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Agenda 03-05-02 The City of 100 E. Boynton Beach Boulevard ($61) 742-6000 City Commission AGENDA MARCH 5, 2002 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Mack McCray Commissioner District II Mike Ferguson District III Charlie Fisher Commissioner District IV Kurt Bressner City Manager www.ci.boynton-beach.fi.us WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PART[C[PAI'LON AT C~TY OF 6oYNTON BEACH COMM[SS]~ON MEEI'LNGS agenda for every meeting of the City Commissioners, which determines the order of ~ommission will not take action u or official the meeting. The City pon any matter, proposal, is not listed iupon the official agenda, unless a majority of the Commission has first the presentation for consideration and action. ~ent Agenda Items: These are items which the Commission does not need to discuss individually the order which are voted on as a group. ular Agenda ]:terns: These are items which the Commission will discuss individually in can be by either on the agenda. .~ Vote: A voice vote by the Commission indicates approval of the agenda item. This regular voice vote with "Ayes 8~ Nays" or by a roll call vote. AT COt4H~[SS]~ON HEET[NGS: public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public :nce, and on any regular agenda item. Commission meetings are business meetings and, as such, the Commission retains the right to limit ion on an issue. ent cards are located on the table by the entry door to the Chambers. Please complete a ,'Comment by PublicCard" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the As a general practice, comment cards will not be accepted after presentation, of an agenda item has lun. -..~rings: Any citizen may speak on an official agenda item under the section entitled "Public Publ!CHearlng~;,~-. matter within the scope of the jurisdiction of pUblic f.o.r matte, rs ~ listed on the agenda. The Mayor Audience: Any citizen may be heard concerning any Commission. Please use the yellow colored card Clerk. the call for speakers by name from the yellow cards provided by the City item(s) listed on the agen.da after · Regular Agenda ]:terns: Any dtizen may speak on any official agenda a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Nayor will call for sPeakers by name from the green cards provided by the-City Clerk. RESS]~NG THE cOMM~LSSZON: ADD __ :~ -~'led nlease steP up to either podium and state, for the record, your name and address. When your name ,= ~, , - boisterous while addressing the pre ' g . . DECORUH: · . . udience before the Commissionthe ma]ontybY the voteStdinof the°fficer'commlssl°nunless Any person making impertinent or slanderous remarks or who becomes Commission will b..e ban'_?_ fr.om fu.rth~r t~e Commission Is granted by permission to continue or =gain addre members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission tin is in session. -- bers 100 East Boynton Beach,. Nee g. . .... o,,,,~,~-~,n~,,.. Beach CiW commission. (;;h~a_~ Boulevaro, O.u~'~_~';~n ~ m (Please check me ~9~,,~° month, starting at o..~u ~,. · - . Holidays/Elecfi0n Day). CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA March 5, 2002 6:30~P.M. I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation/Moment of Silent Prayer C. Pledge of Allegiance to the Flag led by Vice Mayor Weiland D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE Tr TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDZVTDUALS MAY SPEAK FOR THREE UNINTERRUPTED HINUTES. E. Agenda Approval: 1. AddiUons, Deletions, Corrections 2. Adoption II. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LZMTI'ED TO 3-MINUTE PRESENTATIONS ITL OTHER: A. Informational Items by Members of the City Commission IV. ADMZNISTRA'r~E: A. Accept resignaUon of Lee Wische, Regular Member, Planning & Development Board B. Accept resignation of Betty Collins, Regular Member, Senior Advisory Board C. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Dato II McCray Adv. Bcl. on Children & Youth Stu/Reg/NonVoting 1 yr term to 4/02 III Ferguson Adv. Bd. on Children & Youth Stu/Reg/Voting 1 yr term to 4/02 Agenda Regular City Commission Meeting Boynton Beach, Florida March 5, 2002 ]~V Fisher Bldg. Bd of Adj & Appeals Alt 1 yr term to '~/02 ]~ Weiland Education Advisory Board Reg 2 yr term to '~/02 (Tabled-2) I]~ McCray Nuisance Abatement Board Alt 1 yr term to ~,/02 (Tabled-2) I Weiland Planning & Development Board Reg 2 yr term to ~,/03 !! McCray Senior Advisory Board Reg 2 yr term to ~,/03 ];!! Ferguson Senior Advisory Board Reg 2 yr term to 4/03 V. ANNOUNCEf4ENTS & PRESENTATZONS: A.Announcements: None B. Presentations: 1. Proclamations: a. "Read Together Boynton Beach" - March 15 - April 29, 2002 2. Accept Annual Financial Report for Fiscal Year ended September 30, 2001 3. Presentation on the dignity of the human person by 8~ Grade students from St. Mark School PUBLI'C HEAR/NG: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERH~[TS A. Project: Woolbright Plaza Agent: H.P. Tompkins Owner: Veronica Motiram Location: 1609 S. Congress Avenue DescripUon: Request Conditional Use/Site Plan approval to raze an existing bank building in order to construct a new 14,490 square foot Walgreen's store with a drive-through facility combined with 4,800 square feet of commercial space and a separate four-story 40,000 square foot office/retail building for a total of 59,290 square feet of building area on 4.945 acres. ProjeCt to be done in phases. Agenda Regular City Commission Meeting Boynton Beach, Florida March 5, 2002 VII. CONSENT AGENDA: Hatters 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. Agenda Preview Conference of February 14, 2002 2. Regular City Commission Meeting of February 19, 2002 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget 1. Award the "TWO-YEAR BID FOR HYDRAULIC CYLINDERS AND VALVES, PARTS AND REPAIRS," Bid #031-2516-02/KR, to Construction Hydraulics of Lake Worth, Florida for an annual estimated expenditure of $35,000 C. Resolutions: 1. Proposed Resolution No. R02-017 Re: Approving .Joint Project Participation/Funding Agreement with Palm Beach County for the Construction of Boynton Beach Boulevard and Military Trail ]:ntersection Improvements in an amount not to exceed $27,220 2, Proposed Resolution No. R02-018 Re: Approving full release of surety for water improvements for the project known as Harrison Import/Export, and refunding $600 to the developer, Contractors Management Services, Inc. 3. Proposed Resolution No, R02-019 Re: Approving full release of surety for water improvements for the project known as PGD Inc., and refunding the cash surety of $825 to Chris and Shelley O'Hare 4: Proposed Resolution No. R02-020 Re: Approving full release of surety for water and sewer improvements for the project known as YMCA, and returning the letter of credit from Comerica Bank to the developer 5. Proposed Resolution No, R02-021 Re: Ratifying South Central Regional Wastewater Treatment & Disposal Board action of January 17, 2002 and approving funding for Task Order with consulting engineer Hazen 8, Sawyer for Preliminary Design Report to expand the '~ ~ South Central Regional Wastewater Treatment & Disposal Board's reclaimed water system to 24 mgd, in the amount of $47,100 · Agenda Regular City Commission Meeting Boynton Beach, Florida Harch 5, 2002 6. Proposed Resolution No. R02-022 Re: Approving full release of surety for water improvements for the project known as Boynton Commerce Center ]:T, and returning the letter of credit from Mellon United National Bank in the amount of $33,550 to the developer 7. Proposed Resolution No. R02-023 Re: Approving an Agreement for Water Service Outside of the City Limits and Covenant for Annexation with Polo Ridge Developer, LLC, for a parcel of land located on the west side of State Road A1A, approximately 197 feet north of Sea Road 8. Proposed Resolution No. RO2-024 Re: Authorizing staff to remove and/or refund all penalty fees associated with late payment of 2002 Occupational License Renewal D. Ratification of Planning 8, Development Board Action: 1. Woolbright Plaza, 1609 S. Congress Avenue - Request a height exception pursuant to the City's Land Development RegulaUons, Chapter 2, Zoning, Section 4. F.2, to allow a peaked roof on a proposed office/retail building at 61 feet-6 inches, a distance of 16 feet-6 inches above the 45 foot ~ r ~ maximum height allowed in the C-3 zoning district E. Ratification of CRA Action: None F. Approve a donation from the State Forfeiture Fund Account in the amount of $5,000 to the Lake Worth Community High School Criminal Justice Academy G. Approve the transfer_ of $4,000 from the City Commission's Community ]:nvestment Fund to the Ubrary's DonaUon Account ($1,000 each from the Community ]:nvestment Funds of Vice Mayor Weiland, Commissioners Ferguson, Fisher and McCray) H. Approve the transfer of $12,500 of the City Commission's Community Tnvestment Fund to the Library's Donation Account (from Mayor Broening's Community :Investment Funds) Approval of Plat #6, Replat #1 of Quantum Park PID (Quantum Lakes Ddve) VIII. CITY MANAGER'S REPORT: A. Update on Utilities Reserve Funds Agenda Regular City Commission Meeting Boynton Beachf Florida March S~ 2002 FUTURE AGENDA ~'I'EMS: A. Discussion of proposed Charter Amendments (April 2, 2002) B. Review of Proposed Amendment to Development Agreement - Marina Project (April 16, 2002) C. Discuss long-range plan for the Boynton Woman's Club (April 16, 2002) D. Resolution regarding revisions to the guidelines for the City Commission Community Investment Fund (April 16, 2002) E. "Commission on the Road" Meeting at Citrus Cove Elementary School (April 16, 2002) F.. Proposed Resolution No. R02-016 regarding authorizing the use of eminent domain to acquire the public right-of-way necessary to develop the Boynton Beach Boulevard Promenade and Riverwalk (April 2002) (7'able~l at J'anuaty l~ 2002 meeting) G. Proposed resolution regarding approving a contract for consulting services known j~f as the Heart of Boynton Neighborhood Academy (May 7, 2002) H. Discussion of water and wastewater rate options (May 7, 2002) Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee (May 7, 2002) .]. FRA Whistle Ban - Report (May 2002) - Delayed due to Federal Railway Administration Delay in Rulemaking K. Lake Eden Canal Maintenance Options (May 2:L 2002) X, DEVELOPMENT PLANS-' None XZ. NEW BUSZNESS: LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING None 5 Agenda Regular City Commission Meeting Boynton Beach, Florida March 5, 2002 B. Ordinances - 1~ Reading 1. Proposed Ordinance No. 02-0:10 Re: Revising the definition of "building height" found in Land Development Regulations Chapter l, Article I! 2. Proposed Ordinance No. 02-011 Re: Amending code to add "places of assembly" to the list of exceptions to the maximum building height found in Land Development Regulations Chapter 2, Section 4.F.2 C. Resolutions: None Dm Other: 1. Comment on defamation.- City Attorney James A. Cherof XIII. UNFINISHED BUSINESS: X~V. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAl ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE W~LL NEED A RECORD OF THE PROCEEDINGS ANDt FOR SUCH PURPOSEt HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDLNG [S MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CTTY SHALL FURNISH AP~ROPR~TE AUXZUARY ,et[DS AND SERVICES WHERE NECESSARY TO AFFORD AN INDTVIDUAL WTI'H A DISABILiTy AN EQUAL OPPORTUNITY TO PART]C/PATE iN AND EN]OY THE BENF..FCFS OF A SERViCEr PROGRAH, OR A~ CONDUCTED BY THE CTTY. PLEASE CONTACT JOYCE COSTa. LO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PR[OR TO THE PROGRAM OR ACT~ IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR. REQUEST. FINAL AGENDA 03~05~2002 8:14 AM S :\CC\WI:ACCAGE N DA~AGEN DAS\YEAR 2002~030502.0OC 6 DUE TO A SCRTVENER'S ERROR, PROPOSED RESOLUTI'ON NO. R02-0:I. 7 - RE: APPROVTNG 3OTNT PRO.1ECT PARTTCZPATTON/FUNDTNG AGREEMENT Wi'TH PALM BEACH COUNTY FOR THE CONSTRUCTTON OF BOYNTON BEACH BOULEVARD AND MTLTTARY TRA]:L TNTERSECTTON TMPROVEMENTS TN AN AMOUNT NOT TO EXCEED $27,220 AS IT APPEARED ON THE CITY COMMISSION AGENDA FOR 03/05/02 HAS BEEN CHANGED TO NUMBER R02--037 DUE TO A SCR'rVENER'S ERROR, PROPOSED RESOLUTTON NO. R02-0'I 8 - RE: APPROVI'NG FULL RELEASE OF SURETY FOR WATER II~IPROVEI~IENTS FOR THE PRO.1ECT KNOWN AS HARRISON I'PlPORT/EXPORT, AND REFUNDING $600 TO THE DEVELOPER, CONTRACTORS I~IANAGEI~IENT SERVTCES, INC. AS TT APPEARED ON THE C'rTY COMMTSS'rON AGENDA FOR 03/05/02 HAS BEEN CHANGED TO NUMBER R02-038 DUE TO A SCRI'VENER'S ERROR, PROPOSED RESOLUTZON NO. R02-019 - RE: APPROVZNG FULL RELEASE OF SURETY FOR WATER ZMPROVEMENTS FOR THE PRO3ECT KNOWN AS PGD INC., AND REFUNDTNG THE CASH SURETY OF $825 TO CHRZS AND SHELLEY O'HARE AS TT APPEARED ON THE CTTY COMMTSS'rON AGENDA FOR 03/05/02 HAS BEEN CHANGED TO NUMBER R02-039 DUE TO A SCRTVENER'S ERROR, PROPOSED RESOLUTTON NO. R02-020 RE: APPROVZNG FULL RELEASE OF SURETY FOR WATER AND SEWER ZMPROVEMENTS FOR THE PRO3ECT KNOWN AS YMCA, AND RETURNZNG THE LETTER OF CREDtT FROM COMERZCA BANK TO THE DEVELOPER AS TT APPEARED ON THE CZTY COMMTSSTON AGENDA FOR 03/05/02 HAS BEEN CHANGED TO NUMBER R02-040 DUE TO A SCRZVENER'S ERROR, PROPOSED RESOLUTtON NO. R02-021 - RE: RATTFYZNG SOUTH CENTRAL REG:[ONAL WASTEWATER TREATMENT & DTSPOSAL BOARD ACTTON~ OF 3ANUARY :LT, 2002 AND APPROVTNG FUNDTNG FOR TASK ORDER WTTH CONSULTTNG ENGTNEER HAZEN & SAWYER FOR PRELTM:[NARY DESTGN REPORT TO EXPAND THE SOUTH CENTRAL REGZONAL WASTEWATER TREATM, ENT & DTSPOSAL BOARD'S RECLATMED WATER SYSTEM TO 24 MGD, TN THE AMOUNT OF $47,:L00 AS IT APPEARED ON THE CITY COMMISSION AGENDA FOR 03/05/02 HAS BEEN CHANGED TO NUMBER R02-04:1. DUE TO A SCRTVENER'S ERROR, PROPOSED RESOLUTTON NO. R02-022 - RE: APPROVING FULL RELEASE OF SURETY FOR WATER IMPROVEMENTS FOR THE PRO3ECT KNOWN AS BOYNTON COMMERCE CENTER TI~ AND RETURNTNG THE LEI-rER OF CREDIT FROM MELLON UNITED NATTONAL BANK IN THE AHOUNT OF $33,550 TO THE DEVELOPER AS TT APPEARED ON THE C1'TY COMMTSSTON AGENDA FOR 03/05/02 HAS BEEN CHANGED TO NUMBER R02-042 DUE TO A SCRI'VENER'S ERROR, PROPOSED RESOLUTZON NO. R02-023 - RE: APPROVTNG AN AGREEMENT FOR WATER SERV:[CE OUTSZDE OF THE CTTY LZM]~TS AND COVENANT FOR ANNEXATZON WZTH POLO RZDGE DEVELOPER, LLCf FOR A PARCEL OF LAND LOCATED ON THE WEST StDE OF STATE ROAD AIA, APPROXTMATELY :L97 FEET NORTH OF SEA ROAD AS TT APPEARED ON THE CI'TY COMMTSSI'ON AGENDA FOR 03/05/02 HAS BEEN CHANGED TO NUMBER R02-043 DUE TO A SCRI'VENER'S ERROR, PROPOSED RESOLUTTON NO. R02-024 - RE: AUTHOI~ZTNG STAFF TO REF,1OVE AND/OR REFUND ALL PEflALTY FEES ASSOCTATED WTTH LATE PAYPlENT OF 2002 OCCUPATZONAL LZCENSE RENEWAL AS TT APPEARED ON THE CZTY COMMTSSTON AGENDA FOR 03/05/02 HAS BEEN CHANGED TO NUt4BER R02-044 $ -(,, IV.ADMINISTRATIVE ITEM A. ~.~- FEB 19 ,:' ~n. ~ 1 IV. ADHINISTRATIVE ITEH B. February 20, 2002 Mayor Gerald Broening City of Boynton Beach 100 E Boynton Beach Blvd. Boynton Beach, FI 33435 Dear Mayor, On March 9% I will be closing on my new home in Martin County and will no longer be a permanent resident of this City. Therefore, I submit my resignation as a Member of the Senior Advisory Board. Serving on an advisory Board has been an excellent experience and I appreciate the opportunity given to me to look after the needs of the seniors in this City. My hope is for you to continue to serve the City as you have done these past few years. I admire your many talents and organization skills. Thank you for the source of pride and satisfaction you have provided for me. Sincerely, Betty Collins 1119 Lake Terr. #119 Boynton Beach, F133426 (Temp. Address) cc: City Clerk V. ANNOUNCEMENTS ITEM B.l.a CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in Meetin~ Dates in to City Clerk's Office Meeting Dates to City Clerk's Office [] November 20,2001 November 7,2001 (5:00p.m.) [] January 15,2002 Janua~7 3,2002 (5:00p.m.) [] Deeembex 4, 2001 November21,2001 (5:00p.m.) [] February5,2002 Januaty l6, 2002 (5:00 p.m.) [] Decem~18, 2001 December5,2001 (5:00p.n~) [] Februarylg, 2002 Febmary 6, 2002 (5:00 p.m.) [] January 2, 2002 Deeeml~r 19, 2001 (5:00 pxo_) [] March 5, 2002 February 20, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Adopt Proclamation declaring the six weeks from March 15 through April 29 usC~Read~ Together Boynton Beach". EXPLANATION: Officially proclaims Boynton Beach as a supporter and a part of the countywide readi_~n~. campaign, "Read Together Palm Beach County: One Book, One Community." Everyone will be eneoura~ Fahrenheit 451 written by Ray Bradbury. -~--~- PROGRAM IMPACT: Boynton Beach City Library is one of the sponsoring agencies along with aH of the libraries in Palm Beach County. Other co-sponsors are: BookFest of the Palm Beaches which includes the Friends of the Boynton Beach City Library, the School District of Palm Beach County, the Literacy Coalition, the Quantum Foundation and the Palm Beach Post. it is hoped that all citizens, from the Mayor and Commissioners, businesses, employees, organizations, neighbOrhoods, etc, on through high school students will read and discuss the selected book. The Library will be hosting many opportunities for analysis and discussion of the iSSues covered in the book. Other groups and organizations are encouraged to provide discussion events. FISCAL IMPACT: NONE ALTERNATIVES: Donot officially pargi,'cipate.. * ~X~d~./~e~'- Virginia K. Faraee ,~ Department Name City Attorney / Finance / Human Resources Library S:LBULLETtNWORMSLAGENDA ITEM REQUEST FORM.DOC V. ANNOUNCEI~tENTS & PRESENTATIONS CITY OF BOYNTON BEACI Item B.2 AGENDA ITEM REQUEST FO Requested City Commissmn Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] November20,2001 November7,2001 (5:00p.m.) [] January l5, 2002 January 3, 2002 (5:00 p.m.) [] December4,2001 November21,2001 (5:00p.m.) [] February5,2002 lanuary l6, 2002 (5:00 p.m.) [] December l8, 2001 December5,2001 (5:00p.m.) [] February l9, 2002 February 6, 2002 (5:00 p.m.) [] January2,2002 December l9, 2001 (5:00p.m.) [] March5,2002 February 20, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business _ [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Accept Annual Financial Report for Fiscal year ended September 30, 2001. EXPLANATION: Ernst & Young will present a brief overview of their analysis of the Annual Financial Report for the period October 1, 2000 - September 30, 2001. PROGRAM IMPACT: Report must be accepted and reported to the state by March 31, 2002. FISCAL IMPACT: None ALTERNATIVES: None ~ Department Head's Signature ~(~ty Manager s S~gnature Finance Department Name City Attorney / Finance / Human Resources S:~BULLETINWORMS~A_GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] November 20, 2001 November 7, 2001 (5:00 p.m.) [] January 15, 2002 January 3, 2002 (5:00 p.m.) [] December4,2001 November21,2001 (5:00p.m.) [] FebmaryS, 2002 Januarylt, 2002 (5:00 p.m.) [] December 18, 200l December 5, 2001 (5:00 p.m.) [] February 19, 2002 February 6, 2002 (5:00 p.m.) [] January 2, 2002 December 19, 2001 (5:00 p.m.) [] March 5, 2002 February 20, 20Q2 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Pubhc Hearing [] Legal [] Bids [] Unfinished Business [] .4renouncement [] Presentation [] City Manager's Report RECOMMENDATION: Permit presentation by eighth grade students at St. Mark School, who have been studying government and their church's teachings On the dignity of the human person. EXPLANATION: Through studying, role-playing and meeting with a Boynton Beach resident who is in poverty, class members want to share their fmdings and urge commission members to carry out what they perceive as the wishes of the Founding Fathers. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Not permit presentation (~ Depart~ent Hc~'s Si~'~ature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:XBULLETINXFORMSL&GENDA ITEM REQUEST FORM.DOC "That's Not Fair" Presentation INTRODUCTION Over the past few months we, the Eighth Grade students of St. Mark School, have been learning about our government and our Church's teachings on the dignity of the human person. Through studying, role playing, and meeting with one of our own Boynton Beach residents who is in poverty, we have been moved to share with you our findings and challenge you to carry out the wishes of our Founding Fathers. POSTER I .5'~'l :~' $ Our Declaration oflt~tependence ~tes-"that all men are created equal; that theY are endowed by their creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness." According to the Bible, in the Book of Genesis, "The Lord God formed the man from the dust oftbe ground and breathed into his nostrils the breath of life, and the man became a living being." POSTER 2 Our God and the writers of our Constitution require that human beings require a certain amount of respect. Respect is characterized by having enough food, adequate shelter, suitable clothing, opportunities to work, means to provide for ones children, time for leisure and time for love. In other words, human beings ought'to have a decent life. POSTER 3 We, the Eighth Grade students, with the help of our parents, estimate that a family of six needs $60,000 a year to live a decent life. A family of six whose father is making minimum wage makes approximately $11,000 a year. If both parents are working their income is $22,000. Either income is far below earning what is necessary for a decent life. In other words, they are far below the line of decency. POSTER 4 We used to think that it was the poor people' s fault that they liVed in poverty. We stereotyped the poor. But, we have learned that there are many reasons for poverty such as: physical disabilities, mental disabilities, deadbeat dads, tragic upbringing, drug abuse, Iow paying job, taking care of a disabled family member, taking care of a small child, unmarketable skills and an elderly person with no pension or Social Security. We learned first-hand how wrong we were to stereotype the poor. __ _. POSTER 5 In January we met with a Boynton Beach resident who.lives in poverty. She does not fit the stereotype of a poor person. This mother of three is articulate, educated, provides for her children as best that she can, seeks employment training and job opportunities, and relies on her faith in God for support and direction. We are reaching out to her in charitable ways but we are here today to direct your focus on one particular issue - the needfor affordable housing for Iow income families in Boynton Beach. It says in the Book of Psalms, "We have been marked too long by the rich and scorned by proud oppressors." ~salm 123, 3-') The Book of Psalms further states that, "He who oppresses a poor man insults his Maker, but he who is kind to the needy honors him." (Psalml4: 3) We are here representing "Mrs. W" and the other Boynton Beach residents who are lacking adequate shelter. POSTER 6 According to the Federal Register the 2001 Fair Market Rent for existing housing in Palm Beach County is: 1 bedroom- $646 2 bedrooms - $800 3 bedrooms - $1,062 How can a family of six with a monthly income of $1,800 (based on a yearly income of $22,000) or a monthly income of $900 (based on a yearly income orS11,000) afford to rent a home for $1,0627 These human beings, therefore, are being deprived ora life of decency which the signers of our Declaration oflndependence stated. We are asking you, as representatives of the citizens of Boynton Beach, to help these people get out of poverty. POSTER 7 - A We urge you to support a variety of affordable housing alternatives: · We urge the city of Boynton Beach to work with Palm Beach County to secure funds through the Home Investment Partnership Program (HOME). · We urge the city of Boynton Beach to remain in contact with the Commission on Affordable Housing to make sure Boynton residents have access to the State Housing Initiatives Partnership Program (SHIP). · We urge the city of Boynton Beach to support affordable single-family homes, but don't forget the need for affordable rental housing. · We ask that the city of Boynton Beach support other programs that affect affordable housing, such as: jobs, wages, tm_n.~portation and childcare. POSTER 7 - B We challenge each commissioner to: · Vote your conscience when considering zoning, land use, and impact fees for affordable housing. · Consider setting aside money in Boynton Beach to match county funds. This will improve the success of our city to have affordable housing and a more stable community. CLOSING Thank you for providing us the oppommity to share with you our vision of justice. We believe it is what we are called to do as Christians and citizens of our United States. VI. PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested Ci,ty Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must b~um~xl'." Meeting Dates in to City Clerk's Office Meeting Dates ~n to C/tv'Clerk's Ot'ffce ,-- [] November20,2001 November7,2001 (5:00p.m.) [] JanuarylS, 2002 January 3, 2002 (5:00 p.~c~} [] December 4, 2001 November 21,2001 (5:00 p.m.) [] February 5, 2002 January 16, 2002 (5:00 p.m.) [] DecemberlS, 2001 December5,2001 (5:00p.m.) [] Febmarylg, 2002 February 6, 2002 (5:00 p.m.) [] January2,2002 December l9, 2001 (5:00p.m.) [] MarchS, 2002 February 20, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the March 5, 2002 City Commission Agenda under Public Hearing. The Planning and Development Board with a 6 - 1 vote, recommended that the subject request be approved subject to staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-038. EXPLANATION: PROJECT NAME: WOOLBRIGHT PLAZA AGENT: H.P. Tompkins OWNER: Veronica Moitram LOCATION: 1609 S. Congress Avenue DESCRIPTION: Request Conditional Use/Site Plan approval to raze an existing bank building in order to construct a new 14,490 square foot Walgreen's store wit a drive-through facility combined with 4,800 square feet of commercial space and a separate four (4) story 40,000 square foot office/retail building for a total of 59,290 square feet of building area on 4,945 acres. Project to be done in phases. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~ ~,~/~ ~ N/A ~ Devel~tt I~e~ma~nt"~)irector City Manager's Signature Planning and ~o~ting Director City Attorney / Finance / Human Resources S:XPlanning~SHARED\WP~PROJECTS\Woolbright Plaza\COUS 01-007\Agenda Item Request Woolbright Plaza Cond.Use 3-5-02.dot S:~BULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02 - 038 TO: Chairman and Members Planning and Development Board FROM: . Michael W. Rumpf Director of Planning & Zoning DATE: February 22, 2002 SUBJECT: Woolbright Plaza - COUS 01-007 Conditional Use Approval - (Drive-through window facility for the proposed Walgreen's Drug Store which is to be located within the proposed commercial plaza) PROPOSAL SUMMARY H.P. Tomkins Jr. of H.P.T. Consultants, Inc., agent for Isaac Mizrahi is seeking conditional use / major site plan modification approval for a drug store with a drive-through facility. This conditional use proposal will also require approval of a height exc~tion and variance. The project intent is to raze the existing 5,645 square-foot (vacant) bank building, which is approximately located in the center of the 4.945 acre parcel and to replace it with a four-story office / commercial building and a one (I) story drug store / commercial building. The four-story building will be a total of 40,000 square feet in area. The first floor (10,000 square feet) will have commercial / retail uses while floors two through four (30,000 square feet) will be used solely for offices purposes. The one-story building will be a total of 19,290 square feet in area. This building will be comprised of the Walgreen's Drug Store (14,490 square feet) and 4,800 square feet of commercial / retail area. No particular tenant is assigned to any of the bays. All proposed uses are permitted in the C-3 zoning district. The conditional use is required for the Walgreen's Drug Store drive-through feature proposed at the rear (south) of the one-story building. The drive-through lanes will commence at the northwest side of the building, originating near the loading zone and be unseen from Congress Avenue and Woolbfight Road. The entire project is to be built .throughout three (3) phases; however, all infrastructure, including landscaping, parking, etc. will be completed by the end of the first phase prior to the issuance of a certificate of occupancy. According to the site plan, the four-story office / commercial building will be built during Phase I. The Walgreen's Drug Store portion of the one-story building will be completed during the second phase and the remaining portion of that building will be built _during Phase III. Entrances for the one-story building will be located primarily on the north building faqade along Congress Avenue. The Walgreen's Drug Store entrance faces northeast to gain exposure from both Congress Avenue and Woolbfight Road. Entrances for the four-story building are proposed on the east and west building facades. Applicant/Agent: Isaac Mizrahi / H.P. Tomkins Jr. of H.P.T. Consultants, Inc. Woolbright Plaza - COUS 01-007 Page 2 Memorandum No. PZ 02 - 038 Project name: Woolbright Plaza General Description: 14, 490 square foot drag store with drive-through facility, 4800 square feet of retail / commercial, and 40,000 square feet of office / retail Property size: 215,393 square feet (4.945 acres) Land use: Local Retail Commercial (LRC) Zoning: Community Commercial (C-3) Location: Southwest comer of Congress Avenue and Woolbright Road. (See Exhibit "A" - Location Map) Total Building area: 59,290 square feet (See Exhibit "B" - Proposed Site Plan) Surrounding land uses/zoning: North - Right-of-way of Woolbright Road, then property classified Local Retail Commercial - (LRC), zoned Community Commercial (C-3), and developed with a Mobil service station; East- Right-of-way of Congress Avenue, then property classified Local Retail Commercial (LRC), zoned Community Commercial (C-3) developed with an Amoco service station, farther southeast is property classified Local Retail Commercial (LRC), zoned Planned Commercial Development (PCD) developed as Boynton Shoppes; South- Developed property classified Local Retail Commercial (LRC), zoned Community Commercial (C-3) and occupied by Woolbright Corporate Center; and West - Qua!l Run water detention area, farther west is developed property classified Low Density Residential (LDR), zoned Planned Unit Development (PUD) and occupied by Quail Run Villas. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section l l.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general Woolbright Plaza - COUS 01-007 Page 3 Memorandum No. PZ 02 - 038 health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The subject property will have three points of ingress /egress. One (1) entrance is an existing 32-foot wide curb-cut onto Woolbright Road. The second point of ingress /egress is a 32-foot wide entrance proposed on Congress Avenue. The thir~l'~onnection is internal and exists near the southeast corner of the site, directly linking with the Woolbright Corporate Center, providing cross-access between the two properties. The entrance on Woolbright Road is 32feet in width and provides right-turn in and right-turn out traffic movement. The proposed entrance from Congress Avenue will also be 32 feet in width and provide right-turn in and right-turn out traffic movement. Prior to the issuance of a City building permit, this project must obtain Palm Beach County Traffic Division approval with regard to traffic concurrency (see Exhibit "C"- Conditions of Approval). The on-site traffi'c circulation system for this parcel consists of two- (2) way drive aisles that surround both buildings, except in locations occupied by the Walgreen's Drug Store drive-through lanes. The width of all drive aisles will be 27feet. To provide added safety to pedestrians, sidewalks, with their respective markings, will connect from the-Woolbright Road and Congress Avenue public ?ights-of- way to the front of each building via the striping from the handicap parking spaces. However, the Live Oak tree proposed near the southern pedestrian link (southeast corner of property) will need to ~-~ be slightly relocated e,!the,,r to the north or south to accommodate the pedestrian cut through to the sidewalk (See Exhibit C ' - Conditions of ApprovaO. The existing and proposed public right-of-way sidewalks along both Congress Avenue and Woolbright Road will be continued through each main entrance. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection 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 required parking has been tabulated based on typical commercial uses and is designed to accommodate most permitted uses, including general offices and retail. The ratio used is one (1) space for each 200 square feet of gross floor area. The total number of parking spaces required is 297 spaces. The site plan will provide 298 parking spaces, of which, twelve (12) spaces are designated, for handicap use. The main entrances to the four-story building will be located on the east and'west side._ The handicap spaces shall be situated in the most appropriate location, closest to the building's main entrances subject to the Building Division review and approval (see Exhibit "C" - Conditions of ApprovaO. The north and south side of the four-story building will have stairs for emergency exits. Parking spaces will be located throughout the entire site. The off-street loading area will be located to the rear (south) of the one-story building and will not be seen from Woolbright Road. In addition, the loading zone will not be fully noticeable frorn the residential properties to the west because of the great distance between it across the Quail Run Villas Water Management Area. 3. Refuse and service areas, With particular reference to the items in sUbsection 1 and 2 above. Woolbright Plaza - COUS 01-007 Page 4 Memorandum No. PZ 02 - 038 A dumpster enclosure will be located at the southwest corner of the site. It is located in an area that is unobtrUsive to pedestrian and vehicular traffic and is unnoticeable from Woolbright Road, Congress Avenue, or residentially-zoned property. A trash compactor is proposed at the rear of the Walgreen's Drug Store near the loading zone area. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer will be in place via construction at the time of permitting. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The proposed pervious or "green" area is 69,373 square feet or 32.21% of the total site. Currently, the site is only partially developed. The project intent is to improve the entire site with buildings, parking areas, and landscaped areas. A majority ofth~ perimeter of the subject property contains .access and utility easements. The eastern and northern perimeter buffers (along Congress Avenue and Woolbright Road) contain 45-foot Wide access & utility easements. The landscape plan proposes Live Oak trees within these buffers. The buffer areas (45 feet in width) are wide enough to accommodate shade trees and their extensive root systems. The front (Congress Avenue) and side (Woolbright Road) landscape buffers also contain clusters of King's Mantle and Ixora Nora Grant. However, utility easements (16 feet in width) traverse through much of the western and southern perimeter buffers. An existing &inch wide Ductile Iron Pipe (DIP) water main runs through the western perimeter buffer within the utility easement area. Shade trees, with their extensive root systems cannot coexist with the infrastructure due to the possibility of future damage and therefore, are not allowed within these areas. According to Chapter 2, Section 4.L, a solid, stucco masonry wall is required along the rear property line because this commercial property abuts the Quail Run Villas residential property. The wall cannot abridge any easement rights or be constructed over any existing utilities in any easement area. A vegetative buffer, such as a row of hedges in lieu of a wail, cannot be a consideration for this project because the vegetative buffer would only be allowed if the subject property were zoned Office / Professional Commercial (C-I). The subject property is zoned Community Commercial C-3. No walls are required along the north, east, or south property lines. In conclusion, the approval of this site plan will be contingent Upon the granting of a variance for the omission of a wall along the rear property line where said commercial property abuts residentially zoned property (see Exhibit "C" - Conditions of ApprovaO. At this time, the applicant has neither submitted an application for a variance nor has staff comprehensively reviewed such a request. The applicant subsequently met with Engineering staff and both agreed on functional and Suitable landscape material within these utility easement areas (along the west and south property lines). In an attempt to buffer the subject commercial property from the adjacent residential properties, the existing hedge shall be maintained at six (6)feet in height. Also, the landscape plan proposes clusters of Areca Palm and Sabal Palmetto trees along the west property line within the utility easement where the DIP water line currently exists (see Exhibit-"D" - West Woolbright Plaza - COUS 01-007 Page 5 Memorandum No. PZ 02 - 038 Buffer Detail), Saw Palmetto and Sword Ferns will be planted at the base of the above mentioned palm trees. Twelve West Indies Mahogany trees, spaced 30feet apart are proposed in the southwest corner of the site in the same west perimeter landscape buffer where there: is no utility easement. Staff recommends that these trees be spaced closer than 30feet apart in order to form a significant upper level visual buffer-(see Exhibit "C"- Conditions of ApproVaO, Within the utility easement area of the southern i paniculata "Lakeview" shrubs and Sword 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and.nearby properties. This conditional use application proposes wall signs for the one-story building only; no wall signs are proposed on the four-story building. Several wall signs are proposed on the front (north)facade and the side (easO facade of the Walgreen s Drug Store. The individual tenant signs for the re~ail bays of the one-story building are proposed on the front (north) facade only. ~he maximum allowable signage area for the one-story building, collectively, cannot exceed 316.5 square feet. This limitation includes the signage area for each tenant of the r, etail portion of the one-story building as well. Should the buil-di'ng size Or during the permitting prOcess, all wall signs on the one-story building (east and north ~t Article IV, Section 3. C. (see Exhibit "C" - signs are proposed on buildingfacades that directl The wall signs :will be placed in such a manner as to achieve th roadways but without excess glare, which would compromise facades that face the residential neigh~ ~ lit "Enter Sign "proposed above the drive through lane of the Walgreen's Drug Store. The subject property is permitted to have two (2) freestanding signs pursuant to Chapter 21, Article IV, Section 3. The signage area for these shall be limited to 160 square feet and the sign structure must be at least JO The applicant is proposing two freestanding pole signs. On the site plan, sign indicates that both pole signs will be identical 20-foot high structures supported As proposed, the "Walgreen 's" cabinet sign will be placed at the top of the address directly below it, followed by a 37 square foot Ligh and then the individual tenant signs underneath. To achieve surrounding commercial properties, staff recommends reducing the ~ to maximum of l2 feet in height, and eliminating the LED ReaderbOard . Conditions of Appro'eaO. A monument sign style r than The required site lighting for the parking areas will meet or exceed development standards and will not cause excessive glare onto adjacent properties. The photometric plan will be reviewed at the time of permitting. 