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Agenda 12-05-00
The City of City Commission AGENDA DECEMBER 5, 2000 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Bruce Black Commissioner District II William A. Sherman Mayor Pro Tem District III Charlie Fisher Commissioner District IV Kurt Bressner City Manager 'RlCT II DISTRICT Visit our Web site www.cL boynton-beach,fl.us WELCOME Than k you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PART~CZPAI'~ON AT CTTY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an, official agenda for every meeting of the City Commissioners, wh ch determines the order of business conduced at the meeting. The City Commiss On will not take action upon any: matter, proposa, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the preSentation for consideration and action. · Consent Agenda Items: These are items,.whiCh the Commission does not need to discuss individually and which are voted on as a group. ·listedRegularon theAgendaagendaItems" These is whi~h~ ~ :,.the -C°mmissi°n~ will discuss individually in the order · indh~a~es appr°Vai °i~'the agenda item. Th s can be by either a roll Call vote. SPEAI(~NG AT COMMISSION MEETINGS: AUdience~The publiCandiS encouragedon an,/; regulart° offeragendaComment tOitem, the Corem ssion at their meetings during Public Hearings, Public City Commission meetings-are business meetings, and as such, the Commission retains the right to limit discussion on an iSSue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment ~y the Public Card" and give it tO the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As ~a gene~: practic~, comment cards will not be accepted after presentation of an agenda item has~-- begun. · Public Hearings: Any citizen may speak on an offidal agenda item under the section entiUed "Public Hearings"i · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agendal The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular ,,Ag,enda iItems: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion ~as beenimade and properly Seconded. Please use the green colored card for matters listed on the agenda, The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When your name is catled, please step up to-either podium and state, for the record, your name and address. DECORUM: Any person making impe~inent or slanderous remarks or who becomes boisterous while addressing the Commission v~ F b~ barred from further aud ence before the Comm ss on by the presiding officer, unless permission to ~ontinue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, t00 East Boynton Beach Boulevare, Boynten Beach. All regular meetings are held typically o~ the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). December 5, 2000 CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Reverend William Magill - St. Joseph's Episcopal Church C. Pledge of Allegiance to the Ftag led by Mayor Gerald Broening D. IF YOU WISH TOADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · G~VE ZT TO ~THE CZTY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED. · COMETO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES, E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLIC AUDIENCE.' INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3oMINUTE PRESENTAI~ONS ADMINI'STRATI'VE: A. Accept resignation of Richard Philpot~, Regular member of the Employees' Appointment To Be Made Pension Board Appointments to be made: Board Length of Term Expiration Date IV Fisher Mayor Broening II Black I Weiland Advisory Bd. On Children & Youth AdVisory Bd. On Children & Youth Bldg. Board of Adjustment & Appeals Education Advisory Board Alt 1 yr term to 4/01 Tabled (2) Stu/Reg/N(m-Voting 1 yr term to 4/01 Tabled (2) A~t 1 yr term to 4101 Alt ~. yr term to 4/01 Tabled (3) City of Boynton Beach Agenda Regular City Commission December 5, 2000 Mayor Broening Hayor Broening I Weiland II Weiland Mayor Broening Employees' Pension Board Nuisance Abatement Board Nuisance Abatement Boaro Planning & Development Boaro Recreation & Parks Board Reg 3 yr term to 4/01 Reg 2 yr term to 4/02 Alt 1 yr term to 4/01 Alt z yr :erm to 4/0! Tabled (3) Alt ! yr term to 4/01 Tabled (3) ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: TNT Concert - Friday, December 8, 2000 from 6:00 p.m. to 9:00 p.m. at Oceanfront Park - Holiday Tunes December 19, 2000 City Commission Meeting will be held at Galaxy Elementary School at 6:30 p.m, Boynton Beach Police Department "Annual Christmas Toy Giveaway" - December 23, 2000 at 11:00 a.m. at Hester Center B. Presentations: 1. Proclamations: a. "Bill of Rights Day"- December 15, 2000 Orientation PowerPoint Presentation Ubrary/Museum - Virginia Farace - UDrary Director V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Special City Commission Meeting of November 8, 2000 Regular City Commission Meeting of November 8, 2000 Agenda Preview Conference of November 16, 2000 Bids - Recommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget City of Boynton Beach Agenda Regular City Commission December 5, 2000 Award the "CO-OP ROAD CONSTRU~.IION MATER[ALS", BID #017-1411- 01/KR, to three vendors as outlined in the back-up material, for an estimated expenditure of $76,011 Award "RFQ FOR N EDICAL DIRECTOR TO OVERSE THE EMERGENCY MEDICAL SERVICES AS PROVIDED BY FIRE RESCUE/EMTS, PARAMEDICS AND I TFEGUARDS", RFQ #007-2210-01/KR, to Dr. Kenneth A. Scheppke of _lupitar, Florida, in the amount of $21,000 (PROPO$£D R~$O£ UI2rON NO. R O0-~ 6~) Award the "PURCHASE OF TWO BULK TRASH AND REFUSE COLLECT~ON/'I'RANSPORT VEHICLES" BiD #006-2516-01/KR, to Atlantic Truck tenter in the amount of $105,912 Award the RFP for "ENTERTAINMENT COORDINATOR FOR THE 2001 GREAT AMERICAN LOVE AFFAIR'; RFP#005-2710-01/C. JD to Big Beat (Pr°du~ti°n' Inc.PROt~OS~D RESOLUIXON°f Cora] SpringS,No, RooFl°d~a~7~f°r an expenditure of $15,000 Approve the "PURCHASE OF NEW/REPLACEMENT LAW ENFORCEMENT puRSU1T VEHTQ-Es"'~r~ the amount of $458,372 from Duval Ford utilizing State of Florida C°ntraCt#070-001-99-! Approve the piggyback of Palm Beach County BID #99186/VMG to Odums Sod, Inc. in the amount of $13,770 for sod for Pence Park Ballfield Resolutions: Proposed Resolution No. R00-171 Re: Reaffirming the appointment of Kurt Bressner as City Manager of the City of Boynton Beach and authorizing and directing the Mayor and City Clerk to execute an amendment to the employment agreement on behalf of the City with Kur~ Bressner Proposed Resolution No. RO0-172 Re: Approving the revised Recreation & Park Department Revenue Policy Manual & Fee Schedule Ratification of Planning & Development Board Action: Boynton Shoppes (Side Yard Setback) - Request for relief from Chapter 2 Zoning, Section 5.F.7.e. requiring a mlmmum 30' setback to allow a 17.5' variance or a minimum 12.5' side yard setback within the Boynton Shoppes PCD City of Boynton Beach Agenda Regular City Commission December 5, 2000 Grotto Bay @ Bermuda Place - Request for Technica Site Plan approval for 15.16 acre pod in the Quantum Park P[D. The mixed-use pod will contain 272 multi-family residential rental units and require code waivers pursuant to Ordinance 00-52 Boynton Shoppes - Request for new site plan approval to construct an additional 3,000 square foot retail building located on a 0.727 acre outparcel in the Boynton Shoppes PCD Eo Boynton Landings - Not ce of Appeal from the June 20, 2000 decision of the Planning and Zoning Director, denying Boynton Landings' r~quest for a minor modification of the approved site plan Approve Task Order #! with Hartman & Associates for the preparation of design/build documents for the installation of a new 12" water main to complete a loop on Hypoluxo Road from Overlook Road to Seecrest Boulevard and replace existing small rear easement water mains in the San Castle area east of 1-95 in the amount of $43,650. These documents will be used to obtain competitive bid/design proposals. Approve the expenditure of $23,090 for the purchase of two Trimble ProXR GPS units from GPSServe, Inc. The Trimble ProXR GPS units are on SFWMD Bid #RFB 00-0~. VZ. Cz i t' MANAGER'S REPORT: Recommendation of Selection of Planning Consultant for Federal Highway Zoning in Progress Study - Award RFP #012-2410-01/C.]D to Hichelle Mellgren & Associates for the "FEDERAL HIGHWAY CORRIDOR PLAN" in the amount of $25,000 (PROPO$~'D/~E$OZI./1ZONNO. R~-.~Y3) B. Report on CRA Appointment Process Report and Recommendation for License Agreement with FEC Railroad Ocean Avenue Promenade Project PUBLZC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERI,II'rs A. Project: Grotto Bey at Bermuda Place (Easement) (APPLZCANT REQUESTED POSTPONEMENT TO NOVEMBER 28, 2000 PLANN~'NG AND DEVELOPI~IENT IqEEFING) Agent: :]oni Bdckman, AICP, of Winston Lee & Associates, Inc. Owner: Quantum Park & Village, LLC Location: The east side of Quantum Lakes Drive, south of Gateway Boulevard Description: Request for 20' utility easement abandonment between Lots 60 and 61 in the Quantum Park PID City of Boynton Beach Agenda Regular City Commission December 5, 2000 Project: Agent: Owner: Location: Description: Boynton Shoppes PCD (Heise PCD) Robert E. Basehar~, Basehart Consulting, Thc. Boynton Shoppes, LLC 1620 S. Congress Avenue Request for Major Master Plan Modification to allow for the construction of an additional 3,000 square foot retail building located on a 0.727 acre outparcel in the Boynton Shoppes PCD Project: Agent: Applicant: Location: Description: Woolbright Place PUD Kilday & ~ssociates, :inc. Wood Partners West side of SW 8~ Street, approximately 1/8 mile north of W°oll~dght Road Request for rezoning from PCD to PUD and amend the previously approved PUD master plan to allow for construction of multi-family dwellings on 14.18 acres at a density of 10.8 DU/VC Project: Agent: Owner: Location: Description: Boynton, Beach Boulevard PCD (EDs Wholesale Club) (Right-of Way) Roscoe L Biby, P.E., Kimley-Hom & Associates, Thc. University of FIodda Foundation, :inc., A Florida CorporatiOn .and University of Florida Foundation Znc., a Rodda Corporation, as Trustee So~we~ corner of Boynton Beach Boulevard and Wind, eSter Park Boulevard Request` for abandonment of a 30' road nght-of-way VIII. FUTURE AGENDA ITEMS: A. Ordinance on Non-Conforming Signs (December 19, 2000) Resolution of :Intent to Establish Fire Service Special Assessment (December 19, 2000) Display of New Fire Rescue Apparatus (December lg, 2000) Rescue Vehicle (Ambulance) Heavy Rescue & Special Operations Vehicle Presentation of Five-Year Strategic Plan for the Black Awareness Celebrations by Michael Brady and Bruce Lewis of L.B. Limited & Associates, ~nc. (December 19, 2000) E. Future Annexation Areas (3anuary 2, 2001) City of Boynton Beach Agenda Regular City Commission December 5, 2000 F. "Name Pond B" Contest Demonstration of GIS Project to City Commission, CRA and Planning & Development Board (February 6, 2000) DEVELOPMENT PLANS: None NEW BUSZNESS: Review Applications/qualifications for Possible Appoin~nent of District III Commission Seat Request for Zoning Text Amendment - Outdoor Dining 'n CRA Area by Special Use Permit LEGAL: A. Ordinances -- 2na Reading - PUBI TC HEARING Proposed Ordinance No. 000-63 Re: Amending Land Development Regulations as follows: Chapter 2, Section 6.C.!; Chapter 2, Section 6.D.1. to include nightclub; and Chapter 2, sectio~ 6.E.1.B (Z~# ~USI.~'C Proposed Ordinance No. 000-64 Re: Deleting Article X of Chapter I and Section 3.B. of Chapter 23 of the Land Development Regulations and Article II Section :L of Chapter 21 of the Code of Ordinances and amending Chapter 1.5, Sections 4.1 and 4.3 of the Land Development Regulations in order to clarify and further specify the procedures applicable to variances Proposed Ordinance No. 000-65 Re: Deleting Chapter 18. Article IX, Early Retirement Incentive Program, in its entirety, reserving Sections 18-223 through 18-230 Propo,~.=d Ordinance No. 000-66 Re: Creating an Early Retirement l!ncentive Program; providing requirements for participation in the Early Retirement Incentive Program; providing criteria for qualification for early retirement; approving and issuing a statement of actuarial impact; approving the form of agreement for participation in the Early Retirement Incentive Program; directing City Administration to furnish a copy to the Division of Insurance City ofBoynton Beach Agenda Regular CityCommis~ion December ~ 2000 Proposed Ordina rice No. 000-67 Re: Amending Land Development Regulations as follows: Chapter I, Article II Definitions; Chapter 9. Community Design Plan; and Chapter 21 Signs, Article II, to create a definition for wall murals and establish a process and guidelines to review future wall murals Proposed Ordinance No, 000-68 Re: Amending Land Development Regulations, Chapter 2, Section 1i L. to allow the regulations to be ~nodified to a ow gas sa es anc laM to a principle use in a PCD, Subject to minimum acreage and other site st~andards Ordinances - 1s~ Reading Proposed Ordinance No, 000-69 Re: Amending Article I of Chapter 2, Section 2-13.1 in order to amend the power and duties of the Community Redevelopment Agency and amending Article I of Chapter 2 Section 2-13.2 relating to the CRA to provide that the City Commission shall no longer-be the governing body of the Commu, n ty Redevelopment Agency (CFL~) and to provide for the board members appointment by the City Commission Proposed Ordinance No. 000-70 Re: Creating Article II of Chapter 1.5 of the Land Development Regulations to provide for the powers and duties of the Community Redevelopment Agency (CRA) pertaining to land within the CRA Doundanes Proposed Ordinance No. 000-71 Re: Amending Article I, Chapter 1.5, Section 1 of the Land Development Regulations to add a new SUDSection E.; providing for limitation of the Planning & Development Board's authority in the Community Redevelopment Area, providing for transfer of authority, function, powers and Outies to the CRA Proposed Ordinance No. 000-72 Re: Establishing annual boat launching andtrailer parking fee for Boat Club Park an Proposed Ordinance No. 000-73 Re: Amending Chapter Nine, Entitled "Fire Protection and Prevention" of the City Code by creating and establishing Article V[IT "Hazardous Materials" regulations, Section 9-71, "Disclosure and SafeW Requirements'; providing for definition, exemptions from disclosure and enforcement C. ResoluUons: None City of Boynton Beach Agenda Regular City Commission December S, 2000 XII. Other: 1. a. Ratification of Code Compliance Board action: Reduce the fine in Case #99-2474 (2510 NE 4~" Court) from $7,875 plus 634. i2 in administrative costs to $2,000 b. Rescind the fine in Case #99-502 (220 SW 4~ Avenue). The original fine totaled $10,500 plus $538.27 in administrative costs. UNFINISHED BUSINESS: None OTHER: A. Informational Items by Members of the City Commission XI'V. AD3OURNMENT: NOT~CE (F.S. 286,0105) WH[Od EL~iC)RD [NQ. UDES THE TES"rJHONY AND EVIDENCE UPON WHICH THE APPEAL ]S TO BE BASED. CONTACT ]OYCE CO~rELLO, (561) 742-6013 AT LE~T ~VE~Tr-FOUR ~OURS P~OR TO THE PROGP~q OR ~ IN ORDER r~R THE J :\$ H R DATA\CC\WP\CCAGENOA~AGENDAS\ 120500.DO0 FINAL AGENDA - 12/0112000 10:40 AM III-AD~IINISTRATIVE ITEH A November 4, 2000 Mrs. Barbara LeDeau Pension Coordinator Employee Pension Board City of Boynton Beach 100 Boynton Beach Blvd Boynton Beach, Florida 33435 RE: My resignation from the Employee Pension Board Dear Barbara: Please let this letter serve as a follow-up to my telephone call alerting you to the fact that I will no longer be able to participate on the Board. I have served a little over 2 years now, and I fred my business obligations constrain me to the extent I cannot adequately prepare myself for capable participation in these important meetings. Rather than rubber stamp motions that come before the Board, I feel it is in the best interest of all concerned, that I conclude my participation. I suggest that Mr. Hill, at Bethesda Hospital be approached to replace me, as I have heard that he may be interested. With running that Hospital, he certainly has the ability. I thank you for your kindness. I hope that I made a positive difference on the Board, and that my participation was pmdant and benefited the city. 1361 SW 27~ Ave Boynton Beach, FI. 33426 Request~l City Commission Meeting Dates ] November 21.2000 [] December 5, 2000 [] December 19.2000 ] January 2. 2001 IV-ANNOUNCEMENTS & PRESENTATIONS CITY OF BOSTON BEAC ITEM A.2 AGENDA ITEM REQUEST FORM Date Fina] Form Must be Turned in to City Clerk's Office November 9. 2000 (5:00 p.m.) November 22.2000 (5:00 p.m.) Dc, cernber 6, 2000 (5:00 p.m.) December 20. 2000 15:00 p.m.) Requested City Commission Meeting Dates ] January 16. 2001 [] February 6, 2001 [] Fcbruavj20, 2001 [] March 6, 2001 January 3, 2001 (5:00 p.mo January 17, 2001 ¢5:00 p.m.) February 7,2001 (5:00 p.mo NATURE OF AGENDA ITEM [] AdminisWative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfia~ishedBusmess [] Announcement [] Presentation RECOMMENDATION: The Boynton Beach Police Department will be having our annual Christmas Toy Give Away. This consists of Officers helping to wrap toys for those families that are in need and then passing them out. The "Give Away" will take place on 23/Deed00 at ll:00a.m. The Explorer Post 396 of the Police Department will be helping our officers distribute these gifts. The Hester Center will be the location for the give away. EXPLANATION: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Depamnent Head's Signature lc.-' Department Name City Manager's Signature City Attorney / Finance / Human Resources S:\BULLETII~FORMSLAGENDA ITEM REQUEST FORM.DOC TV-ANNOUNCEMENTS & PRESENTA'r~ONS WHEREAS, the First Ten Amendments to the Constitution of the United States of Amenca, known collectively as the Bill of Rights, were ratifiedon December 15 1791 and WHEREAS, the Bill of Rights recognizes, affirms and protects fundamental human and civil rights for which persons of alt races have strugg ed for thousands of years; and WHEREAS, to preserve the fights and freedoms secured by the Bill of R ghts, our Forefathers, and hundreds of thousands of men and women served on the police agencies and Armed Forces of the Un ted States have sacrificed, suffered and died: and WHEREAS, the rights and freedoms guaranteed by the Bill of Rights deserve perennial celebrations and the sacrifices made to .:)rotect the Bill of Rights deserve eternal remembrance: and WHEREAS. a Bill of Rights Day would declare America's commitmem to fundamental human rights to the whole world; and WHEREAS, just as celebrating religious holidays reminds Americans of ~ur religious beliefs and traditions, a Bill of Rights Day would remind Americans ~f the manner in which our history and philosophy have secured the dghts for which oppressed people everywhere still yearn; and WHEREAS, to commemorate/he Bill of Rights with a special day would honor the fundamental rights it enshrines and the secfifices made to create and preserve these dghts, and would proclaim these dghts to the citizens of this City, to this Nation and to the World. NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach do hereby proclaim December 15, 2000, as BILL OF RIGHTS DAY In Boynton Beach, Flodda, and urge all citizens of our City to observe the annuat Bill of Rights Day in a manner mat bdngs to mind the meaning and importance of each of lhe Ten Articles contained in that BiiL IN WITNESS WHEREOF I. Gerald Breening, have set hereunto my hand and caused the Seal of the City of Boynton Beach, Flodda, to be affixed at Boynton Beach, Rodda, this 5· day of December in the Year 2000. A~E~: Gerald Broening, Mayor C'rty of Boynton Beach City Clerk (Corporate Seal) V-CONSENT AGENDA I'TEM A-2, MI'NUTES OF THE REGULAR CI'TY COMM]*SSI'ON MEETI'NG HELD I'N COMMI'SSI'ON CHAMBERS~ CI~TY HALL, BOYNTON BEACH, FLOR/DA ON WEDNESDAY, NOVEMBER 8, 2000 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor William Sherman, Vice Mayor Bruce Black, Commissioner Chadie Fisher, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, Deputy Clerk I. OPENINGS: Call to Order - Mayor Gerald Broemng Invocation - Reverend Randall Gill - First Presbyterian Church Pledge of Allegiance to the Flag led by Mayor Pro Tem Wi lam Sherman Mayor Broening called the meeting to order at 6:30 p.m Pastor Randall Gill of the First Presbyterian Church gave the Invocation and Mayor Pro Tern Sherman led the Pledge of Allegiance to.the Flag. D. IF YOU WISH TO ADDRESS THE COMMISSION: FILL OUT THE APPROPRIATE REQUEST FORM GIVE IT TOTHE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION 'OF THE AGENDA HAS BEEN cOMPLETED. · COME TO THE PODIUM WHENi THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. Mayor Broening thanked all the c tizens who voted during the last election and noted the turnout at the polls was indicative of the nterests of the ctzens n the changes taking place in the City. Commissioner Fisher also thanked everyone for voting. Commissione~Black thanked Mr. Segal! and the City staff for the good job they did in getting the voting information out to the Citizens. Vice Mayor Weiland felt that the passing of the new term limits and the single member districts are great steps forward for the City. Mayor Pro Tern Sherman also thanked !he people ~for passing the single districts. This was a great victory for the City.' MaYor Pr~ Tern Sherman stated that the City Commission Meeting of November 1 (21), 2000 would be his last meeting for personal Florida November 8, 2000 and professiOnpl reasons, wh ch have resulted n h s be ng unab e to execute fully his duties a~ a'~ember of the City Commsson Mayor Pro Tern Sherman felt hs constituents de~erved more and he thanked everyone for ass sting him n the management of the C ty for the past 20 months. E. Agenda Approval: 1. Additions, Deletions, Corrections There were none, 2. Adoption Commissioner Black moved to approve the agenda. Vice Mayor Weiland seconded the motion that unanimously carried. VI. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS David Katz, 742 NW 1flth Street, Boynton~Beach thanked Mayor Broening, Vice Mayor Weiland, and Mayor Pro Tern Sherman for their courage in bringing.forward the single member districts on the ballot. Mr. Katz said that this has now put an end to the power brokers in the City and that the new power brokem of the City. are the people. Robert Roche, 3851 N. Ocean Boulevard, Gulfstream stated that he is President of the Gulfstream Shores Condom nium Assoc ation. For the. past six months he has been working With the City to hook-up to the City s sewer ne and asked the Mayor and the Commissioners to assist him on this. Mr. Roche stated he wrote to the City on September 13~ to determine what'needs to be done and has not heard back. Mayor Broening informed Mr. Roche that he would be contacted very short y from someone in the City. Ms. Shirley Jaskiewicz, '1917 SW 13th Avenue, Boynton Beach said that she attended a Community Forum Meeting and heard a[ that meeting that some members from the School Boundary Committee indicated that the new Boynton Beach High School would not include participation by all Boynton Beach. students. She further pointed out that any studer{t res~ing nor[~ of Min~r Road and South of 23n~ Avenue would be excluded from the new High School Ms Jaskiewicz said t made no sense that the westin boundary eXtends out~ to RoUie 441. Ms JaskiewcZ urged that the Commission register strong oppos tion to the change n boundar es. Terry Pereira, 7692 Colony Lake Drive/,BOynton Beach thanked the Utilities Department for the wonderful job they did at NE' 19th Avenue and seacrest and noted how nice the area looks. Mr. Pereire thanked~ the rComm ss oners for their support of the two items on the ballot and he looks, fo~ard tC~ the transformation` and benefits resulting from these two changes. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 Mayor Broening closed the Public Audience portion of the meeting. III, ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Board Length of Term Expirat/on Date ii Sherman Children & Youth Advisory Board Alt 1 yr term to 4/01 Tabled (2) I Weiland Bldg Board of Adjustment &Appeals Alt. I yr term to 4/01 Tabled (2) ~ Weiland Education Adviso~ Board Alt I yr term to 4/01 ill Sherman Nuisance Abatement Board Reg 2 yr term to 4102 Tabled (2) tV Fisher Nuisance Abatement Board Alt 1 yr term to 4/01 Tabled (2) II Weiland Planning & Development Board Alt 1 yr term ta 4/01 Mayor Broening Recreation & Parks Beam Alt I yr term to 4/01 Mayor Pro Tem Sherman appointed Welton Sanders to the Advisory Board on Children and Youth as an Alternate Member, All other appointments were tabled. IV. ANNOUNCEMENTS & PRESENTATIONS: Mayor Broening made the following announcement: A. Announcements: 1. TNT Concert at Oceanfront Park - Friday, November 17, 2000 from 6:00 p.m. to 9:00 p.m. - "None Other" (Modern Pop/Rock) B. Presentations: 1, Proclamations: -- a. "National Epilepsy Awareness Month" - November, 2000 Mayor Broening read a Proclamation declaring the month of NOvember 2000 as "National Epilepsy Awareness Month" in the City of Boynton Beach. b. "Veterans Day Memodal Celebration" - November 11, 2000 at 11:00 am. Meeting Minutes Regular City Commission MeeUng Boynton Beach, F orida November 8, 2000 Mayor Broening read a Proclamation declaring Saturday, November 11, 2000 as the "Veterans Day Memorial Celebration" in the City of Boynton Beach to take place at Jaycee Park. 2. Presentation by State Representative Addle Green Because State Representative Addle Green had not yet arrived, this item was delayed until later in the meeting City tomorrow is a Presentation to Citrus Cove Elementary Panther Cheer eaders that thi out of order because one of his teams at C trus Core Elementar3 cheerleaders tO com~.d'p to the participated inthe :F; Sheila Ross and; of nouncee that they Mayor Coach out of the ~h..!!~renwill be perfermieg at the 4 Orientation PowerPoint Presentation - Communications - Phyllis Dixon Ms. Phyllis Dixon, Interim Communications Manager from the City of Boynton Beach gave a PowerPoint presentation of the operations of the Communications Departmen, t. (A copy of the presentation is attached to the original minutes On file in the City Clerk s Office.) Ms. Dixon pointed out that Communications is a division of Administrative Services and there are currently 15 dispatchers with two to be added, together with five shift supervisors. Their Mission Statement is dedicated to providing everyday excellence in emergency dispatching, plus quality communications, equipment and services to the City of Boynton Beach Their Department has an 800MHz t~unked radio system and was the second in the State of Florida to use this system. The Department has also updated to a Computer Aided Dispatch System. Communications dispatches for Fire, Police and EMS services on a 24-hour, 7-days a week basis. The dispatchers are nationally certified as emergency medical dispatchers and are fully trained to assist the public through any emergency. 4. Presentation by Diana Tedtmann on School Boundaries Ms. Virginia Farace distributed a handout on the School Boundaries. 4 MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 Ms. Diana Tedtmann, 869 NW 8th Avenue, Boynton Beach. Chairperson of the Edu cation Advisory Board said she would be reading the handout to the Commission. However. first she wanted to thank all the people that helped putting the document together:. Sarah Williams, Garfield Hamilton, the EAB Committee Virginia Farace. Wilfred Hawkins and Dan DeCarlo. (A copy of the letter is attached to the onginal minutes~) Ms, T, edtmann stated that these recommendations would be presented by the EdUcation A~dvisory Board at a meeting schedu ed for Thursday n ght by the Advisory Boundary C~mm t~ee at the School Distdct H~adquarters at 6:30 p.m. Mr. David Fellows, 638 NE 9th Avenue, .Boynton Beach noted that the City of B0yntoniBeach has ~een .a strong supporter of e~ucat on. Mr. FellOws pointed out ~ow iml~or~ant it is Ko the redeveloPment o~ the City to attract new businesses by providing a g0~)d environment With qualit~ §chools. He commended th® Education Advisory Board in trying to address the proposed changes in the school boundaries. Mr. Fellows said that he had done an analysis of student achievement in the schools while he was a member of the Education Advisory Board. The student achievement mirrored a poor community and the City's students reflected this lower academic achievement, which deprives the community of economic resources. Mr. Fellows said if the school boundaries are rezOned, B0ynton Beach would wind up,.With older, dilapidated, and disadVantaged schools in the coastal areas; while new schools would continue to be built in affluent communities in the ,west. Mr. Fellows requested that the City Commission in an official capacity doeverything possible to addressthis issue. Commissioner Fisher would like the~ Commission to endorse the recommendations of the Education Advisory Board. Commissioner Black requested that the endorsement take the form of a motion so that the Education Advisory Board could take it to tomorrow' night's meeting, or a statement~ on the City's letterhead, Commissioner Black said that he planned to attend the meeting also. Mayor Broening suggested that a resolution be adopted. Mr. Hawkins commended all the work and efforts that the Education Advisory Board and Ms. Tedtmann have put into this issue. City Manager Bressner said that a resolution could be prepared in advance of the meetl~g and requested that a motion be made. Motion Commissioner Black moved that the City Commission support the Education Advisory BOard s findings and that a letter be drafted by tomorr(~, Thursday, November 9th. Motion seconded by Commissioner Fisher and unanimously carried. Mayor Broening also thanked Ms. Tedtmann. members of the Education Advisory Board and Ms. Virginia Farace for spearheading these efforts. 5. Presentation by State Representative Addle Green Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 Mayor Broening announced that State Representative and County Corem ,ss oner-e oct Addig Graen t~ad arrived, MayortBroen ng prese'nted-"Reptesentatlve-(~i-eb~wi~t~ a ,welc0me ProclamatiOn. _ , , State Representative Green thanked the Commission for inviting her. Ms. Green' noted that she has served as eight a _egi Tal r Minutes: 1. Joint., City Commission/Community Relations Board Workshop ..Meeting of October 11, 2000 2. ,,Agenda Preview Conference of October 12, 2000 3. ·,~ Regular City Comm ss on Meeting of October 17, 2000 B. Bids - Recommend, Approval - All expenditures ara approved in the 2000- 2001 Adopted Budget- Approve the use of Metro 'Services Consultants Incorporated for an independent fira hydrant audit based on the same pricing schedule as offered to the City of Austin, Texas (Contract #S990219) with estimated expendituras of $66,000 (TABLED ON OCTOBER 17, ~000) Removed for discussion at the request of Vice Mayor Weiland. Award the bid for "CONSTRUCTION & NSTALLATION OF FLUORIDE SYSTEMS AT THE EAST & WEST WATER TREATMENT PLANTS" BID #099-2821-00/CJD to Marine Engineering Contractors, Inc. of Lake Worth Florida for an expenditura of $279;500 (PROPOSED RESOLUTION NO. RO0. 151) Extend BID #040-192-98/CJD for "TWO YEAR CONTRACT FOR ANNUAL INSPECTION AND TESTING OF FIRE ALARM AND DETECTION EQUIPMENT AND SYSTEMS" for one additional Meeting Minutes Regular City Commission Meeting Boynton Beachr Florida November 8, 2000 year, to Florida State Fire and Security, Inc., with an estimated annual expenditure of $11,760 per year Approve the p~ggyback of Palm Beach County Bid #99-052 to Villa & Sons Landscaping Corporaton for neighborhood landscaping projects in the amount of~$27,968.20 Piggyback off Contract for Services between City of Riviera Beach and Gallagher Bassett'~Services, Inc., effective 10/1/00 through 10/01/01 to perform adjustment services for liability and property claims in the amount ofi$46,246 (PROPOSED RESOLUTION NO. R00.152) Award the "ANNUAL SUPPLEMENTAL LABORATORY ANALYSIS FOR WATER, WASTEWATER, ETC;" BID #001-2821-01/KR, to Spectrum Laboratories, Inc, and Envirodyne, Inc. for an estimated annual expenditure of $1;3,000 Approve the sole source purchase of two ,Life Pack 12 Cardiac Monitors from MedtroniciPhysio-Control in the amount of $38,000 Approve the purchase of eleven mobile data terminal modems from Motorola asa sole source purchase in the amount of $27,502.20 Approve the pumhase of a Vehicle Transceiver Unit (VXU) from Invensys Metering Systems in the amount of $30,000 Resolutions: Proposed Resolution No. R00-153 Re: Approving the release of a cash bond of $11,495 to Abrams Construction, Inc. Proposed Resolution No. R00-154 Re: Accepting a Letter of Credit No. 3029736 from Bank of America in the amount of $305,330.30 as surety for the water and sewer improvements at the Wal-Mart Supercenter Proposed Resolution No. R00-155 Re: Authorizing the Mayor and City Clerk to accept and execute the Flodda Department of Transportation Highway Safety Plan Grant in the amount of $38,036, providing for a DUI Enforcement Officer position Proposed Resolution No. R00-156 Re: Ratifying the actions of the South Central Regional Wastewater Treatment & Disposal Board of October 19. 2000 as follows: 7 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 Authorization to expend $2,500 from Reserve & Replace, ment Fund on an emergency basis to replace three deteriorated 8" plug valves on "A" Plant aerator. b. Authorization.to exp.e.,n,? :$6 000 r ~O~ replace shaft & impellar on #3 RAS Pump ir~ 'B~ Plar~;return building Proposed Resolution No. F Re: Approving a of Boynton Removed for discussion at the request of Commissioner Black. 13. Ratification of Planning& DeVe 0pment Board Act on Quantum Lot 50B (Gale Industries) - L:ot 50B Quantum Park PI D - Request for new site construct a 14,810.square located on 4.25 acres _Woolbdght Medical Building (Freeman) ~ Woolbright Road and Street ('northwest corner) - Request for new site plan approval to construct a 7,380 square foot medical office building on 0.39 acres Approve payment, to The Police Law, Institute for one-year subscription to "Monthly Legal Update & Review" in the amount of $16,4929 Approve State Housing Initiatives Partnership (SHIP) Grant funds in the amount of $20,000 to Rodedck and Bddgette McClendon to pumhase, as first-time homebuyers, the property located at 246 SW 7"~ Avenue Approve the expenditure of $64,647 for the purchase of software, licenses and support for the LaserFiche Document Imaging project Motion Commissioner Black moved to approve the Consent Agenda, 'as amended. seconded by Commissioner Fisher and unanimously carried. Motion CONSENT AGENDA ITEMS FOR DISCUSSION: B. 2. Approve the use of Metro .Services Consultants Incorporated for an independent fire hydrant audit based on the same pricing schedule as Meeting Minutes Regular City Commission, MeeUng Boynton Beach, Florida November 8, 2000 offered to the City of Austin, Texas (Contract #S990219) with estimated expenditures of $66,000 (TABLED ON OCTOBER 17, 2000) Motion vice Mayor Weiland moved that the City Manager direct staff to look in-house to field a team to perform the fire hydrant audit for the City of Boynton Beach. Vice Mayor Weiland clarified his motion by stating that he d d not expect that the Utilities Department would be completely responsible for the audit. Vice Mayor Weiland felt that a team of City employees cou d perform the audit. Motion seconded by. Mayor Pm Tem Sherman. Mr. Bressner statedthat the issue is whether or not the City is going to have a pdvate contractor conduct the inventory of fire hydrants in the City. It had been anticipated that a consultant would be used. Some questions were raised at an eadier Commission meeting as to whether or not it could be performed in-house, rather than engaging a contractor. When it was determined what was going to be performed under the contract, it was noted that the actual mapping of the hydrants' locations in terms of including them on the GIS system was not incl.uded. There-also had been discussion about this project and how it related to an upcoming fire insurance rating progra~ that the Fire Department has be;ein working on. There are apprOXimately 1'00 po nts ass gned to a mun c pa ty for fire nsurance. Therefore, the more PO nts you. get the tower your fire insurance:. The Fire Department estimated that approximately 3% in points would be a~ributable for a fire hydrant audit. Mr. Bressner did not thi~k it was absolutely necessary to have the audit pure y for the SO Rating for fire insurance. Mr. Bressner would ke ko ,proceed w th a c°mbinat on of n-house staff and engineering student interns from FALl.; .With this combination, the mapping of the fire hydrants will'get included on the GIS?Ystem. Mr. Bressner said he had no prob em with t~e item being removed from the agenda. Commissioner F sher asked about the timing of the aud t Mr. Bressner stated if the C~ty were to utihze three or four students, the audit cou d be completed within five months, Commissioner-Black inquired whose responsibility it was for maintenance and the water pressure of the fire hydrants and how often is this done. Mr. Bressner said that he would follow through on this with a report from the Utilities Department. Vice Mayor Weiland inquired about the timing of the pumhase of the GPS packs. Mr. Bressner replied that the City has already received pdcing and there is a State price on the units at approximately $14,000 each. Vice Mayor Weiland asked if the GPS packs are readily available and Mr. Bressner replied they are an off-shelf item. MeeUng Minutes Regular City Commission MeeUng Boynton Beach, F orida November 8~ 2000 Motion carried 5-0. Mayor Broen ng inquired if the motion were broad enough to include the comments made by Vice I~ayor Weiland and Attorney CherOf stated tt~ey were not. Motion Vice Mayor Weiland amended his motion to include the City Manager's comments. Motion seconded by Commissioner Black and unanimously cart ed C,5. a Ballard & L Commissioner Black said that at the last week he raised some questions asked for ~ in the past and to date he.has received no past history. There are a lot of'issUes that must be addressed and he has some reservations. Mayor Broening responded that the City has nm used. a/obbyist in Taltahassee for the past 18 months. 15rior to that, Mayor Broen ng believed tl~at the consultant worked directly for the C ty Manager and the @rev ous M~yor and th s re ationsh p had not been passed on to further felt it future than building Broen ng another .staff. Mayor Broening e what :theflrm Could do for the City in the are many issues that this City has to Df franchise taxes, ; City. Mayor is this firm or the City and .Ms. Whoever the City does hire, it is important hah me~hs: and have a ' had~ Ballard to Mr. Bressner pointed out that it is important for,the City to have access to this type of assistance, particularly since there are a number of Pressing ~ssues that are- facing the city. Mr. Bressner pointed out the following important issues that need to be addressed: Economic development matters specifically along the Intrecoastal. Regulatory issues. Stormwater management issues. Permits for the Intracoastal Park and Boat Club Park l0 MeeUng Minutes Regular Ci~ Commission Meeting Boynton Beach, Florida November 8, 2000 Mr. Bressner said there are benefits.to having assistance in Tallahassee and noted that the previous administration made effective use of ~his part cu ar firm and there has been s0~e gobd work that .has.been' geneJ'ated. !Mr: Bressner said he was aware that their reputation was very gOod and he Wou d like to try Bal~lard & Co. for a year. Mr. Bressner suggested that a quarterly report could be prepared and if Ballard & Co. was not doing a good job, the contract could be cance ed. He noted that the Leg s atve Ses, Si0n requests are starting t© ,be deve °ped and f the City wants any ass stance it rnu~ ~ct ri~w.~ M~. Breather said he understood What ~30mmissioner Black had equated to as far as frustration during the past 18 months, but asked that the Commission consider moving forward with this. Vice Mayor Weiland concurred with the Mayor and Mr. Brassner that the City needs to move on this. Vice Mayor Weiland suggested that the firm that the City hires would have to prov de the City Manager and the C tyComm ss on with a quarterly report. Motion Vice Mayor Welland moved for approval of. Item C.5. Commissioner Fisher seconded the motion. Mayor Broening asked if thera was any further discussion. Commissioner Fisher would also like to move forward on this since the Legislature ~s starting, now and he would like the 12 items outlined in the agenda backup to be included in the contract. Mr. Bressner suggested that Commissioner Fisher read these 12 items for the benefit of thee audience to inform them of the City's pdodty issues, to which Mr. Fisher complied as f(Jllows:' 6. 7. 8. Regulatory issues and permit matters pertaining to lntracoastal and Boat Club Park; Following statutory changes; Interaction with the Palm Beach County Legislative Delegation as necessary; State, DEP Licensing and Regulations related to our water, wastewater, and stormwater; Work with Palm Beach County on cooperative annexation in land use planning; Work with Palm Beach County (this is a duplicate) Funding for County improvements for Seacrest corridor and other areas of mutual concern; Permits for construction proJects issued through State agencies; Meeting Minutes Regular City Commission Meeting Boynton Beach~ Florida November 8, 2000 Work with the FEC Railroad on access and permit issues involving crossings; he~isla(ive tracking-and a err ng to sul~plement the F O.i'id'a, League an~l Palm Beabh ~C~unty Eeague of'Cit~:~ reports :ASsistance to Oity¢in .facilitat ng meetings 'witi~;state'Eegislai6rs ~nd State Agency personnel in Tallahassee and i,n.Regio~ ;~ces and · 12. . Cooperative e¢ondmic' development activities' '.with Couniy.:a, nd State,-in¢!ud ng .Park: Corem ss oner Fisher requested that a status' report~on..theSe; 11 t~ms be ~brit E~d' on a quarterly basis p us anY subsequent items *that may t~e, a~ded to b%ii~ciude8 ~ the contract. { Commissioner Fisher requested that the motion be amended to include the quarterly reports and Mr. Bressner stated he would, take care of this. Mr. David Katz and Ms. Dee Zibelli stated from the audience that they had filled out request cards to speak on this subjeCt. The Mayor apologized for the overSight. Mayor Broening invited Mr. Katz and Ms. Zibelli to take the podium. Ms. Zibelli wished to speak on the history behind Mr. Bailard and stated that the former Mayor Jerry Taylor and Commission hired Mr. Ballard. She said that not only did the Mayor and some Commissioners receive camPaign contributions from Balard & Company, but also the former Mayor is an aide to M~ry McCarty, who is Mr. Ballard's sister: This gives the perception :of political patronage. We need the presence of a lobbyist in Tatlahassee, which she has been asking for for many years, but it should be done by going out to bid. Mr. Katz reiterated what Ms. Zibelti said regarding Mr. Ballard's background. Mr. Katz would like to know what Ballard & Co. has done for the CitY in the past. They tried to take credit for getting the high school intd the City and they had nothing to do with it. Mr. Katz stated it was the lobbyist from the Palm Beach County School Board that got the High School. Mr. Katz felt the City was not justified in spending $40,000 on this firm and should go out to bid and find another firm. Also, Mr. Katz felt that the City would never be successful in its annexation efforts out West and requested that this political patronage be stopped, Mayor Broening asked if any Commissioners wished to make a motion to reconsider the vote. Motion Meeting Minutes Regular City Commission Heeting Boynton Beach, Florida November 8, 2000 Mayor Pro Tem Sherman moved to reconsider the motion, which was seconded by Commissioner Black. Mayor Broening questioned Whether Mr. Black could second the motion since he voted against the motion and Attorney Cherof stated that this was permissible. Mayor Broening called for a vote on the motion, which carried 4-1 with .Mayor Broening dissenting. Vice Mayor Weiland said that not permitting ,Mr. Katz or Ms. ,Zibelli to speak on the item Was pur~ly unifltenti0nal and in nb,Wa~y did the cdmm ~sib~'W sh to exc ude them.from the discussion. Vice Mayor Weitand pointed out that prior to Vice Mayor Henderson Tillman leaving office he had suggested that the City do an RFP to hire a lobbyist. Vice Mayor Weiland agreed with Mr. Bressner that the session is ready to start and there is not enough time to do an RFP. I suggest that we move/forward with this and forget about the pa.st while setting some Parameters to keeP;a 'ch~ck and balance system in place. Aisc, a probation period of a year could b~':establi~shed and if the City was not happy after the year, the City could then go ou~ fb~ RFPs. Vice Mayor Weiiand Said that the Commission shOuld entrust the new C!ty Manager and move forward with this tonight. Mayor Pro Tern Sherman stated that he has been on the City Commission for 20 months and 12 months onthe Planning and :Development Board and he never met Mr. Ballard, Mayor Pro Tem Sherman further pointed out that the City had received nothing from Tallahassee last year and that the:City Should go out for bids, if time permitted. Commissioner Fisher also did not think there was enough time to go to bid and doesn't want to see the City lose out on anything. He also noted that the City didn't get anything from Tallahassee, because they didn't ask for anything, Commissioner Fisher would like to move forwarc~ with the caveat of, a six~-month probation !pedod.~ After the first s~x months if the City was not happy with Balllard this wou d a Iow p enty of t me to go out to bid for the next year. Commissioner Black felt that there: were no time constraints and when the session opens, the obbyists have a ready been wqrk ng for the pdor six months, t doesn ! start the day that at~ the new members go up to !Tallahassee. This has been going on day in and day out all through the course of whe~ the Legislature is not in session. Actually, Commissioner Black fe t it was too late because the groundwork had already been laid. Vice Mayor We land pointed out that it would take 60 to 90 days to go out for an RFP and then, ~t would probably take another r~@th or so before~!t could be looked at. V~ce Mayor We land thought that there are only {hree firms that Would be loOked at in any event. Also he noted that the City did recle~ve $500 000 towards remodehng of the Senior Center from Tallahassee. 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 Mayor Broen n§ pointed out that the advantage to hiring a lobbyist is that the City would gain intima_c,y ~ith ~he issUes, acquire information and get ins ~hts~on ~he process that you Wouldn t get by staying n Boynton Beach. Further, he Stated that ti~e is of the essence and'there are a great rgany new Leg S ators n Ta lahassee d Mr. Bressner ,DeJegat on Tal as ( Motion inclu chE FiSher, Mayor Bro.ening .a cards to speak on the issue. Vice,Mayor.Weiland moved to recess at 7:50 p.m. The me~i,ng reconvened at 8:20 p.m. VI, CI'I~' MANAGERcS REPORT: C ty Manager Bressner: introduced :and we corned Mr Jeff' L vergood the C ty's new PubticcWorks Director. Mr. Bressner read a letter that was received bY Mayor Broening from the Quail Run Community Association thanking the City for the installation of street lights on Woolbdght Road, between Knuth ROad and Congress Avenue. The letter also thank~l M~. Chris Roberts,. George Mantell and the entire Public Works Department for a job Well.done. A. Report on. purchase of~3.5 acre parcel north of Intracoastal Park Mr. Bressner reported that at a prior Commission meeting this issue was discussed and it was determined, that he and the City Attorney ~ould discuss - the issue wth representatives of the owner of the property. Mr. Bressner stated that they have three possibJe opt O~s fOr:cOnsideratiOn by the Commission {'or the purchase of the property. The purchase, prce for the proper;[y is $3.4 million, which is the appraised amount ude the )n ~3vedooking ~heir request 14 MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 determined by the appraiser retained by the City. The owner wanted $3.5 million, which included the brokerage fee. The owner has now agreed that the $3.4 million would be inclusive in the purchase price. The three proposed options are: Purchase the property outright on a cash sale for $3.4 million. Purchase the property for$3.4 over a three year pedOd which would require $2 million at closing and two payments $750,000 each for the next two years. The City could save approximately $70,000 utilizing this method of payment.. Purchase the property for $3 4 million over a five year perod of $1 million ~and $1 million, then $500~000 each over the next two years and $400,(~0 payable alu:ring ~the fifth year. The City could save approximately $120,000: to $140,000 utilizing this ~method of payment. The owner's representative indicated that any of the three proposed options would be acceptable. Commissioner Fisher said he still had reservations because there are no specific plans for this property. Mayor Pre Tem Sherman said that the City should act upon this in light of the 10-acre park that is located next to this proper[y. The City now has an opportunity to pick up an additional 3.2 acres and if som(~one else purchases the property, it will be lost. Vice Mayor Weiland said he feels this is too much money for the property and is not certain that the property ~s worth the purchase price V ce Mayor Weiland would like to have further negotiations while moving forward with the purchase of the property, CommissiOner Black said that even though there is nothing definit ve y planned for the property, it is important that the City acquire the property because t s ocated directly on the Intracoastal across from the Boynton Inlet. Commissioner Black acknowledged that this is a great deal of money, but down the line if something else were put in there, the City would regret not owning the property, This will now give the City an opportunity to do something wonderful on this land. Commissioner Black said that a decision should be made today to purchase the property. Mayor Breenin~g also pointed out that the property is located within the CRA and the job of a CRA is to acquire property for future use, Mayor Broening also noted that the Development Department is in the process~ of coming up with a plan for the entire Federal Highway Corridor and there is a six-month moratorium on building on Federal Highway. Mayor Broening said that the rcondition of the property is ~nsignificant compared to the location and its value and pointed out how property values have skyrocketed along the Intracoastal and that the price for the property was a fair pnce. Motion Meeting Minutes Regular City Commiss on Meeting Boynton ,Beach, Florida November 8, 2000 Commissioner B ack moved that staff be d rected to offer the $3.4 million for the 3.5 acre pamel nOrth of Intracoastal Park as an immediate cash payment and not consider the other two options. ~M~tiOn ~econded b~; MayorPr6 Tern sl~er~nanll : ' Vice Mayor Weiland would' like Commissioner Black to recons der the purchase price for the property and not offer the $3.4 Up front.' Vice Mayor Weiland' stat;gd that residential ~ropert~, al~ag the lntraboastal'is worth more than c~m~ciaJ, property and noted that the, property in queStion does not have a great deal of [~each ~f~ontage and because of this the pr(~perty is not worth as much a~S th~ ask nB'pice · CommisSiOner Fisher~requested,thaf c~mmis-sienel;Black, amend his motion to accept the:five, (5) y,ear offer. He,~loes rte:t!~, t.h~b~,n.~,~:ef ~y~ng cash when they are offenng the ~City ~h~'s:,th~r~d .~p~i~h Which,Woul~t~sa~/e~the~,O'~!ar~b~di~?l~di~00. Mayor Broemng als0 requested that commissioner BI~ck amend I~is ~oti0~.'t~'~end thepayment over five (5) years. Motion Commissioner Black amended his motion to change from a one-time cash payment to the five (5) year purchase payment plan. Motion seconded by Mayor pro Tern Sherman and carded 5-0. B. Discussion Regarding Reduction of Code Compliance Fines Mr. Bressner said that the Commission had requested staff to prepare a report on the reduction of Code Compliance Fines and the Commissioners were referred to the report included in ~heir Agenda packet prepared by Scott BlaSie, Code Compliance Administrator. Mr: Bressner pointed out that several years ago the emphasis ,switched from Code E?forcement to Code Compliance with the goal: b~ing property ma ntenance and to worklwith the property owners and assessing only adminiStrative cOsts. The actual fines themselves may not necessarily serve that good a purpose. Mr. Bressner pointed out the wonderful job the Code Compliance Department is doing within th® City combined with a variety of other programs available. Also, staff is recommending that the Commission consider as a policy, Whether or not the Commission would like to amend the Code to give the Code Compliance Board authority to hear and make decisions on cases, rather than hear the cases with recommendations to the City Commission~ This method would help to reduce the agenda workload of the Commission, The Code Compliance Board together with the Code Compliance staff is doing a wonderful job. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 Mr. Bressner said that a procedure could be put in place, f a decision is made by an Advisory Board, there would be a seven-day waiting period and if any member of the City Commission has any objections to a particular decision, it would come to the Commission This would also provide the Commission an opportunity to address a case if it sowished Commissioner Fisher felt that 99% of the people cited by the Code Department comply. Commissioner Fisher said that an incentive to make people comp y needs to be in place, otherwise there is no reason for a.,nyone to comply. Commissioner F sher does not want to eliminate the enforcement par~ ;~f the Code. Department with regard to trash, debris and abandoned automobilps'~andl WOuld like these types o! cases enforced. Commissioner FiSher felt the current procedure works and doesnt see a need to change it. Vice Mayor Weiland cqmmendee Mr. Bla,* ~ompli~n~ Board on thbir fine work to b, Mayor Weiland agreed that the seven;-d~ that could arise from resolving a case. Th, Commi,ssiRner Black felt that the 'Code eXCell~t'j~)b and th,~t they Were ir~ a b,e~ pay. He ~lso agreed thai the Code BO; day wa tng period. and Mr DeLiso, the Chairman of the Code utifylthe City and to enforce the Codes. Vice wai;~ing per~od could address any problems theCor~mission could step in. )apartment and Code Board were do ng an pos[tl0n to know if someone can or cannot ~h~ld make the decisions, with the seven Mayor Broening pointed out that all m~.mbers of the Code Comp anco Board are v01~nteers who P~t in long, arduous meeiingS a~nd agreed that the decisions shou d be left with that Board. Therefore, Mayor Bro~ning Called for a motion. M~otion C.ommiss~oner Black moved that the City plrepare an Ordinance to provide that the Code COmpliance Board would be the so~e authority to consider cases, with the re~C°mmendation of a waiting pedod of a[certain a~ount of time, based upon staff'S recommendations. Vice Mayor Weiland so'bonded the motion. Vice Mayor Weiland asked if this is feasible and Attorney Cherof stated that it was and this procedure is currently being done ~ith t~e recommendations of Planning and Development Board that appear on the consent Agenda. Commissioner Fisher requested that the Commission have the final authority if a case co, mos before it and whatever the Com~lssioB decides would be the final decision. Attorney Cherof said the Ordinance could~e constructed in this fashion. Motion carried 5-0. 17 Meeting Minutes Regular City Commission Meeting BOynton~Beach, Florida November 8, 2000 VII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER ASTHE AGENDA PERMITS A, .Project: Agent: Owner: Location: De§criptibn: Golf Road and Congress Avenue Drugstore (APPLICATION HAS BEEN WITHD~aJ~.WN AT THE rezone Mom B. Project: Agent: Applicant: Owner: Location: Description: TO AND Foundation Inc. a Florida of Florida Foundation evard for a Beach Boulevard and Planned Commercial in for 14.77 acres to store, gas station, a outparcels and C. Project: Agent: Owner: Location: Description: (Easement) POSTPONEMENT TO PLANNING AND & Associates, LLC um Lakes Drive, south of easement abandonment ,61 in the Quantum Park PID 18 Meeting Minutes Regular City Commission HeeUng Boynton Beach, Florida November 8, 2000 Mayor Broen~ng announced that all items have either been withdrawn and/or postponed. VIII. FUTURE AGENDA ITEMS: Review policy for cemetery late arrival fee and space requirements pending, review by Cemetery Board and funeral business (November 21, 2000) Future Annexation Areas (November 21,2000) ~eport and Recommendation on Eady Retirement for Police, Fire and eneral Employees INovember~21, 2000) Resolution of Intent to Estab sh Fire Servce Special Assessment (November 21, 2000) E. Further consideration of Mural Ordinance (November 21, 2000) F. Proposed Policy for Community Activity Grants (November 21,2000) G. Recommendation of SelectiOn of Planning Consu tant for Federal Highway Zoning in Progress Study (December 5, 2000) H. Report on CRA Appointment Process (December 5, 2000) I. "Name Pond B" Contest J. Review of Cemetery Operations IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. Discussion/Action on City Manager Compensation Benefit Package Mayor Broeni~-g noted that he had d str buted to each Commissioner a summary of Mr. Bressner's performance with the City after his first s~x months with the following recommendations for an excellent performance: To increase the severance payment from six (6) months to twelve (12) months. Provide hospitalization coverage for the severance period. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida November 8, 2000 Increase the City contribution to his ICMA/RC from the. preser~t $7,500 to $8.000. Motion Vice Mayor Weiland moved to increase the severance payment to nine ~9) months from six (6); to provide hospitalization coverage for the severance pedod; and to increase the City's contribution to ICMA/RC from $7,500 to $8,000. Motion seconded by Mayor Pro Tem Sherman. Commissioner Fisher felt that the City ~anager months to:find a pOsitiOn with,anotherco~pafil amended to include the full 12 Fisher and requested that Vice Mayor v~/ei!~i~d months? May0r~ Breening noted that :th~ City~ Commission and a year is not unreasonable t~ fir s g9ing to need mor~ than six to rune le~ City;.~d .~h~'~w~oUl~l~-~ike the motion -oen, ing:,~on~u~red with Commissioner ~end his motion to include the full 12 iaa~ffr~?