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Agenda 04-03-01 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLZC PARTICTpATZON AT CTI'Y OF BOYNTON BEACH COMM1'SSI'ON MEE'rZNGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the orcter of business conductec at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. Consent Agenda [terns: These are items, which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda :iterns: These are items, which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAK:lNG AT COMM:ISS:ION ME-- I zNGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings, and as such, the Commission retains the dght to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the Qty Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda :Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSZNG THE COMMZ~:JON: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off ali pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Beynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BOSTON BEACH April 3, 2001 REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Reverend Bob Hahn - First United Methodist Church C. Pledge of Allegiance to the Flag !ed by Commissioner Mike Ferguson D. IF YOU WISH TO ADDRESS THE COMMISSION: ,'~ FILL OUT THE APPROPR/ATE REQUEST FORM · I GIVE I1' TO THE crrY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED. COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS' MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMI'TED TO 3-MINUTE PRESENTATIONS I~I. ADMINISTRATIVE: None ANNOUNCEMENTS & PRESENTATIONS: A.Announcements: 1, None B. Presentations: 1. Proclamations: a. Arbor Day - April 27, 2001 b. Children's Month -April 2001 City of Boynton Beach Regular City Commission Agenda April 3, 2001 Presentation of plaque to former Mayor Pro Tem William Sherman Presentation by Palm Beach County Commissioner Mary McCarty V. CONSENT AGENDA: Mat~ers 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: Special City Commission Meeting of March 15, 2001 Agenda Preview Conference of March 15, 2001 Regular City Commission Meeting of March 20, 2001 Bids - Recommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget Extend the "TVVO (2) YEAR CONTRACT FOR AUTOMATiC TRANSMISSION PARTS AND REPAIRS'; BID #053-2516-00/CZID, to National Transmissions, Inc. with an estimated annual expenditure of $25,000 Award the "ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT" BID #038-1412-01/KR to various vendors by manufacturer with an estimated annual expenditure of $100,000 Approve the SALE OF A SURPLUS 1985 FORD/AERIAL BUCKET TRUCK on the E-BAY AU{. ~ ION WEBSITE Approve the piggyback of COLLIER COUNTY BID #99-2927 to Insituform Technologies, Inc. for "SEWER MAIN REHABILITATiON" in the amount of $14,1o8 Approve the piggyback of BROWARD COUNTY CONTRACT #N700162B2 to W..lackson and Sons for "SEWER REPAIRS AND MAINTENANCE" at a cost of $18,710 o Extend the "CO-OP LIQUID CHLORINE, CALCIUM AND SODIUM HYPOCHLORIiI=" BID #055-1411-01/KR to .lCI .lones Chemical, Inc. and Leslie's Swimming Pool Supplies, for an estimated expenditure of $110,000 City Of Boynton Beach Regular City Commission Agenda April 3, 2001 Award the "EXTERIOR PAINTING OF CITY HALL COMPLEX/GARAGE LOCATED AT 100 E. BOYNTON BEACH BLVD. AND THE PUBLIC LIBRARY LOCATED AT 208 S. SEACREST BLVD'; BID #039-2511-01/0]D, to Iron Will Painting, LLC of Venice, Florida in the amount of $22,940 (PROPO$£O R£$O£UTZON NO. R0~-$6) Award RFP #040-1510-01/C3D to Geographic Technologies Group, Inc. for the "GEOGRAPHIC INFORMATION SYSTEM IMPLEMENTATION PLAN: FISCAL YEAR: 01-02" in the amount of $284,600 plus field data collection at $18.50 per point, not to exceed $85,150, for a total of $369,750 (',°RO,°O$£D R~$O£U'r~ON NO. RO~-$~) Resolutions: Proposed Resolution No, RO1-58Re: Approving the release of a cash bond in the amount of $15,400 to the Morton Group, Inc. Proposed Resolution No. R01-59Re: Authorizing the Mayor to sign the Draft Consent Order-Boynton Beach West Water Treatment Plant- Injection Well IW-1 with the Florida Department of Environmental Protection-OGC Case No. 00-1874 Proposed Resolution No. R01-60Re: Adopting a new Interlocal Agreement with Palm Beach County for Boat Club Park improvements with a grant amount not to exceed $900,000 Proposed Resolution No. R01-61Re: Authorizing the Mayor to sign a Municipal Traffic Control .lurisdiction Agreement between the City of Boynton Beach and Dos Lagos Homeowners Association, Inc. Proposed Resolution No. RO1-62Re: Authorizing the Mayor to sign a License Agreement for a Municipal Surface Parking Lot with the Congregational United Church of Christ Proposed ResoluUon No. RO1-63Re: Contract Ratification of FOP Sergeants Ratification of Planning & Development Board Action: M & M Appliance - 915 North Federal Highway - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11.H.16.d (12), to allow nine parking spaces in lieu of the sixteen required by Code, a variance of seven spaces for a retail business in a C-4 zoning district. City of Boynton Beach Regular City Commission Agenda April 3, 2001 G. h. I. Packaging Concepts - Driveway Separation - Quantum Park Lots 47, 47B, 47C and 47D - Request relief from Chapter 2, Zoning, Section 7 - PTD, H.3, to reduce the required driveway distance separation from 150 feet as required by Code to 107 feet within a PID zoning district to allow a 43 foot reduction Packaging Concepts - Driveway Separation - Request relief from Chapter 2, Zoning, Section 7 - PID, H;3., to reduce the required driveway distance separation from 150 feet as required by Code to 145 feet within a P[D zoning district to allow a 5 foot reduction m M & M Appliance - 915 North Federal Highway =- Request for approval of a site plan modification for a 1,196 square foot addition to an existing commercial building on 0.25 acres Packaging Concepts - Quantum Park Lots 47, 47B, 47C and 47D - Request for approval of a site plan modification for a 28,000 square foot addition to an existing industrial/warehouse building located on. 3.65+ acres in Quantum Park Stonehaven Homeowners A~soeiaUon - 1600 Stonehaven Drive - Request for a master plan modification to include the closure of Stonehaven Drive, the installation of gates at project entrance and masonry wall Outpatient Clinic - 2401 S, Seacrest Boulevard - Request for approval of a site plan modification to construct a 2,900 square foot medical office building on a 0.7Z-acre lot ('rABI.~DON~4ARCH6~) Approve Change Order #8 for the:OCean Avenue Promenade Project (including Change Proposals #6, 9, 12, 18, 19, 20, 21, 23, 24 and revised Change Order #6) which represents a net reduction in project costs of $20,614.37 Approve proposed Community Reinvestment Activities in the amount of $2,200 for a flagpole at Little League Park and screening fence for outfield of Field #2 Approve the purchase of 13 data modems for Police vehicles from Motorola Corporation in the amount of $31,005 Approve tile renewal of pollution legal liability insurance with Royal Surplus Insurance Company for a three-yeer term option premium of $31,496 approval of final plat for B.ls Wholesale Club (Boynton Beach Boulevard PCD) - Location is the southwest corner of Boynton Beach Boulevard and Winchester Park Boulevard 4 City of Boynton Beach Regular City Commission Agenda April 3, 2001 CZTY MANAGER'S REPORT: 1. Report on Long-term Water Production Needs Discuss adoption of an Emergency Water Conservation Rate for all water customers of the City of Boynton Beach Utilities 3. Review Proposal for Dog Park Sites Review of Capital l~mprovement Projects Proposed to be Financed by Florida Municipal League Bond Pool Program PUBLI'C HEAR/NG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMI'TS Project: Agent: Owner: Location: Description: Boynton Commerce Center John T. Doogan Nayrot Realty, Ltd. South of Woolbright/West of Seaboard Railroad Request for abandonment of all that portion of the 65 foot ingress and egress easement lying between Parcel 3B and 3C, Beynton Commerce Center, according to the plat thereof, as recorded in Plat Book 46, Page 126 and 127 in the Public Records of Palm Beach County Proposal to amend conditions of approval for The Grand (aka Ozone/Orbit) to revise the requirement for minimum security forces for individual events FUTURE AGENDA 1'rEMS: Reconsideration of Purchase of 3.5 acre site (Commissioner Ferguson) - (Suggest Table Until May 2001) B. Process for Artwork in City - Commissioner Fisher (April 17, 2001) C. Status Report on Possible Improvements to Girl Scout Park (April 17, 2001) D. Federal Highway Corridor Plan (April 17, 2001) Acceptance of the proposal for group health insurance consulting from Group l;nsurance Solutions, Inc. (April 17, 2001) Change Order to construct 100 Block of Ocean Avenue (Seacrest to 1~ Avenue) (April 17, 2001) G. Future Annexation Areas (May 200~) City of Boynton Beach Regular City Commission Agenda April 3, 2001 Status report on new meeting schedule for advisory boards (May 2001) Application for funding from County DIP and RAP funds for a footbridge for Girl Scout Park (RAp), 17th & Seacrest Boulevard Traffic Control and Hester area traffic calming (DIP) and Seacrest Landscape Island Improvements (DIP) ]. Motions to Reconsider (Attorney Cherof) ~X. DEVELOPMENT PLANS: None X. NEW BUS~NESS: A. Request Education Advisory Board Review of School Violence Issues XI, LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 01-17 Re: Amending the Land Development Regulations, Chapter 2. Section 6 A. 1. to allow photography studio services as a permitted use in the C-1, Office and Professional Commercial zoning district Ordinances - 1~ Reading None Resolutions: None Other: Approve the Settlement from PointeBank in the amount of $8,213.58 in full settlement of two Code Enforcement Liens that were the subject of a lawsuit between Union Planters Bank vs. Alberta Bell and the City of Boynton Beach Approve the negotiated settlement in case Kerry Feihl v. City of Boynton each in the amount of $10,000 6 City of Boynton Beach Regular City Commission Agenda April 3, 2001 )CT][. UNFZNISHED BUSINESS: XI~I. OTHER: A. Informational items by members of the City Commission X.W. AD]OURNIqENT: NOTICE IF /~ PERSON DECZDES TO APPEAL ANY DECISION MAD~ BY THE CITY COMMISSION W~llq RESPECT TO ANY MATTER CONSIDERED AT THIS ME~I~NG~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURFOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERf3AT[M RD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENO-: UPON WHICH THE APPEAL IS TO BE BASED, (~.~. ~86.0105) COI~ITACT ]OYEE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTiViTY IN ORDER FOR THE C]'l~' TO REASONABLY ACCOMMODATE YOUR REQUEST. Jap AMENDED FINAL AGENDA - 03/30/2001 10:10 AM S: ~ CC \WP\CCAGENDA\AGENDAS ~YEAR 2001\040301 ~P. ST DRAFT REVZSEO.DOC ? April 3, 2001 CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA 6:30 I; OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Reverend Bob Hahn - First United Methodist Church C. Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson D. IF YOU WISH TO ADDRESS THE COMMISSION: FILL OUT THE APPROPRIATE REQUEST FORM ~ . ,I G:~/E rr TO THE CITY CLERK (ON THE DA]S) BEFORE THE "OPEN PORT~ON OF THE AGENDA HAS BEEN COMPLETED. COME TO THE PODIU INDIVIDUALS HAY SPEAK FOR THREE JTES. Il, Agenda Approval: AUDIENCE: IAL SPEAKERS Corrections i~layor V - ~ayor ADMII~ Ferguson Fisher Broening Weiland. Black Ferguson Fisher Broening Weiland be made: Board Children & Youth Advisor Children & Youth Advisor Children & Youth Advisor Children & Youth Advisor Children & Youth Advisor Children & Youth Advisor Children & Youth Advisor Children & Youth Advisor Children & Youth Advisor Length of Term Exniration Date , Bd Reg 2 yr term to 4/03 , Bd Reg 2 yr term to 4/03 , Bd Reg 2 yr term to 4/03 , Bd Reg 2 yr term to 4/03 , Bd Alt i yr term to 4/02 ~ Bcl Alt 1 yr term to 4/02 ~ Bd Stu/Reg/Voting /~ yr term to 4/02 ~ Bd Stu/Voting Iyr term to 4/02 ~ Bd Stu/Reg/NonVoting 1 yr term to 4/02 City of Boynton Beach Regular City Commission Agenda April 3, 2001 II Black III Ferguson IV Fisher Mayor Broening I: Weiland II Black II1 Ferguson Ii Weiland [! Black It! Ferguson I? Fisher III Ferguson ~/a Fisher yor Broe~ [~I ~? ~uson ~ ~ Fisher Mayor Broening Fisher layor Br°ening Weiland IIV Black Fisher I Weiland ~I Black III Ferguson /a Fisher yor Broening ~4ayor Broening I Weiland ~I Black III Ferguson IV Fisher Mayor Broening Bldg. 8d of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg, Bd of Adj & Appeals Bldg, Bcl of Adj & Appeals Cemetery Board Cemetery Board Code Compliance Board Code Compliance Board Code Compliance Board Code Compliance Board Community Board Board n Advisory Board Education Advisor Education, Board Advisory Board Library Board Ubrary Board Ubrary Board Library Board Nuisance Abatement Beard Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Plannihg & Development EM Planning & Development EM Planning & Development EM Planning & Development Bd Planning & Development Bd Recreation & Parks Board Recreation & Parks Board Re~eation & Parks Board Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board 2 Reg Reg Reg Alt Alt Reg Alt Reg Reg Alt Reg Reg Alt Alt Alt Stu Stu Reg Reg Alt AFc Reg Reg Reg AFC Reg Reg Reg AFC AFC Reg Reg Reg Reg Alt Alt 3 yr term to 4/04 3 yr term to 4/04 3 yr term to 4/04 1 yr term to 4/02 Iyr term to 4/02 3 yr term [ yr term to 4/02 L yr term to 4/02 ~t~3yr ter to ~j term te ~02 ~yr term to 4/03 2 yr term to 4/03 2 yr term to 4/03 1 yr term to 4/02 1 yr term to 4/02 1 yr term to 4/02 I yr term to 4/02 3 yr term to 4/04 3 yr term to 4/04 1 yr term to 4/02 1 yr term to 4/02 2 yr term to 4/03 2 yr term to 4/03 2 yr term to 4/03 · 1 yr term to 4/02 2 yr term to 4/03 2 yr term to 4/03 2 yr term to 4/03 ! yr term to 4/02 1 yr term to 4/02 3 yr term to 4/03 3 yr term to 4/04 3 yr term to 4/04 3 yr term to 4/04 1 yr term to 4/02 1 yr term to 4/02 City of Boynton Beach Regular City Commission Agenda April 3, 2001 IV Fisher Mayor Broening I Weiland I1 Black III Ferguson IV Fisher Mayor Broening Iii Weiland Black Mayor Broening II W. eiland ~V. ANNOUNCE Senior Advisory Board Senior Advisory Board Senior Advisory Board Senior Advisory Board Senior Advisory Board Senior Advisory Board Reg 2 yr term to 4/03 Reg 2. yr term to 4/03 Reg 2 yr term to 4/03 Reg 2 yr term to 4/03 Att i yr term to 4/02 Alt 1 yr term to ~ Employees' Pension Board Reg Firef'mJhters' Pension Board Reg Firefighters' Pension Board Reg Police Officers' Pension Bd 2 yr term to 4/03 2 yr term Presentations: -April 27, 2001 b. Children's Month - April 2001 2. Presentation of plaque to former Mayor Pro Tern William Sherman 3. Presentation by Palm Beach County Commissioner Mary McCarty CONSENT AGENDA: catters in this section of the Agenda are proposed and recommended by the City Manager for onsent Agenda" approval of the action indicated in each item, with all of the accompanying aterial to become a part of the Public Record and subject to staff comments. A. Minutes: Special City Commission Meeting of March 15, 2001 Agenda Preview Conference of March 15, 2001 Regular City Commission Meeting of March 20, 2001 3 City of Boynton Beach Regular City Commission Agenda April 3, 2001 · Bids - Recommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget Extend the "TWO (2) YEAR CONTRACT FOR AUTOMATIC TRANSMISSION PARTS AND REPAIRS'; BID #053-2516-00/C.1D, to Transmissions, Inc. with an estimated annual expenditure of 2. Award the "ANNUAL PARTS/SUPPLIES FOR LARGE MISCELLANEOUS EQUIPMENT" BID #038-141 by manufacturer with an estimated ann Approve the SALE OF A the E-BAY AUCT'[C BUCKET TRUCK on LLIER COUNTY BID for "SEVVER MAIN piggyback of to W..lackson and cost of #N700162B~ AND MAINTENANCE" at a CHLORINE, CALCIUM AND SODIUM BID #055-1411-01/KR to .1C[ .~ones Chemical, Inc. and Pool Supplies, for an estimated expenditure of 000 Award the "EXTERIOR PAINTING OF cl-rY HALL COMPLEX/GARAGE LOCATED AT 100 E. BOYNTON BEACH BLVD. AND THE PUBLIC LIBRARY LOCATED AT 208 S. SEACREST BLVD", BID #039-2511-01/C3D, to Iron Will Painting, LLC of Venice, Florida in the amount of $22,940 ('PROPOSED R£$OLI. II~'ON NO, RO1- ) Award RFP #040-1510-01/C3D to Geographic Technologies Group, Inc. for the "GEOGRAPHIC INFORMATION SYSTEM IMPLEMENTATION PLAN: FISCAL YEAR: 01-02" in the amount of $284,600 plus field data collection at $18,50 per point, not to exceed $85,150, for a total of $369,750 (PROPOSED R~$OZO'r~ON NO. RO1- ) C. Resolutions: Proposed Resolution No. R01- Re: Approving the release of a cash bond in the amount of $15,400 to the Horton Group, Inc. Proposed ResoluUon No. R01- Re: Authorizing the Mayor to sign the Draft Consent Order-Boynton Beach West Water Treatment Plant- City of Boynton Beach Regular City Commission Agenda April 3, 2001. Injection Well IW-1 with the Flodda Department of Environmental Protection-OGC Case No. 00-1874 Proposed Resolution No. ROi- Re: Adopting a new Agreement with Palm Beach County for Boat Club Park ' with a grant amount not to exceed $900,000 Interlocal Proposed Resolution No. R01- Re: a Municipal Traffic Control .lurisdiction BoYnton Beach and of Ratification of Planning 1. M Highway - Packaging Concepts- 47C and 47D H.3 aC- Park Lots 47, 47B, Zoning, Section 7 - PID, distance separation from 150 feet feet within a PTD zoning district to allow a 43 ging Concepts - Ddveway Separation - Request relief from Chapter 2, Zoning, Section 7 - PID, H.3., to reduce the required driveway distance separation from 150 feet as required by Code to 145 feet within a P[D zoning district to allow a 5 foot reduction M & M Appliance - 915 North Federal Highway - Request for approval of a site plan modification for a 1,196 square foot addition to an existing commercial building on 0.25 acres Packaging Concepts - Quantum Park Lots 47, 47B, 47C and 47D - Request for approval of a site plan modification for a 28,000 square foot addition to an existing industrial/warehouse building located on 3.65+ acres in C~uantum Park Stonehaven Homeowners Association - 1600 Stonehaven Drive - Request for a master plan modification to include the closure of Stonehaven Drive, the installation of gates at project entrance and masonry wall Approve Change Order #8 for the Ocean Avenue Promenade Project (including Change Proposals #6, 9, 12, 18, 19, 20, 21, 23, 24 and revised Change Order #6) which represents a net reduction in project costs of $20,614,37 City of Boynton Beach Regular City Commission Agenda April 3, 200~ Approve proposed Community Reinvestment Activities in the amount of $2,200 for a flagpole at Uttle League Park and screening fence for outfield of Field #2 Approve the purchase of 13 data modems for Police vehicles from Corporation in the amount of $31,005 Approve the renewal of pollution legal liability insurance with Tnsurance Company for a three-year term o .lus CITY MANAGER'S REPORT: Report on nprovement Projects Pool Program : HEARZNG: 7:00 P.M. OR.~ ; THE AGENDA PERM[I'S A. Project: Nayrot Realty, Ltd. South of Woolbdght/West of Seaboard Railroad Request for abandonment of all that portion of the 65 foot ingress and egress easement lying between Parcel 3B and 3C, Boynton Commerce Center, according to the plat thereof, as recorded in Plat Book 46, Page 126 and 127 in the Public Records of Palm Beach County Proposal to amend conditions of approval for The Grand (aka Ozone/Orbit) to revise the requirement for minimum security forces for individual events Adopt an Emergency Water Conservation Rate for all water customers of the Qty of Boynton Beach UUlities rill. FUTURE AGENDA ITEMS: A. Reconsideration of Purchase of 3.5 acre site (Commissioner Ferguson) - (Suggest Table Until May 2001) · B. Process for Artwork in City - Commissioner Fisher (April 17, 2001) City of Boynton Beach Regular City Commission Agenda April 3, 2001 F. G. H. License Agreement .for a Municipal Surface Parking Lot with the Congregational United Church of Christ (April 2001) Status Repor~ on Possible Improvements to Girl Scout Park (April 17, 2001) Federal Highway Corridor Plan (April 17, 2001) ~iJ Acceptance of the proposal for group health insurance consulting~up Insurance Solutions, Tnc. (April 17, 2001) Change Order #2_5 - Ocea~ 100 Block of Ocean Avenue (Seacrest to 1~ schedule for advisory funding from County DIP irk (RAP), :t7m 8. traffic calming (DIP) and footbridge for Girl, and Hester area~ (DIP) BUSINESS: A, Resolution of Impasse of FOP Sergeants LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. proPOsed Ordinance No. 01-17 Re: Amending the Land Development Regulations, Chapter 2. Section 6 A. 1. to allow photography studio services as a permitted use in the C-1, Office and Professional Commercial zoning district Ordinances - 1~ Reading None 7 city of Boynton Beach Regular City Commission Agenda April 3, 2001 C. Resolutions: None D. Other: Approve the Settlement from PointeBank in the amount of full settlement of two Code lawsuit between Union Planters Bank Boynton Beach 2. Approve the eac XXX. UN Feihl v. City of IER: A. Informational ;ity Commission in City of NOT[CE PERSON DEC[DES TO APPEAL ANY DEC~S[0N MADE BY ,~ c~rY COMM[SS[ON ~ RESPECT TO ANY MA"ITER CONS[DF. RED AT THIS F.sETTNGt HE/SHE WU.L NE~D A RECORD OF THE PRC)(:~[~: ~ ANDt FOR SUCH PU~, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM · 286.0105) C~NTACT ]OYCE COS'il~I.LO, (561) 742-6013 AT geAsr TWEh'TY-FOUR HOURS P~OR TO THE PRO(;.~4 OR ACTWZ'~ IN OROER FOR THE C~'Y TO REASONABLY ACCOMMODA"I~ YOUR RE(~JEST, HP :INAL DRAFT - 03/28/200' 7:23 AM : \CC\WP\CCAG EN OA\AGENOAS~YF-AR 2001 \040301 ~Rs'r OeAe'l' L-,V'L~O.OOC 8 ReqCested City Comm/ssion I Meetinq Dates [] Mardh 20, 2001 [] Apri! 3, 2001 [] ^p~i 17, 2001 [] May!l, 2001 IV-ANNOUNCEMENTS & PRESENTATIONS Item B.l.a CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR *a Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.rn.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April I8,2001 (5:00p.m.) Requested City Comm/ssion Meefin~ Dates [] May 15,200I [] June 5,2001 [] June 19, 200I [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00. p.m.) May 16, 200I (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOI 43rrENDATION: The Parks Division recommends that the City of Boynton Beach celebrate Aprd 27, 2001 as Arbor i )ay, urge all citizens, schools and organizations in the community to join together, and plant a ceremonial tree on this date. EXPL~2qATION: The observance of Arbor Day and the designation of Boynton Beach as a "Tree City USA" are recommended in the City's Comprehensive Plan. In order to receive designation as a Tree City, a city must achieve stan~a-~s set forth by tl~e National Arbor Day Foundation, one of which is to create an Arbor Day observance and proclaxfiation. This year the National Arbor Day Foundation proclaimed April 27 as Arbor Day~ PROGRAM IMPACT: The naming of the City of Boynton Beach Arbor Day will demonstrate that our city realizes the val~e and need for tree plantings and beautificatiOn in Boynton Beach. FISC I EVLPACT: There are no direct costs associated with this request. ALTEI~NATIVES: T~here are no alternative requests. 7 DepartmSnt Head s Signature - r's Signature Department Name City Attorney / F~nance / Human Resources S:~BULI ETIlq~ORMS'~AOENDA ITEM REQUEST FORM.DOC WHEREAS, in 1872 J, Steding Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska: and · WHEREAS, Arbor Day is now observed throughout the nation and the wodd; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they am planted, are a source of joy and spiritual renewal; and WHEREAS, Boynton Beach has been recognized as a Tree City USA by the National Arbor Day.~. Foundation for the 15th consecutive year and desires to continue its tree-planting ways. NOW, THEREFORE, I, Gerald Bmening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim April 27, 2001 as: ARBOR DA Y in the City of Boynton Beach. and I urge all citizens to support efforts to protect our trees and woodlands and to support our City's urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well-being of present and futura generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida to be affixed this 3r~ day of April in the Year 2001. ATTEST: (Corporate Seal) Gerald Bmening, Mayor City of Boynton Beach ~-ANNOUNCEMENTS &. PRESENTA'i~ONS WHEREAS, HeadStart is dedicated to enhancing the lives of economically challenged children and families throughout the City of Boynton Beach; and WHEREAS, high-quality, comprehensive services for economically challenged children and their families can enhance children's social competence, academic success and life prospects; and WHEREAS, HeadStart programs in Palm Beach County serve over 1,800 economically challenged children and families annually in every county in Flodda; and WHEREAS, one key component of a quality program is the level of staff training; and WHEREAS, Palm Beach County has a vision and plan for a comprehensive continuum of eady education and care services for all children; NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach do hereby proclaim the April 2001, as CHILDREN'S MONTH in the City of Boynton Beach and strongly urge all residents to join in planning, promoting and providing for comprehensive eady education and care. IN WITNESS WHEREOF, I, Gerald Broening, have set hereunto my hand and caused the Seal of the City of Boynton Beach, Flodda, to be affixed at Boynton Beach, Flodda, this.3r~ day of Apdl in the Year 2001. ATTEST: Gerald 8roening, Mayor City of Boynton Beach Intedm City Clerk (Corporate Seal) j:~hrdata\cc\wp\ccagenda~prodamations~3roc. 168 children's month (headstart).doc ~V-ANNOUNCEMENTS & PRESENTATZONS item B.2. IPrainito, Janet To: Costello, Joyce Subject: RE: Bill Sherman No, but I'll include it. Thanks, ..... Original Message ..... IFrom: Costello, Joyce Sent: Tuesday, March 20, 2001 1:09 PM To: Prainito, Janet Subject: Bill Sherman Don't remember if i told you to put on next agenda (April 3rd) Presentation of plaque to former Mayor PmTem William Sherman Thanks Joyce ITl ITl ITl Z .~.oo i-nm --'. rTl C -I 0 '~. rn C r- :~ 0 · -r ~rn-r' rr © m + :'B ~ "~ -,.I ~ ;~ ~ rn 0C 0 0 z + +i + + 0 C 0 0 < -~ 0 0 0 0 + co ~ Mack Heaw Duty Trucks Genuine Parts S&H Freightliner Truck Ford Heaw Duty Trucks Genuine Parts S&It Freightliner Sterling Heaw Duty Genuine Parts S&H Freightliner Volvo Heaw Duty Trucks Genuine Parts S&H Track Max MISCELLANEOUS GMC Heaw Dutw Trucks Genuine Parts S&H Track Max Miscellaneous Heaw duty Genuine Parts S&H Truck Max Mack Heaw Duty Trucks Genuine Parts S&H Freightliner Ford Heaw Duty Trucks Genuine Parts S&H Freighttiner Trucks Sterline Heaw Duty Trucks Genuine Parts S&H Freightliner Trucks Volvo Heaw Duty Trucks Genuine Parts S&H Truck Max Cost + 10% Primary Vender Cost + 20% Secondary Vender Cost +25% Third Vender Cost + 10% Primary Vender Cost + 20% Secondary Vender Cost + 25% Third Vender Cost + 10% Primary Vender Cost + 20% Secondary Vender Cost +25% Third vender Cost + 10% Primary Vender Cost + 20% Secondary Vender Cost + 23% Third Vendor Cost + 10% Primary Vender Cost + 20% Secondary Vender Cost + 23% Third Vender Cost + 10% Primary Vender Cost + 20% Secondary Vender Cost + 23% Third Vender Cost + 10% Primary Vender Cost + 20% Secondary Vender Cost +25% Third vender Cost + 10% Primary Vender Cost + 20% Secondary Vender Cost + 25% Third vender Cost + 10% Primary Vender Cost + 20% Secondary Vender Cost +25% Third Vender Cost + 10% Primary Vender Cost + 20% Secondary Vender Cost + 23% Third Vendor 3 S&H Sterling Heavv Duty Trucks Genuine Parts Company Freightliner S&H Volvo Heavv Duty Trucks Genuine Parts Freightliner Tracks S&H Distribution Cost + 20% Third vendor Cost + 10% Primary Vendor Cost + 15% Secondary Vendor Cost +20% Third Vendor Cost + 10% Primary Vendor Cost + 15% Secondary Vendor Cost + 20% Third Vender BRAKE SYSTEM GMC Heaw Duty Trucks Genuine Parts S&H Track Max Miscellaneous Heaw Duty Genuine Parts S&H Track Max Mack Heavv Duty Truck Genuine Parts S&H Freightliner Track Ford Heaw Duty_ Truck Genuine Parts S&H Freightliner Track Cost +10% Primary Vendor Cost + 20% Secondary Vender Cost + 23% Third vender Cost + 10% Primary Vendor Cost + 20% Secondary Vender Cost + 23% Th/rd Vender Cost + 10% Primary Vender Cost + 20% Secondary Vender Cost +25% Third Vender Cost + 10% Primary Vender Cost +20% Secondary Vender Cost + 25% Third vender Sterline Heaw Duty Trucks Genuine Parts S&H Freightliner Track Volvo Heavv Duty Trucks Genuine Parts Company S&H Track Max Cost + 10% Primary Vender Cost + 20% Secondary Vender Cost +25% Third Vender Cost + 10% Primary Vender Cost + 20% Secondary Vender Cost + 23% Third Vendor CHASSIS AND SUSPENSION GMC Heaw Duty Trucks Genuine Parts Company Cost + 10% Primary Vender S&H Cost + 20% Secondary Vender Track Max Cost + 23% Third Vendor Miscellaneous Heaw Duty_ Equipment Genuine Parts Cost + 10% Primary Vender S&H Cost + 20% Secondary Vender Track Max Cost +23% Third Vender 2 The ¢it of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Bill Akins Deputey Finance Director FROM: Dominic DeMauro, Warehouse Manager~)~ DATE: March 14, 2001 SUBJECT: Parts/Supplies for Large Trucks & Miscellaneous Equipment I have reviewed the tabulation sheet fi:om your office. The factors used were price, availability, delivery time and warehouse processing time. My recommendation is a multi award by manufacture with primary, secondary and third vendors. ENGINE PARTS GMC Heavy Duty Trucks Genuine Parts Company Freightliner Trucks S&H Miscellaneous Heavv duty eoui~ment Genuine Parts Company Freightliner Trucks S&H Mack Heaw Duty Trucks Genuine Parts Company S&H Ford Heavy Duty Trucks Genuine Par~s Company Freightliner Cost + 10% Primary Cost +15% Secondary Cost + 20% Third vendor Cost + 10% Primary Cost + 15% Secondary Cost + 20% Third vendor Cost + 10% Primat3' Cost + 20% Secondary Cost + 10% Primary vendor Cost + 15% Secondary vendor CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM V-CONSENT AGENDA ITEM B-2 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to CiW Clerk's Office Meeting Dates in to City CIerk's Office [] March20,2001 March7,2001 (5:00p.m.) [] May15,2001 May2,2001 (5:00p:n~ _~--~ [] Apffi 3, 2001 March21,200! (5:00p.m.) [] June5,2001 May l6, 2001(5:00 p...~ [] April l7, 2001 April 4, 200l (5:00p.ra.) [] JuneIg, 2001 Stme6,2001 (5:00p.m~. [] Administrative [] Development Plaus NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to award the "ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT", Bid #038-1412-01/KR, to various vendors by manufacturer,~with an estimated annual expenditure of $100,000.00; CONTRACT PERIOD: APRIL 4, 2001 TO APRIL 3, 2002 EXPLANATION: On March 1, 2001, Procurement Services received and opened seven (7) bids. The evaluating factors used in determining the recommendation were: 1) price; 2) availability; 3) delivery time; and 4) Warehouse processing time. All recommended vendors are considered to be the most responsive, responsible bidders meeting specifications. Dominic DeMauro, Warehouse Manager, concurs with this request (see attached memo). PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for various parts and supplies for the City's fleet of large trucks and miscellaneous equipment, comprised of various manufacturers. These parts/supplies are Warehouse stock/supply items to be ordered on an "AS NEEDED BASIS". FISCAL IMPACT: ALTERNATIVES: BUDGET ACCOUNT # WAREHOUSE STOCK 502-0000-141-01-00 Deputy Director of Financial Services ESTIMATED ANNUAL EXPENDITURE $100,000.00 City Manager's Signature Procurement Services Department Name City Attorney / F/mace / Human Resources cc: Dominic DeMauro, Warehouse Manager File S:~BULLETrN~ORM S~AGENDA ITEM REQUEST FORM.DOC OFINS RANC= ~r: N~onM Tr~mbs~. Inc. ~e Pl~dge Ag~, Inc. 502 N.E. 3rd S~eet P.O. Draw~ 730 ~y~n Be~, 33435-3832 33~7 561-276-5221 Wo~ Comp~s~on =cc; H~ States: FL ~Loy~'s Liabi ( icy Each A~id~t Disease - PoLi~ L~mJ~ 500,000 Disease - Each ~L~ 100~0~ Ni~aeL O~hants Exc. Jut~a D~ants Jose~ ~ See AttaCh~ · he ~last.~.ctge Agen,~', Inc. P. O. Drawer 730 De.l. ray Beach FL 33447 ~ichael Oberlander National Trans~ssions, Inc. 502 N.E. 3rd Street Boynton Beach FL 33435-3832 COVERAGES TI*IlS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO~-'-"- ONLY AND CONFERs NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CF. Ri~iCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIE$ BELOW. COMPANIES AFFORDING COVERAGE West ~=ican Insurance Co. PCCI Mutual COMPANY C D THIS I$ TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ~ FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OT;'tER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIE8 DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS. ×J ,u,o 955o42848507/02/9, mE moPmBTOrU ~C[ 35226 01/01/98 01/01/99 OFFICER8 ARE E. XCt. EL DIBEflS~ * EA EMPLOYEE DESCRIPTION OF OP8~A TIONS0-.OCA Tm,S,'VEHIC.E.~Cmt, ITEMS Certificate holder is included as additional insured as respect to Liability AUTOOHLY-~ACC3~,rr S 1000000 07/02/98 om~ TH~ ,UTO OJ, a.y: EACH/~COENr S 1000000 $1000000 100,000 500,000 100,000 CEt,( I [PICATE HOLDER City of Boynton Beach, Purchasing Department City Hall 100 Bast boynton Beach Blvd. Boynton Beach FL 33425 -031 ACORD 25-S CITYB-9 CANCELLATION ~L~chael Oberlander ©ACQRD CORPORATION 1988 Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to liability." (NOTE: .4n insurance contract or binder may be accepted a~ proof of insurance if certificate is provided upon selection of vendor.) The following is a list of t3,pes of insurance required of contractors, lessees, etc., and the limits required by the City: (NOT~: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raisa or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REOUIRED General Liability Commercial General Liability Owne~ & Conu'actor's Prot. Liquor Liability Professional Liability Employees & Officers Pollution Liability Asbestos Abatmnent Lead Paint Abatement Broad Form Vendors Premises Operations Underground F. xplosion & Collapse Products Completed Operations Contractual Independent Cunwactors --. Broad Form Proper~ Damage Fire Legal Liability Builder's Risk (Limits based on Project Cost) AutOmobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos PIP Basic Intermodal Garage Liability Any Auto Garage Keepers Liability General Aggregate Products-Comp/Op Agg. Personal & Adv. Injury Each Occurrence Fire Damage (any one fire) Med. Expense (any one person) $1,000,000.00 $ 1,000,000.00 $1,000,000.00 $ 1,000,000.00 $ 50,000.00 $ 5,000.00 Combined Single Limit Bodily injury (pet person) Bodily injury (per accident) Property Damage Trailer Interchange $1,000,000.00 to be determined to be determined to be dstennined $ $0,000.00 Auto Only, Each Aacideut Other Than Auw Only Each Acc/dent- Aggregate $1,000,000.00 $ 100,000.00 $1,000,000.00 $1,000,000.00 Exc~s Liability Umbrella Form Worker's Compensation Employer's Liability Otb ;r - As Risk identified INSI}R. ANCEAOVISORYFORM02 Each Occun~nce to be determined Aggregate to be determined Statutory Limits Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 to bedetermined Revised 06/9:/ CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with .respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-fi'ee workplace prosram shall be given preference in the award process. Established procedures for processing fie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a dmg-~ee workplace program, a business shall: 1) Publish a statement notifying employees that the uniawfid manufacture, distribution, dispensing, possession, or use ora controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees.for violations of such · prohibition. 2) Inform employees about the dangers of dru~ abuse in the workplace, the business's policy of maintaining a dmgofree workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drag abuse violations. 3) Give each employee engaged in providing the conunodities or co,~-~.-tual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction ot~ or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occuning in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation pro,ram if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section~ A~. the person authorized to sign the statement, Ily W~th the above requirements. ~ ' '~ \~endOr's Signature I' THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 17 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your Bid proposal sheet making it an official pan of your Bid response. ( ) BLACK ( ) msP ,ac ( ) WOMEN (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO v'''/ If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Ce~Xific~ion THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 16 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein Bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward ofgi~ directly or indirectly by me or any member of my firm or by an officer of the corporation. By: { NAME SIGNATURE Sworn and subscribed before me This /,~' dayof .~Z~.t~ , NOTAR'(/' PUBLIC, Stale of Florida At Large Y7 Primed Information: . NAME COMPANY "OFFICIAL NOTARY SEAL" STA/~ THIS PAGE TO BE SUBM1TI~D ALONG WITH PROPOSAL IN ORDER 15 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BID SPECIFICATIONS CONTINUED .............. If the contractor does not meet the "Down Time" requirement quoted, the City of Boynton Beach reserves the fight to have the vehicle returned to the City's facilities 24 hours aider the expiration of"Down Time". The removal of the vehicle from the contractor's facility and return to the City of Boynton Beach will be at the expense of the contractor. If this option is exercised by the City of Boynton Beach, the City of Boynton Beach's only liability shall be to pay for work already performed. ADDITIONAL COST AND ADDITIONAL "DOWN TI~" The contractor, al~er being awarded work, shall noti~ the shop supervisor within 48 hours, of any additional labor, parts cost, or "Down Time' that may be required to repair previously hidden damage. The contractor shall not perform, or bill for any additional work until they have received the shop supervisor's written prior ~fv~ ~/~ Supply miscellaneous .parts for transmissions at a percentage ~-} ~' ~J~n4' discount off of list primng. A copy of list prices to be submitted with the bid proposal for price comparison(i). . · PICK-UP AND DELI~RY OF ~fEIilCLES ~ Contractor is responsible for the safe transport of the vehicle to be repaired fi.om the City of Boynton Beach's facilities to the repair location. The contractor shall return the repaired vehicle to the City of Boynton Beach fi.om which the work was generated not more than 24 hours aider completion of same, unless directed otherwise by the shop supervisor, in writing. Equipment and vehicles being returned must be returned between the hours of 8:00 a.m. and 3:00 p.m. Monday through Friday. *-*NOTE: The shop supervisor may waive the pick-up and delivery requirements for Medium/Heavy duty vehicles on a case by case basis when it is deemed to be in the best interest of the City. THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE TWO (2~ YEAR CONTRACT FOR AUTOMATIC TRANSMISSION PARTS AND REPAIR The purpose of this bid is to secure a qualified and responsible vendor to repair malfunctioning automatic transmissions, The City fleet is diverse and the successful bidder must be able to handle all the needs of the fleet, The fleet has both front and rear wheel drive vehicles, the light duty fleet will contain GM, Ford and Chrysler units through a one ton chassis. The heavy fleet will contain units through class 8, the units in this field of the fleet will be operating Allisons automatic transmissions through HT-740 and the later models witl be electronically controlled. We understand that it is impossible to quote a major repair without the unit tom completely down, so we are requesting your bid take in the following; fiat rate hours for the job, soft parts for the job and all the necessary fluids for the job. Also required will be your shop hourly rate for these fiat rate quotes. What is the hourly rate for major repairs? Please place an (X) on the blank line next to each item ifa specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specification "Check Off" sheets with the proposal sheet in order for a bid to be considered. All contract repairs will carry a warranty for parts and labor of 12 months or 12,000 miles. REPAIR REQUIREMENTS: The contractor shall submit their quote, to include but not limited to the following repairs and repair practices, provide all materials and supplies for the following: A. Transmission Reseal B. Basic Overhaul / C. Torque Converter D. Hard Parts ~' THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE MV~l(301 STATE SPECiFICA'flON~ 'L;I-t~C K-OPF' ~mJat'~llnQ OOdCle O~lkota ~x~."~ itl ~?lv~ for ~enr, h I Init$ Only BID PROPOSAL CO~ED: Chrysler Rear Wheel Drive Units Through One Ton: . .~ Heavy Fleet Units Through Class 8, Allison Automatic's Per Hour Rate ~/{ ~. / Overhaul Kit iD0 eo Fluids Needed t2fo Flat Rate Hours Per Hour Rate Overhaul Kit Fluids Needed percentage discount offoflist p~?ing extended to the City Price list submitted Yez~ Number of Bid Proposal prices submiued ~7 Specification "check-off" sheets submitted COMPANY NAME T~i.F~PHONE NUMBER p~ NAIVIE THIS PAGE TO BE SUBMFFTED AI,ONG WITH PROPOSAL l]q ORDER 14 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOY'NTON BEACH, FLORIDA To All Bidders: The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the service in accordance with the specifications for the sum of.' TWO (2) YEAR CONTRACT FOR AUTOMTIC TRANSMISSION PARTS AND REPAIRS: GM From Wheel Drive Units: Flat Rate Hours Per Hour Rate Overhaul Kit Fluids Needed GM Rear Wheel Drive Units Through One Ton: Flat Rate Hours Per Hour Rate Overhaul Kit Fluids Needed Ford Front Wheel Drive Units: Flat Rate Hours Per Hour Rate Overhaul Kit Fluids Needed Ford Rear Wheel Drive Units Through One Ton: Flat Rate Hours "] Per Hour Rate q~5 ~'' Overhaul Kit I 0 0~° Fluids Needed [~ ~-e 61.0~' Chrysler Front Wheel Drive Units: Flat Rate Hours Per Hour Rate Overhaul Kit Fluids Needed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 13 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BIDDER ACKNOWLEDGEMENT Submit Bids To: PUKCHASING DEPARTMENT 100 E. Boymon Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone 561-375-6323 Mailing Date (City): February 5, 1998 Bid Title: TWO (2) YEAR CONTRACT FOR AUTOMATIC TRANSMISSION PARTS AND REPAIRS Bid Number: ~/041-501-98/CJ'D Bid Keceived By: TI1ME) MARCH 10, 1998, NO LATER THAN 2:00 P.M. (LOCAL Bids will be opened in the Purchasing Department unless specified otherwise bid opening scheduled for: MARCIt I0, 1998. NO LATER TITAN 2:00 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days aiter such date and time. All awards made as a result of this Bid shall conform to applicable sections of the charter and Codes of the City. Name of Vendor: ~/~'7 A Corporation of the State off Area Code: ~"~ / Tetephor/e Number: Mailing Address: City/State/Zip: Vendor Mailing Date: Authorized Signatur6 Michael A. DeChants Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 12 0,~'~',~, ~ ~ ~, ~, , * ~ ~I~0~~ ~ , ,~ ~ ,, _ i~ P~ ' ~, ,~ ~ 0 ~ Z I I I I I I l ii, I'! i'~ ' III III I ii ,ii i,, i~ , I I I I l ,,, ,,, ,,,, I I I ,I I I ' ' I * ' I I , , i:: i! ~i~ ,~ ~ ~i: i ~ ~! iii i ,,, ii ' ' I I I I '' I, ' ~ i ~ II , I , I I , , I , , I , , , I I ,, I , , , I I I Iii , , ' I I ' I ' I I , , , , I I ' I I ,,~ i!, ~,, ' ' I , I , , I I I I I ,' ,' I ill, I I I I ''' I , I , - - ' ' I I , I , , I I I , ' ' I , , , , t , ,,,:, i~i ,~ ~ ' ' I I I '' I , , I I , , I ~ ~ zoo C~" DEPARTMENT OF PUBLIC WORKS, MEMORANDUM #01'033 To.' Bill Atkins, Deputy Director of Finance Thru: Jeffrey Livergood, Director of Public Works From: Robert H. Lee, Fleet Administration Sub j: Contract Extension Date: March 5, 2001 Fleet Maintenance would like to extend for one additional year, the current "Automatic Transmission Parts & Repair Contract", bid #053-2516-00/CJD, with National Transmission. This contract supports all major and minor automatic transmission repairs. Currently with the limited space at our "Fleet Facility" we do not have space available to handle overhauls and we are not tooled to properly handle major service work. Consequently, the need to outsource selwices. We have received prompt professional service over the past three years of this bid and see no reason not to expect the same should this contract be extended for one additional year under current conditions and costs. Fleet would project an estimated expenditure for one additional year at approximately $25,000.00. These funds will be made available through Fleet account #501-2516-519.46-31. Cc: Ramon Dauta, Fleet Supervisor Edmund Brenner, Service Writer NAME OF BID: TWO (2) YEAR CONTRACT FOR AUTOMATIC TRANSMISSION PARTS AND REPAIRS BID#: 053-2516-00/CJD Agreement between the City of Boynton Beach, Owner; and NATIONAL TRANSMISSION (COmpany's Name) Contract Renewal Period: APRIL 5~ 2001 TO APRIL 4, 2002 Yes, I agree to renew the existing contract under the same Terms and Conditions, and agree to submit a Certificate of Insurance alOng with this agreement and will name the City of Boynton Beach as additional insured. No, I do not wish to renew the contract at this time. NAME OF COMPANY N~E OF REPRESENTATIVE ' (please print) DATE ~IGNATLTIRE f'b/- 7. 7- 75'51 (AREA CODE) + TELEPHONE NUMBER CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM V-CONSENT AGENDA Item B'I CiTY ~ F,~"' ~, OIHIRI6 AMS: 5 Requested City comrmssion Meefin~ Dams [] March 20,2001 [] April 3, 2001 [] Apfil17,20ffi [] May 1,2001 Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18,2001 (5:00 p.m.) Requested City Commission Mee~ne Dates [] May 15,2001 [] June 5, 2001 [] June 19,2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2. 200I (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 200I (5:00p.nt) June 20, 2001 (5:00 p;m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business , [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Annotmcement [] Presentation [] City Manager's Report RECOM3~NDATION: A motion to extend the "TWO (2) YEAR CONTRACT FOR AUTOMATIC TRANSMISSION PARTS AND REPAIRS", Bid#053-2516-00/CJD, to National Transmissions, Inc. with an estimated annual expenditure of $25,000.00. CONTRACT PERIOD: APRII~ 5, 2001 TO .aPRIL 4, 2002 BID#054-2516-01/CJD EXPLANATION: The current bid will expire on April 6, 2000. However, we have the option to renew for one additional year under the same terms, conditions, and price, providing all parties agree. National Transmissions, Inc. of Boynton Beach has agreed to this extension (copy of extensian letter attached). The service from National Transmissions, Inc. has provided prompt professional service in the past and Robert H. Lee, Fleet Administration concurs with this recommendation (see attached memo #-01-033). PROGRAM LMPACT: The purpose of this bid is to secure prices for miscellaneous parts and repairing of automatic transmissions for our Fleet Service Department. FISCAL IMPACT: BUDGET ACCOUNT#: . 501-2516-519.46.31 ESTIMATED ANNUAL EXPENDITURE: $25,000.00 ALTERNATIVES: Dp~ty ]~'irector of Financial Services ' ' City Manager's Sigaature Procurement Services Department Name City Attorney / Finance / Human Resources S:XBULLETINZFO RMS~AGENDA ITEM PdEQUEST FORM.DOC C: Robert H. Lee- Fleet AdministraQon File Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 C. Resolutions - None D. Other- None Xll. UNFINISHED BUSINESS: Xlll. OTHER: A. Informational Items by members of the City Commission COmmissioner Fisher on behalf of himself and his family thanked the residents, staff arid the Commission for the compassion and understanding due to his father's passing away. Vibe Mayor Weiland thanked City Clerk Sue Kruse for her dedication to the City of B6ynton Beach for over 20 years and wished her well in her retirement. ViCe Mayor Weiland thanked all his constituents and the people of Boynton Beach for their support during his campaign. He further stated that single member districts will work. Cbmmissioner Black thanked City Clerk Sue Kruse and her office for all their work and kqowledge. He acknowledged the assistance that she has provided to everyone who has ever run for political office and that everyone owes her a debt of gratitude-she will be missed. XlV. ADJOURNMENT: T lere being no further business, the meeting properly adjourned at 8 15 .p m. CITY OF BOYNTON BEACH Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: ciity Clerk I~ecording Secretary (tWo tapes) 16 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 A. Report on Palm Beach County Days - Commissioner Fisher Commissioner Fisher reported on his attendance at Palm Beach County Days in Tallahassee. Commissioner Fisher said he met with several Senators and Representatives. Expansion of the Senior Center was brought up. While meeting with Senator Debbie Sanderson, he discussed the Schoolhouse Museum. Senator Sanderson is planning to introduce legislation to create a pool of money for interactive museums, which the City could apply for through the grant process, so that future funding may be possible. Commissioner Fisher also commented on the good job that the City lobbyists are doing in making sure that people know about Boynton Beach. Commissioner Fisher felt that the tdp was worthwhile. Xl. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 01-'15 Re: Amending Chapter 18, Article III, Pensions for Police Officers, Section 18.166 allowing the fund to invest up to 10% in foreign stocks at c°st Attorney Cherof read Proposed Ordinance No. 01-15 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 01-15. Commissioner Black seconded the motion. City Clerk KruSe polled the. vote. The vote was unanimous, Proposed Ordinance No. 01-16 Re: Amending Land Development Regulations as follows: Chapter 2 Zoning, Section 6. Commercial Distdct Regulations and Use Provisions; creating a new Section 17 entitled "Sidewalk Cafes" Attorney Cherof read proposed Ordinance No. 01-16 by title only. Motion Commissioner Black moved to approve Proposed Ordinance No. 01-16. Commissioner Ferguson seconded the motion. City Clerk Kruse polled the vote. The vote was unanimous. B. Ordinances - 1st Reading - None 15 Meeting Minutes Regular City Commission Boynton Beach, FL Motion March 20, 2001 Commissioner Fisher moved for approval of Item VII.A. Commissioner Ferguson and unanimously carried. Motion seconded by VIII. FUTURE AGENDA ITEMS: Reconsideration of Purchase of 3.5 acre site (Commissioner Ferguson) - (Apdt 3, 2001) B. Process for Artwork in City - Commissioner Fisher (April 3, 2001 ) C. Review Proposal for Dog Park Sites - Commissioner Black (April 3, 2001) D. Conditional Use Approval for Orbit (April 3, 2001) E. New Listing of Board Appointments Effective April 1, 2001 (April 3, 2001) F. Geographic Information System Implementation Plan Fiscal Year 2000/2001 (Apdl 3, 2001) G. License Agreement for a Municipal Surface Parking Lot with Congregational United Church of Chdst (April 2001 ) the H. Future Annexation Areas (Apdl 2001) Status report on new meeting schedule for advisory boards (May 2001 ) Review long-term water' production needs of City (April 3, 2001 ) Status Report on Possible improvements to Gid Scout Park (April 17, 2001) Commission Reports on Proposed Community Investment Fund Expenditures (Apdl 3, 2001) Application for funding from County DIP and RAP funds for a footbridge for Gid Scout Park (RAP), 17th & Seacrest Boulevard Traffic Control and Hester area traffic calming (DIP) and Seacrest Landscape Island Improvements (DIP) DEVELOPMENT PLANS: None X. NEW BUSINESS: 14 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 Mr. Bressner suggested that staff first make a presentation of their analysis and the Commission could then determine if there are any deficiencies in the report before looking to a consultant. Mr. Bressner stated he was not aware of any deficiencies in staff's report. Commissioner Fisher stated he would like to have a second opinion. Mr. Bressner requested that this should be placed on the agenda to have staff make a presentation and if after the presentation it is felt that there is a need for an outside consultant, we could proceed in that direction. Commissioner Fisher agreed to this procedure. Mr. Bressner asked Mr. Greene, Director of Development if this could be done at the April 17th meeting. Commissioner Fisher would like to know when the market could be considered saturated and its tong-term effects of so many apartments. Mr. Greene asked if this could be scheduled for the timt meeting in May. Commissioner Fisher requested that staff fast track this so that it could, be done in April. Mr. Bressner suggested that a special workshop meeting could be held for this purpose, which could be targeted towards the end of Apdl and could include the CRA. Mr. Greene stated he would follow through on this request. Also, Mr. Bressner suggested that the Planning and Development Board be included at the workshop meeting. V. F. Approve the petition by Gerardo Pulido for a Certificate of Public Convenience and Necessity Vice Mayor Weiland had concems about a limousine service operating out of their residence and asked if there was anything that would limit the number of vehicles that could be parked on the property. Mr. Greene replied that the applicant has one vehicle. Commissioner Weiland inquired if there was any language that would prohibit the number of vehicles. Mr. Greene said he was not aware of any specific language that would limit the number of vehicles, b_ut the home occupation application is limited to one vehicle. Motion CommisSioner Black moved to approve Item V.F. Motion seconded by Vice Mayor Weiland and unanimously carried. VI. CITY MANAGER'S REPORT: None VII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Photography Studios in C-1 Zoning District - 3452 West Boynton Beach Boulevard - Request to allow photography studios as permitted uses in the C-1 Zoning 13 Meeting Minutes Regular City Commission Boynton Beach, FI. March 20, 2001 amenable to a full hedge, which could run along the full expanse of the fence to deflect any lighting from the parking area. MOtion Commissioner Black moyed to approve Item D.3 with two conditions: (1) the applicant post a letter of credit for $250,000 based upon the appraised value of the Zill property at $98,700 per acre that the City could use at its discretion and the applicant will allow the City access to the 25' buffer for a future bike trail. Ms. Miskel stated this was acceptable. COmmissioner Ferguson seconded the motion. Vice Mayor Weiland noted that he has received several phone calls regarding apartments in the City, especially since there is a water shortage. Vice Mayor Weiland asked Attorney Cherof if the City could declare a moratorium on rental apartment buildings. Attorney Cherof stated the Commission does have the power to impose moratoriums. However, that can represent a temporary taking of properb.v for which the Ciity would have to pay the property owner. Attorney Cherof stated before moving on this, the issue needs to be studied. Commissioner Fisher would like to send a message out to future developers that the City will be looking at a moratorium for six months and in the meantime direct staff to do ai comprehensive study of the impact that the current apartments have upon the City. Attorney Cherof stated this was possible. However, anyone coming in for a development permit in the meantime, and before it is formalized, that project could move forward. Mayor Broening wanted people to know that the City, although there is a draught, can p~'ovide water and is making planS to expand the west plant to provide additional water. Mayor Broening stated that there is no reason for any public concern at this point b~cause these issues are being addressed. CommiSsioner Ferguson noted that this is on the agenda for the next Commission meeting. ,~ttomey Cherof requested Commissioner Black amend his motion to include a time p~edod for the letter of credit so that the developer would have a timetable to accomplish the real estate transaction. If it cannot be accomplished within that time pedod, the City Would have the cash. Ms. Miskel agreed to 60 days. Commissioner Black amended his mot!on to include that the letter of credit would include a 60-day time period. Commissioner Ferguson seconded the amended motion. Motion carried 4-1 (Commissioner Fisher dissenting). Commissioner Fisher inquired if staff could determine what the cost would be for an dutside consultant to work with staff to perform a true analysis on the apartment issue? 