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Agenda 12-04-01The City of 100 E. Boynton Beach Boulevard (561) 742-6000 City Commission AGENDA DECEMBER 4. 2001 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Mack McCray Commissioner District 11 Mike Ferguson Disfrict III Charlie Fisher Commissioner District iV Kurt Bressner City Manager DIS DISTR ;T :T I! Visit our Web site www.ci.boynton-beach.fi.us ~1~ '~ l~#i#l~li~#! ~,/t~t b'~l#l ?~r ~ /lllll~#111#,e WELCOME Thank you for attending the City Comm ssion Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT C~'Y OF BOYNTON BEACH COMMISSION MEETrNGS THE AGENDA: There is an offtc!a! agenda for every meeting of the City Commissioners, which determines the order of business conduCted at the meeting. The City Commiss on w l not take action upon any matter, proposal, or item of businesS, ~hich is not 1~d upon ti~e official agenda~ unless a rnajorit~: of'the COn:imi~sion has ~rst consented to the presentation for consideration and actio~ · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. -- Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular vbice vote with "Ayes & Nays" or by a roil call vote. SPEAK];NG AT COMMISSION MEETLNGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. -- · Public Hearings: Any citizen may speak on a~ official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Items: Any citizen may speak on any offidal agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When 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 Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beac~ Boulevard, Boynton Beach. All regular meetings are held typically on the.first and third Tuesdays of ever~ month, starting at 6:30 p.m, (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). December 4, 2001 CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. T. OPENINGS: A. Call to Order- Mayor Gerald Broening B. Invocation - Rev. Dr. Marshall Cook, Boynton Beach Congregational Church C. pledge of Allegiance to the Flag led by Mayor Broening D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · G~VE ZT TO THE CZ'fY CLERI( (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LZMZI'ED TO 3-MINUTE PRESENTA'rZOHS AT 6:30 P.M. NOn-Ad ~iorem Special III. OTHER: A, Informational Items by Members of the City Commission CZTY OF BOYNTON BEACH AGENDA REGULAR CZTY COMMZSS'rON MEETZNG DECEMBER 4.~, 200~. Appointment To Be Made McCray Ferguson Fishei' Mayor Broening I Weiland III Ferguson [V Fisher [V Fisher Mayor Broening El Ferguson Mayor Broening Mayor Broening Mayor Broening V. ADM'[NZSTRAT'ZVE: Accept resignation of Sarah Williams, Regular Member, Code Compliance Board Appointments to be made: Length of Term Board Expiration Date Children & Youth Advisory Bd Stu/Reg/NonVoting Children & Youth Advisory Bd Stu/Reg/Voting Children & Youth Advisory Bd Reg. 1 yr term to 4./02 t yr term to 4./02 2 yr term to 4./03 Bldg. Bd of Adj & Appeals Reg Bldg. Bcl of A0j & Appeals Alt 3 yr term to 4-/04 1 yr term to 4./02 Cemetery Board Alt :1 yr term to 4./02 Code Compliance Board Reg 3 yr term to 4/03 Community RelaUons Board Reg Community Relations Board Alt 3 yr term to 4/04 I yr term to 4/02 Education Advisory Board Alt 1 yr term to 4./02 Library Board Alt I yr term to 4./02 1 yr term to 4/02 Nuisance Abatement Board Alt Senior Advisory Board Reg 2 Ir term to 4/03 ANNOUNCEMENTS & PRESENTA'r[ONS: (Tabled-3) (Tabled-2) (Tabled-2) A. Announcements: Oceanfront Concert Series on December 21, 2001, 6-9 p.m. at Mangrove Walk at the Marina - The Jurn pstreet 88s (BoogieWoogie, New Orleans and Jump Blues) Presentations: 1. Proclamations: None 2. Presentation of gift from the City of Qufu from the Sister City delegation 2 CZTYOF BOYNTON BEACH AGENDA REGULAR CZTYCOMMZSSION MEL=TZNG DECEMBER ~ 2001 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 material to become a part of the Public Record and subject to staff comments. A. Minutes: 1, City Commission Meeting of November 6, 2001 2. Agenda Preview Conference of November 15, 2001~ Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget Approve payment to Aether Systems, Thc. in the amount of $26,136 for software maintenance agreement for Police Department computer system Extend RFQ #007-2210-01/KR, MEDICAL DIRECTOR TO OVERSEE THE EMERGENCY MEDICAL SERVICES AS PROVIDED BY FIRE RESCUE/EMTS, PARAMEDICS AND LIFEGUARDS, to Dr, Kenneth A, Scheppke for an annual expenditure of $23,500 (New RFQ #020-2110-02/KR) (Proposed Resolution No. R01-310) Extend contract for the COLLECTION AND REPORTING OF THE CITY OF BOYNTON BEACH DELINQUENT ACCOUNTS, RFP #029-1410-01/KR, to CREDITECH for one additional year (New RFP #013-1410-02/KR) Extend the ANNUAL SUPPLY OF HYDROGEN PEROXIDE BID#021-2821- 01/CJD, for the Utilities Department, to VULCAN PERFORMANCE CHEM!ICALS for an additional year for an estimated annual expenditure of $205,000 Approve the "piggy-back" of the City of Tallahassee, RFP#0310-00-KR- CC, awarded to KERR & DOWNS RESEARCH, for a comprehensive CiMzen Satisfaction Survey 'n an amount not to exceed $24,900 (Proposed Re~olution No. R01-311) Award a contract under Bid #094-2414-01/KR to Newport Builders, Inc. of Oakland ParK, F~orida, in the total amount of $96,500 for the construction of the new Pence Park restrooms and storage facilities and the new Galaxy Park baseball dugouts. This will establish a total project budget appropriation of $101,325 (Propo~ Resolution No. ROI- 312) 3 CTI'Y OF BOYNTON BEACH AGENDA REGULAR CZ'FY COMMZSS:[ON MEe I ~'NG DECEMBER 4~ 2001 C. Resolutions: Proposed Resolution No. R01-313 Re: Approving Task Order No. lA with Hartman and Associates, Inc. for the construction plans and construction phase services in the amount of $109,865 for the San Castle SubdMsion Water System ]Improvements project Proposed Resolution No, R01-314 Re: Accepting letter of credit no. ALT/P601403 from SunTrust Bank in the amount of $1,291,910 as surety for the installation of the water and sanitary sewer systems serving the project known as Tuscany Bay Proposed Resolution No. R01-31S Re: Releasing cash bond of $2,420 to LCI Construction of South Florida, Inc. for the Eckerds Drugstore #3831 Proposed Resolution No, R01-316 Re: Releasing cash bond of $33,000 to BAPS Development, Thc, for the BAPS Temple Proposed Resolution No, R01-317 Re: Full release of cash surety to EB Developers, Thc. in the amount of $13,600 for the water and sewer systems serving the project .known as the Belmont Ratification of Planning & Development Board Action: Calvary Chapel of Boynton Beach - 3190 Hypoluxo Road (south side of Hypoluxo Road, approximately 1,200 feet west of Congress Avenue) - Request for site plan approval for :the first phase of a 21,250 square foot Church - School Campus to include the sanctuary, classrooms, daycare center and related site improvements on 8.84 acres 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 (TABZ£D UNT~Z DECEMBER ~8~ 200.~) Approve an education and training program with the Institute of Cultural Affairs to begin implementation of a citizens' neighborhood academy for a cost of $20,000 Approve the use of $3,925 from Commissioner Fishers discretionary funds to pay for the following items: a) rental of a home-drawn carriage to offer flee rides to the public at the Season of Peace event, Holiday Parade and Holiday Concert at Mangrove Walk at the Marina; b) hire an ice sculptor to perform after the Holiday Parade; and c) rent eight tower lights for the parade 4 CITY OF BOYNTON BEACH AGENDA REGULAR Cz m Y COMMZSSZON MEETING DECEMBER 4, 2001 VI1'. CITY MANAGER'S REPORT: A. Status report for Intracoastal Park and Boat Club Park Review and Discussion of Staff Report on Non-Conforming Lots and Buildings in Commercial Districts C. Discussion Regarding Establishment of Arts Commission Report on Proposed Economic Incentives - Ocean Avenue and Martin Luther King, .lr. Boulevard VIII. PUBLIC HEARZNG: 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 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 19 three- story town homes and related site improvements. The site plan (NWSP 01-0:[0) will be adopted as the master plan for the PUD (TABLED UNTIL DECEMBER .~8~ 200.~) Project: Agent: Location: Description: Federal Highway Corridor Plan - P~ezoning and Code Amendments City of Beynton Beach Federal Highway Corridor segment between the Boynton (C-16) Canal on the North, and Woolbfight Road on the South, and lying between the Intracoastal Waterway on the East, and the right-of- way of the Florida East Coast (FEC) Railway on the West 1. Request proposed Zoning Regulations for Mixed Use and Hixed Use Low zoning categories, consistent with the recommendations of the Federal Highway Corridor Redevelopment Plan; 2. Request to rezone to Mixed Use (MU) various properties with commerdal and residential uses totaling 104.92 acres identified on the accompanying location map as Parcel 2 (see Exhibit A), zoned Central Business District (CBD) and Multi-family Residential (R-3); 3. Request to rezone to Mixed Use-Low (MU-L) various properties with commercial and residential uses totaling 236.73 acres identified on the accompanying location map as Parcel l and Parcel 3 (see Exhibit B), zoned Single-family Residential (R-l-AA) & IR-l-A), Duplex Residential (R-2), Multi-family Residential (R-3), Office/Professional {C-I), Neighborhood Commercial (C-2), 5 cTrY OF BOYNTON BEACH AGENDA REGULAR CZTY COMMTSSION MEE'D~NG DECEMBER 4, 200:1. Community Commercial (C-3) and General Commercial (C-4) (TABLED UNTIL DECEMBE~ ~ 200.~) Project: Agent: Owner: LocaUon: Description: Krispy Kreme Scott Barber/Gee & .lenson Dynamic Doughnuts Flodda Realty, Inc. and Kdspy 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 Boynton Beach Boulevard and West ~ndustdal Avenue Request to amend the Comprehensive Plan Future Land Use Map designation on a 0,62_ acre parcel from Medium Density Residential (9.86 du/ac) to Local Retail Commercial and to rezone from Duplex Residential (R-2) to Neighborhood Commerdal CC-2) (l~eclues~ poa~ponemen~ of pubh'c hearing un~7 January ~ 2oo2) Project Agent: Owner: Location: Description: Calvary Chapel of Boynton Beach 3ames Berretta Calvary Chapel of Boynton Beach 3190 Hypoluxo Road Csouth side of Hypoluxo Road, approximately 1,200 feet west of Congress Avenue) Request tO annex an 8.84-acre conUguous parcel to be master planned for a church campus Project: Agent: Owner: Location: Description: Calvary Chapel of Boynton Beach ]ames Berretta Calvary Chapel of Boynton Beach 3190 Hypeluxo Road (south side of Hypoluxo Road, approximately 1,200 feet west of Congress Avenue) Request Land Use Amendment from HR-8 CPalm Beach County designation) to Moderate Density Single Family Residential (MoDR) and to rezone from Agricultural-Residential (Palm Beach County zoning) to Planned Unit Development (PUD) Project: Agent: Owner: Location: Description: Krispy Kreme Scott Berber/Gee & .lenso, 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 Boynton 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 (Reque~k postponement of public hearing unblJanuary 2~ 2002) 6 cTrYOF BOYNTON BEACH AGENDA REGULAR CZI'YCOMMZSSZON MEEI'ZNG DECEMBER ~ 200Z IXJ XZ. Project: Agent: Owner: LocaUon: Description: Bible church of God Shirley Waters N/A 1390 North Seacrest Boulevard Request CondiUonal Use approval for an accessory daycare/preschool use in an existing church with its required outside play area. The daycare will be operated on weekdays, during the off-peak pedods of church operation. Project: Agent: · Owner: Location: Description: Mobil Woolbright & Congress Anna co,fell Mobil Oil CorporaUon 2605 W. Woolbright Road Request for Conditional Use/Site Plan approval for a gasoline dispensing establishment with accessory car wash fadlity (R~luest postponement of public hearing until January ~ ?002) FUTURE AGENDA TI'EMS: Discussion Regarding Possible Development Scenarios for the M-1 Zoned Land along South Congress Avenue, Related Tssues and Appropriate Alternative Strategies to Address Same (December 18, 2001) B. Modification to City Pay Plan - Salary Ranges (December lB, 2001) C. Modifications to City Purchase and Contract Award Policies (December 18, 2001) Report on Modification to Development Review Process - Environmental Permits (December 18, 2001) E. Traffic Calming and Traffic Control Final Report (January 15, 2002) Review of Proposed Amendment to Development Agreement - Marina Project (3anuary 15, 2002) G. Stormwater Projects Report (.lanuary 15, 2002) FRA Whistle Ban - Report (March 2002) - Delayed due to Federal Railway Administration Delay in Rulemaking DEVELOPMENT PLANS: None NEW BUS[NESS: 7 CZI'YOF BOYNTON BEACH AGENDA REGULAR CZI'YCOMMZSSZON MEL=T]NG DECEMBERS, 2001 XII, Endorse the enforcement of current regulations requiring shade canopies to be defined as "structures" and, therefore, subject to building codes and zoning regulations LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 01-50 Re: Amending Part III, Land Development Regulations, Chapter 1 and Chapter 21, regarding "Banners" Proposed Ordinance No. 01-58 Re: Amending Chapter 26, Article IV, Division 4, Subsection D, Section 26-143 Discharge of Restricted Wastewater as it relates to the Industrial Pretreatment Program by adopting by reference the local limits as set by the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) Proposed Ordinance No. 01-59 Re: Amending the City of Boynton Beach Community Redevelopment Plan and adopting the "Heart of Boynton" Plan B. Ordinances - i~ Reading 1. Proposed Ordinance No. 01-60 Re: Advisory board attendance 2, Proposed Ordinance No. 01-61 Re: School Concurrency 3. Proposed Ordinance No. 01-62 Re: Community Redevelopment Agency staffing 4. Proposed Ordinance No. 01-63 Re: Fire pension optional transfer of accumulated leave balances C. Resolutions: Intentionally lett blank Proposed Resolution No. R01-318 Re: Authorizing the City to enter into an intedocal agreement between Gary R. Nikolits, as Palm Beach County Property Appraiser, and the City of Boynton Beach Fire/Rescue for the collection of its non-ad valorem assessments Proposed Resolution No. R01-319 Re: Authorizing the City to enter into an interlocal agreement between the Palm Beach County Tax 8 CITY OF BOYNTON BEACH AGENDA REGULAR CITY COMMISSION ME~: I~NG DECEMBER 4, 2001 Collector and the City of Boynton Beach Fire/Rescue for the collection of its non- ad valorem assessments D. Other: XIII. UNFINISHED BUSINESS: XIV, AD]OURNMENT: NOTICE (F,S. 286.0105) CONTACT .1OYCE COS'TEl-LO, (561) 742-6013 AT L~ TWE~TI'Y-FOUR HOURS PRIOR TO THE pROGRAM OR AC-I'I~TY IN ORDER ~OR THE CITY TO REASONABLY ACCOMMODAT~ YOUR R~QUEST. FINAL AGENDA 11/30/2001 10:34 AM ]b:\gSHROATA\CC~WP\CCAGENDA~GENDAS\Yenr 2001\t20401 final agenda.doc Requested City Commission Meeting Dates [] November 20. 2001 [] December 4. 2001 December 18, 2001 January 2, 2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested Ci~ Commission in to City Clerk's Office Meetin~ Dates November 7, 2001 (5:00 p.m.) [] January 15, 2002 November 21. 2001 (5:00 p.m.) [] February 5. 2002 December 5, 2001 (5:00 p.rm) [] February 19, 2002 December 19. 2001 (5:00 p.m.) [] 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.y 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 [] Annotmcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve Resolution authorizing the City to use the Uniform Method of Collecting Non-Ad Valorem Special Assessments for the cost of fire rescue projects. EXPLANATION: This ailows the City to use the tax bills as a method of billing and collecting the Fire Rescue Special Assessment. PROGRAM IMPACT: By using the Tax Bill to assess the Fire Special Assessment we will save on postage cost, staff time to prepare a separate invoice and then to follow up on collection. FISCAL IMPACT: Using the tax bill assures a better collection rate (estimated to be 15% - 20% higher than when sending separate invoices). This method will also be a cost savings to the City since we will only have to pay a portion of the postage and supply cost. ALTERNATIVES: City staff sends separate invoice. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BLrLLETiN~ORMS~GENDA YI~M REQUEST FORM.DOC RESOLUTION NO. A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN' THE INCORPORATED AREA OFTHE CITY; STATING A NEED FORSUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR ANEFFECTIVE DATE. WHEREAS, the City of Boynton Beach, Florida (the "City") is contemplating the imposition of speciat assessments for the prowsion of fire rescue services; and WHEREAS, the City intends to use the uniform method for collecting non-ad valorem special assessments for the cost of providing fire rescue services to property within the incorporated area of the City as authorized by section 197.3632, Fiodda Statutes, as amended, because this method will allow such special assessments to be collected annually commencing in November 2002, in the same manner as provided for ad valorem taxes; and WHEREAS, the City held a duly advertised public headng pdor to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A. NOW, THEREFORE BE IT RESOLVED: 1. Commencing with the Fiscal Year beginning on October 1, 2002, and with the tax statement mailed for such Fiscal Year, the City intends to use the uniform method of collecting non-ad valorem assessments authorized in section 197.3632, Flodda Statutes, as amended, for collecting non-ad valorem assessments for the cost of providing fire rescue services. Such non- ad valorem assessments shall be levied within the incorporated area of the City. A legal description of such area subject to the assessment is attached hereto as Exhibit B and incorporated by reference. 2. The City hereby determines that the levy of the assessmenLs is needed to fund the cost of fire rescue services within the incorporated area of the City. 3. Upon adoption, the City Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Palm Beach County Tax Collector, and the Palm Beach County Property Appraiser by January 10, 2002. 4. This Resolution shall be effective upon adoption. DULY ADOPTED this. day of December, 2001. (SEAL) Attest: CITY OF BOYNTON BEACH, FLORIDA Mayer Clerk Page 1 crf9 Sec. 6. Bound~r,~. EX~IBI~ "Bm The corporate ~tim~s of the City of Boynton Beach shTa'll extend over and include all of the ~rritory within the following descr ption and shall incorporate all of the inha~ within the same except as otherwise expressly provided herein: An area of land i~ Palm Beach County, Fiodda, more particularly described as follows: BEGINNINGat thes~u~h~est comer of Section 5, Towr~ship 46 South, Range 43 East, Palm Beach CounT, Ftofida; ° ' " n 1 ..thence N.89,09~8 ~. ~o g the south line of said Section 5, a distance of 1901.08 feet to a point on the east right-of-way tine,of!l-95 (State Road No.9}; 2..thence N.17~05~At2"J~, dong said east righ~-of-way line of 1-95, a distance of 2565 feet,, to the southwest. corner of LAt(E ViEW ..~EN SUBDIVISION. as recorded in Palm Beach County Public Records in PEat Book 32 page ~;, . 3:,thence S.7~' ~ 3~I'"JE, a~ong the south line of said LAKE VI _.E~_ HAVEN SU_BD_I.V.~SIO,.N, a dls, ta.n,ce~ oo~ feet. to flie seutheast,~;'omer Of LOT 1 of sa d LAKE VIEW HAVEN SUBD VISION on me west r gm-o y ~ine of Diane Ddve; .... ,4...thence southwesterly ~ong the southwesterly extension of D~ane Drive a d~stance of 60 feet to a point on the south line O('said ~ VIEW' HAVEN SUBDIVISION; 5 thence southe, asteCJ¥~aJong said south line to th, e _north.we_st,c,.orn~er of ~?.T l~o:tL~BoKo~ 2EgD~EaNoe 53' ' ed n Palm Beach ~ounty ~UD C ~ecoros n mat gu ~ u , SUBDIVISION'PLAT 2 as reco~ d . . . . o 6~.thence S,18°04'29"W along the west line of said LOT 1 a d~stance of 100 feet to a m~ddle corner (140 15' of said LOT 1 . ) ' ° ' 'l"Ealon thewest ne of BLOCK lof said LAKE EDEN SUBDIVISION PLAT 2 a 7..thence S~21 403 , g ~ 1/4 of ~of 1280 feet'to a poiht in the east hne of the west half 0Nll2) ot the southwest quarter (SW ) the southeast quarter (SEl/4) of said Section 5; ....... 8..thence S.00~05'29~A~, along said east line a distance or ;z4~ feet to a point in the north line of LAKE SHORE ESTATES, a ~ivision in Palm Beach County as recorded in said Public Records in Plat Book 26, page 26; ; · ' nd its easterl extension a distance of 288.00 feet to the 9..thence N.89 35'45"E, along ;sa~d_nort? line .a. ......... Y. ............ .~^,~ ,- oo~d Pub c Records in southeast corner of LOT 16 LAKE EDEN SUBDIvI~SIuN ~LA I m~. ~ a~ [~,u,,,~,~, P at Book 28 p~,e 216: lO..thence N.~O 04'45flAt, along the west ine o[said LOT 16 a d stance of 201.17 feet to a point on the SOutheast~d exte~sio~ of the'east r ght-of-way line of Lake Drive; ....n .n.y~e~;,,.;;,_,,;;:. ~,__~ _ ,=..~ ;--,,,,end cu ar to said east dght of way line of Lake Drive a distance of 11..thence r~.oo m ~u ~, a[~ ~t~ ,= ~ -~ F~, ~, . ....... 4-,. ~ ~ ,, .... ~- 15 of said LAKE 180.00 feat to a point ~ the southeasterly extorts on of the eas[ line o~ L~/o EDEN SUBDIVISION PLAT NO, 2; 12~.thence N.21°40'31"W, along said southeasterly extension of the northeast line of LOTS 11through 15 to the northeast comer Of LOT 12 of said LAKE EDEN SUBDIVISION PLAT NO. 2; 13..thence northeasterly a dis~nce of 310 feet to a point; 14..thence s0uthedy a ~JistanC~ of 25 feet to a point; 15..thence northeasterly a distance of 400 feet to a point! 16..thence northwesterly a distance of 250 feet to a point i 7 thence southwesterly a. distance of 400 feet to a point; 18_.thence southerly a distanCe,Of 25 feet to a point; 19..thence sduthw~efty a d stance of 310 feet to the southeast comer of LOT 13 of said LAKE EDEN SUBDIVISION PLAT N~ 2 20..thence northwesterly along the east line of said LOT 13 a d stance of 30 feet to the easterly right-of-way of Lake Worth Drainage District E-4 Canal a distance of 736 feet to a point; Page 2 of 9 E~HIBIT "B' ~ ~ 21 ..thence N.23 57 45 E, along sa~d easter y right-of-way I ne a d stance of 186 28 feet to a po nt ..thence N,20 0SE, along said easterly right-of-way line, a d~stance of I61.45 feet, to the southwest corner of LOT 56 LAKE EDEN SUBDIVISION PLAT NO.4 as recoraecl m said Public Records in Plat Book 30 page 122; 23..thence N.88~59'13"E along the south line of said LAK~ EDEN SUBDIVISION PLAT 4, a distance 880~51 feet, ,to a point in the southerly ext~b~ion qf~e w~t ;~ounda~y of~e s6~t~ea~,~ ~lu~a~er ~SEI/4)~f {h~~odtheast quartm'~{SE;[/~ of the ~6athea~! qu~a~r (s~1:/4) of the n0~h;eaS{; ~j~ar~ :~(~IE ,'1/~.)~ ~, Se&ion 5, Township 45 Range 43 ' 24..tbenc9 N.00~29'51~, along said seuthefly extension anO west bounda~ a d stance of 190 feett0 a point on the east~west ~ua~er sect on lin~ ~ said Sect on 5 ~5..t~ence easmrly along Sad~east2West;quaher li~e of said Section 5 ,end con~nui~g along the east-west quaAer line of'S~t~n 4 in Sa~ Township 4~ Sou~, to a point of intersection w~h the west right-of-Way line of ~acmst Boulevard; 26 · o , . ~ zo,~m~ce N.89:41 21 E~COpUnmng;~o~g ~so~th, hne of~e no.west qua~r,(N~/4).of Secti~ 4, said so~tb line being para!tel to arid 50 :f&~t ~b~ ~f ~He< ~Ah ~i~h[:~f-wa~iiH~f ~'~if ~ ~ ~6 Ave.), a distance of 2008;~5~feet..~to ,a ~int at ~e.i~ers~cfi0n with {he,~t ~-~:~ay I Ge pf the ~ East C~st ~ilmad~ ........ ' : 27..then~ S~08~14~;a 0ng sa d east right-~[-~ay li0~ adis~n~ of 2.~ ~56 ~e~.tO;:a~pdin~ at~e inter~ctio~ Wi~ the westerly extehs~qn ~ the ~0~t~ in Palm Bea~ ~ou~.Records in Plat Beck 21 page 13~ .... .... .... :, 28..~ence S.72 45 15 E~a!ong SaJd.~edy ext~s~0n and along ,the sou~h lin~ o[~said LO~, 20. a~ along its ~t~ y extens~n a disbar, of 68~.2~ ~eAt tb ~ po nt at 'th~ ~n~rse~ ~n Wit~ th~ east ~ ~t-~f~wav ne of F~era Hghway(u.s. 1); ' ' 29..thence in Plat Book 20. page 47; 30..thence easten~ ADDITION as recorded in l~ 31..thence northerly along distance of 50 feet to a point; 32_thence westerly along the South line of the aforemen!ioned KINGS SUBI~IV{SION to a point Of intersection with the east right-of-way line of U.S. Federal Highway; 33..thence northerly along s~ald east right.of-way line of U.S. J::ederal Highway to the southwest comer of LOT 9 of the KINGS SUBDIVISION; 34..thence easterly along said south line of LOT 9 to the southeast corner thereof; 35..thence northerly to the northeast corner thereof; 36..thence westerly to the nm~thwest comer of said LOT 9 On the east right-of-way ne of U S Federa Highway; 37..thence northerly along said east right-of-way line to a point of intersection with the north right-of-way line of Bamboo Lane; 38..thence S.76°19'17"E a distance of 133 feat along said north line of Bamboo Lane to a point on the west right-of-way lineal ~e.s. outh extension of Virginia Gardens Road; 39..thence N.11 15 14 E along the west right-of-way line of said Virginia Gardens: Road a distance Of 13.98 feet to a point that is 308.76 feat~south of said north line of Sect on 4, as measured perpend cu ar to sa d north line; 40..thence N 89°19'48"E along a line parallel to said north tine of Section, 4, and north right-of-way line of Bamboo Lane, a distance of 249.5 feet to a ~oint 300 feet west Of, as measured along sa d parallel ine, the westerly dght~f~a,y, line of the Intracoastal Waterway; 41,.thence N.05 26 45"E along a line parallal to Said Westerly right-of-way, a distance of 94.5 feet to a point on the south right-of- .w.a,y line, of a finger cenal; 42..thence N.89°19'48 E along a line parallel to said north line of Section 4, being the south right-of-way line of said finger canal, a distange of 450 ~eat to a point on the canter lineOf the Intracoastal Waterway; 43..thence N 07°36'00"E alorig said center line, a distance of 1571 feat t° the intersection with the Westerly extension of the south line cf LOT 16 BENSON BROTHERS SUBDIVISION, as recorded in said Palm Beach County Public Records in Plat Book 5 page 27; Page-3 ,of,9 EXHIBIT 44..thence N:89*35'00~"tS-eong said westerly extension and ~)~h~l said south line of LOT 16, a distance of 1:,163 feet,to a point-50 {et~west of the west right-of-way line'0fFiorida State Road A1A; 45..thencenortherlyalo~the east line of the aforementioned BENSON BROTHERS SUBDIVISION a distance of 69.1~1 ,feet l~point; 46..thence easter~to;~vast right-of-way line of Florida State Road A1A; the south 3.83.feet Ol[~,~h 1569 feet ot ~overnmem rot z ...................... East, palm Beach 'Coun~ 48..thence N.89~35'~-,~ng said south line, a distance of 596 feet to the high water line of the Atlantic Ocean;, 49...~hence, N.O:7°4~0~Eaiong said high water line, s 0istance of 391 feet to a potm on the north line of the said sOUth 383 feet~of~orth 1569 feet of Government Lot 2; ?50.ihence. $~89°~at0ng said north line, a distance of 663 feet to a point on a curve in the east right- of-way t ne of:said AI~ :1.~ ce northefly, al~said east right-of-way line and a curve to the right ~h,o,,s~e. chord bears ~ ar~i~he~radius is 3182.98 feet, through a delta angle of 12 22 39, and an arc distance of said east right-of-way of AIA, a distance of 496.98 feet to a point of ex~ension of the north line of LOT 11 of said BENSON BROTHERS said north line of LOT 11, a distance of '~078.00 feet to the said center line said center line, and continuing along the center line of the channel of said feet to a point that is 1000 feet north of the south line of Section To~nsh~p:~5;E~h Range 43 East; along said center line of channel, a distance of 2827 feet to a point of outh half (Sl/2) of the north half (Nl/2) of said Section 15; said north line of the south half (S1/21 of the north half (Nl/2) of Section 15, the west line of said Section 15; ;t the north line of the south half (Sl/2) of the north half (Nl/2) of Section 16, ; also being the north right-of-way line of N.E. 26 Avenue, a distance 750 east of LOT 38, BLOCK 18, ROLLING GREEN RIDGE FIRST ADDITION : Records in Plat Book 24 page 224; ; southerly extension of, and the west line of the QUADRILLE CONDO ReCOrds in Official Record Book 3126 page 28, and its nodhedy ~eat to the intersection with the north right-of-way line of Miner Road also ~tDGE GROVE subdivision as recorded in said Public Records in Plat Book 22 of Miner Road, a distance of 769.11 feet to the southwest subdivision; said LOT 155 also being the east right-of-way line of Grove the :intersection of the easterly extension of the south line of BLOCK 12 of as recorded in said Public Records in Plat Book 25 page 231; said south line of BLOCK 12 and its eesteriy extension, a distance of 341.43 of said BLOCK 12 of SAN CASTLE 2ND ADDITION; ~vest line of said BLOCK 12 and its no~hedy extension, a distance of t the north right-of-way line of Mentone Road; , line of Mentone Road, a distance of 1058.01 feet to a right-of-way line of Seacrest Boulevard, said right-of-way being 80 feet hr-of-way line of Seacrest Boulevard, a distance of 165 feet to ~INE POINT VILLAS CONDO A in Section 9, Township 45, Range 43; said north line of Pine Point V as, a distance of 855.9 feet to the east right- of t~erstate~a, kjhway 1-95 (State Road 9); Page4 of 9 EXHIBIT *B~ '- ~ 66..thence N.01 ° 2'26"W along said east right-of-way line, a distance of 755 feet [o a point that is 3296.96 feet north of the south line of Section 9~ said Township 45 South said po nt a so be ng at the intersection with the easter y exter~s on of the north line of PARCEL B. CEDAR RIDGE, A P.U.D. & HIGH RIDGE COMMERCE PARK, A P.LD. as recorded in said Public Records Plat Book 46 page 59; 67..thence S.88°45'58"W along said eastedy extension, and along said north line of PARCEL B a d stance of 439:82 feet ,to the not~west,comer of said PARCEL B;" ' 68..thenCe S.00~05'28~/:along the:west ij~e,of s~d pARCEL B a diStance~f988~39 f~eet~t~!a point,°n the north ,line of the south halt (s1/2) 0f~the~nbdh ~alf (Nt[2) of{he northwest quarterI (~Nw~/4~)'of th~ SOuthwest quarter (SW1/4) of sa~Cl Sebtion 9:; 69..thence S,88°45'14"W along said north line, a distance of 1331.29 feet to a po nt on the east rlght-of~Way ' line of,High Ridge Road; of said Section ~; , , 71.,thence N.88 45'14 E along sa d south ne a d ~,al3¢e ~f 109 9 feet to the nt~ersectio~with extension of the west l~ne of ,EOT 9, of sa d CEDAR R DGE A P.U.~D: & HIGH RIDGE;CO;MMER(~;E~PAR~ AP.I.D.; 72..thence south, along said northerly extension and along said west line of LOT 9.:a distance of I59;82 feet to the southwest corne~' of said LOT 9; 73..thence S.88°45'1 extension; a distanCe of 159,9 feet to a 74..thence S.01°50'30'~/~ I feet to a point60 feet 75,.thence distance of 475;67 feet to the intersectior RIDGE SUBDIVISION as recorded in 76..thence N.01 °09'26"E along and part of LOT 34. said HIGH said LOT 34, being 99.94 feet north of ti east right-of-way line of High Ridge Road; , 79..thence northerly along the east right-of-way.line of High Ridge Roadto a point of intersect on with the eaSterly extension Of the nbrth line of LOT 7:of the ,EIIGH RIDGE SUBDIVIS!ON;i · , 80..ttlence westerly along the said north line of LOT 7 to the northwest comer thereof, said point Io~,ated on the west line of HIGH RIDGE SUBDIVISION; 81..thence northerly along said west line and its northerly extension to a point of;intersection with the north right-of-way of Hypoluxo Road; ~ Westerly along said north right-of-way line and a, curve to the I ,e, ft whose chord bears S.87 48'49"W with a radius of 5781.58 feet and a central angle~of 1°51'01 an ar~ d stance of 186.72 feet to a point of tangent on said north right-of-way !ine gl Hypoluxo;Road; 83..thenCe S.86°53'18~/continuing along said north right-Of~-way line a distance, of 358 87 feet to a point of CuP/e; 84..thence continuing along said north right-of-way line on a curve to the right whose radius is 5677.58 feet ~ central angle is 1°42'30', an arc distance of 169.28 feet to a point of tangent; 85..thence S.88°35'48"W continuing along said north right-of-way line a distance of 239.67 feet to a point of curve; 86._.thence continuing along said n,o.,rt~_ right.of-way line on a cuP/erg the right whose radius is 5677,58 feet and whose central angle is 2°54'12, an arc distance of 287 70 feet to a point Of tangent; 87..thence continuing along said north right-of-way line a distance of 3324.71 feet to a point of intersection with the center line of Congress Avenue; 88..thence S.88°25'09"W continuing along the n0rth.right"of-~ay line of said Hypofuxo Road. to a point of intersection with the west right-of-way line of Lawrence Road; ~ Page 5 of 9 IIYJtIBIT 89..thence southerly'along the west right-of-way line of Lawrence Road to a point of intersection with the westerly exmnsion of the south line of the GROVE PLAZA RiSPLAT as recorded in Palm Beach County Public Records in Plat Book 86 page 81; 90..thence easteny along the south line of the GROVE PLAZA REPLAT to the southeast comer thereof; 91 .thence southe,y to the northeast corner of the plat of JONATHANS GROVE as recorded in the Palm Beach County Public Records in Plat Book 73 page 15; 92..thence easter y along the north line of said plat of JONATHANS GROVE and its easterly extensio~ to a point of intersection with the west right-of-way line of Lawrence Road; 93..thence. southerly along the west right-of-way line of Lawrence Road to a point of intersection with the westerly extension Of the south line of said plat of JONATHANS GROVE; 94..th, once easterly along the said south line of [he plat of JONATHANS GROVE to the southeast comer thereof; , , · 95..thence S.02 07 34"W to the northeast corner of the southwest quarter (SW 1/4) of the northwest quarter (NWl/4) of Section,7, TOwnship 45, Range 43; ~61thet~ce S.88~20 19~/along the north line of said southwest quarter (SW1/4) of the northwest quarter (NWl/4) of Section 7 and its westerly extorts on, to the northeast corner of LOT 78 of the subd vision of ~OMES OF LAWRENCE PLAT I asrecorded in Pa m Beach County Public Records n P at Book 49 page 183; 97..thence southeny to the southeast corner of HOMES OF LAWRENCE PLAT 3 as recorded in Palm Beach County Public Records in Plat Book 63 page 91; thence e~ster to a po nt of intersection with the west right-of-way ne of Lawrence Road; 98-thence . Y. .... ....... ;-~-* .-f wa,, I ne to anoint of intersection with the westerly extension of 99..then,.c,~,~soumeny a ong sago .w~L ,,~.,-,, - ~ the south bna;of LAWRENCE`GROVES PLAT I as recorded in Palm Beach County Public Records n P at Book 60 page 21 ;~ . 100L:therice N.88 II 07 E along said south ne of said LAWRENCE GROVE PLAT I to the southeast comer ~h0elr.~t~;ence~southerly along the west line of the plat of FOSTERS MILL as recorded in the Palm Beach Coud~'y Public Records in Pla~ Book 83 page 139 to the southwest comer thereof on the north right-of-way the Lake Worth Drainage Distr ct L-20 Canal line of ~ ~..~ ..... ~,...;.,. ,~= ,~,-fh Hnht-of-wav line of the Lake Worth Drainage District L-20 Canal 102.~thence ~.oo uo~34 vv ,=,~,,~ ,,,,~ ......~ _-. 'nt Od the east right-of-way line of Lawrence t~oao . [0,~ P~",,,~-' -,~rtherl~ al~n~ [aid ~ast right-of-way line to a point of intersection _with t. he..east, erl_y e.,ens,on of the'north line of TRACT P..4 of. MANOR FOREST PLAT 4 as recorded ~n Palm i~eacn uoun[y ~uo c Records in Plat Book73 page 194 104 .thenCe. westerly along the north line of said TRACT P- 4 to the northwest comer of TRACT O-~ of said MAt DR FOREST PLAT 4; 105 [hence northerly to the northeast corner of said MANOR FOREST PLAT 4; ~ ~ ~-~ce~.westert~ along the north line of said PLAT 4 to the west line of TRACT L-1 of said MANOR F0~ EST p~iAT 4 s~id peirff being on the west line of WATER MANAGEMENT TRACT I of MANOR T PLAT 2 as [e~orded in Pa m Beach County Public Records in Plat Book 47 page 88; F0f ES, , _ : .[ '~'.. __.~ .....,.,4,, a on,, the east line of the WATER MANAGEMENT TRACT 107 thence' meanaenng soumeny m,u w==,~,,~ ~ ........... of wa,, line of Manor ~; north west comer of TRACT 0-2 of MANOR FOREST PLA~ 4 on me eas[ ngn~- - ' Boulevard; For,est ~ . ........ ,-^, ,-, *~,~ ,,,,rtheast corner of lot 128 of MANOR FOREST PLAT 108~.thence Southwesteny a a~s[ansa o~ ou ,==,2~, -,,,-, ,,,,, ~. ,~,~ th~ ~.st rioht-Of-wa¥ line of Manor Forest uoulevaro; ......... ^,-, ~,-,o==-r 10~.thenCe-- northerly along sad west right-of-way hne to the northeast co PLAT 4; °ton- the north ne of MANOR FOREST PLAT 4 to the northwest comer them_of; ~ = .- .... ; -, ,~ ^~n= =r~=EST PLAT 4 to a point of intemect on on me eas[ recorded in Palm Beach County Public Records in ~tat UOOK f'l page 1~ / extension of the north line of NAUTICA PLAT 1 as recorded in Palm Beach County 71 page 170; along ~aid extension of the north line of NAUTICA PLAT 1 to the northwest comer southerly along the west line of said NAUTICA PLAT 1 to the southwest comer thereof; Page 6 o£ 9 EXHIBIT 114..thence westerly to the northwest comer of NAUTICA PLAT 2 as recorded in Palm Beach County Pub c Records in Plat Book 74 page 33; 115..thence southerly to the southwest comer of the southeast quarter (SW 1/4)of the Section t3, Township 45 Range 42; 116 the south line of said Section 13 I3; pa ,the north, line of said PARR¥.'TRAILER VILLAGE t~ a point.of intersection With ght-of-way line to a point of intersection with the eastedy extens on of recorde;:l in Palm Reach county Public ReCOrds in Pl~t Bdok. ~6 said south line of SAUSALITO PLACE~ ~o the~sou~heastcomer, o¢ L.O'T, 88 - the southwest.comer of LOT 110 thereof; ine of said LOT ,110 and ts~ easter y extorts on to the po ¢ of 124..thence N. 7 feet to the hereof; 127..thence N.01 °43'3f'E along the east boundary of said LAWRENCE LAKE subdivision a distance of 496.0.9,. feet to the northeast cor~er thereof and a po nt on the east-west one quarter line of Section 18 Towri~hJp 45 South, ~ange 43. East; 128~.thence S.87~55 04"¢,/along said east-wast one quarter line a distance of.138.76 feet to the Southeast COmer of a parcel described as the south one-half (S.1/2) of the SouthweSt quarter (S W.1/4) Of. the nSrthweSt quarter (N.W.1/4) of said Sectio.n. 18, Township 45 South, Range 43 East; ~ ' 129..thence N.O1°47 O8"E a ong the east line of said proPerty a distanc~ of 662 78 feet to the h0rtheast comer thereof; 10th .... 130..thence N.87 5747 E along the easterly extenmon of the north I~ne of sai, d ¢)roperty a distance of 636.02 feet !0. a Point on the southerly extension of the east ne of the PLAT OF ClTBI~S :l'PJ~ L P.U;D. as recorded in said ~cial Palm Beach C~unty Records in Plat Book 60 Pages 12,8, 1129 and' 130; 131..thence N.01 °33'30"E along said southerly extension and along s~id east'line of the PLAT OF C TRUS TRAIL PM.D, a distance of t3~2.7 feet to a point and the scuthea~t corner Of TRACT'J of Said PLAT' OF c[TRiJs TRAIL P.U.D; 132..thence N.88°03'I3"E a distance of 629.73 feetto a point on the north-south one quarter line of said 133..thence S.O1°19'11"W along said north.south quarter line, a distance of ~1984.;41 feet to the center point of 134..thence N.87°55'01 "E along the east-west quarter line of said Section 18, a distance of 11,93.46 feet to a point Of intersection with a tine that is parallel to and 1350.00 feet west (as measured at right angleS) to the east line of the southeast quarter (SE1/4) of sa d Section 18, sa d ne being on the east line of ~e SAND AND ~EA VILLAGE MOBILEHOMES; 135..thence S.01°44'21"W along said parallel line to a point at the intersection with the north right-of-way line of Gateway Boulevard; 136..thence westerly along said no~h right-of-way line to a point located 21.55 feet from the east line of section 18, Township 45 Range 43; 137..thence southerly at right angle to a point located on the south right-of-way line of Gateway Boulevard 1_ .3~.?_th?.c_e easterly along said south right,f-way line to a poinl of intersectio~ with the east li~e of the sAND AND SEA VILLAGE MOBILE HOMES; 139..thence southerly along said east line of the SAND AND SEA VILLAGE MOBILE HOMES ant its- southerly extension through SeCtion 19, Township 45. Range 43, to a point of intersection with the south right-of-way line of Boynton Canal C-16; Page 7 0£9 EXHIBIT 140..thence S.B8"O5t26~''along said south nght-of-way of ~ Boynton Canal, a distance of 1206.56 feet to ,a~pe{nt on.+.he norl~sou~ one ciuar~er line of Said Section 19. 141 ;thence S~00~5['5~Ealong said north-south one quarter tine, a distance of 1191.31 feet to a point on the north ~ight~of-wa¥ [ir~of the Lake Worth Drainage District L-23 canal; 142.;thence N.67~58'2{~along said north right-of-way line of L-23 canal, a distance of 20.0 feet to a point on the east ~ighl-,Of-wa'Y~e of Javert Street as shown on WEST BOYNTON PLAT 2C as recorded in said Public Records in~-tat~8~ok 15 page 14 . . . 143., thence S~00*~'5~Ealong said east right-of-way of JaveA Street and its southerly extension, a distance :of 't39227 feet,to a poi~at the interSection w th the north right-of-way tine of Old Boynton Road; 144..the_ncealong tbe.~ north right-of-way line of Old Boynton Road to a point of intersection with the ,northerly ~tension~0f tl-~west line of CARRIAGE GATE CONDO in Section 1,9; +.~ ~h=,~-..~-A.~tetl~.alom'the south line or ~ne ~,~m~.~ ,~,-,, ~ ,.,v,...,-... _ .~w,~..,,,.,~,.~ ,~,-;-_?/ ,- . .~ · - - ne of Knuth Roaa; oointon a {3arallel'~[me ~ated 313 feet west of the west n.g.h~? w~y, I .... ;~-~ +h~,,;-.~ ,4tvth.~.~imo said oarallel I ne a distance et l~U reel m a porn% ..... . .... TRACT 47 of the SU · i-mR fl~i~nt~e~l v~.~te~o nt of ntersect on w~th the west hne of _ . ^ .~9:as~'e~ori~in Palm Beach County Public Records in Plat BOOK ! page .l~9.~ence:soutiAe~¥;aimg said west line of 3NT~19C;T 47 to a point of intersection with the noah line of :FRAC~T 51 o~sakl:,S~B~,tlSION OF SECTIO ; 150..thence westerly Said north line of TRACT 5~1 to a point of intersection with the west right-of-way line of I<nuth~P. oad; ~,S.0~34'40FEalong the west r ght-of-way ice of Knuth Road to a point on the north right-of-way ~ine~f L~k~.Wo~i3iD~i~ge: D strict L-24 Canal, said line located 25 feet noah of and parallel to the north line Of Se~ian'3{); Tow~ip 45, Range 43; said north ri line of the L-24 Canal to a point of intersection with 8 as recorded in Palm Beach the t line of TRACT 9 and its southerly extension to a point of intersection Beach Boulevard; line to the northeast corner of QUAIL RIDGE PLAT 20 as ; in Plat Book 40 page 175, said comer located on the west west and adjacent to TRACT 10 of said PALM BEACH FARMS t to a point of intersection with ~ of KNUTH ROAD PLAT as recorded in Palm Beach County Public south line of KNUTH ROAD PLAT to a point of intersection with the west right-of-way line being 15 feet west of and parallel to the north-south line being the same west fight-of-way line of a 30 feet BEACH FARMS COMPANY PLAT NO. 8; line of Knuth Road to a point on the nor'd3 line of Section 161. 33 line of Section 31 a distance of ~ 5 feet to the north quarter corner; said Section 31, a distance of 334.56 feet to a LAKE WEST AND TRACTS ONE & TWO as recorded in said. Public 3, 4, and 5; an east-west line of said TRACT 6, a distance of 667.67 feet to an inside west line of said TRACT 6 and continuing along the west tine of ESTATES as recorded in said Public Records in Plat Book ~t to the southwest comer of LOT 52 said BLOCK 1 of the ESTATES; the south lines of LOTS 52, 51 and 50 said BLOCK 1, a distance of 337.20 [ LOT 50;. the west lines of LOTS 42 through 49 said BLOCK 1, a distance of 667.80 LOT 42; Pag¢8 of 9 EXHIBIT "B' '~ ~' ~6e4..th. en.ce N..88°48'35-E along the south liqe of the PLAT OF: CRANBROOK LAKE ESTATES to [ne corner reo~ also oeing a point on the west r ght-of-way t ne of Congress Avenue 165..thence sou~ al~g said wast:right-of~w, ay of Congress Av~n~e a distance of 665 75 feet to a point on the north line of ~e~,~on 6, Township 46 South Range 43 East; 166..thence S.88 00 55"W along Said north line of S~ctioh 6, a'distance of 5357.63 feet to the northwest corner thereon NO.1 f PLAT TRACT C ~ 1 line of south line. a distance of 337.84 feet to the 171..thence~ anditssoqthery )feetto~he southeast 6 a distance Of 5359.87 feet to the southeast iINNING. Containing 16.36 Square miles (10473.82 acres) Less and excluding the following nine (9) parcels of land (A through ) A.. An 8.66 acre parcel of land in said Section 4, Township 46 South, Range 43East more particutady described as being bounded On the wast by the east line of GRAYSON HEIGHT subdivision as recorded in said Public Records n Prat Book 23~ page 220, bounded on the north by the south line of REPLAT OF A PORTION OF GULF STREAM ESTATES PLAT NO. 2 Subdivision as r~corded in said Public Records in Plat Book 32, page 114, b~unded on the east by the west right-of-way ina of the Florida East Coast Railroad, and bounded on:the south by the north right-of-way ne of Gulf Stream Boulevard. B.. An 11~04 acre parcel of land .in said Section 4 being more particularly described as all of LOTS 40 43 ,4~_, 46, 52, 53, 56. 57, and that portiOn of LOTS 54 and 55 less the west 231 feet, 'and TRACT A (labeled no~ included"), all in the AMENDED PLAT TRADE WINDS ESTATES as recorded in Palm Beac~ Coun~ Public Records in Plat Book~21 page 73; less the westerly 150 feel of the easterly 167.83 feet of the southerly 200 feet of said TRACTA as measured parallel with the south and east lines of said TRACT A. C.. A 13,46 acre parcel of land in said Section 4 be ng more particularly described as all of LOTS 36, 36A, 59, 66, 67, 68, and LOTS 70 through 76 and LOTS 78 through 1'12, al in sa d AMENDED ~PLAT TRADE WINDS ESTATES as recorded in said Public Records in Plat Book 21 page 73, including all'private rights-of- way therein. D.. A 27.93 acre rectangular parcel of land in Section 17, Township 45 South Range 43 East more particularly dascdbad as being bounded on the north by the south right.of-way line of Mine~' Road, bounded on the east by a line parallel to and located 413.43 feet to the east section I~e, boUnded 0r~ the south by the south line of northeast quarter (NE1/4) of th~' northeast quarter iNEI/4) of said section 17; ~and bounded on the west by the west line.of said northeast quarter (NE1/4) of the northeast quarter (NE1/4)i of Sect on 17, E.. A 15 acre triangular parcel of land in Section 81 Township 45 South, Range 43 East, berg more particularly dascribed as being bounded on the east by the east right-of-way i ne of the Lake Worth Drainage District E~ Canal, bounded on the wast by the west line of the northeast quarter (NE1/4) o{ Said Section 8, and bounded on the north by the north section line ExhIBIT ~B~ ~and in Section 7, Township 45 South, Range 43 East, being more (E1/4) of the northwest auarter (.NWl/4) of the northeast'quarter 108 feet thereof. land in Section 7, TownShip 45 South, Range 43 East, being more haft (N1/2-) of the west quarter 0N1/4) of the northwest quarter (NWl/4) of ,f said Section 7, tess the nort~ 108 feet thereof. ~ Sect on 30, Township 45 South, Range 43 East, be ng more particularly . north by the south r ght-of-way line of the Lake Wor[h D~atnage D strict Lateral east by a line parallet to and 150.04 feet west of the east tine of BLOCK 6 · No. 8 as recorded in said Palm Beach County Public Records in ine of Boynton Beach Boutevard .... · ,-.. ,,orth rioht-of-way I - .-:~,--oved 30 foot right- ~ the soum u)' u,~ ~;. i~ -i,.ht-of-way tine ot an u,~,,,~,... -.^-r "o 8 the west by tn,eje~a.s,, [,~u~F.~CH ~:ARMS coMPANY I~-~'" ' ' d. BLOCK 7 sale r~-,-," Section 30, Township 45 South, Range 43 East more particularly described ail in THE PALM BEACH FARMS CO. PLAT NO. 8 as recorded in 73. area of 16.22 square miles obtained from platted and survey documentS and have not been field been as an aid for ptotting purposes. (rev. 12-01-00 ) NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS The City of Boynton Beach, Flodda (the "City") hereby provides notice, pursuant to ~section 197.3632(3)(a), Florida Statutes, of its intent to use 'the uniform method of collecting non-ad valorem special assessments to be levied within the incorporated area of the City, for the cost of providing fire rescue services commencing for the Fiscal Year beginning on October 1, 2002. The City will consider.the adoption of a resolution electing to use the uniform method of collecting such assessments authorized by section 197.3632, Flodda Statutes, at a public headng to be held at 6:30 pm on December 4, 2001, at City Hall, 100 E. Boynton Beach Boulevard, Boynton Beach, Flodda, Such resolution will state the need for the levy and will contain a legal description of the boundaries of the real property subject to the levy. Copies of the proposed form of resolution, which contains the legal description of the real property subject to the levy, are on file at the Office of the City Clerk of Boynton Beach, Florida. All interested persons are invited to attend. In the event any person decides to appeal any decision by the City with respect to any matter relating to the consideration of the resolution at the above-referenced public hearing, a record of the proceeding may be needed and in such an event, such person may need to lsure that a verbatim record of the public hearing is made, which record includes the testimony .and evidence on which the appeal is to be based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Manager at (561) 742-6000, 7 days pdor to the date of the headng. DATED this 7t:h day of November 2001. CITY OF BOYNTON BEACH, FLORIDA Publish in a newspaper of general circulation during the week of: -November 10, 2001 November 13, 2001 November 20, 2001 NOvember 27, 2001 MQV--20--OI IV.-ADMINZSTRATI'VE ITEM A. .r am TeS~Enm~ fro~n tf~e Coare Cornyt~ance ~oarar of ~obmron $eac~ effecti~e£y :~fovem~er ~5, ~oo~. 11/01/2001 14:43 5617426238 ~ V-ANNOUNCEMENTS & PRESENTATXONS ITEH A, 1 ]~unton Beach 0ce~rd: P~k A-1 -A, Just l',lo~tl~ ot* Ocean Avenue ~ptemb~ 21" Oc~obe~ 19~ No~ 16~ ~ P~',.a~s 14 Piece Gold Coast Dan~e ~,tal Holidatj ~a~t at ~ W~lk attire ~ ~) Requested City Comm/ssion Meetin~ Dates [] November 20. 2001 [] December 4. 2001 [] December 18, 2001 [] January 2, 2002 MI.-CONSENT AGENDA ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 7, 2001 (5:00 p.ra.} November 21, 2001 (5:00 p.r~) December 5, 2001 (5:00 p.m.: December 19, 2001 (5:00 p.m.) Requested City Cpmmission Meetsng 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 5:00p.m.) Januar~ 16, 2002 (5:00 p.rm) Februar~ 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.rra ~ NATURE OF AGENDA ITEM [] Adm/Ifistrative [] Development Plato [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOM2VIENDATION: Approve payment to Aether Systems, Inc. in the amount of $26,136 EXPLANATION: City Commission must approve any bills over $10,000 PROGRAM IMPACT: Software maintenance agreement for Police Dept. computer system for time period of 11/01/01 to 10/31/02 FISCAL IMPACT: _~LTERNATIVES: Department Head's Signature Account #001-2110-521-46-91 Approved in 2001/2002 budget is $26,000. Balance of $136 will be transferred from miscellaneous line item ~Signaurre Department Name City Attorney / Fiaaace / Human Resources S:~BULLET1N~ORMS AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH CITY CO~ISSION AGENDA Aether Systems, Inc ........................................................................... $26,136.00 Pay from Repair/Maintenance Servs/ Software Ma ntenace Account 001-2110-521-46-91 THESE BILLS ARE APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR DIRECT PAYMENT REQUISITION Please issue a check in the amount of 26,136.00 To: Aether Systems, Inc. P.O. Box 406223 Atlanta, GA 30384-6223 V# NEW For: Software Maint for Cerulean PacketCluster Requested by: Michael L. Munro Date: 11-13-01 Approvals: Dept. Head Finance Dept. City Manager: 001 2110 521 46 91 26,136. 00 26,136. 00 A ETHER 300 Nickerson Road Marlborough, MA 01752-4694 508-460-4000 fax 508-460-4098 INVOICE Invoice No.: 007s72 Invoice Date: Customer ID: BOY3IT01 Page #: Terms: Net 30 End User: BOYNT01 Accounts Payable Bo~nton Beach Police Dept. 100 East Boynton Beach Blvd. Boyncon Beach, FL33425 Invoice Description: Maint Agr 11/1/01-10/31/02 D~.~ iption Quantity Unit Price Extended BOYNT01 Boynton Beach Police D L00 i ~ 26,136~00 26,136.00 Please note NEW remittance addre Aether Systems, Inc. P.O. Box '406223 Atlanta, GA 30384-6223 Tax Id 52.2261969 VI.-CONSENT AG EN DA ITEM B.2 RESOLUTION R 0l- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENVDUM 1'O THE EMERGENCY MEDICAL SERVICE DIRECTOR CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND KENNETH A. SCHEPPKE, M.D.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 5. 2000. the City entered into an Agreement with Dr. Seheppke, for a one year period to oversee the Emergency Medical Services as ~rovided by Fire Rescue/EMTS, Paramedics and Lifeguards; and WHEREAS, the Agreemem contained an option to renew for an additional ~ne year period, which option is being exercised by the City and Dr. Scheppke, ~roviding for an annual salary increase of $2,500; NOW, THEREFORE, BE IT RESOLVED BY THE CITY 2OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida toes hereby authorize the City Manager to execute an Addendum to the Emergency Viedical Service Director Contract between the City of Boynton Beach and Kenneth A. Scheppke, M.D., a copy of said Addendum being attached hereto as Exhibit "A". Section 2. Cassage. PASSED AND ADOPTED this This Resolution will become effective immediately upon day of December, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner C0mmlssloner ATTEST: Commissioner ~'ity Clerk Corporate Seal) ca~reso~agrccrmm~s~a:idcndumMed Dh' Agr-Schepple 11280 l Requested City Commission Meeting Da~es [] November 20. 200! [] December 4, 200! [] December 18~ 2001 [] January 2. 2002 VI.-CONSENT AGENDA ITEM B.2 : CITY OF BOYNTON AGENDA ITEM REQUEST ' " Oi NO' 208:35 Date Final Form Must be Turned in to City Clerk's Offie~ November 7, 2001 (5:00 p.m. November21,2001 (5 00p.m.} December 5, 2001 (5:00 p.m.) December 19,2001 (5:0( p.m.~ Requested City Commission Meefin~ DaTes [] January 15, 2002 [] February 5, 2002 [] Februag~ 19. 2002 [] March 5, 2002 Date Final Form Must be Turned in to Cit~ Cl~rk's Office lanuary 3, 2002 (5:00 p.m.) lanuary 16, 2002 (5:00 p.m.I February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administxative [] Development Plans ~ Consent Agenda [] New Business --1 Public Hearing [] Legal ~ Bids [] Unfinished Bus/ness [] gamouncemem [] Presentation [] City Manager's Report RECOMMENDATION: Motion to extend RFQ #007-2210-01/KR, MEDICAL DIRECTOR TO OVERSEE TH~ EMERGENCY MEDICAL SERVICES AS PROVIDED BY FIRE RESCUE/EMTS. PARAMEDICS AND LII0'EGUARDS, to Dr. Kenneth A. Schepphe for an annual expenditure of $ 23,500.00. (New REQ #020-2110-02/KR) EXPLANATION: At the Commission Meeting of December 5. 2000, this REQ was awarded to Dr. Scheppke. This RFQ is due to expire on Deceiver 31, 2001; however, we have the option to renew this contract for an additional year under the same terms and conditions if all parties agree and it is in the best interest of the City. Dr. Scheppke has agreed to renew with an annual salary increase of $2,500 and assurance that his designated replacement (physician who provides services in his absence) is provided with malpractice insurance (see attached letter). According to our Risk Management Department, the position of Medical Director is covered by the City's insurance, not a specific physician: therefore, any doctor acting in that capacity is covered by malpractice insurance. Deputy Fire Chief J. Ness has |nstified the annual increase since it is considered below the average fees paid by other Fire Rescue Departments (see attached Memo 01-073). We recommend the execution of Addendum #1 to the Contract for Medical Director to increase the annual expenditure to $23,500.00. NEW CONTRACT PERIOD: JANUARY 1, 2002 TO DECElVIBER 31.2002 PROGR_a~M IMPACT: The Medical Director will oversee the emergency medical services as provided by Fire Rescue. Paramedics, and Lifeguards, as well as other departmental administrative functions. The Medical Director will be an independenl contractor supervising and accepting responsibility for the medical performance of Emergency Medical Technicians (EMT's), Paramedics, and first responders/Lifeguards, fUnctioning in the Fire and Emergency Medical Services Department and the Parks and Recreation Department under applicable provision of Florida Statutes, Section 401.46. FISCAL IMPACT: ACCOUNT NAME/NIJMBER Other Contractual Services 001-2210-522-34.51 ANNUAL EXPENDITURE $ 23,500.00 S :~BULLETiN~ORM S~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Procurement Services Department Name City Altomey/:F/mace / Human Resources Cc: Deputy ChlefNess Chief Bingham Legal File S:~B ULLET1N~FO RM S~AGENDA ITEM REQUEST FORM.DOC FIRST ADDENDUM TO EMERGENCY MEDICAL SERVICE DIRECTORCONTRACT This Addendum, dated the day of November, 2001, amends the original Contracl between the City of Boynton Beach and KENNETH A. SCHEPPKE, M.D.. Unless expressly modified by this Addendum, the original terms of the Appointment Contract shall remain in full force. This Contract Appointment is amended as follows: Recitals,: 11. (Amended) The City will pay the Medical Director the sum of Twcn~' ,n..~ 'r~ ...... ~ r,^u~ e~ .nnn ,-~ "car ~;St,u, Twenty Ttiree Thousand F~ve Hundred ($2~.500) Dollars per year. wkh the monthly' rate bem~ N~neteen Hundred Fifty E~ht Dollms and 3~ 100 Scvcr...:~.~ k.~,.,. ...... : ~ ..... x~.~, ...... ~ ....... $1,9>8.37)~per month for twelve months; ~aYabie ~ the end Of each month for services outlined in'this contract. ~ Article 20. (Amended) The term of this agreement shall be for twelve months eC-e,~,.,~,,~ ~× ....... ~..~n~ ~ ...... ~' Dcccm~ g'l 2991 Janm/rv 1,, 2002 through December 3t 9002. The Deputy Director of Financial Services may renew the contract, at the same terms, ~d conditions '~br one (1)sdd~tional one (l) year term, ~subject t° .vendor acceptance, satisfact0m ¢~iom/ance ana determki/ifion that renewal will be ih.the'besi ~ntereSt of the City. In the event of a conflict between the original Contrac~ and this. Addendum, the Addendum:shall ~ontrol. The foregoing provisions represent the agreement of the parties and become effect on January 1, 2002, subject to ratificati°n by the city Commission. Kurt Bressner City Manager Dated: Dated: Kenneth A. Scheppke, M.D. Medical Director Fire Department Memorandum 01-073 From: Date: Bill Atkins Deputy ~ef J~ November 9, 2001 NOV 18 2001 DEPT. Fi~e,~,e~c,:u.~ ~. ~art~,~ ent~ MeScal Di[e~ctor C~)gtraet Re~w01:;_. As of this date you~s~ould%haverec~ved Dr.-$ch,epp~/e s renewal contract addendum from our Legal:Department. 'T~i~re Were:~0 ~U~S' that Di-:"S~h~pke asked to be ~esoiw~i ~i~ this ,a&io~dufi; ,an ~e:~ ir~-~!~ g:$2ii00.o0~r ~e~, a~l assurances that his des/gnaled .Tepi~!c/ement~(~e.i~'~i~,W~o~;~S~ ~ ~gnec~6~_e~n and Co~age ih his ~b~nee) is p~o¥~ded ~wi~-~,fl~t. mall~ ~aCgc~nsurance; : AC c~q3'~!! gg to,, ,qmr ~Pd'.~rM;aggg~em~;)Dep~ent, the po~t~on ,of Medical D~rector ~s what ~s covbr~l b~ ti~e~e~ty s ~suxanc¢, not i~e sl~e~i~ pi~y~iciad n~d m the contract; ~erefore any doet, o~ac~gim, ~ ~aga ~:,y. gas ,n~;!Praettee msw~e, ~a~erage The addiuonal $2500.00 ~n salary ~s ~e~nable and,st~ pro~l~ ~ a~mhal s~ that ~s well below the average Medmal Director contraCt fees seenin other heal Fire ~[escu~ Depments. ~ :~ Please proceed with the agenda rcq~t40r tlu's,~portag~ contract ~tem. Your assistance in this matter is appreciated. C: ChiefBingham RECE BoynWn Beach ]~mt~m B~a~, FlorMa Td~ No: (~J) 742.65~0 ~A~: (56D 742-6306 NAME OF ILFQ: RI~Q~ "MEDICAL DIRECTOR TO OVERSEE THE EMERGENCY MEDICAL SERVICES A~ PROVIDED BY FIRE RESCUE/EMTS, PARAMEDICS AND LIFEGUARDS" 007-2210-0UKR Agreement between the City of Boy.on Beach, Owner; and KENNETH A. SCHEPPKE. M. D. Con~raet ReneWal Period: JANUARY 1~ 2002 TO DECEMBER 31.2002 ~Yes, Iagr~ to__r~ .¢~. ~he exi~ng conJrac.t un~,cr ~9 same ~T ~er~s~ .~a~Conflifions fgr.ap, '' nal ear.Wjth~e .e~..-c~i°ntha~tbe~ .awm, mcr.e, ase..oy~,z,~uu.uu y..~r~oa~wi of $23,5~l~er ~ea.r. And hab,hty cove. rage fo.r ~ u~ti~s of m. ed)cai dire .cto..r as.s a.t~rted ,n contra also COv.er a. ny;pliysic!a0, that has~e ro~e ot acting_or assistant me(]~ca~ o~rector in my absence. Ho, t dO not wish to renew me contract at ~is th]3e. NAME (print~ or ty¢o~ t t (AREA CODE) TELEPHONE NUMBER m O0 ~o~: Om rtl o o0 i1'1 Z ~ m ~"n ~c~m ~oo m ~ m_ 0 Om ~m Requested City Commission Meeting Dales [] November 20; 2001 [] December 4. 2001 [] December 18, 2001 [] January 2. 2002 VZ,-CONSENT AGE NDA ITEM B.3 CITY OF BOYNTON AGENDA ITEM REQUEST FO t¥ 'RM Date Final Form Must be Turned in to City Clerk's Office November 7. 2001 (5:00 p.m.) Nov6mber 21, 2001 ~5:00 p.m.) December 5, 2001 (5:00 p.m.'~ December 19, 2001 (5:00p.ra.) Requested City Commission Meefin~ D~atel [] January 15, 2002 [] February 5, 2002 [] February 19, 2002 [] March 5, 2002 Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 (5:00 p.m.) January 16,2002 (5:00 p.m.) February 6,2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adminiitrative [] Development Plans ~ Consent Agenda [] New Business [] Public Hearing [] Legal · ' Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to extend contract for the COLLECTION AND REPORTING OF TH]~ CITY OF BOYNTON BEACH DELLNQUENT ACCOUNTS, RFP #029-1410-01/KR, to CREDITECH for one additional year. (New RFP #013-1410-02/KR) CONTRACT PERIOD: JANUARY 20, 2002 TO JANUARY 19, 2003 EXPLANATION: At the Commission meeting of January 20, 1998, this bid was awarded to Creditech of Bangor, PA for a three-year period. We have developed an excellent working relationstKp throughout this contract period and they are knowledgeable in the use of key personnel for the different types of Collections. This has set up a favorable network of communications for collection services. This RFP will expire on January 19, 2002; however, according to the Terms and Conditions, we have the option to renew for one f'mal year, provided both parties agree (see attached letter from Creditech). Bill Atkins, Deputy Director of Financial Services concurs with this request (see attached Memo). PROGRAM IMPACT: The purpose of this Request for Proposal is to provide the services of a responsible proposer for collection and reporting relative to the collection of the City's delinquent accounts including: unpaid final utility bills, false alarm fines, bad checks, lot clearing charges, and fire inspection fees~ FISCAL IMPACT: This collection service allows the City to have the potential of recovering a net 80% return of the uncollected accounts. Creditech retains 20% only on funds collected. The history of collections with Creditech is as follows: DESCRIPTION NUMBER ASSIGNF_I} COLLECTED I BALANCE PERCENT Utility Accounts 3,009 $377,824 $10,404 ! $366,371 2.76% Fire Inspection 495 37,143 14,491 ! 22,576 39.09% LotLiens 107 · 40,863 2,145 i 38,718 5.25% Roll Off Dumpsters 121 90,502 17,232 [ 72,710 19.16% TOTAL 3,732 $546,332 $44,272 ! $500,375 8.10% S:~BULLETEq~ORMS~AGENDA ITEM KEQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Utility Billing has a historically low rate of r~eturn. This low rate 0f:r~Urn i! due primarily to the timing of turning over utility bills for collection. The last utility bills turned over to Creditech were transmitted in January 2001 for fiscal year ending 1998/1999. Our Ufiliffes~Depa{tment makes multiple attempts to .collect the delinquent, accounts, using the collection agency as a last resort. By the time the C011eetioa agency receives the delinquent accounts, it is very difficult to collect outstanding balances ~ demonstrated by. the sta!!s~ties. ~Fo~' example, of~ti~:$377,824 assigned the~'e are $116,137 accounts that had no ph~n~, or Unabie to contact; $107~679 :that Were being processed as ~kip tracing~for~locat~on~ .:a~., d ~32,359 that,had n0~ phg~ ~n.e~or gddress.-,, Tl~S ~repres~nts $256,176, or 67.8%.05 ~e~,accounts turned over for collection. · Attached are detailed spreadsheets for each of the aecount~ that have been turned over for colieetion. Department Head's Signature Procurement Services Department Name cc: Diane Recse, Finance Director City Manager's Signature / City Attorney / Finance Human Resources S:~B ULLETIN~O RM S~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH FINANCIAL SERVICES PROCUREMENT SERVICES DIVISION MEMORANDUM TO: FROM: Karen T. Riseley, Buyer Procurement Services Division Deparnnent of Financial services DATE: October 24, 2001 SUBJECT: Reques{ed;~xtcnsior~.of Creditech RFP#013-1410-02/KR Creditech has provid~d?ollecfion~ Seawices for the City's delinquent accounm since Januao7, t998. This c~ll~tion ag~ncY~had done an excellent j~b considering the extreme delinquency of the: a~counts the City sends for collection. They have also set up a favorable network of'communicatiOns: by using key personnel for the different types of collections (i.e., utility billing, false alarms, lot mowing). Attached are detailed spreadsheets for each of the accounts that have been turned over for collection. I recommend the renewal of the contract with Creditech for one final year. CITY OF BOYNTON BEACH COLLECTION OF DELINQUENT ACCOUNTS AS OF NOVEMBER 16, 2001 FIRE INSPECTION FEES -ACCOUNT #2014 DESCRIPTION 'NO. ASSIGNED COLLECTED BALANCE % REC'D. ~,ctive Account 43 $4,492.00 $0.00 $4,492.00 0.00% Bankrupcy. NoAssets. 4 $282.50 rS0*00 ,~ $282.50 0*00% Collection Effort Exhausted 45 $3,910.00 $35.00 $3,875.00 0.90% Deceased. No Estate or Beyon Claim t $120.00 . . $0 00: $'~20.00 0.00% Disputed 3 $~ ~ ~' r$~0~ $231 00 ~ 0 00% NO Address or Phone 1 .... ~ .,. · .-,..~. o Nb Response to Efforts 1 ;$7~;~00. :. 4.. ?$0~0~i. 't~ $75.00 0.00% NO PheJ~e/Unable to Contract 144 $7,,817.00~ . $0.00 $7 817.00 ' (D.mi~t Credit Reporting 8 $~64.§0 = ' $0 0O~;' - $464,50 ~aid in Full 156 $14 456;50 $14,456~50: $0~00 100~00?/°= ~ro~i~9 of Payment 6 ~ , $~i)~;~,~o $0:0o,: $894~50 ooo%; ~S~ Cted State ' 2 $200.~0 $0.00 $200100 0;00 °/~ ,Skip. ~ted,ath New Address 2 $ 50 b0 $0~oo $15o eo oo0,% ~. ~!~ for Location 67 ;' ~ ..... ~z-';~ '~ ~ ' '~; TO~S'FOR FIRE INSPECTION 4~ $37,:1.~3~0; $14~f~5~; ~:$22~576.50~ ' CITY OF BOYNTON BE~JCH COLLECTION OF DEL~I~QUENT ACCOUNTS AS OF NOVEMBER 16, ~01 LOT 1 lENS - ACCOUNT ~1935 ..... '~"- I~=~~- NO. ASSIGNED COLLECTED BALANCE % REC'D. Active Account 6 . $1,112.50 $0.00 $1,112.50 0,00% Collection Effort Exhaus]~J 19 $10,077,00 $0.00 $10,077.00 0.00% De~s~d. No .Es~ 0r ~'5~oh Claim · 3 $1,905.00 $0.00 $1,905.00 ' 0.00% Disputed - ' 5 $905.00 $0.00 $905.00 0.00%' No Add~ess or:phOne . ' 3 $2,217.50 $0 00 $2,21~7.50 0.00% NO Phone/unable toC, e~'act. 36 $14,318.00 $0.00 $14,318~00 0.00% Omit credit Rep0r~ing 2 ' $775.00 ] $0.00 $775.00 0.00% )aid in Full 7 $2,145;00 I $2,1~-5.00 $0.00 100.00% Refuses to ay · 2 $520.00 . $0.00 $520~00 0.00% Restricted S~te ' ' 1 $337.50 $0.00 $337.50 0.00% Skip. E(~cated e~ Ne~9~A~r~s . 1; : $250.00 $0.00 $250.00 , 0.00% Skip. Tracingf~)~' Location ~ ' ' 22 . ~ $6,300,50 $0.00 $6,300.50' . 0~00% TO~FOREO~UENS , 107 ~$40863,00! ~ $2,~45~O0 $38,71~o6 "~ = CITY OF BOYNTON BEACH COLLECTION OF DELINQUENT ACCOUNTS AS OF NOVEMBER 16, 2001 ROLL OFF DUMPSTERS - ACCOUNT #2032 DESCRIPTION ~NO. ASSIGNED COLLECTED BALANCE % REC'D. Act ve Account % ~ ~ . 17 $21 522.16 $244.00 ~$21,278.~16 1.13~ Bankruptcy. No Assets. ' 1 $4,474~96 $0.00 $4,474.96~ . 0.00% 3ol ect[an Effort Exhausted 5 $1,758.38 $0.00 ~ $1,758.38 0.00% DispUt~~ ' r '2 :' $10971.82 ' ,,Se;0~:t' i*;!$10,97~,62 '.0,0O?/O, NO;Add?Ss Or:Phone,,, , 3;' : $3,8~9.28 $0.00 $49b:o9 ~ $206 fO~S:~q~ 80~[ OFF DUMPERS ,121 ' '~ ,$90;~2,~2 ~ $~7,23~7S ClTY OFBOYNTONBEACH COLLECT ONOF DEL~QUENT ACCOUNTS AS OFNOVEMBER162001 UTILITIES - ACCOUNT #1886 DESCRIPTION NO. ASSIGNED COLLECTED BALANCE % REC'D. Active Account ' 459 ~ $22011.35 $52.85 $21,958.50 24.00% Bankruptcy. No Assets. 9 $2,757.72 $0.00 $2,411.06 0.00% Col ection Effort Exhausted 302 $57,926.28 $96.37 $57,829~91 0.17% Deceased. No Estate or Beyond Claim 19 $2588~44 $0.00 $2,588.44 ~ 0.00% Disputed 50 $4,890.31 $000 $4,890.31 0.00% Hold/Acct. Being Worked 4 $242.I0 '$39.14 $202.96 16.17% Incarcerated 1 $253.89 $0,00 $253.89 0.00% hie Address or Phone 185 $32,432.34 $72.42~ $32;~59.92' 0.22% Nursing: Home Resident 1 $68.87 $0.00r $68~7'-I 0.00% NO Response to Efforts $1!091.71~ $0.00 . $1091.7'1 0.00% No Pho~e/Ur~able to Contact 81309 ' $116i136.80 $0~00- $116,136.~b ' 0.00% ~Jon-Sufficient Info~ 2 $152:92 $0.00 $152.92 0:00% Omit Credit ~eporting 10 $1449.g7~ $0.00 $1449~07 0.00% Pad it~' F~li~ ~ 174 $9;793.805702.98 $95250i00~93~0~ $452.9850'00 .100.00%35i56% .=ayment Plan 2 =romise of Payment 80 $~,875.~$ $~00.00! $3?775.55 2.58°/ ~efuses to Pay 29 $6681.68 $0;00 $6,681 ;68 0.00% ~,.e~.?iCted State 31 $~{~9.36 SO. q0 $2,659.36 000% Skip, Located at New Address ~9 $3~7~187 'SQl00' $3,728,87 0.00% 707 $107,679.10 $Q.00 $107,679.10 0.00% ~kip. Tracing for Location turned ove~ in Error t6 $701.36 $0.00 $0:00 0.00% TO~FALS EOR UTILITIES 3009 $377,824~0 $10,40~58~ $366,3'Lr1~ 2.~ ~C~.~WD 0~'26 .i'Creditech~ Inc. President (610) 588-09~5 ext. 239O 06g ~x~ S960 9~ 0~9 :~aq~r!N eo!o,~,t J,~ieji;uJij_ :Luo~3 [OC)~ '8~ ]eqo~oo '~epsani: s! ~epo£ '~a~!peuJuJ! ~960 ~; o[g lie3 aSeald 's~§ed eql IIe e,qe3aJ 3ou op no~ j~. ~08~ Vd Jo6u~8 'ieaJlS ql. ua,",e$ 'N O§ Requested City Commission Meeting Dates [] November 20. 2001 [] December 4, 2001 [] December 18. 2001 [] January 2, 2002 VI'.-CONSENT AGENDA I'TEM B.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date FSnal Form Must be Turned Requested City Commission in to C'it~ Clerk's Office Meeting Dates November 7, 200t (5:00 p.m.) '-' January 15, 2002 November 21. 2001 (5:00 p.m.) ~l February 5. 2002 December 5. 2001 (5:00 p.m.1 -- February 19. 2002 Decemberlg. 2001 (5:00p.m.) '-~ MarchS. 2002 Date Final Form Must be Turned m to Cit~ Clerk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.) Febraa~ 6. 2002 (5:00 p.rn.) 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 RECOMMI~NDATION: A motion to extend the: ANNUAL SUPPLY OF HYDROGEN PEROXIDE BID#021-2821-01/CJD, to VULCAN PERFORMANCE CHEMICALS for an additional year for an estimated annual expenditure of: $205,000.00. CONTRACT PERIOD: NOVEMBER 27, 2001 TO NOVEMBER 26, 2002 NEW BID#022-2821-02/CJD EXPLANATION: The current bid will expire on November 26, 2001. However, we have an option to renew for one additional year under the same terms, conditions, and price, providing all parties agree. Vulcan Performance Chemicals, Inc. of Orlando, Florida has agreed to the extension (copy of letter attached). This company has provided us with this chemical in a satisfactory manner. Barbara Cunboy concurs with this recommendation see attached memo #0t-273. PROGRAM IMPACT: The purpose of this bid is to secure a source of supply of Hydrogen Peroxide, which is used to neutralize hydrogen sulfide. This is to prevent corrosion due to the elements in the various lift stations to such materials as concrete, steel, electrical components, etc. and also aides in the reduction of objectionable and dangerous odors to neighbors and employees. FISCAL IMPACT: ACCOUNT DESCRIPTION: PROCESS CHEMICALS Department Head's sxgnatur'~'~ ACCOUNT# ACCOUNT BALANCE: Procurement Serv/ces Department Name City Attomey~fFinance Human Resources S :XBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC C: Barb Conboy - Utilities Administrator Mark Law - Deputy Director of Utilities Tony Lombardi - Supervisor File MEMORANDUM TO: Bill Atki~s Utiliti¢~ D~partm~m J ). f¢ot DATE: November 14, 200l SUBJE(~: Piggy-back City of Ft. Myers, FL B~d ~21-94-95 Hydro~ ~ Sul~do ~mL Se~c~ with V~lc~ C~omi~l of Orl~do, FL ~It~ . ~e Utilitie~ DepoSit W~t~tec Pumping 8t~fi~s Di~s~ ~s Hydrogen Poroxid~into ~ w~ater S~tem to control Hy&~gmx Sulfide ~d n~ly occur in th~ ~ast~at~ syst~, ~ Utflifi~ D~m~t h~n utili~ng ~e City of F~ My~, FL bid wi~ Vulcan Ch~nfic~ process has beon Sulfid~ in-the sys~era. The Utilities Department rocommends approval t0 ~atin~ piggy-b~king City of Ft Myers bid ~21-~4-95 with Vulc~ ChemiCal'. $205,~0;00 i~ ~able in Pro,ss Ch~cals ~c~t ~0:1-2816.536-52-35. Pl~e pl~e.~is r~est on the ~t Commi~ion ~da, for thee approve. If you ~v~-~y q~tJonsc pl~ ~umot Mark L~w at ~xt. ~03~ or Tony ~mb~i ~t ~t. ~21. Attachments - r~newal letter!Council action/insuranc~ c0r~ificste cc: Dale Suge~raaa Mark Law Tony Lomb~rdi mOR OUM RECEIVED Utilities #01-273 NOV 1 5 2001 TO: FROM: Bill Atldns P. rocurem~e~, t ~ervices Barb Conboyq Utilities Department DATE: November 14. 2001 SUBJECT: Piggy-back City of Ft. Myers, FL Bid #21-94-95 Hydrogen Sulfide Control Services Agenda Item the Utilities Department Wastewater Pumping Stations Division doses Hydrogen Peroxide into the Wastewater System to control Hydrogen Sulfide and odors that namratly occur in the wastewater system. The Utilities Deparunent has been utilizing the City of Ft. Myers. FL Bid since December 1995. This bid includes supply oftank and dosing equipment, monitoring of sulfide levels, dosing level adjustments, delivery of Hydrogen Peroxide and result reporting. This service process has been successful in controlling Hydrogen Sulfide in the system. The Utilities Department recommends approval to continue piggy-backing City of Ft. Myers bid #21-94-95. $205,000.00 is available in Process Chemicals account #401- 28 i6-536-52-35. Please place this request on the next Comnussion agenda for their approval. If you have any questions,'please contact Mark Law at ext. 6403, or Tony Lombardi at ext. 6421. Attachments - renewal letter/Council actior[ insurance certificate cc: Dale Sugerman Mark Law Tony Lombardi U an Performance Chemicals September 28, 2001 Mr. Anthony J. Lombardi City of Boynton Beach 124 E. Woolbright Road Boynton Beach, Ft 33435 Re: Contract Renewal Dear Mr. Lombardi: This letter is to advise the City of Boynton Beach that Vulcan Performance Chemicals would like to extend our products, equipment and services agreement for an additional year under the same terms and conditions. The City currently piggybacks a Florida municipal contract with the City of Fort Myers (bid#21-94-95, Hydrogen Sulfide Control Services) that has also been renewed and is include in this package. If for any reason the City requires additional information or documents please do not hesitate to call me a~ 1- 800-749-7376. Sincerely, Michael R. Nostro Eastem District Manager Vulcan Performance Chemicals 4207 S.W. 34th Street · Orlando FL 32811 m 800.749.7376 407,426.6977 · Fax 407.426.7178 · www.vul,com A Bus ness Unit of Vulcan Materials Co~ zany Uul[an Performance Chemicals September 28, 2001 Mr. Anthony J. Lombardi City of Boymon Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Re: Product Comparison for Hydrogen Sulfide Odor Control Dear Mr. Lombardi: Vulcan Performance Chemicals VPC has been providing the City of Boynton Beach with hydrogen sulfide control services for many years. The VPC hydrogen sulfide control program is much more than just chemical addition. In order to provide a program that will eliminate hydrogen sulfide odors, prevent corrosion of the infrastructure and ensure a safe work environment VPC has spent hundreds of hours working in the collection system. Currently, VPC personnel visit the City of Boynton collection system and perform weekly sample analysis of liquid and atmospheric sulfides. These tests are compiled along with inventory management and presented to the City on a monthly basis. All of these services are unique to this industry and VPC believes that no one can match this level of service. Hydrogen peroxide is currently the best chemical of choice for the City's application. This product was selected over other technologies for the following reasons: · Hydrogen Peroxide is specific to Hydrogen Sulfide; it reacts with H2S first before any other organic compounds. · The only by-products are water and oxygen and they are beneficial to plant operatmns. · The location of chemical feed points in the City's collection system limits the number of technologies available. VPC offers other technologies such as NITRAZYMErM sodium nitrate solution, ferric and ferrous chloride, Aktivox, and many others. We are the only company that offers our customers products that :ustom fit their application. Therefore, we offer products that meet the customer's criteria and do not force fit an application. 