The URL can be used to link to this page

Agenda 08-05-03The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA AUGUST 5, 2003 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOHE Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLTC PARTZC]:PATZON AT CZTY OF BOYNTON BEACH COt. IH]:SSZON HEETZNGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order ot business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda :Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda :[tem$: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Yore: 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. SPEAKING AT COMM:[SS]:ON MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on 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 ]:terns: 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. ADDRESS:lNG THE COMM]:SS]:ON: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, :~00 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of eve month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BO YNTON HEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. August 5, 2003 I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation/Moment of Silent Reflection C. Pledge of Allegiance to the Flag led by Mayor Broening D. '[F YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE Z'I' TO THE CITY CLERK (ON THE DA~'S) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COt4PLETED · COME TO THE PODIUM WHEN THE I~IAYOR CALLS YOUR NAI~tE IND1'VIDUALS MAY SPEAK FOR THREE UNINTERRUPTED f4INUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II, OTHER: A. Informational Items by Members of the City Commission III, ANNOUNCEMENTS~ COMMUNTrY & SPECIAL EVENTS~ & PRESENTATIONS: A. Announcements: B. Community and Special Events: C. Presentations: 1, Proclamations: None Agenda Regular City Commission Meeting Boynton Beach, Florida August 5, 2003 1¥. ADM]~N~[STRA'I'~VE: A. Accept resignation of ]os~ Aquila, Regular Member of the Community Redevelopment Agency B. Appointments to be made: Length of Term Appointment To Be Made Board Expiration Date Mayor Broening Advisory Bd on Children & Youth Alt 1 yr term to 4/04 Tabled (2) ! Weiland Advisory Bd on Children & Youth Stu/NonVoting 1 yr term to 4/04 Tabled (2) II McCray Advisory Bd on Children & Youth Reg 2 yr term to 4/04 Tabled (2) IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/04 Tabled (3) IV McKoy Cemetery Board Alt 1 yr term to 4/04 Tabled (3) ]:I McCray Community Redevelopment Agency Reg 4 yr term to 6/20/04 IV McKoy Community Relations Board Alt i yr term to 4/04 Tabled (2) IV McKoy Education Advisory Board Alt i yr term to 4/04 Tabled (2) Mayor Broening Education Advisory Board Stu 1 yr term to 4/04 Tabled (2) I Weiland Library Board Alt i yr term to 4/04 IV McKoy Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) Mayor Broening Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) I Weiland Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: :L. Agenda Preview Conference of .luly 14, 2003 2. Budget Workshop of .luly 15, 2003 3. Regular City Commission Meeting of .luly 15, 2003 4. Special City Commission Meeting of .luly 16, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget 2 Agenda Regular City Commission Meeting Boynton Beach, Florida August 5, 2003 1. Award "CO-OP BULK QUICKLIME," Bid #064-2821-03/3A, to CHEMICAL LIME COMPANY, INC. with an estimated annual expenditure of $129,316 for the City of Boynton Beach Utilities Department as part of the cooperative bid in the total amount of $1,694,862.96 (seven additional entities participating) 2. Award the "PURCHASE OF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS," Bid #066-1412-03/.1A, to various vendors on a "lot to lot" basis with an estimated annual expenditure of $20,000 3. Approve the "piggy-back" of LEE COUNTY, FLORIDA, PROJECT #Q- 020438 for "HYDROGEN PEROXIDE SOLUTION SERVICES FOR THE CONTROL OF SULFIDES IN WASTEWATER" with ALTIVIA CORPORATION for an estimated amount of $115,000 (Proposed Resolution No. RO3- 133) 4. Award the bid for "TWO-YEAR CONTRACT FOR THE PURCHASE OF UNIFORMS," Bid #062-1412-03/C]D to SPECIAL PRODUCTS GROUP of Boynton Beach, Florida, with an estimated annual expenditure of $250,000 - This bid is being appealed to the City Commission by Martin's Uniforms (TAB££B 0N7/:[5/05) C. Resolutions: 1. Proposed Resolution No. R03-:134 Re: Ratifying a Memorandum of Understanding between the City of Boynton Beach and the Boynton Beach Association of Firefighters, Local 1891 of the International Association of Firefighters, AFL-CIO, CLC (IAFF) 2. Proposed Resolution No. R03-135 Re: Accepting Letter of Credit No. NWS487658 from Wells Fargo Bank, N.A. in the amount of $22,188.91 as surety for the satisfactory completion and performance of the water and sewer improvements for the project known as Albertsons at Hypoluxo Village 3. Proposed Resolution No. R03-136 Re: Declaring the public necessity of acquiring four parcels of property in the NE 7th to 10th Avenue stormwater project area for the purpose of constructing a drainage/retention pond D. Ratification of Planning & Development Board Action: 1. Davila Variance (ZNCV 03-006), 3616 S.E. 1~ Street - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.].1, limiting a fence to a maximum height of 6 feet within the rear building line to allow a 3-foot variance, and a 9 foot high fence 3 Agenda ,. Regular City Commission Meeting Boynton Beach, Florida August 5, 2003 2. Quantum Park DRI (USAP 03-003), Lot 3 - Request for use approval for Athletic and Aerobic Clubs/Specialized Instruction and Automobile & Vehicle Accessories, Furnishings and supplies in the Quantum Park PID on lot 3 having use options of"Industdal" and "Office" 3. Club Meadows (MSPM 03-005), 100 Meadows Circle, Meadows PUD - Request for major site plan modification approval for the replacement of an existing clubhouse within the Club Meadows Apartments with a new 3,055-square foot clubhouse 4. Boynton Commerce Center Lot 3B (NWSP 03-009), Southwest corner of 1-95 and Woolbdght Road - Request for a new site plan approval for a 72,174-square foot light industrial warehouse with ancillary office and retail space in a PID E. Ratification of CRA Action: 1. The Paving Lady (NWSP 03-008), 1000 W. Industrial Avenue - Request for site plan approval for construction of a 12,480 square foot industrial building, with related site improvements on a 1.4~-acre lot in the IVl-1 Industrial zoning district (Tabled ON 7/15/05) F. Intentionally left blank G. Report and recommendation on proposed cooperative effort with City of Boca Raton concerning possible legal challenge to Palm Beach County Fire/Rescue Level of Service Referendum VT. CODE COMpLTANCE & LEGAL SETTLEMENTS: None VII. PUBLIC AUDTENCE: I'NDI'VI'DUAL SPEAKERS W:~LL BE LI'MI'I'ED TO 3-MTNUTE PRESENTAT'~ON$ VITT. PUBLTC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Serrano at Boynton (ANNEX 03-001) Agent: Chip Bryan, 3ulian Bryan & Associates, Inc. Owner: Beth Peschl Location: Approximately one-quarter mile west of Congress Avenue, north of the L-28 Canal, south of Golf Road Description: Request to annex a +9.74-acre parcel for the purpose of pursuing development within City of Boynton Beach Agenda Regular City Commission Meeting " Boynton Beach, Florida August S, 2003 B. Project: Serrano at Boynton (LUAR 03-005) Agent: Chip Bryan, .lulian Bryan & Associates, :[nc. Owner: Beth Peschl Location: Approximately one-quarter mile west of Congress Avenue, north of the L-28 Canal, south of Golf Road Description: Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Low Density Residential (LDR) at 4.84 units/acre; and C. Project: Serrano at Boynton (LUAR 03-005) Agent: Chip Bryan, 3ulian Bryan & Associates, :[nc. Owner: Beth Peschl Location: Approximately one-quarter mile west of Congress Avenue, north of the L-28 Canal, south of Golf Road Description: Request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) in preparation for the site planning for 47 single family, zero lot line homes C.1. Project: Serrano Beach (NWSP 03-010) Agent: Chip Bryan, .lulian Bryan & Associates, :[nc. Owner: Beth Peschl Location: Quarter mile west of Congress Avenue; north of the L-28 Canal, south of Golf Road Description: Request for a new site plan approval for 47 zero lot line single family homes and related site improvements on a 9.74-acre site in a proposed PUD D. Project: Berry Veal (COUS 03-005) Agent: .laime Plana, Architect Owner: Berry Veal Corporation Location: 1421 Neptune Drive Description: Request for conditional use approval/major site plan modification for a two-story 5,807 square foot addition to an existing meat packaging plant in an M-1 zoning district E. Project: Boynton Commerce Center (ABAN 03-005) Agent: Winston Lee Owner: Nayrot Realty, :[nc. Location: Southwest corner of :[-95 and Woolbright Road Description: Request for an abandonment of an existing ingress/egress easement F. Project: Boynton Commerce Center (ABAN 03-007) Agent: Winston Lee Owner: Nayrot Realty, :[nc. Location: Southwest corner of :[-95 and Wooibright Road 5 Agenda Regular City Commission Meeting · ' Boynton Beach, Florida August S, 2003 Description: Request for an abandonment of a Florida Power and Light easement G. Project: Boynton Commerce Center (ABAN 03-OOB) Agent: Winston Lee Owner: Nayrot Realty, ]:nc. Location: Southwest corner of ]:-95 and Woolbright Road Description: Request for an abandonment of a portion of a utility (water) easement H. Project: Boynton Commerce Center (ABAN 03-009) (POSTPONEHENT REQUESTED BY APPLICANT) Agent: Winston Lee Owner: Nayrot Realty, ]:nc. Location: Southwest corner of ]:-95 and Woolbright Road Description: Request for an abandonment of a portion of an existing ingress/egress and utility easement TX. CZTY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (TABLED 01V$/20/03) B. Presentation of Recreation & Parks Department Work Plans that were developed as a result of the Comprehensive Needs Assessment conducted in November 2001-April 2002 X. FUTURE AGENDA Z'rEMS: A. Proposed Modifications to City Personnel Policy Manual - Annual Update (August 19, 2003) B. Proposed Resolution regarding accepting the Pay Plan for 2003-04 (August 19, 2003) C. Proposed Resolution regarding raising fees for annual permits, daily fees and light fees at the Tennis Center (August 19, 2003) D. 1~t Public Hearing regarding Budget (September 4, 2003) E. Public Hearing regarding Fire Assessment (September 11, 2003) F. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (September 2003) G. Follow-up Meeting with CRA on Development ]:ssues (September 2003) Agenda Regular City Commission Meeting " Boynton Beach, Florida August S, 2003 H. 2nd Public Hearing regarding Budget (September 16, 2003) I. First reading of Proposed Ordinance regarding docks (September 16, 2003) .1. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (October 2003) K. High School Task Force Report (December 2, 2003) L. Proposed Lease Agreement with Boynton Woman's Club (TBA) M. Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, :Inc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) X~. NEW BUS:ZNESS: A. Proposed Ethics Ordinance for review and discussion B. Amendment to City's Community Investment Fund policy (Proposed Resolution No. R03-;I.37) C. Allocation of Community Investment Funds for the Carolyn Sims Annual Family Day Picnic ($1,000 from Commissioner Mack McCray and $1,000 from Commissioner Carl McKoy and $2,000 from Mayor Gerald Broening) D. Allocation of Community Investment Funds for the 2003 School Curriculum Resource Program (Commissioner Mack McCray - $1,000 and Mayor Gerald Broening - $5,000) E. DiscusSion regarding proposed off-premise sign at Texaco Station F. Allocation of Community Investment Funds from Mayor Gerald Broening - $5,000 for School Supplies XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No, 03-035 Re: Abandonment of the 20-foot wide alley lying east of and adjacent to lots 24, 25, and 26, Block 4, Lake Addition to Boynton, and the replacement with a utility easement (DeLorenzo Abandonment) 7 Agenda Regular City Commission Meeting " Boynton Beach, Florida August S, 2003 B. Ordinances- 1~ Reading 1. Proposed Ordinance No. 03-036 Re: Abandonment of a 12-foot wide utility easement as required for the construction of the recreation area of Phase I!! of the apartment complex (Villas at Quantum Lakes Phase III) 2. Proposed Ordinance No, 03-037 Re: Amending Section 55 of the City Charter "Compensation of Mayor and Council," providing for an increase in the salary amount of the Mayor and City Commission Members 3. Proposed Ordinance No. 03-03B Re: Amending Chapter 21, Article III, Section 6.D of the Land Development Regulations to remove the regulations pertaining to posting temporary political signs on private property C. Resolutions: 1. Proposed Resolution No. R03-138 Re: Providing for adjustment of expense allocations to the Mayor and Commission D. Other: None XIII. UNFINISHED BUSINESS: None XIV. AD.1OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY q'ME CITY COMMISSION WITH RESPECT TO ANY MA'ITER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND`" FOR SUCH PURPOSE~, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE pROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SMALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL D A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN]OY THE BENEFITS OF A SERVICE,. PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT 3OYCE COSTELLO,. (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 8/5/2003 8:12 AM S:\CC~WP\CCAGENDA~,GENDAS\Year 2003\08050:3 final agenda.doc 8 V.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM B.1 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) . [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon):r · [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon)_._ [] Administrative [] Legal '~- NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ~.~ ~-> [] Consent Agenda [] Public Hearing _~_ [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to award ~CO-OP BULK QUICKLIME", Bid #064-2821-03/JA, to CHEMICAL LIME COMPANY, INC. in the amount of $1,694,862.96 with an estimated annual expenditure of $129~316.00 for the City of Boynton Beach Utility Department. CONTRACT PERIOD: AUGUST 5, 2003 TO AUGUST 4, 2004 EXPLANATION: On June 24, 2003, Procurement Services received and opened three (3) sealed proposals for the bid mentioned above. Chemical Lime Company of Alabama, Inc., Mulberry, Florida was the lowest, most responsive, responsible bidder who meets all specifications. Dependent upon rainfall, water restrictions, and other factors, we anticipate a usage of approximately 1100 tons per year. Chemical Lime Company has previously supplied lime to the City in a satisfactory manner. Bob Kenyon, Deputy Utilities Director, concurs with this recommendation (see attached Memo//03-106). The City of Boynton Beach is the lead entity for this Palm Beach County Cooperative Purchasing bid. The total cooperative bid is $1,694,862.96. There are seven (7) other entities participating in this bid. PROGRAM IMPACT: The purpose of this bid is to secure a source to provide the best quality Bulk Quicklime available at the most economical price and deliver to various governmental entities that have elected to participate in the Cooperative Bid. Bulk quicklime is used by the East Water Treatment Plant to precipitate calcium carbonate from the water. The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. FISCAL IMPACT: BUDGET ACCOUNT ESTIMATED ANNUAL PROCESS CHEMICALS EXPENDITURE #401-2811-536-52-35 $129,316.00 ~' ~ ~.~~ Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSX~GENDA ITEM REQUEST FORM.DOC RECEIVED MEMORANDUM JUL 11 2003 Utilities #03-106 PROCUH,~SERVICES TO: Bill Atkins, Procurement Services Deputy Utilitie~ Director ~/ DATE: July 11, 2003 SUBJECT: Annual Co-Op Bulk Quicklime I have reviewed the three bids received for the annual bulk quicklime used at the East Water Treatment Plant. We estimate using approximately 1,100 ton of this process chemical per year. The lowest bid amount was $117.56 per ton for an approximate expenditure of $129,316.00. We recommend awarding Bid #064-2821-03/JA to the lowest priced responsible bidder, Chemical Lime, Co., in the amount of $129,316.00. This amount is an estimate as usage depends on rainfall, water restrictions, success of conservation program, and other factors. Funds are available for this necessary process chemical in account//401-2811-536-52.35. If additional information is needed, please contact me at ext. 6402. /gb xc: Tom Fitzgerald Barb Conboy File Chemical Lime A Lho~s~ Grou~ CompanV June 19, 2003 Ms. Carol Doppler City of Boynton Beach Purchasing Department 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Subject: CO-OP Bulk Quicklime Bid - Number 064-2821-03/JA Dear Ms. Doppler: Thank you for the opportunity to submit our bid for the Co-Op quicklime requirements for the City of Boynton Beach. Enclosed please fred the completed bid documents submitted in duplicate, as well as all requested attachments. If you have any questions, or need additional information, please do not hesitate to call me. Sincerely, CHEMICAL LIME COMPANY Sales and Distribution Coordinator Encl. Chemical Lime Company RO. Box 1137, Mulberry, Florida 33860 Phone :(800) 695-5657 Fax :(863) 425-0686 The City of Boynton Beach O Procurement Servic~' I00 E. Boynton Beach B,ulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: ($61) 7~2-6320 FAX': (561) 742-6306 ADDENDUM #1 DATE: May 8, 2003 BID TITLE: "CO-OP BULK OU1CKLIME' BID N%,~MBER: # 064-2821-03/JA This Addendum ,~hall be attached to and made a part of the above named Request for Bid. The following items are i~ued to add to, modify, and clarify thc Request for Bid. These items shall have full force and effect as the Request for Bid. Proposals to be subnUtted on the specified date shall conform Vnth the additions and reXqsions hsted herem. ITEM #1: DELIVERY TIME: Change: Please change the delivery tune for the City of Riviera, ~y it reads that the delivery time is Monday through Friday from 8:00 a.m. to 5:00 p.m. The correct time is Monday through Friday flora 3:00 a.m. to 4:00 a.m. ITEM #2: LOCATION FOR RIVIERA BEACH: Add: Two locations of delivery at Riviera Beach: NORTH END AND SOUTH END. Please sign below to acknowledge receipt of the addendum. This page must be returned ~th your proposal Chemical Lime Company of AL: Inc. Signature Date Bill A~ms Deputy Dkrector of Financial Services cc: Bob Kenyon-Utilities Co-Op Entities: City of West Palm Beach Central file City of Ddray Br~:h So. C~mtal Regional WWTP Shelf copies City of Lake Wor~ Town of Highland Beach dernandstar.com City of Riviera Beach Village of Wellington -- BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date: Bid Title: "CO-OP BULK QUICKLIME" B id Number: 064-2821-03/JA Bid Received By: June 24, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: June 24, 2003, 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: Chemical Lime Company of AL, Inc. Federal I.D. Number: 63-1 002780 A Corporation of the State of: Alabama Area Code: 863 Telephone Number: 425-1 544 Mailing Address: P.O. Box 1137 City/State/Zip: Mulberry, Florida Vendor Mailing Date: 06 / 1 8 / 03 uthorized Signature John L. Thompson Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 23 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA CO-OP BULK QUICKLIME To All Bidders: Date: June 18, 2003 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 product/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 product/service in accordance with the specifications for the sum of: I. Total Cooperative Quantifies Base Price Per Ton $ 69.37 ENTITY QTY (TONS) FREIGHT RATE EXTENDED PER TON TOTAL AMOUNT PER TON RAIL TRUCK City ofBoynton Beach 1,100tons $ 40.82 $ 7.37 $117.56 x 1100" 129,316.0C City ofDelray Beach 4,800 tons $ 40,82 $ 7.37 $117.56 x 4800 =/564,288.0C City ofLake Worth 1,350tons $ 40.82 $ 8.09 $118.28 x 1350 = 159,678.0C City of Riviera Beach 1,000tons $ 40.82 $ 8,81 $119.00 x 1000 ~"119,000.0£ City ofWest Palm Beach 4,100tons $ 40.82 $ 8.81 $119.00 x 4100 =/487,900.0C / So. CentralRegionalWWTP 780tons $ 40.82 $ 7.37 $117.56 x 7~0 = ¢'91,696.8C Town of Highland Beach 152 tons $ 40.82 $ 6.89 $117.08 x 152 = 17,796.1~ Village of Wellington 1052 tons $ 40.82 $ 8.81 $ 119.00 x 1052 ='//1125,188.0C APPROXIMATE TOTAL: 14,334 tons $ $ $ I: 604: 862 _ 06 -~/ THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 PROPOSAL continued .... TOTAL (COOPERATIVE TOTAL QUANTITY X BASE PRICE PER TON) $ 994t349.58 *Total does not include transportation costs (truck or rail). ALL PRICESF.O.B. DESTINATION **Delivery will be completed within two calendar days from the date of the Purchase Order and/or verbal order from the City. II. Delive~ Date A. Stateyourmethodofdelivew ~omsourcetoeachentity's WaterPlant. Pneumatic tank truck B. How will ~uassuresupply ~d ~live~totheparticipatmg ~vemmentalentitiesmtheevem ofatranspo~ioncfisisinvolvingtruck, milcarorhurricane? Option 1: Ship from one of three alternative locations in Florida by pneumatic tank truck. Option 2: Direct ship by pneumatic tank truck from Al. lime plants. IMPORTANT NOTE: THE COOPERATIVE WILL CAREFULLY CONSIDER DATA FURNISHED IN PARTS I AND 1I OF THIS QUOTATION IN DETERMINING THE MOST RESPONSIVE BIDDER. Will you extend the same prices, terms and conditions to other governmental agencies within Palm Beach County? YES ~ NO X Will you extend the same prices, terms and conditions to other governmental agencies within Broward County? YES: NO × The undersigned bidder certifies that this Bid Proposal is submitted in accordance with the Provisions, Specifications, and Conditions governing this bid. BIDS SHOULD BE SUBMITTED IN DUPLICATE THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 25 PROPOSAL continueg .... Number of Bid Proposals submitted Bid submitted in duplicate Yes Yes/No Training & Experience record submitted '/es Yes/No List of previous work submitted Yes Yes/No List of equipment & facilities available to do work submitted '/es Yes/No Service Representative information submitted Yes Yes/No Chemical Lime Company of Al., Inc. SIGNATURff cO VA NA E / John L. Thompson PRINTED NAME ( 863 ). 425-1544 Florida Manaqer TELEPHONE NUMBER TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 26 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA SS 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 of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: ~ AME - SIGNATURE Sworn and subscribed before me this / ~ day of Printed Information: John h. Thompson NAME Florida Manager TITLE NOT~Y PUBLIC, State of Florida at Large Chemical Lime Company COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 27 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 part of your bid response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER Ng. (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO X If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 28 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-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful 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. 2) Inform employees about the dangers of drag abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drag counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual 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 of, 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 occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in.a drug abuse assistance or rehabilitation program 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. As the person authorized to sign the statement, I certify~,that this firm complies fully with the above requirements. //~ ~.~ ~(~t ~., ~ J Vendor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 29 Chemical Lime Company BIDDERS QUALIFICATIONS May 2, 2002 Experience and Training: Chemical Lime Company has been a leading producer and distributor of commercial lime products in Florida and the US for over 60 years. Chemical Lime Company is the principal vendor of lime for municipal water treatment in Florida. Chemical Lime Company products meet the requirements of ANSI/AWWA B202-93. Chemical Lime maintains a technical representative in Florida with backup provided by a complete wet chemistry QA lab at the site of the Alabama Operations and at the corporate headquarter location in Forth Worth, Texas. References: Broward County Co-Op, Steven Beamsderfer @954-724-2450 City of Naples, Jean Guy ~239-213-7100 Lee County, Robert Franceschini ~ 239-335-2111 Facilities and Equipment: O'Ncal Quarry, O'ncal Alabama - Producing chemical grade limestone for lime manufacture. Lime Manufacturing Plants - Four in Alabama, two in Virginia. Florida Distribution Facilities - Rail to truck terminal facilities in Fort Laudcrdale, Nichols, and Lakeland, Florida. Additional inventory at Brooksville, Florida (Hydrated Lime Plant). Florida Order Center and Technical Services: Nichols, Florida Sales Office: John L. Thompson, Elizabeth A. Hart ~ 863-425-1544, Fax 863-425-0686. Service is available at this number on a 24 hour/7 day per week basis, including holidays. REFERENCES: Business Name City of Tamarac Contact Person Mr. James Nicotra Address 7525 N.W. 88th Avenue City/State/zip Tamarac, Florida 33321-2401 Phone# 954-724-2450 Fax# 954-724-2408 Business Name City of Naples Contact Person Jean Guy Address 280 Riverside Circle City/State/Zip Naples, Florida 341 02 Phone# 239-213-7100 Fax# 239-213-7105 Business Name Lee County ContaetPerson Mr. Robert D. Franceschini Address P.O. Box 398 City/State/Zip Fort Myers, Florida 33902-0398 Phone# 239-335-2111 Fax# 239-689-7390 Chemical Lime Company Florida Operations PO Box 1137 Mulberry, Florida 33860 800-695-5657 863-425-1544 863-425-0686 Fax Florida Manager: John L. Thompson 863-698-2483 Cellular John.Thompson¢~;c hemicallime.com Nichols Terminal: Sales & Distribution Elizabeth Hart 863-698-8769 Cellular Coordinator: Elizabcth. Har~(£~c hcmicallimc.com Brooksville Hydrated Lime Plant: 10311 Cement Plant Road Brooksville, Florida 34601 Contact # 863-425-1544 Fort Lauderdale Terminal: 708 West McNab Road Fort Lauderdale, Florida 33999 Contact #863-425-1544 AUTHORIZATION Gentlemen: This letter is to certify that the following personnel are duty authorized to execute bid proposals, sales agreements and price quotations on behalf of Chemical Lime Company of Alabama, ~c. CCLC") Oliver Booth Sales Manager Jimmy Weidenback Distribution Manager lohn Thompson Florida District Manager The undersigned, as Senior Vice President of Chemical Lime Company of Alabama, Inc. has full authority to sign this letter on behalf of CLC. Sincerely, c~c^~ ~ ~o~v o~ ^~~, n~c. Mike Eliasen, Senior Vice President Date: September 23, 2002 Northbrook, ',llino~s,t.847) 272--.8800 . Melville, New York · (631) 271-6200 ........ S~h't a Cl~r~. Research Triangle Park. '- North Carolina · (9191 549-1400 Q Underwriters Camas, Washin3ton, (360) 817-5500 Laboratories Inc. CERTIFICATE OF COMPLIANCE CERTIFICATE NUMBER: I01202- MH17190 ISSUE DATE: December 10, 2002 Page ! of 1 Issued to: CHE~ffCAL LIME CC) PC) BOX 985004 Ft. Worth, TX 76185 Report Reference: MH17190, July 10, 1996 This is to Certify that representative samples off Calcium Oxide From: Nichols, FL North Las Vegas, NV Stockton, CA Hurst, TX Clifton, TX City of Industry., CA Henderson, CO Langley, British Columbia, Canada Have been investigated by Underwriters Laboratories Inc.® in accordance with the Standard(s) indicated on this Certificate. Standard(s) for Safety: ,a2qSI/NSF Standard 60-Drinking \Vater Treatment Additives Additional Information: Category: Corrosion and Scale Control, Softening, Sequestering, Precipitation, and pH Adjustment Maximum Use Level: Calcium Oxide 500mg/L Only those products bearing the UL Classification Marking should be considered as being cove-red by UL;s Ciassification and Follow-Up Service. - The UL Classification Marking includes: UL in a circle symbol: *~" with the word "CLASSIFIED" (as shown); a control number (may be alphanumenc) asshgned by UL; a statement to indicate the extent of UL's evaluation of the product; and, the product categoD' name (product identity) as indicated in the appropriate UL Directory. Engmeer~ Review Engineer~ ~'~-Iem-'fi~e Johnfroe x--'Richard Winton Underwriters Laboratories Inc. Underwriters Laboratories Inc. A not-for-profit organization dedicated to public safety and committed to quality service Material Safety Data Sheet U.S. Department of Labor ~'~2 May be used to comply with ~ Occupational Safety and Health Administration OSHA's Hazard Communication Standard (Non-Mandatory Form) 29 CFR 1910.1200. Standard'must be Form Approved consulted for specific requirements. OMB No. 1218-0072 INote: Blank spaces are not permitted. If any item is not appficable, or no IDENTITY Quicldimc, CaO, LiITiC I information is available, the space must be marked to indicate that. Calcium oxide (all sizes i~nch~ding granular) (UN I910) Section I Manufacturer's Name and Address I Emergency Telephone Number Chemical Lime Company i Chemtrcc 800-424-9300 3724 Hulen Street I Information Phone Number Date Prepared Fort Worth, Texas 76107 i 817-732-8164 6/1/01 Section II - Hazardous Ingredients/Identity Information Hazardous Components CAS Common Name OSHA PEL ACGIH TLV Other Limits % (optional) calcium oxide 1305-78-8 Quicklime 5 mg/m3 2 mg/m3 5 mg/m3 > 90% Magnesium oxide 1309484 Periclase 10 mg/m3 10 me/m3 6 mg/m3 < 5 % Calcium carbonate 1317-65-3 Limestone 15 mg/m3 10 mg/m3 6450 nag/kg < 3% Silicon dioxide 14808-60-7 (~llartz 0.1 m~/m3 0.1 ml~/m3 4 m~/m3 < 2 go Section III - Physical/Chemical Characteristics Boiling Point 2850 °C Melting Point 2570 °C Specific Gravity 1.6 - 2.8 §/cc Vapor P _re~_sure (mm He) N.A. Vapor Density N.A. IEvaporaflon R~, N .A. Solubility in Water Reactive with water to produce Ca(OH)2 with large mounts of heat. pH = 12.4@25°t' Appearance and Odor White or l~ray lumps or powder, odorless Section IV - Fire and Explosion HaTard Data Flash Point LELAJEL /Flammable Limits 'Extinguishing Media N.A. N.A. [ N.A. ! Not Combustible - Use extinguishing agent for surrounding fire _ Special Firefighfing Procedures/Unusual Fire and Explosion Hazards In large amounts, calcium oxide will react with water to produce heat and possibly steam. Flood with excess water to remove heat. Section V - Reactivity Data Stability 1[Conditions to Avoid (stability - related) Unstable t Reacts with water to form Ca(OH)2 and large amounts of heat. Reacts with CO2 to form CaCO3. Incompatibility (Materials to Avoid) Acids: Reacts vigorously and produces heat. Malcic Anhydride: May react explosively. Nitro Organic Compounds: May react to form explosive salts. Phosphorous: May form flammable products when heated. Aluminum: May react in presence of water to form hydrogen gas. Will not occur (none._~) Hazardous Polymerization/Hazardous Decomposition of Byproducts Section VI - Health Hazard Data Route{s) of Entry: Inhalation, Ingestion Health Hazards (Acute and Chronic) Mild to moderate corrosive. Avoid skin and eye contact as irritation will occur. Inhalation can cause coughing, sneeT, in~ or breathing problems. Material in contact with wet skin could cause severe irritation and/or burnings_ Carcinogenicity: OSHA? SiO2 NTPIIARC Monographs? SiO2 Respirable crystalline silica from occupational sources is classified by IARC as a Group I Carcinogen. California Proposition 65: Silica is on the Governor's Proposition 65 list. Components used in this product may contain trace amounts of inherent naturally occurring elements (such as, but not limited to arsenic, cadmium) that are on the Governor's Proposition 65 list. Chemical Lime Company - Quicklime MSDS page 2/2 Section VI - Health Hazard Data (continued) Signs and Symptoms of Exposure Skin or cyc irritation; cougMhg or breathing problems. Medical Conditions Generally Aggravated by Exposure Respiratory problems, asthma, dermatitis or skin or eye sensitivity. Emergency and First Aid Procedure Flush contaminated area with excess water. If eye contact, rinse eye with warm water for 30 minutes and seek medical attention immediately. Section VII - Precautions for Safe Handling and Use Steps to be Taken in Case Material is Released or Spilled Protect skin and eyes from contact and avoid inhalation of dust. If material is dry pick up and keep away from acids or organic materials. Place in steel drums. If wet add excess water to remove heat and place in steel drums. Waste Disposal Method Carefully add water in excess of 20 parts water to I pan lime and flush to sewer. Consult local, state, or federal regulations. PYecaufions to be Taken in Handling and Storage Store in tightly closed containers and keep dry and away from acids or other incompatible substances. Do not store or ship in aluminum containers. Shipping and Handling Restrictions for Quicklime - When being transported by air, calcium oxide is classified in the Department of Transportation (DOT) regulations as a hazardous material. Because express carriers Oror example, Federal Express, Airborne Express, and United Parcel Service) ship by air, quicklime presented to these carriers for shipment should be packaged, marked, and labeled accordingly, and be accompanied by the appropriate shipping documentation. Only personnel trained and cert~ied under applicable DOT Hazardous Materials Regulations (contained in T~tle 49 of the Code of Federal Regulations) may prepare quicklime for air transport. For __~i_tional information, contact the DOT website, www.text-trieve, com/dotmpa, or the Research and Development Department of Chemical Lime Company at (817) 732-8164. Other Precautions Keep material dry. If material gets wet, flood with excess water to remove heat. Avoid cyc contact and breathing dust. NFPA Rating: HEALTH: 3 FLAMMABILITY: 0 REACTIVITY: 1 HMIS Rating: HEALTH: 2 FLAMMABILITY: 0 REACTIVITY: 1 WHMIS Rating: D2A, E Section VIII - Control Measures Respiratory Protection (Specify Type) Dust masks meeting thc NIOSH N95 rating arc sufficient for casual exposure. (42 CFR) Ventilation I I. ocal Exhaust !Special Do not dispose of dust with Vent to dust collector combustible materials. Mechanical (General) 'Other Vent to meet TLV requirements Protective Gloves Other Protective Clothing or Equipment Dry cloth or leather gloves Full clothing to cover arms and legs, safety glasses or face shield. Work/Hygienic Practices Eye wash and shower station should be readily available. Chemical Lime Company provides the information contained herein in good faith but makes no representation as to its comprehensiveness or accuracy. This document is intended only as a guide to the appropriate precautionary handling of the material by a properly trained person. Individuals receiving this information must consult their own technical and legal advisors and/or exercise their own judgment in determining its appropriateness for a particular purpose. Chemical Lime Company makes no representations or warranties, either express or implied, including without limitation and warranties of merchantability or fitness for a particular purpose with respect to the information set forth herein or the product(s) to which the information refers. Accordingly, Chemical Lime Company will not be responsible or liable for any claims, losses or damages resulting from the use of or reliance upon or failure to use this information. References: Sax, N.I. & R.J. Lewis Sr. (1989) "Dangerous Properties of Industrial Materials", New York: Van Nostrand Reinhold Co. Ltd. Lewis, RJ. (1997) "Hazardous Chemicals Desk Reference', New York: Van Nostrand Reinhold Co. Ltd. kdi phd Chemical Lime STANDARD PRODUCT SPECIFICATION SMALL PEBBLE HI-CAL QUICKLIME SPECIFICATION NUMBER 01001601 PARAMETER * ANALYSIS METHOD * NORMAL RANGE I SIZING * STANDARD U.S. SIEVE * 1/8" x 1/2" BULK DENSITY * AVG. CUBIC FOOT WT. * 57 lb. fit? IAVAILABLE CaO * ASTM C- 25 * 90 % min. 93.4 % avg. IL.O.i' * ASTM C-25 * 2.0 % max. 1.5 % avg. MgO * ASTM C- 25 / C-1271 * 3.0 % max. 2.0 % avg. SiOz * ASTM C- 25 / C-1271 * 1.5% max. 0.5 % avg. FeZO3 * ASTM C- 25 / C-1271 * 1.0 % max. 0.7 % avg. IAI203 * ASTM C- 25 / C-1271 * 1.0 % max. 0.7 % avg. S * ASTM C- 25 / LECO * 0.050% max. 0.020% avg 130 sec. Reactivity * ASTM C- 110 * 25 o C avg. I3 min. Reactivity * ASTM C- 110 * 40 o min. 52 o avg. IWater lnsoluable Residue* ASTM C- 110 * ( 030 SIEVE ) 2.0°/omax· 0.8 % avg. I { NOTE: TOTAL CaO MAY BE DETERMINED BY DIFFERENCE OF THE SUM OF THE LO.L, MgO, SiO2, Fe20~ & AI20~ C~I~ TIFIC,ATE ~UM B~ le · HOU4)001726~F~03 ~OOU~R MAF~H USA INC uo R~HTS UP~ ~E ~T~ H~OER O~ER TH~ THO~ PROV~[D N THE 1601 ELM S~EET ~ POC~. TH~ ~RI~TE O~S MOT ~EMD, E~M0 OR ~R ~E ~VERA~ 21~ THAN~GIMNG TOUR ~F~0EO ~E e~SOES~0 DALES ~ 75~1 *- C~PANIES AFF~OING COVERAGE SUE PYLE (214) 7~ C~=~ ~191--~ AL MONT AL A CON~NENTAL CASUAL~ CO ~SU~ED C~v CHEMICAL LIME C~PANY G ~ERICAN CAS CO OF R~DING, PA (CNA) OF ALA~MA A~ TERRY LA~EY C~=~v PO BOX 479 C ~ANSPORTATION INSURANCE CO MONTEVALLO AL 35~15 c~3~v D N/A %~T~A~:NG ~%V ~ R~M~%T ~RV ~ C~T~ ~ ~%V C~A~ ~ OT~ ~NT ~- R~ TO ~ ~ T~ ~T= CA~ VAv ~ ~ ~ VAv P~Y [FFEC~ P~Y EXP~&T~ ~ ~E OF IMSURM~ P~IGY HUMOR 0ATE ~MIOOfW) 0ATE ~M/OOt~) LIM~S L~ A ~aEe~ ~W M25t~ 014 1~/02 l~0t/~ ~A~ ~;~T; $ 2 0~ 0~ X C~qC~ GE~ER~ -~. ~ ~OD~S- C~P~ A~ $ 3.0~ 0~ 5, 0~ A ~T~EE L~ ;M25t ~ 028 10/01f02 1~011~ C~a~9 a~.~ ~ WT $ 1 r0~,~ X ~v ~TO ~. ~E3 ~TOS ~_v ~Rv S ~R~E L~I~ ~TO ONLV ' ~A ACCD~NT v ~TO ~ER Ta~ ~TQ~.v . EX'~SI LI~IW EA~ ~RRS~ S ~ ~M~E A =~M AGG~GA~ 8 W~KERS ~PEMIA1~ ~D ~18~ ~ AOS f ~01t02 t~ll~ X T~V _ WTS ER ~: EMPLO~R~ L~I~ S 1.0~,0~, B ~18~ ~ CA 1 ~01102 l~0tl~ ;_ ~ C T-; ~o~ ~/ iX~ ~c. ~18~4 RETRO STATES 10101/02 1~011~ ~_ 3;~;~ ~-VT $ 1 0~,~ RE PA~ 6~CH C~P, DEU~RY L~ATION: ~ S SE~REST ~. ~Y~N B~H, FL ~ ~ERE REOUiREO BY CON~T CI~ OF ~Y~N ~H IS ADOITION~ INSURED (EXCEPT ~ ~R~RS C~P) ~ RESPECTS OPERATIONS OF ~E NAMED INSURED ~~: ....... :¥..~.::~.~~:~-~: ~.~:::.-.~..:::~.: , Cl~ OF BOYN~N B~H ~ ~3~q ~ ~q~N a~ =~ ~o~ ~t,~ ~_ ~ ~ ~ ~ ~ 124 ~ST ~L~IGHT RD IARM V.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM B.2 AGENDA ITEM REQUEST FOl vt Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ::~ [] Consent Agenda [] Public Hearing .~.? [] Code compliance/Legal Settlements [] Unfinished Business on RECOMMENDATION: Motion to award the "PURCHASE OF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS. Bid #066-1412-03/JA, to various vendors on a "lot to lot" basis with an estimated annual expenditure of $20~000.00. CONTRACT PERIOD: AUGUST 06, 2003 TO AUGUST 05, 2004. EXPLANATION: On May 13, 2003, Procurement Services received eight (8) proposals which were computer tabulated on May 14, 2003. After a careful review, we recommend an award be made to various vendors on a "lot by lot" basis. The factors used in determining the award were: 1). Price; 2). Brand Name; and 3).Vendor minimum shipping requirements. All recommended vendors are considered to be the most responsive, responsible bidders who meet all specifications. Dominic DeMauro, Warehouse Manager, concurs with this recommendation (see attached memo). PROGRAM IMPACT: The purpose of this bid is to establish prices for various Warehouse stocked items. These items include new and replacement street signs of miscellaneous design, accessories, and parts related to signs used throughout the City. Items will be ordered on an "as needed" basis. FISCAL IMPACT: BUDGET ACCOUNT NUMBER ESTIMATED ANNUAL WAREHOUSE STOCK EXPENDITURE 502-0000-141-01-00 $20,000.~0 ~ Deputy Director of Financial Services City Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / Human Resources SSBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC & TUBE ;.m,m FLORIDA TRAN$COR, INC. ~ MUNICIPAL ~ SUPPLY & SIGNS ,~ OSBURN ~ ASSOCIATES ~ INC. m m z SIGNS & ~ :~LANKS UNIVERSAL SIGNS & ACCES~ORIE $ US WHOLESALE PIPE & TUBE COMPANY ~ FLORIDA TRANSCOR, .~. INC. MUNICIPAL ~ SUPPLY & SIGNS ,~ :)SBURN I~ ASSOCIATES ~ .OCAr. ~NC. rn m Z SIGNS & (/) BLANKS UNIVERSAL SIGNS & ACCE,~,~ORIE 8 US WHOLESALE The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Bill Atkins, Deputy Finance Director FROM: Dominic DeMauro, Warehouse Manager DATE: June 30, 2003 SUBJECT: Street Signs bid #066-1412-03/ja I have reviewed the tabulation sheets and proposals from your office. I used the following factors in determining this award. A) Price B) brand name C) vender minimum shipping requirements. I recommend a multi award on a "lot by lot" basis to the lowest most responsive bidder. ALUMUNUM BLANK SIGNS Sign Blanks 1 Municipal Supply & signs 2,3,6,7,8,9,10, ! 2 Rocal Inc 4,5,11 PRE-PRINTED SIGN FACIA Rocal Inc 13 Osburn Associates 14,15 PRE-MADE METAL Osbum 16,17 24x50 ROLLED FACIA Osburn Associates 18,19,21,22,24 Municipal Supply & signs 25 Sign Blanks 23 There is no number 20 no, t/bidoff Street signs page two POST BRACKETS AND BOLTS Universal signs and accessories 26,27 Rocal Inc 28,29,30 Municipal Supply & signs 31,32,33,34,35 NON-REFLECTIVE VINAL 3 M Company 36,37,38,39,40,41,42,43 RIBBONS Rocal Inc 44,45,46,47,48,49 The following venders are offering these discounts for items not listed on this bid. Municipal Supply & signs 30% Universal signs and accessories 25% Us wholesale Pipe 10% V.-CONSENT AGENDA CITY OF BOYNTON BEA£ ITEM B.3 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business r'- - AGENDA ITEM [] City Manager's Report [] Presentation --- : [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business '~' ~r'~ RECOMMENDATION: Motion to approve the "piggy-back" of LEE COUNTY, FLORIDA, PROJECT #Q-020418: for "HYDROGEN PEROXIDE SOLUTION SERVICES FOR THE CONTROL OF SULFIDES IN WASTEWATER" with ALTIVIA CORPORATION for an estimated amount of $115,000.00. EXPLANATION: The Utilities Department, Wastewater Pumping Division, doses hydrogen peroxide into the wastewater system to control hydrogen sulfide, and odors that naturally occur in the wastewater system. The "piggy- back" of this bid includes supply of tank and dosing equipment, monitoring of sulfide levels, dosing level adjustments, delivery of the hydrogen peroxide and result reporting. This services process has been successful in controlling hydrogen sulfide in the system. By piggy-backing the bid, the cost difference per gallon of hydrogen peroxide will fall by $0.65 per gallon. Whereas, the current cost to the City for hydrogen peroxide is $4.05 per gallon, under the new bid it falls to $3.40 per gallon. This translates to an annual savings of $33,288.00. The initial award by Lee County Commission was August 6, 2002 through August 5, 2007, with provision for extension for an additional five (5) years at the same terms and conditions, if in the best interest of the City to extend. PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for Hydrogen Peroxide, which is used to neutralize Hydrogen Sulfide. This is to prevent corrosion due to the elements in the various lift stations to such materials as concrete, steel, electrical components, etc. also aides in the reduction of objectionable and dangerous odors to neighbors and employees. FISCAL IMPACT: Funds are allocated in the Utilities Department as follows: Account Description Account Number Amount Process Chemicals 401-2816-536-52-35 $115,000.00 SSBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources cc: Mark Law - Utilities Department Barb Conboy - Utilities Department File S:\BULLETINNCORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R- 03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE "PIGGY-BACK" BID OF LEE COUNTY, FLORIDA, WITH ALTWIA CORPORATION FOR THE HYDROGEN PEROXIDE SOLUTION SERVICES, FOR THE CONTROL OF SULFIDES IN WASTEWATER AND PROVIDING AN EFFECTWE DATE. WHEREAS, the Utilities Department, Wastewater Pumping Division doses ~ydrogen Peroxide into the wastewater system to control hydrogen sulfide and odors that ~aturally occur in the wastewater system, and; WHEREAS, by "piggy-backing" with Lee County, Project #Q-020438, the cost t'alls by $0.65 per gallon of hydrogen peroxide, translating to an annual savings of t;33,288.00. 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 thc "piggyback" of Lee County, Florida to Altivia Corporation, for thc Hydrogen Peroxide Solution Services, for the control of sulfides in the City's wastewater. Section 2. That this Resolution shall become effective immediately. S:\CA\RESO~,greements\Bid Awards\Piggy-Back Lee County-Hydrogen Peroxide.doc PAS_SED AND ADOPTED this ~ day of August, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner T; Clerk ~,Corporate Seal) k\CA\RESO~Agreements\Bid Awards\Piggy-Back Lee County-Hydrogen Peroxide.doc MEMORANDUM R E C E ! V E D Utilities #03-092 JUL 0 8 2003 PROCUREMEN ~' ~fil~,qlOES TO: Bill Atkins, Procurement Se.rvices (_~,,~.~ FROM: Barb Conboy, Manager -1-"/. Utilities Department DATE: June 24, 2003 SUBJECT: Piggyback Lee County FL Project #Q-020438 Hydrogen Sulfide Control Services with Altivia Agenda Item The Utilities Department Wastewater Pumping Stations Division doses Hydrogen Peroxide into the Wastewater System to control Hydrogen Sulfide and odors that naturally occur in the wastewater system. The Utilities Department would like to piggyback Lee County FL Project #Q-020438 with Altivia Corporation (new name for Vulcan, see attached). This bid includes supply of tank and dosing equipment, monitoring of sulfide levels, dosing level adjustments, delivery of Hydrogen Peroxide and result reporting. This service process has been successful in controlling Hydrogen Sulfide in the system. The Utilities Department recommends approval to use Lee County FL Project #Q-020438 with Altivia Corporation. Estimated expenditures are $115,000.00 and funds are available in account #-401-2816-536-52.35. Please place this request on the next Commission agenda for their approval. If additional information is needed, please contact Mark Law at ext. 6403 or Tony Lombardi at ext. 6421. Attachments - renewal letter/Council action Xc: Dale Sugerman Mark Law Tony Lombardi File A ALTIVIA CORPORATION ' fi/ 47'03 SOUTHWEST 34'1't-I STREET TELEPHONE: i407i 47'6-6977 ALTIVIA F.x: www.att~via.com June 13, 2003 ~ ~ Mr. Anthony Lombardi City of Boynton Beach 124 E. Woolbright Rd. Boynton Beach, FL 33435 Re: Piggyback Contract Dear Mr. Lombardi, ALTIVIA Corporation appreciates the opportunity to extend our services to provide odor control for the City of Boynton Beach. Enclosed are the bid documents for Lee County Florida. This bid is for Hydrogen Peroxide solution services for the control of sulfides in wastewater. Pre-Bid date was May 30, 2002, with a bid opening date of June 11, 2002. Included with the bid document there is a bid award dating July 22, 2002. If the City of Boynton Beach chooses to piggyback this bid, the cost difference per gallon of peroxide falls by $0.65 per gallon. Where as the cost to the city at the present is $4.05 per gallon, under the new piggyback the price falls to $3.40 per gallon. The yearly savings to the city is estimated to be $33,288.00. If you have any questions or concerns, please do not hesitate to call me at 1-800-749- 7376. Sincerely, /.2 / , WATER TREATMENT CHEMICALS ALTIVIA CORPORATION · ",,"'*'~ IIOO LOUISIANA, SUITE ~ ...... ~"~'"'~ HOUSTON, TEXAS 77OO:~-S217 TELEPHONE: ( 7 I ..~,.! 658-9000 A LTIVlA www. altivia. ¢~Nm - March 25, 2003 Utilities Department At tn: B. ConvoY124 Ne 15Th Ave ~ ~ Boynton Beach, FL 33435-2662 ) c RE: ALTIVIA acquisition of Vulcan Odor & Corrosion control Business Assumption of supply obligations pursuant to existing contracts Affected Products: Hydrogen Peroxide, Nitrazyme, VX-456, Sodium Nitrate, Sodium Nitrite, Sodium Chlorite, Caustic Soda, Polymers, and Corrosion lnhibitors Dear Purchasing Department:: ALTIVIA Corporation recently completed the acquisition of Vulcan Performance Chemicals' Odor & Corrosion Control Business, which includes an assignment to ALTIVIA of Vulcan's existing supply and service contracts as well as exclusive product marketing rights. On April 1, 2003 ALTIVIA will assume the management of the business including the supply of products and services to your water treatment facilities. For your information, enclosed is a copy of press releases announcing this transaction. ALTIVIA transition team has been working diligently to insure the seamless transition of this business and the least amonnt of disruption to your operating and administrative staffs. The sales and service organization that supported your treatment facilities remain unchanged. Furthermore, you will now have the added services and support of ALTIVIA's team of professionals which provide the full range of water treatment products and services in North America. Enclosed you will find information on some of ALTIVIA's products and services. Visit www.altivia.com for additional information. Effective April 1, 2003 all order entry will be handled through ALTIVIA's customer service office in Houston, Texas, toll free 866-ALTIVIA [866-258-48421 and payments should be made to the new address to be depicted in future invoices. This should be a simple transition for you, the customer, as the change will be administrative, affecting only customer service and billing. Field sales and service personnel, product type and manufacture and transportation remain mostly unchanged. In the event that you have any questions or would require additional information relating to this transition, please do not hesitate to contact our customer service department at the above referenced toll free number, or you may contact me directly at 713 658 9000 or gholden~altivia.com. We appreciate your cooperation in completing these changes, and look forward to working with you in evaluating water treatment related solutions. Very truly yours, ALTIVIA Corporation Glenn W. Holden Vice President, Water Treatment Services Enclosures WATER TREATMENT CHEMICALS Lee County Board Of County Commissioners Agenda Item Summary Blue Sheet No. 20020837 1, REQUESTED MOTION: ACTlrON REQUESTED: Approve the award of Formal Request for Quotation No.: Q-020438 Hydrogen Peroxide Solutioh Services for the Control of Sulfide~ in Wastewater for the Lee County Utilities Divisio~ to the low quoter meeting specifications, Vulcan Cl~e~cal Technologies, Inc., dba Vulcan Performance Chemicals for thc unit price of $3.15 per gallon of hydrogen peroxide solution and 50.25 per gallon for the equipment operation, maintenance sampling, monitoring and reporting services. Funding will come from the individual department or division's budget whom w~l[ be respons~le for monitoring their individual expenditures. Term of this quo~tion shall be in effect for fivc (5) years, or until new quotes are taken and awarded. Also, request authority to renew this quote for one (1) additional five-year period at the same terms and eondi~ior~ if' in the best interest of Lee County. WHY ACTION IS NECESSARY: The expenditures for this product necessitates thc usc ora formal ssxitten quotation as outlined within the Lee County Purchasing and Payment Procedures Manual, Section 9. %VHAT ACTION ACCOb{PLISHES: Establishes com[~cfitive prices for the purchase of product and services to be utilized on an as hooded) ~s'hen needed basis for Lee County Utilities. 2. DEPARTSIENTAL CATEGORY: 10 3. MEET~'G DATE: COMMISSION DISTRICT # cW 4, AGENDA: 5. REQUIREME['~r/PURPOSE: 6..REQUESTOR OF INFORMATION: (Specify) X dONSENT STATUTE a. COMSIISSIONER - ^ln, ALS x AC-4- C. CODE , ! 1/\ - PUBLIC · -- OTIq[ER ~ TIRng REqtr~RED: · - ' ' 7. BACKGROUND: ! ~ · . On June 1 !, 2002, the Division of Purchasing received sealed quotations. On that date, fiv.e (5) resl .~. rises ,.ver,e rec~v.e~ hree..were 'N..o~ B!.ds'. ~T~,c, quotations have been thoroughly reviewed and a recommendation is being made to awed me quotation to mc ~OW~l..uo~r. meeting specmcauons, Chemical Technologic, Inc., dba Vulcan performance Chemicals for the peroha~e and delivery of hydrogen peroxide solution (1;3.15/gallon) including thc in-~tall~tion ~nd use of all necessary feed equipment ~nd for the equipment opcnaion & maintenance, .~ampling, and monitoring anlt.~cporting service~ (S01S/gallon). Term of this quotmion shall be in effect for five (5) year, or until new quotes are taken and awarded. Aim. request a~$ority to renew this quote for one (5) five-year period at the s~mae terms and conditions if in the best interest of Lee Count'. Anticipated expenditures ~re estimated at 25140,000.00 annually, AT'fACHMENT$: (1) Tabulation Sheet (2) $pecifi~ations '~ (3) Awm'dedYendor's Submitted Quotalion (4)Department Kecomtnendation 8. MANAGEMENT RECOMMENDATIONS: 9. RECOM2~IENDED APPROVAL: A c ID I v ........ Department Purchasing Human I Other [ Count3' I Budget Ser.vic,4~ Xc: Utilities DivisionCentral Bls Files (Sue) Director or a~sourc~s I kA~Yl ~ ~ 'Il''! 1L Diaz (B/S Only) _ Contracts I ~ I K aT~.,Q~,. ] .t~M' [ Risl Orlando Figueroa I "° ~0. co~vr~n_.4s~ Ac'ri6~,~. .............. qJWVl ~'~"~ ;- ~ :, - i Tom ~:~mot~ __ _ .r ":' Glenn Semanisin __1o ._IZ.~4 ~L AmY Vqhitmat~Z~'~v DENTED ~ ...... '_-' .-'.. :..'. :,i.. :. DEFERRED ~' ' ':' :" ''~' L~':'.' I' '~"7'_-~-'-' '--~ }{ (Operating OD Funds B/S) OTHER [ ,~O"~ -:-. Date: ,~UG 0 8 2t)02 /sdg LEE PROJECT NO.' Q-020438 OPEN DATE: JUNE 11, 2002 COUNTY AND TIME: 2:30 P.M. SOUTHWEST FLORIDA ........................... PRE-BID DATE: MAY 30, 2002 AND TIME: 10:00 A.M. LOCATION: PURCHASING REQUEST FOR QUOTATIONS TITLE: HYDROGEN PEROXIDE SOLUTION SERVICES FOR THE CONTROL OF SULFIDES IN WASTEWATER REQUESTER: LEE COUNTY BOARD OF COUNTY COMMISSIONERS DIVISION OF PURCHASING 3434 HANCOCK BRIDGE PKWY, 3~ FLOOR P.O. BOX 398 FORT MYERS, FL 33902-0398 BUYER: CHERI ALEXANDER, C.P.M., CPPB PURCHASING AGENT PHONE NO.: (239) 689-7385 GENERAL CONDITIONS Sealed Quotations will be received by the DIVISION OF PURCHASING, until 2:30pm on the date specified on the cover sheet of this "Request for Quotations", and opened immediately thereafter by the Purchasing Director or designee. Any question regarding this solicitation should be directed to the Buyer listed on the cover page of this solicitation, or by calling the Division of Purchasing at (239) 689-7385. 1. SUBMISSION OF QUOTE: a. Quotations shall be sealed in an envelope, and the outside of the envelope should be marked with the following information: 1. Marked with the words "Sealed Quote" 2. Name of the fkrm submitting the quotation 3. Title of the quotation 4. Quotation number b. The Quotation shall be submitted in triplicate as follows: I. The original consisting of the Lee County quotes forms completed and signed. 2. A copy of the original quote forms for the Purchasing Director. 3. A second copy of the original quote forms for use by the requesting department. c. The following should be submitted along with the quotation in a separate envelope. This envelope should be marked as described above, but instead of marking the envelope as "Sealed Quote", please indicate the contents; i.e., literature, drawings, submittals, etc. This information should be submitted in duplicate. 1. Any information (either required or in addition to that asked for by the specifications) necessary to analyze your quotation; i.e., required submittals, literature, technical data, financial statements. 2. Warranties and guarantees against defective materials and workmanship. d. ALTERNATE QUOTE: If the vendor elects to submit more than one quote, then the quotes should be submitted in separate envelopes and marked as indicated above. The second, or alternate quote should be marked as "Alternate". e. QUOTES RECEIVED LATE: It is the quoter's responsibility to ensure that his quote is received by the Division of Purchasing Services prior to the opening date and time specified. Any quote received after the opening date and time will be promptly returned to the quoter unopened. Lee County will not be responsible for quotes received late because of delays by a third party deliver3' service; i.e., U.S. Mail, UPS, Federal Express, etc. f. QUOTE CALCULATION ERRORS: In the event there is a discrepancy between the total quoted amount or the extended amounts and the unit prices quoted, the unit prices will prevail and the corrected sum will be considered the quoted price. g. PAST PERFORMANCE: All vendors will be evaluated on their past performance and prior dealings with Lee County (i.e., failure to meet specifications, poor workmanship, late delivery, etc.). h. WITHDRAWAL OF QUOTE: No quote may be withdrawn for a period of 90 days after the scheduled time for receiving quotes. A quote may be withdrawn prior to the quote-opening date and time. Such a request to withdraw should be made in writing to the Purchasing Director, who will approve or disapprove of the request. FORMAL QUOTATION NO.: Q-020438 i. COUNTY RESERVES THE RIGHT: The County reserves the right to waive minor informalities in any quote; to reject any or all quotes with or without cause; and/or to accept the quote that in its judgment will be in the best interest of the County of Lee. j. EXECUTION OF QUOTE: All quotes shall contain the signature of an authorized representative of the quoter in the space provided on the quote proposal form. All quotes shall be typed or printed in ink. The bidder may not use erasable ink. All corrections made to the quote shall be imtialed. 2. ACCEPTANCE The materials and/or services delivered under the quote shall remain the property of the seller until a physical inspection and actual usage of these materials and/or services is accepted to the County and is to be in compliance with the terms hereto, fully in accord with the specifications and of the highest quality. In the event the materials and/or services supplied to the County are found to be defective or do not conform to specifications, the County reserves the right to cancel the order upon written notice to the seller and return such product to the seller at the seller's expense. 3. SUBSTITUTIONS Whenever in these specifications a brand name or make is mentioned, it is the intention of the County only to establish a grade or quality of materials and not to rule out other brands or makes of equality. However, if a product other than that specified is quote, it is the vendor's responsibility to name such product with his quote and to prove to the County that said product is equal to the product specified. Lee County shall be the sole judge as to whether a product being offered by the quoter is actually equivalent to the one being specified by the detailed specifications. (Note: This paragraph does not apply when it is determined that the technical requirements of this solicitation require only a specific product as stated in the detailed specifications. 4. RULES~ REGLrLATIONS~ LAWS~ ORDINANCES & LICENSES The awarded vendor shall observe and obey all laws, ordinances, rules, and regulations, of the federal, state, and local government, which may be applicable to the supply of this product or service. a. Occupational License - Vendor shall submit within 10 calendar days after request. b. Specialty License(s) - Vendor shall possess at the time of the opening of the quote all necessary permits and/or license required for the sale of this product and/or service and upon the request of the County provide copies of licenses and/or permits within 10 calendar days after request. 5. RECYCLED PRODUCTS It is the Lee County Board of County Commissioners' stated policy objective to "Ensure all departments are aware of the availability of recycled products..." (Administrative Code #AC-10-4). In an effort to provide the utmost oppormmty for the use of recycled products by Lee County, vendors should list on their letterhead, all necessary information regarding any applicable recycled products they have available. Recycled products should meet all other specifications listed and have a minimum of 50%-recycled content. Whenever fiscally feasible, available recycled products will be purchased. 6. WARRANTY/GUARANTY .(unless otherwise specified) All materials and/or services furnished under this quote shall be warranted by the vendor to be free from defects and fit for the intended use. 7. PRE-BID CONFERENCE A pre-bid conference will be held at the location, date, and time specified on the cover of this solicitation. Pre-bid conferences are generally non-mandatory, but it is highly recommended that everyone planning to submit a quote attend. FORMAL QUOTATION NO.: Q-020438 In the event a pre-bid conference is classified as mandatory, it will be so specified on the cover of this solicitation and it will be the responsibility of the quoter to ensure that they are represented at the pre-bid. Only those quoters who attend the pre- bid conference will be allowed to quote on this project. 8. BIDDERS LIST MAINTENANCE A bidder should respond to "Request for Quotations" in order to be kept on the Bidder's List. Failure to respond to three different "request for quotations" may result in the vendor being removed from the Bidder's List. A bidder may do one of the following, in order to respond properly to the request: a. Submission of a quotation prior to the quote receipt deadline. b. Submission of a "no bid" notice prior to the quote receipt deadline. 9. LEE COUNTY PAYMENT PROCEDURES All vendors are requested to mail one original invoice and one invoice copy to: Lee County Finance Department Post Office Box 2238 Fort Myers, FL 33902-2238 All invoices will be paid as directed by the Lee County payment procedure unless otherwise differently stated in the detailed specification portion of this quote. Lee county will not be liable for request of payment deriving from aid, assistance, or help by any individual, vendor, quoter, or bidder for the preparation of these specifications. Lee County is generally a tax-exempt entity subject to the provisions of the 1987 legislation regarding sales tax on services. Lee County will pay those taxes for which it is obligated, or it will provide a Certificate of Exemption furnished by the Department of Revenue. All conlractors or quoters should include in their quote all sales or use taxes, which they will pay when making purchases of material or subcontractor's services. 10. LEE COUNTY BID PROTEST PROCEDURE Any contractor/vendor/furn that has submitted a formal bid/quote/proposal to Lee County, and who is adversely affected by an intended decision with respect to the award of the formal bid/quote/proposal, shall file with the County's Purchasing Director or Public Works Director a written "Notice of Intent to File a Protest" not later than seventy-two (72) hours (excluding Saturdays, Sundays and Legal Holidays) after receipt of a "Notice of Intended Decision" from the County with respect to the proposed award of the formal bid/quote/proposal. The "Notice of Intent to File a Protest" is one of two documents necessary to perfect Protest. The second document is the "Formal Written Protest", both documents are described below. The "Notice of Intent to File a Protest" document shall state all grounds claimed for the Protest, and clearly indicate it as the "Notice of Intent to File a Protest". Failure to clearly indicate the Intent to file the Protest shall constitute a waiver of all rights to seek any further remedies provided for under this Protest Procedure. The "Notice of Intent to File a Protest" shall be received ("stamped in") by the Purchasing Director or Public Works Director not later than Four o'clock (4:00) PM on the third working day following the day of receipt of the County's Notice of Intended Decision. The affected party shall then file its Formal Written Protest within ten (10) calendar days after the time for the filing of the Notice of Intent to File a Protest has expired. Except as provided for in the paragraph below, upon filing of the Formal Written Protest, the contractor/vendor/firm shall post a bond, payable to the Lee County Board of County Commissioners in FORMAL QUOTATION NO.: Q-020435 an amount equal to five percent (5%) of the total bid/quote/proposal, or Ten Thousand Dollars ($10,000.00), whichever is less. Said bond shall be designated and held for payment of any costs that may be levied against the protesting contractor/vendor/firm by the Board of County Commissioners, as the result of a frivolous Protest. A clean, Irrevocable Letter of Credit or other form of approved security, payable to the County, may be accepted. Failure to submit a bond, letter of credit, or other approved security simultaneously with the Formal Written Protest shall invalidate the protest, at which time the County may continue its procurement process as if the original "Notice of Intent to File a Protest" had never been filed. Any conn'actor/vendor/fu'rn submitting the County's standard bond form (CSD: 514), along with the bid/quote/proposal, shall not be required to submit an additional bond with the filing of the Formal Written Protest. The Formal Written Protest shall contain the following: · County bid/quote/proposal identification number and title. Name and address of the affected party, and the title or position of the person submitting the Protest. · A statement of disputed issues of material fact. If there are no disputed material facts, the Formal Protest must so indicate. · A concise statement of the facts alleged, and of the rules, regulations, statues, or constitutional provisions, which entitle the affected party to relief. · All reformation, documents, other materials, calculations, and any statutory or case law authority in support of the grounds for the Protest. · A statement indicating the relief sought by the affected (protesting) party. · Any other relevant information that the affected party deems to be material to Protest. Upon receipt of a timely filed "Notice of Intent to File a Protest", the Purchasing Director or Public Works Director (as appropriate) may abate the award of the formal bid/quote/proposal as appropriate, until the Protest is heard pursuant to the informal hearing process as further outlined below, except and unless the County Manager shall fred and set forth in writing, particular facts and circumstances that would require an immediate award of the formal bid/quote/proposal for the purpose of avoiding a danger to the public health, safety, or welfare. Upon such written finding by the County Manager, the County Manager may authorize an expedited Protest heating procedure. The expedited Protest hearing shall be held within ninety-six (96) hours of the action giving rise to the contractor/vendor/firm's Protest, or as soon as may be practicable for all parties. The "Notice of Intent to File a Protest" shall serve as the grounds for the affected party's presentation and the requirements for the submittal of a formal, written Protest under these procedures, to include the requirement for a bond, shall not apply. The Dispute Committee shall conduct an informal hearing with the protesting contractor/vendor/firm to attempt to resolve the Protest, within seven working days (excluding Saturdays, Sundays and legal holidays) from receipt of the Formal Written Protest. The Chairman of the Dispute Coma-dttee shall ensure that all affected parties may make presentations and rebuttals, subject to reasonable time limitations, as appropriate. The purpose of the informal hearing by the Dispute Committee, the protestor and other affected parties is to provide and oppormmty: (1) to review the basis of the Protest; (2) to evaluate the facts and merits of the Protest: and (3) to make a determination whether to accept or reject the Protest. Once a determination is made by the Dispute Committee with respect to the merits of the Protest, the Dispute Committee shall forward to the Board of County Commissioners its recommendations, which shall include relevant background information related to the procurement. Upon receiving the recommendation from the Dispute Committee, the Board of County Commissioners shall conduct a hearing on the matter at a regularly scheduled meeting. Following presentations by the affected parties, the Board shall FORMAL QUOTATION NO.: Q-I)20438 render its decision on the merits of the Protest. If the Board's decision upholds the recommendation by the Dispute Cornrmttee regarding the award, and further finds that the Protest was either frivolous and/or lacked merit, the Board, at its discretion, may assess costs, charges, or damages associated with any delay of the award, or any costs incurred with regard to the protest. These costs, charges or damages may be deducted from the security (bond or letter of credit) provided by the contractor/vendor/firm. Any costs, charges or damages assessed by the Board in excess of the security shall be paid by the protesting contractor/vendor/Ftrm within thirty (30) calendar days of the Board's final determination concerning the award. All formal bid/quote/proposal solicitations shall set forth the following statement: "FAILURE TO FOLLOW THE BID PROTEST PROCEDURE REQUIREMENTS WITHIN THE TIMEFRAMES AS PRESCRIBED HEREIN AND ESTABLISHED BY LEE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA, SHALL CONSTITUTE A WAIVER OF YOUR PROTEST AND ANY RESULTING CLAIMS." 11. PUBLIC ENTITY CRIME Any person or affiliate as defined by statute who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid or a contract to provide any goods or services to the County; may not submit a bid on a contract with the County for the consWaction or repair of a public building or a public work; may not submit bids or leases of real property to the County; may not be awarded or perform works as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact business with the County in excess of $15,000.00 for a period of 36 months from the date of being placed on the convicted vendor list. 12. QUALIFICATION OF QUOTERS (unless otherwise noted) Quotes will be considered only from fn-rns normally engaged in the sale and distribution or provision of the services as specified herein. Quoters shall have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to Lee County. The County reserves the right before recommending any award to inspect the facilities and organization; or to take any other action necessary to determine ability to perform is satisfactory, and reserves the right to reject quotes where evidence submitted or investigation and evaluation indicates an inability of the quoter to perform. 13. MATERIAL SAFETY DATA SHEETS In accordance with Chapter 443 of the Florida Statues, it is the vendor's responsibility to provide Lee County with Materials Safety Data Sheets on quoted materials, as may apply to this procurement. 14. MISCELLANEOUS If a conflict exists between the General Conditions and the detailed specifications, then the detailed specifications shall prevail. 15. WAIVER OF CLAIMS Once this contract expires, or fmal payment has been requested and made, the awarded contractor shall have no more than 30 days to present or file any claims against the County concerning this contract. After that period, the County will consider the Contractor to have waived any right to claims against the County concerning this agreement. 16. AUTHORITY TO PIGGYBACK It is hereby made a precondition of any quote and a part of these specifications that the submission of any quote in response to this request constitutes a quote made under the same conditions, for the same price, and for the same effective period as this quote, to any other governmental entity. FORMAL QUOTATION NO.: Q-020438 17. COUNTY RESERVES THE RIGHT a) State Contract If applicable, the County reserves the right to purchase any of the items m this quote from State Contract Vendors if the prices are deemed lower on State Contract than the prices we receive in this quotation. b) Any Single Large Project The County, in its sole discretion, reserves the right to separately quote any project that is outside the scope of this quote, whether through size, complexity, or dollar value. c) Disadvantaged Business Enterprises The County, m its sole discretion, reserves the right to purchase any of the items in this quote from Disadvantage Business Enterprise vendor if the prices are determined to be in the best interest of the County, to assist the County in the fulfillment of any of the County's grant commilxnents to federal or state agencies. The County further reserves the right to purchase any of the items in this quote from DBE's to fulfill the County's state policy toward DBE's as outlined in County Ordinance 8845 and 90-04, as amended. d) Anti-Discrimination The vendor for itself, its successors in interest, and assignees, as part of the consideration there of covenant and agree that: In the furnishing of services to the County hereunder, no person on the grounds of race, religion, color, age, sex, national origin, handicap or marital status shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. The vendor will not discriminate against any employee or applicant for employment because of race, religion, color, age, sex, national origin, handicap or marital status. The vendor will make affirmative efforts to insure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, age, sex, national origin, handicap or marital status. Such action shall include, but not be limited to, acts of employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Vendor agrees to post m a conspicuous place, available to employees and applicants for employment, notices setting forth the provisions of this anti-discrimination clause. Vendor will provide all information and reports required by relevant regulations and/or applicable directives. In addition, the vendor shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the County to be pertinent to ascertain compliance. The vendor shall maintain and make available relevant data showing the extent to which members of minority groups are beneficiaries under these contracts. Where any information required of the vendor is in the exclusive possession of another who fails ore refuses to furnish this information, the vendor shall so certify to the County its effort made toward obtaining said information. The vendor shall remain obligated under this paragraph until the expiration of three (3) years after the termination of this contract. In the event of breach of any of the above anti-discrimination covenants, the County shall have the fight to impose sanctions as it may determine to be appropriate, including withholding payment to the vendor or canceling, terminating, or suspending this contract, in whole or in part. FORMAL QUOTATION NO.: Q-020435 Additionally, the vendor may be declared ineligible for further County contracts by role, regulation or order of the Board of County Conmmssioners of Lee County, or as otherwise provided by law. The vendor will send to each union, or representative of workers with which the vendor has a collective bargaining agreement or other contract of understanding, a notice informing the labor union of worker's representative of the vendor's comnUtments under this assurance, and shall post copies of the notice in conspicuous places available to the employees and the applicants for employment. The vendor will include the provisions of this section in every subcontract under this contract to insure its provisions will be binding upon each subconlxactor. The vendor will take such actions with respect to any subcontractor, as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance. 18. AUDITABLE RECORDS The awarded vendor shall maintain auditable records concerning the procurement adequate to account for all receipts and expenditures, and to document compliance with the specifications. These records shall be kept in accordance with generally accepted accounting methods, and Lee County reserves the right to determine the record-keeping method required in the event of non-conformity. These records shall be maintained for two years after completion of the project and shall be readily available to County personnel with reasonable notice, and to other persons in accordance with the Florida Public Disclosure Statues. 19. DRUG FREE WORKPLACE Whenever two or more quotes/proposals, which are equal with respect to price, quality and service, are received for the procurement of commodities or contractual services, a quote/proposal received from a business that certifies that it has implemented a drag-free workplace program shall be given preference in the award process. In order to have a drag-free workplace program, a business shall comply with the requirements of Florida Statutes 287.087. 20. REQUIRED SUBMITTALS Any submittals requested should be returned with the quote response. This information may be accepted after opening, but no later than 10 calendar days after request. 21. TERMINATION Any agreement as a result of this quote may be terminated by either party giving thirty (30) calendar days advance written notice. The County reserves the right to accept or not accept a term/nation notice submitted by the vendor, and no such termination notice submitted by the vendor shall become effective unless and until the vendor is notified in writing by the County of its acceptance. The Purchasing Director may immediately terminate any agreement as a result of this quote for emergency purposes, as defined by the Lee County Purchasing and Payment Procedure Manual. Any vendor who has voluntarily withdrawn from a formal quote/proposal without the County's mutual consent during the contract period shall be barred from further County procurement for a period of 180 days. The vendor may apply to the Board of Lee County Commissioners for waiver of this debarment. Such application for waiver of debarment must be coordinated with and processed by Purchasing. 22. CONFIDENTIALITY Vendors should be aware that all submittals (including financial statements) provided with a quote/proposal are subject to public disclosure and will not be afforded confidentiality. FORMAL QUOTATION NO.: Q-020438 23. ANTI-LOBBYING CLAUSE All firms are hereby placed on formal notice that neither the County Commissioners nor candidates for County Commission, nor any employees from the Lee County Government, Lee County staff members, nor any members of the Qualification/Evaluation Review Committee are to be lobbied, either individually or collectively, concerning this project. Firms and their agents who intend to submit qualifications, or have submitted qualifications, for this project are hereby placed onforma! notice that they are not to contact County personnel for such purposes as holding meetings of introduction, meals, or meetings relating to the selection process outside of those specifically scheduled by the County for negotiations. Any such lobbying activities may cause immediate disqualification for this project. 24. INSURANCE (AS APPLICABLE) Insurance shall be provided, per the attached insurance guide. Upon request, an insurance certificate complying with the attached guide may be required prior to award. FORMAL QUOTATION NO.: Q-020435 LEE COUNTY, FLORIDA PROPOSAL QUOTE FORM FOR HYDROGEN PEROXIDE SOLUTION SERVICES FOR THE CONTROL OF SULFIDES IN WASTEWATER DATE SUBMITTED: VENDOR NAME: TO: The Board of County Commissioners Lee County Fort Myers, Florida Having carefully examined the "General Conditions", and the "Detailed Specifications", all of which are contained herein, the Undersigned proposes to furnish the following, which meet these specifications: The undersigned acknowledges receipt of Addenda numbers: Lee County Commodity Code: 96896 Description Unit Price per Gallon Specify Product Name Of 50% Hydrogen Peroxide Solution 1. Delivered Hydrogen Peroxide Solution Product Including The Installation And Use Of All Necessary Feed Equipment; 2. Equipment Operation and Maintenance, Sampling, Monitoring and Reporting Services Total Cost TO BE (DELIVERED/STARTED) WITHIN CALENDAR DAYS AFTER RECEIPT OF AWARD AND PURCHASE ORDER. Is your firm interested in being considered for the Local Vendor Preference? Yes No If yes, then read the paragraph entitled "Local Vendor Preference" included in these specifications. Also complete the Local Vendor Preference Questionnaire and return with your quotation. Quoters should carefully read all the terms and conditions of the specifications. Any representation of deviation or modification to the quote may be grounds to reject the quote. Are there any modifications to the quote or specifications: Yes No 10 FORMAL QUOTATION NO.: Q-020438 Failure to clearly identify any modifications in the space below or on a separate page may be grounds for the quoter being declared nonresponsive or to have the award of the quote rescinded by the County. MODIFICATIONS: Quoter shall submit Ms/her quote on the County's Proposal Quote Form, including the firm name and authorized signature. Any blank spaces on the Proposal Quote Form, qualifying notes or exceptions, counter offers, lack of required submittals, or signatures, on County's Form may result in the Quoter/Quote being declared non-responsive by the County. ANTI-COLLUSION STATEMENT THE BELOW SIGNED QUOTER HAS NOT DIVULGED TOt DISCUSSED OR COMPARED HIS QUOTE WITH OTHER QUOTERS AND HAS NOT COLLUDED WITH ANY OTHER QUOTER OR PARTIES TO A QUOTE WHATSOEVER. NOTE: NO PREMILrMS~ REBATES OR GRATUITIES TO ANY EMPLOYEE OR AGENT ARE PERMITTED EITHER WITH~ PRIOR TOt OR AFTER ANY DELIVERY OF MATERIALS. ANY SUCH VIOLATION WILL RESULT IN THE CANCELLATION AND/OR RETURN OF MATERIAL (AS APPLICABLE} AND THE REMOVAL FROM THE MASTER BIDDERS LIST. FIRM NAME BY (Printed): BY (Signature): TITLE: FEDERAL ID # OR S.S.# ADDRESS: PHONE NO.: FAX NO.: CELLULAR PHONE/PAGER NO.: LEE COUNTY OCCUPATIONAL LICENSE NUMBER: E-MAIL ADDRESS: REVISED: 7/28/00 11 FORMAL QUOTATION NO.: Q-020438 LEE COUNTY, FLORIDA DETAILED SPECIFICATIONS FOR HYDROGEN PEROXIDE SOLUTION SERVICES FOR THE CONTROL OF SULFIDES IN WASTEWATER PART 1 - GENERAL 1.1 SCOPE 1.1.1 General The specification is to contract the SUPPLIER to provide 50% w/w hydrogen peroxide solution, for the purpose of reducing wastewater sulfide concentrations in the sewer collection system as part of the County's odor and corrosion control program~ The SUPPLIER shall also provide all necessary feed equipment, monitoring and reporting services. The scope of work shall include: · Supply and deliver the 50% w/w hydrogen peroxide solution to the feed sites. · Provide, install and maintain all necessary feed equipment to include but not limited to dual feed pumps, solution storage tanks, piping and valves, solution flow measuring devices, safety equipment and other appurtenances. Double walled containment must be provided for the hydrogen peroxide solution storage. The equipment shall remain the property of the SUPPLIER and shall be furnished for use at the feed site as long as the COUNTY purchases hydrogen peroxide solution from the SUPPLIER. · Operate and maintain in proper working order all components of the feed system. · SUPPLIER shall monitor and recommend feed rate adjustments to the COUNTY of the hydrogen peroxide solution product at these feed points to effectively remove odor and corrosion causing wastewater sulfides at thc downstream control point to I mg/L or less. The COUNTY must first approve all feed rate adjustments. · Provide sampling, monitoring and reporting services for cost-effective use of the hydrogen peroxide solution. 1.1.2 Feed Sites The COUNTY currently has two feed sites, PS 332 (Custom Road) and PS 371 (Horizon Aparmaents) that are shown on the Attachment B. These feed sites have existing potable water and electrical service and fencing. SUPPLIER and the COUNTY shall monitor and adjust the feed rate of the hydrogen peroxide solution at these feed points to effectively remove odor and corrosion causing sulfides at the downstream control point. The COUNTY is not obligated to contract for any minimum quantity of hydrogen peroxide solution or minimum number of feed sites during the period of this contract. The COUNTY also reserves the right to increase the number of feed sites and provide 30 days notice to the SUPPLIER. 1.2 SUPPLIER 1.2.1 The SUPPLIER of the 50%w/w hydrogen peroxide solution shall be one recognized and established in the field of wastewater sulfide control. 1.2.2 The SUPPLIER shall be capable of providing on-site tedmical assistance within 24 hours of notification. 1.2.3 The SUPPLIER shall provide delivery of the hydrogen peroxide solution within 48 hours of order placement. 1.2.4 To the fullest extent permitted by law, the SUPPLIER shall indemnify and hold harmless the COUNTY, its 12 FORMAL QUOTATION NO.: Q-02O438 employees and agents, from and against all claims, damages, losses and expense, including reasonable attorney's fees, arising out of or resulting from the performance of the Supplier's operations under this contract. 1.3 SUBMITTALS: 1.3.1 Product Information SUPPLIER shall submit the following product information: a. Technical specification of the composition of the hydrogen peroxide solution. b. Material Safety Data Sheet of the hydrogen peroxide solution. c. Test results of a Florida State certified laboratory showing the corresponding hydrogen peroxide strength, specific gravity and density. 1.3.2 Supplier's Experience The SUPPLIER must provide a list of references currently using the hydrogen peroxide solution for the control of wastewater dissolved sulfides and hydrogen sulfide gas in sewer systems. The list shall contain telephone numbers and contact names. a. Reference Utility/Company, contact name, title, address and telephone number. b. Quantities of solution used in gallons per day. c. Description of the solution feed equipment installed. d. Number of year's hydrogen peroxide solution was used. 1.4 SUBSTITUTIONS The 50% w/w hydrogen peroxide solution shall be provided in strict compliance with these specifications. Any bid for hydrogen peroxide solution with deviations from these specifications shall be considered non-responsive and shall not be considered. 1.5 CHANGING OF SUPPLIERS The COUNTY shall coordinate with the current SUPPLIER and the successful bidder for the equipment change out activities to minimize discontinuation of hydrogen peroxide solution feed to 3 hours or less at the feed sites. This change out shall be performed during the low wastewater flow time of the day (2pm to 5pm). PART 2 - PRODUCT, EQUIPMENT AND SERVICE REQUIREMENTS 2.1 PRODUCT REQUIREMENTS 2.1.1 Technical Requirements A. The material shall be a stabilized liquid phase solution comprising of 50%w/w hydrogen peroxide. It shall be delivered, stored, and fed into the wastewater via standard liquid-phase chemical handling procedures when delivered to the feed site. Following are the chemical and physical properties of the of 50%w/w hydrogen peroxide: Active Oxygen 23.5% Specific Gravity 1.19 ~ 20°C Density 9.98 lbs/gal ~ 20°C 13 FORMAL QUOTATION NO.: Q-020438 B. The COUNTY will required the successful bidder to provide an analytical report of the active oxygen, specific gravity and density analyzed on a sample of the 50% w/w hydrogen peroxide solution at the start-up of the project. The SUPPLIER in the presence of COUNTY staffwill take this sample. A Florida State Certified Laboratory must perform these analyses, and the SUPPLIER shall pay for the shipping and analytical cost of these analyses. 2.1.2 Safety Requirements A. Sara Title III Section 311/312, classifies hydrogen peroxide as an immediate health hazard and a fire hazard B. Transportation, storage and handling of the hydrogen peroxide solution must comply with all Federal, State and Local Department of Transportation, OSHA requirements, and any other applicable regulatory agencies requirements. B. The SUPPLIER and of all personnel handling the hydrogen peroxide solution shall adhere to all OSHA recommended safety procedures for the hydrogen peroxide solution. 