12 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 Bressner presented a photo of the Villa Del Sol property and its relationship to the Zill property. Mr. Bressner stated that a possible joint venture between the City and the developer has been discussed for a joint acquisition for the Zill property. The property is located on the west side of the railroad tracks and consists of 4.96 acres. The applicant would have to purchase 2.34 acres for dedication purposes. Mr. Bressner noted he is cognizant of the fact that recreational activities are also needed on the east side of the railroad. He would like to discuss with the developer the possibility of having a bikeway or trail access along the western boundary of their property, which should not adversely affect their site plan and would allow the corridor to be established. Commissioner Fisher asked if there is a time limit for the negotiations to purchase the Zill property? Ms. Miskel said they are running out of time particularly with regard to financing due to buyer-seller negotiations. Ms. Miskel was of the opinion that they could come to some kind of resolution with the City that would be acceptable to all parties. Ms. Miskel stated that the project has a 25' buffer running along the west side and as long as there would be a way to work the path into the buffer, they would have no objections to a bike path or trail. Ms. Miskel stated because of time, she would like to be able to proceed with a favorable recommendation and they would work with staff to provide acceptable dedicated land or the fee in lieu of land. If neither were agreeable, they would come back to the Commission for another option. Commissioner Fisher stated he feels that there are too many apartments in the wings and he has concerns about this. He would be flexible though if the City could get the requested greenspace. Mr. Bressner asked Mr. Wildner if the applicant has satisfied the land dedication element. Mr. Wildner replied that since the P&D meeting, he was faxed additional information that when incorporated into the overall project he would be able to recommend the ~ credit. Mr. Wildner stated he was comfortable with what he was faxed, but would like to see it in a larger plan. Mr. Wildner pointed out that the amenities included a swimming pool, clubhouse, tot lot, family barbecue area, and a landscaped quiet area. The applicant is required to furnish five amenities. Vice Mayor Weiland stated he had concerns about the buffer area in order to protect the reSidents of Los Mangos: Mr. Richard Jones, the architect for the project, noted with regard to the north and south setbacks, .they have gone beyond what is required by Code and have provided between 45 to 75 foot setbacks to provide more buffer. Mr. Jones stated there is a great deal of vegetation between the property lines and the parking spaces. Vice Mayor Weiland also had concerns about car lights shining into the homes of Los Mangos. Ms. Miskel stated that they intended to place a vinyl fence, but would be 11 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 place a strain on the City's water sources. Mr. Suss said new apartments mean added costs for police and fire protection and he was against this project. Mr. Bob Ensler said there is a need for more greenways in the City. Mr. Ensler said he had written a letter to the Commission on this matter and the Greenways Project Team has requested that a piece of the property that runs along the reilroad be added to the greenways belt, which he supports. Mr. Ensler stated that the project should be moved further away from the trecks for the comfort of the tenants. Mr. Mike Fitzpatrick gave a brief history of the site and said the last thing that transpired was a request for rezoning to high density residential. Mr. Fitzpatrick said if th!is connection were removed, there would be no opportunity for a loop for bikeways between Gulfstream Boulevard and Golf Road. Mr. Fitzpatrick noted that the City could obtain this land through the City's Ordinance for impact fees and the five acres would not be of any cost to the City. Mr: Fitzpatrick noted tha~ the applicant is proposing to build medium density housing, but in reality is cramming everything together. He questioned why the applicant didn't build the apartments with more stories. If the buildings were higher, there would be room for greenways. Mr. Fitzpatrick requested that the Commission take the land in lieu of any fees. Mr. Mike Friedland, 330 NE 26th Avenue, Boynton Beach congratulated the newly elected officials. Mr. Friedland pointed out that the Villa Del Sol project fits in with the City's Comprehensive Plan. Mr. Friedland did not think that any money has been set aside for greenways and noted that the Planning and Development Board passed the item on a 3-1 vote. He pointed out that the land has been empty for a long time and would be suitable for the proposed apartments. Mr. Friedla~,d noted that staff recommended approval of the project and the applicant agreed to ail staff conditions. Mr. Friedland also explained that Mr. John Wildner, the City's Parks Director, worked out the details for the recreation dedication fee with the applicant at the P&D hearing. Further, Mr. Friedland stated that more taxes are brought in on apartment buildings than any other type of tax structure. Mr. Friedland would like the Commission to approve the item. Commissioner Black asked the applicant if they objected to purchasing land somewhere else in the City in order to satisfy their recreation dedication requirements? Ms. Bonnie Miskel, Attorney for the petitioner, stated they are in the process of negotiating with the Zill family. They have provided her with a legal description of the portion of their property that they would be interested in selling to them. Ms. Miskel stated they are anxious to purchase this property, which would be 2.3 acres as required. Commissioner Black inquired if Mr. Zill did not wish to sell the property, is there a dollar amount based on acreage that would satisfy this requirement? Ms. Miskel stated that this would be permissible and they are willing to comply with either requirement. Mr. 10 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 m[~lti-family zoning district for a duplex building, or a 15.24 foot setback. Motion seconded by Commissioner Fisher. Mayor Broening asked Mr. Rumpf, Director of Planing and Zoning, if there were other houses in the area that were non-conforming? Mr. Rumpf stated there are several older structures that are non-conforming that have ancillary buildings placed close to the property lines. Vice Mayor Weiland said that just because most of these non- conforming structures have been there for many years does not mean that someone today should be allowed to place a non-conforming structure on the property. Mr, Rumpf reported that he walked the site to determine if an alternative design would be suitable. Mr. Rumpf noted from staff's report that the main structure does conform to code and the only thing that is non-conforming is the second floor decking. Commissioner Fisher inquired if the variance would impact any of the neighbors and Mr. Rumpf replied it Would not. Mr. Rumpf further pointed out that the zoning would permit a higner building to be constructed. Vice Mayor Weiland requested that if the Commission approves the variance he would like the statements included in the back-up material to be included, which state that the applicant cannot close in the deck either on the bottom floor or top floor in the future. Mayor Broening called for a vote on the motion. Motion denied 1-4 (Mayor Broening, Commissioner Ferguson, Black and Fisher dissenting). Vice Mayor Weiland requested that the wording of any new motion include his statement about not enclosing either the bottom or top floor in the future. Mr. Rumpf pointed out that this is already included in the conditions of approval. Motion Commissioner Ferguson moved to approve the request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning Section 5.G.2.b to allow a 9.76 foot reduction from the 25' rear yard setback required within the R-3 multi- family zoning district-for a duplex building, or a 15.24 foot setback, subject to all staff comments. Motion seconded by Commissioner Fisher and unanimously carded. Villa Del Sol - Northwest corner of Old Dixie Highway and US #1 (Federal Highway) - Request for new site plan approval to construct a 312 unit mUlti-family apartment complex on 15.607 acres Mayor Broening stated that public audience would be heard first. Mr. Herb Sues said he wOuld like a moratorium on the building of any more apartments in the City. Mr. Sues felt becauSe of the water shortage, any new apartments would 9 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 Removed for clarification at the request of Vice Mayor Weiland. Ga Approve the purchase of 17 desktOp computers from Southern Computer Supplies in the amount of $20,544.50 Approve purchase of nine in-car 8mm video camera systems from Decatur Electronics, Inc. in the amount of $35,595 Mbtion cbmmissioner Ferguson moved to approve the Consent Agenda, as amended. seconded by Commissioner Black and unanimously carded. Motion CONSENT AGENDA ITEMS REMOVED FOR DISCUSSION C.3. Proposed Resolution No. R01-55 Re: Ratifying the collective bargaining agreement with Lieutenants FOP L Chris Yannuzzi from the City's Police Department addressed the Commissioners apd stated that he represents the FOP Lieutenants Bargaining Unit and congratulated tl~e newly elected officialS. He thanked the City Attorney and City Manager in their efforts to get the cOllective bargaining agreement issues cladfied and having it placed o~ tonight's agenda for ratification. Motion Cpmmissioner Fisher moved to approve Resolution No. R01-55. C~ommissioner Ferguson and unanimously carried. Motion seconded by Rowe - 647 & 649 Lake Street - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning Section 5.G.2.b to allow a 9.76 foot reduction from the 25' rear yard setback required within the R-3 multi-family zoning district for a duplex building, or a 15.24 foot setback Vice Mayor Weiland noted that after reading the back up on this item, the applicant has not presented a valid hardship, which is one of the reasons for granting a variance. V!ce Mayor Weiland felt that the design of the overlooking deck could be changed so tl~at a vadance would not be required. Vice Mayor Weiland requested that the applicants respond, but they were not present. Motion Nice Weiland moved to deny the variance for Rowe at 647 and 649 Lake Street Mayor to allow a 9.76 foot reduction from the 25' rear yard setback required within the R-3 8 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 Proposed Resolution N o. R01-53 Re: Authorizing the Mayor to sig~ the Amendment to Financial Assistance Agreement dated April 15. 1997 for Gateway BoulevarC from Seacrest Boulevard to the FEC Railroad Proposed Resolution No. R01-54 Re: Approval to enter into an Interlocal Agreement with the Tri-County Commuter Rail Authority for uniform response to incidents involving Tri-Rail trains and for the exchange of information between the Rail Authority and law enfomement agencies Proposed Resolution No. R0'1-55 Re: Ratifying the collective bargaining agreement with Lieutenants FOP Removed for discussion at the request of Mayor Broening. D. Ratification of Planning & Development Board Action: Outpatient Clinic - 2401 S. Seacrest Boulevard - Request for approval of a site plan modification to construct a 2,900 square foot medical office building on a 0.72-acre lot (TABLED ON MARCH Rowe - 647 & 649 Lake Street - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning Section 5.G.2.b to allow a 9.76 foot reduction from the 25' rear yard setback required within the R-3 multi-family zoning district for a duplex building, bra 15.24 foot setback Removed for discussion at the request of Vice Mayor Weiland. Villa Del Sol - Northwest corner of Old Dixie Highway and US #1 (Federal Highway) Request for new site plan approval to construct a 312 unit multi-family apartment complex on 15.607 acres Removed for discussion at the request of Vice Mayor Weiiand. Approve expenditure in cooperation with Palm Beach County to install illuminated street signs at six intersections along Congress Avenue within the City limits F. Approve the petition by Gerardo Pulido for a Certificate of Public Convenience and Necessity 7 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 to Mayor Bmening. The City also received a Community Service Award for the Links at Boynton Beach. The award was presented to Joe SciOrtino and Dan Hager: V. CONSENT AGENDA: A. Minutes: 2. 3. 4. Special City Commission Meeting of February 16, 2001 Agenda Preview Conference of February 16, 2001 Agenda Preview Conference of March 1, 2001 Regular City Commission Meeting of March 6. 2001 Bids - Recommend Approval - All expenditures are approved in the 2000- 2001 Adopted Budget Award the "CONVERSION OF A 2000 DIESEL FORD EXCURSION SPORTS UTILITY VEHICLE TO AN INCIDENT COMMAND VEHICLE FOR THE FIRE DEPARTMENT", BID #035- 2210-01/CJD to Transmed Industries, Inc. of McDonough, GA in the amount of $18,790 Award "ANNUAL CONTRACT FOR HARDWARE SUPPLIES" BID #034-1412-01/CJD to vadous vendors as per staff's recommendation with an annual estimated expenditure of $60,000 Approve the purchase of a Tape Backup System for the Windows NT Servers from Compaq Computer Inc. through the Florida State Contract #250-040-99-1 in the amount of $13,750 from ITS Account 001-1510-513-64-15 Approve the second phase of the purchase and installation of fiber optic data and voice transmission lines from Precision Contracting Services, Inc. in the amount of $46,803.11 utilizing Flodda SNAPS Agreement #7302340-1 Approve the PURCHASE OF SCANNING EQUIPMENT AND TRAINING IN USE OF THE LASERFICHE" from R&S Integrated Products for the Department of Financial Services in the amount of $11,443 utilizing FIodda SNAPS Agreement ¢Y2502011-1 Approve the piggyback of the City of Lake Worth, Contract #99-480 to Select Contracting Inc. for the "PURCHASE OF TWO PRE- ENGINEERED METAL STORAGE BUILDINGS" at a cost of $168.708 (PROPOSED RESOLUTION NO. R01-52 ) C. Resolutions: 6 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 Fixed assets increased by $13,290 000. Total fixed assets are at $166,781,000, which includes not only the fixed assets in the general revenue fund, but also the proprietary funds. The major ~ncreases were in Sanitation Department and the Water and Sewer Department. There was a reduction in bonds payable by $3.022,000, which went down primarily due to refinancing and the City making an advance payment. Next rewewed were the revenues and transfers in for all governmental funds on a per capita basis. These revenues over the past five years have had positive increases. Mr. Vodenicker next went over the expenditures and transfers out for all governmental funds on a per capita basis. Mr. Vodenicker reviewed the financial results of the water and sewer fun. Debt coverage is 4.47 times coverage, which is very good. He noted that a service area was sold to Palm Beach County for $1.1 million and there was an increase in the fund's equity position in its joint venture with the Wastewater Treatment Plant. The Sanitation Fund has had significant net losses the past few years and this has resulted in a reduction in retained earnings. The retained earnings balance is down to $656,000. Mr. Vodenicker made some recommendations on how to increase revenues and reduce costs for this fund, because if some measures were not taken, the retained earnings would be depleted. Last reviewed was the City's liquidity and the three funds of the City; fiduciary funds, proprietary funds and governmental funds. The City has been experiencing very strong increases in fiduciary funds. In conclusion, Mr. Vodenicker stated the City is in strong financial condition, but needs to work on the Sanitation Fund. Mr. Vodenicker thanked Diane Reese, Finance Director and her staff for doing a great job in assisting with the audit. Motion Commissioner Black moved to accept the Annual Financial Report for Fiscal Year ending September 30, 2000. Motion seconded by Commissioner Ferguson and unanimously carried. o Presentation of the Safety Council of Palm Beach County Award of Merit for Worker Safety to Mayor Gerald Broening - Presentation by Chuck Magazine, Risk Manager Mr. Magazine stated that recently the Safety Council of Palm Beach County held their fourth annual Safety Awards Luncheon and the City of Boynton Beach received two awards, one being an award for merit for worker safety for the entire City. Mr. Magazine pointed out that Mayor Broening regularly attends the award ceremonies on behalf of the City and is the only Mayor who does so. Chairman Magazine presented the award 5 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 IlL ADMINISTRATIVE: None IV. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: None B. Presentations: Accept Annual Financial Report for Fiscal Year Ending September 30, 2000 - Presented by Ernst & Young Mir. John Vodenicker from Ernst and Young stated he was present tonight to present the armual financial report for the year ending September 30, 2000. He asked the C0mm~sslon to refer to their packets which contained two booklets, the Comprehensive Ahnual Financial Report and the Overview of 2000 Financial Statements, Trends and A~alysis. Fiirst referenced was the Comprehensive Annual Financial Report. Mr. Vodenicker r~ferred to the Auditor's Report and read the final paragraph in their Report into the record. The following items were addressed: v~l There were no non-compliance issues with the Federal programs. · /I With regard to internal controls, there were no reportable conditions or material I i weaknesses. v~ There were no non-compliance issues with the State programs. Staff was very cooperative. ,2 Total revenues were budgeted at $34,336,000 and the City collected $36,593,000, ,I which means the City collected $2.2 million more than budgeted. ~ With regard to expenditures, $37,548,000 was appropriated and $35,692,000 was actually expended. Therefore $1.855 million was saved. $910,000 was apprepdated more than was anticipated in revenues. v~ The City ended up with a negative $1,054,000 where expenditures exceeded revenues. This is principally due to the operating transfer and out. The City did an additional transfer and out this year of $4.3 million. ~ The City ended the year with $10,898,000 in fund balance. v~ Last year's fund balance was $11,871,000. v~ The Unreserved fund balance was reduced from 8.8% to 7.3%. Mr. Vodenicker next referred to the Overview report. ,/ The City's pension and trust funds increased by $11,255,000 due to the increase in interest, investment earnings and contributions. 4 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2001 produce 8.8 million gallons. Also, 9 of the 22 east wells have been closed down and feels that there may be some salt water intrusion in the east wells. Mr. Ensler requested that the City undertake an immediate study of salt water intrusion into the City's water and its effect on the eastern wells. He also requested that when projects come to the Planning & Development Board the staff reports contain a comment of the effect the project would have upon the City's water supply. Thirdly, Mr. Ensler would like a study on how the effluent water could be used to help out the communities that currently utilize effluent water. If the draught continues, he would like to see a deferral of new plantings by the City. Mr. Mike Fitzpatrick, 101 SW 4th Avenue, Boynton Beach congratulated Mayor Broening and Vice Mayor Weiland on their re-election to office. Mr. Fitzpatrick thanked them for their work on behalf of the City such as setting a realistic stormwater policy and creating an independent CRA. However, he felt he had to support their opponents because he was of the opinion that these candidates failed to uphold Article V., Section 3.2.C of the Land Development Regulations of the City, which he read into the record and pertained to dedication of recreational lands. Mr. Fitzpatrick said that there has been no new recreational land added to the City for parks. He pointed out that the Royal Palm Clubhouse has been torn down and has not been replaced. Also, in Quantum Industrial Park, the bulldozing of the globally imperiled sand pine ecosystem has taken place. Mr. Fitzpatrick is advocating a change in the method of collecting impact fees and that all future impact fees be dedicated by land. Herb Sues, 1711 Wood Fern Drive, Boynton Beach congratulated the candidates. He pointed out that in District III, 23% of the voters turned out and there is a cloud in this District due to the possibility of dual voter registrations. Mr. Suss suggested that the City Charter be changed to hold elections in May or November. He also advocated holding a recount since there were approximately 31 undervotes. Mr. Suss further felt there was a conflict of interest to have the City Commission act as the canvassing board and the City should have an independent canvassing board. Mr. David Katz, 742 NW 11 Street, Boynton Beach congratulated the newly re-elected officials. Mr. Katz felt the City has shed the image of electing political pewerbrokers. The election resulted in staff being able to continue to do their jobs without fear of reprisal. Mr. Katz pointed out the respect that Mayor Broening has shown to everyone who has come before the Commission to speak. Mr. Katz gave kudos to all three candidates on their hard work and the quality of their campaign ethics. Me. Dee Zibelli, 440 Ocean Parkway, Boynton Beach noted that the quality of the microphones was improved tonight and she had planned to speak on the City getting a new system so that everyone could be heard. Meeting Minutes Regular City Commission Boynton Beach, FL · SELECTION OF VICE MAYOR March 20, 2001 Motion Commissioner Ferguson nominated Ronald Weiland to the Office of Vice Mayor. Motion seconded by Commissioner Fisher and unanimously carried. D. IF YOU WISH TO ADDRESS THE COMMISSION: FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT 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 E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion COmmissioner Black moved to approve the seconded the motion that carded unanimously. agenda. Commissioner Ferguson PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (Yellow Card) Ms. Patti Hammer, 52 Stafford Lane, Boynton Beach stated she was recommending Janet Prainito to the position of City Clerk. Ms. Prainito has been employed by the City since 1991 and is a certified City Clerk. Ms. Hammer stated that Ms. Prainito is an asset to the City. Ms. Hammer said that she campaigned for one of the City candidates and there are ~any citizens on whose behalf she is speaking, not herself, and they are distressed that City Commissioner placed signs on property without a permit. This is a violation of t~e election laws and they feel that this Commissioner should be censured or the ommission should ask for his resignation. Mr. Bob Ensler, 26 Woods Lane, Boynton Beach congratulated P, on Weiland on his c~mpaign for office. Mr. Ensler requested that the Commission look at the issues of salt Water intrusion and the potential problems that could arise. Mr. Ensler stated that the City needs 13 million gallons of water each day and the west wells today can only V-CONSENT AGENDA ITEM A-3 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 20, 2001 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor Bruce Black, Commissioner Mike Ferguson, Commissioner Chadie Fisher, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Sue Kmse, City Clerk A. Call to Order- Mayor Gerald Broening B. Invocation - Ms. Jeannette Taylor - Community Deliverance Chumh C. Pledge of Allegiance to the Flag led by Commissioner Bruce Black Mayor Broening called the meeting to order at 6:30 p.m. Ms. Jeannette Taylor gave the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Bruce Black. · SWEARING IN OF NEWLY-ELECTED OFFICIALS City Clerk Sue Kruse swore in the newly-elected officials, Gerald Broening, Mayor; Ronald Weiland, Commissioner District I; and Mike Ferguson, Commissioner District Ill. City Clerk Sue Kruse next administered the oath of office to Gerald Broening, Mayor;, Ron Weiland, Commissioner District I; and Mike Ferguson, Commissioner Distdct Ill. · PRESENTATION OF PLAQUES FOR MAYOR AND CITY COMMISSIONERS City Manager Kurt Bressner presented plaques of appreciation to the following officials: Mayor Gerald Broening, Commissioner Bruce Black and Commissioner Charlie Fisher. City Clerk Sue Kruse presented plaques of appreciation to the following officials: Commissioner Ron Weiland and Commissioner Mike Ferguson. Mayor Broening announced that City Clerk Sue Kruse would be retiring on Friday, March 23, 2001 and tonight would be her last City Commission meeting and she will be sorely missed. MEt:i.tNG M'rNUTES SPECIAL CZI"Y COMMZSSTON BOYNTON BEACHf FLORIDA ~ ~.:-- MARCH .15,. 200'1 C:PrY OF BOYNTON BEACH Mayor Vice Mayor Commissioner Commissioner Commissioner Ai I ~S'I': City Clerk TOne Tape) 2 V-CONSENT AGENDA MINUTES OF THE AGENDA PREVIEW CONFEREI ZTEM A. 2 HELD TN COMM:ZSSION CHAMBERS`' CTTY HALL`' BOYNTON E ~--- ON THURSDAY, MARCH 15,, 2001 AT 5:00 P.k.. ~? - . . PRESENT Gerald Broening, Mayor P, onald Weiland, Vice Mayor Bruce Black, Commissioner Mike Ferguson, Commissioner Charlie Fisher, Commissioner Kurt Bressner, City Manager .lames Cherof, City Attorney Sue Kruse, City Clerk CALL TO ORDER The agenda review began at 5:3.4 p.m. Mayor Broening made the following typographical corrections to the draft agenda: [tern V-D.! on Page 3 was table~ on March 6u' [rem V[[-A should read Photography Studios in C-1 Zoning District Deputy City Clerk 3anet Prainito advised that Item XZ-B.I (Recreation Ordinance) would be removed and placed on the April 3m agenda. City Attorney Cherof reported that New Business Item X-A- ResoluUon of Impasse of FOP Sergeants would not occur until April 3m. With regard to [tern VIII-H, Future Annexation Areas, City Manager Bressner reported that the Palm Beach t4unicipal League met and nothing came of the recommendations of the. Ad Hoc Advisory Committee. Mr. Bressner will circulate the report to the City Commission. Commissioner Fisher requested the addiUon of a five-minute explanation of Palm Beach County Days in Tallahassee that was added as Item X-A. Vice Flayor Weiland requested the addition of a Future Agenda Item regarding the expenditure of Community Activity Grants on a new flagpole for Little League Park and the screening for the outfield fence at Field #2 of UtUe League Park. Vice Hayor Weiland would like these items included on the April 3~ agenda. Hayor Broening advised that he would be considering trees for the outfield at Little League Park on an upcoming agenda after staff has had an opportunity to investigate this issue. There being no further business to come before the Commission, the meeting properly adjourned at 5:24 p.m. v-CONSENT AGENDA MINUTES OF THE SPECZAL CTrY COMMISSION M ]~TEM A. 1 HELD~ _N_COMMISSION CHAMBERS~ ClTY HALL~ BOYNTON -- -. ON THURSDAY, MARCH 15, 2001 AT S:00 PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor Bruce Black, Commissioner Mike Ferguson, Commissioner charlie Fisher, Commissioner Kurt Bressner, City Manager James Cherof, C~ Attorney Sue Kruse, City Clerk OPENING Mayor Broening called the meeUng to order at 5:02 p.m. for the purpose of certifying the election results ofltbe General Election that was held on Tuesday, March 13, 2001, .Attorney Cherof advised that under ordinary circumstances, the Commission would be required to. accept the election results that had been certified by the Supervisor of Elections. However, City Clerk Sue Kruse received a protest fi[ed by Shirley Jaskiewicz on March 15, 2001 of the election returns. (A copy of the protest is attached to the original set of these minutes on file in the City Cleric's Office.) The ~rotest reads as follows: "! am seeking verification of legal residency of voters. [ also request a list of all add-ons on the voter's registration list. On the basis of these concerns that were brought to my attention T would like a recount after the verificaUon process is complete. [f you have a list of add-ons for entire City, ! would want one." Attorney Cherof advised that when there is-a protest of elections, a canvassing board (generally, the County Canvassing Board) has the power to examine the ballots and have a recoiJnt with a certain number of predncts (three to start) and to go beyond that. The only reference in the City Code to canvassing is in Section 144 of the Charter that provides that "at such meeting, the City Council shall canvass the returns and in the absence of a declaration of a contest by any of the candidates to such an election, shall declare the results of the election as shown by the returns made by the Clerk and !nspectors of the election." There is no reference to a Canvassing Board or to the appointment of a board. There has never been a Canvassing Board in any formal fashion in this City. !f the term "canvass the returns" constitutes the Commission as the Canvassing Board, the Commission would have the pOWers under State law to deny any protest. This would then clear the way for any individual candidate who wishes to challenge the election to proceed to court. Attamey Cherof recommended that the City Commission assume the role of Canvassing Board and sueu~'Jpe'pe'rvse its discreUon to deny the protest, canvass the results and accept them as submitted by the isor of Elections. Vice Mayor Weiland inquimcl about the number of days allowed for filing a protest. Attorney Chemf eXplained that the contest procedure is set forth in Florida Statute 102.168. [t allows 10 days after rfiidnight on the date that the last Canvassing Board is empowered to do the results. 1 MEE'r'XNG MTNUTES SPECTAL CXTY COMMTSSI*ON BOYNTON BEACH~-FLORXDA MARCH 15, 2001 Vice Mayor Weiland questioned who would be responsible for the cost of a recount. Attorney Cherof advised that the requesting party would be responsible for filing in court. What the court decides to do with it is an issue dependent on the City. Attorney Cherof said he is not aware of any obligation of the City to have to pay additional costs associated with the contest. Mayor Broening asked Attorney Cherof to confirm who the canvassing clerk would be. Attorney Cher~f explained that Theresa LePore would ordinarily perform that function if there were County issues on the ballot. Since this was a municipal election, there was no establishment of a canvassing board to certify the election. For that reason, Attorney Cherof recommended that the City Commission assume that it is the Canvassing Board. That allows the Commission to have absolute discretion to either accept or deny Ms..~askiewicz' protest. Commissioner Fisher asked Attorney Cherof if the City Commission would be allowed to include people who ran in the election to be members of the Canvassing Board, Attorney Cherof advised that the Cha~er states that the City Council (Commission) canvasses the results. There is no Canvassing Board defined in the Charter to answer that question. The action of the Commission in this regard would include afl members of.the Commission. Mayor Broening explained that a judge would have to make a determination if the challenging candidate wishes to take this issue that far. [na ,ddition, Attorney Cherof pointed out that the challenge is only in the Disttict III seat. Commissioner Fisher confirmed that since there were no procedures in place, by denying the protest, the Commission would allow Ms. 3askiewicz due diligence. Motion Commissioner Black moved to deny the protest. Commissioner Fisher seconded the motion. Commissioner Ferguson questioned whether or not it would be necessary for the Commissioners to appoint themselves as the Canvassing Board. Attorney Cherof advised that it was not necessary to do that since there is no such requirement in the Code or Charter. Commissioner Fisher reiterated that by denying this request for a protest, this would clear the way for a judge to make the decision on this issue. The motion carried unanimously. Motion Commissioner Black moved to accept the ce~fied results of the election of March 13th. Commissioner Forguson seconded the motion that carried unanimously. Attorney Cherof advised that absent a petition being filed in Circuit Court to contest the election, the City Commission would proceed as usual with swearing in at the Regular City Commission meeting on Tuesday evening. Tn response to City Manager Bressner, Attorney Cherof advised that if another protest were submitted between now and the deadline, the Canvassing Board would meet again to either accept or reject the protest. 2 ME~- ~ ~NG M~NUTES SPECI~AL CITY COMM~SSTON BOYNTON BEAGt~ FLOR/DA MARCH 15~, 2001 AD3OURNMENT There being no further business adjourned at 5:14 p.m. to come before the Commission, the meeting properly CTfY OF BOYNTON BEACH Mayor Vice Mayor Commissioner Commissioner Commissioner Ci~Clerk Clerk z~c "~Z~ 2 ~oo~o C z z ~ ~ ~ ~ ~ z ~ 0 0 C - H V-CONSENT AGENDA , TEM B-3 CITY OF BOYNTON BEACHv OF AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 ] April 17,2001 [] May 1, 2001 Date Final Form Must be Turned in to Cit~ Cl~rk's Office March 7, 2001 (5:00 p.m.) Mamh 21,200I (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18,200I (5:00 p.m.) Requested City Commission Meetin~ Dates [] May 15, 2001 [] June 5, 2001 [] June 19,2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.n~) June 20, 2001 (5:00 p.m.) NATURE OF AGEblDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Uafinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: MOTION to approve the SAT.g OF A SURPLUS 1985 FORD/AERIAL BUCKET TRUCK on th~ E-BAY AUCTION WEBSIIE. EXPLANATION: Procurement Services Division received a request from Public Works/Fleet Maintenance to have a surplns 1985 Ford/Aerial Bucket Truck listed on the E-Bay Auction website. This vehicle was operational within the City through March 2001 and has now been replaced with a new vehicle. Due to the earlier success of auctioning a 1987 Caterpillar Tractor Backhoe Loader (high bid $11,151.51) and a 1984 Industrial Tractor (high bid $5,300) it is the degire of Public Works to list the Aerial Bucket Truck at this time. As items are placed for auction on the Internet Website the City sets a reserve price for the vehicle based on condition of the Vehicle and the fair market price. If the reserve Price is not met through the auction process the City is under no obligation to sell. The reserve price established for the Aerial Bucket Truck is $10,000.00. Also, the cost to list a vehicle on the website is $25, and an additional cost of $25 if the vehicle is sold. PROGRAM IMPACT: Based on the initial listings placed on the E-Bay auction website it tends to show the City gets a bett4r price for specialized surplus vehicles while at the same time assuring that we obtain a fair market price based on the?stablished reserve price. FISCAL 13rI~ACT: The revenues generated from the sale of surplns vehicles will be placed in the Vehicle Service Fund In the following account. Revenue Reimbursement Account #501-0000-365-01.00 Deputy Director of Financial Services Sale ~ent City Manager's Signature Procurement Services Department Name cc: Jeff~ivergood-Publi¢ Works Robert Lee - Fleet Maintenance Hoy~ Johnson - Finance File i S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources DEPARTMENT OF PUBLIC WORKS MEMORANDUM #01-037 To: Bill Atkins, Deputy Director of Finance Thru: Jeffrey Livergood, Director of Public Works From: Robert H. Lee, Fleet Administration .Subj: Surplus Equipment Sale Date: March 19, 2001 Fleet has replaced a 1985 Ford / Aerial Bucket truck with a new unit. This vehicle is now surplus. Fleet is requesting approval be granted to sell this vehicle over the Internet. The vehicle is: 1985-Ford F700 / With "Altec" Aerial Bucket Vin #1FDNF70H4FVA39989 Engine: V8-Gas / 370-2V Lima Tires: 10:00x20-All around Pintle Hitch for towing Miles: 30,325 Engine Hours: 2212 (March 2001) Brake System: Hydraulic GVWR: 25,100 Bucket: Asplundh LR-50 [ 50' Serial #857984 Single Bucket- 300lb rating Last Dielectric Test - March 2000 Has no Hydraulics at Bucket Service Body is setup for Chipper use DEPARTMENT OF PUBLIC WORKS MEMORANDUM #01-037 This vehicle, purchased new by the City of Boynton Beach, remained in service through March 2001. This unit received a complete Cab and Service Body repaint in 1998/99, appearance is very clean as seen in the photos. The Ford Chassis Engine was replaced in December 1999. At that time the engine hour meter reading was 1984, current engine hour meter reading, 2212, showing actual hours on the replacement engine of 228 operating hours. At the time of the engine replacement, a new Clutch, pressure plate and release bearing were installed. In reviewing various sources dealing with equipment of this style and type, Fleet Administration, feels that a reserve price be established. Looking over various makes and models in the same age range of the Cab & Chassis, the working range of the boom, a fare market value is estimated to be $10,000.00. Requested City Commission Meeting Dates ['-- March 20, 2001 [] ^~ 3.2001 [] April 17, 2001 [] May 1.200I V-CONSENT AGENDA ITEM B-4 CITY OF BOYNTON BEACH ~,,, ~? ~ ~;':;?:~5~c~ AGENDA ITEM REQUEST FORM c:~ ~ ~'-- ' Dale Final Form Must be Turned in to City Clerk's Office Requested City Commission Meet/n~ Dales Dale Final Form Must be Turaed in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21,200I (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18,2001 (5:00 p.m.) [] May l5,2001 [] June5,2001 [] June 19,2001 [] July3,2001 May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: MOTION to approve the "piggy-back" of COLLIER COUNTY BID #99-2927 to INSITUFORM TECHNOLOGIES, INC. for SEWER MAIN REHABILITATION in the amount of $14,108.00. EXPLANATION: Procurement Services Division received a request from Utilities Department to "piggy-back" Collier County Bid#99-2927 to Insituform Technologies, Inc. for 330 feet of sewer main rehabilitation at N.E. 26 Avenue and N.E. 22 Avenue along N. Seacrest. This repair is necessary due to damaged pipe which will fail and cause a collapse of the sewer main if left in present condition (See attached memo dated 03/06/01 from John Guidry). Procurement Services recommends Commission's review, evaluation and approval. PROGRAM I~I~ACT: This rehabilitation repair is essential to avoid a total collapse of the sewer main. FISCAL IMPACT: Funding is available in the FY2000/2001 budget as follows; Account Description CIP R&R- Sewer Account Number 405-5000-590-96-04 (Project SWR064) Deputy Director of Financial Services Budget $ 14,108.00 City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources cc: John Guidry- Utilities File S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC TO: FROM: DATE: Memorandum Utilities #01- 046 Bill Atkins Procurement Services John Guidry ~ Utility Director ~ March 6, 2001 NAR ! 5 2001 t~JECHA$1NG SUBJECT: Agenda Item I Piggy-Back Collier County Bid ~99-2927 Trenchless Sewer System Rehabilitation Contracting Services On 'February 6,2001, the City Commission approved the emergency sewer main repair, by Sullivan Brothers Inc., of the existing sewer main Iocat~l in the 2500 block of North Seacrest Blvd. To date, the sewer main has bean repaired. After televising the remainder of that sewer main, the Utility Wastewater Division has found other damaged pipe which if lee in the present condition, will surely fail, and cause another collapse of the sewer main. It is our opinion, that the remaining section, approximately 330 ft. be restored before any further damage can occur. The Utility Department feels that the best application suited to repair this sewer main would be lining it with Insituform. In the past, the Division has had great success using Insituform Technologies Inc. The Wastewater Collection Division is requesting approval to piggyback the Collier County contract ~99-2927 "Trenchless Sewer System Rehab". The award has been renewed for an additional year to Insituform Technologies, Inc. of Jacksonville Flodda and expires on 08/02/2001. The rehabilitation work will take place in the following area: 1 NE 26 Ave and NE 22 Ave. along N. Seacrest We estimate 330 ft. of sewer main rehab at a cost of $14,108.00. Funds are available in account # 405-5000-590-96.04 SWR 064. Attached is copy of the proposal and renewal letter. A copy of the odginal contract is on file in the Purchasing Department. Please present this at the next City of Boynton Beach Commission meeting for their approval. If you have any questions please contact Mark Law at ext. 6403 or Tony Lombardi at ext. 6421, thank you. Attachments Xc: Mark Law Tony Lombardi Jim Hart Barb Conboy REQUEST FO~ ~QUISITiON t.T.E. ENTRY DATE: 3/06/01 H.T.E. REQUISITION # 14276 Clerk: Director: City Manag~x (non budgeted capital and/or $5000+t: J. HART REASON FOR PURCHASE: INSITUFORM APPROX. 330 FT. OF SEWER MAIN LOCATED ALONG NORTH SEACREST BLVD. IN THE 2500 BLOCK *PIGGY BACK COLLIER COUNTY BID # 99-2927 "TR~. NCHLESS SEWEER SYSTEM REHAB' VENDOR!INFORMATION: DIVISION: OTHER INFORMATION: Name: -INSITUFORM TECHNOLOGIES 1NC. Admin. ( ) Date: 3/06/0l ASAP (X ) Address:2892 HAMMOCK DRIVE Construction ( ) Date Needed: ASAP Confirm. ( ) PLANT CITY, FLORIDA 33567 Cust. Rel. ( ) I ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: ~ SUBMITTED: Phone (contact):954-325-3800 Lab ( ) Quotes/Verbal ( ) E. Admin. 40 ( X i (over $500) ) FAX#813~754-4553 Pumping ( ) Quotes/Writte~ ( ) E. WTP 41 ( ) , (over $2000) VendorNt~mber:4625 PWMalnt. ( ) BidDocs. (X W. WTP 42 ( ) , ) i PWOl?s' ( ) Sole SourceLtr. ( ) P/U 99 ( ) INIIIATOR: JIM HART Sewage (X Insurance ( ) Special lnstractions: ) Requirements: APPROVED: Strmwtr. ( ) Project Number: Quan. Unit Price Description & Part Number Fund Dept' Basic Elem Obi Amount 330 $41.00/FT 330 LINEAR Fr. 10" X 6MM 405 5000 590 96 04 13,530.00 /FT. : INSITUFORM 1 530.00 BYPASSING IF NECESSARY SWR 064 530.00 8 ] g. O0 LATERAL RECONNECTIONS 48.00 i TOTAL 14,108.00 O:~ac-assistance~requisition blank, doc ( lnsJtufonn Technologiesf lnc. Woddw~e p~peline Rehabilitation www. insituform, com 2892 Hammock Ddve Plant City, FL 33567 Tel: 954-325-3600 Fax: 813-754-4553 gm arshall@insituform.com February 16. 2001 Mr. Anthony J. Lombardi Supervisor Boynton Beach, City of 124 E Woolbdght Rd Boynton Beach. FL 33435-6040 Re: 26~ Street and Ocean Pkwy. Dear Anthony: Insituform is pleased to quote on the above referenced sanitary sawer lines. Due to the easement restrictions of this pipe Insituform reserves the dght to choose an alternative installation process of our Insituform produ~ 1) NE 26t" Street & Ocean Parkway, easement. 330 LF 10" x 5mm $ 41.00 LF $13,530.00 Bypassing (if' necessary) $530.00 EA $ 530.00 Lateral Reconnections (8) 6.00 EA $ 't8.00 Total $14'7(36~'00 The City has agreed to provide access to the manholes: fences open any landscaping trimmed back, etc. Pdces are from the existing Collier County Contract. Insituform is pleased to allow the use of this contract by the City as we did last year. The terms and conditions governing this proposal are as follows: Proposal Inclusions: · Certificate of Insurance with standard coverage · Pre-installation video inspection recorded on VHS tape · Thorough cleaning of the existing pipe prior to installation · Post-installation video inspection recorded on VHS tape · Standard one year warranty · Reinstatement of service connections · Actual field measurements will determine final invoice quantifies Mr. Anthony Lombardi February 16, 2001 Page 2 of 2 Proposal Exclusions: · Premiums for special insurance coverage requirements · Point repairs of any collapsed sections of the existing pipe line · Permits · Dewatering · Disposal site for debds removed dudng cleaning · Please note that if any hazardous or toxic materials are encountered dudng the project, the Owner will be responsible for the removal and disposal of the materials · Clearing and stabilization of sawer easement for equipment access. Pronosal Ten~s: · Payment due within 30 days of completion of the project · Partial monthly payments may be requested · Proposal valid for 45 days LIMITED WARRANTY IN LIEU OF ALL OTHER EXPRESSED, IMPLIED AND/OR STATUTORY. WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES TO CORRECT ANY DEFECTS IN THE MATERIALS OR SERVICES PROVIDED BY CONTRACTOR WHICH ARE BROUGHT TO THE ATTENTION OF CONTRACTOR WITHIN ONE YEAR FOLLOWING COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER AFFORDS CONTRACTOR SUITABLE ACCESS AND WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION. Mutual Release of Consequential Damaqes: Neither party shall be liable to the other for consequential damages relating to or adsing out of the Contract. We appreciate the opportunity to quote on this project If you have any questions, please call me at 954-325-3600. Respectfully, INSiTUFORM TECHNOLOGIES, iNC. Gordon Marsh-all, Regional Representative Owner Acceptance: Date: Please sign and return one copy of this proposal to this office for our files. " IN~II~ Fax :9042925195 Oct 16 2000 9:01 P. 02 May ~3, 2000 Gerald ,N:ldington, Regional Vice President Instltuforrn Technolagias, Inc 11511 Phillips Hwy $, Jsc~csonvJlla, FL 32203 RE: Contract~9.292'/' -"l'renchless Sower 8y~tern~Rehab" . .. Dear Mr.:Addington: Collier County has been under Contra~t with your company for the referenced service for tile past one year. The County would like to renew this contract for one additional year In accordance with the renewal clause in the agreement. The contract has multiple vendors, if all vendors agree to renew, the contract will be renewed with no further notice. If one or more vendors fail to indicate renewal intentions, the commodity may be place out for bid at tho end of this term. If you ere agreeable to renewing the referenced contrsGt, please indicate your.intentions by providing the appropriate information es requested below: I am agreeable to renewing the present contract under the same terms and conditions es the existing contract. I am not agreeable to renewal of this contract. If you are agreeable to renewing the contract, this letter (upon your signing and return) will suffice as the contract and will be consummated upon receipt of a County Purchase Order for this renewal period, ~mmencing 08/03/2000 and ending 08/02/2001. Also, please provide an updated certificate of insuren=e for our files. INSITLF[RH "I~ENL=WAL LETTER PAGE TWO BID NO. g9-2927 Fax ;904292~198 Oct 16 2000 9:02 DYeOUr prompt attention is urgently requested. Please return this letter to the partment with your response by June 16, 2000. Purchasing Very truly yours, Stephen Cameil Purchasing/Genera{ Services Director 'Acceptance: In$1tufon~ Techneloei~.s. Inc. $i6na~re ..Cerald:Acl~!ngten, I~le~ml Yic.e.P~esldent T),~c--~ '~ai~ and T'~le Date: 06-27-00 10/26/00 14.'48 FAX ~00! FAX ~SMIT'TAL __ Date: October 26, 2000 Tolal Pages Sent: Company: ~ of~o toe Beach Attention: I~ga~lng: Requested Ca'i~cam of~n.~rance is following. Hard copica will go out in ~oday's maiL Plea~ fgel ~ to call our office, should you lmve any qu~don~ Thank youl Company's Fax Numbm.: 561-375-6298 Sender: Pa,-ti. Hull ~ ' Ong C.~P~ac~ Dth,~, ~ 160, St. Loub, MO ~3141/(3]4) 432-0~00,~AX ('3]4) 812-3289 ~0/20/00 ~4:48 FA~ LOul'i~N COMPANIES Aco o. C=KTiFICA'i,.. OF L BILITY INSURANI 63141 Phm:te:314-432-0500 Z21NI~ TE~D~,0CIZ~L~o ZNC. BOX ~1029 JAfra, p~ 32203-1~29 r~ m~tsmaqcs $1,000,000 3U32 - 041-004'~/.0 -030 0'//01/00 0T/01/01. ~~ s ZOO, 000 ~~) , xo.ooo ~v~ O~ a~O. ~&~ ;X,O00fOOO ~- ~ S 2,000,000 ~~ ~*~ ~,ooo,ooo ~2-641-004218-020 07/01/00 07/0!/01 ~ S 1,000,000 ~-641-004218-01Q 07/01/00 I 07/01/01 ~~ ,X, OOO,OOO -004218-050 07/01/00 07/01/0i P~ O~ 2,000,000 ~/~ ~t~a~ 2,000~000 * P. O. BOX 310 ~ BE~C~, ~ 33425-0310 CITY OF BO TON BEACH AGENDA ITEM REQUEST FORM V-CONSENT AGENDA ITEM B-5 Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk!s Office Requested City Commission Date Final Form Must be Turned Meetinu Dates in to Cit~- Clerk's Office [] March 20,2001 March 7, 2001 (5:00 p.m.) [] May 15, 2001 May 2, 200I (5:00 p.m.) [] April3,2001 March 21,2001 (5:00 p.m.) [] June 5, 2001 May 16, 2001 (5:00 p.m.) [] April 17, 2001 April 4, 2001 (5:00 p.m.) [] June 19,2001 June 6, 2001 (5:00 p.m.) [] May 1,2001 April 18,2001 (5:00p.m.) [] July3,2001 June 20, 2001 (5:00 p.m.) [] Administrative [] Development Plans NATURE'OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Un£mished Business [] Announcement [] Presentation [] City Manager's Report RECOtVLVflgNDATION: MOTION to approve the "piggy-back" of BROWARD COUNTY, CONTRACT #N700162B2 to W. JACKSON AND SONS for SEWER REPAIRS AND MAINTENANCE at a cost of $18,710.00. EXPLANATION: Procurement Services Division received a request from Utilities Department to "piggy-back" Broward County, Contract #N700162B2 to W. Jackson and Sons for pump installation, parts, fabricating and concrete work at Lift Station #356. The pump being installed at Lift Station #356 is a "jockey" pump which is the small~st of the three pumps being utilized for water flow and installation requirements for the pump are critical. Utilities Department wffi be assisting W. Jackson and Sons in completing this task. (See attached memorandum dated March 8, 2001 from John Guidry for further details) ProcUrement Services Division recommends Commission's review, evaluation and approval. PROGRAM IMPACT: Master Lift Station #356 located at N.E. 6~ Street and Boynton Beach Boulevard requires a "jockey" pump upgrade. This pump handles flows during offpeak hours. The current flow conditions have exceeded the parameters of the current pump. FISCAL IMPACT: Funds are available in the FY2000/2001 budget as follows: Account Descrinfion , CIP R&R- Sewer 405-5000-590-96-04 (Project #SWR076) Account Number Deputy Director of Financial Services Budeet $18,710.00 ~s Signature Procurement Services Department Name cC: John Gui(ky - Utilities Deparmaent File City Attomey/ F/nance / Human Resources S:kBULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC MEMORANDUM Utilities #01-049 · TO: FROM: DATE: Bill Atkins, Utilities Director March 8, 2001 SUBJECT: Lift Station 356 Pump Upgrade Broward County Repair and Maintenance Agenda Item - Piggyback Contact #N700162B2 · Master Lift Station 356, located at NE 6th St. and Boynton Beach Blvd., requires a "jockey" pump upgrade. The jockey pump is the smallest of the three pumps. This pump handles flows during the off peak hours. The current flow conditions have exceeded the parameters of the current pump. The Utilities Department has purchased a new jockey pump to match existing conditions and any future increases. Currently, the demand on the primary pumps is greater than anticipated during design. Installation requirements are critical, and the Utilities Department would like to piggyback the Broward County Contract #N700162B2 for sewer repairs and maintenance. The contact was awarded to W. Jackson and Sons Construction Co. of Pompano Beach, FL. We could not utilize Bid #094-2812-00/CJD, "Master Lift Station Rehabilitation, Lift Stations #'s 316, 317, 319 and 356" since the scope of work was beyond that addressed in the bid package. The line items in our bid do not cover work of this size and nature. Attached is W. Jackson and Sons proposal identifying pump installation, pans, fabricating and concrete work. The pump upgrade to Lift Station 356 will cost $18,710.00. The Utilities Department will be assisting W. Jackson and Sons to accomplish this task. Funds are available in account #405-5000-590-96.04, SWR076. Please present this at the next Commission meeting for Commission approval. If additional information is needed, please contact Mark Law at ext. 6403 or Tony Lombardi at ext. 6421. Attachments Xc: Mark Law Tony Lombardi Jim Hart Barb Conboy REQUEST FOR ~QUISiTION ~' H.T.E. ENTRY DATE: 3/07/01 H.T.E. REQUISITION # 14317 Clerk: J. HART Procuremea~t Ass't: Director: City Manager (non budgeted capital and]or $5000+): REASON FOR PURCHASE: LIFT STATION # 356 PUMP UPGRADE BROWARD COUNTY REPAIR AND MAINTENANCE CONTRACT #N700162B2 VENDOR INFORMATION: Name: W. iJackson & Sons Construction Address: 1888N'W21~ S~eet Pompano n~¢h, FL 33069 hone (con--ct): 954-973-3060 Vendor Numbar: 4519 INITIATOR: Tony Lombardi APPROVED: Quan.U it Price I 1950.00 1 5~40.00 I 11i520.00 O:Xsa¢-assistmace~,e~ uisition blank, doc DIVISION: Admin. ( ) Construction ( ) Cust. gel. ( ) Distribution ( ) Lab ( ) Pumping ( x ) PWMaint. ( ) Pwops. ( ) seWage, ( ) Strmwtr. ( ) Desutipiion & Part Number Subcontract Items: Welding Fabrication and Concrete Pumper Materials Cost: flanged reducers and isolation couplings, flanges, steel pipe end bends,embedded items, concrete, miscellaneous and paint Labor and equipment cost TOTAL COST OI'HER INFORMATION: Date: 3/07/01 ASAP (x) Date Needed: ASAP Confirm. ( ) ASAP/Con£ ( ) DELIVERY: BACKUP DOCS. SUBMITTED: Quotes/Verbal ( ) (over $500) Quotes/Written ( ) over $2000) Bid Docs. ( x ) Sole Source Ltr. ( ) Insurance Requirements: Project Number: E. Admin. 40 ( x E. WTP 41 ( ) W. WTP 42 () P/U 99 ( ) Special Instructions: Fund Dept Basic Elem 405 15000 590 96 04 1950.00 076 5240.00 Amount 11520.00 18,710.00 M~r 06 O1 08:44a TRIO DEVEI-OPMEMT (954)971-0030 March 2, 2001 Mr. Tony Lombardi City of BoyntOn Beach 124 .East Woolbfight Road 8oynton Beach, FL 33425 Re: 8oynton 8each PS 356 Dear Mr. Lombardi: Thank yoU for the opportunity to quote you on the above- mentioned project under the Broward County Repair and Maintenance Contract (N700162B2). Endosed is our Scope of Work along with a cost break down. As we do not know of the duration of the by-passing, we are quoting it on a monthly basis at a cost of $3,699.00 for the system complete with h°ses. Please call if we can provide you with anything fu, iher. Yours truly, Edward R. Foss' W..1ACKSON & SONS CON~q'RUCTZON Enclosures ERF:scD W, JACKSON & SONS CONSTRUCTION CO. 1888 N.W. 2fst Stme{, Pompano Beach, Ftorida 330~9· Broward (g54) 973-3060 / 24 Hour Emergency (954) 973-3405 / Fax (954) 960-1679 Map OG O1 08:44a TRIO DEVELOPMEMT (854}971-0030 p.3 BOYNTON BEACH PS 356 Subcontract Items, Welding Fabrication Conc. ret~ Pumper Total $1,650.00 300.00 $1,950.00 Flanged reucers and isolation couplings Ranges, ~'eel pipe end bends Embedded items, concrete Miscellaneous and paint Total $2860.00 750.00 420.00 1,210.00 $5,2,'!0.00 W, JACKSON & SONS CONSTRUCTION CO. 1888~ N~W. 21st S~'eeL pompano Beach, ~ 33~- B~ward (954) 97:~3060 / 24 ~ Em~gency (954) 973-3~ I Fax (954) 960-1679 Mar OG O1 08:4~a TRIO DEVELOPMENT March 2, 2001 BOYNTON BEACH PS 356 1. Install Flygt Pump in west position. 2. Connect to existing suction and discharge valves, fabricate f~ng(s) as required. 3, [~emove and reconstruct, as required, concrete pump Furnished by City: 1. Pump and Stand 2. Elecb~cal Hook-ups to new 3ockey pump Furnished by Contractor: 1. Fabricated Rttings 2. Concrete and Pumper 3. Imbedded Items 4. Flanged reducers and isolation couplings W. JACKSON & SONS CONSTRUCTION CO. 888 N.W. 21st Street, Pompano Beach. Florida 33069. Bmwen2 (954) 973-3060 / 24 Hour Emergency (954] 973-34051 Fax (954) 960-1679 S"~ 0~00- I/.8 (~S8) ll~3NdO'lBA3(] OIB1 Jan 10 O1 11:13a TRIO DEVELOPMENT · ~RIO DEVELOPMENT CORPORATION 1701 NW 22nd Court POMPANO BEACH, FLORIDA 33069 TO ~54)971-2288 FAx(gsa971-0030 City of Boynton Beach 124 East Woolbriqht Road Boynton Beach, FL 33425 (954)~?1-0Q30 p.2 January 10, 2001 Tony Lombardi Broward Count~; Maintenance Contract No. NT00162B2 WE ARE SENDING YOU EXAttached F1 Under separate cover via · r-I Shol3drawings [] Prints [] Plans ID Copy of letter ~ Change order ~' Other r3 Saml)ies .the following items: [3 Specifications I 1/10/01 Co~¥ of Broward County Maintenance Contract with W. Jackson (N700162B2) 1 Certificate of Insurance THESE ARE TEANSMITTED as checked below: [] For apl~ovel J~For your use Fl As requested , [] For review and comment Fl FOR BIDS DUE .. REMARKS [] Approved as submitted C Resubmit O Aoproved as noted O Submit [] Returned for corrections Fl Return [3 coDies for approval copies for distribution corrected prints PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: Jan 10 Ol 11:13a TRIO DEVELOPMEHT {SS~IS?I-Q030 Deoen~r 6, 2000 CORRECTED COPY Attention: Thomas Jackson, Secretary / Treasurer Reference: Bid I!NT00162B2 f~.E~ln, staflaljon and Repair 8ervk~ forWater c~er Systems Dear Mr. Jackson: This is to confirm that Board of County ConuTdssioners at its meeting held on November 14, 2000, under Agend= Itom No. 11 has aocepted your Bid on t~e above*referenced A Bid tabulation o~ all Bids received is enclosed, with item(s) awarded to your firm noted. ..Th~,!.?~ Contracl is in effect.f.~ Ute period beginning Jan. e, 2001 and ending Jafluap/ ' A, 20e~.; Pbt~ehase Order(s) ~mll be placed as and when required. A Copy ofthl8 No~c~, ~ a copy o~ your Bid, h~=uding ~ ~.m~= ,Ad =r~lllior~, is being forwarded to all Using Agencies. Thank you for your interest in doing business with Browa~ County. Sincerely, GLENN R. C.U.M..MINOS, Director Purchi~sing D.~dslon c~. Stephen Aubrecht, Environmental Engineering (OE~) GRC: Spg Jan 10 O1 11:13a TRIO DEVELOPMEHT (954)871-0030 EMERGENCY INSTALLATION AND R F.~A1R FOR WATER AND 5EWER ADbllNI~3TRATOR. ~ CONTRACTOR ~ ..... .e~.,:_o~...A?..__o?~_ _s~ OLRECTEO m'-mE CONTRACT ON PAV-r.U~K I:~-~'ORATION GHALL BE ~ ACCORO PAGE 10 OF ~t FLORle,* n,=~, .................. lNG O CITY. OOUNTY (REFERENGE I'~O,a-OANDBRJDGECONSTRUOT1 ~ EREAPPLICa~K lar: .......... ' ............ "'~"~'~'~"'~ ON. WH ........... .,r..a ~ ~,,.~ ~ ~OD SURFAC~ TOP SOIL AND PEA ROCK -~',a ~ rr~ I ~, I I:M~¥ PATCHING ~HALL B~ INb-~TALi Fn THE CONTRACT ADMINIb-~II:~ATOR TO MAINTAn~ ~ TRAF~C CoNomoNs. AT LOCATIONS DESIGNATED BY METHODOFMEASUla~UENT TH; NU~aER OF 'ro~s o~ ~a~ARE OR C~a~C: YAeOS, AS oaa, c~:re.u BY T~ CONTRACT ADMINISTRA'n3R. TON~ OR ~,~ OR GUBIC YARDS OF {I&ATERIAL INSTALLED OR ~. 91399001OO00 DESCRIF' i iON & ITEM Eb'rlMATE COMMODITY GODE COb"'T TOTAL 91399O010010 9139g0010020 913990O1003O TRIO DEVELOPMENT (954)871-0030 p.S 10. '11. ITEM ESTIMATE 375 HOU~ ~QUiPMEN'r 913090020000 ~ 400 ~URS 6. 40 M~ 8. 90 HOURS 9. 90 HOURS 12. 13. BID ~' DESCR/PTION & COMMODrrY C_O_rtE COS"r T WML~ Lo, d~Wt CAT g26 OR EQUAL. MmNIMUM 913990O20O20 BAC~OE LO~,DER COMB~tAT1ON CAT416 OR E<~w., M~N~MOt~ 913 99 002 0030 BUU. DOZER ~,,7. o. CAT ~ 913990020040 913 90 OO2 0050 VIBRA~y i:~,-i~ WA~ VPR 1740 913990020O6O "~ ' ~ ~ ~ HOUR ~ UNIT .~P'EClFIED- ~" ~'~'~=~ PIE~ O~ EQUIPMENT ~ UNIT SPECIFIED. ?O ~ 8 HOURS 8 HOURS 8 HOURS W~.~JUU TR u~ L ,...c 0, 913 99 002 0070 TANKER 913 99 9~3~2~ - , ~13 99~0201~ J~n 10 O1 11:1~a TRIO DEYELOPMEHT (954)971-0030 p.? ~.MERG~NC¥ INSTAU. MIO~4 AND REPAIR FOI~ WA'r~t~ AND DESCPJPTION & 913990020110 - ' - - 15.. 16. 17. 18. 8 ,OU;S 10,000 t~. GVW 913 ~90O2 0t20 913 99 0O2 0t30 100 C.F.Id. wrn~ Ho~,~o ~ 913 990020140 3' CEm3:uFu~ 50-Foot DI~.~E 913 ~9 O02 0150 913 99 002 0160 19. ?0 ~ 20. 40HOt,le.s 4-H~/DRNjI.ICPUMpl,vri. H40O. $../~, ~ 913 99 002 01 ?0 913 99 ~02 0180 21. 22. 8 HOURS 8,, HYl~l~.lC pUMp W~rH 400, $ ~,~.. ~-~ 013 ~9 002 0190 23. ~00 HOURS WElL Polar ~C~UIPMEm'Up 1'o 150 POINTS CONPL.ETE INCLUDING P~P ~ JETTING EQUIPMENT 913990020200 TOTAL BIq AMOUNT, ITEMS 4 'i'HROUGH 23 (~LUS~) . Jan 10 Ol 11:14a TRIO I]EYELOPMEItT (954)971-0030 p.8 RESTOEATION afo~ WITH 18-INC-'H IJMEROC, J< BASE 913990030030 27. 100 sQ yD. 2'INCH ASPHALTIc CONCRETE L -..~ ~- wrrH 12-g~:~ Ui4EROQ< eASE 91399O030O40. 28. 100SOYD. 2'INCH ASPHALTIC CONCRETE ~ ~..5, ~"~' 913990030050 29. 100SO yD. Rr~t.A~ O; 4,.INCH CONCRETE 81DEWALK 9t3 g9003 0060 30. 100so're. Ra~A~OFe-INC, H $~ //, -',..~ · . CONCRETE SIDEWALK 913 99 OO3 0070 31'. 1110SQYD: R~OFSODSURFACE [ /, ,..S'/.~ 913 99 003 0080 32. 100 CUYI~. ~oF TOP SOIL 913990030090 DESCRIP'rloN & 50CUyD. TEMPORARY PATCH · /0, ':'-' . _~"~ '~---~ 913 90 003 0010 - 2$. lOOso,yo. I'~NCHASPHAI.,TfCCONCRETE ~/e. ~ 91399003OO2,O 2~. 850 so y'e. 1'iNCH ASPHALTIc CONCRETE ~ Jan 10 01 11:14a TRIO DEVELOPHENT (95~)971-0038 DESCRIPTION & ITEM ESTIMATE COMMODITY CODE ........ UNIT TO ' ~NT OF PF..A ROCK SURFACE 915 99 003 0103 ROCK SURFACE $~.~_~"~ 013 09 O0301,lO 35. IOTON AS~HALTSURFACECOURSE ~ ..~,,?. ~ 913 90 003 0130 37. 103 CUYD. CONCRETE- 3,750 PS1 oS._./~..~. ~ 913 00 O03 044O TOTAL BiD AMOUNT, JTC--M~ 24- 3T (JNGLUSZVE) ~,,~O~'~. 1-3 4-23 :~4- ~' INOEI~INIF~CATION GRAND TOTAL BID AMOUNT II~m~ 1TI4RU'3T AMOUNT OF YU~AL BID Jan 10 01 TRIO ~EYELOPNENT (95~)971-0030 p. lO NOD ;AIN~/~ RC-CYCLED /~go .... . DO YOU QUN.JFY FO~ 1'HE LOCAL pREFERENCE CLAUSE YE~-Q'/' NO 0 DO Y~U ;rd.NJFY FOR THE DO~IF. STIC PARI'NER CLAUSE ~=S a NO g3,,/ Jan 10 01 11:15a TRIO DEVELOPMENT (8541871-0030 p.11 YES O NO " WOUI'~YOUA~PTCR~nrrcARnaaSpa~F,~afBROWAR~CO~NTY? t,~sa~ .. '""~"'"~rME~I~-,Ar~h'OT~EMADETOYOURPIRM. ~'uu~ Fa~,f OR YOUR BID WILL NOT BE C~ ~ Jan 10 01 ll:lGa TRIO DEVELOPMEMT (954)871-0030 p.12 ~'~oua ootcr~ ~ ~ · MERGENCY INS'I'ALLATIOR ~ REPAIR ~.~,k,,-;;' F_OR WATER ~ SLeW, ER ~p/'S'rl~'ue. -- - Jan 10 01 11:13a TRIO DEVELOPMEHT [854}971-0030 p,3 ~'d ~UlO£ ~~ s2~OOO~OQO , 33435 R~quested City Commission Meeting Dates V-CONSENT AGENDA ITEM B- b CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office [] March20,2001 March7,2001 (5:00p.m.) [] Mayl5,2001 May2,2001 (5:00p.m.~ ~.~ [] April3,2001 March 21, 2001 (5:00p.m.) [] JuneS, 200l Mayl6,2001(5:00p.m~<CZ>~-~-< [] April l7, 2001 Apr/14,200l (5:00p.m.) [] June l9, 2001 June6,2001 (5:00p.m.l~O [] Mayl,2001 AprillS, 2001 (5:00p.m.) [] July3,2001 June20,2001(5:O0p.n~ Admiuislrative Development Plans NATUREO'F [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Armouncement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to extend the "CO-OP LIQUID CHLORINE, CALCIUM AND SODIUM HYPOCHLORITE", Bid #055-1411-01/KR to JCI Jones Chemical, Inc. and Leslie's Swimming Pool Supplles, for an estimated annual expenditure of $110.000.00. EXPLANATION: The Palm Beach County Co-Op Bid #2000-046 for Liquid Chlorine, Calcium and Sodium I-Iypo~hlorite is being renewed by the City of Boca Raton, lead entity (see attached memo). JCI Jones Chemical has agreed to renew at the same price; however, Leslle's Pool Service has indicated a price increase in calcium hypoehlorite of $0.06 per pound. This increase represents approximately $384.00 per year in additional chemical costs. ! Since the major portion of this bid is based on the use of liquid chlorine, we recommend participation in the renewpl of this Co-Op bid. Robert Kenyon, Deputy Director of Utilities concurs with this recommendation (see attached Memo #01-043). CONTRACT PERIOD: APRIL 1, 2001 TO MARCH 31, 2002 PROGRAM IMPACT: It is the intention of the Cooperative Purchasing Council of Palm Beach County to purchase Liqui~ Chlorine, Calcium Hypochiorite and Sodium Hypochlorite from a source of supply that will give prompt and conve~tient shipment and service. These chemicals are used at both the East and West Water Treatment Plant as a disinfectant. FISCAL IMPACT: BUDGET ACCOUNT NAME/# EST. ANNUAL EXPENDITURE CHLORINE 401-2811-536.52-28 $110,000.00 ALTERNATIVES: These chemicals would have to be re-bid, possibly resulting in higher costs for liquid chlorine. With {he $0.06 per pound increase, the cost of calcium hypochlorite is still less than three other bids received in Februgry, 2000. SflBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~"'Dep~ty 15~rect~r of FinanCial Services ' C~ty Manager s Signature Procurement Services DeparUnent Name City Attorney / Finance / Human Resources cc: Bob Kenyon, Deputy Director of Utilities Barb Conboy, Administrative Coordinator File S:~BULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC MEMORANDUM Utilities #01-043 (AMENDED) TO: FROM: Bill Atkins, Purchasing Agent Bob Kenyon, '~ ~(~~ Deputy Utilities Director DATE: March 15, 2001 SUBJECT: Co-Op Liquid Chlorine and Calcium Hypochlorite Bid Agenda Item This year's Palm Beach County Co-Op bid for Liquid Chlorine and Calcium Hypochlorite is being renewed. JCI Jones Chemical has agreed to renew at the same price, however, Leslie's Pool Service has indicated a price increase in calcium hypochlorite of $0.06 per pound. The increase represents approximately $384.00 per year in our cost for this chemical. Since the major portion of this bid is used for liquid chlorine, I recommend this bid be renewed for an additional year. Funds are available for these necessary chemicals in the amount of $110,000.00 in account #401-2811-536-52.28, Chlorine. Please present this request to the Commission for their approval to continue our participation in the renewal of the cgoperafive liquid chlorine bid with JCl Jones Chemical at the same rate as the previous year, and the calcium hypochlorite bid to Leslie's Swimming Pool Supplies with an increase of $0.06 per pound. If additional information is needed, please contact me at ext. 6402. xc: Bob Kenyon Barb Conboy John Reynolds Dave Ailstock Dom Formanek RECEIVED PURCHfl$lfltG BOC~ RFITDN Ftx:$~l-$g~.-?cfisf. Feb 2J, '0~. ~,2:45 P. O1 FAX COVER SHEET CiTY OF BOCA EATON PURCHASING DIVISION 201 W. PALMETTO PARK ROAD, BOCA RATON. FL DA'F~: February 20, 2001 'nME: 3:15 PM TO: UTIUTY SERVICES COMMODITY BUYER FOR CHLORINE Chlorille Co-Op Members (Boymon Beach, De~y, Lake W~"~, Ri~em Beach, West PaJm, $. Cer~a! Reg. Wastewater TmL Pla~t. T~ueste, We~lingtert, Lafflana) FROM: RE: Lynn Kunkel I~HOI~: [561-393-7874] Sr. Buyer, Purchasing Division FAX: [~1-393'7983] Renewal Option #1: Liquid Chlorine & Calcium Hypochlodte Bid PALM BEA¢I4 COU,TY CO-OP,BID NO. 2000-0,~ Page 1 of 3 Attached are the renewal letters from Jones Chemical and Leslie's Swimming Pool Supplies. In regards to the price increase for the Calcium Hypochlorite -The price of $95,00 is still less than anyone bid originally in 2000. The Broward Co-Op pays $94.50 from Allied and I believe they have minimum order requirements. I will be placing this on the City's March 20, 2001 Council meeting for renewat and acceptance of the price increase. Thanks. PURCHASING BI]CA ~A~N Fa~:561-$95-798~3 Feb 21 '01 i2:44 P.O$ ~ Mr. B~d No. 2000-046 Item Description Unit Price I Liquid Chlorine, One Ton Cylinder $ 2 Liquid Chlorine, 150~ Cylinders . 