4207 S.W, 34th Street · Orlando FL 32811 · 800,749,7576 407.426.6977 · :ax 407,426.7178 · www. vut,com Mr. Anthony J. Lombardi City of Boynton Beach September 28, 2001 Page 2 I hope this meets your approval, if you have any questions regarding the odor control program or any of our products please call me at 1-800-749-7376. Sincerely, Michael.~s:o /~-~ Eastern District Manager Vulcan Performance Chemicals CC: M~r; William.C. Mitchell - VPC City Fort M3t'rs, Floqda lu.~c 13, 2001 Vulcm Performen~ Chemical Attn: Bill S~ratton 4207 SW 34m Street Orlendo, FI 32811 Re: Bid #21-94-95, Hy&ogeax Sulfide Control Services It is the intent of the City of Fort Myars to ex~rcise the option to renew Bid #21-94-95, Hydrogen Sulfide Control Services for another year at the same tm-ms end conditions ~ contained in the bid documents. Please complete the following end retm~ to this office. We are in agreement: We are not in agreement: With the City of Fort Myers to exercise the renewable option of one (1) additional year. Nme of Company Tel~h~: Nmb= D.,7/1'71O/ Sincerely, City of Fort My~r~ Colleen Gliddm, lhm,~ha~iag Agorot II Dcpartm{mt of lh.lr~h a qing 'k 'COUNCIL AGENDA ITEM 5LrMMARy C~NSENT COUNCIL MEMBER'S AG~IDA REPORT OF MAYOR REPORT OF CFF~ ~ · PIETITIQN~B & COMMUNICATION~ OI~DINANC~ 8, RE~DLI. FHONS Laurie Purch~ing RI 10:26 FAX 56] 375 6185 [~002 =~ : ONLY A~ CQN~ NO RIG.S U~N ~E ~r5~ ~ ]~. :{ HO~. ~ ~Tlfl~TE DQ~ NOT A~D, ~ OR Bf~n~, ~ ~ COMPANI~ AFFORDING COV~GE A O~ REPUBLIC ~5~CE C~Y ~V~ Purv~s f2~) ~3-3~47 - VUL~ ~Z~L TECH~]~. I~, ~ B ~O ~P~LIC INS~N~ CO P 0 ~X 3~S0~4 C RESP~T TO ~[~= ~O~A~I~J ...... ~t~u~E~FORDEO ~ THE ~L~CIES O~Ca~ H~ ~S SU~TO A~ THE Mo~u~ ~B 18~6 llOl/Ol 1102102 ~ ~c~ ~ccm~ ' 2.000.0~0 ~ 1/02/02 A EX. SS ~E~' ~ 572 AO 1101/01 ~ $~ FIR PER ~ Note: Vulcan C~fcal T~hno7~f~, Inc, ~lOla Yu]caothe ~eralPerf~e" ~lcals.~71cy ~e:~:e~]fffcateA~tle ~ ~ L~aolli~y P 0 ~x ~lfl Requested Cit) Commission Meefin~ Dates [] November 2C. 2001 [] December 4. 2001 [] December 18, 2001 January 2, 2002 VL-CONSENT AGENDA ITEM B.5. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Forra Must,be Turned in to City ~rk's Office November 7, 2001 (5:00 p.rmI November 21, 2001 (5:00 p.m.) December 5. 200l [5:00 p.m.) December 19. 2001 (5:00 p.m.) Requested City Commission Meet/ne 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 I6, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.rca) February 20, 2002 [5:00 p.m.: NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda --] New Business [] Public Hearing 1~ Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A Motion to approve the "piggy-back" of the City of Tallahassee, RFP#0310-00-KR-CC. awarded to: I~RR & DOWNS RESEARCH, for a comprehensive Citizen Satisfaction Survey in an amount not to exceed $24,900.00. EXPLANATION: The City desires to retain a professional consulting firm to assess community perceptions of the overall quality of City services including delivery method, responsiveness to customers and value of services that we currently offer. It will determine customer satisfaction for specific services and establish standards for comparing current results, with results from future surveys. They will also solicit input on strategic planning policy issues. These objectives will be attained by telephone surveys of citizens living within the City limits along with conducting focus groups. PROGRAM IMPACT: This survey is designed to ascertain the public's opinion of City services and programs. The information gathered by the survey will be used as a measurement of the public's perception and level of satisfaction. This information then becomes a major factor in guiding the development of the City's operating andcapital budget. FISCAL IMPACT: ACCOUNT NAME PUBLIC AFFAIRS 001-5000-590-02277 COMMUNITY PROMOTION 001~1211-512-48-01 CITY HALL CONTINGENCY 001-1211-512-99-01 Deputy Director of Financ/al SerVices Procurement Services Department Name ACCOUNT NUI~BER BUDGETED AMOUNT: $15,000.00 5,000.00 5,000.00 City Manager's Signature City Atterne'y 7 Finance / Human Resources S:~BULLETIN~O1LMS~AGENDA ITEM R~QUEST FOltM.DOC C: Pat Spoerri - Human Resources File RESOLUTION NO. R- 01 A RESOLUTION OFTHE CITY'COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE "PIGGY-BACK" BD OF THE CITY OF TALLAHASSEE, REP#0310-00-KR-CC, AWARDED TO K RR i' DOWNS ,.,Pal/SEARCH, FOR A COMPREHENSiVE CITIZEN :SATISFACTION SURVEY 'IN THE A~QUNT 'OF~ TWENTY FOUR THOUS~ NII'CE: ~RED DOLLARS ($24,900.00); AND PROVIDING'AN E~FECTIVE DATE. WItEREAS, it is the City's de,ire to retain a professional consulting finn to assess community perceptions of the overall quality of City services including delivery method, respor~sivencss to customers and value of services which is currently offered. WIllgREAS, the City of Tallahassee completed a, similar comprehensive needs assessment by using a formal Request for Proposal Process (RFP) and awarding the bid to Kerr and Downs Research, known as RPF#0310-00-KR-CC; and 'q~IEREAS, the City of Boynton Beach desires to 'o'Piggy-Beck" RPF#0310-00- KR-CC ofthe City of Tallahassee. NOW, TIIEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION DF TIlR CITY OF BOYNTON BEACII, FLORIDA, TIlAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the "piggyback" of the CiD' of Tallahassee, RFP # 0310-00-KR-CC, for the comprehensive Citizen Satisfactory Survey in the mount of Twenty Four Thousand Nine Hundred dollars ($24,900.00). See attached Exhibit "A", ConsuRant Agreement Form. Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED ~is ATTEST: City Clerk :Resoh°iggy-Back ~2it/zen Satisfaction Survey. __ day of December, 2001. CITY OF BOYNTON BEACH, FLOPdDA Mayor Vice Mayor Commissioner Commissioner Commissioner CONSULTANT AGREEMENT FORM CONSULTANT SERVICES THIS AGREEMENT is entered into between the.City of Boyaton Beach, hereinafter referred to as "the Ci~" and KERR & DOW'NS RESEA~RCH hereinafter referred to as "the Consultant", in eOnsideration6fthemiitual benefits, terms,-and'condit~ons hereinafter specm . PROJECT DESIGNATION. The Conslahan[i~s r~etained by the City to perform consultant services in connecfioh With the project'designated "CUSTOMER SATISFACTION SURVEY". 2. -scOpE 0F SERVICES. Consultant agree~ to perform the services, identified on Exhibit "A" attached hereto, including the pmvisio~ ~>f all labor, materials, equipment and supplies. 3. TIME:FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product reqgired pUrSuant to this agreement by I~2ODA~ from the date:written notice is givea to proceed, unless an extension of such time is g~anfed!in wriiing by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $24,900.00 without express written modification of the agre~rnent signed by the City. b~ The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work p~rformed, services rendered and for all materials, Supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CA-1 OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Cons~lta~.;,~ ¢o~ectmn w~th the sermces rendered under this agreement-shill be the property o~tlle City ~vtie~er ~he project for which they are made is executed or not. The Consultant shatl be permitted to retmn copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Ci)nsultant's endeavors~ COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated bY this se~ee agreement, faithfully Observe and .comply with all federal, state and local laws, ordinances and ~egulatious that are applicable to the services to be rendered under this agreement. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its officeS, agents and employees, from and against any and ali claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. INSURANCE. The Consultant shall secure and maintain in for~ce throughout the duration of this contrac~ comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence and $1~000;000.00 aggreghte for personal injury; and $1,000,000.00 per occurrence/aggregate for property damage, and professional liability iusurancein the amount orS1;000,000.00. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultanl nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for ~ontribnfing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA-2 l 1. DISCRIMINATION PROHIBITED. The ConSUltant~ with regard to the work performed by it under this agreement, will not discriminate 0n,'the grounds ofrace, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the.servmes covered by this agreement without the express written consent of the City. r Waiver b the Ci of any~ provision of this agreemem or any time 13. NON-WAB, ER. ~ ~ y. , ty ~ : . ~: ,. . limitation pr6vided for in this a~ement shall~not constttute a wmver otany omer prows~on. 14. TERMINATION. at any time by giving tm (10) a.' The City reserves the-fight to terminate this agreement . · days written notice to the Consultant. b. In the event of the death of a,memher, partner or officer.of.the Consu!,tant, or any of its supervisory personnel assigned to the project, ~he' sUrViving members ~f the ConsUltant hereby agree:to'complete the~vork under the terms of ~ agree~m:,e.nt, .if reques, t,ed~t_O_ede~ So by the City. This secffon shall not be a bar to.renegnt~at!ons oltms agreement oe[w surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of ~s g~eem.em s, hall ?e adjudicated within the courts of Florida. Further, this agreement shall be consu'uect uncter Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach. FL 33425-0310 Atto: Patricia Spoem Notices to ConsuRant shall be sent to the following address: Kerr & Downs _Research 2992 Habersham Drive Tallaha~qsee, Florida 32308 CA-3 17.~XlTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and s~p~sedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this day of 2001. CITY OF BOYNTON BEACH Mayor Consultant Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Auest/Authemicated: Office of the City Attorney Secretary Rev. 1/22/91 CA4 From: D~te: Re: Bill Atkins Deputy Director 9f F nance/Purchas ng Agent Wilfred Hawkins Assistan. t6tyManager ~/~t~., November 20; 2001 CITIZEN SATISFACTION SURVEY I have been directed by staff to undertsk¢ an opinion survey of the City of Boynton Beach residents. This survey is designed to ascertain the public's opinion of City services and programs. The inform~.ii~nlgathered by the survey will be used as a measurement of the public's perceptior~ ~d level of satisfaction. This information then becomes a major factor in gui~ling tl~ deve opment of the C ty's operat ng and capital budget. I would like to piggyback the Three Year Request for Proposal (RFP) that was issued by the City of Tallahassee in January 2001'~ (See attached Proposal #0310-00-KRr CC.) The awarded Consultant was Ker~-artd Downs Research, Inc. of Tallahassee, Florida in the amount of: $24,900.00. Ken extend their proposal to the City of Boynt, letter from Kerr & Downs Research, I~C ) accounts Public Affairs encumbe~ed fun~ Hall Community Promotion - 001-1211~5 Contingency 001-121 i-512-9901 $5 000~ and Downs Research, Inc. is willing to ! Beach for $24 900 00 (see attached I';h. ese funds are available in the following .001-5000-590-0277 $15 000.00, City ).-4801 $5,000.00 and City Hall ). The objectives of the research are to assess community perceptions of the overall quality Of City services including delivery method, responsiveness to customers and value of services that we currer~tly offer;Itlt will determine customer satisfaction for specific services and establish standards fPr comparing current results with results from future surveys. They will also solicit in. Put on strategic planning policy issues. These objectives will be attained by telePhene surveys of c t zens v ng w th n the City limits along with conducting tocus gm,ps. Please place this item on the Agenda for December 4, 2001. NOUr~O-E~O1 16:~4 FRC~:KERR DOWNS RESEARCH 850986311~ TO:150975~SW~ P.001xBS1 Market Research & Opinion Surveys November 19,2001 D~ar Ms. Spoerri: This letter stipulates that Kerr & Downs Research is willing to contract With the City of Tallahassee to conduct a Resident Boynton Beach to conduct a Citizen Satisfaction Survey. Mo~ Downs Re~earehis willing to conduct 600 completed telephone: groups/'or the City of Boynton Beach/'or $24,900, the .sane ~ proposal liar the City f Tallahassee. The complete research methodology and detailed speeificatio~ ( preseatoal in a proposal submitted by Ker~ Beach. Philip E. Downs. PhD. Pm-met 2992 Hatmrshmn Dr. * Tallahas~e, Florida 32308 (1550) 906-3111 * FAX (850) 906-3112 * http://www, Kerr-Downs.eom City of Boynton Beach Services RFP Number 0310-00-KR-CC Kerr & Downs Research Project Director: Phillip E. Downs. Ph.D. 2992 Habersham Drive - Tallahassee. FL 32308 Phone: (850~ 906-3111 Fax: (850) 906-3112 http://www.kerr-downs.com Task 1 Class of Staff Rates Project Director Research Analysts Field Supervisors Interviewers Word processor/graphics Information Systems $175/hour $ 70/hour $ 50/hour $ 25/hour 5; 25/hour $ 70/hour Out of pocket expenses Telephone - no charge Travel- Boynton Beach will reimburse Kerr & Downs Research for R~eport publication - $ l 2.50/copy overhead and profit cannot be ascertained at this point. Fees Schedule (FY2001. FY2002. FY2003) Questiormaim development & focus groups Interviewer training& supervision Telephone interviewing Data entry & analysis Report preparation Word processing & graphics Supplies Total fees $ 3.000 $ 1.000 $10,000 5; 4.500 $ 4,500 $ 1,000 $ 900 $24,900 Task 2 Rates by Class of Staff will be the same as in Task 1. RFP Number 03~10-00.KR-CC Kerr & Downs Research Project Director: Phillip E. Downs, Ph.D. 2992 Habersham Drive - Tallahassee. FL 32308 Phone: {850) 906-3111 Fax: (850) 906-3112 http://www.kerr-downs.com II. IlL IV. Project Objective Task 1 - PY2001 Telephone Survey of Residents Task 2 - Other Services Kerr & Downs Research This proposal is in response to the City of Tallahasse.e Request For Proposals 0310-00-KR-CC extended to the City of Boynton Beach. The objectives of the research are to: 1. Assess community perceptions of the 0v~ quality of City services including delivery method, reSpOnSiveness to customers and value of services, 2. Detemfine customer satisfaction for specific services, 3. Esta~ standards for cox.. ,aring ~ ~t5 to future surveys, and 4~ Solidt input on strategic planning and po!i~ issues. Kerr & Downs Research will develop and operationalize a random digit telephone survey of 600 City of Boynton Beach residents. The sampling error x~ be ± 4.0%. The questionnaire will be developed m concert with City personnel, and it will be pretested. A proportionate, stratified random sampling process will be used. Experienced, trained interviewers will conduct the interviews. The following sections detail the research methodology and research process. Research Design The population for the study will be defined as adults, eighteen or older, who live in the City. in households with telephones? The sampling frame will be all working residential telephone numbers in the City. Interviews will be conducted using the "plus-one" version of nmdom digit dialing (RDD). This process enables all households with telephones within the City to be eligible for inclusion in the study. It is estimated that twenty to twenty-five percent of the households in the City have unlisted numbers. RDD telephone interviewing ensures that households with listed and unlisted numbers are included in the survey, thus making the sample more representative than if the telephone book were used as the sampling ffarrg. The sampling process will be a proportionate, stratified nmdom process, It will be stratified in that each prefix area (737,369, etc.) will represent a sampling area. It will be proportionate in that the number of residential listings in each prefix area will be proportionate to the total number of interviews to be conducted in each prefix. The sampling process will be random in that the last four digits will be randomly selected using the "plus-one" version of RDD. The population definition can and should be modified if the City's research needs warrant. 1 Respondents wittfin selected, households will be ehosen using the Hagen-Collier technique, in which successive interviews are systematically rotated a~'ross four des~gnatious: 1) oldest man, 2) oldest woman, 3) youngest man over 18, 4) youngest w~man over 18. This techrdq..ue prevents the sample from having high. lx:rcentages of females and older indiCduals. A screening question wil! be asked each respondent to ensure that he or she lives within the ~corpomted City limits~ The sample size will be 600. The sampling error for proportional data that follow a binomial distribution and given a 95% confidence level will be 4.0% Survey Content Kerr & DOTM Research will work with City personnel to develop a managerial sig~.ificant question- naire with strategic implications. Interviewing Personnel Kerr & Downs Research maintains a portfolio of experienced interviewers. The following individuals have been identified for the City of Boynton Beach Resident Opinion Survey: Barrett Waldrep - 1 years with KDRt Veto Griffin - 9 years with KDR Ivan Mm'ik - 3 years with KDR Paul Wotherspoon - 3 years with KDR Mary Homer - 5 years with KDR Lani Rogers - 5 years with KDR Yvonne Sims - 3 years with KDR Patty Mast- 3 years with }'..DR Nina Harding - 3 years with KDR Melanie Lovasz - 2 years with KDR Jessica Chervin - 2 years with KDR ~ .. KDR = Kerr & Downs Research 2 Interviewing Procedure To maximize.the probability or, reaching the appropriate household member, ~up to ~': telephone calls Will be~ made tO each designated telephone:nUmber on:different days,and:at different times of the da.v. ~Interviews will be ~conducted accoating to th6 following schedule: 4:00 p.m. - 9:00 p.m. Weekdays 10:00 a.m. - 9:00 p.m. Saturdays 12:00 noon - 9:00 p.m. Sundays A minimum of 10% of the completed telephone interviews will be validated by the field suPennsor. Validation will be completed, via :the telephgne. Positive i~emification of the respondent will be made. If a positive identification cannot be made. the questionnaire will be discarded. Interviewer Training The project director and the research director will be responsible for interviewer uaining. Topics to be covered in the training sessions will include: Purpose of the survey How the information will be used Sampling procedure Selection of appropriate household membex Detailed review of the questionnaire Methods for handling objections Coding procedures Maintaining a telephone log Role playing and practice interviews Standardized Survey Interviewing by Floyd J. Fowler, Jr. and Thomas W. Mangione will be the reference guide for the training session. Pretest The questionnaire will be pretested on ten individuals from different locations throughout the City. Modifications to the que~onuaire will be made based on the pretest analysis. Interview Facility Kerr & Downs Research's office at 2992 Habersham Drive, Tallahassee, Florida will be used as the intexviewing facility to conduct the telephone interviews for the City of Boynton Beach. The facility is equipped with twenty interviewing stations. Computer Assisted Interviewing As they are interviewing residents, interviewers will record answers directly into computers, The sol~- ware program that enables direct computer data entry will be written to exclude out-of-range responses and to assure that interviewers follow the appropriate skip patterns throughout the study. This process eliminate~ potential errors inherent in separate, manual data coding and entry steps. Analysis Data will be analyzed by SPSS. Frequency tables will ~be generated for each question in the survey. Crosstabulations for all questions wilt also be pefformed~ ~esti°hs Will be cr~stabU!atCd by geo- graphic and demographic variables mutually agreed UPon by the city and K&rr & Downs Research. Final Report The final report will be produced in PageMaker. The final report will include: Introduction - a description of the scope and objectives of the survey. Executive summary - a capsule summary of the major findings. A separate color Executive Summary will be provided for City Commissioners, the media and other special constituencies. Survey procedures - a detailed description of all survey methods. Major findings - frequency tables and written explanations of the results for each question. Compariso. ns of the FY2001 findings will be compared with future studies when appropriate. Graphics - color graphic presentation of major findings. Crosstabulations - results for relevant questions broken down by age, length of residence, home ownership, sex, income, race and geographic location within the City to be bound under s~arat¢ cover. Data and computer flies - a computer diskette with the SPSS system files will 1~ provided. The file will include variable names, value labels and answers by all respondents to all ques- tions. Fffieen bound copies on recycled paper of the final report will be presented as well as the "original" word processed version. Crosstabulation reports and twenty executive smnmaries will also be provided. Dr. Downs will b~ available on an "as ne~:xted" basis to make presentations or to discuss the results with interested parties. In addition, omi and written repoFts will be made available to th~ City Commission. Kerr & Downs Research will gather information from residents via tw0 (2)fo~asgroupS in Boynton Be~ich before developing a questionnaire. Phillip E. Downs, Ph.D. will moderate these focus groups. The City of Boynton Beach will: Kerr & Downs Research will interview, via telephone, city executives and line staff to include their ideas and suggestions for gems on the survey. Additional Research Services Kerr & Downs Research is prepared to provide additional research services including: Data collection Mail surveys Fax sUrVeys Intemet surveys Personal surveys Intercept surveys Case studies Focus groups In-depth surveys Analys~msstabulations Multi-dimensional scaling Conjoint anal.vs~s Regression analysis Factor analysis Discriminant analysis Cluster analysis LISREL analys~s Methodologies Strategic recommendations Research training and seminars Expert testimony Demand analysis la. Capabilities & Background Information* The City of Boynton Beach needs: * Confidence that research results from the Citizen Opinion Survey are valid, * Research. that is believed by tl/e public and the media, * Research that furthers the City's strategic planning process, and * A research panner who will be there to ~offer advice and make recommendations on a range of issues. Kerr & Downs Research provides: * More market research training and expertise than any other regional market research fn'm and most market research firms in the nation. * More expenence with municipalities and governments and non profit organi?ations than any other finn. * More strategic planning and marketing capability and experience than any other regional market research finn and most market research firms in the nation~ The numbering (e.g., "la") used m th~s secnon corresponds to the number on the Ctty s RFP, pages & 4. 6 '~' TO FOCUS ON KERR & DOWNS RESEARCH'S: * 2 Ph.D.'s on staff who specialized in market research and marketing in their doctoral studies and have 60+ years of market research experience, * Two partners who have WoI~ market resear~h ~wards from ¢0 ~efican Marketing' . Association, the Southern Marketing Association, the College of William and Mary; University of North carolina at Chapel Hill, Florida State University and the American Society of Associa- tion Executives, * 50+ academic publications on _~m~fke/t research, 30+ trade j~c/umat~fiblicat~ns..on~rket r~arcth * Senior'Field Supervisor who, ~has~ !0,3~ears cfi training and supervising interviewers, * Core of experienced ~telephone intg'rdewers; ~hethaye completed over !20,1}00 interviews around the ~vorld, * Abilip * : masters and bachelors ~ market research and over 20 years experience, and federal govemmeuts in which approximately 100 re on budget, and without anyone doubting the validity * Track rec~ afro .fferh3g strategic planning input to govemament over the past 10 y~ars, ~ ' * Two patm~rs who l~ve assisted over 100 not-for-profit and profit organizations in strategic planning, * Expefienc~ and, experfi'se;in,qnalitative research methods such as focus groups, * Successful completi°n of over 600 research projects, * Expert testimony on market research in legal proceedings and court cases, * Over lS~ipr~alaonS to corpora3e boards'and gq~er;nmental cemmiss!ons. * Teaehing~£ searchi~v~er ~!i000 Colleg~:igtudents and over 2,500 corporate and non pr/~fit ~executlVes. W WOULDBEMISSINGTHEPOINT The PO I NT is Kerr & Downs Research wrote the book on doing Citizen Opinion Surveys. Several govern- mental units including the City of Tallahassee design their RFPs based on pioneering work Ken' & Downs Research did for the City of Tallahassee in the mid 1980s. Prior to that time, the City of T allahassee's Resident Opinion Survey was a mail survey. At Kerr & Downs Research's urging, the method was changed to a tele- phone survey. This year's RFP makes reference to several methods and techniques introduced by Kerr & Downs Research originally: "a telephone survey" "pretest(lng) of the instrument to validate questions" "a proportional, stratified random sampling process" "95% confidence interval" Other what-are-now standard research techniques and terminology introduced by Kerr & Downs Re- search to the Citizen opinion research include: Population definition Sampling frame Random digit dialing Hagen-Collier technique for selecting respondents within households Screening~ questions Supplemental interviews to ensure a representative sample Weighted analysis Making UP to 3 calls per telephone number to ensure the integrity of the sample Validating haterviews through call backs Central site intervtewing to ensure the integrity of the interviewing process Perhaps less apparent, but equally important, are improvements to question wording introduced by Kerr & Downs Researc]z Ql.leStiOlmaire design is part science, part an. A few examples will illustrate the subtleties of questionnaire construction: 1. Do you favor extending the extra penny sales tax? 2. Do you favor or Oppose extending the extra penny sales tax? 3. Do you favor or oppose extending the extra penny sales tax which will cost a typical house- hold of three, $250 per year? 4. Extending the extra penny sales tax ~om the year 2004 to 2019 will cost the grpical household of three, $250 per year. The money will be used to build and widen roads and to save and improve lakes. Do you favor or oppose extending the extra penny sales tax? The first question is unbalanced, i.~, it mentions "favor" but not"oppose." Answers to the second questions will differ tiom answem to the first because of the formal balance achieved by adding "op- pose.'' The third question adds a sense of reality (cost) to the issue. The fourth question presents benefits and costs as well as formal balance. The questionnaire will be written by Dr. Downs who has written over 600 questionnaires, published a dozen articles on how to construct questionnaires, :and taught questionnaire construction to over 21,000 college students and executives. Kerr & Downs Research now offers Computer Assisted Telephone Interviewing (CATI) that minimizes data recording errors. Interviewers work at computer stations and directly enter data into computers during the interview process. 8 lb. Prior Work Accomplishments * Worked with '5~amebrand" clients such as Texaco, Publix, BellSouth,; Delta Air' Lines, United Airlines, Prudential and Boeing; * Worked with governments on the local, s~ate and national levels, * Worked with national non-profit organizations such as PubliC' Relations Society of America, Mathematical Association of America. Americai~' Petroleum Institute and the Tobacco Institute. lc. Time Schedule The time schedule will be developed in conjunction with the City ofBoynton Beadh. The foli~w~ng is a pro- posed schedule: December, 2001 December, 2001 December, 2001 December, 2001 December. 2001 January, 2002 January, 2002 January, 2002 Febuaty. 2002 Febuary, 2002 March, 2002 TBA Questionnaire develOpment Focus groups Pretest Train ~terviewers Collect data Validation of interviews Da~ an~ysis pm~ results sent to the Cky Omi repor~ to the City Commission ld. Management Capacity Phillip E. Downs, PND. will be the projec~ director. Downs will oversee each step in the process and will be available to meet with City officials at any point. 9 2. Specific Abilities The project director has a Ph.D. m marketing with specialization in market research. He has been the project director in approximately 600 research studies~ He has won numerous awards from the American Marketing Association, the Southern Marketing Association, the University of Norda Carolina at Chapel Hill, the College of William and Mary and Florida State University for his academic and business applications of market and survey research. He has also won numerous awards for teaching market research. He has been certified as an expert witness in market research and marketing, and delivered more than 800 presentations on market research *o corporate boards and management staff. 3. Form 254 The City of Boynton Beach indicated that Form 254 was not needed. 4. Current Workload Produce Marketing Association Capital City Bank Tallahassee Memorial Regional Medical Center Project Management Institute Associated General Contractors of America World Council of Credit Unions Society of Women Engineers American Society for Industrial Security Packaging Machinepj Manufacturers Institute Tallahassee Area Convention & Visitors Bureau 5. Corporate Charter Registration See attached Consumer Research Center Floral Marketing Association Florida Association of Insurance Agents Capital Health Plan Delta Ah' Lines International Nortel Networks Meridian Users Group Tallahassee Leon County Planning City of Tallahassee Florida Depamnent of Agriculture and Consumer Services 6. City of Boynton Beach Professional Qualifications Supplement See Attachment A 7. References A. Farr Miller City of Tallahassee (850) 891-8153 Conducted over 50 telephone, mail, [ntemet and focus group studies. 10 Brian Watkins, Senior Market Researcher Eastman Kodak (404) 715-8693 Conducted telephone surveys and, focus groups. C. Joanne:McNealy. Bureau Chief Florida, Department of Agriculture and Consumer Services {850) 488-4366 Conducted telephone surveys and focus groups. D. Linda Bauch, Marketing Director American Petroleum Institute (202) 682-8170 Conducted telephone surveys. E. Dan Henderson, Marketing Director Produce Marketing Association (302) 738-7100 Conducted ~, telephone and Intemet surveys and focus groups. 8. Personnel phillip E. Downs. Ph.D. Project Director Resume - see attached Location - 2992 Habersham Dr. Tallahassee, FL 32308 Man Hours - 60 Lori Morgan Research Analyst Resume - see attached Location - 2992 Habersham Dr. Tallahassee, FL 32308 Man Hours - 50 Christina Gallagher Research Analyst Resume - see attached Location - 2992 Habersham Dr. Tallallassee. FL 32308 Man Hours - 25 Denise Narramore Research Analyst Resume - see attached Location - 2992 Habersham Dr. Tallahassee, FL 32308 Man Hours - 25 Barrett Wa drep Field Supermsor Resume - see attached Locations - 2992 Habersham Dr. Tallahassee, FL 32308 Man Hours - 80 9. Equal Opportunity Pledge If selected, Kerr & Downs Research agrees to adhere to the City of Boynton Beach's Equal Opporm- riled Agreement as described on page 4 of the RFP. 10. Minority Businesses/Trainees/Employees Kerr & Downs Research will do the following: * Hire a mmoned trainee - Bianca Tenneyson, an African American female will be h/red to assist with the project. Ms Tenneyson has worked with Kerr & Downs Research on previous projects including the Tallahassee Leon County Tourist Development Council at the City of Tallahassee. * Hire a minority consultant - Debbie Edwards. an African American female will be hired to assist with the project. Ms Edwards worked at Kerr & Downs Research for three years and now provides consulting to our firm on a periodic basis. * LVtflize MBE firms - Kerr & Downs Research will otili7e several MBE firms including DOCS Office Supply, Express 1, Insty Prints of NE Tallahassee and the Print Shop of Tallahassee. * One of three field supervisors (Vera Griffin) is an African American female. One other super- visor is a female. * 25% oftbe interviewers are African American. CITY OF TALLAHASSEE CITY COMMISSION AGENDA ITEM ACTION REQUESTED ON: SUBJECT/TITLE: TARGET ISSUE: December 13.2000 Approval of Contract with Kerr & Downs for the Resident Opinion Survey RFP # 0310-00-KR-CC N/A STATEMENT OF ISSUE Annually, the City of Tallahassee. has solicited opinions &its residents regarding the level of servicer andpm~s provided. A ~onsulting finn has always conducted the sUrVey. A Request for Proposals (RFP) was issued and two firms responded. The proposed agreement with the firm would be for a three-year period. RECOMMENDED ACTION Option #1. Accept the Committee's ranking and award a three-year comract to Kerr & Downs Research. This will allow staffto proceed in concert with the consulting firm and complete the Resident Opinion Survey by March 15, 2001. FISCAL IMPACT The annual cost of the 2001 Resident Opinion Survey is $24,900. General Fund dollars are available in the Office of Budget & Policy approved FY2001 Operating Budget. ~ .a_~-.-~C~ '----'- Beckye S~son, Mana'~r Office ofl~m~get & Policy mta R Favors .~ City Manager For Information, please contact: Walt Kolb, Office of Budget & Policy 891-8048 ITEM ~'ITLE: CONSULTANT SELECTION FOR THE RESIDF~gT OPL¥ION SURVEY City Commission A~enda I~em Page 2 SUPPLEMENTAL MA TERIAL/ISSUE ANAL YSIS HISTORY/FACTS & ISSUES In advance of developing the City's annual budget the Commission has in prior years directed staff to undertake an opinion survey of Tallahassee residenm. This annual survey is designed to ascertain the public's opinion of City se,~ces and pro,rams. The information gathered by the survey is used as a measurement~°f the publia: .~ pem~ption'and level of safisfactiom -This information then becomesa major factor in guiding the development of TallahaSsee's operating and capital budget. To assist Staffin conducting:the, opm!on survey a Request for Proposals (RFP))was issued in October, and two f ~ams~ !~spon~ed. ~ Int~rdcp~ntal,Sel~cti~n ~.t~,ee~:¢yal.ua~te~t~th~¢~res~ponses, after Which theY: W~r~'r~/mke~i ~ :o~der(0f i/~e~e~en~e. The Co~ift~e~hasS~e~ ~ K~e~,~ Dgwas Research fi~ M their: number one geteetion and.r~ecommeiids theg retention. OPTIONS Option #1. Accept the Committee's ranking and award a three-year contract to Kerr & Downs Research. This will allow staff to proceed in concert with the consulting finn and complete the Resident Opinion Survey by March 15, 2001. Option #2. Do not accept the Committees recommendation and direct staffto develop another proposal. ATTACHMENTS/REFERENCES Interdepartmental Selection Committee's ranking and recommendation report. THIS AGREEMENT AGREEMENT No. 01C0091 TALL/ WHEREAS,CITY issued a Req'uest'.fo.r Pr0P0safs for sur~ey ce~nsu~ting services (R~ No. 0310-O0~KR- c.c'.~ hereihaffer. RFP ~ c°py~f wh Ch,. s:attach~ed hereto as' Exhibit A' and w:hidh~,:by reference~ is in-~'rporated heroin; and, .... - · and ( of consul~g of the following mutug~l coYenant~ and,i~p~m~ses and other suffic ency ~f which ar~ hereby acknow!e~d~;J~ CONSULTANT instrument andlcohduct a prete~t of the instrumen~to as appmj~ri~te. i cpllecfi0n and analy~es .will provide ,~r a minimum of 8~0 w~ a 95%~c~3nfidence level and = data. Tot surveys. summary, yaar, Make prese~[afions te ti~ CityCommission and/or Executive and Leadersh p teams as requested. 2. Other SemiCes other related survey services and conduct focus groups, as required by CITY such ClTY and '. herein, CITY signing of the t.~e written report shall be SECTION C. INDEMNIEICATION: CONSULTANT shall indemnify, defend, and hold harmless the CITY, its officers, agems, and employees from and against any judgments, losses damages, injuries. penalties, costs, exPenses, 'and: liabilites which adze from CONSULTAN'Ps negligent performance under this Agreement. SECTION D. ASSIGNMENT, This Agreement.is not: assignab e without prior written consent of C TY Any attempt by CONSULTANT tO assign any o[the rigt~; dutes or oblgatiofls of this Agreement without such consent iS valid. SECTION E. MODIFICATION. i:ThJs AcJmement~ ~cacl,.b,e, modified only by a written document duly signed bY pets°. Ps auth°rized':t°sjgn ,~'g~eemeni~s qr~;b~,,~al~ b~, C!~ and CONSULTANT This requ rement shall include any'agfeer~e~l~t-I~e.ty~,~n the~Pafties J;eating t0 Other Services as~descdbed n Sect on A.2 above. ' " SEC'[[~ON,~ CHOICE OF ~ ,W~S~ ~his ~gr~ment will be governed by~ and. Construed in accordance with, the laWS o~ the stat~,~fiF~dda.~, 37n~C ~i~1 CONSULTANT acknow e~ es ~hat bo~ h v . . ~:,;,.~ :~ , ~ ~ ,,~, . ,. .~ ,~; . - g a eread · ls Agree~t,.p~de~nd ~ a~d agree t0-be~beunB by i~ te~s and ~nd~ons. SEOTIDN G; INSU~C~ ~ce coverage as provided in the RFP. signir thirty Ibe effective upon upon in progress and s satisfactorily performed through the date . on a pro rata basis. thei Agree~ment~o be executed by and year first written abov~ . · Attest: ary .' Inted~ Oi~ T~easurer-Clerk Witness as City Attorney ~ / CITY OF TALLAHASSEE Procurement Services Manager KERR & DOWNS RESEARCH By: ~ P'h'i~lip E. Downs, Partner (Print or type name and title of signatory) J AOvu BT ~ COMMISSION NOV-~3-Z~I 15:58 BLIDGtET & POKiC¥ 85~ 85! 8175 HASSEE : FO/[ PROPOSALS (SURVEY)' SERVICES RFP NO. 0310-00-KR-CC Revised 08/08/00 The City Commission of the City of Tallahessee, Florida requests proposals for continuing consulting survey services'to the Department of Management and Administration. A. GENERAL The programs and services ..... "- - · .. provided by the city government are critical to the health and well-being of our 'citizens. It is important that we not only perform the services which citizens expect of government, but that we provide qu~ty se~ces at competitive prices. ~ ultimate performance measure is the rating of those services by our citizens. For over 20 years, the Cily ha~ conducted an annual citizen survey to obtain resident and customer oomments and opilliOl~ regarding city services, progian~s, and policies; B. PROJECT OBJECTIVE To pro.de professional consulting sc~ices for conducting citizen and customer surveys and foCUS groups (I) to ascertain community perceptions of the ovcwall quality of existing city services including method of delivery, responsiveness to customers, and values of s~wices, C2) to determine satisfaction with the quality of specific services. (3) to establish standards to compare evaluative results .of,the FY2001 survey, surveys previously conducted by the City, and future surveys; and (4) to solicit input regarding program and C. PROFESSIONAL SERVICES REQUIRED It is anticipated that three year contract will be awarded. Proposals and costs estimate should be in response to Task 1, a telephone survey of citizens living within the corporate City limitS. Under Task 2, proposers should (1) indicate a willingness to provide other survey services and to conduct focus ~roups and (2) provide examples demonstrating experience in these areas. Costs for services under Task 2 will be negotiated at the time such services are required. RFP No. 0310-00-KR-CC EXHIiBIT ~A' Based ~pon proposers Selected ranking of proposals by the' RFP evaluafi, on committee, make ~o the RFP evaluation committee. 2~0 'wi~' ~¢sentafions scheduled TASK 1 - RESIDBNT OPINION Work wit~ departments dc Develop a Conduct a~ pretest as appropriate. non-bias standards, and Revise wording of process which permits data ,: geegrapbic areas, income, etc.) The process should Prepare a written analysis of the survey results, a separat= executive s~, and an of cross tabulations by d~no~l'aphic characteristics. The proposer will ~ bound copies of the anstysis and cross tabulauon reports and,2Oound copses make .oral presentations to the City Commission and/or LeadershipiTeams. The cost proposal in response to Task 1 should include a fix price for the resident opinion surveys in FY2001, FY2002 and FY2003. TASK 2 - OTHER SERVICES Provide other survey scrv/ces and conduct focus groups, as,required. Proposers should provide examples demon~u~ting experience with other typcs'.of surveys (mail and on-site inten, iews) and conducting focus groups. ' ' RFP No. 03 IO-O0-KR-CC 2 D. SC~D~E Release Request for Proposal Proposals Due .An~patcd PrcBm ~" aE~ xanking of proposals Amicipated PresentationsJfin~l nmld,gs Anticipated Contract Award Conduct Survey ~. Submit Report E.. PROPOSAL REQUIREMENT: O~:tober 6, 2000 November 2, 2000 '~qo'~anber 9, 2000 November ~, 2000 Nov~ber, 2000 J~, 2001 F~b~ 15~ 2001 f projects, as defined hereto. (In addition, M~n~gement and Adm~n;stration may need additional consulting s needed basis.) All lxOposals shall include: 1. The Consultants: In.~orma~o , ~ b. ; ' a ,?..::: , . c. Tune schedule indicating major work tssks for the project (Task 1 ); M~aEcnle. nt capacity and system for coordinating the project. 2. Specific abilities relative to performing the above described project. 3. Current 254 form listing only projects which had significant in_put from individuals who will be directly involved in this project. ('Form 254 available from the U. S. Superintendent of Documents, Public Documems Department, W~hlngton, D. C., 20402 or from Federal Re~ienal Offices.) 5. 6. 7. Provide information which describes the rum's current workload. Reproduction of CorPorate Charter Rel~ration, if applicable. Curr~ City of Tallahassee Professional Qualifications Supplement Attachment A. List of five (5)i:mfer~ces representative of related past experience to include, as a minim.' urn,, a coi~tact Person, company name, phone number, and brief description of pro3~c~ RFP No. 0310-00-KR-CC 3 Under separate cover, provide a detailed and set fee statement (Task 1), an original and seven (7) complete copies, for the provision of services required as identified in tMs ~his cost hour: As a part of~ proposers may be ~ed to suPply~past studies F. EQUAL' (a) In connection with work performed under a City of Tallahn~nee conUact, the bidder ' ~ or acceptance of a bid, to support and abide by the Co) B~ place;' available~,to :all employees and job appl/cants. (3) Place or cause m be Placed a statement in all solicitations or advertisement for job apphcan~s; mci ding bcontract~, that the bidder is an "Equal Opportunity Einployer. ' ' .... ' ' "~ ~' · ~ ' '~ in~°l~ement in ~rofessional should be aware of. the ¢~ty s policy relating '~o' minority contracts. As a p~rt of' the ranldng procedure will provide fora bonus [nterested (850) 891-$184 tiaa percent~¢ of minority Professional-Qualifications The City has a goal of twelve point five percent (12.5%) Minority Business Enterprise "' " in paruc~panon all consultant services contracts. RFP No. 0310-00~KR-CC 4 Proposal Submittals: : When submitting a proposal which includes iv[BE Vendors, ensure that all selected MBE vendors are certified through the City of Talla~ee and/or State of Florida IV[BE programs; Note: Ar MBE vendor who is not currently -certified does not quail .fy. ~ Contractor Responsibilities vlBE vendor without receiving written approval from Iv[BE Office. Remember, thersubstituted MBE vendor 'must alsobe City of-Tallabassee certified. r of a ~entraet breach, Additionally, MBE will not Count toward satisfaction is acutely aware that problems with subcontractors may occasionally , ~ and sub-contractor, with assistance ~om the are not able resolve the issue(s), th~n, the:aPPropriate communicate with the City~sMBE Office (George Suhr or ~ 891-8~184). not make r of Tallahassee's MBE GRIEVANCI~ PROCEDURE: Right to Protest. Any actual or prospective bidder, or contractor, who is aggrieved in connection With the solicitation or award of a contract may protest any bid or award recomm~tion on the grounds of irregularities in specifications, bid procedure, or the evaluation of the bid. Filing a Protest. Actual bidders who are affected adversely by the decision or intended decision ora bid/contract award shall file a wrkten notice of intent to protest with thePumhasing Office witMn 72 hours (excludes weekends and holidays) after posting of the intended recommendation .of award. A forma! written bid protest, stating with particularity of facts and grounds (should refer to the~statutes, laws, or ordln~uce~s which the Protestant deems applicable) upon which the protest isbased, shall be flied with the Purchasing Office within seven (7) calendar days after the date of filing the notice of intent of bid protest. Failure to timeIy file either the notice of intent or the formal written protest shall constitute a waiver Of proceedings under this section. A written protest is officially filed with the City when it is delivered to and received by the Procurement Services Division. RFP No. 0310-00-KR-CC $ Any person who files a formal written protest, protesting a decision or intended decision for the award of a bid, shall post with the Procurement Services Division, at the time of filing the formal written protest, a bond payable to the City of Tsilahassee in of the it shall recover all cost excluding All tO the Cit) rejection Please mark eight (8)~ qopies of the written proposal envelope(s) as follows: (N .a~..e of Project) Writteii PropOSal Do Not ope~ Until 4:30 P~L ET, November 2, 2000 Request for,Proposal No. 0310-00-KR-CC ~:~, .~ :copies of the cost proposal envelope(s) as follows: (Name of Project) Cost Proposal k310-00-KR-CC Pleas~ ad&~, ~ ~t~ ~mailing envelope(s) as follows: City of Tallahassee P,.urch. asing'Administrator City HalI~ 300 South Adams Street Tallahassee, FL 32301 Request for Proposal No. 0310-00-KR-CC RFP No. 0310-00-1CR-CC 6 ALL PROPOSALS.MUST BE RECORDED [CLOCKED-IN) IN THIn. PURCHASING DIVISION ON OR BEFORE ~ ~ AIVD DATE INDICATED;ON ~ RFP the Procurement Services Division The City · ~ mail delivery or delays caused by any other OccUrrence. The has the auihority to bind the Thc City.shall not be liable for any costs incurred byj a . .vroooser:__vrior to. enlerin~' ~ into~ con Th?fore, all p.ropnsers are encouraged to provide a simple- straightforward, and concise deseriPti0n of their ability to meet these specifications. EVALUATION: with Section 16.6 of the City's CONTRACT AWARD: to incorporate the successful proposers proposal into a Contract. , result in the cancellation of any award. The., ' ' r will be required to assume responsibility fort~ll sex~ces offered in the proposal. , will consider the selected proposer to be the sole point of contact with regard to contractual matters, including payment of any or alt charges. A and award will be avaihble for review in the by the committee. Vendors may I by submitting a self-addressed ~amped anvelope and ~FP, Vendors may also obtain information on RFP results by www.demandstar.com. Contract Term: The performance per/od ("term") of the resultant conWact will be as follows: (a) Basic Term: January l, 2001 to December 31, 2003 {b) Extension Period(s): None RFP No. 03104)0-KR-CC 7 QUESTIONS: All the technical For been ' not. public or Prior to 1. proposal. ov~a insurance against clalm~ arise from or in~c°nnection with hereunder by .the Consultant, his agents, The Cost of SUch~Cc shall be included Consuliant sti~ll maintain limits no less than: Commercial General/Umbrella liability Insurance $100,000 limit per occurrence for property damage and b6dily injury. The sea, ice provider should indicate in its proposal whether the coverage is provided on a claims-made or preferably on. an occurrence basis. The insurance shall include coverage for the following: RFP No. 931 8 Premise/Operations ': ~_A'plos~°n, Collapse and Underground _Property applicable to the project) Preducts/CompleXed Operations Contractual IndependentContractors Broad Fg~ Pr0perty Damage personal Injury Damage HaT. rd (only ~oUS~ne~s .~utomob]le/UmbrellaL(ab. ility Insurance - $100,000 limit per accident r Property damage and personal injury. c) c) Hired Autos Workers' Compensation and Employers'/Umbrella Liability Insurance Workers' Compensation statutory limits aa required by Chapter 440, Florida Statutes. This policy should also include' Employers'/Umbrella Liability Coverage for $100,000. Other Insurance Provisions Commercial General Liability and Automobile Liability Coverage's The City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor;, products and completed operations of the Contractor; premises owned, leased or used by the Contractor or premises on which Contractor is performing services on behalf oftheCity. The coverage shall contain ao special limitations on the scope of protection afforded to the City of Tallahassee, members of the City Commission, boards, commissions and committees, officers, agents, employees and volunteers. The Contractor's insurance coverage shall be primary insurance as respects the City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers. Any insurance or self- insurance maintained by the City of Tallahassee, members of its City Commission,~boards, eommissinns and committees, officers, agents, employees and volunteers shall be 'excess of Contractor's insurance and shall not contribute with it. RFP No. 0310-00-KR-CC 9 Any failure to comply with mport/ng provisions of the pOlicies shall not affect coverage provided to the City of Tallahu~see, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers. Coverage shall state that Contractor's:' insured against whom a claim the limits of the insurer's Hability. r to each c) The insurer shall l Tallahessee, member of activities and operations of Agreement. .ill Coverztge ~$ and Each: insurance policy requ/red b~'this 'clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or'in,limits except after thirty (30) days prior written n°fic~ has been given to the City. If C.ontractor, for an?. reason, falls to maintsii~ insurance coverage which is required pursuant to this Agreement, the same shall~be deemed ~ material breach of contract._. City, at its sole opt/on,:.maY terminate th/s ~greement and obtain damages from the Contractor resulting!from said breach. Al~.ra.a. tively, .City may purchase. Sueh:required ~ce coverage (b~. has no specml obligation to do so), and without further notice to: Cohtractor, C~ty may deduct ~om sums due to Contractor any prenn~um costs advanced by City for such insurance. City named as "additional insured" as its interest may appear. 3. Deductibles and Self-Insured Retention's Any deductibles or self-insured retention's must be declared to and approved by the City. At the option .of t sha~l r~duce or eliminate such deductibles or self-insured City .of Tallahassee, members of its City Commission, boards, commissions,, and committees, officers, agents, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses, related investigation, claim administration and defense expenses. RFP No. 0310-00-KR-CC 10 Acceptability of Insurers Insurance is to be placed with Florida admitted insurers rated B+X or better by :d.M.,Best's rating servia. Verification of Coverage s affectlng coverage re. qua-ed by this:clause. The certificates and by that Subcontractors O. PAYMENT: 1. Prompt Pay Policy include its subcontractors as insureds under the It is the policy of the City of Tallahassee to fully implement the provisions of the State of Florida'Prompt Payment Act. For more information, please refer to Florida State · Statute 218.7. 2. Withholding Payment In the event a contract is canceled under any provision herein, the City of Tallahassee may witkhold ~om th~ Contractor an~ monies owed on that or anv contract_ ~n ~,,,t su c~.ent.: ~o compensate for damages suffered becau.~ of the violation resulfino in cancellatiom ~ P. RIGHT OF REJECTION: The City of Tal!ahassee reserves the right to waive any informal;tv in a~v .m.~.! ,~ reject any or all ~ro.l~,,salg m whole or lll, pal-t~ with or vathout _ca. use, and/or to accept proposal that in lis judgment will be in the best interest of the Cxty of Tallahassee and its citizens. RFP No. 0310-O0-KR-CC 11 Q. INDEMNIFICATION and ail of defending the same o~cerS, resulting from the goods, or , goods, or O~ (2) any ~raployed , or TERMINATION (a) !fth~ contractor fails to f~l~..fill any of ~ofigh"fio fsult 'of ~e'Ci~, tach f~e ~: be~:~mid~ a de~t ~d s~l ~nfi~, bu~ not obligate, ~ Ci~ to ~nd ~o~ce ~d~ or to Cobh ~ ~o18 or ~ ~ at ~e Ci~s ~sc~o~ ~ def~t ~thln thi~ (30) ~ys ~er ~ei~ of a Ci~ sh~l ~ve ~e fi~t to t~ ~s Con~ ~ whole ~g · e Con--or or for to ~ ~d~ th!~ Cun~ wM~ ~d ~ ~op work nofi~, (b) In the event of termination for convenience, the City shall pay the Contractor (i) the full amount due for goocla satisfactorily delivered and/or services satisfactorily rendered.:(ii) approved ~osts and expenses incurred which remain unpaid at the time of such termination, and (iii) such other costs of termination, if any, as may be mutually agreed bY thc~ parties. The City shail .have the right to set off against amounts oflaerwisa owed the Con.tractor all amounts owed by the Contractor to the City under this COntract or otherwi~. RFP No. 0310-00-KR-CC 12 nSC.AL F~ may not ~ arable for p~0~ ~d~ ~ Co~ ~ond Sept~ 30 of ~ch yc~ ~clud~ ~ ~s con~ ~e Ci~'~bHgafion for ~o~a~ce of ~s ~n~ ~yond ~t ~tc h ~n~e~ ~ ~e ~bili~ of a~ropdat~ ~ ~om'~ch pa~ent for con. ct p~ses c~ be made. No leg~ HabiHw on ~e p~ of ~e CiW for ~y ~ent my .~ for ~o~ ~d~ ~s con~ ~nd ~e :a~ve~refer~c~ ~, ~ ~ ~e rode av~le before ~mm~c~g work or m~g deHv~es w e~ ~ ~ ~pwpdat~ for ~s con~ RFP ]qo. 0310-00-KR-CC 13 III. Project Ohjecdve Research Design Intcmet Surveys Survey Content Interviewing Personnel ~tetw~ewet 7training Pretest Analysis Final R~n I 2 2 2 3 3 3 3 4 4 4 Task 2 - Other Services Kerr & Downs Research 5 Capabilities & Background Information Prior Work Accomplishments Time Schedule Manugement Capacity Specific Abilities Form 254 Current Workload Corporate Charter Re~ion 6 6 9 9 9 10 10 10 10 City ofTallahassee Profess/onal Qualifications Supplement 10 References 10 Personnel 11 Equal Opporm-~ty Pledge 12 Minodty Business~rainees/Employees 12 V. Attachments EXHIBIT This proposal is in response to the City of Tallahassee Request For Proposals 031 (h00-KR-CC The objectives of the reSearch are to: 1. Assess community perceptions of the ovecalI quality of City services including delivery method, responsiveness to customers and value of services, 2. Determine customer satisfaction for specific services, 3. Establish standards for comparing current results with results fi-om previous and future surveys~ and 4. Sol/cit input on strategic ptanning and policy issues. Kerr & Downs Research will develop and operationalize a random digit telephone survey of 800 City°fTallahasseeresidents-~ l~he sampling error will be ± 3.5%. The questio~nalre will be developed in concert with City personnel, and it will be pretested. A proportionate, stratified random samplin§ process ~ be used. Experienced, tm/ned interviewers will conduct the interviews. The f~ol~owing~i0ns ~detall the research methodology and research process. Research Design The population for the study will be defined es adults, eighteen or older, who Live in the City in households with telephones.2 The sampling frame will be all worldng residential telephone n~mbers in the City. Interviews will be conducted using the "plus-one" version of random digit dialing (RDD). This process enables all households with telephones within the City to lm eligible for inclusion in the study. It is estimated that twenty to twenty-five percent of the households in the City have unlisted numbers. RDD telephone interviewing ensures that households with listed and unlisted numbers are included inthe survey, thus making the sample more representative than if the telephone book were used as the s~mpling flame. The sampling process will be a proportionate, stratified random process. It will be stratified in that each prefix area (574, 942, etc.) will represent a sampling area. It will be proportionate in that the number of residential listings in each prefix area will be proportionate to the total number of interviews to be conducted in each prefix. The sampling process will be random in that the last four d/gits will be randomly selected using the "plus-one" version of RDD. ~ A *rn-ller sample size will be provided it de~ired. z Tbe population definition can and shouM be modifies if the CitT's research needs warran~ Respondents wittfin selected households will be chosen using the Hagen-Collier;technique, in wh/ch successive interviews are systematically rotated across four designations: 1) oldest man, 2) oldest woman, 3) youngest man over 18, 4) youngest Woman over 18. This technique prevents the sample from 800. The sampling confidence level wilt be Internet Surveys oroffices. Based on!the level with City personnel to deVelo ~ a m~n~erial si~fieaut questiOn- naire with ~ka~egic implications. Interviewing Personnel Kerr & DoWns Research mainmln~ a portfolio of experien_ee? interviewers. The following individuals have been identffied for the' City of Tallahassee Resident Opinion Survey: Nmaey Champion - 5 years with KDR' Vera C~ ..fire. 8 years .w~ KDR Ivan Marik- 2 years with KDR Paul Wothampoon- 2 years with KDR ~ Hamer; 4 years with KDR Laui Rogers. 4 years with KDR Yvonne S~m~ - 2 years with KDR Jessica Ch~Mn - years KDR Shah PiLUuan- 2 years with KDR ~ KDR = Kerr & Downs Research 2 Interviewing Procedure To to three telephone 4:00 p.m. - 9:00 p.m. Weekdays 10:00 a.m. - 9:00 p.m. Saturdays A mini.mum of 10% of ~e ~C~ m.p ..l~ed telephone interviews, will be validated by the field supervisor Validation will be compie~ed Vi~ the telephone. Positive identification Of the ~-p0nd~ ~ be made. Ifa positive identification cannot bemade, the questionna/re will be discarded. Interviewer Training The project director and the research director will be respons~le for interviewer training. Topics to be covered in the training sessions will include: Purpose of the survey How the information will be used Sampling procedure Selection of appropriate household member Detailed review of the questionnaire Methods for handling objections Coding procedures Maintaining a telephone log Roleplaying and practiee interviews Standardized Survey Interviewing by Floyd J. Fowler, Jr. and Thomas W. Mangione will be the reference guide for the trair~,g sessien. Pretest The questionnaire will be pretested on ten individuals from different locations throughout the City. Modifications to the questionnaire will be made based on the pretest analysis. Interview Facility Kerr & Downs Research's office at 2992 Habersham Drive, Tallahassee, Florida will be used as the interviewing facility. The facility is equipped with twenty interviewing stations. Computer Assisted Interviewing interviewers will record answers directly into computers. The soft- ware ¢]iminates Analysis Data will the survey. Final Report The final report will be produced ia PageMaker. The final report will include: Introduction - a description of the scope and objectives of the survey. Executive snmmary - a capsule summary of the major findings. A .separate color Executive Summary will be prov/ded for City Commissioners, the media and other special Survey procedures - a detailed description of all survey methods. Major fi~alngs - frequency ~tables and written explanations of the results for each question. Comparisons ofthe FY2001 findiags to findings from previous surveys will be made where appropriate. Graphics - color graphic presentation of major findings. Crosstabulations - results for relevant questions broken down by age, length of residence, home ownership, sex, income, race and geographic location within the City tO be bound under separate cover. Data and computer ~es - a computer diskette with the SPSS system files will be provided. The file will iaeludo variable names, value labels and answers by all respondents to all ques- tions. Fifty bound copies on recycled paper of the final report will be presented as Well as the "origiaal" word · processed version. Crosstabulation reports and twenty executive summari~ will also be provided. Dr. Downs will be available on an "as needed" basis to make presentations or to discuss the results with interested parties. In addition, oral and written reports will be made available to the City Commission. 4 Kerr & Downs Research is prepared to provide additional research services including: Data collection Mail surveys Fax surveys Intemet surveys Personal surveys Intercept surveys Case studies Focus groups In. depth surveys Analysis Crosstabulations CHAID analysis Multi-dimensional scaling Conjoint analysis Kegression analysis Factor analysis Disc~iminant analysis Clustez analysis LISP. EL analysis Methodologies Slrategic recommendations Re~reh trslning and seminars Expert testimony Demand analysis Kerr & Downs Research has its own focus group facility in which City personnel can sit "behind the mirror" to watch ongoing discussions. la. Capabilities & Background Information* The City of Tallahassee needs: * Confidence that research results from the Resident Opinion Survey are valid, * Research that is believed by the public and the media, * Research that furthers the City's strategic planning process, and * A research partner who will be there to offer advice and make recommendations oi1 a range of issues. Kerr & Downs Research provides: * More market research tra~nlng and expertise than any other region/d market research ~m and most market research fa-ms in the nation~ * More experience with the City of Tallahassee end other Tallahassee businesses and non profit orga~i=ifions than any other firm. * More ~t~ategic planning and marketing capability and experience than any other regional market research firm and most market research rums in the nation. * I'he numbering (e.g., "la") use, d in this sec~:m corresponds W the number on fl~ City's RFP, ~g~ 3 & 4. 6 * 2 Ph.D.'s on staffwho specialized in marke~ research and marketing in their doctoral studies and have 60+ years of~rket research experience, * Two parmers who have won market researeh awards from the Amerlcau Marketing Associatio~ the Southern Marketing Association, the College of William and Mary, University of ~o~ Camli~s ~ chapel Hill, Florida State University and tim American Society of Associa- tion Executives. * $0+ academic publications on market research, * 30+ trade journal publ/cat/ons on market research. * Senior Field Supervisor wh° has 10 years of tr~;~i~s and supe~ising interviewcn. * Core of experienced telephone interviewers who have completed over 120.000 interviews around the world (not to mention over 50.000 in the Tall,h2~see area). * Ability to conduct soph/sfica~ed-~alysis. * Abil/ty to packaEe research results so anyone cau understand, * parmers) who have ~'s and bachelors * Track the City of Tatl,h,~see over the past 10 * Two' · 100 not-for-profit and profit org~izations in strategic * Experience and ~e/n qualitative research methods such as focus groups, * Successfifl c0mpl~tion bf over 600 research projects, "on market resem-ch in legal proceedings and court cases, * govel"llllleallaJ. ¢omm'i$giOla.~ *' 21,000 college students ~nd over 2,500 corporate and non The POINT Tallahassee method was wrote the book on doing Resident Opinion Surveys. Several : design their RFPs based on pioneering work Kerr the mid 1980s. Priorto that time, the City of survey. At Kerr 8; Downs Research's urging, the - 7 Tkis year's RFP makes reference to several methods and techniques introduced by Ken' & Downs Research originally: "a telephone survey" "95% Other What-are:now S~dard~r~eh techniquesand ~i.ology intrbdu~ bY~ Kerr~ & Downs search to the CitY Resident Opinion Survey include: Population de, hi,ion .... _ Random digit dialing Hagen-Collier teclmique for selecting respo!idents.vothm Sca~miug questions "?' :':"" : constt~ction: ~ Kerr 1. Do you favor extending the extra- 2. Do you favor or 3. Do' , sales tax which will cost a typical house- hold of 4. Extending the ~ penny sales tax l}om the year 2004 to 20i9 will cost the typical household 0f three,: $250 per year. ~The money will be used to~dand ~d~ loads and to save and improve lakes. Do you favor or oppose extending/he ~'penny sales tax? The first question pose." The third ( benefits and costs it mentions "favor" but not "oppose." Answers to the second formal balance aehieved by adding "op- The questionnaire will be written by Dr. Downs who has written over 600 questionnaires, published a dozen articles on how to conslamct questionnaires, and taught questionnaire construction to over 21,000 college students and executives. Kerr & Downs Research now offers Computer Assisted Telephone Intecv/ewing (CATO that minimizes data recording errors. Interviewers work at computer stations and directly enter data into computers during the interview process. 8 lb. Prior Work Accomplishments * Every City of Tallahassee Resident Opinion Surveyexc~t one, institutions 4n Tall~h~se~ such as Capital City B~nk Group, Tatlahassee Democrat, ~tc., * Worked ~with "namebrand" clients: such as Texaco, Publtx,~ BellSouth, Delta Air Lines, United ~Airlines, pmdentiai and Boeing, * Worked with governments on the local, state and nafionsl levels, * Worked with national non-profit organi?ations such as Public Relations Society of America, Mi~.hematical Association of America, American Petroleum Institute and the Tobacco Institute. lc. Time Schedule The time schedule will be developed in conjunction with the City of Tallabassee. The following is a proposed schedule:. November, 2000 November, 2000 December, 2000 December, 2000 January, 2001 lanua~, 2001 lanuary, 2001 Febaary, 2001 Febuary, 2001 Febnary, 2001 TBA Questionnaire development Sampling design Pretest Train interviewers Ccilect data Validation of interviews Data analysis Preliminary results sent to the City prepare report Deliver final report Oral report to the City Commission Id. Management Capacity Phillip E. Downs, Ph.D. will be the project director. Downs will oversee each step in the process and will be available to meet with City officials at any point 2. Specific Abilities The project director has a Ph.D. in marketing with spec~ali?ation in market research. He has been the project d/rector in approximately 600 research studies. He has won numerous awards from the Ameri- can Carolina at and busi- market morethanSO0 ~t 3. Form 254 Fart Miller of the City Of Tallahasseo indicated that Form 254 was not needed. 4. Current Workload Produce Marketing Assodation Capital City Bank Tallahassee Memodal Regional Medical Center Project Management Institute Associated General Contractors of America World Council of Credit Unions Society of Women Engineers Amen/can Sodety for Industrial Security Packaging Machinery Manufacturers Institute Tallahassee Area Convention & Visitors Bureau Consumer Research Center Floral Marketing Association Florida Assodation of Insurance Agents Capital Health Plan Delta Air Lines International Nortel Networks Meridian Users Croup Tallahassee Leon County planning Depm Lent 5. Corporate Charter Registration See attached 6. City of Tallahassee Professional Qualifications Supplement See Attachment A 7. References A. Don Ruggiero, Marketing Vice President Capital City Bank (SSO) 67~-~000 Conducted mail and telephone surveys and focus groups. 10 B. Brian Watldn% Senior Market Researcher D~lta Air Lines (404) 71.5-8693 Conducted telephone surveys and focus groups. C. Duncan Moore, President and CEO Tallahassee Memorial Regional Medical Center (850) 681-5881 Conducted telephone sUrVey and focus groups. D. Lin& Bauch, Marketing Director American Pctrole~m~ Institute (202) 682-8170 Conducted telephone surveys. E. DanHenderson, Marketing Director Produce Marketing Assodafion (302) 738-71 O0 CondUcfedmail, telephone and Intemet surveys and focus groups. 8. Personnel Philip E. Downs, Ph.Do Project Director Resume - see attached Location- 2992 Habersham Dr. Tallahessee, FL 32308 Man Hours - 40 Loft Morgan Research Analyst Resume - see attached -LOcation- 2992 Habersham Dr. Tallahassee, FL 32308 Man Hours - 50 Christina' C-allaghex Research Analyst Resume - see attached Location - 2992 Habemham Dr. Tallahassee, FL 32308 Man Hours - 25 11 Allison Amorginos Research Analyst Resume - see a~tached Location- 2992 Habersham Dr. Tallahassee, FL 32308 Man Hours - 25 Nancy Champion Field Supervisor . Resume - see attached Locations-2992 Habersham Dr. Tallahassee, FL 32308 Man Hours - 80 9. Equal Opportunity Pledge If selected, Kerr & Downs Research agrees to adhere tothe City of Tallaha~seo~s Equal Opportu- nity Agreement as described on page 4 of the RFP. 10. Minority BusinessesFrralnees/Employees Kerr & Downs Research will do the following: * Hire a minority trainee - Bianca Tenneyson, an African American female will be hired to assist with the project. Ms Tenneyson has worked with Kerr & Downs Research on previous projects including the Tallabassee Leon County Tourist Development Council. * Hire a minority consultant - Debbie Edwards, an Afi'ican American female will be hired to assist with the project. Ms Edwards worked at Kerr & Downs Research for three years and now provides consulting to our firm on a periodio basis. * Utilize MBE ~ - Kerr & Downs Research will utilize several MBE firms including DOCS Office Supply, Express I, ~ Prints of NE Tallsh~esee and the Print.Shop of Tallabassee. * One of three field supereisors (Vera Oriffm) is aa African American female. One other super- visor is a female. * 35% of the interviewers are African Americam eparlmen! of I certify the attached s a true and core,ct copy ~ft~e Articles of Incorporation of KERR & DOWNS RESEARCH, INCORPORATED, a corporation organized under the laws of the State of Florida, filed on Apri 3, 1990, as shown by the records of this office. The document number of this corporation is L61857. CR2EO22 [1-99) G Given under my hand and the reat Seat of the State of Florida at Tallahassee, the Capitol, this the Twelfth day of October, 1999 ~%' erret~rv~ of~tat~ TneL Tr, lL~sn, e ,~c.. ...3~3Ol ARTICLE II NATURE'OF BUSINE~ · ARTICLE U! CAPITAL STOCK ARTICLE IV TERM OF EXISTENg[= Th~s ~ ~s to exist pemetua~. ARTICLE V OFFICERS DIRECTOR~ The name(s) and street address(es) of the in,al officer(s) and director(s). Ear~' w~O sh~ ho~d (3~ce the first year of the coq~rntion's existence or undl ~eir Succe~ ar(s) is(me) elected, is(are): ARTICLE VI INCORPORATOR(~I The.name(s) a~d s~eet acldre~s(es) of the Ir~orporato~(s) to ~ arl~Jes of incoq3oi~. tlon is(are): , ~gZ.o S~(s) of InCOfl:~.~(s) COUNTY OF ( / ~ ,.'~ Not~/~ ARTICLES OF INCORPORATION RUNG FEE: S20 lo.:~Jf~e~ p~ovisions of Section 607 325;. Florlda~-~u~es' . · -;.~:~ organized under ~ laws ,~! ",-, e ...... ~:~-.-_ , -' me; undersig~e<~ ..... ~m ~ rw~a. submits: [he. in de$ignaUng I~e. registered office/registered agenL I~ We Slate of Florida. . The name and addresa~ I~e registered agent and olfice is: ~ II;'., E I:~c~,~_~ . (CITY/STATE/ZIP) S' NATURE {Cc,.....rate Office. r) TITLE DATE., _H~_VING ,BEEN NAM~ED TO ACCEPT SERVICE OF PROCESS FOR THE A OVE STATED CORPORATION. AT THE PLACE DESIGNAT B AGREE TO ACT IN THIS CAPACITY ANn' =;EmD'rul=Na T,H,~IS~_CERTIFICATE, I HEREBY ........ .~n ~,,=REE TO COMPLY WITH THE PROVISIONS OF ALL STATUTES RELATIVE TO THE PROPER AND COMPLETE PERFORMANCE OF MY DUTIES. AND I ACCEPT THE DUTIES AND OBLIGATIONS OF SECTION ~07.325 FLORIDA STATUTES. SIGNATURE ~?~ ~ (Registered Agenl) DATE ~/'-~ ,/~ o REGISTERED AGENT FLUNG FEE: ~.00 2. 3. 4. VOLUME OF CITY OF TALLAHASSEE WORK A'i-FACHbl ENT A CITY OF TA LLAHASSEE QUALIFICATIONS SUPPLEMENT - . / RF'p No. PROJECT TITLE (As Advertised) o.~1 o. ~,-~.~<~c FIRM NAME K,~r"r e bot~)}'-tS J~.6Li-~ FLA. CORP· REGISTRATIONNO. ADDRESS fAssigned Prt~i~mt OffiCe) Current and Last Year (Oct I - Sept 30) Second Year Past Third Year Past $; MBE PARTICIPATION TOTAL FEE s ~.%-, e~-/~' x .6 = S~ x .4-~ TOTAL PORTION OF FEE CONSIDERED $ 121 ~ s 8, MBE firms and sub-contractors must be certified with the City's MBE Office to qualit~t tbr MBE participation credit. (1) IstheprincipalfirmacertifiedMBEfinn? Yes V~ No (5 points) (Please attach a copy or'your certified letter or certificate) (2) PerCent off, es to be subcontracted to a certified MBE firm: -- % (4 points) please attach a copy of'their certification letter or certificate) a. Name of the MBE Firm: b. Scope ot'worlc ro be performed by the MBE firm: (3) PerCent of' 17ecs to be used for goods and services supplied by an MBE firm: ~.~__"/o (3 points) b. List orgoods or ser,'ices to be provided: O,C-G,-c~_..qu?qh:e% ~(4) Percent ol'ptofi2ssional work i'brce to be utilized on the project which are m~norities or minority graduate students working in a protbssi0nal discipline: '~_%-'~ % (2 points) ~7~~( ) The finn has_.o. Lwill h,~ one or more minori ry tm nees in a prolbssional discipl ne to work on Signature Date *N;Imes and cfllnic .';tatus or'the person:, utilized under numbers 4 and $ .',h;fil be submi.¢d to thc I~,l BE Off]cc prior to thc cxceulion of/he contract. Non-minorkv 'e, onleri ;Ir~ nol considered "alinorily r~2t.,,om,;- t;.~r ptlrpo.~.~ oi"MBE participation. (See Appendix A of Section 167. oI'ih~MBE Policv. I RFP No. (lo I{ - aI-KR.¢ (' 14 ATTACthXl ENT B RI~'- PR ES EN'EATI ONS/CE RTl FI C :,,TONS CERTIFICATION OF INDEPENDENT PRIC~E DETERNIIN.:~.TtON The blddereerlifiesthat~.. · - ~ . .? . · I 'lhe rcessct bn~it~e He;k<~d~eh~.'(b~¢(~rrved;u nde endent svt~ ' , P · . , P , p y. out. lot the purposu oF restricting competition, any :consultatiop. commun~ttiOn, or a~q~e.mcnt '~vith any other bidder or competitor. . 12) Thc prices set tbrth n th,: ,p.r,:~ ~e;~,;~tiie ~¥i! not ~ ~.o.w.~ y dsc osed b>' ~e b dder. direct y or .indircctl¥.~o any o bcr bi~!d,:r or ~:~ _,L3,)~;~a,;fl:t~pt ~Sa~'~,~¢-n-m~d¢ ~ tEe-halter.to mdu~ any ot~er ~oncem to submit or not to submit a bzd tbr thc pa~ d~strictin~ c6mpetitio~. · A~P.~Y E R I DENTI HCAT I ON : ~nsoli~ted ~sis. {s a co~om~c e u y. a' so C p~pfic~o~h p u p flnCr~ ~ p or a corotar on pmv[din~ medics and ~s amd hi tbls sollc[tatio0, provision, me,ms the numbu~ (b) in ~grap~ {c)-through (el of this , ti~mcnts of 26 U.S~C. 6041. fi~lA.:and the Intumal Revenue Se~iee {IRS}. (c) n~r (TIN). (e) (t~ fi.