2.2 EQUIPMENT REQUIREMENTS 2.2.1 Liquid Feed System The storage and feed equipment material of construction shall be fully compatible with the 50%w/w hydrogen peroxide solution. A. The feed system panel shall be a NEMA 4 totally enclosed system, HOA, wired for 110-volt. System shall contains 2 pumps, with at least one pump controllable by a 24 hr timer, calibration cylinder, exhaust fan if needed and related piping, valves and appurtenances. System also contains anti-siphon/back pressure regulator, and is designed with leak containment. B. Pumps - Pumps shall be skid-mounted, portable, and capable of easy removal and transport. All parts of the pump ,. contact with the hydrogen peroxide solution must be compatible with the product. Piping shall include antiphon valve, backflow presenter, and pressure gauge. Each pump shall be wh'ed for 110V AC/5 AMP and provided with a separate operational control system. All wiring and electrical work shall be performed in accordance with the National Electrical Code. All motors and control shall be rated for outdoor use and enclosed in adequately rated NEMA enclosures. One of the 2 chemical pumps shall also be wired for timer operation. C. Storage Tanks - All storage tanks shall be properly labeled prior to initial chemical fill. Tanks shall be constructed of a material fully compatible with the hydrogen peroxide solution. Provide solution storage tank for preferably 30 days storage, and at least 2 weeks storage. Tanks for hydrogen peroxide solution storage shall be double wall constructed of polyethylene with special UV light stabilizers and no titanium or carbon based pigments (Phillips resin or eg.). High purity aluminum (5254) may also be used. Tank shall be equipped with stainless steel fill line, aluminum quick connects, and a 16" minimum combined manway and vent. Tank shall be rated for minimum 10-lbs./gallon density. Tank level shall be monitored with an ultrasonic transducer with LED display. D. Piping, Valves, and Fittings - All materials shall be constructed of a material fully compatible with the hydrogen peroxide solution. All materials in contact with hydrogen peroxide solution shall be stainless steel with Teflon or Viton seals and O- rings. Vented ball valves are required to prevent internal pressure buildup. Pressure relief valves shall be used in lines where hydrogen peroxide could be trapped. E. Calibration Cylinder - Chemical feed system shall include a calibration tube used for measuring pump output. 14 FORMAL QUOTATION NO.: Q-020438 2.3 SERVICE REQUIREMENTS 2.3.1 Feed Sites and Control Points Attachment B shows the hydrogen peroxide solution feed sites and the downstream sulfide control points and the control levels required. The historic usage rate of hydrogen peroxide solution is 32 gallons per day for Pump station 332, and 14 gallons per day for Pump Station (Horizon) 371. 2.3.2 Sulfide Control Levels The SUPPLIER must adjust the solution feed rate to achieve 1 mg/L or less of sulfides in the downstream control points as shown in Attachment B. The goal of 1 mg/L or less of sulfides in the wastewater is the result of an agreement between the City and COUNTY staff, to control odors in the County's portion of the flow entering the City of Fort Myers WWTP. 2.3.3 Residual Hydrogen Peroxide Monitoring SUPPLIER must optimize feed rates such that residual hydrogen peroxide concentrations in the wastewater flow at the control points must not exceed I mg/L. This is especially important from the economics point of view and also to avoid excess hydrogen peroxide an oxidant, from entering the City's Bardenpho process, which has an anoxic zone as the first zone of treatment. 2.3.4 Monitoring and Reporting Frequency Hydrogen peroxide feed equipment must be checked for proper operation at a frequency of once per week. Sampling for downstream dissolved sulfides, temperature and residual hydrogen peroxide in the wastewater and hydrogen sulfide gas at the control points shall be performed at a frequency of once per week. Monthly reports shall be submitted to the COUNTY within the first week of the month for the previous month's data. An annual report shall also be submitted. PART 3 - EXECUTION 3.1 SULFIDE CONTROL PRODUCT DELIVERY 3.1.1 Tanker trucks equipped with state certified printing meters shall deliver the hydrogen peroxide solution. Printed meter tickets reflecting the amount of solution delivered shall be submitted to the COUNTY staff. COUNTY staff shall be given at least 24 hours notice, preferably 48 hours notice of the exact delivery time. 3.1.2 The SUPPLIER shall be responsible for the safe, clean delivery of the hydrogen peroxide solution into the storage tanks. The SUPPLIER shall provide prompt clean up of any spills made during delivery. 3.1.3 The SUPPLIER shall be responsible for the proper labeling of storage tanks in compliance with local, state and federal requirements. The SUPPLIER shall not deliver the hydrogen peroxide solution into any tank or vessel, which is not properly labeled. 3.2 EQUIPMENT INSTALLATION, START-UP, AND OPTIMIZATION Equipment installation and start-up is the responsibility of the SUPPLIER. The SUPPLIER shall optimize the feed rate with approval from the COUNTY. 3.2.1 Routine Monitoring, Optimization, and Data Analysis Routine monitoring is needed due to the changing conditions caused by seasonal variations or process changes within the system. This monitoring will provide the data necessary to adjust dosing levels to assure optimum sulfide control at minimum product costs. The SUPPLIER shall monitor the County's system weekly by collecting data to determine H2S gas levels, wastewater dissolved sulfides, temperature, and residual hydrogen peroxide. This data shall be evaluated and monthly reports charting trends and showing control levels, shall be prepared and submitted to the COUNTY. Recommended changes in 15 FORMAL QUOTATION NO.: Q-020438 dosing rates to control changing conditions shall also be provided to the COUNTY. After reviewing the monthly monitoring data, the SUPPLIER shall deterrmne the required feed rate changes to insure that the system optirmzation is being achieved. The COUNTY needs to first approve any increase in feed rates over the historic solution monthly use rates. Provide an annual report summarizing by month, the amount of hydrogen peroxide delivered, the amount used, the feed rate of each pump, and the weekly H2S gas levels, wastewater dissolved sulfides, temperature, and residual hydrogen peroxide at the control points for each feed site. The COUNTY reserves the right to perform occasional independent checks on the Supplier's sampling activities and feed rates adjustments. 3.2.2 Sampling Methods All samples collected for analysis will be grab samples. Acceptable methods of analysis are listed below: PARAMETER METHOD Hydrogen sulfide, Method 4500-8'D as described in mg/1 Standard Methods for the Analysis of Water and Wastewater, 17th Ed. Residual H202 H202 Residual as mg/L, Merck Quantofix Strips Hydrogen sulfide Draeger Model 1901, or equal in air, ppm Wastewater Temperature NBS calibrated thermometer 3.2.3 Equipment Maintenance The SUPPLIER shall maintain all the storage and feeding equipment. Major and minor preventative maintenance shall be carried out on an on-going basis. To ensure the integrity of the hydrogen peroxide storage tanks, these tanks shall be replace with new double walled containment every five-years of use. 3.2.4 Emergency Response Should the COUNTY staffnotice a leak developed with the Supplier's feed equipment, the COUNTY shall notify the SUPPLIER immediately. In such an instance, the SUPPLIER shall immediately take all necessary actions and assume all costs to stop the leak, clean up the spill and repair any damaged caused. In the event the SUPPLIER f'mds a leak or spill of the feed equipment, the SUPPLIER shall immediately notify the COUNTY staff and the SUPPLIER shall be responsible for verbal and written notification of all applicable regulatory agencies within the required tn'ne frame. The SUPPLIER shall also be responsible for any regulatory fines incurred and assume all costs to stop the leak, clean up the spill and repair any damaged caused. 3.2.5 Safety Training After the feeding equipment is in place, the SUPPLIER shall hold a safety training session for the COUNTY staff prior to start-up of the feed system. The COUNTY shall coordinate with the SUPPLIER to conduct safety training of all new personnel introduced into the work area on an as-needed basis. Safety equipment and training services shall meet all State and Federal government requirements. 16 FORMAL QUOTATION NO: Q-020438 4.0 CONTRACT PERIOD The contract resulting from this solicitation shall be as specified in the TER~M section of this Request for Quotations. During this time period, the COUNTY may order services as the requirements generate and the SUPPLIER will deliver the services. It is understood that the COUNTY is not obligated to purchase any specific quantity of hydrogen peroxide solution and services under this contract. If the COUNTY is unsatisfied with the performance o£ the Supplier's product or services, the COUNTY may cancel this contract, in whole or in part, by giving 30 days prior written notice to the SUPPLIER. 5.0 BID PRICE The bid prices shall remain firm during the period of the contract. Prices shall be based on a cost per gallon for: - Delivered 50% w/w hydrogen peroxide solution product including the installation and use of all necessary feed equipment. Equipment operation and maintenance, sampling, monitoring and reporting services. 6.0 TERM OF QUOTE This quote shall be in effect for five years, or until new quotes are taken and awarded. This quote (or any portion thereof) has the option of being renewed for one additional five-year period, upon mutual agreement of both parties, under the same terms and conditions. During this time period, the COUNTY may order services as the requirements generate and the SUPPLIER will deliver the services. It is understood that the COUNTY is not obligated to purchase any specific quantity of nitrate solution and services under this contract. If the COUNTY is unsatisfied with the performance of the Supplier's product or services, the COUNTY may cancel this contract, in whole or in part, by giving 30 days prior written notice to the SUPPLIER. 7.0 BID PRICE The bid prices shall remain fn'm during the period of the contract. Quotes are to be based on firm prices delivered F.O.B. as directed to the location specified herein, Lee County, Florida. Any water or wastewater system that Lee County Utilities acquires through contract operations or direct purchase shall receive the same price structure. Prices shall be provided on Proposal Quote Form, page 10 on a per gallon cost basis for: - Delivered 50% hydrogen peroxide solution product including the installation and use of all necessary feed equipment. - Equipment operation and maintenance, sampling, monitoring and reporting services. 8.0 BASIS OF AWARD Lee County reserves the fight, at the Purchasing Director's discretion, not to award certain items on the Proposal Quote Form. The basis of award for this quote will be low quoter meeting specifications at Lee County's sole discretion. Lee County reserves the right to reject unbalanced quotes (a quote where a normally low cost item is priced well out of the normal range). 17 FORMAL QUOTATION NO.: Q-020438 9.0 CONTRACT A purchase order will serve as the contract. 10.0 SUMMARY REPORTS Upon completion of each six-month period of the quote, the awarded vendor shall be responsible for furnishing a summary report to Purchasing. This report shall include the previous six months history, showing at a minimum, the following information: 1) Total dollars expended per item, 2) Total quantity of each item purchased. 11.0 MAJOR BREAKDOWNS/NATURAL DISASTERS Lee County requires that the awarded vendor provide the name of a contact person and phone number which will afford Lee County access twenty-four hours per day, 365 days per year, of this product or service in the event of major breakdowns or natural disasters. Lee County reserves the right to purchase the product or service listed in this quotation elsewhere in an emergency situation. 12.0 LOCAL BIDDER'S PREFERENCE Note: In order for your £n-m to be considered for the local vendor preference, you must complete and return the attached "Local Vendor Preference Questionnaire" with your quotation. The Lee County Local Bidder's Preference Ordinance No. 00-10 is being included as part of the award process for this project. As such, Lee County at its sole discretion, may choose to award a preference to any qualified "Local Contractor/Vendor" in an amount not to exceed 3 % of the total amount quoted by that firm. "Local Contractor / Vendor" shall mean: a) any person, fro-n, partnership, company or corporation whose principal place of business in the sole opinion of the County, is located within the boundaries of Lee County, Florida; or b) any person, fLrm, partnership, company or corporation that has provided goods or services to Lee County on a regular basis for the preceding consecutive five (5) years, and that has the personnel, equipment and materials located within the boundaries of Lee County sufficient to constitute a present ability to perform the service or provide the goods. The County reserves the exclusive right to compare, contrast and othenvise evaluate the qualifications, character, responsibility and fitness of all persons, firms, partnerships, companies or corporations submitting formal bids or formal quotes in any procurement for goods or services when making an award in the best interests of the County. 18 FORMAL QUOTATION NO.: Q-020438 GUIDE "A" INSURANCE REQUIREMENTS FOR PRODUCTS YOUR CERTIFICATE OF INSURANCE MUST MEET THE FOLLOWING REQUIREMENTS Requirement gl :The Lee County Board of County Commissioners shall be added as an additional insured on the comprehensive general liability policy. Requirement #2:Certificate holder shall be listed as follows: Lee County Board of County Commissioners C/O Lee County Purchasing P.O. Box 398 Fort Myers, FL 33902 Requirement #3:Each policy shall provide a 30 day notification clause in the event of cancellation, non-renewal or adverse change. This Standard Insurance Language is to be utilized for Contracts, or Agreements meeting these circumstances. Certain conditions and/or exposures may not relieve or limit the liability of the vendor. These requirements may not be sufficient or adequate to protect the vendor's interests or liabilities, but are merely mums. Circumstances Project is for vendors providing a tangible product, and not labor, such as, but not limited to, hardware, supplies, and other merchandise. Worker's Compensation Statutory benefits as defined by FS 440 encompassing all operations contemplated by this contract or agreement to apply to all o~vners, officers, and employees regardless of the number of employees. Individual employees may be exempted per State Law'. Employees liability will have minimum limits of: $100,000 per accident $500,000 disease limit $100,000 disease limit per employee Commercial General Liability Coverage shall apply to premised and/or operations, products and/or completed operations, independent contractors, contractual liability, and broad form property damage exposures with minimum limits of: $100,000 bodily injury per person (BI) $300,000 bodily injury per occurrence (BI) $100,000 property damage (PD) or $300,000 combined single limit (CSL) of BI and PD 19 FORMAL QUOTATION NO.: Q-020438 Business Automobile Liability If the vendor indicates on the price page that vehicles other than their own (common carrier) will be used for delivery, then the following Automobile Liability will not be required. Coverage shall apply to owned vehicles and/or hired and non-owned vehicles and employee non-ownership use with minimum limits off $100,000 bodily injury per person (BI) $300,000 bodily injury per occurrence (BI) $100,000 property damage (PD) or $300,000 combined single limit (CSL) of BI and PD Certificate of Insurance An original hand signed certificate shall be on file with and approved by the Lee County Risk Management Office prior to the commencement of any work activities. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate shall be on file with Risk Management at least 15 days prior to the expiration date. Revised 10/18/00 20 FORMAL QUOTATION NO.: Q-020438 ATTACHMENT A LOCAL VENDOR PREFERENCE QUESTIONNAIRE (LEE COUNTY ORDINANCE NO. 00-10) Instructions: Please complete either Part A or B whichever is applicable to your finn PART A: VENDOR'S PRINCIPAL PLACE OF BUSINESS IS LOCATED V~ITHIN LEE COUNTY (Only complete Part A if your principal place of business is located within the boundaries of Lee County) 1. What is the physical location of your principal place of business that is located within the boundaries of Lee County, Florida? 2. What is the size of this facility (i.e. sales area size, warehouse, storage yard, etc.) PART B: VENDOR'S PRINCIPAL PLACE OF BUSINESS IS NOT LOCATED WITHIN LEE COUNTY OR DOES NOT HAVE A PHYSICAL LOCATION WITHIN LEE COUNTY (Please complete this section.) 1. How many employees are available to service this contract? 2. Describe the types and amount of equipment you have available to service this contract. 3. Describe the types and amount of material stock that you have available to service this contract. 4. Have you provided goods or services to Lee County on a regular basis for the preceding, consecutive five years? Yes No If yes, please provide your contractual history with Lee County for the past five, consecutive years. Attach additional pages if necessary. 21 FORMAL QUOTATION NO.: Q-020438 LEE COUNTY PURCHASING SERVICES - BIDDERS CHECK LIST IMPORTANT: Please read carefully and return with your bid proposal. Please check off each of the following items as the necessary action is completed: 1. The Quote has been signed. 2. The Quote prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The original (must be manually signed) and 2 copies of the quote have been submitted. 5. Three (3) identical sets of descriptive literature, brochures and/or data (if required) have been submitted under separate cover. 6. All modifications have been acknowledged in the space provided. 7. All addendums issued, if any, have been acknowledged in the space provided. 8. Erasures or other changes made to the quote document have been initialed by the person signing the quote. 9. Bid Bond and/or certified Check, (if required) have been submitted with the quote in amounts indicated. 10. Any Delivery reformation required is included. 11. The mailing envelope has been addressed to: Lee County Purchasing Services Lee County Purchasing P.O. Box 398 or 3434 Hancock Bridge Pkwy 3rd FL Ft. Myers, FL 33902-0398 N. Ft. Myers, FL 33903 12. The mailing envelope MUST be sealed and marked with: Quote Number Opening Date and/or Receiving Date 13. The quote will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise quote cannot be considered or accepted.) 14. If submitting a "NO BID" please write quote number here and check one of the following: Do not offer this product __Insufficient time to respond. Unable to meet specifications (why) Unable to meet bond or insurance requirement. Other: Corapany Name and Address: 22 FORMAL QUOTATION NO.: Q-020438 ATTACHMENT B 23 ATTACHMENT B LIFT STATION #332 CUSTOM DRIVE U.S. 41 SOUTH L,S. #332 US ~1 SOUTH RIGHT ON CUSTOM DIRVE FOLLOW ROAD TO LEFT. I/Fl' ST/~TION AT END OF ROAD ON THE LEFT SIDE ATTACttMENT B LIFT STATION 4/'371 HORIZON APARTMENTS S(I~MERHN ROAD 5352 L.S. '1 #371 SLIM'4ERLIN iROAI~ SCK1TH OF BOY SCOUT DRIVE RIGHT AT HORIZONS APT LIFT STATICIJI't LF~ SIDE OF COMPI FX ACROSS FROM 5352 BalLDING V.-CONSENT AGENDA ITEM B.4 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) '[] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to award the bid for: "Two Year Contract for the Purchase of Uniforms" - Bid g062-1412-03 to Special Products Group of Boynton Beach, Florida with an estimated annual expenditures of $250,000. for the contract period July 15, 2003 to July 14, 2005. EXPLANATION: In several pre-agenda meetings the City Commission has requested staff to pursue more local vendors. In view of this request staff felt it would be beneficial to have a local company handle our uniform bids. Therefore in the bid specs for uniforms we required the responding firms be located in Palm Beach County. The following companies met that qualification and submitted bids - Aramark Uniform Services; JR Manno Uniforms and Special Products Group. Martins Lamar Uniforms also submitted a bid, however since they have no offices located within Palm Beach County their bid was not considered. Staff's reasoning for requiring the company to be located in Palm Beach County are as follows: · Employees (especially Police & Fire personnel) can be sent directly to the company for measuring and fitting instead of our Warehouse employees having to do this. · Employees can deal directly with the company relative to alterations and not have to go through Warehouse personnel. · If company does measuring and uniforms are not fitted properly they would have to make alterations at no change to city. · Uniforms can be picked up directly from vendor and not have to be shipped which adds to delivery time. Once the bids were received and reviewed it was determined to Specific Products Groups was the lowest qualifying bidder. Representatives from both the Police and Fire Departments wear tested the uniforms and we have received statements from both departments that they have no issue with the quality. (statements are attached) In response to statements made at the City Commission Meeting of July 15, 2003 by Martin's representatives staff gives the following responses. Martin's price is 40% lower than SPG. Based on the attached Uniform Cost Comparison sheet you will see Martin's current pricing vs SPG proposed pricing shows a 2% increase by SPG. We are unsure how Martin's came up with a 40% savings. The only way there could be that much savings would be in the cost of the jacket for the Police Dept. Martin's had proposed a lower quality jacket at about one-half the cost of the jacket that the Police Dept. has authorized. SPG's pricing included the higher quality jacket. S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Martin's has done business with the City for over 15 years. Martin's has been providing the City uniforms for over 15 years. However in the past few years the City has been experiencing problems with orders being filled in a timely manner, orders not correct when received thus delaying the time employees received their uniforms. With the company being located in Ft. Lauderdale and uniforms being shipped from Tampa there is extra delay time since everything has be to sent by UPS. PROGRAM IMPACT: The purpose of this bid is to secure prices for a period of two (2) years for the purchase of uniforms for the Police, Fire and general employees of the City. FISCAL IMPACT: Total estimated annual expenditures are $250,000. Each department budgets for their share of this cost based on the number of uniforms issued for their department/division. ALTERNATIVES: None since most union contracts require the City provide employees uniforms. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC I Reese, Diane ' From: DeMauro, Dominic Sent: Thursday, July 17, 2003 12:03 PM To: Reese, Diane Subject: FW: Uniform pants - Wear Testing Dominic DeMaum Warehouse Manager (561) 742-6324 demau rod @ ci.boynton-beach.fl, us Original M~ From: Ness, Jim Sent:: Thursday, 3uly t7, 2003 10:48 AN To: OeMauro, Dominic Cc: Uu, David Sub'je¢l= Uniform pants - Wear Testing Dominic I have yet to receive any negative reports by our shift personnel regarding our wear testing of the EMS pants provided by SPG. Generally any wear or quality problems concerning any of our uniform issues would be quickly communicated back to me. The absence of any negative comments indicates an acceptance of the garments by our firefighters. The quality of the pants is not an issue. Regards Jim Ness Deputy Fire Chief Boynton Beach Fire Rescue Department Tel: 561.742.6333 Fax: 561.742.6334 Reese, Diane From: DeMauro, Dominic Sent: Monday, July 21,2003 10:08 AM To: Reese, Diane Subject: FW: SPG Uniforms Dominic DeMauro Warehouse Manager (561) 742-6324 demau rod @ ci.boynton-beach.fl, us Original ~4essage~ From: [mmler, Natt Sent: Non(lay, .]uN 2~., 2003 [0:08 AN To: 0eNouro, Dominic Subject: SPG Uniforms Dominic, This is to advise you that those uniforms and accessories purchased from Specialty Supply Group in Boynton Beach have been of good quality. At this point we have no complaints concerning those items obtained from SPG. G. Matthew Immler Assistant Chief of Police Uniform cost comparison Martin's SPG's Current Proposed % Cost for uniforms for a new employee Pricing Pricing difference Police Officer 5 pants S 120.25 S 127.50 5 short sleeve shirts 121.25 132.50 1 jacket 235.00 235.00 $ 476.50 $ 495.00 3.88% Firefighter 3 EMS pants 94.50 94.50 1 workshirt 19.85 21.35 1 work Trousers (all cotton) 17.00 16.00 $ 131.35 $ 131.85 0.38% General Employee 5 pants 96.50 1 11.25 5 workshirts (short sleeve) 63.40 45.00 $ 159.90 $ 156.25 -2.28% Total $ 767.75 $ 783.10 2.00% Staff feels the cost of staff time saved by having a local company to handle the measuring would be more than a 2% savings. Representatives from the Fire Dept., Police Dept and Warehouse were on the committee who reviewed the bids and wear tested the uniforms for quality. It is their recommendation to award the bid to SPG. 0 ~ .~ o '~--~- mama o ffi ZZ& 0 00~ .~o go° Oz ~.~ '~'- _.,I ' ' ,,- e"J W m LU Om "r' E~ - zz o · 3 :~ Oz Ow ~ ~= ~ zZ<~ 0 ~ o zz ~ ~ ~ o _ o o o ~ z ~ ~ ~ z z ~ Z~mc - o ~ = - ~ Z~ ~ o~ ~ ~ o ~ 0 O O Table of Contents Re: Two - Year Contract for the Purchase of Uniforms Bid # 062-1412-03/CJD I. Uniform Committee comments II. Memo to Chief Gage and documentation justifying the Committee's decision III. Bid protest from Martin's Uniform IV. Dominic's response to the protest V. Memo from Carol to Chief Gage requesting documentation for protest VI. Memo from Carol on Martin's Uniform protest VII. Memo from City Attorney in regards to Memo from Carol VIII. Memo from Bill Atkins to proceed with the award IX. Committee's recommendation for award X. City Attorney's answer to bid protest XI. Comments from Martin's Uniform sample evaluation XII. Other local government entities' uniform contracts Uniform Corn ' m ttee Comments I. No local tailor or seamstress 2. All returns must be handled through LIPS or held for sales rep. to pick up. (Delaying the employees orders even longer when the order was shipped incorrect). 3. New Firefighters and new Police officers having to be sized by warehouse personnel because there is no local facility to send them to. If not sized by warehouse personnel it would have to be scheduled through Martin Lamar, in some cases taking 4-5 days. Therefore the department needs would not have been met for the new officers. 4. No local embroidery to assist the Police department with the name strips, this has been a major issue with Chief Gage this past year. Name strips have been ovemighted to the warehouse fi.om Martin continuously. 5. Unavailable to meet the departments' demands, in some cases employees have been promoted to a higher level (honor guards, sergeants, detectives back to street patrol). These uniforms were requested to be shipped overnight due to the fact that all uniforms had to be shipped through UPS delaying the order 2-3 days for ground delivery. The only way to meet the departments needs and get these officers onto the street were to have them shipped overnight. The City of Boynton Beach Financ~ D,partment TO: Marshall Gage, Police Chief Dominic DeMauro, Warehouse Manager FROM: DATE: May 12, 2003 SUBJECT: Uniform Bid Enclosed you will fred a documentation that you requested. In 'addition you will .£md an email dated January 7, 2003, wl~ich we emailed to the vendor stating that we would be emailing them a list o£items that were 30 days old because.we were receiving many ~mplaints from departments because the uniforms were talcing to long. There'will be two packages of documentation, one will be labeled A and one will be labeled. B. (A) Will be problems from Martin Lamar or mis-ships (B) Will be uniform tracking chart and .ranuary 7, email This process started January 7, when we r~eived various complaints from d~a,~ents.' The major complaint from the Police department were: 1. Inconsistency in nametag lengths, misspelling and wrong color of nametags 2. UnifOrms being shipped with no nametags 3. New officers uniforms not being processed in a timely manor 4. Not having a local seamstress to have problems fixed Your department is currently wear-testing two different uniforms from two .different companies. One being Specialty Product Group of Boynt°n BeaCh and'the other one is Mannos Uniforms of Lake Worth. If you have any questions do not hesitate to call me at 6324. Cc: Diane Reese, Finance Director 05/12/2003 7:56 AM Uniform Bid Documentation: In several meetings the City Commission had requested staff to pursue more local vendors. In view of this request staff felt that the uniform bid was a good bid to add in the requirement that the company be located within Palm Beach County. Having a company within close proximity of the City frees our Warehouse Staff from having to measure employees for uniform fittings, which they are not equipped to do. Employees would be sent directly to the company to be measured thus ensuring the measurements are accurate, thereby reducing the number of times clothing has to be returned for alterations. Representatives from the Warehouse, Fire Dept. and Police Dept. reviewed the bids and selected the Iow bidder who met the bid specifications. That company was SPG. Samples of clothing were received from SPG and wear tested by representatives from both the Fire 8: Police Departments. It was determined that the quality of the clothing was equal to the quality we currently had with Martin's. Response to statements made at the City Commission Meeting of July 15, 2003 by Martin's representative. Statement - Martin's price is 40% lower than SPG. Response - Martin's price quotes cannot be considered because they did not meet bid specifications of having a company located within Palm Beach County. However I am attaching a comparison of current prices Martin's is charging the City with the prices quoted by SPG. Statement - Martin's has been doing business with the City for over 15 years. Response - Martin's has been providing the City uniforms for over 15 years. However in the past few years the City has been experiencing significant problems with orders being filled in a timely manner, orders not correct when received thus causing staff to spend extra time resolving problems. Listed below is the amount of staff time spent on a weekly basis dealing with uniform issues. Measuring employees 3 hours Meeting with Martin's representatives regarding returns 2 hours Following up with UPS regarding shipments I hour Tracking orders that are over 30 days 4 hours. Total 10 hours The amount of time Warehouse staff now spends on a uniform order would be reduced at least in half if the company were local. Staff is requesting that the City Commi~ion award the bid to SPG who was the lowest most responsive bidder who met the bid specifications. Uniform cost comparison Martin's SPG's Current Proposed % Cost for uniforms for a new employee Pricing Pricing difference Police Officer 5 pants $ 120.25 $ 127.50 5 short sleeve shirts 121.25 132.50 1 jacket 235.00 235.00 $ 476.50 $ 495.00 3.88% Firefighter 3 EMS pants 94,50 94.50 1 workshirt 19.85 21.35 1 work Trousers (all cotton) 17.D0 16.00 $ 131.35 $ 131.85 0,38% General Employee 5 pants 96.50 111.25 5 workshirts (short sleeve) 63.40 45.00 $ 159,90 $ 156,25 -2.28% Total $ 767.75 $ 783.10 2.00% Staff feels the cost of staff time saved by having a local company to handle the measuring would be more than a 2% savings. Representatives from the Fire Dept., Police Dept and Warehouse were on the committee who reviewed the bids and wear tested the uniforms for quality. It is their recommendation to award the bid ta SPG. Reese, Diane From: DeMauro, Dominic Sent: Thursday, July 17, 2003 12:03 PM To: Reese, Diane Subject: FW: Uniform pants - Wear Testing Dominic DeMauro Warehouse Manager (561) 742-6324 demau rod @ ci .boynton-beach.fl. us ..... Original Message ..... From: Ness, Jim Sent: Thursday, .July 17, 2003 10:48 AM To: DeMauro, Dominic C¢: Liu, David Subject: Uniform pants - Wear Testing Dominic I have yet to receive any negative reports by our shift personnel regarding our wear testing of the EMS pants provided by SPG. Generally any wear or quality problems concerning any of our uniform issues would be quickly communicated back to me. The absence of any negative comments indicates an acceptance of the garments by our firefighters. The quality of the pants is not an issue. Regards Jim Ness Deputy Fire Chief Boynton Beach Fire Rescue Department Tel: 561.742.6333 Fax: 561.742.6334 Reese, Diane From: DeMauro, Dominic Sent: Monday, July 21,2003 10:08 AM To: Reese, Diane Subject: FW: SPG Uniforms Dominic DeMauro Warehouse Manager (561) 742-6324 de mau rod @ ci. boynton- beach.fl, u s ..... Odginal Message ..... From: Immler, Mat% ~ent: Monday, July 21, 2003 10:08 AM To: DeMauro, Dominic Subject: SPG Uniforms Dominic, This is to advise you that those uniforms and accessories purchased from Specialty Supply Group in Boynton Beach have been of good quality. At this point we have no complaints concerning those items obtained from SPG. G. Matthew Immler Assistant Chief of Police RECEIVED The City of JuN 12 Boynton Beach PRocuR s 0 Finance Department WAREHOUSE DIVISION TO: Bill Atkins, Deputy Director of Financial Services FROM: Dominic DeMauro, Warehouse Manager DATE: June 12, 2003 SUBJECT: Uniform Bid # 062-1412-03/CJD The evaluating committee met today, June 12, 2003 to evaluate all bid samples that were sent along with the uniform bid.' The evaluating committee consisted of: David Liu - Deputy Fire Chief Dominic DeMauro- Warehouse Manager Matt Imler - Assistant Police Chief Mike Munro - Police Administration There was no consideration given to Martin Uniforms as they did not meet the specification that their company be located within Palm Beach County. There was also no consideration given to Aramark Uniform Services due to the fact that there were no samples sent as specified in the bid. It was the consensus of the committee to award the entire Uniform bid to Special Products Group of Boynton Beach. Special Products Group was also the overall low bidder who was the most responsive, responsible bidder who met all specification and in certain instances exceeded the specifications. Although we asked for products made in the U.S. some exceptions were made in this bid and in the past. If you have any questions in regards to this bid award, please do not hesitate to contact me at X6324. c z × ~ ~ o o o ~ c.. Z0 io© = ~B z 0 m m m m m m m m m m ~: m :::::::: o ml 8~ ! m ~F~i z om o ~ m 0 ~ ~ Z mz ~ ....... o~ m - - BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date (City): MAY 2, 2003 Bid Title: PURCHASE OF UNIFORMS - TWO YEAR CONTRACT Bid Number: g062-1412-03/CJD Bid Received By: JUNE 4, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in the Purchasing Department unless specified otherwise bid opening scheduled for: JUNE 4, 2003, 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. Federal I.D. Number: 'O~ ~"'~ ~ C/ '7 ~ /7/'/7/ ~ A Corporation of the State of: /Z"',~ O /rd / d9 ~ Area Code: ,fi'g/ Telephone Number: 7.Y ~ ~ ~ 6 co Mailing Address: ~ o ~ ~ C o f0 /0 o t'& /O 7"/-~ .~/'~ / l/ ~ City/State/Zip: ~O y'/L/'7'-o.4J 1~ J,/] c/-/' 7Z-,~ tY ~ / ~9/q 73 ~ L/ Authori ' gnalm~e Richard J. Roy Name Typed THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE 53 TO BE CONSIDERED COMPLETE AND ACCEPTABLE PROPOSAL BLANK TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date ~///~ $.//c~ $ 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 uniforms called for. The undersigned proposes to deliver the uniforms in accordance with the specifications for the sum of: ESTIMATED UNIT UNIFORM DESCRIFFION QUANTITIES PRICE POLICE DEPARTMENT: ITEM #1 ~'"~ Plain/Zipper Front Shirts 632 ITEM #2 Polyester Trousers 532 $ ~ '-~'' 5' © ITEM #3 Polyester Trouser (Shorts) 48 $ ~ q' ~ o ITEM #4 Police Uniform Jacket 96 $ ~ 3 5' o o ITEM #5 Ladies Polyester Skirts 24 $ ~ C). D c~ ITEM #6 Ladies Polyester Vests 24 $ [ 8, r > O . ITEM 87 Ladies Polyester Slacks 24 $ ~ ~ ' (') © THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE 54 TO BE CONSIDERED COMPLETE AND ACCEPTABLE PROPOSAL BLANK CONTINUED... ITEM #8 Ladies Oxford Cloth Shirt FIRE DEPARTMENT ITEM ~ Firemen Work Shirts ITEM #10 EMS Pants 432 $ ? /.5 o ITEM #11 Firemen Cargo Shorts 36 $ ~ /o 5-0 ITEM #12 · Firemen Casual Shorts 36 $ I ~.. o co INDUSTRIAL ITEM #13 Work Trousers 864 $ ~ 9_, 2 5 ITEM #14 %-5 ~ .~, c_> o Work Shirts Industrial & COP 576 L- ~ ${© , c> <> ITEM #15 Work/Trouser Shorts Industrial 240 $ I L/, o ~ ITEM #16 Work Shirts Industrial 72 $ I '~ q 5 ITEM #17 Work Pants/Shorts Industrial 144 $ ! ~ ~ 0 0 ITEM #18 Coveralls Fire/Industrial 48 $ I 7. c> c> (Heavyweight Jumpsuit) THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE 55 TO BE CONSIDERED COMPLETE AND ACCEPTABLE BID PROPOSAL CONTINUED ............ ITEM #19 Coveralls Fire/Industrial 48 $ ~ '~' r°-5' (Lightweight Jumpsuit) It is further agreed that the uniforms will be delivered within 30 calendar days from the date of the placing of the Order from the City. List Uniform Manufacturers here: THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE 56 TO BE CONSIDERED COMPLETE AND ACCEPTABLE ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) · SS 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 of gift, directly or indirectly by me or any membe~r by/a/~~e corp°rati°n. '~-' I'~- s'IGNA"i:URE Sworn and subscribed before me this ,7~../,./) day of ~- or/t/~ , 20 C) ~ Printed Information: NAME NOTARY PUBLIC, State of Florida at Large /[;/'~c'-~/~-? ~-c'~6--~,'~ C COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 57 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 part of your bid response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification 58 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL 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- free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful 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. 2) Inform employees about the dangers of drug 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. 3) Give each employee engaged in providing the commodities or contractual 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 of, 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 occurring 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 program 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. As the person authorized to sign the statement,~y that this fiL~a.~a~l~lies fully with theabove requirements. ~<~~1 ~, ~_~_~ Ve"6~do~ture f THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 59 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE NFr£1EI FI UEIIEIN EI UUF I City of Boynton Beach Bid #062-1412-03/CJD ATTACHMENT "A" Item #1 - All items manufactured by Flying Cross by Fechheimer SIS White (men's) #85R7800Z (ladies) #176R7800Z SIS Navy (men's) #87R7886Z (ladies) #177R7886Z LIS White (men's) #33W7800Z (ladies) #126R7800Z L/S Navy (men's) #34W7886Z (ladies) #127R7886Z Item #2 - Manufactured by Fechheimer Men's #UD3900 Ladies #UD3933 Item #3 - Manufactured by Fechheimer Men's #UD3900 Ladies #UD3933 Item #4- Manufactured by Fechheimer #78140 Item #5 - Manufactured by Edwards Garment #9795 Item #6 - Manufactured by Edwards Garment #7490 *Vest is only available lined Item #7 - Manufactured by Edwards Garment #8270 *Slacks only available with pockets Item #8 - Manufactured by Edwards Garment Short Sleeve #5010 Long Sleeve #5060 Item #9 - Manufactured by Southeastern Shirt Co. SIS White (men's) #3203 (ladies) #L3203 SIS Blue (men's) #3202 (ladies) #L3202 LIS White (men's) #3103 (ladies) #L3103 L/S Blue (men's) #3102 (ladies) #L3102 2023 Corporate Drive · Boynton Beach, Florida 33426 Office: 561-732-O360 · Toll Free: 877-500-8990 · Fax: 561-732-0879 City of Boynton Beach Bid #062-1412-03/CJD ATTACHMENT "A" Page 2 Item #10 - Manufactured by Southeastern Shirt Co. Men's #3031 Ladies #L3031 Item #11 - Manufactured by Propper Item #F526038405 Item #12 - Manufactured by Red KapNF Imagewear Men's #PT26 Ladies #PT35 Item #13 - Manufactured by Southeastern Shirt Co. Men's #3000 series Ladies #L3000 series Item #14 - Manufactured by Red Kap /VF Imagewear Short Sleeve #SP24 Long Sleeve #SP14 Item #15 - Manufactured by Red Kap / VF Imagewear #PT10 Item #16 - Manufactured by Red Kap / VF Imagewear #SC10 Item #17 - Manufactured by Red Kap / VF Imagewear #PC20 Item #18 - Manufactured by Red Kap /VF Imagewear #CT10 Item #19 - Manufactured by Red Kap / VF Imagewear #CP30 The CiO' of Boynton Beach I00 E, B~tvnton Beach Boulevard P. O. Box 510 Bo)nton ~ach, F~mda 33425-03 t0 Telephone: (~11 742-b~20 F~? (.~6t) 742-6~06 ADDENDUM #1 DATE: May 19, 2003 RFP TITLE: THE PURCHASE OF UNIFORMS - TWO YEAR CONTIL,-XCT RFP NUMBER: #062-1412-03/CJD Bidders are hereby notified that this Addendum shall be attached to and made a pm't of the above named Bid. The tbllowing items are issued to 'add to. delete, modify and clarify the Bid. These items s'.qall have t;all force and effect as the Bid. and cost revolved shall be included in the proposal pricing. Proposals to be submitted an the specified dar. e shall contbrm additions and revisions listed herein. DESCRIPTION: On page (4) four under Special Conditions Paragraph #1: Instead of the REPRESEN~[ATIVE shall be Iocaled within Palm Count' and have a tailor on si~e to assis! when needed. REVISED: ~Fhe AWARDED VENDOR shall have a business located within Palm Beach Count' and have a tailor on sire to assist when needed. <._ , Cm~any Name Bill Atkins Dep.~ty Director of Financial Setwices Wareho.~se Manager - Dominic DeMau:o Cen,:ral File Shelf Copies Dem:mdstar.com File BID NAME: "TWO YEAR CONTRACT FOR THE PURCHASE OF UNIFORMS" BID NUMBER: 062-1412-03/CJD COMMISSION AGENDA: JULY 15, 2003 BROADCAST LIST: 154 VENDORS - DEMANDSTAR 30 VENDORS - PROCUREMENT DATABASE BROADCAST LIST REPRESENTS VENDORS THAT WERE NOTIFIED OF THE BID OPPORTUNITY BY HAVING MEMBERSHIP IN DEMANDSTAR, OR COMPLETING A CITY VENDOR APPLICATION. PLANHOLDERS: 47 VENDORS PLANHOLDERS ARE VENDORS THAT OBTAINED A COPY OF THE BID DOCUMENTS EITHER BY DOWNLOADING FROM DEMANDSTAR, OR RECEIVED FROM PROCUREMENT SERVICES. BIDS: 4 VENDORS BIDS REPRESENT THE NUMBER OF PLANHOLDERS THAT ACTUALLY SUBMITTED BID PROPOSALS. ATTACHMENTS: PLANHOLDER LIST FROM DEMANDSTAR SHOWING VENDORS THAT OBTAINED A COPY OF THE BID DOCUMENTS. THIS IS AN ALL INCLUSIVE LIST...INCLUDING THOSE VENDORS NOTIFIED BY THE CITY. BROADCAST LIST FROM PROCUREMENT ACCESS DATABASE SHOWING VENDORS WHO WERE NOTIFIED BY INVITATION TO BID. NAME OF BID: "TWO YEAR CONTRACT FOR THE PURCHASE OF UNIFORMS", , · BID #: 062-1412-03/CJD BROADCAST LIST - 30 VENDORS (PROCUREMENT DATABASE) A & S UNIQUE A.T.C. UNIFORMS, INC. 5840 S.W. 37TM AVENUE 43 - 58 11TM STREET DANIA, FL 33312 LONG ISLAND CITY, NY i 1101 ATTN: SHARLENE WERTHELNE ATTN: GIORA PERRY ACTION SPORTWEAR ARGO UNIFORM CO. POB 3912 101 N. DIXIE HIGHWAY WEST PALM BEACH, FL 33402 HALLANDALE, FL 33009 ATTN: DAVID MINTON ATTN: SELICA ORENSTEIN BEST EMBROIDERY C & G DISTRIBUTING, INC. 312 E. BOYNTON BEACH BLVD, g4 690 N. 4TM STREET, UNIT 1 BOYNTON BEACH, FL 33435 MONTPELIER, ID 83254 ATTN: MINDY ROBINSON ATTN: CARA LYMAN CALHOUN UNIFORMS CLASSIC EMBROIDERY 2969 MACON ROAD, SUITE 200 7173 LAKE WORTH ROAD COLUMBUS, GA 31906 LAKE WORTH, FL 33467 ATTN: MR. BARFIELD ATTN: JOE KENNEDY CLIPPER TRENDS UNLIMITED, INC. CREATE A STITCH 7020 GEORGIA AVENUE 1350 S. DIXIE HIGHWAY, SUITE 10 W WEST PALM BEACH, FL 33405 POMPANO BEACH, FL 33060 ATTN: NEAL JADAV ATTN: LISA NEMSER DESIGNLAB, INC. DON HUME LEATHERGOODS, INC. 1201 BIMINI LANE P.O. BOX 351 SINGER ISLAND, FL 33404 MIAMI, FL 74355 ATTN: ROBIN SPINA ATTN: AMANDA TEETER EMBROID ME EMBROIDERY INTERNATIONAL, INC. 4715 N. CONGRESS AVENUE 1685 NORTH FLORIDA MANGO BOYNTON BEACH, FL 33426 WEST PALM BEACH, FL 33409 ATTN: MICHAEL SATURNO ATTN: NANCY GAGE BUSSEY THE GLOVE STORE IRON AGE CORPORATION 1250 E. HALLANDALE BEACH BLVD., SUITE 809 6600 N.W. 12 AVENUE HALLANDALE, FL 33009 FORT LAUDERDALE, FL 33309 ATTN: DAVID FRANK ATTN: VINNIE OCCHIGOROSSO JH CHURCHWELL COMPANY J.R. MANNO UNIFORMS & POLICE EQUIPMENT 301-313 EAST BAY STREET 3115 LAKE WORTH ROAD JACKSONVILLE, FL 32202 LAKE WORTH, FL 33461 ATTN: FRED ESO ATTN: TOM BARTOLEC MIXSON CORP NAFECO 7635 WEST 28TM AVENUE 1515 W. MOULTON STREET HIALEAH, FL 33016 DECATUR, AL 35601 ATTN: JOE ROTMIL ATTN: BRIAN OAKS NAME OF BID: "TWO YEAR CONTRACT FOR THE PURCHASE OF UNIFORMS", BID #: 062-1412-03/CJD BROADCAST LIST - 30 VENDORS (PROCUREMENT DATABASE) OUTDOOR OUTFITS PRIDE ENTERPRISES 372 RICHMOND STREET WEST [2425 28TM STREET NORTH, SUITE 103 TORONTO, ON ST. PETERSBURG, FL 33716 ATTN: MIRA MAYDENOVA ATTN: ROY POWELL RDH QUEST, INC. RESCUE CONCEPTS, INC. 130 N.E. 40TM STREET, SUITE 9 9113 S.H. 146 SOUTH MIAMI, FL 33137 DAYTON, TX 77535 ATTN: KAREN LEONARD ATTN: MELANIE LISKA SPECIAL PRODUCTS GROUP SPIRIT SERVICES COMPANY 2116 CORPORATE DRIVE 2631 N.W. 17TM LANE BOYNTON BEACH, FL 33426 POMPANO BEACH, FL 33064 ATTN: DICK ROY ATTN: DAVID M. FITTON U.S. CALVARY UNIFORMS MANUFACTURING, INC. 2855 CENTENNIAL AVENUE P.O. BOX 12716 RADCLIFF, KY 40160 SCOTTSDALE, AZ 85267 ATTN: BECKY ROGNEY ATTN: JENNIFER SWISHER SUPERIOR UNIFORM GROUP ZEIDEL'S UNIFORM 10055 SEMINOLE BLVD. 203 6TM STREET SEMINOLE, FL 33772 WEST PALM BEACH, FL 33401 ATTN: STEVE STIDHAM ATTN: BRUCE ZEIDEL Planholders List - DemandStar by Onvia Page 1 of 3 Planholders List I~lember Name City of Boynton Beach Bid Number ITB-062-1412-03/CJD-0-2003/CD TWO YEAR CONTRACT FOR THE PURCHASE OF Bid Name UNIFORMS Number of Documents for this 2 (Not Including Plans) bid 47 Planholder(s) found. Doc Supplier Name Phone Fax Count Attributes Actions (850) 878- (850) 942- 2 1. Woman Documents G Willie's Uniforms Inc 0204 5316 Owned Demoulin Brothers & Company (800) 228- (618) 664- 2 Documents 8134 1712 J H Churchwell Company (904) 356- (904) 354- 5721 2436 2 Documents (850) 769- (850) 763- 2 Documents Law Enforcement Supply Co Inc 9678 9031 ZlPP SPORTING GOODS (305) 665- (305) 665- 2 Documents 3534 0366 ALL SEASONS UNIFORMS TEXTILES & (407) 365- (407) 365- 1. Small 2 Documents EMBROIDERY 2666 2919 Business (800) 643- (727) 570- 2 Documents Pride Enterprises 8459 3374 (800) 331- (918) 542- 2 Documents Don Hume Leathergoods Inc 2686 4340 MARTIN'S UNIFORMS (800) 627- (813) 879- 2 Documents 8467 0107 (800) 222- (480) 368- Uniforms Manufacturing Inc 1474 8556 2 Documents Plasco Safety Products (877) 975- (937) 328- 2 Documents 2726 6477 Rainbow Manufacturing (800) 725- (469) 335- 2 1. Woman Documents 8480 0205 Owned (888) 633- (800) 425- Alliance Medical, Inc. 6908 5633 2 (718) 692- (718) 253- 2 1. Small D_o~cuments Out In Style, Inc. 4550 5323 Business 1. Small Business BRUCE BARTZ, INC (954) 467- (954) 523- 2 Documents 2441 9337 2. Woman Owned Aramark Uniform Services (800) 955- (305) 688- 2 Documents 2839 1328 J.R. Manno Uniforms & Police (561) 439- (561) 439- http://www~demandstar~c~m/buyer/bids/P~anh~~der-List.asp?F=search&-PU=%2Fbuyer%... 6/17/2003 Planholders List - DemandStar by Onvia Page 2 of 3 Equipment 4067 1511 2 Documents (864) 268- (864) 268- 2 1. Woman Documents DesignLab, Inc. 6414 4664 Owned (800) 746- (800) 746- 2 Documents Prime Vendor, Inc. 9554 8307 (863) 318- (863) 318- 2 Documents Nicsinger Enterprises 0806 0914 - (949) 250- (949) 261- 2 Documents Prudential Overall Supply 4855 1947 (513) 793- (513) 793- 2 Documents FECHHEIMER BROTHERS COMPANY 5400 2725 1. Small Business (757) 397- (757) 397- 2 Documents Portsmouth Armie Navie Store, Inc. 7452 4101 2. Veteran Owned 1. Small Business Documents .lay's Uniforms 913-362-5297 913-362-2757 2 2. Woman Owned Feick Security 3052607776 3052607557 2 Documents 1. Small Business 352- 527- 352-527-1439 2 Documents Crowley & Company Advertising, Inc. 0005 2. Woman Owned Atkins Sports 305-623-9999 305-623-7799 2 .Document_s 1. Small Business ITCHIN' TO BEE STITCHIN' dba VEITH (941)378- (941)377- 2 Documents & ASSOCIATES APPAREL 5694 2953 2. Woman Owned FMSDC 4072456062 4078578647 2 Documents NAFECO 800-628-6233 256-355-0852 2 Do~cu ments_ (954)925- 9549257868 2 Documents Fortran Corp 1182 1. Woman Documents XT Solutions, Inc. 954-435-3975 954-433-5515 2 Owned 1. Small Documents Sterlings Public Safety Uniforms & 210-662-9155 800-631-2774 2 Business Equipment ARAMARK 757-393-2953 757-399-5989 2 ~ _o_c__u_m_ _e_n_t _s Park Cities Chrysler .leep 214.443.8900 214.443.8936 2 Qocu~m__e__n_t__s_ (954) 457- (954) 458- 2 Documents Argo Uniform Company 7100 9734 (561) 732- (561) 732- 2 Documents Special Products Group 0360 0879 (303) 293- (303) 293- 2 Documents Corporate Images 3500 0091 (315) 252- (315) 252- 2 Documents The Liberty Store 1761 1761 Best Embroidery 561-364-7670 561-364-7348 2 D_ _o c u__m_ e_ _n_ ks (315) 252- (315) 252- 1 Documents The Liberty Store 1761 1761 Corporate Images (303) 293- (303) 293- 1 Do~.cument~_s. http://www.demandstar.c~m/buyer/bids/P~anh~~der-List.asp?F=search&-PU=%2Fbuyer%... 6/17/2003 Planholders List - DemandStar by Onvia Page 3 of 3 3500 0091 (561) 732- (561) 732- 1 Documents Special Products Group 0360 0879 (954) 457- (954) 458- 1 Documents Argo Uniform Company 7100 9734 Miami Impressions 305 558-7138 305 558-4686 1 Documents 1. Small Business (877) 324- (559) 683- 1 Documents The Procurement Connection, Inc. 1958 8128 2. Woman Owned Safari Sun 407-339-7291 407-339-2117 1 .D_.o_.c_.u_.m__~o.t_s_. http://www.demandstar.~~m/buyer/bids/P~anh~~der-List.asp?F=search&-PU=%2Fbuyer%... 6/17/2003 Glinski, Bonnie From: Pawelczyk, Mike Sent: Wednesday, June 25, 2003 10:45 AM To: Doppler, Carol Cc: Ramsey, Mary; Glinski, Bonnie; Lamanna, Rosemarie; Bressner, Kurt; Costello, Joyce Subject: Agenda Item for Uniform Bid and Protest of Martin's Uniforms Attached is the revised Agenda Item to include information related to the bid protest of Martin's Uniforms. Per our discussions moments ago, if the Agenda Item Request Form is okay, please have the same signed by Bill and Diane and return the original agenda item with your back-up materials to Mary Ramsey in our office. We will then supplement the back-up with the appeal/protest documents and will forward the entire package to the Clerk's office. ~. Presently, this is a consent agenda item. However, if the item is to remain on consent, it MUST BE REMOVED from conse~ d~ring the meeting so that the appeal of Martin's Uniforms can be heard. I suppose the item could be moved to Public Hearing at the City Clerk's or City Manager's request. Should you have any questions, please do not hesitate to contact me. Uniforms Agenda Item.doc ..... Original Message ..... From: Doppler, Carol Sent: Wednesday, .lune 25, 2003 9:50 AM To: Pawelczyk, Mike Subject: AGENDA FOR UNIFORMS Mike, Per your conversation with Bill here is the Agenda Item for Uniforms. Any additional information needed please let me know. Please e-mail the final agenda back to me to have signed and attach to my backup material. Thank you. << File: Uniforms Purchase of 2003.doc.dot >> June 24, 2003 VIA FACSIMILE & U.S.M. AIL (813) 879-0107 Steve Stidham Vice President, Sales Martin's Uniforms 2320 West Hillsborough Avenue co Tampa, Florida 33603 , c:~ :-?.._...._-< Re: City of Boynton Beach CCity")/Bid # 062-1412-03/CJD The Purchase of Uniforms - Two Year Contract _ m-mm Dear Mr. Stidham: This is in response to your letter to the City Manager dated June 17, 2003, in which you ifldicated that you intend to appeal the City Manager's decision to deny your bid protest as the same pertains to the above bid. Please be advised that I have been informed that your appeal will be considered by the City Commission at its meeting of July 15, 2003. At this City Commission meeting, you will be given the oppommity to present your appeal pursuant to Policy No. 10.14.01 of the City of Boynton Beach Administrative Policy Manual in connection with bid protests. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact me. Assistant City Attorney cc: Kurt Bressner, City Manager James A. Cherof, City Attorney Bill Atldns, Deputy Director of Financial Services/Purchasing Agent Ro~e Marie Lamanna, Paralegal H:\1990\900182.BBXLETrER~Stidham 02 (Bid Protest for Mariin's).doc A31ERICA 'S GA TE}I~A Y TO THE G ULFSTREAikl ~ 3u~ 18 03 ll:O?a CIt~ Rttorne~s O~ce 561-?~2-~05~ p.2 Martin's Uniforms June 17, 2003 Mr. Kurt Bressner " City Manager ~'!: :~"~ City of Boynton Beach 100 E. Boynton Beach Boulevard \ ' Boynton Beach, Florida 33603 Re: Bid # 062-I 412-031CJ-D The Purchase of Uni£orms Dear Mr. Bress~¢r: . .... Please a~¢~pt this letter as notice of our intention to appeal to the City Commission your d~ision to deny our pro~st relative to thc above referenced bid. Sin¢~mly, MARTIIq'$ UNIFORMS A Superior Uniform Group Company Vice Presidem, Sales Marshall Ga§e, Chiefof'?olice Dominic DcMauro, Warehouse Manager Bil! Atkins, D~puty Dir~tor of'Financial Scrvi¢~.~.ffPurchasing Agent Carol Doppler, Senior Buy~ Rose iVlarie Lamanna, Paral~gal 2320 West Hillsborough Avenue · Tampa, FL 33603 Customer Service (800) 627-8467 · Phone (815) 877-051 i * Fax (813) 879-0107 Websi~ www. maninsuniforms, com ~, e-mail: ssmc3~maninsunifotms.com An Am. eric~n Stock Exchange Listed Company 'The Cit o Bo nton Beach OFFICE OF THE CITY A ffOR2VEY I OO E. BO Y.¥TON BEA CH BO ULEVARD P. O. BOA" 310 BO Y. NTON B.~A CH, FLORIDA 33.425-031 PHO.¥E (561) 742-6050 FA.V: (561) 742-60M June 16,2003 Steve Stidham Vice President, Sales Martin's Uniforms 2320 West Hillsborough Avenue Tampa, Florida 33603 Re: City of Boynton Beach ("City")/Bid # 062-1412-03/CJD The Purchase of Uniforms - Two Year Contract VIA FACSIMILE & U.S. MAIL (813) 879-0107 Dear Mr. Stidham: The City Manager has requested, pursuant to Policy No. 10.14.01 of the City of Boynton Beach Administrative Policy Manual, that this office respond to your bid protest dated May 21, 2003. For the reasons that follow, your bid protest has been denied. Your bid protest letter challenges two conditions or specifications of the above bid. The bid documents were developed to require that the prospective bidder be located within Palm Beach County and have a tailor on site to assist when needed and require that certain products be made in the United States. The City administration has determined that these specifications are reasonable and rationally based to the City's needs in procuring a vendor to provide the services outlined in the bid. It is' evident that issues conceming shipping, measurements for uniforms, quality, and timeliness resulting fi-om location, were some of the factors considered by City staff in developing the specifications. There is no legal prohibition to a specification requiring that the bidder be located within Palm Beach County. In fact, City staff has confirmed that other cities within Palm Beach County require similar or greater restrictions on their respective uniform vendors. Accordingly, this specification is not unique in the industry nor is it unwarranted. Of the specifications challenged, neither would constitute a violation of any federal, state, or municipal law or ordinance. Furthermore, our review of this matter has revealed no bad faith, fraudulent, or unlawful actions by the City, which would negate the bid award. The decision to change the specifications from previous solicitations of this bid is reasonable and not unlawful. A31ERI£'A 'S GA TEIVA Y TO ~I~HE G ULFSTREA3I Steve Stidham, Vice President, Sales Martin's Uniforms June 16, 2003 , Page Two Accordingly, in light of the above, your bid protest has been denied by the City Manager. Pursuant to Policy No. 10.14.01, within three (3) business days of the City Manager's decision, you may appeal the City Manager's decision to the City Commission. The City Commission must then consider the protest within thirty (30) days of the City Manager's response. Yours very truly, Michael J. Pawelczyk Assistant City Attorney cc: Kurt Bressner, City Manager (w/o attachments) Marshall Gage, Chief of Police (w/o attachments) Dominic DeMauro, Warehouse Manager (w/o attachments) Bill Atkins, Deputy Director of Financial Services/Purchasing Agent (w/o attachments) Carol Doppler, Senior Buyer (w/o attachments) Rose Made Lamanna, Paralegal (w/o attachments) S:\ca\mjp\lettersX2003LStidham (Bid Protest for Martin's).doc H:\1990\900182.bb\lettersXStidham (Bid Protest for Martin's).doc A~I'ERICA 'S GA TEH~'A I; TO THE G ULFSTR. E-43! CITY OF BOYNTON BEACH MEMORANDUM (sent via e-mail only) TO: Carol Doppler, Senior Buyer CC: Kurt Bressner, City Manager Bill M. Atldns, Deputy Director of Financial Services/Purchasing Agent Rosemarie Lamanna, Paralegal FROM: Michael J. Pawelczyk, Assistant City Attomey DATE: June 4, 2003 RE: City of Boynton Beach CCity")/Bid # 062-1412-03/CJD Purchase of Uniforms This is in response to your memorandum to the City Attorney regarding the above matter, and dated May 28, 2003. I have reviewed the materials provided and am responding in accordance with Policy No. 10.14.01 of the City of Boynton Beach Administrative Policy Manual, pertaining to bid protests. This policy requires the City Attorney, upon consultation with the Purchasing Agent, to make a recommendation to the City Manager. The City Manager is then required to render a decision in writing to the protesting party or may adopt the recommendation of the City Attorney's Office. By letter dated May 21, 2003 fi.om Martin's Uniforms, it appears that the company is protesting a special condition within the bid documents which requires the prospective bidder to be located within Palm Beach County and have a tailor on site to assist when needed. Provided that such a specification is found to be reasonable and rationally based, there is no legal prohibition to a specification requiting that the bidder be located within the County. It is the responsibility of the procuring agency, in this case the City, to develop the specifications for competitively bid contracts. Further, the specification does not appear to be in violation of any federal, state, or municipal law or ordinance, and the specification does not appear to be unreasonable based on the information and documents provided. Accordingly, the bids for this contract can be opened and reviewed, as scheduled, for conformity with the bid specifications. The City Manager has several options, including (1) settle and resolve the protest of Martin's, (2) adopt the findings in this memorandum and direct that the bids be opened; or (3) cancel the bid opening and rebid. June 4, 2003 (Martin's Uniforms) Page 2 Pursuant to Policy No. 10.14.01, within three (3) business days of the City Manager's decision, the protesting party may appeal any decision of the City Manager to the City Commission. The City Commission must then consider the protest within thirty (30) days of the City Manager's response. Should you have any questions, please do not hesitate to contact me. MYP:mjp \~JGCDE_FS~LIBRARY~1990\900182.BBhMEMO 2003~)oppler (Bid Protest - Maran's).doc Martin's Uniforms A Superior Uniform Group Company May 21, 2003 Ms. Carol Doppler, CPPB City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Reft BID # 062-1412-03/CJD Please accept this letter as protest of the above referenced bid for the follow'lng reasons: 1. Special Conditions section I. reads ..." The Representative shall be located within Palm Beach County and have a tailor on site to assist when needed." An addendum was issued May 19, 2003, which we received today changing the wording to read "The awarded vendor shall have a business located within Palm Beach County and have a tailor on site to assist ,,,,,hen needed." "2.. Unifbrm Specifications for Items 1-3, 5-15, 17-19 state under ORIGIN: "Made in A local facility has not been a requirement in previous bids. Martin's Unitbrms has held and successfully performed t he Boynton B each Contract for Uniforms for m any years from o ur Miami a nd Tampa locations. M y conversation just last week with Dominic DeMauro (Boynton Beach Warehouse Manager who handles the uniforms for the City) indicated that the current program was running very ~.'ell and the reason for this change was the desire of the Fire and Police Departments. When I spoke with Chief Marshall Gage of the Boynton Beach Police Department, he indicated no such desire. were ordered improperly from the warehouse. We had a representative in Chief Gage's office on the very same day that we were notified to correct the situation, which indicates our ability to be responsive to the City's needs. We have always been able to have a representative available to measure and handle exchanges and returns at any location the City has requested and at regularly scheduled times. (he only major problem tha, we have experienced with ti~e Ctty of Boymon Beach was approximately 3 years ago when we were to a r..e,w sotS, ware s3stem for our entire company Although difficult, we were able to make adjustments, and with patience fi'om the City, we were able to work through these issues. We have never been tamed down 2320 West Hillsborough Avenue * Tampa, FL 33603 Customer Service (800) 627-8467 ~' Phone (813) 877-0511 * Fax (813) 879-0107 Website: www. martinsuniforms.com * e-mail: ssmc3@martinsuniforms.com An American Stock Exchange Listed Company for any possible extension of a contract with the City, which would indicate the City's satisfaction with our performance. By requiring a facility in Palm Beach County you are allowing the possibility of a company located 56 miles from Boynton Beach (yet still in the county) to bid. But you are not allowing a company located in Broward County (17 miles from Boynton Beach) or a company in Miami (56 miles from Boynton Beach), to bid. You are effectively limiting competition to two vendors, probably only one with the financial capability of carrying the inventory to service the Boynton Beach account. You are eliminating at least five bidders with locations in South Florida. This obviously severely restricts competition and the incentive for the local Boynton Beach vendor to offer its most competitive pricing. This could hardly be seen as in the best interest of the City of Boynton Beach. We are therefore asking that the requirement in Special Conditions section 'I. for a business located within Palm Beach County with an on site tailor be deleted. While previous bids have asked for garments to be made in the U.S.A., the City has routinely accepted garments not made domestically, which have performed to the total satisfaction of the using agencies. In some of our manufactured products, such as police shirts and work p ants, w e have utilized a federally sponsored 807 program in conjunction with a domestic program. This 807 program, sponsored by the Federal Government of the United States of America, specifies that all components such as fabric, zippers, buttons etc. must be made in the United States and may be shipped to the Caribbean basin to be assembled. This program serves to help American Manufacturers compete against the total import product and aids in the Federal Government's ongoing efforts to improve economies of the countries of the Caribbean basin and ultimately promote democracy to an area where many of Boynton Beach's residents originate. T!~ere are seYera! items on the contract, which we have been provl, ding to the complete satisfaction of the Boynton Beach Police Department, which we do not manufacture. These include items 5, 6, 7 & 8, which are not manufactured by anyone domestically. Curiously, you have not required Made in the USA for items 4 and 16. The City orb oynton Beach has put out a specification for uniforms, o ne that has not changed significantly in several years, which has served them well over the years. It is our contention that the City should be concerned only with the garment meeting specifications, and not the country of origin. We therefore ask that any requirement of Made in the U.S.A. be removed. We have enjoyed a very long relationship with the City of Boynton Beach and certainly hope to continue this relationship well into the future. I will look forward to your response. Very Sincerely, MARTIN'S UNIFORMS, ' A Superior Uniform Group Company Vice President, Sales Cc Bill Atkins, Deputy Finance Director/Purchasing Agent James Cherof, City Attorney Marshall Gage, Chief of Police Dominic DeMauro, Warehouse Manager CITY OF BOYNTON BEACH, FLORIDA ADMINISTRATIVE POLICY MANUAL CHAPTER: 10 Purchasing Policy No. 10.14.01 SECTION: 14 Appeals and Remedies Page: 1 of 3 SUBJECT: 01 Bid Protests PURPOSE: To establish a procedure for a prospective bidder to protest a bid against the City. POLICY: Bid Protest any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with solicitation or award of contract may protest in writing to the Purchasing Agent. Protesters shall file their written protests with the Purchasing Agent during normal business hours. Protests shall specifically describe the subject matter and facts giving rise to the protest. Protests shall be deemed effective on the date they are received by the Purchasing Agent. The Purchasing Agent shall immediately deliver the bid protest to the City Attorney with a memorandum setting forth the facts and circumstances surrounding the protest. The deadlines for filing bid protests are as follows: 1. If the protest relates to an invitation for bid or request for proposal, the protest shall be received prior to the bid submittal deadline date. 2. If the protest relates to any other matter relating to the bid, including, but not limited to, contract award, the protest must be received no later than seven (7) regular business days after the date of notification of bid award by the Purchasing Agent. Decision: If the protest is not resolved by mutual agreement, the City Attorney, upon consultation with the Purchasing Agent, shall make a recommendation to the City Manager who shall issue a decision in writing, or direct the City Attorney to render a decision in writing to the protesting bidder, offeror, or contractor. The City Manager shall have the authority to settle and resolve a protest of an aggrieved bidder, offeror or contractor, actual or prospective, concerning the solicitation or award of a contract. The decision shall: 1. State the reasons for the action taken; and 2. Inform the protestor of its right to appeal as provided in this part. Policy No. 10.14.01 - Appeals and Remedies Page: 2 of 3 Notice of Decision: A copy of the decision under this section shall be mailed or otherwise furnished to the protestor and any other party intervening. Finality of Decision: A decision of the City Manager under this section shall be final and conclusive unless the protestor files a written appeal with the City Commission within three business days of the City Manager's decision. The City Commission within thirty (30) days of the City Manager's response shall consider the protest. Failure to Follow Procedure: A protestor's failure to follow the protest procedure set forth herein shall render void any protest or claim brought by an aggrieved bidder, offeror, or contractor. Remedies for Solicitations or Awards in Violation of Law: Prior to bid opening or closing date of receipt of proposals: If prior to the bid opening or the closing date for receipt of proposals, the Purchasing Agent, after consultation with the City Attorney, determines that a solicitation is in violation of federal, state, or municipal law or ordinance, then the solicitation shall be canceled or revised to comply with applicable law. Prior to Award: If after bid opening or the closing date for receipt of proposals, but prior to the award of contract, the Purchasing Agent, after consultation with the City Attorney, determines that a solicitation or a proposed award of a contract is in violation of federal, state, or municipal law, or ordinance, then the solicitation or proposal award shall be canceled. After Award: If, after an award, the Purchasing Division, after consultation with the City Attorney, determines that a solicitation or award of a contract was in violation of applicable law or ordinance, then: 1. If the person awarded the contract has not acted fraudulently or in bad faith: a. The contract may be ratified and affirmed, provided it is determined that doing so is in the best interest of the City; or Policy No. 10.1z~.01 -Appeals and Remedies Page: 3 of 3 b. The contract may be terminated and the person awarded the contract shall be compensated for the actual costs reasonably incurred under the contract, plus a reasonable profit, but excluding attorney's fees, prior to the termination; or 2. If the person awarded the contract has acted fraudulently or in bad faith the contract may be declared null and void, if such action is in the best interests of the City. DEVELOPED BY: Purchasing Division EFFECTIVE DATE: February 1, 1998 Kerry Willis City Manager The City of Boynton Beach ~'inanc¢ Department ~A It.E.rt O USE D 1 VIS10 N TO: Marshall Gage, Police Chief DeMauro, Warehouse Manager/~ FROM: Dominic DATE:'May 12, 2003 SUBJECT:Uniform Bid F_.nclosed you will find a documentation that you requested. In addition you will fred an email dated January 7, 2003, which we emailed to the vendor staring that we would be cmailing them a list of items that were 30 days old because we were receiving many complaints from departments because the uniforms were taking to long. There will be two packages of documentation, one will be labeled A and one will be labeled B. (A) Will be problems from Martin Lamar or mis-ships (B) Will be uniform tracking chart and Sanuat3, 7, email This process started ~'anuary 7, when we received various complaints from departments.' The major complaint from the Police department were: 1. Inconsistency in nametag lengths, misspelling and wrong color of nametags 2. Uniforms being shipped with no nametags 3. New officers uniforms not being processccl in a timely manor 4. Not having a local seamstress to have problems fixed Your department is currently wear-testing two different uniforms from two different companies. One being Specialty Product Group of Boynton Beach andthe other one is Mannos Uniforms of Lake Worth. If you have any questions do not hesitate to call me at 6324. Cc: Dianc Reese, Fi'nanc¢ Director 05/12/2003 7:56 AM - Pait. Britt .. Tuesday, January 07, 2003 8:11 AM fo: 'Joellen Mills'; 'Steve Stidham' Cc: DeMauro, Dominic; Phillips, Sue On Order ¢ :210418 for Sue Phillips I received men's size 32W33L khaki pants. On the order I faxed to you ~t says Khak~ women's size 12W33L. need you to send a new pair of women's khaki pants size 12W33L. ,- ait, Britt From: ~ imills@superioruniformgroup.com Sent: Monday, January 13, 2003 4:09 PM To: Pait, Britt ~ubject: RE: Briz~ we do not have these pants in a women's style...are these 5c Di~ for her? can we send a smaller size? > ..... Original Message ..... > From: Pair, Britt [SMTP:PaitB@ci.boynton-beach.fl.us] > Sent: Tuesday, January 07, 2003 8:11 > To: 'Joellen Mills'; 'Steve Stidham, > Cc: DeMauro, Dominic; Phillips, Sue > Subject: > > On Order # 1210418 for Sue Phillips I received men's size 32W33L khaki > pants. On the order I faxed to you it says Khaki women's size 12N33L. > need > you to send a new pair of women's khaki pants size 12W33L. This emaii transmission and any documents, files or previous emai! messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may no~ use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Pait, Britt From: ' Pait, Britt Sent: Tuesday, January 07, 2003 2:37 PM To: 'Joeilen Mills'; 'Steve Stidham'; 'Tom Flaherty' Cc: DeMauro, Dominic The following is list of orders that came in wrong and are waiting on pick;up by Tom: Peters Order # 1203409 3 police shirts - they did not have any sergeant strips on the sleeves, they need to be sent back to have Ihem added Scott Harris Order # 1201325 3 shirts - the name strips were sewn on the pockets, I already ordered & received the right ones, the wrong ones just need to be returned for credit Gage 2 orders of 2 shirts - name strips were wrong ones on both orders, reordered already, wrong ones need to be picked up for credit Koch 4 motorcycle pants - they were a little tight, so they just need to be taken out a little, they need to be returned for alteration ~-ait,' Britt From: ~ jmills@superioruniformgroup.com Sent: Tuesday, January 07, ;)003 2:40 PM To: Pait, Britt Subject: RE: okay and Tom should be there tomorrow I think... > ..... Original Message > From: Pai~, Bri=~ [SMTP:PaitB@ci.boynton-beach.fl.us] > Sent: Tuesday, January 07, 2003 2:37 PM > To: 'Joelien Mills'; 'Steve Stidham'; 'Tom Flaherty, > Cc: DeMauro, Dominic > Subject: > > The following is list of orders that came in wrong and are wai~g on > pick-up by Tom: > > Peters > Order # 1203409 3 police shirts - they did not have any sergeant strips >- on > the sleeves, they need to be sent back to have them added > Scott Harris > Order # 1201325 3 shirts the name strips were sewn on the pockets, > already ordered & received the right ones, the wrong ones just need to be > returned for credit > > · Gage · 2 orders of 2 shir~s - name strips were wrong ones on bo~h orders > reordered ' · already, wrong ones need to be picked up for credit > · · Koch > 4 motorcycle pants - they were a little tight, so they just need ~c De · taken > out a little, they need to be returned for alteration This email transmission and any documents, files or previous email messages attached to it may contain information that is confiden~ia! or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Pait, Britt From: DeMauro, Dominic Sent: Wednesday, January 08, 2003 6:01 AM To: Pait, Britt; 'Steve Stidham' Subject: RE: Steve you need to call in regar(::s to the time these returns are sitting here. We need to come up with a better policy ..... Original Message ..... From: Pair, Britt Sent: Tuesday, .January 07, 2003 3:05 PM To: 'Steve Stidham'; 'Tom Flaherty'; ']oetlen Mills' Cc: DeMauro, Domimc Subject: I just received Order # 1215699 Schoenfeld - the name strips were wrong, they were the length of the pocket. I need to return these and have the right name strips put on. "P~ ;'t, 'l~ritt From: Sent: Tuesday, January 07, 2003 3:05 PM To: 'Steve Stidham'; 'Tom Flaherty'; 'Joellen Mills' Cc: DeMauro, Dominic I just received Order # 1215699 Schoe ame strips were wrong they were the length of the pocket. I need to return these and have the right name strips-puC4u:L. ' Pait, Britt From: - tflaherty@superioruniformgroup.com Sent: Tuesday, January 07, 2003 4:10 PM To: Pair, Britt Subject: Re: Will take care of this tomorrow Sent from my BlackBerr'~' Wireless Handhe!d (www. BiackBerr,!.ne~) ..... Original Message ..... From: Pair, Britt <PaitB@ci.boynton-beach.fl.us> To: 'Steve Stidham' <sstidham@superioruniformgroup.com>; 'Tom Flahers,r-' <tflaherty@superioruniformgroup.com>; 'Joellen Mills' <jmills@superioruniformgroup.com> CC: DeMauro, Dominic <DeMauroD@ci.boyn~on-beach.fl.us> Sent: Tue Jan 07 15:05:09 2003 Subject: I just received Order # 1215699 Schoenfeld the name strips were wrcng, they were the length of the pocket. I need to return ~hese and have right name strips put on. This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Pait, Britt From: ' j m ills@superioruniformgroup.com Sent: Wednesday, January 08, 2003 2:16 PM To: Pait, Britt Subject: RE: are you going to give these Co Tom or how are you going to return ~hem? > ..... Original Message ..... > From: Pair, Britt [SMTP:PaitB@ci.boynton-beach.fl.us] > Sent: Tuesday, January 07, 2003 3:05 PM > To: 'Steve Stidham'; 'Tom Flaherty,; 'Joellen Mills' > Cc: DeMauro, Dominic > Subject: > > I just received Order # 1215699 Schoenfeld - the name strips were wrong, > they were the length of the pocket. I need to return these and have the > right name strips put on. This email transmission and any documents, files or previous email messages attached to it may contain information that is confidenclal or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Pait, Britt ~ From: Pait, Britt Sent: Wednesday, January 08, 2003 2:15 PM To: 'jmills@superioruniformgroup.com' Subject: RE: Tom just left here and I did give these shirts back to him to have an alteration icne no them. ..... Original Message ..... From: jmills@superioruniformgroup.com [mailto:jmills@superioruniformgroup.com] Sent: Wednesday, January 08, 2003 2:16 PM To: Pair, Britt Subject: RE: are you going to give these to Tom or how are you going to return them? > ..... Original Message ..... > From: Pair, Britt [SMTP:PaitB@ci.boyncon-beach.fl.us] > Sent: Tuesday, January 07, 2003 3:05 PM > To: 'Steve Stidham'; 'Tom Flaher~y'; 'Joellen Mills' > Cc: DeMauro, Dominic > Subject: > I just received Order # 1215699 Schoenfeld - the name strips were wrong, · they were the length of the pocket. I need to return these and have the · right name strips put on. This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Pait, Britt From: - jmills@superioruniformgroup.com Sent: Wednesday, January 08, 2003 2:18 PM To: Pait, Britt Subject: RE: okay...thanks > ..... Original Message ..... > From: Pair, Britt [SMTP:PaitB~ci.boynton-beach.fl.us] > Sent: Wednesday, January 08, 2003 2:15 PM > To: jmil!s@superioruniformgroup.com > Subject: RE: > Tom just left here and I did give these shirts back to him to have an · alteration done to them. > > ..... Original Message · From: jmi!ls@superioruniformgroup.com > [mailto~jmills@superioruniformgroup.com] · Sent: Wednesday, January 08, 2003 2:16 PM · To: Pair, Britt · Subject: RE: > are you going to give these to Tom or how are you going to return them? > > ..... Original Message ..... · · From: Pair, Britt [SMTP:PaitB@ci.boynton-beach.fl.us] · · Sent: Tuesday, January 07, 2003 3:05 PM > > To: 'Steve Stidham'; 'Tom Flaherty,; 'Joellen Mills' · Cc: DeMauro, Dominic > · Subject: · · I just received Order # 1215699 Schoenfeld - the name strips ~vere wrong, · > they were the length of the pocket. I need to return these and nave > · right name strips put on. · This email transmission and any documents, files or previous email · messages attached to it may contain information that is confidenzial or · legally privileged. If you are not the addressee or authorized to > receive this message for the addressee, you may not use, copy or · disclose to anyone this message or its contents. If you have received · this message in error, please notify the sender immediately and · permanently destroy any copies you may have. This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Pait, Britt From: - Pair, Britt Sent: Wednesday, January 08, 2003 3:29 PM To: 'Joellen Mills'; 'Tom Flaherty' Cc: DeMauro, Dominic; 'St. eve Stidham' Today I received 3 more order with the namestrips the length of the pocket. The following is a list of the orders: F. Danysh Order # 1215701 3 Shirts - need to reorder new one and then return these for credit Tome Order # 1217686 3 shirts - need to reorder new ones and sent these 3 back for credit Immler Order # 1225351 3 Shirts - need to reorder new ones and sent these 3 back for credit Pait, Britt From: jmills@superioruniformgroup.corn Sent: Friday, January 10, 2003 4:22 PM To: Pair, Britt Subject: RE: Hi, okay i have placed the new orders and asked that they ship on 1/16...did you give these to Tom or do you need me to send you a paper work to return them?? Thanks, JoEl!en > ..... Original Message ..... > From: Pair, Britt [SMTP:PaitB@ci.boynton-beach.fl.us] > Sent: Wednesday, January 08, 2003 3:29 PM > To: 'Joellen Mills'; 'Tom Flaherty' > Cc: DeMauro, Dominic; 'Steve Stidham' > Subject: > Today I received 3 more order with the namestrips the length of The > pocket. > The following is a list of the orders: · · F. Danysh > Order # 1215701 3 Shirts - need to reorder new one and then return these > for credit · · > Tome · Order # 1217686 3 shirts - need to reorder new ones and sent these 3 back · for credit · · · Immler > Order # 1225351 3 Shirts - need to reorder new ones and sent these 3 back · for credit · This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Pait, Britt From: - jmills@superioruniformgroup.com Sent: Wednesday, January 08, 2003 12:03 PM To: Pair, Britt Subject: RE: namestrips that's great...you ma,f still ge5 a few with ~he wrong namestrips ,{ thel, shipped before I could change them ), buz hopefully I have caught ~he majority of them...Thanks, JoEllen > ..... Original Message ..... > From: Pair, Britt [SMTP:PaitB@ci.boynton-beach.fl.us] > Sent: Wednesday, January 08, 2003 11:55 AM > To: jmillsesuperioruniformgroup.com > Subject: RE: namestrips > Yes, i got the shirts for Gage. They look ok to me, thanks. > > ..... Original Message ..... > From: jmills@superioruniformgroup.com > [mailto:jmills@superioruniformgroup.com] > Sent: Wednesday, January 08, 2003 11:45 ~ > To: Pair, Britt > Subject: namestrips > > > Good Morning, > Did you receive the shirts for Chief Gage? Are the namestrips correct? > Thank You > > > messages > This emaii transmission and any documents, files or previous email > attached to it may contain information that is confidential or > legally privileged. If you are not the addressee or authorized to > receive this message for the addressee, you may not use, copy or > disclose to anyone this message or its contents. If you have received > this message in error, please notify the sender immediately and > permanently destroy any copies you may have. > This email transmission and any documents, files or previous emai! messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to receive zhis message for the addressee, you may not use, copy or' disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanensly destroy any copies you may have. Pait, Britt From: Pair, Britt Sent: Wednesday, January 08, 2003 11:55 AM To: 'jmills@superioruniformgroup.com' Subject: RE: namestrips Yes, I go~ the shir~s for Gage. They look ok tc me, ~hanks. ..... Original Message From: jmills@superioruniformgroup.com [mailto:'jmills@superioruniformgroup.com] Sent: Wednesday, January 08, 2003 11:45 To: Pair, Britt Subject: namestrips Good Morning, Did you receive the shirts for Chief Gage? Are the names~rips correct? Thank You JoEllen This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Pait, Britt From: ' jmills@superioruniformgroup.com Sent: Wednesday, January 08, 2003 11:45 AM To: Pa~t, Britt Subject: namestrips Good Morning, Did you receive uhe shLr:s for Chief Gage? Are :he names:rips correct? Thank You JoE!!en This email transmission and any documents, files or previous emai! messages attached to it may contain information that is confiden~ia~ cr legally privileged. If 'you are not the addressee or authorized 5o r~ceive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Pait, Britt From: ~ Pair, Britt Sent: Friday, January 03, 2003 12:45 PM To: 'Joellen Mills' Cc: DeMauro, Dominic; 'Steve Stidham' Joellen, This is a follow up on the conversation that we had earlier about Chief Gage's shirts. You told me that the shirts would ~e shipping out Monday. Please email me l~ack to confirm that this is correct. Britt Pait Warehouse City of Boynton Beach (561) 742-6294 Pait. Britt From: -jmills~.~su perioruniformgroup.com Sent: Friday, January 03, 2003 1:10 PM To: Pair, Britt Cc: DeMauro, Dominic; sstidham@superioruniformgroua.com Subject: RE: The shims for Chief Sage 'will be tearing today and you should have lhem on Monday.. Thanks JoEllen > ..... Original Message .... > From: Pair, Britt [SMTP:PaitB~'ci.boynton-beach.fl.us] > Sent: Friday, January 03, 2003 12:45 PM > To: 'Joellen Mills' > Cc: DeMauro, Dominic; 'Steve Stidham' > Subject: > Joellen, > > This is a follow up on the conversation that we had earlier aDou~ Chief > Gage's shir~s. You told me that the shirts would be shippzng out Mcnday. > Please email me back to confirm that ~his is correct. > Britt Pair > Warehouse > City of Boynnon Beach > 561) 742-6294 This email transmission and any documents, files or prevzous email messages attached ~o it may contain information ~hat is confidential or legally privileged. If you are not the addressee or authorized ~c receive this message for the addressee, you may not use, copy or disclose to anyone ~his message or its contents. If you have received this message in error, please notify the sender immedianely and permanently destroy any copies you may have. Pait, Britt From: jmills@superioruniformgroup.com Sent: Tuesday, January 07, 2003 8:51 AM To: Pait, Britt Subject: RE: Chief Gage So what you are telling me is that Chief's shirts came in wi~h name s5rlDs the full length of the pocket? - > ..... Original Message ..... · From: Pair, Britt [SMTP:PaitB@ci.boynton-beach.fl.us] · Sent: Tuesday, January 07, 2003 8:04 AM · To: 'Joellen Mills'; 'Steve Stidham' · Cc: DeMauro, Dominic; Munro, Michael; Reese, Diane · Subject: Chief Gage > Dominic received a phone call from Mike Munro this morning on Chief Gage's > shirts. He will not accept them. Name strip tags are coming in au $ i/2 > inches on some shirts and on other shirts the full length of the pocket · flap. Chief Gage will only accept shirts with the name strips 3 1/2 inches · and not the length of the pocket. Please have these shirts overnigh~ed · with · the correct name strip patch. This will be the third order for Chief Gage · and he is getting very upset. Steve please contact Dominic, if he is not · in · his office please call his cell phone(561)436-1813. Please place high · importance on this email. This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized tc receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. ,Pait, Britt From: - Pair, Britt Sent: Tuesday, January 07, 2003 8:04 AM To: 'Joellen Mills'; 'Steve Stidham' Cc: DeMauro, Dominic; Munro, Michael; Reese, Diane Subject: Chief Gage Dominic received a phone call from Mike Munro this morning on Chief Gage's shirts. He will not acce~t them. Name str~p tags are coming in at 3 1/2 inches on some shirts and on other shirts the full length of the pocket flapl Chief Gage will only accept shirts with the name strips 3 1/2 inches and not the length of the pocket. Please have these shirts overnighteci with the correct name strip patch. This will be the third order for Chief Gage and he is getting very upset. Steve please contact Dominic, if he is not in his office please call his cell phone(561 )436-1813. Please place high importance on this email. Pait, Britt From: - Pait, Britt Sent: Tuesday, January 07, 2003 9:47 AM To: 'jmills@superioruniformgroup.com, Subject: RE: Chief Gage Yes, Dominic faxed you over a copy of the size that the name strips are supposed :c be. All other name s~rips ~ha~ are received will be refused. ~ ..... Original Message ..... From: jmills@superioruniformgroup.com [mailto:jmills@superioruniformgroup.com] Sent: Tuesday, January 07, 2003 8:51 AM To: Pair, Britt Subject: RE: Chief Gage So what you are tel!in9 me is that Chief's shirts came in with name s:rips the full length of the pocket? > ..... Original Message ..... · From: Pair, Bri:t [SMTP:PaitB@ci.boynton-beach.fl.us] · Sent: Tuesday, January 07, 2003 8:04 AM · To: 'Joe!len Mills'; 'Steve Stidham' > Cc: DeMauro, Dominic; Munro, Michael; Reese, Diane > Subject: Chief Gage · · Dominic received a phone call from Mike Munro this morning on Chief Gage's · shirts. He will not accept them. Name strip tags are coming in at 3 1/2 · inches on some shirts and on other shirts the full length of the pocket · flap. Chief Gage will only accept shirts with the name strips 3 1/2 inches · and not the length of the pocket. Please have these shirts overnigh:ed · with > the correct name strip patch. This will be the third order for Chief Gage · and he is getting very upset. Steve please contact Dominic if he is not · in ' · his office please call his cell phone(561)436-1813. Please place high ·impor:ance on this email. This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. This email Transmission and any documents, files or previous email messages a~zached to iT may contain information tha~ is confidential or l~gaily prlviieged. If ~Zou are not the addressee or authorized to receive this messa,ge for the addressee, you may no~ use, copy or disclose ~c anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Pait, Britt From: ~ jmitls~superioruniformgroup.com Sent: Tuesday, January 07, 2003 9:58 AM To: Pair. Britt Subject: RE: Chief Gage okay ! will have this posted... > ..... Original Message ..... > From: Pair, Britt [SMTP:PaitB@ci.boynton-beach.fl.us] > Sent: Tuesday, January 07, 2003 9:47 AM > To: jmills@superioruniformgroup.com > Subject: RE: Chief Gage > > Yes, Dominic faxed you over a copy of the size that the name strips are > supposed to be. All other name strips that are received will be refused. > ..... Original Message ..... > From: jmills@superioruniformgroup.com > [mailto:jmills@superioruniformgroup.com] > Sent: Tuesday, January 07, 2003 8:51 AM > To: Pair, Britt > Subject: RE: Chief Gage > > SO what you are telling me is that Chief's shirts came in with name strips > the full length of the pocket? > > > ..... Original Message ..... > > From: Pair, Britt [SMTP:PaitB@ci.boynton-beach.fl.us] > · Sent: Tuesday, January 07, 2003 8:04 AM > · To: 'Joellen Mills'; 'Steve Stidham' · · Cc: DeMauro, Dominic; Munro, Michael; Reese, Diane · · Subject: Chief Gage >> · · Dominic received a phone call from Mike Munro this morning on Chief · Gage's · · shirts. He will not accept them. Name strip tags are coming in at 3 1/2 · · inches on some shirts and on other shirts the full length of the pocket > · flap. Chief Gage will only accept shirts with the name strips 3 !