370 $ 3 Calcium Hypochlorite, 100 # drum 210 $ ~~1~/ minimum order requirements: /3L31~p__ GRAND TOTAL, F.O.B. DESTINATION There shall be no drum deposit charges or additional delivery charges. Est. Qty/U.O.M for Co-Op 2,308 I ton cylinder 150 # cylinder 100~ drum .Total Price ,cyl $~ drm$ /~,(f~7 BIDDERS CHECKLIST All bids shall be submitted on the City provided Bid Package forms. Failure to do so may cause the Bid to be rejected. All blanks on the proposed forms must be completed. Supplemental information may be attached to the bid package forms. Bidder shall return a complete set of all bid package forms as listed as follows. Failure to submit the required documents may result in your bid being considered non responsive. Yes / No 1. Is Qualificationof bidders information included with Questionnaire (items A-J) 2. Is license information submitted? 3. Isproofofinsurancesubmitted'~ Ye~s ..~_/_ No · Yes. E._.. No 4. is Drug Free Workplaceform submitted? Yes t,/' No__ 5, Are all bid pages signed? Yes ~ No 6. Is bidders certification form notarized and submitted? Yes ~"~, No 7. Is bid submitted in duplicate (one original, one copy) Yes7 8. Areaddendum(ifanyissued)submitted? Yes / No 10. Is all requesteclproduct specificationinformationsubmitted? Yes~ No 11, Items bid are as specified in the specification section with no deviations Yes7 No (Review of alternate specificationsto be submitted 6 days prior to bid opening) _J 14 Bid, No. 2000-046 BIDDERS CERTIFICATION (This form must be signed in the presence of a Notary Public or other officer authorized to admlnlnter oatlm). The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with full understandingof the conditions governing this bid. 1%n~e o-f Bidder Street Address CSt? State, ~ip ~ Signature (Printed, Title) WITNESSES: ate Telephone I Fax No. Federal I.DL No. co xY Or: LpS/h . acWowledgedbefore me this/-~ dar of .~[y~,, vO~, by U, e foregoing instnm,~nt w~ ~Or ~ d ~ 0.', ~ e jv who is Ovho are) penonallv known to me or w~ has produced afl i~rion ~d who did (did noO take an oath. NOTARY P~LIC SI~AT~ . NO~: Ali bias s~all b~ in a s{aled {nr{lop~ afl m~rkad on ~ ~xterior "Sealea ~ia ~o. 2~6". ~11 bias must submitte~ in fluplicat~ Bi~ op~nin~ ~ sal~ in Bt~cfio~ to bi~d~, Boc~ R~ton ~ity ~all hrcasing Oiv~ion, 201 W. ~alm~tto ~ar~ ~o~, ~oa hton, ~. B,d No. 2000-046 QUALIFICATION OF BIDDERS INFOPaMATION A. REFERENCE LIST The following is a list of at least three (3) references that the Bidder has provided similar supply contracts to a similar size organization in the past three years. 1. Name of Firm. City, CountyorAgency: ~_~.~L.~I C~-' Address: ~._,_~__~.,._~C~, .J~. I. '") .-~ ~ ~A ' , - Service Dates:/-[ U Iix C~'D, / ~III4 0 1 Bid No. (if applicable) 2. NameofFirm, City, CountyorAgency:, C~(~"L~' (~ 're e.ho.e' ~. 7 3~-~,~ S' ] ~ - f ~, r, c --,-~_ ' ~ [ .f o. (~rapplicable) 3. Name of Firm. City. Coun~orAgen~: ~,~ ~-~~,. Se~ice Dates: Bid No. (if applicable) NOTE: Additional references may be provided and a~ached, B. Description & location of physical plant and facilities to supply this bi~ C Descript. ion of Delivery Fleet used for this bid: D. Number0f Years your firm has been in business: ~.'.'~'~ Company Name: Bid No, 2000-046 QUALIFICATION OF BIDDERS INFORMATION : E. Summary or Proof of quality control program in Place at plant. F. Vendo! Representativefrom Firm submitting bid Phone No[ Beeper No. Fax No. G. Summary of safety procedures in place regarding deliveries/offloading ¢ programs ~:hat drivers are required to partake in. f product. Include any training H. In-houSe valve cleaning and overhaul procedure (may be submitted as; m attachment): Company Name: 17 Bid No, 2000-046 QUALIFICATION OF BIDDERS INFORMATION I. Citati°ns and °r vi°lations of environmental regulations (may be submitted as an attachment): J. Emergency Crew information: Location of nearest emergency station:. Name of person in charge of emergency crew:.~--1 ~Y~r~ ~,~(-j 0~'-~'~,-) Telephone numbers to be called for emergency service and/or normal maintenance: Time periods during which service will be available from the n umber(s) indicated:. _~"~ Company 18 Bid No. 2000~046 IDRUG.FREE WORKPLACE FORM Bid No. 2000-04~ The undersigned vendor in accordance t/ "] (Hame of Business) with Florida does: Statute 287.087 hereby certifies that Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, pos,~ession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of al. rug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitatiOn, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. GiVe each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 1893 or of any controlled substance law of the United State or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. o Impose a sanction on, or require the-satisfactory participation in a drug abuse assistance or rehabilitationprogram if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of thi§ section. As the person authorized to sign the statement. I certify that this firm complies fully with the above requirements. /B ,d ,dptC' s rgignature 2O A__C_~RD. CERTIFICATE OF LIABILITY INSURANL;~..~kT"_, · l~ou~a.~ Oa-~ C~91360 605-495-7405 THiS CERTIFICATE l$ t$SU-'.O AS A MATTER OF INFCRMA~'ION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE. HOLDER. 7HIS CERTIFICATE ~OES ~OT AMEND, E~END OR A~TER THE COVE~GE ~FORDED SY ~E POUCIES aEL~. ~O Instate CG2010) an~ &u~o. .10 ~a~s notice of ca.~ce!~&tio~ for nan-pm~a~n~ DE CANCEL~.TION ~COR3 CORPORA-!~UU · F -- Certificate of Insurance JT~,B CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS INOT AN INSURANCE POLICY AND DOES NOT AMEND. E~(~END. OR ALI'ER ~E COVERAGE AFFORDED BY THB P~LICIE$ LISTED BELOW· This is to Certify that t LESLIE'S POOLMART, INC 20530 PLUMMER ST CHATSWORTH CA 91311 Name and address of Insured. LIBERT MUTUAL. Is. at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the tisted policy(les) is subject tc their terms, exclusions and conditions and is not altered by any requirement, term or condition ct any con~act or other document with respect to whic~ ec~ficate may be issued. v EXP. DATE [] CONTINUOUS TYPE OF POLICY [] EXTENDED POLICY NUMBER LIMIT OF LIABILITY [] POLICY TERM COVERAGE AFFORDED UNDER We !MPLOYERS LIABILITY WORKERS 1-1-2001 = WC2-161-031627-060 LAW OF THS FOLLOWING STATES; COMPENSATION 1-1-2001 ' WC2-151-031627-070 ........ Bodily Injury By Accident $1,000,000 Each Bodily InjuP/By Disease $1,000.000 Pcll¢ ' Bodily injury By Disease IsI,°0°,°°° P~rsE*~ GENERAL LIABILITY General Aggregate - Other than Products/Completed Operations Products/Completed Operations Aggregate [] OCCURRENCE NOT WITH LIBERTY MUTUAL [] CLAIMS 'MADE Bodily injury and Property Damage Liability Per Personal and Advertising Injury [RETRO DATE Organizat, il Other Other I AUTOMOBILE LIABILIT~ I Each Accident - Single B.I. and P.D. Combine [] OWNED NOT WITH LIBERTY Each Person MUTUAL Each Accident or Occur [] NON-OWNED [] HIRED Each Acclc~ent or Occur OTHER ADDITIONAL COMMENTS RECORD ONLY Liberty Mutual ~'~ESLIE'S POOLMART 20630 PLUMMER ST CERTIFICATE HOLDER CHATSWORTH CA 91311 ROBERT J. BEF~STRO~- CA LIC #0668814 AUTHORIZED REPRES..ENTATIVE Glendale (818) 502-1500 0i/01~ OFFICE PHONE NUMBER DATE Bid No: 2000-046 BID FORM Item Description I Liquid Chlorine, One Ton Cylinder 2 Liquid Chlorine, 150~ Cylinders 3 Calcium Hypochlorite, 100 # drum minimum order requirements: GRAND TOTAL, F.O.B. DESTINATIQN There shall be no drum deposit charges or additional delivery charges. Est. Qt¥/U.O.M. for Co-OR 2,308 I ton cylinder 370 150 # cylinder 210 100# drum Unit Price TotalPrice $294.0o cyl$ 678,552.00 $ 46.50 cyl~ 17,205.00 $~n ~ drm $ NO BTn $695.757.00 BIDDERS CHECKLIST All bids shall be submitted on the City provided Bid Package forms. Failure to do so may cause the Bid to be rejected. All blanks on the proposed forms must be completed. Supplemental information may be attached to the bid package forms. Bidder shall return a complete set of all bid package forms as listed as follows. Failure to submit the required documents may result in your bid being considered non responsive. 1. isQualificationofbiddersinformationincludedwithQuestionnaire(ItemsA'J) Yes X No Yes % . No 2. is license information submitted? Yes X No 3. is proof of insurance submitted? Yes_.~ No 4. Is DrugFreeWorkplaceform submitted? Yes z, No 5. Are all bid pages signed? Yes X No- 6. Is bidders certificationform notarized and submitted? Yes X No- 7. Is bid submitted in duplicate (one original, one copy) 8. Areaddendum(ifanyissued)submitted? YesN/A NO 10. is ail requested product specificationinformation submitted? Yes 'f No 11. itemsbidareasspecifiedinthespecificationsectionwithn°deviati°ns Yes X No _ (Review of alternate specificationsto be submitted 6 days prior to bid opening) Company Name: JCI, JONES CHEMICALS, INC. Date:_ 2/16/2000 14 BId~ No. 2000-046 BIDDERS CERTIFICATION This form must be signed in the presence of a Notary PUblic or Other officer authorized to administer oaths). The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions governing this bid. JCI JONES CHEMICALS, INC. Name of Bidder 1800 N.W. 22ND STREET Street Address FORT LAUDERDALE, FLORIDA 33311 City, Statei Zip Signature (Written) WILLIAM BROWNLIE / MANAGER WITNESSES: Signature(Printed, Title) (954)491-1474 2/16/2000 (~8~293-8321 )ate Telephone / Fax No. 16-0809645 Federal I.D. No. STATE OF: FLORIDA COLrNTy OF: BROWARD ti t /~ ~ 27,e foregoing instrument was acknowledged before me t's /~ /' day of ,~Z~Z~-O00, by WJ~l~l~ ~ObO3JO~ who is, (who are) personally known to me or **qto has Produced as identification and who did (did noO take an oath. /N9:rAR¥ PUBLIC SmsA / NOTARY NAME~ P~ED, T~ED OR STAMPED Co~monNumbec CC~g~Z MyComionExp~e,.~ a~ 00J , NO~: ~I1 bids shall be in a scalefl envelope and marked on ~e exterior "Sealed Bid No. 2~¢~6 '. All bids must ' :"~be submitted in duplicate. Bid opening ~ stated in imtmcfions to bidders, Boca Raton City Hall ~rchasing Division, 201 W. Palmetto Park Road, Boca Raton, FL. 15 Bid No. 2000-046 QUALIFICATION OF BIDDERS INFORMATION A. REFERENCE LIST The following is a list of at least three (3) references that the Bidder has provided similar supply contracts to a similar size organization in the past three years. 1. Name of Firm, City, County or Agency: PALM BEACH COUNTY Address: 50 S. MILITARY TRAIL - SUITE llO-WEST PALM BEACH, FLORIDA 33415-3199 Telephone: 561-233-1511 Contact: DENNIS LEAF Service Dates: 11-1-98-5-1-2000 Bid No. (ifapplicable) 97092 ProductSupplied: LIQUID CHLORINE IN ONE TON AND 150LB CYLINDERS Name of Firm, City, County or Agency: IN~IA~ RIVER COUNTY Address: 26~25-19TH AVENUE, VERO BEACH, FLOgTT~A 32960 Telephone: 561-567-8000 Contact: FRAIq POWELL ServiceDates:10/1/99-9/30/2000 Bid No, (ifapplicable) 9010 FfroductSupplie~ CHLORINE TONS AND CYLINDERS /Title SENIOR BUYER /Title PURCHASING MANAGER 3. Name of Firm, City, CountyorAgency: MARTIN COUNTY -BOARD OF COUNTY COMMISSIONERS Address: 2401 SE MONTEREY RD-STUART, FLORIDA 34996 Telephone: 561-288-5509 Service Dates: 4 / 19 / 99-4 / 18 / 2000 Product Suppliect CHLORINE Contact:BETSY L. IVERSON Bid No. (if applicable) A/R99-113 /Title PURCHASING ADMIN. NOTE: Additional references may be provided and attached. B. Description & location of physical plant and facilities to supply this bid: 1800 N.W. 22ND STREET FORT LAUDERDALE, FLORIDA 33311 C. DescriptionofDeliveryFleetusedforthisbid: INTERNATIONAL F9400 AND F9500 TADsl TRACTORS WITH TRA'rLRRS RANGING FROM 26' to 45' D. Number of Years your firm has been in busines~ 68 YEARS Company Name: JCl JON~S Cwk~WTCALM, INC. 16 Bid ,No. 2000-046 QUALIFICATION OF BIDDERS INFORMATION E. Summary or Proof of quality control program in place at plant. PT,~A~E SEE ATTACHED TABLE OF CONTENTS FROM THE JONES CHEMICALS QUALITY ASSURANCE MANUAL. F. Vendor Representativefrom Firm submitting bid Name & Title: WILLIAM BROWNLIE/ MANAGER (954)4814,_3035 CELL 954-931-9894 (954)491-1474 Phone NO. Beeper No. Fax No. G. Summiary of safety procedures in place regarding delivedes/offloading of product. Include any training programs that drivers are required to partake in. PLEAS~ SEE ATTACHED RECORD OF TRAINING FORM (2 PAGES) FOR DRIVERS. H. in_house valve cleaning and overhaul procedure (may be submitted as an a[tachment): ATTACHMENT INCLUDED Company Name: JCl JONES m~knMICALS, INC. 17 B*d No. 2000-046 QUALIFICATION OF BIDDERS INFORMATION I. Citations and or violations of environmental regulations (may be submitted as an attachment): J. Emergency Crew information: Location of nearest emergency station: 1800 N.W. 22ND STREET-FT. LAUDERDALE,FL. 33311 Name of person in charge of emergency crew:. WILLIAM BROkrNLIE Telephone numbers to be called for emergency service and/or normal maintenance: , . . (888) 2~-8321 Time periods during which service will be available from the number(s) indicated: 24 HRS/DAY -7 DAYS/WK Company Name: 3ti JONES CHEMIC_~LS, INC. 18 Bid No: 2000-046 STATEMENT OF NO BID Bid No. 2000~046 If you are not bidding on this service/commodity, please complete and return this form to: City of Boca ~ '~,aton Purchasing Department, 201, W. Palmetto Park Road, Boca Raton, Florida 33432. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of BOca Raton. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: We, the undersigned have declined to bid on service/commodity because of the following reasons: Specificationstoo "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficienttime to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specificationsunclear (explain below) Other (specify below) REMARKS: B~d No. 2000~046 DRUG-FREE WORKPLA. CE FORM Bid No. 2000-046 The undersigned vendor in accordance with Florida Statute JCI JONES CHEMICALS, INC. docs: 287.087 hereby certifies that (Name of Business) Publish a statement notifying employees that the un/awful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the wOrkplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drag abuse in the workplace, the business's policy, of maintaining a drag-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for dru~ abuse violations. - Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). ' In the statement specified in subsection (1), notify the employees that, as a condition of workinz o~'-'' the commodities or contractual services that are under bid/the emploYee will abide by the terrors of '~' the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 1893 or of any controlled substance law of the United State or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitationprogram if such is available in the employee's community, by any employee who is so convicted: Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder'S Signature FEBRUAry 16, 2000 Date 2O Board of County Commi~iionm*~ Broward County Flortd~ ./~_~/~,~'~*-") ,~ ' x..C,~ C~. BROWARD COUNTY OCCUPATIONAL LICENSE TAX ~ RENEW ON OR BEFORE ~OR~O. .... -- FOR PERIOD OCTOBER I 1999 TH, RU SEPTEMBER 30 2000 ' ~ *sI~P-TEMBER 30 2000 ~ RENEWA'r, ./..O'TRAN~;FER SEC #. 27 ./._ 2__7q,. I~.~.;~x, NEW : DATE BUS NESS OPENED IPr=NA~TY -- ---- ----~- . '-- ----ITc-- -. * ` 'FE~q ' .... I°E,O-NW 22 ST .............. ''* ' ;', ~: ~ ' ' ' · I~°*A[' ' /=u'uuI "I I -~'F,T--L:AUDER DA LE 33311-0000 - ;~c"' :!:.~- .......................... ]~U$INES,~ PHONE 0O0 484~79'O"t3t:,"..'r:.'_m"~.~.r'~'.'.,;?:m.,,.,..~.,~,~,~,.'~... ., ..... ./'z ~,,-,..,~,,,,.,--"' ,' ....... ,;-.-,..JpN.E$ ..CHENTCAI,~...,~.~NC .-..=- - ,,.., -, .. . .... .~.. ,;..: ~..-.: = :: .... P .l~ SOX 6057: ..~.;,~...:~,, ._ ' · :';~, .......... mS IICENSE MUST BE COl~lSP CUOUSLY DISPCAyED ~ ..... F ~),R, T 'ro,,u,,~,ov,~,^~-'~.LOO~-,o,~o,,,~,.o~., ..,a~0]~...~:...?~.:..?::.,.~S~' ~ ..~?~,~.,,,,....... .. .-'".-?-.' .. .E~ .UB OOU..~. 1999 5 S. Andrews Avenue. Governmental Center Annex FORT LAUDERDALE, FL 33301 'SEE BACK FOR TRANSFER INFORMAT10~ 'P. AYMENT RECEIVED AS VALIDATED ABOVE ,000,'..~00 ',-J00O, 000 .000(..;27-0~J258'~' 10(., 8 1. JOO0 O-~S~c;8 ...17 L ;29 JoArEs C'~m~CA/.~, INC. CUSTOMER. ES~ERGENCY INFORMATION 1. Branch Menti~ca~on: Port Lande~ate . E.P.A.I.D, Nurm:er: U.S.E.P.A. Region: State Sari.top. mental Reglon: Facility Location (Plant): Telephone Number: FLD010430999 Southeast Re,on 4 South Florida Subdisrriet 1800 N.W. 22na Street. Ft. Landerdale. FL 33311 (954~ 484-3035 OWmT.~ Flour~: M-F. 7:30 - 3:.~0 Physical Location (Office) and Mailing Addr~s: 1800 N.W. 22ND STi~_.ET,P.O. BOX 6067 Fort Lauderdale. FL 333~Q " Telephone Number: (954~ 484-ao35 Of5:~ Flou.~: M-F. 8:00 - 5:00 Mailing Address: Emergency Coordinator P.O. BOX 6067 Fort Lauflerdate, Ft Primary: WILLIAM P. BROwm. I] 1553 N.E. 32ND STREET CELLULAR Pt{ONE {954) 931-989& (954)48&-3035 APT. FORT LAUDERDALB,FL..3333/. Alremams: RICHARD REBECK (561) 477-0069 /20352 HACIENDA COURT CELLULAR PI{ONE (954)931-9896 1:954)484-303~ [BOCA EATON, FLORIDA 33498 Special: NOT~: ~ F2%[ERGENCY COORDIiNATOR OR AN ALTERNATE ~R BE ON THE PR~mF.S AT ALL TIMES OR ON cAr.r. AND AV.~ rr.4.13r.v. TO I?I~-~POND TO Tm~ ~'%fI~GENCY WTrlt/N .4. SHORT PERIOD OF TIiVIE. -MAY-ZOO 1 2,000,~0~ DESCRZPT~O~ OF OPERAT~O~S/~OCAT~O~$/~E~ZCLE$/$pEC~AL ~TEg$ II. JONES uu~u~iCALS, INC. Qualit~ Assurance Manual Table of Conten~s Quality Assurance Introduction A. Policy ....................................... 1 B. Sta=ement of Quality ......................... 1 C. Purchasing Statement ......................... 1 D. Specification Criteria ....................... i Raw Material Spe=ifica~%ons Sodium Hydroxide (NaOH) 1. 50% Solution ............................ 1 2. A Comparison of Supplied Grades ......... 2 Chlorine (C12) ................. 3 Sulfur Dioxide '(~;~].'~.~.' ...... ]~] 4 ProduCt Spee-~fi =a~ions Sodium Hydroxide (NaOH) 5.0% 14.0% 16.3% 18.0% 18.5% 19.0% 20.0% 25.0% 30.0% 50.0% Solutio~ ............................. Solution ............................. Solution ............................. Solution ............................. Solution ............................. Solution ............................. Solution ............................. Solution ............................. Solution ............................. Solution ............................. Sodium Hypcchlori:e (NaOC1) Sunny Sol Bleach (5.25%) ................... Sunny Sol "100" (9.2 %) ................... Sunny Sol "100+" (10.0%) ................... Sunny Sol "150" (12.5%) ............ ~ ...... Sodium Bisulfite (NaH$O2) 38.0 - 40.0 % Solution ..................... 15 Good La~oratox~ Practi~ee General Cleaning ........................... Cleaning a Pipet ..................... ~ ~ .... Cleanmng a Buret ........................... Using a Pipe~ .............................. Using a Buret ..................... Significant Figures ............. Rounding Numbers ........................... Glossary of Terms .............. j ........... 1 2 3 4 5 6 8 ~ 9 10 12 13 14 ~. 1 2 3 4 5 6 JC FT FL 0000886 9aa~.i~¥ Assurance Manua~ · ~le o~ Con,erisa ·age 2 V. Test Me,-hods Raw Material Sodium Hydroxide in Caustic Soda ........... 1 Sodium Oxide in Caustic Soda ............... 2 Iron in Caustic Soda ....................... 3 Product Available Chlorine/Sodium Hypochlorite in Sodium Hypochlorite .................. 5 Excess Caustic in Sodium Hypochlorite ...... 7 Percent Sodium Bisulfite .......... ~..... . 9 Standard Operating Procedures - Lab Equipment ~lectronic Balances ..... ~ ....................... 1 Portable 9H Meters .............................. Fas= Release Pipette Pump II ...... Certified Calibration Weight .................... 6 Weight Traceability Certificate ................. 7 Product "Certifica=e~s of Analysis" Policy .......................................... 1' Sodium Hydroxide (NaOH) 5.0% Solution ............................. 2 14.0% Solution ............................. 3 16.3% Solution ............................. 4 18.0% Solution ............................. 5 18.5% Solution ............................. 6 19.0% Solution ...................... i ....... 7 20.0% Solution ............................. 25.0% Solution ............................. 9 30.0% Solution ............................. !0 50.0% Solution ............................. 11 Sodium Hypochlorite (NaOC1) Sunny Sol Bleach (5.25%) ................... 12 Sunny Sot "100" (9.2 %) ................... 13 Sunny sol "100+" (10. %) ................... 14 Sunny Sol "150" (12.5%) ................... 15 Sodium. Bisulfite (NaHSO~) 38.0 - 40.0 % solution ..................... 16 Intentionally Left Blank JC FT FL 0000887 Quality Assurance Manual Table of Con=en=s Page 3 IX. XI. XII. Introduction ~o Chemistry Table of ConCents ............................... Incroduction ............................... Ch p er - Basio Chemistry.. ..... Chapter 2 - Organic Chemistry .................. Chapter 3 - pH .................. ' ............... Chapter 4 - Specific Gravity/Degrees Baume' .... Chapter 5 - Concentration ...................... 1 2 3 13 22 24 26 Analyti~a/ Che~%stry and QL~ality Control A. Su~unary ...................................... 2 B. Introduction ................................. 3 C. Glassware and Sample Bottles ................. 4 D..Sampling and Storage ......................... 5 E. Chain Of Custody, ............................ 7 F. pH ~nalysis .................................. 9 G. Residual Chlorine Analysis ................... 13 H. Dilution ..................................... 14 I. Quality Assurance/Quality Control ............ 15 J. Recording Data/Interpretation ................ 18 Bran~.h l~aw Mater±al OC Pro,rain purpose/Program ................................. I Sodium Hydroxide (NaOH) Raw Material Log - 50% ..................... 2 Cut Sheet .................................. 3 Proficiency Testing Schedule ............... 4 Proficiency Testing Worksheet .............. 5 Branch Product QC Pro~u~ Program ........................................ · 1 Sodium Hypochlorite (NaOC1) Proficiency Testing Schedule ............... 2 Proficiency Testing Worksheet .............. 3 Available Chlorine PT Method ................ 4 Sodium Bisulfite (NaHSO3) Proficiency Testing Schedule ............... 6 Proficiency Testing Worksheet .............. 7 Q~za~=erly ~lrPical Ana.lysis Program ......................................... Schedule ...................... Worksheet ...... ]...]].]].Z]Z]...ZZZ.]..?.]]].] JC FT FL 0000888 ~':~ Rev. 11112/96 ' ~-.,-'~. ....... Q. aality Assurs~nce Manual Table of Con=en~s Page 4 XIV. Br~e.h Q~alit¥ Au~/t Procedure ............... '.. Quality Control Designate.~]~]~''~''~ Chlorine - Ton Containers ....................... Chlorine - 100, 150# Cylinders ........ i ......... Bleach Platform - Vat and/or Machine ............ Bleach Platform, cont ........................... Sulfur Dioxide - Ton Containers.., .............. Sulfur Dioxide - 100, 150# Cylinders ............ Anhydrous Ammonia -150# Cylinders .............. Drums / Carboys ................................ Dr,,m~ / Carboy Filling ......................... Totes / Tuff Tanks ............................. Shipping .... ' .......... Warehouse'''ii!ii!ii!i!i'ii i]i'--]~i]- Valve Room.. ... ENS Syste~ ........ ~ ..... ~ ...................... Branch Laboratory ............................... Quality Assurance/Quality Control..l ............ Waste Reduction/Recycling ....................... Overall Appearance of Facility and Grounds ...... 1 3 3 4 4 5 6 6 7 7 9 9' 10 10 11 11 JC FT FL 0000889 "- - ReV. 11112/96 "" ''~ ..... · 6'; I ~ J¢ FTFL 0000890 = ~rxxx z~ JCFTFL 0000891 PRVi V. C~rLORZN~ VALVE: REPATR TANK TRUCE ¢ FORTHCOMING) 1. RECONDITIONING - "STANDARD ANGLE VALVES" 2. TESTING B. TON & CYLINDERS 1. ., RECONDITIONING OF CHLORINE VALVES PURPOSE: TO ASSURE THAT Ar.?. CHLORINE/SULFUR DIOXIDE VALVES ARE UNIFORMLy RECONDITIONED, WHIC~ WILL PREV]~T GAS LF2%KAGE WHILE IN USE. a. PROCEDURES PERSONAL PROTECTIVE EQUIPMENT: Safety shoes, side shield safety glasses, gloves and hump cap. ¢1) Disass-mhle & Preparation (Refer to DWG. 21, 22) (a) Disassemble all valves completely. Remove and separate ~he two ¢2) rings of packing. Retain the top ring for a second use. This will be placed on the bottom position of the valve stem. Always discard the bottom ring. Inspect ~he valve parts for the following defects which will be cause for condemning or rework. Stems which are broken, burred, or have worn, corroded or gouged threads. (4) Bodies which have badly worn, corroded, or gouge~thrssds, either inside the body, at the outlet, packing nut area (top), or inlet (bottom). Packing glands that ere worn, corroded, or cracked. Packing nuts that are cracked, or have worn or corroded threads. JCFTFL 0000892 ~ 10/27/92 (2) Cleaning Clean all stems. Clean all valve bodies using the Valv~ Cleaning Machine. (Refer to Producti~ Manual, Sect. VI!I) The packing glands, top and bottom, and=he packing nut are cleaned in the small glas~ bead blast tumbler. Inspection and Repair (a) Valve Body ¢1) Carefully inspect the cleaned bodies for the following defects which are cause for rejection: a. ExcessiTM wear, corrosion, or pitting. be Deterioration of the fusible metal in valves with poured fuse plugs. (2) (3) c. Severe thread damage that is not repairable. All threads must have integrity to ensure good engagement with stem, outlet cap, packing nut and cylinder/ton openings. Minor nicks or worn outlet threads can be corrected with a re-threading tool (Superior Valve Part No. 1547). The proper tool must be used~ as the outlet threads are not standard pipe threads. Bad or worn threads in the valve body, which result in poor contact with the stem, are one of the causes of a spinner or merry-go-round condition, and a reason for rejection cf the valve body. Valve seats must be flat and smooth. Reseat/rig should be performed when requ/red using the proper reseating tool,(See page 5, Chlorine Valve Reseating Tool Instruction Sheet) If the seat does not c6n=ain enough metal, this can also' cause a spinner or merry-go-round condition. ~ 10/27/92 JCFTFL 0000893 EOTE: PRV 3 The reseating tool must be kept sharpened and replaced when it no longer cu=s the me~al seat. (4) The valve outlet face must be free of nicks and defects that Will prevent a good seal. Minor nicks can be corrected with a file or vertical belt sander. Fuse Plugs (See DWG. #3) The fuse plugs in cylinder valves must show no signs of leaking or deterioration of =he fusible metal. (~IT?ING, HOLES, grainy tex=ure, m~sslng or easily removed lead). (c) Packing Glands The upper and lower packing glands must be inspected for signs of cracks or corrosion. A comparison.should be made with a new one for sizing. (d) Packing Nut and Outlet Cap Threads The packing nut and outlet cap must have good threads to provide good contact and seal properly. (4) Assembly of Chlorine Valves First apply the packing ring which was retained for a second .use on the bottom position. Second apply a new Garlock 6130 Polyester Reinforced Graphite Packing Ring on the top position. NOTE: Always check for sign of deformity, cuts a~d/orimpressions. If noticeable, discard ring and apply two (2) new ones. (5) Testing (Refer to DWG. ~4) (a) With the valves in the closed position, without outlet caps, insert :wo valves into the tester. The valves are i~-rsed in water by either rais/ng the container or lowering the valves. Nitrogen at 500 psig pressure REV 10/27/92 JCFTFL 0000894 is applied =o ~he valves for fifteen ¢15) seconds while ~he valves are ~m~ersed in the water. The water must cover the o.U=let. Any leak through the valve wall be detected by bubbles rising through the water. If a leak is detected.. Check the seal between the bottom of the valve and the test apparatus. 2. Tighten the fuse plug. 3. Open and close the valve and re-=est. Dismantle and re-inspect valve body seat and stem surface and re-=es=. Dry the vaIve by blowing with 30 psig pressure air. (c) After dry%rig, apply a coating of clear lacquer, i.e., Impervo 440 by Benjamin Moore or equivalent. CHLORINE VALVE RESEATING TOOL INSTRUCTION SHEET a. P~.ior to veworking, the valve bo~y shoul~ be u~ snoulu me mlown clean with compressed air. This.will insure obta.ining the longest life poss/b~e for t-he cutting tool by removing the corrosive products which form in any ,hl~;,~ valve body. Although these pa~icl~s-~; .... very fine, they ere quite hard and have a .~is=inc= tendency =o dull the surface of c~tting tools if they are no=' ~emoved. The body should be examined for nicks, scratches or corrosion of the sea=. If needed, proceed as below. Secure the valve body in the vise. Inser~ the reseating to~l into the cleaned valve body andpull the nut up hand (See DWG. $5) JCFTFL 0000895 e, PRV 5 Put an additional 1/4 to 1/2 tur~ beyond hand tight engagement on the nut. This will maintain the proper amount of compression.on the cutting base of the tool. Normally this extra 1/4 to 1/2 turn on the nut will be the maximum that is required to reface a valve; however if the seat has been deeply embedded i~ the valve body it may take another quarter to half turn. After the nut has been tightened the proper amount, a standard valve wrench can be used to turn the refacing stem. After a suitable n-mher of turns, which will depend on the hardness of the body material, the tool should be ~nthreaded from the valve and the seat examined to determine the additional refacing required, if any. This will also afford the operator an opportunity to remove excess chips from the valve internal. If additional reworking is needed, the nut should be pulled down to the same n,,~her of turns initially applied. Assuming that the above are strictly adhered to, it is es=imated that the useful life cf this tool-should range between 500 & 2500 refacing operations before regrinding of the blade is necessary. First of all the distance between the cutting edge of the tool and the rest_raining shoulder is rather critical. This shoulder will seat at the bottom of the packing chamber in The Chlorine Institute valve when the maximum reseating depth has been reached. On the tool this dimension is held at 1.71 in. plus or minus .002 in., and When the .cutting blades of the tool are. ~eground a sufficient amount, the same amount must be faced off the underside of the shoulder to main=ain the above dimension. ~ 10/27/g2 JC FT FL 0000896 valve Stem Packing PR V ? Packing Packing Packing ~utlet ~. JC FT FL 0000897 JONES CHEMICALS, INC. CALEDONIA, NEW YORK sCALE-- -- DFJ. WING NUMBER #3. Valve Stem '"~acking Glan~ Packing Packing Colla / Melting Point of Fusible Metal: i58~ to Packing N FUsibl~ Plug Outle~ ,4, JC Fr FL 0000898 JONES CHEMICALS, INC. CALEDONIA~ NEW YORK S~.AL~ -- DRAWING NUMBER ~" ~'~" #2 CHI.OR A1 KAL1 P R 01) LTCTR · OCEA~ NETWOi~K ~RGff, NCY pRn _~_. 1-888-2891-911 THIS MATERIAL SAFETY DATA SHEET (MSDS) HAS BEEN PREPARED IN COMPLIANCE WITH THE FEDERAL OSHA HAZARD COMI4UNICATION STANDARD, 29 CFR 1910.1200. THIS PRODUCT MAy BE CONSIDERED TO BE A HAZARDOUS CHEMICAL UNDER THAT STANDARD. (REFER TO THE OSHA CLASSIFICATION IN SEC.I.) THIS INFORMATION IS REQUIRED TO BE DISCLOSED FOR SAFETY IN THE WORKPLACE. THE EXPOSURE TO THE COM14UNITY, IF ANY, IS QUITE DIFFERENT. I -- PRODUCT IDENTIFICATION Product Name: Chlorine Synonyms None Chemical Family: Halogen Formula: CI= Use DescriDcion: Chlorinaclng and oxidizlng agen:, disinfec:ant, organic ssrn:hesis, wacer and wascewa=er treatment, plastics, Dharmaceu~icals Hazard Classification: Irritan~ or corrosive; skin, eye and lung hazard; toxic by inhalation; compressed gas; oxidizer Revision No.: ........... Revision Date: 5/10/99 Product Codes: 105015, 105189 .... File No.: MSDS0100 II - COMPONENT DATA Product CAS or Chemical Name: Chlorine ........ CAS Number: 7782-50-5 Percen=age Range: 98-100 Volume percent Hazardous Per 29 CFR 1910.1200: Yes ExDosure Standards: ..................... OSHA (PEL) .... _. AC IH<TLV} TWA: None None 0.5 1.5 CEILING: 1 3 None None STEL: None None 1 ...... 27~"' III - PRECAUT/ONS FOR SAFE HANDLZN~STO~AGE DO NoT TAKE'INTERNALLY'. AVOID CONTACT WITH SKIN, EYES AND CLOTHING.- UP~0N~C~ WITH SKIN OR EYES, WASH OFF WITH WATER. DO NOT BREATHE GAS OR VAPOR. 1 of 11 Olin STORAGE CONDZTZONS= Store in a cool, dry, well-ventilated place. DO NOT STORE AT TEMPERATURES ABOVE: 59 Deg. C (140 Deg. F) PRODUCT STABZL~TY SHELF LIFE LIMITATIONS: Indefinite NOTICE - Should not be repackaged except by qualified and trained personnel. INCOMPATI~LE MATERIALS FOR PACKAGING: INCOMPAT±~E MATERIALS FOR STORAGE OR TRANSPORT: Alkalis, reducing agents, organic materials IV - PHYSICAL DATA Appearance: Melting Point: Freezing Point: Boiling Point: Decomposition Temperature: Specific Gravity: Greenish liquid or gas -101 Deg.C (-149 Deg.F) -34 Deg.C (-29 Deg. F) None Not applicable 88.4 lb. per cubic feet at 63 Deg. F Bulk Density: pH ~ 25° C:. Not applicable yapor Pressure ~ 25° C: 114 psi Solubility in Water: Miscible I Volatiles, Percent by Volume: 100 Evaporation Rate: Beat of Vaporization: 123.67 BTU per pound Vapor Density: Approximately 2.5 (0.7537 lb. per cubic feet a= 32 Deg. F) Molecular Weight: 71 Product is: A compressed gas Odor: Acrid Coefficient of OilfWater No Data Distribution: V - PERSONAL PROTECTIVE EQUIPMENT REQUIREMENTS Personal Protect/on ~or Rou~ina Uae of Pro~u~=~ Respiratory Protection: If air concentrations above the TLV are possible, wear a NIOSH approved respirator Ventilation: Use local exhaust ventilation to maintain levels to below the TLV. Skin and Eye Protection: Wear gloves, boots, apron and a face shield with safety glasses. A full impermeable suit is recommended if exposure is possible no large Dor~ion of body. 2 of 11 Olin Other: i Emergency eye wash and safety showers must be provided lin the immediate work area. Equipment Specifications (}hen Applicable): Respirator Type: Wear NIOSH approved full-face respirator equipped w~th chemical carnridges for chlorine gas. Protective Cloth~n~ Type: GL0V~ TYPE: Neoprene, or butyl rubber /This includes: gloves, boots,. BOOT TYPE: Neoprene, or butyl rubber apron, uro=ec:~ve su~=.; APRON TYPE: Neoprene, or butyl rubber PROTECTIVE SUIT: see section XI. additional informanion for VI - F~E A~D EXPLOSZON HAZAaD INFOm~ATZON Flammability Da~a~ Explosive: N/A Flammable: NO Combustible: ~No /~--~ Pyrophoric: No Fl~h Poinn: Autoi~nition Tempera=ute: Flammable Lin%its au Normal Atmospheric Temperature and Pressure (Percent Volume in Air): Not Applicabls 'Not Applicable LEL - Not Applicable D'EL - Not Applicable Health: 3 Fl~mma--hility: 0 Reactivity: I 0 Special Hazard Warning OXIDIZER ~ZS Ratings: Health: 3 Fl~."-~bili=y: 0 Reactivity: I 0 Extinguishing Media: Use extinguishing media compatible uo surrounding materials. Fire Fi~htim~ Teohmiques ~d C~encs: Use wa~er no cool connainers ex-Dosed no fire, however, direct spray between fire and containers. DO NOT spray direc~iy on container unless absolutely necessary. Water reactive material; DO NOT s~ray with waner. Contact with reactive me=als e.g., aluminum may result in the generation of flammable hydrogen gas. See Section 11 for protective equipment for fire fighting. 3 of 11 Olin CHLOR A1 _leAH ~RODI3'~TS VIi - REACTIVITY INFOP/~ATION Conditions Under W~ioh This Product May Be Unstable: Tempera=utes Above: None ~ Mechanical Shock or Impact: ~ No Electrical (Static) Discharge: No Other: Reacts vigorously with titanium, zinc, tin I Hazardous Polymerization: Will no= occur Incompatible Materials: Alkalies, reducing agents, organlc materials Hazardous Decomposition: Hydrochloric acid, hyt~ochlorous acid Other: Titanium will teac= vlgorously, res=icing in spontaneous ignition, when con=acted by DRY Chlorine. Combustion will be supported in carbon steel systems and equipment containing a Chlorine environment an tempera=utes greater than 480 Deg. F. Properly purge systems and equipment PRIOR to conducting Hot Work. Summary of Reactivity: Explosive: N/A Oxidizer: Yes : Pyrophoric: No ~ Organic Peroxide: No Water Reactive: Yes- Corrosive: Yes VIII: - FZ~ST AZD ~s i Immediately flush with large amounns of water for a= leas= 15 minutes, occasionally i lifting the upper and lower eyelids. Seek medical a==ention at once. Skin ['Immediately flush with water for a= leas= 15 minutes. Seek medizal a==en=zon. If clothing, shoes and/or jewelry come in con=ac= with the product, they should be removed immediately and laundered before re-use. Immediately drink large ~uantities of water. DO NOT induce vomiting. Seek medical attention a= once. DO NOT gzve anything by mouth if the person is unconscious or if having: convulsions. 4 of 11 Olin CHLOR A1 KAI"i' Inhalation If person exper!ences nausea, headache or dizziness, person should stop work i=~ediately and move =o fresh air until these symptoms disappear. If breathing is difficult, adminis:er oxygen, keep the person warm and at rest. Seek medical attention. In the even: that an individual inhales enough vapor to lose consciousness, person should be moved =o fresh air at once and seek medical attention immediately. If breathing has suopped, artificial respiration should be given immediately. In all cases, ensure adequate ventilation and provide respiratory protection before the person re=urns =o work. tX -- TOXICOLOG~Y AND ~L~ALTH INFORMATION Routes of ~.bsor~=lon Tnh~l~ion, skin, eye, ingestion Warni~%g Statements and Warn/~= Pro~erClea HARMFUL IF INHALED. CAUSES EYE, Skin AND RESPIRATORY TRACT BURNS. CAN CAUSE LUNG DAMAGE. Human Threshold Response Data Odor Threshold: ~Approximately 1.7 mg/m3 (0.3 ppm). Irri=ation Threshold: I The irri=ation threshold is approximately 0.5 ppm. Immedia=e!y Dangerous =o Life or Health: ' 10.0 ppm Si~s, Sym~om~ a~d Effects of Em~osure Inhalation Acute: Toxic if inhaled. Inhalation of this material is irritating to the nose, mouth, throat and lungs. It may cause inflammation to the respiratory tract with the Production of lung edema, which can result in shortness of breath, wheezing, choking, chest pain, and impairment of lung function. infl~ation of the respiratory tract is most evident in the upper portions, but bronchioles, alveolar ducts, and alveoli may also be affected. There is no evidence that acute inhalation of chlorine at low to moderate levels will cause permanent lung damage. At high levels, chlorine is corrosive to the respiratory tract and may cause lung Chronic: f Repeated i.rahalation exposure may cause impairment of lung function and I permanent lung d~mage. It may contribute to the development of / bronchitis, 5 of ll Olin CHLOR Al KALI Skin Acute: Dermal exposure can cause ~rritation characterized by redness, swelling and scab formation. Contact with liquid chlorine may cause burns with prolonged contact causing destruction of the dermis with impairment of the skin at site of contact to regenerate. Chronic: Effects from chronic skin exposure would be similar to those from single exposure except for effects secondary to tissue destruction Eye Irritation can occur following eye exposure to the gas with redness, pain, blurred I vision, and tearing. Contact with liquid chlorine may cause bu_~ns with impairment 'of vision and corneal damage. Ingestion AcuTe: If liquid is swallowed .irritation and/or burns can occur ~o the entire gastrointestinal tract, including the stomach and intes:ines, characterized by nausea, vomiting, diarrhea, abdominal pain, bleeding, and/or uissue ulceration. Ingestion is not a major route of exposure because chlorine is a gas au ~ room temperature. , Chroni~ There are no known or reported effects from chronic exposure. Medical Conditions Aggravated by Ex~osure i Asthmai resplra=ory and cardiovascular disease. Interactions Wit~ Other Ch,m~cals Which Enhance Toxicity i None k~ow or reported. A~4m~IToxicolo~y ACUTe Target Organ Toxicity Inhalation LC 50:293 ppm (~ hour, rat) Oral LD 50: No no= applicable. Product is a gas an room temperature. Dermal ILD 50: Not applicable. Product is a gas aT room temperature. Severe iirritant uo eyes and skin. Contact with the liquid chlorlne may cause burns to eyesI and skin. Contac= with chlorine vapor may cause severe eye irritation. Reprodu~uive and Developmental Toxicity I There a~e no know or reported effects on reproductive function or fetal ~development. Carcino~enicity t This prgduct is not know or reported to be carcinogenic by any reference source t inoludi~g IARC, OS~A, NTP, or EPA. 6 of 11I CHLOR _T LI Mutagenicity This product is not know or reported to be mu~agenic. Aquatic Toxicity LC 50 Bluegill: 0.44 mg/1/96 hours LC 50 Yellow perch" 0.88 mg/1/1 hr. LC 50 Channel catfish (fingerling): 0.07 mg/1/96 hfs LC 50 DaDhnia magna: 0.017 mg/1/46 hrs CHRONIC TARGET ORGAN EFFECTS IN LA~ORATORYANIMALS Inhalation exposure has produced Dathological change in the lungs and nasal . passages of monkeys and rats characterized by inflammation,-epithelial hyper~lasia ~ of loss of cilia. In addition, damage was observed in liver and kidneys from · treated rats. These effects were seen at concentrations much higher than those i expected from occupational exposure. X -- TRANSPORTATION ZNFORMATION THIS MATERIAL IS REGULATED AS A DOT HAZARDOUS MATERIAL. DOT Description from the ~azardous Materials Table 49 CFR 172.101: Land (U.S. DOT): t Cb_lorine, 2.3, UN1017, Poison Inhalation Hazard - Hazard /Zone B - Marine Pollutant Wa~er (IMO}: iSame as LAND above Air (IATA/ICAO): ~ FORBIDD~N Hazard Label/Placard:t Poison Gas, Corrosive ReDor=able Quantity: i10 lbs. (Per 49 CFR 172.101, ApDendix) Emergency Guide: I 124 XI - S~ZLL AND LEA~A~E PROCEDUreS i FOR ALL TRANSPORTATION ACCIDENTS, CALL CHEMTREC AT 800-424-9300. Reportable Quantity: This product is subject to a Re, or=able Quantity with respec~ to chlorine. RQs are subject to change and reference should , be made to 40 CFR 302.4 for the current requir-m-~ts. 7 of ll Olin CHLOR KAIJ Sp~ll ~£t£~ac~cm Procedures~ Hazardous concentrations in air may be found in local spill area and immediately downwind. Do not put water directly on this product as gas evolution may increase. This product may represent an explosion hazard, if in contact with incompatible 'materials. Remove all sources of ignition. Air Release: This material is heavier than air and may concentrate in low areas. Ambient air and water temperature must be considered if a water fog is used to .attempt absorption or dispersion. It must be 'understood that very little vapor may actually be absorbed and the gas may be dispersed to other areas. Contain all fog water for neutralization and treatment. Water Release: This material is heavier than water. Chlorine will sink and bubble into water to form a hy~ochtorous acid, which will later .self decompose to various materials. Stop flow of material and divert water to a holding area for treatment and neutralization. Land Spill: Dike area of spill and stop flow if safe to do so. Cover area of spill with foam to reduce air contamination. Begin treatment to material as soon as possible. Spill !Residues: DispoSe of per guidelines under Section 13,.WASTE DISPOSAL. This material may be neutralized for disposal; you are requested to co~tact OCEAN at 888-2891-911 before beginning any such operation. Person~l Protection for Eme.vgemcy ~111 and Firefi;hting In cas~ of fire, use normal fire fighting equipment. Forlresponse to Chlorine gas it is reconunended to use as a minimum level ~B" protection that is compatible to Chlorine and for Liquid spills it is recommended to utilize as a minimum en~ced level 'B# (Erihanced level'-B- is the addition of a splashlhood). Responders can reference Chlorine Institute pamphlet 965 on PPE. AddStional protective clothing must be worn to prevent personal con,act with this material. Those itents include but are not limited to: boo~s, gloves, hard hat, splash-proof goggles, full face shield and impervious clothing, i.e., chemically impermeable suit. Compatible materials for response to this material are neoprene and butyl rubber. Pro~ection concerns must also address the potential of the physical characteristics of this product as a co~m~ressed gas, corrosive and a poison. 8 of 111 Olin CH. LOR..A' KA ' P P. ODIJt':TS XII - WASTE DISPOSAL If =his product becomes a wasue, it meets the criueria of a hazardous waste as defined under 40 CFR 261 and would have the following EPA hazardous waste nur~ber: D003, D00i. If this product becomes a hazardous waste, it will be a hazardous waste which is subject ~o the Land Disposal Restrictions under 40 CFR 268 and must be managed accordingly. As a hazardous liquid wasue, it must be disposed of in accordance with local, state and federal regulations in a permitted hazardous wasse urea=men~, storage and disposal facility by :reatmen~. Chlorine can exls~ in a gaseous state, and con~rolled evaporation may be warranted. CARE MUST BE TAKEN TO PREVENT ENVIRONMENTAL CONTAM/NATION FROM THE USE OF THIS MATERIAL. THE USER OF THIS MATERIAL F. AS THE RESPONSIBILITY TO DISPOSE OF UAUJSED MATERIAL, RESIDUES AND CONTAI~'ERS IN COMPLIANCE WITH ALL RELEVANT LOCAL, STATE AND FEDERAL LAWS AND REGULATIONS REGARDING TREATMENT, STORAGE AND DISPOSAL FOR HAZARDOUS AND NONHAZARDOUS WASTES. XTTT -- i~-DDITIONAL i~EGULATORY STATUS INFO~_~TION TOXIC SUBSTANCES CONTROL ACT: This product is listed on the Toxic Substances Control Act inventory. NSF LIMITS: NSF Maximum Drinking Water Use Concentration - 30 mg/1 as chlorlne SUPERFUND AMENDM~MTS AND RRAUTHORIZATION ACT TITLE III: HAZARD CATEGORIES, PER 40 CFR 370.2: HEALTH: Immediaue (Acute) Delayed (Chronic) PHYSICAL: Sudden release of pressure Reactivity EMERGENCY PLANNING AND COMI~TJNITY RIGHT TO K~0W, PER 40 CFR 355, APP.A: EXTRF_/~ELY HAZARDOUS SUBSTANCE - THRESHOLD PLANNING QUANTITY: 100 lbs. SUPPLIER NOTIFICATION REQUI~S, PER 40 CFR 372.45: This mixture or tradename product contains a uoxic chemical or chemicals subject =o the reporting requirements of Section 313 of Title III of the Superfund Amendments and Reau~horization Act of 1986 and 40 CFR 372. CHEMICALS LISTED AP.E: Chlorine XIV - ia. DDITION]%L INFORF~ATION ,~SDS REVISION STATUS: The Chlor/Alkali HSDS Control Group update this MSDS May, J 1999. 9 of 11 CHLOR ALKALI !. Teratogenic Study with Monosodium Cyanurate Plus Chlorine in Albino Rats. Industrial Bio-Test Laboratories, Inc., 1810 Frontage Road, Northbrook, Illinois 60062, IBT NO. B758c. April 18, 1972. 2. Barrow, C. S. et al. An Inhalation Toxicity Study of Chlorine in Fischer 344 Rats following 30 Days of ExPosure. Toxicology and Applied Pharmacology 49, 77-88 (1979). 3. Shimizu, H. et al. The Results of Microbial Mutation Test for Forty-Three Industrial Chemicals. Jpn. J. Ind. Hea!~h, Vol. 27, (1985). 4. Weil!, E. et al. Late Evaluation of Pulmonary Function After Acute Exposure to Chlorine Gas. American Review of Respiratory Disease, Volume 99, (1969). 5. Patil, L. R. S. et al. The Health of Diaphragm Cell Workers Exposed to Chlorine. American Industrial Hygiene Association Journal, Volume 31. November-December, 1970. 6. Rotm~%n, H. H. et al. Effects of low concentrations of chlorine on pulmonary function in humans. J. Appl. Physiol.: Respir. Environ. Exercise Physiol., Vol. 54 ISS 4, 1983. 7. Ploysongsang, y. e= al. Pulmonary Function Changes After Acute Inhalation of Chlorine Gas. So. Med. J. 75, 23. (1982) 8. Hasan, F. M. eu al. Resolution of Pulmonary Dysfunction following Acute Chlorine Exposure. Archives of Environmental Health, Vol. 38, Pg. 76. (1983) 9. Chester, E. eu al. The Prevalence of Chronic Obstructive Pulmonary Disease in Chlorine Gas Workers. American Review of Respiratory Disease, Volume 99. (!969). 10. Klonne, D. R. eu al. One-Year Inhalation Toxicity Study of Chlorine in Rhesus Monkeys CMacaca mulatma). Fundamental.and Applied Toxicology 9, 557-372. (1987). 11. Jones, R. N. eu al. Lung Function after Acute Chlorine Exposure. Am. Rev. Respir. Dis., 134(b), p 1190-1185. (1986). 12. Grant, W. M. Toxicology of the Eye. Second Edition, Illinois: Charles C. Thomas, 1974. 13:. Ellenhorn, M. J. and D. G. Barceioux. Medical Toxicology, Diagnosis and Treatment of Human Poisoning. New York: Elsevier, 1988~ 14. Conlon, P. C, Ed. Emergency Action Guides. Association of American Railroads. (1984). 15. Winclholz, M. e= al. Eds., The Merck Index. An Encyclopedia of Chemicals, Drugs, and Biologicals. Tenth Edition. {1983). 16~ Occupational Health Guideline for Chlorine. U.S. Department of Health and Human Services, September 1978. 17, Material Safety Data Sheet, 0HS04600. Occupational Health Services, Inc., P. 1-11. 10 of 11 CHLOR A1KAL/ THE INFORMATION IN THIS HAT,RIAL SA~m-a.f DATA Sh~T SHOULD BE PROVIDED TO ALL WHO WILL USE, HANDLE, STORE, TRANSPORT, OR OTHERWISE BE EXPOSED TO THIS PRODUCT. THIS INFOP~HATION HAS BE]~' PREPARED FOR TH~ GUIDANCE OF PLANT ENGINEERING, OPERATIONS AND MANAGEMENT AND FOR PERSONS WOP/~ING WITH OR HANDLING THIS PRODUCT. OLIN BELIEVES THIS INFOP~MATION TO BE RELIABLE AND UP TO DATE AS OF THE DATE OF PUBLICATION, BUT F~KES NO WARRANTY THAT IT IS. ADDITIONALLY, IF THIS M~TERIAL SAFETY DATA SHEET IS MORE THAN THREE YEARS OLD, YOU SHOULD CONTACT OLIN AT THE PHONE NUMBER LISTED BELOW TO MAKE CERTAIN THAT THIS SHEET IS CURRENT. ORC ~SDS CONTROL GROUP 01in ChlorAlkali 1186 Lower River Road P.O. Box 248 Charleston, TH 37310 Phone Number: (888)-658-w~ (6737) il of 11 Requested City Cornmssion Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19,2001 [] July 3, 2001 V-CONSENT AGENDA ITEM B-7 % NATURE OF AGEI4~DA ITEM [] Administrahve [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to award t~e "EXTERIOR PAINTING OF CITY HALL COMPLEX/GARAGE LOCATED AT 100 E. BOYNTON BEACH BLVD. AND Tkl~ PUBLIC LIBRARY LOCATED AT: 208 S. SEACREST BLVD.", BIDg039-2511-01/CJD, to IRON WILL PAINTING, LLC of Venice, Florida in the amount of: $22,940.00. EXPI~ANATION: On February 28, 2001, Procurement Services received and opened (13) thirteen bids for the "EXTERIOR PAI2NTI31G OF CITY HALL COMPLEX/GARAGE LOCATED AT 100 E. BOYNTON BEACH BLVd. AND THE PUBLIC LIBRARY LOCATED AT: 208 S. SEACREST BLVD." After review of the (13) thirteen prop~sais, tt was determined that Harold Cummins Painting, Inc. was the lowest bidder, yet after consideration he realized he was unable to do the project for the amount bid, he withdrew his bid per attached note. Therefore, IRON WILL PAINTING, LLC is the most responsive, responsible bidder who meets all speqifications and is being recommended as the awarded vendor. Richard Fiege, Facilities Management Supervisor, concurs with this recommendation (see attached Memo g01-038). PROGRAM IMI~ACT: The purpose of this bid was to seek painting contractors to prepare and paint City Hall Complex/Garage and the Public Library. FISCAL IMI~ACT: DESCRIPTION: BUILDING IMPROVEMENTS Deputy Director of Financial Services ACCOUNT NUMBER: BUDGETED AMOUNT: 001-2S11-S19-62.01 $37,500.00 City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources SSB~LETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC C: Richard Fiege- Facilities Management Supervisor File RESOLUTION NO. R 01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID (NO. 039- 2511-01/C]D) TO IRON WILL PAINTING, LLC, FOR THE EXTERIOR PAINTING OF CITY HALL COMPLEX/GARAGE AND THE PUBLIC LIBRARY, IN THE AMOUNT OF $22,940.00; AUTHQRIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, Procurement Services received and opened Bids for the above project on February 28, 2001, and it was determined that Iron Will Painting, LLC of Venice, Florida, was the most responsive bidder who met and exceeded all specifications; 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, hereby approves the award of a bid for the exterior palming of City Hall Complex/Garage and the Public Library in the amount of $22,940.00, to Iron Will Painting, LLC, of Venice, Florida, and authorizing the Mayor and City Clerk to execute a Contract between the parties, a copy of which is attached hereto as Exhibit Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS __ ATTEST: City Clerk (Corporate Seal) . day of April, 2001. CITY OF BOYNTON FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner BEACH, ~zZ> ~ ~oZ~ cc m~ ~> ~!~ o ~ ox om m< ~ mC ~ m o ~ Z Z ~ 0 O~~C m ~ 0 m m _ z~ ~ ~ ~ o~ Z ~ m > ~ ~ m o mo o o ~ ~ ~ b b 0 - ~0 m m~ b b ~ - ~m o o o m O0 < Z z ~00 mm zz .. 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RECEIVED TO: VIA: FROM: DATE: SUBJECT: DEPARTMENT OF PUBLIC WORKS MEMORANDUM #01-038 Bill Atkins, Deputy Finance Director PROCUREMENT Jeffrey Livergood, Public Works Directo~r--:'-~w Richard Fiege, Facilities Management Supervisor March 20,2001 Exterior Painting of the City Hall Complex/Garage and Library Award for Bid #039-2511-01/CJD Please award this Bid to the second lowest bidder, IRON WILL PAINTING LLC of Venice, Florida, for the following bid price. City Hall Complex/Garage $17,500 Library $5,440 TOTAL BID AMOUNT: $22,940* *Funding budgeted in Facilities Account #001-2511-519-62.01 ($37,500) While reviewing the bids submitted it was noticed that the low bidder, HAROLD CUMMINS PAINTING, INC., did not attend the Pre-Bid Conference and did not provide a Site Inspection Sheet. Therefore on March 19, 2001, I contacted Mr. Harold Cummins by phone to verify that his bid was otherwise complete and at that time he stated that he missed most of the buildings included in the bid and that he could not honor the bid price he submitted. Please contact me if you need any additional information in order to place this item on the April 3~d Commission Agenda. PL/RF/pl e3/21/28el 88:37 55137562i3 BOYNTON F~CILITtES PAGE 3/2i/0i This r~presents the withdrawal of Harold Cumins bid dated: February 28, 2001. After Richard Fiege contacted him and reviewed the Scope of Work, he realized he under bid. the project. Procurement Services CONTRACT THIS AGREEMENT, made and entered into this 4th day of April, A.D.2001, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and IRON WILL PAINTING. INC. a Florida Corporation ( ) a Florida General Parmership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) Check One hereinafter called "CONTRACTOR". WITNESSETH That under the due procedure of law, bids were heretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, had determined that the bid in the total amount of Twenty-two thousand, nine hundred and forty dollars and 00/100 submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated February 28, 2001, which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and speciftcations for: Bid Title: EXTERIOR PAINTING - CITY HALL COMPLEX/GARAGE AND THE PUBLIC LIBRARY Bid Number: #039-2511-01/CJD City of BoYnton Beach, Florida, all of which are incorporated herein by reference at such unit prices/or lump sum prices as specified in CONTRACTOR'S bid totaling $22,940.00. 23 2.0 SCOPE OF SERVICES 2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract conditions, supplemental general conditions and special conditions of the contract, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 2.2 All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and CONTRACTOR accepts and consents to the conditions contained ha said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. 2.3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the City Engineer of the City and strictly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and City Engineer of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. 2.4 Upon receipt of written notification fi.om the CITY, to correct any defective or faulty work or materials which may appear within one (I) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 2.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Fumish release of liens forms fi.om all subcontractors and suppliers of materials. Forms to be supplied by CITY. 2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 24 Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. 2.8 The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9 Upon completion of the work, the City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The fight of general supervision of the CITY as hereinafter provided under "authority of the engineer" shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights and liabilities of an independent contractor. 2.10 After the cleaning up of the work, premises, streets, alleys, manholes, catch basins, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, add any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefor. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 2.11 The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring fzom any cause. 3.0 COMMENCEMENT OF WORK 3.1 CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 90 days following the commencement date as specified in same. 25 4.0 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with herein before set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the amount stipulated therefore in the special conditions or in other documents for each and every calendar day that the CONTRACTOR shall be ~n default of completion. The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 3.3 CONTRACTOR shall, as soon as practicable, after signature of conuract, notify City Engineer in writing of names of subcontractors proposed for principal parts of work, and for such others as City Engineer may direct, and shall not employ an that architect may, within a reasonable time, object to as incompetent or as unfit. LIQUIDATED DAMAGES 4.1 The CONTRACTOR further agrees to pay $250.00 per day as liqtddated damages, for failure to begin within ten (10) days of '`Notice to Proceed" or failure to complete the work within 90 calendar days from the commencement date to be Indicated in the written "Notice to Proceed". 5.0 PROTECTION OF EXISTING FACILITIES 5.1 The CONTRACTOR warrants that puces include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the- progress of the work, or from insufficient support thereafter;, also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatc:xing of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense Incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. 26 6.0 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owrier or owners for the removal and replacement or protection of such property or utilities. INDEMNIFICATION 6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of sermces under this Agreement. 6.2 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising fi:om this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, spe/ific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 6.3 The execution of tiffs Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance prowsions which are set forth in Attachment "A" herein. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct fi:om the other. 6.4 The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 27 7.0 PAYMENT BY CITY 7.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. 8.0 CHANGES IN THE WORK 8.1 The CITY, without invahdating the Contract, may order extra work or make changes by altering, adding to or deducting fi:om the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 8.2 All change orders and adjustments shall be in wailing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 8.3 The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: 8.3.1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 8.3.2 Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for extras will be considered or allowed by the CITY. 8.3.3 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained fi:om the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.3.4 Changes in the work directed in writing by the CITY'S Representative under the following procedures shall become a part of the Contract by a written. Change Order. 8.3.5 Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY'S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. 28 8.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the folloWing procedures before a written Change Order is issued: 8.4.1 By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantifies exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer, the unit price shall be subject to review to determine ifa new unit price should be negotiated; or 8.4.2 If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the CONTRACTOR; or 8.4.3 By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4.3.1 The CONTRACTOR shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and mounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2 The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 8.4.3.3 Where it is indicated that the Contract is Federally or State assisted, the CONTRACTOR'S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. 8.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed forty (40) pement of direct labor costs. 29 9.0 8.&3.5 In no case shall:~ ~0NTRACTOK and Subcontractors' general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 8.4.3~6 In no case shall the CONTRACTOR'S cost for administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. 8.4.3.7 For special equipment and machinery such as power driven pumps, concrete mixers, tracks, and tractors, or other equipment, required for the economical performance of the authorized work, the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, "Rental Rates for Construction Equipment". Rate shall be dally, weekly or monthly as appropriate. 