~al p~'ing ~en in the U.S.: 1or have in¢onle an and he:tltlt care services, or engaged in tile billing and collectin,~ CFR 5 lI(c}{3}.that is exempt from ta~ation [] Partnership l)lllnl~.)ll parent us defined in paragraph (u) of this ~a parent company, complete the tbllowing: TIN $ ~u~incss As [d.b.u.}]. Rf:PNo. IJ31 -I(-KR.(C COMPANY NAME: MAIL ADDRESS: REPRESENTATIONS/CERTIFICATiONS LEGAL NAME AND ADDRESS OF COMPANY (BIDDER) (Type/Print) (City) ~ (State) (Zil: Code+41 TELEPHONE NO: VOICE: I~o'"~ q O~-~ltl . EXTENSION: {Toll-Fmc P~ fermd) OTHEr: (gO0) ~q-~t~: FAX: ~ EMAIL ADDRESS: ~d ~ ~_r(--~, C~ CONTA~ FOR CONTRA~ MANAGEMENT (Tvpe/Prin0 COMPANY NAME: K~ + ~& (City) (State) (Zip C~e+4) TELEPHONE NO: VOICE: (~ ~, E~ENSION: {Toll-Free OTHEr: ~l ~: FAX: (g~) EMAILADDRESS: Od ~ ~ff --d~n&. CO~CV rOU ~volce COMPANY NAME: ~rr + ~nS '~~ MAIL ADDRESS: Dqq~ ~ ~t~ (City) (State) (Zip Code+4 TeLe..O~e NO:' voice: ~ q0~-K/k/ . eXTeNSiON: Crolt-F~e OTS~: (~~; FAX: (~ EMAILADDRESS: ~ ~ ~r~--d~. PAYMENT REMI~ANCE ADDRESS {il'di~nt t~om Company Address} COMPANY NAME: MAIL ADDRESS: TELEPHONE NO: (Toll-Fmc Prclkrrcdl EMAIL ADDRESS: (City) f Statel (Zip Code+4) VOICI,:: { ) .. , EXTENSION: OTtlER: { ~ .: FAX: I' ) _ RFP ' ' No. (. I0. ~ PItlLLIP E. DOWNS Partner Kerr & Downs Research 2992 Habersham Ddve Tallahassee,,FL 32308 '. ' (850)?06,31,1 ~'~fax (gSOj 906-3112 E-m~l pd~kmdo~.cbm Professor of Marketing .Florida State University EDUCATION .- Ph.D. ~- University of North Carolina, Chapel Hill, 1976 M.B.A. - Bowling Green State University, 1972 B.S. - Bowling Green State University~ 1970 CONSULTING EXPERIENCE Kerr & Downs Research 1984 - Present - Founding partner Project Director for over 600 research projects - Moderated over 300 focus group interviews TEACHING & ADMINISTRATION 1985 - present Professor of Marketing F19rida State University 1980-1985 Associate Professor of Marketing Florida State University 1982-1984 Assistant Chairman, Marketing Department 1984 Acting Chairman, Marketing Department (Summer) 1978-1980 Assistant Professor of Marketing Florida State University 1975-1978 Assistant Professor of Business Adm{nlstration College of William and Mary Courses: Marketing Management (M.B.A.), Doctoral Research Seminar Principles of Marketing, Marketing Research, Advanced Marketing Research Principles of Marketing HONORS AND AWARDS American Marketing Doctoral Consortium Fellow, 1974 ' Southern Marketing Association - Steven J. S.haw Award (Best Paper Award), 1978 S0uthem Marketing Association - Best paper in the mark,?ing res~ch'~ck~ 1981 Tallahassee Society of Association Executives - President s Award, 1990 ' Tallahassee Society of Association Executives - Associate of the Year, 1991 Florida State University- Outstanding Teaching Award, 1992 p~llcan Marketing Association- FSU Chapter, Outstanding Marketing Teachin~ Award enic Council, FSU, Outstanding Fac~ty Nominee, 1953 " ,; _ , 1993 Florida State University, Teaching Incentive Program AWard winner, I995 American Society of Association Executives, Marketing Section Council Member, 1993 - present Florida Society of Association Executives, Associate Member Of the Year, 1997 GRANTS College of William and Mary, I976 Florida Department of Commerce, 1979 Florida Department of HighWay Safety & Motor Vehicles, 1980 Florida State University (COFRS), I982 PROFESSIONAL PRESENTATIONS 1977 - American Marketing Association Educators' Conference, Hartford, Connecticut Southern Marketing Association, Atlanta, Georgia 1978 - Academy of Marketing Science, Chicago, Illinois Southern Marketing Association, New Orleans, Louisiana 1979- American Marketing Associ~ttion, Minneapolis, Minnesota Southern Marketing Assbciation, Atlanta, Georgia Academy of Marketing Science, Miami, Florida Southeastern American Institute of Decision Sciences, Nashville, Tennessee 1980- National Operations Research Society of America/The Institute of Decision Sciences, Washington, D.C. Southern Marketing Association, New Orleans, Louisiana Leon County Government, Tallahassee, Florida City of Tatlahassee Government, Tallahassee, Florida 1981- Southern Marketing Association, Atlanta, Georgia Florida League of Cities, Orlando, Florida Leon County Government, Tallahassee, Florida City of Tallahassee Govemment~ Tallahassee, Florida 1982 - Academy of Marketing Science, Las Vegas, Nevada Mid-South Marketing Educators' Conference, Gulfport, Mississippi Southern Marketing Association, New Orleans, Louisiana- 1984- SouthemMarke~gA~s~ciafion~New 0rle~,~u~iana,, ,~ . ~ Florida Cr~edi't E~Mafiagement ~s~mte,, Tal!ah~see, F!ori~ia: 1985 - American S.ociety ofAssOc!;.~'on Exe, cutives, Wash~ng~o~sD.C. Florida S0c~ty of A. sso¢¢fi6h Ekee~,ze~, (Jrlanda~ ~l;fi~a ~c°re Credit l~ni6~~r~li~s~.vl0fidl' ' ~. · :~- 1986 - American Society -o~oemtmn E>see~U~eS, Ch~gago~ Ilhno~s American sae~ety ~i~'Exe%~fi~es; Was~ng~on, mC. 1987 - American Society of Association Executives, Washington, D.C. American S .aeiety of Associatinn Exec~tives, Memphis, Tennessee Central Florida Society of Associati0n Executives, ~)rlando, Elorida ARMA International, Kansas City, ! Tl~e PetroleUm Institute, 1988 - American Society of Association Executives, Alexandria, Virginia Florida Hospital Association, Orlando, Florida American Society ~f A~ ~0ciatian Executives; Washington, D.C. Tallahassee;LeonF~der~l Cmdit Uni0n~ Tallahassee, Florida 1989- American Society of Association Executives, Cincinnati, Ohio Central Florida Society of Associa_ti?n Executives, Orlando, Florida American Society of Association E~ecutives, Washington, D.C. Florida Hospital Association, Tampa, F!qrida Florida Society of Association ExecutiveS, Orlando, Florida Tallahassee-Leon County Local Planning Agency, Tallahassee, Florida City of Tallahassee Government, Tallahassee, Florida 1990- American S0.eiety of A.sso. ciation Executive.s, Washington, D.C. Florida HosPital Association, Orlando, Flonda American Society of Association Executives, Dallas, Texas International Association for Financial Planning, Atlanta, Georgia City of Lake City Government, Lake City, Florida St. Johns River Water Management District, East Palatka, Florida Florida Society of Association Executives, Tallahassee, Florida Tallahassee Society of Association Executives, Tallahassee, Florida City of Tallahassee Government, Tallahassee, Florida Florida 1991 - American Society of Association Executives, Washington, D.C. City of Taltahassee Government, Tallahassee, Florida Leon County Tourist Development Council, Tallahassee, Florida AR/VIA IntemationaI, Karis. as City, Missouri Tallahassee Memorial Regmnnl Medical Ce4!~ .ter, Tallahassec, Florida Tallahassee-Leon Federal Credit Union, Tallahassee, Florida 1992 - American Society of Association Executives, Washington, D.C. Sarasota County Government, Sarasota, Florida City of Tallahassee Government, Tallahassee, Florida Okaloosa County Tourist Development Council, Destin, Florida 1993 - Florida Society of Association Exe, c.utives, Naples~ Florida Florida Association of Realtors, Orlando, Florida Florida Engineering Society, Orlando, FlOrida 1994 - American Society of Heating Refrigerating & Air Conditioning Engineers, New Orleans, LOuisiana American Society of Heating Refrigerating & Air Conditioning Engineers, Atlanta, Medical Center, Tallahassee, Florida Florida 1995 - , St. Augustine, Florida American Society of Association Executives, Nashville, Tennessee Printing InduStries As~oeiafi0n of Georgia, Atlanta, Georgia Florida Physical Therapy Association, Orlando, Florida Tallah~assee Socicty,ol~Xssociation Executives, Tallaha~see, Florida Florida Home Builders Association, Tallahassee, Florida 1996 - Produce Marketing Association, Naples, Florida Tallahassee ~ icon Fef. era! Credit Union, Panama City, Florida Taltahas~.e~i~emodal ~egional Medical Center, Tallahassee, Florida American S6ciety of Association Executives, Washington, D.C. 1997 - Public RelatiOnS Society of America, New York, New York sai'asom C0imty Govemm~nt, sarasota, .Florida Public ,R_elafions Society of America, Miami, Florida Florida s Space Coast 9ffic.e ;0f Tourism, Cocoa Beach, Florida PrdsslConf[ienOei ~ipub!i¢!Agenda, Tallahassee, Florida Television S.h. ow,.w. CTV Cal~ita) F.ocus, Tallahassee, Florida Central' Floi'ida, Socie~ of~ociation Executives, Orlando, Florida American S'~ciety of~sso~iation Executives, Washington, D.C. 1998 - American Society of Association Executives, Memphis, Tennessee International SL21 USe.rs~Oro~P, Salt LakeCity, Utah Press Conference, Spn.ngtnne:Tallahassee, Tallahassee, Florida Iron & Steel Society, Pittsburgh, P .ennsylvania Fl .,cgida Space Coast. Office:0f Tourism, Cocoa Beach, Florida Capital ~ity B~ Gi01*p, Taliahasse~, Florida Fl6ri~ De~ent of Ti:ansl~ortation, Taliahassee, Florida Florida Department or'Insurance, Tallahassee, Florida PROFESSIONAL AFFILIATIONS American Marketing Association American Association ~ American Florida Society of Association ] TO~aOvrgia Society of Associa~on Executives el & ToUrism Res~ei{~Ass0c~ti~n PROFESSIONAL SERVICE Manuscript Reviewer - (i) (31 1976-1977), and Southern Marketing member,~ Market Section Council, 1993-present GeorgiaSo~ety :of Ass0ciatio~n Executives, Salary Survey: Committee, 1990 --1994 PUBLICATIONS "Examining Retail Image Before and After a Repositioning Strategy," Journal of the Academy of Markefine Science, Volume 12, Number 4, Fall, 1984, 1-24 (with $oel B. Haynes). Em. pirieal data were collected from customers and management personnel before and after a major re-positioning strategy. Hypotheses relative tO expectations and perCeptions of each group were teste& (refereed) ' The Products Liability Coordinator: A Partial Solution," $oumal~the Academy of Marketine Science. Volume 14, Number 3, Fall, 1986, 58-65 (with Douglas N.~ Behrman). The adverse effects of products liability cases on manufacturers were examined, and a comprehensive strategy for combating this trend wus developec[-(refereeS) "Recent Evidence on the RelaUonship' ' Betwe.en Anonymity and Re~onse VariabIes for Mail Surveys, Journal of the Academy of Market,rig Science. Volume t4~Number 1 Spring, 198(5, 72-82 (with $ohn R. Kerr). Past empirical studies which examined the relationship between, anonymity and response rates were reviewed and an'updated study was conducted'~hich exarm'ne{:l not only resp6nse rate, but also other response variables. (refereed) . "Testing the Social Involvement Model in an Energy Conservation Context," $oumal of the Academy of Marketing, Science. Volume I4, Number 3, Fail~ 1986,'13-20 (with 1on B. Freiden). The social involvement model .developed By Webster for the ecological arena was tested in the energy conservation context. (refereed) "The Faces Scale,- A Graphic.Alternative to the Semantic' Differential,,'-' Proceedings, Southern Marketing Aasocmtior~ 1984. Several sets of faces scales were developed and tested among three samples to see if a faces scale could be utilized In placeof the semantic differential (refereed) "Investigating Potential Market Segments for Energy Conservation Strategies," Journal of Public Policy & Ma~ketin~,iVolume 2, I983, 136-152 (with Jon B. Freiden). Using demographic and so. ci0economic characteristics, energy-responsible individuals were id~nti~ed: A comprehensi-,}~ index Ofenergy ConsUrnl~tion, including home, inter-city travel, and vacati6n activities; was deYeloped for nearly 2000 individuais. ~(refereed) "Strategic Market Planning for a New Consumer Product," in Thomas S. Dudick and Robert V. Gorski (eds.), Hanc~book o~Business Plm~ and Budgetlne. yah Nostrand Reinhold Company, 1983, 171~185 (with O. David Hughes). A case analysis scenario for a new product was developed, along with a detailed marketing plan and financial analysis. '~Recent Evidence on the Relationship Between Anon~qy~ and Response Variables," Proceediri~s,, Southern Marketing Association, 1982, 258 264 (with ~Iohn R. Kerr). The impact of anonymity on response quality, bias and item omission was examined in a mail survey (selected as the best paper in the.marketing research track). (refereed) "Investigation of Consumer Motivations for Conserving Energy," Proceedings, Academy of Marketing Science, 1982, 473-475. Data from a random sample of Flon~da households were examined to see if demographic, socioeconomic, and personality variables affected motivations for conserving energy. (refereed) "Do Individuals Exhibit Consistent Energy-Conservation Behavior?" Proceedings, Southern Marketing Association, 1981, 176-179. Using data colleeted from a randomly selected set of Florida households, energy conservation practices of indi~duals in their hom~ environment, during vacations, at work, ~nd during normal transportation efforts were consistent across all areas of one's life. (refereed) "Investigating Retail Image During Implementation of a Strategic Plan," Proceedinas, Southern Marketing ASSociation, 1980, 80-83. Retail i .mage data were collected before and after a repositioning strategy ora national retailer located in Tallahassee. Analysis examined changes in retail image as perceived by the target market. [refereed) "Comparing Two Diverse Methods for Generating Perceptual Maps: Multidimensional Scaling Versus the Hand,Drawn Technique," Journal of Business Research, Volume 7, December 1979, 349-358. A simplified, hand-drawn perceptual mapping technique was developed and compared in an empirical study to multidimensi}snal scal~g. The hand-drawn perceptual maps compared favorably to those generated via multidimensional scaling on reliability and validity measures. (refereed) ;A Be,.hd~;ioral. ly-Ofiente, d T,echnique for Examining the tntrafamily Decision-Making Process," rocee ings, American ~aanceting Association, 1979, 12-23. Multidimensional scaling and regression analyses were used to determine if husbands and wives acting as jmnt demsLon.m, akmg units arrive _at different contraeeptiv~e n~thod decisions than when they decide individually and independently of their spouses. (refereed) . ' Determining If Instmct0r~' personal Characteristics Affect Student.Evaluations, ' Proceedin,,s, American Marketing Association, This was an empirical study which sought to determ~,e;if p~rSonal stics such as personality variables; ease ofg~ading and teaching style affected stud}ri{ ~+{luatlonS~ (refereed) preference aa~canectect ~o~ ~Y~s~s~ ~ ~t~clmaens~ona~ qcaling,~ Dam;for spatial and aspatial sfimuti: w~.studied. government servaces~ Tax Cuts," Pmceedin~s~ Southeastern.American (with Kobert J. Solomon). levels. for different "Dynamic C0mP~tlve Retail Image: :Au Empirical Investigation," Proceedings, Southern Marketing A~, so¢ia~tion~ 1979~ ~3~-437 (with RiChard G. Flood), A pilot study was designed to determine the feasibility of examining a retail image change during a repositioning a[[~eg~ .(refereed) Testing the Upgraded Semantic Differential, Journal of the Market Research Society, Volume 20, Number 2, 1978, 99-'10Z A modified versio.n of the semantic differential was compared to two traditional Versions of the semantic differentials: Comparisons were made on reliability, validity, ease of enmpletion, and time to comP!etethe stoles. (refereed) "Marketing aNon-Traditional: A College Sports Program," in M. Wayne DeLozier and Arch Woodside (eds), Marketin~ Management: Strateeies and Cases, Charle~ E. Merrill Publishing, 1978, 770-780 ~With Sarah Bane and William D. Bini0n), reprinted.in Kenneth L. Bernhardt and Tom Kirmeer leds.), Cases in Marketin~ Management, Dall~s: Business Publications, Inc., 1981. A case analysis s~enariq ofthe~athletic dep~ent of the College, of William and Mary was developed. The case was utilized as a nonprofit example of the application of marketing tools and techniques. "Hand-drown Perceptual Mapping Technique: An Alternative to Multidimensional Scaling," Proceedings, S0uthem Marketing Association, 1978, 168-171 (selected as best paper at the conference). The hand-drawn pemepmal mapping technique was developed and presented as an expedient, simplified alternative to multidimensional scaling. (refereed) "Assessing Career-Oriented Males' and Females' Attitudes Toward Life Insurance: Investigating the Need for Segmentation Strategies," in D. K. Hawes and R. D. Tamilia (eds.), Developmenrs in Markefine Science, Volume I Academy of Marketing Science, 1978~ 43-56 (with Roger Formisano). as muna mat remme M~As represent a a~stmct market segment and'should be'the focus of a separate marketing strategy. (refereed) "Intrafamily Decision-Making in Family Planning," Journal of Bu~qin~xs Research 5 (March 1977), 63-74. Multidim .e?ional scaling Was used to examine which attributes were most salient to husbands and Wives m making C0~trac,ptive method decisions. Attribute s~ienee and contraceptive method preference were examined at the individual level end at the;Couple level. (refereed) "Utilizing Multidimensional Scaling to Predict Brand Chome,' mB.' .4. Greenberg. .and D. N. Bellenger (eds.), Contemporary Marketin~ Thou~,ht AmericanMarketin,, Associa*:,-- 512. This study tested the predictive validity of multidimensional scaling, Respondents provided perceptual data on be~r brands from which perce.p, tual maps were develop~l. Actual beer brand consumption was compared to consumption predicted from the. Perc~ptuitt'maps. (refereed) "A Technique for Validating Multidkneusional Scaling Perceptual Maps/' ~ Southern Marketing ~4ssociation, 19~7, 37240 (with Donald J. Messme~).: The hand-drawn perceptual mapping technique was tested in a pilot s.md.y, using student subjects Results suggested that the technique had promise as a managerial iooI Which could be used as an alternative to MDS. (refereed) "A Method for the Investigation of Investors' Mental Processing of Information," Journal of Business Research 4 (February 1976), 1-14 (with O. David Hughes). .~n,on,-!~..e co~.mpu.terized.s.tud, y of financial investment decision making was conducted. ~r?amn. r7 o.~ ouymg certmn., investments was the dependent variable, ~vhile source of m. tormatmn, investment attributes and favombility of the information about the investment were treatments in. an analysis of variance design. Regression analysis was used to look at the impact of five personality variables on the decision-making process. (refereed) UNIVERSITY SERVICE Florida State Universit3, 1983-1984 1983-1984 1979-1987 1979 1978 I978 t9~78 1976-1978 1975-1978 md Board Me~ber, 1984- 1993 pxesident and Board Member, 1985 - 1988 I988- 1991 PRO BONO RESEARCH FS;U Athletic D..epartment FSU Artist Series Tallahassee chamber of Commerce Abuse Association t Parents Parents , of Association Executives Executives Center EDUCATION CO1VEPUTER SKU .LS EXI~ERIENCE 2/00 - current 7/98 - 2/00 11/98 - 7/99 11/96 - I2/97 Lori D. Morg~i~ CASE WESTERN RESERVE UNIVERSITY Cleveland, OH Weatherhead School of Management MBA, May 1998: G.P.A.: 3.8/4.0 · Concentrations: Marketing and Management Information Systems · C°ursew°rkincluded:HealthcareMarketiag, MarketRaseareh, GlobalManagement, and Systems Analysis & Organizational Design CASE WESTERN RESERVE UNIVERSITY Cleveland, OH Weatherhead School of Management B.S. in Management c~m laude, May 1996 Concentration: Finance & Economicsi Psychology · Recipient of The Wall Street Journal Award C°ursew°rk:ingluded:'S,tatistiCs, Psychological Reseamh Design & Analysis; and Human Re~our~e~ · , Proficient with l~M-compatibtes;'Windows 95/98, WindowS NT, MS Office Pr°fes~i0nal (W0?~el, poWet/I~oiat, Access), Word?erf%t~ MS Outlook, Lotus Note~, SPSS, Ado6~Pagemaker, Teleform, Perseus SurveySolutions and C programming~ Kerr & Do,was Research Taltahassee, FL Project Manager · Managed all aspects of market research projects for a variety of clients. Created databases, analyzed data, developed graphical.representations of findings, desktop layout Of reports, ys, ed computer system. Projects were primarily member satisfaction surveys and compensation and benefit surveys. MULLEN ADVERTISING Wen,ham, MA Freelance Market Research Analyst · Developed and prepared monthly and quarterly regional and national reports for a national wireless telecommunications client. Reports summarized the business and consumer calls and leads generated at the inbound ~all centers. Tracked the effectiveness of the various campaigns using performance trending. · Built weekly and monthly advertising spendiag dataqet containing media sources in 65 metropOlitan markets. COlVIPLETE BUSINESS SOLUTIONS, INC. (CBSI) Solon, OH Business Analyst · Assisted in building business models to aid CBSI in solving utility industry business problems. · Conducted Interact research and wrote company profiles on various large electric and gas utility companies to assist with internal sales and marketing efforts. THE FANEUIL GROUP Boston, MA Assistant Market Research Analyst · Designed and developed an MS Access database to track the ownership and lineage of electric utility companies. Database was used to support sales and marketing efforts. · Prepared quarterly and yearly reports that summarized customer satisfaction research completed for a major California gas company. · Researched availability of credit card registry services throughout the industry to determine possible future client Education Christina A. Gallagher ! r, esearch~ · and cbrnm0dities 1996 Wait Dis~t~eyWo?ld~O~,,.land~handiseRepmset~tative, ~y, !994 to ~fL ~tg94.: · Assiste~f M~g. ic Klngdent g~t~-~ith ~ustomer service (usuatlly in Spahish), cash handling duties, store merchandising, sales and es~istit~gl;manage?s,in daily operations. Health and Rehabil [t~tiv~:~i,~ ~ ~S ,:E~etai{ A?~$~ant, Taliahas~see, 1992 to ,1993 · Edited, feat~Jr~s Wr~ter~ Ir~'/S~;.i'~t~ ~or,~du~:~atibnat thais anti'assisted cl;[&ntS 9~ith program queries. ational Tourism, Tallahasses, Florida which included press release features in Spanish., Volunteer Work Florida Siefe University/Charles University, Prague, Republic of Czech, June, 1996'~- Peace Corps style service project. .SpecialSkills · FluenLin~SPanish and proficient in Italian and Portuguese Experie~c~, in Microsoft Office2000, FrontPage 98, HTML 4.0 and research tools (the intemet, WebLuie and Lexis-Nexis) · Grad~a~ c..~u~se tn Web pag& layout and design · ALLISON AMORGINOS SKILLS AND ABILITIES Experience in Visual Basic and C programming, Extensive Imowledge of W'mdows NT, 95, 98 and 2000. Experience in Technical WHting. Ceffifled in Microsof~ Access. Work daily with SPSS, Microsof~ Excel and Adobe PhotoShop, PageMaker and Reader. EDUCATION 1998 - 2000 Florida State University B.A., Information Studies Career Courses Nenarork Administration Web Development and Administration Interface Design Technical and Professional Communication Managing Information Resources and Services Tallahazsee, FL EXPE_KIENCE 06/00 - present Kerr & Downs Research Tallahassee, FL Project Manager "Emabtlsh and maintain relationship with clients throughout lifespan ofprojecrs. · Continue relationship with client for prospect of future projects. · Create and design research questionnaires. · :Organize and supervise ongoing research projects. · Compile and analyze research and statistical data of completed surveys. · Conduct detailed research of assigned · Prepare written research reports as determined through contracted clients. · Help manage and maintain technical support of business. · Troubleshoot technical and software problems. · Maintain and coordinate staff's project timetable. 09/99 - 06/00 Department of Juve~e Justice Tallahassee, FL Bureau of Quality Assurance Associate Assistant I · Compiled and analyzed research and statistical data. · Prepared written research reports for the Bureau of Quality Assurance. · Conducted detailed research of assi§ned subjects per~Jnln§ to ~gency programs. · Update co-~ data shects for annual report and total pro§rams reviewed chun £or QA report. Nancy Champion RESEARCH EXPERIENCE 1996- Prarent Kerr & Downs Research Posk~on: Production Supervisor Responsibilities · Saper~se telephone interviewing activities, focus groups and dam:collection, quality coritrol · P,roject coordinator and liaison for research projects · Train interviewers * Mai~t~'n~recerds on interviewerproduc~vity · MOtivit~int~eWera- ~ *~ H~an resources director · Office supply manager Projects · Supervisor/trainer for more than 120 projects including approximat61y20 City of Taltahussee projects Bianca D. Tennyson Objective ExpeHence Educa~on Obtain a challenging professional employment opportun ty that would enhance skills acquired in the field of marketing and mer(ihandisfng~ 0912000 to Present Kerr & Downs Research ResearchAnalyst Trainee · Compile a!'td analyze resesmh and sta~Jstical data of:cornpleted, surveys. · Conduct detailed research of assigned projects. · Prepare wdften rasearch raports as deterrr~ned through contracted clients. 08/99 - 09100 Lady of America Tallahaesee, FL ~ales Associate/Marketing Representative · Implemented marketing and pmmotiona ides. · Responsible for genera~g,, sa es. and providing customer service. · Performed daily business operational procedures. 05/99 - 08/99 Tennyson &~.ssoc..Architectural Firm . Atlanta, GA Assistant Contractor ;- Assisted department with day-to-day project management. Performed various labor tasks such as insulation and painting. · Served as a courier for~ clientele materials 01/98 - 04/99 America Reads Taltahassee, FL Reading Special~utar · Tutored beginner and challenged elementary studanta in reading. · Assisted teachers with.in-ciasa activ~es. · Served es a mentur and student advisor. Florida State University · B.S., Business with emphasis on Marketing. · FSU GPA: 3.0/4.0. · Intramural Softball · Black Student Union (BSU) Tallahassee, FL Task Class of Staff Project Director Oat of~ket expenses $175/hour $ 70/hour $ 25/h0ur · $12.50/copy . cannot be ascertained at this point. Fees Schedule (FY2001, FY2002, FY2003) Int~v-iewer Raining& supelwision Telephone interviewing Internet inmrviewiag Data ena'y &'a~lysis Repo~ preparation Word pwcessing & graphics Total fees $ 1,500 $ 2,000 $10,000 no charge $ 4,500 $ 4,500 $ 1,500 $ 9OO $24,900 Task 2 Rates by Class of Staffwill be the same as in Task 1. EXHIBIT V?.-CONSENT AGENDA TrEM B.6 RESOLUTION NO. R 01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID (NO. 094-2414-01/KR) TO NEWPORT BUILDERS, INC., OF OAKLAND PARK, FLORIDA, IN THE AMOUNT OF $96,500.00 FOR THE CONSTRUCTION OF THE NEW PENCE PARK RESTROOMS AND STORAGE FACILITIES AND THE NEW GALAXY PARK BASEBALL DUGOUTS: AND ESTABLISHING A TOTAL PROJECT BUDGET APPROPRIATION OF $101,325.00 FOR TH~S PROJECT; AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT; AND PROVDING AN EFFECTIVE DATE. WHEREAS, Procurement Services received and opened Bids for the above mentioned project on September 18, 2001, and it was determined that Newport Builders, Inc. was the most responsive bidder who met and exceeded alt specifications; NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the award, of a bid to Newport Builders, Inc., in the mount of $96,500 for the construction of the new Pence Park Restrooms and storage facilities and the new Galaxy Park baseball dugouts, and authorizes the Mayor to execute a Contract between the parties, a copy of which is attached hereto as Exhibit "A". Section 2. The City Commission of the City of Boynton Beach, Florida hereby establishes a total project budget appropriation of $101,325.00 for this project. Section 3. That this Resolution shall become effective immediately. ATTEST: City Clerk szResokBid AwardXPence park Bid112801 PASSED AND ADOPTED THIS day of December. 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissi0frer Requested City Cormmssmn Meeting Dates [] November 2¢. 2001 December 4, 2001 [] December 18, 2001 [] January 2. 2002 VI.-CONSENT AGEfl DA ITEM B.6. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk'~ Office November 7. 2001 (5:00 p.m.) November 21, 2001 (5:00 p.m.) December 5 2001 (5:00p.m.) December 19. 2001 (5:00 p.m. ~ Requested City Cormmssion Meeting Dates [] January 15. 2002 [] February 5, 2002 [] February 19, 2002 [] March 5, 2002 Date Final Form Must be Turned into City Clerk's Office J~,luary 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 [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Aaaouncemen[ [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award e contract under Bid # 094-2414-01/KR to Newport Builders,/nc. of Oak/end Park, Florida in the total amount of $96,500.00 for the construction of the new Pence Park Restreoms and storage facilities and the new Galaxy Park baseball dugouts, this will establish a tote/project budget appropriation of $101,325.00. EXPLANATION: This is a combined project to provide needed restroom facilities to Pence Park since the present facility ts outdated and too small given the current usage. This project will also bring the facility into ADA compliance. The project will provide for demolition of the existing restroom building and the construction of one (1) new bUilding of approximately 450 square feet for the two restrooms and storage area. The Second component of this project will provide for two (2) new covered dugouts at Galaxy Park since at present there are no adequate shelters given the amount of usage end the need to update the facility. PROGRAM IM]DACT: Newport Builders,/nc. has performed in a satisfactory manner on projects managed by C3TS Engineering in Coral Gables, Florida, which include projects of a similar nature to Pence/Galaxy Park as well as work completed et the Boca Mall Town Center. Both the Department of Engineering (DOE) and the Design Consultant consider Newport Builders,/nc. qualified and competent for the performance of this project. FISCAL IMPACT: Originally budgeted on 2000/01 budget Pence Park Restrooms $30,000 Galaxy Park Dugouts $ 1,000 $31,ooo The above funds will be reserved and transferred to CIP to partially coverthese two projects. Balance of funds needed, $70,325, will be transferred from a Parks Improvement Reserve in the General Fund to the ClP Fund. Pence Park Restreoms - Project CP0257- Account # 302-4115-580-62-01 $76,900 Galaxy Park Dugouts - Project CP0256 - Account # 302-4215-580-63-15 $19, 600 S:~BULLETI2q~FORMS AGENDA ITEM REQUEST FORMdX)C CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The original budget request for'Pence, Park Restrooms was ~or,~65,000 toreplace that fac¢#~ty. During the budgef prdbe~s ~his item was r'educed fo $30;00Q. The (hinking"~Ve~¥ffa~ ~e' ~duld b~ able to ~efu~b[sh~or use part of the existing building to reduce the costs. Based on analysis by the En~[neeHna arzd BOildina Departments it was determined that refurbishment was not feasible we decided to bid out a replacement building to determine actual coats. The ~rigina~ budget request f~r ~ata~xy Pa~k Du` g~ut~s ~as f~r $~ by~the Recreati~n D~partment This as only to put roofs ~n- the existiqg struc~rb~.~, ~e Et~gineen,n~' af)d B~Tdihg ~ei~ent$ determined that was no, feasible.due ~da.rpa~e tha~had~ ~q~;t6 ~ ~c~t~<:s~aJ~'~,~;r&bts and othe~rOb~ms C~ts p o]ect nclu~ ~emolNo~ and remo~al o~e c~ore~-~)~ ~d pl~y~rs ,b~Ch area& We recommend that funding for tbese prgje6ts ~ul~ be supplem, eatecl f£om the Parks Improvement Reserve Fund. SeveYalprojecfb liste, d c~this list Were b~l~eted~ ~eral y~are b~d i~ve be~r~ completed Funding for these projects cou~:r~' ~Ti~t~ ~ ~i~t~,:~,~ p~ ~b~t~OO~ and Gata~y ~ark Dugout Projects. Funds available in 001-0000-247-01-02 $~5&891 LL Baseball Field Improvements Wilson Park Landscape Wilson Park Light Panel Sr. Center La~ds~ caping & Irrigation Playground Equipn~nt ' Boynton Lakes Dra~a. ge (scope of prolect reduced) 25.~54 ~000 1~000 5,000 ~788 13,583 Sub=total $70,325 Funds Remaining $8~149 Capitallmprovement Pregramwillbe amended toreflectchange ofProjectfromfiscalyear2OOO/O~to 200~/02. ALTERNATIVES: The alternative of not proceeding with these necessary improvements is not considered prudent given the community usage of these facilities. This combined project represents planned and budgeted facility improvements. The DOE Construction Services Division will prov.!d.? all requisite technica~supervision and oversight of the contractor to assure compliance to all terms ~nd cond~'on&~ ' ] ~ /-/ Department Head's ~igna~e' / / Ci~ Manager sSign~tU~d Parks Deparm~ent Department Name City Attorney / Fiaance / Human Resouxces S:kB ULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC PART I - PENCE PARK RESTROOMS PROJECT AND PART II - GALAXY PARK DUGOUTS THIS AGREEMENT; made and entered into this day of , A.D. 2001, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and NEWPORT BUILDERS, INC. a Florida Corporation (_ X_) a Florida General Partnership ( ) a Florida.Limited Partnership ( aSole Proprietor - ( ) Check One h6reinafter 'called "CONTRACTOR". WITNESSETH That under the due procedure of law, bids were heretofore received by the City Commission of said City for: the performance of work and supplying materials, hereinafter described, and said Commissiorf having canvassed said bids, had determined that the bid in the total mount of NINET, Y-SIX,THOUSAND FIVE HUNDRED DOLLARS AND 00/CENTS submitted by the aforernentioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated SEPTEMBER 18, 2001, which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: PART I - PENCE PARK RESTROOMS PROJECT AND PART II - GALAXY PARK DUGOUTS Bid Number: 09~--2413-01/KR City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices/or lump sum prices as specified in CONTRACTOR'S bid totaling $ 96,500.00. 2.0 SCOPE OF SERVICES 2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete.said, project :in ~tccordance with thc qondifions and prices as · stated in:the cOntract; General: Conditions;fi!for~: .Con~tructiqn;. and Supplementary Conditions for Cons~cti°hi plans .which in~lud~ iali;maP~, ptatS, blueprints, and other drawings and prinie~d ~)r Written explanatfiry matter thereof as contained in the bid, contract ~docments and specifications for the 2.2 All the work and labor performed under this con~c[:sh~xh.e.~ :~: all of the material fi~mished sha!f be~in sirict conformity wffh:. ~i~,pJarts?!and specifications, and CONTRACTOR accepts ~l consents to the C0nd[fions Contained in said plans and SPecifications and::~e~p.re~lyva~es} every requirement and stipulation therein, contained to be p~i?Ol~'by ~.pa~3 contracting to do said work. 2.3 The CONTRACTOR.~er agrees to furnish all tools, equipmen[, rear,als and supplies ~and to do all::the work'above mentioned.in a first:class~ ~ub~t~al .and w;;lmaanl~e manner}: andin conformity v(ith the detail for said, ~o~9~i~ld: ha the 'office ~of the .City:Engineer of the City and strictly, in accarctan~¥(¥i~ the speCffimi0n~, ~enerai 'SfiPulati0ns and plans .wi/ich are hereby. ~6 ~ made a parc of this Contract, as well as to the satisfaction of the Ci~'C~_ssion and City Engineer of the said city, and in strict obedience with ~e ~l/¢ec-fions which may~be ~en by the City Manager or his authorized'repres~ea~ta,~ive, at and for the prices herein plainly set forth. 2.4 Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections' within ten (10) days of receipt of the written notice. 2,5 To comply with the prowsions of Section 255 05, Florida Statutes,.if applicable. 2.6 To pay p~omptly, before final settlement, any and-all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be supplied by CITY. 2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipmenrfrom streets, alleys, parkways and adjacem property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion islcompleted and ready for use, leaving the same in a neat and presentable cOnditiom c-2 3.0 Payment of monthly or partial estimate,~ay be witkheld until this has been done to the satisfaction of the City E~gineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. 2.8 The CONTRACTOR shall at all times observe and comply with the provisions of the 'charter. ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9 Upon completion of the work, the City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the ptans; specifications and', contract dOcuments. When the City Engineer is so satisfied, he shall'recommend acceptance thereof tothe City Manager, who shall, if he agrees with such recommendation, present the fmal payment application to City Commission for review and vote to formally accept the project~ The right of general supervision of the CITY as hereinafter prodded under "authority of the engineer" shall not make the CONTRACTOR :an agent.or employee of the CITY, but the CONTRACTOR, shall at all times, and in alt~respecfs have the rights and l~abilities Of an/ndependent contractor. 2.10 After the cleaning up of the work, premises, streets, alleys, manholes, catch basins, or other areas of structure in anyway connected With the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship Or material four/d not meeting the requiremems of the specifications shall be removed by or at 'the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefor. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 2.11 The CONTRACTOR will be held responsible for the care, protection and condition of all v~ork until final completion and acceptance thereof, and will be required to make gOod at his own cost any damage or injury occurring from any cause. COMMENCEMENT OF WORK 3.1 CONTRACTOR hereby agrees to commence work under this contract on or before a date tO be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 120 days following the commencement date as specified in same. C-3 4.0 5.0 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of the work specified and required to be performed within the time lim/t set forth in the contract, after due allowance for any extension or e~ .x:te_nsions of ~fime ,made in a99ord,ance ~(th heroin ~befor? set forth, the CDNTRACTOR,Shail be liabte-t.o~ the ~!TY~ ~,iiqdda[ed-d~ges~ and not as penalty, in the amount stipulated therefore in the Geg~[. Conditions for Construction or in other documents for each and every calendar day that the CONTRACTOR shall be in default of completion. :dg~;::ior:.tha~ ~a,y.~.~U.~,th~, .~o~ to- col[eet:s3mh liqmdated 3.3 GO oR shall, ~as soon ~ Eracfi~a,bl, e m~ter signature[ of, contract, confirm ~iC~ ~gg~eer ig ~wntmg, .~e~ a~e~0~ggb~contractors aT oggfl~ally proposed Comadtor~sha~f not~ ~,employ an ~a~,~it~i~.~§ig~eer..may,"withino~reasonable time, objec~ to as incompetent or as unfit. 4.1 ~e', ~C~-NT~CTOR further agrees to pay $100,00 per day as liquidated ~og~, ~c~ih~ture-.t0 begin W~thin~ten ~i0) days of ."Notice to Proceed" or rfai]l~e to cqmpiete th~ work within i20 calendar days from the Commencement date to:be m~cate~d ~n the written. Notme to Proce . PROTECTION OF EXISTING FACII,ITIES 51 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings walks, bridges, guard mils and other construction encountered, and the prompt repairing of any damage done m them during the progress of the work, or from insufficient support thereafter; also all the filling, backfilling, tamping, ramanmg, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing,draining or unwatering of all excavations, incidental to the execution, of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. C~4 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the u~ansportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property, or utilities owned by the CITY and to other owner or owners of public or private property or utilities when theY shall be affected by the work to be performed under the contract, and shall mak? ~!1. necessary arrangements with such d~partment, departments, owner or o~wn~ers for the removal and replacement or protecti°n of such property or Utilities. · 6.0 INDEMNIFICATION 6,1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 6.2 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, qlaims, demands. actions, ~losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's .and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused m whole or ;in part by any act, omission, or default of the CITY, its agents, servants or employees .arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional c6nsideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 6.3 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification prowsion, as well as the. insurance provisions which are set forth in Attachment "A" herein. However, me indemnification provision, and the insurance provismn contained in tlfis Contract are not interdependent of each other, each one is separate and distinct from the other. 6.4 The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. C-5 7.0 8.0 PAYMENT BY CITY 7.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of~ th6 contra6f, subject 'to additi0ns-and ded/tcfions ~as provided in the sp~cifie~on~: "~ ': CHANGES IN THE WORK 8.1 Tlxe: CITY, without invalidating the Contract, may ~der extra work or make Chan~as b~ alt¢fing, adding to or deituct~ from th~ Work, the Contract sum -- ' bemg~ "~ ~ kcl'~,21Caij CC6~in~gy-l' ' '~ such'WOrk ~lmtl be ex~euted~der the~. conditions of the original Contract. Any claim for extension of time caased-thereby shall be made in writing at the time such change is ordered. 8.2 All change orders and adjustments shall be in writing and approved bY the City M~ager or CiW commission if required, Other~vise, no claira f¢~ extras :will be allowed. 8.3 The General Contractor and all' of his subcontractors shall be apprised of, and familiar with, the following conditions arid procedures goverhing extra work under the Contract: 8.3.1 Any~change order has to be recommended bythe City Manager and offfclaltg approved by the City Commission before any steps are taken to imPledient ~e change Order. 3:.2 .S?oUld.the CONTRACTOR or any of his subcontractors commence with : ~ th~ Wdi:l~ WithoUt rnakin: a claim iff writing ifor unf6reseen extra work he 'enc6unt~rs it Will be construed as an accep,tance aiad agreement by him that ~y such ~work is required unde,r the cofitmct arid no future claim for e~tr~ Will be considered or allowed by the CITY: 8.3.3 No claim for extra work will be allowed tinless ahd until authority for ~ame ~y Written Change Order has been obtained fi'om the City Manager or the City Commission of Boymon Beach, if necessary, which ~uthorizafion Will be signed by the Mayor. 8.3.4 ~ ~Changes in the work directed in writing by the CITY'S Representative u~der ithe fOllowing pr0eedures sh~ll become ~ part of the Contract by a ~tteli Change Order. c-6 8.4 8.3.5 Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or ad.~usrments under the contract shall be promptly transmitted in writing by .the General CONTRACTOR m the CITY'S Representative with full explanations and justifications for his eonsideratiun'in preparing a Change Order tothe Contract. The value of any change ordered under the Contract for extra work and/or any reductions. in worlc required, shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1 By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the origmal bid quantity and the total dollar change of that bid item is .significant in the opinion of the Engineer, -the unit price shall be subject-to review to determine if a new unit price should be negotiated; or 8.4.2 }f no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the CONTRACTOR; or 8.4.3 By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipmem and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the auth°nZed Sperations, the CONTRACTOR shall receive the current local rate or,rages to be agreed, upon in writing before starting such work, for ~ 15~ur said labor and foreman are actually engaged thereon. An upper ~ r}f :total cost and of profit shall be agreed upon and shall not be · exceeded unless approved by the CITY. 8.4.3.1 The CONTRACTOR shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2 The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 8.4.3.3 Where it is indicated that the Contract is Federally or State assisted, the CONTRACTOR'S attention is directed to the applicable roles and regulations relative to cost pxinciples which must be used for the determination and allowability of costs under grant. C-7 equi h t ~ei~ kerns co~ 8.4.3.4 In no case shall fi-huge benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. In no case shall the and st~h~q~ntmc~grs? g~erg~ overhead and profit exceedr fifteen (iS) ~:ercent of the total cost of g~ ben~fi;s; ~il.o~'e~he~d, materials, supplies, ~e&ly'reiat~d ~vi~es' supplied by him. Among ~ered as~ ge,n. era~, :overhead ~ar~ b.0nds, ins:urance. rdens,i ~e~S~o~,and g~n&a! :office exp~nses. 8~4.3.5 In no rose shall the CONTRACTOR'S'i~ost for administering subcompacts eXc,ee~[}~v.¢ ~ 0~g~..~eonF0ctors' cost not 8.4;3.6 as power driven , or other eqmpment, authorized work, based ~on the agreed time of its use on ~ ~ shall not exceed the in :the '. Rate 8.5 8.4.3.7 II b~e:.;~g~.g~ed at the end of each !~l/~ ~¢r. Such daily records ~li~ W~¢~'~6ne under the contract : Or~t~,upllcate copies of the ~bi.: ~e, signed by the ,~ and:;n6 ~py retained by each. Claim of paymem tbr exu:a ~g s.t~:g~e O¢~.mitte4 by the,CONTRACTOR upon · , i~'*; '~'' '~t '11~ Such statements shall be certified statemerg,~ suppo~e~d i,;b~,~ r~tp~,~ i~ :.,' , submitted for the c~ent cOgt~t~:~a .y~.~enti;(ori~th~e;month in which the worn was done. No claim for extra work ~ail b~ ail~e~ imless that same was ordered, in writing, as afoms~ and the cl~pr~e~ent~.~ i:a~ ~tl~,e~time 9fthe first estimate after the work is completed.. 9.0 PROJECT ENGINEER 9.1 The project engineer shall be Stephen Boruff, AIA, Architects and Planners (561) 471-8520. c-8 9.2 The Engineer shall have general supervision and direction of the work. The Engineer is the agent of the CITY only. to the extent provided in the contract documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR written authority. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. 9.3 As: the Engineer is, in the first instance, the interpreter of the conditions of the co,tract, and'the judge:of.its performance, he shall side neither with CITY nor with 'CONTRACTOR, ~but s~l use his power under the contract to enforce its faithful performance by both. 10.0 INSURANCE 10.1 The CONTRACTOR shall maintain during the term of this comract commercial liability,: motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and ali operations connected herewith, and whenever any of the work in the contract is to be. sublet, CONTRACTOR'S contingent or protective liability and property damage insurance. Such insurance shall PrOvide: limils not less than those set forth on the insurance requiremem schedule attached as Attachment "A". 10.2 Required: insurance shall be documented in a certificate of insurance which provides thal: the CITY of Boynton Beach shall be notified m least fifteen (15) days .in;advance:of cancellation, nourenewal or adverse change. Contractor agrees to ~h pohcies if Certificate of Insurance is not acceptable. 10.3 The CONTRACTOR shall take all necessary precautions to prevent the generation~of Bud, unnecessary noise in conjunction with his operations at the work s£te, fntemakcombu~tibn engines used with construction equipment shall be equipped ~th!.mUfflers.; as required by the Code of the Ctty of Boynton Beach, and th& CON¢rRACTOR shall comply with all requirements of this ~ode as they pertain to prevention o;f noise No pile driver, excaYating or other construction equipment,3pn.eumatic hammer, derrick, the use of which is attend by loud or anusua[ n~se,!.shalt be ~pemted between the hours of 6:00 P.M and 7 00 A.M., except,~bY ~i/tempermission of the City Manager, and then only in case of emergency; 11.0 GUARANTEE AND,WARRANTIES 11.1 All the work shall be guaranteed to remain in good condition for one year fzom date of acceptance. C-9 12.0 TERMINATION OF CONTRACT 12.1 If the work to be performed under the contract is assigned by the CONTRACTOR other ~an: providext :for-herein};if the~ E©NTRACTOR should be adjudged as bankrupt; if a~general assigranent, of.his;assem be made:.for the benefit of his Creditors; if a mce[ver should be:app0inte([ for the CONTI~ACTOK or any of his property; if at any tim~ the Engineer shall certify in writing to the City Manager that ~he performanae ogthe Work under the contract i~ being, urmece~sadly delayed or that the CONTRACTOR ~is. Witlfully viohtingvan~r of the conditions, ~pecifications. or that he is the t for its if o, her jus md in such r and the cease ,,svith written 12.1.2 Obtain a~hid or bi& sufficient paragraph; :: shhIl CON.CTOR under the amount properly [ · or with its the CITY of (even under the paragraph) of the for in the first used in this CITY to less the C- 10 13.0 CONTRACT CONTROLS 13.1 The subject contract between the CITY and the CONTRACTOR shall sUpersede any and ali documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. 14.0 TIME OF ESSENCE 14.1 Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all the other 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 ~n accordance with a predetermined program, all such time limits are of the essence of the contract. 15.0 REMEDY FOR DELAY 15.1 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an act or omission of the CITY. its agents or employees. 15.2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.3 All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction. 15.4 For the purpose of this section the phrase "the CITY, its agents and employees" shall include but shall not be limited to the architect, project manager and consulting engineers. C-Il IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested 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 wimessed in the presence of: CITY OF BOYNTON BEACH. FLORIDA mayor - Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and wimessed in .the presence of: Conllactor Presidenl or the Vice President Attest as to Contractor C-12 State of Florida Cotmty of Palm Beach ) On this day of ,20 , personally appeared before me duly author/zed to administer oaths to me known to be the persons described herein and who executed the 'foregoing instrument .and have acknowledged before me and they have executed same. Notary Public My Commission Expires: 05/04/01 C- 13 TO: FROM: DATE: RE: DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-206 Bill Atkins, Assistant Director Finance/Procurement Agem Bill DeBeck~ Proj October 15, 2001 This office has reviewed the Bid Tabulation sheet for the subject project and hereby recommends con~act award in accord with the following: Project Name: Pence Park Restrooms Project and Galaxy Park Dugouts Recommended Contractor: Newport Builders, Inc. Amount: Total Contract Amount - $96,500.00 (a contingency of 5% has been added to this project for unexpected site conditions and necessary changes for a total project budget of $101,325.00) Aceount Number: 001-2730-572-62-01 and 001-5000-590-02-01 Verification of Contractor Responsibility: Construction Services Division and the project consultant have verified previous performance of Newport Builders thru contacts with C3TS Engineering and Architecture, Coral Gables for three building/facility projects completed on time, within the budget and w/th a high level of workmanship. Compliance with Plans and Specifications: No exceptions were taken to the bid construction documents. Client Office Concurrence: John Wildner, Parks Department, has indicated his concurrence with the recommendation to award to Newport Builders. If you have any questions, please contact Clem Bucher, Contract Administrator, ext. 6491. Cc: Paul Fleming, Senior Project Manager Dave Kelley, Utility Engineer Bill DeBeck, Project Manager File S: ~Engineering~Engineering Depr Memorandum. doc ~From: Wildner, John ~Sent: Tuesday, October 23. 2001 5:12 PM ~To: Reese, Diane ~Subject: RE: Diane - thanks, I'm working on my response already. John ina] Messa ITo: Wildner, John subject: parks Improvement Reserve Fund 001-0000-247-01-02 / I I This a¢co, unt was set up,to reserve funds budgeted for spec f c projects that did ,net get completed dudng the Fy budgeted ' : Project Amount Amount Running Reserved Expensed @ 9- Balance 30-01 t998/1999 Budget Beginninc~ Balance $ 9,260 3oynton Lakes Drainage $ 95,00(} $ $ 104,260 Sara Sims improvements $ 40,000 $ 45,841 $ 98,419 _L Basebal F e d mprovements $ 25,954 $ $ 124,373 ]'oral added to Rsv @ 9-30- $ 160,954 $ 45,84l 1999 1999/2000 Budget Rolling Green Soccer Field $ 35,000 $ $ 159,373 Wilson Park Landscape $ 8,000 $ $ 167,373 Nilson Park Light Panel $ 10,000 $ $ 177,373 Sr. Center Landscaping & Irr. $ 5,000 $ $ 182,373 Playground Equip $ 7,788 $ $ 190,161 Tofa[ added ~'o Rsv La $ 65,788 $ 9-30-2000 Tennis Ctr. lmprvs.* $ $ 31,270 $: 158,891 *(Comm. A;ppreved transfer to purchase radios) ' John based on my information these are the projects that were set up in Reserve. You will probably need to be ready to tell Kurt which projects you Have 'eliminated to free up funds for the Tennis Ctr. Impvs. And the proposed TranSfer to CIP to covet the Pence Park and Galaxy Park overages. From: Wildner, John Sent: Wednesday, October 24, 2001 12:29 PM To: Reese. Diane; Bressner, Kurt Cc: Sugerman, Dale; Hawkins. Wilfred Subject: RE: Removal of Pence Park Restrooms and Galaxy Park Dugouts from Commission Agenda Kurt - The odginal budget request for Pence Park Restreoms was for $65,000 to replace that facility. During the budget process this item was reduced to $30,000. The thinking was that we would be ab e to refurbish or use part of the existing buildi0g to reduce ~be ~costs.: Bcsed on analysis by the Engineering and Building Departments it was;de, t9~:~ined t~a~'~'fbrbis~ment was not f~asible, we debided to bid our, a r~ acemei3i,.~ .uit~ ng ,~p ~t~m~ ,h&actual c0$~s~%! T e or 'ne bud et re uest for Ga axy Park Dugouts was for $1 000?-by tt~e Recrea! p~ Department. This was only to put roofs on the existing;~tructures. TheEng~neenng,and Budding Departments. determ ned t~at ti~ s w~s hot feas b, b .d~e~{o ~n~e~h,at had been done~t;o the · . i ......... · ,: .-:: ~S~:;C' ,:;fe~ '[r~!i.<d. t,i~clOdedem~iifionand concrete slabs by tree roots ahd other p;mb e,. ~ ~, ~i;~.~ ~,;~ ~J~ ~ i. : - removal of the~concrete Slab& pla~~rs bench ale;aS.: - . . We recommend;that funding for tl~,ese,p~oJgqt~ ~9:~ld b~, ~qpple~,d-,fm~ th~ ~ar~ mnrnv~.rnen{ Rese~ ~Fu[3~ ~-~hl~j~t~.~e~ ~;th[s;li, S[ ~g~t~)~t,~eral years and have been ¢0 ]eted u,~d]~e[ these p~ ~s ~uld be el~a~d and r~sS[gned to the Pence Park R~tr~ and'~a~Y ~ark Dugouf~ProJe~s- ' Funds av~labie in 'oo1~o~o-2~r~-02 $158,891 LL Baseba[ F~e d, mprpv~ments Wi[son Pad~h~s~¢aP~ ~ ' Wilson Patk~L~ght Pad,~l ~ Sr Center La~lscap rL.q ~ ICrigation Playground.Equipment. ~, Boynton b~ ~r~ng~scepe of project reduced) Sub-total: '~" ' ~ ' Funds Re~ini~ '~ 25,954 8,000 10,000 5,o00 7,788: O' $71,742 $87,149 John The Par, ks ImPrqvement Reserve Fund was set up as a request from the Parks Dept. to reserv& dblla~s b~dgeted {or a particular project and the project could not be completed in +~,,, '~r i{ w~s b~d~eted.I Attached is aspreadsheet sh~wing what projects the monies ~;r~"~;s~rv~ for~-d what has been spent to date. Twice in the past Parks has requested to !use the funds for purposes other than what they were reserved for and both times commission has approved the expenses from the reserve funds. Budgeted in the Parks Dept. Budget in FY 2000/2001 was $30,000 for Pence Park Restreom replacements and $1,000 for Galaxy Park Dugout upgrade was budgeted in the Recreation Dept Both of these show on the CIP sheets. Pence Park is listed under Municioal Buildings and Galaxy is listed under Parks & Recreation. I have asked John [o let you know which projects he has eliminated to free up funding for the Pence Park and Galaxy Park Improvement overruns, << File: Parks Impv Rsv analysis.xls >> John- As you have seen, the City Manager has removed this item from the agenda of Nov. 6th. He has questioned the source of funding for both projects.-T see that you have outlined that the balance of the non- budgeted CIP funds are going to come from the Parks Improvement P. eserve in the General Fund and will be transferred info the clip fund. Is that method of funding allowed? Con only ol3proved CIP funds be used to pay for approved CIP activities? Can you please clarify that the source of funds for paying the difference on these two pro~ects is an approved source that the City Manager can sign off on? Thanks for following up on this item! D~le o-O-O corem ~ZZ , ~ .m. ,m' ~m L~m -D~> o.o .q 0 ~ ~ 0 o ~ N ~ ~ ~ ~ ~ 0 0 0 ~ ~ ~ Z ~0 ~0 oZ oz mgO: zz~, LU tLI ~ I~. ~..~ n'~ O0 O0 oo ~ n,''~ wo ,,,m~ O_IL ~ ~. oo~ MEMORANDUM TO: JANET PRAINITO DATE: CITY CLERK OCTOBER 17, 2001 FROM: KAREN T. RISELEY'/kb[~'~~/~ SUBJECT: oRIGINg~L DOCUMENT BUYER "PENCE PARK RESTROOMS PROJECT & G~AXY PARK DUGOUTS" BID #094-2413-01/KR Attached please find the original Contract for Newport Builders;Inc. A, copy has b(en:'sent to · . . ~ · ~ , ~ ~: ~ ,, . . Rosemane Lamanna ~n the C~ty Attorney s Office for the preparataon of:a l~esolutton~ ~his b~d is on the Commission Meeting Agenda for November 6, 20012 Thank you for your assistance, if yon have any question, please comacr me at 6322.1 /ktr Attachments cc: File ATTACHMEN~ A Automobile Liability Any Auto All Owned Autos Scheduled Autos ~A~os Non-Owaed Autos Pll~ Basic Intermodul City of Boynton Beach Risk Management Division INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City reqmres appropriate coverages listing the City of Boy~tou Beach as Additional Insured. This is done by providLng a Certificate of Insurance listing the City as "Certificate Hotder" and "The City of Boymon Beach is Additional Insured as respect to liability." Insurance compamesprovidmg insurance coverages mnsr have a current rating by A.M. Best Co. of"B+" or higher. FNOTE: An insurance contract or binder may be accepted as proof of insurance ff CertOffcate is provided upon selection of vendor.) The following is a iht of types of insurance required of contractors, lessees, etc.. and the lira/ts required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upou identified risk.) TYPE (Occurrence B used Only) MINIML2VI LIMITS REOUIRED General Liability General Aggregate $1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $1,000, D00.00 Owners & Contractur's Prot Personal & Adv. Injury $1,000,000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos ~Abatement Lead Paint Abatement Broad Form Vendors Premises ~Operations Undergromad Explosion & Collapse Products C~mpleted Operations Contractual Indepenc[ent Contractors Broad Fo?m Property Damage Fke ~L~_ _~ ~g~ Liability Builde~ s~isk (Limits based on Project Cost) Combined Single Limit $ 500,000.00 Bodily Injury (per person) to be determined Bodily Injury (per accident) to be deterrnmed Propervj Damage to be determined Trailer Interchange $ 50,000.00 Garage Liability Auto Only, Each Accident $1,000,000.00 Any Auto Other Than Auto Only $ I00,000.00 Garage Keepers Liability Each Accident $1,000,000.00 Aggregate $1,000,000.00 Excess Liability Each Occurrence m be determined Umbrella Form Aggregate to be determined Workers Compensation Statutory Limits Employers Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Other - As Risk Identified to be determined INS URANCEADVISORYFORM03 R~vised 01/2000 VI.-CONSENT AGENDA I'TEM C.1 RESOLUTION NO. ROI- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE TASK ORDER NO. lA BETWEEN THE CITY OF BOYNTON BEACH AND HARTMAN AND ASSOCIATES, INC., IN THE AMOUNT OF $109,865, FOR THE SAN CASTLE SUBDIVISION WATER SYSTEM IMPROVEMENTS PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Harm~an and Associates, Inc., was approved under one of the Utility task order contracts to provide professional engineering servmes for a ;'design/build" approach for the installation of approximately 13,000 linear feet of new water main and replacing approximately 1213 services; and WHEREAS, this Task Order will allow Harunan and Associates, Inc., to provide :onstmction plans and construction phase services for the San Castle Subdivision Water System Improvements Project; NOW, TWEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY O1~ BOYNTON BEACH, FLORIDA, THAT: Section 1~. The City Commission of the Ci~ of Boynton Beach, Florida does authorize and direct the Mayor and City Clerk to approve and execute Task Order lA for Hariman and Associates, Inc., in the amount of $109,865.00, for consumction construction phase services for the San Caste Subdivision Water System [mprovements projecT. 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 ATTEST: City Clerk (Corporate Seal) ca~eso~agreements\Consultant - Task Order IA Harmlan & Assoc. 112701 Requested Cit~ Commission Meeting Dates [] November 26 2001 December 4, 2001 [] December 18. 2001 [] January 2~ 2002 VT.-CONSENT AGENDA ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM QUEST FORM Date Final Form Must be Turned i!~ to City Clerk's Office November 7. 200 (5:00 p.m. November 21, 2001 {5:00 p.m.~ Requested City Comm/ssion _M..~eting Dates [-m Janual3 15, 2002 [] February 5. 2002 Date Final Form Must _b~ttrneqI in to City Clerk's O~ffice :;-' lanuary 3, 2002 (5:00 p~ January 16, 2002 (5:00 p.m.) DecemberS, 2001 (5:00p.m. [] Febraaryl9.2002 February 6. 2002 (5:00 p.m.) December 19, 200I 5:00 p.m.) [] March 5, 2002 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 Task Order No. iA with Hartman and Associates. Inc. for the construction plans and construction phase services in the mount of $109,865 for the San Castle Subdivision Water System Improvements project. EXPLANATION: Hartman and Associates, Inc. was approved under one of the Utility Dept task order contracts to provide professional engineering servmes for a "design/build" approach for the installation of approximately 13,000 linear feet of new water main and replacing approximately 120 services. This project was programmed as a designgouild to allow for greater field decision making and flexibility, of construction in this geographical area. This area was served by a private utility that went bankrupt and tamed over to the City by the Health Dept over 20 years ago. Since there was very little in terms of existing drawings and data on this area and the City did not participate in the original design it was felt that this approach would allow for the flexibility needed to quickly adjust to field conditions. At the time the original task order was negotiated the construction plans and construction phase services were not included since it was assumed that there would be better project definition once the preliminary design was completed and the actual construction management could be quantified. PROGRAM IMPACT: The construction phase services will include a construction plans phase, the actual construction period, resident project representative and miscellaneous expenses. These services will commence at the time of award of the construction contract and mn through the scheduled project period of 360 calendar days. S:~ULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM FISCAL~IMPACT: The cost of-this Task Order IA is $109,865 and funds are available in the Utility General Reserve account no. 403-5000-590~96~02 This project is: !iste~d in ~he C.I.P. book and assigned project number of WRT054. The comp~8'afion negotiated for thi~~ Task 'Order lA is based;ui~on the previously agreed rates set forth in the General EngineeriiagConsulting,Agreement dated 13 November, 2000 with Hartrman and Associates. Inc. ALTERNATIVES: Haman and recent experience in ¢ Manors in Broward County.: Hartman ks development development of the design recommended that the ~ phase workload problem underground conditions during constmcti0n. Departm0m Head's ~ature · project based upon their proven and a similar project for the City of Wilten knowledge and ability dur/ng the well as its assistane~e with. the , and complexity of:this ~roj~Ct it is the required construction present a significant unanticipated site and C~ty Manager's S~gnamre City Attorney/~Fmance / Human Resources S:XBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC pRINCIPALS: HARTMAN , INC. engineers, hydrogeoB)gists, slirveyors & management consultants September 2, 2001 HA1 #00-197.m2 Mr. Paul M. Fleming Senior Project Manager, Engineering City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton ]~each, FL 33425 Re: Task Order #lA San Castle Subdivision Water System Improvements - Construction Phase Service Dear Mr. Fleming: In accordance with Task Order #lA for Engineering Services relative to the referenced project, HA1 is pleased to provide a Scope of Services and Fee Schedule for providing Engineering Review and Resident Project Representation services for the design/build element of this project. Enclosed please find two (2) copies of Task Order #lA. Please execute one (1) copy and return it to this office for our records. We look forward to the continued opportunity of serving the City of Boymon Beach. Please do not hesitate to contact me, should you have any questions or comments regarding this proposal. OCT 6 Very truly yours, Hartman & Associates, Inc. Regional Manager Enclosures File: 00-197.m2 A 8211 WEST BROWARD BOULEVARD SUITE 530 ° PLANTATION. FL 33324 TELEPHONE (954) 236-3360 ' FAX (954) 236-5601 www. consulthai.com TITLE: TASK ORDER #lA DATE: October 4th, 2001 SAN CASTLE SUBDIVISION WATER SYSTEM IMPROVEMENTS CONSTRUCTION pHASE SERVICES II, BACKGROUND The City of Boynton Beach (City) has retained Hartman and Associates, Inc. (HA1) m prepare bidding documents to facilitate a Design/Build program for the preparation of c°nstmc~on documents and d0nStructi~n Of approximately 13,000 linea~' f~et ofnew water main and installati0n of ~pr0ximately 100 sery~ic~ connection~~ ':" ': '" ~' ask Order #1 provided a ~ope of ~mce~s, schedule a~d.~fq~s £o~ prpv~ing these services through bidding. Thi~ Task order shall pr0vide k ~s~P~;!~ ~r~s ~d fee proposal for services during the preparation of Plmas, permitting. anff 6~0ff i~hases of.the program. SCOPE OF SERVICES The following services shall be provided: A. Construction Plans Phase HA1 shall provide the following services: a. Attend a start-up meeting chaired by City. b. Attend three (3) monthly progress meetings chaired by City. c. Answer Contractor questions during this phase Of the work. d. Review and prepare comments for the Contractor's 50% submittal. e. Review and prepare comments for the Contractor's 90% submittal. f. Review UP to seven (7) pay requests during this phase of the work. g. Project management. B. Construction Phase I-IAI shall provide the following services: Attend pre-construction meeting chaired by City. b. Attend three (3) monthly progress meetings chaired by,City. c. Review seven (7) pay requests. d. Make three (3) periodic site inspections to assess that-the work is being performed in general conformance with the Construction Documents and City Standards. Attend up to two (2) meetings with City. f. Project management. MAO/jem/wordpmed2000/00-197.m2/T~kOrder~ 1A 1 of 3 9/10/0[ 2. Resident Project l~.epresemative Services (RP) a. Provide an on-site RPR for eight (8) hours per day, for a maximum of 1,000 man-hours, PROJECT SCHEDULE A. Construction Plans Phase Conduct start-up meeting within five (5) days of Notice to Proceed being issued to Contractor. Provide review comments back to Contractor within ten (10) working days of receipt of 50% submittal from Contractor. Provide review comments back to Contractor within ten (10) working days of receipt of 90% submittal from Contractor. Construction Phase Services are based on a 180 day Construction Schedule to final completion. Resident Project Representative based on a 180 day Construction Schedule to final 1. Services are completion. COIvlPENSATION A. Services for professional engineering fees are as follows: 1. Construction Plans Phase $20,200.00 2. Construction Phase 16,485.00 3. RPR Services 72,160.00 4. Miscellaneous Expenses 1,000.00 $109,865.00 Total Estimated Fee Services sball be billed based on actual time charged to the project and billed monthly. MAO0emhvordproc/2000/00-197.m2/TaskOrde~ 1A 2 of 3 9/10/01 APPROVED BY CITY OF BOYNTON BEACH, FLORIDA BY: Mayor Date Approved as to Form: City Attorney SUBMITTED BY HARTMAN & ASSOCIATES, INC. Vice President MAO/jem/wordproo2000/00-197.m2/TaskOrder~ 1A 3 of 3 9/10101 DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-234 TO: Bill Atkins, Assistant Director Finance/Procurement Agent S. Su erman Assistant Ci Manager THROUGH: Dale g , ty FROM: Paul Flenung, Senior Project Manage DATE: November 16, 2001 NOV ! 9 200! San Castle Subdivision Water System Improvements-Task Order lA (Construction Phase Services) Attached hereto please find the Agenda Item Request Form for the subject item. Background: The: San Castle Subdivision Water System Improvements Task Order No. 1 was previously approved by the Commission and signed by the Mayor on December 8, 2000. This Task Order, in the mount of $43,650, was limited to the preparation of design/build documents for the installation of approximately 13,000 linear feet of new water main and installation of approximately 120 service connections. The consultant, Hartman and Associates, Inc. (HAl) has successfully completed all of the required design documents to allow the City. to bid the project as a "design/build" construction package. Bids for this projec~t are due on November 20, 2001. Since the original task order with HAI did not engage their services for the construction plans phase and the construction phase services the Utility Department requested the Construction Services Division [CSD) to negotiate the appropriate level of services with the Consultant to assist the City through the detail design and construction period. Attached hereto is the final negotiated Consultant Task Order lA for these additional services. Scope of Services: Professional engineering services will be provided by Hartman and Associates, Inc. to include construction plans phase, the construction phase, resident project representation and miscellaneous expenses. Compensation: 1. Construction Plans Phase- $20,200.00 2. Construction Phase $16,485.00 3. RPR Sermces $72,160.00 4. Miscellaneous Expenses $ 1,000.00 Total Estimated Fee $109,865.00 This compensation is based upon the previously agreed upon rates set forth in the General Engineering Consulting Agreement dated 13 November, 2000 with Hartman and Associates, Inc. Justification for this Additional Fee: The original Task Order No. 1 negotiated with Hartman and Associates did not include prOfessiOnal se~ices to cover the~ detaiI design and construction phase of the project but only the preliminary design crilexia, routing scheme and specifications and standards to be used. Now that the project has moved to the Uddigg phase it is appropriate to include the p~fessloiaal services ~ecessarylo:~t~pport the constructi6ri plans and construction phases Intensive negotiat~0ns were co~n~tficte~:¢i~ti.the'C0rmultant over a period of several days and the total negotiated fee set forth above is c6nsld~red fair and reasonable and in accordance with the City estimat~ based upon the projected construction schedule. :,-' ~ ~ CHent Office Concurrence:, The;Deputy Directori Utility Dept, Robert Kenyon has reviewed this ~ee estimate and is in ~greement. Account Number Funds are available in the Utility General Reserve account no. 403-5000-590-96?2 This project is listed in the C.I.P. book and assigned pr0je~t nUmber of:WR2~05~ ' - - If you have any questions please contact Clem ~ttcher Contract Ad/niin' amr a~:t t~z~Ol CC: File Bob Kenyon Barb Conboy Clem Bucher PF/dg S:~Eng~neenngXEngineering Dept. Memorandum.doc VI.-CONSENT AGENDA ITEH C.2 CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested C~ty Commission Meetina Dates Date Final Form Must be Turned in to Ciw Clerk's Office [] November 20.2001 November 7. 2001 (5:00 p.m.) [] January 15. 2002 lanuary 3. 2002/5:00 p.m.i [] December4. 2001 November 21. 2001 (5:00 p.m.) [] Febraa~ 5. 2002 lanuar5 16. 2002 (5:00 p.mo [] December 18. 2001 December5.2001 (5:00p.m.) [] Febmaryl9.2002 Febm~. 6. 2002 (5:00 p.m.~ [] January 2. 2002 December 19. 2001 (5:00 p.m.1 [] March 5. 2002 Februa~ 20. 2002 (5:00 p.m.1 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 accept letter of credit no. ATL/P601403 from SunTrust Bank m the amount of $1,291,910200 as surety for the installation of the water agdsunitary sewer systems serving the project known as TUscany Bay. EXPLANATION: The developer of Tuscany Bay is cOnStructing a facility in the City of Boynton Beach Utilities service area that will require the extension of water and sewer tines 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 I?¥IPACT: None. FISCAL IMPACT: None / None. Surety is required for this platted subdivision Departr~ent Head's signature Utilities Deparlment Name City Attorney / Finance / Human Resources Xc: Peter Mazzella (w/copy of attachments) City Attorney " Finance Del>t, (w/original letter of credit & amendment) File (w/copy o~ attachments) S:\BULLETiN~FoRMS~AGENDA FI'EM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A LETTER OF CREDIT DATED NOVE1VIBER 6, 200,1 AME~ THERETO DATED, SEpTEIq~BE~ 12, 20Ol, S~T~D':FOR~ THE PRO:IEC~ KNOWN As rusc AZ, S.UN US'r (LETTER OF CREDIT NO] ATL/P601403) IN THE AMOUNT OF $1,291~910~00; AND ~R~O~IDING AN EFFECTWE DATE. WI-IEREAS, the City Commission of the City of Boynton Beach, upon 'ecommendation of staff, does hereby accept the above referenced Letter of Credit in the amount of $1,291,910:00 as surety for water and sewer systems to serve project known, as Tuscany Bay. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF rite CITY OF BOYNTON BEACtt, FLORIDA, TI:IAT: Section 1. The City. Commission of the City of Boynton Beach, Florida hereby ~pproves and accepts a Letter of Credit for the project known as Tuscany Bay, and issued by, SunTrust Bank (Letter of Credit No. ATL/P601403 in the amount of $1,291,910.00 as surety for water and sewer systems to serve the above prolect. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~.TTEST: City Clerk (Corporate Seal) day of December, 2001 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner SUNTRUST iRREVOCABLE ~- ..... CF O~ CREDVT NUMBER: ATL, ..... ~ DATE: ~-m-~-u~ .~AI~C~ ...... ~,~u-,, ~ ~ =~ .... nuu ....... : NOVEMBER S. ZOOi APPLiCANT~ CEXTEX HOMES Z7~8 N. HARW~m DALLAS; ~ FOR DSD NINK'fl OP~= zHOuSA~D NiNE HUNDRED ~m OF NOVEMBER OS~ Z00Z ~= EXFIRATiGN: PLACE OF ~P~RA.~, SEE ~-~ W5 HEREBY iSSUE IN YOUR FAVOR OUR iRREVOCABLE CREDIT NO. ATL/FB01%O3 IN YOUR FAVOR FOR ACCOUNT OF CENTEX .... ~u.,~E~ ~ FOR AMOUNT OR ..... ? ..... TO . ~ w,~ ~D 1.910.00 ONE .~Iuu~z~ Nu~ EXCEE=: ~ THE AGGREGATE w~' i.29 O0/iO0 U.S. DOLLAR8~ AVAILABLE. BY '~'~u~ DRAFTS. AToi~=~,~-~"~ ON ~u~.~T~u~ BANK AND ~AP~R~N= AT OU~ OFFICE SHOWN BELOW ~N S , 2002, FUNDS =~m~R THIS CREDIT ARE AVA~ BL= A~a~ol =uua DRAFT(S, ~O~u OUR ~R~u~ NUMBER, ~ iT ~m~ ..... bE=Tmx O~ CR~D7? tHAT Tr SHALL BE ~ A ~u.~iON OF THiS '' ..... . ..... uKm~D ~uzuKA~=a~ ~ND~D FuR I~ MONTHS FRuM THE PRm~T DR ANY ~TuR~ ~rlRA~lu~t DA~ H~R~O. UNLESS q0 DAYS PRIOR TO ~. ouC~ DATE ~ SHALL ~0TI. ~ ~uu HY BEGISTERED MAIn OR Cuu~IE~ THAT WE ELECT NOT TO ,~vn ~ THIS ~ m RENEWED FOR ANY SUCH ADDITIONAL PERIOD APPRGV~D PLANS FOR u~L~z~UCTION OF NE~u~..~D ~ ........ ~'~P~ ~' z?