applicant: Agent: Owner: Location: DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 01-113 Chairman and Members Planning and Development Board Dick I-Iudson, Senior Planner Michael W. Rumpf Director 0fPlanning and Zoning June 11,2001 ~PROJECT DESCRIPTION School Board of Palm Beach County Elementary Schoo198-I Angela Usher School District of Palm Beach County West side of South Congress Avenue, south of Golf Road and adjacent to the north side of the Lake Worth Drainage District Lateral Canal 28 (L~28) File No: Annexation (ANEX 01-002) Land Use AmendmentfRez°ning (LUAR 01-003) (Large-Scale) Property Description: Vacant property cons/sting of_+ 18.03 acres of land located in un/ncorporated Palm Beach County, classified MR-5 and zoned Agricultural Residential (5 du/ac) Proposed change/use: To annex the subject property, to reclassify from MR-5 (Palm Beach County) To Public & Private Governmental/Institutional (PPGI), and rezone from Agricultural Residential to Public Use (PU). Adjacent Land Uses and Zoning: North: Developed single family residential property ~Cranbrook Lake Estates) classified Low Density Residential (4.84 du/ac) and zoned PUD (Land Use Intensity 3.5). South: Right-of-way of Lake Worth Drainage District Lateral Canal 28 (L-28) then developed congregate living facility (Manor Care) designated Loca~ Retai} Commercial and zoned Community Commercial (R-3). To the Southwest, fight-of-way of Pal[nland Drive then developed condominium residential (Palmland Villas) classified High DenSity Re§idential (10.8 du/ac) and zoned Multi-family residential CR-3). East: Right-of-way of South Congress Avenue, then developed residential property (Townhouses of Golf View Harbor) classified High Density Residential ( 10.8 du/ac) and zoned Multi-fam/ly Residential (R-3). Page 2 School Board of Palm. Beach County Elementary School 98-I File Numbers: ANEX 01-002 and LUAR 01-003 West: Undeveloped property located in unincorporated Palm Beach County classified as MR-5 and zoned Agricultural Residential with a maximum PUD density of 5 dwac. PROJECT ANALYSIS Pursuant to Section 9.C.2(2) of the Land Development Regulations, stuff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designation for properties ta be annexed within this vicini,zy. Instead, staff analysis will m}a~9 m consistency with ~ther relevant portions of the Comprehensive Plan, the city's armex~ation prQg~:m, and service capabihty. This property is greater than 10 acres in s~ze, and therefore this proposed amendment to the comprehensive piton is subject to "compliance review"by the Florida Department of Community Affairs (DCA). This means that the proposed lard. Us9 ,am~ 9~P~t.~nd.~ezo~g, if appf0ved ky the~ ci~, w!!l be transmitted to DCA for review and comment. Whale the a:.~ex~on .c. an ~c~v~ ~o~rward t~ anopn, on,.,me land use amendment and companion rezonmglcannot be adopted untal remeW%ed fo/' consistency oy tne DCA. The annexation of this parcel is consistent with policies within the comprehensive plan dealing with annexation. In addition, the annexation of the subject property will further the efforts of the annexation program through reduction in the number or size of enclave properties, currently, objectives of the annexation program.include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the intent to reducing thembelow the 10-acre threshold - ~ The requested land use and zoning ~s consistent with the recommendations of Section VIii Land Use Problems and Opporttmitie~, found in thesupport documents for the 1989 CiW Of Boyaron Beach Comprehensive Plan. Sub,section 8.d. of that document recommends that upon annexation, the parcel should be designated Iow Density Residential and that development should be limited to a single-family detached dwellings ~o be cCmpatible with adjacent residential development. Policy 1 A9.8. of the Land Use Element of the Comprehensive Plan states that "Future public schools shall' be a perniiited use in the Low Density Residential. Moderate Densi~ Residential, High Density Residential, Office/CommerciaL Mixed Use, and Public and Private Governmemal/Institutional land use designations." In connection with previous annexation studies, departmems most affected by annexations ~e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these depm unents supported tbe incremental annexation of enclaves. These opinions have been based on the following: 1) The enclaves are all immediately adjacent to areas within the city that currently recexve urban serdces; 2) Ample serwce capacity exists to serve adjacent ~incorporared properties; and 3) Most enclaves currently receive service from th~ city'via the mutual aid agreemem (Police and Fire/EMS only). Analysis of the impacts generated by the school on the tra/fic circulation system will be a part of site plan review. Page 3 School Board of Palm Beach County Elementary School 98-1 File Numbers: ANEX 01-002 and LUAR 01-003 CONCLUSIONS/RECOMMENDATIONS As hadicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additignal impacts.on infra~-u¢ture that have not been anlicipated in the Comprehensive Plan; will be Compatible with adpac~t land users and will Contribute to the overall economic development of the City. Therefore, staff recommends that the, subje, ct request be approved and that the requested land use map amendment be transmit!ed tothe Florida Department of C0mmunit7 Development for review. If conditions of appr~o~al are/ecemmended by the Planning and Development Board or requ/red by the City Commission, thesi~ll be included as Exhibit "B". . ATTACHMENTS LOCATION MAP ~ EXHIBIT "A" I:::i E C / / 0 1/8 MILES 4O0 8O0 FEET XII. - LEGAL ITEM A.3 ORDINANCE NO. 01- ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2. ADMINISTRATION, SECTION' 2-I6. SUBSECTION (F), AMENDING THE BOARD ABSENTEE POLICY; A.MENDING CHAPTER 1.5. PLANNING AND DEVELOPMENT GENERALLY ARTICLE I, SECTION 2. SUBSECTION F: PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WFIEREA$, the City p~ Boynton Beach has determined that it is necessary to amend the Code of Otdi~eS by:amending the board absentee policy for all boards, with the exception ofthose Bo~ds who regularly meet more thau once monthly;, and WttEI~EAS, the City Commission of the City of Boynton Beach deems it to be in he best Code to set forth and adopt proper procedure for absences fo~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION THZ cITY OF BoY~qTON BEACH~ FLORIDA, THAT: Section 1 - That Chapter 2. AdminisWation, Section 2-16 (F) of thc Code of )rdinances is hereby amended by adding the words and figures in underlined type, and deleting the words and figures in struck-through type, as follows: (F) When ~i niember of any Board, with the exception of~h~a~ Dcvz!c;m=t Eza:d those Boards that have regularly sche&fled meetings more than once a month, has missed three (3) regular monthly meetings for any mason within one annual board term, that member will be notified that one additional absence will cause b_is/her board membership to be tei-minated and a replacement will be appointed at the time of the next ab~aee. Those boards that have regularly scheduled meetln~s more than once a month shall be permitted to have six (6) absences du,~ng any one annual board term. The sev~mth (7~) absence shall result in removal from the board. S~fion 2. That Chapter 15 Planning and Development Generally, Article I, Section 2. F. Terms of offices; removal; vacancies, is hereby amended by adding the words and figures in underlined t3~pe and by deleting the words and riga.res in struck- through type, as follows: ~.' A member of the board is permitted tc have ;ix (5) ~absences during any one year period. The -~:'==~- fourth absence shall resul! in removal fi:om the board. Sectidn 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. , ~, :Seetion~4.:::: ~ Should any section or~provision,ofthis ordinance or portion hereofi any i/a~igraph' g~tence or WOrd be~d~lared bsa court 'of qompetent jurisdiC~on to be invalid,: ~ue~ de¢isi0n:shall not affect the remain~der of this ordinance. SeCti6rtS: :, Authodty,isherebygranted t,o,¢9dify~d ordinance. Section 6. sEcom),: FI~AL R~,~d)n~a am) p~SS~GE KS 2001. day of Mayor Vi¢¢ Mayor Commissioner Commissioner ATI'EST: Commissioner City Clerk Requested City Commission. Meetine Dates [] November 20,2001 XlI. - LEGAL ITEM A.4 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 (5:00 p.m.) December 5, 2001 ($:00 p.m.) December 19,200I (5:00p.m.) Requested City Corrardssion Meeting 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 (5:0Op. m.) February 20, 2002 (5:00 p.m.) NATU1LE OF AGENDA I'[1EM [] Admims'txafive [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the December 18, 2001 City Commission Agenda under Legal Second Reading. On October 2, 2001, the City Commission, with a ullanimous vote approved the amendments for transmittal to the Florida Department of Community Affairs (DCA) for their review. The DCA chos~ to waive review of the amendments end approved them for adoption by the City. The final step in this process will be the adoption of a local q~dinance relating to the process for concurrency review of local development applications by the Palm Beach County School Dislrict. EXPLANATION: PROJECT NAME: AGENT: DESCRIPTION: Comprehensive Plen Atnendments School Concurrency The City of Boynton Beach · Addition of a "Public School Facilities Element (Element 10) · Addition of goals, objectives end policies to the "Capital Improvement Element" (Element 9) relating to School Concurrency and levels of service for public education facilities · Map Series PSI.1-3.4 relating to School Concurrency · Suppor~ Documents PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Develo~D~p~nt l~ector ~ity Menager's'gignamre Planning and Zol~g Director City Attorney Finance j Hnman Resources XII. - LEGAL ITEH A.4 ORDINANCE NO. 01-~ / AN ORDINANCE OF THE CiTY COM2~ISSIQ~N OF crr¥ ~XT TO T~ C~ OF BO~O~,~ BE~CH CO~NS~E P~ ~CPTA 01-001); C~AT~G A ~W ELE~ 10, ~CH ~L PRO~E A P~LIC SCHOOL FAC~S ELE~, ~ SE~S, A~AC~D AS CO~OS~E E~ ~A"; ~NCE ~TED POLICES ~ ~ L~ USE ~G ~XT TO SERVICE STANDARDS FOR PUBLIC FACILITIES, PROVIDE FOR A PROCESS BY ADDING THE SCHOOL SCHOOL ~Wb~r 15, 2001 r~ceived a preliminary review; and WH~,, ~he DCAissued a response on ~ lm reviewed the WHE~afl~r:pubfi¢ h~aring and study, to amend the text of the NOW ~TI~P. EFORE~' BE IT ORDAINED FLORIDA, THAT: That th~ Comp~h~asiv¢ Plan for the ~'nended by creating a new section entitled "Public School Facilities Element". as follows: Goat iOA Citw of Bovnton Beach Public School Facilities Element GOals~ Oblecti es, and Policies · PUBLIC SCHOOL CONCURRENCY Ob iective l OA. 1 It is a GOAL of the Cit~, of Bovnton Beach to provide for future availability of p~ii~sehool ,facilities consistent with the adopted level of servicest~dard.: ~s'gOal shal~ he, accomplished recognizing, the ,,e%~titiifi6~fi}~b}iga~6n ~f ;di~ct to, provide a m~iform system Level Of Se~¢iee ' . To · of;schools is sufficient to summn student year of the five- Policy~ iOA. 1. t the school's utilization which is defined aa the the · The level of service (LOS) the School~.x school is 'the subject of ~,.~ the School District. workin¢, which determines that a ' 110% utilization. No school ifa r reaches 108 % or is to be made that that planning period. The study ~hall include data which shows the extent of the exceedance attributable to both existing and new develot~ment. Notification ~hall be provided to the local ~overamenl within whose jurisdiction the study takes place. At a minimum, the study shall consider: · Demographics in the school's Concurrency Service Area (CSA); Student population trends;Real e~tam trends (e.~. develol~ment and · Teacher/student ratios: and · Cor~ facilit'v cavacit~; become tO thc entire each CSA the Tiered in effect. Each that time shall not as shown in the the ~ 10A. 1.6 amendments, Any proposed chan~e to CSA boundaries shall r~uire a demonstration by the School District that the requirements of 2(a) and (b), above, are met: The CiV ~ Of Policy 10A. I.9 occurrence and for the duration followine conditions: ;t of God"; or ~acilities or at the adopted or be or more of the CSAs School Concurrency shall be suspended within a particular CSA upon the occurrence and for the duration for the following conditions: Where an individual school in a particular CSA is twelve or more months behind the scbedafle set forth in the School District Capital Facilities Plan, concurrency,will be suspended within that CSA and the adiacent CSAs for that type of school; or The School District doe? not maximize utilization of school eapaciW by allowinga oarticular CSA or an individual school to exceed the adopted Level of Service (LOS); or the 3. Once SUSpended~ for any of the,above reasons, concurrency shall be reinstated once the Technical Advisor,/Gr°un (TAG'} dciem, lnes the condition that caused the:susl~ension has been remedied.o[ the. Level of Setwice for that year for t~ aff~t_~_ CSAs have been- achieved. 1¢ ~, ~,a~ Evak~ti~n Report rccr~mmencl~ that,concurrency be concUr;ney may be susoended upon the concurrence of 33% of the PARTIES sim~atories of.the "Palm B~_.~eh CounW Interlocal Aereement with Muni¢inalities of Palm Beach County and tlte School D~strict of Palm Beach Co-nty to e-'tahlish Public SchOOl 5. Upon; .....;c~ation of the lnterlocal Am, eement the County shall initiate a C,i~o;'~hensive Plan Am~adment to I .....;hate schOOl Objective 10A;2 Facilitle~ RmUirements To ..... ii~-- alternatives which are/inanciall¥ feasible and will acl/i~e~and m~i"~in the adOOted level of service 8tnnd~ m each ye~ of thO/ire*Year vBinnin~ l~'t'lod. Policy 10A.2.1 ,Mitilation shall be allowed for those d~ve!~nm.en~' vr0.~osals' ~,at ~annotmeet adontedlevelofs~rvice ~ts~dard. Mit~eaUonovtions ;include notions listed below for which the SchOOl District a~um~s the ....... ibili~ ~ which will I-~intmn the ad~vioa level o. service ,amadards for each vesr ofth~ five.!mar olannini tmriod. 1. Donation of buildings for use as a primary or alternative learning facility; and/or 2. ,Renovation of existing buildings for use as public school £acilities; or 3. Construction o f permanent student stations or core capacity. The site Ulan for:huildings 'being, renovated pursuant to, hum her 2 above 01der,.s, hall demonstrate ~hat ther~ are no g 6n~itesilfs/ed~ih:the National Re~stero£Hisiofi¢ Places or OtIi(a'~tse ~!~s~gnated:m accoi'~lanee with appropnate State m, m~elines as 10caltysi~fl~,'~St0h¢'*r-'m:haeolOg~cat resources. he,issued and mitigation measures shall cmmot met in ~;area, as applied to anapphcat~on for a ~e~,-iff~theme~ed,cauac}ty for u~e mcular CSA is ~m,~n~i ot~i~'t~e~conuauous CSAs. ~o~ement Schedule 'olicy 10A.3A in coordination with the School shall annually amend Table 17 of the (School Board's adopted Five Year Plan capital improvements uro~ram and will continue to be achieved and ~oal lOB It is the C-~AL of~the City Of Bovaton Beach to maintain and eah~nee]oilmt pl~nmn~z processes and procedures for coordination of pnl?he ~due'a~_~o~¢~'iht~es~for. vlannm~ and dec~ston-makin~ re~arding ~OVnlsti~n~j~.~ _e~m_ .~ ~hlie ~Chool'sitin~. and the develoumeut of uublic ~4,,,~-on fa~ilili~ co~curr~nt wth r~s~deuUal develoum~ut and other s~c~. To ~.ablislt a ~ess of coo~i_nsfion and collaboration between the CoUnt~ iOC~l! Zo~',~m~n~- a~d t!~.School District in the vl..a~. ~ and siting o£..uhbfiC<~e~n°l',faCilities in coordination with ulanned infrastracmre~.~ and ut, nc' ciuti . Policy IOB,1,] The City Of Bovnton Beach shall coordinate and provide for expedited review of development proposals with the School Dismct during the deve[opment review process [o ensure integration of public school facilities with surrounding land uses and the compatibiliW of use~ with schools. Policy I OB. 1.2 There shall be no significant environmental conditions and significant historical resources, on aproposed site that can not be mitigated or otherwise preclude development of the site for a public educational facility. Policy 10B. 1.3 The provosed site shall be suitable or adaptable for development in accordance with applicable water management standards, and shall not be in conflict with the adopted or officially accepted plans of the South Florida Water Management District, or any applicable Stormwater Utility or Drainage District. Policy 1 OB. 1.4 The proposed location shall comply with the nmvisions of the Coastal Zone Management Element of the comorehensive nlan. if anolicable to the site. Policy 1 OB. 1.5 The City of Bognton Beach shall encourage the location of schools proximate to urban residential areas by: · Assist/n~ the School District in identifvin~ fundin~ and/or construction opportunities [including developer particil~ation or City Of Bognton Beach capital budget expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and other infrastructure improvements; · Providing for the review for all school sites as indicated in Policy 10B.1.1 above: an& · Allowin~ schools as a vermitted use within all urban residential rand use categories. 'olicv 1 OB. 1-6: The City Of Boynton Beach shall coordinate with the School District for the collocation of vubllc fac. iht/es, such as varks~ .libraries, and community centers with schools, to the extent oossible, as sites for these public facilities and schools are chosen and development vlans vrevared. )biect/ve 10B.2 Intemovemmental Coordination To _~_tabllsh and maintain a coo~)erat/ve relationship with the School District and mtmicivalifies in coordinatin~ land use olannin~ with development ofvublic school Facilities which are vroximate to exist/m, or pmpo~_e,~l_ resident'iai areas they will serve and which serve as community ~olicv 10B.2.1 The City OfBovnton Be~eh eh~ll abide by the "Palm Beach County lnterlocal Am'~ment with Mjmieinali~ies of Palm Beach County and the School District of Palm B~aeh CounW to establish Public School S:\CA\Ordinances'~elanning~Text an~ ScYaooi'Com:u~e~'yl 12601 ConcurrencV', which was fully executed by the parties involved and recorded with the Clerk of the Circuit Court of Palm Beach Gounty on JanUary 25;2001 ~ consistent:with ssa 63.3177(6){h) 1 .a~ 2. F.S. and I63.3180 ?olic¥ 10B.2.2 '['he Technical Advisory Group (TAG) shall be established by the County, participating local govemmems, and the School District. The five member TAG will be comprise~ of a Certified Public Accountant, a 'G~n~al c0nt~aCt?, ai~ h~e~, a.B. USi~ess!~e~°n; ahd'a Planner, nd~i~,.~_.d.,b¥'t~i~.re~P~Ctive~sociati0m as/ndicated~n the Interlocal }Agre~m~nt i0k~hhli~l~ Pubiie Sch061 concurreneymenfion~d.in Policy ' 10~ 2.1 above}-The T~hnieal Xdvis0~ Group shall review and make limited to the following: l. 2. 3. 4. &. and 6. 7. ~olic¥ 10B.2.3 The City OfBo~nt0mBeach ahall l~ro,4de the School Dis~ict with olicv IOB.2.4 2. 3. 4. 5. The City Ofi~ its Commehensive ~l proi~ctidns,,:t° facifi~ ahali nnnnall¥ e~rdln~ im~Com~ and ~ynton Beach nhall provide the School District with a, along with the five-year Land Use and population e develooment of school enrollment pmiectiuns and ~ in~ation. The CiW Of Boynton Beach shall hensive Plan and the Futnre ~ and Use Map with the ranee facilities ma~s (Mans PS 3.1 and PS 3.2), to t;comvatibiliw with the Omvisions of this Element. the Obiecfive 10B.3 Policy 10B.3.1 olicy 10B.3.2 include consideration off t. Design and/or retrofit of public schools as emergenc'~ shelters; 2. Enhancing public awareness of evacuation zones, shelter locations, and evacuation routes; 3. Desi~nation of sitas other than public schools as long ten'n shelters, allow schools to resume normal overations following emergency evils. Population Proiections To establish a ioint process of coordination and collaboration between the City Of Bovnton Beach, Palm Beach County and the School District in the planning and decision makin~ on population proiections. The County shall convert the BEBR proiections into both existing and new r~idential ,units anddisaggre~ate these units throughout incorp,orated and unincorporated Palm Beach County into each CSA, using BEBR s annual estlmat~.~ bgmtmicipality, perS°n~-per-homehold fi~tres, historic arowth rates and development pot~tial conaldering the adopted Future I and Use maps of all local government Comprehensive Plan~. These oroiecfion~ are shown in Exhibit E of the Interlocal Aareement a~ "PrOi~t _,~! Units ,Table" which ~hall be amended annually and vrovided to the School District._ The Ci Of~Boynton B~neh commits workine with the School District and palm; t~e~dh COuntY to imm'ore this methodology and ~raance coordination with the plans of the School District and local governments. Population and ~_~nt enrollment vroiacfions .~hall be revised annually ~o ensure that new residential develovment and redevelopment information provided by the municil~alities and the County is reflected in the updated proiections. The revised proieeti°ns and the variables utilized in making the proiecfion* ehall be reviewed by all si, ,tmatories throu, gh the lnterlov~'nm~ntal Plan Amendment Review Conumttee (IPARC). Projections shsllbe es~eCiail¥ ~$imd and refined with the results of the --- ' · ool 2000 Cen~si The resoonsibilities of local governments and the Sch ~ That the Comprehensive Planffor the City of Boymon Beach, Section ~, Cat~ital I .mpmvements Element, Public School Facilities, is hereby amended by adding the words and figures in underlined type, as follows; ioal 9D To nrovide for future availability of oublic school facilities consistent with the ~dooted level of service ~r~ndard. This ~oal shall be accomnlished reCO$mi~in~' the constitutional,obii°~Hnn of the school district to orovide a uniform sv~_ ~m of free oublic schools on a countywide basis~ )biective 9D.I To ensure that the ¢.__~itv of schools is sufficient to sunvon student 3 :\CA~)n:linance~l~nnin~Text am~ ~ C-41m:urre~t112601 Policy 9D. 1.1 .growth at the adoptec~ leVe} bf service gtandard for each year of the five- year v~anmmz ocnod,~a~ou~ the. tong term plannmq[ perlod which is defined as the based upon the The level of service (LOS) }leach t~e within the School iLO hi h, ,capac! . that a [ 10% utilization. No school 08%or the entire 'wide the Policy 9E.2.1 , shall procedures and the land all development proposals are of serwce standards. Where shall provide for the timely For public, school facilities, P~mit which omvide a determination of Beach Countv'that the urooosed facilities level of service. ^ olicy 9E.2.6 The City shall continue to coordinate capital improvement projects with plans of agencies that provide public facilities within the City as follows: Boynton (C-t6) Canal: In particular, the findings and recommendations concerning the Latrimary drainage facilities shall be coordinated with the South Floridr-'-.~ er Management District and Lake Worth Drainage District. as a part the creation of this master plan. ~,:\CAXOr ~inan c:e$',Planning~Text amcl ~ Concmn".ncyl 1 ~01 .~ The Citys drainage m~?r plan shall be coordinaied with ~e .drainage studies which will be cond~i~ted by the Lake Worth Drainage Dtstnct. hattacoastal Waterway: The design of public facilities which are over, adjacent to, or in Lake Worth or the Intracoastal Waterway shall comply with the requirements of the inland Navigation District and the Army Corps of Engineers. State Highways (Interstate 95, Boynton Beach Boulevard. U.S. Highway 1, State Road A1A) and the Citys Future Traffic CirculaU'on Plan (Table 20 o£ the Traffic Circulation Element Support Documents) shall incorporate all of the improvements to state highways which are listed in the Palm Beach County Transportauon Improvement Program, and all of the improvements listed in The Florida Department of Transportation 5-Year Transportation Improvement Program. The City shall commue to require improvements by developers and/or payment of impact fees, in order to maintain the adopted levels of service on state highways, and shall require the dedication of the necessary right-of-way for state highways. Furthermore, the City shall continue to lobby Palm Beach County, the County Metropolitan Plamfing Organization, and the Florida Department of Transportation in order to ensure funding and construction of needed improvements to state highways. Public School Facilities. with Thl anntlal illL~t,nafion needed to rnmntain school con~ta~¢~tc¥, includin~ infoi~afion reqmred for the School District to establish: 1. Schoolsitin criteria' 2. Level of service update and maintenance; 3. joint ~v~oval of the public school capital facilities pro~ram~ 4. Concurrency service area criteria and standards~ and. 5.. School utilization. 3- All laws and ordinances applying to the City of Boymon Beach in provisions of this ordinance are hereby repealed. ~ Should any section or provision of this Ordinance or any portion to be invalid, such decision shall not t the remainder of this Ordinance. ~ 5. Authority is hereby granted to codify said Ordinance. Seclion 6. The effective date of this Ordinance shall be the date a final order is by ~1~ Department of Community Affairs finding this Text amendment to be in accordance with Chapter 163.318~, F.S.; or the date a final order is issued by A~tion Commission finding said amendment to be in compliance in accordance ~ 163.3184, F.S. The notice of compliance becomes a final order 21 days ..