8.4.3.8 Records of extra work done shall be reviewed at the end of each day by the CONTRACTOR and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted dally records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. 8.5 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. PROJECT ENGINEER 9.1 The project engineer shall be RICHARD FIEGE, MAINTENANCE SUPERVISOR. 9.2 The Engineer shall have general supervision and direction of the work. The Engineer is the agent of the CITY only to the extent provided in the contract documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR written authority. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. 30 9.3 As the Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his power under the contract to enforce its faithful performance by both. 10.0 INSURANCE 10.1 The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations connected herewith, and whenever any of the work in the contract is to be sublet, CONTRACTOR'S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the insurance requirement schedule attached as Attachment "_A". 10.2 Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (I 5) days in advance of cancellation, nonrenewal or adverse change. Contractor agrees to finnish policies if Certificate of Insurance i5 not acceptable. 10.3 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in case of emergency. 11.0 GUARANTEE AND WARRANTIES 11.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. 31 12.0 TERMINATION OF CONTRACT 12.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his propertyi if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the CONTRACTOR shall not, prior to the effective date of terminatiun set forth in such notice, take such measures as will, in the judgment of the City Manager, ensure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY'S action and the Surety shall within ten (10) days of receipt of said notice remedy the default or the Surety shall as expeditiously as possible: 12.1.1 Complete the contract in accordance with its terms and conditions, or 12.1.2 Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under tiffs paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof. The tcmn "balance of the contract price", as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. 32 13.0 CONTRACT CONTROLS 13.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. 14.0 TIME OF ESSENCE 14.1 Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence 0fthe contract. 15.0 REMEDYFORDELAY 15.1 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 15.2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.3 All requesls for extension of time to complete the work shall be made in accordance with the General and Special Conditions. 15.4 For the purpose of this section the phrase "the CITY, its agents and employees" shall include but shall not be limited to the architect, project manager and consulting engineers. 33 IN WITNESS WHEREOF, the CITY has ~au~ed these presents to be signed by its Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. signed, sealed and wimessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA Mayor Attest: Approved as to Form: City Clerk City Attorney signed, sealed and wimessed in the presence of: Contractor Presid~mt or the Vice President Attest as to Contractor 34 State of Florida County of Palm Beach ) On this day of ,2001, personally appeared before me duly authorized to administer oaths to me known to be the persons described herein and who executed the foregoing instrument and have acknowledged before me and they have executed same. Notary Public My Commission Expires: 35 BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREIVlENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Mailing Date (City): January 25, 2001 Bid Title: EXTERIOR PAINTING OF CITY HALL/GARAGE COMPLEX AND TIlE PUBLIC LIBRARY Bid Number: #039-2511-01/CJ1) Bid Received By: FEBRUARY 28, 2001, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified othemdse. Bid receiving date and time is scheduled for: FEBRUARY 28, 2001, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Feder~I.D. Number: A Corporation of the State off Area Code: Telephone Number: Mailing Address: City/State/Zip: Vendor Mailing Date: Authorized Signature Name Typed 36 Requested City Conmaission Meeting Dates [] March 20, 2001 [] ApfiI 3, 2001 [] April 17, 2001 [] May 1,2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] Jmae 19, 2001 [] July 3, 2001 V-CONSENT AGENDA ITEbl B-8 Date Final Form Must be Turned in to Ci~ CI~k's Office May 2, 2~1 (5:00 p.~) ~y I6, 2~1 (5:00 p.m.) Jme 6, 2001 (5:00 p.m.) June 20, 2~1 (5:00 p.~) NATURE OF AGENDA ITEM [] Admini~lxative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Annotmcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to award RFP #040-1510-01/CJD to: GEOGRAPHIC TECI-131OLOGIES GROUP, INC. for the "GEOGRAPHIC INFORMATION SYSTEM IMPLEMENTATION PLAN: FISCAL YEAR: 00-01' in the amount of: $284,600.00 plus field data collection at $18.50 per point, not to exceed $85,150.00 for a total of: $369.750.00. EXPLANATION: On March 2, 2001, Procurement Services received and opened five (5) proposals for "THE GEoGRAPHIc INFORMATION SYSTEM IMPLEMENTATION PLAN: FISCAL YEAR '00-01". An employee based GIS committee evaluated and ranked all five (5) proposals (see attached ranking). It was determined to award this project to: GEOGRAPHIC TECItNOLOGIES GROUP, INC. of Boynton Beach, Florida as their proposal was the molt responsive, responsible proposal. This company was awarded Part One of the GIS Design & Implementation Plan of 2000 at the May 16, 2000 Commission meeting. Regina Hagger concurs with this recommendation (see attached memo). PROGRAM IMPACT: The purpose of this RFP was to seek a Consultant to implement the citywide needs assessment after establishing the criteria in Part I of the GIS study. Part Two Of the 2001 RFP was a sealed proposal process that determined costs for the different sections determined by Part I Of the GIS Plan, such as: Database Design and Data Canvegsion, Software Applications, Arc Logistics Route Initiative, Image Conversion, Annual GIS Plan Update, Water & Wastewater Infrastructure, and Storm water Inventory. FISCAL ]MI~ACT: ACCOUNT DESCRIPTION: GIS SYSTEM OTHER CONTRACTUAL SERVICES TOTAL: ACCOUNT #: 001-5000-590-02-53 001-1511-513-49-17 BUDGETED AMOUNT: $141,340.00 $228,410.00 $369,750.00 S:~BLrLLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC C: Regina l-Iagger - GIS Coordinator File CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: To enable the City of Boynton Beach to have an automated information system through digital mapping and associated database from real world observations 13e~uty l~rector of Finsncial Services Procurement Services Department Name City Manager's Signature City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC C: Regina Hagger - GIS Coordinator File RESOLLrrIoN NO. R 0l- A RESOLUTION OF THE crrY COMMISSION OF THE ClTY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF AN RFP (NO. 040- 1510-01/CJD) TO GEOGRAPHIC TECHNOLOGIES GROUP, INC., FOR THE GEOGRAPHIC INFORMATION SYSTEM IMPLEMENTATIONS PLAN: FISCAL YEAR 00-01, IN THE AMOUNT OF $369,750.00; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Procurement Services received and opened Bids for the above mentioned project on March 2, 2001, and it was determined that Geographic Technologies Group, Inc., of Boynton Beach, Florida, was the most responsive bidder who met and exceeded all specifications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY ~OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, ereby approves the award of an RFP for the Geographic Information System Implementation Plan: Fiscal Year: 00-01, in the amount of $369,750.00, to Geographic Technologies Group, Inc., of Boynton Beach, Florida, and authorizing the Mayor and City Clerk to execute a Contract between the parties, a copy of which is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS __ day of April, 2001. CITY OF FLORIDA BOYNTON BEACH, Mayor Vice Mayor Commissioner Commissioner Commissioner kTTEST: City Clerk (Corporate Seal) T<~: Bill Atkins I:rom: Regina Hagger, GIS Coordinator CC: Carol Doppler, Peter Wallace, Cathy McDeavitt Da~. 03/20/01 R~ GIS Information System Implementation Plan: Fiscat Year 200-01, RFP/A~0-1510-01/CJD The GIS RFP Committee is comprised up of the following City Staff Members: · Peter Mazzella, Utilities · Derek Hemandez, Fire-Rescue · Nancy Byme, Development · Chris Roberts, Public Works · Carol Doppler, Procurement · Barbara Meacham, Parks · Regina Hagger, GIS The City of Boynton Beech RFP Committee used the following criteda as a guideline for evaluating each prdposal, listed in order of importance: 1. i Experience of the project management team in successfully completing similar studies, resulting in the i successful implementation of enterprise-wide GIS in similar municipal environments. (50%) Stability and reliability of the company. (20%) Proven track record of completing project, s within the established schedule and within the established budget. (10%) 4. J Ability of the company to perform all necessary services using their employees rather than sub-contractors. ~ (10%) 5. Cost (10%) Th~ following is the Final Recommendation of the RFP Committee: · Geographic Technologies Group, Inc. Please see the attached information for further detail on the consultants' qualifications. Attached is the final ranking spreadsheet with the committee's comments. Funds are available for the RFP: 001-5000-590-02-53(Reserve) 001~1511-513-49-17 Total Available $237,045.40 $260,860.00 $497.905.40 Doppler, Carol '"-From: Sent: To: Cc: Subject: Hagger, Regina Tuesday, March 20, 2001 12:54 PM Atkins, Bill; Doppler, Carol Meacham, Barbara; Byrne, Nancy; Mazzella, Pete; Hemandez, Derek; Roberts, Christine; 'ltderek@hotmail.com' Results of the Bid opening Dear RFP Committee: Here are the results of the Bid opening for the GIS RFP: Final Rank 1. 2. 3. 4, 5. Firm Geographic Technolgies Group C&CSolutionsANoolpert PlanGraphics LBFH/Panda Consulting IDAS,Inc. * · Submitted on sections 3, 5,& 6 only Notes: -Section 2: Section 3: Amount(exclusiveofperunitcostfor GPS Data Colle~ion ) $322,550.00 $598,045.00 $710,976.54 $239,000.00 $35,650.00* Field Book Application ($10,000) Deleted from the GIS RFP ArcGIS Editing Training deleted from the GIS RFP Z oO ow' Z -0 .-,. ° .~.00 C~"O '13 ~ ~_.mm ~ZZ (~ o.m.m Z ('3 ~oo ~0 -0'I:) ~> ._.~. 0 0 ~,~ ~>~ ~00 mm ~> FROM : CITY OF BOYNTGN BCW UTILIT2ES FA)< NO. : $617426298 Ma~, 2I 2~1 ~4~00PM PJ ~CTION 13 (Revised) COST PROPOSAL I~OILM Z)at~,* 5 Mm'ch, 2001 The undmmianed dc~lares that he has carefully examined the Request for thoreughi~ hmiiiar with its pmvSions and with the ~ of set~ called for, When submittln~ mote than on~ ptop0sal priee for this service, ipAi~at~ how many individual and/or oombL,,.ation }tern(s) ate to be ~5uleled and comideted. Attach a ~ta ptopo~i sheet for e~ch, The undersigned prol~SCs to deliver thc scrvic~ in accordance with the provi~ of the, fl0r Proposal for the sum et Sl~eeion ! _ De.abaca Daatan and Data Convetstoli (Lump Sum A4'reed*) e Database Demf~ and Specifications $ 10,000.00 · Year Oho Data Couversion and D~$ta Cteagon 1. aridscslayer $ 2,000.00 2. City O~cd ~Fib~r Layer per unit cost (unlt cost per lineal ibot) $ 3. City Prope~ Layer $ 4, Ecouomio Development Layer $ 5,000.00 . 5, Edge of Pavement Layer (unit oost pet lineal foot) $ 6. FEMA Fkx,:t Layer $ 5,000.00 7. Fire Hydtauts Layer (remit oos~ per hydrant) $ 8. Fke Raporting Area~ l.ayet $ :2,000.00 9. Oarbage Routes Layer $ 2,000.00 I0. Parks Layer $ 2,000,00 11. Police Zones &Repo. in8 Areas Layer $ 2,000.00 12, Seoiinns- i/4 Layer $ 2,000,00 13. Skiewalks Layer (unit cost ~r lineal foot) $ * 15. Streets Layer (unit east per lineal toot) 16, Utility Billing layer S 2,000. 17. Catch B&mim/Ynrd Inlets/Culverts Layer (unit cost p~ point) lit. Finished Water Mains Layer (unit oo91 per lineal foot)$ 19. Lift Stations Layer $ 2,000.00 20, Raw Water ~ Layer (~it cost ~ li~eal foot) $ * 21. Rechlmed Water Malrm Layer (unit ~ost pez iJnmd foot) $ * 22. Ran. sewer Parco Mains Layer (unit east pst lineal foot) :~3. S~m. Sewer Otavity Mains Layer limit eos~ per ilnea! foot) $ * 24. San. Sewer Main Valves Layer (unit east pem valw) $ 25. San. Sewer MallhOiea Layo~ (unit cost pet manhole) $ * 26. Stormv~er Mains Layer (unit cost per lineal foot) $ * 27. Wastcwat~r Pumping Stations Layer $ 2,000.00 28. Water Main Valves {.,myer (unit cost per valve) 29. Wate~ Supply Wells Layer $ 2,000.00 FROM : C~TY OF BOYNTON BCH UTILITIES FPX NO. : 5617426298 Totul SeetloB 1 (*flelud~o of l'er TJull CmO ~* *$~ ~m~ngObj~io~ ~ ~1 pm~s~n~ - ~on ] on ~Q 24 &s ~l ~ ~llowb$ FL~ ~k ~iint~n (City will ~r~F~e~ B~k ~*) ~ ~ A~llutbn (~e~ment, ~i n~ l~ ~rc ~ln~ 2S,0~.00 B~ldi~ P~it ~n~ 3,500,~ ~d~y Notiflutbn ~tbn Zo~ Not~bn A~l~n ~h~ Tr~king kppHc~n Work Or~ A~i~atb~ (d~ebpme~ ~ 3~r llcen~) Total ~tloa 2 ~ (Chy wHl o~du~t tr~uin$ in~lly) ~et~a 4.' A~v_~tl~ Route Initiative (~mm~ial mm~ only) ~l,oilst~ ~t~ S ~c~Si~k~ T~inin~ S 1,~,00 Totll ~ectien 4 ~ 30,~,~ =Se,:_*.~_ ! - MrSlD Imaic Conversion (r~duced) · ImaSw/Conq~ession Cost Total Seetlon S ~ S 2,0fi0;00 $ 2,000,00 ~lon 6 = AF~Pw4 _Initiative (City will purchse hardware) S~eetion ?-~l~llusl GIS Plan Uoda~e_ · Existing OlS Planbv~ $ ~'~ · ~aflOISP~visio~s $ 3,~.~ · p~ P~mt~n S 3~.00 · D~liy~bies: 1) ~ ~br ~pies oft~ Fi~l ~vL~ OIS Impb~n~n P~ $ 5~.~ 2) ~ di~ilnl ~ on CD-ROM ~ MI~ Wo~ ~ (.~) $ 0.00 FROM : CITY OF BOYNTCt4 BCH UTILITIES EAX NO, : 5617426298 Mir, 22 2~i 04:01PM P5 Toni S~oa '~ $ 6.000.00 _~,~et__l_fla 8 -Water ds W-,,~,~aar Infrastructure (reduced; · Field Data Colle~ion (City.wide inventory) Unit Co~t per da~a ~ollection point *lncludee liflework ermtlon a~d pre.project planni~ 1) A~In~o Covernges (.e00 format on CD-ROM) $ 0.00 2) Data D/ctiomry/Metadata for the a~ow Coveeages S 1.000.00 Total Section 8 (*exclusive of Per Unit Cost) $ 3,$00,00 ~.,~.t.19i 9., StormwsKer I. uventoFY (reguOM; eonvcrgon of bullet lincluded in Section · Field Dam Coll~otion (City-wide Invc~n~n,.) Unit Cost per data collection point Slnolud~ lineWo~ creation a~d pte-proje~ct planning · P~Oject Meetim~s · Deliverables: l) Arolnfo Cevernses (,e00 fbrn~t on CD-ROM) 2) Data Dlotiomry/Metadnta for ~%e ahwe CoveraGes Total Section 0 (*e~eJusJve of Per Unit 2,500.O0 0.00 I,O00.O0 TOTAL PROJECT COST $ 284, 60~,00' *S~ Aigre.~ent/Objoction Io Ckne. ral Pro~go~ - S~ion 1 on ~ 24 es well ~s followlnS Pqn It l~ f~t~r a~d t~t t~ ~e wl~ ~ completed a~ in~t~d ~m t~ ~wje~t ~c~le for~. COMPt~ NAM~ ,glONl~ Mr. Dnvid Holdstock P~/3tT'~D (919) 759-9214 CEO TEL£~HONE NTJMBEIt Tff~£ NOTE: THIS COST PROPOSAL SHALL BE SUBMITTED IN A SEPARATE, SEALED ENVELOPE, AND WILL REMAIN SEALED UNTIL AFTER ALL PROPOSALS ARE EVALUATED, THI~ CITY RI~SERVES THE RIGHT TO CONSIDER THIS PROPOSAL IN PART OR IN WHOLE CiTY OF BOYNTON BCH UTILITIES FPJ~ NO, : $6i742~98 Mar. 21 2881 04:02PM P~ Exemptions in ~ ~ ~ve~ ot ac ~g othgr ~L~ :aycr~, ~r ~iet. ~ 1 - To~I eot~ nt da~* cnnve~iofl ~nd datab~ ~dgfl ~ o ~ ~um - $12~,~ *E. xciu~i~ of Per T~nit Co~ I-, Secdon 8 and 9 CONSULTANT AGREEMENT FORM GEOGRAPHICAL INFORMATION SYSTEM IMPLEMENTATION PLAN: Fiscal Year: 2000-01 THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and GEOGRAPHIC TECHNOLOGIES GROUP. INC., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. PROJECT DESIGNATION. The Consultant is retained by the City to perform ConSultant services in connection with the project designated GEOGRAPHICAL INFORMATION SYSTEM IMPLEMENTATION PLAN: Fiscal year: 2000,01. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all wOrk product required pUrsuant to this agreement by SEPTEMBER 28. 2001 from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: ao Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $369,750.00 without express written modification of the agreement signed by the City. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. Final payment of any balance due the Consultant of the total contract price earned will be made Promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. 36 The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfiflly observe and comply with all federal, state and local laws, :qrdinances and regulations that are applicable to the services to be rendered under this agreement. iINDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a mimmum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount i of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of exeention of this agreement. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. i Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by vktue of the services provided under this agreement. The City shall not be responsible for withholding or othenvise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 37 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bunafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bunafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full mount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. t 1. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate On the grounds of race; color, national origin, religion, creed~ age, sex or the presence of any physical or sensory handicap inthe selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Aim: Re~,ina Ha~er 38 Notices to Consultant shall be sent to the following address: 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This :agreement may be amended only by written insmanent signed by both City and Consultant. DATED this __ day of ,20__ CITY OF BOYNTON BEACH Mayor Consultant Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attomey ReP. 1/22/91 Secretary 39 Requested City Commission Meeting Dates [] March 20.2001 [] April 3, 2001 [] April 17 2001 [] Ma) 1. 2001 City of Boynton Beach AGENDA ITEM REQUEST FOg Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:09 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18,2001 (5:00 p.m.) Requested City Corramission Meeting Dates [] MayI5,2001 [] June 5, 200I [] June 19, 2001 [] July 3, 2001 V-CONSENT AGENDA ITEH C.1. in to Citw Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administxative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: ro release cash bond of 515,400.00 to the Morton Group, Inc. EXPLANATION: On January 18, 2001, the Building Division sent to the Finance Department a cash bond for $15,400.00, for the completion of the permitted work at The Picture Factory (15t0 SW 8~ Street). The work has been completed and the final Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTEI1NAT~e I~-trhe~t He~d~'s S~ature City Manager's Signature Development Department Name City Attorney / Finance / Human Resources Attachments XC: Permit file #00-2480 S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE C~'I-Y COMMISSION OF THE C~I'Y OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELF. ASE OF CASH SURETY TO THE MORTON GROUP, (FOR THE PRO3ECT KNOWN AS THE PICTURE FACTORY) IN THE AMOUNT OF $15,400.00; AND PROVIDING AN EFFECT~E DATE. WHEREAS~ the Morton Group, posted a cash surety in the amount of $15,400.00 for the project known as The Picture Factory on January 18,2001; and WHEREAS, the cash bond was to be held until all outstanding issues of the temporary Certificate of Occupancy were completed; and WHEREA~, the work has now been completed and a final Certificate of Occupancy has been issued; NOW~ THEREFORE, BE Zl' RESOLVED BY THE CZTY COMMTSSTON OF THE CITY OF BOYNTON BEACH~ FLORZDA~ THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, ~on the recommendation of staff, hereby approves the release of the cash Jrety in the amount of $15,400.00 to The Norton Group. Section 2. That this ResoluUon shall become effective immediately Jpon passage. PASSED AND ADOPTED this Sity Clerk ~Corporate Seal) day of April, 200~.. CTI'Y OF BOYNTON BEACH, FLOP, iDA Mayor Vice Mayor Commissioner Commissioner Commissioner 02/2~/0~ '~E~ ~$:35 FAX ~ ~002/00~ Morton Group, Inc. 902 CHnt Moore Road, Suite 124 Boca Raton,~Florida 33487 (561) 994-3133 Fax (561) 241-0646 Company: Phone: Date: Pages (including cover s.heet): Comments: ~ 02/2~/01 ~ED 15:37 F:L~. ~001/002 Morton Gr. oup, Inc. Memo To: Tim Large Department o£Dcvelopment City o£Boynton Beach Via Fax: 561-742-6357 From: Bradley Morton Morton Group, Inc. The Picture Factory of Boynton Beach Surety Bond Reimbursement 1510 SW 8'~ Slxeet, Boynton Beach · Oat.e:- February. Dear Tim: Prior to the issuance ora Temporary Certificate of Occupancy at the aforementioned property, the City required the Morton Group to post a surety bond in the amount of $15,400.00 for work to be performed that would include: *Installa0on of brick pavers at main entry way *Azphatt installed at south and east sides of building *Imqtalhfion &ballads in front of fire line water main *Parking stalls st.dived south and east sides of building All required WOrk has now been completed and a final inspection has been requested. Therefore, the Morton Group is now reque,ting the reimbursemem of the cash surety. Please contact mc as to the City's procedure and timetable regarding this matter. /l~radley Morton c.c. Rod Heitmann, Shakman Construction Roger Ciskie, Picture Factory Congln~ Corporate ~ 902 Clittt l}loor~ Road ~qatte 124 2~oca ~.aton, FL 33487 ~ ,,, (561) 994-3133 (561) 241-0646 e~mail3ban~ns~com DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 01-017 TO: FROM: DATE: SUBJECT: Diane Reese, Finance Director Don Johnson, Building Official January 18, 200t CASH BOND- THE PICTURE FACTORY- 1510 SW 8th STREET Attached is a check for $15,400.00 15om Morton Group, Inc. This is a cash surety for the Picture Factor~ and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate o£ Occupancy, the surety will be returned. DJ:bg Attachments XC: Timothy K. Large, Building Code Administrator Permit File #00-2480 X\CHhVIAIN~ HRDATA\Developm~nt~B uilding-6870\Doc umenm~Memos in Word, Cash Bond - Picture Factory.doc 902 Clint Moore Road Suite 124 Boca Raton, FL 33487 MEMO Morton Group, Inc. Telephone 561-994-3133 Fax 561-241-0646 To.* Tim Large Department of Development City of Boynton Beach From: Michael Morton .Date.: - January 15, 2001 Re: Picture Factory Shoppes of Woolbright Dear Tim: Pursuant to our meeting at your office, attached please find our "Engineer's Opinion of Costs" to complete the site work as per the revised site plan. Mike Rumpf has written a modification letter relative to said revisions (see attached), and the revised drawings, as required, have been submitted to the Building Department with the appropriate fee. Therefore, attached herewith is our check in the amount of $151400.00 (Engineer's Opinion times 110%) to enable us to receive a"Temporary Certfficate' of Occupancy" at this time. Thank YO/ff~our 7 ,~tion in this matter. .el Morton cc: Rod Heitmann, Shakman Construction Roger Ciskie, Picture Factory CAULFIELD & WHEELER, INC. Consulting Engineers · Planners · Surveyors January 12, 2001 Mr. Tim Large City of Boymon Beach Development Depa~ hnent 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425-0310 ~Subject: Picture Factory Woolbright Place DearMr. Large:' Our Engineer's Opinion of Costs for the proposed revision to the Picture Factory project is as follows: Scope of Work: Additional asphalt pavement section Wheel stops Striping Paver Blocks Estimated Cost - $14,000.00 Cc:3927cost Please call with any questions, or if you need any additional information. Submit-tad By: .. Regis~t~ad Engineer N6.75~8 State of Florida :'~" '? 7301-A Wast Palmetto Park Road · Suite I(IOA Boca Ratee, Rodda 33433 561 · 392-1991 Fax: 561 · 75G. 1452 Engineering # EB43003591 Surveying # LB-0003591 Landscape Architectura # LC-0000318 January 12, 2001 DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Occupational tlcense Community Redevelopment Michael Morton Morton Group, Inc. 902 Clint Moore Road, Suite 124 Boca Raton, FL 33487 Dear Mr. Morton: P,e: The Picture Factory- Minor Modifications MMSP 00-02073 In response..to.your request for admin/strative review and approval of modification~ proposed to the above- referenced site plan, please be informed that the proposed changes are 'kninor", as defined within the Land Development Regulations, Chapter 4- Site Plan Keview. The proposed chan§e~ were to replace the areas shown as sod at the west, south, and east sides of the site to pavement and pavers. Please revise your perm/t drawings to show this replacement, along with the pavers and potted landscaping to be added to the west side (front) o£the project. Also, the revisions to the permit drawings should include elim{nation of any elements not to be completed as part of this project, and submittal of any outstanding plan sheets necessary to review all planned elements of the project. Please contact me at (561) 742-6260 should you have any questions on th/s review. Sincerely, Michael W. Rumpf Plann{~g and Zoning Director CC: Andrea Harper Tim Large J:~HRDATA~Plannfng~SHARED\W'PXPROJECTSXShopges of Woolbright - PCD\The Pictare Factory\Ltr. The Picture Factory. Minor M~d - MMSP ff02073.do¢ America's Gateway to the Gulfstream 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach. Florida 334~_5-0310 Phone: (561) 742-6260 FAX: (561) 742-6259 MORTON GROUP, INC. CITY NATIONAL BANK OF FLORIDA BOCA RATON, FL 33431 63-436-660 1/16/01 pAY TO THE $ *'15,400.00 ORDER OF City of Boynton Beach Fifteen Thousand Four Hundred and ***************************************************** DOLLARS MEMO Picture Factory - Bond for Temporay C/O - City of Boynton Beach V-CONSENT AGENDA CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Reques~d City Commission Meetlne Dates [] March 20, 2001 [] April 3, 2001 [] April 17,2001 [] May L 2001 March 7, 2001 (5:00 p.ra.) March 2l, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18,2001 (5:00 p.m.) Requested City Commission M~fin~ Dates [] May 5, 2001 [] $un~ 5, 2001 [] June 19, 2001 [] Suly 3, 2001 ITEM C.2. Date Final Form Mast be Turned '_m to Ciiy Clerk's O/flee May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.n~) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public FIearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to authorize the Mayor to sign the Draft Consent Order- Boynton Beach West Water Treatment Plant- Injection Well IW-1 with the Florida Department of Environmental Protection- OGC Case No. 00-1874. EXPLANATION: As the City Commission is very much aware, our West Water Treatment Plant Injection Well took a lightening strike in July of 1999. This lightening strike caused some damage to the well lining, very deep within the well. We tded a number of ways to do a =quick fix" all of which proved unsuccessful. Over the course of the last 18 months, we have been working with the DEP to devise a permanent fix. That permanent fix has now been agreed to between the DEP and the City, and the way we will implement that permanent fix is by entering into an Agreement between the City and the DEP. The method for establishing the agreed-to permanent fix is through the use of a Consent Order. The final Draft Consent Order is attached to this Agenda Item Request Form. PROGRAM IMPACT: By authorizing the Mayor to sign the Draft Consent Order, we can set the wheels in motion for completing the permanent fix to the deep injection well. The Consent Order puts into place the agreed upon method of repair, as well as all of the steps the City must take to complete this effort (including putting into place the timelines for public notice.) CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: The actual repair to the deep injection well will not be known until we receive public bids on this activity. However, this agenda item is not for going ahead with the repair. It is only for the purposes of authorizing the Mayor to sign the Consent Order. It is anticipated, however, that the ultimate repair may approach $1 million dollars. There is a fine associated with this Consent Order. The Utility will be expected to pay a $1,000.00 fine. That fine must be forwarded to FDEP within 30 days of the FDEP District Manager signing the Consent Order. Funds are available in Acct. # 403-5000-590-96-02 to pay this fine. ALTERNATIVES: It appears that there are no true alternatives to authorizing the Mayor to sign the Consent Order. Not having him do so will expose the City to substantial, non-compliance, daily fines. ~ -D~partment Head's S~nature City Manager's Signature Utilities Department Departmea~t Name ~ Cit~ A~torne~'~ii~mance / Human Resources S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. ROI- A RESOLUTION OF TIlE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DRAFT CONSENT ORDER - BOYNTON BEACH WEST WATER TREATMENT PLANT; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, the West Water Treatment Plant Injection Well was struck by lightening In July of 1999, which strike caused damage to the well lining; and X¥[IEREAS, over the course of the past 18 months, City ~dministration has been working with the DEP to devise a permanent fix to the damage; and WHEREAS, the method for establishing the agreed-to permanent fix is through the use of a Consent Order, which is attached hereto as Exhibit "A,'" NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. herein by reference. Section 2. The above recitals are hue and correct and are hereby Incorporated The City Commission of the City of Boynton Beach hereby authorizes the Mayor and City Clerk to execute the Drat~ Consent Order for the Boynton Beach West Water Treatment Plant- Injection Well 1W-I with the Florida Depmtment of Environmental Protection OGC Case No. 00-1874, which Consent Order is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage~ PASSED AND ADOPTED this day of April, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner kTTEST: City Clerk (Corporate Seal) ca~csoK2onsent Order - WVfi'P - DEP032601 Department of mental e , ~ Southeast District Jeb Bush P.O. Box 15425 Governor West Palm Beach, Florida 33416 David B, Struhs CERTIFIED MAIL # 7000 0600 0024 1601 9501 RETURN P. EC;EI?T P. EQUESTED Mr. Gerald Broewning, Mayor City of Boynton Beach 5469 W. Boynton Beach Blvd. Boynton Beach, Florida 33437 PALM BEACH COUNTY UIC - City of Boynton Beach WTP Class I Injection Well FDEP Permit Number UO-50-261254 RE: Draft Consent Order Boynton Beach West Water Treatment Plant - Injection Well IW-I Dear Mr. Broewning: tn the meeting with Southeast District Underground Injection Control staff on August 21, 20q0, it was mutually agreed that issues associated with the demonstration of mechanical integrity of Injection Well IW-1 were best resolved via a Consent Order. The Florida Department of Environmental Protection (Department or FDEP) is thus pleased to provide for your consideration the attached, ratification ready draft of the Consent Order, OGC # 00-1874. . The Southeast District Office of the Department hereby gives notice that a draft Consent Order has been developed for the reasons specified above. Pursuant to Section 403.815 of the Florida Statutes and Rule 62-110.106 of the Florida Administrative Code, you (the applicant) are required to publish at your own expense the Notice of Draft Consent Order, also known as the "First Set of Public Notices", contained within ihe attached Consent Order. The notice shall be published one time only within thirty days, in the legal ad section of a newspaper of general circulation in the area affected. For the purpose of this Rule, "publication in a newspaper of general circulation in the area affected" means publication in a newspaper meeting the requirements of Sections 50.011 and 50.031 of the Florida Statutes, in the county where the activity is to take place. Where there is more than one newspaper of daily circulation in the county, the newspaper used must be one with significant circulation in the area that may be affected by the Consent Order. The applicant shall send o?iginal copy of the proof of publication to the Department, at P. O. Box 15425, West Palm Beach, Florida 33416, within seven days of publication. Failure to publish the notice and provide proof of publication within the allotted time may result in the denial of the Consent Qrder. The Department will accept public comment concerning this proposed action for a minimum of thirty days following publication of the "First Set of Public Notices" contained within the attached Consent Order. A public meeting must be held in the area of the injection project no less than thirty days after publication o[ that the "First Set of Public Notices" for the purpose of receiving verbal and written comment concerning this project. Comments received within the thirty-day period and during the public meeting will be considered by the Department in formulating a final decision concerning this project. Since Rule 62- 528.325 of the Florida Administrative Code (F.A.C.) requires the public meeting to be held in the area in "/¥1ore Protection, Less Process" Printed on r~c/d*d paper. City of Boynton Beach Consent Order # OGC-00-1874 Page 2 of 2 which the well is located, the meeting may not be held in the Southeast District office. The final meeting location, date and time must be arranged prior to pUblication of the "First Set of Public Notices". Please contact J.P. Listick, of this office at (561) 681-6689, to coordinate arrangement of the public meeting. Executed in the City of West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Enclosure (all) CC: David McNabb, CH2MHili Ron Reese, USGS/MIA Daryl Shoemake, USEPA, ATL. ,~d~hn Guidry, City of Boynton Beach Me.sa L. MerkUr '~ Director of District Management Southeast District P.O. Box 15425 West Palm Beach, FL 33416 ' E~ate Richard Deuerling, UIC, TAL Steve Anderson, SFWMD, WPB Nancy Marsh, USEPNATL Robert J. Mitchell, PBCPHU J.P. Listick, WF C/E, WPB Cathy McCarty, UIC, TAL. Robert Kenyon, City of Boynton Beach STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Complainant, ve. City of Boynton Beach, Respondent, IN THE OFFICE OF THE SOUTHEAST DISTRICT CCC CASE No. 00-1874 CONSENT ORDER This Consent Order is entered into between the State of Florida Department of Environmental Protection (hereinafter called "Department" or "FDEP") and the City of Boynton Beach, Florida (hereinafter called "Respondent'!) to reach settlement of certain matters at issue between the Department and Respondent, ' The Department finds and the Respondent admits the following: 1. The Department is the administrative agency of the State of Florida which has the authority and duty to control and prohibit pollution of air and water in accordance with the provisions of Chapters 373, 376 and 403, Florida Statutes ("F.S.") and the Rules promulgated thereunder in Florida Administrative Code ("F.A.C.") Title 62. The Department has jurisdiction over matters addressed in this Consent Order. 2. The Respondent is a political subdivision of the State of Florida and is a "person" within the meaning of Section 403.031(5), F.S. 3. The Respondent, the City of Boynton Beach, through its Utilities Department, is now and has been at all times pertinent hereto, the owner and operator of the Boynton Beach West Water Treatment Plant (hereinafter called" WTP") and its disposal system for the injection of non-hazardous membrane process reject concentrate (Concentrate) via one Glass I injection Well, IW-1. The WTP is located at 3469 West Boynton Beach Boulevard, Boynton Beach, Palm Beach County, Florida. 4. The Injection Well System includes dual zone Monitor Well MW-1 and Injection Well IW-1. Injection Well IW-1 (IW:I) is a 16-inch, outside diameter (OD), non-municipal, industrial, tubing and packer injection well, injecting through a; 13 3/8-inch, inside diameter (ID), tubing set from land surface to a packer set at 2,720 feet below land surface Page 1 of 14 Consent Order OGC-00-1874 (BLS), for disposal and monitoring of up to 4.06 million gallon per day (MGD) Peak Hourly Flow of non-hazardous ~-... membrane process reject concentrate through an open hole interval between 2,780 feet BLS and the total depth of the well at 3,312 feet BLS. 5. · On July 26, 1999, the Boynton Beach West Water Treatment Plant suffered a lightning strike and plant personnel noted problems, maintaining the pressure in the annular space of IW-1. 6. On July 27, 1999, inspections by plant personnel revealed that the apparent problem with the maintenance of pressure in the annular space of IW-1 was not due to a leak in the surface piping or the wellhead. 7. On July 28, 1999, a letter was both mailed and sent via facsimile by the Respondent to the Department reporting that, as an apparent consequence of the lightning strike, IW-1 had apparently lost mechanical integrity of its annular space as indicated by fluid loss from the annular space. 8. On August 2, 1999, the Department received a letter from the Respondent's consultants, CH2M Hill, providing further information suggesting that the failure to demonstrate mechanical integrity was possibly due to a leak in the injection well tubing or packer. 9. On August 5, 1999, a plan to identify the source of the leak in the annular space of IW-1 was sJ.~bmitted by the Respondent to the Department. 10. On August 10, 1999, geophysical logging was conducted in an attempt to locate the source of the leak in the annular space of IW-1. 11. On August 24, 1999, the Respondent submitted the initial plan ("Plan") to further identify and fix the leak. This Plan called for the introduction of up to 4 applications of barite slurry, in 10-gallon increments. The Plan also provided for a fifth application augmented with 10 gallons of bentonite slurry in addition to 10 gallons of barite slurry if the 1st four applications did not prove successful. 12. On November 2, 1999, the Department approved the Respondent's August 24, 1999, Plan. 13. Throughout the remainder of 1999 and into the first two months of 2000, numerous unsuccessful attempts were made under the Plan and its subsequent approved modifications to fix the leak in the annular space of IW-1. Page 2 of 14 Consent Order OGC-00-1874 Ultimately the following materials were added to the annulus of IW-1 on the listed dates with the following repor[ed results: Date Materials/Test Comments November.16, 1999 December 6, 1999 January 5~ 2000 ' February 2, 2000 February 16, 2000 February 23, 2000 100 lbs. of barite 300 lbs. of barite 300 lbs. of barite, 100-lbs. sand 600 lbs. of barite, 100 lbs. sand Annular Pressure test 700 lbs. of barite, 200 lbs. sand Slight reduction in fluid loss Slight reduction in fluid loss Rate reduced to .03 per 30 min. Rate reduced to near zero Loss 1 psi/min, then 5 psi/min. Still leaking at a low rate 14. On April 14, 2000, a Plan of Further Action ("2nd Plan") was submitted tothe Department. 15. On April 24, 2000, a "Notice of Status" letter was issued by the Department to the Respondent. This letter formally gave notice to the Respondent that the Department had determined that the City of Boynton Beach West Water Treatment Plant Injection Well, IW-1, failed to demonstrate mechanical integrity as required by Rule 62-528.307(3)(e)1, F.A.C. This letter further noted that, as the City had made satisfactory demonstration that fluid movement into or between underground sources of drinking water is not occurring, per the provisions of Rule 62-528.307(3)(e)4, F.A.C., the Department was allowing the continued operation of IW-1. 16. On May 18, 2000, the Depar[ment issued a request for inform~,tiOn (RFI) regarding the 2nd Plan, referenced in paragraph 14 of this Consent Order. 17. On May 23, 2000, the Respondent responded to the Department's May 18, 2000, RFI. 18. On June 12, 2000, the Department approved the 2nd Plan of further action to resolve the issue of the failure to demonstrate mechanical integrity and to determine the location of the leak in the annular space of IW-1. 19. On June 16, 2000, per the approved 2'a Plan, an attempt was made by the Respondent to resolve the issue of the demonstration of mechanical integrity via the further addition of material to the annular space of IW-1. The attempt was unsuccessful. 20. On July 3, 2000, to further clarify the source of the leak in the annular space of IW-1, the Respondent proposed, and the Department approved, the conducting of a video survey of IW-l's, 13 3/8-inch ID, tubing. 21. On July 6, 2000, the approved video survey was run in IW-l's, 13 3/8-inch, ID, tubing. The video survey revealed ~he presence of four holes in the 13 3/8-inch, ID, tubing. 22. ; On July 13, 2000, the Department issued a Notice of Non-Compliance ("Notice") to the Respondent. In the Notice, tt~ Department restated the fact that IW-1, failed to demonstrate mechanical integrity, and requested that the Respondent schedule a meeting with representatives of the Department. The purpose of the meeting was to formalize Page 3 of 14 Consent Order 0GC-00-1874 the process of effecting repairs to the well. and to discuss the drafting of a Consent Order to establish a timeline with[-n--. which the Respondent could return to compliance with Florida Statutes and the Rules promulgated thereunder. 23. On July 24, 2000, the Respondent submitted a plan for pressure testing ~ IW-l's 16-inch outside diameter (OD) casing. 24. On July 29. 2000. pressure testing successfully confirmed that the 16-inch OD casing demonstrated mechanical integrity in accordance with Rule 62-528 F.A.C. This test was accomplished by inserting a temporary packer through IW-l's, existing tubing and packer assembly, inflating the temporary, packer at a depth such that the temporary packer was located between the base of the final casing and the base of the tubing and packer assembly. The mechanical integrity of IW-l's final casing was then tested by pressunzing IW-l's final casing from the Top of the temporary pasker up to IW-l's wellhead assembly on the surface pad. 25. On August 3, 2000, the Respondent requested that a meeting be held with the Department to discuss the status of IW-1. 26. On August 21, 2000, the Department met with the Respondent. tt was mutually agreed that the Respondent would enter into a Consent Order with the Department to resolve all issues regarding the demonc, tration of mechanical integrity of IW-1. ~._ 27. Qn September 18, 2000, the Department received a "Plan for Repairing the Boynton Beach Deep Injection Well" (Repair Plan). The Repair Plan detailed the procedures necessary to repair IW-t, such that it would demonstrate mechanical integrity in accordance with Rule 62-528, F.A.C. The Repair Plan presented an alternative plan to a tubing and packer injection well. The proposed Repair Plan detailed the installation of a cemented-in annular space. The Repair Plan presented an alternative plan to a tubing and packer injection well, therefore, the Repair plan must be approved by the Department. 28. On October 18, 2000, the Department issued an RFI, regarding the Repair Plan. The RFI informed the Respondent that pursuant to Rule 62-528.410(1)(e), 1. and 2., F.A.C., the alternative to a tubing and packer well must be approved by the Department, and to whom the request should be submitted. The RFi also addressed other concerns the Department had regarding the Repair Plan and the detailed procedures contained therein. 29. On December 18, 2000, Respondent submitted to the Department an application and the appropriate fee for a Major Modification (Modification) to Department Operation Permit number U0-50-261254 (application). The application is currently under review by the Department. Page 4 of 14 Consent Order OGC-00-1874 30. On February 1, 2001, the Department issued a letter requesting a meeting with the Respondent to discuss permitting issues and the Draft Consent Order dated December 18, 2000. This letter also included some of the proposed specific conditions, to be contained in the Modification, referenced in paragraph 29 of this Consent Order. 31 On February 27, 2001, a meeting was held where the Department and the Respondent discussed the results of the research accomplished towards the repair of IW-1. The Respondent, Respondent's agents, and the Department discusse¢ the proposed alternative packer design -- specifically the cementing and geophysical logging programs that are ~ncorporated in the proposed design. 32. Having reached a resolution of these matters the Respondent and the Department mutually agree, and it is ORDERED: 33. · Respondent shall operate the City of Boynton Beach West WTP Injection Well System in accordance with the terms and conditions set forth in this Consent Order and Operation Permit Number UO-50-261254 (Exhibit ^). 34. In accordance with Operation Permit #UO-50-261254, Specific Condition 2.j., the Respondent shall submit an application for Operation Permit renewal accompanied by the appropriate application fee at least sixty (60) days prior to the~xpiration date of the permit. Operation Permit #UO-50-261254 expires on September 30, 2001. 35. _ Immediately upon the effective date of this Consent Order, operation of tW-1 shall continue under the terms and conditions as set forth in Operation Permit Number UO-50-261254 (Exhibit A), with the following additional conditions as specified below, until such time as a new operating permit is issued by the Department for IW-1 and the successful demonstration of mechanical integrity of IW-1. a, The pressure in the annular space of IW-1 shall be continually maintained (at all times) at a pressure ihat is greater than the injection pressure; and 3; During times in which IW-lis inactive for seven or more consecutive days the tubing and annular space of IW-1 shall be flushed on a weekly basis with a volume of potable water, equal to or in excess of five times the volume of the final well casing. 36. Respondent shall, within 120 days of the Department's issuance to the Respondent of the Major Modification of Operation Permit UO-50-261254,.commence work required under the issued Modification. 37. Within 30 days of the effective date of this Consent Order, the Respondent shall pay to the Department $1,000.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Consent Order, OGC # 00-1874. Payment shall be made to the Department by cashier's check or money order. The instrument shall be made payable to the "Department of Environmental Protection" and shall include Page 5 of 14 Consent Order OGC-00-1874 thereon the OGC case number (OGC # 00'1874) assigned this Consent Order and the notat!on "Ecosystem Managemer?~'-~- and Restoration Trust Fund": The payment shall be mailed or delivered to the Florida Department of Environmenta'i" Protection, Southeast District Office, Post Office Box 15425, (400 North Congress Avenue), West Palm Beach, FL 33416. PENALTIES 38. Respondent agrees to pay the Department stipulated penalties in the amount of $500.00 per day for each and every day, or any portion thereof, Respondent fails to timely comply with any of the requirements of paragraphs 33 through 39 of this Consent Order. A separate stipulated penalty shall be assessed for each violation of this Consent Order. Within 30 days of written demand from the Department, Respondent shall make payment of the appropriate stipulated penalties to "The Florida Department of Environmental Protection" by cashier's check or money order. The instrument shall include thereon the OGC case number assigned this Consent Order and the notation "Ecosystem Management and Restoration Trust Fund". Payment shall be mailed or delivered to the Florida Department of Environmental Protection, Southeast District Office, Post Office Box 15425, (400 N. Congress Avenue), West Palm Beach, Florida, 33416. The Department may make demands for payment at any time after violations occur. Nothing in this paragraph shall prevent the Department from filing suit to enforce any of the terms of this Consent Order. penalties assessed under this paragraph shall be in addition to the investigative sum agreed to in paragraph 37 of this Consent Order. If the Department is required to file a lawsuit to recover stipulated penalties under this paragraph, the Department shall not be foreclosed from seeking civil penalties for violations of this Consent Order in an amount greater than the stipulated penalties due under this paragraph. [THIS SPACE LEFT BLANK INTENTIONALLY] Page 6 of 14 Consent Order OGC-00~1874 PUBLIC NOTICE 39. In accordance with Section 403.815 of the Florida Statutes (F.S.) and Rule 62-110.106 of the Florida Administrative Code (F.A.C.), the Respondent shall publish at your own expense the following Notice of Draft Consent Order (Notice). The Notice shall be published one time only in the legal notice section of a newspaper of general circulation in the affected area. The Notice shall be published at least thirty days prior to the public meeting for Draft Consent Order OGC # 00-1874. For the purpose of this Rule, "publication in a newspaper of general circulation in the area affected" means publication in a newspaper meeting the requirements of Sections 50~011 and 50.031, F.S., in the county where the activity is to take place. Where there is more than one newspaper of daily circulation in the county, the newspaper used must be one with significant circulation in the area that may be affected by the Draft Consent Order. The Respondent shall provide original proof of publication to the Department within seven (7) days of publication, to the Florida Department of Environmental Protection's Southeast Florida District Office, UIC Program, Post Office Box 15425, West Palm Beach, Florida 33416. , [THIS SPACE LEFT BLANK INTENTIONALLY] Page 7 of 14 Consent Order OGC-00-t874 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF PROPOSED AGENCY ACTI ON FIRST SET OF PUBLIC NOTICES PUBLIC NOTICE OF DRAFT CONSENT ORDER STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF DRAFT CONSENT ORDER The Southeast District Office of the Department of Environmental Protection (Deoartment or FDEP) hereby gives notice of Draft Consent Order (CCC # 00-1874) and its intent to conduct a public meeting regarding the Consent Order (CCC # 00-1874). The Boynton Beach West Water Treatment Plant's Injection Well System includes Dual Zone Monitor Well MW-1 and Injection Well IW-1 (iW-1). IW-1 is a 16-inch, outside diameter (OD), Class Industrial tubing and packer type injection well, injecting through a 13 3/8-inch, inside diameter (ID), tubing set from land surface to a packer seated at 2,720 feet below land surface {BLS). IW-1 is utilized for the disposal and monitoring of only non-hazardous, membrane process reject concentrate (concentrate) through an open hole interval between 2,780 feet BLS and the total depth of the well at 3,312 feet BLS. The purpose of this Consent Order (OGC # 00-1874) is to resolve regulatory compliance issues related to the demonstration of mechanical integrity of IW-1 The Department has permitting jurisdiction under Chapter 403, Florida Statutes (F.S.), and Chaeters 62-4. 62~'~-- 520, 62-522, 62-528, 62-550, 62-620, and 62-660, Florida Administrative Code (F.A.C.). The project is not exempt fron-.~... / permitting procedures. Under Section 403.088(2)(e) and (f), F.S., the Department may issue a permit for a discharge that does not meet all applicable Rules and Statutes, if the permit is accompanied by a Consent Order establishing a schedule for achieving compliance with permit conditions. The permit shall require compliance with the accompanying Consent Order. Any interested person may submit written comments on the Department's proposed Draft Consent Order to Joseph May, Florida Department of Environmental Protection, Underground Injection Control' (UIC) Section, Post Office Box 15425, West Palm Beach, Florida, 33416, in accordance.with Rules 62-620.555, 62-528.310 and 62-528.315, F.A.C. The comments must contain the information set forth below and must be received in the Southeast District Office, Florida Department of Environmental Protection, P. O. Box 15425, (400 North Congress Avenue), West Palm Beach, Florida, 33416, by the close of the public meeting. Failure to submit comments within this time period may constitute a waiver of any right such person may have to submit comments under Rules 62-620.555, 62-528.310 and 62-528.315, F.A.C. The comments must contain the following information: (a) The commenter's name, address, and telephone number, the applicant's name and address, the Department Permit File Number and the county in which the project is proposed; (b) A statement of how and when notice of the Department's action or proposed action was received; (c) A statement of the facts the Department should consider in making the final decision; and (d) A statement of which Rules or Statutes require reversal or modification of the Department's action or proposed action. PUBLIC MEETING DATE: at 10:00 a.m. PLACE: Boynton Beach West Water Treatment Plant, Training Room, 5469 West Boynton Beach Boulevard, Boynton '.. Beach, Palm Beach County, Florida, 33437 ~- ' Page 8 of 14 Consent Order OGC-00-1874 .PURPOSE: To receive public comments regarding the proposed Draft Consent Order OGC # 00-1874. A copy of the agenda may be obtained by writing to Mr. Joseph May, Florida Department of Environmental Protection, UIC Program, Post Office Box 15425, West Palm Beach, Florida, 33416. If accommodation is needed for a disability in order to participate in the meeting, please notify the Personnel Specialist in the Bureau of Human Resources at 850-488-2996 or 1-800-955-8771 (TDD) at least seven days before the meeting. When a public meeting is scheduled the public comment period is extended until the close of the public meeting. The public meeting must be held in the area of the injection project no less than 30 days after the publication of this Notice for the purpose of receiving verbal and written comment concerning this project. Any interested person may submit oral or written statements and data at the public meeting on the Department's proposed action or may submit written comments to the FDEP office listed herein up until the close of the referenced public meeting. The Department in formulating a final decision concerning the Draft Consent Order will consider comments received within the 30-day pedod and dudng the public meeting. Since Rute 62-528.325, F.A.C., requires the public meeting to be held in the area in which the well is located, the public meeting may not be held in the Southeast District office. As a result of significant public comment the Department's final action may be different from the position taken by it in this Notice. The Draft Consent Order and supporting documents a['e available for public inspection dudng normal business hours, 8:00 a.m..to 5:00 p.m., Monday through Friday, except legal holidays, au the Southeast District Office of the Florida Department of Environmental Protection, 400 North Congress Avenue, West Palm Beach, Florida, or by contacting Mr. Joseph May at telephone (561) 681-6691. ]THIS SPACE LEFT BLANK INTENTIONALLY] Page 9 of 114 Consent Order OGC-00-1874 SECOND SET OF PUBLIC NOTICES PUBLIC NOTICE OF CONSENT ORDER STATE OFFLORIDA DEPARTMENTOFENVtRONMENTALPROTECTION NOTICE OFCONSENTORDER The Department of Environmental Protection gives notice of its Consent Order OGC # 00-1874, with the City of Boynton Beach to resolve regulatory compliance issues related to the demonstration of mechanical integrity of Injection Well IW-1 (IW-1). The Boynton Beach West Water Treatment Plant's Injection Well System includes Dual Zone Monitor Well MW-1 and IW-1. IW-1 is a 16-inch, outside diameter (OD), ndustriai tubing and packer injection well injecting through a 13 3/8- inch, inside diameter (ID), tubing set from land surface to a packer seated at 2.720 feet below land surface (BLS). iW-1 is utilized for the disposal and monitoring of only non-hazardous, membrane process reject concentrate (concentrate) through an open hole interval between 2,780 feet BLS and the total depth of the well at 3,312 feet BLS. A person whose substantial interests are affected by the Department's proposed decision to enter a Consent Order may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Petitions filed by the Respondent or any of the parties listed below must be filed within 21 days of receipt of this written Notice. Petitions filed by any other persons other than those entitled to written notice under Section 120.60(3) of the Florida Statutes (F.S.) must be filed within 21 days of publication of the public notice or ~eceipt of the written notice whichever occurs first. Under section 120.60(3), however, any person who asked the Department for notice of agency,~,, action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The petitioner sha. ' mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person ~_ file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57 of the F.S.. or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will only be at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205 of the Florida Administrative Code. A petition that disputes the material facts on which the Department's action is based must contain the following information: (a) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner's representative, if any; the Department case or identification number and the county in which the subject matter or activity is located; (b) A statement of when and how each petitioner received notice of the Department action; (c) A statement of how each petitioner's substantial interests are affected by the Department action; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A statement of facts that the petitioner contends warrants reversal or modification of the Department action; (f) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (g) Demand for relief (sought by the petitioner, stating precisely the action that the petitioner wants the Department to take). A petition that does not dispute the material facts on which the Department's action is based shalt state that no such facts are in dispute and otherwise contain the same information as set forth above, as required by Rule 28-106.301, F.A.C. Because the administrative hearing process is designed to formulate final agency action, the filing of a petitio,~.-..~ means that the Department final action may be different from the position taken by it in this notice. Persons whos' substantial interests will be affected by any such final decision of the Department on the petitions have the right to petitio'h-- to become a party to the proceeding, in accordance with the requirements set forth above. Page 10 of 14 Consent Order OGC-00-1874 Mediation is not available for this proceeding. A party to this order has the right to seek judicial review of it under Section 120.68 of the Florida Statutes, by filing a notice of appeal under Rute 9~110 of the Florida Rules of Appellate Procedure with the clerk of the Department in the Office of General Counsel, Mail Station 35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal The notice must be filed within thirty days after this order is filed with the clerk of the Department. The Consent Order is available for public inspection during normal business hours, 8:00 a.m. t6 5:00 p.m., Monday through Friday, except legal holidays, at the Flodda Department of Environmental Protection, 400 North Congress Avenue, West Palm Beach, Florida, 33401, or by contacting Mr. Joseph May at telephone (561) 681-6691. NOTICE OF PROPOSED AGENCY ACTION The Department of Environmental Protection gives notice of agency action of entering into a Consent Order with the City of Boynton Beach pursuant to Section 403.088(2)(e) and (f), Florida Statutes (F.S.). The Consent Order acts as a compliance order for one injection well and the associated dual zone monitor well and addresses violations of .the ' Department Rules regarding the demonstration of mechanical integrity of IW~I. The Consent Order is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department of Environmental Protection, 400 North Congress Avenue, West Palm Beach, Florida 33401, or by contacting Mr. Joseph May at telephone (561) 681-6691. Persons whose substantial interests are affected by the above proposed agency action have a right, pursuant to Section 120.57, FS., to petition for an administrative determination (hearing) on the proposed action. The Petition must conform to the requirements of Chapter 28-5, Florida Administrative Code (F.A.C.), and must be filed (received) with the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS-35, Tallah~ssee, FL 32399-3000, within 21 days of publication of this notice. Failure to file a petition within 30 days constitutes a waiver of any dght such person has to an administrative determination (hearing) pursuant to Section 120.57, F.S. The Petition shall contain the following information: (a) The name, address, and telephone number of each petitioner, the applicant's name and address, the Department Case Number and the county in which the subject matter or activity is located; (b) A statement of how and when each petitioner received notice of the Consent Order; (c) A statement of how each petitioner's substantial interests are affected by this Cons.ent Order; (d) A statement of facts which petitioner contends warrants reversal or modification; (e) A statement of which rules or statutes petitioner contends requires reversal or modification of the Consent Order; (f) A statement of facts Petitioner contends warrants reversal or modification of the Con§ent Order and (g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Consent Order. If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this notice. Persons whose substantial interest will be affected by any decision of the Department with regard to the subject Consent Order have the right to intervene in the proceeding. The petition must conform to the requirements specified above and be filed (received) within 21 days of receipt of this notice in the Office of General Counsel at 3900 Commonwealth Blvd., Mail Station 35, Tallahassee, Florida, 32399~ Failure to petition within the allowed time frame constitutes a waiver of any such right such person has to request a hearing under Section 120.569 and 120.57, F.S., and to participate as a party to this proceeding. Any subsequent intervention will be only at the approval of the presiding officer upon a motion filed pursuant to 60Q-2.010, FAC. Mediation under Section 120.573, F.S., is not available for this proceeding. Page 11 of 14 Consent Order OGC-00-1874 STANDARD LANGUAGE ~'~ 40. This Consent Order shall expire, upon the successful demonstration of mechanical integrity of IW-1 and'"'- issuance of an operation permit. 