7. Required setbacks and other open spaces. The proposed buildings and drive-through lanes meet all setback requirements of the C-3 zoning district. The buildings will be more or less situated in the center of the redeveloped parcel. Woolbright Plaza - COUS 01-007 Page 6 Memorandum No. PZ 02 - 038 8. General compatibility with adjacent property and other property in the zoning district. In general, the proposed uses are compatible with the existing commercial uses to the north, south, and east of the subject property. The landscape plan aims to incorporate shade trees, shrubs and other appropriate plant material to serve as a.functional buffer between the subject property and the adjacent residential neighborhood. Chapter 9 of the Land Development Regulations (Community Design) indicates that when a distinct development or architectural pattern exists within a surrounding two-block area, consistency with that pattern shall be required. The established character of the built projects within a two-block area generally represents the Spanish/Mediterranean style (recently approved Mobil, Amoco, Corina Collin Center, LLC, and Fidelity Federal Bank). Similar architectural features were incorporated into the one-story and four- story buildings. Therefore, similaritie3 between the both buildings include but are not limited to paint color (Bone White), roof material (barrel S-tile roofs), rounded supporting and decorative columns, covered walkway& and arches: There Will be minimal on-site impact and no adverse effects will occur from the pharmacy / retail / office uses. The Site plan provides adequate buffering 'and the drive-through lanes will have little or no impact on the adjacent properties or the surrounding area. The site is developed but unoccupied This redevelopment project will further achieve a higher and better use for the property. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and neaxby properties, and the city as a whole. The maximum allowable height for the C-3 zoning district is 45feet. The proposed Walgreen's Drug Store building is designed as a one-story structure with the height of the decorative towers at 33.feet. The majority of the Walgreen's building height (approximately 25 feeO is compatible in comparison with the neighboring properties. The four-story building exceeds the maximum allowable height of the C-3 zoning district. This conditional use application is being reviewed concurrently with a request for a height exception (HTEX 01-003). The pitch of the false mansard S-tile roof generally rises 5feet above the maximum allowable height for a total of SO feet in height. According to Ordinance 01-52, parapef walls are included under Chapter 2, Section 4.F. 2 to be eligible for consideration for a height exception. The top of the pitched roof that contains the elevator facility stands 61 feet - 6 inches. Therefore, the height of the tallest part of the four-story building will exceed the maximum allowable height of the zoning district by 16feet - 6 inches. In conclusion, approval of the false mansard parapet wall and elevator tower is contingent upon the granting of the height exception - HTEX 01-003 (see Exhibit "C"- Conditions of ApprovaO. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The proposed uses will constitute additional convenience and choice for the City residents. The four- story office building will be situated to the south of the Walgreen's building. Both bm'ldings will increase the economic base of the City and provide additional critical mass to an economically upward mobile area. The placement of the Walgreen's Drug Store strategically fronts on two major Woolbright Plaza - COUS 01-007 Page 7 Memorandum No. PZ 02 - 038 arterials (Congress Avenue and Wooblright Road). This, with its close proximity to the residential neighborhoods makes the proposed location an ideal placefor this type of redevelopment. 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article I! of the City of Boynton Beach Code of Ordinances. (Part III Chapter :4 Site Plan Review). With incorporation 'ojc staff comments, the proposed project will comply with all requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. iof the Land DeVelopmentRegulations,. Chapter 2; also, conformance to the City o£Boynton Beach noise Control Ordinance. With incorporation of all cOnditions and staff:recommendations contained herein, the proposed drug store with drive-through facility would operate in a manner that is in compliance with the above- referenced codes and ordinances of the City of Boynton Beach. In conclusion, the applicant will have to apply for and obtain all necessary approvals and licenses from all applicable governing bodies in order for a certificate of occupancy to be issued. RECOMMENDATION Based on the discussions contained herein, compliance with. development regulations, and the consistency with the Comprehensive Plan, staff recommends that this request be approved subject to satisfying all conditions of approval as contained in Exhibit "C" and contingent upon the granting of the height. exception and subsequent wall variance. LG/elj S:XPlanning',SHARED\WP~ROJECTS\Woolbright Plaza~,COUS 01-007',COUS staffreport.doc Lo, cation Map EXHIBIT"A" Woolbright Plaza ; 500 0 500 1000 1500 Feet ~ W E S '-....*-Co~oJ%. ' J J I -.-:'- '=-"-_ I '~/ ' J ...... :__ _~T_"'_'_~__~___'ZY..':_'~'_ ...................... ,__ ., ~ , . / J I-,4 I I~I /_ .i'i~i , ' / / / · ., ,. ., ; " ~l ~i -~ n -,. ',. ~,. -. , ~ _ / SURVEY~IG ~-' MAPPING ....... A ALTA/ACSid LAND n~ ~R~ so 8.w. 2ND AVENU~ SUITE 1Ga aY l~. ~ACT B BOCA RAT~, FLORIDA 33432 c~'o.~o.~ ~RI~T ~ZA , .,~ ~~l~,.~ !~ ~.eile j ~ BO~Z~ ~*~ EXHIBI~,; EXHIBIT"B" ~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Woolbright Plaza APPLICANT'S AGENT: H.P. Tomkins, Jr. of H.P.T. Consultants, Inc. APPLICANT'S ADDRESS: 2295 Corporate Boulevard #240, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: Mamh 5, 2002 TYPE OF RELIEF SOUGHT: Conditional Use / Major Site Plan Modification LOCATION OF PROPERTY: Southwest comer of Woolbrig ht Road and Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X.. THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda 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 fo~und as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The cond tions for deve opment requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby __ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Woolbdght Plaza\COUS 01-007~)O.doc Conditions of Approval Project name: Woolbright Plaza .f%~ File number: COUS 01-007 Reference: 3nd review revised plans identified as Conditional Use / Maior Site Plan Modification. File COUS ..... · 01-007 with a February 12, 2002 Planning and Zoning Division date stamp marking. ~ INCLUDE REJEC DEPARTMENTS T PUBLIC WORKS - General I Comments: None X PUBLIC WORKS - Traffic . Comments: 1. Driveways accessing both Woolbright and Congress should be "right in-right X out". UTILITIES Comments: 2. Fire flow calculations will be required demonstrating the City Code X ,--.... requirement of 1,500 g.p.m, as stated in LDR Chap. 6, Art. IV, Sec. 16, or the ~. requirement imposed by insurance underwriters, whichever is greater (see CODE Sec. 26-16(a)). 3. All utility easements are shown on the rectified site plan and landscaping X drawings; we will determine which trees may interfere with existing utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easements so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR Sec 7.5-18.1 give public utilities the authority to remove, any trees that interfere with utility services, either in utility easements or public rights-of-way. 4. The Utilities Department does not approve of a CBS screen wall or X continuous heavy landscape visual screen barrier within its utility easement along the ~west property line of this project. Palm tree cluster(s) and staggered on either side of the existing water main may be planted to satisfy the screening intent. However, the Utilities Department will field locate the water main at the time of landscape planting to ensure that no trees are installed that would be detrimental to the existing water main. Low shrubbery is permissible provided that the applicant executes a "'Hold Harmless" I agreement in the event the Department is required to excavate any portion of · the utility easement to repair and/or replace any portion of ,the existing water main that would damage and/or destroy said palm tree cluStering or said low / ..... shrubbery. 5. Water and sewer lines to be owned and operated by the City shall be included X COA revised 02/25/02 2 ~ DEPARTMENTS INCLUDE REJECT within utility easements. Please show all proposed easements on the engineering drawings, master site plan and landscape plan using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). FIRE Comments: 6. · 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, 1997 edition, and NFPA 101, Life Safety Code, 1997 edition 7. Design documents shall demonstrate compliance with LDR Chapter 6, X Section 16, which provides requirements .for hydrants. Hydrants in commercial applications shall be no more than 300 feet apart and the remotest part of any structure shall-be no more than 200 feet from a hydrant. Connections shall be to mains no less than six (6) inches in diameter. In addition to domestic requirements at a reSidual pressure of not less than 20 psi, a fire flow of at least 1500 gpm is required. 8. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per NFPA 1, (1997) Section 41-2.3.2. 9. 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 15,2001 addresses Knox Box storage of information for responding emergency personnel. 10. 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. 11. Fire Lanes shallbe provided at the start of a project and be maintained X throughout constmctionfOr access per NFPA 1, Section 41-2.1. POLICE Comments: None X ENGINEERJ]qG DIVISION Comments: COA revised 02/25/02 3 DEPARTMENTS INCLUDE REJECT 12. Provide drainag~ plans anddesign data for site drainage (Chapter 6, A~icle X . IV, SeCtion 5).: The Plans must inclUde flow arrows. Any Work done within the right-of-way an~or existing facilities Within the right-Of-way will require revieTM, approval, and permitting:by Palm Beach Cour~ and th~ Florida · Department of Transportation. X 13.ResolCe the conflicts: between outdoor freestanding light poles and new shade trees, iReplace or relocate large canopy trees adjacent to light fixtures to eliminate ~ture .shadowing on the parking surface (LDR, Chapter 23, Article II, Secti°n A. 1.b). 14. Sidewalks adjacent to parking lots shall be continuous through driveways to X mark Pedestrian paths and shall be 6 inches thick within driveways (LDR, Chapi~r 23, Article II, Section P). Indicate by note that the sidewalk within the driveway will be 6 inches thick. 15. Show sight triangles graphically on the Site Plan and Landscaping Plan. X Reference FDOT Standard Index 546 for the sight triangles ai~)ng all collector and arterial roadways 16. Provide, delineate and stripe a "Loading Area"; include a Pavement message X in yellOw indicating "No l~arking - Loading Zone". Also, see City Standard Drawings B-98001 and B-90013 for striping details. 17. Proof of other agency permits shall be required Prior to the issuance of other X permits. ' 18. Show ~wntten and graphic scale on ail sheets. 19. Indicate stall widths on plans. · X 20. Orient the dumpster enclosure in a southwest direction to facilitate efficient X pickm~ and maneuvering. . BUILDING DIVISION Comments: ~ . ' · 21. Relocate the two (2) handicap parking spaces located on the south side of the X 4-story building to one (1) space on the east side and one (1) space of the west side of the building. 22. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 23. At time of permit review, submit for review an addressing plan for the X COA revised 02/25/02 4 DEPARTMENTS INcLuDE REJECT project. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 24. Indicate on the landscape plan the existing desirable trees that will be X preserved, relocated or removed and replaced on the site. 25. Indicate on the plans the newly planted trees that are replacements (separate X symbol) for the removed treeS. These trees should be in addition to the Landscape Code required trees on the site. PLANNING AND ZONING Comments: .... 26. Since this project is phased, this site plan is only valid for one (1) year from X the date of City Commission approval and an additional fee is required. Indicate the timing for the phasing. The sequence of construction will be per phasing delineation shown on the site plan. Any change to the phasing plan will be subject to a minor site plan modification request. 27. The maximum allowable height in the C-3 zoning district is 45 feet. Any X eligible architectural elements listed in Chapter 2, Section 4.F.2, such as parapets or towers as shown on the plan exceeding this limit will require approval of a height exception. The proposed height should be indicated in the tabular data of the site plan. 28. In an effort to achieve further compatibility with the surrounding properties, X staff recommends reducing the height of both pole signs to a maximum of 12, feet in height and eliminating the Light Emitting Diodes (LED) Scoreboard display. 29. The building area and proposed uses in the traffic impact analysis do not X match the area (57,750 square feet vs. 59,290 square feet) and uses on the site plan. Submit a revised traffic study prior to City Commission review. 30. Provide cross access agreements between the subject property and the X property to the .south. 31. Include a color rendering of all elevations prior to the Planning & X Development Board meeting (Chapter 4, Section 7.D.2.). COA revised 02/25/02 5 : DEPARTMENTS INCLUDE REjEcT 32. Submit a color sample / swatch of all major exterior finishes prior to the X Planning & DevelOpment Bo~r, dmeeting. Each sample and / or elevation shall include the m~nufacturer s name a~d color code (Chapter 4, Section , 7.D.1.) 33. All required trees shall be at minimum 12 feet overall height and 3 caliper X inches when planted (Chapter 7.5, Article II, Section 5 C 2.). 34. Prior to the Planning & Development Board, on the site plan or separate X sheet, provide a detail or typical of all outdoor freestanding lighting fixtures. The detail must include the pole material, height, and cok~r ~rhe design, style, and illumination level Shall be comPatibie with the building design (height) and shall consider safety, funeti(~n, and aesthetic value (Chapter 9, Section 10.F.1.). 35. Sculptures, fountains, gardens, pools', and benches shall be encouraged within X + the site design (Chapter 9, Section 10.H.). The site plan indicates that a fountain and a planter is proposed near the four-story building. Provide a detail of both. 36. Wall signs shall be designed and treated as part of the architecture of a X building and shall be reviewed at the time of site plan review..On the elevations, indicate the color, type and height of all wall signs (Chapter 9, Section 10.I. 1.). The number ofx:olors used for tenant signage :for multiple tenant buildings shall be limited to two, in addition~to white and black. Colors of nationally registered copy of tenants within the building shall be included in this limitation (Chapter 9, Section 10.I.3).~ Despite the code limit to two colors, staff recommends limiting the sign color of the tenants of the one-story building to match the Walgreen's sign. 37. All plant material proposed within utility easements must obtain approval X d West Indic tree from the utilities Department. The proPose s Mahogany s' roots may conflict with the existing 8-inch Ductile Iron Pipe water main, located in the utility easement along the west property line. 38. A buffer wall is required along the west perimeter buffer where the subject X property abuts a'residential district. The buffer wall shall not abridge any easement rights or be constructed oVer~ any existing.utilities in any easement area and shall be setback 'at least two (2) feet from adjoining property lines (Chapter 2, section 4.L.). The existing easements m~y preclude the placement of the buffer wall along the West proPerty line. The applicant will be required to either obtain a variance to omit the wall or to erect the wall outside the easement area (see Utilities conditions). 39. Staff recommends that in the southwest comer of the site along the west X perimeter landscape buffer where there is no utility easement, the West Indies Mahogany.trees shall be spaced closer than 30 feet apart as currently proposed. COA revised 02/25/02 6 DEPARTMENTS INCLUDE REJECT 40. At the southeast comer of the site (along Congress Avenue), relocate the X proposed Live Oak tree either a few feet to the north or south of the pedestrian link to the public right-of-way sidewalk so that there are no conflicts within the pedestrian walkway. 41. The floor plan and elevations for the four-story building must correspond to X each other With regards to the entrances to the building. In parking areas, the handicap parking spaces must be situated closest to entrances where handicap ramps are required or provided. No handicap spaces shall be located where no building entrances or handicap ramps are provided or proposed. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDTIONS Comments: X 42. None ADDITIONAL CITY COMMISSION CONDITIONS Comments: 43. None X mWa/elj \\CH\MAIN\SHRDATA\Planning\SHARED',WP\PROJECTS\Woolbdght Plaza\COUS 01-007~COA revised.doc 2~-2~' 5AtSAL C:LUSTE/:~,E C> IN OF TFIP-JEE WITN 5FI/:L~J~5 UNDE,~NEATN 12-14' A~.ECA PAEM5 ~' C:C~::OPLUP1 NEDCaE LUEST E~UFFER DETAIL N.F~ VTI'.-CONSENT AGENDA TTEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must l~um~d( - Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office - - ~ --'__X .~ [] November20,2001 November7,2001 (5:00p.m.) [] JanuarylS, 2002 January 3, 2002 (5:00 p.m.)__ ~-21~,?~ [] December4,2001 November21,2001 (5:00p.m.) [] FebruaryS, 2002 January l6, 2002 (5:00 p.r~Y~ :~*~ [] DecemberlS, 2001 December5,2001 (5:00p.m.) [] February l9,2002 February 6, 2002 (5:00 p.m.) [] January2,2002 December l9, 2001 (5:00p.m.) [] March5,2002 Februa~j 20, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation - [] City Manager's Report RECOMMENDATION: Motion to award the "TWO-YEAR BID FOR HYDRAULIC CYLINDERS AND VALVES, PARTS AND REPAIRS", Bid #031-2516-02/KR, to Construction Hydraulics of Lake Worth, Florida for an annual estimated expenditure of $ 35~000.00. CONTRACT PERIOD: MARCH 6, 2002 TO MARCH 5, 2004 The provisions of this bid award will allow for two (2} additional one (1) year extensions at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewals are in the best interest of the City. EXPLANATION: On February 7, 2002, three (3) proposals were opened in Procurement Services. All proposals were thoroughly reviewed and the following determinations were made: 1.) Construction Hydraulics has provided top quality workmanship, support, and service over the past several years. 2.) Sunbelt Hydraulics, Delray Beach, has provided quality service for Heil equipment; however, their labor price per hour is $20.00 higher than Construction Hydraulics. 