~fdlnaaea~qanning~Te~t ~ ~ Concurrency112501 following the issuance of the notice of compliance if during the 21 day period no peutions are-* filed challenging the amendment. Once issued, the Notice of Intent shall be attached hereto as Exhibit "A" and made a part of this ordinance by reference. FIRST READING this/]L1N day of _December ., 2001. SECOND, FINAL READING AND PASSAGE this day ,2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~TTEST: City Clerk ~A~O~dinances'~anning~,Text amcl Sdncx~ ~ 12601.dm: 22 2 PS 1,1 THE SCHOOL DISTRICT OF PALM BEACH COUN~', FL CONCURRENCY SERVICE AREAS (CSAa) P&RE GIS PS 2.1 - ,~HE SCHOOL DISTRICT 0F PALM BEACH COUNTY. FL SCHOOL FACILITY LOCATIONS PARE GIS 22 2 PS 3.1 'THE$CHOOL DISTRICT OF PALM BEACH COUNTY, FL PLANNED ADDITIONAL CAPACITY Locatlone Shown tot Confirmed Sites P&RE PS 3.2 ;O ~PA LM BEACH COUNTY, FL PLANNED ADDITIONAL CAP~CII¥ Sc~o[s W thout C~nf rmed S res BOS~B~O~ f¥2002, I ~ P&RE GIS I+ j .. . I s~m~s I PS 3.3 THE SCHOOL DISTRICT OF PALM REACH COUNTY, FL PROJECTED ADDITIONAL FACILITY DEMAND 2004/05 to 2009/10 P&RE GIS GiS Smba 22 PS 3,4 THE SCHOOL DISTRICT OF PALM BEACH COUNTY. FL PR6~JECTED ADDITIONAL FACILITY DEMAND 2OO9/10 to 2019/20 P&RE GIS SUPPORT DOCUMENTS PUBLIC SCHOOL FACILITIES ELEMENT I. SU~EVIARY REPORT A. BACKGROUND The I998 Florida Legmlamre enacted legislation amending s.163.3 180, F.S., establishing requirements for the optional implementation of public school concurrency. Additionally, legislation exempung plan amendments for the purposes of establishing school concurrency from the twice per year lim/taticn on comprehensive plan amendments has allowed local governments to establish school concurrency through special amendment rounds at any nme. The Public School Facilities Element (PSFE) provides coordinated plarmmg among the County, local governments, andthe School Distriqt to ensure that school capacity at the adopted level of service standard is available at the time of impact of residential development. Based. on the ~equiremenrs of Rule 9J-5.025, F.A.C., the PSFE addresses related land development issues which impact::C~ -ucat/on including levels of service for schools, school utilization, residentiai neighborh°°d~prox.m,"ryand~c0mPatibility, supporting publ!c infraSWaCture and collOCation of facilities, and financial feasil~ility. To implement school concurrency countywide, consistent Public School Facilities Elements are required to be adopted by each affected local government. B. TH.~:PROPOSEDAMENDMENTS 1. Intent and.Summary The proposed amendments add a Public School Facilities Element (Element 10) to the City of Boynron Beach Comprehensive Plan, add maps to the Map Series, reference related policies in the Land Use Element and add definitions of public school terms. As a basis for school concurrency, the PSFE contains Goals, Objectives and Policies to ensure that space is planned for students and existing deficiencies are corrected, as well as ensure that financially feasible capital imvLovementa are planned adequate ro achieve and maintain the adopted LOS. The Element directs public schools siting to be coordinated with public facilities and inffaswacmre through a coordinated review of developmeni proposals. The proposed PSFE, arid Map Series amendments are intended to address the criteria for establishing school concurrency set forth in Rule 9I-5.025, P,A.C. These requirements include: Providing ~dequate school capacity through a graduated (tiered) Level of Service for each type of public s~hool, which includes elementary, middle, and high schools, until such time as a standard LOS of 110% is achieved and maintained; Fstablishing school Concurrency Service Areas (CSA) and/or .rtsurmg adequate capacity in adjoining CSAs; Assuring school facility rexluiremenrs are met through a financially feasible 5-Year Work Plan; City of Boyaton Beach School Concurrency Amendments Amendments 01-$C 1 September, 2001 Support Documents Orel~nunc¢ No. 01-00 Establishing mmganon measures for development proposals in order to ensure the adopted Level of Service is maintained: Providing intergovernmental coordination for siting schools to serve as focal points of residential developmenT; the collocanon of schools with other public facilities: and planning population projections: Coordinating emergency preparedness ~ssues: Establishing future conditions of maps depicting existing school shes. areas of anticipated future school sites, ancillary facilities and Concurrency Service Areas (CSAs); and Prov/ding definitions of public school terms. Section163.3 k77, F.S., requires that all local governments include policies in thek Comprehenstve Plans to address public facility CPnocafion and school ~iting in thfi Fu_t~re Ladd U.s? E!ement, .as. wel! . collaborativ~ plauning in the Intergovemmen~lCoo~inat~0n Element (ICE)- These pohctes are to be, place prior to establishment of school c0nciarency; and were ad0pted on-JanUarY~t 8~ 2000. and found In to the Unified Land Development Code 'ImPlications This proposed amendment will result in subsequent amendments to tl!.~ Pr0Yi,sio~ for c0.n. currenc,Y in the City's land development regulations. Specifically, this amendment w~ll reqmre that pubhc sehoo~ facilities be added to Cuncurreney Requirements in Chapter 1.5, Article VI. A countywide ordinance will be adopted (applications of Public School Facilities Concurrency countywide) and applied in accordance with the Interlocal Agreement. Ce ISSUE AND DATA/ANaLYSIS SUMMARY will satisfy the reqmrements of Rule 9.1- The primary source of the data and analysis is the School:District of Palm Beach County, based on the A tiered ~ 7.13.1.B. - r~ge ~ school concurrency through specific School Plan~ basis, the SchoolDistrict has twenty-one proposed projoct total has been added to the ( as: Table 17 - I% City of Boynmn Beach School Concurrency Amendments Amendmems 01-SC 1 S=l,~=~r, 2001 Support Documents Ordinance No. 01-00 Palm Beach County, the School District of Palm Beach County, and 26 pamcipanng local governments within the school district have chosen to implement public school concurrency, requiring each local government to adopt consistent comprehensive plan amendmentS. The amendments include the foliowang: The proposed Public Schools Facilities Element and the accompanyang data and analysis to meet the minimum criteria for the Element set forth in Rule 9J-5.025, F.A.C., for the purpose of imposing school concurrency. It is intended to assure coordination amongthe County, Iocal governments, and the School District so that school capamty at the adopted level of service standard is available at the time of the impacts of development. Applicable definitions are included as a part of this support document. The Capital Improvement Element to incorporate a financially feasible capital improvement plan) for school coneurreney, setting'forth a six,year f'mancialty feasible public ~chool capital facilities program that demonstrates that the adopted levels of service will be achieved and maintained. The Comprehensive Plan Map Series to incorporate four new maps depicting the proposed Concurrency Service Areas (CSA) and other information required by the rule. These amendments are proposed for the Special Amendment Round 01-SC1. The proposed Plan amendments for school concurrer~cy are submitted:along with anexecuted!merlocal Agreement which satisfy the requirements of §163.3177(6)(h) I and 2. F.S., and § 163.3180(:13)(g),F.S., e~tsblishing processes for intergovernmental coordination and collaborat~ve planning among the School District, the County and the 26 participating municipalities. The Public School Facilities Element (FSFE) and related comprehensive plan amendments m establish public school concurrency are based upon the following data andanalysis pursuant, to requirements of Rule 9J-5.005(2), F.A.C. and Rule 9J-5i025(2), F.A:C. The principal source of data and analysis is provided by the School District:ofPalm Beach County in its adopted FY2001-FY2005 Five.Year Capital Facilities Plan and FY 2001 Capital Budget, June 2000. (Appendix C - Under Separate Cover) School District of Palm-Beach County FY 2001-2005 Five Year Plan and FY 2001 Capital Budget (Five Year Plan). The School District facilities and capital reqmrements are presented in the adopted FY2001-2005 Five Year Plan and FY 2001 CapitalBudget (Five Year Plan) pursuant to s. 235.185 Florida Statutes, and the Educational Plant Survey. The Five Year Plan) describes the status of the existing facilities, econotrncs. and enrollment Wends of the School District. Each planning zone depicts its area's schools grouped by school type. Special Schools with district-wide boundaries are grouped in Planning Zone 19. Additionally, the Five Year Plan presents school facility planning, considering the District's facilities' goals, capital requirements and funding meehanisrns. The Five Year Plun is organized to present facilities information by high school planning zones for the purpose of determining enrollment, capacity calculations, and educational program eonsideratiens with evaluations of each facility's issues. Further, the Five Year Plan provides descriptions of the School District's budgeted projects. Revenue sources are also discussed in the document along with alternative hmding options. The Five Year Plan details each school facility's existing enrollment, the existing School Student Capacity (FISH), and existing level of semee (LOS) (% of utilization) within the high school planning zones. Demographic infom~atiun and enrollment projections are provided in the Five Year Plan, with acronyms defined either in Chapter 1 or the Glossary of Terms. City vfBoynton Beach School Concurrency Amendments Amendments 01-SC 1 September, 2001 Support Documents Ordinunce No. 01-00 3. Six Year Capital Improvement Schedule. In order to provide compatible financial feasibility between the School District's Five Year Plan and the City of Boynton Beaqh,'s required 6-Year ~arn, the School District's Five Year year in the initialplanning period. ~apital Improvement Schedule. B. SERVICE AREAS - SCHOOL CONCURRENCY SERVICE AREAS (CSA) For the purposes of measuring school concurrency on a les~ than ~strict-wide basis; twenty-one (21) ConcurrenCy So'ce Areas~(CsA)-m'e/l~e~ng established ini~he Sc~)~trict ~!meflocal Agreement achieve th~ adoptee~ LOs~.~mize~ch°°l~Uti!!zatign~ e~!i~h~.~ .~k ~- ~mes~hiCh:do not exceed those set in School Board Policy 7. t3 for elementa~ and secbndary schools. 1. Concurrency Seiwice:Area Map. ~ - C.. school: which .are less than district- Mai 2. Criteria to establish Concurrency Service Areas. r The physical:boundaries ortho CSAs are delineated in Appendix G ofthis document. For school concurrency service areas on a less than district-wide basis, palm Beach County is divided into twenty- one CSAs~ ~ae~CSAboundaries are described as boundedby sectiorx!ines, ma}or tra.ffi, c~ways, na,~al barriers and countY boundaries. In addition, eachCSA boundary was dehneated considering schoot locations, student-~'asporting times, and to a less~ extent the future land uses in the area. Consistent with § 163:3180(13)(c)2., F.S., cha~. es to .the CSA ?o .un..daries sba.. I1 ~ made onl~y ,by _a~_en ,e?ent.tc the PSFE SupportDoeument and are exempt from the:lmutatton:~n me ~requency or pm amenamenrs. 3, Concurrency Service Area Tables. Based on the DisWict's Five Year Plan, the Sebool District Planning Zones (high school planning zones) data was used to ereate the CSA tables to present capacity, projected enrollment, and utilization of the School District's facilities as required by Rule 9J-5.025(2)(e) and Rule 95-5.025(3Xc)7, F:A.C., for School C0uc eney (See. 'ndix ^). The csAs ave dev??..ed2 o j t tt. e § 163.3180(13Xc)Z, F.S., _require~. when the schoo!.cono .urrency ser~_.ce .area m~?ss each tabt~ there is a:reference tO the School Dislrict Planning Zones where the information was taken from and ~vhere d~tailed data is depicted. by type. As depicted on the CSA , (c) and (e), F.~.C., for the PSFE are specifically addressed in: eschCSA. City of B0ynton Beach School Cor~ur~ency Amendments Amendments 01 -SC 1 4 Sepk;,~b~i, 2001 Support Documenm Ordiaance Ilo. 01-00 The CSA Tables provide the following schools data by CSA and by school type consistent with Rule 9J- 5.025, F.A.C.: (t) The projected enrollment, capacity and projected level of service (% of utilization) by year for the six year planning period. (2) The targeted actual LOS of 110% is achieved countywide in school year 2004-05. (3) The total projected school facility surpluses and deficiencies by year for the six- year planning period based on projected enrollment by school tl~pe. Enrollments, capacities and utilizations are shown adjusted per year as the school improvements are anticipated to be completed. (4) The means by which the enrollment is stabilized and the adopted LOS is attained through redistr/butiOn of students by boundary adjustments or school cortsn'uction or other capital improvements. (5) The school facilities planned for e, ach CSA to accommodate projected enrollment at the T~ered Level of Sermce (LOS) standard each year projected .for the first four-year period, then at thead0ptedLOS f0r the'. ·fffih year of the initial planning period. School utilization do~s not exceed the targeted 110% LOS in the sixth year. (6) The notes provided at the hottom ~f each CSA Table page describe the provision of school facilities by type to be newly opened or modernized to provide for future enrollment or enrollment relief for existing schools within the CSA and schools in adjoining CSAs. Further analysis of the adequacy of the level of ser'aea conditions is located within the School Districtfs FY2001-FY2005 Five Year Plan and FY 2001 Capital Budget, June 2000 (Five Year Plan). As indicated in the CSA Tables, the program and boundary adjustments necessary to effecttvely utukze capamty may occur at any ume. SCHOOL DISTRICT oF PALM BEACH COUNTY DISTRICT-WIDE LONG RANGE PLANNING Enrollment. In the 2000-01 school year, the School District ~-ves 151,000 K-12 students through regular and special programs and partnerships in a variety of facilities. There are more than 147,000 students served in schools with boundaries and/or magnet programs at regular schools measured in the Concurrency Service Area Tables in Appendix A. The Table Enrollment Capacity & Shortfall/Surplus for 04/05, 09/10, & 19/20 (..A. ppendix B), provides information regarding tota! projected enrollments ~ud corresponding sch _~_1 facilmes needed for .each CSA to accommodate the adopted leL~el of service] standard for the end of the initial five year pened and long range planning period of ten and twenty yea~. The tables list the total enrollments, capacity, and shortfall or surplus by school type District-wide. Population sM_Sa which may result in adjustments to school attendance zones and CSA total enrollmenlts, require the School District to determine the number of school facilities needed dislrict-wide. Based o~ the total long range projected enrollment for each type of school, the table shows the projected facilities needed district-wide for elementary, middle and high schools. City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 September, 2001 Suppott Doaiments Ordinsr~ce No. 01-00 The CSA Tables also reflect the 2.147 students enrolled in akemative and special schools. Students are assigned to these schools without regard to attendance zones. In addition, the CSA Tables show 728 students paruc~pating in programs not based m School Districts Facilities. 2. Additional Capacity and Ancillary Plants. For the end of the initial planning period, the required Map Series PS3.1 and?S 3.2 depmr the locations of proposed schools with confwmed SiXes and the planned schools without confm'ned sites. Additionally, Map3.2 shows ancillary facilities with sixes,toe~'t be determined. The long range facility demand maps - PS 3.3 and PS 3.4 shoW,general future demand for schools.based on projected population. The facilities required for meeting these, future demands are :anticipated but not yet budgeted..' District's Five Year These concurrency. 3. SchOOl Attendance Zones. Existing digffict-wide school attendance zones for each school facility are provided by school type on Sch°°t.Attendance Zone Maps (Appendix E). 4. Di~trict-~ide Programs - Special, Alternative~ and Supplemental Programs. The School District of Palm Beach County offers a range of special, alternative, and supplemental educational programs on a district-wide basis. In the Five Year Plan the planning zone entitled "Planning Zone 19: Special, Alternative, and Supplemental Program~" analyzesa variety 0fprograms offered in the spec{al and alternative school setting. These programs operate at the discretion Of)he Sc?o} Bo .~,d in a range of different facilities with dis~'ict-wide boundaries. The. num?r of stu_d .eh~ serv .~/.where mey are housed, and integration with the regular programs, are all choices driven by Dismct pohmes and budgets. Planning long range p~g~r .school buildings. utilization and buildingdesign; Facilities i to be )e located, how man~ and c City of Boymon Beach School Concurrency Amendments Amendments OI-SC1 September, 2001 Support Documents Ordinance No. 014)0 5. Charter Schools Charter schools are considered public schools that operate under a special charter with a school district. A charter school sets its own anendance criteria and selects its own facilities. The State provides funding through a separate formula for its operating and capital budgets directly to the charter schools; therefore. charter schools are not incIuded in the School District's Capital Plan. For the purposes of school concurrency, charter schools cannot be used to determine capacity for residential development. In the 2000-0 l school year. 9 charter schools serve 709 students. New applications for additional charter schools have been received for school year 2001-02 that may serve up to a total of 2,800 studenm. 6. Population District-wide - Projected Enrollment. The projected dislrict-wide school enrollment is based upon the demographic and econormc profiles developed by the Counw which establish the basis for projecting capacity requirements through the initial five year planning period and the end of the long range planning period, consistent with Rule 9J- 5 025(2)(b), F.A.C. The School Dis~ct.has expex~enced an annual enrollment growXh of 5% since 1985 This is an average annual increase of approximately 5,000 students each school year. This annual growth rate will be moderated over the next five years. Figures 2 through6 on pages 1-3 and 14 of the:School District's FY2001-FY2005 Five Year Plan and FY 200 1 Capital Budget, June 2000 (Five Year Plan) present enrollment projec, tions based upon demographic and eConomic profiles. Over the next 5 years, the School District s K-12 era'ollment is projected tomcreas~'by +/-10,000 students to nearly 160,000. The total enrollment figures haveclosely tiacked the general population trends. Generally, the average annual enrollment increases in the middle and high school age range are expeCted ~o continue for the next three years. Palm Beach County's geographic area ~ approximately 2,023 square miles. R is comprised of 1,739.4 ~uare miles of unincorporated areas and thirty-,seven municipalities within 283.6 square miles. The county has ~ t0tali~op~ation of more ,timn 1.025 miRion in 1998, with an unincorlx~ated population of m°re than 465~0004' and an incorporated population of nearly 560,000~ Since 1940, the County has nearly doubled in populatioti every 20 years, with the 2000 population estimated at 1,062,400. Creating the greatest impaCt On the School District, 0fthe 1.(}62 million persons v~ho re!ide in:Patm Beach County, 28~% of the population is under the age,of24. The County, s population con.fnues ~t0 haw an annual growth rate .;09%, (Source: Florida.Statistical AbstraCt, 1996 1999, "POPULATIO~V GRO~PROJECTION,4~D ~ and 1999, Pabn Beach Count~, Planning Zoning and 7, Population Determination. The Bureau of Economic and Business~Research (BEBR), at the University o£ Florida, develops population estimates and projeCtions fqr each of the municipalities within Palm Beach County. These are the official estimates and projections w~dely us~ for planning purposes by both the public and private seCtors. However, 1ocal planning studlels generally require smaller area estimates and projections (less than a jurisdiction level) for the evaluation of specific impacts on a local target area. To this end, the PBC Pla~ning,Division~ over the past five years, has developed and refined a population disaggregation model to dislribute:B~R~~ medium range population projections and annual estimates to smaller geographies, namely, the Traffic Analysis Zones Ct,AZ) usod by the Melropolitan Planning~Orgunization eM?O). By modeling projected population:in local lareas, the Planning Division provides insight into the direction and location of growth within the County. City. of Boynton Beach School Concurrency Amendments Amendments 01 -SCI 7 September, 2001 Support Documents Ol'dinnnC~ NO. 01-00 The Bureau of Economic and Business Research (BEBR) projects that the County population w/Il grow by approximately 22,000 persons per year during the planning period. The County's Planning Division has distributed this information across Traffic Analysis Zones (TAZ) and has agg~eg'~ied resuit~ :for ~Ub~area's: which ~ire described beldw and de~c~ed on the~,bisaggregatiun Sub- Area Mr/p I: ' North Central South Glades area north of 45th Street. area~between 45th and Boynton Beach Boulevard area south of Boynton Beach Boulevard area west of 20 mile bend ;outh and Glades 1990; ....... ' ' [ 11996 ~0~ ~ 2015 Gl~es 36,565 a~ 37253 4% :' :~3~1 4% ~ '~9,320 of population haereases. ~ Four areas were esmblisheddepicted I, Areaeast of L95 2. and the Turnpike 3. 4, the Glades. Due to the convergence 9fi"95 and the Turnpike north of PGA, the FEC., railroad and the Loxahatchee Slough are used aa reape;ztive boUndaries in place of 1-95 and the turnpike. Population Distribution l[ssed on Adopted Land Use Plans: East to West ireas _ Pop ,%of total Pop %oft~ Pop %ofto~ Pop %oftoU ~ ofI-95 2~,~~ 34M 318,754 ~2~ ~,439 ' 29~ 370,580 ~ 1-95& 397781 r~pi~ ~ of Tmpik~ I~2,~1 15~ 169,753 17~ 242~$ 21o~ 3~05l 23% City of Boymon Beach School Concurrency Amendmenr~ Amendmen~ 01-SC1 Sep~-~-, 200 Support Documents Ordinance No. 01-00 The model predicts that 46% of future populati0~ ~ro~l~'~lt ~ur [~et~veen the Turnpike and 1-95. Only 15% of the County's projected population increase will occur east of 1-95. Furthermore, 37% of the projected population increase will occur west of the Turnpike. 8. Population Based School Surpluses and Deficiencies. The Five Year Plan provides short term projections (~-5 years) and long term district-wide enrollment projectionsby school type (l-20 years). Short term project~ons rely upon the utilization of the Cohort Survival Method. This Model uses enrollment data by grade and by facility, factoring in ~owth and rolling students forward through the schools by g~ade: Long term projections are based on the Population Dissagregation Model developed by Palm Beach county Planning. This model establishes the bases for projecting capacity requirements through~ the initial fi~ve year planning period and the end of the long range planning period, consistef~t with Rule95r5.025(2)~) F;A.C~ The re~nalts are cross-verified and compared for variations. (See Enr01~ent Pr0jections:ic~iOutline below) ~ 9. Facility Demand. T~le population., !the facilities by CSA and and projected Co~,o_ty, are seats needed(capacity dem~d). City Of Boynton Beach School Concun'ency Amendments Amendments O1-SCI September, 2001 Suppe~ D~cnr~u~ Ordi.mmce No. 01~0 Disaggregation Sub-Area Maps 1 and 2: i City of Boynton Beach School Concurrency Amendments Amendments 01 -SC I I0 Sc-pi.=u~bcr, 2001 Support Documents Ordnance No. 01-00 ENROLLMENT PROJECTIONS OUTLINE USING COHORT SURVIVAL AND GIS FOR SHORT & LONG TERM PLANNING DATA SOURCES: STUDENT DATA BY AREA, ADDRESS & FACILITY POPULATION DATA AND PROJECTIONS BY AREA (other date: births, certificate of occupancy, development projects, ;~rogrem changes, other) PROJECTION MODELS: COHORT SURVIVAL MODEL AREA PROJECTION MODEL (SHORT TERM -1 to 5 years) (LONG TERM - 1 to 20 years) u~e~ enrollment data c~le~ted by area & ~opulation date by ama generated by PZB of PBC & BEBR with GIS to integrate student data with best evaiiable source~ for popul~io~ projections. Uses enro/lment date by grade ,by Fac/lity, factors.in growth and rolls Student forward by grade. CROSS-VERIFICATION Cheek re.~uhs for variation, for facilities plann ng ENROLLMENT PROJECTIONS DEVELOPED USING ACCEPTED METHODOLOGY & BEST AVAILABLE SOURCES, INCORPORATES VARIATION BY FACILITY AND GEOGRAPHIC REGION City of Boynwn Beach School Concurrency Ame~dra~nts Amendments 01-SC 1 II September, 2001 Support Documents Ordinance No. 01-00 D. LEVEL oF SERVICE ANALYSIS The School District's FY2001-FY2005 Five Year Plan and FY 200l Capital Budget. ,rune 2000 ~Five Year Plan) provides an analysis of the adequacy of the existing level of service for each school facility within each high school planning zone, describing the physical condition of the facilities in order to devetop appropriate level of service standardz ba~ on physical conditions and programs pursuant to Rule 9J-5.025(2)(d) F~A.C. The Five ¥¢~:~Pl~.p~ ~de~ the existing enrollment, the existing School Student Capacity (FISH), and existing~_(~tiBfft ' ~achTschool facility consistent with Rule 9J- - 5.025(2)(a), F.A,C. The. Five Y~ar PI~' s.high s~ planmng ~on~es pmvidean analysis of the schools within 8ach zone and specffic-.projec~r'ee0rrl-men~ ts. 'XPPei/d~iX of the Five Year P!an (CSA Tables) indicates which high sc3091 p~[ :anmng zon~ .~,mfi tion about the individual schools contained in each CSA. The public school enrollment in Palm Beach County indicams a range of facility utilization from under capacity to significantly over capacity as measured against the Florida Department of Education Inventory or, School HO~asii/g. (FISI-I). The 2000-2001 Five-Year Plan shows existing school utilizanon ranging from Mow of 43% (C.D. Eisenhower Elementary) to a high of 204% (Acreage Pines Elementary) of capacity for elerncn~'y~schools; middle schools range from '48 (Lakeshore Middle) to t 59% (Lantana Middle); and high schools from 70% (Jupiter High) to167 % (Atlantic High) of capacity. Thc shows north County middle and genarally' lower Sermce Pa'cas(CSA) 1-6. There is a moderate the Abacoa area is expected to add significant student growth years. Recently, development applications for the northern County, are proposing lower densities, which Enrollment in the eastemmentral portion of the County (within CSAs 8,9, I 1, 12,'14 and 15) is stable, but many schools are over capacity with moderate growth in enrollment expected to Continue. Schools operating above t CSAs 10, japes being particularly on County [ Dislrict expected to grow rapidly with family oriented enrollment m0d~emtely above capacity, but Considers the western portion (Glades) of the 2. Schools 35 Years Old or Older. The School District performed an educational adequacy and physical condition analysis on 4.2 schools that are 35 years old or older. The study provides a basis for a determination of priority for capital improvements through FY200~ for mOdernization of facilities. The older facilities include 5 high schools, 5 middle schOOls, 26 elementary schools, 4 special alternative schOOls, and 2 full serWce centers. The schools' assessments are described in executive summartes prepared by Vanderweil Facility Advisors, and Song and Assoc., et al. Copies of these documents are held at the City of Boymon Beach's Planning and Zoning Division and will be pan of the Support Documents of the PSFEo City of Boymon Beach School Concurrency Amendments Amendments 01-SC1 12 September, 2001 Support Documents Ordinance No. 01-00 3. School Facility Utilization - Level Of School Board Policy 7.13 addresses the School Plant Capacity Level of Set,Ace (LOS). It requires the School Disu'/ct to maintain equitable levels ofsermce for the District's schools. The School Board policy describes a range of enrollment per FISH capacity (LOS) from underutilized. 