_~u,,~ .... PERMIT NO& ~o~7---~-- {HEREAFTER ArPROv~ SUNTRUST iRREVD[ABLE LETTER OF CREDIT ATL/PS014DOPAGE 2 BETWEEN CENTEX HOMES AS DEVELOPER, A~D THE CITY OF BOYNTON BEACH. FLORIDA, TO DEVELOP A SUEDtVISION TO RE KNOWN AS TUSCANY SAY ~BEREAFTEE "SUBDiViSiON~') AND TO CONSTRUCT AND iNSTALL THE REQUIRED iMPROVEMENTS PURSUANT TO THE TERMS OF THE PEEMiT AND APPROVED PLANS, T:HIS LETTER OF CREDIT, HOWEVER~ iS iNDEPENDENT OF SAiD APPROVED PERMIT AND REFERENCE HEREIN iS FOR INFORMATION ONLY, THIS ll~i'ii~,b AMOUNT OF ~u.,~ AVA=~n~LE UNDER ~w ..... STATED ABOVE MAY ~E ~,~.E~ 2~ THE CITY~" ~O~l~.~ BEACH BOYNTQN ~EACH. l~,~'~ Au~oR~aN~'~ WiTH THE RE~UiREMENT$ OF THE AGREE YHAT ~UCH ~:~u~N ~.AL~ N,~ BE E~T~%~ WNTt~ ~..~ .... mu, A WRITTEN AMENDMENT ~' THIS L~E~x ~ SUCH AM~KuMEhT $RALL REFERENCE TMIM ~E~E~ OF CRSEIT iS WELL AS THE PERMI7 NUMBER AND SUBDIVISION ~AMm= AS SET OUR AND THE ~W AMOUNT. FUNDS UNDER THiS LETTER DF CREDIT ARE AVAILABLE TO THE BY ITS AUTMO~tZE~ AGENT NA~D~%5~'~ Fg~ M-NfiuNIN~- ~U.. CR-D~T NO. A~/. 601403, WE ENGAGE WiTB, YOU THAT DR~FT.o~D~{ ~NBEE A~-5.~B W~.. THE TERMS OF THiS uRm~I~ WiLL BE DULY HONORED ON ATL-MC5706; ORLANDO, FLORIRA ~Z80l ~-n+~.,~ 0R BEFORE ..... za.~ EXPIRY THE ORIGIMA& LETTER OF CRaD'IT REQUIRED UNDER THiS CREDiT~ THE ~ETTER DF:.CR~DtT~'{~S ENF0[CEABLY;IN'g ~uR~- O~ ~ux. SDICTI,~.~ zN PALM BEACH COUNTY, FLORIDA, l.,z= ~Ez£ER OF CREDIT iS $=BuECT TO THE UNIFORM CgSTQMS AND PRACTICE FOR UO~UMENTAR~ CREDIT~ (I993 .... ~RNAT~.~A~ u,,AMB~R OF uOMMERCE P~B.~a.~ON ~Ou A~D TO THE LAWS OF THE STATE OF-FLORIDA. iN THE EYENT, OR. cONFLIuT T~E LAW~ OF THE ~TE ~ FLOR.DA PLEASE CREDIT TO THE SERVICE GROUF, ABOVE, ADDRESS ALL CORRESPONDENCE REGARDING TB S~ ~E~ OF a~*~N~I~., OF OUR LETHE OF CREDIT ~NiT,'T~ADE MENTIONING OUR RmmER~NC~ NUMRER AB ~T APPEARS CONTINUED ON NEXT PAGE iRREVOCABLE LETTER OF Requested City Comnfission [] Noverab~r 20, 2001 [] December 4, 2001 [] December 18, 2001 January 2. 2002 VI.-CONSENT AGENDA ITEM C.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned i_B to City Clerk's Office November 7, 2001 (5:00 p.n~) November 2I, 2001 (5:00 p.m.) December 5, 2001 (5:00 p.m.I December 19, 2001 5:00 p.m.) Requested City Comwassmn Meet~ne Daws [] January 15. 2002 ~] February 5. 2002 [] Febma~ 19,2002 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.) Februar) 20, 2002 (5:00 p.m.) NATLrRE OF AGENDA ITEM [] Adm/nistrative [] DevelopInent Plans [] Consent Agenda [] New Business E Public Hearing [] Legal --I Bids [] Unf'mishedBusiness [] Announcement [-~ Presentation [] City Managgr's Report RECOMMENDATION: To release cash bond of $2_420.00 to LCI Consu'uction of South Florida. Inc. EXPLANATION: " cr~ On May 18, 2001, the Building Div/sion sent to the Finance Depamnant a cash bond of $2.420.00 for the completion pennitted work at the Eckerds Drugstore = 3831 (301 N. Federal Highway). The work has been completed and the final~ Certificate of Completion has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Nonez~ D ep ar tme/m4te~.d' s'~/gn~t~e - Development Department Department Name City ~vlanager's Signature City Attorney Finance / Human Resources S 0B ULI~TINkFORMSKAGENDA ITEM REQUEST FOP. M,DOC RESOLUTION NO. RO I- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA, AUTHORIZING A FULL RELEASE OF CASH BOND TO LCI CONSTRUCTION OF SO~TH FLORIDA, INC., IN THE AMO~ 9[ .$2;420-90 FOR THE PRO!ECT KNOWN AS ECKERDg 'DRUGSTORE #383i; AND P~OvIDING FOR AN EFFECTIVE DATE. WHEREAS, LCI Construction, Inc., the developer for the project known as Eckerds )mgstore #3831, previonsly posted a cash bond in the amount of $2,420.00 for ,the completion of the permitted~wo~i~; ~and ' '~ WI-IEREAS, the Building Departmem of the City of Boynton Beach is satisfied with completion of the ~ork and the final Certificate of Occupancy has been issued. NOW, THEREFORE, BE IT RESOLVED'BY ~.THE CITY COMMISSION.OF rilE CITY,OF BO~NTON BEACH, FLORIDA, THAT: S~on 1. The City Commission of the Ci~ of Boynton Beach, Florida, upon the · ecommendation of staff, hereby approves the release of the cash bond in the amount of ~2,420.00 to LCI Construction, 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: 2ity Clerk :cah~.esokLet~r of Credit/Cash Bond Release -LCI Construction DEPARTMENT OF DEVELOPMENT BUILDING DMSION' MEMORANDUM NO. 01-237 TO: FROM: DATE: RE: Diane Reese. Finance Director Don Jotmson. Building Official November 5, 2001 RETURN OF CAStt BOND -,- ECKERDS DRUGSTORE - 301 N. FEDERAL ItlGIt~VAY On May 18, 2001, we sent you a memo (copy attached) regarding a cash bond of $2,420.00 for the completion of the permitted work at the above address. The work has been completed and the final Certificate of Occupancy has been issued. Therefore, please remm the bond to LCI Construction of S. Florida, Inc. Attached is a Direct Payment Requisition. DJ:rs Attachments XC: Timothy K. Large, Building Code Administrator Permit file # 00-0604 J:XSHRDATA\Development~Building Div~DocumentsWlcmos in WordX, P.¢tum of Cash Bond-Eckerds Drugstore.doc DIRECT PAYMENT REQUISITION PLEASE RETURN CHECK TO RUTH SCIRI~ IN BUILDING DIV. Please issue a check in the amount of $ 2,420.00 To: LCl Construction of S. Florida, Inc. 1226 Omar Road For: West Palm Beach, FL 33405 Return of cash bond for t, he completion of permitted work a~ Eckerds Drugstore #3831 ~he f/nal C.O~ has be~n issued. · ' '~- ~ Requested by Depar[ment of Development Date November 5. 2001 Approvals: Section Admin...~n Johns~-i Finance Dept. City Manager ru~ulUb~l tBASICI ELE IOBJ AMOUNT 001 0000 220 99 I 00 2,420.0r 2,420.00 rs Attachment/copy of memo #'s 01-106 and 01-237 J:\SHRDATA\Development~BuildinG Div\Doc~ments\121 Forms\Cash BOnd Return-Eckerds Drugstore #3831.doc LCI Construction General Contractors of S. Fl. Inc. 1226 Omar Road West: Palm Beach FI. 561 .-6.~9-51 ! I E-Mail .Kin-st '~'al'a November 1, 2001 City of Boynton Beach - Building Division t00 E. Boynton Beach Blvd. PO Box 310 Boynuon Beach, FL 33425 Attn: Don Johnson Re: Refund for Eckerds ~3831 Completion Bond Dear Mr. Johnson: On May 16, 2001 we provided a cashiers check payable to the City of Boynnon Beach for refundable completion bond for TCO in the aunoun= of $2,420.00. The Drojec= was the Eckerd Store 93831 located au 301 N. Federal Highway. We have been advised to request refund in writing To your attention so that it may be brought forward to the commission to cut the check. Please accep~ this as our written request for reimbursement of completion bond in the amount of $2,420.00. If you have any quesutons or need additional =nfogTaa~ion, please call me at (561) 6~9-5Ill, Sincerely, L. C~. / ~ST~CT ION OF SO, H.' RI , INC. DaVid W. Ackner President ex~. 202. DWA/kp Eno1 DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 01-106 TO: FROM: DATE: SUBJECT: DianeRee~e. Finance Director .D~n~Johnson, B~ilding Official~,(~ May 18, 200t CASH BOND - Eckerds Drugstore - 301 N. Federal Highway Attached is ~ check for $2,420.00 fi.om LCI Construction. This is a cash surety for the Eckerds Drugstore and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 3'0 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be retm'ned. DJ:rs Attachments/letter from Jay M. Huebner & check XC: Timothy K. Large, Building Code Administrator Permit File # 00-0604 J:~qHRDATA\Development\Build[ng Div\Document~\Memos tn Word\Cash Bond - Eckard Drugstore.doc Requested CiW Comrmsston Meeting Dat~ November 20, 2001 [] December 4. 2001 [] December 18. 2001 [] January 2. 2002 VI,-CONSENT AGENDA ITEM C.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.) November21 2001 (5:00p.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 r'~ March 5, 2002 Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 (5:00p.m.) January 16, 2002 (5:00 p~m.) February 6, 2002 (5:00 p.m0 February 20, 2002 (5:00 p.rm) NATURE OF AGENDA ITEM r--l~ Administrative [] Devel6pment Plans ~ ..~_~ [] Consent Agenda [] New Bus/ness :~ -- -: r-'l~ Publ/c Hearing [] Legal ~-~ -, ~ [] Bids [] Unfinished Bus/ness ~.~ 2 ~ [] Announcement [] PresentaUon -',o ~:_ [] City Manager's Report '~ ~{D RECOMMENDATION: To release cash bond of $33,000.00 to BAPS Developmem, Inc. EXPLANATION: On August 9, 2001, the Building Division sent to the F/hence Deparm~nt a cash bond of $33,000.00 for the completion of the permitted work at the BAPS Temple (541 S.E. 18t~ Avenue). The work has been completed and the final Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None Development Deparrmem Department Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQLrEST FORM.DOC RESOLUTION NO. R01- A p.~SOLUT~ON 'OF :mE~ q~V¥ COM~SS~ON OF THE crr¥ OF BOy~T°N B~aCfl, ~Om~ Au~o~6 A ~L ~LEASE OF CASH BO~ TO B~S DEVELOP~NT, ~C., ~ T~ ~O~T OF $33,000.00 FOR ~ PROJECT ~O~. AS ~S ,TE~LE; ~ PROVinG FOR ~ EFFEC~ DA%E. WHE~$ B~S Developmenk ~c., ~edeveloper for ~e project ~o~ ~ B~S I ITemple, We~ously posted a cash bona-in the ,~o~t ,°f $~3;000.00 f°r ~e c°mpleti°n °f ~e lpemi~ed work; ~d the ~ompleti0n of~e work ~d ~e f~l C~m~at~ ot o~oup~yn~ ~ · NOW, T~FO~, BE IT ~SOL~;BY T~ CI~ CO~SSION OF tHE CITY OF BOY.TON BEACH, ~O~DA, THAT: S~on 1~ Th~ CiW Co~ssion of ~o qiW of ~ton B~a~h, Flofi~ upon ~ r~o~ndation of staff, hereby approves the rele~e of ~ ~h bond in ~ ~o~t of $33,000.00 to B~S T~mpl~, ~. S~fion 2. That ~s R~solution shall b~om~ eff~tiv~ ~diat~ly upon p~sag~. PASSED ~ ~OPTED ~s ~ day of D~omber, 2001. C~Y OF BORON BEACH, FLORA Mayor Vice Mayor Commissioner Commissioner -- Commismoner CI~Tk Bond Release -HAPS TO: FROM: DATE: RE: DEPARTMENT OF DEVELOPMENT BUILDING DMSION MEMORANDUM NO. 01-248 Diane Reese, Finance D/rector Don Johnson, Building Official November 19, 2001 RETURN OF CASH BOND - BAPS TEMPLE - 541 S.E. 18~ AVENUE On August 9, 2001, we sent you a memo (copy attached) regarding a cash bond of $33,000.00 for the completion of the permitted work at the above address. The work has been completed and the final Certificate of Occupancy has been issued. Therefore, please return the bond to BAPS Development, Inc. Attached is a Direct Payment Requisition. DJ:rs Attachments XC: Timothy K. Large, Building Code Administrator Permit file # 00-1248 S:~DEVELOPMENT%!gUILDiNG DIV'uDOCUMENTShMEMos l~q WORD,RETURN OF CASH BOND-BAPS TEMPLE.DOC 5450 G~/ffiu Road, Davie, FI. Florida License No: AA-0003186 Tel: 954-581-4784 & 584-6880 Fax:954-S84-2862 E.mail:pADesig~ ~man.eom P A Design Group, Inc. Architecture - Design ~ Planning - Evaluation November 9, 2001 City of Boynton Beach Building Department 100 E. Boynton Beach Blvd Boynton Beach, F1 33425-0310 A~: Building Official Re: BAPS Temple 541 SE 1'8* Avenue. Boynton Beach, F1 33425-0310 Permit No: 60~248 Dear Sir, This is to certify that all the punch list items related to this project as stated on our letter dated Augast 7, 2001 has been completed. Please release the bond to the owner. Should you have any questions regarding the above, or you need additional information, please contact this office. Sincerely, Architecture, the essence oJ art and science in harmony Requested City Commission Meeting Dates [] November 20. 2001 [] December 4. 2001 December 18. 2001 [] Janumy 2,2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOI Date Final Form Must be Turned in to City Clerk's Office November 7. 2001 (5:00 p.m.) Noveraber 2L 2001 rS:00 p.m.) December 5. 2001 (5:00 p.m.) December 19, 200I (5:00 p.m.) Requested City Commission Meeting Dates [] January 15.2002 [] February 5, 2002 February i9. 2002 March 5, 2002 VI.-CONSENT AGENDA ITEM C.5. 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 [] Unfinished Business ~ Announcement ~ Presentation [] City Manager's Report RECOMMENDATION: Motion to approve full release of cash surety to EB Developers, Inc., in the amount og~ ~ $13.600 for the water and sewer systems serving the project known as the Belmont. .~. 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 d'/s Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Peter Mazzella (w/attachment) Finance Dept. City Attorney File 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 FULL RELEASE OF CASH SURETY TO EB DEVELOPERS; INC., IN-:~' <A2~O~T. OF $;13,600:00; AND:PRbVIDING FOR AN Ei~EcT~ DATE. WHEREAS, EB Developers, Inc., the developer for the project known as Belmont, ~reviously posted a cash:surety in the. amount~ Of $13~600:00 for the water and sanitary sewer Iystem; and / . ~ttEREAS the Utility Departmen.t ~ the ~i~y q£ Boynton Beach is satis~ed .~ith ] he c°mt~lefion ofthe wo~-k,~d'the ~stems' iaa~e b~n'~r~Sferred to the Cityfor o~erStiip, BE iT RESOLVED BY THE CITY COMMISSION OF [ BEACH, FLO~gDA, THAT: The City Commission ~f the City of Boymon Beach, Florida, upon the hereby approves the release of the cash surety in the amount of ,600.00, to EB Developers, Inc. Section 2. .' That this Resolutionshall become effective immediately upon passage. PASSED AND ADOPTED this day of December, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner kTTEST: City Clerk :ea/ResolLetter of Credit/Cash Surety Release -BB Development MEZ~IOR~-DUM UTILITIES DEPARTMENT TO: FROM: DATE: Diane Reese, Finance Director John A. Guidry, Utiliti0s Director Sta CT: Su ety/Ve tr n ttaI - / LETTER OF CREDIT: Bank- CASH BOND Check no. ADMtN./INSPECTION FEE: Check no. Amount $ Amount Amount Water $ Amount Sewer $ Total $ SEWER TELEVISING FEE: (@ $1.75/L.F.) Check no. Based on L.F. Amount COST DOCUMENTATION: En~neer's Estimate Copy of Contract Other Please refer any questions on this matter to Peter Mazzella of this office.: Attachment JAG/PVM bc: Peter Mazzella xc: File pIRECT PAYMBNT REQUISITION Please issue a check in the amount of $ 13,600.00 To: EB Develo e2.~, inc' 7025~ Suite 107 Boca Rator._, FL 33_43_3 Full release of cash sure-' to EB Develo ers, Inc. for, roject_known as the Belmont Commission Approved: Requested by Approvals: Peter Mazzella. Assistant to the Director Date November 26, 2001 Dept. Head Finance Dept. CityManager 401 0000 220 99 00 13,600.00 $13,600.0( Requesmd CiW Comn~ssion Meehn~ Dates '-~ November 2C. 2001 [] December 4. 2001 [] December 18, 2001 [] Janumy 2, 2002 VI.-CONSENT AGENDA ' TEM D.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Tttraed in to City Clerk's Office November 7. 200l (5:00 p.m.) November 2I. 2001 (5:00 p.m.) December 5. 20ffi (5:00p.m.) December 19, 2001 15:00 p.m.) Requested City Commission Meetin~ Dates [] Januar3 15,2002 [~ February 5. 2002 '--1 Eebmary 19, 2002 '~ March 5. 2002 Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 (5:00 p.m. January 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] gdministrative ['- Development Plans [] Consem Agenda [] New Business [-- Public Heating --1 Legal [] Bids --] Unfinished Business --] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the December 4, 2001 City Cormmssion Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote. recommended that the subject request be approved subject to all comments included th Extfibit 'X2" - Conditions of Approval. For further details pertaining to the request, see attached Department of Development MemorandumNo. PZ 01-251. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: CALVARY CHAPEL OF BOYNTONBEACIt James Barretta Calvary Chapel of Boynton Beach 3190 Hypoluxc Road Request for site plan approval for the fast phase of a 21,250 square foot Church - School Campus to include the sanctuary, class rooms, daycare center and related site [rnprovemants on 8.84-acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A pevelop'~e~'De~a~anent~Dire~etor City M~ag~'s Si~e Planning ~d Zo~g D~ctor Ci~ ARomey / F~ce / gm Reso~ces s :~l~ning~DX~RO JECTSXCalva~ Chapel Boston Beach~WSP~g~ It~ Request C~ C~peI.~SP 124-0Ldot S :~BULLETiNWORMSXAGENDA ITEM REQUEST FORM.DOC DEPARTMENT NO. PZ 01- 251 SITE. PLAN REVIEW STAFF REPORT PLANNING AND DEVEEoPMENT BOARD AND CITY COMMISSION November 13, 2001 DESCRIP~ON OP PROJECT Project Name/No.: Calvary Chapel / NWSP 01- 011 Property Owner: Calvary Chapel Boynton Beach ApplicantJAgent: James T. Barretta Location: 3190 Hypoluxo Road Current Land Use/Zoning: Palm Beach County High Density Residential HR-8 / Agricultural Residential (AR) Proposed Land Use/Zoning: Moderate Density Residential (MoDR) / Planned Unit Development (PUD) Type of Use: Place of worship Project size: Site Area: Phase I Building Area: Total Building Area: Lot Coverage: 8.84 acres 21,250 square feet 85,250 square feet 1.09 acres / 12.32% Adjacent Uses: (see Exhibit "A" - Location Map) North L.W.D.D. L-18 Canal, farther north Hypoluxo Road right-of-way, and residentia~ property outside city limits: South Single family homes zoned PUD: East Single family homes zoned PUD; West Elementary school M-97 (under construction); Proposal: James Barretta, agent for Calvary Chapel Boynton Beach proposes to relocate their existing place of worship from 211 South Federal Highway and construct a 21,250 square foot church with accessory daycare on the subject property (see Exhibit "B' - Proposed Site Plan). Currently, this vacant 8.84-acre parcel is outside the City limits, This site plan request is being processed concurrent with annexation (ANEX 01-004) and lano-use amendment / rezoning applications (LUAR 01-007). The requested zoning.change from County Agricultural Residential (AR) to Planned Unit Bevelopment (PUD~ would allow for the daycare as a permitted use. unlike other residential zoning distribts where they are allowed as conditional uses. The church / daycare is the first phase of a four (4) phase project. The second, third, and fourth phases consist of constructing a 30,000 square foot private school a 9,000 {quare foot gymnasium / athletic courts, a 48 bed Congregate Living Facility (CLF), and a 250-seat expansion to the church facility. However, phases two (2) through four (4) will require separa[e site plan approvals, subject to Planning & Development Board and City Commission reviews. This site plan application includes the Master Plan. The Master Ptan shows all four (4.) phases; however only Phase I is being reviewed for site plan approval. A Master Plan is required when rezomng property to PUD. -- Site Characteristics: The subject property is one (1) rectangular-shaped vacant parcel totaling 8.84 acres. It is bounded on three (3) sides by residential and institutional uses. Presently, the subject site is mainly covered by Iow-lying vegetation. The majority of plants and trees that may have existed Page 2 Calvary Chape! - Site :Pla'~q_Staff R~r[ Memorandum No. ~°Z 0~- 25~1 Drainage- Driveways: Parking Facility: '.andscaping: during:~preliminary Geotechnical exploration have been removed. According to the July 2001 Geoteol'~cal report by Nutting Engineers of Florida, the remaining vegetation includes Ficus, Citr:us,~G~k, Holly, and severa types of palm trees. A few dense areas of mango tre~s are still p~esen~the ~0r[heast of the property, however, the Vast majority of the property is accessible. ~'he~areas of the subject property contain some debris and garbage and are covered with lew~t~.~ .,~egetation and vines. Currently the northernmost portion of the property is inundated ~ w~ from a.finger of the L-18 Canal. In addition 'seVerAl pounds ave present throughout the si~e. T~er~rger pond exists to the north of the property, and base~ On construction plans will nee~e~ f I ed in for the proposed park ng et and r'oad~vay. Ahother pond five (5) to seven (7) feet,~in,~th exists to the southeast of the property. The Soil Survey Map for Paim Beach C°ua~.~s referenced as part of the geotechnical exploration for th[~ project. These maps [e,zeate~ that at the time the survey was conducted," the Soils 'were described as mainly censJ~of Basinger Fine Sand; a nearly eve poory dra ned soil in Iow broad fiats ane poorly t~efine~i~ainageways. ~.~raffic statement for this project was submitted and sen: to the Palm Beach County "gi-affic Division for the r review and approval The Palm Beach County Traffic Division ~s determined that the project meets the Traffic Performance Standards of Pa m Beach ~ounty. However, the Division recommended exclusive left and right-turn lanes are to be ~vid~d (in cases where there are no ex st ng turn anes) at the project access driveway. ~ey also recommended safety measures be implemented to accommodate project · affic exiting the project access driveway. LConceptual drainage information was provided for the City's review. The City's ,~encurrency ordinance requires drainage certificat on at time of site plan approval. The ~gineedng Division is recommending that the review of specific drainage s01utions be ,~s, ferred until time of permit review, when more complete engineering oocuments are ~quired. Pmse,,~, at the northern portion of the site. an off-site bridge nine (9) feet in width traverses the L-~18:C~mal from Hypoluxo Road onto the subject property. AS part of this site plan approval, the en~an~wiil be improved and widened to 45 feet. A landscaped median nine (9) feet in width is PrO~. in the center of this entranceway to direct incoming and outgoing vehicular traffic to ~nd .~f~ Hypoluxo Road. n order to construct the proposed bridge across the canal onto I~t~l~ Road, this project must obtain authorization from all applicable permitting agencies pti~issuance of any building permits (see Exhibit "C"- Conditions of Approval). A~totaL~ 165 parking spaces are required for the proposed Phase f church / daycare use based on :the~tio of one (1) parking space per four (4) seats in the sanctuary, one (1) space per 100 squarefeet of youth meeting room, one (1) space per 500 square feet of classroom area, and o,~ (,l~pace per 300 square feet of church offce. The site plan indicates 179 parking spaces witt,~b~p~vided including s x (6) spaces set aside for handicap parking. The daycare will operate du~ ~e week and will utilize the spaces that have been provided for the church. Grass parging~ill be provided aroun~ the lake area as a means to minimize impervious surfaces. Eech~ndard parking space wilt be dimensioned nine (9) feet by 18 feet and handicap spaces w~ be ;~.least t~velve feet in width by 18 feet in length with five (5) feet of striping. The backup dista~for these parking spaces will be 27 feet. Each row of parl~ing; except grass parking, will conte~,terior and terminal landscaped islands at Ieast six (6} feet in width. T~e ~scaping of the site will fully meet code requirements when staff comments are i, nco~ted. The proposed pervious area is 4.741 acres or 53.62% of the total site. Water area w~lt.aoc~mnt for over 50% of this pervious area and almost 21% of the total site. Page 3 Ca[vary Chapel - Site Plan Staff Repor~ Memorandum No. PZ 01- 251 The front landscape buffer, along Hypoluxo Road, coincides with a 35-foot Florida Power & [ (FP&L) easement. All landscaping proposed in this easement would be compliant with the FP&L Fire Cracker. · The canal runs~ f ~st n~ trow pointl property to the north from this,. The east land~sqape buffer Wi!! pre. serve an abund,a?var ety o¢ exj'sting vegetation. A row of Live: Oak trees-are :p~gpeSed n~ar thbl ;entrance t0 fuji'erich as a buffe¢ between the project's m~in dr vea s e and th~ 'ex st ng re. side~tiai~neighbo~'hdod to -the east. The project's i.n, terior:landsqapin~w, ill contain a variety of shade trees and shrub plantings. The interior pa~ing a:rea witl c0r~t~in;~i,~.eoak, BeastyLeaf, and Royal Poinciana trees. Each row of parking Wiil ;~e:t~rmi~ated ~/i~h a)¢hdscaped island, which ,wiJl contain one of these species of ~;hade :tree~.: in; defefen~ tO sia~s' recommendation, the sodded strips in between rows of ab~tt nb ~90-d~e~ree darl~in¢;spac~s ~ve beeh iecrease~ to,at least five (~) feet in width in order to acc0'~m~8~ff a igr' e,a;~eri~ehi~,l~ai ~verhsng. a~ea: Pink Tabebuia trees are proposed inside the courtyard be~ebn the SAnc~ua~r~ and the .daybare The dumpster encIosure will have a row of Ixora Grant shy'ubs on all three (3) sides. Building and Site: Bu Iding and'site~ regulations will be fully met when staff comments are ~ncorporated into permit drawidgs.; Community Design: The proposed buildings will be one-(l) stow high. The proposed development has selected Coastal Poi~7~ SW#2053 (light yellow) by Sherwin Williams as the predominant wail color. The base Color~ ~vhioh includes the location of doors and windows will be painted Beach House SW#205~ (tan) by.Sherwin Williams The doors and windows wit have Bronze Tinted Glass with white aluminum ~rames. The bud ~g Will have a flat roof and the highest part of the bud ng w il stand 33 feet- 9inches tall. Most of the building, however, will be 17 feet in height and have two (2) inch score lines. Signage: No wall signs are proposed, One (1) monument sign is proposed at the project entrance. The monument sign will be six (6) feet in height and painted Beach House S~gC205f (tan) by Sherwin Williams. The monument's sign area will be 32 square, feet. The actual words "Calvary Chapel" w conta n 17 nCch b ack co ored letters. Three (3) directional signs are proposed, however, at this time Only dife~ ctional sign' "1" Will be allowed during this phase of the project (see Exhibit "C' - Conditions of Al:~provat). The proposed directional signs are allowed to be up to five (5) feet in height with a signage face of net mere than four (4-) square feet in area. RECOMMENDATION: Staff recommends that this site plan request be approved contingent upon the approval of the annexation and land us,e, / rezomng requests Staff also recommends approval of the s te plan subject to all comments ~ncluded ~n Exhibit C Conditions of Approval. The Technical' Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans s~ubmitted for building permit. xc: Central File \\C H~dAINSSH~A~A~Iann/ng~D\WP~PRO.VECTS~Calvary Chapel Bo3mton BeachhNWSPXstaffrePort.d~c LOCATION M~P CalVary Chapel of Boynton Beach EXHIBIT A EXHIBIT'"B* i ..~..c~.,,,.! Barretta & Associates [I Colvc~ry C, ~pel Boyn~on Beoch ~it,~cturel~,...D~s,,,,~Planning ] Calv(]ry ChaDeJ Boyn~on Beaeh Barretta & Associates Planning Design EXHIBIT "B;' EXHIBIT "B" Ii' i ,,,,~o.,~c.,,,,.,,~. Barretta &Associates Li~ Co vary Chapel Boynton Beach Piannin§ I "~N¥O EXHIBIT "Bt' EXHIBIT "B" Z Z EXHIBIT '~B"-' ~-il, II ill pj AR:OHITECTS( ~ ENGINEERS EXHIBIT "B" ARCHITECTS &: ENGINEERS EXHIBIT ARCHITECTS &: ENGINEERS DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Calvary Chapel of Boynton Beach APPLICANT'S AGENT: James Barretta APPLICANT'S ADDRESS: 5484 Woodland Drive, Delray Beach, FL 33484 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 4, 2001 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: 3190 Hypoluxo Road DRAWING(S): SEE EXHIBIT "B~' ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynten Beach. F-!orida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board. which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of B0ynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sough~ 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 paragraph 3 hereof. DENIED 5. 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:~Olanning\SHARED\WFSPROJECTS\Calvary Chapel Boynton Beach~NWSP\Develop,Order Form-2001-Revised.doc Conditions of Approval Project name: Calvary Chapel File number: NWSP 01-010 Reference: 2nd re'new plans identffied as NWSP 01.-010 with a Plann/ng & Zoning:date stump marki.'ng of, Oct°ber 23.2001. DEPARTMENTS , INCLUDE REJECT PUBLIC WORKS - General Coiim~ents: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X Fn~E Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 1. Modify the proposed lake and typical sections to show an 8:1 slope with the X lake maintenance easement and a 4:1 slope from the easement m 2 (two) ff. below the water control elevation (LDK, Chapter 6, Article IV, Section 5.B.2.d). 2. Provide an irrigation plan in conformance with the LDR, Chapter 7.5, Article X II, Section 5. 3. Proof of other agency permits shall be requ/red prior to the issuance of the X paving and drainage permit. BUILDING DIVISION Comments: ~,onchtions of Approval DEPARTMENTS . INCLUDE REJECT 4. At time of permit review, submit signed and sealed working drawings of the X proposed construction. ' : 5. At time of permit review, subm/t a copy of the recorded resdlution that X verifies the abandonment of the I~PL easement located in the middle of the subject property. 6. Addto the submittal apartial elevation view drawing of the proposed X perimeter fence. Identify ~be 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 suppo~rts are below finish g~ade and the height that the fence is above finish grade. The locatiOn and height of the fence shall compl7 with the fence regulations specified in-the Zoning Code. 7. At the time of permit reviewS' submit for review an addressing plan fer the X project. PARKS AND RECREATION X Comments: None FORESTER/ENVIRONMENTALIST . Comments: 8. Trees with roots known to cause damage to public roadways or othcr public X works, such as Strangler 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 Comments: 9. The project is being reviewed as a Master Plan and Phase I site plan only. X 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 X project must obtain authorization from all applicable perrmtting agencies prior to the issuance of anybuilding pen'nits In addition provide documentation such as an access easement, that the site has legal ingress/egress from HTpoluxo Road. 11. The landscape plan shall include the following notes, "FDOT Type D or F X curb ~ha 1 be provided along the perimeter of all landscape islands". DEPARTMENTS INCLUDE RtiJECT 12. Indicate the distanee the monument sign will be from the property line. The X monument sign must be at least 10 feet from the property line. 1 3. The directional signs 35?2 and #3 shall be installed during phase 2 and ~ X. subse~uant l~iaases 0fthe Master Plan. 14. In the tabular data on the Master Plan, eliminate entry 5.g. (other pervious X area- 0 acres). 15. On the Master Plan, correct the total number of required parking spaces in the X tabular format ~for the yo3xth meetingroom so that :the,tabular numbee matches · the ~umber of required parking sPaces~ shown once plan. ' . 16. On the Master Plan tabular data, the setback information must match the graphic Iepresentation. 17. Sculptures, founta'ms, gardens, pools; and benches:shall be encouraged within X the site design (Chapter 9, Section 10. H.). 18. All above ground mechanical equipment such as exterior utility boxes, X meters, and transformers shall be visually screened (Chapter 9, Section 19. The proposed monument si$~ shall clearly indicate the site address. X 20. Palm Beach County Traffic Division recommends exclusive left and fight- X mm lanes are to be provided (in cases where there are no ex/sting mm lanes) at the project access driveway. 21. Palm Beach County Traffic Division recommends safety measures be X implemented to accoumxodate project traffic ex/ting the project access driveway. ADDITIONAL pLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 22. NONE X ADDITIONAL CITY COMMISSION CONDITIONS Cornments: 23. To be determined. k\CHkMAINkSHRDATA~Planning~SHARED WPkPRO.IECTS\Calvary Chapel Boynton Beael~kNWSP\Condition of Approval 2 page revised 2001 form.doc Requested City Commission Meefin~ Dates [] November 20, 2001 [] Dec~mber 4, 2001 [] December 18,2001 [] January 2. 2002 VL-CONSENT AGENDA 1TEM E.1 CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FOI w Date Final Form Must be Turned in to City Clerk's Office November 7, 2001 [5:00 p.m3 November 21, 2001 (5:00 p.m.) Deceraber 5. 2001 (5:00 p.m.) December 19. 2001 (5:00 p.r~/ Requested City Commission Mectin~ Dates [] JanuaE/15. 2002 [] February 5. 2002 [] February 19, 2002 [] March 5, 2002 Date Final Form Must be Turned in to C~w Clerk's Office January 3, 2002 (5:00 p.m. ~ January 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) FebruaD 20, 2002 (5:00 p.m.) NATURE OF AGENDA[TEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UmSnished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please maintain this request on the December 4, 2001 City comn~ssion Agenda under Consent Agenda, noting that the itemhas been tabled to the December 18. 2001 meeting. This item along with the accompanying Land Use Amendment and rezoning item, is being tabled at the request of the Community Redevelopment Agency Board and applicant, to allow time for the applicant to 1) resolve the water utility issue involving those adjacent residents serviced by a well located on the subject property; 2) identify on the plan the fight-of-my details and ownerstnp stares of Bamboo Lane; and 3) enhance the north, south, and west elevations of the westernmost building m include architectural accents, details, etc. that more closely match elements proposed on the front elevations, prior to reconsidering the site plan at its December 11. 2001 meeting. For further details pertsining to this request see attached Deparunent of Developmant Memorandum No. PZ 01-242. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: DAKOTA LOFTS H. P. Torapkins Chart's Enterprises 3010 S. Federal Highway Request for Site Plan approval to consu'uct 19 multifamily town homes, recrealion area, and related site improvamenrs on two (2) acres. PROGRAM I1VIPACT: N/A FISCAL IMPACT:~. ~ N/A Dc3~elo~'~ent Department D~rector planning and Zoning Direc~(r City Attorney / Finance Haman Resources S:kPlanningiS HARED\WPkPRO JECTSkDAKOTA LOFTSKNrwsP 01-010kAgenda Item Request Dakota Lofts NWSP I24-01.dot City Manager's Signature S:~BULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC Requested C~ty Commission Meet/n~ Dates [] November 20. 2001 [J~ December q, 2001 [] December 18.2001 [] January 2. 2002 VI.-CONSENT AGENDA ITEM F. CITY OF BO3FNTON BEACH AGENDA ITEM REQUEST FORIvl Date Final Form Must be Turned in to City Cl~rk's Office November 7~ 2001 (5:00 pxn. i November 21.2001 (5:00 p.ra,) December 5, 2001 (5:00 p.m.) December t9, 2001 (5:00 p.m.) Requested City Commission Meeting D~es [] January t5. 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 p.rn.) 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 [] Coment Agenda [] New Business [] Pubhc Hearing [] Legal ~ Bids [] Umemished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: With the completion of the Heart of Boynton Redevelopment Plan. the Neighborhood Project Specialist would like to continue the public education and participation process by approving implementation of an education and training program with the Institute of Cultural Affairs to begin implementation of a citizen's neighborhood acadamy. The focus on capacity building is proposed to set in place a lasting, permanen~ positive neighborhood process designed to impower residents m mammize their role as stakeholders in the commumty. EXPLANATION: The Heart of Boynton Redevelopment Plan constitutes a partial update of the existing 1983 CRA Redevelopment Plan. The Plan reviews land uses and development standards for the area bounded by the C-16 canal on the north, FEC railroad on the east, third street on the south and Interstate 95 on the west and is intended to: (1) guide public and private investment within the neighborhoods identified in the plan, (2) ensure that future development is aimed at improving the lim'bility and comraunity building process and potential within the area, and (3) ensure that future development in the Heart of Boymon area is cons/stent with the overall needs of the city. Development of the Neighborhood Academy further solidifies the public participation process, insures the continued involvement of ms/dents and develops the needed parmersh/ps that work to the city's benefit as we urganiTe the neighborhoods identified in the plan. PROGRAM IMPACT: Staff is prepared to hnmediately begin the implementation of the Neighborhood Academy process to begin implementing relevent sections of Phase 1 of the Heart of Boynton Neighborhood Redevelopment Plan. The Institute focuses on intensive leadership and skill-development training programs for youth and adults. Core components of the academy curriculum are studies in integrated community development, practice of group facilitation methods and the design and implementation of active projects geared for long-term community building. The focus will be on building the neighborhood stmcmxe outlined in the Heart of Boynton plan. The Inslitute has been involved in leadership and capacity building worldwide for over thirty years. Their previous work in south Florida included working with Dekay Beach and Chuck Ridley to develop the structure their urganiTation now uses to benefit their entire community. Each participant who graduates from the academy receives a diploma and the end result will develop the structure the city needs that will contribute to the commun/ties overall health. The program is expected to take six months. This initiative is geared with the understanding that il'they [the citizens) think you disrespect their culture they will not take the steps they need to take. While if they sense respect, they w/il be open m economac arguments. Capacity building needs m recognize what the citizens can and should do for themselves. This program is designed to do that. FISCAl, IMPACT: The cost of the program is $20,000 and will come out of the Neighborhood Project Specialisl Neighborhood CIP account number 302-1211-512-63-34. ALTERNATIVES: N/A S:XB ULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC Neighborhood PrOject Specialist X~stas~t ~ity. Mhnage~ ' City Manager's Signature /./City A~m--'~y / Finance / Human Re~o~urc~t~' x S:~BULLET1N~ORMS~AGENDA ITEM KEQUEST FORM.DOC Requested City Comro~ssion _Meeting Dates [] November 20, 2001 [] Decemberd. 2001 [] December 18,2001 [] January 2. 2002 VT.-CONSENT AGENDA ITEM G 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 19.2001 (5:00 p.m.) Requested City Commission Meetin~ Dates [] January 15,2002 [] Februar7 5, 2002 [] Febraary 19, 2002 [] March 5, 2002 Date Final Form Must be Turned i_n. to City Clerk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m. NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consem Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unrra/shed Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: To use $3,925 from comm~ssionar Fisher's discretionary fund to pay for the following iteins: a) rental of a horse-drawn carriage to offer free rides to the public at the Season of Peace event. Holiday Parade, and Hohday Concert at Mangrove Walk at the Mm; b) hire a ice sculptor to perform after the Hohday Parade; c) rent eight tower lights for the parade. EXPLANATION: In a continuing effort to upgrade the quality of the City's special events, staff wants to add some exciting activities. The horse-diawn carriage will add a unique feature to the holiday activities providing the public an oppommity to enjoy the beautiful lights along Ocean Avenue. Ice sculpting, as always been a popular attraction at special events and will add some excitement to the post-parade activities. The tower lights are needed for the parade to illuminate various locations around the staging area and parade route. PROGRAM IMPACT: These additional features will make the events more entertain/ng, fun end safe. FISCAL IMPACT: $2,700 for horse-drawn carnage to be used at Season of Peace, Holiday Parade, and Hohday Concert $225 for Ice carving show $1.000 to rent eight tower lights for Holiday Parade ALTERNATIVES: Do not rent the horse-drawn carriage end ice sculptor. Tower lights would be ren~ed using a Recreation Department program revenue fund. ' ~¢ :,-, ~ -¢ /], */~ - ~r~epartmem Head's ~ignat~9 c~ty Manager s ~gnautr / Department Nam6 City Attorney / Finance Human Resources S:~BULLETINkFORMS~AGENDA ITEM REQUEST FORM.DOC FROM: CC: Date PARKS DEPg2RTiV[ENT M~fl~OR_~DL~ #o1-125 KurtBressner, City ~an..ger wilfred Hawkins, Msist~nt City Manager Date Sugerman, Assistant City Manager Jeff Livergood. Public WOrks Director VII ~ CITY MANAGER'S REPORT ITEH A John Wildner, Parks Director Paul Fleming, Senior Pr~eCt Manage[ Barbara Men'ham, Park~ and [amd[scApe Planner Bill DeBeek, Project Manager File Status Report on Boat Club Park Imp~roveme, nts and Intraeoastal Park Construction NoVember 28, 2oo~ Per your request, the following information is submitted: BOAT CLUB PARK IMPROVEMENTS Thein0tice to proceed with renovations Was issued to Construction Technology Incorporated as of November 26m. The first site me~ting is scheduled fpr N6vember ~29, 20oL Early emphasis for ~onStructii~n will be on parking lots~ hter focus will be on renovafi6ns:te the ramps and additional holding docks. MOREY'S PROPERTY The!Enguneermg Department has prepared a purchase order t0 dem?!ish the Morey's build~& Parks and'Engineering Departments have,begun planning ,to incorp.o:r~te the additional property ~nto Boat Club PaTrk; Our g°aiis toaecomp!ish construction on the additi°naI property as part of a change order to the existing construction contract. BOAT CLUB N~kXfIGATION CHANNEL Preliminary work has began on this project in conjunction with Palm Beach County, actual dredging to occ~r in DeCember. Sand will be used to refurbish the beach from the inlet sduth to include Oceanfront Park. INTRACOASTAL PARK 9o% of the Site drawings are c?mplete for thedevelopment of the par!~. Comments are being inc0rpomted into the c~cum~ts. Pa}m Beach County has reserved grant funding for this project b, ut has delayedpreparation 0fa fomn~_l inter-local agregment, pending a dear demonstration of the City s intent to proceed with the approved master plan. Discusmo. ns with COunty Park and i~ecreation s~ff suggest the completion of site plan docume;nts wout~ bea gOOd ~?ormnity ~o contact Comsioner MeCarty about proceeding with the inter4oeal agreement for County funding of thisproject JW/vlr Page I of I CAPITAL IMPROVEMENT PROJECTS ProjeCt Name: : ~Proj~¢t., SPonsor:, ~he Acc~fi~tNo;: ' C~ P Proje~ Ma~ F A~w~l~Sources~ - ,: ,,, 200172902 ' ~900 Q00 lmprove~,lPBC~Gmnt ~, - , , $t~575 !mprovemen¥,~ks~nd Recreation . $ 65~425 . Im~ove~ntS-t ~D, : ' Tota[~F~nd~ng: DeScriPtion of Pro, ct: 75 a~d~ional~ ~at .tmile~ Parki~g Spaces ten--ate exis~ng boat mmp~urbish rep~ .'actba.. romps 'a'~'~ ~%t.. ~. ~g dock ~ U~ ~um bunched -to. replac~ .... ex ~t n g seawall~mlocate picnic ~he ters~ ~oge tel I~t; add curbing; apg[ade ]ands~ng' due to de~Ys, additional per,itS ~hd~ e~gineerin~ a~e re~ire~,;~h~S ~addihg t0: oosts. Wa/l~ :Rpbe~s A To~ h~ 5eeh previo~sl~~ retai~ed '~ mbch of eng needing/desert work,haS, been completed. Pr~e~ Upda~s ' May 2001: CO~tmctioh ~ocumen~ are ~mplete ahd Bid documents am in final Ju~ 2001: Cogs~n plans am ~ 00 Yo Requ~t for Bid was ~lssuffd on 5/25101 .B~d ~enlng Is s~edu ed for 8/p9/~1 Thff C~ ~s mowng ~ow~rds purchasing-Mo[eY s Lounge and geeing Pam~Beach Coun~ grant m~n~es.. ~m will be ~epbff~.~n ~iS as ~ings develop. . ~ptembe~ 200~: ' T~e'~c0ntract nas been awarded to ~dstru~don ,Fechqo ogy ' Const[ucfion is sche~ul~ tO beg n O~o6er 22 2001 The' Pa~s depadment has secured an ~add~ti~al Grant from pBC in the ~mount of $250000 to,~e Used towards the purc~se o Moreys Lounge; addlbon~l planning .~s unde~ay by ~he PaAs depa~ent to integrate t~e additional pro~ into the Boat Club Master Plan. The a~di%na! Gran~ money has NOT Yet been ~ctOred into the available funding. Page 8 of 41 :' City Of E~oynten Beach · Department bf Erfgineedng ~; ~ . . , . . . · - ConstruCtion Services D ¥ s on and CSD is taking steps the use of the new The Department of n of the additional clone as a Change Order the Contractor or~ ef41 City Of Beynton:BeaCh Department i(~'Engineedng . Consl~uCtiOn Se~i~e~ Division CAPITAL IMPROVEMENT PROJECTS PrOject Name n'b-ac~astat D Str Ct Park S te - Phase 1 Project SPonsor: John Wildner (ext. 6226) Acc~u,nt No.: C P Project Number: 01016 Project Manager: Bitl DeBeck (ext. 6486) Start Date' I Novemb~, 2000, I,Estimated Cos[: Funding Years: Amount Activ ty 1 Sources 200~1/2002 $1 700 000 = ConstrU~ction / PBC Recreation Impr0vement:Program' $400~000 C0nst~'Uctii~n I Cap tal Improvement Fund 2003/2004 $1,170,000 phase II Total Fundi,ng: $3,270,000 ' Description of Project: This is a l~-acre, undeveloped park site adjacent to the lntracoasta Waterway. County/City joint funding; development to include passive recreation such as picnic shelters & paviions picnc tables, landscaping, restroom building, concessio_n, bud ng park hg ct w ndsurting andin9 waterside plaza float ng founta n Veterans Memorial shaded walkway and m- ne skating path wdl be located on s~ e. Project Updates May2001: '['he grant request from Palm Beach County (PCB)is :on HOLD pending further direction fo.rm the City. Planning COnt nues with '~he City paying for professional design services pend ng poss hie reimbursement from PBC July 2001: The Master Plan was approved by, the City Commission in October 2000. The Final Site Plan was accepted in July 2001. Currently, the Architectural design is at 25% and the detailed civil design is at 10%. The SFWMD Permit is being prepared and should be ~ssued w~th ~n the next 10 days; At this t me, "there are no Public Meetings, scheduled for this project. Add t cna y, we are wa ting for a release of the HOLD on Grant Funds from Pa m Beach County. September 2001.: Architectural design is 50% complete and civil design is at 35% complete. The sFWMD ;Permit application was i submitted on 9t13/01. Page 14 of 41 Construc~ton 8erv!ces Dr~i~ion CAPITAL IMPROVEMENT PROJECTS ' 'PrejectN~me'J Intr~co~s;~alostr:~P'~.$ite- Phase f ~ ? ',, .... : P~oject Updates~ ~ .... D:e~er 2001 90;% ~rawmgs have b,,een ~r~epew~d ~,and rev ewed wit~ m , ;i however, the~Arm~,,~,~,:~ E~gm~m, apd,~MD gave "~ Ce~a~me~t ~,a~d. ~l~t ~ ~8 d~te~m~ NOT to do TAe cu[mnt~ ~m~t ~mehn. ~or the,proleet s Bid Cycle ' 41~8~2~:rtb~ ~ 1~02 , Bid Opehing ~ ~/~6~ :~ : : , ' Cq~m S~O~ Age~d~ ~Q[.~tract award= 816/02 COnstru~on -8728~02,thru 6t21,/03 ' ' Page 15 of~l VII.-CITY MANAGER'S REPORT ITEM B.. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested Cit~ Commission Date Final Form Must be Turned Requested Cid Commission Meetm~ Dates in to City Clerk's Ot'fice Meeting Dates [] November2C 200[ November7.2001 5:00p.m.) [] lanuarylS. 2002 [] December 4. 200l November 21,2001 5:00 p.m.) [] February. 5. 2002 [] December 18. 2001 December 5.2001 5:00 o.ra_ [] February 19. 2002 [] Janua~ 2. 2002 December 19.200I ~5:00~.m.1 [] March 5. 2002 Date Final Form Must be Tamed in Ca City Clerk's Office January 3, 2002 (5:00 p.m.) JanuaD 16, 2002 (5:00 p.m. February 6, 2002 (5:00 p.m.I February 20, 2002 (5:00 p.m. NATURE OY AGENDA ITEM ]'~ Administrative [] Development plans --] Consent Ag6nda [] New Business [] Public Hearing [] Legal [] Bids [] Unrra/shed Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Review and Discussion of Staff Report on Non-Conforming Lots and Buildings in Commercial Districts. EXPLANATION: I3is item was scheduled before the discussion on the proposed Mixed-Use classificanon for the Federal Highway Corridor, While that proposal deals with uses, the issues related to non-conforming lots and buildings may also be of interest to the City Commission and the CRA. Initial review of the memorandum by the Coranussion is requested with referral, as appropriate to the CRA and P&Z for further discusston as warranted. PROGRAM IMPACT: None until a regulatory ordinance is in place. FISCAL IMPACT: See above ALTERNATIVES: Information DepartmentHead's Signature DepartmentName 'r C?t~Manager's Signamre City Attorney / Finance / Human Resources S:\BULLETIN~FORMS~AGENDA ITEM KEQUES~t FORM.DOC DEPARTMENT OF DEVELOPMENT TO: FROM: DATE: RE: Quintus Greene, Development Director Michael Rumpf, Planning & Zoning D rector:... November 15, 2001 Redevelopment code issues for non-conforming lots and buildings in commercial areas The ability to use, market, adaptively re-use, and red~ye.!op ezJs,tmg commercial: properties are nfluenced by capital land avail~b ty, and~ app C~bi~ ~e~[~l~t ~ns. The purpose of ti~is memorandum is to provide a general description of the structure of city regulations with respect to applicabiJity to non-~;onforming pr;Operties;~..a~d,;to nitiate di,~cussions that will lead to confirm ng: the desired direCtion' of the Ci[y :w~th~i,~ resi~ect to regu ating future mprovement and redevelopment efforts. The two focus areas of this brief analys~s are: 1) the effect~bf code on the ability to make physical improvements to rion-conforming propertie~; 'and ~i'thb Affect of code on the use of existing, non-conforming structures/properties by a new b~siness. Although other costs such as fees are pertinent in assessing impediments to redevelopment, this issue is not specifically addressed herein as it is currently a separate topic of staff research and discussion. This memorandum begins with an explanation of .current regulations and when they are applicable. Lastly, this report offers "policy"-related ~ssues as topics for further discussion. It is the conclUsions from these discussion on which subsequent needed code amendments, would be based. This summary is timely given the following events and circumstances: 1) The current efforts to redevelop older areas through planning studies and new regulations; 2) The magnitude of developed properties that remain from an original growth period that preceded current regulations, occurred dudng the pedod in South Florida influenced by different traffic patterns ane available resources, and prior to the modem vision held by the city that is at a minimum, a hope to create (or re-create) a sense of place in the downtown that differentiates it from the rather continuous commercial strip characteristic of US-1 that was influenced by historic traffic patterns and land uses; and 3) The consequence of capitalizing on redevelopment opportunities that involve adaptively re-using older commercial buildings and residential buildings for commercial uses. Discussion topics or questions are suggested below: 1 ) Should all site and building regulations apply to a ~ ~ven ~mprovement? 2) Should site regulations such as parking and parking lot regulations apply when there is a change ~n use/occu pancy? 3) 4) 5) If a given site will not be required to be brought to full compliance with city regulations, which regulations should be complied with ii space limitations prevent full compliance? What.. r01e. should implementation of-~ redevelopment plan have when comparing the value of full redevelopment of a site (and full code compliance) with minor site modifications (partial compliance), and should certain geographic areas be held to lower standards to encourage redevelopment of areas, that are "off the beaten path" while holding redevelopment/improvement efforts within highly visible areas to strict conformance to a redevelopment plan? Altheugh the city may be motivated to remove some regulations applicable to re- use projects or minor modifications, particularly when the project furthers redevelopment plans or represents a desirable use, this may lead to selective enforcement or may simultaneously encourage the continuation of undesirable uses and prevent attrition. The two major categories of Land Development Regulations applicable to a project site are landscaping (Chapter 7.5, Article 11) and parking tots (Chapter 23). A third category of regulations, often assumed to be within Chapter 23, is the parking space requirements found within Chapter 2. Zoning, Section 11.H. Additional applicable site regulations ex~st and are typically associated with the parking lot regulations. Under the category of parking lots, other requirements include accessibility, lighting, drainage, anddumpster enclosure. With regards to site non-conformities, Chapter 2. Zoning (e.g. setbacks, lot area, lot dimensions, building height, total floor area) is not applicable to existing circumstances or site improvements .as long as site improvements or business changes would not worsen the non-conformity. Existing landscaping and parking characteristics (including parking spaces) on older commercial properties are often found to be the most deficient with current regulations, This circumstance has been the cause for diffedng interpretations of code application (in order to find the means to approve desirable use changes r0r site modifications without full application of the code), and this was the reason for establishing the city's Non-conforming Landscaping and Signage Pilot Program in the late 90's. Landscaping requirements generally include perimeter buffers and buffer plants such as groundcover, hedges and trees intended to beautify the project and screen off-street parking areas from adjacent rights-of-way and properties. The landscaping regulations are "triggered" by new construction and major modifications (as aefined in Chapter 3. Site Plan Review); and apply to newly landscaped areas where compliance with landsca ping requirements would not decrease conformance with parking regulations. This provision to address conflicts with parking regulations was recently inserted into the code by a staff- initiated, comprehensive revision of the landscape regulations. Chapter 23 (parking lot regulations) generally includes space dimensions, driveway width and location/separation, aisle widths, signage, back-out dimensions and limitations, pavement, and drainage. The parking lot regulations are applicable to all permanent parking Jots constructed or re-constructed within the city. Compliance is required "under any of the following conditions": new construction; when an existing building is expanded; a change in building "occupancy" (this concept will be discussed later); a change in "use" occurs which results in additional parking spaces being required; when compliance with the landscape code is required; when an existing lot (spaces) is expanded by 25% or more; and when new parking areas are proposed (onty the newly added areas must conform to regulations). Parking 'space~(quantity)-requ:irements are within' Chapterr 2..Zoning, Section 11.H, and apply "when a structure or use is enlarged or increased in capacity by' any-means", or when a change in building.,oocupancy or use occurs which i'equires additional parking spaces. To redUce: -the' -potent al burden 'that this seotion of the:c0de ,~ay, have on deveto~,m_ent,and redeVeto~men~ in the downtown, ~he city cecently ;adopted? fee-in-lieu of- park r~ pro;visions including a graduated, fee:scala beginning with a 'no-fee period for the first-year. ' - - ' ' "- The "change of, occupancy "is a building code term that :represents ~he process by which building and other'codes ,related to the structure are determin~d:¥to,'i,b.e:' applicable. Accordihg to the, Code, if a dhange i~n building occupancy Occurs, "~11! bciilSing;' electrical, gas, -meChanical: and plumbing systems shall be .made-'t0 conform to ,the':i~ttent of the techn ca codes as re;:luired b~' the'build ng official". There, ar~?~e~era,1 :Categories of occupancy, however, those most frequently involved as "issues" i~clude ;[he following: 1} Group 'A"-"~ss~embly,"~ Examples. movie or othe~type of;thea!e~ 2~) ,-Group, B <B~siness ~ Examples'., banks, barber shops;~carwashes, florist, office buildings and~p¢int Shops; 3.) Gr, eup M-Memant le,- Examples. retail stores and'markets, ,wholesale; and 4) G r0 u p "R".!'ReSide n:t~l~' Historically, the Variance ~roCesS ;has been relied upon as the means to bridging,the gap between CUrr~nt regubatiodS and the expansion of non-¢onformidg' pr0per~ies., .Although the use of this meti~od may satisfy the ultimate desire of the Commissionem; it' disregards [he traditional hardship criteria on which the vadance process was established, The currem status ~f new' redevelopment efforts throughout; the downt.o, wn and surrounding,a~eaS ;mu~[; becoh'sidered when evaluating current co,Ues and impediments to ~mprowng older commerclsI, pre@ertles. Although the removal of,code impediments may contribute to P,'roperty; mpf:ovem~nt efforts th s coUld also discoqrage mOVement toward compliance with new redevelopment plans and development standards:; Again stated, topics for discussion, as well as possible future' code reView/revision efforts include: 1. The applicability of code requirements to property improvements; 2. The change in USe/occupancy circumstance and applicable codes; 3. The implementation of redevelopment plans and contrast between the plans/recommendations and existing uses and non-conformities (should certain geographic areas be held to lower standards to encourage redevelopment of areas that are "off the beaten path" while holding redevelopment/improvement efforts within highly visible areas to strict conformance to a ~edevelOoment plan?). 4. Although the city may be motivated to remove some regulations applicable to re- use projects of .minOr modifications, particularly when ,the project furthers redevelopment plans or represents a desirable use. this may lead to selective enforcement or may' simultaneously encourage the continuation of undesirable uses and prevent attrition, S:\Planning\Pat35report - regs & non-conform comm.rtf Requested Cit5 Commission Meetin~ Dates [] November 20 2001 [] December 4. 2001 [] December 18.2001 [] January, 2. 2002 VI! - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM C AGENDA ITEM REQUEST FOl vl Date Final Form Must be Turned in to City Clerk's Office November 7, 2001 (5:00 p.m.) November2] 2001 5:00p.m. December 5. 2001 ~5:00 p.m.) December I9.200] 5:00 p.m.) Requested City Comm~ssiou Meetm~ Dates January I5. 2002 [] February 5. 2002 [] February t 9. 2002 [] March 5.2002 Date Final Form Must be Turned in to City Clerk's Office Januar3 2, 2002 (5:00 p.m. January I6, 2002 (5:00 p.m February 6. 2002 5:00 February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] AdministrauYe [] Developmc~nt Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Buszness [] Announcement [] Presentation [] City Manager's Report RECOMlVlENDATION: Discussion of proposed Arts Commission - Action Reauested is to direct staff to place ordinance establishing an Arts Commisison on a future City Commission. EXPLANATION: Adopt an ordinance establishing an Arts Commission. The components of the ordinance should include the following. Purpose: The Mission of the Arts Commission of the City of Boynton Beach is to advise the City Commission on matters related to the Arts. the development of a plan and programs rd promote and support public art aha to recommend standards, guidelines and funding for implementatior Members: The Arts Commission shall be composed of nine (9) regular and two (2) alternate members who are citizens or business owners preferably with the following backgrounds' Artist(s) Art volunteer(s)lactivist(s) Planner Private developer Business owner Neighborhood Association member(s) Architect Interested citizen(s) Responsibilities: Act as an Advisory Board to the City Commission on the following: · Provide advice on matters relating tc me Arts. · Develop a Public Art Plan and Program for the City. · Recommend standards and guidelines for art and aesthetics in the city. · Recommend funding sources including private and grant funds. · Encourage public/private partnerships in the ads. · Review and make recommendations on proposals for art works for public buildings and public · Encourage the flow of art into the city, and stimulate ar[ activities and events. S:\BULLETINkFORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM · Study art issues and imelemenr art programs as may De de egated to t from t me-[e-[ me by the City Commission. PROGRAM IMI~ACT: This would be a new program that would require allocation of staff resources. FISCAL IMPACT: Estimated cost $15,000 (not budgeted) for firs[ year. ALTERNATIVES: Defer action to FY 2002~,03 Budge[ Department Head's Signature Department Name Signature City Attorney / Finance / Human Resources S:XBULLET1NXFORaMSkAGENDA ITEM REQUEST FOPdM.DOC ORDINANCE NO. 2001-- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, CREATING A NEW ARTICLE IX, OF THE CODE OF ORDI:NANCES TO PROVIDE FOR THE CREATION AND ESTABLISHMENT OF THE BOY. NTON BEACH ARTS COMMISSION; PROVIDING FOR THE PURPOSE AND DUTIES OF THE ARTS COMMISSION.; PROVIDING EOR THE ORGANIZATION OF THE ARTS COMMISSION; PROVIDING FOR MEETINGS OF THE ARTS COMMISSION; PROVIDING FOR THE POWERS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHERE~S, a St[ategic initiative Team has advised that establishing an Arts Commission vcoul.d assist in the development of a Community Identity of the City; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the general welfare of the citizens of Boynton Beach to provide this public service to the community. NOW, THEREFORE, BE ET ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1~ That Part I, Chapter 2, Article IX, is hereby created as follows: ARTICLE IX. BOYNTON BEACH ARTS COMMISSION Sec. 2-154 Creation of Commission. The city commission, 'in accoroance 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' of .the' arts commission ~s to advise ,the C'it:~) C0mmis-Slon0n:matters related tO the arts, to develop a plan,and,programs to promqte and Support' art in public places, and to recbmmend guidelines :and;[unding for implementation. (b) It shall ; commission to act as'~ ' in providing ~ (C) ~'~he-arts~emm,s~s,~ a public art I; an and prog ra rrf:~o'¢~ tf~ i~i~y. : : (d) The arts commission may recommend funding sources ncluding pfi~ate sources and ~grant funds; encourage public and private p~rtnerships in the arts; review and make recommendations on~.~roposals fc~r art work for public buildings and public spaces; encourage the flow of art into the city; stimulate art related activities and even/:s; study ~ssues related to art and implement art prog rams as delegated to it by the City Commission from time to time. (e) The ar-ts commission shall periodically advise the city commission of its findings or proposals with respect to the foregoing issues and make recommendations to the city commission on any matter referred to it withi~ as much time prescribed by thee city corn mission. Sec. 2-156 Organization. (a) The Arts Commission shall consist of nine (9) regular members and two (2) alternate members and serve at the pleasure of the City Commission. (b) A members of the Arts Commission sha 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 city commission at the termination of their appointment, with no limi~ 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) the acts 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 nu tuber needed for a quorum, shall be in conformance with Section 166.041 (4), Florida Statutes. Sec. 2-158 Powers. Nothing 'n this article shall be construed as restricting or curtailing any of the powers of the city commission, or as a delegatien to the arts commission of any of the authority or discretionary powers vested and imposed by law in the city commiss'~on. The city commission declares that public interest, convenience and welfare required the appointment of the arts commission to act in 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 c0nflict herewith be and the same are hereby repealed. Section 3. Should any section or provision of this ordinance or port,ion hereof; any paragraph, sentence or w~ord ~be ,dec ared by a court of competent jurisdiction to remainder of this ordinance SectiOn 4. passage, FIRST READING this SECOND, FINAL · 2001. be invalid, such dec spn shall not affect the ~ ~odi~ ~aid ordinance, tely upon day of , 2001, READING AND PASSAGE this day of CITY O,F BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk H:\NRK Arts Commission Ordl 1.14.doc Recluested City Commission Meeting Dates [] November 2£. 2001 [] December 4. 2001 [] December I8,200I [] January 2. 2002 ¥II - CITY MANAGER'S REPORT CITY OF, BOYNTON BEACH rrEM D AGENDA ITEM REQUEST FOR3, Date Final Form Must be 'fumed in to City Clerk's Office November 7. 200l (5:00 November 21. 200[ (5:00 p.m. December 5. 2001 5:00 p.m.) December 19. 2001 '5:00 p.m. Requested City Comrmssmn Meeting Dates [] Januar, 15 2002 ] Februar3 5. 2002 [] February 19, 2002 [] 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. Febmar~ 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDAITEM [] Admims~zative [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business '-- Mmouncement [] Presentation [] City Manager's Report RECOMMENDATION: Authotizat~on by motion for use of Econom/c Incentive funds from Account 401-2822- 536-99-04 for Booker T's at 119 E. Martin Luther Krug Blvd., ($9,750); K/rig's Caf6 at 428 E. Martin Luther King Blvd.. t$4,500); Shipwreck Restaurant at 502 E. Ocean Ave., ~$29.850) and Daughtery House 405 East Ocean Ave. ($14,850) for a total of $58,950 to cover the cost of Water and Sewer Capacity Charges. EXPLANATION: Booker T's (Restaurant) at 119 E. Martin Luther King Blvd. (Current Zoning C-2) Incentives requested: The eX~Stmg restaurant at th~s site had 20 seats. The proposal is to open an 85-seat restaurant. The 65 additional seats will cost $150 each for water and sewer capacity charges or a total of $9,750 to be taken from account 401- 2822-536-99-04. King's Caf6 (Restaurant) at 428 E. Martin Luther King Blvd (Currem Zoning C-2) Incentives Requested: The owner proposes to open a 67-seat restaurant. Thare currently are 37 seats resulting in a seating increase of 30 seats. This would mount to an estimated water and sewer capacity charge of $4.500 to be taken from accoun~ 401-2822-536-99-04. Shipwreck (Restaurant) at 502 East Ocean Avenue (Current Zoning CBD) Incentives Requested: The owner is proposing a 199-seat restaurant at this location. This results m an estimated water and sewer capacity charge of $29.850 based on the cost of $150/seat. It is proposed that these charges be paid from account 401- 2822-536-99-04. Daughtery House (Restaurant} at 405 East Ocean Avenue (Current Zoning C-2) Incentives Requested: The owner is proposing a 99-seat restaurant at this location. I'his results in an estimated water and sewer capacity charge of $14,850 based on the cost of $150/seat. It is proposed that these charges be paid from account 401- 2822-536-99-04. S:~BULLETIN~FORMSL~kGENDA iTEM REQUEST FORM.DOC  CITY OF BOYNTON BEACH ' PROGRAM I~PACT~ The economic iikce;q~.v~~ pre, gram has been buggeted. This w~ll'provide necessary incentives to have foal' p~dp~ties 'in ~WO emerging ¢o~ei;diM-a}~as move forwai:d? ; '-~-- - ' ': :,. FISCAL IMPACT: $58.950 ro cover the cost of Water and Sewer Capacity Charges ALTERNATIVES: Do not approve ~ncentives. Funds will need to be provided from other sources by owner to pay the fees. This will further retard developmenf, o~parcels. Department Head's Signature City Manager's Signature Department Name City Attorney. ¢ Finance / Human Resources S:~BULLET[N~FOR/MS~AGENDA ITEM REQUEST FORM.DOC The Cit' o_-Bo .nton Beach, OFFICE OF THE CITY MANAGER 1 O0 E. Boynton Beach Bouleuard P.O. Box3iO Boymton Beach, Florida 3342.5-0310 Cab Manager's Office: [$61 742-6010 FAX: [56I, 742-601I e-mail: c{~y,rna~ager~.boy~on-beachj~.t~ www. d. boyntoa-beach.fl.us To: From: Date: City Commission Kart Bressner, Ci~ Manager November 26. 2001 Subject: Consideration of Economic Development Package for Developments on Ocean Avenue and Martin Luther King Blvd. Recently, Wilfred Hawkins and Imet with Robert Katz who has been developing several properties on Ocean Avenue and on Martin Luther King Boulevard. The purpose of this report is to request City Commission approval of an interim economic development incentive package for Mr. Katz. This should be viewed as an lmerim report as the staff is preparing an economm development incentive package for the CRA area and the Quantum area per recent ordinances approved by the City Commission~ This ~report recommends specific economic development incentives for four parcels, two located on Martin Luther King Boulevard and two on Ocean Avenue. Specifically, this request~ is for the use .of Economic Incentives from the City Budget. rhere is currently $600,000 available in a special Utilities account (401-2822-536-99-04) for this purpose. I am proposing that funds from this source be used to PaY the water and sewer capacity charges for the developments as follows from the most specific to the more general development proposals: Booker T's (Restaurant) at 119 E. Martin Luther King Blvd. (Current Zoning C-2) Incentives requested.' The~existing restaurant at this site had 20 seats. The proposal is to open an 85- seat restaurant. The 65 additional seats will cost $150 each for water and sewer capacity charges or a total of $9,750 to be taken fi'om account 401-2822-536-99-04. In addition, the restaurant as proposed has room for 21 on-site parking spaces with the building. Based on the parking ratio of one space per 2.5 seats, the,current on-site parking accommodates a 52-seat restaurant. Therefore the owner will need to provide parking for an additional 33 seats or 13 spaces. Mr. Katz has contacted the St. Paul A/vIE Church on Martin Luther Kung Boulevard to negotiate additional off street parking in the Church lot. It should be noted that the CRA may be reviewing the on-site parking requirements for the commercial area of Martin Luther King Blvd. and may be recommending an on-site parking requirement reduction or waiver similar to the. CBD area. Anticipated completion date: January 2002. King's Caf6 (Restaurant) at 428 E. Martin Luther King Blvd (Current Zoning Ca2) Incentives Requested: The owner proposes ro open~ 67;seat ~e~m~ag, t, There currently~)g .s.¢~rs resulting m a seating increase of 30 seats. This would,amount t~ an estimated water a.n~ sej }er capacity charge of $4,500 to be taken from account 401~2822-536-99-04. There ~s no on-s~te parking and the parking for the 37 seats is "grandfathered.' The 12 spaces necessary for the 30 new seats (30 divided by 2 5 = 12 spaces) are required. Mr. Katz has contacted the St. Paul AME Church on Martin 'Luther Kung Boulevard~.to negotiate additional off street~ parking in the Church lot. It should be aoted that the CRA may be'mvi~Wing~the on-site parking requirements for the commercial area of Martin Luther King Blv& ~i. ~a~,~.? r~cornmendi_/lg an o~-site pm;king requirement reduction or Waiver :similar to the CBD area~ Afificipated Completion date January 2002. Incentives Requested: The owner is proposing a 199-seat restaurant at,t~s .location, This results in an on the cost of $t50/seat, It ~s Mr. Katz will foi: 25% of building permit fees to be 'estimated investment in the building is $7,00~000. Mr. Katz,has requested that the City Outside music or performances venue area and will reqmr, e CRA re~ieW, ! Use Permil application for emteriainment. I adx/.i,S,~ Mr, Katz that the City has no discretion and cannot wawe the CountCR0adw~v ~t~iict'Fee~ :~;~ti~pat6d'cOmpletionda;te April 2002, ' be ~ Special Use Permit aPph'cation and c a 99-seat restaurant at this location. This results in ;14,850 based ,oh the cost of $150/seat. It is 401-2822-536-99-04. In addi. tion, Mr. Katz will allows for 25% of buildi:ng permit fees to be The'estimated investment'in the building In addition, Mr. ~Katz has requested that the City W0ald altow outside nmsic 'or performances ~ instruments at this specific to the Ocean Avenue area and will s proposed that this property and the witli an entertainment o~erlay would However; this is a Policy issue that must be ii the ~erim, Mr. Katz has agreed to pursue a advised Mir: Katz that the City has no discretion Anticipated completion date February 2002· Amertcas Gateway to the Gulfstrea Masonic Lodge (Night Club/Catering Hall) at 506 East Ocean Avenue Current Zoning CBD) Incentives Requested: The owner is proposing to utilize the previously approved 495-600 seat facility. Actual ability to use this approval is subject to legal interpretation as to whether the prior use has been abandoned long enough to beno longer valid. In addition, the structure would need m be evaluated on the basis of assembly occupancy per the current fire codes. In short, this building will need more careful review by staff. However, if the use goes forward, there wiL be a need to do the following: 1. Evaluate the need for water and sewer capacity' fees: lfthe prior seating of 600 is no~ allowed or "grand£athered" the cost of the water and sewer capaciLy fees would be $90,000. It should be nOted that Boynton Beach has this fee but Delray Beach, for example does not. We need to review this fee in the context of"competition" and the financial health of the utility. A staff ream ~s reviewing these fees. If the fee is deemed appropri&te for the property it may, ~ubject to City Commission approval be paid from account 401-2822-536-99-04. However, and earlier version of a developmanr proposal for this building called for 184 seat Jazz Club/Ca*,ering Hall. 2. Conditions of Entertainment Licenses: Again this will require review by the Ci.ty staff. Perhaps the standards that were put in place when another entertaimnen~ venue op~ened may be appropriate. We will need'to obtain more information from Mr. Katz on the specifics of his proposal for this property. 3. Parking: Currently, the off-street parking fee in-lieu is $0 because the property, is in the CBD area. Any use of this maguimde will require the City and CRA to work together to make sure there is adequate parking in the area to sustain this level use. 4. Permit FeeWaiyers: In addition. Mr. Katz will be applying for an economic development grant that allows for 25% of building permit fees to be waived for businesses having a value orS1.0 M or less. The estimated invesmaent in the building is $380,000. This will be handled at a later date. 5. County Impact Fee Waiver: I advised Mr. Katz that the City has no discretion and carmo~ waive the County Roadway Impact Fee. Accordingly, I am not in a position to make a recommendation on incentives for tiffs parcel until the uses by the owner can be defined and the intensity of use verified. Earlier, Mr. Katz had indicated a seating capacity of 184 seats for this business, however, the CRA should, in my opinion, review the pros and cons of an entertainment overlay district for the CBD area. America's Gateway to the Gulfstream Warehouses (Specialty Retail. Galleries, Caf6' and Restaurants) 405 East Ocean Avenue (Current Zoning C-2) Incentives Requested: 1. Water :ahd Sewer Capacity Chames: The details of this incentive ~s unknown until the exact configuration ofbuilding uses is determined. Earlier staff information assumed aWater and SeWerCapacity Fee of about $3.700 for the uses in the building. 2'.. Permit Fees: Mr, Katz:is eligible to apply for a 25% fee reduction based on an investment of $500~000. advised Mr. Katz that the City has no discretiou and carmor waive Acc~rdinelx~ ~ I:am not ina ~osition to: malCe a'recommendafion on, ince~}fives for this use~ ~fi~r cKn ~be.;defule6,and .the intensity, 0fuse verified: par%l until the Cc: James Cherof Wilfred Hawkins Dale Sugerman Quintus Greene Robert Katz America's Gateway to the Gulfstream 4 Requested City ComraJssion Meeting Dates November 20. 2001 [] December 4, 2001 [] December 18, 2001 [] lanuary 2. 2002 NATURE OF AGENDA~EM VIIL-PUBLIC HEARING I'TEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR v Date F/hal Form Must be Turned in to City Clerk's Office November 7,200I (5:00 p.m.) November 21.. 2001 (5:00 p.m.) December 5, 2001 (5:00 p.rm) December 19. 200t 5:00 p.m.) [] Adminis~ative [] Consent Agenda [] Public Hearing [] Bids [-- Announcement [] City Manager's Report Requested City CorraTdssion Meetin~ Dates [] January 15.2002 [] February 5. 