~etves at .;~he ~pleasure of the Motion Vice Mayor Weiland amended his motion to increase the severance payment from nine (9) months to twelve (12) months. Motion seCOnded by Mayor Pro Tem Sherman and carried 5-0. Scheduling Future Comm ss on Meetings to be held throughout the Community Commissioner Black stated that he has been contacted by various organizations that would like to have the Commission meetings held at their locations. One request was received from Poinciana Elementary School to :host the December 19t~ meeting and Sterling Village requested hosting the February 20, 2001 meeting. Commissioner Black requested any COmments from the Commissioners. Motion Vice Mayor Weiland moved to approve that the December 19, 2000 meeting be held at Poinciana Elementary School and the February 20, 2001 meeting be held at Steding Village. Motion seconded by Commissioner Black and unanimously carded. Xl. LEGAL: Mayor Broening expressed surprise by Mayor Pro Tern Sherman's decision to step down as a Commiss oner on :November 21, 2000 and asked Attorney Cherof what the procedure would be to find a replacement for Mayor Pro Tern Sherman for the remainder of h s Ierm. Attorney Cherof pointed out that the City's Charter states that if there is a Vacancy, the Co~mission has two Comm ssio~ meetings follow ng the vacancy to appoint by majority vote a replacement for the balance of the time period 20 Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida November 8, 2000 from the resignation to the next municipal election, which would be in March 2001. If the Commission is unable to appoint a replacement in two consecutive regular meetings, then the Commission is mandated to call a special election. Attorney Cherof noted that Mayor Pro Tern Sherman indicated that his resignation would take effect after the November 21, 2000 Commission meeting. Therefore the Commission has two meetings, December 5, 2000 and December 19, 2000 to take action. Simple majority can do this. Since only four Commissioners would be voting, the vote would have to be 3 to I Mr. Bressner pointed out that the person must live in the District and be prepared to serve on an interim basis. Anyone interested should contact the City. A. Ordinances - 2na Reading - PUBLIC HEARING 1. Proposed Ordinance No. 000-69 Re: Expansion of CRA Boundaries Attorney Chemf read Proposed Ordinance No. 000-59 by title only. Mr. Bressner distributed a map of the area in question, There was no one in the audience that wished to speak on this item. Motion Commissioner Black moved to approved Proposed Ordinance No. 000-59. Commissioner Fisher seconded the motion. Deputy Clerk Prainito polled the vote. The vote was unanimous. Proposed Ordinance No, 000-62 Re: Abandoning a utility easement between Lots 32 and 33 in the Quantum Park PID, authorizing the Mayor and City Clerk to execute a disclaimer for said abandonment and providing that the disclaimer be recorded in the public records of Palm Beach County, Flodda Attorney Cherof read Proposed Ordinance No. 000-62 by title only. There was no one present who wished to speak on this Ordinance. Motion Commissioner Fisher moved to approve Proposed Ordinance No. 000-62, Commissioner Fisher seconded the motion. Deputy Clerk Prainito polled the vote, The vote was unanimous. 2! MeeUng Minutes Regular City Commission MeeUng Boynton Beach, Florida November 8, 2000 B. Ordinances - 1st Reading None C. Resolutions: None XlI. UNFINISHED BUSINESS: XIII. OTHER: XlV. ADJOURNMENT: There being no further business to come before the Commission, the meeting pmpeny adjourned at 9:10 p.m. CITY OF BOYNTON BEACH Mayor Vice Mayor Mayor Pro Tern ATTEST: Deputy Clerk Recording Secretary (three tapes) Commissioner Commissioner 22 V-CONSENT AGENDA MZNUTES OF THE AGENDA PREV/EW CONFERI ~TEM A'~3 HELD :[N THE LTBRARY PROGRAM ROOM ON THURSDAY, NOVEMBER 16, 2000 AT 5:00 P. Iq. PRESENT Gerald Broening, Mayor Ronaid Weiland, Vice Mayor William Sherman, Mayor Pro Tern Bruce Black, Commissioner Chadie Fisher, Commissioner Kurt Bressner, City Manager James Cherof, Qty Attorney Sue Kruse, City Clerk ~ALL TO ORDER City Manager Bressner began the agenda review at 5:05 p.m. V-B.6. Approve the split award of bid to two (2) companies for "REHABILI'TATION FOR MASTER ITFT STATIONS #316, #317, #319 & #356', BID #094-2821-00/C3D to Wideli, Inc. of Ft. Lauderdale, Florida for an expenditure of $1,547,000 and the line item part for additional work to convert existing can type station to a typical submersible stabon to Tdo Development of Pompano Beach, Florida for an estimated expenditure of $250,000 '(~ROI~OSED RESOLOTXON NO. RO0-~$~ & PROt~OS~D R~$OLUTXON~NO. RO0-~60) . City Manager Bressner requested that the additional information required regarding Tdo Development be provided to the Commission. V-C.6. Proposed Resolution No. R00-166 Re: Approving eleven (11) contracts for services for Community Development Block Grant (CDBG} sub-recipients previously approved for funding on August 1, 2000 City Manager Bressner advised that them are items that were previously app~o, ved by the City Commission. This item involves the work contracts. For the next funding cycle, the selection process will be modified so that there is some community involvement. There will be a rewew committee that will include representatives of the community as well as staff. Approve Change Orders Nos. 2, 3 and 4 on the Ocean Avenue Promenade project (Change Order #1 was the elimination of the 100 block from the project.) City Manager Bressner reported that some of the work involved in these Change Orders includes additional stormwater drainage work and a design issue. Mr. Sugerman added that one Change Order involved a water main relocation. In response to Vice Mayor Weiland, Mr. Sugerman confirmed that the net cost of the Change Orders will be [ess than $10,000. MI-- NOVEMBER 16, 2000 V~G. Approve the Communb/ Relations Board recommendaton for PATCH (Planned Approach t~> Community Health) Steering Committee ~nembemh[p Commissioner Black thought this issue was resolved when the Commiss oners ~xpressed their opinions that they liked the idea but considered it a community project CommiSSoRer Fsher pointed out. that st~ifftime w I :be requii-ed to Work w th PAT~H ; ~er~forei ~ch~ corm ~sien mustendbrse,the ~stablishmen~ of tlie St~efing committee. ~_; ,: ,:' · The language of this item will: be changed. 3. N. Approve ementation Plan. ~o. 2521878-1. of support one copy of ArcView3.2 GIS Extension These four GIS server. software on a Peter Wallace, training staff. Regina step. are the We have been working off ~ been spent on ~ training staff as a first Them is working on but since them are so At the present time, Bressner advised available that ouU )n their server. Mr. id a project plan is Co~missioner Fisher requested that the web address be addeclto "Favorites" on the computer in the Commissioners' Office. 2 MEt I ,NG M]~NUTES AGENDA PREV/EW CONFERENCE BOYNTON BEACH, FLORIDA NOVEMBER 1E, 2000 Mr. Bressner requested that Mr. Wallace and Ms. Hagger plan to do a demonstration project at the Library after the start of .the New Year for the City Commission, CRA and Planning & Development Board. VI-A. PowerPoint Presentation by City Manager and Commissioner Black - Murals of Lake PlaciC, Florida Commission Black and Mr. Bressner will make a presentation that will be a precursor to the ultimate recommendation to establish standards~fo~ murals in a specific geographic area in the community. VI-B. Propesed~Policy.for Community Activit-¢ Grants (November 21, 2000) Mr. Bressner explained that a draft propoS, al is iaduded, in the: back-up mateda. I..The funding involves a total of $125,000 (five @$25,00,0 each). The money th~at is not used would ge Dack nto unobligated reserves that would be availab e~or reapPropriatioh next year. VT-C. Follow-up report on Non-Comforming Signs Mr. Bressner advised that the next step~ would be to provide direction with respect to enforcement or non-enforcement. VII-A. Project: Agent: Owner: Location: Description: B3s Wholesale Club (Boynton Beach Boulevard PCO) Roscoe Biby, Kimley-Hom & Assodates, Inc. University of Florida FoundaUon, Southwest coroer of Boynton Beach Boulevard and Winchester Park Boulevard Request for conditional use/site plan approval to construct a 108,532 square foot Bls Wholesale Club, an ancillary gas station with 12 fueling positions, and a 4,875 square foot drive-in bank as a first phase on this 14.77 acre PCD VII-B. Project: Agent: Applicant: Owner: Location: Description: Boynton Beach Boulevard PCD (B.ls Wholesale Club) Roscoe Biby, Kimley-Horn &. Associates, Inc. Birchwood/Boynton, LLC University of Rorida Foundation, [nc., a Rorida corporation and University of Florida Foundation Corporation, as Trustee SOuthwest corner ..of Boynton Beach Boulevard and Winchester Park Boulevard Request approval for a Planned Commercial Development (ECD) master plan for 14:77. acres to include a Wholesale Club store, gas station, a bank, two future retail/restaurant outparceis and related improvements MEE'I~NG MZNUTES AGENDA PREVIEW CONFERENCE BOYNTON BEACH~ FLOR/DA NOVEMBER 16, 2000 MayorrBroeniRg confirmed with Oty Manager Bfessner that' these tw°items snoUld be reversed on the agenda, VIII-C, Review policy for cemetew late ,arrival fee and space requirements pending review by CemeteW Board and funeral business (:january 16, 2000) City of the to the,( VIII-D; This item will be removed from the Futu~Age~d~,If~ms.. VIII-H. Review of Cemetew ,Operations This item is redundant and will be removed from, the agenda. VIII-H. Ordinance on Non-Conform ng Signs (December 19, 2000) of the regarding the issue of Mayor Broening felt a Resolution rnight~be requii-ed rather than an Ordinance. Attorney Sign Code:- However, required tO a before the Commission on the Sign Code and not the issue of non- another Ordinance would be When Commissioner Fisher affect the billboard issue, forw affect the billboard issue. decision on this issue would Ordinance would be brought non-conforming signs could indirectly XI-B.1. Proposed Ordinance No~. 000~64 Re: Deleting A~cle X of Chapter 1 and .< 3~B~ of Chapter 23 of the Land Deve opment Regulations ant :t Of Chapter. 21 of the Code of SeCtions 4.1 and 4.3 of the Land and further specify the variances ME~- ! ~NG MZNUTES AGENDA PREVIEW CONFERENCE BOYNTON BEACH, FLORIDA NOVEMBER 16, 2000 Quintus Greene, Director of Development, reported that this Ordinance ms a "housekeeping" Ordinance. X[-B.3. Proposed Ordinance No. 000~66 Re: Creating an Early Retirement Incentive Program; providing requirements for participation in the Early Retirement ~ncentive Program; providing cdtoria for qUalification for early, retirement; approving and issuing a statement of actuarial mpact; approving the .form of agreemeht f~)r participation in the Early Ret rement Tncent~ve Program, directing Qty Administration to furnish a copy to the Division of Insurance An early confirmed that F would to five months ensure that personnel am properly There will be cost savings , Mr. Bressner that ~ four basis to The numbers on the presumption that 60% of the people X~-B.4. Proposed Ordinance No. 000-67 Re: Amending Land Development Regulations as follows: Chapter 1, Article ]1 Definitions; Chapter 9. Community Design Plan; and Chapter 21 Signs, Article ]I, to create a definition for wall murals and establish' a process and guidelines to review future wall murals This Ordinance may change as a result of :the information that will be provided from Lake Placid. Those changes could be madeafcer first reading of the Ordinance. X~-B.6. Proposed Ordinance No. OqO-6~ Re: Amending Land DeveloPment ;Regulations as ifollows: Chapter 2, Section 6.C. 1.; Chapter 2, Section 6,D, 1. to ~nclude nightdub; and Chapter 2, Section 6.E.i.B When questions arose about why this item was on the agenda when it had already been approved, Deputy City Clerk Prainito advised that Assistant City Attorney [gwe determined that State Statute requires two public hearings for this item. Therefore, it would have to go back or the agenda for two public hearings. When Mayor Broening questioned whether this Ordinance should, be moved to Ordinances on Second Reading, Mr. Bressner instructed the clerk to move the item to second reading. (NO~"~: A~r ~be n~z'n~ A.~torney Chm'of advi.~d ~hat ~he Ord/nanc~ should b~ MEETING MINUTES AGENDA PREVIEW CONFERENCE BOYNTON BEACH~ FLOR.ZDA NOVEMBERI6~ 2000 plac~d under ~r~ r~ading v//~h a no~n that a publ/c heat/ng would be conducted.) . Mr. XI-D.1. Discuss process for appointment of Commissioner for Dstrct III to repace ~yor Pro Tern ~i am She~rman : That will sthat when OTHER been given to changinc. :onsideratien has city. Mr. Greene exp ained that a variar exceptions, 1ce. If there are a lot of improvements on litation of older small He Pointed out that all luire a variance, Commissioner Black asked if ( for the property Code to make it more attra~ve properties. Mr. Rumpf, reqL the Manning & Development Board There being no further business to come before the CommissiOn, the meeting propedy adjourned at 5:50 ~.m. 6 MEET/NG MZNUTES AGENDA PREVZEW CONFERENCE BOYNTON BEACH, FLORZDA NOVEMBER 16,. 2000 CI'TY OF BOYNTON BEACH Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner City Clerk 7 Requested City Commission Meetinff Dates [] November21. 2000 [] December 5, 2000 [] December 19, 2000 [] January 2, 2001 V-CONSENT AG ENDA Item CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORN, Date Final Form Must be Turned in to City Clerk's Office November 9. 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested City Comrcdssion Meeting Dates [] January 16, 2001 [] February 6, 2001 [] ~eh~y 20, 200l [] March 6, 2001 Date Final Form Must be Turned in to City Clerk's Office Jmluary 3, 2001 (5:00 p~ra.) January 17, 200l (5:00 p.m.) February 7, 2001 ~5:00 p.m.) Februmy 21,290I (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] Nev¢ Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to award the "CO-OP ROAD CONSTRUCTION MATERIALS", Bid #017-1411-01/KR, to three (3) vendors as outlined below for an estimated annual expenditure of $ 76.011.00. CONTRACT PERIOD: DECEMBER 6, 2000 to DECEMBER 5, 2001 EXPLANATION: On October 31, 2000, the lead entity, City of Delray Beach, received and tabulated eight (8) proposals. Allied Trucking of Palm Beach, Community Asphalt Corp., and Conrad Yel~ngton Dist. Inc. are considered to be the "lowest, most responsible, responsive bidders who meet all specifications". John Guidry, Director of Utilities and Jeffrey Livergood, Director of Public Works concur with this recommendation (see attached Utilities Memo #00-263 and Public Works Memo 900-187). VENDOR/ COMMODITY COMMUNITY ASPlqALT CORPORATION TYPE III ASPHALT (Pick-Up Material) ALLIED TRUCKING OF PALM BEACI~ CRUSHED COARSE LIMEROCK (Delivered Material) ALLIED TRUCKING OF PALM BEACH PIT RUN SHELL ROCK (Delivered Material) CONRAD YELVINGTON DIST. INC. DRAINFIELD ROCK 3/2' (Delivered Material) USAGE ESTIMATES FOR UTILITIES & PUBLIC WORK~q 1100frONS ~ $ 29.50/PER TON = $ 32,450.00 200/TONS ~ $ 7.93/PER TON = $ 1,586.00 2500/YAP,.DS @ $ 7.51/PER YARD $18,775.00 2000/TONS ~ 11.60/PER TON = $ 23.200.00 ESTIMATED EXPENDITURE TOTAL ESTIMATED EXPENDITURE $76,011.00 PROGRAM IMPACT: This Cooperative Bid is utilized by Public Works/Roads & Streets and Utilities to purchase road construction materials for various repair and replacement applications. There are eight (8) participating entities submitting individual requirements which are combined for total anticipated usage. These totals are used to calculate a firm quantity price; however, each entity awards individually, due to locations, points of delivery, and quality. S:XBULLETrN~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Road Construction Materials are used by various divisions in Utilities and by Roads and Streets Division in Public Works. Funds are available in several accounts for use by these divisions onan "as needed basis". UTILITIlgS BUDGET ACCOUNTS: 401-2810-536.52-31 Operating SuPPlies/Water Main.~,upplies 41J1~2815-536.52-32 - Operating Supplies/Sewer Main Supplies 401-2824~536-52,-33 Operating Supplies/Storm Drain Supplies 4~1~2824-536.63-13 ~pvts~O~r ~an BldgsJStorm Drains CII~ R&R'W~at~WTR054 Road:M~L~ri~S'~ Supplies/Street Repair & Malnt. ' 001-2512-F,41.53~10 Street ~al~ ~/M~. '~ tenance Supplies ALTERNATIVES: Deputy Director of Financial Services Depamnem Name Ctty Manager s Signature City Attorney / Finance / Human Resources /ktr Attaclmaents cc: Jeffrey Livergood, Public Works Director John Guidry, Utilities Director Barb Conboy, Administ~rative Coordinator File S:~ULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC RECEIVED MEMORANDUM UTILITIES # 00-263 N0¥ 16 zuuu TO: FROM: Bill Atkins Procgreme~ Services John A. Ouid~y u ~ Dkector of Ufi~ies DATE: November 14, 2000 SUBJECT: Co-op Bid Road Construction Materials - Agenda Item The Utilities Department recommends awarding portions of the annual co-op Road Construction Materials Bid as follows: Vendor Bid Item Unit Cost · Allied Tracking of Palm Beach Delivered Shellrock $7.51 per ton · Allied Trucking of Palm Beach Delivered Limerock $7.93 pe~r ton · Community Asphalt Corp. Pick up type II1 Asphalt $29.50 per ton · Conrad Yelvington Dist. Inc. Delivered ~" Rock $11.60 per ton Est. Usage Est. Cost 240~/¥ARDS $ 18,024 ~/~-' 200 tons 1.586 1000 tons 29,500 2000 tons 23.200 Funds are available for these materials in various accotmts in various divisions such as 401-2815-536.52-32, 405-5000-590.96-02 WTR054, 401-2824-536-63-13, 401-2810- 536-52-31 and 401-2824-536-52-33. The Utilities Department requests that this recommendation for award be placed on the next commission Agenda~ Cc: Mark Law Barb Conboy Tony Lombardi Freddie Ireland Jim Hart TO: VIA: FROM: DATE: SUBJECT: PUBLIC WORKS DEPARTMENT MEMORANDUM #00-187 Bill AtkLns, Deputy Finance Director Purchasing Jeffrey Livergood, Public Works Director,,g L(~tc.2.,~ George Mantell, Streets Maintenance Supermsor November 7, 2000 Co-op Bid on Road Construction Materials Delray Beach (Lead Entity) - Delray's Bid #2000-30 Bid Award RECEIVED NOV 1 4 PUI~CbIASING DEPT. t have reviewed the bid tabulations and would recommend that the bid be awarded as follows. Type III Asphalt (Pick-up Material) Low bidder, Community Asphalt Corporation Based on 100 tons @ $29.50 per ton Budget Account #001-2512-541-53 - i 0 Pit Run Shell Rock (Delivered) Low bidder, Allied Tracking of Palm Beach, L.C. Based on 100 yards ~ $7.51 per ton Budget Account #001-2512-541-53-10 Please contact me if you need any additional information. PL/GM/pl CiTY OF DEl. RAY BEACH ROAD COHTRUCT;ON MATERIALS DELIVERED MA'IERIAL CO-OP ANNUAL CONTRACT $38.50 ~ No Old ~id ' No Bid Sl 0,~ ~ ~ OF FINANCIAL SERVICES PASG~; GEORGE MANTELL/ROADS & STREETS SUPERVJ DELIVERED M~.TEt~IA~.. CITY O F ErDYIre J ul'~ ~scA~- n PUBLIC WORKS , *LOWEST, MOST RESPONSIVE, RESPONSIBLE BIDDER WHO MEETS ALL SPECIFICATIONS 3 ~M~ ~" ~r~ 51~ ~oe 513.45 ~ No O~ :; $16.~/tan F~ ~d No U~ No'B~ $12,20 ~ ~ C~r auto.s e~ ~ Bid ~ O~d ~ ~d No ~ No 8Id J No O~ ~ELI~Y L~TiO~: m) J~ ~, W~ et Fbdda ~plke, mWar 45~. - 'o) For~t~: ~-~ con~ To~ ~a, Purchasi~ Su~i~r. 50~0.4~ ~xt. . , CITY OF DELRA, ~EACH DELIVERED MATERrAL ROAD CORTRUCTION MATERIALS ClT~ OF DEI.RAY BEACH CO-OP ANNUAl- CONTRACT PAGE~4 CiTY OF 80C4~ RA?OH 1 ' -~ -- No Bid ~ , s~.so ~n ' ' No 4 ~ed {~c~ per ~n 1 Cm~hod Comse ~0 ~s ~9.34 ' 3 7 Cr~ad ~m~ pm a)~/~nC~l~tsperda~lioaOft~Ci~y°fa~a~ .:: .~ , - . /. ~ - :... - -~/-,- -. ~-~.':7~:~-~:-/ ;' :_ ' 2 ~e Ii Aspt~l~ 'p"~ mn No I~icl NoSid S~8.~/~fl ~B~' $~.~ ~m~ ~oD~ NoB~ ~Bid 4 Cm~l~ (~d~) ~lon NoBid ~d NO~ S~e.~ A~n ' S~5,~O ~n ~ Noa~ ,oe~ s C~d P~h As~ t37.43 runs No 8~ ~ ~d No SM ~o Bi~ $~ 75 I{~ ~ Bid ~o ~ No O d 3 ~R~' l~cu~ $16,~lcuyd ' ~3.291~yd NO~ NoBid ~ ~12.501/~* ~Bid NOBId 4' ~t M~a~ *Sand ~ cu ~. $21.~ ~ y~ $30,~ tGU yd ~ B~ NO B~ ~ D~--: '~ NO ~ NO ~ NO ~' 5 C~le FillDl~ ' ~ ~ ~7.50/~ yd ' ~24.t7/cu yd ' ' ~ ~d" SO.bO t~ yd NO Bid'"' ~.7~ ~ 7 C~dRe~ ~r~ St3.~/cuyd S15.15fm~y~ ~ $12.~lcuye ' NOS~ NOD~ N~Bi~ -- ~o8i~ ~ , , / 'p~e ~r to~ DELI~RY ~CATiON~ BID SIGNATURE FORM * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) BID #2000-30 Closing Date: TUESDAY, OCTOBER31, 2000 pE?oAY, BEA~CH 1993 TITLE: FURNISHING AND DELIVERY OF ROAD CONSTRUCTION MATERIALS - CO-OP BID Company Name *Signature Name/Title Address State Zip code Telephone ( ~-~/ Facsimile VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: TELEPHONE: ( ~¢-/ ') pp~ ~'~ 7 WILLEXTEND SAME PRICING, TERMS, AND CONDITIONS TO p.THE. R PALM BEACH COUNTY GOVERNMENTAL ENTITIES: (YES) /)~ (NO) ' 22 SCHEDULE OF PRICING BID #2000-52 PICK-UP MATERIAL ESTIMATED QUANTITIES BASED ON A GRAND TOTAL OF ALL PARTICIPATING ENTITIES, (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS Item Estimated Qty 1. TYlSe S-1 Asphalt 300 torts 2. Type II Asphalt 2900' tons 3. Type III Asphalt 3588 tons 4. Cold Patch Asphalt 150 tons 5. RC#70 Tac Oil 1800 gals PICK-UP PRICE $ 2~$% /ton $ '~ 7 s*a /ton $ ~----~ 7d" /ton $ /'"~ /gal 6. Permanent Cold Patch (Ready Road Repair or equivalent) 65 tons 144 pails Permanent Cold Patch 55 lb. pails State precise pick-up location: $ /0 e ~',4 /ton $ L%. ~ ! /pail Schedule of Pricing continued next page... Schedule of Pricing Continued... GROUP B: ROAD MATERIAL - NON ASPHALT Item Estimated Qty 1 Crashed Course Limerock 1000 runs 2. Pit Run Shell Rock 630 tons 3 Drainfield Rock 3/4" 400 tons 4. Best Mason Sand 33 tons PICK-UP PRICE $ )0 ~. ~>:e..~ ,ton $ )0~ ~[c3 /tons 5. Clean Fill Dirt yards 6. Precast Car Bumpers w/pins 200 each 7. Crushed Recycled Concrete 1462 cu. yd. State precise pick-up location: Schedule of Pricing Continued next page... 15 Schedule of Pricing Continued... DELIVERED MATERIAL - SOLID WASTE AUTHORITY (FOR YOUK BID TO BE RESPONSIVE, utXrlT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS ~ ASPHALTS - DELIVERED Item Estimated Qty DELIVERED PRICE 1. Type S-1 Asphalt runs $ ..~.f">q' /ton 2. Type II Asphalt runs $ ~;~% tton 3. Type III Asphalt tons $ 2~_<~-~-~ /ton 4. Crushed (recycled) Asphalt 500 runs $ /~'~ ~ /ton GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Qty DELIVERED PRICE 1. Crushed Course Limerock tons $ /() e~V! /ton 2. Pit Run Shell Rock tons $ ~ '~.,,_~, /ton 3. Drainfietd Rock ~" tons $ ~"~t-~ /ton 4. Best Mason Sand tons $ ]0~; <~-~,-1 /ton 5. Clean Fill Dirt 5000 yards $ ~ ~c~. /yard 6. Precast Car Bumpers w/pins each $ )~'"~c~ tea. 7. Crashed Recycled Concrete ~00 cu. yd. $ J0h ~'~Jr' /cu. yd. 16 Schedule of Pricing Continued... DELIVERED MATERIAL - CITYOF DELRA¥ BEACH (FOR YOUR BIDTO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item- Estimated, Qty DELIVERED PRICE L Type S-1 Asphalt 250 runs $ ~c'~'~ /ton 2. Type II Asphalt runs $ ,,~"'~ /ton 3. Type tli Asphalt 250 tons $ ~S"'"~"~ /ton 4. Crashed (recycled) Asphalt __ tons $ /'P'"~'~ /ton GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Qty DELIVERED PRICE I. Crushed Course Limerock 1350 tons $ ~,,~, /ton 2. Pit Run Shell Rock 600 tons $ ~x~-,k! /ton 3. DrainfieldRock ~" 400 tons $ ~.~ /ton 4. Best Mason Sand 25 tons $ ,~ ~,I~ /ton 5 Clean Fill Dirt 200 yards $ 1.~3. /yard 6. Pre, cast Car Bumpers w/pins __ each $ ~ /ea. 7. Crashed Recycled Concrete 1500 cu. yd, $ I~h~ ~ /cu. yd. 17 Schedule of Pricing Continued... DELIVERED MATERIAL - CITY OF BOYNTON BEACH (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item Estimated Qty DELIVERED PRICE 1. Type S-1 Asphalt tons $ ..,X~~% /ton 2. Type II Asphalt tons S ~'~ /ton 3. Type III Asphalt tons $ ~ ~" > ''~ /ton 4. Crashed (recycled) Asphalt tons $ /--? /ton GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Qty 1. Crashed Course Limerock 200 tons 2. Pit Run Shell Rock 2,500 yards 3. Drainfield Rock ~" 2,000 tons 4. Best Mason Sand tons 5. Clean Fill Dirt yards 6. Precast Car Bumpers w/pins each 7. Crashed Recycled Concrete ! cu. yd. ! DELIVERED PRICE itOh yards /ton /mn lea. tcu. yd. Schedule of Pricing Continued... 18 DELIVERED MATERIAL - CITY OF BOCA RATON ,'FOR YOUR BID TO ~BE RESPONSIVE. UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Iterr. Estimated Qty DELIVERED PRICE 1. Type S-1 Asphalt tons $ /ton 2. Type II Asphalt tons $ 33~'-Q~ /ton 3. Type III Asphalt tons $ ~.~ ,'ton 4. Crushed (recycled) Asphalt tons 5; /.~"~ /ton GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Qty DELIVERED PRICE 1. Crushed Course Limerock 500 tons 5; ~'"~, /ton 2. Pit Run Shell Rock 200 tons $ ~ ~13 itOh 3. Drainfield Rock ~A' 50 tons $ ~/~;c~ /ton 4. Best Mason Sand 5 tons $ ~.,~:~ /ton 5. Clean Fill Dirt i00 yards $ ~¢~ /yard 6. Precast Car Bumpers w/pins each. $ ./~'3-,;,~ /ea. 7. Crushed Recycled Concrete cu. yd. $ ~)~ /cu. yd. 19 Schedule of Pricing Continued... DELIVERED MATERIAL - CITY OF BELLE GLADE (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item EstLmated Qty DELIVERED PRICE 1. Type S-1 Asphalt tons $ ~i ~"~ /ton 2. Type II Asphalt tons $ _.,2~; a~ /ton 3. Type III Asphalt tons $ ,~-C o-~ /ton 4. Crushed (recycled) Asphalt tons $ /2'~'s'~ /ton 5. Cold Patch Asphalt 137.43 tons $ ~'{D ~" /ton GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Qty DELIVERED PRICE 1 Crashed Course Limerock 100 cu yds, $ ~[)i5'~(4 /cu yds. 2. Pit Run Shell Rock tons $ P~'~'~ /ton 3. DrainfieldRock3A 100 cuyds. $2~,~;J /cuyds. 4. Best Mason Sand 20 cu yds. $ ~,.."~c~, / cu yds 5. Clean Fill Dirt 360 cu yds. $ gJZ-~J / cu yds 6. Precast Car Bumpers w/pins __ each $ )L[o'~ic I /ea. 7. Crushed Recycled Concrete cu. yd. i$ J /cu.yd 8. D.O.T. Rock cu. yards $ ~C,~'~c.I /cu.yd. 9. Compactable Fill Sand cu yards $ J0lb~ fl 3 /cu.yd, 2O DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given to the vendors w,h.o submits a certfication with their bid/proposal certifying :th'ey halve--J drUg-free workplace ih accordhnce with Section 287:087, Florida Statutes. The drug-free workp!ace preference is applied as follows: . IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. -Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement,of commodities or contractual services, a bid received from a business that c~fies that it has mplemer~ted, a dr~grfree ~vo. rkplace p~gr-am shall be g ~/en preference m the award' {p.rQces~A. :: ~¢~!lshed proced, ures fOr:preoess~g t~e bids will beffollowed~,~¢; no~e of the, tied vendors have a.drug~free WOrkplace program. As the persen~author-~;~ed-~'o.sign this statement~ I certify that this firm complies fully with the following requirements: 1) 'This firm publishes a Statement notifying employees that the unlawful manufacture, distribution, dispensing, posse, ss~on, or use of a controlled substance is prohibited in the workplace and specifying the actions that wlJ be taken against employees for violations of such prohibition. . 2) 3) This firm ,informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a~'~trug:free workplace, any available drug couqseling, rehabilitation, and employee assistance programs, and the pbnalties that may be imposed upon employees for drug abuse violations. This firm gives each employee engaged in providing the commodities or contractual services that are under' 6i~1 a copyof the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of workihg on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapte? 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction 8) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convibted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. ~J~'l'>- ContractOr's Name Signature 13 COMPANYNAME: ADDRESS: STATE: REFERENCES - BID #2000-52 ZIP: CONTACT PERSON: PHONENUMBER: COMPANY NAME: ADDRESS: STATE: CONTACT PERSON: PHONE NUMBER: ZIP: COMPANY NAME: ADDRESS: STATE: CONTACT PERSON: PHONE NUMBER: ZIP: COMPANY NAME: ADDRESS: STATE: CONTACT PERSON: PHONE NUMBER: ZIP: 24. BID SIGNATURE FORM DELRAY BEACH * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF, YOUR PROPOSAL) BID #2000-30 Closing Date: TUESDAY, OCTOBER 31, 2000 1993 TITLE: FURNISHING .42qD DELIVERY OF ROAD-CONSTRUCTION MATERIALS - CO-OP BID ALLIED TRUCKING OF PALM BEACH. L.C. *Signatare 10/24/00 Dam LUIS BARRANCO, GENERAL MANAGER Name/Title 6400 MELALEUCA LANE, #2 Address LAKE WORTH, FLORIDA 33463 State Zip code ( ~1 ) Telephone ( 561 ) 642-2522 Facsimile VENDOR SERVICE REPRESENTATIVEFORPLACEMENT OF ORDER: ! CONTACT NAME: DISPATCH TELEPHONE: ( 561 ) 642-7750 WILL EXTEND SAME PRICING, TERMS, AND CONDITIONS TO OTHER PALM BEACH COUNTY GOVERNMENTAL ENTITIES: (YES) wwww (NO) 22 SCHEDULE OF PRICING BID//2000-52 PICK-UP MATERIAL ESTIMATED QUANTITIES BASED ON A GRAND TOTAL OF ALL PARTICIPATING ENTITIES, (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS Item Estimated Qty PICK-UP PRICE 1 Type S-1 Asphalt 300 tons $ NO BID /ton 2. Type II Asphalt 2900 tons $ NO BID /ton 3~ Type III Asphalt 3588 mm $ NO BID /ton 4. Cold Patch Asphalt 150 tons $ NO BID /ton 5. RC#70 Tae Oil 1800 gals $ NO BID /gal 6. Perraanent Cold Patch Ix!O BID (Ready Road Repair or equivalent) 65 tons $ /ton Permanent Cold Patch t44 pails $ ~c~ gib tpail 55 lb. pails State precise pick-up location: Schedule of Pricing continued next page... 14 Schedule ~f Pricing Condnuea... PICK-UP MATERIAL GROUP B: ROAD MATERIAL - NON ASPHALT I C re.shed Course L:meroca !000 ;oas _. Pit Ran SkelI Rock 630 tons 3. Drainrle!d Rock 3/4" 400 tons Best Mason Sand '~ 5. Clean Fill Dirt yards 6 Precast Car Bumpers wtalns 200 each Cz'asked Recvcted Concrete i'z62 cu. vd. State precue pick-up iocat on 1.1 2.) PICK-UP PRl ZE 6.50 ton 5 7q tons 7.6 5 ton 7.80 /mn 3.2 5 yard NO BID each :q _ fl~3 cu. RYAN LOX ROAD PIT (Palm Beac~ County) LOXAHATCHEE ENTERPRISES 5.) WHITE ROCK QUARRY 4.) RYAN LOX ROAD PIT 5.1 RYAN LOX ROAD PIT 6_1 NO BID 711 D.S. EAKINS {L~k~ Worth) Schedule of P~cing Continued next page... Schedule of Pricing Continued... '~ DELIVERED MATERIAL - SOLID WASTE AUTHORITY (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item Estimated Qty DELIVERED PRICE 1. Type S-1 Asphalt tons $ Nc~ ~Tr~ itOh 2. Type II Asphalt tons $ NO BID /ton 3. Type III Asphalt tons $ NO BID /ton 4. Crushed (recycled) Asphalt 500 tons $ NO BID /ton GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Qty 1. Crashed Course Limerock tons DELIVERED PRICE $ 9.8 5 /ton 2. Pit Run Shell Rock tons $ 8.5 0 /ton 3, Drainfield Rock ~i" tons $1 3.6 0 /ton 4. Best Mason Sand tons 5. Clean Fill Dirt 5000 yards $1 4.5 0 /ton $ 5.9 5 /yard 6. Precnst Car Bumpers w/pins each 7. Crashed Recycled Concrete 500 cu. yd. SNO BID /ea. } 1 0.5 0 i /cu. yd. 16 Schedule of Pricing Continued, DELIVERED MATERIAL - CITY OF DELRAY BEACH (FOR YOUR BID TO BE- RESPONSIVE, UNIT PRICING ANDCUNIT OF MEASURE SHOU,LD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPItALTS - DELIVERED Item Estimated Qty DELIVERED PRICE 1. Type S-1 Asphalt 250 tons $ NO BID /ton 2. Type II Asphalt tons $ NO BID /ton 3. Type III Asphalt 250 tons $ NO BID /ton 4. Crushed (recycled) Asphalt tons $ NO BID /ton GROUP B: ROAD MATERIAL - NON ASPI-IALT - DELIVERED Item Estimated Qty 1. Crushed Course Limerock 1350 tons 2. Pit Run Shell Rock 600 tons 3. Drainfield Rock -~" 400 tons 4. Best Mason Sand 25 tons 5 Clean Fill Dirt 200 yards 6. Precast ~2ar Bumpers w/pins __ each 7. Crushed Recycled Concrete 1500 an. yd. DELIVERED PRICE 9.3 4 .tton 8.5 0 tton 11.75 /ton 21 .00 /ton 6.15 /yard NO BID /ea. 10.40 leu. yd. t7 Schedule of Pricing Continued... DELIVERED MATERIAL - CITY OF BOYNTON BEACH (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item Estimated Qty DELIVERED PRICE 1. Type S-1 Asphalt rom $ NO RID ~ton 2. Type II Asphalt tons $ NO BID Itoh 3. Type III Asphalt tons $ NO BID Itoh 4. Crashed [recycled) Asphalt tons 5; NO BID /ton GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Qty 1. Crashed Course Limerock 200 tons 2. Pit Run Shell Rock 2,500 yards 3. Drainfield Rock -~" 2,000 tons DELIVERED PRICE $ 7.9 3 /ton $ 7.51 yards $ 1 2.2 5 /ton 4. Best Mason Sand tons $ 21 . 0 0 /ton 5. Clean Fill Dirt yards $ 5.9 5 /yard 6. Precast Car Bumpers w/p~ns each 7. Crashed Recycled Concrete cu. yd. $~/ea. $ 10-15 /cu. yd. : ! Schedule of Pricing Continued... 18 DELIVERED MATERIAL - CITY OF BOCA RATON~ TFOR YOUR BID TO BERESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT HE sAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item Estimated Qty DELIVERED PRICE 1. Type S-1 Asphalt tons $ NO BID fton 2. Type II Asphalt tons $ NO ~TD /ton 3. Type III Asphalt tons $ un ]a'rr~ /ton 4. Crushed (recycled) Asphalt tons $ NO BID /ton GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Qty 1. Crushed Course Limerock 500 tons 2. Pit Run Shell Rock 200 tons 3. Drainfield Rock sA" 50 tons DELIVERED PRICE $ q 34 /ton $ 7 1 O /ton ~1 .75 $ /ton 4. Best Mason Sand 5 tons $ 21,0 0 ,'ton 5. Clean Fill Dirt 100 yards $ 5.95 /yard 6. Precast Car Bumpers w/pins each. $ no bid /ea, 7. Crushed Recycled Concrete cu. yd. $ I ~ q 0 /cu. yd. 19 Schedule of Pricing Continued... DELIVERED MATERIAL - CITY OF BELLE GLADE (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item Estimated Qty DELIVERED PRICE 1. Type S-1 Asptmlt ~ons $ NO BTD /zon 2. Type II Asphalt runs $ ~c) ~'rr~ /ton 3. Type III Asphalt tons $ NO I~TD /ton 4. Crushed (recycled) Asphalt tons $ NO BID /ton 5. Cold Patch Asphalt 137.43 tons $ NO ~i)__~/ton GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Qty DELIVERED PRICE 1. Crushed Course Limerock 100 cuyds. $ 10.50 /cuyds. 2. Pit Run Shell Rock runs $ I ~, _ 0 C~ /ton 3. Drainfield Rock g 100 cu yds. $ 1 6 o 0 0 /cu yds. 4. Best Mason Sand 20 cu yds, $. 21 . 0 0 / cu yds 5. Clean Fitl Dirt 360 cuyds. $ 7-50 lcuyds 6. Precast Car Bumpers w/pins __ each $ lxlo ~Tr) /ea. 7. Crushed Recycled Concrete cu. yd. $1 3.0 0 /cu.yd 8. D.O.T. Rock cu. yards $1 0.50 /cu.yd. 9. Compactable Fill Sa.nd cu yards $ 7.5 0 /cu.yd. 20 Delivery Locations: 1. Solid Waste Authority a) Jog Road, West of Florida Turnpike, and/or b) Lantana Road, West of Florida Turnpike c) For questions, please contact Terry Rhea, Purchasing Supervisor, 561-640-4000 ext. 4522. 2. City of Delray Beach a) 'Ni~ City.limits per direction of the City of Delray Beach Construction Division (Howard Wighi, C0nstmction Manager (561) 243-7297), or Public Works Division. Street Superintendent) (561) 243-7334). City of Boynton Beach a) 124 E. Woolbright Road. Boynton Beach Contact person: Jim Hart (561) 742-6422 b) 1417 N.W. 4~ Street, Boynton Beach, Contact person: George Mqntell (561) 742-6200 4. City of Boca Raton a) Within City limits per direction of the City of Boca Raton Mike Roberts, Streets Divison (561) 416-3360 Blaine Honeycutt, Utilities (561) 338-7321 5. City of Belle Glade a) Public Service. 2050 W. Canal Street South Belle Glade, Florida 33430 Or; contact Chuck Stamm (561) 996-0100 City of West Palm Beach - Pick Up Only City of Deerfield Beach - Pick Up Only City of Riviera Beach - Pick Up Only ! 21 DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference wilt be given to the vendors who submits a certification with their bidt-proposal certifying they have a drag-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TiE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price., quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services; a bid received [rom a business that certifies that ithas implemented a drug-free workplace program shall- be given preference in the~ award ,process. Established procedures for processing tie bids will be followed if none of the tied vendor's have a drug-free workplace program. As the person authorized to sign this statement. I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that wil; be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy .of maintaining a drag-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. - 3) This firm gives each emp oyee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm im ~oses a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 8) This firm will continue to make a good faith effort to maintain a drug-free workplace through ~mplementation of this section. Luis Barranco~ Contractor's Name Allied Trucking of Palm Beach, L. C. Signature [3 10<J0 00 HO~ 12:$2 P.4~ C001 CERTIFICATE OF LI~mITY INSURANCe, s_ 4 .0/24/00 Gr~wi~ ~sk ~nag~ent O~LY A Division of S!aton In sur~ce Hg~S C~IF~CA~E ~ NOT ~, E~ ~OR- 1499 W, INSL~ AFf'ORDING CO--GE Phone: 561-392-9922 F~x:561-368-3322 [ _ M~ley ~ 33178-1225 -- CO~k~G~ B~ ~,~o ceoosso~ os/ca/co os/o~/o~ ~,~o. ,? ~ )ooooo non-pa~ent of pr~q~. C~rtifi~te holder is ~g~ional ~sur~ as ACORD2~S ~/~) -- CZTYOFD ATION 1088 REFERENCES - BID #2000-52 COMPANY NAME: ADDRESS: SEE ATTACHED SHEET STATE: CONTACT PERSON: PHONE NUMBER: ZIP: COMPANY NAME: ADDRESS: STATE: CONTACT PERSON: PHONE NUMBER: ZIP: COMPANY NAME: ADDRESS: STATE: CONTACT PERSON: PHONE NUMBER: ZIP: COMPANYNAME: ADDRESS: STATE: CONTACT PERSON: PHONE NUMBER: ZIP: 24 Credit Reference Allied Trucking of Florida. luc. Allied Trucking of Palm Beach L.C. Allied WaSte Hau!itrg L.C. Alii6d Roll Ofl~ Rinker Material Corp. Post Office Box 24635 West Palm Beach, Florida 33416 Phone: 1-800-226-5521 Contact: Robert He~xlrich Rock and Fill. Inc. 17710 NW Soufl~ River Drive Miamt. Florida Phone: (305) 556-9919 White Rock Quarries Post Office Box 15065 West Palm Beach, Florida 33416 Phone: (561) 793-2102 or (305/822-5322 Contact: James Hurley Kelly Tractor Post Office Box 3004 Miami, Florida 33121-0057 Plmne: [305)-592-5360 Miami Crushed Rock Pan America~ Construction Post Office Box 650309 Miami. Florida 33265-0309 Contact: Larry Capps Plmne: (305) 593-2071 Dade Recycling Service 15490 N'v~ 97~.venue Miami, Florida 33016 Phone: (305) 826-0707 Florida Rock & Sand Post Office Box 3004 Florida City, Florida 33034 Phone: (305) 247-3011 Tarmac Pensuco Post Office Box 651318 Charlotte, N.C. 28365-1318 Phone: (305) 826-0707 Contact: Jorge Martinez-Alex Gomez Office Depot Post Office Box 8001 Layton. UT 84041-8001 Phone: (800) 729-7744 Fax: (801) 779-7425 Office Express Supply, Inc. 10701 NW 89* Avenue Hialeah Gardens, Florida 33016 Phone: (305) 557-1667 Ocean Bank 780 NW 42~ Avenue Miami. Florida 33126 Phone: (305) 569-5471 Contact: Albert Arisso Bank Information Commerce Bank 2199 Ponce de Leon Coral Gables, Florida 33134 Post Office Box 149042 Miami, Florida 33114 Phone: (305) 460-8712 Contac: Humerto Gonzalez BID SIGNATURE FORM * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) BID #2000-30 Closing'Date: TUESDAY, OCTOBER 31, 2000 DELRAY BEACH o O A I~ e 'caCit¥ 1993 TITLE: FURNISHING AND DELIVERY OF ROAD CONSTRUCTION MATERIALS - CO-OP BID Company Name CONRADYELVINGTON DIST., INC. R O. Box 1686 Daytona Beach, EL 32115 Date *Signature V. R of Sales & Quality CorSmi Name/Title Address State Zip code qv% Telephone Facsimile VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT Klm Th~ NAME: V. R of Sales & Quality ~ontrol TELEPHONE: (~)¢) ~.~-~_?L~ _~'- ~__.~ ~ WILL EXTEND SAME PRICING, TERM~ AN~CONDITIONS TO OTHER PALM BEACH COUNTY GOVERNMENTAL ENTITIES: (YES) 1// (NO) 22 SCHEDULE OF PRICING BID//2000-52 PICK-UP MATERIAL ESTIMATED QUANTITIES BASED ONA GRAND TOTAL OF ALL PARTICIPATING ENTITIES. (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS Item Estimated Qty PICK-UP,PRICE: 1. Type S-1 Asphalt 300', tons ~~tton 2. Type'IIAsphalt 2900 tom $/~r/0 ~?../~) /ton 3. Type III Asphalt 3588 tons $/~/0 ~2.2~) tton 4. Cold Patch Asphalt 150 tons $ ton 5. RC//70 Tac Oil 1800 gals $]00 ~)-/,~ /gal Permanent Cold Patch (Ready Road Repair or equivalent) Permanent Cold Patch 55 lb. pails 65 tons t44 pails $.~~_.~/ton $.~/_~ ~) /pail State precise pick-up location: Schedule of Pricing continued next page... 14 Schedule of Pricing Continued... PICK~UP MATERIAL GROUP B: ROAD MATERIAL - NON ASPHALT Item Estimated Qty 1 Crushed Course Limerock 1000 tons 2. Pit Run Shell Rock 630 tons 3, Drainfield Rock 3/4" 400 tons 4. Best Mason Sand 33 tons 5, Clean Fill Dirt yards 6, Precast Car Bumpers w/pins 200 each 7, Crushed Recycled Concrete 1462 cu. yd. PICK-UP PRICE $~~_~/ton ~/tons c~,~-~ ~ton $~/yard $~/cu. yd. State precise pick-up location: Schedule of Pricing Continued next page... 15 Schedule of Pricing Continued... DELIVERED MATERIAL -,SOLID WASTE AUTHORITY (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS -DELIVERED Item Estimated. Qty 1. Type S-1 Asphalt tons 2. Type II Asphalt ions 3. Type III Asphalt tons 4. Crashed (recycled) Asphalt 500 tons GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Qty 1. Crashed Course Limerock tons 2. Pit Run Shell Rock tons 3 Drainfield Rock ~' tons 4. Best Mason Sand tons 5. Clean Fill Dirt 5000 yards 6. Precast Car Bumpers w/pins each 7. Crushed Recycled Concret~ 500 cu. yd. DELIVERED PRICE $~/ton $~/ton ,to. DELIVERED PRICE 16 Schedule of Pricing Continued... DELIVERED MATERIAL - CITY OF DELRAY BEACH (FOR YOUR BID TO BE RESPONSIVE. UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item Estimated Qty 1. Type S-I Asphalt 250 tons 2. Type H Asphalt tons 3. Type III Asphalt 250 runs 4. Crashed (recycled) Asphalt tons DELIVERED PRICE GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Qty 1. Crashed Course Limerock 1350 tons 2. Pit Run Shell Rock 600 runs 3, Drainfield Rock 3A" 400 runs 4. Best Mason Sand 25 tons 5 Clean Fill Dirt 200 yards 6. Precast Car Bumpers w/piTs each 7. Crashed Recycled Concrete 1500 cu. yd. DELIVERED PRICE $ O' 0{~ /ton $ 00 ,to. 17 Schedule of Pricing Continued... DELIVERED MATERIAL - CITY OF BOYNTON BEACH (FOR YOUP~ BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item Estimated Qty 1 Type S-1 Asphalt tons 2. Type H Asphalt tons 3. Type HI Asphalt tons 4. Crushed (recycled) Asphalt tons DELIVERED PRICE $~/ton $~/ton ,t.on GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Qty 1. Crushed Course Limerock 200 tons 2. Pit Run Shell Rock 2,500 yards 3. Drainfield Rock -~" 2,000 tons 4. Best Mason Sand tons 5. Clean Fill Dirt yards 6. Precast Car Bumpers w/pros each 7. Crashed Recycled Concrete _cu.?d. DELIVERED PRICE $ 9, ¢O /ton $ j[J(_~'~ J~yards s dj. 6t) ,ton $~ea. Schedule of Pricing Continued.. 18 DELIVERED MATERIAL - CITY OF BOCA RATON ~ (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item Estimated Qty DELIVERED PRICE i. Type S-1 Asphalt tons SW~) ~'~-J~) /ton 2. Type II Asphalt tons $,A//{-~ '"-~2~) /ton 3. Type III Asphalt tons $ ~ -- ~/D /ton 4. Crashed (r~ycled) AsphMt tons $ ~3 ~/~ /ton GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Qty DELIVERED PRICE i. Crushed Course Limerock 500 tons S q, bO /ton 2. Pit Run Shell Rock 200 tons $/4f~'~/~)/ton 3. Dr~nfield Rock ~. 50 tons $ /~, ~X~/ton 4. Best Mason Sand 5 tons $ ~O- ~ /ton 5. CIe~ Fill Dirt i~ yards $ ~t ~ 6. Precast Car B~ w/pim each. $ M ~ -- ~lea. 7. C~shed Recycled Concrete cm yd, $ ~ ~/~. yd. 19 Schedule of Pricing Continued... -DEL!:VERED MATERIAL - CITY OF BELLE GLADE . (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item Estimated Qty 1. Type S-1 Asphalt tons 2. Type IIAsphalt tons 3. Type III Asphalt tons 4. Crashed (recycled) Asphalt tons 5. Cold Patch Asphalt 137.43 tons GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Qty t. Crushed Course Limerock 100 cu yds. 2. Pit Run Shell Rock tons 3. Drainfield Rock g 100 cu yds. 4. Best Mason Sand 20 cu yds. 5. Clean Fill Dirt 360 cu yds. 6. Precast Car Bumpers w/pros __ each 7. Crushed Recycled Concrete cu. yd. 8. D.O.T. Rock cu. yards 9. Compactable Fill Sand cu yards DELIVERED PRICE /ton DELIVERED PRICE yds. $ /~/'/~ --~J~u yds. 20 DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given to the vendors who submits a certification with their bid/proDosal certifying they have a drug-free workp ace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BtDS: Preference shall be given to businesses with drug-free workplace programs. VVhenever twoor more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services a bid received .from a business tl~at ~ertifies that t has mpiemented :a C~rU'g~free workp ace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a d~ug-free WorkPlace ~rog~am. As the persor~ authorized to sign this statemenT, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, disper~slng, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for v o at OhS of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workp ace, any available drUg counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) CONRAD YELVINGTON DIST., INC. R O. Box 1686 Daytona Beach, FL 32115 Contractor's Name This firm will continue to make a good faith effort to maintain a drug;free workplace through implementat on of this section. ' / ///Lx-~ / S~hat'ure ~-~ t3 REFERENCES - BID #2000-52 :COMP~NYNAME: ADDRESS: STATE: ZIP: CONTACT PERSON: PHONE-NUMBER: COMPANY NAME: ADDRESS: STATE: /ZIP: (iL. ,~ss: _/~ /~¢,/ / PHONE NUMBEI / / / COMPANY NAME: ADDRESS: STATE: ZIP: CONTACT PERSON: PHONE NUMBER: 24 NAME: CONRAD YELVINGTON APPLICATION FOR CREDIT TO: Conrad Yelvington Distributors, Inc. STREET ADDRESS: 2326 Bellevue Avenue Daytona Bch., Fl., 32114 .MAILING ADDRESS: P.O.,Box 1686 Da~ona Bch., FL., 32115 PHONE NO.: (904) 57-5504 FAX NO.. (90~-, ) 2~8-2943 DATE BUSINESS ESTABLISItED: 1948 TYPE OF BUSINESS: Corporation INCORPO~TED UNDER LAWS OF FLORIDA, 196{) PURCHASE ORDERS ARE REQUIRED OWNERS AND OFFICERS FULL NAME: Conrad F. Yelvington, C.E.O. 2326 Bellevue Avenue, Daytona Bch., FI., 32114 Gary Yelvington, PRESIDENT _326 Bellevue Avenue, Daytona Bch., l:l., 32114 Margaret Yelvington, VICE PRESIDENT 2326 Bellevue Avenue Daytona Bch., FI., 32114 FEDERAL TAX ID #: 59-0908399 SALES TAX EXEMPT #: 80-06~005148-78 TRADE REFERENCES: 1. Linder Industrial Machinery, Inc., P.O. Box 3699, Plant City, FL 33564 (813) 754-2727 Fax (813) 754-61:)90 2. First Union Rail, P.O. Box 99323, Chicago, Ill., 60693 (847) 318-7575 Fax (847) 318-7588 3. Martin Marietta Aggregates P.O. Box 75328 Charlotte, N.C. 28275 (919) 781-4550 Fax (919) 783-4635 4. Standard Sand & Silica Co. P.O. Box 35, Davenport, FL 33837 (941) 422-1171 Fax (941) 422-8610 5. Florida East Coast Railway Co. P.O. Box 1948, Jacksonville, Fid 32201 (800) 342-1131 Fax (904) 826-2304 BANK: 120 S. Ridgewood Avenue, Daytona Beach, FL 32114 Telephone (904) 258-2657 Fax (904) 258-2531 TRE~,SURER-SUSAN ~t~LgiNGZO~ Sun Trust Bank Attn: Shelly Tarus Checking ~cct #6990530951025 Date: P. O. BOX 1686 ,&, 800 BIG TREE ROAD · DAYTONA BEACH, FLORIDA 32115 · (904) 767-5500 DAYTONA · ORLANDO · DEBARY · J~CKSONVILLE · TAMPA · MIAMI ·.SEGRAVE · CITY POINT RMERA BEACH (2 locations) · EATON PARK · FORT LAUDERDALE · LARGO · OCALA 1-800-GRAVEI.~ Sen~ Dy; PALMER & CAY 9046337580; 10/26/00 3:01PMj,,~=vC~aX #509;Page 2/2 ' C -u* =~-~ I ~NLY A~ CO~S NO RIG'S ~ON THE CER~¢ICA~ Palmer & Cay of Flor;~, tn . t HOLDER. THiS C~[FICA~ DO~ NOT AMID, ~END OR 76 SOUth Laura S~, Suite 1400 ~ AL~THE ~O~GE A~O~ BY THE POLICI~ B~OW. P: O. ~ox ~ 25~ ~: C~PANIES AFFORDING COV~GE Jacksonville, FL ~2[01-12B7 Conrad Yelvirt,~on Dis'cdbul:ors, [nc. P. O. Box 1686 Daytona fileach FL ,3211 5 co~P,~w D CPM 30214~ 0 5/05/01 302360 o 5/05,~O 5/05/01 CPU 3016BF 0 E/05100 $/05J01 Re: Bid# 2000-52 City of Delray Beach 100 NW 1st Ave. Certificate of nsurance ............. This ia to Oe~lly and Yelvi~n Transpo~ P. O, Box Da~ona B~ch FL 32115 Name and ER3Y {-- .ddress ot LIB certific, ate may be ~$ued · TYPE OF POLICY COMPENSATION [] ExT[nnEO WC?-151-277470..010 - 1/1/2~1 GENERAL LIABILITY I'--~OCCURRENCE ['--ICLAIM~MADE AUTOMOBILE LIABILITY [] OWNED [] HIRED LIMIT OF LIAalLITY ADDITIONAL COMM'~NT~ Re: Bid ~¢20r30-52 Injury and Property Damage Personal Injury ~her Each Accident - S~ngle IJmi! City of Delray Beach Thomas D Roberts AUTHO~IZEO REP RE~ENTATt~E Orlando FL (~00) g58-t251 10/27J00 C~R~]F~GATE 100 N. W. lstAvenue Delray Beach, FL 33444 o~,~ce ~HCNENUMBER DATEISBLJED Requested Cit3 Corcanission Meeting Dates [] November 2l. 2000 [] December 5, 2000 [] December 19, 2000 [] January 2, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 9. 2000 (5:00 p.m.j November 22, 2000 (5:00 p.m.) December 6. 2000 5:00 p.m.) December 20. 2000 (5:00 p.m.) Requested City Commission Meetin~ Dates [] January 16, 2001 [] February 6, 2001 [] Februa~. 20. 2001 [] March 6, 200I V-CONSENT AGENDA ITEM B-2. Date Final Forln Must be Turned in to City Clerk's Office January 3,200I (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21,2001 (5:00 p.m. NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public t tearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation RECOMMENDATION: Motion to award "RFQ FOR MEDICAL DIRECTOR TO OVERSEE THE EMERGENCY MEDICAL SERVICES AS PROVIDED BY FIRE RESCUE/EMTS, PARAMEDICS AND LIFEGUARDS", REQ g007-2210-01]KR, to Dr. Kenneth A. Scheppke of Jupiter, Florida in the amount of $ 21,000.00. EXPLANATION: On October 31, 2000, two (2) REQ's were received by Procurement Services. The Fire Department conducted oral interviews on November 8, 2000 with both candidates and the evaluations rated Dr. Scheppke as their choice for the Medical Director (see attached Memo 00-072). Dr. Scheppke has served as the Interim Medical Director since September, 2000 and Deputy Chief Ness has been pleased with his professionalism. The total annual contract mount is $ 21,000 ($1,650/month x 12 months + $ 1,200/year professional development reimbursement = $ 21,000.00). CONTRACT PERIOD: JANUARY 1, 2001 to DECEMBER 31, 2001 PROGRAM IMPACT: The Medical Director will oversee the emergency medical services as provided by Fire Rescue, Paramedics, and Lifeguards, as well as other departmental administrative functions. The Medical Director will be an independent contractor supervising and accepting responsibility for the medical performance of Emergency Medical Technicians 0gMT's), Paramedics, and first responders/Lifeguards, functioning in the Fire and Emergency Medical Services Department and the Parks and Recreation Department under applicable provision of Florida Statutes, Section 401.46. FISCAL IMPACT: ACCOUNT NAME/NUMBER OTHER CONTRACTUAL SERVICES 001-2210-522.34-51 BUDGETED AMOUNT $ 21,000.00 S:kBULLETrNWORMS,AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM ,REQUEST FORM ALTERNATIVES: Deputy Director of Financial Services Procurement Services Departmeni Name City Manager's Signature Cirf Attorney / Fknhnce / ]~-luman Resources cc: Deputy Chief Ness File SABULLETIN~ORMS'ukGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOPd[DA, AUTHORIZING THE MAYOR AND CITY CLERK TO ExECuTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND KENNETH A. SCHEPPKE. M.D., AS THE EMERGENCY MEDICAL SERVICES DIRECTOR FOR THE CITY OF BOYNTON BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 401.46, FlOrida Statutes, requires that each Emergency Medical Services Program have an EmergencyMedical Services Director. WItEREAS, the City Commission, upon recommendation of staff, has deemed it be in the best interests of the citizens, employees and residents of the City to enter into an Employment Agreement with Dr. Kenneth Scheppke, M.D., contract period beginning January l. 2001 to December 31, 2001, as the Emergency Medical Service Director for the City of Boynton Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize the Mayor and City Clerk to execute an Employment Agreement, between the City of Boynton Beach, Florida and Kenneth A. Scheppke, M.D., as the Emergency Medical Services Director for the City of Boynton Beach. A copy of said Agreement is attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage PASSED AND ADOPTED this __ day of December, 2000. CIT,Y OF BOYNTON BEACH, FLOR1DA Mayor Vice Mayor Mayor Pro Tem Commissioner Commismoner City Clerk (Corporate Seal) S:caXReso\EMS Dir! 12200 APPENDIX A EMERGENCY MEDICAL SERVICE DIRECTOR CONTRACT THIS CONTRACT, entered into on , 2000, between the CITY OF BO T ' ' " " YN ON BEACH, Florida (hereinafter CITY ) and Kenneth A. Scheppke, M.1X ~hereinaf~er "MEDICAL DIRECTOR'"} for Emergency Medical Services Director, is entered into subject to the following terms and conditions: The City of Boymon Beach and Kenneth A. Schenpke, M.D. hereby agree that the terms of this Contract provide an outline of the working relationships and responsibilities of the CITY and the Medical Director for the City's Emergency Medical Services Program (EMS), which is a part of the CITY's Municipal Fire Department. The items in this Contract in the following Sections are aimed at id~entifying~ theMEDICAL DIRECTOR's general relationship with the CITY, his responsibility for supervising the direct medicai related activities of the EMS Program, and the MEDICAL DI1LECTOR's responsibility for local training and certification of the Paramedics. The Contract further supports the principle that the MEDICAL D~CTOR will receive support fi-om the Fire Department Administration and will direct his requests for equipment and equipment assignments; manpower and manpower assignments; and.supplies of the Fire Department Administraiion and recognizes that aasagnments to the Paramedic Program will be made by the Fire Chief in accordance with.the o~erall resources and needs of the Fire Department. The CITY hereby contracts with the ~EDICAL DIRECTOR and the MEDICAL DIRECTOR accepts this contract as MEDICAL DIRECTOR for the CITY OF BOYNTON BEACH Emergency,Medical Services Program under the previsiOns of Section 401.46, Florida Statutes, and the applicable rules of any governmental agency implementing said Chapter or other established duties required to be performed bysaid MEDICAL DIRECTOR, or upon notice fi'om the CITY that such additional.duties have been established by the Florida Department of Health and Rehabilitative Services. It is recognized that the MEDICAL DIRECTOR's contract with the CITY preserves MEDICAL DIRECTOR's right to practice as an independent physician at all times. The MEDICAL DIRECTOR shall accept responsibility for the medical performance of the Emergency Medical Technicians, Paramedics, Lifeguards and certified Emergency Medical Dispatchers employed by the CITY and serviagin the Emergency Medical Services Program of the City Fire Department, herein referred to as EMS. The Medical Director shall be responsible directly to the City Manager; however, nothing herein shall in any:way authorize any limitations or restrictions by the City Manager on ~the professional acts or advice of the MediCal Director. The Fire Chief, through the Department~ staff and operation procedure, will:establish Department policy for equipment and equipment.assignment, and for supply purchase and use. The MEDICAL DIRECTOR, in conjunction with the Fire Chief, shall establish dispatch pro'cedures and priorities. The Fire Chief will establish Department policy for manpower assignment in conjunction with recommendations made by the MEDICAL DI1LECTOR. The MEDICAL DIRECTOR shall perform all services required pursuant to Chapter 401, Florida Statutes; Section 401.46, Florida Statutes; Ctmpter 64E-2, Florida Admiuistrative Code; duties and regulations promulgated by the Florida Department of Health and Rehabilitative Services; and all present rules and regulations of any governmental agencies implementing said Chapter or other established duties required to be performed by said MEDICAL DIRECTOR. The MEDICAL DIRECTOR shall serve as the Fire Department's physician for purposes of advising, the Fire Chief on matters pertaining to occupational safety and health. MEDICAL DIRECTOR shall serve as the Medical Director for the City's Life Guards, who may be certified as Emergency Medical Technicians. 6. The MEDI~G~AL. DIP,_ECT~R a~ees to both directly and indirectly supe~,se~and~ ac~c,~pt ' resp°nSi~i~ f6~ ~i9 :m~ p~om~c~ of Ememency ~ Medic~, Tic~ici~, Ce~ Emerge~y ~c~ Dispmchers, ~d P~medics ~ctioffing for ~e EMS ~d~shall flare ~11 au~ofiW to direct ~d supe~se the me,cfi activities in the field, in tra~ng ~d for ce~ificati~m, Such SUpe~is~on shill be accomplishedby, bm not limfedto: : A. C: Review~ of; incidene reports and a,ssociated flocumentation, and, ! D. Cpnfe~r~ .,~ceand/or~m~tiag:in:hoth individual and group situ~ations. E. Review of standard operating procedures and protocols involving multi-agency responses to medical emergencies. These duties will be, performed periodically by the MEDICAL DIRECTOR at h/s/her convenience as often as is~necessary to insure that proper medical standards and procedures are being f°l!ow&d., Cos! f?r :S,upplying necessary in-service instruction material will be assumed by the C~}T~ and the matte,l-iai wiltbeco,m~_, the pr°Perty.of the CITY. Further the EMS Coordinator shalLbe theMEDICAD DIRECTOR s agem for purpose of quality assurance pursuant to;Florida State Statute: The MEDICAL DIRECTOR shall have the services of the Departmental training program, facility and Staff to assist in canying out training requirements for the EMS. MEDICAL DIRECTOR,shall ~ciPate in daily in-service training scheduled by the Fire Department. The ~ shall be member IV. Statute, Section 401 A ¢othi Agr~ ent. shall be limited to the scope of duties in Florida as set forth in Exhibit AL D~CTOR vith written reports as required by Fire of the CITY's Emergency 2 10. The provider shall indemnify and save harmless the MEDICAL DIRECTOR fi.om any and all liability for acts or omissions committed by the MEDICAL DIRECTOR while acting in the capacity asMedical Director of the Boynton Beach Fire Deparmaent, but said indemrfification shall be to the extent only of any amount due and owing from MEDICAL DIRECTOR which exceed applicable insurance coverages maintained either by MEDICAL DIRECTOR or by the CITY on behalf of MEDICAL DIRECTOR The provider shall indemnify and save harmless the MEDICAL DIRECTOR fi.om any and all liability incurred as a result of acts or omission of employees of the City of Boynton Beach Fire Department. 11. The CITY will pay the MEDICAL DIRECTOR the sum of NINETEEN THOUSAND EIGHT HLrNDRED AND NO/100 CENTS ~$19:800.00 ) with the monthly rate being ONE THOUSAND SIX HUNDRED FIFTY AND NO/t00 CENTS ($1,650.00~ per month for twelve (12) months, payable at the end of each month for services outlined in this contract. 12. The CITY will provide portable radio communications and an Alpha Numeric or Digital Pager for the use of the MEDICAL DIRECTOR. 13. In matters of employee relations and concern, the MEDICAL DIRECTOR, under the terms of this contract is considered to be a member of the administration and supervusory division of the Fire Department and will be expected to aid the Fire Chief as the Fire Ch/cf carries out grievance procedures, discipline; interviewing paramedics, paramedic school assignments, and union contract administrative mqnirements. A. The MEDICAL DIRECTOR will be expected to report to the Fire Chief the circumstances relating to any employee decisions for the Emergency Medical Services System such as discipline, de-certification or promotion in which the MEDICAL DIRECTOR is involved. B. The MEDICAL DIRECTOR agrees to participate as required at personnel hearing boards such as grievance procedures of the union contract, ere as a part of his D~artment admini.qtrative responsibilities of the Department without additional compensation. Co The .MEDICAL DIRECTOR agrees to participate in the oral interview and skills test administered to all new lirefighter applicants who have a paramedic certificate prior to their employment. MEDICAL D~CTQR retains the right to prevent the h/ring of any such individual for the, purpose of employment as a paramedic if he or she does not perform satisfactorily durigg the interview end/or skills test. The content of the skills test will be in accordance with current standardized criteriaset ~p by the American Heart Association and American College of Emergency Physicians. The MEDICAL DIRECTOR agrees that anytime a firefighter employed by the City of Boynton Beach wants to attend paramedic classes for purposes of becoming a licensed paramedic they mUSt have written approval by the MEDICAL DIRECTOR prior to attending and/or enrolling in such classes. 3 14. From time to time the MEDICAL DIRECTOR will be expected to attend Department administrative staff meetings so that he can give input to the administrative staff on the needs and status of the EMS Program and so that he can become involved in and informed of Departmental Standard Operating Procedures relating to: A. Response procedures B. Equipment and personnel allocations C. Department priorities D. Departmen~alprocedures for,han~!ling emergencie~s,,. E.' Wor~k-~g y;4th ~ther degamnents F. Emergency medical disPatching G. Infectious disease procedures 15. Any staffing changes that result in modifying the DePartment's current EMS response protocols must be cleared through.the MEDICAL DIRECTOR. 16. Either party to this contract may, upon gndng thirty (30) days written notice to the other party, may terminate this contract for any reason whatsoever, and after the effective date of such notice all parties will be relieved of any further obligations under this contract. 17. The MEDICAL DIRECTOR will assure the continuous aval!ability.of at least one qualified physician as Direct0r.v~hoI shall Serve as Ac,ting Medical Dir~ector in the absence of the MEDICAL DIRECTOR. In addition, the MEDI( :AL DIRECTOR Will notify the Boynton Beach Fire Rescue Department wher~ever he/she will be unavailable for whatever reason, and will attempt to pm3ide twentY-~ur (24) hour prior notification of Such unavailability except under emergency ckcumstancas.'The no,fi, ficafion shall be given to the 0ffic~ of the Fire Chief, and shall include the name/md telephone numbers of the Acting Medical Director. 18. Upon reques[, the MEDICAL DIRECTOR will advise the Department on appropriate procedures to address incidents'in ~hieh an employee of the Fire Depat~nent has been or may have been exposed to infectiOUS diseases or hazardous materials. 19. MEDICAL DIRECTOR hereby agrees to perform those duttes set forth m Exhihit A and n the SPeCifications for the poslti°n Set forth in Exhibit "B." Exhibit "A" and "B' are attached hereto and incorporated herein. 