90% or less. to cnucalIy overcapacity (151% or more). The policy sets the District's goal for school utilizauon to between 90% and 110% of each school's FISH capacxry, not ro exceed 120%. The following policies in the PSFE determine the LOS to be used for school concurrency, addressing how to implement the target LOS and the tiered LOS. and how to conduct School Capacity studies to make LOS deterrmnations for individual schools that may go beyond the adopted LOS. a. Target Level of Service Standards As a requirement for school concurrency, the Interlocal Agreement establishes the counWaqde goal for LOS as 110% ofFISH capacity. The LOS standard is the school's utilization, deftned as the enrollment as a percentage of school student capacity based upon the Florida Inventory of School Houses (FISH). The Interlocal agreement also establishes that no school can operate m excess of 120% utilization, once the target'LOS standard is achieved. 1. School Capacity Study The Interlocal Agreement mqUtres a School Capacity Study (SCS) if a school in the first student count of the second semester exceeds I08% ofFISH capacity. The.Technical Advisory Group (TAG) ;is required to conduct a SCS to determine il'the specific school can operate at a LOS exceeding 110%, though no school shall be permitted to operate at a LOS greater than 120% of FISH c,ap~city, berg in the 2004-2005 school year. The study must consider the demogaPhics wi~ the CSA; student population trends; core facility capacity; real estate trends and teacher student ratiosl 2. Technical Advisory Group The Interlocal Agreement establishes an independent and representative group appointed by the County; School District, and municipalities to function as a resource to the County, School Dislrict, and municiPaliti~. The TAG shall conduct studies and make recommendations regarding the five y~ar arldl0ng range work program, facility utilization, and CSA adjustments to enhance joint p~g and ensure that the School District's Work Plan and Capital Facilities Program provide a financially feasible plan to add enough capacity to provide permanent student stations for the projected grOwth. In summary, this policy establishes the district-wide target level of serv/ce standard of 110% utilization or 120% subject to the results Ora SCS undertaken by the School District to determine if a school can operate m excess of 110%. Finally, no school shall be permitted to operate at a LOS greater than 120% ofFISH capacity beginning .nth the 20042005 school year, when the target LOS of 110% must have been reached counWwide. bo 120% Implementation This policy lays out the procedure that needs to be followed when a SCS deten~nes that a school will exceed the 120% utilization, once the target LOS standard of 110% is in place. To correct the failure the School District would have to make program adjustments, attendance boundary City of Boynton Beach School Concurrency Amendments Amendments 01 -SC 1 13 September, 2001 Support Documents Ordinance No. 01-00 do adjustments or modifications to the Capital Facilities Program. After those adjustments are made and the SCS deterrmnes that the school exceeding the 110% standard can operate within the guidelines established by the school district's adjustments, then the Comprehensive Plan needs to be amended to reflect the new LOS standard for the school type in the correspondingCSA. School Capacity Study Criteria Policy 10AA.3 sets up the criteria,to conduct aSCS and the minimum data and anatysis to be considered when c0,nduc~ngthe s~dy- The Policy also directs the TAG to notify the iocaI government where'the SCS ig goifig tO be c0ndu~cted. Tiered Level of Service Section 163,3,180(12)(b)3, F.S., provides the option of tiered LOS standards for schools to allow time. to achieve, an a~lequate and ~esirabl~ ~0s.' Tge intefl0Ca! ,A~reem~nt ~s~'biishes tiered levels of set'ce ~.~r.e~Ch school type b~s~d on Sc~ol.B ~.ogr4 P0!~Y 7A3, Which ~shall be in place until such time the School District has achieved 1 lO?/o LOS.. In order to achieve a the and the CIE Table - 17. interim 110% long LOS by achieved. 5 will be Additionally, in order to establish a cons~stem maximumhmit for/ndividual schools exceeding the adopted LOS standard during Table 1.1-2, below, ~ urider Policy 1.t-cl, The additional LOS new table. The table per percentages of utilization resulting analysis yielded the a CSA. type per City of Boynton Beach School Concurrency Amendments Amendments 01 -SC 1 14 S=pi~b~, 2001 Support Documents Oreli.ance No. 01-00 Table 1.1-1 Standards for Tiered Level of Service CSA I Facili Type2000-01 t 200 -02 I 2002-03 Elementary 120 110 I Middle 130 125 110 High 110 Elementary 1 [0 2 Middle 130 130 l I0 High II5 115 115 110 r Elementary 110 3 Middle 130 130 1 [0 High 115 II5 115 i10 Elementary 115 110 4 Middle 130 130 110 High 115 1 t5 115 110 Elefi~entary l 10 115 I10 5 Middle 130 130 High 135 135 130 130 110 Elementary 110 6 'Middle 130 130 120 110 High 120. 120 120 110 Elementary 110 8 Vliddle 130 130 125 115 110 { ~Iigh 12~ 125 120 115 110 Elementary 110 9 'Middle 125 125 125 115 110 ;lish 120 120 120 110 Elementary 135 120 110 I0 iMiddl¢ 125 125 125 125 110 High 120 120 120 110 City of Boyuton Beach School Concurr~cy Amendments Amendments 01-SCI 15 September, 2001 Support Documen~ Orelina.¢e No. 01-00 CSA f Facitit'/Type t 2000-01 ] 200142 I 2002-03 I 2003-04 ] 2004-05 I l Middle 125 125 125 110 High I25 I25 [25 110 EIementary [40 130 120 1.15 110 12 Middle 135 135 135 115 ll0- High 135 135 135 [20 110 Elementary 125 I25 115 110 High 135 130 130 115 Elementary 135 135 115 115 ' lt.O 15 Mi4dle 125 !55 125 ii0 High 135 135 135 110 El~m~ntary 130 115 110 16 Middle 120 120 120 115 110 m~. 135 135 135 120 110 Elementary t30 t25 1 I0 17 Middle 135 130 130 I10 l~igh 145 120 120 110 Elementary 120 115 115 115 110 18 Middle 120 120 120 120 110 High t45 120 120 115 110 Elementary 110 19 Middle {:10 Hi8tl 165 130 130 130 1 I0 20 Middle 125 I I 0 High 165 130 130 130 110 Elementary 115 110 21 Middle 125 125 125 110 High 125 !.25 125 115 110 City of Boymou Beach School Concurrency Amendments Amendments 01-SC 1 16 Support Docu.m~nu{ Ordinance No. 01-00 CSA t Facili~TyPe I 2000.01 t 2001-02 2002-03 I 2003-04 I 200405 Il 200506 Elementary 110 22 Middle 110 High [ 10 Elementary 1 l 0 23 Middle I IO High I 10 County Alternative wide 5¢hools 1 I0 Source: Based:on data depicted !~ ghe Sc ~hool District of Palm Bea.~h County FY2001-F~005 Five Year Plan and FY 2001 City of Boy'umn Beach School Concurrency Amendments Amendments 01-SCI 17 S~ptemb~r, 2001 Support Documents Ordinance No. 014)0 Table 1.1-2 MAXIMUM UTILIZATION TABLE: Standards for Utilization of Capacity CSA Eacility Type 2000-01 2001-02 2002-03 2003-04 200420~; ~ 2005-06 Elementary 165 ' 125 125 't 20 520 120 1 Middle 130 I25 120 [20 120 ~ 120 High i 20 i 20 120 I~20 120 120 Elementary 20 12~ 120 ~120 120: - 120 Elementary 120 120 120 1:20 120 120 3 Middle 130 130 120 120 120 120 High 120 120 120 120 120 120 ElementarY 155 150 t 20 120 120 120 4 Middle 135 13~ 120 120 120 120 High 135 135 130 130 120 120 Elementary 155 150 120 120 120 120 5 Middle 140 135 120 120 120 120 High 135 135 130 130 120 120 glementary 155 145 120 120 120 120 6 Middle 135 135 120 120 120 120 High 120 120 120 120 120 120 Elementary 160 160 160 145 120 120 8 Middl~ 135 135 135 130 120 120 High 120 t 20 120 120 120 120 El~tm~ 120 120 120 [ 20 120 120 9 Middle 135 135 135 130 120 120 High 120 120 120 t 20 120 120 Elementary 205 165 120 120 ' 120 120 l0 Middle 135 135 135 t35 I 120 120 High 120 120 120 120 120 120 18 September, 2001 City of Boymon Beach Suppor~ Documents School Concurrency Amendments Ordinance No. 014)0 Arneuch:neuts OI-SC1 CSA Facility Type 2000-01 2001-02 2002-03 .: 2t)03-04 2004415 2005-06 Elementary 245 24.5 120 120 120 120 i I Middle 125 125 120 120 I20 120 High 125 125 120 I20 120 120 Elementary 150 150 I25 120 120 120 12 Middle 145 14.5 I45 i25 i20 I20 High I35 i35 I35 120 I20 120 Elementary 140 135 135 130 120 120 14 Middle I45 145 145 I25 120 120 High 165 120 120 120 120 120 Elementary 180 180 165 140 120 120 15 Middle 130 130 125 120 120 120 High 135 135 135 120 120 120 Elementary 200 120 120 120 120 120 16 Middle 140 125 125 125 120 120 High 135 135 135 120 120 120 Elementary 205 205 125 125 120 120 17 Middle 175 175 175 120 120 120 I-Iigh i45 120 120 120 120 120 Elementary 130 120 120 120 120 120 18 Middle 130 130 130 130 120 120 High 160 120 120 120 120 120 Elemenlmry 120 120 120 120 120 120 19 Middle 120 t20 I20 120 120 120 High 170 135 I35 135 120 120 Elementary 140 140 140 135 120 120 20 Middle 130 120 120 120 120 120 High 170 145 145 t30 120 120 Elementary 165 145 120 120 120 120 21 Middle I55 155 155 120 120 120 High 145 145 145 120 120 120 City of Boynton Beach School Conclnr~acy Amendments Amendm~l~ts 01-SC 1 19 September, 2001 Support Documents Ortti~a.ce No. 01-00 CSA Facility Type 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 Elementary 120 120 120 120 120 120 22 Middle 120 120 120 t 20 ! 20 120 High 120 120 ~20 120 120 120 E ementary 300 120 J20 ~ 120 23 Midd!e 120 120 120 12.0 I20 120 High 120 120 120 120 ' 120 120 'Al~¢~ative I CountYwide Schools 120 120 t20 1'2~ ,, 120 I20 Sour~ Bas~ ~n da~a, dgp[et~d in time School District of l~.al m Beagh County FY20OI=FY20~ Five Year Plan and FY 2001 Capiiil BU~ Ju~e 200~ City of Boynwn Beach School Concurrency Amendments Amendments 01-SC 1 2O S~pt~,,~ber. 2001 Support Documents Ordinance No. 01-00 4. School Capacity Availability The School District's SLx Year Capital Improvement Schedule. depicted on C~ Table -I 7. assures that funding for construction of ptanned school facilities is available in the fkst three years of the adopted Plan. The City of Boynron Beach may not deny a development perrmt authorizing residential deveiopment where adequate school facilities will be in place or under actual construction within three years. Within the initial six-year plarmmg period, the CSA Tables show assured construction within the first three years, This is consistent with § 163.3180(13)(e), F S, to provide a dependable school capacity availability when evaluating LOS detemmnanon. 5. Development Rights The impact ora single family home on an existing lot of record is considered to have minimal impact on schools and is therefore exempted from LOS restrictions. 6. Public Infrastructure and CoUocation. The analysis of the problems and oppormmties consistent with Rule 9.1-5.025(2)(f). F.A.C., suggests that the School District is both a service Iinfrastructore) provider with a level of service deterrmnation, and a developer, requiring infrastructure to meet concurrency to proceed with eonsu'uctiun of schools. The City of Boynton Beach will assist the School District in the determination of site locations proximate to required infraslracture in an effort to reduce costs. Additionally, the City of Boynton Beach will work wath the School District in identifying funding for the provision of supporting infrastructure, such as water, sewer, roads, drainage, sidewalks and bus stops for existing and proposed public school facilities. To assist in cuntamang costs, the City of Boyrlton Beach shall allow schools as a permitted use in all residential land use categories and encourage the collocation of schools proxunate m the residential development which they will serve. The City of Boynton Beach adopted on January 18, 2000, an amendment to the Future Land Use Element to comply with the requirements of § 163.3177(6)(a), F.S., calling for the provision of opportunities to collocate schools with facilities, such as lihrahes, parks and community centers. Map PS 3.2 (Map Series) depicts the budgeted planned additional school capacity which do not have confirmed sites. The CSA Tables show that these projected schools will bring significant relief to over- utilized schools within the next five years. To coordinate school siting with the City of Boynton Beach's development review process in a timely manner, an alternative and expedited review is provided through the City of Boynton Beach's/nterlocal Agreement, Agreement Number 112000 0808, with the School Disa'ict. The opportunity for the City of Boynmn Beach to review possible school sites prior m acquisition, allows for a multi-agency, expedited review of all potential school locations. Due to the growth in the County's Rural and Exurban Tiers, the central western communities offer few potential school sites collocated with community facilities. Infrasa'ucmre is limited in these areas consistent with their more rural development pattern. E. FINANCIAL FEASIB1L~i'Y Data and analysis in support of the financial feasibility of the school concurrency program is described in the corresponding amendments to the Capital Improvements Element Cityof Boynton Beach School Concurrency Amendments Amenan'~uts 01-SC 1 21 September. 2001 Support Documents Or~tln~nee No. 01-00 F. ENTERGOVE R~NMENTAL COORDEN'ATION The Intergovernmental Coordination Element (ICE) has been amended to address the reqmrements for coordination with the School Dismct and municipalities for decision -making on school siting. The ICE ihdresses the requirements of Rule 9J-5.015, F.AiC., for coordination of Plans w!th the School Board and er Units ofl0cal g6vernment. The executed intertoc~ Agreement. which is consi~tqnt with 163:3~1 ~7(6){k) 1 .and 2., F.S.; knCl~§t 63.3 180(13)(g)~.s,;, establisftes processes t'oi~ergovemmental coordination and collaborative planning among thb School District. the City 0f Boyaton Beach, and Palm Beach County, The following definitions are added to comply with the rmnimum criteria for the Public School Facilities Element for school concurrency and are consistent with Rule 9J-5.025(1), City of Boymon Beach School Concurrency Amendments Amendments 01 -SCI 22 S~t~i~ab,;,-, 2001 Support Documents Ordinance No, 01-00 DEFINITIONS ANCILLARY PLANT - Facilities to support the educational program, such as warehouses, vehicle maintenance, garages, and administrative buildings. CORE FACILITY - Those facilities which include the media center, cafeteria, toilet facilities, and circulation space of an educational plant. DISTRICT SCHOOLS- All District owned regular, elementary, middle, high schools, magnet and special educational facilities. EDUCATIONAL PLANT,SURVEY - A study,of present educational and ancillary plants and the deterrmnation of future needs to provide an appropriate educational program and services for each student. FLORIDA INVENTORY OF SCHOOL HOUSES (FISH) - The report of permanent school capacity. The FISH capacity is the number of students that may be housed in a facility (school) at any given time based on using a percentage of the number of existing satisfactory student stations and a designated size for ~tch program according to s. 235.I$ Florida Statutes. In Palm Beach County, permanent capacity does not include the use of relocatable classrooms (portables). PUBLIC SCHOOL CONCURRENCY SERVICE AREA OR"CONCURRENCY SERVICE AREA" - The specific geographic area adoptedby local governments, within a school district, in which school concun~ency is applied and determined when concurrency is applied on a tess than disU-ict-wide basis. City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 23 S~pmmber, 2001 Support Documents Ordinance No. 01-00 Concurrency Service Area (CSA) Boundary Description The Palm Beach County School District is divided into twenty one CSAs for school concurrqncy. The p~Im Beach.Cqunty School CSA boundarie~ are ~e~crib?d in the following pages as bounded by Section lines, major trafficxways, natural barriers and county boundaries consistent with s. 163.3180(13)(c)2.,F.S. Changes to the ~SA boundaries shall be made by plan amendment and exempt from.the limitation on. the:frequency af plan amendments.- CONCURRENCY SERVICE AREA DESCRIPTIONS DESCRIBED AS BOUNDED BY: gl NORTH The Martin / Palm Beach CounV/Bo~der ~ : < Don~ Ross<Rd #2 NORTH SOUTH EAST WEST The Martin / Palm Beach County Border Donald ~oss Rd and the South Section Line of Seot/ous (using T-R-S) 4142721 ,, 4~1,42-20, 41-42-19, 41-41-24, and 4 ! -41-23, then Southwest al0ng the centerline.of the C-18 canal tothe Bee Line Hwy -Florida's Turnpike -Bcc. Line Hw~ #3 NORTH SOUTH EAST WEST Donald Ross Road The South Section Line of Sections (using T-R-S) 42-43-10, 4243-09, 42-43-08, 4243-07, and 42-42-12, East of Military Trl, then South along Military Trl to Northlake Blv6, then West along Northlake Blvd to Florida's .Turnpike The Atlantic Ocean Florida's Turnpike NORTH SOUTH EAST WEST The South Section Line of Sections (using T-R-S) 4142-21, 41-42-20, 41-42-19, 4141-24, and 41-41-23, then Southwest along the C-18 Canal to the Bee Line Hwy, then Northwest along the Bee Line Hwy until the intersect/on of Bee Line Hwy and the West Section Line of Section 41-41-18 Northlake Blvd West to Grapeview Blvd, North along Grapeview Blvd to the South Section Line of Section (using T-R-S) 42-41-08, then West along the South Section Line of Sections 42-41-08 and 4241-07 Florida's Turnpike The West Section Line of(using T-R-S) 41 41-18 South of the Bee Line Hwy, and the West Section Lines of Sect/ohs 41-41-19, 41-41-30, 41-41-31, 4241-06, and 42-41-07 Civ/of Bolmwn Beach 24 SeFiem~r, 2001 Schoo! Concurrency Amendments Amendments O1-SCl Support Documents Ora,~,a~nce No. 01-00 #5 NORTH SOUTH EAST WEST The South Section Line of Sections (using T-R-S) 42-43-I0, 42-43-09, 4243z08, 42-43-0'7. and 4242-1.2 West to Military Trl The South Section Line of Sections (using T-R-S) 42-43-34, 42-43-33, 42-43-32, 42-43-3 i. and 42-42-36 West to Military Trl The Atlantic Ocean Military Trl #6 NORTH SOUTH EAST WEST Northlake Blvd The South Section Line of Sections (ming T-R-S) 4242-36 West of Military TrI, 42-42-35, 4242-34, 42-42-33, 42-42-32, and 42-42-31 Military Trl The West Section Line of Sections (using T-R-S) 42-42-18, 42-42-19, 42-42-30, and 4242-31 #8 NORTIt SOUTH EAST WEST The South Section Line of Sections (using T-R-S) 4243-34, 42-43-33, 42-43-32, 42-43-31, and 42-42-36 West to Military Trt The North Line of the South Half of Sections (using TRS) 4343-23, 43-43-22, 43-43-21, 4343-20, 43-43-19, and 4342-24 East of Military Trl The Atlantic Ocean Military Trl NORTH SOUTH EAST WEST The South Section Line of Sections (using T-R-S) 4242-36 (West of Military Trl), 4242-35, 4242-34, 42-42-33, 4242-32, and 42-42-31 The NorthSection Line of Sections (using TRS) 43-42-24 West of Military Trl, 43-42-23, 4342-22, 4342-21, 4342-20, and 43-42-19 Military Trl The Wes~ Section Line of Sections (using T-R-S) 43-42-06, 43-42-07, 4342,18, and 4342-19 North of the South Line of the North Half #10 NORTH Northlake Blvd West to Grapeview Blvd, North along Grapeview Blvd, then West along the South Section Line of Sections (using T-R-S) 42-41-08, and 42-41-07, then South along the West Section Line of 42-41-18 until intersecting with the Canal generally delimiting the Northern extant of The Acreage and the Southern extent of the J. W. Corbett preserve, West along the eenterline of the Canal through the center of Sections 42-40-13, 42-40-14, 4240-15, 42-40-17, and 4240-18, then North along the East Section Line of Section 42-39-13 to the North Line of the South Half of Section 42-39-13, then West along the North Line of the South Half of Section 42-39-13 to the West Section City of Boyaton Beach School Concurrency Amendments Amendments O1-SCl 25 September, 2001 Support Documents Or~-a,~ce No. 01-00 #11 #12 SOUTH EAST WEST NORTH SOUTH EAST WEST NORTH SOUTH EAST WEST Line of Section 42-39-13 Southern Blvd West of 441, West to the West Section Line of Section (using T-R-S) 43-40~33 The East Section Line of Sections (using T-R-S) 43-4[-0t, 43,41:I2, 43-41-13, 43,41-24,43-41-25, and 43-41~36 SoUth to Southe~ Blvd The L-8 Canal South of the S~uth section Line of Section (using T-R-S) 42-40-3l and'West bfthe West Section Line of Section 43-40-08, the West Section Line of Section 43-40r08 South of the ¢-8 Canal, ~ We~t, Sg~,.,t~91~;[~e of Secti°ns 43-40-16, 43-40-21. The North Line of the South Half of Sections (using TRS) 43-43-23, 43-43;22, ~43-~[, 4343-20, 43-43-19, and 4342-24 East of Military Trl The South Section Line of S~ons (using T-R-S) 4443.02, 44-43-03, 44.43-04,.44_43;6~, 44-43.06, and 44~2-01 East of Military Trl The Atlantic Ocean. Military Trl The North Section Line of S~:tions (using TRS) 43-42-24 West of Military Trl, 43-42-23, 43-42-22, 43-42-21, 43-42-20, and 43-42-19 The South Section Line of Sections (using T-R-S) 4442-01 West of Military Trl, 44-42-02, 4442-03, 4442-04, 44-42-05, and 44-42-06 Military Trl The West Section Line of Section (using T-R-S) 4342-19 South of the North Line of thc South Half, and State Rd 7 #14 NORTH SOUTH EAST WEST The South Section Line of Sections (using T-R-S) 44-43-02, 44-43-03, 44-43-04, 44-43-05, 44-43-06, and 4442-01 East of Military Tfl The South Section Line of Sections (using T-R-S) 44-43-26, 44-43-27, 44-43-28, 44-43-29, 44-43-30, and 44-42;25 East of Military Tfl The Atlantic Ocean Military Trl #15 NORTH SOUTH EAST WEST The South Section Line of Sections (using T-R-S) 4442-01 West of Military Trl, 44-42-02, 44-42-03, 44-42-04, 44-42-05, and 44-42-06 The L-14 Canal Military Trl State Rd 7 City of Boymon Beach 26 S _,:y;.....~.~., 2001 School Concurrency Amendments Amendments 01-SCI Support Dncum~s Ordinance No. 01-00 #16 #17 #18 #19 #20 NORTH SOUTH EAST WEST NORTH SOUTH EAST WEST NORTH SOUTH EAST WEST NORTH SOUTH EAST WEST NORTH SOUTH Southern Blvd West of 44 I, West to the West Section Line of Section (using T-R-S) 43-40-33 The South Section Line of Sections (using T-R-S) 44-41-25, 44-41-26. 44-41-27, 44-41-28, 4441-29, and 44-41-30 East of the L-40 Canal U.S. Hwy 441 / State Rd 7 The L-40 Canal and the West Section Line of Section 43-40-33 South of Southern Blvd The South Section Line of Sections (using T-R-S) 44-43-26, 44-43-27. 4443-28, 4443-29, 4443-30, 44-42,25, 4442-26, and 44-42-27 East of Jog Rd The Boynton Canal The Atlantic Ocean Jog Rd The L-14 Canal West to the Florida Turnpike. then North along the Turnpike to the South Section Line of Section (using T-R-S) 4441-29, then West along the South Section Line of Sections 44-42-30, 4441-25, 4441-26, 44-41-27. 4441-28, 4441-29 and 44-41-30 East of the L-40 Canal The Boymon Canal Jog Rd The L-40 Canal The Boynton Canal The South Section Line of Sections (using T-R-S) 46-43-03, 46-43-04, 4643-05;4643-06, 46-42.01.46-42-02, 4642-03, 4642-04, 4642-05, 4642-06, State Rd 7 South to the South Section Line of Section 4641-01, West along the South Section Line of Section 46-41-01 extended to the L40 Canal The Atlantic Ocean The L40 Canal The South Section Line of Sections (using T-R-S) 4643-03, 46-43-04, 4643-05, 46-43-06, 46-42-01, 46-42-02, 4642-03.4642-04, 46-42-05, 46-42-06. State Rd 7 South to the South Section Line of Section 4641-01. West along the South Section Line of Section 4641-01 extended to the L-40 Canal The South Section Line of Sectious (using T-R-S) 464348, 4643-29, 4643-30, 4642-25, 46-42-26. 4642-27, 4642-28, 46-42-29, 4642-30, 4641-25, and 4642-26 East of the L-40 Canal. the portion of the line City of Boymon Beach School Concurrency Amendments Amendments 01 -SC 1 27 September. 2001 Support Documents Ordinance No. 01-00 #21 EAST WEST NORTH SOUTH EAST WEST formed by these Section Lines West of 1-95 generally approximates the C- 15 Canal The Atlantic Ocean The L-40 canal The South Section Line of Sections (using T-R-S) 46-43-28. 46-43-29, 46-43-30, 46-42-25, 46-42-26, 46-42-27.46-42-28, 46-42-29.46-42-30, 46-41-25, and 46-42-26 East of the L-40Eanal, the pon~on_of the line formed by these Section Lines West 0(I-95 generally approximates the C-~5 canal: ~ ~T~ Atlan~c Ocean L-40 and L-36 Canals #22 NORTH SOUTH EAST WEST The Martin / Palm Beach County Border The'Palm Beach / Broward County Border From the Martin / Palm Beach County Border, the Bee Line Hwy South to the West Section Line (using T~R-S) of 4141-18, the West Section Lines of Sections 41-41-18, 41-41-19, 4141-30, 41-41-31, 42-41-06, 4241-07, and 42-41-18 until intersecting with the Canal generally delimiting the Northern extent of The Acreage and the Southern extent of the J. W. Corbett preserve, West along the centerline of the Canal through the center o f Sections 42-40-13, 42-40-14, 4240-15, 42 -40-17, and 42-40-18, then No~th along the East Section Line of Section 42~39-13 to the North Line of the South Half of Section 42-39-13, then wWeSt along the North Line of the South Itatf of Section 42-39-12 to the est SectiOn Line of Section 42-39-13; ~en South along The West Section Line of, South Half Of Section 42-39-13, The West Section Line of SeCtions.42-39-24~ .42-39-25, and 42-39~-36 North of the L-8 Canal, the L-8 Canal South t0 the west Section Line.of SeCtion 43-40-08, than South along The West Section Lines of Secti0ns 43-40-08 South of the L-8 Canal, 43-40-16, 4340-2i, 4~3-40-28, and 4340-33; then South along the L-40 Canal and the L-36 canal to the Palm Beach / Broward County Border ~outh to the South Section Line of East along the South Section Line of 37-23, then Soi~th along the East Section Line of 42-37-02, 42-37-1 I, 42-37-14, 42-37-23, [ 42.37.35,!hen~WeS~ along the South Section Line of i to the 1/ 43-37-02, then 43-37-11, then in a Southerly 44-3%02, then South along City of Boynwn Beach School Concurrency Amendments Amendments 01-SC I 28 S~i~,~ba;, 2001 Support Documents Ordinance No. 01-00 #23 NORTH SOUTH EAST WEST the East Section Line of Sect'i0hs 44-37-02, 44-37-11, 44-37-14. and 44-37-23 to the L-16 Canal. then West along the L-16 Canal and the L-21 Canals. also referenced as the Bolles Canal, to the West Section Line of Section 44-35-34. then North along the West Section Line of Sections 44-35-34, 44-35-27.44-35-22, 44-35-15, 44-35-10.44-35-03, 43-35-34, and 43-35-27 to the Shoreline of Lake Okeechobee, then Westerly along the Shoreline of Lake Okeechobee to the Palm Beach / Hendry County Border, South along the Palm Beach / Hendry County Border to the Palm . Beach / Broward County Border The South Section Line of Sections (using T-R-S) 43-37-22 East of Lake Okeechobee, and 41-37-23 The L-16 and L-21 Canals, also referenced as the BoRes Canal The East Section Line of Sections (using T-R-S) 41-37-26, 41-37-35, 42-37,02, 42-37-1L 42-37-14, 42-37-23, 42-37-26, and 42-37-35, then West along the South Section Line of Section 42-37-35 to the East Section Line of Section 43~37-02, then South along the East Section Lines of Sections 43-37-02, 43-37-1 I, 43-37-14, 43-37-23, 43-37-26, and 43-37-35, then in a Southerly direction to the East Section Line of Section 44-37-02, then South along the East Section Line of Section~ 44-37-02, 44-37-I 1, 44-37-14, and 44-37-23 m the L-16 Canal The West Section Line of Sections (using T-R-S) 43-35-27 South of the Shoreline of Lake Okeechobee, 43-35-34, 44-35-03, 44-35-10, 44-35-15, 44-35-22, 44-35-27, and 44-35-34 South to the L-21 or Bolles Canal City of Boynton Beach School Concurrem:y Amendments Amendments 01-SCI 29 September, 2001 Support Documents Ordinance No, 01-00 PUBLIC SCHOOL CONCURRENCY Support Documents APPENDIX A Concurrency Service Area Tables t ~Jimlfie/s bbsed oh F¥20001- FY2005 CONCURRENCY SERVICE AREA t Five- Yea~' Plan of tii~ S~,, ~ ~strict of Pahn Beach County Jeny Thomas Ele~ 852 790 106% 740 790 94% 749 790 95% 748 790 95% 762 79o ~% 804 790' 102% Total Elementaey 3627 3120 tt6% 3511 4090 86% 3646 4090 67% 3604 4337 83% 3698 4337 86% 3840 4337 89% Jopit~ kadd~ New J~er A~a Mid(Jla (9~.FF) Total Middle j~,~.Jo. To~l High 1626 1296 125~ 1828 1296 128% i~e 267~o 1551 1296 120% 1340 832 1651 t268 120'~ 2172 1789 2570 70% le41 1786 2670 70% 1841 1296 13oo 2596 2570 2670 Cmos ~eferenco the schools In this CaA with Capital Facilities Plan. Chapter 4, Planning Zones 01, 103% 1306 64% 1114 64'/. 