41. Respondent shall allow any duly authorized Department personnel access to the property for annual Compliance Evaluation inspections Mechanical Integrity Testing witnessing and Construction Inspections The Respondent shall allow any duly authorized representative of the Department access to the property and the facility at any reasonable times for the purpose of determining compliance with the terms and conditions as set forth in this Consent Order, operation permit conditions and the Rules of the Department. 42. The Department, for and in consideration of complete and timely performance of the obligations agreed to 'n this Con§ent Order1 hereby waives its right to seek judicial imposition of damages or civil penalties for the alleged past violations outlined in this Consent Order. 43. The Respondent acknowledges, but waives its right to an administrative hearing pursuant to Sections 120.569 and 120.57, F.S., on the terms of this Consent Order. Respondent acknowledges its dght to appeal the terms of this Consent Order Pursuant to Section 120.68, F.S., but waives that right upon signing this Consent Order. 44. The terms and conditions set forth in this Consent Order may be enfomed by either the Deoartment or th~. Respondent in a court of competent jurisdiction pursuant to Sections 120.69 and 403.121, F.S. Failure to comply with the terms of this Consent Order may constitute a violation of Section 403.161(1)(b), F.S. 45. The Department hereby expressly reserves the right to initiate appropriate legal action to prevent or prohibit any violations of applicable statutes or the rules of the Department promulgated thereunder not specifically addressed by the terms of this Consent Order. 46. This Consent Order supersedes all orders, draft permits and understandings between and among the parties. No modifications of the terms of this Consent Order shall be effective until reduced to writing and executed upon by both the Respondent and the Department. 47. In the event of a sale or conveyance of the facility or of the property upon which the facility is located, if all of the requirements of this Consent Order have not been fully satisfied, Respondent shall, at least 30 days prior to the sale or conveyance of the property or facility, (1) notify the Department of such sale or conveyance, (2) provide the name and address of the purchaser, or operator, or person(s) in control of the facility, and (3) provide a copy of this Consent Qrder with all attachments to the new owner. The sale or conveyance of the facility, or the property upon which the fa¢ilit' is located shall not relieve the Respondent of the obligations imposed in this Consent Order. Page 12 of 14 Consent Order OGC-00-1874 48. Respondent is fully aware that a violation of the terms of this Consent Order may subject Respondent to judicial imposition of damages, civil penalties up to $10,000.00 per day or any portion thereof, per offense and criminal penalties. 49. The provisions of this Consent Ord, er shall apply to and be binding upon the parties, their officers, their directors, agents, servants,.employees, successors and assigns and alt persons, firms and corporations acting under, through or for them and upon those persons, firms and corporations in active concert or participation with them. 50. Entry of this Consent Order does not relieve Respondent of the need to comply with any and all applicable federal, state, or local laws, regulations or ordinances. The Consent Order is a settlement of the Department's Civil and Administrative authority arising from Chapters 373, 403 and 376, F.S.; to pursue the allegations addressed herein. The Consent Order does not address any criminal liabilities that may arise under Florida Law nor does it address settlement of any violation which may be prosecuted criminally or civilly under federal law. [THIS SPACE LEFT BLANK INTENTIONALLY] Page 13 of 14 Consent Order OGC-00-1874 51. This Consent Order is final agency action of the Department pursuant to Section 120.52!11), (7), F.S., and it i~ final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filedin accordance with Chapter 120, Florida Statutes. Upon the timely filing of a petition, t. hisConsentOrderwillnot be effective until further order by the Department. DONE AND ORDERED this __day of ,2001, in West Palm Beach, Florida FOR THE RESPONDENT FOR THE DEPARTMENT' Gerald Broening Mayor City of Boynton Beach, Florida Date Melissa L. Meeker Date Director of District Management Southeast Florida District Attachm~n,:,~ll) MLM/L.~/TB/JPL FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to Section 120.52, Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk Date CC; Richard Deuerling, UIC, MS-3530, TAL David McNabb, CH2M Hill, WPB J.P. Ustick, WF C/E, WPB Cathy McCarty, UIC, MS-3530, TAL Larry Morgan, OGC, TAL Robert Kenyon, City of Boynton Beach Nancy Marsh, USEPS, Region IV, ATL Daryl Shoemake, USEPA, Region IV, ATL Todd Brown, WF C/E, WPB Dan Phelps, UIC, WPB John Guidry, City of Boynton Beach Page 14 of 14 Consent Order OGC-00-1874 EXHIBIT A FDEP OPERATION PERMIT BOYNTON BEACH WEST WATER TREATMENT PLANT # U0-50-275408 Department of Environmental Protection Lawton (~hiles Governor SEP 3 0 1996 CERTIFIED MAII~ RETLrRN RECEIPT REQUESTED Mr. John Guidry Director of Utilities City of Boynton Beach 124 Southeast 15th Avenue Bo}q/tOn Beach, FL 33425 Dear Mr. Guidry: Southeast District West Palm Beach, Florida 33416 g U JJ Secreta~ NOTZCE OF PBR ZT Pelm Beech County UIC - City o£ Boynton Beach · class X.Injection Well IW-t Nonitor Well UO 50-2612~4 Enclosed is Permit Number UO 50-26~1254 to operate a Class I municipal injection well (tW-i) and one associated dual zone monitor well (MW~I) issued pursuant to Sec?ion(s) 403.087, Florida Statutes. A//y pa~ty to this Order (permit) has the right to seek judicial review of the permit pursuant to Section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of ApPellate Procedure, with the Clerk o~ the Department in the Office of General Counsel, 2600 Blair Stone Road, Tallehassee, Florida 32399-2400; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice Of Appeal must be filed within fourteen (14) days from the date this Notice is filed with the Clerk of the DePartment. If you have any questions please contact Mr. Bill Cocke or Len Fishkin of this office at (561) 681-6691 or 681=6~42, respectively. Executed'in West Palm Beach, Florida. Copies furnished to: Pete Mazzella, Boy, ton Beach Steve Anderson, SF$~7,ID/WPB Richard Deuerling, FDEP/TL.q Tom McCor~nick, CH2M Hill/DFB STATE OF FLORIDA DEPARTMENT OF E~glRO~[ENTAL PROTECTION 'Carloo Rzvero-oeA~u~la~ ' Director of Distrxc~ 14ana~emen P. O. Box 15425 ~q~anageme t West Palm Beach, FL 33416 Luna Ergas, OGC/~DEP/TLH Nancy Marsh, USEPA/ATL Ron Reese, USGS/HIA Dick Bohrer, PBCPRU/WPB Cathy McCarty, FDEP/TLH Bill Cocke, FDEP/WPB Brad Russell, FDEP/WPB Len Fishkin, FDEP/WPB CERTIFICATE OF SERVICE This is to certify that t~/.~j~ PERMIT and all copies were mailed before the close of business on to the listed persons. ' FILING ~2qDACKNOWLEDGMENT: R-Z~3D, o~%this/da~e, ~ursuant to the §120.52(9), Florida ~tatutes, with the ~eb~gne~ed,~%pertmen~ Oie~k, receipt of which is hereby ackno~zledged.~ Department of Environmentat Protection Southeast District P.O. Box 15425 West Palm BEach, Florida 33416 Virginia B. We. thereII Secret~ry ~E~IT PERMITTEE: Mr. John Guidr¥ Director of Utilities City of Roynton Beach 124 Southeast 15th Avenue Boynton Beach, FL 33425 I.D. Number: 5050M03127 DATE OF ISSUE: ~kV EXPiR3kTION DATE: ~ COUNTY: Palm Reach ~TITOMDE/LONGITUDE: 26o31'43"N/80°07'lS"W PROJECT: Operatin~ permit for Class I Injection Well IW-i~ Thls permit is issued under the provisions of Chapter 403.087, Florida Statutes, ~nd Florida Administrative Code (F.A.C.) Rules 62-4, 62-520,'62-528, 62-550 and 62-660. The above named permittee is hereby authorized to perform the work or operate the facility shown on the application and approved drawing(s), plans, and other documents attached hereto or on file with the Department and made a part hereof and specifically described as follows: TO OPERATE: One sixtee~ (16) inch (O.D.), Cia's I Industrial ig~ection well; IW-1, with a 13-3/8-inch (O.D.) liner and a deep dual-zone monitor wall, MW-1. The injection well will be used to inject up to a flow rate of eight (8.0) feet per 'second (oeak hour flow) or 4.06 million 9a~tons per day (MGD) of only non-hazardous, ~ '~mbrane-process reject concentrate (concentrate). ~he injection interval is between 780 feet and the total depth of the well at 3,312"feet below land surface (BLS). _~e confinement of the injection zone from overlyin~ underground source of drinkin9 water (USDW) aquifers and fluid movement adjacent to the wellbore of'the injection well is monitored by two monitor zones. The lower monitorin9 interval is between 1,800 feet and 1,855 feet BLS for the purpose of monitorin9 below the lowermost USDW. The npper monitorin9 interval is between 970 feet and 1,084 feet BLS and is designed to monitor within the USDW. received on Nove~Ooer 23, 1994; appllcatmon for cons~ruc~lo .p~ ~ -- .... ired on December 20 1994; Request for Information %RFI) sent on DeceuuDer publication of the Notlce of DZ ft - . ~ . Post and receipt of public comment at a public meeting held on January 11, 1996 in the City of Boynt0n Reach; Certificate of Financial Responsibility issued November 6, 1990; Publication of Intent to Issue Permit UO 50-261254 mn the Palm Reach Post newspaper on June 22, 1996. LOCATED AT: Boynton Beach West Water Treatment Plant at West Boynton Beach Boulevard, Boynton Beach, Florida. TO SERVE: City of Bo}~ton Reach West Water Treatment Plant. SI/BJECT TO: General Conditions 1-17 and Specific Condit.ions 1-6. Page 1 of 10 17-1.201(5) ~ffective November 30, 1982 Pri,~ted on recycled GENERAL CONDITIONS The following General Conditions are referenced in Rule 62-4.160 of the Florida ndministrative Code. The terms, 6onditions, reg~/lrements, limitations and restrictions set forth in this permit, ~re "permlt conditions" and are binding~and enforceable pursuant to Sections 403.141, 403.727, or 403.859 through 403.86%, F.S. The permittee is placed on notice that the Department will review this permit periodically and may initiate enforcement action for any violation of these conditions. . 2. This permit is valid only for the specific processes and operations for and indicated in the'approved drawings or exhibits. Any unauthorized · deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the Department.· 3. As provided in subsections 403.087(6) and 403.722(5), F.S., the issuance of this permit does not convey any vested rights Or any.exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor any i~fringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be required for other aspects of the total project which are not addressed in this permit. This permit conveys no title to land or water, does not constitute State 4~.- recognition or acknowledgment of title, and does not constitute authority for the Use of submerged lands unless herein Provided and the necessary title or leasehold interests have been obtained from the State. Only ~he Trustees of the Internal Improvement Trust Fund may express State opinion as to title. 5. This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefore; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department. / The permittee shell properly operate and maintain the ~acility and'~ystems ' of treatment and control (and related appurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit, are required by Department rules. This provision includes the operation of backup or auxmliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules. 7. The permittee, by accepting this permit~ specif%call¥ agrees ~o~allow authorized Department personnel, upon presentatmon or creGentlazs or other documents as may be required by law and at reasonable times, access to the premises where the permitted activity is located or conducted to:' (a) }{ave access to end copy any records that must be kept under conditions of the permit; (b) Inspect the facility, equipment, ~ractices, or operations regulated or required ander this permit; and (c) Sample or monitor any substances or parameters at any location reasonable necessary to assure compliance with this permit or Department rules. Reasonable time m~y depend on the nature of the concern being investigated. 8. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department with the following lnformation: (a) A description of and cause of noncompliance; an~ (b) The period of noncompliance, including dates cng times; or, if not ~orrected, the anticipated time the noncompliance is expected to continue, and steps being taken to educe, ~llminate, an~ prevent recurrence of the noncompliance. The permittee shall b~ responsible for any and ail damages 5~hich may result and may be subDect to enforcement action by the Department for penalties or for revocation of this permit. Page 2 of 10 GENEP. AL COA~DITIONS: 9 In accepting this permit, the permittee understands and agrees that_all records, notes, monitoring da~a and other information.relatmng to.the constructio~ or operation of this permitted source whmch are submmtted to the Department may be used by the Department as evidence in any enforcement case. involvin~ th~ permitted sourcte arising under the Florida Statutes or Department rules, except where such use is prescribed by Section 403..11t and 403.73, F.S. such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate eviden~ia~y rules. 10. The permittee agrees to comply with changes in Department rules and Florida Statutes after a reasonable time ~or compliance; provided~ however, the permittee does not waive any other rights granted by Flormda Statutes or Department rules. A reasonable time for compliance with a new or amended surface water quality standard~ other than those standards addressed in Rule 62-302.500, sh~ll include a reasonable time to obtain or be denied a mixin~ zone for the new or amended standard. 11. This permit is transferable.only upon Department approval in accordance with Rule 62-4.120 and 62-730.300 F.A.C., as applicable. The permittee shall be liable for any non-compliance of the permztted activity until the transfer is approved by the Department. 12. This permit or a copy thereof shall be kept at the work site of the · permitted activity. 13. This permit also constitutes:' (a) Determination of Best Available Control Technology (BACT) (b) Determination of Prevention of Significant Determoration (PSD) (c) Certification of compliance with state Water Quality Standards (Section 401, PL 92-500) (d) Compliance with ~ew Source Performance Standards 14. The permittee shall comply with the following: ~ (a) Upon request, the permittee shall furnish all records and plans ' / required under Department rules. During enforcement actigns, the retention period for all records will be extended automatmcally unless otherwise stipulated by the Department. (b) The permittee shall hold at the facility or other location designated by this permit records of all monitoring information · (including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation) ' resulted by the permzt, copies of all reports r~uired by this permit, and records of all data used to ~omplete the application for this permit. Thes~ materials shall b~ retained at least three years from the date of the sample, measure/aent, report, or application unless otherwise specified by Department rule. (c) Records of monitoring information shall include: 1. the date, exact place, and tmme of samplin9 or measurements; 2. the person responsible for perf~rmin9 the sampling or measurements; ~. the dates analyses were performed; .. the person responsible for performing the analyses; 5. the analytical techniques or methods used; 6. 'the results of such analyses. 15. When requested by the Department, the ~ermitnee.sha~l wit~q a r~asona~le time furnish any information required Dy law p;hmch ms nee~=~ to oetermlne compliance with the per,it. If the per~itt~e becomes ~ware t~e r~levant. facts were not submittea or were incorrect mn the permmt applzcatmon or zn any report to the Department, such facts or information shall be corrected promptly. Page 3 of 10 GENERAL CONDITIONS: i6. In the case of an underground injection control permit, the following permit conditions also shall apply: (a) .A~i reports or information required by the Department shall be certzfied as.being ~rue, accurate and complete. (b) Reports.of compliance or noncompliance with, or any progress . reports on, requirements contained in any compliance s~he~ule of this permit shall be submitted no later than 14 days following each schedule date. (c) "Notification of any noncompliance which~may endanger health or the environment shall be reported verbally to the Department within 24 hours and again within 72 hours, ~nd a final written report provided within two weeks. 1. The verbal reports shall contain any monitoring or other information which indicate that any contaminant may endanger an underground source of drinking water and any Noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between underground sources of drinking water. 2. The written submission shall contain a description of and a discussion of the cause Of the n0nC0mpliance and, if it has not been corrected, the anticipated time the noncompliance is expected to continue, the steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance and all information required by Rule 62-528.230(4) (b), F.A.C. (d) The Department shall be notified ~t least 180 days before Conversion or abandonment of an injection well, unless abandonment within a lesser period of time is necessary to protect waters of the 17. The following conditions also shall apply to a hazardous waste facility permit. (a) The following reports shall be submitted to the Department: 1. Manifest dkscrepancy report. If a' significant discrepancy in a manifest is discovere~, the permit~ee shall attempt to rect!fy the discrepancy. ~f not resolved within 15 days after the waJte is received, the p_rmittee shall immediately submit a letter report, including a copy of the manifest, to the Department. 2. Unmanifested waste report. The permittee shall submit an recei t of u manit ste~ w s~ -unmanifes~ednwaS~erep~rtat~ethe Department within 15 days. of 3. B~ennial report. A biennial report covering facility activities during the previous calendar year shall be suomitted bz ~,~arch 1 of each even numbered year pursuant to Chapter 62-730, F.A.C. (b) Notification of any noncompliance which may endanger health or the environment, including the release of any hazardous waste that may endanger public drinking water supplies~or the occurrence of a fire or explosion from the facility which could threaten the environment or human health outside the facility, shall be reported verbally to the Department within 24 hours, and a written report shall be provided %.:ithin 5 days. The Verbal report shall include the name, Address, I.D. number, and telephone number of the facility, its o%~ner or operator, the name and quantity of materials involved, the extent of any injuries, an assessment of actual or potential hazards, and toe estimated quantity and disposition of recovered material. The written submission shall contain: 1. A description and cause of the noncompliance. 2. If not corrected, the expected time o~ correction, and the steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance. no'later than 14 day~ after each schedule date. ~d) All reports or information required by the Department by a azardous waste permittee shall be signed by a person authorized to sign a permit application. Page 4 of 10 pE~MITTEE: Mr. john Guidry Director of utilities Boynton Beach West WTP _ECIF~C COR-DIT~ONS: !. Operating Requirements a. To insure that the flow to the injection well at the wellhead does not exceed sixty-six (66) percent of the mechanical integrity test pressure (!00 pounds per square inch, psi), preBsure at the wellhead snell be monitored and controlled at all times to ensure the maximum pressure on the final . casing does not exceed sixty-six (66) psi and th? ~lnid velocity dovrn t~e well does not exceed a peak hourly flow rate eq~lv~tent to.eight (8.9) feet per second (4.06 million gallons per day, MGD) during routlne operatlon. b. The in~ection well system shall be monitored by continuous indicating, recording and totalizing devices for concentrate flow rate and volume, injection pressure and monitor zone pressure (all zones). Alt gauges and recording ~evices shall be maintained in good operating condition and calibrated semiannually at a minimum. The monitoring zone pressures are to be referenced to the National Geodetic Vertical Datum (NGVD). of 1929, and the monthly monitoring report shall indicate that pressures are referenced to ~GVD. c. The flow from the monitor zones during well evacuation and sampl'in~ shall not be discharged to surface waters or the Underground Source of Drinking Water (USDW) aquifers. d. No underground injection is to be allowed which may cause or allow movement of the injected fluid into any USDW. e. Only reverse osmosis concentrate reject water from the City of Bo!rnton Beach, West Water Treatment Plant shall be disposed via the injection well system. . .. Testing and Reporting Requirements Any failure of injection Well monitoring and recording equipment for a Period of more than forty-eight (48) hours shall be reported to the Department within twenty-four (24) hours. A written.r~Ror~.des~r~b~ng the incident shall also be submitted to the Department wltnzn rmve ~5) Gays of the start of the event. The written ~eport shall contain a complete description of the occurrence discussing its cause(s) and the steps being taken to reduce, eliminate, and prevent recurrence of the event and all other information deemed necessary by the Department. [This space was intentionally left blank.] DER Form 17-1.201(5) Effective!November 30, 1982 Page 5 of 10 PERMITTEE: Mr. John Guidry Director of Utilities Boynton Beach West WTP CONDITIONS I.D. I~JMBER: 5050M03127 PERMIT/CERTIFICAX~UJ~B.~..-~ UO 50-261254 DATE OF ISSUE: ~ EXPIRATION DATE: SS~ b. The following injection well performance and monitor zone data shall be recorded as indicated and reported as indicated: 2) 3)' Injection well performance: * total daily flow to in~egtion well (MG) * daily maximum flow to lnqection well (MGD) * average d~ily ~low to injection well (MGD) * daily maxmmum zn~ection pressure at in~ection well (psig) * daily average in]action pressure at in3ection well (psig) * monthly averages for the above daily measurements Annular zone performance: * water level on pressure compensation tank * daily maximum pressure on annulus (psis) * daily minimum pressure on annulus (psig) Monitor well performance: Physical characteristics of upper and lower monitor'zones: * deity maximum, sustained monitor zone pressure * dail~ minimum, sustained monitor zone pressure (psig; * daily average monitor zone pressure (psig) * monthly averages for the above Chemical characteristics of upper and lower monitoring zones (monthly): * sulfate (mg/L) * sulfide (mg/L) * sulfate/sulfide ratio * total dissolved solids (TDS) (mg/L) * chloride (mg/L) * conductivity (umho/cm) * ph' (standard units) * temperature (oF) * iron (mg/L) (quarterly): * to,al organic carboh (TOC) (mg/L) * to,al hardness (mq/L as CaCO3) * calcium hardness ~mq/L as CaCO3) * magnesium hardness ~mg/L as,CaCO3) * potassium (mg/L) * bromide (mg/L} * sodium (mgTL) * ammonia (mg/L) T~e following wastestream analysis for the injection well will be recorded and reported as indicated. (daily): pH (standard units) conductivity (umho/cm) total dissolved solids (TDS) (mg/L) phosphate (mg/L) total organic carbon (TOC) (mg/L) total hardness (mg/L) ~o~assium (mg/L) romide (mg/L) chloride (mg/L) ammonia (mg~L) sulfate (mg/L) Page 6 of 10 DER Form 17-1.201(5) Effective 1Joventber 30, 1982 pBP~ITTEE: Mr. John Guidry Director of Utilities cj~y of Boynton Beach ..ECIFfC CONDITIONS: I.D~ ~141/MBER:~5050M03t2 PERMiT/cERTIFiCAT~T~D~i~J%~B~UO 50-220795 DATE OF ISSUE: ~ ~ O /J* EXPIR3%TION DATE:~ 3 ~ ~U] C. ~ minimum of three (3) well volumes of fluid shall be evacuated from each monitor system prior to sampling for the chemical parameters listed. All samples shall be analyzed by a state-certified .laboratory. d. A controlled quarterly test of well injectivity (rate/pressure) shall be conducted in accordance with Rule 62-528.430(2)(c), F.A.C., with at least - three specified injection flow rates. The high rate should approach maximum design flow. The following data shall be recorded and reportea at each injection rate: *injection flow rate (m~d) * in~ection pressure (pszg) * wellhead pressure with no flow (shut in pressure in psig) * monitor zone pressures (psig) Ail readings shall be taken after a minimum five (5) minute period of stabilized flow. PUrsuant to Rule 62-528.430(2) (c), F.A.C., as part of the specific injectivity test, the well shall be shut-in for a period of time necessary to conduct a valid observation of pressure fall-off. e. The four surficial aquifer monitor wells identified as Pad Monitor Wells (Oaw's) installed at the corners of the injection well pad shall be i~entified by injection well number, location number and pad location, i.e. N~W., NE, S.W., and SE. These wells shall be sampled quarterly and analyzed for chloride (m~/L), conductivity (umhos/cm), total dissolved solids and water level (relative to NGV]D). The results of these anal.yses shall be submitted with the quarterly well injectivity test r&sults. In addition, these ad m~nitor wells shall be sampled forty-eight (48) hours prior to the initiation and after the completion of mechanical integrity testin~ of the injection well system or any other maintensnce, testin~ or repairs to the s~stem which represent an increased potential for accidental discharge to the surficisl aquifer. The results of these analyses shall be submitted to the department within thirty (30) d~ys of the completion of the activity. A summary sheet from the FDEP Southeast District is attached. Ail injection well data submissions including Monthly Operating Reports (~OR's) shall be clearly identified on eagh page with facility name, I.D. M~mber, permit nuufoer, operator s name, llcense number, d~ytmme phone n~mber, date of sampling/recording and type of data. Monmtor zones shall be identified by ¥;ell and depth interval. The lead plant operator or higher official shall sign and date ~ach submittal. An approved summary sheet from the FDEP Southeast District Underground Injection Control (UIC) Section is ' attached. [This space was intentionally left blank.] Page 7 of 10 DER Form 17-1.201(5) Effective November 30, 1982 PERMITTEE: Mr. John Guidry Director of Utilities Bolrnton Beach West WTP PECIFfC CONDITIONS: I.D. Number: 5050M03127 PERMIT/CERTIFICAT~Q~ /~B~,E~..~%, UO 50-261254 DATE OF ISSUE: EX PIPJ~TION DATE: . The monthly reports shall be submitted to this office (FDEP, UIC Section, P.O. Box 15425, West Palm Beach, FL 33416) and our Tallahassee office (FDEP, UIC Section Twin Towers Building, 2600 Blair Stone Road, Tallahassee, Fio~ida 32399-2400) by the fifteenth (15) of each month. A wasteStream analysis (twenty-fohr (24) hour composite sample) for prima~y and secondary drinking water standards (62-550 F.A.C.) and minimum criteria, see attached list, must be submitted annually (sampled in February and submitted in April). The permittee sh'all submit the final report for the demonstration of mechanical integrity for the injection well prior to Decem3Der 31, 1995~ an~ every five (5) years thereafter in compliance with the criteria established in Rules 62-528.425(1) (d) and 62-528.300(6) (c), F.A.C.: TV survey, casing/tubing pressure test, radioactive tracer survey, temperature log, and a graphically evaluation of monitoring well data over the p.revious five (5) year period. A plan describing the mechanical integrity ~rocedures shall be submitted to the Department for approval at least one hunGred eighty (180) days' prior to the flnal report due date noted above. In the event { operational or other data xndicate a possible loss of integrity in the injection well, the mechanical integr!ty and other testin~ may be required at less than a five (5) year interval. The operating permit renewal application with appropriate application fee for the injection well shall be submitted at least sixty (60) days prior to the expiration date o~ the permit. 3. Surface Equipment The integrity of the monitor zone sampling system shall be maintained at all times. Samplin~ lines ~nd equipment ~hall be kept free'of contamination with independent discharges and no interconnections with any other lin~s. Sampling lines shall be clearly and unambiguously identified by sampling zone at the point a~ which samples are dra%~. The surface equipmen~ for the injection well system shall maintain compliance with Chapter 62-600 FiA.C. for water hammer control, screening, access for logging and testing, reliability and flexibility in the evenu of damage to the %~ell and effluent piping. A regular program of exercising the valves integral to the well head shall be instituted. At a minimum, all valves integral to the well head shall be exercised during the regularly scheduled quarterly injectivity testing. The injection %.:ell and monitoring well surface equipment and piping shall be kept free of corrosion at all times spillage onto the injection well pad during construction activities, and any ~aters spilled during mechanical integrity testing, other maintenance, testing or repairs to the system shall be contained by an impermeable wall around the edge of the pad and directed to a sump pump which in turn discharges to the pumping station w=t well or via other approved means to the injection %cell system. The in'ection well construction pad %~ith imnermeable perimeter retaining %;all s~all be maintained and retained in service for the life of the injection well. The injection end monitoring well pad(s) a~e not, unless specific aoproval is obtained from the Department, to be used for storage of any material or equipment at any time. The four surficial a~ifer monitor wells installed at th~ cor~er~ of.the injection well pad shall be secured, maintained and retaxned in .~ervlce. Page 8 of 10 ~ER Form 17-]..201(5) ffective November 30, 1982 PERb~iTTEE: Hr. John. Guidry Director of Utilities B~ ~ton Beach West WTP I.D. Number: 5050M03127 PER~4IT~E~T~F!CATION k~3~R~UO 50-261254 DATE OF iSsU~ ~ ~ U ~0 EXPIRATION DATE :~ 3 ~ k~ul .ECIFI~ CONDITIONS: 4. Financial Responsibility Th'8 p~rmittee shall maintain the resources necessary to close, plug and abandon the injection and associated monitor wells, at all times (Rule 62~528.435(9), F.A.C.). ' The permittee shall review annually the plugging and abandonment cost estimates. An increase of t~n. (%0) percent~or_m~e ove~ the cost e~timate upon which financial respons%b~l~ty is base~ s~a+i require the perm%ttee to submit documentation to obtain an updated Certificate of Demonstration of Financial Responsibility. In the event the mechanism used to demonstrate financial responsibility should become invalid for any reason, the permittee shall notify the Department of Environmental Regulation in writing within fourteen (14) days of such invalidation. The permittee shall then within thirty (30) days of sa~id notification submit to the Department for approval new financial d~cumentation in order to comply with Rule 62-528.435(9)., F.A.C., and thA conditions of this permit; 5. Emergency Disposal A~l applicable federal, state, and local permits shall be in place to allow for any alternate discharges due to emergency or planned outage conditions. Any proposed chan~es in emergency disposal.methods shall be_submitte~ for UZC-Technical Advisory Committee (TAC; review anG DepartmenE approval prior to.implementation. The alternate disposal method '~pproved by the Department 'as a part of this permit shall be maintained in working order at all timeb. In the event of an emergency and/or discharge, or other abnormal event where the permittee is temporarily unable to comply with any of the conditions of this permit due to breakdov~ of equipment, power outages, destruction by hazar~ or fire, wind, or bv other cause the Department shall be notified in person or by telephone within twenty-four (24) hours of the incident. A written report describing the incident shall also be submitted to the Department within five (5) days of the start of the incident. The written report shall contain a complete description of and discuss the cause of the emergency and/or discharge, and if it has been corrected, the anticipated time the discharge is to continue, the steps being taken to reduce, eliminate, and prevent recurrence of the event, and all other information deemed ngcessary by the Department· Signatories a. ' All reports and other submittals required to comply with this permit shall be signed by a person authorized under Rules 62-528.340(1) or (2), F.A.C. b. In accordance with Rule 62-528.340(4), F.A.C., all reports shall contain the following certification: '~I certify under Penalty of law that this.document and.a%l attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information suh!nitted. Eased on my inquiry of the person or persons who manage the system, or those persons directly responsible for page 9 of 10 ~atherin~ the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties · f6r submittin~ false information, incluain~ the possibility of fine.and'imprisonment for knowln~ vlolationB." STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Page 10 of 10 'ER Form 17-1.201(5) ~ffective November 30, 1982 Requested City Commission Meetin~ Dates [] March 20, 2001 [] ^~il ~, 2001 [] ^~l i?,200~ [] May I, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CRv Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.rr~) April I8,2001 (5:00 p.m.) Requested City Commission Meetine Dates [] May I5, 2~01 [] June 5, 2001 [] June 19,2001 [] July 3, 2001 V-CONSENT AGENDA ITEM C.3. Date Final Form Must be Turaed in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 200I (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 200I (5:00 p.m.) [] Administrative [] Development Plans NATUR~ OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOIHMENDATION: Approve a resolution adopting a new Interlocal Agreement with Palm Beach Cotmty for Boat Club Park Improvements. Grant amount is not to exceed $900,000. EXPL~a~IATION: The City and County had previously entered an Interlocal Agreement for improvements to Boat Club Park and for development of Intracoastal Park. This agreement was later emended to address only Boat Club Park. The City and County now propose to create two Interlocal Agreements, one addressing Boat Club Park improvements and another addressing the development of Intracoastal Park. The hateflocal agreement for Intracnstal Park is still being worked on and will be forwarded sepemtely. This agreement calls for the construction of 75 cas/trailer parking spaces in Boat Club Park and allows for the reimbursement of pre-design costs, retroactive to March 18, 1997. The project must be completed withia 18 months of execution by the board of county commassioners. PROGRAM IMPACT: Approval of this item will allow for the completion of Boat Club Park Improvements using County funding, approval will also allow for the commission to consider a future separate agreement for the development of Intracoastal Park. FISC-al. IMPACT: q~0, 000 Approval of this agreement will secure up to $9~t~ for the improvement of Boat Club Park and extend the deadline for completion of this project by 18 months. ALTERNATIVES: The City could choose to fund the tmprovements to Boat Club Park itsel~ or eliminate the improvements and perform only necessaly~ce; ] /oep .ent.ead's i a e city. .ger',Si a.e Departn~nt Name {J City AttorI~ ? ~inance / Human Resources S:XB ULLETINkFORMSXAGENDA ITEM KEQUEST FORM.DOC RESOLUTION RO 1- ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY (COUNTY) AND THE CITY OF BOYNTON BEACH (CITY) FOR FUNDING OF BOAT CLUB PARK IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the CITY previously entered into an Agreement by Resolution No. R97-20, dated February 4, 1997, and mended by Resolution No. O 00-41, dated March 21, 2000, for the funding of Boat Club Park Improvements; and WHEREAS. changes have occurred in the project scope and project time fxame which required that a new Agreement be entered into; and WHEREAS, the City and County desire to revoke the prior Agreement, as amended, and enter into a new Agreement, which is attached hereto and made a part hereof, as Exhibit "A"; and WHEREAS, the City owns and operates Boat Club Park, located ar federal Highway in the City of Boynton Beach, and the City desires to design and construct boat access improvements at Boat Club Park, to be constructed in Two phases; and WHEREAS, the City has asked the County to financially participate in the design and construction of Boat Club Park Improvements, hereinafter referred to as "the Project" and specifically as "Phase I" and "Phase II" respectively; and WltEREAS, the CITY desires to operate and maintain the Projects upon their completion and said projects shall be open to and benefit all residents of Palm Beach Coungr, and WHEREAS, the Project represents recreation projects enumerated in the $25.3 Million Park Improvement Revenue Bond Issues, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. This Commission does hereby authorize and direct the Mayor and City Clerk to execute an Interlocal Agreement between Palm Beach County and the City of Boynton Beach for funding of Boat Club Park improvements. SectiOn 2 That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of April, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) INTERLOCAL AGREEMENT BETVVEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR FUNDING OF BOAT CLUB PARK PHASE I AND PHASE II IMPROVEMENTS THIS INTERLOCAL AGREEMENT is made and entered into on , by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY" and the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as the "CITY". WITNESSETH: WHEREAS, the CITY previously entered into an Agreement (R-97-366-D) as amended (R-2000-0647-D) for the funding of Boat Club Park Improvements; and WHEREAS, changes have occurred in the project scope and project time frame which required that a new Agreement be entered into: and WHEREAS, CITY and COUNTY desire to revoke the prior Agreement, as amended, and enter into a new Agreement for the development of Boat Club Park; and, WHEREAS, the CITY owns and operates Boat Club Park, located at Federal Highway in the City of Boynton Beach; and WHEREAS, the CITY desires to design and construct boat access improvements at Boat Club Park, to be constructed in two Phases; and WHEREAS, the CITY has asked the COUNTY to financially participate in the design and construction of Boat Club Park Improvements, he~'einafter referred to as "the Project" and specifically as "Phase I" and "Phase I1" respectively; and WHEREAS, the Project represents recreation projects enumerated in the $25.3 Million Park Improvement Revenue Bond Issue, as amended; and WHEREAS, the CITY desires to operate and maintain the Project upon its completion; and WHEREAS, the Project shall be open to and benefit all residents of Palm Beach County; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into I nterlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies Share in common and which each might exercise separately; and WHEREAS, both parties desire to increase the recreational opportunities for residents of Palm Beach County and to enter into this Interlocal Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Intedocal Agreement is to enhance recreational opportunities for use by the public and thereby provide a mechanism for the COUNTY to assist the CITY in the funding of the Project. Section 1.03 COUNTY will pay to the CITY a total amount not to exceed $900,000 for the design and construction of Boat Club Park Phase I and Phase II, as more fully described in the Conceptual Site Plan and Project Description attached hereto and made a part hereof as Exhibit "A". Section 1.04 The CITY agrees to provide any funding necessary to complete Phase 1 and/or Phase II of the Project, in the manner described in Section 3.01. Section 1.05 The CITY agrees that at a minimum it will design and construct seventy five (75) boat trailer parking spaces to serve the boat ramps at Boat Club Park. Section 1.06 The CITY agrees that the first priority will be given to design and construction of Phase I from funding ~rovided by County. Phase I is estimated to cost approximately $500,000. The balance of County funding, up to a total amount of $400,000, will be used for design and construction of Phase II. In the event that total costs for Phase I exceed $500,000, then that excess shall be paid from the remaining balance allocated to Phase I1. If Phase I total costs are less than $500,000, the City may use remaining funds from Phase I, plus the balance of the $900;00 County appropriation for costs of Phase Il. Section 1.07 The COUNTY's representative during the design and construction of the Project shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation Department, telephone no. (561) 964-6600. The CITY's representative during the design and construction of the Project shall be John Wildner, Parks Director, telephone no. (561) 742-6226. Section 1.08 The CITY shal design the Phase I anc~ Phase II of the Project and construct same upon property owned by the CITY as more fully described in Exhibit "B" attached hereto and made a part hereof. Section 1.09 The CITY shall utilize its procurement process for all design and construction services and material acquisitions required for the Project. Said procurement process shall be consistent with all federal, state and local laws, rules and regulations. The COUNTY shall have no contractual obligation to any person retained by the CITY with regard to the Project. Any disputes, claims, or liability that may arise as a result of the CITY's procurement is solely the responsibility of the CITY and the CITY hereby holds the COUNTY harmless for same to the extent permitted by law and subject to the limitations of Chapter 768.28, Florida Statutes. ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01 The CITY shall be responsible for the design and construction of the Phase I and Phase I1 of the Project, hereinafter referred to as "Project". CITY shall design and construct the Project in substantial accordance with Exhibit "A", (Project Description and Conceptual Site Plan), attached hereto and made a part hereof, and with all applicabl(t federal, state and local laws, rules and regulations. Section 2.02 Prior to or upon execution of this Interlocal Agreement by the parties hereto, the CITY shall initiate its procurement process to select the necessary professional engineer and/or architect to perform all engineering and/or architectural design work, including, but not limited to, the preparation of plans, permits and specifications necessary for the design and construction of the Project. Section 2.03 The CITY shall provide a copy of the engineer's and/or architect's programming phase documents (i.e., site plan, floor plan, elevations, etc.) to the COUNTY's Representative for review. The COUNTY's Representative shall review said programming phase documents [o ensure consistency with the intent of this Interlocal Agreement. Section 2.04 The CITY shall be responsible for securing all permits and approvals necessary to construct the Project. Section 2,05 Prior to the CITY commencing construction of the Project, the CITY shall provide a copy of all plans and specifications along with the associated costs thereof to the COUNTY's Representative for review of same to ensure consistency with the intent of this Interlocal Agreement. Section 2.06 The CITY agrees to totally complete the Project and open same to the 3 public for their intended use within eighteen (18) months from the date of execution of this Interlocal Agreement by the parties hereto. Upon notification to the COUNTY at least ninety (90) days prior to that date, the CITY may request an extension beyond this period for the purpose of completing the Project. The COUNTY shall not unreasonably deny the CITY's request for said extension. Section 2.07 The CiTY shall submit quarterly project status reports for the project to the COUNTY's Representative on or before January 10, April 10, July 10, and October 1'0 during the design and construction of the Project. These quarterly reports shall include but not be limited to, a summary of the work accomplished, problems encountered, percentage of completion, and other information as deemed appropriate by the COUNTY's Representative. ARTICLE 3: FUNDING Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall be paid by the COUNTY to the CITY on a reimbursable basis. Any costs incurred in connection with the Project in excess of that amount shall be the sole responsibility of the CITY. Should the total cost of the Project exceed the amount as projected by the, CITY, the CITY shall budget and appropriate the excess funds required for completior~ of the Project. The COUNTY shall not dispense any funds to the CITY for the Project until the CiTY has budgeted and appropriated said excess funds for the Project. Section 3.02 The COUNTY shall pay reimbursable costs to the CITY on a quarterly basis from the date of execution of this Interlocal Agreement. For each requested quarterly payment, the CI'P~' shall provide to the COUNTY's Representative a fully completed and executed Contract Payment Request Form and a Contractual Services Purchase Schedule Form attached hereto and made a part hereof as Exhibit"C". Said forms shall include information listing each invoice as paid by the CITY and shall include the vendor invoice number; invoice date; and the amount paid by the CITY along with the number and date of the respective check for said payment. The CITY shall attach a copy of each vendor invoice Paid by the CITY along with a copy of each respective check and shall make reference thereof to the applicable item listed on the Contractual Services PUrchase Schedule Form. Further, the CITY's Project Administrator and Project Financial Officer shall certify the total funds spent by the CITY on the Project and shall al!so certify that each vendor invoice as listed on the Contractual Services Purchase SChedule Form was paid by the CITY as indicated. Section 3.03 The COUNTY shall retain not less than ten percent (t0%) of the total amount allocated to the CITY for each Phase of the Project until the CITY completes the total Project and provides the COUNTY with either a Certificate of Occupancy or a Project Completion Certification as determined by COUNTY, and the COUNTY receives and approves all documentation as required in accordance with this Interlocal Agreement. The County's representative shall visit the Project site to verity and approve said final reimbursement. Section 3.04 The CITY shall provide a request for final reimbursement to the COUNTY no later than ninety (90) days following substantial completion of the Project. Sectien 3.05 The COUNTY agrees to reimburse CITY an amount not to exceed $96,000 for those approved pre-agreement costs accruing to the Project subsequent to March 18, 1997, as more fully described in Exhibit"D',, Cost Estimate and Pre-Agreement Cost List. Section 3,06 For construction projects fully funded by the County Bond, no more than 10% of the Bond funding for the project shall be used for design and engineering costs for the project and be eligible for reimbursement under this Agreement. ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT Section 4.01 Upon completion, the Project shall remain the proPerty of the CITY. The COUNTY shall not be required to pay the CITY any additional funds for any other capital improvement required by or of the CITY. Section 4.02 The CITY hereby warrants and represents that it has full legal authority and financial ability to operate and maintain said Project. The CITY shall be responsible for all costs, expenses, fees and charges, and liability related to the operation and maintenance of the Project. The CITY shall operate and maintain the Project for its intended use by the general public for a term of thirty (30) years from the execution of this Interlocal Agreement by the parties hereto. The CiTY shall maintain the Project in accordance with industry standards for such facilities to prevent undue deterioration and to encourage public use. Section 4.03 The rights and duties arising under this Interlocal Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. The CITY may not assign this Interlocal Agreement nor any interest hereunder without the express prior written consent of the COUNTY. Section 4.04 It is the intent of the COUNTY to issue this funding assistance to the CITY for the purpose set forth hereinabove. In the event the CITY transfers ownership of the Project to a party or parties not now a part of this Interlocal Agreement, other than another governmental 'entity that agrees to assume, in writing, CITY's obligations hereunder, the COUNTY retains the right to reimbursement from the CiTY for its participation to the full extent of the funding assistance awarded to accomplish either Project. Should CITY transfer management of the project to a party or parties not now a part of this Interlocal Agreement, CITY shall continue to be responsible for the liabilities and obligations as set forth herein. Further, CITY shall not transfer management of the Project to a third party without the written consent of the COUNTY. ARTICLE 5: USE OF THE PROJECT Section 5.01 The CITY warrants that the Project shall serve a public recreational purpose and be 'open to and benefit all residents of Palm Beach County and shall be available thereto on the same cost and availability basis as to residents of the CITY. The CITY shall not discriminate on the basis of race, color, sex, national origin, age, disability, religion, ancestry, marital status or sexual orientation with respect to use of the Project. Section 5.02 The term of this Interlocal Agreement shall be for a period of thirty (30) years commencing upon the date of execution of this Interlocal Agreement by the parties hereto. The CITY shall restrict its use of the Project to recreational, civic, community, and social purposes only unless otherwise agreed to in writing by the parties hereto. Section 5.03 The CITY shall affix a permanent plaque or marker in a prominent location at each completed Project indicating that the COUNTY was a contributor to the development of the Project. Said plaque or marker shall include the County seal and a list of County Commissioners, unless otherwise directed by the COUNTY's Representative. ARTICLE 6: ACCESS AND AUDITS The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the design and construction of the Project for at least five (5) years after the end of the fiscal year in which the final payment is released bY the COUNTY, except that such records shall be retained by the CITY until final resolution of matters resulting from any litigation, claim, or special audit that starts prior tQ the expiration of the five (5) year period The COUNTY reserves the right, upon r~asonable request and during normal business hours, to inspect said Project and shall h~ve access to such books, records and documents as required in this section for the purpose of inspection or audit. ARTICLE 7: NOTICES Any notice g~ven pursuant to the terms of this Interlocal Agreement shall be in writing and hand delivered or sent by Certified Mail, Return Rece~ pt Requested. All notices shall be addressed to the following: As to the COUNTY: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, FL 3346~ As to the CITY: City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FI 33425 ARTICLE 8: TERMINATION FOR NON-COMPLIANCE The COUNTY may terminate this nterlocal Agreement upon written notice to the CITY for non-compliance by the CITY in the performance of any of the terms and conditions as set forth herein and where the CITY does not cure said non-compliance within ninety (90 ninety) days of receipt of written notice from the COUNTY to do so. Further, upon written notice, the CITY shall reimburse to the COUNTY any funds provided to the CITY pursuant to this Interlocal Agreement, either in whole or in part as determined by the COUNTY. The obligation for (r) Reimbursement is limited to matedal breaches which prevent the operation of the project for its intended recreational purpose as referenced herein. ARTICLE 9. REMEDIES This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, '7 power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Intedocal Agreement including, but not limited to, actions adsing from the breach of any provision set forth herein. ARTICLE 10: FILING A Copy of this lnterlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 11: INDEMNIFICATION CiTY shall indemnify, defend, and hold harmless COUNTY against any actions, claims, o! d~mages arising out of CITY's negligence in connection with this Interlocal Agreement toithe extent permitted by law. The foregoing indemnification shall not constitute a waiver o~ sovereign immunity beyond the limits set forth in Section 763.28, Florida Statutes, nor shall the same be construed to constitute agreement to indemnify the County for the C~unty's negligent acts or omissions. ~ ARTICLE 12: INSURANCE Without waiting the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the CITY acknowledges to be self insured for General Liability under Florida sovereign immunity statutes with coverage limits of $100,000 per person and $200,000 p~r occurrence; or such monetary waiver limits that may change and be set forth by the legislature. Ini the event that the CITY does not rely exclusively on sovereign immunity as provided by Section 768.28, Florida Statutes, the CITY shall agree to maintain third-party CC)mmercial General Liability at limits not less than $500,000 combined single limit for bq)dily injury or property damage. With respect to Commercial General Liability, CITY shall agree to add the COUNTY as an "Additional Insured". Any claims-bill tailored coverage shall not be considered third party liability for the purpose of this paragraph. Tl~e CITY agrees to maintain or to be self-insured for Workers' Compensation and Employer's Liability insurance in accordance with Chapter 440, Flodda Statutes. The CITY agrees to maintain or acknowledges to be self-insured for property insurance, which would include builder's risk insurance while the project is in the course of 8 construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum; thereafter, Ali-Risk property insurance for adequate limits based on the CITY's replacement cost or probable maximum loss estimates for the perils of either fire, wind, or flood. CITY shall agree to be fully responsible for any deductible or self-insured retention. The CITY shall agree to provide a statement or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which COUNTY agrees to recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve CITY of its liability and obligations under this Interlocal Agreement. ARTICLE 13: CAPTIONS The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. ARTICLE 14: SEVERABILITY If any term or prevision of this interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenfomeable, the remainder of this Interlocal Agreement, orthe application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Intedocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 15: ENTIRETY OF AGREEMENT This Intedocal Agreement represents the entire understanding between the COUNTY and the CITY, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Intedocal Agreement. None of the provisions, terms and conditions contained in this Intedocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. ATTEST: DOROTHY H. WILKEN, CLERK PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By:. Deputy Clerk Warren H. Newell, Chairmad ATTEST: CITY OFBOYNTON BEACH By:. City Clerk By:. Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:, County Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney 10 Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17i2001 [] May 1, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) ApriI 4, 2001 (5:00 p.m.) April 18,2001 (5:00 p.mO Requested City Commission Meeting Dates [] May 15,2001 [] Jtme 5, 2001 [] June 19,2001 [] suly 3, 2OOl V-CONSENT AGENDA ITEM C.4. Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 200I (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of agreement between the City of Boynton Beach and Dos Lagos H.A. for the enforcement of traffic laws on Dos Lagos property. EXPLANATION: The Dos Lagos Homeowner's Association controls private roadways located within their subdi¥ision on which they have posted speed restriction signs and other traffic control devices. In order for the Boyn~on Beach Police Department to enforce the traffic laws on the roadways owned by this association, an agreement allowing such enforcement action is necessary pursuant to the Florida Statutes 316.006. PROGRAM IMPACT: No impact on the operation of the Police Department FISCAL IMPACT: None ALTERNATIVES: None Department Name wCi(y Manager's Signature City Attornd,~q b'lnance / Human Resources SABUELETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC CONSENT ' - AGENDA RESOLUTION R01- ITEM C.4, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MUNICIPAL TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND DOS LAGOS HOMEOWNERS ASSOCIATION, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Dos Lagos Homeowners Association, Inc., hereinafter referred to as "Association") owns or controls certain ,rivate roads lying and being in the City of Boynton Beach, Florida; and WHEREAS, Association does not have the power to enact or ;nforce traffic laws within the Association, nor can it hire others with police power to do so; and WHEREAS, pursuant to Chapter 316.006(b), Florida Statutes, the Association hereby grants to the City of Boynton Beach, municipal traffic control jurisdiction over all those certain private roads in said Association. 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 does hereby authorize and direct the Mayor and City Clerk to execute the Municipal Traffic Control Jurisdiction Agreement between the City of Boynton Beach, Florida and Dos Lagos Homeowners Association, Inc., attached hereto as Section 2. upon passage. ~,TTEST: City Clerk (Corporate Seal) Exhibit "A". This Resolution will become effective immediately PASSED AND ADOPTED this day of April, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner apm Associated Property Management of the Palm Beaches, Inc. November 15, 2000 Office of City Attorney City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach. FL 33425-0310 Attention: Rose Marie LaManna Regarding: Dos Lagos Homeowners Association. Inc. Municipal Traffic Control Jurisdiction Agreement Dear Ms. LaManna: Enclosed you will find the above referenced document, signed by the Dos Lagos Homeowners Association. Inc. President Klm Sittser. Kindly forward this to the Chief of Police for consideration and approval. Thank you for your assistance in this matter. Sincerely, Associated Property Management o.f.