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Agenda 01-18-00January18, 2000 CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. OPENINGS: Appointment To Be Made Call to Order - Mayor Jerry Broening Invocation - Reverend Rick Riccardi - Police Chaplain Pledge of Allegiance to the Flag led by Vice Mayor Henderson '1~llman D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption ADMINISTRATIVE: Appointments to be made: Length of Term Board Expiration Date IV Tillman Mayor Broening III Sherman Mayor Broening II Denahan [II Sherman III Sherman Mayor Broening IV Tillman I Weiland Mayor Broening III Sherman Children & Youth Advisory Board Children & Youth Advisory Board Children & Youth Advisory Board Alt 1 yr term to 4/00 Stu/NonVoting 1 yr term to 4/00 Reg 2 yr term to 4/01 Bldg. Board of Adjustment & Appeals AIL Bldg. Board of Adjustment & Appeals Alt i yr term to 4/00 Iyr term to 4/00 Code Compliance Board Alt 3 yr term to 9/00 Community Relations Board Community Relations Board Community Relations Board Reg 3 yr term to 4/01 Alt 1 yr term to 4/00 Alt i yr term to 4/00 Golf Course Advisory Committee City Alt 5 yr term to 6/01 Planning & Development Board Alt Tabled (2) Recreation & Parks Board Tabled (2) ANNOUNCEMENTS & PRESENTATLONS: A, Announcements: 1 yr term to 4/00 Tabled (2) Alt 1 yr term to 4/00 TNT Concert - January 21, 2000 from 6:00 p.rn. to 9:00 Oceanfront Park - "ClocloNork" (Top 40s) Agenda RegularCityCommission 3anuary18,2000 "Breakfast in Boynton & Green Market" - Saturday, .lanuary 22, 2000 from 8:00 a.m. to 11:30 a.m. - Library Lawn Fluoridation Public Hearing - Wednesday, January 26, 2000 @ 6:00 p.m. in Commission Chambers B, Presentations: Proclamations: a. "Four Chaplains Celebration" - Sunday, FebruaFy 6, 2000 :LV. 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 subiect to staff comments. A. Minutes: Agenda Preview Conference of December 30, 1999 Regular City Commission of January 4, 2000 Bids - Recommend Approval - All expenditures are approved i~ the 1999-2000 Adopted Budget Award the bid for "ANNUAL REQU:[REMENTS FOR BULK FERTILIZER" to Howard Fertilizer, Inco with an annual expenditure of $63,300 Approve the purchase of a GROUNDSMASTER TRACTOR/MOWER 32§-D WITH OPTIONS utilizing a GSA Contract with an award to Hector Turf, Inc., in the amount of $16,920.82 Approve the piggyback of Palm Beach County Bid #2000071 to Ranger Construction Industries, Inc. for the resurfacing of certain City streets with an estimated expenditure of $163,044 C. Resolutions: Proposed Resolution No. R00-06 Re: Authorizing the execution of a 36-month contract with East Coast Golf Ball company for the purpose of retrieving golf bails fromthe lakes at The Links at Boynton Beach Proposed Resolution No. R00-07 Re: Appointing the Palm Beach County Supervisor of Elections to handle and canvas all City absentee ballots for the March la,, 2000 General Election, represent the Municipal Agenda Regular City Commission 3anuary 18, 2000 Canvassing Board at all Logic and Accuracy tests, and certify electio~ results Proposed Resolution No. R00-08 Re: Confirming the appointment of Peter Wallace as Director of Information Technology Services D. Ratification of Planning & Development Board Action: INTENTIONALLY REFERRED BLANK Approve payment of invoices for annual software technical support and maintenance from H.T.E., Inc. of Lake Mary, Florida, in the lamount of $87,748 for the period of .lanuary 1, 2000 through December 31, 200Q Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted and allow the selling of same Approve payment to Lawnscape Company Inc., a Stalte Department of Transportati(~n contractor, in the estimated amount of $45~000 to provide the installation of an irrigation system for the Boynton Beach Bqulevard landscaped medians from Old Boynton Road to Congress Avenue and a~pprove payment to Gardner Irrigation Design for the estimated amount of $3,.g.00 to provide the ~rrigation system design for the Boynton Beach Boulevard medians CITY MANAGER'S REPORT: VI. PUBLIC AUDTENCE: TND~DUAL SPEAKERS WZLL BE LIMITED TO 3-MI'NUTE PRESENTATIONS VI'T, PUBLZC HEAR/NG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERM/TS Project Name: KENMONT Agent: Diane Hileman, Esquire Owner: Mr. Ods W. Walker Location: 707 NW 3ra Street Description: Request for abandonment of that alley segment that abuts 707 NW 3rd Street Project: Agent: Location: Description: Lowe's Home Center Robert E. Basehart, Basehart Consulting, In~:. Southwest: corner of 1-95 and Woolbright Read Reques~ conditional use approval For the construction of a 135,197 square Foot home improvement store with a 48,472 square Foot garden center on 15.27 acres Agenda Regular City Commission 3anuary 18, 2000 VIII, IX, Project Name: Wal-Mart POSTPONEMENT REQUESTED BY APPL?CANT Agent: ]. Robert Bray, Assistant Vice President of Real Estate, Wal-Mart Stores East, Inc. Location: Northwest corner of Winchester Park Boulevard & Boynton Beach BouJevard Description: Request for abandonment of two (2) segments of special purpose easement rights-of way totaling approximately 0.5 acres Project Name: Wal-t4art POSTPONEMENT RE{~UESTED BY APPL?CANT Agent: ]. Robert Bray, Assistant Vice President of Real Estate, Wal-Mart Stores East, Inc. Location: Northwest comer of Winchester Park Boulevard & Boynton Beach Boulevard Description: Request for abandonment of three (3) segments of street rights- of way totaling 0.13 acres BIDS: None DEVELOPMENT PLANS: None NEW BUSINESS: Approve Special Event Permit for American Lung Association 8~n Annual Duathalon event on Narch 26, 2000, subject to tent inspections by City officials 2, Request for funding from Boynton Beach Faith Based Community Development Corporation LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEAR/NG Proposed Ordinance No. O00-0t Re: Adopting amendments to the Comprehensive Plan based on new changes in the Growth Hanegement Law, Chapter 163, Florida Statutes, to revise an~J update the existing objectives, policies, data and analysis of the Tntergovernmental Coordination Element and the Future Land Use Element B. Ordinances- 1s~ Reading 1. INTENTIONALLY LEFT BLANK Agenda Regular City Commission 3anuary 18, 2000 C. Resolutions: None D. Other: Presentation by Kilday & Associates regarding modifications to the Stipulation/Settlement Agreement and Declaration of Covenants/Restrictions affecting Alhambra Square North XTI. UNFINISHED BUSINESS: Review and Consideration of the pre-application(s) received, for submittal to Palm Beach County, Department of Economic Development, dnder the Round IIT Core Grant Program ('rA~'£~D 7'O.IA~fI, IA,~Y'_I,~z~,) B. Report by Commissioner Ron Weiland regarding negotiations with the County C. Pond "B" Update - Assistant City Manager Dale Sugerman Reconsideration of Resolution No. R99-166 regarding the contract for purchase and sale of real property between the City of Boynton Beach and the Town of Ocean Ridge and Resolution No. R99~167 regarding an Interlocal Agreement between the City of Beynton Beach and the Town of ocean Ridge providing for cooperation between the parties concerning the use of the Boynton Beach Oceanfront Park and the parking facitiUes at the Ocean Ridge Town Hall Y~II. OTHER: X_,-V. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DEC]SiON MADE BY THE CITY COMMISSION WiTH RESPECT TO ANY MA~'~R CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBA~M RECORD OF THE PROCEEDING tS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UFON WHICH THE APPEAL IS TO ~E BASED. (F,S, 286.0105) THE C~TY SHALL FURNISH APPROPRIATE AUXILCqRY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WiTH A DISABILITY AN EQUALOPPORTUNTrYTOPART£CIPATEINANDEN]OYTHEBENEFiTSOEASERVICE~ PROGRAM~ ORACTiVITYCONDUCTEDBYTHECITY. PLEASE CONTACT 3OYCE COST'EM.O, (56~.~ 742-60~.3 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAH OR ACTIVIT~ IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. FTNAL AGENDA - 01/14/200010:38 AM 3:\SHRDATA\CC\WP\CCASENDA~,GENDAS\OI ~.8OO.Doc 3MP TII-ANNOUNCEMENTS & P RESENT ATT OffS . .ZTEH B.l..a. WHEREAS, February 6, 2000 will mark the 57th Anniversary of the sinking of the troopship SS Domhester, which carded to their deaths four Chaplains of~three faiths who stood united in prayer as the ship went down; and WHEREAS these four Chaplains, Roman Catholic, Jewish and Protestant~gave their own life jackets to four soldiers and thus sacrificed their own lives to save the lives af others; and WHEREAS, it is fitting at a time when the freedom of the wodd is impedted that the City of Boyr~ton Beach, Flodda should give special recognition to the memory of those who sacrificed their lives for the cause of freedom: and WHEREAS, the heroic deed of the four Chaplains and their ~omblned act of supremedemtJon and sacdflce for Amedcan liberty and human freedom will be an inspiring and ever-shining example of real brotherhood for alltime to the people of the wodd; and WHEREAS, we must all see to it that their supreme sacrifice to the common cause of [reedom and justice for all shall not have been in vain. NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Rodda, hereby proclaim Sunday, February 6. 2000 to be observed as: FOUR CHAPLAINS SUNDAY And call upon all our citizens to commemorate the day with approDriate observances i~ public places and by preyers in their homes and houses of worship. IN VVlTNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Flodda, to be affixed at Boynton Beach, Ftorfda, this 18th day of January, Two Thousand. ATTEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) -- Boynton Veterans Council American Legion Posts 164 & 288: Jewish War Veterans Post 440: Military Order of the Purple Heart Post 687: Veterans of Foreign Wars Posts 5335 & 10150: Sons of the American Legion Post 164 9525 Majestic Way Boynton Beach, FL 33437 December 20, 1999 Gerald Broening, Mayor Mr~ Wilfred Hawkins, Interim City Manager SUe Kruse,~City Clerk~ Henderson Tillman,~Vice Mayor Ronald we and, C~mm ssioner Nellie Denahan Commissioner Wi iiem Sherman. CommiSsioner Boynton Beach City Hall 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Please forgive the memo format of this note. The Boynton Veterans Council has no secretary or volunteer secretary. The Boynton Veterans Counc w be ho dng our Four Chap a ns Ce ebrat on on Sunday, February 6th 2000 at 7:00 p.m. This year the program will be at the Boynton Beach Congregational United Church of Chdst. The address is 115 N. Federal Highway, which is immediately south of Boynton Beach Boulevard on Federal Highway. This program launches ~Brotherhood Month". It would b~ ~es~ ~i~~~Procl~r~,~.i~ Iq~of~this ~eat. Mayor Broening is invited to present the Proclamation at this program. We Would be greatly honored if me~bers of the City Council attended. You will be intr~ocluced to the attendees. All are encouraged to bring their spouses and children with them. Afte~vards, a dessert collation will be served to all attendees. Please join us in this repast. Sincerely yours~ Gerald Levine, Chairman 9525 Majestic Way Boynton Beach, FL 33437 561-734-0301 e-mail: gerrymega@AOL.com IV-CONSENT AGENDA ITEM B. 1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Eommisston Mee~in~ Dates [] November 16, [999 [] DecemberT, 1999 [] December2[, 1999 [] January 4, 2000 Date Final Form Must be Turaed Requested City Comn'dsmon in to City CI~k's Office Meetin~ Dates November 3, 1999 (5:00 p.m.) [] January 18, 2000 November 17, I999 (5:00 p~m.) [] February 1, 2000 December 8. 1999 (5:00 p.m.) [] Februmy 15, 2000 December 22. 1999 (5:00 p.n~) [] March 7. 2000 Date Final Form Mus~ be Turned ihto City Clerk's Office January 5, 2000 (5:00 p.m.) January tg, 2000 (5:00 p.m-) February 2, 2000 (5:00 p.rm) February 16, 2000 (5:00 p.ro.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished_ Business [] Announcement [] Presentation RECOMMENDATION: A motion to award the bid for '~ANNUAL REQUIREMENTS FOR BULK FERTILIZER" to HOWARD FERTILIZER, INC. with an annual expenditure of: $63.300.00. "ANNUAL REQUIREMENTS FOR BULK FERTILIZER" BID#023-2910-00/CJD, to be ordered on an "As Needed" basis. The Tabulation committee recommends an award be made to: HOWARD FERTILIZER COMPANY, INC. of Orlando in the estimated expenditure of: $63,300.00 to the lowest, most responsible. responsive Bidder who meets ali specifications (See Tabulation Sheet attached). CONTRACT PERIOD: JANUARY 19, 2000 TO JANUARY 18, 2001 Procurement Services requests Commission's review, evaluation and award approval. EXPLANATION: The ~urpose of this bid is to secure prices for Bulk Fertilizer for the Municipal Golf Course for one (1) year. On December 30, 1999, Procurement Services opened the above mentioned bid an~l received three (3) bids. The evaluation factors used in determining the award was based on price in their respective categories. Per memo attached from Dan Miller, Golf Course Superintendant, concurs with this recommendation for awarding this bid to the lowest, most responsive, responsible bidder. PROGRAM IMPACT: FISCAL IMPACT: BUDGET ACCOUNT~ ~[1-2911-572-5219 ESTIMATED EXPENDITURE: '$63,300.00 ALTERNATIVES: Deputy Finale D&r~or Procurement Services Date Departmem Name  ity'Mana~er's Sigm~ture City Attorney *F/nance / Human Resources Date: :114/2000 /~,~ ~.~ To'. 'J°e SciorlJno,, Master Professional, Golf Directo~ . (.¢')~/?~/..~ ~ ../)' From: Daniel F. Miller, CGCS, Golf Course Supednten~qt ~ RE~. Bulk Fert. Bid Recommendation I recommend we award the~bulk fertilizer bid to Howard Fed_ C0., as they were the Iow bidder. Their bid for bulk 15-5-15 wi Pons'tar wes $740.00 per ton, bagged 15-5- 15 w/Ronstar was $770.00 per ton and bagged 15-5-15 without Ronstar was $296.00. One of the other bidders was Golf Ventures who did not include the D.D.R. test results making their bid incomplete. Harretls Fert., the third bidder, pdcas were $802.00 for bulk 15-5-15 w/Ronstar, $826:00 for bagged 15-5-15 w/Ronstar' and $351.00 for bagged~ 15-5.15 without Ronstar. The 21-3-20 fertilizer on the bid is no longer economical and will be removed from the bid next year. Daniel F. Miller CGCS oO ~o ~ ~ ~z zz ~ ~ mm ~z ~o ~~ ~0 ~ ~?zmm O~ z < 4 ~ ~0~ -- Zv~ > ~ZX-- ~ 0 Z ~0~ ~ ~o~b9 om ~ 0 ~ ~ z c ~z ~ N C ~0~ > ZH ~ m .~.00 CZ 7 .mm N m ~00 iTIFn Z~Z m IV-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEACH -- AGENDA ITEM REQUEST FORM Requested City Commissio~ Meeting Dates [] November 16. I999 [] December7, 1999 [] December~l. 1999 [] January 4, 2000 NATURE OF AGENDA ITEM Date Final Form Must be Turaed ia to C'itv Clerk's Office November 3, 1999 (5:00 p.m.) November 17, 1999 (5:00 p.r~) Decamber 8, I999 (5:00 p.m.) December 22, 1999 ~5:00 p.m.) [] Hdministrative [] Consent Agenda [] Publ/c Hearing [] Bids Requested City Commission Meetin~ Dates Dat~ Final Form Mus~ be Turned in to Ciw Cl~rk's Office Jtmua~ 5, 2000 (5:00p.m.) Janumy I9, 2000 (5:00 February 2,2000 (5:01~ p.m.) February 16, 2000 (5:00 p.m.) Legal Unfinished Business Presentation MOTION to approve the purchase of a GROUNDSMASTER TRACTORfMOWER 325-D WITH OPTIONS utilizing a GSA Contract with an award to HECTOR TURF, INC., in the amount of $16,920.82. RECOMMENDATION: Procurement Services received a request from FLEET SERVICES/PARKS DEPARTMENT for the PURCHASE of VEHICLE/EQUIPMENT uffiizing GSA CONTRACT #GS-07F-8722D - ONE (1} NEW GROUNDSMASTER TRACTOR~WIOWER 325-D WITH OPTIONS, awarded to HECTOR TURF, INC. of Deerfield Beach, FL, in the amount of $16,920.82. Procurement Services requests Commission's review, evaluation, and purchase approval utilizing GSA Contract #GS-07F-8722D. EXPLANATION: This purchase is for a Groundsmaster 325-D BASE UNIT SIN-NO. MODEL NO. 341-6B 30788 Groundsmaster 325-D $12,731.56 OPTIONS SIN-NO. MODEL NO. 341-5A 30716 72" Guardian Reeycler 3,520.44 341-25 30772 Deluxe Suspension Kit 415J80 341-25 30709 Seat Adapter 66.99 341-25 24-5780 Rear Weight Kit 186J03 TOTAL $16,920.82 FISCAL IMPACT: BUDGET ACCOUNT 501-2516-519-64.30 Vehicles/New BUDGETED FUNDS $18,000.00 PROGRAM IMPACT: The '99-00 Budget approved the purchase of this tractor/mower under "Replacement Vehicles,; thereforecfunds are being transferred into:"New Vehicles~'. Daparanent Name Date City Attorney/?inance / Human Resources ktr/ cc: Bob Lee, Fleet Services John Wildner, Parks Diane Reese, Finance DJ.rector File TO: VIA: FROM: DATE: SUBJECT: PUBLIC WORKS DEPARTMENT MEMORANDUM #99-238 Lana Koester, Purchasin~ Agent Chris Roberts. Interim Public Works Directo(.,~/~ Robert H. Lee, Fleet Administrator December 22, 1999 Vehicle (Equipment~ Purchase RECEIVED -PO ~/CoJqA$1 N G DEPT. Listed below is a departmental request from the Parks Department for new ve~icle (equipment}. Please note that the budget account number for this new vehicle is 50t-2516-~19-64-30: also refer to copy of the budget transfer. Hector Turf. Inc. 1 - Groundsmaster 325-D with options Based on GSA Contract #GS-07F-8722D New vehicle Budgeted Amount: $18,000.00 Actual Cost: $16,920.82 ($1.079.18 under bud get) Please contact me if you need any additional information in order to make the next agenda for Commission Approval. Requisition '#6425 is in the system and is pending approval. PLfRHL/pl Attachment o © ~o ~o ~o oo ~o ~ ~o ~o ~o ~o ~i~ o~= o=o o~o o~o DO000 00000 00000 g 02/Z5/~994 08:~Z 56~3756222 F~ CT¥ ~OYNTOb BCH =~GE 8~ GSA ~S012 F~ On-Linc access to contract ordering create an electronic delivery order is available The INTERN-ET address for ( 1996 ,2001 up-to-dale pricing, ~.nd the option a menu-dqved database system 82/15/1954 88:11 PW CTY BOYNTON BCH PAGE 02 3&L-~C 30~9 3%1o6D 30795 ]41-5~ %4590 341;5A 30710 341-5A 30~22 ~ 341-5A 30916 341-25 30~50 3%1-25 30757 341-11D 341-25 4%S35 341-25 44910 341-25 30~08 341-25 30772 341-25 30709 24-5790 34I-2~ 11-04%0 341-25 30707 341-25 30677 .-341-25 11-0390 3%1-25 76-1840 341-25 62-7020 34~-25 69-9870 341-25 76-0900 341-25 12-1509 341-25 93-5973 341-25 93-5974 341-25 72-~74~ 341-25 92-9075 ~41-25 30733 CONTAACT N~E~ GS~0?F ~ DE~C~IPTI0~ 72" Side Diechmr~e Cu= Unit ~2.~uaxdianRecycler GR0~I~D~ ~00 A~A~S 48" De~is ~l~r Kit 2~70 (~00} ~o~ ~lower 150 11,~53.28 15,069-28 3.2L0.90 ~,984,52 3 106.95 / 3.520 861.63 %21.57 1,701.31 282.97 3,021,q8 (m0m~DS~ST~- 300 sg~g$ 415.80 Cu~hlon* Seat . - seaC~Cor (Ke~ W~30~72 ~ ~I ~00~) 90.63 ~r Weigh~ Ki= (1 ~51b Weigh~) Re~w~gh~ Ki~ C2 351b ~0~~ 300 S~EB OPTIO~ ACCESSORIES 98.55 e~ Co~ro~'Kx~ 70 7~ S~ ~9--~ ,For ~ls 30223,30~4~,302~%) 74.70 Tire'~ (Re~.-.30T~}.~ 5 12 134.26 m lv ~ide Tire ~/R~S z~x~v- J~ck P~ K~ (FO~ ~uv a~.~ · 30-40 ~o~ F~lle~ 10 CaS=er . ~ 90.69 Fo~ Fil~ed.8" Castor T~re ~78 14 4 ~eel Dr~ Sh~t (serlal% ~0273 ~d Newer) 126.11 ~ ~el Dri~ Sh~fC ~it (geri~l~ ~0272 ~ Be~o~e) .... Deck B0~22 ~t~o~l ~oess~ies ................... 575.19 ~a~ ~1~ (For 30722} ~i~h Lift Blade pRxC~S ~OTED ~OB DESTZNAT~ON~T~I~ THE 48 CONT~G~OUS STATES, WASHINGTON DC, OR ~E~T PORT OF E~T~ON FOR OVERSE. A~ SH~ PAGE IV-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM AGENDA ITEM REQUEST FORNs Requested City Comm/ssion Meeting Dates [] November 16. 1999 [] December7, I999 [] December21, 1999 [] January 4. 