2420 72'/. 2009 72% 2009 Middle Schools 1296 101% I 1305 1296 1% 101%l- 1323 1296 102% 1300 06% 1116 1300 86% 1122 1300 2696 93% 2421 2596 93 2445 2596 94% 2500 80% I 2187 2500 87% I 2291 2500 92% I I 2500 80% 2197 2500 67% 2291 2600 92% Jupiler Area Middle Scho~ [66-FF) in 2002 Llghthouee Elements~ (---N in 2oof Middle (95*FF) Open in 2002. Capacity 1300. Hloh Schools Modernization c~mpleled in 2003. May provide eR~ollment relief to neighboring CSAs · The prooram and boundary adjustments necessary to effectively utilize capacity may occur at ln]~ tim. Page I Erirollmer~l ri,tubers based on FY20001- F Y2005 Five-Year Plan of the School District of Palm Beach County CONCURRENCY SERVICE AREA 2 Total -":;....;...'~,/, 79D 783 102% 803 783 103'.4, 836 o2/o3 ~ o~/O4 ' ~ o~o5 ~ 05/06 703 1 7% 846 783 t06% ~044 783 106% 850 763 ,109% 783 107% ~6 783 ~1~8%' .8~ 783 108% 850 783 109% CrOSs mferer~c~ the schools in Ibis CSA Wltl~ Cap#al Factlilles Plan, Chapter 4, Planning Zoos 02 ' T~ pr~mm nd ~u~a~ IdJuatmn~ MCOBIIW lO effecflve~ ulll~ ~c~ my ~cur at any Eni t nun bets based o, FY20001- FY2005 Five- Year Plan of the Scl.- istdcl of Palm Beach County CONCURRENCY SERVICE AREA 3 Allemenda E!~=_-~_"?,r 409 851 57% DraIN D. Eis~ Elementmy 445 66g 51~~- 670 008 98% Total High 32133 73% 14gg 1169 126% 46~2 4171 10g% CI111 ,.;ma&, ga KllO01l in Ihil C$k ~ Clldlal Flciil~l Plnn. Chi D.D. Eleenho~r Cmnmuflil~ Choice Sdflo~ · The program end boundary adJuatmlnt neclleMy )o effectively utilize cep~clty may o~cur at any lime. · Einmentsey U451Eliion pl'oJecUonl are belied on lclumptlone of h idoptsd Comm#fdty Choice Plan fM Palm Belch County Schools. Fudher edJuMnteflts will be ba~ed off InfommUon Iron h flml quader of mdmM year 204)1-2002. 530 851 62% 306 669 35% 594 686 66% 660 625 82% 2110 3233 05% 1506 1t89 127% 1167 t606 1t06 121% t167 2433 2229 109~ 2440 ~i3-9 1942 111% 2070 4S72 4171 110% 4516 ~ 4. Pinning Zmme 02 lad 03. 506 851 60% 314 860 38% 579 688 84% 714 825 87% 2115 3233 05% 118g 98% 1leg 2229 1942 107% 4t71 106% 521 651 61~ 317 869 36% 576 669 84% 747 825 91% 2163 3233 67% 'tb62 1~'85 89% 4348 4171 104% Watson S. Duncan Middle High Schools William T. Dwyet High PelmOeach Gardens High 2101 323~ 5s% I 2111 3233 .% ~-1039 1189 87~ I fo13 If89 8~ t0~i 1~80 8?% f 1013 1t80 85% :2439 * 22~9 109% 2441 2229 110% 4281 4171 103% I 4196 4171 lot~j To receive enrollment relief wilh Ihe opening of Ihe new JUpiter Ama Middle $choo~ [98-FF) In 2002. Jupiter High bt 2003. Pdge $ E,mll/eont .umbers based on FY20001- FY2005 Five-Year Plan of the School District of Palm Beach County CONCURRENCY SERVICE AREA 4 - No schools CONCURRENCY SERVICE AREA 5 "I ,,, Grove Park Elemenla~,.~ 550 73 116"6 590 732 122% 522 732 112% 779 732 106% 796 732 109% 801 732 109% ?_k.p..~P.~ ............ ~ 394 151% 562 394 143% 552 600 92% - ~-~-~00 91% - 530 600 86% 535 60~ 85% L~..E__Ia~___~_q~_ ..... ~41 145~ 55% 974 1452 67% 974 1452 67% 908 1452 62%_ '~55 1452 66% ~ ~' 1452 65% NixthPdotBeachElen~ntmy 5~! r , 6~4 62% 414 534 50% 396 8~4 48% 37t 83,1 44% 376 834 45% 369 -'--53~"----47% W~t~p_.E~ ---' 567 572 67% ?~4 572 107% 815 572 ~DQ"/,~_.~16 _5?.2_ 10~% ~15 .5~7_2 106~- 511 572 lO7% _V?sl SIV, d~S Eleme~P/ 670 640 ~ 610 fid0 07%_ 804 040 66% 025__ 840 08% 8~2 840 101% 880 840 105% Di~.,M.~a~y~._Be~.~th~__~E...lefl~N~ 96-C) 723 670 76% 639 ' 070 97% 952 970 95% 964 570 99% ~5 . ~ 970, 101% 694 -- 970 Total Elemofltaly 4768 5794 82% 6211 6794 90% 6119 6000 .Ii.5_~ - .::~S0Q8 , 6000 8Q~'. ~i5~;02 ', '6~bO 8~P/,, '- 5159 6000 86% 1270 126% Cmll~ rele~er, ce ~ IChooll ~ II~t CSA wilh Cal~tal Faci~iUea Plan. Chaplet 4, Pllm~lng Z~et 03,a~d 17, l&.. Communily Choice Pla~ commrm~ty Chek:e Plan. Magn~ wtlh bo~mdades. commumty Chu~ce Plan, Me,del wilh boundede$. Dr. Mae/BelhuneElemsnlap/(9~-c) ConmmnityCholcePlan. Magnelwilhboundades. 1186 959 986 1t66 969 Middle Schools H.~.. WMIdns_Mlddle . . ~[o~(~jve q~l!'O!lment [?l~eJ ~)h ~e o~nlng, o; the J~g F, ~edy MIdAle/:. ..': ~e(~th ~e~e~: ~pleteaddil~in 2002: ,~ J ~pa~ 1502, High Schools SuncolltHIgh ~ .~ ~'.. p~t~lho~[~uddad~s. AT,hi,lAdy, Grip ~ [*T:A.G.) ~h~ ~pad~ ~ Gdy ~ll ~ undedpken pd~ to 2o~. · Elimln~ utlliz~_t_lo_fl_ projections are blsed on assumptions of Ih(, adopted Eel, fl il/if bors based on FY20001- FY2005 Five-Yea/* Plan of Ihe Sch istdcl of Palm Beach County CONCURRENCY SERVICE AREA 6 - No schools CONCURRENCYSERVICEAREA 8 I I .~ 0~0~ I 0~/02 I=o3 03/0~ / 04/05 I o~o~ 676 ~ 76% 761 666 86% 755 886 85% 702 888 79% 709 888 80% 731 868 82% 559 7~ 73% ~8 7~ 65% 626 7~ 82% 579 766 76% 582 766 76% 591 766 77% 677 769 127% 1144 769 149% 119~ 769 155% ~6 769 139% 1~6 970 110% ~059 '- 616 717 ~% R3 7~ ~% 639 7~ 85% 639 750 8~ 631 847 74% 644 847 ~ 741 93~ 697 741 ~% 723 741 98~ 7~ 741~ 99~ 756 741 102% ~66 74~' - 103~ SCHOOL NAME ,'ve~kvm*d Elementmy rotal Elemenlaly _ ~ 3893 3914 80% 4033 4404 02~ _O~_~_L~_ '_~_ ...... ~ 123% 143"~'~"--~ 164 121% ~ 129% Tolal Middle 4134 3497 tt8% 4250 3497 122% 42~2 3497 I'°m"fon I 27ne 2693 lee% 2994 2693 115%I2928 2693 tt3% Cross ra;;;~c& Ihe -_ C_h_ _-~_ !-_ in this CSA with c.~!!=__l Fnclllllea Plan, C.';:;'.;; 4, Plannlnil Zonos 04 and 17, Middle Schools 1418 1351 105% 2701 2593 104% 2701 2593 104% Beer LiSes Middle Middle School o! 1he Am ~4 490 101~0 1168 1184 99% _ 1154 962 120% ~387 ~351 103%_ ~700 3407 10~% 2716 2593 105% 2716 2593 105% 4286 4702 91% 2722 2593 ~05% I Group (T,A.G,) school capacity slud¥ will I~ underlakefl prior lo 2004. RoollvlllMIdOle Magnet w~th boundaries To receive enrollment ~;elie'f wilh Iho opening ol Ihe new West Palm ~eacn Nee Middle SchOol (EE) in 2003. Hlnh Schoolq · The program end boufldagy adjustments neceleafy to effectively uli6ze capacity may occur it any time, Palm Belch Lakes High New Central West Palm Beach Area H~gh ScfiDot (J J J) In 2003. Page$ Ellrollment numbers based o;J FY2OOO1- FY2005 Five-Year Pla~) of the School Dist;ict of Palm Beach County CONCURRENCY SERVICE AREA 9 $CHOOLNAME Seminole Trails Elemer~lmy 912 765 116% 628 765 852 765 109% 867 79,5 11{)%* 817 626 99% 733 826 89% 696 826 715 826 87% 1729 161t 107% 1661 1611 97% 1648 1611 1562 1611 68% 1556 E._,, .~ =,. ,. I'o receive mlmatmflt r~ief wilh the flew Okeechobee Cmddm Elemefltmy 196.D) ICroel reter~a Ute achoola In Ihla CCA ~ Celd~d Fac#~ Plan, Chapter 4, Planning Zones 04. Seminole Traila Elamlmla fy Communliy Cttok~ Pla~. Nates: ' Tho program end boundary adjualmoflto nocoeuae/to effectively utilize capacity may occur et any time. · ElomefltmY utllizaflofl projections are baaed on uanumptiona of tho adopted CommunJtyCholce Plan for Palm Beach Community Schoob. Further ad]uatments vail bo based on information from tho 6ret quaffer of ochooJ year 2001-2002. ~ .026 ' 1611 67% i0g 765 "715 826 87% 1524 1611 95% t /]umbers based on F Y20001- FY2005 Five-Year Plan of the Sch, istfict of Palm Beach Courtly CONCURRENCY SERVICE AREA '10 . . U L J~ Ee~l~ 1171 ~t 146% - ~a~'~" ~ .... ~- e79 80~ ~0~ 808 80~ mt% 826 ao~ m3% 677 Lo~ah_~I~oveiEM~Ia~ 773 773 I~% 746 773 97% ~1 773 - ~'~- 656 ~73 85% 657 773 85% 666 ~aw ~ge ~ea E~nl~ (~-Q) 550 ~7~ 57% 600 970 [o~1 ~:.~--~:~ ~53 4136 132% 5768 6106 113% 5956 ~0~6 98% 6215 6076 102% 6566 7046 93% 6484 7046 ITotal ...... 2~7 2~0 1~8% ~ 2927 2~0 IJS% 304~ 2~0 ~J0% 'J~8 2~0 ~8% 3264 3840 85% a399 3840 Tobl HIDh . 2459 ~493 99% 2505 2493 ~00%, 2~70 2493 ~% 2600 2493 ~04%I 2700 2493 ~08% 27J5 2493 Cross ::f:;;=ce ~e schools In this CSA with Caplal ;a~;;;iles Plan, Chapter 4, Planning Zones 0S. commueaiec Elemenlmy School (J) in 2002. To receive ameamehl ~'e~e f with lira open,ag of Ihe new Western New Acreage Area Elementary (004:1) open ih 2004. Capac;ly 970 Commumiiee__Elementm¥ School (J) in 2002 MlddleSchooll tI.L. Johneon Elementary To mceive emoSmenl relief wilh the opening of the flew I/l~elem Commu~lliee Eleme~tmy (J) ~ 2002. Creelwood Middle Weclem Plnea Middle ' H~WAcre&ge Area Middle (99-HH) Notes: capaclly may occur al any time. TO receive enrollmenl mlidJ with Ihe openin§ of Ihe new West Palm Beach Area M~ldle School (EEl in 2003 Acreage A~ea Middle [HH) in 2004 Open In 2004. CapaclLy 1300 Page 7 E,iolhtletlt mmibers based pa FY20001- FY2005 Five-Year Pla. of the School Disl[ict of Pahn Beach Cou,ty CONCURRENCY SERVICE AREA 11 347 626 2942 T 12M t326 96% 1156 1326 81% t226 t326 ~%~ t~:26 1326 92% 1225"'~ :1326, r' 9'2%'' ~"1225 Clal IIIII~Cl h ich~ll In Ihll CJi lllh Clpl~l Fi~lllh ~lln, Chplll 4, ~ll~g Zofll 01, i~ Elemenbw Sch~ll Middle School& 75% I 49O 970 ~'- 970 81% 3626 77% t300 64% 1300 84% 1326 92% I 1329 92% Modemizapon completed i~ 2004. New capacity.753. Modm'mzstKm completed in 2004. Modemizatkxl compdeted in 2003;. New capacdy 490. Modm'~,dzatio~ co4flldeted in 2002. New capacity 970. Co#nltonMdde ..... : MO,d~a ongo~pJeed r~,2003 N. ewcapa'ciy 1300 Hloh Schools Dreyfoos H gh 6c~hoo~ ~ Magrl~ w[th~l boundaries. M~nitor enrollment of the Ada Holes: · The program and boundary adjustments necessary to effectively utilize capacity may occur at any time. El}, ~t numbers base<~ go F Y20001- FY2005 Five- Year Plan of the Sc~, ,istdcl of Palm Beach County CONCURRENCY SERVICE AREA 12 SCHOOL NAME '~ ¢i. -' ~ 1012 ~89 125% 057 1025 705 145% 925 2037 1014 135% 1862 705 131% 655 705 121% ~ 1514 124% 1716 1514 113 672 03104 04105 L -- 05106 1514705800 1t0%1t~%':~79 105%__17 ~ 822 43 2484 ~ ~05 809 102% 832 00~ 103% I c~,o.m ..;.,.,,c. u., ~.~,~..;. In this CSA with c.plLd F~llOk~ Pi.n, Ch~,, 4, Planning Zonee 04 mhd 08. ~lala~a Elamenla~ 2025 2026 High 8chpolm 2500 81% I 2434 2500 97% 2500 81% { 2434 2500 97% To rac. dve enr~ fetid wBh Ilia ope.,dng d ihe new West paha To receive en~cglme~ relie! wilh Ihe of~ning of Pmilant Clly (98- N) m 2002, To racelve ~ e~ent mllaf with Ihe opening el Ihe new Okeed/t~aee COnli~ Elemenl~y (96-D) in 2004. New Central WPB Area High (~5.JJJ) ~2% 596 705 85% 35% 355 970 37% 70% 1763 2464 72% 2514 2500 101% 2514 2500 101% Open In 2003. CapacOy 2500. h Okeacholal Corridor Elamentmy (964)) Open In 2001 aa a holdlng ~c. hoel fo~ olhe~ ~J~x~ls peing modernized, Openln2004 tore~eveacheM~ Mnelghtx~ingCSAs am nee~. Cal~Y4~ 970. Enrollment numbers based on F Y20001- FY2005 Five* Year Plan of the Scbool Disbict of Palm Beach County rcONcuRRENCY sERvICE AREA 14 SCHOOL NAME I ~ I d. '": ~ ~ --' ~ I ~. I -..: aefkshk'e Elememary ~.0 Teylmfl(bldau Elemofltary Ftigldand Elamenlmy dm 9pflflgs Elomemmy ~ Grade Element~q, ~oulh Olive EMmenlaly ~ou~ Gredo Etemenla~/ Total Elementary ~eff~so~'Oe~ii'Midme [akl Wmh M~ Total Middle 913 1128 960 680 5~ 803 6830 674 135% 9973 129% 8499 35% 594 114% 7260 72~ M2 126% 796 iO'A 626t 11t% 065 ~t082 016 683 781 641 038 8906 674 128% 688 673 124% 1095 646 96% 812 594 116~- 790 09% 700 692 123% 040 700 106% 669 6261 1t2% ' 6791 674 102% 873 648 66% 709 594 119% 790 100% 602 123% 796 109% 6251 t10% ", I '1,~99 :1220 126%~ ~ i676 1226 137% 1745 1228 I ~t03 26t0 t~I 3306 2610 126%I 3368 2it~ ~ I ~8 1~6 161% ] 3191 2702 1i5% 3122 2782 112% T~lHIgh 14~s "~i~ 4i~.1'-48~0 4376 1it% 4816 ~376 t1~%142~0 Cross Mbm~e b schools In ~ls C~ ~Jh ~'~l~l~iG~"P~b'fi,~er ~.Pi~Jng ~ones 07,08, and ~ Middle Schools · 03/04 I o~/o5 J ouo~ I 074 *07% 823 848 97% 736 694 818 790 lo4% 755 -- 8~0 94% 860 796 111% 5~27 6369 tb~%: 656 674 97% L 645 674 96% 880 P~73 ~/ ~ 873 -'-I00~ 643 848 ~1' 846 848 080 .70 070 820 T9~' 104% / 821 790 ?55 800 94% /- 769 800 656 790 10~1~a72 ~2 ~745 10d% I 6830 790 110% 67499 101% 11'7% 1384 1391 98% I 1313 1391 04% I 1334 1391 ~% 1228 f 14~[~ ~1f176 1228 'i~0~ I 1339 109% - 1326 1226 108% 120~.r 2'860 2619 109% I 2652 26t9 10t% 2663 2619 t02% i60,1 lb6% I 1842 1800 i02% [ 1830 1800 102% 2782 96% [ 2404 278~ ~-I 2492 2782 90% 4~76 '~7% I 4246 4682 93%I 4322 4562 94./. Berkshire Ekm~niAP/ ~ Elem~elmy (K) I~ 2002, C.O. TaylodKbkJlnd Ehlmantmy Palm 5pflngs Eiemonlar/ _o.__o~'f_.lflzatkxtcomp~oladb12004. NOWCOpa~iy 970. South Olive El~menla~ Jefferson Davis Middle Cake Woflh Middle HIoh Schools Foraal HI0 Hlah Lake Worlh High ReCeive entailment relief with opening o1 West Palm Beach Area Middle School (98-EE) In 2003. 1~o mcaive e~mP!ment~iel from La,lena Middle School in 2003 ' MOdemzatoncompeed'n2004 Newcapac0y 1800 ~ ~dditian iff 200~, NeW ~pa~ y 2782 To r~ive ,. ~flmllment relief in 2003 capacity may occur at any lime. Em t numbers based on FY20001. FY2005 Five-YearPlan of the Scl, ~st~ict of Palm Beach County CONCURRENCY SERVICE AREA 15 SCHOOL NAME Herilage Elemenlar/ Mew W.P.8. ElemoMay (57-K) Total Mew W.P.B. Area Middle (M-EE) 00/01 I 01/02 1126 561 1200 3673 1671 t671 683 165% 1122 652 86% 544 802 160% 1393 070 t04% 564 6t07 126% 1270 123% 1216 123% 2616 113% 663 652 802 D70 4043 3107 1547 1278 1647 ' 1378 I 02/03 157% 87% 136% 102% 65% 852 t07% 4693 120~ [ 1301 120% 2260 164% 1073 663 63% 565 652 174% 1113 802 101% 992 970 627 970 130% 4370 4077 121% 1533 1278 121% 1633 1278 2610 '129% 2659 26t6 t29% 2659 1O~/~ I. L~d High 2950 3291 2616 126% 3363 Total High 2950 3291 2616 t26% 3363 Cross ..:..;..,,e lira schoola In thio CSA with Capital FaclHfle6 Plan, Chapter 4, Planning Zones 06. 1075 970 J11% 1044 970 106% 1034 970 107~ 557 652 $36% 1004 970 104% 0~95 9~-"1~-%~ 795 802 99% 789 602 95% 519 602 984 070 -I0~- 978 970 101% 974 970 1~% 970 88% 947 97~'- 98~-- ~8 970 1~% 4364 105% 4762 4682 102% 4790 4682 102% 1278 102% 1167 1278 93% I 1221 1278 13~ 74% 1281 13~ 99% I 1335 1300 103% 2576 68% 2468 2618 96% 2556 267a 69% 2616 102% 2570 2616 96% I 2620 2616 1~% 2616 102% 2570 2616 98% ~ 2620 2616 100% Middle Schools LIIxfly Park Eiomentav/ New W.P,B. Ebmlnlal~ t57-K) bach Ama Elementary Sc~ooi (57-K) in 2002 and mo~oc~zalmn/addiUon comldMk~ at Gt'eenar~ee E~w~q ~ 2004. Okeeheelee Middle New W.P.B. Area Middle (58-EE) High Schools John L Leonard High WeM Palm Beach Area Middle tEE) in 2003 relief to schools within Ibis and neighboring C~A~. To race ve enr~lmenl relief with the opening of the New Centnd WeslPalm Beach Area High Scho~ (JJJ) in 2003. capaclly may occur at any time. page E/)rolht)eot oombers based on FY20001- FY2005 Five-Year Plea of lite School District of Palm Beach County 16 $/22/2001 2655 243t Panther Run Elem~nlAly New Welllnaton Area Open in 2001. Capac~ly 970. · The program lfld boundaly adJutlmenll nlcelllly lo afflcUvely utilize Middle Schools Wellington Lendln9,~, To receive enrollment relief with the opening o! Acreage A~ea Middle Middle (HH) ~ 2004 Hloh Schools Wellington HIDh the 0Ge?~g of Ihe New Cenkal Wesl E/h t nuetbers based on FY20001. FY2005 Five-Year Pla. of lbs Sc, CONCURRENCY SERVICE AREA 17 istrict al Palm Beach County . $/1/2001 00/01 01/02 02/03 03104 04105 05/06 SCHOOL NAME 705 739 95% 617 739 125% Baden Elemenla~ Clime Cove Eie~ 1475 774 Crystal Lakes Ebmemmy 990 790 InOiae Pk~ee Efemonlmy 964 788 Lanlana Elemaeaw/ 714 g26 604 Eol~g G~ee~ Elemenlmy ~3 ~2 14~ ~0 ~ 1466 1243 1~ L~ ~Re~nl (9a-OD) ~e ~1 ~6~ 8~ To~I Middle 2336 17~ t~% 2138 3512 24~ 141% 2~13 1034 Total High 35t2 2466 4777 4986 96% 4907 4986 Crmlg reference the teheoie In this CSA with Capital Facilities Plan, ChJpta~ 4, Plahfilno Zones 09. t 0 and 16. 83% 606 739 82% 639 739 66% 643 739 87% 656 739 89% 191% 1559 774 201~ 886 774 774 108% 834 774 IO8% 653 774 941 790 119% 814 790 103% 773 790 767 790 100% 614 790 103% 903 769 117% 655 769 115% 901 769 ~' 904 769 919 970 95% 626 96% 592 626 95% 605 626 97% 614 626 615 620 96% 602 140% 668 602 111% 620 602 625 602 104% 625 602 965 917 965 95% 061 965 990 965 103% 1016 965 105% 816 970 923 970 939 970 97% 938 970 6265 12t% 6235 100% 102'/, 6436 8436 1243 1327 1243 1329 1243 107% 1320 1243 106% 1345 1243 501 166% 026 501 165% 1069 10oo 107% 1087 1000 109% 1058 1000 106% 1744 123% 1744 2243 2407 2243 2403 2243 2488 114% 2683 2488 107% 2700 2488 109% 2738 2488 110% 2748 2488 2~00 77% 2244 2500 90% 2324 2500 93% 2500 t00~. 2489 ~-' 6024 4988 101% 6247 4968 5237 4988 105% C~jalal Lakes Eisemntafy Indian Pines Elemenlmy E~eme~y (I) m 2OO2 Middle Schonls Challis McAullffe Middle Lentans Middle Replecement (08.DO) Hloh Schools Santalucss High Modernization completed in 2004. To receive enmlknenl relief wdh lite ope P,i r~ o1 Ihs new [~oynlo~s¥ ~'ea Elementmy (I) m 2002, New Boynton Beech High (91-1110 Open m 2002, Capacity 970 Elameell~/(81-M) · The program and boundary adJuslments neceeea~y to eilacUvely utilize capacity may Occur at any time, To receive emollmenl relief with the opening of Boynton Beach.a~ea Hi. Ih School~[ll} In 2001 Open in 208 ! Capacil¥ 2500 Enrollment numbers based on FY20001- FY2005 Five-Year Plan of Ibe School Distticl of Palm Beach County CONCURRENCY SERVICE AREA 18 Total Etamentaly IVu~,M=~_ CMamunily Middle Total Middle Cross reference the echoole In thle CSA with Capital Ficllittal Plan, Chapter 4, Ptannln9 Zones t0, 1648 t946 ....... ~"'~: .............. ~"~'" ......... 1650 1443 114% I 1695 1-725 .~4~1~ 1~2~4~ 11575 1443 1~% 1605 1443 i11% 1606 .................... ..... I 114% t695 Middle_ CMal Reef Elemllnta~/ 1443 1o46 105% 1443 117% I 1710 1443 119% 117% 1710 t443 119% To recMv~ W rekf hah tbe OlXflmg of tbe new Beyak]e~ekay NM Eknwday (M) in 2e02. Woodlifldl Communl~/Middle A TechniCal Advleo~y Group (T A.G.) schoc~ capacity ~ludy will be undedaken pdor to 2004. To receive enmllmen! relief with schools in neighboring CSAs by 2004, Notes: · The progrant IRd boundiw adjustments necessary to effectively utilize cai)iciLy may occur at any time, .umbers based on FY20001- FY2005 Five- Year Plan e! Ihe Scl, istnct of Palm Beach Courtly CONCURRENCY SERVICE AREA -.c.ooL.A.,, la la I I'" I o3/o4 .~ I o4i05 t o~lo~ I 634 7O9 523 695 619 112% 290~ 88% 2652 1375 1344 ?~2% t318 1344 102% 2852 1147 163% 542 713 76% 922 76% i7o,-i Middle To~ H ah Cross mfem~ b sch~ll in thl~ CSA ~ Ca~ F~III~ Plan. C~p~r 4, Plannln 2906 91% 740 1300 68,% 1766 2644 67% 2133 t747 122% 2133 1747 t22% 693 619 112% 653 652 100% 536 713 75% 718 922 78% 900 970 03% 3498 3876 00% 1011 1344 ?5% 923 1300 --71% 1834 2644 73*/, 2176 1747 125% 2176 1747 125% 558 713 78% I 578 713 "~% I 622 713 87% 710 922 -~, 707 922 ~1 77% 723 922 78% mlO 070 ~J3~ 870 t~e 070 to0% 3M7 3876 93% 683 3876 92%I 3676 3876 96% I~ 1344 75% . 1014 1344 75% ~ 1021 1344 76% 1015 13~ 76% 1013 13~ 78% I J006 13~ 78% 2019 26~ 76% 2027 26~ 77% 2029 26~ 77% 2212 1747 127% J 2467 25~ 99% I 241~ 25~ ~% 22t2 1747 127%I 2467 2600 69% I 2411 2500 96% Zones tl and 18. Middle Schools Elemflta~/(O94) CongmH Community Middle Hew eoyfltotq/~elre¥ Area Middle (96-58) Hlah S~hoole BecadDehay Area Middle School (BB) in 2001. Open in 2001 Capacit~ 1300 Atlefltlc High Boyn!0n Beach Area High School (Ig) in 2001. MOdbmizalion COmpleled bl 2004. New capacity 2500. Enrollment numbers based on FY2000 I- FY2005 Five- Year Plan o[ Iho School District of Palm Beach County CONCURRENCY SERVICE AREA 20 1022 777 132% 1045 777 vlodkaml Pad< Einme~lmy 967 1025 96% 992 1025 630 1034 01% 1034 703 '/26 724 725 Plumose Einmenl~/ 583 071 07% 566 671 S.D, Spad¥ EleomMmy 461 441 109~ 593 441 Y 214 490 325 490 ~1~ ~8% 6224 5188 02/o3 o~/o~ o4/05 134% 765 777 96~ 722 777 93% 741 777 742 777 97% 999 1025 97% 1003 1025 98% 1016 1025 ~9-~~ 1025 103% 9~1% 992 1034 96% 1034 1021 1034 1028 1034 69% 703 728 97% 711 728 720 728 99% 724 728 99% 64% 559 671 551 671 545 671 6~ 562 671 5208 5325 98% t377 80% 1088 1377 79'/, 1377 lC";"'"- 1711 1377 ew 1226 1377 66% 1377 Total =:.:.::- 1711 1~7~' 124% 1226 1377 69% 83% 1t0t ~r_'~_ _" ..;.,.,,~4 the ~-r h _,:~._- In this CSA with ~:~_:::_' ~': _;:"-'-' 3 Plan, Ch&~,., 4, ~';~',-.;-u Zones t1,17 and 16. Middle 6choo~ (BB) in 2001. 78% PIIM Grove Elamelamy S.D. Spady Elamentmy Village Academy Elaine#rely · Tim pL'ogrem efld bounde~ edJue0nenls flecaiser/lo elfecllvety uU6ze capacity my occur at any tints. Ertl II/)unlbers based on FY20001- FY2005 Five. Year Plan of the Scl, CONCURRENCY SERVICE AREA 21 $CHOOL NAME )ist/icl of Palm Beach County ....... ___ --% -,~_ ~ ~/u 89% 678 779 87% - 870~ ~-- ;~: - ~'~ I~% 789 7~ 97% 7ca 790__1~ ate --~7~ i~% ~ ~ i ~ 741 750 -- M% 612 759 107% 823 759 108% 8~ 759 1~% 8~ 759 1~% 827 759 109% _.[~. __ 1_~.~ 76%.~ 017 tO~ 7e% e29 1050 79%- ~ 1050 e2%_ 942 ~1°5° 90% -~5~ 1050 ~ To~I E~mn~ 9244 ~203 41~- aa ........... ~ -.._ 10~6 9~q 105% 1028 970 cI~IN my ~cur il IR Urn. CONTINUED ON FOLLOWING PAGE Enmllmen! numbers based on FY20001- FY2005 Five-Year Plan of the School District of Palm Beach County SERVICE AREA 21 (Continued) CfOll flllmflca the echOOll In thll CEA with Capl~l F~III~I P~n. Chapter 4. Planning Zo~l 12,13 and 14. Addilon Mlzfllt E~mlfl~ To ~ve ~efll fN~f Mth ~ m~za~ of B~ Ral~ Eaglet Lafldln0 Middle E~ · ~2. Boca R&ton Elementsv~ Mo~l~Plzegod% comp~aled bt 2002. New capacity 490 Loggerl Run Middle Cora-I $'u~ihi Elementary th~a Ax~a EMeteflla~ Scheo~ (H) bt 20or. Omni Middle Del Prado Elenmnlmy To iec~AFe e~'ollmmd relief wilh the operdng of the New West eoca Nel ElemenM~/Sch~l k 20gl. New We~t Boca Retort Area Middle (99-GG) EMmenta~ tgi-H) t0 ~,c~v, mo,m.., relief with the o~enlng gl the new West Boca Ama Elementao Scflcal (H) bt 2001. Area EMmaallv/~ tH) bt 2Q01. HI_ah Schooln Boca Re,on High Olympic Heights High SplnlJh. RlgtrHl{iti:: The program end boufldeL~ adjultments imcaelmy to effectively utilize To receive enrollment relief with the opening of new Boca Ralen Area middle school (GG) in 2003 To receive enrollment folio[ with the new Boca Retort Nee middle school (GG) in 2003 : J~b~lem~zat mn completed In ~003. New c~pacity 2500. - To, ~-e~eive ell[~lment re)ia f ~ilh the opening E, ~ ]lnumbers based on FY20001- FY2005 Five- Year Plan of the $, Ystdct of Palm Beach ~ ~y'"oun,- / I~ONCURRENCY SERVICE AREA 22 - No schools --- Z-~ ,,40 laUU 76% 1121 1500 75% 1114 Crolta: ra faNil~i~lhd echoole In Ihll CSA with Capital Facilities Plan. Chapter 4. Planning Zones 15 and 16. Evaluale ~gram mlven ~pace nam:Is and develep a lang-range plan to reduce relocala~4 use, Pehokan Elemefltmy (K-~) * Thepr°g~amandbounda~yadJualmedtsnecellaaytoeffectlvely utilize Capaclly may occur at any time, Enrollment numbers based on FY 2001 -FY200$ Five-Year Plan of the School District of Palm Beach County ALTERNATIVE AND SPECIAL SCHOOLS 00101 01102 02/03 03~04 04105 NAME ' ~ -: --' -: = - & --: ,-; _. - cL Inlel Grove (Nodh Tech Ed, Ctr.) 235 595 39% South Technical Education Cenler 385 584 66% ~/~t Technical F~u~'~'io~'en-~-er-- ~ 163 4,16 99% Total Ed Tachs 783 JI ~ [7-12) 201 300 67% Lakeshore Annex F~oosevell Full Sewice Center 362 64%* 63 [6-6) 89 300 Choice 96 '250 · Schools 1,028 149 300 50% 30% Ilndian Ridge School (E.S.E.) .... ]._ 1~2~8 151 ,oyaI, Pa,, I =00 The special, alternative, and supple~ntal educational pr~rams are disb~t-w~e. The numar of students sewed, where they are housed, and integra~on with the regular pr~rams are all choices driven by District ~licies and budgets. IStudents in programs not based in School District Facilities: 728 /W -" ~age 20 PUBLIC SCHOOL CONCURRENCY Support Documents APPENDIX B Enrollment Capacity & Capacity Shortfall / Surplus for Years 2004/05, 2009/10, 20191 THE SCHOOL DISTRICT OF PALM BEACH COUNTY ENROLLMENT, CAPACITY AND SHORTFALL/SURPLUS FOR YEARS 2004105, 2009110, 20t9120 Elementary 2009 2010 MID RANGE 2019-2020 LONG RANGE otal enro Iment Inc enrollmenlcapac~!ty ~homHI/!~lrplu~ Ilen~;oilm~nt.lcapaclty Ishortfnll/surplu_sllenrOI!m~ntlcapaclty Ishortfalllsurplus ~ ;75;7. Oil V ~'77 g~$'t 2;217 . .... ~ 85;594 1 84 71'5 1 -87911.. 99 3101~ 101 ~'05 , 1 895il,, 23602 Capacity Increase as eltown includes 7 new elementary schools by Il 2009/2010 and a~3p=x mate y 17 new · ement,~ Schools by 2019¢020 for Ion!~ range proiect ohs. II Midrll~ 120044)5 ........ ' 1200r~2010, MID'RANGE ~2~019'2020 LONG RANGE Jtotal enrollment Inc Jel)m~.?~!-.-_?~l~ shortfell/!urplue JJenrOllm~{'J~i'll~J~IIJ~ ]ih'O~alt/,urplue J~nroll~e.t capacity IshomalUeurplu, I/ ' ';::~ ~-'~ i~ 40114 '39051 1063 46227 45551 -676 979 I 3~3~ 3~,~q .... ~o II .............. I r,.,l -II I I I/ Icapacity IrC'ease as ~hown includes 2 new middle schools by II 1 2009/2010 and a p~*ox matalJ/.5~mdde schm)~ Is bY 201912020 for long range proiections*......... II High 120~44)5 I~.OO9.2OlO MID-RANGE 112019-2~320 LONG RANGE I[total enrollment Inc I lenmi~,lc,pic~ty - lhbrtfifl/i{~rPlUe' :ll~Ui~i~nt:l~aPia~ ' ISho~al~.Urpius ~nml!ment CapaCl~ sho~alllsurplus ~ I I 43,~1 42676, I -388 ....... ~. *;48311.; I ' '47676rl ~3511 56561. ICap~l~ I~ease as ~ I~s 2 ~w high scn~m Dy ~ I 9~010 a o~matal 4newh hs~sb ~019~020forlon ran eprojections. II t2~ ~ ~ 9- .