3.) Hydraulic Sales and Service is located in Miami and would increase downtime for minor service work as well as add hourly charges to repairs for travel. Construction Hydraulics is the lowest, most responsive, responsible bidder who meets all specifications. Jeff Livergood, Director of Public Works, and Bob Lee, Fleet Administrator, concur that Construction Hydraulics be awarded this bid (see attached Memo #02-011). PROGRAM IMPACT: The purpose of this bid is to establish a fixed price, for a two-year period, for the repair of malfunctioning hydraulic cylinders and valves and misceUaneous parts for mobile and industrial equipment from a qualified and responsible vendor. Parts and repairs include, but are not limited to cylinders, controls, motors, pumps, valves and any related parts, repair kits and/or components. Parts and repairs will be ordered on an "AS NEEDED BASIS". S:LBULLETIN~ORMSLAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM FISCAL IMPACT: BUDGET ACCOUNT EST. ANNUAL EXPENDITURE Fleet Maintenance 501-2516-519-46-31 $ 35,000;00 Purchasing Agent City Manager's Signature Procurement Services O~,ne_~ Department Name City Attorney/Finance / Human Resources cc: JeffLivergood, Director of Public Works Bob Lee, Fleet Administrator File S:XBULLETIN~O~S~GENDA ITEM REQUEST FORM.DOC DEPARTMENT OF PUBLIC WORKS ~ £ C £ ! YE D MEMORANDUM #02-,011 FEB 1 9 2002 PROCUREMENT SERVICE:~ To: Bill Atkins, Deputy Director of Finance Thru: Jeffrey Livergood, P.E., Director of Public Works From: Robert H. Lee, Fleet Administration~ Subj' Hydraulic Bid Date: February 19, 2002 Fleet Administration, assisted by the Fleet Maintenance _ Supervisor, have individually and jointly reviewed and discussed bid #031- 2516~02/KR, a two year bid for hydraulic cylinders, valves, parts and repairs. Fleet Operations has worked with Construction Hydraulics over the past several years and have found the service, support and workmanship to be top quality. Sunbelt Hydraulics & Equipment, Inc., of Delray Beach has provided quality service to the fleet program through a warranty program supporting Heil Refuse equipment. Although Sunbelt provides excellent service and fleet depends on that service for Heil equipment, we feel that the additional $20.00 an hour would amount to a great deal of money over the term of this bid. In reviewing a third bid vendor, Hydraulic Sales & Service, Inc., of Miami, we can not comment on service and support as~we have not worked with this vendor. Additionally, being located in Miami, would increase dOwntime for minor service work do to the location m itself as travel time to and from would add hours to repairs. Through these discussions, we feel that the best choice for Fleet Operations is to award this bid in it's entirety' to Construction Hydraulics of Lake Worth, Inc.. ~ z ~ ~ ~ ~ mz ~mm z o ~ o ~ z z z o ~ z~ D m m~ <m~O0 Z m m m m m Z z m m o ~ o ~ o~ o 0 0 0 VII.-CONSENT AGENDA ITEH C.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR_fyi Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetin~ Dates in to City Clerk's Office [] November 20, 2001 November 7, 2001 (5:00 p.m.) [] January 15, 2002 January 3, 2002 (5:00 p.m.) [] December4,2001 November21,2001 (5:00p.m.) [] February5,2002 January l6, 2002 (5:00 p.m.) [] DecemberlS, 2001 December 5, 200l (5:00p.m.) [] Febmaryl9,2002 Febmary 6, 2002 (5:00 p.m.) [] January 2, 2002 December 19, 2001 (5:00 p.m.) [] March 5, 2002 February 20, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Heating [] Legal ~_~ - -: [] Bids [] Unfinished Business _~ <.~ [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve and authorize signing of a Joint Project Participation/Funding2 ; ~; ::~ Agreement in the Construction of Boynton Beach Blvd. and Military Trail Intersection Improvements, wit~l'all~ Beach County. The agreement authorizes the City's participation for an amount not to exceed $27,220.00 f~r th~ adjustment of utilities. EXPLANATION: Palm Beach County will be redeveloping the intersection of Boynton Beach Blvd. and Military Trail, which is within the City of Boynton Beach Utilities service area. Certain valve boxes, sanitary sewer manholes and water mains will have to be adjusted in order to match the new grade elevations for the redeveloped roadway, and accommodate new drainage features. It is the City's responsibility to bear the cost of those adjustments. Line items for the adjustments were included in the County's bid for the roadwork, and the $27,220.00 amount represents the value submitted by the low bidder on the overall project. PROGRAM IMPACT: Adjustments will be necessary to protect the existing utilities from damage. FISCAL IMPACT: $27,220.00, payable from the Utilities Renewal and Replacement fund ALTERNATIVES: Adjust these facilities using City personnel. We strongly recommend against such an approach due to difficulties in coordination and the potential for incurring delays or ~ additio~aTs~rom the contractor for Department Head~ Signature ' ' ~ty Manager's Signature Department Name ~-" C~ty-.~tto~fi~ey 7FifianCe 7 Human Resou c ~r4 ~ XC : Peter Mazzella (w/1 copy of agreement) Finance Dept. (w/i copy of agreemgnt) Barbara Conboy " File " City Attorney S:\BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION R02- A ?~ESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR A JOINT THE ( COUNTY BEACH BLVD., TRAIt~J AND PROVIDING WHEREAS, the CITY and the COUNTY desire to jointly participate in the of utility adjustments to water disWibution and/or sewage transmission and other improvements, along the right-of-way of Boynton Beach Boulevard Trail Intersection Improvements; and WIIEREAS, said expenditures shall not exceed the amount of $27,220, for the ., adjustment or construction of utility lines; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION TIlE CITY OF BOYNTON BEACII, FLORIDA~ THAT: Section 1. The foregoing "WHEREAS" clauses are tree and correct and ~ ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does authorize and direct the Mayor and City CleH~ to execute a Joint Agreement between the City of Boynton Beach and Palm Beach a copy of which Agreement is attached hereto as Exhibit "A'. Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of March, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner [TTEST: ?,ity Clerk (Corporate Seal) :ca~ResoXCounty - Joint Particpation/Funding Agr BBB and Military Trail AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA AND THE CITY OF BOYNTON BEACH FOR JOINT PARTICIPATION AND PROJECT FUNDING IN CONSTRUCTION OF PALM BEACH THIS AGREEMENT, made and entered into this __ day of 2002, by and between PALM BEACH COUNTY, a political subdivision in the State of Florida, herein referred to as "COUNTY" and the "CITY OF BOYNTON BEACH", a municipality in the State of Florida, herein referred to as the "CITY", WITNESSETH: WHEREAS, COUNTY and CITY desire to jointly participate in the - construction of utility adjustments to water distribution and/or sewage transmission systems and other improvemems, hereinafter referred to as the "Work" along the right-of-way, of Boynton Beach Boulevard and Military Trail Intersection Improvements, hereinafter referrei to as the "Project"; and WHEREAS, Florida Statutes, Section 163.01,'allows governmental anits to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, both COUNTY and CITY declare that it is in the public interest that the "Work" be constructed with the aforementioned PROJECT; and NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the Parties.to this Agreement agree as follows: 1. The C1TY agrees to pay directly to the COUNTY costs attributable to construction of the "Work" along the right-of-way of the "Project" as outlined and shown in the Bid Documents for Palm Beach County Project No. 94113. AGREEMENT WITH THE CITY OF BOYNTON BEACH 2. Said summation of costs is stated in the amount of $ 27.220.00 in accordance with the attached bid tabulation (Attachment "A") and summary (Attachment "B") for the specified wo/-k. 3. Costs shall be adjusted upon actual contract costs and completion of the project using contract unit prices and actual constructed quantities, said quantities being measured by the Palm Beach County Engineering and Public Works Department. 4. The CITY agrees to fund those contributions set forth in Paragraphs 1 through 3 above within thirty (30) days of receiving written notice from the COUNTY that funding is required. 5. The COUNTY is to be responsible for administering the funds in accordance with the Agreement. 6. The CITY is to be responsible for, and agrees to provide or cause to be performed all inspection services during construction of the "Work" and final certification for the aforementioned "Work" as it relates to the CITY's work 7. The COUNTY shall obtain CITY approval for an~ change orders which increase the cost attributable to the construction of utility adjustments to water distribution and/or sewage transmission systems and other improvements to an amount greater than the contract amount as stated in Paragraph 2 of this agreement. The CITY shall be responsible for any cost caused by the CITY's delays including but not limited to change orders attributable to the roadway improvements as it relates to the CITY's work. 8. In the event that additional work and funding is required, the additional cost attributable to said construction of the "Work" as outlined in the specifications for this project is the responsibility of the CITY. In the event of an under run attributable to said construction of the "Work", as outlined in the specification, the CITY will be credited the excess amount. 2 AGREEMENT WITH THE CITY OF BOYNTON BEACH 9. The CITY shall indemnify, defend, and hold harmless the COUNTY against any actions, claims, or damages arising out of CITY's negligence tn connection with this Interlocal Agreement to the extent permitted by law, The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement to indemnify the COUNIY for the COUNTY's negligent acts or omissions. 10. The COUNTY shall indemnify, defend, and hold harmless the CITY against any actions, claims, or damages arising out of COUNTY's negligence in connection with this Interlocal Agreement to the extent permitted by law. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement to indemni~ the CITY for the CITY's negligent acts or omissions. il. All provisions of this Agreement calling for the expenditure of ad valorem tax money by either COUNTY or CITY are subject to annual budgetary funding and should ~,, either Party involuntarily fail to fund any of their respective obligations pursuant to this Agreement, this Agreement may be terminated. 12. Any and all notices required or permitted to be given hereunder shall be deemed received three (3) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested: All notice to the CITY shall be sent to: City of Boynton Beach 124 East Woolbright Road Boynton Beach, F1 33435-6~40 ATTN: Mr. Peter V. Mazzella Assistant Director of Utilities All notice to the COUNTY shall be sent to: George T. webb, P.E., County Engineer Engineering and Public Works Department P.O. Box 21229 West Palm Beach, FL 33416-1229 ATTN: ROADWAY PRODUCTION ~-.~ 3 AGREEMENT WITH THE CITY OF BOYNTON BEACH IN WITNESS WHEREOF, the Parties unto this Agreement have set their hands and seals on the day and date first written above. ' ~ CITY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS BY: BY' Warren H. Newell, Chairman ATTEST: ATTEST: JANET M. PRAINITO, CITY CLERK DOROTHY H. WILKEN, CLERK _ BY: BY: (DATE) (DATE) PROVED AS TO TERMS AND coNDITIONS APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: BY: City Attorney Assistant County Attorney F:\ROADWAY~,AGRM~94113BBUn-J2F.do~ ATTACHMENT "A" ATTACHMENT "B' PROJECT NAME: BOYNTON BEACH BLVD. AND MILITARY TRAIL INTERSECTION IMPROVEMENTS PROJECT NUMBER: 94113 , INC. ITEM AMOUNT REGULAR ROADWAY PAY ITEMS 29 ADJUST .~OVER 2:EA $ 900.00 $ 1,800.00 (INCLUDES 31 PREMIUM FOR CONFLICT CONDITION 6 EA $ 1,670.00 $ 10,020.00 (SEE SP's) REGULAR ROADWAY PAY ITEMS TOTAL $ 11,820.00 CONTINGENCY ITEMS 55 PREMIUM TO UPGRADE FROM P BOX 3 EA $ 2,000.00 $ 6,000.00 '- TO J BOX (SEE SP's) 60 ADJUST VALVE BOX 6 EA $ 300.00 $ 1,800.00 (INCLUDES CONCRETE COLLAR) 61 SUPPORT WATER MAIN 200 LF $ 7.00 $ 1,400.00 62 SUPPORT FORCE MAIN 200 LF $ 7.00 $ 1,400.00 70 DOUBLE ROCK BASE (14") 100 SY $ 48.00$ 4,800.00 CONTINGENCY ITEMS TOTAL $ 15,400.00 GRAND TOTAL $ 27,220.00 F:XROADWAY~Agrmt\94 ! 13BBUn-SUM.doc FEB - 7 2O02 Department of Engineering February 6, 2002 ......................... and Public Works P.O. Box 21229 City of Boynton Beach Utilities Department 124 East Woolbright Road West Palm Beach, FL 55416-1229 Boynton Beach, FL 33435-6040 (561) 684-4000 www. pbcgov, com ATTN: Mr. Peter V. Mazzella, Assistant to the Director of Utilities RE: JOINT PROJECT PARTICIPATION/FUNDING AGREEMENT IN TIlE CONSTRUCTION OF BOYNTON BEACIt BLVI); AND · MILITARY TRAIL INTERSECTION IMPROVEMENTS PALM BEACH COUNTY PROJECT NO. 94113 Palm Beach County Dear Mr. Mazzella: Board of County Commissioners Enclosed herewith are three original joint project participation/funding agreements for Warren H. Newell. Chairman your utility work on the referenced project. Please recall, that Weekley Asphalt Paving, Inc., the lowest responsive bidder, will be awarded this contract which included your carol A. Roberts. Vice Chair items of work in the amount of $ 27,220.00. F, aren T. Marcus Please review and request the City to execute the agreements and remm all three Mary McCarty originals for execution by the County. Burr Aaronson If yOU have any questions regarding this matter, please feel free to contact this office. Tony Masitotti Greene Since~;ely,, ~ ~)~:~i~elio A. Fernandez, P.E., Director t~ Engineering/Public Works Operations County Administrator 0 At/CLI-l/J~II~losure Robert weisman pc: Edwin A. Jack, P.E., Deputy County Engineer Marlene R. Everitt, Assistant County Attomey-,w./Attaehment Carl R. Miller, Director, Construction Coordination-w./Summary Liz Purvis, Senior Budget Analyst/OFMB Richard Farquhar, Fiscal Manager I, Administrative Services-w./Attach. ec: Tanya N. McConnell, P.E., 5 Year Road Program Mgr., Roadway Production Steven B. Career, P.E., Special prOJects Manager, Roadway Production Div. Serge Jerome, Project Engineer, Roadway Production Division Carl L. Hussey, P.E., Utility Coordinator, Roadway Production-w./Attach. F:\ROADW _AY",AG RMT\94113BBUn-LTR. doc 'An Equal Opportunity Affirmatlw Action Employer' ~ pdnted on recycled paper VZI.-CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commismon Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine Dates in to City Clerk's Office Meeting Dates ~n to City Clerk's Office [] November 20, 2001 November 7. 2001 (5:00 p.m.) [] January 15, 2002 January 3, 2002 (5:00 p.m.) [] December4,2001 November21.2001 (5:00p.m.) [] February5,2002 January l6, 2002 (5:00 p.m.) [] December l:8, 2001 December5,2001 (5:00p.m.) [] February l9, 2002 February 6, 2002 (5:00 p.m.) [] January2.2002 Decemberlg, 2001 (5:00p.m.) [] March5,2002 February 20, 2002 (5:0O p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve full release of surety for water improvements, for the project known as Harrison Import/Export, and refunding $600.00 to the developer, Contractors Management Services, Inc. EXPLANATION: The water system serving this project has passed all inspections, and operated satisfactorily during the one-year warranty period. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None ~ Department'Head s Signature .... ~2ity Mffnager's Signature ///re'Department ~/, e~ Name ~ City/~qorfiey / Finance / Human Resources XC: Peter Mazzella (w/attachments) Barbara Conboy " City Attorney " Finance Dept " " File " S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A FULL RELEASE OF CASH SURETY IN THE AMOUNT OF $61 INC., THE PROJECT AS HARRISON AND FOR AN WHEREAS, the develOper for tlie project known as Harrison Import/Export posted a cash surety in:the amount of $600 as surety for water improvements; and WHEREAS, the water system serving this project has passed all inspections, and operated satisfactorily during the one-year warranty period; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon_the staff, hereby approves the release of the cash surety in the mount of $600, to Contractors Management Services, Inc. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of March, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk s:ca\Reso~Letter of Credit/Cash Surety Release - Harrisoa Import/Expcrt FROt'~ ; (.tT~ OF BO~'NiUN BCH dri,_~TiES FAX NO. ; 56.t7426298 F~b. ].9 2002 09;25Afi P4 RESOLUTION THE CITY OF BOYN'rON s~C,, FL©R!DA, PROJECT, FROM $10,539.00 ~b"~(~7~'-j~AN~ ...... PROVIDING AN EFFECTIVE DATE WHeReAS, thm devmlopmr of tha.~ parcel, previously submitted a cash sure~y in the amount of $10,539.00, as ~surety 50 guarantee complet!on of hhm potable wa~er ~ysnem I improvemenss serving this site; and w~R~As, ~na wa[er system is now comDleted and all necessary la,al documents have been presented to the City a~d developar ha~ r~queeted ~ha~ the surety, requirement be raW'ced ho $600.00; and WRq~REAS, a final inspection has b~en conducted on ~his pro]ec~ and the system appears to be funationin~ properly without any defects; ~OW, THeREFORe, B~ iT R~SOLVED BY THE CITY COMMISSION OF TH~ CITY O~ BOYNTON ~EAC~, ~O~IDA, TKAT~ ~ The City Commission ~f the Cl~y of Boyn~on Beach, Florida, based upon the r-commendation of staff, hereby approves a reduction of a cas surety from $10,S39.00 ~O $600.00. ~ That Uhis Resolution shall b~c0¢~ e~fec~ive immediately u~on pm~a~. AND ADOPTED this . .~ day cf February 1.999 CITY OF gOYNTQN B~ACH, FLORIDA V: - /~mmi~si°ne-r . ..=_. ATTEST : Ccmmis ~ loner ci~ Clerk -- DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 600.00 To: Contractors Management Services, Inc. 417 Goolsby Blvd. Deerfield Beach, FL 33442 VR# For: Refund of 5% cash surety bond for a Harrison Import/Export Water and Sewer Improvements Commission approved 3/5/02 · Requested by Peter Mazzella, Asst. to the Director Date February 14, 2002 Approvals: Dept. Head ~,~ ~3~ o,~'/J/-~)~ 401 0000 220 99 00 600.00 Finance Dept. City Manager $600.00~ VII.-CONSENT AGENDA  ITEM C.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~.~. - ;,'~Z~ ~" ~' ££8 I$ p,? ~: I0 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] November 20, 2001 November 7, 2001 (5:00 p.m.) [] January 15.2002 January 3, 2002 (5:00 p.m.) [] December 4, 2001 November 21, 2001 (5:00 p.m.) [] February 5, 2002 January 16, 2002 (5:00 p m.) [] December l8, 2001 December5,2001 (5:00p.m.) [] Febmaryl9,2002 February 6, 2002 (5:00 p.m.) [] January2,2002 Deeemberlg, 2001 (5:00p.m.) [] March5,2002 February 20, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve full rele_ase of surety for water improvements, for the project known as PGD Inc., and refunding the cash surety of $825.00 to Chris and Shelley O'Hare EXPLANATION: The water system serving this project has passed all inspections, and operated satisfactorily during the one-year warranty period. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None Depar~cnt~Head s Signature ' -'i~y anager s Signature Department Name ~/ City Att~ / l~inance / Haman Resources XC: Peter Mazzella (w/attachments) Barbara Conboy " City Attorney " Finance Dept " File " S:\BULLETIN~ORMS\AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH SURETY IN THE AMOUNT OF $825 TO CHRIS AND SHELLEY O'HARE, FOR THE PROJECT KNOWN AS PGD, INC., AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the ' the project known as PGD, Inc., previously posted a :ash surety in the t for Water improvements; and WHEREAS, the water system serving this project has passed all inspections, and >perated satisfactorily during the one-year warranty period; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF rile CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, hereby approves the release of the cash surety in the mount of 5825, to Chris and Shelley O'Hare. Section 2. That this Resolution shall become effective mediately upon passage. PASSED AND ADOPTED this day of March, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner aTTEST: Commissioner Uity Clerk ;:¢aLReso~Letter of Credit/Cash Surety Release - PGD, Inc. FROM : CITY OF BOYNTON BCH UTILITIES FA>( NO. : 5617426298 Feb, 19 2882 09:24AM P2 ;%BSOLUTIoN NO. ROo-?'