2000 Date Final Form Must be Turned Requested City Commission in to City Clerk's Office Meetin~ Dates November 3. [ 999 (5:00 p.m.) [] }'anuary 18, 2000 November 17, 1999 {5:00 p.m./ [] February I, 2000 December 8, t999 (5:00 p.m.) [] Febraary 15, 2000 December 22, 1999 [5:00 p.m.) [] March 7, 2004) Dat~ Final Form Must be Turned in to Ciw Clerk's Office Ianuary 5, 2000 (5:00 January 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) February 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmishe~Business [] Announcement [] Presentation RECOMMENDATION: MOTION to approve the "piggy-back" of PALM BEACH COUNTY BID #2000071 to RANGER CONSTRUCTION ENDUSTRI~S, INC. Cot the resuffacing of thc select Cit~ sU:eets with an estimated expenditure of $163,1}44. EXPLANATION: Procurement Services received a request from PUBLIC WORKS/ROADS AND STREETS division for ASPHALT RESURFACING OF SELECT CITY STREETS requesting to "piggy-I~ack" the PALM BEACH COUNTY BID #2000071 (contract period: October 5, 1999 through October 5, 20.00.) awarded to RANGER CONSTRUCTION INDUSTRIES, West Palm Beach, FL., with an esfimnted expenditure of $163,044. Procurement Services requests Commission review, evaluation and "piggy-back" pumhasc approval. PROGRAM IMPACT: Utilizing the County bid will allow for timely resuffacing of City streets. FISCAL IMPACT: F(mds are available in the Local Option Gas Tax as follows: BUDGET ACCOUNT 104-2512-541-63-08 Street Improvements BUDGET ALLOCATION $165,200 ALTERNATIVES: Deputy Finance Director Procurement Services Department Name City Manager's Signature City Attorney / Finance / Human Resources S:kBULLETIN~ORMS'AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNT()N BEACH AGENDA ITEM RE()UEST FORM cc: Diane Reese Chris Roberts George Mantell File S:XBULLETIN~ORMS~.GENDA ITEM REQUEST FORM.DOC PUBLIC WORKS DEPARTMENT MEMORANDUM ~99-2.31- Updated TO: VIA: FROM: DATE: SUBIECT:. Bill Ark/ns, Deputy Finance Director Chris Roberts. L~erim Public Works Director George MantelL. Roads ,~ Streets Supervisor ~. December 14, 1999 Annual Project,for Asphalt Milling & Resurfacing I would like W piggy-back the Palm Beach County Bid #2000071 effectiVe October 5, 1999 to Octo..b~r 5, 2000 for the re. sUrfacing of thc streets listed on the attached Resuffacing List. I hnv~ attached a copy of the County's bid with their award tether and the bidder's tab sheet. The account number for this project is 104-2512-541.63-08 with a bua§et~cl amount of $165,000. Anticipated expend/mm of this project is $ t 63,044. Please contact me if you need any additional information approval. PI_/CnM/pI ~o,~9.,~ fo r ComnUss~on Attachracnts Copy: Wilfred Hawk/ns, Interim City Manager wi Re. surfacing List only Dale Sugerraan. A~ish~nt City Manager w/Resurfacing List only HOE NOiN~3~ TO: VIA: FROM: SUBJECT: -_-_ PUBLIC WORKS DEPARTMENT MEMORANDUM # 99-231 Lana Koester. Purchasing Agent Chris Roberts, Interim Public Works Director George Mantell, Roads & Streets Supervisor Annual P~oject f~i'Xs~l~ait Millirig& :Resurfacing RECEIVED 1999 I would like to piggyback the PaLm Beach C6untyBid #2,000071 effective October 5. 1999 to October 5, 2000 for the resurfacing of the streels listed on the attached Resurfacing List. t have attached a copy of the County's bid with their award letter and the bidder's tab sheet. The account nUmber f0r this prQ~et is ~w~th,a budgeted amount of $165 ..... :Antmlpated expenditure of this proJeCt ~s $163,044. Please contact me if you need any, additional .information in preparation for Commission PL/GM/pl Attachmentb Copy: Wilfred Hawkins, Interim City Manager w/Resurfacing List only Dale Sugerman, Assistant City Manager w/Resurfacing List only Depamnen~ of E~gineerlng ~nd Public Work.5 ~0, Box 21229 hlm Beach County Board of Couflzy Maude Ford Le~ Chair Varren H. NewelL Vice Chaitrna~ ~arol A. Roberts Mary McCarty Tony Masiloai County Administrator Robert Weisman October 21, 1999 Mr. Michael Slade Ranger Co~str~iOn indfi~tries, :Inc. 101 Sansbury's Way West: Palm Beach, FL 334~.1 RESURFACING- i S, 2000 county 684~4070. Senior ~e , Engine~. Engine~n~,"~ices Divi.~o n ttachrr~n~s. - pc only: Charles W. Rich, P.E., Director, Engineering Services Div. Rob~c~ Carfagno~ Administrative Services, Eng neering ~ol~fi,Dai.ne, Chief'.Dephty Clerk, Finance ~-rwit[.]aco..bowitz, Contra~ Dev~ opment and Control pc w/A~chments: Charles Walker, P.E., DireCtor, Traffic Div. ~.ames Snelgrove, Director, Road and Bridge D v. Ray Boyn~e, Road and 8ddge'Div. Dennis'Eshelman~Dire~:tO~ Parks and Recreat on Dept. Gary Dernlan, P.E. i, DireCtbr, Water Utilities Dept Audrey Wolf, Director~ Facilities, Development Oper. Dept. Bruce Pelly, Director, Dept of A rports flee to contact F:\ENG_SER~2Q0005 l_ntp-mslade~rangecwpd . ASPHALT MILLING AND RESURFACING CONTRACT UNIT ITEM PRICE ~ I 120~000 SM , _ $0.'48 ', $57~600;00 M LL EX[~T. ASPH. PAVEMENT() M LL EX[~.,,ASPH,-PAVEMENT (1 1/2 ) ~C ~EE3'(<50'TON ORDERS) '100 '~ _;TN" $52;00 .... :)TES: 1. The item, Pavement Waterproofing conform to section 518 of the F Bridge minus 0.03 gallons per square yard. 2. The item otherm ng depthsare Increments. P-2 PROIECT FILE Agendaltem #: PAL~ BEACHCOUNTY BOARD OFC0~NTYCOMMISSIONERS AGENDAITEM SUMMARY 3'-C- 8 Meeting Date: October 5, 1999 {X} Consent { } Regular Department: Engineering & Public Werks {}Ordinance { } Public Hearing Engineering Services Project #00051 1. EXECUTIVE BRIEF_ Motion and Title: STAFF RE COMMENDS MOTION TO APPROVE: A Contract not to exceed the total value of $3,175,000 for thee task orders which may be issued to Ranger Constru~Ct!on Industries;, lnG., the lowest respons ve bidder, for the Annual Asphalt Milling & Resurfacing'Cbn~ract. Summary: The Annual Asphalt Milling & Resurfacing Contract consists of pavement milling and resurfacingCouaL-yw~de. Minority/~omenBus~neesEnterpt~ises (H/I, rgE) goalswere established by the Goal Sett~g Corem ttee at 4 ~ of the overall contract amount. The Iow bidder, Ranger Construction industries, inc., achieved 4.1% overall with I 1% women and 3.0% Hispanic participation. A copy of the ~ontract and supporting documentation is available for review at the Office of the Cbunty Engineer. District: County~-ide (ME) Background and Justification: Bids were received by the Board of County Commissioners on Tuesday, July 27, 1999. itemswithin the bid take into consideration differen~t geographic locations, different project sizee,,and adjustments for various structures such as manholes and valves ~o~nd in areas; to be milled and resurfaced. The contract is for one year and is re-advertised on an annual basis. Attachments: 1. Contract (C~t, C-2, & C-3) 2. Bid Tabulation 3. M/WBE Compliance Review Statement Recommended By: Approved By: Division Director Count~Engineer Date Dat~ Il. FISCAL IMP_ACTANALYSIS A. Five Year Su~ ~n~la~ of Fisca Fiscal Years CaPi~I Expe;d~tures ~ernal ReVenues P r0g~Pgp~e~[Co u nW) In-Kine M~h 2001 2002 2003 2004 Yes X No __ 3b, Ject __Reporting Category __ B. R~.e~or~en;te~ Source,;of Funds/Summary of Fiscal Impact: ROAD & BRIDGE DIVISION $ 2,700,000 $ 100,0oo $ 25,000 $ $ ~185.000 AIRPORTS DEP. ARTMENT $ 100,000 TOTAL......,.......; ............................................................. $ 3,175,000 B. Legal Sufficiency: ~" Assistant C~u n(7 Atto~ey / IlL REVIEW COMMEN;I'S OFMB Fiscal and/or Contract Administration Comments: t/ ~'1/ I ~,~ Other Department Review: Department Director This summary is not to be used as a basis for payment. Z Au~us~ 22, 1999 ~nha.rles w.,R~cn, P.E., Director g~n~ering Ser'~ices Division Charle, Collins II, Direc~o~ 0ff~Ce Of Office of S~ll ~u~i~es~ta~ce ~len F. Gray, .Ccmuliance Specialis~ ar~icipa~0n on ~ ~ve.~ed LOW Bidder: Bid Opening: Bid Amount: Coal: Goal Reached: Ranger Conshruc 101 Senebux~'w~ Wes~ Palm B~ach ~I) 7~3-~400 July 27, 1999 $ 2,984,580.00 4,04 Overall 4.14 Ore=all 33416 E.M. Brandon, Inc. $ 34135~.00 I. 15 % ~ill-I~ Corp. ~hcne: Bid Amount: Goal Reached: $ 91,000.00 2350 S. Congress Avenue Delray Beach, ~L 3344~ (561) 278-0456 $ 3,308,0~5.00 4.2~ Overall 3.04% Mill-It Corp. Almazan B~9=hers $ 75,000.00 n & a. $co=~ $ 35,000.0~o 2.~7% 0.90% 3 .~7~ 1.06% $ 140,.4000~C 4.20% The iow bidder. ~au~er¢onstruc=~on Industries, has met the M/WSE requirement for this project. ¢c: Ta~=~ Fields, Assistant County Attorney 'rv-cDNSENT AGENDA CITY OF BOYNTON BEACE ITl:bl C.1 AGENDA ITEM REQUEST FOlx v, [] November t6, 1999 [] December7, 1999 [] December 21. 1999 [] Januavj 4,2000 Requested Ci~ Commission Date Final Form Must be ;Fumed Me~tin~ Dates in to City Clerk's Office November 3, 1999 (5:00 p.m./ November 17. I999 (5:00 December $, 1999 (5:00 p.m.) December 22, 1999 (5:00 pan.) NATURE OF AGENDA ITEM Requested City Commission Date Final Form Must be Turned · Meeting Dates in to City Clerk's Office [] January 18, 2000 January 5, 2000 (5:00 p.m.) []~ February.1 2000 4anuary I9, 2000 5:00 p.m.) [] February i5, 2000 Febr~ary2,2OOO(5:OOp.m.) [--]: March 7. 2000 Feb?ary I6. 2000 (5:00 p.m.) / [] Administrative --] Developr~ent Plans [] Consent Agenda [-- New Bus/ness [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentati?n RECOMMENDATION: Enter into a thirty six month contract with East Coast Golf Ball Company for the purpose of retrieving golf balls from the lakes at The Links at Boynton Beach. EXPLANATION: When the previous bid expired in July, 1999, Second Chance, the contractor awarded that bid, did not wish to extend the terms. The contract was rebid in October, 1999 with a minimum bid required of $10,000 and no bids were received. We were advised by these vendors that the terms were too high for them to pay given the current state of their market for used golf balls. We reduced the minimum bid requirement from $10,000 per year to $6,0011 per year and sent it out for competitive quotes. We received one proposal from East Coast Golf Ball Company in the amount of $3.500 cash and $3.240 in used golf balls for resale in the pro shop. PROGRAM IMPACT: n/a FISCAL IMPACT: $3,500 Account #411-0000-347-22-12, plus $8.000 +/- in pro shop merchandise retail slaes of the used balls provided, plas $1.200 in redeemed used range balls purchased by East Coast Golf Ball Company from us. ALTERNATIVES: As East Coast Golf Ball Company was the only bidder we have no alternatives available other than to get no income from this concession. /7//]//~,~ ~/~.. rrna. ;.~  ep~ent Head's Signature ~ Cit~/~lan~ger's Signature Deparanent Name City Attorney / Finance / Human Resources SSBULLETYNWORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO, RO0- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNT lNG CITY OF COAST GOLF BALL AND PROVII · WHEREAS, the City of Boyr~;~on Beach advertised a bid to secure a firm for ball retrieval at the Links at the Boynton Beach Municipal Golf Course; and WHEREAS, East Coast Golf Ball COmpany was the sole responsive, responsible bidder who met all requirements and specifications to the Bid; and WHEREAS, the-City Commission has determined that it is in the best interests of the residents of the City to enter into a three year contract with East Coast Ball Company for the retrieval of golf balls; 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 oes hereby authorize and direct the Mayor and City Clerk to execute a three 'ear Contract between the City of Boynton Beach and East Coast Ball Company or the retrieval of golf balls at the Links at the Boynton Beach Municipal Golf ~.ourse, a copy of said Contract is attached hereto as Exhibit "A." ~ This Resolution ;assage. PASSED AND ADOPTED this shall become effective immediately upon day of January, 2000, ,TTEST: City Clerk I[(C0rporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner CONTRACT FOR LAKE DIVING SERVICE AT THE LINKS AT BOYNTON BEACH THIS CONTRACT FOR LAKE DIVING SERVICES, signed this 31s~ day of December, 1999, to as East Coast Golf Ba i'~o~npa~ and~.THE CI.TY OF BoYNTON BE~ACI-:I, a, ,,~,,,~: ~.i .municip,,,,, ~, corporaton, whose principal address is 100 E B°ynton Beach Bvd, Boynton B~ach, FL hereinafter referred to as "C~ity", WITNESSETH: WHEREAS, East Coast G01f Ball Company is engaged in the business of the retrieval of the City owns The Links at Boynton Beach at 8020 Jog Road, Boynton Beach, d is deSirouspf, engaging the services of East Coast Golf Ball Company heroin. in consideration of the mutual covenants ~and promises herein ~lueble'.consideration, the parties agree as follows: SCOPE. The general scope of services to be performed by East Coast Golf Ball company shall be to retrieve golf bas from the nine lakes "at the golf cou~rse on an exc[L~sive basis. A copy of the scope of services is 'attached hereto and iin~orporated herein by reference as Exhibit "A". CONTRACT OUTLINED CON DITIONS. a. East Coast Golf Bali Company agroes to pay $3,500 per year to the City paid in two payments of $1,750 each in the form of a Cashier's Check. The first check is due upon signing of the Contract and the second check on the 6 month anniversary of the signing of the Contract and every six months theroafter through the term of the contract. East Coast Golf Ball Company agrees to provide the golf course with 1,000 grade B used golf balls, at no charge, per month through the term of this contract. East Coast Golf Ball Company agroes to return to the golf course all range balls recoveree from the lakes, at no charge, within two (2) weeks of retrieval. d. East Coast Golf Ball Company shall pay the City 10 cents per range ball turned in by the Golf Course to East Coast Golf Ball Company at the end of each contract year. East Coast Golf Ball Company agrees to notify the golf course superintendent at least two (2) days in advance of arrival to get approval for the use of a golf utility vehicle. No guarantee is made by the City that such a vehicle will be available, however, all efforts will be made to assist the divers in obtaining transportation onto the golf course. TERM. The term of the Contract shall be for a period of thirty-six (36) months from the ~-~ date of this agreement. This may be renewed on a yearly basis for an additional thirty-six -~ ~ months provided the parties consent in writing, except as follows: 10. TERM NATION. If conditions are present which are considered by either party to be cause for termination, written notice shall be provided to the other party, and a reasonable pedod of time no greater than ten (10) days shall be given to correct the conditions constituting the breach; or b. If the conditions are not c,o, rrected w thin the 10 day period this 1~GREEMENT may be terminated for such conditions by giving thirtY (30) days written notice to the other party; or c. Upon ninety (90) days written notice by either party prior to the annual renewal date, this agreement can be terminated. DISCLAIMER. the City of Boynton Beach, The :Links at Boynton Beach, its off agents harml.e, ss fromany claim demand, suit loss, cost expens~ and attorneys fees, or an~, damage wh ch may be asserted, claime, or from the City of Boynton Beach, City .of Boynton Beach Mun officers, employees and agents by reason of any damage to prol: death, sustained by any person whomsoever and which damage out of, is incident to, or in any way connected with the performance East Coast Golf Ball 'Company agrees to defend indemnify, and hold cers, employees and including court costs or recovered against :ipal Golf Course, its rty or injury, including injury or death arises 3f the Contract. LIABILITY INSURANCE. East Coast Golf Ball Company, during the term of this Contract agrees to procure and ma ntain atits own expense, at all :Jmes comprehensive general la~i ty nsurance relative to its bus ness operations, pursuant to the Contract with limits Of' ~ot less than $1,000 000.00 pe¢ occurrence $1 000,(: 00 00 aggregate, ,a,,n,,d insurance as ~et fortl~ in th'e nsurance Adv sory Form attached ~ereto as E;~h b t B Said policies :~hall narbe the ,C. ity as an additiona nsured, and sh]t prov de that t may n0t~ l~e canceled without thirty (30) days prior wrtten notice o the City.' Before Cohimencing any we~l~ hereunder EAst Coas{ Golf Ba Company, :sha flew:th the Risk Ma;nagemeht DiviSi0~ evidence of the required insurance ~Y way of provd nga 'Certificate of InsuranCe. ORKERS COMP~SATION. East Coast Golf Ball Company dUnng the term of this Contract, ag_r~to ~ta!l ti~es maintain statutory Workers' Comp(~nsation Insurance as described 0nthe attached ii~sUrance advisory form. (Exhibit B) ASSIGNABILITY. The Contract may not be assigned or transferrec without the express prior approval of the City~ DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ASSIGN MENT.. The Contractor shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 11. NON-WAIVER. Waiver by the City of any provision of this agreement or:any time limitation provided for in this agreement shall not constitute a waiver of any other provision. - - 12. DSPUTES , Venue [or purpo,~es of litigation arising .put of the performance of this agreement shal be Palm Beacli Cou:nty Florida.. FU'Cuher~' ~his ,~agreeme~t shall be inte~:preted and Construed pursuant to-Florida Law. 13. N©~,iC~,S.: ,Notices t0 the Qity of,Bayn, ton Beaoh shall be sent to the following address: 14. 15. CITY OF BOYNTON BEACH BOYNTONBEACH, FL 33425~.051,0, AT~N., Joe Sc~orl:~no~ Golf DImcto ~ . . COpmi~S, tO' City :A~tOrmeY a;~$he above address Notices to :CON~CToR ~hall be; sent tO: ii'e, fo; tow ng;address: -East Coast Go f Ba 'Company ,7036-63 W: Palmetto Park-ROad Boca Raton, FL 33433 ATTN: Doug Bounassi SEVERABILITY. The nvalid,ity,- ega ty, or unenforceability of any provision of this Agreement, Or the occurrence q~,~nY event rendering any portion or provision of this Agreement v~id, Shal ir~ no way a~,~ct the validity o~' enforceability of any other portion or prov s on of the Agreement. A~n~'~.v0id provision~ s~all be de~med ~evered from the Agreement aBd the balance of':t~ Agreement shall.be Construed and enfor(~ed as if the A~reement did n~t contain,the pa!~i~ular Portion or prOvision held to b,e vbid. The parties further agree to ;reform tl~ A~re~ent to replace any st~'icken prG¥ision With & valid provision that comes as: close ~s pt~ssible to the intent of the str Cken P~ovis on. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integ,ra~e~ ag~'eement'l~etween the City and the contractor and supersedes all pror ~°t{at~ ~eP~'esentations 0~ agreements wdtten or Oral. This ag~'eement may be amended oa]~ I~y written nstrument signed by both the City and Contractor. IN WITNESS WHEREOF, the parties hereto set their hands and seals this ,2000. BY Mayor CITY OF BOYNTON BEACH day of Approved as to form by: Attest: City Attorney CONTRACTOR City Clerk Signed and witnessed in the presence of SPECIFICATIONS FOR EAt(E~I~ING.6ONTR~CT/N NE LAKES AT MUNtCIPAL GOLF COURSE in considcraCon for dlving tho Nine Lakes at The Links at Boynton Beach for the ,~urpose cf retrieving golf balls. Piease p ace an (X) on the ~lank line ~,oxt to each'itOh1 if a specification is met If exc~p([on ~s takeq (attern.a, tives), re~roscntati,ve must exploit1 Using a separate sheet of pa~er. specificatio,q Check O~: shoots .must_:,ac~mpan~,prop0sal sheet in order for.a ::q~te.to be ~,onsfde, .d, 1, The dollar amount quoted must be a Minimum of$6,000 p_e..r,,.,v¢_a_r, pa,d in two payments (58% e;~ch) in the fon'n of a Cashier's Check. The first check is duc ur)on signi[~g of the Contract and the second chock on tho 6 month anniversary 0¢ the s~gning of the Contrac~ and every six months thereafter through the term of tl,e contract. NOTE: 100~000+ rounds of golf per year are played or~ tl~e 27 holes. There are 9 lakes that come into p,ay on mgst of those holes. ~ 3 Aft range balls recovered fron; the !a'kos will bo returned to the Golf Course, at ne charge, withir~ two weeks of retrieval The successful company wirl pay tho City $.~_/..