/2 · inches · · and not the length of the pocket. Please have these shirts overnigh~ed · · with · · the correct name strip patch. This will be the third order for Chief · Gage · · and he is getting very upset. Steve please contact Dominic, if he is not · · in · > his office please call his cell phone(561)436-1813. Please place high · > importance on this email. · > · This email transmission and any documents, files or previous email > messages attached to it may contain information that is confident~a! or > legally privileged. If you are not the addressee or authorized to · receive this message for the addressee, you may not use, copy or > disclose to anyone this message or its contents. If you have received · this message in error, please notify the sender immediately and · permanently destroy any copies you may have. ,Pait, Britt From: sstidham@superioruniformgroup.com Sent: Tuesday, January 07, 2003 12:44 PM To: Pait, Britt; jmills@superioruniformgroup.com; sstidham@superioruniformgroup.com .:c: DeMauro, Dominic; Munro, Michael; Reese, Diane; tflaherty@super~oruniformgroup.com Subject: RE: Chief Gage I have spoken with Chief Gage this morning and we are working on finding :he source of ~he problem. We will have Chief Gage's shirts senz out again today for delivery tomorrow ..... Original Message From: Pair, Britt [mailto:PaitB@ci.bolznton-beach.fl.us] Sent: Tuesday, January 07, 2003 8:04 To: 'Joellen Mills'; 'Steve Stidham' Cc: DeMauro, Dominic; Munro, Michael; Reese, Diane Subject: Chief Gage Dominic received a phone call from Mike Munro this morning on Chief Gage's shirts. He will not accept them. Name strip tags are coming in at 3 1/2 inches on some shirts and on other shirts the full length of the pocket flap. Chief Gage will only accept shirts with the name strips 5 1/2 inches and not the length of the pocket. Please have these shirts over~[a~ued with the correct name strip patch. This will be the third order for Chief Gage and he is getting very upset. Steve please contact Dominic, if ae is no: .in his office please call his cell phone(561)436-1813. Please place high importance on this email. This email transmission and any documents, files or previous email essages attached to it may contain information that is confidential or egally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. ' Pbit, Britt From: jmills@superioruniformgroup.com Sent: Wednesday, January 22, 2003 11:11 AM To: Pait, Britt Subject: RE: Britt, okay new order in process for the correct style. Thanks, JoEllen > ..... Original Message > From: Pair, Britt [SMTP:PaitB@ci.boynton-beach.fl.us] > Sent: Tuesday, January 21, 2003 2:23 PM · To: 'Joe!len Mills'; 'Tom Flaherty' > Cc: DeMauro, Dominic; 'Steve Stidham' · Subject: · · Joellen, · · Today I received order # 1230105 for Betty Fullerton. She wanted Women's · blue pants and I received EMS pants instead. Can you please send 2 Women's · blue pants (21138) and I will return these for credit, thanks. This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. ' P~it, Britt From: Pair, Britt Sent: Tuesday, January 21,2003 2:23 PM To: 'Joellen Mills'; 'Tom Fiaherty' Cc: DeMauro, Dominic; 'Steve Stidham' Joellen, Today I received order # 1230105 foi' Betty Fullerton. She wanted Women's blue pants and I received EMS pants instead. Can you please send 2 Women's blue I:~~ 38) and I will return these for credit, thanks. Pait, Britt From: Pair, Britt Sent: Thursday, January 09, 2003 11:14 AM To: 'Joellen Mills'; 'Tom Flaherty' Cc: DeMauro, Dominic; 'Steve Stidham' I received two orders today that were wrong. Mark Law Jr. Order # 1230092 - 5 shorts - they Were not hemmed - these need to be returned to be hemmed to shorts Bill Erskine Order # 1230111 - 3 pants - they were not hemmed - these need to be returned and need to be hemmed to a 32 inseam · Pait, Britt From: Pait, Britt Sent: Thursday, January 09, 2003 11:21 AM To: 'tflaherty@superioruniformgroup.com, Subject: RE: The ones that were supposed to be shorzs were full length. ..... Original Message ..... From: tflaherty~superioruniformgroup.com [mailto:tflaherty~superioruniformgroup.com] Sent: Thursday, January 09, 2003 11:21 A/4 To: Pair, Britt Subject: Re: Britt, Were the pants cut and not hemmed or were they retell]ed full length? Sent from my BlackBerry Wireless Handheld (www. BlackBerry.net) ..... Original Message ..... From: Pair, Britt <PaitB@ci.boynton-beach.fl.us> To: 'Joellen Mills' <jmills@superioruniformgroup.com>; 'Tom Flaherty' <tflaherty@superioruniformgroup.com> CC: DeMauro, Dominic <DeMauroD@ci.boynton-beach.fl.us>; 'Steve Stidham' <sstidham@superioruniformgroup.com> Sent: Thu Jan 09 11:14:27 2003 Subject: I received two orders today that were wrong. Mark Law Jr. Order # 1230092 - 5 shorts - they were not hemmed these need to be returned to be hemmed to shorts Bill Erskine Order # 1230111 3 pants they were not hemmed - these need ~c be returned and need to be hemmed to a 32 inseam This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. P~it, Britt From: tflaherty@superioruniformgroup.com Sent: Thursday, January 09, 2003 11:42 AM To: Pair. Britt Subject: Fw: Please see joei!en's response below. Sen: from my B!ackBerr'y Wireless Handheld (www. BlackBerry.net) ..... Origina! Message ..... From: Mills, Jo Ellen <omills~superioruniformgroup.com> To: Flaherty, Tom <tflahert¥@superioruniformgroup.com> Sen:: Thu Jan 09 11:28:26 2003 Subject: RE: already working on it... ..... Original Message ..... From: Flaherty, Tom Sent: Thursday, January 09, 2003 11:27 AM To: 'Pai:B@ci.boynton-beach.fl.us' Cc: Mills, Jo Ellen Subject: Re: Joel!en see below and take care of, please. Let's replace the order and get them out as soon as possible and i will pick up original order and return for credit. Sene from my BlackBerry Wireless Handheld (www. BlackBerry.net) ..... Original Message ..... From: Pair, Britt <PaitB~ci.boynton-beach.fl.us> To: tflaher:yCsuperioruniformgroup.com <:flaherty@superioruniformgroup.com> Sen:: Thu Jan 09 11:20:30 2003 Subject: RE: The ones :hat were supposed to be shorts were full length. ..... Original Message ..... From: tflaherty@superioruniformgroup.com [mailto:tflaherty@superioruniformgroup.com] Sent: Thursday, January 09, 2003 11:21 AM To: Pair, Britt Subject: Re: Britt, Were the pants cut and not hemmed or were they received full length? Sent from my BlackBerry Wireless Handheld (www. BlackBerry.net) ..... Original Message ..... From: Paiz, Britt <PaitB@ci.boynton-beach.fl.us> To: 'Joellen Mills' <jmi!ls@superioruniformgroup.com>; 'Tom Flaherty' <~flaherty~superioruniformgroup.com> ~ CC: DeMauro, Dominic <DeMauroD@ci.boynton-beach.fl.us>; 'Steve Stidham' <sszidham%superioruniformgroup.com> Sent: Thu Jan 09 11:14:27 2003 .Pait, Britt From: tflaherty@superioruniformgroup.com Sent: Thursday, January 09, 2003 11:21 AM To: Pait, Britt Subject: Re: Britt, Were the pants cut and not hemmed or were they received full length? Sent from my BlackBerry Wireless Handheld (www. BlackBerry.net) ..... Original Message ..... From: Pair, Britt <PaitB@ci.boynton-beach.fl.us> To: 'Joellen Mills' <jmills@superioruniformgroup.com>; 'Tom Flaherty' <tflaherty@superioruniformgroup.com> CC: DeMauro, Dominic <DeMauroD@ci.boynton-beach.fl.us>; 'Steve Stidham' <sstidham@superioruniformgroup.com> Sent: Thu Jan 09 11:14:27 2003 Subject: I received two orders today that were wrong. Mark Law Jr. Order # 1230092 - 5 shorts - they were not hemmed - these need to be returned to be hemmed to shorts ~ill Erskine ~rder # 1230111 - 3 pants they were not hemmed - these need to be returned and need to be hemmed to a 32 inseam This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Pait, Britt From: tflaherty@superioruniformgroup.com Sent: Thursday, January 09, 2003 11:27 AM To: Pair, Britt Cc: jmills@superioruniform§roup.com Subject: Re: Joellen see below and ~ake care of, please. Let's replace the order and get them out as soon as possible and ! will pick up original order and return for credit. Sent from my BlackBerry Wireless Handheld (www. BlackBerry.net) ..... Origina! Message ..... From: Pair, Britt <PaitB~ci.boynton-beach.fl.us> To: tflaherty@superioruniformgroup.com <tflaherty@superiorunifcrmgroup.com> Sent: Thu Jan 09 11:20:30 2003 Subject: RE: The ones that were supposed to be shorts were full length. ..... Original Message From: tflaherty~superioruniformgroup.com [mailto:tf!aherty@superioruniformgroup.com] Sent: Thursday, January 09, 2003 11:21 AR To: Pair, Britt Subject: Re: Britt, Were the pants cut and not hemmed or were they received full length? Sent from my BlackBerry Wireless Handheld (www. BlackBerry.net) ..... Original Message ..... From: Pair, Britt <PaitB@ci.boynton-beach.f!.us> To: 'Joellen Mills' <jmills@superioruniformgroup.com>; 'Tom Flaherty' <tflaherty~superioruniformgroup.com> CC: DeMauro, Dominic <DeMauroD@ci.boynton-beach.fl.us>; 'Steve Stidham' <sstidham~superioruniformgroup.com> Sent: Thu Jan 09 11:14:27 2003 Subject: I received two orders today that were wrong. Mark Law Jr. Order # 1230092 - 5 shorts - they were not hemmed - these need to'be returned to be hemmed to shorts Bill Erskine Order # 1230111 3 pants they were not hemmed these need to be returned and need to be hemmed to a 32 inseam This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to ! '~ec~i~e this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy Any copies you may have. Fhis email transmission and any documents, files or previous email messages attached to it may contain information thac is confidential or legally privileged. If you are not the addressee or authorized ~o receive this message for the addressee, you may no~ use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Pait, Britt From: ' jmills~superioruniformgroup.com Sent: Monday, January 13, 2003 11:28 AM To: Pait, Britt Subject: RE: Britt, Tom will pick these up for credit. I have new orders alread,./ in process. Thanks, JoEllen > ..... Original Message > From: Pair, Britt [SMTP:PaitBeci.boynton-beach.fl.us] > Sent: Thursday, January 09, 2003 11:14 AM > To: 'Joellen Mills'; 'Tom Flaherty' > Cc': DeMauro, Dominic; 'Steve Stidham' > Subject: > > I received two orders today ~hat were wrong. · · · Mark Law Jr. > Order # 1230092 5 shorts they were not hemmed · returned to be hemmed to shorts · > Bill Erskine > Order # 1230111 - 3 pants - they were not hemmed these need ~o be > returned · and need to be hemmed to a 32 inseam This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized ~o receive this message for the addressee, you may not use, copy or disclose ~o anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. 'Subject: i received two orders today that were wrong. Mark Law Jr. >rder # 1230092 - 5 shorts - they were not hemmed - these need to be returned to be hemmed to shorts Bill Erskine Order # 1230111 3 pants they were not hemmed - these need to be resurned and need to be hemmed to a 32 inseam This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Pait, Britt From: Sent: Thursday, January 23, 2003 10:17 AM To: 'Joellen Mills'; 'Tom Flaher¥ Cc: DeMauro, Dominic; 'Steve Stidham' I ordered some namestrips for Swan & Hopkins (they each get one with white lettering) back in December. I haven't received these yet. Could you ru.s.h these two namestrips to us. Pait, Britt From: ~ jrnills@superioruniformgroup.com Sent: Thursday, January 23, 2003 11:47 AM To: Pait, Britt Subject: RE: new order placed and trying to ship them out today 1/23/03. Thanks, JoEllen · ..... Original Message ..... > From: Pair, Britt [SMTP:PaitB@ci.boynton-beach.fl.us] · Sent: Wednesday, January 22, 2003 3:15 PM · To: 'Joellen Mills'; 'Tom Flaherty, > Cc: DeMauro, Dominic; 'Steve Stidham' > Subject: > I receivedto~der # 1245950 Barb Vickers, and I ordered her 1 pair of pants > and 4 pair of. shorts. I received 5 shorts. Could you please send ~he one > pair of pants 'a~-~a-~nd-back t. he-ex~ shorts for credit thanks. This email transmission and any documents, files or previous email m~ssages a~cached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Pait, Britt From: Pait, Britt Sent: Thursday, January 23, 2003 2:27 PM To: 'Joellen Mills'; q'om Flaherty' Cc: DeMauro, Dominic; 'Steve Stidham' Joellen, I got another order (# 1230113 Tara Brown) where we wanted Women's blue pants and we got EMS pants instead. Can you please reorder the right pants-and_ !-w~ll-send these back for credit, thanks. Pait, Britt From: jmills@superioruniforr~group.com Sent: Thursday, January 23, 2003 2:36 PM To: Pait, Britt Subject: RE: Britt, yes I will place the order today...Thanks, JoEllen > ..... Original Message ..... > From: Pair, Britt [$MTP:PaitB~ci.boynton-beach.fl.us] > Sent: Thursday, January 23, 2003 2:27 PM > To: 'Joellen Mills'; 'Tom Flaherty, > Cc: DeMauro, Dominic; 'Steve Stidham, · Subject: · · Joellen, · I got another ord~'~ 1230113 Tara Brown) where we wanted Women's blue > pants and we got EM~F~~ instead. Can you please reorder the right pants > and I will send these bac~~t~ _t~_ nkk, j This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Pait, Britt From: ' Pait, Britt Sent: Monday, January 27, 2003 3:13 PM To: 'Joellen Mills'; q'om Flaherty' Cc: DeMauro, Dominic; 'Steve Stidham' Joellen, Back in November I received an order' (# 1147236, David Roland) were we were shipped blue pants instead of the green ones we ordered. I reordered the correct pants, which were sent on_~.~gJ:der # 1174264. never received credit for the first pants that were wrong. If you cou d p ease find-u~i i~' ;.;i~,~ ~r,~ a credit done or if there needs to be one done anO fax it over to me at (561) 742-6295. Thanks. Pa~t, Britt From: Pair, Britt Sent: Thursday, January 30, 2003 10:35 AM To: 'Tom Flaherty' .~c: DeMauro, Dominic; Sheridan, Paul; 'Steve Stidham' Tom, Sgt. Sheridan came by today and said you had an appointment set up with him for yesterday, Wednesday, 1/29/03, and that you never showed up. We have been waiting 3 months for his shirts so we had to send him to SPG to get them. I need for you to contact hk'n and let him what's going on. P~ it, Bdtt From: - Pait, Britt Sent: Friday, January 31,2003 12:02 PM To: Jmills@superioruniformgroup.com' Cc: DeMauro, Dominic Subject: RE: Joel!en, In the future, please question any duplicate faxes. The City generally never orders uhe same uniforms for one employees on the same day. ..... Original Message ..... From: jmills@superioruniformgroup.com [mailto:jmillsSsuperioruniformgroup.com] Sent: Friday, January 31, 2003 11:48 AM To: Pair, Britt; jmills@superioruniformgroup.com; tflaherty@superioruniformgroup.com Cc: DeMauro, Dominic; sstidham@superioruniformgroup.com Subject: RE: Britt, the order is a duplicate because it was faxed over twice... Thanks JoEllen > ..... Original Message ..... > From: Pair, Britt [SMTP:PaitB~ci.boynton-beach.fl.us] · Sent: Friday, January 31, 2003 10:32 AM · To: 'Joellen Mills'; 'Tom Flaherty' · Cc: DeMauro, Dominic; '.Steve Stidham!~ > Subject: · Today I r~Ceived a duplicate order for Thornal~, Johnson. The first order # > I / e/# · received was 1247298, the second one was ord 1248451, I am sending · the ~ · duplicat~credit. This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Pa~t, Britt From: jmills@superioruniformgroup.com Sent: Thursday, February 06, 2003 3:26 PM To: Pair, Britt Subject: RE: his name strip is shipping today 2/6/03. Thanks, JoElten > ..... Original Message ..... > From: Pair, Britt [SMTP:PaitB~ci.boyn~on-beach.fl.us] > Sent: Tuesday, February 04, 2003 1:20 PM > To: 'Joellen Mills'; 'Tom Flaherty' > Cc: DeMauro, Dominic; 'Steve Stidham, > Subject: > > Joel!en, > > I faxed over an order for a namestrip for King on January 31 I need for > you · > to rush it to us. Thanks. This email transmission and any documents, files or previous email messages attached to it may contain information ~hat is confidential or legally privileged. If you are not the addressee or authorized to receive this message for ~he addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Pait, Britt From: ~ Pait, Britt Sent: Tuesday, February 04, 2003 1:20 PM To: 'Joellen Mills'; 'Tom Flaherty' Cc: DeMauro, Dominic; 'Steve Stidham' Joellen, I faxed over an order for a namestrip for King on January 31. I need for you to rush it to us. Thanks. P~tl Britt From: : Pair, Britt Sent: Tuesday, February 11,2003 1:27 PM To: 'Joellen Mills' Joellen, Order # 1261135 for A. Rodriguez was missing 2 shirts style # 22444 and they did not show that they were on backorder on the packing slip. The original order was for 3 and I only received 1 Could you please find out if they are coming or not. Thanks. ' Pait, Britt From: ~ jmills@superioruniformgroup.com Sent: Friday, February 14, 2003 11:11 AM To: Pait, Britt Subject: RE: Britt, the other 2 shirts for Rodriguez will ship to you next week.. Thanks JoEllen > ..... Original Message ..... > From: Pair, Britt [SMTP:PaitB@ci.boynton-beach.fl.us] · Sent: Tuesday, February 11, 2003 1:27 PM · To: 'Joellen Mills' · Subject: · · Joellen, · · Order # 1261135-for'AL'i~ Rodriguez was ~-I-S~±~ [._shirts style # 22444 and · they ~ > did not show--that they were on backorder on the packing slip. The original · order was for ~and I only received 1. Could you please find out if they · are · coming or not. Thanks.' This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Pait',' Britt I From: ~ Pait, Britt - Sent: Friday, February 21, 2003 2:31 PM To: 'Joellen Mills'; q'om Flaherb/' Cc: DeMauro, Dominic; 'Steve Stidham0 Joellen, I re~ceived 2 orders that were wrong today. A. Rodriguez Orde~ 1277172 for 2 police shirts, were missing the sergeant strips. Huntington Orde~ 1271704, for 1 PES shirt, were missing the PES rockers. Pa!tl Britt From: ~ Pait, Bdtt Sent: Tuesday, March 11,2003 12:57 PM To: 'jmills@superioruniformgroup.com'; "Tom Flaherb/ Cc: DeMauro, Dominic; 'Steve Stidham° Subject: RE: Joellen, Go ahead and send the shorts for Rosa Cane out. I will send the shirts for Lil!ie back with Tom to have the rockers put on them. ..... Original Message ..... From: jmillsSsuperioruniformgroup.com [mailto:jmillsSsuperioruniformgroup.com] Sent: Thursday, March 06, 2003 2:35 PM To: Pair, Britt Subject: RE: Britt, do you want me to do replacements? JoEllen > ..... Original Message ..... · From: Pair, Britt [SMTP:PaitB$ci.boynton-beach. fl. us] · Sent: Wednesday, March 05, 2003 3:11 PM · To: 'Joellen Mills'; 'Tom Flaherty' · Cc: DeMauro, Dominic; 'Steve Stidham' · Subject: · · Joellen, · > Lillie > Order # 1286071 for 3 shirts was missing the Field Traini'ng Officer > rg~kers · on each sleeve. · Rosa Cane > Order #1286081 for 4 shorts and 1 pants, I received all 5-pa'X~s and 0 · shorts. I need you to send the 4 shorts and I will return the 4 pants. Pai~, Britt From: sstidham@superioruniformgroup.com Sent: Tuesday, January 07, 2003 12:52 PM To: DeMauro, Dominic; sstidham@superioruniformgroup.com; jmills@superioruniformgroup.cor~ Cc: Reese, Diane; Dauta, Mike; Pair, Britt; tflaherty@superioruniformgroup.com Subject: RE: Dominic if you will, please ask Britt to copy me on the emails and Tom F!aherty Tftahercy~sug.biz <mailto:Tflaherty@sug.biz> should be copied on all correspondence with you account from all parties so he is in the loop on everything. Thanks Steve ..... Original Message ..... From: DeMauro, Dominic [mailto:DeMauroD@ci.boynton-beach.fl.us] Sent: Tuesday, January 07, 2003 6:47 AM To: 'Steve Stidham'; 'Joellen Mills' Cc: Reese, Diane; Dauta, Mike; Pair, Britt Subject: FW: I am in receipt of a list from Britt. On the list are highlighted items that are 30 days old. Effective today I have instructed Britt to put the following policy into place. Each week by the close on every Tuesday an email will be sent to your company letting you know which orders are 30 days old. This list is to be returned to Britt by the close of the following Friday for my review. As we have spoken about in the past, 30 days is more than sufficient time to get an order filled. Please understand that Chis is a personalized service and employees have a hard time understanding that it could Cake up to 30 days, and after 30 days it becomes excessive. In terms of the contract are F.O.B. Boynton Beach 30 days. However we do understand from time to time there will be certain situations thac will occur when some individual orders can not meet the terms of the contract. However please understand it is your company's responsibility to contact the city on the occurrences. If you have any questions or concerns please do not hesitate to call me. You may reach me at (561)742-6324. ..... Original Message ..... From: Pair, Britt Sent: Tuesday, January 07, 2003 6:36 AM To: DeMauro, Dominic Subject: << File: Martin Lamar Pending Orders.xls >> This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. P,~lit, Britt Fr ~m: Pa~t, Britt Sent: Thursday, May 08, 2003 12:44 PM To 'Joellen Mills'; 'Tom Flaherty' Cc DeMauro, Dominic; 'Steve Stidham' TI- ~= following is a list of open orders and orders that are waiting for credits(highlighted in blue). Could you please find out what is going on with the credit and fax me a copy of them so that they can be paid, thanks. :artin Lamar Pe ling Orders.xl... Bri:t Pait W~rehouse (561 )742-6294 __EEmplo.y_e_e N_a_m_e_ _ D_ate~Faxed .Depa,_b!,ent __D_at__e R~e_c_ei_v_ed Return/Exchange Return/Exchang?_ Awaiting Credits --_ __ ~D_ate Sent B~ack~ . _ D_ate_Received Yes/No 3rescia 5/6/2003 Fire Brown, Tara 1/2/2003 Building 1/23/2003 1/30/2003 1/27/2003 Yes Wrong pants came in, reordered correct ones, rec. new ones, waitng on credit for inv. # 91524435 Deroncelly, Jean 5/6/2003 Facilities E-_dwa_r_ds, C_harl.en_e _ ._ 5~6/2003 Utilities Fitzg_e__ra_ld, Thomas 4/I 8/2003 Utilities Galloway, Alen 5~6~2003 Utilities -- Gonzales, Cath,y 4/18/2003 Transportation Huntington(PES) 4/22/2003 Police -- Immler 12/26/2003 Police 1/8/2003 1/15/2003 1/17/2003 Yes Had wrong namestrips on them, returned for correct ones, rec. correct ones, waiting on credit on inv.#91505040 Johnson, Thornale 1/17/2003 Utilities 1/27/03\1/31/03 1/30/2003 Yes Rec. SO# 1247298 first, rec. duplicate order SO# 1248451 second, send duplicate back for credit Miller, Damien 5/6/2003 Sanitation Perez, Jose 4/22/2003 Forrestry_ Rossetti, Rocco 4/14/2003 Parks Taylor, Tony 5~6~2003 Facilities .......... Witt 1/1712003 Fire 1/24/2003 113012003 Yes Rec. $O# 1247308 first,rec, duplicate order $O# 1248446 second, shipped duplicate order back for credit References Orders that arrived Incorrect and were sent back for re-issue Will be reviewed daily are highlighted in ..... Orders that are highlighted in · blue are awaiting credit -- __ Prat, Britt From: Pait. Britt Sent: Wednesday, April 30.2003 9:49 AM To: 'Joetlen Mills'; 'Tom F[a~erty' Cc: DeMauro, Dominic: 'Steve Stidham' Joellen, On the list attached, there are some orders waiting for credit highlighted in blue, last week you gave me the CM #'s which I provided again. Could you please fax over a copy of the credits so I can go ahead and pay the original invoices. Thanks. Martin Lamar Pending Orders.xl... Britt Pait Warehouse (561 )742-6294 Employ~e_e__Nam._e- __D_a_te_Fax_ed DePart___m_ent Date Receive__d Retur_n_/_Exchange Return/Exchange __A~waiting Credits ......................... Date Sent Back Date Received Yes/No Barc~en, Charlie 4/18/2003 Parks Beaver 4/22/2003 Police Brown, Tara 1/2/2003 Building 1/23/2003 1/30/2003 1/27/2003 Yes Wrong pants came in, reordered correct ones, rec. new ones, waitng on credit for inv. # 91524435 Dot, Asnor 4/15/2003 Parks Fitzgerald,__Thomas 4/18/2003 Utilities - Gonzales, Cathy 4/18~2003 Transportation Graham 4/8/2003 Police Huntington(PES) 4/22/2003 Police Huntington(PES) 12/15/2002 Police 1/11/2003 1/15/2003 3/18/2003 Yes Rec~ wrong patches, sent back, rec. correct order, waiting on credit I mmler 12/26/2003 Police 1/8/2003 1/15/2003 1/17/2003 Yes iliad wrong namestrips on them, returned for correct ones, rec. correct ones, waiting on credit on inv.#91505040 i Johnson, Thomale 1/17/2003 Utilities 1/27103\1/31/03 1/30/2003 Yes Rec. SO# 1247298 tiret, rec. duplicate order SO# 1248451 second, send duplicate back for credit l'arsen, Roberta 4/21/2003 Transportation Leal 4/7/2003 Police Martin, John 4/28/2003 Utilities ........ Newman, Al 4/29/2003 Fire .... Petersen, Art 4/29/2003 Parks - -- Perez, Jose 4/22/2003 Forrestry Rodr!guez,_Fr_ank 4/30/2003 Fleet_ _R_0_ss__etti,_Rocco 4/14/2003 Parks Ta_~le_g~rand, Dieu 4/29/2003 Parks _T_aylor, B_a_rry 4/15/2003 Sanitation Vicki, Rodney 4/18/2003 Warehouse Witt 1/17/2003 Fire 1/24/2003 1/30/2003 Yes Rec. SO# 1247308 tiret, rec. duplicate order SO# 1248446 second, shipped duplicate order back for credit Wooten, Vic 4/28/2003 Facilities References Orders that arrived incorrect and were sent back for re-issue Will be reviewed daily are highlighted in Icredit ....... CM# 91521769 CM# 91518884 CM# 91594978 Pa~t, Britt From: Pair, Britt Sent: Wednesday, April 16, 2003 3:02 PM To: 'Joellen Mills' Cc: 'Steve Stidham'; DeMauro, Dominic The list attached has items that are waiting for credit highlighted in blue. Could you please check on these and let me know what is going on with them. A couple of them are a little old. Thanks. Martin Lamar Pending Orders.xt... Britt Pait Warehouse (561)742-6294 i E_m__ploy_ee Name Date Faxed Depa[tment Date Received Return/Exchange Return/Exchange Awaiting Credits .... Date Sent Back-----Date Receive-~ ...... -Yes'No Brown, Tara 1/2/2003 Building 1/23/2003 1/30/2003 1/27/2003 Yes Wrong pants came in, reordered correct ones, rec. new ones, waitng on credit for inv. # 91524435 C~ I~rk__, S!!a_s__ 4/15~2003 Sanitation D0_r,_Asn.0r 4/15/2003 Parks - - Frizer 4/14/2003 Parks Ga.g_e . 4/1/2003 Police Graham 4/8/2003 Police _G_u i_d_ry~ ___ 4/14/2003 Parks -- Hickman 4/14/2003 Parks Huntington(PES) 12J15/2002 Police 1/11/2003 1/15/2003 3/18/2003 Yes Rec. wrong patches, sent back, rec. correct order, waiting on credit I mmler 12/26/2003 Police 1/8/2003 1/15/2003 1/17/2003 Yes Had wrong namestrips on them, returned for correct ones, rec. correct ones, waiting on credit on inv.#91505040 Johnson. Thornale 1/17/2003 Utilities 1127/03\1131/03 1/30/2003 Yes Rec. SO# 1247298 first, rec. duplicate order SO# 1248451 second, send duplicate back for credit L-eal 4/7/2003 Police M_ill_i.n_es_, Duron 4/8/2003 Utilities Norfus 4/14/2003 Parks Petersen, Art 4/14/2003 Parks Poblano 4/14/2003 Parks Reynolds, John 4/14/2003 Utilities -- Richards (Namestrips) 3/20/2003 Police Roberts, Don 4/14/2003 Parks Rod rigu__e_s,__L. 4/7/2003 Police '~ossetti, Rocco 4/14/2003 Parks $ohn 4/7/2003 Police ._T_al~gran_d_ ..... 4/14/2003 Parks T_a_y_l_.gr, Bar__rD/_ 4/15/2003 Sanitation Willingham 4/14/2003 Parks Witt 1/17/2003 Fire 1/24/2003 1/30/2003 Yes Received duplicate order, shipped duplicate order back for credit Zavattaro '4/8/2003 Police References Orders that arrived .... incorrect and were - sent back for re-issue Will be reviewed daily ........ are highlighted in -: - ,ellow I Orders that are - .... highlighted in - blue are awaiting credit Pait, Britt From: jmills@superioruniformgroup.com Sent: Thursday, April 17, 2003 4:37 PM To: Pair, Britt Subject: FW: Matin Lamar Pending Ordem.xl... Britt, if you have any questions let me know on Monday ( we are off Friday 4/18 Have a good week-end JoElien > ..... Original Message ..... > From: Pair, Britt [SMTP:PaitB@ci.boynton-beach.fl.us] > Sent: Wednesday, April 16, 2003 3:02 PM > To: 'Joel!en Mills' > Cc: 'Steve Stidham'; DeMauro, Dominic > Subject: · The list attached has items that are waiting for credit highlighted in · blue. > Could you please check on these and let me know what is going on with · them. · A couple of them are a little old. Thanks. · · · <<Martin Lamar Pending Orders.xls>> > · Britt Pair · Warehouse · (561)742-6294 > <<Martin Lamar Pending Orders.xls>> i E_~pl_o_y__ee Name Date-Faxed Department Date Received Return/Exchange Return/Exchange Awaitin_g_Cre_dits ........ Date Sent Back Date Received Yes/No Brown, Tara 1/2J2003 Building 1/23/2003 1/30/2003 1/27/2003 Yes Wrong pants came in, reordered correct ones, rec. new ones, waitng on credit for inv. # 91524435 Clark, Silas 4/15/2003 Sanitation Dor. Asnor 4/15/2003 Parks ___ Frizer 4/14/2003 Parks ~age 4/1/2003 Police _ Graham 4/8/2003 Police Guid__,ry__ 4/14/2003 Parks Hickman 4/14/2003 Parks Huntington(PES) 12/1512002 Police 1/11/2003 1/15/2003 3/18/2003 Yes Rec; wrong patches, sent back, rec. correct order, waiting on credit I mmler 12/26/2003 Police 1/8/2003 111512003 1/17/2003 Yes Had wrong namestrips on them, returned for correct ones, rec. correct ones, waiting on credit on inv.#91505040 Johnson, Thornale 1/17/2003 Utilities 1/27/03\1/31/03 1/30/2003 Yes Rec. SO# 1247298 first, rec. duplicate order SO# 1248451 second, send duplicate back for crect~t _L_e_al _ 4/7/2003 Police M_ i!li_n_es,_Du ron 4/8/2003 Utilities Nod_us__ 4/14/2003 Parks Petersen, Art 4/14/2003 Parks ..... ~ o ~a~ ~3 4/14/2003 Parks R__eynolds, John 4/14/2003 Utilities Richards (Namestrips) 3/20/2003 Police Roberts, Don 4/14/2003 Parks Rodri_g~es, L. 4~7/2003 Police ...... Rossetti, Rocco 4/14/2003 Parks Sohn 4/7/2003 Police Talegrand 4/14/2003 Parks T_~_~lo~:,~B_~_rry_ 4/15/2003 Sanitation 'Willingham 4/14/2003 Parks ..... Witt 1/17/2003 Fire 1/24/2003 1/30/2003 Yes Received duplicate order, shipped duplicate order back for credit Zavattaro 4/8/2003 Police References IOrders that arrived iincorrect and were sent back for re-issue ........ Will be reviewed daily - are highlighted in ...... highlighted in blue are awaiting credit .... PLEASE ADVISE WHEN AND WHAT WAS RETURNED Pelt, Britt From: Pair, Britt Sent: Tuesday, March 11, 2003 3:15 PM '"o: 'Joellen Mills'; 'Tom Flaherty' ;c: DeMauro, Dominic; 'Steve Stidham' The following ~s a list of all the open orders and orders that are waiting on credits. Some of the ones that are waiting on credits are getting old so I need for you to find out what is going on with them. Thanks. Martin Lamar Pending Orders.xl.,. _ __E_m_pl__o_ye~e Name Date Faxed Department Date Received ReturnlExchang_~ .Retu[n/Exchan_ge Awaitinc. i Credits Date Sent Back Date Received Yes/No Arencil~ia (namestrios) 2/14/2003 Police Brown, Tara 1/2/2003 Building 1/23/2003 1/30/2003 1/27/2003 Yes Wrong pants came in, reordered correct ones, rec. new ones, waitng on credit for inv. # 91524436 credit memo 91521769 dated 2/5103 Cane. Rosa 2/20/2003 Parks _C.a _ssa_ (n_a m~es t~rip_ s ) 2/14/2003 Police - _C_o_r_cor__a__n_~n_a_mes__trips) 2/14/2003 Police Corwin, Michelle 2/26/2003 Golf Course - - Cyr (namestnps) 2/14/2003 Police Danysh 12/11/2002 Police. 1/8/2003 1/8/2003 1/15/2003 Yes Shirts had wrong namestrips on them, returned for new ones, rec. new ones, waiting on credit on inv credit memo 91591976 dated 3/14 Fernandez 3/4/2003 Fire Fernandez .3/4/2003 Fire Gabriel (namestrips} 2/14/2003 Police Gamier-Paul (namestr:2/14/2003 Police - Gr___een _(namestrips) 2/14/2003 Police Hamilton, Kat 3/10/2003 Facilities - Herrrnann 3/3/2003 Fire - iHuntington(PES) 12/15/2002 Police 1/11/2003 1/15/2003 3118/2003 Yes Rec. wrong patches, sent back but never rec. correct order, relaxed order on ?.J6/03 Immler 12/26/2003 Police 1/6/2003 1/15/2003 1/17/2003 Yes Had wrong namestrlps on them, returned for correct ones, rec. correct ones. waiting on credit on inv. credit memo 91577389 dated ivy. Wendell 3/10/2003 Utilities Johnson, Thomale 1/17/2003 Utilities 1/27/03\1/31103 1/30/2003 Yes Rec. SO# 1247298 first, rec. duplicate order SO# 1248451 second, send duplicate back for credit credit memo 91594978 dated 3/14/03 Lillie 2/20/2003 Police Powell (namestrips) 2/14/2003 Police S___mith (n_amestrips) 2/14/2003 Police _Sp.re~ng,_ Steve 2/26/2003 Utilities Suyono (namestrips) 2/14/2003 Police Tome 12/11/2002 Police 1/8/2003 1/15/2003 1/16/2003 Yes Shirts had wrong namestrips on them, returned for new ones, rec. new ones, waiting on credit on in~ credit memo 91594977 dated 3/14/03 Underwood, Archie 3/10/2003 Utilities Warehouse 2/26/2003 xxl workshirts Witt 1/17/2003 Fire 1/24/2003 1/30/2003 Yes Received duplicate order, waiting, on credit on inv~ 91526758 credit memo g1521771 dated 2/5103 References Orders that arrived incorrect and were sent back for re-issue Will be reviewed daily are highlighted in ellow Orders that are highlighted in blue are awaiting credit I_Employee Name Date'Fax'~'----ed Department Date eceJved ReturnlExchan9e Return/Exchange Awaitin~ Date Sent Back Date Received Yes/No Arencibia (namestrips) 2/14/2003 Police Brown, Tara 1/2/2003 Building 1/23/2003 1/30/2003 1/27/2003 Yes Wrong pants came in, reordered correct ones, rec. new ones, waitng on credit for inv. # 91524435 C_~ane, Rosa 2/20/2003 Parks C_a~s~s) 2/14/2003 Police Corcoran ~ 2/14/2003 Police Corwin, Michelle 2/28/2003 Golf Course Cyr (namestrips) 2/14/2003 Police Danysh ' 12/11/2002 Police 1/8/2003 . ~ 1/15/2003 · Yes Shirts had wrong namestrips on them, returned for new ones, rec. new ones, waiting on credit on inv.# 91505042 Fernandez 3/4/2003 Fire Fernandez 3/4/2003 Fire Ga~_b~ 2/14/2003 Police _ Gamier-Paul ~namestr 2/14/2003 Police ~ 2/14/2003 Police Hamilton, Kat ;3/10/2003 Facilities _L Herrmann 3/3/2003 Fire : Huntington(PES) 12/15/2002 Police 1/14/2003 ........ JJ15/200:~-!'- ~ .... pending Rec. wrong patches, sent back but never rec. correct order, refaxed order on2/6/03 Immler 12/26/2003 Police 1/8/2003 1/15/2003 .~ .-: 1117/2003 Yes Had wrong namestrips on them, returned for correct ones, rec..correct ones,waiting On'credit on inv,#91508040 Ivy. Wendell 3/10/2003 Utilities , Johnson, Thornale 1/17/2003 Utilities 1/27103\1131/03 pick-up pending ' Yes Rec. SO# 1247298 first, rec. duplicate order SO# 1248451 second, send duplicate back for credit Lillie 2/20/2003 Police Powell (namestrips) 2/14/2003 Police ~mith (namestrips) 2/14/2003 Police Spreng. Steve = 2/26/2003 Utilities Suyono (namestrips) 2/14/2003 Police Tome 12/11/2002 Police 1/8/2003 "- ~ 1/15/200:~ 1/16/2003 Yes Shirts had wrong namsstfips on them, returned for new o~es, rec. new ones, waiting on credit on inv/P31505041 Underwood, Archie 3/10/2003 Utilities ; : Warehouse '2/26/2003 xxl workshirts~ Witt 1/17/2003 Fire 1/24/2003 1/30/2003 "' Yes Received duplicate order, waiting on credit on inv~ 91526758 References Orders that arrived -- incorrect and were ., sent back for re-issue :~:.; Will be reviewed daily ~:; ...~.~. are highlighted in :~ ~ Orders ~at are highlighted in blue are awaiting .redit Pait, Britt From: Pait, Britt Sent: Friday, February 14, 2003 10:54 AM To: 'Joellen Mills' Martin Lamar Pending Orders.xl... Joellen, Attached is a list of all the orders that are currently open or need credits. Can you please give me delivery dates on the open orders and let me if there is a credit for the ones that are highlighted in blue, and if there is can you fax them to me. Thanks. Emplo_y_e_e N~a_me Date- ....... ange Return/Exchange Awaiting~ -'- Date Sent Back Date Received yes/N~ Anderson 2/3/2003 Fire 2/6/2003 pick-up pending Ordered wrong style pants, reordered correct ones, waiting for new ones Arencibia (namest~'il3s) 2/14/2003 Police _Bob 2/5/2003 Code Comp Bornick, Vickie 2/13/2003 Utilities Brown, Tara 1/2/2003 Building 1/23/2003 pick-up pending 1/27/2003 Yes Wrong pants came in, reordered correct ones, rec. new ones, waitng on credit for inv. # 91524435 Cassa (namestrips) 2/14/2003 Police ~Cor_c_or_a_n (namestrips) 2/14/2003 Police _C~_~n~amestrips) 2/14/2003 Police Damus, Elifaite 2/13/2003 Utilities Danysh 12/11/2002 Police ' 1/8/2003 1/8/2003 1/15/2003 Yes Shirts had wrong namestrips on them, returned for new ones, mc. new ones, waiting on credit on inv.# 91505042 Defil!ip_!s 2/13/2003 Fire :Diez 1/29/2003 Police ?_ru_mm 2/5/2003 Fire Foltz 2/13/2003 Fire Fullerton, Betty 1/2/2003 Building 1/21/2003 1/22/2003 1/22/2003 Yes Wrong pants came in, reordered correct ones, rec. new ones, waitng on credit on ittv.# 91520863 G~a~ 2/14/2003 Police Gamier-Paul (namestr 2/14/2003 Police 'Glass, Dave 1/29/2003 Utilities ~reen_~_~namestrips) 2/14/2003 Police Hatcher, Allen 2/11/2003 Solid Waste Hollihan 1/29/2003 Police 2/6/2003 ' pick-up pending Shirts were missing Reserve Officer Rockers, sent back to get rockers put on Huntington(PES) 12/15/2002 Police 1/11/2003 1/15/2003 pending Rec. wrong patches, sent back but never rec. correct order, relaxed order on 2/6/03 mmler 12/26/2003 Police 1/8/2003 1/15/2003 1/17/2003 Yes Had wrong namestrips on them, returned for correct ones, rec. correct ones, waiting on credit on inv.#91505040 Jackson, Andra 1/27/2003 Utilities Johnson, Thornale 1/17/2003 Utilities :1/27/03\1/31/33 ' pick-up pending Yes Rec. SO# 1247298 first, rec. duplicate order SO# 1248451 second, send duplicate back for credit Kovach 2/13/2003 Fire Kruse 2/13/2003 Fire Labbe 2/3/2003 Police 'Lederhandler 1/31/2003 Fire Noel 12/26/2002 Police ' 1/29/2003 1/30/2003 1/31/2003 Yes Shirts had wrong namestrips, reordered new ones, mc. new ones, waiting on credit on order81219428 Olson. Chds 2/13/2003 Utilities Phillips, Sue 12/6/2002 Golf Course 12/26/2002 1/8/2003 1/24/2003 Yes Rec. wrong pants, sent back, rec. co~ect pants, waiting on credit on order8 1210418 P~o~ 2/14/2003 Police ~ston Jr. 1/15/2003 Utilities Rickli, Michael 2/13/2003 Utilities _ Roberston, Dravious 2/13/2003 Utilities _Rodriguez, A. 1/29/2003 Police _ _. Rodriguez. Frank 1/21/2003 Vehicle Schoenfeld 12/11/2002 Police 1/7/2003 1/8/2003 1/17/2003 Yes Rec. shirts, had wrong namestrips, sent back to get altered, rec. correct shirts, waiting on credit on inv~91503742 Smith (namestnps) 2/14/2003 Police S_~o__n _o_(r~ a me str~p_s ) 2/14/2003 Police -aylor. Ron 2/13/2003 Utilities ome 12/11/2002 Police '1/8/2003 1/15/2003 1/16/2003 Yes Shirts had wrong namest~ps on them, returned for new ones, mc. new ones, waiting on credit on inv~91505041 Vickers, Barb 1/15/2003 UfiF~ies 1/22/2003 pick-up pending 1/24/2003 Yes Rec. shorts instead of pants, sent new pants, returned shorts, waiting on credit on inv~9t$22674 Witt 1/17/2003 Fire 1/24/2003 pick-up pending Yes Received duplicate order, waiting on credit on inv~ 91526758 References Orders that arrived incorrect and were sent backfor -' re issue Will be reviewed daily are highlighted in '. ~..~..: - IOrders that are highlighted in blue are awaiting credit Pait, Britt From: Pait, Britt Sent: Thursday, January 30, 2003 7:06 AM To: 'Joetlen Mills'; 'Tom Flaherty' Cc: DeMauro, Dominic; 'Steve Stidham' This is a list of all the open orders, orders that are 30 days old (highlighted in pink), orders that I received and returned but have not received them back (highlighted in yellow), and orders that I need credit for (highlighted in blue). On the ones that need credit, go over these and when they are done fax me a copy of the credits. I still need for you to give me a delivery date on the orders that are 30 days old also. Thanks. Martin Lamar Pending Orders.xl... Date Sent Back Date Received Yes/No Anderson 1/15/2003 Fire Ammein, Christopher 1/9/2003 Fire Antonucci, Darren 1/22J2003 Utilities Briganti 1/29/2003 Police Brown, Tara 1/2/2003 Building 1/23/2003 pick-up pending 1/27/2003 Yes Wrong pants came in, reordered correct ones, waitng on credit Carpenter 1/29/2003 Fire Clemons 1/15/2003 Fire Danysh 12/11/2002 Police '1/8/2003 1/15/2003 Yes Shirts had wrong namsetripa on them, returned for new ones, rec. new ones, waiting on credit Davis, C. 1/29/2003 Police DeFillipis, Andrew 1/9/2003 Fire DeGiulio (Namestdps) 1/2/2003 Police Diez 1/29/2003 Police Erskine, Bill 1/2/2003 Building 1/9/2003 ;~: 1115/2003 1/13/2003 Yes Pants were not hemmed, reordered new ones, rec new ones, waiting on credit Fullerton, Betty · 1/2/2003 Building _:.~:.1/21/2003. ~:.' .... 1/22/2003 1/22/2003 Yes Wrong pants came in, reordered correct ones,:waltng on credit Gage '- ;' 11/25/2003 Police .;.. 12/26/.0.3\1/03/0.'- ~ ~; 118/2003 ~ 1103103~,1107103 Yes Shirts had wrong namestrips on them 2times, sent back'2 Ijm~s, ~.~rmCt. ones, need 2 credits Girardi, Roxanne 11/8/2003 Fire Glass, Dave "1/29/2003 Utilities Griswold (Namestrips)1/2/2003 Police Hagg, John 1/27/2003 Fire Hollihan ' 1/29/2003 Police Hunfington(PES) 12/15/2002 Police 1/11/2003 1115/2003 pending Rec. wrong patches, sent back but never rec. correct order Huntington ' 1/13/2003 Police Huntington .1/1312003 Police Huntington ~ 1/13/2003 Police Immler "· i2/28/2003 Police 118/2003 ? 1115/2003 1/17/2003 Yes Had wrong namestrips on them, retumed for correct one~, rec; correct ones, waiting on credit Jackson, Andra i 1/27/2003 Utilities _Koch (Namestrips) 1/2/2003 Police Kovatch 1/9/2003 Fire Kovatch 11/9/2003 Fire Law, Mark Jr. 1/2/2003 Utilifie~ -'~7~71/9/200-3~-'~ -''- ~-' ~ i~5/2003 1116/2003 ..... Yes Rec. pants, they were not hemmed, sentback, rec. correct o.ne$, waiting on credit Leal ' 1/29/2003 Police McNevin (Namestrips)l 1/2/2003 Police Pearce, Mason 11/15/2003 Fire Phillips, Sue '; :12/6/2002 Golf Course "_12/26/2002 '~I1~/2003 1/24/2003 Yes Rec. wrong pan~, sent back, rec. correct pants, waiting ol~'c~iit i.'-. ' " Reddick, Royston Jr. ~ 1/15/2003 Utilities Roddguez, A. ' 1/29/2003 Police Roddgudz, Frank '. 1/21/2003 Vehicle Schoenfeld 12/11/2002 Police i ..~1/7 003~_.~~;; 118/2003~. 1/17/2003 Yes Rec. shirts, had wrong namestdpa, sent back~, geta ~_._.r~..~.~.c.~ co ~rrect shirts, wail:lng on credit Shendan ,1/29/2003 Police Tome 12/11/2002 Police ~ 1/8/2003..'~._;,... 1115/2003 ~. 1116/2003 Y, es Shirts had wrong namestrips on them, retumed for new one~, rec. new one~, waiting on credit ' P~qit, Britt From: Sent: Tuesday, February 04, 2003 4:33 PM To: Pair, Britt Subject: FW: Ha~in Lamar Pending Ordem.xl... if you have any questions please let me know...Thanks, JoEllen > ..... Original Message ..... > From: Pair, Britt [SMTP:PaitB@ci.boynton-beach.fl.us] > Sent: Thursday, January 30, 2003 7:06 AM > To: 'Joetlen Mills,; 'Tom Flaherty, > Cc: DeMauro, Dominic; 'Steve Stidham, > Subject: > > This is a list of all the open orders, orders that are 30 days old > (highlighted in pink), orders that I received and returned but have not > received them back (highlighted in yellow), and orders that I need credit > for (highlighted in blue). On the ones that need credit, go over these and > when they are done fax me a copy of the credits. I still need for you to > give me a delivery date on the orders that are 30 days old also. Thanks. > > <<Martin Lamar Pending Orders.xls>> <<Martin Lamar Pending Orders.xls>> This email transmission and any documents, files ~ous email messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Turco 1/2872003 Police Vickers, Barb 1/15/2003 Utilities 1/22/2003 pick-up pending 1/24/2003 Yes Rec. shorts instead of pants, sent new pants, retumed shorts, waiting on credit Warehouse 1/9/2003 EMS Pants Witt 1/17/2003 Fire 1/24/2003 pick-up pending Yes Received duplicate omler, waiting on credit Woznick 1/29/2003 Fire References Orders that arrived ..... incorrect and were sent back for re-issue Will be reviewed daily are highlighted in ,, I Orders that am - highlighted in ', blue are awaiting credit 'Pait, Britt From: Pait, Britt Sent: Tuesday, January :21,2003 2:54 PM To: 'Joellen Mills'; 'Tom Flaherty' Cc: DeMauro, Dominic; 'Steve Stidham' Martin Lamar Pending Orders.xl... Here is the list of orders 30 days old for this week. Please give date on old orders and any others close to 30 days old. Thanks. __. Employee Nam__~ Date Faxed DepaF[ment Delive~ Date See _below for references -- J Anderson .... 1.~15/20-~3 Fire _ An_d__er~son ..... :1/15/20~33 .......... Fire- Brown, Tara - 1/2,/2003 ...... [~uilding - ..... Clemons 1/15/2003 Fire __ Espinoza, Melissa 1/15/2003 Utilities- ..... - Felter 111312003__ Police Fullerton, Betty 1/2/2003 Building Girardi, Roxanne 1/812003 Fire Girardi, Audrey 1/8/2003 Fire Graham, Arkansas 1/15/2003 Utilities Harris, K. 1/13/2003 Police Huntington 1/13/2003 Police __ Huntington 1/13/2003 Police Huntington 1/13/2003 Police _ Immler 12/26/2002 Police ~ Isom, Karey 1/15/2003 Utilities --- Johnson, Thornale 1/17/2003 Utilities Kytoski, Andrew 1/8/2003 Fire Millines, Duron 1/10/2003 Utilities Moore, Alton 1/17/2003 Solid Waste Morman 1/17/2003 Fire Noel 12/26/2002 Police Olson, Chris 1/15/2003 Utilities Pearce, Mason 1/15/2003 Fire ._ Prince, Jan/is 1/8/2003 Fire ..... Reddick, Royston Jr. -- 1/15/2003 --~-0tiliti---e~- Roberts, Earnest 1/15/2003 Utilities Senseman, Michael 1/8/2003 Fire - ' Senseman, Joesph 1/8/2003 Fire Silva 1/13~2003 Police Vickers, Barb 1/15/2003 Utilities Warehouse 1/9/2003 EMS Pants Witt 1/17/2003 Fire References Orders that are highlighted ..... are being reviewed for delivery dates - - - P, ait, Britt From: Pair, Britt Sent: Wednesday, January 15, 2003 6:54 AM To: 'Joellen Mills'; 'Tom Flaherty' Cc: DeMauro, Dominic; 'Steve Stidham' Joellen, This week there are two different color highlighted items. Yellow is for orders 30 days or older. Pink ~s for ttqe otters that areWereand°n putthe datesliSt laStforWeekthe newand ones.l still tqaveThanks.nOt received them. So if you could check the old orders and find out where they Martin Lamar Pending Orders. xl... Employee Narr~ Date Faxed Department Delivery Date See below for references ~__. Brown, Tara 1/2/2003 Building ..... Burnell 1/13/2003 Police Danysh 12/11/2002 Police Received but had wrong namestril3s Felter 1/13/2003 Police Fulterton, Betty 1/2/2003 Building Girardi, Roxanne 1/8/2003 .. Fire Girardi. Roxanne 1/8/2003 ~ Fire Girardi, Audrey 1/8/2003 , Fire Girardi, Audrey 1/8/2003 Fire Hams, K. 1/13/2003 Police Huntington 1/13/2003 Police Huntington 1/13/2003 , Police Huntington 1/13/2003 Police Immler 12/26/2002 Police Kytoski, Andrew 1/8/2003 Fire Kytoski, Andrew 1/8/2003 Fire Millines, Duron 1/10/2003 Utilities Nance 12/26/2002 Fire Noel 12/26/2002 Police Pdnce, Jarvis 1/8/2003 Fire Prince, Jarvis 1/8/2003 Fire Rosenberg 1/13/2003 Police Schoenfeld 12/11/2002 Police Received but had wrong namestrips Senseman, Michael 1/8/2003 ' ~ Fire Senseman, Michael 1/8/2003 ~ Fire Senseman, Joesph 1/8/2003 Fire Senseman, Joesph 1/8/2003 Fire Silva 1/13/2003 i Police Tome 12/11/2002 ..... Police Received but had wrong namestdps Warehouse 1/9/2003 EMS Pants References Ordem that are highlighted are being reviewed for delivery dates Pait, Britt From' ~ DeMauro, Dominic Sent: Friday, January 10, 2003 1:59 PM To: 'Joellen Mills'; 'Tom flaherty' Cc: 'Steve Stidham'; Pait, Britt Subject: FW: Britt faxec you this list on Tuesday along with the new policy that we put in place and we askec that you please rev:ew list and fax it back to us by Friday (1/10/03) which is today. There are still orders that are 30 days old that have not come in. We still have not received this list on delivery dates on orders that are 30 days old. Just a reminder the warehouse closes at 3:30 pm. Please fax the list back over. ..... Original Message ..... From: Pait, Bdtt Sent: Tuesday, January 07, 2003 6:36 AH To: OeMauro, Dominic Subject: Martin Lamar Pending Orders.xl... Pait, Britt From: jmills@super!oruniformgroup.com Sent: Friday, January 10, 2003 2:52 PM To: Pait, Britt Subject: RE: okay !'!i check with Tom again ..... > ..... Original Message ..... > From: Pair, Britt [SMTP:PaitB@ci.boynton-beach.fl.us] > Sent: Friday, January 10, 2003 2:45 PM > To: jmi!ls@superioruniformgroup.com > Subject: RE: > > The one for Debby Davis is one of the jumpsuit that we had embroidered. It > came in but did not have her name embroidered on the front, so I sene > back ~hrough Tom. That was a couple of weeks ago. I already received ~he > invoice for it, so that is why it probably is not showing up in your > system. > ..... Original Message ..... > From: jmills~superioruniformcroup.com > [mailto:jmil!s@superiorunifo~mgroup.com] > Sent: Friday, January I0, 2003 2:24 PM > To: DeMauro, Dominic > Cc: Pair, Britt > Subject: FW: > ~ have put in the ship dates for the orders that you had high lighted. I > am > still working on a few of the other one and should have the dates done > before 3:30 today. Thank You JoEllen > ..... Original Message ..... > From: DeMauro, Dominic [SMTP:DeMauroD@ci.boynton-beach.fl.us] > Sen~: Friday, January 10, 2003 1:59 PM > To: 'Joellen Mills'; 'Tom flaherty' > Cc: 'Steve Stidham'; Pair, Britt > Subject: FW: >> > Britt faxed you this list on Tuesday along with the new policy ~ha~ we put ~ - > in place and we asked that you please review this list and fax it back to > US > by Friday (1/10/03) which is today. There are still orders that are 30 > days > old thau have not come in. We still have not received this list on > delivery > dates on orders that are 30 days old. Just a reminder the warehouse closes > at 3:30 pm. Please fax the list back over. >> > > ..... Original Message ..... > > From: Pair, Britt > > Sen~: Tuesday, January 07, 2003 5:36 > > To: DeMauro, Dominic > > Subject: Pa. it, 'Britt From: ~ jmills@superioruniformgrou~3,com Sent: Friday, January 10, 2.003:2:24 PM To: DeMauro, Dominic Cc: Pair, Britt Subject: FW: Ma~inLamar PendingO~ers,xl... I have put in the ship dates for the orders that you had high lighted. I am still working on a few of the other one and should have the dates done before 3:30 today. Thank You JoEllen · ..... Original Message ..... · From: DeMauro, Dominic [SMTP:DeMauroD@ci.boynton-beach.fl.us] > Sent: Friday, January 10, 2003 1:59 PM · To: 'Joellen Mills'; 'Tom flaherty, · Cc: 'Steve Stidham'; Pair, Britt > Subject: FW: · · Britt faxed you this list on Tuesday along with the new policy that we put · in place and we asked that you please review this list and fax it back to · us > by Friday (1/10/03) which is today. There are still orders that are 30 · days > old that have not come in. We still have not received this list on · delivery · dates on orders that are 30 days old. Just a reminder the warehouse closes · at 3:30 pm. Please fax the list back over. · · · ..... Original Message ..... · · From: Pair, Britt · · Sent: Tuesday, January 07, 2003 6:36 AM · · To: DeMauro, Dominic · · Subject: >> > > <<Martin Lamar Pending Orders.xls>> <<Martin Lamar Pending · Orders.xls>> This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized to receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Pait, Britt From: Pait, Britt Sent: Friday, January 10, 2003 2:45 PM To: jm'lls@supencruniformgroup.com' Subject: RE: The one for Debb¥ Davis is one of zhe jumDsuit that we had embro,~ ..... i: came no: have her name embroidered on :he front, so ~ ~ sen: it back through Tom. /ha: '...'as a couple of 'weeks ago. ! already received the invoice for it, so :hat is why ~ rrcoaOl-.- not showing up in ?'our system. - ..... Original Message ..... From: jmills~superioruniformgroup.com [mailto:jmills~superioruniformgroup.com] Senn: Friday, January 10, 2003 2:24 PM To: DeMauro, Dominic Cc: Pa!t, Britt Subject: FW: I have put in the ship dates for the orders that you had high lighted, i am still working on a few of the other one and should have the da:es done before 3:30 Thank You JoEllen > ..... Original Message > From: DeMauro, Dominic [SMTP:DeMauroD@ci.boynton-beach.fl.us] > Sent: Friday, January 10, 2003 1:59 PM > To: 'Joeiien Mills'; 'Tom ftaherty' > Cc: 'S~eve Stidham'; Pair, Britt > Subject: FW: > > Britt faxed you this list on Tuesday along with the new policy fha/ we put > in place and we asked that you please review this list and fax > US > by Friday (1/10/03) which is today. There are still orders that are 30 > days > old that have not come in. We still have not received this list on > de! ~ ve~,, > da:es on orders that are 30 days old. Just a reminder the warehouse closes > at 3:30 pm. Please fax the list back over. > > > ..... Original Message > > From: Pair, Britt > > Sent: Tuesday, January 07, 2003 6:36 > > To: DeMauro, Dominic > > Subjec-,: > > <<Mar:in Lamar Pending Orders.xls>> <<Martin Lamar Pending > Orders.:~.ls>> This emai' transmission and any documents, files or previous emaii messages a::ached to it may contain information that is ccnfidentiai or legally pri-.-ileged. If you are not the addressee or authorized to receive :his message for the addressee, you may not use, copy or disclose ~o anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanensl?- destroy any copies you may have. Employee N~--"~"------- Date Faxed Department Delivery Date See b_elo__w for referen__c?s Altman 12/18/2002 Fire Bronson 12/9/2002 .... Police came in Brown, Tara 1/2/2003 Building I Cane 1/2/2003 Solid Waste , Danysh 12/11/2002 Police Davis, Debby 10/24/2002 '".' '~ Fire - -- Donovan, Bob 1/2/2003 Building Dore 1/2/2003 Police Erskine, Bill 1/2/2003 Building Escobar, Pedro 1/2/2003 Building '~,~-"- Everett ,, ~,~,,-~ ~ .-? "'~':i- 11/27/2002~i:~;'--PoliCe ~-- ~;.<¢~:~ ~O1! ~ourse FI ........... '~"~ ..... came in ushmg lo/z~nn,~-- ~ ........ .- Fullerton, Betty .,,~,~:.; ...... ,. rim. 1/2/2003 Building Green. I. 1/2/2003 Solid Waste Henderson 1/3/2003 Fire " '-;, - '--'.".,~ ~'~,- ~ t-Ire :-. ~ :- Huntingt°n~ .i~?;~ ~:~¢:~?~?~.:; 10115/20027~,.~.,~ Police Huntin .~' ' :~',&~'-' ,~ ...... -A~.,; ....... came in ........................... ~ .... -2/9/2002~~ Porte came in Immler 12/26/2002 : Johnson, Don 1/2/2003 Building _ Large, Tim 1/2/2003 Building .__ Law, Mark Jr. 1/2/2003 Utilitie.,-, Lev-Hat 12/12~2002 Police - Nance 12/26/2002 Fire Noel 1 2/26/2002 Police Pagliarulo, John 1/312002 Building Reinhold 12/20/2002 Police .,.Ricard, Mike 1/2/2003 Building .... --:~.,,,::~,: · ,-,,,~ came in Schoenfeld 12/11/2002 Police Spruill 12/26/2002 Police Steg, Glen i 1/3/2002 Building .... swan ..... ~"::~'" ':**::"~¢' ':' 11/27/2002 ~.._-,=.- ..... ~olice Tome 12/11/2002 ¢ Police ~ BDU Pants Warehouse 1211912002 Warehouse 12/1512002 i EMS Pants Watson 1/2/2003 ~ Solid Waste Williams 1/2/2003 Solid Waste Zampini 1 2/20/2002 Police References Yames with (*) are b/o or aiteration~ ,rders that are in bold and underliner Pait, Britt From' ~ Pa~t. Britt Sent: Monday, January 06, 2003 2:31 PM To: 'Joellen Mills'; 'Steve Stidham' Cc: DeMauro, Dominic Martin Lamar Pending Orders.xl... Joellen, This is a list of all the outstanding orders. I need for you to email or fax all the delivery dates back to me by the end of today(3:15), thanks. Britt Pait Warehouse City of Boynton Beach (561 )742-6294 "Pa'it, ~ritt From: ~ irnills@superiorunifbrmgroup.com Sent: Monc~ay, January 06, 2003 3:04 PM To: Pair, Britt ~ubject: RE: I am Trying to put da~es for this week on all of these orders, once i get them confirmed I will email you to advise when they have shipped.. Thanks JoEllen > ..... Original Message ..... > From: Pair, Britt [SMTP:PaitB@ci.boynton-beach.fl.us] > Sent: Monday, January 06, 2003 2:31 PM > To: 'Joellen Mills'; 'Steve Stidham' > Cc: DeMauro, Dominic > Subject: > > <<Martin Lamar Pending Orders.xls>> > > Joe!!en, > This is a list of all the outstanding orders. I need for you to emai! or > fax > all the delivery dates back to me by the end of ~oday(3:lS) thanks > Britt Pair > Warehouse City of Boynton Beach ~ (561)742-6294 << File: Martin Lamar Pending Orders.xls >> This email transmission and any documents, files or previous emai! messages attached to it may contain information that is confidential or legally privileged. If you are not the addressee or authorized zo receive this message for the addressee, you may not use, copy or disclose to anyone this message or its contents. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Pait, Britt From: : jmills@superioruniformgroup.com Sent: Friday, January 10, 2003 3:04 PM To: Pair, Britt Subject: FW: Matin Lamar Pending Order$.xl... ~i, okay from what I can tell you should of received the majority of the orders on this list, but if you don't have any of the orders please lee me know and I will do tracers to find them...Thanks, JoEllen > ..... Original Message ..... > From: Pair, Britt [SMTP:PaitB~ci.boynton-beach.fi.us] > Sent: Monday, January 06, 2003 2:31 PM > To: 'Joellen Mills'; 'Steve Stidham' > Cc: DeMauro, Dominic >.Subject: > · <<Martin Lamar Pending Orders.xls>> · · Joe!len, · This is a list of all the outstanding orders. I need for you to emai! or · fax > all the delivery dates back to me by the end of today(3:15), thanks. > > > Britt Pair · Warehouse · City of Boynton Beach > 561)742-6294 <<Martin Lamar Pending Orders.xls>> This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not' the addressee or authorized to receive ~his message for the addressee, you may not use, copy or disclose ~o anyone this message or its conten~s. If you have received this message in error, please notify the sender immediately and permanently destroy any copies you may have. Employee Nafite Date Faxed Depai~ment Delivery Date S, ee below for references Altman 12/18/2002 Fire Bronson 12/9/2002 Police Brown, Tara 1/2/2003 BuildiNg Cane 1/2/2003 Solid Waste Chaney 12/9/2002 Police Danysh 12/11/2002 Police Davis, Debby 10/24/2002 Fire Donovan, Bob 1/2/2003 Building Dore 1/2/2003 Police Erskine, Bill 112/2003 Building ....... Escobar, Pedro 1/2/2003 , Building Everett 11/27/2002 ! Police -- Falstad, Eric 11/27/2002 t Golf Course Flushing 12/4/2002 I Fire Fullerton, Betty 1/2/2003 i Building Gage 11/25/2002 I Police Green, I. 1/2/2003 , Solid Waste Henderson 1/3/2003 r Fire -- Henkle 11/27/2002 I Fire Huntington 10/15/2002 t Police Huntington 12/9/2002 Police Huntington 12/9/2002 I Police Huntington 12/9/2002 I Police Huntington 12/9/2002 i Police Immler 12/26/2002 I Police Johnson, Don 1/2/2003 i Building Large, Tim 1/2/2003 ~ Building Law, Mark Jr. 1/2/2003 ~ Utilities Lev-Har 12/12/2002 Police Mims, James 12/16/2002 Utilities Nance 12/26/2002 Fire Noel 12/26/2002 Police Pagliarulo, John 1/3/2002 Building Reinhold 12/20/2002 Police Ricard, Mike 1/2/2003 Building Rodriguez, W. 12/9/2002 Police Schoenfeld 12/11/2002 ~ Police Spruill 12/26/2002 i Police Steg, Glen 1/3/2002 ! Building Swan J 11/27/2002 I Police Tome 12/11/2002 Police Warehouse 12/19/2002 BD U Pants Warehouse 12/15/2002 EMS Pants Watson 1/2/2003 Solid Waste Williams 1/2/2003 Solid Waste Zampini 12/20/2002 Police References ?ait, Britt From: Sent: Friday, January !0,200~3 3:04 To: Pait. Britt Subject: FW: Ha~in ~mar Pending Ordem.xl... Hi, okay from what I can ~eil you should c,~ uecei-.,ed ~he ::a:c:i~',. cf the orders on this list, but if you don't have an-- of ~ne cr~ ..... - _ I will do tracers to find ~hem...?ha::.::~, JoEilen ..... ~===se lee me know and > ..... Original Message ..... > From: Pai~, Britt [SMT~:Pa:~5!- c~i..n~cx_~e~ch.f!.as. > Sen~: Monday, Januar,y 06, 2£CL l:Si > To: 'Joellen Mills'; 'Steve > Cc: DeMauro, Dominic > Subject: > <<Martin Lamar Pending ~ ~r~rs.:.:!s: ~ > > Joellen, · > This is a list of all the ou~s~and:~: ,~.~ > fax ~ - ...... need ~,~ Vcu to emai! or > all the delivery dates back =c me h'. the end of soda-- > 5hanks. Britt Pair Warehouse City of Boynton Beach 561)742-6294 <<Martin Lamar Pending CrJers.>:is>> This emaii transmission and an'y dccumen:a, fi_es cr messages attached to it ma~, contain infu:mati,:,n ~=- is ::nfJdentia! or legally privileged. If you are no: receive this message for the ~'--- disclose ~o anyone this message or i%~: :onuen/:. if ?o~ have .... ired zhis message in error, please ncsi= ~: permanently destroy any copies you Altman 12/18/2002 i Fire Bronson ~ 12/9/2002 I..._ Police Brown, Tara ~ 1/2/2003 ! Building Cane I 1/2/2003 Chaney '----- ~ Solid Waste Danish .~ ~1~9,~0,,0~2., i Police Davis, Debby ~I--~P°lice _._.._._...__Fire Donovan, Bob I 1/2/2003 -- Erskine, Bill ~ 1---'~-~-'~~ --------- P°lice Building ------__ Escobar, Pedro 1/2/2003 Everett Police Falstad, Eric 11/27/2002 ~ Course Flushing 12/4/2002 .__.~Fire Fullerton, Betty_ 1/2/2003 ._______ (~a..~_ 11/2"'-'-----s/2002 ________Police Green, I. 1/2/2003 Soli.._~d Waste Henderson 1/3/2003 Fire Henlde 11/27/2002 Fire Huntin_~on 10/15/2002 Police Huntington 12/9/2002 P.__.~olice Huntington 12/9/2002 .__~Police ----__..__ Huntington 12/9/2002 P.___~olice Huntin_.~ton 12/9/2002 - ~Police Immler 12/26/2002 Police Johnson, Don 1/2/2003 Lar_...~q.~_, ~m 1/2/2003 Law, Mark Jr. ~ 1/2/2003 Utilities ~ ---.--.._.__._ Lev-Har 12/12/2002 Police Mime, James 12/16/2002 Uti._._~lities Nance 12/26/2002 Fire Noel 12/26/2002 Police Pa[~liarulo, John 1/3/2002 Buildin Reinhold 12/20/2002 P.__..~olice Ricard, Mike 1/2/2003 Roddguez, W. 1--~-"~/2002 Police Schoenfeld 12/1..._.___.._~11/2002 -------~olice .____~.~_~ruill Police Steg_.~_Glen 1/3/2002 Bull, _ Swan "~ 'Police' Tome 12/11/2002 Police Warehouse 12/19/2002 BDU Pants Warehouse 12/15/2002 EMS Pants Watson 1/2/2003 Solid Waste Williams 1/2/2003 Solid Waste 7~mpini 12/20/2002 Police Referencee Uniform Committee Comments I. No local tailor or seamstress 2. All returns must be handled through UPS or held for sales rep. to pick up. (Delaying the employees orders even longer when the order was shipped incorrect). 3. New Firefighters and new Police officers having to be sized by warehouse personnel because there is no local facility to send them to. If not sized by warehouse personnel it would have to be scheduled through Martin Lamar. in some cases taking 4-5 days. Therefore the department needs would not have been met for the new officers. 4. No local embroidery to assist the Police department with the name strips, this has been a major issue with Chief Gage this past year. Name strips have been ovemighted to the warehouse from Martin continuously. 5. Unavailable to meet the departments' demands, in some cases employees have been promoted to a higher level (honor guards, sergeants, detectives back to street patrol). These uniforms were requested to be shipped overnight due to the fact that all uniforms had to be shipped through UPS delaying the order 2-3 days for ground delivery. The only way to meet the departments needs and get these officers onto the street were to have them shipped overnight. V.-CONSENT AGENDA WEH CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOlnaVl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business '~' RECOMMENDATION: Recommend passage of Letter of Understanding. EXPLANATION: Clarification of language in Article 4, Union Business, of IAFF contract consistent with the intent of the negotiation process. PROGRAM IMPACT: This Letter of Understanding provides a mechanism of payment when Union Officials and Union Representatives exercise the option of using hours from a Union Time Pool (hours donated by Union Members). The Union Time Pool option, as defined in Section 2 and 3 of Article 4 is a default option that will be used only in cases whereby the provisions of Section 1 cannot be utilized due to staff constraints. FISCAL IMPACT: Replacement personnel, within the context of Section 2 and 3 of Article 4, will be compensated from funds drawn from an established reimbursable overtime account, on an hour for hour basis, the hour(s) then deducted from a pool of time donated by union members. ALTERNATIVES: Do not ratify the attached Letter of Understanding and allow existing language to remain ~"~ ~undefined. Department Head.~gnature Signature Department Name inance / Human Resources S:~BULLETIN~ORMSL~kGENDA ITEM REQUEST FORM.DOC LETTER OF UNDERSTANDING TO: Mr. Randy Jute, President, I.A.F.F. Local 1891 FROM: William L. Bingham, Fire Chief SUBJECT: Letter of Understanding regarding Union Business, Article 4, specifically the Union Time Pool provision (Sections 2 and 3), IAFF Collective Bargaining Agreement DATE: June 13, 2003 WHEREAS the Union Business article was modified from the preceding collective bargaining agreement, and implemented upon ratification, and WHEREAS an issue was identified post-ratification relating specifically to the manner in which employees filling the positions of union members exercising this option would be compensated, which, if not resolved, will create confusion in its interpretation and discrepancy in its application, and WHEREAS, through the Fire Rescue Department's Labor Management Team process, a resolution was identified that is satisfactory to both parties and consistent with the intended design of this collective bargaining provision. THEREFORE it is the intent of this Letter of Understanding to resolve the above issue by agreeing that 1) Union representatives will first attempt to obtain Union Business time through the provisions of Section 1, if available, and if not, to default to the Union Time Pool (Sections 2 and 3) which refer to the time donated by union members. 2) Replacement personnel will be compensated on an hour-for-hour (straight time) basis for the number of hours worked, the funds drawn from an established reimbursable overtime account. 3) Each time this provision is utilized, a number of hours equal to the hours worked by the replacement personnel will be deducted from the Union Time Pool. 4) All Union Time must be approved by the Shift Commander. This change shall have no impact on other part of this Article or on any other provision of the collective bargaining agreement. All other articles remain unaffected. This change shall be effective upon ratification by both parties. Mr. Randy Jute, President, I.A.F.F. Local 1891 Date Mr. Kurt Bressner, City Manager Date Date ratified by City Date ratified by Union · ' RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH ASSOCIATION OF FIRE FIGHTERS, LOCAL 1891 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, CLC (IAFF); AUTHORIZING EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the IAFF have previously into a Collective Bargaining Agreement; and WHEREAS, the City and the IAFF have agreed that a discrepancy was dentified in Article 4, and that clarification of this Article was necessary; and WHEREAS, the City and the IAFF have amicably worked together to the language in Article 4, Union Business to correctly reflect the agreement ,etween the parties; NOW, THEREFORE, BE IT RESOLVED BY THE CITY iOMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby ratify the Memorandum of Understanding between the City of Boynton leach and the IAFF, a copy of which is attached hereto a nd m adc a p art o f t he urrent Collective Bargaining Agreement Section 2. This Resolution will become effective immediately upon )assage. PASSED AND ADOPTED this day of August, 2003. ;:\CALRESOXAgreements\CBA Ratifications~BBFD LOU 070803.doc CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner kTTEST: 2ity Clerk iCorporate Seal) ;:\CAhR. ESO',Agreernents\CBA RatificationsXBBFD LOU 070803.doc C.2 .. CITY OF BOYNTON BEC AGENDA ITEM QUES t ReqUest~ Cit¥ C om~issi°n Date~~ R~u~t~ Ciw C°mmissi°n ~ 7 2003 luly ~4, 2003 tN~n'~ October 6, 2003 August 5. 2003 ~ Octob~ 21. 2003 August 4, 2003 ~N~n} Octobe~ 20. 2003 b~ 5 ~003 August/9, 2003 ~ No*em AuguSt 1~, 2003 iN--nj Novemb~ 3, 2003 IN~n) ~ s~temb~ 2, 2003 ~ Novemb~/8.2003 s~temb~ 2, 2003 ~Noon) ~ s~ ~.7oo~ ~ Legal ~ Adminiswative ~ New Business ~ ~o~cement ~ Presentation NAT~ O~ ~ Ci~ Manager's Report ~ public Heanng AGENDA ITEM ~ Consent Agenda ~ Unfinished Business compliance/Legal Sealements ~ Code ~COMMENDATION: Credit no. NWS487658 from Wells Fargo Ban~ N.A. in the amount of $22,188.91 as sure~ improvements for the project ~own as Motion to accept Letter of for the satisfacto~ completion and performance of the water and sewer Mbertsons at Hypoluxo Vigage. improvements so as and sanitary sewer issued by Wells E~L~ ATION: The developer of t~s proieot has elected to post sure~ for the potable water to the project. Mthough the letter of credit is to expedite the pro~fling of water and sewer serviCechase Bank as the no,hated bank operating in Tampa, Florida Fargo, the developer has also appointed jpMorgan as the receiver of a~ documents and requests related to this sure~. pROG~ ~pACT: None FISC~ ~pACT: None ~TE~ ATIVES: None. ent Name Dale sugeman (w/copY of anac~)ts) Peter Mazzella Barbara Conboy MaU Mu~O, Finance Dept. (w/original letter of credit & amendment) File S:xBULLET~WO~S~GENDA ffEM REQUEST tVlSton, Northern Californ; ........ argo Ban~, N..a ,. . SERVIcEs DIFZ J- '~ Will be: ~EZLS FAO~*~ ~raae Se~ices 21ar ~I0~ NOR FLOOR, S~N F~Nci~E~ f ~LIFo&vi~, 0 _ ' : '', tontact Phone: Ematl ~ WELLS FARGo BA~NK, N.A. TRADE SERV/cEs D/V/S/ON, NORT/~RN CALIFORN/A 525 MARKET STREET, 25TH FLOOR SAN FRANCISCO, CALIFORN/A 94105 Contact Phone: 1~800-798-2815 (Option No. 1) /RREVOCABLE STANDBy LETTER OF CREDIT J'P Morgan Chase 10420 Highland Manor Drive, 4th Floor Tampa, Florida 33610 Attn: Russell Bird - Standby Letter of Credit Department (Advising) City of Boynton Beach Letter of Credit No. NWS487658 124 East Woolbr/ght Road Date: July I, 2003 Boynton Beach, FL 33435 Attn: Pete Mazzella, Phone: 561 742 6404 Ladies and Gentlemen: At the request and for the account of Albertsons,/nc. P.O. Box 20, Boise, ID 83726, we hereby establish our/rrevocable Letter of Credit La your favor La the amount of Twenty Two Fhousand One Hundred Eighty Eight and 91/100 's United States Dollars (US$22,188.9l) available with us at our above office by payment of your draft(s) drawn on us at sight accompamed by your manually signed and dated statement worded as fo/lows w/th the LaSm~ctions La brackets therein complied with: "The undersigned, an authorized representative of the City of Boynton Beach (the "City") hereby certifies that Albertsons,/nc. has failed to perform their obligat/ons under that certaLa agreement signed by and between the City and Albertsons,/nc. and that the City is entitled to draw under Wells Fargo Bank, N.A. Letter of Credit No. NWS487658." Each dral~ must also be accompamed by the or/gLaal of th/s Letter of Credit for our endorsement on this Letter of Credit of our Payment of such draft. Part/al and multiple drawings are permitted under this Letter of Credit. Each draft must be marked "Drawn under Wells Fargo Bank, N.A. Letter of Credit NWS487658.,, This is an integral part of Letter of Credit NWS48 7658 If any instructions accompanying a drawing under this Letter of Credit request that payment is to be made by transfer to an account with us or at another bank, we and/or such other bank may rely on an account number specified in such instructions even if the number identifies a person or entity different from the intended payee. This Letter of Credit expires at our above office on June 25, 2004, but shall be automatically extended, without written amendment, to June 25, in each succeeding calendar year unless we have sent written notice to you at your address above by registered mail or express courier that we elect not to renew this Letter of Credit beyond the date specified in such notice (the .'Expiration Date") which Expiration Date will be June 25, 2004 or any subsequent June 25 and be at least 30 calendar days after the date we send you such notice. Upon our sending you such notice of the nonrenewal of the expiration date of this Letter of Credit, you may also draw under this Letter of Credit by presentation to us at our above address, on or before the expiration date specified in such notice, of your draft drawn on us at sight accompanied by your signed and dated statement worded as follows: "The undersigned, an authorized representative of the City of Boyaton Beach, hereby certifies that we have received notice from Wells Fargo Bank, N.A. that Letter of C~edit No. NWS487658 will not be renewed and Albertsons, Inc. has failed to secure and dehver ns a replacement Letter of Credit or other instrument in form and substance satisfactory to us." this Letter of Credit, this Letter of Credit is subject to the Uniform Except as otherwise provided in Revision), International Chamber of Commerce Customs and Practice For Documentary Credits (1993 Publication No. 500 (the "UCP"). Very truly' yours int~jra1 pa~t Of o~r ence ~ ~-Za~/ ~i R. CHAUDHARY ~ ,~~.~_~ ~CE PRESIDENT~ ~ Au~o¢iZ~~ tC, AD~ SERVICES DIVISION NO~ CALIFORNIA 525 Market Street 25th Floor ~ San Francisco California 94105 Contact Phones: 1 800 798-2815 Otion 1 Email: sftrade~wellsfargo.co~ AMENDMENT TO [ARREVOCABLE LETTER OF CREDIT Advising/Nominated Bank: YP Morgan Chase 10420 Highland Manor Drive, 4~ Floor Letter of Credit No. NWS487658 Tampa, Florida 33610 Attn: Russell Bird - Standby LC Dept. (Advising) Amendment No. 1 Beneficiary: Date: July 8, 2003 City of Boynton Beach Applicant: Albertsons, Inc. 124 East Woolbright Road P.O. Box 20 Boynton Beach, FL 33435 Boise, ID 83726 Arm: Pete Mazzella, Phone: 561 742 6404 Ladies and Gentlemen: This Amendment is to be considered as part of the above Letter of Credit and must be attached thereto. The above mentioned Letter of Credit is amended as follows: 1.) This Letter of Credit is now payable at the counters of the Advising/Nominated Bank at theh' office located at 10420 Highland Manor Drive, 4t~ floor, Tampa, Florida 33610. Draft(s) are now to be drawn on at sight on J-P Morgan Chase instead of Wells Fargo Bank, N.A. 2.) Delete paragraph no. 2 on page 2 of the Letter of Credit beginning with "This Letter of Credit expires at our above office ...... "and ending with: "signed and dated statement worded as ollows, and add the fo/lowing paragraph to replace it: This Letter of Credit expires at the office of the Nominated Bank on June 25, 2004, but shall be automatically extended, without amendment, to June 25, m each succeeding calendar year, unless the Nominated Bank has sent written notice to you at your address above by registered mail or express courier that Wells F~go Bank, N.A. elects not to renew this Letter of Credit be ond the notice (the "Expiration Date") w 'c rlat~ u..ill ~,~ t ......... Y. date specified in such . hi h ........... ~,~ ~, zuu4 or any sut}sequent June 25 and be at least ninety (90) calendar days after the date the Nominated Bank sends you such notice. Upon the Nominated Bank's sending Beneficiary such notice of the non-renewal of the expiration date of this Letter of Credit, Beneficiary may also draw under this Letter of Credit by presentation to the Nominated Bank at their above address, on or before the expiration date specified m such notice, ofBeneficiary's draf~ drawn on the Nominated Bank at sight accompanied by your signed and dated statement worded as fi " ollows: 3.) Replace the beneficiary's manually signed and dated statement on page 1 with the following: "The undersigned, an authorized representative of the City of Boymon Beach (the "City") hereby certifies that Albertsons, Inc. has failed to perform their obligations under that certain agreement signed by and between the City and Albertsons, Inc. pertaining to the installation of This is ~n integral part of Letter of Credit No. NWS487658 water and sewer systems to be owned by the City of Boynton Beach for the project known as Albertsons/Hypoluxo Village and that the City is entitled to draw under Wells Fargo Bank, N.A. Letter of Credit No. NWS487658." 4.) Delete the last paragraph on page 2 of the Letter of Credit beginning with: "Except as otherWise provided .... And ending with "Publication NO. 500 (the "UCP")." And replace with the folloWing: "This Letter of Credit shall be enforceable in a court of competent jurisdiction in Palm Beach County and is to be interpreted by Florida law." INSTRUCTIONS TO THE NOMINATED BANK: In the event of a drawing, we will reimburse you in accordance with your instructions upon your giving us SWIFT notice of the drawing, specifying this Letter of Credit Number, certifying that all Letter of Credit terms have been complied with, the amount drawn and your charges (ff any) and that the documents required under the Letter of Credit has been forwarded to us at our above address in one lot via courier. We agree that in the event that we choose not to extend the expiration date of the Lett~ of Credit, we will advise you in writing no later than 105 days prior to the then current expiration date o! our intention that you send a notice of non-renewal of the expiration date of the Letter of Credit to the Beneficiary. Please advise this Letter of Credit to the Beneficiary without adding your confirmation. All your charges in connection with this Letter of Credit are for the Applicant's account. Failure of Applicant to pay any such charges shall not affect your obligations under this Letter of Credit as such unpaid changes will be paid by ourselves.v All other terms remain unchanged. Very truly yours, WELLS FARGO BANK, N.A. · hi'8 legte~ o~ crldt~t Jor~..an By:~-(-.~ ~ ine'~al l~'t 01~ °~ '~t~c~~d i~.UT_HORIZED IGNATUR-I~) ) advice a~l-~s r~c.o~l~d_ ~n_d~r VICE PRESIDEIW~ ~utH~l~i~ e~ Si~n~Cu~e~ / '---al:ll~e,~ ¢.J~S~ ,' I')jpM organ o ~-~.h ADVICE ;qO.. 'J-33P3827 JPMorgan Chase Bank iSSUIN(~ ~ANK L./C NO NWS48'F~SB Global TradeSe~ices DATED JULY 0!: 2002 Advising Bank ~SERVICES DIVISION, NORTH 5~ MARF,.ET STREET~ 2<5"Flq EL.O'eR Beneficiary APPL] CANT ';I'TY OF- ~'~,r.,~Y?"i~r(~q BEACh'! ALBF..RTSONS., · t;24 EAST WOOL. GRIGF'~'F ROAD P.O. BOX 20 DC]YNT(.":'.N BEACH, 'FL 4'TTN PETE MAZZELL_.A ,LiENTLEMEN: ENCLOSE HEREWITH :AS A PERMANENT P4RT OF' THIS ADVICE) AN ;..'RREVOCABLE LETTER OF CPEDi'T' OPENED I;'~ YOUR FAVOR. ~fqOUN~ ~:USD '-'"'-' 1,=8. 1' 'f'WENTY T'WO T.,'-.iOiJSAND ONE HUNDRED E!GHT"¢ EIGHT AND 91/100 UNITED STATES DOLLARS DATE AND PLACE OF EXPIRY: ,JUNE ~S, 2004. "IN SAN FRANCISCO, UPON RECEIPT OF YOUR DOCUMENTS, UNLESS iNSTRUCTED OTHERWISE, WE ~HALL BE PLEASED TO FORWARD SAME TO THE ISSUING BANK. ON A COLLECTION BASIS AND PAYMENT WILL BE EFFECTED BY US UPON RECEIPT !'iF FUNDS FROM THE ]'SSUINP~ ,,.',LL .JPMORGAN C~-tASE i]ANI& CHARGES ARE FOR THE ACCOUNT OF THE ,~PPL I CANT. PL. EASE ENSURE '~'k','E DOCUMENTS ARE SUBMITTED IN SUFFICIENT TIME AND .-~.DDRESSED TO Ti-oiE STANDBY LETTER OF CREDIT DEPT. , 4'TH FLOOR HIGHLAND MANOR DRIVE, TAMPA, FL 33~I0 REF'ERENCIN~ Ti-IlS ADVICE iv,'.JMB ER U- 338827. , , r., '? "" ' SUB ,..!£_C TO UN i 'rt-41S .':u.,,Vl,,..E IS 7' '['HE FORM CUSTOMS AND PRACTICE F[3R ~:~OCUMEI",ITARY CR~'DITS (1,~'93 REVISIONS INTERNATIONAL CHAi'4~ER OF COMMERCE, PARIS, FRANCE PUBLICATION NC]. SO0:,. ;)~JR OBL]:GATION:'S, !F ANY: UNDER THIS LETTER OF CREDIT SHALL. BE ;:,'-OVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS DF THE :~!.TATE OF NEW YQRF,, NITHOUT REQARD 'f'O ~'RINC!PLES OF CONFLICT QF L ,4WS. LETTER IS SOLELY AN ADVICE OF OUR CORRESPONDE?4'T"S CREDI'T ,-*-;ND Ci:]NVEYS NO ENGAO, EMENT BY US. -- A~tho~ed Signature JPMorgan Chase Bank 7 :i i~,uL 2.~.~i'.'~ ~_.,'C NC: N~S46.~,~,~-~ Global Trade Se~ices Advising Bank Beneficiary .z-:/'F:'L ["-'",,r.i i :":~ 4- .} ?' -' 7L..i f},- L_ :':: :~: '"~ i.; i~.' ~5,, !, ' - ,., "'",,. _ ' 24 S"- ......... ' WELLS FARGO BANK~ N.A. TRADE SERVICES DIVISION~ NORTHERN CALIFORNIA ~ 525 Market Street~ 25th Floor San Francisco~ California 94105 Contact Phones: 1(800) 798-2815 Option 1 Email: sftrade~wellsfargo.com AMENDMENT TO IRREVOCABLE LETTER OF CREDIT Advising/Nominated Bank: YP Morgan Chase Letter of Credit No. NWS487658 10420 Highland Manor Drive, 4~ Floor Tampa, Florida 33610 Attn: Russell Bird - Standby LC Dept. (Advising) Amendmem No. 1 Date: July 8, 2003 Beneficiary: Applicant: Albertsons, Inc. City of Boynton Beach P.O. Box 20 124 East Woolbright Road Boise, ID 83726 Boynton Beach, FL 33435 Attn: Pete Mazzella, Phone: 561 742 6404 Ladies and Gentlemen: Please note that we did not include your requirement of adding the word "clean" to th~s Letter of Credit as a clean letter of credit is defiaed as a letter of credit with only a sight dram as a drawing requirement. In th~s letter of credit, there is a beneficiary's signed s~atement. Therefore this letter of credit is not clean. We hope that you will accept this amendment without our adding the word "clean" to it. Very truly yours, Cb,J-' ~ ..... ',~ V.-CONSENT AGENDA RESOLUTION NO. R03- ITEM C.2. A RESOLUTION OF THE CITY OF BOYN FLORIDA, ACCEPTING A LETTER OF CREDIT FOR THE PROJECT KNOWN AS ALBERTSONS AT HYPOLUXO VILLAGE, AND ISSUED BY WELLS FARGO BAN-K,N.A., (LETTER OF CREDIT NO. NWS487658) IN THE AMOUNT OF $22,188.91.00; ANT) PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon :ecommendation of staff, does hereby accept the above referenced Letter of Credit in the amount of $22,188.91 as surety for the satisfactory performance of the sewer improvements for the project known as Albertsons at Hypoluxo Village. 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 and accepts a Letter of Credit in the amount of $22,188.91 (No. NWS487658) issued by Wells Fargo Bank, N.A., as surety for the satisfactory performance of the sewer improvements for the project known as Albertsons at H,vpoluxo Village. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of August, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner !City Clerk S:\CA\RESO\Letters of Credit\Accepting Letter of Credit -Albert,sons.doc V.-CONSENT AGENDA CITY OF BOYNTON BEACI/_' ITEM C.3 AGENDA ITEM REQUEST R~quest~ City Commission Dat~ Final Form Must b~ Turn~i Ro~xl City Commission Date Final Form Must I~ Tun~l in M~ting Dates in to City Clgtk's Office M~'ing Dates to City Cl~rk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] ~ 7, 2003 Sc~emb~r 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] Sq~mb~r 2, 2003 August I 8, 2003 (Noon) [] Nov~nb~r S, 2003 October 20, 2003 (Noon) [] September 16, 2003 S~p~nber 2, 2003 (Noon) [] November lg, 2003 Nov~ml~r 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve a resolution of the City Commission declaring the public necessity of acquiring four parcels of property in the N.E. 7~ to 10th Avenue stormwater project area for the purpose of constructing a drainage/retention pond. EXPLANATION: The City has, for some months now, been attempting to acquire the necessary parcels of land to construct the pond associated with the N.E. 7t~ to 10th Avenue stormwater project. We have been able to acquire or put under contract 13 of the 17 parcels that are necessary to build the ponds. We have been unable to acquire the remaining four parcels through reasonable negotiations with the property owners. On July 7, 2003 we made a final, formal offer to each of the four remaining property owners, asking them to respond to our final, formal offer by 5:00 pm on July 31, 2003. That time and date has now passed and we have not received a response from any of the four property owners. We are therefore asking the City Commission to declare the public necessity for acquiring these four parcels and to authorize their acquisition using the provisions of Chapter 166, Florida Statutes and Chapters 73 and 74, Florida Statutes. PROGRAM IMPACT: Authorizing this action will allow the City staff to make these acquisitions so that we can go ahead with the stormwater project. S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: As always, there is a price associated with acquiring parcels of land through the eminent domain process. I am not able to estimate that cost at this point. We do know what the four parcels have appraised for, and a copy of the appraisal summary is attached for your review. ALTERNATIVES: Do not authorize this action and abandon the improvement project. This alternative is not recommended by the City staff. Utilties Department Department Name City Attorney / Finance / Human Resources S:kBULLETIN~ORMSLAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DECLARING THE PUBLIC NECESSITY OF ACQUIRING PARCEL'S ONE (1), TWO (2), THREE (3) AND FOUR (4) OF PROPERTY FOR THE PURPOSE OF CONSTRUCTING A DRAINAGE/RETENTION POND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of the properties to construct a drainage/retemion pond is a matter of great importance and concern to the residems of the City of Boynton Beach; and WHEREAS, the parcels of land designated as Parcel' s 1, 2, 3 and 4 as more particularly described in Exhibit's "A", "B", "C" and "D" attached hereto, are required to better accomplish the public purpose described above and further the general health, safety, and welfare to the citizens of the City of Boynton Beach, Florida; and WHEREAS, the area designated as Parcel' s 1, 2, 3 and 4 has heretofore been located and surveyed and the property is needed for the acquisition of property to construct a drainage/retention pond; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby incorporated herein. All exhibits attached hereto are hereby incorporated herein. SECTION 2. It is necessary, serves a municipal and public purpose, and is in the best interest of the City of Boynton Beach to acquire the properties to construct a drainage/retention pond. Page 1 of 3 KLE/bb S:\CA\RESO\Real Estate\Degan Necessity reso.doc SECTION 3. That the properties described in Exhibit' s "A", "B", "C" and "D"," attached hereto as Parcel Number' s 1, 2, 3 and 4 be and the same are hereby ratified, confLrrned and found to be necessary for acquiring the properties to construct a drainage/retention pond. The City of Boynton Beach shall acquire fee simple title to said properties by gift, purchase, or eminent domain as described in Chapter 166, Florida ~qtamte~q and Chapters 73 and 74, Flnrida ~qtamte.q. That acquisition of said parcels for this project is necessary and serves a public purpose. SECTION 4. The City Attorney shall first attempt to acquire the properties through negotiations at a price agreeable to both the sellers, if found and determined, and the City of Boynton Beach; however, if such negotiations fail within a reasonable time from the enactmem of this Resolution, the City Attorney or the City Attorney's designee is authorized and directed to institute a lawsuit in the name of the City of Boynton Beach, Florida, and in the exercise of Boynton Beach' powers of eminent domain for the purpose of acquiring the parcel' s described in Exhibit' s "A","B", "C" and "D" attached hereto and is further authorized and directed to do all things necessary to prosecute such lawsuit to final judgment. In pursuit of such authorization and in direction, the City Attorney or his assistant or designee, is specifically authorized to sign and file a Declaration of Taking so that the City may avail itself of the provisions of Chapters 73 and 74, Florida Statutes, and the City Attorney or his assistant is further authorized to accomplish the acquisition of said parcels by settlement and compromise in those instances where same can be effected in accordance with the terms, conditions, and limitations established from time to time by the Boynton Beach City Commission. SECTION 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Page 2 of 3 KLE/bb S:\CA\RESO\Real Estate\Degan Necessity reso.doc SECTION 6. If any clause, section, other pan, or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in pan or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, TI-IlS __ DAY OF ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) Page 3 of 3 KLE/bb S:\CA\RESO\Real Estate\Degan Necessity reso.doc Lot 1, Block 2, of BOYNTON PLACE, according to the plat thereof as recorded in Plat Book 11, Page 40, of the Public Records of Palm Beach County, Florida. EXHIBIT "B" PARCEL 2 Lot 2, Block 3, of LAKE ADDITION TO BOYNTON BEACH, ac, cording to the plat thereof as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida. ~IT "C" PARCEL ~ Lot 1, Block 3, of LAKE ADDITION TO BOYNTON BEACH, according to the plat thereof as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida. PARCEL 4 Lot 2, Block 5, LAKE ADDITION TO BOYNTON BEACH, according to thc plat thereof, as recorded in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Plat Book 11, Page 71. \x~E_X~xr m~lt~ rmo .c~c Su~lerman, Dale , , From: FTroi, Kerry [kezrol~cityatty.com] Sent: Fdday, August 01, 2003 8:58 AM To: Sugerman, Dale Subject: Degen et al I have not received any response to the offer letters dated 7/7/03(other than Mr. Weaver's request for a copy of the Janots' appraisal). Kemj L. Ezrol, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commemial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Ext. 306 Facsimile: (954) 771-4923 email: kezrol(~cityatty.com V.