~ A ~80~~ O~ T~ CI~ 00~I8810N OB ~ cI~ O~ BO~N B~C~, BLORI~, A~HORIZIMG A REDUCTION IN T~ INC., IN TRE ~0~ O~ $I5,~7~ PROVIDING ~ EFFECTI~ DATE. ~~, the developer of this Parcel previously s~mitted a surety in th~ a~un= of $16,500.~0, to assure the comple~on of the water system se~i~ this ne~ and WHERBA~, the wauer system is now completed and all legal documents have b~en presented ~o the City an~ develops= ha~ re~e~ted that the su~ty re~iremen~ hm · reduced ~ and ~~, a final inspection ham been co~ucted on this without ~y defects; Section 1~ The City Co~ission of =he City of Boston Beach, Plori~a, based upon the-rmco~enda~ion of staff, hmre~ approves a reduc=Xon o~ s~ety In the a~unt of $15,675. f~r =ha pro]ecu ~own as PGD, Inc. Section 2. That ~his Resoluti~n shall becom~ ~ffeccive i~ediat~ly upon passage. FROM : CITY OF BOYNTON BC? UTiLiTIES c~x NO, : 5617426298 F~b. 19 2002 09:25AM P3 CITY FLORIDA ATTEST~ DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 825.00 To: Chris O'Hare & Shelley O'Hare 151 Commerce Drive Boynton Beach, FL 33435 For: Reduction in surety for Pineapple Grove Development project. Commission approved 3/5/02. Requested by Peter Mazzella, Asst. to the Director Date February 13, 2002 Approvals: Dept. Head 401 0000 220 99 00 $825.0(: Finance Dept. City Manager $825.00 VZI.-CONSENT AGENDA ~ ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~/,>- ; c~2~A~ Requited Ci~ Commission Date Final Fo~ Must be T~ Requited Ci~ Commission Date Final Fo~ Must be Tum~ Meeting Dates in to CiW Clerk's Office Meeting Dams in m CiW Clerk's Office November 20, 2001 November 7, 2001 (5:00 p.m,) ~ Januau 15, 2002 Janua~ 3.2002 (5:00 p.m.) ~cember 4. 2001 November 21, 2001 (5:00 p.m.) ~ Febma~ 5, 2002 JanuaD' 16, 2002 (5:00 p.m.) December l8, 2001 D~em~r5,200l (5:00p.m.) ~ Febma~19, 2002 Febma~ 6, 2002 (5:0O p.m.) Janua~ 2, 2002 December 19, 2001 (5:00 p.m.) ~ Mamh 5, 2002 Febm~ 20, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Annotmcement [] Presentation [] City Manager's Report RECOMMENDATION: -' Motion to approve full release of surety for water and sewer improvements, for the project known as YMCA, and returning the letter of credit from Comerica Bank to the developer. EXPLANATION: The water and sewer systems serving this project have passed all inspections, and operated satisfactorily during the one-year warranty period. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None ~/~~ s ~'ity Manager s S~gnature Department I-lead s Signature ' " * ' ~/~6~Department Name / City At~e~ l Finance / Human Resources XC: Peter Mazzella (w/attachments) Barbara Conboy " City Attorney " Finance Dept " ~ File " S:X~BULLET1N~ORMS'~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF SURETY (LETTER OF CREDIT NO. 564£ IN THE $5, PROVIDING AN DATE. WHEREAS, the water and sewer systems serving this project have passed all and operated satisfactorily during the om-year warranty project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON: BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, based upon the recommendation of staff, hereby approves a full release of the surety for the YMCA of Boca Raton, Inc., in the amount of $5,252.78. Section 2. That this Resolution shall become effective immediately upon pass_age. PASSED AND ADOPTED this day of March, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: ~ Commissioner City Clerk (Corporate Seal) S:'~CA'~raSOLLe~t~s of Credit\YMCA full r~lezze.do~ TffJ~X NO: 3773746 (~CA~. C~NEEXCA BANK 100 ~ E THIRD AVEN~E FAX NO: 954 468 0676 S~ITE 200 SW~FT: MNBDUS33 FLA FT LAOD~,DALE, ~. 3330~ BENEFICZAHy: DATE OF ISSUE: MA~CH 7, 200! CITY OF ~ B~/WILITIES  ~ B~ BL~. B~, ~ 33437 _ ~ED FIFTY TWO AND 78/100'S ~.S. DO~ SI~ ~ ~ ~, ~ AC~~:' '"~ =Y YO~ D~(S) AT P~ B~ ~, P~T~ ~ ~ ~. R ! G. NAL ~, 1993 ~SI$, ~LI~I$ 500 EFFE~ BY US ~/0E ~H ~TI~. E~ DEC~ 1, 2001. ~RY CITY OF BOYNTON BEACH OFFICE OF THE DIRECTOR OF UTILITIES ~r~ 124 E. Woolbr~f~ Ro~l Boynum Beecl~, FL 33435 FAX 561-742"6298 LETTER OF TRANSMn"rAL Date: March 15, 2001 TO: Mary Mum'o, Finance Dept. RE: YMCA TRANSMITrED HEREWITH ARE THE FOLLOWING ITEMS: Pages Description 1 Replacement Letter of Credit Remarks: As we discussed~ this is the replacement letter ofcredit for YMCA. The original letter of credit may be returned to them. This enclosed letter of credit is for the warranty period only. Peter V. Mazzella Copy to: Peter Mazzella File VII.-CONSENT AGENDA ITEM C.5. CITY OF BOYNTON BEACH , AGENDA ITEM REQUEST FORM' ' ..... Requested City Commission Date Final Form Must be Turned Requested City Connmssion Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meeting, Dates in to City Clerk's Office [] November20,2001 NovemberT, 2001 (5:00p. m.) [] January l5,2002 January 3, 2002 (5:00 p.m.) [] December4,2001 November21,2001 (5:00p.m.) [] February5,2002 January l6, 2002 (5:00 p.m.) [] December l8, 2001 Decomber 5. 2001 (5:00p.m.) [] February l9, 2002 February 6, 2002 (5:00 p.m.) [] January2,2002 Decexnberl9.2001 (5:00p.m-) [] March5.2002 Febraary 20. 2002 (5:00 pam) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to ratify South Central Treatment & Disposal Board action of January 17, 2002 and approve funding for Task Order with consulting engineer, Hazen & Sawyer for Preliminary Design Report to expand the South Central Regional Wastewater Treatment & Disposal Board's reclaimed water system to 24 mgd in the amoUnt of $47,100.00. EXPLANATION: The South Central Regional Wastewater Treatment & Disposal Board receives, treats and disposes of the City of Boynton Beach's wastewater. This facility is shared (50/50) with the City of Delray Beach. There is a need to expand the reclaimed water system, which takes wastewater and treats it to be able to distribute it as reclaimed water used for purposes such as irrigation. PROGRAM IMPACT: FISCAL IMPACT: Funds are available in 403-5000-590-96-05, REG027 for this project. ~ Del~artment Head's Signature C~) Manager's Signature Utilities Department ~ City ,~tt~[~ey~ Finance / Human Resources S:~BULLETIN~ORMSh~.GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON ,ORIDA, RATIFYING SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT DISPOSAL 17, 2002, AS SET --',CTIVE DATE. WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratificatiOn of the acti~)n taken b.y ,~,e BOard at the Quartdrly Meeting of January 17, 2002, as set forth in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF I'I-IE CITY OF BOYNTON BEACH, FLORIBA TBAT: Section 1. The City Commission of the City of Boynton Beach, Florida, does hereby ratify the action taken by the South Central Regional Wastewater Treatment & Disposal Board on January 17, 2002, as set forth in the attached Exhibit 'A". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of March, 2002. C~Y OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk $: c~,kR~o~CRWTID - 021702 ~" -' EXHIBIT "A" ' ~' Authorization to fund Hazen & Sawyer's Preliminary Design Report Task Order for consulting services to expand the SCRWT&DB's reclaimed water system to 24 mgd. The $94,200 fees will be divided equally from Boynton and Delray Beach's Utility Department Funds in the amount of $47,100.00. 02/15/2002 13:29 56126D2357 SOUTH OENTRAL WWTP PAGE 01 SOUTH CENTRAL REGIONAL WASTEWATER .D SPOSAL BOARD 1801 No~h~ ROBER~ J. I-~AGEL ~ T*lzl~ha~¢ ~/~ ~r~etor (~1) 272-7~ (561) 7~2~77 F~: MEM~OR ANDU, M~_ TO: Richard l:I. sko, Utility Director, city of, Delray Beach John Guidry, Utility Director, City of Boynton Beach FROM: Rober~ J, tIagel DATE: January 22, 2002 R~: RECLAIMED WATER FUNDING Enclosed please find possible laaguage needed to iniO~e funding for Hazen & Sawyer's Authorization to fund Hazen & Sawyer's Prellmi~ary De~igll Report' Task Order for consulting services to expand the SCRWT&DB's reclaimed water system to 24 mgd. The $94,200 fees will be divided equally from Boyuton and Deiray Beach's Utility Department Funds ga the amount of $47,100. If you have any questions or cOmmem% please contact uae. Maggie Woodall F~e #11-202(a) Date pagaa Fax Note 7671 g~S'/O~-.I ! Po~t-it~ Fax NOte 767t Ioate ~.//~, I#ot ~ !,..~ ~ R~ U~; l~ ~' ~.C,R.W.~ .~.D.B Phone ~ p~ ~ ~ :~:0 ~ES OF ~ ~G~ QUOTER ~~ ~E~G OF ~ SO~ C~~ ~ION~ WAS~WA~ ~A~~ ~ D~POS~ BO~ ~LD ON J~~Y 17~ 2002, AT ~ ~~~ P~ 1801 N. CONG~SS A~~, DEL~Y BEACH, ~~A BOYNTON BEACH.._ DELRAY BE. ACH Mityor Gerald Broen/~ Mayor David Schm/d~ Chairman Ron Weiland Commissioner Pat Archer Commissioner ~kc Ferguson Comm/ssioner JcffPerlman A, CA T,L TO ORDER Commissioner Wetland called the meeting to order itt 5:31 p.m. B, ROT,L CALL Mr. Hal;el called the roll. Absent at the roll call were Commiss/oner l_zvinson, Commissiorier MacCray and Commissioner McCarthy. Commissioner Lev/nson arrival at 5:32 p.m. C. PROOF OF NOTICE OF MEE~G Commissioner Weihnd asked if Proof Of Notice had been posted. Mr. Hagel said that notices had be~ posted at both Cities, D. ADDITIONS AND/OR DELETIONS TO THE AGENDA Mr. Hagel distributod the Fourth Quarter compliance report under Agenda-'# F (3) a. and Hazea & Sawyer's Preliminary Design Report Task Order under Agenda # I (1). MOTION TO ACCEPT ~ AMENDED AGENDA so moved by Commiss/oner l:erguson and seconded by Mayor Schrnidt. Motion carried 7-0. E. ACCEPTANCE AND/OR CORRECTION TO ~ MINLVTES OF ~ SPECIAL IVIEEI2NG ~LD ON SEPTEMBER 19, 2001. 82/19/2882 89:86 5612652357 SOUTH CENTRAL WWTP PAOE 82 S.C,R.W.T.&.D.B ;~ANUARY I?, 2002 ....... Pag~ 2 Of 10 REPORT OF OFFICERS AND COMMITTgg$ 1. CURRENT FINANCIAL STATEMENTS (Through DeCember 2001) a. Balance Sheet Mr. Hagel explained thru the total asses to date were over $5,000,000 md this would be reduced by $1,600,000 after money is returned to the Cities for Surplus, O & M'and Rep~dr & Replacement Funds. b. Statement of tncome& Expenses Mr, EIagel explained that we we, re presenting two (2) statements of income and expenses - one for year-to-date aotual and one for year-to-date annual. He said you will note that most line items in both statements are under budget with the exception of insurance 2. REUSE COMMnq~E REPORT a. lV~utes from December 6, 2001 meeting b. Minutes from January 7, 2002 meeting Mr. Hagel sunmmrized the Reuse Conivaittee Meeting of 12/6/2001 and 1/7/2002 explaining that the cost differential to process an additional 4 mgd per day of reuse water to processing all of our e/[lucnt was only an additional $2,000,000 - $5.000,000 vs $7,000,000. Commissioner Wciland suggested conducting a survey to fletcnnine users of reclaimed water prior to expanding the reuse Commissioner Levinson r~ponded that we were proceeding with reus~ ina. proactive rnauncr to determine what the cost would be to construct thc ~cflity thus taking' adVa~:a~ of any grant funds available and fa~tor these costs in thc Cities' capital plans for installalion of reuse pipe in streets which are being repaired. 3. EXECUTIVE DIRECTOR*S REPORT a. Compliance And Operational Status ~eport (1) First Quarter Report S.C.R.W.T,&.D.B JANUARY 17, 2002 t~e 3 of 10 Mr. Hagel reviewed the report indicating that all discharges were well below the regulatory agencies rcquirementa Commissioner Alberta McCarthy arrived at 5:44 P.m. b. Acceptance of Audited 2000/1001 Finaneinl Statements (1) Annu~ Financial Report Debbie Diaz, partner at Haas & Diaz, our auditing fu'm distributed a brochure highl/ghting our last fiscal year's results. She renewed these highlights which depicts the revenues and expenditures plus the _ reserves for repair & replacement. She indicated that ali of our records were in compliance, and' there were no man~ement recommendations. MOTION FOR ACCEPTANCE OF AUDITED 200/2001 FINANCIAL STATEMENTS so moved by Mayor Schmidt and seconded by Mayor Broening. Motion carried 8-0. c. Insurance Premium IncreaSeS Mr. Hagel indicated that prior to September 11, 2001, he had received our insurance proposals which were in line with last year's expenditures. After 9/11 our insurance underwriter, Crum & Forster indicated they would no longer undemrdte our insurance. Our insurance agent, Tom Cook of Brown & Brown, however, was able to hddcr our property liability package through Crum & Forster and Royal Insurance - the first $10,000,000 with Crum & l~orster and the second $30,000,000 with Royal However due to thc tragedy of 9/11, thc rate for our coverage incrcased from $82,000 to $209,000. Commissioner Ferguson commentcd that these invreases were very similar to the insurance increases that have taken place for his condo association. d. Hurricane Preparedness Mr. Hagel indicated that at the September 19, 2001 meeting Commissioner Archer has requested that we investigate hurricane prot~,~ion for ali of our buildings. Mr. Hagel said that we had s~ed our structures, and the screening building and chemical building were not totally hurricane protected. Mr. Hagel indicated that he had obtained bids to install white pvrmanent corrugated vertical hurricane panels 02/19/2002 09:06 5612S~2357 SOUTH CENTRAL WWTP PAGE 04 S.C.R.W.T.&.D.B IANUARY 17) 2002 / Ps~ 4 of 10 which should hurricane proof these two smmmres, lie w~nt on to say that we would be asking the Board to approve the cost of $9,000 for installation of these hurricane panols in the Consent Aganda. e, Stolen Golf Cart (Security) Mr. Hagel reported that on November 26, 200I someo~ breached our security fence and stole a golf' cart worth $2,400 which was not exrvered under our insurance. The breach occurred in an area of our original proporty fence lLue installed in I979. The barb wire at the top of the fence had rusted allowing the thieves to climb over the fence. Mr. I-Iagel went on to say that in order to assure protection of our property, the staiFhad recommended that all of the invasive plan~s that ~re growing over and into our pe~'imcter fence be removed and all rested barb wire strands be r~placed for security purposes. The cost to perform this work will be $14,000, and we will be requesting.authorization in the Consent Agenda. f. Reuse Building Flood Event & Insurance Claim Mr. Hagel explained the situation that took place on September 29, 2001 which caused flooding in the reuse building. He indicated that the damage was $14,500 of which we have rec.~ived a check from the imunmco company in the amount of $12,500. Mr. Hagel also indicated that we have taken the necessary stops m prevent this type ofincideat from ocaurfi~ again. Commissioner Archer asked if heavy rains would flood the canal on to our property thus damaging our equipment? Mr. Hagel indicated that alt of our buildings were higher than the flood levels in the canal. g. Chlorine Incident Mr. Ha. gel reviewed the events of the chlorine incident which occurred on 12/7/2001. He wont on to say our Risk Management procedures were followed and worked to perfection. h. Sludge Pelletization Project Mr. Nagel said that he had met with the Solid Waste Authority and member of the Biosoids Pelletization Consortium on ~a~uary 14, 2002. He indicated that to date we have received $!,250,000 in grants from tho South Florida Water Management District and will be attempting to obtain additional grants fi.om the State and Federal government during this Fiscal Year. Mr. Hagel indicated that with tho cutback in spending, he personally does not foresee grant funds beco~ available. Therefore it will require us to appropriate $~,$00,000 to fund our share of IAKU~y 17, 2002 Page $ of 10 the capitaI costs to construct this facih'~. The So/id Waste Authority at the present time must request a change in their O er ' Pe .... p atmg ~t for major modifieatmn which will take 8 10 months to achieve. Hewent on to s~y that we will be working with the SoIid Waste Authority to draft up an Interlocal Agreement for our share of capital and operating costs. Commissioner Levinson asked flail of'thc agencies in:the area were participating? Mr Hagcl indicated that aa ofP m County with the: xoep on h,d utilities in Martin and St. Lu~ie counties. Commissioner Weiland asked how many truc~ leave the plant per day? Mr. Hagel indica~d that there were between 7 -g tankers, however once we install our dewatering camtrifuge, that number will be reduced to two (;2).truckloads~ A question was asked ifOkeeehObee County was part of the consortium7 Mr. Hagel resp0fided tha~ they hd been: asked, bm due to fide hauling distance to the Solid Waste Authority's site, they felt they ~uld find a more economical solution to disposing of their biosolids. ~- -,-~, .., ~,ou ~. na~e~ personaay naa wined the offices of Representatives Andrews and Gannon requesting their support on a bill that is 'b~ing introduced by Representative Atwater and supported by Senator Pruitt to provide $650,000 in this year's appropriation to assist in funding our bio~li~s Pro~ect at the Solid Waste Authority. 4. BOARD ATTO~'S REPORT Mr, Federspiel said that he had nothing to report. 5- KNGINEER$* REPORT a. Hazen & Sawyer Sludge Dewatering- Construction Status ~ Job? Koro.sh. ec .from Hazen & Sawyer reported on the conduction status of the sludge dewaterinu project. Pie indicated that the construction started two months ago. He said that Widell, the contractor, now has fl~e superintendent on-site. The new centrifuge should be delivered in March, and we should be in operation earlier than the October completion date. G. CONSENT AGENDA (Board Members may request that any item be removed for diseussion.) ~ Eommissioner Wetland requested thai item G (5) be removed for discussion. $.CJLW.T.&.D,~ 7AH-0'ARY ~?, 2OO2 ~ag~ 6 1. AUTHORIZATION THROUGH AUTHORIZATION TO INC, 01~ l~ER WILL BE 4, 8: MAINTEN~CE~ AND TO DELRAY IN' d. AUTHORIZATION FROM RESERVES FOR REP AMOUNT OF $486.580.45 AND TO $486,5~0.44 TO BE HELD IN 7. AUTHORIZATION TO 'EXPEND AN ADDITIONAL $29,220.5tl FROM SURPLUS FUNDS FOR FINAL PAYMENT FOR REPAIR or 24"i EMER~cY BYPASS UNDER THE INTRACOASTAL WATERWAY. ~ 8. AUTHORIZATION TO RECIND FUNDING PORTION OF BOARD ACTION OF JULY 19, or Trm SIOSOLmS ~'~a~.ET~Z,$,TION FROmCT. 9. ,~UTI~OarZAUXON TO ~XP~ $~56,$0o,m~oM srnu,LUSr~-m)s TO scRWT~nS~'°S ~ Or DESIOZ~ AND r~.aMrrTn~o raAs~, or Trm &C.R.W.T.&.D.B SANTJARY 17, 2002 Pag~ 7 of 10 BIOSOLiDS PELLETIZATION PROJECT. 10 AUTHORIZATION TO EXPEND $9~000 FROM P~PA.IR & KEPLA~ ~IJNDS TO INSTALL PERMANENT ~CA.NE SHIfrTERS ON SCREENING AND CBE~CAL BUILDINGS. 11. AUIHORIZATION TO EXPEND $14,000. FROM REPAIR a P~PLACEMENT ~UI~S TO CL~ARINVASIVE OROWTH FROM PERIMETER FENCE PLUS NECESSARY. 12. AUTHOBIZATION TO EXPEND $7,500. FROM REPAIR & REPLACEMENT REPLACEMENT FUND TO INSTPJ_L ISOLATION CIRCUITS TO P.C.'$ IN ADMINISTRATION BUILDING.. 13. AUTHORIZATION TO EXPEND $6,000. FROM KEPAIR & REPLACEMENT FUNDS TO PURCHASE RECLAIMED FLOW METER REPLACEMENT KITS AT EACH GOLF COURSE. 14. AUTHORIZATION TO EXPEND $10,000 FROMREPAIR & REPLACEMENT FUNDS ON AN EMERGENCY BASIS TO REPLACE OPERATOR INTEI~ACE · BOARD AND WEAR RING ON CENTRIFUGE "B". 15. AUTHORIZATION TO EXPEND $5,000. FROM RJ~PAIR & REPLACEMENT FUNDS ON AN EMERGENCY BASIS TO REPLACE MOTORS'& BEARINOS ON BOTH GRIT CLASSIFIER PUM]?S. 16. ALrrHORTZATiON TO EXPEND $3,800. ON AN EMERGIENCY BASIS FROM KEPAIR & REPLACEMENT FUNDS TO REPLACE CLUTCH ON JOHN DEERE TRACTOR. 