~¢~.... per usable range ball turned in at the end of each contract year, (The City replaces its 'ange bails with all new range balls each OctobedNovember to start the new fiscal year.) ~ 4, The Concessionaire must maintain liability insurance in thc following amoun,'.s and in accordance with the City s Insurance Adviso~ Form attached; $1,000,000 Aggregate $1,000,000 per incident F5. The Concessionaire must execute a Contract with the City Of Boynton Beach. The form Of the Contract is attached hereto. 6. The divers will be required to notify the Golf Course Superintendent at least two (2) days in advance of their arrival. They must get approval for use of a golf utility vehicle to get around the course, No guard_ri_tee is made bt, the .City that ,such ~ vehicle W_ill be available, however, all efforts will be made to assist the divers in~ obtainir, g transportation onto the coif course. THiS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR QUOTE TO BE CONSIDERED COMPLETE AND ACCEPTABLE. QUOTE SPECS FOR LAKE DIVING/NINE LAKES AT MUNICIPAL GOLF COURSE CONTINUED,.. .,~,.7..TERM: The term of the Contract sha~f bc for a period~ of thirty-slx (36) months from the date of this a~creement. This may De renewed on a yeady basis for an additional thfr[y-si× months provided the parties consent in writing, except as a. ¢ condition s are present which are considered by either party to be cause for termination wrMen notice sharl be provided to the other party, and a reasonable period o' time no greater tr~an ten (10) days sba . bo given to correct'the ;onditions constitu!;ng the breach; or o, If the conditions are not corrected then the CONTRACT may bo terminated for such conditlons by ~oivit~g thirty (30) days written not ce to the other pa'try; or c. Upon ninety (90) days written notice by either party prior to th 9 annual ronewai date. this Contract can be terminated. Afl companies must suppty a list. with the,r ~ic prooosaL of courses presently ,contra?ted, with fo' the type of WOrK covered by this Contract, Also. qow [on.g they f~ave Deeri with these courses sh0~ld be indicated. _ ~ 9. Companies are encouraged, to visit the The Links at Boynton Beach located at 8020 Jog Road. Boyn~on Beach. FL 33437. and become familiar wfth the a,ea. Ptoase call ahead to make an 8ppo[ntment with Joe $cio~iro the Golf Director. The telephone number is (561) 742-6502, THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR QUOTE TO BE CON:~tDER~.D COMPLETE AND ACCEPTABLE. PE~POSAL B:LAN K TO THE GITYOF BOYNTON BEACH, FLOR DA Date: The urdersigned declares that he has carefully examined the spe~ffcatio,ns an(: is thoroughly famihar with its provisions and with the quality type a'~d grade of serVice tailed for, The undersigned' proposes to deliver the Se~ice in accerdance Wi(I-i the specificatioRs for the TOTAL DOLLAR AMOUNT $ The successful company will pay theOty$ ~/¢ p~r,u.sabe range ball tur~ed ~ atthe eqd of each contract year Specification "check-o~' sheets submitted -- (pages ,1 -2) ~Yes/No C~MPANY NAME TELEPHONE NUMBER ~R-~NT~D NAME TITLE City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM ynde_r the terms and conditions of all contracts, leases, and agreements, the Cir~ r,'~uires ~-~r e c~ty or ~oynton mmcn as Additionsl Inanred. This i~ done by ~.ovidim, a r.~.~ ..... ~ ............ g ? ........... ~,,~c~ anu tta~ c~ty or t:myaton Beach ~s Additional Insured as reme~ tn _,,sura~n~e contract or binder may be accepted as proof of msurance if Certificate is provided upon award of &ontract) lne following is a list of types of'insurance required of contractors, lessees, em, and thelimits required b;y the Ci*,r (_NO .TE_ !, _T, his list is n~t all inclusive, and the City reserves the r~ght to require ad~i~onai *.,~ ~t ..__._ 'J' to raise or lower the stated limits, based upou identified risk.} ,:p u~ m~araace, or TYPE (Occurrence Based Only) MINIMUM LIMITS REOUIRED General Liability General Aggregate Commercial General Liability Owners & Contractor's Pror Liquor Liability Professional Liability Employees & Officers Pol[u~on Liability AsbestOS Abetemem Lead Paint Abatement BroadTorm Vendors Premi~ Operations Unde~ ~d J~xolosion & Collapse Pro& rompeded OperaUons Inde ~ant Contractors B~o~ bhnProperty Damage $ t .000,000.00 Preducts-Comp/Op Agg. $1.000,000.00 Personal & Adv. Injury $1.000,000.00 Each Occurrence $1,000;000.00 Fire Damage (any one fire) $ 50,000.00 Med. Expense (any one person) $ 5,000.00 Automobile Liability Any Auto All Owned Autos Schedeled Autos I-Iir ed Autos _ Non2OWned Autoi PIP Basin Combined Single l]m;t Bed/ly Injury (per person) Bodily Injury (per accident) Property Damage Trailer Ill~hnnge $1,000,000.00 to be determined to be determined to be determined $ 50,000.00 Garage Liability Any Auto Garage I~-pers t ~hility Auto Only, F.~ch Acc/dant Other Than Auto Only Each Accident $1,000,000.00 $ 100,000.00 $1,000,000.00 $1,000;000.00 Excess Uability Umbrella Form Worker's Compen~at~o Enlplo~'s Liability Each Occurrence Aggre~ta Each Accident Disease, Policy Limit Disease Each Employee to be deterred, ed to be determined $ 100~00.00 $ 500,000.00 $ 100,000.00 Other - As Risk Identified to be determ/ned msmq.002 10/96 W-CONSENT AGENDA TI'EM C.2 RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING THE PALM :BEACH COUNTY SUPERVISOR OF ELECTIONS TO HANDLE AND CANVAS ~ CITY ABSENTEE BALLOTS FOR ' 2000, GENERAL ELECTION, AND IF IT NECESSARY, A RUN~OEF ELECTI.ON,- \ WILL BE HELD ON MARCH 28, 2000. AT ALL OF ELECTIONS OF HER APPOINTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has designated TueSday, Mamh 14, 2000, as the date for the next General Election, and if it becomes necessary, a mn- off election which will beheld on Mamh 28, 2000; and WHEREAS, the City Commission of the City of Boynt0n Beach desires to / appoint the Palm Beach County Supervisor of Elections to handle and canvas all city absentee ballots, certify election results, and represent the mumclpal canvassing board at all logic and accuracy tests to be held pdor to the March 14, / 2000, General Election and if it becomes necessary, a mn-off election which will be ~eld on Mamh 28, 2000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF rilE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boy,ton Beach, Flodda / does- hereby appoints the Palm Beach County Supervisor of EleCtions to handle and canvas all city absentee ballots for the March 14, 2000, General! Election. and if becomes necessary a run-off election which will be held on March 28, 2000, represent i-h-~' municipal canvassing board at all logic and accuracy tests, and certify election results. ~::' .The C~ty, Commlssion't-i~ereby aUthorizeS the City Clerk to notify i: ' the Palm. Beach CourF~y SuperviSOr of Electiens Of her;apPOintment to ha ~dle and board at all immediately upon passage; ,.: ' ' PASSED AND ADOPTED this day of January, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern ' Commissioner Commissioner ~,TTEST: City Clerk ICorporate Seal) :.a~reso~a ppointments~supervisor of elections 11/10/00 ZV'CONSENT AGENDA ZTEH C.3 RESOLUTION NO, R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA. CONFIRMING THE APPOINTMENT OF PETER WALLACE AS THE DIRECTOR OF INFORMATION TECHNOLOGY SERVICES (ITS) OF THE CITY OF BOYNTON BEACH FLORIDA AND AUTHORIZING THE C TY MANAGER TO EXECUTE AN APPOINTMENT CONTRACT ON BEHALF OF THE CITY WITH PETER WALLACE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon the recommendation: of staff, the City d~esires to employ the ervices of Peter Wallace as the Director of Information Techndlogy/Services of the City of Boynton Beach, Florida; and WHEREAS, it is the desire of the City Commission to pro,vide certain benefits ~nd requirements regarding the employment of Peter Wallace b~,| the City; and NOW, THEREFORE, BE IT RESOLVED BY THE Cl~ THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boy does hereby confirm the appointment of Peter Wallace as the Di Technology Services of the City of Boynton Beach, Florida and Vlanager to execute an Appointment Contract on behalf of 3each with Peter Wallace, said Contract being attached heret, ncorporated herein by reference. ti_S_.e_C~O_D_~ This Resolution shall become effective passage. COMMISSION OF ton Beach, Florida ector of Information authorizes the City ~e City of Boynton as Exhibit "A", and immediately upon PASSED AND ADOPTED this __ day of January, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor vice Mayor Mayo~' pro Tern Commissioner Commissioner ATTEST: City Clerk ~:ca~res\ernpioyment\Wallace Reso IV-CONSENT AGENDA ITEM C.3 APPOINTMENT CONTRACT CITY MANAGER'S OFFICE THIS APPOINTMENT CONTRACT is entered into betw.e~n the CITY OF BOYNTON BEACH, Florida, (the "CITY") by and through its City Manager ("CITY MANAGER") and PETER WALLACE. RECITALS The CITY and PETER WALLACE acknowledge the following premises for this contract: A. The CITY MANAGER is the Chief Executive Officer ot~ the CITY and is authorized, pursuant to Section 72.1(-b).to appoint individuals in a specialized field. B. The CITY MANAGER on -behalf of the CITY desires to appoint PETER WALLACE as an Director of Information Techr~o ogy Services for the CITY, and PETER WALLACE desires to undertake that.appointment. C. In selecting PETER WALLACE to be appointed as Director of Information Technology Services for the CITY, the CITY MANAGER has relied ~on all information and materials appearing on or furniSi~ed in connection wi[h his application for that position. PETER WALLACE represents that all such information and materials are accurate, complete, and authentic and that he is qualified to ser~e as Director of Information Technology Services and.that the performance of such duties are specialized in nature. D. The CITY and PETER WALLACE wish to reduce the writing in order to describe their relationship with each other, to pr effective communication between them as they fulfill their respectiv~ administrative functions, and to enhance administrative stability anE the City of Boynton Beach. E. The position of Director of Information Technoloc contractual appo~qtment by the CITY MANAGER of an individual in a and not a civil service position and the CITY's Civil Service Rules and ir agreements to ~vide a basis for governance and continuity within Services is a specialized field Regulations are not applicable to PETER WALLACE. By entering into this appointment contract, PETER WALLACE waives all rights under the City's Civil Service system. F. Nothing herein shall constitute an abridgment of or limitation to the rigl~ts and powers of the MANAGER to manage the work force of the CITY and to organize. reorganize, create, or abolish the CITY work force, including this appointment except as ~rovided for herein. -1- G. Nothing herein shall constitute an abridgment or limitation on the rights and powers of the City Commission to create or alter the work force of the CITY by appropriation, or. non-appropriaton of funds earmarked for departments, positions, or appointments~ TERMS. CONDITIONS, AND COVENANT-~ Accordingly, on the foregoing premises and in consideration ,of the mutua covenants contained in this contract, thCCITY and PETER WALLACE ,agree as'follows: ARTICLE 1 1.1 The ClTY,MANA~E!R hereby, appoints PETER WALLACEto serve as Birector of Information Technol~og~ Se~iCeS:,'~for the, C, ITY ahd PETER WALLACE hereby accepts that appointment and Uri~ertakes Cthat appo ntment ~ . 1.2 PETER WALLACE, is"an~ at will em the CITY. By acceptance of thi,, representation or promise, except as provided for herein. ARTICLE 2, fixing the term,,,of h s appointment, Duties and Obligations 2.1 Principal Duties and Obligations. Subject to the City Manager's responsibilities and direction for the overall operation of the CITY's work force, PETER WALLACE shall: 2.1.1 serve as Director of Information Technology Services of the CITY. The job description for Director of Information Technology Services, ls attached as Exhibit "A". 2.2 Manner of Performance. Except as otherwise exp[e..ssly provided by this contract, as Director of Information TeChno ogy ServiCes, he shall;at all times: 2.2.1 devote all his time, attention, knowledge,, and skill solely and exclusively to the business and interests of the CITY dudng normal working hours and at City related events after normal business hours, 2.2.2 perform his duties and ob gatons fathfuliy, industriously, and to the best of his ability. 2.2.3 not engage in conflicting outside employment except with prior written disclosure to the CITY MANAGER, -2- 2.2.4 keep the CITY MANAGER fully informed in advance of all travel and activities that take him out of the office for more than a day at a time. All travel must receive prior.written approval of the CITY MANAGER. ARTICLE 3 Annual Performance Goals and Evaluation 3.1 The CITY MANAGER shall review and evaluate the performance of PETER WALLACE at least once annually in advance of the adoption of the annual operating budget. The review and evaluation shall be in accordance with performance c~iteria, developed by the CITY~ MANAGER, i, wh ch cdteria must be prov dad to PETER WALLACE in 'advar~ce ~f the commencem~nt,',of the, per Od of eve uat on The n t a performance criteria is as Jet forth 0n~ E~h'bit "A", attached hereto. The criteria may be added to or deleted from as the MANAGER may from time to time determine excent that PETER tWALLACE ~h~!!~ ~ot be eva,iua'~'ed fo;.,tasks if no performance criteria ha~ been established.. At PETER WALLACE'S'~ first six month eval~atiod, provided he has achieved the goa s set forth by the City Manager, he w receive an ncrease of 5% Further,, the MANAGER §hall pmvi:de~ PETER WAL~I&ACE with alsummary written statement of the evaluab~)n and prowde an adequate opportunity for PETER WALLACE to discuss his evaluation with the MANAGER. . 3.2 Periodically, the MANAGER: and PETER WALLACE ¢;ha define such goals ~rtd i~erformanc~.objectives ~t~at 'they determine necessary for the proper operatio~' of the Dave Opment De~artment operations n iattainment' of the objectives and shall f[irther, establish a relative pri°i:ity among those various go~ls and objex'rives which shall be reduced to writing. Such goals and objectives shal be generally attainable within the time imitations as ~pecfied in the annual operatina and capital budgets and appropriations pro~ided by th~ cITY. ~ - 3,3 CompensatioD re~/[ews are not subject to any specific fprmula applicable to other'~lTY PerSonnel. Wag~ adjust'me'its shall be at th~ s;ale discretion of ihe CITY MANAGER and are subject to the appropriation of funds by the City Commission. ARTICLE 4 Compensation and Benefits 4.1 Base Salary. The CITY shall pay to PETER WALLACE a~ annual salary of EIGHTY-SIX THOUSAND FIVE HUNDRED ($86,500) DOLLARS, payable in equal installments paid at the same intervals as the CITY's managerr ant personnel are paid. 4.2 Business Expenses. The CITY shall pay or ;imburse PETER WALLACE consistent with reimbursement policies for CITY manageri~ employees. 4.4 Health Insurance, PETER WALLACE shall ;calve the same benefit provided to non-union City employees hired after 10/1/91. -3- 4.5 Disability Insurance. PETER WALLACE shall receive the same benefit provided to non-union City employees hired after 10/1/91. 4,6 provided to non-union City employeeS hired.~er 10/1/91.. 4.7 union em Life Insurance. '~PETER ~WALLACE shall receive the same benefit Participation in provided to non- e e Sick 4.11 Moving Expenses. , I~ER WAL~CE agrees: to ,obtain three quotes~ fi~: mov ng e.x, pen~es, which shal! ~:ii~b~itt~ ~ the~ Ci~bf Bgy~i~~ Beach. The 'C~Y shall pay 5~% of ~e agreed u~h:~vi~ '~S~ 'b~ ~afi~ti~n ;~f t~is Agreement~ with the remainder t~ ~e 5.1 Indemnification Of the Director' of Information Technology Services. The CITY shall: 5.1.1 defend and indemni~ PETER WALLACE against all claims and actions, civil or cnminal, provided the claims or actions anse out of and in the course of the performance of his duties and responsibilities pursuant to this Contract; a ~d 5.1.2 pay any judgment that may be entered against PETER WALLACE in a civil action arising out of and in the course of the performance of his duties and responsibilities pursuant t~ this contract, except a judgment based on intentional wrongdoing by PETER WALLACE. '5.1.3 CITY resales the rights to select, appoint, retain, or discharge legal counsel necessary to Provide the foregoing defense. -4- ARTICLE 6 Date of Appointment 6.1 PETER WALLACE's appointment and the term of this Contract shall commence on the date of ratification of this contract by the City Commission. ARTICLE 7 Termination of Contract 7.1 Events of Termination. This Contract shall terminate: 7.1.1 at any time by mutual agreement of PETER WALLACE and the CITY; 7.1.2 upon PETER WALLACE's sustained inability for a.l] or substantially all of 180 calendar days in a 190 day period to perform alt or substantially all of his duties and obligations pursuant to this Contract as a result of physical or mental illness or condition, which inability shall be verified at the CITY's expense I(to the extent not covered by applicable medical insurance maintained by the CITY)by a licensed physician mutua ly agreed upon by PETER WALLACE and the CITY, provided that state or federal law or regulation would not preclude or prohibit PEFTER WALLACE's separation under the condition. In the event the parties are unable to ~utually agree on a [~hysician within fifteen days of a request for selection, the examining physician will be selected solely by the CITY. 7.1.3 at any time by the CITY MANAGER's and CITY COMMISSION's unilateral termination of PETER WALLACE's contract for the position. 7.1.4 the death of PETER WALLACE. 7.1.5 the resignation of PETER WALLACE. A re~signation shall be submitted in wdting and shall provide for an actual resignation date rio later than forty- five (45) days following the date of notice of resignation. 7.2 Rights and Obligations Upon Unilateral Terminlation by CITY. Unilateral termir~ation shall be in writing, signed by the CITY MANAGER and need not reflect performance related reasons If this Contract is terminated,b~/un ateral action by the CITY MANAGER, PETER WALLACE shall be entitled only to. 7.2.1 Prorated base salary for the effective date of the termination plus ninety (90) days, calculated as follows: Employees annual ba ;e salary shall be divided by 365 days, and that sum shall be multiplied by 90 day,, less customary withholding. 7.2.2 reimbursement for as-yet unreimbursed e: )enses pursuant -5- to this Contract; 7.2,3 an amount for accrued and unused vacation leave, not to exceed the maximum, number of days permitted by law, according to the sched u.lefi~i, mula~fet~,non;u n ion em pl~ye~ hired !~i~? ;i:0/~/9 ~- 7.2.4 an amount for accrued and unused sick leave not to exceed the maximum number of days pecmitteS:*~¢'la~W; according 'th the schedule/formula for non-u nion employees hired after 10ll/91. 7.3 WALLACE 7.3.1 to this Contract; Mutual PETER reimbursement for as-yet unreimbursed expenses pursuant ~ 7i3.2, an?mount~ for accrued .and unused:vacation leave, not to exceed the ;ma~([mam' nuCber ;Of daYs pei:mitted' bY law, acd0i'ding to the scheddl~/fotmula f0i' non-uni0:r~ ~mC)lbye;es ,hired ~efore ~10/1/91~ .; - 7.3.3 an a, mount for a~crued, and unused sick leave, not to exceed the maximum: number of d:ay¢!permitted b~ law; according to tt~e schedule/formula for nomuniOn employees h~red before 10/1/91;' ;. . i 7.3.4 The total accrued deferred compensation as provided, by Article 4.2 herein. 