2002 [] February 19, 2002 [] March 5. 2002 Date Final Forra Mustbe Turned in to City Clerk's Office January 3, 2002 (5:00 ¢.m.) January 16, 2002 (5:00 p.m.) February. 6, 2002 (5:00 p.m.) February 20, 2092 ~5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please maintain this request on the December 4. 2001 City CormmSsion Agenda trader Public Heating, noting that the item has been tabled to the December 18, 2001 meeting. This item along with the accompanying site plan item is being tabled at the request of the Communipy Redevelopment Agency Board and appl/cant, to allow time for the applicant to 1J resolve the water utility issue involving those adjacent residents serviced by a well located on the subject property; 2) identify on the plan the right-of-way details and ownersinl: stares of Bamboo Lane: and 3) enhance the north, south, and west elevations of the western most building to include architectural accents, details, er. that more closely match elements proposed on the front elevations, prior to reconsidering the site plan at its December 11, 2001 Community Redevelopment Agency Board meeting. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. It should be noted that since the approved site plan will also fulfill the master plan requirement for the PUD rezoning, approval of the site plan is reqmred to be a condition of this request. For further details pertaining to the requesT, see attached Department of Development Memorandum No. PZ 01-238. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRI?TION: DAKOTA LOFTS (LUAR 01-006) H. P. Tompkln~ Chart's Enterprises 3010 S. Federal Highway Request to reclasalfy the subject property from Local Retail Commercial and Low Density Residential to High Density Residential, and rezone from C-3 Commumty Commercial and R-1-AA Single-family Residential to Plam~ed Unit Development (PUD). The applicant proposes to develop the property with nineteen 119) three-story town homes md related site improvemenm. The site plan (NWSP 01-010) will be adopted as the master plan for the PUD. S:~BULLETEN~FORMSLA. GE~DA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH N/A N~ ALTERNATIVES: N/A De~o~I~epartment Director Plannmg~andZ~6niiig D~ector ? , .C~tyAttomey./Finance City Manager's Signature S:~BULLETII~FORMS~AGENDA ITEM REQUEST FORM.DOC Requested Cit~ Commission Meefin~ Dates [] NovembeT 20. 2001 [] December 4, 2001 [] Deco-tuber 18. 2001 [] Januau 2, 2002 VIII.-PUBLIC HEARING ITEM B, t. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORInt Date Final Form Must be Turned Requested City Commission in to City Clerk's Office Meefin~ Dates Novc~mber 7, 2001 5:00 p.m.i [] lanuary 15.2002 November 21. 2001 (5:00 p.m. [] February 5, 2002 December 5, 2001 (5:00 p.m.) [] February 19, 2002 December I9, 2001 (5:00 p-mO [~ 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.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 [] Preseutafion --] City Manager's Report RECOMMENDATION: Please maintain this request on the December 4. 2001 City Commission Agenda under Public Heating, noting that it has been tabled to the Comrmssion meeting on December t8, 2001, thereby discontinuing the process of the companion Land Use Plan Map Amendment within the current state amendment cycle· The scheduling for this project is being revised ~o allow needed time to resolve issues regarding impact on property values, continuation and reconstruction of non-conforming uses, and project scope (e.g. project area I. For fmther deta/ls pertaining to the requesL see attached Department of Development Memorandum No. PZ 01-243. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: la'EDERAL HIGHWAY CORRIDOR City of Boyaton Beach Numerous property owners. Federal Highway Corridor segment located between the C-16 canal on the north and Wootbright Road on the south, bounded by the Intracoastal Waterway on the east and the right-of-way of the Florida East Coast (FEC) Railway on the west· Request proposed Zoning Regulations for M/xed Use and Mixed Use Low zoning categories, consistent with the recommendations of the Federal Highway Corridor Redevelopment Plan. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A · C~ty Manager's Signature -' ' Plan~g ~nd Z~Ji~'~irector City Attorney / Finance Human Resources, S:kPlanningKSHAKED\V~PkPRO JECTS~eral Highway Corridor Redevelopment Plan Folder~Ag~nda Item Reqst Fed Hwy US 1 Coffidor Mix use 243 tabled to 12-44)1.dot S :kBULLETIN~OKM S~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING& ZONING DIVISION MEMORANDUM NO. PZ 01-243 TO: Chairman and Members Communi~,~development Agency Board FROM: Dick Huds~ Senior Planner THROUGH: Quintus Greene Director of Planning and Zom~o DATE: November 1,2001 Project: PROJECT DESCRIPTION ProposedZoning Regulations for Mixed Use and Mixed Use Low zoning categories, consisfent with the recommendations of the Federal Highway Corridor Redevelopment Plan Agent: City of Boymon Beach Location: Federal Higt/Way COrridor segment between the Boynton (C-16) Canal on the north and X~Vobll~iAght 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 text amendments to the Comprehensive Plan to enable the preparation of redevelopment plans as recommended by the Boynton 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 15, 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 staff is now prepanng its response, in anticipation of adoption of the amendment in December. The proposed changes m the Land Development Regulations rename and amend the existing regulations for the Central Business District (CBDI zoning district and create a second and less intense zoning district similar to the existing CED regulations. These districts are proposed to be called Mixed Use (MU) and Mixed Use Lo~v (MU-L). The newly created and less intense zoning) district (MU~L will be applied to Planning Areas I5 and IV of the Redevelopment Plan, which consists of those properties that lie west of the Intracoastal Waterway and east of the Florida East Coast (FEC) Railway in two areas flanking the existing CBD (Area III). The first is situated between the C-t6 canal and NE 6th Court. north of the CED (Area II); the second is situated between SE 2nd Avenue and Woolbnght Road to the south of the CED (Area IV). The Page 2 Fed~al Highway Corridor Zoning Code Amendmemr .... ~ new zoning regulations, in part, are intended to preserve existing and established neighborhoods, phase our undesirable intensive commercial uses, and establish progressive lot restrictions to optimize land utilization and pedesu-ian enwronmenrs- Please note that Planning Areas I and V are nor addressed by the proposed districts and corresponding regulations. Although the redevelopment plan contains specific recommendations for these ~vo areas, this package of proposed amendments to the zoning code correspond with the amendments to the future land use plan map, and are rimed to be adopted simultaneously. Any plan recommendatiOns,:app~cable to areas I and V, along with specific desigu guidelines for the c6rridor, will beprocesied~in a futUr~zoning code amendment. ATTACHMENTS EXHIBIT "A" Chapter 2, Sec. 5, Division L shall be known as the "Federal Highway Corridor District." Sec.5.L.l. Purpose and Intent. (a) Purpese .and, Jntent.~The~ district -iS [ntend~ed to guide,d~ev.~lepment a~d redeyel0pment in a logical hierarchy that Will ~esblt in the ,prescott ~h ~o:(,~e¢i d~n{~ a~rea'~ ~"~b'm0{j~tj;t~'~ab ~ ~nd ~uc~e~ ~ the al;own .own~ The d~str~ct ~s intended to '~mplement the recommendat~or~s cortta~ned: m the FederaI-Fhghway Corridor O0mmunJiy Redevelopment P an}'$pecifica y, the d sir ct is intended to accomp ish the foIlowir~g: 1. Result in an improved living and working environment relative to typical h gh~vay development 3atterns. Enhance the City's tax base by increasing properb' values through better quality development, anc promoting and assisting the development and redevelopment of the downtown. Encourage the C!ty's development and redevelopment efforts in the down[own by providing a range of style and size of housing units to attract a suppor[ 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, 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 defineo 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 Petween use zones, each reflecting [ne 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 prohibited uses within the Federal Highway Corridor District. Uses are classified as Permitted (P), Restricted (R) or Not Permitted (N). Restricted uses are foltowed by a numeret that corresponds to a footnote below the table. Each footnote explains restrictions associated with the use. The Planning and Zoning Director or designee shall have the discretion to permit uses that are not specifically listed but are similar ~o uses that are expressly permitted ~rowcJed. however, such uses are not expressly identified as conditionally permitted or not permitted in any zoning district within the City. USE GROUP/USE RESIDENTIAL OR LODGING USE GROUP Bed and Breakfast Hotel Home Occupation Mobile Home Motel Residential; Single Family Detached Residential, Single Far~ily Attached Residential, Multi-Famiiy Boarding and Rooming. House (except where provided by state law) Accessory Unit M U-L ZONE R(8) R(8) P N N P P P N P MUZONE N P P N N N R(1) R(2) N COMMUNITY FACILITY USE GROUp Government Office/Civic CentedLibrary Recreation (indoor or Outdoor) Museum House of Worship Police or Fire-Rescue,Station Poet Office Branch Public Park Public Parking Lot or Garage P P P R(3) R(4) R(5) P OFFICE USE GROUP Banks, Financial InCtitutions R(10) Medical or Dental Clinic P Medical or Dental Office P Physical Therapy Clinic P Professional Business Office P Veterinary Office or.Clinic R(6) SALES AND GENERAL COMMERCIAL USE GROUP Permittedlrestricted anywhere within the MU zone; within the arterials. Alcoholic Beverage Package Store R(6) Animal Boarding or Kennel N Animal Grooming N Animal Sales N Ammunition or Firearm Sale or Rental N Arts, Grafts, Hobby and Framing R(6) Auction House N Automotive Parts Sales N Automobile Sales R(13) Bakery, Retail R(6) Boat/Marine Sales/Rental N Boat/Marine Accessories R(6) Bookstore R(6) Building Supplies or Materials N Bus 'Fermina[ N New Clothing, Shoes or Accessories Boutique R(6) Contractor's Office/Equipment Storage N V1U-L zone only on Federal Highway Corridor District DRAFT of September 1. 2001 Page 2 N N P R(3) P R(5) P P R(10) P P P P N lots fronting on major N N N N N R(6) N N R(13) R(6) R(14) R(6) P N N R(6) N USE GROUP/USE SALES AND GENERAL COMMERCIAL USE GROUP CON'T Coffee Shop Convenience Store Custom Furnishings and Antique Stores Cyber-cef6 Delicatessen Dive shop and Instruction as Accessory Use Oru~ Store or Pharmacy Grocer~ Store, Supermarket Florist Ha~ware Store Health Food Store Home Improvement Centers bUmber Yard Pdvate Ownership ~, Rental, Service, Parts or Repair w/Drive Thru and Confections Marine Customizing, Detailing, Service, Parts r Marine Trailer Sales. Rentals, Service. Receirs Sales w~plesaJe SEE, VICE USE GROUP ~i~d/restricted anywhere within art~als. the MU zone; within the Bar, be[shop/Beauty Salon/Day Spa Dal~ce'Studio Dressmaker or Tailor Drycleaner FitrYess Club Funeral Home HOSPital La~l: P0ol Establishments Laundromat Medical Outpatient Facility Nuf. sery, Preschool or Child Daycare Nu~siog or Convalescent Home P hotoc~p,y Center Self~-St~:~ge or Mini Warehouse MU-L ZONE MU ZONE R(6) P R(6) R(6) R(6) R(6) R(6) P R(6) R(6) R(12) R(7) R(7) R(6) P R(6) R(6) ': N N N N R(8) R(8) R((13) R(6) R(8) N N R(8) P R(6) R(6) R(6) R(6) R(6) a(6) ~(6) MU-L zone omy on lots fronting on major R(6) R~6) R(6) R(6) R(6) R(9) R(9) R(8) N 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 September 1. 2001 Page 3 USE GROUP/USE SERVICE USE GROUP CON'T. MU-L ZONE MU ZONE Shoe Repatr Tattoo ParlodBody Piercing R(6) N R(6) N ENTERTAINMENT USE GROUP Adult Entertainment Bar, Cocktail Lodhge Bard Club/Bow ng A ey/Indoor Recreation Facility Bingo Hall Fortune Teller Movie Theater Night Club Performing Arts Theater pdvate-.ClUbs, Lodges and Fraternal Organizations N R(8) R(8) N N N N N R(8) N P R(6) N R(8)R(3) R(8) P 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 non-residential component [hat compromlsas a minimum of 30 percem 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 grouno level floor is devoted to office or retail uses. Otherwise, use is a conditional use. R(3) I~se shall be subject to the following distance separation requirements, measured in a straight line, using the shortest distance between property lines; For uses with less than 5,000 square feet of gross floor area, 750 feet. For useS with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 feet. R(4) Subject to setback and buffering requirements, R(5) Storage of postal vehicles prohibited. Maximum gross square footage of structure shall not exceed 2,500 square feet, ~(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 remaimng commercial or mixed use develooment. R(10) Drive-thru facility, including stacking lanes. -nust be screened from public right-of-way and requtres Conditional Use approval. R(11) Shall comply with provisions of Chapter 2. Seca 1 .L. 2ertaining to retail sale of gasoline or gasoline products. R(12) No~ permitted on property with Federal Highway Frontage in tt~e MU-L Zone unless consistent with Restriction Footnote number Six (6), R(13) No outdoor; storege/display allowed. Indoor storage/display not to exceed 10,000 square feet. R(14) In conjunction with a permitted marina use. Storage/display altowed only in wet docks or indoor not to exceed 10.000 square feet. Federal I~igh~vay Corridor Dislx~ct DRAFT of September I, 2001 Page 4 Sec.5.L.4. Minimbm Parcel Requirements A. Minimum Lot Area Residential Or Lod,qine Use Group Hotel Residential, Single Family Detached Resideht[ai, Single Family Detached w/Accessory Unit Residential, Single Fam~y Attached Residential Multi-Family MU-L ZONE MU ZONE -- 3 acres 5,000 sa. ft. --- 7.500 sa. ft. . ?~. - 7,500 sC ft. 15,000 sq, ft. 20,000 Community Facility Use 6roub Public Park All other Use Al. Minimum Living Area Sin'gle Family Detached All other ResidentiaI Accessory Apartment no mir mum 10,000 so. ft no minimum 10.000 sq. ft, 1,000 sq. ft. --- 750 sq.~t. 750 sq. ft. 750 sa. ft. --- B. Minimum Lot Frontage Residential Or Lodqind Use Group Re~sidential, Singl~ Family Detached Res dent a, S ngl~ Family Attached (DupleX() Residential, Single Family Attached/Townhome) Residential, Multiple-Family All Other Uses 50 fi: --- 75 ff --- 25ft 100 ft. 100 ft. 100 ft. 100ft MU-L ZONE MU ZONE Sec.5.L.5. Height A. Maximum Height Residential Or Lod~inq Use Group Residential, Single Family Detached Residential, Single Family Attached (Duplex) Besidential. Single Family Attached (Townhomes) All Other Uses *Maximum height at front property line is 35 ft. Add a minimum 10 ft of s~epback for every additional 50 ft of heign[. 35ff. -- 35ft --- 35 ff --- 75 ft.* 150 B. MinimumHeight 35 ff." 35ft.** . Mult[p!e story buildings are encouraged within the Federal Highway C6¢i'idor District, particularly along arterial roadways. The intent of this provision is to create the appearande, c~r simulate the intensity of, a minimum two (2) story building. 'Appl es to any fa(;ade with Federal Highway frontage. ~*App es to any lat..add with street frontage. U-L ZONE Sec.5.L.6, Minimum Pervious Area Community Facility Use Group Public Parking Lot or Garage --- =~esidential;Or Lodf:lin~ Use Group Residential, Single Family Detached 40% Residential, Single Family Attached 30% Federal Highway Corridor District DRAFT of September 1, 2001 Page 5 MU ZONE 15% Sec.5,L.6. Minimum Pervious Area, Con't. All Other Uses U-L ZONE 20% MU ZONE 15% MU-L ZONE Sec. 5.L.7, Minimum Setback Requirements Front Yard. Residential Or Lodc~in0 Use Group Residential, Single Family Detached build to line Residential Single Family Attached build to line Residential, Multi-Fam ly build to line - porches may be placed forward of the build to line and shat[ mathtain a ~[nir~Jm 2 foot setbac~'fr~m any public sidewalk. Porches shat[ be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is 20 feet. ** projecting feature(s) such as awnings, balconies. porchesand/or stoops shall be placed forward of the build-to line 'and shall main~[n a ~ini~urn 2-foot setback from any public Sidewalk. All Other U~es ir~¢ludinq tn[xed use with a sinqta-famiIv attached compon~n~--bbiid-'to line 10 ff or 15 fi* *~ 0 10 ft.* 10ff.* 10 ff." *The area forward of the build-to line shall contain a 7-foot sidewalk with the remainder landscaped. ** one or mere projecting feature(s) such as aW?..[ng~, .balconies, colonnades porches, and/or stoops required fo~r~d-~ t~e 13uild;to= i~ne and Shall mainta[n a minimum 5-foot cle~ance~ {~om~ any ~ehic~lar use area. Elements projecting oveq a ped~?ri~o Wai~ay shall atloW a tn[nlm um 9-foot vertical c ea~'ance arid 5~'~got h'orizonta[ pedestrian clearance. MU ZONE 0-15 ft. Side Yard Residential Or LodqJn,q 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 *plus one addti, foot for each foot of height over 45 ft. where adjacent to an ex~sting single-family detached dwelling, less width of right-of-way. '-plus ohe addtL foot for each foot of height over 45 ff. where adjacent to an existing single-family detached dwelling less width of right-of-way. MU-L ZONE 6ff. 15ff lOft. 15ft. lOft 15ft. 20 ft.* MU ZONE 20 ff." Federal Highway Corridor District DKAFT of September 1 2001 Page 6 Sec. 5.L.7. Minimum Setback Requirements, Con't. Side Yard Ail Other Uses Adjacent to Residential Single Family Attached or Detached in the MU-L Zone ,_ plus one addtt, foot.~0r each foqt of height over 45 ft. less width of right of way Adjacent to Other Uses MU-L ZONE 25 ft.* Off.' MU ZONE Rear Yard .... R~lOr LodCCnq Us~Group ' Al R~sfdenfial;'- Where Yard is Adjacent to, Int~asoasta! Waterway 25 ft. Residential, Single Family Detached 7;5 Residential; Single Family Attached 7~5 · Residential, Multi-Family ' ~ ' 25 ~t * · plus one additional foot for each foot,of height oyec,45 ft. where Within or abutti;qg the MU-L Zone All Other Uses : where ¥~rd le Adjacent to Intracoastal W~tarway 25 ft. Where YaCd le Adjacent to Residential '~ ,: , 40 ff * · plus one additional foot for each foot (Jr ~&ight ' over 45 ff. within or abutting the MU-L ,Zone .W~hereyard is Adjacent to All Other Uses 0 ff.' Fiffeeh (15) feet abutting a street, 1 D fe~t abutting an alley. 25 12it ft* 40 * 0* ft. Sec.5.L.8. Mixed Uses. Buildings containing residential and non-residential uses are permitted and encouraged, and subject to the same development standards as "all other uses." Residential uses within mixed-use structures shall not be located on the ground floor, which shall be reserved for nonreside'~tlel uses. Nonresidential uses within mixed residential/nonresidential structures shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based Upon use-type, construction materials, floor plan and site layout, use of the dext 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 shaft occupy the entire Width of the parcel they are located upon, notwithstanding comer side setbacks and clearance needed for a ddve that may be required to access the rear of the property. Sec. Sbl0. Landscaping Chapter 7.5, Boynton Beach Landscape Code, of the City of Boynton Beach Land Development Regulations, shall govern landscaping within the Federal Highway Corridor District. Sec. SL.l 1. Parking Requirements (A) Parking requirements shall be as set forth by Chapter 2, Section 11H, of the Boynton Beach Land Development Code, except as provided below, (B) On-site parking facilities shall be located to the rear of the structures they are intended to serve, or shall be located to the side of the structure they are intended to serve ant screened from view from public streets, notwithstanding other provisions of these regulations that require a specific residential Federal I~ghway Corridor District DRAFT of September 1, 2001 Page 7 Sec,SL.l 1. P.arking Requirements, Con't. automobile garage setback, and Sec.5L.11. (D) and (E) permitting understory parking ahd regulating perking garages. The intent of [his provision is that parking facilities not be prominent as viewed from the street(s) that serve(s) as the main orientation for me principal bu id ng(s) in ~order to emphasize b[Ji[d~n~s'~r~d pedest~fah featuresand d~-emphasze pa~kng facilities. In order to, bast achieve this objective, rear parking is preferable~ to Side yard parking. 'Access to parking shall be from side st.re.ets not servng as the principal structure's main frontage when possible in order to rmmm~ze vehicle/pedestrian conflicts along sidewalks rasu tng from driveway~crossings. (C) Mixed-use developments may utilize the following parking reqmrements based upon shared parking with different hours of use. The total requirement for off-street parking spaces shalt be the highest of the requirement of the various uses computed for the fo{~owing five (5) eeperate.time pbr!ods: weekdays (daytime, evening),- weekends (daytime, evening) and. nighttime~ For the. purpose of calcuat ng the requiremee['of the verious uses for the various separate time periods the percent of 3arking required 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 100 10 10 5 5 Retail 75 75 100 70 5 Lodging 75 1,00 75 100 75 Restaurant 50 100 100 100 10 Entertainment 40 1~00 90 100 10 Residential 60 '[00 100 100 100 (Source: Urban Land institute "Shared Parking", 1983) (D) Freestanding perking garages as part of a mixed use development are permitted within the MU Zone only. within the MU zone, freestanding parking garages shall not exceed 75 feet in height, and shall not have direct frontage On Boynton Beech 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 second 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 [hat inctude parking garages shall utilize design techniques blending [he architecture of the garage with the remainder of the structure, and creating the iitusion that the garage is habitable floor spaCe. (E) Parking garages that are incorporated into [he same structure as a principal building, including structures providing parking on lower floors and habitable sr, aCe on upper floors, are permitted within [he MU and MU-L Zones. Understory parking (on [he first floor of a structure) is permitted througnout 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 climbin~ vines) and/or architecturally articulated fagade designed to screen the parking area. (F) In order tc increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. Parking t~acilities shall, wneraver feasible, be designed for future connection to an adjoining parcel where an existing connection cannot be established. Federal Highway Corhdor District DR_AFT of September 1,2001 Page 8 Sec.5L.12. Dum_ pster Location Dumpsters shall be adequately screened from wew in a environment. manner compatible with the surrounding gec. SL;13. Circulation, ~' . ~,, .... evet0pment siteswith fruitage:on Federal Highway, Oc~ean B0uleva~d ~nd Boynton Beech Boulevard shall be.dashed to d scaurage mid~b~ock Street:cre~i~3~S en:~hese s~reets~ ' ] Sec.5L.14. Signage . --~ ~ --:-,,- ......... Chapter 21 s~.all:govern signage within the Federal Highway Corridor District, Signs, of the Boynton Beach Lahd'Devetop~ent C~de., ' ' ~: ' , ~ Sec. SL.1 6. Definitions The following are supplement definitions applicable only to the Federal Highway Corridor District, and therefore take precedence OVer definitiOnS in other p0r~ions of the Code in case of conflict, Landscaped Area - Open. Space area not occupied by any structures or impervious surfaces? and landscaped with veg~t~alJ,~e material and g~o~nd covers pursuant [o the Boynton Beach Landscape Code. - Two Residential, Single Family Attached (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. Examoles of' single-family attached dwellings include duplexes and townhomes. Residential, Mulfi-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 bull( 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 DP.AFT of September ] 2001 Page 9 Requested City Comrmssion _M_eeun~ Dates [] November 20, 2001 [] December 4. 2001 VI'TL-PUBLZC HEAR 'NG ZTEF,t B, CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date FinaJ 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 5,200! (5:00 p.m.) December 19, 2001 (5:00 p.m.) Requested City Commission Meetinu Dates [] January 15. 2002 [] February 5. 2002 [] February 19, 2002 [] March 5, 2002 Date Final Form Must be Tinned in to City Clerk's Office January 3, 2002 (5:00 p.rmi January 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.rc~ ~ February 20, 2002 (5:00 p.ro. NATURE OF AGENDA ITEM [] Admiinsla'ative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Un(m/shed Business [] Announcemem [] Presentation [] City Manager's Report RECOMMENDATION: Please maintain this request on the December 4, 2001 City Commission Agenda under Public Heating, noting that it has been tabled to the Comnussion meeting on December 18, 2001, thereby discontinuing the process of the companion Land Use Plan Map Amendment within the current state amendment cycle. The scheduling for this project is being revised to allow needed time to resolve issues regarding impact on property values, continuation and reconan, uction of unn.conformmg uses. and project scope (c.g. project area). For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 01-244. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: FEDERAL HIGHWAY CORRIDOR REZONING (tI~',7,N 01-003) City of Boynton Beach Numerous property owners. Federal Highway Corridor segment located between the C- 16 canal on the north and Woolbright Road on the soutk botmdedby the Intracoastal Waterway on the east and the dght-of-wa.v of the Florida East Coast (FEC) Railway on the west. Request to rezone to Mixed Use (MU) various properties with conanercial and residential uses totaling 104.92 acres idantified on the accompanying location map as Parcel 2 (see Exhibit A), zoned Central Business District (CBD) and Multi-family Residential (R-3). PROGRAM IMPACT: N/A ]FISCAL IMPACT: N/A ALTERNATI~ N/A l~lo~ane~cD ~tr tm'ia Director Caty Manager s Slgnalllre ~'~' -' - ~'PlazminingCa' and ~oinng Dir~rr City Attorney Finance / Human Resources. 01 S:kPIanningkSHARED\W~ PROJECTSkFederal [l~ighway Comdor l~evelopment Plan FolderXAgenda Item Request Fed Hwy US I Comdor (Pd3ZN - 003/tabled to 124-01.doi S:kBULLETINSFORMS~AGENDA 1TEM KEQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01-244 TO: FROM: THROUGH: Dick HudJ~b~'f~enior Planner Quintus Greene Director of Development DATE: November 1,200t Project/Applicant: PROJECT DESCRIPTION Federal Highway Comdor Rezomn~ (REZN 01-00o and REZN 01- 004) Agent: City of Boynton Beach Location: Federal Highway Corridor segment between the Boynton (C-16) Canal on the north and Woolbright Road. on the south and lying between the Intracoastal Waterway on the east and the right-of-way of the Florida East Coast (F£C) Railway;on the west, except for the single-family subdivisions located on the east side of Federal Highway south of Sterling Village Condominiums and-north of Snug Harbor Condominiums. File No: (1.) Rezoning (REZN 01-003) (20 Rezoning (REZN 01-004) Property Description: (1.)' Various properties with commercial and residential uses totaling 104.92 acres identified on the accompanying location map as Pared 2 (See Exhibit A), zoned Central Business District (CBD) and Multi-family Residential (R-3). (2.) Various properfi~ With Commercial and residential uses totaling 236.73 acres identified on the accompanying location map as Pared 1 and Parcel 3 (see Exhibit B), zoned Single-family Residential (R-I-AA) & (R-I-A), Duplex Residential (R-2), Multi- family Residential (R-3); Office/Professional (C-I), Neighborhood Commercial (C-2), Community Commercial (C-3) and General Commercial (C-4). Proposed change/use: (1.) To rezone properties described in (I) above from Central Business District (CBD) and Multi-family Residential (R-3) to Mixed Use (MU). (2.) To rezone properties described in (2) above from Single: family Residential (R- 1 :A.A) & (R- l-A), Duplex Residential (R-2)3 Multi-family Residential (R-3), Office/Professional (C-I), Page 2 Federal Highway Corridor Rezoning File Number: KEZN 01-003 & REZN 01-004 Neighborhood Commercial (C-2), Community Commercial (C-3) and General Commercial (C-41 to Mixed Use Low (WIU-L). Adjacent Land Uses and Zoning: North: Right of way of the Boynton (C-16) Canal, then developed properties designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3) along Federal Highway and east for _+300 feet then developed property designated Low Density Residential (LDR) and zoned Single Family (R-I-AA) east to the Intracoastal Waterway. South: Right-of:wayofWoolbrighr Road, then developed property designated Local Retail Commercial (LRC) and zoned Communir/Commercial (C-3). East: West: tntracoastal..Waterway and developed single-family residential proper~y both within the City of Boynton Beach and outside the City. Right-of-Way of the FEC Railroad. then developed properties with land use and zoning as follows (from north to,south): Medium Density Residential (MeDR) land use and Duplex Residential (R-2) zoning; Loeal Retail Commercial (LRC) land use and Neighborhood Commercial (C~2) zoning; Industrial (I') land use and Light Industrial (M-I) zoning; Local Retail Commercial (LRC) land use and Commumty Commercial (C-3)zoning; Lo~v Density Residential (LDR) land use and Single Family Residential CR-1-A) zoning; then Industrial (I) land use and Light Industrial (M-i/zoning. BACKGROUND In January 2001, the City adopted text amendments to the Comprehensive Plan to enable the preparation of redevelopment plans as recommended by the Boynron Beach 20/20 Redevelopment Master Plan. In May 2001~ the City Commission adopted the fzrst of those redevelopment planS, the. Federal Highwav Corridor Communitv Redevelopment Plan, and on July 17, 2001, the Commission approved transmittal ora land use amendment for this area that provides the basis for these proposed rezonings. In concert with the adoption of the land use amendment, the Land Development Regnlations are being amended, puranant to recorranendations of the Federal Hi.~,hwav Corridor Community Redevelopment Plan. The proposed changes to the Land Development Regulations, in parr, convert the existing regulations for the Central Business District ICBD) zoning district ro the proposed Mixed Use (MU) district. This ne~v designation. "Mixed Use" (MU), is being applied to the same general area Currently under the old CBD zoning. A second and less intense zoning district has been created similar to the existing CBD · ---'n~, district "Mixed Use Low (MU-L), is proposed to regulations. The second and less Intense ~u~, = be applied to properties that lie west of the lntracoastal Water~vay and east of the Florida East Coast (FEC) Railway in two areas flanking the existing CBD. The first is situated be~veen the C-16 canal and NE 6th Court~ north of the CBD and the second is situated ber~veen SE 2"~ Avenue and Woolbright Road to the south of the CBD. These are the geographic areas that are the subject of this rezoning. The rezonings will, however, not become effective until such rime as the land use amendment becomes effective. Page 3 Federal Highway Corridor Rezoning File Number: REZN 01-003 & REZN 01-004 The new zoning regulations, in par~, are intended to preserve existing and established neighborhoods, phase out undesirable intensive commercial uses, estabhsh progressive lot restrictions to optimize uses, land usage, and pedestrian environments anO increase residential opportunities in order to provide the critical mass necessary to support downtown redevelopment efforts. PROorECT ANALYSIS The criteria used to revie~v Comprehensive Plan amendments and rezonings are:iis~ed in Chapter 2,. Section 9, Adminisi~atiO/t'and'Enforcement, It~C': :Comprehena. iwe. ptan ~endm~n~.~' . . Rezonings, of the Land Development K&gu~ationsi and. ~.re. quire6mbe pja~ti¢£~ ;~alysis. YrTtether the proposed rezoning w~utd be consisteltt~ with appIicaOl~ei co~pqehensive plan policies including but not limited to~ aP~.ttibitio~ agains( any ~ncreaSe in dwelling unit densi~ ~ceeding 5~ in (he hurricane evacuation zone without wriaen appr~al of the Palm~Beagh :Cqu~ Emergen~ ~lanoing D~ision and the Ci~'s risk manager. ~The planning dqpg~t_~nt ~haa also recommg~l~it~ions or requ~ements, which would have ~a bg}(~s~n :,u,sequent d~{o~ ~of the prope~, in order to comply ~ah pOHcies b~nt~ d in the c~m~ ~e~en~v~an. Policy t.9.5 of the Land Use:Element states: . "The City, by 2002, shall conduct studies and/or prepare redevelopment plans for areas designated by the Primary Target A~eas ~erlay."The plan's ~3all. in part, implement or further the adopted B~ oyn~an Beach 20/20 Redevelopment Master Plan with use provisions~ develOPment ~ta~grd~ and design ~criteria, which may address mtblic imz~rovements, infrastructure b~4ildingplaceme~t, archTtectural Character, Implementaton-mechan~stns~ may iltc~ude, ~ut are not l!~ted (q, ddo~t~on Of overlays in the land development }egula~'ons, =ame~idm*nis to la/rd developme{~t regulations, and/or through rezoning ro new or existing districts. The Primary TargetAreas which shall be studied include but are not necessarily limited to: · Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; · U.$.lfrom north to south city limits, · Boynton Beach Boulevard from U.S. 1 to ~r-95; · Ocean Avenuefrorn the 2~rarina to ~eacrest Boulevard: and: · Golf Road between U.S 1 and Seacrest Boulevard. Each Primary Target Area shall ultimately be delineated appropriately on the Future Land Use Map. Until such time as the studies can be conducted and mechanisms zmplemented for such an area; public investment - in terms of infrastructure - shall be minimal. Ifa private developmenr proposal is made within a redevelopmenr area. one of the following options shall be pursued: · Acceleration of the redevelopment plan overlay district and deferral of the land use request until the plan ts co~npleted, Page 4 Federal Highway Corridor Rezomng File Number: REZN 01-003 & REZN 01-004 · Consideration of the use request on its own merits with the existing zomng and policies of the Comprehensive Plan guiding the disposition of the request; and/or · The use ora morarortum or variation of the "zoning in progress" process." and Policy 1.16.1 of the CiB, of Boynton Beach Comprehensive Plan defmesMixed Use as follows: "This land ~se category shall consist of all Central Business District zoning districts and/or any zoning district(s) which may be established subsequent ~o the adoption of the Plan provided that all of the abovementioned zoning districts are shown on the Future Land Use Map Within the Mixed Use land use category. The uses allowed in this land use category shall be limited to, bur shall not necessarily include the following: All uses located in the Local Retail Commercial land use category, plus all uses located in the High Density Residential Land Use Category; however, residential and hotel/motel densities up to 40 dwelling units per acre are permitted. All land development located in the Mixed Use category shall be required to submit a plan which includes a single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category." The proposed tezonings are consistent with policy 1.9.5 of the Future Land Use element and are actions recommended to implement the adopted plan for the U. S i corridor (see Exhibit "C" Redevelopment Pro~rams and Projects): The rezonings will encourage redevelopment and thrill development on vacant and underutilized properties in this part of the C. R. A., by allowing a greater range of uses and ahigher density and intensity ofdeveloprnent. The higher density and intensity will also increase oppommities for utilization of transportation alternatives to the automobile. The Federal Highway corridor is one of the major north-south routes for Palm Tran, the coudty's transit service, and increased density w/Il theoretically lead to increased ridership. The amendment is consistent~with objectives of the "Easnvard Ho" initiative and furthers li Plan" ' both the numerous policies foUnd in the "Treasure Coast Strateomc Re~onal Po cv m "Future of the Region. and Econom~c Development sections. Those policies include: Future of the Region Policy 2.1.2.2: Encourage densification of and investment in established cities, towns and vilIages. Policy 5.1.1.2: Redevelop obsolete retail/commercial centers within well- developed urban areas as an effort to discourage urban sprawl. Proposals for redevelopment may include the following site design features: a. Design a fine network of streets that continues and enhances the establishment of the adjacent neighborhoods. b. Include a mix of uses that complements the existing activities of the city, town or village. Page 5 Federal Highway Corridor Rezoning File Nttmber: REZN 01-003 & P,.EZN 01-004 Policy 5.1.1.3: Encourage deyelopment around transit ?ations: Proposals should: a. Develop intense mixed-use projects within a quarter mile radius of the station.. b. Include a fine-grained network of streets detailed tO:oPtimize the comfort and safety of pedestrians and bicyclists. c. Inelade high-density residential areas, to .e~.ahance the feasibility of transit. Economic Derek?merit · ~ Pol~by 3~4~::.t: Encourage the use.o~.qomPact, m~:us~d~,elopmem and redevelopment projects ,that ~¢ l¢~qs,ti3¢:t~:s~e, ha~'~ imp~c~0 the natural environment~ and help strengthen the eeonornics of existingurb~' areas. FFhether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unre!a~ed to adjacent grid nearby districts, or would constitute a grant of special~rivilege to an individual property owner as contrasted with the protecti°n ofthe p~hliC wel~re.. The proposed rezoning will continue the adjacent established land use pattern and, at the same time, permit a greater range of uses in single developments within the designated Community Redevelopment Area that will, in mm, encourage redp'qel0pment, and infill development c. FP~hether changed or changing conditions make the proposed rezoning desirable. The increasing awareness of the importance ofredeveI0pment and enhancement of the traditional coastal business centers as opposed to continued westward sprawl Coupled With a desire to provide opportunities for economic revitalization have made these rezonings both necessary and desirable. d. [Fhether the proposed use would be compatible with utility systems, roadways, and other public facilities. Adequate water and sewer capacity exists to support redevelopment within this part of the City. Redevelopment and infill projects will be reviewed on an individual basis, gsa part of the site plan review process, to determine utilities service requirements. With respect to solid waste, the SWA has stated within a letter dated January 8, 2001, that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. Traffic ~mpacrs and conformance with the Palm Beach County Traffic Performance Standards Ordinance will be analyzed at site plan approval stage for any commercial portions of development or redevelopment projects. Palm Beach County exempts res!dential projects situated east oft-95 from review under the Traffic Performance Standards Ordinance. Drainage wil! also be reviewed in detail as part of the site plan review process and m~st satisfY all requir~nehts0f both the city and local drainage permitting authorities. Page 6 Federal Highway Corridor Rezon/ng File Number: REZN 01-003 & REZN 01-004 e. }l~hether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezonings will be compatible ~with current.and future u~ses ofadjacent prop. erties. Safeguards, including buffering of more intense uses and distance separations, are bmlt ~nto the proposed land development regulations to protect values of adjacent and nearby properties. Densities of existing residential development along the coast range between 4.84 and 45.7 dwelling units/acre. VrTtether the property is physically!and economically dqve!t>!~abt~ under the existing zoning. While the property being considered in thase:r~,ez?~gs is de:~e~opable.,and mdevelopable under the existing land use designations, the rmlgO ~g~:~ limi~ecLand/0~ ~o~'n6i serve to emhance ' the corridor to the extent that the propos.i6 artien~dn{ent would allow:: · '~ . : ~hether the ro osed rezongng i~:of a, xcale which is r~aSonabl~3? related to the needs of the neighborhood and tlre ct~ ~as a whole. The scale of the proposed rezonings is reason~ly r.e~ted m t~e ne~dg ~:~ .~ area and the city as a whole, and will permit the establist~ment of a hierarchy of uses leading ~;~e~,d0wntown area..~ , Develo ment and redevelopment in the corridor is eXpectedt9 cg~!°nCb~borhood-serving commercial uses, encourage a range of residential sty[es arid mtens~B?$ ~9 ,reate an aesthetically pleasing environment. h. }Yhether there are adequate sites elsewhere in the city.for th~ proposed use, ht districts where such use is already allowed. The existing area currently designated "Mixed Use" does not ade~uate!y provide for the revitalization and redevelopment of the traditional downtown of the City, as recogrfized by the "Federal Highway Corridor Community Redeveto,ament Plan." The rezonings will allow for a transition from the lesser intense development aJ the ,north and seut~ ends of the corridor to the more intense development permitted in the City s Cdntral Business District. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan and with the compamon future land use map amendment; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible xvith adjacent land uses and will contribute to the overall economic development of the City. Therefore, staffrecommends that the subject requests be approved. ATTACI-1}d'ENT S Location Attachment "A" Parcel 2 4000 Feet Location Map aO00 Feet Attachment "B" EXHIBIT "C" REDEVELOPMENT The programs and strategies discussed in Section eliminate or decrease the blJ Redevelopment Area, as Comprehensive Plan Amendments: Recommendation subcategories o the current language as appropriate. 'l~h H) and the other a Mixed to th~-¢o~ downtown area, wh/ch is Planning z to the g~reway commumries, which are Planning be less intense than the MU-H, with an Purpose: This will establish the requisite legal basis for land use plan and code amendments. Recommendation 2: Amend the Future Land Use Plan Map to redesignare the downtown, Area III, as Mixed Use-High, and to redesignate the gare~vay communities, Areas II and W, as Mixed Use-Low. Purpose: This will establish the desired hierarchy of land uses leading into the downtown area. 82 New Develovment Standards Recommendation 3: Create development standards for the MU-H district. Specifically consider eliminating restrictions on density, bur maintaining control of the visual appearance of development. Creative, well planned development will be able to provide additional residential units that will contribute positively to a vibrant and successful downtown while meeting height limitations impOSed by the City. According to the current provisions in the zoning code, height is restricted throughout Boynton Beach to 45 feet with a maximum Central Business District density of 40 units per acre and a conditional maximum height of 100 feet. Because of the very compact area of the downtown in combination with the desire to make the downtown a clear focal point in the community, this intensity of development is not sufficient to achieve the desired goals for downtown development and redevelopment. As a result, the City should not include a density maximum in the future MU-H, which is the recommended designation for Area/ff. and increase the maximum height in Area III from 100 feet to 150 feet. This will create a more prominem visual focal point and establish the desirable level of activity in the downtown area. Additionally, consider eliminating the following uses that may otherwise be permitted or conditionally permitted in the current CBD zoning category: Auction houses Bus terminals Drive-thru facilities Funeral homes Motels (not hotels) Outdoor storage or display 83 rn Pr/vale parking garages (allow public parking garages) Vehicle related uses, such as: gas stations; auto parrs, storage, rental, display, repair facilities; detailing or car washes Consider allowing the follOwing that are otherwise conditionally permitted or not addressed in the current CBD zoning category: r~ Allow multi-family residential uses as a permitted rather than conditional use if the entire first fiooris dedicated m ~o~.ercial, retail or office ~u5es cn Specifically encourage ~ouris,t oriented uses that have a water orientation Purpose: This will encourage, development and redev, el0pmem that is pedestrian and not automobile oriented, as well provide an attractive development environment for a conference style hotel. Recommendation 4: Create development standards for the MU-L district. Specifical, ly, as with the MU-H district, consider eliminating restrictions on density, but maintaining control of the visual appearance of development through height limitations. Increase the maximum heio~ht in these two areas only ro 75 feet and eliminate density requirements. This height is half of that which is recommended for the downtown area and will provide an appropriate transition from the gateway communities to the central business area. In addition, consider eliminating the following types of vehicle oriented, non- nei~hborhood serving uses that may be otherwise permitted in the current gateway neighborhoods: Adult entertainment establishments Auction houses Bus terminals Lumber yards and building material stores, including sales to contractors Rooming and boarding houses 84 Sale 6fammurfition and firearms Taxicab parking Trade or business labor pools Outdoor storage and display Vehicle and ,boat Service related uses, such as: gas stations; auto pans, storage, rental, display, repair facilities; detailing or vehicle washes [] Wholesaling Consider allowing regulations that provide for the following: [] Grocery or food stores sized between 15,000 square feet and 30,000 square feet Drive-thru facilities only as a conditional use Purpose: This will establish an aesthetically pleasing, logical transition into the downtown area; provide for neighborhood serving uses rather than those that are transient or vehicle oriented; and, provide additional population to support the doxvntown. Recommendation 5: Create new zoning districts for the K1A and R1AA communities east of Federal Highway, proximate to the Intracoastal Waterway that would allow for redevelopment of lots with ~eater lot coverage and reduced front, side and rear yards. Purpose: This would encourage redevelopmenr of water oriented lots with residential units that would provide a substantial increase in ad. valorem revenues. Zonin~ Code Amendments Recommendation 6: Provide for appropriate locations of houses of worship, schools and similar institutions to ensure that they have a balanced distribution throughout the community. Purpose: Such regulations ~vill ensure a balance of these community serving land uses throughout the City. 85 Recommendation 7: Protect residential neighborhoods. It has been generally recognized that there are some uses which, because of their very narare, are identified as having serious objectionable characteristics. Specifically, there are studies that exist that demonstrate that adult uses result in an adverse secondary effect on adjacent properties. Further, it is recognized that local governments have powers to regulate establishments that serve alcoholic beverages. As a result, the City should consider developing regulations for the placement of facilities that serve alcoholic beverages, particularly adult entertainment facilities that serve alcohol because the deleterious effect on surrounding areas that have already been declared to be in a blighted condition. Distance separations between land that is land use planned or zoned to allow residential uses and facilities that provide for the sales of alcohol should be established in the range of 750 feet to 1,500 feet, consistent with requirements in other municipalities. The ability of adult facilities that serve alcohol that do not meet the distance sephrafion requirement should be amortized. Recommendation 8: Develop signage standards that address in detail issues such as sign height; width; style; lettering; color; placement; landscaping; and, content. Define signage, including a definition concerning advertising on commercial vehicles and prohibition of parking such vehicles in a manner that constitutes siguage proximate to the right of way. Reqmre new signs or substantial repairs to ex~sting signs to comply with the regulations. Purpose: Detailed sign reg'ulations will greatly enhance the appearance of the corridor. 86 Design Criteria Recommendation 9: Develop a design program for structures, signage and street furniture, that includes the implementation of a color palate and architectural themes in the context of the downtown and gateway commuuities. Purpose: The program will create a sense of identity and visual appeal for the redevelopment area. Recommendation 10: Create land development regulations for Areas II, III and IV that address building placement, parking, parking location, mixed uses, and pedestrian chanalization. Incorporate the following guidelines: Landscape programs and standards should be developed Parking for uses should not be located contiguous to Federal Highway Shared parking standards should be reviewed Standards for payment in lieu of providing parking should be developed for Area Iit Building on Federal Highway should have the appearance of multi-story structures n Incentives should be provided for developmg mixed use projects Pedestrian unloading or drop-off areas should be considered as a requirement Standards to identify n~des of activity, such as signalized intersections, should be developed within the corridor Structures should be designed to discourage mid-block crossings on Federal Highway by providing pedestrian access at the comers of intersections Purpose: Development standards will create a sense of place, reduce the blighted appearance, and enhance the aesthetic appeal of the Federal Highway Corridor. Specific Pro~ects to Implement RedeveloCment Project 1 - Convention Hotel: Assemble a three ro five acre size parcel of land in the downtown, which is Area III, and market it for a convention style hotel. The market analysis contained in Section IV of this study indicates that there is a market 87 niche in Bdynton Beack for a water oriented convention type hotel recommended in the 1984 CRA plan. While acquisition of land for use as a hotel site may eliminat~ some of the retail uses fi:om the tax base, the net result wouldbe a significant increase in the tax base. The increase would result fi:om new construction designed for better utilization of land. For example, in the year 2000, the Lake Worth water oriented hotel, ,~hich is of m~nimal convention size, had a taxable value of more than $2.5 million that resulted in ad v~lorem · revenues of $69.6 thousand. Similarly, the Delray hotel property had a total iaxable value of more than $19.9 million for total ad valorem revenues of almost $524.8 thousand, while the Manalapan proper~y was valued at $64.4 million for a total of $1.22 million in ad valorem revenues. Project 2 - Public Parking: Assemble property in the downtown area, which is Area 1II, on the west side of Federal Highway 'for use as surface p~king. As demand increases, the property could be developed as a parking garage to serve the downtown area. The garage could contain mixed uses ar grade level and on upper stories to enhance activity in the downtown. Project 3 - City Entrance $ignage: Clearly mark the arrival and departure points to the City of Federal Highway by installing visible, attractive signs at the appropriate locations. Remove any existing signs that are no longer at the entrance to the city due to municipal expansion. Consider identifying the downtown and gateway communities as well. Project 4 - Establish a Public Presence: All planning areas except planning Area II have some type of public presence. Establish a highly visible public use in Area 88 II. A libr~'y, fire station or police substation would be an ideal use in tiffs area m provide service to the northern portion of the city. Location on the west side of Federal Highway would be preferable for fire or police facilities to reduce noise impacts on adjacent residential uses. If a public facility is located on the west side, the CRA should work with the Department of Transportation to obtain a median oper2ng for emergency vehicles. Project 5 - Address Outdoor Storage: Outdoor storage and display presents visual blight at both the south end of the corridor and in Area II. At the south end of the corridor, where outdoor display is located largely in the unincorporated areas of Palm Beach County. The City should initiate efforts to work with Palm Beach to discontinue this practice. In the remaining areas that are within the City of Boynton Beach, the CiD' should amortize out the outdoor storage and display w/thin the Federal Highway Corridor. Project 6 - Provide Pedestrian Crossings: At major node~ of activity such as signalized intersections, implement a program for unique materials and designs for pedestrian crossings. In addition, work with the Deparmaem of Transportation to "bulb out" the sidewalks at these intersections. This will afford pedestrians slightly more non- vehicular area, and tends to have the effect of slowing traffic somewhat because of the visual perception of small travel lanes. 89 Requested City Corcamssioa ~ pates [] November 20, 2001 [] December 4, 2001 [] December }8. 2001 [] January 2, 2002 VIII.-PUItLI¢ HEARING ITEM B. 3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOP, xvt Date Final Form Must be Turned m m~!grk's Office November 7, 2001 rS:00 p.m.) November 21, 2001 (5:00 p.m.) December 5, 2001 (5:00 p.r~) December I9, 2001 (5:00 p.m.I Requested City Cormmsmon ~M _e~tin~ Dates [] January 15,2002 [] Februa~ 5. 2002 [] February [9, 2002 [] March 5, 2002 Date Final Form Must be Turned ~ 9~ CiW Clerlq'_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 [] Admirdslxative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [-'1 City Manager's Repor~ 2001 City Coramission Agenda under Please maintain this request on the December 4, RECOMMENDATION: Public Hearing, notmg thar it has been tabled to the Commission meeting onDecember 18,2001 thereby discontinuing the prOCeSS of the compaaion Land Use Plan Map Amendmanr within the current state amendment cycle. The scheduling for this project is being revised to allow needed time to resolve issues regarding impact on property values, continuation and recousmtction ofnon_coaformmg uses, and project scope [e.g. project area). For further details pertaining ro the request, see attached Deparunem of Development MemorandumNo. PZ 01-244. EXPLANATION: PROJECT NAME: AGENT: oWNER: LOCATION: DESCRIPTION: FEDERAl- HIGHWAY CORRIDOR REZONING (REZN 01-004) City of Boyaton Beach Numerous property owners. Federal Highway Corridor segment located between the C-16 canal on the north and Woolbright Road on the south- bounded by xhe Intracoastal Waterway on the east and the right-of-way of the Florida East Coast (FEC) Railway on the west. Request to rezone to Mixed Use-Low (MU-L) various properties with commercial and residential uses totaling 236.73 acres identified on the accompanying location map as Parcel 1 and Parcel 3 (see Exhibit B), zoned Single-family Residential (R-I-AA) & (R- I-A), Duplex Residential (R-2), Multi-family Residential ~R-3), Office/Professinnal (C- 1), Neighborhood Commercial (C-2), Comaramity Commercial .C-3) and General Conmaercial (C4). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A /Q ~ De~etop~ D~t~ectut / ~" ' pl~d Zo~g Dk~ ~ ........ daI~ uest~edH~US 1Co~dor(~0 - S :~l~ning~D~RO~CTS~ed~l~i~way C°~d~ ~d~elo~t man ro~u~r~ q - S:~LE~O~S~GENDA I~M ~Q~ST FO~-D~ MEMORANDUM NO. PZ 01-244 TO: ,~ ,Chairm~.~t~,. ,Board. Memb ers FROM~.. .Dick Hud~l~enior Planner THROUGH: .Quintus Greene Director of Development DATE November 1, 2001 Project/Applicant: PROJECT DESCRIPTION Federal High~vay Corridor Rezoning (REZN 01-003 and 1LEZN 01- 004) Agent: City of Boynton Beach Location: Federal Highway Corridor segment between the Boynton (C-16) Canal on the north and Woolbright'Road on the south and lying between the Intrac0astal Water~vay on the east and the right-of-way of the Flor/da East Coast (FEC) Railway.on the west, except for the single-family subdivisions located on the east side of FederaI Highway south of Sterl/ng Village Condom/niums and north of Snug Harbor Condominiums. File No: (1.) Rezoning (REZN 0t-003) (2.) Kezoning (REZN 01-004) Property. Description: (1.) Various properties ~vitt/~ommercial and residential uses totaling 104.92 acres identified on the accompanying location map as Parcel 2 (see Exh/bit A), zoned Central Business District (CBD) and Multi-family Residential (R-3) (2.) Various properties with commercial and residential uses totaling 236.73 acres identified on the accompanying location map as Parcel I and Parcel 3 (see Exhibit B), zoned Single-family Residential (R-I-AA) & (R-I~A), Duplex Residential (R-2), Multi- family Residential (R-3), Office/Professional (C-I), Neighborhood Commercial (C-2), Community Commercial (C-3) and General Commercial (C-4). Proposed change/use: (1,) 2'9 rezone properties described in'(I) above from Central Business District (CBD) ~afid Multi-fam~l~ l~esidential (Rr3) to Mixed Use' (~IU). (2-) To rezone properties described in (2) aboVe from Single- family Residential (R-I-AA) & (R-i-A), Duplex Residential (R-2), Multi-family Residential (R-3), Office/Professional (C-l), Page 2 "' Federal Highway Corridor Rezoning File Number: tLEZN 01-003 & REZN 01-004 Neighborhood Commercial (C-2), Community Commercial and General Commercial (C-4) to Mixed Use Low (MU-L). Adjacent Land Uses and Zoning: North: Right of way of the Boynton (C-16) Canal, then developed properties designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3) along Federal Highway and east for +300 feet then developed property designated Low Density. Residential (LDR) and zoned Single Family (R-1-AA) east tc the Intracoastal Waterway. South: Right'of-way of Woolbright Road, then developed property designated Local Retail commemial (LRC) and zoned Community Commercial (C-3). East: Intracoastal Waterway and developed single-family residential property both within the City of Boynton Beach and outside the City. West: Right-of-way of the FEC Kaikoad, then developed properties with land use and zoning as follows (from north to south): Medium Density Residential (MeDR) land use and Duplex Residential (R-2) zoning; Local Retail Commercial (LRC) land use and Neighborhood Commercial (C-2) zoning; Industrial g) land use and Light Industrial (M-I) zoning; Local Retail Commercial (LRC) land use and Community Commercial (C-3)zoning; Low Density Residential (LDR) land use and Sin~e Family Residential (R-I-A) zomng; then Industrial (I) land use and Light Industrial eM-l) zomng. BACKGROUND In Janum'y 2001, the City adopted text amendments to the Comprehensive Plan to enable the preparation of redevelopment plans as recommended by the Bovnron Beach 20/20. Redevelopment Master Plan. In May 2001; the City Commission adopted the first of those redevelopment plans, the FederaI HiKh+vav Corridor Community Redevelopment Plan, and on July 17, 2001; the Commission approved transmittal of a land use amendment for thL area that provides the basis for these proposed rezonings. In concert with the adopnon of the land use amendment, the Land Development Regulations are being amended, pursuant to recommendations of the Federal Hishwav Corridor Community Redevelopment Plan. The proposed changes to the Land Development Regulations, in par;, convert the existing regnlations for the Central Business District (CBD) zomng district to the .... ' se (MU), is being applied proposed Mixed Use ('M-t!) dish-icl. This new demgnataon, Mixed U" to the same general area currently under the old CBD zoning. A second and less intense zoning district has been created similar to the existing CBD regulations. The second and less intense zoning district "Mixed Use Low (ivfU-L), is proposed to be applied to properties that lie west of the Inrracoastal Waterway and east of the Florida East Coast (FEC) Railway in two areas flanking the existing CBD. The first is situated between the C-16 canal and NE 6th Court, north of the CBD and the second is situated between SE 2"~ Avenue and Woolbright Road to the south of the CBD. These are the geog-raphic areas that are the subject ofth~s rezoning. The rezoni.ngs will, ho;vever, not become effective until such time as the land use amendment becomes effective. Page 3 Federal Highway Corr/dor Kezomng File Number: REZN 01-003 8: REZN 01-004 The new zoning regulations?.in pan;,are intended tO preserve e~sfi~ng:and establ/shed neighborhoods, phase out undesirable intensive Commercial uses, establish progressive lot restrictions to optimize uses, land usage, and pedestrian environments and i~crease resi.d, entiaI oppormn/ties in Order to provide the critical mass necessary to support downtown redevelopment effort . ' The criteria used to review ~omPret~ensiv~ ?lan amendments and rezonings are listed in Chapter 2, Sectio~i 9, iAdm ~histration ~nfo~'c'e~d~ ~te~; C~ehensive Plan ~4mendme~ts-. Rezqmngs, of the Land Development Eegttl~atrona and. are,i~quired: to be pag~ :o(a~s~ ,a/f. an~Iysis. a. Whether inc~easein evacuation zone without property, in Policy 1.9.5 of the Land Use Element, states: "The City, by 2002, shall conduct stud~jes, and/orprepare redeu~(opment plans for areas designated by the Primary Target ~s ~)verlay. ' ~e pla/zs shall, in pa)t, implement or with use wh,ich, may address public improvements,: [mfllem~ntatton in the land and/or through rezoning to The Primary Target Areas which shall be studied include but are nor necessarily limited to: Martin Luther ~ing Bozdevard from ~eacrest Boulevard to U. S. I; U.&l from north to south city limits, Boynton B&acli 'Boulevard from gS: Z to 1-95: Ocean Avenue from the ~!/£arina to Seacrest Boulevard; an& Golf Road between U.S I and Seacrest Boulevard Each Primary Target Area shah ultimately be delineated appropriately on the Future Land Use Map. 'Until,such time as. the studies, ca:n be conducted and mechanisms implemented for sUhh an ~rea, public investm=ent ~ in Jerms ofit~'astructure - shall be minimal. £f apr~vate d~elopment pr°Posal is made within a redevelopment area. one of the following Options shall be pursued: · AcCeleratiOn of the redevelopment plan overlay district and deferral of the land use request until the plan is completed: Page 4 ...... Federal Highway Corridor Kezoning File Number: REZN 01-003 & RE22q 01-004 · Consideration of the use request on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request;' and/or · The use of a moratorium or variation of the ~'zoning in pro~m'ess" process." and Policy 1.16.1 of the City of Boynton Beach Comprehensive Plan defines Mixed Use as follows: "This land use category shall consist of all Central Business District zoning districts and/or any zoning district(s) which may be established subseqz,ent to the adoption of the Plan provfd~d that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Mixed Use land use category. The uses allowed in this land use category shall be limired to, but shall not necessarily include the following: All uses located in the Local Retail Commercial land use category, plus all uses locared in the High Density Residential Land Use Category; however, residential and hotel/motel densities up ro 40 dwelling units per acre are permitted. All land development located in the J,IL~ed Use category shall be required to submit a plan which includes a single un~ed desigu for the project~ and shall conform to any adopted design plan(s)for the area covered by the category." The proposed rezonings are consistent with policy 1.9.5 of the Future Land Use element and are actions recommended to implement the adopted plan for the U. S. 1 corridor (see Exhibit "C" Redevelopment Programs and Projects): The rezonings will encourage redevelopment and infill development on vacant and underutihzed properties in this part of the C. R. A., by allowing a greater range of uses and a higher density and intensity of development. The higher density and intensity will also increase oppornmities for utilization of transportation alternatives to the automobile. The Federal Highway corridor is one of the major north-south routes for Palm Tran, the county's transit service, and increased density will theoretically lead to increased ridership. The amendment is consistent with objectives of the "Eastward Ho" initiative and furthers numerous policies found inthe "Treasure Coast Strate~c Regmnal Pohcy Plan mboth "F~ lure of the Region" and Economic Development ' sections. Those policies include: Future of the Region Policy 2.1.2.2: Encourage densificanon of and investment in established cities, towns and v/llages. Policy 5.1.1.2: Redevelop obsoIete retail/commerciaI centers ~vithin well- developed urban areas as an effort ro discourage urban sprawl. Proposals for redevelopment may include the following site design features: a. Design a fine network of streets that continues and enhances the establishment of the adjacent neighborhoods. b. Include a mix of uses that complements the existing activities of the city, town or village. Page 5 Federal Highway Corridor P, ezoning File Number: KEZN 01-003 & REZN 01-004 Policy 5.1.1.3: Encourage development: around transit stations. Proposals should: a. Develop intense mixed-use projects Within alqUartef~e radius of the station. b. Include a fine-grained network of streets detailed To optimize the comfort and safety of pedestrians and bicyclists. c. Include:hi~-.density, reside~tial areas, to enh~ance the feasibility of transit Economic Development: olicy 3:.d,A ~1~ Encour'4,ge ~ u~se ~f comp~¢~ trax-usc devel0pment a2d redevelopme~t~g~e~ts tha~ are ies~iCosttY i~ s~rvei h~¥~ ~s~pac~itoi~the natural environment, and kelp strengthen the economics 6fe>~isting m-ban'ar~a's. b. Whether the proposed rezoning would be contrary to the established land use Pdisattern, or would'~reate an isolated district unrelate..d to adjace!tt and ~rby tricts, or would Constitute a grant Of specialprivtlege to aj~ iitdividU~t!property owner as contrasted with theprotection ofthe pttb~lic w~lfdre. ': ' The proposed rezomng will :ontinue the adjacent established land use pa~ttem and, at the same time, permit a greater range of uses in single devel0Pme?t~,within the,de}ignated Community Redevelopment Area that will, in turn, encourage redevelopment and m~il development. c. Whether changed or changing conditions make the proposed rezoning desirable. The increasing awareness of the importance of redevelopment and~enl-za,ucgmer3t of the traditiona: coastal business centers as opposed to continued westward sprawl ¢ou'p~e~d with a desi~-e to provide opportunities for economic revitalization have made these rezonings both necessary and desirable. d. Whether the proposed use would be compatible with utili~y systems, roadways, and other public facilities. Adequate wa~er and sesver capacity exists to supporz redevelopment within this part of the City. Redevelopment and inffll projects will be reviewed on an individual basis, as a pan of the si~e plan review process, to determine utilities service requirements. With respect to solid waste, the SWA has stated within a letter dated January 8,200~, that adequate capacity exists to acconnnodate the county's mtmicipalities tkroughout the t0:year planning period. Tfaffic impacts and conformance with the Palm Beach County Traffic Performance Standards Ordinance will be analyzed at site plan approval stage for any commercial portions of development or redevelopmem projecls. Palm Beach County exempts residential projects situated east ofi-95 from review under the Traffic Performance Standards Ordinance. Drainage will also be reviewed in detail as part of the site plan revie~v process and must satisfy all requirements of both the city and local drainage permitting authorities. Page6 Federal Highway Corridor Kezoning File Number: REZN 01-003 ak KE22~ 01-004 e. }Vhether the proposed rezoning would be compatible with the curren~ and future use of adjacent and nearbypropertieS, or would affect th~proper~ values of adjacent or nearby properties. The proposed rezonings will be compatible with current and future uses of adjacent properties. Safeguards, includingbuffering of more intense uses and distance separations, are built into the proposed land development regnlations to protect values of adjacent and nearbyproperties. Densities of existing residential development along the coast range between 4.84 and 45.7 dwelling units/acre. f. M/'hether th~ property is physically and economically developable under the existing zoning. While the property being considered in these-rezonings, ~ is developable .and redevelopable~ · under the existing land use designations, the range;~fgses ~is limited ~an~0r'xvould not serve to enhance the corridor to the extent that the proposed amendment wOUld allow. g. }PTtether the proposed rezoning!~:of a scale which is reasoz2ably related to tire needs of the neighborhood a~d:~'e cid as a ~hole. i : The scale of the proposed rezonings is reasonably related to the peed, so£ ~e~ area and the city as a whole, and will permit the establishment of a kierarChy ofuses,l~a~ [07~, downtown` .area-il Develo ment and redevelopment in the corridor is expected to cen~e~ ~in~ighborhood-serving comm;Pr~ial uses, encourage a range ofresidenfiaI styles and intensitieS, ana: ~reate an aesthetically pleasing environment. h. ~,qtether there are adequate sites eIsewhere t~ the cii)~foe~rne,.jaroposed use, in districts where such use is already allowed. The existing area currently designated "Mixed Use" does not adequatelyprovide for the revitalization and redevelopment of the traditional downtown of the City,:as recognized by the "Federal Hi~_hwa¥ Corridor Community Redevelopment Plan." The rez0~ngs ~v/I1 allow for a transition fi.om the lesser imense development at the north and south ends of the corridor to the more intense development penrdtted in the City's Central BUsiness DisffiCt. CONCLUSIONS "RECOMMENDATIONS As indicated herein, this request is consistent ~vith the intent of the Comprehensive Plan and with the companion future land use map amendment; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; ~vill be compatible with adjacent land uses and will contribute ro the overall econom/c development of the City. Therefore, staff recommends that the subject requests be approved. ATTACHMENTS Attachment "A" N Location Map 4O00 Feet A~achment "B" SECTION VI~ REDEVELOPME~ t~OG~S AND lqPiOJECT. S The programs and .eliminate or decrease the Redevelopment Area, ComCrehensive Plan Amendments Recommendation 1: subcategories the current language as H) and the other a Mixed Use-Lo*v dowmtown area, wkich is commun/ties, which are Planning intense than ~he MU-H, EXHIBIT "C" ro the core the gateway be less retail. Purpose: This will establish the requisite teg~ basis for land use plan and code amendments. Recommendation 2: Amend the Future Land Use Plan Map to redesignate the downto~vn, Area III, as Mixed Use-High, and ro redesignate the gateway communiues, Areas II and IV, as Mixed Use-Low. Purpose: This will establish the desired hierarchy of land uses leading into the downtown area. 82 New Development Standards Recommenda¢on 3: Create development standards for the MU-H district. Specifically consider eliminating restrictions on density, but maintaimng control of the visual appearance of development. Creative, well planned development will be able to provide additional residential units that wilt contribute positively re a vibrant and successful downtown wb2Ie meeting height limitations imposed by the City. According to the current prowsions [n the zoning cede, heist is restricted throughout Boynton Beach re 45 feet with a max/mum Central Business District density of 40 units per acre and a conditional maximum height of 100 feet. Because of the very compact area of the downto~vn in combination with the desire to make the downtown a clear focal point in the community, this intensity of development is not sufficient to achieve the desired goals for downtown development and redevelopm~nr. As a result, the City should not include a density max/mum in the furore MU-H, wkich is the recommended de_signation for Area III, and increase the maximum height in Area III from 100 feet to 150 feet. This will create a more prominent visual focaI point and establish the desirable level of activity in the downtown area. Additionally, consider eliminating the following uses that may otherwise be permitted or conditionally permitted in the current CBD zoning category: [] Auction houses Bus terminals Drive-thru facilities [] Funeral homes Motels (not hotels) Outdoor storage er display 83 r~ Privat~ parking garages (allow public parking garages) Vehicle related uses, such as: gas stations; auto par~s, storage, rental, display, repair facilities; detailing or car washes Consider allowing the following that are otherwise conditionally permiited or not addressed in the current CBD zoning category: rn Allow multi-family residential uses as a permitted rather than conditional use .if the entire fn:stflo.or-is,dedi~ed to q%mmer.c, ial~ retail or office uses [] Specifically encourage tourist oriented ~u~,es,that have a water orientation Purpose: This will encourage development and redevelopment that is pedestrian and not automobile oriented, as well provide an attractive deyelopment environment for a conference style hotel. Recommendation 4: Create development standards for the MU-L district. Specifically, as with the MU-H district, consider eliminating restrictions on density, but maintaining control of the visual appearance of development through height limitations. Increase the maximum height in these two areas only to 75 feet and eliminate dens~ty requirements. This height is half of that which is recommended for the do~vntown area and will provide an appropriate transition from the gateway communities to the central business area. In addition, consider eliminating the follosving types of vehicle oriented, non- neighborhood serving uses that may be othenvise permitted in the current gateway neighborhoods: [] Adult entertainment establishments Auction houses Bus terminals Lumber yards and building mater'iai stores, including sales to contractors Rooming and boarding houses 84 Sale of ammunition and firearms Taxicab parking [] Trade or business labor pools Outdoor storage and display n Vehicle ~and boat service related uses, such as: gas stations; auto par~s, storage, rental, display, repair facilities; detailing or vehicle washes Wholesaling Consider allowing regulations that provide for the following: Grocery or food stores sized between 15,000 square feet and 30,000 square feet Drive-thru facilities only as a conditional use Purpose: This will establish an aesthetically pleasing, logical transition into the downtown area; provide for neighborhood serving uses rather than those that are transient or vehicle oriented; and, provide additional population to support the dowmo~vn. Recommendation $: Create new zoning districts for the K1A and RIAA communities east of Federal Highway, proximate to the [ntracoastaI Waterway that would allow for redevelopment of lots with geater lot coverage and reduced front, side and rear yards. Purpose: This would encourage redevelopment of water oriented lots with residential units that would provide a substantial increase ~n ad valorem revenues. Zonin~ Code Amendments Recommendation 6: Provide for appropriate locauons of houses of worship, schools and similar institutions to ensure that they have a balanced distribution throughom the community. Purpose: Such regulations will ensure a balance of these community serving land uses tkroughout the City. Recommendation 7: Protect residential neighborhoods. It has been generally recogrfized that there are some uses which, because of their very nature, are identified as having serious objectionable characteristics Specifically, there are studies that exist that demonstrate that adult uses result in an adverse secondary effect on adj;acent pr01~rties Further, it is recognized that local governments have powers to regulate establishments that serve alcoholic beverages. As a result, the City should considei' developing regulations for the placement of facilities that serve alcoholic beverages, particularly adult entertainment facilities that serve alcohol because the deleterious effect on surrounding areas that have akeady been declared to be in a blighted condition. Distance separations between land that is land use planned or zoned to allow residential uses and facilities that provide for the sales of alcohol should be established in the range of 750 feet m 1,500 feet, consistent with requirements in other municipalities. The ability of adult facilities that serve alcohol that do nor meet the d~stanc~ sephration requirement should be amortized. Recommendation 8: Develop s~gnage standards that address in detail issues such as sign height; width; style; lettering; color, placement; landscaping; and, content. Define s~gnage, including a definition concermng advertising on commercial vehicles and prohibition of parking such vehicles in a manner that constitutes signage proximate to the right of way. Require new signs or substantial repairs to existing signs ro comply ~vith the regulations. Purpose: Detailed sig, n regulations will ~eatly enhance the appearance 'of the corridor. 