17. AUTHORIZATION TO EXPEND $2,653.00 ON AN EMERGENCY BASIS FROM REP_AiR & REPLACEMENT FUNDS TO REPLACE PLANT, INFLUENT METER TRANSMITTERS. MOTION TO ACCEPT ~ CONSENT AGENDA WITH ~ EXCEPTION OF G moved by Commissioner Ferguson and seconded by Mayor Broening. Motion carried 8-0. (5) so H. rrEMS REMOVED FROM CONSENT AGENDA FOR DISCUSSION JANUARY I7, 2002 Page I of 10 G ~ A~O~A~ON ~OM 2000~001 SU~LUS ~ ~O~T OF ~ ~ TO DE~Y ~ ) ~e ~ ~ on~ of the Bond's ~ te South Ce~ ~o~ is app~ed ~ ~me m ~d when money ia proj~ts~ IN~ Lex6naon, Mot/on carried 8 -0. NEW BUSINESS 1. AI. YrHORIZATION TO ACC'EFT HAZEN & sAWYER's PRELIMINARY DESIGN REPORT TASK. ORDER, John Koroshec l~onl Hazen & Sawyer distributed their Consulting Services Work Order. Mr. Hagel explained that at the Reuse Committee meeting on December 6, 2001 and ~Ianuary 7, 20012, it was determined that since it would ~ $5~000,000 W expand the pla~t for an additional 4 mgd what would it cost to produce 24 mgd at the rated capaaty of our plant, At the lauuary 7 m ~e?mg Hazen & Sawyer aaalysis indicated that t° produce :24 mgd would cost $7,000,000. The Reuse Committee recommeaded that Hazen & Sawyer prepare a Task Order for Preliminary Design to increase our reuse epacity to 24 n!gd and bring this back tO the Board. Mr. Koroshec indicated that the scope of services consisted of a Preliminary Design Report, South Florida Water Management Grant Application, FDEP Operating Permit Revision Application for a total cost of $94,200. Mr, Korosched said that the Grant Application would have to be submitted by April I, 2001l. He aIso indicated that it would take approximately two years for the entire process to be completed: Commissiotter McCarthy asked if the money for preliminary design would it be molded into the grant7 Albert Muniz, ofHazen & Sawyer replied that the Reuse Commia~ would be having some funding workshops, bu~ specifically thc con~ se.rv.i.'~ £~.a Woul. d becorae part o~{~e ma~ahin' g, fund~, in our ~rant application, Commissiouer McCarthy smd thai l~er major concern was mat an JANUARY 17, 200~ Page 9 of 10 be made to recoup the design funds. Mr. Hagel asked Mr. Federspiel since no monies are indicated to accept/-la.~en & Sawyer's Design Task Order, how do we word the Motion to appropriate $94,200 to fund this study? Mr. Federspiel replied that the Board should acf~ept the study, however independent action had to be initiated by each city in the amoum of $47,100 before Mr. Hagel could sign the Task Order for Hazen & Sawyer to begin the work. MOTION FOR AUTHORIZATJ[ON TO ACCEPT HAZEN & SAWYER'S PREI, _IMINARy DESIGN REPORT TASK ORDER so moved by Mayor Schmidt and seconded by Commissioner Perlman. Motion carried 8 -0. 2. EXECUTIVE DIRECTOR'S REVIEW COMMITTEE REPORT - a, Rev/ow of Plant Status 2000/200I; Acceptance of Executive Directors 2001-200:l Goals and modification of Executive D/reetor's Contract per Executive Director's Review Committee's Recommendation. Mr, Hagel reported to the Board the Plant Status for 2000/200I. This was the 10t~ year consecutively that the Actual Cost was lower than it was in 1990/91, He also renewed the goals he had accompl/shed in 2000/2001 and presented his goals for 2001/2002. Commissioner Weiland said that the Executive Director's Review Committee unanimously recommended a 5% increase in saIary for Mr. Hagel. MOTION FOR ACCEI~ANCE OF ~ EXE~ DIRECTOR'S GOAI~ FOR 2001/200:1 AND THE EXECUTIVE DIRECTOR'S REVIEW COMMITTEE'S RECOMMENDATION OF A 5% INCREASE IN SALARY FOR TH~ EXECUTIVE DIRECI~R so moved by Commissioner Ferguson and seconded by Comm/ssioner Archer. Motion carried 8 - 0, OLD BUSINESS 1. MODIFICATION OF RULES OF THE SOUTH CE~ REGIONAL WASTEWATER AND DISPOSAL BOARD. a. Minums of September 19, 2001 b. Modified Personnel Rules At the September 19, 2001 Board meeting Ma-, Hagel indicated that it was recommended th/tt the modification of South Centra~'s Personnel Rules include adding an At-Will Clause, the appeal process expanded under EEOC Section, and change spedfie drug limits to an Appendix, These changes were S.C,R.W.T.&,D.B JANUARy 17~ 2002 rev/sed on ~c Dr~ ~ D~mb~ 17, 2001. ~ere were no que~s or o~ ~~ons ~om MOTION FOR ACCEPTANCE OF MODIFICATION OF RULES OF THE SOUTH CENTRAL REGIONAL WASTEWATER AND DISPOSAL, BOARD so moved by Mayor Broe~/ng and seconded by Com~ssioner Lev/nson, Motion carried 8 ~ 0. K. PUBLIC AUDIENCE There were no comments fi'om the public audience. L. ADJOURNMENT There be/ug no further bus/ness the me~fing was adjourned at 6:3~ p.m. MOTION ~ ' i TO AD$OURN MEETING so moved by Com~ssioaer Fersuson and seconded by Commissioner Perlman. Mofioa card~ 8 - O, Respectfully submi~ed, -.~ Mary Ann ~humi~a ' VII.-CONSENT AGE NDA ITEM C.6. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] November 20, 2001 November 7, 2001 (5:00 p.m.) [] January 15, 2002 January 3, 2002 (5:00 p.m.) [] December 4. 2001 November 21. 2001 (5:00 p.m.) [] February 5, 2002 January 16, 2002 (5:00 p.m.) [] December 18, 2001 December 5.2001 (5:00 p.m.) [] February 19. 2002 February 6, 2002 (5:00 p.m.) [] January 2, 2002 December 19, 2001 (5:00 p.m.) [] March 5, 2002 February 20, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve full release of surety, for water improvements, for the project known as Boynton Commerce Center II, and returning the letter of credit from Mellon United National Bank in the amount of $33,550 to the developer. EXPLANATION: The water system serving this project has passed all insPections, and operated satisfactorily during the one-year warranty period. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None Department Heaa's Signature -C~t~ Ma*nager's-C'- ' Signature' Department Name / City Attorl~7 Finhnce / Human Resomces XC: Peter Mazzella (w/attachments) Barbara Conboy " City Attorney " Finance Dept " File ,, S:~BULLETINXFORMSXakGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- ^ ~SOL~O~ o~ ~r.~ ~ ~OMM~S,O~ O~ ~ ~~O~ ^S ~O~O~ OF $33,550; WHEREAS, the water system serving this project (Boynton Commerce Center IQ ~assed all inspections and ha operated satisfactorily during the one-year warranty period; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1.. The City Commission of the City ~of Boynton Beach, Florida,'upon the of staff, hereby approves the release of the Letter of Credit (No. MUNB- issued by Mellon United National Bank surety in the mount of $33,550, for_the iect known as Boynton Commerce Center II. Section 2,. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of March, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor ViceMayor Commissioner Commissioner Commissioner :¢akRcso~Lcttcr of Creditt Surety Release - Boynton Commerce Center II ORIGINAL Mellon United National Bank 1399 S.W. First Avenue, Miami, Florida 33130 Telex: 525757 UnitedBank Mia Tel: (305) 539-8812 CLEAN IRREVOCABLE STANDBY LE'FrER OF CREDIT N©. MUNB-5627 Date: April 20, 2000 Beneficiary: City of Boynton Beach Utilities Department 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Gentlemen: We hereby establish our Clean Irrevocable Standby Letter of Credit in your favor available by your drafts drawn on Mellon United National Bank, at sight, for any sum or sum(s) not exceeding Thirty Three Thousand Five Hundred Fifty and 00/100 USDollars ($33,550.00), for ac~;ount of Nayrot Realty Ltd, Partnership, 4444 St. Catherine, Suite 100, Westmont, Quebec H3ZIR2, Canada. This Letter of Credit is issue.d, pursuant to thos~ certain approved plans for construction of required sanitary system, H.R.S. permit no. C850-295758 (Hereafter Approved Permit ), between Nayrot Realty Ltd, Partnership, as deve,!oper, and ~e City of BoyntQn Beach, Florida, to develop a subdivision to be known as Boynton Commerce Center II (He. reaffe_r Su. bdi.visio.n"_), a.n..d .to constm, ct and install the/equired improvements pursuant to the terms of thepermit and approved plans. /nis Letter OT {.;reQk, nowever, Is independent of said approved permit and reference herein is for information only. It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one year periods from the expiration date hereof, or any future expiration date unless at least Sixty (60) days prior to any expiration date we shall notify you by courier at the address indicated above, unless a change of address is otherwise notified by you to us in writing, that we elect not to consider this Letter of Credit renewed for any such additional period. This nitial amount of funds available under this credit and stated above may be reduced by the City of Boynton Beach Utility Director, as authorized agent of the City of BOynton Beach- In accordance with the requirements of the subdivision and required improvements regulations. We hereby agree {hat such reduction shall not be effective until we have furnished a written amendment to this Letter of Credit. Such amendment shall reference this Letter of Credit as well ad the H.R.S. permit number and subdivision name, as set our herein and the new amount. Funds under this Letter of credit are available to the City hereunder not exceeding in aggregate the amount of this credit (as said amount may be amended from time to time pursuant to the above paragraph) against th~ City's demand, by its authorized agent named above, for payment on us mentioning our credit No. MUNB-5627. All drafts drawn under this credit must be marked "Drawn under Mellon United National Bank Letter of Credit No. MUNB-5627." Partial drawings are permitted. This credit is subject to and governed by the laws of the state of Florida and the 1993 revision of the Uniform Customs and Practice for Docdmentary Credits of the International Chamber of Commerce (Publication No. 500) and, in the event of any conflict, the laws of the state of Florida will control. This_Letter of Credit is enforceable in a court of competent jurisdiction in Palm Beach County, Florida. This original Letter of Credit and all amendments thereto must be submitted to us together with any drawings hereunder for our endorsement of any payments effected by us and/or for cancellation. We engage with you that each draft drawn under .and i.n. c~..mplia, nce. w!th. ~e terms of this credit will be duly honored if presented at this ~)ffrce on or before April 20, 2001 or any automatically ex[enaed dale. Siqcerely, ~ ~~ ~on Harry Ramos Sr. Operations Officer IOntPeern~at~?(~Sa~fi~c~ Services International Trade Services. ' ' · Mellon United National Bank 1399 S.W. First Avenue, Miami. Florida 33130 Telex: 525757 UnitedBank Mia Tel: (305) 539--8812 CLEAN IRREVOCABLE STANDBY LET'FER OF CREDIT NO. MUNB-5627 Date: July 03, 2000 Beneficiary:City of Boynton Beach Utilities Department 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Gentlemen: Amendment No. 1 We hereby amend our Clean Irrevocable S~n. dby. Letter o..f Cr_e,d. it. in~.our ~_.vor avail.ab!e by. your d.ra_..f~_ draw? on Mellon United National Bank, at sight, for any sum or sum[s) not .excee, o. mg. !.m.rt~. I n_.re..e I .nou~n~ ~-[v~e~ ~u.,ndr. ed F~ft~ and 00;100 USDollars ($33,550.00), for account of Nayrot Realty Ltd, Parmersnip, 4444 st. c;amenne, ~une lUU, westmont, Ouebec H3ZIR2. Canada as follows: . 1. ParagraPh Number three (3) should now mad: - "It is a c~ndYdon of this Letter of Credit that it shall ~ dee. m. ed a,utoma, ti. cally..exten, d,e~J~A,wit, hout ame.ndment for one ear nods _f?_m.. the,.?xpirab.'on date. her..e~, f, ora. ny fu.tu .m.e.xpi.ra .tion aate.unless .at least r~inety leu) aays pdor to any ~oiratin,Y~=P,e,,,t',*k sn.a.!l no.[?y.you~ Dy c?un,er at tne a.aaress malcatea above, unless a change of address is othem4se notified ~,,, ::---'": · , ,,~ yuu to us in wrmng, mat we elect not to consioer this Letter of Credit renewed for any such additional period. ,~JI other terms and conditions remain unchanged. This credit is subject to and governed by. t.he law..s of.the, sta!e of .FLodda and tile_ 1.9.93 ..revis. i.on .of..~e U.nif. o .r~. Customs and Practice for Documentary Credits of the mtemationm .L;n. amDer o?_uo ,m..m. erce. (Huol! .caaon r~o. ~.uu) ano, in. th.e event of an ~confli.ct,..the I.aws.of.~e state of Florida will control. This Letter or L;reol[ is emorceaDle in a court or competent iudsd~,:--- :Y- .... ~eacn ~;ounty, I-IOrloa. · ,,.uu~ The original Letter of Credit a. nd .a. il am.e.ndments ~e .into must.be, submitted to us together with any drawings hereunder for endorsement of any payments e~tected by us ana/or for cance.ation. - our Sr. Operations OffiCer ~ ..... ~ ' i e~ident International Trade Services, International Trade Services. VII.-CONSENT AGENDA ~ CITY OF BOYNTON BEACH ITEM C.7. ~ AGENDA ITEM REQUEST FOl~v~ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] November 20, 200l November 7, 2001 (5:00 p.m.) [] January 15, 2002 January 3, 2002 (5:00 p.m.) [] December 4, 200 l November 21, 2001 (5:00 p.m.) [] February 5, 2002 January 16, 2002 (5:00 p.m.) [] December 18, 2001 December 5, 2001 (5:00 p.m.) [] February 19, 2002 February 6, 2002 (5:00 p.m.) [] January 2, 2002 December 19, 2001 (5:00 p.m.) [] Mamh 5, 2002 February 20, 2002 (5:00 p.m.) [] Administrative [] Development Plans : ~ '" NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal r--~ :5, [] Bids [] Unfinished Business __~ [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve and authorizing the Mayor to sign an Agreement for Water Service Outside of the City Limits and Covenant for Annexation with Polo Ridge Developer, LLC, for a parcel of land located on the west 'side of State Road A1A, approximately 197 feet north of Sea Road. EXPLANATION: The subject parcel of approximately 1.025 acres is located within the City of Boynton Beach Utilities Service area, but outside of the City Limits. The parcel currently contains two apartment buildings, which will eventually be replaced by 12 multi-family condOminium units. The site is currently serviced for potable water only, but will require both water and sewer service when re-developed to the proposed use. PROGRAM IMPACT: None. The parcel lies within the existing service area, and is therefore included in planned system improvements. FISCAL IMPACT: None ALTERNATIVES: In that the parcel is within the City's utility service area, we see no reasonable alternative to approval of this agreement. S:~BULLETINnYORMSX2kGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM gnature City Department Name / Finance / Human Resources XC: Peter Mazzella (w/attachments) Michael Rumpf, Planning Dept. (w/attachments) City Attorney " File " S:,d3ULLETiN~FORMSX, AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND POLO RIDGE DEVELOPER, LLC; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject parcel is approximately 1.025 acres and is located within the City of Boynton Beach Utilities service area, but outside the City Limits (the west side of ltate Road A1A, approximately 197 feet north of Sea Road) and currently contains two ~artment buildings, which will eventually be replaced by 12 multi-familY condominium anits; and WHEREAS, this site is currently serviced for potable water only, but will require ~ .,.- loth water and sewer service when redeveloped to the proposed'use; and WHEREAS, City policy requires annexation of the property to be serviced at the ~'arliest practicable time, as a condition of the granting of water services outside its urisdictional limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ['HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to ~'xecute a Water Service Agreement between the. City of Boynton Beach, Florida and Polo Ridge Developer, LLC., said Agreement being attached heret6 and made a part hereof. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of March, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Commissioner Commissioner Commissioner Eity Clerk Gerald B. Church, P.E. FR× NO. : 561 266952~ Rug. 81 2E~1 04:SE~M P2 F~a'OH · CiTY ElF 130¥NTON ~CH UT;Li[T.~=S F'C.W NO. : 56174~29~ ~,.~g. e! L~9~. I~:lSPH PS recelv~n~ wa=er service from ch~ ~i=ipal Wa~e= ~S=em a~ the m~=ual covenmn~s ~ressed herein, ~e City of ~c~t~ B~a~A FROM : G~ald B. CNu~¢N, P.E. FR× NO. : 561 2669528 Rug. 01 2~1 04:5~PM P3 · from i=~ Mu~ci~a! Water system :~ en~{neeri~, ~ter{at, labor, &n~=a!~a~ion and Ordln~ms or ~ Development r~ati~s ~0 ~rovide se~i~e m~rov~~he.Di~r !ine~ or esUima pa~ in City. 4. ~y~=er~in emzs~ion ~ae ~rsuan~ to shall be the ~stc~r, '~less written cime, Gerald B. Church, P.E. F~X NO. : 561 2669528 ~ug. 81 2~1 04:51PM P4 F~'~ : CiTY OF BOYNTON BCH UTILITIES F~. NO. : 5617A~529S ~ug- ~! 2~i 03: IgPM Pa 7. ~-nY rights-of-way or easements nece~saz-f to accommodate th~ connections mha!i be ~ro~i~d ~ ~he ~s~om~r ~0 the the City the ~ow~r and authority to execute ~d a~vanc~ on behalf this coven~= ~ defense or t~ City's ri~ht~ as se~ f~rch herein.The cf constitu=~ a dimLnuti~n or lack of con~i~rati~. 11. ~e Cu~;~r he~e~y agrees to inde~ify, ~ef~ and hold F-ROM :' G~rald B. CHurcH, P.E. FAX NO. : 561 2669528 Aug. 01 ~he City Co~is~ion, officers, e~lo~ee~ and a~ente (~oth ~n their dam~ee, law sui=~ fees ,~i~.) from ~rea~nt. WI~SS: STA~ OF F~DA ] CO~Y OF P~ B~} MY COMMISSION # OD 060581 J, /~-~-, EXPIRES: November 4, 2005 /I FROM : Gerald. B. CHurcH, P.E. FI::::iX NO. : 561 2669528 Rug. 01 2E~tl EI4:52FI"l P6 FROM : CITY OF BOYNTON BCH LITIL )TIES F¢l~ NO. : 5627426298 Aug. 81 2~01 EI3;21PM P10 WITNESS; CITY OF BOY~T. ON B~.CH, ~LORIDA ATT .W-ST: STATE Mayor~ ' . .... -- . of ~he City ~me~ in t~e ~oregoi~ agree= a~ t~c =hey ~=ed in them ~ said City a~ u~t the city seal af~d thereto seal ~ aforesaid :his ~ of . _ .... , (No~a~ Seal) ~v~ a~ to 12/12/gS.rev WJ%T~R~RV.1 FROM : Gerald ]3. Church, P.E. FR× NO, : 561 266~20 Rug. 01 21~1 04:47PM: P3" STAT~ OF B~, FLORa, t~e and la~ul a~c~e~ in fao~ ~or Gramme an~ in ~_~ ~ as ~ollowe: F~OH : G~rald B. CHurcN, P.E. FgX NO, : 56i 2669528 gug. 81 200I 04:48F~1 P4 F"I~OId ; CITY OF B~CE,.i_~RZ~, shal~.co~nc~ and be in full force ~d effect on the authority s~11 be i=r~~le by Gran~ee. ZN WI~SS ~OF, we have h~rm~=o ~e~ our ~dm ~ seals c, 1 in. = 194.6 feet 3960 N. Ocean ~lvd. STRAWN MONAGHAN & COHEN, P.A. 54 NORTHEAST FOURTH AVENUE DELRAY BEACH, FLORIDA 33483 Attorneys and Counselors JEFFREY L. COHEN* Broward County Medical Association Building JOSE L. LORENZO TELEPHONE (561) 278-9400 5101 N.W. 21st Avenue, Suite 440 TIMOTHY E. MONAGHAN TELECOP1ER (561) 278-9462 Ft. Lauderdale, Florida 33309 ELIZABETH L. STRAWN (954) 484-0016 JOEL T. STRAWN P.O. Box 13441 Of Counsel: Tallahassee, Florida 32317-3341 FERRY MEEK* (904) 893-7821 *Board Certified in Health Care Law February 5, 2002 Mr. Peter V. Mazzella City of Boynton Beach Boynton Beach, FL Re: Polo Ridge Condominium Dear Mr. Mazzella: In connection with the above described Petition for approval of the Agreement of Water Service Outside the City Limits and Covenant for Annexation, you requested that we conduct a title search and furnish you with the name of the record owner and an itemization of all encumbrances on the following described property: ALL OF THAT PART OF THE SOUTH 170 FEET OF THE NORTH 2389 FEET OF GOVERNMENT LOT 2 OF SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING-WEST OF THE WEST RIGHT OF WAY LINE OF STATE ROAD A-l-A, LESS THE WEST 10 ' FEET THEREOF. In conducting this search, we have relied on our examination of the title search prepared by Attorneys' Title Insurance Fund, Inc. certified through February 4, 2002,, and our liability is limited to the matters set forth in that search. Subject to' the foregoing, our opinion is as follows: ~. A. The record title holder of the property is: Polo Ridge Developer, LLC, a Florida limited liability company B. There are no encumbrances effecting the Property. This opinion is furnished to you by us as counsel for Polo Ridge Developer, LLC, a Florida Limited Liability Company, is solely for your benefit and is rendered solely in connection with the transaction to which this opinion relates. This opinion may be relied upon only in connection with this transaction and may not be relied upon by any other person(s) without our prior written consent. Very truly yours, STP, AWN MONAGHAN & COHEN P.A. //Joel L. Strav~h,~Esquir~ ! Florida Bar No. 095581 JTS/arj K:\JTS Files~JTSClients\Wietsma 88602\Polo Ridge~oning App\Title Opinion 2-5 0~/~5/2002 11:57 FAX 5612747656 William Wiersmm Company ~002 JOINT COMPANY ACTION BY THE MEMBERS AND MANAGERS OF POLO RIDGE DEVELOPER. L.L.C_ The undersigned, being the secretary of POLO RIDGE DEVELOPER, L.L.C., a Florida limited liability company ("Company"), does hereby certify that all the manager and members have waived all formal requirements, including the necessity of holding a formal or informal meeting, and any requirements for notice; and have consented to the adoption of the following resolutions, taking said action in lieu of a meeting of the Managers and Members: _ 'RESOLVED, that William Wietsma, the Manager of the Company is authorized, empowered and directed in the name of and on behalf of the Company to execute any documents required by any governmental authority or agency in connection. with obtaining building permits or zoning changes for the property described as follows: ALL OF THAT PART OF THE SOUTH 170 FEET OF THE NORTH 2389 FEET OF GOVERNMENT LOT 2 OF SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WEST OF THE WEST RIGHT OF WAY LINE OF STATE ROAD A-l-A, LESS THE WEST 10 FEET THEREOF. and to take any and all actions necessary to conclude on behalf of the Company, the transactions contemplated by said documents. FURTHER RESOLVED, that the designated Manager is also authorized and directed to execute all additional documents and to take ~il additional actions that her may deem necessary or advisable to carry out and effectuate the purposes of this resolution, all in such form as the Manager executing the same shall approve, as evidenced conclusively by his execution thereof. The actions contained herein shall be effective as of the /?