7.4 Rights and Obligations Upon Termination Due to Disability or Death. If this Contract terminates due to PETER WALl_ACE's physical disability or death, PETER WALLACE or his guardian or personal representative shall be entitled only to the following compensation and benefits: 7.4.1 base salary through the last day that PETER WALLACE performed services to or on behaff of the CITY; ' 7.4.2 to this ContraS; reimbursement for as-yet-unreimbursed expenses pursuant 7.4.3 an amount for accrued and' unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired before 10/1/91; and 7.4.4 life and/or disability benefits if applicable. 7.4.5 Article 4.2 herein. the total accrued deferred compensation as provided by -6- 7.5 Rights and Obligations Upon Termination Due to Resignation. If this Contract terminates due to PETER WALLACE's resignation, FETER WALLACE shall be entitled only to the following compensation and benefits: 7.5.1 base salary through the date of resignatpn or such other date as mutually agreed to between PETER WALLACE and the CITy MANAGER; 7.5.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.5.3 an amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired before 10FI/91 ' 7.5.4 life and/or disability benefits f applicable. 7.5.5 Article 4.2 herein the total accrued deferred compensation as provided by ARTICLE 8 Modification or,extension of Contract 8.1 Modification and Amendment. No modification of or amendment to this Contract shall be valid unless reduced to wdting and signed by both parties. -7- ARTICLE 9 Inapplicability of Collective-Bargaining Agreements 9,t No ,collecb'~e-ba[gammg .agreement to which the' CITY s a party shall in whole or, in part gOvern ~apply,, ~o ,-O~J~med ls~rt"(~f br inbb~p~)r~t~d ~intd t~is Contract. ARTICLE '10 Venue ~lO.~ ..... A~n¥ c~w[~bt~o~n~.ans~ng out of th'~s~C0nti'act ~r the n0nperfo~mance or breach of any covena~t'contained~'~n¢lt;Tshal~'be' broug~ only ~n Palm. Beach County, Florida. ARTICLE 11 Waiver 11.1 The CITY's waiver of.any breach of any term, condition, or covenant of this Contract shall not constitute the waiver of any other breach of the same or any other term cOndition, or covbh~i~tof this Contract. ARTICLE 12 12.1 Applicability to Successors This Contract shall be binding on and inure to the benefit of: 12.1.1 PETER WALLACE's heirs and personal representatives; and 12.1.2the CITY regardless of changes in the persons holding office as members of the CITY. ARTICLE 13 Severability of Provisions 13.1 If any prewsion of this Contract or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining previsions of this Contractor their application to other parties or circumstances. ARTICLE ~4 Governing Law -8- 14.1 This Contract and the terms, conditions, and covenants contained n it shall be governed by and construed in accordance with the laws of the State of Florida. ARTICLE 15 Integration of All Agreements and Understandings ' 5.1 This Contract contains the entire agreement bet~ een the CITY and PETER WALLACE. All pdor agreements and understandings, whetl~er written or oral. pertaining to the CITY's appointment of PETER WALLACE are fully abrOgated and of no further force and effect from and after the date of this Contract. 1.5.2 Regardless of which party's, counsel prepared the 0rigina ~draft and subsequent revisions of this Contract, PETER WALLACE and th~ CITY and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Contract shall not be deemed to be the product of and, therefore, construed against either of them. 15.3 The omission from this Contract of a term or prov]ision contained in an earlier draft of the Contract shall have no evidentiary significance regarding the contractual intent of the parties. ARTICLE 16. Execution of Contract 16.1 This Contract may be executed in duplicate or in counterparts, each of which shall be deemed an original and all of which together shall be deemed one and the same instrument. No term, condition, or covenant of this Contract shall be binding on either party until both parties have signed it. -9- CITY OF BOYNTON BEACH WIIFt~RED' HAWKIN~, t~RIM CITY MANAGER cITY. ATTL)RNEY' S:c~'~.gme~ent~\Employmont A~r\\Walla¢~ , -10- EXHIBIT "A" CITY MANAGER PERFORMANCE GOAl Develop an ]TS Policy & Procedure for internal customer service. 2. Write individual departments' procedures for all new HTE software. 3. Complete APM ~- Electronic Systems and Communications Tools. ITS Provide full evaluation of ]TS staff technical and administrativ~e knowledge and align ]TS staff goals to meet business objectives for the City. Start the process and groundwork to make ]TS a credible partner in providing City Services. 3. Incorporate team awareness and goals at department (]TS) level. DEPARTMENT OF DEVELOPMENT Need considerable ]TS support to accomplish the installat'on of new anc~S°ftwarea newandnetworkhardwarearray).(three scanners - One arge format ~ 2 desktop; The West Wing will be relocating several workstations and will require ~I'S support in assuring that as those moves occur they will be able to resume operations as quickly as possible. 3. Assess need for printers i~ building department and determine solution(s). PUBLIC WORKS Fuel system interface from TRAX system to HTE. This will enable the system to be electronic. Timeframe for completion of above goals will be within 6 months of start date. The option is available to amend the timeframes. Wilfred/performance goals-wallace Requested City Commission Meeting Dates [] November 16. 1999 [] December 7, 1999 [] December 21, 1999 [] January 4, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cttv Clerk's Office November 3. 1999 (5:00 p.m.i November 17. t999 (5:00 p.m.) December 8. 1999 (5:00 p.rm~ December 22. I999 (5:00 p.m.) Requested City Comrmssmn Meeting Dates [] January 18.2000 [] February 1. 2000 [] February 15, 2000 [] March 7. 2000 ZV-CONSENT AGENDA TTEM E Dam Final Form Must be Turned In to City Clerk's Office January 5, 2000 (5:00 p.m.) January I9, 2000 (5:00 p.m. February 2, 2000 (5:00 p.m.) February 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unl~mished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve payment of invoices for annual software technical support & maintenance from H.T.E. Inc. of Lake Mary, Florida in the mount of $87,748.00 for the period of January 1, 2000 through December 31, 2000. EXPLA1NATION: Maintenance fees provide: · Seven (7) days a week, 24 hours software technical support for 19 departmental products. · Version upgrades of all software products, when available, at no additional cost. · Program Temporary. Fix (PTF) pamhes for software problems, when available, at no additional cosT. PROGRAM IMPACT: · Part of the City's I.T.S. plan is vendor supported "common off the shelf" products to reduce total cost of ownership. · In-house staff is insufficient in size or available experience to maintain and support these products in-house. FISCAL IMPACT: · Sufficient funds are available in the current ITS budget for soPavare maintenance services. This is a budgeted maintenance line item. · This covers 19 different departmental products at an average of less than $5000 each. This very reasonable pricing for market specific products uf this type. ALTERNATIVES: · These maintenance services are only available from the original software vendor. · Not making frfi s purchase would require alteurative replacements and/or in-house rewrites of ~~e of these pr~duc~s is essential in order to receive ultimate performance of depart ~ h~atr~/ug~hYs, I.d.S. Manager- Information Technology Services Department Name software. nent 7Plicafion software. /j City Manager': Signature /- c tyA o umanResources S:~BULLETIN~FORMSL4.GENDA ITEM REQU~EST FORM.DOC Requested City Commission Meetin~ Dates [] November 16. 1999 [] December7, 1999 [] Deeembet2L 1999 ] January 4. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final F6rm Must be Turned in to City Clerk's Office November 3, 1999 ~5:00 p.m.) November I7. I999 (5:00 December 8.1999 ~,5:00 p.m.) December 22. t999 (5:00 p.m.) Requested City Commission Meet/n~ Dates [] January 18.2000 [] February 1, 2000 [] February I5. 2000 [] March 7 2000 IV-CONSENT AGENDA ITEM F Date Final Form Must be Turned in to City Clerk's Office January 5.2000(5:00 p.rm) lanu~ry 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) February 16, 2000 (5:00 p.rct) NATURE OF AGENDAITEM [] Administrative [] Development plans [] ConsentAgenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Vre~entatiun RECOMMENDATION: Motion to approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted and allow the selling of the same. EXPLANATION: Disposal of surplus forfeiture vehicles no longer useful for POLICE use. PROGRAM IMPACT: For maintaining inventory control and forfeiture control to dispose of confiscated vehicles. will be monitored by the Police Department. FISCAL IMPACT: Revenue reimbursement: State Confiscated Fund 691-0000-247-04-25 This process A~LTERNATIVES: Police Department Name S:kBULLETIN~ORMS AGENDA ITEM KEQUEST FORM.DOC List of Vehicles to be TOT Sadiseo as of 01-04-00 1.89 Mercury Cougar 2dr Black CASE # 97- 38568 Vin # 1MEPM6045KH662863 FL Title # 50979418 Have for£ei~ure paperwork however vehicle was not titled in.the city's name. # 97-6191 Vin ~ Title however no forfeiture paperwork found. was not titled in the city's name. 4. 86Izuzu TrOoper H Silver CASE # 96-13431 Vin # JA~CH15~3G5441804 FL Tffie 86433~2~ . ~ve foff~ure'p~p~ork ~ow~ vehicle was not fifl~ in the cl~ n~me. 5. 87 Ford Taurus S/W B!u~ CASE # 97-24230 yin # 1FA~,~, pSaUXHAI93942 FL Title #'443~2~60~ Have forfeiture co~ltract signed by owner however vehicle was not tiffed in the city's name. 6. 84 Izuzu Pickup w/Cap on Bed CASE # 96-19053 Vin # JAA. CL 14A9E0727620 FL Title # 22837000 No forfeiture paperwork, no rifle, basically found property of homicide victim that is not involved in the case. No family members were able to be located since case was activated. 7. 89 Oldsmobile Cutlass 2dr Grey Vin # 1G3WS14W3KD355829 Title #47459098 Vehicle forfeited to the city and rifled in the city's name. 8. 88 GMC Pickup S-15 Red Vin # 1GTBS14E1J2519076 Title # 45838187 Vehicle forfeited to the city and titled in the city's name. Requited City Comrms,s~on Meeting Dates ] November 16. [999 [] December7. [999 [] De¢~nber21. 1999 [] January 4. 2000 IV-CONSENT AGENDA ITEM G CITY OF BOYNTON BEA£ -- AGENDA ITEM REQUEST FORM Date Final Form Must he Turned m to C' Cl~rk's Offic~ Novem~ 3. 1999 (5:00 p.m.) Nov~mher 17. 1999 (5:00 p.m.) R~qu~sted City Corem ssion Meetinm Date~ ] Janua~j IS. 2000 [] Febmavj 1. 2000 Dex~mfl~er g. 1999 (5:00 p.m.) [] Febo~t3,_ 15. 2000 ~'22., 1999 ($:00 p.rn0 [] Margh 7, 2000 Dat~ Final Form Must b~ Turned i_n to CRv Cl~k's January 5. 2000 (5:00 p.mo January 19. 2000 (5:00 p.m.) February Z 2000 (5:00~p~m.) Februav/16. 2000 (5:00 p.m.) NATURE OF AGENDA I~EM [] Administrative [] Developr [] Consem Agenda [] New Bus [] Public Hearing [] Legal [] Bids [] Unfinish( [] Announcement [] Presentat RECOMMENDATION: Motion to approve payment to Lawnscape Company Inc., a State Dept of Tranaportatie for the estimated amount of $45.000 to pmvids the installation of an imgation system 1 landscaped medians from Old Boynton Road to Congress Avenue. These medians are by the State DOT and the Ct.fy must complete the improvement within the next few wee lent Plans ness d Business on (State DOT) contractor ~r the Boynmn Beach Blvd. trently under mn~'ation 2. Motio..n. to approve payment to O~dner lmgafion Design for the estimated mount of $~,o00 to provide in an expemUous manner the imgation system design for the Boynton Beach Blvd. medians as described in EXPLANATION: _T~n_ ~e .Ci? P..urk~. Division has been. ¢oordin,.miag with _the Stat~ DOT since 1997 tO request pave*ricks, landscaping aun ~mgauon improvements to tlese meamm. Tlm State DOT agreed to pay the costs for the pavethricks and landscaping i~provements and designed them into the project The State DOT directed the City to allow the roadway project contractor to select their own mntractor for installation of the irrigation system while the mad construction is in progress. They have selected the Lawnscapa Company. The City must also pay for and design the imgation system provided by Gardner Imgauon Design. The City Parks Division does not have thd capability to design the imgation system and selected the lowest of three bids to design the system. PROGRAM IMPACT: The irrigation system will provide for the quality of landscape improvements the residents of Boynton Beach ex3TP~c on a major roadway into our City. This ongoing coordination of the design and installation with the State DO contractor while _cur~ntly on the site. will preclude the City from having to pay for future costs of mobilization, safety and road repair. S:\BULLETINXFOP. MSXAGENDA ITEM REQUEST FORM.DOC ~'~'~ CITY OF BOYNTON BEACH ~ AGENDA iTEM REQUEST FORM FISCAL IMPACT: The costs tO com~plete the design a~nd installation,services are av~ailable in, the ~a~ks Division budget, account #302- 2~/30-57~3~'10. The CitY is able~t~ omit t~e ~6f c0n~r mobilization, traffic controk safety and field coordination Ofi~~ authorizing ageii~e~ byt~mp!e~g th~ [~n'fi' gafio?~:~ ~ ~ohe costs to design and install thC imgation system is ?easo,.m)b!¢ in com~s0n to the costs absorbed by the State T to piovtd~ ~averb~i~s, ana. lancl~cap{ng~improvements'within the:;P-r°Ject site. ALTERNATIVES: 1. The State DOT contractor will provide water to the landscapod~medians.by a water truck for one year. This method of irrigation hasaot proven effective in providing thc q ~uaOtY of landscapm§ in the Civj roadway medians that our residents e~6f tl~e Parks Division. ' ' Department Name · ~/~ (..ity, Manager s Signature City Attorney / Finance / Human Resources S:~BULLETINXFORMS\AGENDA ITEM REQUEST FORM~DOC JEB BUSH GOVERNOR Florida Department of Transportation CONSULTANT MGMT./STRUCTUR.~ DESIGN ~ DISTRICT 4 3400 W. Commerc/al Bird,, Fort Lauderdale, Florida 33309-3421 Telephone: (305) 7774656 THOMAS E BARRy, JR. SECRETARY January 26, 1999 Ms. Kerry Willis, City Manager City of Boynton Beach 639 East Ocean Avenue. Suite 108 Boynton Beach~ Florida 33435 Dear Ms. Willis: SUBJECT: Financial Project No. 2297461 SR 804 (Boynton Beach Blvd.) Palm Beach County cl~ 4 1999 CITY MAtA~ER,$ OFFL~ This is m response toMs, Shabotynskyj's letzer to you dated December 24, 1998. As you are aware, the portion of Boynton Beach Boulevard from N.W. 4th Street to Old Boynton Beach Road is not wjthin the limlts of the above referenced project. As such, we offer three options outlining the steps necessary for the City to follow which will result in the landscaping of the missing portion: 1) The construction contract that is due to commence in the Spring, 1999, can be supplemented in order to '.m.c. hide landscaping as requested by the City. However the design and cost of the additional landscaping must be borne by th~ City. Should you chooSe tais option, please note that negotiations with the eontracto~ can be handled in one of two ways: The City may choose to negotiate directly with the contractor for the additional work; or b) The Deparunent will be happy to negotiate with the contractor on the City's behalf. 2) The City can prepare the necessary documents and subsequently apply for a DOT permit. Once the permit is secured, the City would hire a co.~tractor and let the project independent from the Depatuneat s construction project. www.dot.sl;al;e.fl.us ~ fl;CYCLED PAP~q Ms. Kerry Willis_ January 26. 1999 Page Two 3) The Depax~aent will eater into a Joint Project Agreement (JPA) with the City of Boynton Beach in orde~ ; landscaping project. The costs for design and : be noted that this option would require Tiffs Option would to need 4 MHC:pmk File #9300 LIS 99-004 J. Naj Ja~ian THE GREATER BOYNTON BEACH CHAMBER OF COMMERCE December 24.1998 MS. Kerry Wlllis, City Manager City of Boynton Beach P.O. Box 310 Bovnton Beach, FL 33428 Dear Kerry: AS I nope VOU will recall Dace in April, we discussed the area along Boynt between NW 4~ Street and the 1-95 ramp. This area was not a parr of m~ Beautification and it was not a part of the Interstate ramp beautiflcatic~ enrrywav to our city, and one of our members Is interested In his ProPE in the beautification improvements, I asked you to determine if there to imProve the appearance. ~n Beach Boulevard ~- BOulevard i. AS it iS an rtY being incluqea ere anv city plans In OCtober I fOllOwed up with two of your Staff, JoYce Costello and Kevir Hallahan, to learn if there have been any aCtion steps identified to improve the lOOkS Of tt S area. The owners Of HOliday Inn Express are anx ous to see an Improved appearan( · adjacent to their property. Kevln has InfOrmed me that a DOT project on Boynton Bea-~J1 BOulevard west of 1-95 Will be commencing In Spring 1999. It,~,ll also not InClude a small segment of roadway 13etWee/i 01e ramp and the starting iaoint ,o d BoVnton Beach Road) on the BOUlevard KevinsU ~ ed ' ggest that I.w~lte to you to su est ' __.:. ~_ _~ __ . _ . . g~g the CiW won with the DOTtO beautify ~mmn ueacn BOU evara between NW 4= Streetand Old 8o;-~-' ....... :- - . yt I1,~11 ~d~ll goal2, we respe~ctfUll~ request the City take stel~Sto 12eautlfy ~is segmen~of roadway. Please Call if YOU have any questions. Yours sincerely, THE G.,REATER BOYNTON e-EACH CHAMBER OF COMMERCE KATHY S~-~BOTYNSKYJ - % / Preslden-t/CEO KIS/edS CC: Mayor Jerry TaylOr CI~ Commissioners "Gateway to the Gulfstream" 639 East Ocean Ave.. Suite 108. Boynton Beach. FL 33435 RECEIVED CITY MANAGER'S OFFICE (561) 732-9501 · Fax (561) 734-4304 · Email: chamber@boyntonbeach:org Visit our [ntemet Home page at http://www, boyntonbeaeh.org November 2. 199g Tony Drescher. PE Senior Project Manager Highway Design Division Greenhome & O'Mara, Inc. 701 Northpoint Pkwy. Suite #100 West Palm Beach, Ft 33407 Re.' Dear M'/'~ Dr, escher r.o.w. ,~ ~ of and occur in ~ plans. ~The Sheet :bio. 3 tO comme ~nts are Comment irrigation, sleeve detail shows four locations There may be other locations designed based upon the r.o.w.'s tree plan, tings The City requests paverbricks to replace concrete traffic separator type II The City requests small trees, irrigation and paverbricks in the r.o.w.'s Sheet No. Commem 7 9 I0 The City requests paverbricks to replace concrete traffic separator type II The City requests trees, landscapingand irrigation for the medians The City requests. ~ Fioratam sod in lieu of Bahia sod for the aedians The City requests small trees, rrigation and paverbricks ir ~.he r.o.w.'s The City requests paverbricks to replace concrete traffic se] The City requests small trees, irrigation and paverbricks in arator type H te r.o.w.~$ The City requests paverbricks toreplace concrete traffic separator type II The City requests trees, landscaping and irrigation for the m~dlans The City requests Floratam sod in lieu of Bahia sod for the medians The City requests small trees, irrigation and paverbricks in the r.o.w.'s The City requests paverbricks to replace concrete traffic separator type H The City requests small trees, irrigation and paverbricks in the r.o.w.'s The City requests paverbricks to replace concrete traffic separator type H The City requests small trees, irrigation and paverbricks in the r.o.w.'s The City requests paverbricks to replace concrete traffic separator type H The City requests small trees, irrigation and paverbricks in the r.o.w.'s 2 Sheet No. Comment 11 *The City would tike to also include the fo owing requests for the North and South K o w s, Ea~ of I-95 to NW 4~) Stree~t~ The Clty requests smaR trees, ~rngatlon and pagerb~cks in the r.o.w.'s ,.~.. , ~.