-CONSENT AGENDA ITEM D.1. CITY OF BOYNTON BEAC' _ AGENDA ITEM REQUEST FORM Requested City. Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates. i_nto Ciw Clerk's Office Meeting Dates in to Ciw Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Admmistrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heanng [] Code compliance/Legal Settlements [] umqmshed Business RECOMMENDATION: Please place this request on the August 5, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-140. EXPLANATION: PROJECT: Davila Variance (ZNCV 03-006) AGENT: Joseli and Mildred Davila OWNER: Joseli and MidLred Davila LOCATION: 3616 SE 1st Street DESCRIPTION: request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.J. 1. limiting a fence to a maximum height of six (6) feet within the rear building line to allow a 3-foot variance, and a nme (9) foot high fence. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~~ Develo~nf~el~a~rtr~t-Director ' - City Maniger's Signature Planning and zomng l~&:tor City Attorney / Finance / Human Resources SSPIanning',SHARED~WP',PROJECTS\Davila VarianceLA. genda Item Request Davila Variance ZNCV 03-006 8-5.03.dot S:'d3ULLETINWORMSL&GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-140 STAFF REPORT TO: Chairman and >!embers Planning and Deveropment Board and City Commission THRU: Michael W. Rumpf Planning and Zoning Director FROM' Maxime Ducoste-A. Planner DATE: June 9, 2003 PROJECT NAi',IE/'NO' Davila Variance/' ZNCV 03-006-Fence Height REQUEST: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4._1.1, limiting a fence to a maximum height of six (6) feet within the rear building line to allow a 3-foot variance, and a nine (9) foot high fence. P RO.1 ECT DESCR1'PTION Property Owner: _loseli and Mildred Davila A~pticant/Agent: _]oseli and ~,lildred Davila Location: 3616 S.E :Lst Street Existing Land Use/Zoning: Low DensiT/ Resicentiai (LDR)/'R-I-A Proposed Land Use/Zoning: No changes are proposed Proposed Use; Fence for single-family house Acreage: 0.24 Acre (10,383 square feet) Adjacent Uses: North: Single-family houses zoned R-l-A, single family residential district; South' A single-family house zoned R-Z-A, single family residential district; East: A single-family house zoned R-l-A, single family residential district; and West: S.E. 1~ Street right-of-way, and farther west single-family houses zoned R-i-A, single family residential district. ~::ff Report ',te.~,:orartsum ~io .o- ~,m 'J.O Page 2 BACKGROUND The subject Dro,oe~/is located at 3616 SE 1~ Stree~.. The propem~/and ,the adjacent neighoorhccd is current? zoned P,-1-,~(, single family residential. The lot is curren[i¥ developed and conforms with :ne R-t-A zon~r,g dis;r!ct requirements. The surrounding neighborhood !s mosdy developed (See Exhibit "A"- Location ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the foilowing: a. That special conditions and circumstances ex/st which are peculiar to the land, st,~'ucrure, or involved and which are not applicable to other/ands, structures or bu//d/ngs in ?,e same district. b. That the spec/a/conditions and circumstances do not result from the actions of ~.#.e c. That granting the variance requested wi//not confer on the applicant any spec/a/.or/v//ege thas denied by this ordinance to other/ands, buildings, or structures in the same _~on/~.g d. That literal/'nterpretat/on of the provisions of this ordinance would de, rive ~,~e a,op//canc o? commonly enjoyed by other properties in the same zoning district under the terms of the or(~/na?,ce and would work unnecessary and undue hardship on the a,oplicant. e. That the var/ante granted is the m/n/mum variance that will make possible the reasonable use of /and, building, or structure. That t, ffe grant of the variance w#1 be ih harmony w/th the genera//htent andpurpose ofth/'s c,~,a?ter [ordinance] and that such variance wff/ not be injurious to the area involved or otherwise detr/~nenta/ to t,~e public we/fare. Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "B". Staff reviewed the application and conducted this analysis focusing on items "a", "d", and "f" above. The subject property is part of the Debonaire Estates Subdivision that was pla~ced in 1952. This portion of the plat ,varies in elevation between lots. The western portion of the subject property has a greater finished grade than the remainder of the property. The rear yard slopes down from finished grade toward the abutting lot to the east (Lot 1). The abutting property to the north is also at the lower grade, approximately 3 feet lower than the finished grade of the subject property/as a result of the natural terrain and the new finished grade required for construction. Contrary to other properties in the same block, the subject properw has a higher finished grade. A retaining wall, which was required by the City during the construction, located on the subject parcel at the northeast portion of the lot. The natural characteristics of the site present unique and special conditions that did not entirely result from any action of the current owner/'applican[. The Boynton Beach Land Development Regulations restrict walls, fences and hedges in residential zoning districts to a maximum height of six (6) feet. The applicant's proposal is to maintain an existing 6-foot high fence along the easterly 80 feet of the north property line. The lower grade of the adjacent properb/prevents the applicant from meeting code regarding fence height. The existing three (3)-foot retaining wall along the north properi2f line, would raise the total fence height to nine (9) feet as measured from the surface grade outside of the fence. However, without the variance the fence would be limited to a maximum height of six (6) feet, which would allow a maximum increase of three (3) feet above the existing three (3)-foot retaining wall as measured from the suject properW. This scenario would not sen/e the purpose of the structure ~'ii.e. fence/screen), and could create a hazard to residents and guests of the prope~/ by being too sho~ :a pre,,'en:t someone from falling over the fence. Although this application reoresents the absolute minimum variance required to achieve the same privacy achieved b,/others, a minimum nine ~9) foot mgn fence is necessary to achieve the same six (6) foot height as typically allowed and intended by code. The variance regarding fence height would apply to the first 80 feet along the northeast (rear) corner of prope~/(See Exhibit "C" - Survey). The applicant intends to address a safety and a privacy issue. Under the current Land Development Regulations the applicant could only construct a six (6) foot high fence (as the measure is taken from t~he outside of the fence). However, the fence as proposed would be built at nine (9) feet high on one hail the length of the north property line. The applicant's proposal is to provide the minimum safe~ and desired privacy barrier and this would not appear to constitute a special privilege or be incompatible with the adjacent properties. The subject fence is also intended to satisfy the poolsecurity screening requirement which is a minimum of four (4) feet pursuant to the Florida Building Code. Although the fence could be reduced bv bvo (2) feet to meet this safety requirement while also reducing the variance request by b,vo (2) feet, again it is arguable that this will deprive the applicant from the same screening benefit enjoyed by others. With respect to item "f", regarding impact on the area or the public welfare, although the proposed fence appears normal when viewed from the subject proper"o/, it creates a unique circumstance when perceivec~ from the rear yard of the adjacent home. Whether the effect of the proposed variance crea~es an "injurious impact" on the area staff has evaluated based on the intent of the code to preserve property values and the intent of setbacks to ensure proper light and airflow. Based on the proposed fence being located along the rear property tine of the adjacent property, rather than along the side property where it could be as dose as 7 V~ feet to the home, the reduction of air and views is minimized. As for impact upon property values, staff is of the position that the additional three (3) feet of screening provides more benefit to the property than compared to any negative characteristic represented by the aesthetic uniqueness. RECOMMENDATION Staff recognizes that the situation as presented is unique. Based on the analysis contained herein, stafffinds that a ~'hardship" exists. This request will not be injurious to the area or detrimental to the public welfare, and the variances requested are the minimum necessary to make possible the reasonable use of the land. The applicants' intent to combine a safety and privacy fence is reasonable. Staff therefore recommends that the request for a 3-foot variance to allow a nine (9) foot high fence be approved. This recommendation ~s conditioned upon the fence not exceeding nine (9) feet in height from the surface grade outside of the wail. This requirement is indicated in Exhibit "D" Conditions of Approval. However, any additional conditions cf approval added by the Planning and Development Board or the City Commission will be placed in the Exhibit "D" - conditions of approval. NWR/ND S:, Planmo,;, SHARED~WP' pROJECTS',Dav~Ia Vana~ce~,~', AFF REP CCC Location Map DAVILA ZNCV 03-006 R1AA I REC R1AABI ...... ..... S E-34:'"F H -AVE ..... ""-J - ITl SITE ........... I~- W'"~- - PUD-- ~<~_~. _ .... Zo EXHIBIT "B" A. Re~aining wall required by city d ..... ~ conscruccion of szngze familZ home Jue to natural elevation of lot, nearl?, 5'0" difference in height ~ wes~ to east boundry. Surrounding exisaing homes and ],'arCs vary in e!evaaisns due to natural grade. 3. ~he conditions of ~his house elevation are due ~o natural land grades. Finisk floor elevation was lowered to [2" above medium cro~, of road from 18" due Es ad]acen~ properties. C. The granting of this variance is solely for the purpose of fencing for pool requirements and safety requirement at retaining wall. D. The variance is needed for home o~er to comply wi~h city and s~a~e reguia~isns on pool safety and being able to fence in rear yard. E. Variance being requested is minimum required for property o~ners concerned. Retaining wall is minimum height and length required and fence is stepped do~ to natural grade as quickly as possible without infringing on neighbors property. F. The granting of this variance will be in the best interest of the general public and immediate neighbor by reaaining drainage and eliminating erosion and insuring pool safety. EXHIBIT "C"_ '7:,--= 102.00' ~ --~ .>" _ ~ '" "~'" >"'" .... ¢ W "-, '7 N'ZL: _ · r4 '~ 69.86' /" % ~_: .... !.¥~-: ..... -7:-:':::~-; :ow>u: ~z,"/.~z." ' 7.[} ,,'~ '"x ' ..z LOT 14 ~ .. ,=,,,~,,,~.~: .=~:,x .... t -- LOT 13 ~.7'-': ........ ~ ! '" -I--.--~ --.- -~ 1 .... "' -"' ' ~',-- --- t ~r -'-~' '" "'-'"'"~" "'~" .~ , i-'i!7-: *-:-FT :" : ' · . -:2-' :"::::-i-,----,:--- : ,~/ i 69.87' ',.-, NOT INCL UDED EXHIBIT "C" PHOTOS I~XHIBIT "(3 EXHIBIT "D" Conditions of Approval Project name: Davila Variance File number: ZNCV 03-006 Reference: INCLUDE REJECT DEPARTMENTS PUBLIC WORKS- General X Comments: None PUBLIC WORKS- Traffic X Comments: None UTILITIES X Comments: None FIRE X Comments: None POLICE X Comments: None ENGINEERING DIVISION X Comments: None BUILDING DIVISION X Comments: None PARKS AND RECREATION .. X Comments: None FORESTER/ENVIRONMENTALIST X Comments: None PLANNING AND ZONING 1. The portion of the fence located on the northeast property line shall not X exceed nine (9) feet in height, measured from the surface grade outside the wall. Conditions of Approval_o 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\MRKViCKA\Condition of Approval 2 page revised 2002 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: D'avila Variance APPLICANT'S AGENT: Joseli & Mildred Davila APPLICANT'S ADDRESS: 3616 SE 1st Street Boynton Beach, FL DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003 - Tabled BEFORE CITY COMMISSION: August 5, 2003 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.J.1, limiting a fence to a maximum height of six (6) feet within the rear building line to allow a 3-foot variance, and a nine (9) foot high fence. LOCATION OF PROPERTY: 3616 SE 1st Street Boynton Beach DRAWING(S): SEE EXHIBIT "B" A'FI'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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby . GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\FORMS\Blank forms folder~Develop. Order Form-2003-Revised.doc · V.-CONSENT AGENDA ITEI I D.2 CITY OF BOYNTON BEAC1 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Cit~ Clerk's Office Meeting Dates in to Cit~ Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the August 5, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved, subject to the modification of staff condition #1 to allow gymnastic centers, cheerleading schools, and ancillary sales. Also the applicant must present traffic data ensuring that the proposed use(s) would be consistent with the previously approved uses for the subject lot. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-165. EXPLANATION: PROJECT: Quantum Park DRI (USAP 03-003) AGENT: Joni Brmkman, AICP OWNER: Bocar Property, Inc. LOCATION: Lot 3 DESCRIPTION: Request for use approval for Athletic and Aerobic Clubs/Specialized Instruction and Automobile & Vehicle Accessories, Furnishings and supplies in the Quantum Park PID on lot 3 having use options of"Industrial" and "Office". PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES~., N/A D,ev~16pme~t Department Director ' ~ity Manager's Signature Planning and Zoni~'~ector City Attorney / Finance / Human Resources S:~Ianning~SHARED\WPLPROJECTS\Quantum Lot 3\USAP 03-003~Agenda Item Request Quantum Park DRI USAP 03-003 8-5-03.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-Z65 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Director of Planning & Zoning FROM: Eric Lee Johnson, AICP Planner DATE: July 7, 2003 PROJECT NAME/NO: Quantum Park DRI / (USAP 03-003) REQUEST: Use Approval PRO3ECT DESCRI'PTZON Property Owner: Bocar Property Incorporated Agent: Joni Brinkman, AICP / Winston Lee & Associates, Incorporated Location: Quantum Park DRI Lot 3 Existing Land Use/Zoning: Office - Industrial (OI) / Planned Industrial Development (PID) Proposed Land Use/Zoning: N/A Proposed Use: The application includes a general list of additional uses to be allowed within this PID (see Exhibit "D"- Quantum Park DR! Use List Revision Request) Acreage: 4.075 acres Adjacent Uses: North: Right-of-way for Lake Worth Drainage District L-21 Canal, then farther north is developed residential property (Dos Lagos) with a Low Density Residential (LRC) land use designation, zoned Planned Unit Development (PUD); South: Right-of-way for Gateway Boulevard, then further south is developed property with an Office - Industrial - Hotel (OIH) land use designation, zoned Planned Industrial Development (PID); East: Developed property (Masonic Lodge) with an Office (O) land use option, Quantum Park DRI Lot3 (USAP 03-003) Staff Report Memorandum No PZ-03-165 Page 2 zoned Planned Industrial Development (PID); and West: Developed commercial property (Shoppes of Boynton) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3). BACKGROUND Ms..]oni Brinkman, agent for the owner has submitted an application for use approval in the Quantum Park Planned Industrial Development (PID) (see attached location map - Exhibit"A'9. The proposed list of permitted uses would apply only to Lot #3 and include the following: · Athletic and Aerobic Clubs / Specialized Instruction, including such uses as gymnastic centers, cheerleading schools, karate schools, yoga centers, pilates centers, dance studios, and fitness centers; and · Automobile and vehicle accessories, furnishings and supplies sales, installation, repair, and service, such as car alarms, window tinting, stereo systems and customizations (see Exhibit "D"- Quantum Park DRI Use List Revision Request). The approval of a list of permitted uses is required for all Planned Industrial Developments. The original Quantum Park PID Master Plan did not include the above-referenced uses and that is the reason the applicant is now requesting use approval. Similar to past requests, the Quantum Park Master Plan's permitted uses list would be incrementally modified in connection with the approval of each new development within the PID. In approving a particular use, the Planning and Development Board must make findings that the proposed use will not be in conflict with the performance standards listed in Section 4.N. of the zoning regulations, and that the uses proposed are consistent with the intent and purposes of the Planned Industrial Development District. ANALYSTS The applicant is required to address the Performance Standards listed in Chapter 2, Section 4.N of the Land Development Regulations as they relate to the proposed list of permitted uses. The purpose of the Performance Standards are to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The applicant has been asked to provide a description of their request relative to the performance standards within Chapter 2, Section 4. N of the Land Development Regulations to evaluate the impact and appropriateness of this use within the PID district. These responses are listed as follows: 1. Noise: No use shall be carried out on the property so as to create sound which is in violation of Section 15-8 of the City Ordinances. The above requested uses shall be conducted entirely within the building and shall not produce sound in violation of Section 15-8. 2. Vibrations: No use shall be carried out on the property so as to create inherently and recurrently Quantum Park DRI Lot-3 (USAP 03-003) Staff Report Memorandum No PZ-03-165 Page 3 generated ground vibrations, which are perceptible without instruments at any point at or beyond the property line. The above requested uses shall not create ground vibrations, which would be perceptible beyond the property lines of the subject lot. 3. Smoke, dust, dirt, or other particulate matter: No use shall be carried out on the property so as to allow the emission of smoke, dust, dirt, or other particulate matter, which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way beyond the property line. Furthermore, no use will be carried out on the property so as to allow the emission of any substances in violation of any federal, state, county, or city law or permit governing the emission of such substances. The proposed uses do not produce smoke, dust, dirt, or other particulate matter and shall comply with all federal, state, county or city laws or permits pertaining to same. 4. Odors and fumes: No use shall be carried out on the property so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the property. The proposed uses do not produce any objectionable or offensive odors or fumes. 5. Toxic or noxious matter: No use shall be carried out on the property so as to allow the emission of toxic or noxious matter in such concentration as to cause damage to property, vegetation, discomfort, or harm to persons or animals, or otherwise prevent the reasonable use and enjoyment of property or rights-of-way at or beyond the proposed property boundary; or to contaminate any public waters or any groundwater. The proposed uses do not produce toxic or noxious matter. 6. Fire and Explosion: No use shall be carried out on the property so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way or any persons or property thereon. Furthermore, the storage, use, or production of flammable or explosive materials shall be in conformance with the provision in Chapter 9 of the City of Boynton Beach Code or Ordinances. The proposed uses do not create a fire or explosive hazard. There will be no storage of flammable or explosive materials unless in conformance with Chapter 9. 7. Heat, Humidity or Glare: No use shall be carried out on the property so as produce heat, humidity or glare readily perceptible at any point at or beyond the property line of the property on which the use is located. Artificial lighting, which is used to illuminate any property or use, shall be directed away from any residential use, which is a conforming use according to these regulations, so as not to create a nuisance to such residential uses. The proposed uses do not produce heat, humidity or glare. No additional lighting is being proposed for the buildings and the site complies with the City approved site plan, which required that lighting be directed away from any residential use. 8. Liquid Waste: No use shall be carried out on the property so as to dispose of liquid waste of any type, quantity, or manner, which is not in conformance with the provisions of Chapter 26 or the City of Boynton Beach Code or Ordinances, or any applicable federal, state, or county laws or permits. Any applicable provisions of Chapter 26 of the City Of Boynton Beach Code of Ordinances, or any applicable federal, state, or county laws or permits shall be complied with. 9. Solid Waste: No use shall be carried out on the property so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City Ordinances, or which Quantum Park DRI Lot $ (USAP 03-003) Staff Report Memorandum No PZ-03o165 Page 4 would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of- way. The proposed uses shall be in compliance with Chapter :t0 of the City Of Boynton Beach Code of Ordinances and shall utilize the solid waste receptacles as depicted on the approved site plan. 10. Electromagnetic Interference: No use shall be carried out on the property so as to create electromagnetic radiation, which causes abnormal degradation of performance of any electromagnetic receptor of quality and proper design as defined, by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, no use shall be carried out on the property so as to cause electromagnetic radiation, which does not comply with the Federal Communications Commission Regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. The proposed uses shall not create electromagnetic radiation. 11. Hazardous Materials and Hazardous Waste: The operator of any use on the property that uses, handles, stores, or displays hazardous materials or that handles hazardous waste, as defined in 40 Code of Federal Regulations, Part 261 shall be required to obtain a permit in accordance with Section 11.3, Environmental Review Permits of the City Ordinances. The proposed uses do not use, handle, store or display hazardous, or generate hazardous waste. The above-referenced testimony by the applicant certifies that the proposed uses would not violate any of the performance standards listed in Chapter 2, Section 4. N of the Land Development Regulations. The approved site plan shows that the two (2) buildings were approved for a total of 46,660 square feet. The parking methodology was based upon the following: · 23,330 square feet of office area at a rate of one (:t) space per 300 square feet · 23,330 square feet of warehouse at a rate of one (1) space per 800 square feet The approved site plan showed that 107 parking spaces were required and that :t32 or an excess of 25 parking spaces were provided. The proposed "athletic" type uses (i.e. specialized instruction, including cheerleading schools, karate schools, yoga centers, pilates centers, and dance studios) would require parking at a higher rate (one space per 200 square feet). Also, the proposed "automobile" type uses (i.e. automobile and vehicle accessories, furnishings and supplies sales, installation, repair, and services) also would require parking at a higher rate (one space per 250 square feet). As previously mentioned, there are an excess of 25 parking spaces allocated between the two (2) buildings. However, since the buildings on the subject site (Lot 3) were constructed years ago, it would be difficult for staff to monitor the incoming / outgoing businesses within the subject property without the active involvement and coordination among Divisions within the Department of Development. However, the property owner has agreed to monitor the businesses and their respective parking requirements for each tenant by using a spreadsheet (see Exhibit "B" - Letter from .~oni Brinkman to Eric .lohnson). This spreadsheet would be submitted as part of the building permit and occupational licensing process in order to help mitigate any future parking problems. Also, according to applicant, each tenant's lease would require a copy of the spreadsheet and that document would be submitted with the tenant's application for an occupational license. This spreadsheet would be maintained and continuously updated by the property owner. It would indicate the amount of provided parking on the site, the deduction of required parking per bay, the applicable calculation rate, and the remaining unallocated amount of parking spaces. Obviously, it is the City's responsibility to ensure compliance with the parking requirements. However, the burden of Quantum Park DRI Lot'3 (USAP 03-003) Staff Report Memorandum No PZ-03-165 Page 5 proof is shifted from the City to the property owner when the property owner perpetually maintains the "spreadsheet"(see Exhibit "C"- Conditions of Approval). As previously mentioned, the subject property currently contains an Office - Industrial (O]~) land use option. This request for use approval, in part, is to allow gymnastic centers under the "]Industrial" land use option in the Quantum Park P:[D. A similar type of request occurred in September 200~.. At that time, Flip-City requested to amend the City's Land Development Regulations to allow gymnastic centers in the Light Industrial (M-l) zoning district. At that time, gymnastic Centers were not permitted uses in the M-1 zoning district. Flip-City's justification was the following: "Gymnastic centers require high ceilings (minimum 16 feet) and a relatively large amount of square footage (anywhere from 6,000 to 20,000 sq. ft.)". Because of these requirements it is unfeasible to operate such a facility in most commercial areas. The ceiling height in most centers is in the 12-14 feet range. So called "big boxes" are prohibitively expensive to either build or lease in commercial areas and would be fiscally impossible to operate as a gymnastic center. Throughout the state of Florida there are many gymnastic centers operating in industrial zones. Of 83 gymnastic centers polled in Florida, 74 of them are located in industrial zones. These numbers are representative of the gymnastic industry nationwide." Staff concurred by stating, that "economic and market trends evolve at a faster pace than zoning regulations and may also lead to inconsistency in regard to the relationship between the public's welfare and the allowance of such use". However, staff also reasoned that, "allowing the proposed use in the zoning district would intensify and be in contrast to the characteristics and performance of the H-1 zoning district. Staff argued that "the use of an undersized building for recreational purposes, with a higher parking requirement, could increase the need for code variances if existing sites could not be retrofitted for the greater standards". Staff further believed that the gymnastic center use would have drastically modified the industrial fabric of the M-1 zoning district and performed differently than a traditional industrial user. Staff recommended denial of Flip-City's request to amend the Land Development Regulations. The City Commission approved Flip-City's request to allow gymnastic centers in the M-1 zoning district on November 20, 200~ per Ordinance No. 01-57. At this time, staff opinion has not wavered from the original position that industrial property should not be converted to commercial property. The requested commercial type uses should not be permitted on lots that have an "]:ndustrial" land use option (in the Quantum Park PID). The main difference between the Quantum Park PI:D and the M-! zoning district is simply that the PID already contains a land use options intended for commercial businesses. These land use options are the "Commercial" and "Nixed-Use" land use options. [n fact, the Quantum Park PID sets aside almost 132 acres of the industrial park for commercial type uses. Furthermore, the P:[D has drastically experienced a reduction in land set aside for industrial type uses. In fact, over 52% of the land in the entire PID is set aside for other than industrial users. Allowing the requested use approval would only exacerbate the growing trend of converting industrial property to commercial property, especially while there is still ample commercial property found throughout the P:[D as well as citywide. More importantly, Quantum Park was approved for a certain number of vehicular trips in terms of traffic concurrency pursuant to the Development of Regional [mpact (DRI). Converting industrial uses to commercial uses (that generate higher traffic such as karate studios) could have negative implications on traffic concurrency that affects the DR:[ thresholds despite the applicant's request for use approval on Lot 3 only. The DR:[ thresholds are based upon land uses that are regulated to land use options assigned to each parcel. Staff maintains that the above-requested commercial types of uses would be better served in lots in the P:[D that already posses the "Commercial" land use option. This would be more Quantum Park DRI Lot3 (USAP 03-003) Staff Report Memorandum No PZ-03-165 Page 6 desirable than opening up a floodgate for commercial uses on lots with the "Industrial" land use option even if it were only requested for Lot 3 at this time. It is the opinion of staff that the proposed list of uses (see Exhibit "D'~) is consistent with the intent and purpose of the Quantum Park PID. The list of permitted uses for the Quantum Park PID has been specifically tailored to the subject property due in part, to the site's close proximity to adjacent commercial centers and residential neighborhoods as well as its developed (nearly "built-out") characteristic. However, staff determined that four (4) of the proposed uses should not be allowed given the fact that the above- referenced uses would be more appropriate in those Quantum Park lots that have a Commercial land use option. fn conclusion, it is staff's opinion that the only requested uses that actually have "industrial" characteristics would be the following: Installation, repair, and service of stereo, window tinting, and alarms for automobiles. Big box companies such as Best Buy, Sound Advice, or Circuit City provides this type of service but only as an accessory use to the principle use (retail). These types of stores would be best suited for the "Commercial" land use option over the "Industrial" land use option. Auto repair is not allowed within the PID and auto part stores, such as Rose Auto Parts, Discount Auto Parts, and AC Delco would also be best suited for the "Commercial" land use option. Finally, the exclusion of the applicant's other requested uses makes it easier for both staff and the property owner to monitor the parking situation. RECOt-IF,IEN DATZON It is the determination by staff that the applicant's list of proposed uses would not be consistent with the intent and purpose of the Office - Industrial (OI) land use option of Lot 3 in the Quantum Park PID. Therefore, staff recommends that the proposed list of permitted uses be reduced to only allow the following uses: · Installation, repair, and service of alarms, stereos and window tinting for automobiles. Also, staff recommends that the above referenced uses for Lot 3 be approved contingent upon meeting the conditions listed in Exhibit "C" - Conditions of Approval. Additional. comments recommended by the Board or Commission would also be included in Exhibit "C" - Conditions of Approval. Attachments S:\P~anning\Shared\Wp\Projects\Quan~m Lot 3\USAP 03-002\Staff Report.do~ L©CATION MAF L~.I-III~II "~ LOT 3 QUANTUM PARK PID I IMf:IT IN I~ITY ~- IK OF: =oMME ' ~ PID -" .MOTOROLAI AA _ '0 00.'800 FEET _. ' 11 Lee EXHIBIT "B" '~ ~ ', ~ , _s octates ~v:r. Eric ? ' Jonnson Planning & Zoning Division City of Boynton Beach i 00 E. Boynton Beach Blvd. Boynton Beach, FL 33425-03 i0 RE: Quantum Park DRI Use List Revision Request Our File No. 98-010.09A Dear Mr. Johnson: As a follow up to our telephone conversation last week, i would like to address your specific concerns as to the process for monitoring the uses and associated required parking for Lot 3 in the Quantum Park DRI. This project is under the ownership of one entity and ali of the square footage contained in the buiidings is leased to tenants. The owner has agreed to monitor the types of uses and the required parking tbr each on a spread sheet which will be submitted as part of the building permitting process. In addition, each tenant's lease will require that a copy of the sheet be submitted with their applications for occupational iicences. This spread sheet will be maintained and updated by the property owner and wi11 indicate the mount of provided parking on the site, the deduction of required parking per bay and applicable calculation rate, and the remaining unaliocated amount of parking spaces. This monitoring method is simiiar to what has previously been accepted by the City in similar situations, such as Levitt Commercial's project on Lots 9-12 (~& High Ridge Commerce Center. The applicant agrees to monitor the utilization of parking as outlined above, and this method will put no undue monitoring burden on City staff, i hope this addresses any concerns you may have. Please feel flee to call with any questions. Sincerely, :" [~"~ I ~ ~ /~ ~ ~/ ~ ~ Project Planner U< 2 5 Pt :?b'.':L ' 7: L~EPARTMENT OF DEVELOPMENT Robert Burrow 1532 (Did Okcechobee Roa& State i06. West Palm Beach. FL 33409-5270 Tel: 561-689-4671) · Fax: 5~1-489-5559 · E-mail: winstonwla/~aol.com EXHIBIT "C" Conditions of Approval Project name: Motorola PID File number: USAP 03-001 Reference: See Exhibit "D" - Quantum Park DRI Use List Revision Request DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic 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 1. Staff recommends that the following uses be eliminated from the list of X proposed permitted uses: * Athletic & Aerobic Clubs / Specialized Instruction, in¢ludin~ such Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT uses as gymnastic centers, cheerleading schools, karate schools, yoga centers, pilates centers, dance studios, and fitness centers; · Automobile and vehicle accessories, furnishes, customization, and sales. 2. The owner of Quantum Park Lot 3 has agreed to monitor the future business X of each tenant and their required parking. This monitoring system would be accomplished by using a spreadsheet. This spreadsheet would be continuously maintained by the property owner and submitted to the Building Division during the permitting process for interior renovations. In addition, the property owner (or tenant) would submit this updated spreadsheet to the Occupational License Division when applying for an occupational license for a future business. Staff agrees with this monitoring system and further recommends that no occupational licenses or building permits be issued until the applicant formally and satisfactorily demonstrates compliance with all applicable parking requirements. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. Allow gymnastic centers, cheerleading schools, and the installation, repair, X and service of alarms, stereos, and window tinting for automobiles, and ancillary sales on Lot #3. Also, the applicant must present traffic data and a statement indicating that the proposed use(s) would not exceed traffic counts currently approved for the DRI as based on square footage and uses approved for lots designated "Industrial" and "Office". ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. S:\Planning\Shared\Wp\Projects\Quantum Lot 3\USAP 03-002\COA.doc -- EXHIBIT "D" Associates, c. : ~"~ ;'~,~ ~ ~ PL May 21, 2003 Mr. Michael Rumpt] Director of Planning & Zoning Planning & Zoning Division City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 RE: Quantum Park Dill Use List Revision Request Pre-Application Meeting on May 7, 2003 Our File No. 98-010.09A Dear Mr. Rumpf: Pursuant to my pre-application meeting with Dick Hudson and Eric Johnson on May 7, 2003, this letter shall serve as a formal request to revise the approved Use List for the Quantum Park DRI. The proposed revision to the list is as follows: Add the following uses to Section D., ]2',rDUSTRIAL: · Athletic and Aerobic Clubs/Specialized Instruction, including such uses as gymnastic centers, cheerleading schools, karate schools, yoga centers, pilates centers, dance studio and fitness centers, etc.7 · Automobile and vehicle accessories, furnishings and supplies sales, installation, repair, and service, such as car alarms, window tinting, stereo systems and customization.7 7Applies to Lot 3 only. Justification: Athletic and Aerobic Clubs/Specialized Instruction: Over the years, the Quantum Park DRI has evolved fi.om what was originally envisioned to be an industrial/office park into more of a mixed use development. These changes included the addition of up to 1,000 residential dwelling un/ts to the park. The addition of the aforementioned uses will be of benefit to the residents residing in 1532 Old Okccchobcc Roa& Suite 106, West Palm Beach. FL 33409-5270 Tc[: 5(~I-68c~-46'0 ' Fax: 561-689-5559 · E-mail:~inston',vla~aol.com EXHIBIT "D" Nh-. Michael Rumpf May 21, 2003 Page 2 the park and will aid in keeping additional vehicle trips internal to the park and encourage pedestrian access to the uses fi.om the approved 271 residential units on lots 7 through 11 and 23 through 31. Automobile and vehicle accessories, furnishings and supplies: This use, including auto and vehicle parts sales, is allowed in the M-1 Industrial zoning district and is typical of uses you find in industrial flex space. Given staff's concerns over the potential effects of allowing auto parts sales on the character of the park, parts sales has not been included in this request. The request has been limited to specific uses as outlined above. All installations, repairs and service shall take place within tenant bays. We feel both the above request use approvals are consistent with the character in which the Quantum Park DRI has evolved and respectfully request staff's support of the application. Please feel fi-ee to call with any questions you may have in regard to the information contained herein. Sincerely, Joni Brinkman, AICP Project Planner cc: Robert Burrow DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park Lot 3 APPLICANT'S AGENT: Ms. Joni Brinkman, AICP with Winston Lee & Associates, Inc. AGENT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 5, 2003 TYPE OF RELIEF SOUGHT: Request use approval for various uses (see file) on Lot 3 in the Quantum Park PID LOCATION OF PROPERTY: Lot 3, Quantum Park PID 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\Shared\Wp\Projects\Quantum Lot 3\USAP 03-002\DO.doc V.-CONSENT AGENDA ITEM D.3 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin2 Date~s in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September I5, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the August 5, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved subject to all staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-170. EXPLANATION: PROJECT: Club Meadows (MSPM 03-005) AGENT: Bradley Miller, Miller Land Planning Consultants, Inc. OWNER: LPC Club Meadows L.P. LOCATION: 100 Meadows Circle, Meadows PUD DESCRIPTION: Request for major site plan modification approval for the replacement of an existing clubhouse within the Club Meadows Aparmaents with a new 3,055-square foot clubhouse. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Develo. la~e~ D~a~t~e-nt''fDfi'ect°r City Manager's Signature Planning and Zoning D//reletor City Attorney / Finance / Human Resources S:WlanningLSHARED\WPWROJECTS\Club MeadowsqVlSPM 03-005',Agenda Item Request Club Meadows MSPM 03-005 8-5-03.dot S:~BULLETINWORMSL~.GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN'rNG AND ZON1'NG DI~VIS'rON MEMORANDUM NO. PZ 03-170 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf~'(~-~ Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: July 15, 2003 PROJECT NAME/NO: Club Meadows / MSPM 03-005 REQUEST: Major Site Plan Modification PRO.1ECT DESCR]:P'r~ON Property Owner: LPC Club Meadows L.P. Applicant: Bradley Miller- Miller Land Planning Consultants, ]:nc. Location: 100 Meadows Circle (see Exhibit "A"- Location Map) Existing Land Use/Zoning: Low Density Residential (LDR)/PUD (Meadows PUD) Proposed Land Use/Zoning: No change Proposed Use: Construction of new 3,055 square foot clubhouse to replace existing 1,800 square foot office / clubhouse Acreage: 44.734 acres total for Tract H / 2.08 acres effected clubhouse site area Adjacent Uses: North: Right-of-way for Hypoluxo Road, then farther north is single-family residential and a Walgreens, in unincorporated Palm Beach County; South: Lake Shore single-family residential development, part of the Meadows Planned Unit Development (PUD); East: Meadows Shopping Center and a semi-passive park within the Meadows Planned Unit Development (PUD); and West: Undeveloped land zoned PUD and site plan approved for a church campus, then farther west is Freedom Shores Elementary School. Staff Report - Club Me.adows (MSPM 03-005) Memorandum No PZ 03-170 Page 2 Site Characteristic: The survey prepared by ALTA / ACSM Land Title Survey indicates that the site has been developed with 4;[0 Multi-Family dwelling units, leasing/management office/clubhouse and 923 parking spaces. BACKGROUND Proposal: Lincoln Property Company recently purchased the Club Meadows Apartment complex. They intend to improve the entire property. They have decided to start their improvement program with the reconstruction of the clubhouse. The current Leasing Office/Clubhouse is approximately 1,800 square feet in size and used primarily for leasing purposes with minimal amenities for the residents, as well as being out of date. The existing clubhouse would be demolished and replaced with a larger facility (approximately 3,000 square feet) with greater amenities. ANALYS~ZS Concurrency: Traffic: A traffic statement was sent to the Palm Beach Count'/ Traffic Division for concurrency review in order to ensure an adequate level of service. It is fully anticipated that the minor change from leasing/management office to clubhouse will meet the Traffic Performance Standards of Palm Beach County. No permit will be issued without appropriate sign-off from Palm Beach County Traffic Engineering (see Exhibit "C"- Conditions of Approval). Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhbit "C" - Conditions of Approval). School: School concurrency is not required for this type of project. Driveways: The survey indicates that the proposed location of the clubhouse is internal to the larger plat on Meadows Circle. Meadows Circle is easily accessed from both Meadows Way and Meadows Boulevard, the main roadways within this particular PUD. Parking Facility: Tract H of the Meadows PUD currently provides for 923 parking spaces, which includes 896 standard spaces and 27 handicapped spaces. All reconstructed parking spaces around the new clubhouse are designed to meet the new standard for parking stall size (Engineering Drawings). The total amount of parking spaces required by the Land Development Regulations for the entire development is 744. The applicant proposes to reduce the existing parking by four (4) to accommodate the new clubhouse. Therefore, the project would retain 175 excess parking spaces over code requirement. Staff Report - Club Meadows (MSPM 03-005) Memorandum No PZ 0.~-170 Page 3 Landscaping: Of the proposed 2.08-acre affected area for the clubhouse, 43% or 0.90 acres would be landscape/pervious space, at the conclusion of this construction project. The construction would remove minimal amounts of foundation shrubs, annuals and other groundcovers, three (3) Live Oaks, one (1) Black Olive and one (1) Ficus, as well as relocate two (2) Date Palms. The new landscape plan plant list (Sheet L- 1) indicates the planting of twenty-four new Live Oaks (7 along the clubhouse/17 interspersed amongst the residential structures), two (2) Yellow Elder signature trees, and Queen and Montgomew palm trees. ];t also contains Wax Myrtle and Cocoplum hedges as well as various types of colorful shrubs and groundcover. Building and Site: The new clubhouse is proposed to be 3,055 square feet in area. This space includes management offices, a fitness room, game room,business stations with computer terminals, a kitchen and associated gathering space. The new clubhouse would be constructed in the same general location as the existing leasing office/clubhouse. The building and site design as proposed would generally meet code requirements with staff comments incorporated into the permit drawings. The proposed building has been designed as a one (1)-story structure, including a tower / cupola that extends to a height of approximately 40 feet, within the allowable 45 foot limit. Design: The new single floor building has been adorned with a tower-like structure to provide it with mass and character. The openness provided to the 18'x18' "Gathering Room" below affords a greater sense of place. The tower also serves as a focal point when viewed from Congress Avenue. The Architect has utilized raised stucco banding below the windows to add emphasis to the structure, which is to be painted Str/k/ng Peach (Sherwin- Williams 2325). The body of the building is to be painted a complementary color, Coconut Grove (Sherwin- Williams 2428). The accent trim is proposed to be Turt/e Creek(Sherwin- Williams 2365). The project also includes a patio deck off the rear of the building, with a boardwalk that will run from the clubhouse out into the lake. With these proposed amenities and the enhanced architecture on the rear elevation, the view from Congress Avenue should be greatly improved. Signage: No new signs are proposed in conjunction with this request for major site plan modification. RE(;:O M MEN DAT]:O N: The Technical Review Committee (TRC) has reviewed this request for major site plan modification approval. Staff recommends approval, contingent upon all commenl~ indicated in Exhibit "C"- Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. MWR / eb S:\Planning\Shared\Wp\Projects\Club Meadows\NlSPH 03-005\Staff Report. doc 1 in. = 303.3 feet Club Meadows- Location Map · EXHIBIT "A" Z VICINITY MAP NOT TO SCALE ~, ,,,,,. ~ ~," :,~, i~ .... !ii' ' '""' EXHIBIT "B" ,n.:, ! !!fiji. ~."- ' ,! ,. I,, ,,!I!11,!, --., ~:~ ,.,-., .-- i!~i ii '"~'" '~ .......... ~ Jilli .ill, - il '~" ~'~ .... m~i i]*i ~i ~; ~, .m - lis ...... ,,-, '"~'":::!:',"" ':'" ""'"'"' ::",: ~:' ii! :": EXHIBIT "B" EXHIBIT B"' EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Club Meadows File number: MSPM 03-005 Reference: 2nd review plans identified as a Maior Site Plan Modification with a July l, 2003 Planning & Zoning Department date stamp martang. DEPARTMENTS I INCLUDE REJECT PUBLIC WORKS- General Comments: .. Prior to permit application contact the Public Works Department (561-742- X 6200) re~ardin~ the storage and handlin~ of refuse. PUBLIC WORKS- Traffic X Comments: None UTILITIES Co,tm-tents: 2. The LDR, Chapter 3, Article IV, Section 3(P) requires a statement be X included that utilities are available and will be provided by other appropriate agencies. This statement is missin~ on the submitted plans. FIRE X Comments: None POLICE X Con-unents: None ENGINEERING DIVISION Comments: 3. Full drainage plans in accordance with the LDR, Chapter 6, Article W, X Section 5 will be required at the time of permitting. 4. All engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and will be reviewed for constmctabilit), at the time of construction permit application. BUILDING DIVISION Comments: Conditions of Approval; 2 DEPARTMENTS INCLUDE REJECT 5. Indicate within the site data the type of construction of each building as X defined in Chapter 6 of the 2001 Florida Building Code. 6. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 Florida Building Code. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of perrmt application. 7. The accessible parking spaces that serve a use shall be located on the shortest X safely accessible route of travel from adjacent parking to an accessible entrance. The 2001 Florida Building Code states that buildings with multiple accessible entrances shall have accessible parking spaces dispersed and located closest to the accessible entrance. 2001 Florida Building Code, Sections 11-4.1.2(5), 4.3, and 4.6. 8. The location of the accessible path shall not compel the user to travel in a X drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the code is forty-four (44) inches). Add text to the drawing that would indicate that the symbol represents the accessible route and the route is designed in compliance with Section 11--4.3 (Accessible Route) and 11-4.6 (Parking and Passenger Loading Zones) of the 2001 Florida Building Code. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the 2001 Florida Building Code. This documentation shall include, but not be limited to, providing finish grade elevations alon$ the path of travel. 9. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 10. To properly determine the impact fees that will be assessed for the one-story X pool/clubhouse, prior to the issuance of a building permit, provide the following: Submit a notarized affidavit on the letterhead of the property owner, company or association. The letter shall list and contain an answer to the following questions: · Will the pool/clubhouse building be restricted to the residents of the entire project only? · Will the residents have to cross any major roads or thoroughfare to get to the pool/clubhouse/recreation building? · Will there be any additional deliveries to the site? · Will there be any additional employees to maintain and provide service to the site? DEPARTMENTS INCLUDE REJECT 11. At the time of permit review, submit details of reinforcement of walls for the X future installation of grab bars as required by the Federal Fair Housing Act 24 CFR 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. 12. All areas of the clubhouse and office, including the exterior decks and X boardwalk, shall be fully handicap accessible per Title 24 CFR 100.205(c)(1) or Chapter 11 of the 2001 Florida Buildin~ Code. PARKS AND RECREATION X Comments: None FORESTER/ENVIRONMENTALIST X Comments: None PLANNING AND ZONING Comments: 13. The removal / relocation of landscape mater/al is subject to review and X approval of the City Forester / Environmentalist. 14. Equipment placed on the walls of the buildings shall be painted to match the X building color (Chapter 9, Section 10.C.4.). Place a note on the site plan indicating this requirement. 15. All new trees are required to be at least 12 feet overall height (3 caliper X inches) at the time of installation. 16. On the landscape plan, ensure that the proposed landscape species and X quantities match between the tabular data and graphic illustration. 17. Approval from the Palm Beach County Traffic Engineering is required pr/or X to issuance of apermit. ---------- ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: X 18. None -----'------ ----'----' ADDITIONAL CITY COMMISSION CONDITIONS Comments: 19. To be determined. ~ ~ S:kPlanning\SHARED\WP~ROJECTS\Club MeadowskMSPM 03-005\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Club Meadows APPLICANT'S AGENT: Bradley Miller- Miller Land Planning Consultants, Inc. APPLICANT'S ADDRESS: 298 Pineapple Grove Way, Delray Beach, FI 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Request major site plan modification for the construction of a new 3,055 square foot clubhouse on an approximately 2.08 acre parcel within the 44.734 acre Tract H of the Meadows PUD. LOCATION OF PROPERTY: 100 Meadows Circle 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ... GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Club Meadows\MSPM 03-005\DO.doc V.-CONSENT AGENDA ITEM D.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the August 5, 2003 City comnUssion Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved subject to all staff conditions. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-172. EXPLANATION: PROJECT: Boynton Commerce Center Lot 3B (NWSP 03-009) AGENT: Winston Lee, Winston Lee & Associates, Inc. OWNER: Nayrot Realty, Inc. LOCATION: Southwest comer of 1-95 and Woolbright Road DESCRIPTION: Request for a new site plan approval for a 72,174-square foot light industrial warehouse with ancillary office and retail space in a PID. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Devel~m~nt Department-Director City Manager's Signature ctorplanning and Zonmff~.~ire City Attorney / Finance / Human Resources j:~SHRDATA~Planning~SHARED\WPLPROJECTS~Boynton Commerce Ctr~oynton Commerce Ctr, Lot 3B~XIWSP 03-009',Agenda Item Request Boynton Commerce Ctr NWSP 03-009 8-5.03.dot S:x~BULLETIN~ORMSLA. GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-172 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM' Eric Lee Johnson, AICP ~"/,~ Planner DATE: July 15, 2003 PRO.]ECT NAME/NO: Boynton Commerce Center PID / NWSP 03-009 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Nayrot Realty, Incorporated Applicant: Mr. Winston Lee, AICP / Winston Lee & Associates Location: Boynton Commerce Center, Lot 3B (see Exhibit "A" - Location Map) Existing Land Use/Zoning: ]:ndustrial (I) / Planned Industrial Development (PID) Proposed Land Use/Zoning: No change Proposed Use: Request new site plan approval to construct a one (1)- story, 71,547 square foot industrial / commercial building Acreage: + / -3.8 acres (Lot 3B) Adjacent Uses: North: Developed Boynton Commerce Center Lot 3-A (Lowe's) with a Local Retail Commercial (LRC) land use designation zoned Community Commercial (C-3); South: Developed office / industrial Boynton Commerce Center Lot 3-C with a Industrial land use designation, zoned Planned :Industrial Development (PID); East: Right-of-way for the C.S.X. Railroad, then farther east is right-of-way for ]~nterstate 95; and West: Vacant industrial property Boynton Commerce Center Lot 3-H with an Industrial (I) land use designation, zoned, Planned Tndustrial Development (P][D), and still farther Staff Report - Boynton.Commerce Center PID (NWSP 03-009) Memorandum No PZ 03-172 Page 2 west is developed residential property classified Moderate Density Residential (HoDR) and zoned Single Family Residential (Ri-AA). Site Characteristic: According to the survey, the subject site is currently vacant but contains a number of dedicated easements that would have be vacated and possibly rededicated (see Exhibit"C" - Conditions of Approval). Therefore, approval of this request for site plan approval is contingent upon the approval of the accompanying easement abandonment applications (ABAN 03-005, ABAN 03-007, ABAN 03-008, and ABAN 03-009). The survey shows a stand of Holly shrubs located at the eastern portion of the property, along the railroad right-of-way. The highest elevation is a point 22 feet above sea level, located near the center of the property. BACKGROUND Proposal: According to public documents, the current property owner purchased the property in February ~.998. This subject property is one of the last remaining vacant lots within the Boynton Beach Commerce Center Planned l'ndustriat Development. Mr. Winston Lee, AI~CP of Winston Lee & Associates is requesting site plan approval for the construction of a 7~.,547 square foot multiple bay building. Concurrency: Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Traffic Division reviewed the statement and determined that the project meets the Traffic Performance Standards of Palm Beach County. The project was approved for 72,:L74 square feet of "Light Industrial". Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). School: School concurrency is not required for this type of project. Driveways: The site plan (sheet A-].) shows that Lot 3B is nestled between Corporate Drive and an existing access road. Prior to the issuance of a building permit, the applicant would have to submit evidence of a cross parking / cross access easement that would link Lot 3B with the P1~D. Also, any easements would have to be successfully abandoned and / or rededicated prior to the issuance of a building permit. Any abandoned or rededicated easements are subject to the Planning and Development Board and City Commission review and approval (see Exhibit "C" - Conditions of Approval). The site plan (sheet A-:~) shows two (2) driveway openings are proposed on the existing access road. Parking Facility: According to the Land Development Regulations, manufacturing uses require one (1) parking space per 500 square feet of gross floor area. Likewise, showrooms Staff Report - Boynton Commerce Center PID (NWSP 03-009) Memorandum No PZ 0'3-172 Page 3 would also require one (:L) parking space per 500 square feet of gross floor area. Mezzanine and storage areas require one (1) parking space per 800 square feet of floor area. The proposed site plan (sheet A-l) tabular data indicates that 19,990 square feet (35%) of the building would be retail. Also, 37,123 square feet of the building would be manufacturing / industrial/showroom. Finally, the remaining space (14,434 square feet) would be used for storage within the proposed mezzanine areas. Therefore, since the project proposes a 71,547 square foot building, a total of 192 parking spaces would be required. The site plan shows that 192 parking spaces would be provided, including six (6) designated for handicap use. The site plan tabular data also shows that 128 parking spaces excess parking spaces would be available from the developed portions of the PID. However, at this time, staff cannot confirm the exact number of excess parking spaces still available to the PID. Regardless, as proposed, the site plan would comply with the parking requirements of the Land Development Regulations. Parcel 3H, which is shown on the site plan to be developed as additional parking areas in the future, is not within the scope of this application and is not being considered at this time. If parking is proposed on Lot 3H, it would be reviewed under a separate application process (see Exhibit "C"- Conditions of Approval). Land$capin~l: The proposed open space or "pervious" area of Lot 3B would be 22,162 square feet or 14% of the total lot. No PID perimeter landscape buffer would be required along the north property line because it has already been developed as an existing access road with landscaping installed along the north side as part of the Lowe's project. This landscaping, along with that to be provided in the subject site on the northern side, would provide the green space to buffer the parking lots of these two projects. Likewise, no P];D perimeter landscape buffer would be required along the west or south property line as well. The landscape plan (sheet L-l) shows that a five (5) foot wide landscape buffer is proposed along the east side of the property. The landscape plan plant list indicates that Live Oak, Gumbo Limbo, Satin Leaf, and Yellow tabebuia shade trees are proposed. The subject lot would also contain Florida Royal palm, Coconut palm, and Carpenter palm trees. Staff recommends installing additional tall growing palm trees (such as Carpenter, Areca, Alexander, or IVlacarthur palms) along the north and west sides of the building (see Exhibit "C" - Conditions of Approval). In the northern portion of property, a landscape strip (approximately 9 feet in width) is proposed between the parking area and the existing access road. This landscape strip would function as a landscape buffer, in that it should screen parked cars. The landscape plan proposes a row of Florida Royal palm trees and Redtip Cocoplum hedges. Since it would function as a landscape buffer, staff recommends installing additional colorful groundcover plants on the north side of the Redtip Cocoplum hedges (see Exhibit"C"- Conditions of Approval). This would create the appearance of a more lushly landscaped lot when viewed from the Lowe's property. The existing stand of Holly shrubs would be removed as a result of this project. Its removal would be overseen by the City Forester / Environmentalist. Building and Site: The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. The proposed Staff Report - Boynton ~ommerce Center PID (NWSP 03-009) Memorandum No PZ 03-172 Page 4 building has been designed as a one (].)-story structure. The maximum height allowed in the PID zoning district is 45 feet. However, the top of the parapet wall would be 28 feet in height. Also, the peak of the highest portion of the decorative parapet walls would be 33 feet - six (6) inches in height. This would be less than the maximum allowable building height within the PID zoning district. The site plan (sheet A-l) shows that the building would be slightly longer than 701 feet in length. The narrowest portion of the building would be 76 feet - eight (8) inches in depth while the widest portion would be 96 feet - eight (8) inches deep. Design: Staff's overall intention is to ensure that the building design, colors, and signage would be compatible with both the Lowe's property and the developed lots in the FID. The elevation pages (sheets A-3 through A-4) indicate that the north, east, and west buildings would receive the most architectural enhancements. These facades would be adorned with higher parapet walls and pre-finished aluminum lattice work to serve as focal points. The length of the building would be interrupted with these high parapet walls that would extend higher than the normal parapet wall. Other enhancements include tilt-up concrete panel depressions, tilt- up concrete vertical / horizontal reveals (score lines), and decorative wall mounted light fixtures. The building would have aluminum windowpanes with tinted glass. The majority of the building would be painted light gray (Texcote BM #1611) while the accent colors include the following: blue CTexcote BM #812), red (Texcote BM #1309), and dark-gray (Texcote BM #1613). The overhead bay doors would be located on the south building fa(;ade only. The overhead bay doors, all front- entrance metal doors, and downspouts would be painted blue (Benjamin Moore BH #812). Staff's intention is to draw less attention to the downspouts, and therefore, is recommending that the downspouts be painted to match the main building color (light gray- Texcote BM # 1611). Regardless, the elevation pages need to indicate the location of the proposed building colors, which would be consistent with the colored rendering (see Exhibit "C" - Conditions of Approval). Signage: The elevation pages (sheets A-3 and A-4) indicate that wall signs would be placed on the north and east building facades. Each sign would be 33 square feet in area and be internally illuminated channel letters (Helvetica Bold) either in red, blue, or black. To be consistent with both the Lowe's store and the signage within the PID, staff recommends that the letters of the wall signs on the proposed building of Lot 3B be either blue or black (see Exhibit "C"- Conditions of Approval). One (1) monument sign is proposed at the northwest corner of the property. The sign elevation (sheet A-5) shows that the proposed signage area would be a maximum 64 square feet in area. ]~t also shows that the address and name of the PI~D would be placed on top of the sign. The structure would be eight (8) feet in height and 10 feet in length. Staff assumes that each tenant sign would have the same font as the wall sign (Helvetica Bold). Staff recommends the same letter colors for the tenant signs in the monument sign as the wall signs (blue or black). Staff Report - Boynton.'Commerce Center PID (NWSP 03-009) Memorandum No PZ 03-172 Page 5 RECOM MEN D A'I'ZO N: The Technical Review Committee (TRC) has reviewed this request for new site plan and is recommending approval, subject to the accompanying abandonment applications (ABAN 03-005, ABAN 03-007, ABAN 03- 008, and ABAN 03-009) and contingent upon satisfying all comments indicated in Exhibit"C"- Conditions of Approval. Any aclditional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\Shared\Wp\Projects\Boynton Commerce Ctr\Boynton Commerce Ctr, Lot 3B\NWSP 03-009\Staff Report.doc Location Map BOYNTON BEACH COMMERCE CENTER EXHIBIT "A" LOT 3 B EXHIBIT "B" EXHIBIT "B" il!l' :!I: i~. .- i, :ill 'ii! i llll .l- · j i "' ' ::' '~"' I \ ' 'T :I', I, I Jill: [[ I:I ::'l:l:" l!l:l!ll' 11I I i :, : ' > i ~ L~ COMMERCIAL , ,- EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" "ili ! I ' 'ti LEVrrT COMMERCIAL EXHIBIT "B" ,:..I : I. ,t.:,:. :.,, ,I .~ .~l :.' i!l,, ,!1, .~, I : :,r, ,,,,.,,,.;,,,,, JlJllJiil:l~ Il" I ~ ,ILL,,, , Mit ~ IilJJJJjt EXHIBIT "B" -I =1= EXHIBIT "B" / I I I I I I EXHIBIT "C" Conditions of Approval Project name: Boynton Beach Commerce Center Lot 3B File number: NWSP 03-009 Reference: 2"a review plans identified as a New Site Plan with a July 7, 2003 Planning & Zonin~ date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: X 1. Prior to permit application contact the Public Works Department (561-742- 6200) regarding the storage and handling of refuse. 2. The dumpster gate opening shall be a minimum of 10 feet in width. (LDR, X Chapter 7.5, Article II, Section 5.J. and Article III, section 9.A.9.a.) Adjust "Dumpster Plan" detail accordingly. Due at time of permitting. PUBLIC WORKS- Traffic Comments: 3. On the site and civil plans, show and identify all necessary traffic control X devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. Delineate and stripe the "Loading Area" (LDR, Chapter 2, Section 11 .J); include a pavement message in yellow indicating "No Parking - Loading Zone". See City Standard Drawings "K" Series for stripin~ details. Due at time of permitting. UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 4. Provide written and graphic scales on all sheets, which would include the X landscape plan. Conditions of Approval; 2 DEPARTMENTS INCLUDE REJECT 5. Show 25-foot sight triangles on the landscape plans (Chapter 7.5, Article II, X Section 5.H.). Use 25 foot sight triangles. 6. At the time of permitting, indicate, by note on the landscape plan, that within X the sight triangles there shall be an unobstructed cross-visibility at a level between 2.5 feet and 6 feet above the pavement (Chapter 7.5, Article II, Section 5.H.). 7. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. 8. All engineenng construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and will be reviewed for constmctability at the time of construction permit application. 9. Provide copies of cross-access agreements between the proposed project and X adiacent properties. BUILDING DIVISION Comments: 10. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 11. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psf) on the plans for the building design and the mezzanine areas. 12. Vertical accessibility to the second floor/mezzanine area shall be required per X the 2001 FBC, Sections 11-4.1.2, 11-4.1.3(5) for New Construction and Section 11-4.1.6 for Alterations. 13. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 14. According to the CBBCPP 3C3.4, the City shall continue to encourage the X use of non-potable water for landscape irrigation. An alternate water source other than city water shall be utilized for the irrigation system. 15. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. DEPARTMENTS iNCLUDE REJECT 16. Submit structural details and floor plan of the optional mezzanine areas. X 17. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 and Section 503 of the 2001 FBS. General area modifications to buildings shall be in accordance with Sections 503.3, 503.3.2, and 503.3 of the 2001 FBC. Provide calculations verifying compliance with the above code sections and Table 500. PARKS AND RECREATION X Comments: None FORESTER/ENVIRONMENTALIST C onunents: 18. The existing landscape buffer West of Corporate Drive along the Lake Worth X Drainage District E-4 canal must be designed by the removal of exotic nuisance trees/vegetation and replacement with native trees/vegetation. This plan should be shown in detail on the landscape buffer (Cchapter 7.5, Article II Sec. 7.C.). PLANNING AND ZONING Comments: 19. The subject property lies within a Wellfield Protection Zone. All future uses X are subject to both Section 9.3 of the Unified Land Development Code and the Wellfield Protection Ordinance of Palm Beach County. 20. If required by the Engineering Division of Public Works, any necessary X abandonment and rededication of easement(s) must be processed and recorded prior to issuance of a building permit (ABAN 03-005, ABAN 03- 007, A_BAN 03-008, and ABAN 03-009). 21. Parcel 3H is not within the scope of this application and cannot be counted as X application. 22. All plans must indicate the scale and north arrow. X 23. A cross parking / cross-access agreement shall be secured prior to the X issuance of a building petafit. 24. At the time of permitting, the drainage plan shall be reviewed and approved X by the Engineering Division (Chapter 4, Section 7.F.). 25. At the time of permitting, separate and indicate the proposed plant material X into the following categories: Shade trees, palm trees, shrubs / hedges, and groundcover. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 26. All trees are required to be at least 12 feet overall height at the time of X installation (Chapter 7.5, Article II, Section 5.C.2.). 27. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4.). 28. On the landscape plan, ensure that the plant quantities match between the X tabular data and the graphic illustration. 29. Fifty percent (50%) of site landscape materials must be native species. X Indicate the percent of native material in the plant list of the landscape plan (Chapter 7.5, Article II, Section 5.P). 30. A signature tree (such as a Yellow Elder, Tibouchina Granulsola, or X Bouganvillea) is required at both sides of each project entrance / exit. The signature trees must have 6 feet of clear trunk if placed within the safe-sight triangle (Chapter 7.5, Article II, Section 5.N.). Altemative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant material (for the signature tree requirement) will be subject to the City Landscaper / Environmentalist review and approval. 31. Place a note on the landscape plan that all above ground mechanical X equipment such as exterior utility boxes, meters, transformers, and back-flow preventers shall be visually screened (Chapter 9, Section 10.C.4.). 32. Rooftops will be treated as part of the building permit. All rooftop equipment X must be completely screened from view at a minimum distance of 600 feet (Chapter 9, Section 11.E.). 33. To be consistent with both the Lowe's store and the signage within the PID, X staff recommends that the letters of the wall signs on the proposed building of Lot 3B be either blue or black. 34. Staff's intention is to draw less attention to the downspouts, and therefore, is X recommending that the downspouts be painted to match the main building color (light gray - Texcote BM #1611). Regardless, the elevation pages need to indicate the location of the proposed building colors, which would be consistent with the colored rendering. 35. Staff recommends installing additional tall growing, small canopy palm trees X along the west and north sides of the building. The applicant may choose from the following species of palm trees (Carpenter, Areca, Alexander, or Macarthur). 36. Since the landscape strip (proposed along the northem portion of the lot) X INCLUDE REJECT DEPARTMENTS ~ would function as a landscape buffer, staff recommends installing additional colorful groundcover plants on the north side of the proposed Redtip ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: X 37. None ~ -------'-"--' ADDITIONAL CITY COMMISSION CONDITIONS Comments: 38. To be determined. ~ S :kPianning\SHARED\WPkPROJECTSkBoynt°n Commerce Ctr\Boynton Commerce Cu', Lot 3B\NWSP 03-009\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: -~ Boynton Commerce Center PID APPLICANT'S AGENT: Mr. Winston Lee / Winston Lee & Associates, Inc. APPLICANT'S ADDRESS: 4150 Southwest 28t' Way Fort Lauderdale, FL 33312 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 5, 2003 TYPE OF RELIEF SOUGHT: Request new site plan approval for the construction of a 71,547 square foot retail / industrial building on 3.8 acres in the Boynton Commerce Center PID LOCATION OF PROPERTY: Lot 3B, Boynton Commerce Center PID DRAWING(S): SEE EXHIBIT "B" A'I-I'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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\Shared\Wp~Projects\Boynton Commerce Ctr~Boynton Commerce Ctr, Lot 3B\NWSP 03-009\DO.doc V.-CONSENT AGENDA O ITEM G.. CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Request authorization to City Manager and City Attorney to work with the City of Boca Raton on possible legal challenge to Palm Beach County Fire Level of Service Referendum. Item will return to Commission in form of an intra-local agreement. EXPLANATION: The City of Boynton Beach, along with other members of the Palm Beach County League of Cities has been participating in a discussion with Palm Beach County regarding the practicality, advisability and legality of County- wide Fire/Rescue Standards. On the surface, this is a laudable goal however a "one-size fits all approach" may not be appropriate especially if the true costs of such standards are not known. Recent examples of legislative intent preceding true cost are the high-speed rail referendum and the class size referendum. At this writing, it is unknown if the County Commission plans to proceed with a countywide referendum. If authorized, the soonest it would be on the ballot would be March 2004. As a home-rule municipality, Boca Raton has raised preliminary legal questions about the ability of the County to impose public safety standards within the corporate limits of a home-rule municipality. The City staffbelieves the Boca Raton position is appropriate to support and is recommending possible financial support for such a challenge if needed. Currently, we believe there are four possible outcomes to the Fire/Rescue Level of SerVice discussion: 1. Countywide referendum that would make the Fire-Rescue LOS binding on all areas of the County, inclusive of incorporated areas. This is a possible abridgement of municipal home-rule. This option also does not address the tree cost of implementation. 2. A blended referendum approach, which would require concurrent referenda to be considered and approved in the unincorporated and incorporated areas at the same time. This still does not address the tree cost of implementation. 3. An alternate approach of "concurrency" whereby the County and the municipalities agree to adopt parallel standards. This is similar to the school concurrency process. This still does not address the true cost of implementation. 4. Status quo with differing standards but continued or enhanced Fire-Rescue inter-local agreements or response protocols. The County Commission is scheduled to discuss the Fire Rescue Level of Service issue at a meeting on October 28, 2003. The original date for this discussion was moved up from December 9, 2003. PROGRAM IMPACT: Until the true costs of implementation of common Fire/Rescue standards are known, it is difficult to ascertain how much additional manpower and equipment will need to be added in Boynton Beach to comply. S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Projected cost o£ legal assistance is unknown. I£the matter goes to litigation, the cost would be approximately $50,000 to the City of Boynton Beach. However, litigation is a last resort option that will require additional review and approval of the City Commission. ALTERNATIVES: Do not support the concept o£providing financial support to the City o£Boca Raton and deal with the issue as a legislative and operational matter. Department Head's Signature rare Department Name City Attorn~//Fil~ance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC , xed C~ C°~issi°n ~equeS~ Septemb~ 15, ~003 ~oo~ ~ ~ OCWb~ OcWbe ' · ssiou t~x Octobe~ ZX, ~003 Octob~ ~ques )uX~ I~, 2003 ~'~ ~o~emb~ 5, ~003 ~u~US~ Xg, 2003 ~$, ~003 ~e~a~ s~9~mb~ ~, ~oo3 s~~mbe~ % ~oo3 ~oo~3 ~ ~e~ Bus.eSS ~ ~ i~ ~ ~ .~liauCC~ = ~o~ss~°u "~;ect ~equ~ . . ~CSt O~ u~;~O~ vote, ~ . e~cloPm~'* ~est, se~ ~ ~o. ~ ~~10~: ~- '- B~au':u' - --'cB oX ~o o .;~o ~e~°uv · _. LoC~TIO~: aeauest to Item gcquesxo .... page 2 " Serra¢o Bead S¢ia~ging~ ~QUES~ FO~'~C VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned _Meeting Dates in to City Clerk's Offic~ Meeting Dates i_n to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Admmistrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the August 5, 2003 City Commission Agenda under Public Hearing. The Planning and Development board with a unaninaous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-168. EXPLANATION: PROJECT: Serrano at Boynton (ANNEX 03-001) AGENT: Chip Bryan, Julian Bryan & Associates, Inc. OWNER: Beth Peschl LOCATION: Approximately one-quarter mile west of Congress Avenue, north of the L-28 canal, South of Golf Road DESCRIPTION: Request to annex a +_9.74-acre parcel for the purpose of pursuing development within City of Boynton Beach. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~,~ ~ N/A ~ Developn3~n~Del~a~'xment DireCtor q ' City Manag~ s Signature ectorpla~xing and Zi6] ' g City Attorney / Finance / Human Resources S:LPlanningXSHARED\WPLPROJECTS~Serran° BeachXAnnex 03-001~Agenda Item Request Serrano at Boynton -New-ANNEX 034301 8-5-03.dot S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-168 TO: Chairman and Members Planning and Development Board and Mayor and ~ission FROM' Dick H udso[~i~CP Senior Planner THROUGH: Michael W. Rumpr~~ Director of Planning and Zoning DATE: .July 11, 2003 PROJECT NAME/NUMBER: Serrano Beach Annexation (ANEX 03-001) and Land Use Amendment/Rezoning (LUAR 03-005) REQUEST: To annex the subject property; to reclassify from MR-5 Medium Density Residential (Palm Beach County) to Low Density Residential (City), and to rezone from AR-Agricultural Residential to PUD Planned Unit Development PRO]ECT DESCRIPTION ' Property Owner: Beth Peschl Applicant/Agent: Chip Bryan/Julian Brian and Associates, ]:nc. Location: 1,300 feet west of Congress Avenue on the north side of the Lake Worth Drainage District Lateral Cana] 28 (L-28) (see Exhibit "A'~) PCN # 00-43-q.5-31-00-000-5020 Size: +9.7Jr acres Existing Land Use: MR-5 (Palm Beach County) (3-5 dwelling units per acre [du/ac]) Existing Zoning: AR-USA, Agricultural-Residential in the Urban Services Area (Palm Beach County) Proposed Land Use: Low Density Residential (~.8q. du/ac) Proposed Zoning: PUD Planned Unit Development Proposed Use: ~t7 zero lot line single family homes Page ?- Fi%e Number: LUAg 03-005/ANEX 03-001 Serrano Beach Estates Adjacent Uses: - 'Fo the northeast, three single family homes in Silverlake North: designated Low DensiW Residential (LDR) at 4.84 du/ac and zoned pUD planned Unit Development. Actuai built density of the pUD is 2.04 du/ac. To the northwest, unincorporated property developed with one, two story single-family residence designated MR-5 (Medium Density Residential at 5 du/ac) and zoned AR-USA, Agricultural Residential in the Urban Services Area. immediately south are the rights-of-way of the Lake Worth South: Drainage District L-25 Lateral Canal and Palmland Drive, then developed residential (chantedair Villas condominiums) designated HDR (High Density Residentia~ at 10.8 du/ac} and zoned R-3 Multi-familY Residential (10.8 du/ac). Actual built density of the duplex unit development is 7.47- du/ac. To the west of Chantedair Villas is the palmland Villas development with a built density of 8.57 du/ac. Developed Elementary (Crosspointe) School designated pPG1 East: (Public 8, Private Governmental/Instituti°nal) and zoned PU Public Use. West: Property within the Village of Goff designated single family residential and built at a density ~f 0.3 du/ac, The property immediately adiacent to the sub]ject site consists of one single- family home on a 1.6 acre parcel and a portion of a vacant parcel of 4.5 acres. I~IASTER s~TE PLAN ANALYS~.S All applications for a rezoning to a pUD p~anned Unit Development must be accompanied by a master/site plan. !n this instance, a site plan has been submitted and is being reviewed simultaneously with this application. The plan shoWS thirty-nine (39) of the homes arranged backing up to the periphery of the property. A ten (10) foot landscape buffer tract surrounds these buildings, and a loop road provides access. An additional eight (8) residences are positioned inside the loop road on the north of the property. A lake, almost an acre in size, occupies the center of the property and a small tot-lot is shown at the southwest corner of the loop road. are as follows: 25 feet to Lot sizes are typically 115 feet by 45 feet. Building setbacks road/drive edge Front: 10 feet one side 10 feet (20 feet separation) Side Rear to Buffer 15 feet [25 feet separation]) (,Rear Setback adjacent to Silverlake Page 3 File Number: LUAR 03-OOS/ANEX 03-00:[ Serrano Beach Designs shown for the residences are a derivative of Hediterranean architecture with stucco walls, S-tile roofs and decorative moldings, appliques and columns. Proposed models range from single-story/three-bedroom unit to a two-story/five bedroom unit, with air Conditioned living areas ranging from 2,:[:[0 Square feet to 2,93:[ square feet. The maximum density allowed by the Low Density Residential land use classification is 4.84 du/ac, which would provide the developer a maximum of 47 un/ts. Maximum height in all residential zoning districts except R-3 Multi-family Residential is 30 feet. In addition, PUD regulations require that perimeter buffers and setbacks within PUDs must mirror those in abutting development to ensure adequate separation between buildings. The proposed landscape buffer of :[0 feet Combined with the proposed rear setback of :[5 feet equals the required setbacks and buffer of the Silverlake development. Both the elementary school building to the east, and the Chanteclair development to the south are more than adequately separated from building sites in the proposed development. The site does not provide direct access to a major roadway or transportation system, which is a requirement for major Planned unit developments (Land Development Regulations, Chapter 2.5, Section 8, A). This requirement was placed in the code Primarily to address impacts of larger developments that Otherwise might introduce large amounts of traffic onto local streets, and to properly distribute tr . from the proposed develon ~ .~._~?c on. to. the adjacent roadway ,,~ .... ne!.ghborhood ~me,.L a~ ~xpected to be mi~ ...... j syo.~cj~. ~lnce the impacts due to the facts that there are slightly less than :[0 acres in the development and only 47 ....... · => compared to the average PUD, dwelling un/ts, staff does not consider the requirement to have the importance that would usually be given to it. P~RO.1ECT ANALYSIS ' This property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Communi Affai amendment, if approved by the ~-, ...:,, ~ . ty rs (DCA). This means that the proposed records (' large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). ' ~,Lx, ~v~u De aaopted, then fOrwarded to the DCA for their State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property OWners; however, in this instance, the annexation is at the request of the property owner. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres in all areas of the City that meet adopted level-of-services standards, and incrementally annexing enclave properties with the intent to reduce them below the 10-acre threshold. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designation for properties to be annexed within this vicinity. ]:nstead, staff analysis will relate to consistency with other relevant POrtions of the Comprehensive Plan, the city's annexation program and service capability. Page ,~ File Number: LUAF,~ 03-O05/ANEX 03-00;1 Serrano Beach The requested land use and ZOning is consistent witl~ t/~e recommendations of Section VZ~_Z La_A~nd ~; FOUnd in t~e suppo~ documen~ for t~e ' Su~-section 8.d. of t~at document states: "The~e ~els ~hould be annexed and p/aced in the Low D catego~ Deveiopmen~ of th . detached dwellinqs ..... ~?e prope~zes shou~ een- ens~ Re=zdential land ~' , ~ ~ ~o Oe COmpatible ,~,~ ~ ~ "erally be lim~ed ~o ~ .... ~e ~o the south and the single-family subdivision lying to ' ~ ~"uumZmum~ which lie the no~h," Zn connection with previous annexation studies, depa~men~ most affe~ed by annexations ~e.g. Police, Fire, and Public Works~, ~ave been Su~eyed for issues related to se~ice capabili~ and cos~. All O~inions prev[ousl~ colle~ed from t~ese de~a~men~ supposed t~e incremental annexation of enclaves. ~ese o~inions ~ave been based on the following: Z) The enclaves are all immediately adjacent to areas within t~e ci~ t~at currently receive urban se~ices; 2) Am~le se~ice capad~ ex~s~ to se~e adjacent unincorporated Prope~ies; and 3) Nost enclaves currently receive se~ice from t~e ci~ via the mutual aid agreement ~Police and Fi~e/ENS onion. T~e Palm Beach Coun~ ~ra~c Engineering Depa~ment has reviewed t~e applicant's tra~c study and verified that capaci~ exis~ on Congress Avenue to accommodate this ~roposed amendment. Zn addition, the Ci~'s Dire~or of Public Works has determined that improvements to Palm/and Drive will be necessitated by the impac~ of Proposed development. The Palm Beac~ Coun~ Planning Division has also reviewed the.~pplication and has determined that the development will not result in a negative impa~ on the area roadway ne~ork in the year 2020. Wit~ respect to solid waste, in a le~er dated December ~8, 200~ the Palm Beach Coun~ Solid Waste Authori~ has stated that adequate capaci~ exis~ to accommodate the count's municipalities throughout the ~0-yea~ planning period. The School District of Palm Beach Coun~ has reviewed the application and has determined that adequate capaci~ exis~ to accommodate the resident population. Lastly, drainage will also be reviewed in detail as pa~ of the review of the conditional use application, and must satis~ all requiremen~ of the ci~ and local drainage permit/rig authorities. As indicated herein, this CO~C~ZO~ R~CO~~O~ request is consistent with the intent of the Comprehensive Plan; will not create additiona~ impa~ on infrastru~ure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the Ci~. Therefore, staff recommends that the subject request be approved. Zf conditions of approval are recommended by the Planning and Development Board or required by the Ci~ Commission, they will be included as ~hibit "B". J:~SHRDAT~Plann~n~SNARED~WP~P~OJ[~no ~a~LU~ 0]-005~AFF R[PO~7 NEW.d~ Location SerranO at Boynton Beach PU ~~ pu -. pU~?~ 800 ~e~t 800 VII'I'.-PUBLI'C HEARING ZTEM B. CITY OF BOYNTON BEA¢ AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to CiW Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the August 5, 2003 City Commission Agenda under Public Heating. The Planning and Development board with a unammous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-168. EXPLANATION: PROJECT: Serrano at Boynton (LUAR 03-005) AGENT: Chip Bryan, Julian Bryan & Associates, Inc. OWNER: Beth Peschl LOCATION: Approximately one-quarter mile west of Congress Avenue, north of the L-28 canal, South of Golf Road DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Low Density Residential (LDR) at 4.84 umts/acre. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: · ~, N/A Develop{'ne'fit D~'arl~rnent Dir&tor City Manager's Signature Planning and Zon/~g~Director City Attorney / Finance / Human Resources S:kPlanningkSHARED\WPkPROJECTSkSerrano BeachkLUAR 03-005XAgenda Item Request Serrano at Boynton -Amend-LUAR 03-005 8-5-03.dot S:~BULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-168 TO: Chairman and Members Planning and Development Board and Mayor and ~~ission FROM: Dick Hudso~CP Senior Planner THROUGH: Michael VV. Rumpf Director of Planning and Zoning DATE: ]uly 11, 2003 PRO.]ECT NAME/NUMBER: Serrano Beach Annexation (ANEX 03-001) and Land Use Amendment/Rezoning (LUAR 03-005) REQUEST: To annex the subject property; to reclassify from MR-5 Medium Density Residential (Palm Beach County) to Low Density Residential (City), and to rezone from AR-Agricultural Residential to PUD Planned Unit Development PRO3ECT DESCRIPTION ProperLy Owner: Beth Peschl Applicant/Agent: Chip Bryan/Julian Brian and Associates, ]:nc. Location: 1,300 feet west of Congress Avenue on the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28) (see Exhibit"A'~ PCN # 00-43-45-31-00-000-5020 Size: +9.74 acres Existing Land Use: MR-5 (Palm Beach County) (3-5 dwelling units per acre [du/ac]) Existing Zoning: AR-USA, Agricultural-Residential in the Urban Services Area (Palm Beach County) Proposed Land Use: Low Density Residential (4.84 du/ac) Proposed Zoning: PUD Planned Unit Development Proposed Use: 47 zero lot line single family homes Page 2 File Number: LUAR 03-005/ANEX 03-001 Serrano Beach Adjacent Uses: North: To the northeast, three single family homes in Silverlake Estates designated Low Density Residential (LDR) at 4.84 du/ac and zoned PUD Planned Unit Development. Actual built density of the PUD is 2.04 du/ac. To the northwest, unincorporated property developed with one, two story single-family residence designated MR-5 (Medium Density Residential at 5 du/ac) and zoned AR-USA, Agricultural Residential in the Urban Services Area. South: ~[mmediately south are the rights-of-way of the Lake Worth Drainage District L-28 Lateral Canal and Palmland Drive, then developed residential (Chanteclair Villas Condominiums) designated HDR (High Density Residential at 10.8 du/ac) and zoned R-3 Multi-family Residential (10.8 du/ac). Actual built density of the duplex unit development is 7.42 du/ac. To the west of Chanteclair Villas is the Palmland Villas development with a built density of 8.57 du/ac. East: Developed Elementary (Crosspointe) School designated PPG]: (Public & Private Governmental/]:nstitutional) and zoned PU Public Use. West: Property within the Village of Golf designated single family residential and built at a density of 0.3 du/ac. The property immediately adjacent to the subject site consists of one single- family home on a 1.6 acre parcel and a portion of a vacant parcel of 4.5 acres. MASTER/$1'I'E PLAN ANALYSTS All applications for a rezoning to a PUD Planned Unit Development must be accompanied by a master/site plan. ]:n this instance, a site plan has been submitted and is being reviewed simultaneously with this application. The plan shows thirty-nine (39) of the homes arranged backing up to the periphery of the property. A ten (10) foot landscape buffer tract surrounds these buildings, and a loop road provides access. An additional eight (8) residences are positioned inside the loop road on the north of the property. A lake, almost an acre in size, occupies the center of the property and a small tot-lot is shown at the southwest corner of the loop road. Lot sizes are typically 115 feet by 45 feet. Building setbacks are as follows: Front: 25 feet to road/drive edge Side 10 feet one side Rear to Buffer 10 feet (20 feet separation) (Rear Setback adjacent to Silverlake 15 feet [25 feet separation]) Page 3 File Number: LUAP~ 03-005/ANEX 03-001 Serrano Beach Designs shown for the residences are a derivative of Mediterranean architecture with stucco walls, S-tile roofs and decorative moldings, appliques and columns. Proposed models range from single-story/three-bedroom unit to a two-story/five bedroom unit, with air conditioned living areas ranging from 2,110 square feet to 2,931 square feet. The maximum density allowed by the Low Density Residential land use classification is 4.84 du/ac, which would provide the developer a maximum of 47 units. Maximum height in all residential zoning districts except R-3 Multi-family Residential is 30 feet. ~[n addition, PUD regulations require that perimeter buffers and setbacks within PUDs must mirror those in abutting development to ensure adequate separation between buildings. The proposed landscape buffer of 10 feet combined with the proposed rear setback of 15 feet equals the required setbacks and buffer of the Silverlake development. Both the elementary school building to the east, and the Chanteclair development to the south are more than adequately separated from building sites in the proposed development. The site does not provide direct access to a major roadway or transportation system, which is a requirement for major planned unit developments (Land Development Regulations, Chapter 2.5, Section 8, A). This requirement was placed in the code primarily to address impacts of larger developments that otherwise might introduce large amounts of traffic onto local neighborhood streets, and to properly distribute traffic onto the adjacent roadway system. Since the impacts from the proposed development are expected to be minor as compared to the average PUD, due to the facts that there are slightly less than 10 acres in the development and only 47 dwelling units, staff does not consider the requirement to have the importance that would usually be given to it. PRO.1 ECT ANALYSZS This property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted, then forwarded to the DCA for their records ("large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres in all areas of the City that meet adopted level-of-services standards, and incrementally annexing enclave properties with the intent to reduce them below the 10-acre threshold. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designation for properties to be annexed within this vicinity. ~[nstead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. Page 4 File Number: LUAFL03-005/ANEX 03-001 Serrano Beach The requested land use and zoning is consistent with the recommendations of Section V~[TI Land Use Problems and Opportunities; found in the support documents for the 1989 City of Boynton Beach Comprehensive Plan. Sub-section 8.d. of that document states: "These parce/s shou/d be annexed and p/aced in the Low Density Res/dent/a//and use category. Deve/opment of these properties shou/d genera//y be//m/ted to s/ng/e-?am//y detached dwe//ings, so as to be compatib/e with the one-story condominiums which/ie to the south and the sing/e-fami/y subdivision/ying to the north." ~[n connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2) Ample service capacity exists to serve adjacent unincorporated properties; and 3) Host enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). The Palm Beach County Traffic Engineering Department has reviewed the applicant's traffic study and verified that capacity exists on Congress Avenue to accommodate this proposed amendment. Tn addition, the City's Director of Public Works has determined that no improvements to Palmland Drive will be necessitated by the impacts of proposed development. The Palm Beach County Planning Division has also reviewed the application and has determined that the development will not result in a negative impact on the area roadway network in the year 2020. With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. CONCLUSIONS / RECOMMENDATZONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. Tf conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "B". .I:\SHRDATA\Ptanning\SHARED\WP\PRO-1ECTS\Serrano Beach\LUAR 03-O05\STAFF RI:PORT NEW.doc Location Map Serrano at Boynton Beach "SITE PU ----R3 ' PU 800 0 800 Feet ~ w E VIII.-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEACl AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Admmistrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the August 5, 2003 City Commission Agenda under Public Hearing. The Planning and Development board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-168. EXPLANATION: PROJECT: Serrano at Boynton (LUAR 03-005) AGENT: Chip Bryan, Julian Bryan & Associates, Inc. OWNER: Beth Peschl LOCATION: Approximately one-quarter mile west of Congress Avenue, north of the L-28 canal, South of Golf Road DESCRIPTION: Request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) in preparation for the site pla,ning for 47-single family, zero-lot line homes. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTE ATIWS: [ Developr~ent'Del0artrSaent b~e~r Ci~ Manager's Silage Planning and Zoning ~i~ctor City Attorney / Finance / Human Resources S:kPlanningkSHARED\WP',PROJECTSKSerrano BeachkLUAR 03-005kAgenda Item Request Serrano at Boynton -Rezone-LUAR 03-005 8-5-03.dot S:kBULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-168 TO: Chairman and Members Planning and Development Board and Mayor and ~~ission FROM: Dick Hudso~V~CP Senior Plan~er THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: ~]uly 11, 2003 PROJECT NAME/NUMBER: Serrano Beach Annexation (ANEX 03-001) and Land Use Amendment/Rezoning (LUAR 03-005) REQUEST: To annex the subject property; to reclassify from MR-5 Medium Density Residential (Palm Beach County) to Low Density Residential (City), and to rezone from AR-Agricultural Residential to PUD Planned Unit Development PROJECT DESCRIPTION Property Owner: Beth Peschl Applicant/Agent: Chip Bryan/Julian Brian and Associates, Inc. Location: 1,300 feet west of Congress Avenue on the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28) (see Exhibit PCN # 00-43-45-31-00-000-5020 Size: +_9.74 acres Existing Land Use: MR-5 (Palm Beach County) (3-$ dwelling units per acre [du/ac]) Existing Zoning: AR-USA, Agricultural-Residential in the Urban Services Area (Palm Beach County) Proposed Land Use: Low Density Residential (4.8~ du/ac) Proposed Zoning: PUD Planned Unit Development Proposed Use: 47 zero lot line single family homes Page 2 File Number: LUAR~3-005/ANEX 03-001 Serrano Beach Adjacent Uses: North: To the northeast, three single family homes in Silverlake Estates designated Low Density Residential (LDR) at 4.84 du/ac and zoned PUD Planned Unit Development. Actual built density of the PUD is 2.04 du/ac. To the northwest, unincorporated property developed with one, two story single-family residence designated MR-5 (Medium Density Residential at 5 du/ac) and zoned AR-USA, Agricultural Residential in the Urban Services Area. South: :Immediately south are the rights-of-way of the Lake Worth Drainage District L-28 Lateral Canal and Palmland Drive, then developed residential (Chanteclair Villas Condominiums) designated HDR (High Density Residential at 10.8 du/ac) and zoned R-3 Multi-family Residential (10.8 du/ac). Actual built density of the duplex unit development is 7.42 du/ac. To the west of Chanteclair Villas is the Palmland Villas development with a built density of 8.57 du/ac. East: Developed Elementary (Crosspointe) School designated PPG:[ (Public & Private Governmental/:[nstitutional) and zoned PU Public Use. West: Property within the Village of Golf designated single family residential and built at a density of 0.3 du/ac. The property immediately adiacent tO the subject site consists of one single- family home on a 1.6 acre parcel and a portion of a vacant parcel of 4.5 acres. MASTER/SZ'I'E PLAN ANALYSIS All applications for a rezoning to a PUD Planned Unit Development must be accompanied by a master/site plan. l:n this instance, a site plan has been submitted and is being reviewed simultaneously with this application. The plan shows thirty-nine (39) of the homes arranged backing up to the periphery of the property. A ten (10) foot landscape buffer tract surrounds these buildings, and a loop road provides access. An additional eight (8) residences are positioned inside the loop road on the north of the property. A lake, almost an acre in size, occupies the center of the property and a small tot-lot is shown at the southwest corner of the loop road. Lot sizes are typically 115 feet by 45 feet. Building setbacks are as follows: Front: 25 feet to road/drive edge Side 10 feet one side Rear to Buffer 10 feet (20 feet separation) (Rear Setback adjacent to Silverlake 15 feet [25 feet separation]) Page 3 File Number: LUAR~O3-005/ANEX 03-00~[ Serrano Beach Designs shown for the residences are a derivative of Mediterranean architecture with stucco wails, S-tile roofs and decorative moldings, appliques and columns. Proposed models range from single-story/three-bedroom unit to a two-story/five bedroom unit, with air conditioned living areas ranging from 2,110 square feet to 2,931 square feet. The maximum density allowed by the Low Density Residential land use classification is 4.84 du/ac, which would provide the developer a maximum of 47 units. Maximum height in all residential zoning districts except R-3 Multi-family Residential is 30 feet. l~n addition, PUD regulations require that perimeter buffers and setbacks within PUDs must mirror those in abutting development to ensure adequate separation between buildings. The proposed landscape buffer of 10 feet combined with the proposed rear setback of 15 feet equals the required setbacks and buffer of the Silverlake development. Both the elementary school building to the east, and the Chanteclair development to the south are more than adequately separated from building sites in the proposed development. The site does not provide direct access to a major roadway or transportation system, which is a requirement for major planned unit developments (Land Development Regulations, Chapter 2.5, Section 8, A). This requirement was placed in the code primarily to address impacts of larger developments that otherwise might introduce large amounts of traffic onto local neighborhood streets, and to properly distribute traffic onto the adjacent roadway system. Since the impacts from the proposed development are expected to be minor as compared to the average PUD, due to the facts that there are slightly less than 10 acres in the development and only 47 dwelling units, staff does not consider the requirement to have the importance that would usually be given to it. PRO3ECT ANALYS~TS This property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted, then forwarded to the DCA for their records ("large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres in all areas of the City that meet adopted level-of-services standards, and incrementally annexing enclave properties with the intent to reduce them below the 10-acre threshold. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designation for properties to be annexed within this vicinity. ]:nstead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. Page 4 File Number: LUAR-O3-005/ANEX 03-00:[ Serrano Beach The requested land use and zoning is consistent with the recommendations of Section VII[ Land Use Problems and Opportunities; found in the support documents for the 1989 City of Boynton Beach Comprehensive Plan. Sub-section 8.d. of that document states: "These parcels should be annexed and p/aced in the Low Dens/t]/Res/dent/a/land use category. Development of these properties should generally be//m/ted to single-fatally detached dwe/I/ngs, so as to be compat/b/e w/th the one-story condom/n/urns wh/ch //e to the south and the s/ng/e-?am//y subd/v/s/on /y/ng to the north." ]:n connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2) Ample service capacity exists to serve adjacent unincorporated properties; and 3) Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). The Palm Beach County Traffic Engineering Department has reviewed the applicant's traffic study and verified that capacity exists on Congress Avenue to accommodate this proposed amendment. In addition, the City's Director of Public Works has determined that no improvements to Palmland Drive will be necessitated by the impacts of proposed development. The Palm Beach County Planning Division has also reviewed the application and has determined that the development will not result in a negative impact on the area roadway network in the year 2020. With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the ].O-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. CONCLUSIONS/RECOf41q ENDAT'ZONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. :If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "B'. j:\SHRDATA\Planning\SHARI=D\WP\PRO]ECT~\Serrano 8each\LUAR 0]-0O~b-'rAFF REPORT NEW,doc Location Map Serrano at Boynton Beach PU C3 800 0 800 Feet VIII.-PUBLIC HEARING CITY OF BOYNTON BEAC ITEM AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6. 2003 (Noon) [] September 2.2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the August 5, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved, subject to staff comments and additional conditions regarding landscape buffering, perimeter fencing, access to an adjacent property, street lighting glare, maintenance of canal right-of-way, and maximizing rear setbacks. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-171. EXPLANATION: PROJECT: Serrano Beach (NWSP 03-010) AGENT: Chip Bryan, Julian Bryan & Associates, Inc. OWNER: Beth Peschl LOCATION: Quarter mile west of Congress Avenue; south of Golf Road DESCRIPTION: Request for a new site plan approval for 47 zero lot line single family homes and related site improvements on a 9.74-acre site in a proposed PUD. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Devel~m~t l~pax'~e'h~irector "Ci~ M~ger s Silage Planning and Zoni~ctor City Attorney / Finance / Human Resources S:~lanningXSHARED\WPXPROJECTSLSerrano BeachXNWSP 03-010~Agenda Item Request Serrano Beach NWSP 03-010 8-5-03.dot SSBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNI'NG AND ZONTNG DI'V]:S1'ON MEMORANDUM NO. PZ 03-171 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director / FROH: Eric Lee Johnson, A~[CP Planner DATE: July 15, 2003 PROJECT NAME/NO: Serrano Beach / NWSP 03-010 REQUEST: New Site Plan PRO3ECT DESCRZPTZON Property Owner: Ms. Beth Peschl Applicant: Hs. Beth Peschl Agent: Hr. Chip Bryan -Julian Bryan & Assocaties Location: 1,300 feet west of Congress Avenue on the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28)(see Exhibit "A"- Location Hap) Existing Land Use/Zoning: MR-5 (Palm Beach County) (3-5 dwelling units per acre Cdu/ac]) / AR-USA, Agricultural-Residential in the Urban Services Area (Palm Beach County) Proposed Land Use/Zoning: Low Density Residential (LDR) (4.84 du/ac) / Planned Unit Development (PUD) Proposed Use: Request site plan approval for 47 single-family dwelling units Acreage: 9.728 acres (423,754 square feet ) Adjacent Uses: North: To the northeast, three single family homes in Silverlake Estates designated Low Density Residential (LDR) at 4.84 du/ac and zoned Planned Unit Development (PUD). The actual built density of the PUD is 2.04 du/ac. To the northwest, unincorporated property developed with one, two (2)-story single-family residence Staff Report- Serrano, Beach (NWSP 03-010) Memorandum No PZ 03-171 Page 2 designated MR-5 (Medium Density Residential at 5 du/ac) and zoned AR-USA, Agricultural Residential in the Urban Services Area; South: Immediately south are the rights-of-way of the Lake Worth Drainage District L-28 Lateral Canal and Palmland Drive, then developed residential (Chanteclair Villas Condominiums) designated High Density Residential (HDR) at 10.8 du/ac) and zoned Multi-family Residential (R-3) (10.8 du/ac). The actual built density of Chanteclair Villas is 7.42 du/ac. To the west of Chanteclair Villas is the Palmland Villas development with a built density of 8.57 du/ac; East: Developed Elementary (Crosspointe) School designated Public & Private Governmental/:[nstitutional (PPGI) and zoned Public Use (PU); and West: Property within the Village of Golf designated single family residential and built at a density of 0.3 du/ac. The property immediately adjacent to the subject site consists of one single-family home on a 1.6-acre parcel and a portion of a vacant parcel of 4.5 acres. Site Characteristic: According to the survey, the subject site is currently vacant but contains a 12-foot wide dirt road, which traverses along its western edge. Also, a 1S-foot wide Lake Worth Drainage District (LWDD) easement runs along its southern boundary. The highest elevation is a point 18.19 feet above sea level, located at the southwest corner of the property. Likewise, a "temporary wood power pole" is located at the southwest corner of the property. Proposal: Mr. Chip Bryan, agent for Ms. Beth Peschl, proposes to develop the subject property with 47 (Zero Lot Line) single-family dwelling units. Approval of this project is contingent upon the approval of the corresponding request to annex the subject property into the City Of Boynton Beach (see Exhibit "C" - Conditions of Approval). The applicant would also be requesting to designate the subject property with the Planned Unit Development (PUD) zoning district. Single-family homes are permitted uses in the PUD zoning district. The maximum density allowed by the Low Density Residential (LDR) land use classification is 4..84 du/ac, which would provide the developer a maximum of 47 units. The project would be built in one (~.) phase. ANALYSZS Concurrency: Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. As of the date of this report, no response has been received from the County. The Palm Beach County Traffic Division must approve the traffic impact statement prior to the issuance of a building permit (see Exhibit "C" - Conditions of Approval). Drainage: Conceptual drainage information was provided for the City's review. The Staff Report - Serrano. Beach (NWSP 03-010) Memorandum No PZ 03-t71 Page 3 Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C' - Conditions of Approval). School: The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the projected resident population. Driveways: The plans show that one (1) point of ingress / egress is proposed at the southwest corner of the property, connecting with Palmland Drive. This entrance / exit would be at least 20 feet in width. According to the Typical Road Section shown on the Preliminaw Engineering Details (sheet 2 of 2), the private rights-of-way, internal to the development would be 40 feet in width. Each side (or hal0 of this right-of-way would consist of 10 feet of asphalt, two (2) feet of valley gutter (for drainage purposes), a swale (grassy area), and a four (4)-foot wide pedestrian sidewalk. Parking Facility: Two, three, four, and five bedroom dwelling units require two (2) parking spaces per unit. The project proposes 47 residential units and therefore, would require 94 parking spaces. Each unit would have a two (2)-car garage. According to the floor plan (sheet A-l), the garages would be dimensioned a minimum 19 feet in width by 19 feet in depth, large enough to accommodate two (2) vehicles. This provision equals the required parking. Also, the "Typical Lot Detail" (sheet I of 1) indicates that the driveways in front of each unit would also accommodate two (2) parked cars. The detail shows the driveways would be dimensioned 18 feet in width by 25 feet in depth. Landscaping: According to the site plan tabular data (sheet 1 of 1), the proposed pervious area would total 4.29 acres or 44% of the site. Nearly an acre of the subject property would be set aside for the lake (retention) area, proposed within the center of the project. The landscape data indicates that 76% of the shade and palm trees would be native. The landscape data indicates that 78% of the "medium" shrubs would also be native (see Exhibit "C" - Conditions of Approval). The plan shows that a landscape buffer tO-feet in width would surround the entire property. The "Typical Buffer Detail" (as shown on sheet 2 of 5) indicates that a "canopy" tree would be placed evew 30 linear feet within the limits of this 10-foot wide landscape buffer. The categow of "shade" trees would consist of Gumbo Limbo, Seagrape, Dahoon Holly, IVlahogany, Bald Cypress, and Live Oak. Although undetermined at this time because the landscape plan's identification of proposed trees is vague, it would be very likely that the perimeter shade trees would be Dahoon Holly, Mahogany, or Live Oak trees. However, property owners would have both a Live Oak and Green Buttonwood tree installed within their yards. Since seven (7) different types of housing styles are proposed, the assortment of landscape material would vary from lot to lot. Each lot's proposed landscape material is shown in tabular format under "Typical Landscape Quantities" on sheet 3 of 5. Regardless of where or which trees are proposed, they are required to be installed at least 12 feet in height, with three (3) caliper inches (see Exhibit "C" - Conditions of Approval). Staff Report - Serrano @each (NWSP 03-010) Memorandum No PZ 0'3-171 Page 4 Building and Site: As previously mentioned, the maximum density allowed by the Low Density Residential land use classification is 4.84 du/ac, which would provide the developer a maximum of 47 units. The PUD regulations require that perimeter buffers and setbacks within PUDs must mirror those in abutting development to ensure adequate separation between buildings. The building setbacks in the Sivlertake Estates development to the north were approved for the following: Front- 25 feet; rear - 25 feet; street side - 25 feet; internal side - six (6) feet. The "Typical Lot Detail" shown on the site plan (sheet ]. of 1) indicates that the perimeter lots (:t through 39, 45, and 46) would require houses to be setback 20 feet from the rear property line. This detail illustrates the placement of the house within each lot. The applicant has informed staff that the "building envelope" as illustrated on the detail would not represent the walls of each home. Rather, the "building envelope" only depicts each lot's minimum setback requirements. Therefore, the proposed houses, which would be smaller than the "building envelope", would be placed further away from the property lines, such as long as its placement would meet all other minimum setbacks. In terms of perimeter buffering, the detail shows that this 20-foot rear setback would partially consist of the tO-foot wide landscape easement (where the buffer trees are proposed). In order to maximize setback compatibility of the subject property with Silverlake Estates (to the north), the proposed Lots ].7 through 20 would require homes to be setback at least 25 feet from their rear property line (within the limits of their "building envelope". The proposed development would be more than adequately buffered from the elementary school building to the east and the Chanteclair development to the south. According to the Detail, the houses would be setback 25 feet from the front property line and :tO feet from the side property line (excluding the zero-tot line). The applicant is requesting the provision for swimming pools and screened-roof enclosures in the rear yard. No solid-roof enclosures are proposed. Staff has no objection to this allowance provided that the landscape buffer would remain intact. Staff would object to solid-roof screened enclosures that encroach into the minimum rear setback. Staff recommends that the height of the screen enclosures be limited to the mean height of the house on which the structure is proposed (see Exhibit"C" - Conditions of Approval). The elevations show that the mean height of the two (2) stow homes would be 25 feet - seven (7) inches tall and the peak of the roof would be 29 feet - six (6) inches tall. The maximum height in all residential zoning districts except R-3 Multi-family Residential is 30 feet. Design: The City has reviewed and approved many different residential projects over the past two years (i.e. The Harbors, Villas at Quantum Lakes, Arbolata, Jefferson at Boynton Beach, Kensington Place). Most of them however, have been townhouse developments. Associated with the proposed type of single-family residential development are a wide variety of possible building designs (i.e. contemporary, traditional, Spanish-Mediterranean, etc.). This project would be considered as more of a mixture of"contemporary and Mediterranean" architectural style, similar Staff Report - Serrano Beach (NWSP 03-010) Memorandum No PZ 0;3-171 Page 5 to many zero-lot line communities throughout South Florida. The homes would be either one (1) or two (2) stories tall. The proposed roofing material would be Spanish S-tile roof. The elevations show that the exterior finish of the walls would be textured stucco. The applicant is proposing a variety of colors schemes. The colors are as follows: · Scheme 1: Mansard Stone #8635, Woodier #8685, and Tequilla #8672; · Scheme 2: Manganese #8826, Weaverbird #7760, and Saltbrush #8183; · Scheme 3: Winestain #8386, Spicenut #8755, and Restorative #025; · Scheme 4: Gristmill #8665 and Artist's Canvas #8681; · Scheme 5: Wayfarer Gray #8535, Moose Point #8715, and Desert Tumbleweed #8723; · Scheme 6: Dark Calossus #8526, Beaver Creek #8765, and Desert Fawn #8222; and · Scheme 7: Black Metal #8796, Floral White #033, and Stucco Greige #8693 The project proposes a variety of house style types, ranging from three (3) to five (5) bedrooms with air-conditioned living areas ranging from 2,~.10 square feet to 2,931 square feet. Staff has no objections to the proposed building colors, architectural style, or roof types. $igna§e: No project signage is proposed at this time. The applicant understands that all signage is subject to review and approval of the Planning & Development Board and City Commission (see Exhibit "C" - Conditions of Approval). RE~OMMENDAT]:ON: The Technical Review Committee CTRC) has reviewed this request for new site plan approval. Staff recommends approval of the site plan, contingent upon the successful annexation and rezoning (ANEX 03- 00~.) and also subject to satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\Shared\Wp\Projects\Serrano Beach\NWSP 03-OtO\Staff Report.doc Location Map Serrano at Boynton Beach II II ' UN-SUBDIVIDE D EXHIBIt I~~ u~..~o~, ,,,~o~o~ ! ~ '~ ~4~-~,-,,- ....................... ,,, , ~ >~ / :~: '~,'~ ~ ............ ~ .............. ~ =~ l , · . ~. ~_ ..~ ¢ --;', r* , IA I ] ' ~ '- I -.t: I~;'l~' ' / l ~ I ~ , I ¢- ~ { · I J : , t~ - ~ ,,,F' ',:~ ' I ~oo-- I / ' , , ,~1 -:A, ,% -. ~-~ - ~ ~ ~ .~ ,-~ I .=_/ : ~ , . ,I " .ix ~/~/~-~ ...... ~"- ~ ~ -- ~~, / I~ · I ,~, I i~ ~ --~~~ '~~ .......... ,~ ~ ' ~--~ q z,'~n - ~ ,'- ,~ ~ , , ;I ~- · ~~~-~ x ~ ~ l '~ i ~ ~fON B~CH t ' l ' il I1t Jill lll{!!i . , / ~ . ~{} { 11 itl 1111 ]iili]l i3 ~/ Ill ,,, . ,,'. I ,,,, ,. ,,,,,,.,. .,.. , ,.,,, ,,.~ , -- ",-,, / / EXHIBIT "B" EXHIBIT "B" D.R. HORTON HO~E$ Boyton Beach, Florida EXHIBIT "B" !i, ~'~' , , ~ ',~ ~.~ _ . . ~ , )~ ~ ': ~ ~1 f~ / ~ - , - , ' ', , ~ ~::, ~ , ,, .... ~ ~. ~ .J EXHIBIT "B" , EXHIBI1 "B" ~. : ~ ~' ~!~ .... :~ '~ '"'"" ':~"" ' 'i~i~il Iii!il '--. ~( ~ :~<~=~ ....... ildt iii!l !ill ~iil iii~,~ ?~,,"':~i ~}J,,,,, ~ill~,~ . i I,':ljll, J ~ ,Iii ,iiiI .,: ,tl Ii I l, ' . I-I,I. ~ ,Il I · i", I , ~ ,; ~ ,.1 Il ~'~Jl' ~'i' :~ '~'~:II! t, il[,1 ~ ,I,', ,,,, ....,,,,, errano Beach J " i'J ~,~,~.~ "JJ 8o~on 8~ch. Florida EXHIBIT "B" F!I :" ,, .,, i!-~ , .-.;., o.~. ~o~ro~ ~o~s ~o~o~ ~ch, Florida EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" ,' I !1 EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" I · '-- '" - , I1 ~ Ii ' II I[ - ,~ Ii EXHIBIT "B" EXHIBIT "B" -- "" "'""~: ii!i! "'"'"'"'"""": "'''' " ,t, ~ i!~l~,~ I I il 'I ' , ~i. ~. ,,~ Iii ,,, .j ,~ :[ ,l ,,,,,,,, ,,, ,, ,,,,,,,,,,, ' I:: :i: 4: :, I: :II~!, , ,,, i..,,, [ !~, ,.:, :l:,,,, , illl ll il! ":' ::: !I i ., ,:. t!: [Ii '" "" EXHIBIT "B" I EXI--IIB!T "B" . t ii-lll!.~,ltt ~.~ ,,,::::::,,, il:,q 11 !lillillt ,[: lqti ti lit ':::,"' -::: I[ilit ~:~:~: i~.,. itl:l~llI [,~ :;,,.'-':: l !i i~lilll: , :'." :':.-: :::::ill ~!:l! :il:l:~ it '"" """ ': ":' ii ,, ll:ll~ll~!ll!!i I..lt: !I I :[ I~[ !i:I . Il :i:ll~" ::::llill!l i::ll: i ~:!1~ · ] u II I I ,.T.I - i-I - I I ~ [ ?'-_ l'-- 1 I EXHllSI I '~" EXHIBIT "B'I il EXHIBIT "B" Ill II [I} EXHIBIT "B" EXHIBIT "B" EXHBIT "C Conditions of Approval Project name: Serrano Beach File number: NWSP 03-010 Reference: 2nd review plans identified as a New Site Plan with a July 8, 2003 Planning and 7.oninE Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. Provide off-site improvements to provide an access for the homeowner (Derle X Bailey) to the north. Meet with the homeowner to determine his needs and provide access accordingly. Inform the City of Boynton Beach Engineenng Department in advance of the meeting of the time, date and location so that a representative can attend. UTILITIES Comments: 2. Prior to the issuance of a building permit, provide the location within the X adjacent elementary school site that this proposed subdivision will be connecting to. If the elementary school site is also located on a lift station, justify that it has capacity to intake this development's flow, or reflect the changes that will be required to the school's system(s) to accommodate this development. ENGINEERING DIVISION Comments: 3. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 4. Show sight triangles on the landscape plans (Chapter 7.5, Article II, Section X 5.H.). Each sight triangle shall be 35 feet at the property lines per Chapter 7.5, Article II, Section 5.H.2. of the Land Development Resulations. 5. Specify storm sewer diameters, inlet types, etc. on the Preliminary X Engineering plan. Indicate proposed inlet and invert elevations for all structures, and proposed lake elevations on the Preliminary Engineering plan. COA 07/21/03 2 DEPARTMENTS INCLUDE REJECT 6. Full drainage plans in accordance with Chapter 6, Article IV, Section 5 will X be required at the time of perrmtting. 7. Provide copy of the Lake Worth Drainage District permit for the outfall into X the L-28 canal. 8. A Cleanng and Grubbing permit and an Excavation/Fill Permit will be X required and may be applied for prior to site plan approval. 9. Upon Commission approval of the site plan, the applicant shall meet with the X Engineenng Division to initiate the plat process. 10. Provide a naming plan for the proposed streets within the subdivision. X FIRE Comments: 11. Design documents shall demonstrate compliance with Chapter 6, Section 16 X which provides requirements for hydrants. Connections shall be to mains no less than six (6) inches in diameter. POLICE X Comments: None BUILDING DIVISION Comlnents: 12. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 13. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. 14. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of perrmt application, F.S. 373.216. PARKS AND RECREATION Comments: 15. The Parks and Recreation Facilities impact fee is figured based on 47 single- X family units; 47 single-family units ~ $940 ea = $44,180 COA 07/21/03 3 DEPARTMENTS INCLUDE REJECT The fee is due at the time of the first applicable building perrmt. FORESTER/ENVIRONMENTALIST 16. The applicant must design / install native species of upland trees, under story X and littoral plantings along 50% of the lake perimeter within the entire 20 foot wide lake easement. The upland and littoral plantings must be contiguous to each other and cover 50% of the lake perimeter. A cross-section of the design should be included on the landscape plan. 17. A Lake Maintenance Plan document must be provided for the proper X maintenance of the lake plantings. A time zero and quarterly monitoring report for two years is required of the developer. 18. All newly installed trees noted on the Landscape Quantities list must be a X minimum of 12 feet in height, 3 inches DBH (4.5 feet above ground), Florida #1 quality (Chapter. 7.5, Article II Sec.5.C.2.). 19. There is no irrigation system design included with the site plans (Chapter. 7.5, X Article II Sec. 5,A.). Submit irn~ation plans at the time of permitting. PLANNING AND ZONING Comments: 20. Approval of this project is contingent upon the approval of the accompanying X request for annexation in the City Of Boynton Beach (ANEX 03-001). 21. A re-plat will be required. Abandonment and rededication of any easements X can occur during the platting process but no building permit will be issued until the process is successfully completed. 22. At the time of permitting, on the site plan (sheet 1 of 1), name this sheet as X both the "Master Plan" and "Site Plan" since it will serve as both according to Chapter 2.5, Section 10.A.3.d. 23. At the time of permitting, the floor plans, landscape plans, and elevations X should directly correspond to each other (Chapter 4, Section 7.C). 24. The "unit type" designation (i..e. Unit 1950, Unit 2279) must match between X the floor plans and the Typical Landscape q!uantities tabular data. 25. Prior to the issuance of a building permit, the Palm Beach County Traffic X Division shall approve the Traffic Equivalency Statement (Chapter 4. Section 8.F.). COA 07/21/03 4 DEPARTMENTS INCLUDE I REJECT 26. At the time of perrmtting, the elevation pages shall indicate the exterior finish, X paint manufacturer's name, and color codes. Staff recommends using a color , schedule (Chapter 4, Section 7.D.). 27. All proposed signage is subject to review and approval of the Planning & X Development Board and City Commission. 28. The detail of the typical freestanding outdoor lighting fixture should include X the overall height, exterior finish and color(s). 29. The removal / relocation of landscape mater/al is subject to review and X approval of the City Forester / Environmentalist. 30. All plant material shown on the landscape plan (sheet 2 of 5), in particular X within the landscape buffer, must be identified with a symbol and its corresponding quantity. At the time of permitting, identify all plant mater/al of this page. Approval of the common area landscaping (by the City Forester / Environmentalist and Planning & Zoning staff) is required prior to the issuance of a building permit. 31. A signature tree (such as a Yellow Elder, Tibouchina Granulsola, or X Bouganvillea) is required at both sides of each project entrance / exit. The signature trees must have 6 feet of clear trunk if placed within the safe-sight triangle (Chapter 7.5, Article 2, Section 5.N.). Alternative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant mater/al (for the signature tree requirement) will be subject to the City Landscaper / Environmentalist review and approval. 32. At the time of permitting, provide an overall plant list that accurately X identifies all (total) plant mater/al provided. 33. All trees are required to be at least 12 feet overall height and three (3) caliper X inches at the time of installation (Chapter 7.5, Article II, Section 5.C.2.). This impacts the Bougainvillea, Ligustrum, Wax Mytle, Alexander Palm, Washingtonia Palm, and Sabal Palmetto trees. All trees identified on sheet 3 of 5 must comply with this requirement. Correct the spelling of "Gumbo Limbo" tree. 34. On the landscape plan plant list (sheet 3 of 5), correct the proposed Future X Land Use from "MDR" to "LDR". ------------- - 35. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4.). o 1 ~te landsca e materials must be native species 36. Fifty percent (50~/o) of al s' P ' ' COA 07/23/03 5 DEPARTMENTS INCLUDE REJECT (Chapter 7.5, Article II, Section 5.P). Separate and indicate the proposed plant material into the following categories: Shade Trees, Palm Trees, Shrubs / Hedges, and Groundcover. Please tabulate the amount of native material in each plant category. 37. At the time of permitting, place a note on the master site plan / site plan (sheet X 1 of 1) that the maximum height of any proposed screened enclosure shall never exceed the mean roof height of each sinl~le-family dwellin$ unit. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 38. Provide perimeter fence around project through maintenance of existing or X addition of new fencing where currently void. X 39. The proposed fence (along the south property line) be placed along the northern limits of the 1 O-foot wide landscape buffer. 40. The developer should maximize as much as possible, the rear setbacks of X those lots abutting the north property line. 4 I. At the southern property line, the developer shall irrigate the north side of the X of the canal consistent with the Lake Worth Drainage District's requirements. 42. The developer shall work with Chant 6clair Lake Estates regarding the X maintenance (installation of bahia grass and other vegetation) of the entranceway over the LWDD canal. 43. In reference to the street lighting on the subject property, the developer shall X coordinate with the Village of Golf in order to minimize glare and spillage. 44. The developer shall install more shade trees (double the amount) along the X entire northern property line. 45. The developer shall work with Mr. Derle Bailey on the relocation of the X shared ingress / egress easement (along the subject property's western property line). COA 07/23/03 6 DEPARTMENTS INCLUDE REJECT 46. No solid-roof enclosures shall be permitted within the rear yard. X 47.The developer shall install additional scented / flagrance type of landscape X material around the lift station subject to the Engineenng Division review and approval. ADI)ITIONAL CITY COMMISSION COMMENTS: Cotxui-~ents: 48. To be detem-,ined. MWR/elj S:\Planning\Shared\Wp\Projects\Serrano Beach\NWSP O3-010\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: -' Serrano Beach APPLICANT'S AGENT: Mr. Chip Bryan- Julian Bryan & Associates APPLICANT'S ADDRESS: 1700 Northwest Arcadia Way, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 5, 2003 TYPE OF RELIEF SOUGHT: Request site plan approval for 47 single-family dwelling units LOCATION OF PROPERTY: 1,300 feet west of Congress Avenue on the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28) 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\Shared\Wp'~C~rolects\Serrano Beach~"~'¥SP 03-010\DO.doc VIH.-PUBLIC HEARING ITEM D. CITY OF BOYNTON BEACi AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) ' [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unflmshed Business RECOMMENDATION: Please place this request on the August 5, 2003 City Commission Agenda under Public Hearing. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Deparmaent of Development Memorandum No. PZ 03-167. EXPLANATION: PROJECT: Berry Veal (COUS 03-005) AGENT: Jaime Plana, Architect OWNER: Berry Veal Corporation LOCATION: 1421 Neptune Drive DESCRIPTION: Request for conditional use approval/major site plan modification for a two-story 5,807 square foot addition to an existing meat packaging plant in an M-1 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~: _ N/A Do~'elo~m4n~ ~5'~p~rtn~e~t Director City Manager's Signature plarmmg and Zoni~ Director City Attorney / Finance / Human Resources S:XPlanning~SHARED\WP~ROJECTSXBERRY VEAL\COUS 03-005\Agenda Item Request Berry Veal COUS 03-005 8-5-03.dot S:~BULLETIN~ORMS',AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-167 TO: Chairman and Members Planning & Development Board THRU: Michael Rumpf ~' ~'~ Director of Planning and Zoning FROM: Ed Breese ~h Principal Planner DATE: July 10, 2003 PRO_IECT: Berry Veal / COUS 03-005 REQUEST: Conditional Use approval for a 5,807 square foot addition to an existing business, Berry Veal Corporation, located at 1421 Neptune Drive. PRO3ECT DESCR]:PTZON Property Owner: R.A. Realty / Alan Gioia Applicant: Berry Veal Corporation Agent: .laime M. Plana, Architect Location: 1421 Neptune Drive (see attached map) Existing Land Use/Zoning: :Industrial (1') / Industrial (M-l) Proposed Land Use/Zoning: No change proposed Proposed Use: Expansion of existing Meat Processing Plant Acreage: 1.338 acres Adjacent Uses: North: L-29 Canal right-of-way, farther north undeveloped land, zoned M-l; South: Neptune Drive right-of-way, farther south Oceanview Limousine and Shutter Products International, zoned M-l; East: Sir Electric, Inc., zoned M-l; and West: Dixie Metal Products, Inc., zoned M-1. Berry Veal - COUS 03-005 Page 2 Memorandum No. PZ 03-16.7 BACKGROUND .]aime M. Plana, Architect and agent for Berry Veal Corporation is seeking conditional use approval for the construction of an addition of 5,807 square feet to their existing 12,503 square foot building. The subject lot is located in an industrial park on the east side of South Congress, a few blocks north of the city's southern limits. Berry Veal has operated from this site since 1985. The company, in 1999, considered expansion plans. At that time, the applicant, based on a recommendation from staff, requested a code amendment to better define their operational characteristics. The City Commission authorized the code amendment in the M-1 zoning district regulations under conditional use (Chapter 2, Section 8, A.4.e.), which reads, "Cutting of sub-primal portions of meat and pre-cut poultry into serving portions including packaging and shipping". Staff has previously toured the facilities and Witnessed the process and the cleanliness of the operation. Berry Veal has a resident USDA inspector to monitor the operation daily. The expansion would enlarge the "deep freezer holding area", the "holding area" and the "storage area", as well as the creation of a "storage mezzanine". The parking lot would be re-striped, including the designation of a fire lane and ADA accessible route. A new dumpster enclosure would be created with the associated landscaping. All newly constructed portions of the building are designed to be compatible with the existing structure. The new portions are proposed at the rear of the building, not visible from the public street. STANDARDS FOR EVALUATZNG COND~"~ONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or subject to conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The subject properO/ currently has two (2) points of ingress / egress located off of Neptune Drive. This proposed expansion of fac#it/es would not involve changes/n the number of ingress/egress points or significant changes /n volumes of pedestrian and automobile traffic /n the /'ndustr/a/ development. On-site traffic circulation would meet the requirements for emergency access as proposed. Berry Veal - COUS 03-005 Page 3 Memorandum No. PZ 03-16.7 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Required parking is calculated to be twenty-nine (29) spaces total, based on the square footage of the different components within the proposed use. The site plan would exceed this requirement with the provision of thirty (30) spaces, including two (2) designated as hand/capped-accessible. The proposed project would not increase the intensity of parking or promote additional glare, noise or odors. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. A new dumpster enclosure is being provided to rep/ace the existing, complete with additional landscaping. Trash would be removed on a standard schedule and solid waste is not anticipated to increase significantly as a result of proposed expansion of facilities. 4. Utilities, with reference to locations, availability, and compatibility. The City Of Boynton Beach Utility Department comments have been incorporated; uti/it/es would be available and provided, consistent with Comprehensive Plan policies and city regulations. Screening, buffering and landscaping with reference to type, dimensions, and character. The site is fully landscaped with mature landscape mater/a/, including Coconut and Palmetto palm trees, Mahogany, Live Oak and Gumbo L/mbo shade trees. The front landscape buffer ('along Neptune Drive) is required to contain a combination of colorful groundcover plants and a minimum of two (2) colorful shrub species (see Exhibit "C"- Conditions of Approval). £f approved, the landscape few's/OhS can be handled at the time of permitting. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. No additional signs are proposed at this time. All site lighting is proposed to comply with city regulations. 7. Required setbacks and other open spaces. The proposed building addition would meet the setback requirements of the lyf-1 zoning d/strict. 8. General compatibility with adjacent property and other property in the zoning district. The proposed expansion of facilities would be in conformance with the code amendment in 1999 that would a/low these types of operations within the/vl-I zoning d/strict (as conditional use). This use/'s generally compatible with the surrounding industrial uses. Visual/y, the proposed addition has been Berry Veal - COUS 03-005 Page 4 Memorandum No. PZ 03-16.7 designed to be compatible with the existing structures, and would receive a gray stucco base and a white stucco finish to match the existing surface treatment. 9. Height of building and structures, with reference to compatibility and harmony to adiacent and nearby properties, and the city as a whole. The proposed he/~Tht of the ¢4/o-story building add/t/on would be 25 feet - Cwo (2) inches, we//within the max/mum height of'lq feet a/lowed in the M-] zoning district. 10. Economic effects on adjacent and nearby properties, and the city as a whole. Berry Pea/has been in operation at the subject location since 1985. The add/t/on of a large deep freeze and storage area would a/iow the bus/ness to better serve its customers and increase /Cs e~c/ency! but overall economic effects of the proposed expansion on adjacent and nearby properties, and the city w/ii be negligible. 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff commencs, the proposed project wou/d comp/y with ali requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach noise Control Ordinance. With incorporation of ali conditions and staff recommendations contained herein, the proposed use would operate in a manner that is in compliance w/th the above-referenced codes and ordinances of the city. RECOMMENDA'i'[ON. Based on the discussions contained herein, compliance with development regulations, and the consist:ency with the Comprehensive Plan, st:afl recommends that this request: for condit:ional use / major site plan modification be approved subject: to satisfying all comments contained in Exhibit '%" Conditions of Approval. Furthermore, pursuant to Chapt:er 2 - Zoning, Section [[.2 Conditional Uses, a time limit is to be set wit:hin which the proposed project is to be developed. Staff recommends that a period of one ([) year be allowed to obtain a building permit for this project:. MWP,:'eb S:,,PlanninB~SHARED\WF~PROJECTS"BERRY VEAL,COUS 03-O05\S~ai'f Report.doc LOCATION MAP BERRY VEAL EXHIBIT "A" EXHIBiI ~' .-. > m 5 o -,. :. c ." ; m O > '-~ Z2~ ~ I o c ram Z z EXHIBIT "B" EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: BerryVeal File number: Conditional Use Reference: 2~d review plans identified as a Conditional Use with a July 1, 2003 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse. 2. Indicate by note on the plan that the required gates for the dumpster shall X contain long steel rods to drop into the pavement in order to secure the gates in the open and closed positions. Drilled holes (for concrete) or metal sleeves (for asphalt) shall be provided for the lockin~ rods. PUBLIC WORKS- Traffic Comments: 3. Provide a traffic analysis and notice of concurrency (Traffic Performance X Standards Review) from Palm Beach Count[/Traffic Engineering. UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 4. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 5. Show all existing utilities and easements on Site Development plan (Chapter X Conditions of Approval.~ 2 DEPARTMENTS INCLUDE REJECT 4, Section 7.A.3). 6. Indicate to what standard(s) the project is to be constructed; if the FDOT X Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both En lish and Metric units. 7. At time of permitting, show sight triangles on the landscape plans at the X 7.5, Article II, Section 5.H us)__~_~ a 25-foot man X 8. Indicate, by note on the Landscape Plan, that within the sight triangles there shall be an unobstructed cross-visibility at a level between 2.5 feet and 6 feet above the ~er 7.5, Article II, Section 5.H). 9. Provide a Utility plan which includes water, sanitary sewer, storm sewer, and X all associated appurtenances. Indicate, on the plans, material, diameter, etc. for each. 10. Drainage plans, showing the existing conditions and any proposed X modifications, shall b_be_~_provided at the time of~~ 11. Provide a detail showin: .sed surfacin section. X BUILDING DIVISION Comments: 12. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of >lication. 13. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the/each building. Verify that the proposed elevation is m 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 2001 FBC]: From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the ans. 14. Vertical accessibility to the second floor/mezzanine area shall be required per X the 2001 FBC, Sections 11-4.1.2, 11-4.1.3(5) for New Construction and Section 11-4.1.6 for Alterations. X 15. At time of permit review, submit si~-ned and sealed workin ..~__p_~osed construction. ~ ~ 16. Clearly show all plumbing fixtures (including any proposed) on the floor X plan. Comply with Table 403.1 2001 FBC, Plumbing for minimum required fixtures. 17. Occupant load noted on sheet A-2 shall comply with Table 1003.1 of the X 2001 FBC. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 18. Include a color rendering of all four (4) elevations prior to the Planning 8: X Development Board meeting. (Chapter 4, Section 7.D.). 19. All elevations must indicate the proposed colors, including the paint X manufacturer's name and color code (Chapter 4, Section 7.D.). Staff recommends matching the color(s) for both the proposed addition and existing building. 20. The front landscape buffer must contain a combination of colorful X groundcover plants and a minimum of two (2) colorful shrub species (Chapter 7.5, Article II, Section 5.D.). 21. Equipment placed on the walls of the buildings shall be painted to match the X building color (Chapter 9, Section 10.C.4.). Place a note on the site plan indicating this requirement. 22. Staff recommends screening the existing mechanical equipment (on the X ground as shown on the west elevation) with additional landscaping or other screening materials. 23. Staff recommends that a period of one (1) year be allowed to obtain a X building permit for this project. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 24. None X ADDITIONAL CITY COMMISSION CONDITIONS Conditions of Approval ~ ~ INCLUDE REJECT DEPARTMENTS Comments: 25. To be deterrmned. S:,,,Planning~SHARED\WPXPROJECTS~BERRY VEAL\COUS 034)05\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: '~ Berry Veal Corporation APPLICANT'S AGENT: Jaime M. Plana APPLICANT'S ADDRESS: 1053 S.W. 12th Street, Boca Raton, FI 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 5, 2003 TYPE OF RELIEF SOUGHT: Conditional use approval for the construction of a 5,807 square foot addition to an existing business on a 1.338-acre parcel in a Light Industrial (M-l) zoning district. LOCATION OF PROPERTY: 1421 Neptune Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant · _ HAS _ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. __ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\WP\PROJECTS\BERRY VEAL\COUS 03-005\DO.doc City Clerk VIII.-PUBLIC HEARING ITEt4 E. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dams in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the August 5, 2003 City Commission Agenda under Public Hearing. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-173. EXPLANATION: PROJECT: Boynton Commerce Center (ABAN 03-005) AGENT: Winston Lee, Winston Lee & Associates, Inc. OWNER: Nayrot Realty, Inc. LOCATION: Southwest comer of 1-95 and Woolbright Road DESCRIPTION: Request for an abandonment of an existing ingress/egress easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE7/~ .~ ~,~A( D eve lal~m~i~t D ~ artm~n[D'~e~-or City l~anag;r ~ Sign~~'~atur Planning and Zoning I~tor City Attorney / Finance / Human Resources J:~SHRDATALPlanning~SHARED\WP~PROJECTS~Boynton Commerce Ctr~Boynton Commerce Ctr, Lot 3BXABAN 03-005~,Agenda Item Request Boynton Commerce Ctr ABAN 03-005 8-5-03.dot S:x, BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-173 TO: Chairman and Members Planning and Development Board THRU: Michael W. Rumpf ' Planning and Zoning Director FROM: PlannerMaxime Ducoste-Am~dbeH~ DATE: July 15, 2003 SUBJECT: BOYNTON COMMERCE CENTER Lot 3B (ABAN 03-005). Abandonment of an existing Ingress / Egress Easement within a portion of Parcel 3B & 3C. NATURE OF REQUEST The agent for Boynton Commerce Center Lot 3B, Winston Lee of Winston Lee and Associates, Inc., is requesting to abandon the 65-foot wide ingress/egress easement located within a portion of Parcel 3B & 3C. This request to abandon the ingress/egress easement was submitted on May 5, 2003. It is described as follows: A portion of Parcel 3B & 3C, BOYNTON COMMERCE CENTER according to the Plat thereof, as recorded in Plat Book 46, Pages 126 and 127, in the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the ingress/egress easement to be abandoned. The attached Exhibit "B"- shows the location of the proposed abandonment on the subject property and includes a detailed location of the easement to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - Developed retail commercial use (Lowe's) zoned C-3 and farther north is right-of-way for Woolbright Road and developed commercial properties zoned C-3; South Parcel 3-C of Boynton Commerce Center, PID, industrial uses, zoned PID; East - Right-of-way for S.A.L. Railway and father east is right-of-way for Interstate 95; and West - Right-of-way for Corporate Drive then Parcel 3-H of Boynton Commerce Center, PID, used for parking and zoned PID, and farther west is right-of-way for L.W.D.D. E-4 Canal. BACKGROUND On June 2, 1998, the City approved the master plan for the Boynton Commerce Center Planned Industrial District (P.I.D.). A 65-foot wide easement, which runs east to west, currently functions as a means of ingress / egress to Parcel 3C and the subject parcel (Parcel 3B). The applicant has the intention of reducing and relocating the 65-foo' ingress/egress easement to facilitate the development of the last remaining lot in this PID (see Exhibit "C"- Boynton Commerce Center Lot 3B Site Plan). Once this easement is vacated, a new ingress / egress easement not less than 50-foot wide is proposed as a replacement (See Exhibit "D" - Conditions of Approval). Page 2 Memorandum No. PZ 0;3-173 ABAN 05-005 ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection Public Works/Utilities Approval with conditions (See Exhibit "D") Planning and Zoning No objection PUBLIC UTILITY COMPANIES Florida Power and Light No objection Bell South - No objection Florida Public Utilities Company - No objection Cable Company (Adelphia) - No objection Cable Company (Comcast) - N/A RECOMMENDATION Staff recommends that this request to abandon the existing 65-foot wide Ingress/Egress easement as described above, be approved, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Planning and Development Board and the City Commission will be placed in Exhibit "D" - Conditions of Approval. xc: Central File S:\ Planning\SHARED\WP\PROJECTS\Boynton Commerce Ctr~ Boynton Commerce C~r Lot 3B~ABAN 03-005~taff report.doc Location Map BOYNTON BEACH COMMERCE CENTER EXHIBIT "A" LOT 3 B ' SKETCH & DESCRIPTION EXHIBIT "B" INGRESS & EGRESS EASEMENT BOYNTON COMMERCE CENTER PLAT BOOK 4-6, PG. 126 &: 127 N02'21 '52"£ /VO2~I '32'~~ A=03'05'21" 31.5J' $6.54' 25. 00' SCALE- ~'=~00' L = £8. 30' CORPORA TE DRIVE ~_ WES T L/NE OF . ....'. '.....'.-...'. '.: i..i..".i ii $$$'32'20"E PARCEL 3C .... · A = 8~ . so. ~=2o. oo' '-'.'" '."' '"'-'".'i.'.' L=51.10' P.O.B. $. ~ CORNER PARCEL 5B )~' PARCEL 5D PARCEL 3C ~ PARCEL ,3B A = 108 '32 '55" ,~o , /,v L=37.89' ~= 71 '27'25" 00' L=24.94' /70 ~ ~ Aw~o~ k~O~IAT~. I~. J0~ ~ ~ 09-27C ~2001 A~ROM ~ ASSOClA~S. INC. A~ RI~ RESER~D. REVISED: 01/31/01 EXHIBIT "C" ~,,. -- . i 'J ',, ' ....... i ,,.,], F 'l~ , '111' .. JllJlJll !' ~ ~ / " .~1' > ~ t ~ L~ COMMERCIAL EXHIBIT "D" Conditions of Approval Pro' ect name: Boynton Commerce Center Lot 3B Pll~ numoer: ,~t~x~,~ vo-vw DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. The proposed replacement easement to the 65-foot wide ingress / egress X easement shall be replaced with a 50-foot utility easement. PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Con.nents: None X POLICE Comments: None X ENGINEERING DIVISION Cmmnents: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Co,iffnents: None X Conditions of Approval - 2 DEPARTMENTS [INCLUDE REJECT PRIVATE UTILITIES Comments: 2. Adelphia: None X 3. Florida Power & Light: None X 4. Florida Public Utilities Company: None X 5. Bellsouth: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP~PROJECTS\Boynton Commerce Ctr~ Boynton Commerce Ctr Lot 3B~,BAN 03-005\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center Lot 3B ABAN 03-005 APPLICANT'S AGENT: Winston Lee -Winston Lee & Associates, Inc. APPLICANT'S ADDRESS: 1532 Old Okeechobee Road #106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of an existing Ingress/Egress Easement. LOCATION OF PROPERTY: Boynton Commerce Center PID between Woolbright Road & Gold Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Boynton Commerce Ctr\Boynton Commerce Cfr, Lot 3BXABAN 03-005\DO.doc VI'II.-PUBLI'C HEARZNG TTEM F. CITY OF BOYNTON BEAC._ AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates ~n to Ci~ Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3. 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the August 5, 2003 City Commission Agenda under Public Hearing. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-175. EXPLANATION: PROJECT: Boynton Commerce Center (ABAN 03-007) AGENT: Winston Lee, Winston Lee & Associates, Inc. OWNER: Nayrot Realty, Inc. LOCATION: Southwest comer of 1-95 and Woolbright Road DESCRIPTION: Request for an abandonment of a Florida Power and Light easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~/ N/A Develi:~me~t D/[partment Director City Manager's Signature Planning and Zoning D~&t'6'~ City Attorney / Finance / Human Resources S:~PlanningXSHAREDXWP~,PROJECTS~Boynton Commerce Cu'~Boymon Commerce Ctr, Lot 3BLad~AN 03-007',Agenda Item Request Boynton Commerce Ctr ABAN 03-007 8-5-03.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-174 i'O: Chairman and Members Planning and Development Board THRU: Michael W. Rumpf~'~L~-~'''' Planning and Zoning Director FROM: PlannerMaxime Ducoste-Am~d~e~.~ DATE: July 15, 2003 SUBJECT: BOYNTON COMMERCE CENTER Lot 3B (ABAN 03-007) Abandonment of a Florida Power and Light easement that runs through the north 1/2 of Section 32, Township 45 South, Range 43 West, lying West of the Seaboard Airline Railroad right-of-way and East of the Lake Worth Drainage District Canal E-4. NATURE OF REQUEST The agent for Boynton Commerce Center Lot 3B, Winston Lee of Winston Lee and Associates, Inc., is requesting to abandon a Florida Power and Light easement that runs through the north Y2 of Section 32, Township 45 South, Range 43 West, lying West of the Seaboard Airline Railroad right-of-way and East of the Lake Worth Drainage District Canal E-4. This request was submitted on May 5, 2003. It is described as follows: The north 1/2 of Section 32, Township 45 South, Range 43 West, lying West of the Seaboard Airline Railroad right-of-way and East of the Lake Worth Drainage District E-4 Canal SUBJECT to restrictions, reservations and easements of record, Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the easement to be abandoned. The attached Exhibit "B"- shows the location of the proposed abandonment on the subject property and includes a detailed location of the easement to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North Developed retail commercial use (Lowe's) zoned C-3 and farther north is right-of-way for Woolbright Road and developed commercial properties zoned C-3; South Parcel 3-C of Boynton Commerce Center, PID, industrial uses, zoned PID; East Right-of-way for S.A.L. Railway and father east is right-of-way for Interstate 95; and West Right-of-way for Corporate Drive then Parcel 3-H of Boynton Commerce Center, PID, used for parking and zoned PID, and farther west is right-of-way for L.W.D.D. E-4 Canal. BACKGROUND On June 2, 1998, the City approved the master plan for the Boynton Commerce Center Planned Industrial Distri (P.I.D.). A Florida Power and Light easement, which runs through the Boynton Commerce Center from Woolbrigh~ Road to Golf Road. This easement, which has no width, was intended to support an overhead FP&L transmission line. FP&L has indicated this easement affects no existing FP&L facilities. The applicant has the intention of Page 2 Memorandum No. PZ 03-174 ABAN 03-007 -' ,~acating the easement to facilitate the development of the last remaining lot in this PID (see Exhibit "C"- Boynton Commerce Center Lot 3B Site Plan). Staff understands that this transmission line has been re-routed parallel to the LWDD E-4 Canal right-of-way along the west side of the Boynton Beach Commerce Center. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection Public Works/Utilities No objection Planning and Zoning No objection PUBLIC UTILITY COMPANIES Florida Power and Light - No objection Bell South - No objection Florida Public Utilities Company No objection Cable Company (Adelphia) No objection Cable Company (Comcast) N/A RECOMMENDATION Staff recommends that this request to abandon the existing Florida Power and Light easement as described above, be approved, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Planning and Development Board and the Commission will be placed in Exhibit "D" - Conditions of Approval. xc: Central File S:\ Planning\SHARED\WI:~PROJECTS\Boynton Corrcne~ce Ct~ Boynton Commerce C1r Lot 3B'C, BAN 03-O07'~taff reoort.doc Location Map BOYNTON BEACH COMMERCE CENTER EXHIBIT "A" LOT 3 B - POD 3 1 ' ""'?, % ilii!' ~ ~ ~ ,, .... ), ~ ---- -R1AA ~ R3 il : i, ,X~/~ T~B" ~ ~'~-' ~-~ ~-~ i! ~'~ ~: ', i / [ i PARCEL 3B ~ARCEL 5C : : ; '~' .... ~ PARCEL ,, INCLU, / EXHIBIT "C" Iff""" t~I ~11 i II!~-~,' ~ ~ ' ~.! I!~!~' I ' > t ~ ~ I i::' tl L~ COMMERCIAL , , EXHIBIT "D" Conditions of Approval Project name: Boynton Commerce Center Lot 3B File number: ABAN 03-007 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic 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 Commcn~s: None X FORESTER/ENVIRONMENTALIST Commcn~s: None X PLANNING AND ZONING Comments: None X Conditions of Approval .- 2 DEPARTMENTS INCLUDE REJECT PRIVATE UTILITIES Comments: 1. Adelphia: None. X 2. Florida Power & Light: None. X 3. Florida Public Utilities Company: None. X 4. Bellsouth: None. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP~PROJECTS\Boynton Commerce Ctr~ Boynton Commerce Ctr Lot 3B~ABAN 03-O07~COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME :~oynton Commerce Center Lot 3B ABAN 03-007 APPLICANT'S AGENT: Winston Lee - Winston Lee & Associates, Inc. APPLICANT'S ADDRESS: 1532 Old Okeechobee Road #106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of a Florida Power & Light Easement. LOCATION OF PROPERTY: Boynton Commerce Center PID between Woolbright Road & Golf Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby .. GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~Plannmg\SHARED\WP~PROJECTS\BoynIon Commerce Ctr~Boynton Commerce Ctr, Lot 3B~ABAN 03-O07~DO.doc VTI'I'.-PUBL1'C HEAR1'NG ZTEM G. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the August 5, 2003 City Commission Agenda under Public Hearing. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-175. EXPLANATION: PROJECT: Boynton Commerce Center (ABAN 03-008) AGENT: Winston Lee, Winston Lee & Associates, Inc. OWNER: Nayrot Realty, Inc. LOCATION: Southwest comer of 1-95 and Woolbright Road DESCRIPTION: Request for an abandonment of a portion of a utility (water) easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: . · N/A Developi'i~ent'Dep~artm~nt D-ire"ei~ City Manager's ~ignamre Planning and Zoning J~ir~'ctor City Attorney / Finance / Human Resources S:XPlanningLSHARED\WPLPROJECTS\Boynton Commerce CtrXBoynton Commerce CrT, Lot 3BXABAN 03-008XAgenda Item Request Boynton Commerce Ctr ABAN 03-008 8-5-03.dot S:LBULLETINWORMS'xAGENDA ITEM REQUEST FORMDOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-175 TO: Chairman and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Maxime Ducoste-Am~d(~e Planner DATE: July 15, 2003 SUBJECT: BOYNTON COMMERCE CENTER Lot 3B (ABAN 03-008). Abandonment of a portion of a Utility (water) Easement. A portion of Parcel 3B, BOYNTON COMMERCE CENTER. NATURE OF REQUEST The agent for Boynton Commerce Center Lot 3B, Winston Lee of Winston Lee and Associates, Inc., is requesting to abandon a portion of a Utility easement, which lies on a portion of Parcel 3B in the Boynton Commerce Center PID. This request was submitted on May 5, 2003. It is described as follows: A portion of Parcel 3B, BOYNTON COMMERCE CENTER according to the Plat thereof, as recorded in Plat Book 46, Pages 126 and 127, in the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the easement to be abandoned. The attached Exhibit "B"- shows the location of the proposed abandonment on the subject property and includes a detailed location of the easement to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North Developed retail commercial use (Lowe's) zoned C-3 and farther north is right-of-way for Woolbright Road and developed commercial properties zoned C-3; South Parcel 3-C of Boynton Commerce Center, PID, industrial uses, zoned PID; East - Right-of-way for S.A.L. Railway and father east is right-of-way for Interstate 95; and West Right-of-way for Corporate Drive then is Parcel 3-H of Boynton Commerce Center, PID, used for parking and zoned PID, and then farther west is right-of-way for L.W.D.D. E-4 Canal. BACKGROUND On June 2, 1998, the City approved the master plan for the Boynton Commerce Center Planned Industrial Distrir (P.I.D.). An existing utility easement is located on Lot 3B. This easement supports a monitoring well for the supp. well field located around the perimeter of the Boynton Commerce Center PID. There currently exist a fire hydrant located within this easement. The applicant has the intention of vacating the easement relocating the fire hydrant as part of the concurrent site plan (see Exhibit "C"- Boynton Commerce Center Lot 3B Site Plan). The relocation will Page 2 Memorandum No. PZ 03-175 ABAN 03-008 '~ include the water lines to be dedicated to the City. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection Public Works/Utilities Approval with conditions (See Exhibit "D") Planning and Zoning - Approval with conditions (See Exhibit "D") PUBLIC UTILITY COMPANIES Florida Power and Light - No objection Bell South No objection Florida Public Utilities Company No objection Cable Company (Adelphia) No objection Cable Company (Comcast) N/A RECOMMENDATION Staff recommends that this request to abandon the existing utility (water) easement as described above, be approved, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Planning and Development Board and the Commission will be placed in Exhibit "D" - Conditions of Approval. xc: Central File S:\ PIanmng~HARED\WP'J3ROJECTS'~BoYnton Comme~$ Ctr~ Boymon Comtnerce Ctr Lot 38'¢,BAN 03-O08~staff re~ort.doc Location Map BOYNTON BEACH COMMERCE CENTER EXHIBIT "A" LOT 3 B SKETCH & DESCRIPTION ' WATER EASEMENT EXHIBIT "B" ~O','N~'ON COMM~'~CE cEN~-~ P~.A~' BOOK ~.6, ~'C. ~26 ~ ~2~ SCALE: ~ "=20' CORPORA TE DRIVE PARCEL JH A --fO -t',~:,'?l" P.O.C. ., -- - $. W. CORNER ~ /~--~2~. O0 ¢A~CEL Se N02%7 '52"E 56.5~' ,~ L =28. L/4/S WEZ 7 L/NE OF ~/ PARCEL 3C / ' PARCEL 3C N88 '32 '20 'W 12.00' PARCEL ' 8 00' AVIROM &:ASSOCIATES. INC. JOB # 4-109-50 SURVEYING &: MAPPING DATE: 05/22/01 ~O ~.W. 2NO AVENUE, ~UIT~= 102 BOCA RATON. FLORIDA ae4a2 ~ (eel) 382-2~e4, FAX (~61) 384-7125 SHEET 2 0F_2 . ~2001 A~ROM ~ ASSUAge. INC. A~ Rl~ RE~R~. EXHIBIT "C" LEVITT COMMERCIAL EXHIBIT "D" Conditions of Approval Project name: Boynton Commerce Center Lot 3B File number: ABAN 03-008 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. This division approves this application, subject to the proviso that the X Utilities Department concurs. The applicant should contact the Utilities Department re~ardin~ the supply well field and obtain approval. PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Commcms: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Commcn~s: None X PLANNING AND ZONING Conditions of Approval ~ 2 DEPARTMENTS ~NCLUDE REJECT Comments: 2. This approval is contingent upon obtaining approval of this abandonment X request from the Utilities Department. PRIVATE UTILITIES Comments: 4. Adelphia: None. X 5. Florida Power & Light: None. X 6. Florida Public Utilities Company: None. X 7. Bellsouth: None. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Plannmg\SHARED\W~PROJECTS"~BoyntOn Commerce Cth Boy'nton Commerce Gtc Lot 3B~BAN 034308\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: [~oynton Commerce Center Lot 3B ABAN 03-008 APPLICANT'S AGENT: Winston Lee - Winston Lee & Associates, Inc. APPLICANT'S ADDRESS: 1532 Old Okeechobee Rd #106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a Utility (water) Easement. LOCATION OF PROPERTY: Boynton Commerce Center PID between Woolbright Road & Golf Road. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby .... GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J:XSHRDATAXPlanning\SHARED\WP\FORMS~Blanks forms folderq~)evelop. Ordcr Form-2001-Revised.doc VIII.-PUBLIC HEARING ITEM H. CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned _Meet~ in to Ci Clerk's Office Meetin D_n_n~ in to Ci Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the August 5, 2003 City Commission Agenda under Public Hearing. The applicant has requested postponement from the Planning and Development Board meeting of July 22, 2003 and to be reinstated at the next Planning and Development Board meeting on August 26, 2003. EXPLANATION: Boynton Commerce Center (AllAN 03-009) PROJECT: Winston Lee, Winston Lee & Associates, Inc. AGENT: Nayrot Realty, Inc. OWNER: LOCATION: Southwest comer of 1-95 and Woolbright Road DESCRIPTION: Request for an abandonment of a portion of an existing ingress/egress and utility easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES~ Manager's Signature Planning and Zoning Director City Attorney / Finance / Human Resources S:kPlanning~SHARED\WP,,PROJECTSkBoynton Commerce CtrkBoynton Commerce Ctr, Lot 3BkABAN 03-009kAgenda Item Request Boynton Commerce Ctr ABAN 03-009 8-5-03.dot S:kBULLETINM:ORMSkAGENDA ITEM REQUEST FORM.DOC REPORT CITY OF BOYNTON BEAC fret4 A AGENDA ITEM REQUEST FORM Rccluestcct Cip/Comm~sston Date Final Form Must be Fumed Requested City, Comm~ssloi', Da~c Final Form Must be Turned Meetm~ Dates in t9 (~it~ Clerl;'s Office Mcc,,m* Dates m to (;'ity C1¢rk'~ Office [-']. April 1. 2003 March iT. 2003 (Noon.) June 3. 2003 May 19. 2003 tNoon) [] a, pnt tS. 2003 March 31. 2003 (Noon) June 17. 2003 June 2. 2003 (Noon} [] May 6. 2003 April 14. 2003 (Noon) [] July I. 2003 June 16. 2003 ~ May 20. 2003 May 5. 2003 (Noon) 'uly tS. 2003 June 30. 2003 (Noon [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Repor~ [] Presentation [] Consent Agenda [] Public Heanng -~' <'-~ [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Discussion of Manna Development Agreement per developer's request for dissolution Second Revised Development Agreement. c EXPLANATION: The developer of the Manna project has requested that the City Comrmssion consider resctndinc'the Marina development agreement. The agreement is the "Third Revised Development Agreement" which provided a nme ' extension to the "Second Revised Development Agreement," dated June 6, 2000. I am attaching the Second Revised Agreement as (Extubit A) since it contains the substance of the agreement between the developer and the City. The request for release of the Agreement ts contained in a letter from legal counsel for the developer dated April 9, 2003. (Extubtt B~ In addition, the City has received a letter from legal counsel for Two George's Restaurant opposmg the release of the DeveLopment Agreement at this time. (Exhibit C) The original development agreement, as amended called for 207 public parlang spaces. Of these, 59 spaces were to be provided on Casa Loma, leaving 148 unrestricted parking spaces e[sewhere on the Manna development property. Per the 1999 Amended Mediation Agreement, Two George's Restaurant was to provide off-site permanent parking for employees and to meet the parking reqmrement for the additional floor area of the restaurant provided La 2002. (Exhibit D.) Per the latest site plan approved by the CRA/City Comrmssion. the following parking ts provided on the s~te plan: Regular on grade surface parking: 15 Spaces Handicapped on grade surface: 4 Spaces Regular Parking Spaces in Deck 725 Spaces (includes parking for condos and commercial uses) Handicapped Parking in Deck 1 $ Spaces Townhouse Parking 22 Spaces (not approved yet) - 781 Spaces In addition, there are 24 on grade surface parking spaces plus 2 on grade handicapped spaces on the south side of Manna Drive/Casa Loma. These are "public access" spaces. PROGRAM IMPACT: None direct. However, there is a perceived lack of public access to the site because unresmcted public parking is not part of the approved site plan, to date. S 'BULLETFN\FOR. MS'~.GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Not known at this time but it should be noted that release of the ,Agreement will extinguish the City's security, interest in the property, which was created to secure the value of the incentives the CiD pro,,ided to the developers. ALTERNATIVES: 1. Dissolve the Development Agreement per the request of the Marina Developer. 2. Refer the issue of parking matters and propertT owner association matters to staff for further mediation bet~een the Cits. CRA. developer and business interests. The staff has conducted one meeting of the participants on Ma.v 13~h. C~t,, Manaoer s St~,nature Department Head's Signature Department Name City Attomey ,' Finance ~ Human Resources S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC ,,~ECOND REVISED DEVELOPMENT AGREEMENT THIS AGF~__'EMENT entered into as of the 6~ day of June, 2000, between the CITY OF BOYNTON BEACH, FLORIDA (hereinafter "CITY") and OCEAN BREEZE FESTIVAL F~ARK, INC., a Virginia corporation, (hereinafter "DEVELOPER"). WHEREAS, DEVELOPER owns 6.93 acres of property, more particularly describec~ by the legal description attached hereto as Exhibit "A", located in the City's Community Redevelopment Area and the Central Business District, which Developer desires to develop as a unified mixed use project (hereinafter "PROJECT"); and WHEREAS, the DEVELOPER has heretofore entered into a Development Agreement, dated J dy 1, 1997; and WHEREAS, the July 1, 1997, Development Agreemer~t was ~mended by a First Amendment to Development Agreement, dated October 5, 1998, and a Revised Development Agreement was entered into dated October 13, 1999 (the "Previous Agreement"); and WHEREAS, the First Amendment to Development Agreement provided for phasing of the project; and WHEREAS, the Developer has submitte~t a conditional use site plan application consolidating Phase One and Phase Two of the projec,; and WHEREAS, one of the conditions of approval adopted by the City Commission on February 16, 1999, was the consolidation of Conditions of Approval for Phase One and Phase Two with-the-~erms and conditions of the Development Agreement and the First Amendment to the Development Agreement; and This instrument prepared by: ~.a~.es %. Cherof,_City Attorney ci=y of Boynton ~eacn 100 East Boynton Beach Blvd. Version ]0.0 Boynton Beach, FL 33435 6/6/00 WHEREAS, the Developer seeks reasonable assurance from the City and the City desires to provide reasonable assurance to the Developer that if Developer acts in accordance with this Revised Development Agreement that Developer shall receive necessary development permits and establish entitlement to incentives approved by the City; and WHEREAS, the CITY and the DEVELOPER have negotiated for a package of economic incentives in accordance with the provisions of CITY Ordinance 96-46 which authorizes economic incentives to eligible businesses located in the community redevelopment area for qualified projects; and NOW THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1. RECITALS. A. The foregoing recitals are true and correct and they are incorporated into this Agreement by this reference. B. DEVELOPER and CITY represent to each other that the foregoing recitals are material in nature and are relied upon by each other for the purposes of entering into this Agreement. C. Each party has fully investigated the facts which underlie the representations. Each party represents to the other that it will fully cooperate with the other to implement the terms and conditions of this Agreement. 2. COr..LAT~RAL DOCUMENTS. A. The following exhibits are collateral documents to this Agreement and are hereby deemed part of this Agreement: 2 Version 10.0 6/6/00 ExhibitA- Legal Description, Project (unchanged, See Exhibit A to Previous Agreement). Exhibit B- Conditional Use Site Plan - dated 12.07.98 with revisions through Revision 6, dated 8/10/00. Exhibit C- Legal and Equitable Owners (unchanged, See Exhibit C to Previous Agreement). Exhibit D- Public Facilities (unchanged, See Exhibit D to Previous Agreement). Exhibit E- Reservations and Dedications (unchanged, See Exhibit E to Previous Agreement). Exhibit F - Intentionally left blank. Exhibit G - Intentionailyleft blank. Exhibit H- Conditions of Approval (unchanged, See Exhibit H to Previous Agreement). Exhibit I - Intentionally left blank. Exhibit J - Intentionally left blank. Exhibit K - Intentionally left blank. Exhibit L- Casa Loma Ovedook Construction and Use Detail (unchanged, See Exhibit L to Previous Agreement). B. In the event of any conflict between the terms and conditions of this Agreement and ~ny--~'the collateral documents, the terms and conditions as set forth in this Agreement shall control and the collateral document will be conformed to this Agreement to eliminate such conflict. 3 Version 10.0 6/6/00 3. INTEN_T. A. It is:. the intent of the DEVELOPER and the CiTY that this Revised Development Agreement sets forth all the terms and conditions under which the CITY has approved or agrees to approve the PROJECT as a single unified development and granting incentives sought by DEVELOPER and offered by the CITY. B. The parties agree that this Agreement is not a developer's agreement entered into pursuant to Section 163.3220-163.3243, Florida Statutes. C. This Second Revised Development Agreement supercedes and replaces the Development Agreement, which was recorded in ORB 10899, pages 1772 - 1828 of the Public Records of Palm Beach County, Florida, the First Amendment to the Development Agreement which was recorded in ORB 10899, pages 1829 - 1847 of the Public Records of Palm Beach County, Florida, and the Revised Development Agreement, which was recorded in ORB 11449, pages 152-209. 4. COVENANTS RUNNING WITH THE PROPERTY. It is the intent of the parties that the DEVELOPER'S obligations as set forth in this Agreement shall be deemed to be covenants running with the land. 5. LEGAL DESCRIPTION OF PROPERTY. The legal description of the property is as set forth on Exhibit "A". 6. LEGAL AND EQUITABLE OWNERS. DEVELOPER represents that legal title and/or equitable title of the property is currently vested in those individuals, companies, partnerships, limited ~::~rtnerships, or other entities as set forth on Exhibit "C". 7. EFFECTIVE DATE. This Agreement shall take effect as of June 6, 2000. 8. DURATION. The duration of this Agreement shall run until the earlier of: 4 Version 10.0 6/6/00 (a) -.completion of all of the improvements depicted on the Site Plan; or (b) -~ DEVELOPER giving written notice to the CITY of abandonment of the SITE PLAN. It is acknowledged that minor modifications of the SITE PLAN or expansions of the PROJECT, approved by the CITY, shall not be deemed an abandonment. 9. DEVELOPMENT USES. A. The following uses have been approved by the City Commission: 1. 29,302 square feet of two-story office/retail floor area. 2. Two public restaurants with a combined area of 12,830 square feet. 3. Fuel sales. 4 38 Marina slips, 2 of which shall be designated for the exclusive use of the City of Boynton Beach for Police/Marine Patrol purposes. 5. A multi-unit residential apartment building of 8 stories or less, not to exceed 100 feet in height and no more than 229 residential units. 6. A parking garage. 7. DEVELOPER shall provide a minimum of 505 parking spaces, 207~ of which must be open and unreserved for public use (Of these 207 spaces, 59 are on Casa Loma Boulevard and N.E. 6tn Street. The City is granting to the Developer the use of these 59 public spaces as credit toward his obligation of 207). Nothing herein shall prohibit the City from metering or providing time restrictions on those parking spaces -- te~ated on City right-of-way, or from entering into an Agreement with At the August 3, 1999 City Commission meeting, pursuant to LDR. Chapter. 2 Zoning, D.4.d.(2) the City Commission reduced the required public parking spaces to 207. 5 Version 10.0 6/6/O0 DEVELOPER to meter or restrict those public use spaces located on DEVELOPERS' property. B. It is agreed that the issuance of development orders for the site work and permits for construction of the buildings and structures depicted on the SITE PLAN are subject to certain conditions as set forth in this Agreement. DEVELOPER shall complete all Phase I construction improvements depicted on the SITE PLAN (meaning all "backbone infrastructure" as defined in Section 13D of this Agreement, the Marina Improvements, the retail shells, and restaurant #1 shell) on or before January 1, 2002. If DEVELOPER completes the Phase I improvements prior to January 1, 2002, the CITY'S lien (or other means of security) of $770,328.00 shall be reduced to $192,582.00, which shall be held until all improvements depicted on the site plan are completed, less and except certificates of occupancy for the interior of the buildings. Failure to complete the entire Project on or before January 1, 2003, shall result in forfeiture of the incentives granted by the City. If the Developer fails to reimburse the City for incentives within ninety (90) days of notice of default, the City may foreclose the lien or declare default and call the bond or letter of credit, referred to in paragraph 17 N. hereof. C. Prior to and as a condition of issuance of final release of the City's incentives lien (or other security), DEVELOPER shall file with the CITY a revised SITE PLAN, depicting all improvements to the PROPERTY, as built. D. Notwithstanding anything to the contrary contained in this Agreement and only when all code re~fuirements are met: (i) Developer shall be issued Certificates of Occupancy for the docks and fuel pumps upon completion of those improvements provided that the utilities to 6 Version 10.0 6/6/00 service, the docks and pumps has been completed and approved and fire/¢escue vehicles have access to the dock/fuel pump area, (ii) Developer shall be issued Certificates of Occupancy in the residential structure on a floor by floor basis when those floors have passed all inspections and provided all backbone infrastructure, and the parking garage are complete, and (iii) Separate Certificates of Occupancy shall be issued upon completion of each individual restaurant and retail space, provided the restaurant or space has passed all inspections and all backbone infrastructure is complete. 10. PUBLIC FACILITIES. A description of the public facilities which will service the PROJECT are as set forth on Exhibit "D". Exhibit "D" is not intended to limit or exclude customary municipal services or facilities that the CITY currently provides to projects of this nature. 11. RESERVATIONS AND DEDICATIONS. The DEVELOPER shall grant or convey to the CITY a portion of the property for public purposes. A schedule of reservations and dedications is attached hereto as Exhibit "E". The granting or conveyance of the reservations and dedications referenced herein shall not necessitate the replatting of the property. 12. CASA LOMA BOULEVARD. A. The CITY agrees to abandon Casa Loma Boulevard as a public right of way, and the document reff~Cting the abandonment shall be held in escrow pending the payment to the DEVELOPER referenced in Paragraph 12E below. The DEVELOPER shall grant to the public the non-exclusive right of ingress and egress over that portion of Casa Loma Version 10.0 6/6/00 Boulevard which it shall own subject to the right to have restaurant tables as shown on Exhibit L. B. The DEVELOPER shall complete those improvements to Casa Loma Boulevard as depicted on the SITE PLAN by May 7, 2001. In addition to the improvements shown on the Site Plan, DEVELOPER shall construct a sea wall along the eastern terminus of the Casa Loma Boulevard right-of-way. All improvements shall thereafter be maintained by DEVELOPER or by a merchants' or property owners' association formed by DEVELOPER for the purpose of insuring continued maintenance of the improvements, or by a Cross-Easement Agreement with the property owner to the South. DEVELOPER'S obligation to maintain the improvements shall survive the duration of this AGREEMENT. C. Failure to maintain the dumpster improvements depicted on the Site Plan shall result in revocation of the occupational license of any business dependent on the dumpsters for waste disposal. No occupational license shall be revoked without the City first providing the owner and occupant of the business with ninety (90) days written notice of deficiency and opportunity to cure. D. In exchange for the improvements to Casa Loma Boulevard, the DEVELOPER shall be entitled to a credit for all parking spaces constructed in the Casa Loma and Orange Avenue rights of way to parking spaces required for the PROJECT by the CITY'S Land Development Regulations. E. DEVELOPER shall improve the eastern most portion of Casa Loma Boulevard as depicte¢_- -0n the SITE PLAN and the Casa Loma Overlook Construction and Use Detail. The Overlook is that portion of Casa Loma east of the cul-de-sac. Within thirty (30) days of DEVELOPER'S engineer certifying to the CITY the design and construction 8 Version lO.O 6/6/00 costs of the Casa Loma Overlook improvements, the CITY shall bill the property owner whose property a.l~uts the southern one-half of Casa Loma Boulevard east of the cul de sac .:- for an amount equal to fifty (50%) percent of the cost of construction of the above-ground improvements depicted on the Casa Loma Overlook Construction and Use Detail, including pavers, landscaping and lighting, plus such owner shall pay $9,129.00 towards the seawall, within thirty (30) days of receipt of a certified engineering estimate, and such amounts shall be paid to DEVELOPER by CITY upon completion of such improvements. This bill must be 'paid by such owner to DEVELOPER prior to the CITY attorney's release from escrow of the document abandoning Casa Loma Boulevard. The purpose of this procedure is to ensure that DEVELOPER receives reimbursement for expenditures made to improve the Casa Loma Overlook portion of the project, and both DEVELOPER and such property owner must instruct the CITY attorney to release such document. 13. LOCAL DEVELOPMENT PERMITS. A. Construction of the PROJECT is contingent upon the DEVELOPER applying for and obtaining all development and/or construction permits required by the CITY or any other regulatory agency. B. The CITY agrees to process, without unnecessary delay, its permits and applications and cooperate in good faith with DEVELOPER'S efforts to get permits, licenses, and agreements from other regulatory agencies and utility companies. C. The failure of this Agreement to specifically address a particular permit, condition, terms-or ~-estriction shall not relieve the DEVELOPER of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction, unless such necessity is negated by waiver by the CITY. 9 Version l 0.0 6/6/00 D. A revi_sed Site Plan was approved by the City Commission as part of conditional use a~proval consolidating both Phase One and Phase Two. The project is one unified development project. The structures depicted on the Site Plan may be constructed in phases, provided that all infrastructure improvements necessary for the entire project must be completed before the first Certificate of Occupancy is issued, regardless of bonding or other surety except for the docks and fuel pumps which are dealt with in paragraph 9.D.(I). For this purpose, infrastructure shall be limited to potable water, sanitary sewer, drainage, and a second paved access road which is the extension of Boynton Beach Boulevard, the failure to provide shall not hold up any permits or certificates of occupancy pursuant to Paragraph 17. G. 6. 14. COMPREHENSIVE PLAN. The parties agree that the proposed PROJECT is consistent with the CITY's Comprehensive Plan and that no Comprehensive Plan amendment is necessary to effectuate this Agreement. 15. CONTROLLING REGULATIONS. The site development work and construction of buildings and improvements of the PROJECT shall be in accordance with the CITY's Land Development Regulations and applicable building codes. Nothing herein shall be construed as a waiver by the CITY and in favor of the DEVELOPER with respect to any of the conditions set forth in the building codes or relating to the method of construction. 16. CONDITIONS OF DEVELOPMENT. A. The c0~ditions of approval set forth in Exhibit "H" are conditions to the issuance of site preparation and building permits for DEVELOPER'S PROJECT and are necessary for the public health, safety, and welfare of the citizens of the CITY. 10 Version ! 0.0 6/6/00 The parties acknowledge that a number of the conditions set forth on Exhibit "H" require ad_d_~tions, deletions or modifications to the SITE PLAN. B. Nothing herein shall mandate the passage of such ordinance nor require that any Commissioner be required to vote in favor of such ordinance if he or she determines that such ordinance is not in the best interest of the CITY. C. No waiver of a condition shall be effective until the condition is complied with, waived, or eliminated by Code amendment. Application for the waiver of a condition may be made by DEVELOPER or by the CITY's Administrative staff. The City administrative staff shall maintain a list of conditions, kept current, and notated such that it can be determined whether the condition has been complied with, waived, or eliminated by Code amendment. 17. ECONOMIC INCENTIVES. A. The parties agree that DEVELOPER is an "eligible business" as that term is defined in CITY Ordinance 96-46. B. This Agreement, when signed by DEVELOPER shall constitute an application by the DEVELOPER for the granting of economic incentives in the manner prescribed by Ordinance 96-46. C. The CITY Manager has reviewed the application and has determined that the economic development incentives hereinafter set forth are necessary and appropriate. D. The CITY will appropriate or designate sufficient funds for the CITY to pay the cost of such'incentives. E. Approval of this Agreement shall constitute approval by the CITY Commission of the DEVELOPER'S application for economic incentives. Version 10.0 6/6/00 F. The incentives listed below shall be deemed vested with the DEVELOPER, subject only to forTeiture in the event of a default by the DEVELOPER as set forth in this Agreement. G. The following listed incentives are granted by the City. All work preceded by the symbol (*) is work that shall be performed by or under the direction of the City. All additional work not so noted, shall be performed by or under the direction of the Developer. The parties shall coordinate all work listed herein. The parties shall hold a scheduling conference within 90 days of the date of this agreement and thereafter as necessary to facilitate the work. 1. SEWER AND WATER IMPACT FEES AND CONNECTION EXPENSES MAXIMUM VALUE Retail Commercial $13,812 Restaurant $53,781 Marine $27,438 Meters, Deposits and Connection Fees $7,175 Sub-total $102,206 2. OFF-SITE WATER AND SEWER '8 inch water main in Casa Loma $16,148 *Wet taps for connection to existing $6,900 *Water service to property line $8,625 *8inch ~-avity sewer in casa Loma Blvd. $43,125 'Service connections to property line $34,500 *Manholes $11,500 12 Version 10.0 6/6/00 - Sub-total $120,798 3. ON-S'tTE WATER AND SEWER 10-inch water main $13,800 Fire Hydrants $'10,350 8-inch water main $3,5'19 8-inch water main $'13,350 *24-inch gravity sewer $139,'150 *Manholes $23,000 *Abandon existing sewer in place $5,000 Sub-total $208,169 4. BUILDING FEES $240,000 The CITY shall fund on behalf of DEVELOPER the payment of building permit fees, including impact fees, to the City, the County, and the State, up to a maximum of $240,000.00, for the construction of improvements depicted on the SITE PLAN and within the boundaries of he legal description set forth on Exhibit "A" to this Agreement. 5. INTERIM SERVICE FEE.' $19,655 The CITY shall fund the payment of CITY interim service fees up to a maximum of $19,655.00 otherwise applicable to the PROJECT. *At the time of this Agreement, the City has temporari/y suspended co/lecti&-r~ of Interim Service Fees. 6. BOYNTON BEACH BOULEVARD EXTENSIONS. $75,000 13 Version 10.0 6/6/00 It is. the intent of the parties to work jointly to extend Boynton Beach Boulevard eastwa~'d from its current point of terminus to the point that it intersects the western most boundary of DEVELOPER'S property. The project to extend Boynton Beach Boulevard has three components: A. Acquisition of the necessary right-of-way, B. Approval of the extension by the Florida Department of Transportation; and C. Construction of the extension. The CITY'S obligations are as follows: 1. To obtain the approval of the Florida Department of Transportation for the extension, 2. To acquire the right-of-way for the Boynton Beach Extension to the west end of DEVELOPERS property. The City shall have eighteen (18) months from the date of the Agreement to obtain title. The CITY shall use, if necessary, its power of eminent domain. The CITY'S monetary obligation to acquire the right-of-way shall not exceed $75,000.00. The DEVELOPER'S obligations are as follows: 1. To convey to the CITY its interest in property within the right-of-way, - 2-_.L-- To contribute up to $10,000 to the cost of acquisition of the right-of-way; 14 Version 10.0 6/6/00 .3. To construct, at its cost, the right-of-way as shown on the ~ approved site plan. In the event the monetary obligations set forth above are insufficient to fund the acquisition of the right-of-way, the CITY and the DEVELOPER shall have the option, but not the obligation, to fund any shortfall. In the event the CITY or the DEVELOPER does not fund a shortfall, or if the right-of-way cannot otherwise be obtained, such refusal or failure shall not impede the issuance of any permits, CO's or other governmental approvals required by the CITY for the project, and the condition of approval requiring access to the Project from the Boynton Beach Boulevard Extension or a second access shall be deemed withdrawn. 7. ADMINISTRATIVE FEES. $4,~i00 The CITY shall fund payment of application fees for administrative review for the PROJECT up to a maximum of $4,500.00. TOTAL: ??0,328 H. Incentives in the form of fees and connection expenses shall be paid by the CITY directly to the permitting authority, when due. I. Incentives in the form of reimbursement to the DEVELOPER shall be paid to DEVELOPER when DEVELOPER submits a draw request to CITY Manager indicating that the DEVELOPER has expended fund to complete the improvement which is the subject of the incentive. .- - J. The dollar amount indicated for each incentive constructed by the CITY or directly funded by the CITY is "the not to exceed values" fixed by the CITY as the 15 Version tO.O 6/6/00 maximum expen.dit~.re approved by the CITY. These incentives shall be paid or credited at actual cost. Incentives in the nature of reimbursement to the DEVELOPER for work performed by the DEVELOPER, as notated above are true values and shall be paid by the CITY without the value being certified or audited. K. The CITY represents and warrants that no further approvals or consents are required and that subject to the conditions of this Agreement the obligation of the CITY to provide the economic incentives is valid and may be relied upon by DEVELOPER. L. The economic incentives hereby approved by the CITY are conditioned upon construction of the PROJECT in accordance with the SITE PLAN, to the extent set forth in this Agreement. M. Nothing herein shall be construed to constitute a waiver of any impact fee, in whole or in part, for purposes of municipal accounting, but to the extent that impact fees constitute incentives under this Agreement, they shall be paid by the CITY on behalf of the DEVELOPER, and not by DEVELOPER. N. DEVELOPER grants to CITY a lien on the property described on Exhibit "A" in an amount equal to the value of all incentives granted by the CITY. Said lien shall not be subordinated to any other encumbrance and shall not be released by the CITY until the entire PROJECT has been issued certificates of occupancy. The DEVELOPER may bond off the City's lien by substituting performance bond, letter of credit, or other means of surety, the form and substance subject to approval by the City Attorney and in the amount of $770,328.0&-The~-ciTY'S lien, and its right to foreclose same, shall survive beyond the duration of this Agreement. 16 Version 10.0 6/6/00 18. RECORDING. Upon execution of this revised Development Agreement the CITY will record same in the Public Records of Palm Beach County, Florida. As requested by the DEVELOPER, CITY shall provide recordable estoppel certificates as to the status of this Agreement, DEVELOPER'S rights under this Agreement, and DEVELOPER'S rights to proceed with the PROJECT. 19. DUE DILIGENCE. A. The parties hereto agree and covenant that they shall immediately, following the effective date of this Agreement, commence all reasonable actions necessary to fulfill their obligations hereunder and shall diligently pursue the same throughout the existence of this Agreement. B. In the event either party is deemed by the other not to be proceeding with due diligence, the party alleging such lack of due diligence shall give written notice and the alleged guilty party shall promptly take reasonable corrective action. C. Any time deadlines imposed upon DEVELOPER in this Agreement (including Paragraph 18) shall be subject to reasonable extensions for unexpected reasons or reasons beyond DEVELOPER'S reasonable control such as labor shortages, material shortages, casualty damage, moratorium, unexpected government delay, act of war, civil disobedience, lack of CITY services or facilities, concurrency and the like. 20. RESTRICTIVE COVENANTS. The burdens of the development shall be binding upon, and the benefits of said Agreement shall inure to, all successors in interests of the parties to this -_~reement, including heirs and assigns. 21. ENTIRE AGREEMENT. This Agreement, together with the collateral documents referenced in paragraph 2.A. hereto, sets forth all of the promises, covenants, 17 Version lO.O 6/6/00 agreements, conditions and understandings between the parties hereto, and supersedes all prior and conter~poraneous agreements, understandings, inducements or conditions, express or implied, oral or written, except as herein contained. 22. SEVERABILITY AND REMEDIES. A. The invalidity of any provision hereof shall in no way affect or invalidate the remainder of this Agreement except that if any provision which is invalid prevents the CITY from approving the PROJECT, issuing permits or Certificate of Occupancy or prevents DEVELOPER from receiving all economic incentives, DEVELOPER may elect to rescind this Agreement. B. In the event this Agreement is terminated by reason of the material failure of the DEVELOPER to timely perform the terms and conditions set forth herein, the CITY shall have the right to refuse to issue building permits or other development approvals for the property. C. Notwithstanding the foregoing each party shall be entitled to pursue all other remedies provided by law, now or hereinafter existing. 23. NOTICES. Upon further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger, certified mail, or return receipt requested, or telegram, and shall be mailed or delivered as follows: AS TO THE CITY: City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33025 With a C~py't~): James A. Cherof, City Attorney Josias, Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 18 Version 10.0 6/6/00 Fort Lauderdale, FL 33308 AS TO DEVELOPER: Ocean Breeze Festival Park, Inc. -- 1120 Laskin Road Virginia Beach, VA 23451 With a Copy to: David M. Layman, Esquire Greenberg Traurig 777 South Ftagler Drive Suite 300 East West Palm Beach, FL 33401 24. GOVERNING LAW AND VENUE. This Agreement shall be construed in accordance with the laws of the State of Florida, and any proceeding arising between the parties in any manner pertaining to this Agreement shall, to the extent permitted by law, be held in Palm Beach County, Florida. 25. BINDING EFFECT. The obligations imposed pursuant to this Agreement upon the DEVELOPER and/or upon the property shall run with and bind the property as covenants running with the property and this Agreement shall be binding upon and enforceable by and against the parties hereto, their personal representatives, heirs, successors, grantees, assigns, and a copy of this Agreement shall be recorded among the Public Records of Palm Beach County, Florida, upon execution of this Agreement. 26. ATTORNEYS' FEES. Should either party hereto bring an action against the other to enforce the terms and provisions hereof, then the party prevailing in said action shall be entitled to a judgment against the other for his reasonable attorneys' fees and costs. 27. LAWS OF FLORIDA. This Agreement shall be governed by the laws of the State of Florida and it shall become effective immediately upon execution by both parties 19 Version 10.0 6/6/00 hereto, subject to a_ny approvals which must be obtained from governmental authority, if applicable, and ~.bject to all conditions for the rendering of service as set forth in this Agreement (including the obtaining of necessary easements). 28. ASSIGNMENT. Without consent of the CITY, DEVELOPER may assign this Agreement and/or rights hereunder, including the incentives granted by the CITY. 29. PROJECT EXPANSION. Nothing herein shall prevent DEVELOPER from seeking a modification of the SITE PLAN, subject to CITY approval. 30. SITE PLAN PACKAGE. See Conditions of Approval. 31. A. Developer intends to obtain mortgage financing for the PROJECT from one or more lenders (collectively, the "Lender"). Developer shall provide written notice to the City of the name, mailing address, and designated representative of each lender. B. CITY agrees: 1. that the Developer's rights under the Agreement may be assigned to the Lender without City's consent, but with notice to the City; 2. that should Lender or other third party acquire title to the Project or portion thereof as a result of foreclosure sale or deed in lieu thereof (the "Successor Owner"), such Successor Owner shall succeed to the rights of Developer under this Agreement; 3. that City agrees to give to any Lender which has notified City in writing as-to-it§ interest in the Project, written notice of any default by Developer under this Agreement with Lender having the right to cure such default within a curative period reasonable under the circumstances then existing; and (iv) 2O Version tO.O 6/6/00 that this Agreement cannot be terminated, abandoned, modified or amended without notice to Lender's. C. Nothing herein shall limit the City's power to terminate this Agreement if there has been a default by Developer and if the lender has been given notice of said default and has failed to cure the default within the curative period referenced above. 21 Version 10.0 6/6/00 STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally Appeared Ronald We±Zand, Vice th'~Mayor of the City of Boynton Beach and ~ F/t.L.4/~.-/ , the City Clerk known to me to be the persons described ir~ andCwho executed the foregoing instrument, who acknowledged before me that they executed the same, ,)~ are personally known to me (or produced the following type identification:) and an oath was not taken. Witness my hand and official seal in the County and State last aforesaid thistle4¥~ day of ~l~_Z,~'- ,2000. NOTARY PUBLIC My Commission Expires: 22 Version 10.0 6~6/00 Witnesses: --' OCEAN BREEZE FESTIVAL PARK, INC. STATE OF ~A ) em, em ) COUNTY OF~ ) I HEREBY. CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared ~Ov.t~zo ~,~ known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that he executed the same, is personally known to me (or produced the following type identification:) and an oath was not taken. Witness my hand and official seal in the County and State last aforesaid this day of "I'~,~ ,2000. /~9, .. i~ -.. " :.:'~:'!.'. ..: .... I~OTAI:~PUBLIC ' :: ' ;'7., '.' .., -.-:. 'i." '." '":' My Commission Expire,: (~l:~'lb~ '" ..... , .... 23 Vcrsio~ 10.0 6/6/00 ~L DE;CRI~ON: PARCEL 1: LOt~ 3~ and 38 and Dewey's Subdivision, Plat Book 1, page 37 of the Public Records of Palm Beach County, Rodda, Less the right-of-way of Casa Loma Boulevard and Less the right-of-way of Orange Grove Boulevard. Together with the reversionary interest, if any, of mortgagor In the rights-of-way of Casa I. oma Boulevard and Orange Gave Boulevard. PARCEL 2: The East half of Lot 39 and the East half of Lot 42. in Dewey's Subdivision, Plat Book 1, page 37 of the Public Records of Palm Beach County, Rodda (Less the South 30 feet of said Lot 42 as shown in Deed Book 341, page 188) Together with the reversionary interest, if any, of mortgagor in the right-of- way of Ocean Avenu~ .. PARCEL 3: That plat of Section 27, Township 45 South, Range 43 East, Palm Beach County, Rorlda described as follows=. Commence at the Southeast comer of Lot 37, Oewey's Subdivision, according to the plat thereof recorded In Plat Book [ at page 37 of the Public Records of Palm Beach County, Rodcla; thence N 7' 14' 10' F., along.the East line of said Lot 37 and along the West right-of-way line of the Tntracoastal Watemray, 25.20 feet to. .. a line 25.0 feet North of and parallel with the South line of said Lot 37 and the Point of Beginning; hence East, along said parallel line, 33.85 feet; thence N. 5° 47' 36" E., 142.02 feet;, thence N. 82° S. 45' 50' W., 30.0 feet to the said East line of Lot 37; thence S. 7° 14' 10' W., along said East line, 146.24 feet to the said Point of Beginning. Areas: Parcels 1 & 2 & 3 -- 301,887 sq., lc, 6.93 acres. Location: Northwest comer of Orange Avenue and Ocean Avenue ~ , ,,<~,~,~ ~:~ FULL SET OF ' :~ ~' :! h' h .c~m~ns ~u-~ ~ ~ D~WINGS ON ~ ~, ,4,~,~ ,. .,, , ........ ' '"'""'" ~ ' ' ~{, ,,, .:,.,~. c;;~ czz~ ' ; ::'~ ~ ~:~ , ~ ~'i'~. ~':~. ~ ~:"' .. . .... " .,~: ~-- ff. Hi~ ,-'i 'iii ~ i~.- .~ .. , ,,~m~ '* --' "~F; :'~ ~ ~ ,I ' ? .... ~ i~ ; · ~ ~ . =- I· ... ' '~ .', ' .,. ~.,, ~I~1~ '~'"~'~' ~,~ '~ ,F~i :';;':;~' . ,.. , iii ,,.,,,.-.,,..,,. ...... ; ~ ' ~ . .... · * ~1 : d ~ ILl ~i~ · ._ .__ .._~ ;~' ~. _ , .~ I, ...... I : :FE - -"~,, il' ' .... ' ....... ' "'=' "--':' ' - i ' "i ~ ~ .... ; . ,,, '--:. ~...-. ~:~- --~;,..~, ._.... ..... . , '" "' t'; "'":" ' . , ,, :r~~ .._~.f" :' , ~ .. ----- , .... -- ~- ~ ~ ; ,-: ,,, t ............... " i! ~ ...... ''* ~ ' f:lt ' ' '1~"~" ............................. LEGAL AND EC~uI'rABLE OWNERS OCEAN BRk'~-'/r= FEEi'IVAL PARK, INC., C/o The ESG Companies 1120 Laskin Road Virginia Beach, VA 23451-5'210 PUBIC l. The City will design and cons~ct off-site water and sewer facilities sized to accommodate Ge projected build-out capacfty of the project. 2. The City will Install traffic and parking control signs along, the Casa. l. oma right-of-way. .SCHEDULE~ OF RE~ERVA"rZONS AND DEDICATIONS 1. Easement from Ocean Breeze r-estNal Park, Inc., to the Ob/of Boynton Beach, dated 3une 14, 1~99, Addendum to Easement and Exhibit "A" (dated 3/1/99, Order #80-275 !~; 2. _ ~s. em.e. nt from Ocean Breeze Festival Park, Inc., to the City of Boynton ~_c[l._,2a_t~ .]un.e- ~4, 19~9, .Addendum to Easement and Exhibit "A" (dated 31[~1~, umer #80 275 G"~, 3. Easement from Ocean Breeze Festtval Park, [nc., to the City of Boynton Beach, dated .3une ~.4, 199g, Addendum.to Easement and Exhlbit"A' Cdated 3/1/99, Order # 80-27S 'E~ 4. Easement from Ocean Breeze Festival Park, [nc., to the Qty of Boynton Beach, dated November 4, :[999, Addendum m Easement and Exhibit"A" Cdated 11/3/99, Order #80-275 ']:') *Reservations and Dedications to be recorded separately. ~ INT~ONALLY BI~ANK EXHIBIT "H" ;.~ Conditions of A.D.Droval oject name: Boynton Madna · lie number:. COUS 98-008 Reference: The Dtens consist of 8 sheets identified as 4th Review. New Site Plan. File # COU~ 98-008 with a February .2. 1999 Plannina and Zonh .u Dec~artment date stamp mar,,;, ,,.,. DEPARTMENTS INCLUDE I REJECT PUBLIC WORKS Comments: 1. The dumpstar (or vertical compactnr) enclosures should be a minimum 10 feet by 10 feet Internal dimensions. The gates for the containers should be mounted on the outside of the enclosures. The enclosures should be widened If the gates am to be mounted x -on the inside. Steel dowels should be installed to hold the gates open. The truc~ must be provided with a turning radius of 55 feet minimum. ?.. Waste removal in connection with construction process must be x serviced by City of Boynton Beach. Place note on dumpstar detail to indicate same. UTILITIES Comments: 3. All utilities easements shall be shown on the rectified landscaping drawings so that we may determine which trees may interfere with utilities. In general, palm tmea will be the only tree species allowed within utility easements. Canopy tmea may be planted outside of the easement so th~ mots and branches will not Impact those utilities within the easement in the foreseeable future. I.DR X Sec. 7.5-18.1 gives publk: utllitiee the authority to remove any or public rJghts.~.way. Them aeBeer tO be soma very deflnffe cc~nfllcts between canoav tme~ and utilities in thi~ submittal. ~-~ them were in the December 1998 subqlfftal. 4. Department of Health permits will be required for the water and sewer system extensions serving this project. (Sec. 28-12). Show all existing and proposed water and sanitary sewer Improvements x on the site plan or drainage plan at this time including pipe size, and location. (Sec. 28-16) 5. Fire flow calculations will be required demonstrating the City Code requirement of 1500 g.p.m, as stated in LDR Chap. 6, Arb, Sec. X 16, or the requirement imposed by insurance underwriters, whichever is c~mater. (See Sec. 26-16(a)). Fire flow tests results Page 2 Boyrtton Beach Marina -' File No.: COUS 98-008 - DEPARTMENTS INCLUDE REJECT for the main on Ocean Avenue have been provided, I~ut fire flow calculations to [he on-site hydrants have not. Please submit these calculations with your Health Department permit application and I~ians. 6. Provide proposed elevations, flow arrows, treatment facilities and an engineer's written certification that drainage will conform to all rules of the City and the South Flodda Water Management District. x (LDR Chalk. 4, Sec: 7F) -' 7. Water and sewer lines to be owned and operated by the City shall be included within utility easements. Please show all existing or proposed easements on the site plan and drainage plan. The · .water and seniten/sewer lines to be situated along the west side of the project will require a dear, unanounbemd ee~ment of 31 feet (12' for water, 25' for sanitmT). All easements shall be X dedicated via separate insmament to the City a~ stated in Sec. 28- :~:~(a) of the Code. These easements must be ~ within days in order to allow the City to commence relocation of the 24' diameter gravity sewer. Provide resolution ve~fying abandonment of the existinc~ ~ easements no longer needed.. 8. The drainage plan inctuded in this submittal is dated December 7, 1998, and is similar if not identical t~ th~ one submitted in December. It has the same dmwba~ a~ i:mviousty mentioned: namely them is insufficient space f~r the water, sewer and drainage lines shown along the west side of the site. It also shows x restaurant ~ in a different location from that shown on the site 9. Appropriate bactd~ow .p~ventem will be requimcl on the domestic wetar setvice~ t~ the buildings, and the fim'~ lines, in x 10. Building pennit~ for this project shall not be i~ued until this office has approved the plans for the ,,~tar and/or sewer in~mvemen~ required to-~ente~each of those buildings. ~(See,, 2e-15'). In addition, the developer shall post surety for all other mcluired improvements for which he ia maponsible, and which will not be x completed before the first certificate of occupen,~y'. (I.DR Chap. 6, Art. V, Sec. 7). This surety will exclude ~.to be installed by or under the direction of the City a~ stipulated .in Exhibit '1' of the 'Deve~pment Agm=.ment'. -' 11. Note that the addition of 229 apartment units greatly i~ the x use of the site above what was originally ant~ Thl~ change '1~-.. will result in an addi~onal c~oital facilifi.~ c~,-~e of Page 3 -' Boynton Beach Marina ~ File No.: COU$ 98-008' ' ~ for water anal sewer, if approved. The developer is ' therefore resoonsible for ~avment of this additional fee. 12. The 1S-foot utility and roadway easement wast of the platted N.F_ 6~' Street right-of-way, referenced in paragraph 9 of the 'First x Amendment to Development Agreement~ must now be dedicated to the City to allow maintenance of City utllitles. 13. All Infrestructum improvements necessary, for this entJre site must be completed before the first certtficate of occupancy is issued, other than for docks and fuel pumps c~nstructed simultaneously with related support Infrastructure including access roads, water and sanitary sewer, regardless of bonding or other surety. For this x "purpose, 'Infrastructure' shall be defined aa potable water, sanitary sewer, drainage, and a second paved access road for service and eme~ency I~uroosas. FIRE Comments: 14. Emergency access along north side of aparlment building to the north dock is not shown. A fire lane is required. BBCC 9-21. This comment shall be read in conjunction with Pamgreph 17 G.6 of x the Revised Develo0ment A~memant 15. Standpipe/sprinkler system fire deparlment connection is not x shown for the apartment building. BBCC 9-6 16. Dock standl=ipes no farther a0art than 200 feet BBCC 9-6' x POLICE Comments: None _ ENGINEERING DMSlON Comments: 17. All plans submitted for specific permits shall meet the city's code requirements at time of application. These bemflts include, but are not limited to the following: site lighting, paving, drainage, x curbing, landscaping and Irrigation. Permits required from other 'permitting agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, DEl1= and any others, shall be included with your permff reauest. Page 4 Boynton Beach Marma-f File No.: COUS 98-008_~ DEPARTMENTS INCLUDE REJECT 18. Pay a fee in lieu of dedication as set forth in Chapter 1, Section 5 x of the LDRs 19. Upon submittal of construction drawings for Casa I.oma Blvd. and NE 6~ Street, the applicant shall provide a r~=ant detailed topographic, data, prepared by a land survey or registered in the State of Florida, showing existing conditions of the ama to the south of Casa I. oma Blvd. and the ama east of NE 6~ Street x Design drawings for these areas shall show in detail .how public access, including handicap access, is to be provided to the facilities of the adjacent properties, Including proposed r~teining walls, ram~s, stairs, etc. 20. The City and the applicant shall jointly participate in extandlng Boynton Beach Blvd. east from its current point of ~ as outlined In Revised Development Agreement and Indicated on the approved plan. Il. DR Chapter 4, Section 8.C., Chapter 6, Artlcte III, Section 12., Chapter 6, Article IV, SectiOn 10., Chapter 6, x .. Article IV, Section 10.D., Chapter 6, Article IV, Section 10.B., Chapter 2, Section 11.2.D.] This comment shall be mad in conjunction with Paragraph 17.G.8 of the I~,evised Development Acjmement. 21 L~cate several handicap stalls on the north side of Casa I.oma Blvd. for accessible routes to retail and office space and apartment/retail to provide the shortest accessible route per the x 22. The applicant shall agree t~ inco~orate in the dock leasing agreements a stipulation dlasilowing boat tenants from using the public parking spaces along Casa I. oma Blvd.,NE 6a St., the private roadway west of the msidantlal buiiding and the first floor of the paddng garage for their parking purposes. The dock leasing agreements must~, aisc stipulate that live aboards are not allowed x in accordance with the DEP permit. Provide the City with copies of the I=ml~osed lem-_!r~c~ a~mements for review and approval 23. The applicant shall agree to incorporate in the leasing agreements for all retail uses a stipulation disallowing retail employees from using the public parking spaces along C, aas I.oma land., NE 6a Street, the private roadway west of the msidanttal building and the x first floor of the parking garage for their parking purposes. Pr~ida the City with copies of the proposed leasing a~ for review and al~l~rovaL 24. The requirements of the Florida A_,'x~__ssibi!it~ C_-~_e shall be met for X Page 5 Boynton Beach Maz't~ - File No.: COUS 98-008-:_ DEPARtMEN'i3 25. Show proposed turning movements on the Site Plan for access of x ..._._._.~.~rash trucks to and from all compactors and dumpsters. 26. ,,U~:i~~ :..Pe~,r~:?..ed.~.?~..the Revised Development Agreement. ), . u,= ~..y wnn [ne appropriate documents to designate ~pu.u,¢ park a.[ me.. Immcoestar waterway, the pedestrian pathway, oetween anc] on trle north s' - · . ~' ..... ·- x ,__ ,,~ ....... ide of the pmposecl retail buildings and lgr Ule =ounyara area iocatect east of the proposed residential 27. .'Show pmpoeed public facilities on the site plan and conelTUCtlon and use detail of pmpoeed designe for the proposed Casa Loam overlook, Casa Loma Boulevard. and the public courtyard for review. Plans shall inciude proposed public amenities such as x ,b,_en~_e~_sea, flng, trash.receptacies, bike racks,, drinking fountains, ii i-mn , lanclecal0in ,etc. · ~ ----.---.--_ 28. It appears that the proposed site storm clminage system will need :s~enr~:~dui[c~r:nClucl.e .the courtya~ area east of the proposed the""~ -- g .a?= .mat. this rev~ion will require approval of u=z-. Ina 8ppllCartt SllalJ c~ve Stl~lln iocama wimln me property, raffler than the basin at the south of !u e~C~site, ae part of...re~ing the storm clminage permit. This will x ,.'.~..~,T_' :.._~_~%u ~r-~r'. · ma ..m~eion is made it will directty affect the ,-a~l~uun ca me seawall pansis, mgan:llng pipe penetration through the eeawall panels. Provide te. mpona7 ~l~g on site to replace the space~ t~Tt~rarily lost in Casa ' Boulevard, sized equivalent to what Is curmnt~ serving existing uses along ~ i~.~ ~r moae_-pomona of the project completed ~or to _co_~p!e_ti,o_n_.of'.proJ~t., perking am. (no landscape plan required u.,~ .~ ~n~uae paining' space markings, lighting and drainage 29. Regarding proposed construction of Casa I.oma Blvd., NE 6e Street and the private roadway the applicant should be aware that roadways constructed tn muck ar peat shall be. constructed in x conformance with Chapter 6, Article IV, Sectton 10.E. of the City's 30. Casa I.oma Boulevard shall be maintained as outlined in the x Revised Development Ac~.r~.ment. Unless suDe~cecled by the Pate 6 Boyr~ton Beach Ma.,'/na :: vile No.: COUS DEPARTMENTS INCLUDE REJECT Revised Development Agreement, the applicant shall provide the City with a Maintenance Agreement for Casa i. oma Blvd. in a form acceptable to the City. The Maintenance Agreement will be reviewed by the City Engineer, Public Works and Utilities prior to finalization. 31. Show the six fish cleaning and garbage stations required by the x DEP ;3ermit on the Site Plan. BUILDING DIVISION Comments: 32. .'At ama of permit review, submit a recorded unity of title that x combines all lots and 13arcals as one lot. 33. Add to the sheet titled Restaurant #1 Floor Plan the following building specifications: Gross floor area each floor, total gross floor ama entire building, floor ama of the exterior' covered area. seats per floor (indoor and outdoor), total seats entire facility, x overall building height, finish t~3r elevation 1'~ floor, type of constm~n_n and __nccs_j~nanc, y 34. At time of permit review, amend all plan view drawings to show that the accessible routes that am. mcluimd between the accessible parking sl3aces and all uses ant[ amenities proposed for the project are in compliance with the regulations specified in x the Florida Accessibility Coda for Building Construction and the Federal Fair Hou~cj 35. At time of permit review, provide detail drawings that Illustrate how vertical changes in elevation along, all accessible routes will be overcome.. The worldng drawings-that austmm ~e vertical x changes in elevation shall be depicted in compliance with 36. Provide a minimum of four accessible parking spa{es to the north side of Casa I.oma Boulevard. These spaces should be x distributed to serve the buildings titled Retail 'B' & Office and Res~__~rant ~ 37. Place a note on the site plan indicating ti'mt the path of travel to and from the buildings and other faciilti~ on the site am. tn x compliance with the Florida Accessibility Coda for Building Cons~J_~_on and the Federal Fair H_m_,sinc~ 38. Amend the tabular l~arkinc~ d=_~ and the Dlans to ref!._m~t__ and show x Page 7 __ Boynton Beach Manna._ File No.: COUS 98-008' DEPARTMEN'I'~ · caer _c~_~_..n~__n_u_~13er of on-site accessible pandng spaces. The 355 data shall '-~ ;,,,~:'---~-~.n~-*u~-~ ana laD?l, as van accessible. The .... al... ,,,,,, .~L, ma; me on-site spaces will require four (4) a .cce. ssi~e spa(es 13e shown and provided at the site. Therefore, . . ~ o ~oenttfled in the t~bular d~ta to co~ represent me required number of accessible spaces for the parking that is depicted on the site plan. (17) are provided. The ant~ _n~u_m_ bet of a_cc?sible parking spaCas idorrl~ed on the chart u sn~.vn on me pmns shall not be. les~ than the number of spaces required by the Florida Accessibility Code for Building Construction. ,u. u~. uparu'nen~ portion of the ~-~+--- '---:,--,, ,*,,--,-~la ~uummau 1Or permit review ~ that m'nun~ an,.I iden~es the qu~nt~ of each ----~-- ..... · ,-- ,,, ,.~,uum~. auso, lnClapendentiy Identify and provide the total gross floor area for all cavered and enclosed areas that .' support the apartment use, such as the lobbies, trash area, 40. Amend the elevation view drawings to be consistant with the floor plan drawings with respect to Ioca'don and size of exterior wall x o enins, columns, roofllne and other bulldin features. 41. Submit a complete description ltmt defines the constnJ~on- sequenc~/managsment plan propc~md for the improvements equanca/management documents shall be ~P_rOj? The. document shill Include, but not be limited to, defining now m.e .ac~.cent property ownem-will be able to safely remain x lead to their_ businesses. Th · - ...... _ _ -.. . · phasing plan shall also describe and snow now vemc~e encl pedestrian ac=ess will be maintained to the Iiceneas uses. The vehicle and pedestztan access shall be shown from the ad acent Improved ri hts,, to the uses. The ~ty has -=.u~y on ma Site plarl vie sel~ack dhTlensions from the south property line to the leading edge of the ~--o"tory building. The leaclincj edge of the buildinc~ begins at the .:-;.:.5est point of the Page 8 Boynmn Beach Manna _ File No.: COUS 98-008 7. DEPARTMENTS -' INCLUDEI REJECT I ovemang or canopy to the property line. The tim rating and wall openings located on the exterior walls of all buildings shall comply with the regulations spec/fled in Table 600 of the Slandard Buiidincj Code. 43. Add to sheet AZ01 the required accessible sidewalk that would x create the accessible path for the van accessible parking space to the accessible buildincj entrances. 44. Show and/or descdbe on the site plan how and where the storm water drainage that is generated by the roof of all stru~ will x terminate. 45... Show and Identify on the sheet titled Ground level Floor Plan how x mail will be delivered to the apartments. 45. Compliance with the building codes will be evalua~ at time of permit review. The permit fee, water and sewer facility f~es, county fees and state fees will be determine//at time of permit x review. The fees will be accessed amstste~ with the spedfications listed in the Oevelol)ment A~:~'eement PARKS AND RECREATION Comments: None FORESTER/ENVlRONMENTAEST Comments: None PLANNING AND ZONING Comments: 47. Change '20' to ~10'__ _In e~lon for parking spaces for apartments, x Total is cermet at 48. Regarding landscaping:. · On landscape I/an, dimension .distance between perimeter x trees to show compliance with requirement to be a minimum of one (1) per 30 linear feet · Dimension all perimeter landscape ~ to .show minimum width required' of three feet. · Add note to landscape plan indicating quantity of interior parking spaces (excluding garage spaces), r~luired interior landscaped ama (20 square feet/space), and interior landscaped ama provided (or u~_!_~g reduction criteria to ten . Page 9 -' Boymon Beach Marina File No.: COUS 98-008 ~; (10) square feet per space if a minimum of one (1) intenor shade tree is provided per four (4) interior spaces). · Add note to landscape plan stating number of trees (one is required) per 100 square feet of required interior landscaped area. · Continue perimeter hedge along N.F_ 6~ Street (west side) north/northeast of restaurant ~1. · Provide and identify on the landscape plan all .proposed lighting fixtures for both-vehicular and pedestrian areas in accordance with CBD Guidelines and/or Vision 20/20 Study recommendations. · Identify in the landscape plan tabular data, the percentage of native species to confirm compliance with the 90% .. requirement. · Add to list of notes on landscape plan the source of irrigation 49. Comprehensive Plan Policy 1.12.2 requires that residential projects in excess of 100 units proposed-within the hurricane evacuation zone be reviewed by the County's Division of x .. Emergency Management, and ltmt comments be considered which re~,3ard the Peacetime Emem~e.~cy Plan. 50. Provide color descriptions for ali details including color code on x elevation document. 51. Add tuming radius details within par~ing structure, and provide, at minimum stactdng space for one vehicle at guard gate to prevent x blockinc~ of ent~/lane. 52. The minimum required extension of N.F_ 2"" Avenue wil! be completed prior to Certificate of Occupancy of multi-family building, or alternative plan for waste removal will be incorporated x which eliminates need to access north side of building (this does not eliminate need to provide for emergency access along north side of proiect 53. Consistent with revised development agreement, replace note indicating that extension of N.E. 2"" Avenue, including cul-de-sac, is by others, with 'developer to construct road Improvements in x accordance with revised developer's agreement and approved plan'. 54. Clarify whether th~ areas east of the Casa I. oma Blvd. cul-de-sac x and south of retail B am sod or paved ames. Page 10 Boynton Beach Marina File No.: COUS 98-008 DEPARTMENTS INCLUDE REJECT 55. Sut3mit upctata<t lanclscape plans for enlim project to sttow compliance with all applicable regulations, intemai consistency, and to inctude the following changes to the landscape notes found on sheet L$1.00: a. Add, as specified in the "Grades and Standards for x Nurse~/Plants' Part I, 1953 and Part II, State of Flodda, Department of Agriculture, Tallahassee to the end of note' 1. b. Remove the word, "No", from the beginning of note number 19. [Land Development Regulations, Chapter 7.5, Article III - Central Business District Lands_c~_~e Code, Sec!t__on 8.] 56. For subsequent permit application, provide sheet A1.01 01ghting detail sheet) and a photometric plan to verify that illumination levels meet Chapter 23, Article II, A.1 and CBD landscape code. All types of lighting ftxtums (wall, boilards, ~ parking lot) shall x be energy efficient metal halide. The overall height of the parking ama fixture shall not exceed 16 feet. All poles, tlxtums and other site amenities shall be of a grade and quality that will withstand waterfront/marina environment and shall be consistent with Visions 20/20 Redevelopment Plan recommendations. [Chapter 7.5, Article !11 - Central B~iness Distztct landscape Code, . Section 8. A. 7. a, b, c and d and 8. a, b, o and d and Design Guidelines of Boynton Beach Central Business District page 2'~, #1, 2 and 3] 57. Project shall provide a minimum of 505 'total parking spaces, including a minimum of 207 spaces that must remain open and unresewed for public use. MINIMUM NUMBEI:t, OF PARKING SPACE~ 'PROVIDED IN' x RIGHTS-OF-WAY IF CREDITED TOWARD TOTAL (As per development egmement these spaces may be credited toward the on-site parking __r~l_ uimmant, provided they am unmsewed and available for [ise !~ the publlo.) 59 [Land Development Regulations,' Chal:rter 2 - Zoning, Section 11. H. 16. e. (10), Section 6.E.4.b(1)(a), Section 11';H.16.d(3), and 58. The applicant's application fee of $1,500.00 for original phase 1 and $353.28 postage fee regarding notification of adlacent property owners, shall be paid prior to issuance of subsequent x Page I 1 -% Boynmn Beach Marina 'la No.: COUS 98-008 ---- DEPARTMENTS " I INCLUDE I REJECT I I 59. The applicant shall apply for and be issuecl an environmental review permit 'prior to receiving an occupational license to sell gasoline. [Land Development Regulations, Chapter 2 - Zoning, x Section 6. E. 1Al 60. The applicant will dedicate an easement to the city, the land shown on the plans as the north portion of the cul-de-sac located near the east end of Casa l.~ma Boulevard. Prior to obtaining signatures on the document and recording the easement document in Palm Beach County, the applicant shall submit a copy of the appropriate document to .the city for review. The x document shall inctuda, but not be limited to, the developer purchasing, Installing and perpetually maintaining the .. Improvements. 61. Applicant shall comply with all mquimmants contained in the development order and revised development agreement, prior to issuance of permits (other than shell permits requested prior tn x approval of the development agreement) in a~::ordanc~ with the deadlines set therein. 62. The mad will be constructed at a minimum elevation of iE'6'. X 63. The dumpster enclosure requirements of the City Code will be temporarily waived for Two Georges Restaurant and Dive Shop x until Casa I. oma Boulevard is completed, and compactors installed.. 64. Pursuant to note ~ on the conditional use site plan, ali utilities are x to be placed underground. This requirement is mandated for CBD by Chapter 2 Zoning, Section 6.F_ Early cmxd~on with utility providers is recommended. 65. Traffic study was. found deficient by Palm Beach County. Revise study to sa_tisfy:-~data needs to comply with County Traffic x Performance Staridards. City must possess confirmation from Palm Beach Count~. 66. Submit all outstanding documents required for the conditional use site plan including color samples and codes, light fixtures and other details and landscaping plans for the original phase 1 to x show consistency with mmalninc~ portion of site plan. 67. Provide additional right-of-way along west side of NE 6" Streat to provide left and dght turn lanes with strxage capacity to offset x traffic impact by apartment building and to provide efficient circulation. ExDansion of fight-of-way to be done with the mutual Page 12 -. Boyr~mn Beach Mari~ File No.: COUS 95-008 DEPARTMEN'i~ " INCLUDE I REJECT unclerstancling that expansion may be in exchange for loss of minimal parking spaces. This requirement may be waned if magnitude of spaces to be lost am unacceptable to the city, and if traffic analysis justifies maintaining roadway as currently proposed (formerly ~351. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS ADDITIONAL CITY COMMISSION CONDITIONS 69. Revised 8/11199 4:45 pm LEFT IN'~ONALLY BLANK INTENTIONALLY LEFT BLANK EXHIBIT "]" _:. INTENTIONALLY LEFT BLANK EXHIBIT "K" _~ '0 0 0 0~' ~ c, EXHiBiT "L" I AprLl 9, 2008 ~mu~o ~- m~ZC~r 96~e8-78~il VIA FAXAND FIR~ ~ M/~n. Mr. Quintus Greene Development Director City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 83435 Re: Marln~ ~rflla~ at Boynwn Beach Dear Mr. Greene: We represent TRG-Boynton Beach, Llxi. ('"rRG"), the owner of the property being developed as Marina Vill,ge at Boynton Beach. As you are aware, a previous owuer of the subject property entered into a Second ttevise~ Development Agreement dated June 6, 2000 ("Ag~ement"), with the City of Boynton Beach, Florida ("City"), relating to the development of the property bein~ proposed at that time. The Agreement hs, become obsolete due to the fact that the development contemplated by the Agreement did not occur, and the deadlines for complet/ng those develdpmez~t ob[i~ations were never met. In previous discuss/ons w/th City officials regarding the A~reement, a consensus was reached that the Hmi~ and development of the subject property be/n~ proposed by TRG is substantially different than the t'imin~ and proposed development contemplated by the Agreement. ~. 03 Pa~e 2 ~_ Accor~;~gly, TRG request~ that the City Co,~rn~ssion take appropriate action to terminate the Agreement as a matter of record. Such termination should be expressly conditioned on the survival of the matters set forth in letter from James A. Cherof, City Attorney, to The Related Group and AERC of Vlr~nia, Inc., dated December 30, 2002 (copy attached). If possible, please schedule this request for City Commission consideration at its meetin; on Al~il 15, 2008, at wkich other matters relating t~ the proposed development of Marina Village at Boynton Beach will also considered. Thank you for your cooperation. Sincerely, Encl. cc James A. Cherof, City Attorney (w/encl) December 30, 2002 Via Hand Delivery The Related Group AERC of Virg~a, Inc. Re: Reque. st for Estoppel Iuform~on/Marina Village Gentleman- The City h~ received the Dec~'mber 30, 2002 ~ request of The Relazed Group and AERC of Virginia, h~c. for an estoppel Iett~r deta/ling the amounts spent and unspent by the City of' Boynton Beach under the Second Revised Development. More specifically, you have asked' the City: Specifically, please confirm that $39,424.22 have been spent on behalf of CNy water and se~er fees, which are credits which run with the Project and are transferable to a successor owner of the Project and shall survive any termina~n of tire Development Agreemena Response: 'l~e City has paid on behalf of the Developer $13,570.99 for retail commercial water and sewer impac! and coanec~on fees, $25,853.23 for restatwant water aad sewer impact and comxection fees. Throe fe~ are tr~ferable to a successor owaer of the Project and shall survive any termination of the Development Agreement. In addition, please confirm tlutt $162,$00 have been spent towards City, State and County permit fees, and please confirm the porfion of this amount which was paid to the County for impact fees, and the City shall cooperate with the developer and support with the Count): a SUcceSsor ownerJ$ credit for these fee~. Al~o, please confirm that the City Commission sh~ll consider as a policy decin'on gh,ing a successor owner of the Project tt credit (which credit shall sur~ve any _termination of the Development ,4gre~men0 against future permit.fees for the portion of this arno{tnt which was paid to the City, and please confirm that amount, and City staff shall favorably recommend #uch acttot~ Response: The City ha~ paid: To Palm Beach Cotmty, on b~half of the Developer, $122,688.85 in mad h'npaet fees and $n.802.91 in public buildiag f~-~. It iz the City's tmd~~g t3at uader County - ~c~mauons me/ ', '~ ~ ~m ~e ~e~, Conill. ~ of ~ ~Scy ~d be To ~e ~e of Flofi~ $138.70 m BAC~ md $138.70 for ~on p~t f~. Confi~on of ~f~abiliu ,ho~d be ob~d ~m ~e Slate. To Ee CiU of Boston Beach $3~,726.38 for b~l~g p~ r~ fe~. ~e credit i, =~sfmble. No m~d is av~lable for voided p~. Also, please conf'trm that no other amounts have been spent by the City or are due and owing under the bond or the Development Agreement other than those set forth ahoy& Response: The City has expended $201,919.76, which includes the amounts shown above. The project is encumbered by a City lien for the total incentive package of $770,328.00, less $407,380.00, which is secured by bond. Flease confirm the City shall accept a substitute bond in replacement of that cttmntly held by the City from a successor owner, and return the g~ting bond to At~RC. Response: Yes. I trust the foregoing i~ rea'l~O~ve to your request. All issue of further adjustment, modification, refund or waiver are reserved to the City Commission, C'ITY ATTORNEY Ca/de,~lol;men#mmgm lmuj~ml~x:i La' TOTPL P. 05 -;- F. Martin Perry & Associates, P.A. F. MAaTIN PEILaY 1645 Palm Beach l~es Blvd. SUSAN L. TAYLOR Suite 1200 FAX (561) 686-~442 May 8, 2003 ~ MAY 9 2003 DEPARTMENT OF DEVELOP~ENT James A. Cherof, Esq. Via Facsimile: 561/742-6054 City of Boynton Beach 100 E. Boynton Beach Blvd. 954/771-2943 P.O. Box 310 aoynton Beach, FL 33425-0310 ET ¥~,~, ~- ~.~ Re: Two Georges Restaurant vs. City of Boynton Beach Case No. CL 99-8505 AG Dear Jim: s you_ know, this firm represents DSS Properties, Ltd. and DSS Management, Inc. d/b/a/ wo Georges RestauranL I have been advised that the City Commission recently approved the Major Site Plan Modification submitted by the Related Group for the Boynton Beach Marina project. As a result, my client requested that I review the proposed modifications as they relate to parking, to determine whether the proposed modifications are consistent with the Court approved settlement of the above case. I have concluded A~_a_t_the ._c~l. rre~_t parking modifications do appear to ignore the terms of the Mediation ,,~r___e~n~__~. ~.or .yo. ur convenience, I am attaching copies of the Amended Mediation ~ur~Le~iem,._clat .e~3 Jun.? 12, 2000; the Court Order, dismissing the case and retaining ~__:__.=o~'l__to .ant'ome. ~e Amended Mediation Agreement; and portions of the Second __.,..e_~upm.~_e~_t ~gr~,..rnent_suc~. trmt it would be consistent with the settlement among the ~.a=oes. ~ne reaumng Oevelopm®nt Agreement, the Second Revised Development Agreement, provides, in part, that: '7. DEVELOPER at'tall provide a minimum of 50,5 parking spaces, 20? of wh/ch tmt~ be ot~m and unre~,emed for public uae (Of these 207 spaces, ,59 mi on Ca~a Loma Boulevard and N.E. 6e Street. The City is granting to the Developer the uae of these 59 public spaces as a credit toward his obligation of :207) .... ' Emohasis adclod. James A. Cher_o.f; Esq. May 8, 2003 Page 2 of 2 The foregoing paragraph of the Development Agreement also contains a footnote referring to the August 1999 City Commission hearing, during which the parking issues were extensively discussed and the Commission votecl to approve the above parking arrangement. I have reviewed of the minutes from the April 15, 2003 City Commission meeting and the resulting conditions of approval for the Developer's current site plan. I have not yet been able to review full size plans showing the parking arrangement; however, it appears that the resulting approval does not specifically require the developer to leave spaces open and unreserved for public use as is required by the Development and Mediation Agreements as previously stated herein. If I am incorrect in this regard, please provide evidence to the contrary. The minutes of the meeting reveal that parking continues to be a significant concern to area businesses and City residents. My clients are also greatly concerned about the lack of available public parking for their customers. Of additional concern in this regard is that the developer has apparently requested that the existing Developmant Agreement for the project be dissolved. My client strenuously objects in that dissolving the Second Revised Development Agreement violates the requirement in the Amended Mediation Agreement that the Development Agreement be consistent with the settlement among the parties. Therefore, I hereby request copies of all documents related to the developer's application or request for a hearing on this matter and further request that I be notified of any meetings or hearings in this regard. As you know, the Court has retained jurisdiction over the enforcement of the settlement. We are hopeful that we will not have to resort to re-opening this litigation; however, my client has grave concerns that the project, as proposed, will detrimentally affect the parking available to its customers. Please call me as soon as possible to discuss this matter in greater detail. Very truly yours, Enclosures cc: Bill Scaggs, Jr. - via facsimile: 561/620-8189 Steve Scaggs - via facsimile: 301/208-8037 TOTAL P. 02 -- IN ~ CIR~ COURT OF TIlE ;: FIFrERN'~ alDICIAL CIR~ OF --. FLORIDA, I1~ AND FOR PALi~ BEACH CO~, ~ A~ON · . C~g NO. ~ 99~S0~ AG DSS PROP~~, L~. aad DSS ~A~~, ~ D~A ~O ~ORG~ ~A~, Ph~, Def~a~ ' ~ ~ ~ O[Bo B ' ~, ~Y ~ ~ fo~o~: ~ ~ h~ ~f~ to ~ Ci~ or Ci~ ~ (~ ~ ~ ~) ~ (c) ~vely approve the use ofeu/Sc/ent compact car spacee to mice up for the loss of four parking spacee due to ramps to be con.~a-act~i fi'om ~ Casa Loma Boulevard to the Two C-eorgee' pmperty;, and (cO .admin/strafivel¥ approve two curb cuLs for ramps.to a~c~ss the Two Georges · /nd Hal/property. 2. Recommend to the City Co--on tim it ei/minaze those port/ohs of the development ~en~ pena/n/ng to public rights ofaccees to Casa Lo~ Boulcvard and the area refcrr~t to az the Caza :.oma Overlook. 3. Proce~ in the normal course of City ~ Two C..eor~ permit applic~on Ne. 99-4849, which, among other thin~ mtue~ to raize th~ znain dining room floor to aa elewagon of 4.5 feet NVGD aa well az con.fa'm:~x ora new "chickee" roof to replace the e:d.~n8 'chickee" mot ~ md/or City ~.ff~ w~e their prior objection to ~e l~oposed floor elev~on.~ It i~ uadetnood that the applicant will have to sati~ comments ca other ~ raised by staffrdative to the appl~ca~e~. Not objec~ to thc u.~ ofthe second floor area az a zta~-up wa/ting area (no food ~ovetmnea~ ca, itl= with jurL~ction over ~ ~e ofthiz area. assoc/ated f. aci~e~ and the Hall's drift ~q.~hh~$ operation (one boat only) are v~d permi~ ~ for purposez ofc~ab~ the llm~ts of the v~tid legal 6. 1~o~ that Halr~ dzitt f:~biag o~eraion (one boat only) ~ immediamly to meet City Code, provided however tbu dnri~ anam~on ofi~mveme~s No~.~ her~ slutll prevent the ~ fzom ini~ an o,xnq~onal I/cease mroc~o. ~: K ~ tl~ ~ ~t h determ~ed ~ Heirs drift ~ or amx~ct besiaessm f~1 to use t~e off-site paclci~ lots ~ ~ altemam ~ is pro~l~ on site or off-site i~ accorda~ wit~ 7, ~aad o~ly LfTwo Get,es caa obtaia Fermitti~ to l:r~d aa ttp to 2~00 patici~g, tb~a it mm/be sa~sfiecl wi~ ~e ~visio~ oft~ spec~ed,~,~mi, et of Faztci~ spaces oa ~ lots sou~ of Oeea~ Boulevard. ~ pmvisioa m~ o~ly be 2 used for the construct/on ora de, lc and may not be cred/ted aga/nst other proposed uses o= the =itc. 8. Not obj. ec~ to the use of the ~ portions of Two C-~o~ or Hall's property for iL ..~..~d th~ ~im=rrame for co~'u~ion of Casa Eom ~ the amo~ oftim~ ~;~:n~°h~~.the Wr/t of Cen/oz~ to the daze ot-,,;ng~ the d/sm/s~s ofco~ to Garda w/ll: · v =aaemenis aireanent for the ' which ~ b~ owu~d ~,, ~',..-,_ , ... . pomom of Casa Lom~ Boule,,,ald, of _ --., --._-,_,~, aha ~ shah agree not to · Casa Loma Boulemd ,,~-,- :. _,_ .... ~ that portion Loma Boul . _. ~ ? ~md ~ or= t~ portion esress thereto shall be ....___. ..... pub ¢ msress or otta~). -,,~ Finn ~,not moimlmg tables, which may b~ inatalled by 1/I ?~00 si~ p~ propen~ ltae.,-u ,~.~;..., __ .1"~ ~, .o~a~.. tmmematet~ ~orm of Garci~', North - -~ ua me ana~ed ngm-oI, way for the Bow~,,- e~_,_ ,,__. - .~_~, . _ tm · e~seme~t for a~ama=~ b~din~ to ~.-'~-""~ =otuev~,v ~-uemon east of the ,---- ~ are uot adve~ely affected, atl as omi/ned 3 on tl~ avach~d drawin/, which e~s=mmi shall not ta'oh,'bit dock us== fi'om accessin~ the walkway and docks just So.~h of'the easement ~ The City-~hnil use th, ~asemmt az~a as pan of thc proposed"Bo~ton Promenade", to whicl: the pubiiC~.halI hav~ a~:ess. Two G~orgcs will: 2. W'dl be respon~le for th~ payment of all costs asso~ated with irr~. mmnm~ to Two ~ pmp~ (exc~t for thom i .,,E~ovm~ts to Casa Lorn Boul~ to be provided by ~ u provided for in this ~), includi~ 3. Asrees to the ~o~ ortho tmmmund ~ ~ ~ma Overlook showu on g~ I~IWO0 ~t~ plan, and will pay $0% of the co~ of flz abovo.grouml ~ ofth~ C.~ I~m Ovatoo~, lishtia8 and shall pay ~0% of the co~ of lhe msociated seaw~ (which sm.w'~ll c~ w~ $I0,629), less a credit of $1,300, all of which _,ia~l be paid to the ~t7 within ~ upou completion of such 1. Volummily dismiss their respective law suits with l~.judice th~-one (31) ~ comp~ of the al~aloum~t of Casa Loma Boulevaz~ th~ con,/eyance of nshtl se~ forth herein to thc eimmsion of Bol/uton Beach Boulevazd to the east, a~L the ~ to the developmem: s~ment between Crarcia and the 4 IN TIlE C~i'T COUR'I' OF THE I-'ll-'ft.~NTll -:~ JUDIC~L CIRCUITOF FLORIDA. ~ AND FOR __.. P,~l BEACi! COUN'FY CIVIL ACTION O.~$ PROPF. RTIES. LTD. ~nd NO. ~9.850.~ ~ MANAGEMENT. INC. DIR/Av T~O GEOROI~ RES=FAURANT. ~ I~ UlI.II~ ~, imiff~. ~,. ~is ~u~ ~.~ ~re t~ C~mn ~ ~ ~i~' ~u~ti~ for V~un~y~i~Wi~ ' .. . : ...... . ORD~ AND A . C~ms (a~ completion of all of the improvemenls depicted on the Site Plan; or (b')- DEVELOPER giving written notice to the CITY of abandonment of the SITE PLAN. It is acknowledged that minor modifications of the SITE PLAN or expansions of the PROdECT. approved by the CITY. shall not be deemed an abandonment. g. ~,?~,~D. EVELOPMENT U..SE_S. ~-P~. _~,l~/e following uses have been approved by the City Commission: ~-~--"~.~' O 29,302 square feet of two-story office/retail flonr area. '~i~..~, Two public restaurants with a combined area of 12.830 square feet. 5. A I~f~..~. it residential apartment building of B stories or less. not to V_,.."/ .., . eet in heigi~ and no more than 229 residential h,'~,-- DEVELOP~E~ ,,~J~,! provide a minimum of 505 parking spaces, 207~ of which must b~ and un~ for public use (Of lhese 207 spaces, 59 are o~,~oma Boulevard and N.F- 6e Slmet. The Cily is granting to the De~J~r~'te usa d these 59 public spaces as credit toward his obligaUorl b'~?~"',~Nothing herein shall prohibit the City from metering or proVidi~l~c'~ restrictions on those park(no spaces .... _A.t.the_..~u? 3. 19~) Cir)' Comm/~'sion mcglill~._~.~un! ,o LDE. Clmpk'r.. Zonin.-_.. l).4.d.{z~ ~ac (.-~t.-,' Commi.~ion reduce! the required public ~u~.,..g:...--.spaces [o 207. 5 ""- ' "'~--'~""~ TOTAl_ P, (~ IX.-CITY MANAGER'S REPORT CITY OF BOYNTON BEA( ITEM B. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City. Commisston Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates m to City Clerk's Office [] April I, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon~ [] May6,2003 Apnlla, 2003(Noon) [] Julyl,2003 Junel6,20031Noon) · [] May 20, 2003 May 5, 2003 (Noon) '-~ July 15, 2003 June 30, 2003 (Noon) _~: > -.~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business .~-- -~ :" AGENDA ITEM [] City Manager's Report [] Presentation r,o .,~,~ '-'-~ [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfnai.~hed Business RECOMMENDATION: Accept presentation of Recreation & Parks Department work plans that were developed as a result of the comprehensive needs assessment that was conducted in November 2001- April 2002. EXPLANATION: The final report of the needs assessment listed various recommendations and key findings. The fzrst work plan summarizes how the Recreation & Parks Department is addressing the recommendations. The second plan focuses on updating the Recreation & Open Space Element of the City's Comprehensive Plan, updating the department's strategic plan, and becoming nationally accredited. PROGRAM IMPACT: The needs assessment serves as the foundation for updating the Recreation and Open Space Element of the Comprehensive Plan and the department's strategic plan. It is also a fundamental standard required of all agencies seeking national accreditation. FISCAL IMPACT: None ALTERNATIVES: Schedule the pr~entation/f/,;-' at,./,a later /.date' Recreation '~ Parks Depaxtrnent Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS',AGENDA/TEM REQUEST FORM.DOC Z ~w° Z (!,) o o ~~°°~ WOrk Plan Presentation Recreation & Parks Department We Make Life Fun!! Boynton Beach Recreation and Parl~s Department --- WORK PLAN Recreation and Parks Department(s) NEEDS ASSESSMENT September 2002 John Wildner, Deputy Recreation & Parks Director Wally Majors, Recreation & Parks Director TABLE OF CONTENTS Page Executive Summary I Recreation opportunities targeted towards the specific needs of the different 2 sectors of the population. Recreation opportunities, special events and performing arts activities. 4 Environmental activities, self-improvement opportunities, travel and tourism 6 activities, and arts and crates prosrammin$. Keeping residents informed about recreation opportunities. 8 Safety Concerns I 0 Comprehensive Plan 11 Strategic Plan 11 National Accreditation 11 Bond Issue 12 Conclusion 13 EXECUTIVE SUMMARY In November 2001, the Recreation and Parks Department(s) commissioned Management Learning Laboratories to conduct a needs assessment analysis of the City's recreation and park programs, services and facilities. The key reasons for conducting this project were: 1) accountability to our community and the commission, 2) sensitivity to the changing recreation and park interests of the population and 3) recognition of the need for updating the baseline information for more efficient recreation and parks management. Simply speaking, it has given staff a better understanding of the "market" we serve. Methodology included: focus groups sessions, meetings with staff and commissioners, community-wide questionnaire, and analysis of the data. The project yielded opinions fi'om respondents to the questionnaire ranging across the entire geography of the community. This provided specific views and information regarding facilities, activities and programs. It also details the community' s perceptions regarding the overall quality of services delivered by the Recreation and Parks Department(s). The Needs Assessment will serve as the foundation for updating the Recreation and Open Space Element of the City's Comprehensive Plan, and the Department's Strategic Plan. Rather than depending solely on staff's experience and intuition, the data gathered by the assessment will result in a more effective planning process. It is also a fundamental standard for quality operations as identified by the Commission for Accreditation of Park and Recreation Agencies, and is required of all agencies seeking national accreditation. The final report of the Needs Assessment listed several recommendations, key findings and summaries. Since several questions in the survey addressed similar issues, this document will be divided into common areas and recommendations. Each recommendation based on a signif'~cant number of respondents will be addressed. It should be noted that the information gathered from this project is blended with staff' s experience and intuition as it relates to what programs, events and activities should, or are currently being offered to our community. It would be remiss of the Department not to consider staff experience and intuition. All relevant views and recommendations will be considered and will have a significant impact on the direction of this plan, especially in terms of the extent to which certain issues have been analyzed and prioritized. It will also briefly summarize the Department's intention and reasons to update the Comprehensive and Strategic Plans, pursue a bond issue, and becoming nationally accredited. RECOMMENDATION: The Recreation and Parks Department(s) needs to provide recreation opportunities targeted towards the specific needs of the different sectors of the population. The Needs Assessment survey was compared to the Year 2000 Census data and adjusted where necessary to provide a viable sample. In summary, based on the data collected, Boynton Beach is a stable, family-oriented community. The data suggests that there is an even distribution of age categories, with 35% of thc households having at least one person in the 35 to 54 age group, and approximately 50% of thc households having at least one person who is 55 years or older. These two groups often have different recreation needs. First, there is the 35 to 54 age group, almost all of which have at least one child under the age of 18 year olds who arc interested in activities that are appealing to youth as well as middle-aged adults; second, there is a need for activities that interest the older population. The following summary does not list all the programs organized by thc Department, but it does provide a sense of the many recreation opportunities the Department organizes to meet the specific needs of our community. In the June 2001 issue, Money Magazine rated Boynton Beach as one of the best communities to retire in the United States. We believe "quality of life" was a big factor in this assessment, and great recreation programs and activities have a significant impact on "quality of life". The Department offers a wide range of programs for seniors in our community. The Senior Center is one of the most popular facilities in the City. Over 300-500 seniors visit the facility each day and are able to choose from over 90 scheduled programs and activities. Due to its tremendous popularity, the Senior Center recently expanded its availability to the public by including evening and Saturday activities. These activities run the entire spectrum of interests, including field trips, computer, art and exercise classes, fashion shows, woodcarving, billiards club, garden club, and bingo, to name a few. The center offers several social services, including door-to-door transportation, blood pressure, hearing, glucose, prostate and cholesterol testing, foot screening, and the Hot Meals Program The Department also organizes the largest (based on the number of participants) Senior Softball program in Palm Beach County. 'Approximately 120 men 55 and older participate in this exciting activity. The program meets three mornings a week year-round. From January through May they participate in a league-format, whereby they are divided into teams, and play a structured schedule of games that include umpires, standings and play-offs. From June through December participation is less formal, primarily consisting of an informal schedule of games, and teams are formed on a daily basis. The Department maintains the fields, recruits sponsors, provides the equipment and prepares the schedules. The Department provides recreational opportunities for the shuffleboard and card-playing aficionados in our community. The Shuffleboard Club meets daily and its one hundred twenty five (125) members participate in regularly scheduled games and several tournaments throughout the year. Party bridge, duplicate bridge, and pinochle are all popular activities currently being offered by our Department. 2 Seniors in Boynt°n'Beach can join the Castoffs Square Dance Club, a long-standing partner with the Department, which recently celebrated ~ts 30th anmversary and shows no sign of slowing down. The "Rippers" Knitting Club and the Busy Fingers crafts program have been a source of pride for the Department for many years. The Oceanfront Concert Series is a family oriented schedule of musical events held at the beach and other local venues. On a monthly basis, these concerts feature popular local bands appealing to a wide variety of musical tastes. Along with great food, several children's attractions are included at each concert. The Department organizes several athletic programs such as flag football, soccer, basketball and track that are dependent on family participation to be successful. Although children are the focus of these activities, parents become involved as coaches, assistants, or "team parents". Additionally, a formal parental training program is included as part of the flag football and soccer leagues. Mom or dad can participate in several activities with their children, including Baby and Me, Tots in Tunes and Coffee and Crayons, to name a few. All age groups can participate in pottery, painting and drawing classes throughout the week and on weekends. We offer several very popular afternoon recreational programs during the week throughout the school year, which include transportation from local schools to our facilities. These provide a positive and very essential alternative for parents who need supervised activities for their children afl:er school. During the summer months, staff organize specialty camps and classes, including two sessions of Art Camp, eight one-week craft camps entitled "Creative Concepts", and other art programs including drawing, painting, pottery and textile and screen printing. Art Camp was chosen as the winner of the Dorothy Mullen National Arts and Humanities Award, which recognizes outstanding art programs nationwide. For those parents who just need a break, we offer Parent's Night Out, which provides them an affordable alternative to baby sitting. The Department hosts and supports the Deaf Club. With a membership of 150 people, this is a thriving organization that provides a popular support service to our community. The Department also hosts the Outlook Club for those members of our community who are legally blind. The club offers an oppommity for fellowship while participating in various arts & crafts activities, field trips, concerts and holiday events. Future planning includes several new activities for all age groups. Some highlights include: · Camp Wrinkle Ranch: day camp for seniors that will include arts and crafts, field trips, writing letters to children and grand-children and game room activities. · Battle of the 15'~'nilies: this event will include competitive, fun oriented, outdoor, and indoor activities for all ages. Points will be awarded for each activity. The emphasis will be to provide families an opportunity to participate and have fun together. · Fall Carnival: rides, games, arcade games and foods. · Dive-In-Movie: family movies, popcorn, punch, by or in the pool. · Classic Car Show RECOMMENDATION: The Recreation and Parks Department(s) should make sure there are sufficient opportunities and areas for special events and performing arts activities, given the high levels of interest in activities of these types. The Department, in conjunction with thc City's Public Affairs office, organizes a broad menu of special events that fulfill the need for activities in which the whole family can participate. As previously mentioned, the Oceanfront Concert Series has become a popular tradition in Boynton Beach. The concerts are organized with families in mind, providing not only local musical entertainment, but also several appealing food vendors and activities for children. The Great American Love Affair (GALA) recently celebrated its 21 st anniversary. This annual weekend long event includes a juried art show, the award winning Youth Art Exhibit, Kids Korner that feature child's hands-on activities, and local and regional entertainment. This event is currently being reevaluated in an effort to create a locally based identity/theme that will ultimately set it apart from the generic south Florida art show genre. Some other popular special events include Take-A-Kid-Fishing-Day. This has been a mainstay in the Department for nearly 20 years. Attracting approximately 200 children of all ages, this program provides an oppommity for the whole family to enjoy a great day of fishing in the park. Prizes are awarded in various age groups for those who catch the biggest fish. With the support of local sponsors, most, if not all the participants receive a prize. Another popular event is the annual Spring Sports Festival. This event raises money for the Department's summer camp scholarship fund. As part of the festival, the athletic section organizes the Catch-&-Fetch Canine Frisbee Competition. Up to 40 dogs have participated in this competition that involves both a timed and free-style format. This event always attracts local media attention due to the photogenic nature of the skills displayed by dogs trying to catch the Frisbees. Another popular activity during this event is the annual Kite Flying exhibition. The Big Truck Rally in July is sure to become a popular tradition in Boynton Beach. Kids of all ages enjoy seeing, touching, and playing with real trucks. Over 700 people attended this event, which featured trucks from our public works, fire, police and recreation departments. In total, 20 trucks were involved in the event. In conjunction with the Advisory Board on Children & Youth, the department organizes the bi- annual Youth Expo, held at the Boynton Beach Mall. This two-day event celebrates youth by showcasing the talent of local performing groups, offers elementary through high school students the oppommity to participate in various contests (savings bonds are awarded to winners and all students receive certificates of participation) and provides valuable information to families via a variety of non-profit and other organizations. For those who enjoy good music, the Department offers two outstanding options. The Bob Roberts Society Orchestra features music from the 20's, 30's and 40's. The Gold Coast Community Band, which is comprised of more than 70 volunteer musicians of all ages, performs Broadway tunes, marches, classical, and popular music programs. In addition to the'Castoffs Square Dance Club, the Department offers ballroom dance, and round dance lessons. For those looking for something a little different, we also offer The Art of Belly Dancing. Teens and pre-teens can participate in class that features a variety of styles, including hip-hop, lyrical, jazz and modem dance. The holidays are always special in Boynton Beach. Families can enjoy several holiday related activities, including the annual Holiday Parade, A Season of Peace tree lighting event, holiday concerts, Dinner With Santa, and a the Holiday Home Lighting Contest that recognizes and rewards the best decorated homes in Boynton Beach. In addition, holiday lights and displays illuminate Ocean Avenue from Seacrest Boulevard to SE 6th Court, and north to the Mangrove Walk to the Marina. Several hundred children participate in the annual Spring Egg Hunt, which includes face painting, wall climbing, pictures with the bunny, and of course, the egg hunt. We also include a special hunt for teenagers. The Department also hosts the annual Carolyn Sims Family Day Picnic. This event was developed by one of our city employees and popular resident, the late Carolyn Sims. Carolyn created this program to provide families an opportunity for fellowship by enjoying a picnic in the park, which includes family contests, games and activities where families compete for trophies and awards. Boynton Beach celebrates July 4th in grand style by providing an exciting schedule of festivities for families that include local bands, children's activities, and, of course, fireworks. Some of other very popular holiday events include the Father/Daughter Valentine Dinner Dance in February, the Mother's Day High Tea and Auction in May, the Great Pumpkin Halloween event in October, and Dinner with Santa under the Holiday lights in December. In conjunction with the local Optimist Club, the department sponsors an annual Talent Show. The event provides enrichment for the community by showcasing musical theatre, comedy, and the dramatic talents of youth throughout Palm Beach County. There are trophies and special awards for the participants, as well'as a Grand Prize Winner! The Youth Talent Show also benefits the community by serving as a fundraiser for the Optimist Club of Boynton beach. The proceeds from this event enables the Optimist Club to provide sponsorships for various youth programs, including Back to School Supplies, Children's Day, Holiday Toy Drive, Environmental Awareness Day, Youth Oratorical and Essay Contests, Children's Story Time Pajama Party and sponsorships for the local baseball, soccer & softball teams. The Talent Show is held annually at the Boynton Beach Civic Center, with approximately 100-150 in attendance for the event. The Department also tJffers drama classes for ages 10-18 and is planning to organize a summer theatre camp. 5 RECOMMENDATION: The Recreation and Parks Department(s) should also provide environmental activities, self-improvement opportunities, travel and tourism activities, and arts and crafts programming, given the high levels of interest in activities of these types. The Department recently started an environment education program at Hester Park in conjunction with its summer camp program. This included a guided tour of the protected scrub area that borders the park. Campers learned about the various native plants and animals that live in a scrub, and the vital role that scrub areas have in our South Florida environment. They also learned about the various native plants and animals. Future plans call for the expansion of the environmental education program to include classes that will be offered as part of the Department's afternoon, weekday programs. The Department has a long history of cooperation with such groups as the Garden Club, Cooperative Extension Service, and the Children and Youth Advisory board, especially as it relates to coordinating volunteer landscaping projects throughout the community. These projects have included butterfly, demonstration and natural gardens. Self guided nature walks are provided in cooperation with the Palm Beach County Department of Environmental Resource Management at the Seacrest Scrub and Rosemary Scrub Natural Areas. The department and the Garden Club cooperatively offer regularly scheduled Arbor Day activities. The Department was recently selected as the State of Florida Tree City of the Year, culminating 18 consecutive years of participation in the Tree City USA program. A significant project currently being planned that is related to environmental activities is the Greenways Plan. The Department is currently working with a consultant to develop a Greenways and Bikeway Plan. This study will allow us to identify potential green space available for preservation, designate possible linking corridors and identify funding for a network of greenways and bikeways within the City. This plan will serve as the first step in a systematic approach to green space preservation that was identified as a concern by many of those who responded to the Needs Assessment. Self-improvement opportunities include classes in self-defense and exercise, computer training, and foreign languages. These oppommities are available at the Hester Center, Wilson Center, Senior Center and Civic Center. These include the following: · Resistance training program for all groups using the fitness room at Hester Center · Youth gymnastics classes · Judo and Karate classes for youth and adults · Exercise clas~/-~ (aerobics) for adults · Yoga · Jazzercise classes for adults · Dance classes for youth (ballet, tap, modem) · Belly Dancing · Hershey Track Program - Elementary through High School 6 · Youth ba~-°ball, football and basketball camps · Hiking, walking, jogging program(s) are currently being planned · Computer classes · Italian class · Piano classes · Tai Chi As it relates to travel and tourism activities, the Department has recently implemented the Family Day Getaways't. program, which features trips to various local and regional attractions. Trips planned include visits to theatre events, museums, football/baseball/hockey/basketball games, and other family attractions. Arts & Crafts opportunities are available at all our recreation facilities. These include classes and activates for children as young as 12 months, and adults. · Morning parent and child art & crafts classes are offered for 12 months - 3 years. · Morning pre-school art & crafts classes for ages 3 - 5 years. · After-school program offered on school days and school holidays. · Adult Oil & Acrylic Painting and Pottery classes offered in the evening. · Painting & Drawing and Pottery on Saturdays for ages 8 - 17. · Special Art Center events include the Great Pumpkin and Dinner with Santa where children participate in arts & crafts activities. · Art Camp, held each summer for ages 6 - 12, focuses on fine art and art appreciation. · Creative Concepts, held each summer, is a weekly theme-based program for children ages 6 - 12. · Summer Textile & Screen Printing classes are held for ages 8 - 17. · Adult Watercolor, wet on Wet Oil and Acrylic painting classes are offered in the morning and afternoon. 7 RECOMMENDA. TION: The Recreation & Parks Department should determine the best ways of keeping residents informed about recreation opportunities. According to the Needs Assessment, "The most frequently cited reason for not taking advantage of Recreation Department activities and facilities was a perceived lack of information ". We are commit-ted to providing up to date, accurate information about all programs and events sponsored and co-sponsored by thc Department. The ways we arc currently doing this include the design, layout, printing and mailing of thc tri- yearly Funfare! Magazine. This publication is the major marketing tool of the Department. 15,000 copies are printed in September, December, and May. 6,000 are mailed directly to current and past program registrants. We also direct-mail copies to approximately 120 businesses/organizations, which include doctor and dentist's offices, barber shops and beauty salons, churches, synagogues, homeowners associations, and local media. The remainder of the magazines are delivered to city facilities, the greater Boynton Beach Chamber of Commerce, other public places and are available free of charge. Each issue of the magazine is also available on the City's websitc, and can be downloaded to home computers. The Department has developed a comprehensive media mailing list to which twice-monthly press releases promoting upcoming events and programs are delivered. Flyers are used to promoted most activities/programs. These arc designed and created primarily by the Department's Marketing Section. Approximately 16,000 flyers are delivered to local schools, mailed to past participants, and are available to the general public at most City facilities. For some of our special activities and events, the Marketing section designs and creates posters. These are printed in-house and delivered to locals businesses and various public facilities. In addition to the print media, the Department purchased 30-second ads on local cable television stations to promote some of our special events. Plans include production and airing of ads promoting various Department services on local broadcast television stations. We also recently developed a parmership with a local Internet newspaper, "Out2.com". Besides program information on this, and our own website, programs are also posted on the Sun Sentinel and Palm Beach Post websites in the "things to do" listings. The Department in cooperation with local print media and agencies (Sun Sentinel, Palm Beach Post, Boynton Beach Times, South Florida Parenting, Parenting Plus, Boynton Kidz Magazine, the Palm Beach County Cultural Council, and the Palm Beach County Convention and visitors Bureau) posts program listings or print ads to help the Department "get the word out" in their publications. Some of the Department's promotional material has been recognized and received awards from professional associations such as FFEA (Florida Festivals and Events Association), Florida League of Cities Innovative Showcase, the Florida Recreation and Park Association and LERN, an international organization dedicated to recreation and higher learning opportunities. The Marketing Section saves, categorizes and maintains a record of all listings from local print media that relate to department programs on a daily basis. Each month, a tracking report is prepared and inchaded in the department's monthly report. This includes the number of listings, news briefs, articles and photographs printed in newspapers. Binders are kept on the stories that appeared in newspapers to maintain a record of media exposure and can be used as research material for future staff use. The Department actively seeks creative new ways to promote its programs, events and facilities. Upcoming promotional projects include a newsletter that will be emailed to all who wish to receive it called, "Rec-Source E-News". Scheduled to begin in December 2002, this promotion will highlight information about upcoming programs, family activities, sporting events, dates that Funfare! Magazine is published, park development projects, and general class information. Also planned is the distribution of a twelve-month, 26 page, full-color, promotional 2003 calendar featuring beautiful photographs of recreation activities and parks, that include a list of events, programs and City holidays. The theme of the calendar will be the benefits of parks and recreation, and is expected to be as popular as this year's version. It will be ready in December 2002. This year's calendar was on a one-page, 11 by 17 inch poster that featured a color photograph of Oceanfront Park. A total of 250 calendars were printed, and none remain. We believe this clearly demonstrates their popularity. Other methods of promotion include: · Mailing post cards to past registrants promoting upcoming programs · Welcome and thank you cards to program participants · Creating brochures for each facility listing its programs and touting the benefits of participation · Providing program information in Spanish and Creole · A partnership with Visit Florida, which produce a yearly guide of statewide attractions for Florida visitors · Event listings on City water bills · Marquee event listings · Temporary signage · Ads on the "Shopper Hopper" and Department buses · Listings in the publications of the Florida Festivals and Events Association (FFEA) 9 RECOMMENDA. TION: Although safety does not seem to constitute a major deterrent, the Recreation and Parks Department(s) should evaluate safety levels at its facilities and programs as well as make an effort to ensure the public perceives their offerings as safe. The Department acknowledges that safety concerns were expressed by 15% of the respondents to the Needs Assessment survey. Residents that live adjacent to our parks have expressed concerns about unregulated activities occurring in them after hours. Typically, graffiti and other acts of vandalism occur at night. The Recreation and Park Advisory Board continues to advocate the establishment of a Park Ranger Program as one of the ways to address these concerns. We intend to research the feasibility of adding the staff necessary to implement this program in the 2003-2004 fiscal year budget. The plan will involve starting the program with part-time staff. This position will play an active role in addressing safety concerns by monitoring parks, securing them (locking gates and bathrooms) when they are closed, and acting as a deterrent to potential vandalism and misuse. The Department is currently implementing a plan to install video surveillance systems at various recreation facilities, including the Civic Center, Hester Center, Art Center and Wilson Center and Pool. A system has been installed at the Civic Center. It will cover both entrances into the facility, and the back parking lot. It will also cover the holiday display area in front of the Children's Museum, which unfortunately as attracted a lot of vandalism over the past two years. The Department is also developing a plan to install parking meters at Boat Club Park and Oceanfront Park. Parking attendants stationed at these parks are primarily responsible for the collection of parking fees and ensuring visitors have the appropriate parking/launching decals when they enter the parks. As a result, they are unable to effectively monitor the parking lots and boat ramps since they have to remain at the park entry areas while conducting this task. The installation of parking meters will allow them to move freely throughout the park, thereby making the facility safer. As an example, instead of remaining at the entry area of the park(s) to collect fees or to check if vehicles have a parking decal, patrons will use parking meters, and the attendants can ensure cars have the appropriate decals while monitoring the parking and boat launching areas. The Department's goal is to complete an implementation plan to install parking meter at Boat Club Park and Oceanfront Park by June 2003. 10 The preceding se~.~ion of this document summarized several activities that have been developed as a result of the Needs Assessment, and/or have been an existing part of our Department schedule of program/activities/events. The Needs Assessment will also play an integral role in the implementation of some of our long-range goals, which include updating the Department's Strategic and Comprehensive Plans, achieving National Accreditation, and pursuing a Bond Issue. COMPREHENSIVE PLAN: This plan will develop a vision to provide specific long and short-term directions and continuity for present and future park and recreation development. It is a fundamental decision-making tool for the department. The Recreation and Park Advisory Board is currently reviewing the Recreation and Open Space Element of the Comprehensive Plan. Over the next several months they will provide input to Department staff. This cooperative effort will allow staff to draft and update to this section of the City's Comprehensive Master Plan. STRATEGIC PLAN: This will be an action plan that will help develop the Department's vision, goals and objectives, and possible modification of the Mission Statement. It will build upon an environmental scan and evaluation of our strengths, weaknesses, opportunities, and threats. It will give us direction by focusing our efforts on "visioning" our future. The process will include addressing three basic questions: 1) where are we now 2) where would we like to be, and 3) how do we get there. This will be achieved by through participantion from staff, the advisory board, participants, and ultimately, the Commission. This will ensure ownership to the plan. We expect this task will take between six (6) months to one (1) year to accomplish. NATIONAL ACCREDITATION: The Department intends to become nationally accredited. The Accreditation Program for Park and Recreation Agencies is administered by the Commission for Accreditation of Park and Recreation Agencies, an independent body which is sanctioned by the National Recreation and Park Association (NRPA) and the American Academy for Park and Recreation Administration (AAPRA). Accreditation is a form of credentialing. It is public recognition given by an authorized entity that an Agency has met minimum standards designated as important to qualify operation. Although benefits will vary by community, they include: · A benchmark (how do we "measure up") · Agency recognition (basic, desirable standards are met) · Increased agency effectiveness and accountability · Standards represent approved professional practices · Translates to financial support and savings · Increased pride- It is our intention to begin working on this project in April 2002. A team led by Shem Claude, Assistant to the Director, and Debbie Majors, Grants Coordinator will prepare an implementation plan that will allow the Department to allocate the appropriate resources to this significant project. 11 BOND ISSUE: E~nding for the acquisition and development of land for recreation and open space preservation will be the ultimate challenge for the Department. The City currently owns 13 vacant parcels of land available for park development. One of these, Intracoastal Park, is scheduled for construction in late 2002. Funding for the development of this site was acquired from Palm Beach County. The remaining 12 sites, approximately 75 acres, have remained undeveloped due to lack of funding. At the present rate of development, land reserved for neighborhood playground facilities will not be completed for several years. Parks planning staff anticipate using data fi.om the greenways study to develop cost estimates for Recreation and Parks development projects that are identified. Along with grants, impact fees and general capital improvement program funding, a bond issue referendum is being given serious consideration as an option to provide funding for green space and other outdoor recreation projects. 12 CONCLUSION During the planning phase of this project, we developed a comprehensive list of goals for the Needs Assessment. They were as follows: a) Assess resident satisfaction levels with the quality, quantity and management of existing parks, programs, facilities and services. b) Determine current resident and non-resident usage levels of programs and facilities and appropriateness of when and where these services are offered. c) Identify what levels of spending are acceptable via fees and charges, for recreation programs, park and facility improvements. d) Identify the community's interest in the addition of future facilities. e) Identify furore interest regarding the implementation of new programs and services that meet the needs of the community and respond to new trends in the recreation industry. f) Determine how effective the agency is at communicating its "products and services" and disseminating relevant information to the residents. g) Identify resident satisfaction levels with regards to program registration procedures, including preferences for registration practices, i.e. walk-in, mail-in, fax, e-mail, etc. h) Obtain general demographic characteristics and identify perceptions of the various market segments of both users and non-users of agency programs, parks and facilities. i) Identify what prohibits non-uses from taking advantage of agency services, and do they participate in other similar non-recreation department activities j) To gather information that the agency can utilize in order to gain a better understanding of its constituency. k) To investigate how citizens wish to utilize their discretionary time and how the department may coordinate efforts in these areas. 1) To explore and suggest efficient ways of providing opportunities that take into account the economic and time constraints of the community. m) To assess the public's awareness and perception of the department's current programs and facilities in terms of how well the programs and facilities satisfy the needs of participants. n) To afford residents the oppommity to offer suggestions, comments, and concerns about the opportunities provided to them by the department. These goals were successfully accomplished. The measurement of accomplishment was the Needs Assessment Final Report. As was noted in the report, "using the principles of random sampling, it was possible to collect data from a part of the population and then make projections about the entire population. For this reason, a statistically viable and reliable random sampling procedure was used-for-this survey. Given the fact that it was a random sample of the population, it is poss~'l~le to claim that, within a small margin of error (3.00%), the sample is representative of the community as a whole." We are now able to complement staff intuition and experience with a social scientific research project that illustrates what recreation and park oppommities our commumty wants, comparing the needs with what is currently available. We were also able to analyze our programming deficiencies. As an example, considering the most significant reason for people not participating 13 in our programs ~.visiting our parks is lack of information, we now have compelling evidence to support increasing our marketing and promotions budget. We also found that a significant percentage of those who participated in the Needs Assessment are interested in special events, performing arts, and programs involving the environment, self-improvement/fitness, arts & crafts, and tourism. We will focus our efforts on developing additional opportunities to address these interests. This focus will also address the response we received about providing more activities where the whole family can participate, and the need for special programs for teens and persons over the age of fifty-five. It's also apparent that our community is interested in maintaining "green space" and developing neighborhood parks. This is a significant challenge for staff. Given the current economic concerns, funding will be an on-going issue. We will continue to apply for pertinent grants, and give strong consideration to a bond issue. We will continue to monitor our performance through benchmarking, relying on customer surveys, and ultimately allocating staff resources toward attaining national accreditation. Our paramount concern is the efficiency, effectiveness and professionalism of our organization. As was stated in the Executive Summary of this document, the key reasons for conducting this project were: 1) accountability to our community and the commission, 2) sensitivity to the changing recreation and park interests of the population and 3) recognition of the need for updating the baseline information for more efficient recreation and parks management. This will be accomplished by blending staff experience and intuition with the information and recommendations identified by the Needs Assessment. We also recognize that comprehensive planning for tax-based agencies must take into consideration the needs and interests of the entire community, and that the planning process should attend to a wide range of needs. Therefore, it is critical that the planning process begins by first conducting a needs assessment. 14 WORK PLAN II Recreation and Parks Department BEYOND THE NEEDS ASSESSMENT April 2003 Wally Majors, Recreation and Parks Director _.. TABLE OF CONTENTS Page Introduction 1 Strategic Plan 2 Comprehensive Plan 3 National Accreditation 4 Conclusion 5 INTRODUCTION Pursuant to the N'~eds Assessment that was conducted for the Recreation and Parks Department in April 2002, a work plan was developed to address the recommendations that emerged from this project. The plan focused on short-term activities and programs that addressed the parks and recreation needs of our community. Concurrent with the implementation of this plan, the Parks and Recreation Departments have been merged into one organization. The merger will allow us to operate in a more traditional organizational structure. It creates opportunities for a more focused and united approach toward serving our park and recreation costumers. It also reinforces the need to thoroughly analyze the efficiency, effectiveness, and professionalism of our operational system, which delivers recreation and parks services. This will be accomplished as follows: · Development of a long-range strategic plan · Updating the Recreation and Open Space Element of the City's Comprehensive Plan · Completing the national accreditation process administered by the Commission for Accreditation of Park and Recreation Agencies (CAPRA). The strategic plan will demonstrate where we are now, where we would like to be, and how we get there. Once we know where we are (i.e. understanding the current environment surrounding the Department, our strengths, weaknesses, opportumties and threats), we will develop a vision statement that will focus on how the Department will look in the future. The strategic plan will serve as the basis for the comprehensive plan. This is essentially a development plan interrelating programs, services and physical resources. It serves as an inventory of existing conditions and recommendations for the future, which includes acquisition and development of areas and facilities. Updating the Department's vision and mission statements are important components of a strategic plan. A vision statement will allow the organization to focus on what the preferred future will look like. After the vision statement is created, we will redefine our mission statement. Both will be based on the general philosophy that recreation and parks services are essential to our community. A cursory review of parks and recreation history in our country clearly indicates the broad acknowledgement of this statement. People have been engaged in recreation activities dating back to the earliest years of the settlement of the United States. Examples of early commercial recreation include the first public horse race in Long Island in 1664; the beginning of billiards in 1722; the first state fair in the United States, held in Michigan in 1849; and the P.T. Barnum circuses which began in 1849. These enterprises were operated on business management principles that continue today in many commercial enterprise4_; such as fitness clubs, bowling alleys, amusement parks, etc... Nonprofit associations such as YMCAs, and Boys Clubs began in the mid-1800. They are typically operated on a nonprofit financial basis, relying primarily upon donations and membership fees. In the public sector, the parks movement was initiated when the first local park land was set aside in 1565. Many well-known city parks were established by the 1900s, including Central Park in New Yor. k. The first state and national parks were established in 1864 and 1870 respectively. Furl'ding was primarily derived from citizen taxes. Public sector recreation began with schools providing programs (sports, dances, picnics), in the 1700s, physical recreation in the 1800s, and social centers for the community into the 1900s. The first evidence of recreation sponsored by local government was in the form of playgrounds, which were borne out of the social needs created by the industrial revolution. Public recreation continued to grow with an emphasis on community centers during World War I and the Great Depression. Unlike nonprofit organizations, funding came primarily from taxes. Despite being on divergent tracks, local governments began to merge the management of parks and recreation services. In 1966 vahous professional organizations merged to form the National Recreation and Park Association. In Boynton Beach, Parks and Recreation services were merged in 1979. Prior to 1979, parks maintenance was a function of the Public Works Department. The Recreation Department has been part of the City's organization since the 1950's. In the late '80s and '90s, due to limited financial resources, public agencies have had to focus on becoming more self-sustaining, and rely more on volunteer support. This was evidenced in 1993 when the Department's revenue producing programs were removed from the General Fund, and the Recreation Program Revenue Fund was created. At the same time, many communities have demanded that the public sector of parks and recreation act as a social service to the community, particularly for at-risk youth. These shifts in managerial orientation have resulted in significant changes in park and recreation operations. Some public departments have become more "corporate" or business-like in their operations. Others returned to more historic roots of recreation as an integral social service provided to assist the community's disadvantaged. Our vision will include a balance between these two philosophies. STRATEGIC PLAN The Recreation & Parks Department must have a strategic plan, which should be endorsed by the governing body. This will delineate our vision, mission, goals and objectives, and is essential to good governance. The strategic planning process will provide a means for developing a shared vision of the Department's future and then determining how to make this vision a reality. The planning process will be collaborative and participant driven. It will include staff, the Advisory Board and City administration. It will answer three basic questions about the Department: · Where are we? · Where do wewant to go? · How do we g~t there? Answering these three questions will provide the Department a sense of direction and focus. Additional benefits include: · Generates new ideas from all levels of the Department, which helps achieve the vision of the plan 2 · Assists in-the prioritization of resources to ensure efficiency · Assists in the elimination of programs and services that are no longer viable · Encourages ownership and commitment from all stakeholders · Creates benchmarks for the organization and staff The strategic plan will accomplish this by providing strategies for how to take the Department from where it is, to where we want to go. When this vision becomes clear, the plan will then reflect the Department's mission, goals and objectives, and what we hope to accomplish. The most important element of the strategic plan will be participation by the City administration, staff, advisory board and anyone else who may have a role in our ability to achieve our vision. The timing of this task is extremely beneficial since it's happening concurrently with the ongoing merger of what were recently two separate departments. The benefits of developing a shared vision of our future and determining how to make the vision a reality are obvious and resounding. We plan to formally begin this project on October 1, 2003. COMPREHENSIVE PLAN We need an updated comprehensive park and recreation system plan. This is essentially a development plan that shows the relationship between services and physical resources. The comprehensive plan should be based on the strategic plan. It provides the specific steps needed to implement the vision and mission. It provides an inventory of existing conditions and recommendations for future program and services. It provides direction for the possible acquisition and development of areas, facilities and administration. It will be a valuable tool for future decision making. The comprehensive plan will allow us to clearly demonstrate that as we face continued residential development, preservation of our landscapes, including protecting our most precious and sensitive natural lands as well as the provision of recreational, green and open spaces, is essential to creating a sustainable community. As development continues, opportunities to secure park sites diminish because of escalating land costs and the inability to compete with private sector developers. We should continue to focus on researching the feasibility of acquiring parks and facilities that will be needed for future generations. Geographic equity of park access is an important consideration to provide short-distance access and services to all city residents. Our inventory of parks and recreation facilities has not kept pace with the recreational demands related to the continued growth in population and development in Boynton Beach. The comprehensive plan will demonstrate if existing park space per resident meets current standards; in our estimations, it:ll0es not. The Department's park space policy recommendation is that the City set a minimum goal of achieving five acres per 1,000 residents for neighborhood and community/district parks. At our present population of 60,000, we should have 300 acres of developed park land. We have approximately 200+ acres of developed park land, which includes Palm Beach County facilities. However, we only have 160 acres of developed neighborhood and community/district parks. Projecting the City's build-out population at 80,000 people, we should have 400 acres of developed park property. Commonly accepted standards call for 10 acres of developed park land per 1,000 people. Level of standards for the City of Boynton Beach require 2.5 acres of neigilborhood parks and 2.5 acres of district parks, for a total of five acres per 1000/people for our municipal park system (the remaining five acres per 1000/people of the remaining park land is supplied by the Palm Beach County parks system.) We will submit a request for proposal (RFP) to hire a consultant who will update the recreation and open space element of the City's Comprehensive Plan. Based on approval, this project will be funded in the FY 2003-04 budget. NATIONAL ACCREDITATION We want to attain industry excellence by becoming a nationally accredited agency, providing our staff with professional development oppommities, and developing partnerships with local organizations and agencies to meet the growing demands and expectations of our community. The Accreditation Program for Park and Recreation Agencies is administered by the Commission for Accreditation of Park and Recreation Agencies (CAPRA), an independent body which is sanctioned by the National Recreation and Park Association (NRPA) and the American Academy for Park and Recreation Administration (AAPRA). Accreditation is a form of credentialing. It is public recognition given by an authorized entity that an agency has met minimum standards designated as important to quality operation. Although benefits will vary by community, they include: A benchmark (how do we "measure up") · Agency recognition (basic, desirable standards are met) · Increased agency effectiveness and accountability · Standards represent approved professional practices · Translates to financial support and savings · Increased pride We want to ensure the highest level of efficiency, effectiveness, and professionalism of our operational system, which delivers recreation and parks services/opportunities. Agency self- assessment and peer review is an excellent process for evaluating the quality of the system, which delivers these services/oppOrtunities. It is to this end, as a tool for self-assessment, that standards were developed. A standard is a statement of desirable practice. Standards are an indirect measurement of effectiveness. IF one acts in a certain way, THEN it is expected that there will be a certain result. If a desirable standard is practiced, then a good outcome should be forthcoming. Standards can be a dynamic force for change by stimulating staff and the governing body toward better and safer services, programs, and innovations. Standards will be used as a guide to improve the operation:' Operating in accordance with the standards established CAPRA will allow the department to work more effectively and lead to higher quality services and programs. These are qualitative, comprehensive, operational standards unlike open space standards, which are population based, or playground equipment standards, which are product based. Standards are selected to help evaluate the overall operational system. Standards are organized into ten major categories: 4 · Agenc3t,' Authority, Role and Responsibility · Planning · Organization and Administration · Human Resources · Finance (Fiscal Policy and Management) · Program and Services Management · Facility and Land Use Management · Security and Public Safety Risk Management · Evaluation and Research Thirty-five of the 153 of the standards are designated as "fundamental to quality operations", and are required of all agencies seeking accreditation. With the importance of recreation experiences to the quality of life, every agency has an essential role in the lives of individuals. When evaluating an agency, the recreation and park profession and the supporting citizenry have mined to the "experience-wisdom" of the profession. When this experience-wisdom is formalized, it results in standards against which one may evaluate an agency's operation. The self-assessment phase of this project has akeady begun, and we will formally begin on October 1, 2003 by applying for accreditation. The average time to complete this project is approximately 18 months. CONCLUSION The recreation program revenue fund will be used to hire a consultant to assist the Recreation & Parks Department in developing the Strategic Plan and updating the Recreation and Open Space Element of the City's Comprehensive Plan. A team of staff, which will be lead by the Assistant to the Director, is already working on the self-assessment phase of the accreditation process. The successful implementation of these projects will yield a highly effective and efficient department. It will ensure our programs and facilities are maintained properly, and that our resources are used wisely. Most significantly, it allow for the delivery of parks and recreation services that will enhance our community's quality of life. Benefits will include improved public health, decreased sick care, enhanced community harmony, increased property values, reduced crime, and increased attraction for people to live, work and play in Boynton Beach. City of Boynton Beech Recreation and Parbs Department Boynton Beach, Florida Marl~eting and Communications Plan 2003- 2005 Make Life Fun!! Boynton Beach Recreation and Parhs Department Plan prepared by: Virginia Shea, Marheting Manager Boynton Beach Recreation and Parhs Department PO Box 310 Boynton Be~ch, FL 33425-0310 561-742-6236 561-742-6238 recdeptCaci.boynton-be~ch.fl.us www.boynton-be~ch.org TABLE OF CONTENTS I. Bachground II. Guiding Principles III. Benefits Based Marheting IV. SWOT Analysis V. Target Audiences VI. Communications Responsibilities VII. Research VIII. Communications Tactics Corporate Identity Communication and Marheting Counseling Media Relations Direct Marheting Intemet IX. Advertising Television Radio Print Media Public Service Announcements City Hall in the Mall Display Windows X. Customer Service City Hall in the Mall Customer Service Surveys Mystery Shopper Program XI. Printed Materials Funfare! Magazine Ret-Source E-News Flyers and Posters Senior Center Newsletter Special P~ .nted Materials Departmerit Wall Calendar Media Releases Signs, Banners and Marquees Xll. Programs Pre-S~ool Teen Events XIII. Future Directions XIV. Resources XV. Evaluation XVI. Appendix -XVII. Benefits Statements XVIII. Attachments/Miscellaneous Printed Materials City of Boynton Beach : Recreation and Parhs D~epartment Marheting and Communications Plan 2003 - 2005 I. BACKGROUND The Boynton Beach Recreation and Parhs Department began its marheting program in 1998 when the Department reorganized staff positions to better suit the needs of the community. At that time, the Department had a special events division that was also responsible for coordinating the marheting efforts of that section. The Department was growing, as were the community events, and demand for department-wide marlaeting was growing. In 2002, the Recreation and the Parhs Departments were joined, which presented an increased need for detailed marheting initiatives to promote the efforts of the Department. The purpose of this manual is to aid the Department and its personnel in identifying the issues facing our community and how to marhet the Department's natural resources and parhs, programs and activities, facilities and services to our clientele. II, GUIDING PRINCIPLBS This manual is based on the following principles that guide the Department: Proactive vs. Benctive The intent of the Department's communications and marheting plan is to be proactive in providing information to our citizens. Our responsibility is to plan and execute strategies, which utilize all available marheting and communications outlets to provide up-to-date and accurate information and to anticipate the needs of our growing community. Decentralized rs, Centralized The City of Boynton Beach and the Recreation and Parhs Department maintain a policy of decentralized communication that places the responsibility of communications and marheting in the hands of each employee of the Department. The role of the Marfleting Manager is to provide professional and technical support to the entire staff to ensure that the Department's message is consistently presented to the community. Inclulive vl, Bxclu$ive Including everyone in the community and everyone on staff is vital to the survival of the Department. Soliciting public and staff input into marheting initiatives will help the Department meet its objectives. Cen$1ltencl vl, Incen$1l encl Focused and consistent communications present a focused and consistent image to the community. The messages sent out to the public shall revolve around the City's and the Department's vision and mission. Focus and consistency will present a professional image to our constituents. 1 City of Boynton Beach Recreation and Parbs Department Marheting and Commr~. ications Plan 2003 - 2005 _~-- Two-Way vs. One-Way Communications Maintaining an open and honest style of communication will allow information to be shared, and will alleviate fears and suspicions commonly associated with governmental agencies. Infoi, med vl. Unlfol, med Decision Mablng The Department exists to serve the needs of our community and customers. We are committed to providing accurate information that will allow our constituents to mahe informed decisions and choices. We are also committed to seehing community input to help determine the future needs and development of parhs and recreation for the entire community. Pu,ogresslve rs. T ,adltlonal The development of new technologies has provided the Department with tools to communicate with the public. The Department is committed to utilizing all current tools and to researching the use of emerging tools to communicate with our customers. It is the Department's goal to be viewed as a progressive, cutting-edge organization. !!!. BBNBFITS BASBD MARKBTING Benefits-Based Marheting is an underlying theme for all Boynton Beach Recreation and Paths Department communications activities. The National Recreation and Path Association adopted the benefits-based approach to ma~eting as a response to the 1995 Surgeon General's report on the overall health of the nation and completed a strategic plan, vision and mission for the Benefits Movement with input from a variety of NRPA staheholders. The Department has embraced this movement that communicates the value that recreation and parhs are an essential service that impacts the quality of life in our community. We offer high quality, safe and fun activities, programs and events, practice care for open space and plan for the future needs of our constituency, and we focus on mahing hnown the benefits that effect people by participating in programs at our facilities. Our goal is to increase the public's awareness that recreation and parhs hold environmental, economic and therapeutic benefits to people of all ages, interests and abilities. Our message must consistently include the I~nefits of being involved with recreation and parhs on any level. lq/. SWOT Anall $1$ The SWOT analysis focuses on four hey areas: Strengths, Weahnesses, Opportunities and Threats. This SWOT analysis focuses on the factors that are currently affecting, and will continue to affect, the marheting efforts of the Department. 2 City of Boynton Beach - ~ we Make Recreation and Par~ Department ~ u~e Fun'.: Marbeting and Commt~nications Plan .... 2003 - 2005 $ieength$ A. Reputation of Ouality The Department enjoys an outstanding reputation throughout the community and throughout the state. This is reflected in the consistently high scores given to the department through customer and program surveys. The Department will be participating in the NRPA's agency accreditation process and, if successful, will become one of only several agencies within the state to be accredited. B. Staff The Department has a strong group of highly qualified and professional staff members who are encouraged to attend a wide variety of in-house and professional continuing educational opportunities to stay on the cutting edge of industry trends. While continuing education ofters staff the opportunity to improve their shills, it also helps staff to maintain their strong motivational shills, which is mirrored in the activities and programs available to the public. The Department believes in supporting staff in their acquisition of certification status as offered by the Florida Recreation and Parh Association. The Department also enters into agreements with qualified and certified instructors who have the credentials to teach, plan and program recreation classes. Many instructors bring customers with them based on reputation alone and the quality of these instructors is a hey factor in spreading the word on the quality of programs offered by the Department. City Support The City of Boynton Beach Commission, City Manager and the Recreation and Par~ Advisory Board haue all been strong supporters of the Department's activities, which have helped maintain the high quality of services enjoyed by the citizens of Boynton Beach. This support has enabled the Department to tabe a long-term view of projects and facilities, and continue to expand to meet public demand. D. Technology Present technology allows Department staff to communicate almost instantaneously with each other, regardless of location. Almost all staff members have access to word processing, deshtop publishing and spreadsheet software as well as email programs. The Department also has registration software that mahes registration easy for our custome~and provides them with a direct mailed recreation and parh program magazine, published three times a year. The City's website ofters specific information to the public concerning all recreation and pa~ facilities, amenities and programs so that the offerings of the Department can be viewed on the wodd wide web. E. Pricing The Department mahes available to both residents and non-residents of the City the most cost effective and affordable programs in Palm Beach County. Research has 3 City of Boynton Beach Recreation and Paths De~artment Marheting and Comrr~nications Plan 2003 - 2005 _,-_ shown that our programs, camps and activities are less expensive than those offered by surrounding communities, both in the public and private sectors. This, combined with the high quality of the programs, mahes demand for services very high. F. Media Relations The relationship between the Department and the news media plays a vital role in communicating with the public. The Department beeps trach of all news mentions in the local print media via quarterly reports and by beeping yearly news clipping manuals. We~ieRe$$e$ A. Technology While the Department enjoys the benefits of a networhed communications system, the overall status of the Department's technology systems remains in flux, with notable weahnesses in registration software (generating reports, target marhefing, compiling demographics). B. Staffing While the overall quality of the Department staff is high, the Department suffers from a hiring freeze due to a poor economy. Key positions can be lost due to retirement or resignation of staff that can affect the number of activities being offered. Reorganization of Department resources and additional cross training can aid this, but can also create gaps in the customer service effectiveness of the Department. C. Space/Land A lach of funding for facilities and open land for passive and active recreation mahes it difficult for the Department to be responsive to the additional program needs of the community expressed through the needs assessment survey conducted in 2002, which can negatively affect public perceptions of the Department and its overall customer service effectiveness. Our inventory of paths and recreation facilities has not hept pace with the recreational demands related to the continued grou/ch in population and development in Boynton Beach. The comprehensive plan will demonstrate if existing parh space per resident meets current standards; in our estimations, it does not. The Department's parh space policy recommendation is that the City set a minimum goal of achieving flue acres per 1,OOO residents for neighborhood and district parhs. At our present population of 60,000, u~ should have 300 acres of developed parhland. We have approximately 200 acres. Projecting the City's build-out population at 80,000 people, we should have 400 acres of developed parh property. Commonly accepted standards call for 10 acres of developed parhland per 1,OOO people. Level of standards for the City of Bo~nton Beach require 2.5 acres of neighborhood parhs and 2.5 acres of district parhs, for a total of five acres per 1OO0/people for our municipal pa~ system (the remaining five acres per 1OOO/people of the remaining path land is supplied by the Palm Beach County parhs system.) We will submit a request for proposal (RFP) to hire a consultant who will update the recreation and open space element of the City's Comprehensive Plan. Based on approval, this project will be funded in the FV 2003-04 budget. 4 City of Boynton Beach .. Recrec~ion and Parfls Department ~ we Make Marheting and Comrr~nications Plan 2003 - 2005 _:. D. Facility Space Lach of facility space for in-demand programs is detrimental to our business as many potential registrants are fumed away. The Art Center, in particular, experiences negative feedbach from customers who desperately want to enroll their children into high quality pre-school, after-school and summer programs but cannot because classes and programs are at maximum capacity. Although a second story is on the city's list of capital improvements, it is not a one of the higher priorities of capital improvements. Lach of facility space is also an issue at the Senior Center. In September 1998, the City of Boynton Beach purchased a local restaurant with a vision of creating a multipurpose senior center that would offer comprehensive services to our elder population. Phase I was completed in October 1999 and has 4~OO square feet of program space. This includes an activity room for classes and meetings and doubles as the nutrition program site, a game room, a vestibule that is used as a computer lab, and a multipurpose room for larger meetings, dances, fashion shows, etc. The facility is now functioning at full capacity. (The facility serves seniors from Boynton Beach, West Boynton, Lahe Worth, Lantana, Briny Breezes, Ocean Ridge, Boca Raton, Delray Beach and Hypoluxo.) Most of the programs offered are filled, often with waiting lists. Phase II will add 5,200 additional square feet to expand the services provided, increase the facility's accessibility and eliminate shared space issues that impact many of the activities currently offered. The Civic Center is one our older facilities. Built in 1961, it includes nearly 10,OOO square feet of program space. The facility is reaching a point where it must be extensively refurbished or rebuilt. However, this has not impacted its popularity. It continues to attract approximately 4,500-6,000 patrons each month. These are but a few. of the examples of challenges currently being faced by the Department. Older facilities, high demand and limited funding are issues that must be addressed. Oppe~unlile$ A. Expansion There are currently 65 acres of undeveloped parhland in the City's inventory. A major Department project in the upcoming FV will be to update the Recreation and Open Space El _e~m_' nt of the City's Comprehensive Plan. This is essentially a development plan thc~ shows the relationship between services and physical resources. The comprehensive plan will provide an inventory of existing conditions and recommendations for future program and services. It provides direction for the possible acquisition and development of areas, facilities and administration. It will be a valuable tool for future decision-mahing. B. New Technology The Marfleting Manager and several ~ staff members are currently researching a new registration software system that will provide extensive traching and reporting 5 City of Boynton Beech ~ Recreation and Parhs D%~artment we ~l,k, Life F~n!! Marheting and Com~nic~ions Plan .:: .... 2003 - 2~5 .;- f~ures as well as a more effe~ive registr~ion program for f~-~s~ classes and pr~rams. The hope is th~ these new fe~ures will provide for more accur~e dire~ marheting, individual ~raching and ~he ability ~o mahe penonal conta~ with pa~icipants. This so,ware will be purchased and installed during ~he 2002-O3 fiscal y~r. Digital equipmen~ such as voice r~orden and cameras, which all~ ~he depa~ment ~o add ~estimonials and digital photos ~o the web site and to promotional m~erials will pr~ide significant communic~ions oppo~uniti~ in ~he future. C. N~ facilitim The De~ment is preparing to upd~e the R~r~ion & Open Space Elemen~ of [he Ci~'s ~mprehensive Plan. This is essentially a d~elopment plan inte~el~ing pr~rams and ~ices and ph~ical rmources. It will pr~ide specific long and sho~- te~ dir~ion and continuity ~r ~th print and f~ure ~cili~ d~elopment. Cu~ently, the De~ment is advising the d~elopment of ~he foll~ing capital pmj~s: Completion of Phase II of the Senior Center. ~is will add much n~ed pr~ram s~ce to the existing ~cili~. · D~elopment of Wilton ~nter and p~l and ~. ~ proje~s will pr~ide some much ne~ impr~ement to facilEies th~ ~m constru~ed in the ~rly 196Os. S~eral as~s of the ~cilities are antiqu~ and n~ to be elev~ to cu~ent standards. · ~e A~ ~nter is one of the most popular ~¢ilities in the Depa~men~'s inventor. Pr~rams are o~en fill~ to capacity and have e~ensive waiting lists. ~e addEion of a s~ond fl~r would pr~ide space to accomm~ate more additional pa~icipants. A. State and Federal grant reductions, specifically the proposed transfer of the FRDAP program to the Department of State and Community Partnerships, limiting the program to possible staff members without bachgrounds in Recreation and Parhs and without familiarity with the purpose of the program. B. We compete directly and indirectly with county recreation facilities and with private recreation providers. We need to continue to provide benefits-based and innovative new prog~dms to remain ahead of our competition. There is a fluctuating environment in local politics that can affect recreation and parhs services due to differing political interests. An example of this is differing opinions on the use and development of public land for the publics sahe (passive and active parhs and recreation facilities) versus allowing public land to be used for multi-purposes (public/private partnerships as revenue producers for the city). 6 City of Boynton Beach Recreation and Parhs Department Marheting and Commt~nications Plan 2003 - 2005 D. The very apparent downward trend in State revenues and franchise fees that can affect future development of recreation and path facilities and properties. V. Tm, get Audiences For the purposes of the Communications and Marheting Plan, the priman~ target audiences are: · Citizens Citizens of Boynton Beach have been identified as the highest priority target audience. By educating citizens and creating an "open dialog", the Department will help to empower citizens to become an integral part of the overall plan by becoming supporters and advocates for the department. Top 20% of Program Registrants These are the department's best customers who are included on the "Funfare! Magazine" mailing list, the direct-mailed, major marheting tool of the department. News Media The news media play a vital role in the averall communications effort of the Department, which significantly influences the perception of the Department by all other target audiences. The Department maintains an open and honest dialog with the news media, which is mutually beneficial. implel/ee$ By improving and expanding upon current internal marheting efforts, the Department can empower employees to deliver the message that "We Mahe Life Fun" to our constituents. lecendarl~ Target Audiences Unincorporated Boynton Beach residents Other Palm Beach County residents Other local government agencies Local businesses Local corporations The Palm Beach County School Distdct The Palm Beach County Board of Commissioners Local Hospitals Local Homeowners Associations Greater Boynton Beach Chamber of Commerce Palm Beach County Cor~__ention and Visitors Bureau Palm Beach County Spore Commission Palm Beach County Cultural Council Florida Festival and Events Association 3CMA (City/County Communications and Marheting Association) Florida Recreation and Parhs Association Boynton Beach Mall Kiosh 7 City of Boynton Beach -. Recreation and Parlas Department Marlaeting and Commt~nicc~cions Plan 2003 - 2005 -'-. VI. Communlcal lon$ Respon$1bllll l The Department understands that the responsibility of carrying out this Communications and Marheting Plan is that of every member of the Department, including Administration, Managers, Supervisors, Clerical and Recreation and Paths staff. ~/hJle the Marheting Manager assumes the lead role in the Department's communications and marheting efforts, it Js the responsibility of every member of the Department to serve as advocates and communicators for the Department. The primary responsibilities of the Marhefing Manager will be to impart to and assist staff members with the necessary hnowledge and tools to be effective in their role of communicating with the target audiences. VII. ReseaKh Meeiing$ with Manager's and Supe~,vhel'$ Meetings will be scheduled during 2003-04 with managers and supervisors in the various sections of the Department to determine the specific needs of each section, as well as to evaluate which marfleting tools have been effective, which have not, and what can be done to improve the overall communications efforts of the Department. Staff will be ashed the following questions: · How can the Department improve communication with the public? · What current methods of communications are worhing/not worhing? · What types of communications would you lihe to see more of?. · How can we improve the relationship between the Marheting Division and the facilities/sections in order to better relay information to the public? · What programs/activities need special attention from the Marheting Division? · What programs are worhing/not worhing and should they be eliminated?. The Marheting Division uses the City's GIS System to obtain geographical information and addresses for specific areas Jn Boynton Beach in order to conduct target marheting, to notify residents of street closures and times of upcoming events, inquire if residents are interested in being added to Funfare! Magazine and Rec-Source E-News mailing lists and to inform residents of upcoming meetings that could have an impact on parrs and recreation in their neighborhoods. CmtomeF Sei,~lce Sm, qmlp$ One section of the Department is currently conducting and reporting results from each program season (Fall - September - December; ~Uinter/Spring - January - May= Summer - June - August). It is recommended in this manual that this procedure is the set standard for the entire Department. These evaluations are used to determine overall satisfaction with specific programs as well as determine how users are learning of Department programs and activities. They are also used to gather customer input regarding suggested changes to practices and procedures and on the quality of customer service provided. They provide a real-time indicator of how we are providing services and 8 City of Boynton Beach - Recreation and Paths Deparl:ment Marhefing and Comrm:/nications Plan ::..~...~; ...... 2003 - 2005 the impact we are having on participants. (SAMPLE SURVEV FOLLOWS, MISCELLANEOUS PRINTED MATERIALS') VIII. Communications Tactics Ce~pefate Identitl~ Iff 1999 the Department's leadership team, with the assistance of all staff, developed a corporate identity for the Department. This began with adapting the Department's mission statement to a new slogan ("We Mahe Life Fun!!'") and Iago. The Department's major marheting tool, "Funfare! Magazine" and slogan were the perfect fit. The Department uses the Iago on all communications and marheting tools, and is associated by our constituents with the unique message of the Department. "We Mahe Life Fun" and "Funfare! Magazine" have become our "brand". Cemmunlcatlen$ end Me~INIinl Ceunseling The Marheting Manager recognizes the need to worh closely with each section/facility in educating staff on the appropriate and most effective means of marbeting their programs. This is a means to maintain an effective decentralized marheting system within the Department. Ongoing efforts by the Marheting Manager include providing proof-reading and design assistance with all promotional program materials (flyers, posters and media releases), providing written reminders about marheting and customer service to all staff members and conducting training sessions on writing media releases and benefits based program descriptions for "Funfare! Magazine". Media Belatlen$ Media relations is perhaps the most important and effective linh in the Department's marheting efforts. Continued efforts to maintain open and honest communications with the media and providing timely information in the easiest and clearest way possible is our top priority. The local media have continuously commented to Department staff how clear and concise our media releases are, and that they hnow when they see our format that it comes from our Department. Direct Ma~heting The Department mails "Funfare! Magazine" to approximately 6500 households in the greater Boynton Beach area. Prior to 2001, we mailed to all city residents and found that many of the magazines were either not wanted by the households or were never delivered by the Post Office, which was cost in-effective for the department. We researched the best way to reach our target audience and found that the magazine was more useful to the top 20% of our customers in our database (those who had registered for program(s) during that year). Since the initial change, we have added over 4000 names to the database, which continues to grow with each mailing of the magazine. We have also been able to cut the cost of printing and mailing, and eliminate the waste of unwanted or undelivered magazines. We also mail directly to the news media and to local doctor's offices. We have partnered with a local publication, Boynton I(idz 4~agazine, and now place the two magazines at local Pub/ix; (4/inn Dixie and /'o~s '/? Us stores in magazine rachs purchased from the marbeting budget. (SAMPLE MAGAZINES FOLLOW, MISCELLANEOUS PRINTED MATERIALS') 9 City of Boynton Beach Recreation and Parbs Del~rtment ~ WeLife~ake Ma~eting and CommCl~ications Plan ~_:-.,~ ,,~; 2003 - 2005 Recently (December 02), the Marheting Diuision developed an email promotion called "/Tec-$ource E-News", a newsletter that is sent to interested readers at the beginning of each month that announces upcoming events, activities and programs and gives brief bits of news about the Department. We compiled the mailing list by sending out media releases, flyers to all city facilities and by using the GIS system and direct mailing a registration piece to 6000 residents who might be interested in receiving a monthly email newsletter. There are currently 132 email addresses on the list and that number has been growing steadily. Response to the email newsletter has been very positive. We determined that this method would allow individuals to mahe a conscious decision regarding the information emailed to them, rather than compiling an email list through hits to the city's website, which some people consider "spam". (SAMPLE NEWSLETI'ER FOLLOWS MISCELLANEOUS PRINTED 'MATERIALS') Other ways the Department direct-marhets its programs is by compiling mailing lists from our database (i.e. past participants of summer camps or dance programs or senior day trips) and mailing to those participants information about upcoming or new programs that they might enjoy. An example of this is that a long time and popular ballet and tap instructor decided to move her program to a new community center in the western community operated not by the City but by the County Parhs and Recreation Department. Many of her students were su~yed to move with her, leaving the Department with a shortfall on budget projections for the year. The center manager contracted a new instructor and direct mailed information to past dance partidpants. This resulted in most new classes being filled with some returning and some new students. The Department currently updates information on the website monthly. There is static (or standard) information provided on the Department, including frequently ashed questions, facilities and porhs information and Department services. Special activity flyers and monthly media release updates are added to the web pages prior to the dates when activities occur. IXo Advertising Tele~hlen The Department understands the need to get the word out, not just to residents, but countywide. Television advertising has been a part of the Department's marfleting plan for several years. For two years 0ate 2000 through early 2002), the Department coordinated production and airtime on local cable television for all major special events. For the 2002-03 fiscal year, the Department is concentrating on broadcast television aduertising on the local CBS affiliate. Six ads are being produced at six different Department locations: Hester Community Center, Art Center, Ciuic Center, Oceanfront Patti, Senior:?,enter and Tennis Center during these months respectively: November '02, December '02, January '03, February '03, March '03 and April '03. Badle The Department uses radio advertising monthly to promote the benefits of recreation and parhs and for community events as they occur, and often arranges partnerships with the stations for these events. 10 City of Boynton Beach Recreation and Par~ Del~artment ~ we Ma~eting and CommUnications Plan ~, 2003 - 2005 ~::" ';' -~ P,int Media As stated earlier, there is a strong relationship between the Department and local print media. Not only are we able to give a call to local reporters to get stories written and color photographs tal~en about Department programs, b~ ~e ~lso h~e Q long his~o~ of succ~sf~l pa~ne~hi~s ~i~h ~he I~rges~ local ~s~pe~ (S~-Senti~el ~n~ ~lm Beach Pos~). S~onso~hi~s h~e ~ ~ significant p~ of ~he success of p~s~ community events ~nd print pr~ramming (e.g. The P~lm Beach Pos~ cove~ ~o-~hirds of ~he cos~ of ~er 1~0~ ~h ~nd s~ff ~-shi~s for ~he Dep~ment's summer pr~rams). Public Se~lce ~nouncements Again, os no~ ~rlier, ~he ~epo~ment h~ps ~rach of ~11 n~ mentiom i~ ~he local ~rint m~i~ ~i~ ~u~erl~ re~o~s ~nd ~ ~ping ~rl~ n~ dipping m~nu~ls, gi~ing us ~he d~ ~e ,e~ dete~ine ~he succ~s of our m~i~ relea~. C~y Hall In the Mall DlspI~ Windm A~ ~he DepQ~ment's centraliz~ r~is~r~iofl o~ce, ~here ~re ~ s~ore~ont ~ind~ ~h~ ~re ch~ng~ monthl~ ~ ~dve~i~ upcoming r~r~iofl ~i~iti~. ~em~ ~re d~elop~ for upcoming six months ~r ~h ~ind~ ~nd ~he mail s~ mem~ d~or~e ~he wifld~ ~o coindde ~ith ~he ~hem~ (~. ~esidents ~,~, Jul~ 4~h, Summer ~mps, ~c.). X. CustomeF fenice Cltl Hall In the Mall In 199g, the Del~rtment tool~ over from Citizens' Services (a Utilities Department division) the operations of City Hall in the Mall, a satellite office of City Hall. City Hall in the Mall offered a centralized location for citizens to drop off their utility bills and pich up information regarding city and county services. Under the Department's direction, City Hall in the Mall became a centralized location for recreation program registration. Over the years, we have also expanded services at the mall store to include yearly beach and boat launching/trailer parhing decal sales, notary public services, passport application processing, garage sale permitting, postage sales and sale of city gear. Custeme, Sen~lce Customer Service surveys and class evaluations are used to determine overall satisfaction with specific programs as well as determine how users are learning of Department programs and activities. They are also used to gather c_ustomer input regarding suggested changes to practices and procedures and on the quality of custo~ner service provided. They provide a real-time indicator of how we are providing services and the impact we are having on participants. Idl~steq~ Sheppe, The Marheting Division intends to start a Mystery Shopper Program in 2003-05 that will provide the Department with an objective analysis of our customer service practices by sending mystery shoppers to our facilities to get information about, or participate in, a program or event. Mystery shoppers will also call the facilities to evaluate service over the telephone. Each mystery shopper will be given a chechlist to use in scoring each visit or call, and the results will be compiled and provided to the 11 City of Boynton Beach -. Recreation and Parhs..Department Marheting and CommUnications Plan . ~'. .. 2003 - 2005 management and supervisory staff, who will then mahe any necessary adjustments to their programs/services. XI. PFinted MateFlal$ Funfere! Magazine Funfare! Magazine is the premier publication and major marbeting tool of the Department. The 40- page magazine includes program information for each facility, a parhs section, facility listings and a map, information on City Hall in the Mall, the municipal golf course, the city library and pertinent registration procedures and forms. It has full color (inside and outside) front and bach covers featuring photographs depicting recreation activities and paths or nature themes. It is published three times each year. The Department evaluates a year's worth of publications annually and discusses changes to the format, covers and descriptions. Bec-$eurce B-News The Department's e-newsletter is a one-page information sheet containing monthly program information and specials. A Iago was designed for the newsletter and a special format was set up so that the printed format would have a Iooh that is consistent with the image the Department projects. Flverl and Flyers and posters have been strong marfleting tools for the Department's communications and marheting efforts. A format was established for the layout and design of these public communications tools. Staff input all pertinent program or event information and all flyers are reviewed by the Marheting Manager for accuracy, content and design standardization. The flyers are then sent electronically to an in-house, two color copier that produces large quantities of copies in a short period of time. Program coordinators picb up the flyers and distribute them as necessary. Eleven-inch by seventeen-inch posters are redesigned from the final flyer (for larger events/activities) or from scratch by the Marheting Manager and printed on an in-house laser color printer or in-house color copier, then posted in various areas. It is important that each manager assign a staff member to beep flyer/brochure rachs up to date at the individual facilities so that all information being promoted is current. Senler Center Newsletter The Senior Center Supervisor coordinates the design, production, ad sales and distribution of a bi- monthly newsletter distributed to program participants at the center. This information serves as a supplement to "Funfare.r'Magazine'' and has been found to be useful in providing detailed information about new programs, special activities and trips for the mature population. Improvements to the newsletter are necessary, but are difficult due to the technology (networhing) problems that are a daily experience for the center staff. The Department and the ITS Department are coordinating efforts to provide wireless service at the center. Special Printed Materiels The Marheting Manager is frequently producing special printed and promotional materials. 12 City of Boynton Beach .- Recreation and Parlas Del:~artment Marlaeting and Commt~nications Plan 2003 - 2005 ---. I)elmr~mene Wall Calendar The Marheting Manager created a promotional 2003 12-month wall calendar depicting recreation activities and city paths. The calendar includes a listing of city holidays, full color photos, 2003 event dates, and a section for mahing notes and was sent to city dignitaries, department heads, friends in the media and to recreation staff. (SAMPLE CALENDAR FOLLOWS, MISCELLANEOUS PRINTED MATERIALS). A limited supply of the calendars was sold at City Hall in the Mall and at the Boynton Beach Art Center for the Iow price of $3.00. We hope that our constituents will enjoy the calendar and display it proudly. It also promotes the fact that Boynton Beach is the best place in Palm Beach County to live, learn, visit, wor~ and play as can be seen in the beautiful photographs in the calendar. Media Beleme$ A specific format was developed for Department media releases and all staff now follow that format. It is easily recognizable to the media outlets to which we send releases and it presents a consistent Department message. Signs, Banners md Marquees Signs, banners and marquees are used to announce upcoming events. Funding is limited for purchasing new signs and banners. The Department must design a template for signs and barmen to include the Department Iago and city seal and to ensure that our presence and image are represented consistently. Xil, I~e-seheei The need for pre-school programs has exploded in the past eight years. The Art Center, Civic Center and Hester Center have been the facilities that provide this service to the public. The Ciuic Center is able to provide tumbling and dance classes in the proper environment (mirrors, barre). The Art Center has just three classrooms and is boobed to capacity with a multitude of high-quality, interactive experience and art-based programs for ages 12 months through five years. The Hester Center and the athletics programmers also offer sports courses and activities for 4 and 5 year olds, teaching the basics of several sports, including bashetball, football, soccer and tee ball. The Department recognizes the need for high quality, active, experience based programming for teens. In 2002, the youth services supervisor started the MTV Program (Motivated Teen Volunteers). The teens get involved with city-oriented volunteer experiences, ROPES course challenges, special field trips and meet special gi~ests at monthly meetings. The Department also operates aRer-school game rooms with special tournaments and tutoring programs. Events include community concerts, Dinner with Santa, a Valentine's Daddy/Daughter Dance, a Mother's Day High Tea, the annual Big Truch Rally and other themed activities that are community focal points for the city. As we continue to establish our identity among residents, the success and potential growth for these events becomes increasingly important. 13 City of Boynton Beach - ~ We Make Recreation and Parhs ~Department c~fe ~,,.~. Marketing and Commdnications Plan ~:: ...... ~ .... 2003 - 2005 -:. The Department is committed to partnering with the Public Affairs Department and its Special Events division to support community wide events, including the annual holiday parade and the July 4th event and to support the Community Redevelopment Agency and the Greater Boynton Beach Chamber of Commerce in promoting and publicizing their events and programs. XIII. Futm, e Dh, ectlon$ The City of Boynton Beach Recreation and Parhs Department is in the midst of a very exciting time for both city officials and residents. The evolution of the City's understanding and attitude towards marheting city services presents a wealth of challenges and opportunities to those who are responsible for communications and marheting. The emerging intemet, television and multimedia outlets will continue to evolve from "fledgling" components of the marheting mix to integral parts of the Department's marheting efforts, while Department mari~eting materials continue to improve and adapt to maintain the standards of the Department's established professional image. Not only will marheting improve, but plans are underway for development of paths and additions to facilities. XIV. Re$ouFce$ The marheting component of the department consists of one full-time Marheting Manager, who also manages several other divisions of the department (Art Center supervisor, administrative clerh, part time, seasonal and contractual instructon; City Hall in the Mall customer relations supervisor, customer relations clerfls, both full and part time; and the Youth Services supervisor and seasonal employees). The Marfleting Manager delegates tashs to staff (design of mall windows, layout and design of Funfare! Magazine) and oversees those projects. The marheting operating budget is $'1,4OO from the city's general fund and $80,OOO from the Department's revenue fund. The Marheting Manager is a member of the Board of Directors of the Florida Festivals and Events Association, a certified member of the Florida Recreation and Parh Association, a member of the City/County Communications and Marheting Association (:3CMA), the Lifelong Learning Resource Networh (LERN), the Palm Beach County Cultural Council, Women in Communications Treasure Coast Chapter and the Palm Beach Convention and Visitors Bureau. All of these memberships provide the Department with additional resources and consultancy from similar organizations nation and worldwide. -~ ~ XV. Eq alual lon The Marheting Manager defines goals and objectives through the annual appraisal process and during the budget process. Measurement of the effectiveness of the goals and objectives is measured during the appraisal process. 14 City of Boynton Beach ~- ~ Recreation and Parbs Del~artment ~ we al,k. '- Life Fun!! MarlaetJng and Commt~niccfcJons Plan .......... 2003 - 2005 --_. XVI. Appendix The benefits to providing recreation and parle services to a community are Individual, Community, Environmental and Economic. Statistics are available through NRPA. Individual Recreation and parhs creates experiences for living, leaming, visiting and playing in Boynton Beach. These individual benefits are: · Full and meaningful lives · Balance between worfl and play · Life satisfaction · Quality of life · Personal development and growth · Self esteem and self reliance · Sense of accomplishment · Creativity and adaptability · Problem solving and decision maleing sleills · Physical health · Psychological well-being · Personal appreciation and satisfaction · Sense of adventure · Outlets for stimulation Communll;y Recreation and parfls provides experiences and opportunities to live and interact with families, neighbon, the business community, surrounding communities and the world. The community benefits of parhs and recreation are. · Strong, vital, connected communities · Strong, vital, connected families · Ethnic and cultural understanding · Community pride · Support for youth · Lifelines for seniors · Reduced alienation · Reduced delinquency · Outlets for resolution of conflicts · Social bonding · Understanding and tolerance Bnvl~enmenl;al Recreation and parles provides and protects open space to enhance the desirability of our city and contributes to the health and safety of our citizens. The environmental benefits are. · Environmental and health protection · Physical health and well-being 15 City of Boynton Beach ~ we Make Recreation and Parhs DePartment ci~, ~u.:: Marheting and Commdnicafions Plan ~.. , 2003 - 2005 -- * Stress reduction · Enhanced property values · Clean air, clean water, clean paths · Preservation of open space · Protection of the ecosystem Economic Recreation and parhs is not a mere expenditure, but an investment in the future for the viability of people and places. Recreation and parhs provide these economic benefits to our community: · Economic stimulation · Reduced health care costs · Reduced vandalism and crime · Source of added revenue · Increased value of property · Increase in tourism · Productive worflforce XVll. Benefits Statements · ~Ue Mahe Life Fun! · We Provide Safe Places for Children to Play! · We Help Educate Children and Adults! · We Help You Conquer Boredom! · We Help Vou Create Memories! · Come to Our Facilities to Meet New Friends! · Recreation Activities Can Mahe You Happier, Looh Better and Feel Great! · Community Involvement Creates and Promotes Sensitivity to Cultural Diversity! · Leisure Pursuits Can Help You Learn New Shills and Reduce Daily Stress! · We Help to Enrich Living and Worhing Environments! · We Help Vou to Experience Nature's ~,Uonders! · We Provide Support for Cultural and Performing Arts! · We Help Strength Families! 16 City of Boynton Beach ; Recreation and Parhs Department Ma~eting and Comrr~ical:ions Plan :"; ...... - ~..- 2003 - 2005 · gJe Prouide Life-Long Learning Shills! · We Promote Physical Fitness! · We Help Foster a Sense of Communityt · We Help Vou Indulge Vour Senses! · We Help To Reduce Teen Gang Violence! · We Boost Tourism! · We Help People to Be Self-Reliant in the Water! · ~]e Expose Urban Children to Nature! · We Help Seniors Reduce Loneliness! XVIII. Miscellaneous Painted Mateelals Surveys/Results Rec-Source E-news Funfare! Magazine 2003 Department Wall Calendar Sample Media Release Sample Program Flyer We Make Life Fun!! BoyntOn BeQch Recreation and Paths Oepart~e~t 17 XI. - NEW BUSINESS ITEH A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Review and discussion of two draft ordinances, which set forth policy and procedures for the enactment of a Code of Ethics governing the City's public officers in the performance of their designated duties. EXPLANATION: The Commission directed the City Attorney to draft language in the form of an Ordinance to enact a Code of Ethics, which would protect the integrity of City government, foster public confidence in the actions of the City, and assist in ensuring that the City's elected and appointed officials abide by the highest ethical standards. We have submitted two drafts, the first one being a "guideline" for the City's elected and appointed public officers, with enforcement of any alleged violation to be pursuant to applicable statutory and constitutional procedures, local ordinance, or censure by a four- fifths vote of the City Commission. The second version draft ordinance goes one step further and creates an Ethics Advisory Board to handle alleged complaints or violations. Both of these versions have been placed before you for discussion and further direction. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Department Head's Signature ' ~ity Manager's Signature / City Attomey Department Name City Attorn~'//l~'*~ance / Human Resources S:XBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC XI. - NEW BUSINESS CODE OF ETHICS ITEM A. ! 2 ORDINANCE NO. 03- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 6 CREATING A NEW SECTION 2-10, "CODE OF ETHICS" WITHIN 7 CHAPTER 2, "ADMINISTRATION," OF THE CODE OF $ ORDINANCES; PROVIDING FOR A CODE OF ETHICS FOR PUBLIC 9 OFFICERS OF THE CITY; PROVIDING FOR CONFLICTS, 10 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ll 12 13 WHEREAS, Chapter 112.311, et seq., Florida Statutes is known as the Code 14 Ethics for public officers and employees, and was enacted because the public interest 15 that the public be protected from conflicts of interest and unethical conduct by 16 lected and appointed public officers; and 17 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida, 19 to enact a Code of Ethics governing the City's public officers in the performance of 20 designated duties; and 21 22 WHEREAS, this City of Boynton Beach Code of Ethics is intended to apply 23 the day-to-day conduct of elected and appointed public officials of the City of Boynton 24 and 25 26 WHEREAS, this Code of Ethics will serve as a valuable reference guide for 27 those in whom the public has placed its trust; and 28 29 WHEREAS, the City Commission of the City of Boynton Beach has 30 ined that the enactment of a City Code of Ethics is in the best interests of the citizens 31 ~f the City of Boynton Beach, protects the integrity of City government, fosters public 32 :onfidence in the actions of the City, and will assist in ensuring that the City's elected and 33 ~ointed officials abide by the highest ethical standards; and . 34 35 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of 36 Beach, Florida, as follows: 37 38 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 39 true and correct and are hereby made a specific part of this Ordinance upon adoption 40 41 42 SECTION 2. Chapter 2 of the City of Boynton Beach Code of Ordinances, entitled 43 "Administration" shall be amended to create Section 2-10 and shall read as follows: 44 45 46 :\CA\Ordinances\draft ordinance\Draft Code of Ethics-BB.doc CODE OF ETHICS 1 Sec. 2-10 CODE OF ETHICS. 2 3 Short title. 4 5 This Section shall be known and cited as the "City of Boynton Beach Code of 6 Ethics for Public Officers." 7 8 A._:. Intent and purpose. 9 10 The purpose of this article is to strengthen the quality of representative 11 government through ethical principles governing the conduct of the city's elected and 12. appointed officials. It is important to assure that, that the policies and decisions made 13 by public officers are made through established processes of government, that public 14 officers do not utilize public office for private or personal benefit, that public officers 15 avoid action which creates the appearance of impropriety, and that the public have 16 confidence in the integrity of city government and the city's public officers. 17 18 B. Definitions. References in this article to the Florida Statutes shall be 19 interpreted as meaning Florida Statutes as amended from time to time. 20 21 Business entity shall have the meaning ascribed in Section 112.312(5), Florida 22 Statutes. 23 24 Candidate shall have the meaning ascribed in Section 112.312(6), Florida 25 Statutes. 26 27 Conflict or conflict o_f interest shall have the meaning ascribed in Section 28 112.312(8), Florida Statutes. 29 30 Gift shall have the meaning ascribed in Section 112.312(12), Florida Statutes. 31 32 Public officer shall have the meaning ascribed in Section 112.313(1), Flor/da 33 Statutes. 34 35 Relative shall have the meaning ascribed in Section 112.312(21), Florida 36 Statutes. 37 38 C. Acknowledgment. 39 40 All public officers of the city and candidates for city elective office, upon 41 appointment, election, or qualifying, are strongly encouraged to submit a signed 42 statement to be provided by the City Clerk acknowledging that they have received, 43 read, understand, and agree to be bound by the City of Boynton Beach Code of Ethics 44 for Public Officers. 45 46 ~ 2 I :\CA\OrdinancesXdraft ordinance\Draft Code of Ethics-BB.doc CODE OF ETHICS 1 D.. Applicabilitw of Chapter 112~ Florida Statutes. 2 3 Nothing in the City of Boynton Beach Code of Ethics for Public Officers shall 4 be interpreted or construed as conflicting with Section 112.311 et seq., Florida 5 Statutes, which is also applicable to public officers of the city. This article is 6 intended to supplement state law provisions governing ethics in government. 7 8 E. Standards of conduct. 9 10 In furtherance of the public trust assumed by public officers of the city upon 11 their election or appointment to public office or emploFrnent, the following standards 12~ of conduct shall be applicable to public officers of the city: 13 14 (a) Core Values. Each public officer pledges his or her commitment to 15 the Core Values of the City of Boynton Beach, as follows: [6 17 (1) Leadership by example. A public officer will display leadership by: 18 19 A. Subscribing to the City of Boynton Beach Code of Ethics for 20 Public Officers; and 21 B. Promoting a sense of community, community values, and 22 community spirit and by embracing diversity within the 23 community, while focusing on the importance and values of 24 family; and 25 C. Practicing a "can do" attitude rather than an attitude of 26 negativity; and 27 D. Developing vision o r focus o n t he future, a nd supporting t he 28 achievement of vision; and 29 E. Being responsive; and 30 F. Having fun and enioying one's role as a public officer of the 31 city; and. 32 G. Recognizing and fostering leadership throughout the city 33 government and the residential and business communities of 34 the city; and 35 H. Balancing statesmanship and political and professional goals; 36 and 37 I. Maintaining a positive image, while working towards the best 38 interests of the city and its citizens. 39 40 (2) Empowerment (mindset/orientation) attitude. A public officer will 41 display an empowerment attitude by; 42 43 A. Encouraging citizens to be active, responsible partners in city 44 ' government that function with public officers of the city to 45 achieve a shared vision; and I 3 I:\CA\Ordinances\draft ordinance\Draft Code of Ethics-BB.doc CODE OF ETHICS 1 B. Empowering city administration to continuously improve the 2 quality of and the services provided by city government; and 3 C. Encouraging entrepreneurship by governing the city as a 4 successful, ethical business model; and 5 D. Maximizing revenue while minimizing tax burdens on citizens. 6 7 (3) Customer focus and involvement (volunteerism/actionL A public 8 officer will encourage and promote customer focus and involvement 9 by: 10 11 A. Encouraging citizens and residents to be involved in 12 government and bridging the gap between city government and 13 community; and 14 B. Promoting specific avenues by which citizen input is gathered 15 and information is disseminated by the city; and 16 C. Encouraging citizen involvement in decision-making; and 17 D. Supporting data-based decision-making. 18 19 (4) Continuous improvement. A public officer will work towards 20 continuous improvement through: 21 22 A. Self-improvement through education, personal growth, and 23 personal learning; and 24 B. Supporting process improvement in city systems and key 25 process improvements through knowledge-based decision- 26 making; and 27 C. Supporting and encouraging personal wellness and professional 28 development throughout city government; and 29 D. Supporting innovation through technology; and 30 E. Promoting effective use of customer feedback to improve 31 quality of government and the providing of government 32 services. 33 34 (b) Each public officer shall be dedicated to the concepts of effective and 35 democratic local govemment, respecting the principals and spirit of representative 36 democracy, and setting a positive example of good citizenship by scrupulously 37 observing the letter and spirit of applicable laws, rules, and regulations. 38 39 (c) Each public officer shall pledge himself or herself to affirm the dignity 40 and worth of the services rendered by city government and to maintain a constructive, 41 creative, and practical attitude towards urban affairs incorporating a deep sense of 42 social responsibility as a public servant. 43 44 (d) Each public officer shall be dedicated to the highest ideals of honor 45 and integrity in all public and personal relationships and shall conduct themselves in a 46 manner which maintains and promotes public confidence in city government. 4 [ ~:~CA\Ordinances',draftl ordinanceXDraft Code of Ethics-BB.doc CODE OF ETHICS 1 2 (e) Each public officer shall recognize that the main function of local 3 government, at all times, is to serve and promote the best interests of the public. 4 5 (fl Each public officer pledges to support and carry out public policy in 6 furtherance of the Mission Statement of the city, including but not limited to, 7 subscribing to and supporting the Strategic Plan and the Business Plan of the city. 8 9 To the extent that the city commission has created a priority area for 10 individual members of the city commission, then, in that event, those members of the 11 city commission not assigned to a particular priority area shall respect the apportioned 12 assignment so long as the prioritization is maintained, as such, by the city 13 commission. In all respects, each member of the city commission pledges to the 14 respect priority areas of other members of the City Commission including the 15 exchange o f information, disclosure o f activities, a nd t he public furtherance o f t he 16 goals and objectives of the designated area of priority. 17 18 (g) Each public officer pledges to keep the community informed on the 19 affairs of city govemrnent, emphasize and practice friendly and courteous service to 20 the public, and seek to improve the quality and image of public service. 21 22 (h) Each public officer pledges that he or she will not misuse the office or 23 position, will not participate in debate on any matter which may come before the city 24 commission for decision and which may benefit a family member, client, or business 25 acquaintance, and will not seek or accept any personal profit or gain, or unwarranted 26 favor or privilege for himself or herself, or any relative or other person. 27 28 (i) Each public officer pledges not to improperly influence or attempt to 29 influence other public officers. 30 31 (j) A public officer shall not engage in, solicit, negotiate for, or promise 32 to accept private employrnent or render services for private interests or conduct a 33 private business when such employment, service, or business creates a conflict with 34 the proper discharge of his or her official duties as a public officer. 35 36 (k) A public officer shall not invest or hold any investment, directly or 37 indirectly, in any financial business, commercial, or other private transaction that 38 creates a conflict with one's official duties as a public officer. 39 40 (1) Florida's Gift Law, as amended from time to time and as codified at 41 Section 112.3148, Florida Statutes, is hereby incorporated herein by reference. A 42 public officer shall not directly or indirectly solicit, accept, or receive any gift, 43 whether it be money, services, loan, travel, entertainment, hospitality, promise, or any 44 other form iff (1) it could be reasonably inferred or expected that the gift wa~ 45 i intended to influence the performance of a public official's duties; or (2) the gift wa~ 5 S:\CA\OrdinancesXdraft ordinance\Draft Code of Ethics-BB.doc CODE OF ETHICS 1 intended to serve as an inducement for an improper action or as a reward not 2 otherwise permitted under Florida law. 3 4 {m) Each public officer agrees to be honest, fair, and respectful to others in 5 performing his or her duties as a public officer and agrees to refrain from and avoid 6 conduct creating an appearance of impropriety or which is otherwise unbefitting a 7 public officer, including but not limited to making false accusations or personal 8 attacks against another public officer, or behaving in a rancorous or contentious 9 manner. 10 11 (n) A public officer shall not use the provisions of this Code of Ethics to 12 further frivolous claims against one another. Frivolous claims shall be those 13 forwarded with knowledge that the claim contains one or more false allegations or 14 those made with reckless disregard as to whether the complaint or claim contains l 5 false allegations of fact material to a violation of this Code of Ethics. 16 17 (o) Each public officer pledges to uphold and adhere to the provisions of 18 the Charter of city. 19 20 (p) A public officer shall not knowingly violate any federal, state, or local 21 law, rule or regulation. 22 23 (q) Each public officer serving on the city commission or an advisory 24 board of the city, when appearing before any other governmental body or within the 25 contents of any written communication, pledges to inform the recipient of the oral or 26 written communication that the issue before such governmental body or in writing has 27 or has not been addressed officially by the city commission or the advisory board of 28 which he or she is a member; and further pledges to inform the recipient(s) of the oral 29 or written communication of any official position taken by the city commission or an 30 advisory board and indicate that his or her appearance or written correspondence is or 31 is not authorized by the city commission or an advisory board. When a member of the 32 city commission is representing the city commission before another governmental 33 body, said member of the city commission shall, at a minimum, update the other 34 members of the city commission and the city manager at the next scheduled city 35 commission meeting. 36 37 (r) A public officer shall not disclose confidential information acquired in 38 one's capacity a s a public officer t o others o r u se such confidential information t o 39 further one's personal interests. 40 41 (s) No public officer shall undermine the duties, responsibilities, and role 42 of the city manager, as provided in the Charter and the Code of Ordinances and as 43 assigned by the city commission. 44 45 (t) Each public officer shall disclose all personal relationships in any 46 instance whether there could be a conflict of interest or an appearance of conflict. 6 S :\CA\Ordinances\draft ordinanceXDrafi Code of Ethics-BB.doc CODE OF ETHICS 1 2 (u) Nothing herein shall be construed to apply to the solicitation or 3 acceptance of contributions to the campai.~n of an announced candidate for elective 4 city office, as governed by Chapter 106, Florida Statutes. 5 6 (v) No public officer; however, shall be prohibited from giving or 7 receiving: 8 9 (1) An award publicly presented in recognition of public service; 10 (2) Commercially reasonable loans made in the ordinary course of a 11 lender's business; or 12 {3) Reasonable entertainment, meals, or refreshments furnished in 13 connection with public events, appearances, or ceremonies related to 14 official duties or city government business. 15 16 (w) No public officer shall be prohibited from making an inquiry for 17 information or providing assistance on behalf of a citizen or interested person if no 18 fee, reward, or other thing of value is promised to, given to, or accepted by the public 19 officer or a relative of a public officer, whether directly or indirectly, in return 20 therefor. However, no public officer shall "influence peddle" or use his or her 21 position as a public officer to gain favors or benefits inconsistent with city policy or 22 applicable law on behalf of any citizen or other person. 23 F. Orientation of elected officials. 24 _ 25 26 (a) Newly elected members of the city commission shall, within 27 twelve (12) months of the administration of the oath of office, attend and 28 successfully complete the Institute for Elected Municipal Officials (IEMO) 29 or similar program deemed qualified by the city commission. 30 31 (b) Newly elected members of the city commission shall receive 32 a structural orientation on city government from the city manager and the 33 city attomey within ten (10) business days of the administration of the oath 34 of office. 35 36 G_.:.. Retreats. 37 38 In furtherance of the goals and purposes of the City of Boynton 39 Beach Code of Ethics for Public Officers, on an annual basis, members of 40 the city commission shall attend at least one strategic planning retreat and at 41 least one commission retreat, as scheduled by the city commission in 42 consultation with the city manager. Attendees at these retreats shall be the 43 members of the city commission, the city manager, the city attorney, and 44 those public officers of the city whose attendance is deemed necessary by 45 the city manager. 46 7 i S:\CA\Ordinances\draft ordinance\Draft Code of Ethics-BB.doc CODE OF ETHICS 1 H__ Enforcement. 2 3 Violation of any of the provisions of this article may constitute ~ounds for 4 suspension or removal from office, pursuant to applicable statutory_ and constitutional 5 procedures. Any advisory board member who violates any of the provisions of this 6 article may be removed from any and all boards pursuant to applicable statutes and 7 local ordinances. Any elected public officer that violates the City of Boynton Beach 8 Code of Ethics shall also be subject to censure by a four-fifths vote of the city 9 commission. 10 11 SECTION 3. Severability. Should any section, provision, paragraph, sentence, clause 12. )f word o f t his Ordinance o r portion hereof b e h eld o r declared b y a ny court o f competent 13 urisdiction t o b e unconstitutional o r invalid, in p art o r application, it s hall b e considered a s 14 fliminated and shall not affect the validity of the remaining portions or applications of this 15 3rdinance. 16 17 SECTION 4. Conflicts. T hat all Ordinances o r p arts o f Ordinances, Resolutions or 18 >arts thereof in conflict herewith, be and the same are hereby repealed to the extent of such 19 :onflict. 20 21 SECTION 5. Codification. It is the intention of the City Commission of the City of 22 Boynton Beach, that the provisions of this Ordinance shall become and made a part of the Code 23 of Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance 24 may be renumbered, re-lettered and the word "Ordinance" may be changed to "Section," 25 "Article" or other word or phrase in order to accomplish such intention. 26 27 SECTION 6. Effective Date. This Ordinance shall become effective immediately 28 upon its passage and adoption. 29 30 FIRST READING this __ day of ,2003. 31 8 IS:\CA\Ordinances\draft ordinance~h'aft Code of Ethics-BB.doc CODE OF ETHICS 1 ] SECOND, FINAL READING AND PASSAGE this ~ day of , 3 003. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 21 22 23 Clerk 24 25 26 27 28 ! ,SCA5Ordinances\draft ordinance'Draft Code of Ethics-BB.doc XI. - NEW BUSINESS TTEM A. ORDINANCE 03- AN ORDINANCE PROVIDING FOR AN ETHICS ADVISORY BOARD AND PROVIDING FOR DISPOSITION OF ALLEGED VIOLATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Chapter 112.311, et seq., Florida Statutes is known as the Code of :.thics for public officers and employees, and was enacted because the public interest equires that the public be protected from conflicts of interest and unethical conduct by .,lected and appointed public officers; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to a Code of Ethics governing the City's public officers in the performance of their duties; and WHEREAS, this City of Boynton Beach Code of Ethics is intended to apply to the conduct of elected and appointed public officials of the City of Boynton Beach; WHEREAS, this Code of Ethics will serve as a valuable reference guide for all those n whom the public has placed its trust; and WHEREAS, the City Commission of the City of Boynton Beach has determined that Ihe enactment of a City Code of Ethics is in the best interests of the citizens of the City of Boynton Beach, protects the integrity of City government, fosters public confidence in the actions of the City, and will assist in ensuring that the City's elected and appointed officials abide by the highest ethical standards; and NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Boynton Beach, Florida, as follows: SECTION 1. BOARD COMPOSITION - CREATION; TERMS, AND QUALIFICATIONS: A. Creation and composition~ There is hereby created the Ethics Advisory Board (Board), to be composed of ten members. The Mayor and each member of the City Commission shall appoint two members to the Board. The City Commission shall appoint the chair and the vice chair. ,S'\CAxOrd nancesxdraft ordinancc'xEthics Commission.doc ~ 1 B. Terms of office. All members of the Board will be appointed for a term of one year from date of appointment. All members shall serve until their successors are appointed and qualified. C. Qualifications. A member shall be a resident of the City or shall own and operate a business in the City. Additionally, no member of the Board may be: (1) a city official or spouse of a city official; (2) a city employee or spouse of a city employee; (3) an elected public official; or (4) a candidate for elected public office. (5) a City Lobbyist; (6) anyone having any economic interests with any Commission member or mayor; (7) anyone who has been a paid campaign worker or political consultant for any city commission or mayoral candidate. ;ECTION 2. JURISDICTION AND POWERS; RECUSAL: A. Jurisdiction. The ethics advisory Board shall have jurisdiction to review and make findings concerning any alleged violation of the City of Boynton Beach Ethics Code by any elected official, if a complaint is filed within sixty days after the date of the alleged violation. The Board may not consider any alleged violation that occurred before the enactment of the City Ethics Code B. Termination of City official's. The termination of a city official's term in office renders moot any complaint pending at the end of the official's term. C. Powers. The ethics advisory Board has the following powers only: {S:\CA\Ordinances~lrafi ordinance\Ethics Corrtrrussion.doc ~ 2 ,i (1) To establish, amend, and rescind rules and procedures governing its own internal organization and operations in a manner and form consistent with this article. (2) To meet as often as necessary to fulfill its responsibilities. (3) To receive from the city manager such staff support as they reasonably request to carry out the duties of the Board. (4) To review, index, maintain on file, and dispose of sworn complaints. (5) To make findings of fact as necessary for the disposition of a complaint. (6) To make notifications, extend deadlines, and conduct investigations. (7) The power to request such witnesses and documents as the Board deems relevant. D. Recusal. A member of the ethics advisory Board shall recuse himself or herself only for conflicts of interest as required by Florida Statute Section 286.012. The member shall report the conflict to the Board and refrain from participating in any discussions or voting on the complaint. CTION 3. COMPLAINTS: A. Filing. Any person or the Board on its own initiative believing there has been a violation of the City Ethics Code may file a sworn complaint, under the penalty of perjury, with the City Clerk. The complaint must: (1)identify the person or persons who allegedly committed the violation; (2) provide a statement of the facts on which the complaint is based; (3) to the extent possible, identify the ethics provision or provisions allegedly violated; and (4) identify sources of evidence, if any, that the complainant recommends should be considered by the Board. ~S:\CA\Ordinances\draft ordinance\Ethics Commission.doc 3 B. Confidentiality. Neither the Board nor any Board member shall make any representation or promise of confidentiality. The proceedings of the Board shall be conducted in accordance with the requirements of the Florida's open meeting law, Section 286.011, Florida Statutes. All records of the Board and its members are public records as that term is defined in Chapter 119, Florida Statutes. C. Notification. All Complaints shall be on a form provided by the City Clerk. The City Clerk will receive all complaints, assign a complaint number, and shall then promptly forward a copy of the complaint to all board members and to the person charged in the complaint. The person charged in the complaint shall have the opportunity to submit a sworn statement, together with such other information he or she feels is relevant. D. False accusations and responses. The City Clerk shall, in writing, advise the person filing the complaint that falsely accusing someone of a violation of this chapter may result in civil liability to anyone who knowingly makes a false accusation. E. Summary_ dismissal. (1) Within 21 days after receipt of a complaint the Board members shall meet and make a preliminary finding in an open heating as to whether or not the complaint states a claim under this chapter and is supported by just cause. "Just cause" means such cause as is found to exist upon a reasonable inquiry that would induce a reasonably intelligent and prudent person to believe that a person has committed an act or acts constituting an ethical violation under this chapter. :S ~CA\Ord nances~raft ord nance\Ethics Commission.doc ~ 4 (2) If the preliminary finding is that the complaint does not state a claim under this chapter or does not have just cause, based upon the statements and evidence submitted, the complaint must be dismissed. A determination that a complaint be dismissed can only be made upon the affirmative vote of a majority of Board members present. Written notice of the dismissal must be sent to both the person who made the complaint and the person about whom the complaint was made, identifying the reason or reasons for dismissal. }N 4. HEARING PROCEDURES: A. Evidentiar,/hearing. If a complaint is not summarily dismissed, it will be pursued further at an open heating before the Board. Not less than 10 days before the heating, the Board shall, by certified mail or personal service, give written notice of the hearing to both the person who made the complaint and the person about whom the complaint was made. The notice must state the specific provision or provisions of this chapter alleged in the complaint to have been violated, as determined by the preliminary panel. B. Notice of charges. At the hearing, the Board shall limit its review to the allegation of the complaint and shall not expand its review to any other matter. C. Ex Parte communications. It is a violation of this chapter for: : (1) the complainant, the person charged in the complaint, or any person acting on their behalf to engage or attempt to engage, directly or indirectly, in any ex parte communication about the subject matter of a complaint with a member of the Board; or (2) a member of the Board to: ~:\CA\Ordinances\drafl ordinance\Ethics Cornrmssion-d°c 5 (a). knowingly entertain an ex parte communication prohibited by Sub-section (c)(1): or (b). knowingly communicate, directly or indirectly, with any person, other than a member of the Board, its staff, or its legal counsel, about any issue of fact or law relating to the complaint. D. Duty to cooperate. All city officials and employees shall cooperate with the ethics advisory Board and shall supply requested testimony or evidence to assist the Board in carrying out its charge. SECTION 5. HEARING RULES. A. Hearing on complaints. The rules contained in this section apply to all hearings of the ethics advisory Board on complaints not summarily dismissed. B. General rules. A determination that a violation of this chapter has occurred can be made only upon an affirmative vote of at least three-fifths of the Boards members present and voting, otherwise the complaint must be dismissed. A finding that a violation occurred must be supported by a preponderance of the evidence. "Preponderance of the evidence" means that measure or degree of proof that produces in a person's mind a firm belief or conviction as to the truth of the allegations sought to be established. C. Procedural rules. A quorum of eight Board members must be present for a hearing. Any member of the Board who is not present at a hearing on a complaint may not participate in any discussion, voting, or disposition regarding the complaint. All witnesses must be sworn, and the members of the ethics advisory Board shall conduct questioning of witnesses. , S:XCA\Ordinances\draft ordinance\Ethics Commission.doc 6 The Board is not bound by the rules of evidence and may establish time limits and other rules relating to the participation of any person in the heating, subject to Subsections (d) and (e) of this section. D. Rights of the person charged. The person charged in the complaint has the tight to attend the heating, the right to make a statement, the right to present and cross- examine witnesses, and the right to be represented by legal counsel or another advisor. E. Rights of the complainant. The person charged in the complaint has the tight to attend the heating, the fight to make a statement, the right to present and cross- examine witnesses, and the tight to be represented by legal counsel or another advisor. SECTION 6. DISPOSITION OF COMPLAINT: A. Written decision. The ethics advisory Board shall make all reasonable efforts to issue a written decision within 45 days after receipt of a complaint. The Board shall state its findings in the written decision. The written decision must either: (1)dismiss the complaint, with the grounds for dismissal set forth in the decision; or (2) find that there has been a violation of this chapter and identify in the decision the particular provision or provisions violated. B. Notification. Copies of the findings and decision must be forwarded to the complainant, the person charged in the complaint and any member of the ethics advisory Board who did not participate in the disposition of the complaint. A copy of the findings and decision must also be forwarded to the City Clerk. i S :\CA\Ordinances~draft ordinance~Ethics Commission.doc 7 C. Similar charges barred. If the complaint is dismissed because the evidence failed to establish a violation of this chapter, the Board shall not entertain any other similar complaint based on substantially the same evidence. ~ECTIOi'q 7. REFERRAL OF MATTER FOR APPROPRIATE ACTION AND SANCTIONS: A. Referral. If the Board determines that a violation of this chapter has occurred, it shall deliver a copy of the findings to the complainant, if any, the person named in the complaint and the City Commission. B. Sanctions: 1. If the Board determines that a violation has occurred, it shall proceed directly to determination of the appropriate sanction(s). 2. If the Board determines that a violation has occurred, it may impose or recommend the following sanctions: A. A letter of notification shall be the appropriate sanction when the violation is clearly unintentional, or when the official or employee's conduct complained of was made in reliance on public written ethics opinion of the City Attorney. A letter of notification shall advise the official or employee to whom it is directed of any steps to be taken to avoid future violations. The Board may direct a letter of notification to any official or employee covered by this chapter. B. A letter of admonition shall be the appropriate sanction in those cases in which the Board finds that the violation is minor and/or may have been unintentional, but calls for a more substantial response than a letter of notification. S:\CA\Ordinances\draft ordinance~Ethics Commission.doc 8 C. A reprimand shall be the appropriate sanction when the Board finds that a violation has been committed intentionally or through disregard of this chapter. A reprimand directed to a city official shall also be sent to the City Commission. D. A letter of censure or a recommendation of recall shall be the appropriate sanction when the Board finds that a serious or repeated violation of this chapter has been committed intentionally or through culpable disregard of this chapter by an elected city official. A letter of censure or a recommendation of recall directed to an elected city official shall be transmitted to the City Clerk, published in a local newspaper of the largest ', general circulation and shall be sent to the City Commission. 8. oPINIONS IssUED BY THE CITY ATTORNEY: A elected official who reasonably and in good faith acts in accordance with a written advisory opinion issued by the city attorney may not be found to have violated this chapter by engaging in conduct approved in the advisory opinion, if: A. the person requested the issuance of the opinion; B. the request for an opinion fairly and accurately disclosed all relevant facts; 9. ANNUAL REPORT: The Board shall prepare and submit an annual report to the city commission detailing the activities of the Board during the prior year. The format for the report must be designed to maximize public and private understanding of the Board's operations. The report may recommend changes to the text or administration of this chapter. The City Clerk shall take reasonable steps to ensure wide dissemination and availability of the annual report of the Board. i, S:\C AXOrdinances\draft ordinance\Ethics Coramissi°n'd°c 9 10. PENALTIES AND ENFORCEMENT. GENERAL: The remedies contained in this article are available whenever the Board finds a violation or violations of this chapter. 11. Should any section, provision, paragraph, sentence, clause of word of Ordinance or portion hereof be held or declared by any court °fcompetent jurisdiction to be tutional or invalid, in part or application, it shall be considered as eliminated and shall t the validity of the remain/ng portions or applications of this Ordinance. That all Ordinances or parts of Ordinances, Resolutions or parts thereof conflict herewith, be and the same are hereby repealed to the extent of such conflict. 13. ,!t is..th,.e intent(on of the City Commission of the Ci the provisions of tins ura~nance shall become _ . ~.ty.of Boynton Beach, and made a part of the ~ocle of Ordinances of ,ynton Beach, Florida, and that the Sections of this Ordinance may be renumbered, and the word" ' ,, Ordinance may be changed to "Section," "Article" or other word or in order to accomplish such intention. >tion. 14. This Ordinance shall become effective immediately upon its passage and FIRST READING this ~ day of ,2003. I/S:\CA\Ordinancesktraft ordinanceXEthics Commission.doc SECOND, FINAL READING AND PASSAGE this __ day of , ~.003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~TTEST: City Clerk .\CA\OrdinancesXdraft ordinance\Ethics Commissiondoc 11 XI. - NEW BUSINESS O CITY OF BOYNTON BEA( ITm:bl B. AGENDA ITEM REQUEST FL .... Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Amendment to City's Community Investment Fund policy to be considered by resolution. EXPLANATION: The attached resolution is a proposed amendment to provide a more definitive procedure for the review of requests to use the Community Investment Funds as previously authorized by City Commission policy. The Community Investment Fund was established in 2001 in order to facilitate the City Commission's support for worthy and eligible projects/activities that met a public purpose. The procedure followed in the past called for a member of the Commission to make a request for the use of his or her Community Investment Funds. For the current fiscal year, the amount allocated for each member of the City Commission is $12,500. The funds have been used in the past to support a number of projects that benefit the public. Attached please fred a recap of the uses of the Commumty Investment Fund from 2002 and 2003 to date. PROGRAM IMPACT: The attached resolution endeavors to provide an improved review process for future requests. FISCAL IMPACT: None ALTERNATIVES: Do not change the current policy. Abandon the Community Investment Program. Department Head's Signature ~ -',JC~ty Manager s Signature Department Name City Attorney / Finance / Human Resources S:~BULLETINLFORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 03 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A COMMUNITY INVESTMENT FUND; RESCINDING ALL PREVIOUS RESOLUTIONS AND POLICIES GOVERNING EXPENDITURES OF COMMUNITY INVESTMENT FUNDS; AND PROVIDING AN EFFECTWE DATE. WHEREAS, the City Commission of the City of Boynton Beach desires to establish Community Investment Fund, to provide a source of discretionary funding to support projects and activities in the City which are accessible and beneficial to the citizens of the City; and. WHEREAS, passage of this Resolution will rescind all previous Resolutions and policies governing expenditures of Community Investment Funds; NOW, THEREFORE, BE IT RESOLVED BY TItE CITY COMMISSION OF riie CITY OF BOYNTON BEACH, FLORIDA, TilAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section 2. That the City commission of the City of Boynton Beach does hereby ,'stablish a Community Investment Fund as follows: Establishment of Community Investment Fund Fhe City Commission hereby establishes a Community Investment Fund (CIF). The CIF shall be designated as a specific line item in the City Commission portion of the City's annual budget. Each year, in the annual budget adoption process, the City Commission shall consider an appropriation to the Community Investment Fund. The Commission is not required to appropriate funds to the Community Improvement Fund but when it does, the amount appropriated, if any, shall be available for distribution by the Mayor and City Commissioners in equal amounts only for' qualified programs or projects. By way of example: If the S:\CA\RESO\Estab~/sh Community Inv Funds1 .doc 8/4/03 ~'ommission budgets $100,000.00, the Mayor and each Commissioner may request of $20,000.00. ;e of Community Investment Fund purpose of the CIF is to provide a source of discretionary funding to support projects, and activities in the City which are accessible and beneficial to the citizens of the Due to the broad and diverse nature of programs or projects that may be eligible for from the C~, no specific list of eligible projects, programs, or activities is ~te. :riteria for Eligibility for funding shall be conditioned on a finding by the City Commission that: 1. Public funds should not be used to improve private property unless there is a clear public need, purpose and benefit; 2. The recipient/payee is a resident of the City or is a business entity with offices in the City; 3. A public purpose beneficial to the entire community is served by such donation; and 4. Proper safeguards are being implemented by the City administration to assure that the funds will be used for the stated purpose. findings of the City Commission as to each of these required elements shall be inferred the Commission's approval or disapproval of the requested distribution without the for separate findings. :edures for Consideration of Expenditures procedures for expenditures from the CIF are as follows: S:\CA\RESO\Establsh Community Inv Fundsl .doc 8/4/03 1. The Mayor or any member of the City Commission shall make a verbal request to the City Clerk for the expenditure of funds. 2. The City Clerk shall complete a Community Investment Fund Request Form (form attached as Exhibit "A") and forward it to the Finance Director. 3. The Finance Director shall determine the availability of funds, complete the portion of the form documenting same, and forward the form to the City Manager. 4. The City Manager or his/her staff shall evaluate the proposed expenditure to determine if constitutes a proper expenditure of public funds and coordinate overview of the use of funds. The City Manager shall complete the Request Form and the item shall be added to the next Commission agenda. 5. The City Commission shall act on the request for expenditure by approving or disapproving the agenda item. )iscretionary Nature of Commission Action decision of the City Commission to approve or disapprove a requested distribution of ~'ommunity Investment Funds is discretionary and is not subject to appeal, review or ge. Section 3. That any and all previous Resolutions and/or Policies governing expenditures Community Investment Funds are rescinded. Section 4. That this Resolution will become effective immediately upon passage. S:\CA\RESO\Establish Community lnv Funds l .doc 8/4/03 PASSED AND ADOPTED this day of August, 2003. CITY OF BOYNTON BEACH, FLOP,~A Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Corporate Seal) :\CA\RESO\Establish Community lnv Funds 1 .doc /4/03 EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM I- Summary of Request (to be completed by City Clerk) of Request: uested by Mayor/Commissioner: Requested:$ project, program, or activity to be By: City Clerk Il-Availability of funds (to be completed by the Finance Director) annual appropriation of funds available to the requesting Member of thc Commission listed above is $ $ has been used to date the requesting Member, leaving a balance of available funds of ~gly: a There arc funds available as requested a There are insufficient funds available as requested. By Finance Director III- Eligibility Evaluation (to be completed by City Manager) The proposed expenditure of funds will not result in improvement to private property; The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of thc City; and ~ Proper safeguards will bc implemented to assure that the public funds being appropriated will bc used for the stated purpose. Dated: By: City Manager S:\CA\RESO\Establish Community Inv Funds I .doc 8/4/03 Community Investment Funds2002/2003 Amount Function Approved Mayor 500 Poinciana - Odyssey of the Mind 5-20-03 Fcrguson 500 Poinciana- Odyssey of thc Mind 5-20-03 5000 YMCA Partners w/Youth Program 7-15-03 4000 Community Caring Center 7-15-03 McCray 2,000 Boynton Beach Head Start Program 3-18-03 2,000 Heritage Festival Coronation Ceremony 1-21-03 500 Festival on the Lawn/Education Exhibits 1-21-03 500 Poinciana- Odyssey of the Mind 5-20-03 1,000 PAL 12 Year Old Basketball team 5-20-03 McKoy 1,500 Heritage Festival Parade Committee 2-18-03 500 Poinciana- Odyssey of the Mind 5-20-03 1,000 PAL 12 Year Old Basketball team 5-20-03 Weiland 2,000 Poinciana - Odyssey of the Mind 5-20-03 4,000 Library Youth Services Books & Material 5-20-03 1,000 American Legion Baseball 7-15-03 5-20-03 7-17-03 09117102 COMMUNITY INVESTMENT FUNDS Meeting Date Item Amount Status 2001/02 APPROPRIATIONS: Mayor Broeninq 10/01/01 Appropriation 12,500 03/05/02 Library Donation Account 12,500 Complete Balance Commission Fer.quson 10/01/01 Appropriation 12,500 03/05/02 Library Donation Account ; 1,000 Complete 05/21/02 YMCA- Partners w/Youth Program 5,000 Complete 05/21/02 Community Caring Center of Boynton Beach, Inc 4,000 09/03/02 Women's Club 1,000 Complete 09/03/02 Library Expansion 1,000 Complete 09/03/02 MADDADS 500 Complete Balance . Commission Fisher 10/01/01 ^ppropriation 12,500 03/05/02 Library Donation Account 1,000 Complete 05/21/02 YMCA - Spring Fling Program 1,500 Complete 06/18/02 Boynton Beach CDC 500 Complete 07/02/02 Shawanna Foster - tdp to Washington, D.C. 200 Complete 09/03/02 Holiday Tree 3,000 Complete -- 09/03/02 Boynton Beach Little League 1,000 Complete 09/03/02 Senior Center Programs 1,000 Complete 09/03/02 City school supply drive for elementary schools 2,000 09/03/02 MADDADS 500 Complete 09/03/02 Advisory Board on Children & Youth Expo in the Mall 1,800 Complete Balance . Commission McCray 10/01/01 Appropriation 12,500 17./18/01 Books for Public Library 2,000 Complete 12/18/01 1913 Schoolhouse Museum - Headstart students to utilize the Museum without paying admission 1,000 Complete 03/05/02 Library Donation Account 1,000 Complete 06/18/02 Boynton Beach CDC 500 Complete 07/02/02 Shawanna Foster - trip to Washington, D.C. 800 Complete 09~03~02 MADDADS 3,000 Complete 09~03~02 Boynton Beach Little League 500 ~ Complete 09/03/02 Garden - Bruce Black 1,000 Balance 2,700 Commission Weiland 10/01/01 Appropriation 12,500 03/05/02 Library Donation Account 1,000 Complete 04/02/02 Children and Youth Advisory Board - annual recognition dinner 1,000 Complete 09/03/02 Boynton Beach Little League 5,000 Complete 09/03/02 YMCA- Planting Seeds for Future Campaign 2,500 Complete 09/03/02 Garden- Bruce Black 3,000 Balance . Xz. - NEW BUSZNESS ZTEM C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to CiW Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Allocation of Community Investment funds requested by Commissioners Carl McKoy and Commissioner Mack McCray, $1,000 each and Mayor Gerald Broening, $2,000. (Move agenda Item from Consent Item F to New Business to follow consideration of Revised Community Investment Resolution) EXPLANATION: Commission approval for allocation of $1,000 each of Community Investment funds for the Carolyn Sims Annual Family Day Picnic on Saturday, August 9, 2003. Total allocation will be $2,000. PROGRAM IMPACT: Allocation of funds will assist the above program. FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $12,500 in Community Investment Funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature Department Name City Attorney / Finance / Human Resources S:~BULLET1N~ORMSXAGENDA ITEM REQUEST FORM.DOC XI. - NEW BUS~NESS ~TEf4 D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Allocation of $1,000 from Community Investment Fund on behalf of Commissioner McCray. Allocation of $5,000 from Community Investment on behalf of Mayor Broening. EXPLANATION: This is a program that is in addition to the traditional school supplies effort, which is privately funded. The purpose of the 2003 School Curriculum Resource Program is to provide educational resource materials for schools to be used in the classrooms of public schools in Boynton Beach. The resources may be used to assist students in refining skills to improve FCAT scores and can include software, resource books or other educational tools. The funds may not be used for school supplies or furnishings. PROGRAM IMPACT: The intent of the program is to provide direct assistance to public schools in Boynton Beach working on specific skills improvement effort for the 2003-04 FCAT testing. FISCAL IMPACT: Funds are available in the 2002-03 Budget. ALTERNATIVES: Do not approve the request. Department Head's Signature City Manager s Signature Department Name City Attomey/ Finance / Human Resources S:~BULLETINhFORMSXAGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request (to be completed by City Clerk) Date of Request: 07/31/03 Requested by Mayor/Commissioner: McCray Amount Requested: $1,000 Recipient/Payee: 2003 School Curriculum Resource Funding Description of project, program, or activity to be funded: This is a program that is in addition to the traditional school supplies effort, which is privately funded. The purpose of the 2003 School Curriculum Resource Program is to provide educational resource materials for schools to be used in the classrooms of public schools in Boynton Beach. The resources may be used to assist students in refining skills to improve FCAT scores and can include software, resource books or other educational tools. The funds may not be used for school supplies or furnishings. City Clerk Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commissioh listed above is $12,500. $6,000 has been used to date by the requesting Member, leaving a balance of available funds of $6,500. Accordingly: a There are funds available as requested a There are insufficient funds available as requested. ir Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) a~' The proposed expenditure of funds will not result in improvement to private property; a"' The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; ' u The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all resident'~'of the City; and ~ Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the state~d purpose. OO ' I - O ~ By:-~]f''ti~u 1'~./,.,4.4,',--a~'~~_ _ Dated: City Manager C:\Documents and Settings\bressnerk~My Documents~McCraySchooICommlnvCheckshect080503.doc 8/1/03 Public (,qon-charter) schools located within the city limits of Boynton Beach: Forest Park Elementary Galaxy Elementary Poinciana Elementary Rolling Green Elementary Freedom Shores Elementary Crosspointe Elementary Congress Middle Boynton Beach Communib/High South Tech High Schools located outside the city limits but having some Boynton Beach residents as part of their attendance boundaries: Citrus Cove Elementary Plumosa Elementary Odyssey Middle (has a lot of our Middle School students) Woodlands Middle Atlantic High Santaluces High EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request (to be completed by City Clerk) Date of Request: 08/04/03 Requested by Mayor/Commissioner: Broening Amount Requested: $5,000 Recipient/Payee: 2003 School Curriculum Resource Funding Description of project, program, or activity to be funded: This is a program that is in addition to the traditional school supplies effort, which is privately funded. The purpose of the 2003 School Curriculum Resource Program is to provide educational resource materials for schools to be used in the classrooms of public schools in Boynton Beach. The resources may be used to assist students in refining skills to improve FCAT scores and can include software, resource books or other educational tools. The funds may not be used for school supplies or furnishings. Dated: 8-S-O~ By: ~ ~. ~ ~ City Clerk Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,500. $500 has been used to date by the requesting Member, leaving a balance of available funds of $12,000. This request would bring the available amount down to $7,000. In addition, there is another request pending for $2,000 and another pending request of $5,000 bringing the balance available, if all were approved to $0. Accordingly: ca There are funds available as requested ca There are insufficient funds available as requested. Dated: c3- % -O~ By: ~.,o.~ ~ Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) ua The proposed expenditure of funds will not result in improvement to private property; ~ The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; la~ The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ca Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. C:\Documents and Settings\bressnerkWly Documents~BroeningSchoolCommlnvChecksheet080503.doc 8/4/03 ~ ~"~,~ 0w e~}'~'C 'City Manager C:\Documents and Settings\bressnerkhMy Documents~BroeningSchoolCommlnvChecksheet080503.doc 8/4/03 XL - NEW BUS~NESS i'TEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Review of off-premise business sign for car wash at Gateway and Federal. EXPLANATION: The owner of the Texaco station at Gateway and Federal wishes to construct a car wash on property he owns. The gas station is a legal non-conforming use, which means that it can continue to operate but the premises cannot be expanded. In order to construct a car wash on an adjacent lot, the owner of the gas station created a separate business entity to construct and operate the car wash. The owner of the gas station, who is also owner of the business enterprise proposed to operate the car wash has requested that the City Commission authorize the installation of the words "Car Wash" onto the existing Texaco sign. The staff has advised the owner of the gas station that the addition of the car wash signage to the existing Texaco sign is an off-premises sign, which is currently prohibited in Boynton Beach. A copy of a recent letter from the City Attorney to the owner is attached. PROGRAM IMPACT: Approval of an off-premise sign would require an amendment to the City's code. This will require very careful review to make sure that unintended consequences do not arise with allowing off-premise signs. FISCAL IMPACT: None ALTERNATIVES: Allow City Manager and City Attorney to develop alternative method to deal with the issue that would not involve a possible precedent setting sign. Department Head's Signature t~l~ty Manager s Signature Department Name ! City Attorney(/~inance / Human Resources S:~BULLET1NWORMS~AGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach OFFICE OF TIlE CITYATTOR~VEy 100 E. BO }'.XrTO.V BE.4 (TH BOI'LEVARD 1~,0. BOX310 ' ~l~~ : tS81i 74g-6050 July 22, 2003 Texaco Gateway Attention:. Zuhair Marouf 2360 N. Federal HWY. Boynton Beach, FL 33435 Re: Texaco Signage Dear Sir: I am advised that you have made inquiry regarding whether you can add additional signage on the existing sign pole below the area now identified as "Texaco" to provide identification for the ca: wash operation that operates adjacent to the gas station. Although I do not have the measurements of the existing sign, I am told it appears to be at or above the maximum allowable size. Assuming that it is, no additional sign area can be added. Ordinarily an existing sign face could be altered (the "Texaco" letters could be made smaller to allow for the word "car wash") but your situation is unique as the car wash is offsite operation. The City Code prohibits offpremises signage. It is the determination of the City's Planning and Zoning Director that the gas station, being a non-conforming use, cannot be combined with the adjacent car wash for the purpose of creating an on-site qualification for the proposed signage for the car wash. Perhaps there are some other facts that I am not aware of that would change our consideration of your request. If you have additional information, please do not hesitate to contact me. Very truly yours, James A. Cherof City Attorney C:\Documents and Settings\bressnerk\Local Settings\TemPOrary [ntemet Files\OLKD~revised Itt 072203.doc A3IERICA 'S GATEIVA Y TO THE GULFSTREA~I "TEXACO" LOGO AND LETTERING - · EXISTING SIGNAGE 2~t. T6 ,,, EXISTING SIGNAGE ~,~.~ 22.7~' i ' ,z.._ OPEN ,~ 20.76' ! , Car "Car Wash" - NEW SIGNAGE '~' LOPEN ._7 ~ ~ 0(~7 EXISTING SIGNAGE ~' ~0 ~] ~(~ "Diesel" PRICE INDEX- __.~.~6' EXISTING SIGNAGE ' 0.00' EXISTING GRADE 8'. 6'-8, 8'EXISTING $1GNAGE WI ~ ~ PROPOSED ADDITION ' 114 SC. GATEWAY TEXACO 2360 NORTH FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA 3.3435 Xi*. - NEW BUSINESS ITEM F. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Allocation of Community Investment funds requested by Mayor Gerald Broening for $5,000. EXPLANATION.' Commission approval for allocation of $5,000 for school supplies for the 2003-04 School Season. The staff does not believe providing school supplies qualifies under the Commission Resolution, as amended. PROGRAM IMPACT: Allocation of funds will assist provide school supplies to students who may not have access to them. FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $12,500 in Community Investment Funds to allocate subject to Commission approval. ALTERNATIVES: Authorize the requested use as a policy decision based on Commission interpretation of the enabling resolution. Department Head's Signature v Q~tty Manager's Signature Department Name City Attorney / Finance / Human Resources SSBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request (to be completed by City Clerk) Date of Request: 08/04/03 Requested by Mayor/Commissioner: Broening Amount Requested: $5,000 Recipient/Payee: 2003 School Supply Funding Description of project, program, or activity to be funded: The proposed funding is for the purchase of school supplies for students for the 2003-04 School year. Dated: ~-~'-05 By':./~.t~Z,~. ~ ~ City Clerk Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,500. $500 has been used to date by the requesting Member, leaving a balance of available funds of $12,000. This request would bring the available amount down to $7,000. In addition, there is another request pending for $2,000 and another pending request of $5,000 bringing the balance available, if all were approved to $0. Accordingly: ~ There are funds available as requested ca There are insufficient funds available as requested. Dated: ~-55-O3 By: ~ ~~ Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) ca The proposed expenditure of funds will not result in improvement to private property; c2 The recipient/payee is a resident of the City of Boynton Beach or is a legal '~''--~)'''~'-''' entity with offices in the City of Boynton Beach; ca The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ca Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated p"grpose. Dated: C~\~--I~ By: ~[/ City Manager C:'~Documents and Settings\bressnerk'4Vly Documents~BroeningSchooSupplylCommlnvChecksheet080503.doc 8/4/03 XII. - LEGAL A " CITY OF BOYNTON BEA ITEM A. 1 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Tamed Requested City Commission Date Final Form Must be Turned Meeting Dates in to Ciw Clerk's Office Meeting Dates m to Ciw Clerk's Office [] August 5, 2003 July 14., 2003 (Noon.) [] October 7, 2003 September 15, 2003 [Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noont~..' '7:. r...,~ [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noc~ f"- [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (No~ ~ [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business '-&-- r~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the August 5, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City comrmssion with a unanimous vote on July 15t~ First Reading, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03o 131. EXPLANATION: PROJECT: DiLorenzo Abandonment (ABAN 03-002) AGENT: Beril Kruger, Planning and Zoning Consultants OWNER: Nicholas and Carmela DiLorenzo LOCATION: 902 N. Federal Highway DESCRIPTION: Request for abandonment of the 20-foot wide alley lying east of and adjacent to lots 24, 25, and 26, Block 4, Lake Addition to Boynton, and the replacement with a utility easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNA~ N/A ~ / J_-- // ~ l~l~nnmg and Zoning Director City Attorney / Finance / Human Resources S:~Planning~SHARED\WP~PROJECTS~DiLorenzo ABAN",Agenda Item Request DiLorenzo Aban 03-002 2nd reading 8-5-03.dot S:~BULLETINMCORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORDA, AUTHORIZING ABANDONMENT OF A PORTION OF A 20 FOOT WDE ALLEY, LYING EAST OF AND ADJACENT TO LOTS 4, 25 AND 26, BLOC 4, LAKE ADDITION TO BOYNTON, SUBJECT TO STAFF COMMENTS; AUTHORIZING EXECUTION OF A DISCLAIMER, WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the applicant and agent for Nicholas and Carmela DiLorenzo, Be/il Kruger, is requesting the abandonment of a portion of a 20 foot wide alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, the Community Redevelopment Agency, and the City Commission on the proposed abandonment; and WHEREAS, the 20-foot wide alley will be converted to a utility easement equivalent in width to the existing alley, and when abandoned the lot/easement will revert to the adjacent property owners; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, d ocs hereby abandon a portion of a 20 foot wide alley, lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton subject to staff comments, which will be converted to a utilities easement equivalent in width to the existing alley, and is more ~articularly described as follows: A segment of that certain 20-foot alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book 11, Page 71 of the Public Records of Palm Beach County, Florida. Section 3. The City Manager is hereby authorized and directed to execute and $:\CA\Or(~i nce$~ADandonment$\[~kotellzo Alley ai~andonment~oc Ii liver the attached Disclaimer and cause the same to be filed in the Public Records of Palm tch County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this I~' day of ~, 2003 SECOND, FINAL READING AND PASSAGE THIS day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner T: City S:\CA,,Orclila~n~ ces,,,Abandonment$\DiLm-enzo AJley abandonment.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of a 20 foot wide alley, subject to staff comments, and more particularly described as follows: A segment of that certain 20-foot alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book 11, Page 71 of the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this __ day of July, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Kurt Bressner, City Manager City Clerk STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kun Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, a nd acknowledged t he execution t hereof t o b e t heir free h and and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this __ day of July, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: S:~CA\Ordmancesg,~J~andonment$\D, Lorenzo Alley aban~onment.cloc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-131 TO: Chairman and Memcers Community Redevelopment A~ency ---card THRU' ,Michael W. Rumpf ~\~ ~ Planning and Zoning Director FROM: Maxime Oucoste-Am~d~e ¢~ Planner DATE: May 28, 2003 SUBJECT: Abandonment of a 20-foot wide alley lying east of and adjacent to Lo~s 24, 25 and 26 Block 4, Lake Addition to Boynton (ABAN 03-006). NATURE OF REQUEST The applicant and agent for Nicholas and Carmeta OiLorenzo, Beril Kruger, is requesting to abandon a portion ~- =. 20-foot wide alley located between N.E. 8~" Avenue and N.E. 9'''~ Avenue. This request to abandon a ,c alley ,,vas submitted on March 6, 2003. This abandonment is for the following unimproved clatted alley segment.: A segment of that certain 20-foot alley lying east of and adjacent to Lots 2~., 25 and 26 Block 4, Lake Addition to B([ynton, according to the plat thereof as recorded in Plat Book 11, Pac~e 71 of the Public Records of Palm ~3each Count'/, Florida. The Icca'.icr~ map a~ached as Exhibit "A" shows the general vicinit,/of the street right-of-way to be abandoned. The a~achec Exhibit "B"-"Proposed Abandonment" shows the location of the suoject property and includes a detailed location of the alley to be abandoned and its [ecjal description. The following is a description of the zoning districts and land uses of the properties that surround the subject .-equest. North - A vacant parcel recently approved for an office/retail building (Schnars Business Center) zoned MU-L and farther north, N.E. 9~' Avenue right-of-way; South - A retail commercial building, zoned C-4; East A single-family neighborhood, zoned R-l-A; and West North Federal Highway right-of-way, and farther west. a vacant retail commercial building, zoned C-4. BACKGROUND n March of 1925, the Plat of Lake Addition to Boynton ,,vas approved. It included several 20-foot wide alleys :edicated to ~he perpetual use by the public, reserving unto the developers or successors the right of reversion f not used as such. As such this clause is in favor of the original interest party, if any right of way is abandoned. :ursuant tc Florida Statutes Sections 117.085, reversions contained in plats recorded prior to Juty *,, 1972 :ramCum ,No. PZ 03-131 q ,'could be extinguished if specific action were not taken to esta~,'lish such r:gnts on or :efcre Jul,/ ~. 1 ~ f .~. ~ . re~,,cc cr cib/'s lecal deoammenL ~he ~cc!ica~: sca~l orovice a cot ,ak_n acc orov~ding assurance that. in the even~ :cat a future ~itle ~ssue acses from the a~accccment as ' ~ta..s to the reversicnam/interest, the orcsemy' owner snail :rovide any recuirec defense c~ ~t s: ~ts sc~e ccs~ ann expense. The pro0em/located on the west side of the alley segment to be abandoned has been subject to several code violations from the C~'s Code Enforcement Division because of dumping ~n the subject alley. The asolicant has the intention of vacating the 20-foot alley ~o consolidate it with Lots 2~, 25 and 26. That pompon of the segmen~ once vacated, will be fenced to ~revent future illegal dumping. The 20Zoot wide alley as shown on the su~ey will be conve~ed to a util~ easement equivalen~ in width to the existing alley. When abandoned the lo,easement wilt reve~ to the adjacent prope~ owners. ANALYSIS ~ursuant to Chapter 22, A~icle III, Section 4, public notice was given to the pro~e~ owners that abut the nght- of-way to be abandoned, all utili~ companies have been notified and the request has been adve~ised in the newspaper. A summa~ of the responses from the utilib/companies and nib/staff is as follows: ¢'"-'v DEPARTMENTS/DIVISIONS Engineering No cojec:ion Public Works/Utilities Approval with conditions (see Exhibit "C") Planning and Zoning No objection -PUBLIC UTILITY COMPANIES Florida Power and Light A2oroval with concitions (see Exhibit "C") BellSouth - Approval with conditions Florida Public Utilities Company - No objection Ca01e Company (Adelphia) - Apbroval with conditions (see Exhibit "C") Cable Company (Comcast) - N/A RECOMMENDATION Staff has determined that the subject alley no longer ser'~es a public purpose, and therefore recommends ~ha~ :his request to abandon the segment of the 20-foot wide alley as described aOove, be approved, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Community/ =,edevelooment Agency Board and the Commission will be placed in Exhibit "D" - Conditions of Approval. Central File Location Map ^ ~, ,, -, E,'(H i ~ I¥ """ DiLorenzo ~,~,~,'~ 03-006 ~' / / / NE 9TH AVE C/, / ~ MU R1A ,. , = CHAIN LINK ~'E. vCE o~.~.c~o ~,'ur~ ...,..e~ MAP OF BOUNOAP, Y 5URI/E','' PAl.,".. O. ?NG~- c r,,NC EASf Of ~NO ~OJACENr rO Lor~ 2~. 25, 4,,,0 L,4NO SURVEYORS ~ALM 8E~CH COUNTY. FLOR/OA (5~t) 27~-~50t 712-I279 Fa ~ 275-2Jg0 uar 2~. 2002 I "= EXHIBIT lphia E~gineering Department [401 Northpo~t ?a. rk-,v.~y West Palm Beach, Fl 33047 Febr,ar7 2 I, 200:3 Bec'il Kruger Ptann/n~h& Zoning Counsult=nt.s 9 NE. 16' $~'eet Del.ray Beach, FI .:CE: Latter of Abandoment i.e.: Lot 24 thru 26, Block-4, Lake Addition to Boynton Beach, According to the Plat thereof as Recorded in Plat Book ! i, Page TI, O£ tl~e Public Records of Palm Beach County, Florida. Dear Mr. tCruger. In revie'a'ing your reqtt~st on t.ke above r~£. project, Adelpki~ ( WPB )...has :co objections ia ti'cc aba.ndorzing of easement to the above legal description, as long a~ facilities ar~ granted the proper easements. We l'mve £acii£tie.s on thc norxlq cas: section that require proper easements. Si~ould you b. ave a..qy other questions, pleas: f::t ~:e :o call me -.: ~.-5e51-65d-8932 / N,u_,-~ber~- [-561-640-3996 / e-mail Mr. Beril Kruger Befit Kruger Ptannin & Zoning Consultants 9 NE I6th St. Deiray Beach, FL 33444 P.E: N.D. Auto, 902 N. Federal Hwy., Boynton Beach, FL .33435 )ear N~'. P[¢~a be ad,.'ts~d the Florida Publ. ic Lrtii[ti~s Company has no objection to the ab~demment of the" ;" e easement described in your letter. At the present time, we have no under~ound gas distribution facilities located within the iimits of thc proposed abandonment. cc.: D.E. Pettico C.C. Canino EXHIBIT "C" @'BELLSOUTH ~]eil$oulh ?e~ecommumc;~om:. Inc. ENUINEEi:!ING OEPT. - RM. ZO2~ ~0. MIUTA~Y T~AIL ','ZEST =AL~,I 3EAC:~. FL 33415 July 11, 2002 Mr. Beryl Kruger 9 Northeast 16~" Street Oelray Beach, FL 33444 ' IRE: NOTIFICATION OF UTILITY PROVIDER LETTER FOR ABANDONMENT OF ALLEY N. D. AUTO, 902 NO. FEDERAL HIGHWAY, BOYNTON BEACH, FL Dear Mr. Kruger: BellSouth does object to the abandonment of the alley right-of way due to our existing facilities in said right-of-way. If you execute a utility easement document that encompasses our existing facilities then we will have no objection to the abandonment of the alley right-of-way. If you require any additional information, please call me at 561-439-9118. Yours truly, Michael F. Koenig ,~' Specialist- OSPE MFK:is EXHIBIT "C" August 5, 2002 Beril Kruge, Pta~ming & Zoning CounsuItants 9 NE. 16th :;freer De[ray Beat's. Fl. 33444 RE: Legal [':scriptiort: Lots 24 it, u 26, Block-4, Lake Addition to Bo?-nton Beach, According t,~ the Plat Thereof as I ecorded in Plat Book 1 I, Page 71, of the Public Records o f Palm Beach County, F:orida. Dear >ir. K, uger: .... ' object!ohs L,~ '.'-~ ~?~ndorJ_r'.~ or' easements to the above Florida Po~ ie?l descri[ aloft, as Long as Florida Power & Light facilities are granted the proper easements. W'e lmve facilities on the north east section of lot 24 tMt require proper easCrllcnts. Cus~tomer Pr jo'cct Manager EXHIBIT "D" Conditions of Aaoroval Project name: DtLorenzo File number: ABAN 03-006 DEPART.MENTS ] i'NCLL'DE , R_EJECT PUBLIC WORKS- General Comments: l. The proposed replacement easement shall be no less in width than the X existing alley. The twenty (20) foot ;vide alley shall be replaced with a twenty (20) foot utility easement. PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE , Comments: None X ENGINEERING DIVISION X Comments: None BUILDING DIVISION' , Comments: None X P.&RKS AND RECREATION' , Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X _ PLANNING AND ZONING _ Condmons of Approval Comments: 2. No structures shall be constructed or Iandscaping placed within the utiliD' easement v~khout express written consent of ail legal entities occupying said easement. PRIVATE UTILITIES Comments: _3. Adelphia has no objections to the abandonment as long as Adelphia facilities are granted the proper easement. 4. Florida Power & Light has no objections to the abandonment as long as Florida Power & Light facilities are granted the proper easement. Florida Power & Light have existing facilities on the north east section of Lot 24 that require proper easements. 5. Florida Public Utilities Company has no objections to the abandonment. F.P.U.C. have no underground gas distribution located within the limits of the proposed abandonment. 8. Bellsouth objects to the abandonment of the alley right-of-way due to Bellsouth existing facilities ir. said right-of-way. If a utility easement document that encompasses Bellsouth existing facilities then we will have no objection to the abandonment of the alley rig, hr-of-way. ADDITIONAL COMML~'ITY REDEVELOPME*'T AGENCY BOARD CONDITIONS C o mments: l. None ADDITIONAL CITY CO,MMISSION CONDITIONS Comments: t. To be deterrruned. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: OiLorenzo Abandonment APPLICANT'S AGENT: Beril Kruger- Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 NE 16'* Street Delray Beach, FL 3344,.4, DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 17, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of a segment of that certain 20-foot alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book 11, Page 71 of the Public Records of Palm Beach County, Florida. LOCATION OF PROPERTY: 902 North Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant . HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk XII.- LEGAL ITEM B.1 CITY OF BOYNTON BEA AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Me~eting._.Q.~fi ~k's Offic__.__qe ~Date~ss in to Ci Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (No~ ~...~. -~1 [] Administrative [] Legal [] New Business NATURE OF [] Announcement AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] PublicHearmg [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the August 5, 2003 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission with a unanimous vote on July 15 under Public Hearing, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03o 13 3. EXPLANATION: Villas at Quantum Lakes Phase III (ABAN 03-003) PROJECT: Robert S. Fike AGENT: Quantum Lakes Villas II, Corporation OWNER: LOCATION: South of Gateway Boulevard; West of High Ridge Road DESCRIPTION: Request for abandonment of a 12-foot wide utility easement as required for the construction of the recreation area of Phase III of the apartment complex. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A r City Manager's Signature City Attorney / Finance / Human Resources S:LPlanning~SHARED\WPLPROJECTS\VilIas at Quantum Lakes aka Grotto Bay\ABAN 03-003\.Agenda Item Request Villas ~ Quantum Lakes Phase iii ABAN 03-003 8-5-03.dot S:~BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 03 AN ORDINANCE OF THE CITY OF BOY-NTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT O F A PORTION O F A 1 2 FOOT UTILITY EASEMENT (NO. 03-003), FOR THE PROJECT KNOWN AS VIZLAS AT QUANTUM LAKES PHASE III; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTWE DATE. WHEREAS, the applicant, Robert S. Fike of Olean Development Corporation, is requesting the abandonment of a 12-foot wide utility easement that currently runs in a north-south direction, being a portion of Lots 66 and 67A, and is more particularly described in the attached Location Map, attached as Exhibit "A"; WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF' BOYNTON BEACH, FLORIDA THAT: Section 1_. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a 12 foot utility easement, located south of Gateway Boulevard and west of High Ridge Road, more particularly described as follows: A portion of the East 6.00 feet of Lot 66 together with a portion of the West 6.00 feet of Lot 67-A, same also being a portion of the certain 12.00 foot utility easement shown on the plat of Quantum Park at Boynton Beach, P.I.D., Plat No. 9, according to the plat thereof as recorded in Plat Book 60, Pages 32 and 33 of the Public Records of Palm Beach County, Florida, containing 2,071 square feet. Section 3. The City Manager is hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. ' I :\CA\Ordlnances~Abanclonments~Quanturn 12 fool utility easement.doc FIRST READING this .... day of ,2003 SECOND, FINAL READING AND PASSAGE THIS day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA\Ordinances~Abandonments\Quantum 12 foot utility easement.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a 12 foot wide utility easement, located, located south of Gateway Boulevard and west of High Ridge Road, subject to Conditions of Approval, and more particularly described as follows: A portion of the East 6.00 feet of Lot 66 together with a portion of the West 6.00 feet of Lot 67-A, same also being a portion of the certain 12.00 foot utility easement shown on the plat of Quantum Park at Boynton Beach, P.I.D., Plat No. 9, according to the plat thereof as recorded in Plat Book 60, Pages 32 and 33 of the Public Records of Palm Beach County, Florida, containing 2,071 square feet. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this __ day of August, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Kurt Bressner, City Manager City Clerk STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. S:\CA\Ordinances~Abandonments\Quantum 12 foot utility easement.doc WITNESS my hand and official seal in the said State and County this ~ day of August, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\Ordinances'~Abandonments~Quantum 12 foot utility easement.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-133 TO: Chairman and Members Community Redevelopment Agency i3oard THRU: Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP ~/X Planner DATE: June 16, 2003 SUB.1ECT: Abandonment of a 12-foot wide utility easement (ABAN 03-003). NATURE OF REQUEST The agent, Robert S. Fike of Olen Development Corporation is requesting to abandon a 12-foot wide utility easement that currently runs in a north-south direction. Six (6) feet of the 12-foot wide easement lay on Lot 66 and the other half lies on Lot 67-A. This request to abandon the utility easement was submitted on April 22, ?003. It is described as follows: A portion of the East 6.00 feet of Lot 66 together with a portion of the West 6.00 feet of Lot 67-A, same also being a portion of the certain 12.00 foot Utility Easement shown on the plat of QUANTUM PARK AT BOYNTON BEACH, P.I.D., PLAT NO. 9, according to the plat thereof as recorded in Plat Book 60, Pages 32 and 33 of the Public Records of Palm Beach County, Florida, containing 2,071 square feet. The location map attached as Exhibit "A" shows the general vicinity of the utility easement to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North: Undeveloped Quantum Park Lots earmarked for commercial development known as Quantum Park & Village South, designated with a Nixed-Use (MU) land use option, zoned PID, then farther north is the right-of-way for Gateway Boulevard; South: Developed Quantum Park Lots 101 & 62 known as Villas at Quantum Lakes with a Nixed- Use (MU) land use option, zoned PID, the Sand Pine Preserve, and Quantum Park Lots 68-A & 68-B with an Office / Industrial (OI) land use option, zoned PI:D; East: Right-of-way for High Ridge Road and farther east is vacant Quantum Park Lots 81 & 82 with an Office / Industrial / Commercial land use option, zoned PID; and West: A portion of Quantum Park Lot 62 and all of Quantum Park Lot 101, earmarked for commercial development known as Quantum Park & Village South with a Mixed-Use (MU) land use option, zoned PI:D, then farther west is the right-of-way for Gateway Boulevard. Page 2 ,Memorandum No. PZ 03-133 ~BAN 03-003 BACKGROUND ~n February of 2000, the Quantum Park DR]: Master Plan Development Order 310 changed the land use option of Quantum Park Lots 59 through 67-C to allow for "l',lixed-Use" developments. The Mixed-Use (MU) land use option allows office, commercial, and residential uses. The City Commission approved the site plan (NWSP 00- 016) known as Quantum Park Grotto Bay at Bermuda Place on December 19, 2000. This site plan would become the first phase of a three (3)-phase apartment complex. The location of the subject easement did not impact the changing of the land use options and the approval of the first phase of the apartment. On November 6, 2001, the City Commission adopted Ordinance 01-054 approving Amendment #12 of the Quantum Park DR]: Master Plan Development Order. Amendment #12 changed the Master Plan to eliminate a portion of Quantum Lakes Drive, thereby creating new quantum Park Lots 100 and 101. Both lots would have a (MU) land use option. On Februaw 5, 2002, the City Commission approved a Major Site Plan Modification (MSPM 02-002) known as the Villas of Quantum Lakes. This major site plan modification included the abandonment of Water Management Tract "P" and Tract "Q" of Quantum Park. This new area (2.9:~ acres) coupled with Gro~o Bay (15.16 acres) totals 18.07 acres. ]:t also added 42 more apartment units for a total of 314 apartment units. This major site plan modification (MSPM 02-002) would become the second phase of the three (3) -phase apartment projects. This location of the subject utility did not impact the second phase of the apartment proje~. However, on September 3, 2002, the City Commission approved a Subdivision Master Plan (SBHP 02-001) for quantum Park Lots 62 through 67-C (excluding a portion of 658) and Lot :~00. The Subdivision Master Plan, known as Quantum Park & Village South included 132,032 square feet of commercial area and 234, apartment units. The subject 12-foot wide utility easement currently runs in a north-south direction and traverses between quantum Park Lots 66 / 67-A to the south and Lots 64 / 65-B to the north. Essentially, this easement runs from Quantum Lane to Gateway Boulevard. The subdivision master plan showed that the location of the ].2-foot wide utility easement would conflict with the future commercial buildings proposed on Quantum Park Lots 64- and 65- B. Also, the easement location conflicts with the apartment project's recreation area proposed on quantum Park Lots 66 and 67-A to the south. Therefore, project Condition of Approval #25 stated the following: "Submit abandonment request for the :L2-foot utility easement between lots 64/66 and 65-A/67-A and the 12-foot easement between lots 63 and 62. Abandonment and rededication of these easements must be recorded prior to the issuance of a building permit for the project". On November 12, 2002, the applicant (quantum Lakes Villas :[1:, Corporation) submitted a technical site plan application (NWSP 02-022) for 234 apartment units. As allowed by the Land Development Regulations, technical site plans do not have to be re-reviewed by the City Commission as long that they do not substantially deviate from its parent subdivision master plan. Technical site plans are reviewed by the Technical Review Committee (TRC) only to ensure compliance with all applicable codes and regulations. This subdivision master plan and its subordinate technical site plan would become the third phase of the three (3)-phase apartment project. A project condition of approval for the technical site plan required the same abandonment and rededication of the subject utility easement consistent with Condition of Approval #25 (referenced above) of the subdivision master plan. The applicant submitted this request to abandon the 12-foot wide utility easement on April 22, 2003. This application to abandon the easement only applies to the portion of the easement that lies in between quantum Park Lots 66 and 67-A. Therefore, this abandonment would only affect the Villas at Quantum Lake Phase ]::[]; Technical Site Plan (NWSP 02-022). According the Subdivision Master Plan (SBMP 02-001) and the Technical Site Plan (NWSP 02-022), no building permits can be issued until the City Commission approves the Page 3 'emorancum No. PZ 03-133 AN 03-003 abandonment request. Abandonment requests are subject to legal notice requirements and are reviewed by the Planning & Development Board before being reviewed by the City Commission as a public hearing item. ANALYSIS As previously mentioned, the subject 12-foot utility easement runs in a north-south direction. It commences at Quantum Lane and runs north to Gateway Boulevard. ]:t contains an 8-inch water main. For the purposes of this request, the "affected area" of the entire utility easement will only be that portion of the easement (177 linear feet) that traverses between Quantum Park Lots 66 and 67-A. However, the technical site plan proposes the apartment comptex's recreation area over this portion of the utility easement. This is a conflict. While this request is to abandon the 177 feet of the subject easement, Exhibit "B" shows that the easement will be re-routed around the recreation area. Exhibit"B" shows that the easement will be re-routed to the northeast by 31 linear feet, instead of going due north as it exists today. Pursuant to Chapter 22, Article H;]:, Section 4, public notice was given to the property owners that abut the right-of- way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CtTY DEPARTH ENTS/DIV[S[ONS ' Engineering No objection (see Exhibit "C'~ Public Works/Utilities Approval with conditions (see Exhibit "C") Planning and Zoning Approval with conditions (see Exhibit "C'~ PUBL][C UT];L~TY COMPAN]:ES Florida Power and Light - No objection (see Exhibit"C") Be!l South - No objection Florida Public Utilities Company - No objection Cable Company (Adelphia) - Pending approval Cable Company (Comcast) - N/A RECOMMENDATION The Engineering Division of Public Works endorses the simultaneous abandonment and dedication of the easement to ensure that the water main line remains active prior to and during the transition of its relocation, and its continuation into the Quantum Park & Village South (Commercial) development. Therefore, staff recommends that this request to abandon the 12-foot wide utility easement as described above, be approved, subject to the comments included in Exhibit"C" - Conditions of Approval. Any additional conditions required by the Planning & Development Board or the Commission will be placed in Exhibit "C" - Conditions of Approval. Ye: Central File ,,~lanning\Share(l\W0\Pro]ect~Villa$ at Quantum Lakes aka Grotto Bay~,ASAN Location Map VILLAS AT QUANTUCvl LAKES ABAN 03-003 EXHIBIT "B" . LAND DESCRIPTION VILLAS AT QUANTUM LAKES, PHASE III 12 FOOT UTILITY EASEMENT TO BE ABANDONED A portion of the East 6.00 feet of Lot 66 together with a portion of the West 6.00 feet of Lot 67-A, same also being a portion of the certain 12.00 foot Utility Easement shown on the plat of . QUANTUM PARK AT BOYNTON BEACH, P.I.D., PLAT NO. 9, according to the plat thereof as recorded in Plat Book 60, Pages 32 and 33 of the Public Records of Palm Beach County, Flodda, more fully described as follows: BEGINNING at the northeast comer of said Lot 66; THENCE South 88'13'32" East along the North line of said Lot 67-A, 6.00 feet; THENCE South 01'46'28" West, 168.76 feet; THENCE South 53'24'17" West, 15.31 feet; THENCE North 01'46'28" East, 177.73 feet to the North line of said Lot 66' THENCE South 83"37'53" East, along said North line, 6.01 feet to the POINT OF BEGINNING. Said lands lying in the City of Boynton Beach, Palm Beach County, Ftodda, containing 2,071 square feet, more or less. Land Description Prepared By: SHAH, DROTOS & ASSOCIATES 1835 S. Perimeter Road, Suite 190 Fort Lauderdale, Flodda 33309 Prepared by: MDR Checked by: MDR Project No.: 02-0593A March 19, 2003 SHEET I OF 2 SHEETS SKETCH OF DESCRIPTION EXHIBIT"B" I£' UTILITY EASEh,c:NT TO BE VACATED A PORTION OF LOTS 66 & 67-A QUANTUM PARK AT BOYNTON BEACH, P.I.D., PLAT NO. 9 (PB 60 PGS 32-33, PBCR) :POINT CF SEG',NNING LAND DESCRIPTION VILLAS AT QUANTUM LAKES, PHASE III 12 FOOT UTILITY EASEMENT TO BE DEDICATED A portion of Lot 67-A, same also being a portion of the certain 12.00 foot Utility Easement shown on the plat of QUANTUM PARK AT BOYNTON BEACH, P.I.D., PLAT NO. 9, according to the plat thereof as recorded in Plat Book 60, Pages 32 and 33 of the Public Records of Palm Beach County, Flodda, more fully described as follows: COMMENCING at the northeast comer of Lot 66,as shown on said plat of QUANTUM PARK AT BOYNTON BEACH, P.I.D., PLAT NO. 9; THENCE South 88' 13'32" East along the North line of said Lot 67-A, 18.98 feet to the POINT OF BEGINNING; THENCE continue South 88'13'32" East, along said North line, 12.00 feet; THENCE South 01'46'28" West, 163.27 feet; THENCE South 53'24'17" West, 31.86 feet; THENCE North 01'46'28" East, 15.31 feet; THENCE North 53"24'17" East, 16.56 feet; THENCE North 01'46'28" East, 157.47 feet to the POINT OF BEGINNING. Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 2,215 square feet, more or less. Land Description Prepared By: SHAH, DROTOS & ASSOCIATES 1835 S. Perimeter Road, Suite 190 Fort Lauderdale, Flodda 33309 Prepared by: MDR Checked by: MDR Project No.: 02-0593A March 19, 2003 SHEET 1 OF 2 SHEETS SKETCH OF DESCRIPTION EXHIBIT"B" 12' UTILITY EASEMENT TO BE DEDICATED A PORTION OF LOT 67-A ~UANTUM PA~K AT BOYNTON BEACH, P.I.D., PL~,T NO. 9 (PB 60 PGS 32-33, PBCR) POINT OF COMMENCEMENT ,,, N 0 R'FH F_AS'T CORNE LOT' 66 OF · :, ...--: BEGINNING ,,~ R'm ,_. -._~ .... , '~. -- ,H., - ~ _~'~ .... -~:~ .... .-~ ~ , L3 "'" e.< ~, , . , ,~ ~ . ~AT ao'mn~ ~ F'.LD., la. AT NO. e O:'a aa, ~ ;~.-,~ IqFORI~TIONN. PU~ ONLY AND I~ NOT VALII~. PROFE:~tONN.. SURVEYOR ~. ~ ~ ~A ~~ ~. ~ A S S 0 C I A T E S ~NIN~ CE~TIFI~TE ~H ~ ~~NtNOR I~ EXHIBIT "C" Conditions of' Approval Project name: Villas at Quantum Lakes Phase III (a.k.a. Quantum Park & Village South Residential) File number: A.BAN 03-003 Reference: Request to abandon a t2-foot ;v/de utility easement with a April 22, 2003 Plannina and Zoning Division date stamp marking. DEPARTMENTS iNCLUDE REJECT PUBLIC WORKS Comments: NONE t X UTILITIES Comments: 1. This Division approves the application to abandon this public utility easement X with the proviso that this action be concurrent with the relocated 12-foot utility easement to be dedicated. Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Co~x~,nents: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 2. The project must obtain approval from the cable company (either Comcast or X Adelphia, whichever is applicable}. Project name: Villas at Quantum Lakes Phase III (a.k.a. Quantum Park & Village South Residential) File number: ABAN 03-003 Page 2 DEPARTMENTS i-NCLUT)E REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 3. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determ/ned. M~VR/elj S ~P!anning~Share~Wp~ProjectsXVillas ag Qu. amum Lakes aka Grotto BaygS, lt,-Mq 03.O03\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Villas at Quantum Lakes Phase III (a.k.a. Quantum Park & Village South Residential) APPLICANT'S AGENT: Robert S. Fike - Olen Residential Realty Corporation APPLICANT'S ADDRESS: 1062 Coral Ridge Drive, Coral Springs, FL 33071 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003 TYPE OF RELIEF SOUGHT: Request to abandon 12-foot wide utility easement. LOCATION OF PROPERTY: Quantum Park Lots 66 & 67A DRAWING(S): SEE EXHIBIT "B" A-I-f'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 hearilhg stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\Shared\Wp\Projects\Villas at Quantum Lakes aka Grotto BayV~,BAN 03-003\DO2.doc XII. - LEGAL ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approval of an Ordinance amending Section 55 of the City Charter, providing for an increase in the salary amount of the Mayor and City Commission members. EXPLANATION: The time and dedication put forth by members of the City Commission has increased in proportion to the growth of the City of Boynton Beach, however the salary for the elected officials of the City has not been increased since 1984. This Ordinance will increase the salaries of the elected officials to an amount comparable to other municipalities of similar size. PROGRAM IMPACT: N/A FISCAL IMPACT: d officials of the City at the 1984 level. ALTERNATIVES:Not approve the Ordinance and le ave the salaries for ~le~}e /~~ Department Head's Signature -- City Manager's Signature City Attorney i ~ ;~,'~ Department Name '-/ ~' Cit~-~ttor~ei[t~/fihnce / Human Resources S 2BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 55. OF THE CITY CHARTER "COMPENSATION OF MAYOR AND COUNCIL", PROVIDING FOR AN INCREASE IN THE SALARY AMOUNT OF THE MAYOR AND CITY COMMISSION MEMBERS; PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION, AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, recognizes that the fulfillment of the duties of the members of the City Commission is a time consuming function; and WHEREAS, the salary of the Mayor and Commission has not been increased since 1984, the City Commission deems it advisable that the members' salary and expenses should be ncreased in an amount comparable to other municipalities of similar size; and ~OW THEREFORE, B E IT ORDAINED BY THE CITY COMMISSION O F THE ~ITY OF BOYNTON BEACH, FLORIDA: ection 1. That the foregoing "WHEREAS" clauses are true and correct and hereby atified and confirmed by the City Commission. .ection 2. That Sec. 55 of the Charter of the City of Boynton Beach; be, and the same is lereby amended b y adding t he words and figures i n underlined type, and b y deleting t he ~vords and figures in struck through type as follows: Sec. 55. Compensation of Mayor and Ccunci! Commission Each member of the City Council Commission incl[tding the member who serves as 1 ri foil h 11 i Mayor s a rece vea sa!ar~; sa a es as ows: Effective October 1, 2003, the Mayor shall receive an annual salary of $12,000. paid in equal monthly installments; Effective October 1,2 003, City Commission members, excluding t he Mayor, s hall receive an annual salary of $9,000 annually, paid in equal monthly installments. ;ection 3. Each and every other provision of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as ,reviously enacted. :\C A\Ordinances~.dministrativeXSalary Increase.doc ;ection 4. All ordinances or parts of ordinances in conflict herewith be and the same are repealed. ;ection 5. Should any section or provision of this ordinance or portion hereof, any mragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, decision shall not affect the remainder of this ordinance. ,,ction 6. Authority is hereby granted to codify said ordinance. :tion 7. This ordinance shall become effective immediately upon passage. :IRST READING this __ day of ,2003. ;ECOND, FINAL READING AND PASSAGE this .. day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk S :\CA',OrdinancesXAdrninistrativeXSalary Increase.doc XII. - LEGAL ITEM B.2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 55. OF THE CITY CHARTER "COMPENSATION OF MAYOR AND COUNCIL", PROVIDING FOR AN INCREASE IN THE SALARY AMOUNT OF THE MAYOR AND CITY COMMISSION MEMBERS; PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION, AN EFFECTIVE DATE. the City Commission of the City of Boynton Beach, Florida, recognizes that fulfillment of the duties of the members of the City Commission is a time consuming ; and [EREAS, the salary of the Mayor and Commission has not been increased since 1984, the Commission deems it advisable that the members' salary and expenses should be increased in an amount comparable to other municipalities of similar size; and ,W THEREFORE, B E IT ORDAINED BY THE CITY COMMISSION O F THE :ITY OF BOYNTON BEACH, FLORIDA: 1. That the foregoing "WHEREAS" clauses are true and correct and hereby fied and confirmed by the City Commission. 2. That Sec. 55 of the Charter of the City of Boynton Beach, be, and the same is amended b y adding t he words and figures i n underlined type, and b y deleting t he and figures in struck through type as follows: Sec. 5 5. Compensation of Mayor and Co'.'.nc~! Commission Each member of the City Ccun,c;,l Commission including the member who serves as Mayor shall receive ,, salaD' salaries as follows: net Effective October 1, 2003, the Mayor shall receive an annual salary of $12,000, paid. in equa! monthly installments; Effective October 1,2 003, City Commission members, excluding t he Mayor, s hal! receive an ann~000 annuall aidin e ual monthl installments. ion 3. Each and every other provision of Chapter 2 of the Code of Ordinances of the ity of Boynton Beach not herein specifically amended shall remain in full force and effect las previously enacted. , :\C A\OrdinancesLAdministrativeXSalary Increase.doc Section 4. ~ All ordinances or parts of ordinances in conflict herewith be and the same are ~ereby repealed. gection 5. Should any section or provision of this ordinance or portion hereof, any [aragraph,sentence or be by a court of competent jurisdiction to be invalid, word declared Iuch decision shall not affect the remainder of this ordinance. Section 6. Authority is hereby granted to codify said ordinance. .ection 7. This ordinance shall become effective immediately upon passage. FIRST READING this __ day of ,2003. SECOND, FINAL READING AND PASSAGE this __ day of ., 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ~.TTEST: Commissioner City Clerk S 5CA\Ordinances~AdministrativeXSalary Increase.doc XIZ. - LEGAL ITEl4 6.3 O CITY OF BoYNTON BEACI AGENDA ITEM REQUEST FOI vt Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned ~ in to Ci Clerk's Office ~ in to Ci Clerk's Office September 15, 2003 (Noon) [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 October 6, 2003 (,Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 20, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 November 3, 2003 (Noon) '[] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 [] Legal [] Administrative [] New Business NATURE OF [] Announcement [] Presentation AGENDA ITEM [] City Manager's Report [] Public Hearing [] Consent Agenda [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve enclosed Ordinance amending Chapter 21, Article III, Section 6.D. pertaining to Campaign Signs. EXPLANATION: The intent of the enclosed amendment is to reduce staff involvement in regulating the placement of campaign signs during elections without compromising safety. The Code Compliance Division and the City Clerk's office expend a considerable amount of resources in processing "notice of intent" forms and policing the placement of hundreds of campaign signs during each local election. Also enclosed you will find Part Ill of the Land Development Regulations, Chapter 2 Zoning, Section 4(E) Visual Obstructions as referenced in the proposed amendment. (Exhibit "A') PROGRAM IMPACT: Increased staff efficiency as a result of the decrease in time allotted to administer the current Ordinance. None FISCAL IMPACT: apply further;~endments- ALTERNATIVES~; Retain the Code as it exists currently, or e 7 Human ~,esources Department Name SSBULLETiN~ORMS~,AGENDA ITEM REQUEST FORM.DOC E. VISUAL OBSTRUCTIONS. No fence, sign, planting, hedge, shrubbery, wall or other visual obstruction shall be dreated or maintained with a height greater than two feet six inches above the street level, within twenty-five (25) feet of the intersection of the right-of-way lines of two (2) streets, in any zone, except that open chain-link type fences may be a maximum of four (4) feet and kept visually clear. http://www.amlegal.com/nxt/gatewa.../chapter00132-htm?fn=altmain-nf, htmSf=templates$3. 7/23/2003 ~ ORDINANCE NO. 03 - AN ORDINANCE OF THE CITY OF BoYNTON BEACH, AMENDING CHAPTER 21. ARTICLE III, SECTION 6.D. OF THE L/~ND DEVELOPMENT REGULATIONS OF I THE CITY OF BOYNTON BEACH, TO ! REMOVE THE REGULATIONS i PERTAINING TO POSTING TEMPORARY POLITICAL SIGNS ON PRIVATE PROPERTY; PROVIDING FOR PROVIDING FOR CODIFICATION; cONFLICTS; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City administration has been in the process of a review of the ''of the City's Sign Code and has made recommendations based upon istrative considerations, emerging trends, aesthetic concerns, and legal guidelines; WHEREAS, the City Commission has determined that it is in the best interest of community to amend provisions of the Sign Code to facilitate enforcement, stration, and to comply with legal guidelines; and WHEREAS, the amendments hereinafter set forth will facilitate the istration of the City's regulation of signs in a manner which balances aesthetic :oncerns, commercial needs, and existing property and constitutional rights. NOW THEREFORE, BE IT ORDAINED BY THE CITY cOMMISSION TIlE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the foregoing ,'WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. oliticalSi Ord.doc : - ' ' 1 Section 2. That Chapter 21," ' " Signs, Article III, "Special Conditions," of the and Development Regulations, Part III of the Code of Ordinances of the City of 3oynton Beach, be, and the same is hereby amended to read as follows: ' Sec. 6. Special Signs D. Temporary political signs may be posted on private property within the city period ..... i~ ~ with the consent of the property owner. ........... r,/with ........ _Ail political si~s must comply ~ith Pa~ III LDR, Chapter 2, ZoninL Section 4(E) Visual Obstructions. Section 3. All prior ordinmces or resolutions or p~s thereof in conflict ~e hereby r~ealed to the extent of such conflict. .Section 4. If my section, sentence, clause, or p~e of t~s ~dinmce is held to . invalid or ~constimfional by my co~ of competent jmsdiction, ~en said holding shall jn no way affect the validity of the remai~ng poaions oft~s Ordinmce. ~ee~on 5. It is the intention of the City Commission of the City of Boston Beach, Flohda, that the provisions of this Ordinance shall become ~d be made a pa~ of Ihe City of Boynton Beach Code of Ordinances; and that the sections of this ordinance nay be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 6. This Ordinance shall become effective upon adoption by the City i ;ommission. FIRST READING this _ day of ,2003. SECOND. FINAL READING AND PASSAGE this day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner 'EST: Commissioner Clerk . .~r- ^xr'-a4. ~t r,o C~zngzz\Dra~ Pz!!:~z.:! S~gn Ord.dz~ S:\CA\OrdinancesXdraft ordinance\Draft Polit4cal Stgn Ord.doc$ ............ anz:.: XZ[. - LEGAL ~TEM C.1 O CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Requested City Commission ~ in to Ci Clerk's Office ~ in to Ci Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 2l, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Legal [] Administrative [] New Business NATURE OF [] Announcement AGENDA ITEM [] City Manager's Report [] Presentation [] Public Hearing [] Consent Agenda [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approval of a Resolution adjusting the monthly allocation of the City Commission· · · esolution is brought forward to provide an adjustment of the monthly expense allocation to cover EXPLANATION. .Th2 R _ .__:^~ ;~ th ,~erformance of their official duties. · J '--, +ne ti,-, t..~onllnlSsion expenses mcurreu oy t PROGRAM IMPACT: N/A FISCAL IMPACT: ALTERNATIVES: Not approve the Resolution and leave the monthly al --~--'-*'~Ci~ Manager' s Signature Department Head's Signature City Attorney_ Department Name S:XBULLETIN~FORMSkAGENDA ITEM REQUEST FORM.DOC XII. - LEGAL ITEM C.1 RESOLUTION NO. 03- A RESOLUTION O F 1' HE CITY COMMISSION O F THE CITY OF BOYNTON BEACH, FLORIDA PROVIDING FOR ADJUSTMENT OF EXPENSE ALLOCATIONS TO THE MAYOR AND COMMISSION; A ND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission each receive a monthly allocation to cover expenses incurred in the performance of their official duties; and WHEREAS, the expense allocation received by the Mayor and Commission is funded by an appropriation in the City's annual budget; and WHEREAS, there is currently no provision for annual adjustment to the appropriation of the expense allocation; and WHEREAS, the City Commission deems it fair and equitable to provide for an adjustment to be made to the annual expense allocation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. Each Whereas clause set forth above is hereby ratified as being true and correct and incorporated herein by this reference. Section 2. Effective October 1, 2003, the monthly expense allocation for the Mayor and members of the City Commission shall be increased as follows: City Commission members, excluding the Mayor, shall receive an annual expense allocation in the amount of $6,000, payable in equal monthly installments; The Mayor shall receive an annual expense allocation in the amount of $6,500, payable in equal monthly installments. S:\CA\RESO\Commission Expense allocation.doc 7/23/2003 Section 3. This Resolution shall become effective upon passage. q, SSED AND ADOPTED this ~ day of August, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA\RESO\Commission Expense allocation.doc 7/23/2003