~ ~~, ., · ITOTALENROL~ENTINCREASE 2~2020 468961 ~PUBLIC SCHOOL CONCURRENCY Support Documents APPENDIX C (Under Separate Cover) School District of Palm Beach County Fiscal Year 2001- 2005 Five-Year Plan and Fiscal Year 2001 Capital Budget, June 2000 PUBUC SCHOOL CONCURRENCY Support Documents APPENDIX D Jurisdictions Required to Participate in School Concurrency 1 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 1'6. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. PUBLIC SCHOOL CONCURRENCY Appendix D JURISDICTIONS REQUIRED TO PARTICIPATE IN SCHOOL CONCURRENCY (1) City of Atlantis City of Belle Glade City of Boca Raton City Boynton Beach City of Delray Beach City of Greenacres Town of Haverhill Town of Hypoiuxo ToWn of Juno Beach Tow~n of Jupiter Town of Lake Clarke Shores Town of Lake Park City of Lake Worth TVown of Lantana illacle'of NOrth Palm Beach City~,,~ Pahokee To~n of Palm Beach Shores Palm Beach ~gton (1) s, 163.3t80{t 2)(f) ndicates the conditions upon which a municipality is exempt from participating in the Inted0cal Agreemeni; for School Concurrency. Based on th.ese chteda, .mun~ipalifies not listed above are exempt from ~ciPating ig school concurrency. The rule reads as follows. j~f) Intergovernmental coordination.- requirements ~ intergovernmental coordination set forth in s. 163.3177(6)(h)1. and z., except municipality, is not ~uM to be a s gnato~/to the in.tedocal agm. ement re~,ui.md prerequisite fey im~n of school concurrency, aha as a non sign ,a~..~, sna, ..no[.pa,~pa.~e oca school, c~)ncuiTency system, if th~ mur!!d_n=_liN meets all of the TollOWlno criteria mr having no impact on school attendance: a. The muniCi~ has issued d, evelopment ordem for fewer than 50 r.~denfial ,~..elli .ng u?it~. ~u_ri.r~_ ~t~..e. preceding ~:~rS,ior b'le municipality has generated fewer than 25 aaditJonal puo.C scnoo! szuaen~s =unng the preceding~ years. b. The mt.micipar~, has not annexed new land during the preceding 5 years in land use categories which ~3ermit raside~fial Uses that will affect school attendance rates. c. The municipality has no oublic schools located within its boundaries. d. At least 80:percent of tile developable land within the boundaries of the municipality has been built upon,~ PUBLIC SCHOOL CONCURRENCY Support Documents APPENDIX E School Attendance Zone Maps N P&RE GIS PUBLIC SCHOOL CONCURRENCY Support Documents APPENDIX F Additional data and analysis and population projections provided by the School District of Palm Beach County ENROLLMENT/CAPACITY COMPARISON HISTORIC, PRESENT, & PROJECTED TRENDS Elementary Schools Middle Schools High Schools Totals Year Enrollment Capacity~' Enrollment Capacity1' Enrollment Capacity'f Enrollment Capacity~' 1994/1995 64,147 49,073 27,319 22,162 31,683 30,854 123,149 102,089 1999/2000 70,227 61,965 34,768 28,246 41,562 35,427 146,557 125,638 2004/2005 75,708* 77,925* 36,431' 36,451' 43,064* 42,676* 155,203 157,052 2009/2010 85,594* 84,715' 40,114' 39,051" 48,311' 45,551' 174,019 169,317 2019/2020 99,310' 101,205' 46,227* 45,551' 56,561' 57,676* 202,098 204,432 Note: Projected FISH Capacity Th~ etii'011m~i~t pr6j~ctions above are taken from a table titled ~l'he School District of Palm Beach County Enrollment, Capacity, &$h-iirtfall/$U~plusfor Year~ 2004/05, 2009-10, 2019-20'as found in Appendix B of the Public School Concurrency Adoption Public Hearing Notebook, Enrollment projections ure updatedannually and thus subject to change. The figures above demonstrate the School Distficfs lflstodc, presenh and projected trends in enrollment as well as capacity provided by the School District's Capital Improvement Plan. This table is in accordance with the provisions of Rule 9J-5.025(2)(b)(c), F.A.C. i i:~DATAXWP51 ~}OC~ItFI X'~I I$C'XTAil LE2.W PD 250,000 200,000 ~ 150,000 '{ 100,000 e Enrollmenl · -~ Capaci y School Year 201912020 120,000 t00,0 --.e-- Enrollment I -'11- Capacity J 20,000 50,000 45,000 40,000 35,000 25.000 20,000 10;000 5 O- School Year I--~- Enrollment ~--~- Capacity 2019D020 70~000 30~000 20 0~0 ~ EnrollmentJ · -al-- Capacity J School Year 201912020 F,I.S.H. .CAPACITY lO,TS3 11.277 tl,6Ol IL,SS7 11,326 11,S00 11,789 II,S~ It,5~ I1,~$ ll,91l tl,7~ IO,~ 10,$33 11,4~ ti,7~ II.~O Il ~S ll,7~ I 1,9~9 11,161 ll,Td I 12,016 t~,~3 10,459 JO,SI6 tl,Ol7 II,~l H,Id6 11.955 11,911 I1.~0 12,126 II.~ iL,~ 12,183 11 ,~1 lO,S~ 1O,~ 11.2~ ; [1,8~ 12.~ 12,O~ i2,os9 2,~ 12,3m ~,io3 iz, 103 10,2~ tl,14$ 10.7~6 0~ 11,334 tl,~ ~,2~1 12,t~ 1Z,24~ 12~S 12,~6 12.~9 9,9L1 10,4LI 11,4~8 II,t~ It,~ 11,6~S 12.151 12.6~ 12,~9 12,~ t2,~19 i2.8~ 9.~ 9,~4 ~0,699 II,SII II,~S Ih411 I1,1~ 12,462 12.~14 12,~1 ~2,~1 12.~ 9,olo 9,6~ 9,~ io,sn 11.~25 11,133 ll,43s 11,7~ i2.3~ 12.6~ 12,5~ t2,~ 10,$~ 11,411 11,74~ ll,l;4 12,696 3.~3 13,~49 ~4.016 14.416 I$,i~ 13,~ 5,~21 1,4~ 9,1~1 9,~1 10,319 ti,"5 12,383 12,137 12.~ 12,~ I~,~ 13.~ 13,~ 6,2~ 6,749 7,~3 7,~3 7,518 ~,S~ %385 9,D3 9,~ 9~11 9,~S9 10,~ t~,~ 129,2~ 132,1~ I~,~ 141o733 145,1~ 149,180 l~2S l~4,J0l tSS,~i 1~,743 l~9,~P C.~ 68,435 69,4~ 70~598 71,411 71,671 71,110 71,902 72,236 72,269 Prd~4 64,~9 66,141 67,017 a;,9~ ~214 ~-U 1~3~ 129~a7 D3rS~ 138,324 14IL,~3 14S.l~ 149dM I'~,S~ --{~,101 ISS,~I 157,743 159,~0 ~lZla~ m m 't? ' 1,192 113 260 139 9.J2 ~,4~ 4,~0 ~,~ I.~6 ~6,761 '~ ,~ 1.2~ ~cK-t2 Department Educa on Tom OallaDher Commissioner Florida Department of Education Dezember 4, 2000 biz. Bruce A. Harris Interim Chic fCotmsei to Palm Beach County School Board Suite C-302 3318 Fore~_t,Iill Boulevard We~'c Palm Beach, FL 33406-5813 Rc: Rami{i~ons of S e~'tion 235~ 157, Florida Stetut~s In:te~ponsezo you~ inquiry of N'ove .umber 1,2000, .c~c~. kl~ in?a~_, of S.e _~i_'~on .235~..77, FI .orig.. Smur~es, ~nd new SR~F rule~ on'pending deSzgrm, consu'ucr~ou of~w schools aaa s~noois wnn,n a sc .uooi before July'Z, 2003, we ~vlse as follows: via ~'~ observe th~ lau&ua~: t~ .S~.ou 23521~, Florida S~, rel~ m ~l~ ~ ~:(1) ~ ~ mo~ ~ ~ ~; F) middle ~h~ ~ ~ff?~ s~; ~) ~ ~h~l~ mo~ ~ ~0 ~; (4) ~4 ~no mo~ ~ z~ smaea~ ~ t ~) ~-12 s~no ~m ~ ~0 ~d~. Aeootdingly, it sppea~ the atwazr ta your quesgon.isIhat pfio~ w J~ I, 2~3, ~my ~ ~ law ~ m ~ue ~ ~ ~ ~h~b b~ o~ ~ ~ ~h~ w~m ~a, m~ survey and five-year wonk programs should mo r~,e. There will be afl impac~ on the de~i~n of schools whose m~hi~-turaicont~ ~uly i, 2003, uot prior to ti~ date, Sincerely, DA/ira are entered into after 1701 - Thc Capitol -Tallaha.ms~- Flo~da 32:399 -({50] 4S~-7707 * FAX (850) 921-5775 hfl~.Y/www, fim.edi]/doe PALM BEACH COUNTY SCHOOL DISTRICT GROWTH SUMMARY hI:~OATA~C O NC RNC2~TAB LESSEN RGRVVTH GR~DE LEVEL S~I~Ii~¥'STA~E AN~PA[~M BEACH CP~NT~ SCHOOL DISTRICT PROJECTIONS PBC 75.424 44,429 2,675 H:~tDATA~;ONCR NC2~TABLES~EN RSU MM PUBLIC SCHOOL CONCURRENCY Support Documents APPENDIX G Index of Statutory and Code Requirements and Corresponding Goals, Objectives and Policies (GOP=s), Data and Analysis and Maps APPENDIX G Public School Concurrency Index of Statutory and Code Requirements and Corresponding Goals. Objectives and Policies (GOP=s), Data and Analysis ,and Maps. Element Page(s)/ RUle 9J-5,F.AC./Ch. 163, GOP=s / Data and Analysis Appendix/Table/Map F.S. Index Rule 95-5,025(3)(a), F.A.C. PSFE Goal 10A Public School Facilities Goal: ConcurrenC3~ Public SchOOl Concurrency Element, Page 10-1 'Rule 9I-5.025(3)(a), F.A.C. PSI:E Goal 10B PSFE, Page t0-10 Goal: Coordination School Facility Siting & Development ~oordination Rule 9J-5.025(3)(b)l., F.A.C. PSFE Objective 10A.3 PSFE, Page 10-9 Objective: correction of deficits 6-Year C~pital Imp. Schedule and future needs Rule 9J-5.025(3)(b)2., F.A.C. PSFE Objective 10A. 1 PSFE, Page 10-1 Objective: LOS Lev61 Of Service Rule',9J-5.025(3)(b)3., F.A.C. PSFE Objective 10A.2 and Obj. PSFE, Page 10-9 Objective: Financial feasibility 10A.3 Facilities Requirements and 6- Y C! Schedule Rule 91-5.025(3)Co)4., F.A.C. PSFE Objective 10B.2 PSFE, Page 10-11 Objective: LU coordination ~Igtergovemmental Coordination I Rule 9J-5.025(3)Co)5., F.A.C. PSI:E Objective 10B.I PSI:E, Page 10~10 Objective: Coordinate with ' School Facility Siting ~ supporting infrastructure Rule 95-5,025(3)(b)6., F.A.C. 'PSFE Objective 10B,1 PSt:E, Page 10-10 Objective: Collocation of public School Facility Siting Caeilities RUle 9I-5.025(3Xc)1., F.A.C. PSFE Policy lA. 1.5 PSFE, Page 10-7 Policy:. Establishment and CSA Tables PSI:E, Page 10-12 / 10-19 modification of CS,as CSA Map PS 1.1 Support Document Appendix A Map Series. Rule 9J-5 025(3)(c)2., F.A.C · PSFE Policies IOA.3.I and PSFE, Page 10-8 and 10-9 POlicy: Coorttlnating CIP I 0A. 1.7 Rule 9J-5.025(3)(c)3., F.A.C. PSFE 10B.2.4 PSFE, Page 10-I 1 Policy: Annual update of pSFE 10B.3.1 PSFE, Page 10-12 PSFE 10B.3.2 PSFE, Page 10-12 City of Boymon Beach School Concurrency AmendmentS AmendmentS 01 -SC 1 September, 2001 Support Documents Ordinance No. 01-00 Rule 9J-5~F.AC./Ch. 163, Element Page(s)/ F.S. GOP=s / Data and Analysis Appendix/Table/Map Index Rule 9J-5.025(3)(c)4., F.A.C. PSFE 10B. I.6 PSFE, Page 10-I 1 Policy: Collocation w/pub PSFE IOB.2.5 PSFE, Page 10-12 facilities Rule 9J-5.025(3)(c)5., F.A.C. PSFE 10B.I.5 PSFE, Page 10-I0 Policy: Coordinate support infrastructure Rule 9J-5.025(3)(c)6., F.A.C. PSFE 10B.2.4 PSFE, Page 10-I I Policy:. Long Range map w/ FLU Rule 9Jo5.025(3)(c)7., F.A.C. PSFE 10A. I.1 through 10A. 1.4, PSFE, Page 10-1 through 10-7 Policy: LOS Tables 1.1-I and 1.1-2 Support Document, Appendix A CSA Tables Rule 9J-5.025(3)(c)8., F.A~C. PSFE 10A.2.2 PSFE, Page 10-9 Policy: CSA adjacent capacity Rule 95-5.025(3)(c)9., F.A.C. PSFE 10A.2.1 PSFE, Page 10-9 Policy: Mitigation Rule 9J-5.025(3)(c)10.,F.A.C. PSFE 10B.1A, 1015.1.5, PSFE, Page 10-10 Policy: Site/LU compatibility Rule 9J-5.025(3)(c)11.,F.A.C. PSFE 10B.2.7 PSFE, Page 10-12 Policy: Emergency coordination Rule 9.1'-5.025( 1 ), F.A.C. Support Document Support Document, Page -20 Definitions Rule 9J~5.025(4)(a).,F.A.C. Map PS 2.1 Map Series Map: Existing locations Rule 9J-5.025(4)(b).,F.A.C. Map PS 3.1, PS 3.2,PS 3.3 and Map Series Map: Future conditions PS 3.4 Rule 9J-5.025(4)(c).,F.A.C. Map PS 1.1 Map Series Map: CSAs Rule 9.1-5.015, F.A.C. Interlocal Agreement Interlocal Agreement Intergovernmental Coordination §. 163.3177(6)(h)l.and 2., F.S., Interlocal Agreement Interlocal Agreement Intergovernmental Coordination PSFE Obj. 10B.3 PSFE, Page 10-12 §163.3177(6)(h)l.and 2. F.S.; PSFE IOB.2.1 PSFE, Page t0-11 Interlocal agreement Interlocal Agreement lmerlocal Agreement City of Boymon Beach School Concurrency Amendments Amendments 01-SC 1 September. 2001 Sul~rt Documents Ordinance No. 01-00 PUBLIC SCHOOL CONCURRENCY Support Documents~ APPENDIX H (under separate cover) Interlocal Agreement CAPITAL IMPROVEMENTS ELEMENT Addendum to SUPPORT DOCUMENTS Minimum Level of Service and Minimum Level of Service Standards: 9J-5.025, F.A.C. establishes rmmmum criteria relating to the Pubhc School Fac~hties Element~ including adoption of~a level of service standard. These are found in the Capital Improvements Element policies 9D.l.1 and 9D.1.2. Applications for a Development Order~or Permit: 9J-5 016 F A C and 9I. 5 00~5 F an a~equate cgn.~urran~y ~ge~t syst_ein will be~implementexi by the local government. This policy reqm~es an a. pphcan.t, f0[.~ Development Order or Permit} which may umpact the Public School Facilit/es [evel 0f ser,a~e, to obtain the appropriate approval by',the Sch°°l District. Exccpti0r~s are duly noted, to take into account ex, Sting single hmily legal lots o£rec0rd wl~ich were exemPt ~rom conCUrrency rev/ew; and CIE Policy 9E.2.1, which upholds prev/ously vested fights. The School District of Palm Be~¢h County~has cr~a.t, ed g concurrency SeCti0n to evalqate ifa developmen~ application will be able to meet and maintai~-t~ publ/e s6hooi facility level of serv/ce. C(mcnr r e~ ~Y~ :~r~cedure~ ~LS.025(3){9)8,~t~.A,C., prohdes information relating to when d~geloprn~:~ p~d~-anc!,~es that if~¢°ncun-~.y:setZvice areas (CSAs) are used, then development c~ prOc~e~!~e ~yel~0~semc¢ standard is eXCeeded fora Projec/, but capacity exists in one or more contiguous school ~0ncur~ency serv/ce are~. - Constrcction appropr/a~¢ons specified with/n the first three years of the adopted School District of Palm BeackEotmty~s Six year Capital Improvement Schedule are Considered by the Schobl District to be assure~ congtruction for that particular facility. In the alternative, in those instances Where a developer choose~, to mitigate.and~pr0vide the.necess.ary public school facilities, sufficient assurmmes must be made to the Sch0o!.Distr/¢t of Palm Beach County. to ensure the facilities will be in pla~e/undet COnstraction within 3 years after-perrmt issuance, per {163.3180(13)(e), F.S. The tchool District shall mainta/n the which establishes :the ~ervice for school fac/lilies. [he Tabh ;chedule: Per 9I-5.02 and the Date:October, 2001 CIE Support Documents Ordinanoe No. 01-00 conjuncuon with the School Board. The addition of this new table provides detailed analysis of the School District of Palm Beach County public educatmn facility expenditures and revenues. The table is provided by the School District of Palm Beach Coun .t.ty. for adopuon, by reference. ~nto the City of Boynton Beach Capital Improvement Element. The School District of Palm Beach County Slx Year Capttal Improvement Schedule s first fie year estimates are based on the Schoot District of Palm Beach Count'/FY2001-FY 2005 Frye Year Plan and FY 2001 Capital Budget. with subsequent longer range projecnons provided in compliance with 9J- 5.025(3)(b)3. To,ensure a financi~illy feas!~l~ table, Certifica[~cs of Pa.~.?ipation,(COPs) financing will be used:t~'b~lar,ce pr0jected e~i3ehd! ~,t~res ¢i~ recen~e~: COP~'~ ag/ifable fofthe pUr6hase of land and constmeti0n,6 f:n~w s~hools:addidofisCr ~pl~ceinents} .... - ~ · ~' ~-' ..... ~--£- ~-~'~ *~ :~"'qd n~ded[ ~tatish~'~a~ia~e~-~0?e ~ct SPace to ......... ' , 1'~ ~9' ' Eff~ index~ ~ ~ ff~Y ~o~ r~ue so~ces ~e u~d in Table ~7. L -. :t,~ :; :~f2, :~ ~ ~ K o~ ~e ~iic SshOm Facititi~ m~t SUpp0~ D~umems. Six Year curren~ and Please aisc refer to the Concun'enc~ Service'Area Tables, which incorporate the eurren~ and projeCr_gj.tea t the type indicate Per 9J-5.016 (1), the Capital hnprovement Element Table 17, ' F: with the Public School school facility is .based upon e~ension ~r increases in capactty et each pumtc Iacmty are ut~cua~,cu,¢, ~,. : ! ""01' 2 ' ~Date:October, ~u City o/[BoyB, ton Beach CIE~SuppOrt Documents School Concurrency Amendments Ord~cc No. 0 l-O0 Amendmen~ O1-SC1 Facilities Element Objective 2.2 and associated policies, with concomitant costs and fiscal associafion~ to meet existing deficiencies and future needs outlined in Table 1 ? of the Capital Improvement Element. Per 9.1'-5.025(2)0) and 9J-5.016(2)(d), CIE Table 17. titled "The School District of Palm Beach County Six Year Capital Improvement Schedule", shows how school concurrency costs will be met. [asues related to cost shanng are addressed through: (1) the Florida Administrative Code, sect/on 235.26(1)(a), State Unifonst Bmlding Code for Public Education. Uniform Building Code, which exempts Public Educational Facilities construction from County and municipal building permit assessments and impact or serwce availability fees for example (in this case. the cost sharing is m terms of revenue foregone); as well as (2) case-by case conu'act provisions as provided for in CIE policy 1.2-e(1), ,,~hich refers to a binding and guaranteed contract with the School District of Palm Beach County, that is executed and guaranteed for the time the Development Order is issued; and finally, (3) CIE Tablel7, which provides a financially feasible capital improvement program for public schools, and other CIE T~.bles which detail C{ty of Boyuton Beach expenditures and revenues. Table 17 summarizes'.more specific d~ailed.projec~ information supplied in the document titled, "The School District~f Palm Beach Cpunty FY 200I-FY2006 Five Year Pla~ andFY 2001 Capital Budget." The specific project information includes operating and maintenance costs. The impact of new o~.improved public educational facilities on the provision of infrastructure, along with the use ofiiiming and Ioeation of capital improvements lo public facilities to support efficient land develot~nent is addressed in the ~:~ublic School Facilities Element Objective 2.2 and associated policies. An assessment of t~ilocal government's ability to finance capital improvem~ anticipated population-and revenues is provided in Table 17, based on the poI cited in doeun~ent tit~ed "The School District of Palm Beach County FY 200 Plan and FY 200I Ca.pi~al Budget", and projections of expendi'a~res and exist Per 9J-5.016(3), the ~opital Improvement Element Objective 1.1 and Policy with Table 17, provi~ie the means te meet the needs for the construction ofp~ necessary to meet e~ting deficiencies, as well as accommodate future grow obsolete or wom-out~faeilities. The Capital Improvement Element Policies 1 ensure coordination Of land use deeisinns which maintain the adopted level o and meet existmganct future public school facility needs. Per 9Jo5.0055, the C,~pital Improvement Element Policies 1.2-b, 1.2-e, and 1 with the ConeUn'enc~ ~eetion the School District of Palm Beach Co. unty ha.s implement the Public School Concurrency management system which momt adherence to the adopted level of service standards. nts based on ul,ation projecuons l-FY2005 Five Year ng revenue sources. .1, in ¢onjanctlon blic school facilities h and replace 2-b, 1.2-e and 1.2-f service standards Z-f, in conjunction established and will ~rs and ensures City of Boynton Beach School Conc,.~rency Amendments Amendments 01-SC 1 Date:October, 2001 IE Support Documents Ordinance No. 01-00 School District of Palm Beach County Six Year Capital Improvement Schedule TABLE 17 PROJECT NeW 8cl~ools ~eane ~ E~ (~) ~ ~ E~ (~1) ~(2) 100,000 p 1.350,000 to 3,295.472 p FY 2006 PROJECT PRO&ECT FY 2001 6,007,207 c 159.670,242 153~91~.434 ~ROJECT ?,G40,267 5.~49.337 5,695.593 5.535,53~ 5,535.538 40,490J42 2,351,097.202 D E~,~ELOPMENT DEPARTbIENT PLANNLNG .a~N'D ZONING DMSION M'EMORANDU~ NO. PZ 01~188 TO: Chairman and Members Planning and Development Board FROM: THROUGH: Dick Hudson Senior Planner Michael W. Rump~'d Director of Planmng and Zoning DATE: September [7, 2001 PROJECT DESCRIPTION File No: Text Amendments to the City of Boynton Beach Comprehensive Plan Comprehensive Plan Text Amendment (CPTA 01-001 ) Proposed change: Additions to the plan include: · a "Public School Facilities Element" (Element 10); · goals, objectives and policies to the "Capital Improvements Element" (Element 9) relating to School Concurrency and levels of service for public education facilities; · Map series PSI.l-3.4 relating ro School Concurrency; and · Support Documents BACK.GROUND The 1998 Florida Legislature enacted legislation amending s. 163.3180. F.S., establishing requirements for the optional implementation of public school concurrency. Additionally, legislation exempting plan amendments for the purposes of establishing school concurrency from the twice per year limitation on comprehensive plan amendments has allowed local governments to establish school concurrency through special amendment rounds at any mae. In September 2000, the City of Boynton Beach became the second municipality in Palm Beach County approve the Interlocal Agreement for School Concurrency. The adoption oftbe proposed amendments to the City of Boymon Beach Comprehensive Plan is a requirement of that interlocal agreement. The Public School Facilitie~ Elenmnt (PSFE) provides coordinated planning among the County, local governments, and the Sohool Di~-ict to ensure that school capacity at the adopted level of service standard is available at the time of impact of resicl~nfial development. Based on tlxe requirernents of Rule 9I-5.025, F.A.C., the PSFE addresses related land development ~ssues which impact educati°n including levels of ~rvice for schools, school utilization, residential neighborhood proximity and compatibility, supporting public infrastructure and collocation of facilities, and financial :feasibility. To adopted by each affected local government. Additionally, to estavn~n Capital Improvements Element (CIE) selling fortJa a financially feasible puonc schOOlS capital tacumes program, are required. These amendments, which are being processed concurrently in this special amendment round, ensure that the adopted levels of service will be achieved and maintained per 9J-5.025, F.A.C., 9I-5.016, F.A.C., and 9I-5.0055, F.A.C. File Number: CPTA 01-001 School Concurrency Amendments PROJECT ANALYSIS Th~ proposed amendments add a Public School Facilities Element (PSFE ~Element 10) ro the City of Boynron Beach Comprehensive Plan. add maps to the Mat: Set/es. reference related policies in the Land Use Element and add definitions of public schoc~l terms. The proposed amendments to the Capital Improvements Element (CIE] ~ Element 9) provide for maintarmng mm:mum levels of service sTandards.for~ public school t'acilities, provide for a concurrency review process by adding th,e School District of Palm Beac~ ~0unty to the~list of serv/ce '~ providers and requi~ ~e School Dis~ct s review of all applications for residential devejopment. Th, e, addition of Table l 7. ~ohool District of Palm Beach County Six-Year C~p~xal Impr~vemerit Schedule. sets ' forth a financially feasible public schools capital facilities program. :- As a basis for school concurrency, the PSFE contains goals, objecuves and policies to ensure that space zs planned for stUdents and existing deficiencies are corrected, as well as ens~e;~zbat finlaX~'- i-4,~¥ feasible capital improvements are planned adequate to ach}eve and ~aetaln the adopted LOS, The ~lem~,t directs public schools siting to be coord/nated with p.uls~i.C ifaciliti~ ~ii~l~c~lure through a co0~dinated review of development propoSals. The proposed PSFE, CEE and Map' Ser/es amendments are tntended to address'the criteria for establishing school concurrency set forth in Rule 9I-5.025. F.A.C. These requirements include: Providing adequate school eapactg, through .a graduated (Cored) L~evel 0f Service for each type of public s. ch0ol,~wh~hing!udes elementary, middle, and high schools, un~l such time as a standard LOS of 110% is achieved and maintained; Establishing school Concurrency Service Areas (CSA) and/gr ensuring adequate capacity in adjoining CSAs: Assuring school facility requirements are met through a financially feasible 5-Year Work Plan; Establishing mitigation measures for development proposals in order to ensure the adopted Level of Service is maintained; ~ Providing intergovernmental coordination for siting schools to serve as focal points of residential development; the collocation of schools with other public facilities; and planning population projections; Coordinating emergency preparedness issues; Establishing future conditions of maps depicting existing school sites, areas of anticipated future school sites, ancillary facilities and Concurrency Service Areas (CSAs); and Providing definitions of public school terms Section 163.3177, F.S., requires that all local governments include policies in their Comprehensive Plans to address public facility coll~ation and school siting inthe Future Land Use Element, as well collaborative p!anning in the Intergovemmenra~ Coordination Element (ICE). These policies are to be in place prior to,, establishment of school COncurrency; and were adopted on January 18, 2000, and found "In Compliance on March 16, 2000. Additionally, to establish school concurrency, amendments to the Capital Improvements Element (CIE) selling fortti a financially feasible public schools capital facilities program, are required. These amendments, which are being processed concurrently in this special amendment round, ensure that the adopted levels of service will be achieved and maintained. File Number: CPTA 0 [-001 School Concurrency Amendments CONCLUSIONS/RE COMMEi~'DATIONS The proposed addition of a Public School Facilities Element and amendments for school concurrency in the Capital Improvements Element establish a process tntended to ensure that the capacity of schools is sufficient to siappor~ residential development at the adopted level of service standard for schools, as set by the school district tn conjancnon with the participating local governments. The proposed amendments are required by state statute for local governments seeldng to establish School Concurrency. The amendments are consistent with the Comprehensxve Plan and present no neganve impacts to the City of Boynton Beach. Therefore, staff recommends that: 1. the City Commission. acnng as the Local Planning Agency, find the proposed amenaments conastem with the Comprehensive Plan; and 2. the Ciw Commission approve the proposed amendments for transmittal to the Florida Department of Community Affairs. EXHIBITS: 1. Proposed Public School Facilities Element 2. Current Capital Improvements Element with proposed amendments shown in underline 3. PrOposed Mao Series additions 4. Proposed Public SchoolFacilities Element Support Document 5. Proposed Canltal Im;~rovements Element Support Document Addendum DEPARTMENT JEB BUSH STATE OF FLORIOA OF COMMUNITY AFFAIRS "Dodicatod to making FlOrida a bettar plac, to call homo" STEVEN M. SEIBERT The Honorable Gerald Broening Mayor, City of Boynton.Beach Boynton Beach, F1 33425-0310 November 13, 2001 Dear Mayor Broening: The Department has conducted a preliminary review of the City of B0ymon Beach proposed comprehensive plan amendment receiv~ed on October 15, 2001 (DCA Reference No. 01-SC1). The Depaxb~ent has determined that the proposed plan amendment need not be formally reviewed for consistency with Chapter 163, Florida Statutes, and Rule 9J-5} Florida Administrative Code. In addition, the Department has not received any recommendation for review from the Treasure Coast Regional Planning Council or any affected person regarding the proposed amendment. Therefore, the proposed amendment will not be reviewed and the Objections, Recommendations and Comments report will be waived. The local government may proceed to immediately adopt the amendment. Please be advised that the Florida Legislature amended Section 163.3184(8)(b), F.A.C., requiring the Depiaia,ent to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by law to furnish to the Department the names and addresses of the citizens requesting this information. This list is to be submitted at the time of transmittal of the adopted plan or plan amendment. As discussed in our letter sent to you on May 25, 2001, and providing a model sign-in information sheet, please provide these required names at~d addresses to the l~epartment rvhen yo~ transmit yonr adopted amendment package for complitmce r~view. For efficiency, we encourage that the information sheet be_.. provided in electronic format. 