__ :_ ~ _~;t~ ~,~:~-¢ [i~it~' and may have t0 be coordinated between the City and the General Contractor working with. the State DOT as an ex~ra item. Please review these comments and c0r~tact me to discuss how We may be able to accommodate these changes on the project de. sig~ p!ans. Sincerely, CITY OF BOYIqTON BEACH. Kevin J Hallahan Forester / Environmentalist Xc~ Kerry Willis, City Manager loyce Co.stello, Administrative Assistant Bulent Kastarlak, Director, Department of Development John Wildner, Parks Superintendent 3 Boynton Beach 100 E. Boynton Be.~uh Bo~levo~d P.O. Box310 BoPo. on Be~l~, Florida 33425-0310 City HoI~.. (561) 375-6000 FAX: ($61) 375-6090 March 27,1997 Mr. Joe Najjarian. P.E.-Project Manager District 4 Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 333409-3421 Re: Phase III (90%) Plans Submittal State Road No: 804 / Boynton Beach Blvd. WPI No: 4118790 State Project No.: 93200-3510 County: Palm Beach Description: From SR-807/Congress Avenue To SR-9/1-95 Production Date: January 1999 FAP No.: N/A Landscaoe and Irrigation Considerationv Dear Mr. Najjarian; This correspondence is in reference to my review of the above construction pla~ submitted for evaluation and comment to the City of Boynton Beach, Departrhent of Development. The City is also interested in the future landscape and irrigation of the five grassed medians shown ,which will exist when the construction is completed l~y your agency. The City Recreation and Parks Department would like to.make the f~llowing comments in an!m~pat~on of our beauttficatton endeavors to the five medians.~These comments pertain to sheets # 5, #7(two medians), #8, #9, where the five grassed medians are shown for construction. America"s G~teway to tl~ Gulfstream l.Include installation of 4" diameter stainless steel, sic, eves from the road R.O.W. where' City water exists out to each section of grassed r~ This would allow for future irrigation service to the medians. The City UtflityD~artm~ntm~ the installation of"saddles" dunng construct~on,~,conn~qg:~¢ services. 2.The City would request that topsoil be used as backfill, in ~e.rhedians rather than shellrock or'other materials not beneficial for trees and'vegetafib~ ias~ed ia the future. 3 ,The.City requests that floratam sod-be used for.the project'rather than bahaia, if inSgati°n is supPlied to ~emedians. 4.The City requests that appropriate sections of the concrete "bullnoses" in the medians be redesigned to ~how raised curb ,backfill with topsoil and covered with floratam sod. 5.The City would like to request consideration by the State D. O. T. to provide future funding for landscape and irrigation improvements to the five grassed medians. The City would provide the landscape design contract installation, and~maihtenance by written agreemen~ to your agency. We would anticipate this beaUtifi~atien~P~oject.0ccurrlng sometime soon after the completion of your project. Please review the above requests in anticipation of the City and State D. O. ,T. field meeting on Thursday April 3~, 1997 at i0:~0 a.m. · Sincerely, Kevin John Hallahan Forester / Environmentalist cc: Charles Frederick, Director, Recreation and Parks Department John Wildner. Parks Superintendent Fred Ireland. Distribution Supervisor, Utility Depa~ anent Ken Hall, Department of Development file kjh Requested (Tat5 Conunission Meeting Dates [] November 16, 1999 [] December7, [999 [] December21, 1999 [] January 4. 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM :REQUEST FOI Date Final Form Must be Turned in ~o Civ/Clerk's Office November 3, 1999 (5:00 p.m. November 17. I999 (5:00 ~.m.} December 8, 1999 (5:00 p.m.) December 22, 1999 (5:00 p.m.) [] Administrative [] Consent Agenda [] Public Hearing [] Bids ] Announcement Requested City Comnftssion Meeting Dates [] January l&2000 [] Febmmy 1, 2000 [] February 15 2000 [] March 7. 2000 VII-PUBLIC HEARZNG ITEH A Da Final Form Mu, st be Turned t~to Cit~ Clerk s Office J'anumy 5, 2000 (5:00 p.m lanumy 19. 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) February 16, 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOlVlBiENDATION: Please place the request below on the January 18, 2000 City Commissipn agenda under Public Hearing. As you may recall the request for abandonment was tabled at the December 21st City C~mmission meeting. The Planning and Development Board with a 6-1 vote. recommended that this request for abandonmerlt be denied. It is also still the firm position of staff that this request should be denied to ensure the continued access by utili~ crews for maintenance purposes. For further details pertaining tO this request see attached Deparm~ant of Development Memorandum No. PZ 99- 306. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: KENMONT Diana Hileman Mr. Oris W. Walker 707 NW 3~a Street Request for abandonment of that alley segment that abuts 707 NW 3ra Street. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Depar~nt'of Developm~at Director Planning Director ' /it37 ~ahag'er'fl Signatl~re ' - City Attome~ / Fifiance Human Resources TO: MEMO~UM:NO. PZ 99~306 Chairman and Members Planning and Developm6nt Board FROm'vi: Michael W. Rmpf pl~n,!ng and Zoning Director DATE: SUBJECT: November 2, 1999 KEBIMONT- ABAN 99-005 AII~ abandonment NATURE OF REQUEST Diana Hileman, Esquire, agent representing property owner Mr. Ofis W. Walker, is requesting abandonment of an alley or service-street that abuts his p~operry at 707 NW 3rd Street. The attached Exhibit "A' shows the location of the applicant's property and the alley segment to be abandoned. Exhibit "B' is a detailed sketch (survey) of the proposed abandonment. BACKGRO~ The Plat of Ridgewood HiHs, approved in 1952, shows an alley-way!or-service-street as a twenty (20) foot wide right-of-way running east and west, fro~'NW Crd Stre¢i to NW 4~ Street, and adjacent to the north of the applicant's property. The applicant's property abuts the eastern end of the alley, it is kept~ in good shape and free of debris and overgrown grass. The western end is not as well kept, and overgrown with vegetation. Aerial power lines cross the alley east to east; residences private power lines are supplied from the aerial lines. It is noteworthy that no portion of this alley has ever been abandoned. ANALYSIS The city depat haents involved in the review of all requests for abandonment, and the utility companies notified of the request are identified below. Public notice was given to the property owners that abut the alley and the request has been advertised in the newspaper. The utility compardes and the city departments' responses to the abandonmem request are as follows: CITY DEPARTMENTS Engineering Fire Police No objection. No objection. No objection. Page 2 Development Department Memorandum No. PZ 99-306 ABAN 99-005 Utilities The Department has an active gravity sewer line in the subject alley; approving the abandonment will inhibit access needed for mainter~ance and repair of the sewer line. Utilities Department states that granting a utility easeme.~t is not an acceptable optiOn given that the abandonment could likely lead to the placement of landscapin,g and fences in the sub}ect segment, and subsequent segments to be aba~d0necL PUBLIC UTILITY COMPANIES Florida Power and Light No objection, subject to granting a ten-foot utthty easement that centers on the ex~stmg distribution facilities at no expense to FPL. Bell South No objection, subject to granting a twelve- foot easement for existing facilities. Florida Public Utilities Company No objection. Cable Company (Adelphia) No objection. Cable Company (Comcast) No objection, subject to granting a ten-foot utility easement that centers their existing aerial plant within the requested abandonment area. The following is a description of the zoning districts and land uses of the pr* surround the subject request (see Exhibit "A" - Location Map). North South East West Alley proposed for abandonment and farther m property zoned R1A. NW 6~ Avenue right-of-way and farther south property zoned R1A. NW 3~ Street right-of-way and farther east a r, zoned R1A. Residential property zoned R1A. ~erties that th a residential s a residential :sidential property Page 3 Development Depar[ment Memorandum No. PZ 99-:306 ABAN 99-005 Staff£eels, that-the approval of this application Would also be the catalyst future abandonment req. uCs~ ~r ad,ti,ona[ segments Of this~easement; Which will further compound sewer line ma~mte ,.n~nce problems~ for the ~filitieS :Department. the If the alley segmemis abandoned; al} easement xe.,_ttz~rements listed in E..~xl~_'~it C conditi~ons of approvaimnst, be.meti including thoi~ }ei~ictive ~-eitufremems of the IJ~it~eS Dep~6nt. XC: C. entr~ File i $ :XPIanfii~SHAREI~WI~PROIEC"r~KENM?I~ 707 NW. 3~KS~A ~FP, EP LOCATION MAP KENMONT EXHIBIT "A NT ~U 400. '800 FEET EXHIBIT,"A MENT _AXY 2N'TARY ~:00 L 8EAC , I EXHIBIT "B' PROPOSED LOT 88 "B~,. 76.26' / / 75.90' : N · A VENUE DESCRIPTION. LOT 67 AND THAT PORTION OF THE 20 FOOT SERVICE DRIVE L YING NORTH OF AND ADJACENT TO LOT 67, RIDGEWOOD H/LL~ ACCORD/NO TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 25. PAGE 250, PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA _EGEND: ~ = CENi'ERL/NE CONC CONCRETE wM = WA TER METER LR = 5/8" IRON ROD WITH CAP ~L~ 35.5 MAP OF 'NDARY SURVEY O'BRIEN, SUITER & O'8RIEN, /NC. LAND SURVEYORS EXHIBIT "C" CQ~D!TIONS OF APPROVAl, Fr0j~t~hame:' Kenmont' File number: ABAN 99-005 Reference: lSt, Review. Abandonment File #ABAN 99-005 INCL E REJE T PUBLIC WO~ :, .' '" . .. Comments: NONE ::: . - '" ' ~ . ~- X UTILITIES ' . Comments:NONE 5 .; i; ~. X~ POLICE < ~ me ENGINEERING~DIVISi~N '.. Comments: NO, NE ~i ' ii X BUILDING DIMISION ~i Comments: NO~IE ~ X PARKS AND RECREA ~TION x Comrnents: FORESTER,ENViRONMENTALiST ' Comments: NONE X PLANNING AND zoNING Comments:. 1. Utility easement acceptable to F. P. & L., Comcast, and Bell South to be X recorded prior to final approval. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 2. Recommends that request be denied. X ADDITIONAL CITY COMMISION COMMENTS 3. To be determined. JA/dim J:~SHRDATA~P[anning~SHARED\WP~PROJECTS~KENMONT~CONDITIONS OF APPROVAL P&D 5 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Kenmont Alley Abandonment APPLICANT'S AGENT: Diana Hileman, Esquire APPLICANT'S ADDRESS: 707 NW 3~d Street DATE OF PUBLIC HEARING BEFORE CITY COMMISSION: January 18, 2000 TYPE OF RELIEF SOUGHT: Abandonment of alley LOCATION OF PROPERTY: 707 NW 3rd Street DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boyntor~ Beach, Florida appearing on the Consent Agenda on the date above. The City Cor:nmission hereby adopts the findings and recommendation of the Planning and Development Board: which Board found as follows: OR n X ._ THIS MATTER came on to be heard before the City Commissio of the City of Boynton Beach. Florida on the date of headng stated above. The City Commission havirtg considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the reli[ef requested. / The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. __ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accorda~qce with the terms and conditions of this order. Other DATED: City Clerk J:~SHRDATA~Planning\SHARED'~WP\PROJECTS~KENMONT 707 NW. 3RD\Develop Order CC 1-18-00.doc Requested City Commission Meeting Dates [] November 16. 1999 [] December 7. 1999 [] December21. 1999 [] January 4 2000 NATURE OF AGENDA ITEM VII-PUBLIC HEARING ITEM B CITY OF BOYNTON BEAC}t AGENDA ITEM REQUEST FOI w Date Final Form Must be Turned in to City Clerk's Office November 3. 1999 (5:00 ~.m.~ November 17. 1999 (5:00 p.m.) Requested City Com~nission Meeting Dates [] January 18. 2000 [] February l. 2000 December 8. i999 (5:00p.m.) [] February 15, 2000 December 22. 1999 (5:00 p.m.) [] March 7, 2000 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] Date Final Form M,L~ be Turned ~to City Clerk s Office Janum'y 5, 2000 (5:00 p.m.) January 19, 2000 (5:00 p.m.) Febr~my 2, 2000 15:00 p.m.) 1 February 16, 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business PresentatiOn RECOMMENDATION: Please place the request below onthe January 18,2000 City Commission agenda under Public Hearing. Atthe December 7, I999 Planning and Developmant Board with a6-1 vote, recommended approval subject to staff comments with the exception of comment number 10 ~vhich was revised to allow building signag~ tabulation to be limited to the area immediately around the sigl~ letters and added requirement that revised site signage be approved by the Planning and Development Board. The request was inadvertently omitted from the December 14, 1999 City C?nmission agenda and re- advertised for Public Hearing to be heard at the Jannary 18~ City Commission For furthar detaits pertaining to this request see attached Department of Development Memorandum No. PZ 99-274. EXPLANATION: PROJECT NAME: AGENT: LOCATION: DESCRIPTION: Lowe's Home Center Robert E. Basehart. Basehart Consulting, Inc. Southwest comer ofi-95 and Woolbright Road Request conditional use approval for the construction of a 13 5.197 square foot home improvement store with a 48,472 square foot garden center on 15.27 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning and Zoning Director ! ' ~fty~vlanager's Signature C~ty Attomey//2~mance, Human Resources DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 99-274 TO: Chairman and Members Planning and Development Board FROM: ~, Micha~iRumpf l~c_ E;-- Director of Planning and Zoning DATE: November 12. 1999 SUBJECT: Bov~e~ Home Improvement Center- COUS ~005 Conditional Use -~ Retail home improvement Store with garden cemer - PROPOSAL SIfMMARY Contained herein is a description of the subject project. The proposed Lowe's Home Center is proposed for a 15.27-acre parcel to be asse~nbled from a 5.90-acre pamel zoned PID anda 9:40-acre parcel zoned C-3, Community Commerc.igl. That parc6i currently zoned PID is:p3opo~ed~to be be~oned to C-3, and reclassified accordingly, and is:beihg processed concurrently (s~ee LUAR 9%004). The p~oposed development consists of a 135, i97 square foo~ retail~h0me improbemem facility wi.th a 48i472 ~4uar~ fobt garden center. Applications for rezoning and land use element amendment sign varianl:~S,-.parking lot variance, height exception and master plan modification have all been submitted in connection with this proposed project. Applicant/Agem: Robert E. Basehart4;Basehart,~ons!41tLng, Inc, Project name: L0we's-Home Improvement Center, 3~ . . General description: C6r/difional use appro-Cal [or a tetaiFhome improvement center with garden center. Property size: 665,305 square feet (15.273 acres) Land use: Retail Commercial Current Zoning: Parcel 1 - Community Commercial (C-3) Parcel 3A - Planned Industrial District (PID) Proposed Zoning: Parcel 1 - Community Commercial (C-3) Parcel 3A - Community Commercial (C-3) Location: Southeast comer of Woolbright Rd. and Corporate Dr. (see Exhibit "A"-Locafion Map). Building area: 135.197 square feet (See Exhibit "B' - Proposed Site Plan). Surrounding land uses/zoning: North - Woolbright Road, and farther north is a sh~)pping center, zoned PCD East - S.A.L Rail Road, and farther east is vacant land, zoned REC South - Office park, zoned PID West - Corporate Drive, and farther west is an office building, zoned C-1 Lowe's - COUS 99-005 Page 2 Memorandum No. PZ 99-274 STANDARDS FOR EVAL, UATING~coNDITIONAL USES AND ANALY,qf~ Section 11.2.D of the LandDevelopment Regulatidns~c0nt~ains the following standards Fo which conditional uses are required to conform. Following each 6£ ~hese standards is the Planning and Zoning Division's evaluation of the appllcatinn as it pertains to standards. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets. alleys, recreation space.and sidewalks, as shall be determined necessary for the protectlon of the surrounding area and the cmzens general elfare, or deny condmonal rises when not m harmony ~th the mtent and purpose of this. section. In evaluating an application for conditional use, the Board and Co ..n~mi~sion shall consider the effect of the proposed nsc on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made co~cernmg the following standards, where applicable: 1 in ross and eress to ' -gub'eot ro'e' and ro osed struc res thereon w~th ' . g g tile. ~ji ~p p rty p p tu. , ' particular rererence to automobile and pedestrian safety and convenience~ traffic flow and control, and access in case of fire or catastrophe. The subject property has three points of ingress/egress at Corporate Drive. The southern most entry drive was originally an approved access drive for the office park to the south and remains proposed within an existing access easement. Contingent upon receiving approval of a driveway variance IT>ICLV 99-004), proposed plans show the new Lowe's development sharing a third access drive with the adjacent industrial park due to the volume and distribution Of daily traffic and location falling within the access drive. As a condition of approval, truck traffic to the required m enter through the office park's truck access drive JO0+ feet south (shared) entry drive, and access the Lowe's buiMing from the rear. Off-street parking and loading areas where required, with particular attention t above, and the economic, glare, noise, and odor effects the conditional use wili nearby properties, and the city as a whole. The proposed retail use~is designed so that all activity will be contained within cemer area. The buiMing will be designed to reflect an induzrffal type structur structural compatibility with surrounding developments. The building will hav~ spaces at the east side, facing north (located 185 feet from the north property h will not increase the intensity of any glare or odors that already exist. f the proposed lot line ,owe's site will be , the Lowe s southern the items in subsection 1 have on adjacent and he building and garden ~ with the intent of three 15'x 60' loading ~e). The proposed project 3 Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. One refuse structure will be provided at the northeast corner of the proposed building, and waste will be removed on a standard schedule. 4. Utilities, with reference to locations, availability, and compatibility. W~th incorporation of Utility Department comments, utilities are available and consistent with Comprehensive Plan policies and city regulations. Lowe's - COUS 99-005 Memorandum No. PZ 99-274 5. Screening, buffering and landscaping with reference to type. dimensions, and character. Page 3 With incorporation of Planning and Zoning Division comments, screening and bkffering of adjoining prope,~. 'qs will meet code. A wide perimeter landscape buffer has been placed, along'the no~th side of the shared drive intended to meet the perimeter buffer requirements~of botk~Low~ ~and B~vntOn ~Comma~a Center. The buffer has been designcd, and shall be installed to meet therequiremen~.~iof the Lowe's development as .wetL'as dimensiom ~ style and v~e~btive reciuirementZ' ~f~th~. i PID ~e~i~ buff~'~~ - Signs~ and pr0p~se~:exterior lighting, w~ith ~efe~en~e m glare~,~,Vraffic safety,~ ~eon~c effect, and comgafibi!~ty and ha, rn~on2( with adjacent andnearh3t,~roPe~e~:, I~- ~ ~ ~ ~ ,~ A~ ~ e ting of p.e,~j t~g~ s~ty ~igtg~ing, leV~!q g~ g ~ ~tua ve;i~ t~e.z ~re Will b~, an ~ncrease tn gl~[q a rathe ~r~opo~ed¢li~g~ ~.~obc~'~d;l~I~*~t~$:~t~fd~l~ the varkfnv area Wt~'measure 3'Z feet. It is recorr~ne_,nded~ t&t,t~e,i~ht levels not exeee~ buildin~ code maximums It awgy from ~ny bml,~gs located adjacent,~ta ~te~,,-: ~, ',; .: ~:,: ~: ~:';~ ~¢~ ,, - - An e,~isting wall sign is to remazn (advertising the adjacent Boynton Commerce Center PIDJ and two freestanding signs'areproposedasfollows: i, , , ~ ~ ~. :~' 1.) 