20. Tkis term of this agreemen~t shall be one (1) year 1Sore the date of execution, with CITY having the option to renew on a ~arly basis for the next tWo (2) years, by providing written notice to MEI~ICAL DIRECTOR & least twenty (20) days prior to the expiration of the term that the CITY intends to renew the contract for an additional year. MEDICAL DIRECTOR shall indicate whether he or she wishes to remain a party, to the agreement prior to the expiration of the term. 4 IN WITNESS WHEREOF the parties hereto have caused these presents to be signed by their duly authorized officers and by .the MEDICAL DIRECTOR on this day of ,2000. WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor WITNESS: MEDICAL DIRECTOR ATTEST: PRINT NAME City Clerk (Corp. Seal) 5 EXHIBIT "A" Be responsible for advising the ALS provider as tc Ihs assessment of the competence of each of the provider s pa[medics and fOr m~ing recommendations regarding the medical procedures which each pa[a[nedl¢ should b~:~/u~llofiz~d' ti3 perform~ Such assessment should be made by utilizing reasonable evaluative processes and techniqUes and should include at least assessment of each paramedic's ability to: A. Appropriately evaluate emergency medical patients and determine proper priorities for emergency medical care: B. Communicate the findings of such evaluation to a physician who has agreed, in writing, to provide responsible supervision of that paramedic; C. Receive and understand proper orders from a physician providing direct supervision of the paramedic; D. Understand and properly apply any standing orders authorized by the Medical Director; E. Understand legal relationship between the paramedic, Medical Director, physician(s) under agreement to provide responsible supervision of the paramedic and any other physician; F. Insure that any ALS performed by the paramedic is done with responsible physician supervision; and G. Perform the specific medical procedure(s) which the paramedic is specifically authorized by the Medical Director and by the ALS provider to perform. 2. Continually evaluate the medical capability of the paramedics and the ALS provider and advise the ALS provider regarding the appropriate level and standard of care which the ALS provider should seek to achieve. 3. Assist in identifying the specific medical skills and knowledge which paramedics must possess to achieve the desired level and standard of care. Assist in identifying the training and experience necessary for the paramedics to acquire the desired skills and knowledge and, in cooperation with approved educational programs, in assuring that each paramedic receives such mining and experience as required. Develop and implement an appropriate process for periodic audit and review of medical procedures performed by paramedics. Such audit and review process must comply with such standards and requirements as may be set forth by the Department from time to time. Develop and authorize or review and authorize for use standing riders which allow the paramedics m properly manage certain medical emergencies when voice communications with the responsible physician is not-available. Such standing orders must be specified and must at least provide for managing immediately life threatening emergencies though they are not required to be so comprehensive as to include all possible medical emergencies. 6 Be responsible for the medical correcmess of any standing order which he authorizes for use by the paramedics and for properly instructing the paramedics regarding the correct use of standing orders. Assist the ALS provider in assuring continuous availability of at least one responsiblephysician. Determine the qualifications necessary for a physician to provide responsible supervision of the paramedics. Retain the ultimate authority to permit and/or prohibit any system paramedic to utilize ALS techniques (Specific authority 401.35, 381.031(1)(g), 20.05(5) FS. Law implemented 401.46, 401.47 FS. History New 9-10-78). 7 EXHIBIT "B" SPECIFICATIONS FOR MEDICAL DIRECTOR TO OVERSEE THE EMERGENCY MEDICAL SERVICES AS PROVIDED BY FIRE RESCUEfEMTS, PARAMEDICS AND LIFEGUARDS Scope of Services .~ The City of Boynton Beach is seeking to employ a Medical Director to oversee the Emergency Medical Seyvices as provided by,Fire Re~¢ue~ P~amefiics ~ Lifeguards, as. well as other departmemal administrative purposes and functi0n~. The Medical Dire~tor ~11 be ~ independent contractor ~per¥ising land accepting reSppnsibj!i~y for the m~d~cal ~erf~rmfir/c~ ~,of iEmergency Medical T~hn/~ians (EMTs), paramedics, and tim ~e~P0nders/L!feg~ards~ functig~ng in the Fire and Emerger/cy:Medieal:$ervices Departmem; md. the Parks an~ ReCreatiOn D~artment under applicable provisions of'Florida statutes. I. Related Responsibilities A. The Medical Director serves as the Fire Department's physician for the purposes of advising the Fi~e Chief on matters pertaining to occupational safety and health. B. The Medical Director serves as the Medical Director for the City's Lifeguards, who may be certified as Emergency Medical Technicians. C. The Medical Director agrees to both directly and indirectly supervise and accept responsibility for the medical performance of Emergency Medical Technicians and Paramedics functioning m the Fire and Emergency Medical Services Department and the Parks and Recreation Depmmxent Such supervision shall be accomphshed by, though not limited to: D. Actual accompaniment of Paramedics and EMTs on rescue calls; E. Monitoring of radio transmissions to and from hospital emergency departments and related facilities; F. Review of rescue incident reports and associated documentation; G. Conference and/or meetings in both individual and group situations; H. Review of Standard Operating Procedures and Protocols involving multi-agency responses to medical emergencies; I. Active pai'ticipation in daily in-service training scheduled by the Fire Department. 8 These duties will be performed periodically by the Medical Director ar his/her convenience and as often as is necessary, to insure that proper medical standards and procedures are being followed. The Medical Director shall provide the Fire Chief with written repons as required by the Fire Chief regarding efficiency and effectiveness and general performance of the City's Emergency Medical Services System, II. The Me,dical Director shall perform all services required of h/m pursuant to Chapter 401, F!ot/da Statutes, and the applicable rules of any governmental agency implementing said Chapter or other established duties required to be performed by said Medical Director, or upon promulgation of additional duties established by the Florida Department of Health. III. The Medical Director shall give necessary ,instructions to the City's Emergency Medical Technicians (EMTs); Paramedics and Lifeguards. Ihe Medical Director will also superwse and arrange such in-sermce instructional sessions, and promulgate such rules and directives. as may be necessary to assure that alImedicai~ervices performed by EMTs, Paramedics and Lifeguards are in accordance with proper medical standards and procedures: In addition; the Medical Director shall pamcipate in general Paramedic staff meetings at a time and date mutually agreeable:with the Mediea[Director and the Fire and Emergenc~ Medical Services Department; provide sufficient didactic lecture and instruction.to insure that:standards of emergency medical care are maintained, review and comment on content and emphasis on in- service training and testing procedures; and shall initiate a review of all pre-hospital emergency medical service protocols and levels of pers0nnel and equipment response at least.every six months to d~termine their applicability and appropriateness with respect to currently accepted emergency procedures. Recommended revisions of said protocols or response procedures shall be furnished to the Fire Chief. IV. Services and responsibilities: A. The Medical Director will assure the continuous availability of a least one qualified physic/an as outlined in Section I, who shall serve as Acting Medical Director in the absence of the Medical Director. In addition, the Medical Director will notify the Boynton Beach Fire and Emergency Medical Services Depathhent whenever he/she will be unavailable for whatever reason, and will attempt to provide 24 hour prior notification of such unavailability except under emergency circumstances. The notification shall be given to the office of the Fire Chief, and shall include the name and telephone numbers of the Acting Medical Director. B. The Medical Director will provide liaison services as required and requested between the Fire and Emergency Medical Services Department of the City and other departments, divisions, boards and bodies of the City, County and the State of Florida, as well as educational, institutions, medical societies and other agencies or institutions relating to the provision of Emergency Medical Services. 9 C. The Medical Director will retain ultimate authority to permit or deny any Paramedic or EMT the utilization or advanced life support techniques, basic life support, patient assessment, or patient stabilization procedures. Upon request, the Medical Director shall advise the Fire Chief or the Director of Parks and Recreation; if appropriate, on disciplinary recommendations related to medical care. D. The Medical Director shall:administer a protocol examination and/or practical test as he/she sees fitte detemfine the competence of al} Emergency Medical services:personnel covered by this agreement: E. Upon ~equest; the~Medica~ Director ~wilLpa~cipate~in :the. design~-and structure of se~l~etion ~oce~tm-:es: fx/r entry'l:ewl, pe!~i for [he Citf Of B0~to~ B~aeK F. ~ Upon req:uest,;:~e ,Medica~ :Direc~0~ will consult ,with the Fire Chief regarding pr0motionaLt~g criteria Y0r inmbent personnel. G. Upon request,i ttie Medical Director .w. ill:a ,d, ese- the department on appropriate procedures to address incidents in :which lan employee of the Fire~ and Emergency Services DePmtment o~the parks and ReCX~afionD~amuent~s Life Guard unit, has.beemor may haCe been, exposed to infectious diseases Or h~d0us materials. H. Upon reqaesr~ the~ Medical Directo~ will maintaindata regarding the stares of employees w-ho ,ha~e beenc 6r may have been,:e:~P6sed to: the infectious diseases al h~ardons materials. Upon request, th, Medical Director will provide oversight and instruction to assist in the preparation of personnel in the Fire and Emergency ServiCe ~)epaxtment in professional competitions which may be selected by the Department. At his/her election, the Medical Director may utilize the services of a Licensed Physician Assistant who shall be designated as a Deputy Medica~ Director'to facilitate the delivery oftbe services enumerated in the Medical Director's contract. However, responsibility, for the efficieaat delivery of-these services shall remain with the physician selected a~ the' Medical Director and no increase in the annual fee shall occur based on this election. K. The Medical Director will oversee and provide instruction during depatunent scheduled in-service training, for a minimum of 6 hours per month. Consideration of the City of Boymon Beach Because the Medical Director may be subject to the risk of certain liabilities by entering into this agreement, the City will obtain and pay the annual premium on a medical malpractice insurance policy insuring the Medical Director against liability arising out of negligent acts or omissions of the Medical. Director in the performance of his duties as Medical Director during ~he term of this Agreement. l0 VII. VIII. If this insurance policy provides coverage on a premium of this policy for a coverage period ending not less than four (4) years following termination of employment of the Medical Director, the provisions of th~s paragraph shall survive termination of this Agreement. regardless of whether termination is by the Medical Director or by the City, or by expiration of the term of this AgreemenT, until four (4) years after termination. In addition, the City shall reimburse the Medical Director for regtstration fees, travel, hotel and meals to permit the Medical Director or the Deputy Medical Director to attend professional conferences pertaining to Emergency Medical Services in each fiscal year; provided however, such expenses to the City shall not exceed twelve hundred dollars ($1,200.00) in any fiscal year; and provided further, that such funds are provided for in the annual budget Of the City in any fiscal ,year during the term of this Agreement. Approval of any such professional conferences Shall be at the sole discretion of the Fire Chief, and city trave, t poli.cy guidelines shall apply to individual and specific expense categories. The ,M. ~;e~lica~ D~rector at l-tis/her sole discretion~ may elect to have ~ese fundsinCorporated into ms/laer basra fee for Service and in such ease, the preceding Conditions of Section VI shall not apply. Appropriate communications equipment such as a portable radio, digital pager, cell phone, etc., may be provided to the Medical Director, if applicable, by the city. The Medical Director shall be directly responsible to the Chief of the Fire and Emergency Medical Services Department of the City. The Fire and Emergency Medical Services Department will provide limited and department related administrative and secretarial support to the Medical Director through the Office of the Fire Chief. The Fire and Emergency Medical Services Department, through the Office of the Fire Chief and the Parks and Recreation Department, shall cooperate to the greatest possible extent ~n the delivery of e0mpetent emergency medical, care, including implementation of the policies established by the Medical Director and approved by the Fire Chief. In consideration of the requirements and standards enumerated herein, I propose to perform these functions and duties for a fee of~ffi~lt,~lll~l~. I am able to assume these responsibilities. Request for Qualification Requirements XI. Standards to be met by the Medical Director A. The MediCal Director shallbe a Florida State:licensed physician;, and. B. Is an ACLS (Advanced Cardiac Life Support) provider with instructor certification, and is an ACLS affiliate faculty member of the American Heart Association: or C. Is a BoardrCertified Emergency physician, or~is currently employed as an Emergency D~ ~hT~i~ian~in~ t,~ ~,~ta. tc of- ~10rida~ or Who. has p~e¥/~usly.,been an ~ ~eat ~S~cian i~ ,the Sm; ~£ F~orida' ~,~h~t (S) five ye~s; : . D ain~inS~o eial dvile esandaffiliationwithOneormoreofthefolloWmgmedica1 ,faciliiies: Bethesda Memoriat~r John F. Kennedy~ Hospital Signature Date ATTACH COPIES OF ALL REQUIRED LICENSES, CERTIFICATIONS DOCUMENTATION OF PRIVILEGES AND AFFILIATIONS, A CURRICULUM VITAE, ALONG WITH OTHER CREDENTIALS OR INFORMATION YOU WISH TO HAVE CONSIDERED BY THE CITY AS PART OF TI-IlS REQUEST FOR QUALIFICATIONS/SERVICES, IN ADDITION, ALL CURRENT AND ANTICIPATED CONTRACTUAL AGREEMENTS NAMING THE PHYSICIAN AS MEDICAL DIRECTOR FOR ANY OTHER GOVERNMENTAL AGENCY, BODY, INSTITUTION OR PRIVATE OR PUBLIC SERVICE SHALL BE IDENTIFIED AT THE TIME OF SUBMISSION OF THIS REQUEST FOR QUALIFICATION/SERVICES. 12 BIlL ATKINS, DEPUTY DIRECTOR OF FINANCIAL SERVICES DEPo~f-~R'E' CHIEF, JIM NESS ~*MOST RESPONSIVE, RESPONSIBLE PROPOSER WHO MEETS ALL SPECIFICATIONS ~ RF.Q__FQR.~ .M~P!CA~ DIRECTOR TO OVERSEE THE EMERGENCY IV~CAL SERVICES AS PROVIDED BY FIRE RESCUE/EMTS, PARAMEDICS AND LIFEGUARDS "Offers from the vendors listed herein are the only offers RFQ OPENING DATE: OCTOBER 31, 2000 @ 5:00 P.M. received timely as of the above receiving date and tiree. RFQ OPENING DATE: NOVEMBER 1, 2000 @ 9:00 A.M. All other offers submitted in response to this solicitation. RFQ #: 007-2210-01/KR QUALIFIERS _~ I~ KENNETH A. SCHEPPKE, M,D. CHRISTOPHER SCHIRMER M.D. I m 296 HAMMOCK POINT SOUTH 19954 LOXAHATCHEE POINT DRIVE ~ JUPITER, FL 33458 JUPITER, FL 33458 (561 ) 743-9245 (561 ) 744-8852 COPIES OF LICENSES & CERTIFICATIONS SUBMITTED YES YES DOCUMENTATION OF PRIVILEGES & AFFILIATIONS SUBMITTED NO YES SIGNED ACKNOWLEDMENT OF REQUEST FOR QUALIFICATIONS YES YES CURRICULUM VITAE SUBMITTED YES YES NUMBER OF SUBMITTALS/COPIES ONE ORIGINAL ONE ORIGINAL/ TWO COPIES ANTI-KICKBACK AFFIDAVIT FORM SUBMITTED YES YES NON COLLUSION AFFIDAVIT OR PRIME QUALIFIER FORM SUBMITTED YES/NOT NOTARIZED YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED YES/NOT YES/NOT RFQ FOR A ~MEDICAL DIRECTOR TO. OVERSEE.THE EMERGENCY MEDICAL SERVICES AS PROVIDED BY FIRE RESCUE/EMTS, PARAMEDICS AND LIFEGUARDS "Offers from the venders listed herein are the. only offers RFQ OPENING DATE: OCTOBER 31, 2000 @ 5:00 P.M. 'r-e~erve~d flm~ly as 0fihe above receiving date and time. RFQ OPENING DATE: NOVEMBER 1,2000 @ 9:00 A.M. AI~ othm'offers sul~r~|t~(Jin i~sponse to this solicitation, RFQ #: 007-2210-01/KR if any, are hereby rejected as late" QUALIFIERS ' ! KENNETH A. SCHEPPKE,r M.D. ~,,.H~ISTOPHER SCHIRMER, M.D. ' 296"H~,MI~'0(~K PbiNT SOUTH i~4 LOXAHATCHEE POINT DRIV~ JUPITER, FL 33458 JUPITER, FL 33458 (56'1) 743-9245 (561) 744-8852 CONFIRMATION OF DRUG-FREE woRKPLACE SUBMITTED YES YES COMMENTS LETTERS OF REFERENCE SUBMITTED From: Date: Re: Fire Department Memorandum 00-072 Karen Riseley Deputy Clfief J. Nes~ November 14, 2000 Medical Director Contract- agenda request Our RFQ process was concluded last week with the Completion of our oral interviews. Present at these interviews from Boynton Beach Fire Rescue Were Deputy Chief Liu, Captain Witt, and EMS Chief Rudy; fi:om the Dekay Beach Fire ReseUe Depamnent was Lt. Twigger, and fi:om Lake Worth Fire Rescue was Deputy Chief Herb Redmond. Based upon the scoring of the candidates, Dr. Scheppke was selected as our choice for Medical Director. Please proceed with the agenda request for Dr. Scheppke's contract approval. I will contact our legal departmem and have them prepare the neW contract. The new contract will cover January 1s~ 2001 through December 31s~ 2001. Your assistance in this matter has been greatly appreciated. C: Chief Bingham Legal Dept. ORAL INTERVIEW RATING FORM NAME OF APPLICANT: /~ F', ,--¢c. 4 e/¢/~./re POSITION INTERVIEWED FOR:/Wed/ca/D/rector Date: November 8, 2000 Time Started ]:9-5- Interviewer: ~0~4,~ o-~ J , ['-~--¢ Department Fire Rescue Time Ended l: 3'-¢' QUESTIONS 5 4 3 2 I 0 ~ I 1. Question: For the stability of our EMS program, it is important that the medical director ~ve choose remains with us for a minimum of one year, with the likeli~hood that his contract ,,v~l~ be i renewed for an additional year. Given the questionable employment stability of theE.P,,., egviroranent3:~'hat assurances carl you give us~that you W~ll be. here~f0r the next on~:to~two years. 2. Quest!on. Describe your expen.ences ~v~o w~th.,p~amedms and EMTS in the past?. HaVe yO~ had a~y b:~i~eri'en~S ~0rking in the field with pre~0s~ital'~ersormei' ~' * . .' .: ' 3. Ouiestion: Descrilde and give exmn_~les of a2y EMS training pr0gams you have tsean :involved ~th. >zfc~ ' 4. Question: We are looking for a "hands on" Medical Director. There are a number of departmental programs that will require your involvement on a routine basis, i.e. Quality Improvement revie~vs, Monthly Training sessions, ClinCon Competition, Equipment Review committee, etc. Are you prepared to make a commitment to participate in these activities? Can you provide any examples of similar programs you have been personally involved with. 5. Question: There are times ~vhen our paramedics will need your assistance/advice while at calls. Would you be accessible? Do you have a contingency plan to provide coverage when you are ~not available, and if so, ~vhat is that plan? 6. Questioni Do you have any experience in working ~vith a Fire Rescue Department? Specifically, experiences dealing with labor unions, Incident Command System, local governmental agencies, or similar paramilitary organizations. 7. Question: In summing up your background and experiences, what specific assets do you feel you bring to the table as our potential I medical director'? ( See page 2 for Rating Key) 7~o 7L~ /': ~.~, Nov. 8, 2000 ORAL INTERVIEW RATING FORM NAME OF APPLICANT: POSITION INTERVIEWED FOR: Medical D/rector QUESTIONS Time Ended Department Fire Rescue 15~4i3 21 0 I I Question: For the stability of our EMS proaram it is important ,I that the medical director we choose remains with us for a minimum of one year, with the likelihood that his contract will be renew.ed for an additional year. Given the questionable employment stability of the E.R. environment, what assurances can you ~ive us that you will be here for the next one to two years. 2. Question: Describe your experiences working with paramedics and EM'irs in the past? Have you had any'~x~eriences working in the field with prehospitat personnel. 3. Question!Describe and give examples of any EMS training pro,ams you have been involved with. 4. Qu~estion: We are looking for a "hands on" Medical Director. There are a number of departmental progams that will require your involvement on a routine basis, i.e Quality Improvement reviews, Monthly Training sessions, ClinC0n Competition, Equipment Review committee, etc. Are you prepared to make a commit, ment to participate in these activities? Canyou provide any examples of similar programs you have been personally involved w/th. 5. Question: There are times ~vhen our paramedics will need your assistance/advice while at calls. Would you be accessible? Do you have a contingency plan to provide coverage when you are not available, and if so, what is that plan? 6. Question: Do you have any experience in working with a Fire Rescue Department? Specifically experiences dealing with labor unions, Incident Command System, local governmental agencies, or similar paramilitary organizations. 7. Question: In summing up your badkground and experiences, what specific assets do you feel you bring to the table as Our potential medical director? ( See page 2 for Rating Key) Nov. 8, 2000 ORAL INTERVIEW RATING FORM NAME OF APPLICANT: /t/--A//V,~ 7~,~', .. _~(._/j/~ ,¢/,2,,<- . ¢~_._'~_ POSITION INTERVIEWED FOR: Medica/D/rector Date: November8 2000 Time Started .,_~L~" TimeEnded /%~-$- Interviewer: ~/<~'~/ 1~-.,/'~2/ / i QUESTIONS Department Fire Rescue L. r 151413121110 1. Question: FOr the'stabiIity o£our EMS program, k is important - that the medical director we choose remains with us for a minimum of one renewed for ~ addkio~r emplo~ent Stability of the E.K. en~iromen~, ~hat ~sur~ces. , c~ you give us that you Wilt be h~¢ for ~e nex~ bne to ~o ye~ 2. O escort: Des~ your ¢xpenences ~Orkmg wt~-p~edics ~d EMTs in ~e p~t? Havey0u had.~y,&xp~fiehc~ Wor~g in · e field ~ p~hospit~ perso~el~ 3. Q~saon.~esc "be ~d *ire pro.ms you have been ~volved 4. Q~saon: We ~e loohng for a-"a~dson" Medical Director. - There ~e anmber of d~tat pro~ that Will require yo~ ~volveme~t on a roufifie b~is, i.e. QuMi~ ~prove~nt reviews, Mon~ly Tr~ng sessiom,;C~Con ~o~efition,~ Equipment Review Com~ee, etc. ~e you ~rep~ed to m~e a co~i~ent to p~icipate in ~ese a~fivities? C~ you provide ~y exmples o~sz~l~ pro.ms you have been personify involved wi~. 5. Question: ~ere ~e ~es when ourp~medics~ll need your ~sist~ce/advice w~te at c~is. Would you be a~essible? Do you have a contmgency pl~ to provide coverage when you are not available, ~d if so, what is that ~I~? 6. Ques~on: Do you have ~y experience in working with a Fire Rescue Dep~ment? Specifically, experiences dealing with labor unions, Incident Co--and System, l~caI*~gove~ental agencies, or similar paramilit~ organizations. 7. Question: In summing up your background and experiences, w~t specific assets do you feel you bring to the table as our potential medical director? SUBTOTALS ( See page 2 for Rating Key) Nov. 8, 2000 ORAL INTERVIEW RATING FORM NAME OF APPLICANT: POSITION INTERVIEWED FOR: IVied/cai D/rector Department Fire Rescue Date: November 8, 2000 Time Started /- QUESTIONS 5 [4! 3 2 I I 0 1. Question: For the stability of our EMS program, it is important that the medical director we choose remains :vith us for a [ minimum of one year, with the likelihood that his contract ~vill be renewed for an additional year. Given the questionable employment stability of the E.R. environment~ what assurances can you give us that you will be here for ttie next one to two years 2. Question: Describe your experiences working with paramedics and EMTs in the past? Have you had any experiences working in the field with prehospital personnel. 3. Question: Describe and give examples of any EMS training programs you have been involved with. 4. QuesUon: We are looking for a "hands on" Medical Director. There are a number of departmental programs that will require your in-~olvement on a routine basis; i.e. Quality Improvement reviews, Monthly Training sessions, ClinCon Competition, Equipment Review committee, etc. Are you prepared to make a commitment to participate in these activities? Can you provide any examples of similar progr~s you have been personally involved with. 5. Question: There are times When our paramedics will need your assistance/advice ~vhite at calls. Would you be accessible? Do you have a contingency plan to provide coverage when you are not available, and if so, what is that plan? 6, Question: Do you have any experience in working with a Fire Rescue Department? Specifically, experiences dealing with labor unions, Incident Command System, local governmental agencies, or similar paramilitary organizations. 7. Question: In summing up your background and exper/ences ~vhat specific assets do you feel you bring to the table as our potential n~edical director? ( See page 2 for Rating Key) Nov. 8, 2000 ORAL .INTERVIEW RATING FORM NAME OF APPLICANT: ]{(~v'~(_ ~"1 -~"nELbl~__' '2~]~[ POSITION INTERVIEWED FOR: ~ledical Director Department Fire Rescue Date: November 8, 2000 Time Startedl ' ~/~ T me Ended , - ') b QUESTIONS 5 i 4 ~ 3 12 I 0 1. Question: For the stability of our EMS program, n is important that the medical director ~ve choose remains with us for a minimum of one year, with the likelil~0~d'thaf his contract ,viii be renewed for an additi0na~ year. Giventh~ questibnable employment stability of'the E~R. enVi'ronm~n, tl What ~surances can you give us that you will be here for the 2eXt'~ne to two ~years. 2.. Question: Describe ypur experiences working w~th paramedics and EMTs in the past? HaVe you h~:~'e!~'eidenc'es' w0rldng in the field with prehospital personnel. 3. Question: Describe and gzve examples o£any EMS training programs you have been involved' with. 4. Question: We are looking for a "hands on" Medical Director There are a number of departmental programs that will require your involvemem on a routine basis, i.e.i Quality Improvement reviews, Monthly Training sessions, ClinCon Competition, Equipment Review committee, etc. Are you prepared to makea commitment to participate in these activiti'.e~ C~n you pr0v~de any examples of similar programs you have been personally involved with. QuesUon: There are times when our paramedics will need yo~ assistance/advice while at ~alls. ~Vould you be accessible? Do you have a contingency plan to provide coverage when you are not available, and if so, what is that plan? QuestiOn: Do you have any experience in working with a Fire Rescue Department? Specifically, experiences dealing ~vith labor unions, Incident Command System, local governmental agencies, or similar paramilitary organizations. 7. Question: In samming up your background and experiences what specific assuts" do you feel you bring to the table as our potential medical director? SUB TOTALS See page 2 for Rating Key) ~o~r-~-~/ '-~ J Nov. 8,2000 ORAL INTERVIEW RATING FORM NAME OF APPLICANT: liar. POSITION INTERVIEWED FOR: l~Ted/ca/D/rector Department Fire Rescue Date: November 8, 2000 Time Started Interviewer: QUESTIONS 1. Question: For the stability of our EN[S program, it is important that the medical director we choose remains with us for a minimum of one year, ,vith the likelihood that b_is contract ,vii1 be renewed for an additional year. Given the questionable employment stability of the E.R..enviromment, ~vhat assurances can you give us that you ~itl be here for ~ihe next one to two years. 2. Question: Describe your experiences working ~th paramedics and EMTs in the past? Have you had any experiences working in the field with prehospital personnel. 8. Question: Describe and ~mve examples'of any Ez 'IS trmmng programs you have been involved with. 4. Question: We are looking for a "hands on" Medical Director. There are a number of departmental programs that will require your involvement on a routine basis, i.e. Quahty Improvement reviews, Monthly Training sessions, ClinCon Competition Equipment Review committee, etc. Are you prepared to make a commitment to participate in these activities? Can you provide involvedanY examplesMth.of similar programs youhave been personally 5. Question: There are times when our paramedics will need your assistance/advice xvhite at calls. Would .you be accessible? Do you have a contingency plan to provide coverage when you are not available, and if so, what is that plan? 6. Question: Do you have any experience in working with a Fire Rescue Department? Specifically, experiences dealing with labor unions, Incident Command System, local governmental agencies, or similar paramilitary organizations. 7. Question: In summing up your background and experiences, what specific assets do you feel you bring to the table as our potential medical director? SUBTOTALS Nov. 8.2000 ( See page 2 for Rating Key) ORAL INTERVIEW RATING FORM NAME OF APPLICANT: k.,~',, ,b-~C~.~ ,~.;~r-~',~'~,-e~ POSITION INTERVIEWED FOR: Meal~ca~ D/rector Department Fire Rescue ua[e: NovemberS, 2~00, h Tlme~rted . I~ ,~x Time'Ended. Interviewer: _:QUESTIONS ' ~ 5 [ 4 1. Question: For the s~=b[]i~ of our EMS pro,am, it js i~po~a~t that the medical director ~ve choo~-.r~ains w~th us for a mi~mum of one ye~, wi~ ~e. I~elihood ~at '~s' con~act will be renewed for m'ad~tional year. Given;ffie questionable ~ ~ [ emplo~em smb[liW of &e E,R. ~hmm~nt;:~at asSm~ces ' c~ you give us,~t you will be here ~r~the next One m ~o ye~s 2. QuestiOn: D~cfibe yo~ eXp~ence~ W~ wf~p~edics ~d E~s in ~e past? Have you had ~y ex~efien~ wor~ng in the field wi~ pre~ospit~ perso~el. "' a.. Oues~on: D~scfibe ~d We exmPles of ~y EMS ~ai~g pro~ y~ have been involved wi~. 4. Ques~on. ~e oo r a h~ds on Me~c~ D~rector. ~ere ~e a ~mber of~p~ent~ pro,ms ~at will requke yo~ ~volve~ent on a rout~e basis, i.e. Quali~ ~provement reviews, Mohthly Tr~g sessionS, CtinCon Competition, Equipment Review co~ee, etc. ~e you prepped to m~e a com~ent to. p~icipate in ~ese activities? C~ you provide ~y exampte~ of simil~ progrms you have been personally involved with. 5. Ques~on: Tfiere ~e times when our p~edics will need yo~ assmtance/admce, whzle at calls Would. you be accessible? Do you have a contingency pl~ to pmwde coverage when you are not available~ ~d if so, what is that plan? ~ 6. Question: D* you haw any experience in ~vorking with a Fire Rescue Depa~ment? Specifically, experiences dealing with labor unions, Incident Command System, local gove~ental agencies, or sinfilar paramitita~ org~izations. 7. Question: In summing up your background ~d experiences, ~vhat specific asset5 do you feel you bring to the table as our potential medical director? SUBTOTALS ( See page 2 for Rating Key) Nov. 8, 2000 ORAL INTERVIEW RATING FORM NAMEOFAPPLICANT: ~.~IL <.b~-'(~t')~-~.-.-:/'~ ~( POSITION INTERVIEWED FOR: Medical Director Department Fire Rescue Date: November8. 2000 Time Started /'~-~ ! I Time Ended . Interviewer: ~ ,~-' - J~.u_ n QUESTIONS 1. QueSUon: For the stability of ow EMS program, it is important that the medical 'director we choose remains with us for a minimum of one year. with the likelihood that his contract will be renewed for an.additional, year Given the questionable employment stability of the E.R. environment, what assurances can you give us that you will be here for the next one to two years. 2. QuestiOn: Describe your experiences working with paramedics and EM'rs in the past? Have you bad-.anY experiences working in the field with prehospital personnel. a. QuestiOn: Describe and give examples of any EMS training progr~s you have been involved with. 4. Question: We are looking for a "hands on" Medical Director. There are a number of departmental programs that will require your involvement on a routine basis, i.e. Quality Improvement reviews, Monthly Training sessions, ClinCon Competition, Equipment Review committee etc. Are you prepared to make a commitment to participate in thes, e activities? Can you provide any examples of similar prograrns you have been personally involved with. 5. Question: There are times when our paramedics will need your assistance/advice while at calls. Would you be accessible? Do you have a contingency plan to provide coverage when you are not available, and if so, what is that plan? 6. Question: Do you have any experience in working with a Fire Rescue Department? Specifically, experiences dealing with labor unions,~Incident Command System, local governmental agencies, or similar paramilitary organizations. ?. Question In summing up your back~m:ound and experiences, what specific assets do you feel you bring to the table as our potential medical director? suBtoTalS ( See page 2 for Rating Key) '7'-/~ ~'-/3r'L~ - ~-? Nov. 8, 2000 ORAL INTERVIEW RATING FORM NAME OF APPLICANT: C L r-, ~ -I~aloL eY' POSITION INTERVIEWED FOR: Medical Director Date: November 8, 2000 Department Fire Rescue Time Started ,,*erv,ewer: J Time Ended QUESTIONS . 5 !4 3 12 I 0 1. Question: For the stability ofour EMS pro=m'am, it is importarlt :1 , that the medicai director ~ve, choose remains with dS for ~ ' - m mmum of one year, w~th the likelihood that'kis contract wall be renewed for an arJditional, year. Given the ques~onable , ,, iv employment stability of the ~.R.-environment~ Vcha~,~suranees can yotz gi~ze us that you will be here, for the next.one to two years Oues~pn- Desc;nbe your expenen~s W6rking:wi~4p~amedms and EMTs in th~ past? Have you had any cXperiencesrworldng in the field with pr,ehospital p*rsonnel. 3. Question: Describe and We examples o£any EMS training pro.ams you h~ive been inVo~ve~t with V 4. Question. We are looking f~r a ~*haui:ls,on Medm~il Dn:ector. There are a number of dep~efi~l programs that ~11 require your ~volvement on a routine bas~s~ i~e. Quality Improvement revm~vs~ MonthLy Tram~nosessmns, ChnCon CompettUon, V Equipment Review committee, etc~ AfC;you preparbd to make a commitment to participate in,,these' activities? Call you provide any examples of similar pro.ams you have been personally involved with. 5. Question: There are times when our Caramedics ~will need your assistance/advice while at calls. Would you be accessible? Do you have a contingen~cy plan to provide coverage when you are not available, and if so, what is that plan?, 6. Question: Do you have any experience .in workin~ with a Fire Rescue Department? Specifically, experiences dealing with labor unions, Incident Command System local governmental agencies, or similar paramilitary organizations. I I 7. Question: In summing up your background and exper/ences, what specific assets do you feel you bring to the table as our potentialV~ medical director? SUB TOTALS i ( See page 2 for Rating Key) Nov. 8, 2000 ORAL INTERVIEW RATING FORM NAME OF APPLICANT: POSITION INTERVIEWED FOR: Medical Director Department Fire Rescue Date: NovemberS, 2000 Time Started i"/' / QUESTIONS 1. Question: For the stability of our EMS program, it is important that the medical director ~ve choose remains with us for a minimum of one year, with the likelihood that his contract ,vill be renewed for an additional year. Given the questionable employment stability of the E.R. environment, ~vhat assurances can you give us that you will be here for the next one to t~vo years. 2. Question: Describe your experiences working with paramedics and EMTs in the past? Have you had any experiences working in the field with prehospital persormel. $. Question: Describe and give examples of any EMS traming prograrns you have been involved with. 4. Question: We are looking for a "hands on" Medical Director. There are a number of deparm~ental programs that will require your involvement on a routine basis, i.e. Quality Improvement reviews Monthly Training sessions, ClinCon Competition, Equipment Review committee, etc. Are you prepared to make a commitment to participate in these activities? Can you provide any examples of similar prog-rams you have been personally involved with. 5. Question: There are times when our paramedics will need your assistance/advice while at calls. Would you be accessible? Do you have a contingency plan to provide coverage when you are not available, and if so, what is that plan? '6. Question: Do you have any experience in working with a Fire Rescue Department? Specifically, experiences dealing with labor unions, Incident Command System, local governmental agencies, or similar paramilitary organizations. 7. Question: In summing up your background and experiences, what specific assets do you feel you bring to the table as our potential medical director? I Nov. 8, 2000 Requester[ C[~ Comm/ssion Meeting -Dates [] November 21, 2000 [] December 5, 2000 [] December 19, 2000 [] January 2. 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit~ Clerk's Office November 9. 2000 (5:00 p.m.) November 22. 2000 (5:00 p.m December 6, 2000 (5:00p.m.) December 20, 2000 /5:00 p.m. Requested CiW Cormmssion Meefin~ Dates [] January 16. 2001 [] February 6, 2001 [] February 20. 2001 [] March 6, 2001 V-CONSENT AGENDA ITEM B-3. Date Final Form Must be Turned in to City Clerk's Office January 3, 2001 (5:00 p.m.) January 17. 200I (5:00 p.m.: February 7, 2001 (5:00p.rm) February 21,2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to award the "PURCHASE OF TWO (2) BULK TRASH AND REFUSE COLLECTION/TRANSPORT VEHICLES", Bid g006-2516-0UKR, to Atlantic Truck Center in the amount of $105,912.00. EXPLANATION: On October 31, 2000, Procurement Services received seven proposals for this bid. It has been recommended by Jeffrey Livergood, Public Works Director and Robert Lee, Fleet Administration, that Atlantic Truck Center of Fort Landerdale, Florida should receive the award even though they are not the lowest bidder. By awarding Atlantic Truck Center. the fleet of trash and refuse trucks will be standardized, allowing for in-house mechanical staff to work on the equipment more efficiently and without extensive training. In addition, warranty work will be done locally rather than in Orlando, the location of the low bidder. The dump body of the trucks is also built locally by Advance Fabricators (see attached Memo g00-185). PROGRAM IMPACT: The purpose of this bid was to purchase two (2) new, current production model, diesel powered trucks for the collection/!ransport of bulk trash and refuse to replace Vehicle #76 and Vehicle #8027. The recommended award is $2,018 higher than the low bid: however, funds are available and this award will achieve a more expedient turn around time for any necessary warranty work and repairs. FISCAL IMPACT: ALTERNATIVES: BUDGET ACCOUNT # VEHICLE REPLACEMENT 501-2516-519.64-31 Deputy Director of FinancialServices BUDGETED AMOUNT $130,000.00 City Manager's Signature EXPENDITURE $105,912.00 Procurement Services Department Name S:~BULLETIN~OILMS~AGENDA ITEM REQUEST FORM.DOC City Attorney Finance / Human Resources To~ Thru: From: Subj: DEPARTMENT OF PUBLIC WORKS Memo #00-185 BilI Atkins, Deputy Finance Director Jeffrey Livergood, Public Works Director Robert H. Lee, Fleet AdminiStration ~ Bid #006-2516-01/KR Date: November 6, 2000 The Public Works Department reviewed the documents for Bid#006-2516-01/KR for the purchase of Two (2) Bulk Trash and Refuse Collection/Transport Vehicles. Listed are the vendors and bid mounts in order from the lowest dollar amount to the highest: .Vendor Heintzelman's Track Center, Inc. Orlando, Florida Bid Amount $103,894.00 Atlantic Truck Center Ft. Lauderdale, Florida 105,912.00 Freightliner Trucks of S. Florida Riveria Beach, Florida 106,872.58 Rechtien International Trucks, Inc. Miami, FL 33166 107,400.00 After careful review of the bids the Department has concluded that the bid should be awarded to Atlantic Truck Center. Funds are available in account #501-2516-519-64-31 in the amount o£$I30,0002 The bid quote for two units is $105,912 a savings of $24,088 for the two units. The quoted price is $2.018.00 higher than the [owest bid. In May 2000 bid #014-2516-00/SP was awarded to Atlantic Truck Center for the purchase of three new trash hauling units. 1'he current bid could not be piggy-backed as Sterling Trucks had a price increase after the bid award. By usIng Atlantic Truck Center this will allow the Department to maintain a "standardized fleet". Due to the vendor being local this helps achieve a faster turn around time for repairs, it also allows the in- house mechanical staff to work on a standardized piece of equipment and allows the operators to move from one unit to another without extensive training. TO! Bill Atldns Page Two Atlantic Truck Center is Iocatedin Ft. Lauderdate and so any warranty work and/or major repairs would be done locally instead of the truck being sent to Orlando (the lowest bid vendor). In addition, the dump body on the track is built locally by Advance Fabricators. Fleet Maintenance has had the opportunity to work with Advance Fabricators over the years and has received quality materials, design, parts and warranty support locally. If you have any questions regarding tkis bid please g~ve me a call. RL/cr attachments BIL~ ATKINS, DEPUTY DIRECTOR OF FINANCIAL SERVICES }OBERT LEg, FLEET ADMINISTRATION ** MOST RESPONSIVE, RESPONSIBLE BIDDER WHO MEETS ALL SPECIFICATIONS PURCHASE OF TWO (2) BULK TRASH AND REFUSE COLLECTION/TRANSPORT VEHICLES "Offe[s from the vendors listed herein are the only offers BID OPENING DATE: OCTOBER 31,2000 received timely as of the above receiving date and time. BID OPENING TIME: 2:30 P.M, A, other offers submitted iq response to this solicitation. BID #: 006-2516-01 tKR ............... , .... I~.I~ ~ Il' any, are hereby rejecte0 as late" VENDORS ~ A'~-fA~iTJC TRUCK CENTER FREIGHTLINER TRUCKS OF SOUTH HEINTZELMAN'S TRUCK 2565 W. STATE ROAD 84 FLORIDA, INC. CENTER, INC. FT. LAUDERDALE, FL 33312 3945 FISCAL COURT 2424 JOHN YOUNG PARKWAY ~,TTN:- GEORGE ELLISON RIVIERA BEACH, FL 33404 ORLANDO, FL 32804 I800) 226-8226 ~,3'TN: WM. DOWDY/CINDY HERBST ~TTN: LEV KR TSKY (561) 840-1066 (407/ 298-1000 EXT. 103 CAB & CHASSIS~ UNIT PRICE ............... .$.3..9., .0.0..0: .0.0. ............................... .$.4.~., .6.9..9: .2.9. ............................. ~ .1..9.4..7~ .0.0. .............. DJ..[MP_BDJ;)3~ EXTENDED PRICE $78,000.00 $81,398.58 $'103,894.00 UNIT PRICE $13,956.00 $12,737.00 INCLUDED ~ EXTENDED PRICE $27,912.00 $25,474.00 INCLUDED UNIT TOTAl $52 956,00 $53 436;29 . $.5.1,947.00 EXTENDED TOTAL $105,912.00 $106,872.58 $1031894.00 CALEN DAR DAYS 90 DAYS 90 DAYS 120 DAYS NUMBER OF BID PROPOSALS SUBMITTED ONE ONE ONE SPECIFICATION "CHECK-OFF" SHEETS SUBMITTED *YES *YES YES WARRANTY INFORMATION SUBMITTED . **YES YES YES CAB & CHASSIS MANUFACTURER 2001 STERLING FREIGHTLINER STERLING PURCHASE OF TWO (2) BUIcK TRASH AND REFUSE COLLECTION/TRANSPORT VEHICLES "Offers from the vendors listed herein are the only offers BID OPENING DATE: OCTOBER 31,2000 received timely a~of the above receiving date and time. BID OPENING TIME: 2:30 P.M. ;All other offers submitted in response to this solicitation. BID #: 006-25~16-01/KR if any, are hereby rejected as late" VENDORS ,I~ ~ATLANTIC TRUCE CENTER FREIGHTLINER TRUCKS OF SOUTH HEINTZELMAN'S TRUCK 2565 W. STATE ROAD 84 -'LORIDA, INC. CENTER, INC. FT. LAUDERDALE, FL 33312 3945 FISCAL COURT 2424 JOHN YOUNG PARKWAY ATTN: GEORGE ELLISON RIVIERA BEACH, FL 33404 ORLANDO, FL 32804 -(800) 226-82-26 ............. ;~N~ W~M~DOWDY/CINDy~HERBST ATTN: LEV KRITSKY (56 !) 840-1066 ~407) 298-1000,EXT, 103 CAB & CHASSIS MODEL M7500 FLT0 33,000 GVW M7500 DUMP BODY MANUFACTURER ADVANCED FABRICATORS RAYSIDE TRUCK&~TRAILER TRANSTAT'EQUIPMENT DUMP BODY MODEL FBMH20 R/~Y-FB820 ......... T~E3OCYTD ~NTI-KICKBACK AFFIDAVIT ' SUBMITTED YES YES YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED YES/NOT YES/NOT yES/NOT CONFIRMATION OF DRUG-FREE · WORKPLACE SUBMITTED YES YES YES COMMENTS ~-NoTATIoNS/OPTIONS ~NOTATIONS ENcLoSuRES **WARRANTY INFO NOTED BUT ENCLOSURES ' NOT ENCLOSED ENCLOSURES '~PROPOSAL RECEIVED 9:51A.M. ~)N ~131/00 AT C TY WAREHOUSE PURCHASE OF TWO (2) BULK TRASH AND REFUSE COLLECTION/TRANSPORT VEHICLES "Offers from the vendors listed herein are the only offers BID OPENING DATE: OCTOBER 31, 2000 receive~ltimel~a~'0ftheab0vere~:eivingdateandtime. BID OPENING TIME: 2:30 P.M, All other offers submitied in response to this solicitation. BI D #: 006-2516-01/KR ir any, are hereby rejected as late" VENDORS RDK TRUCK SALES AND RDK TRUCK SALES AND RDK TRUCK SALES AND SERVICE, INC. SERVICE, INC. SERVICE, INC. 3214 ADAMS DRIVE TAMPA, FL 33605 ATTN: KARRY KELLER (813) 241-0711 ATLTERNATE #1 ~,LTERNATE #2 ~LTERNATE #3 UNIT PRICE N/A N/A EXTENDED PRICE N/A N/A N/A UNIT PRICE .................................... ,N.~ .A. .................................... N/A ..................... N/A _T~)_T~J.J~dD_P~ EXTENDED PRICE N/A N/A N/A UNIT TOTAL $85 900.00 $77 900,00 $79,900.00 EXTENDED TOTAL N/A N/A N/A CALENDAR DAYS IN STOCK IN STOCK IN STOCK NUMBER OF BID PROPOSALS SUBMITTED FOUR SPECIFICATION "CHECK-OFF" ALTERNATE BIDS SHEETS SUBMITTED NO WARRANTY INFORMATION SUBMITTED NO CAB & CHASSIS MANUFACTURER IHC CHEVY FREIGHTLINER PURCHASE OF TWO (2) BULK TRASH AND~REFUS E COLLECTION/TRANSPORT VEHICLES Offers from the v-end,rs listed herein are the only offers BID OPENING DATE: OCTOBER 31. 2000 ~received timely as of the above receiving date and time. BID OPENING TIME: 2:30 P.M. All other offers submitted in reseonse to this solicitation. BID #: 006-2516-01/KR ir any. are hereby rejected as late" VENDORS RDK TRUCK~SALES AND RDK TRUCK SALES AND {DK TRUCK SALES AND SERVICE, INC, SERVICE, INC. SERVICE, INC, 3214 ADAMS DRIVE TAMPA, FL 33605 ATTN: KARRY KELLER EH3) 241-0711 ~,TLTERNATE #1 ALTERNATE #~2 .... ALTEENA~E ~3 CAB & CHASSIS MODEL 4900 C7500 FL80 DUMP BODY MANUFACTURER DUMP BODY MODEL ~NTI-KICKBACK AFFIDAVIT SUBMITTED NO ;ONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NO CONFIRMATION OF DRUG-FREE WORKPLACE SUBMITTED NO COMMENTS #C173/DEMO #C167/DEMo #C067/DEMO *PROPOSALS RECEIVED 9:51 A.M, 10/31/00 AT CITY WAREHOUSE ' PURCHASE OF TWO (2) BULK TRASH AND REFUSE COLLECTION/TRANSPORT VEHICLES fiefs from the vendors sted here~n are the only offers BID OPENING DATE: OCTOBER 31, 2000 received tifflely as of the:above receiving date and time. BID OPENING TIME: 2:30 P.M. All Other offers submitted in response o th s soicitation. B I D #: 006-2516-01/K R if any, are hereby rejected as late" VENDORS RDK TRUCK SALES RECHTIEN INTERNATIONAL AND SERVICE, INC. TRUCKS, INC. 7227 NW 74TH AVENUE MIAMI FL 33166 ATTN: MICHAEL AUDETTE ALTERNATE ~N- (305) 888-0111 UNIT PRICE N/A $40 963.00 EXTENDED PRICE $81,926.00 DUMP BODY: UNIT PRICE N/A ................................................................................. $12 737.00 EXTENDED PRICE $25,474.00 UNIT TOTAL $85,900.00 $53 700~00 EXTENDED TOTAL N/A $107,400.00 CALENDAR DAYS IN STOCK 90-120 DAYS NUMBER OF BID PROPOSALS ONE SUBMITTED SPECIFICATION "CHECK-OFF" *YES SHEETS SUBMITTED WARRANTY INFORMATION SUBMITTED YES PURCHASE OF TWO (2) BULK TRASH AND REFUSE COLLECTION/TRANSPORT VEHICLES "Offers from the vendors listed herein are the omy offers BID OPEN NG DATE: OCTOBER 31, 2000 re~.~ved-timely es oftheabove receiving date and time. All other offers submi[te~l in response to this solicitation. BID CPENING TIME: 2:30 P.M BID #: 006-2516-01/KR if any, are hereby rejected as late" VENDORS RDK TRUCK SALES RECHTIEN INTERNATIONAL AND SERVICE, INC. TRUCKS, INC. 7227 NW 74TH AVENUE MIAMI FL 33166 ATTN: M CHAELAUDE~rTE ALTERNATE CAB & CHASSIS MANUFACTURER FORD INTERNATIONAL CAB & CHASSIS MODEL = F750 4700 DUMP BODY MANUFACTURER : RAYSIDE TRUCK & TRAILER 3UMP BODY MODEL RAY FB 820 ANTI-KICKBACK AFFIDAVIT YES SUBMITTED I CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED YES/NOT CONFIRMATION OF DRUG-FREE WORKPLACE SUBMITTED YES COMMENTS ~C464/DEMO *NOTATIONS/EXCEPT ONS ENCLOSURES '~'I~P~O?,OSAL I~ECEIVED' 9:51 A:M. '10/3~/00~ AT C TY WAREHOUSE~ BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 l~elephone: (561) 742-6322 Mailing Date (City): October 2, 2000 Bid Title: PURCHASE OF TWO (2) BULK TRASH AND REFUSE COLLECTION/TRANSPORT VEHICLES Bid Number: 006-2516-01/KR Project Number: Bid Received By: OCTOBER 31, 2000, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: October 31, 2000, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. Name of Vendor: Federal I.D. Number: ~ ~' A Corporation of the State of: Area Code: ¢O(.~ Mailing Address: City/State/Zip: Vendor Mailing Date: All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Telephone Number: Authorized S~gnamre Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 19 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORID& - To All Bidders: Date: /O ' 7-OO The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for When,submitting more than-one bid proposal'Price'for this °r0(~UclSan~or service indient~ any mdl~dnal and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. ',, ': ' The undersigned proposes to deliver the product/service in accordance with the specifications for the sum of.' TWO {2},BULK TRASH AND REFUSE COLI,ECTION/TRANSPORT VEHICLE.% CAB & CItASSIS: DUMP BODY: TOTAL BID PRICE: - (~IIT PRICE $ e,o UlqIT PRICE ~ TOT~ EXT. PRICE · TOTAL ALL PRICES F.O.B. BOYNTON BEACH It is further agreed that the equipment will be delivered within ~t2) calendar days fi:om the date of the Purchase Order from the City. Number of Bid Proposals submitted 'rillS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 2O PROPOSAL continued ...... Specification "check-off' sheets (Pages 3-9)~ submitted Warranty information submitted CAB & CHASSIS MODEL DUMP BODy MANUFACTURER DUMP BODY MODEL PRINTED NAME ( ~z> ) ~*o~ 2'~-d_ TELEPHONE NU2VIBER TITLE THIS PAGE TO BE SUBMITTED IN ORDERFOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 21 SPECIFICATIONS F, OR TWO (2) BULK TRASH AND REFUSE COLLECTION/TRANSPORT VEHICLES It shall be the intent of these specifications to describe a new, current pr.,oduction model, diesel powered truck. A !0rig ~h'ee~:l~aSe, ~gular~¢ab chassis,.Wi~: a. ;Q~ :o~ i56" to~h~ndle a 30 cubic yard ddmP bb~tY an~i GVW O~f ~3,0~0 lbs. Ky ~iri~i of the m~n~ct~ers~' 13rand names Shall be for descriptive purp0ses .a~.d will be considered as ~inimum requirements under this bid The Ci~ of BoYnto~ B.ea ~h~r~in after referred tq as,~ City", shalllrese~ve the right to be the sole. and finat auth0rity in ~etemairfing what is' E ual or;g~d0r ~vh~ t~ term "Or Equal" is used. ' : ~ ~ The following items, ar~e intended to describe the needed specialized-equipment ,that shall be included in/on 'the ~, Fail0xe to mentiqn any~s~edific items norm~ly suppOSal ~viiia:0rNeeded to complete the unit shall n°i:allex;iate bidder's responsibility to supply a~d~ ~stall such~ i~ems. This vehicle shall be manufacturer's latest basic production model, and shall beequipped with all standard eqmp~ent ~n ~c~9r~ce. wi, th manufacturer s latest literature, ~f not specified m the followmg~descnptxon,, and must carry full:manufacturer s warranty. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), .bidder ~ust ~e?tplain-. using a separate sheet of paper. Bidder must submit specificatton: check,offi sheets (Pages 3,9) w~th the proposal sheet(s) m ori:ler for-a hid to be considered. Vendors are invited to submit existing, demo, or stock units as part of this bid. The City will have exclusive rights to decide which track best suits the needs of the City of Boynton Beach, based on time for deliveD', cost, equipment options or any other criteria the City feels necessary. When an alternative is proposed, the City, after evaluating, may waive exception(s) to the specifications as long as it proves to be in the City's best interest. CAB & CHASSIS: ENGINE: Electronic diesel engine, liquid cooled, with a minimum of 190 HP at 2300/2600 RPM, 485 lbs.-ft, of torque at 1400/1600 RPM, with a governed engine RPM of 2600 Heavy duty cooling system with permanent antifreeze Dry type air cleaner with service (restriction) indicator THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL LN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 3 SPECIFICATIONS continued ...... __~L_ Single, horizontal muffler with short, down-turned tail pipe. frame mounted to the right side Engine protection system, at a minimum, must be activated by low engine oil pressure and overheating __~__ System shall have a visible alarm for low oil pressure, overheating and low coolant level, with automatic engine shut down feature ELECTRICAL SYSTEM: x4¢ Minimum 120 amp, 12 volt alternator 4~ Batteries to have a minimum total of 1875 CCA at 0 degrees Fahrenheit All electrical systems to be protected by circuit breakers TRANSMISSION: i__"~_r__ Automatic (Allison MD-3050CR) close ratio, minimum 5-speed with PTO gear (to accept a unitized "hot shift" PTO with pump mounted directly to the PTO) AXLES & SUSPENSION: 000 Steel front axle "I BEAM TYPE", with shock absorbers, 10,000 lbs. minimum capacity Front wheel oil-lubricated beanngs and seals Rear axle, single speed, minimum 21,000 lbs. capacity ~ Gearratio: 4.11/5.60 PERFORMANCE ITEMS: Factory installed speedometer, odometer, ammeter or voltmeter, fuel gauge, engine oil gauge, coolant temperature gauge, tachometer, air pressure gauge and dash mounted engine hour meter Power ste~ng COMFORT ITEMS: Air conditioning, integral with heater defroster and containing R134 refrigerant (CFC free) THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 4 SPECIFICATIONS continued ...... Factory installed AM/FM radio Arm rests on both doors Sun visors on both sides "('- Tinted glass on all windows, including windshield h- Rain shields over right and left door windows SAFETY ITEMS: V. Four steps, two on each side BRAKES: Heavy-duty, self-canceling turn signal switch, traffic hazard warning switch Dual air horns, country. Dual electric horns, city Daytime running lights Strobe light, mounted under dump body between frame rails on rear .._ Fire extinguisher, 10 lbs. Triangle wanting kit for road hazards/break downs Stainless steel power adjusting 6" x 16" west coast type mm'ors with lower convex mirrors (9") mounted on the left and right sides Automatic/adjustable volume backup alarm · Exterior grab handles on right and left side of cab Clearance lights on front right and lef~ sides ABS air brake system, minimum 13.2 cfra air compressor Air reservoir(s) with manual moisture ejector valve(s) Manual moisture ejector valve(s) to be mounted on bottom of air tanks, if possible, side location preferred Spring applied parking brake with in-cab parking brake control THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 5 SPECIFICATIONS continued ...... k~ Automatic slack adjusters, front and rear Low air pressure warmng indicator Dust shields on front and rear Air dryer system required TIRES & WHEELS: ~ Six (6) 11R22.5, load range G, 14-ply, tubeless tires with highway tread ~r7 One (1) spare steel wheel, color keyed to the vehicle CHASSIS. FRAME: ~'l' Standard front bumper __ Factory installed fuel tank with minimum 50 gallon capacity k.[ Frame mounted tow hooks on front CAB EQUIPMENT: ~ Conventional cab, with tilt4ype hood and fender assembly ~ Driver's seat, hi-back, air operated Right seat, single standard bucket CAB PAINT: ~ Manufacturer's standard white, "IMRON" paint ADDITIONAL ITEMS: 'x~ One (1) full set of Chassis Cab Shop Service and Repair Manuals · All wheels tO be one-piece steel disc, 10-hole. I S O. hub pilot mount, 22.5" diameter Base chassis will have a 230" wheel base, 156" cab to axle Frame rails shall be at a minimum 860,000 in-lb RBM, factory reinforced if necessary THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 6 SPECIFICATIONS continued ...... MISCELLANEOUS: '~ All warranty information on cab and chassis is to be provided-at time ofbid "~ Chassis warranty start up date will take effect on date Of-delivery to City, not the delivery date to dealer DUMPBODY: POWER SOURCE: ~, Transrmssion mounted "hot shift" power take off, coupled directly to the hydraulic pump (no drive shafts) _~ Must be equipped with over-speed protection HYDRAULIC SYSTEM: Hydraulic components shall include a 40 gallon baffled tank with suction and return filters with cut offvalves for service Tank to be equipped with a sight gauge and vent filter Pump will be single, commemial type Pump will automatically disengage when transmission selector is placed in any gear, and will automatically reengage when selector'is placed back in neutral Fluid conductors will be steel tubing and high tensile steel wire braided hose, with a minimum 16,000 PSI burst OPTIONAL HYDRAULIC SYSTEM: __~_._ Contmed system built into the lift cylinder ENGINE~: Engine contwl to be operated at a pre-set manufacturer's RPM, activated with the "hot shift" PTO controls OPERATOR CONTROLS: ,./~ Operator controls to be mounted on the center section of the dash panel, directly and immediately to the right of the operator for easy access Raising and lowering of the dump body will be accomplished by electronic activated / momentary switches, one up and one down THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 7 SPECII~ICATIONS continued ...... HOIST FOR DUMP BODY: Will be single cylinder, scissors-type with a minimum lifting capacity of 20,000 lbs. and raise the body to a minimum of a 45 degree dump angle All lights, reflectors, and mud flaps will comply with Federal DOT and Florida State standards BODY FLOOR: Sh~l be single s~t, cont~uously welded to mb r~ls Sides Will be constructed of L-I/R carbon steel, 3/16" smooth plate, 72" high from the floor, continuously welded to seams at floor '"~Dump body will be painted with "IMRON" type paint match_lng the manufacturer's cab color white DUMP BODY SIDE STAKES: Stakes will be a mimmum 3" structural channel, 10 each side, with rear of the sides reinforced with 4" robing to prevent side flair-out Siding sheets will be a minimum of 3/16" smooth H/R carbon continuously welded to the floor, with inverted channel or formed box cap over side stakes, the full length of the body, continuously welded to the side sheets Headboard will have at least four 3" structural steel channel posts, with 3/16" smooth l-IfR carbon steel plate, continuously welded to the floor with top rail and mb rail of 3" structural channel Headboard will match the 72" height of the side boards CROSS SILLS: Must be a 3" structural channel on 16" centers along the full length of the body floor LOylTUDINALES: Must be fabricated of 8" structural channel, gussetted at every other cross sill, the entire length of the body THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BEE PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 8 SPECIFICATIONS continued ...... REAR DOORS: j Will be fitted at the rear of the body, fabricated of the same type of materials as the body sides and front gate . t"/ Doors will be ca able of swin in com' ~ ' _ P g g ~ ptetety around to the outside of the body sides, //~vith latches to.h01d, doors securely open to the side of the body for load disch~ge Doors will be framed around the entire perimeter with at least one on center uptight brace ~ .: A-kea, vy~uty~,msmve lock, Single lever 0p~rated, sh~l ,b~pr,0¼ded to lock door securely /atthe.