86 Desitin Criteria Recommendation 9: Develop a design program for swacmres, signage and street fmmiture, that includes the implementation of a color palate and architectural themes m the context of the downtown and gateway communities. Purpose: The program wilt create a sense of identity and visual appeal for the redevelopment area. Recommendation I0: Create land development regulations for Areas II, III and IV that address building placement, parking, parking location, mixed uses, and pedestrian chanalization. Incorporate the following guidelines: Landscape programs and standards should be developed Parking for uses should not be located contignous to Federal High~vay [] Shared parking standards should be reviewed Standards for payment in lieu of providing parking should be devdloped for Area III Buildings on Federal Highway should have the appearance of multi-story sumcrures [] Incentives should be provided for developing mixed use projects [] Pedestrian unloading or drop-off areas should be considered as a reqmremenr [] Standards m identify nodes of activity, such as signalized intersections, should be developed within the corridor [] Swacmres should be designed to discourage mid-block crossings on Federal Highway by providing pedestrian access at the comers of intersections Purpose: Development standards will create a sense of place, reduce the blighted appearance, and enhance the aesthetic appeal of the Federal Highway Corridor. Specific Proiects to Implement Redevelopment Project 1 - Convention Hotel: Assemble a three to five acre s~ze parcel of land in the downtown, which is Area III, and market it for a convention style hotel. The market analysis contained in Section IV of this study indicates that there is a market 87 niche in Boynton Beach for a water oriented convention type hotel recommended in the 1984 .CRA plan. ~aile acquisi~on of land for use as a hotel site may eliminate some of the retail uses from the tax base, the net result would be a~si~uificant increase inthe tax base. The increase would result from new construction_ desi.~ed, for better utilization of land. For example, in the year 2000, the Lake V~rorth water oriented hotel~ which is of minimal convention sizes had a taxable value of more than $2.5 million that resulted in ad valorem revenues of $69.6 thousand. Sim~!arly, the Delray hotel property had a total taxable value of more than $ t9.9 mil[ion for total ad valorem revenues of almost $524.8 thousand, while the Manalapan property was valued at $64.4 million for a total of $1.22 million in ad valorem revenues. project 2 - Public Parking: A. ssemble property in the downto~n area, which is Area III, on the west side of Federal Hi~hway for use as surface p~rking. As demand increases, the property could be developed as a parking garage to serve the downtown area. The garage could contain mixed uses at grade level and on upper stories to enhance activity in the downtown. Project 3 - City Entrance Signage: Clearly mark the arrival and departure points to the City of Federal Highway by installing visible, attractive signs au the appropriate locations. Kemove any existing s~ns that are no longer at the entrance to the city due to municipal expansion. Consider identi~,ing the downtown and gateway communities as well. Project 4 - Establish a Public Presence: All planning areas excep~ plarmin~ Area II have some type of public presence. Establish a hi~hly visible public use m Area 88 H. A hbray, fire station or police substation would be an ideal use in this area to provide service to the northern portion of the city. Location on the west side of Federal Highway would be preferable for fire or police facilities to reduce noise h~pacts on adjacent residential uses. If a public facility is located on the west side, the CRA should work with the Department of Transportation to obtain a median opening for emergency vehicles. Project 5 - Address Outdoor Storage: Outdoor storage and display presents visual blight at both the south end of the corridor and in Area 12[. At the south end of the corridor, where outdoor display is located largely in the unincorporated areas of Palm Beach County. The City should initiate efforts to work with Pall Beach to discontinue this practice. In the remaining areas that are within the City of Boynton Beach, the City should amortize out the outdoor storage and display within the Federal Highway Corridor. Project 6 - Provide Pedestrian Crossings: At major node~ of activity such as signalized intersections, implement a program for unique materials and designs for pedestrian crossings. In addition, work with the Department of Transportation to "bulb out" the sidewalks at these intersections. This will afford pedestrians slightly more non- vehicular area, and tends to have the effect of slowing traffic somewhat because of the visual perception of small travel lanes. 89 Requested City Corrml~ssion _M. eetin ~ Dates [] November20, 200I [] 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 be Turned in to City Clerk's Office November 7. 2001 t5:00 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 Cormmssion [] 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,¢002 (5:00 p.m. ~ February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adrainlstxative [] Development Plans [] Consent Agenda 5~ New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the December 4, 21301 City Conmxiss/on Agenda under New Business. Staffrecommends that the City Commission endorse the enforcement of current~regulations requiring shade canopies to be defined as "stmctores" and therefore subject to building codes and zoning regulations. EXPLANATION: Staffhas 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. In light of the number of canopies existing throughout the city, the demand for them to protect property from sun exposure and damage, and in most cases, the inability to satisfy setback requirements, the public will likely be very concerned about the outcome of the City's review of this issue. Staff favors the continued application of building and zoning requirements m the review of canopies, given the potential for them to 1) represent visual obstructions on properties where views are otherwise preserved by setback regulations; 2) create unsightly conditions when not properly maintained or replaced when necessary;, 3) encourage the placement of vehicles and boats on unpaved surfaces which Could lead to blighted conditions if not maintained; and 4) potentially increase the magnitude of debris and hazardous ~onditions during storm events. The Planning and Development Board, with an emphasis on potential aesthetic/mpacts, also recoinmended that shade canopies continue to be considered "structures" and therefore subject m zoning regulations (e.g. setbacks), and permitting requirements. For further details pertzining to this request see attached Deparmaent of Development Memorandum No. PZ 01-235. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Develo e t Di eotor -~ity Managex s Siguamre nning and Zoffiag Direetor City Attorney / Finance Human Resources S :~Planning~SH.M~D\WPkSp ECPROJ~Regalation s\Canopies (vehi¢le)~.genda Item Request Canopies.cars,boats 124-01.dot S:kBULLETINkFORMS~AGENDA ITEM REQUEST FORM.DOC TO: FROM: DATE: SUBJECT:' DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 01-235 Quintus Greene Director of Development Michael W. Rumpf .71~(L~2~ Director of Plarming 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 circumventing the proper permit review, these "structures" have not been reviev~e~fi for compliance with windload and othei structural requirements as well as reviewed for confo~e'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 is currently considering the review and revision of existing regulations and processes applicable to canopies;; The Planning & Development Board reviewed this issue at its Sepxember meeting, and coneii~sI With Department staff that shade canopies should continue to be regulated as structures , and theref6re si~bject to building codes and zomng regulations. Shade canopies is obviously to ~o canopies i setbacks. shape but ar~ ) feet deep and 9 feet ~hade canopies however, they areaiso used to supply shade and for covering some cases, the need for of the garage to living area~ AS shade they have always been required to be permitted, code requirements, and satisfy zoning regulations with respect to Issues that are currently 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' consmaed as structures and therefore subject to all applicable bnilding codes. Although argued that they are temporary and removab~le/n ~the preparation for a major storm, this is difficult to ensure/enforce, and the Building official reports tha~ ~e debris remaining in Dade County following Hurricane Andrew contradicts this positior[ 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 to 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 canopxes are not finalized with a C.O. as they are not inhabitable. However, this discrepancy does not negate the logic behind their identification as structures. For comparison, staff surveyed nearby jurisdictions to determine if the city was unique in its review of canopies. The following table summarizes the findings of this survey: JURISDICTION CONTACT PERMIT REQUIRED? Dekay Beach Building Official Yes, and subject to setbacks and windload standards. Greenacres Building Official No, but subject to building setbacks. T.antana 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 windload standards. Wellln~on Ch. Stmct. Plan Reviewer No canopies allowed. West Palm Beach Building Official Yes, and subject to setbacks and windload standards. The survey results indicate that Boynton Beach is not unique in its 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 zomng 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 m 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 Structures thereby creating reduced setbacks and special limitations on location, size and/or height, or should they not be reviewed as structures mad therefore not subject to setback restrictions. Staff favors the continued application of building and zoning code reqnirements 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 placernent of vehicles and boats on unpaved Page 3 Canopies surfaces which could further lead to blighted conditions if not maintained; and 4) potentially ~ncrease the magnitude of debris and hazardous conditions during storm events. [1~ Furthermore, due to the limited side yard existing,:0n.~ typ. i~a~l~ ~!~gl~:~ami!y,o~ tWq-family lo.t, reduced restrictions applicable to canopies may lead t6 the n~d for ;~an~s~ or i~e~ ~r$in ~6de~ ~0 alio~ them where there is inadequat~ spac~ IVlR Attachments Requested Ci~j Corar~ss~n Meeting Dates [] Noyembe~ 20. 2001 [] December 4. 2001 [] December 18, 2001 3anuary 2, 2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Ci~ Clerk's Office November 7, 2001 (5:00 p.m.) November 2L 2001 (5:00 p.m.) December 5. 2001 (5:00 p.m,) December 19, 2001 (5:00 p.m.) Requested CiLy Comn~ssmn Meetm~ Dates [] January 15, 2002 [] February 5. 2002 [] Februmy 19, 2002 [] March 5, 2002 VIII.-PUBLIC HEARING ITEM C. 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.i 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 request on the December 4, 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 CommaSsioa on January. 2. 2002. For further details pertaining to the request, see attached Deparunent of Development Memorandum No. PZ 01-222. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: KRISPY KREME Scott Barber / Gee & Jenson Dynamic Dougimms Florida Realty, Inc. and Krispy Kreme of South Florida, LLC Between NW 1~ Avenue and Boynton Beach Boulevard iSRS04] approximately 1,500 feet east ofNW 7~ Street, opposite the intersection of Boymon Beach Boulevard and West Industrial Avenue. Request to amend the Comprehensive Plan Future Land Use Map designation on a 0.62 acre parcel from Medium Density Residential (9.86 du/ac) to Local Retail Commercial and; to rezone from Duplex Residential (R-2) to Neighborhood Commercial (C-2). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~/"~4 N/A Develop~l~nt~:r~irect6r ' elsn~'~g aria '~,~in~ectur S:~BULLETIN~ORM SkAGENDA ITEM REQUEST FORM.DOC City Manager's Signature City Attorney / Finance / Human Resources DEVELOPMENT DE I:'ARTNIENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 01-222 TO: FROM: I't-IROUGH: DATE: ProjectJApplicant: Agent: Owner: Location: File No: Propert3' Description: Proposed change/use: Chairman and Members Planning and Development Board Dick Hudson, Senior Planner Michael W. Rumpf Director of plarming and Zoning October 15, 200I PROJECT DESCRIPTION Dynam/¢ DoughnuB Florida Realty,'Enc, and Kdspy Kreme of South Florida, LLC Scott Barber / Gee & Jenson. Inc. Salvador and Norma Sentmanat & Anthony Mar~.~no Northwest IS'Avenue betweenNW l~Avenue and Boynton Beach Boulevard [SK804] approximately 1,500 feet east ofNW 7a Street). West IndusnSat Avenue intersects with Boynmn Beach Boulevard immediately north of the subject property. (See Exhibit A) Land Use Amendment/Rezoning (LUAR 01-008) Vacant property consisting of 0.36 acres classified Medium Density Residential (MeDR) and zoned Duplex Residential FR42), and 0.26 acres of developed property, containing one duplex residential tmildflng and classified Medium Density Residential and zoned Duplex Residential (R-2). Total property ro 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 (R-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), 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 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 ofBoz, nton Beach Boulex ard and West Page 2 File Number: LUAR 01-008 Krispy Kreme Doughnuts Industrial Avenue and farther east, nght-of-way of Industrial Avenue then developed property classified Industrial (I) and zoned Light Industrial 0Vi-l) (the locations of Lloyds Auto Electric and Foster Oil). South: Right-of-way ofNW 1s[ Avenue, then property classified Low Density Residential. zoned Single farrdty Residential (R-l-A) and developed with single family homes. East: Prope,wy classified Medium Density Residential [MeDR), zoned Duplex Residential (R-2) and developed with duplex (two family) homes. West: Vacant properw classified Local Retail Commercial (LRC), zoned Neighborhood Commercial (C-2) and under ownership of the applicant. Farther west is developedpr0perty 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 land use amendment, total 0.62 acre. Because of the size of the property under consideration, the Flor/da Department of Community Affa/rs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Deparnnent of Community Affairs and is not reviewed for compliance with the state, re~onal and local comprehensive plans prior to adoption. I'his 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 and is 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 te 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 Exhibit "C"). The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Jtem C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be par~ of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but nol limited to, a prohibition against any increase in dwelling ttnit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend l#nitations or requirements, which wouM have to be imposed on subsequent development of the property, in order to comply with policie~ contained in the comprehensive plan. According ro the Comprehensive Plan Future Land Use Support Document, under the "Discussion of Supply and Demand for Commercial Land" the follo~ving is 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 ali df trio anticipated demand for commercial land through build-out Therefore, the City should not change the l~nd use to commercial categories, beyond that which is shown on the propo§ed Future Land Use Plan, except for minor boundary adjustments; Small infiI1 parcels, qr commercial uses of a highly ~pecialized nature, Whichha'ze special location or site requkements~ and therefore cermet, be ea§ily ~commod~d on already d~signa~ed commercial areas." This direction is repeated in Policy 1.19.6 of the Land Use Elemem. Th City shall not allow commercmI acreage wh/ch ~s greater than the demand whmh Ms been prq.~ected, unless ~t!can be deg~o~strated that'the addifionallcommer¢ial acreage v;,ould ~ot require /he pr~p0rti~r/~Of:d0~erci~ "aCreage on the City's ~uml rand Usa ~Vi~p, to~ exceed ~e pr~p'-or~;n of d;mm~i-~i~l ~re~e ~ the Pali~ BeaCh c~Unty Ftf~ure Laud Use 3fra;'Tt~e City shall not allow comme~ciaI ur2ess a particular pmperW i~ un~itable' for (}t~efr~se~, ~r-~ geographic need ex/sts which cakmot be fulfilled by existing commercially-zoned p.r_o?,e.~ and the commercial Use would comply with all 6ther applicable comprehensive plan p0Iicie~ ' The'subject property is not located within the hun'/cane evacuati0~n, zone. Rather than'increase tes~detitial densities, the requested fianer/dmenr will reduce the i4t~ number b~ exlstit/g housing stock by'two un/ts. The request will add a rotaI of _+27,000 square feet to the ex/sting commercial node that exists on both sides of Boynton Beach Boulevard in this area and may be viewed as a m/nor, boundary adjustment. It is not likely that any beneficial qomm~rcial development could occUr on the _+18 000 square foot port/on of the property currently designated for co~h~ermaI developmdnt While simultgneously providing adequate screening and bu~ffe-ring for the adjficeht neighborhoo~t. According to~ the 'applicant, the resulting commercially-designated b~rcel will add;the nec~ss~ propert~ t~'allo~ for greater circfllation efficiency. b. Whether the proposed~rezoning would be contrary to the established land use pattern, or wozdd crea~e an isolated dis't~ict unrelated ~o adjacent and nearby distridts, o~ woald constitute a grant Of special privilege to an individual properry owner as contrasted with the protection ofthe p~blic welfare. The proposed rezomng would not create an isolated district, but would represent a minor enlargement of an existing commercial node. It wouldrelate to the adjacent lands to the west, which are under the same ownership and to property both farther west and across Boynton Beach Boulevard that are already developed for Local ~etail Commercial uses. The requirements for buffer walls between residential and commercial districts, coupled with the city's landscaping (e.g. barrier) reqi~irements, ensure that impacts of commercial developments on residential developments are ameliorated. c. Whether changed or changing conditions make the proposed rezoning desirable There are no changed or changing conditions that make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility system& roadways, and other public facilities. Page 4 File Number: LUAR 01-008 Krispy Kreme Doughnuts The parcels, which are the subject 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 estimates. The Palm Beach County Traffic Division has reviewed the traffic study for~the entire project and has determined that it meets the Traffic Performance Standards of Palm BeachCounty. The Traffic Division Engineer recommended that the City "review traffic operations at the project access driveway, with emphasis on left-turns in and out of the site. The forecasted peak hour volumes indicate the need for provision of a westbound left-mm land on Boynton Beach Boulevard onto the site. Also, adequate safety measures should be considered to accommodate left-tums out of the project 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 municipal/ties throughout the I0-year planning period. Lastly, drainage will also be reviewed in detail as par~ of the review of the conditional use application, at which time compliance with all requirements of the city and local drainage perm/tting authorities must be demonstrated. e. V~hether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above, the proposed zomng would be compatible with current uses of adjacent properties to both the north and the west. The buffering and landscape reqmrements expressed in both the comprehensive plan and the zoning code ~vill serye to lessen any negative effects the commercial development would have on the existing residential development. f. Vtrhether the property is physically and economically develo~vable under the existing zoning. As stated above, it is doubtful t_hat any beneficial commercial development could occur on the +18,000 square foot portion of the property currently designated for commercial development without leaving minimal land available for buffering purposes. A duplex dwelling might be constructed on the residentially designated portion; however, the location adjacent to Boynton Beach Boulevard and the southbound entrance ramp to 1-95 make this location less than desirable for residential development. The eastern-most parcel is currently developed with a duplex dwelling. Ff-hether theproposed rezoning 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 corridor of Boynton Beach Boulevard. h. ~?'hether there are adequate sites elsewhere in the city for the proposed use. in districts '~here 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 rezomng. These locations may not afford the proximity to a state road (Boynton Beach Boulevard-SRS04) 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; wilt not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan will be compatible with.adjacent land uses and will cohtribute to the overalt econom/~ development of the City. Therefore, smffr~c0mmend~ ~hat the sub, eot ~'equ:est b~ approved, w/th:the acknoWledgement that . buffering and other design requkements ~tend~d m m~ze com_patibility v~ith:adjacent use~ and. traffic related comments will be applied.at time or'site plan/c0nditioiial ~use review, i Ifth~ ?~/ng and Development ~Board orthe City Com~issior/recommends c0ndition~ they-Wili be in~i/~dec[ W~thi~ Exhibit "C'. ATTACKS Requested City Commission Meetln~ Dates [] November 20, 2001 [] December4. 2001 [] December t 8. 2001 [] January 2. 2002 V II.-PUBLI¢ HEARING ITEH D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meetin*, Dates [] lanuaD I5. 2002 [] February 5. 2002 [] February 19, 2002 [] March 5. 2002 Date Final Form Must be Turned in to CRv Clerk's Office November 7,200I (5:00 p.m.) November 21,200l (5:00 p.m.i December 5. 2001 5:00 p.m.) December 19, 2001 (5:00 F m3 Date Final Form Must be Turned in to Citw. Clerk's Office January. 3. 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m. Febraa~y 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 [] Announcemem [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the December 4, 2001 City Commission Agenda under Public Hearing. The Planning and Development Board, with a unanunons vote. recommended that the subject request be approved subject to staff comments. For further details pertain/ng to the request, see attached Department of Development Memorandum 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 of Hypoluxo Road approximately 1.200 feet west of Con~ess 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 Devel0t~e~t~'a~ae'~t 12~kector Ci~ M~ager's Si~e S:kBULLETLNSFORMSkAGENDA ITEM tLEQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 01-221 TO: FROM: THROUGH: Chairman and Members Plannin~l°pment~r Board Dick H~dfi, Senior Planner Michael W. Rumpf ~(-~ Directoi' of~Planning and Zoning DATE: November 14, 2001 Project/Applicant: PROJECT DESCRIPTION Calvary Chapel of Boyaton Beach Agent: James Barrerra Owner: Calvary Chapel of Boynton Beach Location: South side of Hypoluxo Road approximately 1,200 feet west of Congress Avenue File No: Annexation CA-NEX 01-004) Land Use Amendment/Rezoning (LUAR 01-007) Property Description: Vacant property consisting of-+ 8.84 acres of tand located in unincorporated Palm Beach County, classifiec~ HR-8 (8 du/ac) and zoned AR. Proposed change/use: To annex the subject property, to reclassify from HR-8 (8 du/ac) to Moderate Density Residential (MoDR), and rezone from AR to Planned Unit Developmenr (PUD). To be developed as a church w/th ancillary day care, school and congregate living facility. The site plan (NWSP 01-011) is being processed concurrently and will also be revie~ved and approved to fulfill the master plan requirements for the PUD rezonmg. Adjacent Land Uses andZoniag: North: Right-of-way of Hypoluxo Road. then developed property (single family residential) classified M~R-5 (5 du/ac PUD-Palm Beach County) and zoned Low Dens~ry Residential. South: Developed property (Meadows 300 PUD) classified overall as Low Density Residential (4.48 du/ac) and zoned Planned Unit Development (with a land use intensity of 3.38), That portion of the PUD immediately adjacent to the subject property contains multi-family apartments (Meadows Club) developed at densities ranging from 7.4 to 10.4 du/ac. East: Developed property (Meadows 300 PUD) classified overall as Low Density Resident/al ~4.48 du/ac) and zoned Planned Unit Development (with a land use intensity of 3.38). That portion of the PUD immediately adjacent to the subject property contains multi-family apartments (Meadows Club) developed at densities ranging from 7.4 to 10.4 du/ac. Page 2 Calva~ Chapel of Boynton Beach File Numbers: ANEX 01-004 and LUAR 01-007 West: Vacant property classified Moderate Density Residential (MoDR), zoned PUD (w/th a land Use intensity of 5.0) and owned by the Palm Beach County School District and currently being developed for an elementary school (97-M) PROJECT ANALYSIS Pursuant to "Chapter 2, Zoning", Section 9.C.2(2) of the Land Development Regulations. staff is nor required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in "Chapter 2, Zoning", Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designation for properties m be annexed within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan. the city's annexation program and serv/ce capability. This property is less than 10 acres in size, and therefore this proposed amendment ro the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida D~bartment of Commanity Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted fn:st,.then forwarded to the DCA for their records ("large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners through an interlocal agreement with the County; ho~vever, in.this instance, the annexation is at the request of the property owner. The annexation of this pamel is consistent with policies w/thin the comprehensive plan addressing annexation, and will further the efforts of the city's annexation program through reduction in thenumber of enclave properties. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and incrementally armexmg enclave properties with the intent to reducing them below the 10-acre threshold. The requested land use and zoning are consistent with the recommendations of Section VIII ~Land Use Problems anc[ Opportunities, found/n the support documents for the 1989 City of B o,mton Beach ComCrehensive Plan. Sub-section 6.a. of that document recommends that upon annexation, the parcel should be designated Moderate Density Residential in recognition of the high density to the south and east, but that development should be Iimited to a maxtmum of two stories on the northern 150 feet of the property in consideration of the single family development across Hypoluxo Road. Arequest for site plan approval (NWSP 01-011) has been submitted concurrent with the requests for land use amendment and rezoning. In connection with prewous annexation studies, deparu-nents most affected by annexations (e.g. Police, Fire. and Public Works), have been surveyed for issues related to service capability and costs. All opin:cms previously collected from these deparuments supported the incremental annexation of e_nclaves. These opinions have been based on the following: l) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Service capacity exists to serve isolated unincorporated enclaves; and Most enclaves currently receive service from the city via a formal or Informal mutual aid a~eemem (Police and Fire/EMS only). Page 3 · Calvary Chapel of Boynton Beach File Numbers: ANEX 01-004 and LUAR 01-007 With respect to.Traffic Concurrency, the Palm Beach County Traffic Division has reviewed the project and determ/ned that it meets the Traffic Performance Standards of Palm Beach County and submitted the following suggestions: 1) Exclusive left and right-mm lanes to be provided (in eases where there are no existing mm lanes) at the project access driveway. 2) Appropriate safety measures to be implemented to accommodate project traffic exiting the project access driveway. PROPOSED oMASTER PLAN The applicant is prop0sing~to reZ0tue@Om ,AR.~gricultar~/1 ~esidenfia.~ (P~ Beach: Coumy Zoning) t0 Planned Un/t Devel0Pmen~ (P~/n preparation for de~elopmefit!ofa Church ~th ancillary day care, school and congregate'hying fac~ty. The site plan ~SP.01-01 l) will also be adoptedas the master plan for the pUD. As defined wtthln Chapter 2~5~-PI~nned Umt l)evelopments of the Land Deyelopment Regulations, a "pta~ed Unit develolSmefit: Is land under unified control, planned and developed as a whole in a single development operation or an approved programmed series ofda'celopment operations for dwelling units and related uses and facilities; Includes principal and accessory uses and slructures substantially related to the character of the development itself and the surrounding area 0f Which it is a part;, Is developed according to comprehensive and detailed plans which include streets, utilities, lots, building sites and the like and site plans, floor plans and elevations for all buildings except for single family homes intended to be located., constructed, used, and related to one another, and detailed plans for other uses and improvements on the land related to the buildings; Includes a program for full provision, maintenance, and operation of such areas, improvements, facilities, and unit development, but will not be provided, operated, or maintained at public expense." Due to intended differences between individual PUD developments, which result from the variety of uses and amenities within a PUD, and physical character of the site, submittal of a site development master plan is required at the time of request for zoning to PUD. The proposed site plan (NWSP 01-011), which is being processed concurrently, is attached (Exhibit "B") and will also fulfill the Master Plan requirements of the PUD. The Master Plan contains, in parr, specific site standards for future development of the parcel The proposed Phase 1, of the four (4) phase projecT, consists of a 21,250 square foot church with accessory daycare. The second, third, and fourth phases consist of constructing a private elementary school for 242 students, a 48 bed Congregate Living Facility (CLF), and expanding the church's seating capacity by 250 seats. However, phases two (2) through four (4) will require separate site plan approval, subject to Planning & Development Board and City Commission reviews. CONCLUSIONS/RE COMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will nor create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan: and will be compatible with adjacent land uses. Therefore, staffmcommends that the subject requests for land use Page 4 Calvary Chapel of Boynton Beach File Numbers: ANEX 014)04 and LUAR 01-007 amendment and rezoning/master plan be approved, If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be/ncluded as Exhibit ATTACHMENTS LOCATION MAP EXHIBIT "A" C~lVa-r¥ Cha-pel C~f BO~h-ton-'B~ach: ~ .... ~--- ~ VIII.-PUBLIC HEARING ITEM E. CITY OF BOYNTON BEACH .aGENDA ITEM REQUEST FORM ~Januar,y ~2~ 21)02 200] ~te Final Form Must be l~urned in to City Clerk's Office_ .~7~vernber 7, 2001 (5:00 p.m.) ~overaber 2t, 2001 (5:00 p.m.) ;tmember 5,200I (5:00 p.rn.) >~eember t9, 200l (5:00p.m. Requested City Commission Mee_[in g D~ [] JanuaD 15, 2002 [] February 5. 2002 [] February I9, 2002 [] March5,2002 Date Final Form Must be Turned 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.) [] Admirdstrat~ve [] Developmem Plans [] Consent Agenda [] New Business ~1 Public Hearing [] Legal [] Unfi~dshed Business [] Bids [] Presentation ] Announcemen[ [] City Manager's Report Please place this request on the December 4, 2001 City commission Agenda under The Ptama~g.~I Development Board with a mmmmous vote, recommended that the subject request be 01 - -/~or fih~d~r~g~axaiinng ~o the request, see attached Department of Development Memorandum No. PZ IMPACT: cALVARY, CItAPEL OF BoYNTON BEACH tame~ Barrerm Calvary Chapel of Boymon Beach South side of HypoluXO Road approximately 1,200 feet west of Congress Avenue Request Land Use .~aendment from HR-8 (Palm Beach County Designation) To Moderate Densigt Single Family Residential (MoDR) and to rezone from Agricultural- Residential (Palm Beact~ County Zoning) m Planned Unit Development (PUD). N/A N/A N/A / / ~ture City Manager s Sign C~ity Attorney Finance / Human Resources [:em Request Calvary ChapeI.LUAR t 2-4-0 t .dot S :~BULLETIlq~ oPaMS~GEN DA ITEM REQUEST FOP. aM.DOC DEVELOPM~ENT DEPARTMENT PLAN~ING & ZONING DIVISION /VIEMORAr~DUM NO. PZ 01-221 TO: FROM: TF/~ROUGH: DATE: Chairman and Members Ptann~lopment~ , Board Dick H~(~, Senior Planner Michael W. Rumpf D~rector of Plarming and Zoning November 14, 2001 P~jectJApplicant: Agent: PROJECT DESCRIPTION Calvary Chapel of Boynton Beach James Barretta Owner: Location: File No: Calvary Chapel of Boynton Beach South side of Hypoluxo Road approximately 1,200 feet west of Congress Avenue Annexation (ANEx 01-004) Land Use AmendmentTRezoning (LUAR 01-007) Property Description: Vacant property consisting of+ 8.84 acres of land located in unincorporated Palm Beach County, classified HR-8 (8 du/ac) and zoned AR. Proposed change/use: To annex the subject property, to reclassify from HR~8 (8 du/ac) to Moderate Density Residential (MoDR), and rezone from AR to Planned Unit Development (PUD). To be developed as a church with ancillary day care, school and congregate living facility. The site plan (NWSP 01-0I 1) is being processed concurrently and will also be reviewed and approved to fulfill the master plan requirements for the PUD rezoning. Adjacent Land Uses and Zoning: North: Right-of-way of Hypoluxo Road, then developed property (single family residential) classified M_R-5 (5 du/ac PUD-Palm Beach County) and zoned Low Density Residential South: East: Developed property (Meadows 300 PUD) classified overall as Low Density Residential ~4.48 dtffac) and zoned Planned Unit Development (with a land use intensity of 3.38). That port/on of the PUD immediately adjacent ro the subject property contains multi-family aparrmems (Meadows Club) developed at densities ranging from 7.4 ro 10.4 du/ac. Developed property (Meadows 300 PUD) classified overall as Low Density Residential (4.48 du/ac) and zoned Planned Unit Developmem (with a land use ~ntensity of 3.38). Tlmt portion of the PUD immediately adjacent to the subject property contains multi-family aparrmants (Meadows Club) developed at densities ranging from 7.4 to t0.4 dt~/ac. Page 2 Calvary Chapel of Boynton Beach File Numbers: ANEX 01-004 and LUAR 01-007 West: Vacant property classified Moderate Density Residential (MoDR), zoned PUD (w/th a land use intensity of 5.0) and owned by the Palm Beach County School District and currently being developed for an elementary school (97-M) PROJECT ANALYSIS Pursuant to "Chapter 2, Zoning", Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) cr/teria by which rezenings are to be reviewed as indicated in "Chapter 2, Zoning", 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,, staff an~ilysis will relate~to consistency with other relevant portions of the Comprehensive Plan, the city s annexatio~program and service capability. Tiffs pr0perry is less than 10 acres in size, and therefore .this proposed amendment to the comprehensive pl3r~ is considered a"smaII-scale" amendment andis not subject to "compliance re,dew" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted £n:st, then forwarded to the DCA for their records ("large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners through an interlocal agreement with the County; however, in this instance, the annexation is at the request oftha property owner. The annexation of this parcel is consistent with policies within the comprehensive plan addressing annexation, and will further the efforts of the city's annexation program through reduction in the number of enclave properties. Currently, objectives of the annexation program include annexing all enclaves less than I0 acres, and incrementally annexing enclave properties with the intent to reducing them below the 10-acre threshold. The requested land use and zoning are consistent with the recommendations of Section VIII Land Use Problems and Ocportunities, found in the support documents for the 1989 City of Bo'ruton Beach Comprehensive Plan. Sub-section 6~a. of that document recommends that upon annexation, the parcel should be designated Moderate Dens/ty Residential in recognition of the high density to the south and east. but that development should be limited to a maximum of two stor/es on the northern 150 feet of the property in consideration of the single family development across Hypoluxo Road. A request for site plan approval (NWSP 01-011) has been submitted concurrent w/th the requests for land use amendment and rezonmg. In connection with previous annexation studies, departments most affected by annexations (e.g. Pohce, Fire, and Pubhc Works), have been surveyed for issues related to service capability and costs. All opinions previously collected fi.om these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) 2) 3) The enclaves are all hmnediately adjacent to areas within the city that currently receive urban services; Service capamry exists to ser~-e isolated unincorporated enclaves; and Most enclaves currently receive service from the city via a formal or informal mutual aid agreement (Police and Fire/EMS only). Page 3 Calvary Chapel o£Boynron Beach File Numbers: ANEX 01~004 and LUAR 01-007 With respect to. Traffic Concurrency, the Palm Beach County Traffic Division has reviewed the project and determined that it meets the Traffic Performance Standards of Palm Beach County and submitted the following suggestions: l) Exclusive left and right-mm lanes to be provided (in cases where there are no existing mm lanes) at the project access driveway: 2) Appropriate safety measures to be implemented to accommodate project traffic exiting the project access driveway. PROPOSED MASTER PLAN The applicant is proposing to rezone from AR:A~cul~Resid~nt/al (Palm Beach County zoning) to Planned Unit DeVelopment (PUD) inUrpreparatio~ for dex(eloi~ment of a church 5vith ancillary day care, school andc 0ngTegate living facility. The site plan ~SP 01 J01.i ) )vilI also be adopted as the master plan for the PUD, As &fined wSthin Chapter 2iS-Pl,anned Unlt Developments of the Land D.eYelopinent Regulations, a "planned unit develiSpinent: Is land under unified control, planned arid deyeloped as:o ~vhole in a single development operation or an approved programmed series of development opemfions for dwelling units and related uses and facilities; Includes principal :and accessory uses and structures substantially related to the character of the development itsetf and the surrounding area of which it is a parr; Is developed according ro comprehensive and detailed plans which include streets, utilities, lots, building sites and the tike and site plans, floor plans and elevations for all buildings except for single fam/ty homes intended to belocated, constructed, used, and related to one another, and detailed plans for other uses and improvements on the Iand related to the buildings; Includes a program for full provision, maintenance, and operation, of such areas, improvements, facihties, and unit development, but will not be provided, operated, or maintained at public expense." Due to intended differences between individual PUD developments, which result from the variety of uses and amenities within a PUD, and physical character of the site, submittal of a site development master plan is required at the time of request for zoning to PUD. The proposed site plan (NWSP 01-011), which is being processed concurrently, is attached (ExNbit "B") and will also fulfill the Master Plan requirements of the PUD. The Master Plan contains, in part, specific site standards for future development of the parcel. The proposed Phase 1, of the four (4) phase project, consists of a 21,250 square foot church with accessory daycare. The second, third, and fourth phases consist of constructing a private elementary school for 242 students, a 48 bed Congregate Living Facihty (CLF), and expanding the church's seating capacity by 250 seats. However, phases two (2) through four (4) will require separate site plan approval. subject to Planning & Development Board and City Commxssion remews. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan: will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; and will be compatible with ad. lacent land uses. Therefore, staffrecommends that the subject requests for land use Page 4 Calvary Chapel of Boynton Beach File Numbers: ANEX 01-004 and LUAR 01-007 amendment and. rezoning/master plan be approved. If conditions ofapprovaI are recommended by the Planning and Development Board or requ/red by the City Commission, they will be included as Exhibit ATTACI-IMENTS LOCATION MAP EXHIBIT "A" '- CalVarY Chapel 0~f Bo~-r~ton'Be~h ~ ~ ~ .... * '- Requested City Commission Meeting Dates [] November 20. 2001 [] December 4, 2001 [] December 18, 2001 [] Sauuary 2. 2002 VIII.-PUBLIC HEARING ITEM F, CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested CiW Commission Meeting Dates [] JanuaryI5, 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.m.) November 21, 2001 (5:00 p.m.) December 5.2/)01 (5:00 p.m.) December 19. 2001 (5:00 p.rm) 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 (5:00p.m.) February20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM --1 Adminintrative ~ Development Plans -~ Consent Agenda [] NewBusiness ~ Public Hearing [] Legal [] Bids [] UnfirdshedBusmess [] Annotmeamem [] Presemation [] City Manager's Report RECOMMENDATION: Please place this request on the December 4, 2001 City Commission Agenda under Public Heating. The public hearing has beenposrponed to the December 26, 2001 Planning and Development Board meeting in order to meet requirements for notice and adveifising. This amended schedule would pla~e the public hearing before the City Cmm~ission on January 2, 2002. For further details pertaining to the request, see attached Department of Developmem Memorandum No. PZ 01-222. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: KRISPY KREME Scott Barber / Gee &Jenson Dynamic Doughnuts Florida Realty, Inc. and Krispy Kreme of South Florida, LLC Between NW 1 a Avenue and Boynton Beach Boulevard [SR804] approximately 1,500 feet east ofNW 7t~ Street, opposite the intersection of Boymon 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. PROGRAM IMPACT: N/A FISCAL IMPACT: ~ N/A ALTERNATIVE~I~ Develo~el~t De~ent Director Planning and Zizfing Director City Attorney / F~nanee / Human Resources S:Wlamqing~S HARED\WP~PRO JEC TSkkrispy kreme\COUSkAgenda Item RequestKrisp~ Kreme COUS 124-01.dot mreC~ty Manager s gna S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 01-222 TO: Chairman and Members Planning and Development Board FROM: Dick Hudson, Senior Plarmer THROUGH: Michael W. Kumpf Director of Planning and Zoning DATE: October 15,2001 Project/Applicanu PROJECT DESCRIPTION Dynam/c Doughnuts Florida Realty, Inc. and Krispy Kreme of South Florida, LLC Agent: Scott Barber / Gee & Jenson. Inc. Salvador and Norma Sentmanat & Anthony Mannino Location: Northwest 1s~ Avenue ¢qoetween NW 1~t Avenue and Boymon Beach Boulevard [SR804] approximately 1,500 feet east ofNW 7t~ Street). West Industrial Avenue intersects with Boynton Beach Boulevard immediately north of the subject property. (See Exhibit A) File No: Land Use Amendment/Rezoinng (LUAK 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 (R-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 Commeicial (C-2), to assemble a 21.04 acre site to be developed as a fast food restaurant with a drive through feature. Adjacent Land Uses and Zoning: North: Right-of-*vay of West Boynton Beach Boulevard (SR 804), then property, classified Local Retail Commercial (LRC), zoned Neighborhood Commercial (C-2), and developed with a service stauon (Texaco) to the northwest; to the northeast the intersection of Boynron Beach Boulevard and West Page 2 File Number: LUAR 01-008 Krispy Kreme Dougnntus 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 OiB. South: Right-of-way ofNW I~' Avenue, then property classified Low Density Residential, zoned Single family Residential (R-l-A) and developed with single family homes. Ea~: Property classified Medium Density Resident/al (MeDR), zoned Duplex Resident/al (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 Neighb6rhood Commercial (C-2) ~nd occupied by.a dental/medical office building. PROJECT ANALYSIS The parcels, which are the subi'ect of this land use amendment, total 0.62 acre. Because of the s/ze 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. l~his amendment request presents a unique sitaat/on. 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 and is bisected from north to south into two land use classifications arid 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 (MeDR), 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 Medinm~Density Residential (MeDR), zoned Duplex Residential (R-2) and is occupied by a duplex (two family) structure (See Exh/bit "C"). The criteria used to review Comprehensive Plan amendments and rezonings are listed in Art/cie 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part ora staff anatysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map, Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to. a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergen~ Planning Division and the City's risk manager. The planning department shall also recommend limitations or requtrement& which would have to be zmposed on subsequent development of the property, in order to comply with policies contained 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 follov~ng is recommended: Page 3 File Number: LUAR 01-008 Kfispy 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 categories, beyond that wl-rich is shown on the proposed Future Land Use Plan, except for minor boundary adjusnuents, small infill parcels, or commercial uses of a highly specialized nature, which have special loqation or site requirements, and therefore cannot, be easily agcommodated on akeady designated commercial areas." This direction is repeated in Policy 1.19.6 of the Land Use Element. "The City shall-not allow commercial acreage which is gre~ter ~han the demand which has been pr0jecte~;i unless~it' can;be dern0n~ted that the a~diti~nal ¢~er~i~1 acr~a~ge W0uld not requ/r~ the proportion of commercial acreage, on the' City s Fume. La~nd~ Us~ Map ~o exceed the proportion of commercial acreage on ~e Pal~ Beach County iJu~ure Lafid Use Map. The City shall not allow commercial unless a particular property, is unsuitable for other uses, or a geographic need exists which carmot be fulfilled by existing commercially-zoned pr,op,,erry; and ~he co~nercial use would comply W~th, all other apptidable Comprehensive plan policies. The subject property is not locat¢.d within:the hurricane evacuation zon~e. Rather than increase residential densities, the requested amendment will reduce the total number of ex,isling housing stock by two un~ts. The request will add a total of +_27,000 square feet to the existing commerqial node that exists on both sides of Boynton Beach BouleVard in this :area and may be viewed as a minor boundary adjusument. It is not likely that any beneficial Commemial development could occur onth~ +_I~8,000 square foot portion of the property currently des/gnated for commercial' development while simultaneously providing adequate screening and buffering for the adjacent neighborhood. According m the applicant, the resulting commercially-designated parcel will add the necessary property m allow for greater ckculation efficiency. ~hether the proposed rezoning would be contrary ~o the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege ~o an individualprope, rry owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but wouldrepresem a minor enlargement of an existing commercial node. Ii would relate to the adjacent lands to the west, which are under the same ownership and to property both farther west and across Boynton Beach Boulevard that are already developed for Local Retail Commercial uses. The requirements for buffer walls between residential and commercial districts, coupled with the city's landscaping (e.g. barrier) mqmrements, ensu/e that impacts of commercial developments on residential developments are ameliorated. c. V~ether changed or changing conditions make the proposed rezoning desirable. There are no changed or changing conditions that make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Page 4 File Number: LUAR 01-008 Krispy Kreme Doughnuts The parcels, which are the subject 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 estimates. The Palm Beach County Traffic Division has reviewed the traffic study for the entire project a~'d has determined that it meets the Traffic Performance Standards of Palm Beach County. The Traffic Division Eng/neer recommended that the City '~review traffic operations at the project access driveway, with emphasis on left~mms in and out of the site. The forecasted peak hour volumes indicate the need for provision ora westbound left-mm land on Boyntun Beach Boulevard onto the site. Also, adequate safety measures should be considered to accommodate left-trams out o£the project 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 1 O-year ptanulng period. LaStly, drainage will also be reviewed in detail as part of the review of the conditional use application, at which time compliance with all requirements of the city and local clrainage perm/tfing authorities must be demonstrated. IVhether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or wouM affect the properrf vahtes 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 buffeting and landscape requirements expressed in both the comprehensive plan and the zoning code will serve to lessen m3y negative effects the commercial development would have on the existing residential development. f ?~hether 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 without leaving minimal land available for buffering purposes. A duplex dwelling might be consmacted on the residentially designated portion; however, the location adjacent to Boynton Beach Boulevard and the southbound entrance ramp to 1-95 make this location less than desirable for residential ctevelopment. The eastern-most parcel is currently developed with a duplex dwelling. g. Vihether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the cizy 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. ??tether 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 nor necessitate a land use amendment and rezoning. These locations may not afford the proximity to a state road (Boynron 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 As indicated herein, tkis request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive ?lan; will be compatible with adjacent land uses and will contribute to the overall econom/c development of the City. Therefore, staffre~ommends that the subject reqUest be approved, with the acknowledgement that buffering and oth~ design.requirements intended to maximize compatibthty *nth adjacent uses and traffic related comments will be applied at time of site plan/conditi0nal use review; :if the Planning and Development Board or the City Commission recommends coxiditions, they will be ir~luded within Exhibit "C". ATTACHMENTS Gee & Jenson Celebrating 50 Years of Design Excelknce November 26, 2001 Mike Rumpfi Director City of Boynmn Beach Planning & Zoning Division 100 E Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL. 33425 Re: Krispy Kreme Dear Mike: This letter is to serve as formal request to withdraw the public notice for the conditional use / ske 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 m (561) 515-6641. Sco Bar~b-~TREA Pro ect Manager DEPARTMENT OF DEVELOPMENT sjb 21-164.01 One Harvard Circle. West Palm Beach. FL 33409-1923 T(561) 515.6500 I:(561) 515.6502 Requested Cig~ Comu~sion Meeting Dates [] November 20, 200i [] December 4. 2001 [] December 18. 2001 [] January 2. 2002 VIII.-PUBLIC HEARING ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Corormss~on Meetun~ 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.m.) Novmuber 21, 2001 (5:00 p.m.) December 5, 2001 (5:00 p.m. Decembe~ 19,2001 (5:00p.m.) Date Final Form Must be Turned iB to City Clerk's Office January 3~ 20,)2 (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 [] Adminis~u:ative [] 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 4, 2001 City CormmSs~on Agenda under Public Hearing. The Plaurfing and Development Board with a unanimous vote, recommended that the subject reques~ be approved subject to staff comments. For further details pertaining to the request see attached Department of Development Memorandum No. PZ 01-237. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIFIION: BIBLE CHURCH OF GOD Shirley Waters N/A 1390 North Seacrest Boulevard Request Conditional Use Approval for an accessory daycare / preschool use in an existing church with its required outside play area. The day care will be operated on weekdays. dur/ng the off-peak periods of church operation. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A x,~- J pl~nnlng and Zomg~irector City Attorney / Finance / Human Resources S:~PlanningkSHARED\g~PRO JECTSkBible Church of God\COUS Daycare 2001kAgenda Item Request Bible Church of God.COUS 98-006.124-01.dot City Manager's Signature S:~BULLETIN~ORMS AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 01- 237 TO: FROM: DATE: SUBJECT: Chairman and Members Planning and Develovment Board Lu. sia. Galav, AICP~ PnnmpaI Planner~ November 1,2001 Bible Church of God- COUS 98-006 Conditional Use Approval -Accessory Daycare PROPOSAL SUM3/LiRY Contained hereto is a description of the subject project. The proposed daycare / preschool will 'be operated our of the existing Bible Church of God fellowship hall located at 1390 North Seacrest Boulevard. The current R- 1-A zoning allows a church, but daycare is subject to conditional Use approval. The daycare operation will have a 55-child capacity. In addition, the site plan proposes to fence in 10,721 square feet of outside playing area ro meet the requirements under State regulations. Except for the play area fence, no structural changes are proposed either inside or outside the existing building. Applicant/Agent: Project name: General description: Property s~ze: Land use: Current Zoning: Location: Building area: Existing church building Outside playing area Bible Church of God / Shirley Waters Bible Church of God Day Care Conditional use approval for an accessory daycare / preschool use m an existing church with/rs required outside child play area. The day care will be operated on weekdays, during the off-peak periods of church operation. 4.77 acres Low Density Residential R-1-A Single-Family Residential Distr/c~ 1390 North Seacrest Boulevard (See Exhibit "B" - Proposed Site Plan): 11,690 square feet 10, 721 square feet Bible Churcn of God COUS 98-006 Page 3 Memorandum No ~Z01 - 237 A traffic study was not required because a 55-child day care use would generate slightly less than 200 average daily trips (ADT). The cza-offfor concurrency review by the Palm Beach County Traffic Division is 200 ADZ The applicant has provided a written statement limiting the daycare use ro 55 children. Off-street parking and loading areas where required, with particular attention to the items in subsection I above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The parking required for the proposed daycare is calculated based on one space for each 300 square feet of gross floor area. The indoor area allocated for the daycare use totals 4, J16 square feet. which requires 14 parking spaces. The existing parking lot has 105 spaces including three handicap spaces. ' There is sufficientparking currently on site to accommodate the daycare use. Refuse and service areas, with particular reference to the items m subsection 1 and 2 above. The existing dumpster is located in the northeast corner of the first parking area in back of the existing building. It is enclosed, is not visible from the street and does not interfere with the daycare operation. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are in place wa construction of the original permitted fellowship hall facility. Screening, buffering and landscaping with reference to type, dimensions, and character. The children's play area is proposed to be located in the front (wesO and north side of the existing fellowship hall. The £lans indicate that it will comain a total of l O. 721 square feet. No play eqm£menr is planned for the area at this time. A four (4)foot chain link fence is proposed to enclose the area along the front and sides of the play area up to the front building line of the fellowship hall. The fence will continue along the north side alive (5)feet high until it reaches the end of the first parking kZt. A six(6) foot fence is proposed along the south side of the property adjacent ~o the SFlYMD C-16 Canal and along the rear of the first parking area. The entrance to the first and second parking lot areas will be gated. The north side per, meter landscape buffer contains an existing native Florida Privet hedge that is the same height as the proposed five (5)foot fence. This provides an adequare buffer for the residential property to the north. The interior and parking areas contain a wide variety of plants, shrubs, and trees, which were approved with the original site plan. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The site contains one £ree standing monument szgn located at the front of the property adjacent to Seacrest Boulevard. i~o new signage or lighting is proposed with this application. Bfble Church of God COUS 98,806 Page 2 Memorandum'No.'PZ 01 - 23,7 Surrounding ~and ~se$ zo~: ~orrJn - Siugle~mity~reiiential development (Roiling Green) zoned R-l-A: ':East - A parcel oflan~.~a~ed Community Commerc/al, C-3 and farther east the FEC railroad tracks; South- R/ght-of-way e.f~k¢ South Florida Water Management District ~SFWMD) C-I 6 Canal and farther smrth r~e~MendM d~-elopment zoned Residential, R-2; and West - *Right-of-way ~or.~eacrest Boulevard and farther west vacant land owned by the Bible Church of God zoned Resi~/m~i~[ R- t ST_&NDARDS I~OR,Er'/~UATING CONDITIONAL USES AND ANALYSIS Sect/oh ll.2.D of the Lam~Development Regulations contains the following standards to which conditional uses are required ro ce~fm'n. Following each of these standards is the Planning and Zoning 'Division's evaluation o£rhe app~[icade¢ as it pertains to s~andards. 'The Plarming and DeYelo~l~aaenr Board and City Commission shall consider only such conditional uses as are authorized under -the .tem~¢ of these zoning regulations and, in connection therewith, may ~ant conditional uses abselutel¥ or con&itie~ed upon the conditions including, but not limited to, the dedication of property for streets, a;lleysl recreation ;~ace and sidewalks, as shall be determkned necessary for the protection of the surroundiug area-and :the ~Oizens' general welfare, or deny conditional uses ~vhen not in harmony with the intent and purpose of'tiffs :,.~¢ction. In evaluating an application for conditional use approval, the Board and Commission shall cot, sider the effect of the proposed use .on the general health, safety and welfare of the community and make .~-~m findings certifying that satisfactory provisions have been made concerning the following standards, whe~e~pplicable: 1. Ingress and egres~ '~ the subject property and proposed structures thereon, with particular reference ro automobile and?ekqcstrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. ~Yhe subject j~ro£er~ has one point of ingress/egress at Seacrest Boulevard. This western access is a 20-foot Wide ope~rg which serves the entire site. It is a long narrow shaped parcel and this access road runs along ~t~ south side adjacen~ re the SF~VMD C-16 Canal approximately 250feet at which points .it widens to 34 feet of paved area. It connects ~o the two parking areas located behind the existing fellowxtrip t~al[ building. A gate is proposed at the location where the road begins to -,viden. This.gate will t~e ert~ipped with a Knox box ro ensure access for emergency vehicles. In addition, afire lane wffl be desi~nc~ed along the wider paved area adjacent to the south side of the building. The church curren~ parks between two and three passenger transport buses along this roadway. As a condition of apI~rocal for the daycare use these vehicles would have to be parked in the parking lot behind.the.existCngfetlowship hall. The pick-up and.drop-off areaTbr the children will be located in the back of the building convement to the entrance doo~. P¢destrian/vehicular conflict is minimal at this location. Bible Church ~ God-:COL~$ Page ~ Memorandum No.'PZ 01 - 2~7 ¸9. I0. 12. Reqff~red setbacks affiother open spaces. · The b~ng meets ~r exceeds ail setback requzremenrs reqmred of the R-J-A zoning district. The outside pIay area .W~encompass JO, 72J square feet. This fenced area wilt be located in the front and ~orth side of ~he e~ting fellowship hall building. The open space required fo? the project is not affected.by this p~op~al. GeneroJ compaffbil~with adjacent property and other property in the zoning district. ]n general, ihe:~J'~d project is compatible with the existing church use. There will be mznimal on- site 'impact and. no :~verse effects will occur because the proposed daycare use will not conflict with the re~,°ularly x&eduTzd church services. There will be little or no impact to the adjacent properties or to,lthe general area~ Height otbu]td'mg ~ structures, with re£erence to compatibility and harmony to adjacent and nearby ,pr~pe~'ties, and the~ as a whole. 3[o new structures ae proposed with this application. The daycare use will operate out of the existing one srory fe'Howship~iall building. The City Commission approved the original site plan on November 2~J, 1989. The,e~is,t(~fellowship hall building was subsequently constructed as Phase One. Economic effects oaadjacent and nearby properties, and the city as a whole. ~aycare [sa nee~ social service in this area. The proposed use will constitute additional convenience and ~ice _for the members of the Bible Church of God and for the residents of the surrounding net~hbsrhood. Conformance to ~hes~andards and requirements which apply to site plans, as set forth/n Chapter 19, ~cle If o£the Oi~of Boymon Beach Code of Ordinances. (Part llI Chapter 4 Site Plan Review). With incorporation ~ staff comments, the proposed project will comply with all requirements of applicable ~ect~ons.q~city code. Compliance Milt, ae8 abatement of nuisances and hazards in accordance with the performance standards within Se~ion 4 of the zoning regulations; also, conformance to the City of Boymon Beach No/se Control Ordimnce. V~th incoryporation~#all conditions and staff recommendations contained herein, the proposed daycare~/pre~choo~e would operate in a manner that is in corrtpliance with the above-referenced codes and ordinan~ of the City of Boynton Beach. In particular, the applicant will have to apply for and obtain all nece~ary approvals and licenses from all applicable governing bodies, including but not limited to the P~rn Beach County Health Department and Florida State Department of Health, which are required~6r the daycare /preschool operation. · a Location M p Bible Church of God EXHIBIT A 500 0 500,. 10001 1500 2000 25001~3000 Feet '0 EXHIBIT "C" Conditions of Approval Proj ecu name: Bible Church of God File number: COUS 98-006 Reference: 2ad Review plans (revised) identified as Conditional Use. File# COUS 98-006 with a November 9. 2001 Planning & Zoning date stump marldng. DEPARTMENTS 12N~CLUDE REJECT PUBLIC WORKS-General Comments: None X PUBLIC WORKS-Traffic Comments: None X UTILITIES X Comments: None I F1RE Comments: 1. The site plan and master plan design documentS shall adhere to Chapter 9 of X the Code of Ordinances of the City of Boynton Beach entitled "Fire Protection and Prevention." This ordinance adopts NFPA 1, Fire Prevention Code, 19976 edition, and NrFPA 101~ Life Safety Code~ 1997 edition. 2. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an X Administrative Order dated May 9, 2001, that provides the minimum performance for all security gates and emergency access. Another Administrative Order dated May I5, 2001 addressed Knox Box storage of information for responding emergency personnel. 3. Design documents must demonstrate compliance with the requirements for X fire lanes that are provided in Section 9-21 of the City Ordinances. Signing and marking are described in LDR Chapter 23 Section B2. POLICE Comments: None X ENGINEERING DMSION 4. Provide a signed and sealed survey, not older that 6 (six) months, in X DEVELOPMENT ORDER OF THE CITY COMMiISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Bible Church of God APPLICANT'S AGENT: Shirley Waters APPLICANT'S ADDRESS: 1390 North Seacrest Blvd. DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 4, 2001 TYPE OF RELIEF SOUGHT: Conditional Use LOCATION OF PROPERTY: 1390 North Seacrest Btvd. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above, The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida o~ the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 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 paragraph 3 hereof. DENIED This Order shall take effec~ 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 j:\SHRDATA\Planning\SHARED\WP\FORMS\Blanks forms folder\Develop. Order Form-2001- Revised.doc requirements of the LDR, Chapter 4, Section 7.A and LB.2. subm/t signed and sealed working drawings of X X X X being reviewed or approved with this application. chain link fence in the front (west), cannot X from the building line ro the front line. [Chapter for this site must be kept clear of all vehicles. No parldng is permitted on the access drive, only in the designated IOARD ( X ChurCh of God\COUS Oaycare 2001\Condition of Approval 2 page revised 2001 form.doc Poaluested City Cou:m~ist, ion VIII.-PUBLIC I'{{:AiI IG ITEM H. CITY OF BOYNTON BEACH GENDA ITEM REQUEST FORM Final Form Must be Turned ~fl to City Clerk's Office ~Sovember 7, 2001 (5:00 p.m.) ,%vemb~r 21, 2001 ~5:00 p.m.) i¢~cember 5,2001 (5:00 p.m.) i~ecember 19, 2001 15:00 p.m.) Requested City Coma3usmon Meeting Dates [] January 15.2002 [] February 5. 2002 [] February t9. 2002 March 5, 2002 Date Final Form Must be Tm'ned iB to City Clerk's Office Januar~ 3, 2002 (5:00 p.r~) lanuary 16. 2002 (5:00 p.m.~ February 6, 2002 (5:00 p.m.} February 20. 2002 (5:00 p.m.) NATUI~OF AGENDA '-~ Adminis~:ative ~ Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Aunotmcemenr [] Presentation [] City Manager's Report RECOtVIMEN~ATION~' Please place this request on thc December 4, 2001 City Commission Agenda under Public Hearing. The ~pl~s requested the public hearing be posrpuned to the December 26, 2001 Planning and Development Board ~. ~s amended schedule would place the public heating before the City Comaussion on January 2. 2002, .,'EXPLANATION: ~:PROJECT NAME: AGENT: OWNER: ~LOCATION: DESCRI~2~tOZg: MOBIL WOOLBRIGHT & CONGRESS Anna Cottreli Mobil Oil Corporation 2605 W. Woolbright Road Request for Conditional Use/Site Plan approval for a gasoline dispensing establishment with accessory car wash facility. PROGRAM IMPACT: N/A FISCAL ~PACT: N/A ALTERN~TIVES~ N/A ~it~ Manager's Signature pJa~ng.and~ Director City Attorney Finance / Human Resources $ :~Planning~S ~\WP ~PRO~IE G'~t~i obil Woolbright & congress 200 I~Agenda Item Request Mobil Woolbnght. Congress 124-01 .dot S :XBULLE'IINhv':;OltaMSZ,~oOE~I DA. ~ KEQUEST FORM.DOC ~.ii/2iT~0ei 15:35 551~3245~ COTTRELL PAGE 82 November 7, 2001 LusJa Galav Principal Planner o B0y on 1'00 E. B6yaton Beach~Boulevard PO Box 310 Boyaton Beach, Florida 33425-0310 Dc. RE: APPLICATION FOR CONDITIONAL USE AND SITE PLAN APPROVAL MOBIL STATIO?~ORTHWEST CORNER OF THE INTERSECTION OF CONGRESS AVENUE AND WOOLBRIGHT ROAD Dear Lusia: P!~_e~e accept t.his bT. ttar. as oR reque?.that the heating by the Planning and Zoni,g Board for.the re~erenc¢ct application t~e postponea. We are requesting the appl/6atJon be heard in December, 2001 rather tlma November, to-allow sufficient time for MObil Oil to eviluat~ the recommendations ofthe TRC relative to site and architectural design, Your assistance in this matter is appreciated. ).~nceraly, ~ _ Annn Cottrell Herman Steinberg Trammel Crow November20, 2001 December 4, 200~ [] Decemba' 18; 2001 XII. - LEGAL CITY OF BOYNTON BEACH ITEM AGENDA ITEM REQUEST FOE November 7, 2001 (5:00 p.m.~ November 2L 200/~ (5:~0 p.m,) Dec*rnber 5. 2001 (5:00 p.m3 D~cembef 1.9, 2001 (5:00 p.m.) Requested City Commission Meetin~ Dates [] January [] February 5. 2002 [] February I9. 2002 [] March 5;2002 Dat~ Final Form Must b~ Turned in to City Clerk's Office Januar~ 3, 2002 (5:00 p.m.) JanuaD 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) Febma~ 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plato [] Consent Agenda [] New Business [] Public Hearmg [] L~ga, t [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approval an Ordmence, to amend provisions of the Sign Code to facil/tate enforcement, /~dminisWatioll and to comply with emerging legal guidelines, EXPLANATION: The City Admires' tration ha~ been in the process of a re¥iew of the provisions of the City's Sign C°de and have made recommendations based upon adminis~l-afive considerations, emerging ~mds, aesthetic concerns and emerging legal guidelines m amend certain sections of the Code as they relate to banners. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: DepOt Head's Si~am~e Cit~ Anom~ Deparanent Nam~ City Manager's SIgnature Attomey//tF' ce / Human Resources S:~ULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORI~INANCE NO. OI- -.~-~ AN ORDINANCE OF THE CITY OF COMMISSION O~F TI4~ CITY OF BOYNTON BEACH, FLORIDA AMENDING PART III, "LAND DEVELOPMENT REGULATIONS",' CHAPTER 21, FOR )rovisions of the ~hninistrative aidelines; and in the process of a review of the made recommendations based upon and merging legal WHEREAS. :ommanity to amend md to comply WHEREAS, ~he City's needs, and existing property .t it is in the best interest of the administration, : administration of aesthetic concerns, commercial WHEREAS, aesthetic concerto of the rl:llg Section 1. · atified and confirm~~ / DNT:dnt t Commission has is in the best interest of the adopted. BE IT ORDAINED ,BY T~CITY COMMISSION OF FLORIDA: :foregoing "WHEREAS" clauses are true ~m,~h correct and hereby r the City Commission. Page 1 of 29 ORDINANCE NO. OI-~'~) XIL - LEGAL 'rTEM A.1 REVISED AN ORDINANCE OF THE CITY OF COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING PART III, "LAND DEVELOPMENT REGULATIONS", CHAPTER 1, "GENERAL PROVISIONS", ARTICLE II "DEFINITIONS"; TO.CLARIFY THE DEFINITION FOR TIlE TERM "BANNER"; AMENDING PART IH, "LAND DEVELOPMENT REGULATIONS", CIIAPTER 21, "SIGNS", OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACII IN ITS ENTIRETY, TO PROVIDE FOR THE REGULATION, mNIST TION, AND ENFORCEMENT OF REGULATIONS CONCERNING THE EMPO StuNS, PROVIDING DESm ATED CORRIDORS FOR THE PLACEMENT OF TEMPORARY SIGNS W~THIN T~E PUBLIC RIGHTS OF WAY WITHIN THE CITY; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City administration has been in ~e process of a review of the ~rovisions of the City's Sign Code and has made recommendations based upon ~dministrative considerations, emerging trends, aesthetic concems, and emerging legal ~idelines; and WHEREAS, the City Commission has determined that it is in the best interest of the .ommunity to amend provisions of the Sign Code to facilitate enforcement, administration, ad to comply with emerging legal guidelines; and WHEREAS, thc amendments hereinafter set forth will facilitate the administration of the City's regulation ot~ signs in a manner which balances aesthetic concerns, commercial needs, and existing property rights; and WItEREAS, the City CommiSsion has det~mdned that it is in the best interest of the ~esthetic concerns of the City of Boymon Beach that this Ordinance be adopted. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby [tiffed and continued by the City Commission. Page 1 of 30 DNT:dnt ~:\CAK)rd/nanceskLDK Changes~ign code rev/sion for balmers-DT111301.doc Section 2. Article II, "Definitions", Chapter 1, "General Provisions", of the Land )evelopment Regulations, Part III of the Code of Ordinances is amended as follows: BANNER - A sign having the characters, letters, illustrations or ornamentation applied to cloth, paper, film or fabric of any kin o ...... ~.., ~. kind; with only such matena!s for a haC g. --? ........... caasp!es. Section 3. That Part III "Land Development Regulattons, Chapter 21, ~'Sigus", oftbe Code of Ordinances of the City of B0ynton Beach, Florida, be, and thesame is hereby amended to read as follows: CHAPTER 21: SIGNS ARTICLE I. IN GENERAL Section 1. Short title. This chapter shall hereafter be known and cited as "The Boynton Beach Sign Ordinance." Section 2. Definitions: "Sign" qhall mean and include any letter, figure, character, mark, plane, point, marquee sign, design, poster, pictorial, picture, banner, stroke, stripe, line. trademark or reading material which shall be constructed, placed, attached, palnted~ erecteck fastened, manufactured or displayed in an? manner whatsoever for the purpose of informing of or advertising about the nature, twpe or quality of goods, services or activities available; or to advertise the name of any firm. corporation business or an? other enterprise, or its nature. type or quality of goods, services or activities; or m attract to or identify an? of the aforementioned or by its nature, act m draw attention to a business. Every sign qhatl be classified and shall conform to the requirements set forth in this chapter. Page 2 of 30 )NT:dnt S ACA~OrdmaaceskLDR Changezkqiga code revision for bannets-DT 111301.do~ Section 3_~. Purpose. The purpose of this article is to create the framework for a comprehensive and balanced system of sign control. It recognizes the need for a well maintained and attractive appearance in a community and the need for adequate business identification, advertising and communication. It is the intent of this chapter to promote the health, safety, convemance, aesthetics and general welfare by controlling signs which are intended to communicate to the public and to authorize the use of signs which are: A. Compatible with their surroundings. B. Designed, constructed, installed and maintained in such a manner that they do not endanger public safely nor contribute to vehicular visual distraction. C. Efficient in transfer of inforrnation. Section _4X Penalties; enforcement. Any person violating any of the provisions of this chapter shall be deemed guilty ora misdemeanor and upon eonvictiun thereof shall be subject to a fine not exceeding five hundred ($500) dollars. Each day such violation is committed or permitted to cominue shall constitute a separate offense and shah be punishable as such hereunder. Enforcement of this chapter may also be secured through the Code Enforcement hearing process under Chapter 2, _M-ticle V of the Boymon Beach Code of Ordinances. Section 5_4. Permitting. Except as provided in Article II, Section 2 it shall be unlawful for any person to erect, repair, alter, or relocate within the city any sign .and the sm~cture supporting the siam or ctkzr a~veXizing :m:~:',:re as defined in this chapter, without first obtaining a permit from the Boymon Beach D~velopment Department and making payment of the fee re~quired. All illuminated signs shall, in addition, be subject to the provisions of the National Electrical Code. Signs and structures supporting signs ~ previously erected without a valid pemfit shall be in violation of this chapter and shall be deemed illegal signs. It shall be mandatory to obtain a permit for an illegal Page 3 of 30 DNT:dnt ½:\CA\O~dinanc~LDR Chanse~ign cede t~vis~on for banncr~-DT111301 .do~ sign. or to immediately remove such sign and the structure supporting such si ^~ °; ~ ~*"~'~ ' gn ....= ....... rare upon notme that the sign or structure supporting the sign .... ~ ..........ts illegal. The notice shall contain a time period for removal. section 65. Application. Application for permits shall be made upon blanks provided by the development department and shall contain or have attached thereto the following information: A. Name, address and telephone number of the applicant; B. Locataon of b ilding, smlemre or lot tO which, or upon which, the sign and structure supporttn~ the s~gn ................ ~, ....... ~s to be attached or erected; C. Position of the sign and structure supportingthe stgn' ....... ^- ~+~- ......... = ....... m relation to nearby bmlding, structures and property lines; D. Two (2) copies of the plans and specifications and method of construction and attachment to the building or in the ground. Plans must include all proposed sign colors. E. Documents showing that the structure supporting the sign is designed for dead load and Wind load in any direction in an amount consistent with the requirements contained in the Standard Building Code and as required by this and all other laws and.ordinances of the city. The seal of a Florida registered engineer or architect shall be affixed to drawings of the signs ~ and/or structure supporting the sign which have an ar~a exceeding thirty-twO (32)square feet and/or exceeding ten (10) feet in height, certifying that such signs are designed to meet the required loading. In cases when required by the director of development, signs shall show calculations for wind loading. Name of person, finn, corporation or association erecting the sign and the structure supporting the sign st~.-.cmze; G. Written consent of the owner of the building, structure or land to which or on which the sign and the structure supporting the sign is to be erected; Page 4 of 30 DNT:dnt 5:~2AXOrdinanc~skLDR Changl!s~ign code revision for banners-DTl t 1301.do~ H. the type of sign ~and s~gn structure supporting the si~n as defined by this chaPte~i ' ~ ~ ' I. The estimated value of the sign and/or the structure supporting the sign sumct~-e; J. Alt electrical details required to determine code compliance for the sign and the structure supporting the simon; and All such other information as the development department shall require to demonstrate compliance with this and all other laws and ordinances of the city. Section 76. Permit issuance. The development department shall examine plans and specifications and other data and the premises upon which it is proposed to erect the sign and structure suppomng the s~gn ............... ~ ..... ure, and ff ~t appears that the sign and structure is in compliance with all the requirements of this chapter and alt' other laws and ordinances of the city, the department shall issue a sign permit. All pemaits are subject to the reqmrements contained in the latest adopted Coun.tywide Administrative section of the Standard Building Code. Section 8_g. Permit fee. Every applicant, before being granted a permit hereunder, shall pay a fee to the development departlltent prior to permit review or issuance. Any sign or structure supporting a sign which is erected or Ls in the process of being erected without a permit is subject to a total permit fee of four (4) times the normal perm/t fee. Section _9g. Annual inspection. The city may inspect at any time each sign or ether--ad~q4s~ ~ structure supporting a sign regulated by this chapter for the purpose of ascertaining whether the same is unsafe, in need of repair or maintenance, not in conformance with the permit application or otherwise in violation of the provisions of this chapter. Section 109. Revocation of permit. Page 5 of 30 DNT:dm 55CA\OrdinaaecgLDR Changes~sign cod~ revision for banners-DTl t 130 l.doc The development department is authorized and empowered to revoke any permit issued if there has been a violation of the prowsions of this chapter or a misrepresenfation of fact on the pen'nit application and specified in the latest adopted Countywide Administrative Section of the Standard Building Code. Section 1 l~-O. Unsafe and unlawful signs. If it is determined that any sign,_--or structure supporting a sign. o~ otk:r a~v:x!z:.ng ~n::mre regulated hereto is unsafe or insecure, or is a menace to the public~ or has been constructed or erected or is being maintain~ in violation 0£~e proxtisions of this ordinance, he the appropriate City Official shall give written notice to the owner thereof. If the owner fails m ~ with the standards such sign or eh~ f the city at the vhich i~ the sign or )ay costs so cause' any sign or strucrare Section 12~4. Permit number posting. Every sign or structure supporting a sign other a~':c.~izing s~'~cux~ I ~. hereafter erected shall have placed m a conspicuous place thereon, the permxt number of the sign. Section 13~3. Maintenance. The owner of any sign and structure supporting a sign. as defined and regulated by this chapter~ shall be required to properly maintain said sign and structure. For a sign to be properly maintained, the sign, together with its framework, braces, angles or other supports shall be in a safe condition, properly secured, supported and braced and shall be able to withstand weather conditions and loads as required by the regulatory codes in effect within the municipal limits. Maintenance shall include painting and parts r~placement. Section 144-3. Licensing, competency of contractors. A person shall not engage m the business of erecting, painting, wiring or maintaining signs within the city without first having procured an Page 6 of 30 occupational license for such ~siness from both the city and the county. The following qualificitioii~ sh~li ~/~m~the daiegodes of siba work: A. Sign contractor, electrical. Those who are qualified and licensed to install, repair, alter, add to or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs and who are also qualified to erect signs. Such contractor may connect to any existing sign circuit and may contract and secure permits for the erection of electrical signs or sign structures. B. Sign contractor, non-electrical. Those who are quahfied and hcensed to install, repair, add m, paint or change non-elecU-ical signs, according to the Standard Building Code and who may secure permits for the erection of electrical signs or sign structures (but must sublet the electrical work unless an electrical contractor is assaciated with the firm). C. Owners, lessees. Notwithstanding either of the above classifications, nothing herein contained in this section shall be construed to prevent an owner or lessee of property from constmcfmg and erecting a non- illuminafmg sign or sign structure, not exceeding thirty-two (32)~square feet in area and/or six (6) feet in height, on said property. Such work shall be erected in a professional manner and shall comply with all other sections of this chapter. Section 15_44. Wind pressure and dead load requirements. All signs and other advertising structures shall be designed and constructed to withstand wind and dead loads as required by the Standard Building Code or other ordinances of the city. Section 1 _64-5. Removal of abandoned si~cms. Any sign, or structure supporting a si~n, now or hereafter exist'rog which no longer advertises a bona fide business conducted or a product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure aport which such sign may be found, within ten (10) days after the business use ceases. ARTICLE II. VARIANCES/EXElVlPTIONS AND PROHIBITIONS Section 1. Variances. Page 7 of 30 DNT:dnt After denial of a sign permit by the development department, a request for variance may be filed.with the board of zoning appeals. The board of zoning appeals may grant a variance if it finds that the unusual shape or topography of the property in question prevents signage allowable under the provisions of this o~dinance from adequately identifying: the business or other activity located on such property, The board of zoning appeals may only grant a variance to: A. Allow a setback less than that required under the chapter; B. Allow the area and/or height of a sign to be increased by up to twenty-five (25) percent of the maximum allowable height or area; or C. Allow the number of signs to be increased over the maximum allowed by this code. No variances may be granted to signs expressly prohibited by this chapter. Section 2. Exemptions. The pemfit requirements of this chapter shall not apply to the following signs, provided however, that said signs shall be subject to other provisions of this code: A. Real estate signs not exceeding five (5) square feet in area which advertise the sale, rental or lease of the premises upon which such signs are located. These signs must be set back ten (10) feet from the property line, meet the stmcturai requirements and must not exceed four (4) feet in height. Only one (1) such sign is allowed per su'eet frontage. B. A single residential yard sign, not exceeding three (3) square feet in area (Beware of Dog, Watch your Step, Name and Address, etc.). Q. Window/door signs using less than twenty (20) percent of the total glass area facing in any one direction. This area is not included in the total sign area allowed under this chapter. These signs are not permitted in residential zoning districts. D. Political sjgn~. These s~gns must comply with Article Section 6.D of this Chapter. Page 8 of 30 )NT:dnt S:\CA'OrdinanCeakLDR Changeak~i~l code revision for bmmer$-DT11 t301.do¢ [E. Bulletin boards not over eight (8) square feet in area for public, charitabl~-or "'" religious instimfioias when the same are located on the premises of such institutions. GF. Occupational signs denoting only the name and profession of an occupant in a commemial building, public institutional building or dwelling house and not exceeding two (2) square feet in area. ~_. Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other incombustible materials. IH__. Traffic or other governmental signs, legal notices, ralkoad crossing signs, danger signs and such temporary, emergency or non- advertising signs as may be approved by the city. 31. Signs indicating the address and/or name of the residential occupants of the premises, not exceeding two (2) square feet in area. t~_. Vehicular signs. L__.. Bus shelter signs. Section 3. Prohibitions. The following signs and related equipment are prohibited in all dislricts: A. Any sign and/or sign structure which does not meet all the criteria set forth in this chapter. B. Animated/fluttering signs C. Balloons ED. Bus bench signs F.E_. Festoons GF. Flashing signs Page 9 of 30 DNT:dnt 5:\CA\OtdinanceskLDR Chang~s~s~gn code r~vision for b~ners*DTl 11301.doc tqm_. Roof signs IH. Rotating signs ~_I. Signs that swing ~4_J. Sidewalk signs (sandwich/"A" frame) ~K. Portable signs N4L. Signs that obstruct free ingress to or egress from a door. window, fire escape or other required exit or entrance. NM. Signs which use the words DANGER, STOP or LOOK or any other words~ phrases, graphics or charactem in a manner as to interfere with, confuse or mislead traffiC. ON. Snipe signs or signs attached to or painted on fire escapes, television antennas, satellite dishes, utility poles or any other associated structure. matter. Signs which emit odors, sounds, smoke, vapor or other visible Off.. Signs or sign structures supported by visible guy wires, cables or where there is visible electrical conduit. R-Q. Unauthorized signs on property owned by or under control of the City of Boynton Beach. ,,~ ......... ~ ..,,,h~..+ .... :, ..... e ...... unless approved pursuant to this Chapter. :[:S_. Off premises signs, except those permitted under Article III, Section 6 or Chapter 22, Article H, Section 7, Paragraph O. ~T. Electrical signs of a commercial nature in residential zoning districts, except that in a development where models are being demonstrated, an illuminated sign, meeting the other requirements of this chapter, may be used provided no illumination is shown between the hours of 9:00 p.m. and 7:00 a.m. the following day. Page 10 of 30 )NT:dnt ~¢U. Commercial'adv6rtising matter, including but not limited to. circulars, throwaways, handbills; provided however, this prohibition shall not be construed to prevent the use, distribution or dissemination of such matter on a regular weekly, bi-weekly or monthly basis by a person or business duly licensed or registered with the city. This prohibition shall not be construed to include business cards. Billboards. XW. Non-geomemc signs shaped to depict figures or demonstrative shapes used to attract attention to the business activity with which the sign is associated. YW_. Painted Wall Signs. ARTICLE m. SPECIAL CONDITIONS Section 1 Traffic hazards. No sign or oO~--ad~vtisi~g structure supporting a siam regulated by tiffs chapter shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the mew of or be confused with any authorized traffic sign, signal or device. Section 2. Obscene matter/misleading advertising. It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent or immoral matter. It shall be unlawful for a person to display false or misleading statements upon signs, calculated to mislead the public as to anything sold, any services to be performed or information disseminated. The fact that any sign or display shall contmn words or language sufficient to mislead a reasonable and prudent person in reading same, shall be prima facie evidence of a violation of this section by the person displaying the sign or permitting same to be displayed. Section 3. Aesthetics. The aesthetic quality of a building or an entire neighborhood is materially affected by achieving visual harmony of the signs on or about a Page 11 of 30 )NT:dnt 5CA\OrdinanceskLDR ChangesXsign code revision for banners-DT11130 t.doc structure supporting a si~n as it relates to the arclfitecture of the building or the adjacent surroundings. In addition to the mechanical limitations on signs tmposed by this section, there are certain aesthetic considerations which must be met and are therefore subjeet ro review by the Planning and Development Boai'd when required. The scale of the sign must: be:consrstent with the scale of the building on which it is to be placed or painted and the neighborhood in ~vhich it is located. However, in no case shall it exceed the size provided for in other sections of this chapter. The overall effect of the configuration or coloring of the sign shall be consistent with.the Community Design Guidelines. The configuration and colors shall be complementary with other signs ak~ady on thehuilding and on adjacent properties. All freestanding signs shall be landscaped in an attractive manner, appropriate to the specific location, with a minimum dimension of the landscaped area not less than two (2) feet. Landscaping shall be protected fi:om vehicular encroachment. Section 4. Interpretation. Where a question arises regarding the interpretation of this chapter, the most restrictive interpretation shall prevail. Interpretations of this chapter shall be made by the 'director of development or designee. Section 5. Setbacks. All signs must meet a minimum ten (10) foot setback measured fi:om the property line to the closest surface of the sign. Where a building is closer than ten (10) _feet from a property tine, a freestanding sign can have its leading edge one halfway between the property line and the building. Walt signs can be on the building surface. When an accessway intersects a public right-of-way or when the subject property, abuts the intersection of two (2) or more public rights-of- way, all signage within the triangular areas described below shall provide unobstructed cross-visibility at a level between thirty (30) inches and six (6) feet. The triangular areas above referred to are: Thc areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public Page 12 of 30 DNT:dnt S:\CA\OrdinanceskL,DR Changes~ign code revision for banners-DTl I 130 l.doc Section 6. A. right-of-way line with two (2) sides of each triangle being ten (10) fe'e~t'in'~iCag~'(or more when determined to be necessary by the development department), fi.om the point of intersection and the third side being a line connecting the end of the other two (2) sides. The area of property lecated at a comer formed by the intersection of two (2) or more public or private rights-of-way, with two (2) sides of the triangular area being thirty-five (35) feet in length along the abutting public right-of-way lines, measured from their point of intersection and the th/rd side being a line connecting the ends of the other two [2) lines. Special signs. Temporary project development signs. Large areas under development shall be permitted two (2) signs not to exceed a combined aggregate area of two hundred fifty (250) square feet. Said signs shall be located in accordance with the requirements contained in this chapter relating to the specific zoned area. Permits for said signs shall be limited to the time the development is completed, terminated or abandoned. The permits for such signs will not be issued prior to the date upon which an application for a permit for the related building construction or site development is filed. These signs must be removed within sixty (60) days after the permit is issued, if construction has not commenced, or if such construction is substantially abandoned for ninety (90) days, as evidenced by a lack of inspections and/er other pertinent conditions. Signs must be removed when the final building inspection is called for. Temporary construction signs. One (1) non-illuminated sign may be permitted to be erected on the premises or attached to a tool house on the premises subject to the following conditions: Such sign shall not exceed thirty-two (32) square feet in Such sign shall not be erected prior to the issuance of a building permit and must be removed when the building or project is completed; provided, however, if such sign is erected as pemaitted hereunder and construction is Page 13 of 30 )NT:dnt :\CA\OrdinanceskLDR C'hange~ksign code revision for banners-DT111301.doc not commenced within one hundred eighty (180) days after permit is issued, or if such constmctiQn is substantially abandoned for one hundred eight (180) days as evidenced by a lack of successful inspections and/or other pertinent conditions, such sign shall be immediately removed by the owner or lessee of the premises. Such sign shall be located on the premises being developed in accordance with the requirements of this Code relating to the specific zone areas. Directional signs, General directional signs limited to six (6) per civic organization, church, recreational facility and limited to one hundred forty-four (144) square inches per sign and located at Street intersections or other locations for the convenience of the traveling public, may be permitted in city right-of-way when approved by the director of development. The owner shall have the signs made at the owner's expense, but according to the specifications of the city. Said signs shall be placed by the responsible governmental body at the expense of the owner and when the sign is in the public dght-of-way,~'~ it shall be placed on opposne comers from street signs. A limit of six (6) signs on one (1) pole may be permitted at each street intersection. Special civic event, recreational or expositional signs of a temporary nature, not to exceed seventy-five (75) square feet in area, which are of general benefit to the community and which are individually approved by the director of development, may be permitted. Such signs shall be located at specified points for the convenience of the traveling public. The signs shall be removed within five (5) days of the completion of the event. o Street signs. A subdivision name sign may be placed on a city street post by city personnel, provided it is requested through the Public Works Department and paid for by the party requesting said sign. This s~gn Page 14 of 30 DNT:dnt S:\CA\Ordinance~LDR Changes~sign code re~ision for banners-DTl 11301.doe Do shallbe identical ro the street sign as to color, size and shape. Temporary directional signs may be erected m guide traffic to building models at intersections in the city fights-of-way. Such signs shall not exceed three (3) square feet in area. nor be more than three (3) feet in height above the grade of the right-of-way. Said signs shall be approved by the development department. Not more than six (6) such sign~ will be allowed for any one (1) development. These signs shall be placed at the development department's discretion and in all cases shall be placed as close as possible to the developmem from the mare thoroughfare. A residential subdivision, residential development or neighborhood association of.twenty-five (25) units or more, may be allowed one (1) identification sign at each major intersection which serves the residential subdivision, residential development or neighborhood association, not to exceed two such locations. Each sign may have no more than two (2) faces not exceeding sixteen (16) square feet each face, and may be located in the public right-of-way when traffic visibility is unobstructed and the location is approved by the director of development. Upon approval, the city and the representatives of the residential subdivision or residential development or neighborhood association shall enter into a license agreement, setting forth the terms and conditions upon which approval to place the sign on the public right-of-way is granted. Approval does not preclude the necessity to secure approvals from other governmental aguncres. Temporary political signs may be posted on private property within the city during the sixty (60) day period preceding any local, state, or national election, with- the consent of the property owner. Candidates or parties desiring to post such signs shall file with the city Clerk a notice of intention, to post same prior to the posting of any such sign and shall agree to remove any such signs so posted within ten (10) days after the date of the election. No fee shall be required in connection with the posting of temporary political signs. Political circulars Page 15 of 30 Dix~:dnt S:\CA\Ordinance~LDR Changes~s~gn code revision for bannem-DT111301 .doc and handbills may be distributed within the city during the above sixty (60) day period. All political signs must comply with the structural and setback requirements of this Code. Bus shelter s~gns. Signs on city transit stop shelters may be permitted when authorized by written agreement approved by action of the City Commission pursuant to the provisions of Section 337.407(2), F.S. When so authorized, the following standards shall apply: Signs on city transit stop shelters and associated structures and equipment, including but not limited to benches, bicycle racks, and trash receptactgs, shall be permitted only at city transit stops designated by the city, or other areas approved by the City. Placement of bus shelters shall be subject to city review so that no shelter Shall be permitted to obstruct a pub}it sidewalk or create a hazard or to otherwise b'e deU'imental to the public safety. A permit for each bus shelter shall be required, but no permit fee shall be charged. Bus shelters and associated structures or equipment shall be designed to meet city building code requirements, if any. Any bus shelter or associated structures or equipment located on a sidewalk within a public right-of-way, shall be so located so as to leave at least thirty-six (36) inches clearance for pedestrians and persons in wheelchairs. Such clearance shall be measured in a direction perpendicular to the centerline of the road. In addition, shelters and pads shall comply with the Americans with Disabilities Act Implementation Manual, Accessibility Guidelines for Transportation Facilities; Part IV of the Federal Register, Transportation for Individuals with Disabilities; Florida Statutes, Section 337; the Florida Administrative Code Rule Chapter 14-20 and any city standards or guidelines for placement and design. Not more than one bus shelter or associated structures or equipment displaying signage or intended for the Page 16 of 30 ~NT:dnt ~CA\OrdinanceskLDR Changes,s~gn code revision for banners-DTl l 1301.do~ display of signage shall be permitted at a city transit stop. Display space on bus shelters shall be limited in location and size to the side or rear wind screen panels. If any bus shelter or associated structures or equipment signage is deemed objectionable in the judgment of the city, it shall be removed by the sponsoring organization. Should any bus shelter, associated structures or equipment or sign on an associated structure or eqmpment, or bus shelter sign fail to conform to the above standards; or should a reSidential property owner object to the presence of a bus shelter abutting his property, then the city may order the sponsonng organization to remove such bus shelter and, that failing, may remove same at the expense of the sponsoring orgamzation. One ~temporary banners may be posted on pnvate~ommercial or i----~dustriallv zoned property within the city for z..~ a period I of time not to exceed two weeks within a one year period. No temporary banner sign may be displayed without written approval in advance by the director of development or his/her designee. Temporary banner signs shall be limited to announcing the opening or closing of a commercial or industrial business and shall not be used to announce any sale or special business event. Temporary banners may not exceed an area of twenty (20) square feet each, may not be placed in setbacks, and may not create any obstruction to motorist visibility. Applicant shall agree to remove banners within twelve hours upon posting of a tropical storm or hurricane watch. This subsection shall ~. ....,~.,~ +~ ,~ t,: .... r ...... r~,. ..... ~' : ......... prohibit the City from uskng placine banner signs on Ciw owned property or within the public fight-of-way within certain designated corridors throughout the City in order to announce municipal or not-for profit activities, events or programs_pursuant to this Cra tp_~. Section 7. Nonconforming signs. Page 17 of 30 DNT~dut S:KL~\Ordin~R ChangesXsign code revision for banners-DTl I 1301 .doc A sign or ad;'c:'tJ.z/ng z:.'-~cture structure supporting a sign located in an area annexed into the city after the adoption of Ordinance No. 91-1 (January 15, 1991) shall be brought into compliance with ali provisions of the Sign Code within six (6) months following the date of annexation. No amortization period provided herein shall apply to signs or structures supportin~ the sians~within such annexation areas. A billboard sign tn an area of Palm Beach County wh/ch is annexed into the City of Boynton Beach after the date of adoption of Ordinance No. 94-18 (June 21, 1994) shatl-be brought into compliance with all provisions of the Sign code within five 1'5) years following the date of annexation, provided that any billboard on undeveloped land shall be brought into compliance as a condition precedent to the issuance of any development order sought prior to the five-year amortization period. An existing billboard sign which was annexed into the City of Boymon Beach after Jmmary 15, 1991 shall be brought into complianc~ within five (5) years from the date of adoption of Ordinance No.-94-18 (June 21, 1994). The provisions of this section which define and delineate a nonconforming sign shall apply to all billboards annexed into the city. Any existing sign which does not conform to the requirements of this chapter,-shall hereafter be deemed nonconforming. All sJgns must be maintained m original standards and conditions and upon modification must comply with all sections of this chapter. Relettering or change of copy, provided there is no alteration or repair made to the sign structure, shall not constitute a modification. Nonconforming signs shall be removed, changed or altered to conform to the provisions of this chapter by December 31, 1999. A sign shall not be deemed nonconforming if any one of the following conditioias apply: Ao The sign is a freestanding sign which does not exceed 24 feet in height but is othemrise in conformance with all provisions of this chapter; or Bo The s~gn is a wall sign or ~eestanding sign which does not exceed the sign limitations set forth in ttfis Sign Code by more than 20 percent and is otherwise in conformance with all provisions of this chapter; or Page 18 of 30 DNT:dnt The sign isa freestanding sign which does not meet the setback requirements Of/hi§ chapter, but does not otherwise violate the setback requirements set forth in dmicle III, Section 5 or any other provisions of this chapter. If any nonconforming sign is damaged by any cause or is otherwise in need of repair, to such an extent that the cost of repairing the sign equals fifty (50)per cent or more of the original cost of the sign, then its classification as a "nonconforming" s~gn under this section shall be automatically revoked and repairs shall be made so that such sign shall meet all the reqmrements of this chapter. Section 8~ Overhead clearance. A sign projecting over areas where vehicular traffic may be required to pass shall be erected to maintain a minimum clearance of sixteen (16) feet for the free passage of such vehicles. ARTICLE IV. SIGNS ALLOWED Section 1. Signs allowed in residential zoning districts. The following signs are allowed and regulated in residential zoning districts: A. One (1) plaque not exceeding two (2) square feet in area. On plots containing pennitted nonresidential structures or uses, a flat or freestanding sign, not exceeding thirty-two (32) square feet in area will be permitted for the limited purpose of advertising only the main use of the premises. A flat wall sign on a building must not be higher than ten (10) feet, and a freestanding sign must not be higher than six (6) feet. Signs on entry walls may not extend above the top of the wall. C. Temporary real estate signs Single Family: One (1) real estate sign not exceeding five (5) square feet in area and no taller than four (4) feet is allowed per street frontage. Page 19 of 30 DNT:dnt ,:~A\OrdinanceskLDR Changesksign code revision for bannets-DT111301.doe Muiti-family or commemial: One (I) real estate sign not exceeding thirty-two (32) square feet in area and no taller than six (6) feet is allowed per street frontage. A condominium, residential development, or incorporated residential neighborhood association may erect single faced name signs on each s~cle of all entrances on site walls or one (1) freestanding monument sign for each entrance. These signs are not to exceed thirty-r~vo (32) square feet in area, nor be more than six (6) feet in height. Directional signs for multi-f~'ly or permitted nonresidential structures, not exceeding four (4) square feet in ~ea nor five ~5) feet in'height'_may be allowed at points of ingress and egress~ (Ord. No~ 96;61, § 5~ t-21-97) Section 2. Signs allowed in commercial nonresidential districts not otherwise excluded. The following signs are permitted and regulated in all commercial nonresidential districts not specifically set forth elsewhere in this chapter: One (1) real estate sign advertising "For Sale/RenffLease", may be placed on the premises and shall not exceed thirty-two (32) square feet in area, nor s~x (6) feet in height. One (1) such sign is permitted for each street frontage. One (1) double faced freestanding sign advertising the use of the premises. The maximum area for this sign shall be one (1) square foot of area for each linear foot of street frontage; no such sign shall exceed sixty-four (64) square, feet in area. No sign shall be taller than twenty (20) feet. One (1) or more fixed projecting or flat wall sign(s) which advertises the use of the prermses, provided that for the projecting sign, the sign and its supports shall not extend mom than three (3) feet beyond the face of the wall, nor shall either sign extend above the parapet of the building or beyond the building comers. The maximum area for this signage shall be one and one half (1-1/2) square feet of area for each one (1) foot of linear building frontage. Page 20 of 30 DNT:dnt ~ 5CA~Ordinances~LDR Changer',sign code remsion for barmers-DTl I 130 l.do~ Section 3. In addition to the other signs in this section, one (1) on- premises sign, described as follows, shall be permitted in those commeroal districts of the city where drive through restaurants are permitted. Said sign shall be an exterior single-face menu sign with illustrated face not to exceed twenty-five (25) square feet, Such signs will allow for instructions on use of pick-up window servtce and list the menu and price of items to be served, with the mp of the sign not to exceed five (5) feet above ground level at the base of the sign. Non-illuminated identification signs shall be permitted on the rear door of all business establishments provided such signs are limited to three (3) square feet in area. Directional signs, not exceeding four (4) square feet in area. nor five (5) feet in height with a limit of four (4) signs per lot, located at points of parking lot ingress and egress. Temporary business identification signs shall be permitted instead of other wall signs permitted in this section. One (1) temporary sign for a maximum of thirty (30) days, can be permitted when a Certificate of Occupancy has been issued, pending the approval of a sign application, if at the time of the Certificate of Occupancy an application for a sign permit has been submitted to the development department. Signs allowed in shopping centers and public use districts. The following A. signs are permitted and regulated for shopping centers: One (1) real estate sign advertising "For Sale/Rent/Lease", may be placed on the premises and shall not exceed thirty-two (32) square feet in area, nor six (6) feet in height, one (1) such sign is pennitted for each street frontage. one (1) freestanding sign advertising the use of the premises. The maximum area for this sign shall be one (1) square foot of s~gn area for each linear foot of street frontage of the lot provided such sign does not exceed one hundred sixty (160) square feet in area or a maximum height of twenty (20) feet. Lots which front on more than one (1) collector and/or arterial roadway shall be allowed one (1) additional freestanding sign, not m exceed one hundred sixty (160) square feet in area with a Page 21 of 30 )NT:dnt :\CA~)rdinanceskLDR Changesxs~gn code revision for banners-DT11130 t .doc Section 4. maximum height of twenty (20) feet. to be located on the additional roadway. One (1) or more flat wall sign(s) which advertises the use of the premises. The maximum area for this signage shall be one and one half (1-1/2) square feet of area for each one (1) foot of hnear building frontage. Where a covered walkway is present, each store shall be permitted one (1) under canopy sign not to exceed three (3) square feet in area. This sign shall be placed in front of each occupancy perpendicular to the building face under the covered walkway and shall not be less than ninety (90) inches from the walkway, with a rigid mounting. A directory sign, not exceeding eighteen (18) square feet in area, is permitted. This directory sign can not exceed a height. of six (6) feet and must be placed within the building setback Non-illuminated identification signs shall be permitted on the rear door of any business establishment, provided they are limited to three (3) square feet in area. Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height with a limit of four (4) signs per lot, located at points of parking lot ingress and egress. Ho Temporary business identification signs shall be permitted instead of other wall signs allowed in this section. One (1) temporary sign for a maximum of thirty (30) days, can be permitted when a Certificate of Occupancy has been issued pending the approval of a sign application if at the time of the Certificate of Occupancy, an application for a sign permit has been submitted to the development department. Signs allowed in malls. The following signs are permitted and regulated in malls: exterior building wall signs, one per exterior wall face of each major department store and other center section stores with exterior customer entrances. These signs must not exceed ten Page 22 of 30 ~NT:dnt 5:\CA\Ordinanc~skLDR Changes,.slgn cod~ revision for barmers-DTl 11301.doc (10) percent of the exterior wall face upon which they are attached. Each~e~tmnce from the public fight-of-way in~o the mall will be allowed a ttu-ee-sided freestanding sign not to exceed thirty-two (32) square feet in area per sign face. A freestanding s~gn, in compliance with Article IV, Section 3.B will be permitted in lieu of the above referenced entrance signs. Directional signs, not exceeding four (4) square feet in are~. nor five (5) feet in height with a limit of four (4) signs per lo~. located at points of parking lot ingress and egress. A directory sign, not exceeding eighteen (18) square feet in area, is permitted. This directory sign can not exceed a height of six (6) feet and must be placed within the building setback area. D4 Non-illuminated identification signs shall be permitted on the rear door of business establishments, provided they are limited to three (3) square feet in ax'ea. One (1) real estate sign advertising "For Sale/Rent/Lease", may be placed on the premises and shall not exceed th/ny-two (32) square feet in area, nor six (6) feet in height. One (1) such sign is permitted for each street frontage. ection 5. Signs allowed in industrial zoning districts. The following signs are permitted and regulated in industrial zoning districts: One (1)real estate sign advertising "For Sale/Rent/Lease", may be placed on the prermses and shall not exceed thirty-two (32) square feet in area, nor six (6) feet in height. One (1) such sign is pen'nitted for each street frontage. One (1) freestanding sign, not exceedifig sixty-four (64) square feet in area, advertising the use of the premises. This sign shall be predicated on the basis of one half (1/2) square foot of sign area for each one (1) linear foot of street frontage, with a maximum height of twenty (20) feet. Co One (1) or more fixed projecting or flat wall sign(s) which advertises the use of the premises, provided that for the projecting s~gn, the sign and its supports shall not extend more Page 23 of 30 :)NT:dnt ;:\CA\OrdinanceskLDR Changesksign code revision for bannexs-DT111301.doc than three (3) feet beyond the face of the wall, nor shall either sign extend above the parapet of the building or beyond the building comer. The maximum area for this signage shall be one (1) square'foot of area for each one (1) foot of linear building frontage. Non-illuminated idemification signs shall be permitted on the rear door of business establishments, provided they are limited to three (3) square feet in area. A directory sign, not exceeding eighteen (18) square feet in area, ~s permitted. This directory sign can not exceed a height of six (6) feet:and mus~t be placed within the building setback area. Lots which have uses which front on 1-95 may be permitted additional flat sign(s) subject to the limitations ~imposed in Article IV, Section 5.C if the building is designed tO front on 1- 95. For purposes of clarification, fronting in this section means that the building entrance faces 1-95 and no garage doors are visible from the Interstate. Additionally, the area between the use and the Interstate must be landscaped as if it were fronting on a street. Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height, with a limit of four (4) signs per lot, located at points of parking lot ingress and egress. II, Temporary business identification signs shall be permitted instead of other wall signs permitted in this section. One (1) temporary sign for a maximum of thirty O0) days, can be permitted when a Certificate of Occupancy has been issued pending the approval of a sign application, if at the time of the Certificate of Occupancy, an application for a sign permit has been submitted to the development department. Section 6. Signs in the central business district. The following signs are permitted and regulated in the central business district (CBD): Page 24 of 30 DNT:dnt $:\CA\Ordinance~hLDR Chang~s~sign code t~ision for bann~s-DTt 1130l.doc Section 7. Do Go One (1) real estate sign advertising 'For Sale~ent/Lease , may be placed on the premises and shall not exceed sixteen (16) square feet in area, nor six (6) feet in height. One (1) freestanding sign, not to exceed eighty (80) square feet in area. advertising the use of the premises. The maxxmum area for this sign shall be one (1) square foot of s~gn area for each one and one half (1-1/2) linear feet of street frontage, with a maximum height of twenty (20) feet. One (1) or more fixed projecting or fiat wall sign(s) which advertises the use of the premises, provided that for the projecting sign, the sign and its supports shall not extend more than three (3) feet beyond the face of the wall, nor shall either sign extend above the parapet of the building or beyond the building comer. The maximum area for this signage shall be one (1) square foot of area for each one (1) foot of linear building frontage. Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height, with a limit of four (4) signs per lot, located at points of parking lot ingress and egress. Where a covered walkway is present, each store shall be penrdtted one (I) under canopy sign not to exceed three (3) square feet m area. This sign shall be placed in front of each occupancy under the covered walkway and shall not be less than ninety (90) inches from the walkway, with a rigid mounting. Identification signs shall be permitted on the rear door of business establishments, provided they are limited to three (3) square feet in area. Temporary business identification signs shall be permitted instead of other wall signs allowed in this section. One (1) temporary sign for a maximum of thirty (30) days, can be permitted when a Certificate of Occupancy has been issued pending the approval of a sign application, if at the time of the Certificate of Occupancy, an application for a sign permit has been submitted to the development department. Signs permitted in planned districts. Page 25 of 30 DNT:dnt S:~CA\Ordinances~DR Changes~t gn code revision for banners-DTl 1130t.doc The following are the general requtremems for signs in planned districts (PUD, PCD and PID); for.specific allowable signage, see the regulations for each regular zoning district. Purpose and intent. The purpose of this section is to encourage continuity for signage in the planned districts, while allowing for flexibility with respect to type, color, number, location (exclusive of setbacks) and 'design of signs. The gemeral requirements for each planned district can be found in the corresponding r~egular zoning district in this sign chapter. The approval of signs in planned districts require the submission of a sign pmgra~ for ~tie entire project as part of the site plan approval process. Sign program. All requests for approval of a sign program shall be filed as part of the original site plan approval process or as a modification to the approved site plan, All applications shall be filed by the sign owner or his agent, with the appropriate fee and shall describe and set forth the following: 1. The type and number of signs or sign structures. 2. The area per sign and dimensions of structures. Three (3) ccmified copies of the site plan showing sign location, sign elevations and construction details, such as materials, colors, wind resistance reqmrements and structural details. In addition to the above, one (1) set of colored sign elevations with all copy shown in the type style to be used. Section 8. Signs Within Public Rights-of-Way and City Owned Property The following are the general requirements for placing simms within the public rights-of-way and on City owned property in order to announce public or not- for-profit events, activities, and/or programs: Purpose and intent The purpose and intent of this section is to regulate the placement of si~ns within public rights-of-way and on Page 26 of 30 ~NT:dnt City owned property within the City in order tO facilitate the announcement of public and/or not-tbr-profil events, activities, and/Or progrsms- and to insure the safety of residents and citizens with respect to the placement of signs within the public rights-of'way and on City owned property. Siml Program Within the City there are hereby designated certain corridors located along designated public rights-of-way in Which signs may be placed, pursuant to the provisions of this Chapter, on City owned property or within the public right-of-way in order to announce .specific public and/or not-for-profit events, activities and/or programs. The corridors are as follows: 1. Seacrest Boulevard from Woolbfi~t Ezulzvar~ Road to I Gatewa Boulevard 2. Woolbright P,c':2c:.'ar~ Road from Congress Avenue ~o the West end of the Intracoastal Brid~e, 3. East Ocean Avenue from Seacrest Boulevard east to the West end of the Intracoastal Brid~e, Con~ess Avenue from Gateway Boulevard south to Congress Community Middle School, 5. Bowiton Beach Boulevard from Winchester Park Boulevard 6. Federal Highway from Gateway Boulevard south to Woolbright ~oad, and 7. Martin Luther Kin~ Boulevard from Seacrest Boulevard east to Additionally, signs may be placed at the Boynton Beach Tennis Center in order to announce special events held at the Temlis Center. Within the designated corridors, vertical banner signs may only be placed on utility poles located wi*Ida the public rig, ht.~-of-wav pursuant. to the followin~ requirements: 1. The vertical banner signs may be placed on hardware attached to the utilit~ poles by the CiW's Public Works Department, after review and approval by the Development Deparunent. 2. The vertical banner signs a_naehed to utility poles may not exceed six (6) feet in heig2tt. 3. No portion of a vertical banner sign may be used to advertise a_ specific product or service. The banner sign may, howe'ers, display the name' or logo of the sponsor of the public or not- for-profit event, activity, and/or program or the event logo, Page 27 of 30 n code re~ision for banners-DT111301 ,doc A public or not-for,profit event is an event sponsored by the City or a community-based not-for-profit entity which shall be reviewed by the Ci~"s Development Department and approved by City Council Resolution. City may place b~anners or other simms on'city, property in order ro decbrate :or"ann~dnee specific public an~or not-for-profit events activities :and/or p~'o~ams., 'Sdch. simms .qbat! be authorized bythe Recreation Dep~ent. require a building permit unless, determine~l otherw/sebvV~the B..uildine Official, and shall not be' subject m area or duraiioffiimit§ p~03ided ~ti~in th/s chapter. Section 4. Conflicting Ordinances. ~11 prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 5. Severability. ~f any section, sentence, clause, or phrase of this Ordinance ts held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 6. Inclusion in Code. It is the intention of the City Commission of the CITY OF BOYNTON BEACH, Florida, that the provisions of this Ordinance shall become and be made a part of the CITY OF BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may be runumberod or reletterod and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Page 28 of 30 DNT:dnt 5ACAXOrdinam:e~XLDR Change~i~n code my/sion for b~lners-DTl I 1301.doc Section 7.. Effeclave Date. shall become effective thirty (30) calendar days after adoption by the City Page 29 of 30 DNTldnt , . -- =-~onforbann~r~D'l'lll3Ol.doc SECOND, FINAL READING AND PASSAGE this dayof ,2001. CITY OF BOYNTON BEACH, FLORIDA Clerk Mayor Vice Mayor Comnussioner Commis$1Oiler Commissioner Page 30 of 30 Changea~ign ¢od~ revision for baanen~-DTl I 1301 Requested City Commissaon M~eqfina Dates [] November 20, 2001 [] December 4, 2001 [] December 18, 2001 [] January 2, 2002 XII. - LEGAL ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Nlust be Turned is .m. City Clerk's Office November 7, 2001 t5:00 p.m.) November 21, 2001 5:00 p.m.) December 5,200[ (5:00 p.m3 December 19, 200l (5:00 p.m.) Requested City C°mrmss~on Mq0ting Dares '-~ January [5, 2002 [] February 5. 2002 [] February 19. 2002 [] March 5, 2002 Date Final FormMust be Turned in to Giw Clerk's Office. January 3,2002 (5:00 p.m.} January 16, 2002 (5:00 p.m.~ Febraary 6. 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDAITEM ~-~ Adminis~ative [] Developmem Plans [] Consent Agenda [] New Business [] Pubhc Hearing [] Legal [] Bids [] Unfinished Business [] Announccraem [] Presentation [] City Manager's Report Please place this request on the December 4, 2001 City Commission Agenda under RECOMMENDATION: 2001, the City Corarmsston, with a uoammons vote approved the amendments for Legal, First Reading. On October 2. transmiual to the Florida Deparunent of Community Affairs (DCA) for their review. The DCA chose to waive review of the · - ' · will be the adoption of a local amendments and approved them for adoption by the Ctty. The final step m this process Palm Beach County School urdinance relating to the process for concurrency review of local development applications by the District. EXPLANATION: PROJECT NAME: AGENT: DESCRIPTION: Comprehensive Plan Amandmenrs School Concurrency The City of Boyaton Beach · Addition of a "Public School Facilities Element (Element 10) · Addition of goals, objectives and policies to the "Capital Improvement Element" (Element relating to School Concurrency and levels of service for public education facilities · Map Series PS1.1-3.4 relating ro School Concurrency · Support Documents PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~ N/A Develo~nt ~epur~n~ Oirecto~ Plaurfing anct nalg City Manager's Signature City Att o{/de~3~ Finance / Human Resources Requested Cit3 Commission !' ] November20.2001 [] December 18. 2001 XlI. - LEGAL ITEM A.2 CITY OF BOYNTON BEAC} AGENDA' ITEM REQUEST FOI ,. Date Final Form Must be Turned in to CRv Clerk's Office November 7. 2001 ,5:00 p.m.) November 2L 2001 (5:00 p.m.) December 5. 2001 (5:00 p.m.) December [9. 2001 (5:00 p.ra.) Requested City Commission Meeting Dat~ [] January 15. 2002 [] Februar~ 5, 2002 [] February 19. 2002 March 5, 2002 Date Final Form Must be Turned in to'CiW Cleric's Office lanuar~ 3. 2002 (5:00 p.m.l Janua.'7 16, 2002 (5:00 p.m.) February 6. 2002 (5'00 p.m.) FebruaE,' 20, 2002 (5:00 p.m.~ NATURE OF AGENDA ITEM [] Administranve [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] P~sentation [] City Manager's Report RECOMMENDATION: Motion to amend Chapter 26, Article IV, Division 4, Subsection D, Section 26-143 Discharge of Restricted Wastewater as it relates to the Industrial Pretreatment Program by adopting by reference the local limits as set by the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB). EXPLANATION: The operating permit that is issued to the SCRWTDB regulates the parameters of various industrial wastewaters. The limits ofthes~ various industrial wastes changes from time to time based on the requirements of Florida Depmhaent of Environmental Protection, the permitting agency. When these changes occur it is necessary for our City ordinances to change to match the permit requirements. The purpose of this amendment to the ordinance is to allow for the automatic adoption of the limits of the SCRWTDB. PROGRAM IMPACT: We will monitor those industrial customers within our wastewater system according to the limits of the SCRWTDB. In addition, should limits change in the future, we will not need to go through the legislative process of amending our ordinance. FISCAL IMPACT: No additional funding is required. ALTERNATIVES: Continue to modify the limits in our ordinance to meet the permit requirements of the SCRWTDB each time the operational permit is modified. SSBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM TWo O~b~ ~o, 20o! i-~0~i CommisSion Agenda Request Form - adopting discharge of restricted wastewater amendment Depar~aent Head's Utilities Department Name City 4v~,~'~/Finance / Hmmm R~sou~es CC: /acl John Guidry Mark Law Jim Bur~ James A. Cherof, City Attorney S :~BULLE'I'~'~I~ORMS~4.GE~'DA fl'EM REQUEST FORM.DOC ORDINANCE NO. O1- ~"~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA, AMENDING CHAPTER 26~ ARTICLE ,IV,,~ DMSION 4, SUBDFVISION D, SECTION 26~143 DISCHARGE OF CERTAIN WASTES RESTRICTED", OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, TO PROVIDE FOR THE INCORPORATION, BY REFERENCE, THE DISCHARGE LIMITS' AS ADOPTED BY THE SOU~H -CENTRAL REGION3.L WASTEWATER TREATMENT AND DISPOSAL BOARD; PROVIDING FOR CONFLICTS~ SEVERABILITY, CODIFICATION AND 'AN EFFECTIVE DATE. "C' WHEREAS,- the City of Boynton Beach ( ~ ity") entered into that certain Industrial Waste and Pretreatment Agreement dated March 24, 1995; and V~rlEREAS, pursuant to said Industrial Waste and Pretreatment Agreement, ("Agreement") the City has adopted prior ordinances providing for the implementation and administration of said Pretreatment Program; and WHEREAS, the limits comained with the Agreement have been revised and [pproved by the state of FIorida Department of Environmental Protection; and WHEREAS, in compliance with the Agreement, the City Comrmssion desires to amend its Ordinances in order to adopt the revised limits for the discharge of substance into the public seWers within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, AS FOLLOWS: Section L The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 26, "Water, Sewer~ and City Utilities", Article IV, "Sewers", Division 4, "Industrial and Commercial Waste", Subdivision D, "Use of Public Sewers", Section 26-143, "Discharge of Certain Wastes R~tn'cted", of the Code of Ordinances of the City of Boynton Beach, be, and the same is hereby amended to read as fllows: Sec. 26-143. Discharge of certain wastes restricted. No person shall discharge or cause to be discharged, the below described materials, waters, or wastes (collectively, the substances) if it appears likely that acceptance of those wastes can harm the wastewater treatment process or eqmpment, the public sewers, the sanitary sewer systems, or have an adverse effect on the receiving water body, or can othenvise endanger life, limb, public property, or constitute a nuisance. The decision shall be based on-those factors as the quantities subject was~es in re!ati.on.;~o.flo.ws a~d :ve!ocities~ in the~ sewers, materials of construction of the;s~e~s; ~ Nature.0fthc '~t~w~ier ~treatment process, C~ipacity of the.waste~atCr trea.~m3em plant; degr~ of:t~eatability of waste in the wastt/veater treatment.giant;',and~, oth~r'!~ertinent factors. The substances restricted are: . (a) Any liquid having a temperature h~gher than 150© F. or ca~sing:tlm~vaStewat~ treatm~m plant i~aent t~e×~eed 104© F. .5 (b) .~y ~a[er or waste containing~fat~ s,?~, grease, or oils, whether emulsiiSgd)~r!inot, in;i.e'4cess O£ :[00; ~d)ll~ ?grams per liter Or containing substances which may solidify or become viscous at temperatures between 32© F. arid 150 (c) Any waters or wastes contaLn~g strong acid, iron, pickling wastes, or concentrated Plating Solutions ~hether neutrali,zed]~ or not (d) Any waters or wastes cont~ag phe~o!s:~or other taste or odor producing substances, in a concentration exceeding limits which may be established by the POTW as necess~ ~ter trea .l~n~ e~lt:of~the composite sewage to meet the requirer0~nts of ~e;s~te~ fefle~,t; or other public agencies of jurisdiction for that discharge to flae receiving waters. (e) which shall mean particles in size no in any dimension. (f) Any water or wastes having a pH lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structure, equipment, or personnel or any waste treatment works. (g) Any waste containing restricted substances in quantifies in excess of the local limits, measured at the point of discharge into any sewer system, or any substance that will pass through the waste treatment facilities and exceed ~ ~,~ ~ .~..: ....... ~ ..... ~.a~ Pm"~m:ter L:~2t ^ -+; ..... 2 rog/! $ m~q 0.9 rog/! 0.01 Nick~! Zinz Chic .... Cyc~dc Ch!c.dnaS,~n F!ucMda 1 m~~, 50 COD Img, q TS$ 500 rog/1 (Surrkarg:) or less Radio .................. local limits as adopted by the South Central Regional Wastewater Treatment and Disposal Board as contained in the Interlocal Agreement entered into between the City Of Boynton Beach and the Ci~ of Delmy :BeaCh. Such local hmlts are attached ~ hereto as Exhibit inborporated,herein by-reference, *c May be Subject to High Strength Sewer Surcharge (Refer to Section 26-162) (h) Any waste from sodium-cycle action exchange (water softening) units from industrial or commercial users where the chloride content exceeds 600 milligrams per liter. (i) Any water or waste containing suspended solids or color of a character and quantity that unusual attention 9r expense,is required to handle those materials at the waste treatment ,facilities without a special permit issued by the city. (j) Any water or waste with a chlorine demand greater than 15 milligrams per liter. (k) Any radioactive wastes or isotopes or half-life or concentration as may exceed limits established by the POTW in compliance with applicable state or federal regulations. (1) Volume of flow or concentrauon of wastes constituting a slug as defined in Section 26-115. (m) Any waters or. wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to that degree that the wastewater treatment plant effluent cannot meet the requirement of other agencies having jurisdiction over discharge to the receiving waters. (n) Any waters or wastes comaining suspended solids in excess of 175 milligrams per liter unless the user is approved by the city and provided further that the user complies with the requirements of the city's high strength sewer surcharge system. (o) Any waters or wastes with a five-day, 20° C. B.O.D. greater than 220 milligrams per liter unless the user is approved by the city and provided further that the user complies with the requirements of the city's kigh strength sewer surcharge system. Ip) Any waters or wastes contaimng chemical oxygen demand (COD) greater than 440 mg/L unless the user is approved by the City and provided further that the user complies with the requirements of the City's high strength sewer surcharge system. (q) Total toxic organics as defmed in 40 CFR, Part 413.03[c] are notto exceed 5.0 mg/1, with no one parameter over 1.0 mg/1. Any waters or wastes with an ammonia nitrogen content greater than 50 milligrams per liter un/ess the user is approved by the city and provided further that the user complies ~with the reqmrements of the city's high strength sewer surcharge system. Section 3. Each and every other prowsion of the Code of Ordinances not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boymon Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to codif~j this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this oTiS'day of November, 2001. SECOND. FINAL READING AND PASSAGE this December, 2001 ATTEST: City Clerk day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Ma.vor .Commissioner -~ Commissioner Commissioner H:\ 1990\900182,B B\O RD\Wast*water Trtrn~t Ord.doe EXHIBIT "A" AMENDMENT TO INDUSTRIAL WASTE AND PRETREATMENT AGREEMENT #2 THIS AMENDMENT TO ~WDUSTRIAL WASTE AMD PRETREATMENT AGREEMENT Ismadeth~ 19ch ~of April ,2~d~~H~~GION~ W~ ~A~R T~ ~ D~ ~, ~ ~ ~ ~ ~ ,~," ~ of DEL~Y B~ ~e~ m~ ~ ~ ~ ~DEL~Y B~" ~ B~ ~ DEL~Y B~ ~ ~ ~ ~ ~ ~ ~. WITNE~ETH: prdlmimr~ qtpr~ved ~ DEPARTMENT OF ~WVIRONMEN~AA I~OTECTION. NOW RE. ADS PARAMETER Cadmi~ 0.5 ~-T~ 03 ~ EXHIBIT "A"'' APPROVED LIMITS c~ CBOD COD TSS (~) EXHIBIT "A" RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 19, 2001 WHEREAS, the South Central Regional Westewater Treatment and Disposal Board did on April 19, 2001~ by a vote of 8-0, approve AMENDMENT TO INDUSTRIAL WASTE AND PRE- TREATMENT AGREEMENT. WHEREAS, said BOard action requires ratification by the City of Boynton Beach and the City of Delray Beach _ the City of Delray Beach hereby ratify Tht ! ~pen session by the City of Boynton Beach this ~, by a ~-O vote. CiTY OF BOYNTON BEACH Mayor - -- - ,, - ' ' -'- Clerk A~proved es to form. EXHIBIT "A" , ~OIJ l~tt CK~'RAL,RF~iONAL W.A~ t ~cW&I'~R ~er&,usoG' ~j ,/OF DELRAY BEACH ~ayo~ Da~d~ch'"'[4c ' -' XII. - LEGAL ITEF4 A.3 ORDNANCE 01-- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA, APPROVING AN AMENDMENT TO THE CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT PLAN; ADOPTING THE "HEART OF BOYNTON" PLAN PREPARED BY STRATEGIC GROUP PLANNING, INC., AND DATED NOVEMBER 1, 2001, FOR THAT PORTION OF THE COMMUNITY REDEVELOPMENT AREA DEPICTED ON FIGURE 16 OF THE STRATEGIC GROUP PLANNING, INC.'S PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, pursuant to the Community Redevelopment Act of 1969, defined a Commtmity Redevelopment Area; adopted a Community Redevelopment Plan; and established the Boynton Beach Community and WftEREAS, the City Commission, by the adoption of Ordinance 98-33 expanded the boundaries of the Community Redevelopment area and modified the Community and WHEREAS, the Community Redevelopment Agency and the City of Boynton Beach review study of the Community Redevelopmem area for the purpose defining, revising, clarifying and modifying the goals and objectives of the Plan: WItEREAS, the on-going evaluation of the Community Redevelopment area and the , Redevelopment Plan has resulted in the preparation of a proposal and study provides for a specific redevelopment goals and objectives for a portion of the ~ Redevelopment area; and WI-IEREAS, the Community Redevelopment Agency pursuant to Florida Statute 163.361, the Community Redevelopment Agency met on November 13, 2001, and adopted a ff the Community Redevelopment Plan to incorporate the Heart of Boymon Amendment contained ~in the Strategic Planning Groups, Inc. plan of November 1, 2D01; AND WHEREAS, the City has provided' notice to taxing authorities of the City's intent to amend the Community Redevelopmen~ plan,as required by ~l~ida Statute 163.346; and WHEREAS, the City has pul~hshed notice of a public.:hearing to consider proposed modifications ofithe G0 ~mmuni~y Rcd,vel~ment Plan; and · WHEREAS, the City has conducted pnblic hearings to consider proposed nodifications of the Community Redevelopment Plan; and WHEREAS, the City has otherwise complied with all statutory or c0de requiremems Iwhich are prerequisites to the amendment of the Community Redevelopment Plan; and WHEREAS. the City Commission has considered the merits of the Heart of Boymon Plan Amendments set forth in the Heart of Boynton Community Redevelopment Plan )repared by Strategic Planning Group, Inc., dated November 1, 2001, and has found that the )bjectives of that Plan are consistent with the goals of the City and the Community g. edevelopment Agency to implement a workable program to eliminate and prevent the tevelopment and spread of slums and urban blight and to encourage community :ehabilitation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF FIlE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Community Redevelopment Plan for downtown Boynton Beach, aving been duly received and considered as provided by law, is hereby amended to include the goals and objectives set forth in the Heart of Boynton Community Redevelopment Plan report ("Report") prepared by Strategic Planning Group, Inc., and dated November 1. 2001, a copy of which is attached hereto in its entirety as Exhibit "A" ;:\CA\Ordinmnces~C RA~200 ! CRA Amendment * Heart of Boynton.doc Section2. It is hereby found and determined that said amendments to the Community Redevelopment Plan, for the portion of the Community Redevelopment area defined in the Report: (1) Conforms with the Cormuunity Redevelopment Act of 1969, as mended: (2) Is necessary and in the interests of public health, safety, morals and velfare Of the residents of the City of'Boynton Beach, and wilt effectuate the purpose of the Act by revitalizing the area economically and socially, thereby increasing the tax base, ~romoting sound growth, improving housing conditions, and eliminating the conditions vh/ch the Florida Legaslature has found in the Act to constitute a menace which is injurious to the public health, safety, welfare and morals of the residents; (3) Is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements and rehabilitation: as may be proposed to be carded out in the community redevelopment area; zoning and planning changes, if any; land uses; maximum densities; and building requirements. (4) May result in the displacement of some families fi:om the community :edevelopment area, and if that becomes necessary, a feasible method for the location of Families displaced fi:om the community redevelopment area will be prepared; Conforms to the general development plan of the City of Boymon (5) ~each as a whole; (6) Gives due consideration to the provision of adequate park and ,,creational areas and facilities that may be desirable for neighborhood improvement, with )ecial consideration for the health, safety and welfare of children residing in the general [einity of the site covered by the plan; and $:\CA\Ordlnances\CRAk2001 CRA Amendment - Heart of Boynton,doc (7) Will afford maximum opportunity, consistent with the sound needs of the City of Boynton Beach as a whole, for the rehabilitation or redevelopment of the community redevelopment area by private enterprise. Section3... In order ~to :implgmen[ and facilitate the effectuation of the redevelopment plan hereby approved and adopted, it is found and determined that certain official action must~ be taken by the City Commission with reference, among other things, ~o changes in~zpmng,-the vacation and~:remov~ of streets, alleys~: anti other, public ways, relocation of public facilities; Ihe estaMishment of. new s~reet patterns, and~ other public etlon. Accordingly, the City Commission hereby: (A) Pledges its cooperation in helping to cany out the redevelopmen[ plan; (B) Requests the various officials, departments, boards and agencies of the City of Ioynton Beach likewise m cooperate m carrying out the redevelopment plan, exercise their respective functions and powers in a manner consistent with the redevelopment plan; (C) Stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the redevelopment plan; and (D) Intends to undertake and complete any proceedings necessary to be carded out oyth¢ City under the provisions of the redevelopment plan. All of the foregoing shall be done and performed in a timely manner. The Redevelopment Agency shall, from time to time, present specific developmental plans in the implementation of the redevelopment plan to the City Manager in order that the City Commission may be assured of compliance by the said agency with the redevelopment Plan. Section 4. This Ordinance shall take'effect immediately upon passage. FIRST READING thi~ ~) ~'day of November, 2001. SECOND, FINAL READING AND PASSAGE this day of December, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk CA\Ordinances\C RA~2001 CRA Amendment - Heart of Boynmn.doc Requested City Commission ~Meeting Dates [] November 20, 2001 [] December 4, 2001 [] December 18, 2001 [] January 2, 2002 XII. - LEGAL TTEH B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Mu,~t be Turned in ~o City Clerk s off~ce November 7, 2001 (5:00 p.m3 Noveraber 21, 2001 (5:00 p.m.) December 5, 2001 5:00 p.m. December 19, 2001 (5:00p.m.) Requested City Commission M~eeung Dates. [] January 15, 2002 [] February 5, 2002 [] February 19,2002 [] March 5, ZO02 Date Final Form Must be Turned i.n to CiW Clerk's Office January 3, 2002 (5:00 p.m.) 1anuary 16, 2002 (5:00 p.m.) February 6. 2002 (5:00 p.m.) February 20. 2002 (5:00 p.r~) NATURE OF AGENDA ITEM [] AdminisWative [] Development Plans [] Consent Agenda [] New Business [] PuMic Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOM34ENDATION: Motion to approve Ordinance on First Reading amending the Board absence policy for City Advisory Boards allowing for three absences from regularly scheduled board meetings. EXPLANATION: Following the direction of the City Commission, a survey of Palm Beach County Municipalities was conducted by the City Clerk's Office to determine whether our attendance policy was consistent with that of other cities throughout the County. We learned that the attendance policies in~ the overwhelming~ majority of cities permit three absences and removal on the fourth absence. PROGRAM IMPACT: F~SCAL IMPACT: ALTERNATIVES: ' J~e~ M. ~a~to City Clerk's Office City Manager's Signature City Attorney Finance Human Resources 1/26/2001 3 25 PM Re uest Form for Board Attendance Polic5 1 : DA~A enda RequesX Memos~Agenda Item q \\CHkMAi~S HRDATA\CC~WP\CCAGEN g S:iBULLETYNIFORMS~AGENDA ITEM REQUEST FORM.DOC dot the board. Section 3.. All ordinances or pans of ordinances in conflict 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, such decision shall not affect the remainder of this ordinance. 2001. Section 5. Section 6. FIRST READING this __ day of December, 2001. SECOND, FINAL READING AND PASSAGE this Authority is hereby granted to codify said ordinance. This ordinance shall become effective mediately upon passage. day of , CITY O1; BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk XII. - LEGAL ITEM B.2 ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION' OF THE CITY .OF-BOYNTON BEACH, FLORIDA AIvLENDING TEXT TO THE CITY OF BOYNTON BEACH COM?REHENSIVE PLAN (CPTA 01-001); CREATING A NEW ELEIVIENT 10, WHICH WILL PROVIDE A PUBLIC SCHOOL FACILITIES ELEMENT, ADD MAPS TO THE MAP:SERIES, ATTACHED AS COMPOSITE EXHIBIT "A"; REi~RENCE RELATED POLICIES IN THE LAND USE eL~~ !0~s oF vtmuc SCHOOL ~mS;~; :i ~.~.~,O~ IEXT TO THE CAPITAL 124iPKovE~N~S ]~LE19iENT (CIE-E!~. MENT 9) WILL pROmE Foi~ ~Xm,~a ~ LEVELS OF SERWCE sT~,rD~ams scz4ooL REvmw ~0ggSS By~ oF OF SERVICE DISTRICT'S CAPITAL AS PROVIDING to;the text of the Comprehensive Plan, Which were sub/n~' tO th~ l~C~ott October 15; 2001~ {DCA Reference No. 01-SCI), and received a preliminary review; and WItEI}~ the DCA,issued a response on November 13, 2001, indicating that the roposed emealit~m:, will not be reviewed the Objections, Recommendations and ,'omments wild,!b~,~l~rai~l, and'the local government may proceed to immediately adopt the mendments; and interest of the NOW CITY Section t: and study, theCity Commission deems it in the best ~ of said citY. tO emend the tex~ of the Comprehensive Plan, BY TltE CITY COMMISSION OF ~ .