571 Square feet of [ wal! signs i (rnaximu~l~owable:-~ 926. 7 ~qua?q fooO 20 One 2055.~ 126.6 sqUare foot m° n~m~ s~gn and one 49foot,- ~ 6 xqUare foot pylon sign · . (maxtmum allowable ~,one ~£0 foot t~gh, ,64square foot double:fa~ed fre~tancting sfgn) The and height dimensions as Variance applications si~ e J area reduced accordingly. forth as a condition of approval within t in the t orderto subject use. Required setbacks and other open spaces must be be set advertise the The setback for a retail facility in a C-3 zoning district is 30feet from all residential districts and 25feet from front, and IS feet from side rights-of-way. The propo?ed buiMing loCation meets or exceeds these minimum requirements. Open,space code requireinents wilt be met when ~taff comments are incorporated into the rectified plans. General compatibility with adjacent property and other property in the zoning district. The proposed facility is compatible, both visualiy and by use. with the commercial/industrial node existing in this area. Lowe's - COUS 99-005 Page 4 Memorandum No. PZ 99-274 9. Height of building and structures with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. With the exception of the entrance feature, the proposed structure is less than the maximum height allowed in the subject zoning clistrict45 feet. The entrance feature is 49 feet 10 inches high and therefore the subject of a corresponding application for height exception (~ee HTEX 99-001). The application for height ~xception'is s~pported by staff as described in the respective staff report. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The proposed retail home center facility is to be located in one of the city's industrial / commercial cores. The inherent nature of this type of use will generally create more zmpacts than c~ general office type or smaller retail use, but shal2 be similar to the shopping center locate~ ta the nor~hl IncreaSed traffic will promote drive-by exposure for surrounding commercial developments, in turn increasing econ*mic 11. 12. Conformance to the standards and requirements which apply to site plans, as s Article II of theiCity of Boynton Beach Code of Ordinances. (Part III Chaptel With incorporation of staff comments, the proposed project will comply with a~ applicable sections of city code. Compliance with, and abatement of nuisances and hazards in accordance with tl within Section 4- of the zoning regulations: also, conformance to the City of Bo] Control Ordinance. forth in Chapter 19, Site Plan Review). requirements of e performance standards nton Beach Noise With incorporation of all conditions contained herein, the use wouM operate in compliance with the above-referenced codes and ordinances of the City of Boy~ RECOMMENDATION Based. in part on the need for this facility as represented by the efforts of the current pe development regulations, and the consistency with the Comprehensive Plan which allox~ manner that ts in on Beach. :itioners, compliance with such uses within this land use classification contingem upon compatibility with neighborhood character, staff ~'ecommends that this request be. This reco~,nu~n, endation for approval is conditioned upon satisfying all conditipns of approval as contained in Exhibit "C . Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time linfit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to develop this project. As long as 25% or more of the total cost of the improvements are completed within one (1) year. this condition is met. SB:mr Attachments q LOWE'S HOME IMPROVEMENT CENTER ,I 5EXHIBIT "C": CONDITIONS OF APPROVAl, Project name: LOWE'S HOME CENTER File number: COUS 99-005 and Zoning DEPARTMENTS ' ~:'' ' .~ '& :; i~¢LUDE REJECT .Comments N ,..::.'-.~ ~ :~' [ ' X Comments: }':1. All utfl,tms ea~emenm sh~l be shown on the rectifiedla~ so ~at we may detemme whmh ~ees may mmrfere ' only~ee ~, ,.,~v~5 gene~, palm ~es will be the species allowed ~ easemems. C~bpy ~ees may be pl~ted outside of~e~ roots'~d br~c~e~ will not impact ~ose utilities foreseeable ~e.. LDR Sec. 7.5-18.1 gives public u~ti~, rem°ye ~Y ~ees ~at ~nt~ere w~ utth~ seduces' ei~e~ ~~ ~ easements or p~blic fights~of-way Conflicts ~e still'~ 2. Provide a co~0fthe Environmental ResOUrces ~t for on m t on no a FI~ 3' - ' '"~ ~' , 3. Fire l~es mus[be m~ked in ~0nt of d~rs. : t ,, X V t. cons~ction.LDR 6-16 acceSs~pAroadsl. ~d hydr~ts will. be installed p~or to above ~ad~e, ~" X POLICE Co~ents: None ENG~E~G DIVISION ments: Com 5. At the egress end of all tem~al isl~ds; wh~e appropriate, show stop · ' X b~s ~d stop si~s to esmb~sh ~c consol. ~DR Chapter 23, A~icl& I, Section 1.B.] 6. ~e construction of the improvements specified in the tr~c study ~d }.: X any addition~ requirements required by Palm Beach CounW Engineers shall ~ completed prior to issu~ce of ~y tempora~ ce~ificate of occup~cy. Page 2 File Name: LOWE'S HOME CENTER File No. COUS 99-005 DEPARTMENTS INCLUDE REJECT 7. No more than two driveways shall be permitted from any property. Omit X one driveway or obtain variance approval for same. BUILDING DIVISION · Comments: 8. Please note that at time of permit review, the applicant shall provide X detailed documentation on the plans that will verify the accessible routes are in compliance:with the regulations that are specified ii~ the Florida Accessibility Code for Building Con~tmction. ~ 9. Ide~ify, within the footp?int olSthe 13uilding that is sh[~wn on ~he d~awings titled Building Floor Plan and Garden Center Floor Plan, the finish floor elevation X that the design professional has established for the building I 0. Add detailed and dimensioned elevation view drawings of the building signage to the submittal. The total area that is indicated on the plans for X each Lowe's sign/is not correct. The sign area shall include the area of theibackground color, sea:the defmition'of sign area in the definition section of the Land DevelOpment Regulations (Chapter 1). Amend the aggregate sign area and prowde computations that verify all wall sign~ age complies!with the ,SignCode. Drawings. ofthe signage shall cotaply with the applicable regulations specifie~aeit in Article IV, Section 2 of~e Sign Code (Chapter ~1 of:the. Land Development Regulations) 11. Amend the location of the west setback dimension to a position that X iden~tifies the dist :ance (dimension) from the west property line to the closest leading edge of the proposed building. Where there are covered walkways awnings, canopies and/or other roofed areas, they shall be con~sidered as the leading edge of the building 12. At time of permit ~submittal, provide an executed City unity of title form., X Thel form shall describe all lots or parcels as one lot The processing of the form will require the applicant to provide a copy of the recorded deed(s) with legal'descriptions that show :each property under the same ownership. The r~corded deed(s) with legal descriptions shall be attached to the executed City unity of title form. As stated on the form, the City will record the unity of title. 13. At time of permit review submit signed and sealed working drawings of X the proposed consg'uction. 14. At time of permit review, provide documentation on the plans that X verify the proposed use of the facility, type of c~nstruction and occ. upancy classification comply with the specifications identified in the 1997 edition of the Standard Building Code including the City of Boynton Beach amendments to the Standard Building Code. The permit working drawings oftha building shall comply with the codes specified in Chapter 20 offhe Land Development Regulations. Add, to the description of the building that is identified within the floor plan Page 3 File Name: LOWE'S HOME CENTER File No. COUS 99-005 13EPARTMENTs . INCLUDE REJECT drawings, text indicating that the building has a fire sprinkler system. 15. The permit fee, ~vater and sewer facdrtY fees~ Fire' and.Life, Saf,¢ty fees; ~ ~X County fees and State fees for the subject project will be determined at time ofp~rm~t ~view ....... · 16. Pe~its are required to construct the~ improvements ~hat are shown on X · theiapproyedsite~plan/cond~tional u~e:doquments. Perm[tapp!igation , forms are available i~t~e~B,u, iL4r~ g ~vi~si0~n~0~tk~,Dg¥~!¢p~ DiVision The Usiiider/tlfies 'thb;basi; ~(~ ~ ei~ ~¥st Comment,s: None * ,X FORESTE'~dENVIRON~k~NTALIST~ ~tm . ,. : , ' ,. ," Comment~: , . . ;' ; i' 17. Sheet L~2: Some ~bfthe existing Live Oak ~d Sabal :P~Im trees should be evaluated for re, location to the extreme n6Rhwest corner of the prop~ertyinaclust~r. Thisamaisindicateda'sagreefidp~iceonthe · land, scape plan. ~ 18. Sh{et C2 of 13: Retention Pond: X a) 50% o~the pond perimeter must be planted with native l~goral agd upland . platingS. b) 10 sq. f~. for the littoral plantings, & 10 sq. ff. for the upland plantings, for the enti~e 50% of the ~ond perimeter. (The trees in c6mment # 1 ~bove could b~ relocated to ~he p;nd perimeter for upland plantings Credit.) c) A crosq section of th~ plantings should be provided with the plant quantities. d) The grqde of the pond~ bank n~ust be suitable for the plantings. e) An irrigation system ~nust be provided for the plantings. . f) A Man/tgement Plan ~ocument must be provided for proper plantings maintenance. 19. She~et C1 of 13: E, xisting trees in median-Corporate Drive. X a) The~ existing tree~ to be removed in the median must be replaced by the apl~licant, i 20. Sh~etC1 nfl3 Utility Easement and Buffer Strip. X a) There should be a plan to remove all of the exotic vcgeta on within the bu[fer and replace this vegetation to provide a visual screening of the sit,~. ~ ' P ^ NIN, ^ND ZON O Page 4 File Name: LOWE'S HOME CENTER File No. COUS 99-005 DEPARTMENTS INCLUDE REJECT Comments: 2 i. Sign and sea[ all drawings prior to building permit submittal X 22. On the site plan, provide the following in£ormation: Ch.4, Sec.7, Par. B X Maximum building height in C-3 is 45'. Reduce the height of the entry feature or request and receive height exception approval. Ch 2, Sec 6, Par. C.3 - A note stating that all rooftop equipment will be screened from view out to 600 feet from all site elevations in accordance to Ch 9 ,Sec 11, Par E X 23. Proyide confirmation oftraffic concurrency from Palm' Beach County. 24. Site signage (not including building signs) is l)mited to one 20' high X freestanding sign, 5vith a maximum 64 sqhare foot of sign face. Staff recommends that the site sign (lettering) be placed on the existing wall sign, or receive a variance for multip!~ signs and place site sign behind wall sign, design sign compatible (material, shape and color) with the walI sign, and sign~ should not exceed'12 feet in height Proposed pole sign shall be elimigated 0r approved through variance (see ZNCV 99- 014 and ZNCV 997015). Existing Hall sign ~ounts toward total site sign tabulation. Any s~gn an excess of 6~ square feet must be revised to comply, or approyed through the'neCessarY variance approval. 25. Obtain approval to reclassify and r~zone that portion of the subject site X classifidd InduStrial and z0~ed PiD to Local Retail currently Commercial and C-3. Also modifythe'"' existing mister plan accordingly. . 26. A rectified plan, a~ site plan ~'~vi~d to mee~ ~ conditions of approval, X must be submitted and signed offpri0r fb:fiiing f~$~ building permits. 27. Provide calculation for site sign area, including calculation of maximum X area allowed based on frontage, to show compliance with Chapter 21. 28. Provide full dimension of access isles to confirm compliance with X minimum 100 foot stacking distance requiremen~ between entrance and parking stalls. 29. Project color (building) shall be of compatible tone to adjacent Boynton X Commerce Center (BM 1137). If grey tone is used, tone should be of the pastel category (light grey). Provide color samples and manufacturer's codes. 30. Truck traffic shall be separated from vehicular traffic along the (shared X drive) w~st ,side of building "A" of the PID. On the site plan, designate (including signs and arrows) and label the proposed mlck route that is to be located along the eastside of building "A". Or Page 5 File Name: LOVv~E'S HOME CENTER File No. COUS 99-005 L DE REJECT DEPARTMENTS U Redesign track route ~to place on property, in place of parking spaces and re. quit varf~ce if n~essary for reduction in parking spaces 31. · ~a~,~.dsc.ap.e:pl,,an:shows trees to:belocated, in'tke~p~g Iot area. Shbw . .~ X ' ~ ;~ · tre~ ha~e:dimension 9n the ~ite p!an. . 32. Coffect the site p~an sitedatfi ~t6~'itZeflectttheiapprqP, date es, isting and: ~ X ' · proposed zoning designations as Well tis l~d,t~Se ~iesign~ons fOr both ' parcels. 33. Th~minimum front, se~back£o~.~he~C,3i zoning~tr~c~.~S~,25~'. ;Gorre6t :: : the ~etheck mf0rmatton in the ~.glan;sit~ ~.d. gta {o reflect the correct 34. ProFide agreemeqt for c[osssaccess with adjo~nigg prope~ owner. ' X 35. Ha~dma edand~egularparl<mgstal~detmlshowsl6 spaces. These X i PP ~ spaces are not shqwn on t. hestteplawonly 1,8 spa~ee, sare,shBwn. ADDITIONAL PLANNII~qG AND DE~4ELOP~T C~I~DmQNS 36. ReVise comment! number 10 .~o fgad as fqllo,~$; MC: 4et, aaea a~d X dimensioned eleVation.view ~veings b~-fli~ -i~i~<diiS~::~igimge f6 the sul~mittal. bacgrground cole:' See the de~mimn ~f s~g~ ;~r~3. in ~¢ definmon sec~n of the Lind Development Regulauons (~h~tcr 1), mend the aggregate sign 'rea and ,p~°¥ide ~mp~ttafio~i.i~t .y~ify,- all wall sighage com31ie with the Sign Code ~)~ca~ir~ of ~ Sig~ag9 shall corhply w~th the pphcable re~latmns s~ecffie~d~ 3~tt~J~ IV,' Section 2 ~f the S~gr Cod6, (Chagfer .* 21 Of-~tli~?&and?,DeCet0pment Regulations). 37. Rex~ised site signa ge to be rewe~ed By pl~tng~hffd De~dopinent , X Bohr& 38. To be determine · \SHKDATAXPLANN4G\SIgARED\W'PXPROJE~TSkLOWIE'S HOME CENTER\COUS\CONDITiONS OF APPROVAL CC 1- I$-0~.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lowe's Home Center APPLICANT'S AGENT: Robert E. Basehart. Basehart Consulting inc. APPLICANT'S ADDRESS: 333 Southern Blvd. DATE OF HEARING BEFORE CITY COMMISSION: January 18, 2000 TYPE OF RELIEF SOUGHT: Conditional Use LOCATION OF PROPERTY: Southwest corner of 1-95 and Woolbright Road DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. __ THIS MA']-FER came before the City Commission of the City of Boynton Beach, Fiodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board. which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach Florida on the date of hearing stated above. The City Commission havin~ considered the relief sought by the applicant and heard testimony from the app cant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon ~ssuance by the Cit Ail further development on the property shall be made in accordal and conditions of this order. Clerk. ce with the terms 7. Other DATED: City Clerk J:\SHRDATA\Planning~SHARED\WP~PROJECTS\LOWE'S HOME CENTER\COUS\Develo~ Order CC 1-18-00.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] November 16. 1999 November3, 1999 (5:00 p.m.) [] January lg, 2000 [] December7, 1999 November17,1999 (5:00p.m.) [] Februaryl, 2000 [] December21,1999 DecemberS, 1999 (5:00 p.m0 [] Febmaryl5,2000 [] January4,2000 December22,1999(5:00p.m.) [] March7,2000 [] Administrative [] NATURE OF [] Consent Agenda [] AGENDA ITEM [] Public Hearing [] [] Bias [] [] Annouucemear [] VII. PUBLIC HEARING C. Date Final Form Must be Turned ~n to City Clerk's Office January 5, 2000 (5:00 p.m.) Jantmry 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m./ Febmmy 16, 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place the request below on the January 18t~ City Commission agenda under Public Hearing. The Plannmg and Development Board with a unanimous vote, recommended pos~punement of the abandonment special purpose request to the February 8m Planning and Development Board meeting at the request of the applicant. The postponement will allow time for the applicant to investigate the ownership of the subject abandonment. EXPLANATION: PROJECT NAME: AGENT: LOCATION: DESCRIPTION: WAL~rMART (Postponement Requested By Applicant) J. Robert Bray, Assistant Vice President of Real Estate Wal'~'Mart Stores East, Inc. Northwest comer of Winchester Park boulevard and Boynton Beach Boulevard Request for abandonment of two (2) segments of special pm-pose easement rights-of-way totaling approximately 0.5 acres. PROGRAM IMPACT: N/A FISCAL IM]ffACT: N/A ALTERNATIVES: N/A De~n%nt ~o't~ l:f~o~nent Director Planning and Zoning Director mager's Signature / o£,'o?,'oo £~:43 ?.~I 5dl 562 9689 KBA URG VERO ~001 January 7. 2000 KF.A 0471 $3. Thiz is to f'o,~att? t*ques: pos~poncrc~nt o four Abandoranent .application h~arin§ fi:om the Sanua,'T 1 I, 2000 m~iing to th~ Fcbrua~ 1. 2000 $i~c~r;Iy, Kiml,¥-Hom and A~o*/ar~ Inc. cc: VII-PUBLIC HEARING CITY OF BOYNTON BEACH ITEM D AGENDA ITEM REQUEST FOR w Requested City Commission Dale Final Form Must be Turned Requested City Commission Meetin~ Dates in to City Clerk's Office Meeting Dates [] November i6, 1999 November3, 1999 (5:00 p.m./ [] lanumylS, 2000 [] December 7. 1999 November 17. 1999 [5:00 p.m.) [] February 1, 2000 [] December 21_ t999 December 8, 1999 (5:00 p.m.~ [] February 15,2000 [] January4.2000 December22,1999(5:00p.m.) [] Mamh7}2000 [] Administrative [] NATURE OF [] Consent Agenda [] AGENDA ITEM [] Public Hearing [] [] Annooncemenr [] Date Final Form Must be Turned in to City Clerk's Office Jamlafy 5, 2000 5:00 p.m.1 January 19. 2000 (5:00 p.m.) Febr~y 2, 2000 (5:00 p.m.1 ! Febromy 16, 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business PresentatiOn RECOMMENDATION: Please place the request below on the January 18t~ agenda under Public Hearing. The Planning and Development Board with a unanmaous vote, postponed this review to the February 8~ Planning and Development Board meeting at the request of the agent. The postponement will allow time for the applicant to investigate the ownership of the special purpose easement which is being processed simultaneously with this subject amendment. EXPLANATION: PROJECT NAME: AGENT: LOCATION: DESCRIPTION: WAL~rMART (Postponement Requested By Applicant) J. Robert Bray, Assistant Vice President of Real Estate Wal'kMart Stores East, Inc. Northwest comer of Winchester Park boulevard and Boynton Beach Boulevard Request for abandonment of three (3) segments of street rights-of-way [otaling approximately 0.13 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Dep~fmrent% f Deqelol~ment Director Planning and Zoning Director ~ Attofl /Ianag/or s Signature / Finance Human Resources 01~0T/00 12;¢2 FA~ $61 $62 9669 I~IA URG VER0 ~001 Kimiey-Hern and Assecia~es~lnc, NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Administrative Consent Agenda Public Hearing Bids __ Developmem Plans New Business Legal Unfinished Business NEW BUSINESS A RECOMMENDATION: Motion to approve Special Event Permit for American Lung Assoclataon 8~h Annual Duathalon event on March 26. 