-t~e Pa~ Beaches, lnc, Emil J, ~ipioni, LCAM Property'~lVianager For the Board of Directors Dos Lagos Homeowners Association, Inc. cc: Board of Directors /pat 400 South Dixie Highway, Suite 10, Lake Worth, Florida 33460 * 561-588-7210 · assocpropmgt@bellsouth.net MUNICIPAL TRAFFIC CONTROL JURISDICTION AGREEMENT FOR DOS LAGOS THIS AGREEMENT, made and entered into this __ between: day of ~ 2001, by and CITY OF BOYNTON BEACH, FLORIDA A municipal corporation 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 (hereinatter referred to as CITY) and DOS LAGOS HOMEOWNERS ASSOCIATION C/O ASSOCIATED PROPERTY MANAGEMENT 400 S, Dixie Highway, Suite 10 Lake Worth, FL 33460 (hereinafter referred to ASSOCIATION) WITN ESSETH: WHEREAS, ASSOCIATION is the party who owns or controls certain private roads lying and being in the City of Boynton Beach, Palm Beach County, Florida; and WHEREAS, ASSOCIATION does not have the power to enact or enforce traffic laws within the ASSOCIATION nor can it hire others with police power to do so; and WHEREAS, signs installed on private roads in the ASSOCIATION "establishing" speed limits and other restrictions cannot be effectively enforced by the ASSOCIATION, and violators often disregard them with impunity; and WHEREAS, it is the desire of the CITY to afford some measure of traffic enforcement for all residents of the CITY, wherever they may be situated; and WHEREAS, the funds to provide sufficient traffic enforCement for privately owned roads have not beetprovided in the CITY's current budget; NOW, THEREFORE, the parties agree as follows: (1) Pursuant to Chapter 316.006(b), Florida Statutes, the ASSOCIATION hereby grants to CITY and CITY hereby accepts from ASSOCIATION, municipal traffic control jurisdiction over all those certain private roads in said ASSOCIATION, (2) The CITY OF BOYNTON BEACH POLICE DEPARTMENT shall provide traffic enforcement service on certain private roads in DOS LAGOS. This level of service shall be determined solely by the City of Boynton Beach Chief of Police and shall be based upon the availability of police personnel. (3) In order to reimburse the C~I-Y for the actual costs of this increased traffic control and enforcement, ASSOC~TION shall pay to the OTY the sum of SNone Dollars ($-0-) per hour for one (1) fully equipped traffic enforcement officer. (4) The Police Chief shall choose the hours and days of operation, the choices may be based upon information from the ASSOC~a,'I-[ON and the observations of the Police Department. (5) ASSOC~TION shall be billed upon a monthly basis and shall promptly pay such invoice within ten (10) days of receipt. (6) Traffic control devices must conform to the requirements contained in the United States Department of Transportation Manual on Uniform Traffic Control Devices for Streets and Highways as adopted by the City of Boynton Beach City Commission. The determination as to whether the signs meet the warrants for installation and/or conform to the manual shall be made solely by the C~I'Y. (7) To the fullest extent permitted by law, the ASSOCIATION shall indemnify, defend, save and hold harmless the C~rI'Y, its officers, agents and employees, from all claims, damages, losses and liabilities arising out of or alleged to have arisen out of or in consequence of th;e operations, acts, omissions, negligence or tortuous conduct of the ASSOC~A'I'~ON or its agents, officers, servants, independent contractors or employees pursuant to this Agreement. Such indemnification shall not include indemnification for damages, losses or liabilities caused by C~TTY's active negligence. (8) This Agreement may be modified in writing by mutual agreement of the parties. (9) This Agreement may be terminated by either party upon thirty (30) days written notice to the other party. .~N W~TNESS WHEREOF, ASSOC~TION and C~TY have set their hands and seals, as of the day and year first above written. CITY Of BOYNTON BEACH, FLORIDA APPROVED ASTO FORM: City Attorney Mayor DATE: Al-rEST: City Clerk STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me, the undersigned in and for the State of Florida, on the day of , Mayor and Suzanne Kruse, City Clerk. notary public , 2001, by Notary Public STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me, the undersigned in and for the State of Florida, on the t,_.~-v~ day of k~t ¢,¢h ~?--~, "~'~ ~_.~¢<__ , President of DOS LAGOS. ,/'/Personally known to me, or Produced Identification: notary public , 2001, by S:ca\agrkDOS LA6-0S022201 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Fiual Form Must be Turned in to CitY Clerk's March 7, 2001 (5:00 p.m.) March 21,2001 (5:00 p.ra_) April 4, 2001 (5:00 p.m.) April 18,2001 (5:00 p.m.) Requested Ci~ Commission Meeting Dates [] May 5. 2001 [] June 5.2001 [] June 19. 200l [] July 3. 2001 V-CONSENT AG ENDA Date Final Form Mus$ be Turned in to CRy Clerk's Offic~ May 2. 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 200t (5:00 p.m.) Sune 20, 2001 15:00 p.m.) NATURE OF AGENDA ITI~M [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion authorizing the Mayor to sign a License Agreement for a Municipal Surface Parking Lot with the Congregational United Church of ChrisL EXPLANATION: We have been able to successfully negotiate a License Agreement with the Congregational United Church of Christ for the use of their parking lot on the north side of N.E. 1= Avenue. The Chumh will allow the City to make improvements to the lot (new asphalt surface, new wheel stops, new striping and the installation of parking meters). This lot can then be used for publi~C parking in the downtown area. The lot will support up to 30 new spaces. PROGRAM IMPACT: This lot, ~n combination with the proposed use of the FEC lot (22 new spaces which are currently being negotiated with the Railroad) and the existing City lot at Ocean Avenue and 4th Street (23 spaces) will give the City control of 75 parking spaces in the immediate downtown area This will go a long way toward solving some of the downtown parking problems. FISCAL LMPACT: This ~agreement calls for an annual license donation to the Church of $3,500.00. Initial parking lot improvements can be completed for less than $10,00(3,00. There are funds in the Visions S ABULLETINWORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 20/20 Surface Parking Project account (# 302-1211-512-63.32)to pay for the annual donation and for the initial surface improvements. ALTERNATIVES: Not to sign the License Agreement, thereby forgoing the opportunity to use these 30 spaces ~n this downtown lot. Department Head's Si~ature Economic Development D~partmem Name Cit~ Manager's Signa~.~ ~ City Attorney / Finance / Human Resources RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND APPROVING A LICENSE AGREEMENT FOR MUNICIPAL SURFACE PARKING LOT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH CONGREGATIONAL UNITED CHURCH OF CHRIST; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this Agreement governs the use of the parking lot on the north side of N.E 1st Avenue owned by the Congregational United Church of Chdst; and WHEREAS, City staff and the Church have been able to successfully negotiate a License Agreement for the use of the Church parking lot on the north ;ide of N.E 1s' Avenue, to be utilized for parking in the downtown area; and WHEREAS, upon recommendation of staff, the City Commission has Jeemed that execution of this Agreement will be in the best interests of the citizens and residents of the City of Boynton Beach; 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 does hereby authonze and approve a License Agreement between the City of Boynton Beach and the Congregational United Church of Chdst, providing for public parking in the downtown area, which Agreement is attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this City Clerk Corporate Seal) day of April, 2001, CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner :ca~ResoWgi~.icense Agr- Congregational United Churc~ of Chds LICENSE AGREEMENT FOR MUNICIPAL SURFACE PARKING LOT This LICENSE AGREEMENT is made on the day of , 2001, .between BOYNTON BEACH CONGREGATIONAL UNITED CHURCH OF CHRIST ("the CHURCH") and THE CITY OF BOYNTON BEACH, FLORIDA ("the LICENSEE"). The Parties, in consideration of the mutual covenants hereinafter set forth agree as follows: 1. GRANT OF LICENSE. The CHURCH permits the LICENSEE to use the areas shown edged red on the attached plan ["the PARKING LOT"] at the north side of N.E. 1st Avenue for a LICENSEE controlled surface parking area, subject to the LICENSEE complying with conditions and regulations relating to the PARKING LOT; The legal or survey description' of the PARKING LOT is attached as Exhibit "A". 2. PGGHTS OF TERMINATION. The LICENSEE'S right to occupy the PARKING AREA shall be deemed to have commenced and shall continue till either: a) the LICENSEE gives two (2) months written notice to terminate this License, or b) the CHURCH, following the first year of this License gives give six (6) months notice to terminate. 3. LICENSE FEE. The License Fee payment ["the FEE"] for the PARKING LOT shall be $3,500.00 payable in the form of a donation~ to the CHURCH, made annually by LICENSEE to the CHURCH, in advance, commencing April 1, 2001 (the "COMMENCEMENT DATE"). In the event of non-payment the CHURCH may exclude the LICENSEE fi:om the t The designation of payments, but not the mount, shall be modified at the written request of the Church to preserve the Church's not for profit status. 02/23/2001 3:29 PM J:~SHRDATA\CA~Real Estate\church parking licenseRev030601.doc Rev03/06/2001 I2:51 PM PARKING LOT, save for the purpose of removing all the LICENSEE'S property from the PARKING LOT, which shall be done within 48 hours of notice of exclusion, after which period the CHURCH may place the LICENSEE'S property on sale at the expense and risk of the LICENSEE. 4. OBLIGATIONS OF LICENSEE. The LICENSEE, during the term of this [icense shall: a). pay the CHURCH the FEE in the said manner. b). make the improvement to the PARKING LOT listed on Exhibit "B". c). use and occupy the PARKING LOT only for vekicular parking. d). maintain the PARKING LOT in good condition, clean and tidy, free from fire and health hazards. e). remove all rubbish at least weekly to the skip provided by the CHURCH and not to permit any goods, property or displays to be outside the PARKING LOT, or otherwise to obstruct or cause annoyance to other users of the common areas of the PARKING LOT. f). not damage any part of the PARKING LOT and to reimburse the -~/~CH the cost of making good any damage caused by the LICENSEE or any employee or agent of the LICENSEE. g). observe and to cause LICENSEE employees to observe the regulations from time to time made by the CHURCH. h). pay for any special insurance risk premium arising from the LICENSEE'S particular use of the PARKING LOT, and to pay for all additional premiums incurred by ali other 02/23 2001 3:29 PM J:~SHRDATA\CAXReal EstateXchurch parking licenseRev03060 l.doc Rev03/06/2001 12:51 PM occupants of the premises arising out of any activity in, or use of, the premises by the LICENSEE other than that proposed and agreed by the CHURCH in this AGREEMENT. i). coordinate use of the PARKING LOT to accommodate Church services or special events. j). permit the CHURCH and any other person authorized by the CHURCH to enter the PARKING LOT at all times. k). leave the PARKING LOT clean and tidy and in a condition equal to that when first occupied, making good any alterations. 5. OBLIGATIONS OF CHURCH. The CHURCH, during the term of this license agreement shall: a). insure the PARKING LOT [but not any property of the LICENSEE] against fire and' such other risks as it may decide, but reserves the right, and that of its insurers, to recover from the LICENSEE all momes, or other expenses incurred, to which the CHURCH is entitled under tiffs Agreement. b). provide such other services and facilities as the CHURCH considers desirable to maintain the PARKING LOT so long as the additional services or facilities do not interfere with the LICENSEE'S licensed use. c). coordinate with the CITY the CHURCH'S use of the PARKING LOT for services or special events. 6. NON-ASSIGNABILITY. The rights granted to the LICENSEE are personal to the L~CENSEE and are therefore not assignable, or capable of being sub-licensed. It is expressly agreed between the parties that tiffs License creates no tenancy or lease whatsoever between the 02/23/2001 3:29 PM J:kSHRDATA\CAkReal Estatekchurch parking licenseRev030601.doc Rev03/06/2001 12:5I PM parties, nor does this License grant exclusive possession, occupation or use of the PARKING LOT to the LICENSEE. 7. RIGHTS FOLLOWING BREACH. The License hereby granted may be terminated immediately by the CHURCH if in the LICENSEE is in breach of any of the conditions hereof, provided that the LICENSEE shall first be given notice and reasonable opportunity to cure the breach. 8. COMMENCEMENT DATE. This license shall commence on the 1st day of April. 2001. 9. TERM. The term of this agreement shall be for an initial three (3) year term plus two (2) additional three year options in favor of the City. The City shall exercise its option no less than sixty (60) days prior to the end of the initial term or first there year option. BOYNTON BEACH CONGREGATIONAL UNITED CHURCH OF CHRIST BY: DATE: CITY OF BOYNTON BEACH BY: Gerald Broening, Mayor DATE: 02/23/2001 3:29 PM $SSHRDATA\CA~Real Estate~chureh parking [icenseRev030601.doc Rev03/06/2001 12:51 PM Requested City Commission Meetin~ Dates [] March 20,2001 [] April 3,2001 [] April 17,2001 [] May 1,200I V-CONSENT AGENDA ITEM D.I CITY OF BOYNTON BEA( AGENDA ITEM REQUEST Date Final Form Must be Turned in to CiV¢ Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18,2001 (5:00 p.m.) Requested City Commission Meetin~ Dates [] May 15, 2001 [] June 5, 200I [] June 19,2001 [] July 3, 2001 Date Final Form Must be Turned in to Ciw Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report REcoMMENDATION: Please place this request on the April 3, 2001 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote of 7-0 recommended that the subject request be denied. For further details pertaining to th/s request see attached Deparnnent of Development Memorandum PZ 01-035. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: M & M APPLIANCE Kim Dellastatious Michael and Marsha Morakis 915 N. Federal Highway Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, H. 16.d. (12), to allo;v nine (9) parking spaces in lieu of the sixteen (16) required by code, a variance of seven (7) spaces for a retail business in a C-4 zoning d/strict. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: . N/A [,,'fSrrector~of Development City Manager's Signature Pluninng and Zoning Di[ecttor City Attorney / Finance / Human Resources \\C ItLMAIN~ HRDATAkPI an nih g~S HARED\WP~PRO JECTS\ Agenda Item Request M&M Appliance 4-3-01.dot SABULLETINkFORMS~AGENDA ITEM PdEQUEST FORM.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: M & M APPLIANCES APPLICANT'S AGENT: Michael & Marsha Morakis APPLICANT'S ADDRESS: 915 North Federat Highway, Boynton Beach DATE OF CITY COMMISSION PUBLIC HEARING: April 3, 2001 TYPE OF RELIEF SOUGHT: Number of parking spaces required for a commercial building addition LOCATION OF PROPERTY: 915 North Federal Highway, Boynton Beach DRAWING(S): SEE EXHIBIT "A and B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 X 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 "D" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. X 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: S:'~PLAN N]N G~ HARED\WP~P RO JECTS\M & M APPLIANCE~M & M APPUANCE ZONING CODE VARIANCE~DEVELOPMENT ORDER.DOC EXHIBIT "C" Conditions of Approval Project name: M & M Appliances File number: ZNCV-00-022 (Number of parking spaces) Reference: Zonin~ Code Vat/ance Application dated Der 2000 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILi~I1ES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: NONE X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. MWR/pat DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01-035 SITE PLAN REVIEW STAFF REPORT PLANN NG AND DEVELOPMENT BOARD AND CiTY COMMISSION March 6, 2001 DESCRIPTION OF PROJECT Project Name/No.: M & M Appliance / MSPM 00-006 Property Owner: Michael & Marsha Morakis Applicant/Agent: Klm Dellastatious Location: Address: 915 North Federal Highway The subject project is located just north of Northeast 6th Avenue and lies approximately 1.400 feet south of the C-16 Canal. Land Use/Zoning: GC General Commercial / C-4 (General Commemial District) Type of Use: Retail Project size: Site Area: 0.25 acres (10,722 square feet) Building Area: Existing building area: 1,967 square feet Proposed building area: 1,196 square feet Total building area: 3,163 square feet Adjacent Uses: (see Exhibit "A" - Location Map) North Moore's Discount Mufflers zoned C-4; South Joe's Market zoned C-4; East U.S. 1 (Federal Highway) Right-of-way, farther east N & D Auto Repair zoned C-4; and West Florida East Coast Railroad Right-of-way. Site Characteristics: The subject site is fully developed, comprised mainly of two square shaped lots which supports a 1,967 square-foot structure and seven (7) parking spaces. There are chain link fences six (6) feet in height in place along the rear (west) and side (north and south) property lines. As part of this proposal, the chain link fence along the northern property line will be restored to that of its original condition. The chain link fence on the southern property line will be extended eastward one (1) foot beyond a new building egress door and the fence will contain matching material of the existing fence. Proposal: This proposal is to construct a one and one-half (1½) stow addition to an existing retail building on 0.25 acres (see Exhibit "B" - Proposed Site Plan). The new 1,196 square-foot building addition will consist of 926 square feet of ground floor building area (storage¢;~ service) and 270 square feet of mezzanine area (storage) for a total building area of 3,1(.. square feet. Located to the rear of the building addition and hidden from the street will be an 18 feet by 9 feet outside "appliance washdown" area. This washdown area requires an Environmental Review Permit, which the applicant has requested and is now pending approval from Staff. It should be noted that the existing use conforms with the C-3 zoning Page 2 M & M Appliance - Si[e Plan Review Staff Report Memorandum No. PZ 01-035 Concurrency: a, Traffic b. Drainage- ~'iveways; Parking F~cility Landscaping district regulations and is therefore in compliance with the "Zoning in Progress / Notice of Intent" that is currently in effect for the subiect property. The proposed building addition is eighteen and one-half (18'-6") feet in height. The dumpster will be located in the northwest corner of the site. Two new parking spaces are proposed, of which, one will be a parallel parking space located in the northeast corner of the property near the project entrance. A traffic Statement for this project was submitted and was sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined the project met the Traffic Performance Standards of Palm Beach County. This project is not subject to the City's concurrency ordinance regarding drainage (Chapter 1.5, Article Vt, Section 10.B.). Conceptual drainage information was submitted for the City's review and the Engineering Division has no additional comments. However, exemption of a development order or permit from the concurrency requirement shall not relieve the obligation of the applicant in obtaining the necessary permits / approvals from all applicable reviewing agencies such as the Lake Worth Drainage District and South Florida Water Management District. The on-site traffic circulation will maintain its original configuration. The existing twenty-four (24) foot wide two-way driveway, which provides ingress/egress onto (U.S. I Federal Highway), is located eighteen feet south of the northeast corner of the property. A total of sixteen (16) spaces are required for the proposed use based on the ratio of one (1) space per 200 square feet of gross retail floor area. There are currently seven (7) existing parking spaces. Two new spaces are now being proposed. The total number of parking spaces proposed equals nine (9), of which, one (1) space is designated for handicap use. All 90° spaces, except the lone handicap space will be dimensioned nine feet by eighteen feet (9' x 18') and will include wheelstops. The parallel parking space will be nine feet by twenty-five feet (9' x 25'). The single parking aisle, which includes a nonconforming back-up distance, is proposed to be widened to conform to the minimum 27 feet. However, the parking facility would remain with a single entrance and dead-end terminus. Therefore vehicles will have limited turning movement options which would be further limited during the presence of delivery vehicles. Both delivery vehicles and the solid waste collection truck will be required to back out of the site onto US-I/Federal Highway. It should be noted that this project will require a parking variance from Chapter 2, Section 11.H. in order to allow nine (9) parking spaces rather than the minimum sixteen (16) parking spaces as required by Code. The subject site plan could not be approved without the granting of the parking space variance. The plan meets the minimum landscape requirements as set forth in the City Code. Existing hedge material is found along the front and side property lines. The landscape plan proposes an additional Conocarpus erectus (Green Buttonwood) buffer hedge along the north property line. This hedge will also surround the dumpster enclosure as a means of providing additional landscaping in order to enhance the attractiveness of the structure and overall site. Presently, the entire portion of the rear tot contains existing asphalt. The landscape plan proposes to remove the asphalt and replace it with appropriate groundcover Page 3 M & M Appliance - Site Plan Review Staff Report Memorandum No. PZ 01-035 Building and Site: Community Design: Signage: / sod in ail areas of the site excluding the drive aisle and parking areas. Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The architectural design for the one and one-half (1½) stow building addition will be stucco finish to match the stucco of the existing building. The stucco walls will be repainted off- white (Porter Paint 7148-1) and the new blue metal fascia will match the existing metal fascia (Delcoa- Royal Blue). The project is neither proposing additional signage nor will it have an impact on the existing signage. RECOMMENDATION: In conjunction with this site plan modification, the applicant has submitted a variance for the number of parking spaces required for the site. The site is already deficient in parking by three (3) spaces. The proposed addition will fur[her this parking deficiency. Staff has recommended denial of the variance due to lack of hardship. The building addition is being proposed to eliminate the outdoor storage currently existing on site. Staff acknowledges that the present use may have outgrown it's current facility, however the proposed addition would exacerbate the already non-conforming parking situation. Staff, therefore, recommends denial of the site plan. If the Board decides to approve the site plan, the approval should be subject to the comments included in Exh~_ ~. "C" - Conditions of Approval and contingent upon the granting of the parking variance. The Technical Review Committee (TRC) recommends that the deficiencies identified in Exhibit "C" be corrected on the set of plans submitted for building permit. xc: Central File \\CH\MAINSSHRDATA~PlanningXSHARED\WP\PROJECTS~Vl & M ApplianceLM & M Appliance MSPM\Staff rcpor~ MSPM 00-00al.doc LOCATION MAP M + M Appliances EXHIBIT "A" '0 1/8 'N ~NN~ '~nn ~,z~X~ HIBIT "B" Il ! o ! {! i Requested City Commission Meetine Dates [] March 20,200I [] April 3, 2001 [] April I7,2001 [] Mayl,2001 V-CONSENT AGENDA CITY OF BOYNTON BEAC[ ITEM D.2. AGENDA ITEM REQUEST FO1 Date Final Form Must be Turned in to CiW Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) ApriI 4, 2001 (5:00 p.m.) April 18,2001 (5:00p.m.) Requested City Commission Meefinff Dates [] May I5, 2001 [] June 5, 2001 [] June 19,2001 [] July 3,200I Date Final Form Must be Turned in to City Clerk's Office May 2, 200l (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 200I (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECO IMENDATION: Please place this request on the April 3, 2001 City Commission Agenda under Consent Agenda. The elannnig~ an~d D. evel,opn}ent Board. with a .vote of 6-I recommended that the subject request be approved, subject to staff comments, eor tm't~er netails pertalnmg to this request see attached DeparUnent of Development Memorandum PZ 01-051. EXPLANATION: PROJECT NAME: AGENTi OWNER: LOCATION: DESCRIPTION: PACKAGING CONCEPTS - DRIVEWAY SEPARATION Winston Lee, ASLA, AICP PJM and Associates, L.C. Quantum Park Lots 47, 47B, 47C, and 47D Request relief from Chapter 2, Zoning, Section 7 - PID, H.3, to reduce the required driveway distance separation from one hundred and fifty (150) feet as required by code to one hundred and seven (107) feet within a PID zoning district, to allow a forty three (43) foot reduction. PROGRAM[ IMPACT N/A FISCALi IMPACT: N/A ALTERNATIVE~ N/A City Manager's Signature Planning anal 2~ning/Ir~eerector City Attorney / Finance / Human Resources J:XSHRDATAkPlanning~SHARED\WPkPROJECTS\Quantum Park Lot 47 (Packaging Concepts)kZ2qCV 01-002kAgenda Item Request.dot S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Packaging Concepts at Quantum Park APPLICANT'S AGENT: Winston Lee, ASLA, AICP, of Winston Lee & Associates, Inc. APPLICANT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106, West Palm Beach, Florida 33409 DATE OF CITY COMMISSION RATIFICATION: 4/03/01 TYPE OF RELIEF SOUGHT: Zoning Code Variance (driveways distance separation) LOCATION OF PROPERTY: 4925 Park Ridge Blvd. DRAWING(S): SEE EXHIBIT "Al and B" A'FI'ACHED HERETO. X THIS MA'FI'ER 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 found 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 hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~XHAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP'd='ROJECTS\Quantum Park Lot 47 (Packaging Concepts)~ZNCV 01-002~DEVELOPMENT ORDER.doc EXI-IIBIT "C" Conditions of Approval Project name: Packaging Concepts File number: ZNCV 01-002 (driveways distance separation) Reference: Zonina Code Variance application dated January 9. 2001. DEPARTMENTS [ INCLUDE REJECT PUBLIC WORKS comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments None X FORESTER/ENVIRONMENTALIST Comments:, None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS To b~ determined. ADDITIONAL PLANNING AND ZONING BOARD COMMENTS 13. COmments: None X DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION COMMENTS t4. To be determined. DEVELOPMENT DEPARTMENT Memorandum No. PZ 01-051 Staff Report Planning and Development Board and Ci~' Commission Date: March 19, 2001 File No: ZNCV 01-002 (driveways distance separation) Location: 4925 Park Ridge Road, Boynton Beach Agent: Winston Lee, ASLA, AICP, of Winston Lee & Associates Project: Packaging Concepts Request: Request for t~vo (2) variances from the City of Boynton Beach Land Development Regulations, Chapter 2-Zoning, Section 7~31anned Industrial Development (PID), H.3, to reduce the minimum separation bet~veen driveways: 1) from I50 feet as required by code to 107 feet to allow a forty three (43) foot reduction; and 2) from 150 feet as required by code to 145 feet to alloxv a five (5) foot reduction. BACKGROUND Winston ]Lee, ASLA, AICP, of Winston Lee & Associates, agent for Packaging Concepts is requesting to reduce the minimum required distance bet~veen driveways from 150 feet to t07 feet, and from 150 feet to 145 feet, both on Beta Drive, along the east side of the 3.65-acre Packaging Concepts property, on lots 47- B, 47-C, ~nd 47-D, Quantum Industrial Park, PIE). Packaging Concepts was ori~nally approved in September of I995 as a 25,838 square-foot office/warehouse building. The developer proposes to construct ¢ one-story 28,000 square-foot office/xvarehouse addition to the existing facility for a total building area of 53,838 square feet (see Exhibit "A" - location map). Currently, the site contains access via one (1) existing driveway connection to Park Ridge Boulevard to the north, and one (1) connection to Beta Drive to the east, both consistent with the Quantum Park Master Plan. The proposed site plan for the bnilding addition shows t~vo (2) additional connections to Beta Drive onto the cul-de-sac, both twenty-seven (27) foot wide (see Exhibit "B" - site plan). The P/Z) zoning district limits a project to a maximum of two (2) driveways per developable parcel. The two (2) proposed driveways ,are consistent ~vith this regulation; ho~vever, due to site limitations caused mainly to the presence o~ the adjacent cul-de-sac, the proposed location will place them closer than the minimum required separation distance of 150 feet. The site is proposed to be modified ~vith the common goal of separating vehicular traffic from truck traffic, and separating visitor traffic from operational traffic. Ho~vever, this situation, typical of industrial projects, will tend to generate the need for the maximum the '~mber of driveways and ~vider then normal driveways. In part due to the fact that the southern end of : project ~s accessed by a cul-de-sac, the variance has been ~varranted. The following is a description of the zoning districts and land uses of the properties that surround Packaging Concepts: Page 2 Packaging Concepts File No.: ZNCV 01-002 North - Park Ridge Boulevard and farther north is the Publix Distribution Center. South Boynton Canal C- 16 right-of-~vay. East - Beta Drive and farther east is undeveloped tot 48 in Quantum Park, zoned PD. West Flo~vers Distribution and Safety Kleen businesses in Quantum Park, zoned PD. The code states that zoning code variances cannot be approved unless the board finds the following: That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zomn~ dlstnct. b. That the special conditions and circumstances do not result from the actions of the applicant. That gx-anting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. That literal interpretation of the provisions of this ordinance xvould deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and ~vould work unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that ~vill make possible the reasonable use of the land, building, or structure. That the pant of the variance ~vilI be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. ANALYSIS In reviewing variance requests for minimum drive~vay separation, staff reviewed several criteria to determine justification for alloxving a variance at this site. This analysis focused on the traditional criteria for hardship, specifically on items "e" and "f" above which require that the request will make possible the reasonable use of the land and the structure, and at the same time granting the variance wiI1 be in harmony with the intent of the code and not detrimental nor injurious to the area and public welfare. Also, this analysis focused on the follosving issues: · >age 3 Packaging Concepts File No.: ZNCV 01-002 1) Lot configuration relative to the adjacent road and cul-de-sac; 2) Traffic flow and safety. With respect to lot dimensions and configuration, the subject parcel contains approximately 200 feet of frontage along Beta Drive, which is sufficient to enable the location of one driveway. According to the applicant's response to the above :ritena contained in Exhibit "C', the need for a second driveway on the same road at such a short distance is justified by the need to provide visitors, employees and others with safe access to the parking area separate from track traffic. The applicant feels that by denying this request the maneuverability of public fire and sanitation vehicles, and the commercial tracks as well, will generate an unnecessary and undue hardship, therefore, jeopardizing both safety and traffic flow. It should be noted that the site plan depicts the dumpster location at the southeast comer of the site. It is the opinion of staff that by denying this request the applicant would be forced to redesig2 the project in order to meet the separation requirements, which would likely require some traffic to be combined, and/or the reduction of the project size in order to internalize traffic flow. RECOMMENDATION 2ased on the above analysis, staff finds that this variance request is justified for the following reasons: Special conditions and circumstances exist which are peculiar to the subject property (the existence of the cul-de-sac which reduces property frontage); b. The variance represents the minimum variance needed to utilize the site in the most reasonable ~vay (based on the current proposed site layout and building size/configuration); and c. That granting the variance would be in harmony with the general intent of the regulation to promote safe ahd logical traffic circulation within the Planned Industrial Park (onsite traffic flow will be optimal, and being located at the end of a cul-de-sac, traffic hazards will not be generated given traffic speeds and volume in this area)· Therefore~ staff recommends that this request by Packaging Concepts for a variance from the City of Boynton Beach Land Development Regulations. Chapter 2 - Zoning, Section 7 - Planned Unit Development, H.3, ro reduce the minimum driveway separation distance in a P1D, Planned Industrial District, from 150 feet to 107 feet, and from 150 feet to 145 feet, be granted. No conditions of approval are recommended: however, any conditions of approval added by the Planning and Development board or the City C6mmission will be placed in Exhibit "D". J:kSHRDATA\BlanningxSHARED\WP~PROJECTS\Quanmm Park Lot 47 Packaging Concepts)\ZNCV 01-00?*staffrcport dr/veway distance reduction.doc LOCATION MAP Packaging Concepts CITY: EXHIBIT "A" )I:~OLAJ K OF CI3MME IANTLIM PAl:fF.]. PU '0 l/8 MILE~' 400 '800 F~T ~Z--;~ ,~ EXHIBIT "B" Quar~Lurn l_of. 47 i07 Requested City Commission Meetin~ Dates [] March 20,2001 [] April3,2001 [] April 17,2001 [] Mayl,200I V-CONSENT AGENDA CITY OF BOYNTON BEACE ITEM D.3 AGENDA ITEM REQUEST FOI Date Final Form Must be Turned in to City Clerk's Office March 7, 200I (5:00 p.m.) March 21,2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18,2001 (5:00 p.m.) Requested City Comm/ssion Meetin~ Dates [] May 15, 2001 [] June 5,200I [] June 19,2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May I6, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the April 3, 2001 City Commission Agenda under Consent Agenda. The planning and Development Board ~vith a vote of 6-1 recommended that the subject request be approved, subject to staff comments. For ~urther details pertaining to this request see attached Department of Development Memorandum PZ 01-051. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: PACKAGING CONCEPTS - DRIVE~VAY SEPARATION Winston Lee, ASLA, AICP PJM and Associates, L.C. Quantum Park Lots 47, 47B, 47C, and 47D Request relief from Chapter 2, Zoning, Section 7 - PID, H.3, to reduce the required driveway distance separation from one hundred and fifty (150) feet as required by code to one hundred forty five (145) feet within a PID zoning dislrict, to allow a five (5) foot reduction. PROGRAM IMPACT: N/A FISCAL I~MPACT: N/A ALTERNATIVES: N/A Dir~ur ~f I~eve~opi~_ent- City Manager's Signature Planning and-Zoningq~'i~ctor City Attorney / Finance / Human Resources J:~SHRDATALPlanning\SHARED\WP~PROJECTS\Quantum Park Lot 47 (Packaging Concepts)\ Agenda Item Request MSPM 01-00I.dot S:~BULLETINXFORMSLAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH; FLORIDA PROJECT NAME: Packaging Concepts at Quantum Park APPLICANT'S AGENT: Winston Lee, ASLA, AICP, of Winston Lee & Associates, Inc. APPLICANT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106, West Palm Beach, FIorida 33409 DATE OF CITY COMMISSION RATIFICATION: 4/03/01 TYPE OF RELIEF SOUGHT: Zoning Code Variance (driveways distance separation) LOCATION OF PROPERTY: 4925 Park Ridge Blvd. DRAWING(S): SEE EXHIBIT '%, and B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton BeaCh, Florida appearing on the Consent Agenda on the date above. The City CommisSion hereby adopts the findings and recommendation of the Ptanning and Development Board, which Board found as fotlows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Qrder shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP~PROJECTS\Quantum Park Lot 47 (Packaging Concepts)~ZNCV 01-002\DEVELOPMENT ORDER.doc EXItIBIT "C" Conditions of Approval Project name: Packaging Concepts File number: ZNCV 01-002 (driveways distance separation) Reference: Zonin~ Code Variance application dated January 9, 2001. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS To be determined. ADDITIONAL PLANNING AND ZONING BOARD COMMENTS 13. Comments: None X DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION COMMENTS 14. To be determined. S:~PLANNING/S~D\WP\PRO JECTS\Q UANTU~[ PAi~K LOT 47 (PACICAGING CONCEPTS)~,ZNCV 01 002\CONT)ITIONS OF APPROVAL.DOC DEVELOPMENT DEPARTMENT Memorandum No. PZ 01-051 Staff Report Planning and Development Board and Ci~' Commission Date: March 19, 2001 File No: ZNCV 01-002 (driveways distance separation) Location: 4925 Park Ridge Road, Boynton Beach Agent: Winston Lee, ASLA, AICP, of Winston Lee & Associates Project: Packaging Concepts Request: Request for t~vo (2) variances from the City of Boynton Beach Land Development Regulations, Chapter 2-Zoning, Section 7-Planned Industrial Development (PII)), I-I.3, to reduce the minimum separation between driveways: 1) from 150 feet as required by code to I07 feet to allow a forty three (43) foot reduction; and 2) from 150 feet as required by code to 145 feet to allow a five (5) foot reduction. BACKGROUND Winston Lee, ASLA, AICP, of Winston Lee & Associates, agent for Packaging Concepts is requesting ~o reduce the minimum required distance between drive~vays from 150 feet to 107 feet, and from 150 feet to 145 feet, both on Beta Drive, along the east side of the 3.65-acre Packaging Concepts property, on lots 47- B, 47-C, and 47-D, Quantum Industrial Park, PID. Packaging Concepts was ori~nally approved in September of I995 as a 25,838 square-foot officeAvarehouse building. The developer proposes to construct a one-story 28,000 square-foot office/~varehouse addition to the existing facility for a total building area of 53,838 square feet (see Exhibit "A" - location map). Currently, the site contains access via one (1) existing driveway connection to Park Ridge Boulevard to the north, and one (1) connection to Beta Drive to the east, both consistent with the Quantum Park Master Plan. The proposed site plan for the building addition shows t~vo (2) additional connections to Beta Drive onto the cul-de-sac, both t~venty-seven (27) foot wide (see Exhibit "B" - site plan). The PID zoning district limits a project to a maximum of txvo (2) dr/vexvays per developable pamel. The two (2) proposed driveways are consistent with this'regulation; however, due to site limitations caused mainly to the presence of the adjacent cul-de-sac, the proposed location will place them closer than the minimum required separation distance of 150 feet. The site is proposed to be modified ~vith the common goal of separating vehicular traffic from track traffic, and separating visitor traffic from operational traffic. Hoxvever, ~his situation, typical of industrial projects, will tend to generate the need for the maximum the ,-umber of driveways and ~vider then normal drive~vays. In part due to the fact that the southern end of .' project is accessed by a cul-de-sac, the variance has been warranted. The following is a description of the zoning districts and land uses of the properties that surround Packaging Concepts: Page 2 Packaging Concepts File No.: ZNCV 01-002 North Park Ridge Boulevard and farther north is the Publix Distribution Center. South Boynton Canal C- 16 right-of-way. East - Beta Drive and farther east is undeveloped I0t 48 in Quantum Park, zoned PD. West Flowers Distribution and Safety Kleen businesses in Quantum Park, zoned PID. The code states that zoning code variances cannot be approved unless the board finds the follosving: That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. That gTanting the variance requested 5vill not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that ~viI1 make possible the reasonable use of the iand, building, or structure. That the =re'ant of the variance will be in harmony xvith the general intent and purpose of this chapter [ordinance] and that such variance xvilI not be injurious to the area involved or otherwise detrimental to the public welfare. ANALYSIS In reviewing variance requests for minimum drivexvay separation, staff reviewed several criteria to determine justification for allowing a variance at this site. This analysis focused on the traditional criteria for hardship, specifically on items "e" and "f' above which require that the request ~vilI make possible the reasonable use of the land and the structure, and at the same time granting the variance will be in harmony with the intent of the code and not detrimental nor injurious to the area and public welfare. Also, this analysis focused on the following issues: Page 3 Packaging Concepts File No.: ZNCV 01-002 I) Lot configuration relative to the adjacent road and cul-de-sac; 2) Traffic flow and safety. With respect to lot dimensions and configuration, the subject parcel contains approximately 200 feet of frontage along Beta Drive, which is sufficient to enable the location of one driveway. According to the applicant's response to the above criteria contained in Exhibit "C", the need for a second driveway on the same road at such a short distance is justified by the need to provide visitors, employees and others with safe access to the parking area separate from track traffic. The applicant feels that by denying this request the maneuverability of public fire and sanitation vehicles, and the commercial trucks as well, will generate an unnecessary and undue hardship, therefore, jeopardizing both safety and traffic flow. It should be noted that the site plan depicts the dumpster location at the southeast comer of the site. It is the opinion of staff that by denying this request the applicant ~vould be forced to redesign the project in order to meet the separation requirements, which would likely require some traffic to be combined, and/or the reduction of the project size in order to internalize traffic flow. RECOMMENDATION Based on the above analysis, staff finds that this variance request is justified for the following reasons: Special conditions and circumstances exist ~vhich are peculiar to the subject property (the existence of the cul-de-sac which reduces property frontage); b. The variance represents the minimum variance needed to utilize the site in the most reasonable way (based on the current proposed site layout and building size/configuration); and c. That granting the variance would be in harmony ~vith the general intent of the regulation to promote safe and logical traffic circulation xvithin the Planned Industrial Park (onsite traffic flow will be optimal, and being located at the end of a cul-de-sac, traffic hazards will not be generated given traffic speeds and volume in this area). Therefore~ staff recommends that this request by Packaging Concepts for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 7 - Planned Unit Development, H.3, to reduce the minimum driveway separation distance in a PIE), Plarmed Industrial District, fi.om 150 feet to 107 feet, and from 150 feet to 145 feet, be granted. No conditions of approval are recommended; however, any conditions of approvaI added by the Planning and Development board or the City Commission will be placed in Exhibit "D". J:\S HRDATAkPIanning\S HAP. E D\WP~PROJECTS\Quantum Park Lot 47 (Packa~ng Concepts)XZNCV 01-002kstaff report dr/veway distance reduction.doc LOCATION MAP Packagin9 Concepts CITY: EXHIBIT "A" ) )IqDLA OF COMME ANTUM I::~A ~:~ i~) .... 1/8 MILE~ EXHIBIT "B" Requested City Commission Meeting Dates [] March 20,2001 [] April 3,2001 [] April 17,2001 [] May 1,2001 V-CONSENT AGEN DA I'TEM D.4 CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FOkzw Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 2I, 2001 (5:00 p.m.) ApriI 4, 200I (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May I5, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 200I (5:00 p.m.) May 16, 200t (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m_) NATURE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the April 3, 2001 City Commission Agenda under Consent Agenda. The Plunnmg and Development Board with a unanimous vote of 7-0 recommended that the subject request be denied, subject to staff comments. Fur further details pertaining to this request see attached Department of Development Memorahdum No, PZ 01-035. EXPLANATION: PROJECT NAME: AGENT'. OWNER: LOCATION: DESCRIPTION: M & M APPLIANCE Klm Dillastatious Michael and Marsha Morakis 915 N. Federal Highway Request for approval ora site plan modification for a 1,196 square foot addition to an existing commercial building on 0.25 acres. PROGRAM IMPACT: N/A FISCAI~ IMPACT: N/A D~'ctbr o f~"~'e~opmen~ City Manager's Signature ~ planning anc~ Zoning EJirector City Attorney / Finance / Human Resources J:\SI-IRDATA~Planning~S I-La, KED\WPXP RO J EC TS\ XAgenda Item Request M & M Appliance MSPM 4-3-0I.dot S:~BULLETIN~FORMS~A. GENDA ITEM REQUEST FORM.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: M & M Appliance APPLICANT'S AGENT: Klm Dellastatious APPLICANT'S ADDRESS: 915 N. Federal Highway DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 3, 2001 TYPE OF RELIEF SOUGHT: Request approval for site plan modification for a 1,196 square foot addition to an existing commercial building on 0.25 acres. LOCATION OF PROPERTY: 915 N. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Dpvelopment Regulations. The Applicant ..... HAS .X.. HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ., GRANTED subject to the conditions referenced in paragraph 3 hereof. )~ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS\M & M Appliance NWSP\Develop. Order.doc EXHIBIT "C' Conditions of Approval Project name: M & M Appliance File number: MSPM 00-006 Reference: 2~ review plans identified as New Site Plan. File # N~VSP 00-022 with a February 6. 2001 Ptannin2 and Zonin~ Department date stared markinm DEPARTMENTS PUBLIC WORKS - General Comments: NONE PUBLIC WORKS - Traffic Comments: NONE UTILITIES Comments: NONE FIRE INCLUDE REJECT X X X Comments: NONE X POLICE Comments: NONE X ENGINEER12'4G DIVISION Comments: t. Based on the plan, compliance with Chapter 23 (Parking Lots) is required under Article I, Section 2.A., 2.D. and 2.F.: therefore, the following comment must be addressed: a. Provide a drainage plan in conformance with Chapter 23, Art/cie II.F. and an engineer's certification that the plan conforms to all rules and regulations of the City's Land Development Regulations. BUILDING DIVISION Identify within the site data the finish floor elevation (lowest floor elevation) that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 31 of the Boynton Beach amendments to the 1997 edition of the Standard Building Code]: a) From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, spec/fy the base flood elevation. If there is no base flood elevation, indicate that on the plans. X X Conditions of Approval 03/28/01 2 DEPARTMENTS Place a note on the elevation view drawings indicating that the xvalt openings and wall construct/on comply with Table 600 of the 1997 edition of the Standard Building Code. At time of review, submit signed and sealed working drawings of the proposed construction. Add to the submittal a partial elevation view drawing of the proposed perimeter fence. Identify the type of the fence mater/al and the type of material that supports the fence, including the typical distance between supports. Also, provide a typical section view drawing of the fence that includes the depth that the fence supports are below finish grade and the height that the fence is above finish grade. The location and height of the fence shall comply with the fence regulation specified in the Zoning Code. POLICE Comments: NONE INCLUDE I REJECT X X X X PARKS AND RECREATION Comments: NONE X FORE STER/ENrVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: 6. Site plan does not meet parking requirements. A variance is requested to reduce required parking from 16 spaces to nine (9) spaces. Site plan approval is contingent upon the approval of the parking space variance. 7. No nexv signage is proposed for this site. Any new sig-nage xviI1 require a separate approval. ADDITIONAL PLANNING AND ZONTNG BOAteD COMMENTS 8. Comments: NONE ADDITIONAL CITY COMMISSION COMMENTS 9. To be determined. X X X X DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01-035 SITE PLAN REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION March 6, 2001 DESCRIPTION OF PROJECT Project Name/No.: M & M Appliance / MSPM 00-006 Property Owner: Michael & Marsha Morakis Applicant/Agent: Klm Dellastatious Location: Address: 915 North Federal Highway The subject project is located just north of Northeast 6th Avenue and lies approximately 1,400 feet south of the C-16 Canal. Land Use/Zoning: GC General Commercial / C-4 (General Commercial District) Type of Use: Retail Project size: Site Area: 0.25 acres (10,722 square feet) Building Area: Existing building area: 1,967 square feet Proposed building area: 1,196 square feet Total building area: 3,163 square feet Adjacent Uses: (see Exhibit "A" - Location Map) Nor[h Moore's Discount Mufflers zoned C-4; South Joe's Market zoned C-4; East U.S. 1 f :ederal Highway) Right-of-way, farther east N & D Auto Repair zoned C-4; aha West Florida East Coast Railroad Right-of-way. Site Characteristics: The subject site is fully developed, comprised mainly of two square shaped lots which supports a 1,967 square-foot structure and seven' (7) parking spaces. There are chain link fences six (6) feet in height in place along the rear (west) and side (north and south) property lines. As part of this proposal, the chain [ink fence along the northem property line wi, be restored to that of its original condition. The chain link fence on the southern property line will be extended eastward one (1) foot beyond a new building egress door and the fence will contain matching material of the existing fence. Proposal: This proposal is to construct a one and one-half (1½) story addition to an existing retail building on 0.25 acres (see Exhibit "B" - Proposed Site Plan). The new 1,196 square-foot building addition will consist of 926 square feet of ground floor building area (storage 1 service) and 270 square feet of mezzanine area (storage) for a total building area of 3,163 square feet. Located to the rear of the building addition and hidden from the street will be an 18 feet by 9 feet outside "appliance washdown" area. This washdown area requires an Environmental Review Permit, which the applicant has requested and is now pending approval from Staff. It should be noted that the existing use conforms with the C-3 zoning Page 2 M & M Appliance - Site Plan Review Staff Report Memorandum No. PZ 01-035 district regulations and is therefore in compliance with the "Zoning in Progress Notice of Intent" that is currently in effect for the subject property. The proposed building addition is eighteen and one-half (18'-6") feet in height. The dumpster will be located in the northwest corner of the site. Two new parking spaces are proposed, of which, one will be a parallel parking space located in the northeast corner of the property near the project entrance. Concurrency: a. Traffic- A traffic statement for this project was submitted and was sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined the project met the Traffic Performance Standards of Paim Beach County. b. Drainage- Driveways: Parking Facility: This project is not subject to the City's concurrency ordinance regarding drainage (Chapter 1.5, Article VI, Section 10.B.). Conceptual drainage information was submitted for the City's review and the Engineering Division has no additional comments. However, exemption of a development order or permit from the concurrency requirement shall not relieve the obligation of the applicant in obtaining the necessary permits / approvals from all applicable reviewing agencies such as the Lake Worth Drainage District and South Florida Water Management District. The on-site traffic circulation will maintain its original configuration. The existing twen[y-fou¢' (24) foot wide two-way driveway, which provides ingress/egress onto (U.S. 1 Federal Highway), is located eighteen feet south of the nor[heast comer of the property. A total of sixteen (16) spaces are required for the proposed use based on the ratio of one (1) space per 200 square feet of gross retail floor area. There are currently seven (7) existing parking spaces. Two new spaces are now being proposed. The total number of parking spaces proposed equals nine (9), of which, one (1) space is designated for handicap use. All 90° spaces, except the lone handicap space will be dimensioned nine feet by eighteen feet (9' x 18') and will include wheelstops. The parallel parking space will be nine feet by twenty-five feet (9' x 25'). The single parking aisle, which includes a nonconforming back-up distance, is proposed to be widened to conform to the minimum 27 feet. However, the parking facility would remain with a single entrance and dead-end terminus. Therefore vehicles will have limited turning movement options which would be further limited during the presence of delivery vehicles. Both delivery vehicles and the solid waste collection truck will be required to back out of the site onto US-t/Federal Highway. It should be noted that this project will require a parking variance from Chapter 2, Section 11.H. in order to allow nine (9) parking spaces rather than the minimum sixteen (16) parking spaces as required by Code. The subject site plan could not be approved without the granting of the parking space variance. Landscaping: The plan meets the minimum landscape requirements as set forth in the City Code. Existing hedge material is found along the front and side property lines. The landscape pi,-~-'' proposes an additional Conocarpus erectus (Green Buttonwood) buffer hedge along north property line. This hedge will also surround the dumpster enclosure as a means of providing additional landscaping in order to enhance the attractiveness of the structure and overall site. Presently, the entire portion of the rear ~ot contains existing asphalt. The landscape plan proposes to remove the asphalt and replace it with appropriate groundcover Page 3 M & M Appliance - Site Plan Review Staff Report Memorandum No. PZ 01-035 / sod in all areas of the site excluding the drive aisle and parking areas. Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. Community Design: The architectural design for the one and one-half (1½) story building addition will be stucco finish to match the stucco of the existing building. The stucco walls will be repainted off- white (Porter Paint 7~48-1) and the new blue metal fascia will match the existing metal fascia (Delcoa- Royal Blue). Signage: The project is neither proposing additional signage nor will it have an impact on the existing signage. RECOMMENDATION: In conjunction with this site plan modification, the applicant has submitted a variance for the number of parking spaces required for the site. The site is already deficient in parking by three (3) spaces. The proposed addition will fur[her this parking deficiency. Staff has recommended denial of the vadance due to lack of hardship. The building addition is being proposed to eliminate the outdoor storage currently existing on site. Staff acknowledges that the present use may have outgrown it's current facility, however the proposed addition would exacerbate the already non-conforming parking situation. Staff, therefore, recommends denial of the site plan. ~e Board decides to approve the site plan, the approval should be subject to the comments included in Exhibit "C" - Conditions of Approval and contingent upon the granting of the parking variance. The Technical Review Committee (TRC) recommends that the deficiencies identified in Exhibit "C" be corrected on the set of plans submitted for building permit. xc: Central File x,\CH\MAINKSHRDATA\PIanning\SHARED'xWP\PROJECTShM & M AppIiancekM & M Appliance MSPM\Staff report MSPM 00~306.doc LOCATION MAP M + M Appliances EXHIBIT "A" , , , , , .-EXHIBIT "B" ilo i Requested City Commission Meeting Dates [] March 20,2001 [] ^p I 3, 2001 [] April 17,2001 [] May 1,200t V-CONSENT AGENDA ITEM D.S CITY OF BOYNTON BEAC AGENDA ITEM REQUEST Date Final Form Must be Turned in to City Clerk's Office March 7,200I (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18,2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adminislxative [] Development Plans [] Consent Agenda [] New Bnsiness [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the April 3, 2001 City Corramssion Agenda under Consent Agenda. The Planning and Development Board with a vote of 6-I recommended that the subject request be approved~ subject to staff comments. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01- 046. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: PACKAGING CONCEPTS Winston Lee, ASLA, AICP PJM and Associates, L.C. Quantum Park Lots 47, 47B, 47C, and 47D Request for approval of a site plan fi~odification for a 28,000 square foot addition m an existing industrial / warehouse building located on 3.65+ acres in Quantum ParL PROGRAM IMPACT: N/A FISCAL IMPACT: N/A City Manager's Signature Planning and Z4ni~g Diro~:t~r City Attorney / Finance / Human Resources J:\SHRDATA~PlanningxSHARED\WP~PROJECTS\Quanmm Park Lot 47 (Packaging Concepts)\ Site Plan Mo&Agenda Item Request MSPM 01-001.dot S:~BULLETIN\FORMSLAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park Lots 47, 47B, 47C and 47D (Packaging Concepts) APPLICANT'S AGENT: Winston Lee, ASLA, AICPNVinston Lee & Associates, Inc. APPLICANT'S ADDRESS: 4925 Park Ridge Blvd., Boynton Beach, Flodda 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: 04-/03/01 TYPE OF RELIEF SOUGHT: Request for approval of a site plan modification for a 28,000 square foot addition to an existing industrial/warehouse building located on 3.65+ acres. LOCATION OF PROPERTY: Lots, 47, 47B, 47C, and 47D Quantum Park DRAWING(S): SEE EXHIBIT" A and B" A-FI'ACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board; which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~XHAS __ HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X_~._GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J:~SHRDATA\PlanninglSHARED\W~PRO J ECTS\Q ua nt um Park Lot 47 (Packaging Concepts)Site Plan Mod'~MSPM 01-001\Develop. Order.epc EXHIBIT "C" Conditions of Approval Project name: Quantum Parl~ Lot 47 (Packaging Concepts) File number: MSPM 01-001 Reference: 2"d review plans identified as Ne~v Site Plan Plan. File # NWSP 01-00I with a February 20. 200I, Plannin~ and Zoning Department date stamn markin! INCLUDE [ REJECT DEPARTMENTS PUBLIC WORKS - General Comments: None X I PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: 1. The fire tine will require a PBCHD permit. X FIRE Comments: 2. A fire hydrant flow test is required prior to issuance of building permit. LDR 6- X 16 ENGINEERING DIVISION Comments: 3. Provide a "Stop" si~n and "Do Not Enter" sign at the end of the existing, one- X way dr/ye on both the Site and Civil plans per LDR Chapter 4, Section 7.B. 4. Provide details of the revised tmckwell stormwater system. X BUILDING DIVISION Comments: 5. At time of permit review, provide a completed and executed City Unity of Title X form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal description of each property that is being unified is required to be submitted to process the form. The property o~vner that is identified on each deed shall match. 6. At time of permit review, submit signed and sealed working drawings of the X proposed construction. PARKS AND RECREATION Comments: None X Conditions of Approvals 03/28/01 2 DEPARTMENTS ] INCLUDE ] KEJECT FORESTER/ENVIRONMENTALIST Comments: 7. The landscape plans should be amended to reflect the folIowing comments: X a. The existing thirty two (32) Cabbage Palm trees will be located to the West side of the existing building bet~veen the existing trees and the structure (Phase 1 of Packaging Concepts). b. The three (3) Live Oak and thirteen (13) Slash Pine trees will be replaced with sixteen (16) additional Dahoon Holly trees installed in between the ten (10) Dahoon Holly trees shown along the South property line. The replacement Dahoon Holly trees size specifications will be the same as the landscape tabulation size as sho~vn on sheet 2 of two 2. c. 71~e Wax Myrtle hedge plants shown along the South property line will be replaced with red tip Cocoplum to provide a thicker visual buffer. The size specification for the replacement Cocoplum plants will be the same as the landscape tabulation size as sho~vn on sheet two 2 of two 2. POLICE Comments: None X PLANNING AND ZONING Comments: 8. Provide dimensions for new wall si~anage. (Ch. 21) X 9. If required by Environmental Review Committee, obtain an environmental X review permit to confirm code compliance for the chemical storage. (Ch.2. Sec.7.) (Currently under review by the Environmental Review Committee). 