2855 SHUMARD OAK BOULEVARD .TALLAHA$$EE, FLORIDA 32399;2100 __L_~"'~ Phons: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-07811Suncom 291-0781 ...~ ~ ntarnet address: htt;://www.dca.state-fl.us Mayor Broening November 13,2001 Page Two This letter should be made available for public inspection. If you have any quesuon. please contact Ken Metcalf, Community Pro.am Administrator, overseeing the review of the amendment, at (904) 487-4545. Sincerely, Mike McDaniel Growth Management Administrator Bureau of Local Planning cc: Michael W. Rumpf, Director of Plarming and Zoning Terry Hess, TCRPC XII. - LEGAL ITEM A. 5 ORDINANCE NO. 01- ~o~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA. - AMENDING CHAPTER 2. ADMINISTRATION, SECTION 2-13.2, GOVERNING BODY OF COMMUNITY REDEVELOPMENT AGENCY, BY DELETING SUBSECTION (D) IN ITS ENTIRETY; PROVIDING FOR CONFLICTS, SEVERABILIT¥, CODIFICATION AND AN EFFECTIVE DATE. WItE ~REAS, the City Commission of the City of Boynton Beachldeems it to be in the best interests of the public to. amend the Code ~o shift control of support staff hiring fi.om the City Manager~ to the Community Redevelopment Agency, following the forth in Florida Statute 163.356; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter 2. Administration, Section 2-13.2 of the Code of amended by deleting subsection (d) in its entirety, as follows: Sec. 2-13.2 Governing body of community redevelopment agency.* (a) ... Section 2. All other provisions of Section 2-13.2 not herein amended shall force and effect. Section 3. All ordinances or parts of ordinances In conflict herewith be and the same are hereby repealed. Section. 4. Should any Section or, proviSion of tiffs ordinance or portion hereofi my paragraph, sentence or Word be declared by a:court of competent jurisdiction~ to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. -., , Authority, is hereby~gran~ed to codify said ordinance, Section 6. This ordinance shall~become effective ~iately upon passage. ~'~' of December FIRST READING this uay ~, 2001 SECOND, FINAL READING AND PASSAGE this day of 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner tTTEST: City Clerk Requested Ci~ Commission Meetln~ Dates [] November 20.20c [] December 4. 2001 [] December 18.2001 January 2. 2002 XII. - LEGAL ITEM A.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 7. 2001 5:C p.m.) November 2L 2001 (5:00 p.m. December 5, 2001 (5:00 p.m.~ December 19, 2001 5:00 p.m. Requested City Commission Meet~nu Dates [] January 15. 2002 [] FebruaD 5. 2002 [] February 19. 2002 [] Marcb 5, 2002 Date Final Form Must be Turned in to City Clerk's Office January 3. 2002 5:00 p.m.) January I6, 2002 (5:00 p.m. February 6, 2002 (5:00 p.m. February 20, 2002 (5:00 p.m.) NATU-REOF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business z.~ [] Public Hearing [] Legal -- [] Bids [] Unfinished Business [] Announcement [] Presentation -- [] City Manager's Re'pon RECO1VIMENDATION: Second Reading of an Ordinance amending Tile Pension [Retirement) PI~n to pr,,ovi~ optional transfer of accumulated leave balances upon retirement. Recommendation to approve second readmg otf&-d m ~c~ December 18TM, ~ EXPLANATION: The Fke Pension Board has reviewed a proposed ordinance prepared by legal counsel for the Fke Pension iRetkementl Plan that allows members to transfer accumulated leave balances upon retirement. The ordinance would need to be adopted m calendar year 2001 to benefit any eligible persons desiring to reure from the Fire service m 2002. There is no cost to the City for this change. The ordinance has been corrected from £ntst reading to address the City Manager's concerns. PROGRAM IMPACT: None. A&ninistrative procedures are in place to handle the transfer of accumulated leave. FISCAL IMPACT: ALTERNATIVES: None system. Department Name Do not adopt ordinance which would not extend I~~t~s ~n~bers_~ of the Department Head's Signature City Manager's ~ignamre City Attorney / Finance / Human Resources S:kBULLETtNZFORMSkAGENDA ITEM REQUEST FORM.DOC Requested City Commission [] [k~nnber 18, 2001 XII. - LEGAL ITEM B,1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Pa:quested City Cormms~on Meeting Dates [] January 15, 2002 [] Febmap) 5, Z002 [] February 19, 2002 [] MarchS, 2002 Date Final Form Must be Turned in to CiW Clerk's Office November 7. 2001 (5:00p.m.) November 2l, 200 l (5:~0 p.m.) December 5, 2001 t5:00 p.m.) December 19, 2001 (5:00 p.m~) Date Final Form Must be Turned ~_ to Ci~ Clerk's Office Januai'y 3, 2002 (5:00 p.m.) Janua~ 16, 2002 (5:00 p.m February 6, 2002 (5:00 Fcbma~ 20. 2002 (5:00 p.r~) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] City Manager's P. eport RECOMMENDATION: Adopt ordinance establishing an Arts Commission. EXPLANATION: The ordinance creates an Arts Commission as an advisory board to the City Commission as recommended by the report of a Strategic Initiative Team and modified by the discussion of City Commissioners at their December 4 meeting. Thc components of the ordinance Include the following: Purpose: the Mission of the Arts Commission of the City of Boymon Beach is to advise the City Commission on matters related to the Arts, the development of a plan and programs to promote and support public art, and to recommend standards, guidelines and funding for implementation. Members: The ~ Commission shall be composed of seven (7) regular and two (2) alternate members who are citizens or business owners preferably with the following backgrounds: Artist(s) Art Volunteer(s)/activist (s) Planner Private Developcr Neighborhood Association meauber(s) Architect Interested citizen(s) Responsibilities: Act as an Advisory Board to the City Cemm~ssion an the following: · Provide advice on matters relating to the Arts. · Develop a Public Art Plan and program for the C/ty.~ · Recommend standards and guidelines for art and aesthetics in the c~ty. · Encourage public/private parmerships in the arm. · Review and make reccmmendatians on proposals for art works for public buildings and public spaces. · Encourage the flow of art into the city, and stimulate art activities and events. · Study art issues and implement art programs as may be delegated to it from time-to-time by the City Commission. S fiBULLET1NWORMS',AGENDA ITEM REQUEST FORM.DOC CITY OF B PROGRAM~IM~ACT~is-ls a new program that requ~es anocation c~ sta~esour¢~s. FISCAL IMPACT: Estimated cost $15 000 (not budgeted) for first year AL'EERNATIVES: Defer action to FY 2002-03 Budget: CityAVtomey / Finance / Human Resources S :kBULL ETINWOI~2vlS~AGENDA ITEM REQUEST FORI~LDOC XII. - LEGAL ITEM B.1 ORDINANCE NO. 01- 'AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, CREATING A NEW ~' -" ARTICLE IX, OE THE CODE OF ORDINANCES TO PROVIDE FOR THE CREATION AND ESTABLSHMENT OF THE BOYNTON BEACH ARTS COMMISSION; PROVIDING FOR THE AND DUTIES OF THE ARTS P 'IDING FOR THE /ON; PROVIDING FOR MEETINGS OF THE ARTS THE POWERS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE, WHEREAS~, _a ,St!~te~gi~lni;tiative Team has advised that establishing an ,rts Comm ssi0n wdaJd assist in the development of a Community Identity f the City; ~nd WHEREAS, the City Commission of the City of Boynton Beach deems to be in the best interests of the general welfare of the citizens of Boynton each to provide th~s public service to the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Part I, Chapter 2, Article IX, is hereby created as ~llows: ARTICLE IX. BOYNTON BEACH ARTS COMMISSION Sec. 2-154 Creation of Commission. The city commission, in accordance with the powers vested in it, hereby creates and establishes the Boynton Beach Arts Commission, hereinafter referred to as the "arts commission". *Sec. 2-155 Purpose and Duties , (a), The purpose o~f the~,arts.commission is to advise the=CitY-,C0mmis~ion,on ma~te~s rela~:ed.~°~'the arts, to develop a plan and Programs t,o promct~ and -su~P0rt art in public places, and to rec~mmend guidelines and funding fo~ implementation. [,b) :,. It s~,all, be the duty of the,arts commission to act as ,an~ AdvlSqF~-,' Board:, to t~e. City,~c°mmission in pro~/iding and ~@~qgrar (d) SOURCE public apd The arts public art plan ~unding funds; encourage rewew and make and stimula~te art retatedactivities to art and implement art Commission [rem time to time. issues !related the City (e) The arts comm ssion ,s,hall. ,pe~r odically advise the city comm~smon of ~ts findings or proposals w~th respect to the foregoipg issues and to the city commission on any matter vithin as much time prescribed bythe city ,commission. Sec. 2-156 Organization. (a) The Arts Commission shall consist of seven (7) regular members and two (2) alternate members and serve at the pleasure of the City Commission. (b} All members of the Arts Commission shall be appointed by the City Commission for :three-year staggered terms. The two (2) alternate members shall be appointed to one-year terms. All members may be reappointed at the pleasure of the ciW commission at the termination of their appoinl~ment, wi~h no limit as to the number of terms they may serve. (c) Appointees to the Arts Commission shall be · citizens or business owners preferably with the following background: Artist, art volunteer/activist; planner; private developer; architect; neighborhood association member; interested citizen. (d) At the organizational meeting of the arts commission a chairperson and vice-chairperson Shall be selected by majority vote of the arts commission. The chairperson and vice-chairperson shall be selected annually at the anniversary of the first meeting of the arts commission., or at the November meeting of the arts commission Sec. 2-157 Meetings. The Arts Commission shall meet at an appropriate place and shall arrange a time for holding regular meetings of the arts commission, and for such other meetings as shall be necessary, and it may add to such rules of organization, regulation and procedure as it may deem necessary and determine the duties of its members and officers. Other specifications for conducting meetings, such as the number needed 'for a quorum, shall be in conformance with Section 166.041 (4), Florida Statutes. Sec. 2-158 Powers. Nothing in this article shall be construed as restricting or curtailing any of the powers of the city commission, or as a delegation to the arts commission of any of the authority or discretionary powers vested and imposed by law in the city commission. The city commission declares that public interest, convenience and welfare required the appointment of the arts commission to act m a purely advisory capacity to the city commission for the purposes set forth in this article, Any power delegated here to the arts commission to adopt rules and regulations shall not be construed as a delegation of legislative authority, but purely a delegation of legislative authority. Section 2. All ordinances or parts of ordinances in conflict herewith the same are hereby repealed. Section 3., Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competen[_:jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 4._ Authority is hereby granted to codify said ordinance. . Section 5-. ' ,This~ordinance shall become effective immediately upon )assage. FIRST READING this day of SECOND, FINAL READING AND , 2002. , 2001. PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner :_ST: Clerk -I:\NRK~A~ts Commission Ord - rev 121001 4 Raquested City Corrtmi~?o~ Meetln~ Dates [] Novembex 20, 2001 '~ December 4. 2001 [] December 18. 2001 [] January 2, 2002 XlL - LEGAL ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORN Date Final Form Must be Turner 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.m3 Requested Ci~3 Commmsmn Meetin~ 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 AGENDAITEM [] Administxafive [] Development Plans [--~, ConsentAgenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Repor~ RECOMMENDATION: Motion to amend Chapter 6. CEMETER/ES, Section 6-18(a)(2), to provide for 50% of the original purchase price of a crypt or niche after interment, resale or transfer of ownership to the City of Boynton Beach. EXPLANATION: On September 3t 1998, the City Commission adopted ResOlution No. R98-140 that allowed the City of Boynten Beach to return 50% (rather than 80%) of the original purchase price to the owner of a crypt or niche after interment, resale or transfer of ownership to the City of Boynton Beach. At that time, the Cemetery Rules and RegulaUons were also almended. However, the City of Boynton Beach Code of Ordinances was not amended to reflect the change in policy. At its regular meeting on November 27, 2001, the Cemetery Board of Governors reviewed this discrepancy and recommended that the City Commission adopt an Ordinance to reflect the necessary correction to the Code. PROGRAMIMPACT: FISCAL IMPACT: ALTERNATIVES: · ' ' · * ~L/~ ,~_ ~ Department Head s Signature / / ' Cityl~lanager' s Signamr e City Clerk's Office City Attorney / Finance / Human Resources S:~ULLET1N~FORMS~AGENDA ITEM KEQUEST FORM.DOC ORDINANCE 01- · AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 6. 'CEMETERIES, SECTION 6-18 TRANSFER _. _. OF LOTS. S~;~CTION~,IA)(2),,s PROVIDING FOR CLARIFICATION OF THE PERCENTAGE OF 1LETURN ON A CR T OR.N CHE nVrEaMENT, P SALE OR TRANSFER, TO ~OIVI~LY WITH CEMETERY RULES ~d'~ID REGULATIO. NS; ~/PROV!DING,, FOR CONFLICTS,: EV R mffY, COD IC^T 6N AN EEFECTWE '~)ATE :: -;' · ' ~ · · WHEREAS, on September 3, 1998, the City Commission adopted Res61ution No. R98-140, which allowed the City of Boynton Beach to return 50% (rather than 80°,4) of the original purchase price to the owner of a cryp[ or niche agter interment, resale or transfer of ownership to the City of Boymon Beach, as well as mended Cemetery Rules and Regulations; and WttEREAS, this change was never reflected in the Code of Ordinances; and NOW, THERE'FORE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOY.TON BEACH, FLORIDA, THAT: Section 1. That Chapter 6. Section 6-18 Trah.~fer of Lots (a)(2) is hereby amended ~y adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: :Sec. 6-1-8. Transfer of lots. (a) Cemetery lots. The owner or owners of cemetery lots ... (b) Mausoleum crypts or niches. (1) Prior to interment, an owner may transfer... (2) After interment, resale or transfer of ownership shall be allowed only to the City at a cost of ~°0°A 50% of the original purchase price paid for the cryp~ or niche and provided that disinterment has occurred and is implement by the proper authorities. The city may not offer these crypts or niches for sale until the end of the contract ~erm ~October 20, 2008) with Boynton Beach Mausoleum, Inc. Section 2. That each and every other section of said Chapter not herein S:\CA\Ordinan¢¢s'~ clmini~tralive\Cometery lot transfer amendment 121101 .doc 1 specifically amended shall remain in full force ,and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of th/s ordinance or portion hereof, a~y paragraph, sentence or word be declared by a court of competent urisdiction to be'invalid, such decision shall not affect the remainder of tiffs )rdinance. Section 5. Authority is hereby given to codify.this Ordinance. :Section shal!,beceme~ · 2001. SECOND, FINAL READING AND PASSAGE this day ,2002. of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner kTTEST: City Clerk S:\CA\Ordlnn~ceskAdmini~tr~tive\Cemet~'y lot ~a'amf~ amendment 121101.doc2 Boynton Beach, Florida Code of Ordinances Sec. 6-1. Described. The following shall be ~he cemeteries of the city: MUNICIPAL CEMETERY, CITY OF BOYNTON BEACH: Blocks A thru O (excluding Block A), Official Plat Book #21, Pa~e 84. BOY'NTON BEACH MEMORIAL PARK: Blocks H thru M, Official Plat Book #27, Page 186. BOYNTON BEACH MEMORIAL PARK, ADDITION #1: Blocks N thru Y (exclud_;,~g Q, U, X and Z), OffiCial Plat Book #30, Pa~es 154 and 155, and the BO..Yl~_.ON_ B.~EA~C~ MAUSOLEUM: Replat ofDriveways 2, 3, 5 and 6, Municipal Cemetery. Official Plat l~oc~ ..... Page 46. SARA SIMS MEMORIAL GARDENS: Official Plat Book ~6, P~ge 84. (Ord. No. 94-49, § 1, 11-1-94) See. 6-2.Applieabmt~. F.,XCept aS OthOFW~0 p~'OVklOd, the pm~i~On'~ of this ch~teF ~ ~ly ~ ~ c~et~ of~ ~. (C~ 19~8, ~ Sec. 6*3. Cemetery fud established; use~ investment. the perpetual ~ upkeep and maintenance ot Boynton Beach, Florida Code of Ordinanc~ derived fi'om the sale of cemetew lots and eqmpment use charges shall be paid into said 5and to be designated as Boynton Municipal Cemeteries Fund, and used solely for'the perpetual care. upkeep and maintenance of said cemeteries. The city is authorized to transfer and pay ovet to this seper~te account ail funds designed for the perpetual care, unkeep and maintenance of muuicipal cemeteries. . _ (Code 1958, § 6-16; Ord. No. 83-9, § 1, 4-4-83; Ord. No. 98-22, § 1,.?-21-98) Sec. 6*4. Boatd of governoFs created; composition;terms; qUoFum. wmcn wm conmst ox.me cxty cler~ and reYeesa ~'ad,,ett who i- ~--~-.. ~---~---~ .... ooara ~or uze. in aamt~on, me ooard shall con.sust of four (4) other persons and one (1) alternate. :esidents: these four ibc appointed for a be g (Code 1958, § 16-I7; OtcL NO. 80-6, § 1, 2-19-80; Ord. No. 83-9, § 2, 4-4-83; Ord. No.:83-14, § Cross referenee-MimmUmqualifications: for serving on boar~, etc., § 2-16. Sec. 6*5. C, eneral powets orbosrd. The board shall have the right to establish rules and regulations for the management and control of any cemetery, ~cluding mausoleums, owned and' operated by the city, and for the .cond..u?t' of~e board's business, no! ~!stent, however, with ~he provisidns of tl~i, article, and to th, that Omes. mad, a hble the maintenance and ~mprove~rlents to the mUnicipal cemeteties~ established pursuant to section &-3 hereof. (Code 19~8, § I~-17; Ord. No. 83-91 § 3,~. ~. 83.; Ord. No. 9~.~.9, §.2, 11.1.~4) See. 66. Cle orbonrd. The. city clerk sl~l~.~continue to serve on the board, so long 'as he shall remain clerk, and shall have all the powers of any other member of said board,~ and in addition thereto shall act as clerk theteo£ (Code 19~8, § See6-7. ~ Records, reports ofboard. - The board Shall keep an accurate record of all receipts and expenditures, and shall from time to time, as requested by the dry council, make an itemized detailed report showing the CoovHaht Icj 199S. American Loam puhlithina Comomtio~ Boynton Beach, Florida Code of Ordinances financial condition .as the same pertains to the cemetery, including any and all other matters which.may be requested of the council. (Code 1958, §6-.17) See. 6-8. ' ~neraLregulatory authority of board. The board of g~verno~. . may f~om time. . to time make such m!~. and regulations_, for the government and impr°vement of the cem.e?ry ~_they may deem reqms~te and proper m order to LIKI oenelll~. Se~ the shall the See. 6-11. (a) provide permits, bmials, and othe~:ser~ioe~ (Cod~ 19S8, § 6-3) (b) AIl sale~ of/ntennent ri_~.._tS in .n~s°. leu~n, cryp~ts -°~rmc-hes shall be who is th~ cit,/s ~oto agent tot sates Bo~nton Beach Ms..~ ,e~n, Inc.. ......... ,,,, ,~,~,~o until the end of the contrOl.term, wmcn · the sale of and for oriented by within the mausoleum (Ord. No. 96-24~ § 1, 4-2-96) Sec. 6-12. bsumtce ordeeds. The mayor and the city clerk shall have full power and authority to issue a deed or deeds for the sale of lo~s in a cemetery, and crypts and niches in the mausoleum when the provisions of · ' , the pumhasers thereof, and they have complied in all {Code lc)SS, § 6-I8; On:L No. 94-49, § 3, 11-1-94) ~,~.-'-'..,-~.,. iCJ 1liMo. ~, - Boynton 8each, Florida Code of Ordinance~ Sec. 6-13. No Conveyances and burials prohibited until settlement of debts due city. deed to any lotr until all accounts : any lot or lots shall have Sec. 6.14, Lotenclosures, cornerstones, b~ickwork, gradin~ spacing, ere4 reguhilons go ernlnff~ properly shall be ~a~e go~'l~ors. A erection of Sec. 6.15. Excavations the portions and lots of the owners, under Sec. 6.16. Headstones and vaults; removalof:eanh or rubbish. Cemete~ lot ownet~ monuments shall be flush with wlitins and d~posited at SUCh place as (Code 1958, § ~0) all such headstones or ~n and accumulated by the a soon as possible Sec 6-1'/. "For sale" signs prohibited. No si/n or other d~vice indicating that a cemetmT lot or vault is "For Sale" shall be p~:,,,itted in or on the cemetery grounds. (Code 1958, § 6-11) CoDvflaht ic) t996. Amedcan Leaal Publhhina Comomtlon Boynton Beach, Florida Code of Ordinances See. 6-! 8. Transfer of lots. (a) Cemetery lots. The owner or owners made in their:lots, such~ (2) (Code 1958, 98-14, § 1, See.. 6-19, authority (Code 1958, ' lot the and not file the tothe city at )roper end of OrcL No. consent of the Ca~e a {~o~vrlaht {e~ 199~. American L~aal Publl~hin. Comoratlon RES~kUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION R96-38, PROVIDING FOR AN AMENDMENT TO PARAGRAPH 15 (REFUNDS OF MAUSOLEUM CRYPT OR NICHE) OF THE BOYNTON BEACH MUNICIPAL CEMETERIES RULES AND REGULATIONS; AND PROVIDING AN EFFECTIVE DATE. WHERE.. the C)ty Commission on March 19. 1996. approved Resolution R96-38. which adopted and approved the Revised Rules and RegulaUons for the Cemetery and Mausoleum; and WHEI~, due to the fact that refunds amounted to approximately $65,000 over the past b~o years, it has been recommended by the Cemetery eeard to amend the Rules and Regulations at paral~ph 15 to decrease'the refund policy for the crypt and niches from 80% to 50 ~. NOW, THEREFORE, BE ~T RESOLVED BY THE CTTY COMMISSION OF THE C[i'Y OF BOYNTON BEACH, FLORADA THAT: SecttonZ. That Paragraph 15 of the Boynton Beach Municipal Cemeteries Rules and Regulations g'l~ilrb~ amended by adding the words and figures in underlined type and by deleting the words and figures in struck- mrough type, as follows: 15. Mausoleum Crypts or Niches .- ~or to interment, an owner may transfer or resell the mausoleum crypt or niche provided the owner first obtains tt~e written consent of the City of Boynton Beach and Boynton Beach Mausoleum, Inc. Such consent shall be given automadcally provi.de~l.. ~ the. new purchaser's name, add _r~'~__ and I~ number are on tile wr~ ~e City Oem ant an edmini~e~;ve fee equal to the cost: of rel~ng l~e mausoleum, crypt, or Alter i~ resale or lzansfer of ownersl~lp shall be allowe( only to the City of'Boyr~ Beach at a cost of ~ ~ of the odgina This Resolu~on shall ~ecome effective immediately. PASSED AND ADOPTED ~is ,~' clay of September, 1998. .1. NOTIC~ TO LOT O~ IN BOYN'rON BF..ACH MUNICIPAL CF. MI~TF..RI~S _Rtd~ mr~aRegulattona Amex~ded Septemb~ 3T 1998 Lot ~ shall n~ army inUrmmU to I~ ~'~ d- in ~r ~ ~u~a~n; nor val~ ~t t~ ~mt in ~ng ~ ~ Cl~ ~ ~n neon aha same th~ wa~s of individuals totke r t~ r~g~ of ~ument, istgr~tton, tree or which the City ~ all~ed to Corer ~ l~ro~ertY ~ be. ~low~L No br~k tmpro~d foes from in]ur~, ~lt ~x. avadons All permanent grave markers must be ground level, of bronze, marble or granite itw~ co~ bast. $~bitct to proper permit and fees. 8: ~ 'All ! allowed ~ six months from date ~ worka~ after that time. 9. All urns. vas~. or grave markers damaged or lost ~ill not bt the responsibili(y of the cern~er~. · -.10. No ~vooden ~ may 12. No be encased in a solid vault. , initiate and recommend the laying ami mak~ such rules and ~ke ctmetery as it may deem r ~ill a burial be ~.,.itted No si~ indfc~ting dmt a lot is 14 tk~ Veteran~ organizations may 15. may transfer or resell Vlmg~,~m, I~. Such cmuent lnmckas~s ~. ~s and t d~ ~mtent of tl~ Board of Governo. 16. Of body or remains · llamed in Flor!~ to '! be a limit of r, vo emblems allowed per be obtained from Boynwn tXClusive sales agent, and shall be Potted plants or artificial flowere are not permitted on the Mausoleum complex at any time. Fresh flowers are l~errnitted to remain for a per~od of three (3) days. One bouquet per crypt/niche will be allowed. Vases are available at the Mausoleum OffS. Flowers mast be in a container that has a solid base so that ig will easily stand erect. This item must be tastefully placed at crypt/niche sites. Emptoya~ w~ll, far maintenance ~urposes, move and r~lace these item~ w~th care, but the city does not accept reeponsibil~.~y for reghu~ng brak~n items unless there is a clear negligence on the part of the Ctty employees. (NOTE: City anpioyees may remove any item placed on a crypt/niche site that becomes untidy or unsightly to tbe appearance of the Mausoleum.) 19. No goson shall bt allowed to perform any modification on anything wit. hou. t employ of the Ot~ for svn~es or atunaon, ouar ut~n mar sauma x~ ~s~ tau ~y o~ city. 20. All ~l sat~ of mausoleum oyga or n~im dude bt origin~d ~v Boyn~n ~iudI tntlmtt' the' purchases cornple'~ name, ~,trtss ,and phone numbs, gJtnm XII'. - LEGAL ITEM B.3 ORDINANCE NO. O 01- /~C/ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE iV, SECTION 2-56 AND 2-56.1, INCREASING BD THRESHOLDS; AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE ORDERS UNDER THE BD THRESHOLD AMOUNTS, AND REDEFINING WHEN COMMISSION ACTION IS REQUIRED; PROVIDING FOR CONFLICTS, SEVERABILITy, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS; up0~ 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 2. Section 2-56 and 2-56.1, by lncreasi~gthe bid threshold mounts for personal property, commodities and terraces to 5;25,000 and for construction projects to $75,000, authorizing the City Manager to ~xecute purchase ordersbelow the threshold amounts, and redefine when Commlssmn action is required; NOW T}I~REFORE~ BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. Chapter 2. "Adminisuation" is hereby amended by adding the words and figures in underlined type, and bY deleting the words and figures in smack-through type, as follows: Sec. 2-56. Purchasing agent, selection, duties; competitive bidding The city commission shall appoint an officer or employee of the city, other than a member of the city commission, as purchasing agent for the city who shall be responsible for the purchase ...... ~, ............. of all supplies, materials, eq pent and other arttcles used by ......... ~ ................ ~. ........... ~..~j cf the municipal government. A1! purchases or sales of city property, shall be subject to the approval of the city commission and shall conform to such regulations as the city commission my from time to time prescribed Except as provided in section 2-56.1 all purchases or sales of personal property, commodities and services involving amounts in. excess of_ .