~p and;bott..om.:3Vith one~dogr oyer l~mgthe;~t.her:~fo~seeurity ~ . :~ Door hinges will have grease fittings to ease maintenance BODY CAPACITY: / ~,/ Must beat. least 30 cubic yards, according to body configuration MISCELLANEOUS: _~--//Cargo net (load cover), will be of the mesh net tarp type, with standard net rod, anchored at the body side base, spring loaded for mil-out, equipped with an electric motor that can be operated from the operator's control panel on the center of the dash panel EOUIPMENT WARRANTY: Warranty information to be submitted with bid MANUAL/SUPPORT DOCUMENTATION: J Upon delivery of the equipment, vendor shall provide copies of various manuals and support documentation, as listed under "Time of Deliver3," on Page 16 of the General Conditions for Bidders / 6/' One (1) full set of service and repair manuals for the hydraulic system and body parts for the dump body, to include a schematic of the hydraulic system TRAINING: G//Vendor shall provide a minimum of eight (8) hours training to City personnel d This training shall, include both operations and maintenance an the equipment THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 9 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my finn or by an officer of the corporation, By: NAME ~ SIGNATURE Sworn and subscribed before me this ~ O day of ~> c FOZ~--,~ ~'OTARY PUBLIC, State ofFl~fi~ ~) at Large "OFFICIAL NOTARY SEAL" STAMP 20 ~O Printed Information: NAME TITLE COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL I~ ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. R~etum this form with your bid proposal sheet making it an official part of your bidresponse AMERICAN INDIAN. :; ASIAN BLACK HISPANIC WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a Mmonty Owned Business . YES NO t~ If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG g'l'l'lt PROPOSAL 23 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL T_IE BIDS Preference shall be given to businesses with drug-flee workplace programs. Whenever two or more bids which are equal with respect to pnce, quality, and service are received by the City. of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drag- free workplace program shall be g~ven preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. Ir~arder~to have a drag-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for m.'olations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of mamtaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer o£any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 Or Of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ~~ Vendor's Signature THIS PAGE TO BE SUBMITTED ALONG WlTtt PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 SPEC. PRO 1.00 SPECIFICATION PROPOSAL 10=20+2000 BOXrNTON BEACH CITY OF 2 TRASH TRUCES ATLANTIC TRUCK 2565,H.ST.RD. 84 ~-I~BRI3~~T.~ ~ 33312 1-954-587-8220 PREPA~]~n BY: GEORG~"N~ISON ........... SPECIFICATIONS ............ MODEL M7500 MEDIUM CONVENTIONAL ............ SET-BACK AXLE TRUCK PACKAG~ STRAIGHT TRUCK PROVISION ~ S~RVICE pTRUCK CONFIGURATION ......... ICKUP & DELIVERY/SHORTEAUL 4~&~'[[ VAN BODY 100~ o~ ~S~AY/C~ TE~IN .......... SM~ CONCRETE OR~P~T RO~ S~FACE ~I~ 8% EXPE~ G~E ............. ~MICIL~, USA 49 STATES .............. ~P FRT,~LE LO~ ...................... 12000 ~S EXP R~ ~ LO~ ..................... 21000 LBS EXP G~ ~ACI~ ....................... 33000 LBS S~I~ ON-HIG~AY ~ .......... TRUCK BODY LENGTH ...................... 22.0 FT CAB TO BODY CLEAR ...................... 4 IN CUM ISB-205 205 HP @ 2300 RPM; 2500 C4DV RPM 520 LB/FT @ 1600 RPM 98 EPA/CARB You'I! Like The W~¥ We Worko SPECIFICATION PROPOSAL BOYNTON BEACH-CITY OF 10-20-2000 page 2 ........... SPECIFICATIONS ............ OIL CHECK & FILL: ENGINE MOUNTED ...... AIR INTAKE: SIDE OF HOOD AIR INTAKE W/ RAILMOUNTED DONAT~SON AIR CAEA/~ER ALTERIqATOR: 130 AMP DELCO 22-SI ....... BATTERIES: (2) 12V GNB MF 1850CCA ..... BATTERY BOX: FRILME MOI/N'r~D ............ CLUTCH: NONE .......................... COMPRESSOR: WABCO/CID4MINS 15.2 CFM .... DISCHARGE LINE: TEFLON ................ ENGINE PROTECTION: ELEC%~ONIC ENgINE- INTEGRAL WARNING SYSTEM & DERATE FJ~HAUST: SINGLE RH~'I~ HORIZMUFFLER & HORIZ TAILPIPE FAN DRIVE: BATON VISCOUS .............. FUEL FILTER: CUM SPIN ON .............. FULL FLOW OIL FILTER .................. RADIATOR: 720 SQ IN ALUMINUM .......... H~AVYDUTY cooLANT.:i ETHYLENE GLYCOL PRE CHARGED SCAT0 -30F COOLANT HOSE: GATES BLUE STRIPE HOSES CONSTANT TORQUE~CLAMPS: CONSTANT TORQUE FOR COOLANT HOSE 1-3" DIAMETER FLYWHEEL HOUSING: ALUMINUM ............ AIR INTAKE WARMER ..................... STARTER: DELCO ~2V 28 MT .............. TRANSMISSION &EQUIPMENT TRANSMISSION: ALLISON MD3060P 6SPD 5-SPD GEN 1/UTILITY/P&D/TRUCK.ECONOMY SHIFT ON MODE MAGNETIC ENGt-4q~DRAIN, & R AXLE FILL & DRAIN PLUGS SHIFT LEUER: DASH MOI/NTED PUSH BD'i~i'ON . TR3~NSMISSION OIL COOLER: WATER TO OIL FRONT /~XT,R & SUSPENSION FRONTAXLE: MERITOR MFS12143A @ 12000~ You ' II ~_li~e The Way We SP~C~ICA~TON ~OY~TTON ~c~- ~ITY- OF 10-20-2000 page 3 ........... SPECIFICATIONS ............ FRONT BRAKES: FRONT FRONT BRAKE DRUMS: IRON P. EA~ ~XT.R & SUSPENSION PEAR AXLE: MER]~i~)R RS-21.-145 21000# 5.29 REAR Ai~LE RATIO .... ~ ~LE ~R HOUSI~: IRON ~N DRI~LI~:~_ D~.SPICER 1110~'~ R0~ YO~ ~ B~S: MERI~R ~ 16.5X~ Q+ .... ~ B~ L~INGS: ~N-~BEST0S ...... ~ ~E DR~S: 0uT~O~ ~ ~T IRON ~ B~ DUST SHIE~S ~LE OIL S~LS: CHI~ ~WHIDE iNG B~ C~ERS: MID~ T~P~' PR~F~ (1) ~E SPRI~ ~ A~O S~ ~S~RS: ~ITOR .... R~ SUSP~ 23000~ F~T~L~ SPRING WI~ ~IUS L~F R~ SUSP: RIDE HEIG~: .NO SPACERS ..... ~ SUSP cOboL RODS:: FORE/AFT ~IUS L~F You ' II Ll]~e The Way We Work. SPECIFICATION PROPOS~uL BOYIFI~ON BEACH CITY OF 10-20-2000 page 4 ........... SPECIFICATIONS ............ BRAK~SYST~ BRAKE PACKAGE: AIR .................... ANTI-LOCK BRAKING SYSTEM: WABCO FOUR .. CHANNEL WITH (4 SENSOR/4 MODUL~TOR) CHASSIS AIR LINES: NYLON. ............. AIR DRYER: BENDIXAD-9 WITH HEATER .... AIR RESERVOIRS: STEEL ................. AIR TANK DRAIN VALVES: BENDIX DV2 DRAIN VAL~ WET TA/qK 228"/5800MM WHEELBASE_~%---_ ......... 11/ 2- x .... (8.73MM X 91MM x 277o8MM) STEEL FP. AME 0VER/-IANG: 96" ................... END FRAME: SQUARE ..................... REARMOST CROSSMEMBER .................. REAR SUSP CROSSMEMBER: STANDARD ....... CHASSIS EQUIPMENT BUMPER: 12'" PAINTED THREE PIECE STEEL WITH COLLAPSIBLE BOXED ENDS FRONT TOW HOOKS: (2) FRONT FRAME MTD .. LICENSE PLATE MOUNTING: SINGLE LICENSE PLATE BRACKET BELOW BUMPER CHASSIS FASTENERS: GRADE 8 HEX HEAD ... FU~L TANKS & EQUIPME~Fr RH FUEL TANK: 75 GALLON/283 LITER ..... LH Fuw. L TANK: NONE .................... FUEL TANK: RECTANGULAR ................ FUEL TANK & BAND FINISH: PLAIN ALUMINUM TANK W/PAINTED BANDS FUEL TANK LOCATION: FORWARD ........... FUEL TANK CAP: ........................ FUEL SYSTEM: F/L EQUIFLO INBOARD ...... You ' [! Like The Way We Work BOYNTON BEACH CITY OF 10-20-2000 page 5 ........... SPECIFICATIONS ............ FROlff TIRES MICHELIN XZE ..... 22:5 16 PLY FRONT HUBS: GUNITE 22.5 X 8.25 FRT $C WHLS PART ~ER 28408 FRONT WHEEL NUTS: METFORM 39702 33MM .. 1.30" H-P REAR DR/VE TIRES, RU~S, & WN~%'LS MICHELIN XZE ............ llR 2225 16 PLY P_EAR HUBS: GI/~;ITE IRON 2.5 × 8.2 STL PART NUMBER 28408PW REAR WHEEL NUTS: METFORM 39702 3314}4/ .. 1.30" H-P SPA~E TIRE AND RIM ONE SPARE WHEEL ........................ CAB: 106" BBC CON-v'ENTIONALSTEEL ...... CAB MOUNTS: RUBBER GRILLE: PAINTED PLASTIC ............... HOOD: FIBERGLASS ............ ELECTRIC HORN: DUAL ................... KEY & LOCKSET: ALL LOCKS KEYED THE SAME HEADLIGI-ITS: SINGLE RECTANGULAR HALOGEN F~%RKER LIGHTS: in~ERODYAYAMIC, SM2%/~L ..... DAYTIME RUNNING LIGRTS AT ENDOF FP3~4E '£u~LN SIGNAL: FRONT LAMPS WEST COAST I~DOR MOUNTING OF MIRRORS .............. You ' 1[ Like The Way We Work. SPECIFICATION ~ PROPOSAL BOY}~fON BEA(/~ CITY OF 10-20-2000 page 6 ........... SPECIFICATIONS ............ EQUIPMENT WIDTH: 96" FOR MIRRORS ...... AUXILIARY MIRRORS: LH/RH 5.5" BRIGHT .. FINISH CONVEX ~'i~ UNDER PRIMARY MIRRORS SIDE/REAR REFLECTORS: ................. REAR WINDOW: (2) I5" X 26" TIN'£~o ..... DOOR WINDOWS: TINTED W/OPERATING DOOR WING WINDOW DOOR WINDOW REGULATORS: MANUAL ........ WINDSHIELD: TINTED .................... CAB IN'£~IOR INTERIOR: CUSTOM SAHARA ............... LHUPPER DOOR TRIM: MOLDED DOOR PANEL W/UPPER & LOWER VINYL INSERTS P. H UPPERDOORTRIM: MOLDED DOOR PANEL W/UPPER & LOWER VINYL INSERTS FLOOR MATS: MEDIUM DARK GRAPHITE VINYL MATS W/SINGLE INSULATION DASH MOUNTED ASHTRAYS & LIG~T~ STORAGE POCKETS:. MAPPOCKET BOTH D00RS HEATER ANDDEFROSTER: W/AIR CONDITIONER WiTH RECIR~TION SWITCH MAIN HEATER/VENT/AC CONTROL: MAIN HVAC W/0 RECIRCULATION SWITCH HEATER PLUMBING: STANDARD ............. A/C COMPRESSOR: SANDEN CO~ACT A/C CONDENSOR:RADIATORMOUNT~D ....... A/C PLL~4BING: BINARYCONT~0L R-134A ... REFRIGERANT INSULATION: CAB ....................... ELECTKtCAL: CIRCUIT FUSES ............. WIRING SC}{EMATIC CARD: NONE 12V NEG ... GROUlqD SYS'r~M INTERIOR LIGHTS: CENTER MOUNTED DOME & DoOR;COURTESY LIGHTS IN KICK PANELS C~.:D00R LATCHES: W/MANUAL DOOR LOCKS . DRIER ,S~AT: NATIONAL CUSH-N-AIRE II .. ~iLBkCKAIR SUSP W/ACTIVE AIR LUMBAR SP PASS SEAT: NATIONAL MID BACK NON-SUSP SP~2~IC~_TION ]~ROPOSAL BOYNTON" BEACH~.~ITX 'OF 10-20-2000 page 7 ........... SPECIFICATIONS ............ DRIVER SEAT COVER: VINYL W/KNIT VINYL INSERT PASS SEAT COVER: ~INYL. W/EI~IT VINYL:... INSERT SEAT BELTS: D-RING STEERING COLUMN: FIXED ................ STRRRINGWHEEL: 18" IN~B. ERIOR SLrN VISORS: GAUGE PACKAGE: #7 W/DRIVER DISPLAY FOR AIR PACKAGE CENTER PANEL: GRAY W/FLAT. GAUGE INSERT AIR SYSTEM PRESSURE GAUGE: DUAL NEEDLE PRIMARY & SECONDARY AIR RESTRICTION INDICATOR: INTAKE ~'l'u . CRUISE CON'rI<0L: SWITCHES IN STEERING .. WHEEL SPOKES STARTER CONTROL: ON/RUN/START/ACC ..... DRIVER INFO OR~'l'm*(: ODO/TRIP/HOUR/DIAG/ VOLTAGE DISPLAY lX7 CHAR, 26 .WRNG LTS DIAGNOSTIC INTERFACE CONNECTOR: 6 PIN, SAE J1587/1708, LOCATED BELOW DASH ~'U~L LEVEL GAUGE: ELEC'r~IC ............ COOLANT TEMPERATURE GAUGE.: 'ELECTRICAL 7A~NSMISSION 'i~m~PEEATIIRE ~ GAUGE:- ... ~ . . . HOUR Mi~'I'~R: INTEGRA.L' W/DRIVeR DISPLAY . ENGINE OIL PRESSURE GAUGE: ............ RADIO: STERLING i~/FM STEREO SPEEDOM~I'~I{: ELECTRONIC MPH W/SECONDARY KPH SCALE, W/0 ODOMETERTM TACHOMETER: ELECTRONIC 3000 RPM DRITM D~APLAY WINDSHIELD WIPER CONTRC~L: ELECTRIC WIT~ DELAY MARKER ,LAMP SWITCh,: 3-P0SI?ION ROTARY HEADLIGHT SW W/SEPARATE :~R LIGBT You ' II Uke The Way We Work. SPECIFICATION PROPOSAL ~OYI~rfON BEACH CI~ OF 10-20-2000 page 8 ........... SPECIFICATIONS ............ PARKING BRAKE SYSTEM: 1-VALVE SYSTEM W/ INDICATOR LIGA*T TURN SlGNAL SWITCH: UNITED TECH SELF- CANCELLING '£UaSNSIGNAL FLASHER: BI) MECHANICAL PAINT ONE COLOR DESIGN CAB COLOR A: IMRON N0006 WEITE ........ CHASSIS COLOR: BLACK: HIGH SOLIDS .... POLYURETHANE FRONTWHEEL COLOR: PRIMER WHITE PRONT WHEEL PAINT REARWHEEL COLOR: PRIMER WHITE REAR WHEEL PAINT ADDITIONAL SP]ICIf'ICATIONS RAINSHIEI~S ............................ DF~ SPECIAL ADD-ON OPTIONS ONE SET PARTS AND SERVICE MA~u~.S ...... ONE NEW 20 FT. TRASH DUMP PER SPECS. .. EXCEPTION ~i STEEL FLOOR TWO PIECE EXCEPTION %2 PTO/PUMP WILL NOT AUTO ... ENGAGE OR DIS-ENGAGE WHEN TRANSMISSION CHANGRS GEAR. You ' II I--ik~ The Way We Work. Fdda~,~ Ou-~be' 1~. 200C $:44 5141 8ummi! Bo~leverci RO! BOx lS~r; West PeJm Baa~. FL 3~41~-$375 Phone: (581) 58a.~is5 (800~ 4~-9110 CI~ OF ~O~ON ~AC~ P. O. BOX 310 BOSTON BEACH, FL 33425-0310 Quotation Quote Number:. Oct 13, 2000 i RE: TWO BULK TRASH AND REFUSE COLLECTION/TRANSPORT VEHICLES Shipping Date 30 DAYS A.R.C. G°OdThrU 'i Payment Terms, . ~emaRep !~0¥ 12, 200~ N*~. ZO Days ., KYL'~. RATHBU~ Quant~ ~ Oeea~ptten ~ ARE EL~ASED TO QUOTE TXE FOLLOWING: 1.00 ~DVANCED FABRICATORS TRASH DUM~. MODEL - F~E=.IO. LE!{GTH - 20'. ~IDTH - 8' 1.0~ COVER - FULL-AUTOMATIC WITH ELECTRIC MOTOR AND NEGE TARP. 1.00~ULKEEAD - 72" ~IG~ OF 3/16" PLATE STEEL. , ,. 2C.00~I~ES - ~E~J4ANENT~ ~2" HI~H CF~ 3/16" PLATEBT~L Wi~ BOX TUBE 1.00~ARN =OORS - 72" HIGH OF 3/16" STEEL PLATE WITH NECESSARY MARDW[~RE. 20.00 FLOOR - 3/16" P~ATE INCLUDING F~RMED RuBRAILS, *,* ~EE 141. 1.06 CROSGMEMBER$ ' 3" STRUCTUF~%L CHANNEL ON 16" CENTERS. 1.00 ~ONGSEAMS - 8" GTRUCTU?~%L C.~NNEL WITH GUSSETS2'~ 1.00!FULL WIDTH REAR BOLSTER PLATE. 1.00~LEAR, PRi~ AND PAINT WHITE UR~T~ANE TO MATCg CA~. 1.00 ~U~,PER - UNDER RIDE ~aOTECTION. 1.00~AR MOUNTEDSTROBE LIGHT ON B-URP. 1.00~CESGED~' LIGHTS,AND REFLECTORS. 1.00 ~ACK-UP ~ WiTH AUTOMATIC ADJUSTABLE VOLUME. 1.00 10 LB. FIR~ EXTINGUISHER WITH-B.~CKET INSTA~m2 IN ,C~B. 1.00 TRIANGULAR SAFETY REFLECTOR EXT, 1.00 ~YDRAU~IC SHIFTPCWER TAKE OFF FOR ALLISON MD3000 BERi~$ AUTOMATIC 1.00~LECTRONIC OVERSPEND CONTROL FOR 1.00~L~CTRI¢ CONTROLS.FOR VENCO UNDERBODY HOIST. REPLACES STANDARD ~2%BLE CONTROLS. 1.00 ~OIST - SINGLE CYLINDER UNDERBODY WITH 14 TON WATER LEVEL DUMP ~APACITY, PTO WITH DIRECT MO~q{T: HYDRAULIC PUMP AND SAFETY BODY ROB, 2.00 =N~LINE HYDP~ULIC FILTERS {1 SUCTION ~IqD I ~TURN) WITH CUT OFF Subtotal Continued $1~le~ Tex. Cor.~inued Totalt continuedi Quotation Qtm~ Numl~r: $546 Ouot~ TWO BULK TRASH AND REFUSE EXCEPTION ~1= FLOOR IS NOT A SINGLE SHEET WELDED TO ~AILS. BIDE PAILS TO BE FC~MED FROM FLOOR SHmE~ TWO WELDED ~EAM$ LENG~H~!SE & I CROSSWISE). ~ ' ..... EXCEPTION ~2: PTO/~U~ WILI NOT AUTOMATICAlLy ENGAGE ~KANSMiSSION !S MOVED ~OM GE~ TO ~!FTIN~ INTO ~. .** NEUT~L OR D!~EE~GE WHEN Requested City Comarassion Meeting Dates [] November 21. 2000 [] December 5, 2000 [] December 19. 2000 [] January 2, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turaed in to City Clerk's Office November 9, 2000 (5:00 p.m. ~ November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00p.m.~ Rqquested City Comm/ssion Meeting Dates [] January I6. 2001 [] February 6, 2001 [] vcn~ary 20. 2001 December20.2000 (5:00p.m.) [] March6.2001 V-CONSENT AGENDA ITEM B-4. U, Date Final Form Must be Tamed _in to City Cl~rk's Office January 3, 2001 5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.ra-) February 2I, 2001 (5:00 p.m. NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agcmda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmislied Business [] Announcement [] Presentation RECOMMENDATION: A motion to award the RFP for "ENTERTAINMENT COORDINATOR FOR THE 2001 "GREAT AMERICANLOVE AFFAHL"RFI~005-2710-01/CJD to: BIG BEAT PRODUCTION, INC. of Coral Springs. Florida for an expenditure of $15,000.00. EXPLANATION: On October 26, 2000, Procurement Services opened two (2} REP's for the "ENTERTAINMENT COORDINATOR FOR THE 2001 GREAT AMERICAN LOVE AFFAIR." After review of the ~wo (2) proposals, it has been determined that Big Beat Production, Inc. is the most responsive, responsible proposer who meets aH specifications. Warty Majors, Recreation Director concurs with tiffs recommendation (see attached memo #00-173.) PROGRAM IMPACT: The purpose of tiffs RFP is to obtain a qualified consultant to provide services to coordinate and provide a variety of musical entertainment for public recreation and enjoyment during the "Great American Love Affair Festival, (G.A.L.A.) held on March 16, 17, and 18, 2001. FISCAL IMPACT: Funds are available in the following account: DESCRIPTION: ACCOUNT#: Boynton Beach GALA 691-5000-590-04.92 ALTERNATIVES: ' Deputy Director o f Financial Services BUDGETED AMOUNT: $15,000.00 Balance in Account: $11.255.64 Procurement Services Department Name City Manager's Signature City Attorney / Finance / Human Resources C: VICKI ROGERSON - RECREATION/SPECIAL EVENTS S:kBULLETIN~ORMSL~GENDA ITEM ILEQUEST FORM.DOC RESOLUTION NO. R 00- A RESOLUTION Of THE CITY COMMISSION Of THE CITY OF BOYNTON BEACH, FLORIDA, APPROV, ING INC. AS IE 2001 GREAT ~IG THE MAYOR SAID WHEREAS, on October' 26, 2000, Procurement Services received and opened two (2) Request for Proposals for the above mentioned project, and it was determined that Big Beat Production, ~[nc, of Coral Springs, Florida, met and exceeded all specifications; NOWf THEREFOREf BE TI' RESOLVED BY THE CZ'TY COMr4ZSSZON OF THE CZTY OF BOYNTON BEACH, FLORZDA, THAT: Section 1.. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a Request for Proposal for entertainment coordinator for the 2001 Great. American Love Affair to Big Beat Production, Inc., and authorizes and directs the Mayor and City Clerk to execute a Contract between the parties, a copy of which is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THTS __ City Clerk (Corporate Seal) day of December, 2000, C1TY OF BOYNTON BEACH, FLOR/DA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner APPENDIX "B" CONSULTANT AGREEMENT FORM ENTERTAINMENT COORDINATOR FOR 2001 GREAT AMERICAN LOVE AFFAIR THIS AGREEMENT is entered into between the City of Boynton Beach. hereinafter referred to as "the City", and BIG BEAT-PRODUCTION, INC. hereinafter referred to as "the Consultant".'in consideration of the mutual:benefits, terms, and conditions' hereinafter specified. 1_. PROJECT DESIGNATION. The Consultant is retained by the City to perform Consultant services 2. SCOPE OF SERVICES. Consultant a~e. es to perform the services, identified on Exhibit "A" attached hereto, includihg the P~0vislbn Of all-labbr, materials, equipment and supplies. TIME FOR PERFOP&4ANCE. Work under this contract shall commence upon the giving of written notice by the City tO;the Cbnsuitant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement by March 15, 2001 fi.om the date written notice is ~ven tO proceed, unless an extensron of such time is granted in writing by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for se~ices rendered under this agreement as follows: Payment for the work provided by Consultant shall be made as provided on Exhibi~ "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $15,000.00 without express written modification of the agreement signed by the City. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereofi payment will be made to the Consultant ~n the amount approved. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final pa)ments. Copies shall be made available upon request. 'I APPENDIX "B" OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for winch they are made is executed or not. The Consultant shall be permitted to retain cop~es, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with ali federal, sram and-local laws, ordinances and regulatiom that are j~pplicabl~e to the seruices to be rendered under this agreement. INDEMNIFICATION. Consultant shall inderunify, defend and hold harmless the City. its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. INSURANCE. The Consultant shall secure and maintain in fome throughout the ~duration of this contract comprehensive general liability insurance with a~ minimum coverage of $500,000 per occun'ence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/aggregate for property ~ge, and professional liability insurance in the mount of $1,000,000o Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision proMbiting cancellation of isaid policy except upon thirty (3i3)days prior written notice~ tO ~e City. Certificates of' corverage as required by ~his section shall be delivered to the City wittfin fifteen (.15) days of execution of this agreement. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to ~he services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant. shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or othercAse deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer, with respect tc Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than, a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the, right to annul this contract without liability or, xn its APPENDIX "B' discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee. commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRIM15NATION PROHIBITED. Th.e Consultant, with regard to the' Work performed by it under this' agreemerit, Will n°¢discriminate on ihe' grounds o/;;rac~, ¢61o~, 'nafio~ial ~0dgin, religion, creed, age, sex or the presence of any physical or senso~ ~andic~l~ in th~ selection and retention of employees or procurement of materials or supplies 12. ASSIGNMENT. The Consultant,shall not sublet oLassig~ any 6f the services covered by this agreeme~,~thoui the~xpres~writ~errciSn~hf~f~'~i6)~,~: ~:- ' ~ 13. NON-WAIVER. Waiver by the~ City ,of any proviston of this agreement or any time limitatiB~p~6vided for in this agre~nae~/(ghalI:not 'const~tute:a Waiver of any Other provision. 14. TERMINATION. a. The City reserves the right to:termlnhte this agreement at anytime by giving ten (10) days written notice to phc.Consultant. In the event of ~e ide~ath of a member, partner or officer of the Consultant, or any of its SuperViS;°W per:s~ ~:e? ~jgned to the ~i'oject, the surViving members of the Co~asultant hereby ~/g~ee tO c~m~lete the work Udder ~e terms Of this agreement, if requesied ~o do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPU, TE~S. Any dtspu, ~te, ,~ari~in, g out of'the terms or conditions of this agreement shall be adjudi~at&~ withifi't~ ~ ~o~' Ftbri'dal Furtherl this agreeinent shall be construed under Florida Law. ' ' 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beamh, FL 33425-0310 Attn: Notices to Consultant shall be sent to the following address: APPENDIX "B" 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda. represents the entire and integrated agreemem between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this day of 200.__ CITY OF BOYNTON BEACH Mayor Consultant AttesffAuthenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 ~'~"~T RESPONSIBLE, RESPONSIVE PROPOS~ B~i At'ins, Deputy Di~cto~ of Financial Services W~~, Recreation Director NAME OF R~ ENTERTAINMENT COORDINATOR FOR 200~ "GREAT AMERICAN ~E AFFAIR" Off rs from the vendom hsted herei~ are lhe only offers RFP OPENING DATE: OCTOBER 26, 2000 received timely as of the above receiving date and time. RFP OPENING TIME: 2:30 P.M. All other otters submitted in respor~ce to this solicitation. RFP #: 005-2710-01/CJD If any, are hereby rejected as late" VENDORS ' ~'ig Seat I~mdL[(~tiori;Inc" J F~ntasma Productions Inc. 1515 Universi!y Drive, Suite 108A 2000 South Dixie Highway Coral Springs, FL 33071 West Palm Beach, F 33401 Attn: Gary Ladka Attn: Ethan Levinson (954)755-7759 (561)832-6397 TOTAL COST $15,000.00 Incomplete Proposal RECEIPT OF ADD #1 Yes Yes STATEMENT OF PROPOSERS DUALIFICATIONS SUBMITTED Yes ANTI-KICKBACK AFFIDAVIT SUBMITTED Yes ~qONCOLLUSION AFFIDAVIT OF PRIME PROPOSER Yes CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED Yes/Not CONFIRMATION OF DRUG FREE WORKPLACE SUBMITTED Yes COMMENTS See notations TO: VIA: FROM: DATE: LEISURE SERVICES DEPARTMENT MEMORANDUM NO. 00-173 Carol Doppler, Procurement Services Wally Majors, Recreation Director f~/~/~ Melissa Vlaun, G.A.L.A. Chairperson,S,)/ Vicki L. Rogerson, G.A.L.A. Entertainment Chairperson November 14, 2000 RECEIVED NOV 1 SUBJECT: Entertainment Coordinator for the 2001 "Great American Love Affair" RFP# 005-2710-01/CJD After reviewing the tabulation sheet for RFP #005-2710-01/CJD for entertaanment coordinator for the 2001 Great American Love Affair the committee has decided to accept Big Beat Production, Inc. as the entertainment coordinator for the 2001 G.A.L.A. $15,000 has been budget for the 2001 G.A.L.A. entertainment expense. It can be found in account # 691-5000-590-04.92. The entertmnment coordinator will be paid with two separate checks. One to be cut upon acceptance of the proposal for 50% of the amount agreed upon. The balance check of 50% will be cut prior to the festival and given to the coordinator upon full completion of the agreement. Requested City Commission Meetin~ Dates [] November 21. 2000 [] December 5, 2000 [] December 19, 2000 [] January 2. 200I CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Novembec 9, 2000 ~5:00 p.m November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00p.m.) December 20, 2000 (5:00 p.ra~l Requested City Commission Meeting Dates [] Janus. 16. 2001 [] February 6, 2001 [] February 20, 2001 [] March 6. 2001 V-CONSENT AGENDA ITEM B-5. Date Final Form Must be Turned in to City Clerk's Office January 3, 2001 (5:00 p.rm) January; 17, 200l (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: MOTION to approve the PURCHASE OF NEW/REPLACEMENT LAW ENFORCEMENT PURSUIT VEIIlCLES in' the amount of $458.372.00 from DUVAL FORD utilizing STATE OF FLORIDA CONTRACT g070-001-99-1. EXPLANATION: Procuremen~ Services Division has reviewed the PUBLIC WORKS/FLEET MAINTENANCE request to purchase two (2) new and sixteen (16) replacement LAW E/~FORCEMENT PURSUI~ VEHICLES utilizing STATE OF FLORIDA CONTRACT #070-001-99-1 (contract period I0/01/98 thr6ugh 09/19/01) for AUTOMOBILES AND LIGHT TRUCKS. Total requested purchase will be $458,372,00. Procurement Services Division recommends Commission's revtew, evaluation and approval PROGRAM IMPACT: These purchases will allow the City to properly replace vehicles in a timely manner. FISCAL IMPACT: Funds are allocated in the FY2000/2001 budget for two (2) new and f~urteen (14) replacement vehicles. The additional two (2) replacement vehicles are replacing police vehicles involved in accxdants and will be funded through insurance settlements with the balance coraing from the vehicle reserve account. Account Description Vehicle/New Vehicle/Replacement Account Number 501-2516-519-64-30 501-2516-519-64-31 Bucl~et Allocation $ 51,000.00 364,000.00 _aLTERNATIVES: Any delay in the purchase of the vehicles could impact City operations and increase vehicle Deputy Director of Financial Services City Manager's Signature Department Name cc: Jeffrey Livergood-Public Works Bob Lee- Fleet Maintenance Hoyt Johnson - Finance S :XB ULLETIN~FO RM S~tOENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources TO: VIA: FROM: DATE~ SUBJECT: PUBLIC WORKS DEPARTMENT MEMORANDUM #00-191 Bill Atkins, Deputy Finance Director BURCHASrNG Jeffrey Livergood Public Works Directqr~/,~ Robert H. Lee, Fleet Administrator November 13, 2000 Vehicle Purchases RECEIVED N~V 1 ~ 2000 J~J~CHAS~'NG D[~PI. Summarized below are the departmental requests for the Police Department. I've outlined funding, replacement vehicle numbers, and notations on any purchases exceeding budgeted amoums: all the vehicles are te be purchased from the State Contract #070-001-99-1 / Commodity #070-100-404 from DUVAL FORD. New Vehicles (Account #501-2516-519-64-30} 2 - Patrol Units 2001 Local Law Enforcement Pursuit Vehicle, Large 4-Door Sedan. RWD w/options Budgeted: $51,000 Actual Cost: $49,938 ($1,062 under budget) Replacement Vehicles (#501-2516-519-64-31) 3 - Administrative Units 2001 Local Law Enforcement Pursuit Vehicle, Large 4-Door Sedan, RWD w/options Budgeted: $78.000 Actual Cost: $73,101 ($4,899 under budget) 1 - Patrol Unit w/options 2001 Local Law Enforcement Pursuit Vehicle, Large 4-Door Sedan, RWD w/options Budgeted: $26,000 Actual Cost: $24,969 ($1,031 under budge0 10 - Patrol 'Units w/special options 2001 Local Law Enforcement Pursuit Vehicle, Large 4-Door Sedan, RWD w/options Budgeted: $260,000 Actual Cost: $259,360 ($640 under budget) 2 - Patrol Ufiits w/special options 2001 Local Law Enforcement Pursuit Vehicle, Large 4-Door Sedan, RWD w/options Budgeted: .NONE; Vehicles were involved in accidents. ActUal CoSt: g5 f,004 :($51,004 over budget/pending insurance settlement) Bill Atkins November 13, 2000 Page 2 Listed below is the total mount to be purchased, showing the total budgeted amount and the differences. New Vehicle Total Replacement Vehicle Total Budgeted Amount Actual Cosl Difference $ 51,D00 $ 49,938 $ 1.062 $364,000 . $408.434 $(-)44,434 $415,000 $458,372 $(-)43,372 Please contact me if you need any additional information as I would like to try ~o make the agenda for the December 5th Commission Meeting. PL/RHL/pl 070-001-99-1 = Automobiles & Light Trucks ' - Page 1 of 1 Automobiles and Light Trucks 070-001-99-1 Effective: 10/31/98 through 9/19/01 Ce~fieation Special Condi tions Factory/?roducfion Cutoffs, Read Before Ordering Bill Heard Chevrolet Butler Chrysler Caruso Chrysler Plymouth Jeep Champion Chevrolet Don Reid Ford Duval Ford Duval Honda Garber Chevrolet Hill-Kelly Dodge Jack Caruso's Regency Dodge Kaiser Pontiac-Buick-GMC Maroone Chevrolet Maroone Dodge Orville Beckford Ford Proctor & Proctor www.butlerchrysler, com www,champion-chevy.com www.donreidford.com www.duvalhonda, com www.HillKellyDodge.com www.maroonefleet.com Ii htlp://sun6.dms.state.fl.us/st_contracts/070001991 11/20/2000 [Contract Numberi -~ Vendor Information Page 1 of 3 Automobiles and Light Trucks 070-001-99-1 PHce Sheets GASOLINE AND DIESEL FUELED VEHICLES 070-100-050 Pursuit Vehicle, Compact, 2 Door, Hatchback (RWD) 070-100-205 Investigative'Vehicle, Mid-Size, 2Door 070-100-375 Pursuit Vehicle, Large, 4 Door, (FWD) 070-100-380 Local Law Enforcement P~rsuit Vehicle, Large, 4 Door (FWD) 070-100~400 pUrSuit V~hicle, Large, 4 Door, (RWD) 070-100-404 Local-Eaw Enforcement Pursuit Vehicle, Large, 4 Door (RWD) 070-200-080 Sub-Compact. Ve~cle, 4 Dr Sedan 070-250-080 Sub-COmpact:Vehicle, 41Dr S[ation Wagon 070-200-140 Comp~6t.Vehicle, 4 Door Sedan 070-200-300 Large Mid-Size Vehicle, 4 Dr~or Sedan 070-200,310 Large_Mid-Size Vehicle, ~4 Door~Sed~an 070z250,3 t 0 Large Mid;Si~e vehicle, 14 Dr Station Wagon 070-200-~25-~00 ,Lar~e-slze vehici~ 0 0-300<408 070,34444223/4 Short Wheelbase 4x2 4x2 4x4 4x? 4x? 4x? 4x4 4x? 4x4 4x2 Cab, 4x2 4x2 Cab, 4x? http://sun6.dms.state.fl.us si_contracts/070001991/price.btm 11/20/2000 070-100-404 LOCAL LAW ENFORCEMENT PURSUIT VEHICLE, LARGE, 4-DOOR SED~MN (R.WD) Page 1 of 9 070-100-404 LOCAL LAW ENFORCEMENT PURSUIT VEHICLE, LARGE, 4-DOOR SEDAN (RWD) (2A-LOCAL) (ADDED 20 OCT 00) NOTE: This detailed specification is not complete unless it is used in conjunction with Specification Number SPAT-l, Special Requirements All AUfomobileg and Light Tracks. INTENDED USE THIS IS STRICTLY A pUt, SUIT VEHIq~ ~OR LOCAL L4W ENFORCEMENT AGENCIES AND SHOULD BE,USED (SNLY BY L~ORC~EN~ POSITIONS FOR THISPURPOSE. 10. ENGINE: Gas01ine engine, VS~ ~mm:~,6L; ~tandard al~atgr a3~d battery;stahdard coohng system. .. · 20. TRANSMISSION: Mimmm 4 speed. ~g[gn3aBc.:.~ oyer~qe~; ~r~smassmn-ofl cooler. 30. AXLES: Standard axle ratio for specifie4c~n~/transmiss~0n~i~inatipn· 40. 50. 60. 70. 80. 90. PERFORMANCE ITEMS: Fa~t0ryga~g~ fuel); power steering; power ste&ingfl~d trunk light; heavy-duty suspension; eertifi, COMFORT ITEMS: Air conditioning;~a. upholstery; AM-FM radio: tilt steering ~ defogger. ' :~ ~ (volt; o,i!p~eS~ure~ate~ mmper,,amre and moier~ aoiri¢i~g~ ~uxi~ ni~/p':light and d sPeedomet~r~ ~ SPECIFICatION PV-1. .,lass tmted~ib~aeke:~ s~ats~with cl, c~th :1; remote deekhd~rO~e~ase; rear vn:ndow SAFETY ITEMS: 4-wheel anti-lock brak4ng system; ~E ~.AT!ON ~-1 for brake test; dual outside mirrors, remote control; po~v¢~iido~i~f ~b~!O~S~ air bags, driver and passenger. TIRES a WHEELS: F,ve (5) P225/60VR16 or larger mdxal Speed Symbol "V" or approved equivalent. Full size spare;, j~k CHASSIS, FRAME, CAB: Minimum 114.0 inch wheelbaSe;~heav~-duty ful!.rubber floor covering; all manufacturer's standard colors. CONDITIONS: All enclosed Conditions and Requirements shatl apply. MAKE: FORD ~ROWN VICTORIA 070-100-404 (2A-LOCAL) htrp:,stm6 dm~ state.fl.us/st_contracts/070001991/price6.htm II/20/2000 070~I00-404 LOCAL LAW ENFORCEMENT PURSUIT VEHICLE, LARGE, 4-DOOR SEDAN (RWD) Page 2 of 9 DEALER DISCOUNT* MODEL Western ORVILLE _0 P71 District BECKFORD PRICE 19,879.00(A) Northern DUVAL FORD _0 P71 District 19,798.00(B) Central DON REID FORD 0 P71 District Southem DUVAL FORD 0 P71 District 19,820.00(C) _19,933.00(D) NOTE: ONLY THE ABOVE NAMED DEALER(S) IS/ARE AUTHORIZED TO SELL THIS COMMODITY UNDER THIS CONTRACT! FACTORY CUT OFF DATE: *Discount for un/t for vehicle picked up by ordering agency at contractor's place or'business. Approximate delivery time required after receipt of order: 60-180 DAYS OPTION: 070-100-405 - Option, Local Pursuit Vehicle, Large, Spec. 2A-Local OPTIONS: (OB) ORVILLE BECKFORD (DF) DUVAL FORD (DR) DON REID FORD 1001 2001 Silicone hose package. Radiator hoses, heater hoses, (OB) and any other coolant hoses. (DF) (DR) Trailer towing eqmpment for towing trailers up to (OB) 2000 lbs. fully loaded. To include a Class I receiver (DF) hitch, 2000 lbs. capac,~y, installed, with adapter, pin, (DR) clip and 1-7/8 inch diameter ball. CODE! 177 PRI( CODE: 177 pRI£ CODE: 177 PRI£ CODE: DITT pRI( CODE: ~-~ pRI£ CODE: DITH pRI( 3001 4001 Limited slip or locking differential. Radio noise suppression package. Order Code 53M. (OB) CODE: 45C (DF) CODE: 45C (DR) CODE: 45F CODE: 53M (OB) pRIl (DF) CODE: 5-~ pRI( (DR) CODE: pRE PRI( PRI~ PRI~ http://sun6.dras.state.fl.us/st_conu-acts/070001991Jprice6.htm 11/20/2000 070-100-404 LOCAL E&W ENFORCEIvI~NT PURSIJIT VEHLCLE, I~a~OE, 4-BOOR SEDAN (F~WD) Page 3 of 9 5001 5002 5004 5OO5 5006 5007 5OO8 5009 5010 6001 7002 Rain shields, all four door windows. Auto Ventshade Co. or approved equivalent. Dome and courtesy lights inoperative. Order Code 478. Delete AM-FM radio. Order Code 58B. All vinyl upholstery on seats. (OB) CODE: D[RS (DF) CODE: AVS (DR) CODE: DIRS (OB) CODE: 478 CODE: 478 (DR) CODE: 478 (OB) CODE: 58B (DF) CODE: 58B (DR) CODE: N/A · (OB) CODE:R_ (NOTE TO USER: AVAILABLE WITH VINYL SPLIT BENCH AND VINYL REAR ONLY.) All vinyl upholstery on rear seat, only. (NOTE TO USER: AVAILABLE WITH CLOTH FRONT BUCKETS ONLY.) (DF) CODE: _R (DR) CODE: R (OB) CODE: (DF) CODE: (DR) CODE: Full carpeting in lieu of liD full robber floor covering (OB) specified in section 80. (DF) (DR) Power driver's seat, 6-way. Electronic speed control with resume feature. Split bench seat with cloth upholstery. (NOTE TO USER: AVAILBABLE WITH CLOTH R AR ONLY) Delete anti-lock braking system specified in section 6, Full wheel cover in lieu of standard hub caps. CODE: D127 CODE: D127 CODE: D127 (OB) CODE: 2lA (DF) CODE: 2lA (DR) CODE: 2lA (OB) CODE: 525 (DF) CODE: 525 (DR) CODE: 525 (OB) CODE: P (DF) CODE: P (DR) CODE: P_ (OB) CODE: D525 (DF) CODE: D552 (DR) CODE: D552 (OB) CODE: 645 PILl PRI PRI PRI PRI PRI PRI PRI PRI PRI PRI PRI PRI PRI PRI PRt PRI PRI PRI PRI PRI PRI PRI PRI PRI PRI PRI PRI PRI 11/20/2000 htlp://sun6.dms.state.fl.us/st_conu~acts/070001991/price6.htm 070-100-404 LOCAL LAW ENFORCEMENT PURSUIT VEHICLE, LARGE, 4-DOOR SEDAN (RWD) Page 4 of 9 8001 8002 8003 8004 8005 80O6 8007 9901 9902 (DF) CODE: 542 (DR) CODE: 645 Front license plate bracket. (OB) CODE: 153 (DF) CODE: 153 (DR) CODE: ~53 Keys, three (3) additional. (OB) CODE: DIKT (DF) CODE: 3K (DR) CODE: AK Body side molding, front doors, installed. Order Cod~ (OB) 96C. (DF) (DR) hlgh strength alurmnum push bumpers. Setmaml (OB) PB100 (phone 1-800-426-262'2) or approved (DF) equivalent. Push bumpers must be installed in full (DR) compliance with manufacturer's installation instmctic Factory or dealer installed. Vehicles keyed alike, All vehicles within a designated fleet to have identical key(s). Street appearance group. Order Code 60B. CODE: 96C CODE: 96C CODE: 96C CODE: DISA CODE: S16" CODE: ~GS PR/ PR/ PR/ PR/ PR/ PRI PR/ PR/ PR] PR/ PR/ PRI PRI (OB) CODE: 432439 PR/ (DF) CODE: VKA pR/ (DR) CODE: 432 pR/ PRI PR/ PR/ N/A PR1 PR/ PR/ PR/ PRI PR/ (OB) CODE: 60B (DF) CODE: 60B (DR) CODE: 60B Carpeted floor mats, front and rear, color keyed. (OB) CODE: 12Y (DF) CODE: 12Y (DR) CODE: 12Y (NOTE TO USER: NOT AVAILABLE WITH RUB] FLOOR COVERING) Spotlight installed, mounted on LH side. (OB) CODE: 5lA Order Code 5lA. (DF) CODE: 5IA (DR) CODE: 5lA Spotlight prep package, left and.fight hand side. (OB) CODE: 51Z Provides all components necessary for dealer to instal (DF) CODE: 51Z manufacturer's A-pillar mounted spotlight. (DR) CODE: 51Z Order Code 51Z. PR/ PR/ PR/ htrp://sun6.dms.state.fl.us/st_contmcts/070001991 price6.htm 11/20/2000 070; 100-404 LOCAL LAW ENFORCEMENT PURSUIT VEHICLE, LARGE.'4-DOOR SEDAN (RWD) Page 5 of 9 9903 9904 9905 9907 9911 9912 9913 VASCAR installation. SEE SPECIYrlCA2 (OB) PV-1. (DR) Dealer installation of decals (decals to be (OB) provided by purchasing agency). (DF) (DR) (NOTE~TO USER: DECAL INSTALLATIONS MUS .. E L/Mt,T. ED TO FLORm mGI-I~rA:-~,,PATROL TYPE DESIGN Al CO~URATION.)~Tm Ve~cle anyTtheft system automati9 activa (OB) Facfb~ 0~ ~e~er installed.~ T~emco Police (DF) smar~t~Th~t Systems; rremco l?roau, ~I)ID c0mpafi3 ~i-88g-666-3631 ) or approy~d equivalent. Lateralbowreinforcement. OrderCode 1: (OB) (Dm CODE:DIVI CODE:VAS CODE:~A CODE:DIDI CODE:DEC CODE:DIDC PRICE: 260.00 PRICE: N/A PRICE: N/A PRICE: N/C PRICE: 25.00 PRICE: 85.00 CODE: _DIVA PRICE: 135,00 CODE: TREM PRICE: I53:00 CODE: DITC PRICE: I50.00 CODE:I85 CODE:185 CODE:lB5 Wiring, roof lamp - hole in roof. Order C{ (OB) CODE: 187 187. (DF) CODE: 187 (DR) CODE: 187 Wiring, roof lamp- roof without hole. Or, (OB) CODE: 189 Code 189. (DF) CODE: 189 (DR) CODE: 189 (OB) CODE: 157 Rear door locks inoperative, with rear doo handles moperative. Order Code 157. 9915 Rear windows inoperative. Order Code 9z (DF) CODE: 157 (DR) CODE: 157 9917 (OB) CODE: 948 (DF) CODE: 948 (DR) CODE: 948 Auxiliary fuse block. Three (3) circuits di (OB) CODE: 417 battery feed, three (3) circuits ignition (DF) CODE: 417 controlled. Order Code 417. (DR) CODE: 417 PRICE: 70.00 PRICE: 70.00 PRICE: 70.00 PRICE: 80.00 PRICE: 80.00 PR/CE: 80.00 PRICE: 60.00 PRICE: 60.00 PRICE: 60.00 PRICE: 20.00 PRICE: 20.00 PRICE: 20.00 PRICE: 20.00 PRICE: 20.00 PRICE: 20.00 PRICE: 50.00 PRICE: 50.00 PRICE: 50.00 http:, surt6.dms.state.fl.us/st_contracts/070001991/price6.htm 11/20/2000 070-I00-404 LOCAL LAW ENFORCEMENT PURSUIT VEHICLE, LARGE, 4-DOOR SEDAN (RWI)) Page 6 of 9 9918 Complete set of service manuals. 9919 9920 9921 9922 9923 9924 (OB) CODE: DISM (DF) CODE: DSM (DR) CODE: HELM Manufacturer's Extended Vehicle Wartm (OB) Warranty shall be for a period of 5 years (DF) 75,000 miles whichever occurs first. SEE (DR) SPECIFICATION EVW 5/75. Manufacturer's Extended Powertrmn (OB) Warranty. Warranty shalI be for a period of 3 years (DF) 100,000 miles whichever occurs first. SEE (DR) SPECIFICATION EPTW 3/100. ~ ~ayt~,ufacturer's Extended Vehicle Warnu (OB) ~lnty shall be for a period of 3 years (Di~ 100,000 miles whichever occurs first. SEE (DR) SPECIFICATION E~VV: 3/100. Mamffacturer's Extended Powertrain Warranty. Warranty shall be for a period of 5 years 75~000 miles whichever occurs first. SEE SPECIFICATION EPTW 5/75. PRICE: 245.00 PRICE: 285.00 PRICE: 295.00 CODE: EVW 5/' PRICE: 3595.00 CODE: EVW 5/' PRICE: 3885.00 CODE: ESP PRICE: 3795.00 CODE: EPTW 3 PRICE: 2150.00 CODE: EPTW 3 PRICE: 2250.00 CODE: ESP PRICE: 2195.00 CODE: EVW 3/PRICE: 3375.00 CODE: EVW 3/. PRICE: 3475.00 CODE: ESP PRICE: 3395.00 (OB) CODE: EPTW 5 PRICE: 1795.00 (DF) CODE: EPTW 5 PRICE: 1895.00 (DR) CODE: ESP PRICE: 1795.00 Delete Police Interceptor Equipment. Pr((OB) a base 4-door sedan. Model P73. (NOTE TO USER: SEE SPECIFICATI( 070-200-330 TO PURCHASE A NON- P~SUIT SEDAN) CODE: N/A PRICE: N/A (DF) CODE: N/A PRICE: N/A (DR) CODE: N/A PRICE: N/A Vehicle Partition Barrier (FHP). Setina (OB) Bodyguard #I0-S, no holes drilled installation. SEE (DF) SPECIFICATION PV-1. (DR) 9925 Ignition powered decklid release. Order (OB) 6~H. CODE: DIVP CODE: S 10 CODE: 10-S CODE: 61H PRICE: 479.00 PRICE: 533.00 PRICE: 579.00 PRICE: 60.00 http://sun6.dms.state.fl.us/st_contracts/070001991 ,price6.htm 11/20/2000 070400-404 LOCAL LAW ENFORCEMENT PURSUIT VEI--IICLE, LARGE, ;4-E}OOR/SED~AN (R:WI)) Page 7 of 9 9926 Dual spotlamps, installed. Order Code 5 9927 Lamp pre-wire group. Includes package lamp wiring and inner decklid lamp wiring. (~ Code 4,7 . (DF) CODE: 61H PRICE: 60.00 (DR) CODE: 61H PRICE: 60.00 (OB) CODE: SlY. PRICE: ,340:00 (Di CoisEi SlY PRIcE:'32[o:o0 (DR) CODE; 51Y (OB) CODE: 476 (DF) CODE: 476 (DR) CODE: 476 PRICE: 450.00 PRICE: 45.00 PRICE: 45.00 PRICE: 45~00 9928 9931 9932 9933 9934 9935 9936 9937' Wiring - Horn/Siren system. Order Codt (OB) 17D. Slick'top lighting system (FLIP). Installa' (OB) instructions to be provided by the purcha (DF) SEE SPECIFICATION PV- 1. (DR) Interior emergency waming lights (OB) (WHELEN). Installation instructions to (DF) provided by the purchaser. SEE (DR) SPECIFICATION PV- 1. Interior emergency warning lights (FHP) (OB) Installation instructions to be provided b~ (DF) purchaser. SEE SPECIFICATION PV-1 (DR) Roof mounted visual warning system P¥ 6. Installation instructions to be provide the purchaser. SEE SPECIFICATION PVWL-6. Roof mounted visual warning system P¥ 3 (FHP). Installation instructions to be provided by the purchaser. SEE SPECIFICATION PVWL-3 (FHP). Alternating lamp flashers. SEE SPECIFICATION PV-1. CODE: 17D CODE: 17D CODE: 17D PRICE: 70.00 PRICE: 70.00 PRICE! CODE: DISL CODE:SLICK CODE:STFHP PRICE: 36&00 PRICE: 1221.00 PRICE: 1461.00 CODE: PV-1 PRICE: 490~00 CODE: WHELPV. PRICE:'473.00 CODE: PVlW PRICE: 574.00 CODE: PV-1 FHP PRICE: 526.00 CODE: PV-1 FHP PRICE: 484.00 CODE: PVFS PRICE: 475.00 (OB) CODE: PVWL6 (DF) CODE: PVWL6 (DR) CODE: C3DI PRICE: 1049.00 PRICE: 1022.00 PRICE: 1474.00 (OB) CODE: PVWL3 (DF) CODE: PVWL3 (DR) CODE: PVWL3 PRICE: 1675;00 PRICE: 1649;00 PRICE: 1695.00 (OB) CODE: PV-1 PRICE: 65.00 (DF) CODE: ALF PRICE: 87.00 (DR) CODE: FHL2 PRICE: 65.00 Roof mounted visual warning system P¥ (OB) 4. Installation instructions to be provide, (DF) the purchaser. SEE SPECIFICATION (DR) PVWL-4. CODE:PVWL4 CODE:PVWL4 CODE:PVWL4 PRICE: 1799.00 PRICE: 1759.00 PRICE: 1899.00 http://stm6.dms.state.fl.us/st_conWacts/070001991 price6.htm 1/20/2000 070-100-404 LOCAL LAW ENFORCEMENT PURSUIT VEHICLE, LARGE, 4-DOOR SEDAN (RWD) Page 8 of 9 9938 9939 9940 Roof mounted visual warning system P¥ (OB) 5 (FWC). Installation instructions to be' (DF) provided by the purchaser. SEE (DR) SPECIFICATION PVWL-5 (FWC). Unmarked emergency warning lights (Fl (OB) Installationinstructions to be provided b~ (DF) purchaser. SEE SPECIFICATION PV, 1 (DR) 100 Watt PA/SIREN speaker, Federal Si (OB) Model/?viS }00 or approved equivalent. (DF) Speaker to be mounted bel'find the ~ont ~ {DR) .CODE:PVWL5 CODE:PVWL5 CODE:PVW-L5 PRICE: 1027.00 PRICE: t012.00 PRICE: 1277.00 CODE: FH]? UNM PRICE: 570.00 CODE: UEW FHP PRICE: 744.00 CODE: UM FlIP PRICE: 795~00 CODE: DIPA CODE: MS 100 CODE: MS100 PRICE: 230.00_ PRICE: 288.00 PRICE: 250.00 9941 9942 9943 9944 9945 9946 Roof mounted visual warning system PV' (OB) 7 (FWC). Installation instructions to be (DF) provided by the purchaser. SEE (DR) SPECIFICATION PVWL-7 (FWC). CODE: PVWL' PRICE: 1299.00 CODE: PVWL~ PRICE! 1261.00 CODE: PVWL' PRICE: 1599.00 Federal Signal SS 2000 SS Smart Siren x~ (OB) R/VlK microphone extension and MNCT (DF) microphonewith same touch pad (control (DR) head) as used:with Federal Smart Vector Lightbar, SVS4801. Location ofequipm inside of vehicle will be provided by the purchaser. CODE: DIFS PRICE: 746.00 CODE: SS2000 PRICE: y01.00 CODE: SS2000 PRICE: 695.00 Lower level visual warning system (FWC (OB) Installation instructions to be provided by (DF) purchaser. SEE SPECIFICATION PV-1. (DR) Sequential flashing arrow LED light. WI: (OB) Model TA8FHP (phone 1-800-824-8303) (DF) approved equivalent. Installation instrucl (DR) to be provided by the purchaser. CODE: DILL CODE: PV1 F~ CODE: FCC D] CODE:DISF CODE:SEQ CODE:TA8FH PRICE: 560.00 __ PRICE: 495.00 __ PRICE: .595.00 PRICE: _609.00 PRICE: _649.00 __ PRICE: _695.00 Interior emergency warning light located top of windshield. To include one dual alternating blue strobe light. Whelen Mo, 4DSINT or Federal Signal Model MS2S-i or approved equivalent. Installation instructions to be provided by the purcha,, (OB) CODE: DIJ. E (DF) CODE: ITWL (DR) CODE: MS2S PRICE: 397.00 PRICE: _310.00 PRICE: _275.00 Four comer strobe package with six head power supply capable of splitting lighting functions, Whelen model SPS660 or Fede Signal Model SPS6J. Exact location of ii and power supplies will be provided by purchaser. (OB) CODE: DIFC (DF) CODE: 4CS (DR) CODE: SPS6J PRICE: 590.00 PRICE: 339.00 CODE: 399.00 http://sun6.dms.state.fl.us/s~_contracts/07000199 l/price6.htm 11/20/2000 070-100404 LOCAL LAW ENFORCEMENT PURSUYI VEHICLE;LARGE, 4-DOOR~SEI~AN (]?,:WI)) Page 9 of 9 9947 9948 9949 Two-way radio pre-w~re. Two-way radio (OB) connected to front speakers. Order Code (DF) (OR) CODE: 946 CODE: 946 CODE: 946 Power adjustable accelerator and brake pedals. Order Code' 59C. (OB) CODE: 59C (DF) CODE: 59C (DR) CODE: 59C Spot lamp prep package, driver's side O: (OB) CODE: 5lB Code51B. (DF)CODE: 5~B (Pi/) ¢OD ; 5m PRICE: 45.00 PRICE: ~45.00 PRICE: 45.00 PRICE: 120.00 ,PRICE: 120.00 PRICE 120,00 PRICE: 90.00 ~RtCE: 90~00 P.i. E: 9950 9951 9952 Removable headliner with dual beam map light (OB) CODE: 5 I3 PRIC (deletes 5'~ dome light). Order Code 513. {DF) CODE: 5 I3 PRIC (DR) CODE: 5i3 PRIC Trunk Organizer. ABS, Pro Guard Industries, (OB) Model #D3825FHP or approved equivalent. (DF) Morganelli & Associates (904) 738-3669. (DR) CODE: DITO PRIC CODE: TRUNK PRIC CODE: TO D3825 PRIC Manufacturer's Extended Vehicle Warranty. (OB) CODE: N/A PRIC Warranty shall be~for a period of 6 years or 100,000 ~{DF) CODE: N/A PRIC miles whichever comes first. SEE (DR) CODE: N/A PRI£ SPECIFICATION EVW 6/100. (NOTE TO USER: FOR OPTION 9923 ONLY) http://sun6.dms.stare.fl.us/st_ contracts/07000199 l/price6.htm 11/20/2000 Requested Cmy Comn'asslon Meeting Dates [] November 21 2000 [] December 5, 2000 [] December 19, 2000 [] January 2. 2001 V-CONSENT AGENDA ITEH B-6. CITY OF BOYNTON BEACH- AGENDA ITEM REQUEST Date Final Form Must be Turned in to Ciw Clerk's Office November 9, 2000 (5:00 F November 22, 2000 (5:00 p.m.) December 6.2000 ,5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested City Commission Meetin~ Dates [] January 16,2001 [] February 6. 2001 Februa~ 20. 2001 [] March 6. 2001 Date Final Form Must be Turned in to City Clerk's Office lanuary 3, 2001 (5:00 p.m.1 January 17, 2001 (5:00 p.m,) February 7. 2001 (5:00 p.m.) February 21,2001 (5:00 p,m.) NATURE OF AGENDA ITEM [] Administxative [] Development Plans [] Consent Agenda [] New Business [] PubllcHearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: MOTION to "piggy-back" PALM BEACH COUNTY BID #99186/VMG for the PURCHASE OF SOD from ODUM'S SOD INC. in the amount of $13.770.00. EXPLANATION: Procurement Services Division received a request from LeLsure Services/Parks Division to purchase 54.000 sq. ft. of Bermuda sod utilizing Palm Beach County Bid #99186/VMG. Procurement Services Division request Comrmssion's review, evaluation and approval, PROGRAM IMPACT: The sod replacement will be used at the Pence Park Ballfield, FISCAL IMPACT: Funds have been allocated in the FY1999/2000 budget as follows: Account Desc~ Parks Improvements Account Number 001-2730-572-63 -05 ALTERNATIVES: To delay the sod replacement for the ballfield. Deputy Director of Financial Services Budaet Amount $ 25,000,00 City Manager's Signature Procuremem Services Deparmaent Name City Attorney / Finance / Human Resources cc: John Wildner - Parks File S:kBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC TO: FROM: RE: Date LEISURE SERVICES: PARKS MEMORANDUM Bill Atldns, Deputy Finance Director John Wildner, Parks Director ~ Sod installation at Pence Park Ball Field November 22, 2000 Request you place on the City Commission agenda a request for 54,00 0 s. F. of certified 419 Bermuda sod to be delivered and installed at .255 per S. F. for Pence Park Ball Field. Tiffs project is approved in this year's park improvement budget account # 001-2730- 572-63~J~. We m-e piggybacking Palm Beach. County Bid # 99186/VMG to Odums Sod Inc. (Quote is attached). ODUM'S SOD, 394 State Road 7 · West Palm Beach Phone: (561) 795-9093- Fax: P~GE 33414 PROPOSAL SUBMITTED TO: OJJ NAMI~ STREET CITY: STAT[: ~h~r~y propote ~ ~mi~ I.J~r ~ malerials - cl ACCEPTANC~ OF PROPOSAL to do the wot~ a~ specked, payment w'll ~ made ww~cO.pld m~be&ctt ~B.~,~ Au~ru ODUt~ INC. D/B/ ODUM'S SOD INC, 394 ROAD ? BF~, FL ~414 Form L £ £ £ [ The RE: TE~M CONrJRACT ~: you that Palm Beach Councy Board O~ County a Term con~ract with you= company for FORMAL BID # ~NEWAL OF FOPJ4AL BID/RI~0 #__. EXT~eION OF FORMAL BI~/R~ # WRITTEN ~UOTATION # VERBAL QUOTATION PER STATB OF FLORIDA CONT'.ACT # ~__ ~AL~ B~CN COUNTY SCHOOL BOMtD BID #.. OTHER: ~rm of this con&race is ~ ~hrou~h ~. ko t~ av&llabil~=~ of ~unds l&wfully a~l~ropria=ed for it& purpose ~e~e Sinc / ~¢e each unique document number. ~.h~v° ~ questions, please cot%=ac~ Ve~ne~ M, ~een. CPPB ~Audre~ Wolf - ~ ~u~ Kenfield - ~z~s ~0 ~9~d ONI SNRO0 0B~6L~9~ ~:0I 000~/9~/60 TII~AY Gage 15 PRICE $ .24 ..32 .37 AFFIX SIGNATURE WHERE INDICATED D/R/A Odum'S Sod ~nc e~d 7 ST/ZIP: W.P,B, Fla 33~1~, FAX ~;( ~61.> 793 5LO0 ~093 CO~Y L~C~S~ · gO ~9~,~ ONI S~(IO 00T§~E,Z. TggT T~ :0~ 000~/9~/Bg LOT 1 DISC~tI PTION ~h'IT UNIT PRICE PER SQ. FT. ~AHIA' A~G,NTZNE { $. FT $ . i0 ~ C~RT~F~ B~A ~O. FT $ , t8 T~FWAY ~,19 ~ S~a~e Road 7 ,SC Paim ~ach, [:1~ EB 39Td DNt SWP~IO 00IS~61I9SI IE:OI 000~/9~/60 TO: FROM: RE: Date LEISURE SERVICES: PARKS MEMORANDUM Bill Atkins, D'eputy Finance Director John Wildner. Parks Director/~ Sod installation at Pence Park Ball Field November22,2000 Request you place on the City Commission agenda a request for 5z[,00 0 S. F. of certified 419 Bermuda sod to be delivered and installed at .255 per S. F. for Pence Park Ball.Field. This project is approved in this year's park improvement budget account # 001-2730, 572-63-10. We are piggybacking palm Beach County Bid # 991~6/VMG to Odum~ Sod Inc. (Quote is attached). - 11/22/2000 0C0:22 15617935100 ODUMS INO PAGE 01 ODUM'S SOD, NC. 394 State Road 7 · West Palm Beach, J~londa 33414 Pho..: (s6~) ~,~s-909 · Fa,,: ts6~) ?~-s~oo PROPOSAL SUBMITTED TO; t / PHONE: ~os NAt. aE r~s f,,, I},,,R to do the '.~on~ a~ q~c~. Payme~ ~,11 be ma~;~e ACC£t~TANCE Of PI~OlOO~AI :. ~ .s ou~lln~ above. Signature Requested City Commassmn Meenng Dates [] November 21. 2000 [] December 5, 2000 [] December 1.9. 2000 [] January 2, 2001 V-CONSENT AGENDA I'TEM B-7 CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6. 201)0 tS:00 p.m.) December 20, 2000 5:00 p.m.) Requested Cit3 Commission Meeting Dates [] Januar3 I6. 2001 [] February 6. 2001 [] February 20. 2001 [] March 6. 2001 Date Final Form Must be Turned in to City Clerk's Office JanumD~ 3, 2001 (5:00 p.m.) January 17. 2001 (5:00 p.m.) February 7, 2001 5:00 p.m.) February 21, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: A motion to award RFP#012-2410-01/CJD to: MICItELLI~ MELLGREN & ASSOCIATES for the "FEDERAL ItlGItVqAY CORRIDOR PLAN" in the amount of: $25,000.00. EXPLANATION: On November 21, 2000, Procurement Services received and opned four (4) proposals for the above mentioned project. It is recommended to award this project to: MICItELLE MELLGREN & ASSOCIATES of Ft. Lauderdale, Florida as her proposal was the most responsive, responsible proposal submitted. Quintus Greene, Development Director concurs with this award (see attached memo). PROGRAM IMPACT:The purpose of this RFP was m seek a Consultant to update the existing Redevelopment Plan focusing on uses and needed development sumdards for the US #1 Corridor, lying along the Federal Highway (U.S. 1) Corridor bounded by the Florida East Coast Railroad (FEC) and Palm Blvd. (N.E. 4th Street) on the West. the Intraeoastal Waterway on the east and the north and south eit~ limits within the City of Boynton Beach. FISCAL IMPACT: ACCOUNT DESCRIPTION: PLANN1NG CONSULTANT FEE ACCOUNT # 001-5000-590-02-05 Deputy Director of Financial Services Proctrrement Services Deparanent Name BUDGETED AMOUNT: City Attorney ! Finance Human Resources S :~BULLETINXFORM S~AGENDA ITEM I~QUEST FORM.DOC. C: Quintus Greene - Development Director File To: From: Date: Re: MEMORANDUM Bill Atkins~ Purchasing Agent Quintus Greene, Development Director November 30, 2000 Federal Highway Corridor Redevelopment Plan NOV 30 2000 Please be advised that after careful review of the four consulting proposals for the above referenced project, the staff is recommending that the city enter into a contract, in the amount of $25,000, with the firm of Michelle Mellgren & Associates for these services. Funds for this project, in the amount of $30,000, are held in the Reserve Expense Account number 001-5000~590-02-05. Bill Atkins, Deputy Director of Financial Services NAME OF RFP FEDERAL HIGHWAY CORRIDOR REDEVELOPMENT PLAN Quintus Greene, Development Dir.- "Offers from the vendors listed herein are the only offers RFP OPE NING DATE: NOVEMBER 21, 2000 received timely as of the above receiving date and time. RFP OPENING TIME: 1:00 P.M. AII other offers submitted in response to this solicitatlon RFP: # 012-2410-01/CJ D if any, are hereby rejected as late" VENDORS SOHIMPELER MIRSON/AMERICAN EAND DESIGN INNOVATIONS MICHELLE MELLGREN & ASSOC. 20283 STATE ROAD 7, SUITE 400 151 LOOKOUT PLACE, SUITE 200 300 S.W. 2SND STREET, SUITE 3 BOCA PATON, FL 33498 MAITLAND, FL 32751 FORT LAUDERDALE, FL 33312 ATTN: BRIAN J. MIRSON ATTN: TRACY CROWE ATTN: MICHELLE MELLGREN 561 ) 482-7673 (407) 975~1273 I954) 467-2322 STATEMENT OF PROPOSER'S QUALIFICATIONS YES YES YES NONCOLLUSION AFFIDAVIT OF PRIME PROPOSERS YES YES YES ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES YES CONFIRMATION OF MINORITY OWNED BUSINESS YES/NOT YES/CERTIFICATION YES/CERTIFICATION CONFIRMATION OF DRUG-FREE WORKPLACE YES YES YES COMMENTS ORIGINAL & TEN COPIES ORIGINAL & TEN COPIES ORIGINAL & TEN COPIES NAME OF RFP FEDERAL HIGHWAY CORRIDOR REDEVELOPMENT PLAN "Offers from the vendors listed ~erein are theonly offers RFP OPENING DATE: NOVEMBER 21, 2000 received timely as of the above receiving date and time, RFP G PENING TIME: 1:00 P.M. A~ other offers submitted in respor~seto this solicitation. RFP: # 012-2410-0 I/CJD if any, are hereby rejected as late" VENDORS RMPK GROUP 1519 MAIN STREET SARASOTA, FL 34236 ATTN: LAURA (941) 954-1718 STATEMENT OF PROPOSER'S QUALIFICATIONS YES NONCOLLUSiON AFFIDAVIT OF PRIME PROPOSERS YES ANTI-KICKBACK AFFIDAVIT ;UBMITTED YES CONFIRMATION OF MINORITY OWNED BUSINESS YES/NOT CONFIRMATION OF DRUG-FREE WORKPLACE YES COMMENTS ORIGINAL & TEN COPIES *SEE NOTATIONS RESOLUTION NO. R O0- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF RFP#012-2410-01/CJD TO MICHELLE MELLGREN & ASSOCIATES FOR THE FEDERAL HIGHWAY CORRIDOR PLAN IN THE AMOUNT OF $25,000; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE S~ID CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Procurement Services receivec~ and opened four (4) proposals for the above mentioned project on November 21, 2000, and it was determined that Michelle Mellgren & Associates, submitted the most responsive and responsible proposal; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMTSSZON OF THE Cl'TY OF BOYNTON BEACH, FLORZDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of RFP#012-2410-01/C3D to Michelle Mellgren & Associates for the Federal Highway Corridor Plan in the amount of $25,000, and authorizing the Mayor and City Clerk to execute a Contract between the parties, a copy of which is attached hereto as Exhibit "A". ~ That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS day of December, 2000. Mayor V, ice Mayor Mayor Pro Tem Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) s:Reso\Pro~sal AwardMichelle Mellgrenll3000 CONSULTANT AGREEMENT FEDERAL HIGHWAY CORRIDOR REDEVELOPMENT PLAN TH/S AGREEMENT is entered into between the City of BoYnton Beach, hereinafter referred to as "the City", and MICHELLE MELLGREN & ASSOCIATES, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is r,~tained by the City to perform ~ant services m connectmn w~th the project designated FEDERAL HIGHWAY CORRIDOR . 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision o£all labor, materials, equipment and supplies. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform ail services and provide all work product required pursuant to this agreement by 150 days fi-om the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. PAYMENT. The Consultant shail be paid by, the City for completed work and for services rendered under this agreement as follows: Payment for the work provided by Consultant is a fixed fee ors 25,000,00, with up to $ 2,500.00 for reimbursable expenses and additionai services as required. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereoI; payment will be made to the Consultant in the amount approved. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CA-1 OWNERSHIP AND USE OF DOCUMENTS. Ali documents, patems, copyrights, drawings, specifications and other materials produced or secured by the Consultant in connection with the services rendered under this agreement shall be the property of the City, without the payment of an additional tee, whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings .and specifications for information, reference and use in cOunection with Consultant's endeavors. COMPLIANCE WITH LAWS. Consultant shall, in performing the services comemplated by this service agreement, faithfully observe and comply with all?federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, tosses or liability, or any portion thereof, including at!omeys fees and costs, arising fi.om injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property'occasioned by a negligent act, omission or failUre of the ConSUltant. INSURANCE. It shall be the responsibility of the successful proposer to maintain workers' compensation insUrance, property damage, liability insurance and vehicular liability insurance, during the duration of this contract The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general and automobile .liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and 1,000,000 per occurrence/aggregate for property damage and professional liability insurance in the amount orS1,000,000. The consultant shall secure and maintain in force throughout the duration of this contract Worker's Compensation insurance to Statutory limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice ~o the City. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating guide, latest edition. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto, Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial tnsurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting fi'om the award or making of this contract. For breach or violation of this CA-2 warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct fi.om the contract price or consideration, or otherwise recover, the full amount of such fee, comrmssion, percentage, brokerage fee, gift, or contingent fee. 11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13~ NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by givmg ten Il0) days written notice to the Consultant. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of tl'fis agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Ouintus Greene. Development Director Notices to Consultant shall be sent to the following address: Mich~lle Mellm'en & Associates 300 S.W. 2N~) Street Suite #3 Ft. Lauderdale. Florida 33317 CA-3 17. INTEGRATED. AGREEMENT. This agreement, together with attachments or addenda~ represents the ehtire and integrated agreement between the City and the Consultant and supersedes ali prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this __ day of 200 . CITY OF BOYNTON BEACH Mawr Consultant Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney Rev. 1/22/91 CA-4 Requested CiW Commission Meetin~ Dates [] November 21, 2000 [] December 5,2000 [] December 19, 2000 January 2, 2001 V-CONSENT AGEN DA ITEM C.1 CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORM Requested City Commssmn Meeting Dates [] January l6, 2001 [] Febraary6.2001 Date Final Form Must be Turned in to City Clerk's Office November 9. 2000 (5:00p.m.) November 22, 2000 (5:00 p.m3 December6,2000 (5:00p.m.) .[~ Febraary20,2001 December20.2000 5:00p.m.) [] March6,2001 Date Final Form Must be Turned in to City Clerk's Office January 3, 2001 (5:00 p.m.) lanuar~ 17, 2001 (5:00 p.mo February 7, 2001 (5:00 p.m.) February 2I, 2001 (5:00 p.m NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfafished Business [] Announcement [] Presentation RECOM3raENDATION: On March 7, 2000, the City Commission entered into an employment contract with Kurt Bressner appointing him as the City Manager. On October 17, 2000, the City Commission conducted a six (6) month performance review of the City Manager and unanimously reaffirmed his appointment. EXPLANATION: Following the reaffirmation of Mr. Bressner's appointment, the City Commission approved certain benefit enhancements to the March 7, 2000, Employment Agreement. Staff has prepared an amendment to the March 7, 2000, Employment Agreement te reflect benefit enhancements approved by the City Commission. That Amendment is attached to this Agenda Item Request Form. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Department Head's Signature Department Name ~ty Manager s S~gnamre City Attorney / Finance / Hur~ ~s~Xffces s :~BULLETIN~O RMSXAGENDA ITEM KEQUEST FORM.DOC RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REAFFIRMING, THE APPOINTMENT OF KURT BRESSNER AS CITY MANAGER OFTHE CITY OF BOYNTON AND FY CLERK TO EXECUTE ~ EMPLOYMENT WITH KURT WHEREAS, on March 7, 2000, the City Commission entered into an Employment Agreement with Kurt Bressner, appointing him the City Manager of the City of Boynton Beach; and WHEREAS, on October 17, 2000, the City Commission conducted a six (6) month performance review of the City Manager and 'unanimously reaffirmed his appointment as the City Manager; and WHEREAS, upon reaffirmation, it is the desire of the City Commission to amend the March 7, 2000, Employment Agreement to provide certain benefit enhancements to Mr. Bressner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby reaffirm the appointment of Mr. Bressner as City Manager of the City of Boynton Beach, Florida and directs the Mayor and City Clerk to execute an amendment to the March 7, 2000, Employment Agreement on behalf of the City of Boynton Beach with Mr. Bressner, said Amendment to Employment Agreement being attached hereto as Exhibit "A", and incorporated herein by reference. 