10. Driveway separation for a PID is a minimum of I50 feet. Two (2) variances are X required for the driveway locations as proposed on the site plan. (Ch. 2. Sec.7 4.3) I 1. Project is required to obtain approval from the Quantum Park Architectural X Revie~v Committee. Submit approval letter to Planning and Zoning Department prior to building permit submittal. 12. Indicate on the landscape plan that the source of water for irrigation is well X water. ADDITIONAL PLANNING AND ZONING BOARD COMMENTS X 13. Comments: None Conditions of Approvals 03/28/01 3 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION COMMENTS 14. To be determined. MWR/pat \\CHkMAIN~SHRDATA\PLANNING/SHARED\WP/PROJECTS\QUANTUM PARK LOT 47 (PACKAGING CONCEPTS)\MSPM 01-001\CONDITIONS OF APPROVALS Site Plan.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01-046 SITE PLAN REVIEW STAFF REPORT PLANN!NG AND DEVELOPMENT BOARD AND CiTY COMMISSION March 14, 2001 DESCRIPTION OF PROJECT Project Name/No.: Packaging Concepts - Quantum Park Lot 47 / MSPM 01-001 Property Owner: PJM & Associates AppiicantJAgent: Winston Lee & Associates / Winston Lee, ASLA, AICP Location: Lots 47B, 47C, and 47D Quantum Industrial Park, south of the Publix Distribution Center, north of the LWDD C-16 Canal, west of the Canada Dry Distribution Center, and east of the new high school. Land Use/Zoning: Industrial/Planned Industrial Development (PID) Type of Use: Manufacturing Office / Warehouse Project Size: Adjacent Uses: Site Area: 3.65 acres (158,975 square feet) Building Area: Existing building area: 25,838 square feet Proposed buildinR area: 28,000 square feet Total building area: 53,838 square feet (see Exhibit "A" - Location Map) North Park Ridge Boulevard, and further north Publix Distribution Center; South Boynton Beach C-16 Canal; East Quantum Park PID Lot 48, Vacant; West Quantum Park PiD Lot 47-B, Flowers Baking Company / Quantum Park PID lot 47-C, Safety Kleen Systems. Site Characteristics: The vacant parcels contain vadous trees and undergrowth characteristic of disturbed scrub habitat. The boundary survey identified various native tree species including Cabbage Palms and scattered Slash Pines. The existing Cabbage Palm trees will be relocated to the west of the existing building between the existing trees and structure. The site also contains varying heights of eadeaf acacia. These earleaf acacia that occur on site must be removed during the development process. Proposal: The existing 25,838 square-foot office / warehouse building was approved by the City Commission on September 19, 1995 per site plan application NWSP 95-007. The developer proposes to construct a one-stow 28,000 square-foot office / warehouse addition to the existing office/warehouse facility, for a total building area of 53,838 square feet. The building expansion will utilize a portion of each of the following lots: Lot 47-B, Lot 47-C, and Lot 47-D. These parcels together with the existing lot total 3.65 acres. The existing chemical storage building will be relocated to the southwest corner of the new addition. This modification necessitates an update of the Environmental Review Permit, which the applicant has requested and is now pending approval from Staff. The entire project is to be constructed in one phase; Concurrency: a. Traffic- A traffic statement for this project was submitted and approved by the Palm Beach County Traffic Division. The Palm Beach County Traffic Division determined that the project is part of the previously approved Quantum Park DRI, and therefore, it meets Page 2 Packaging Concepts - Quantum Park Lot 47 Site Plan Review Staff Report · *4emorandum No. PZ 01-046 b. Drainage- Driveways: Parking Facility: Landscaping: Building and Site: Community Design: ~ignage: the Traffic Performance Standards of Palm Beach County. Conceptual drainage information was provided for the City's review; The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review. Currently, the site contains access via one (1) existing driveway connection to Park Ridge Boulevard to the north and one (1) connection to Beta Drive to the east. The proposed site plan includes two (2) additional connections to Beta Drive onto the cul-de-sac. Both proposed connections onto the cul-de-sac will be 27 feet wide. The PID zoning district limits a project to a maximum of two driveways per each developable parcel The two proposed driveways are consistent with this regulation; however, the location of the driveways requires a variance to allow them to be separated by less than the required minimum 150 feet. The applicant is requesting two (2) variances from Chapter 2, Zoning, Section 7 - PID, H.3 to reduce the distance between each driveway. The first variance request is for a 43 foot reduction and the other variance request is for a 5 foot reduction from the code. All new exits will have signs and pavement markings indicating right turn only traffic flow. The project will provide a total of 80 parking spaces, of which, 49 parking spaces are being created to accommodate the new use intrinsic of the building expansion. The sixty (60) required parking spaces for the total building area have been tabulated based on the ratio of one and one-half (1½) spaces for each two (2) employees on a maximum shift. The site plan proposes a maximum of sixty (60) total employees at peak shift plus fifteen (15) spaces designated for visitor usage. The plan far exceeds this requirement in that a total of eighty- four (84)-parking spaces are proposed, including four (4) spaces which are allocated as handicapped accessible. All spaces, except handicapped spaces, will be dimensioned nine feet by sixteen (9 feet x 16 feet) with two (2) feet of overhang. The site landscaping will fully meet code requirements when staff comments are incorporated. The landscape plan proposes vadous species of foundation hedges and plantings around the building to further enhance the site. The plan provides Live Oaks along the western property line. Royal Palms are utilized along the perimeter abutting Beta Drive and clusters of Foxtail Palms are proposed at new entranceways to buffer potential roadway views. Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The architectural design of the building addition will consist of textured stucco, "Off-white" in color to match the co[or of the existing building. All new building facades will contain pre- cast molding however, only the east elevation (facing Beta Drive) wilt have stucco reveal to enhance the outside appearance of the structure. The east elevation of the proposed building will also function as the second entrance for the entire building, accented with new signage, storefront glazing, and bronze tinted glass. The new addition will be the same height of the existing building (26 feet - 4 inches). The project is proposed to include one freestanding single-faced monument sign, designed to be consistent with the Quantum Park PID sign program, tt will be placed at the comer of Park Ridge Boulevard and Beta Drive. The sign type will be a framed aluminum structure painted forest green containing aluminum channel beige lettering. The existing wall sign located in the top right corner of the fa(;ade facing Park Ridge Boulevard (north elevation) will remain, however, the building side fronting Beta Drive (east elevation) will now have a Page 3 ackaging Concepts - Quantum Park Lot 47 Site Plan F~eview Staff Report Memorandum No, PZ 01-046 new sign centered above the proposed second building entrance. RECOMMENDATION: Staff recommends that this site p!an request be approved, subject to the comments included in Exhibit "C" - Conditions of Approval and contingent upon the granting of the two (2) variances for driveway separation. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:lPlanning SHARED\WP~PROJECTS Quantum Park Lot 47 (Packaging Concepm)~MSPM 01-001 ~Staff report MSPM 014~01 .doc LOCATION MAP Packaging Concepts GITY EXHIBIT "A" 10 JTOROLA~ ;IK OF COMM ~UANTU IV~ PARK;} '0 1/8 '0 4OO 'SO0 MILE~ EXHIBIT "B" Lot 47 J m IQuantum F~ark. Lot 4-1 EXHIBI' EXHIBIT "B" NEW ADDITION BUILDING FOR= EXHIBIT '"B" NEW ADDITION BUILDING FOR; PACI(AGING CONCEPTS ASSOCIATES, ~IC. EXHIBIT "B" PACKAGING CONCEPTS RE¥1$ED ENTRY QUANTUM BUSINESS PARK BOYNTON BEACH~ FLORIDA EXHIBIT "B" i lot EXHIBIT "B" Lot 47 Requested City Commission Meetin~ Dates [] March 20,2001 [] April 3,2001 [] April I7,2001 [] May 1,2001 V-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM D.6 AGENDA ITEM REQUEST FOK_ Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21,2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18,2001 (5:00p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 200I [] June 19, 200I [] July 3,2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m0 June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the ApriI 3, 2001 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote of 7-0 recommended that the subject request be approved subject t6 staff comments. For thrcher details pertaining to this request see attached Department of Development Memorandum No. PZ 01-038. EXPLANATION: PROJECT NAME: AGENT.' OWNER: LOCATION: DESCRIPTION: STONEHAVEN ItOMEOWNERS ASSOCIATION Gerald Van-Gelder Stonehaven Homeowners Association 1699 Stonehaven Drive Request for a master plan modification to include the closure of Stonehaven Drive, the installation of gates at project enlrance and masomy wall. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A · ~/)~ l~~SignaUlre City Attorney / Finance / Human Resources J:\SHRDATAkPIanningkSHARED\WPkPROJECTS\Stonehaven Homeowners Assoc.~vlPMD~Agenda Item Request 4-3-01.dot S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Master Plan Modification LOCATION OF PROPERTY: 1699 Stonehaven Drive Stonehaven Homeowners Association Gerald Van-Gelder 1699 Stonehaven Drive April 3, 2001 DRAWING(S): SEE EXHIBIT "A, B, C, D, and E" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the P ann ng and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial cOmpetent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effeCt immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J:LSHRDATAkPIanning\SHARED\WPkFORMSkBIanks forms folder\Develop. Order Stonehaven 3-27-01.doc EXHIBIT "C" Conditions of Approval Project name: Stonehaven Homeowners Association File number: MPMD 00-007 Reference: The plans identified as 1st Review, Master Plan Modification. File # MPMD 00-007 with a December 13. 2000 Plannin~ and Zonin~ Department date star DEPARTMENTS INCLUDE REJECT PUBLIC WORKS-GENERAL Comments: NONE X PUBLIC WORKS-TRAFFIC Comments: 1. Staff finds no traffic-related justification for the closure of Stonehaven X Drive at any point between Congress and Knuth. Staff finds little evidence of bypass traffic through the Stonehaven Planned Unit Development (the study provided by the applicant included estimates, but not documentation, for the bypass traffic). Staff is of the opinion that the completion of Knuth l~oad from Woolbright to Boynton Beach Boulevard will provide motorists with yet another option to avoid arterial intersections. As such, the amount pfbypass traffic on Stonehaven will likely decrease in the future. 2. Additionally, staff finds that local residents within the Stonehaven Planned X Unit Development would be most impacted by any road closure on Stonehaven north of the canal. Therefore, in order to further consider a end closure, it is imperative that strong consensus from residents in both he single and multi-family developments is garnered. The applicant must provide survey results showing that majority of both communities favor the proposed closure. Data should include total residents and property owners, total number of those participating in survey/petition, and results. 3. In addition to vehicular traffic issues, the proposed closure of Stonehaven X Would eliminate pedestrian and bicycle traffic as well. Should the City ~'avorably consider a road closure for reasons unrelated to traffic control, Public Works staff suggests that pedestrian access be maintained and the ~idewalk remain open. 4. See attached technical comments. ~ X UTILITIES Comments: NONE X 5. ~rmit application needs to be processed through the Utility Department to X insure that no water and sewer system components will be affected. comments: NONE X Conditions ofApprovaI Stonehaven Homeowners Assoc.doc 03/28/01 DEPARTMENTS INCLUDE REJECT 6. The Fire Rescue Department approval of the corresponding permit X application will not be considered until Knuth Road is complete and access from the south is acceptable. BBCC 9-21F. POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: 7. At time of permit review, submit signed and sealed working dra~vings of X the proposed construction. 8. Add to all plan view drawings of the site a labeled symbol that represents X the location and perimeter of the limits of construction proposed with the subject request. PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 9. Rear closure shall consist of an operating gate accessible to both communities. X ADDITIONAL PLANNING AND ZONING BOARD COMMENTS I0. Comments: NONE X ADDITIONAL CITY C}~MMISSION COMMENTS 11. To be determined. X \\CH~AAIN~SHKDATA\Planning\SHARED\WP\PROJECTS\Stonehaven Homeowners AssociationLMPMD\Conditions of Approval Stonehaven Homeowners Assoc.doc TO: THROUGH FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01-038 Chairman and Members Planning and Development Board Michael W. Rumpf Planning & Zoning Director Hanna Matras Planner March 2, 2001 Stonehaven Homeowners Association - File No MPMD 00-007 Master Plan Modification (closure of Stonehaven Drive, the installation of gates at project entrance and masonry wall) NATURE OF REQUEST Gerald Van Geider, agent for the Stonehaven Homeowners Association, is requesting to modify the Master Plan for the Stonehaven P.U.D.. The Stonehaven P.U.D. is located south of West Boynton Beach Boulevard, between Congress Avenue and Knuth Road, and consists of single family homes on Plat One, known as Banyan Creek, and an apartment development on Plat Two, Banyan Lake (see Exhibit "A" - Location Map). The Stonehaven Homeowners Association dobs not represent the apartment development, which is operated under separate management. The requested modifications are shown on the proposed Master Plan (see Exhibit "B" - Proposed Master Plan). The specific request is to amend the master plan to close the south end of Stonehaven Drive between the single family homes and the apartment development, and to install gates and a masonry wall at the project entrance. The two section, 6 feet high and 22 feet long chain link gate will be provided with a Knox lock to provide access for emergency vehicles. The new masonry wall panels will be added to match existing panels, The wail will close the pedestrian access via the existing sidewalk. Justification for the request for (:losing Stonehaven Drive is the alleged high volume of cut-threugh traffic (traffic with neither origin nor destination in the single or multi-family homes) and speeding as well as incidences of criminal activity within the Banyan Creek neighborhood. BACKGROUND The main access driveway and entrance to the Banyan Creek single family development is located on Knuth Road. Stonehaven Drive, which is a private road connects Banyan Lake and BanYan Creek developments; it extends from the Knuth Road access driveway south over the L-25 Canal and then east to Congress Avenue through Banyan Lake. Traffic from the apartments can currently access Congress Avenue via Stonehaven Drive east or access Knuth Road via Stonehaven Drive north through the Banyan Creek development. Banyan Lake traffic can use the Knuth Road connection or the connection through the Banyan Creek area. Emergency vehicles use Stonehaven Drive at Congress Avenue for the quickest access to both developments. At present, the south section of Knuth Road between Woolbright Road and West Boynton Beach Boulevard, immediately south of the entrance to the Banyan Lake development, is under construction and nearing completion. The Stonehaven Homeowners Association has been trying, for over a decade, to "privatize" Banyan Creek by converting the development into a gated community distinctly separate from the adjoining apartment project. During the 1990 land use amendments and rezonings involving Knuth Road PCD and Boynton Beach PCD, representatives of the Stonehaven Homeowners Page 2 of 3 Stonehaven Homeowners Association, MPMD 00-007 Memorandum No. PZ 01-038 Association negotiated a three-party agreement whereby developers/owners of both projects agreed to provide improvements including construction of a masonry wail around the Stonehaven Homeowners Association property and to contribute to the cost of the construction of guard gates at both entrances. In return, the Stonehaven Homeowners Association agreed to endorse land use amendment and rezoning applications submitted for the Knuth Road PCD and Boynton Beach PCD, and lobby the City for their approval. In the Petition submitted by the applicant and signed by 77 property owners (see Exhibit "D" - Petition), the Stonehaven Homeowners Association invokes the three-party agreement, emphasizing the community's desire to be "privatized". MASTER PLAN MODIFICATION ANALYSIS Since the consultant contracted by the applicant did not document the degree of the cut- through traffic, the Public Works Department conducted its own analysis of cut-through traffic volume as well as the potential impact of the proposed road closure on local residents (see Exhibit "E" - Traffic Study). It is the staff's opinion that the traffic volumes, measured at three locations within the development, are consistent with volumes typically associated with a collector roadway such as Stonehaven Drive and any suggestion that traffic volume is excessive does not constitute a sufficient justification for closure of Stonehaven Drive. The staff has measured the volume of cut-through traffic and estimated such volume to be 176 cars (on a 24-hour basis). However, the staff also determined that, on a 24-hour basis; a total of 553 local vehicles, now travelling through the point of the proposed closure to or from their homes in either single- or multi-family portion of the development, would be forced to alter their driving patterns. Thus, the negative impact that the closure would have on local access and connectivity far exceeds the benefit of the reduction of the bypass traffic. Moreover, the proposed closure of both the Stonehaven Drive and the existing sidewalk would also eliminate pedestrian and bicycle traffic, which is inconsistent with comprehensive plan policies and general city direction to encourage alternative modes of transportation. The emergency access will improve once the south section of Knuth Road is completed. However, the south entrance on Stonehaven Drive, unless closed off, will still provide alternative access to the Banyan Lake area. Road closures, both permanent and temporary, are sometimes used as a measure to reduce criminal activities in a neighborhood. This approach is used, however, in cases when crime is considered a serious problem and other measures to contain it have failed. The staff feels that the volume of criminal activities within the Stonehaven PUD area presents the problem that can be addressed through measures other than the proposed road closure, measures that may not have been considered to date. Changes to Planned Unit Development (PUD) Master Plans are reviewed consistent with Section 12 of Chapter 2.5 - Planned Unit Development. There are no formal criteria for a determination whether a proposed master plan modification is major or minor (non-substantial). The objective of the staff review is to determine whether the proposed modification is consistent with all current regulations as well as the intent and purpose of the comprehensive plan, and to make a recommendation to the Planning and Development Board that the modification be considered either major or minor. Page 3 of 3 Stonehaven Homeowners Association, MPMD 00-007 Memorandum No. PZ 01-038 RECOMMENDATION This master plan modification request was reviewed by the Technical Review Committee (TRC). Although staff generally opposes road closures, which negatively affects interconnectivity and traffic circulation, staff would support the gating of the main and rear entrances, if the rear gate is operable and accessible by both communities, if unimpeded pedestrian and bicycle access is maintained and if the alterations are supported by strong consensus of both communities. Lastly, staff recommends that the subject request be considered non-substantial, subject to compliance with recommended conditions applicable to resident support, pedestrian access, and the full operation of the rear gate. MR Xc: Central File \\CH\MA N\SHRDATA\PIanning\SHARED\WP PROJECTS\Stonenaven Homeowners Association\MPMD\Staff Report Stonehaven MPblD 00-007.doc LOCATION MAP STONEHAVEN P.U.D. 1::::3 EXHIBIT "A" '0 1/8 MILES EXHIBIT "B" SINGLE FAMILY CommuT~it¥ 1 GARDEN APTS. co..rn~ty 2 EXHIBIT "B" EXHIBIT "D" PETITION STONEHAVEN HOMEOWNERS ASSOCIATION PETITIONS THE CITY OF BOYNTON BEACH AND THE FOLLOWrNG DEPARTMENTS WITHIN ITS JURISTICTION: Boymon Beach Planning and Zooing Department and its directors; Boynton Beach Plamfing and Zoning Appeals Board or similar entity, Boynton Beach City Manager, Kurt Bressner. and the current Boynton Beach City Council members; Gerald Broening, Ronald Weiland, Brace Black, William A. Sherman, and Charlie Fisher; and any future elected couciI members; regarding: THE PRIVATIZATION OF STONEIfAVEN HOMEOWNERS ASSOCIATION; with re~pe~t to: The three party agreement signed by Mr. Winchester, Mr. Schroder, and Stonehaven Homeowners Association in 1990, regarding the Knuth Road PCD, and the Boynton Beach PCD and all of the requirements to be met provided therein, as well as the private nature o£our location as a PUD and all rights afforded to Sonehaven Homeowners Association as a result. Stonehaven Homeowners Association requests that the City of Boynton honor the above three party agreement. In which conditions were agreed upon regarding the gated closure of Stonehavan Homeowners Association anmng other items. As we are a private community and have ownership of our roads and all real property located within Stonehaven PUD, Plat one, as recorded in Plat Book 48, pages 1-5, it is our right and duty to uphold the agreement to which we lobbied for during 1990 City Council sessions. As of September of 2000, the Boynton Beach Planning and Zoning Department has refused to ac'knowledge our position and has told us verbally that we will have to take our position to the Appeals Board and possibly to City Count 1. In which the matter in I990 was settled and agreed upon, in additioa to the supplementation cfa previous petition of Stonehaven Homeowners Association stating that a majority of the members were in agreement with the privatization of the community, we are liereby submittiug a sub-sequential petition, to further emphasize our position in our stmggle with the City~ This petition reiterates that the members of Stonehaven Homeowners Association desire to privatize our community to meet the standards based in the three party agreement. Including all aspects of the agreement, but most specifically the matter of gating the community from the front entrance off of Knuth Road and sealing off the back entrance with either a wall or gate. The members of the community understand that privatization may cause a delayed timing externality with concern to en3argency services. The community feels that upon completion of Knuth Road, that emergencs~ services will have another route into the association to take the place of the route currently used as an alternative route located at Sonehaven DJ-ire and Congress Avenue. This will give emergency services two entries; one at Woolbright Road and Knuth Road and one at Boynton Beach Blvd. and Knuth Road, as opposed to one at Congress Blvd. and Stonehaven Drive and one at Boynton Beach Blvd. and Knuth Road. The community maintains that it will work with emergeucy services in installing the necessary ~quipment to allow access to the community for emergency services. All members, of Stonehaven Homeowners Association that ~re in agreemem with the Petition and want our conlmmnty to be privatized, please sign below. Signature 3 0 EXHIBIT "D" 19. 20. 21. 22. I~-.L,,., C ' ] ' 24. ( y~_ ~ ]~ x.~ ~c,_~ 26. 29. 30. 34. 35. 36. 38. 39. 40. 41. 42. 44. 45. 46. 4; 49. 50.. 51. 52. Lot Number 54. 55. 56. 57. 58. 59. 61. 62. 10-4 £'?~, / ,1 5'2."7 Z:~ ?( Date '~,l?. p~/.~, ,,:.~.~. ~/~.,, ~/~/~ 2/u~ho -z~ ,~ /~1o~ 2 _Signature 64.- ~ - 77~.' ~LC~. -- 78. 79. 80. 81. 82. 83. .. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. Lot Nu~mber EXHIBIT "D" DqLe CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT INTEROFFICE MEMOR.4aNTIUSI EXHIBIT "E" ~ TO: FROM: DATE: SUBoTECT: Mike Rumpf, Director of Plarming and Zoning Jeffrey R. Livergood, Director of Public Works January 4, 2001 Public Works Review. Stonehaven Road Closure The Public Works Staff has evaluated a request by the Stonehaven Homeowners Association to close Stonehaven Drive just north of the canal. Staff has evaluated the homeowner's request as ``yell as the traffic study completed by Gerald B. Church, P.E., on behalf of the Stonehaven Homeowners Association. In order to assess the impact of closing Stonehaven Drive north of the canal, it is necessary to evaluate the existing traffic conditions to determine the impact of the closure on local residents as well as to determine the degee of inappropriate use of Stonehaven by the those motorists that should be utilizing the a~acent arterial network in lieu of local collector roadways within the referenced development. The consultant has measured traffic volumes at three locations within the planned unit development. A summaw of the average traffic volumes is as follo~vs: Stonehaven, ,,vest of Banyan Creek = 1,602 Stonehaven, north ofthe canal = 1,093 Stonehaven, west of Congess =3,092 In staff's opinion, the above average traffic volumes are consistent with volume typically associated w/th a collector roadway such as Stonehaven Drive. Therefore, any suggestion that traffic volume is excessive at any point on Stonehaven Drive is not sufficient, nor reasonable, justification for the closure of Stonehaven Dr4ve. Staff recognizes that in some instances, there may be significant inappropriate use of a roadway suggesting a modification in either roadway design or signage to deter such use. Inappropriate use will often occur on a roadway when motorists b,vpass signalized intersections and instead travel on local streets. These motorists often perceive that they save time by doing so when in fact they may be extending their travel time. Motorists often incorrectly believe that, if they are moving instead of standing still at a signalized intersection, they are saving time. The Stonehaven Homeo``~mers Association has opined that there is, in fact, a large amount of bypass traffic, on Stonehaven and they are using this argument, among others, as justification for road closure. Their consultant did not, however, adequately evaluate or measure inappropriate traffic nsc. In staff's opinion, analysis of the de~ee of inappropriate traffic is essential when considerSng a road closure that is based upon traffic impacts. Because the consulting engineer contracted by the EXHIBIT "E" Stonehaven Homeowners Association did not document the degree of bypass traffic, the Public Works Staffconducied its own analysis. On January 3, 2001, staffconducted a license plate survey between the hours of 3:30 PM and 4:30 PM. As part of this study, staffplaced two employees at each of three locations. We conducted surveys on Stonehaven west of Congress, on Stonehaven north of the canal, and on Stonehaven just east of Knuth. At each of these locations we recorded license plates for each vehicle passing the referenced locations in both directions. By collecting this information} we are able to assess the origin and destination of vehicles entering and exiting the planned development. Furthermore, we are able to assess the amount of traffic that utilizes Stonehaven Drive and has neither an origin nor destination within the study area. ha other words, we are able to measure the amount ofb.vpass traffic. A summary of our findings is as follows: ' Vehicles travelling from Congress onto westbound St0nehaven = 108 Of these 108 vehicles, 82 were destined in the multi-family housing 17 were destined in the single-family housing 9 continued to Knuth or bypassed (8.3%) Vehicles travelling from Knuth onto eastbound Stonehaven = 56 Of these 56 vehicles, 17 were destined in the multi-family housing 33 were destined in the single-family housing 6 continued to Congress or bypassed (10.7%) Vehicles originating in the single family homes -- 41 Of these 41 vehicles. 36 exited the planned development at Knuth 5 exited the planned development at Congress Vehicles originating in the multi family homes = 83 Of these 83 vehicles, 8 exited the planned development at Knuth 75 exited the planned development at Congress Staffbelieves that certain data merits additional discussion. The hour of this traffic count very nearly approximates the afternoon peak hour as depicted by the consulting engineer's 24-hour traffic count. The approximate peak hour factor is about 0.085 and is less than the customary st~mdard of 10% (0. I0). During the license plate survey, staff recorded a total of 15 vehicles that traveled through the development xvith neither an odg/n nor destination in either the single or m~!ti family homes. Assuming a peak hour factor of 0.085, one can estimate that, on a 24-hour barns, 176 vehicles would travel on Stonehaven Drive and have neither an origin nor destination wi!hin the development. Closing Stonehaven Drive as requested would certainly eliminate these 175 vehicles and be a benefit to area residents. H~ ,wever, despite this small benefit to area residents, a road closure could pose a concern to many re~ idents in the development that travel along Stonehaven at the point of the proposed road ck sure in order to access their homes. For example, dur/ng the hour of study, 25 residents passed thi augh the point of proposed closure to travel either to or from their home in the multi family po 'Lion of the development. Furthermore, 22 residents passed the point of proposed closure to tra tel either to or from their homes in the single-family portion of the development. Thus, a clo!ure ~vould negatively affect 47 vehicle thps during the study hour. Using the same peak hour EXHIBIT "E" factor of 0.85 would mean that on a 24-hour basis, a total of 553 local vehicle trips would be forced to alter their driving patterns should the roadway be closed as requested. This number far exceeds the reduction of bypass traffic of i 76 vehicles as discussed earlier. Staff Summary Staff finds no traffic-related justification for the closure of Stonehaven Drive ar any point between ConFess and Knuth. Stafffinds little evidence of bypass traffic through the Stonehaven Planned Unit Development and is of the opinion that the completion of Knuth Road from Woolbright to Boynton Beach Blvd. will provide motorists with yet another option to avoid arterial intersections. As such, the amount of bypass traffic on Stonehaven will likely decrease in the future. Additionally, staff finds that local residents within the Stonehaven Planned Unit Development would be most impacted by any road closure on Stonehaven north of the canal. Therefore, in order to further consider a road closure it is imperative that strong consensus from residents in both the single and multi family developments is garnered. [n addition to vehicular traffic issues, the proposed closure of Stonehaven would elimmare pedestrian and bicycle traffic as well. Should the City favorably consider a road closure for reasons unrelated t.~ 7r?ffic control, the Public Works Staff suggests that pedestrian access be maintained and the 3. ~ewalk remain open. Staff also notes that we have not assessed the ability of both the Police and Fire Departments to respond to emergency situations w/thin the development should Stonehaven be closed. This analysis is more appropriately conducted by those agencies. Furthermore, there is a storm drainage catch basin located directly beneath the proposed fence on the West Side of Stonehaven. The Utilities Department is most qualified to comment on this matter. It is entirety possible that other reasons may exist for the City to consider dividing this development. The Public Works Staff is not qualified to comment on these matters and leaves further evaluation to others. , L erg6od CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested C~y Commission [] April 3, 2001 [] Apr~ t7, 2001 Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) Maxch 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18,2001 (5:00 p.m.) Requested City comnussion Meefin~ Dates [] May 5, 2001 [] June 5, 2001 [] Jtme 19, 2001 [] July 3, 2001 V-CONSENT AGENDA ITEM E O~T~' OF BO%2T,SN BEACH CITY CLESK'S ,SFFICE OI H~R 16 ~}~11:3~ to City Clerk's Office May 2, 2001 (5:QO p.m.) May 16, 2001 (5:00 p.m_) June 6, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve Change Order #8 for the Ocean Avenue Promenade Project (including Change Proposals #6, 9, 12, 18, 19, 20, 21, 23, 24 and revised Change Order ~6), which represents a net reduction in project costs of $20,614.37. EXPLANATION: Over the course of the last two months, there have been a number of change proposals for the Ocean Avenue Promenade project. These change proposals, for the most part, covered field changes that needed to be made during the construction phase of the project. Some of the Changes included design changes that were project enhancements, some of the changes were exclusions of planned improvements due to non-cooperative private property owners, and other changes were simple additions and deletions to the project once construction got well ,underway. The compilation of al of these change proposals are now being put into a Change Order for consideration and approval by the City Commission. PROGRAM IMPACT: The individual Change Proposals (CP) are as follows: CP #6 <$17,936.95> CP #9 <$11,945.00> Deletion of improvements due to uncooperative private property owner. Deletion of improvements due to the City Water Department picking up the cost of this replacement water line. S:~BULLETIN~ORMSX, AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM CP #12 $ 502.00 CP#18 < 2.906.52> CP #19 7,327.25 CP #20 2,175.50 CP #21 3,852.00 CP #23 < 462.50> CP #24 1,167.10 CO # 6 < 2,387.25> Adding sidewalk improvements at 401 E. Ocean Ave. Substituting limerock base for planned asphalt base. Installing paver blocks in 500 block instead of asphalt. Correction of handicapped ramps at U.S. 1. Installation of pavers ~n 400 block left out of original design Deletion of driveway pavement at 1st Street. Correction of driveway apron design error in 400 block. Correction to Change Order #6 {Intersection of 100 block). (This previously approved Change Order has been modified downward with a revised cost of $13,463. This represents a cost savings of $2,387.25 off of Change Order #6). < $20,614.37> Net reduction in project costs for this Change Order. FISCAL IMPACT: The net effect of the 9 individual change proposals and the one modification to previously approved Change Order #6 is a cost reduction of $ 20,614.37 to the project. ALTERNATIVES: Not to authorize the Change Order #8, thus resulting in these net savings not being realized. Please be aware, this is not the final Change Order for the project. There will be at least one more Change Order which will serve as the close-out (final) Change Order for the project. Department Hend's S~ature Engineering Deparmaent Name City Manager's Signature City Attorney / Finance / Human Resources From: To: Project: ENG~EER: Revision: plans: ProPosal Date:. A-1 A-10 B-19 B-12 B-15 D-15 D,-6: D-3 Change Proposal, #6 Burkhazdt Construction, Inc. 1400 AJabama Ave. ~20 West Palm Beach, Fl. 33401 AYc Dennis E. Haynes Telephone: 659-1400 Fa)c 659-1400 City Of Boynton Beach, Florida 100 East Boy,ton Beach Blvd. Boynlon Beach, Florida 33425 Att: Fmnlz Lafontant Telephone: 742-6282 Fmc 742-6285 East Ocean Avenue Promenade Ciiy Project ~9920 Gee & Jenson One Hamard C';cle West Palm Beach. FI. 33409 Att: Ray Davidson, P.E. Telephone: 515-6500 Fa~ 515-6502 Delete Improvements To E~tJng Parking Lot Ste_ 21+50 Rt. None 10/26~0O0, Revised 1/10/01 (Deleted 8 Additional Columns) Item Description Quantity Mobirization -1 LS Pavemen~ Removal, 2' Thict( -14 SY Concrete Sidewalk Removal -30 SF Cone Wheeistop RemJRer~ace -12 Ea 1-1/4" Type S-I Asphalt -330 SY Concrete Sidewalk, (4' ~l~ick) -30 SY Urban Column -12 Ea Sod -175 SF 1-GAL Shrub -36 EA Unit Price Amount SS~O.OO $ (550.00) S4.30 $ (60.20) $15.50 $ (465.oo) $12_50 $ (150.00) $3.70 $ (1,221.00) $35.00 $ (1,050.00) $1j70.00 $ (14,040.00) s0.a5 $ (148.75) $7.0o $ (252.0o) Change Proposal fl6, Net Deduct $ (17,936.96) De~----'E. Haynes, ~ce Pr~ent From: To: Project: ENGINEER: Revision: Plans: P~opeaal A-25 A-26 A~27 A-28 A-16 Change Proposal, #9 Burkhardt Coea~uction, Inc. 1400 AJabama Ave. f~20 West Palm Beach, FL 33401 AYc Dennis E Haynes Telephone: 659-1400 Fa= 659-1400 City Of Boynton Beach, Florida 100 East Boynton Beach Blvd. ~ Frantz Lafontant Telephone: 742-6282 Fmc 742-6285 Eeat Ocean Avenue Promenade C~y Project ~9920 Gee & Jenson One Hanmrd Cjrcte West Palm Beach, FI. 33409 ,Nb Ray Davidann, P.E. Telephone: 515-6500 Fa= 515-6502 Water Main Modilicaflons {~ N.E. 3rd. SL & Ocean Ave. Per Sketch Prepared By City Of Boynton Ech. Utilities 1-Sheet Sketch 11/2/2000, Rev. 11/24/00 To Show Credits Only ;rem Deacriptlon Delete, 4" DIP Water Main 8"x4" TS&V Plug 4" Water Main Remove Rep;ace 2" Vent Pipe Quantity Unit Price Amount -39 LF $110.00 -2 EA $2,4O0.00 -1 LS $645.00 -34 LF $6,5.00 All Work Below Shall Be Performed By City Forces Relocate Fire Hydrant I lEA 24" x 8" TS&V 1 EA 8" DiP Water Main 20 LF Imtall Water Set, ce & Connect 3 EA To Main RemOve ~ 4" Water Main ILS T'~in To E~et. 4" Water Main ILS 4" Gate Valve I EA 8' x 6" Reducer I EA 8" x 4" Tee I EA Bacteriological Testing ILS Asphalt Trench Patching & Overlay 50 SY s (4,2~o.oo) $ (4,800.00) $ (645.oo) $ (2,2~0.00) Change Proposal f~9, Net Add $ (ll,s4s.00) . ' 1 4" Water Main To Be Shut Off Prk)r To Froro: To: Project: . ENGINEER: Revision: Plal~: Propoeal Date: Change Proposal, #12 Bmkhardt Const~nctlon, Inc. 140O ,Nabama Ave. West Palm Beach, FI. 33401 Afl: Dennis E. Haynes Telephone: 659-1400 Fa~ 659-1400 C~ Of Boynton Beach, Florida 100 East 8oynton Beach BIlL Boynton Beach, Florida 33425 Att: Frantz Lafeatant Telephone: 7426282 Fa~ 7426285 East Ocean Avenue Promenade C~ Project f/SS20 Gee & Jenson One Haward Circle West Palm Beach, Fl. 33409 Afl: Ray Davtdson, P.E. Te~phone: 515-6500 Fa~ 515-6502 Hardscape Modifications ~ 401 E_ Ocean Ave None 11/2/2000, Rev. 11/24/00 To Reflect Deleted Sidewalk A-1 A-lO B-13 B-15 Item Description Mobilization Concrete Sidewalk Removal (In Odg. Proposal) Concrete Pavers, Sidewalk Gmding/Reatoration Delete Concrete Sidewalk, (4" Thick) Quantity Unit Price Amount ILS $200.0O $ 20O.00 0 SY $15.50 $ 19 SY $43.00 $ 817.0O I LS $150.00 $ 150.0O 19 SY ~35.0O $ (665.0O) Change Proposal ~'12, Net Add $ 5O2.O0 From: To: Project: ENGINEER: Revision: P~oposal Date: Change Proposal, #18 Burkhardt Construction, Inc. 1400 Alabama Ave. ~20 West Patm Beach, FI. 33401 At~ Denn~ E. Haynes Telephone: 659-1400 Fmc 659-1400 City Of Boynton Beech, Florida 100 East Boyntcm Beach Blvd. Boynton Beach, Florida 33425 Att: Frantz Lafontent Telephone: 742-6282 Fa~ 742-6285 East Ocean AvenUe Promenade City Project ~9920 Gee & Jenson One Harvard Circle West Palm Beach, Fl. 33409 At~ Ray Day.son, P.E. Telephone: 515-6500 Fmc 515-6502 Change Base Under IntersecEon Pavers From Asphalt Base To Limerock Base 24-Nov-00 B-14 B-14 Item Description Concrete Pavers (Roadway) (Par'rial) Delete 6 1/'Z' Asphalt Base 4" IJmemct( Base To Remain Unchanged Cot, crate Pavers (Roadway) (Partial) Substitute 6 1/2" Urnerock Base In Addition To 4" IJrnen3ck Base Quantity Unit Price Amount 636 SY -$14.32 $ (9,107.52) 636 SY $9.75 $ 6,201.00 Change Proposal #18, Net Deduct $ (2,906.52) iDe~is-E. Haynes ~/~ Pre~lent From: Change Proposal, #19 Burkhardt Construction, Inc. 1400 Alabama Ave. ~20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Telephone: 659-1400 Fax:. 659-1400 To: City Of Boynton Beach, Florida 100 East Boynton Beach Blvd. Boynton Beach: Florida 33425 Att: Frantz Lafontant Telephone: 742-6282 Fa~c 742-6285 P~e~ East Ocean Avenue Promenade City Project #9920 ENGINEER: Gee & Jenson One Harvard Circle West Palm Beach, FI. 33409 Att: Ray Davidson, P.E. Telephone: 515-6500 Fax: 515-6502 Revision: Delete Asphalt Surfaces In Parking Lanes Of 500 Block Only Substitute 2 3/8" Thick Pavers Proposal Date: 11/24/2000~ Rev. 12/4/00 Item Description Quantity Unit Price B-g B-11 B-12 B-t3 8" Limerock Base, (Partial) 3~4" Type S-3 Pavement 1-1/4" Type S-1 Pavement Concrete Pavers (Sidewalk) (Partial) Add 2 3/8" Pavers Only 4" Limerock Base In Parking Lane To Remain Amount 265 SY -$8.30 $ (2,199.50) 265 SY -$3.35 $ (887.75) 265 SY -$3.70 $ (980.50) 265 SY ~43.00 $ 11,395.00 Change Proposal #1g, Net Add lly Submitte~i, $ 7,327.25 Change PropOsal, #20 From: Burkhardt Constn;ct]on, Ina. 1400 Alabama Ave. ~20 West Palm 8esdl, R. 33401 At~ Dennis E. Haynes Tek,phone: 659-1400 Fa~c 659-1400 City Of Boynton Beaelt, Florida 100 Eest 8oyntm Bes~ Blvd. Boyninn Beach, Florida 33425 Att Franlz Lafontant Telephone: 742-6282 Fa~ 742-6285 Project: Eest Ocean Avenue Promenade ENGINEER: Gee & Jenson One Harva~] Circin West Palm Be~ch, FL 33409 Att Ray Davk~son, P.E. Tetephen~ 515-6500 Fa~ 515-6502 Rev~ion: *A-11 B-I 3 F-2~ Remove/Replace Existing Band Cu~o ~ East End Of Project St~ 30+50 Modify Sc=fie Of W~k ~ U.S.fYl Per G.&J. Sk~ch Dated 12/14/00 12/4/2000, Revised 1110/01 (per DOT Ne~ R~uimments) ~ D~-~iption ~uantlty C~ncrein Curbr Rem°val 38 LF 12" Flush Headm Curb 38 LF Concrein Curb & Gutinr Remova~ 110 LF Concm~ Pavers, Remove & Reest 24 SY Type %=" Curb & Gut~r 110 LF Dele Creche Pa~s~s, S~k -68SY Concrete Sk~ewa~, 4" 68 SY Han~cap Ran~ 2 EA Cone;ere Pole Base 1 EA T~in Pole Base Conduit ~ New L~ 2 EA A~rjust Handhot~Pu# Box 2 EA Re-Grade F~ $~ In ~ ~ P~ ILS Items A-8, A.11 & B.3 Shall Be Removed & Replaced By 8urldmrdt Construction, In. At No Charge To The City Of 8oynton Beach Credit To Owner Unit Prine Amoum $3.55 ' $' 134.9O $11.70 $ 444.~0 $6.25 $ 687.5O $37.00 $ 88~00 $9.4O $ 1,034.00 $43.00 $ (2,924.00) $35.00 $ 2,380.00 $325.00 $ 650.00 $100.00 $ 200.00 $225.00 . $ 225.00 IL$ 42,SOS.SO S (2,609~0) Change Proposal ~t[20, Net Add $ 2,175.50 Change Proposal, #21 Burkhardt Construction, In~ 1400 Alabama Ave. fl20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Telephone: 659-1400 Fa~c 659-1400 To: City Of Boynton Beach, Florida 100 East B~ynton Beach Btvd. Boynton Beach, Florida 33425 At~ Frantz Lafontant Telephone: 7426282 Fe~ 742-6285 Project: East Ocean Avenue Promensde cr~ Project ~920 ENGINEER: Gee & Jenson One Harvard Circle West Palm Beach, FI. 33409 Att: Ray Davidson, P.E. Telephone: 515-6500 Fmc 515-6502 Revision: Items From Bob Katz Letter Dated 1/9/01 Item #1,4 & 5 Proposal Date: 7-Feb-01 Item Description Quantity Unit Price Amount A-1 Mobilization/General Conditions ILS $300.00 . $ 300~00 *A-10 Concrete Sidewalk Removal 8 SY $15.50 $ 124.00 B-13 Concrete Pavers, Sidewalk 56 SY $43.00 $ 2,408.00 B-15 Concrete Sidewalk, 4" 7 SY $35.00 $ 245.00 Tree Grate (Modify Round To Square To I EA $650.00 $ 650.00 Full Round Tree Grate) (Grate Provided By Owner) Grad~g I LS $125.00 $ 125.00 Change PropoSal ~21, Net Add $ 3,852.00 Submitted, Change Proposal, #23 From.' Burkhardt Construction, Inc. 1400 AJabarna Ave. ~20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Telephone: 659-1400 Fmc 659-1400 To: City Of Boynton Beach, Florida 100 East Boynton Beach Bbd. Boynton Beach, Florida 33425 Att: Frantz Lafontant Telephone: 742-6282 Fmc 742-6285 Project: East Ocean Avenue Promenade City Project f~9920 ENGINEER: Gee & Jenson One Hazard Circle West Palm Beach, FI. 33409 Att: Ray Davidson, P,E. Telephone: 515-6500 Fmc 515-6502 Revision: Delete Asphalt Overlay Of Ex~dng Parldng Areas At Ocean Ave. & lsLSL, South Side Proposal Date: 7-Feb-01 B-12 item Description (Delete) 1 1/4" Type S-1 Asphalt Quantity -125 SY Unit Price $3.70 Amount (462.50) Change Proposal 33, Net Deduct $ (4S2.E0) Change Proposal, #24 Burkhardt Construction, Inc. 1400 Alabama Ave. ~f20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Telephone: 659-1400 Fax: 659-1400 To: Ci~y Of Boynton Beach, Flor'Ma ~0o East Boynton Be~Yn B~L ~=ynton Beact~ Ror~a 33425 Att: Frantz Lafontar~ Telaphone: 742-6282 Fa~c 742-6285 Project: East Ocean Avenue Promenade Ck~ Project ~/~20 ENGINEER: Gee & Jenson One Harvard Circle West Palm Beach, FI. 33409 Att Ray Davidso~, P.E Tela~ndne: 515-6500 Fa=c 515.6502 Revision: Mod'~catione To Ddveway Sta.24+70 Rt., Plan Sheet C-6 P~p~ Date: A-1 B-12 B-12 B-11 B-18 21-Feb-01 Item Description Mobi~General Conditions Delete I 114" Type S-1 Asphalt Add I 114" Type S-1 Asphalt Add 3]4" Type S-3 Asohalt Add 6" Thick Concrete Driveway Apron Quanb'ty Unit Price Amount 1 LS $100.00 $ 100.00 -24 SY $3.70 $ (88.80) 38 SY $3.70 $ 140.60 38 SY $3.35 $ 127.30 24 SY $37.00 $ 888.00 Change Proposal ~24, Net Add $ 1,167.1o ~ly Submitted, Change Proposal, #15 From: Burkhardt Construction, Inc. 1400 Alabama Ave. #20 West Palm Beach, FL 33401 Att: Dennis E. Haynes Telephone: 659-1400 Fax: 659-1400 To: City Of Boynton Beach, Florida 100 East Beynton Beach Blvd. Boynton Beach, Florida 3..'.'.'.'.'.'.'.'.~25 Att: Fmntz Lafontent Telephone: 742.6282 Fax: 742-6285 project: East Ocean Avenue Promenade C;ty Project #9920 ENGINEER: Gee & Jenson One Harvard Circle West Palm Beach, Fl. 33409 Att: Ray Davidenn, P.E. Telephone: 515-6500 Fax: 515-6502 Revision: Add Scope Of Hardscape Work From Sta. 16+90 To Sta. 17+60 Lt. Plans: None Proposal Date: 11/2J2000, Rev. 11/24/00 To Reflect Sidewalk & Light Pole Additions Only, Rev. 3/7/01 Item Description ,Quantity Unit Price A-1 A-2 A-5 A-8 A-9 A-10 A-30 B-13 B-3 B-5 B-9 B-12 B-16; D-3 D-4 D-5. Mobilization ILS $1,750.00 Maintenance Of Traffic 1 LS $500.00 Pavement Removal, Z' Thick 0 SY $4.30 Concrete Curb & Gutter Removal 0 LF $8.25 Concrete Curb Removal 0 LF $3.55 Concrete Sidewalk Removal 12 SY $15.50 Relocate Tree 0 EA $235.00 Concre{e Pavers, Sidewalk 12 SY $43.00 Grading/Restoration ILS $750.00 Type"F'Curb&Gutter 15 LF $9.40 6" Flush Header Curb 45 LF $10.00 8" Limeroc~ Base 0 SY $11.30 1 114" Type S-t Asphalt 2130 SY $3.70 Conc;ete Sidewalk, 6~ 0 SY $37.00 · 1- GaL Shrub 0 EA $7.00 3- Gal. Shrub 0 EA $16.00 Mulch 0 CY $70.00 Amount 1,760.00 186.00 5t6.00 750.00 141.00 450.00 740.00 D-6 D-13 D-15 F-15 F-20 Art Display Platform Urban Columns SA 175W MH 1 17' Fluted Pole Concrete Pole Base Conduit & Wiring 0 SF $0.85 $ 0 EA $5,000.00 $ 0 EA $1,170.00 $ 2 EA $3,400.00 $ 6,800.00 2 EA $465.OO $ 930.00 ILS $700.00 $ 700.00 Change Prol~sal ;g15, Net Add $ t3,463.00 Special Provisions; I Price Does Not Include The Following Scope Of Work; Ughting~ec~c~ Storm Drainage Sanitapy Sewer Roadway Improvements Striping/Signing Modifications Respectfully Submitted, Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] ^p~117, 200i [] May I, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) Alxil 4, 2001 (5:00 p.m.) April I8, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May I5,200I [] June 5,200l [] June I9,200t [] July 3,2001 V-CONSENT AGENDA ITEM F. -. 'er n.- :', lyt, u,, NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval by Motion of Proposed Community Reinvestment Activities EXPLANATION: Pursuant to Resolution, the City Commission may authorize c0mrmSsion members use of Community Investment Funds. The following is a 1/st of proposed activities as suggested by members of the City CommiSsion with an estimated cost of each: Vice Mayor Weiland: Flag Pole for Little League Park - Estimated Cost $1,700. Vice Mayor Weiland: Screening Fence for Outfield (Field #2) - Estimated Cost $500 PROGRAM IMPACT: The program is designed to provide for community improvements based on recommendations of members of the City Commission. These improvements may consist of improvement to park properties, installation of architedtural features on city property or other activities benefiting the public. FISCAL IMPACT: Funds are included in the current budget for these purposes. INATIVES: Do not approve all or part of the above requests. 1;/'7") Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:kBULL~TINkFOP. JvISkAGENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates [] March20,2001 [] April 3, 2001 [] April 17, 201}I [] May 1,2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18,2001 (5:00p.m.) Requested City Commission Meet/ne Dates [] May 15, 2001 [] June 5, 2001 [] June 19,2001 [] July 3,200I V-CONSENT AGENDA ITEM G ., ~ OF ~.!?~Oh BEACH ~L,., , ~ OFFICE Date Final Form Must be Turned in to City Clerk's Office May 2,200I (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve purchase from Motorola Corporation 13 data modems for police vehicles in the mount of $31,005.00. EXPLANATION: The pplice department budget was approved for 13 radio modems at a cost o£ $36,114.00. The cost has come down per modc~, thus giving the city a saving of $5,109.00. Motorola is the sole supplier of the existing equipment, see attached letter. PROGRAM IMPACT: This p¢rchase will allow the new police vehicles to communicate via radio modems to the mobile data server located in the police department. FISCAL IIVIPACT: GeneralFund 001-2110-521-64-15 $31,005.00 ALTERNATIVES: Department l-'lead's Signature Police Department Name City Manager's Signature City Attorney / Finance / Human Resources S:~BULLETRx~FORMS~AGENDA ITEM P~EQUEST FORM.DOC ~° P.o. Box 550374 FL Lauderdale, FL 33355 March 21, 2001 City of Boynton Beach Police Dept. S~rgeant Jim Prestinari 100 E. BoynWn Beach Blvd. Boynton Beach, FL 33425 Dear Sergeant Prestinari: This letter is to inform you that thc VRM 650 Radio Modcms quoted to you by Motorola, can only be purchased through Motorola direct. There are no dealers or resellers for this product. Please contact mc at 954-723-8898 if you have any questions. Sincerely: MOTOROLA, Inc. Mike Bunting Account Manager Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17,200I [] May 1, 2001 V-CONSENT AGENDA 'rTEH H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM CiTY OF BO'f~TON BEACH C[iY ~[,~ i,..., '?FF!CE OIH R20 FH3:58 Date Final Form Must be Turned in to City Clerk;s Office March 7, 200I (5:00 p.m.) March 2I, 2001 (5:00 p.m.) Apffi 4, 2001 (5:00 p.m.) April 18,2001 (5:00 p.rru) Requested City comrmSsion Meeting Dates [] May 15,2001 [] June 5,2001 [] June 19, 200! [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOM31~NDATION: Approve renewal of pollution legal liability insurance with Royal Surplus Lines Insurance Company, for a Three- Year Term option premium of $31,496. ExPLANATION: Insurance broker conducted bid process. Five companies were identified and three bids were received. Companies bid based upon one year premium quotes. Bids received were AIG ($20,849), Gulf Insurance ($15,050) and Royal Surplus Lines ($14,998). AIG and Ouif offered one year premiums based upon current locations. Royal offered an additional three year premium based upon current and future locations at $31,496. PROGRAM IMPACT: This is continuing current program. FISCAL IMPACT: Premium to be charged to Risk Management budget line item 522-1710-519-45.05. ALTERNATIVES: Allow lnsurancc program to lapse and City to assume full risk. RISK MANAGEMENT Depar'nnant Name City Manager's Signature City Att~ ! Finance / Human Resources RM/Pollution Ins 2001-2004.dot S :~BULLETrNWO RM S~AGENDA ITEM REQUEST FORM.DOC OE/2~ixOi 15:~E ENUIR~MENTAL INS + 15617426~1 ND.~76 P001/~01 I~n'~mnm~n~l In~u~u~ ~rvic~ h~,. Birmit~ham, Al,, 3.~,42 ~-~J i -T/~? (iix) To: CHUCK MAGA~NE I{Yem: BILL TWITTY ~mpnny; 56}-742=6041 Onfm;. 03/20/0 I ~st-, CITY OF BOYNTON BEACH, FL pales,. I CONFIRMING OUR DISCUSSION OF EARLIER TODAY, WE DID SUBMIT A PROPOSAL TO QUOTE YOUR POLLUTION LIABILITY INSURANCE TO THE FOLLOWING COMPANIES: AIG $1MM/$2MM LIMIT $25K DEDUCTIBLE $20,849 PREMIUM FOR ONE YEAR (THIS WAS ONLY FOR THE LOCATIONS ON LAST YEAR'S ROYAL POLICY) GULF $1MM/$1MM LIMIT $25K DEDUCTIBLE $13,050 FOR ONE YEAR (DITTO ON TH~ LOCATIONS) WE ALSO SUBMITTED TO EVANSTON INS. CO, AND GREENWICH INSURANCE COMPANY BUT DID NOT RECEIVE THEIR QUOTES, LET ME KNOW OF ANY QUESTIONS. THANKS! 200 C. ahaba Park South, Suite 200 Birmingham, AL 35242 205-991-7885 OPTION I To: GKEG MORRISON From: BILL I~riTTY Company: C&C CONSULTANTS Date: 4/11/00 Re: CITY OF BOYNTON BEACH, FL Pages: 2 Thank you for your submission on the above account. The following outlines our proposal for the reference account with ROYAL SURPLUS LINES Insurance' Company (A XIV). Please read the policy form and coverage terms carefully. Please note that term~ and conditions of this proposal are subject to change based upon underwriter receipt and review of an~ informa~on requested on this proposal as being required prior to binding. Scheduled Locations: 1) 1620 SOUTH SEACKEST RD, BOYNTON BEACH, FL 2) 5469 WEST BOYNTON BEACH BLVD, BOYNTON BEACH, FL 3) LIFT STATIONS AS SUBMITTED Coverage: POLLUTION LEGAL LIABILITY A- CLAIMS FOR BODILY INJURY & PROPERTY DAMAGE B- ENVIRONMENTAL REMEDIATION COSTS Endorsements: UST EXCLUSION (UNLESS SPECIFICALLY SCHEDULED) Y2K EXCLUSION NUCLEAR ENERGY LIABILITY EXCLUSION 1) Limits of Insurance: $1,000,000 Each Pollution Condition $2,000,000 Total Pollution Conditons Deductible: A) $25,000 Option 1: ANNUAL TERM Premium: $7,996 + $100 policy fee + Agent to file surplus lines taxes Option 2: THREE YEAR TERM Premh~m' $16,792 + $100 policy fee + Agent to file surplus lines taxes Retroactive Date: 3/20/97 The following information is due with in 20 days of binding: Ori~nal Signed Application Standard Conditions: 1) Agent is responsible for filing the taxes. 2) Premium is due within 10 days of binding all policies are 25 % rn/~imum earned. 3) The terms and conditions of this indication may differ rnaterially from those requested in your submission. We will, upon request, provide policy forms for your review. 4) This indication is valid for 30 days 5) This document is an indication or pricing and coverages available. We reserve the fight to modify the terms, conditions, and pricing based upon receipt and review of all underrating requested prior to acceptance of any binding order. Important: All orders to bind must contain a written statement explicitly defining who is to arrange for the fdings of the surplus lines taxes. If you would like EIS to make arrangements for filing the taxes, the originals of all documents must be in our office within ~ days of the effective date. (documentation can be obtain from Cathy in our accounting office) This is due to the varying requirements of each individual state and their surplus lines insurance laws. 200 C~haba Park South, Suite 200 Birmingham, AL 35242 205-~91-7885 205-691-7767 OPTION II To: GREG MORKISON From: BILL TWirl"/ Company: C&C CONSULTANTS Da~: 4/11/00 Re: CITY OF BOYNTON BEACH, FL Pages: 3 Thank you for your submission on the above account. The foUowing outl{nes our proposal for the reference account with ROYAL SURPLUS LINES Insurance Company (A XIV). Please read the policy form and coverage terms carefully. Please note that terms and conditions of this proposal are subject to change based upon underwriter receipt and review of any information requested on this proposal as being required priar to binding. Scheduled Locations: 1) 1620 SOUTH SEACREST RD, BOYNTON BEACH, FL 2) 5469 WEST Bo%rNTON BEACH BLVD, BOYNTON BEACH, FL 3) LIFT STATIONS AS SUBMITTED 4) 8020 JOG ROAD, BOYNTON BEACH, FL 5) 515 NW 14m AVENUE, BOYNTON BEACH, FL 6) SE 15~ AVENUE, BOYNTON BEACH, FL 7) CONGRESS & WOOLBRtGHT, BOYNTON BEACH, FL 8) 1901 SEACREST BLVD, BOYNTON BEACH, FL 9) 551 NE26~ AVENUE, BOYNTONBEACH, FL I0) 125 SE 2m) AVENUE, BOYNTON BEACH, FL 11) 3501 NORTH CONGRESS AVENUE, BOYNTON BEACH, FL 12) 300 BOYNTON,LAKES BLVD, BOYNTON BEACH, FL 13)421 NE 13~ AVENUE, BOYNTON BEACH, FL 14) 700 NE 4x~ AVENUE, BOYNTON BEACH, FL 15) 3600 MINER ROAD, BOYNTON BEACH, FL 16) 801 NORTH CONGRESS AVE, BOYNTON BEACH, FL Coverage: POLLUTION LEGAL LIABILITY A- CLAIMS FOR BODILY INJURY & PROPERTY DAMAGE B- ENVIRONMENTAL REMEDIATION COSTS FROM ENVi~0ME~AL INS. (TUE) 3. 20' 01 :~'~'~ * .~ ..... End;orsements: PISTOL R~G£ AT 3501 NORTI-I CONGRESS WILL HAV£ A LBAD EXCLUSION CrOV~ 7RIC, GER B-~IDORSF~MENT FOR L~CATIONS 4 THROUGH 16 1) Limits o~ln~rencc: $1,O00,O00EaehPoHutionCondifion $2,000,000 TotalPoUu~onCondilions Deductible: A) $25,000 Option 1: ANNUAL TERM P~e~sdum: $14,998 + $100 policy fee + Agent to file surpl ~ lines ~axcs OptiOn 2: THRP.~ YEAR TERM ~ Premium: $31~496 + $100 policy fee + Agent to file surplus lines ~axes Retroactive Date: 3/20/97 (I~CEPT FOR LOCATION 4 T'~IROUGH 16 WHICH WILL BE INCEPTION) The following information is due with in 20 days of binding: Original Signed Applicat/on Stan~rd Conditions: 1) ~gon.t i~ responsible for ~llng thc ta.,v~s. ~ 2) l~.mlum is due wlthi,~ 10 days ofblnding all policies ar~ 25 % ml-lmu~n 3) The terms and conditions of this indication may differ materially from those req-e~ed in your submission. We will, upon r~quest, provide policy fi~rms for 4) This indication is valid for 30 days 5) II,is document is aa indication or .p.n.'cing and coverageslavailable. We reserve the.right to modify the term.s, conditions, and pricing b~-~d upon receipt and review of all underwriting requested prior to acceptance of any binding order. ~.~07~ EN~:ROJ,:JTAL ~S. (TUE) 3. 20' 0t '.3:~ "~ -~ .... = Important: All orderSito bind must contain a w-;++--~ -,--- .... I ........ who is to arrange for the fflin,., of +~"-"-~--"-~'~"mcnr-exl~nc*i-uy aezmmg like ElS ~ make ar-'-o-----~s~'- ~- ,~.~.su .r~. aUS al~UeS tax~es, l~you would . .~ ~. :4u~mcnzs Tor tiring me taxes, the. riginals of all oocuments ~l~.usx ne in our ollicc within $ days of the e~e~rltive (documentation can be obtain fro-- ,'~--,L-- -' · · '" *~utny m our aeCOu~mtmg office.) This IS due to.the varying requirements of each individual s te and their surplus lines Insurance laws. ENVIRONMENTAL INSURANCE SERVICES, INC 200 CAHABA PARK SOUTH, SUITE 200 BIRI~IlHGHAH, ALABAHA 352't2 205/991-7885 FAX # 205/991-7767 DATE: TO: COMPANY: FROM: RE: O:S/19/01 CHUCK MAGAZINE CITY OF BOYNTON BEACH RISK MANAGEI',tENT DEPARTlvl ENT 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL BILL TWITTY CITY OF BOYNTON BEACH COI~IMENTS: PLEASE FIND THE ATTACHED qUOTES FOR THE ABOVE. IF YOU HAVE ANY qUESTIONS, PLEASE LET US KNOW. THANK YOU, TROM ENVi~OMENTAL INS, CHUCK MAGAZINE From; BILL Tgi 'ITTY ~ml~nlf: 561-742..6041 Da~: 03/20/0 Re: CITY OF BOY'I~TON BEACH, FL Pages: 3 ~FOR BRINGING OUR TYPOGRAPHIC AL ERROR TO MY ATrENTION, I APOLOGIZE FOR THE CON FUSION. 1 HAVB ATTACHED A COPY OF ~ CORRECT FINAL TWO PAGES FROM OPTION II. AGAIN, I M SORRY FOR TIq. ~. ERROR. LETiME KNOW OF ANY QUESTIONS. tHANKS., Requested City Commission Meeting Dates [] March 20,2001 [] April 3,200 t [] Apri! 17,2001 [] Mayl,2001 V-CONSENT AGENDA ITEM T. CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FORxvl Date Final Form Must be Turned in to Ci¢? Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18,2001 (5:00 p.m.) Requested City Commission Meetin~ Dates [] May 15, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOI~I2V[ENDATION: Approval of final plat for BJ's Wholesale Club (Boynton Beach Boulevard PCD) by motion. Location: SW Corner of Boynton Beach Boulevard and Winchester Park Boulevard. EXPLANATION: The developer has prepared a final plat of subdivision for consideration of the City CommiSsion. The motion to approve the final plat should to "authorize the Mayor and City Clerk to sign the final plat upon presentation of the plat as approved as to form by the City Engineer. Action on the plat at the April 3rd meetin~will allow the developer to proceed with the development of the propertv, subject to issuance of necessary building and development permits. ~ PROG~AM I3'IPACT: None FISCAI~ INLPACT: None ALTERNATIVES: development permits. Department Head's Signature Department Name Non-approval of plat will not allow the staff to proceed with issuance of necessary City Manager's Signature City Attorney / Finance / Human Resources S:kBULLETIN\FORMSXAGENDA ITEM REQUEST FORM.DOC Requested City Commission Meetine Dates [] March 20. 2001 [] April 3, 2001 [] April 17,2001 [] May 1,200i VI-CITY MANAGER'S REPORT ITEH CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office March 7, 2001 (5:00 p.m.) March 21. 2001 (5:00 p.m.) April 4. 