~.vc twenty-fi~/e thousand dollars ($25,000), or ~onstmction involving amounts of seventy-five tho(isand dollars ($75,000), shall be made only after the publishing of an advertisement of bids thereon in a newspaper of general circulation in the city a[ least one (1)_ti{n~ e, no[ !ess than eigh~q~ ten (10) days prior to the date and time set for the reception of ,such bids, together with . cc. 2-56. t Exceptions to competitive bidding. S:\CA\Ordinances'va. dministrat~ve\Purcflasing Amendment 121101.doc (b) The purchase or sale of any real property ... On any purchase of personal property, commodities, or services involving mounts m less than ex ....................... , ................. ' ...... ton ..................... ~'emv-five thousand ($25,000.00), or consumction less than sevenw-five ($75.000.00) the city manager shall establish procurement, policies. The procurement policies shall provide for obt~ niha sufficient p~e,~n~, and prbdu~t quotations to ensure that the goods, services, or constmdfionit~elng Pr°eu~ed is the highest quality at the most reasonable cost, Such, procedure, qhall reqmre the preparation .and ma,intenance of; ~i,tt~Ft records ~vhich adequately do~,u~ e.n,! the quota,u, on~ obth~ned, propei~ acC°Unt for the:funds: expended, and facth~ate an audn o chase made. ob ~tak. ~ ,, ~ ~ the, <urchase marie: ;, : ~ ~. :, ·. , , Furthermore, the city manager ts authorized, to execute a purchase orcter o~ eommet--on behalf of the, city for such purch~gs ~d~ th_e $25:,000.00 bid th/eSliOld fo~, pe~sor/~;;15ni~50iitv?cornfh6difiei~-~i~it:;~ces, or $75,000 for consumctiom (c) (d) (e) On the purchase of personal property if:the city manager shall maintain that an emergency exists in regard to,~the purchase~9£ any, commodity so that the delay incident to g~ving opportunity for competitive riding V~Oul.d b .~men, tal~ to the iiiterest Of the city, ,then :the city manager shall file ' -~ -~: ~- - a ~+,,.~,,,,,, ,,,d .... +g _,-,ertifvin~ the conditions and circnmstances. The written ta';e"~;~[ s'"~l'[ gJS~ v~t~:~.he p.~c~.~e Order. Th/~-emergency purchas~e ~ill be ~res~nted't0 the ci~ c0mmiS/ibhi:at:ihe earliest meeting if it exceeo~ the threshold for purchases; Coirimodifi0s available only from a single source may be excepted from bid reqmrements uF .......... ~ 2 ~' ~ * ......... COg ..................... ' ..... au~.'" .~. .... .-~ g~---~:^- A letter is ~eqm~xi from the vendor and the ginole source purchase will be made from ~he vendor at the discretion of the chasin; a :ent_. personal property wher~ the funds for theprice of the being supplied by another governmental agency and no funds Of the qit being used towards the purchase price, the may elect to foll°w the competitive bidding ~' . ._, .......... ~.~4. is su~ol'Am' the funds for the (f) award a contract by accusing purchasing items Services Arlmlnisttafion Contract, the State of Florida p-,:rchns".ng Ccn~a~t State Con ,tr~, cts~ SNAPS~ RESPECT, PRIDE;, or other purchasingc°ntracts of any depaitmenti Or subdivisions of the State of ~.21101.doc Florida; or "piegy-back" of other government or national alliance bid:. without the competitive bidding process required by this article:; prc:'idcd that i£ budget allocation is approved by Commission, as part of the budgel adoption for the fi~scal year, alt items purchased in relation to Paragraph F will not require timber Commission action tmless a formal contract is involved Each and every other provision of Chapter 2 of the Code of Ordinances of thb City of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in corrtlict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, tot affect the remainder of this ordinance. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this, dayof , 2001. SECOND, FINAL READING AND PASSAGE this day of __ ,200. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commias~oner Commissioner Commissioner City Clerk [CORPORATE SEAL) t21101.doc XIL - LEGAL ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Comm~ssmn Date Final Form Must be Turned Meet/ne Dates in toCir~ Clerk's Office '-] November 20. 2001 [] December 4, 2001 [] December 18, 2001 Requested City Commission Meetin~ Dates [] January 15. 2002 [] February 5. 2002 [] Febma~ [9, 2002 [] March 5, 2002 November 7.2001 (5:00p.nz) November 21. 2001 (5:00 p.m.j December 5~2001 (5:00 p.m.) December 19. 2001 (5:00 p.m.) Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 (5:00 p.m.) Januar~ 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 [] Developmenl~Plaus [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve Ordinance __ revising bid threshold from the current $10,000 to $25,000 for personal property and $75,000 for construction projects. EXPLANATION: Due to increasing cost of capital purchases and construction projects the Procurement Services Division has had several request to increase the bid treshold. After completing a survey of other local cities and discussing with the City Manger's Leadership Team it was decided to request an increase from the current $10J}00 for ali capital purchases to $25,000 for personal property and $75.000 for construction projects PROGRAM IMPACT: This change will allow departments to complete small projects without having to go through a formal bid process which adds 3'0 ~b 45 days to be front end of a project time schedule. FISCAL IMPACT:- A bid document can be 25 to 100 pages long depending on the complexity of the bid. There would be savings i~n copy cost. Also each bid is advertised atieast once in two local newspapers. Thus we would be saving advertising cost also. ALTERNATIVES: Leave bid threshold at the current limit of $10,000. Department H~d's gi~na~ - C[.~ Manager s Signature Deparm~ent Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 01- AN O,RDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, 1V, SECTION 2-56 AND 2-56.1, BID T ~t~... SHOLDS; CtTY ~XGER" TO UNDER ' BID WHEN rt the best interest of and 2-56.1, by increasing se~ices to $25,000 and f execute contracts required; blOW THEREFOR]~ THE CITY OF BOYNTON Section i. Chapter 2. figures in underlined type 7ollows: ~oof stafl, th e City Commission deems it to be ~ . . amend Chapter 2. Section 2-56 and resid ts of the City to property, commodities and authorizing the City Manager to amounts, and r?define when Commission action is IT ORDAINED BY THE CITY COMMISSION OF /~- THAT: .~ - hereby amended by adding the words and deleting the words and figures in struck-through type, as ]ec. 2-56. member an officer or employee of the city, other than a as purchasing agent for the city who shall be of all supplies, materials, the of_ ¢::c twenw-five thousand dollars r shall be subject to the approval of to such regulations '~S the city co~amission all purchases amounts in excess or construction involving amounts of after th epublishing of an advertisement of bids thereon in one (1) time, not less than the reception of such bids, together with .. ec. 2-56.1 Exceptions to competitive bidding. to the date and time set for (a) The purchase or sale of any real property... ~:\CA\Ordinances'~ministrat~ve\Purchasing ,~mendrr~nt 121101.doc Ib) On any purchase of personal property, commodities, or services involving amounts m less than e ................................ ~.0 .... twenty-five thousand ($25,000.00). or \ consumcfion less than sevenrv'-five ($75.000.00) the city manager shall x establish procurement policies. The procurement policies sh2/ll provide for ~-- obtainin~ sufficient pricing and product quotation sto ensur~that the goods. 'k" services, or construction being procured is the highest .~fuzdttv at the most ~reasonable cost. Such procedure shall require fit~e p~reparation and 'X maintenance of written records wkich adequately d~:ument the quotauons X~bm~ed. property account for the f'nnd.q expended.~.nd facilitate an audit of tike purchase made~ O~ Fud~ermore, the c,ty manager ~s authonzea ~ execute a purcn~,e omer or contr~xct on behalf of the city for such p~j~. ases under the, $25.000.00 bid threshS[d; for personal properS, commo~fies and sera'iCes2 br $75,000 for c'onstmc'Uon. (c) shall maintain that an : the delay the t (d) The whtten if it exceeds fi:om a single source may be excepted fi:om bid (0 ~rom the vendor and discretion of the ! rope On an~ t~eha~e of personal p where the funds for the price of the e~ire :~/u~ha~e ~are b~ing supplie~i byXxanother governmental agency and no funds~f the 8ity are beingused towards'Xhe purchase price, the~ c4¢/-mmm-g~ follow the competitive bidding ~e governmental agency w~,ch is supplying the funds for the e pur..chasing agem may award a contract b ing p~chasing items [fi:o~l~e Federal General Service~ Administration Contract; the State 'of L--~.qao ~..-~-~- Ccn~-~t State Contracts, SNAPS. RESPECT, PRIDE;~'or other purchasing contracts of any depa~hnents or subdivisions of the State o Florida; or "piggy-back" of other government or national alliance bids Amendment 121101.doc If budget ~ adoption for the fiscal' City of Boynt0n Beach not herein as previously enacted. Section 3. herebyrepeale&. ~ sucl Section 6~ word be ~ Section 7. FIRST ~ING this __ this article Commission, as part of the budget purchased in relation to Paragraph F w/Il a.formM contract is involved. of the r amended.shall, remain in full force and effect sarrle are .of thi~¥ordinance or portion hereof, any court of e~ ~mpetent jurisdiction to be invalid, 2001. dayof __ ' OF BOYNTON BEACH, FLOKIDA ATTEST: CityClerk (CORPORATE SEAL) Mayor Vice Mayor Commissioner Commissioner Commissioner ~:\CA\Ordinances~,Adminis'IzaUve\Purc~asing Amendment 121101.doc City of Boynton Beach 2000/2001 Personal Properly Bids under $25,000 Bid Name Annual Supplementat Lab Analysis Pads & Labor for Leibherr Excavator Gala Entertainment Coordinator RFQ Medical Director Fire Alarm Inspection Gala' Food Concessionaire Purchase Agricultural Tractor Purchase Conversion Ford SUV Exterior Painting of City Hall Lease for Portable Office Trailer (2 years) Aquatic Plant Control (2 year contract) Cleaning Chemicals & Janitorial Supplies ModifiC'~tions to 3 MVAC Systems 4th ~fLlaly Fireworks' F~0~ Load Trash Containers s~reet~Signs, accessories & pads ~ewi~g,co~ ~tract Roof ~l~ai s to East Wing CH ~ ~. ~W ~ ravenS:ion De'ice Inspec & Testing Tempo~ar~ laboi' iserVices BeaCh ~cle~ ning~ii2 yr contract) sB~P. Ple~e] ~t?l ~l~b Analysis for Water Testing T~t~l ~22r~; b~ds!under $25,000. Amount $ 13,000.00 15,164.86 15,000.00 21,000.00 11,760.00 12,500.00 23,087.15 18,790.00 22,940.00 21,997.92 I5,600.00 15,000.00 23,189.00 20.000.00 20,000.00 20,000.00 11,500.00 20.300.00 10,000.00 10,000.00 17,400.00 13.000.00 $ 371,228.93 Requested Cit-j Commission _Meeting~Dgtes [] November 20, 2001 [] December 4, 2001 [] ~ber 18, 2001 [] Januau 2. 2002 XlI. - LEGAL ITEM B.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Fiual perm Must be Turned Reqgested City Cornmdssion Lnto Cit~_Cl_erk's Office- .M_~eting _Date~s November7.2001 (5:00p.rm) [] January l5. 2002 November21,2001 (5:00p.m3 ' [] February5,2002 December 5, 200l (5:00p.m3 [] February 19, 2002 December l9, 2001 (5:00p.n~.) [] March5,2002 Date Final Form Must be Turned ~n ~9 Gity Clerk_'s Offieq January 3. 2002 (5:00 p.r~) January 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.rm) February 20. 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UnfinishedBusmess [] Announcement [] Presentation [] City Manager's Reprrrt ...... ~ r~eoembes 18 2001 City Commission Agenda under · lease race tl~s reques~ o~ me ~, ~ , . ~CO~ATION- P ~ ~ . . · ..... ~1~ a~nved ~S reauest at ~m Decmb~ 4, 2001 ~ ~ Ord~ces- Fkst Kea~g. ~e ClW c~m~sl.o~ ~u~; D~t ofDevelopm~t Memor~dm g .' .... - ~T~Hno For ~er de~s pe~g~o .... ~ .... - ~ No. PZ 01-221. EXPLANATION: PROJECT NAME: AGENT: oWNER: LOCATION: DESCRIPTION: CALVARY CHAPEL OF BOYNTON BEACH James Barretta Calvary Chapel of Boynton Beach South side o~f Hypoluxo Road approximately 1,200 feet west of Congress Avenue Request to annex an 8.84-acre contiguous parcel to be master planned for a church campus. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Development Department Director ~. ~ J_/~ . City Attorney / Finance / Human Resources Planning and Zoffan~ D~rec:or S ABULLETIlx~FORM S AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION OF FLORIDA, · CERTAIN THAT IS ANNE)(ING A ~WILL, A usj COUN'~, IN,, BEACH WHEREAS~ of Boynton Beach and WHEREAS, Calvary Chapel of Boynton Beach, through its agent 3ames Barretta, as owner of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Beynton Beach, Florida, for the purpose of annexing a certain tract of land consisting of approximately 8,84 acres; and WHEREAS, the City of Boynton Beach hereby exercises its option to : following tract of land as hereinafter described, in accordance with Ii: ~tion 7 (32) of the Charter of the City andSection 171.044, and 171.062(2), Flodda Statutes; and WHEREA~, said tract of land lying and being within Palm Beach County is contiguous to the existing city limits of the City of Boynton Beach, and will, upon its annexation, constitute a reasonably compact addition to the City territory. NOW, Section THEREFORE, BE I'T ORDAI'NED BY THE CITY THE Ct'TY OF BOYNTON BEACH, FLORZDA, THAT: Pursuant to Article I, Section 7 (32) of the Charter of ' of Boynton Beach, Florida and Section 171.044, Florida Statutes the following oescdbed unincorporated and contiguous tract of land situated and lying and being in the County of Palm Beach, Florida, to wit: The East one-half of the East one-half of the Northwest one-quarter of the Northeast one- quarter of Section 7, Township 45 South. Range 43 East. Said lands situate, lying and being in Palm Beach County, Florida. Subject to Easements and Rights-of-Way of Record. Containing approximately 8.84 acres of land is hereby annexed to the City of Boynton Beach, Flodda, and such land so annexed shall be and become part of the City with the same force and effect ~s though the same had been originally incorporated in the territorial boundaries thereof. Section'2: That Section 6 and 6(a) of the Charter of the City of Boynton .~ach, Florida; is. hereby amended to reflect-the annexation 'of said tract~ of land nore pa'~d~Jtady ,descdbed 'in Section,l of this Ordinance. Section 3: That by Ordinances adopted simutaneousy herewth, the ~roperQty zon ng designaton, and LandUse,category,:js, being,determ ned as Section 4. All ordinancesor pa~ of ordinances in,conflict herewith are ~ereby repealed. Section 5: Should any section or provision of this Ordinance or any Drtion thereof be declared by a court of competent jurisdiction to be invalid, such lecision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall not be passed until the same has been dvertised for two (2) consecutive weeks in a newspaper'of general circulation in ne City of Boynton Beach, Florida, as required by the City Charter and Section 71.04~, Florida Statutes. This ordinance shall become effective immediately upon Section 7. essage. Section 8. Section 9. Spedfic authority is hereby given to codify this Ordinance. This ordinance, after adoption, shall be filed with the Clerk of ~he Circuit Court of Palm Beach County, Florida. FIRST READING this day of ,2001. SECOND, FINAL READING and PASSAGE this day of , 2002. ~TTEST: City Clerk Corporate Seal) :ca\Ord~nexatJon - CaNary Church,.21 ~.0~. C~rY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Requested City Commigsio'fi: Meet/n~ Dates_ '~ November 20, 2001 [] December 4, 2001 [] December 18, 2001 [] January 2, 2002 XlI.- LEGAL ITEM B.5 CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FOI ,. Date Final Form Must be Turned i_n t~ City Clerk's Office November 7, 2001 (5:00 p.n~ November 21,200[ (5:00p.m.) December 5, 2001 (5:00 p.m December 19,~2001 (.~:00 p.m.j Date Final Form Musr 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 (5:00p.m.) February 20, 2002 (5:00 p.m. NATURE OF AGENDA ITEM [] Adminis~afive [] Development Plans --1 Consent Agenda [] New Business [] Public Hearmg [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this reques~ on/ae December 18, 2001 City Commission Agenda under Legal, Ordinaxtce - First Reading. The City Commission unanimously approved this request at its December 4, 2001 meeting under Public Heating. For further details pertaining to the request, see Deparunem of Devalopment Mem°randum N°' PZ 01-221. EXPLANATION: PROJECT NAME: AGENT: oWNER: LOCATION: DESCRIPTION: CALVARY CHAPEL OF BOYNTON BEACH James Barretta Calvary Chapel of Boynton Beach South side of Hypoluxo Road approxnnately 1,200 feet west of Congress Avenue Request Land Use Amendment from HR-8 (Palm Beach County Designation) to Moderate Density Single Family Residential (MoDR) and to rezone fxom Aghcultural- Residential (Palm Beach County Zoning) to Planned Unit Development (PUD). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A City Manager's Signature Planning and Zoffu~ Director City Attorney Finance Human Resources S:kPlanningkSI-LPtRED\WPkPRO~ECTS\Calvary Chapel Boymon BeachkLUAR~Agenda Item Request Calvary Chapel LUAR 1st reading S:~BULLETIN~OKMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING WEST OF THE CHAPEL); ~CITY BY ELEMENT OF BY BEING q WHEREAS, i/he Ci.ty Commission of the City of Boymon Beach, Florida has Jse Plan and as part of said Plan a Furore Land Use )rdinance No. 89-38 in accordance with the Local Government Comprehensive and~ WItEREA/S, the procedure for amendment of a Future Land Use Element of a as set forth in Chapter 163, Florida Statutes has been followed; and WltEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the e Plan as adopted by the City.herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as Moderate Density Residential (City). Said land is more particularly described as follows: The East one-half of the East one-half of the Northwest one- quarter of the Northeast one-quarter of Section 7, township 45 South, Range 43 East. Said lands situate, lying and being in Palm Beach County, Florida. Subject to Easements and Rights-of-Way of Record. Containing approximately 8.84 acres of land. Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or pans of ordinances in conflict herewith are hereby repealed. S.ection.4: Should any section or provision of this Ordinance or any portion thereof be declared by-~' court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: _: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance ofafinal order finding it in compliance. FIRST READING this day of ,2001. SECOND, FINAL READING and PASSAGE this day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) i:caknl Land U~e Calvary Church 121101 Requested City CommissiOn: Meetinr~ Dates [] November 20, 2001 [] December 4, 2001 [] December 18, 2001 [] January2. 2002 XTI. - LEGAL ITEH B.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Comrrassion Meetine 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 November 7, 2001 (5:00 p.r~) November 21,200I (5:00 p.m.I December 5, 2001 (5:00 p.m.) December 19,2001 (5:00 p.m.) 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.~ Febnlary 20, 2002 (5:00 p.m. NATIYRE OF AGENDA ITEM [] Adr~inietrafive [] Development Plans [] Coment Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UnflnlshedBusiness [] Announcement [] Presentatkm [] City Manager's Report RECOMMENDATION: Please place this request on the December 18, 2001 City Commission Agenda under Legal, Ordinance - First Reading. The City Co--,,;ssion nnanimously approved this request at its December 4, 2001 meeting trader Public Hearing. For fup-her details pertzining to the request, see Depertment of Development Memorandum No. pz 01-221. EXPLANATION: PROJECT NAME: AGENT: OWNEI~ LOCATION: DESCRIPTION: CALVARY CHAPEL OF BOYNTON BEACH Jame~ Barretta Calvary Chapel of Boynton Beach South side of Hypoluxo Road approximately 1,200 feet west of Congress Avenue Request Land Use Amendment from HR-8 (Palm Beach County Designation) to Moderate Density Single Family Residential (MoDR) and to rezoue from Agricultural- Residential {Palm Beach County Zoning) to Planned Unit Development (PUD). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D eve 1 o~m~°D e~-t~D~ ctor City Managers Signature and Zo~al~ Director City Attorney / Finance / Human Resources S:XPlanning~SHARED\WI~PROJECTS~Calvary Chapel Boynm BeaehhLUAR~$enda Item Request Calvary ChapeI.LUAR I$t reading 12-I 8-01.dot S 5BULLETIN~ORM$~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON,:. BEACH, ,FLORIDA, REGARDING THE AI~pI~icATION OF THE CALVARY cmmcH ~'A - 8.84 ^ca~ PARCEL LOCATED AT iftE~SOUTH SDE o~ ~o~o 1,29o ~gT ,V~SX iV Si 91- 70 ( I~OR TO (PUD); DATE. WHEREAS, the City Comrmssion of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, the CALVARY CHURCH, as owner of the property, more r described hereinafter, has heretofore filed a Petition, through their agent, Barretta, puts-ant to Section 9 of Appendix A-Zoning, of the Code of r of Boynton Beach, Florida, for the purpose of rezoning a certmn !land consisting of + 8.84 acres, said land being more particularly described from AR (Palm Beach County) to PUD (Planned Unit Development'); and WItEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boymon Beach, Florida as set forth as follows: The East one-half of the East one-half of the Northwest one-quarter of the Northeast one-quarter of Section 7, township 45 South, Range 43 East. Said lands situate, lying and being in Palm Beach County, Florida. Subject to Easements and Rights-of-Way of Record. Containing approximately 8.84 acres of land. and the same is hereby rezoned from AR (Palm Beach County) m PUD (planned Unit )evelopment) A location map is attached hereto as Exhibit "A" and made a part of this )rdinance by reference. Attached as Exhibit "B" is a copy of the conditions/reqmrements ,r this rezonmg, which are incorporated herein. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended ~ccordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby epealed. Section 4: Should any section or pmwsion of this Ordinance or any portion hereof be declared by a court of competent jurisdiction m be invalid, such decision shall mt affect the remainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. FIRST READING this day of ,2001. SECOND, FINAL READING and PASSAGE this day of ,2001. CITY OF BOY-NTON BB~AGH~ F~LORID:A:. Mayor Vice Mayor Co ~ssioncr Comnl/ssioner Commissioner ATTEST: City Clerk (Corporate Seal) s:ca\Ord~Rezoaing Calvary Church LOCATION MAP EXHIBIT "A" Calvary ChaPel of BoYn~on Beach EXHIBIT "8" Project name: Calvary Chapel Conditions of Approval & Zoning date stamp marking of Conditions of Approval 2 DEPARTS INCLUDE P~JECTI 4. At time of permit_ 'txeview, submit signed and sealed working drawings of the . ~l proposed cnn~truci~on. 5. At time of permit review, subrmt a copy of the recorded resolution tha ~erifies the abandonment of the FPL easement located in the middle of the subject propertT. 6. Add to the submittal a partial elevation view drawing of the proposed perimeter fence. Identify the type of the fence material and the type of material that supports the fence, including the typical distance between supports. Also, provide a typical section View drawing of the fence that · includes the depth that the fence supports are below finish grade and the height that the fence is above finish grade. The location and height of the f~llce shall ~.~mpl¥ with the fence r¢~ulatioha specified in thezonin~ Code. 7. At the time ofpcmdt review, submit for review an addressing plan for the project. pARKS AzND RECREATION Comments: None FORESTEtUENVIRONMENTALIST Comments: 8. Trees with roots known to cause damage to public roadways or other public works, such as $~xangler Figs shall not be planted (Chapter 7.5, Article II, Section 5.C.2.). The proposed Strangler Fig in the daycare area shall either be omitted or replaced with a permitted species. PLANNING AND ZONING Commentq: 9. The project is being reviewed as a Master Plan and Phase I site plan only. Separate site plan approval will be required for all subsequent phases as described herein. 10.'in order to construct a bridge across the canal onto Hypoluxo Road, this .. project must obtain authorization from all applicable permitting agencies prior tn the issuance of any building permits. In addition, provide documentation, such as an access easement, that the site has legal ingress/egress from Hypoluxo Road. 11. The landscal~ plan shall include the following notes, "FDOT Type D or F curb shall be provided alon$ the perimeter of all landscape islands". DEPARTMENTS INCLUDE REJECT 12. Indicate the distance the monument sign will be from the property line. The ~ monument sisn must be at least 10 feet from the propert7 line. 13. The directional signs #2aud #3 shall be installed ~ur/ng phase 2 and subsequent pha~es ~fth~ Mastei-' Plato , 14. In the tabular data on the Master Plan, eliminate curry 5.g (other pervious 0 acres/. . 15. On th~ Master Plan, ;correct the total number of required parl~ing spaces in the tabular format for th~ youth mee~g room so th&t the ;~bg~l~ nuTmh~ matches thenumbarofrequ~ parking ,paces shown0mtheptan.: : . ........ 16.___~.~_On th~ Master__ ,:cPlan tubular data~ '~e ~.etb. agk. LU~ ~.r!~. _t~on ium~ rn~ch~ 17. Sculpt.es, fountair~, gardens, pogls2 and bang,es, s~!l be. ~a¢gUmged ,Mthin 18. All above ground mechanical eqmpment such as exterior uul,ty boxes, n-~ter$ and Uansfo {.ftys slmllbe Vis~ially sc~ed (chkpter 9 section 19. The proposed monura, ent s~l~n shall clearly' mdtcate the sate address. 20. Palm Beach County ]rra~. ,c Division recommends exclusive lef~ and right- turn l%pes are to be l~'ovided (in cases where there are no existing mm lanes) at the ~roject access ~lriveway. 