-~ day of February, 2002. 02/15/2002 11:58 FAX 5612747536 William Wletsma Company ~003 This document may be executed in counterparts, each of which may be deemed an original, but all of which together, when filed in the Company's records, shall be deemed one instrument. IN WITNESS WHEREOF, the undemignedl being the secretary of this Company, has hereunto set his hand and seal for these purposes.. _ J~ ' retary · ~Jt Sec rawn, g te: 2 3960 NORTH OCEAN BOULEVARD WILLIAM WI£TSMA, Architect Office (561) 274.4861 Fax (~!) 274-7636 VII.-CONSENT AGENDA ITEM C.8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form MusLl~ Tumerk~i Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk'sO]~fice [] November20,2001 November7,2001 (5:00p.m.) [] January l5,2002 January 3, 2002 (5:001~4~r) [] December4,2001 November21,2001 (5:00p.m.) [] FebruaryS, 2002 January l6, 2002 (5:00 p.m.) [] December l8, 2001 December5,2001 (5:00p.m.) [] Febmaryl9,2002 February 6, 2002 (5:00 p.m.) [] January 2, 2002 December 19, 2001 (5:00 p.m.) [] March 5, 2002 Febma~ 20, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of Resolution , authorizing staffto remove and/or refund all penalty fees associated with late payment of 2002 Occupational License Renewal. EXPLANATION: Due to computer software problems experienced during the printing of annual renewal notices, greater than 40% of the applicable notices were not generated in a timely manner. This resulted in a large number of businesses not receiving notices by the October 1 due date. While this annual tax does not require the City to generate notice to pay, staff recommends that late payment penalty fees be waived for all businesses for the period beginning October 1,2001 through June 30, 2002. PROGRAM IMPACT: The Occupational Licensing division is undergoing restructuring on several levels to assure that future renewals are accurate and mailed in a timely fashion; This division was consolidated into the planning & Zoning Division of the Department of Development on October 1, 2001, to assure accuracy, consistency and expediency in issuance of licenses. FISCAL IMPACT: Combined impact of refunds and waiver of payment will be approximately $74,000. Year to date Occupational License revenue collected totals $950,000, with an anticipated outstanding revenue to be collected of $290,700. ALTERNATIVES: Impose late payment penalty as defined by State Statute 205.053, City of Boynton Beach Code of Quir(pa~'Gr~gne~Director ot~evelopment ' ! CityManage~ s Signature iqlah~r Bym)~, Assisj~'mt-Directo~'6f Devetopment "E-it~Attorney/~inance / Human Resources S:~)evelopmen6Administration\CC Agenda Items\OL Late Penalty - 3-5-02.doc RESOLUTION NO. 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOR/DA, AUTHOR/ZING STAFF TO REMOVE AND/OR REFUND ALL PENALTY FEES ASSOCIATED WITH LATE PAYMENT OF 2002 OCCUPATIONAL LICENSE RENEWAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, staff experienced computer software problems during the printing of annual renewal notices, resulting in a number of notices not being generated in a timely manner; and WHEREAS, the City Commission deems it to be in the best interest of the residents and citizens of the City of Boynton Beach to accept the recommendation of staff to remove and/or refund all penalty fees associated with the late payment of 2002 Occupational License Renewal; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOR/DA AS FOLLOWS: SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2. The City Commission of the City of Boynton Beach, hereby authorizes staff to remove and/or refund all petialty fees associated with late payment of 2002 Occupational License Renewals. SECTION 3. This Resolution shall become effective upon adoption. islative ActionsXRefund Penalty Fees ~Occ Lic.dIocRefund of Penalty - Occ Lie PASSED AND ADOPTED THIS DAY OF March, 2002. MAYOR COMMISSIONER COMMISSIONER COMMISSIONER City Clerk APPROVED AS TO FORM: A. CHEROF, CrfY ATTORNEY S:\CA\RESO\Legislative ActionsxRefund Penalty Fees -Occ Lic.~cRefund of Penalty -Occ Lic VI1'.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be~ne6 -~ ~' ' Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Of~e~ ~ ~* ~ c~ ~ ~ [] November 20, 2001 November 7, 2001 (5:00 p.m.) [] January,15, 2002 January 3, 2002 (5:00 p.m.) ~ [] December4,2001 November 21, 200t (5:00p.m.) [] FebmaxyS, 2002 January l6, 2002 (5:00 p.m.) [] December 18, 2001 December 5, 2001 (5:00 p.m.) [] February 19, 2002 February 6, 2002 (5:00 p.m.) [] January2,2002 Decemberlg, 2001 (5:00p.m.) [] MarchS, 2002 February 20, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfmished Busmess [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the March 5, 2002 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 4 - 3 vote, recommended that the subject request be approved. No conditions of approval are proposed by staff or the Planning and Development Board. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-039. EXPLANATION: PROJECT NAME: WOOLBRIGHT PLAZA AGENT: H.P. Torapkins OWNER: Veronica Motiram LOCATION: 1609 S. Congress Avenue DESCRIPTION: Request a height exception pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, t° allow a peaked roof on a proposed office/retail building at 61 feet-6 inches; a distance of 16 feet-6 inches above the 45 foot maxinmm height allowed in the C-3 zoning district. PROGRAM IMPACT:. N/A FISCAL IMPACT: N/A ALTERNATIVES:/~~~N/A ~gn Devel~a~at bepartn~nt ~)irector ature P~a :- o and ~c[tfi~ Director City Attorney / Finance / Human Resources S:kPIanningLSHARED\WPkPROJECTS\Woolbright PlazakHTEX 01-003kAgenda Item Request Woolbright HTEX 3-5-02.dot S:kBULLETINLFORMSkAGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02- 039 STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION February 22, 2002 Project Name/File No: Woolbright Plaza/HTEX 01-003 Property Owner:' Veronica Motiram Applicant/Agent: Isaac Mizrahi / H.P. Tomkins Jr. of H.P.T. Consultants, Inc. Location: Southwest corner of Cong tess Avenue and Woolbright Road Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Type of Use: Four-story building - Office / Retail One-story building - Drug Store / Retail Project Size: Site Area: 215,393 square feet (4.945 acres) Building Area: Four-story building: 40,000 square feet One-story building: 19,290 square feet Total building area: 59,290 square feet Adjacent Uses: (See Exhibit "A" - Location Map) North- Right-of-way of Woolbright Road, then property classified Local Retail Commercial (LRC), zoned Community Commercial (C-3), and developed with a Mobil service station; East- Right-of-way of Congress Avenue, then property classified Local Retail Commercial (LRC), zoned Community Commercial (C-3) developed with an Amoco service station, farther southeast is property classified Local Retail Commercial (LRC), zoned Planned Commercial Development (PCD) developed as Boynton~ Sho ppes; South- Developed property classified Local Retail commercial (LRC), zoned Community Commercial (C-3) and occupied by Woolbright Corporate Center; and West- Quail Run water detention area, farther west is developed property classified Low Density Residential (LDR), zoned Planned Unit Development (PUD) and occupied by Quail Run Villas. Request: Request for a height exception from the City's Land Development Regulations, Chapter 2, Zoning, Section 4. F.1, to allow a five (5) foot increase from the maximum forty-five (45) foot height limit required within the C-3 Community Commercial zoning district; and Request for a height exception from the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F,1, to allow an increase of sixteen (16) feet - six (6) inches from Page 2 Woolbright Plaza/HTEX 01-003 Memorandum No. PZ 02-039 the maximum forty-five (45) foot height limit required within the C-3 Community Commercial zoning district. BACKGROUND The project intent is to raze the existing 5,645 square-foot (vacant) Dank building, which is approximately located in the center of the 4.945 acre parcel and to replace it with a four-story office / commercial building and a one (1) story drug store / commercial building. The four-story building will be a total of 40,000 square feet in area. The first floor (10,000 square ~eet)will have commercial / retail uses while floors two through four (30.000 square feet) will be used solely for offices purposes. The on,e_-story building will be a total of 19,290 square feet in area. The 'building will be comprised of the Walgreen s Drug StOre (14,490 square feet) and 4,800 square feet of commercial / retail area. No particular tenant is assigned to any of the bays. The proposed four-story office building will have a false mansard style roof, with the top of the parapet to be 50 feet in height, which is five (5) feet higher than the district regulation of 45 feet. In addition, the building will also have a peaked gable style roof that will house the elevator facility. This elevator facility will be located at the north end of the buiJding (see Exhibit "B" - Elevations). The top of this peaked roof for the elevator shaft will be 61 feet-6 inches in height, or 16 ¼ feet above the maximum allowable height for the C-3 zoning district. ANALYSIS Land Development Regulations, Chapter 2, Zoning, Section 4.F. 3, Height Limitations and Exceptions, states that in considering an application for exception to the district height regulation, the City Commission shall "'~make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. Exhibit "C" lists those standards and how the applicant addressed them. According to the elevation, the roofline for the four-story building will be at the zoning district maximum 45 feet in height. In an effort to conceal rooftop equipment such as air-conditioner units or vents, the elevations show that a false mansard roof will rise above the roofline by five (5) feet. According to Ordinance 01-52, parapet walls are included under Chapter 2, Section 4.F.2 to be eligible for consideration for a height exception. Pursuant to Chapter 9, Section 11.E., all rooftop equipment must be completely screened from view at a minimum distance of 600 feet. This segment of the roof would be necessary to conceal the rooftop equipment. To compare the two proposed buildings within the same property, the tallest point of the decorative tower on the Walgreen's Drug Store building is 31 feet - 4 inches. The majority of the top of the parapet on the four-story building is 50 feet in height. The difference between the tallest point of the decorative tower for the Walgreen's Drug Store building and the majority of the parapet for the four-story building is 18 feet - 8 inches. An elevator must be incorporated into the design of all commercial buildings with three (3) or more stories, pursuant to Florida Accessibility Code for Building Construction, Section 4.1.3. The top of the roof for the elevator shaft will be 61 feet - 6 inches in height, or 16 ¼ feet above the zoning district's maximum allowable height. Although the top of the elevator facility proposed on the four-story building is larger than the tallest point of the one-story building, it is not out of scale with the overall design of the building with which it is proposed. The elevator facility is designed in scale with the entire building and the pitched roof at the top is an integral part of the 'architectural design. Both the false mansard roof and the pitched gable roof styles are compatible with each other. The roof style will be compatible with the one-story building on the same property and also with the newer commercial buildings on adjacent commercial properties. This building design employs the use of a S-tile roof, earth-tone colors and decorative arches that are compatible with recently approved projects, such as Corina Collin Center, LLC and Mobil Gas Station, and also with the existing Fidelity Federal bank building. According to the elevations, it appears that the second and third stories will have oversized glass windows. These windows, in conjunCtion with the absence of score lines or anything else that Page 3 Woolbright Plaza/HTEX 01-003 Memorandum No. PZ 02-039 resembles an interruption between second and third floors lends itself a building design with the appearance',. of only three floors. The height exception will not have an adverse effect on the proposed land uses. The top of the roof will not reduce the sunlight of neighboring properties. The building is setback over 90 feet from the south property line and over 120 feet from the west property line. Lastly, the application represents the minimal necessary to achieve the design intent of the project, and is not felt by staff to be excessive. RECOMMENDATION Based ol Contained herein staff re, ption of five (5) ~ght exce ~ which wil r t commended; however, pproval recom ~ will be placed in Exhibit "C". Attachments MR: EJ J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Woolbdght Plaza\HTEX 01-003\staff report.doc '-Wooibright Plaza 500 0 500 1000 1500 .Feet ~ W E S DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Woolbright Plaza APPLICANT'S AGENT: H.P. Tomkins, Jr. of H.P.T. Consultants, Inc. APPLICANT'S ADDRESS: 2295 Corporate Boulevard #240, .Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 5, 2002 TYPE OF RELIEF SOUGHT: Height Exception LOCATION OF PROPERTY: Southwest corner of Woolbdght Road and Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of l~oynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" With notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP~PROJECTS\Woolbdght Plaza\COUS 01-007~DO.doc EXIIlBIT ,'C" Project name: Woolbright Professional Plaza File number: ItTEX 01-003 Reference: ~ IN REJECT DEPARTMENTS X X X X X X ~X X X comments: No~ne ~ -oolbright plaza'4-1TEX 0t .003\COA.doc ~ ~i~wRo~C~S\W VII.-CONSENT AGENDA ITEM F. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] November 20, 2001 November 7, 2001 (5:00 p.m.) [] lanuary 15, 2002 January 3, 2002 (5:00 p.m.) [] December 4, 2001 November 21, 2001 (5:00 p.m.) [] February 5, 2002 January 16, 2002 (5:00 p.m.) [] December 18, 2001 December 5, 2001 (5:00 p.m.) [] February 19, 2002 February 6, 2002 (5:00 p.m.) [] January 2, 2002 December 19, 2001 (5:00 p.m.) [] March 5, 2002 February 20, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report ~ ~: -:~: RECOMMENDATION: Approval of donation from the State Forfeiture Fund Account in the amount 0~'$5,00~041 to the Lake Worth Community High School Criminal Justice Academy. EXPLANATION: The Lake Worth High School Criminal Justice Academy is a Palm Beach County "magnet school" program that draws students from communities throughout the county including the City of Boynton Beach. The program is a criminal justice based academic curriculum that introduces students to criminological theory, operation of the judicial system, legal studies and basic law enforcement operations. Students also participate in an internship program during the school year and summer recess. Graduates are encouraged to continue their studies on the collegiate level and to seek employment with law enforcement or other criminal justice agencies. Criminal Justice Academy Graduates are represented in agencies throughout the region and are heavily recruited by area police departments including Boynton Beach. The Criminal Justice Academy gives our children a unique perspective on law enforcement and the justice system as a whole that fosters community service as well as academic achievement. This donation is designed to supplement the Academy's budget shortfall and insure that current programs are maintained. PROGRAM IMPACT: Provides opportunity for high school children to participate in a unique magnet program. FISCAL IMPACT: Fund balance is $11,776.53 ALTERNATIVES:~~~~___.___N/A i~ .,~ - Department Head's Signature Cit?Manager's Signature S:~BULLETIN~ORMSkA. GENDA ITEM REQUEST FORM.DOC ~LA~:E WORTH COMMUNITY HIGH SCHOOL " 170! LAKE WORTH ROAD TELEPHONE (561) 533-632~ LAKE WORTH, FLORIDA 33460 FAX (56 ! ) 540-9888 PATRICIA MANDIGO PRINCIPAL Chief Marshall Gage January 17, 2002 Boybton Beach Police Department 135 N.E. 1st Avenue BOynton Beach FL 33435 Dear Chief Gage, The Criminal Justice Academy is once again in need ofyour financial assistance. As many of you are aware there has been much discussion about the magnet programs in our schools. The one thing that has consistently taken place is that the schoolboard has cut our funding but not our programs. Since the acaderni~ funding has always been the law enforcement communky of Palm Beach County none of our funds have been cut because they ail come fiom you. This year we have been fortunate enough to be granted a Byme Grant, with the help or'he Criminal Justice Commission, fiom the unused funds fiom last years grants. The only thing that we need to insure the grant is the 2~% match. As you may know the Byrne Grant does not give you money but returns 75% of what you spend. Based on this assurance the school Superintendent will allow us to over expend our internal account as long as we have the matching funds on hand. Our match for this grant is $9,500.00. This will allow us to purchase the 5 additional computers to complete our computer lab, 2 network printers for our students use, 200 new uniform trousers at $28.00 per pair along with jacket replacements and new belts, 175 new textbooks at $55.00 per book and money for field trips. We need your help to accomplish this. Any funds which you can contn'bute will he deposited directly in to our internal account at Lake Worth High School and can only'he spent by the Academy for the benefit of our students. Any money received over what we need for the match wfll remain in the account for use during future schoolyears. These major purchases will compete all of our planned expenditures fiom last year and will allow us to concentrate on utilizing all of our new facility. As in thepast it is your support that has helped this program gl-ow and serve the students of Palm Beach County. We have just reached a milestone in having graduates fiom our program graduating from college and returning to work in law enforcement in Palm Beach County. Thank you for all ofyour past and future support. IfI or the academy can do anything for you please feel free to call me at 540-6198. As always we welcome your visits to our program. Accredited by the SOUTHERN ASSOClATlON o~ COLLEGES and SCHOOLS since 1922. Merit School Award Since 1989 · Desicjnated School of Excellence 1991(Reach for Excellence Award Pro~rar VIT.