2000,'subject to tent inspections by City officials. EXPLANATION: The American Lung Assocmtion has requested a Special Event Permit for a duatha purpose of this event is to raise funds to benefit programs for children and adults wi held along Congress Avenue. Gateway Boulevard, High Ridge Road and Mine Ceremonies will be held on Motorola property. They expect apprommately 400 p American Lung Association contact. Steve Landin, agrees that they will pay 100% ~ se~ up and signage costs for the event. The City of Boynton Beach is a certificate event. The Leisure Services Depamnent recommends approval of the special authorization is needed in accordance with ordinance #098-37. due to the gathering ~ on ~valk/mn & bike! evem The h lung disease. The event will be Road [see sne plan aCached~. :ople to participate in the event. f all staff and related equipment. holder for the insurance on this :vent perunt: City Commission fmore than 250 people. PROGRAM IMPACT: · The American Lung Assocmtion has requested that the City of Boynton Beach provide the following at no cost: * An EMS vehicle with Clew and a paramedic on the course throughout the event. · ' Police officers to assist with crowd and traffic control. · Barricades and cones to mark the course. · PAfSount[ system will be designed to avoid impact upon adjacent properues · Slxeets involved with this event will be closed to vehicular traffic from appro~m~tely 6:30 a.m. - 10:30 a.m. Barricades for the street closings and cones to mark the course will be provided by our Public Works Oepamnent~ FISCAL LM~ACT: Chief Bingham, Chris Roberts and Chief Gage have allocated the resources necessar~ re accommodate the American Lung Association's request The total estimated cost to provide these in-kind Cervices is $852. ALTERNATIVES: Since The American Lung Association has addressed the comments and has received approval from each Department Hea~,~ and they can assure a safe event with no impact on sun-oun,ding properties, no other .alternatives are t "~ Dep-artmemHead~s Signature ~ v '/ City. Manager's Signature // Leisure Services/Recreation Depa~ment Name City Attorney Finance / Human Resources December 28, 1999 FLORIDA DEPARTMENT OF STATE Katherine iHarris Secretary ~fState WILLIE WARD 428 NW 3RD AVE. BOYNTON BCH, FL 33435 NEW BUSINESS B. The Articles of Incorporation for BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION were filed on December21, 1999 and assigned document number N99000007620. Please refer to this number whenever corresponding with this offiCe regarding the above corporation. The certification you requested is enclosed. PLEASE NOTE: COMPLIANCE WITH THE FOLLOW NG PROCEDURES IS ESSENTIAL TO MAINTAINING YOUR CORPORATE STATUS. FAILURE TO DO SO MAY RESULT IN DISSOLUTION OF YOUR cORPORATION. A CORPORATION ANNUAL REPORT MUST BE FILED WITH THIS OFFICE BETWEEN JANUARY I AND MAY 1 OF EACH YEAR BEGINNING WITH THE CALENDAR YEAR FOLLOWING THE YEAR OF THE FILING DATE NOTED ABOVE AND EACH YEAR THEREAFTER. FAILURE TO FILE THE ANNUAL REPORT ON TIME MAY RESULT IN ADMINISTRATIVE DISSOLUTION OF YOUR CORPORATION. A FEDERAL EMPLOYER IDENTIFICATION (FE) NUMBER MUST BE SHOWN ON THE ANNUAL REPORT FORM PRIOR TO ITS FILING WITH THIS OFFICE. CONTACT THE INTERNAL REVENUE SERVICE TO RECEIVE THE FEI NUMBER IN TIME TO FILE THE ANNUAL REPORT AT 1-800-829-$676 AND REQUEST FORM SS-4. SHOULD YOUR ,CORPORATE MAILING ADDRESS CHANGE, YOU MUST NOTIFy THIS OFFICE IN WRITING, TO INSURE IMPORTANT MAILINGS SUCH AS THE ANNUAL REPORT NOTICES REACH YOU. Sh,ould you have any questions regarding corporations, please contact this office at the address given b&low. Wanda Cunningham, Document Specialist New Filing Section Letter Number: 299A000604,~6 Division of Co/~porations - P.O. BOX 6327 -Tallahassee, Florida 32314 certify from the records of this office that BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION is a corporation organized under the laws of the State of Florida,-filed on December 21, 1999. The aocUment number of this corporation is N9900000762:0. I further certify that said corporation has paid all fees due this office through December 31, 1999, and its stat6s-is.active. I further certify that said corporation has not filed Articles of Dissolution. CR2EO22 1 -~9 Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty-eighth day of De(~ember, i 999 epartmen of I certify the attached is a true and cerreCt copy of the Articles of Incorporation of BOYNTON BEACH FAITH BA~ED COMMUNITY DEVELOPMENT CORPORATION. a Florida c0rporatior~', filed on :December 21, 1~99, as shown by the records of this office. The document number of this corporation is N99000007620. CR2EO22 1-99) G Given under my hand and the reat Seal of the S~ate of Florida at Tatlahassee, the ~apitol, this the Twenty-eighth day of December, 1999 DEVELOPMENT We, the undersigned, na~ral persons,. lea~t two (2) ofwhO~ ~ corporation under following Articles 8) ?ars or more, ar as Incorporators of a The name of the corporation fs~B~ynton, Beach Faith Based Community Non-Profit Co~oration: The corporation is a non profit-corporation. Duration: The corporation is said to have perpetual existence; Purposes: The purpose for which this corporation is organized is to: · Promote the financial revitalization of the community through business and real estate ownership, provision of services, home ownership and ~mprovement, unification of residents, resistance to gentrification. · Develop and sustain partnerships with various groups and agencies in the Boynton Beach Target Neighborhood in order to ensure that development is streamlined and resources are put to the most efficient use. · Increase homeownership opportunities in Boynton Beach. · Reduce the number of vacant lots in the neighborhood and thereby reduce spot blight and crime. Improve and increase the delivery of social services to the neighborhood. The Boynton Beach Target Neighborhood is that geographical area located in the City of Boymon Beach, Florida, that is delineated by NE & NW 6th Avenues to the South, NE & NW 13th Avenues to the North, Interstate 95 to the West and the FEC Railroad to the East. The foregoing statement of purposes shall be construed as a statement of both purpose and powers, and the purpose and powers stated in each clause shall, except where otherwise expressed, be in no way limited or restricted by any reference to or inference from the temps or provisions of any other clauses, but shall be regarded as independent purposes and powers. Notwithstanding any other provisions of these Articles of Incorporation, the corporafi6n shall not conduct or carry on any aq~vities not permitted to be conducted or carried: on by an organization exempt from taxation under Section 501 (c) (3) of the Internal Reverru-e Code and its regulations as they now exist or as they may be hereafter be amended, or by an organization, contribuuons to which are deductible under Section 170 (c) (2) of the Internal Revenue Code and Regulations as they now exist or as they may hereafter be amended. This corporation is organized pursuant to the Florida Non-Profit Corporation Act, and does not contemplate pecuniary gain or profit ro the members thereof and is organized for non-profit purposes. Registered Office: The initial registered office of the company shall be 428 NW 3rd Avenue in Boynton Beach, FL 33435 in the County of Palm Beach. 6. Registered Agent: The registered agent of the company shall be Willie Ward. Limitation of Powers: No part of the net earnings of the corporation shall inure to the benefit of or be distributed to its:members,- trustees, officers, or other lm'vate persons, except that the corporation shall be authorized and e~;owered to pay reasonable compensation for services rendered and to make payments and distr/butions in furtherance of the purposes set forth in Article 4 hereof. No part of the activities of the corporation shall be to participate/n, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these Articles, the corporation shall not carry on any other activities not pemfitted to be carried on (I) by a corporation exempt from Federal Income Tax under Section 501 (c) (3) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States Internal Revenue Law); or (2) by a corporation, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States Internal Revenue Law). 8. DissOlution: Upon the dissolution of the corporation, the Board of Trustees shall, after Paying or making provisions for the payment of all the liabilities and obligations of thc corporation, dispose of any and all of the assets of the corporation exclusively for charitable, educational, or scientific purposes as shall at the time qualify as an exempt organization or organizations under Section 501 (c) (3) of the Internal Revenue Service of 1954 (or the corresponding provision of any future United States Internal Revenue Law) as the Board of Trustees shall determine. Any such assets not so disposed of shall disposed of by the Court having jurisdiction in the county in ...... which the principal office of the corporation is then located, exclu~s, ively for such purposes or to such organization, as said Court shall determine, which are organized and operated exclusively for such purpose. 2 10. Board of Trustees: The number of trustees constituting .the organizing Board of Trustees of the corporation is seven (7), and they shall serve in this capacity only until a full Board c~f-Trustees has been instatled~in accordance with~the b,.y-la~s, The names and.addresses of the persons who are ro serve as ~theorganizing m~_s~ees are: Name: Address: Courmey Cain 1900 NE 2~d Lane, Boynton Beach, FL 33435 Victor Marshall Samuel Kendrick 380 NW 13 Avenue Boynton Beach, FL I81 NE 19th Avenue Boynton Beach, FL 33435 Jeanette Cain 1900 NE 2'd Lane, Boynton Beach, FL 33435 Elizabeth Jenkins I Street 711NW st Boynton Beach, FL 33435 Debra Marshall 380 NW I3 Avenue Boynton Beach, FL Willie Ward 428 NW 3~ Avenue Boynton Beach, FL 33435 By-Laws: The by-taws of the corporation shall be adopted by its Board of Trustees. The power to alter, amend or repeal the by-laws or to adopt new by-laws shall be vested in the Board of Trustees. 11. Incorporators: The names and addresses of each incorporator is: Name: Address: Courmey Cain 1900 NE 2nd Lane, Boynton Beach, FL 33435 Victor Marshall 380 NW 13Avenue Bo.vnton Beach, FL Samuel Kendrick t 81 NE 19th Avenue Bo?uton B~ach, FL 33435 Elizabeth Jenkins WillieWard 711 NW 1 ~ Street Boynton Beach, FL 33435 428 NW 3rd Avenue Boynton Beach, FL 33435 12.Principal Place of Business: The principal place of business of the corporation shall be 428 NW 3rd Avenue, Boynton Beach, FL 33435 in the County of Palm Beach. IN WITNESS W-HEREOF, we the undersigned incorporators have hereto set our hands on this 15th day of December 1999. ~i~or. M~rshall - Willie Ward g'~muel g2emfrick J~iiz~l~th Jenkins ~ STATE OF FLORIDA BEFORE me, the undersigned Courmey Cain, Victor Marshall, Willie authority, personally appeared before me Ward, Samuel Kendrick and Elizabeth Jenkins on December 15,1999, who are personally known by me, and who subscribed the above Articles of Incorporation, and they did freely and voluntarily acknowledge before me according to law that they made and subscribed the same for the uses and purposes therein mentioned. 4 IN WITNESS WHEREOF, [ HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL at Boynton Beach in the Stare of Florida on this 15th day of December, 1999 Nota~. Public State of Florida My commission expires: Having been named as registered agent and to accept service of process for the above stated corporation at the place designated in these articles, I hereby accept the appointment as registered agent and agree to act in this capacity; I further agree to comply with all statutes relating to the proper and complete perforce of my duties, and am familiar with and accept the obligations of my position as registered agent. Registered Agent: Willie Ward Date IlL X. NEW BUSINESS B. BOY'NTON BEACH FAITH BASED CO~y DEVELOPMENT CORPORATION REQUEST FOR FUNDING CITY OF BOYNTQN BEACH Background: The Boynton Beach Faith Based Community DevelOpment Corporation, Inc. was formed out of the vision of two residents of the City of Boynton Beach and the mission .and aspirations of over 11 local churches. With these aspirations, a group consisti~ng o! clergY, church mem.bers; busine.ssmen, social Service workers and. concerned citizens began meeting. Several strategm planmng meenngs were held with the assistance of Local InitiativeS Support Corporation (LISC) The group:, identified goals, objectives, a target area and proposed activities to make a difference and guide their The churches to join together with citizens to help the homeless, Boynton Beach. Out of this promote the £mancial development, home human services, unification of target area. The group has ' Development Corporation number and applied for IRS tax als0 identified two immediate projects that itplans their desire to > was for and concerned in a mission: To business the has Amount of Request: $5,000 Purpose and Uses of Funding: The Boynton ;Beach Faith Based Community Developmem Corporation is requesting funds to cover some of its operating costs. A copy of the Proposed budget for this fur~ding request is attached, l~unds will be ~sed for general expenses, postage, marketing and p omot~on of the CDC s acUv~tms, commumty events for education and a, ware. ness.' Other funding is being solicited through grant application, aonauons ~rom member churches, businesses and proposed fund raising activities. Members of the group showed their commitment to this effort by d.o.nating ,.Cynd ' in the amount of $700 for incorporation fees and t=-exempt status apptmanon. IV. Objectives oftheCorporation: The CDC sees the following as ItS main objectives: } To develop and sustain parmerships with various~- groups, businesses, govemmemal entities and agencies m the Boynton target area is use. To area for low and moderate income families, , T° ~educe fl?emt;rnb~ of ~a~ant lots and other co~n~ons o£ slum and bligh~ within the ~get a~ea, ' . .i. i -- .oPreyent~tiomele~SS;.... . . - . . T6 lisp '-~ :~[ schal heai.th of the neigh., borhood. a area have minor themselves. Th~ recruiting Classroom participants in (1 ~ a Handy Man Program. prowsion of minor in the target Support Service parem female-headed households jobs. that they are tunable to handle Preapprenticeship Program involves and unemployed youth for .. building consla~ction skills. The skills such as. trim carpentry, will: for the abo~e' ~,rograrns Support Corporation, Performance to Date: The CDC has been in operation for only two months but has achieved admirable results since then. Apart fi-om expediting its organizational infrastructure, the group has already undertaken one successful corrimunity event. In December 1999, the group fed over 100 needy persons. Without a pause, the CDC began planning another community event on February !9, 2000 to promote its efforts and provide information and entertainment for: the community. The CDC is also in the final! stages of comPleting a'd00r_to door needs survey of the target area. 2 Target Neighborhood: That area in ~he City of Boynton Beach located between NE & NW 6th Avenues to the South, NE & NW 13t~ Avenues to the North, Interstate 95 to the West and the FEC railroad to the East. VIII. Participants and Stakeholders: · New Mount Zion Missionary Baptist Church Bible Church of God · Bread of Life Temple · New Beginnings Baptist Church · Church of God in Christ · St. John Missionary Baptist Church · Supernatural Deliverance Church of Christ · ~91m Beach County Housing Authority · Concerned Citizens for the COmmunit~ · Police Athletic League · MAD DADS · Boys to Men · Locallnitiatives Support Corporation · Tropical Realty BOYNTON BEACH FAITH BASED CDC pROpoSED BUDGET GENERAL FUND REQUEST CITY OF BOYNTONBEACH AMOUNT OF REQUEST: OFFICE SUPPLIES: POSTAGE: COMMUNITY ORGANIZING AND SPECIAL EVENTS: MARKETING & EDUCATIONAL MATERIALS: ADVERTISING: $ 500 500 1,450 800 AMOUNT OF REQUEST: $5,000 SS-4 Application for Employer Identification Number (Rev. ~ebrum7 ~9c~) (For use by employers, corpo .rations, partnerships, busts, estates, churcheS, govemme'~lt agencies, certain individuals, ~ others. See ir, st~cUons.) De~attn~t ~ the Treesur/ ~mernal ae~anue S~v~e ~' Keep a copy for your records. I ~ne of applicant (legal name) {see instructions) 2 Trade ~me ~f business [if different from nam~ On line 1} 3 ~xecut.,~, truste~..care of" name ' 4a Mailing address (strut. address) (r~oom, apt., or suite no.). 5a Business address [if different from address on lines 4a anci 4b) 4b ~: sta~ ~n~ 7J~' c.~de~'' - ' / __ 5b City, state, and ZIP c~e 6 ~ount~ ~nd state Where pdncip~ b~siness is located , ' 7 Name ~f p~ncipai 0f~er, gen~r:al pa'~', grantor, owner, ~r tj~s~r--SSN or'mN may be ~ (s~ ingrains) ~ Type o enti~ (Check on y one b0~.) (see nstructions) Caution: if applicant is a limited liability company, see the.inst~ctions for line Sa. [] SOle proprietor (SSN) : [] Estate (SSN of decedent) [] Par~rlemhip [] Pmsonai service com. [] Plan a~minist~tor [SSN) [] REMIC [] National Guard [] Other corporation (specify) [] State/local govemment [] Farmem' coopa~ive r-~ Trust [] Church or churc~.-controi;~ed organization [] Fe~leral gov_~nt/mititary [] Other (spec~7) ~- ab If a Corporation, r~'ne t~e state or foreign country State Foreign ~count?y (if app caDe) where nco~pomted ~ ~ 9 R~s~on ifor a~plying (Check only one box.) (see instructions) [] Banking purpose (specify purpose) I~ ~started new business (specify type) ~. [] Changed type of organization (specify new type) ~- [] Purchased going bus~ness r-] Hireci employees (Check the box and see line 12.) ~-~ Created a tn.~t (specify t~pe) ~' [] Created a pension plan (specify type) I~ [] Other (spec~y) · 10 Date~ business stertsd or acquired (monfl~ day year) (see instructions) 11 Closing mont~ of accounting year (see instructions} 12 First,date wagss or ennu[ties were paid or va b~ f~d (month, day, year). Note: If app#cant ~$ a w~thholding age~ enter data mcorne first be paid to nonresident alien. (m~nth, day, ye~) ............ 13 HigilpSt numb~ of employees expected in the next 12 months. Note.' If the applicant ~ not I Nonagri_¢ulturaI I Household exp~ f0 have any employees d~a~ng the pe~f~d, enter -0-. (see ins~uctions) ' ' ~' I ~) I ,.,,., . .................... -- Ye~' p~' 'p ' activity manufacturing L-I If 'Yes," principal ~ and raw material used ~' 16 TO ~hom am most of ~e pr~lucts or se~ices sold? Please check one bo~ [] . Businass (wholesale) 17a Has~heapplcante~erappiiedf~'enempt~erident~icatio~numberf~rthisorany~b~? .... ii Yes/~:s~r~o No~: If ~'es,- please complete line~ 17b and 17c. Requested City Conmaissinn Meeting Dates [] November 16, 1999 [] December 7.1999 [] December21. 1999 [] January 4, 2000 NATURE OF AGENDA tTEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI-LEGAL TTEM A. 1 Date Final Form Must be Turned to City Clerk s Office November3, 1999 (5:00 pan.) November 17. 1999 (5:00 p.m.~ December 8, 1999 (5:00 p.m./ December 22, 1999 (5:00 p.m.) Requested City Commission Meeting Dates [] January 18,2000 [] February L 2000 [] Febraaryl5,2000 [] Mmch 7. 