21. Palm B~ each County ~raffic Division recommends safety measures be · implerhented to accoiumodate, project uaffic exiting the project access driveWay. ADDITIONAL Pi~2.,~{.,~ -,~u' .AND DEVELOPMENT BOARD CONDITIONS ~. CommeTlt$: 22. To be determined. ADDn/ONAL CITY COMM/SSION CONDITIONS Commenta: 23. To be detm'mmed. \\C FIXMAIN~ HRDATAWIannins~SHARED\WP',PROJECTS\Calvary Chapel Boynton BeachhNWSPXCondition of Approval 2 page r~vis~i 2001 form.doc DEVELOPS. AT ORDER OF THE CITY COMMI.' ON OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Calyary Chapel of Boynton Beach APPLICANT'S AGENT: James Barretta APPLICANT'S ADDRESS: 5484 Woodland Drive, Delray Beach, FL 33484 DATE OF HEARINC~: RATIFICATION BEFORE CITY COMMISSION: December 4, 2001 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: 3190 Hypoluxo Road DRAWING(S): SEE EXHI BIT "B" ATTACHED HERETO, _X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appeanng 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 MA'I-I'ER 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 sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 for relief is hereby GRANTED subject to the conditions referenced in paracjraph 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~SHARED\WP~'ROJECTS\Calva~, Chal3el Boynton Beac~NWSl:~Develo~,On:ler Form-2001~Revised.doc X1*I. - LEGAL ITEM C,1 RESOLUTION NO. R 01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, _5 AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, ESTABLISHING THE CITY AS FISCAL AGENT FOR THE MPSCC COMM~qlCATIONS PROJECT; AND PROVIDING AN EFFECTIVE DATE. WI-IEREAS, the Municipal Public Safety Communications Consortium M~PSCC) was formed through the cooperative efforts of the Criminal Justice ~ommission (CJC) and various mumclpalities to plan and implement an interoperable oumywide municipal public safety radio commUmcations system; and WItEREAS, the County through its Criminal Justice commission (CJC) administers the Federal Local Law Enforcement Block Grant (LLEBG); and WItEREAS, the City has agreed to serve as the fiscal agent for the MPSCC's adio communication system project, and will administer all of the financial, procurement and contract management aspects of the federal LLEBG grant funds on behalf of the MPSCC; and WltEREAS, the county agrees to reimburse the City utilizing federal LLEBG funds for the costs of necessary services, including but not limited to contractual ~bligations, capital equipment acquisition, operating expenses and personnel costs in a :otal amount not to exceed $350,000, which payment shall constitute the entire financial ~bligation on behalf of the County for the period commencing 10/1/01 and t=m,lnating on 7/30/03; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section'l'. Each Whereas c[ause~ set forth above ~is true and correct , this reference. Section 2. The Mayor and City Clerk are hereby authorized to execute an Interlocal Agreement between the City of Boynton Beach and The Board of County Commissioners, PalmBeach County, which Agreement is attached hereto as Exhibit "A".. Section 3. That this Resolution shall become effective immediately upon PASSED AND ADOPTED this day of December, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) Requested Cit7 Commission Meeting Dates . _. [] November 20.2001 ] December 4. 2001 [] December I8. 2001 [] January 2, 2002 XII. - LEGAL ITEM C.! CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit-, 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 ~9,2001 (5:00 Requested City Comrmssmn Meeting Da~es [] January 15. 2002 [] February 5 2002 [] February 19.2002 [] March 5. 2002 Date Final Form Must be Turned in to Citw Clerk's Office January 3, 2002 (5:00 p.m.) January i6, 2002 (5:00 p.m February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATU~E OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: City Commission approve two Resolutions R - with Palm Beach County (the County) and the second R- with the Municipal Public Safety Communications Consortium (MPSCC) authorizing the Mayor and City Attorney to execute the agreements establishing the City of Boynton Beach as fiscal agent for the Municipal Public Safety Communications Consortium (MPSCC) over the federal Law Enforcement Block Grant (LLEBG) for the municipal public safety radio communications system for the time specified in the resolution. EXPLANATION: Palm Beach County through its Criminal Justice Commission (CJC) administers the Federal, LLEBG and specifically in this matter the grant funds for the MPSCC radio communications system project. The LLEBG for the radio communications system project is two years commencing on October 1, 2001 and terminating on September 30. 2003 in the amount of Three Hundred Fifty Thousand Dollars ($350,000). The City would agree to serve as the fiscal agent for the MPSCC's radio communications system project. As the fiscal agent, the City would administer all of the financial, procurement and contract management aspects of the federal LLEBG grant funds on behalf of the MPSCC. The County would reimburse the City utilizing the federal LLEBG funds for the cost of necessary services,.including but not limited to contractual obligations, capital equipment acquisition, operating expenses and personnel costs within the grant amount (see exhibit "A'). The MPSCC is making this request because the organization currently does not meet the County criteria for County administration of grant funds. The City would be able to work more closely with the MPSCC administrator and board chairman to handle LLEBG communications system project matters efficiently and effectively. Process: The MPSCC administrator is currently coordinating the M~SCC business tthrough the CJC, the CJC will submit invoices and financial reports to the City for processing and review. The City will then submit the invoices to the County for reimbursement. PROGRAM IMPACT: The City is a member of the MPSCC and holds a seat on the board of directors. The City finance department has experience with federal block grants and would spend no more than three hours per month on fiscal agent duties for the MPSCC. J FISCAL IMPACT: The 3/IPSCC fiscal agent responsibility would have no inapact on the current City budget, as the LLBG communications system project activities are direct reimbursements. We expect expense/invoice approval from the County prior to submitting payment. S:~BULLETIN~FORMS'~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Do not approve the resolution and the MPSCC would ~aeed to seek another jurisdiction to act as MPSCC tis'cai-agent fo? th_e LLBG funds;- Department Iliad s S~gnamre Departnient Name City Manager's S~gnamre ~CityAttorfi~7:Fifla~ce ) Hroman Res0ur~es S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC INTERLOCAL AGREEMENT BETWEEN TI~ CITY OF BOYNTONBEACH, FLORIDA AND THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, FLORIDA, ESTABLISHING TR~, CITY AS FISCAL AGENT FOR THE MPSCC COMMIffNICATIONS PROJECT THIS INTERLOCAL AGREEMENT is entered into this __ day of December, 2001 by and between the City of Boynton Beach, a municipal corporation, located at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425 (herein referred to as the "CITY") and the Board of County Commissioners, Beach County, Florida WITNE$SETH: WI!ERE~, Section 163~01 of~e Flori~ Statutes, ~nown as the Florida Interloca~ Cooperation Aot.o~ 1969, authorizes lo¢~ gog~mmental uni~ to make the most efficient use of then powers by enabling them to cooperate ~th 0thor toealifieS 0i~ a basis of mutual advantage and thereby to proxdde services and facili~es in a manner and pursuant to forms of governmental organization that will,a~ord be~t with geog~aphic~eConomic, p~iilation and other factors influencing tI~ needs and development 0~local communities; and ~AS, Part I of Cha, ~pfrcr~ 163 of the Florida Statutes permits public agencies'as deemed therein to ent~r:~tu interlocal agreefl~ents with each o~.er to exercise jointly any power, privilege; or authority which,such ~gencies.sharO in common and which each might exercise separately; and the~CO~ through its Criminal, Justice Commission (CIC) administers the Federal, Lo6al I~ax~ Enforeemef~t Block Grant (LLEBG); and Wlt~EREAS, the purpose of the LLEBG is to provide local units of government with funds to underwrite projects to reduce crime and improve public safety; and WI~REAS,St has been determined that the planning and development ofaninteroperable:Countywide municipal public safety comm~mications system will-allow municipal public safety agencies to improve their provision of publdc safety services by virtue of enhanced inter-agency communications and cooperation; and WIIEREAS, the Municipal Publie Safety Communications Consortium (MPSCC) was formed through the gooperative efforts of the CJC and the various muineipalities to plan and implement an interoperable Coantywide municipal public safety radio communications system; and Wltl*~REAS, the CITY has joined 22 other municipalities located within Palm Beach County to form the MPSCC and the CITY tins long been involved with the improvement of public safety comnmnicatious; and. Page 1 of 5 WI~REAS, it is mutually beneficial to the CITY and the COUNTY for the CITY to assist the MPSCC by acting as its fiscal agent in order to further'the progress of the communications project; NOW, TItEREFORE, in consideration of the parties hereto agree as follbWs:. ~' '~ ~':. mutual covenants,, promises and representations herein, the SECTION LP~R-POSE - A. The CITY agrees that it shall serve as the fiscal agent for the Municipal Public Safety Communications .£ ~of Consortium, '[:he COUNTY necessar3 Hundred Fifty Thousand ff the 2003 as on ~the CITY shall received fa'om the salCl lllVOl~e; Finance Department for payment. SEc ON 2., ico mmoNs then A. Both the.COUNTY and the CITY a~ee to he, governed by this Agreement, as well as applicable Statue and Federal iaWs,,~les.and regUlations including those related to the Local Law Enforcement Block B. Modification of this Agreement may be requested by either party. Changes which are mutually agreed upon shall be ~d only whenreduced towriting, dulygigned by each.partes representative and attached to the'original Agreement. SECTION 3.LIABILITY The CITY as a state agency agrees to be fully responsible as set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions or tortuous acts.which .result in claims..or suits against the COUNTY and agrees to be liable to the limits set forth ,m. S ,e~on. 7.6.8.2. 8, ,Fl,o,nda Statutes, for or omissions Nothm hereto is m[en(len [o serve as awatver damages proximately caused by said acts ' ' · g Page 2 of 5 sovereign immunity by the CITY to which sovereign immunity applies. Nothing herein shall be construed as.c.onsent by a State agency or subdivision ofthe St,4t~'ofFloridato be sued by th/rd parties in any matter arising out of any contract. B. The COUNTY, as political subdivision of the State, agrees to be fully responsible as set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions or mrmons acts which result in ¢laim.q or suits against th~ C. ITY, and shall be liable to the limits set £o..r~h in Section 768.28, Florida Statute for any damages proxiinat~ly caused by said acts Or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity.by the COUNTY to which sovereign immunity applies. Nothing herein shall be construed as consent to be sued by third parties in any matter arising out of any contract. SECTION 4. TERM/NATION This Agreement may be terminated withou[ cause by either party to this Agreemem upon one hundred eighty (180) days written notice to the other party. SECTION 5.NOTICE AND CONTACT A. All notices provided under or pursuant to the Agreement shall be in writing, delivered either by hand or by first class, certified mail, return receipt requested, to the representatives identified below at the address set forth below. For the COUNTY: Ms. L. Diana Cnnningh~ Executive Director Criminal Justice Commission 301 N. Olive Ave., Suite 1001 West Palm Beach, Florida 33401 For the CITY: Mr. ~///fred Hawk/ns s~s ~ C~ 100 E. Bo~n Beach Blvd. Boston B~ FL 33425 SECTION 6. AVAILABILITY OF FUNDS The County's performance and obligation to pay under this agreement-is contingent upon appropriations for its purpose by the Board of County Commissioners. SECTION 7. ENTIRETY OF AGREEMENT The parties agree that this Agreement sets forth the entire agreement between the parties, and there are no promises or understandings other than those stated herein. SECTION 8. INVALIDITY OF CLAUSES The validity of any portion, article, section, paragraph, provision, clause, or any portion thereof of this Agreement shall have no effect upon the validity of any other part or poffion hereof. Page 3 of 5 SECTION 9. VENUE To the extent allowed by !aw, the venue for any action arising t~om this Agreement shall be in Palm Beach,__.. County, Florida. · SECTION 10; ATTORNEY'S FBBS ~,,,, o~t~ ,,r,,~o~Aq (iiicludin~ reasonable attorney's fees)associated with the enforcement of the terms and/or conditions ofthls Agreement shall be.home by the respectave partaes, however~ this clause pertam.q only to the parties to this Agreement. SECTION 11. DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the officers of the CITY and COUNTY. SECTION 12. EQUAL OPPORTUNITY PROVISION The COUNTY and the CITY agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status or sexual orientation be excluded from the benefits of, or be subjected to, any form of discrimination under any activity carried out b~ the performance of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. ATTEST FOR THE CITY OF BOYNTON BEACH, FLORIDA: By: Gerald Broening, Mayor Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant City Attorney Page 4 of 5 ATTEST FOR PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS: DOROTHY H. WILKEN By: . By: Deputy Clerk Date: Date: Warren H. Newell Chairman APPROVED AS TO TERMS & CONDITIONS By: By: Department Director APPROVED AS TO FORM AND LEGAL SUFFICIENCY Assistant County Attorney Page 5 of 5 Con~racmal Services* Salaries** Legal Services Audit Equipment Travel & Training Total * Exiting Kimball invoice Project Management Administration ** Thru Dec 2001 Exhibit A MI~SCC FY 2002 252,353 15,372 24,000 10,000 5,000 37,275 6,000 350,000 51,653 101,200 99,500 252,353 XII. - LEGAL ITEM C.2. RESOLUTION NO. R 01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND TItE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF PALM BEACH COUNTY, INC., ESTABLISHING THE 'CITY AS FISCAL AGENT FOR THE MPSCC COI~MUNICATIONS PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Municipal Public Safety Communications Consortium 'M2PSCC) was formed through the cooperative efforts of the Cr/mlnal Justice Commission (CJC] and Vanous municipalities to plan and implement an interoperable Countywide municipal public safety radio communication~ system; and WltEREAS, the MPSCC is eligible to receive funds from the Federal, Local Law Enforcement Block Grant (LLEBG); and WI-IEREAS, the 'City has agreed to serve as the fiscal agent for the MPSCC's adio communication syg'tem project, and will administer all of the financial, procurement nd contract management aspects of the federal LLEBG grant funds on behalf of the 5dPSCC; and NOW, TI~.REFORE, BE IT RESOLVED BY THE CITY COMMISSION )F ~ CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct ~d incorporated herein by this reference. Section 2. The Mayor and City Clerk are hereby authorized to execute an Agreement between the City of Boynton Beach and The municipal Public Safety Communications Consortium of Palm Beach County, which Agreement is attached hereto as Exhibit "A". S'~cti~n 3. That this Res61ution shall become effective immediately aport PASSED AND .ADoI~rED this day of December, 2001. CITY OF BORON BEACH, FLORIDA Mayor Vice Mayor Comnussioner Commissioner Commissioner Clerk KeauestedCt~y Commission Meetin~ Dates [-" November 20, 2001 [] December 4. 2001 [] December 18. 2001 [] January 2, 2002 XII, - LEGAL ITEM C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR , Date Final Form Must be Turned in to City Clerk's Oftice November 7. 2001 (5:00 p.m.) ,.November 21. 2001 5:00 p.m. December 5,2001 5:00 p.m.) Decerabe~ 19, 20Ol (5:00 Requested Cit3 Coramtss~on Meeun~ Dates '~ January. 15. 2002 [] Februar~ 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 rxm. January 16. 2002 (5:00 FebruaD 6. 2002 (5:00 February 20, 2002 (5:00 p.m. NATURE OF AGENDA ITEM [] Admimstrauve [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentanon [] City Manager's Report RECOM34ENDATION: City Commission approve two Resolutions R - with Palm Beach County (the County} and the second R- with the Municipal Public Safety Communications Consortium (MPSCC) authorizing the Mayor and City Attorney to execute the agreements establishing the City of Boymon Beach as fiscal agent for the Municipal Public Safety Communications Consortium (MPSCC) over the federal Law Enforcement Block Grant (LLEBG) for the municipal public safety radio communications system for the time specified in the resolution. EXPLANATION: Palm Beach County through its Criminal Justice Commission (CJC) administers the Federat. LLEBG and specifically in this matter the grant funds for the MPSCC radio communications system project. The LLEBG for the radio communications system project is two years commencing on October 1. 2001 and terminating on September 30. 2003 in the amount of Three Hundred Fifty Thousand Dollars ($350,000). The City would agree to serve as the fiscal agent for the MPSCC's radio communications system project. AS the fiscal agent, the City would administer all of the financial, procurement and contract management aspects of the federal LLEBG grant funds on behalf of the MPSCC. The County would reimburse the City utilizing the federal LLEBG funds for the cost of necessary services, including but not limited to contractual obligations, capital equipment acquisition, operating expenses and personnel costs within the grant amount {see exhibit "A"). The MPSCC is making this request because the organization currently does not meet the County criteria for County administration of grant funds. The City would be able to work more closely with the MPSCC administrator and board chairman to handle LLEBG communications system protect matters efficiently and effectively. Process: The MPSCC administrator is currently coordinating the MPSCC business through the CJC. the CJC will submit invoices and financial reports to the City for processing and review. The City will then submit the invoices to the County for reimbursement. PROGRAM IMPACT: The City is a member of the MPSCC and holds a seat on the board of directors. The City fmance department has experience with federal block grants and would spend no more than three hours per month on fiscal agent duties for the M~SCC. FISCAL IMPACT: The MPSCC fiscal agent responsibility would have no impact on the current City budget, as the LLBG communications system project activities are direct reimbursements. We expect expense/invoice approval from the County prior to submitting payment. SABULLETIN~FOR/vlS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH ALTERNATI~S: Do not approve the resolution and the MPSCC would need to seekr another jurisdiction te act as MPSCCfi~al-:~gefit for the L~BG funds~ w - //~ Department Head s Signature ~'*'C~ty Manager s Stgnamre Dep~-~nen~ Name {,/' City AttomLd~ 7 Finance / Human Resources S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTONBEACH, FLORIDA AND THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF, PALM BEACH COUNTY, INC ESTABLISHING TI~rE CITY AS FISCAL AGENT FOR THE CONSORTIUM THIS INTERLOCAL AGREEMENT is entered into this __ day of ,2001 by and between the City of Boynton Beach, a municipal corporation, located at 100 E. Boynton Boulevard, Boynton Beach, Florida 33425 (herein referred to as the "CITY")and the .Municipal Public Safety Communications · Consortium or. Palm Beach County Inc., a municipal not, for~profit corporation located at 260 Orange Tree Drive, Atlantis, Florida, 33462, (herein'referred to as.the"MPSCC"). WITNESSETH: WHEREAS, Section 163.01 of the Florida Statutes, known as the Florida Interlocal Cooperation Act of 1969,: authorizes local governmental units to make the most efficient use of their powem by enabling them to c00pgrme witt~ other localities; on a basis of mutual advantage and thereby ~o provide services and facilities in a manner andpursuant to forms ofgovernmental organization that will accord best with geographic, economic, population and other factors infhiencing the needs and development of local cormnunities; and VOtEREAS, Part I of Chapter 163 of the Florida Statutes permits.public agencies as defined therein to enter into Jnterlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the MPSCC is eligible to receive funds from the Federal, Local Law Enforcement Block Grant (LLEBG); and WItEREAS, the purpose of the LLEBG is to provide local units of government with funds to underwrite projects to reduce crime and improve public safety; and WHEREAS', it has been determined that the planning and development of an interoperable Countywide murncipal public safety communications system will allow mumcipal public safety agencies to improve their provision of public safet~ services by virtue of enhanced inter-agency communications and co- operation; and WHEREAS, the Municipal Public Safety Communications Consortium (MPSCC) was formed through the coopcmt£ve efforts of the CJC and the various municipalities to plan and implement an interoperable Countywide municipal public safety radio 'communications system; and V/HEREAS; the CITY has joined 23 other municipalities located within Palm Beach County to form the lVlPSCC and the CITY has long been involved with the improvement of public safety communications; and Page 1 of 4 WHEREAS, it is mutually beneficial to the CITY and the MPSCC for the CITY to assist the MPSCC by acting as its fiscal agent in Order to further the progress ofthe commtmications project; NOW, TI-IF~REFORE, in consideration of-the mutual covenants, promises and representations herein, the parties hereto agree as follows: ' ~' ".' - SECTION 1.PURPOSE A. The CITY agrees that it shall serve as the fiscal agent for the Municipal Public Safety Communications Consomum's~communicalions prgje,ct. As Fiscal agent, the CITY will administer all of the financial, procurement and contradt, management~aspetts of~the~ federal::LLEBG: grant funds onbehalt~ of the Consortium in a total mount no~ to exceed Three Hundred Fifty. Thousand DOllars ($350,000) which payment shall constitute the entire ~i~eiai~.oh!ig3.'tion on behalf of the MPSCC for the period commencing on October 1, 2001 and terminating 0n SePtember 30, 2003 as contained in Exhibit "A" incorporated herein by re~ference: - B. ~ ~greement shall beretroactiVe and effective :as or'the:first day of October 200~ anti'shall tennlnate thei~eOi:d~Y af,Septembe, 2003, ~s 0therwise,terminat~kt'as ~herein pmvSded. SECTION 2. GENERAL TERMS AND CONDITIONS A. Both~.the CITY and the MPSCC agree tobe governed by this Agreement, as.well as applicable State and~ Federal laws, roles and regulations including those related to the Local Law Enforcement Block Grant.~.? B. Modification of this Agreement may be requested by either party. Changes which are mutually agreed upon shall be valid only when reduced to ~rriting, duly signed by each p ar ty'.s representati~ve and attached to the original Agreement. SECTION 3. LIABILITY The CITY as a state agency agrees to be fully responsible as set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions or tortuous acts which result in claims or suits against the MPSCC and agrees to be liable to the limits set forth in Section 768.28, Florida Statutes, for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the CITY m which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. The MPSCC, as an administrative agency created under the Florida Statutes, agrees to be fully responsible as set forth in Section 163.01, Florida Statutes, for its own negligent acts or omismons or tortuous acts which result in claims or suits against the CITY, and shall be liable to the limits set forth in Section 163.01, F.S. for any damages proximately cansedby said~acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the MPSCC to which sovereign immunity applies. Nothing herein shall be construed as consent to be sued by third parties in any matter arising, out of any contract. Page 2 of 4 SECTION 4. TERMINATION This Agreement may be terminated without cause by either party to this Agreement upon one hundred eighty (180) days written notice to the other party. SECTION 5. NOTICI~ AND CONTACT A. All notices provided under or pursuant to the Agreement shallbe in writing, delivered either by hand or by first class, certified mail, return receipt requested, to the representatives identified below at the address set forth below. For the MPSCC: For the CITY: Mr. Robert Mangold Chairman Municipak Pubtiq Safety Communications Consortium ofpalm Beach County Inc., a Florida municipal not-for-profit corporation 260 Orange Tree Drive Atlantis, Florida 33462 l~r. Wilfred tta~kins Assistant City~ llanmger City of Boynton Beach 100 E. Boynton Beach Blvd. West Pahn Beach, FL 33425 SECTION 6. ENTIRETY OF AGREEMENT The parties agree that this Agreement sets forth the entire agreement between the parties, and there are no promises or understandings other than those stated herein. SECTION 7. INVALIDITY OF CLAUSES The validity of any portion, article, section, paragraph, provision, clause, or any portion thereof of this Agreement shall have no effect upon the validity of any other part or portion hereof. SECTION 8. VENUE To the extent allowed by law, the venue for any action arising from this Agreement shall be in Palm Beach County, Florida. SECTION 9. ATTORNEY'S FEES Any costs or expenses (including reasonable attorney s fee ) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties, however, this clause pertains only to the parties to this Agreement. Page 3 of 4 SECTION 10. DELEGATION OF DUTY Nothingthe officers contained of the CITY herein and shall MPSCC. be deemed to authorize the delegation of the constimtionai or statutory duties of SECTION 11. EQUAL OPPORTUNITY PROVISION The CITY and the ~MPSCC agree that no person shall, on the grounds of race, color, sex, national origin, disability, religi0ni aneestw, marital status or sexual orien[ation he,excluded from ~e benefits of, or be subjected to, any form of discrim~uation under any activity carried out by the performance of this Agreement. IN WITNESS WHEREOF,~ the parties have executed this Agreement as or.the date set forth above ATTEST FOR THE CITY OF BOYNTON BEACH;;FLORI~A: ~ By:. Date: Gerald Broening, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY Assistant City Attorney ATTEST FOR THE MUNICIPAL i)UBLIC SAFETY COMMUNICATIONS CONSORTIUM OF PALM BEACH COUNTYINC., BY THE CHAIRMAN OF THE BOARD OF DIRECTORS: By: Date: Robert Mangold, Chairman Page 4 of 4