022700 Section 2. passage. This Resolution shall become effective immediately upon PASSED AND ADOPTED this ATTEST: City Clerk day of December, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner 0~7~ AMENDMENT TO EMPLOYMENT AGREEMENT WHEREAS, the City Commission conducted a six-month performance review of the City Manager on October 17, 2000, and unanimous y reaffirmed the appointment of Kur~ Bressner as C ty Manager gf the Cb/of Boynton Beach; and WHEREAS, !t is the desire of the Cty Comm ssioners, hereina~er ca "commis~jofl'; ~b Pr0Vid~ ;detain' benefit enhancements to the Employment Agreement entered into beb~een the City and:Kurt,Bressner, and dated March7, 2000; - NOW,. THEREFORE, City and City Manager agree as follows: 1. That Paragraph 5.0 Rights and Obligat ons Upon Unilateral Terminat on by City is hereby amended by adding the wOrds and figures in underl!ned type and by deleting the words and figures in S~riJck~thrOugh type, as follows: 5.1. Unilateral termination shall be in writing following a vote by the City Commission and need not reflect performance related reasons. If this Contract is terminated by unilateral action by the City, City Manager shal be entiUed to: 5.1.1, prorated base salary paid ina lump sum for the effective date of the terminaUon plus ............. ~,~ three hundred sixty-five (365) days, calculated as follows: Annual base salary shall be divided by 365 days, and that sum shall be multiplied by !g3 365 days, less customary withholding. 5.1.5 continued arouD medical health coveraae for the employee and deeendents for the same number of days set forth in 5.1.1 above, subiect to the usual and customary deductions and co-Day provisions in effect as of the date of termination. 2. That 10.0 VacaUon, Sick Leave, Disability, Dental, Health, Life Insurance, Retirement, Memberships and Professional/Education Development, is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: 10.4. C_Jt'y and City Manager agree to execute all necessary agreements provided by the International City Management Association-Retirement Corporation (ICMA-RC) for City Manager's participation in said ICMA-RC retirement plan, and in addition to the base salary paid by the City to City Manager, City agrees to pay an amount equal to 7.5% percent of City Manager's base salary, or 37,500 $8,000, annual ~y~ whichever is less, into the ICMA-RC on City Manager's behalf, in equal proportionate amounts each pay period, and to tra.n,,sfer ownership to succeeding City or the City Manager upon ~ity Manager s resignation or discharge. March effect. Each and every other paragraph of said Employment Agreement dated 7, 2000, not specifically herein amended shall remain in full force and IN WITNESS WHEREOF, the City of Boynton Beach, Florida has caused this Agreement to be signed and executed in its behalf by its Mayor and duly attested to by its City.Clerk on the day of November, 2000. C~TY OF BOYNTON BEACH, FLOI~DA Witness Mayor Witness Dated: Witness Kurt Bressner Dated: Witness Approved as to Form: A1-FEST: 3ames A. Cherof, City Attorney City Clerk S:ca\agr\manager Arncll 1~.600 2 Requested City Commission _M_¢eting Dates [] September 19, 2000 ["U October 4, 2000 ] October 17. 2000 [] Novecaber 8, 2000 V-CONSENT AGENDA CITY OF BOYNTON BEACH_ ITEM C.2 AGENDA ITEM REQUEST Date Final Form Must be Turaed in I9 City Cl~rk'5 Office September 7, 2000 (5:00 p.m. September 20, 2000 (5:00 p.m.l October 5, 2000 (5:00 p.m.) October 18, 2000 (5 00 p.m. Requested City Corrmaission Meeting Dates [] November 21, 2000 [] December 5, 2000 [] December 19, 2000 Date Final Form Must be Turned La ~9 City Clerk's Office November 9, 2000 November 22. 2000 December 6- 2000 December 20, 2000 [] Adrmnistrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentauon RECOMMENDATION: Motion to amend Resolution No. 93-150, to approve the rewsed Recreation and Park Department Revenue Policy Manual & Fee Schedule, and providing an effective date. EXPLANATION: The Revenue Policy Manual and Fee Schedule was last revised in 1993 The requested revisions reflect the current organizational structure and allow staff to be sensitive to current market trends as they relate to program included in the manual is a projected fee schedule for Boat Club Park launch fees. Suggested rates are 550 annual decal fee, and $10 daily fee. Enforcement will be limited to weekends and holidays. PROGRAM IMPACT: The Revenue Policy Manual and Fee Schedule did not include programs and facilities that have been added or deleted since 1993. FISCAL IMPACT: The approval of the revised Revenue Policy Manual & Fee Schedule allows staffthe flexibility to increase fees if necessary, in anticipation of future costs associated with offering programs and services to the public. The proposed fee ranges are in line with fees charged by other municipalities and should not preclude persons from participation due to economic stares. ALTERNATIVES: · Not approve the recommended rewsions of the Recreau°n and Park Department Revenue P°licy Manual and Fee Schedule. ~pa~anent ~ead' ~S ~eis~e Se~ces~ecreafion Deparanent Name ' Citv Manager's S~gnaurre City Attorney / Finance / Human Resources S:~BULLET1NZFO RIvlS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH RECREATION & PARK DEPARTMENT REVENUE POLICY MANUAL & FEE SCHEDULE 1993 Revised 2000 CONTENTS II. III. IV. V. VI. VII. VIII. X. Statement of Philosophy ...................................................................... 1 Statement of Need ............................................................................... 1 Authority and Responsibility ................................................................. 1 Fees and Charges, Goals & Guidelines .............................................. 2 Financial Assistance Guidelines ........................................................ 10 Contractual Receipts Guidelines ....................................................... 12 Compulsory Resource: Dedication Ordinance .................................. 14 Accounting for All Revenues .............................................................. 14 Annual Review ................................................................................... 16 Fee Schedule ..................................................................................... 17 CITY OF BOYNTON BEACH RECREATION & PARK DEPARTMENT REVENUE POLICY STATEMENT OF PHILOSOPHY The basic philosophy of the Boynton Beach Recreation and Park Department is to offer year- round diversified recreation services, ensudng that all citizens have equal opportunity for participation. However, since the demand upon the Department is greater than the publids ability to appropriate public funds to support that demand, it becomes necessary to charge fees and pursue other supplementary revenues and resources. Fees and charges for parks and recreation services will provide only one source of financa for the Department. They will be thoroughly evaluated prior to their adoption into the fiscal matrix supporting public parks and recreation services, a matrix which includes general fund appropriations, contractual receipts, land dedication, bond issues, grants-in-aid, and special gifts and donations. Fees and charges will supplement these other resources, not replace them nor be used to diminish government's responsibility to provide open space and leisure opportunities. Rather, fees and charges will be viewed as a method to expand and to continue to provide basic services on an equitable basis. The general benefit of services made possible through fees and charges must exceac~ any detriment imposed by the fees, and collections must be practical and economical. II, ill. STATEMENT OF NEED It is the responsibility of the Boynton Beach Recreation and Park Department to offer a comprehensive recreation program and to provide public park land. Because of heavy demands for new and expanded services and because of the ~ncrease in operating expenses, it has become necessary to adopt a sound and consistent policy that will guide the search and generation of supplementary revenues to tax dollars. AUTHORITY AND RESPONSIBILITY The revenue policy was formally adopted on September 21. 1993~ and amended on December 5, 2000, by the Boynton Beach City Commission and revisions must come before them for approval. The City Commission and City Manager have authorized and charged the Directors of Recreation and Parks with providing oversight in the implementation of the policy, and establishing appropriate procedures to administer the policy's goals and guidelines. All 1 schedules will be approved by the City Manager upon the recommendation of the Director of Recreation ar~. IV. FEES AND CHARGES GOALS AND GUIDELINES BASIC SERVICES 1. The City of Boynton Beach will continue to provide basic park and recreation services at no charge in order to protect and conserve natural and historical properties and to promote the physical and mental well-being of its citizens. Examples of basic services include staff supervised therapeutic recreation, recreation center level games and programs, and various youth, adult and senior citizen active and passive recreation activities, both indoors and outdoors. Public funds will be used to acquire, improve and manage all park land whenever possible, charging no fees to Boynton Beach residents for entrance into neighborhood parks, comfort stations, greenway and trails, playgrounds, recreation and community centers. However, the Directors of Recreation and Parks may recommend nominal fees as necessary for control of these areas. GENERAL GUIDELINES 1 Charging fees is an equitable method of recovering a portion or al specialized or personal recreational services. costs of .... ~... ~ ..... .~ e....~;..[ o...~, ,.....~ .... Resident and Non-Resident Fees m .............................. ~- .................... u ....,'- ees for non-residents will be a minimum of 25% above the -'"'"[ sP ..... fee for residents, with a minimum charge to non-residents of $3.00 above the ~resident fee for programs and services priced under $12.00. To ensure equitable services and reasonable fees to the public, staff will submit proposed program fee increases in writing for approval by the Director of Recreation. All fees will remain within the Commission approved fee schedule. FEE CLASSIFICATION Fees charged for programs, facilities and services provided shall be classified as: 1. rental fees 2. special service fees 3. permit fees 41 admission, entrance and parking fees 5. user fees 6. sales RENTAL FEES will be charged for the privilege of exclusively using tangible public property or building structures without consuming or injuring them in any way. Examples include picnic,...,,,_,;* ...... ..~.~,'*.~ ..... _.~_.~..,,v,; .... ..,* booth rentals, es-we~es facility room rentals, picnic shelters and other park facilities. SPECIAL SERVICE FEES will be charged for supplying extraordinary articles, commodities, activities, materials, or services as an accommodation to the public which are Mot provided as part of the Department's basic, free public services. Examples include ........ ~.;~.,4 ..... ~ ~...,.~' ccr';;c.e~s,' keys, field preparation, lights, staff, custodial and processing fees. PERMIT FEES will be charged for permission or written authorization for a specified lawful action or use of a facility. Examples include sports leagues, tournaments, *~'~""~"~'"* ..... ~' .... '~ °'""~"" ..... * .... ,4;.... snedal event permit fees in accordance with Article I, Section 13-20 of the Code of Ordinances as detailed in the Special Event Handbook, and Vvanding and exhibitor fee..,. ............ . ....., ..... for certain special events. ADMISSION, PARKING, AND ENTRANCE FEES may be charged to enter a building or structure. These facilities usually offer an exhibit, show, performance, concert, ceremony or demonstration. Examples include attending special performances or events which require high cost talent, specialists, technicians, equipment, extra supervisory and maintenance personnel, or where the net 3 revenue generated is used to offset the program or facility costs. Parking fees may be charged at designated parks for daily, weekend and holidays to control overcrowding and subsequent damage to greenways and roadways, to minimize vandalism, provide additional patron safety, or to offset a portion of park operational costs. USER FEES may be charged for the use of a high cost facility or participation in an activity. The patron usually enjoys the privilege of use with others. Examples include instructional classes, tdps, tours, camps, sports clinics, workshops, launch ramp/marina fees, administrative, publicity and promotion fees. SALES -- Unconditional ownership of merchandise which passes from the Department to the user will be sold_to the user. Examples include arts and crafts supplies, merchandise related to programs and services offered, and departmental tabloid, bulletin, newsletter or program advertising space. DIFFERENTIAL FEES In addition to fees differentiated according to residency, fees for programs, services and facilities may be differentiated according to the financial objectives of the following organizations: Commercial/Profit Fundraising Non-profit Private/Family Schools Religious Fee Exempt Examples include facility rentals for private/commercial gain, non-profit group meetings and family celebrations. The Director of Recreation ~shall establish the fee for the above organizations based upon the fee schedule. 4 RECOVERING PARTIAL COSTS The public will be charged user fees, special service fees, sales fees, or rental fees for special services and special facilities based on the exact costs associated with the "extra" service, or based upon a specified percentage of all direct costs when:the exact costs cannot be figured. Fees will recover the exact costs or a percentage of direct costs for special services and facilities when: a) b) c) d) e) f) The cost per user hour of the service is high; The activity uses consumable material; The service requires a facility with high capital, operating maintenance costs; The activity requires special preparation or clean-up; The activity requires special instruction at extra cost: Th~ service is extended beyond the normal operation. or = Special services include, but are not limited to, organized adult athletics, instructional youth and adult programs, tournaments and youth and adult out-of- town trips and tours. Special facilities include but are not limited to one time room rentals, lighted ball fields and tennis courts, pools~ and picnic shelters_., ~ Exact rates will be set each year and published in the Fee Schedule. RECOVERING DIRECT COSTS Direct operation costs will include all transportation, lodging, full-time and part- time personnel necessary to conduct the program, rental of facilities, purchase of equipment and supplies, and utility costs directly related to the program. :!~rograms that w recover direct costs may include, but are not limited to, after school programs, ~instructional classes, out-of-town trips and tours and organized sports. 5 The established fee for co-sponsored fund-raising programs with other public agencies or volunteer organizations shall cover the Department's contribution to the direct costs of offedng the activity and facility. When not in use for Department-sponsored and co-sponsored activities, designated areas, facilities, and equipment may be rented by organizations and the general public. Rentals will be computed to recover all direct costs. 5. Equipment rental rates will be based on original cost and depreciable life. G. RECOVERING ALL COSTS PLUS SURPLUS Upon approval by the Director of Recreation-a~, public property may be used by closed membership groups anc~ proprietary or commercial groups who want to use public property for financiaJ gain or profit. The fee charged for use of the public park land and facilities will be comparable to the prevailing commercial rates, or must recover all costs to [he Department, whichever is greater. An additional fee for the privilege of conducting business on public property will be charged. Commercial or promotional activities on park land will be permitted only when they are clearly not in conflict with ongoing Department-sponsored programs, or if the program can be conducted without any restriction of public use for a reasonable period of time. Commercial or promotional activities in parks and facilities will be authorized only if they provide a public service and meet a legitimate public need. Commercial or promotional use of public facilities including use of public names of structures will not be authorized if such use constitutes an expressed or implied City endorsement of commercial products, services or activities. Sponsors of profit-making, commercial activities conducted on park property are required to show evidence of comprehens ve genera ab ty insurance sufficient 6 to protect themselves from any potential incidents, an amount of coverage which meets City requirements as approved by the Risk Manager. The sponsors of profit,making, commercial activities conducted on City recreation and park property must pay the City a minimum of twenty-five percent (25%) of the gross receipts in addition to the prevailing rental rate: a) Within thirty (30) days after a commercial or promotional activity, an itemized list of all income associated with such an event must be transmitted to the Director of Recreation or his desi,qneeaRd-Parks, together with twenty-five percent (25%) of the gross income. b) A deposit may be required by the Director in advance of the event. Charitable. non-profit, community-serving organizations that conduct an event on City recreation and park property for the purpose of raising funds, not sponsored by the Department, may pay a facility rental fee. maintenance fee, or a percentage of their gross receipts, as determined by the Director of Recreation Charitable sponsors of profit-making activities conducted on City recreation and park property are required to show ewdence of comprehensive general liability insurance sufficient to protect themselves from any potential incident, an amount which meets City requirements as approved by the Risk Manager. REVENUE PRODUCING FACILITIES Revenue producing facilities may be developed in parks to supplement General Fund revenues and to provide Boynton Beach residents additional recreational opportunities. The number and type of these kinds of facilities will be determined based on need. The service itself must be the FIRST priority. Thus, revenue producing facilities will be considered a basic resource of the recreation and park system= and wil be constructed with public funds. Depending on the nature of the service they provide, they may be 7 operated and maintained from user fee revenues. Where user fee revenues do not have the potential to maintain the facility to a high standard of service, General Fund monies will be used to assure continuation of the service to the public. 1. General Fund appropriations will be requested to support the operation of all Park & Recreation facilities. While these facilities may be capable of generating sufficient revenues to offset their operational costs, the General Fund appropriations will provide an adequate cash flow during fluctuations of revenue due to weather, seasonal changes and varied participation by the public. Fees collected from revenue producing programs or facilities may be deposited in a Trust Fund or Enterprise Fund to improve or expand the recreational services of these facilities for the users. Thus, those who use the program or facility pay directly for the operation. The guidelines governing the Enterprise Fund are stated in this policy under Section VIII, Accounting for all Revenues. When public funds are not available for construction of special facilities due to other priorities of the department and the City, funding for development may be sought and provided through public/private contractual agreements. In situations where the financial constraints of govemment cannot ensure the maintenance of the high standard of service desired by the public, the services may be operated through contractual agreements with the private sector. DIFFERENTIAL FEES: SPECIAL SITUATIONS AND GROUPS It shall be general policy to develop reciprocal use agreements with the Palm Beach County School Board allowing joint use of facilities at no charge to either party unless uses require special needs which require high costs to the school or City. Special interest groups shall be granted no special consideration in the form of reduced rates or free services, with the exception of those groups affiliated with the Department, Special interest' groups may include, but are not limited to, 8 religious and political organizations, commercial businesses or clubs and organizations. May out-of-town residents use Boynton Beach recreation services but make no direct tax contributions to help support these services. It is not equitable for these citizens to enjoy the facility or service while this jurisdiction's residents are taxed for its maintenance and operation. Therefore, it is reasonable to tncorporate into the fee-and charge policyr different Non-resident and Resident ..... : ............ ,- ......................... ts. Thus, visitors and residents together will help maintain the facility anc~ provide funds for continued expansion and proper staffing. J. WAIVERS Official City-sponsored or affiliated programs and events shal be fee exempt. The Recreation aF~LP-arkq3irector or his designee shall make such determination On some occasion, fees and charges may be reduced when such action s determined by the Director of Recreation ar~Lp-arks-or his designee to be in the best interest of Boynton Beach or the specific program. A written request for waiver of fees must be submitted through the Director of Recreation-aP~tP~ks, and approved by the City Commission. REFUNDS Procedures for refunding fees will be determined program by program based upon the participant's prorated share of costs already invested and committed into the program, including administrative services. AIl requests for refunds must be made in writin,q to the Director of Recreation =nd P=..~,c or his designee and any special circumstances will be determined by the Director or his designee. Full R_refunds for instructional classes will be granted when the class is canceled due to the insufficient class registration. 9 In lieu of a refund, the Department will encourage the participant to accept a pro'qram credit o'~'- -...,-,~ ~-.~ ...........-...... uu~e. The credit slip may be applied toward the cost of any future recreation program re,qlstraf, ion ........ ............. ,. ....... nt. No administrative service charges will be deducted when a crertif_....,.~.o~;.. ,~;. accepted by the participant. V. FINANCIAL ASSISTANCE GUIDELINES Boynton Beach Recreation and Park Department may accept grants, gifts, service-in-kind. bequests or donations to the City for the purpose of park land acquisition, planning, development: maintenance, operations and administration of recreation and park facilities and programs. The City Commission authorizes on behalf of the City, the Directors of Recreation and Parks to accept non-governmental grants, service-in-kind, and gifts, donations or bequests of cash or personal property valued at $5,000 or less, provided the solicitation, acceptance and use of these revenues and/or gifts are consistent with State Laws and Local Ordinances and are ~n the best interest of present and future Boynton Beach residents. Gifts, grants, service-in- kind, donations, or bequests valued at more than $5,000 must have City Commission approval. All monetary gifts or donations to the City for Recreation and Park purposes, shall be paid into the Recreational and Park fund as established by Section 16-6 of the City Code of Ordinances. Any gift or bequest of real estate and all government grants may be accepted only on approval of the City Commission. All gifts, bequests, and donations of personal property or real estate and all grants shall be held, used or disposed in accordance with the terms and conditions under which the gift, bequest, donation, or grant is made and accepted in accordance with State Law and local ordinances. The Director, City Manager or Commission may reject any gift, bequest or service-in-kind for just cause. GRANTS a) Any permanent employee of the Department is encouraged to investigate the possibilities of secudng a grant for Department facilities and programs. Researching and investigating grants will be consistent with Department and City policy. 10 b) The Director will act as the clearing house and give approval for all grants. Non-governmental grant applications for amounts over $5,000 will be approved by the City Commission. c) All federal, regional, state and county grant applications of any amount will be approved by the Director, City Manager and Commission. GIFTS, DONATIONS AND BEQUESTS a) The Director may accept service-in-kind from individuals or private or corporate organizations for the benefit of a specific facility or program or for the administration of all recreation services. b) Any permanent employee of the Department may personally pursue gifts, donations, bequests or service-in-kind on behalf of the Department as long as the amount of a single donation does not exceed $4,999. c) Gifts, donations and bequests over $4,999 in value will be pursued only upon approval of the Director. FUNDRAISING EVENTS a) Upon authorization by the Director, fundraising events, solicitations sales or benefits may be conducted on behalf of the Department or as part of a Department-sponsored program (such as, but not limited to G.A.L.A., Holiday Parade) by organized and recognized community groups. Such recognized groups include, but are not limited to, civic associations, home owners associations, scout organizations, P.T.A.'s. the Teen Council and adult advisory committee or councils. Such fundraising events shall be established by written agreement among all parties. Funds collected in this manner remain the property of the organizations overseeing the collection until they officially give the cash or check to the Director of Recreation or his desi,qnee.a,~i-P~W¢~. 11 c) The Department and its employees are not responsible in any manner for these funas. However, organizations receiving or handling funds dudng Department-sponsored programs must follow the prescribed rules of the ' City for providing accountability of all funds to the general public. Organizations will keep all funds in a checking account in the name of the organizations. All records, bank statements, canceled checks, blank checks and receipts, invoices and authorizations must be available for review by the Department. d) The Department may require or request expenditure of funds belonging to recognized groups, such as Black Awareness Committee, and shall concern itself with the proper management of these accounts and assure that the handling of funds is camed out to the degree of accountability required of government by the public. CONTRACTUAL RECEIPTS GUIDELINES A. LEASES Upon approval of the City Commission, the Department may lease park land for a specific time as negotiated. The process of leasing land will be open to all responsible individuals and corporations, and contracts will be awarded according to the State's open binding procedures, following announcements published in all area newspapers. The City Commission must approve all lease agreements. Contracts will be awarded based on specific criteria, including but not limited to: Evidence of financial responsibility and intent to use the land for designated purposes. 2. Revenues and/or rents generated for the City, and 12 Environmental Impact Plan which includes statements on the use of chemicals, protection of soils and water quality, and how the prospective lessee plans to restore the land back to its state prior to lease. CONCESSIONS The Boynton Beach Recreation and Park Department ~s authorized upon approval of the City Commission to sell products such as supplies, food or souvenirs, or services such as coin-lockers or rental equipment at Recreation and Park facilities for the purpose of providing a service to recreation and park patrons. For the privilege Of selling products or services on public park land, the City will receive monthly rent and/or a percentage of the gross revenues generated from the concession operation. Rent and percentages will be established on a contract by contract basis. The process of awarding contracts will follow the State's open bidding procedures following announcements published in area newspapers. The Director is authorized to solicit bids from reputable concessionaires according to Purchasing Agent requirements. Criteria for awarding contracts include, but are not limited to, [he following: a) Proof of financial solvency and history of quality performance in providing the product or service in question, b) Percentage of gross revenues generated for the City, and c) Specific conditions and terms in the contract which ensures that the public receives the best service possible and the Department maintains as much control over the concession operation as possible. 13 VII, COMPULSORY RESOURCE: DEDICATION ORDINANCE In order to accommodate for ordedy growth and development and the influx of new residents, and to maintain the quality environment which makes Boynton Beach a desirable community in which to live, and in order to place an equitable share of the cost of providing new park land on all new inhabitants, Boynton Beach City Commission authorizes the Department of Planning and the Department of Recreation & Parks to rewew each subdivision plat for consideration of mandatory dedication of land' or fees 'r~ lieu of land for park, recreation and open space purposes pursuant to the City 'subdivision codes. Control, record keeping, expenditures and accountability of all revenues ahd property will follow State Statutes and Local Ordinances. VIII. ACCOUNTING FOR ALL REVENUES Boynton Beach Recreation and Park Department will be collecting fees and charges, gifts of land or personal and grant revenues as a result of this policy. The collection, control, record keeping, expenditures and accountability of all revenues and property will follow State Statutes, Local Ordinances, and Finance Department Accounting and Auditing Procedures and Policies. PARKS AND RECREATION TRUST FUNDS n order to enable the Department to plan, organize and conduct activities and events totally funded through appropriate funds, trust funds shall be established for special programs such as G.A. LA. 1. All monies will be deposited in the City Treasury, in accordance with Finance Department policies and credited to the trust fund account number. The Finance Department shall be responsible for maintaining official revenue and expenditure records as required. All transactions (deposits and expenditures) shall be in accordance with normal Finance Department procedures, including (a) purchasing, (b) personnel and (c) accounting. 3. Expenditures may be charged against the trust fund account; however. expenditures may not exceed revenues as of September 30 of each fiscal year. 14 Moines as of September 30 of each fiscal year shall be encumbered and carried over to the following fiscal year for planned programs. The trust fund shall be maintained by the Finance Department on a revenue and expenditure basis; however, the Department will maintain detailed, separate ledgers for each activity or event in order to provide day-to-day control of income and expenditures for each program. B. ENTERPRISE FUND When appropriate, enterprise funds shall be established to provide greater flexibility in the management of revenue-producing facilities and programs. These funds are governed by the following policy: Revenues collected from the recreation and park enterprise facilities shall be deposited in a fund separate from the General Fund. Revenues collected will be used to conduct the revenue-producing program/facility or improve the recreation services to the user. A percentage of the revenue generated over the cost to conduct the program shall be paid to the General Fund Revenue Account. A profit and loss statement will be forwarded re-at e~[b~the Director each month, along with other pertinent records and audits required by Finance Department policies. The Finance Department will assign object codes and maintain official records as required by law. The Recreation and Park Department will maintain detailed and separate account ledgers for each facility and facility program activity in order to provide day-to-day control of revenues and expenditures. The Boynton Beach- City Commission, upon recommendation of the City Manager, Finance Director and Recreation~3Rd-Parks Director, may appropriate general funds twice a year into the enterprise fund with the stipulation that every effort will be made to repay the general fund appropriated "loan" from the enterprise fund revenues within six (6) months, 15 The costs of operating the revenue producing facilities and programs will be charged against the Enterprise Fund(s). Unspent monies left in the fund as of September 30 will be carried forward to the next fiscal year. IX. ANNUAL REVIEW The Department of Recreation and Parks shall review annually this revenue policy and all fee schedules to ensure equitable services and reasonable fees to the public. ~ ........... ""~'~' - The fees must be easily collected and the cost of collection should not consume more than half of the receipts unless the purpose of fee collection is to control usage. A written report __- will be presented by the Director of Recreation =.qd P=~s tc~ the City Manager. 16 Fee Classification RENTAL FEES: FACILITIER Rental Deposits ~ivic Center Madsen Senior Center Senior Center ~ilson Center Wilson POOl O~c ~m ....... . ...... ~-. ........ nth He,stet Cemmunity Center Activity Center PiChiC Palvi ion Athletic Fields RENTAL FEES: EQUIPMENT Rental Deposits PJ~"~Game-items (=×. B'.:'llhc.,m, b~,~go, -i ~l "_: :, _ , -: . ~ 'XPECIAL SERVICE FEES · " a,¢~-,' $C2.'!'"'o ~ ..... Keys (lost keys/replacement) FEE SCHEDULE Fee Range $50 1 $100 $25 - $100/hr $15 - $25/hr $25 - $80/hr $15 - $25/hr $50/hr. plus lifeguard $50,~ $-! 00!y~ar $15 - $20/hr $ ! ~!ycar $25-$150/hr $25-$I098~0/hr $25/day plus deposit $50/day holiday plus deposit $!2 $24/1.5 hr pcr ccu~ [ $20 - $100 · $!,5 $75 $10 per event plus tuning (approximately $60) Date Commission Approved 10/91 10/91 10/91 .,12/00 10/91 10/91 10/91 10/91 ~g/9~12t00 10/91 9/9312/00 10/91 10/91 $45 $14~ ~ $20 - $40 10/91 17 Field Preparation r..Lights ~mk~Game~emh= Special Event Consultant Fee Custodial Fee PERMIT FEES Athletic Teams/Toumaments Special Event Vending/Exhibitors (He~.A.L.A., T.N.T. Concert_ etc.) _ENTRANCE, PARKING & ADMISSIONS Beach Parking_- Established by Article Section 16-82 of the Code of Ordinanco~ Seasonal Rcsc.'-;c Ncn P, csi~e~t Boat Club Park Launch Fee,~ Annual Decal paily Fee (weekends & holidays only) Special Program Workshop, Concert Admission, General Admission: (examples) Holiday Craft Workshop, Youth Halloween Programs. ~Treasure Hunt, B~nd or Or~'~.e=tra Cc.".~'~-.-t, Theater Performances. Dances etc. R~,~,,U - ,., ~ otTennls Center Daily Fee~ Adult (har-tru) Adult Icemposition) Junior (17 & under) Light Fee $40 - $50 field $3 - $8/hr $50/hr $30 - $120/day $20/hr $50 $80150/fleld or putdoor court rental/d~y $40 - $50/field preparation $30 - $120/custodial fee $8025 - $1,500/space .$50 $1o $3- $50/person $6/person/15. hours $2/person/1.5 hours SI/person/1.5 hours $3/1.5 hours 10/91 10/91 10/91 10/91 12../00 ~m/e~d2/oo .12/00 12/00 09/93 10/91 10/91 10/91 10/91 18 USER FEES Youth Sports: F~ess (ex: Flag Football, Soccer, Cheerleading, Gymnastics, Twirling~ Ad-ultSports League S(ex: Softball, Volleyball, Senior Men's oftball. Basketball ~'enr~is) Fitness & Dance (ex. Aerobics; Ballet~ · ~..th ~ ..... t Ads & Crafts (ex: Tot Recreation, C,..~tive-Spmu~,"~'-*' Kids Crafts Paint ng '[~Ya~t~e-[~, Calligraphy, Water-Color~ etc.) Adultc'. _,-afl......, "~-Workshop/one' time Youth Camps & Playgrounds (includes field trip fees) .(.1, 4 or 8 week sprin.q break, summer and .After-School Pro,qram,~ -'~eE Improvement/Community Interest Classes(ex: lan,qua.qe, music lessons, (Non-Resident Fee $13 - $100 $2820 - $375'325 $15-$75125 $23-$100 Resident Fee $10-$80 09/93 $16 -19/8-1-12/00 $300500 $12-$60100 09/9312/00 $18-$80 09/93 $60--$160 $60 $190 99/93 $7 - $-1~32 $4 - $-1-225 -t9/9-1-,12/00 $125-$380 $2~1~ - $8S__~ $100 - $295 09~93 ~ 12/00 $15 - $75 09/-9312/00 $:/-40165 07-/921~00 $225.'250 0-7~92-12/00 $ 25 09/93 ~.Tennis Center Memberships Adult/Individual $275300 Family $38,5410 Junior (17 & under) $ 55 *Trips/Tours/Travel $ vades (actual cost of trip + 15% administrative and promotion charge = TRIP FEE) *Same fee for all participants since Boynton Beach facilities are not being used. *Pro rams at Caloosa Park - no fee differential since Bo nton Beach facilities are not bein used. .*Fees char ed for rant-funded ro rams ma fall below the fee ran es listed above. 19 FACILITY U ,SE/RENTAL PRIORITY 1. CITY SPONSORED OR AFFILIATED PROGRAMS (*FEE EXEMPT) 2. COUNTY PUBLIC SCHOOLS 3. NON-PROFIT GROUPS 4. PRIVATE 5. COMMERCIAL NOTE: NO FACILITY USE REQUESTS SHALL BE GUARANTEED UNLESS FACILITY USE APPLICATION FORM IS SUBMITTED AT LEAST TWO WEEKS IN ADVANCE WITH ATTACHED RENTAL FEE AS APPROPRIATE. *Examples of Fee Exempt Fac itv Usaqe 1. All official City-sponsored or affiliated programs and events. The Director or his designee shall make such determination. 2. A non-profit agency holding a function to raise monies for the homeless in Boynton Beach. 3. ACity of Boynton Beach department or Advisory Board holding their annual Christmas party at a facility. 4. The Fire Depa~ment offering a communlty-w~de first a~d course~ at R,, ................... 5, Boynton Beach Little League using the Civic Center ~for season ending awards ceremony. 6. A Boynton Beach public school or non-profit child care center holding a graduation ceremony or community function free of charge to the public. 7. Athletic.game or function involving a City depa~ment (ex: D.A.R.E. or R.A.P,) for the benefit of the community. 8. The American Red Cross offering a Hurricane Shelter Management Workshop at the AA Center. 9. Boy and Girl Scout troops se~ing the City of Boynton Beach, 2O DIFFERENTIAL FEES DEFINITIONS ~~Resident Rates Fees for individuals or groups residing inside the Boynton Beach corporate City limits, Commercial 15R Fees for a commercial/private organization using a facility exclusively for its own members. Fees for a commercial/private organization using a facility to host a fundraising event for its own benefit. Fees fora commercial/private organization using a facility to host a fundraising event, Funds generated will benefit a charitable cause, Applicant may apply for fee waiver with charges only for staffing and custodians, Fees for a non-profit 501 Ic)3 organization using a facility exclusively for its own members. Non-Profit 2~R Fees for a non-profit 501 Ic)3 organization using a facility to host a fundraising event for its own benefit. _Non-Profit 35R. Fees for a non-profit 501 Ic)3 organization using a facility to host a fundraising event. Funds will benefit a charitable cause. ~a.~.~. ........... ~, ',-~'r-,:, .... ~-...,,.., , 9Rt~l ...................... ~ ...... .. ,.., S ....... ~ ................ Private I~R Fees for an individual using a facility for a private event, School 15R. 21 Re. Non-Resident Rates Fees for individuals or groups residing outside Boynton Beach corporate City limits. Commercial 1NR Fees for a commercial/private organization using a facility exclusively for its own members. Commercial 2NR Fees for-a commercial/private organization using a facility to host a fundraising event for its own benefit. Commercial 3NR Fees for a commercial/private organization using a facility to host a fundraising event. cause, Funds generated will benefit a charitable Non-Profit 1NR Fees fora non-profit 501(c)3 organization using a facility exclusively for its own members, '.' i-_' ~, --'!- ~ - i -~ - pri:'ct~ cch~c!c. Non-Profit 2NR Fees for a non-profit 501 Cc)3 organization using a facility to host a fundraising event for its own benefit. Ma~ Non-Profit 3NR Fees for a non-profit 501 (c)3 organization using a facility to host a fundraising event. ~rcllglcu~private ~ch~o~, Funds will benefit a charitable cause. M=y Private 1 AIR Fees for an individual using a facility for a private event. Sc,h. ool 1NR Fees for a county public school using a facility for a private event or a fundraisin¢i event. (Public schools that do not serve Boynton students). ~chogl-2R F ................... ~ a-fae,,,,~ ......... ~ ..... 18,, ,~ ....... -6° ......... ~. - .... i .-_-. ~ 22 Epe,Qle;s~ ~tionfRental Fees: _epseia~Resident~Rate~ ~dividuals resid ng inside the corporate limits of Bc ~on Beach). Facilities Commercial Commercial Commercial Nonprofit Nonprofit Nonprofit Private _*School Date ' ' Indoors 1 ,~R 2 ~.R 3 ~R I SE 2 SR 3 SR I SR I SR Commission Approved Art & Activity Center No charge other ~ than staffing & Meeting Room $60/hr $70/hr $4650/hr $4635/hr $6~50/hr custodial and $50/hr $0 -I-g/~I-/9-1-12/00 Studio $40/hr $50/hr $2-630/hr $25/hr $4630/hr damage $30/hr $0 Boat Club No Cha~e other ~..,S ..~ than staffing & Hall $20/hr $20/hr $20/hr $~ 5/hr $15/hr custodial and $15/hr $0 10/01/91 Kitchen $10/day $10/day $10/day $10/day $10/day damage $10/day $0 10/01/91 ~~Mc C~nter No charge other ~ than staffing & Auditorium $80/hr ~/hr $50/hr $30/hr $50/hr custodial and $50/hr $0 ~12/00 Easiest $40/hr $50/hr $25/hr $25/hr $~hr damage $~hr $0 ~0~/gM 2/00 Kitchen $10/day $10/day $10/day $10/day $10/day $10/day $0 10/01/91 Hester ~Center .... No cha~e'other ..... ~ than sta~g & Gymnasium $11 O/hr $~130/hr $75/hr $45/hr $75/hr custodial and $75/hr $0 ~12/00 Meeting Rooms $60/hr $70/hr $~hr $~/hr $~/hr damage $50/hr $0 ~12/00 Kitchen $10/day $10/day $10/day $10/day $10/day $10/day $0 10/01/91 *Per Interlooal Aemement between the Citv of Bovnton Beach and sChoOl i r Mutual Use of Recreation Facilities (R93-~ 53~ .... 23 : :0 ....... ' *_ __ ' ~ ' ' ' Ee_~,e_CJas~ ptm n/Renta Fees. ~&~14~edA~eed-ResldentRate~ '~divlduals residing insidethe corporate limits of B( :ton Beach). Facilities Commercial Commercial Commercial Nonprofit Nonprofit Nonprofit Private .*School Date Indoors 1 SR 2 SR 3 SR 1 8R 2.$R 3 ,~R I SR 1 ,SR Commission Mad~en Center r No'charge Approved . ~ other than Hall $20/hr $262_q/h r $-16~__0./h r $15/hr $15/hr staffing & $,30.1~/h r $0 Kitchen $10/day $10/day $10/day $10/day $10/day custodial and $10/day $0 10/01/91 Greap-Meetir~s damage Senior Center , ,, ,..S/y~ , No charge ~ other than ~ staffing & Ha~Multi-Dureose mom $~g6._0./hr $~7_~/hr $50/hr N/A$35/hr $50/hr custodial and $50/hr $0 -t4~zg4-/9-!-12t00 Kitchen $10/day $10/day $10/day $10/day $10/day damage $10/day $0 -I~/01!e112/00 Activity Room $40/hr $50/hr $30/hr $25/hr $30/hr $30/hr $0 .I 0/01/9112/00 -O ........... th e'~/, , ....... ........... nth ,~v,~ ..... e/m ...... ~ ,~ IO/OI/~ --Weekly Sg I n/o I ~9-1- Wilson Center " No charge ~ other than Gameroom $20/hr $2~20/hr $-t-62.~/h r $15/hr $20~_.~h r staffing & $15/hr $0 Meeting Room $20/hr $2&20/hr $4-620/hr $15/hr $2g~_~/hr custodial and $15/hr $0 -1~/01/9112/00 Kitchen $1 O/day $1 O/day $1 O/day $1 O/day $1 O/day damage $1 O/ay $0 10/01/91 Additional Fees: Damage Deposit $100 per event (Range: $50 - $100/event) Custodial Fee: Required when food is being served or when clean up required by City personnel. (Range: $30 - $120/day) Staffing Fee: Will vary based on duration of event and staffing requirements, and day of week. (Rate is $-1~2_~0/hr) Non-Profit Reeular Group Meetings: Based on facility availability Ran e: 50~- -125/ r~ *PerJnterlocal Aareement between the City of Bovnton Beach and School Board for Mutual Use of Recreation Facilities ¢R93-153) 24 L_F-e~.-elazs~ ~t~_n/Rentar Pees. ~a~,iaC~a~Resident Rate~ '~dividuals residing inside the corporate limits of:.B(~' Beach). FaCilities commercial Commercial Commercial Nonprofit Nonprofit Nonprofit Private _*Sc,~.p. pl Date. ,Outdoors I SR 2 SR 3 SR I SR 2 SR 3 SR 1 SR 1 $~ Commis~iQIt Approved Athletic Fields ' No charge r {~ ......... ~ except for ~ field ~ ~re~arat~ ....... ~12/00 Pence/Gal~v~ilson $~0/2 hm $10/2 hm $10/2 hm $5/2 hm $5/2 h~ ~ $0 4n/n4~ Hester $14/2 hfs ~4/2 hfs · $14/2 hm $7/2 hm $7/2 h~ . .... y ~ $0 ~/0!,~12/00 Lioht Fee ~ e~n~..., ~ ~,..~ ~ .... , $0 Hester $6/h ..... ~ $6/hr~.~ ~6hre~O/d~ $6/hr~/day $6/hr ...... .... ~ $6/hr$I 0/ ~ ,t2/0Q All other fields ~3/h.~- .., .~., ,, ~3/hr~ $3/hr $3/hr $3/hr .-,e"~a""--. ~ ~ 12/00 ~, ,,~ $3/hr Picnic Pavilion (Plus Deposit) : Rates for all days $25/day $25/day $25/day $25/day ~ $25/day $25/day $25/day ~ $0 10/01/91 Holiday Rate $5O/day $50/day ,, ,$50/day r,$~0/~ay $50/day $50/day $50/day i,$0 10/01/91 · *Wilson Pool One time use: $50/hr $50/hr $50/hr $50/hr $50/hr $50/hr $50/hr N/A $0 10/01/91 plus lifeguard Additional Fees: Damage Deposit: Custodial Fee: Staffing Fee: **Wilson Pool: $50 per event for each facility excluding athletic fields. Required when food is being served= or when clean-up required by Citypersonnel. $~0-~120/day Will vary based on duration of event and staffing requirements, and day of week. Rate is $20$S/hr. Additional lifeguard fee of $15/hr is required for pool rental, Field Preparation: $40 - $50/field for tournament play. *Per Interlocal Anreement between the City Of Bovnton Beach and School Board for Mutual Use of Recreation Facilities 25 ~fi~.~!.R~qt.a!. F~S: ~No-n-Res~ent:R.~_te~_(in( ~duals residing outside the corporate limits of Boyn ~ Beach} 'Facilities Commercial Commercial commercial Nonprofit Nonprofit Nonprofit' "PrivMe *School' ~_chc~ Date Indoors I NR 2 ~R 3 NR I NR 2 NR 3 NR J NR I NR 2-R Commission' Art & Activity Center, r Approved Meeting Room $70/hr $80/hr $60/hr $~840/hr $7~6_.~h r $t$1i~5/hr $60/hr Studio $50/hr $60/hr $40lhr $$5/hr Sr~4~0/hr $31i?=.~/h r $40/hr $~ ~ -~;}!01/9-'I-12/00 Boat Club Hell $20/hr $20/hr $20/hr $15/hr $~5/hr $15/hr $15/hr $!~/h~ $20/hr ~0/0119112100 Kitchen $10/day $10/day $10/day $10/day $10/day $10/day $10/day $!0/d2y $!0/d=y 10/01/9112/00 .......... ~ ~ ~-~, ~, ~/0!/91 ..... S .......... ~ 4 O/0 ! !95 ~pivio Center Auditorium $90/hr $100/hr $~/hr $40/hr $~/hr $~/hr $65/hr $~ ~ ~I/91t2/00 Easiest $50/hr $~hr $50~hr $35/hr $~/hr $~hr $40/hr .... ~ !0/~12/00 Kitchen $10/day $10/day $10/day $10/day $10/day $10/day $10/day $ ..... .... 2/oo Hester ~Center Gymnasium $130/hr $150/hr $I !010~/hr $60/hr ~t00/hr $~hr $100/hr $~ ~ ~12/00 Meeting Rooms $70/hr $80/hr $60/hr $55/hr $~/hr $~hr $60/hr $~ $39/~r ~12~00 Kitchen $10/day $10/day $10/day $10/day $10/day $10/day $10/day ~, ~ ~12~p0 *Per Intedocal Aamement between the City of Bovnton Beach and SchoOl Board for Mutual Use of Recmat on Fac t es (R93-t53) 26 ;,ttiontRentsl=Fee~'~Non=ResidentRate~(in{= ~u'alS residittg OUtside the corporate limits of Boyn ) Beach] Facilities Commercial Commercial Commercial Nonprofit Nonprofit Nonprofit Private *School *Sc,~el Date Indoors 1 NR 2 _NR 3 NR I NR 2 NR 3 _NR l NR I NR ~-R Commissiof Approved Madsen Center (,~-,~. $,~ Hall $25/hr $25/hr $25/hr $20/hr $20/hr $15/hr $20/hr ~ ~ ~12/01 Kitchen $10/day $10/day $10/day $10/day $10/day $10/day $10/day $~.O!day~_ $4.0day -$0/05/9~12/01 T';;!ce!mcnt~ $7-6N~ -10!01 Senior Center ' ' .... Eoom Kitchen $10/day $10/day $10/day $10/day $10/day $10/day $10/day $~ ~ ~0/0~12/0( ............. ~ $75/~ Wilson Center ....... Gameroom $25/hr $25/hr $25/hr $20/hr $20/hr $15/hr $20/hr $~ ~ Meeting Room $~hr $~hr ~hr ~/hr $~hr $15/hr $~/hr $!5/h~ ~I~l~ ~2/0[ Kitehen $10/day $10/day $10/day $10/day $10/day $10/day $10/day ~'~ ~ ............... , $~ OO/yr ! 0!01/~ Additional Fees: Damage Deposit: $100 oer evenl (Range: $50-$100/event) Custodial Fee: Required when food is being served or when clean up required by City personnel. (Range: $30 - $120/day) Staffing Fee: Will vary based on duration of event and staffing requirements, and day of week. (Rate is Non-Profit Re=urar Group Meetln;Is:Based on facility avallabirity, (Ranae: $76 - $150/V0 ~or p"blle-se~co!s n~cc~;L",g 9oyntc~ 9~et: *-*.'.'~cnt~, *Per Interlocal Aoreement between the City of Bovnton Beach and School Board for Mutual Use of Recreation Facilities 27 Fee Class[ ~tion/Ret~tal Fees: ~Non~Resident Rates (inc. duals residing outside the corporate limits of Boyn Beach] Facilities Commercial Commercial Commercial NOnprofit Nonprofit Nonprofit Private .*Schoo ,.i~,. ~,....ei Date Outdoors t NR 2 NR 3 NR J NR 2 NR 3 NR t NR I NR ~ Commission Athleti'c Fieldsr ~ Approved ~ ..... on Pence/GalaxvNVilson $20/2 hrs $20/2 hr$ $20/2 hfs $,10/2hrs $10/2 hfs $10/2 hfs $10/2 hfs $ .... ,_0 e?,~.,, ~,0/0!/9!1;~/00 C=~mla~ ~n~. · · ..... Hester $25/2 hfs $2512 h~ $25/2 hfs $15/2 hfs $15/2 hfs $15/2 h~ $15/2 hfs $~..,..~e~a~" ~OJO~/~2100 Light Fee Hester ~R/hre~/~" ~6/hre~"~ ~6/hre~ol"~ ~6/hr~m~,, ~6/h,e~l ,~6/hr~ $6/hr~ 12/00 All other fields ~3/hr ..... ~ e3/hl~*~ n~*' ~3/h"ee~' -~ Y ~ 12/00 ~, ~ ..... ~ ~ ....... $3/hr -~,, Picnic Pavilion $3/hr Rates for all day $25/day $25/day $25/day $25/day $25/day $25/day $25/day $ ..... ~ ~ .... , .... 12/00 Holiday Rate $50/day $50/day $50/day $50/day $50/day $50/day $50/day ~ ~.....~e~nl~,, ~1,2~00 Wilson Pool~ $50/hr $50/hr $50/hr $50/hr $50/hr $50/hr ' $50/hr '~50)h~ $501~ ~12/00 One time use $50/hr plus lifeguard Additional Fees: Damage Deposit: Custodial Fee: Staffing Fee: **Wilson Pool: Field Preparation: $50 per event for each facility excluding athletic fields, Required when food is being served, or when clean-up required by City personnel. $30-$120/day Will vary based on duration of event and staffing requirements, and day of week. Rate is $20-1-S/hr. Additional lifeguard fee of $15/hr is required for pool rental, $40 - $50/field for tournament play *Per Intedocal Aamement between the City 0f Boynton Beach and School Board for Mutual Use of Recreation Facilities (R93-153) 28 Requested City Commission Meet/neDates [] November 21, 2000 [] December 5. 2000 [] December I9. 2000 [] January 2, 2001 NATURE OF AGENDA ITEM V-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM D. 1 AGENDA ITEM REQUEST FOR ,. Date Final Form Must be Turned in to City Clerk's Office November 9, 2000 ~5:00 p.m.) November 22. 2000 (5:00 p.m.) December6, 2000 (5:00 p.m.) December 20. 2000 (5:00 p.rc0 [] Administrative [] Consent Agenda [] Public Hearing [] Bids Requested Ci/y Commission Meeting Date~ [] January 16. 2001 [] February 6, 2001 [] Febmary 20. 200I [] March 6, 2001 Date Final Form Must be Turned in to City Clerk's Office January 3, 2001 (5:00 p.m January 17. 2001 (5:00 p.m. February 7,200I (5:00 p.m.) February 21, 2001 (5:00 p.m. Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the December 5, 2000 City Comm/ssion Agenda under Consent- Ratification of Plannlng and Development Board action. The Planning and Development Board with a 6-0 vote recommended that the subject request be approved (there are no conditions recommended by staff nor the Planning and Development BoardL For further details pertaining to this request see attached Department of Development Memorandum No. PZ~00-258. EXPL~NATION: PROJECT NAME: AGENI: OWNER: LOCA'I~ION: DESCR~TION: BOYNTON SHOPPES PCD (SIDE YARD SETBACK) Robert E. Basehart, Basehart Consulting, Inc. Boynton Shoppas, LLC 1620 S. Congress Avenue Request for relief from Chapter 2 Zoning, Section 5.F.7.e. requiring a minimum 30 foot setback to allow a 17.5 foot variance or a mmLmmn 12.5 foot side yard setback within the Boynton Shoppes PCD. PROGRAM IMPACT: N/A HSCAL IMPACT: N/A ALTERNATIVES: N/A Planning and Z~nl~g D/rector Deve~m~nt l~ep~tment Dkector City Manager's Signature City Attorney / Finance / Human Resources DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 00-258 STAFF REPORT FOR PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION No~ember 13. 2000 REVISED Meeting Date: .NOVEMBER 28. 2000 File No: ZNCV 00-013 Iside yard setback~ Location: 620 S Congress Avenue Agent/Owner: Robert Basehart. Basehart Consu!tng Inc. Project: New commercial retail building at Boynton Sheppes PCD Request; Request relief from the City of Boynton Beach.[~and Development Regulations, Chapter 2 Zoning, Section 6, F.7.e., to allow a l~5Cfoot side yard setback reduction from the 30 feet required within the PCD zon~ing district, for a 12.5 foot side yard setback. BACKGROUND The property that corresponds with the subject request is currently zoned PCD, Planned Commercial District, and includes the addition of 3,000 sauare feet of retail space to the existing Boynton Shoppes PCD. This PCD was approved n September 1997, and is Ioca:~ed on the~ east side of Congress Avenue approximately 200 feet south of Woolbright Road. The PC.D. ,,wraPs around the existing Amoco/Mc Donald s station located at the intersection (see Exhibit A - Location Map). Boynton Shoppes PCD has been developea with an oil change facility, a tire store, an auto detail shop, and retail stores that totals 18,530 sc uare feet. The built portion of the project is oriented toward Congress Avenue, with the main access drive on Congress Avenue and a second access driveway connecting to Woolbdght Road. It is near this second access drive whereithe project, and the variance is proposed .(see Exhibit "B"- Proposed Site Plan). The subject var ance application is for relief from the Land Development Regulations Chapter 2, Zoning Section 6, F.7, to altow the proposed building to be c(~nstructed with a side setback of 12.5 feet. The property is also the subject of an application for rezoning and for new site plan approval to allow the constrJction of the 3,000 square foot building. The following s a description of the land uses and zoning districts of the properties that surroune this site: North -Woolbright Road right-of-way, farther north office zoned C-1; South -Residential multi-family, Christian Villas, zoned R-3; East -Suntrust Bank. zoned C-3; and West -Amoco gas station/Mc Donald's, zoned C-3. ANALYSIS The code states that the zoning code variance cannot be a apmved unless the board finds the applicatibn has been studied and considered in relation to minimum standards. These standards are listed in the Land Development Regulations Article X of Chapter 1. General Provisions, and are listed in each vanance application as items 5.a through 5.F. They read as follows: Page 2 Boynton Shoppes Memorandum No. 00-258 B C. D. E. F. That special conditions and circumstances exist which are ~eculiar to the land. structure or building involved and which are net applicable to oth~r lands, structures or buildings in the same zoning district: That the special conditions and circumstances do not result from the actions of the applicant; That granting the variance re(}uested will not confer on the applicant any special privilege that is denied Dy this Ordinance to other lands, buildings or structures in the same zoning district; rThat literal interpretation of the provis OhS of this chapter wou d depr ve the applicant of ights commonly enjoyed by othe~' propert es in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; That the variance granted is the minimum variance that will make possible the reasonable use of the land, buildi'ng or structure; .Thai the granting of.the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not b? injurious to the area involved or otherwise detrimental to the public welfare. The applicant's response to twe of the items are ndcated a cng w th a justificat on statement in Exhibit "C". The staff response to selected }terns areas, follows; a. That special conditions and clreumstances exist which are peculiar to the land involved and which are not applicable, to other lands; and Thai the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. According to the applicant, the property is object of special conditions peculiar to the site not found in other properties similarly zoned. Staff acknowledges the size restrictions of the parcel ~mposed bv its width, (as noted in the applicant's response to the standards referenced above). The width of' the parcel is only 117.3 feet, and since it is sandwiched between the Amoco/Mc Donald's project to the west and a retai~ bank to the east the proper~y :can not be expanded aha therefore its improvements are lim ted without the Variance relief sought. Further, one could state the City acknowledged the limitations of the size and configuration of the subject PCD when it approved the reduction in the minimum PCD acreage threshold, and rezoning of the subject property. Lastly, it should be noted that the applicant originally requested both a side-setback variance and a landscape buffer variance to accommodate both the building placement and a drive-through feature. Given the extent that the intent of the PCD regulations would be sacrificed, staff communicatec strong objection. In response, [he applicant eliminated the drive-through feature as well the buffer variance application. Finally, staff has focused this analysis on item "f" from the previously mentfoned list of minimum standards that states: Page 3 Boynton Shoppes Memorandum No. 00-258 That the gra~Tt of the variance will be in,harmony with,the general inteot and purpese of this chapter (-ordinance) and th~~t, such-vbria~ce Will',~ot b~ injufiOu~ to the,are~ involved or otherwise detrimental: to the pubtid welfare. ' As also indicated in the proposed use. retail. building ; to the listed standards, the 3 zoning ais[dct, on a nce sought. With applicant, ¢14% the land developmen¢. Staff expects that negat ~e4 in icts, w~hich would.,,l(kel~' 0nly be~a ~ere ;congested appearance, will be minimiz.,? by the placement, he pr6p,~e~ bu:il~ng at t~e dis~nCe of 88-fOet from the pro~e~ line along~o~l~fi¢~:Roa, d,,~r~u : "' ' '-" '~ .... ' ' ~" ~ ' ' ' ' g ,~n a ~r0jeet wit5 a a~e ogen area t9 ~e' f~t ~ m lar [o the ex st ng businesseSat~othsdeS.~h '~ . . . .;, ~-;-, , ,,,, . ,~; . ~tail bank w~th dn~¢~m'~o (he ea,st 8n~ ~he gas:.stat~on to:the west- thus keeping both the,des~n as~ ~e~se tn h~rmon~ ~ ~h't~e a(¢~ TQ furor AnY ~t gation needs the ~thngness to ~nteesi~ the e~is~ n:g ~¢~aplng atong common prope~ li~es within the P~r meter bi fer. ' .... CONCLUSIONS/RECOMMENDATIONS Based on the analys~s contained herein, staff feels that by d?n~in the requested variance the applicant will be d'eprived 0f the ability~.to~deveJ~ut tlhe p~perb~ It ~ppears that sufficient space exists to design a smaller building; however, a ~rth~;~ ~e~J~!~i ir h~ ~idth of the building would render it too small to be of ~ competitive ~e i;n (l'ie r~etai£ ~a~k~t. · ~ ~Oposed project is otherwise consistent with the general provisions r~Or ~evelo~nh~n.t ir~ a i~CD: ,n ~g ~iistrict, and will not jeopardize the continuity or'the existing streetscal~. T~eref0re, sta~re~ci~rr n~that th s request for relief from ~he zoning regulations to construct a commercial building witli ~ ;I ,~ f~(~t s'~lb Yard setback be approved~ No conditions of approval are recommended; however, 8ny conditions recommended by the Board, or required by the Commission, shall be documented in Exhibit "D" - Conditions of Approval, Attachments MR/dim $;/Planning~SHARED'tW P\P RO J ECTS\Boynt ~n Shopl=es (ZNOV Side Setback ~ewsedSTAFF REP PZ 00~258.doc LOCATION MAP BOYNTO'N SHOPPES EXHIBIT,A __.' ~ [:.;. "--r.-, ~-h~ ._. 1=13 1/8 MILE,' -~ ,,8,, J_ISIH,×~ ...... EXHIBIT !'B" Sig~ 735 Out ADTt 4-O 3£ '-REQUIRED HANDICAP ACCESSIBLE ROUTE S87°¢0'08"W ' ' 7.3' Visibility -- Tricngles I o I Green De~z-,x Buffer BOX UGHT LOCATIONm \ sox u~tj' Curb Cut- and Ram Required 27' BOX LOCATION ? F.F'IE Building Loading Are 12' x 35' f! A /~-Ou, pster h.x~"/~, M,n. 10' x I(Y ,1 I '1 2.5' I Side ENTRYS SHALL BE HANDICAP ACCESSABLE -yp. Reauesre~ Setback 10' Greenoe~; 8u ffer E×HIBIT "C" BOYNTON SHOPPES SIDE SETBACK VARIANCE REQUEST JUSTIFICATION STATEMENT The purpose oft~s request is to obtain approval ora variance from the pro~ uisions of Sec.~F.7.e cf ~e ~Z0ning Code (side interior setback), to allow a 12.5 foot setback in. lieu of the normally, required 3o mot .setback;' to accommodat¢ the development of the final portion iof the Boynton Shoppes PCD. The project is located on the east side of Con~ess Ave., approx/mately 200 feet sOUth of ~oolbti~_ht .Road, adjacent to the s~uth side 6f an exis~Lug Amoco ~tation/McSon~ids '~-Jma[ is lo'C "ated at ~-e ~n,m[,s, ec. ti.on._ ~e p~oject .wraps around the ~CO/IVIqD~r/alds .facility and extends northerly to womrmglat Roadt i ne praject ~ been deVelop~d wifl5 ~'oil'chan~e ~cilim a ~e ~x,2 o,,,~ ~.