-CONSENT AGENDA ITEH G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM P,.equcsted City Commission Date F/ual Form Must be Turned Requested City Commission Date Final Form Must be Turned in Meeting Dates in to CiO/Clerk's Office Meeting Dates to City Clerk's Office [] November20,200! November7,2001 (5:00p.m.) [] January l5, 2002 January 3, 2002 (5:00 p. m.) [] December4,2001 November21,2001 (5:00p.m_) [] February5,2002 January l6, 2002 (5:00 pan.) [] Decgmbexl8,2001 Eh~nn~ 5, 2001 (5:00p.m.) [] Febmaryl9,2002 F~bruary 6, 2002 (5:00 p.m.) [] January2,2002 D~exnb~rl9,2001 (5:00p.m.) [] March5,2002 Febmary 20, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal c~ ~"~_ [] Bids [] Unfinished Business [] Announcement [] Presenlation =- -~ [] City Manager's Report RECOMMENDATION: Review/approve the transfer of $4000 from the City Commission's Community Investment Fund to the Library's Donation Account. EXPLANATION: Funding is needed to cover the eost of tim Afriean-Amerieau Book Club's Book Distribution held Saturday, February 16, as part of the HeritageFest Black History Mouth eelebratiun. PROGRAM IMPACT: Children and par,ars were eaeoaroged to read together by signing up for library cards and by reeeiviag a small collection of books for the home. $4000 was used to purebase og.-upprupriate children's books. The program reached about 170 family members who came to the library, possibly for the first time, and put new books into the hands of early readers. FISCAL IMPACT: Transfer $1000 each from the Community Investment Funds of Vie.-Mayor Weilund, and Commissioners Fergnsoa, Fisher, and McCray (Account ~001-2417-559-6390) to the Library Donation Account (# 691-0000-247.04-41). ALTERNATIVES: Do not approve. Department Head's S',~n~t~/~ ~ ' ~iiy Manager's Signature / Department Name City Attorney / Financ~ / Human R~sourcos Library S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC VII.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Reque~ten:l City Commi~aion Dage Final Form Must be Turned Requested City Commi~ion Date F/hal Form Must b~ Turned in Me~ing Dates in to City Clerk's Ofli~ Meeting Dates to City Cl~rk's ~ [] Novemb~ 20, 2001 November7,2001 (5:00p.m.) [] JanuarylS, 2002 Januaty3,2002(5:0Op.nx) [] Deca~ml~ 4, 2001 November21,2001 (5:00pan.) [] Febma~ 5, 2002 Januaryl6,2002(5:0Op.nt) [] Deoembcrl8,2001 Degemb~rS, 2001 (5:00p.nt) [] Februatyl9,2002 Fdmmty 6, 2002 (5:00 p.m) [] Sanuary 2, 2002 De~ml~rl9,2001 (5:00p.m.) [] March5,2002 Fdmuu-y20,2002(,~5~p.m,~. [--] Administrative [] Development Plans ro -~::_ NATURE OF [] Consent Agenda [] New Busingss c:~ ". Y' z.z AGENDA ITEM [] Public Hearing [] Legal '~ ' ;~ [] Bids [] Unfinished Business .~. ~_ _ [] City Manager's Report ~ RECOMMENDATION: Review/approve the transfer of $12,500 of the City Commi~ion's Community Investment Fund to the Library's Donation Account at the Mayor's request. EXPLANATION: The Community Investment Funding Program provides for funding of eligible programs to benefit the public. Donations to the Library for the enhancement of the collection are a benefit to all residents of the community. PROGRAM IMPACT: Books and other resources will be purchased for the public's use. FISCAL IMPACT: Transfer $6,250 in March and $6,250 in April for a total of $12,500 from the Community Investment Fund of Mayor Brooning (Account ~001-2417-$59-6390) to the Library Donation Account (# 691-0000- 247.04-41). ALTERNATIVEs: Do eot approve. Depaxtment Hcad's Signatu~' ' /~ City lgSa~nager's Signature / Department Name City Attm'n~ / Financ~ ! Human Resources L~brary S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM. EK~ VII.-CONSENT AGENDA ITEM I. cITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOR v Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tnmed Meeting Dates in to City Clerk's Office Meeting. Dates in to City Clerk's Office [] November 20, 2001 November 7. 2001 (5:00 p.m.) [] January 15, 2002 January 3, 2002 (5:00 p.m.) [] December 4, 2001 November 21, 2001 (5:00 p.m.) [] February 5, 2002 January 16, 2002 (5:00 p.m.) [] DecemberlS, 2001 December5,2001 (5:00p.m.) [] February l9, 2002 February 6, 2002 (5:00 p.m.) [] January 2, 2002 December 19, 2001 (5:00 p.m.) [] March 5, 2002 February 20, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: City Commission approval of plat number 6, replat number 1, of Quantum Park of Boynton Beach PID. The City Commission approves this plat subject to subsequent City staff approvals as provided for on the corresponding signature blocks on the plat. EXPLANATION: The replat provides for utility easements dedication to the City of Boynton Beach on Quantum Lakes Drive. PROGRAM IMPACT: NA FISCAL IMPACT: NA ALTERNATIVES:~~~~IF-~///~ ~~ -~ - , City Manager's Signature '! Jet~tver o~d, Engineering Director Engineering Department Department Name City Attorney / Finance / Human Resources S:~BULLETINZFORMSLa-GENDA ITEM REQUEST FORM.DOC VIII. - CITY MANAGER'S CITY OF BOYNTON-BEAC[ REPORT AGENDA ITEM REQUEST FO] ITEM A Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] November 20, 2001 November 7, 2001 (5:00 p.m.) [] January 15, 2002 January 3, 2002 (5:00 p.m.) [] December 4, 2001 November 21, 2001 (5:00 p.m.) [] February 5, 2002 January 16, 2002 (5:00 p.m.) [] DecemberlS, 2001 December 5, 200l (5:00p.m.) [] Febmaryl9,2002 February62002(5:00pm) [] January2,2002 December l9, 2001 (5:00p.m.) [] March5,2002 February 20, 2002 (5 00 p m ) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Report on Fund Balances for Utilities Fund - Evaluate EXPLANATION: In January, the City Commission requested an updated report on fund Fund. That report is attached. Based on staff analysis of utility reserves, as of 12/31/01, the (Fund 401) reflects approximately 15 months of Utility operating expenses. Reduction of Fund 40. projected to free :up about $5.4 M which should stay within the Utility Fund but be allocated This would allow a reduction of the Stormwater Fee to $5.00 or $4.00 mid-year. This may be a pt depending on the furore of the swale program. Without the swale program, over the next four million in Utility related construction work. If, however, the City assumes canal maintenance, Storm Water program costs significantly. The City of Dekay Beach recently encountered canal restoration project. Also unknown is any local cost responsibility for Everglades Restoratio State and Federal mandate. Finally, any shift of water usage to the deep aquifer will require bonds have this cost fimded in the five-year plan. PROGRAM IMPACT: Careful monitoring Utility Fund Revenues/Expenses is very important authorized. FISCAL IMPACT: Short-term freeing of approximately $5.4 M for Utility Capital Projects,. to other non-utility purposes is not appropriate or recommended. However, an overall by citizens and businesses has an effect of off setting the Fire Assessment program costs even approved Commission fee reduction for that program. A reduction of each $1.00 in the for residents and businesses. ALTERNATIVES: Treat report as follow-up information report from report filed review adjustments with 2002-03 BUdget. Department Head's Signature City Manager's SABULLETIN~,FORiviS'~AGENDA ITEM REQUEST FORM.DOC Boynton Beach Utility Fund Recap As of 12/31101 Utility Pund Reserves 12/31/01 12/31/61 Balance Adjustments Total Projected 2001/02 information Source Projected Construction and Operating Costs Construction Operational Water/Sewer Revenue Fund 401 $ 25.283.726 $ $ 25.28§.726 $ 25.283.726 (2/27/02 staff rapt.) Fiscal 2001.02 $ 13.187,275 $ 23,696,378 Utility General Fund 403 $ 16.268.818 $ $ 16.268,818 $ 16.268.818 (2/27/02 staff rept.) Cagital Improvement/Expansion Fund 404 $ 15,219.482 $ $ 15,219.482 $ 15,219.482 (2/27/02 staff rel)t.) Fiscal 2002-03 $ 18.082,825 $ 24.762,715 Renewal and Replacement Fund 405 $ 11,039.371 $ $ 11,039,371 $ 11.039.371 (2/27/02 staff rept.) Fiscal 2003-04 $ 14,182,575 $ 25.877.037 Bond issue 1990 Fund 409 $ 288.390 $ $ 288.390 $ 288.390 {2/27102 st~ff rept.) Fiscal 2004-05 $ 13,156.575 $ 27,041,504 Bond Issue 1997 Fund 407 $ 8,432,769 $ $ 8,432.769 $ 8,432,769 {2/27/02 staff tel)t.) Fiscal 2005-06 $ 4,999,000 $ 28,258.372 Sub-Total - Reserves as of 12/31/01 $ $ 76.532.556 $ 76,532.556 Four Year Total $ 50.420,975 $ 105,939,628 Budget Less Amount Projected 2001/02 Important Note on Construction Cost Estimates: 2001-02 Revenues Included in 401 Amount assumes reduction of swale program Water Revenues $ 11,215.000 $ (2.803.750) $ 8,411,250 $ 8,411.250 (pg 225 Budget) down to $500K a year. Does not assume any Sewer Revenues $ 11.499,500 $ (2,874.875} $ 8.624,625 $ 8.624,625 (pg. 225 Budget) canal work, does not assume Everglades Stormwater Revenues $ 3,600.000 $ (900,000) $ 2.700.000 $ 2.700.000 (pg. 225 Budget) Restoration cost impact and does not assume Investment Earnings $ 2.000,000 $ $ 2,000,000 $ 2.000,000 (pg 225 Budget) use of deep water acluifer for water supply Contribution from Enterprise Fund $ 101.108 $ $ 101,108 $ 101.108 (Ix.]. 225 Budget) augmentation. O~erating costs include Misc Income $ 61,500 $ $ 61,50g $ 61,500 (pg 225 Budget) debt service costs. Retained Earnings APpropriated $ 323.370 $ $ 323.370 $ 323.370 (pg. 225 Budget) Sub-Total $ (6.578,625) $ 22.221.853 $ 22.221~853 Total Sources $ t6,578,625) $ 98.754,409 $ 98,754,409 Uses :' Water Production Operations $ 2.538.588 $ $ 2.538.588 $ 2,538.588 (pg 228 Budget) Water System Operations $ 3,785.941 $ $ 3,785,941 $ 3,785,941 (pg 228 Budget) WastewaterCollection $ 1.382.442 $ $ 1.382.442 $ 1,382,442 (pg 228Budget) Wastewater Pump Stations $ 1,992.003 $ $ 1,992.003 $ 1.992.003 (pg. 228 Budget) Sewage Treatment $ 1.715.000 $ $ 1.715.000 $ 1.715,000 (pg 228Budget) Water Quality $ 356.654 $ $ 356.654 $ 356,654 {pg 228 Budget) · ' Utility Construction $ 521.065 $ $ 521,065 $ 521.065 (pg. 228 Budget) Utility Administration $ 1.630.632 $ $ 1,630,632 $ 1,630.632 (pg 228 Budget) General Administrat ve Charges $ 4,009.800 $ $ 4.009.800 $ 4.009.800 .(pg 228 Budget) S[ormwater Maintenance $ 982.208 $ $ 982.208 $ 982.208 (Pg 228 Budget) Customer Relations/Collection $ 807,311 $ $ 807,311 $ 807.311 (pg. 228 Budget) Stormwater Engineering $ $ $ $ 100,000 (addl cost item) Sub-Total Operations $ 19,721,644 $ 19.821.644 Mort hs Reserve = Operat~nq Expenses/12/31/01 Fund 401 Debt Service Costs $ 3,809,734 $ $ 3.809.734 $ 3.809,734 (pg.224 Budget) 128% or 15.3Months $ 25.283.726 Depreciation, Amortization and Other $ 65.000 $ $ 65.000 $ 65.000 (pg.224 Budget) Sub-TotaIOther (non-operating) $ 3.874.734 $ $ 3.874.734 $ 3,874,734 401 Reserve for X Months Expenses Repair and Replacement Capital Repair and Replacement Projects Water $ 2.984.000 $ 2.984.000 $ 2.984,000 (pp. 230-231) Wastewater R&R Projecm $ 1,971.000 $ 1.971,000 $ 1.971,000 (PP. 230-231) "Freed from Stormwater R&R Projects $ 523.000 $ 523.000 $ 523,000 leo. 230-231) Months Reserve Fund 401 and allocated to Utility CIP" 6 $ 9.910,822 $ 15.372.904 Sub-Total R&R Proiects $ 5.478.000 $ 5.478,000 7 $ 11,562.626 $ 13.721 100 8 $ 13,214.429 $ 12.069297 Water CIP Proiects(Less R&R) $ 1.533.000 $ 2.456.000 $ 2.456.000 (Pp. 425-426) 9 $ 14.866.233 $ 10,417,493 Wastewater CIP Projects (Less R&Rt $ 1.031.275 $ 1.201.275 $ 1.201,275 (P~. 424 Budget) 10 $ 16.518.037 $ 8.765.689 Stormwater CIP Projec.~s (Less R&R) $ 6.912.000 $ 5.552,000 $ 4.052,000 (~.423 Budget) 11 $ 18.169.840 $ 7,113,886 12 $ 19~821,844 $ 5,462~082 {recommend reserveI Sub. Total CIP Projects $ 9.209,275 $ 7.709,275 IAmount "Freed" from 401 can be a/located to Stormwater ~ Total Projected Uses FY 01-02 $ 38,283,653 $ 36,883,653 ~CIP to allow reduction of Stormwater Fee from $6.00 1o $5.00 or $4. q0) Over/Under $ 60.470.756 $ 61,870,756 (Left 9/30/021 lStermwater Fee Revenue Calculator Less Bond Coverage Reouirements as Set Aside $ (25,824,473) $ [25,824,473) (~. 227 Budget) ! Fee Yearly (Savings Applied from 401 Reallocation)' [$ 6.00 $ 3,600,000 $ - Net Availabte for Future Operating and Capital Ex9enses $ 34,646,283 $ 36,046.283 ~ $ 5.00 $ 3,300,000 $ 300,000 4~02 Rate Change I (See Expense Proiection in Upper Right Portionof Sheett [ $ 4.00 $ 3,000,000 $ 600.000 4~02 Rate Chan,qe XII. - LEGAL ~ ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meetin~ Dates in to City Clerk's Office [] November20,2001 November7,2001 (5:00p.m.) [] JanuarylS, 2002 January 3, 2002 (5:00 p.m.) [] December4,2001 November21,2001 (5:00p.m.) [] FebruaryS, 2002 January l6, 2002 (5:00 p.m.) [] December l8, 2001 DecemberS, 2001 (5:00p.m.) [] February l9, 2002 February 6, 2002 (5:00 p.m.) [] January2,2002 December l9, 2001 (5:00p.m.) [] MarchS, 2002 February 20, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the March 5, 2002 City Commission Agenda under Legal, Ordinance - First Reading. This item was approved by the City Commission under Legal - Other on Febmary 19, 2002. For further details pertaining to the request, see Department of Development Memorandum No. PZ 01-274 and addendum PZ 02-015. EXPLANATION: PROJECT NAME: CODE REVIEW CDRV 01-005 Definition of Building Height AGENT: Bradley Miller, AICP OWNER: N/A LOCATION: City Wide DESCRIPTION: Request to amend code to revise the defi_n_ition of "building height" found in Land Development Regulations Chapter 1, Article II. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ' ALTERNATIVE~ff ~O/l~/A ~~ Deve~m~ni~D'[p~t"Director~...~/. J 7~.._../ ~Manager's Signature l~lanning'"and Zoning I~i~4~ ~-~,il0/Attomey / Finance / Human Resources SSPIanning~SHARED\WPXPROJECTSWirst Baptist Church of BB\CDRV 01-005LAgenda Item Request definition height code 3-5-02.dot S:~BULLETIN~ORMSXA(~ENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O1- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE II, DEFINITIONS REVISING THE DEFINITION OF "BUILDING HEIGHT" AND CREATING A DEFINITION FOR "PLACES OF ASSEMBLY"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WIIEREAS, Chapter 1, Article II, Definitions of the Land Development Regulations sets forth definitions and staff has recommended a revision to the definition of "Building Height", as well as to add a definition for "Places of Assembly"; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TI-IF, CITY OF BOYNTON BEACH, FLORIDA, TIIAT: Section 1. The foregoing whereas clauses are true and correct and are now ratffied and confirmed by the City Commission. Section 2. That Chapter 1. Article IL Definitions, is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck- through type, as follows: Chapter 1. General Provisions, Article II Definitions. BUILDING HEIGHT - The vertical distance in feet from finished grade to the highest point of the roof for flat roofs; to the deck line ~'or mansard roofs: and to the average height between eaves and the ddge of gable, hip and gambrel roofs, measured from the ~ade.k~etween-" point .,..~'"' PLACES OF ASSEMBLY - Buildings and thcilities on a lot or parcel of land specifically designed for assembly which may include churches, temples, and other places of worship; theatres, auditoriums, conference centers, clubs, lodges, and fraternal organizations. Section 2. Each and every other provision of the Land Development Regulations specifically amended, shall remain in full force and effect as originally adopted. Section 3. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 4. 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 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. FIRST READING this day of March, 2002. SECOND, FINAL READING AND PASSAGE this day of March, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner " Commissioner Clerk LDR-Places of Assembly, Building Height XII. - LEGAL ITEM B.2  CITY OF BOYNTON BEACH -¥ ~',- AGENDA ITEM REQUEST FORM '~<~0 :';'~'4/,....... ~. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] November 20, 200l NovemberT, 2001 (5:00p.m.) [] January l5, 2002 January 3, 2002 (5:00 p.m.) [] December4,2001 November21,2001 (5:00p.m.) [] February5,2002 lanuary l6, 2002 (5:00 p.m.) [] DecemberlS, 2001 DecemberS, 2001 (5:00p.m.) [] Februarylg, 2002' Februa~ 6, 2002 (5:00 p.m.) [] January2,2002 December l9, 2001 (5:00p.m.) [] MarchS, 2002 Febmary 20, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consem Agenda [] New Busmess AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the March 5, 2002 City Conm~sion Agenda under Legal, Ordinance - First Reading. This item was approved by the City Commission under Legal - Other on February 19, 2002. For further details pertaining to the request, see Department of Development Memorandum No. PZ 01-274 and addendum PZ 02-015. EXPLANATION: PROJECT NAME: CODE REVIEW CDRV 01-005 Height Exception - Church Height AGENT: Bradley Miller, AICP OWNER: N/A LOCATION: City Wide DESCRIPTION: Request to amend code to add "places ofhssembly" to the list of exceptions to the maximum building height found in Land Development Regulations Chapter 2, Section 4.F.2. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~'}/f~O~.,~.,~._) ALTERNATI~'ES: ~ N/A D eve lop~a~nt'D e~ a~'~n3~t ~)i~ector ~Manager's Signature C~ty Attorney / Finance / Human Resources Planning and Zoning~rec i~"~ ~ ' S:~Planning\SHARED\WPXPROJECTSXFirst Baptist Church of BB\CDRV 01-005XAgenda Item Request definition Assembly height code 3-54)2.dot S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O1- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 2., SECTION 4.F.2 TO ADD "PLACES OF ASSEMBLY" TO THE LIST OF HEIGHT LIMITATIONS AND EXCEPTIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHERRAS, the City Commission, upon recommendation of staff, has deemed it appropriate to amend Chapter 2, Section 4.F.2., of the Land Development Regulations to add "Places of Assembly" to the list of exceptions to the maximum building height; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF YHE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2 - Zoning. Section 4. F. 2 is hereby amended by adding language in underlined type, as follows: Water, cooling and fire towers, radio and television towers of commercial nature, church spires, places of assembly, domes, cupolas, flagpoles, electrical and mechanical support systems, parapets and similar structures, and their necessary mechanical appurtenances may be erected within a structure or on top of a structure, above the district height limitations provided herein, aider obtaining approval of the city commission based on their consideration of the standards for evaluating exceptions to district height regulations set forth in paragraph 3 below. Section 3. Each and every other provision of the Land Development Regulations 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 Boynton Beach in of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion ~hereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to codifY this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this day of March, 2002. SECOND, FINAL READING AND PASSAGE this __ day of March, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk LDR - Building Height - Places of Assembly