<I~hat the Comprehensive Plan for the City of Boynton Beach is hereby amended by creating a new section entitled "Public School Facilities Element", as follows: City, of Boynton Beach Public School Facilities Element Goal I OA PUBI, IC $CHOOL CONC~RRENC~ ~ I{'i~}a;GOAL df, the ~itw0f B0,mtonBeaCh to provide for future avmNbfltt¥ ofpi~blie sckool ~mtmes~eons~stent w~th the adopted le el of - servxe~ ~tahd~[)~{} go,il, Ct[alI,heae~thplished recogmzm~ the c6~fi~fib~/~'i~ ~ch~0i!~ to pmvid~ a uniform system of free pub lic ~s~h~o ol ~,on a~eatiia~d¢~asI~ Objective -~.;. :~ :i :- Toiier~sure. Cth~it the::!~a]sacit~.0f schools is sufficient to support student !~:~:~6:,h ~OeI;:o~ se~tStah~/:lard for each year of the five- ~e~ p!anmnq,p,e~ ,,and ~ough the long term planmng period. Pohc¥ 10A. 1.1 ' ~fhe~ LOS: ~'an}t ard is ,the schOol's utilization which is ,defined as the r based the level of service (LOS) w~th the :antess. the school is the subiect of a r the School District, working which determines that a of 110% utilization. No school ,hall be required if a second semester reaches 108 % or Polic~ 10A. 1.2 is ,xcess of 110%, failure ~o£ that school to be ustmems 2) ;' to the Capital the SCS a determination is made that the new LOS for that Policy 10A. 1.3 The Sbhool Cap W:aci Study (SCS) ehall detenmne if the growth rate w~hm ala m-ea~ causing the enrollment, to,exceed 1 I0 percent of pamty, is ~po~y oLr~'l~tS;an ~n~ning:trend affecting the LOS ~or the 5 year nlanfi~ l~en6~ ~J~,ff~t~m~ae ~tata which shows the extent of the eXceedance,at~b~itabl~ m bbth ~is~g~d new development. · ' ' :' ' ~e local ove~ent wi~n whose Notlficatmn sh~l be prowded to g j~s&cfion the s~yt~es~place. At a m~nim~, the study shall consider: · Demographics inthe school's Concurrency Service Area (CSA); · Stndent population trends;Real estate trends (e.g. development and · Teacher/student ratios; and - · Core faciliW capacity; The adopted LOS standard shall become applicable to the entire CounW at :suCh. time a~ the School District has ~achieved the counwwidc adopted level of service:for all schools of each school type. In the interim, Table 1.1-1 establisheslthe tiered level of service standards for each CSA by school type Individual schools of each type may exceed the Tiered LOS standards dnrin~ the period in which Tiered LOS are in effect. Each individual school exceeding the Tiered LOS clnring that tinle shall not exceed the ntilization standards for that school type as shown in th¢ M~ ~ hm~m Utilization Iable (Table t.1-2, 'SuppOrt DocUment, p. 15-20). x the Concurrency Service Area BoUndatW Descriptions.in the Support DocUment for this element. 1. The criteria for Concurrency Serdce Areas shall be:. Palm Beach Cotmty is divided into. twenty-one CSAs. Each CSA bomldarv shall l~e:delineated c0n~i~tering the following criteria and shall be consistent with provisions in the Interlocal Agreement: a. School locations, student transl~orting times, and future land uses in the area: b. · Section lines, maior trs.ffic-waVs, natural barriers and county boundaries. F. aeh CSA ~hall. demonstrate that: a. Adopted, level of service standards will be achieved and maintahae~ for'each year of the five-year planning period; and b. Utilizati~vi':of sch°°l capacity is maximized t° the greatest extent possible, taking intO account transportation costs, court approved desegregation plans and other relevant factors. Consistent with s..163.3180(131(c)2.,F.S., ehan~es to thc CSA boundaries shall be made only by amendment to the PSFE and shall be exempt fronl the limitation on the frequency of plan amendments, Any proposed change to CSA boundaries shall require a demonstration by: the School District that the requirements of 2(a) and (b), above, are met. Policy 10A.1.6 :ommitted and in place or School District's most the Six Year Capital City Of iof of the entitlemem Land Use r lot of record r terminate,its in all CSAs upon the to its Capital Facilities to its Capital FaCilities :apacity to meet proiected : each CSA; or Plan is determined to be the State of ff a Notice of Intent to not in tction or final administrative one-third or more of the CSAs School Concurrency shall be suspended within a particular CSA upon the occurrence ahd for the duration for the following conditions: Where an individual school in a particular CSA is twelve or more months behind the schedule,set forth inthe School District Capital Facilities Pian, c0ncurrencw willbe suspended within that CSA and the adiacent CSAs for that rvpe of School; or The School District does not maximize utilization of school capacity by allowing a particular CSA or an individual school to exceed the adopte~d Level of Service (LOS); or Where the SchoOl Boardmaterialt¥ amends the first 3 years of the Capkal.~ac~ti~s Plan an~i that ~ent causes the Level of Ser~ic~:{o be ~aeeded for that ~e:ofschool within a CSA, concU~emCy ~,be shspend~d ~n that CSA and the adiacem CSAs ofilv f6r t~at type Of schOOL Once suspended; for any of the above reasons, concurrency shall be reinstated once the Technical AdviSOry Group (TAG) determines the condit~0a:that _,_.-e_0__:,~d:th~ stispenSi0n has been remedied or the Level of Servic~ f0i:.that ~e,~ for th~ affeCted CSAs have been achieved. 4. If a Program Ev~luatiun Report recammends that concurrency be susp ~e~ded becauseith~ pr0gram'is not working as planned, cunc~enc¥ may b& susp~hded upon the concm~ence of 3 3% of the pARTIR, S: ~i~ .~natoi~e$~of rite ,~ Beach County Interl0cal Agreement With M~cipatiiies of Palm Beach County aud the School DistriCt of Palm B&ac~t County to establish Public School Concurrenc~". Upon termination of the Interlocal Agreement the County shall initiate a Comprehensive. Plan Amendment to terminate school conclllT~nc¥. Obiective 10A.2 Facilities Requirements To provide for mitigation alternatives which are financially feasible and will aehie',/e and mainfain the adopted level of service standard in each year of the five-year planning period. Policy 10A.2.1 Mitigation shall be allowed for those development proposals that cannnt meet adopted level of service standard. Mitigation options shall include options listed below for which the School District assumes the operational responsibility and which will maintain the adopted level of service standards for each 3'ear of the five-year plmaning period. I. Donation of buildings for use as a primary or alternative learning facility; and/or 2. Renovation of existing buildings for use as public school facilities; or 3. Construcii0n ofpermiinent student stations or core capamty. .The s~le plan for bml~gsToemg renovated pursuant to number 2 abo e, {hat~e~fi~,~e~7~'g~b~'alder~ ~hall demonstrate that there a~e no i'.hd~er~ impaci~i's!Gi'i~t~a:ih~e National Re~ister 0 f Historic Places or otherwise des~,~,ated~,accordance ~v~th appropnate State gmdehnes as docall¥ s~auficant ~.~_~ton~ or archaeolo~cal resources. Obi are addressed consistent Policy 10A.3.1 Goal 1 OB . ~. The City Of B?ntonBeaeh, in coordination with the School District and oth~,lb~ ;govem.eaents, shall annually amend Table 17 of the Capital Im~i~~fi~':'~pp0rt Document Addendum (School D~strict 6gPalifiBna~.~i 12oUnt~i. Sxx.¥ear Capital Improvemem Schedule'}, Sa0ol oard's adopted Five Year Pla And to h~i~6i~,:~ ~h~i:{~i'ii}l!¥~f~lbie. ~apital improvements pro,ram and ensure tha~ level of se~e.e standards will continue to be achieved and maintained in eac~ ¥~d~' ~fth~ ~ve gear planning period. SITING AND DEVELOPMENT Dbjecfive 10B.1 It is the GOAL of the CLtv Of Boymon Beach to maintain and ~nhanee joint pl~nnifiq proSesS~:arid procedures for coordination of oublie ec{ucafion facilities for plannin~ and decision-making regarding popnlatic~i brdiecii6fis, oublic gchool siting_ and the development of pubhc {~luentiOll~ facilities concurrent w~thiteszdentml development and other services. School Facility Sitin,, To es~abhsh a:pmdess of coordlnation and collaboration between the Count; local ~0vkt~ments~ and the School District in the planning and ~itin~ofl~ubli~ s~bo~i facilities in coordination with planned infi~tmcture ~facilities. Policy lOB.l.1 ~>~The.Cit¥~Of4?~o~t0~;Baach~skadl'~oordinate and provide for expedited re~iew~, b:~d~ei0¢ment prop0~S with the School District during the development review process to ensure integration of public school facilities with surrounding land uses and the compatibility of uses with schools. Policy 10B.l:2 There shall be no significant environmental conditions and .significant historical ~SOUrCes on a proposed site that can not be mitigated or oiherwise preclude development of the site for a public educational facility. Policy 10B. 1.3 The proposed site shall be suitable or adaptable for development in accordance with appi~c~ible water'management standards, and shall not be in conflict with.~ adopted 6r officially accepted plans of the South Florida Water: Mana~gement District, or any applicable Stormwater Ut~W or Drainage District. Policy 10B.1.4 The proposed l~cation shall comply with the provisions of the Coastal Zon~ Management Element of the comprehensive plan, if applicable to the site. Policy 10B. 1.5 The City of Bomaton Beach.shall encourage the location of schools proximate to urban res{dential areas by: · Asststlng the S~hool Dastnct in ~denufving funding and/o constmction:o~orUmifies (including developer participation or City OfBsvnto~ B~ch capital budget expenditures) for sidewalks, traffic si~aliz~tion, access, water, sewer, drainage and other infrastructure improvements; · Providing for the review for all school sites as indicated in Policy 10B.1.1 above;~ and, · Allowing schools as a permitted use with/n all urban residential land use categogies. Policy 10B.lo6: The. Cit¥Of,B6gnton Beach shall coordinate with the School District for the collocation of public facilities, such as parks, libraries, and community centers with schools, to the extent possible, as sites for these public facilities and schools are chosen and development plans prepared. Objective t 0B.2 Intergovernmental Coordination To establish and naain~m a cooperative relationship with the School District and municipalities in coordinating land use planning with development of publi¢i school facil/ties which are proximate to existing or proposed residential a~eas they will serve and which serve as community focal points. 'olicy 10B-2.1 The City Of Boynton Beach shall abide by the "Palm Beach County Interlocal Agreement ~vith Municipalities of Palm Beach County and the School District of Palfn Beach County to establish Public School 5:\CA\Ordinances~lanning\Text amd School Concurrency112601.doc ~olic¥ 10B.2.2 Concurrency", which was fully executed by the parties involved and recorded with the Clerk of the Circuit Court of Palm Beach Count3, on 2;.F.S. and ~ ~'. ,:The Technicat~Xdvisor~.Group (,TAG) shall be established by the Coun~,partlmpatmg:!0~al gove~en~tS, and the School Dmtnct. The five member TAG will ~ ~bifip~?ed Of a C~fied Publ!c Accountant, a .Gen~, CbntraCto~ a~emogr{ptier, a. BUsmess Person, ~and a Planner, nommiffed.bv thmr.~e'~ecti~e as~caa[mns~as ~ndicated m the Interlocal Agreement-to estab~l~i~[ic S~t/0ol~bncurrenc¥ ment~oned:m Pohc¥ &. 6. 7. and ~olicy 10B.2.3 The CztV Of BoYnten,~eaeh shall.promde the School District w~th anmlal irfformati6n ~e~d~d~to m~tain school concurrency, including 1 District. to establish: 2. 3. 4. 5. L~el ..and standards; and olicy 10B.2.4 The Cit~ ~olic¥ 10B.2.5 The~ Policy 10B.2.6 the site. School District with the five-year Land Use and population of school enrollment projections and The Ciw Of Bovnton Beach shall · the Future Land Use Map with the amps (Maps PS 3.1 and PS 3.2'}, m ffthis Element. ~hall advise the School District of a the infxastructure to support the development of r the School District amendments, aa¥ be projected to impact on the public ?olicv 10B:2.7 The Citg, oftBi~ynton;Beach shall coordinate with local governments and the School Dis~c/t,~n emergency preparedness issues which may ~:\CA\Ordinances\Planning\Text amd School Con~mn~encyl 12601.doc include consideration of: ~ 1.' Design and/or retrofit ofpublic'}chools as emergency shelters; 2. :~Eahancin~rmhli~eness*fieV'aeuation zones, shelter locations, and evacuation routes;. 3. Designation of sites other than public schools as long. term shelters, to allow schools ro resume normal operations following emergency events. Obiective 10B.3 Population Proi ections To establish a oim process of c0ordination and collaboration between the City Of Bo,rnton Beach, Palm Beach County and the School District in the planning and decision making on population proiections. olic¥ 10B.3.1 The Count' shall convert the BEBR proiections into both existing and new residential units and disaggregate these units throughout incorporated and unincorporated Palm BeachCounW into each CSA, using BEBR's annual estimates bv municipality, persons-per-household figures, historic growth rotes and develbpment potential considering the adopted Future Land Use maps of all local government Comprehensive Plans. TheSe proi~ctions are Shown in Exhibit E Of the Interlocal Agreement as "Proiected Units Table" which shall be amended annually and provided to the School District. Policy 10B.3.2 The City Of Bo ~Vnton Beach commits working with the School District and Palm Beach Cbunty J0 improve this methodolog~ and enhance coordination with the plans of the School District and local governments. Population and student enrollment proiections shall be revisedannuall¥ to ensure that new residential development and redevelopment information provided bythe municipalities and the ComntV is reflected in the updated proiections. The-revised pmiections and the variables utilized in making the projec.tions Shall be revieW,ed by all signatories through the Intergovernmental Plan Arhendment Review Committee (IPAKC). Projections shall be especi~all¥ revisited and refined with the resnlts of the 2000 CensUSl The responsibilities oi'local governments and the School District on population proiections are described in Secti°n VIII-B of the Interlocal Agreement. Section 2. That the Comprehensive Plan for the City of Boynton Beach, Section Capital Improvements Element, Public School Facilities, is hereby amended by adding the ~ords and figures in underlined type, as follows: ,oal 9D To provide for fim~re availability of public school facilities consistent with the adopted level of service standard. This .goal shall be accomplished recooni~in~ the constitutional obligation of the school district to provide a uniform system of free public schools on a countywide basis. Obiective 9D. 1 To ensure that the capacity of schools is sufficient to support student S:\CA\Ordin ances'~Plan ning\Text amd School Concun'ency112601.doc Policy 9D. 1.1 ~owth at the adopt~ le,v~l:~fser~ice'standard for each year of the fiv,e- ear p~tig peribd'~d!~'gh the~16ng t~rm planning period. The LOS standard is;the schbol's~ Utilization which is defined as the enrollment-as a pe/cerffage': of.~schoo~ student capacity based upon the Ftonda Inventory of Scl/ool Houses ~FISH). The level of senate (LOS) standard shall be established for all Seh'Ools of each type within the School District as 1t0 perc~t(~ilization, unless the school is the suNect of a School Capacity Stud~ ¢8~,S~}, unrler-talcha by the~SchoolDtstnct, orking with the Tee~cai"i~d~isorv'GroUP i(rbG) Which determines that a part~cufa~ sckoo~ caix:op~rat~,,m ex~f 110% Utl~zat~o9. No school ~hall operate m excess~o~;t20,~Ut~zi~Bn;,~ The SCS stroll b~ required tfa adhool~fn the*~irst i~n{,~t:~f:th~*~e60nd Semester reaches 108 ~ or ~oliby 9D 1 Standard shall become applicable to the entire tirne~ hh~:Scho01 District has achieved the countwvide chool type. In the interim, establishes the · school tFpe. Individual ~Tiered LOS standards during the effect. Each individual schooI exceeding the Tiered ~O~ dtfisng that time shall not excee&the utilization standara~ for~that s~ho0113~e as shown in the Maximum ~tilization Table ~,~;-Ph§li~:~h0~l ~,bli~enc¥ Element (Tabi~ F. 1-2; ; ' Policy 9E.2.1 .... The City shall maintain deVelopment:review procedures and the land that all development proposals are 10/el of service standards. Where and regulations shall provide for the timely impr0v~rhents. For public school facilities, · or Development Permit which a determination of that the s level of service. A rlete, l~fination Polio 10A. 1.8 a the Public School Facilities '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-16) Canal: In particular, :the findings and ,recommendations concerning the primary drainage facilities shall be coordinated with the South Florida Water Management~District and Lake Worth Drainage District. as a pan of the creation of this master plan. ;:\CA\Ordinances'~Plan ning~Text amd School Con~rrency112601.doc The City's drainage masmr plan shall be coordinated with the drainage studies wkich ~i[~,ducted by the Lake Worth Drainage District. Intracoastal 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 City's Future Traffic Circulation Plan (Table 20 of the Traffic Circulation Element Support Documents~ shall incorporate all of the unprovements to state highways which are listed in the Palm Beach County Transportation Improvement Program, and all of the improvements listed in The Florida Depattmem of Transportation 5-Year Transportation Improvement Program. The City shall continue 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 Planniug Organization, and the Florida Department of Transportation in order to ensure funding and construction of needed improvements to state highways. Public School Facilities. The City of Boynton Beach shall provide the School District with annual information needed to maintain school concurrency, including information required for the School District to establish: 1. School siting criteria; 2. Level of service update and maintenance; 3. Joint approval of the public school capital facilities program; 4. Concurrency service area criteria and standards; and 5. 'School utilization. Section 3. All laws and ordinances applying to the City of Boynton Beach in :onflict with any provisions of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion fiereof be declared by a court of competent jurisdiction to be invalid, such decision shall not fffect the remainder of this Ordinance. Section 5. Authority is hereby granted to codify said Ordinance. Section 6. The effective date of this Ordinance shall be the date a final order is issued by the Department of Community Affairs finding this Text amendment to be in :ompliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding said amendment to be in compliance in accordance with Chapter 163.3184, F.S. The notice of compliance becomes a final order 21 days \CA\Ordin ances\Plan ning~Text amd Scfloo~ Concurrency112601.doc following the issuance of the notice of compliance if during the 21 day period no petitions are [led challeng/ng the amendment. Once issued, the Notice of Intent shall be attached hereto s Exhibit "A" and made a part of this ordinance by reference. FIRST READING this __. day 0f'_December__. 2001. SECOND, FI/qAL READING - AND PASSAGE this day of · 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor V~ice Mayor Commissioner Commissioner Commissioner [TTEST: 2ity Clerk :\CA\Ordinances~Plan ning\Text amd School Concurrency112601.doc PUBLIC SCHOOI. FACILITIES ELEMENT I. SUMMARY REPORT A. BACKGROUND The 1998 Florida Legastature enacted legislation amending s. 163.3180, F.S.. establishing requirements for the optional implementation of public school concurrency. Additionally, legislation exempting plan amendmems 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 au any time. The Public School Facilities Elem ~e~ (PSFE) provides ;oordinated planning among the CounT, 10cal governments, a~d the School DistriCt to. ensure that scl~0ol.capaci~y at the adopted level of service standard is availalole at the time of impact of residential development. Based on the re¢iUir9menrs of Rule 9J-5.025, F.A:C., the PSFE addresses related land development issues whichimpaci e~tu,ation including iev~ls Of service for schools, school Utilization, residential neighborhoodproximity and co,mpaffbiiity, supporting public infrastructure and collocation of facihties. and financial feasibility. To implement school concurrency countywide, consistent Public School Facilities Elements are required to be adopted by each affected local government. B. THE PROPOSEDA~CIENDMENTS 1. Intent and Summary The proposed amendments add a Public School Facilities Element (Element t0) 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 improvements are planned adequate to achieve and maintain the adopted LOS. The Element directs public schools siting to be coordinated with public facilities and infrastructure through a coordinated review of developmen~ proposals. The proposed.PSFE, andMap Series amen~ents are intended to address the criteria for establishing school concurrency set forth in Rule 9J-5.025, F.A.C. These requirements include: Providing ade, quate school capacity through a graduated (tiered) Level of Service for each type of public school, which includes elementary middle and hi~ schools, until such time as a standard LOS Of 11:0% is achieved and maintained; Es~abli~g school Concurrency Service Areas (CSA) and/or ensuring adequate capacity in adjoining CSAs; Assuring School facility requirements are met through a fmancially feasible 5-Year Work Plan; City of Boymon Beach School Concurrency Amendments Amendments O1-SC1 September, 2001 Support Documents Ordinance No. 01-00 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 scfi06I~ ~vi~i~:d~'~ public facilities; and plan~ing population projections; Coordinating emergency preparedness issues; Establishing future conditions of maps depicting existing school sites areas of anticipated future school sites; ancillary facilities and Co~curr~ncy Servic? Areas ~CSAs); and Providing definiti6ns ofpubIic school terms. Sectionl to addres~ Plans foUnd' "In 2. Unified Land Development Code Implications This proposed amendment will result in subsequent amendments to 'the provisions for concurrency in the City's land development regulations. Specifically, this amendment wilt requke that public school facilities be added to Concurrency 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. C. ISSUE AND DATA/ANALYSIS S~Y As demonstrated ih Appen, dix H,~the proposed amendments will satisfy the requirements of Rule 9I- 5.025(2)~.A.C: arid Rule 9J-5.003(2), F.AiC. The primary source of the data and analysis is the School District of Palm Beach County, based on the FY2OO1-FY2005 Five Year Plan and.FY 2001 Capital Budget June 2000 (Five Year Plan) A tiered range and ayerage. Level ~qf Serviqe (LOS} for, schools is established in School Bo .m', d Policy 7.13.1.B.- School Plant Capacity Level of Service. 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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 Hypoluxo Town of Juno Beach Town of Jupiter Town of Lake Clarke Shores Town of Lake Park City of Lake Worth Town, of Lantana Village of North Palm Beach City ~Of Pahokee Tow0: of P~I~ Beach City elf I~alm; Beach Gardens pdngs l Palm Beach Bay ton City (1) s. '~,63.318Q(12)(f) indicates the conditions upon which a municipality is exempt from participating in the tnteriooa[ Ag ~re~. men~; for School Concurrency. Based on these cdteda, municipalities not listed above are exempt from~paAicip~ting in school concurrency. The rule reads as follows: A(f) Intergovemrnenfal cbofdination.- 1. When establishi,ng ,concurrency requirements for public schools, a local government shall satisfy [he requirement~ for in,~tergovemmental coordination set forth in s. 163.3177(6)(h)1. and 2., except that a m~nicipality~L~ r~c~t ~equi~ed:to be a signatory to the interlocal agreement required by s. 163.3177(6)(h)2. as a prerequisite foi;:im~o~itiQn o~ school concurrency, and as a non signatory, shatl not participate in the adopted local schOOl coac~c~ s~/stem, if the municipality meets all of the followinq criteria for having no significant impact on ~cho~31 ~'tehd~nce: a. The mur~i~ip~l ~ has issued development ordem for fewer than 50 residential dwelling units during the orecedina 5 v,e~rs~;er th~ mun c pa ty has generated fewer than 25 additional public school students during t'he prec~dir{~ ~ y' et' rs. - 3. The muni~ipalEy~ has [3ct annexed new land dudng the preceding 5 years in land use categories ~hich ~ermit resi~ht~l use~ that will affect school attendance rates. c. The muni~Pality, has no public schools located within its boundaries. d. At least 8~ p;,rc~nt of the 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&~ PUBLIC SCHOOL CONCURRENCY Support Documents APPENDIX F Additional data and analysis and population projections provided by the School District of Palm Beach County /q!oedeoi'~ :[uauJIIOJu~ ~,!oedeo ~ lUa~llOJU~ F. LS.H. CAPACITY 858-~88-1 $77 ED FZ~C 02/0~200t Department [of Education Tom Qallagher ' De artment of Education Florida p ;;, - ' -..-- CliARiJ~ ~ R6i~RG : RONA~.D G- $'rOWZR$ MARGARZT O~$t~'LIYAN PARI¢£1~ December 4, 2000 Mr. Bruce A: Harris Interim ChiefC0anse[ to _Palm Beach County School Board Su/~ C-302 3318 Fore.st i-rtll;;Boul~vard West palm Beach, FL 33406-5813 Re: Ramificah0n$ of S~mion 235.2157, Florida Statutes Statutes. and ~ew S P,.EF rules on pending designs, cor~nlcttotlozlleW sanOO~S ar~ ~a,,~u~ . before July 2, 2003, we advise as follows: ~ . --- ;.~, ..~ ~4.,~m-t~edb~zi~inmSulyl.2003,cannotexc~dmcf°I~avang,sma~scnoo~ m~rtq tlaat mi ne-- sc ............ , ........ "~ -- "~o~ than 700 q · ~- · Is--no mor~ than students; 0) high schools-no mo~ than 900 stud~, (4) K-g Schoo K-12 $chodIs+no mom than 900 students. :,' ........... s~hool wltifia a schgol a~d ~a~h subunlt (smal~ ami orme s~aoo~ that the scholar :will be oI~raIe~, a~ ,~ . within z school) do~s not exceed the abo~c small school sizes. _ unpact on the dcvclopra~nt of z d~ain Y · ........ ,~.~- .-~ ' ents of law ~th~ ~ to c~tinu~ ~ ~ 1~ s~n~15 out ~ ~ ~d f~v¢-ye~ wo~ prog~ ~ould ~ n~. ~e~ willbe ~ impact an ~e d~ign of~ls ~o~ July I, 2003, not prior ~ ~t 1701 - Thc Capitol -Tallah~ssce, Florida 32399 -(850) ¢88-7707 - FAX (850) 921-5776 ..... h~ ~/~-ww. fi~do~ Z 0 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 9J-5.025(3)(a), F.A.C. PSFE Goal 10A Public School Facilities G0al' Concu~renqy Public School Concurrency Element, Page 10-1 Rule 9J-5~025(3)(a), F.A.C. PsFE Goal 10B PSFE, Page 10-10 Goal: Coordination School Facility Siting & DeVelopment Coordination Rule 9J-5.025(3)(b)l., F.A.C. PSFE Objective 10A.3 PSFE, Page 10-9 Objective: correction of deficits 6-Year Capital Imp. Schedule and future needs Rule 9J-5.025(3)Co)2., F.A.C. PSFE Objective 10A.1 PSFE, Page 10-1 Objective: LOS Level Of Service Rule 9J-5.025(3)(b)3., F.A.C. PSFE Objective IOA.2 and Obj. PSFE, Page 10-9 Objective: Financial feasibility 10A.3 Facilities Requirements and 6- Y CI Schedule Rule 9J-5.025(3)Co)4., F.A.C. PSFE Objective 10B.2 PSFE, Page t0-I 1 Objective: LU coordination Intergovernmental Coordination Rule 9J-5.025(3)(b)5., F.A.C. PSFE Objective 10B. 1 PSFE, Page t0-10 Objective: Coordinate with School Facility Siting supporting infi'astmcture Rule 9J-5.025(3)(b)6., F.A.C. i PSFE Objoctive 10B.1 PSFE, Page 10-10 Objective: Collocation of public ] School Facility Siting facilities Rule 9J-5.025(3)(c)1., F.A.C. PSFE Policy lA.1.5 PSFE, Page 10-7 Policy: Establishment and CSA Tables PSFE, Page 10-12 / 10-19 modification of CSAs CSA Map PS 1.1 Support Document Appendix A Map Series. Rule 9J-5.025(3)(c)2., F.A.C. PsFE Policies 10A.3.1 and PSFE, Page 10-8 and 10-9 Policy: Coordinating CIP 10A. 1.7 Rule 9J-5.025(3)(c)3. F.A.C. PSFE 10B.2.4 PSFE, Page 10-I l Policy: Annual update of PSFE 10B.3.1 PSFE, Page 10-12 enrollments/element PSFE 10B.3.2 PSFE, Page 10-12 City of Boynron Beach School Concurrency Amendments Amendments 01-SC1 September, 2001 Support Documents Ordinance No. 13 t-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.1.6 PSFE, Page 10-11 Policy: Collocation w/pub PSFE IOB.2.5 PSFE, Page t0-12 facilities Rule 9J-5.025(3)(c)5., F.A.C. PSFE t0B.I.5 PSFE, Page 10-10 Policy: Coordinate support infrastructure Rule 9J-5.025(3)(c)6., F.A.C. PSFE 10B.2.4 PSFE, Page I0-11 Policy: Long Range map w/ FLU Rule 9J-5.025(3)(c)7., F.A.C. PSFE 10A. i.1 through 10A. 1.4, PSFE, Page 10-1 through 10-7 Policy: LOS Tables 1.1-1 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 9J-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, 10B.1.5, PSFE, Page 10-10 Policy: Site/LU compatibility Rule 9J-5.025(3)(c)II.,F.A.C. PSFE 10B.2.7 PSFE, Page 10-12 Policy: Emergency coordination Rule 9J-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 9J-5.015, F.A.C. Interlocal Agreement Interloeal Agreement Intergovernmental Coordination §.163.3177(6)(h)l.and 2., F.S., Intertocal Agreement Interlocal Agreement Intergovernmental Coordination PSFE Obj. 10B.3 PSFE, Page 10-12 §163.3177(6)(h)l.and 2. F.S.; PSFE 10B.2.1 PSFE, Page 10-11 InterlocaI agreement Interlocal Agreement Interlocat Agreement City of Boynton Beach School Concurrency Amendments Amendments 01 -SC I September, 200l Support Documents Ord/nance 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 minimum criteria feinting to the Public School Facilities Element. including adoption of a level of service standard. These are found in the Capital Improvements Element policies 9D.I.1 and 9D.I.2. Applications for- a Development Order or Permit: 9J-5.016,: F.A.C., and 9J~5.0055, F.A.C., state that an adequ~a~e~ Concurrency management system w/Il be implemented bythe Iocal govemmem. This policy requires ah applicant for a Deve!0pmbnt~Orde[ or Perm/t, which may impact the Public School Facilities level ofge~W~ce to obta/n the appropiSat6 approval by the School District ExCeptions are duly noted, to take into account :existing single: family legal lots of record which were exempt from concurrency review: and CIE Policy 9E.2~1, wh/ch Upholds previously vested rights. The School District of Palm Beach County has cteat{d a Concurrency se&ion tO evatuatb if a development application will be able to meet and maintain the public school facility level of service.' ConcgrrenCy R~e~v Proc~dUEg: 9J~-5~025(3)(c)8, F.A.C., provides information,relating to when develoPm? c~ ~ro¢~ and S~t~fes,,th~t-if c'on~en~? service areas (C_BAs) are used, *hen developmen~ can prooee~ if th~ lex~l of se~de standard is e~6eed~dl~for a project, but-capaCity, exists in one or more contiguous school concurrency serx4ce areas. Constructi9r~ appmp~ations sg~cifi6d within the first three years of the adopted School District of Palm Beacl~ C~unty s Slx Year Capit~l Impm~Cement Schedule are considered by the School Dlsmct to be assured Co~tmcCion for that particular facility. In the alternative, in those instances where a developer choo~ks to~mitigate ~d provide d~,e necessary public school facilities, sufficient assurances must be made to the School District of P~lm Beach County to ensure the facilities will be in place/under construction within 3 years alSer permit issuance, per § 163.3180(13)(e), F.S. The Pub!ic S,chool Faqil!ties E!e~ment (Element I0) provides that the School D/strict shall maintain the school c0nem'rency level of ~ce ~ofign!co~pliance with an Interlocal Agreement, which establishes the proces~ associated with,m~intainin~ concurrency. The City of Boynton Beach will be adding the School DistrSct of Palm Beach County to the list of level of serv/ce providers for determination whether capacity is,available for a develop .~, nt to meet the required level of service for public school facilities. Please refe£ ~ltso to the Data and Atmlysis for Policy 9E.2.1. above. Issuance,of Concurrency: To he consistent throughout the Capital Improvement Element, public school facilities~are added to the language listing those elements whose Level of Service is identified in the Capital Improvement Element. The addition of reference to the Public School Facilities is in response ro 9J-5.025! F.A.C. Table 17 The School Distric[ at[Palm ,Beach County Six Year Capital Improvement Schedule: Per 95-5.025(2)(~),(h),(i), detailed revefifib ~hd~expenditures estimates are provided to achieve and maintain the level:0f Service by year, for the most Current fiscal year and subsequent 5 year plarming period, and the long tangle plarmhig period. 9J-5.016 F.A.C. stipalates that the Capital Improvement Element shall contain ~ fi~c~allf feasible public school capit~l f~cilities program which h~s been established in City of B63mt6n Beach School.Coh~urrency Amendments Amendm6hts 01-SC1 Date:October, 2001 CIE Support Documents Ordinance No. 01-00 conjuncnon with the School Board. The addition of this new table provides detailed analysis of the School District of Palm Beach County public education facility expenditures and revenues. The table is provided by the School District of Palm Beach County, for adoption, by reference, into the City of Boynmn Beach Capital Improvement Element. The School District of Palm Beach County Six Year Capita[ Improvement Schedule's first five year esumares are based on the School District of Palm Beach County FY200 I-FY 2005 Five Year Plan and FY 2001 Capital Budget, with subsequent longer range projections provided in compliance with 9J- 5.025(3)(b)3. To ensure a financially feasible table, Certificates of Participation ICOPs) financing will be used to balance projected expenditures with revenues. COPs are avaiI~bI~e ,for the:p.~chase oftand and construction of new schools additions or replacements. Longer range projec~ons are 9onservafi3re, based on mcreas/,ng growth rate O£¢osts with r~ves~e growth mte~ sst~dy b/~e~, on! e~i~sg'n~[~ me, ~Ue:~our~ bnly. 2wh. iJ~?~e¥~nuel, gr;° or neW~.~ev~~e so~s~'Sgc °~ ,~. ~x~a'i!abf¢, ~ f~r ,¢7c argpI~e~Ya~4 ~P~ e ~.v~fi~ such~as~ale~/t a,~are~u~, or~ gem~ ph~/:gati;cm,~.: bon~?,~ ~9~9n~ ~r~e~:~0~'~, e~-~ r;?a~ge ~P!au!~ e d reverme proj.¢ctions.- T~s ~.~.er~stixe~aplxpach,iS vcarran~e~dli!3 or~Y,q(b~er a,¢~9~t: for;~an,,uncertmn Another example, coneemvfffort,index grants, wh/~h, per §235,t 86~F,S., ar~,,~',an~ ~om state funds to assist Sch0ol~Districts that h~Ve a need to'bdild new ~mdent 5tat3ons,a~ad ~,~, ciatCd:g~3~ f~agi~/~-SPace ~o meet student membership requirements in r-12. While these grants,will become avafl~thlem th~ School District of atm Beach Cotmty in the future the timing o f their; :availabili~iis g~t~ce~ain, ~m4 the[efore, t e are not used as a.~evenue soUme in T abte 17 Effort index grants :are o~y ~;ntion~d~ ~S ~,~oss~ble alternafive.s~pplemen~ to an>existing, reTqenue sourCe:;COPs. Theref~,e,~,t~e~ known reveriue sources are used ih Table 17. Finality, demographic information:and enrollment projections are also eont~ed in the :Co~ncm'rency Service Arba Tattles found in. Appendix A of the Public School Facilities Element SUpport Documents. In addition to the 9&5 requirements addressed above, related Data and~Analys~s Considerations and brief stmamary Per 9J-5 025(2)(g),(h) and (i); Table 17, titled, "The School District of Palm Beach County Six Year Capital Improvement Schedule", is adopted by reference into the City o£,B0ynt0n Bieac~h Capital Improvement Element,~ providing for detailed revenue and expenditures b~Y year, ft?~the mqs~ ~urrent fiscal year and subsequent 5 year planning period and the long range,plara~ng perigd, to a~ineve and maintain the level of service for public school facilities. Please also refer to the Concurrency Service Area Tables, which incorporate the current and projected enrollment, capacity, and school utilization, as well as specify the type of capitol improvement, per 9J- 5.025Co), (c),(d),(e). 'The Concurrency Service Area Tables address each~individual school and indicate school type. Per 9J-5.016 (1), the Capital Improvement Element Table 17, in conjunction with the Public School Facilities Element Objectives t0A.1, 2 and 3, and associated pohcies, identifies public school facility needs located within PalmBeach County. The Capital Improvement. Element Table I7 is based upon existing revenue sources andifunding mechanisms available for capital improvement finar~cing. Per 9J-5.016(2), current local practices that guide the timing and }ocation of construction, extension or increases m eapacity of each public facility are discussed in the Public School City of Boymon Beach 2 Date:October, 2001 School Concurrency Amendments CIE Support Documents Amendments 01 -SCI Ordimnc~ No. 01-00 Facilities Element Objective 2.2 and associated policies, with concomitant costs and fiscal associations to meet existing deficiencies and future needs outlined in Table 17 of the Capital Improvement Element. Per 9J~5.025(2)(j) 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. Issues related to cost sharing are addressed through: (I) the Florida Administrative Code, scion 235.26(D(a), State Uniform Building Code for Public Ediication, Uniform Building Cod~, which exempts Public Educational Facilities construction fi.om County and municipaFbuilding permit assessments and impact or service availability fees for example (in this case, the cost sharing is in terms of revenue foregone); as well as (2) case~by case contract provisions as provided for in CIE policy 1.2-e(1), which refers to a binding and guaranteed Contract withthe School District of Palm Beach County, that(is executed and guaranteed for the time the Development Order is issued; and finally, (3) CIE Tabtel7, which,.provides a financially feasible capital improvement program for public schools, and other CIE Tables which detail City of Boynton Beach expendi'tures and revenues. Table 17 summarizes more specific detailed project information supplied in the document titled, :'The School District of Pami Beach County FY 2001 -FY2006 Five Year Plan and FY 200 I Capital Budget." The specific project information includes operating and maintenance costs. The impact of new or improved public educational facilities on the provision of infrastructure, along with the use of timing and location of capital improvements to public fae/Iitie? to suppor~ efficient land developmehtlis addressed in the Public School Facilities Element Objective 2.2 and associated policies. An assessment of the loc.al~government's ability to finance capital improvements based on anticipated population arid revenues is provided in Table 17, based on the population projections cited in document titled ~"The School Dislrict of Palm Beach County FY 2001-FY2005 Five Year Plan and FY 2001 Capital Budget", and projections of expenditures and existing revenue sources. Per 9J-5.0160), the Cap/~m~ Improvement Element Objective i. I and Policy 1.1, in conjunction with Table 17 provide the means to meet the needs for the construction of public school facilities necessary to meet ex~stmg defimencles, as well as accommodate future growth and replace obsolete or worn-out facilities. The Capital Improvement Element Policies 1.2-b, 1.2-e and 1.2-f ensure coordination of laBd use decisions which maintain the adopted level of service standards and meet existing and fu~e public school facility needs. Per 9J-5.0055, the Capital Improvement Element Policies 1.2-b, 1.2-e, and 1.2-f, in,conjunction with the ConCurrenc~ 8e6ffon the School District of Palm Beach County has established and will implement the Public SchoOl Concurrency management system which monitors and ensures adherence to the adopte~ilevel of service standards. City of Boynton Beach School Concurrency Amendments Amendments 01 -SC 1 Date:October. 2001 CIE Support Documents Ordinance No. 0t-00 DEVELOPMENT DEPARTMENT PLANNh~G AND ZONING DIVISION M]gMORA~'DUM NO. PZ 01-188 TO: Chairman and Members Planning and Development Board FROM: THROUGH: S e~f~or Planner Michael W. Rump~~'~ Director of Planning and Zoning DATE: September 17, 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 PS 1.1-3.4 relating to School Concurrency; and · Support Documents BACKGROUlSlD The 1998 Florida Legislature enacted legislation amending s. 163.3180, F.S., establishing requirements for the optional implementation ofpublic school concurrency. Additionally, legislation exempting plan amendments for the purposes of establishing school concurrency from the twice per year Iimitation on comprehensive plan amendments has allowed local governments to establish school concurrency through special amendment rounds at any nme. In September 2000, the City of Boynton Beach became the second municipality in Palm Beach County to approve the Interlocal Agreement for School Concurrency. The adoption of the proposed amendments to the City of Boynton Beach Comprehensive Plan is a reqmremem of that interlocal agreement. The Public School Facilities Element (PSFE) provides coordInated planrfmg among the County, local governments, and the School District 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 reqan:ements of Rule 9J-5.025, F.A.C., the PSFE addresses related land development issues which impact education Including levels of service for schools, school utilization, residential neighborhood proxim/ty and compatibility, supporting public infrastructure and collocation of facilities, and f'mancial feasibility. To implement school concurrency countywide, consistent Public School Facilities Elements are reqmred to be adopted by each affected local government. Additionally, to establish school concurrency, amendments to the Capital Improvements Element (CIE) setting forth a financially feasible public schools capital facilities program, are requi~;ed. These amendments, which are being processed concurrently in this special amendment round, ensure that be adopted levels of service will be achieved and maintained per 9J'-5.025, F.A.C., 9J-5.016, F.A.C., and 9J-5.0055. F.A.C. Page 2 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 Boymon Beach Comprehensive Plan. add maps to the Map Series, reference related policies in the Land Use Element and add definitions of public school terms. The proposed amendments to the Capital Improvements Element (CIE) (Element 9) provide for maintaining minimum levels of service standards ~for lmblic school ~acilities, provide for a concurrency review process by adding th,e School District of Palm Beach C6finty to the list of service . providers and requiring the School District s review of all applications for residential development. The addition of Table 17, "School District of Palm Beach County Six-Year Capi~l Improvement Schedule," sets forth a financially feasible public schools capital facilities program. As a basis for school concurrency, the PSFE contains gpals, objectives and policies to ens~[e that space is planned'for students and existing deficiencies are corrected, as well as ensure ~hai finai~bial!7'feasible capital improvements are planned adequate to achieye and maintain the adopted LOS. The Elemer~t directs public schools siting tO.be coo~rdinatod with public facilities-aged i/~ffas~cmre through a coordinated review of development proposals. The proposed PSFE. CIE and Map Series amendments are intended to address:the.crit6ria for establishing school concurrency set forth in Rule 9J-5.025, F.A.C. These reqmremems include: Providing adequate schoo! capacity through a grgduated (tiered) Lextel of S. ervice for each type of public school, which includes elementary, middle, and high schools, until.such time as a standard LOS of 110% is achieved and maintained; Establishing school Concurrency Service Areas (CSA) and/or ensuritig adequate capacity in adjoining CSAs; Assuring school facility requirements are met fl'n'ough 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 plarming population projections; Coordinating emergency preparedness issues; Establishing future conditions of maps depicting existing school sites, areas of anticipated furore school sites, ancillary ft/cilities and Concurrency Serv/ce Areas (CSAs); and Providing definitions of public school terms. Section163.3177, F.S., requires that all local goyernments include policies in their Comprehensive Plans tO address public facility collocation and school siting in the Future Land Use Element. as well collaborative planning in the Intergovernmental Coordination Element (ICE). These policies are to be in place prior to establishment of school concurrency; and were adopted on January I8, 2000, and found "In Compliance" on March 16, 2000. Additionally, to establish school concurrency, amendments to the Capital Improvemems Element. (CIE) setting forth 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 [evels of service will be ach/eyed and maintained. Page 3 File Number: CPTA 01-001 School Concurrency Amendments CONCLUSIONS/RECOMMENDATIONS The proposed addition o fa Public SchooI Facilities Element and amendments for school concurrency in the Capital Improvements Element establish a process intended to ensure that the capacity of schools is sufficient ro support residential development at the adopted level of service standard for schools, as set by the school district in conjunction with the participahng local governments. The proposed amendments are required by state statute for local governments seeking to establish School Concurrency. The amendments are consistent with the Comprehensive Plan and present no negative impacts to the City of Boynton Beach. Therefore, staff recommends that: I. the City Comnnsston, acting as the Local Planning Agency, f'md the proposed amendments consistent with the Comprehensive Plan: and 2. the City 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 Map Series additions 4. Proposed Public School Facilities Element Support Document 5. Proposed Capital Improvements Element Support Document Addendum DEPARTMENT JEB BUSH Govemol: STATE OF FLOR DA OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home~ STEVEN M: SEIBERT The Honorable Gerald Broening Mayor, Cky 0fBoynton Beac~h lO~J E~st B~sY~i6~~]~adh BiVd. Bo:mton Beach, F1 33425-0310 November 13,200 t Dear Mayor Broening: The Deparanent has conducted a preliminary review of the City of Boymon Beach proposed comprehensive plan amendment received on October 15, 2001 (DCA Reference No. 01-SC1). The Depamment 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 lSom 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 Department to provide a courtesy information statement regarding the Deparrrnent's Notice of Intern 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£rovide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. For efficiency, we encourage that the information sheet b_e__ _ provided in electronic format. . . 2555 SHUMARD OAt( BOULEVARD oTALLAHASSEE, FLORIDA 3239922100. Phone: (850) 488-8466/Suncom 2;'8-8466 FAX: (8501921-0781/Suncom 281-0781 Internet address: http://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 question, please contact Ken Metcalf,, Community Pro.am Administrator, overseeing the review of the amendment, at (904J 487-4545, Sincerely, Mike McDaniel Growth Management Administrator Bureau of Local Planning MDM/km CC: Michael W. Rumpf, Director of Planning and Zoning Terry Hess, TCRPC XII. - LEGAL ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM NATURE OF AGENDA H'EI~I [] Administrative [] Developmeat Plaras [] Coment Agenda [] New Business [] Public Hearmg [] Legal [] Bids [] Unfinished ]Business [] Annoancemem [] Presentation [] City Manager's Report RECOMMENDATION: Adoption of Ordmance. EXPLANATION: The attached Ordinance implemem~ the Commission~' ir~a'ecUons to shift control of support staffhiring to the Community Redevelopment Agency. The Ordinance deletes the provisions of the C~ Code which require the staff of · ' Florida Statute 163,356 will now control and provides the Community Redevelopment Agancy to be appointed by ~ C~ty. that the Commtmity Redevelopment Agency may employ -an executive director, technical expert~ and such other ag~mts and ~nployees~ permanent and temporary, as it requires, and determine their qualifica~om, du~es, and compensation PROGRAM IMPACT: FISCAL IMPACT: The cost of hiring~a Director and adminislrative staff will shift from a City expense to Community Redevelopment Agency expanse~ ALTERNATIVES: Maintain currant language resl~ctmg' ' Commumly Redev!edevalommant Aganc~f's nir~'opment Agency's hinng powers.' Depat hll~nt Head's Signature "City Manager's Signature ORDINANCE NO. 01- A/x- ORDINANCE OF THE CITY COMMISSION OF rITE CITY OF BOYNTON BEACH, FLORIDA, AM~. ~N~.:ING CHAPTER 2. ADMINISTRATION SECTIO~: 2;i3.2, GOVERNTN~' '~ ' BODY OF COMMUNITY REDEVELOPMENT. AGENCY, B? DELETING 'SUBSECTION (D) 1N ITS 'ENTIRETY PROVIDEX~0 FQg ' COI~LICTS, .SEVERABILITY, CODIItICATION AND AN EFFecTivE DARE. WHEREAS, the City Co~ssion of the City of,Bp ,ton Beach deems it to be in he best interests of the public to amend the Code to shift control of support staff baring rom the City Manager to the Community.Redevelopment Agency, following the >rocedure set forth in Florida Statute 163.356; NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COMMISSION )F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section I. That Chapter 2, Administration, Section 2-1,3,2 of the Code of a'dinances is hereby amended by deleting subseCtion (d) in its entirety. Section 2. All ordinances or parts of ordinances in conflict herewith be and te same are hereby repealed. Section 3. Should any section or provision of this ordinance or portion hereof, ny paragraph, sentence or word be declared by a court of competent jurisdiction to be lvalid, such decision shall not affect the remainder 0f this ordinance. Section 4. Section 5. FIRST READING th/s Authority is hereby granted to codify said ordinance. This ordinance shall become effective immediately upon pass~tge. day of December, 2001. 2001. SECOND, FINAL READING ANI) PASSAGE this day of CITY OF BOYNTON BEACH, FLORJDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk 112601 Alt. - B Capitak Community Redevelopment Agency Proposed 2001-2002 Budget Fund: 121 Account Description Personnel: 12-10 Regular ~SaiaHes 14-10 Overtime 21-10 Employer FiCA 23-10 Life Insurance 23-20 Disabiliy Insurance 23-40 Health Insurance Total Personnel Services: Operating: 32-I0 Audit Fee 40-10 Mileage Reinbursement 40-12 I~dsl4~sS Meetings 44-42 Office Rental 44-31 Copy MaChine Rental 46-22 Computer~Maintsnance 47-10 Print~g and Binding 31-tl Legal Fees 31-91 City Staff Services 49-66 Fa~:adeG~nt 49-17 Other Contractual Services 49-41 LiCense,,-Fees, & Permits 71-01 Debt Service Principal 72-01 Debt Service Interest 73-02 Bond issuance Expense 51-10 Office Supplies 54-10 Books & Publications 54-20 Memberships 54-38 Caree~- DeVelopment Tot~ Operatthg Expenses: 61-02 CRA Land Acquisition 63-07 CRA Improvements 64-16 Furniture & Fixtures Total Capital Outlay: Non-Operating: 91-02 Transfer to Self Ins./W.C. 91-22 Transfer to Comm. Impr. 99-03 Rsv. for Future Apprep, 99-04 EcOnomic ~ncentives Total Non-Opearting: Grand Total 01/02 Request Justification $ 136.532.00 Director, Admin. Secretary, Accountant $ 1,500.00 City clerk staff workshop meetings $ 10,445.00 $$ 165.00 901.00 $ 9,126.00 $ 158.669.00 $ 350.00 $ 2,400.00 $ 950.00 8,400.00 $ 4,000.00 8,400.00 1,500.00 $ 25,000.00 $ 25,000.00 $ 50,000.00 $ 35,000.00 $ $ $ $ $ 114,800.00 214,500.00 4.000.00 600.00 1,600.00 500.00 49~000.00 700 sq. ff at $12/se. ff. T1 line required to connect to city server Public.~ons Misc. Consultant Services Break-down of 2 sem~-annuual payments* Break-down of 2 semi-annuual payments* Closing cost fees & loan set-up fee** $ 3,726,971.00 $ 250,000.00 10,600.00 $ &98~571.00 $ $ $ 300,000.00 300,000.00 4,943,240.00 ' Assumes approx. Bank of America closing costs which include the bank's reasonable attorney's review fees of up to $2.500 & a one-time loan set-up fee of $1,500. "Assumes a Bank of America $3M loan @ 7.28% for 15 years° "'* Assumes approximately $1million carried forward from FY 2001 plus approximately $943,240 in TIF revenue for FY 2002, lien created b~ such bonds or notes shall'not attach until the revenues referred to herein li01ders df such bonds or not ri ht to require the imposition of any tax or g rate of taxation in mounts necessary m pay The trust subsection (c) only a~. if, and when such taxes are collected. (2) Revenue~b0nds isSUed by the agency shall a debt, liability, or tl~c state or any ~ of ol the state or t shall be revenues provided bonds shall bc obligated 'ko file interest thereon agency held the faith of the city political subdivision tt~rCef to the payment of the or tlle int~est on, such bonds. community redevelopment plan. the community redevelopment agency shall comply La all respects · · the zoning code with the height limitauons tmposed by that the of the city, and further such plan shall ensure quality of the wedands and mangroves will not be · ' ecl except in conformity with the comprehensive impair - -- °~ 41 &§ 1'---5, 12-20-83; Ord. No. plan. (Ora. t~lo. oo- ~ o 84-9, § 1, 2-21-84; Ord. No. 85-45, Attach. (b), 8-20-85; Ord. bio. 00-69, § 2, 12-19-00) · ~ditor's note-Ord. No 82.15, adopted May 18, E' · ' to the board of 1982, redevelopment Jiily 2, 1985, No. seven,, repealed Ord. Nos. of the The agency is hereby directed to develop (e) · . ~.~i,.~onS and criteria ~-romula~f~ rut~, ~?,e~ , ~ .... and v ~- . ~ .... k-,-,tlv and errccuve~y whereby -" ' -;I~U~" th~ ~establlshment and inlsterell, ~ ~ ~ · memter~'~U[ -: ~i;h~- --ehcV may expealuoumy utes Wher~oy':me at~ J pried L 2.,~o~;:~'~i~ doea~ stamto~ pumose. utilize salo. (0 The conmamity redevelopment agency shall exercise all powers and expend all funds in dance with thepro, asions o~ Chapter 163, part actor ~ _ ~ ~., ,.~,,,4ded for in Article 'da ~ta~tes am~ us~ III, Flon ; ',. h;_i,. Land Development f Sectio~ 1 5 :of ~ ',.;tt~ ~ II o ~ ~.~;.rnmu~ity redevelopment plan c,~.~qation$~ ann auy ~, -e . _g.~..ci "~" ; ,:a. ;:~ donmrehensive plan mmv. ,j, contorm wiu~ m? , shall ._~ :~:,.;a;.r in development of the as allteUG~l- x'**~ ,--'--, §§ ~e See 20, in · -,it~ ~i0n ~han appoint in (a) :lac ~!~/ .,L-~o~ovisio~ Of Chapter acco~, ~ .~ ~;~.,t~* '~e ~ard of · of ~e .... ;o~nerS ~ ~e gove~g ~Y ~u~-~ .... ' ;-~ ~e ~ard w~l be co--aaiS: :tedev~0P~ 2~2 mmpo~ of ~v~ (*):me~- (b) ~e~ r~evet°pmem agency' m~ exercim im jur~dicaon in~ ~e~ of me-ci~ which ~e ciW ~. hemWfove desigm~d for. ~evelop~nt. ~e c~unl~ ~v~p~m ~ea ~ more Boynton, Beach Code particularly described in Exhibit A which is avached to Orginm!ce No. 00-59 and incorporated herein [by reference]. ~j (c) ~,~e City- COmmission, sh ! ~-~ ~, reaeveiopmenr,agency.. ~, ~ Sec. 2-13.3. Powers and duties of agency .generally. or Sec. 2-13.4. 7, } 2-13.2. of the the Central duties and survive the 2001 $-15 Requested City Commisston Date Einal Form Must be Turned Re ueste ' Meetin~ Dates hr to C tv Clerk'~ r~. ,November2C 200I [] Decembe~ 4. 200I [] December t8, 2001 [] January 2, 2002 Novembe~ 7.2001 5:00p.m November21, 2001 5:00 p.m.~ December5, 2001 5:00 a m Decerhber I9~ 200i (5:00 pm [] January 15.2002 [] February S, 2002 [] Febru~aryl9, 2002 [] March 5,2002 January 3, 2002 (5:00 p January I6, 2002 February 6, 2002 (5:00 p.m. February 20, 2002 5:0Q p.m NATURE OF AGENDA ITEM [] Admiinstragve [] Consent Agenda [] Public Hearing [] Bids ] mrmouncemenr [] City Manager's Report [] Development Plans [] New Business [] Legal [] Unfin/shed Business [] Presentation RECOMMENDATION: First Reading of an Ordinance optional transfer of accumulated leave balances upon retirement. EXPLANATION:. . The Fire Pension Board has reviewed a proposed ordinanc Pensmn (Rem'ement) Plan that allows members to transfer accu--~;k* 5, . , e Prepared by legal counsel for would need to be adopted in calendar "ear 2001 to b ~" ~,,3,,?}eu ~eave omances upon retirement. The ordinance y enent any engibte persons desiring to retire fi:om th~ Fire service in 2002. There isno cost to the City for this change. The only revision to the ordinance that m Section 18 mhv need modification to require that the emplpoyee "ho " transfer. This issue is noted in Mr, Klausner's October 13. 2001 letter Id back a percentage of leave Manager. [amman Resources and Legal staffwi[1 need to develop and equitable formula of retained leave that is no transfer. In this instance, the purtion of leave not transferred may b:e. subject to tax liability. However; this amendment wouI~ also provide abank of leave time that the employee may nee~t to take in his or her last year of service With the City. PROGRAM,Ii'VII'ACT: None. Admmistrativeproceduresareinplacetohandlethetransferofaccumulatedleave. FISCAL. LMPACT: None ALTERNATIVES: Do not ad~pt ordinance which will extend this, ~yt/,..~ben ~t to the members of the pension system. -- Deparan~nt Head's Signature -' ~(~ City Manager's Signature Department Nam~ City Attorney / Finance / Human Resources S:\BULLET/N~FORMSLAGENDA ITEM REQUEST EORM.DOC ~,KEP~EAS, provide for Boynton Beach Florida, presently has RF~AS,~ the City of ~r~fmghter , an~ trust Eu~d f~r ' s- the Board of Trustees Plan desi:res ~o amend the City c©de optional transfer of accumulated leave balances ' the retirement ptan~ and ~HEREAS, thc City commission has determined this amendment will benefit the~cicizens °f the~City of Boynuon Beach; NOW, THEREPORE, BE IT ORDAINED BY THE CITY coMMISSION OF THE cITYi OF BoYNT~N~BEACH, FLORIDA: Section 1: Section 18-_ is hereby amended'5o read as follows: Merabers elicible to ~eceive accumulated sick leave,. accumulated vaca~l_on~lea-ve or an ot_hsr _a_cc_um_u_tated leave ~ara~ion may elect, not later uhan the.. the' DROP,i to have the leave transferred to the Plan. ~eraber~ on ~hos9 b~h~!~ 19av_yge ha~ heg~ ~ans~e~9~ ma elec~ one of che followin o t~ons .within thir~ 30 Page 1 of 4 will be deemed to have elected option 1 betow~ balance, bY the Code. If the teave balance exceeds the.cos:~i of the service credit purcha:sed, the ba~ance~shal~.~ be pamd to the member in a lump sum, o~' (4) Transfer ~he entire amount of the transferred lea~,, ~alance into the member,s ~ROP account, Members who fail to elect a transfer in the year Drzor re5lremenn or other separation will receive~paymen~ in a lump sum at ~mme of separation with all attendant tax conse uences. ~f a member on whose behalf!~he~City makes a transferre, l ~eave balance to the Plan dies after rezirement or othe~ separation, but before makin~ an election, as provided, or after mak~n~ an election but befere any dis~ribu~io,, · s made, zhe election option shall be void. In suc~ a,, evenE, any person who would have received a death benefil bad the member d~ed ~n service immediately prior to date of resire~en~ or ether separation~ shall ~e entitled ~o receive an amoun~ e~ual to the ~ransferred leaw, Page 2 of 4 balance in .a lump sum. In,the case o,f a su~Vivin~ spouse or former spouse, an election mav be' made,, 50 transfer the. use ~ithi~ sixty. by the su~vi~vinq ~spo~se or fiormer :sDo ,Thag all ~Ordi~ances! or parts of Ordinances~ in Se~ti0~ conflict he=e~ith be and the~same are hereby repealed. ' S~ection 3: Shguldi any section or provision of this ordinance or ~oru~onlhere0f, ~ny parag=,aph~amY s~ntence, or word ~e~dec~ared by a court of competeng j~isdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 4~ kutho~i~y is hereby 9ranted to codify ~his ~Ordinance. sect~on~- This Or.dinance shall- ,become effective immediatelyupon passage. ADOPTED On~ first read th%s . day of i , 2001. Page 3 of 4 ADOPTED On second read this day of CITY OF BOYNTON BEACH ATTEST: MAYOR ~ITY CLERK Page 4 of 4 Oc,tober 13, 3425-0310 Acc~m~iated leave cashout'S ourl F~iIe No. 90z0334 Mike: ~ ~ ~e~arding the p~a Y - '~ ~nd vacation _mm ~t~er is in response ~o ou q , e e governing payoutS ~f aceumulatea sz~ ~ ulated sick a~d vacatZOn payOU~S ~red whether accum ~_ , = ~nslon benefit on wh~c s a~ual le earnings up ~ ~R~ ~io ~ code broadly define d .... Section ,18 55 , a~=~ by the employe · , s earnings , overt lme an a~ gros , ~'~ h~tu~ exctuszve of . . 'ncluding overtzme p y~ - ,: --- ~m= and confzrmee ion, 1 fred with Barbera ~ef'ts We have conEe ~ ~,2. hL~n~ deducted from ovee contrzbu~zonS are. ~ ~m,,~ accumulated smck and leave PaYOu ' accumulated .... ~ ~=~=ionable earnmngs. leave is properly ~eem~u . ' whether it would be possible for a ~ - .... ice By copy of this letter, [nG prloz ~=~- · - =- ~or the next Boa roll'ce this item on the agenu= ~ October 13, 2001 Page 2 accumulated sick and vacation Da'o ' A. related topic is the ability o~ members U on se . ~ Y uts i P paratton frm ~ - nto a member, would ~b~ ~ he concluszo~ _n ~f u~h Vacation proceeds ~ ~S~er the aCcumu[ from the DROP accoun~ as. we~l proceeds, to ~a-n IRA or another qualified p~an. ~ember would be permitted to keep DROP and sick and mnves~ed in the DROP account, as pemmitted by the DROP optionThe enclosed as well. draft ordinance would amend the plan ~o · AsInternala resultReven~eOf several· recent privane letter rul~ Service, mt is now p~ssible for mrrevocable election prlor to ~he time they are a receive Payou~ of accumulated leave and have that le ~oa qualified retiremenE accoun5 such as a DROp [ deferred basis. In Other words, if, prior ~o enEry into member Were to elect transfer of his Or her accumulated entire value of that leave could be placed mn the DROP no tax COnseqUence to the member until disnribution s place. As DROP account proceeds may be rolled OVer Upon of active employment into:an individual - retirement account, would have an opportunity to invest the value of ac for a subsman~ial period of time wzthout incurring tax Clearly such a program could have several advannages obvious tax savings to members. By deferring the accumul, into an additional retirement contribution, both would avoid paying the 7-1/2% Social Security 5ax annr ordinary cash Payment on accumulated leave. Additi accumulated leave was paid at ~he time of entry into the would cost the City less as the hourly ra~e would be lower would normally be expected at time of retirement. This reasonable ~'trade-off- for employees to receive the subs advantages. Since the minimum ~ax rate of 28% is far greater than the increase in the hourly rate Over the period of DROP part~ the earlier nransfer of the leave balance would ac2ually greater net value to the employee. From the City's pez earlier transfer of the leave would also be less costly the lower hourly rate and would also remove the financialaCcumula~edstatement.leave from the City's stated liabilities in a LaDue, Administrator MEMORANDUM TO: :K~'~ressner, City Manager ,FROM: Sa~s. A. Cherof, City Attorney RE: Fi~Pension DATE: ~ff~rnber 29, 2001 b~ilanc~es:aPOn~ent, without re .~: ~d to'.!he~ c~ncel~t ct auth~[~,zmg.sucn tranarers, wmcn policy debi~ior~tm~bservations ~egarding:the Ordinance are as ~onows. 1. ;~ction 18(a) conflicts with Subsection 1 ~ction t.a) defines, the election period as "not later than the year prior to the ~;~prio~ to retirement" '8/~ection (b) describes the ~leefion "in the year prior ~o retirement" ~eterm "separation" should be defined ~Coltective Bargaining Agreemem generally addresses the issue of the cash ~ma~*aine of accumulated sic~c and vacation twae. It ~s not clear !o~ .wh.at e, xt,en~ '~Ordinance would lock in a cash out value. Language should be mctuaea /J~rmakes clear that the cash out value is subject m variation depending on the la,age of future Collective Bargaining Agreements. ~ction 18(d) delegates the method ~f. in~_plem~ntat)°.n t~ t,h.e B~ard. The m~od of implementation st/ould be stated m the body of the ormnance. 5. ?t~Sion benefits are a~mandatory subject of bargaining. The Ordinance ~d contain language that[enactment is:contingent on obtaining waivers from tt~IAFF or the Waiver should be obtained prior to Second Reading. ~.Ordinance should contain a Whereas clause that the statutory procedures for ~dment of the Pension plan (ie the Actuarial Report and Notice to the ?o ~oted in Bob Klausner's October 13, 2001 letter, the Police/Ordinance should ~s whether some amount of minimum leave should be retained against the ~miSbility of catastrophic illness. Alt of ~foreguing suggested clarifications of the Ordinance could be implemented betwee, a Fh~t,an~ond Reading. Y/II, - LEGAL 'ITEM C,2. AGREEMENT Tills AG ~RI~gMENT made and entered into this day of ,2001 , by and ~betmeen;Ga~ tL ~ts, as.Palm Beach County Property Appraiser (the "Appraiser"), and the Bovnton ~each t~im~-~escue , hereinafter "Local Govermnent", WvdF_k~. Ag,:~,ocal Government has elected under Section 197.363( 1); Florida Statutes, for ~the e0tleetion ~;its mn-ad valorem assessments pursuant to thc. uniform method for the levy, collection a~ mffota~ment: of non-ad valorem assessments as provided for in Section 197.3632, ~orida ~atues; and ~ERE~S~e Appraiser and Local Government are required to enter into an agreement pursuant to 'Sectio~ 197.3632(2), Florida Statutes, for the Appraiser to provide the Local Government wilh'~information outlined in Section 197.3632(3)(b), Florida Statutes; and WlqERE~$, {2hapter 92-264, Laws of Florida was enacted to provide that non-ad valorem assessments be sa ~ in the Notice of Proposed Property Taxes for Palm Beach County; NOW, Tf-It~EFORE, in consideration of the following covenants, conditions and promises .the parties a~ee as.~tlows: 1. The-a~m~ representations are tree and correct. 2. The ~ser is entering into this Agreement without any determination that Local Govemmenl is qual~ed to collect its non-ad valorem assessments by the uniform method, and Local Government ,wffi,i~mnify and hold the Appraiser harmless from any challenge thereto. 3. The Apta~aiser will provide to Local Government the information described in Section 197.3632(3~(b), Ptmida Statutes, in compatible electronic medim by June 1, 20 02. 4. Lamal~G~vemment in levying and collecting non-ad valorem assessments pursuant to Section 197.3632., ~orida Statutes, will provide to the Appraiser the assessment rate expressed in dollars and ~ l~e~ unit of assessment, the associated assessment amount and the purpose of the assessment, extended against each parcel within the boundaries of Locai Government in compatible electronic medium prior to August 1, 2002. 5. The Appraiser will utilize the information provided by the Local Government pursuant to paragraph 4 herein in preparing the Notice of Proposed Property Taxes pursuant to Section 200.069, Florida Statutes, and, in addition to the information required in the Notice required b~ Section 200.069, Florida Statutes, the Appraiser shall include the non-ad valorem assessment levied 6. Additionally, the Appraiser agrees to make available to Local Government an additional 1/st of the information described in Section 197.3632(3)(b), Florida Statutes, shortly before the September 15, 2002 certification date for Local Government to reflect the changes to the assessment roll between said date and June 1, 2002. 7. In return for the providing of the information as outlined in Paragraphs 3 and 6, Local Government agrees to reimburse the Appraiser, in accordance with Section 197.3632(2); Florida Statutes, for the necessary administrative costs incurred in providing the information. 8. The parties recognize the Appraiser processes changes to the assessment roll through a procedure known as Errors and Insolvencies (E & I's). The Appraiser agrees to provide a copy of each E & I processed to Local Government. The parties recognize Local Government has a process to make changes on its assessment roll. Local Government agrees to provide the Appraiser with information in written form, of any changes it makes. 9. This agreement shall automatically be extended hereafter, from year to year, unless and until t~mdnated by either ofthe parties. This Agreement may be terminated at any time by the Local Government upon written notice to the Appraiser and payment for all services provided under this Agreement through the date of termination. This Agreement may be terminated at any time by the Appraiser upon wHttan notice to the Local Government; however, notice given by the Appraiser after January 1 and prior to October 1, shall be effective only following completion of certification of that year's non-ad valorem tax mil. Upon cancellation of the-Agreement by the Appraiser, the Local Go.emme~t~ reimburse all outstanding bills to the Appraiser within a reasonable time. ~;WFfI'~SS~0F, the parties or their duly authorized representatives hereby execute this Agreemen~oa/la*flate first written above. Local Governmer~t Gat3, R. Nikolits, as Palm Beach County Property Appraiser Requested City Commission Meiting Dates November 20, 2001 [] December 4, 2001 [] December 18, 2001 [] January 2, 2002 XII. - LEGAL rrEM C,2. CITY OF BOYNTON BEACH AGENDA:ITEM QUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 7. 200I (5:00 p.m./ November 21, 2001 (5:00 p.m.) December $. 2001 (5:00 p.m.) December 19, 2001 (5:00p.m.) Requested City ComraJssion 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 (5:00 p.m.) February 20, 2002 t 5:00 p.m.) NATURE OF AGENDA ITEM [] Adminis~:afive [] Development Plans [] Consent Agenda [] New Business [] PubhcHearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Authorize the City to enter into an interlocal agreement between Gary IL Nikolits, as Palm Beach County Property Appraiser and the City of Boynton Beach Fire/Rescue for the collection of its non-ad valorem assessments pursuant to the uniform method for the levy, collection and enforcement of non-ad valorem assessments as provided for in Section 197.3632 Florida Statues. EXPLANATION: The Appraiser and Local Government are required to enter into an agreement pursuant to Section 197.3632(2) Florida Statues, for the Appraiser to provide the Local Government with the information outlined in Section 197.3632(3)Co), Florida Statues. (Copy of Statute attached) PROGRAM IMPACT: By using the Tax Bill to assess the Fire Special Assessment we will save on postage cost. staff time to: prepare a separate invoice and then to follow up on collection. FISCAL IMPACT: Bettter collection rate (estimated to be 15% ~ 20%) and cost savings by City not having to mail out separate invoices. ALTERNATIVES: City staff sends separate invoice. Department Head's Signature City Manager's Signature Department Nme City Attorney / Finance / Human Resources s :~BULLETIN~ORMS~AGENDA ITEM KEQUEST FORM.DOC RESOLUTION NO. R 01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY · OF BOYNTON BEACH, FLORIDA, AuTHOR!Z~ ~.!NG ~ D~CT ~!~;iT~E-MAYOR ~ CITY CL~ TO EXEC~E ~ ~TE~OC~ ' AG~E~NT BETWEEN THE CITY" OF BOSTON BEACH ~ P~M BE&CH CQ~Y~ pgOPERTY ~P~SE~ PROVinG FOR ~'COELECTION ass ss S DATE. ~,~ : :: .,: ? ~AS~ staff h~ reGo~ended ap~ov~ of ~ ~terlocal Ageemem ~e~een ~e CiW ofBo~t~ B~ach ~d P~ BeaGh Co~W Prope~ Appr~s~ fo~ collection of its non-ad v~or~ ~s~ssmems p~su~t to ~e ~ifo~ me,od for ~e le~, :ollecfion ~d enfomement of non-ad v~orem ~s~ssments ~ provided for in Section 973632 Flofi~ Statutes. NOW, ~E~FO~ BE IT ~SOL~D~ BY THE CI~ CO~ISSION )F THE CITY OF BOSTON BEACH, ~O~ THAT: Section 1. ~e Mayor ~d CiW Clerk ~e h~eby au~ofized m execute nterloGal A~eemmt be~e~ ~e Ciw 0f Boston Beth ~d Pa~ Beach ~ope~ Appr~er, w~Gh A~e~em is a~aGhed h~reto ~ E~bit "A". S~fion 2. ~t ~s Resolution sh~l become effective ~ately upon )assage. Vt21~O~I~I 'HD¥~I blO~LNAO~[ :IO AJ~ID · IOOE uoqutoooQ jo ~ (leos o:m.~o~oo) :~S~£V 2 s.~q~ (I~tJ. dO(IV (INIV (I~lSSYtI E Requested City Commission Meetine Dates [] November 20. 2001 [] December 4. 2001 [] December 18. 2001 [-- January. 2. 2002 XlI. - LEGAL ITEM C.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Corm'nission in to City Clerk's Office Meetin; Dates Noveraber 7, 2001 (5:00p.m.) [] JanuarylS. 2002 November 21. 2001 (5:00 p.m.) [] February 5, 2002 DecemberS. 2001 (5:00p.rm) [] FebruaryI9,2002 December 19. 2001 (5:00 p.m.) [] March 5. 2002 Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Authorize the City to enter into an interlocal agreement between the Palm Beach County Tax Collector and the City of Boynton Beach Fire/Rescue for the collection of its non-ad val6rem assessments pursuant to the uniform method for the levy, collection and enforcement of non-ad valorem assessments as provided for in Section 197.3632 Florida Statues. EXPLANATION: The Tax Collector and the Local Government are required to enter into an agreement pursuant to Section 197.3632(2) Florida Statues for the purpose of having the Tax Collector collect non-ad valorem revenue for the City. PROGRAM IMPACT: By using the Tax Bill to assess the Fire Special Assessment we will save on postage cost, staff time to prepare a separate invoice and then to follow up on collection. FISCAL IMPACT: Bettter collection rate (estimated to be 15% - 20%) and cost savings by City not having to mail out separate invoices. ALTERNATIVES: City staff sends separate invoice. Department Head's Signature City Manager's Signature Department Name City Attomey/ Finance / Human Resources S :~BULLETIN~ORMS~.GENDA ITEM REQUEST FORM.DOC XI[. - LEGAL ITEM C.3. 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 pALM BEACH COUNTY, TAX COLLECTOR; PROVIDING FOR THE COLLECTION AND ENFORCEMENT OF NON-AD VALOREM ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. WttEREAS, staff has recommended approval of an Interlocal Agreement the City of Boymon Beach and Palm BeaCh County Tax Collector for the of its non-ad valorem assessments pursuant m the uniform method for the levy, and enforcement of non-ad valorem assessments as provided for in Section 632 Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized to execute an Agreement between the City of Boynton Beach and Palm Beach County Tax which Agreement is attached hereto as Exhibit "A". Section2. That this Resolution shall become effective immediately upon PASSED AND ADOPTED this day of December, 2001. CITY OF BOYNTON BEACH, FLOP~IDA ~'~yyor ice Mayor Commissioner -- Commissioner Commissioner City Clerk (Corporate Seal) )(II, - LEGAL ITEM C.3. AGREEMENT THIS AGREEMENT made and entered into this day of 2001 by and between John K. Clark, as Tax Collector for Palm Beach County, and the City of Boynton Beach, for theimpiementation and collection of the City's non-ad valorem assessment b'ffiing as follows: The City of Boynton Beach shall meet all the requirements of Florida Statutes 197.3631 and 197.3632 for the implementation of the City's non-ad valorem assessment billing. Upon the l~rformance by the City of Boynton Beach of the requirements of the above statutes and this Agreement, the Tax Collector agrees to implement the City's non-ad valorem assessment billing and collection. TheCity of Bo~mton Beach further agrees that it shall provide to the Tax Collector compensation for the actual cost of collecting this non-ad valorem assessment as provided in Florida Statutes. (F.S. Section t97.3632 (8) (C). Since the actual costs of collection cannot be precisely determined, the parties agree that one percent (1%) of total collections will be considered the costs. This Agreement shall be in effect for the tax year 2002 and subsequent years thereafter unless canceled by either the City or the Tax Collector by giving notice in writing to the other by January loth. This Agreement may be modified by both parties in writing provided such modifications are agreed upon prior to any notice of termination. Th/s Agreemem shall be changed, modified or amended in writing as necessary to conform with any new statutory requirements when and if enacted into law. DATED this .day of 2001. John K. Clark, as Tax Collector for Palm Beach County By:. ATTEST: