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Agenda 06-05-01
The City of 100 E. Boyffton Beach Boulevard (561) 742-6000 City Commission AGENDA Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Mack McCray Commissioner District II Mike Ferguson District III Charlie Fisher Commissioner District IV Kurt Bressner 3,ity Manager JUNE 5. 2001 DISTRIC~ OLD ~YNTON DISTRICT Il. ill DISTRICT I Visit our Web site www.ci.boynton-beach.fi.us ///,~ ~ /~##t'~###,~ ~'/t~/./#/##' /'~/' ~,~ /#///~///##/ WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLTC PARTZCTPATZON AT CZTY OF BOYNTON BEACH COMM'rSSTON MEETZNGS THE AGENDA: There' is an offiCial agenda for every meeting of the City Commissioners, which determines the order of 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 Ztems: These are items, which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Ztems; These are items, which the Commission will discuss individually in the order listed on the agenda. · Voice Vote; A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMZSSZON MEETZNGS: 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 nQt listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Ztems: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSZNG THE COMMISSZON: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton BeacY Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA NOTE: There will be a reception in honor of Commissioner Designee Hack HcCray from 6:00 p.m. to 6:30 p.m. outside City Commission Chambers .lune 5, 2001 6:30 P.M. OPENINGS: A= B. C. D. Call to Order - Mayor Gerald Broening Invocation - Reverend Rick Riccardi - Police Chaplain Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson Swearing in of Commissioner Designee Mack McCray E. IF YOU WISH TO ADDRESS THE COHMISSION: · , FILL OUT THE APPROPR~,TE REQUEST FORH · GIVE Il' TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORT~ON OF THE AGENDA HAS BEEN COHPLETED. · COHE TO THE PODIUH WHEN THE HAYOR CALLS YOUR NAf4E II. IND~/~DUALS HAY SPEAK FOR THREE UNINTERRUPTED HINUTES. F. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBI.ZC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIHH'ED TO 3-HINUTE PRESENTATIONS IlL AD MINISTRAI'Lr~E: A. Accept resignation of Arlene Greenberg, Regular Member, Education Advisory Board B. Accept resignation of .loan Kuehn, Regular Member, Cemetery Board C. Appointments to be made: City of Boynto~ Beach Agenda Regular City Commission 3une 5, 2001 Appointment To Be Made Board Length of Term Expiration Date III IV Mayor II Ferguson Fisher Broening McCray Children & Youth Advisory 8d Children & Youth Advisory 8d Children & Youth Advisory Bd Children & Youth Advisory 8d Alt Stu/Reg/Voting Stu/Reg/NonVoting Alt 1 yr term to 4/02 1 yr term to 4/02 i yr term to 4/02 1 yr term to 4/02 II III McCray Ferguson Bldg. Bd of Adj & Appeals Peg Bldg. Bd of Adj & Appeals Alt 3 yr term to 4/04 i yr term to 4/02 Mayor Fisher Broening Cemetery Board Reg 3 yr term to 4/04 Cemetery Board Reg 3 yr term to 4/03 Mayor I II IV Broening Weiland McCray Fisher Education Advisory Board Reg Education Advisory Board Alt Education Advisory Board Stu EducaUon Advisory Board Reg 2 yr term to 4/03 1 yr term to 4/02 1 yr term to 4/02 2 yr term to 4/02 III IV Mayor Ferguson Fisher Broening Golf Course Advisory Committee Reg Golf Course Advisory Committee Alt Golf Course Advisory Committee Alt 5 yr term to 6/06 5 yr term to 6/06 5 yr term to 6/06 Mayor III Broening Library Board Reg Ferguson Library Board Reg 3 yr term to 4/04 3 yr term to 4/02 Mayor I Broening Weiland Nuisance Abatement Board Reg Nuisance Abatement Board Alt 2 yr term to 4/03 i yr term to 4/02 Weiland Recreation & Parks Board Alt i yr term to 4/02 Mayor I II Broening Senior Advisory Board Reg Weiland Senior Advisory Board Reg McCray Senior Advisory Board Alt 2 yr term to 4/03 2 yr term to 4/03 I yr term to 4/02 ANNOUNCEMENTS & PRESENTAT]:ONS: A. Announcements: None B. PresentaUons: 1. Proclamations: a. "National Garden Week" - 3une 3 -.]une 9, 2001 2. Legislative Update - Senator Ron Klein (At approximately 7:30 p.m.) (Tabled-2) (Tabled-2) CI'TY OF BOYNTON BEACH AGENDA REGULAR CITY COMM:~SS]:ON 3UNE 5, 2001 m Presentation on Senior Center Programs - Presented by Recreation Department staff V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A, Minutes: 1. Agenda Preview Conference of May 10, 2001 2. 3oint City Commission, Planning & Development & CRA Workshop Meeting of May 10, 2001 Regular City Commission Meeting of May 15, 2001 Bids - Recommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget Award "INSTALLATION OF ONE (1) NEW 15,000-GALLON SODIUM HYDROXIDE BULK STORAGE TANK'; BID #057-2821-01/KR, to Interstate Engineering CorporaUon in the amount of $60,000 (.~ROPOSEZ) RESOLUTXON NO, RO.~-.~4) Award the "ANNUAL CONTRACT FOR CLEANING CHEMICALS AND ]ANI'rORIAL SUPPLIES'; BID #050-1412-01/KR, to various vendors for an estimated annual expenditure of $15,000 Extend RFQ #081-2110-00/C3D for the "ANNUAL CONTRACT FOR TOWING" to various towing companies for an addiUonal four (4) months until a new bid is in place and a franchise tax has been determined for an estimated expenditure of. $34,000 Approve the piggyback of Palm Beach County, Resolution No. R-2001- 264, LANDSCAPE ARCHITECTURAL SERVICES awarded to Gentile, Holloway, O'Mahoney & Associates, Inc. for landscape architectural services in the amount of $13,800 plus estimated reimbursable expenses (postage, travel, reproduction, etc.) of $500 Approve Change Order #1 in the amount of $18,656 to Tandem Staffing for "TEMPORARY LABOR SERV[CES", BID #087-2510-00/KR, bringing the bid's total estimated expenditures to $28,656 CITY OF BOYNTON BEACH AGENDA REGULAR ClTY COMMISSION 3UNE 5, 2001 C. Resolutions: Proposed Resolution No. R01-195 Re: Approving the full release of surety for the project known as Coral Lakes XTI, and authorizing return of the Letter of Credit to the developer Proposed Resolution No. R01-196 Re: Approving Amendment #1 of Task Order #1 with Utility General Engineering Consultant, CH2M Hill in the amount of $11,960 for additional design work and survey services related to the South Seacrest Estates Water Main and Swales Improvement Project Proposed Resolution No. R01-197 Re: Authorizing staff to apply for the 2001-2002 Children's Services Council grant in the amount of $59,519 for the Boynton Beach Latchkey Afterschool Program Proposed Resolution No. R01-198 Re: Approving and executing Task Order #7 with Utility General Engineering Consultant, CH2M Hill, in the amount of $26,086 to prepare an operating permit renewal application with supporting documentation for the Deep Injection Disposal Well Proposed Resolution No. R01-199 Re: Approving a reduction in surety requirement for the project known as Lester PUD Plat (a.k.a. Cascade Lakes) from $566,400 down to $28,300 Proposed Resolution No. R01-200 Re: Approving a PCS Site Agreement with Sprint Spectrum L.P. subject to processing and approval of a condiUonal use applicaUon for the proposed telecommunications tower at Hester Park Proposed Resolution No. R01-201 Re: Approving a Department of Community Affairs Emergency Management Assistance Grant award contract for the purchase of a Reverse 9-1-1 system Ratification of Planning & Development Board Action: .lanet H. Boyce Variance - 937 SW 34m Court (Lots #4 & 5, Block 2, Lake Eden Subdivision) - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5,B.2.a., to allow a 19 foot variance from the twenty five (25) foot rear yard setback required in the R-1-AAB zoning district resulting in a 6 feet rear yard setback Purchase of 29 Model Year 2002 Club Cars to replace 29 Model Year 1996 Club Cars at a cost of $60,117 from the Golf Cart Replacement Reserve Account CITY OF BOYNTON BEACH AGENDA REGULAR CITY COMMTSSTON JUNE S, 2001 VI, Authorize payment to FEC Railway in the amount of $36,198.97 for upgrades to railroad crossing on East Ocean Avenue CITY MANAGER'S REPORT: VII. VIII. FY 2001-2001 B. Report on Proposed Purchase of Property Review proposed the demolition of the Mangrove Park School (Old High School) at 125 East Ocean Avenue at a cost not to exceed $250,000 (TABLED TO 6/19/0Z) PUBLIC HEARING: 7:00 P.M, OR AS SOON THEREAFTER AS THE AGENDA PERMITS None FUTURE AGENDA ITEMS: A. Status report on new meeting schedule for advisory boards (June 19, 2001) B. Economic Development Ordinance (June 19, 2001) Presentation by Quantum Partners on Land Development Options (June 19, 2001) Do Workshop on Fire Assessment Process and Program 5:00 p.m. on June 19, 2001 E. Status Report on Girl Scout Park (June 19, 2001) F. Status Report on Dog Park (June 19, 2001) Discuss adoption of an Comprehensive Water Conservation Strategy for all water customers of the City of Boynton Beach Utilities - (TABLED ON MAY 1sT- WiLL BE DISCUSSED ON JULY 3RD) Community Development Block Grant Program. Review of One-year Action Plan (July 3, 2001) I. Comprehensive Plan Amendments (July 3, 2001) J. Status Report on Charter School Proposal (July 3, 2001) K. Application for funding from County DIP and RAP funds for a footbridge for Girl Scout Park (RAP), 17th Ex Seacrest Boulevard Traffic Control and Hester area CZTY OF BOYNTON BEACH AGENDA REGULAR CZ'FY COHt41~SS?ON 3UNE 5, 2001 XZ. traffic calming (DIP) and Seacrest Landscape Island Improvements (DIP) - July 17, 2001 L. Project Team Reports (From 55 Strategic Initiatives): 1. 2.10 2. 6.5 3. 6.9 4. 1.2 5. 5.1 6. 5.2 Permit & Development Review Process (June 19, 2001) Citywide Storm Drainage Project (June 19, 2001) Capital Improvement Program (July 3, 2001) Arts Commission Project (July 3, 2001) Holiday Program (July 17, 2001) TNT Concerts (July 17, 2001) Community Development Block Grant - Review of Grant Applications (August 7, 2001) N. Review of City Noise Regulations (August, 2001) DEVELOPMENT PLANS: None NEW BUS/NESS: Amendment to the City Charter and Code to reflect a change in the date of Municipal Elections from March to November to coincide with County State and Federal elections (~ROPO$~O ORD/NANC~ NO. 0.~-25)- TABLED ON 5/15/01 B. Multi-Sport Venue Proposal for Boynton Beach Area LEGAL: A. Ordinances - 2nd Reading - PUBLZC HEARZNG Proposed Ordinance No. 01-21 Re: Approving the rezoning ofa ± 53.69 acre scrub preserve (Seacrest Scrub Preserve) from "Single Family Residential" (R-l-AA) and "Duplex Residential" (R-2) to "Recreation" (REC) pursuant to a condition of an interlocal agreement with Palm Beach County Proposed Ordinance No. 01-22 Re: Approving the rezoning of a ± 13.59 acre scrub preserve (Rosemary Scrub Preserve) from "Single Family Residential" (R-l) to "Recreation" (REC) pursuant to a condition of an interlocal agreement with Palm Beach County 3. Proposed Ordinance No. 01-23 Re: Notions to Reconsider Proposed Ordinance No. 01-24 Noise Con~rol - Prohibited Acl~ Re: Code Amendment - CITY OF BOYNTON BEACH AGENDA REGULAR CI'FY COMMZSSI'ON 3UNE 5, 2001 XZI, B. Ordinances - 1; Reading Proposed Ordinance No. 01-26 Re: Amending the Comprehensive Plan Future Land Use Map from Office Commercial (OC) to Local Retail Commercial (LRC) for the subject ± 0,73-acre property for A Pink Princess Proposed Ordinance No. 0Z-27 Re: Approving the rezoning of ± 0.73-acre property from Office Professional (C-1) to Neighborhood Commercial (C-2) for A Pink Pdncess C. Resolutions: None D. Other: None UNFZNZSHED BUSZNESS: XIII, OTHER: A. Informational Items by members of the City Commission XIV. ADJOURNHENT: NOTZCE IF A PERSON DECIDES TO APPEAL ANY DEQSION MADE BY THE C1TY COMMISSION WITH RESPECT TO ANY MA'ITER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSEt HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADEt WHICH RECORD INCLUDES THE TESTIMONY AND EVZDENCE UPON WHICH THE APPEAL IS TO BE BASED, (F.S. 286.0105) THE C['I'Y SHALL FURNISH AFPROI:~a,~'rE AUX[LLARY AZDS AND SERVZCES WHERE NECESSARY TO AFFORD AN INDIVZDUAJ. WITH A DISABIUTY AN EQUAL OPPORTUNITY TO PAR'F[C2PATE IN AND EN3OY THE BENeI'L~5 OF A SERV[CE~ PROGRAM~ OR A~ CONDUCTED BY THE QTY. PLEASE CONTACT JOYCE 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. .1MP FINAL AGENDA - 06/01/2001 8:16 AM \\CH~IAIN~SHRDATA\CC\WP\CCAGENDA~AGENDAS~YEAR 2001\060501.DOC Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] ^pril 17, 2001 [] May 1,2001 III-AD M Ilq I$'I'R.O, TIV£ CITY OF BOYNTON BEAC IT£M A AGENDA ITEM REQUEST FC .... Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00.p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Date Final Form.Must be Turned Meeting Dates in to City Clerk's Office [] May 15, 2001 May 2, 2001 (5:00 p.m.) [] June 5, 2001 May 16, 2001 (5:00 p.m.) [] June 19, 2001 June 6, 2001 (5:00 p.m.) [] July 3, 2001 June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative , [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Accept resignation of Arlene Greenberg, Regular member of the Education Advisory Board. EXPLANATION: Ms. Greenberg sumitted a letter of resignation dated May 5, 2001 explaining that personal and family commitments are pressing at this time. Ms. Greenberg's term expires in April, 2002. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: et M. Prainito, City Clerk City Clerk's Office Department Name City Manager's Signature City Attorney / Finance / Human Resources jmp \\ch\main~shrdata\cc\wp\ccagenda~agenda request memosXagenda item request for resignation of arlene greenberg-eab.dot S:kBULLETIN~O~S~GENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates [] March20,2001 [] April 3, 2001 [] April 17, 2001 [] May t,2001 III'ADMINISTRATIVE ITEM B CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21,2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) · April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Un£mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Accept the resignation of Joan Kuehn, Regular member of the Cemetery Board. EXPLANATION: Ms. Kuehn submitted a letter citing personal circumstances as her reason for resignation. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Janet M. Prainito City Clerk's Office Department Name City Attorney / Finance / Human Resources \\ch\mainkshrdata\cc\wp\ccagenda~agenda request memos~agenda memo to accept joan kuehn's resignation.dot SABULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC JOAN C. KUEHN 201 NW 1st Avenue Boynton Beach, FL 33435 May21,2001 Ms. Janet Prainito City Clerk City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Dear Janet: Please be advised that due to personal circumstances I am resigning from the Cemetery Board effective immediately. It has been a privilege and honor serving the City as a Board member. Sincerely, Joan C. Kuehn ~V-ANNOUNCEIqENTS & PRESENTATIONS ~[tem B.~.a P R O C L A MA ,., , , WHEREAS, The gardeners of the United States produce the food which feeds our people and permits us to export our abundance to other countries thereby helping to preserve our traditional spirit of independence and initiative; and WHEREAS, Gardening instills in our people a greater respect and care for our environment and our natural resources thereby furnishing a challenging and productive full or part-time activity for a large number of our citizens; and WHEREAS, Our gardens also yield herbs, foliage and flowers which add beauty, fragrance, and nutrition to our lives; NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Flodda, do hereby proclaim that the first · full week of June beginning with the first Sunday, be designated as: NAT] ONAL GARDEN WEEK in perpetuity, and that citizens of the City of Boynton Beach will celebrate such each year. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Flodda, to be affixed this 5th day of June in the Year 2001. ATTEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) :~rdata~cc~wp%ccagenda~orodamatJons~)roc,139 national garden week.doc I Prainito, Janet I From: Costello, Joyce ISent: Tuesday, May 08, 2001 3:29 PM ITo: Prainito, Janet ~ ICc: Bressner, Kurt ISubject: Senator Ron Klein ]~V'ANNOUNCEHENTS & PRESENTAT]~ONS ~tem B.2. Senator Ron Klein is going to give a Legislative Wrap Up at the June 5th City Commission Meeting. The contact person for this is Leslie Shriberg @ 274-4777. Joyce CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FOIl IV-ANNOUNCEMENTS & PRESENTATIONS Item B.3.. Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1, 2001 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Corrwa/ssion Meeting Dates [] May 5, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 [] Administxafive [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Recreation Department staff will give a brief presentation about the Senior Center programs and usage. EXPLANATION: The senior Center opened on October 5, 1999. It is a very popUlar and vibrant facility. Activities range from free medical screenings to computer classes and fashion shows. The presentation will summarize some of the current activities and future plans. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Recreation Department Name ~Z~~ture City Attorney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH Senior Center General Information · Location: 1021 South Federal Hwy · Formerly Lucille & Otley's restaurant · Service as a Senior Center began on October 5, 1999 · 4,800 square feet of program space · Phase I Construction Cost: approximately $385,000 Registered Members Members who are residents of Boynton Beach Members who live outside the corporate city limits 2,705 (membership is free) 1809 896 .4ttendance February 2001 8,946 March 2001 9,576 October 1999 - March 2001 104,939 Number of Programs (outlined 53 in powerpoint presentation) Free Programs 35 Paid Programs 18 Free Medical Services · Delray Medical Center - Free Glucose, Cholesterol, PSA Screening · HearX - Free Hearing Testing · Aker Kasten - Free Vision Testing · Dr. Sklar - Free Foot Screening · Dr. Hoffman - Free Back Screening & Massage · Free Blood Pressure Checks · Free Bereavement Support · Free Case Manager Evaluation MEMORANDUM TO: FROM: DATE: SUBJECT: Wally Maj ors, Recreation Director Carolyn Sims, Recreation Manager April 30, 2001 Promoting and increasing cultural diversity at the Senior Center Outlined below are my plans to promote and increase cultural diversity at the Senior Center. · Host Inaugural Gospel Concert on Saturday, May 12. · Schedule a regular series of special events/activities that will specifically consider the interests of our minority neighborhoods and churches. Planned activities include: Additional gospel concerts "Old Fashioned Get To Know You Day" Play-writer's Guild to present dramatizations, shorts skits and musicals that will attract all cultures "Meet and Greet Day" - annual social event Host a motivational speaker(s) · Provide "door to door" transportation on days designated for these special events. · Establish a "We Miss You" list of all the people who attend these events to promote future activities. Participants at the various activities will be motivated to complete a survey that will help determine what they consider attractive, fun, etc .... i.e. what can we do to make them come back. This plan will help us "kick off" a membership drive that will help promote and increase cultural diversity at the Senior Center. ....... Bo~lrfoN B~aol CO~MUN: 4 FUItUARY 21. 2001 · B~r Senior Center revels el_egance and beaut COMMUNITV NEWS Perhaps the Boynton Beach Senior center should change its name: The Senior Love Can- mr, The Valentine's Day Cupid Show or simply The Boynton Beach Center for Bringing perfect for the setting on Feb. 14 during the Ccni~-'s Fashion Show. Senior women adorned fi'om Linda's Place Consign- ding.like tuxedos from Bill's Tuxedo to escort the beautiful women through a magnificent, ceiling-high Valen 'tree's An:h in the middle of the roo~ Chee~s from the 240 people in the an- dience brought smiles even to those people sitting in the very 'I am so ha.p, py that you all came today, said Judy Maaske, the Senior Center's recreation specialist. Maa.ske, in a pleasant, happy tone, rep- resented the feelings of the sev- ersl hundred serdors ~.. the au- BEACH COMMuNrlT NEWS dience. "They look great,' said Boynton Beach resident Antho- ny Parisi. "They do a mar- ~lous job. l'm ~oo ~uchy and With the beautiful women and handsome men showing off gowns and tuxes, romantic music in the background set the moocL One man, dressed in a tux-top and boxers with red hearts on them, smiled at the enormous ovation from the ctowcL To complete the event, one senior even sang the Four Aces 1955 hit, "Lovu is a Many- Splendored Third' For the audience, raffle tick- ets offered a ~:hance at free gifts, such as floral arrange- merits, coffee mugs littered even a special doll citing to see because so many people participated,' said Catherine Casscells, who lives in the Leisureville community. Boynton Beach IVlayor aid Bmening and his wife were m V{ttiJ~N[ ~inues0n ~ LOOKING GOOD:. ~hU})ose~'escofl3 MeJ Krauel at. the Boynton Beach Senior Center's Fasb Show as they model dothes from Unda's Place consignment ~ va~sm~a~ ~ .... "~ ............. .'." ~ B~T · FFJItUAItY21;2001 ~ [;:,!,~.! ~" .;~ '-%~ ': ~ -~ - ~' '~~1 CO"TINUED FROM PAGE 4 - people to spon~r ~d take ~'~' '-;"~~ among those who donat~ thbd fashion show..It keeps ~: ~:. ~[ :'?~~ ~ for ~e f~-l~e ~e. ~ng beret. We ~ow ~at ~' ~'~': ;:; .... Z ~1 Many comnanies a~o con- ~en~' · ~ ~~:=,==~:~ ~~ tnbuted~tems suchasthe . ~ple~dp~ [~:~~~ ,~~ and the Dolphin Bar Inc., ion Show posstbte includ~ h.,.., ~~~. ,- ~ ~--- .. . __ [ w~ donat~ a ~50 ~ c~- HildaNa~°~ T~m~o~,ice lnc, ~~1 .~ ~ ~$10~~ Club, M~yCosmetics, ~i~ : '~ ~ ~ ~d a lot of dona~o~ ~ ~n~ ~n~, ~m USA ~ "~-.' ~~ ~ Stye ~, ~e Seffior C~- Lu D~ps, who is the Senior ~lk d~n the mn~y at t~ ~ sh~. ~~~ 'We had'a lot' of peol~le putting together (the heart- shaped arch),' Dreps said. "It took us a longtine." decorations and the gowns, was the high attendance, quite a feat considering the size of the Senior Center. "'The attendance is a lot bet- ter than usual,' Parisi said. "(And) I come here a couple of times a week. The people run- ning this place are doing a pxxtjob.' V-CONSENT AGENDA I'TEF4 A. 1 MINUTES OF THE AGENDA PREVIEW CONFERENGE HELD IN GONFERENCE ROOM "B", CITY HALL, BOYNTON BEAGH, FLORIDA ON THURSDAY, MAY 10, 2001 AT 5:00 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor Mike Ferguson, Commissioner Charlie Fisher, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk CALL TO ORDER The agenda review began at 5:00 p.m. Agenda Item III-C Mr. Bressner told the Commissioners and Mayor that he would provide them with an updated list of the Administrative Appointment items in the next day or so. Ms. Prainito advised of an additional application she had received and would put in everyone's mail before the Commission meeting. In reference to Commissioner Black's appointments, Ms. Prainito said that the appointment rotation would occur after the next meeting. Mr. Bressner highlighted the need for appointments in the Education Advisory, Senior Advisory, Code Compliance, Cemetery, and Library Boards. The Cemetery Board opening created by Mr. Tim Hensley's desire not to seek reappointment was mentioned. There was regret at his loss. It was believed that one of the applications was from a funeral director that Mr. Hensley had recommended. Mr. Bressner asked if anything could be done about recognition of the Board members who were not part of the current slate of members? Ms. Prainito stated that she had already sent thank you letters to all concerned. Agenda Item IV-B.4 Vice Mayor Weiland will make the presentation to the two students from St. Mark's who ware being recognized for naming Pond B, now known as Mangrove Walk at the Madna. Agenda IV-B.I-d. Mayor Broening wanted to have a name to go with the Stand for Children Proclamation. Ms. Prainito was to verify with Wally Majors the name of the person accepting the Proclamation on behalf of the Recreation Department. · Agenda Item VI. Add Item 'B", a motion to approve the demolition of Mangrove Park School, under the City Manager's Report by concurrence of the Commission. Mr. Bressner gave the MEETING MINUTES AGENDA PREVIEW CONFERENCE BOYNTON BEACH, FLORIDA MAY 10, 2001 Commissioners a copy of the CPA's recommendation prior to the meeting. Commissioner Fisher asked if any of the architectural elements could be salvaged and Mr. Bressner replied that the CPA had made some recommendations in this regard. Agenda Item V-C.8 Mr. Cherof advised he might pull the proposed Resolution approving the release of a Letter of Credit, for purposes of clarification. Agenda V-E.1 Commissioner Fisher will ask if this project is in concert with the recent Federal Highway Corddor Plan. Agenda Item Xll. The Unfinished Business item, Review of Applications for City Commissioner for Distdct II, was moved up on the agenda to directly follow consideration of the Consent Agenda items. Agenda Item VIII. · Item "A", Future Annexation Areas, was removed pending receipt of further information. · Item "B", Status Report on New Meeting Schedule for Advisory Boards, removed and placed under the City Manager's Report on the June 19, 2001 meeting. Item "C", Water Conservation Strategy, will be heard in its entirety at the July 3 meeting. Mr. Bressner to provide a preview of the water rate adjustment information prior to that meeting. It was agreed that adoption of this strategy would have an effect on the budget and early analysis would be important. · Item "D", Discussion on 3.5-acre parcel north of Intracoastal Park Site, was removed from the Future Agenda Items. · Item "E", County Funding Items, will be considered on July 17, 2001, as reports on all three issues should be completed by then. In relation to the RAP funds for the Gid Scout Park, Vice Mayor Weiland was concerned that this was occurring very soon. He was notifying people to come to a meeting on the subject and the people he had spoken to have not received any notices. Mr. Bressner stated that the City had sent letters by direct mail to all the individual homeowners involved but that he would reconfirm this with Mr. Wildner. Ms. Prainito advised that it had also been advertised in the paper. · Item "F", Update on Senior Center Programs and Usage will remain on the Agenda for the June 5, 2001 meeting. MEETING MINUTES AGENDA PREVIEW CONFERENCE BOYNTON BEACH, FLORIDA MAY 10, 2001 Agenda Item X-A. Vice Mayor Weiland wanted this item to stay on the agenda for discussion and a possible vote. Commissioner Fisher asked staff to advise the Commissioners when elections actually occurred in the County. Mr. Bressner said it was not a pure cost savings since there would be some Novembers when there was no election at all and the City would have to pay the local costs. This would probably only be one out of three times in terms of the rotation but there would still be cost savings two out of the three times. Commissioner Ferguson said it looked like elections would be held in 2002, 2003, 2005, 2006, and 2008 and two of those five would be off years. Any of the even years would be congressional elections and/or national elections. Commissioner Fisher wanted to see percentages of turnout in the odd years. He said he wanted data to show turnout when there was a presidential election, when there was a congressional election, and the different turnouts in March elections and November elections. Mr. Bressner said that the Board of Election Commission could go back three or four elections and had the turnout by precinct and by community and it was really good historical data. Agenda Item XI-A, Federal Highway Corridor Plan Vice Mayor Weiland said that when this item was tabled for two weeks he believed the delay had no impact. Then he learned that they had lost their "tool" of Zoning in Progress (ZIP) by not going ahead with it. Mr. Greene replied that ZIP expired in April and it would have to be renewed if the Commission decided to do so. Vice Mayor Weiland had thought that the CRA wanted six more months of ZIP but Mr. Bressner said they had discussed it and opted not to do it. Mr. Bressner said that Vice Mayor Weiland could, in the discussion at the meeting, direct staff to analyze the ZIP issue and come back to the Commission with a report. It could always be reinstated. Commissioner Fisher pointed out that this was a separate issue from the FHCP. Mr. Cherof said it would take two City Commission meetings and would require a new Notice of Intent to reinstate Zoning in Progress. Mr. Bressner was concerned about any further delay to the FHCP Ordinance. Staff had less than a month to get the documentation together for the State on the Comprehensive Plan amendments. He assumed that work was underway but if they missed the deadline, they would have to wait until October for the next "window'. Agenda Item XI-B.4, Noise Control Code 15-8.5 Commissioner Ferguson said this proposed Code amendment did not mention loud music and felt that something about amplified music should be added to it. Mr. Bressner said Code Compliance was looking into some language that might cover that. Mr. Bressner asked Mr. Cherof to look into the Code in depth. Mr. Bressner said that this item was a narrow cast to allow the Ocean Avenue construction to move forward. Other: Commissioner Fisher requested an ordinance change on behalf of the Education Advisory Board to go from a set requirement of five people for a quorum to a simple majority as most other Boards. Mr. Bressner said it would have to go on the next agenda as it was too late for this one. 3 MEETING MINUTES AGENDA PREVIEW CONFERENCE BOYNTON BEACH, FLORIDA MAY 10, 2001 Commissioner Fisher suggested that Mr. Bressner might want to report on the first Town Meeting on water problems and announce the next session to be held. Commissioner Ferguson asked about the status of the Marina item. Mr. Greene responded that they had wanted to get the CPA's concurrence on proceeding with the Bruce Group to design the Promenade. It was in their mutual interests if the City could work with them to coordinate that design. The CPA concurred but they wanted to see a consistent overall treatment for the Promenade as well as 6th Street and Casa Loma. This was pursuant to the CPA's initial request, which was to get the Promenade moving. It is in Mr. Jarvis' interest because it gives him control over access to his parking garage from Federal Highway. Vice Mayor Weiland met with Mike Weinert and he was saying they would be looking at moving on this within 30 days. He raised the question of where they show the road coming in from the Boynton Beach Promenade, turning right and going south over to Casa Loma ~r~d coming back down to 6th Street and Ocean Avenue, saying that this could be public access. The question arose as to who would be responsible for maintenance of that stretch of Casa Loma? If we've already deeded it over, it is a private road. Mr; Greene said that the question was whether or not they wanted to have 6t~ Street as a city street or whether we want 6th Street to be private as well. The question about vacating the southern portion of 6th Street was that you had to have the agreement of the Banana Boat beCausethat is their access. Mr. Greene said they were considering an ingress/egress easement, ADJOURNMENT There being no further business to come before the Commission, the meeting properly adjourned at 5:40 p.m. CITY OF BOYNTON BEACH Mayor Vice Mayor Al-rEST: Commissioner City Clerk Recording Secretary (1 tape) Commissioner 4 V-CONSENT AGENDA ITEM A. 2 CITY COMMISSION/COMMUNITY REDEVELOPMENT AGENCY/PLANNING & DEVELOPMENT BOARD WORKSHOP OVERVIEW OF APARTMENT HOUSING IN BOYNTON BEACH LIBRARY PROGRAM ROOM, CITY OF BOYNTON BEACH MAY 10, 2001, 6:30 P.M. PRESENT Gerald Broening, Mayor Ron Weiland, Vice Mayor Mike Ferguson, Commissioner Charlie Fisher, Commissioner ALSO PRESENT Quintus Greene, Development Director Mike Rumpf, Planning & Zoning Director Janet Prainito, City Clerk At 6:30 p.m., Mr. Quintus Greene, Director of Development for the City of Boynton Beach, welcomed the City Commission, the Community Redevelopment Agency, the Planning and Development Board, and all the interested members of the public who came to hear about apartments in the City of Boynton Beach. Mr. Greene went on to say that this was a part of an ongoing dialogue regarding the nature and future of multi- family development in Boynton Beach. Mr. Greene introduced Development staff members Hanna Matras and Dick Hudson who wou~d be giving the audience some background and analyses of the issue. He hoped thiS would answer many of the questions concerning multi-family development in Boynton Beach. At the end of the meeting it was hOped everyone would have a better idea of where the City was and where everyone might want it to be on this issue. Ms. Hanna Matras gave a comprehensive analysis of apartment housing in the area including who lived in apartments, what new apartments were like, what factors might contribute to growth of apartment housing, the local impacts of apartment housing, and the apartment market in Palm Beach County in general and Boynton Beach in particular. Do we have too many apartments? According to Ms. Matras, if you look at the market, the answer is no. It was generally agreed that the number of apartments in any given City was market-driven. Mr. Dick Hudson spoke of the future of apartment development and stated that it would be gated by the availability of land that could be developed by dght for multi-family dwellings. This type of land made up 16% of the total available land in the City. He referred to a study that had been done in June of 2000 that showed that all of the land with high density residential land use designation and a corresponding R-3 zoning, which allows 10.8 dwelling units per acre, had approved development plans. In two of them, there were vacant parcels that could be developed. There were other lands that did not have high-use density residential designations on them that could conceivably have some apartment units developed on them and Mr. Hudson proceeded to delineate which properties were potentially available and their current land use designations and zoning classifications. The presentation given by Ms. Matras and Mr. Hudson is attached to these minutes and a copy may be obtained at the City Clerk's office. Meeting Minutes Overview of Apartment Housing Boynton Beach, Florida May 10,2001 A summary of · the presentation follows: Rental development responds to market forces influenced by factors such as demographics, incomes and preferred lifestyles on the demand side and by supply factors such as land availability and location. Demand for rental housing is still high as indicated by Iow vacancy rates - about 3% in the greater Boynton Beach market area. At the infancy of Boynton's downtown, bringing high-density housing is imperative to its future success, and whether that housing is rental or owner-occupied is not for the City to regulate. Although fewer and fewer acres are available for lower density residential development, both vacant lots and lots that will likely be turned from mobile home and agricultural uses exist for single-family home development in the future. The supply of land available for additional multi-family residential development is also extremely limited. Any conversion of land to multi- family development will require land use amendments and rezoning, which must be reviewed and approved by the City Commission. Apartment owners do pay property taxes. These taxes are higher than those paid by fee-simple residential properties since there is no homestead exemption and no ceiling on assessment increases (the Property Appraiser's Office codifies these properties as commercial). Large residential properties will have added some $140M to the City's tax base over the next few years. In addition, while the net fiscal impact is likely to be negative for all moderately priced residential properties, it will probably be positive for more upscale apartment properties. Questions & Answers Commissioner Fisher asked staff to provide the City Commission with a once-a-year report on the trend in apartment vacancy rates. He also asked that staff include such information as the number of bed rooms on a project for example, so they could take that into consideration in their decisions. Mr. Bressner thought that a new development template could be devised that would include such key data. Ms. Matras said her department noted the request and would discuss ways and means of doing this. Mr. Bob Ensler of the Planning and Development Board noted that Boynton Beach had roughly twice as many apartments as surrounding cities and was concerned about the balance between apartments, single-family, and all types of development in the City. The general consensus of staff was that this was a market-driven issue. Mr. Hudson replied that there was an extremely small amount of land on which any further apartments could be built by right. 2 Meeting Minutes Overview of Apartment Housing Boynton Beach, Florida May 10, 2001 Mr. Maurice Rosenstock of the Planning and Development Board thought the survey should include information related to commercial developments. He wanted to know how much of the land that was now zoned residential could be converted to some type of commercial use? He wondered how the City Commission should look at the remaining acres of land in the City in its entirety, not including the land that could potentially be brought in, to see what the basis would be to develop that? Should the City start seeking higher-priced homes in the $1M range along the Intracoastal, or should they put a commercial center in that area so the people would have shopping areas? He wanted to see an overall goal or policy set by the City. Mr. Rosenstock wanted to have some means of monitoring the cost of services and, generally, the financial impact of projectsma comparison of how much per square foot was required for infrastructure on a commercial versus a residential or high-density use? Mr. Rosenstock thought the City Commission needed this information to make well-informed decisions on development issues. Mr. Finkelstein of the Community Redevelopment Agency echoed this thought, saying that if a land use zoning on a parcel changed from "X" to "Y", what would the impact be on City services and revenues? Ms. Matras said that the County had an assessment that she could make available to the participants in this meeting that dealt with the general idea of long-term demand for commercial and industrial land. Mr. Rumpf believed that Mr. Rosenstock was looking for a Citywide land use plan. Mr. Bressner stated that the City had already started doing this with the different Corridor studies that were underway such as the Federal Highway, Martin Luther King and others. Mr. Bressner also thought that a Corridor Study on Congress Avenue would be necessary. In general, Ms. Matras said that the infrastructure costs pertained to the fiscal impact modeling issue. If the City had such a tool, it would tell the City the cost of services and general economic impact on the City of land development. If such a model were set up, it would list properties with their uses but that such models were very expensive. Mr. Rosenstock suggested using one from another, similar city, with similar demographics as Boynton Beach. Ms. Matras had spoken to several cities about this and the results were negative. The cities felt the information was very specific to their city and they were not anxious to share the information. She said that the budget structures of cities were very, very different, Ms. Matras commented that about 49% of the General Fund revenues came from real estate taxes. Because the revenue structures are different between cities the comparisons do not mean much. There are too many variables between cities. Mr. Greene remarked that the City of Arlington, Texas had a Fiscal Impact Model and it had cost $25K. A single family home had to be valued at $140,000 in order to carry its own weight in terms of the taxes it paid versus the services it required. Commissioner Fisher asked if there were an economic downturn, was the City better off to have rentals or single familY residential or condos? Ms. Matras responded that conventional wisdom would dictate renting rather than buying in such a climate. Commissioner Fisher asked if the current apartments they were building could be 3 Meeting Minutes Overview of Apartment Housing Boynton Beach, Florida May 10, 2001 converted from apartments into condominiums and the answer was that if the zoning were correct, that they could. Mr. Bressner felt that attention needed to be paid during site plan review to the issue of convertibility Mr. Mike Fitzpatrick of the Planning and Development Board expressed concern about the lower-end apartment buildings in the City and whether the City had taken into account the impact of the renters on City facilities such as schools and roads? Ms. Matras responded to the perception that renters were not active in the community saying that in her surveys, she had found that participation in the community was evenly split between owners and renters. Mr. Rumpf replied that the queStion had to do with the cost of services versus the infrastructure required for support of the renters. He did not believe that the City should throw out the Comprehensive Plan and increase the densities across the board. He said that the majority of the roads, schools and infrastructure were already present. He said that the growth would be incredible in the next ten to twenty years and Boynton Beach needed to accept a lot of that. He referred to attempts on the part of other communities to keep the population static and how their claims had been found unconstitutional. Mr. Hudson responded to Mr. Fitzpatrick's question by saying that apartments did not impact the schools as much as single-family residences. A member of the public spoke of the need to keep all buildings attractive, retaining the natural plantings. She believed that being environmentally sensitive would attract more people to the City than impervious parking lots and palm trees. Mayor Broening said that 49% of the City's General Fund came from ad valorem property taxes and while that was a good thing, the trend was very flat. He informed the gathering that out of the 40% of people who have residential property and pay property taxes, fully 30% pay $200 or less a year and would continue to do so, considering the Save our Homes tax and the Homestead Exemption. So, when he looked at a piece of commercial property, which is what an apartment is, he considered the 30% of the present 40% who pay little or nothing and said, where else is the City going to get its money? He said he would listen to qualified developers. The City was now looking for ways to get the money to adequately and competitively pay its police officers. Mayor Broening expressed appreciation to the presenters and believed the market would tell the City where to go. He said he would use developers as the primary way the City could improve its tax base. He thought the City should do whatever was necessary, while preserving its quality of life. He pointed out that Boynton Beach is an urban area and essentially built out. He thought that density was one of the very few incentives the City had to offer to people who wanted to come in and build. Mr. Bressner said that one of the reasons for bringing the three groups together at this meeting was so that they could discuss issues of mutual concern in a roundtable discussion format. He solicited suggestions for future topics, saying that this format could be a way for the three groups to share information and set directions on areas that were important to each of them individually. He thought it would be of benefit to have the Community Redevelopment Agency, the Planning and Development Board, and the City Commission to come together periodically to discuss issues of broad concern to the 4 Meeting Minutes Overview of Apartment Housing Boynton Beach, Florida May 10, 2001 City. Mr. Bressner envisioned issues relative to Comprehensive Plan Amendments that affected the entire City, and how the different Corridor plans would affect all three Boards. Mr. Bressner spoke of all that he had learned as a result of this meeting. He had gotten some ideas about how staff could package information to the respective Boards to assist them to make the correct decisions about approving, disapproving, or modifying development proposals as they came before the respective Boards. Mr. Bressner wanted the dialogue to continue. He thanked everyone for coming to the meeting. The meeting duly adjourned at 8:15 p.m. CITY OF BOYNTON BEACH Mayor Vice Mayor ATTEST: Commissioner City Clerk Recording Secretary (1 tape) Commissioner V-CONSENT AGENDA I'TEM A-3. MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH FLORIDA ON TUESDAY, MAY 15, 2001 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor Mike Ferguson, Commissioner Charlie Fisher, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Mayor Gerald Broening C. Pledge of Allegiance to the Flag led by Vice Mayor Ron Weiland Mayor Broening called the meeting to order at 6:35 p.m. and offered an invocation. The Pledge of Allegiance to the Flag was led by Vice Mayor Weiland. D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE PORTION OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME "OPENINGS" E. Agenda Approval: Mayor Broening announced that Item Xll. Old Business, Review of Applications for City Commissioner for District II, had been moved up on the Agenda to directly follow the Consent Agenda. There were no additions, corrections, or deletions to the agenda. Vice Mayor Weiland moved to accept the agenda as written; however, he wished to make a change to the minutes of the May 1, 2001 City COmmission meeting. He stated that on Page 12, third line from the bottom, it should read Commissioner Ferguson voted nay instead of Commissioner Fisher. Vice Mayor Weiland stated that while the minutes of the meeting recorded what happened (with the previous exception), they did not reflect the tenor of the meeting, which had been acrimonious. Vice Mayor Weiland called on all the Commissioners and audience to be careful in their choice of words and to respect the dignity of all concerned. He called on all to display a high standard of decorum during the meeting. Commissioner Fisher seconded the motion to approve the agenda and the amendment to the minutes. The motion carried unanimously. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 II. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS Herb Suss, 1711 Wood Fern, Boynton Beach, spoke of the overcrowding at the West Palm Beach Library and hoped that with all the apartments being built, the same would not happen with the Boynton Beach Library. Mr. Suss called for the expansion of the library. Mr. Suss also praised the City's golf course, restaurant, and staff, commending them for their attention to pleasing the customer. He went there often for mini vacations and recommended it to one and all. He also praised the other City Departments who could be counted on to answer questions and bring satisfaction to inquiring citizens. Mayor Broening closed the public audience. III. ADMINISTRATIVE: A. Accept resignation of Betty Boroni, Regular member of the Library Board Motion Commissioner Ferguson moved to accept the resignation of Betty Boroni, Regular member of - the Library Board. Vice Mayor Weiland seconded the motion that carried unanimously. C. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date II Vacant Children & Youth Advisory Bd Alt 1 yr term to 4/02(Tabled-3) IV Fisher Children & Youth Advisory Bd S/R/V* 1 yr term to 4/02(Tabled-3) I Weiland Children & Youth Advisory Bd S/R/NV* 1 yr term to 4/02(Tabled-3) II Vacant Children & Youth Advisory Bd Alt I yr term to 4/02 II Vacant Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/04(Tabled-3) I Weiland Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/02(Tabled-3) III Ferguson Cemetery Board Alt 1 yr term to 4/02(Tabled-3) IV Fisher Code Compliance Board Alt 1 yr term to 4/02(Tabled-3) II Vacant Education Advisory Board Reg 2 yr term to 4/03(Tabled-3) I Weiland Education Advisory Board Alt 1 yr term to 4/02(Tabled-3) II Vacant Education Advisory Board Stu 1 yr term to 4/02(Tabled-3) II Vacant Library Board Reg 3 yr term to 4/04(Tabled-3) III Ferguson Library Board Reg 3 yr term to 4~02 Nuisance Abatement Board Reg Nuisance Abatement Board Alt Recreation & Parks Board Alt II IV Mayor Vacant Fisher Broening 2 Yr term to 4/03(Tabled-3) I yr term to 4/02Tabled-3) I yr term to 4/02(Tabled-3) 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 IV Fisher Senior Advisory Board Reg II Vacant Senior Advisory Board Reg IV Fisher Senior Advisory Board Alt 2 yr term to 4/03(Tabled-3) 2 yr term to 4/03(Tabled-3) 1 yr term to 4/02(Tabled-3) *SRV = Student/RegularNoting *SRV = Student/ReguladNon-Voting Commissioner Fisher appointed Dick Lambert as an Alternate member of the Code Compliance Board. ' Vice Mayor Weiland tabled his three appointments. Commissioner Ferguson appointed John Tineri as an Alternate member of the Cemetery Board with a one-year appointment. He tabled his other appointment. Mayor Broening asked to appoint James McMahon as an Alternate to the Parks & Recreation Board. There was some question as to whether he had already been appointed and MaY0.r Broening opted to at least nominate him in any case. : Motion CommisSioner Fisher moved to approve the appointments. Commissioner Ferguson seconded the motion that carried unanimously. IV. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: 1. "2"~ Annual Amnesty Vegetation Week" - May21 - May 25, 2001 Jeffrey Livergood, Public Works Director, explained that in preparation for the hurricane season, homeowners could put an unlimited amount of vegetation at the curb for free pickup by the City. He stated that the size limitations still applied; i.e., not to exceed four feet in length or four inches in diameter. He mentioned that the program was for residential properties only. Mr. Livergood encouraged residents to take advantage of the program, saying "Don't delay - trim today". Community Meeting to discuss residential water issues - 6:30 p.m. on Wednesday, May 16, 2001 at Rolling Green Elementary School Mayor Broening announced a community meeting to discuss residential water issues. Commissioner Fisher said that this was the second meeting where citizens could discuss standing water issues. Citizens from all Districts who lived :within the City limits could attend. The problems could be of a residential or commercial nature. The Utilities Department was to be there so they could document problems and consider solutions. B. Presentations: 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 1. Proclamations: a. "National Safe Boating Week" - May 19 - May 25, 2001 Mayor Broening read the proclamation and called on all citizens to "Boat Smart from the Start". The Proclamation was to be delivered to the CoaSt Guard. b. "National Public Works Week" - May 20- May 26, 2001 Mayor Broening read the Proclamation, which recognized the positive improvements public works employees had made to our community. The theme was "Working in the Public Interest". Mayor Broening presented the Proclamation to Jeffrey Livergood, Public Works Director. Boynton Veterans Council "Memorial Day Celebration - May 27, 2001 Mayor Broening road the Proclamation and presented it to Bob Zimmerman, Commander of th~ VFW Legion Post No. 10150. Mr. Zimmerman noted that we all owed a groat debt of gratitude_ to those who lost their lives that we may live in freedom. "Stand for Children Day" - June 1, 2001 - Presented to representatiVe of Advisory Board on Children & Youth Mayor Broening road the Proclamation and presented it to Ms. Lori Wilkinson and Ms. Hattie Miller, who accepted the Proclamation with thanks on behalf of the Advisory Board on Children & Youth. Ms. Wilkinson said that the Advisory Board on Children & Youth was involved in many things and invited all those in attendance to join them at their Board meetings and events throughout the year. Ms. Miller encouraged all the children to participate in their Volunteer Program and said that Sherri Claude at City Hall had the information. Presentation of "Great Floddian 2000" plaque to Mrs. Bernard Thomas - Presentation by Don Johnson, Building Official Don Johnson of the Building Department came to the podium and asked for Mrs. Bernard Thomas to come forward to accept the Great Floddian 2000 plaque from the Florida League of Cities that honored her husband, Bernard Preston Thomas, for his fine character and a host of accomplishments. Mr. Johnson recognized the children and grandchildren of Mr. and Mrs. Thomas who were present in the audience, as well as Charles Meade, a life-long friend. Mr. Meade shared some wonderful reminiscences about Mr. Thomas and gave a touching tribute to his life-long friend: Mrs. Betty Thomas is the Chairman of the Parks & Recreation Advisory Board for the City and accepted the plaque that will be housed in the Women's Club as a memorial to Mr. Thomas. Examples of Mr. Thomas' outstanding artwork were displayed in the Chambers for the edification and pleasure of all. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15,2001 Presentation of donation to Jean Wicken, Executive Director of the Susan G. Komen Breast Cancer Foundation on behalf of The Links at Boynton Beach, The Ladies Golf Association and the players - Joe Sciortino, Golf Director Mr. Sciortino shared the moving story of the life and death of Susan G. Komen with the audience. He then presented Ms. Jean Wicken, Executive Director of the Susan G. Komen Breast Cancer Foundation, with a check for $6,425.16 that was raised at a charity golf tournament co-sponsored by the City Golf Course and the Ladies Golf Association. Ms. Wicken accepted the donation on behalf of all the women who would benefit from the very generous donation and gave sincere thanks for all the hard work that had gone into the tournament. She sincerely thanked all that participated and said she looked forward to next year's tournament. Mr. Sciortino also presented Richard Novack, one of the Golf Directors who helped organize the charity golf tournament, with a Certificate of Appreciation in recognition of his coordination of the event. Mr. Novack said that the tournament had been a success due to the talent and the teamwork of everyone but especially Dan Hager, Freda DeFosse, and Mr. Mark Pyne of the City sign shop who had been especially helpful to the project. ~ Presentation of Certificates to Stephanie Barborini and Greg Shore, students at St. Mark School, for submitting the winning entdes in the "Name Pond B" contest - Presented by Vice Mayor Ron Weiland Vice Mayor Weiland presented Certificates to Stephanie Barbodni and Greg Shore, students from St. Mark's School, for submitting the winning entries in the "Name Pond B" contest. Vice Mayor Weiland explained that "Pond B" was the big hole behind the Boynton Beach Plaza on Federal Highway that was destined to contain stormwater runoff for cleansing before being released to the Intracoastal. The names the two youngsters submitted were combined into the winning name, "Mangrove Walk at the Marina". Vice Mayor Weiland thanked the students for the new name on behalf of the City of Boynton Beach. V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying matedal to become a part of the Public Record and subject to staff comments. A. Minutes: Special City Commission Meeting of April 23, 2001 Agenda Preview Conference of Apdl 26, 2001 Regular City Commission Meeting of May 1, 2001 Bids - Recommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget Award "ANNUAL CONTRACT FOR SECURITY OFFICER SERVICE FOR THE EZELL HESTER JR. COMMUNITY CENTER, THE PUBLIC LIBRARY AND THE SCHOOLHOUSE MUSEUM", BID #051-2710- MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May. 15,2001 01/CJD, to Safeguard Group Holdings Ltd., in the amount of $693 per week Vice Mayor Weiland removed this item for discussion. Award "INSTALLATION OF FLOORING SYSTEM IN VEHICLE BAY AREAS FOR THE CITY OF BOYNTON BEACH'S THREE (3) FIRE STATIONS", BID #049-2413-01/KR, to Dura Floor, d/b/a Dura Bond Company, in the amount of $37,485 (PROPOSED RESOLUTION NO. ROl-la3) Award "PUBLIC WORKS FUEL ISLAND UPGRADES", BID #046-2413- 01/KR, to Glasgow Equipment Service, Inc. in the amount of $67,036.24 (PROPOSED RESOLUTION NO. R01-184) Award "CO-OP BULK QUICKLIME", BID #052-2821-01/KR to Dravo Lime, Inc., Longview Operation, Alabama, in the amount of $1,407,000 with an estimated annual expenditure of $126,000 for the City of Boynto_n. Beach Utility Department C. Resolutions: Proposed Resolution No. R01-185 Re: Approving a Medtronic Physiocontrol Technical Support Service Agreement for cardiac monitor units Proposed Resolution No. R0'1-186 Re: Execution of contract between the Florida East Coast Railway and the City of Boynton Beach for Sale & Purchase of Lots 8 & 9, Block 1 Vice Mayor Weiland removed this item for discussion. Proposed Resolution No. R01-187 Re: AUthorizing the Mayor to sign two street lighting agreements with FPL for Gateway Boulevard- Seacrest Boulevard to US #1 Proposed Resolution No. R01-188 Re: Authorizing the execution of an agreement between the City of Boynton Beach and Palm Beach county providing for the satisfaction of the City's connection fees and capital facilities charges by Palm Beach County on behalf of those residents of Tucks Road so electing Vice Mayor Weiland removed this item for discussion. 5. Proposed Resolution No, R01-189 Re: Approving a reduction in surety for the project known as Steding Records Management from $85,030 down to $4,250 and return the amount of $80,780 to the project's developer 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 o Proposed Resolution No. R01-190 Re: Approving the release of the remaining surety on the Hills of Lake Eden subdivision ($19,350), the approval of the subdivision, the acceptance of the dedications and the maintenance responsibilities of those improvements dedicated to the City Since a public comment card had been filled out for this item, Mayor Broening remoVed it for discussion. o Proposed Resolution No. R01-191 Re: Approving the Department of Community Affairs grant award contract for the purchase of an emergency AM radio system to provide emergency notification and information to all citizens and visitors of the City 8. Proposed Resolution No. R01-192 Re: Approving the release of a Letter of Credit in the amount of $42,000 for Eastridge in exchange for a bill of sale to the sewer system that is free of all liens and a cash bond or letter of credit in the amount of $4,200 Ratification of Planning & Development Board Action: : None E. Ratification of Community Redevelopment Agency action: Zuhair Marouf - Lot Size Vadance - Request relief from Land Development Regulations Chapter 2, Zoning Sec. 6.C.3. to allow development of a car wash facility on a 9,908 square foot parcel in lieu of the 15,000 square foot minimum lot area required by the C-3 Zoning district regulations Commissioner Fisher removed this item for discussion. F° Approve the purchase of 10 Automatic External Defibrillators (AED) from Medtronic PhysioControl in the amount of $17,500 funded by an Amedcan Heart Association grant Approve $80,000 of S.H.I.P. funds in assistance to Robust Development Compma, ny for the purpose of site development of the Eastridge Parcel located at NE 4 Street Motion Commissioner Ferguson moved to accept the Consent Agenda as amended. Commissioner Fisher seconded the motion that passed unanimously. V-B.1 AnnUal Security Contract for Security Officer Service for the Ezell Hester Jr. Community Center, the Public Library, and the Schoolhouse Museum. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Vice Mayor Weiland questioned the necessity of a Security Officer for the Schoolhouse Museum since it was not yet opened. Ms. Virginia Farace, Library Director, came forward and explained that they were not asking for greater coverage than they already had and that it was a matter of semantics. The Agenda Item should probably have read "...Ezell Hester Jr. Community Center, the Public Library, and the campus between the Library and the Schoolhouse Museum .... "She said there was one Security Officer who covered both buildings and also patrolled the area outside between the Library and the Museum. Vice Mayor Weiland said that was not readily apparent in reading the backup and Ms. Farace agreed. Motion Commissioner Fisher moved to accept Agenda Item V-B.1. Commissioner Ferguson seconded the motion that passed unanimously. V-C.2 Proposed Resolution R01-186 authorizing execution of a Purchase and Sale Agreement between the City of Boynton Beach and Florida East Coast Railway for Lots 8 and 9. City Manager Bressner distributed an aerial photo of the property to the Commissioners and Mayor. Vice Mayor Weiland remarked that his original question had been answered. Motion Vice Mayor Weiland moved to approve Agenda Item V-C.2. Commissioner Fisher seconded the motion that carried unanimously. V-C.4 Proposed Resolution R01-188 authorizing the execution of an agreement between the City of Boynton Beach and Palm Beach County providing for the satisfaction of the City's connection fees and capital facilities charges by Palm Beach County on behalf of those residents of Tucks Road so electing Vice Mayor Weiland said he did not understand what drove this project and wanted some comments from staff about why this Road got water when Coelebs, Edgar, and three other streets to the south had been begging for Boynton Beach water for the laSt fifteen years? It appeared that Tucks Road was getting preferential treatment. As a Commissioner he needed to explain to the people on the other roads, who had approached him several times over the past two and a half years, when they would be receiving Boynton Beach water. It appeared from the backup that 100% participation of the homeowners was not required. Vice Mayor Weiland realized that this would be more revenue that the City would receive and was not refusing to approve the Resolution. Pete Mazella, Assistant to the Utilities Director, said Tucks Road was in a slightly different situation than the other roads mentioned by Vice Mayor 'Weiland. It is bound on the west by Lawrence Road, which has City water. It is bounded on the east by part of the Barwood subdivisiOn which has City water and City sewer in it. Stubouts were provided for future connections to Tucks Road. This made installing the infrastructure on Tucks Road much easier. 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Tucks Road is also a much shorter road than Coelebs and the others. It was his understanding that the County was still trying to build a consensus on some of the other roads where residents did not agree about having the water. Some did not want to pay for the infrastructure and improvements along the whole road. The other streets are much longer and would be more of an engineering challenge to put water into. Tucks Road was a project that was ready to happen, primed by the construction of Barwood. Vice Mayor Weiland understood what Mr. Mazella said but also said that the County might have to run pipe % of a mile to the south on Barwick Road and east on each street. The backup stated that Tucks Road did not have to have 100% participation. If pipes were run south on Lawrence Road, east on each one of these streets, all the way to the end of the street, people could sign up or not as they saw fit, just like on Tucks. He still did not understand. He said there was water going to Cypress Creek that was due west of those five streets and just due south of them and due north. Commissioner Fisher said that even if the City wanted to put water on those other streets, did the City have any right to do so without the County's intervention? Mr. Mazella said that the City had no taxing authority to assess those people, Commissioner Fisher said whether the Cit~ wanted to or not, they Could not go in there because it was up to the County and Mr. Mazell;~ agreed. If the County wanted to do the rest of those streets, would there be any reason the City would not partner with the County on those streets as well? Mr. Mazella said the City would be willing to connect the other streets but clarified that whether the residents connected or not, everybody on the street was going to be assessed for the water improvements that crossed their frontage, regardless of their connection or lack thereof. Vice Mayor Weiland understood all of the aforesaid but still wanted to know why the County was "ponying up" for Tucks Road and not the other roads in the area? He had been hearing complaints from area residents for fifteen years but never from Tucks Road. Mr. Mazella said he would get Vice Mayor Weiland an answer to his question. Motion Commissioner Fisher moved to approve Agenda Item V-C.4. seconded the motion that carded unanimously. Commissioner Ferguson C-6 Approve Resolution R01-190 releasing the remaining surety on the Hills of Lake Eden subdivision, the approval of the subdivision, the acceptance of the dedications, and the maintenance responsibilities of those improvements dedicated to the City. Stella Rossi, 625 Whispering Pines Road, Boynton Beach, said she was involved with the environment and with this subdivision since its inception in 1995. She thought there had been some clearing done on the site without a permit and she did not know if there was a fine levied but she believed there was. She wondered if this had been satisfied? She was concerned about the release of surety in this regard. She also needed information about the continued maintenance of the two preservation areas. Mr. Bressner said he would have the Planning Department get back to Ms. Rossi with answers to her questions. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Motion Commissioner Fisher moved to approve Item V-C.6 pending the outcome of the request on payment of fines. Commissioner Ferguson seconded the motion that carried unanimously. V-E.1 Request to grant a variance of 5,092 square feet in order to construct a car wash on an existing property, Zuhair Marouf Commissioner Fisher asked how a car wash fit in with the recently completed study of the Federal Highway Corridor? Mike Rumpf, Planning and Zoning Director, said that the Corddor Plan contains some site specific but mostly general land use and zoning and design recommendations for the Corridor. The subject vadance site is within the study's Planning Area No. 1, and there is specific language that emphasizes the residential uses and preservation of them. It specifically read, "provide strong residential base, aesthetically inviting areas. Those non-residential uses that are to be promoted shall be community serving versus heavy commercial, auto oriented and those which are not neighborhood-oriented .... "The report also implies that there is going to b~ a strong commercial/residential transition and speaks of development standards that will protedt the residential areas against those commercial areas, which are going to front on the Federat Highway Corridor. As for implementation of it and in anticipation of what the zoning regulations would look like, it was eady but he would say that the zoning along Federal Highway would be changed to residential land uses so commercial zoning would be consistent. Their focus then would be on the car wash use itself. Mr. Rumpf continued, saying that a car wash use is auto-oriented and the car wash would not be promoted in that area if it were not for the gas station adjoining Federal Highway. The gas station is non-conforming but has been there many years. Unless it were to be redeveloped, the gas station was not likely to be going away. The review of staff focused on the merits of the vadance from the hardship point of view. Commissioner Fisher said that the building that faced Federal Highway was non-conforming and questioned building another non-conforming use, a car wash, at the same place. Mr. Rumpf replied that the use itself would not be non-conforming unless the zoning code was changed to prohibit that type of use. Commissioner Fisher asked if they had the option of requesting no visibility of the car wash from Federal Highway? Mr. Rumpf said it did set back behind the gas station. Commissioner Fisher asked if no visibility from Federal Highway and screening landscaping could be put forth as a stipulation of approval? Mr. Cherof confirmed that the City could, impose conditions on the granting of the variance. Commissioner Fisher stated that if the gas station got leveled next year, could the car wash be hidden from Federal Highway? Mr. Rumpf said he would recommend and was sure that the designer would place the structure the maximum distance from the single family homes, which would place it very close to the building, actually placing it up against the back of the Texaco station itself. He thought between that design and landscaping, it could be reasonably buffered. City Attorney Cherof said that if the Commission were contemplating that type of condition, he recommended tabling the matter until the next meeting to afford time for additional notice to adjacent property owners. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Vice Mayor Weiland noted that the owner of the property was present and he believed the car wash would be a moot point if the gas station were not there. From his understanding, this was not a full-service car wash but an automated one. Michael Weiner appeared on behalf of Steve Marouf, the owner of the gas station, and affirmed that it would be an automatic car wash. At the CRA Board meeting where the project was approved 4 to 3, they had already agreed to and placed on the record that there would be limitations. The limitations included meet or exceed all landscaping codes, that there would be no left turn signs and that it would be routed so that people could only come onto Federal Highway and not go back in the neighborhood, that there would be restrictions on the hours, that there would be a six foot privacy wall at the back, that there would be appropriate sound- deadening with the most efficient equipment, that the gas station would be operated separately from the car wash, and that the car wash would be automatic so there would be no queuing or waiting. He did not believe that additional conditions needed to be placed on the project since the conditions placed on the project by the CRA would survive and be part of the approval tonight. Jim Warnke, 617 Lakeside Harbor, stated that he lived about 500 feet away from the. proposed car wash. He said he and his neighbors were not so much complaining about the noise from the boom boxes and the cars because it was zoned for use as a car wash. They were complaining about the variance from the 15,000 square feet that was required for this usage. The applicant is asking to put the application on a less than 10,000 square foot lot. He said there were 25 residents on Las Palmas and Lakeside Harbor who were against the car wash and asked if the Commissioners had received a copy of their petition? There were nods of assent. Mr. Warnke urged the Commissioners to vote against this variance. Andrew Place, Gateway Boulevard, Boynton Beach, said he had been a customer of the Gateway Texaco for many years. He said that in that time, he had seen the business transformed from what would have been a car repair shop into a gas station. Mr. Marouf had really tumed it around and turned it into a gas/convenience store operation. He believed that based on Mr. Marouf's handling of the property thus far, he could be trusted to keep it well in the future and urged the Commissioners to grant the variance. Richard Zoeller, 649 Las Palmas Parkway, Boynton Beach, was in support of Mr. Warnke's comments. He wanted to know if the Planning & Zoning Department researched the rest of the City to find where other commercial enterprises were operating on less than the 15,000 square feet on C3 and if any were as small as 9,908 square feet like this property? Commercial use means traffic throughout the operating hours in and out. Las Palmas Parkway is a narrow, two- lane road, which services eleven homes, and at the end of it there is a cul de sac built up with very expensive homes on the water. Today, when you use the street to come and go, there was congestion at the Federal Highway intersection at the traffic light. Normally you could make a right turn on red if there were no cars coming on Federal. Now, because of cars coming out of the gas station and sitting on the line of the center of the road, there isn't room for two cars. Mr. Zoeller believed that the car wash would contribute to a significant increase in traffic. Terry Pereira, 7692 Colonial Lakes Drive, Boynton Beach, said he had been a customer of the gas station in question for many years and found the owner to be an honorable man who had made great improvements at the gas station. He had full confidence that what he proposed to do there he would do. He does intend for the car wash to be as unobtrusive as possible in 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 the community. The staff did recommend this vadance being passed. They also said that regardless of what actually comes in there it would always have to have a variance. Why not grant the variance to the man who owns the property, and who has shown that his word is good? Vice Mayor Weiland noted that a lot of the zoning codes in the City were in need of redoing. This individual has shown that he is capable of providing the necessary landscaping and using the property correctly in accord with staff's requirements. He believed the difference in square footage was a mere technicality. Motion Vice Mayor Weiland moved to approve Item V-E.1. Commissioner Ferguson seconded the motion. Commissioner Fisher asked about the length of the line at the car wash. With a smaller lot as this request, how many cars could wait in line before it had an impact on the road by backing up into the roadway? Mr. Rumpf said this would be addressed at Site Plan approval. Wheo pressed again by Commissioner Fisher about an estimate of the number of cars, Mr. Ruml~f replied "from four to ten". - Mayor Broening pointed out that the Commission was not being asked to approve the Site Plan, which would come before them at another time. The Commission was being asked to make a decision based upon the existing situation and there is a demonstrated hardship based on the way the property was zoned in the past. According to staff and the narrow vote of the CRA Board, that stands. It is up to the Commission whether it wants to grant the variance for the size. The motion carried 4-0. A FIVE-MINUTE RECESS WAS DECLARED AT 8:05 P.M. AT 8:10 THE MEETING WAS RECONVENED. Xll. UNFINISHED BUSINESS A. Review of applications for City Commissioner for District II Mayor Broening allowed the persons submitting cards to speak first. There were 15 cards and Mayor Broening stated that in the interests of time, the speeches would be limited to two minutes. If anyone noted that someone else had already said essentially the same thing that they were planning to say, Mayor Broening asked that they consider relinquishing their time. William Cwynar, 2701 S.W. 8th Street, Boynton Beach, said he had been a resident in Boynton Beach since 1974. Mr. Cwynar gave kudos to the Commission for the good job they were doing. With all the progress that was being made by the current Commission, he did not think having to train someone was good for the City. He believed somebody was needed that had experience. He felt this was really necessary to keep the City moving. 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, .FLORIDA May 15, 2001 Frank Lindsay, 2141 S.W. 15th Avenue, Boynton Beach, had lived in Boynton Beach for eight years and spoke on behalf of Mr. Katz. He had gotten to know Mr. Katz on the term limits issue years ago. He found that he had a great deal of integrity, tremendous knowledge about the City, and a great sense of fairness in all he did and spoke abOut. His previous term as a Commissioner gave him a great deal of experience and he thought this was essential at this time. He said some were trying to make it an issue of black against white and district against district and that was counterproductive to the best interests'of the City. Single district voting is a great and good thing but he would hate to see any part of the City trying to compete with another on the terms previously mentioned. He believed that Mr. Katz's experience and past productivity pointed to him as the best choice. John Cooper, 975 N.W. 10th Street, Boynton Beach, said he believed this should be put to the vote of the people, that the taxpayers should have a voice in the matter. He was personally not in favor of Mr. Katz. The person he wanted to fill the vacancy was open-minded, caring, and considerate of all the people in the community and what was good for all of Boynton Beach, regardless of their personal views or opinions. Kathy Floyd, 703 N.W. 11th Street, Boynton Beach, respectfully requested that the decisioo. of the replacement of the District II seat on the Commission be made by the citizens of Boyntoh Beach in a Citywide vote. If the decision was made to make the decision at the Commission level, Ms. Floyd wished her strong objection to the appointment of David Katz as Commissioner to be placed on the record. Terry Pereira, 7692 Colony Lake Drive, Boynton Beach, referring to Mr. Katz, pointed to a lack of attendance at a Board to which he was elected which demonstrated his lack of commitment to his responsibilities and to the people of Boynton Beach. Mr. Pereira brought up the minutes from the August 1, 2001 City Commission meeting when single member districts were being discussed. Those minutes reflect this: "Vice Mayor Weiland believes a more diverse Commission is needed." I would like, therefore, to impress on the entire Commission that here is a perfect opportunity to live up to the arguments they presented for single member districts. If a faceless, colorless, and genderless look at this appointment is taken and compared with the last appointment, the Commission will see that a person with no experience as a Commissioner won over one who did. That is exactly what we have now. We have an apples-to-apples situation gentleman, so let's get apple juice out of this, not lemonade. Regis Accethulla, 508 N.W. 10u' Court, Boynton Beach, was in favor of Mr. David Katz because of his experience working in the community and thought he was a viable candidate for the opening. Marie Traylor, 1249 Gondola Street, Boynton Beach, wanted to tell everyone present about a very special person, David Katz, and that he wanted to be the City's next Commissioner. She had known him for over ten years and knew that he was the dght person for the job. She said he was knowledgeable in City government and had been a Commissioner in the past and she realized the asset his knowledge would be on the Commission. Ms. Traylor stated that she had lived in the City since 1989 and was a police officer who had recently retired after 17 years with the City. Dudng that time she saw Mr. Katz make decisions that were not in the interests of the few but in the best interests of all. As a taxpayer, she was concerned that the people who were in a position to make the major decisions that concern the City take into consideration the outcome and how it will affect everyone, not just the people in a particular District, and most 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 importantly, how it would affect the City in the future. When Ms. Traylor called Mr. Katz today, he said he must be crazy to take on the responsibility again. She told him he was doing it because he cared. He has a family and a full-time job but has kept himself informed of the City and government projects. This takes a lot of time and effort on his part and he is not even an elected official. She asked that the Commissioners select David Katz as the new Commissioner. Tim Hill, 1045 N.W. 10th Street, Boynton Beach, respectfully requested that the vacant position for District II be put up for a vote of the community. Mike Vargas, 663 N.W. 11th Street, Boynton Beach, spoke on behalf of Mr. David Katz. He had known Mr. Katz for three years and had seen his involvement with the community. He served for three years on the Homeowner's Association in their development and successfully negotiated a cable contract for the development, which saved approximately $250 per year for each homeowner. He worked with the Public Works Department to change their trash pick-up day from Friday to Monday, allowing their development to be less affected by unsightly trash and debris. He also had their voting location changed to one closer to their homes. He was a friend who can be counted on, regardless of the situation. He is well aware of Boynton Beach's needs and requirements to maintain this quality of life. He bdngs his knowledge and expertis~ to the position since he served as Commissioner previously for the City. Herb Suss, 1711 Wood Fern Drive, Boynton Beach, stated that the Mayor had asked for information and he said he had documented, public record information, an application from Mr. Katz for a Board appointment where he had put "two years of college" down on the application, signed January 8, 1992. On a different page for the same position, he put four years of college and it was dated Apdl 15, 1992 and signed on July 14, 1992. He questioned the credibility of Mr. Katz. He was applying to be City Commissioner and the City Commission was going to make the choice. If they did, credibility was an issue. Mr. Suss asked that the Commission not put the City back twenty years. He also said that anybody on the Commission who felt they had a loyalty to Mr. Katz had already voted once and paid their loyalty back. Give the citizens and me the loyalty because what you do or don't do :has an effect on my life as well as everybody else in here. Mr. McCray has been at every City Commission meeting. He does not need "on- the-job" training. He knows full well what the developments are and can immediately sit up there and do the job. Give us diversification. Your loyalty is to the citizens. Elizabeth Jenkins, 711 N.W. 1st Street, Boynton Beach, said she was here because she lived in District II and well knew that the voters had spoken. She was concerned about the way the Commissioner who had just come on board was trying to get Mr. Katz in. They have already told the City what they needed and what they wanted. To get someone on the Commission just for what they know or can dig up is bad news. We need a diverse Commission and City. She said the Commissioners had put Mr. Katz on the Board but he had missed four meetings. When she missed four meetings she got a letter and she had to struggle to get back on even after she explained. She had to call the Mayor and the City Clerk in the process. She said this was wrong. She stated that the north end needed somebody that would stand for them. How could they know who was going to stand until they tried the best? Teresa Arsenault, 722 N.W. 11th Street, Boynton Beach, spoke on behalf of David Katz. She thought he would make a fine Commissioner and if the Commissioners decided on a citywide vote, she thought every vote should count. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15,2001 Mary Louise Orr, 159 S.E. 27th Way, Boynton Beach, spoke in support of David Katz. She had lived in the City for 30 years and had known him for over 20 years. She said he had always been there for her and had helped her in the neighborhood when there were problems. She supported him wholeheartedly. Ray Capobianco, 60 Paxford Lane, Boynton Beach, stated that he had been a resident since 1989 and had seen Boynton Beach really growing. He believed the City needed a Commissioner that had experience in dealing with City problems and was honest and that person was a former Commissioner,-David Katz. Dee Zibelli, 440 Ocean Parkway, Boynton Beach, said they should all be ashamed of what is happening to our City where outside residents or outside interests, both black and white, are interfering with our privilege of appointing and/or voting for our candidates. The dignity of the office was jeopardized by Commissioner Fisher's incomplete statements on the dais at the last Commission meeting and he eventually found that he hurt himself in a large voting bloc by not knowing facts, since he had not lived here long enough to have known them and didn't check on the end result of saying them. She had gotten phone calls from persons who used language she could not repeat and other incidents. It was shameful that the situation was allowed to happe0 and when she read in the Post that Mack said it was a racial problem, she was disappointed. He was forgetting that she and Mr. Katz had worked for him when he ran in 2000 and helped get votes for him. However it went tonight, she wanted to get together and stop the hate and hurtful accusations and run our own City and let the others run their own cities and in some cases, their own counties. Jim Miriana, 728 N.E. 8m Avenue, Boynton Beach, said that this was a stacked deck. He said that the Commissioners had reached the point where they had to make a very important decision, the choice of candidate for Commission or whether it would be put up for general election. He said they should face reality. One of the present Commissioners was chosen by this Commission, which was accepted by the community of Boynton, and why could the expense of an election not be avoided by choosing a Commissioner this evening who could fill the position and the needs of the District? This gentleman is Mack'McCray, who can represent without any problem the black community and can allay the fears that we are a discriminatory group, one who can represent all of the people of his district. Tim Rausch, 683 N.W. 11t~ Avenue, Boynton Beach, did not come forward when his name was called. The Mayor declared that the Public Audience was ended and turned the discussion over to the Commission. Vice Mayor Weiland called on people to consider the wonderful testimony of Mrs. Betty Thomas in speaking about her husband, a pillar of the community for many years, and Mr. Sciortino speaking about a death from breast cancer. These were serious things that meant a great deal rather than the petty bickering or complaining about minor things encountered on a day-to-day basis. He said he had known Mr. McCray for two and a half years and that after their 'first meeting, Mr. McCray had offered to allow Vice Mayor Weiland to put a sign in his front yard as he was running for Commissioner. He said he thought a lot of him then and now. He had to make a decision based on his experience and knowledge. He had heard comments about why they did not follow the same process that they did when they appointed Commissioner 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Ferguson? They had a special meeting to set the process but it was not done. Nobody simply said, how are we going to look at the candidates, how are we going to make our decisions? It is purely subjective as to what each one of us thinks, feels, and sees. He had heard a lot of negatives about Mr. Katz and a lot of positives about Mr. McCray. Some of them may be true about both of them; some of them may not be true. He said they were not up there to make friends at every meeting. They were there to make decisions that best fit the City as a whole, not special interest groups. He mentioned Mr. Katz's attendance at the Community Relations Board. He was an Alternate member, not a voting member. He sat in the audience. This Board met the same night as the City golf league of which he was a member. After checking with City officials and with Mr. Katz, he made sure beforehand that there was a quorum and that his attendance would not be required. He did not know how this fit into the rule of missing three meetings but he was a non-voting member. A lot of people stated he had missed this meeting and he thought it was a way to stack the deck against Mr. Katz and make him look bad. The individuals did not seem to know the reasons behind his missing the meetings or if they did, they failed to mention them. He felt that the people who were talking about a stacked deck should have mentioned it at earlier meetings where there was only support for Mr. McCray. He had also heard in the past couple of weeks about District II being predominantly a black district. Vice Mayor Weiland gave some statistics based on his research that did not support the predominantly black Distdct II premise. Without redrawing the district lines, there was no clear~ cut way to determine the numbers of black, white, Hispanic, and other registered voters with 100% accuracy. There are people who live in District IV who vote in Distdct II if you go by the precincts and district lines as they are drawn today. Vice Mayor Weiland stated he had said in the past that diversification was needed on the Commission and he still felt that way tonight. Vice Mayor Weiland stated that if he had to make a decision this evening he would have to say that both men were capable of doing the job but in weighing this, he believed that choosing someone with prior experience would be best for the City. He had heard peoPle say, "Please don't put us back 20 years", and it was not the Commission that would be putting the City back 20 years, but the people who were making the statements because they wanted to hold on to this and bring it up. Commissioner Fisher stated that it was not an issue of black or white. Do blacks only vote for blacks? Brian Edwards, who is white, stepped down from being a candidate for Commissioner for the good of the community, offering his support to Mr. McCray, who is black. On the issue of attendance, he stated that he had been in the same golf league and his partner in golf was the Chairman of the Community Relations Board and he did miss a meeting for the same golf league. With the power we have as Commissioners we should stick to the facts and the facts only. We have facts before us to help with that choice. He referred to the beginnings of government, saying that either you were going to be the voice of the people or not. The founding fathers introduced the revolutionary idea that government could rest on reason and the choice of the people themselves, which was thought absurd in other lands at the time. Commissioner Fisher said that Thomas Jefferson had said that but that was what was happening tonight. He said he and Mack had never been to each other's houses but that did not matter. He could tell what the people wanted - it was very clear to him. Residents of Distdct II had made their point very, very clear. Commissioner Fisher praised the McCray supporters for their good work, saying that if it went to an election and they stayed united, the district could come up with the candidate of their choice. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Mayor Broening spoke of how he looked at the role of an elected official. He thought an elected official was chosen to represent the people. He said that people are chosen that have no experience in the political arena, using himself as an example. He liked to refer to himself as a volunteer and not a politician. He thought of himself as a citizen of the City who volunteered to take the responsibility for very difficult decisions that flew in the face of wishes of individuals and groups. They were there to represent the interests of the people, as they perceived those interests to be. He based his choice on the issue of representation. At the last meeting he had talked about objective qualifications and he ranked all three of the candidates against those objectives. When it came right down to it, the decision was a subjective one, based on what he thought was best for the community, He hoped that all four of them would keep the good of the entire community in mind if the issue came to a vote at this meeting. Motion Commissioner Ferguson moved that David Katz be appointed to fill the vacant District II Commission seat until the next municipal election. Vice Mayor Weiland seconded the motion. City Clerk Prainito called the roll. The motion died due to a tie vote, Commissioner Fisher anU Mayor Broening dissenting. Motion Commissioner Fisher moved to appoint Mack McCray to fulfill the remaining months until the March election. Mayor Broening passed the gavel and seconded the motion. In discussion, Commissioner Fisher said that the points that were made tonight were part of the big picture. It was more than local. People from Washington, D.C. were looking at this. What is done here tonight is going to influence, whether they liked it or not, several years to come. He believed this was a consideration and hoped others would also. City Clerk Prainito called the roll. The motion died due to a tie vote, with Commissioner Ferguson and Vice Mayor Weiland dissenting. Mayor Broening declared a deadlock and asked the Commissioners if they wished to table the issue? Commissioner Ferguson asked that the Mayor recognize Mr. David Katz, who wished to address the Commission and the audience. David Katz, 742 N.W. 11t~ Street, Boynton Beach, stated that there had been a gentleman who had spoken against him, John Cooper, who lived in his neighborhood. Another gentleman who spoke in his favor slightly misstated something that happened in Sky Lake when he was President of the Board. He brought the idea of community cable to the Board to save the people money, did some of the research, and then Mr. Cooper took it over and was the one who actually negotiated the contract. Mr. Katz stated that being a good leader, he delegated the task, and that is what happened. Mr. Katz wanted to respond to some of the comments that Commissioner Fisher made two weeks previously. He chuckled because he read from editorials from the Palm Beach Post 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15,2001 which were their opinion, not statements of fact. Commissioner Fisher read from them saying that he (David Katz) was divisive. He thought that anybody who was on the short end of a vote, whether it was 3-2 or 4-1 might be considered divisive, but that person is just stating their views and how they see them and stating them strongly and sticking to them as he has done. That does not make someone divisive. That makes them stating their views. He would be scared of a Commission that always voted 5-0 because issues would not get a fair hearing. Commissioner Fisher read from the editorials talking about a letter that got sent into Hunter's Run. People who were a lot smarter than him, had a lot more money behind them, the Florida Elections Commission, looked into the matter and totally cleared him of that. Commissioner Fisher failed to mention that. Commissioner Fisher mentioned a vote he had taken while on the Commission from the editorials of the Palm Beach Post, that he had voted against the confirmation of Floyd Jordan, a black man who applied to be the Fire Chief here. He also got up and spoke in favor of Wilfred Hawkins when he was hopefully going to be the City Manager. He did that for the same reason he voted against Floyd Jordan. He believed in hiring from within, contrary to the Palm Beach Post editorial, which again is opinion, but he read as fact. There were two men in service in the Fire Department at the ti me who were highly qualified to be the Fire Chief and Mr. Katz thought that hiring from within would be the right thing. At the time there was a black man, whose name was Perry Patterson, who Commissioner Fisher did not know because he did not live here,, who was a Lieutenant in the Fire Department who had been promoted to Captain. He had-been in the fire service close to 20 years, he had gone int~3 people's homes, helped save their lives, put rites out, and this man created a glass ceiling over his head because we went outside the department. Mr. Jordan isn't here any more. Mr. Katz stated he had always felt that this was an application process, not a political process. The people who spoke for Mr. McCray had been accusatory and sometimes downright nasty. Mr. Suss mentioned something tonight he wanted to comment on. He stated that when you ran for office, and he had run for office a couple of times, won once, lost the Other, the press looks into your background. They never printed anything so he guessed everything was okay. Two weeks ago Mr. Suss came up here and was pointing fingers and threatening. Anybody who spoke for him tonight only spoke about qualifications. They never put anybody down, they never questioned anybody's background, because everybody has a skeleton, everybody. They had Mr. Dan Lippman from Representative Alcee Hastings' office come to speak. That was their right. Mr. Katz said he voted for Mr. Hastings after he won a primary from Lois Frankel. He met with Mr. Hastings when he was a Commissioner for about thirty minutes about a man who wanted to be remembered as a pdsoner of war and he helped that out. That very night he held his first town meeting at Boynton Beach and he drove him here in his car but this was also a man who was impeached by the U.S. Senate. So, Mr. Katz said that nobody was throwing barbs at Representative Hastings but they threw barbs at him. Mr. McCray had a quote in the Palm Beach Post that was referenced and it disappointed Mr. Katz because he believed him to be a decent man. He said, "it's a political thing - it's more racial than anything else". That disturbed Mr. Katz. He believed there were some hypocrites in the group at this meeting. He stated that if a black person had been the one up there and had resigned and the second place finisher was white, he did not think they would be hearing about the second place precedent and in fact there is none, legally or otherwise. If the person who resigned was white and the second place finisher was white also, in the election we are talking about, and that person applied, but also a more qualified black applicant, the second place argument would never be heard, not a whisper. He believed that to be true. 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 With all due respect to those of the assembly who were being hypocritical, there was light at the end of the tunnel because it meant they knew right from wrong. It also struck Mr. Katz as funny that the editorial in the Palm Beach Post kept citing, "What if single member districts had been routine?" As usual, nothing truly factual was stated. But, they did omit the fact that when single member districts were on the ballot, they wrote editorial after editorial against it. Their editorial writers who produce this pablum then go home to their gated communities in Boca, in Wellington, and in north Palm Beach, trying to stir up trouble in Boynton Beach to sell papers and to divide our City. Again, Mr. Katz believed Mr. McCray to be a decent fellow but Commissioner Fisher and his supporters and the press had created this dirty, greasy pole to climb up and at the top there was this $25.00 prize and they wanted Mr. McCray and Mr. Katz to climb up in a $35.00 suit. The $15,000 for an election, as well as the time and effort and all that would be involved, is totally unnecessary. The money could be spent to correct the drainage problems in at least a couple of homes and he was not going to be party to the waste. He stated he left the podium knowing that it was an application process and he was the more qualified applicant. Quoting directly from Mr. Katz: "To the people who love me and respect me and have believe;;I in me tonight, for my family and myself I thank you from the bottom of my heart and your hear~. To the people that don't, may God turn your hearts, and if that doesn't work, may He turn your ankles so we may recognize you by your limping. Having said all of that, in accordance with Roberts Rules of Order, he asked the Commissioners who voted on the favorable side of Mr. McCray's denial, to move to reconsider so that the City can put this behind us and in the past and the Commission can go on as a group of five. Thank you." Vice Mayor Weiland said that the press had a lot of potential to bring truth and beauty into our lives and encouraged them to be positive in their reporting on issues and people. He was not directing the comment towards any particular television station, reporter, or newspaper. He said that was true around the country. Commissioner Fisher wanted to congratulate Mr. Katz for his heart-felt contribution to the City welfare. Perhaps there would now be an end to the polarization and he would move to reconsider the denial of the appointment to Mr. McCray. Mayor Broening stated that it.would have to be a new motion. Motion Commissioner Ferguson moved to appoint Mack McCray to fill the vacant District II Commission seat. Vice Mayor Weiland seconded the motion. The motion carried unanimously. Mayor Broening wanted to applaud Mr. Katz, who in the past several months had gone from being a political adversary to becoming a friend. Mr. Katz had shown his generosity and civic- mindedness in a way that was absolutely commendable. Mayor Broening thought he had the spirit of the new Boynton Beach and hoped that everyone left the meeting with the same feeling. Mayor Broening thanked Mr. Katz. Commissioner Fisher said that as to the stand he took in the matter, if he embarrassed anyone or offended anybody, that was not his intention. His intention was basically to make sure that representation was there. Commissioner Fisher said to Mr. Katz that while he did not see this 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 as he and Mr. Katz going to lunch together yet at this point, he did appreciate his final comments, thought it was the right thing, and thanked Mr. Katz. MAYOR BROENING ANNOUNCED A FIVE-MINUTE RECESS AT 9:10 P.M. AT 9:15 THE MEETING WAS RECONVENED. VI, CITY MANAGER'S REPORT: A. Performance Review - City Manager Mayor Broening reported that each of the Commissioners had received a summary statement from Mr. Bressner, which set forth his requests and asked for questions or comments. Vice Mayor Weiland referred to an article he had read about a City Manager who lost his job and walked away with $364,000 in benefits, perks, and severance. While he did not envision Mr. Bressner leaving and lauded him for the supedor job he had been doing, he did not want to see a similar thing ever occur in Boynton Beach. He thought adding 'the requested increase tO the ICMA Deferred Compensation Plan and allowing 20 days of vacation would be a good compromise and that he had previously discussed it with Mr. Bressner. Commissioner Fisher said there was no question in his mind that for the job Mr. Bressner did in the City, he was underpaid. He said that Mr. Bressner was the CEO and the Commissioners were the Board of Directors and that if the CEO disagreed with the Commissioners, he let them know, and that this was important to the Commissioners. He believed the requests were reasonable but asked if the addition to the deferred comp could be made incrementally? Mr. Bressner replied that it could not unless the Commission wanted him to retire at 55, which he did not want to do. He was not eligible for the "catch-up" provision in the ICMA Deferred Compensation Plan. He said he was asking for the deferred compensation amount to go up to $8500 this year from the $8,000 it was now. He did not ask for a salary increase because the Commission had granted his request for severance six months ago and that had been a big jump. He said the Commission could view the severance package as an insurance policy for his family, that he had no intentions of leaving the City and that he loved the City, the staff, and those on the dais. Mr. Bressner respectfully requested the increase in the vacation time from 20 to 25 days. He was asking for that because part of what he did, in addition to just going on vacation, was serving the needs of his profession as a City Manager. He did research, study, and traveled to talk to colleagues and every four years, did a national survey on the council/manager form of government. He wanted to gear up for the 2002 survey and may need additional time to travel for that survey. He believed this reflected on Boynton Beach because its name went right up along with his when the articles were published. He wanted to do some studying and research on how well the council/manager form of government was doing nationwide and the issue of citizen engagement. Mr. Bressner noted that although tonight had been a very positive oupoudng of community involvement, they did not often see such a big crowd. That was being played out all over the United States and it had played out the night before when the City had sent out 400 notices to 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 homes of people about a park next to their neighborhood, and only a handful showed up. Mr. Bressner wanted to try to turn that around in a small way. He reiterated that he was not interested in an increase in salary. Commissioner Fisher said he was looking at 20 days as the contract amount and that while he also did not anticipate Mr. Bressner leaving, he echoed Vice Mayor Weiland's concern about the accumulation of benefits and the potential effect of it. Commissioner Fisher lauded Mr. Bressner for his dedication to duty and availability. He did not believe there should be any problem if Mr. Bressner wanted to take time off for personal reasons or for research or travel for his profession. In fact he believed he should definitely take personal days off, as he needed them. Vice Mayor Weiland said Mr. Bressner did not need to sit in his office six days a week and be seen. In a good corporation, the employees run the corporation and the CEO makes sure that things run smoothly. Mayor Broening commented that when the City interviewed Mr. Bressner a year ago, one of the considerations was that he would have sufficient time to pursue the professional development aspects of his profession, of which he is a national leader with many published documents and studies. Mayor Broening was prepared to go along with 20 days but wanted a resolution fror~ the Commission that it would continue to encourage Mr. Bressner to participate in the collegial things he did with his profession. He brought back wonderful models and information anti provided it to others as well. The City had an obligation to continue that trend. He was very pleased with the job that Mr. Bressner was doing and could see the results. He believed the upcoming years would show even more improvements in performance. He was disappointed that Mr. Bressner did not want more money as he believed his salary was a pauper's sum for someone who mn a $100M a year business. He said that the salaries of the Assistant City Managers were close to Mr. Bressner's and he preferred to see some distance there. Vice Mayor Weiland believed that the going rate for a City Manager in a City the size of Boynton Beach was between $118K and $135K, from Stuart down to the Florida Keys. Vice Mayor Weiland believed that Mr. Bressner should be encouraged to go to whatever meetings he deemed necessary and that it did not reflect on his vacation time whatsoever. Mayor Broening pointed out that Mr. Bressner wanted to change from his current vehicle to a small, plain, white SUV. He had also asked tc~ be given the 1% lump sum amount the employees were recently given to help defray the cost of health insurance. Motion Commissioner Fisher moved to 1) approve adding $500 this year for the ICMA Deferred Compensation Plan; 2) to increase vacation from fifteen days to twenty days; 3) to upgrade the vehicle to a small SUV as stated; and 4) to help defray the cost of health insurance, a 1% lump sum amount (not added to base pay), be granted, similar to what the employees were given last year. Commissioner Ferguson seconded the motion that carried unanimously. Mr. Bressner appreciated the action on the part of the Commissioners and thanked the Commission for their confidence and support. 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Bo Approve the demolition of the Mangrove Park School (Old High School) at 125 East Ocean Avenue and create up to 50 parking spaces on site at a cost not to exceed $250,000 Quintus Greene, Development Director, stated that staff understood and appreciated that there were reasons for nostalgia concerning the Old High School and that there were those who wished to see the building preserved and re-used as a school or in some other manner. However, since the last time the issue was high profile in 1993, the building had continued to deteriorate and none of the proposals presented to the City had included any money for the building's restoretion. Each of the three proposals he had seen in-the previous eighteen months had been based on the premise that the City of Boynton Beach would be responsible for most, if not all, of the money required for the restoretion, an estimated $3 to $5M. There was also a suggestion that there was money available from sources that wanted to preserve historic buildings. Mr. Greene had researched this and even if the building qualified as a historic building, the maximum amount that was available for such restoration was $250,000. He checked resources from the National Trust for Historic Preservation and the State of Florida. The question had come up about architectural character. As an architect, personally, he was not one who felt there was a real strong representation of a particular period in the Mangrov~ Park School. However, the Community Redevelopment Agency, when it made a decision to support the staff recommendation to demolish the structure, required that certain architectural features are preserved and staff is agreeable to that. It was the opinion of staff that, given the present state of deterioration of the building, the high cost of repairs, the absence of any realistic private financing for renovation, and the number of other high priority capital needs of the City, that it would be difficult to support any commitment of City funds for this project. Also, in the redevelopment plan currently being prepared for the school's site and the surrounding area will, for the first in the City's history, provide the City of Boynton Beach with a true Town Square. It is for these reasons that staff recommended demolition of the Mangrove Park School. Mr. Greene offered to show presentation boards that showed the concept of Town Square if anyone cared to see them. Commissioner Fisher questioned making a parking lot at that location, preferring to leave it as green space until the eventual building of the Town Square. Mr. Greene said the reason they were recommending 50 temporary parking spaces was that the Children's Museum was scheduled to open in September. Also, there is an effort to get a grant to expand the library and part of that library expansion will require the availability of some 200 parking spaces. Commissioner Fisher said he thought the library expansion may take several years to accomplish and Mr. Greene said that was true but that as part of the application process, the City had to demonstrete that the parking spaces were available. Ms. Farace said the intention had to be there, not necessarily the parking spaces themselves. Commissioner Fisher suggested earmarking the land as a future parking area, but leaving it green in the meantime. Mr. Greene replied that the City could do so. Vice Mayor Weiland asked what the cost had been to renovate the Schoolhouse Museum with all the different add-ons? Ms. Farace thought it had been $1.4M, $900K of which were City funds. Vice Mayor Weiland said they had decided to get community input on this and it had come to them a few weeks previously and then it was delegated to the Community 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Redevelopment Agency. Vice Mayor Weiland thought that not enough community outreach had taken place to date. It was done at a CRA meeting at the very end of the meeting. The issue came up around 10:15 at night when, naturelly, most of the people that came out to speak on it were elderly people and they sat through three hours of meeting until this came up, voiced their opinion, and the Board recommended to tear the building down and bring it before the Commission. He did not consider that this meeting represented an adequate amount of community outreach to determine what to do with the building. Vice Mayor Weiland wondered if further attempts at community outreach might bring forth a large outpouring of support for renovating the building? Vice Mayor Weiland thought the issued needed a longer time for consideration before making a decision on teadng the building down. Commissioner Fisher understood his point but said it had been out there for several years and it wasn't the first time they had been asked to make a call on it. Part of the reason it was in the shape it was is that the Commission did not put any money into it. Possibly if they had put money in it in the past to preserve it and do the roof and take care of the termites, the present situation might not exist. This had come up several times before and had been well publicized in the paper on several occasions so this had not been a last minute thing. He said it was up to the Commission and not the CRA as to what was to be done with the building. He said if they chose to preserve it, what capital improvement plan item would they cancel for the $3-5M? Should they stop the librery expansion? There is only so much money they had to work with. If they can save it, by all means, save it he said. Commissioner Fisher asked if anyone had a viable solution for that building at this time? Was anyone trying to raise the money to fund the renovatiOns? He thought the City could wait 30 days for an answer. Commissioner Ferguson said he had no qualms about tabling it but wanted to have a date certain for a decision and in his mind another 30 days would not make any difference. If no one came in from the community with a scheme to at least share the cost, he believed the issue was dead. Mayor Broening invited the persons who had submitted cards to speak from the public at this time. Harvey Oyer, 512 North Seacrest Boulevard, Boynton Beach, said there were a number of persons who were there because of the result of the CRA meeting. They did not have time to get fully organized but were represented by counsel and asked Mr. Mark Pen'y to speak on their behalf. Mark Perry of Perry & Kearne of Delray Beach, Florida stated he was speaking on behalf of 18 individuals who had gotten together in 24 houre to provide dollars and support for an ad hoc group they were organizing to present possibilities for the development of the Mangrove Park School to the Commission. Mr. Perry provided the Mayor with a list of the individuals who had provided dollare for this purpose. It was a list of Whos Who from the City of Boynton Beach and many of them had been in the City for seventy to eighty yeare. Several of them had been on the Commission as mayore or Commissionere. They had shown an interest to form a tax-exempt, non,profit organization to be able to promote the project, obtain donations, and investigate the possibility of getting dollare elsewhere than the City of Boynton Beach. At some point they may come to the City for dollare but as for now, they have heard from the Commission who have said the City does not want to support the project on its own. They wanted to do something similar to the City of Delrey about developing the downtown area. Old School Square was not 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 really promoted by the City-the citizens themselves developed an organization that went out and got the money to develop Old School Square. They wanted the same opportunity here. If they did not come up with a plan that the Commission liked, they understood it would have to be demolished. They asked for the opportunity to develop a plan and come back and report on a monthly basis for at least six months. Motion Commissioner Fisher moved to table the demolition of Mangrove Park School until the June 19 City Commission meeting to give a final opportunity for whoever wants to try to put something together to show us their proposal. Commissioner Ferguson seconded the motion that carried unanimously. VII. PUBLIC HEARING: Project: Agent: Owner: Location: Description: Boynton Beach Masonic Lodge - Daycare Gentile, Holloway, O'Mahoney & Associates, Inc. Boynton Lodge #236, Free & Accepted Masons _.- 2701 Quantum Boulevard Request Conditional Use Approval for Lots 22 and 22-A Plat of Quantum Park, at Boynton Beach, PID, Plat No. 3 for use as a Daycare/Preschool Mayor Broening asked for comments or questions from the Commission or staff. Motion Vice Mayor Weiland moved' to approve the Conditional Use for Lots 22 and 22A Plat of Quantum Park, at Boynton Beach, PID, Plat No. 3 for use as a Daycare/Preschool. Commissioner Ferguson seconded the motion that carried unanimously. Project: Agent: Owner: Location: Description: A Pink Princess - LUAR Bradley Miller George & Maron R. Uhazie 1120 S. Federal Highway Small scale land use amendment from Office Commercial (OC) to Local Retail Commercial (LRC) and rezoning from Office and Professional Commercial (C-1) to Neighborhood Commercial (C-2) for a .73 acre parcel of land A.ttomey Jim Cherof administered the oath to ali that intended to testify at the meeting. Carl Cassio appeared on behalf of the applicant, Janet Kysia. He also had Bradley Miller of Miller Land Planning Consultants with him. He asked that Ms. Kysia be given an opportunity to tell the Commissioners what she planned to do with the property if it were rezoned or reclassified. He stated that Mr. Miller would respond to questions from staff. Janet Kysia said she had fallen in love with this piece of commercial property on Federal Highway and had a vision of what could be created. It was a family business and she had 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 begun to fix it up already. They had a business in Boca for nine years. They had a high-end clientele from the recently closed doll and toyshop. She wanted to create a girl's boutique that would have the ambience of little girls in their dress-up clothes having tea parties and storybooks by the fireplace. She thought it would open the building up for the public to come in and enjoy the property. It needed to be fixed up and she intended to do that. She thanked the Commissioners for their consideration. Commissioner Fisher asked for a quick summary from staff as to why the CRA recommended denial of the application? Mr. Larry Finkelstein, Chairman of the Community Redevelopment Board, said the consensus of the Board had been that they wanted to enact the Federal Highway Corridor Plan and complete rezoning for the entire area, not just in spots here and there. The Board and some of the neighbors in the adjoining residential area did not want to intensify the zoning. Also, the Board believed that if the current use did not work out, the door would be opened for other, possibly unwelcome, uses. Mr. Bradley Miller, a land planner for the project, who had made the presentation for the project at the CRA, made some comments. Mr. Miller showed the Commission a colore~ picture of the survey of the building that showed the location of the property which sat on two parcels of land. They did not plan to make any changes except improvements to the building. The Colonial Office Center development to the south of it wrapped around on the East Side. That would remain Ct and there was a landscaping buffer already in place. There was an Amoco gas station across the street, a Dunkin Donuts, and this project would provide a transition. The I-HOP Restaurant was within the same Cl zoning distdct as a non-conforming use. He believed there was an opportunity to retain the house that was built in the 1930s and preserve a structure like this in Boynton Beach and fulfill a dream of Ms. Kysia. She is going to try to get this on the historical register and to commit herself to the property and improvements made thus far. Vice Mayor Weiland said it pointed up the need for the City to address its zoning issues and resolve them because this would come up time and time again. He saw no reason why this should not be permitted. He thought Mr. Finkelstein had a valid point that it did not meet the criteria for where it was but he did not see the reason for denying it. Motion Vice Mayor Weiland moved to approve Item VII-B. Commissioner Ferguson seconded the motion that carried unanimously. VIII. FUTURE AGENDA ITEMS: A. Status report on new meeting schedule for advisory boards (June 19, 2001 ) Bo Discuss adoption of an Comprehensive Water Conservation Strategy for all water customers of the City of Boynton Beach Utilities - (TABLED ON MAY 1sT -WILL BE DISCUSSED ON JULY 3RD) 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Application for funding from County DIP and RAP funds for a footbridge for Girl Scout Park (RAP), 17th & Seacrest Boulevard Traffic Control and Hester area traffic calming (DIP) and Seacrest Landscape Island Improvements (DIP) - July 17, 2001 D, Update on Senior Citizen Center Programs and Usage - June 5, 2001 IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: Amendment to the City Charter and Code to reflect a change in the date of Municipal Elections from March to November to coincide with County State and Federal elections (PROPOSED ORDINANCE NO. 0'1- ) Motion Commissioner Fisher moved to table this item until the June 5, 2001 City Commission meeting - to allow the fifth Commissioner to join the Commission. Vice Mayor Weiland seconded the motion that carded unanimously. Xl. LEGAL: Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 01-20 Re: Adopting the Federal Highway Corridor Redevelopment Plan and Implementation Plan (TABLED ON SECOND READING ON MAY 1, 200'1) Attorney Cherof read Proposed Ordinance No. 01-20 by title only. Mayor Broening announced the public headng. There was no one present who wished to speak on this Ordinance. Motion Commissioner Fisher moved to approve Proposed Ordinance No. 01-20. Commissioner Ferguson seconded the motion. City Clerk Prainito polled the vote. The vote was unanimous. B. Ordinances- Ist Reading Proposed Ordinance No. 01-21 Re: Approving the rezoning of a + 53.69 acre scrub preserve from "Single Family Residential" (R-l-AA) and "Duplex Residential" (R-2) to "Recreation" (REC) pursuant to a condition of an intedocal agreement with Palm Beach County Attorney Cherof read Proposed Ordinance No. 01-21 by title only. 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15,2001 Motion Commissioner Fisher moved to approve Proposed Ordinance No. 01-21. Commissioner Ferguson seconded the motion. City Clerk Prainito polled the vote. The vote was unanimous. Proposed Ordinance No. 01-22 Re: Approving the rezoning of a + 13.59 acro scrub preserve from "Single Family Residential" (R-1) to "Recreation" (REC) pursuant to a condition of an interlocal agreement with Palm Beach County Attorney Cherof read Proposed Ordinance No. 01-22 by title only. Motion Commissioner Fisher moved to approve Proposed Ordinance No. 01-22. Commissioner Ferguson seconded the motion. City Clerk Prainito polled the vote. The vote was unanimous. 3. Proposed Ordinance No, 01-23 Re: Amending Chapter Administration Article I. Section 2-20 of the Code of Ordinances to clari~y the reconsideration process as it relates to quasi-judicial boards Attorney Cherof read Proposed Ordinance No. 01-23 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 01-23. Commissioner Fisher seconded the motion. City Clerk Prainito polled the vote. The vote was unanimous. Proposed Ordinance No. 01-24 Re: Amending Section 15-8.6 Exemptions, by creating a new subsection 15-8.6 (8) exempting municipal construction from Section 15.8-5 noise control prohibited acts Attorney Cherof read Proposed Ordinance No. 01-24 by title only. Motion Commissioner Fisher made a motion to table this item until the next meeting. Commissioner Fisher said thero were several open holes that had come up in the Pro-Agenda meeting regarding the noise itself. He proposed they table this item until the next meeting to give a little more opportunity to firm up the language. Mr. Bressner said that the purpose of the ordinance was to deal with a construction matter only on Industrial Drive, a storm sewer project. He recognized thero were other noise issues facing the Commission. He said staff was requesting that these issues be dealt with separately to include defining noise, measuring noise, and enforcing noise ordinances. He did not recommend holding up the passage of this ordinance to wait for the deliberations on the other noise issues that would take some time. Commissioner Fisher agreed to remove his motion but wanted to know how much time was involved in addressing the other noise issues? Mr. Bressner said this was really a Code 27 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15,2001 Compliance issue and until the City got a little further into it, he would be reluctant to give a timeline. For the audience, Mr. Bressner stated that it had to do with noise from boom boxes, noise from bands, disturbing-the-peace kinds of noise and those were always difficult issues to deal with and there had to be a standard method of measuring noise. Communities nationwide were wrestling with this and they were getting comparative information from other communities at this time. Commissioner FiSher withdrew his motion. Motion Commissioner Fisher moved to approve Proposed Ordinance No. 01,24 with direction to staff to get the noise issue situation resolved in a timely manner. CommissiOner Ferguson seconded the motion. City Clerk Prainito polled the vote. The vote was unanimous. C. Resolutions: Proposed Resolution No. R01-193 Re: Approving the issuance of not to exceed $27 million in aggregate principal Utili~ Revenue Refunding Bonds, Series 2002, providing a method for fixing and determining the principal amount, interest rates, maturity dates, redemption provisions and other details of said bonds Attomey Cherof read Proposed Resolution No., R01-193 by title only. Mr. Bressner stated that in response to some questions from the Commission, an amendment to the Resolution was prepared that would provide language in the event the underwriters were unsuccessful in marketing the bonds by August 31,2001. For the audience, tl~e City was in the process of refinancing part of the 1992 Utility Bond Issue because of the dip in the interest rates. There is an opportunity to generate approximately $2M or more by refinancing at this time. They were not extending any additional debt but were reformatting the debt in a way that the City could use those dollars for a public purpose. If approved, the Resolution R01-193 stipulates that the window would expire on August 31, 2001. The staff will work with underwriters and bond counsel and act when they think the bond market is at its best to maximize the return. Motion Commissioner Ferguson moved to approve Proposed Resolution No. R01-193 with the August 31, 2001 date. Commissioner Fisher seconded the motion. City Clerk Prainito polled the vote. The vote was unanimous. UNFINISHED BUSINESS: Addressed earlier in the agenda. Xlll. OTHER: A. Informational Items by members of the City Commission 28 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA May 15, 2001 Vice Mayor Weiland thanked his fellow Commissioners for their cooperation and participation in the meeting. XlV. ADJOURNMENT: There being no further business to come before the meeting, the meeting was duly adjourned at 10:10 P.M. CITY OFBOYNTON BEACH Mayor ATTEST: Vice Mayor Commissioner City Clerk Recording Secretary (4 tapes) Commissioner 29 Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission Date Final Form Must b~urn~ ":~ in to City Clerk's Office Meeting Dates in to City Clerk's Office :'~- ~.: March7,2001 (5:00p.m.) [] Mayl5,2001 May2,2001 (5:00p.m.).~ ":~ March21,2001 (5:00p.m.) [] June5,2001 May l6, 2001(5:00 p.m.~_l ~ April 4, 2001 (5:00 p.m.) [] June 19, 2001 June 6, 200l (5:00 p.m.) April 18, 2001 (5:00 p.m.) [] July 3,200l June 20, 2001 (5:00 p.m.) V-CONSENT AGENDA Item B-I.. NATURE OF AGENDA ITEM REcoMMENDATION: Motion [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report to award "INSTALLATION OF ONE (1) NEW 15,000-GALLON SODIUM HYDROXIDE BULK STORAGE TANK", Bid #057-2821-01/KR, to Interstate Engineering Corporation in the amount of $ 60,800.00. EXPLANATION: Four proposals were received and opened on May 1, 2001 by Procurement Services. After careful review, we recommend Interstate Engineering Corporation of Boca Raton, Florida who has performed satisfactory work in the past; they are the lowest, most responsive, responsible bidder who meets all specifications. Bob Kenyon, Deputy Utilities Director, concurs with this recommendation (see attached Memo #01-100), PROGRAM IMPACT: The purpose of this bid is to secure the services of a qualified contractor to remove and dispose of the existing 15,000-gallon sodium hydroxide bulk storage tank, in addition to providing and installing one (1) new tank of the same size at the West Water Treatment Plant. The existing tank is seven years old, leaks, and is out of service. Temporary measures are being used until such time that the new tank can be installed. FISCAL IMPACT: Funds are available in General Reserves R&R Account ~40~.02 WTR097 for this necessary work to be completed. Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name /// //ei~y Attorney / Finance / Human Resources cc: Bob Kenyon, Deputy Utilities Director Barb Conboy, Administrative Coordinator Dave Ailstock, Chief Operator, WWTP File S:LBULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC MEMORANDUM Utilities #01-100 TO: FROM: Bill Atkins, Procurement Services B ob Kenyon. ,.~.0~ ~6~/-'- Deputy Utilities Directoe DATE: May 4, 2001 SUBJECT: Installation of One New 15,000-Gallon Sodium Hydroxide Tank Bid #057-2821-01/KR On December 14, 2000, a Task Order was authorized to CH2M Hill to prepare engineered specifications and design documents to replace the existing sodium hydroxide tank at the West Water Treatment Plant. This tank is over seven years old, leaks, and is out of service. We are temporarily using small-uninsulated tanks to receive and store this product. On May 1,2001, four bids were opened for the replacement of this tank and associated piping. The bids ranged from $60,800.00 to $87,800.00. We recommend award to Interstate Engineering Corporation. They are the lowest priced, responsive, and responsible bidder. They have previously performed work for us and we were satisfied with their performance. Funds are available in account #403-5000-590-96.02 WTR097 (General Reserves R&R) for this necessary work. Please present this to the Commission for their approval of this bid with Interstate Engineering Corporation in the amount of $60,800.00 for the installation of one new sodium hydroxide tank as specified in Bid #057-2821-01/KR. If additional information is needed, please contact Bob Kenyon at ext. 6402. /gb XC: Dale Sugerman John A. Guidry Dave Ailstock Barb Conboy RESOLUTION NO. R 01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID (NO. 057- 2821-01/KR) TO INTERSTATE ENGINEERING CORPORA-I'~ON, IN THE AMOUNT OF $60,800.00; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Procurement Services received and opened Bids for the above mentioned project on May 1, 2001, and it was determined that Interstate Engineering Corporation, was the most responsive bidder who met and exceeded all specifications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a bid for the installation of one (1) new 15,000 gallon Sodium Hydroxide Bulk Storage Tank in the amount of $60,800.00, to Interstate Engineering Corporation, and authorizing the Mayor and City Clerk to execute a Contract between the parties, a copy of which is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS __ day of June, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner Commissioner City Clerk _ - aa rn ~ ~OO -'1 -,I ~O '-nm _in CD itl ZO r-- O .. o Cr- ;o o~~°ZZ rnm mr oF: >~0~ >~ o ~m o --I Z -n c_ -.,,I - c) m ~zz o °z °z° 0~ o 0~ rn _ o - -~ ~ --'m ~ '~ m 0 ~ z;0 ITl m m m o~ ~ m ~m~ r- Z~ r- ~o 03 CD ~ ITl O 03 om colTI O °'r_ c~O C) i== ~ ;0 --~ O · 'o 3: Z '< O ' ~ o ~ ~ o ~' :Z: ~,, ~ o.. ~. 0 ~ ~.~' C~ m o ~ 0~ ~z > < o~o~ 0 ~ 3> .~ 03 C> Co ~ ~ z ~ _~- ~_ - ~ az ~OOaaa mm ~ ~o o 50, - o~ ~ ~c, ~ ~ ~m 0 ~ ~ ~ ~ mo a m o ~ ~Z ~ ~m . ~o~ - m~z ~ ~ ~ ~ mZ m m m ~ m mc' m 0 Wz ~ ~0 ~ 0 ~g-.~ ~ --. ~ ~ m ~ ~ o m z CONTRACT FOR THE "INSTALLATION OF ONE (1) NEW 15,000-GALLON SODIUM HYDROXIDE BULK STORAGE TANK AT THE WEST WATER TREATMENT PLANT" THIS AGREEMENT, made and entered into this day of , A.D. 2001, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and INTERSTATE ENGINEERING CORPORATION. a Florida Corporation (~). a Florida General Parmership (~) a Florida Limited partnership (~) a Sole Proprietor ( ) Check One hereinafter called CONTRACTOR . WITNESSETH That under the due procedure of law, bids were heretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, had determined that the bid in the total amount of Sixty thousand, eight hundred and no cents submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated ., which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: Bid Number: INSTALLATION OF ONE (1) NEW 15,000-GALLON SODIUM HYDROXIDE BULK STORAGE TANK AT THE WEST WATER TREATMENT PLANT 057-2821-01/KR City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices/or lump sum prices as specified in CONTRACTOR'S bid totaling $ 60,800.00. C-1 SCOPE OF SERVICES 2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract conditions, supplemental general conditions and special conditions of the contract, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof ~s contained in the bid, contract documents and specifications for the project. 2.2 All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and CONTRACTOR accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. 2.3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the~ detail for said work on file in the office of the City Engineer of the City and strictly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and City Engineer of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. 2.4 Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 2.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be supplied by CITY. 2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. C-2 3.0 2.8¸ 2.9 Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. Upon completion of the work, the City Engineer shall satisfy himselfi by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under "authority of the engineer" shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights and liabilities of an independent contractor. 2.10 After the cleaning up of the work, premises, streets, alleys, manholes, catch basins, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefor. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 2.11 The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. COMMENCEMENT OF WORK 3.1 CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 180 days following the commencement date as specified in same. C-3 4.0 5.0 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with herein before set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the amount stipulated therefore in the special conditions or in other documents for each and every calendar day that the CONTRACTOR shall be in default of completion. The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 3.3 CONTRACTOR shall, as soon as practicable, after signature of contract, notify City Engineer in writing of names of subcontractors proposed for principal parts of work, and for such others as City Engineer may direct, and shall not employ an that architect may, within a reasonable time, object to as incompetent or as unfit. LIQUIDATED DAMAGES 4.1 The CONTRACTOR further agrees to pay $250.00 'per day as liquidated damages, for failure to begin within ten (10) days of "Notice to Proceed" or failure to complete the work within 180 calendar days from the commencement date to be indicated in the written ''Notice to Proceed". PROTECTION OF EXISTING FACILITIES 5.1 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support 'thereafter; also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. C-4 6.0 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. INDEMNIFICATION 6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 6.2 CONTRACTOR shall indemnify and save hannless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 6.3 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in Attachment "A" herein. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct from the other. 6.4 The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. C-5 7.0 8.0 PAYMENT BY CITY 7.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. CHANGES IN THE WORK 8.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 8.2 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 8.3 The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: 8.3.1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 8.3.2 Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for extras will be considered or allowed by the CITY. 8.3.3 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. ' &3.4 Changes in the work directed in writing by the CITY'S Representative under the following procedures shall become a part of the Contract by a written Change Order. 8.3.5 Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY'S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. C-6 8.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the folloWing procedures before a written Change Order is issued: 8.4.1 By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer, the unit price shall be subject to review to determine if a new unit price should be negotiated; or 8.4.2 If no such unit prices are set forth, then bY a lump sum or other unit prices mutually agreed Upon by the CITY and the CONTRACTOR; or 8.4.3 By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4.3.1 The CONTRACTOR shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2 The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 8.4.3.3 Where it is indicated that the Contract is Federally or State assisted, the CONTRACTOR'S attention is directed to the applicable rules and regUlations relative to cost principles which must be used for the determination and allowability of costs under 8.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. C-7 9.0 8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 8.4.3.6 In no case shall the CONTRACTOR'S cost for administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. 8.4.3.7 For special equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economical performance of the authorized work, the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, "Rental Rates for Construction Equipment". Rate shall be daily, weekly or monthly as appropriate. 8.4.3.8 Records of extra work done shall be reviewed at the end of each day by the CONTRACTOR and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. 8.5 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done, No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. PROJECT ENGINEER 9.1 The project engineer shall be JASON PARILLO, CH2M HILL, (561) 737- 6665. 9.2 The Engineer shall have general supervision and direction of the work. The Engineer is the agent of the CITY only to the extent provided in the contract documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR written authority. C-8 10.0 11.0 He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract, 9.3 As the Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his power under the contract to enforce its faithful performance by both. INSURANCE 10.1 The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations connected herewith, and whenever any of the work in the contract is to be sublet, CONTRACTOR'~S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the insurance requirement schedule attached as Attachment "A". 10.2 Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 10.3 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in case of emergency. GUARANTEE AND WARRANTIES 11.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. C-9 12.0 TERMINATION OF CONTRACT 12.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property; if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the CONTRACTOR shall not, prior to the effective date of termination set forth in such notice, take such measures as will, in the judgment of the City Manager, ensure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall Provide the Surety with written notice of the CITY'S action and the Surety shall within ten (10) days of receipt of said notice remedy the default or the Surety shall as expeditiously as possible: 12.1.1 Complete the contract in accordance with its terms and conditions, or 12.1.2 Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. C-10 13.0 14.0 15.0 CONTRACT CONTROLS 13.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. TIME OF ESSENCE 14.1 Inasmuch as the provisions hereofi and of the plans and specifications herein, and of all the other contract documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. REMEDY FOR DELAY 15.1 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 15.2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.3 All requests for extension of time to complete the work shall be made in accordance with the General and Special Conditions. 15.4 For the purpose of this section the phrase "the CITY, its agents and employees" shall include but shall not be limited to the architect, project manager and consulting engineers. c-11 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and wimessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA Mayor Attest: Approved as to Form: City Clerk City Attomey Signed, sealed and witnessed in the presence of: Contractor President or the Vice President Attest as to Contractor C- 12 State of Florida County of Palm Beach ) ) SS; Personally appeared before me duly authorized to administer oaths to me known to be the persons described herein and who executed the foregoing instrument and have acknowledged before me and they have executed same. Notary Public My Commission Expires: 11/15/96 nc C-13 City of Boynton Beach Risk Management Division INSURANCE ADVISORY FORM ATTACHMENT A Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to liability." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not ail inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $1,000,000.00 Owners & Contractor's Prot. Personal & Adv. Injury $1,000,000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Paint Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Builder's Risk (Limits based on Project Cos0 Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos PIP Basic Intermodal Combined Single Limit $ 500,000.00 Bodily Injury (per person) to be determined Bodily Injury (per accident) to be determined Property Damage to be determined Trailer Interchange $ 50,000.00 Garage Liability Auto Only, Each Accident $1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $1,000,000.00 Aggregate $1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Other - As Risk Identified to be determined INSURANCEADVISORYFORM03 Revised 01/2000 Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May l, 2001 NATURE OF AGENDA ITEM V-CONSENT AGENDA CITY OF BOYNTON BEACH ITEH B-2. AGENDA ITEM REQUEST Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) [] Administrative [] Consent Agenda [] Public Heating [] Bids [] Announcement [] City Manager's Report Requested City Commission Date Final Form Must bte.~Turnq~ Meeting Dates in to City Clerk's (llrme [] May 15,2001 May2,2001 (5:00p.m.~.,-"~-~'n ~ June 5, 2001 May 16, 2001 (5:00 p.m.~ ~ June 19, 2001 June 6, 2001 (5:00 p.m.) ~ July 3, 2001 June 20, 2001 (5:00 p.m.) Development Plans New Bushess Legal Unfmshed Bnshess ~esentafion RECOMMENDATION: Motion to award the "ANNUAL CONTRACT FOR CLEANING CHEMICALS AND JANITORIAL SUPPLIES", Bid #050-1412-01/KR, to various vendors for an estimated annual expenditure of $15,000.00. EXPLANATION: On April 25, 2001, twelve (12) were opened and computer tabulated by Procurement Services. All proposals were reviewed and the lowest, most responsive, responsible bidder meeting specifications was awarded the item whenever possible (Item 22 was not awarded since the Warehouse is discontinuing its use); Other exceptions were due to samples that did not meet specifications and samples that were not approved by user departments. A detailed memo from Dominic DeMauro, Warehouse Manager, is attached stating the names of the awarded vendors and the line item they were awarded. CONTRACT PER/OD: JUNE 6, 2001 TO JUNE 5, 2002 PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for cleaning chemicals and janitorial supplies at the best possible price, satisfactory manufacturer, prompt and convenient shipment by the supplier to the City of Boynton Beach. FISCAL IMPACT: BUDGET ACCOUNT # WAREHOUSE STOCK 502-0000-141-01-00 Deputy Director of Financial Services ESTIMATED ANNUAL EXPENDITURE $15,~ City Manager's Signature Procurement Services Department Name City Attorney / Finance Human Resources cc: Dominic DeMauro, Warehouse Manager File S:~ULLETI~FORMS~GENDA ITEM REQUEST FoRM.DoC CITY OF BOYNTON BEACH MEMORANDUM FINANCE ADMINISTRATION TO FROM: DATE: SUBJECT: Bill Atkins, Deputy Finance Director DeMauro, Warehouse Manager/i)/~ffL/ Dominic May 7, 2001 Janitorial Bid I received the tabulation sheet from your office. The evaluating factor used was on over all low prices and warehouse processing' time my recommendation is as follows. FLOOR & CARPET CARE PRODUCTS Preferred Chemical F1 Sanitary Supplies Dade Paper Company 1,2,6,7,8,9 3,5 4,10 PEST CONTROL PRODUCTS Preferred Chemical Hanna Paint Fl Sanitary Supplies Dade Paper Company Preferred Chemical Clean All Products 11, 12,13,14,15 16 17,18 19 20,21 Paper Plastic Products. Interboro A Preferred Chemical Dade Paper Company 23 24,26 25 *Item 23 only Bag Departments will except. *Item 24 only Bag Department will except *Item 22 No Award Bag being discontinued. Page two Bathroom Kitchen Cleaning Preferred Chemical Dade P~per Company Hanna Paint Products 27,28,30,33 29,31,34,35,36 32 *Item 27 Not Low bid they bid Quarts not gallons. Misc. Cleaning Equipment Supplies Dade Paper Company 37,39,41 Clean All Products 38,40,42 *Item 40 and 42 low bidder sample not excepted Miscellaneous Cleaning Products Dade Paper Company Preferred Chemical FL Sanitarey Supplies 43,44,45,46,50,51 47, 52 48,49,53,54,55,56 The following vendors are offering the City A bid discount in addition to there bid prices. Clean All Products Inc Calico Industries F1 Sanitary Supplies Hanna Paint Preferred Chemical 27o 20% 20% 10% 10% ~o~ Z Z G~m o .m. ~>> Z rn IT! --I Z Z 0 Z 0 Z Z Z- Z 0 z zz~! Z Z z~z Z .-4 3~ } .m 0 '"r- m m --i Z Z C~ 0 Z 0 Ill Z Z rtl m ~ISED 5/30/~ CITY OF BOYNTON BECJg /V-CONSENT A6ENDA AGENDA ITEM REQUEST ITEM Requested City Commission Meeting Dates [] March 20, 2001 [] ^p~l 3,2001 [] April 17, 2001 [] May 1,2001 Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION:A motion to extend RFQ#081-2110-00/CJD for the "ANNUAL CONTRACT FOR TOWING" to various Towing companies for an additional (4) months until a new bid is in place and a franchise fee has been determined. The estimated expenditure for the (4) month extension of the contract is $11,500.00. CONTRACT PERIOD: MAY 20, 2001 TO SEPTEMBER 30, 2001 NEW RFQ#068-1210-01/CJD EXPLANATION: At the Commission meetings of July 5, and August 15, 2000, it was agreed upon to extend the existing Tow agreement to (6) companies on a rotational basis. Since these (6) companies have performed in a satisfactory manner we would like to extend the agreement for an additional (4) months, until September 30, 2001. At that time we will have a new bid in place and a possible franchise fee established. The current contract expired on May 20, 2001, however, provisions within the contract allow for an extension. See attached letters from six (6) towing companies accepting the extension of the contract until September 30, 2001. PROGRAM IMPACT: The purpose of this bid is to establish annual f~xed rates for the Towing Rotation Program used bY several departments within the City. FISCAL IMPACT: Funding for the towing services is allocated in the following budgets: Description: Account Number: Other Contractual Services 501-2516-519-49-17 Other Contractual Services 001-2110-521-49-17 ' epu~ Di:c tllrOirnO;~ :ea~r vCl alce s~ Department Name Bud et Amount: $10,500.00 $ 1,000.00 $11,500.00 City Manager's Signature City Attorney / Finance / Human Resources S:XBULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC C:Matt Immler - Police Wilfred Hawkins - Assistant City Manager File Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST Date Final Form Must be Turned Requested City in to City Clerk's Office Meetin March7,2001 (5:00p.m.) [] May 15,2001 March 21, 2001 (5:00 p.m.) [] June 5, April 4, 2001 (5:00 p.m.) [] June 2001 April 18, 2001 (5:00 p.m.) [] 3, 2001 V-CO I: ITE B-3 AGENDA ·. ~.~ ~ Date Final Form Must be Tu~l~d ~ ~ in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] [] New Business [] Public [] Legal [] Bids [] Unfinished Business [] [] Presentation [] City Report RECOMMENDATION: A motion TOWING" to various Towing has been to RFQ#081-2110-00/CJD for the "ANNUAL CONTRACT FOR for an additional (4) months until a new bid is in place and a franchise tax of: $34,000.00 CONTRACT PERIOD: TO SEPTEMBER 30, 2001 NEW RFQ#068-1210-01/CJD EXPLANATION: At t Commission meetings of July 5, and August 15, 2000, it was agreed upon to extend the existing Tow agreement companies on a rotational basis. Since these (6) companies have performed in a satisfactory manner to extend the agreement for an additional (4) months, until September 30, 2001. At that time we will have bid in place and a possible franchise tax established. The current contract expired on May 20, 2001, within the contract allow for an extension. See attached letters from six (6) towing companies extension of the contract until September 30, 2001. used by The purpose of this bid is to establish annual fixed rates for the Towing Rotation Program within the City. FISCALCACT: /Description: Account Number: Other Contractual Services 501-2516-519-49-17 f Othe~ Contractual Services 001-2110-521-49-17 ~ ~ Deputy Director of l~in~c-i~-I ~e~wic~s Funding for the towing services is allocated in the following budgets: Budget Amount: $30,000.00 $ 4,000.00 0.00 City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:XBULLETII~FORMSX~AGENDA ITEM REQUEST FORM.DOC C:Matt lmmler - Police Wilfred Hawkins - Assistant City Manager File NAME OF BID: BID#: ANNUAL CONTRACT FOR TOWING sERVIcES 081-1210-00/CJD RECEIVED PlAY ? 2u01 PURCHASING DEPT; Agreement between the City of BOynton Beach, Owner; and BECK'S TOWING AND RECOVERY (Company's Name) Contract Extension Period: MAY 19, 2001 TO TO SEPTEMBER 30, 2001 Yes, I agree to renew the existing contract under the same Terms and Conditions, and agree to submit a Certificate of Insurance along with *.his agreement and will name the City of Boynton Beach as additional insured. No, I do not wish to renew the contract at this time. I'~AME OF COMPANY NAME OF REPRESENTATIVE (please print) DATE SIGNATURE TITLE 5%o! (AREA CODE) + TELEPHONE NUMBER ^CORD. CERTIFICATE OF LIABILITY INSURANCF % i ] 08/02/00 PRODUC_.E~ -se Insurance Agency Inc Box 17497 ~_~ntation FL 33318-7497 Phon~: 954-792-4300 Fax:954-791-9344 Beak's Towing & Recovery Inc 506 N E 3 St Boynton Bch FL 33435 I THIS CERTIFICATE IS ISSUED AS A MA I i ~R OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUClES BELOW. INSURERS AFFORDING COVERAGE Guaranty Ins Od~wrs ~SURER ~ INSURI~ ~. · t~JRER P COVERAGES MAY PERTAIN, THE INSURANCE/%=FOR:O~D BY THE POMCES DESCRIBED HEREIH IS SUBJECT TO ~J. THE TERMS, EXCtUSIONS ~RD CONDITIONS OF SUCH POLICIES. AGGREGATE lIMITS SHOWN MAY HAVE _Rtk'~__N RE[~_ _~JEO__ BY PAID CLAIMS. POUCY ~__~LCTIVE POLICY EXPIRATION LTR EACH ~CE $ COMMERCIAL ~ MA~MTY ' RRE D~MAGE (Any ~e f~e) $ p~RSONAL & N)V ~JRY $ ~ AGGREGATE $ ~aNeU~ u~m' $1~000,000 ALL G~IED AU'TO~ BC~XLY II~LKJRY S (1:,er persc~) X ~G~,_GD Am'~ DRE16092-00 X HIRGDALrTOS 08/03/00 08/03/01 BODILYINJURY S X NOfl-OWHG~ ^u'ros -- pROPERT~ DAMAGE S AUTO ONLY - F_A GARAGE ~ I O~R TH~N E~^CC $1,000,000 A ~NY^UTO 08/03/00 08/03/01 ~U~OO~V: ^~ $ 3~000 ~ 000 X ~ O'r"~'~ T~,~N AO'a~ DP~16092-00 , EXCESS MAB~TY AGGREGATE $ $ t D i~JCmSL~ $ EMPI.OYER~ L~gUTY E.L ~ ACCIOE]~r $ EL DISEASE - EA EMPLOYE~ $ o~R A ON HOOK & CARGO DRE16092-00 08/03/00 08/03/01 $1000 DED VARIES A nat~_ ..... ~.~a~S LEGA n~6092-00 08/03/00 08/03/01 $500 DED $150~000 CEKIIFICATE HOLDER BOYNB02 CI'1"/ OF BOYNTONBEACH P OB OX 310 BOYNTONBCHFL33425-0310 CAH~KilATION NAME OF BID: ANNUAL CONTRACT FOR TOWING SERVICES BID#: 081-1.210-00/C, JD Agreement botwem~ the City of Boynton Bcach, Owner; and EMERALD, TRANSPORTA,TION CORP. (Company's Name) Contract Extension Period: MAY 19. 2001 TO TO SEPTEMBER 30, 2.00! \] t $ Yes, I agree to renew the zxisting contracl under the same Tezrns and Conditions, and agree to submit a Certificate of Insurance along with this agre~ent and will name the City of Boynton Beach as additional insured. No, I do not wish to renew thc contract at this time. NAME OF COMPANY N~E OF ~P~SENTA~VE ~Ic~e p~t) f-/~,~ / DATE TITLE (AREA CODE) + TELEPHONE NLtMBER la WU8~:60 I~g ~$ '6eW 0r06 ~9£ ~9S : 'ON ~da BNI~O± Q~b~BNB : WO~ ~m: Patli Rueth At: Chase insurance Agency', Ir~c. To: carol dopier Fax#: (95a.) 791-9344 Date: 5/;.41200! 11 23 AM F VEHICLE SCHEDULE Insured: Policy Term: Emerald Translx)rtation Inc 08/21/2000 To 08/21/2001 Vehicle Information YEAR MAKE MODEL Cora~i ON HOOK HENS/t.~ CCLU$~O~t ~, CARGO 95 Infl Flatbed 93 Ford 9 7 In~l Flatbed 87 Kenworth Wrecker 95 Intel Wrecker 81 Ford PlO 94 Landol! Tr~nler 93 Peterbiit Tractor 99 Ford F450 92 Isuzu Flatbed 2000 Kenworth 2000 I--Iino SCr3325 ]997 Dodge P, ma 1995 Int'l 8200 Tractor 1985 Ford P/U 2001 Fre~ghtlm FL112 1000 t000 $100,000 1000 1000 $100 00( 1¢00 1000 $100,000 t 000 1000 $100,000 1000 lO00 $100.000 NONE NONE NONE ! 000 I OO0 N/A 1000 1000 $100,000 1000 1000 $100,000 1000 1CO0 $100,000 1000 ! 0C0 $100,000 lO00 lO00 $100,000 1000 !000 $100.000 1000 1000 $200,000 NONE NONE None 1000 1000 $100,000 VEHICLE I.D. 1HTSDAAN7SH660797 2FDLF47MSPCA59789 lHTSCAEMl'v~457837 IXKAD29X6HJ344236 1HTSCACM2SH6] 9212 2FTEF 14G4BCA14562 l LH317%~?[5R10069 l 6 1XPFORgXOPN338416 1 FDXF46F3XED76295 JALH61NSN3100589 1NICMI-IDTXXYS 845 g62 E-iB SG2JRTY2510101 1G6MC36D6VJ56958 g 1 HSHGAER65H680543 1FTEXI4NXFKBI7112 1 FVABFAN81 I-IJ43376 .m: Patti %eth At: Chase Insura'~ce/~gency. irc. To: carol dopier Fax#: ~954) 79~.-9344 Date: 5/L~,/2001 i[23 ACORD. CERTIFICATE OF LIABILITY INSURANCE_s,4 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 33318-7497 F~one:954-79Z-4300 Fax:954-791-9344 INSURED Hda~bu~ald Tranmportation ina ~ Emerald Tow£ng & Heav~ Axnq 161 N W 4 $~ Bo~a RaEon FL 33432 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE COVERAGES THE POLICIES OF INSL.JRANCE LISTED BELOW HAVE EEEN ISSUED TO THE INSUREED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY R ECUIREMENT. TERM OR CONDIT!ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY' PERTAIN, T~E INSURANCEAFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERI~, EXCLU~ONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOV%l~I MAY HAVE BEEN REDUCED BY PAID CLAIMS. il~T~EI TYPE OF II~URANCE ~'OMCY' NUMBER I POLI~ ~..P~-CTIVE ~ POLICY EXPIRATION , DAT~ (MM/OO/YY) i DATE (~VDC~/YY] LIMIT~ ERAL LIABILITY ~ P~O- i PRODUCTS - COMR/0p ,AGG DO0 __j ALL OWNED AUTOS 80DIL¥ INJUR':II A X SCI-EDULED AUTOS ] X ~ED~UTOS 226"/0454~ 08/21/00 08/21/01 ~ ~-__ NOhkOWNEDAUTOS i I [Per accdentJ -- PROPERTY DAMAGE GAP~E LIABILITY AL~TO ONLY - EA ACCIDENT A ___~*AUTO OTHERT~,N ~AACC $1,000,000 .I EACH DCCU RRENCE WORI~R$ COMI=~N$ATIOf4 / [ ~-oR¥ L;~n'~ I ENPLOYERS' LIABILITY ! E L. EACH ACCIDENT , E L. DISEASE - EA F_~I::'LOYEE! A On Hook: & Cargo 226'/04649 08/21/00 08/21/01i $1000 DED VARZgS I O~$CEIPTION OF OPEP, ATIONS/I. OCATION&'VEHICLES,/~XCLU$1ON$ ADDED BY' ENDO~EMENT/$PECIAL PF~VI$tON$ GAI~AGEK~EPERS LEGAL LIABILITY-1370 ZNDUSTRX.a.L W#lO2 BO2NTON BCH $100,000, 940 S DIXIE ~ POMP BCH $100,000, 161 NW 4 ST, BOCA RATON FL $200,000 SUBJECT TO $500 D~Z~3CTIBLE-SF~E VEH SCHEDULE FOP. A LiST OF AU~O & ~ LIMITS CERTIFICATE HOLDER I. I ~o.~,.$u.~; INSURER LETTER: -- CANCELLATION CITY DE BOYNTON BEACH P'O BOX 310 BOZNTON BCH FL 33425-0310 BOi~qB02 SHOULD ANY OF THE NBOVE DESCRIBED POLICIES BE CANCELLED BEFOP, E THE EXPIRATION DATE ~EREOF, T~ ~UI~ I~U~R ~LL ENDEAVOR TO ~t 10 DRYS ~EN NO~E TO THE C~FICA~ HO~R ~MED TO ~E LE~, ~T F~L~E TO ~ ~ 8~L IM~SE ~ QBLI~TION OR LI~L~ OF ANY ~ND UP~ THE I~RE~ ~ A~NTS ~R REP~S~A~Eg, AUTHORIZED REPRESENTATIVE MZKE CNA,SE ACORD 25-S 17/97) ©ACORD CORPORATION t988 FROM ROAD ONE - PALM BEACH MARKET FAX NO. : 561 8~1 295~ Ma~. 11 ~001 12:lSPM NAME OF BID: ANNUAL CONTRACT FOR TOWING SERVICES BID#: 081-1210-00/CJD Agreement between the City of Boyaton Beach, Owner; and KAUFF'$ TRANSPORTATION (Company's N~u'ne) Contract Extension Period: ,,MAY 19~ 2001 TO TO SEPTEMBER 30, 2001, __ _ X Yes, I agre~ to renew the existing contract under ~h¢ same Terms and Conditions, and agree to submit a Certifica~ of Insurance along with this ..agreement and will name the City of Boyaton Beach as additional imurcd. No, I do not wish to renew the contract at this time. ..~auff's of Palm Beach NAME OF COMPANY N-~,I~E' (~F R-I~RESENTATIVE (please print) 11 DATE Manager TITLE (561) 844-5283 (AREA CODE) + TELEPHONE NUMBER NAME OF BID: ANNUAL CONTRACT FOR TOWING SERVICES BID#: 081-1210-00/CJD Agreement between the City of Boynton Beach, Owner; and ZUCCALA'S WRECKER SERVICE (Company's Name) Contract Extension Period: MAY 19, 2001 TO TO SEPTEMBER 30, 2001 ~---. Yes, I agree to renew the existing contract under the same Terms and Conditions, and agree to submit a Certificate of Insurance along with this agreement and will name the City of Boynton Beach as additional insured. No, I do not wish to renew the contract at this time. NAME OF COMPANY SI~ Drano Zu ~ o~zi a NAME OF REPRESENTATIVE (please print) ~/ la ~or DATIg ' TITLE (AREA CODE) + TELEPHONE NUMBER IACORD. PRODUCER CERTIFICATE OF LIABILITY INSURANC j :='% I DATE (MM/DD/YY) 10105100 ~ulf Coast Underwriters ,601 Mariner St., Suite 300 Tampa FL 33609 Phone:813-864-4428 Fax:813-864-4429 INSURED uccala~s Wrecker Service Inc. 33 E. Industrial Ave. Bolrnton Beach FL 33426 THIS CERTIFICATE IS ISSUED AS A MAi ~ r-R OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: WESTPORT 'INS CO INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, 'THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY r.-pPr=CTIVE i POLICY I=XPiKATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/~Y) DATE {MM/DD/YY) LIMITS GENERAL UABIUTY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) I CL~S ME V~ OCCUR MED EXP (~y o.e p~) PERSONAL & AOV INJURY I GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: i PRODUCTS - COMPIOP AGG -7 PG.,C, F--i PRO- , JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY A -~- SCHEDULED AUTOS K~1197-0- 10/01/00 10/01/01 (Perpersen) X HIREDAUTOS BODILY INJURY $ ~ (Per acddent) X NON-OWNED AUTOS .~ PROPERT~ Dt}d~GE ...................... (Per accident) $ GARAGE LIABILITY AUTO ONLY - EAACClDENT I $ i ~, 000 ~, 000 .... lA NY AUTO OTHER THAN EA ACC- $1,000 t 000 A XISYMBOL 27,28~29 KBl197-0 10/01/00 10/01/01 AUTOONLY: ^GG $3,000,000 .xc.s,,,.B,LiTY EACHOOOURRE"OE I OCCUR CLAIMSME AGOREGATE ---t DEDUCTIBLE, $ RETENTION $ $ WC ~TATU- WORKERS COMPENSATION AND~ TORY LIMITS ER EMPLOYEI~ LL~BIUTY 1 E,L EACH ACCIOENT t E.L DISEASE * EA EMPLOYEE $ E L D SEASE - POLICY LIMIT $ OTHER A I ~1197-0 10/01/00 10/01/01 On-Hoo~ 50,000 DESCRIPTION OF!OPERATIONS/LOCAT~ONSNEHICLES/EXCLU~iONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS ~eh:1-88 ~en~or~,-~#03174;2-95 Int1#77973;3-99 Int1#93406;4-00 Navistar#79546; 5-01 ZN~L#57397; 6-97 Z~tl#64722; 7-96 I~t1#52696; 8-98 Kenworth#70588; 9-71 ~ G~eral#10956.~hys Dm~ Ded $1,000 each Comp/Col1 o~ 8-98 kenworth #70588. CERTIFICATE HOLDER ! N I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of Boynton Beach P.O. Box 310 Bolrnt°n Beach FL 33435 ALEXI-1 ACORD 25-S (7~97) SHOULD ANY OF THE ABOVE DESCRIBED POMClES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WNITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABIL.g~ OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ~-1. .,/1 ~ //~ J='~-~ F Donat° ~ ..... /' ©ACORD CORPORATION 1988 NAME OF BID: ANNUAL CONTRACT FOR TOWING SERVICES BID#: 081-1210-00/CJD Agreement between the City of Boynton Beach, Owner; and EASTERN TOWING (Company's Name) Contract Extensio~t~Pcriod: MAY 19, 2001 TO TO SEPTEMBER 30~ 2001 ~ Yes, I agree to renew the existing contract under the same Terms and Conditions, and agree to submit a Certificate of Insurance along with this agreement and will name the City of Boynton Beach as additional insured. No, I do not wish to renew the contract at this time. RECEIVED ~/l,y 8 2001 PURCHASING DEPT. NAME OF COMPANY NAME OF REPRESENTATIVE (please print) TITLE (AREA CODE) + TELEPHONE NUMBER NAME OF BID: ANNUAL CONTRACT FOR TOWING SERVICES BID#: 081-1210-00/CJD Agreement between the City of Boynton Beach, Owner; and JORDAN WRECKER SERVICE, INC. (Company's Name) 2001 Contrac~x~tension Period: JULY 4, 2001 TO TO SEPTEMBER 30, 2001 ~ Yes, I agree to renew the existing contract under the same Terms and Conditions, and agree to submit a Certificate of Insurance along with this agreement and will name the City of Boynton Beach as additional insured. No, I do not wish to renew the contract at this time. NAME OF COMPANY NAME OF REPRESENTATIVE (please print) SIGNATURE TITLE (AREA CODE) + TELEPHONE NUMBER Requested City Commission Meeting Dates V-CONSENT AGENDA CITY OF BOYNTON BEAC[ ITEM B-4 AGENDA ITEM REQUEST FOlx ,. Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] March 20,2001 March 7, 2001 (5:00 p.m.) [] May 15, 2001 May 2, 2001 (5:00 p.m.) [] April 3, 2001 March 21, 2001 (5:00 p.m.) [] June 5, 2001 May 16, 2001 (5:00 p.m.) [] April 17, 2001 April 4, 2001 (5:00 p.m.) [] June 19, 2001 June 6, 2001 (5:00 p.m.) [] May 1,2001 April 18, 2001 (5:00 p.m.) [] July 3, 2001 June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: MOTION to approve the "piggy-back" of PALM BEACH COUNTY, RESOLUTION NO. R-2001-264, LANDSCAPE ARCHITECTURAL SERVICES awarded to GENTILE, HOLLOWAY, O'MAltONEY & ASSOCIATES, INC. for landscape architectural services in the amount of $13,800.00 plus estimated reimbursable expenses (postage, travel, reproduction, etc.) of $500.00 EXPLANATION: Procuremem Services received a request from Leisure Services/Parks Division to "piggy-back" Palm Beach County, Resolution #R-2001-264 for architectural services. Gentile, Holloway, O'Mahoney & Associates, Inc. will be used for landscape architectural services for medians. The medians are Hypoluxo Road from Congress Avenue to Lawrence Road, and Boynton Beach Boulevard from Congress Avenue to Knuth Road. Procurement Services requests Commission's review, evaluation, and approval. PROGRAM IMPACT: The Landscape Architect will provide design development planting plan schemes for the medians including planting options such as: type, size, spacing, and Florida grade of all plants at the time of planting. Also, the Landscape Architect will prepare irrigation construction documents to include: proposed heads, pipe, zone, pump, controller, layout and specifications. These median landscape projects represent our continual commitment for beautification of City medians. FISCAL IMPACT: Funding for the services are allocated in the FY2000/2001 as follows: Account Description Account Number Amount Landscaping 001-2730-572-63-10 $ 13,800.00 ALTERNATIVES: Seek other landscape architectural firms for this service. ! '~l.~/~'~ ~ Deity Director of Financial Services ' C~'t~ Manager's ~ignamre Procurement Services Department Name City Attorney / Finance / Human Resources cc: John Wildner - Parks S:XBULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: RE: Date LEISURE SERVICES: PARKS MEMORANDUM #01-36 Bill Atkins, Director of Procurement John Wildner, Parks Director,~ . Barbara J. Meacham, LandScape Architect ~%...;,y;;~( Gentile, Holloway, O'l~lahoney & Associates, Inc. May 8,2001 2001 ~URCHASING DEPT: Please submit an agenda item to the City Commission meeting to contract with Gentile, Holloway, O'Mahoney & Associates, Inc. The contract would be for design services for the medians in Hypoluxo Road from Congress Ave. to Lawrence Road, and Boynton Beach Blvd. from Congress Ave. to Knuth Road. The firm is on a County conb'act and the City would piggyback onto that contract. The total amount for the requisition is $13,800. , 04/'16/200i i4:28 56i-575-5260 GGG g ASSOCIATES PAGE 82 k Mr. John Wiklnm Parki Director city ~ B~wnton Tel: 561,7426225 'Fax: .561.742.6233 Re: Agreement for ProklsaiOnal Landscape Architectural Sirvices for:, Boynton Beich' Boulevard Medians (Cofig~ Avenue to. Knuth Dairy Road) Hypolux0 Boulovan:l Medians (Congress Avenue to Lawrence Rca<l) Dear Mr.',WIIdner ~ We make and entered this Agreement as of this Sixteenth Day'of April 2001 by the City of Boynton Belch (the Client) and Gentile, Holloway, O'Mahoney & ,4dsocia~, Inc. (the Land~capo Architect). 'A~_morrwnt for ~, ,rvims: / The Landscape Architect agrees to provide Landscape Architsctura! ~®~vices to the Client es moro fully described in tho Scope of Work, lid the Client agrees to compepsate the Lli~ScelM Architect for those services under the terms of this AgmemanL The Parties agree that the Scope of Work that th~ Landscape Amhitect shall perform ~r the Client ~hall be defined as Ao D#ign D~vEtolx~nt I, The Landscape Architect shall prepare clelign development planting plan schemes fo~ said proje~ at'a scale to be determined by the Landscape 'Architect. Said plan shall delineate the proposed planting or planting options. / Tho Clelign will conform to al:~licable agencies. It will be fubmtttea to Client for review and comment. Two Client meetings tllall be in<~luded within ~his soope of work along with one set of revixdon$. ' · B. Final Oealgn Sewices~Oraflt Submittal Preparation 1. Tho Lahcls~,ape Amhitect sAoII prepare final planting plan oonstnJct-ion documents for said project blse<J UJ:q)fl lpFovod documents in Scope of V~rk, A. Design Development. Said plan shall aelineete the proposed planting or 84/1~/2801 ~4:28 561-575-5260 GGG ~ ASSOCIATES P~GE 83 ~ city of aoy,,~on ~eech 4/I~/01 Page 2 planting options end will ~c~ude type, size, sDecing oncl FleXo g~e of pbn~ ar~e t~ of ~m~og. ~ d~gn will ~ It will ~ subm~ ~ ~e C~t in a ~t ~~ t~ ~p Pa~ ~ach ~a~l gm~. 2. 'T~e Lln~Pe ~hit~ s~ll pm~m ~ga~n ~nl~n d~~ ~r MaM IhMI delin~m ~e pm~ h~d. ~, zone, ~p end ~r I~o~ end sWon,. ~e ~n ~t ~ It ~11 ~ l~m~ W ~e CU~t in · W sui~ble ~r gram IpM~n, ~MM. ~e ~p Palm ~ ~1 ~. Peflnlt/ConStmctlon ,Document I. The Landscape Architect shall modify plans ~s required for the ioermlt proce~4 ~ Palm BeaCh County. 2. The Llndlclpe A~c~itect shall assist the City in placing the ~lans out to bid ami reviewing Ha bid submittall, , - Cmmmc~n Adminlatmtlon l~he Landscape Architect shall provide substantial completion a~ final completion in$13ecfions end reDorts. The final inlpectior~wiil result in ce4ti..fying the job by Ihts office to the c~unty, ~ati~/ing the permit process, ' ." 'The Lancleclpe Architect shall provide on-going site obsen~tJ°n for the Clie'nt on an as needed basis as requested by the Client. Them site visits will fall under Aclclitionll Servicel and bs billed as .an hourly'service. Addltlomd krvlr,. The LandsCape Architect shall provide aclditional ~e.r(ice~ authorization by the Client under this Agreement. a. Supplemental Constn~ction Administration servicer,. b. Environmental permitting ii, t/or mitigation planning. Sl)ecimen plant location and .selection. cl. ' Land,.ape Maintenance Program. upon written Belch ~./iS/2~01 14:28 561-575-5260 GGG & AS~CIA~S PAGE City Of Boynton Beach 4/10/01 P~ge 3 Compensation: Compenlltiofi for services rendered by the 'LlndlCll:)e Amhitect under Scope of Work; Item A shall be a fixed fee of Six Tho~serKI Eight. HUndred Dollars ($6,B00.00) I~lUS reimbur~ble expenses.' B. Compensatlon"for services rendered by the Landscal~e Architect under Scope of Work, Item B shall be a I/ fee of Four Thousand Dollm (~4,000.00) plus retmbumeble expenses. C. Compen~at;on/or servicee rendered by the Lilpe ~(rChltect under .Scope of Work, Item C. sheI be s fixed fee of One Thousand Eight Hu.ndrad D~)l~m (.$1,e0~.00) paul reimbursable expense,~, -. , D. Compen~n for ~ervices rendered by the Landscape Architect under ~ope of Wo~., Item D lhill be I flxKI fee of' Ol~l Thousand Two HUndred Dollim ($1,200.00) plus reimbursable expenses. E. 'CompenlatJon for iervic~ rendiracl ~ the Linds~ape Arbhtt~t under ~ of World, Item E,' ~hall I:)e hourly i. upon ~e .following hourly mi plus .. reimburl~ble eXpensel. 1. Sr. PrinGipal time at an houW rate 'of One Hundred Twenty Dollam ($120.00) in ho~r. ' 2. Principal Ume It In hourly rate of One Hundred Doillr~ ($10000) an h~r. 3. Sr. Lanclicape Ar~ time at a~ hourly rate Of Ninety-Five Ooller~ (~gS.00) an hour 4.Landscape Ar~ time at hour. 5. Techniciin time et in hourly rate of Fifty Five doller~ ($~5.00) an hour 6. A(:tmlnlstratlve time at'an hourly rate of Thirty Do, ars ($$0.00) in hour. ' Reimbur~lble EXDenr~,: · Reiml:)u~ble expenses inclu~ ~ual ex~nd~r~ ~ ~, ~ Lan~ A~ In di~ ~mun~ns; d) fMs ~ ~r ~dng .~p~M ~ auffiod~S h~i~, · p~d~ ou~de .LIn~ ~h~ ~; ~,~e ind handti~g of d~ngs and ~~ns; g) p~n~ng an~ repm~u~n~; ~) e~M ~ any ~i~al Insum~ 04/16/2001 14:25 5~1-575-52~0 GGG $ A~c~OC~TES P~GE 05 ! City of Boyntsn Beach 411~1 P~ge 4 The OlierR Shell ba r~ponsible for the following: The Client ~hall provide full information concerning the ~opa of Work, lhell set kxth ~e Client's objeotives, restraints, and odterla, The Client shall provide the L&n~l~.ll3e Architect with · ~aled base mad in digital formal The Landscape Architect shall rely on tfte aeouracy of this marvey/.mapping/cligitai ortho in the perforrnaace of'his work uf~ler this Agreement. . ~ Client Ihall provide the LandSc~pa Architect wilh all Other engineering studies, r~ports end 'architectural cll'lwings ee may be ~ecelll~y for'submission to the governments hiving Jurisdiotlon over the development of the property. The Landscape Archil~ct shall rely On ~e ac=ucacy of ~ iten~ in the performan~ of his work, ~lk:l ItUcliee may include but no{ limlf~ to', Soil reportl. Atchitec~ral floor'plans and eievltionl, Full lit ~ architectural eonstruotion document~ including k3cation of iai Drainage analysis. Final Site. Plan The La.ndS4;ape,Architect shall bill the Client for ~ ~ervioes arid relml~ur~ble costa due under thi~ Agreement at such times as it shell diem proper, All invoices are clue and payable upon receipt ~ tl~e Client. Interest, at a rate of 1.5% per month, s~all accrue on- invoic~ outstanding more than 30 days. The Landscape Architect will stop all work per this Agreement on invoiqes INlSt due 30 ~ay$. Work will not ~ommence until ,II pa~t'clue invoioes a~ paicl in full. The Lin<tlr, apl Ar~itact eesutllee no responlibillty for clamages= financial, physical of other, t:~,luse of work being stoppe<L Terminltion qf ,Aumern~nt! Thi~ Agreement is'terminable anytime upon notice of the Client or me Landscepa Amhitect to the other party. Termination of this Agreement, however, shell not relieve the Client of .any ~sibit~/ for payment for any services performed by the Landr..,apa Architect before receipt of the notice of termination. -8, [xtant of Aareement: ~ This Agreement,represents the entire Agreement between ~he Client and the Lanclacape Architect concerning the Scope of Work and may be amended'only by Initi. I~i L:CLIEm P~$[,~oYnton Beech I, Aedlan$ 04-1~-O'l,de(~ ' City of' Boynt~n ae.F.h 4/16~01 P~ge 5 wdtten instrument signed by the Client and the I.~d~=al~ Architect In all re~s, the ~.w~ of the state el~lll.govem this Agreement of Florida and venue concerning .any dispute that may am~. unde~ it shall I~ in Palm Beach County, Florida. 10. T~e Landscape Aroh~ or hie consultants, agents, repres~tatives er empleyae~ ~h~l n~ dl~a (~r ~n ~nal in~ da~ges) e~g ~t ~ or ~mtng ~e ~e.'~nd~'' ~ d~ 'nm ~nt ~ g~mnt~ ~e d~ns ~e by This Agreement was entered the <toy and year first abov'l written. City et loynton. Belch By Date Initi.le L;TC[I~N'I' Pl~OPO&l~S~Wnton ~each Mldin104-16-01 .~k~ Department of Engineering and Public Works P.O. Box 21229 West Palm Beach, FL 33416-1229 (56l) 684-4000 www. pbcgov, com Palm Beach County Board of County Commissioners Warren H. Newell, Chairman Carol A. Roberts, Vice Cha/r Karen T. Marcus Mary McCar~y Burr Aaronson Tony Masilotti Addle L. Greene County Administrator Robert Weisman 'An Equal Opportunity Affirmative Aci'~on £mploy~' March 15, 2001 Gentile, Holloway, O'Mahoney & Associates, Inc. 1907 Commercial Lane, Suite 101 Jupiter, FL 33458 Attention: Mr. George G. Gentile, FASLA, President RE: LANDSCAPE ARCHITECTURAL SERVICES-ANNUAL BASIS RESOLUTION NO. R-2001o264 Dear Mr. Gentile: Please find enclosed the above referenced agreement executed by the Board of County Commissioners. on February 27, 2001. This letter serves as your "Notice to Proceed". You will be contacted when your services are needed. Please note that the staff position of "Principal" is NOT to be applied in the performance of Task Authorizations. Should the County deem it necessary to utilize such services, the rate shown in your schedule will prevail. If you have any questions please feel free to contact me at 684-4153. Sincerely, )osep~M."T~tino . Ac-fi'rig En'''-'-j - gineering Consultant Coordinator Roadway ProductiOn Division' JMT:smd Enclosure pc: Omelio A. Fernandez, P.E., Director, Engineering/Public Works Ops. Rose Ann Clements, EA II, Roadway Production G. Haney Frakes, Ir., P.E., Assistant County Engineer (w/enclosure) Andy Hertel, AICP, Manager, Median Beautification Section (w/encl.) Administrative Services, Fiscal (w/enclosure) Contract Development & Control CCNA File (w/original) Reading File F:~RO.~DWAY~C CNA~Annuals~canscal~_Arch\G ENTILEhN EW_AGREE'NTP &'~, prfnted on recycled paper STANDARD FORM OF ATTACHMEN-r 1 ANNUAL AGREEMENT LANDSCAPE ARCHITECTURAL SERVICES BETWEEN PALM BEACH COUNTY AND CONSULTANT FOR PROFESSIONAL SERVICES R2001 0264 TH/S IS AN AGREEMENT made as of ,2001, between PALMBEACH COUNTY, FLOR.IDA (COUNTY) and Gentile, Holloway, O'Mahoney & Associates, Ina (CONSULTANT), an engineering firm having an office and a place of business at 1907 Commercial Lane, Suite 101, Jupiter, FL 33458, Federal Tax ID tt65-0033418. The COUNTY intends to have the Consultant provide engineering services required on Landscape Architectural Services on an as needed basis (hereinafter called the PROJECT). The COUNTY and CONSULTANT in consideration of their mutual covenants herein agree in respect of the performance of professional engineering services by CONSULTANT and the payment for those services by COUNTY as set forth below. SECTION 1 - BASIC SERVICES OF CONSULTANT 1.1 General 1.1.1. The CONSULTANT shall perform professional engineering services in connection with the PROJECT as hereinafter stated, more particularly described in Exhibit "A". 1.1.2. - The CONSULTANT shall prepare all plans in accordance with Palm Beach County Thoroughfare Design Procedures, current standards adopted by AASHTO, and the Florida Department of Transportation Manual of Uniform Minimum Standards, and all other applicable professional and technical standards (at a minimum, as they apply to the scope). They shall be accurate, legible, complete in design, drown to scale, and shall be suitable for bidding purposes, unless othenvise stated in Exhibit "A". 1.1.3. - The CONSULTANT has, during the selection and negotiation process which has preceded this agreement, represented to the COUNTY that the CONSULTANT is possessed of that level of skill, knowledge, eXperience and expertise that is commensurate with engineering firms of national repute in the areas of practice required for this project. The CONSULTANT acknowledges that the COUNTY has relied on the CONSULTANT'S representations of skill, knowledge, experience and expertise. By executing this contract, the CONSULTANT agrees that the CONSULTANT will exercise that degree of care, knowledge, skill and ability as other engineering finns possessing the degree of skill, knowledge, experience and expertise which the CONSULTANT has claimed. The CONSULTANT shall perform such duties as may be assigned without neglect. The CONSULTANT accepts the relationship of trust and confidence established by this contract, and covenants with the COUNTY to cooperate with the COUNTY and to utilize the CONSULTANT'S skill, efforts and judgment commensurate with engineering firms of national repute in the areas of practice required for this project. The CONSULTANT agrees to perform each assignment in an efficient and economical manner consistent with the COUNTY'S interests and consistent with the COUNTY'S stated objectives and recognized professional engineering standards. The CONSULTANT further contracts with the COUNTY to furnish its professional skill and judgment with due cam in accordance with applicable Federal, State and local laws, codes and regulations as amended and supplemented which are in effect on.the date of this Agreement first written. It is specifically ianderstood that the Accessibility provisions of the Americans With Disabilities Act (ADA) shall be complied with and incorporated into the project. Page 1 of 10 pages Although specific provisions of this Agreement refer to some services with terms such as "complete", "accurate", "full extent", "highest", ";.n detail", "verify", "certify", "represent", "substantiate", "inspect", "monitor", "discover", "as often as necessary", "approve", "accept", "reject", and "enforce", such terms and similar terms shall be qualified by the standard of care stated in the preceding two paragraphs. The CONSULTANT shall not be responsible for the means, methods, techniques, sequences and operations of construction or safety precautions and programs except as provided in this Contract Document. 1.1.4. The CONSULTANT shall submit electronic files of the design, survey, and related data used for the project, in Microstation format, as part of the final document submittal. The CONSULTANT shall also provide to the COUNTY all cost estimates and "Summary of Pay Items" on disk and via electronic files (Quattro Pro format), utilizing the item descriptions of Roadway Production's "Standard Nomenclature" list. SECTION 2 - COUNTY'S.RESPONSIBILITY COUNTY shall do the following in a timely manner so as not to delay the services of CONSULTANT. 2.1. Designate in writing a person to act as COUNTY'S representative with respect to the services to be rendered under this .Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define COUNTY policies and decisions with respect to CONSULTANT'S services for the PROJECT. 2.2. Provide all criteria and full information as to COUNTY'S requirements for the PROJECT, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations; and furnish copies of all design and construction standards which COUNTY will require to be included in the drawings and specifications. 2.3. Assist CONSULTANT by placing at CONSULTANT'S disposal all available information pertinent to the PROJECT including previous reports and any other data relative to design or constmctibn of the PROJECT. 2.4. Arrange for access to and make all provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform services under this Agreement. 2.5. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by CONSULTANT, obtain advice of an attorney, insurance counselor and other consultants as COUNTY deems appropriate for such examination and render in ,,wiring decisions pertaining thereto within a reasonable time so as not to delay the services of CONSULTANT. 2.6. Furnish approvals and permits from all governmental authorities having jurisdiction over the PROJECT and such approvals and consents from others as may be necessary for completion of the PROJECT. 2.7. Providing such legal, accounting, independent cost estimating and insurance counseling services as may be required for the PROJECT, and such auditing 'service as COUNTY may require to ascertain how or for what purpose any contractor has used the monies paid to him. Page 2 of 10. pages 2.8. Give prompt written notice to CONSULTANT whenever COUNTY observes or otherwise becomes aware of any development that affects the scope or timing of CONSULTANT'S services, or any defect or non- conformance in the work of any contractor. 2.9. Bear all costs incident to compliance with the requirements of this Section 2. SECTION 3 - PERIODS OF SERVICE 3.1. This is an Annual Agreement for professional engineering services. This Agreement will commence on the day and year first written above and ending September 30, 2001. At the option of both parties, the Agreement can be renewed for two ( 2 ) additional one year terms commencing October 1 st of each fiscal year. SECTION 4 - PAYMENTS TO CONSULTANT 4.1. Methods of Payment for Services and Expenses of CONSULTANT. 4.1.1. Basic Service: The COUNTY ~vill pay the CONSULTANT an hourly not-to-exceed fee, or fixed fee as may be required and negotiated for each project for the completion of the basic services set forth in Exhibit "B". COUNTY shall authorize each project fee in writing prior to commencement of the work. 4.1.2. Reimbursable expenses: The COUNTY will pay the CONSULTANT the actual costs of all reimbursable expenses incurred in the provision of these services when authorized in writing by the COUNTY. No reimbursable expenses will be incurred without additional authorization from the COUNTY. 4.1.3. Additional services and reimbursable expenses authorizations shall be issued in accordance with Board policy per Resolution Number R-89-633 adopted April 4, 1989. 4.2. Payments 4.2.1. Progress payments to the CONSULTANT shall be due and payable monthly in proportion to the percentage of engineering services approved and accepted by the COUNTY based on said lump sum fee until 90% of the project is completed. There will be no additional payments until all services are completed and accepted by the COUNTY (including permits). 4.2.2. Final payment shall be due and payable to the CONSULTANT upon satisfactory completion of the services described in this Agreement and approval and aeeeptance of the plans by the COUNTY. 4.2.3. Due to the nature of the irregular work flow and the small size of expected projects to be performed by the CONSULTANT, the COUNTY recognizes that the purpose of withholding retainage may not be applicable for all projects and the COUNTY may waive the requirement upon request of the CONSULTANT. 4.3. Other Provisions Concerning Payments 4.3.1. Records of CONSULTANT'S Salary Costs pertinentto CONSULTANT'S compensation under this Agreement will be kept in accordance with generally accepted accounting practices. Copies xvill be made available to the COUNTY on request prior to fina. l payment for CONSULTANT'S services. Page3of 10 pages SECTION 5 - GENERAL CONSIDERATION 5.1. Termination This Agreement may be canceled by the CONSULTANT upon thirty (30) days prior written notice to the COUNTY'S representative in the event of substantial failure by the COUNTY to perform in accordance xvith the terms of this Agreement through no fault of the CONSULTANT. It may also be terminated, in whole or in part, by the COUNTY with or without cause, immediately upon ~vfitten notice to the CONSULTANT. Upon any such termination, the CONSULTANT hereby waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits, on account thereof. Unless the CONSULTANT is in breach of this Agreement, the CONSULTANT shall be paid for services rendered to the COUNTY'S satisfaction through the date of termination. After receipt ora Termination Notice and except as otherwise directed by the COUNTY the CONSULTANT shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontractors relating to the performance of the terminated work. C. Transfer all work in process, completed work, and other materials related to the terminated work to the COUNTY. D. Continue and complete all parts of the work that have not been terminated. 5.2. Disclosure and Ownership of Documents 5.2.1. Upon compl~tion and acceptance of the final work, the CONSULTANT shall furnish to the COUNTY, the original drawings, field notes and all documents and materials prepared by and for the COUNTY under this Agreement. The CONSULTANT may keep a reproducible set of the original .drawings and shall keep all other data collected during the provision of the services. The COUNTY may, at its expense, obtain copies of any data which the CONSULTANT has accumulated in the process of providing the services on this Project. Any reuse without written verification or adaptation by the CONSULTANT for the specific purpose intended will be at the COUNTY'S sole risk and without liability or legal exposure to the CONSULTANT; and the COUNTY shall indemnify and hold harmless the CONSULTANT from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. Any such verification or adaptation will entitle the CONSULTANT to further compensation at rates to be agreed upon by the COUNTY and the CONSULTANT. 5.2.2. All written and oral information not in the public domain or not previously kno~am, and all information and data obtained, developed, or supplied by the COUNTY or at its expense will be kept confidential by the CONSULTANT and will not be disclosed to any other party, directly or indirectly, without the COUNTY'S prior written consent unless required by a lawful order. All drawings, maps, sketches, programs, data base, reports and other data developed or purchased, under this Agreement for at the COUNTY'S expense shall be and remain the COUNTY'S property and may be reproduced and reused at the discretion of the COUNTY. 5.2.3. The COUNTY and the CONSULTANT.shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). Page 4 of 10. pages 5.2.4. All covenants, ~agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. 5.3. Insurance 5.3.1. The CONSULTANT shall not commence work under this Agreement until it has obtained all insurance required under this paragraph and such insurance has been approved by the COUNTY. 5.3.2. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the COUNTY'S representative prior to the commencement of operations. The Certificates shall clearly indicate that the CONSULTANT has obtained insurance of the type, amount, and classification as required for strict compliance with this paragraph and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice tothe COUNTY'S representative. Compliance with the foregoing requirement shall not relieve the CONSULTANT of its liability and obligations under this Agreement. 5.3.3. The CONSIJLTANT shall maintain, during ',he term of this Agreement, standard Professional Liability Insurance in the minimum amount of $1,000,000 per occurrence. 5.3.4. Insurance and Indemnification - The CONSULTANT shall maintain Professional Liability insurance covering the CONSULTANT for sums which the CONSULTANT shall becom6 legally obligated to pay as damages because of liability arising out of any negligence, error or mistake in rendering or omission in failing to render the professional services required in the performance of the CONSULTANT'S agreement with the COUNTY. Required coverage shall be for Limits of Liability not less than $1,000,000. 5.3.5. SPECIAL INSTRUCTIONS: Occurrence form Professional Liability Insurance is highly preferred, however, in the event the CONSULTANT is only able to secure Claims-Made Professional Liability Insurance special conditions apply. Any Certificate of Insurance issued to tho COUNTY must clearly indicate whether the coverage is on a Claims-Made basis. Should coverage be afforded on a Claims-Made basis the CONSULTANT shall be obligated by virtue of this Agreement to maintain insurance coverage in effect xvith no less limits of liability nor any more restrictive terms and/or conditions for a period of 5 years from the date of this Agreement. CONSULTANT shall not commence work under this Agreement until he has obtained all insurance required under this paragraph and such insurance has been approved by COUNTY. CONSULTANT shall maintain during the term of the Agreement, his standard Professional Liability Insurance in tho mount of $1,000,000 (with standard deductions of not moro than $40,000). 5.3.6. Tho CONSULTANT shall maintain, during the life of this Agreement, comprehensive general liability, including contractual liability insurance in the amount of $1,000,000 per occurrence to protect the CONSULTANT from claims for damages for bodily and personal injury, including wrongful death, as xvell as from claims of property damages which may arise from any operations under this Agreement, whether such operations be by the CONSULTANT or by anyone directly employed by or Agreement ~vith the CONSULTANT. 5.3.7. Tho CONSULTANT shall maintain, during the life of this Agreement, comprehensive automobile liability insurance in the minimum amount orS 1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, usc, or inaintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by thc CONSULTANT or by anyone directly or indirectly employed by thc CONSULTANT. Pago5of I0 pages 5.3.8. The CONSULTANT shall maintain, during the life of this Agreement, adequate Worker's Compensation Insurance and Employer's Liability Insurance in at least such amount as are required by law for all of its employees per Flor/da Statute 440.02. 5.3.9. All insurance, other than Professional Liability and Worker's Compensation, to be maintained by the CONSULTANT shall specifically include PALM BEACH COUNTY as an "Additional Insured". The Additional Insured endorsement shall read "Palm Beach County Board of County Commissioners. a Political Subdivision of the State of Florida. its Officers. Employees. and Aaents". 5.4 Indemnification 5.4.1. The CONSULTANT shall indemnify and save harmless the COUNTY, its officers, agents, servants and employees from and against all claims, liability, damages, losses, 'and/or causes of action including reasonable attorneys' fees, which may arise from any breach of contract or any negligent act, error or omission of the CONSULTANT, its officers, employees, agents, subconsultants or anyone acting under their authority and control in the performance of this Contract. The indemnity obligations of this section shall not apply to damages or injury to the extent caused by the negligence or willful misconduct of the COUNTY, or its officers, employees, agents or third parties. As consideration fei this indemnification, COUNTY shall pay CONSULTANT the sum of One Hundred Dollars ($100.00). 5.4.2. The CONSULTANT'S duty to indemnify the COUNTY, its officers and employees shall continue even if thc COUNTY is contributorily negligent. 5.5 Controlling Law 5.5.1. This Agreement is to be governed by the laws of the State of Florida. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled as a result of that action. 5.6 Successors and Assigns 5.6.1. COUNTY and CONSULTANT each is hereby bound and the partners, successors, executors, administrators and legal representatives of COUNTY and CONSULTANT (and to the extent permitted by Paragraph 5.6.2. the assigns of COUNTY and CONSULTANT) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 5.6.2. Neither COUNTY nor CONSULTANT shall assign, sublet or transfer any fights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent CONSULTANT from employing such independent professional associates and consultants as CONSULTANT may deem .appropriate to assist in the performance of services hereunder. Page6of 10 pages 5.6.3. Nothing under this Agreement shall be construed to give any fights or benefits in this Agreement to anyone other than COUNTY and CONSULTANT, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of COUNTY and CONSULTANT and not for the benefit of any other party. 5.7 Subcontracting 5.7.1. The COUNTY reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and to inspect all facilities of any subcontractors in order to make a determination as:to the capability of the subcontractor to perform properly under this Contract. The CONSULTANT is encouraged to seek minority and women business enterprises for participation in subcontracting opportunities. 5.7.2. Ifa subcontiactor fails to perform or make progress, as required by this ContraCt, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new subcontractor by the COUNTY. 5.7.3. In accordance with Palm Beach County M/WBE Ordinance #93-28, as amended by Ordinance #95-5 and my be amended from time to time, the CONSULTANT agrees to the M/WBE participation for this COntract as specified below: 0 % Black Participation 0 % Hispanic Participation 15 % Women Participation 0 % Other (to be used in any category) 5.7.4. The CONSULTANT agrees to abide by all provisions of the M/WBE Ordinance and understands that failure to comply with any of the requirements will bo considered a breach of contract. 5.7.5. The CONSULTANT understands that each minority and/or women owned firm utilized on this contract mUst be certified by Palm Beach County in order to be counted toward the M/WBE participation.. 5.8 Personnel 5.8.1~ CONSULTANT represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. 5.8.2. Such personnel shall not bo employees of or have any contractual relationship with the COUNTY. All of the services required herein shall be performed by the CONSULTANT or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, licensed or permitted under state and local law to perform such services. 5 ~8.3. The CONSULTANT warrants that all services shall be performed by skilled and competent personnel in accordance with all applicable national, federal, state, and local professional and technical standards. 5 ~9 Availability of Funds 5;9.1. The COUNTY'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the Board of County Commissioners. Page 7 of 10 pages 5.10 Conflict of Interest 5. I0.1. The CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided for in Florida Statutes 112.311. The CONSULTANT further represents that no person having any interest shall be employed for said performance. 5.10.2. The CONSULTANT shall promptly notify the COUNTY'S representative, in writing, by certified mail, of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence the CONSULTANT'S judgement or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the CONSULTANT may undertake and request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the CONSULTANT. 5.10.3. The COUNTY agrees to notify the CONSULTANT of its opinion by certified mail within thirty (30) days of reCeipt of notification by the CONSULTANT. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interes~ by the CONSULTANT, the COUNTY shall so state in the notification and the CONSULTANT shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the COUNTY by the CONSULTANT under the terms of this Agreement. 5.11 Independent Contractor Relationship 5.11.1. The CONSULTANT and subconsultants are, and shall be, in the performance of all work services and activities under this Agreement, Independent Contractors, and not employees, agents, or servants of the COUNTY. The CONSULTANT does not have the power or authority to bind the COUNTY in any promise, agreement or representation other than specifically provided for in this Agreement. The CONSULTANT shall be responsible to the COUNTY for all the work or services performed by the CONSULTANT or any person or finn engaged as a subconsultant to perform work in fulfillment oft_his Agreement. ;, 5.12 Access and Audits The CONSULTANT shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion of this Agreement. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CONSULTANT'S place of business. 5.13 Entirety of Contractual Agreement The COUNTY and the CONSULTANT agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 5.14 During the term of this Contract, the COUNTY may require prOfessional services that are the same or similar to those described in this agreement. The COUNTY may, at its sole discretion, obtain said services in'accordance with the State of Florida Consultants Competitive Negotiation Act. If the COUNTY so elects, page 8 of 10. pages it is mutually understood that the relationship bem,een the CONSULTANT and the COUNTY under this Contract shall be considered as neither barring the CONSULTANT from, nor granting special consideration to the CONSULTANT in participating in the selection process for a consultant to provide such additional services. SECTION 6 - SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES 6.1 Federal & State Tax 6.1.1. CONSULTANT shall be responsible for payment of its own and its share of its employees' payroll, payroll taxes, and benefits with respect to this Agreement. 6.2. The following Exhibits are attached to and made a part of this Agreement. 6.2.1. Exhibit A: Further Description of Basic Engineering Services and Related Matters consisting of 1 pages. 6.2.2. Exhibit B: Fee Schedule consisting of 1 pages.' 6.2.3. Exhibit C: Certificate: Truth in Negotiation, Prohibition Against Contingent Fees, Non-Discrimination, and Public Entity Crimes Statement consisting of 1 page. ~ 6.3. This Agreement (consisting of pages 1 to 10 inclusive), together with the Exhibits and Schedules identified above constitute the entire agreement between COUNTY and CONSULTANT and supersede all prior written or oral understandings. This Agreement and said Exhibits and Schedules may only be mended, supplemented, modified or canceled by a duly executed written instrument. THIS SPACE LEFT BLANK INTENTIONALLY Page 9 of 10 pages IN WITNESS WHEREOF, the parties have made and executed this Agreement as of the day and year first above written. OWNER: PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida CONSULTANT: Gentile, Holloway, O'MahoneY & Associates, Inc. a Florida Corporation BOARD OF COUNTY COMMISSIONERS i~'~__~~ BY: BY: Warren Jill. Newell, Chairman Dorothy H Wi]ke,. Clerk ~,~:.?..:":'".c.:O~;'_",,, · __- ,~... '.:~. // Circuit Court ~'co_j..--~ B~,~ "[~.'5 ~eputy Clerk //0t ~,~"- ..'5'-~ ",,~' ..... x:'" ~wrrNESS: SEAL APPROVED AS TO FORM AND LEGAL SUFFICIENCY Assistant County(~ey George G. Gentile, FASLA . Its President (Printed Name) (Printed Name) Pagel0of 10 pages F:kROADWAY~C~na~amualskLanscape_Arch\GENTILEkNEW_AGREEMENT'DOC EXHIBIT "A" LANDSCAPE ARCHITECTURAL SERVICES ANNUAL AGREEMENT Between PALM BEACH COUNTY, FLORIDA And GENTILE HOLLOWAY O'MAHONEY & ASSOCIATES, INC. December 29, 2000 DESCRIPTION OF LANDSCAPE ARCHITECTURAL BASIC SERVICES The types of individual pro/ects to be assigned to the CONSULTANT under this Agreement shall include, but not necessarily be limited to: a) Streetscape standards revisions b) Streetscape / Corridor plans c) Urban design / District plans d) Facility improvements / Park improvements e) Mitigation/Restoration/'Enhancement plans The types of individual tasks to be assigned to the CONSULTANT under this Agreement shall include, but not necessarily be limited to: a) Master planning/site planning c) Project programming c) Permitting d) Schematic design e) Design development f) Construction documents g) Bid phase assistance h) Construction administration i) Any additional work required or work authorized and approved by the Owner, Palm Beach County. EXHIBIT "B" HOURLY RATES For the purposes of annual work (effective from October 1, 2000 until September 30, 2001), the following hourly base salary coSts shall apply to this Agreement multiplied by a factor of 2.8. RATE CATAEGORY HOURLY MULTIPLIER HOURLY BASE SALARY RATE A. PRINCIPLE/ 37.50 PROJECT MANAGER B. SR. LANDSCAPE ARCH. 25.00 C. LANDSCAPE ARCH. 19.50 RESEARCH TECH. D. TECHNICIAN 14.30 Multiplier: 2.8 $1 O5.OO 2.8 $ 70.00 2.8 $ 54.0O 2.8 $ 4O.OO Based on our annual audit for the Florida Department of Transportation General Overhead Rate 1.6 plus Capital Cost of Money 1.2. PROJECT: LANDSCAPE ARCHITECTURAL SERVICES (ANNUAL BASIS) CONSULTANT: GENTILE, HOLLOWAY, O'MAHONEY & ASSOCIATES, INC. EXHIBIT "C" TRUTH-IN-NEgOTIATION STATEMENT By entering into this Agreement, the CONSULTANT certifies that the wage rates and costs used to determine the lump sum fees contained in herein are accurate, complete and current as of the date of this Agreement. The said lump sum fees shall be adjusted to exclude any significant sums should the COUNTY determine that the lump sum fees were increased due to inaccurate, incomplete or non-current wage rates or due to inaccurate representations of fees paid to outside consultants. The COUNTY shall exercise its right under this "Certificate" within one year following final payment. PROHIBITION AGAINST CONTINGENT FEES STATEMENT By entering into this Agreement the CONSULTANT warrants that they have not employed or retained any company or person other than a bonafide employee working solely for the CONSULTANT to solicit or secure this Agreement and that they have not paid or agreed to pay any person, company, corporation, individual or firm other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, gif~ or other consideration contingent upon or resulting from the award of making of this agreement. PUBLIC ENTITY CRIMES STATEMENT As provided in F.S. 287.132-133, by entering this Agreement or performing any work in furtherance hereof, the CONSULTANT certifies that it, its affiliates, suppliers, sub-contractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State &Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3) (a). NON-DISCRIMINATION STATEMENT The CONSULTANT warrants and represents that all of its employees are treated equally during erriployment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. George G. Gentile, FASLA, President F:~R. OADWAYXCCN A.XAnnu alsXLanscal~_Arch\G ENTILEkAFIDA~T.CER TO: LETTER OF INTENT TO PERFORM AS A MINORITY AND/OR SUBCONSULTANT Gentile, Hollcx~ay, O'Mahoney & Assoc., Inco (NAME OF PRIME CONSULTANT) 1907 Commercial lar~, Suite 10l Jupiter, FL 33458 (ADDRESS) CONTACT PERSON & TITLE: George G. Gentile, FASLA, President FROM: 31.9 Anna Cottrell & Associates, Inc. (NAME OF SUB-CONSULTANT) Clematis St., Suite 600, WPB, FL 33401 (ADDRESS - Where work will be performed) 100% ** (Percent of Work) ** Percentage of work ~to be performed within the firm's Pa.lm Beach County offices ONLY. CONTACT PERSON & TITLE: Anna S. Cotrrell, President The undersigned intend to perform work in connection with the above project as (check one): __an individual X acorporation __a partnership a joint venture The undersigned is certified by Palm Beach County as (check one): * MBE: __H __BL X WBE __O(Other) Non MBE Certified * Attach copy of current applicable certification(s). The undersigned is prepared to perform the following described work in connection with the above project (specify in detail particular work items or parts thereof to be performed): which is /~ % of the total work to be performed by the Sub-consultant on the named project. The undersigned will enter into a formal agreement for the described work with the above-named prime consultant upon an executed agreement with Palm Beach County. PROJECT: Landscape PROJECT #: bi, I Pt REV. 9/00 BY: Architectural Serviceson an Annual Anna Cottrell & Associates, Inc. (NAME O_.F SUB-CONSUI.TANT FIRM) (SIGNATURE OF REPRESENTATIVE) (DATE) Anna S. Cottrell, President (NAME & TITLE OF SIGNATURE REPRESENTATIVE) Contract Basis A:LS UB-LO~ I.DOC V-CONSENT AGENDA ZTEPl B.5 AGENDA ITEM REQUEST FO Ot 16 PH 1:19 Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17,2001 [] May 1,2001 Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21,200l (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19,2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 200l (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf-mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: MOTION to approve CHANGE ORDER #1 in the mount of $18,656.00 to TANDEM STAFFING for TEMPORARY LABOR SERVICES, BID#087-2510-00/KR, bringing the bid's total estimated expenditures to $28,656.00. CONTRACT PERIOD: SEPTEMBER 21, 2000 TO SEPTEMBER 20, 2001. EXPLANATION: At the City Commission meeting of August 15, 2000, this bid was approved with an estimated annual expenditure of $10,000 (Public Works - $8,000; Parks Division - $2,000). Originally the bid was being utilized by Parks Division for temporary labor services for an employee that was out for an extended period. Due to landscape renovations at the Tennis Center and Pence Park additional needs for temporary labor was essential. John Wildner, Parks Director, concurs with the recommendation for an increase of $18,656.00 for the Parks Department (see attached Memo #01-40). PROGRAM IMPACT: The temporary labor service has been beneficial to Parks Division in completing landscape renovations at the Tennis Center and Pence Park. The employee that was out on extended leave has returned to work and Parks Division does not anticipate any further need for additional temporary labor service for this fiscal year beyond this requested change order. FISCAL IMPACT: Funding is available in the FY2000/2001 budget as follows: Account Description Account Number Other Contractual Services 431-2515-534-49-17 Other Contractual Services 001-2730-572-49-17 Parks Development Projects 001-5000-590-02-01 Total Deputy Director of Financial Services Amount $ 8,000.00 (Public Works - no change) 9,500.00 (Parks Division) 11,156.00 (Parks Division) City Manager's Signature Procurement Services Department Name cc: John Wildner- Parks File S:kBULLETIN~FORMSkAGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources PARKS DEPARTMENT MEMORANDUM #01-40 TO: FROM: RE: Date Bill Atkins, Deputy Finance Director .lohn Wildner, Parks Director ~/~ Tandem Staffing May 15, 2001 As we have discussed, this memo is to request that purchase order #010266 be used to pay an estimated $2,500 in outstanding invoices to Tandem Staffing. The labor was used to accomplish construction at the Pence Park renovation project, account #001-2730-572-63-05, has sufficient funds available to cover this expense. Originally this purchase order was established to replace services lost 'when one of when one of our employees was out for an extended (non-City) workers compensation case. Considerable temporary labor was later used to accomplish landscape renovations at both the Tennis Center and Pence Park renovation projects. A total of $18,156.00 has already been paid to Tandem Staffing using direct payment requisitions for the Tennis Center and Pence Park projects. At this time our injured employee is back to work. The Parks Department does not anticipate any further need for additional temporary staffing through the end of this fiscal year. Request purchase orders for Tandem Staffing be adjusted to accomplish current needs. ]W/vlr Requested City Commission [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1, 2001 CITY OF BOYNTON BEACIV-CONSENT AGENDA AGENDA ITEM REQUEST Fo!TEM C.1. Date. Final Form Must be Turned March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission [] May 15,2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve full release of surety for the project known as Coral Lakes XII, and authorize return of the letter of credit to the developer. EXPLANATION: The developer of the project posted surety in the amount of $ 461,005 to guarantee the completion of the water and sewer systems serving the project. Both systems have been completed, dedicated to the City, and have passed all inspections through the warranty period. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. Utilities Department Name XC: Peter Mazzella (w/attachments) Finance Dept. " City Attorney ,, File ,, tAty Attorney Finance / Human ResourceS----- · S-~BULLETINWORMSLAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 0l- A RESOLUTION OF THE CITY cOMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF THE SURETY (LETTER OF CREDIT 1999-115) FOR THE PROJECT KNOWN AS CORAL LAKES XII IN THE AMOUNT OF $461,005; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer posted surety in the amount of $461,005 to guarantee the completion of the water and sewer systems serving the project known as Coral Lakes XII; WItERESAS, both systems have been completed, dedicated to the City, and have )assed all insPections through the warranty period; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF YHE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~. Section 1. The City Commission of the City of Boynton Beach, Florida, based upon the recommendation of staff, hereby approves a full release of the surety for the project known as Coral Lakes XII, 'in the amount of $461,005. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ______ day of June, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Clerk Corporate Seal) - Coral Lake~ XII Full Rcle~e Commissioner Commissioner March 23, 1999 OHio SA City of Boynton Beach/Utilities 100 East Boynton Beach Boulevard Boynton Beach, Florida 33437 Attention: Mr. Pete Mazzella Re: Irrevocable Letter of Credit No. 1999-115 Dear Sirs: You are hereby irrevocably author zed to draw on Ohio Savings Bank pursuant to this Irrevocable Letter of Credit No. 1999-115 for the account of Oriole Homes Corp., 1690 South Congress Avenue, Suite 200. Deiray Beach, Florida 33445, by your draft at sight, upon the terms and conditions hereinafter set forth, an aggregate amount not exceeding Four Hundred Sixty One Thousand Five and no/100 Dollars ($461,005.00) (U.S.) (the "Stated Amount"), effective immediately and expiring at the close of business on March 31, 2000 fthe "Expiration Date"). Funds under this Letter of Credit are available to you against your executed .sight draft(si drawn on us on or before March 31, 2000, stating Irrevocable Letter of Credit No. 199§-115," on its face: "Drawn under.Ohio Savings Bank and accompanied by this Letter Of Credit and a signed . and dated affidavit purportedly executed by the Utilities Director of the City of Boynton Beach indicating that the amount drawn represents the total cost to complete the on-site sanitary sewer and water lines shown on Sheets 1 through 10 of 10 of the plans by Lawson, Noble and Webb titled "Water & Sewer Plans", Coral Lakes XII dated September 8, 1998. We shall be entitled to rely upon the representations of any person purporting to be the Utilities Director or other duly elected or appointed official of the addressee in determining the authority of any person claiming to have rights hereunder, and we shall not be responsible to make further inquiry or investigation. It is a condition of this Letter of Credit that it shall be deemed automatically extended without. amendment for one year from the present or any future expiration date hereof unless at least ninety (90) days prior to such date we shall notify you in writing by certified mail; return receipt required, or hand delivery' at the above address that we will not renew this Letter of Credit for such additional period. Presentation of such draft, this Letter of Credit and said written statement shall be made at our Corporate Banking Department, Ohio Savings' Plaza, 1801 East Ninth Street, Suite 200, Cleveland, Ohio 44114. All drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored by us within three (3) business days after delivery of the required documentation as specified if presented at such office on or before the expiration or termination hereof. Payment will be made by check issued in the name of the addressee and will be mailed to the addressee's address listed above. If a demand for payment made by you hereunder does not, in any instance, conform to the terms and conditions of this Letter of Credit, we shall give you prompt notice that the purported negotiation was not effected in accordance with the terms and conditions of this Letter of Credit, stating the reasons therefor and that we are holding any documents at your disposal or are returning the same to you, as we may elect. As used herein "business day" shall mean any day other than a Saturday or a Sunday or any day on which Ohio Savings Bank is required __or authorized by law fincluding executive orders) to close. (-.~l-tl() SAVINGS PLAZA - 1801 EAST NINTH STREET- SUITE 200 -CLEVELAND . OHIo - 44114 -(216) 622-4100 City of Boynton Beach/Utilities Page Two March' 23, 1999 Multiple drawings may' be made hereunder; provided that (al drawings hereunder shall not, in the aggregate, exceed the. Stated Amount, and (b) each drawing on or by us shall rD_E9 tanto reduce the amount available under this Letter of Credit. Upon payment to the addressee or to the addressee's account of the amount specified in a sight draft drawn hereunder, we shall be fully discharged on our obligation under this Letter of Credit with respect to such sight draft, and we shall not thereafter be obligated to make any further payments under this Letter of Credit in respect of such sight draft to you or any other person. Upon the earlier of (a} the making of the final drawing available to be made hereunder, or the Expiration Date as may be extended, this Letter of Credit shall automatically terminate. Communications with respect to this Letter of Credit shall be in writing and shall be addressed to Corporate Banking, Ohio Savings Bank, O~io Savings Plaza, 1801 East Ninth Street, Suite 200, Cleveland, Ohio 441 t4, Attention: Ralph Kirk, specifically referring thereon to Ohio Savings Bank Irrevocable Letter of Credit No. 1999-11 5. This Credit is not transferable or negotiable and may only be drawn against by the named addressee. Any attempted or purported assignment, transfer, conveyance or negotiation of this Letter of Credit shall be void. This Letter of Credit shall be governed by the Uniform Customs and Practice for Documentary Credits, International Chamber Of Commerce (the"Uniform Customs")-in effect on the date of -issuance of this Letter of Credit. This Le.tter of Cre6it shall be deemed to be made under the law~ of the State of Florida, including Article 5 of'the Uniform Commercial Code as in effect in the State of Florida, and shall, as to matters not governed-by the Uniform Customs, be governed by and construed in accordance with the laws of the State of Florida. This L~tter of Credit is enforceable in a court of competent iurisdiction in Palm Beach County, Florida. This Letter of Credit sets forth in full our undertaking, and such undertaking shall not in any way be modified, amended, amplified or limited by reference to any document, instrument or agreement, except to the extent explicitly referred to herein; and any such reference shall ~ot be deemed to incorporate herein by reference any d.ocument, instrument or agreement except to such. e xte nt, OHIO SAVINGS BANK And: /)~c Requested City Commission Meeting Dates [] March20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 V-CONSENT AGENDA CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FO. Date Final Form Must be Turned in to Cit~ Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5,2001 [] June 19,2001 [] July 3, 2001 ITEM C.2 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve Amendment #1 to Task Order #1 with Utility General Engineering Consultant, CH2M Hill, in the amount of $11,960.00 for additional design work and survey services related to the South Seacrest Estates Water Main and Swales Improvement Project (Commission approved November 21, 2000). EXPLANATION: This design and survey work includes an additional 1300 feet of water main on South Seacrest Blvd. from SE 31st Avenue to SE 28t~ Avenue. This will eliminate/replace an older unlined cast iron pipe and associated service connections with improved water quality and fire service. Additionally, this amendment provides for design and survey services for swale improvements in this neighborhood where water lines are not slated for replacement. Primarily, this is along SE 1st Street between SE 23rd Avenue and SE 27th Avenue. Originally this street was not included as most of these water mains are currently in rear easements and being moved to the east/west avenues. It is a logical extension of this project to include all improvements in this area at one time.- PROGRAM IMPACT: This amendment provides the survey and design work for bidding documents for a construction project that will improve water quality and service, and 'provide stormwater improvements within this South Seacrest Estates Water Main Replacement Project area. FISCAL IMPACT: This amendment is $11,960.00. The original Task Order is for $160,110.00. This will bring the new total to $172,070.00 and includes services during construction. ALTERNAT(1VES: If we do not replace this cast iron pipe on Seacrest Blvd., we will not eliminate the water quality concerns in t~s area. The s~rmwater improvements included in this amendm~at will improve SE 1st Street asp of this water m~ihximprove~ent, x tr project and coordinate these two activities. [/]/~ _art D~p~ent lele~'s Signature ' C'~t~ Manager's Signature Utilities Department Name City Attorney / Finance / Human Resources Xc: Bob Kenyon Barb Conboy Dale Sugerman File S:~BULLETINWORMS~GENDA ITEM REQUEST FORM.DOC CH2MHILL May 3, 2001 CH2M HILL Hillsboro Executive Center North 800 Fairway Ddve, Suite 350 Deerfield Beach, FL 33441-1831 Tel 954,426,4008 Fax 954,698,6010 1613~7.WM.10 Robert Kenyon City of Boynton Beach 124 East Woolbright Road Boynton Beach, FL 33435 Subject: Seacrest Estates Area Water Main and Swale Improvements Task Order 1 Dear Mr. Kenyon: Please find attached, 3 original, signed copies of Amendment No. 1 to Task Order No. 1, relative to the additional work required to complete the construction documents for the above referenced project. The additional work was developed during discussions with City staff as the project design was being completed and reflects the desire to complete as many of the anticipated improvements in the affected area as possible at one time, so as to reduce the impact of multiple construction projects on the residents in the neighborhood. The original project was envisioned to replace water mains located behind the houses in the Seacrest Estates area, in accordance with the overall water main replacement program being carried out by the City. It was combined with aspects of the City-wide stormwater improvements program, in that swale improvements were to be made on streets where the water mains were to be constructed. A third program being implemented by the City is the systematic replacement of sub-standard water service connections. This amendment extends those improvements to include swale improvements on all streets in the neighborhood even if there are no new water mains and to replace services in areas where the water mains do not need to be replaced. It also replaces a portion of the Seacrest Boulevard water main adjacent to the project area. This Amendment to the original task order adds the following additional items to the scope of the project, specifically: · Replacement of the water main on Seacrest Boulevard from SE 31st Ave. north to just beyond SE 28th Ave. (approx. 1300 LF). · Provide survey services on Seacrest Boulevard (west side) to fadlitate replacement of the water service connections from SE 34t~ Ave. north to just beyond SE 28th Ave. · Swale improvements (survey and design) on SE 1st St. between SE 23rd Ave. and SE 27th Ave. Sincerely, CH2M HIL~ Walt Schwarz, P.E. Project Manager RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO TASK ORDER NO. 1 BETWEEN THE CITY OF BOYNTON BEACH AND CH2M HILL IN THE AMOUNT OF $11,960.00 FOR ADDITIONAL DESIGN WORK AND SURVEY SERVICES RELATED TO THE SOUTH SEACREST ESTATES WATER MAIN AND SWALES IMPROVEMENT PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this design and survey work includes an additional 1,300 feet of water main on South Seacrest Blvd, fi.om SE 31st Avenue to SE 28th Avenue; and WHEREAS, this will eliminate/replace an older unlined cast iron pipe and associated service connection with improved water quality and fire service, as well as providing design and survey services for swale improvement in this neighborhood; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to approve and eXecute Amendment No. 1 to Task Order No. 1 with CH2M Hill in the amount of $11,960.00, for additional design work and survey services related to the South Seacrest Estates Water Main and Swales Improvement Project. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of June, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ATTEST: City Clerk (Corporate Seal) cakreao'~agreem~nta\Consullant- Amd No. I to T~k Order 1 -CH2Mhill 051901 Commissioner Commissioner Commissioner CH2MHILL May 3. 2001 CH2M HILL Hillsboro Executive Center North 800 Fairway Ddve, Suite 350 Deerfield Beach, FL 33441-1831 Tel 954.426.4008 Fax 954.698.6010 161317.WM.10 Robert Kenyon City of Boynton Beach 124 East Woolbright Road Boynton Beach, FL 33435 Subject: Seacrest Estates Area Water Main and Swale Improvements Task Order 1 Dear Mr. Kenyon: Please find attached, 3 original, signed copies of Amendment No. 1 to Task Order No. 1, relative to the additional work required to complete the construction documents for the above referenced project. The additional work was developed during discussions with City staff as the project design was being completed and reflects the desire to complete as many of the anticipated improvements in the affected area as possible at one time, so as to reduce the impact of multiple construction projects on the residents in the neighborhood. The original project was envisioned to replace water mains located behind the houses in the Seacrest Estates area, in accordance with the overall water main replacement program being carried out by the City. It was combined with aspects of the City-wide stormwater improvements program, in that swale improvements were to be made on streets where the water mains were to be constructed. A third program being implemented by the City is the systematic replacement of sub-standard water service connections. This amendment extends those improvements to include swale improvements on all streets in the neighborhood even if there are no new water mains and to replace services in areas where the water mains do not need to be replaced. It also replaces a portion of the Seacrest Boulevard water main adjacent to the project area. This Amendment to the original task order adds the following additional items to the scope Of the project, specifically: · Replacement of the water main on Seacrest Boulevard from SE 315t Ave. north to just beyond SE 28~h Ave. (approx. 1300 LF). · Provide survey services on Seacrest Boulevard (west side) to facilitate replacement of the water service connections from SE 34~ Ave. north to just beyond SE 28th Ave. · Swale improvements (survey and design) on SE 1st St. between SE 23'd Ave. and SE 27~ Ave. Sincerely, CH2M HIL~ Walt Schwarz, P.E. Project Manager CH2MHILL TRANSMITTAL To: City of Boynton Beach 124 East Wooibright Road Boynton Beach, FL 33435 Attn: Robert Kenyon Re: Seacrest Estates Project We Are Sending You: · Attached Shop Drawings Prints Copy of letter From: Walt Schwarz, P.E. Date: April 24, 2001 Under separate cover via Documents Specifications Other: Tracings Catalogs Quantity Description 3 Amendment No. I to Task Order No. 1 If material received is not as listed, please notify us at once Remarks: Bob, The attached amendment accounts for the following 3 changes to the project: · The addition of swale improvements (where there are no water mains) on SE'lSt Street · Survey on the west side of Seacrest to replace the services · Survey and design for the Seacrest Boulevard water main replacement north of where the record information we were given and where the original task order said was to be replaced. As you know, the survey and the SE 1st Street design has been completed. Please contact me if you have any questions, APR 2 6 2,901 DFB/BOBTRA4.DOC 1 161317.WM.I0 Task Order 1 - Amendment 1 April 20, 2001 Additional Services for Technical Services for Design, Bidding and Construction Phase for the Replacement of Small Diameter Water Mains and Swale Improvements in the Seacrest Estates Area, to Include Areas not Included in the Original Agreement A. Background In 1989, the City of Boynton Beach (CITY) completed a Water and Wastewater Master Plan that identified major capital improvements in the CITY's utility system through the year 2000. The projects identified in the plan related to the water system included improvements to the CITY's drinking water facilities to improve operations and increase water production capacity as well as improvements to the water transmission system. Several of the identified improvements related to areas where water mains smaller than 6- inches in diameter are located and areas where the water mains were located behind residential properties in a utility easement. The Seacrest Estates Area contains small diameter water mains (2 to 4-inches in diameter) many of which are also located behind residences in the utility easements. The existing water mains in this area are mostly aging, galvanized or unlined, cast iron pipes. There have been ongoing complaints of low pressure and poor water quality in this area. lVf_~ir~taining the water mains in the utility easement has been problematic since many of the residents have built on the easements. There have also been incidents with dogs and the residents don't appreciate having utility workers in their backyards. Replacement of the small diameter water mains with minimum 6-inch diameter water mains and looping the system will increase area pressures, improve water quality, and provide a more reliable system, particularly for fire service. Moving the location of the water mains to the roadways will eliminate the problems associated with the backyard easements and improve meter reading efficiency. CITY staff has been actively replacing the small diameter water mains throughout the CITY; however, the breadth of the work required has taxed the CITY's resources. The CITY has evaluated their ability to perform all of the work required within the desired time schedule and has decided to contract out some of the small diameter water main replacement work. The improvements proposed for the Seacrest Estates Area under this Task Order shall be performed by a private contractor, therefore requiring biddable construction documents. The CITY is interested in replacing the old mains with new 6-inch diameter water mains. The pipe will most likely be C-900 PVC installed by conventional method, however directional drilling wand other materials will be considered for applicability. In addition to the small diameter water main replacement work, an approximately 2,100-foot section of the 6-inch diameter water main on Seacrest Boulevard from roughly Mission Hill to SE 36 Avenue is old tmlined cast iron pipe. Poor water quality has also been reported in this area. This section of water main requires replacement and upsizing to a larger size compatible with service needs. The work will be developed for inclusion in the bid documents, however the CiTY may choose to perform this work with CITY personnel. OF~'rO1AMEND1.DOC 1 To minimize disruption to neighborhoods, the City will continue implementation of it's swale improvement program on streets receiving water main improvements. On these streets, the project will incorporate drainage improvements including swale, driveway and sidewalk reconstruction commensurate with the water main work and bid in the same construction contract. It is understood that there will be future projects throughout the City consisting of water main replacements and swale improvements. Therefore, construction documents such as specifications and standard details will be developed in a manner that will make them easily reusable on subsequent projects. The CITY has requested engineering services from CH2M HILL (CONSULTANT) to implement the Seacrest Estates Area improvements for the small diameter lines and swales in the general area bounded by Seacrest Boulevard, Southeast 31 Avenue, Southeast 21 Avenue, and the railroad tracks at Dixie Highway. Items included in this Task Order provide for the preparation of biddable drawings and specifications, bid and construction phase services. B. Scope of Services This Amendment to the original task order adds additional area to the scope of the project, specific ny: · Replacement of the water main on Seacrest Boulevard from SE 31'~ Ave. north tO just beyond SE 28~ Ave. (approx. 1300 LF). · Provide survey services on Seacrest Boulevard (west side) to facilitate replacement of the water service connections from SE 34~ Ave. north to just beyond SE 28~ Ave. · Swale improvements (survey and design) on SE 1'~ St. between SE 23~ Ave. and SE 27~ Ave. The specific services to be provided by the CONSULTANT are as follows: Task I - Engineering Design Services Additional field survey and engineering design services are required to accomplish the following improvements:: · For Seacrest Boulevard: The existing main will be replaced for the 1300 LF from SE 31'~ Ave to just north of SE 28~ Ave. The scope of services for this work will be the same as described in Task I of the original task order. There is no swale work in this area, only water main and services. This additional task will add 2 sheets to the drawing set. · Also for Seacrest Boulevard: The service laterals on the west side of the street will be shown on the drawings and replaced by directional drilling as part of the construction project. The extent of this work is SE 28m Ave. south to SE 34m Ave. The work in this task will be incorporated into existing drawings. · For SE 1" St.: Additional drawings will be added to the project for the reconstruction of the drainage swales between SE 23'a Ave. and SE 27~ Ave. There are no water main replacements on this street but it makes sense to complete the drainage work in the area at the same time. This task will add I sheet to the drawing set. Task 2 - Permitting Services There are no changes to the Task 2 services. DFB/'rO1AMEND1 .DOC Task 3 - Bid Phase Services There are no changes to the Task 3 services. Task 4 - Services During Construction There are no changes to the Task 4 services. C. Additional Services The CONSULTANT will provide additional services beyond the scope as authorized by a separate task order or an amendment to this task order. Additional services may include, but are not limited to, the following: · Additional site visits, public meetings or additional project scope · Claims, litigation or other controversy in connection with this project. · D. Assumptions · Unless indicated otherwise in this Amendment, all assumptions contained in the original Task Order 1 will remain in effect. E. Obligations of the CITY Unless indicated otherwise in this Amendment, all obligations of the CITY in the original Task Order 1 will remain in effect. F. Compensation Compensation by the CITY to the CONSULTANT will be on a lump sum in accordance with the Agreement. The estimated compensation for the services described in this Amendment No. 1 to Task Order No. 1 is $11,960.00. The table below summarizes the estimated costs anticipated for this task. Survey services are included in expenses and are not shown as part of the labor time or cost. Amendment No. 1 Cost Estimate Task 1-Additional Design Services Oay~ Costs Expenses Total 7.2 $5,210 $6,750 $11,960 G. Schedule The services to be provided under this Task Order will be included in the normal progress of the project described in the original task order. No additional time will be required beyond what is necessary for the surveyors to complete the additional field work. APPROVED BY: CItY OF BOYNTON BEACH, FLORIDA By:. Gerald Broening Mayor Dated this __ day of ,2001. DFa/TO1NaEN01 .DOC 3 SUBMITTED BY: CH2M HILL, INC. By: "rh-omas Vice President, ~ea ~ger Dated ~ ~ day of ~ ,2001. DR~/TO1AMENO1.D(X~ Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 NATURE OF AGENDA ITEM V-CONSENT AGENDA CITY OF BOYNTON BEA ITEM C.3 AGENDA ITEM REQUEST F Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates May l5,2001 March 7, 2001 (5:00 p.m.) [] Date Final Form Must b~l:umet~ ~ iu cie Clerk's May2,2001 (5:00p.m.) .1:' March 21, 2001 (5:00 p.m.) [] June 5, 2001 May 16, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) [] June 19, 2001 June 6, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) [] July 3, 2001 June 20, 2001 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UnfmishedBusiness [] Announcement [] Presentation [] city Manager's Report RECOMMENDATION: Motion to authorize staff to apply for the 2001-2002 Children's Services Council grant in the amount of $59,519 for the Boynton Beach Latchkey Afterschool Program. EXPLANATION: Each year the City of Boynton Beach applies to the Children's Services Council for grant funding for the Latchkey Afterschool Program. The program is designed to assist those in need of afterschool care at Rolling Green Elementary School. The afterschool program is located at the school and will serve over 90 families with maximun capacity of 100 students. Attached, please fred the agency certification form. Upon approval, please return the original executed form to the Recreation Department. This form will be sent to CSC as part of our proposal for grant funding. PROGRAM IMPACT: Without execution of this form, our proposal will be incomplete and the City of Boynton Beach Latchkey Afferschool Program could not continue. It is essential to receive the grant funds for the program, so that the Recreation Department may continue serving the children and parents of Rolling Green Elementary School. FISCAL IMPACT: The Latchkey Afterschool Program is a collaborative effort between the City, CSC, and the School Board of Palm Beach County. The City of Boynton Beach will appropriate $42,247.00 for the operation of this program, CSC will provide $59,519.00 and the School Board will provide $18,000.00 We have included our contribution in the 2001-2002 budget of the Recreation Department. ALTERNATIVES: 1. The City of Boynton Beach would fund this program alone. 2. The School Board would have to explore possibilities to subsidize the high cost of their tradtional School Age Child Care programs. Recreation Department Department Name ' City~ana-ger's Signature City Attorney / Finance / Human Resources S:XBULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R0!- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING STAFF TO APPLY FOR THE 2001-2001 CHILDREN'S SERVICES COUNCIL GRANT IN THE AMOUNT OF $59,519.00 FOR THE BOYNTON BEACH LATCHKEY AFTERSCHOOL PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the citizens of the City of Boynton Beach to authorize and direct staff to apply for a grant from the Children's Services Council (CSC) in the amount of $59,519.00 for the funding of the Latchkey After School Program; and WHEREAS, the Latchkey After School Program is designed to assist those in need of day care services at Rolling Green School; and 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 hereby authorizes and directs staff to apply to the Children's Services Council (CSC), for grant funding in the amount of $51,519.00 to be utilized as primary funding for the Latchkey After School Program. Section 2. This Resolution shall become effective immediately upon )assage. PASSED AND ADOPTED this day of June, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk s:ca~reso~agreements~grants\Children's Se~ices Council - Latchkey 2001-02 -5/19/01 Children's Services Council of Palm Beach County 2001-2002 Base Program Application Page: 9 AGENCY CERTIFICATION In submitting this application to CSC The City of Boynton Beach certifies that: (Agency Name) 1.' The agency board of directors has approved this application at a meeting on If approval is pending at the time of submission, please check here. o o (date) All agency decisions regarding recruitment, hiring, promotions, release, and conditions of employment will be made without regard to consideration of race, creed, religion, gender, country of national origin, age, physical or mental handicap, marital status, sexual orientation or any other factor which cannot lawfully be used as a basis for an employment decision; The agency agrees to negotiate, if deemed necessary, with CSC to refine service levels, procedures, outcomes, budget, and any other relevant matter for incorporation into a contract; The applicant agency does not intend by this application to replace existing funding resources with CSC funds; The budget included in this application is a reasonable estimate of the anticipated revenues and expenditures for the activities proposed; In accordance with the 2000-2001 CSC contract, the applicant agency will submit, within 180 days of the completion of the applicant's 2000-2001 fiscal year, a GAO Standard Financial and Compliance Audit; The applicant agency maintains governmental or 501 c(3), (4), (6), (7) or (10) tax exemption status; Any of the following documents are available and upon request by CSC will be produced by the applicant agency within five (5) working days, but do not need to be submitted with this proposal: a. Articles of Incorporation b. Agency Bylaws c. Personnel Policies and Procedures d. Job Descriptions for all.CSC funded positions e. Certificates of insurance and bonding f. Licenses to operate Agency/Program F:\WORD\2001-2002 Funding Process\ Base Application\ Instructions & Forms. DOC 04/04/01 2:06 PM Children's Sen, ices Council of Palm Beach Count.,,' 2001-2002 Base Program Application Page: I 0 9. NO litigation is threatened or pending which could impair the applicant agency's ability to fulfill the provisions of this application: and 10. NO adverse action is pending or threatened by any regulator)', licensing, or oversight agency which could impair the applicant agency's ability to fulfill the provisions of this application. If any of the above documents are not available or any of these statements cannot be made, please explain below: OFFICIALS AUTHORIZED TO SIGN AND BIND AGENCY TO APPLICATION: (Authorized officials recognized by CSC are the Board Chair or President and Executive Director.) Signature of Chair or President Print Name Date: Signature of Executive Director Print Name Date: F:\WORD~2001-2002 Funding Process\ Base Application\ instructions & Forms. DOC 04/04/01 2:06 PM Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 V-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM C.4 AGENDA ITEM REQUEST Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5,2001 [] June 19,2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve and execute by Resolution Task Order #7 with Utility General Engineering Consultant, CH2M Hill, in the amount of $26,086.00 to prepare an operating permit renewal application with supporting documentation for the Deep Injection Disposal Well. EXPLANATION: The Florida Department of Environmental Protection (FDEP) regulates deep injection wells. FDEP requires an operating permit for these wells. The permits have a duration of five (5) years, and the City permit will expire September 30, 2001. The application is required to be filed a minimum of 60 days prior to expiration. CH2M Hill is currently involved with repairs to this well and will provide Professional Engineer (PE) and Professional Geologist (PG) expertise in this permitting process. PROGRAM IMPACT: This renewal is necessary to comply with Florida Administrative Code, Rule 62-528, and provide a permitted means for concentrate disposal. This is necessary to operate the West Water Treatment Plant. FISCAL IMPACT: The cost of this Task Order is $26,086. 00. There will be a $10,000.00 administrative application fee for this permit to the FDEP for an anticipated total cost of $36,086. Funds are available in account #405-5000- 590-96.02. ALTERNATIVES: None - FDEP requires this permit to operate the West Water Treatment Plant. Department I~ea~ignatu~ d ~:ty Mmlager' ~ Signature Xc: Utilities Department Name Bob Kenyon Dave Ailstock Barb Conboy Dale Sugerman City Attorney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AN-D CITY CLERK TO EXECUTE TASK ORDER NO. 7 BETWEEN THE CITY OF BOYNTON BEACH AND CH2M HILL IN THE AMOUNT OF $26,086.00 FOR THE P~PATION OF AN OPERATING PERMIT RENEWAL APPLICATION WITH SUPPORTING DOCUMENTATION FOR THE DEEP INJECTION DISPOSAL WELL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida department of Environmental Protection (FDEP) regulates deep injection wells; and WHEREAS, FDEP requires operating permits for these wells, which permits have a duration of five (5) years; and WHEREAS, the City permit on this project will be expiring on September 30, 2001, and the renewal application must be filed 60 days prior to expiration; NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to approve and execute Task Order No. 7 CH2M Hill in the amount of $26,086.00, for preparation of an operating permit renewal application with supporting documentation for the Deep Injection Disposal Well. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ATTEST: City Clerk (Corporate Seal) ca'u-eao~agreem~s\Conaultant - Ta~k Ord~ 7 - CH2Mhil1051901 day of June, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Task Order No. 7 May 1, 2001 Engineering Services for Obtaining an Operating Permit for the Deep Injection Well Under the General Agreement for Professional Services between CH2M HILL and the City of Boynton Beach A. Background The City of Boynton Beach owns and operates Injection Well IW-1 to dispose of membrane softening reject fluid from the City of Boynton Beach West Water Treatment Plant (WTP). The injection well was constructed in 1992 and placed into operation in 1993. The injection well is a tubing and packer design, as required by Rule 62-528, Florida Administrative Code (FAC), with a 16-inch outside diameter steel casing to a depth of 2,780 feet below pad level (bpi) and a 13-3/8-inch outside dLa~eter steel tubing to a depth of 2,720 feet bpl. The well is completed with open-hole construction to a depth of 3,312 feet bpi. The Florida Depax-hxtent of Environmental Protection (FDEP) regulates injection wells via the Underground Injection Control (UIC) program. FDEP requires that an injection well operator obtain a deep injection well operating permit to allow operation of the injection well facility. Operating permits have a duration of five years prior to expiration. The City's current injection well operating permit expires on September 30, 2001. One of the conditions of the current operating permit is that the City is required to submit an application for renewal of the operating permit a minimum of 60 prior to the expiration date of the permit. The CITY has requested CH2M HILL to provide services to prepare an operating permit renewal application and to provide supporting information to the permit application in order to renew the operating permit. B. Scope of Services Task 1 - Operating Permit Services The following services will be provided by CH2M HILL: · Prepare and submit to FDEP an operating permit application with supporting information for the deep injection well facility, as required by FDEP. · Respond to up to two FDEP request for information (RFI) regarding the permit applications. · Attend up to two meeting with the City and FDEP to discuss concerns/comments/issues the FDEP may have regarding the operating permit application. · Review draft permit and provide comments to the City and FDEP. · Attend FDEP draft permit public notice meeting. · Review Notice of Intent to Issue an operating permit and provide comments to the City and FDEP for the permit. DR~011210028/SET2004.DOC 1 C. Assumptions The following assumptions were made for the preparation of this Task Order: · The City will provide a survey of the injection and monitor wells and have the surveyor provide proof that the survey has been recorded at the County Courthouse if required by the FDEP. The scope of services provided in this Task Order does not include the preparation of addenda and updates to existing reports such as the injection well system engineering report, mechanical integrity testing report, or operation and maintenance manual. The CITY will be responsible for all permitting fees. D. Obligations of the CiTY · The CITY shall provide to CH2M HILL, as required for the performance of services specified herein, record data and information related to the injection well system. E. Compensation Compensation by the CITY to CH2M HILL will be on a cost-reimbursable basis in accordance with Article 2.B of the Agreement. The estimated compensation for the services described in this Task Order is $26,086 as described in the table below: Injection Well Operating Permitting Services City of Boynton Beach Labor Person-Hours Labor Cost Expense Cost Grand Total Task I - Permitting Services 218 $24,258 $1,828 $26,086 Total 218 $24~258 $1~828 $26~086 G. SchedUle The permit application will be submitted to FDEP within 45 days of the execution of this Agreement. Responses to request for information will be prepared within 30 days of reCeipt of the request for information. APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Mayor Gerald Broening Dated this day of ,2001. SUBMITTED BY: CH2M HILL, INC. Thomas 1~ McCormick, P.G. Vice President, Area Manager Dated this ~ day of ~ ,2001. OFSK)11210028/SET2004.DOC ~ROM : CITr OF BOYNTON BCH UTILITIES FAX NO. : 56i7~26298 V-CONSENT AGENDA TTEM C.5 CITY OF BOYNTON BEACt AGENDA ITEM REQUEST ~ Find Form Mmtb~ Yur~.d M~y 2, 2001 (5:00 p,m.) June 6, ~-OOl (5:00P,m.) June 20, 2001 NATUI~ OF AGENDA FFEM [] Admmisl~tive ~ Development Plans [] Coltsem Al~n~ ~ N~ Busin~ ~ aid; ~ Unfinbh~ Bm~ RECOMMENDATION: Mo~lon to approve reduction ia surety r~quirement for the proJec: known at L~ter PUD I'M~ l(~.La. Cascad: Lek~), t~om ~$~,400 dawn ~o EXPLANATION: The surety wai pla;ed as a parant~ that the ix)liMe water and ~aailary sewer syaWp~ wrvtng the proj~t would be mtafac~orily completed. All work mt lbr~e ~yatema has been completed. Tke remaining surety will be hold for tho balang~ of the (mu-year warranty period, bt the form of either aa amendment to the original letter of erzdit, or ~,sh surety. PROGRAM IMPACT: Nole FISCAL IMPACT; None ALTERNAT~ode ilks,ss reducllon UT~ITIES Dqmr~ml Name City At~m'My / Finance / Human Resourcos XC: Po~r Maxilla (w/amwhmauO Skip F~nmto~ Depc " City A#omoy " Fllo ,~t~tJLL~TI~RMSXAOENDA ITF. M R~OLTEST FOIUH,i~]C RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A REDUCTION IN THE LETTER OF CREDIT ISSUED BY BANK ATLANTIC (NO. BA-409) FOR THE PROJECT Iz.,aNOWN AS LESTER P.U.D. PLAT 1, (A/K/A CASCADE LAKES) FROM $566,400 TO $28,300; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer of this parcel previously submitted a Letter of Credit in the mount of $566,400.00 as surety to guarantee completion of potable water and sanitary sewer systems serving this site; and WHEREAS, all work has been completed for the systems and Developer has requested that the surety requirement be reduced to $28,300; and WHEREAS, a final inspection has been conducted on this project and the system appears to be functioning properly without any defects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, based upon the recommendation of staff, hereby approves a reduction of a Letter of Credit (No. BA-409), issued by Bank Atlantic for Cascades Lakes Ltd., (Lester PUD) from $566,400 to $28,300. Section 2. That this Resolution shall become effective irranediately upon PASSED AND ADOPTED this __ day of June, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) s/cab'es\letters of Credifl- Red. Cascade Lakes (LesterPUD)-Plat 2 051901 V-CONSENT AGENDA ITEM C.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] March20,2001 [] April 3, 2001 [] April 17,2001 [] May 1,2001 NATURE OF AGENDA ITEM Date Final Form Must be Tumed in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Date Final Form Must be Meeting Dates in to City Clerk's Offiqe~ [] May 15,2001 May2,2001 (5:00p.m.) [] June 5, 200l May 16, 2001 (5:00 p.m.) :[] June 19, 2001 June 6, 2001 (5:00 p.m.) [] July 3, 2001 June 20, 2001 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the June 5, 2001 City Commission Agenda under Consent. Staff recommends that the attached PCS site agreement with Sprint Spectrum L.P. be approved, subject to all condions and provisions as indicated in the agreement, including the processing and approval of a conditional use application for the proposed telecommunications tower at the City's Hester Park. Staff also recommends that the approval be subject to the ultimate inserting of the survey of the lease property into exhibit "A-1", and revising paragraph #5 of the lease agreement to change "rent" to "occupy" in the fourth line, and omit "from owner" within that same sentence. There was not sufficient time to make the subject changes prior to this agenda deadline. EXPLANATION: The subject lease is with Sprint Spectrum L.P. and to allow them to erect a 144-foot mono pole cell tower, related ground equipment, landscaping, perimeter fence and gate on a 30' x 60' portion of land along the west side of the Hester Park, between ball fields. The tenant will also pay for the extension of irrigation lines to the site, and for water use. The landscaping will be designed during the conditional use process, at which time staff will consider the possibility of recommending xeriscape materials and design principles to meet both screening and water conservation objectives. A paved access path will also be provided by Sprint Spectrum, which will connect the lease parcel with the entrance gate leading to the parking lot and park entrance. The lease will be for a total of five (5), five-year lease periods for which the leasee will pay the city $110,000 in advance for the first lease period, which is equal to $22,000 per year. Lease payments for subsequent lease periods will be paid by the anniversary date and will increase by the greatest of 15% or that represented by the Consumers Price Index. The tower is to be designed to support three (3) carriers, including the equipment of Sprint Spectrum. All co- locations will be subject to individually negotiated, City lease agreements including separate lease rates. PROGRAM IMPACT: N/A FISCAL IMPACT: The lease will generate a revenue of $110,000 for the first five (5) year term. ALTERNATIVE '~ Reject the lease or propose to modify the l~ovisions/clauses therein. ~lDi~e~tot~ I~v~l'~p~e~ --~' eity-~vlanager's Signature Director of Planning anclt~oning City Attorney /~inance / Human Resources \\CHWIAIN~SHRDATAXPlanning\SHARED\WP\PROJECTS\Sprint Tower at Hester Park'~genda Request Form-Lease-6-5-01 .doc.dot RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND SPRINT SPECTRUM L.P., PERMITTING THE LOCATION OF A 144-FOOT MONO POLE CELL TOWER AT HESTER PARK (1901 SEACREST BOULEVARD); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to execute a Lease Agreement between the City of Boynton Beach and Sprint Spectrum L. P., and permitting the location of a 144-foot Monopole located at Hester Park (1901 Seacrest Blvd.); and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does authorize and direct the Mayor and City Clerk to execute a Lease Agreement ~etween the City of Boynton Beach and Sprint Spectrum, L.P., subject to all conditions · ' as indicated in the Agreement, including the proCessing and approval of a conditional use application for the proposed telecommunications tower at the City's Park. Section 2. >assage. PASSED AND ADOPTED this That this Resolution shall become effective immediately upon day of Jtme, 2001. CITY OF BOYNTON BEACH, FLORIDA ATTEST: City Clerk (Corporate Seal) s:ca~Re~Sprint Spectrum 052201 Mayor Vice Mayor Commissioner Commissioner Commissioner 561 65~ ~397 PCS SITE AGREEMENT Site Name BOYNTON BEAGH--.(HESTER P~J~K B&LL FIELD1 Addm~s; 150t Seaore~t Blvd.. Boynton Bew=h, Ft. ~t425 April 99 Site I. O. MI 64XC055 1. Premi~ end U~o. Owns-, CITY OF BOYNTON BEACH, ~ to S~ $~ LP.. a d~lb~ ~: ~ ~d ~ of I~ro~ 30' ~' s~e f~ u~n w~¢h S$~ ~1 ~l~ ~ ~Oi~t b~ a~ ~d an~ ~; ~ S~ r~dr~ ~ ~ ~s ~ ~ct PCS ~P~t ~d ~i~ s~t ~ r~ ~n the ~m wiffi ~ ~er ~ ~~ m ~DuiJt d~ln~), to~her r~able ~ ~m~ and to ~ ~ate, in ~ O[~ of S$~, ~r~ ~ ~e~c ~1~ ('~'), i~, ~ I~n, a ~, ~a ~, ~ ~, ~K-~ ~wer ~ (indUing g~em;m ~ fun executed ~ ~n[ ~ ~g~m~t ~1 be au~a~liy ~w~ f~ f~r addi~n; ~s (~ch a ~e~af T~"I of 5 v~m e~ ~nle~ SS~ ~ ~r n~ ~n~n~ ~ to mn~ ~ ms ~ ~ ~ p~ to U~e ~ir~n of ~ l~xial Te~ or ~. ~n~t ~e~, ' 3, R~t. ~n ~ of ~ls ~t ~mi~er f~ ~ ~ ~e "~me~ Date"), 5SLP will ~y ~er a o~ a~r~a~ S$L~ ~hag p~ ~ tM rant d EiOA ~ndmd ~ T~' $k ~ ($~6,~) m s ~,~ fee ~e ~ ~ pr~id~ im~soq ~ t~ ~s~ m ~ i~d W SSLP ~ r~u~ea by a~ ~e~fopm~t ~m ~suea f~ The $~. On ~e da~ ~t In ~e am~t of O~ H~ndr~ ~ Ten ~ ~ ($1! 0,~0.~ U~ ~e ~t~ of ~ ~ ~ (5) ~ar t~, rant will ~ ~ in ~n~ ~ ~ s~ five (5) ~r ~1 m~. O~~ 0~, ~ ~ em~unt ~ m ~ ~ of ef~r: (a) mi a~unt ~ t~ r~ payab~ dud~ ~ pm~dl~ fl~ (5) ~ t~ in~ ~ fl~ ~ (1~) p~ five (6) ve~ ~, ~ ~J ~ peri.ge ~e In ~ CPi ~encing m~ ~nor ~ ~e ~~ D~ ~ e~ ~ ~e !~ day of ~ m~h whi~ ~ ~nt ~ (~ y~ ~. ~PI' ~ the ~u~ Pd~ I~.U.S. Ci~ A~ for U~ ~-e.t ~ ~e ~ ~ ~ ~e (5) ~ ~Jc i~t ~ ~ ~e under ~s ~e~, i~l~nt ~ ~e pre~dmg fi~ (6) ~ of ~e SM ~r~t ~ ImOal T~ a~ ~ ~ Tern ~ ~ ~ 8~ la ~ ~ defa~ ~ ~e ~ ~ ~y c~ ~dod; ~ (e) ~t ~r ~1 ~t ~ ~u~ ~ ~ ~ $~ ~ ~ ~ ~ a~ g~ I~ ~fl ~er ~ ~ ~ ~ ~~l~l ~i~ us~, ~M~ ~ ~ 6$LP ~ the ~ ~ ~~~ ~li~ u~l) ~ ~o Off ~emig~ e~. ~ ~ SS~ ~ ~ ~ ~ ~ ~t PCS ~ ~, I~7 ~ R~, [m~~ a~ w., r~ ~ 8M ~ su~a~y ~ ~on e~ ~ ~ ~~ O~e, 8. ~mpl~ ~ ~. ~ ~ ~ ~,s ~ (1~ the Site), ~ ~n S~a ~ ~ ~ a sub ~ fm ~ u~ e~ ~.y I~n m~d~ ~ ~ or ~. T~in~ea. SS~ ~y ~ ~ls ~ et any ~me ~ n~ ~ ~ w~ ~ lia~ if ~ d~ ~t ~ln all ~ or ~ ,~-~o-~l ~ ~5 $~1 659 system, ~ if ~y ~ ~ i~ ~n~, e~m, ~ i~ ~d~ o? ~d. ~ ~ ~ f~i~ to h~ve ~ ~io ~ ~e ~ ~ ~ to or s~ ~n~ ~s a ~t oi ~s 0~lt. ~ ~ u~ s~ [~in~.~ c~ ~ Owne(s fagu~ ~ ~ ~2, O~auR. ff ~ ~ Is i~ de~ult und=r ~ ~en~ f~ a ~ of (a) 15 days f~J~ng r~pt ~ ~ from ~ r~ct to · d~t ~ mey ~ ~ ~leb ~ ~ ~mt ~ mo~y, ~ (b) 30 days fol~n0 ~ of n~ ~m ~ reo~ ~ a defeult ~ m~ n~ ~ ~r~ ~ ~ the ~ ~ ~, t~, in ei[~ ~[, ~ no~ng p~ ~y ~e ~ mm~i~ default ~y not ~N ~ c~ ~ a ~ p~. ~ ~nt ~y n~ ~ to~in~t~ tf the defeol~ ~ ~~ t ~. In~nl~. ~ a~ ~LP ~ i~ ~ o~ ~eln~ ~ ~ds ~e offier ~rmie~ ~ any ~ ~1 ~ ~at is ide~ as ~ous, ~c or d~ 1~ e~y ~pl~e f~, s~ m ~ ~ ~ m~eti~, ~SLP ~ not i~u~ or ~ a~ such 15. T~. SSLP ~ ~ m~ible ~ ~v~ of all ;ereon~ ~ ~x~ ~ dimly u~n ~ a~l~ S01~y oy SBLP w~in e0 da~ afl~ re.pt of ~ aoc~n~U~ Inditing ~{~l~n ~ $$~'~ s~e ~ su~ r~ es~ ~ and ~t re~ es~ t~ ~ ~er. ~ner ~11 pey ~ due a~ other r~l e.~e t~ a~ ~n~ a~,Du~ ~ the ~m~ of ~ of which ~ Site i5 a ~ 18. Insu~nce. 5~ p~Jm o~ m~n c~o~ ~ml ~i~ ~e~nce, ~ llmit~ ~not i~s ~ ~1,~,0~ ~m~d ~le fimH ~r ~ ~ ~e~ ~y e~er ~ r~ ~ ~ t~ c~age ~d ~ o~ of 8~ u~lr this A~e~ eT. ~ln~. S~ ~B =e r~n~lUe ~, ~ng ~ ,~ ~ p~ ~m ~ any o~r im~m~ ~a~ ~ SS~ ~ ~ 8~ in a pr~ ~ and ~ a~ ~fl~, ;n~udi~ maim~ ~ the SIc t~ m~ ~ mqu~ due b ~ ~e of vms: ~d~, ~e~e~ ~ ~ su~ m~ir ~ ~n~ ~ ~i~ due to ~ ~ ~ ~m., ~ ~lt~ ~ em~oy~. ~m ~ ~a~e ~ i~ by 8:]~ ~ m~e ~ ~ ~ ~ ~ ~ ~c~ ~ i~i~N ~ ~mto, ~m wU] ~ and m~air al ~er po~ ~ ~e ~e~ Of ~i~ the S~e i~ a ~ ~ a ~r o~ ~d rea~ ~ ~O~. ~r~mlnt Is .l~aBd m ~~e w~ r~pe~ ~ afly ~, ~ ~ of ~le ~nt or ~ ap~n ~ am ~ W p~ ~er ~. Non~lndlng U~ Fully ~a~. ~ ~ is ~ ~mon ~ ~ly and d~ nm ~nsfi~m a f~l ~r ~ folio E~lb~ am at~.ed to ~ m~de a ~ ~; A~e~; ~hibl~ A4 ~M De;c~pflon), A~ (~n~ GE~G~ & MILLER). a~ B (~m~m ~ ~). OWNER: CI~ OF BOYNTON By: ~: ~YOR ' 8.8~ N~: S~ ~it A1 ~ ~~ ~ ~ ~r~ $$LP. smim 81motnJm L.P. a Delaware limited perlm..mhip By'. , Site OeacnlYdon and Exhibit B. MemoramJum of PCB Site Agreement ~QY-16-~001 11:14 ~jt~ Acldreu: 190] Semcr~st BI~cL~ Boynten Beucl~ FL 33d25 561-659-4020 EXHIBITA PCS~ite Agreement 561 659 5J99 P. 05/0~ Site Description Site ~ituatecl in :he City of 8~:;ynto.~ Beech. County of Palm Beech, State of Florida, commonly described as follows: Legal Desarlpllon: Sketch of Site: Owner Initials SSLP Irdl~ls limo: Owr4~ and SSI,P may, at SSt. P's olxion, replace ~$ Exifi~ MtA an exhibit soffing forlh the legal desm;)tfon of tho property on which the located ami/or an as4;qJilt drawing depicting ~he Si~. *[USo ~ EXhil~t A for PCS 5ire Agreeme~, Memorandum of PC5 5ih Agreement, Ol~On Agmemeflt m~l Memorandum of Th~s instrument prepared by: Karen E. Roseili KAREN E. ROSELLI PA. 222 Lakeview Avenue, Suite 260 West Palm Beach, FL 33401 Return this instrument to: Karen IE. Roselli KAREN E RESELL! P,A, 222 Lakeview Avenue, Sui'~ 260 West Palm Beech, FL 334(]1 KGMH&R 561-~59-~02~ P.06/07 Do not write above this line - this space reserved for recording purposes EXHIBIT B $~te NareS; l~oylJton l~e~h (Hester Perk Bull Fidd) P~$ Site Agreement ~ite Add~eSs: 1901 ~eaeres! ~[lYd., Bo~nton Bench, ~L 3342S Memorandum of PCS Site Agreement Site ID: MI54XCOg3 This memorandum evlde.~c;~s that a lease was made and entered into by written PCS Site Agreement c~ate0 betweefl THE CiTY OF BOYNTON I~EACH ("Owner") ~..f~d Sprint Spe~rum L,P., a Delaware imited partnership ("$$LP'). ,2001. Suc~ Agreement provicles in puff that Owner ~eases to SSLP a certain site ('Site") located at 1901 Seacmst Blvd., Boynton Beach, FL 33425, City of Boyr~n Be. ach: County o~ Palm Beach, State of Florida, within the property of Owner which is described in Exhibit A attached hereto, with grant ol easemenl for unrestricted rights of access tllerato and to electric and t~lep,~one facilities for a term of five (5) years commencing on ,2001, which term is subject to four (4) additional five (S) yea~ extension periods by SSLP. WITNESS WHEREOF, the parties have executed this Memoraodum as of [he day end year first above wdtten. "OWNER" "SSLP" CITY OF BOYNTON BEACH, FLORIDA Sprint Spectrum L,P., a Delaware limited partnership By: By: Name: Name: Title: MAYOR Title: Address: P.O. Box 310, Boynton Beach. FL 33425-0310 Address: 1357 Hembree Road, Suite 100, Ro,~well, GA 30076 W~b~or, Ses as to Owner: Witnesses as to SSLP: Printed N~rr~: P~nted Name:, Printed Name: Printed Name: Aitach Ext~ibit A .. SRe Oescrtl)~on MA¥-16-2001 OW~R NOTARY STATE OF FLORIDA COUNTY OF PALM BEACH I<ISDIH~R 5~SI-65~-4020 ~.07×07 The foregoing instrument was acknowledged before me this ,, day of [] by ..... [~ by , as of , a Floricla municipal corporation, on beha!f of We municipal Corporation, (AFFIX NOTAP, IAL SEAL) (OFFICIAL NOTARY $1GNATUI:{E) NOTARY PUBLIP.,--$TATE OF ,2001, My co~,mi~s,ioll (PRINTED, TYPED OR STAMPED NAME Of NOTARY), COMMISSION NUMBER: $$LP NOTARY 5LOCK: STATE OF COUNTY OF The foregoing Instrument wa~ acknowle(19ed before me this day of ,2001, by of Sprint Spectrum LP., a Oela,~"are limited partnership, who executed the f~regoing instrument on behalf of such eorporation. (AFFIX NOTARIAL SEAL) (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC.,~TATE OF My commission expl~es~ (PRINTED, TYPED OR STAMPED NAME OF NOTARY) TOTAL P.O? EXHIBIT A. 1. EXHIBIT il :: I! I!,,,. :,-:,l. ,.. , I ,,il , ,, i, I~,i ill I., ,,:..,, ,. ,. ,,, :! [,- ,[ ,,, , : I[ i~ :I', 4: ,I [I I~,, ~,l ' - , ' ' J.,~: ,,..,,.,, ~i, !:~,: :, i,: ~,:,: ,,: i,, ,, ::,:, J,.,,,:: ~¢..:: ,.: ~l,.: :, :, ,, ,, t "i:l 'tll ~ ,!i i [[ lil,:l I I -:: . :.,, I~ Ii, ,l I ,: :! i : -:[ I, ~t iii i, .[ Il · t -111, :,_ Il l 'l Requested City Commission Meetin~ Dates [] March20, 200l [] April 3, 2001 [] April 17,2001 [] May 1,2001 V-CONSENT AGENDA CITY OF BOYNTON BEACH ITEH C.7. AGENDA ITEM REQUEST FO[x.._ Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meetin~ Dates [] May 15, 2001 [] June 5, 2001 [] June 19,2001 [] July 3,2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve Department of Community Affairs grant award contract. EXPLANATION: This contract is necessary to receive the DCA Emergency Management Preparedness and Assistance Grant award for the purchase of a Reverse 9-1-1 system. The grant is in the amount of $46,000.00 and will provide 100% funding for the purchase of this system. A reverse 9-1-1 system provides a computer system that can dial selected phone numbers to provide emergency information to our citizens. An example of such an emergency would be the need to notify residents east of US 1 to begin evacuating prior to a hurricane landfall. The computer would automatically dial only those telephone numbers east of US 1. A recorded message would provide critical evacuation notices and information to those citizens. PROGRAM IMPACT: Critical emergency information will now be available to greater numbers of citizens and visitors. FISCAL IMPACT: None ( ~ Del~artment Head s Signature ' ~'~t~ l~l~th~tger's gig-nature Fire Rescue Department Department Name City Attorney / Finance / Human Resources S:XBULLETIN'~FORMS'~A. GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. RO 01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE DEPARTMENT OF COMMUNITY AFFAIRS EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT IN THE AMOUNT OF $46,000, PROVIDING FOR THE PURCHASE OF A REVERSE 9-1-1 SYSTEM; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AWARD; .AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Department of Community Affairs (DCA) is authorized to disburse funds for emergency management grants to eligible recipients; and WHEREAS, the City of Boynton Beach has been awarded funds in the ~mount of $46,000 by the DCA after completion of the competitive awards process; ~nd WHEREAS, the City Commission recognizes that these funds can and will used to purchase a Reverse 9-1-1 system, which will provide a computer system that can dial selected phone numbers to provide emergency information to our citizens; 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 hereby ,uthorizes and directs the Mayor and City Clerk to accept and execute the Grant the Department of Community Affairs in the amount of $46,000, a copy of which agreement is attached hereto as Exhibit "A." Section 2. This Resolution shall become effective immediately upon PASSED AND ADOPTED this day of June, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk s:ca~'eso~agreements~grants~bbfd - DCA Reverse 911-052201 DEPARTMENT JEB BUSH Governor STATE OF FLORIDA OF COMMUNITY 'Dedicated to making Florida a better place to call home" AFFAIRS STEVEN M. SEIBERT Secretmy Mayor Gerald Broening City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 May 8, 2001 Dear Mayor Broening: The Department of Community Affairs is pleased to forward to you an agreement for your recently awarded competitive grant funded from the Emergency Management Preparedness and Assistance Trust Fund. Enclosed are an original and three (3) copies to be executed by the proper official for an amOunt not to exceed $46,000. Twenty five (25) percent of the award may be advanced. Please indicate on Attachment F, Funding/Consideration, section C., 1 or 2, whether or not an advance payment will be requested. All such requests must be accompanied by a detailed justification as to the need for advancing the funds. Payment of reimbursable expenditures may be requested thereafter, at the end of each quarter. After your review, please have the appropriate official sign and return all four documents to this Department within thirty (30) days of the date of this letter for final execution. A fully executed copy will be returned for your records. Congratulations on your award; we look forward to working with you on this program which was specifically designed to further emergency management capabilities in the State of Florida. If you have any questions, please contact me (850) 413-9894 or Sonya Odom at (850) 413-9939. Sincerely, Edgar W. ~onesh, Manager Emergency Management Preparedness and Assistance Cu~ants Program EWG/so Enclosures 2555 S. HUMARD OAK BOULEVARD eTALLAHASSEE, FLORIDA 32399o2100 Phone: (850) 488-8466/5uncom 278°8466 FAX: (850) 921-0781/Suncom 291-0781 Internet address: http://www.dca.state.fl.us CRITICAl. STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas HiRhway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Manlliton, FL 33050-2227 Taliahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (305) 289-2402 (850) 4882356 (850) 413-9969 (850) 488..7956 Agreement Number: 02CP-04-10-60-02-203 STATE FUNDED GRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and the City of Boynton Beach, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the Department is authorized, pursuant to Section 252.373, Florida Statutes, and Rule Chapter 9G-19, Florida Administrative Code, to disburse funds for emergency management grants to eligible recipients; and WHEREAS, the Recipient has been awarded funds under the above-referenced authorities after completion of the competitive awards process; and WHEREAS, Recipient agrees to comply with all the requirements applicable to said award, as supplemented by the terms andconditions in this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: l_ SCOPE OF-WORK AND FUNDING The Recipient shall undertake and fully perform the scope of work identified in its application for the competitive grant award, in accordance with the Scope of Work included as Attachment A of this Agreement. Funding up to $46,000 shall be provided on a reimbursement basis, in accordance with the budget to be submitted by Recipient pursuant to the requirement in Attachment A. For any advance payment, refer to Attachment F for additional terms and conditions. All terms and conditions set forth in Attachment F are incorporated as if set out fully herein.. H. INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including, but not limited to, those identified in Attachment B of this Agreement. HI. PERIOD OF AGREEMENT IV* This Agreement shall begin on July 1, 2001 and shall end June 30, 2002, unless terminated earlier in accordance with the provisions of Paragraphs VII. or IX. or XIV. of this Agreement. Final requests for reimbursement shall be submitted no later than thirty (30) days after the termination date of the Agreement. Any requests received after August 15, 2002, may, in the discretion of the Department, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile tranamission. MODIFICATION OF AGREEMENT; REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 MONITORING The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work are being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function, or activity set forth in Attachment A to this Agreement, and shall be reported in accordance with the reporting requirements of Attachment D. LIABILITY Except as otherwise provided in subparagraph (B) below, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this 2 Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible for its negligent acts or omissions or torfious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. NONCOMPLIANCE, DEFAULT, RElVIEDIES, AND TERMINATION ge If the Recipient fails to comply with any term applicable to an award under Rule Chapter 9G-19 F.A.C., or this Agreement, the Department may take one or more of the following actions, as indicated by the attendant circumstances: temporarily withhold cash payments, pending correction of the deficiency, or withhold the final 10 percent of the grant award until the final work product is completed, submitted and determined to be acceptable by the Department; 2. disallow all or part of the cost of the activity or action not in compliance; 3. suspend or terminate the award; .. disallow future participation in the program or funding provided under this rule chapter; 5. recover all funds provided under the current award. Be Costs of the Recipient resulting from obligations incurred by the Recipient during suspension or after termination of an award are not allowable unless the Department expressly authorizes them in the notice of suspension or termination, or subsequently authorizes them in writing. Other Recipient costs during suspension or after termination which are necessary and not reasonably avoidable may be allowable if: the costs result fi.om obligations which were properly incurred by the Recipient before the effective date of the suspension or termination, are not in anticipation of the suspension or termination, and, in the case of termination, are not cancelable, and , 3 Ce o the costs would be allowable if the award were not suspended or expired normally at the end of the period in which the termination occurs. Recipient of terminated grants shall remain obligated to provide all required closeom information. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the fight to exercise such remedies, and without becoming liable to make any further payment: If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous Agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the fmancial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; If the Recipient has failed to perform and complete in timely fashion' any of the services required under the Budget and Scope of Work attached hereto as Attachment A. Upon the happening of an Event of Default, then the Department may, at its option, upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mall, fast class mail, postage prepaid, by registered or certified mall-return receipt requested, to the address set forth in paragraph (10) herein; Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be tsken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the mount of costs incurred for any items determined to be ineligible; Exercise any other rights or remedies which may be otherwise available under law; The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. The Recipient shall return funds to the Department if found in non-compliance with laws, rules, regulations governing the use of the funds or this Agreement. This Agreement may be terminated by the written mutual consent of the parties. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. 5 VIII. NOTICE AND CONTACT Ali notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. The Department designates Edgar W. Gonesh, Manager, Emergency Management Preparedness and Assistance Program, Division of Emergency Management, as the Department's Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to him at the following address: Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 For the Recipiem, all communications, written or oral, relating to this Agreemem shall be directed to the following: Recipient's Contract Manager's Name and Address: In the event that different representatives are designated by either party after execmion of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in Paragraph VIII. A and B above. OTHER PROVISIONS The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient, in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. 6 De The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or nde, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict or unenfomeability, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: o are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; have not, within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11(g)2. of this certification; and have not within a three-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. No waiver by the Department of any fight or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the DeparUnent hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. More than one copy of this Agreement may be executed. Any copy with original signatures may be considered an original. AUDIT REQUIREMENTS Ae The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of Rinds under this Agreement. Bw These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. Co The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. In the event that the Recipient expends State awards (i.e., State of Florida financial assistance provided to Recipient to cany out a State project) from all state government sources ,qua! to or in ex, ess of $300,000 in total in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 216.3491, Florida Statutes and with applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. See Attachment G for further audit requirements. 8 XIo SUBCONTRACTS AND PROCUREMENT ge If the Recipient subcontracts any or all of the work required under this Agreement, the Recipient agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the Department. The Recipient agrees to include in the subcontract that the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontmctor's performance of work under this Agreement, to the extent allowed and required by law. See Attachment E for any additional terms and conditions pertaining to subcontracts. TERMS AND CONDITIONS The Agreement contains all the terms and conditions agreed upon by the parties. ATTACHMENTS A. All attachments to this Agreement are incorporated as if set out fully herein. BJ In the evem of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. STANDARD CONDITIONS The Recipient agrees to be bound by the following standard conditions: go The State of Florida's performance and obligation to pay under this Agreement is contingem upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes. Be If otherwise allowed under this Agreement, extension of an Agreement for contractual services shall be granted by a letter from the Department. This letter will state the new expiration date, and is to be signed by the Director of the Division of Emergency Management (or his designee)..The extension period is not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the Recipient. 9 All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061, Florida Statutes. The Department reserves the fight to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with the Agreement. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building.or a public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. STATE LOBBYING PROHIBITION No fUnds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state Department. LEGAL AUTHORIZATION Thc Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient l0 also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. XVII. EQUIPMENT AND PROPERTY MANAGEMENT If the Scope of Work contemplates the acquisition of equipment, then Recipient agrees to use said equipment for emergency management purposes only, and to properly maintain and repair said equipment. Recipient shall establish adequate maintenance procedures to keep the equipment in proper working condition. Recipient shall establish a control system to insure adequate safeguards to prevent loss, damage or theft of the equipment. Recipient shall promptly advise the Department of any loss, damage or theft affecting said equipment. Recipient shall make this equipment available to the Local Emergency Management Agency established pursuant to Section 252.38, Florida Statutes, and to the State of Florida, upon request, in the event said equipment is needed for emergency management purposes..Recipient shall not sell, lease, rent, lend, encumber or dispose of said equipment without the written permission of the Department. XVIII. COPYRIGHT, PATENT AND TRADEMARK mo If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all fights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby reserved to the State of Florida~ Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph B., have the right to all patents and copyrights which occur during performance of the Agreement. Recipient shall be granted a royalty-free n°nexclusive license to use patented or copyrighted material for research or educational purposes. XIX. PUBLICATIONS AND PUBLICITY Recipient shall, in publicizing, advertising, or describing the project, state: "Sponsored by the State of Florida, Division of Emergency Management." If the project is displayed or referenced in written material, the words "State of Florida, Division of Emergency Management" shall appear in the same size letters or type as the name of the Recipient. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. RECIPIENT: CITY OF BOYNTON BEACH BY: Name and Title: Date: Federal Employer I.D. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title: Joseph F. Myers. Director Date: 12 Attachment A SCOPE OF WORK The information and representations contained in the grant application submitted to the Department by the Recipient and evaluated pursuant to Rule Chapter 9G-19, Florida. Administrative Code, are hereby incorporated by reference into this Agreement. Within thirty days of the date of execution of this Agreement, Recipient will supply a document which includes an activities timeline, a list of deliverables, nnd n revised budget, for the approval of the Department. This document will address, with particularity and appropriate discussion, each task necessary to complete the project identified in Recipient's application for grant funding. The revised budget portion of this document must be consistent in format with the budget proposed in the original project application, it must not consist of new line item expenditures, but will indicate whether the cost of the line items detailed in the original budget have increased or decreased from the original information. Any proposed deviations from the original budget may not exceed 5% (increase or decrease) of the originally approved amounts in the expenditure categories affeCted. The total amount of grant money budgeted may not exceed the amount authorized in the Agreement. Failure to supply the above-referenced document, or disapproval of this document by the Department, will result in the denial of funding. If the Recipient succeeds in acquiring products or services for less than the budgeted amount, then it must notify the Department and request authorization to apply the unexpended funds to the project, identifying the proposed use for the unexpended funds. If the unexpended funds can be applied to enhance the project through acquisition of additional equipment or services which will provide the same benefit as the approved project, then the Department may approve the use of the unexpended funds. The Recipient will purchase the "Reverse 911" equipment and associated software as listed in the grant application. The purchasing process must be in accordance with County, State and if applicable, Federal purchasing requirements, rules and regulations. Ail wiring, cabling and interfacing of equipment to be purchased, whether purchased under this grant or an existing grant, will be in compliance with applicable building codes and good engineering practice. Ail connections to the public switched telephone network will be done after consultation with the local telephone service provider and in accordance with their requirements. Contractors performing work in accordance with the grant application will be properly licensed, bonded, certified and permitted in accordance with Federal, State, County and/or local requirement and all work performed will be done in a professional, workmanlike manner. All electrical and electronic equipment purchased using grant funds will be Underwriters Laboratory approved. The recipient will provide to the Division of Emergency Management the following, prior to or with the final progress report: 1) Standard Operating Procedures for the operation of the equipment and services obtained under the terms of this grant including but not limited to extent of use, responsible parties and procedUres for operating and using the system during routine and disaster conditions. 2) A training schedule for the operators of the equipment and system. 3) A list of the equipment purchased showing installed location, manufacturer name, model and serial numbers. 4) A diagram of the finished system, showing the "m-built" configuration. 5) .A list of all results of tests and acceptance trials of the equipment, a copy of the syllabus used for the training and the attendance lists by name and title of the applicant's staff or employees attending the training. A comprehensive test of the system will be held prior to the submission of the final progress report and request for payment. The test will include exercising the system to its capacity, testing the procedures and instructions for operation, defining the areas of coverage and the preparation of a test result, which shall be included in the final progress repom The Recipient will provide an in-kind match valued at $2,000 or 4% of the total project cost. (The bottom portion of this page intentionally lef~ blank.) 2. 3. 4. 5. Attachment B PROGRAM STATUTES AND REGULATIONS Chapter 252, Florida Statutes Rule Chapter 9G-I 9, Florida Administrative Code Chapter 287, Florida. Statutes Chapter 119, Florida .Statutes Chapter 60A-l, Florida Administrative Code (The bottom portion of this page intentionally left blank.) 15 Ao Ce Attachment C RECORD KEEPING All original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of termination of this Agreement or of submission of the final close-ont report, whichever is later, with the following exceptions: If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. Records for the disposition of non-expendable persOnal property valued at $1,000 or more at the time of acquisition shall be retained for three years after final disposition. Records relating to real property acquisition shall be retained for three years after closing of title. All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work, Attachment A, and all other applicable laws and regulations. The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" Shall include, but not be limited to, auditors retained by the Department. (The bottom portion of this page intentionally left blank.) Be Fe Attachment D REPORTS At a minimum, the Recipient shall provide the Department with quarterly Financial Report/Reimbursement Requests, quarterly Summary Project Progress Reports and final Close-out Reports. The Recipient shall utilize the report formats provided by the Department. Quarterly reports are due to be received by the Department no later than fifteen (15') days after the end of each quarter and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter and the report due dates are as follows: Quarter n~ Reports Due 1 September 30,2001 October 15, 2001 2 December 31, 2001 January 15, 2002 3 March 31, 2002 April 15, 2002 4 June 30, 2002 July 15, 2002 The final close-out report is due forty-five (45) days a~er termination of this Agreement or upon completion of the activities contained in this Agreement. Pursuant to nde 9G-19.010(7), the Recipient shall identify the applicable procurement rules, regulations and standards to be used in the first progress report to the Division following the notice.of award. If all required reports and copies prescribed above are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraphs VII.' and IX. The Department may take action for non-compliance consistent with Rule 9G-19.014, F.A.C. if reports are not timely received. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and applicable law, and is consistent with the Scope of Work, as determined by the Department in its sole discretion. Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be requested by the Department. The Department shall be permitted to inspect and monitor the records and facilities of funded projects and award recipients. Such inspections may occur without notice at any reasonable time, which shall be presumed to be normal business hours on Monday through Friday. Be Attachment E PROCUREMENT, SUBCONTRACTS AND SUBGRANTS Subcontracts entered into by a Recipient in connection with any portion of the proposed project shall contain all terms of the Recipient's Agreement with the Department. The Recipient shall send a copy of any subcontracts entered into in connection with implementing the proposed project to the Department within 30 days after their effective date. De Recipient shall not award subgrants using funds awarded pursuant to this rule chapter. Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement a proposed project. Wherever required by law or otherwise permitted, Recipient shall utilize competitive procurement practices. (The bottom portion of this page intentionally lef~ blank.) 18 Attachment F FUNDING/CONSIDERATION CJ This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $46,000 subject to the availability of funds. The amount of funds available pursuant to this rule chapter may be adjusted proponionaily when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. Funds received from the Emergency Management, Preparedness and Assistance Trust Fund may not be used to supplant existing funds. The Recipient shall establish a separate account code in an interest bearing account for tracking all deposits, expenditures and interest pertaining to an award. A separate account code shall be established for each award received. The interest earned on said account (s) shall be remitted promptly to the Department, but no later than ninety days after the completion of the Agreement. Any advance payment under this Agreement is subject to s. 216.181 (14), Florida .S..tatutes. Twenty=five (25) percent of an award may be advanced. Payment of reimbursable expenditures may be requested thereafter, at the end 'of each quarter. If an advance payment is requested, the budget data on which the request is based and a justification letter shall be submitted. The letter will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. The Recipient shall mark the appropriate place below indicating whether or not an advance payment is requested, if an advance payment is requested enter the amount of the request. 1. ~ No advance payment is requested; payment will be made solely on a reimbursement basis. 2. An advance payment of $ is requested; balance of payments will be made on a reimbursement basis. (Justification letter must be provided.) After the initial advance, if any, quarterly payments may be made for all reimbursable expenses incurred as of the end of each quarter. The Recipient agrees to expend funds in accordance with the Scope of Work, Attachment A of this Agreement. E Fe Recipient agrees to perform the project identified in said application utilizing the funds provided under this Agreement, supplemented by any funds represented in said application as matching funds. Recipient shall not expend more than five percent (5%) 0fthe total funds awarded for administrative expenses. "Administrative expenses" means the direct costs of staff managing the project and other direct costs for managing the prOject, as well as the applicant's indirect rote, if any, applied to those direct costs of management. The sum total of direct and indirect coStS identified shah not exceed five percent (5%) of the total funds awarded from the trust fund for the project. Funds disbursed to the Recipient by the Department that are not expended in implementing the project shall be returned to the Department, along with interest earned on the funds, within ninety (90) days of the expiration of the award Agreement. (The bottom portion of this page intentionally lef[ blank.) 2o Attachment G AUDIT REQUIREMENTS Ao Ce The Recipiem agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 'The ReciPient shall also provide the Department with the records, reports or. financial statemeirts upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. If the contract amount is $300,000 or more, then the Recipient shall also provide the Department with an annual financial audit report which meets the requirements of the Single Audit Act of 1984, 31 U.S.C. ss. 7501-7507, and OMB Circular A-133 for the purposes of anditingand monitoring the funds awarded under this Agreemem. The funding for this Agreement was received by the Department as a Contractual Services appropriation. The annual financial audit report shall include all management letters and the Recipient's response to all findings, inclUding corrective actions to be taken. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. The complete f'mancial audit report, including all items specified in Attachment G.D. I and 2 above, shall be sent directly to: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tailahassee, Florida 32399-2100 In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the 21 Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non- compliance. Fo H. The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the f'mal expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a pUblic accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit is due seven (7) months after the end of the fiscal year of Recipient or by the date the audit report is issued by the state Auditor General, whichever is later. 22 Requested City Commission Meeting Dates [] March 20, 2001 [] Ap~l 3,200l [] April 17, 2001 [] May 1,2001 V-CONSENT AGENDA ?TEM D.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5,2001 [] June 19, 2001 [] July3,2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report REcoMMENDATION: Please place this request on the June 5, 2001 City Commission Agenda under Consent Agenda. The Planning and Development Board recommended that the subject request be denied due to lack of hardship. For further details Pertaining to this request see attached Department of Development Memorandum No. 01-086. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Janet H. Boyce Variance N/A Janet H. Boyce 937 SW 34* Court (Lots g4 & #5, Block 2, Lake Eden Subdivision) Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5,B.2.a., to allow a 19-foot variance from the twenty- five (25) foot rear yard ~ setback required in the R-1-AAB zoning district resulting in a 6 feet rear yard setback, c~ ~--~ City Manager's Signature PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~i~t~r 6~ ~e~el~me~ Director of Plyx~ing and Zoning City Attorney / Finance / Human Resources S:~BULLETIN~ORMSL~GENDA ITEM REQUEST FORM.DOC EXHIBIT "C" Conditions of Approval Project name: Janet Boyce File number: ZNCV-01-007 (rear yard setback) Reference: Zoninl Code Variance Application dated March 28, 2001. DEPARTMENTS INCLUDEI REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: NONE X ADDITIONAL CITY COMMISSION CONDITIONS 1. To be determined. ;:\PLANNING\SHARED\WP',PROJECTS\JANET BOYCE VARIANCEACOND. OF APPR P&D REAR SETBACK. DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: JANET BOYCE VARIANCE APPLICANT'S AGENT: Janet Boyce APPLICANT'S ADDRESS: 937 SW 34th Court DATE OF CITY COMMISSION PUBLIC HEARING: June 5, 2001 TYPE OF RELIEF SOUGHT: Rear yard setback from property line LOCATION OF PROPERTY: 937 SW 34th Court 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 X HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. X DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\PLANNING\SHARED\WP~PROJECTS\JANET BOYCE VARIANCE',,DEVELOPMENT ORDER REAR SETBACK. DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #01-086 Staff Report for Planning and Development Board and City Commission Meeting Date: File No: LoCation: Owner: Project: Request: May 22,2001 ZNCV 01-007 Rear setback from property line 937 Sw 34th Court (Lots fi,-4 & 5, Block 2, Lake Eden Subdivision) Janet Boyce Tennis court cabana addition to a single-family house zoned R-1-AAB Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5,B.2.a., to allow a 19 foot reduction from the minimum of twenty five (25) foot rear setback resulting in a 6 feet rear yard setback. BACKGROUND The subject property and neighborhood are currently zoned R-1-AAB, single-family residential. The existing single-family home was built in 1972 on lot 4 of the Lake Eden Subdivision. The current owner acquired the property in 1998, and, in the following month, assembled it together with the adjacent vacant lot 5 to the east under a unity of title (see Exhibit "A" - location map). City records show that the property was the subject of several improvements and additions during the years of 1999 and 2000, resulting in an upscale home that includes a swimming pool and a tennis court, among other features. One new feature is an open, wood framed-structure with solid roof, located at six (6) feet from the rear property line. The cabana, as explained in the application, is to be used as a break area for those persons using the tennis court (see Exhibit "B" - Survey). The construction of the desired improvement (tennis court cabana) was started without securing the corresponding permits for the work, and consequently, the project was cited and construction halted. In ..response to the citation, the applicant has requested relief from the above-referenced code requirements to allow for the permitting of the project as it encroacheS into the required setbacks. The location of the cabana within the rear setback requires the subject variance. Staff surveyed the area and it was noted that a car was parked beneath the partially built structure. Also, staff received a letter from an unidentified neighbor of the subject property noting the same finding. Staff received a letter from the applicant confirming the use of the cabana associated with the tennis court. A letter of support signed by five (5) nearby residents has been received by staff, including the adjacent owner (to the north) and the property owner residing directly across the street (see Exhibit "A" - location map). Page 2 File No. ZNCV 01-007 ANALYSIS The code states that the zoning code variance can not be approved unless the board finds the following: That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The analysis of this request is focused on criteria "a'; "b", "c and "d"above, and contained in Exhibit "C". Despite the responses by the applicant, a variance is to be granted on the basis of a hardship, which is established by characteristics other than those created by the landowner, or previous owner(s)by various site improvements or alterations. The emphasis of criteria "a", "b' and "c", in order to justify a hardship, is on natural or unique limitations relative to other properties within the neighborhood. The variance should make more equitable the regulations when applied to the various properties within the area. Alternatively stated, in order to meet criterion "c", one should assume that the same structure proposed similarly on an adjacent property could be constructed without a variance. Although on the adjacent property the same location would only be subject to a side setback rather than a rear setback, the side setback would still preclude a structure from being placed within 6 feet from the side property line. Surely the subject request has been initiated by the actions of the applicant, which include the construction of a wood-framed cabana structure within the setback, rather than being a direct result of 'property characteristics. With respect to criterion "e", traditionally, variances are intended to prevent the total denial of reasonable use of a piece of property. If this were applicable to the subject case, then denial of the ability to build the tennis cabana would be construed as a denial of the reasonable use of the property. Staff does not concur with this position, but rather believes that the other existing improvements on the property, to include the home, two car garage, swimming pool, and tennis court represent "reasonable use" of a parcel zoned for single family homes. Furthermore, it should be noted that the granting of this variance would also be an acknowledgement that there exists no flexibility in either the structure size or location. However, although the site is generally built-out, there still exists space for both an alternative location and design that would require less of a variance or no variance at all. Although not in ideal proximity to the house, garage and tennis court, alternative locations could include to the west of the court or south of the garage, both of which are closer to the tennis court. However, the alternative locations may not allow the structure to simultaneously serve as a carport. Staff makes this statement due to the Page 3 File No. ZNCV 01-007 acknowledged difficulty in monitoring its use and preventing it from being used for anything other than a cabana. Variances have also been traditionally granted if they pass the "neighborhood test", or are determined to have no impact on the neighborhood or negative effect on the public. The subject request likely satisfies this criterion given that 1) the unpermitted structure would be separated from the adjacent property by a perimeter hedge that is approximately 8 feet high and blocks views to all but the narrowing point of the structure's hip roof; 2) the quality of the improvement which will proportionally match the value and appearance of the other existing structures on the property; and 3) the variance is supported by five (5) nearby residents including the property owner immediately opposite the subject structure. Furthermore, it should be noted that placement of the structure to the rear of the property presents it as nearly unnoticeable (as a non-conforming structure) from the adjacent right-of-way. It should also be noted that City records show that a total of seven (7) properties within the Lake Eden Subdivision have been the sites of approved variances since 1971. These variances have relieved various code requirements including three (3) of them for rear setbacks, three (3) for front setbacks, and two (2) for side setbacks (excluding variances related to fences). From the log of variances kept by the city, built characteristics, and the configurations of those subject lots (odd-shaped lots on cul-de-sacs), staff concludes that most of these variances were for the respective principle structures rather than for ancillary improvements. It is noteworthy that one of the side setback variances, approved in 1985, was for the subject property; however, the survey does not reflect deficient setbacks for the principal structure so staff could not confirm the focus of relief (see Exhibit "A"- location map). RECOMMENDATION Based on the analysis contained herein, which indicates the lack of hardship and the meeting of only one variance test (lack of negative impact on public), staff recommends that the subject request to allow a nineteen (19) foot reduction from the twenty-five (25) foot rear setback required by code, be denied. It should be stated that this analysis was not influenced by the current existence of the improvement, nor does it support or justify construction of any improvement without a permit, or exempt the property owner from any penalty applicable to construction activity conducted without proper permits. However, the following points should be considered should the City Commission choose to approve the subject request: 1- An eight foot or greater hedge surrounds the property minimizing visual exposure; 2- The structure location close to the rear property line, and the lack of enclosure, will keep it from being the focal point of visual attraction; '3- The matching of architectural features and quality to existing improvements; and 4- The support of adjacent property owners. MR/JA Attachments S:',Planning\SHARED\WP~PROJECTS'~Janet 8oyce Vadance~ZON-VAR STAFF REP setback.doc LOCATION .MAP Janet Boyce Property EXHIBIT "A" REAR · ~FENCE*& ~ :K PlU 0 !_ I~J I: ~.0 NOT IN ['; REAR 0 '0 1/8 40_0___'800 MILES~.:; EXHIBIT "B" EXHIBIT "C" Statement of special Conditions, hardships or reasons jnstifying the requested exception or variance. A. That special conditions and circumstances ex/st which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; Because of the situation of the tennis court on lot 4 of our property it is much more convenient to have a cabana placed closer to the tevn[q court than to the main house. Fo Co Eo That the special conditions and circumstances do not result fi.om the actions of the applicant; No special conditions or circumstances result fi.om our actions. No neighbors are inconvenienced or have to look at at eye store. On the contrary only 3 neighbors would be able to see the structure on a regular basis. That granting the variance requested will not confer on the applicant Special privlege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district; I believe that the granting of this variance will not confer any special treatment to me. It will be an added desirable feature to the property. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; I feel that because of the situation of the term{s court that this is an reasonable request, considering the alternative would be to tear up the entire tenni~ court and reconHrgure everything. Much too damaging to the present landscaping and needless to say very expensive. That the variance granted is the minirnum variance that will make possible the reasonable use of the land, building or structure; Yes, I believe the variance is making the best possible use of the land and it will blend in with the other structures az it will match exactly the separate garage and house. (Same tile roof and stucco finish and color.) That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance w//l not be injurious to the areas involved or otherwise detrimental to the public welfare. A.s I mentic ned in the above answer the cabana w/Il blend in perfectly, and will not in any way be injurious to any nearby plants, wires, etc. the floor w/ii be made fi:om pavers which will match the nearby sidewalk.between the house and the garage. EXHIBIT "D" Conditions of Approval Project name: Janet Boyce File number: ZNCV-01-007 (rear yard setback) Reference: Zonin~ Code Variance Application dated March 28, 2001. PUBLIC WORKS Comments: None UTII,ITIES Comments: None FIP,_E Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUll .DING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMF. NTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. To be determined ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. ;:\PLANNiNG\SHARED\WP\PROJECTS\JANET BOYCE VARIANCE~COND. OF APPR P&D REAR SETBAC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: JANET BOYCE VARIANCE APPLICANT'S AGENT: Janet Boyce APPLICANT'S ADDRESS: 937 SW 34th Court DATE OF CITY COMMISSION PUBLIC HEARING: June 5, 2001 TYPE OF RELIEF SOUGHT: Rear yard setback from property line LOCATION OF PROPERTY: 937 SW 34th Court DRAWING(S): SEE EXHIBIT "B' Aq-I'ACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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 "D" 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~JANET BOYCE VARIANCE~DEVELOPMENT ORDER REAR SETBACK.DOC Requested City Commission Meeting Dates [] March 20,2001 [] ^pril 3, 2001 [] April 17, 2001 [] Mayl,2001 NATURE OF AGENDA ITEM " :iV-CONSENT AGENDA CITY OF BOYNTON AGENDA ITEM REQUEST Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15,2001 [] June 5, 2001 [] June 19, 2001 [] July 3,2001 ITEM E. Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Age~l~la [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Purchase of 29 Model Year 2002 Club Cars as outlined on attached Quote dated April 18, 2001, to replace 29 Model Year 1996 Club Cars. At my request Club Car has submitted copies of recent purchase orders to other area golf courses. Our quotation of $2,998 per car and the $925 per car trade-in, is competitive and in line with our projected budget of $2,990 per car and $925 per car trade-in. We have added an embroidered logo on the club protector, which is the additional $8 charge per cart, and are in the middle of our changeover to burgundy carts from our old beige color. EXPLANATION: The replacement schedule for the motorized electric golf cart fleet, as approved for fiscal year '00/'01 projected replaCing 30 six year old 1996 Club Cars with 30 2002 model Club Cars. One car has already been replaced due to an accident, which was covered by our self-insurance fund. Club Car won the original bid for supplying us with golf cars in 1983 and their products over the past 17 years have given us extremely reliable service with no customer, or Staff, complaints. In fact, although we had originally anticipated trading cars every four years we have amended this schedule to every six years due to the reliability, durability, and trouble free service of these cars. The final factor in Club Car's favor is that the energy management system we installed 7 years ago, that cuts our charging energy costs by 70%, is a system endorsed by Club Car and neither voids any of their car warranties or any battery vendor warranties. PROGRAM IMPACT: Our strategy has continued to be partial fleet purchases to continually add in new cars to "freshen" our fleet periodically instead of all new, or all aging and old cars, with total fleet replacement. After this recommended purchase, for example, our fleet will consist of 30 2002 Club Cars, 15 2001 Club Cars, 30 2000 Club Cars, and 15 1997 Club Cars. FISCAL IMPACT: $60,117 from golf cart replacement reserve account g411-0000-248-42-00. ALTERNATIVES: The trade-in of the old fleet is necessary due to the age and current condition of those carts. We could go for bid with other g01f cart vendors. However, if another manufacturer submitted a lower bid we would create several problems. First, not all manufacturers offer the burgundy color we have chosen for our new identity. Second we might have to hire two separate golf car maintenance companies to maintain the different parts of the fleet. Third, and most troublesome, our customers might favor one type over another and ask for their preference each time they play. And fourth, safety becomes an issue with both internal and external customers who would now have to learn the operation of two different types of golf carts. Head's Signature Golf Course Department Name S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC ' L~ty Manager's Signature £ City Attorney / Finance / Human Resources The Links at Boynton Beach Boynton Beach, £1orida April 98, 200~ play to wl'n Club Car, Inc. 3375 All American Boulevard Orlando, Florida 32810 (407) 522-8001 1-800-821-1227 I (407) 522-7005 Fax TO: The Links at Boynton Beach 8020 Jog Road Boynton Beach, Florida 33437 ATTENTION: Mr. Joe Sciortino DATE: April 18, 2001 SALESPERSON: David Kelly 29 CLUB CAR 2002 Model Year 36 Volt golf cars equipped as follows: $2,998.00 $86,942.00 · Fully Automatic Charger (9' AC Cord) · Premium Tread Tires · Canopy Top · Color- Burgundy · Sweater Basket · Number Decals · Bagwell Liner · Sandbucket (2) · Rake Kit · Information Holder · Club Protector Rear Enclosure w/Club Logo Embroidery · Split Windshield · Accent Stripe · Hour Meter · Scuff Guards · Freight Trade-ins: (29) 1996 DS Electric Club Cars All trades must be in running condition with one operable charger per car. TOTAL FLEET COST <$26,825.00> $60,117.00 F.O.B.: The Links at Boynton Beach Delivery Date: September 2001 Terms: Net 30 Days Ingersoll'Rand The Links at Boynton Beach Boynton Beach, Florida April 18, 2001 WARRANTIES AND SPECIAL CONSIDERATIONS WARRANTY Club Car, Inc. warrants to The Links at Boynton Beach that its new 2002 DS Electric golf cars are free from defects in materials and workmanship subject to the terms and conditions contained in the attached Club Car Limited Lifetime Warranty. REPLACEMENT PARTS AND SERVICE Factory authorized replacement parts, service and warranty work is handled through Professional Golf Car Corporation, Club Car's factory authorized Dealer in Lake Worth. It is Club Car's objective that The Links at Boynton Beach's fleet will receive professional, timely and systematic service. Club Car offers technical training seminars for The Links at Boynton Beach's employees involved with golf car operations. These seminars are held at Club Car's manufacturing facility in Augusta, Georgia, and are conducted by professional educators. The Links at Boynton Beach's employees will learn preventive maintenance and repair procedures to enhance their fleet operations. They will also enjoy sharing ideas and experiences with golf club and resort personnel from all over the world. CLUB CAR® LIMITED LIFETIME WARRANTY FOR 2001 FLEET GOLF CARS 1. WARRANTY: CLUB CAR, INC., ('CLUB CAR") hereby warrants to the Original Retail Fleet Purchaser or Original Retail Fleet Lessee, as those terms are defined herein, and subject to the provisions, limitations and exclusions contained in this limited warranty, that its new 2001 Model DS golf car purchased from CLUB CAR or an authorized distributor or dealer for use in the United States, Canada, Mexico, Puerto Rico and the Caribbean shall be free from defects in material and workmanship under normal use and service as a golf car for the periods stated below, subject to the provisions, limitations, and exclusions contained in this limited warranty. LIMITED LIFETIME WARRANTY: The golf car frame (excluding the front and rear bumper mounts), rack and pinion steering gearbox unit and suspension system (defined as the shock absorbers, shock mounts, A-plates, leaf springs, shackles and associated hardware) are warranted for the lifetime of the vehicle with respect to parts and labor against defects in material and workmanship from the date of purchase while owned by the Original Retail Fleet Purchaser or in the possession of the Original Retail Fleet Lessee. LIMITED THREE YEAR WARRANTY: The gasoline engine, torque converter (drive and driven), unitized transaxle, starter generator, transaxle (electric vehicle) and electric motor are warranted for a period of three years with respect to parts and labor against defects in material and workmanship from the date of purchase while owned by the Original Retail Fleet Purchaser or in the possession of the Original Retail Fleet Lessee. LIMITED TWO YEAR WARRANTY: All remaining components of the golf car not specified otherwise, except options and accessories, are warranted for a period of two years with respect to parts and labor against defects in material and workmanship from the date of purchase while owned by the Original Retail Fleet Purchaser or in the possession of the Original Retail Fleet Lessee. LIMITED ONE YEAR WARRANTY: All original equipment options and accessories supplied by CLUB CAR are warranted with respect to parts and labor against defects in material and workmanship for a period of one year from the date of purchase while owned by the Original Retail Fleet Purchaser or in the possession of the Original Retail Fleet Lessee. This limited warranty covers material, workmanship and repair labor cost as to those items specifically listed above for the periods specified. Such repair labor shall be perl'ormed on y by CLUB CAR, its authorized distributors or dealers, or a service agency approved by CLUB CAR. IF THE WARRANTY REGISTRATION FORM IS NOT COMPLETED AND RETURNED TO CLUB CAR AT THE TIME OF THE ORIGINAL RETAIL SALE, PURCHASER MUST PROVIDE PROOF OF DATE OF PURCHASE WITH ANY WARRANTY CLAIM. 2. EXCLUSIONS: Excluded from any CLUB CAR warranty are all fuses, filters, decals (except safety decals), spark plugs, light bulbs, lubricants, trim pieces, seats, routine wear items such as the charger plug and receptacle, brake shoes, belts, brushes, bushings, engine mounts, mats and pads, maintenance adjustments, cosmetic deterioration, and items which deteriorate or fail due to exposure or ordinary wear and tear. Batteries, battery charger, onboard computer, and solid state speed controller are covered under separate CLUB CAR warranties. Also excluded from any CLUB CAR warranty is damage to a golf car or component resulting from a cause other than a defect including unreasonable or unintended strain or use, improper installation of accessories, installation of parts or accessories that are not original equipment, overloading, accident, alteration, abuse or neglect. Transportation expenses for warranty services are also excluded from this warranty. 3. VOIDING OF WARRANTY: THIS AND ANY OTHER WARRANTY SHALL BE VOID IF THE GOLF CAR IS ABUSED OR USED IN AN UNINTENDED MANNER OR SHOWS INDICATIONS THAT IT HAS BEEN ALTERED IN ANY WAY, INCLUDING, BUT NOT LIMITED TO, MODIFICATION OF THE SPEED GOVERNOR, BRAKING SYSTEM, STEERING, TRANSAXLE, OR OTHER OPERATING SYSTEMS OF THE CAR TO CAUSE IT TO PERFORM OUTSIDE CLUB CAR SPECIFICATIONS. THE WARRANTY IS LIKEWISE VOID IF THE CAR INVOLVED SHOWS INDICATIONS THAT REASONABLE OR NECESSARY MAINTENANCE AS OUTLINED IN THE OWNER'S MANUAL AND MAINTENANCE AND SERVICE MANUAL WAS NOT PERFORMED AT THE TIME AND IN THE MANNER SPECIFIED IN SUCH MANUALS. 4. SOLE REMEDY: CLUB CAR's liability under this limited warranty, or in any action whether based upon warranty, contract, negligence, strict product liability or otherwise, shall be the repair or replacement, at CLUB CAR's option, of the golf car or component thereof that CLUB CAR deems to be defective. Replacement shall mean furnishing, during the applicable limited warranty period, a new golf car or factory-reconditioned vehicle or component thereof which is identical or reasonably equivalent to the warranted product or component at no cost to the purchaser. Repair shall mean remedying a defect in the golf car or component thereof at no cost to the purchaser during the applicable limited warranty pedod. If CLUB CAR elects to repair the golf car, it may provide factory-reconditioned parts or components. All parts and components replaced under warranty shall become the property of CLUB CAR. 5. HOW TO MAKE A WARRANTY CLAIM: To make a warranty claim under this limited warranty, you must present the golf car or defective component to an authorized CLUB CAR distributor or dealer or send the defective component, freight prepaid, to WARRANTY SERVICES, CLUB CAR, INC., 4125 Washington Road, Evans, Georgia 30809, U.S.A., 706-863- 3000. 6. DEFINITIONS: For the purpose of this warranty, an Original Retail Fleet Purchaser is the original purchaser of the golf car who is in the business of owning or operating golf courses and who purchases such golf car for the purpose of renting it to golf players for use on such courses. An Odginal Retail Fleet Lessee is the first end- user of the golf car who is in the business of owning and operating golf courses and who leases .such golf car for the purpose of renting it to golf players for use on such golf courses. In the event the golf car is purchased or leased by any entity for the purpose of leasing it to an Original Retail Fleet Lessee, then this limited warranty shall extend only to the first Original Retail Fleet Lessee, and not to such entity or to any subsequent lessee of the golf car. 7. DISCLAIMER: THIS LIMITED WARRANTY IS EXCLUSIVE. CLUB CAR MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED THE OBLIGATIONS OR TIME LIMITS STATED IN THIS WARRANTY ARE HEREBY DISCLAIMED BY CLUB CAR AND EXCLUDED FROM THIS WARRANTY. THE PURCHASER AND CLUB CAR EXPRESSLY AGREE THAT THE SOLE REMEDY OF THE REPLACEMENT OR REPAIR OF THE DEFECTIVE GOLF CAR OR COMPONENT THEREOF IS THE SOLE REMEDY OF THE PURCHASER. CLUB CAR MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, AND NO REPRESENTATIVE, EMPLOYEE, DISTRIBUTOR OR DEALER OF CLUB CAR HAS THE AUTHORITY TO MAKE OR IMPLY ANY REPRESENTATION, PROMISE OR AGREEMENT WHICH IN ANY WAY VARIES THE TERMS OF THIS WARRANTY. 8. NO CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL CLUB CAR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS RELATED TO PROPERTY OTHER THAN THE GOLF CAR, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, OR ANY OTHER ECONOMIC LOSS. Some states allow neither limitation on the duration of an implied warranty nor exclusions or limitation of incidental or consequential damages. Therefore, the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. 9. INFORMATION: For further information contact WARRANTY SERVICES, CLUB CAR, INC., P.O. Box 204658, Augusta, Georgia 30917-4658, U.S.A., 706-863-3000. 10. WARNING: Any modification or alteration of any golf car beyond factory specifications, including those that affect the weight distribution, stability, or speed of the golf car, can cause serious personal injury or death. CCN 58650532 Rev 07/00 Club Car, Inc. 3375 All American Boulevard Orlando, Florida 32810 (407) 522-800t 1-800-821-1227 (407) 522-7005 Fax TO: St. Andrews Country Club 17557 Claridge Oval West Boca Raton, Florida 33463 ATTENTION: Mr. John Ferguson DATE: March 20, 2001 SALESPERSON: David Kelly PURCHASE QUOTATION 25 New CLUB CAR 2002 Model 36 volt golf ears equipped as follows: · Fully Automatic Charger · Premium Tread Tires · Canopy Top · Color - White · Sweater Basket · Number Decals · Bagwell Liner · Sandbucket Kit (2 per car) · Club Protector · Hinged Windshield · Scuff Guards · Club Logo · Rake Kit · Freight F.O.B.: St. Andrews Country Club Delivery Date: October 2001 Terms: Net 30 Days TOTAL COST Accepted By: Title: Date: $3,025.00 $75,625.00 $75,625.00 Club Car, Inc. 3375 All American Boulevard Orlando, Florida 32810 (407) 522-8001 1-800-821-1227 (407) 522-7005 Fax TO: ATTENTION: Boca Lago Country Club 7665 Juego Way Boca Raton, Florida 33433 Mr. Gene Paul Stifter DATE: February 27, 2001 SALESPERSON: David Kelly 25 CLUB CAR 2002 Model Year 36 Volt golf ears equipped as follows: $3,190.00 $79,750.00 Fully Automatic Charger Premium Tread Tires Canopy Top Color- White · Sweater Basket · Number Decals · Bagwell Liner · Sandbucket (2) · Rake Kit · Hinged Windshield or Front Enclosure · Club Protector Rear Enclosure (Black) · Fan (2 per car) · Scuff Guards · Freight Trade-ins: (25) 1994 DS Electric Club Cars All trades must be in running condition with one operable charger per car. <$16,250.00> F.O.B.: Boca Lago Country Club Delivery Date: October 2001 Terms: Net 30 Days Accepted By: Title: TOTAL FLEET COST $63,500.00 Club Car/~ac. Club Car, Inc. 3375 All American Boulevard Orlando, Florida 32810 (407) 522-8001 1-800-821-1227 (407) 522-7005 Fax TO: High Ridge Country Club 2400 Hypoluxo Road Lantana, Florida 33462 ATTENTION: Mr. Carlos Perez DATE: February 23, 2001 SALESPERSON: David Kelly PURCHASE QUOTATION 2O New CLUB CAR 36 voit golf cars equipped as follows: $3,500.00 $70,000.00 · Fully Automatic Charger Premium Tread Tires Canopy Top · Color- Beige · Sweater Basket · Number Decals · Bagwell Liner · Sandbucket (2) · Two Sided Enclosure w/Club Protector · Split Windshield · Fans (2) per car · Scuff Guards · Permanent Tow Assembly · Freight Trades (20) 1995 Club Cars F.O.B.: High Ridge Country Club Delivery Date: October 2001 Terms: Net 30 Days TOTAL COST Accepted By: Title: Date: <$16,500.00> $53,500.00 Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May l, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR3_ Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00p.m.) Requested City Commission Meetinit Dates [] May 15, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 V-CONSENT AGENDA ITEM F Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Admini.qtrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfini.qhedBnsiness [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Authorize payment to FEC Railway in the amount of $36,198.97 for upgrades to railroad crossing on East Ocean Avenue EXPLANATION: Improvements & upgrades were made by FEC Railroad for improvements made by FEC Railroad to their crossing on East Ocean Avenue. Any cost, for improvements made by FEC, are the responsibility of the City. PROGRAM IMPACT: Improvements needed as a part of the overall improvements made on Ocean Ave. FISCAL IMPACT: Funds for this expense were not budgeted as the cost were not known at budget time. Funds are being allocated from Local Option Gas Tax Reserves. ALTERNATIVES: None r~~gignature City Attorney / Finance / Human Resomces S:XBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC Form No 121 CITY OF BOYNTON BEACH DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 36.198.97 TO' Florida East Coast Railway Company P.O Box 1948 Jacksonville, FL 32201 FOR: Rebuild crossing on East Ocean Avenue Requested By: Approvals: Dept. Head Finance Dept. City Manager Diane Reese Date: May 17, 2001 FUND DEPT BASIC ELE OBJ AMOUNT 104 2512 541 63 23 36.198.97 36.198.97 FLOR/DA EAST COAST RAIL%VAY COMPA~NY ORIG~AL I~VOICE CITY OF 120 NE ~O'fNTO~: B"= FL 3343.=. Original Doc Nc CROSSING REBUILT /N C~5E OF ANY EXCE~ CONTACT .4CCOU?qi5 .~T~iv.~BL.~ FEZ ~WAY CO., ST. AUGuSRxS. 7~ P~O~: (8~0~ 3a2.~ 131 76T'271-k? 312+1~19~' 36,19~.97 -i :xWOICE Zi'?f OF--~OYbTfGN FO RECEIVE PROPER CREDIT LEASE DETACH THIS PORTION OF THE INVO!CE ~\'D M.~L :T WITH ¥O'UR C?rz_~CK 1'0: .iDA LkgT COAST ~%ZLNA¥ BOX 194S ACKSO~fiLLE, FL 3220' DA~ DI~ o4/23/o: [ ! Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 VI-CITY MANAGER'S REPORT ITEM A 'CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOt v Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5,2001 [] June 19,2001 [] July 3,2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative . [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] C. ity Manager's Report RECOMMENDATION: Staff recommends that the City Commission authorize the City's group insurance consultants, Group Insurance Solutions to commence negotiations with Blue Cross/Blue Shield and the other associated companies for fiscal year 2001-2002. EXPLANATION: Group Insurance Solutions has conducted a number of meetings with staff/city employees and based on these meetings, are recommending that negotiations commence with Blue Cross/Blue Shield and the City's other associated carriers. This process is necessary at this time for expediency in acquiring the best negotiated rates. At current we are looking at a 28.3% premium increase in medical insurance, and overall (Medical, Dental, Life & LTD) a 25.9% premium increase. It is prudent that negotiations commence at this point. Last year, due to our quick decision making, we were able to negotiate stop-loss coverage within our premiums. This saved the city a net premium savings of $551,806 (amount to date through March, 2001). PROGRAM IMPACT: It is essential that we decide as soon as possible which direction to proceed with our insurances, so we can negotiate the best program alternatives and benefit options. FISCAL IMPACT: None, consultants have already been approved by commission to represent the city. sgphiSticat~4~f~ our group and the expertise required. ~' / Department ~d's Sffgn[7 ...... Human Resources ALTERNATIVES: Negotiation with insurance providers to be done by staff. This is not feasible due to the size and City Manager's Signature S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF HUMAN RESOURCES MEMORANDUM NO. 01'024 TO: FROM: DATE: SUBJECT: KUrt Bressner, City Manager Arthur L. Lee, Director of Human Resources May 23, 2001 Agenda Item Request - Insurance Renewal Attached for your information and inspection is the completed Agenda Item Request Form regarding the insurance renewal issue. I have also attached some supporting documentation. Please advise of any changes or modifications you would like to see in this document. Cc: Wilfred Hawkins, Assistant City Manager CITY OF BOYNTON BEACH Current Annual Premiums vs Original 1011101 Renewal Offers Original ; Group I011101 Benefit Current Renewal Dollar Percentage Plan ~ Premiums Offers Chanae Chanqe Medical $4,104,257 $5,265,685 $1,161,428 28.3% Dental $ 336,909 $ 371,577 $ 34,668 10.3% Life $-101,503 $ 113,669 $ 12,166 12.0% LTD $ 112,017 $ 1121017 $ 0 0.0% Total $4,654,686 $5,862,948 $1,208,262 25.9% Note: Note: Note: .Note: Medical premium includes the pooling charge. Medical premium based on current enrollment. Dental premium based on the current enrollment. All rates and/or premiums as of Tuesday, May 15th. 1 .,CITY OF BOYNTON BEACH Addendum: A Value Analysis Of The $125,000 Pooling Point A. One Claim Over $125,000 B. Less Pboling Point C. Pooled Claim D. Incurred Pooled Claim E. Trended Pooled Claim F. Retention For Pooled Claim G. Gross Premium Savings H. Original Pooling Cost I. Net Premium Savings 411100-3131101 t2 Months $570,094 $125,000 $445,094 $471,800 $582,673 $136,67.6 $719,349 $167,543 $551,806 Note: This claim is currently ongoing and expected to increase significantly. Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17,2001 [] May 1, 2001 VI-CITY MANAGER'S REPORT i'TEM B. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST Date Final Form Must be Turned in to City Clerk's Office Maroh 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19,2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of Comract for Sale and Purchase of real property, commonly referred to as Morey's Lounge. EXPLANATION: The city has entered imo a Contract to acquire real property located at 2022 N. Federal Highway, which is commonly referred to as Morey's Lounge. The Comract provides for acquisition of the land, all structures on the land, and all licenses, including the liquor license and the adult entertainment establishment license. The liquor license is transferable and may subsequently be sold by the City or retained for use in a City facility. The adult entertainment establishment license will be retired with the beneficial result of one less adult entertainment establishment being conducted within the City limits. The total purchase price is $640,000. A closing statement has not yet been prepared to reflect the allocation of purchase price to land and licenses. Additional information will be provided to the commission prior to the Commission meeting regarding the allocation. The Contract requires Commission approval as a condition of closing PROGRAM IMPACT: The land which is the subject of the sale is adjacent to Boat Club Park. Acquisition of the land will facilitate expansion of parking and related park activities. FISCAL IMPACT: $250,000 of the purchase prices is being provided by Palm Beach County. ALTERNATIVES: Proceed with park developmem without the enhanced benefit of this additional property. _,~~ x~f~'l.City- Department Head's Signature Manager's Signature Department Name City Attorney / Finance / Human Resources Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19,2001 [] July 3,2001 X-NEW BUSINESS ITEM A Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 200l (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of this Ordinance on First Reading, which will amend the City Charter and Code to reflect a change in the date of Municipal Elections from March to November to coincide with county, state and federal elections. EXPLANATION: Florida Statute 100.3605(2) authorizes the governing body of municipalities to change, by Ordinance, the datbs for qualifying and for the election of members of the municipal governing body and to provide for an orderly transition of office resulting from such change. In drafting the Ordinance the City Attorney took the liberty of providing that sitting elected officials will continue to serve until their seat is filled in the November election which follows the end of their current term. This avoids cutting short the term to which the official was elected. The change to a November election to coincide with county, state and federal elections, would result in a greater voter participation, as well as reducing any costs associated with elections. PROGRAM IMPACT: n/a FISCAL IMPACT: n/a ALTERNATIVES: Keep the mtmicipal election in March. D~partm~ I-I~td's Signature Department Name City Manager's Signature City At~orr~t~ Fifiance Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC TO: CC: FROM: RE: DATE: MEMORANDUM Mayor and City Commissioners Kurt Bressner, City Manager James A. Cherof, City Attorney Change of Date of Municipal Election April 3, 2001 Commissioner Bruce Black has posed substantially the following question: May the City amend its Charter by ordinance to move the date of the municiPal election from March to November, or must such change be submitted to the electors by referendum? SHORT ANSWER: The date of the municipal election may be moved by ordinance. AUTHORITY: Section 100.3605, Florida Statutes ANALYSIS: The procedure for changing the date of a municipal election was recently addressed by the Attorney General in response to a question posed by the City Attorney for the City of Mulberry, Florida. The Attorney General reviewed a potential conflict between section 100.3605 Florida Statutes, which authorizes amendment of election dates by ordinance, and 166.031 Florida Statutes, which requires charter amendments to be approved by referendum. The Attomey General concluded that section 100.3605 controls and that: ... the City may by ordinance amend its city charter to move the dates of the city election from April to November .... and to extend the terms of the sitting commissioners to November. I will await the direction of the Commission before drafting an ordinance to change the date of the municipal election and extending the term of sitting Commissioners to coincide with the new election date. A copy of Attorney General's opinion 2000-61 is attached. J:\SHRDATA\CA\COM1VBmotions to reconsider.doc Page 1 C~ation Search Result AGO 2000-61 (Cite as: 2000 WL 1508666 (Fla.A.G.)) Rank 1 of 1 Database FL-AG Office of the Attorney General State of Florida '1 AGO 2000-61 October 6, 2000 RE: MUNICIPALITIES--CHARTERS--REFERENDUM--change in date of election of municipal elections and resulting change in terms of sitting officers may be accomplished by ordinance without a referendum, ss. 100.3605 and 166.021, Fla. Stat. Mr. Frank Comparetto, Jr. Mulberry City Attorney Citrus & Chemical Bank Building 114 North Tennessee Avenue, Suite 204 Lakeland, Florida 33801-4659 Dear Mr. Comparetto: You ask substantially the following question: ~%y the City of Mulberry, pursuant to section 100.3605, Florida Statutes, amend i city charter by ordinance to move the dates of city elections from April to November to coincide with federal, state, and county elections, and to extend the terms of the sitting commissioners to November? In sum:. Pursuant to section 100.3605, Florida Statutes, the City of Mulberry may by ordinance amend its city charter to move the dates of city elections from April to November to coincide with federal, state, and county elections and to extend the terms of the sitting commissioners to November. In Attorney General Opinion 94-31, this office stated that under the then existing statutes, the city commission of the City of Tallahassee could not amend its charter by ordinance to provide for a change in the date on which municipal elections will occur and extend the terms of the sitting officers affected by the change. This conclusion was based on the language of section 166.021 Florida Statutes (1993). Subsections (4) and (5) of the statute sought to implement the broad grant of home rule powers by repealing or converting into ordinances limitations on municipal powers contained in a municipal charter or special act adopted prior to July 1, 1973. Subsection (4) of section 166.021, however, provided that nothing in Chapter 166, Florida Statutes, the Municipal Home Rule Powers Act, was to be construed as permitting any changes in a special law or municipal charter that affect certain subject matters set forth therein, including "the terms of elected officers," without referendum approval as prQvided in section 166.031, Florida Statutes. ~ring the 1995 legislative session, legislation was introduced to amend s~ction 166.021, Florida Statutes. Section 1 of Chapter 95-178, Laws of Florida, Copr. © West 2001 No Claim to Orig. U.S. Govt. Works Fla. AGO 2000-61 (Cite as: 2000 WL 1508666, *1 (Fla.A.G.)) amended section 166.021(4) to read in pertinent part: Page 2 'However, nothing in this act shall be construed to permit any changes in a special law or municipal charter which affect the terms of elected officers and the manner of their election except for the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates, without approval by referendum of the electors as provided in s. 166.031 .... " (e.s.) Section 2 of Chapter 95-178, supra, created section 100 3605, Florida Statutes, relating to the conduct of municipal elections. [FN1] Subsection (2) of section 100.3605 provides: *2 '(2) The governing body of a municipality may, by ordinance, change the dates for qualifying and for the election of members of the governing body of the municipality and provide for the orderly transition of office resulting from such date changes." An examination of the legislative history of the 1995 legislation indicates an intent that municipalities would be authorized to amend their charters to change the election dates and qualifying periods for candidates, including any changes in terms of office necessitated by such amendment, without a referendum. [FN2] Moreover, the title for Chapter 95-178, Laws of Florida, states in pertinent part: 'An act relating to municipal elections; amending s. 166.021, F.S.; authorizing amendment of a special law or municipal charter for the purpose of changing ~- election dates and qualifying periods for candidates, including any changes in i terms of office necessitated thereby, without referendum; creating s. 100.3605, F.S.; providing for change of qualifying periods and election dates by ordinance and for the orderly transition of office; providing an effective date." While the title to a statute cannot enlarge the operation or effect of an enactment, it may be used as an aid in the statute's interpretation. [FN3] The title reflects an intent of the Legislature to permit municipalities to amend their charter to change the election dates and qualifying periods for candidates, including any changes in terms of office necessitated thereby, without referendum. Accordingly, I am of the opinion that pursuant to section 100.3605, Florida Statutes, the City of Mulberry may by ordinance amend its city charter to move the dates of city elections from April to November to coincide with federal, state, and county elections, and to extend the terms of the sitting commissioners to November. Sincerely, Robert A. Butterworth Attorney General [FN1] . Chapter 95-178, Laws of Florida, became effective January 1, 1996. See, s. 3, Ch 95-178, supra Copr. © West 2001 No Claim to Orig. U.S. Govt. Works Fla. AGO 2000-61 {,-re as: 2000 WL 1508666, *2 (Fla.A.G.)) Page 3 [FN2]. See, House of Representatives Committee on Ethics and Elections Final Bill Analysis & Economic Impact Statement on HB 2209 (passed by the Legislature as Ch. 95-178, Laws of Florida), dated May I0, 1995, stating: HB 2209 authorizes amendment of a municipal charter or special act without referendum for the purpose of changing municipal election dates and qualifying period for candidates and for the adjustment of terms of office necessitated by such date changes .... [FN3] . See, e.g., Parker v. State, 406 So. 2d 1089 (Fla. 1981) (one indicator of legislature's intent is the title of the law enacting the statute); Carlile v. Game and Fresh Water Commission, 354 So. 2d 362, 365 (Fla. 1977) (reference to the title of a legislative act is appropriate in determining legislative intent); Long v. State, 622 So. 2d 536 (Fla. 1st DCA 1993); State, Department of Environmental Regulation v. SCM Glidco Organics Corporation, 606 So. 2d 722 (Fla. 1st DCA 1992) (to determine legislative intent, court must consider act as whole, i.e., evil to be corrected, language of act, including its title, history of its enactment, and state of law already in existence). Fla. AGO 2000-61, 2000 WL 1508666 (Fla.A.G.) END OF DOCUMENT Copr. © West 2001 No Claim to Orig. U.S. Govt. Works * END*END*END*END*END* END*END*END*END*END*END* END*END*END*END*END*END*END*END*END*END* 1885068 - IGWE,NICI-IOLAS 04/24/01 04/24/01 1 122 09:16:26 am (Central) 09:16:26 am (Central) 00:00:00 Date and Time Printing Started: Date and Time Printing Ended: Offiine Transmission Time: Number of Requests in Group: Number of Lines Charged: E~ E~ E~ E~ E~ E~ E~ E~ E~ E~ E~ E~ E~ E~ E~ E~ E~ E~ E~ E~ E~ ORDINANCE NO. O1 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA CHANGING THE DATE OF MUNICIPAL ELECTIONS FROM THE SECOND TUESDAY IN MARCH TO THE FIRST TUESDAY IN NOVEMBER; PROVIDING FOR A TRANSITION PERIOD FOR ELECTED OFFICIALS WHO ARE SERVING A TERM OF OFFICE AT TIME OF ADOPTION OF THIS ORDINANCE; PROVIDING FOR AMENDED QUALIFYING PERIODS; AMENDING · CONFLICTING PROVISION OF THE CITY CHARTER (SECTIONS 15, 51, 138, 141), PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission has considered the public benefits of ' ' >al elections that coincide with county, state and federal elections; and WHEREAS, the City Commission has determined that moving municipal elections from the second Tuesday in March, as currently provided for in the Code and Charter, to the first Tuesday in November to coincide with county, state and federal elections would result in a greater voter participation in municipal elections and would reduce costs associated with elections when only municipal candidates are on the ballot; and WHEREAS, Florida Statute 100.3605(2) authorizes the governing body of municipalities to change, by Ordinance, the dates for qualifying and for the election of members of the municipal governing body and to provide for an orderly transition of office resulting from such change; WHEREAS, The City Commission has considered and is guided by the Florida Attorney General's opinion (AGO 2000-61, issued October 6, 2000) that a municipality may by ordinance amend its city charter to move the dates of city elections from April to to coincide with federal, state, and county elections, and to extend the terms of sitting commissioners to November. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are tree and correct and incorporated herein by this reference. Section 2. Effective immediately upon adoption of this Ordinance municipal shall be held on the first Tuesday in November in years when elections are uired to maintain staggered terms as provided for in. the City Charter. The next · ' ~al election following the adoption of this Ordinance will be the first Tuesday in 2002. Section 3. To provide for the orderly transition of office and to avoid shorting term of office for which current elected officials were elected, each elected official holds office on the date of enactment of this Ordinance shall continue to serve in ~ffice until their seat is filled in the November election which follows the expiration of current elected term. Section 4. All references to "March" in the City Code or Charter, when used in the context of elections shall he construed to mean "November", following the of this ordinance. Section 5. All references to "January" in the City Code or Charter, when used the context of elections or qualifying for elections shall be construed to mean "September", following the enactment of this ordinance. Section 6. All references to "February" in the City Code or Charter, when in the context of elections or qualifying for elections shall be construed to mean "October", following the enactment of this'ordinance. Section 7. Sections 15, 51,138 and 141 of the City Charter are amended by the words and figures in underlined type and by deleting the words and figures in struck through type, as follows: Sec. 15. When Commission Members and Mayor to assume office. The Commission Members and Mayor who are elected in elections held in Marck November of any year, shall assume office on the first regular or special city commission meeting following their election. Once all newly elected officials have taken office the Commission shall organize in accordance with the provisions of section 53 of this Charter and shall then proceed to select the officers and employees, designated in section 49 of this Charter. Sec. 51. Filling vacancy on City Commission. In the event of a vacancy occurring in the members of the City Commission, except at the close of a regular term, ... In no event shall an appointment or election alter the term of the district seat. Municipal election shall mean the election held on the se~smd- first Tuesday in March November of the calendar year .... Sec. 138. Call by Mayor, publication of proclamation; qualification of candidates, filing by candidates with City Clerk; notification of Supervisor of Elections. All general and special elections, unless otherwise provided in this Act .... Candidates for City Council shall file such papers and pay such fees as may be required by law with the City Clerk no earlier than noon on the last Tuesday in Jr~nu='y September, nor later than noon on the second Tuesday in Fc~rua:y October of the calendar year in which the election is to be held... Sec. 141. Regular municipal election, date; qualification of electors for Councilmen; method of holding elections, special elections. Regular municipal elections shall be held on the :ccc, nd first Tuesday in Marck Novemberzvcr.; j~,,,, ~,~, ....... ,, ....... election year.. In the event a m-off election is required as specified in section 139 hereof, said election shall be held on the fourth Tuesday of M~'zk November. The City Council shall prescribe, by ordinance, the method and manner of holding all elections in said City, and shall provide when and how special elections shall be called and held, which are not provided by the terms of this Charter, and all elections shall be conducted substantiallY on the principle adopted for state election insofar as there are no conflicts with the terms of this Charter. Section 8. In the event of a conflict between the provisions of this ordinance any other provision of the City Code, City Charter, ordinance or resolution, this shall control. Section 9. Authority is hereby given to codify this Ordinance with specific authority granted to add notations to conflicting provisions of the City Code or Charter. Section 10. This Ordinance shall become effective immediately upon passage FIRST READING this __ day of May 2001. SECOND, FINAL READING'AND PASSAGE this ~ day of May, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ~.TTEST: Commissioner City Clerk [' Mun Eleetion~ Requested City Commission Meeting Dates [] March20,2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5,2001 [] June 19, 2001 [] July3,2001 ~;I i ff. XI-LEGAL ITEM A.1 16 F; I h: Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the June 5, 2001 City Commission Agenda under Legal - Second Reading. This request is pursuant to an obligation of the original interlocal agreemem with Palm Beach County. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved, and strongly recommends that the City Commission direct staffto prepare an amendment to the Comprehensive Plan that establishes a "Conservation" land use classification for preservation sites. For further details pertaining to this request see attached Department of Developmem Memorandum No. PZ 01-068. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: SEACREST SCRUB PRESERVE Staff Generated Palm Beach County South Seacrest Boulevard approximately ¼ mile north of the intersection of Gulfstream Boulevard Request to rezone a + 53.69-acre scrub preserve fxom "Single Family Residential" (R-1AA) and "Duplex Residential" (R-2) to "Recreation" (REC) pursuant to a condition of an inter-local agreement with Palm Beach County. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~D/f~tor-~f Development Manager's Signature City Attorney / Finance / Human Resources \\CI-B.MAIN~HRDATAXPlanning\SHARED\WP~PROJECTSXSCRUB REZN~EACREST~6-5-01 CC Agenda Request 2nd reading 6-5-01- Seacrest Scrub REZN 01-001.dot S:\BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O1 - ~ I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, BY AMENDING ORDINANCE NO. 91-70 OF THE CITY OF BOYNTON BEACH, REZONING THE SEACREST SCRUB FROM SINGLE FAMILY RESIDENTIAL AND DUPLEX RESIDENTIAL TO RECREATION; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, in 1993, the City of Boynton Beach and Palm Beach County entered into an interlocal agreement for the acquisition and management of the Seacrest Scrub Ecosite; and 'WHEREAS, the pursuant to that Agreement, the City was required to amend the land use and zoning to designate the property for use as a "conservation" area; and WHEREAS, the land use for this parcel was a part of the EAR-based Comprehensive Plan amendments and was adopted by Ordinance No. 00-27, adopted on June 20, 2000; and WHEREAS, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, the rezoning of this tract of land, more particularly described hereinafter, from Single-Family Residential (R-1AA) and Duplex Residential (R-2) to Recreation (REC) completes the required process; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: See Attached Exhibit "A" ,e and the same is, hereby rezoned from Single-Family Residential and Duplex to Recreation. A location map is attached hereto as Exhibit "B" and made a ~art of this Ordinance by reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended Section 3: All ordinances or parts of ordinances in conflict herewith are hereby >ealed. Section 4: Should any section or provision of this Ordinance or any portion be declared by a court of competent jurisdiction to be invalid, such decision shall affect the remainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. FIRST READING this day of May, 2001. SECOND, FINAL READING and PASSAGE this ~ day of June, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner City Clerk (Corporate Seal) s:ca\Ord\ Seacrest Scrub Rezoning050701 Commissioner EXHIBIT "A" +That part of the Southwest quarter of Government Lot 2 lying West of the Florida East Coast Railway right-of-way, together with the South half of Government Lot 3, the Southeast quarter of Government Lot 4, that part of the North quarter of the Southwest quarter of the Northeast quarter of Section 4, lying west of the Florida East Coast Railway right-of-way; and the North quarter of the Southeast quarter of the Northwest quarter of Section 4, all lying in Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; EXCEPTING THEREFROM that part of Government Lot 4 lying within an 80-foot road right-of-way as conveyed to the County of Palm Beach in Deed Book 901, Page 234; together with the improvements, if any, now situated thereon and the reversionary interest, if any, of Sellers in and to the roads and streets, if any, and other areas and/or places, if any, dedicated to the use of the public, contiguous to and/or within the boundaries thereof. Containing 53.69 acres more or less. (Property I.D. No. 08-43-46-04-00-002-0010) LOCATION MAP SEACREST SCRUB EXHIBIT ~" 5,0 I/8 400. '800 I~/ .,'~ ,~/.,'",,'1.,'~..1 ~ FEET DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 01-068 TO: THRU: FROM: Chairman and Members Planning and Development Board Michael W. Rumpf~qCT- Planning and Zoning Director Dick Hudson ~ Senior Planner DATE: S U BI ECT: LOCATION: April 12, 2001 Seacrest Scrub (REZN 01-001) Rezone to from Single Family Residential and Duplex Residential to Recreation South Seacrest Boulevard approximately ~ mile north of the intersection of Gulfstream Boulevard INTRODUCTION In 1993, the City of Boynton Beach and Palm Beach County entered into an interlocal agreement for the acquisition and management of the Seacrest Scrub Ecosite. Under terms of that agreement, the City is required to amend the land use and zoning to designate the property for use as a "CONSERVATION" area. The City's "RECREATIONAL" land use classification and "RECREATION" zoning designation are appropriate to this end since the definition of the "RECREATION" zoning designation specifies under I.l.d.of the Zoning Code, "Preservation or conservation uses intended to maintain the general openness or vegetation of the land for environmental, educational, archaeological or open space reasons." The land use amendment for this property was a part of the EAR-based Comprehensive Plan amendments and was adopted by Ordinance 00-27 on June 20, 2000. At that time the land use map was amended to classify the sub.iect property to "RECREATIONAL." Current zoning on the property is a combination of Single-family Residential (R-1AA) with a maximum density of 5.40 dwelling units per acre and Duplex Residential (R-2) with a maximum density of 9.68 du/ac, as shown on Exhibit "A"-Site Location. The rezoning to "Recreation", as proposed herein, completes the required process. Page 2 Seacrest Scrub File No. REZN 01-001 PROCEDURE Pursuant to the City of Boynton Beach Land Development Regulations, Chapter 2, Section 9 (Administration and Enforcement), when a rezoning request does not require an amendment to the future land use map, staff analysis is not required to include an evaluation of the project using the eight criteria under Section 9.C.?. Since this request .is only for rezoning, the above-described analysis is not required. Additionally, the proposed rezoning is merely a "housekeeping" matter that is necessary to ensure the consistency between the land use designation for the property and the zoning as required by Florida Statutes. :ADJACENT LAND USES AND ZONING The land uses and zoning in the surrounding area vary and are presented in the table that roi lows: North East South West (Northwest) Developed single-family homes designated Low Density Residential (LDR) with a maximum density of 4.84 du/ac and zoned R1AA (single-family residential at a density of 5.40 du/ac. (Northeast) Developed residential uses designated Medium Density Residential (MeDR) with a maximum density of 9.68 du/ac, and zoned R-2 (Duplex residential) with a maximum density of 9.68 du/ac. Rights-of-way of the Florida East Coast Railroad and Old Dixie Highway. Then General Commercial development, those properties lying within the City of Boynton Beach have C-4 (General Commercial) zoning, and those properties lying within the unincorporated area of Palm Beach County have similar zoning. Single family homes developed with land use and zoning similar to that lying north of the property. (Northwest) Developed single-family residential designated Low Density Residential (LDR) with a maximum density of 4.84 du/ac and zoned R1AA (single-family residential at a density of 5.40 du/ac. (Northeast) Developed residential designated Medium Density Residential (MeDR) with a maximum density of 9.68 du/ac, and zoned R-2 (Duplex residential) with a maximum density of 9.68 du/ac. Right-of-way of Seacrest Boulevard. Then single family homes. PROPOSED USE OF THE PROPERTY The property will permanently remain a preserved, intact native Florida ecosystem, available to the public for passive, natural resource-based outdoor recreation and education. A management plan for the property is in place and the County has Page 3 Seacrest Scrub File No. REZN 01-001 developed a parking and interpretive area on the site, which permits public access and use of the natural area. CONCLUSIONS/RECOMMEN DATIONS Based on the analysis and discussions contained herein, staff has determined this request is consistent with the Comprehensive Plan and the Land Development Regulations and is compatible with current and future uses of surrounding properties. Staff, therefore, recommends approval of the request for rezoning from Single-family residential (R-1AA) and Duplex Residential (R-2) to RECREATION (REC). Again, this rezoning is pursuant to an obligation of the original interlocal agreement with Palm Beach County. ATTACH M E N TS j :~S H RDATA\Plan ningkS HARE D\WI:RPROJ ECTS~CRU B REZN~ EACREST~taffreoorLdoc LOCATION MAP SEACREST SCRUB EXHIBIT "A" 'RIA L 1::i3 I/8 400. '800 MILES~ .-, \ FEET Requested City Commission Meeting Dates [] March20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15,2001 [] June 5, 2001 [] June 19,2001 [] July 3, 2001 XI-LEGAL ITEM A.2 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.!; ~) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Bnsiness [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the June 5, 2001 City Commission Agenda under Legal - Second Reading. This request is pursuant to an obligation of the original interlocal agreement with Palm Beach County. The PlaNning and Development Board with a unanimous vote, recommended that the subject request be approved and strongly recommends that the City Commission dkect staff to prepare an amendment to the Comprehensive Plan that establishes a "Conservation" land use classification for preservation sites. For further details pertaining to this request see attached Deparmaent of Development Memorandum No. PZ 01-067. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: ROSEMARY SCRUB PRESERVE Staff Generated Palm Beach County Northwest comer of the intersection of North Seacrest Boulevard and Miner Road Request to rezone a + 13.59-acre scrub preserve from "Single Family Residential" (R-l) to "Recreation" (REC) pursuant to a condtion of an inter-local agreement with Palm Beach County. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A irector of Plann~. g~tfd Zoning Dtreci~or of ~)~v;lol~m~)~ City Manager's Signature City Attorney / Finance / Human Resources \\CI-BMAIN~HRDATA~Planning~SHARED\WPXPROJECTS~SCRUB REZN~OSEMARY~6-5-01 CC Agenda Request 2nd reading REZN 014)02.dot S:'d3ULLETIN~ORMS~kGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O1 -,~, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, BY AMENDING ORDINANCE NO. 91-70 OF THE CITY OF BOYNTON BEACH, REZONING THE ROSEMARY SCRUB FROM SINGLE FAMILY RESIDENTIAL TO RECREATION; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WItEREAS, in 1995, the City of Boynton Beach and Palm Beach County entered into an interlocal agreement for the acquisition and management of the Rosemary Scrub Ecosite; and WHEREAS, the pursuant to that Agreement, the City was required to amend the land use and zoning to designate the property for use as a "conservation" area; and WItEREAS, the land use for this parcel was a part of the EAR-based Comprehensive Plan amendments and was adopted by Ordinance No. 00-28, adopted on June 20, 2000; and WItEREAS, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, the rezoning of this tract of land, more particularly described hereinafter, from Single-Family Residential (R-I) to Recreation (REC) completes the required process; and WttEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1:, The following described land, located in thc City of Boynton Beach, Florida as set forth as follows: See Attached Exhibit "A" >e and the same is, hereby rezoned from Single-Family Residential to Recreation. A ocation map is attached hereto as Exhibit "B" and made a part of this Ordinance by 'eference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended tccordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby 'epealed. Section 4: Should any section or provision of this Ordinance or any portion hereof be declared by a court of competent jurisdiction to be invalid, such decision shall aot affect the remainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. FIRST READING this day of May, 2001. SECOND, FINAL READING and PASSAGE this ~ day of June, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) s:ca\Ord\ Seacrest Scrub Rezoning050701 Commissioner EXHIBIT "A" A parcel of land lying in Sections 9 and 16, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: From the Southeast corner of the Southwest Quarter (SW 1/,) of said Section 9 run North 90° 00' 00" West along the South line of said Section 9 a distance of 40.00 feet to the Point of Beginning of the herein described parcel of land; continue thence North 90° 00' 00" West a distance of 68.59 feet; thence due South a distance of 40.00 feet; thence due East a distance of 45.88 feet to the point of curvature of a curve concave to the Southwest having a radius of 25.00 feet, thence Southeasterly along the arc of said curve through a central angle of 87° 57' 15" a distance of 38.38 feet to a point on the Westedy Right-of-Way line of Seacrest Boulevard, and point of tangency of said curve; thence South 02° 02' 45" East along said Westedy Right-of-Way line a distanced of 75.88 feet; thence South 87° 57' 15" West along the South line of Lot 10, Block 20, of Rolling Green Ridge, 1St Addition, as recorded in Plat Book 24, at Page 223, of the Public Records of Palm Beach County, Florida, a distance of 73.62 feet; thence along the North line of said Plat of Rolling Green Ridge, South 52° 20' 15" West a distance of 75.79 feet; thence North 50° 50' 05" West a distance of 77.39 feet; thence North 90° 00' 00" West a distance of 130.42 feet; thence leaving said North line North 02° 02' 45" West along a line parallel to Seacrest Boulevard a distance of 140.08 feet to a point on the South line of said Section 9; thence North 01 ° 32' 45" East along a line parallel to Seacrest Boulevard a distance of 658.72 feet to a point on the North line of the South half (S ¼) of the Southeast Quarter (SE %) of the Southwest Quarter (SW 1,4) of said Section 9; thence along said North line South 89° 58' 45" East a distance of 324.05 feet to a point on the Westedy Right-of-Way line of Seacrest Boulevard, an 80.00 foot wide road Right-of-Way; thence South 01 ° 32' 45" West along said Westedy Right-of-Way line a distance of 658.62 feet to the Point of Beginning. LESS AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED PROPERTY: A parcel of land lying in Section 9, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: From the Southeast comer of the Southwest Quarter (SW ¼) of said Section 9; thence due West along the South line of said Section 9, a distance of 40.01 feet to a point of intersections with a line parallel with and 40.00 feet at right angles to the East line of the Southwest Quarter (SW ¼) of said Section 9; thence North 01 ° 32' 45" East along said parallel line a distance of 40.01 feet to a point of intersection with a line parallel with and 40.00 feet at dght angles to the South line of the Southwest Quarter (SW %) of said Section 9 and the Point of Beginning of the herein described parcel; thence continue North 01 ° 32' 45" East along the West Right-of-Way line of Seacrest Boulevard, as now laid out and in use, a distance of 250.00 feet; thence due West a distance of 175.00 feet; thence South 01 ° 32' 45" West a distance of 250.00 feet; thence due East a distance of 175.00 feet to the Point of Beginning. (Parcel I. D. Nos. 08-43-45-09-00-000-7080; 08-43-45-09-00-000-7090; 08-43-45-16- 01-020-0100; 08-43-45-16-00-000-3100; a nd 08-43-45-16-00-000-3110.) LOCATION MAP ROSEMARY SCRUB EXHIBIT."~' R3 RII STATi I/8 MILES 400. '8C, 0 FEET DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 01-067 TO: THRU: FROM: Chairman and Members Planning and Development Board Michael W. Rumpf Planning and Zoning Director n~ Dick Hudso Senior Planner DATE: S U BJ ECT: LOCATION: April 12, 2001 Rosemary (REZN 01-002) Rezone from Single Family Residential to Recreation Northwest corner of the intersection of N. Seacrest Boulevard and Miner Road INTRODUCTION In 1995, the City of Boynton Beach and Palm Beach County entered into an interlocal agreement for the acquisition and management of the Rosemary Scrub Ecosite. Under terms of that agreement, the City is required to amend the land use and zoning to designate the property for use as a "CONSERVATION" area. The City's "RECREATIONAL" land use classification and "RECREATION" zoning designation are appropriate to this end since the definition of the "RECREATION" zoning designation specifies under I.l.d.of the Zoning Code, "Preservation or conservation uses intended to maintain the general openness or vegetation of the land for environmental, educational, archaeological or open space reasons." The land use amendment for this property was a part of the EAR-based Comprehensive Plan amendments and was adopted by Ordinance 00-28 on June 20, 2000. Current zoning on the property is Single-family Residential (R-l) with an assigned density of 7.26 dwelling units per acre. The proposed rezoning to the "Recreation" district completes the required process. PROCEDURE Pursuant to the City of Boynton Beach Land Development Regulations, Chapter 2, Section 9 (Administration and Enforcement), when a rezoning request does not require an amendment to the future land use map, staff analysis is not required to include an evaluation of the project using the eight criteria under Section 9.C.7. Since this request is only for rezoning, the above-described analysis is not required. Additionally, the Page 2 Rosemary Scrub File No. REZN 01-002 proposed rezoning is merely a "housekeeping" matter that is necessary to ensure the consistency between the land use designation for the property and the zoning as required by Florida Statutes. ADJACENT LAND USES AND ZONING The subject property surrounds, on three sides (north, west and south), a parcel of land designated Local Retail Commercial land use and zoned Neighborhood Commercial (C- 2) that is developed with a convenience store. The land uses and zoning on other adjacent properties vary and are presented in the table that follows: North Developed Single-family homes designated Moderate Density Residential (LDR) with a maximum density of 7.26 du/ac and zoned R-1 (single-family residential at a density of 7.26 du/ac). East Right-of-way of Seacrest Boulevard then developed single-family housing designated Moderate Density Residential with a maximum density of 7.26 du/ac and zoned R-1 (single-family residential at~ a density of 7.26 du/ac). South Single-family homes designated Moderate Density Residential (LDR) with a maximum density of 7.26 du/ac and zOned R-1 (single-family residential at a density of 7.26 du/ac). West Right of way of 1-95. Further west, developed property in the High Ridge Commerce Park PID designated Industrial (I) and zoned Planned Industrial Development (PI D) PROPOSED USE OF THE PROPERTY The property will permanently remain a preserved, intact native Florida ecosystem, available to the public for passive, natural resource-based outdoor .recreation and education. A management plan for the property is in place and the County has developed a parking and interpretive area on the site, which permits public access and use of the natural area. CONCLUSIONS/RECOMMEN DATIONS Based on the analysis and discussions contained herein, staff has determined this request is consistent with the Comprehensive Plan and the Land Development Regulations, and is compatible with current 'and future uses of surrounding properties. Page 3 Rosemary Scrub File No. REZN 01-002 Staff, therefore, recommends approval of the request for rezoning from Single-family Residential (R-l) to RECREATION (REC). Again, the rezoning is pursuant to an obligation of the original interlocal agreement with Palm Beach County. ATTACHMENTS J:~S H RDATA\Plan n ing~ HARE D\WP~PROJ ECTS~CRU B R[EZN\RO$ EMARY~taffrepo rt.doc LOCATION MaP ROSEMARYSCRUB EXHIBIT "A" 1::1:3 IA I::1 RII Il I/8 t',/IILES 4.00.'800 FEET Requested City Comrmssion MeetinR Dates [] March 20.2001 [] A.,~l 3, [] April 17,2001 [] M,y 1,2o0, CITY OF BoYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must b~ Turned in to City Clm'k's Qffle~ March 7, 2001 (5:00 pm.) March 21, 2001 (5:0Op.m.) April 4, 2001 (5:00 p.m.) April 18, 20Ot (5:0Op.m.) Requested City Commission Meetin~ Dates [] M~y 15, 2001 [] June 5, 2001 [] Jun~ 19, 2001 [] July 3, 2001 XI-LEGAL ITEM A.3 Date Final Form Must b~ Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p,m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Asenda [] New Bnsiness [] Public Hearing [] Legal [] Bids [] Unfini-~h~dBnsiness [] Announcement [] Presentation [] city M,~Ser's RECOMMENDATION: Approval of this Ordinance on First Re~ading, which will provid~ clarification of the reconsideration process as it rehtes to quasi-judicial boards. EXPLANATION: The Commission may wish 1o consider a broader reconsideration nde to cover all matlers disposed of by motion in light of the current restrictions tmposed by Resolution R95-50, which res~cts a Commissioner's right to bring matters back which have been considered and not approved. The propoaed Ordinance attached should clarify this process. PROGRAM IMPACT: n/a FISCAL IMPACT: ~/a ALTERNATIVES: Del~mn~t Nan~ City Manager's Signature ~mance / Human Resources S:~SULLETIN~CORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 01-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2. ADMINISTRATION ARTICLE I. SECTION 2-20 OF THE CODE OF ORDINANCES OF THE ClTY OF BOYNTON BEACH, FLORIDA TO CLARIFY THE RECONSIDERATION PROCESS AS IT RELATES TO QUASI-JUDICIAL BOARDS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission has deemed it to be necessary to clarify the reconsideration process as set out in Section 2-20 of the Code of Ordinances as it relates to quasi-judicial boards; and NOW THEREFORE, BE TI' ORDAINED BY THE CXTY COMI~I:i$$XON OF THE cTrY OF BOYNTON BEACH, THAT: Section 1. That Chapter 2. Administration Article I. Section 2-20 of the Code of Ordinances of the City of Boynton Beach, Florida, is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Sec. 2-20. Quasi-judicial proceeding before city commission or city board; procedure for reconsideration of decision. (a) For the purpose of this section the term "quasi-judicial I lproceeding" shall mean hearings before the City Commission or Plann. i.n~.a~n~d~ I IDevelopment Board, ,,, .. ...... u,, u..,,~, ,~ ,~ ~, v.,~..~. ,,.. .... ~. .... ~,.,, ,.? ~.:,...,,.~* .~,,,, I .... .~,,.:~. ~ ...... , ....~ .........re!nc ..,;~n~sscs and :s and IlmlteCl to tne Jjg j,~ j~lg i [ll~l i i i ii.~, ~%.al 'l,,.~Ag I I I I I I%.~ gll~ %,,~ I g',.~.,~ %,~A~,I I I ..... VVlkl (1) Variances; (c-) (b) The eC_ity Cc-ommission may reconsider its decision arising from a quasi-judicial proceeding only upon a motion to reconsider made at the meeting at which the decision was rendered or upon written request of the mayor, the vice- mayor, or any single commissioner filed with the cCity cClerk_provided such written request is made no later than 12:00 noon on the third day following the Commission's decision of the quasi-judicial proceeding. No quasi-judicial decision shall be considered final until the expiration of the three (3) day time period without motion to reconsider being made and the entry oCa written order approved by the Attorney and signed by the City Clerk. :In the event a request for reconsideration is made pursuant to this subsection the applicant or affected party hall be notified in writing and such notice shall be hand delivered, sent by facsimile, or overnight delivery service. (c) When a motion for reconsideration is made and approved at the sion meeting at which the decision was rendered, the Commission may immediately reconsider the matter before them or, the Commission may reconsider matter at a later time certain which shall be announced, at the meetincl_, to the and the public. No additional notice of the matter shall be necessary When a motion for reconsideration is made following the close of the on meeting at which the decision is made, only the motion to reconsider be heard at the next regular City Commission meeting. ~[f the motion to reconsider is adopted by the Commission, the matter which is the subject of the motion to reconsider shall be placed on the next regular City Commission meeting ~enda. The aqenda item shall be noticed in the same manner as the notice when the item was originally considered. (d) Any board may reconsider its decision... Section 2. Each and every other provision of Article 1, Chapter 2. of the Code of Ordinances of the City of Boynton Beach not herein amended shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion any paragraph, sentence or word be declared by a court of competent urisdiction to be invalid, such decision shall not affect the remainder of this )rdinance. Section 5. Authority is hereby granted to codify said ordinance. Section6. This ordinance shall become effective immediately upon passage. F:XRST READI:NG this ~ day of Hay, 2001. SECOND, FTNAL READ:lNG AND PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor CommiSsioner ~,'I-rEST: City Clerk CORPORATE SEAL) Commissioner Commissioner ca\Ord~AMD Chpt. 1 - Sec 2-20-050901 June, CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in tO CRv Clerk's Match 7, 2001 (5:00 p.m.) Man:h 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) XI-LEGAL ITEM A.4 Roquestod City Commission Dam Final Form Must be Turned tn Meetma Dates [] MayS, 2001 May2,2001 (5:00p.m.) [] lun~5,2001 May 16,2001 (5:00p.m.) [] Junn 19,2001 june6,2001 (5:00 p.m.) [] July3,2001 June20,2001 (5:00p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plan~ [] ~ic~ [] [] Bids ' [] Unrmi~hedBminess Announcement I--] Presentation city ~na~e's I~CO~ATION: Amending Section 15-8 of the City Code by exempting the City from the provisions of Section 15-8.5 Noise Control - Prohibited Acts in the zoning districts of Commercial and Industrial. EXPLANATION: At present, the City Code prohibi~ Itte generation of construction noise during .weekdays after 7:00 pm and on Sundays and legal holMa~. Thi~ would, of course, include noise created by aCqnstruction projects acam~ undertaken or conlmcted for by the City. This proposed mendment to the Code w~uld allow Itm City (and its contm~;~ors) to work on Sundays and on legal holidays, but 0nlv in the' C_.-omme~_! and Industrial zoning districtS, and not in those districts that ar~ adiacent to any M~~kBf~C~t.. This Code amendment is geared f0ward areas such as Industrial Avenue (E. Industrial Ave. only because W. Industrial Ave, i~ adjacent to a residential zone). It will allow us to get this cOnstruction project done quicker and most likely less expensively because the contractor can work nights, weekends and holiday~ [So pro~, this Code amendment provides the opportunity for the City to save time and ney on projects such as the Industrial Avenue Stormwater project. S?BULLETIN~ORMS~GENDA ITEM REQUEST FOitM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Not to allow the Code amendment, keeping the current noise/construction restrictions in place. City Manager's Signature Engineering Department City Attorney / Finance / Human Resources S :~BIJLLEIII~FOIO~'~A ITEM ORDINANCE NO. O 01- ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 15-8.6 EXEMPTIONS. OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA BY CREATING A NEW SUBSECl-ION 15-8.6 (8) EXEMPTING MUNICIPAL CONSTRUCTION FROM SECTION 15.8-5 NOISE CONTROL-PROHIBITED ACTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Section 15-8.5 (a) and (b) of the Code of Ordinances entitled Noise control-Prohibited acts prohibit the generation of noise created during weekdays (after 8:00 PM) on Sundays and legal holidays; and WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interest of the citizens and residents of the City to allow an exemption of that Section of the Code to the municipality, and NOW THEREFORE, BE TT ORDATNED BY THE CI'TY COMMTSSZON OF THE CI'TY OF BOYNTON BEACH, THAT: Section 1. That Chapter 15. Section 15-8.6. is hereby amended by creating a new subsection (8), as follows: (8) Construction. The foregoing provisions of Section 15-8.5 (a), (b) and subparagraph (6) of this Section shall not apply to municipal public works, emergency matters or matters having an effect on the public health, safety and welfare of the city in those zoning districts of commercial and industrial, and where the noise disturbances across a residential property line would not exceed those sound limits set forth in Section 15-8.8 (b) of this Section. Section 2. Each and every other provision of Chapter 15, of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared, by a iurisdiction to be )rdinance. Section 5. Section 6. )assage. F]:RST READING this ~ day of , 2001. SECOND, FINAL READI:NG AND PASSAGE this day of~ ,2001. CITY OF BOYNTON BEACH, FLORIDA court of competent invalid, such decision shall not affect the remainder of this Authority is hereby granted to codify said ordinance. This ordinance shall become effective immediately upon Mayor Vice Mayor Commissioner A'I-I'EST: Commissioner City Clerk COmmissioner (CORPORATE SEAL) s:c~\On~AMO Se~ 15-8.6 Noise F. xe~k~mlOS080! CITY OF BOYNTON BEACH OFFICE OF THE ASSISTANT CITY MANAGER INTER-DEPARTMENTAL CORRESPONDENCE DATE: TO: FROM: SUBJECT: May 1, 2001 James A. Cherof, City Attomey Dale S. Sugerman, Assistant City Manager Code Modification- Noise Control- Prohibited Acts As discussed yesterday during our weekly EXCL meeting, the Engineering Department would like to propose a modification to the existing City Code that would allow the City the opportunity to authorize municipal work late during the week and on Sundays. Currently, the City Code provision is: Section 15-8.5 Noise Control- Prohibited Acts Paragraph (a) 'noise disturbances prohibited' and (b) 'Specific prohibitions' prohibits the generation of noise created during weekdays (after 8:00 PM) on Sundays and legal holidays. Subparagraph (6) specifically addresses 'Construction' activities. Weare suggestion that a new section be added to the Code, as follows: Section 15-8.6 Same- Exemptions (8) Construction. The foregoing provisions of Section 15-8.5 (a), (b) and subparagraph (6) of this Article shall not apply to municipal public works, emergency matters or matters having an effect on the public heal~, safety and welfare of the city in those zoning districts of commercial and industrfal, and where the noise disturbances across a residential property line would not exceed, those sound limits set forth in Section 15-8.8 (b) of this Article. At your earliest opportunity, could you please review this proposal for legal content, and if it meets with your approval, could you create the necessary legislation that would allow us to take this. proposed Code modification to the City Commission for their review and consideration? I would be happy to meet with you to discuss this further, should you have any questions about thi,s proposal. Please let me know if you have any questions about this request. Dale S. Sugerman Assistant City Manager Paul Fleming, Senior Project Manager David Kelley, Utilities Engineer InterOffice Correspondence City of Boynton Beach Department of Engineering Construction Services Division TO' FROM' SUBJECT: Dale Sugerman Paul FlemingS)" Industrial Avenue Corridor Stormwater Improvement Date · Apdl 17,' 2001 Phone' 6487 John Guidry Mark Law David Kelley In reviewing the subject project with the Kimley - Horn design engineers, I feel that it would be an advantage for the City (and the industrial business' in the area), to give our Contractor the optional flexibility to work late during the week and on Sundays (including late night). This optional flexibility would only apply to the construction activities on East Industrial Avenue. Because of the proximity to residential areas on West Industrial Avenue and North Industrial Avenue (a new mad being created as part of this project), we would NOT include these areas in the weekday late night and Sunday work hour extension. Together, David Kelley and I have researched the CBB Code of Ordinances to determine the current limitations. The following is a brief summary of the current restrictions that prohibit late weekday and Sunday work. Code of Ordinances Section 15-8.5 Noise Control - Prohibited Acts Paragraph (a) 'Noise disturbances prohibited' and (b) 'Specific prohibitions', prohibits the generation of noise created during weekdays (after 8:00 PM) on Sunday's and legal holidays. Subparagraph (6) specifically address' 'Construction' activities. In order to facilitate this optional flexibility, I recommend that CBB add an additional paragraph to the CBB Code of Ordinances, Section 15-8.6 Same-Exemptions. David Kelley has assisted me in formulating this proposed addition. Our proposed language for the new subparagraph is' Page1 of 2 InterOffice Correspondence City of Boynton Beach Department of Engineering Construction Services Division Sec. 15-8.6 Same-Exemptions, [NEW] (8) Construction. The forgoing provisions of Section 15-8.5 (a), (b) and subparagraph (6) of this Article shall not apply to municipal public works, emergency matters or matters having an effect on the public health, safety and welfare of the city in those zoning districts of commercial and industrial, and where the noise disturbance across a residential real property line would not exceed those sound level limits set forth in Section 15-8.8 (b) of this If accepted, please have the Legal Department develop the implementing ordinance to have this clause inserted into the CODE. If you have any questions regarding this matter, please advise me at extension 6487. Page 201'2 Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] Mayl,2001 XZ'LEGAL ........ ,, ITEM B, 1 CITY OF BOYNTON BEACH AGENDA ITEM QUEST Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15,2001 [] June 5, 2001 [] June 19,2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the June 5, 2001 City Commission Agenda under Legal - First Reading. This item was approved by the Commission during the Public Heating held on May 15, 2001. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-080. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: A PINK PRINCESS Bradley Miller, AICP and Carl A. Cascio George and Marion Uhazie (Janet Kysia) 1120 South Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Office Commercial (OC) to Local Retail Commercial (LRC) for the subject _+ 0.73 acre property. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Director ~g al~ Zoning D' e~cMr 6 f r~eVe fop~en"h~ 'city ~anager's Signature City Attorney / Finance / Human Resources JSSHRDATA~PlanningXSHARED\WP~PROJECTSXA Pink Princess\6-5-01 CC Agenda Request 1 st reading land use.dot SSBuLLET1N~ORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE PROJECT AT 1120 SOUTH FEDERAL HIGHWAY KNOWN AS A PINK PRINCESS; AMENDING ORDINANCE 89-38 OF SAID cI-rY BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM OFFICE COMMERCIAL (OC) TO LOCAL RETAIL COMMERCIAL (LRC); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREA~, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE l"r ORDA/NED BY THE Cl'TY COMMZSSTON OF THE CI:TY OF BOYNTON BEACH, FLOR]:DA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the Following: That the Future Land Use of the following described land shall be designated as Local Retail Commercial (LRC). Said land is more particularly described as follows: See Attached Exhibit "A" Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days alter adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this ~ day of .June, 2001. SECOND, FINAL READING and PASSAGE this __ day of , 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner A'I-I'EST: Commissioner City Clerk (Corporate Seal) s:ca\ord~A Pink Pr'in__cess__ Land Use Amclt. LEGAL DESCRIPTION PARCEL I LOT l-A, LESS THE EAST TWENTY (20) FEET THEREOF, PLAT OF LEE MANOR ISLES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 211, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE RIGHT-OF-WAY FOR STATE ROAD NO. 5, AS RECORDED IN OFFICIAL RECORDS BOOK 138, PAGE 229, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 2 A PORTION OF LOT 1, PLAT OF LEE MANOR ISLES, ~CCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, LESS THE RIGHT-OF-WAY FOR STATE ROAD NO. 5, AS RECORDED IN OFFICIAL RECORDS BOOK 158, PAGE 229, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID PORTION BEING ~ORE PARTICULARLY DESCRIBED AS FOLLOW~3: COMMENCING AT THE NORTHEASTERLY CORNER OF AFOREMENTIONED LOT 1; THENCE WITH A CURVE TO THE RIGHT ALONG THE NORTHERLY BOUNDARY OF LOT 1, HAVING A INITIAL TANGENT BEARING OF NORTH 69 DEGREES, 39 MINUTES, 35 SECONDS WEST, A RADIUS OF 100.00 FEET. AN ARC LENGTH OF 35.02 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 40 DEGREES, =tS MINUTE~;, 60 SECONDS WEST. A DISTANCE OF 38.48 FEET TO THE POINT OF BEGINNING; THENCE WITH A BEARING OF SOUTH 0 DEGREES, 11' MINUTES, 31 ~ECONDS EAST, A DISTANCE OF 108.48 FEET TO A POINT; THENCE WITH A BEARING OF NORTH ;HI DEGREES, 02 MINUTES, 00 S~.CONDS WEST, A DISTANCE OF 204.32 FEET TO A POINT LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF US HIGHWAY 7, AS NOW LAID OUT AND IN USE; THENCE WITH.A CURVE TO THE RIGHT ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF US HIGHWAY 1, HAVING AN INITIAL TANGENT BEARING OF NORTH 12 DEGREES. 21 MINUTES, 01 SECONDS EAST, A RADIUS OF 3769.8.3 FEET, AN ARC LENGTH OF 129.57 FEET TO A POINT OF COMPOUND CURVATURE; THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND ARC LENGTH OF 36.74 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 81 DEGREES, 20 MINUTES, 10 SECONDS EAST, A DISTANCE OF 63.18 FEET TO A POINT OF CURVATURE; THENCE WITH A CURVE TO '¢~E RIGHT, HAVING A RADIUS OF 150.00 FEET; AN;) ARC LENGTH OF 83.48 FEET TO A POIHT; THENCE WITH A BEARING OF SOUTH 49 DEGREES, 35 MINUTES, 50 SECONDS EAST. A DISTANCE OF 10.47 FEET, MORE OR LE~, TO THE POINT OF BEGINNING. C~ DEVELOPMENT DEPARTbfENT C~ PLANNING AND ZONING DIVISION MEMORANDUM NO~ ~ 01-080 TO: FROM: THROUGH: Chairman and Members Community Redevelopment Agency Board Hudson, Senior Planner f//~J Dick Michael W. Rump? Director of Plarming and Zoning DATE:' April 27, 2001 .... ProjectYApplicant: PROJECT DESCRIPTION A Pink Princess/Janet Kysia Agent: Bradley Miller, AICP Miller Land Planning Consultants, Inc Owner: George E Uhazie & Marion R. Uhazie Location: 1120 South Federal Highway File No: Land Use AmendmentfRezoning (LUA.R 01-001) Property Description: Developed property Iix:amd one-half mile north of Woolbright Road consisting of 0.73 acres classified Office Commercial (OC) land use and zoned Office Professional (C-l). The property' is divided by SE 11~. Avenue. ~The larger, southern portion of the property (26,029 square feet) contains the office building, and parking; the northern portion.(5,784 square feet) is vacant. The building, coustvacted ca: 1935 and included in the .City Of Boynton Beach Historic Sites Survey as the Lee Manor Ina, has recently housed a real estate ...... . .. .... office, and prior to that, a bank with a drive-tt~u facility.._'_, Proposed change/use: To reclassify the subject property from Office Commercial (OC) to Local Retail ' Commercial (LRC), and rezone from Office Professional (C-l) to ... Neighborhood Commercial (C-2). ·. .- . Adjacent Land Uses and Zoning: North: Developed property classified as Office (OC) land use and zoned Office Professional (C-I), containing two single-Story office complexes, further north is the Boynton Woman's Club, one of the few properties in the city currently listed on the National Register of Historic Places. South: Developed property classified as Office (OC) land use and zoned Office Professional (C-l), containing a combination of single- and two-story condominiUm office complex. Further south is property containing a sit-down restaurant (IHOP) also classified as Office (OC) land use and zoned Office Professional (C-I). East: Parking and access for ~rry to the south onto SE 11a Avenue, separating the subject property from uses locate'd~fiii'ther east. Then, developed property classified as Low Density Residential (LDR) and zoned Single Family Residential with a maximum density of 5.40 dwelling 'units per acre (R-1AA) containing single-family homes (Boynton Isles). ~. -,? File Number: LUAR 01-001 A Pink Princess West: Federal Highway right-of-way, then developed property classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3) containing, on the north side of SE 12'~ Avenue, a gas station (currently closed), and on the south side, a convenience store (Kwik Stop), then a fast food establishment (Dunkin' Donuts). PROJECT A_N. ALYSIS Chapter 163, Florida Statutes requires that in order for an amendment to the Future Land Use Map to qualify'as a "small-scale" amendment, the property must be less than 10 acres in' size. A %mall-scale" amendment can be adopted prior to for'warding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans. The subject property contains 0.73 acres, and therefore qualifies as a "small-scald" amendment. The criteria used to review Comprehehsive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether.the proposed rezoning wouM be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling u'nit density exceeding 50 in the hurricane evacuation zone without written approval of the' Palm Beach County Emergency Planning Division and the City's risk manager. The planning deparrrnent shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with 'pOlicies contained in the comprehensive plan." According to the Comprehensive Plan Future Land Use Support Document, under the "Discussion of Supply and Demand for Coffnnercial Land" the following is recommended: . :'- ''The Future Land Use Plan which is proposed for the City and area to be annexed by the City will accommodate all of the anticipated demand for commercial land through build-out. Therefore, the City should not change the land use to commercial categories, beyond, that which is shown on the proposed Future Land Use Plan,' except for minor boundary adjustments, small infill parcels, or commercial uses of a highly specialized nature, Which have special location or site requirements, and therefore cannot, be easily accommodated on already designated commercial areas", and Policy 1. I9.6 of the Land Use Element reinforces the recommendation and reads: "The City shall not allow commercial acreage which is greater ~han the demand which has been projected, un/ess it can be demonstrated that the additional commercial acreage would not require the proportion of commercial acreage on the City's Future Land Use Map to exceed the proportion of commercial acreage on the Palm Beach County Future Land Use Map. The City shall not allow commercial unless a particular property is unsuitable for other uses, or a geographic need ex/sts wi'rich cannot be fulfilled by ex/sting commercially-zoned property, and the commercial use would comply with ali other applicable comprehensive plan policies.' The property for which the amendment is requested is within the city's hurricane evacuation zone, however, the requested change involves commercial development and will not increase residential density. With reference to the recommendation and policy regarding the increase of commercial Page 3 C' File Number: LUAR 01-001 A Pink Princess C acreage, the property is already classified among the "Commercial" land use categories. The requested change is for an increase in intensity of use from C-1 to C-2, rather than a change in use. Whether the proposed rezoning wouM be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning does introduce a new use, C-2, to the area; however, rather than creating an isolated district, it may be viewed as a transition between the existing C-1 commercial uses on both t~e' north and south and the existing C-3 uses to the west across Federal ~tighway. The proposed use of the site is compatible with surrounding uses and is not inconsistent with other uses in the Federal Highway corridor. · c. Whether changed or changing conditions make the proposed rezoning desirable. The recent development of the Federal Highway Corridor Commuait3r Redevelopment Plan may be viewed as changing conditions, since that plan recommends amendments to the current development regulations to encourage neighborh'ood:serying retail, particularly in this portion of the corridor that serves as the southern "gateway" to the downtown. The property is a part of a "node of commercial development" at the intersection of SE 12m Avenue and Federal Highway. SE 12m Avenue is one of the few roadways crossing the FEC railway ..and connecting Federal Highway with Seacrest Boulevard. d. Whether the proposed use wouM be compatible with utility systems, roadways, and other public facilities. : · . '. The applicant has stated that the approy, al of this application, w_i!.!.not sene to increase.demands on either the potable water or sanitary sewer levels_of se'~'(ce 6r sys~ms. :.Palm Beach County has reviewed the traffic study for this project and has ~letermined that the inciria~e in daily re'ps by an average of 379''trip's meets the Traffic Performance Standards of the County. With respect to solid waste, the Solid Waste Authority has stated, within a letter dated ~Ianuary 8, 2001, that adequate capacity exists, to.accommodate .... the county's municipalities throughout the 10-year planning period. Lastly;"drainage infrastructure is already in place and no change is anticipated for the project. e. Whether the proposed rezoni~g w~uld be comtjan'ble with the' Current and furore use of adjacent and nearby properties, or WouM affect the property values of adjacent or nearby properties. The applicant proposes to use the existing structure to house a girls' boutique, selling clothes, dolls and gift items. The structure is listed in the city's Historic Sites Survey as a property with potential for National Register nomination, as indicated in the survey. Its continued use and maintenance will help to preserve this "fine example ef the development of the city during the Depression/New Deal Era." The statements of impacts to the infrastructure provided by the applicant indicate that the proposed use will only minimally increase traffic and will not increase demands for other city-provided utility services. It should be noted, however, that a range of commercial uses are permitted "by-right" under the C-2 Neighborhood Commercial zoning. The uses include small retail stores containing up to 5,000 square feet and selling merchandise that ranges from furniture and antiques to automobile parts and marine hardware., -~ ~ Page 4 File Number: LUAR 01-001 A Pink Princess f. Whether the property is physically and economically developable under the existing zoning. The property is developed and could be utilized in its present condition for a broad range of uses permitted under the existing zoning. g. Whether the proposed rezoning is ora scale which is reasonably related ro the needs of the neighborhood and the city as a whole. The subject rezoning and subsequent use of the property would represent a positive contribution to both the neighborhood and the city. / h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There ~re other properties along Federal Highway that have land use and zoning designations that permit this type of use. The applicant states that "no other (properties) have the atmosphere of this particular property.' o CONCLUSIONS/RECOMMENDATIONS Under normal circumstances, staff would oppose this proposed reclassification, since it bears many of the characteristics of spot zoning. In this case however, staff supports the rezoning given that the proposed use and intensity change is generally consistent with the recommendations of the Federal Highway Corridor Commuhity Redevelopment Plan, and since plan implementation will result in the consolidation of zoning districts and/or elimination of inconsistent districts and uses. This request is also consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan. It will be compatible with adjacent land uses and will contribute to the overall economic development and redevelopment of the Federal Highway Corridor and the City in general. Therefore, staff recommends that the subject request be approved. If conditions are recommended by the Community Redevelopment Agency Board or the City Commission, they will be included as Exhibit "B'. ATTACHMENTS V~CI'~MAI~N~i'~RDATA\PI~ming~Sia, a~,ED~WI~PROJECYS'~ ~ Priwess~P~nlr~rinc~sSt.~' ~'~..d~ LOCATION MAP EXHIBIT :'A" LI El:::: i ° !. Requested City Commission Meeting Dates [] March20,2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 200l (5:00 p.m.) April 18,2001 (5:00p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5,2001 [] June 19, 2001 [] July 3, 2001 X.I:-LEGAL ITEM B.2 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the June 5, 2001 City Commission Agenda under Legal - First Reading. This item was approved by the Commission during the Public Hearing held on May 15, 2001. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-080. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: A PINK PRINCESS Bradley Miller, AICP and Carl A. Cascio George and Marion Uhazie (Janet Kysia) 1120 South Federal Highway Request to rezone the subject + 0.73 acre property from Office Professional (C-1) to Neighborhood Commercial (C-2). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ' Clty Manager's Signature City Attorney / Finance / Human Resources \\CHhMA1N~SHRDATAkPIanning\SHARED\WPkPROJECTS\A Pink Princess\6-5-01 CC Agenda Request l st reading rezoning.dot SSBULLETIN~ORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF GEORGE E. AND MARION R. UHAZIE; AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM OFFICE PROFESSIONAL (C-1) TO NEIGHBORHOOD COMMERCIAL (C-2); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREA~, Bradley Miller, AICP, Miller Land Planning Consultants, Inc., as agents for the owner of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the of rezoning a certain tract of land, said land-being more particularly tescribed hereinafter, from Office Professional (C-1) to Neighborhood Commercial (C-2); and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE TI' ORDAI'NED BY THE Cl~TY COHHI~SSTON OF THE CTI'Y OF BOYNTON BEACH, FLOR.I~DA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: See Attached Exhibit "A" and the same is hereby rezoned Office Professional (C-1) to Neighborhood ~mmercial (C-2). A location map is attached hereto as Exhibit "B" and made a )art of this Ordinance by reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be ~mended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are lereby repealed. Section 4: Should any section or provision of this Ordinance or any )ortion thereof be declared by a court of competent jurisdiction to be invalid, such lecision shall not affect the remainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon )assage. FIRST READ1~NG this day of .lune, 2001. ~ECOND, FI~NAL READING and PASSAGE this ~ day of .lune, 2001. CTTY OF BOYNTON BEACH, FLOR[DA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) s:ca\Ord\Rezoning A Pink Princess LEGAL DESCRIPTION PARCEl, 1 · LOT l-A, LESS THE EAST TWENTY (20) FEET THEREOF, PI.AT OF LEE MANOR ISLES, - ACCORDING TO THE PLAT THEREOF RECORDED IH PLAT BOOK 24, PAGE 211, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE RIGHT-OF-WAY FOR STATE ROAD NO. 5, AS RECORDED IN OFFICIAL RECORDS BOOK 138, PAGE 229, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, .... -.. LEGAL DESCRIPTION PARCEL 2 A PORTION OF LOT 1, PLAT OF LEE MANOR I~I. ES, ~CCORDING TO THE. PLAT THEREOF ON FII..E IN THE OFFICE OF THE CL.ERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, LESS THE RIGHT-OF-WAY FOR STATE ROAD NO. 5, AS RECORDED IN OFFICIAL RECORDS BOOK 138, PAGE 129, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOI ! OW~: ~ , COMMENCING AT THE NORTHEA~TERL%' CORNER OF AFOREMENTIONED LOT 1; THENCE WITH A CURVE TO THE RIGHT ALONG THE NORTHERLY BOUHDARY OF LOT 1, HAVING A INITIAL TANGENT BEARING OF NORTH 89 DEGREES, 39 MINUTES, 35 SECONDS WE~T, A RADIUS OF 100.00 FEET, AN ARC LENGTH OF 35.02 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 40 DEGREES, 38 MINUTES, $0 SECONDS WEST, A DISTANCE OF 36.41 FEET TO THE POINT OF BEGINNING; THENCE WITH A BEARING OF SOUTH 0 DEGREES, 17 MINUTES, 31 SECONDS EAST, A DISTANCE OF 108.48 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 86 DEGREES, 02 MINUTES, 00 SECONDS WEST, A DISTANCE OF 204.32 FEET TO A POINT LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF U~ HIGHWAY :, AS NOW LAID OUT AND IN USE; THENCE WITH A CURVE TO THE RIGHT ALONG SAID EASTERLY RIGHT-OF-WAY UNE OF US HIGHWAY 1, HAVING AN INITIAL TANGENT BEARING OF NORTH 12 DEQREES..2~I MINUTES, 01 SECONDS EAST. A RADIUS OF 3769.83 FEET, AN ARC LENGTH OF 129.57 FEET TO A POINT OF COMPOUND CURVATURE; THENCE WITH A CURVE TO THE RIGHT HAVING A RADI~S OF 25.00 FEET AND ARC LENGTH OF 36.74 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 81 DEGREES, 20 MINUTES. 10 SECONDS EAST, A DISTANCE OF 65.18 ~:EET TO A POINT OF CURVATURE; THENCE WITH A CURVE TO T'HE RIGHT, HAVING A RADIUS OF 150.00 FEET; AND ARC LENGTH OF 83.48 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 49 DEGREES. 3S MINUTES, 50 SECONDS EAST, ~ DISTANCE OF 10.47 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. LOCATION MAP EXHIBI'~ "B" ! U : i M~EMORAN'DU'M NO. PZ 01-080 TO: FROM: THROUGH: Chairman and Members Community Redevelopment Agency Board Hudson. Senior Planner ~'~(J Dick Michael W. Rumpf Director of Planning and Zoning DATE: April 27, 2001 Project/Applicant: PROJECT DESCRIPTION / A Pink Princess/Janet Kysia Agent: Bradley Miller, AICP Mil/er Land Planning Consultants, Inc Owner: George E Uhazie & Marion R. Uhazie Location: 1120 South Federal Highway File No: Land Use AmendmentfRezonlng (LUAR 01-001) Property Description: Developed property located one-half relic north of Wootbright Road consisting of 0.73 acres classified Office Commercial (OC) land use and zoned Office Professional (C-I). The property is divided by SE 11~. Avenue. ,.The larger, southern portion of the property (26,029 square feet) contains the office building, and parking; the northern portion (5,.784 square feet) is vacant. The building, constructed ca. 1935 and included in the .City of Boy-nron Beach Historic Sites Survey as the Lee Manor Inn, has recently housed a real esr, ate ......... office, and prior to.that, a bank with a drive-thru facility..__; ....... 7" ..... ' ....................................... ": ..... ] 7.' _ 7.~.-..'.' '::~':" ":': ' Proposed change/use: To reclassify the subject property from Office Commercial (OC) to Local Retail ' Commercial ('LRC), and rezone from Office Professional .(C. 1) [o Neighborhood Commercial (C-2). .- Adjacent Land Uses and Zo.ing: North: Developed property classified as Office (OC) land use and zoned Office Professional (C-IL containing two single-story office complexes, Nrther north is the Boynton Worrmn's Club, one of the few properties in the city currently listed on the National Register of Historic Places. South: Develooed property classified as Office (OC) land use and zoned Office Professional (C-l), containing a combination of single- a.nd two-story condominium office complex. Further south is property containing a sit-down restaurant (IHOP) also classified as Office (OC) land use and zoned Office Professional (C-I). East: Parking and access for the property to the south onto SE 1 t"' Avenue, separating the subject property from uses located farther east. Then. developed property classified as Low Densiqq Residential (LDR) and zoned Single Family Residential with a maxknum density of 5.40 'units per acre (R-1AA) containing single-family homes (Boynton Isles). z, :- File Number: LUAR 014)O1 .. .' A Pink Princess West: Federal Highway right-of-way, then developed property classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3) containing, on the north side of SE I2~' Avenue, a gas station (currently closed), and on the south side, a convenience store (Kwik Stop), then a fast food establishment (Dunkin' Donuts). PROJECT ANALYSIS Chapter 163, Florida Statutes requires that in order for an amendment to the Future Land Use Map to qualify'as a "small-scale" amendment, the property must be less than 10 acres in' size. A %mall-scale' amendment can be adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional aj2, d local co~nprehensive plans. The subject property contains 0.73 acres, and therefore qualifies as a small-scale/'. amendment. The criteria used to review Comprehehsive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Iter~ C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether.the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling u'nir density ~rceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The plarming department shall also recommend limitations or requirements, which would have ro be imposed on subsequent development of the property, in order to comply with ~olicies contained in the comprehensive plan." According to the Comprehensive Plan Future Land Use Support Document, under the "Discussion of Supply and Demand for Con:n-nercial Land" the following is recommended: . :.' "The Future Land Use Plan which is proposed for the City and area to be annexed by the City will accommodate all of the anticipated demand for commercial land through build-out. Therefore, the City should not change the land use to commercial categories, beyond that which is shown on the proposed Future La~d Use PIan,'except for minor boundary adjustra~nts, small infill parcels, or commercial uses of a highly specialized nature, Which have special location or site requirements, and therefore cannot, be easily accommodated on already designated commercial areas", and Policy I. I9.6 of the Land Use Element reinforces the recommendation and reads: "The City shall not allow commercial acreage w,hich is ~eater ~an the demand which Ms been projected, unless it can be demonstrated that the additional corn.merciaI acreage would not requi-e the proportion of commercial acreage on the City's Future Land Use Map to exceed the proportion 0fcommerciaI acreage on the Palm Beach County Future Land Use Ma~. The City shall not allow commercial un/ess a parr/cuI~ =roperry is unsuitable for other uses, or a geo~aphic need ex/sts wh/ch cannot be fulfilled by exisfi.ng commercially-zoned prope,wy, the cornrnercial use would comply with ali other applicable comprehensive plan policies." The property for which the amendment is requested is within the city's hurricane evacuatiofl zone, however, the requested change involves commercial development a_nd will not increase residendM de~iq~. With reference to the recommendation and policy regarding &e increase of corrmaercia'l Page 3 C" File Number: LUAR 014301 A Pink Princess acreage, the property is already classified among the "Commercial" land use categories. The requested change is for an increase in intensity of use from C-l to C-2, rather than a change in use. bo Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual properry owner as contrasted with the protection of the public welfare. The proposed rezoning does introduce a new use, C-2, to the area; however, rather than creating an isolated district, it may be viewed as a transition between the existing C-1 commercial uses on both the north and south and the existing C-3 uses to the west across Federal Highway. The proposed use of the ! · site is compatible with surrounding uses and is not inconsistent with other uses in the Federal Highway corridor. c. Whether changed or changing conditior~ ma/ce the proposed r~oning desirable. The recent development of the Federal Highway Corridor Commuairv Redevelopment Plan may be viewed as changing conditions, since that plan recommends amendments to the current development regulations to encourage neighborh'ood-ser¥ing retail, particularly in this portion of the corridor that serves as the southern "gateway" to the downtown. The property is a par~ of a "node of commercial development" at the intersection of SE 124 Aveaue and Federal Highway. SE 12=~ Avenue is one of the few roadways crossing the FEC railway and connecting Federal Highway with Seacrest Boulevard. d. Whether the proposed use wouM be compatible with utility systems, roadways, and other public facilities. ' · :. The applicant has stated that the approval of this application, w_fl..l..not seiwe to increase .demands on either the potable waier or sanitary sewer Iev'~l~_of se'/'i'i'ce 6r systems. :.Palm Beach Cotinty has reviewed the traffic study fo~ this project and has ~ietermined that the inc}~a§e in daily m..'"ps by an average of 379~'trips meets the Traffic Performance Standards of the County. With ~?esPect to solid waste, the Solid Waste Authority has stated, within a Ie=er dated January 8, 2001, that adequate capacity exists to.accommodate .... · the county's municipalities throughout the 10-year planning period. Lastly;"drainage infrastructure is already in place and no change is anticipated for the project. ,. . e. Whether the proposed r~oniJg would be c~>rrq~atible with the Citrrent amt~re use of adjacent and nearby properties, or Would affect the property values of adjacent or nearby properties. T'ae applicant proposes to use the existing structure to house a girls' boutique, selling clothes, dolls and gifz items. The structure is listed in the city's Historic Sites Survey as a property with potential for National Register nomination, as indicated in the survey. Its continued use and maintenance will help to preserve this "fine example of the development of the city during the DepressiorffNew Deal Era." The statements of impacts to the infrastructure provided by the applicant indicate that the proposed use will only minimally increase traffic and will not increase demands for other city-provided utility services. It should be noted, however, that a range of commercial uses are pe,wn, irted %y-right" under the C-2 Neighborhood Commercial zoning. The uses include small retail stores containing up to 5,CQO square feet and selling merchandise that ranges from furniture and antiques to automobile parts and marine.~, hardware.. 2~ ,- '* Page 4 File Number: LUAR 01-43Oi A Pink Princess f Whether the property is physically and economically developable under the existing zoning. The property is developed and could be utilized in its present condition for a broad range of uses permitted under the existing zoning. , g. Whether the proposed rezoning is ofa scale which is reasonably related to the needs of the neighborhood and the city as a whole. The subject rezoning and subsequent use of the property would represent a positive contribution to both the neighborho~xl and the city. / h. Whether there are adequate ares elsewhere in the city for the proposed use, in districts where such use is already allowed. There ~re other properties along Federal Highway that have land use and zoning designations that permit this type of use. The applicant states that "no other (properties) have the atmosphere of this particular property." CONCLUSIONS/RECOMMENDATIONS Under normal circum.stances, staff would oppose this proposed reclassification, since it bears ma~y of the characteristics of spot zoning. In this case however, staff supports the rezoning given that the proposed use and intensity change is generally consistent with the recommendations of the Federal Hizhwav Corridor Commuhity Redevelopment Plan, and since plan implementation will result in the consolidation of zoning districts and/or elimination of inconsistent districts and uses. This request is also consistent with the intent of the Comprehensive Plan; will not create additional impacts on kffrasrructure that have not been anticipated in the Comprehensive Plan. It will be compatible with adjacent land uses and will conn:ibute to the overall economic development and redevelopment of the Federal Highway Corridor and the City in general. Therefore, staff recommends that the subject request be approved. If conditions are recommended by the Community Redevelopment Agency Board or the City Commission, they will be included as Exhibit "B' ATTACHMENTS LOCATION MAP __iL i EXHIBI'IZ ;'A" EC I :