2001 (5:00 p.m.) April 18,2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Mu~t be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 ~5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consem Agenda [] New Business [] Public Heanng [] Legal [] Bids [] Unfinished Business [] Announcemenl [] Presentation [] City Manager's Report RECOMMENDATION: Approve a motion to create a temporary Dog Park at a site to be selected by the City Commission, Funding to be from the Parks and Recreation Facilities Trust Fund. EXPLANATION: Dog Parks have become very popular both locally and nationally. The City recently received a petition for a Dog Park which was signed by approximately 1.800 residents of both the City and the County. A report is attached which discusses Dog Parks in general and some possible locations to be considered here in Boynton Beach. Options include: a temporary Park at Congxess Avenue Community Park at a cost of approximately $25,000 (see attachment page H), a temporary Park at another undeveloped site at a cost of approximately $50,000 [see attachment page G). A permanent Dog Park at an existing site would cost approximately $84,000 (see attachment page B). PROGRAM IMPACT: Approval of tiffs item will allow for the expansion of our Park program to include additional services to the dog owner community m our area. FISCAL IMPACT: Approval of tlus item would authorize anywhere from $25,000 to $50,000 (depending on the location) to be expended from the Parks and Recreation Facilities Trust Fund. ALTERNATIVES: The City Commission may choose not to create a temporary Dog Park or it may c~oose to consider a temporary or permartent Dog Park as part of a futu~e Park Capital Improvemeng/Plan. /~ / .~. P arks Department Name ' -- ~ity~Atto~J~Finance / Human Resources S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC TO: FROM: CC: LEISURE SERVICES - PARKS MEMORANDUM #01-22 Kurt Bressner, City Manager John Wildner, Parks Director/~ Wilfred Hawkins, Assistant City Manager Barbara Meacham, Parks and Landscape Planner File RE: Dog Park Date March 13, 2001 As you are aware, the City recently received a petition for a dog park which was signed by approximately 1.800 residents of both the City and the County. The following information is submitted concerning dog 3arks in general as well as specifics for a possible dog park in the City of Boynton Beach. HISTORY Dog parks tn general have become very popular both locally and nationally. In response to local requests, last years capital improvement plan listed several locations for a possible dog park in Boynton Beach. About six-months-ago, Palm Beach County opened a dog park at Lake Ida Park in Delray Beach. It became very popular drawing patrons from all over =alm Beach County. This caused considerable interest for additional dog parks closer to residents homes. Other Palm Beach County communities, including Boca Raron and Ju piter, are now considering dog parks. PALM BEACH COUNTY We have discussed dog parks with Bill Wilshire, Planning and Design Superintendent with the Palm Beach County Department of Parks and Recreation. He indicates that County is considering the location of two additional dog parks. One in the central part of the County (near O~eehelee Park) and one 'Ln the northern part of the County (near Jupiter). In addition he told us that they are considering the expansion of the existing facility at Lake Ida Park due to the large number of users in the South county area. 3OYNTON BEACH Attached is an analysis of possible dog park locations in the City, prepared by Barbara Meacham, Park and Landscape Planner. In it she points out the requirements and costs for'both permanent and temporary locations. A summary of the attached report indicates that several locations could be considered for this use. Among them most are neighborhood parks. Discussions with Bill Wilshire and our own further research indicate that dog parks seem to work best when included in district or regional level parks which allow for considerable buffering for neighborhood residents. Two of Page 1 of 2 our neighborhood sites, Meadows I/Nautica Sound park site and the FPL site hold some potential for providing sufficient buffedng from the surrounding neighborhoods. Possible locations for a permanent dog park at the Quantum district park site and at the Congress Avenue district park expansion are complicated by our medium range plans for use of these sites. The Quantum park site is projected to be fully used for athletic field use. The Congress Avenue site is projected as the future location of a southwest area community center. The Congress Avenue community park site does hold potential for a temporary dog park since it already has parking and restrooms associated with it. Costs for a temporary dog park at Congress Avenue community park are estimated to be around $25,000 (see attached itemized list). Costs for a temporary dog park at other underdeveloped park sites such as the Meadows l/Nautica Sound park site is estimated at approximately $50,000 (see attached itemized list). Cost of a permanent dog park located within a larger site is estimated to be approximately $84,000. RECOMMENDATIONS We recommend that the location for a permanent dog park continue to be studied as part of our five year capital program. Whiia public input should be sought for both neighborhood and district park locations, the ideal situation would be for us to find a well buffered district park location not already designed for future development. This may require the acquisition of additional land for district park development. if a temporary dog park is still desired, Congress Avenue Community Park, Meadows I/Nautica Sound park site and the FPL site may still merit consideration. Estimated costs for each would depend on the amount of infrastructure available. If you desire further information please let us know. Attachment(s) JW/vlr Page 2 of 2 REQUIREMENTS FOR PERMANENT DOG PARK 1. 5-foot chainlink or lumbar privacy fence around perimeter extending all the way to the ground. 3 foot fence dividing intedor areas Conceal the outside view with opaque material or shrubbery, 2, Double gate system with self-closing gates with springs. 3, At least one acre, and no more than 5 acres in size. 4, Water fountains. 5. Bag dispensers and bags. 6. Si~ ns. 7. Handicapped accessible parking lot. 8. Some types of shading device such as shade trees or pavilions. 9. Devices for dispensing literature. 10. Trash containers. 11. Seeding or sodding. 12. Irrigation system. 13. Benches. 14,Shovels for owners to fill in holes. 15. Some areas will never be able to support grass and will have to be covered with mulch or wood chips. 16, Restrooms. 17. Pathways. MAINTENANCE CONCERNS 1. Mulch or wood chips that will periodically need to be replenished. 2. Grass reseeding. 3, Waste bags replenishment. 4, Fleas and other parasite control mechanism. 5, Fill in holes dug by dogs, LIABILITY CONCERNS 1. Need to amend "Dog at Large" portion of code that prohibits dogs running off-leash in public areas. 2. Insert waivers into city ordinances stipulating that owners take full responsibility for dog's actions in park, and post in dog park. 3. Post rules conspicuously. PERMANENT DOG PARK ITEM 5 foot chain link-perimeter 3 acres 3 foot fence dividing interior areas Double gate system Childproof Latch Canine Drinking fountain Bag dispensers Signs-to be provided by Public Works Parking lot (6 Spaces) -Asphalt Parking lot (6 Spaces) - 4" Shellrock Base Shading device wi 6'-0" Bench Literature Dispensing Devices Trash containers Top of Line Argentine Bahia Seeding-3 acres Irrigation system Pre-manufactured Restroom Double Pathway-Asphalt o2/23/2OOl QUANTITY 1509 295 3 3 2 4 1 3O 150 2 1 2 130680 1 1 UNIT LF LF EA EA EA EA EA TON TON EA EA EA SF EA EA SF COST $14.00 $10.00 $250.00 $25,00 $1,018.00 $15.00 $0.00 $55.00 $8.00 $1,809.00 $686.00 $249.00 $0.03 $17,000.00 $27,950.00 TOTAL $21,126.00 $2,950.00 $750.00 $75.00 $2,036.00 $60,00 $0.00 $1,650.00 $1,200.00 $3,618.00 $686.00 $498.00 $3,920.40 $17,000.00 $27,950.00 $0.00 $83,519.40 COMPARISON OF POSSIBLE DOG PARK LOCATIONS - 1. Meadows l/Nautica Sound Neighborhood Park PROS 1. 2. 3. Total combined sites are 9 acres. Nautica Sound portion is 5 acres, Nautica sound Portion has not yet been masterplanned. Distant from dog park in Delray. CONS 1. 2. The project ranked 29 in CIPi The City did not fund it in FY 01-02. The City planned to provide some active recreation, such as unlighted tennis courts, baseball fields, soccer, football & open soccer fields for the site. Undeveloped without infrastructure (such as water, electric, storm sewer, sanitary sewer, etc.) 2. FPL/Golf Road Neighborhood Park PROS 1. 2. 3. 4. Ranked 15 in CIP. 6 acres. Buffered by the canal from the adjoining neighborhood. Wooded area would provide shade. CONS 1. 2, 3. 4. Undeveloped without infrastructure. Too clOse to dog park in Delray. The City would have to clear portions of site. Still,relatively close to Golfview Harbor, 3. Congress Community District Park Expansion PROS 1. 2. 3. 4. 12 acres remaining on site to develop, The City could expand the existing irrigation system. It has an existing paved parking lot. The community would not use the tennis center at the same as it would use a dog park. People would use a dog park in the afternoon or early evening, whereas they would use the tennis center mostly in the morning, It has restroom facilities. CONS 1. The project ranked 21 in CIP. The City did not fund the project in FY 01-02. C = Too close to dog park in Delray. Plans include constructing a community center at location. Opposition from Hunters Run. Nickles Road Neighborhood Park PROS 1. 2. 3. 5 acres. Is in an unannexed portion of the county. Buffered from adjacent neighbors and is surrounded by area that is more rural. CONS 1. Portions of the site are native scrub/pine flatwoods that the City needs to survey in order to determine the extent and the quality to be preserved. In addition, parts of the site planned for a water storage facility. Ranked 31 in CIP. Not funded in FY 01-02. Undeveloped without infrastructure. Nautica/Knollwood Groves Neighborhood Park PROS 1. 2. Nautica portion is 3.5 acres. Distant from dog park in Delray. CONS t. 2. Ranked 13 in CIP but not funded in CIP. Potential conflict with adjacent community because it is close to Nautica Sound neighborhood. Undeveloped without infrastructure. Girl Scout Neighborhood Park PROS 1 2. 3. Ranked 20 in CIP. Funded for $20,000 in FY 01-02 12 acres. Distant from surrounding neighborhoods. CONS 1. 2. 3. Undeveloped without infrastructure. Too close to dog park in Delray. The City would need to clear the site of existing vegetation. = Quantum District Park PROS 1 2. 3. Ranked 16 in CIP. Funded for $20,000 in FY 01-02. 15 acres. Distant from dog park in Delray. CONS 1. 2. The site is undeveloped without infrastructure. Quantum is planning to construct a residential project on the adjacent site in the near future. Already programmed to include a regulation baseball field, soccer/football/softball combination filed, outdoor basketball courts, 2 picnic tables, pavilions, picnic tables, health trail, horseshoe pits, activity building, restroom/concession, maintenance building, landscaping & irrigation, sand volleyball court, and children's playgrounds. Woolbright Place Mini-Park Site PROS 1. 3.5 acres. CONS 1. 2. Ranked 33 in CIP. Not funded in FY 01-02, Conflict with Leisureville and other neighboring communities. Quail Run Linear Park PROS 1. 2. 3, 4.5 acres. Highly visible site to the public. Buffered from adjacent neighbors. CONS 1. 2. 3. 4. The project ranked 34 in CI P. The City did not fund it in FY 01-02. Undeveloped without infrastructure. The site is relatively close to the Dog Park in Delray. Awkward shape to site. ANALYSIS All these locations (except for Congress Community Park) are undeveloped without infrastructure ane need storm sewers, sanitary sewers, water, electricity, irrigation, restrooms, parking, fencing, gates system, water fountains, bag dispensers, signs, literature dispensing devices, trash containers, seeding, benches, and path system. All of these sites, except for FPL, Girl Scout and Nickels) need a shading device. The Meadows/Nautica Sound site has potential for a permanent dog park in the City. It is far away from the existing Dog Park in Delray. The reason why citizens are petitioning the City of Boynton Beach to develop a dog park is so that they can be closer one than the Dog Park in Delray. A canal to the south and a road to the northwest buffer the site from adjoining neighbors. It is a large enough site that the City could construct recreational facilities on it, such as ballfields, which then justifies the cost of constructing a restroom facility on it. Since there is plenty of land available, the dog park portion of the park could be designed so that it would be buffered by parkland on the east and thus less likely to disturb the neighboring community. The community surrounding the area right now is younger people that would be less likely to object to a dog park. It has no previous plans drawn up yet to develop the site, as is the case with most of the other sites under consideration. The FPL/Golf Road Neighborhood Park would be a second choice for a dog park. The site is ~n a relatively remote location that would be less likely to conflict with neighboring communities. It is next to 1-95 on the west. The rest of the site could buffer the dog park portion from the neighboring communities. It is large enough that it could support other recreation facilities besides a dog park, which would justify the expense of putting in restrooms and other infrastructure. The Nickies Roa(~ Neighborhood Park site is a third choice. It is large enough to place a dog park on it, and still accommodate the other uses such as possible water storage and an existing scrub site. It is in a relatively rural area, and does not have many neighbors. Since it is in an unannexed part of the county, any complaining neighbors would not be citizens of the City of Boynton Beach anyway. It is distant from the existing Dog Park in Delray. The Congress Community Distdct Park Expansion has potential as a temporary dog park because it has plenty of land, an expandable irrigation system, a paved parking lot, and restroom facilities. It would not be as feasible as a permanent dog park because future plans include constructing a community center at this location. This location needs additional irrigation, fencing, gates system, bag dispensers, signs, shading device, literature dispensing devices, trash containers, seeding, benches, and path system. The total estimate cost for these items are $25,465.40. The City has too many other plans for the Quantum District Park site for it to be a very good choice for a dog park. Plus a residential community is planned literally dght next to the park so that it is very likely there will be strong objectives from - neighbors to having a dog park close to their homes. ~23~1 TEMPORARY DOG PARK AT AN UNDEVELOPED PARK SITE ITEM QUANTITY UNIT COST TOTAL 5 foot chainlink-perimeter 3 acres 1509 LF $14.00 $21,126.00 3 foot fence dividing interior areas. 295 LF $10.00 $2,950.00 Double gate system 3 EA $250.00 $750.00 Childproof Latch 3 EA $25.00 $75.00 Canine Drinking fountain 1 EA $1,018.00 $1,018.00 Bag dispensers 2 EA $15.00 $30.00 Parking lot (6 Spaces) - 4" Shellrock 150 TON $8.00 $1,200.00 Shading device wi 6'-0" Bench 2 EA $1,809.00 $3,618.00 Trash containers 2 EA $249,00 $498.00 Top of Line Argentine Bahia Seeding-3 acres 130680 SF $0.03 $3,920.40 Irrigation system 1 EA $3,000.00 $3,000.00 ADA Compliant Porta-John Rental-5 Years ~ EA $12,000.00 $12,000.00 $50,185.40 02/23/2001 G TEMPORARY DOG PARK AT CONGRESS COMMUNITY PARK ITEM QUANTITY UNIT COST TOTAL 5 foot chain link-perimeter of less than 3 acres 1000 3 foot fence dividing interior areas. 200 Double gate system 3 Child proof Latch 3 Canine Drinking fountain 1 Bag dispensers 1 Trash containers 1 Top of-Line Argentine Bahia Seeding-3 acres 130680 Irrigation system Benches-4'-0" 2 02/23/2001 LF $14.00 $14,000.00 LF $10.00 $2,000.00 EA $250.00 $750.00 EA $25.00 $75.00 EA $1,018.00 $1,018.00 EA $15.00 $15.00 EA $249.00 $249.00 SF $0.03 $3,920.40 EA $3,000,00 $3,000.00 EA $219.00 $438.00 $25,465.40 Requested City Commission Meetin~ Dates [] March 20. 2001 [] April 3.2001 [] April 17,2001 May 1.2001 VI-CITY MANAGER'S REPORT ITEM ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR w Date Final Form Must be Turned m to City Clerk's Office March 7, 2001 5:00 p.m.) Mamh 21, 2001 '5:00 p.m.) April 4. 2001 15:00 p.m.) Apml 18,2001 (5:00p.m.) Requested City Coram/ssior Meet/n~ Dams [] May t5, 2001 [] June 5, 2001 [] June I9. 2001 [] July 3. 2001 Date Final Form Must be Turned mro Cit~ Clerk's Office May 2, 2001 I5:00 p.m, May I6, 2001 (5:00 p.m.) June 6. 2001 5:00 p.m0 June 20, 2001 /5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'm/shed Business [] Announcement [] Presentation [] City Manager's Report RECOI~VIENDATION: Motion to approve authorizing city stafto negotiate with the Florida Municipal Loan Council or a qualified banking institution for a loan in an aggregate amount not to exceed $3,086,690 for the acquisition, construction and erection of certain capital projects. EXPLANATION: Based on the Capital Improvement Program Priority List. the below listed projects are ready to be implemented within the next year: Intracostal Park Development $300.000 Public Works Compound Parking $121.690 i Ocean Ave. Promenade (Completion) $775.000 biLK Master Plan Implementation $300,000 Southeast Neighborhood Park $ 145,000 Senior Center Phase II $ 800,000 Girl Scout Neighborhood Park $ 90.000 Library Expansion $ 500.000 Total $3,086,690 It is being recommended that we borrow the funds to complete these projects from the Florida Municipal Loan Council~sponsored by the Florida League of Cities. (a brief program overview is attached} or if administrative fees and interest rates are lower, from a qualified banking institution. There are two windows of opportunity to participate with the Florida League of Cities: April or Novmeber of 2001. PROGRAM IMPACT: It is anticipated thal the listed projects should be completed within the next three years. The completion of these projects would greatly enhance the quality of living for our residents. FISCAL IMPACT: A loan would be for a period of 10 years with annual principal and interest payments possibly coming from current funds being collected from Public Service Tax dollars and set aside for capital projects. Current annual revenue being received is approximately $1 million. ALTERNATIVES: Not borrow monies from Florida Municipal Loan Council and pay for projects as dollars become availabl~ from the Public Service Tax income set aside for capital projeet~. · / Depmrmaent Heac]'~ Sig[tature ! City Manager's Signature Department Nam~ Ct[t~ A~'~o~'rn~t~i~tance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM Ri3QUEST FORM.DOC , : PROGRAM OVERVIEW The Florida Municipal Loan Program is a program sponsored and administered by the Florida League of Cities, Inc. The program was established in response to numerous requests from small and medium size cities. The proceeds from this program can be used for a variety of purposes including; capita! improvements, renovations, additions, and refinancing of existing debt. The minimum loan size is only $1,000,000. The financing will be structured as an insured fixed rate issue and will have final terms up to 30 years. By achieving economies of scale, this program offers many advantages to the borrower. Your City will receive a higher credit rating on their bonds; longer amortization schedules; lower cost of issuance and carrying costs; and your rate will be fixed. The bottom line is your debt service payments will be lower than if you had issued the bonds on your own. The Florida League of Cities, as Administrator, handles all the administration, hiring of bond professionals, continuing disclosure, investment of proceeds, and arbitrage rebate calculations. The first issue, Revenue Bonds, Series 1999 successfully closed on April 28, 1999. The total issue was $67,190,000 and a True Interest Cost (TIC) of 4.86%. This represents the borrowing needs of seven different cities. Varying in size from $30 million to $1 million and having amortization schedules from 20 to 30 years. The cost of issuance, including municipal bond insurance ended up being less than 1.5% and there is no debt service reserve. The second tranche, Revenue Bonds, Series 1999B closed on November 17, 1999. The total issue was for $26,245,000 and a True Interest Cost (TIC) of 5.55%. There were six borrowers in this issue. The third tranche, Revenue Bonds, Series 2000A closed on May 3~, 2000. The total issue was $30,878,847 and a True Interest Cost (TIC) of 5.722%. There were five borrowers in this issue. The fourth tranche, Revenue Bonds, Series 2000B closed on November 30, 2000, The total issue was $42,845,183.75 and a True Interest Cost (TIC) of 5.5025. There were six borrowers in this issue. The Florida Municipal Loan Council has authorized and validated the issuance of up to $500 million in revenue bonds. The program is simple and convenient. Any local government may apply. There will be a very simple loan application and the documentation wilt be held to a minimum in an effor[ to make it as efficient as possible. There is a tax-exempt line of credit available, should you need to get started immediately. Once the bonds are issued~ the line of credit would be paid off. If you are interested in the Program, we can set up a meeting to discuss your individual projects and needs. Please contact the League office should yoU have any questions. FI.O~IG/'. r qJ'f!l~,lFf f. LOt' f.~ F, Requested City Commission Meeting Dates [] March 20, 2001 [] April3,2001 [] April 17,2001 [] May 1,2001 VII-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FOmvt Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18,2001 (5:00 p.m.) Requested City Commission Meetin~ Dates [] May 15, 200I [] June 5,200I [] June 19,2001 [] July3,2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 200I (5:00 p.m.) June 6, 200I (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the April 3, 2001 City Commission Agenda under Public Hearing Agenda. The Planning and Development Board ;vith a unanimous vote of 7-0 recommended that the subject request be approved, subject to staffcomments. For further details pertaining to this request see attached Department of Development Memorandum PZ 01-055. Please note that the new easement has been recorded and staffis currently reviewing the corresponding documents. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: BOYNTON COMMERCE CENTER John T. Doogan Nayrot Realty, Ltd. South of Woolbright/West Seaboard Raikoad Request for Abandonment of ali that portion of the 65 foot Ingress and Egress easement, lying between Parcel 3B and 3C, BOYNTON COMMERCE CENTER, according to the Plat thereof, as recorded in Plat Book 46, Page 126 and 127, in the Public Records of Palm Beach County. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~ N/A ~,,I~e~'t})r df' Develol~mXent D~ect~ of Pl~ing ~'Zo~g City Manager's Signature City Attorney / Finance / Human Resources \\C H~MAI2N~S HRDATA\Plannin g\S HARED/WP~p RO JEC T ~Agenda Item Request Boynton Commerce Center Abandonment 4-3-01.dot S:MBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT ORDER OF THE C!TY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center, PID APPLICANT'S AGENT: John T. Doogan of Avirem & Associates, Inc. APPLICANT'S ADDRESS: 50 SW 2nd Avenue Suite 102, Boca Raton, Fi 33432 DATE OF PUBLIC HEARING BEFORE CITY COMMISSION: 04/03/01 TYPE OF RELIEF SOUGHT: Abandonment of ingress, egress & utility easement LOCATION OF PROPERTY: Pamels 3-B and 3-C of Boynton Commerce Center, PID DRAWING(S): SEE EXHIBIT '% and B,' A']-I'ACHED HERETO. __THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach. Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant. administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning~SHARED\WP/PROJECTS\Boynton Commerce Center ABAN 2001 \Development Order. doc EXHIBIT "C" Conditions of A'oprova] Project name: Boynton Commerce Center - File number: ABAN 01-00I Reference: Aplolication to Abandonment with an February 5, 2001 Plannin~ and Zonin~ Department stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X uTILITIES Comments: NONE X FIRE Comments: NONE X POLICE comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE [ X PARKS AND RECREATION Comments: NONE [ FORE~TERFEN ViRONMENTALiST X Comments: NONE X PLANNING AND zONrlNG 1- New ingress-e~ess & utility easement to be recorded prior to final approval. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: NONE X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. MWPdva~ TO: THRU: FROM: DEVELOPMENT DEPARTMENT MEMORANqDUM NO. PZ 01-055 Chairman and Members Planning and Development Board Michael W. Rum~?~ Planning and Zoning Director Jose R. Alfaro Planner DATE: SUBJECT: March 23, 2001 Boynton Commerce Center ABAN 01-001 NATURE OF REQUEST John T. Doogan of Avirom & Associates, Inc., acting as agent for Nayrot Realty, Ltd., a Florida Limited Partnership, has filed this application to abandon a 65-foot ingress, egress & utility easement lying between parcels 3B and 3C, Boynton Commerce Center, according to the plat thereof, as recorded in Plat Book 46, Page 126, Public Records of Palm Beach County, Florida. The attached Exhibit "A" shows the location of the applicant's property, and includes a diagram of the specific easement to be abandoned. BACKGROUND Previous amendments and approvals to the Boynton Commerce Center PID Master Plan and site plans have made necessary the realignment of ingress and egress easements within the PID. The applicant is looking forward to the future development of parcel 3-B, and in preparation, the · applicant is in need to realign the subject ingress-egress easement. Hence the need for this abandonment request. It should be noted that the applicant is proposing a new 65-foot ingress-egress easement relocated in the same area, between parcels 3-B and 3-C, to replace the easement to be abandoned (see Exhibit "B" - proposed easement). ANALYSIS The City departments involved in the review of all requests for abandonment, and the utility companies notified of the request are identified below. Public notice was given to the property owners that abut the easement and it has been advertised in the newspaper. The responses bythe utility companies and city departments are as follows: CITY DEPARTMENTS Engineering Utilities Planning and Zoning No objection. No objection. No objection. Page, 2 Memorandum No. PZ 01-055 ABAN 01-001 PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection. No objection. No objection. No objection. No objection. The following is a description of the zoning districts and land uses of the properties that surround the subject request (see Exhibit "A" - Location Map). North Parcel 3-B of Boynton Commerce Center, PID, vacant, zoned PID, Planned Industrial Development, and farther north Lowe's, a retail use zoned C-3; South Parcel 3-C of Boynton Commerce Center, PID, industrial uses, zoned PID; East Seaboard Airline Railroad right-of-way and farther east 1-95 right-of- way; West Parcel 3-H of Boynton Commerce Center, PID, used for parking and zoned PID, and farther west LWDD E-4 canal right-of-way. RECOMMENDATION Staff realizes that the current encroachment of the subject ingress-egress easement is a deficient Situatiota that warrants the necessary corrective action. Staff feels that this abandonment request and its propgsed relocation will accomplish that goal and, at the same time, will facilitate the acceptable use andidevelopment of the vacant parcel 3-B. For these reasons, staff recommends that the subject abandonment request be approved subject to the recording of the new (relocated) ingress-egress and utility e~sement. Said condition and any other conditions of approval recommended by the Planning and Development Board or required by the City Commission will be placed in Exhibit "C" - Conditi6ns of Approval. xc: Ceritral File LOCATION MAP .~ BOYNTON COMMERCE CENTER P.I.D. EXHIBIT "A" l::lU 1:::3 REC PM SKETCH &: DESCRIP~ON ~ :!L~:~':.. .' · INGRESS & EGRESS EASEMENT , p,EX, H_IBIT-A" BOYNTON COMMERCE CENTER Topose(zbasemen! PLAT BOOK 46, PO. 126 & 127 PARCEL / / 5D N02'21 '~2 "£ NO2 "21 '32 "£ 31.63' % -56.54' CORPORAT~ DRIP' WEST LINE Of' /k =89'06 PARCEL 5C 00' /~--28.~0' $¢ALE~ 1"=700' S88'~2'20"E AVIROM &ASSOCIATES, INC. SURVEYING & MAPPING 50 E.W. 2ND AVENUE. SUITE 102 EOCA RATON, FLORIDA 33432 PARCEL ~= 71 '27'28" 9' L =24. 94' REVISED: 01/31/01 JOB # 4109-27C DATE: 01/09/01 SHEE' EXHIBIT /-' EXHIBIT "A" "' SKETCH DESCRIPTION INGRESS & EGRESS ABANDONMENT' Easement to .be BOYNTON COMMERCE CENTER PLAT BOOK 46, PG. 126 8,:: 127 abandoned PARCEL ZB ,_.__ 65' INGRESS, EGRESS ~ UTILITY EASEMENT SCALE: 1"=200' PARCEL 3C.~, JO' INGRESS, EGRESS ~ & UTILITY EASEMENT LAND DESCRIPTION: PARCEL .3D ~ --- ~ Ail that portion of the 65' Ingress & Egress Easement, lying between Parcel 3B & 3C, BOYNTON COMMERCE CENTER, according to the Plot thereof, es recorded in Plot Book 46, Pages 126 and 127, in the Public Records of Palm Beach County, Florida, NOTES: 1. Reproductions of this Sketch ere not valid without the signoture end the originol reised seel of o Florido licensed surveyor cna mopper. 2. No Titte Opinion or Abstroct to the subject property hes been provided. It is possible thor there ere Deeds, Eosements, or other instruments (recorded or unrecorded) which racy offect the subject property. No seorch of the Pubtic Records hos been mede by the Surveyor. $. The land description shown hereon wes prepored by the Surveyor. 4. Deto shown hereon wes compiled from instrument(s) of record and does not constitute boundary survey. 5. Abbreviation Legend: CE = Centertine; O.R.B. = Official Records Book; P,B. = Plot Book; P.B,C.R. = Pelto Beech County Records. CERT1FlCA' ON: I HEREBY CERTIFY thet the ottoched Sketch Grid Description of the hereon described property is true ond correct to the best of my knowledge end belief os prepored under my direction on Jonuery 09, 2001. I FURTHER CERTIFY thor this Sketch ond Description 'meets the Minimum Technicel Stondords set forth in Chopter 61G17~6, Ftoride Admir~strotive Code, pursuont to Section 472.027, Floride Statutes. ,/ MICHAEL D. AVIROM, P.LS. Florida RegistroUon NO, 5268 AVIROM & ASSOCIATES, INC. LB. No. 5300 AVlROM~ASSOOIATES, lNG. dOB ¢~109--27B SURVEYING ~ MAPPING DA~: 01/09/0l BOCA RATON. FLORIDA 33432 TEL. (~61) G92-2~4. FAX (~61) 394-712~ SHEET 1 OF~ · OOLBRIDHT ROAD Requested City Commission Meetinff Dates [] March 20, 2001 [] April 3,200l [] April 17,2001 ] May 1,2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) Ap~/l I8,2001 (5:00 p.m.) Requested City Commis*ion Meefine Dates [] May 5, 2001 [] June 5, 2001 [] June 19,2001 [] July 3, 200I VII-PUBLIC HEARING ITEM B Date Final Form Must be Turned in to City Clerk's Office May 2, 200I (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative · [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Bnsiness [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the April 3, 2001 City Coxxm,ission Agenda under PubLic Hearing. In response to dkective from the City Commission, Staffproposes that the Development Order/Conditions of Approval be amended as described herein, and by the attached revised conditions of approval. EXPLANATION: PROJECT NAME: OWNER: LOCATION: DESCRIPTION: rl'l:l~ GRAND (a.k.a. OZONE/ORBIT) Cai Brockdoff Gulf Stream Mall, 3637 S. Federal Highway Request to amend the Conditions of Approval for The Grand (a.k.a. OZONE/ORBIT) as approved at the City Cotxm,;ssion meeting of October 17, 2000 by omitting Condition No. 18 which established the minimum number of police officers to be used for event security during the first 6 months. Condition No. 19 is proposed to be amended to establish minimum security forces for individual events to be used when a consensus cannot be reached between the city and business operator. PROGRAM IMPACT: N/A FISCAL 134[PACT: N/A ALTERNATIVES: N/A Plann~$g ~ Zo/(ln~ Director De~fo~en~artmehr Director ~Signamre City Attorney / Finance / Human Resources J:BHRDATALPlanning~SHARED\WP~PROJECTS\The Grand aka OzoneLAgenda Item Request 4-3-91.dot S:~BULLETINLrORMSLAGENDA ITEM REQUEST FORM.DOC AMENDED DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: THE GRAND (A.K.A OZONE/ORBIT) APPLICANT'S AGENT: Cai Brockdorff APPLICANT'S ADDRESS: 5520 Pennington Avenue Baltimore, MD 21226 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 3, 2001 TYPE OF RELIEF SOUGHT: Conditional Use - Amended Development Order - Conditions of Approval LOCATION OF PROPERTY: 3637 S. Federal H ghway, Boynton Beach. Florida 33435 DRAWING(S): N/A THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearin~ stated above. The City Commission having considered'the relief sought by the applicant and heart testimony from the applicant, members of city adm n strativ~. staff and the oublic finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS ... HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. .. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk EXHIBIT "C" Conditions of APprOVal AMENDED Project name: The Grand (a.k.a. OZONE/ORBIT) File number: COUS 00-005 Ist r ' Reference: ewew plans identified as Conditional Use Site Plan. File # COUS 00-005 with a September 14, 2000 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: I. The Utility Department has no objection to the proposed change of use in the X Gulfstream Plaza (Fontana Plaza Ltd.) for the above noted project. Utility services are available to the tenant change. If the water meter is separate for this tenant unit, a capacity reservation fee will be required, based upon final meter size, or expected demand. FIRE Comments: 2. Please provide detailed description of use to include interior changes to X accommodate the new use. 3. If the possibility of increasing the occupant load is desired, describe how this X increase could be approved. POLICE Comments: 4. A review of the interior layout (i.e., exits, storage rooms, etc.) will occur at X permit stage. 5. Show valet parking area and signage. X ENGINEERING DMSION Comments: 6. Valet parldng requires an application for an occupational hcense processed X through the Department of Development. Include a sketch with your application to show the drop-off and pick-up area(s) not being located in the Page 2 of 3 The Grand (a.k.a. OZONE1 00-005 DEPARTMENTS INCLUDE REJECT existing fire lane. BUILDING DIVISION Camments: 7. At time of permit review, submit a currant survey of the subject site. X 8. At time of permit review, submit signed and seaied working drawings of the X proposed construction. 9. At time of permit review, specify (in tabular form) on the site plan and/or X floor plan the proposed use of the facility, type of construction and occupancy classification proposed for the tenant space. The tenant building area, occupancy classification and type of construction shall comply with the specifications identified in the 1997 edition of the Standard Building Code, including the City of Boynton Beach amendmants to the Standard Building Code. Working drawings of the building shall comply with the codes specified in Chapter 20 of the 1 .~nd Developmant Regulations. 10. Compliance with the Building Codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, Fire and Life Safety fees, Count-/fees and State fees will be detcmntned at time of permit review. 1 I. Permits are required to construct the improvements that are proposed for the X tenant space. Permit application forms are available in the Building Division of the Development department. A permit submitted checklist is available in the Building Division. The hst idantifies the basic documents that the Plan Review Analyst/Permit Application Technician checks for when an applicant submits for permit review. PARKS AND RECREATION Comments: NONE X FORESTER~ENVIKONMENTALIST Commants: NONE X PLANNING AND ZONING Comments: 12. Building fagade (front and west side walls) must be painted in colors X compatible with the estabhshed color scheme for the shopping canter. Provide proposed color chips for staffreview prior to project completion. (Ch.9 Sec. 11) Page 3 of 3 The Grand (a.k.a. OZONE) COUS 00-005 DEPARTMENTS INCLUDE REJECT 13. Tenant wall sign must be in conformance w/th Chapter 21 - Signs and be X consistent with site signage for the shopping center. A separate sign permit is required for the wall sign. 14. All 440 parking spaces in the shopping center should be properly striped. X Restripe the remainin~ 59 spaces. (Ch. 23, Art. II. L.) ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 15. The building shall be designed with soundproofing measures including, at a X m/nimum, the addition ora double set of doors at each entrance to the establishment. The doors shall be kept closed at all times to ensure that sounds are buffered as patrons ingress and egress. Any "Bouncers" located at the entryways shall ensure that doors are not held open by waiting patrons or while checking identification. 16. On-site uniformed security to patrol the parking areas and perimeter of the X Site shall be provided at the at the owner's expense during all hours of operation. Wherever possible, uniformed off-duty detail Boynton officers will be used. 17. The approval is limited to the footprint of the current 23,000 square foot lease X gpace. Any expansion in area or into other bays to enlarge the nightclub, will require a new conditional use request and approval. Expansions to provide for service of food only are excluded fi:om this condition. ADDITIONAL CITY COMMISSION CONDITIONS 18. For 6-months following issuance of C.O., a minimum of six (6) uniformed, X off-duty police officers will be hired for on-site security for all scheduled shows and performances. 19. Following the first six (6) months of operation the operator shall meet no less X than monthly with Policy Department representatives to consult with the Police Department to determine and maintain adequate levels of security for all shows and performances. AMENDED CONDITIONS 20. Omit condition No. 18. X 21. Amend Condition No. 19 to read as follows, "The operator shall meet no less X than monthly with Pohce Department representatives to determine minimum security needs for all shows or performances. When an agreement cannot be reached between Police Department representatives and business operators, then subject activity will require a minimum of six (6) uniformed off-duty police officers for on-site security. MWIUpatJ:~SHRDATA~Planning~S HAR~D\WP~PRO JECTS\The Grand aka Ozone\CC 4-3-01 Amended Conditions of Approval.doc Requ~-ted C~ Commission Meeting Dates [] March 20, 2001 [] ~3,2001 [] April 17, 2001 [] May 1,2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Mar~h 7,200 t (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4; 2001 (5:00 p.m.) April 18,2001 (5:00 p. ra.) Requested City Commission Meeting Dates [] May 5, 2001 [] June 5, 2001 [] June 19,2001 [] July 3, 2001 ¥II-PUBLIC HEARING ITEM C Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) Jane 6, 2001 (5:00 p.m.) Juno 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Hans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMM]~NDATION: Motion to adopt an Emergency Water Conservation Rate for all water customers of the City of Boynton Beach Utilities EXPLANATION: South Flodda and the City of Boynton Beach continue to be in a severe drought. The South Florida Water Management District (SFWMD) has imposed watering restrictions (expected to be Phase III as of March 28, 2001), however, the compliance rate in the City of Boynton Beach is not nearly what it should be. The SFWMD is looking for a reduction in usage of 30%. Over the course of the last two months, we have seen an average reduction in water usage of less that 10%. We believe the Iow compliance rate is due to the fact that the water reductions imposed by SFWMD are voluntary, rather than required. Staff is recommending the imposition of a temporary emergency water conservation rate that would be imposed on residential water users who use excessive amounts of water dudng the time that the declared emergency is in place. The emergency water conservation rate would put a substantial monetary penalty on residential users who continue to use excessive amounts of water. We believe with a monetary penalty, we will get much better compliance from those residential customers that are excessive users of water. Normal residential water usage (below 25,000 gallons per month per dwelling unit) would not be impacted by this proposed rate. The only impact in increased rates would be for those users who continue to use large amounts of water each month. S:XBULLETINWORMS~AGENDA ITEM I~EQUEST FORM.DOC CITy OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM lMPACT: A typical family of four will use anywhere from 8,000 to 12,000 gallons of water per month inside their home. This is enough water to take showers, do the laundry, wash the dishes and water the lawn once or twice per week. In our Emergency Water Conservation Rate, we are setting a minimum threshold of 25,000 gallons per month (more than double the typical monthly usage). Our Emergency Water Conservation Rate will impose a special charge on those residential users who have usage above 25,000 gallons per month. We believe that by imposing a monetary penalty on the high users, we will get a significant reduction in excessive water usage. FISCAL IMPACT: We propose having a four-tiered rate under the Emergency Water Conservation Rate plan. When the SFWMD imposes Phase I restrictions, all residential water rates above 25,000 gallons per month will be increased by 25%. When the restrictions go to Phase II, all residential water rates above 25,000 gallons per month will be increased by 50%. When the restrictions go to Phase III, all residential rates above 25,000 gallons per month will be increased 75%, and when the restrictions go to Phase IV, all residential rates above 25,000 gallons per month will be increased 100%. On the other hand, once the SFWMD restrictions are reduced or eliminated, the rates will be reduced or eliminated accordingly. ALTERNATIVES: Not to impose an Emergency Water Conservation Rate and tc continue to rely on our citizen customers' efforts to meet the obligations of the SFWMD water-use restrictions on a voluntary basis. ~-~ d~Departme~lt Hea~ Signature Utilities Department Department Name City Manager's Signature City Attorney / Finance / Human Resources o~_o_~ rn m ,,, m m .~ m ~ ~ ::o 0 0 O>O-TU ._, ._, -~o~E z z z z z rtl ITl I'13 ITl -~ ~ -~ m (3 ~ ~ Z m m I11 ('3 131 Ill 131 ~ Ili TO: CC: FROM: RE: DATE: MEMORANDUM Mayor and City Commissioners Kurt Bressner, City Manager James A. Cherof, City Attorney Motions to Reconsider March 2, 2001 V~'IZ-FUTURE AGENDA ITEHS ITEM ~ I am suggesting revisions, as shown below, to the following section of the Land Development Regulation to clarify the reconsideration process as it relates to quasi- judicial matters. The Commission might wish to consider a broader reconsideration rule to cover all matters disposed of by motion in light of the current restrictions imposed by Resolution R95-50, which (in section lA) restricts a Commissioner's right to bring matters back which have been considered and not approved. Sec. 2-20. Quasi-judicial proceedings before city commission or city boar& procedure for reconsideration of decision. (a) For the purpose of this section the term "quasi-judicial proceeding" shah mean hearings before the Citv Commission or Planning and Development Board ;~ '"hlc~ an ~-~z; ..... ; ....... ;.~.~ ~,;~ ~f ~_..; .... ., ~.~ ~ .......... ; ........ : .... ~ ..... cxamlnc :;'i~czccz a::d ic and limited to the following spec~c ~pes of proceedings: (1) Variances; (2) Rezonings; (3) Appeals from administrative decisions of the building official or the planning director; (4) Master plan approvals; (5) Site plan approvals; (6) Modifications of site plans. Mayor and City Commission March 2, 2001 Page 2 (e)~. The C_oity C_eommission may reconsider its decision arising.from a quasi-judicial proceeding only upon a motion to reconsider made at the meeting at which the deciston was rendered or upon written request of the mayor, the vice-mayor, or any single commisstoner filed with the Ceity Celerk~ provided such written request is made no later than 12:00 noon on the third day following the Commission's decision of the quasi-judicial proceeding. No quasi-judicial decision shall be considered final until the expiration of the three (3) day time period without a motion to reconsider being made and the entry of a written order approved by the City Attorney and signed by the City Clerk. In the event a request for reconsideration is made pursuant to this subsection the applicant or affected parry shall be notified in writing and such notice shall be hand delivered, sent by facsimile, or overnight delivery servtce. When a motion for reconsideration is made and approved at the Commission meeting at which the decision was rendered, the Commission may immediately reconsider the matter before them or, the Commission may reconsider the matter at a later time certain which shah be announced, at the meeting, to the applicant and the public. No additional notice of the matter shaH be necessary. When a motion for reconsideration is made following the close of the Commtssion meeting at which the decision is made, onlv the motion to reconsider shall be heard at the next regular City Commission meeting. If the motion to reconsider is adopted by the Commission, the matter which is the sub/ect of the motion ro reconsider shah be placed on the next regular City Commission meetin~ attenda. The agenda item shah be noticed in the same manner as the notice provided when the item was originallv considered. (d) Any board may reconsider its decision arising from a quasi- judicial proceeding only upon a motion to reconsider at the meeting at which the decision was rendered. (e) Reserved. To the extent of any conflict between the procedures set forth herein and Robert's Rules of Procedure, the procedure set forth herein shah prevail. (Ord. No. 93-20, ~:~ 1--6, 8-3-93; Ord. No. 94-02, ~ 1--3, 2-1-94; Ord. No. 97- 32, 3~ 1, 8-5-97) RESOLUTION NO. R95~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING SPECIFIC PROCEDURAL RULES TO ADDRESS RECUI~RING ISSUES; AND PROVIDING AN EFFECTIVE DATE. ~A~, the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of the citizens and residents of the City to adopt specific procedural rules to address recurring issues. NOW, THEP. EFORE, B~ IT RESOL%'~D BY T~ CITY COMMISBION OF TH~ CITY OF BO~'~ON BEACH, FLORIDA, THAT= ~ The City Commission of the City of Boynton Beach, Florida does hereby adopt the following procedural rules to address recurring issues: A. The chair shall make rulings on parliamentary procedure. In order to overrule the chair, on issues of parliamentary procedure, a 3/5 vote of the Commission shall be required. Motions to change the order of business shall require a majority vote of the Commission. Items under "Old Business' shall be items previously tabled or awaiting Commission action. A City Commissioner may not reintroduce any ite~ on which a vote was taken end which failed within the six month period following that vote, unless either an emergency exists and the public business re~uires its reconsideration, or a City Commissioner who was on the prevailing side of the prior City Commission vote, or by reason of absence, did not vote, introduces the discussion item for reconsideration. Motions to reconsider the vote on any quasi- judicial decision of the City Commission shall be made by the ~ayor or a Commissioner no later than 12:00 noon on the third day following the Commission,s decision. No quasi-judicial decision shall be considered final until the expiration of the three day time period without a motion to reconsider being made and the entry of a~written order approved by the City Attorney and signed by the City Clerk. Motions to reconsider made following the adjournment of any Con~nission meeting and prior to the expiration of the three day time period specified herein shall be in writing and filed with the City Clerk. B. T~S rule shall supersede Robert's Rules Of Order on any subjects specifically addressed herein. On any matters not specifically addressed by this section, Robert's Rules of Order shall prevail. ~ That this Resolution shall become effective immediately upon passage. ADOPTED this . A'F£'SST: Clerk (Corporate Seal) day of ADril, 1995, CITY OF BoYNTON BEACH, FLORIDA ~ayor Pro ~em d ~Commis er / ~6~ssioner Requested City Commission Meetine Dates [] March20. 2001 [] April 3, 2001 [] April 17.2001 [] May 1,2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cttv Clerk's Office March 7. 2001 (5:00 p.m.) March21,2001 (5:00 p.m.) April 4, 200I (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meetine Dates [] May 5. 2001 [] June 5, 2001 [] June 19.2001 [] July 3, 2001 XI-LEGAL ITEM A. 1 ~rrv ~r ~O'f~TnN ~EAgI't Da~ Final Fo~ Must be Turned May 2, 2~1 (5:00 p.m.) May 16, 2001 (5:00 p;m.) June 6, 2001 (5:00 p.m.) June 20, 200I (5:00 p.m.) NATURE OF AGENDAITEM [] Adminislxative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Aunounc~ment [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the April 3.2001 City Commission Agenda under Legal - Ordinances Second Reading. The Planning and Development Board with a unanimous vote of 7-0 recommended that the subject request be approved, subject to staff commants. Tiffs item was approved on First Reading on March 6, 2001, and at the Public Hearing conducted on March 20, 2001. Two advertised Public Hearings must be held in conformance with state requirements for a zoning use change. Staffcontinues to recommend that this amendment to zoning regulations be approved. For further details pertaining to this request see Department of Development Memorandum No.PZ-01-028. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: PHOTOGRAPHY STUDIOS IN C-1 ZONING DISTRICT Frank Donnino N/A 3452 W. Boyntun Beach Blvd. Request m allow photography studios as permitted uses in the C-1 zoning PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ' Plannin - Z~a~Td$ Director Deee'fo~ment ~Departm~Director Signature City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 01-/~' AN ORDINANCE OF THE C1TY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 2. SECTZON 6 A. 1. TO ALLOW PHOTOGRAPHY STUDIO SERVICES AS A PERMITTED USE IN THE C-1, OFFICE AND PROFESSIONAL COMMERCIAL ZONING DISTRICT; PROVIDING FORCONFLICTS, SEVERABILiTY, CODIFICATION AND AN EFFECTIVE DATE, WHEREAS, the City Zoning Code attempts to identify specific uses of commercial activity and fit compatible uses into established zoning districts consistent with the City's Comprehensive Plan; and WHEREAS, the City's Land Development Regulations Chapter 2, Section 6 limits the C-1 zoning district to offices and professional uses; however the Jrrent list does not include photography studios; and WHEREAS, the City has determined that photography studios' would be with the intent of the C-1 zoning distdct and compatible with other uses ! permitted within the district; and NOW THEREFORE, BE iT ORDATNED BY THE CITY COMM'rSSI*ON OF OF BOYNTON BEACH, THAT: Section 1. That Chapter 2. Section 6 A.1. is hereby amended by creating a subsection '~.'; as follows: 1. Uses permitted. v. Photooraohv studio services excludina retail sales of ohotoQraohv and oicture accessories and develooina/finishing 'of customer film. Section 2. Each and every other provision of Chapter 2, Sections 6.A.1. of Land Development Regulations, not herein specifically amended shall remain in II force and effect as previously enacted. Section 3, All ordinances or parts of ordinances in conflict herewith be and same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent urisdiction to be invalid, such decision shall not affect the remainder of this )rdinance. Section 5. Authority is hereby granted to codify said ordinance. Section 6. This ordinance shall become effective immediately upon passage. FZRST READZNG this ~ day of /~,~,~/Y , 2001. SECOND, FINAL READING AND PASSAGE this day of ~ ,2001. CTI'Y OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk CORPORATE SEAL) DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: PHOTOGRAPHY STUDIOS TO BE PERMI'I-rED IN C-1 APPLICANT'S AGENT: Frank Donnino APPLICANT'S ADDRESS: 7944 La Rose Court Lake Worth, FI 33467 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: Marc5 20, 2001 TYPE OF RELIEF SOUGHT: Code Review- to allow photography studios in C-1 district LOCATION OF PROPERTY: 3452 W. Boynton Beach BIvd. City of Boynton Beach x THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above.. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant x HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby x GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk EXI-IIB IT "C" Conditions of Aooroval Project name: Photography Studios in C-1 Zoning District File number: CDRV 01-001 Reference: File # CDRV 01-001 with a February 5, 2001 Plannim: & Zoning. PUBLIC WOR~S Comments: NONE UTILITIES Comments: NONE Comments: NONE POLICE Comments: NONE ENGINEEKING DMSION Comments: NO*CE BUILDING DMSION Co=ents: NONE PARKS AND RECREATION Commenm: NONE FORESTER/ENVIRONMENTALiST Comments: NONE 1. No retail sales of photo~raphy or picture ctcees$oriex and no finishing/developing. ADDITION,aL PLA.N'NING A24D DEVELOPMENT BOARD Commerits: NONE Requested City Commission Meetin~ Date_s [] March 20, 2001 [] April 3, 2001 [] April 17,2001 [] Mayl,2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21,200I (5:00 p.rcO April 4, 2001 (5:O0 p.m.) April 18, 200I (5:00 p.m.) Requested City Commission Meefine Dates [] May 15, 200l [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Xl. LEGAL D. 1 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p~m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Admlni~tmtive [] Development Plans [] Consent Agenda [] New Bnsiness [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the Settlement from PointeBank in the amount of $8,213.58, in full settlement of two Code Enforcement Liens which were the subject of a lawsuit between Union Planters Bank vs. Alberta Bell and the City of Boynton Beach. EXPLANATION: In January 1999, a foreclosure action was coumxenced by Union Planter's Bank against Alberta Bell and the City of Boynton Beach. The City was named as a party because of the two outstanding Code Enfocement Liens on the property. The property was brought into compliance on January 21, 1998. The total mount due and ovfing to the City on the two liens is $16,427.36. Attached to this Request Form is a copy of a letter from PointeBank, which is self explanatory. PROGRAM IMPACT: The Two outstanding liens would be released. FISCAL IMPACT: City would receive the sum of $8~213.58 in full settlement of two outstanding liens in the amount of $16,427.36. ALTERNATIVES: Do not accept the offer of settlement and proceed as a party to the litigatiom ~/- Depam~fi~ad's Signature City Manager's Signature Department Name City Attomey/ Finance / Human Resources SSBULLET1N'xFORMS~AGENDA ITEM REQUEST FORM.DOC Mnmb 21, 2001 F~TRANS~ (561) 742-6O54 Jam=s Ch=o~ Esq. I00 East Boymon B~ach Blvd. Boynton Beach, Florida 33425 Re: Cnd~ Enforcement Lien O~tavia Bell Amount of Lien: $ i 6,427.36 Dcar Mr. Cheroff: Octavia Bell has applicd for a loan with our bank on thc pwpcrty localM at 1213 NW 4a St~'t, Boynton Beach, Florida 33435. Our rifle search has revealed a code enforcement lien due and owing ir. the currcnt amount of $16,427.36. Ms. Bell would likc to offer ~(P/, of that amount or the sa n of $~,213.45 in full and final settlement of this o~'tand~ng lien. Please present this matter at fl~e April 3, 2001 City Con~.ission Mee~, in an effort in aain approval for f~ll settlement of this matter. Should you have any questions, please do not hesiiate to ~ on,act me. VP/Compliance/Legni Coordinator ~:: ~ Lyd~_~ L~.~L~IOI TO: FROM: RE: Kurt Bressner, City Manager Rose Marie Lamanna, Legal Assistant0'~ ~ Union Planters Bank vs. Alberta Bell, et al (Mortgage Foreclosure) In January, 1999, Union Planters Bank brought a foreclosure action against Alberta Bell, City of Boynton Beach and Unknown Parties in Possession, on land owned by Alberta Bell. The City had two Code ~nforcement Liem on the property at the time of the commencement of the action. The property was brought into Compliance on January 21, 1998. The total mount due and owing to'the City under those liens is $16,427.36. I received a call from Kathleen Pratt with Union Planters Bank this morning. They are offering to pay one-half of the amount due and owing to the City in exchange for a release of the two Code Enforcement Liens. Mr. Cherof said this matter wOuld require Commission approval. I so advised Ms. Pratt and requested that she put the offer in writing and forward that request to us for consideration by the City Commission at the April 3, 2001 meeting. Requested Cit~ Cormuission Meeting Dates [] March20,2001 [] ^p~l 3, 2OOl Apffi 17,2001 [] May 1,2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18,2001 (5:00 p.m.) Requested City Commission Meefine Dates [] May 15, 200I [] June 5, 2001 [] June 19,2001 [] July 3, 2001 XI-LEGAL ITEM D.2 Date Final Form Must be Turned in to Citw Clerk's Office May 2; 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report KerrF Feihl v. CiO, of Bovnton Beach CLAIMANT COUNSEL: Alex Daskal, Esquire, Goldman, Daszkal, Cutler, Bolton & Kirby DEFENSE COUNSEL: None RECOMMENDATION: Approve the negotiated settlement w/di the cla/mant in the mount of $10,000. EXPLANATION: On April 13, 2000, the plaintitT was a passenger in a vehicle travelling northbound on SE 4th St. A City vehicle was backing eastbound into the intersection on SE 10t~ Ave. The City vehicle backed into the plaintiff's vehicle. The plaintiff suffered cervical slSrain/strain, lumbosacral sprain/sttain, and bilateral TMJ. Plaintiff's medical expenses of $22,728.40. Plaintiff's initial demand was $100,000. Settlement was agleed during negotiations, contingent upon City Commission approval. PROGRAM IMI~ACT: Settlement of this nature is part of the ongoing responsibilities of the Risk Management Department. FISCAL IMPACT: Settlement will be charged to the Risk Management Deparlment budget expenses. ALTERNATIVES: Failure to approved negotiated settlement will result in claim being litigated. Value of this case at trial is cst/mated at $40- 50,000. Additional d~'ense-trialcosts are estimated at $15,000.~~~ ~/~'~' I~a~ne~o~r~"d~s~gnature ' ~'-City Manager's Signature RISK MANAGEMENT Department Name City Att~n;~,'/'F/n~nce / Hun3~ ~sources Cj m/Claimaut/FeihlK02 .dot S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: FROM: Wilfred Hawkins Assistant City Manager - Sexvices Charles I. Magazine (~/ Risk Manager DATE: March 22, 2001 SUBJECT: Terry Feihl v. City of Boynton Beach Date of Loss: April 13, 2000 Risk Management recommends the City Commission ratify the: in the above stated manner. X Settlement_ Judgement RESERVES: Indemnity: $ 10.000 Expenses: $ 15,000 Demand: Original: $100,000 Final: $ 15,000 Offer: Original: $ 4.000 Final: $ 10 000 x SETTLEMENT: $ 10,000 NOTE: This settlement is the compr~mise of a claim f~r damages. Payment by the City is not t~ be c~nstrued~ in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. I Current Adjustment Fees: $ 1,000 IF NOT SETTLED Projected Legal Fees: $ 15,000 Current Legal Fees: Projected Jury Verdict: $ 40~50,000 JUDGEMENT: $ CurrentAdjustment Fees: $ Current Legal Fees: $ CASE NARRATIVE: On April 13, 2000, the plaintiffwas a passenger in a vehicle travelling northbound on SE 44 St. A City vehicle was backing eastbound into the intersection on SE 104 Ave. The City vehicle backed into the plaintiff's vehicle. The plaintiffsuffered cervical sprain/strain, lumbosacral sprain/strain, and bilateral TMJ. Plaintiff's medical expenses of $22,728.40. Plaintiff's initial demand wasiation was $100,000. Settlement was agreed during negotiations, contingent upon City Commission approval. C. allagher B~sett Services, inc. FAX: (S61 MEMO TO: Charles J. Magazine t Risk Manager/City of Boynten Beach FROM: Gene Menffod SUBJECT: Kerry Feihl v. City of Boynton Beach / 001470-000003-AB-02 DATE: February 26, 200t This will serve as our update to you regarding our recent settlement negotiations with Afty_ Daskars office. As we discussed the attorney has now unpaid liens from Dr. William Bryant for $3620.00, and a second from Dr, Herman for $8,000.00. The total medic, als this claimant incurred came to $22,728.40. As we previously indicated, in our prior reports to you, we have evaluated the settlement value range from $13,000.00-$18,000.00. After much negotiations we have been able to gat Afty. Daskal's office down to a very reasonable demand el~ $10,000_00_ As you will recall the bottom was $15,000.00 when we spoke with you this morning. Leon R,',dd the paralegal called back this afternoon and told me if we could get back with them this afternoon they would try and plead with the MD's to lower their liens to get this settled now. I told Mr. Rudd that this case still needed to go to the City Council for approval, but that might be able to get a tentative approval from your office, if this amount was agreeable with you, and then to the Commission for a final approval. My recommendation is to settle ~he claim now, and avoid the possibility he wilt turn this ever to a trial attorney. Please call me ASAP on your response.