2000 [] Adminislxative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Aunouncemem [] Date Final Form Must be Fumed in to City Clerk's Office Janbary 5, 2000 (5:00 p.m.) January 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) Febmmy 16, 2000 (5:00 p.m.) Devalopn~ent Plans New Bus,ess Legal Unfinished Business Presantanon RECOMMENDATION: Please place the request below on the January 18, 2000 City Commission agenda under Legal Second Reading, Ordinance No. 099-39. As you may recall, the fttst reading took place at the January 4t~ City Commission meeting and was approved. The Department of Community Affairs has reviewed the amendments pursuant to Chapter 163 F.S. There are no conditions of approval recommended. Staffrecommends that this ordinance be approved. For further details see attached ordinance, EXPLANATION: PROJECT: APPLICANT: DESCRIPTION: EAR-Based Comprehensive Plan Amendments School Siting and Intergovernmental Coordination The City of Boynton Beach Request for amendments to the City's comprehensive plan to modify the Future Land Use Element and Intergovernmental Coordination Elemem to incorporate state mandated school siting and intergovernmental coordination goals, objective and policies in accordance with Florida Law PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D e p ar t m e ff(o f~D'e -~-~o ~m~n~ · Dkector [51arming and'Zon~rl~yn:e ct o~r // City Attorn~/F~ance / Human Resources ORDINANCE NO. O00- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING AMENDMENTS TO ITS COMPREHENSIVE PLAN XI-LEGAL ITEM THE INTERGOVERNMENTAL ELEMENT AN ACCORDAN COORDINATION TO LAND AN EFFECTIVE DATE~. WHEREAS, {he-State Legislature or'the State of Florida has mandated that ail municipalities draft and adopt Comprehensive Plans to provide thorough and consistent planning with regard to land within their corporatelimits; and WHEREAS, the State LegiSlature of the State of Florida/has mandated that all municipalities draft revisions to their Comprehensiv~e Plan regarding Intergovernmental Coordination and School Siting issues;and WHEREAS, the State LegiSlature of the State- of Florida has mandated that all municipalities, must adopt such revisions by OCtober 1, 1999, and December 31, 1999; and WHEREAS, all amendments to the Comprehensive Plan must be adopted in accordance with detailed procedures which must be strictly followed; and WHEREAS, the City of Boynton Beach has held all duly required public hearings prior to submission =of these amendments to the plan to the State Department of Community Affairs in accordance with Chapter 163, Florida Statutes; and WHEREAS, the City' Commission desires to adopt the revision amendments consistent with its current Comprehensive Plan to guide and control the future development of the City, and to preserve, promote and prote~ the public's health, safety, and welfare; NOW THEREFORE, BE IT ORDAINED 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 adopts the Future Land Use an(~ Intergovernmental Coordination amendments to its Comprehensive Plan, which amendments consist of the pages, which are attached hereto as Exhibit "A", and made a part hereof and which will be incorporated lot0 the current Comprehensive Plan... ~ copy of the Comprehensive Plan, as amended, is on file in the Office of the City Clerk of the City of Boynton Beach; .Section2. The City Clerk is hereby directed to trans any other unit of: local government;who has filed a written requE Ien (.10).working days after-ado@t~on~ in accerdance withes :torida Statutes. All laws and ordinances applying to the Cit / of Boynton Beach n conflict with any provisignsofthis~ordinance are hereby repealed, Section 4. Should any :section or provision of this Ordir~ance or any portion :hereof be declared by a court of competent jurisdiction to be ir valid, such decision shall not affect the remainder of this.Ordinance. Section& The effective date of.this Plan Amendment shall be the date a final order of compliance is issued by the Department of C(,mmunity Affairs or Administration Commission finding the amendments in compli~nce in accordance with Section 163.3184, Florida Statutes, whichever occurs eadi, r. No development 3rders, development permits, or land use dependent on this amendment may be 'ssued (Sr commence before it has become effective. If a final order on 3oncompliance is issued by the Administration Commission, th s amendment may 3evertheless be effective by adoption of a resolution affirming it ~ effective status, a ;opy of.which resolution shall be .sent to the Department of Community Affairs, ~ureau of Local Planning, 2555 Shumard Oaks Boulevard, 7 Ilahassee; Florida 32399-2100. tit five (5) copies of ;tate Land Planning ting Council, and to st for a copy, within ~ction 163:3184(7), FIR_S_]' READING this ,f~ day of January, 2000. SECOND, FINAL READING AND PASSAGE this day of January, 2000. CITY OF BOYNT-'~BF~CH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner \TTEST: Commissioner City Clerk ¢~ Community College: A main campus site shall be a minimum of one hundred (100) acres. Each separate center site shall contain sewer, solid waste, potable water: draina_c,e, and roads al'ltl a~Dro~riate'bus stor~s ,are to Be in,?~lace, to,serve ,the~ nro~os~ u~¢: ~r~:,i-ihe Schoot Boa~'d shall 501otain a w'rittCn agreement ~fr~m ,the service ~rov, ide~:assurin~ acl~lato ca~acit3, i~ a~ailhble.. - . - ' - - with public schools, where compatible, and the potential exists ~'0 :reate logical focal points, for community activities. Early review and coordination will be modified as necessarv to timely consi~lgr these'ootentials-. [r~c:~'~unction ~ith~;co-l'ocafional t;ac lities, and :transrt r~d~s fi.om ~eollee~O~',m~e~ rhaa ~teriM roadways ~C o~locamd facdmes ~{hat ~es~ma4ed,,along ~en als should have on-site amenities~tobe~semiced by mass }~ansit o) cmmunim shu~le services, Objective ;8~i? ,-' with the and Policy 8.7.2 Policy 8.7.3 Policy 8.7.4 Objective 8. I0 Policy 8.10.4 service tO monitor Informal a the two that are within the Policy 8.10.5 ~o. com. orate limits, prior to annexation of any parcels into th~. Ci _ty. Policy 8.10.6 Policy 8.10.7 The City. 5hall pursue int~locaLa~reement$ with InCa go ~vemmentaLmummnalities time. have ~dentified , ~- . ~ ~. or ~donted ~mre ~ land use des~anons f°r admcentamncomorated areas Th a~r~ents woffid ~tabhsh ,~mmrnlannln~ar~s' (JPA ~ Policy 8,. 10.8 Objective 8.11 City shall continue its present which the proper ~ development. Policy 8.11.1 Policy 8.11 Policy 8.11 by The CiI~ addressed the City L unincorpot"~tcd Requested CiPy Commission Meetin~ Dates [] November 16, 1999 [] December?, 1999 [] December21, 1999 [] January 4, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 3, 1999 (5:00 p.m.) November 17, 1999 (5:00 p.m.~ December 8, 1999 (5:00 p.rm) December 22. 1999 (5:00 p.m.) Requested City Commission Me~tiu~ Dates [] Jalluary 18. 2000 [] February l, 2000 [] Februa~ 15,2000 [] March 7, 2000 XZ-LEGAL ITEM D.1 Date Final Form Must he. Turned in to City Clerk's Office January 5, 2000 (5:00 p.m.) January 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) February 16,2000 (5:00 p.m.) NATURE OF AGENDA ITEM [-- Administrative [] Development Plans [] ConsentAgenda [] New Business [] Public Hearing [] Legal [] Bids [] Ume/mished Business [] Announcement [] Presentation RECOMMENDATION: Kilday & Associations, be permitted time to address the Comrmssion in a short presentation to outline the reqtiired changes to the Settlement Agreement and Covenants, as they relate to Alhambra Square North. EXPLANATION: Applicant, through its agent Kilday & Associates, has requested a modification to the Stipulation and Settlement Agreement as well as the Declarmton of Covenants and Restrictions that pertain to the Alhambra Square North property, to permit a la~d use amendmant and rezoning of a portion of the property. The applic~ proposes to change the ~and Use.d_esi .g~ffon and Zo.n/ng District of 1.92 acres of the property to Local Commercial Retail and Community ommermal Dtst~ct, respecttvelv. PROGRAM [MPAC'I: FISCAL IMPACT: ALTERNATIVES: Commission will not consider any modification to the Stipulation and Settlement Ag~eemem. Depart~eflt l~-~ad's Signature City Attorney's Office Department Name City Mdnager s Signature City Attorney / Finance ' Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC - -100 E. Boynwn Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Oj~ce of the City Attorney V a Facsimile Only (561) 689-2592 December 21, 1999 Mr. Chris Kerr Kilday'~& Assodates 1551 FOrUm Place, Suite 100A West Palm ,BeaCh, FL 33401 Re: Modification to the StipUlation/Settlement Agreement and Declaration of Covenants/Restrictions affecting Alhambra Square North Dear Mr. Kerr: I am in receipt of your letter of December 21, 1999. Your request comes too late for the 3anuary 4, 2000 agenda. Your item will appear on the 3anuary 18, 2000 agenda under Legal Other. I will advise the Commission by my own Memorand0rn that you w I be mak nga presentation to authorize the requested changes, to the settement Agreemeht and 'Covenant. lit would facilitate the Commissions' review if you would provide a re.d-lined copy of the Settlement Agreement and Covenants so they could see precisely what changes you are proposing. City Attorney .1AC/ral "An Equal Opportunity/Affirmative Action/ADA Emptoyer"~ Kildav & A~ociams Landscape Architect/Planners 1551 Forum ~ace. Su;tl 10OA We~ P,Im Beach, Florida 33401 (661 ) 689-6522 · Fax (561 ! 68~-2592 www.kiidoyine.c~n D=ccmbez 21, 1999 Mr. James Cherof, Esq. Josias, Goren, Cherof, Doody & Ezro], P.A. 3099 East Commercial Blvd. Suit~ 200 Fort Lauderdale, FL 33308 Modi~afion to t~e Sfipulation/$etfl2ment A ~eement and Declaration of Coven~nU/Restrictions affecting Alhambra Square North D=~r Mr. Chemfi Our office is the authmized agent for the con~t purchaser of the referenced property located at the no,beast come~ of Golf Road and Col~ess Avenue~ Per our meeting on November 22, 1999, this letter/s written to reques~ to be pl,c~d on the Agc~ ,q~ of thc JallUary 4, 2.000 City Commissioll raeefing. The pllll~ is tO l'eqtlast a modificat/on tO the S~on and Settlement Agreement as well as th= Declaration of Cove~n~ and Res~'ictions~that pena~ m ~hc Alhsmbra Squa~ North prop~'7, Th~ modification will permit ~ land use amendment and rezon/~ of a port/on of thc property. Both the Scttlcatent Agreement and the Deciamion of Covenants and Resuiotions allocate the Land Use Designation on the AlhAmbra Square North pwpeny to OC (Offce Comra~cial) and the Zonln~o District to C-I (Office Prof~sianal), Th~ applicant proposes to change the Land Use cle. sigr~on and Zonin! Distriot of 1.92 acres of the property to Local Co_m_me~cial P,e~ail (LCR) and Coammnity Commcrchfl Dis/r/ct (C-3), respe, cXively. Based on several meetir~s with the Boynion Lehurcvillc community, ~ ~ ~nfid~ ~t ~o~sio~ ~ ~ ~ to ~ ~cnd~ ~p~ ~ ~t ~1 ~ ~ir con~. Fur ~c J~ 4m, 2~ ~ ~ ~ m ~ ~low~ ~ ~t a ~ p~en~n to ~e Commi~on ~ o~e ~e ~ ~g~ ~ ~c Sc~i A~cmmt ~d Cove~. Ple~ ~1 ~ ~ ~y q~o~ or ~. ~l~y & ~i~s Cc: Sim Zengage, Southern Development Scrvices, Inc. Bill Lynch, President; Boynton Leisu~ville January 12,2000 Mr. Dennis Pfeil CommerCial Property Manager Investments Limited 215 No. Federal Highway Boca Raton, FL. 33432 RE: Round III Core Grant- Yachtsman's Plaza Dear Mr. Pfeil: I have received the January 10, 2000 packet of additiol Melanie Dale. I believe that I have most of the information th matter back before the City Commission at their Commission meeting. I am now in rece~ pt of the following: 1) An Executive Summary for the project. 2) A project budget (please note the comments below) 3) A bank account statement showing the availability years of tax returns). 4) An insurance certificate. 5) A project feasibility statement. Commen~: 1) The budget statement that was submitted on Janu; plan to spend $5(; 000 on this project. When one 10th submittal and the orig Irrigation and landscaping Air conditioning Air conditioning installation Roof repairs America's Gateway to the Gulfstream XII-UNFINISHED BUSINESS ITEM A Caulking Pressure cleaning Plastering 1,057.50 15.000.00 6,420.00 Total submitted work write-ups $ 40,911.92 You will need to reconcile the final work write-ups with your $50,000.00 proposed budget. 2) 3) Although you have submitted a Summary of Account Balance statement from a local bank (which the County Economic Development Office has said would be acceptable in lieu of 3 years of tax returns), you have not submitted a statement of financial commitment. This wou d either be a loan letter ora good faith-letter from a bank; or a written stat, part that you "understand that ~his program is a re .program, and that County/City fUnds will only flow on~ is completed,and closed Out." Since you have increased your project budget from $50,005.00, it would be my position that we should amen and City's participation as follows: .~ment on your imbursement e the project 34,491.92 to the County's $15,000.00 County (30%) 5,000.00 City (10%) With your commitment to create 3 new full-time iobs, we will have a County grant leverage of $5,000 per job created and a City grant leverage of $1,666.66 per job created. It is my recommendation that you be in attendance at the City Commission meeting of January 18th to provide us with any of the additional information requested or to answer any further questions the City Commission may have. Very truly yours, CITY OF BOYNTON BEACH Dale S. Sugerman Assistant City Manager 215 No. ederal Highway Boca Raton. Floricla 33432 (561) 392-89~0 January 10, 20~ Dale Sugarm~ City of l~oynto: I00 East Boym P.O. Box 310 Boymon Beach Via Fax a~ M~ I have e~close( ju~Scation for Federal High,,va to mutually r~ with our e, ombi: My client look assistance axaix 01' ~ or With kindest n Cc: Dennis Pf~ lames H. B~ Fax (561) 392-3561 ~ea~h ,a Beach Blvd. Fl. 33425 1:561-731-0065 lan: for your r.~iew t~e proposed budgek executive summary, and project the Yightsmm~tBoymon Beach Plazas, located at 1550 and 1600 North ~', Boyntou Beach, Florida. ~tmer~s Limited greatly appreciates the opportunity to work in ~_~t? City o£Bo.y~t, on Beach an.d Palm B~ach County. W~ look forward ~,m--g~suc~ss ~ ~e .com~.u_mty .radcvalopmem project. I am sur~ that Da erzorts we wll trmy I~autif-y and redefine Boyatoa Ben,h. forward ~o ~orking with you and we thank you in advanc~ for your )operation with th~se matters. Should you have any additi?n?, ques~iom require additional materials, ptease ~ont~t our Co~iu~'ozal Property ~ P~all at ~he above numbers or by c~llular phone at 561-289-3269. I,rcIs. ~anuary 10, 201 [rv~estments L~ North Federal South, We h~ 215 No. Federal Highway Boca, Raton. Florida 33432 (s61) 392-s920 Fax ($61) 392-3561 ~t is committed to revitalizing the properties located ~ 15~0 and 1600 [ighway, Boynton Beach, Florida, known a~ Yaclusman Plaza North and envisioned a n~,,er and e~citing property at both locations. South Florida s~rrounding Projects in ,para,ed investment company that has been operating in ov~t 12 years. The Company m~anges a number of propea~ie~ We have pnrticipated in the Community Redevelopment Raton, Dclray Beach ~nd look forwnrd ~o joining the Plantation Our plans a new favade, landscaping, improvements to the Air Conditioning all of which can be done quickly and efficiently. We look beautification to paftiCil~ting in this grant program as well as participating in the Sanuary 10, 20~ L - Air CO~ ~. Paint~ ~. Stucco 4. Roof~ TOTAl 215 No. Federal Highway Boca Raton. Florida 33432 (561) 392-8920 Fax (561) 392-3561 fitioning Improvements ' Pressure Cleaning/Barrel Tile }air ~.t~ls~aping $12,500.00 $15,000.00 $6,5OO.OO $6,OOOOO S10,000_00 SUMMARY OF ACCOUNT BALANCE STATEMENT ON FILE OFFICE OF THE ASSISTANT CITY MANAGER 11:'30/99 11:~1 FAX 9549335666 Sel~11~ ~0o~ Ft. Lauamrdale, FL 33309 ~ ~$ ~C C~GE ,~ ~ PACIFIC INS,CO.[TD. 215 NO · ~0 DAY CANCEL~TION A~ FACADE: · Stucco Plas~ destrea~l ~ · Paintinz P~ color paint. il) LANDflCA~ to adt:quatel and/or replm C} ROOF RF.,! · Roofing Pa limited to all 215 No. F~eral Boca Raton. Florida 33432 (561) Fax (561) 392-3561 Proiect Justification ~-b~_: All Brick-type areas, including lower ba~ and arches, to include ratch and finish coat ~o replicate cor~l .~lillg: High powered pres__~_,re cleaning of all Brick and StUcco surfaces. Clean and Seal-Coat Barrel Tile Roofs. tch, prime, and paim all stucco surfaces except for lower bas~ and archways. All previously painted surfaces to receive new and different nprove and/or replace existing irrigation. Add additional imgation lines ' facilitate the growth and longevity of existing ami new vegetation. Install numeious Royal Palm Trees n~ar ent~ays. Also, improve e e~xisting sl~ubl~y and ~shen up with annuals. AIR: ch and repair any and ail older and wom sections, including but not twelve AC drip pans and areas around AC shrouds. astall 12 AC unit stands with shrouds and r~conn~rt. XII. UNFINISHED BUSINESS C CITY OF BOYNTON BEACH OFFICE OF THE ASSISTANT CITY MANAGL INTER-DEPARTMENTAL CORRESPONDENCE DATE: TO: FROM: SUBJECT: January 12, 2000 Wilfred J. Hawkins, Interim City Manager Dale S. Sugerman, Assistant City Manager Outline of Contract Provisions Construction Manager (CM) at Risk Downtown Stormwater Retention Project (Pond "B") Attached to this memorandum is a brief outline of the draft provisions for a: Construction Manager at Risk contract between the City and ~C. DM Engineers & Constructors, Inc. This is the type of contract we will use to get Pond "B constructed. The formal conltract wit] be presented to the City Commission at their February 1, 2000 meeting. I would ask that you insert this memo and the attachment into the City lCommissien's agenda packet for their meeting of January 18, 2000. I will be in attendande~at the meeting to answer any questions the City Commission may have on this subject. Thank you for your attention to this matter. Dale S. Sugerman Assistant City Manager CC: James A. Cherof, City Attorney John Guidry, Utilities Director STORMWATER IMPROVEMENTS FOR DOWNTOWN REGIONAL FACILITY- BASIN 1 (POND "a") Known as a Construction Manager at Risk contract. Agreement between the City of Boynton Beach and CDM Engineers & Constructors, Inc. The project is the installation of a stormwater system and modifications to the existing storm, water sewer inlets and stormwater pipes fora downtown regional f~cility, including the construction of a stormwater holding pond, pipe network, boardwalk and gazebo. The specific work is the construction management and construction services required to complete the project. The Construction Manager will provide all materials and equipment, supervision, inspection, testing, labor, tools, construction eq~uipment and specialty items necessary to execute and complete the construction of the project. The Construction Manager will secure required certificates of inspection, testing or approval required for building construction and deliver them to the City. The Construction Manager will perform all of the work, and will engage sub-contractors through an "open book' effort. That is, the City will participate in the decision-making process for the awarding of subcontracts and the purchasing of materials. Schedule- Substantial Final Completion Completion Base Bid Item I Parts il, III, and IV 180 days 210 days 300 days 365 days Compensation- The Construction Manager's compensation for the performance of the work under the agreement consists of three components. The three components are: 1) FIXED PRICE FEE- the Construction Manager agrees to perform the work for a guaranteed maximum price of $4,950,000.00. 2) SUBCONTRACTED VALUE- any savings in subcontract cost from the original scheduled value of subcontracted work will be shared fifty percent by the Construction Manager and fifty percent by the City. 3) CONTINGENCY- a contingency of $247,500 (9%) will be established to address additional payment for subcontract costs in excess of the original schedule of values, and unanticipated conditions that may be encountered during construction. Fifty percent of the unused portion of the contingency shall be paid to the Construction Manager and fifbj pement returned to the City. Insurance- the Construction Manager will provide all of the necessary insurance, with a minimum of coverage of $1,000,000~00 per occurrence. Dispute Resolution-the City and Construction Manager will use dispute mediation to resolve disputes between the parties.