~;~ shop a~,~d..re.t,~l ~r~s .tl~attto~ 15,530.9 square ~e~t~nd;.al!-orient t~ Congress ~venuei Anienu-ance ana exit anve cormectmg to Woolbright l~oadhas al~o beer/construCted, i This applica~on relates to :the po!~on of the p?operry that~ extCn~m ~ primary development area t.o Woolbright Ro~. The width of the prope~ is only 1 li~7~3' feet andiis sandwiched, between the ~moco/McDonalds project on the west and a r~t~l bank fa~ilitv to the east. The mrS% .site adjac.ent ~o the subject parceI is used as~ .a¢Ce~Ss driv~.fOr'~i/~eir dr/~in te~ler~-s. ~s proposm? to construct a 3,000 isquare foo~ b~dlding in thc area between the entrance drive to the overall project and the east property line. The Pr0posedlmilding will be 40 feet wide and 75 feet deep. The huildMg will house one or two retail tenants: Un~nunately due to th~ severe site c. ons,traiilts impassed by the widfia of. the p~op~, Which can not be expanded du~ to ~xisting aevempmem ~n both s~des; a usable building ~ not be de+eloped without the variance ~eliegsough~ The proposed building is one story, is o. nly 75 feet long ag~d is adjacent to a large .o. pen. area on the bank property to the east. The granting of ~e reqt~esi~d .setback variance wili n6t create an unacceptable reduction of light ora[r, nor will it.create either a physical or visual imposi~on on the adjacent property. The applicant believes that there are special conditions, hardships and reasons that justify the requested variance, as follows: The.re are special conditions and circumstances that are peculiar to the land and the business involved that are not applicable to other lands and businesses in the same zoning district As noted above, the width of the property is only 117.3 feet and is sandwiched between the Amoco/McDonalds project on the wes~ and a retail bank facility to the east. Due to the severe site constraints imposed by the width of the property, which can not be expanded due to existing development on both sides, a usable building can not be developed without the variance relief sought. The location and physical constraints affecting the development ofthls site are unusual and can nor be resolved without the relief requested. The use proposed for the building is permitted in the PCD zoning district, and the proposed development complies with all Code requirements except the one provision from which retiefis sought. Boynton Shoppes PCD Variance Justification Page 2. Literal interpretation of the provisions of Sec. ~F.7.e of the Code would deprive the applicant rights commonly enjoyed by other properties in the same zoning district under terms of riffs Ordinance and would work an undue hardship on the applicant Without the approval of the requested variance, the applicant would be deprived of the ability to develop the subject property with a usable building and allowed uses commonly enjoyed by other properties in the PCD or other commercial districts. The unique physical characteristics of the subject property as it relates to width and adjacent uses, and as described above, justifies the requested variance. The special conditions and circumstances making this request necessary do not result from actions ortho applicant. The applicant purchased the property in question in the configuration that it currently exists, with adjacent properties already fully developed. The existing enu'ance road to the balance of the Boynton Shoppes prqiect does not represent a self created hardship, because if this entrance road did not exist, the apolicant would have to construct an entrance and develop on site parking and circulation independently, which would result in the same limitations and impediments facing him presently. The granting of the requesxed variance will not confer on the applicant any special privilege that is denied by the Ordinance re other lands or similar businesses in the same zoning district As discussed above, there are very few locations withhu the City that are faced with the same limiting conditions. The applicant is not requesting any uses that are not normally permitted and the proposed site plan complies with all requirements of the Code, other than the one variance sought. The requested variance is the mlnim~xrn necessary to make possible a reasonable level of identification for the proposed use. As discussed above, the proposed building is only 3,000 square feet in size and is only 40 feet wide. A reduction in the width of the building would render it too small to be usable. Further, due to the width of the site, and the inability re acqu/re any additional land, there is no way re reduce the variance sought, without creating the need for other types of variances. The granting of the requested variance will be in harmony with the general intent and purpose of the Code and will not be injurious to the area involved or otherwise detrimental to the public welfare. It is the intent of the Code to allow businesses in the City to have adequate developable area to operate viably, but to provide appropriate separation between buildings. As noted above, the bank facility located re the east is fully developed and its physical building improvements are located substantially further away from our common property line than is required by the Code. Consequendy, the separation of buildings that will result if the requested setback variance is granted will be far greater than is required by Code, and therefore does not violate the intent of the Code; Boynton Shoppes PCD Variance Justification Page 3. To mitigate any potential impact o£ our requested reduction in width, the applicant would be willing t.o.int.e ~r~.? the a?~.ount 9£p! ,aa~ materi .at. in ~our eastem.pe ';rim~eter bnff~ a..djacent to the building, ~ the C~ty feels Such ~S neCessary` H~wever, it is, 0ur opiniqn that intensification adjacem to.~e mature landscaping o~ the .adjacent ,sites: is. ~0t ~ne.c~e~say. to. ~tablish a meanin~eul visual separation of acu. vmes..,C, ons~a?~e. :u~ qU~,c~[~,stance$ facm~.~s p~peny,.approval, of the requested variance roil not memte me mtant o~the Code; EXHIBIT "D" Conditions of Approval Project name: Boynton Shoppes File number: ZNCV 00-013 (side yard setback) ~de Vari~ ,lication dated Jul, 12. 2000, DEPARTMENTS LNCLUDE REJECT PUBLIC WORKS X Camments: None UTILITIES Comments: None X FIKE Comments: None X POLICE X Comments: None ~ ENGINEERING DMSION C ........ ents: None X BUILDING DIVISION Comments: None X PARKS AND RECREA~ON Comments: None X FORESTERJENVIRONMENTALIST Comments: None X PLANNING AND ZONING C,.,,nents: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. Comments: None X ADDITIONAL CITY COMMISSION CONDmONS 2. To be determined. MWR:dim S:\PLANNING\SHARED\WP~PRO JEGTS~BOYNTON SHOPPES {ZNCV SIDE SETBACK~\REVISEDCO N D. OF APPR P&D.DOC PROJECT NAME: BOYNTON SHOPPES APPLICANT'S AGENT: Robert E. Basehart. Basehart Consulting APPLi CANT'S ADDRESS: 1620 So. COngress Avenue DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2000 TYPE OF RELIEF SOUGHT: Zoning Code Vadance - Side setback LOCATION OF PROPERTY: 1620 So. Congress Avenue X THIS MATTER came before the Cty Commission of the City of Boynton Beach, F orida appearing On the Consen~t Agenda on the date abOVe The City Commiss on hereby adopts the fin~ings, a~d !recommendation of the Planning and DeveloDmer~t Board, which Boa~'~ found as follows'. OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: App cation for the relief sought was made by the Applicant in a manner consistent with the requ~raments of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made n accordance with the terms and conditions of this order. 7. Other DATED: S;\Plennmg',SHARED\WP~ROJECT$\Boynton $hoDpes (ZNCV Side Se{backJve'~sedDevOrd~' Ce.doc City Clerk November21, 2000 [] December 5 2000 [] December i9- 2000 [] January 2, 2001 NATURE OF AGENDA ITEM V-CONSENT AGENDA ITEM D.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR v, Date Final Form Must be Turned in to Clw Clerk's Office November 9. 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6. 2000 (5:00 p.m) December20, 2000 ~5:00 p.m.) Requested City Cormmsston Meeting Dates [] January l6,2001 [] February6,2001 [] February20, 2001 [] March 6, 2001 [] Adminislrative [] Consent Agenda [] ublic m -i g [] Bids Date Final Form Must be Turned in to City Clerk's Office January 3. 2001 (5:00 p.m.) January 17. 2001 5:00 p.m.I February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on ~ December 5, 2000 City Co.a.ission Agenda under Consent- Ratificafiou of planning and Development Board acfion~ The Planning end Development Board with a 6-0 vote recommended that the subject request be approved subject to staff comments and the modification of comment number 16 to add waiver reference and to prohibit encroachment into easements; omit comment number 40; and to clarify that comments number 46 through 49 are recommendations only. For further details pertaining to this request see attached Depaxtment of Development Memorandum No. PZ 00-291. EXPLANATION: PROJECT NAMe: AGENT: OWNER: LOCATION: DESCRIPTION: GROTTO BAY ~ BERMUDA PLACE Join Brinlcman_ AICP, Winston Lee & Associates, Inc. Quantum Park & Village, LLC The east side of Quantum Lakes Drive, south of Gateway Boulevard, lots 59 through 61, Quantum Park PID Request for Technical Site Plan approval for 15.16 acre POD in the Quantum Park PID. The Mixed Use POD will contain 272 multi-family residential rental units and requtte code waivers pursuant to Ordinance 00-52. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~nn, g end Zoding Director City'fx;lanager's Signature City Attorney / Finance 1 Human Resources DEVELOPMENT DEPARTMENT MEMORANDUM NO.~ PZ 00-291 SITE PLAN REVIEW STAFF REPORT PLANNING AND DEVELOPMENT.BOARD AND CITY COMMISSION November 10, 2000 DESCRIPTION OF PROJECT Project Name/No.: Quantum Park Grotto Bay at Bermuda Place (Lots 59~61)lNWSP O0.016 Property Owner: Quantum Park & Village, L.L.C, Applicant/Agent: Quantum Park & Village, L. LC./Winston Lee, Winston Lee & Associates. Inc. Location: Lots 59-61 Quantum Industrial Park Land Use/Zoning: Industrial/Planned Industrial Development (PID) Quantum Park DRI Land Use is Mixed Use - MU Type of Use: Residential Multi-family pro)ect size: Site Area: 15.18 acres (660,397 square feet) Dwelling Units: 272 Adjacent Uses: (see Exhibit "A" - Location Map) North Lot 62 Quantum Park, vacanT, zoned PID; South Lot 58 Quantum Park, zoned PID. being developed for office use; East Quantum Lakes Drive and farther west, Water Management Tract "P" and Tract "Q' Quantum Park; and West A Water Management Tract and the Sand Pine Preserve in Quantum Park. Site Characteristics:The subject vacant parcels within the Quantum Park PID contain various trees and undergrowth characteristic of disturbed scrub habitat. Exotic species include Brazilian pepper, earleaf acacia, and Australian pine. An environmental assessment done in October 1999 ,dentified vadous native trees on the subject lots including 17 Sand pines, 60 Slash pines and ten (10) Scrub oaks. The report indicated that a gopher tortoise population of approximately 11 individuals exists in the survey area [hat includes the subject Pots. No wetlands were observed on the properly. Proposal: The developer proposes the construction of eighteen (18), two-story buildings containing 272 rental apartment :units. The proposed multi-family residential development includes Quantum Lots 59 - 61 located on the east side of Quantum Lakes Ddve (see Exhibit "B" - Proposed Site Plan). In February, 2000 the Quantum Park DRI Development Order Amendment ¢~10 changed the land use designations for parcels 59 - 67C to allow "Mixed Use" that permits office. commercial and residential uses. The total number of residential dwelling units permitted n Quantum Park is five hundred (500). In conjunction with that amendment the city's PID zoning category, permitted uses section was revised to include "recreational and atfractions as defined for the industrial land use classification, multi-family residential, and mixed use residential/commercial uses in PIP?--. totalinq a mimmum of 500 acres': The prohibited uses section was also revised to read & follows: "F. USES PROHIBITED 1. Residential uses with the exception of accessory hotels or motels. Multi-family and mixed use residential/commercial uses are allowed in PID's with gross acreaqe totalinq at least 500 acres: The subject site represents a residential Page 2 Quantum Grotto Bay at Bermuda Place Site Plan Review Staff ReDor~, Memorsnaum No, PZ 00-291 Concurrency; a. Traffic- b, Drainage- Driveways: ' '~¢~rking Facility: Landscaping: component of a conceptual Master Plan described as QuanTum Village now known as 'Bermuda Place", A traffic statement for this project was submitted and approved by the Palm Beach County Traffic Division. Conceptual drainage information was provided for the City's review. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review. The major entrance for the project will be located on Quantum Lakes Drive. The entrance has a 45 foot opening that accommodates a 15 foot entrance drive, a 15 foot exit ddve and a 15 foot median separating the two drive aisles. The dnvew~y terminates at a circular round-about which provides north and south access to the project. The proposed entrance ddveway width is larger than the 32 feet maximum allowed by code. An administrative waiver is required to permit this 45 foot driveway~ One additional ddveway is proposed to be located at the north end of the .site. This will be a 25 foot exit only, controlled by an automatic gate. Two-way emergency access will be provided at this location via Knox box. This driveway will provide access onto an off-site internal project roadway connecting to Quantum Lakes Drive. A total of 556 parking spaces are required by code for this project. This is based on the PUD parking requirement of two (2) spaces per unit plus 12 spaces for recreation facilities and the leasing office. The proposed site plan provides 505 parking spaces. The applicant has calculated parking using a formula of 1,75 spaces per unit with an additional five percent (5%) of the total allocated for guest parking. A total of 505 spaces are proposed including 12 handicapped accessible spaces· Of this total, 114 spaces will be provided in garages and 391 will be provided in the surface lots. Parking space dimensions will conform to code requirements of nine feet by eighteen feet except for those spaces provided in front of an enclosed garage space. These spaces vary in width up to four (4) feet less than the required 12 feet for these types of spaces. The parking area design does not meet the city's code regarding the 27 foot minimum drive aisle width. The plans show a 25 foot drive aisle throughout the project parking area. Code waivers are requested to allow a reduction in required parkinq, in parkinq space width and in drive aisle width. The landscaping proposed for the site will meet or exceed the code. The 20 foot buffer area along Quantum Lakes Drive includes existing oak trees planted 25 feet on center. Adjacent to that is proposed a five (5) foot sidewalk followed by a five (5) foot landscape buffer. No plantings are proposed for this landscape buffer. Buildings are positioned closer to the property line than normally permitted for this type of development. Extensive foundation plantings are proposed for all of the apartment buildings. A five (5) foot landscape buffer is provided along the north property line and will include live oak trees planted 20 feet on center and a two (2) foot high viburnum hedge. Grotto Bay is proposed to transition into the future mixed use development directly north on Quantum Lot 62. No rear yard landscape buffer is provided where the project abuts the Water Management Tract and the Sand Pine Preserve. Instead a five (5) foot sidewalk meanders along the rear property line. Page 3 Quantum Grotto Bay at Bermuda Place Site Plan Review Staff Repor~ Memorandum No. PZ 00-291 A five (5) foot landscape buffer is proposed along the south ,property line. No p antings are shown in this landscape buffer. The parcel to the south is developed as office. The Land Development Regu ations. Chapter 6 Article ; Sect on 3 requ res a five (5) foot maso~qry wall .or landscaped ctiaih ink fence separat ng resident a from commero~ a'nd ndus~ development. No perimeter fence or wall iS pr0~)QSed. ?.stead the app cant proposes, to create a landscape buffe~ area on the adjacent Parsel 58 which is not par~ of this application. A code waiver is requested to eliminate, the~'bufferwall4'equirement Building and Site: Grotto Bay.will be one component of an overa master plan for Bermuda P ace. Recent y the City CommissiOn adOpt.e,d Ordinance No. 00-52 amending the Land Deve opment RegUlations Chapter 2 S~,c,b..o,n '7; Planned ndustda Developr~ents to a ow mixed use: poSs in a PID ,(see Exhibit C ). The oCdinance outl nes Special subm ss on requirements,,' procedures;:fo~: review and. f~)r waivers from-standard development regulations. This: application is considered a "technical site plan" as defi8ed-by the ordinance A tota of eight,'. (8) waivers are requested in conjunction with;this submit;~al. In add tion to the wa vers' discussed above the a~pp icant s ~'equesting,waivers for setbacks and bud ng separat on requirementS: A t s~ 0f ~fJ~ requested;WaiVerS, is located on the s te plan as requ red by thel neWly adopted wa~r probe~tures~ and the requ re~i :justfication statement s ocated n Exhil~it "D"!o,t, ~his report. All other ,building a~d Si~ regulatk)ns, w be met when staff! comments are incorporated into the permit drawings. Code waivers are requested, to allow,', ,enc¢oaJ~hment into the 15 foot utility easemert,, reduced ,rea~ yard SetbaCk for a' 12odli reduce~i:b~ilding separation requirements an,'l reduced front,~rear and side ya¢d setbe¢t(s~as re~dl?e;cL by [SID district requlations. Community Design: The project consists of 18, two-story a~artment barildings The bu Idings are designed with pastel colored stucco faCades and White' cement t e roofs. Other f~9ade enhancements include covered porches, shuttered windows and textured banding. Several buildings are located close ,to the road providing a more traditenal ne ghborhood ook. Sidewalks are provided throughout the d~elopme~t as:well a~ u~h labd§caping around the buildings, the recreation fac tes abd co~mo~ areas. Because a res~dehtial project in a PID is unique, no set design pattern exists. Signage: The proposed project'is one component of a mixed used project planned for 62.38 acres in the Quantum Park PID. The master plan has not been formally submitted to the city. However a conceptual master plan was presented at the time Of the approval of amendment #10 to the Quantum Park DRI. At that time, the mixed, use development was depicted to staff, to the city and the Treasure Coast Regional Planning Council as "New Urbanism" which would incorporate traditional neighborhood design concepts. The current plan lacks certain basic principals of TND. Staff has provided design recommendations in comments ¢f-43 through #46 in Exhibit "E" - Conditions of Approval Project identification signs are proposed for both sides of the ma n entrance. They will be located on the six (6) f~ot h:gh entrance walls, Signage w comply with the Quantum Park Master Signage program at time of permitting ~ Page 4 Quantum Grotto Bay at Bermuda Place Site Plan Review Staff Re~or~ Memorandum No. PZ 00-291 ~ECOMMENDATION: Regarding the requested waivers, staff does not support the setback waiver impacting the utility easement along Quantum Lakes Ddve (Conditions Comment #37). Portions of the roof for buildings #18, #2, #3 and ¢¢4 encroach into the utility easement by approximately two (2) feet. City regulations state that no portion of a building may encroach into a utility easement. This is required to prevent damage to the building in the event that repairs or other work is required in the utility easement. The site plan can easily be adjusted to eliminate this encroachment. Staff recommends that the site plan be revised to meet the requirement. Staff also objects to the buffer wall waiver request (Conditions Comment #36). The buffering proposed for this area is located off site .on Lot 58. This lot is developed for office use. There is no quarantee that these improvements will be provided. The buffer wa s required to separate the residential ,uses from the commercia uses for a vadety of reasons including aesthetics, privacy and security. The site plan shows a five (5) foot wide landscape buffer to be planted with grass only. No fence or landscape barrier of any kind would be provided on site along this property line to separate the office use from the residential use. A fence could easily be covered with landscaping to conform to the project's proposed design program. The Grotto Bay development will be the southern boundary of what is proposed .as "Bermuda Place" the 62.38 acre mixed use development. This proposed mixed USe development, which includes residential uses; is not CharacTeristic of traditional PID's. Athough it is desirable that the mixed use development be co, mpatible with the existin§ development in Quantum Park, buffer ng of uses is still desirable to .protect 'the integrity of both business park uses and mixed uses. Therefore, staff recommends that Grotto .Bay provide al!Proposed buffering on site. Staff has reviewed the other waiver requests and. has no objection. The following is a bdef assessment of the '-ma~mng six (6) waiver requests. Parking Lot Drive Aisle Width - Staff concurs with the applicant's justification. Reduction in Required Parking - Staff concurs with the applicant's justification. For review purposes, the Grotto Bay pod resembles a PUD development. 'f:he oity's current PUD regulations require two spaces per unit. Several other multi,family residential projects.have requested vanances regarding required parking. Staff is in the process of processing a code review on this issue and would favor a more flexible requirement. Parking Space Width - Staff concurs with the applicant's justification. Reduced Rear Yard Setback for the Pool- Staff concurs with the applicant's justification as long as all building code requii'ements regarding pools are met. Reduced Building Separation - Staff concurs with the applicant's justification. For re,view purposes, the Grotto Bay pod resembles a PUD development. The existing PUD regulations allow flexibility for setbacks, as they should, for this type of development. Reduced Front, Rear and Side Yard Setbacks - Staff concurs with the applicant's justification. For review purposes, the Grotto Bay pod resembles a PUD development. The existing PUD regulations allow flexibility for setbacks, as they should, for this type of development. Staff recommends that this site plan request be approved, with the exception of two waiver requests discussed above, subject to the comments included in Exhibit "E" - Conditions of Approval. The Technical Review Committee ~,,_~.RC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for ilding permit. xc: Central File S:\Planning\SHARED\WP\PROJECTS\Quanturn Park -Grotto Bay @ Bermuda Place\STAFF REPORT Quantum Park -Grotto Bay.acc LLAGE N DRI Master Plan Land Uses Commercial COMM Industrial IND Govemmental/Insti4ut~ona] ~ Office [-~ O[fice/Induslrial [--~ Office/Industrial/Commercial ~ Office/Indu strial/H otel Wetlands ~ Sand Pine Reserve Roads [_~n Space Parks ~ Lakes ~ Detention Quantum Corporate Park FIGURE '~ dno~o ./ dno~D u§!m0 "IIOUUDA.JB~Dd ::1 M¥~EI -- ;::INO ad,g. ~DNIG-IIn8® NOLLYA:=I-I:I JJ-I~Olt:l - :=INO ~aAJ. ~NICI-IIn NOI I yA.~-i~ .LNOI~-I NOU.VA_.:.~-I=~ aV~u - OA~L =~u, fl. ONla-iin~(~ -'NOLLV/L~"I:::I I.-I::r-[ - OMi. ~d,Ll. NOLL¥~-I~ .LNO~I=~ - NOLLYA=I-I:I MV::II:I - :I=II:II-LI_ I I / / b -r X ill NV-la I~O0-F..I J-~l:::l - 1:11'30--I ::::ldA_L ONIQ"llnI=I X 722 ':~'os o~ ~auv lwml NV'Id IdO0-1~ -'I- X U.I EXHIBIT "0" ORDINANCE NO. O 00-52 A~ ORDINANCE OF THE CITY COMMISSION O~ O BOYNTON BEACH, FLORIDA AMENDIN~/'7~ z oF THE DEVELOPMENT 7, PLANNED INDUSTRIAL DEVELOPMENT DISf~TS,'0~ ? z¢ '~"~n.¢,t/i// MALLOW M XED USE PODS OF COMMERC AL" i , ULThFAM/LY RESIDENTIAL AND OFFJCE/PROFESSIO~A'E";.',~ ~ USE IN P~NNED INDUSTRIAL "~ ....... ' - DEVELOPMENT OlST~~ ....... PROVIDING FOR DESIGN GUIDELINES: PROVIDING SUBMISSION REQUIREMENTS: PROVIDING PROCEDURES FOR REVIEW: PROVIDING FOR ~ROCEDURES FOR WAIVERS OF STANDARD ZONING; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIV ~ DATE. WHEREAS. the City Commission finds if is in _'i'he best interest of the City, the reunify, and the public fo mod/fy the current provisions of the Land Development Regulations concerning Plant ed Industrial Development Districts, fo provide guidelines for residential components, fo facilitate rev,'ew, and to provide a means of review by the City Commission. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Chapter 2, Section 7, Planned Industrial Development DisHcfs s hereby amended by adding the words and figures in underlined type. and by deiefing the words and figures in struck-through type. Secffon A is amended to read: A. INTENT AND PURPOSE. A planned industrial development d/s~icf (PID) is established. The purpose of this district is fo provide a zoning ciassificaffon for light industrial development that will beffer satisfy current demands for light [ndusfr/al zoned lands by encouraging development which will reflect changes in the technology of land development and relate the development of lano to the specific site and TO conserve natural amenfffes. $:kSHRDATA\CA\ORD~,NIIXEDUSEi,~ODRevIOI(~O.doc Regulations for the PID are intended ro accomplish a more desirable environment for industrial development in relation ro existing aha/or future city develo omen~, permit economies in providing public services, allow for economies of scale in industrial development, and to promote the public health, safety, conven;ence, welfare and gooa govemme'-* of the City of 8oyn~on Beach. PID districts may contain Mixed Use ~ods with retail, commercial, office, and residential.comoonenfs, subiect to the des/an and approval criteria hereinafter set forfhi A new subsection P is created to read: P. MIXED USE PODS WITHIN APPROVED PLANNED iNDUSTRIAL DISTRICTS. The followina criteria shall a~)~ly to Mixed Use Pods ~oroposed for develoomenf within an aloproved PID: 1. Mixed Use Pod Components!and Definition A. For the ~ourpose of this subsection, a Mixed Use Pod is defined as a development proiecf jlocafed entirely within a previously approved PIP which, when corr olefe~ will have all of-the follow[na uses: I ) multi-family residential, 2) commercial/retail, 3) office and professional, :omponent of the Mixed Use Pod may include fee simple and rental dwellina units. A mixed use Pod is the aaareaate of all land within th~. PIP consolidated and desianated for mixed use. B. Definitions: 1. Master Site Plan. Master Site Plan is the conceptual plan for the entire. mixed use Pod with which individual technical site plans and build[nas as processed by the Technical Review Committee (TRC) are to be consisten?. with these 'sions aha revfewea consistent with fne process descfibe~l D. Uses Prohibited. Prohibifea uses shall be limited To those uses listed prohibited in the P.I.D. requlaffons, with the pad/f/on of adult entertainment uses; conditional uses as indicated ir the C-3 zonina district requlafions; drivo up, drive-in, and drfve-fhrouqh features except on financial institutions; an, outdoor sforaqe excludfnq outdoor display of: qoods, except wner~ specifically permitted in the above section. The approval of uses in a M/xed Use Pod sha~l be processed in ]ncfion wffh the review of each technical site Dian, except condiffonc:j uses shall require Commission approval. In the event a use is proposed thai is not listed under the allowed uses or the 0rohil~ifed uses, the DevelopmenI D/rector or h/s/her des[c/nee may aDpro\4e the use administratively as par of the site Dian approval process if the use is determined consistent with of the mixed use development. If the Director denies tho f shall have the rfqhf fo ,appeal the decision directly fo th~ Cih/Commission as provided in paraqraph~ 7 and 8 hereafter. E. Maximum Structure Hefahf. Mechanical eauipmenf which exclusively serves the structure shall not be included in the calculations of heiqhL 2. DesiGn standards for all components of ~'xed Use Pod~ forth herein below. Review and approval of a Mixed Use Pod shall be conducted of: a master site plan for the Mixed Use Pod 'hereafter "Master Site Plan") pursuant to the Technical Review process as set f:orfh in Chapter 4, LDR. NoNvffhstandina the provisions of Chapter 4 the contrary, the submission reauirements for the Master Site Plan are $:%SHRD ATA\CA\ORD%MUfEDUSEi~DD Rev I0160O.dac 2. Prooosea berms, watercourses and other [oooqraphic features. 3. A notation on method of irriqafion. Architectural desian sTandards showina the i~ollowfna: Oesiqn themes fo be followed. in ctudin g._m aterfals. 2. Buildfnq colors and color pallet options for pccessory desiqn elements. 3. All buildinq and structure maximum hefqhts, plus - heiaht of mechanico/ equipment. 4. Color elevatfon rendednqs depfcfinq representative de$ian conce~ts ap01icable fo all structures. A Tabular summary confaJninq: 1. Total qross pro[ect area by acreaae and square foofaqe and net buildable land area Jn acres and square feet. 2. Tofat number.of proposed residenffal units, which shall not be less than 750 square feet per unit, unless a wafver is obtafned as provided in paraqra~h P. 3 below. Proposed nonresidential floor area by type of us~ and total qross square foofaqe. 4. Number aaa rat[o of off-street parkinq SHRDATA\CA%ORD%MIX~D USSPODRev I 01600.doc 6 O. Other waivers to development requlafions, except for neiqhf, which requires an enablina Ordinance .as approved by the City Commission. The applicant snail [usfif¥ each waiver request in ~vrit[nq as part of the tv, aster Site Plan application. The nature of the request, the extent from which departs from the stanaard requlation, and the basis for which it is souqht shall be documented. Additional documentation acceptable fo the City, sucf~ as snared parKinq studies or parkinq stud[es iustiflr'inq a reduction request. may be requested by the city for their use in analyzinq the waiver requests. These approved waivers shall al)ply to individual Techniaal Site Plans. Master site plans and technical site plans, or amendments fo same, whicJ~ ponta[~ waiver requests shall be subiecf to the public requirements applicable fo a zon[nq code variance. 4. FolJowinq approval of the Master Site Plan for a Mixed Use Pod, subsequent modification of such Master Site Plan shall be subject to fh~ review/approval rules as follows. City Commission. approval is required fo, proposed chanqes which vfolate the proiect's previously approved min/mu~ or maximum square footaae of nan-residential use, increases in heiahi above that which has been approved by the Master Site Plan, increases in the maximum number of residential units as indicated on the Master tn, elimination of prfncfple open spaces and principle pedestrian IDlazas, chanqes fo approved architectural desian standards whereby propose~t architectural desiqn standards are inconsistent with approved architectural or increases in deqree of approved waivers. All othe~ revisions fo the Master Site Plan includinq, but not limited to, the relocafio~ of approved square foofaqe, conversion of square footaqe from on~ be processed in accordance with the provisions of $~A. above. Th,~ processinq and approval of any amendment to the Master Site Plan recluired as a result of the modifications To a Technical Site Plan shall be processe( alonq with, and in the same manner as, the processinq of the modffioafiort~ to the Technical Site Plan, unless the provisions of ¢araaraph 4 above woul( require City Commission a~proval. 6. Within ten (10} business days followinc/ TRC review of a maior modification of the Master S/re Plan, the review of a Technical Site Plan, o~ review o~: a modification of a Technical Site Plan, the Development Director or his/her desiqnee, shall issue a development order, [ncorporatinq th~'~ findinas of the TRC, which shall either approve:the submit[al as submit[ed, approve the submittal with conditions, or deny the submit[al, Once , development order is issued, the five (5} day review perfod has elapsed, an, ail conditions have been satisfied, individual build/nqs may be perm/fie, J individually. Buildinqs perm[fled sfffcfly throuqh the permiffinq process may not exceed the buildina envelope as shown on the approved Technical S/fo Plan· 7. The applicant, or any aaqrJeved or adversely affected party [o~ that term is defined by and interpreted under F.S. 163.3215) may requesl review of the development order, or of a determination by the Development Director or his/her desianee of inconsistently, or deny[ha a proposed unl[sfe~ J use~ by the Cihr, Commission. The request for review shall be in wrftina and filed with the City Clerk within five (,51 business days followfna issuance of th~ order. No development order shall be final until expiration of the five (5) day request for review period if no request for review is made, or the City Commission's disposition of the matter if a request for review is made· J':\$H-RDATA\CA\ORD~MIXEDU$IEPODR~v 1015/20.doc 10 SECOND, FINAL READING AND PASSAGE this I~/ day of October, 2000. CiTY Of: 8OYNT, Oi% BEACH, FLO. RIDA Vfce Moyor Mayor Pro Tern Alq'EST: · f: \S F.~,DATA\ CA~ O RD\MDCED rJ$ E;:~O D Rev 1.0 t d00.do~ 12 This application is requesting parking calculations based upon 1.75 spaces per unit with ~ additional spaces (24 spaces ~omt) for guest/m~scellaneous parking. The parking requirement for the lease office is included n the add t cna 5% One accessib e parkin space s required and prov dad. for the lease office The number of parking spaces n garages, parking areas and on the street are noted in ttie site data, on the site plan. A j~stification is being submitted herein in regard to th e requested dev ation. al req~ , E. - Request ng Waiver of 6'4" to rather than: the The property immediately adjacent to,,the ,,.poo Boyn~on: Beacl~ Plat No 6 as Tract A~I i a easement containing a lake. This tract was de Owner's Association, Inc. its successors or as s designated on the Quantum Park at ~ter ~anagement tract and drainage :tica~ed-to the Quantum Park Prope .rb.y signs, v~hich have no objection to tl~e reduced setback for the pool The grantir~g ¢ this waiver shall have no impact on' surrounding properties. The request simply al o~ for quality aesthetic design by placing the pool adjC;ca~t to the large c~pen body of war . T~e other two sides of the aka are; occupied b~the Sand pine preserve and the back of the screened Publix facility (over a 380' distance). Land Development Regulations Chapter 2, Sect 7, H.15. - Requesting Waiver of 2.5' to allow 22.5' distance between buildings rather than the reqair~d 25'. The. modifications to building separation are directly related to the creation of a more urban environment utilizing a more dense site than traditionally seen. Furthermore, the 25' separation is a P1D requirement, whereas the R-3, Multifamily Dwelling District utilizes only a 20' side yard. Land ,Development Regulations Chapter 2, Sec. 7, H. 16. - Requesting Waiver of 15' to allow a front ,setback of 15' rather than the required 30'; Waiver of 5' to allow a side setback of 15 rather than the required 20'; Waiver ofl a maximum of 15' to allow a rear setback of varying amounts up to 15' rather than the required 30' for residential multi- family buildings; and a Waiver of 25' to allow a five foot (5') setback rather than the required 30' for a clubhouse facility. The requested waivers to the PID zoning district front, side and rear setbacks are items which ~tre part of the design flexibility allowed under the m xed use development regulations in the Planned Industrial District. These ~vai~ers will altowthe innovative design Grotto Bay Waiver Justification Page 2 Transportation Planners and Engineers 2324 south co.¢~, ^~,,,. s.~te 7H West Palm Beach. FL 33406 GROTTO BAY Pinder Troutman Consulting, Inc. (PTC~ has researched various zoning and land development cc~es ~o identify th~ appropriate parking reeu~rement stanaaras for Grotto 8ay. I,n land devefop~ment.regulations and codes, it is usually very diff'~ult to find an exact matching of circumstances. I neremre' a sampling of availab/e land development codes has been se ected Locally, the Town of Juno 8each has a sliding scale for parkin in muJtid, ' depending on the total number of un:its ~,-- ,k~ ~; ...... :1 ~ _ . amlly developments units 21 to 50, reauim I 75 ¢'~ces i~--'.~.'-:-"'-~-'~:~u a.wem,~g unrts 2 parking ~paces are requ red, V~sltor park~n is cal'cu ~ i~. unit a~. all Units a.~.~e 50 provide 1,$ s aces er unit g L~ed at one space r 7 units, r ' ' P P ' spaces and average ~nnces ..... ~. ~_~ ,..__t_t~r_ .- ~ (Js, l~n~, .th~. r,o ,r~nula, the total number of parking ~- -r--- ~'~- -,,,~ ,~,- ~fv~zo ~ay are CalCUlaEe~ I:~elow. Grotto Bay Paving Requirements Un~_ ~ ~ A- =-. S:aees Per Un' 1 to20 2.0 40 21 to 50 1.75 53 50 to 272 1 .$ 333 '272 + 7 ~ 465 *- 272 = 1.71 Grotto Bay requires 1.71 spaces per unit. This is slightly less than the 1.75 spaces per unit currently proposed. The City of Austin, Texas has adopted a zoning ordinance for a Traditional Neighborhood Distr~t CTND), whL-'h also indudes parking requirements. Residential multi-family parking spaces are provided on a sliding scale based on number of bedrooms. The parking mCluiremenls for Gmlto Bay, calculated using these standards, are provided be/ow. Grotto 8ay Paving Requirements Austin. Texas Zonin~ Ordinance Units ~ Total S_~ One Bedroom 80 1 .O --80 Two Bedroom 148 1.5 222 Three Bedroom 44 2.0 88 390 + 272 = Avera -=S,aces Per nit 1.43 The proposed parking for Grotto 8ay at 1.75 spaces per unit is above the 1.43 spaces per unit calculated using b~e Austin, Texas TND standards. Page I ot'l 13-9-53 PA~ING. ' A. The following parking regulations apply in a Traditional Neighborhood District: A parking lot or garage may not be adjacent to a square or adjacent to or opposite a street intersection. 2. A parking lot shall be located at the rear or side ora building. If located at the side, screening shall be provided at the lot line by landscaping or decorative walls or fences. 3. Compact parking spaces are prohibited 4. There is no off-street loading requirement for a building with less than 10,000 square feet of gross building area. T~he Director shall determine the location, number, and dimensions of the Off-street loading for a larger building. 5. Except as approved by the Director, parking in alleys is prohibited. 6. Minimum parking requirements am as follows: a. Except as otherwise provided in this subsection, a commercml use must provide one parking space for 'eve~ 500 square feet of gross building area. b. X commerci~ use pa{king lot or g~rage must provide not less than one bicycle parking space for every 10 moti>r vehicle parking spaces. c. A condominium, multi-fa..mily, group residential, or retirement housing use must provide one parking space for the first bedroom ora dwelling unit and 0.5 parking space for each additional bedroom. d. A townhouse, single-family residential, duplex, group h~me, or family home use must provide two parking spaces for each dwelling unit. e. A convalescent services or congregate living use must provide one parking space for every four beds. f. A daycare services, primary educational facilities, or secondary educational facilities use musz PrOvide one parking space for each employee. g. The Director shall determ [ne the parking requirement for any use not listed in this subsection. A. The following parking regulations apply in a Neighborhood Center Area: 1. The required parking for a use may be located arffwhere in the Neighborhood Center Area. Community parking facilities are encouraged, 2. Not more than 125% of~e required parking fora use may be provided on-site. 3. A.co. mmereial or a multi-famiLy use may apply adjacent on-street parlfing toward the mmtmum parking requirements. A. In a Mixed Residential Area or Neighborhood Edge Area, the required parking for a use must be provided on-site. B. The Director shall determine the parking requirements for a Workshop Area ~or Employment Center Area. http:l/www, revlew, c~.austln, tx. us/tncl/'rND_tORD.l~tml 9/18/UU (5) non-residential development, providing for vehicular (automobile and bicycle) and pedestrian traffic. Existing non-residential developments adjacent to new non-residential developments shall be encouraged to provide internal cross access. Such cross access shall be provided in a rccordable instrument in a form acceptable to the Town Attorney. A non-residential development adjacent to a residential development may be required to provide a veh/cular anWor pedestrian access way if the residential development desires such connection. (c) An efficiant and safe pedestrian and vehicular (automobile and bicycle) traffic system shall be provided throughout the parking and other vehicular use areas. (d) The design, number and placement of such drives, access ways, and alleyways shall be subject to review by the Planning & Zoning Board and approval by the Town Council, and if applicable, county and state authorities having jurisdiction over such matter. Schedule of Off-Street Parking R~quiremenm. The schedule of off-strccl parking requirements is as follows below. The Town encourages the use of angled parking for ease of access to its residents. SCHEDULE OF OFF-STREET PARKING REOUIREMENT$ JUNO BEACH. FLORIDA SPACE I*d.5OUIRED PER UNIT (UNLESS OTHERWISE SPECIFIED IN A PARTICULAR ZONING DISTRICT) One (1) space per dwelling unit if 750 square feet (SF) or less. Two (2) spaces per dwelling unit if greater than 750 SF. Single and two-family dwellings and townhouses Two (2) spaces per dwelling unit. In addition, developments with 3 or more attached units, one (1) guest space shall be required for every 7 units. Multiple-family dwelling Two (2) spaces per dwelling unit for the initial 20 units; 1.75 spaces for each from 21 through 50; 1.50 spaces for units 51 and more. In addition, one (I) guest space shall be required for every 7 units. 5.40-3 Grotto Bay ~ Bermuda Place NWSP 00-016 DEPARTMENTS INCLUDE REJECT 5. Provide a new ingress/egress utility easement for the new proposed access - X ad into the lift staUon. A copy of the recorded mgres~/egress/utih.W,, easement shall be submitted prior to issuance of any building permits. 6. For all required residential district parking spaces not within an enclosed X garage, the first parking space shall be a mivJmum of 12 feet wide and 18 feet long, excinsive ofpubhc or private right-of-waY. [LDR Chapter 2, Section 11.] ('WAIVER P~QUESTED. JUSTIFICATION pROVidED FOR THIS CODE DEVIATION). 7. With the relocation of the 54 inch CMP drginage conduit, address the X proposed abandonment of the majority of the 12 foot Drainage Easement between Lots 59 & 60. A Copy of the approved and recoqrded abandomant shall be filed prior to issuance of any building permit in this area." 8. The 20 foot Utility Easement between lots 60 & 61 hms underneath several X buildings. Correct conflict, or address any proposed abandoment thereof. A ~opy of the approved and recorded abandonment shall be filed prior to issuance of any building permit in this area." Pollution retardant baffles shall be required for all drainage structures that X outfall to exfiltrafion trenches. Drainage structures must be large enough to accommodate the baffles and allow silt removal. 10. ~ro~de the City wmh an acceptable agreement regarding the encroachments X y ~e pool fence and paver stone walk and benches into the Water Management Tract. BUll,DING DMSION Comments: 11. Prov/de written verification that would allow the stone walk, seatin. area and stone deck/with aluminum fence to extend outside of the ~onertv l~e ~e X written verification shall be from the entity that controls ~ o'ff-si'te la~d as- described on the plat drawing that is referenced n the submitted survey. 12. Idenufy the proposed finish floor elevaUon that the desimu ¢rofessional has est.a.b, lished for the building within the footprint of the f~st 'floor of all -- X buildings, including the clubhouse building. 13. The location, type and size of existing and new easements ~hall be shown identified on the site plan. Where applicable, amend the p~ans so that X structures do not encroach into an easement. The site plan shows that there are buildings and slructures, including building overhangs, encroaching into easements. Amend the drawings accordingly. 14. At time of permit review, submit a copy of the recorded resolution that I X Grotto Bay @ Bermuda Place NWSP 00-016 DEPARTMENTS INCLUDt REJECT 20. As required by Chapter 4 Section 7 of the Lend Development Regulations, X submit a floor pten drawing of the clubhouse/lease office building Dimension on the drawing the overall height of the buildings. The overall height of the buildings shall be measured from £mish floor to the highest pomt of the.roof or parapet wall. The overall height of the building shall not exceed the height limitations of the Zoning Code. Also, provide elevation view drawings of all four sides of each Wpe of residential building. 21: At time of permit review, provide detailed drawings and documentation on X the plans that will verify the accessible route that is shown from the accessible parking spaces to the accessible building entrance and all common area facilities is in compliance with the regulations specified inthe Fair Housing Act. The documentation shall include, but.not be limited to, identif,fing the type of material proposed for the route, type of surface finish, width, cross slope, slope end length of the entire accessible route including, where applicable, lendings, ramps end hendrails. 22. Co.mpliance with the Building Codes will be evaluated at time of permit X rewew. The permit fee, water and sewer facility fees, Fire and Life Safety fees, County fees end State fees will be determined at time ofperJtdt review. 23. Permits are required to construct the improvements that are shown on the X approved site plen/conditional use documents. Permit application forms are available in the Building Division of the Development Department. A permit submittal checklist is available in the Building Division. The list identifies the basic documents that the Plans Analyst checks for when en applicant submits for permit rev/ew. PARKS AND RECREATION Comments: 24. The total recreation dedication credit will be calculated as follows: X 272 d.u.x. 015 acres = 4.08 acres ½ credit may be given against the requirement of land dedication or payment of fees. ½ private recreation credit will be calculated as follows: 4.08 acres / 2 = 2 04 acres The City is interested in expanding it's park properly in Quantum Park and would consider land adjacent to that site for recreation dedication element for this development. The Developer may want to consider dedication of the lend, or a combination of dedication end fee. ' 25. List on the site plan the .site elements for which recreation credit will be provided. 26. Since the property is not required to be platted, the recreation credit X dedication fee will not be due prior to the building permit being issued. C~rotto Bay ~ Bermuda Plgce NWSP 00-016 DEPARTMENTS INCLUDE REJECT 33. Site plan layout requires abandonment of a 12 foot DE and water X management access easement located between Tracts 59 and 60 and a 20 foot utility easement located between Tracts 60 and 61. Submit request for abandonment. Submit request for abandonment from City and Quantum Communi6y Development District as appropriate. 34. Provide the location of the fire hydrantsand other utilities on the landscape X plan to avoid conflicts with plant material. Landscape plan shows entrance feature landscaping located in the FP&L easement. · 35. Provide building colors (product name andidentification number) on the X elevation drawings. (Ch. 4, Sec. 7., D.1.) 36. On the elevation drawings for the recreation/clubhouse building, indicate X building height dimensions and colors (product·number and identification number) for the bnildmgmaterials on the plans. (Ch. 4, Sec. 7., D. 1.) 37. Correct Land Use designation on the Site Plan Data to "Industrial." The DRI X designation is M/xed Use but the Future Land Use Map designates this site as Industrial. 38. Applicant is proposing a deviation from the PUD parking requirement of two X (2) spaces per unit. Parking calculations are based on 1.75 spaces per unit with an additional five percent (5%) of the total allocated for guest parking. A total of 505 spaces are proposed. (WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION.) 39. Parking spaces located outside of enclosed garages must be 12 feet wide. X (Ch. 2, Sec. 11. H.2) Variable widths to a minimum of eight (8) feet are shown on the plans. WAIVER REQUESTED. JUSTIFICATION PROV1DED FOR THIS CODE DEVIATION 40. This proposed residential development is adjacent to an office development X located to the south (Tract 58). All tracts in Quantum are zoned PID with specific uses for each tract governed by the DRI Master plan. This submittal indicates a five (5) foot wide landscape buffer located along the south property line between Tracts 58 and 59. No fence or wall is proposed to buffer the residential use from the office use. The Land Development Regulations Chapter 2, Section 4 L. requires a buffer wall to be provided between residential and non-residential zoning districts. In this case, the zoning district for all parcels in Quantum is the same, PID. In Chapter 6 Article III, Section 3 there is a requirement fOr subdivisions to separate residential from commercial and industrial development with a five (5) foot masonry wall or landscaped chain link fence. Indicate on the plans whether a fence or wall is to be provided along the property line between Tracts 58 and 59. WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION Grotto Bay t~ Bermuda Place NWSP 00-016~ DEPARTMENTS iNCLUDE REJECT or other appurtenances that are attached to the building shall be considered i when identifying building setbacks. Therefore identify the width of the proposed overhangs, covered walkways canopies, awning, and/or other roofed areas that extend out beyond the main walls of the building. The building setbacks shall comply with setback regulations specified on the approved site plan. WAIVER REQUESTED. JUSTIFICATION PROVIDED FORTHIS CODE DEVIATION. No structure, including overhangs, shall encroach into easements." 51. Omit comment number 40. X 52. Add to comment number 46 to read as follows: "Modify proposed project to X improve pedestrian/~idewalk system, including extension of sidewalks to intersections and striping for pedes~ paths across drive aisles in the parking area Recommendation only. 53. Add to comment number 47 to read as follows: "It is important that this X residential project take the initiative in linking future developmem of Bermuda Place. It apPears that the only link proposed is driveway exit north of the site. How will the future development link with Grotto Bay? Recommendation only." 54. Add to comment number 48 to read as follows: "The project should take X advantage of the lakes by desigrfing the open spaces between the buildings as ' "terminating vistas" creating a link between the two. Recommendation only." 55. Add to comment number 49 to read as follows: "Adding other architectural X elements such as fountains could enhance the interior green spaces. Currently only two gazebos are proposed Recom mendation only." ADDITIONAL CITY COMMISSION CONDITIONS 56. To be determined. MWR/blw/dim \~CHSMAIN~SHRDATA~PLAN NING~SHARED~WP~PRO JECT$~QUANTU M PARK -ORoTro gAY @ BERMUDA PLACE~WAIVER\CC 12-5-00 CONDITIONS OF APPROVAL.DOC Requested City Comro/ssion Meeting Dates [] November 21, 2000 [] December 5, 2000 [] December 19, 2000 [] January 2, 2001 NATURE OF AGENDA ITEM V-CONSENT AGENDA ITEM D.3 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Date Final Form Must be 'fumed in to Cilm Clerk's Office November 9, 2000 (5:00 p~m.) November 22, 2000 (5:00 p,rm) December 6, 2000 (5:00 'o.m3 December 20. 2000 (5:00 p.m., [] Administrative [] Consent Agenda [] Public Hearing [] Bids Requested City Commission Meetine Date~ [] January 16, 2001 [] February 6, 2001 [] February20, 2001 [] March 6, 200I Date Final Form Must be Turned i~ to City Clerk's Office January 3, 200I (5:00 p.m.) January 17, 2001 (5:00 p.m. February 7, 2001 (5:00 p.m.) February 21, 2001 (5~0o p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the December 5, 2000 City Commission Agenda under Consent - Ratification of Planning and Development Board action. The Planning and Development Board with a unanimous vote recommended that the subject request be approved subject m staffcomments. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 00-272. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRII~TION: BOYNTON SHOPPES PCD Robert E. Basehart, Basehart Consulting, Inc. Boynton Shoppes, LLC 1620 S. Congress Avenue Request for new site plan approval to construct an additional 3.000 square foot retail building located on a 0.727 acre outparcel in-the Boynton Shoppes PCD. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning and Zofling Director l~Fve'iSpnllent Departn~nt Director City Manager's Signature City Attomey Finance / H,,mau Resources DEVELOPMENT DEPARTMENT MEMoRANDUM'NO: PZ 00-272 SITE PLAN REVIE.;W= STAFF REPORT PLANNING AND DEMELOP~EN~iBOARD AND CITY COMMISSION November 16, 2000 REVISED DESCRIPTION OF: PROJECT Project Name/No.: Boynton Shoppes PCD (f.k.a. Heise PCD) NWSP 00-013 Retail Outparcel Property Owner: Boynton Shoppes L.L.C. Applicant/Agent: Rober[ E. Basehart, Basehart Consulting, Inc. Location: corner of Woolbright Road and Congress Avenue Land Use/Zoning: LRC (Local Retai )/PCD Type of Use: Retail Project size: Total Site Area: 3.63 acres (158.122.8 square feet) Outparcel Area: Outparcel Building Area: 0.727 acres (31,668 square feet) 3,000 square feet AdJacent Uses: (see Exhibit "A"- Location Map) North Woolbright Road and farther north Office, zoned Cl; South PCD parking area and farther south Christian Villas, zoned R-3; East Suntrust Bank, zoned C-3; and West Amoco/McDonalds zoned C-3 and farther west, Congress Avenue. Site Characteristics: This flag-shaped PCD site is currently developed as an 18,530 square foot commercial center on 3,63 acres, The commercial center consists of three buildings and related parking facilities. The 0.727 acre vacant outparcal which is the subject of this application is located in the northeast comer of the PCD next to the combination Amoco/McDonalds business zoned C-3. The area is landscaped with grass and has a shrub hedge buffer located along the east boundary. The outparcel also contains a paved entrance drive which connects to Woolbdght Road. All other existing buildings and required landscape features have been constructed. Proposal: The developer proposes to construct one 3,000 square foot building consisting of two (2) 1,500 s<~uare foot retail bays on a 0.727 acre outparcal (see Exhibit "B" - Proposed Site Plan). This application is being accompanied by the prerequisite request for a master plan modification to allow for the additional square footage on the currently approved master plan, Furthermore, due to the dimensional restrictions on the out-parcel, the applicant is requesting one variance. The variance will reduce the required PCD side setback from feet to 12.5 feet along the east side of the site. Please refer to Memorandum No. PZ for the review of the master plan modification and Revised Memorandum No. PZ 00-258 for the review of the variance request. Page 2 B;3ynton Shoppes - Site P~an Review Staff Report - Reviseo Memorandum No. PZ 00-272. Concurrency: a. Traffic- A revised traffic statement for this project was submitted and approved by the Palm Beach County Traffic Division. b. Drainage- Conceptual drai.nage information was provided for the City's review. The City's concurrency ordinance requ res drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit rewew, when more comoleta engineering documents are required. Driveways: On-site traffic circulation for the commercia center consists of two (2) existing, ~wo-way driveways. One entry ddve s 30 feet wide and provides access to Congress Avenue. Th~ other driveway is 27 feet wide and provides access to Woolbnght Road. This ddveway is located on the outparcel just west of the proposed building. The site p an indicates that this driveway will be handling 735 trips per day. The ddveway design meets the requirements of Land Development Regulations Chapter 23. Parking Facility: The site plan indicates the proposed number of parking spaces for the entire commercial center as 125 spaces ncluding six (6) handicapped spaces. A total of 109 spaces are required per code including the 15 spaces for the proposed outparcel development, The outparcel parking spaces are calculated based an the ratio of one (1) space per 200 square feet for the retail bays. Landscaping: The landscaping of the site will fully meet code requirements when staff comments are incorporated. Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. Community Design: ~T,he ,pro,,p,o. sed. build, ing is a simple, contemporary style square-shaped, one-story structure. Jne building m(;aoes are enhanced with decorative columns including awnings over the entrance doors facing Woolbdght Road. The building design is compatible with the established architectural character of the existing buildings in the PCD. The PCD is automotive-orien, ted and a fast-food restaurant is located adjacent to the subject site. The required landscape buffers have Deen installed throughout and will meet the code. Signage: The applicant has not submitted site signage as part of this review The Boynton Shoppes PCD has an approved master sign plan. All proposed signs must be consistent with the approved master sign plan. Approval of signs contrary to the sign: program will require a separate submittal and approval process. RECOMMENDATION: Consistent with the analysis and recommendations on the corresponding applications for a Master Plan Modification IREZN 00-001) and a variance (ZNCV 00-013), staff recommends approval of the site plan subject to all other conditions of approval indicated in Exhibit "C". Central File \~CH\MAIt',~S H RDATA\Plan ning~S HARED~,W p\p ROj ECTS\Boyn ton Shopoes\Site Plan Staff Re~ort REV NWSP 00-O13.doc ~ LOCATION,, MA~ BOYNTON SHOPPES EXHIBIT"A' '0 1/8 '0 400. '800 FEET I755 ADT In 40 Out 32 Turn ~REQUIRED HANDICAP ACCESSIBLE ROUTE Sig Visibilit Triangles I 0 I 10' Greenbelt. Buffer · BOX UGHT I / Curb and Ramp Required 27' :BOX LOCA'nON Side <~ ~quested Setback ~ALL ENTRY$ SHALL BE HANDICAP ACC/SSABLE TYP. 10' Greenbelt Buffer I Min. 10' x 1~' I Sic 10' Visibilit' Triangles Exisitng/"" ~'~ Oak , Exlsitn g .--~-,.~ Wax Myrtle Hedge~--~.~ Exisitng/'~', Oak I Greenbelt Buffer Exisi~ng/'~',~ Oak ,, BOX UGblT / lng 15.00 itng Greenbelt Buffer itng sitng EXHIBIT "C" Conditions of Approval Project name: Boynton Shoppes ~13 with an October 13, 2000 plannin~ anc~ Zoning Llepitrllllent t.U~t~ ~t~ul[a ~. DEP~T~S ~CL~E ~CT P~LIC WO~S X Co~ts: NONE : , UT~IT~S X Co~ts: NO~ Co~ts: 1. A fire hy&mit flow test will be requkedpfior to co~cfion. LDR 6-16. X POLICE Cunmx~ts: NO~ X ENG~ EE~G DWISION~ 2. On ~e site ~d ci~l pl~, ~ow ~e sidewflk at ~e sine elevation as the ~C accessibiliW pa~ M~ m accessible ~ up on bo~ sides p~ ~e Flofi~ Accessibi~W Code. X B~D~G D~SION Co~tgl 3. ~e desi~ professional-of-record for ~e project shill add ~e follo~g text to ~e site ~ta. "~e proposed finish floor elevation of ' NG~ ~s above ~e ~est 100-ye~ b~e flood elevation applicable to the bulldog site, as detmed by ~e Sou~ Florida Wat~ Mmagem~t D~'s s~ace ' ' ~" Co~e~ ~e water magement consmcUon developmmt re~lat~o . inc~sisteneies ~ respect to the finish floor elevation. ~e ci~ ~ngs ~dicate a ~ffer~t elevation thru ~e site pl~ ~d floor plm ~amng. [Section 3107.1.2, Chapt~ 31 of the Boston Beach ambients to ~e 1997 X e~fion of~e St~d Bnilding Code] 4. At time ofp~t renew, ~o~de derailed &a~ngs ~d docum~tafion on Condition of Approval Boynton Shoppes 3rd Review. doc 11/29/00 DEPARTMENTS the plans that will verify the~accessible mute that is shown fi:om the accessible parking spaces to the accessible building entrances is in compliance with the regulations of the Florida Accessibility Code for Building Construction. The documentation shall include, but not be limited to, identifying the type of material proposed for the route, type of surface/5~sh, width, cross slope, slope and length of the entire accessible route including, where apphcable, ~s and handrails. Develo. ment Re _ ations. At time ofperm/t review, specify {in tabular form) on the site plan and/or floor plan the proposed use of the facility, type of construction and occupancy classilication of the building, The building area, occupancy~classification and type of construction shall comply with the specifications identified in the 1997 edition of the StandardBuilding Code, including the City of Boynton Beach amendments to the Standard Building Code. Working drawings of the building/,~ shall comply with the codes specified in Chapter.20 of the Land 7. The permit fee, water and sewer facility fees; Fire and Life Safety fees, PARKS AND RECREATION Comments: NONE Cornmenr~_: 8. The applicant has indicated on the landscape plan the intended use of all the existing trees and landscaping on the site, The existing wax myrtle hedge along the West perimeter may have to be replaced with another native hedge material. Any of the existing landscaping / irrigation that is destroyed during construction, will have to be replaced prior to the final landscape approval. PLANNIt_ G ~rD ZONING ColTltrlents: 9. Revise the site plan to include the following: X X X X X a. The revised Traffic Report ADT --1,323 (1,128 is shown) b. Provide a 30 foot side setback (12.5' is shown), or obtain variance for the reduction in width (Ch.2, Sec. 6, Par. F.7.e.) Site Plan approval is contingem upon approval of requested variance. c. The correct zoning for the parcel to the south or the subject property is R- 3. REJECT Condition of Approval Boxnton Shoppes 3rd Review.doc 10. Prior to C.O. all existing and proposed lands~ap~ areas :shall.meet ~e minimum PCD requirements of Chapter 2 ~ 7:5 or'the Land Devetopment t 1. No sign plans were submitted for review. If new signs are proposed or rews~ons are planned for existing s~gns, the existing sig~ program for this this revi6w, sign approval will reqCirea sep~ submittal aha ~ppro at for the P~a~;~velopment;B°ard INCLUDE X X X X REJECT 14. None. ADDITIONAL CITY cOMMISSION cONDITIONS 15. To be X DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Shoppes APPLICANT'S AGENT: Robert E. Basehart APPLICANT'S ADDRESS: 943 Clint Moore Road, Boca Raton, Florida 33485 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 4, 2000 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: 1620 South Congress BIvd, DRAWING(S): SEE EXHIBIT "B" AFl'ACHED HERETO. x THIS MA'II'ER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the i:indings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1 2. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant x HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby x GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: Requested City Commission Meefin~ Dates [] Novernber 21. 2000 [] December 5. 2000 [] December 19, 2000 [] Janua~ 2, 2001 NATURE OF AGENDA ITEM V-CONSENT AGENDA I'TEM D.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOIl. Date Final Form Must be Turned in to Ciw Clerk's Office November 9, 2000 (5:00 p.m.) November 22. 2000 (5:00p,m,) December 6. 2000 (5:00 p~rn.) December 20. 2000 (5:00 p.m.) [] Administrative Consent Agenda [] Public Hearing [] Bids Requested City Commission Meeting Dates [] January 16, 2001 [] February 6, 2001 [] February 20, 2001 [] March 6, 2001 Date Final Form Must be Turned in to City Clerk's Office Januar~ 3. 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.m-) Felymary 21, 2001 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the December 5, 2000 City Commission Agenda und~ Consent, Ratification of the Planning and Development Board action. The applicant is requesting an appeal of an aclminiatrative decision of the Planning and Zoning Director regarding denial of a Minor Modification to place banners at the entrance of the Boynton Landings Residential development. The Planning and Development Board, with a 6-0 vote, favored the admimstrative decision thereby recommending that the request for appeal be denied. For further details pertaining to this request see attached Department of Development Memoranda No. PZ 00-300. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRII~TION: BOYNTON LANDINGS APARTMENTS David M. Layman, Greenberg Traurig, P.A. CSC Boynton Landings, Ltd. 2309 North Congress Avenue Notice of Appeal fi:om the June 20, 2000, decision of the Planning and Zoning Director denying Boynton Landings' request for a minor modification on the approved site plan. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Plsnn/ng an5 ~T~tning Director D~elo~n]mt Dep~am~nt Dkector ~gnamre City Attorney / Finance / Human Resources DEVELOPMENT DEPARTMENT MEMORANDUM NO. 00-300 TO: Pla nning and Development Board and City Commissi~ THROUGH: Michael Rumprprpr~ Planning and Zonin~i./~ector FRO M: Lusia G ala~/, A lC P~,,~ Senior Planner ~ DATE: October 12, 2000 SUBJECT: Boynt0n Landings Appeal (ADAP 00-001) Project Name: Location: Owner: Agent: Request: Boynton Landings Apartments 2309 North Congress Avenue CSC Boynton Landings, Ltd. David M. Layman, Greenberg Traudg, P.A. Notice of Appeal from the June 20, 2000, decision of the Planning and Zoning Director, denying Boynton Landings' request for a Minor Modification of the approved site plan BACKGROUND Request for Minor Modification On May 19, 2000 the Planning and Zoning Department received a request for Minor Modification from David M. Layman, agent for CSC Boynton Landings, Ltd. The Minor Modification application requested the addition of ten (10) "architectural enhancements" located in the front setback on either side of the entrance to the Boynton Landings Apartments (see Exhibit "B" Site Plan). The letter indicated that these architectural accents had already been placed on the site. Staff reviewed the application and conducted a site visit. The ten (10) "architectural features" as described by the applicant are "banners" as defined by Memorandum No. 00-300 Boynton Landings ADAP 00-001 Page 2. the Land Development Regulations Chapter 1, Article I (see Exhibit "D"). Banners are prohibited per Chapter 21, Signs, Section 3. D (see Exhibit "E"). A letter denying the reqJest was written and sent to Mr. Layman on June 1, 2000 by Lusia Galav, Senior Planner. Subsequent to receipt of the denial letter, Mr. Layman addressed a letter to Ms. Galav, indicating that a code citation was issued to his client CSC Boynton Landing, Inc. on June 6, 2000 (actually June 8, 2000) regarding the prohibition of permanent banners in the City of Boynton Beach. Mr. Layman also requested that the decision for denial of the Minor Modification be reconsidered. At this lime, Ms. Galav involved Mr. Rumpf, the Planning and Zoning Director, in the matter. Mr. Rumpf issued a letter on June 20, 2000, reconfirming the denial of the requested Minor Modification. It is this letter from Mr. Rumpf that Mr:-~ayman is addressing his appeal. Request for Appeal Staff received the request for appeal on June 30, 2000. The request for appeal is dated June 29, 2000, which is nine (9) days after the date of Mr. Rumpf's letter but 28 days after the original letter of denial from Ms. Galav. The appeal procedure provided in Chapter 1, Article VII indicates that an appeal must be filed fifteen (15) calendar days after the rendition of the order. Based on this code section, staff requested the City Attorney to review the validity of the appeal. Mr. Nicholas, Igwe, Assistant City Attorney researched the matter. A meeting was held with Mr. Layman on August 2, 2000 to discuss the appeal. After this meeting, correspondence was exchanged ~)etween Mr. Layman and Mr. Igwe resulting in the decision to process the appeal. Mr. Igwe made the determination that the City Commission is the body to determine the timeliness of the appeal. It has also been determined that administrative appeals should be processed in accordance with procedures outlined in Chapter 1.5, Article I, Sec. 4.1. E. of the Land Development Regulations (see Exhibit "F"). Under these procedures the Planning and Development Board hears the appeal and renders a decision which must be ratified by the City Commission. The chronology of correspondence regarding this appeal is found in Exhibits "G" through "R" attached. CONCLUSIONS The following are the pertinent facts of this case regarding the denial of the Minor Modification. 1. A site plan cannot be modified to permit a use that is specifically prohibited in the Land Development Regulations. Memorandum No. 00-300 Boynton Landings ADAP 00-001 Page 3 Permanent panners are specifically prohibited in Chapter 23 - Signs. The Code Compliance Division issued three citations to the property owner in accordance with the banner prohibition as stated in the code. The banners are currently located within the 40 foot-front setback required and approved for the project and within the 20 foot utility easement along Congress Avenue. The owner.dM not apply for or reoeive a building permit from the city to erect the banners on the site. RECOMMENDATION If the Planning and Development :Board and City Commission find that the appeal as presented is valid and meets the requirements of Chapter 1.5. Article J, Sec. 4.1, E. of the Land Development Regulations. then staff recommends the following: Deny the appeal Affirm the administrative decision to deny the mi.nor modification request for the banners at Boynton Landings Apartments. In addition, staff would not support a code review to permit banners under any circumstance other than those exceptions currently permitted by the code. ADAP 001 MEMO LIST OF EXHIBITS BOYNTON LANDINGS - ADAP 00-001 A, Location Map B, Site Plan C. Photos of Banners D. Definition of "Banner" E. Chapter 21 Signs - Banners Prohibited F. Appeal Procedure G. Letter dated May 18, 2000 - Request for Minor Modification Letter dated June 1. 2000- Denial of the Minor Modification Request I. Code Citation No. 08-00364 dated 6-8-00 and No. 08-00111 dated 6-22-00 J. Letter dated June 9, 2000 - Request to Reconsider K. Code Citation No. 08-00371 dated 7-17-00 L. Letter datee June 20, 2000 - Reconfirmation of Denial - M. Letter dated June 29, 2000 - Appeal of June 20, 2000 Letter of Denial N. Letter dated August 2~ 2000 - Request for Appeal Letter dated A~gust 7, 2000 - Oity Attorney Response P. Letter dated/~ugust 21, 2000 - Response to 8-7-00 Letter Q. Letter dated August 25 2000 - Second Letter from City Attorney P,. Letter dated September 12. 2000 -Clarification of Appeal Request 10/17/00 EXHIBIT "A" ~OTORO~ t(A¥ ! g B 0 Y N T 0 C-16 LOCATION MAP EXHIBIT"C" C,~ueral Pro.om EXHIBIT jewelry and the like, but not used merchandise is so erected as to permit its being raised to a position generally. No outside storage or display shall be flat against the building when not in use." permitted in connection with such uses. BALLOON - A container made of non-rigid material APARTMENT - A room or a suite of rooms~filled with air or gas and designed to be tethered. occupied, or which is intended or designed to be ~ occupied, as the home or residence of one (1) indi,,;idual, family or household, for housekeeping purposes. APARTMENT, EFFICIENCY - A dwelling unit consisting of one (D room, other than a batl'~oom, and providing cooking facilities. APPLICANT - See "Developer." ARCADE - A permanent, roof-like structure open to the weather on one (1) or more sides, constructed of rigid materials, which is camilevered from the building wall, attached to and supported by the exterior building wall or supported by freestanding columns or pillars. ARTERIAL ROAD OR STREET - A route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. In addition, every United States numbered highway is an arterial road, and every street shown or described as arterial according to the current or most recent functional classification contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended, is an arterial. AUTO PARTS SALES (RETAIL) - Sale of auto parts from a commercial establishment for installation and use off-pr~TdSeS. AUTOMOBILE - An automobile or motorcycle, as defined by the rules of the Florida Deparmaem of Highway Safety and Motor Vehicles. BANNER - A sign having the characters, letters, iIlustradons or ornamentations applied to cloth, paper. film or fabric of a.ny kind, with only such materials for a backing. Banner shall not include national, state, municipal, civic or church flags, awnings or Canopies. BAR OR COCKTAIL LOUNGE - An establishment which serves or includes the serving of beer, wine or liquor to patrons other than in conjunction with the serving of meals. BICYCLE PATH - Any road, path or way that is open to bicycle travel, which road, path or way is physically separated from motorized vehicular traffic by an open space or by a barrier and is located either within the highway right-of-way or within an independent fight-of-way. BILLBOARD * A sign normally mounted on a building wall or freestanding structure with advertising copy which refers to something other than the name and primary character of the business on the prermses or is located on a remote site from service or site referred to by the sign copy. BLOCK - A parcel of lan~ surrounded by streets, waterways, railroad rights-of-way, parks or other public space. BOARDING AND ROOI~ING HOUSE - A building other than hotel or motel providing lodging and where meals are or are not served, for compensation. BOATEL - Yachtel. AUTOMOTIVE SERVICE STATION - The use of a building or other structure, on a lot or parcel of land which includes any retail sale of gasoline or other motor fuels. AWNING o A structure made of cloth or metal with a metal frame attached to a building, When the same BRIDGE - A structure, including supports, erected over a depression or an obstruction, such as water or a highway or railway, and having a track or passage- way for carrying traffic as defined in chapter 316 or other moving loads. 1997 S-5 Planning and Development Generally EXHIBIT "F" Sec. 4.1 Quasi.Judicial Authority, functions, powers, and duties. A.. The Planning. and Development Board shall have the authority and in a Appeals. The board has the ~hcn it is decision, or official to the section. C. Special Exceptions. The board has the authority ~ to hear and decide requests for involved exceptions with~ or to deny sucl~ questions as are such special' grant special when not in harmony with the purpose ,and intern of this section. The following st.~andards ap~lv to the: board power to grant special exertions: ' 1. The,board shall find that in granting the special exception~ the gublic interest will not be adversely affected. 2. The board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made part oftha terms under which the special exception is granted, shall constitute grounds for the revocation of the special exception and the certificate of occupancy or occupational license associated therewith. 3. The board may prescribe a reasonable time limit within which the action for which the special exception is required shall begin or be completed, or both. D, Variances. The board has the authority and duty to authorize upon appeal such variance from the terms of a city ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the city ordinance would result in unnecessary and undue hardship. 1. In order to authorize any variance from the. terms of aa ordinance, the board must; f-md thnt: ' a. That special conditions and circumstances exist which are peculiar to the land, ale riot applicable to ¢ s in the ~ b. That special conditions and circumstances do not result from the actions of the applicant for the variance. c, That granting the variance requested will nor confer on the applicant any special privilege that is denied by this seCtion to other lands, structures or buildings in. the same zoning district. d. That literal interpretations of the provisions of the ordinance would deprive the applicant of fights commonly enjoyed by other properties in the same zomng district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. £ That the grant of thc variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious m the area involved or be otherwise detrimental to the pubIic welfare. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. The applicant for such variances shall provide an affidavit with the application for variance stating that the above- mentioned conditions exist with respect to the acquisition of additional property. 1997 S-6 4 Boynton Beach Code EXHIBIT "E" question prevents signage allowable under the provisions of this ordinance from adequately identifying the business or other activity located on such property. Thc board of zoning appeals may only grant a variance to: A. Allow a setback less than that required under the chapter; B. Allow the area and/or height of a sign to be increased by up to twenty-five (25) percent of the maximum allowable height or area; or C. Allow the number of signs to be mcressed over the maximum allowed by this code. No variances may be granted to signs expressly prohibited by this chapter. (Ord. No. 96-61, § 1, 1-21-97) Sec. 2. Exemptions. The permit requirements of this chapter shall not apply to the following sigm, provided however, that said signs shall be subject to other provisions of this code: A. Real estate signs not exceeding five (5) square feet in area which advertise the sale. rental or lease of the premises upon which such signs are located. These signs must be set back ten (10) feet from the propev~y line, meet the structural requirements and must not exceed four (4) feet in height. Only one (i) such sign is allowed per street frontage. B. A single residential yard sign, not exceeding three (3) square feet in area {Beware of Dog, Watch your Step, Name and Address, etc.). C. Window/door signs using less than twenty (20) percent of the total glass area facing in any one direction. This area is not included in the total sign area allowed under this chapter. These sigm are not pertained in residential zoning districts~ D. Political signs. TheSe signs must comply with Article III. Section 6.D of this Chapter. E, Flags. F. Bulletin boards not over eight (8) square feet in area for public, charitable or religious institutions when the same are located on the premises of such institutions. G. Occupational signs denoting only the name and profession of an occupant in a commercial building, public institutional building or dwelling house and not exceeding two (2) square feet in area. H. Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constmeted of bronze or other incombustible materiais. I. Traffic or other governmental signs, legal notices, raflro£d crossing signs, danger signs and such temporary, emergency or non-advertising s~gns as may be approved by the city. J. Signs indicating the address and/or name of the residential occupants of the premises, not exceeding two (2) square feet in area. K. Vehicular signs. L. Bus shelter signs. Sec. 3. Prohibitions. The following signs and related equipment are prohibited in all districts: A. Any sign and/or sign structure which does not meet all the criteria set forth in this chapter. B. Animated/fluttering signs C. Balloons D. Banners (not including special civic event, recreationaL exposkional or ~emporary business ide ff' ;.'._ -% , E. Bnshench signs F. Festoons 1997 4 Boyaton Beach Code EXHIBIT "F" 2. In granting a variance: a. The board may prescribe appropriate conditionS and safegu~ds in COnformity with this section. Violations of such conditions and safeguards, when made a pan of the terms under which the variance is granted, shall be deemed a violation of ntis section. b. The board a reasonable which the variance is required shall begin, be completed~ or both: c. Where maximum densities if granted, would cause density s be consLru(i~ . l~ comprehensive the for conditions welling. E. Procedures for Variances, Special Exceptions and Appeals of Administrative Actions. 1. Exceptions. Under no circumstances except as permitted above shall the board grant a variance to permit a use not generally or by special exception permitted in the zoning district involved or any use expressly or by implication prohibited in the applicable zoning district. No nonconforming use of neighboring lands, structures or buildings in other zoning districts shall be considere2t grounds for the authorization of a variance. 2. Review of Administrative Orders. In exercising its powers, the-board may, upon appeal and in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this section, and may make any necessary order, requirement, decision or determination, and to that end shall have the powers of the officer from 1997 S-6 whom the appeal is taken. A majority vote shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor 0ffi~e applicant 0/any matter Upon witieh the b0ard is requlr~ to pasJ under this section. 3. Appeals from decision of Administrative Official. Apes ~o the board may be taken by any person aggrieved or affected by any ~terpxT~fing any be. taken within thirty of the ord', taken be in 4. ~tay of Work and Proceeding on Appeals. An appeal to the board stays a}l work on the premises and all proceeding~in furthe~ranCe of the action appealed from, unless the officialffom whom the appeal is ta~ken shall c~y .to the boar4 that by reason of facts imed in th.e~rtifrcate, a~ ~S~t/y would cause imminen~peril of life: or?r~perry. In si,/kh case, proceedings or '~,orlt shall not b~ stayed~ eX%pt by a restraining order which _r~_..y, b.e granted by the board, or by a court of record on the application, on notice to the officer from whom ~e'ap~eal ig takefi and on due cause shown. 5. Hearing of Appeals. The board shall fix a reasonable time for the hearing of the appeal. give the public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any person may appear in person, by agent or anomey. Applicants shall be required to file a proper form (supplied by the Planning Department), a current certified survey accompanied by a fee as adopted by resolution of the City Commission. Eor pr~ural purposes, an application for a Special exception shall be haiadled by the board as for .appeals. 6. Review of De~isions of the Board. Any person may appeal varimlce, Special exception, or appeal of administrative order to the City Commission of'the City of Boymon Beach within twenty (20) days after rendition of the decision by the Planning and Development Board. The decision of the and Development Generally EXHIBIT "F" City Commission shall be deemed final subject only to review by writ of certiorari to the Pahn Beach County Circuit Court. 7. Withdrawal or Denial of Application. a. Upon the dermal of aa application for relief hereunder, in whole or in part, a period of one (I) year must elapse prior to the filing of a subsequent application affecting the same property, or any portion thereof. b. Upon the withdrawal of an application, in whole or in part, a period of six (6) months must run prior to the filing of a subsequent application affecting the same property or any portion thereof, unless the decision of the board is without prejudice; and provided that the period of limitation shall be increased to a two (2) year waiting period in the event such an application, in whole or in part, has been twice or more denied or withdrawn. c. An application may be withdrawn without prejudice by the applicant as a matter of right; provided the request for withdrawal is in writing and executed in a manner and on a form prescribed by the board and filed with the board at least one (1) week prior to any scheduled hearing scheduled before the board concerning the application; otherwise, all such requests for withdrawal shall be with prejudice. No application may be withdrawn after action has been.taken by the board. When an application is withdrawn without prejudice, the time limitations for reapplication provided herein shall not apply. F. Advertising Requirements. Required advertisements for the applicant's request must appear in a newspaper of general circulation in the City of Boynton Beach, at least fifteen (t5) days prior to the scheduled Planning and_Development Board Meeting. Ail required notices to sun'ounding property owners must be posmaarked no later than fifteen (15) days prior to that scheduled public hearing. (Ord. No. 97-15, § I, 5-20-97) Sec. 4.2. Additional authority, functions, powers, and duties, as assigned by the City Commlnsioll. The Planning and Development Board shall have such additional authority, functions, powers and duties, as assigned to the board by ordinance. (Ord. No. 97-15, § 1, 5-20-97) Sec. 4.3 Authority Granted by. the City Commi~ion. A. The following applications/types of requests shall prelimirmrily be reviewed by th,~ 'Planning and Development Board prior to approval by the City Commission: 1. Annexation. 2. Code review. 3. Comprehensive plan text amendment. 4. Consistency review. 5. Development of regional impact amendment. 6. Height exception. 7. Land use plan amendment/rezonlng. 8. Rezoning. 9. Tetecommtmicafion towers (waiver or reduction of separation requirements and/or special exception regarding application rejection). 10. Conditional Use Approval, B. The following applications/types of requests that are processed and reviewed by the Planning and Zoning Departmem shall be approved by the planning and development board: 1. Abandonment. 2. Administrative appeal. 3. Community Design Plan appeal. 1998 S-7 4. Concurrency appeal. EXHIBIT "F" 6 Boynton Beach Code 5. Concurrency time extension. 6. Landscape appeal. 7. Master plan modification. 8. Master plan time extension. 9. Major site plan modification. 10. New site plan. 11. Parking lot variance. 12. Sign code variance. 13. Site Plan time extension. 14. Subdivision - master plan. 15. Use approval. 16. Zoning code appeal. 17. Zoning code variance. 18. Conditional use approval time extension. C. No action of the Planning and Developmem Board shall be considered a final action of the City until ratified by the City Commission. The procedure for ratification shall be as follows: 1. All matters which have been reviewed and acted on by the Planning and Development Board shall be reduced to writing as a proposed Develop- ment Order. The form of the proposed Development Order shall be approved by the City Attorney. 2. Allproposed Development Orders shall be submitted to the City Co-mmission on the consent agenda at the next regular City Commission meeting following action by the Planning and Development Board. 3. Prior to approval of the Commission consent agenda, a member of the Commission may request the removal of any proposed Developmen~ Order from the consent agenda for further discussion, consideration, or public hearing prior to ratification. 1998 S-7 4. The City Commission may table a proposed Development Order which has been removed from the consent agenda to a future meeting date to insure that proper notice and Opportunity to be heard i~ provided to the, applicant; thepublic, and any other interested parties. 5. Following ratification of a proposed Development Order bY the CityCommission. the City Clerk shall date and sign the Development Order and issue it as a fhaal order. (Ord, No. 97-22, § 1, 6-17-97; Ord~ No. 97-41, §§ 1, 2, 8-19-97) Sec. 5. Cornmi~sion designated statutory pla~nlng ageucy. The City C~ommission is hereby designated as the city's local pla/ming agency to act on behalf of the city under the terms and pro,visions of the local government Comprehensive Plamting Act, having the general responsibility for the iconduct of a com- prebensive planning program and the preparation, supervision and amendment of the comprehensive plan or elements or potions thereof applicable to the areas under the jurisdiction of ~e~city as provided in said act. Sec. 6. Review of board decisions. All decisions of the planning and development board shall be advisory to the City Commission, unless otherwise stated ia this Article or by ordinance. Disposition of an application or request made through the pla~ning and development board shall not be deemed final until acted on by the City Commission, unless otherwise stated hat/tis Article or by ordinance. Once final, a decision may be reviewed by the filing of a Petition for Writ of Certiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, and in accordance with the procedure and within the time provided by court rule and such time shall commence to run from the date of the decision sought to be reviewed. Any determination decisions of the Planning and Development Board must first be appealed to the City Commission within twenty (20) days after rendition of the decision by the Planning and Development Board, David M. Layman. 56 [/650-7990 VIA FEDEX_ Mr. Michael W. Rumpf Planning and Zoning Director 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach. Flor/da 33425 May 18.2000 EXHIBIT 'G" e-mail: [aymand@gnaw.corn Re: Request for Minor Site Plan Modification for Bovnton Landingq Dear Mr. Rumpf: This firm represents CSC Boynton Landing, Ltd., the owner of the Boynton Landings Apartments (the "Property"). This letter serves as a request~or a minor modification to the Boynton Landings site plan. Enclosed please find a check for $100.00 for this application for the mtnor modification, four (4) copies of the Boynton LandSngs survey (we could nor obtain copies of the site plans) and photographs of the architectural accents being added to the site plan. These architectural accents were recently added to the Property and for your convemence are shown on the attached surveys plans as red dots. As you can see from the photographs, these accents are an architectural enhancement m the entranceway to the Property. These sturdy poles are painted with Benjamin Moore exterior gloss material and are desired to withstand sustained winds of 120 m/les per hour and were installed by direct burial with the bottom 36" section below grade. These architectural enhancements cost over $7.000. We respectfully request a minor modification to the Boynton Landings site plan for these architectural enhancements to the Property. Enclosures Please call me at 650-7927 if you have any questions or need any additional informat/on. cc: Mr. Danny Ruda (w/o encI.) June 1, 2000 DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Building Planning & Zoning Engineenng Occupatz~nal License Corarnuni~F Redevelopment David M. Layman Law Offices of Greenberg Traurig P.O. Box 20629 West Palm Beach, Florida 33416-0629 Re: Boynton Landings MMSP 00-033 Dear Mr. Layman: In response m your request for administrative review and approval of modifications proposed to the above-referenCed, approved site plan, please be informed that the proposed change shown on the revised plan dated 5/19/00 are in violation of the City of Boynton Beach Land Development Regulations. The ten (10) "architectural accents" as described in your letter dated May 18, 2000 and shown in the photographs are defined as "banners" and as such are prohibited per Chapter 21, Signs, Section 3.D., a copy of Which is attached for your information. Please be advised that the existing ten (I0) banners are not permitted and must be removed fi:om the site. Please contact me ar (561) 742-6260 if you have additional questions. Sincerely, ~Galav, AICP Senior Planner Cc: Michael W. RuTnpf, Director of Planning and Zoning Scott Blasie, Code Compliance Administrator America's Gateway to the Gulfstream 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach. Florida 3342541310 Phone: (561) 742-6260 FAX: [561 ) 742 -6259 Boyllton Beach Code '-' .question prevents signage allowable under the ;rovismns of this ordinance from adequately identifying the business or other activity located on such property. The board of zoning appeals may only grant a variance to: A. A/Iow a setback less than that required under the chapter; B. Allow the area and/or height of a sign to be increased by up to twenty-five (25) percent of the maximum allowable height or area; or C. Allow the nuraber of signs to be increased over the max/mm allowed by this code. No variances may be granted to signs expressly prohibited by this chapter. (Ord. No. 96-61, i; I, 1-21-97) Sec. 2. Exemptions. The permit requirements of this chapter shall not .-~ply to the following signs, provided however, that .d signs shall be subject to other provisions of this code: A. Real estate signs not exceeding five (5) square feet in area which advertise the sale. rental or lease of the premises upon which such signs are located. These sigm must be set back ten (10) feet from the properzy line, meet the stmcntral requirements and must not exceed four (4) feet in height. Onl7 one (1) such sign is allowed per street frontage. B. A single residential yard sign, not exc~ding three (3) square feet in area (Beware of Dog, Watch your Step, Name and Address, etc.). C. Window/door sigm using less than twenty (20) percent of the total glass area facing in any one direction. This area is not included in the total sign area allowed under this chapter. These signs are not permitted in residential zoning districts, D. Political s~gns. These signs must comply u~--~ Article HI. Section 6.D of this Chapter. 1997 E. Flags. F. Bulletin boards not over eight (8) square feet in area for public, charitable or religious insututiora when the same are located on the premises of such institutions. G. Occupational signs denoting only the name and profession of an occupant in a commercial building, public institutional building or dwelling house and not exceeding two (2) square feet in area. H. Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other incombustible materials. I. Traffic. or other governmental signs, legal notices, railroad irossing signs, danger signs and such temporary, emergency or non-adverusing signs as may be approved by the city. I. Signs indicating the address and/or name of the residential occupants of the premises, not exceeding two (2) square feet in area. K. Vehicular signs. L. Bus shelter signs. $~.3. Pro~bffions. The following signs and related equipment are prohibited in all districts: A. Any sign and/or sign structure which does not meet all the criteria set forth in this chapter. B. Animated/fluttering sigr~s C. Balloons D. Banners (not including special civic event. recreational, expositional or temporary business identification signs) E. Bus bench signs F. Festoons 5 jewelry and the like[ but not used merchandise generally. No outside storage or display shall be permitted in connection with such uses. occupied, as the home or residence of one (I) individual, family or household, for housekeeping purposes. ,and providing cooking facilities. APPLICANT - See "Developer. ARCADE o A permanent, roof-like structure open to the weather on one (1) or more sides, constructed of rigid materials, which is cantilevered from the building wail, attached to and supported by the exterior building wail or supported by freestanding columns or pillars. ARTERIAL ROAD OR STREET A route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance, in addition, every United States numbered highway is an arterial road, and every street shown or described as arterial according to the currern or most recent functional classificat~n contained in the City of Boynton Beach Comprehensive Plan. as adopted and amended, is an arterial. AUTO PARTS SALES (RETAIL) - Sale of auto parts from a commercial establishment for installation nd use off-premises. AUTOMOBILE - An automobile or motorcycle, as defined by the rules of the ~odch Department of Highway Safety and Mot, or Vehicles. AUTOMOTIVE SERVICE STATION - The use of a building or other structure, on a lot or parcel of land which includes any retail sale of gasoline or other motor fuels. AWNING - A structure made of cloth or metal with a metal frame attached to a building, when the same 1997 S-5 is so erected as to permit its being raised t.?,a position -- fiat against the building when not in use, BALLOON - A container made of non-rigid mater/al filled with air Or gm and designed tobe tethered. BANNER - A sign having the characters, letters, illUStrations or ornamentations applied to cloth, paper. filra or fabric of any k/nd, with oEy such materials for a backing. Batmer shall not include national, state, municipal, civic or church flags, awnings or canopies. BAR OR COCKTAIL LOUNGE~- An establishment which serves or includes the serving of beer~ wineOr liquor to patrons other than in conjunction with the serving of meals. BICYCLE-PATH - Any road, path or way that is open to bic~ycle travel, which road. path or way is physically separated from motorized vehicular traffic by an open space or by a barrier and is located either within the highway right-of-way or within an independent right-of-way. BILLBOARD - A sign normally mounted on a building wall or freestanding swacture with advertising copy which refers to something other than the name and primary character of the business on the premises or is located on a remote site from service or site referred to by the sign copy. BLOCK - A parcel of land surrounded by streets, waterways, railroad rights-of-way, parks or other public space. BOARDING A.ND ROOMING HOUSE A building other than hotel or motel providing lodging and where meals are or are not served for compensation. BOATEL - Yachtel. BRIDGE - A structure, including supports, erected over a depression or an obstruction, such as wa[er or a highway or railway, and having a track or passage- way for carrying traffic as defined in chapter 316 or other moving loads. ExHi'BIT .'il" · . .~ CITY OF BOYNTON BEACH o:~, ' :'"~I~'. ~.o~ 00364 ~O~DA U~FORM CODE C~A~N. ' " I -' Il' I I ;I t I FLORIDA UNIFORM C June 9, 2000 EXHI BIT "J" Lusia Galav, AICP Senior Planner City of Boynton B~ach Depa.,~menl 0fDevelopmenr Di vision o£?[an.mng a'~i Zoning IO0 E~S~ BoF~o~ B~h Boulev~d Boymon ~e~h'k FL 33425 Re: Boynton,Landinli~ MMSP 00-033 Dear Ms. Gab. v: i received .,,our letter concerning Boynton La~dmgs Alse au::iched ~s a City of ~oyntoa Beth Code Cital:on which was issued June 6.2~0, just a day or ~o a~er I rece:~ed--ya~r l~ner in ~e m~l. I.am sui'e-it is. r.M pm-pose of youz Code to prohibit obnoxmus, ugly banners with words like' areal Me" on them, not the very atzraclive stanc~'fions loca~d at Boynton Landing, wi'ach include cloth decoranon~. Your Code specifically excludes from the definiuon of b~nners posmorml iu~s. -The 'word "ex~x)sition" is defined in the dictionary as Something de~i~.t to convey information. The cloth a~ached to the stanchions at Bol,~ton Landing include the words ' "Boyn:on Landing",'ipecifically conveying information ~o ~he publico These'architectural accents are quite anr~,'m,e if you will: Take the time ro see them. I do n~t beliew that they are prohibited by yO~ Code. :~y ~e at.active ~ud I would r~ques~ ~: you reconsider David M. Layman DML/ka Michael Rump£(~4a telefax) James A. Cherof. E~. (via telegage,= .r~,,.,~. EXHIBIT "K" 3une 20, 2000 DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Building Planning & Zoning Engineering Occupational License Corntnunity Redevelopment Mr. David Layman Law Offices of Greenburg Traung ?.O. Box 20629 West Palm Beach, Flor/da 33416 Subject' Boynton Landings MMSP 00-033 Dear Mr. Layman: I have re-examined this situation that involves ten (10) banners hung on individual poles at the entrance to the above-referenced project. I understand that no artemp~ was made to obtain permission from the city pr/or to erecting the poles and banners, and that you are now requesting that the new elements be considered as some ripe of signage rather than s/mply a decorative banner. Since the new features indicate the name of the subject apartment complex, I must agree that they represent a type of sign. Furthermore, in my opinion, the features have an attractive appearance. However, the city's regulations clearly prohibit banners as signage, and the definition for a "banner" matches the features that your client has displayed at their entrance. I also must disagree with your argument that the city's regulations are intended to address obnoxious banners or pennants rather than pure signs, as the definition of a banner refers to them as "signs" which are objects used to promote a business. Notwithstanding the definition of a banner and the prohibition of same, I must also indicate that given the fact that the new features are "signs" (as they advertise a place of business), they represent an unapprovec~ modification to the site plan for the subject project, they represent a significant addition to the maximum sign area for the project whick has not been reviewed, and are subject to the basic sign regulations such as setbacks. Furthermore, based on the argument that Planned Unit Developments (PUDs) are not subject to all regulations applicable to properties within conventional zoning districts, but may be reviewed on a case-by-ease basis, you may think that the subject banners are not subject to the same America's Gateway to the Gulfstream 100 East Boynton Be. ach Blvd.. P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 r'"" EXHIBIT "L" prohibitions applicable to other zoning districts. Regardless of this position. I must indicate that staff will exercise exu-eme caation when reviewing a site plan modification request which represents a deviatRm from conventional code (and our responses to prior similar inquiries), given the possible precedence that may be established which could unintentionally justify the approval of subsequent banners, which may not be as visually friendly as your clients features. With that explanation, and considering the investment made by your client, I suggest that you relocate the banners to the interior of your project where they would not be construed as project signage, but rather used as site decorations or enhancements for the lakefronk recreation area or sales office, if you still desire to pursue the approval of the signs where they are currently located, you have the option of submitting an application for Code Review which is a request to amend the city's regulations. If' you desire the latter, please contact this office ~o set up a pre- application meeting with staff. Sincerely, Michael W. Rumpf MWR/ni Cc: Nicholas Igwe, Assistant City Attorney David M. Layman, 561/650-7990 VIA FEDEX Mr. Michael W. Rumpf Planning and Zoning Director 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 June 29, 2000 EXHIBIT "M e-mail: laymand~gtlaw, com Re: Request for Code Review and Appeal of June 20~ 2000 Determination Dear Mr. Ru_mpf: As you know, this firm represents CSC Boynton Landing, Ltd., the owner of the Boynron Landings Apatuttenrs (the "Propertf'). This letter serves as ar~application for Code Review and an appeal of the determination made in your June 20, 2000 letter regarding the signs located at the Property. We respectfully appeal the determination made in your June 20, 2000 letter on the same grounds originally set forth in our original letter to you requesting a minor modification to the s~re plan for the Property. Enclosed please find a check for $200.00 for the appeal fee. We desire to pursue the approval of the signs where they are currently located and, accordingly, we also request a Code Review. Pursuant to Chapter 1, Article VII, Section 1. B. of the Boynton Beach Code, kindly forward our appeal with the documentation we previously provided you with (i.e., we had previously provided you with (4) copies of the Boynton Landings survey and photographs of the signs) to the appeal board for placement on the board's next available agenda. staff. Please call me at 650-7927 to set up a pre-application Code Review meeting with your Enclosure cc: Mr. Danny Ruda (w/o encl.) GRIgENBgRG TRAURIG. P.O. Box 20629 g0'gST PAL,~I BgACH. FLORIDA 33416-0629 561~650-7900 FAX 561-655-6222 www.gtlaw, com David M, Layman, 561/650-7990 e-marl: laymand@gtla~,,com August 2. 2000 *vIA FEDEX Mr. Michael W. Rumpf Planning and Zoning Director 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 Re: Bovnton Landings: Appeal Dear Mr. Rumpfi Thank you for taking the time to meet with us this mormng. As you know, this firm represents the owner of the Boymon Landings Apartments (the "Property") and we have a pending application for Code Review and an appeal of the determination made in your June 20, 2000 letter regarding the signs located at the Property. We were shocked that you stated that our appeal had been denied because it was deemed to be untimely and were therefore unprepared to discuss this issue at this meeting. As we mentioned during the meeting, we had filed the appeal, paid the $200 appeal fee, required in writing as m the status of the appeal (please see my July 18, 2000 letter) and therefore reasonably thought that the appeal had been processed as the check was cashed and we had not heard anything to the contrary until this morning's meeting. As you know, Chapter 1, Article VII, Appeals, of the City's Code provides in pertinent part that: "B. FILING. Appeals shall be filed within fifteen (15) calendar days after rendition of the order, requirement, decision, or determination with the official from the whom the appeal is taken specifying the grounds for the appeal .... "[emphasis added] Based upon otir review of Chapter 1, Article VII, Appeals, of the City's Code, we believe that your statement today that the appeal was not timely filed is incorrect. Specifically, the appeal was an appeal of the decisions made in your June 213, 2000 letter. The appeal was filed on June 29. 200C, well within the 15 day appeal period. Thus, we respectfully request that this appeal be processed. In the event that your decision regarding the appeal is not changed, please provide us with the decision in writing so that we may request an appeal of that decision as well. P.O. Box 20629 WgST PALM BgAEH. FLORIDA 33416-0629 561-650-7900 FAX 561-655-6222 www.gtlaw.com EXHIBIT "N'~ Mr. Michael W. Rumpf August 2, 2000 Page 2 '44 Please call me at 650-7990 if you have any questions or need any additional information. cc: James A. Cherof, Esq. City of Boynton Beach I00 £. Bo. vnton Bear. h Boul~vard P.O. Bo~ 310 Boston B~. ~a ~42~-0310 F~: (561) 742-6054 EXHIBIT "O" August 7, 2000 David M. Layman, Esquire Law Offices of Greenberg Tra~g P.O. Box 20629 West Palm Beach, Florida 334~.6~0629 Re: Boynton Landings Appeal Dear Mr. Layman: This is in response to your letter of August 2, 2000 to Hike Rumpf, Director of Planning and Zoning, requesting that your appeal of an administrative decision denying your request for modification of approved site plan in the above referenced development be processed. Please consider [:he following: On May 18, 2000, you sent a letter to the City asking for a minor modification of approved site plan in the above referenced development. On June l, 2000, the City officially denied the above request through a letter to you. Further, the letter advised that the proposed modification to permit banners on the premises is prohibited under the City Code. On June 9, 2000 you sent a letter to the City, asking the City to "reconsider" its administrative decision denying your request for minor modification. On 3une 20, 2000, the City sent you a letter denying your request for "reconsideraUon'. That letter also advised you of your option to submit an applicaUon for code review. On .~une 29, 2000, you sent a letter appealing the 3une 20, 2000 letter denying your request for "reconsideration" and also asked for code review. The City's Land Development Regulation (LDR) permits an aggrieved paKe/ to appeal an administrative decision of a city official. Under LDR, Chapter l, Article VII lB), an appeal "shall be filed within 15 calendar days alter rendition of the order, requirement, derision, or determination with the offidal from whom the appeal is taken". Nothing in the City Code authorizes an aggrieved party to seek a ~'reconsideration' of a derision of city official. Under Florida Rules of Appellate Equal Opportun ty/Affirmat, ve A~t,on/A~A Employer" EXHIBIT "O" ProcedUre, a motion for reconsideration of a decision does not toll the time period for filing an appeal. In this instance, your appeal clock started running [rom June 1, 2000, when the City officially notified you of denia of your request for modification. As stated earl.let, nothing in the Code allows for "reconsideration" of :an administrative decision and thus the appeal dock could not have commenced from June 29, 2000 when you asked the City to "reconsider" its administrative decision. Therefore, it is clear .that your letter of June 29, 2000, seeking to appeal the administrative dedsion was untimely as that letter was received more than Z5 days of the.]une 1, 2000 decision denying your proposed modification. Please be advised that the City does not customarily hold checks, and that checks are processed and cashed as they are received. 'l:herefore, the Cib/is currently processing the return of your $200 appeal fee. Further, sta~'~'s ready to assist you in moving forward with your request for a code review whenever you are ready. Should you have any additional questions or comments on this matter, please contact me directly. Very truly yours, Nicholas ];. Igwe, Assistant City Attorney NII/mlr Cc: .lames Cherof, City Attorney Mike Rumpf, Director of Planning and Zoning Lusia Gal~v, Planning Coordinator Ca/dept/ptanning/boyntonlanding/Layman L~' TIMOTHY W. SCHULZ WEST PALM BEACH OFFICE EXHIBIT "P" DIRECT DIAL: (56I) 650-797 I Email: schuJzt~gtlaw.com August 21, 2000 By facsimile copy 742-6054 and U.S. Mail Nicholas I. Igwe, Esq. Assistant City Attorney City of Boynton Beach 100 E. Boynton Beach Blvd. Post Office Box 310 Boynton Beach, Florida 33425-0310 RE: Boynton Landings Appeal Dear Mr. Igwe: I have reviewed your August 7, 2000, letter to David Layman of this office regarding the City's opimon that the appeal filed by Mr. Layman was untimely. I disagree with your assessment and would ask that the City reconsider its position and submit our appeal to the City Commission, the appropriate body to hear such an appeal. After reviewing this letter, if it is still the City's position that the appeal was not timely filed, and that the City will take no further action on this appeal, please contact me so that I may move this issue to the next appellate level. On May 18, 2000, Mr. Layman sent a letter to the City of Boymon Beach requesting a minor modification of the approved site plan for Boynton Landings. The City den/ed this request on June I, 2000. On June 9, 2000, Mr. Layman sent another letter to the City requesting reconsideration of its June 1st decision. On June 20, 2000, Michael W. Rumpf, Director of Planning and Zoning for the City of Boynton Beach, responded to Mr. Layman's reconsideration request. It was Mr. Rumpf's decision on June 20, 2000 that Boynton Landings appealed on June 29, 2000. On August 2, 2000, Mr. Rumpf and Ms. Lusia Galav, Senior Planner, met with Mr. Layman and Felix Canino of our office. It was at that meeting that Mr. Rumpf and Ms. Galav informed Mr. Layman and Mr. Canino of the City Attorney's decision that the filing of the appeal was untimely. In a letter to Mr. Layman dated August 7, 2000, you again stated the City's position that the "appeal clock started running on June 1, 2000, when the City officially notified you of denial of your request for modification." Based upon that reasomng, it is your position that our appeal was not timely filed. We respectfully disagree with your position. GREENBERG TRAURIG. {~.A. P.O. BOX 20629 WEST PALM BEACH~ FLORIDA 33416-0629 561-550-7900 FAX 561-655-6222 www.gtlaw.com EXHIBIT "P" Nicholas I. Igwe, Esq. Assistant City Attorney City of Boynton Beach August 21, 2000 Page 2 Chapter I. Article VII, Section 1 .B. permits an ag~eved party to appeal a decision of an administrative official by filing the appeal "within fifteen 15 calendar days after rendition of the order, requirement, decision or determination with the official from whom the appeal is taken..." A common sense interpretation oftkis provision reveals that our appeal was timely filed. We are seeking to appeal a deCis~6n of an administrative official (Michael Rumpf) and have .filed such an appeal within 15 days of his decision made on June 20, 2000. We notified the city Of our decision to appeal on June 29, 2000. Article VII, Section 1 itself is entitled, "Appeals from decisions of an administrative offic/al." The City Code does not specify at what level on the administrative ladder a party must appeal from. It simply provides the right to appeal a decisio~a by an "administrative official." Literally, ~vhat Article VII, Secnon 1 B provides for, in this case, ~s an appeal, of a d eislon by · ' .... w ' ' 2 th an admlmstratlve official. That is precisely what e are doing, appeahng from the June 0 administrative decision by Mr. Rumpf. You also point out in your August 7th letter that nothing in the City Code authorizes an aggrieved par[y to seek a "reconsideration" of a decision of a city official. And you note that under the Florida Rules 0fAppellme Procedure, a motion for re- consideration of a decimun does not toll the time period for filing an appeal. First. if it is your position that there is no procedure for seeking reconsideration of a city official's decision, then the Rules of Appellate Procedure do.not .apply. Second; if the Rules of Appellate Procedure do apply, and I believe that they do, I would direct you to Rule 9.020(h) cunc~'r~ing rendition of an order. An order is rendered when a signed written order is filed with the clerk of the lower tribunal. Rule 9.020(f) defines an "order" as a decision, order, judgment, decree or rule of a lower tribunal. And, subsection (b) of Rule 9.020 defines "clerk" as the person or official specifically designated as such or, if no person is so designatedl the official or :agent who most closely resembles a clerk in the functions performed. Therefore, assuming your position is correct for the moment, and we disagree that it is, before an appellate expiration date can be ascertained, it must first be determined when the June Is~ decision was actually filed with the Clerk or person so designated. Despite your contention that no procedure for reconsideration of administrative decisions exists, a review of the June 20, 2000 letter from Mr. Rumpfto Mr. Layman shows a complete reconsideration or "re-examination" of Ms. Galav's June 1st decision. Mr. Rumpf begins his June 20m letter by stating, "I have re-examined this situation that involved 10 banners..."(emphasis added). That is precisely the issue that Ms. Galav was dealing with. And a Thesaurus g/yes the meaning of the term re-examined, and a synonym for it, as EXHIBIT "P" Nicholas I. Igwe, E~q. Assistant City Attorney City of Boynton Beach August 21, 2000 Page 3 reconsideration. Whatever the semantics, Mr. Rumpf clearly reconsidered Ms. GaIav's June decision. Ma'. Rumpfi the Director of the City's Division of Planning and Zoning and Ms. Gatav's superior, did not simply reiterate what Ms. Galav stated in her June 1st letter. Rather, Mr. Rumpf took an entirely new look at the applicable City regulations and all documents submitted in our application for a minor modificatton. He determined that the "banners" represent a sign, an issue Ms. Galav did not address. He conducted an analysis of the applicable city regulations and made findings as to why these "signs" were not permitted by city regulations, something else Ms. Galav did not do. He went further and found that the "signs" represent an "unapproved modification to the site plan for the subject property," a "significant addition to the maximum sign area for the project that has not been reviewed" and thai these "signs" are "subject to the basic sign regulations such as setbacks," all new issues and ones not addressed by Ms. Galav. It is, therefore, very clear that Mr. Rumpf undertook a complete reconsideration of Ms. Galav's June 1st decision. Even if City regulations do not spell out any procedure for obtaining reconsideration, they do not prohibit such ;actions by City officials. And it is our position that once a Division Director reconsiders or re-examines an earlier decision by a subordinate city official, that Division Director's reconsidered decision is subject to appeal with/n 15 days. We also take issue with the manner in which this appeal was handled and, as a result, believe the City of Boynton Beach has violated our client's right to due process. Chapter I, Article VII, Section 1.B. requires that within 15 days ofa deciston, the appeal shall be filed with the official from whom the appeal is taken. The administrative official is to then prepare the record and forward the record and appeal to the appropriate appeal board for placement on the board's next available agenda. Subsection D.2. of Article VII provides that the "City Commission will hear and decide appeals .of administrative decisions or determinations in the enforcement or administration of major/minor site plans. And subsection 4 of Article VII grants an ag=m'/eved party the right to appeal a decision of the City Commission to the Circuit Court. In this instance, our appeal and accompanying record was never forwarded to the City Commission, in violation of Chapter I, Article VII, Section :I.B. Additionally, we have never even received a written response from the City regarding our appeal. Moreover, the City Commission is the appropriate body, sitting in its appellate capacity, to have determined that our appeal was untimely filed, not tl/_e City Attorney's Office. The City Commission could have certainly asked for advice from your office, but a wdnen Commission decision should have been issued regarding the timeliness of our appeal. From that Order we could have appealed to the Circuit Court. As it now stands, we have no written decision to appeal as the proper appellate procedures were not followed by the City of:Boynton Beach. GREENBERG TRAURIG EXHIBIT "P" Nicholas I. Igwe, Esq. Assistant City Attorney City of Boynton Beach August 21, 2000 Page 4 I recommend the following, that the City of Boynton Beach treat ou.r appeal as timely filed, forward our appeal to the City Commission and permit the City Commzsszon, sitting in its appellate capacity to determine the issues on the merits. If not, we will be forced to proceed with a Writ of Certiorari to the Circuit Court and will seek all available relief allowable as a result of the City's failure to properly follow ~ts appellate procedures and ~ts ~olatmn of our, chent s right to due process. Very truly yours, TWS/dj cc: Richard Schlesinger Daniel Ruda James Cherof, Esq. ,/Michael W. Rumpf Lusia Galav Timothy W_. Sch~zz kSCHULZ'B306186v01 \6K9601LDOCW21/00 GREENBERG TRAURIG The City of Boynton Beach I00 E. Boj,'nton Beach Boulevard P.O. Box $10 Bo~nton Beach, Florida 334,25-0510 Of~t of the City Attorney ($61) 74.2-6050 FA.X: ($61) 74.?-6054 EXHIBIT "Q" '4. August 25, 2000 Timothy W. Schultz Greenberg, Traurig PO'Box 20629 West PalmBeach, Rorida33416-0629 Re: Boynton Landings Appeal Dear Mr. Schultz: We have your letter of August 21, 2000 regarding Boynton Landings Appeal. The City will process your appeal. Please submit the application and the necessary filing fee to Mike Rumpf, Planning and Zoning'Director. Thank you. Very truly yours, Nicholas I. Igwe, Assistant City Attorney NII/mlr / Cc: Mike Rumpf, Director of Development'~ 3ames A. Cherof, City Attorney Lusia Galav, Senior Planner David Layman, Esqu re 'An Equal Ogportun ty/Aj~rrnat ye Act,on/A~A Employer 'FIMOTHY w SCHULZ tk'Fqt~ kl M BEACH OFFICE DIKECTDIAL: 561 650-7971 Email' schulzt~guaw.corn EXHIBIT "R" September 12, 2000 By facsimile copy 742-6.054 and U.S. Mail S_Fp I 3 Nicholas I. Igwe, Esq. Assistant City Attorney City of Bo~vnton Beach 100 E. Boymon Beach Blvd. Post Office Box 3 I0 Boynton Beach. Florida 33425-0310 RE: Boynton Landings Appeal Dear Mr. Igwe: I have received and reviewed your letter dated August 25, 2000, written in response to our August 21, 2000, letter regarding the above cited appeal. After reading your letter, I was unsure as to the City's position on this matter. Your letter does state that the City will process our appeal. As a result, it is my understanding that all materials already sent to the city are to be forwarded to City Counsel. who will then place'the matter on their agenda and sit in an appellate capacity. However, your letter also states that we should submit the application and the necessary filing fee to Mike Rumpf. I was unsure as to whether your letter was referring to an application and fee for the appeal or some other type of application. In order to avoid confusion, please accept this letter as our Notice of Appeal from the June 20, 2000, decision of Mike Rtampf, denying Boynton Lan~ngs' request for a minor modification of the approved site plan. Enclosed is our check in the amount 5200.00 for the filing of this appeal. Please have alt materials that we previously filed with the City as parr of our request for minor modification of the approved site plan forwarded to the City Counsel, said materials constituting the appellate record. I would suggest that we discuss an appropriate date For City Counsel to hear arguments on this matter. EXHIBIT "R" Nicholas I. Igwe, Esq. Assistant City Attorney City of Boynton Beach September 12.2000 Page 2 If my understanding of your letter is incorrect, please call me in order to discuss. TWS/dj Enclosure CCl Richard Schlesinger Daniel Ruda James Cherof. Esq. -/Michael W. Rumpf Lusia Galav Very truly yours, Timothy W. Schulz XSCHUI. ZT~07947v01%6LM301 LDOC\9/$/00 (~REENBERG TRAURIG EXI-IIlllT"" Conditions of Approval Project name: BOYNTON LANDI~NGS APARTMENTS) File number: ADAP 00-001 DEPAKT1VJENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DMSION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTERfENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. Denied. X ADDITIONAL CITY COMMISSION CONDITIONS DEPARTMENTS 2. To be determmed. INCLUDE REJECT J:\SH RDATA'tPLANNING~SHARED\WP\PROJ ECTS\BOYNTON LANDINGS ADAP 2000\CC 12-5~00 COND. OF APPROVAL.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: BOYNTON LANDINGS :APARTMENTS APPLICANT'S AGENT: David M. Layman, Greenberg Traudg P.A. APPLICANT'S ADDRESS: 250 S. Australian Avenue #1003, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2000 TYPE OF RELIEF SOUGHT: Administrative Appeal LOCATION OF PROPERTY: 2309 North Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appeanng on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS x HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. ~ DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk Requested ¢ity Commission Meeting Dates [] November 21, 2000 [] December 5, 2000 [] December 19,2000 [] January 2, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be lamed into City Clerk's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December20, 2000 (5:00 p.m Requested City Commission Mee~in~ Dates [] January 16, 2001 [] February6, 2001 [] Febratuy 20, 2001 [] March 6, 2001 V-CONSENT AGENDA ITEM E. Date Final t:orm Must be Turned in to Cit~ Clerk's Office January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) Februa~ 7, 2001 (5:00 p.m.) Febmm'y 21,2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing .[] Legal --] Bids [] Unfinished Business ~ Announcement [] Presentation RECOMMENDATION: Motion to approve Task Order #1 with Hartman & Associates for the preparation of design/build documents for the installation of a new 12" water main to complete a loop on Hypoluxo Rd from Overlook Rd. to Seacrest Blvd. and replace existing small rear easement water mains in the San Castle area east of 1-95 in the amount of $43, 650. These documents will be used to obtain competitive bid/design proposals. EXPLANATION: The Utility Department has identified the need to "loop" water mains on Seacrest Blvd. with Overlook Rd. to eliminate dead ends, improve water quality and flow availability. There are also several areas in this neighborhood needing replacement of rear easement small diameter water lines and services. Existing problems that need to be resolved include: low volume, deteriorated water quality due to increased iron levels, loss of disinfection, fire flow, and very poor access to meters and mains in fenced rear yards. Hartman & Associates is one of our Commission approved Utilities consulting engineers and has recent experience with design/build replacement of water mains with a similar project for the City of Wilton Manors in Broward County. PROGRAM IMPACT: We recommend installation of this new water main on Hypoluxo Rd. and replacement of existing water mains in this area. Namely Orange St., Ficns Tree Dr., Meatone Rd., and Washington Ave. This work also includes preparation of designfenild documents, bid phase services, and a neighborhood meeting with all impacted residents. This project will not include storzawater improvements ns this area is outside of City limits. Construction management services are not part of this contract and they will be recommended at time of contract award. FISCAL I/VIPACT: The cost of this task order is $43,650. and funds are available in the Utility General Reserve account #403-5000-590-96.02, WTR054. This project is listed in the C.I.P. book and assigned #'s 01039 and 01041. ALTERNATIVES: 1. Leave old rear easement mains in place, 2. Perform traditional full design and bid with inspection and construction management services during construction. S 5BULLETIN~OR2VlSL~.GENDA ITEM REQUEST FORxM.DOC CITY OF BOYNTON BEACH AGENDA'ITEM ~QUEST FORM over for this ignature City Manager s Signature Department Name City Attorney Finance / Human Resources Attachments: Two original agreemems CC: Dale Sugerman Bob Kenyon Barb Conboy Dom Formanek S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC HARTMAN & ASSOCIATES, INC. engineers, hydrogeologists, surveyors & management consultants November 15, 2000 Mr. Robert L. Kenyon City of Boymon Beach Utilities Department 124 East Woolbright Road B0ynton Beach, FL 33437 HAI#00-197.01 ~,~w~ ~ Re: TASK ORDER #1 TITLE: San Castle Subdivision Water System Improvements Dear Mr. Kenyon: As you requested, we are herewith providing you a proposal to complete construction documents, as a des~gn/barld project, for water mmn replacements and water service relocatzon serving approximately 120 residences as follows: · Seacrest Boulevard: 2,650 L.F. · Hypoluxo Road: 2,700 L.F. · Mentone Road: 1,200 L.F. · Ficus Tree Drive: 1,100 L.F. · Hibiscus Tree Drive: 250 L.F. · Tulip Tree Drive: 250 L.F. · Plum Tree Drive: 250 L.F. · Old Spanish Trail Road: 500 L.F. · Orange Street: 1,350L.F. · San Castle Boulevard: 900 L.F. · Waslfington Avenue: 800 L.F. We look forward to the opportunity of serving, the City of Boynton Beach and appreciate the request for a proposal. Please do not hesitate to contact me, should you have any questions or commems regarding this proposal. Very truly yours, ~W-~s~. Christopher, P.E. Vice-President Enclosure File: 00-197.01 A 201 EAST PINE STREET · SUITE 1000 · ORJ~MNDO. FL 32801 TELEPHONE (407) 839-3955 ° FAX (407) 839-3790 · www. consultahaLcom NewServerAVoMPro¢/2000 00-197.01/Agreemems~V.A. ORLANDO FORT MYERS PLANTATION IACKSONVILLE DESTIN II. TASK ORDER #1 DATE: NOVEMBER 15, 2000 TITLE: SAN CASTLE SUBDIVISION WATER SYSTEM IMPROVEMENTS BACKGROUND A portion of the existing water system within San Castle subdivision consists of small diameter mains located outside of public right-of-way. Tins situation has resulted in poor water pressure for the residents and difficulty for the City m reading water meters and maintaining the water system. This project consists of preparing Design/Build documents for appm~mate~3~:~ 8,500 linear feet of new water main and replacing approximately 120 serqieeS along the following roads: · South side of Hypoluxo Road between Seacrest Blvd. and Overlook Road · Seacrest Blvd. between Menton Road and Hypoluxo Road · Orange Street between Mentone Road and Old Spanish Trail Road · Mentone Road between Seacrest Blvd~ and Sand Castle Bird. · Ficus Tree Dr, between Orange Street and Sand CastleBlvd. · Washington Ave. between Hypoluxo and Florence Road In addition to the services described below. HAl will assist the City in conducting a public meeting to present the project and address any concerns regarding this project to San Castle residents. SCOPE OF SERVICES The following services are proposed: A. Preliminary Design 1. HAI shall prepare a preliminary engineering design which shall include: Alternate routing, as applicable Preliminary estimated cost at construction Methodologies and standard details for installation of services 2. During this phase HAI shall: Meet with Palm Beach County · Collect available plat information Discuss R-O-W issues Collect available data on existing water & wasrewater utilities Conduct preliminary meeting with Health Department Attend public meeting NewServerAVordProe/200000-197.0IIAgreemenl~3/.A Page 1 of 4 11/17/00 Co PREPARE CONSTRUCTION DOCUMENT Prepare schematic drawings and specifications for the proposed improvements. Documents shall generally include drawings covering the following: Cover sheet, index, location map, and general notes. Utility plan drawings for construction of the water services placement. Standard and special construction detail sheets, as required. Provide the City with three (3) copies of the documents and conduct a rewew meeting at the 60 and 90 percent completion stages of the project. A meeting wiI1 be held following the City's review of each submittal to discuss concerns and/or comments that the City may have regarding the submittal. Provide the City with an opinion of probable cost based final drawings and specifications. PERMITTING Permitting shall be specified in the contract documents as being the responsibility of the Contractor. SURVEYING SERVICES All survey services shall be specified as being the responsibility of the Contractor. UTILITY LOCATIONS 1 All utility locations shall be specified as the responsibility of the Contractor. BIDDING AND AWARD Upon authorization by the City to proceed with the Bidding Phase of this project, HAI shall: Provide to 'the City three (3) copies of the Contract Documents (engineering drawings and specifications) and any Addenda, which may be issued during bidding for the City's use. Additional sets required for bidding will be sold by HAI to bidders or others for a nominal fee approximately equal to the cost of printing. NcwServer/Wora"i~oeaOOOOO-197.011Agreemcnts~V.A. Page 2 of 4 11/17/00 III. Assist the City in evaluating bids or proposals and make recommendation for the Award of Contract: and assist the City in obtaining the Insurance Certificates and other such submittal items required from the Contractor by the Contract D0cumen~/S' so ,that construction of the projects can commence. Consult with and advise the City as to the acceptability of subcontractors and other persons and organizations proposed by the pr/me contractor for those portions of the work as such acceptability is required by the bidding documents, Consult with:and advise the City as to the acceptability of substitute materifiI~ and: ec[uipment proposed by Contractor when allowed by the bidding documents, Prepare three (3) copies of a conformed Set of Contract Documents for execution as contract sets. SERVICES NOT INCLUDED 1. Permit fees 2~ Property Acquisition services (if needed) 3, Utility Easement Acquisition Services (if needed) 4. Geoteehnical Services (if needed) PROJECT SCHEDULE A, Preliminary Design' 1. 75% Submittal - 60 days from Notice to Proceed 2. Public Meeting - 10 days from receipt of City 75% comments 3. 100% Submittal - 20 days from public meeting B. Final Construction Documents 60% Submittal - 20 days from City acceptance of Preliminary Design 90% Submittal - 20 days from receipt of City 60% review comments Advertise for Bids ~ 20 days from receipt of City 90% review comments NewServerAVordl?roc/200000-197.01/Agr~ments~W.A. Page 3 of 4 11 q7/00 IV. COMPENSATION A. Services for professional engineers fees are as follows: Prelim/nary Design: $16,280,00 · Final Design $14,550.00 · Bidding and Award: $5,450.00 · Project Management: $4,370,00 · Reimbursable Expenses: $3,000.00 Total: $43,650.00 APPROVED BY CITY OF BOYNTON BEACH, FLORIDA BY: Mayor Date Approved as to Form: City Attorney SUBMITTED BY HARTMAN & ASSOCIATES, 1NC. ,/Vice President . ]'4ewServer/Wor dPrc~/2000~0-197.01/Agreement s/Wa~ Page 4 of 4 11/17/00 HARTMAN & ASSOCIATES, INC. engineers, hydrogeologists, surveyors & managemem consultants November 15, 2000 Mr. Robert L. Kenyon City of Boynton Beach Utilities Department 124 East Woolbright Road Boynton Beach, FL 33437 HAI#00-197.01 Re: TASK ORDER #1 TITLE: San Castle Subdivision Water System Improvements Dear Mr. Kenyon: As you requested, we are herewith providing you a proposal to complete construction documents, as a design/build project, for water main replacements and water service relocation serving approximately 120 residences as follows: · Seacrest Boulevard: 2.650 L.F. · Hypoluxo Road: 2,700 L.F. · Mentone Road: 1,200 L.F. · Ficus Tree Drive: 1,100 L.F. · Hibiscus Tree Drive: 250 L.F. · Tulip Tree Drive: 250 L.F. · Plum Tree Drive: 250 L.F. Old Spanish Trail Road: 500 L.F. · Orange Street: 1,350 L.F. · San Castle Boulevard: 900 L.F. · Washington Avenue: 800 L.F. We look forward to the oppommity of serving, the City of Boymon Beach and appreciate the request for a proposal. Please do not hesitate to contact me, should you have any questions or commems regarding this proposal. Very truly yours, H an&Ass cra , ~.. Christopher, P.E. JVice-President Enclosure File: 00-197.01 A 201 EAST PINE STREET · SUITE I000 · ORLANDO. FL 32801 TELEPHONE (407) 839-3955 ° FAX (407) 839-3790 ° www. consulthai.com NewServer/WordProed2000 00-197.01/Agreemenrs/W-A. ORLANDO FORT MYERS PLANTATION JACKSONVILLE DESTLN Il. TASK ORDER #1 DATE: NOVEMBER 15, 2000 TITLE: SAN CASTLE SUBDIVISION WATER SYSTEM IMPROVEMENTS BACKGROUND A portion of the existing water system within San Castle subdivision consists of small diameter mains located outside of public fight-of-way. This situation has resulted in poor water pressure for the residents and difficulty for the City in reading water meters and maintaining the water system. This project consists of preparing DesigrffBuild documents for approximately 8,500 linear feet of new water .main and.replacing approximately 120 services along the following roads: · South side of Hypoluxo Road between Seacrest Blvd. and Overlook Road Seacrest Blvd. between Menton Road and Hypoluxo Road · Orange Street between Mentone Road and Old Spanish Trail Road · Mentone Road between Seaarest Blvd~ and Sand Castle Blvd. · Ficus Tree Dr, between Orange Street and Sand Castle Blvd. · Washington Ave. between Hypoluxo and Florence Road In addition to the services described ~below; HAI will assist the City in conducting a public meeting to present the project and address any concerns regarding this project to San Castle residents. SCOPE OF SERVICES The following services are proposed: A. Preliminary Design 1. HA1 shall prepare a preliminary engineering design which shall include: Alternate routing, as applicable Preliminary estimated cost at consWuction Methodologies and standard details for installation of services 2. During this phase HAI shall: ao Meet with Palm Beach County · Collect available plat information · Discuss R-O-W issues Collect available data on existing water & wastewater utilities Conduct prelim/nary meeting with Health Department Attend public meeting NewServer/Word?rocd200O00-197.01/Agreements/W.A. Page 1 of 4 11/17/00 PREPARE CONSTRUCTION DOCUMENT 1. Prepare schematic drawings and specifications for the proposed improvements. Documents shall generally include drawings covering the following: Cover sheet, index, location map, and general notes. b. Utility plan drawings for construction of the water services placement. c, Standard and special construction detail sheets, Ss req~uired. 2. Provide-the City~ with three ~3) ~opies of the documem~ and conduct a review meeting at the 60 and 90 percem'~co~plefion stag~s 0f the project. A meeting wi]] be held foll0wir~ the' City s }ev~ew o~ e~eh,sub~itt~l to discuss concerns and/or comments that the City may have regarding the submittal. 3. Pro,de.. tlle.,~yGit with an ,oPinion of probable cost based final drawings and specifications., . - - PERMITTING 1. Permitting shall be specified in the contract documents as being the ,responsibility of the Contractor. SURVEYING SERVICES 1. All survey services shall be specified as being the responsibility of the Contractor. UTILITY LOCATIONS 1. All utility locations shall be specified as the responsibility of the Contractor. BIDDING AND AWARD Upon authorization by the City to proceed with the Bidding Phase of this project, HAI shall: 1. Provide to the City three (3) copies of the Contract Documents (engineering drawings and specifications) and any Addenda. which may be issued during bidding for the City's use. Additional sets required for bidding will be sold by HA1 to bidders or others for a nominal fee approximately equal to the cost of printing. Page 2 of 4 11/1'//00 Assist the City. in evaluating bids or proposals and make recommendation for the Award of Contract; and assist the City in obtaining the Insurance Certificates and other such submittal items required from the Contractor by the Contract Documents so that construction of the projects can commence. Consult with and advise the City as to the acceptability of subcontractors and other persons and organizations proposed by the prime comxactor for those portions of the work as such acceptability is required by the bidding documents, Consult with and advise the City as m the acceptability of substitute materials and equipment proposed by Contractor when allowed by the bidding documents. o Prepare three (3) copies of a conformed set of Contract Documents for execution as contract sets. SERVICES NOT INCLUDED I. Permit fees 2. Property Acquisition services (if needed) 3. Utility Easement Acquisition Services (if needed) 4. Geotechnical Services (if needed) III. PROJECT SCHEDULE A. Prelimins~ Design 1. 75% Submittal - 60 days from Notice to Proceed 2. Public Meeting - 10 days from receipt of City 75% comments 3. 100% Submittal - 20 days from public meeting B. Final Construction Documents 60% Submittal - 20 days from City acceptance of Preliminary Design 90% Submittal - 20 days from receipt of City 60% review comments Advertise for Bids - 20 days from receipt of City 90% review comments NewServer/Wordl~oe/200000-197.01/AgreemeatstW.A Page 3 of 4 11 I17/00 A. Services for professional engineers fees are as follows: Preliminary Design: $16,280:00 · Final Design $14,550.00 · Bidding and Award: $5,450.00 · ProjectManagemem: . $4,370.00 · Reimbursable Expenses: $3',000.00 Total: $43;650:00 APPROVED BY CITY OF BOYNTON BEACH, FLORIDA BY: Mayor Date Approved as to Form: City Attorney SUBMITTED BY HARTMAN & ASSOCIATES, INC. By: ~~~-~- ~fflle~ E: Christopher, P.E. /~ Vice President Date NewServer/WordProc/200000-197.01/AgreementsAV.A. Page 4 of 4 11/17/00 Requested City Commission Meeting Dates [] November 2 t, 2000 [] December 5, 2000 [] December 19 2000 [] January2:2001 V-CONSENT AG E N DA ITEM F CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FORM Date Final Form Must be Turned tn ro City Clerk's Office November 9, 2000 (5:00 p.m. November 22. 2000 ~5:00 p.m.) December 6. 2000 (5:00 p.m. December 20. 2000 (5:00 p.m.) Requested City Comrmssmn Meetmu Dates ] January i6. 200t [] Febmar~ 6. 2001 [] Febmary 20. 2001 [] March 6, 2001 Date Final Form Must be Tumefl in to City Clerk's Office January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m., February 7, 2001 (5:00 p,m. February 21, 2001 (5:00 p.m.) NATURE OF AGENDA 11 EM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve the expenditure of $23.090 for the purchase of two Trimble ProXR GPS units from GPSServ, [nc. The Trimble ProXR GPS units are on SFWMD Bid # RFB 00-044 (see amached). Funding for one unit is available in the GIS Computer Equipment Account 001-151 I-513-64-15, and funding for the second unit is available in Utility Account 401-2822-536-99-19. EXPLANATION: The purchase of this GPS/GIS surveying and mapping equipment will enable the City of B0ymon Beach staff to collect stawey quality digital data with sub-meter accuracy (within three feet). City staff inn the field doing data collection can operate the GPS backpack umt. The digital data that is collected (i.e.~ location and condition of f~re hydrants, street signs, street lights. FP&L tnihty poles, etc.) will be brought into th~ GIS database and mapped for inventory and facilities/asset management. PROGRAM IMPACT: The result will be, a reduction in the City of Boynton ~Beach's dependence upon outside consulting fro:ns for GIS and GPS services.~ This GPS equipment provides the City with the ability to complete GIS/GPS inventory with city staff. FISCAL IMPACT: A reduction in funding consulting firms to accomplish this task will be realized. Funding in the amount of $278,100 was approved for contractual services in the GIS FY 2000-01 budget. Purchasing the equipment and having city staff collect the necessary data will save a minimum of $17,239 in consulting fees. /¢ D/artment Head's Signature t t / Infomt/on Technology Services/G.I.S. Department Name S:~BUI~LETINkFORMSkAGENDA ITEM P~EQUEST FORNi. DOC '(2-i~y ,'~"a~a g er ' s Signature City Attorney / Finance / Human Resources sOUTH FLORIDA WATER MANAGEMENT DISTRICT REQUEST FOR BIDS (RFB) Bids Most Be Submitted To The Following Address: South Florida Water Management District Arm: Procuremem Department B-1 Building, 2"a Floor West 3301 Gun Club Road West Palm Beach, FL 33406 Title: GLOBAL POSITIONING SYSTEM Number: 00"044 Issue Date: June 1, 2000 Minority and Women~Business Enterprise (/VIONBE) Miuimu~ Parfici~ti~ Goal N/A (S~e Part 5) Purpose::,The ,purp6se o£ this- RFB is to solicit bids from responsive and responSibI6 bidders for two (2) Ttimble ProXP. Global Positioning System~ With aecess0riea A more complete description oftbe technical specifications can be found in Part 4 of this RFB. Inquiry Period: June 5, 2000to June 15, 2000 Inquiries may be made between the hours of 8:00 A.M. and 5:00 P.M. xveekdays. Direct All Inquires to: Procurement: Lois Begnoche, Purchasing Agent Telephone No: (561) 682-6389 E-Mail: lbegnoeh~sf~wthd.gov Fax No: (561) 681-6275 Note: All technical inquiries must be submitted in writm$ via Fax or E-Mail. Deadline For Bid Submission: JUNE 22, 2000 2:00 P.M. Confa'mation of t/mely receipt may be made by calling (561) 687-6390 Bid results and official award information may be obtained by calling the 24-hour BID I-IOTLINE 800-472-5290 This RFB is Comprised of 6 Parts: Part 1. General Guidelines and Information Part 2~ Instmctiuns for Preparing Responses Part 3. Bid Form Part 4. Specifications Part 5. M/WBE Guidelines and Information Part 6. SPecial Instructions, Terms and Conditions RFB 00-044 Page 1 Of 15 PART 1 GENERAL GUIDELINES AND INFOR.r~I.4.T. ION 1.4 POINTS OF CONTACT AND TIMETABI.E FOR INOUIRIES 1. I DEFINITIONS "RFB' A Request For Bids, which is a written solicitation for sealed competitive bids irt which price is the main selection criteria. "Bidder" or "Respondent". All contractors, consultants, respondents, organizations, firms, or other entities submitting a response to this RFB. Respondents may contact the District to discuss this ~olicitation. Point of contact for inquiries is specified on the cover page. Ail respondent's verbaI inquiries should be confmned in writing either through the mail or via facsimile transmission. InquMes will not be entertained beyond the cut-off date indicated on the cover page in order that answers to substantive questaans, in the form of written addenda, may be chstr/buted ro all who requested the s~)I/citatian. 1.5 ADDENDA id or Response. The bidders written response ro thls RFB offering te provide tl/e specified commodities ancVor services. It shall be ennsidered as a formal o'ffer. Sot ~tat~on. A formal requestto obtain commotht~es and/or services. It includes Requests For Bi'ds~ Proposals, Quotes, or Information. "District." I'he South Florida Water Management District. "Contract." A binding written agreement, including purchase orders, containing terms and obligations govemmg the relationship between the DisWict and the other party. Minority/Woman Business Enterprise (M/WBE): Refer to Part 5 of RFB. 1.2 DISTRICT OVERVIEW AND MISSION The Dislrict headquarters is located in West PaLm Beach. Florida. The D/strict currently employs approximately 1,700 people. The District's area of respons~ility extends over 16 counties from Orlando to Key West, serving a population of over 5.4 m/Ilion people. The Mission of the District is to manage water and related resources for the benefit of the public and in keeping with the needs of the region. The key elements of the Mission are: envirormaenral protection and enhancement, water supply, flood protection, and water quality protection. The Mission is accomplished through the Combined efforts of planning and research, operations and maintenance, community and government relations, land m~nagement, regulation, and consu'uction. 1.3 INVITATION This invitation ~s extended to all qualified fn-tus, thcluchng businesses certified as minotity-owued or joint ventures Milch can provide the requirement(s) specified hereto. Responses should be prepared simply and economically, addressing the requiremen~ in. a straightforward and contuse manner. The requFemems presented in this solicitation repre_.~em the Dtstvrc,~t s ant~mpated needs. - ' ' -:' - -~' ~*~.am~ If any solicitation revismns become necessary, including changes to the deadline for response submission, the District will pray/de wfirren addenda to those who requested this solicitation. Each addendum issued by the District will include a receipt acknowledgement. A separate receipt for each addendum mustbe signed and submitted to the D/sir/ct If issued, the District will marl written addenda at least seven (7) calendar days before the date ftxed for opening the responses. All [espondents should contact the District before the solicitation deadline to ascertain whether any addenda have been issued. Failure to do so could result in a determination that the subm/ssinn is non-responsive. [.6 CONTRACT DOCUMENTS If a bidder protests any provisions of the contract documents, a notice of Intent to protest must be fried with the District in writing within 72 hours after rece/pt of the Notice of Request for Bid. The formal written protest shall be filed within ten (10) days after the date the notice of intent to protest is filed. Failure to file a protest with_in the t/me prescribed in Chapter 28-110, Florida Administrative Code and Section 120.57(3), Florida Statutes, shah constitute a waiver of proceedings under Chapter 120, Florida Statutes. 1.7 STATEMENT OF NO RESPONSE Respondents not responding to this solicitation should complete the attached Statement of No R~sponse form and return it to the District by the deadline for response submission in an envelope plainly marked with the 5olicitafion number and the reference: "No Response." Failure to return this form may result in your firm being trapped from consiclemfion for future solicitations. The form may be submitted v/a facsimile ~ransmission to number (561) 681-6375. 1.8 WITHDRAWAL OF RESPONSE Respondents may withdraw their submitted response by notifying the District either in writing or in person through an authorized representative at any t/me prior to the submission deadline. Individuals making the withdrawal shall pray/de ~ eviden.~_c.e that they are an authorized representative of the ~es~dnO&nY. ResponseS, dr~c~i-~cei-Ce-d;'~'~-~'~'~ t~e-property of the District, and will not be returned to respondents even when they are w~thdrawn from consideration. Responses, once >pened, may not be withdrawn or modified. R~B 00-044 Page 2 of I5 1.9 DEVELOPMENT COSTS Neither the Disn'ict nor its representatives shall be liable for any expenses incurred in connection with the preparation, submission >r presentation cfa'response to th~s solicitation· Ail information in the response shall be provided at no cost ro the Distriar. 1.I0 RESPONSE' SUBMISSION AND OPENING All responses must be submitted in a sealed envelope by the deadline indicated on the cover page of this solicitation. The M/'WBE Utilization Plan shall be submitted with the bid, Good faith efforts shall be included if~fl'ie~/WBB goo is not met: The response shall idenfi~(%h~ :~iicitation 'n'~h~r and .title specified' on the cover ~ge 0~':%I/is ~;¢licitafi°n. TMs reference information shall al~o be mar~ed_ on:the' ou~i:d~;.o f the sealed eavelope;,inCIuding the fesp~d~n~f~Se~ a/:l&~ The District assmne~, no reSPanSibifi~ :~cff ?~0nshs' nol ~roperly marked. The District cauhons .respondents to assure actual delivery of resp~s~es either'hand delivered hr' mailed '~ia 'u.S. mail or ove~gh.t couri~r, dizectly'to ~he'l~i~tri~t;s'D'i~isi0n of Procurement and Contract Adlnini~trafiol/in the Distric{sZ' B-1 BinldLng, 2nd Floor West prior t6 the deadLMe set fo~ cunning, responses. The District will not accgpt reeponses delivered after the estabhshed deadline. Receipt of :a r~ponse by an,3 District office, rece, pfionist or person~ other than the Divisibn of Procureh~enf and contract',~ m~nistr'ation does not'cbnstitute "deI~very" as required ~1 !this solicitation. Tel ~er~,one confn'mafion of timel~ r~eipt, the reSPOnse may be m~de'by calling (561)' 687-6390befor~ ; opening me of the responses. The District sh~ll not :ePt or consider responses submitted Via facsimile transmissi, responsible; or (3) if t~e response contains any material irregularities. The District reserves the right to waive any minor Lrregularifies and to accept the most responsive and responsib~.. bid. as detem~ined by the District. The Districfs basis; rejecting any bids shall not be arbitrary or capricmns. In no c~- may a response be transferred or assigned by a respondent after · th~ responses have been 0p~ned. B. Irre~-alarilSes: Bids will be considered irregular if, for example, they show omissions, unauthorized alterations of form, addifiOm not c~.lled fhr, conditional or unauthorized alternate bids, or other irregularities of:any kind. ~Unbalanced unit prices, either in excess of or below the reasonable cost analysis values, or incomplete un t prices, may be considered an irregularity. Bids co~nta~/ng ~ -material · irregularities as de'ermined 6y the Dis~x-ici ma~y b~ ~:¢)~t~d~by the l~istfiet C. Tie Bids: In the event of ties as m the lowest responsive and responsible bid the contractor shall be selected based on the foll;win~ brder o'f pref~nce: (1) a university within the Florida State University system, pursuant to Section 3'73.63, Florida S~tutes, (2) a business which has implemented a drug-free Workplace program pursuant to Section 287.087, Floc/da Statutes, and (3) an entity chosen by random selection. D. Bid Confn-mation: The Dis~-ict reserves the right to request a written corLfirmation of the bid and additional information relating to the bidder's responsibility prior ro awarding a conu-acr. Failure of the bidder to cord'mu the bid within seven (7) calendar days from the date of the Distric¢--~-., request may render the bid nOn-responsive and will entitle t~ D~stnct to award the contract to the next lowest bxdder. The District aisc rose ~:~ves the fight to cancel this RFB at any time and/or to solicit and re-advertise for other bids. 1·13 AWARD The~pubI/c is welcome to attend th~ solicitation opening i. 11 DISCLOSURE Upon receipt, responses become "publ/c records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Respondents must invoke the exemptions to disclosure provided by law, in the response to the sohcitation, by providing the specific statutory authority for the claimed exemption, i&mtifying the data or other materials lo be protected, and stating the reasura why such exclusion from public disclosure is necessary. Responses will be made available for public inepecuon ar the time the District posts notice of its decision or intended decision concerning conu:acr awards, or mn (10) days after the response opemng, whichever is earlier 1,12 REJECTION OF RESPONSES The respondent understands that this sohcitafion or the response does not constitute a contract with the Disffict. No contract is binding or official until responses are reviewed and accepted by appointed District staff, approved bY the appropriate level of authority within the District, and either an official contract is duly executed by the parties or a purchase order is issued to the respondent. ^ sample contract is attached to this solicitation. The District anucipates that the final official contract will be in substantial conformance with the sample contract. Nevertheless, respondents are advised that any contract which may result from this solicitation may deviate from the sample contract. Any deviations fi-om the sample contract that may be required by the respondent shall be subrrdtred with the response for consideration by the Dislrict- The District anticipates entenng into a coniract with the bidder who submits the lowest responsive and responsible bid The District antic/pates award of one con~ract, but reserves the fight to award more than one contract, or not make any award, if to do so is in the interest of the District. ~ A..:~ Reiecfion: Pursuant ro Rule 40E-7.30L~_~..~,. . ~-- ,- ..... x .... ~.. 'A&u'lSxfistrati,)~ Cc;de, the Distr~ct r~/serv~s the-right~~~''- '"Ple~'~e~er ~o Part' ~. / -' 'Bid T/scentaves fo"~~' a detailed and all responses for reasons including, but not limited to, the description of M/WBE incentives. following: (1) when such rejection is in the interests of the District; (2) if such response is non-respons;ve or non~ P..FB 00-044 Page3 of 15 The respondent to whom the award is made shall, within thirty (30) calendar days after notice of award has been g~ven provide evidence of any required insurance, bonds and schedule of subcontractors (if applicable) and sign the necessary contract in substantially [he form attached. Failure ro execare [he contract and/or to provide applicable bonds and evidence of any required insurance coverage shall be just cause for the annulment of the award and if applicable, forfeiture of the bid bond tc the District. Award may then be made to the next most responsible and responsive respondent or the work may be readvertisedas the District may decide. In the event multiple awards are contemplated by the District, only one p~chase order or contract may be awarded to each successf[/l respondent. 1.14 FORMAL NOTICE OF INTENT TO AWARD In compliance witth Clmprer 120 of the Florida Statutes, the bid tabulafiOn~ w~th recommended award w/il be posted in the Division of Procurement and Contract Administration. Tais notice wilt remain posted for a period of seventy-two (72) horn. Failure to file a protest within the time prescribed in Chapter 28-110. Florida Administrative Code and Section t20.57(3), Florida Statutes, shall constitute a waiver of proceeding,q under Chapter 120, Florida Statutes. 1.15 TAX EXEMPT STATUS The District is exempt from Florida Sales and Federal Excise taxes on direct purchase of tangible properly. 1.16 EOUAL OPPORTLrNITY/M/WBE PARTICIPATION The DistriCt recognmes fair and open competition as a basic tenet of public procurement. Respondents doing business with the District are prohibited from discriminating on the basis of race, color, creed, national origin, handicap, age or sex. The District encourages participation by minority business enterprises ~E's) at both the prime and subcontractor levels. The 'Dlsh'ict may establish participation goals and may provide incentives to inereuse the utilization of m/nority and woman-owned bnsinesse~ as both prime contractors and subconWactors[ Refer to Part 5 for guidelines concerning Minori!y and Women Business Enterprise participation. PART 2 INSTRUCTIONS FOR PREPARING RESPONSES 2.1 RULES Each response by an individual or firm shall state the name and address of all persons or entities having an interest in the response. Responses shall be signed by an authorized person or member of the firm making the response. In no case may a response be transferred or assigned by a respondent. 2.2 PUBLIC ENTITY CRIMES Any respondent, or any of his suppliers, subcontractors, or consultants who shah perform work which is intended to benefit the DisU'ict, shall not be a convicted vendor or, if the respondent or any affiliate of the i-espondent has been cnnvinted of a public entity crime, ~ period longer than 36 nt~,~,~ has passed since that per~on was placed on the con,, ~c~ed vendor list: Tile re§pondent farther under:stands and accepts that any contract issued a.s a result of:thiS sol/citation shall be either voidable by the D/s~ict or subject ta immediate ermmat~on by the D~stnct, m the event there ks any rmsrepresentation or ;lack of ¢orapliatice with the mandates of Section 287:133, F.S.: '14ne~ Distric~ 'in' the event of such termmauon, shall not incur ~y liability to the respondent for any work or materials furnished. 2.3 RESPONSE FORMAT Bids shall be submitted on the bid form furnished or upon a copy thereof, and must be signed by the bidder's authorized representative. Bidders must bid on all items listed and failure to do so may render the bid non-responsive. 2.4 SUPPLEMENTAL INFORMATION ATrACHMENTS_ The following attachmems shall be provided with the response: A Signed rece/pts for each addendum issued by the Distr/ct (if applicable). B. Cea-tification from the Florida Secretary of State, if respondent is a corporation or partnership, verifying respondent's corporare status and good standing. If respondent is also an out-of-state corporation, provide evidence of authority m conduct business in the State of Florida. RFB 00-044 Page 4 of 15 The South Florida Water Management Distrigt Attn: Procui'ement & Contract Admthistration Bdl Building, 2nd Floor Wast 3301 Gun Clt~b Road Wesit~Paim Beach,, Florida 33406 PART3 BID FORM I. The undersignec~,~ as bidder, hereby declares that: (a) the only person(s) interested in the bid as prmqipal or principals is or are named herein and not other person than herein mentioned has huterest in thi~ bid or in the confi-aOt to~e entered int~o; cb) that this bid is made W/,thout ¢~c¢o~ ~ any other p, erson, company or parties makdng a bid; and (c) that it is .in ail tespeotp' fak.and m good faith without colIurao~ or,f-mud. 2. ~e~ bidct~ furdie~ declas~S ~that~bklder has examined the specifications for the work and all of the contramal documents relative ~thereto, mud has read all. the~pr!:)vlslons furnished prior to the opening of the bids and that the bidder has.sausfied itself relative to all ~ervices to l~e g .e[f~ brined mind/0/' items to be provided. 3. If thisbi~ is ac'~'t?.d, it is m~de/-smod that th~ terms and conditions of the bid provisions and documents relative thereto shall be binding u~pon,~ purees; hg~e.v~ th~ undermgned b dder a~ees upon acceptance to execute a cg~ntract ,,ruth the D~stnct as'a wuiten memoffal an,d,:fonmlika~on of'sa~d bid prowsmns and matters relatr,'e thereto to furmsh all necessary,credence of reqmred msuranc~a~bonds and p~ro~de the specified se~ces and/or ~tems within the tume frame spemfmd m th~s RFB 4. The bidder has attached the following: (a) Signed receipts for each~ddendum issued by the Distr/ct, if applicable, {b) Certification from the Florida Secretary of State, if respondent is a corporation or partnership, verify/rig corporate status and ' ~ good standing. ' 5. The bidder ~der~s~an~ ~t/~a~ ~ bid does not constitute a con~act or purchase order with the District Am official contract or purchase order is~h0~ bmdthg ufifil (~) bids are. reviewed and accepted by appointed staff; (b) the contract or purchase order has been eppmved by:th~, appr~p~ level of guthority within the District; and (c) the contract has been executed by the part/es or the purchase 6taler ~ been is~tie~l t6:the bidder. Bids will not be'accepted ~r~ firms in an'ears or hi default to the District. The bidder cerdfie,s by signing the b)d that no principals or corporate officers of its fn-m were principals or corporate officers in any other t-n-m wtdch may have' been suspended from doing business with the District witttin the last three yeass, unless so noted/n the bid. RFB 00-0~4 Page5 of 15 BID FORM - Geophysical Positioning System RFB No. 00-044 ITE~,I DESCRIPTION QUANTITY [ UNIT PRICE TOTAL BID I. rrimble Pro XR GPS/Beacon 2 2. Tr/mble Pro XR support module (charger) ] _ __ ~, ~, TOTAL BID PRICE (LINES IDelivery . _2~. days after receipt of purchase order. -- ' .... ~ Optional, Early Payment discount of O %, -~ days Please print legibly or type, (excluding the signatures). The Corporation, Partnership or Luddvidual Bus.ess name and signature of · the authorized Com. orate Officer, Partner or Individual malting this bid, must appear on this page. ' BDDERSBUSIN_SS NAME: 7-/~//'7'7/'~_ ~ e.~..'/2;Z i...'/' /~PE O~ ENTITY tCheck One): CORPOR_~qlON ?<~ PARTNERSHIp INqDIVIDUAL IF A COP~0KATION, STATE OF EN'CORPOtLttTION: ~"m,,~jl/_. //:2t~ ~>/(..1 I/~ (If a non-Florida co .moration, attach documentation of authorization ro conduct ousmess m Florida./ FEDERAL EMPLO%TEK IDEN 1 II*'ICATION NTgMBER (if a Corporanon or Partnership) or SOCIAL SECURITY :X-O.'-ViBER (if an mdividuaI): ¢~-~ - ,ff /~'0=.~._ ) Complete apslicable sections. If the par~ies are ¢¢rtitied, attach Ie~r$ or certi~¢a~e ~f certification. M,rVVB E? Certified M/WBE? M/Vv-BE Subcon~acror Pamclpation? % Participation: AGREE TO EXTENT~ UNIT PRICES TO OTHER GOVERNMENTAL AGENCIES? YES ~/ NO · IF BIDDER IS A CORPORATION. AFFIX CORPOKATE SEAL RFB 00~044 Page 6 of 15 Part 4 SPECIFICATIONS GLOBAL POSITIONING SYSTEM RFB 00-044 Item 1: Trimble Pro XR GPS/Beacon 12 channel integrated PGS/Beacon receiver with Everest multipath rejection technology Integrated GPS/Beacon antenna Trimb][e part no. 29756-80-ENG Item 2: Trimble support module (charger) Trimble part no. 38858,00ENG Item 3: Pro XR vehicle kit including cigarette lighter power adapter, quick release, 2 quick release adapterS and magnetic :mount. Trimbte part no. 31642-00 RFB 00-044 Page 7 of 15 PART 5 MD, VBE GUIDELINES AND INFORMATION 5.1 M/Sfvq3E DEFINITIONS AND INTERPRETATIONS The following definitions are extracts from Chapter 40E-7, Part VI. F.A.C., the "Supplier Diversity and Outreach M/WBE Contracting Rule" ("MFvVBE Rule"~ of the South Florida Water Management District ("District"). Please refer to a copy of the entire M/V/BE Rule for a complete list of definitions and a full description of each. "Bid Incentive" means an affirmative procurement initiative which is race, ethnic and gender specific and designed to remedy documented disparity in District contracting and the present effects of past markerplace discrimination lyy fostering increased NUWBB participation and goal attainment. "Joint Venture". An association of two or more persons or businesses carrying out a single business enterprise for which purpose they combine their eapitsl, efforts, skills, knowledge and/or property. Joint ventures must be established by written agreemem. "Minori~AVoman Business Enterprise" or "M/Wq3E". A firm certified by the District as a legally organized, independent small business concern which currently performs a useful business function and is at least 51 percent owned by minority persons and/or women who are ctuzens or lawful permanent residents of the United States. A mmority/woman owner (s) shall be the license holder, qualifying agem, and/or the professional license holder and posses the authority m control and exercise dominant conU'ol over the management and daily operanons of the business. "Minority" person. An individual who ts a citizen or lawful permanent resident of the United States. who is (a) African American; (b) Asian Amerkan; (c) Hispanic American ~r (d) Native American. "Relevant Market Area". Includes the following Florida counties: Bmward; Charlotte; Collier; Dude; Glades; Hendry; Highlands; Lee; Martin; Monroe; Okenchobee; Orange; Oseeola; Palm Beach; Polk; St. Lucie; Alachua; Brevard; Duval; H/llsborough; Indian Pdver; Leon; Pinellas; Seminole; and Volusia. "Small Business". An independently o,~med and operated business concern with a hex worth ofnol more than $3 million and an average net income after federal income taxes. excluding any carryover losses, for the preceding 2 years of not more than $2 million. As applicable to sole proprietorships, the $3 millton net worth requirement shall include both personal and business invasmaenrs. "Useful Business Function" Applicable to lvUWBE's that are responsible for the execution ~f a distinct element of the work of a contrast and carrying out its responsibilities in actually performing, managing and supervising the work involved. In the case of a new £m'n, cun'ently performing a useful business function shall mean three (3) months prior to seeking MF~rBE certification with theDistr/ct "Woman." A female, regardless of race or ettmicity. 5.2 POLICY Pursuant m the M/WBE Rule, the DisWict shall establish goals and incentives to increase the participation of available Minority and Woman Business Enterprises CM/WBE's"./ An objective of the District is to remedy dodumented disparities in District contracting and the present effects of past marketplace discrimination. The M/WBE Rule sets forth the efforts the District and its contractors shall undertake to comply with the requirements of this Rule. The provisions of the Rule shall app y to all competmve sohc~tanons for commodities, construction, professional and other contractual services and any resulti~lg contract, including change orders, and 5.3 INQUIRIES Information about M/W-BE certification requirements can be obtained by calling the District's Office of Supplier Diversity and Outreach ("SDO Office"). Telephone: (561) 687-6446, or (800) 432-2045, extension 6446. Fax: ~561) 687-6397. A copy of the M/WBE Rule is available upon request. 5.4 M/WBE GOA~_ NOTE: No minimum /VLaVBE participation goal has been established for this solicitation. "Kespons~le" means a from ~s capable in ali respects to fully perform the contract requirements and has the integrity and reliability which will assure good faith performance. "Responsive" means a fm:n's bid conforms in all material respects to the invitation to bid or request for proposal and shall include compliance with M/WBE goals or good faith efforts. "Sheltered Market" - means an affmrmtive procurement 5.5 SUB/VffSSION OF M/WBE UTILIZATION PLAN A. Kespondents shall identify all fLrms which will be utilized as subcontractors or joint venture panners. The respondent must provide proof that each finn to be utilized as an IWWBE pm-ne or subcontractor is certified with the District. Each subcontractor and prime shall be listed in the respondent's Utilization Plan. and submitted with the bid. The listing of M/W'BE's in the Util~zation Plan shall constitute the respondent's representation to the District that the MJWBE initiative designed to remedy documented disparity in District firms are tecl:mically and fmancialiy qualified and available to con~.acung ~and/ the present effects of.:.past~:.~,, --.~efform. the-assigned work..-. The,-.,q~.~m;t,-~hali.~-ontain~ the discrimination by fostering increased participation by M/WBE following forms: prime con~racmrs and goal attainment. ParticiFarion in the Sheltered Market shall be limited to M/WBEs. RFB 00-04~ Page 8 of 15 1. The Statement ofBumness Orgaaizntion feint which includes the names of all subcontractors proposed for work. regardless of M/WBE status. D. The District will not count inward a respondenfs M/WBE -=ecl attai~m~ent any port/on or pol~mns of the M/WBE subcontractor~s work that is subcontracted back to: 2. The Statement of hztent m Perform as an M/WBE Subcontractor form. which confim~s (1) the Intent of the prime to establish abusiness relationship with each M/WBE subcontractor; and (2) the M/WBE participation percent. One form must be compJeted and signed by each:prop0s~d M]WBE subcontra, c~0r., M/V~3E subcontractors ,must indicate the peicefi~ of ~e~ dollar value of their subcontracts that ~ili be sublet /nd/or awarded to non,minority conUmctors and/or supplievs. 1. the respondent, either directly to or through any oth¥,- company orfimt owned and/or controlled'by the respondent; or 2. any non-M/WBE from with which the MIWBE firm has a present business relationship. .A present business relationship is de£med as both fro'ns having some of the same owners or the sharing of space, eqmpment, financing or employees. 3. The ~¢hedule of Subco~ntractor/M/WBE. Partici£ation Form, whinh identifies all M/WBE~ firms which will be utilized as subcontractors, delineare~ the specific elements of work each ~E 'fm'n Will l~e r~spbhsible for p~fforming, and identifies the dollar value of the M/WBE work :as a percentag%gf tbe total contract value. 4. J'oint Venture Agreement (if applicable). Appropriate forms are a~)ailabte'from the SDO Office to determine the ehgibility of aj0i~t venture. Where NUWBE ownership in the joint venture ii 51 percent or more, 100 percent of the dollar value of trio ~enU-act shall be count toward goal attainment. 5. P;oo~,, of certification. Provide proof that each proposed firm to be utilized as an M/W~E pnme et subcontractor is certified by the District. 5.6 M/WBE GOAL ATTAINMENT A. Any proposed participation by fn'ms not certified with the District at the time of bid submission will not count towards M/WBE goal attainment. Respondents are strongly encouraged to contact the SDO Office well in advance ~f the date set for receipt of bids to allow sufficient time for review and determination of M/WBE eligibility and certification. B. Only expenditures to M/WBE's that perform a useful business function may be counted towards goal attainment, i.e, work actually performed, supervised and managed by a certified M/WBE. A fm'n shall nnt be considered to be peffonmug a useful business function if it further subcontracts a significantly greater portion of the conuact work than would be expected based on normal industry practice, and if the fm'n performs no substantive service or is a passive conduit. An M/WBE subcontractor shall not be allowed to subcontract all or a majority of the subcontracted portion of the work to another non-MfWBE f'n-m or fmTm C. The District will count toward a respondant's M/WBE goal attainment the M/WBE fees or commisstons charged for providing direct labor or a bona fide service, such 5.7 BID INCENTIrv'ES A. Pursuant to the District's M/W'BE Rule, bid incentives shall be used by the District to remedy documente~ disparity in past DLslr/ct contracting ~fforts and to alleviate the present effacts of previous tharketplace d/scrim/nation. Such remedy includes increased M/W~E participation and goal attainment in District procurements. B. For the purposes of M/WBE participation under this solicitation, a bid shall be deemed non-responsive if it: 1. does not meet the MfWBE goals established for the contract; or 2. does not demonstrate good faith efforts in ip~'''', auempt to meet the M/WBE goal~ established for this contract.~. ~. C. When ali responsive and responsible bidders have met the Ivl/WBE goal, the District shall award the contract re the lowest responsive and responsible bidders. When the project goal is not met by al/of the responsive and responsible bidders, the contract award shall be given to the lowest responsive and responsible bidder having: 1. the highest percentage of M/WBE participation; and 2. bids which fall within the established maximum hid incentive percentages as described in subsection D; and subsoction E. bids wh/ch fall within limits established in D. The maximum bid incentive percent shall be determined by the ¢stfi-nated contract value and the dollar ranges as defined below. The D/strict shall implement a one percent (1%), five percent (5%) and ten percent (10%) max/mum bid incentive as . indicated below. az professional, technical, consulm.nr or managerial services, $2.000.000 or more of estimated contract valle. The which includes assistance in the procuremanr of essential District shall implement a maximum bid incentive of on~,~', persoanel, facilities, equipment, materials or supplies required percent (1%). The award shall be made to the next lowes~r ~: ~ tgz_~ performance of the contract, consisterit.~~.,,. ~-,',~sponsive~ and respons~le_bidder-se-to~.,g, msethe'~,Sid does not industry practice, exceed the lowest responsive and responsible bid by one percent (1%). RFB 00-044 Page 9 of 15 More than $500.000 but less than $2.000.000 of esnmated 9Qntr~ct value. The District shall implement a maximum b'id incentive of five percent (5%) The award shall be ntade to the next lowest responsive and responsible bidder so long as the bid[ does not exceed the lowest responsive and responsibIe bid by five percent (5%). $500.000 or less of estimated contract value. The District ~lm, ll implement a max/mum bid incentive of ten percent (10%). The aw'aid shall be made to the next lowest responsive and responsible bidder so long as the bid does not exceed the lowest responsive end responsth]e bid by ten percent (10%). E. When used~ the actual bid incentive amount shall be limited to the lesser of: I. the. maximum bid incentive percent multiplied by the estimated contract value; 2_ the increased percentage of M/WBE participation of the next lowest responsive and responsible bid multiplied by the dollar amount of the lowest responsive end responsible bid; or 3. the maximum bid incentive percent multiplied by the dollar mount of the lowest responsive and responsthle bid. F. When all responsive end responsible bids exceed the est/mated contract value and exceed the maximum dollar renge established [or the bid incentive, the next dollar threshold vail apply to determine the bid incentive percent. 5.8 GOOD FAITH EFFORTS_ The Dis~ict shall determine what constitutes a "good faith effort" for purposes of respondent complience. The respondent shall he deemed to have made a good faith effort if the requirements of subparagraphs 1, 2 and 3 are satisfied. I. Process Used to Identif3- M/WBE's and Contracting Opportunities A. The Respondent shall identify available M/WBE lomas end identify contracting opportunities for MfWBE participation. The respondent shall be deemed to have made a good faith effort if documentation is provided that states the Respondent: i. selected portions of the project to be performed by available M/WBE frans, including dividing contracts or combining elements of work into economically feasible un/ts, areas or quantifies to facilitate maximum participation and increase the possibility of meeting the M/giBE goal; and a,~gencies or contractor's groups with 'knowledge of M/WBE availability. B. The District, in determimng good faith efforts made under subsection 1 .A., shall require information including: 1. copies of letters/transmittals to all resource agencies used to identify available M/WBE finns, including the proposed M/WBE subcuntractor/suppller list developed; and 2 the telephone numbers and the primary contact for each M/WBE ftrm listed; end 3. a complete list of subcontract/supplier oppormnit/es on the project; and 4. identification of those-opportunities for whicl~ available M/WBE fo-ms were solicited. 2. Methods used to Notify and Inform M/WBE firms of Opportunities A. The methods used by the Respondent to noti .fw and inform available M/WBE firms of the contracting opporumifies shall be specified. The Respondent shall be deemed to have made a good faith effort under subparagraph 2. of this role if: 1. the Respondent provided written notice to available M/WBE frans concermng subcontmct/suppher opportunities on the project in sufficient time (mmtmum two [2] weeks) to allow response and effective participation; and 2. the Respondent advertised subcontracffsupplier opportanilSes in general cirenlation, and/or minority~focnsed, media in sufficient time to allow response; and 3. the Respondent followed up with interested MdWBE frans m provide detailed information about: pre- solicitation meetings; statement of worlq respondant's project .menager, assistance the respondent offers subcontractors with msurence requtrements; payment schedules; proposal addenda; m~nority/woman business assistance agencies, etc B. The District, in determining efforts made under subsection 2.A, shall require information with the bid, including: 1. copies of individually addressed letters end/or requests for quotations issued to available M/g/BE fro-ns; and 2. the individual letters or requests for quotations must reference the type of work the M/Wl3E f'm'ns were being solicited to perform; end 2. determ/ned M/WBE availability and ~.~-7~_~':':_d_ex'~ped a ~'roposed M/W~E subco~tra~tor/~~,~ -.~. ~ --'e~3r the-~adven/sement--~x,,.~*~ea:r~-sheet from requesting end using the assistance of the District's SDO newspapers used, the follow-up correspondence to M/WBE Office, state and local rninority/womenbusiness development fro'ns end/or minutes of meetings held with M/WBE subcontractors or suppliers. RFB 004)44 Page 10of 15 3. Evaluation of Good Faith Efforts A. The District shall evaluate the good faith efforts used by the Respondent in evaluating each M/WBE subcontractor's response and contracting with M/WBE firms, The respondent shall be deemed to have made a good faith effort under sebparagrapk (3)0fthis role if the respondent: documented and considered ail negotiations held from IVUWBE su*contracmrs, not rejecting M/WBE subcontractors asunqualified without thoroughly investigating their capabilities; and _ 2. documented reasons why quotations with M/WBE subcont/aCtors were not ,used and followed up with notices to the unsuccessful ~E subcontractors indicating such,reason(s); ~:nd 3, has utilized M/'C. rBE subcontractors or supphers on major projects within the past 12 months B. The District, in determining efforts made under subsection 3.A., shall require as part of its information: documentation on negotiations held with and quotations received from unsuccessful M/WBE subcontractors and a M/WBE Utilization Plan specifying thc M/WBE firms that will be used during ~e project. D. Prohibition of Not-To-Compem Agreemems. The respondent is prohilylted from entering into any agreements with an M/~VBE subcontractor in which the M/WB~V~ subcontractor promises nos to provide subcontract, quotation~ 'to othei respondents or p6tential responder~rs: FMlure to comply with the M/WBE requirements of an awarded ,contract wfli be considered a breae¢ of contract and may further'result ~n sus~k~!&~ ~I ~teba~nt of firms for acti~Sty~ontrary to the Di§tr/6t s~ M/WBE RUle. E.~ False [epresentati~fi~-:Any individual w~0. falsely represents any entiiy;~s: :afl: ~E or d,.o~, no~ i~f~lfill the contractual obligations is gubject to be penalties urlderysection 287.094, F.S F. Intent of Employment. Pai'fie,i~pafi~n l~y an:M/WBE fm'n shall ~ be consid~d [award M~ grot am~cnt ~d ~e gE fm sh~f~ disqualifi~ i~ ~e o~er or o~ers of ~ ~E fm engage'~ an'~greeffi&nt ~i~ a non M~E fm wi~ the in~n~ of sec~ing ~mplo~ant (wi~ that non-~E fi~) ~h~ ~ c~s~ of pe~O~g a Dis~ict con,act. G. Broker's Fees. An M/WBE subcontra~l~br shall be prohibited from engaging m a subcontracted ag~gement with the totem of enllecung a, brokers fee or co~ss~en, and whose employees ~erf~rn/~h~ or'he direc~ ~/~; ~r'sm-vice aanvities specified in the contract. 5.9 MAVBE COMPLIANCE A. Compliance. The Dislrict shall monitor and evaluate compliance with the provisions of the M/WBE Rule. During the term of any subsequent contract, the anccessf~ respondent shall comply with all M/WBE plans made in its bid. Comphance for use of M/WBE's shall include tasks and proportionate dollar amounts tkroughout the term of the contract, including amendments and change orders. After contract execution, the successful respondent shall maintain the level of M/WBE participation established in the contract. Failure to Comply with the MFvVBE requkements of an awarded contract can result in th~ District enforcing any of the compliance prorvtsinns as provided for in the attached sample Contra~t. B. M~VBE Substitution. The successful respondent must contact the District's SDO Office when the need to replace an M/WBE ?.~bcontractor arises, The respondent must submit to the Districts SDO Office an updated vemion of the following: I. Schedule of Subcontractor/Minority Women Business Enterprise (M/WBE) Participation form. 2. Statement of Intent to Perform as a M/WBE Subcontractor form for each substitute firm. C. Records. The respondent shall maintain records, and '_mf__~tion n~'cessary ro document compliance ._~i~,.- --.,, ~ ----_ ,- ~ requirements, and shaL include the fight of the District to inspect such records RFB 00-044 Page 11 of 15 PART 6 SPECI.&L INSTRUCTIONS, TERMS AND CONDITIONS 6.1 SUBMISSION OF BIDS Bids must'be prepared and submitted in accordance with the following: A. Bid Form: The District bid form enclosed within this RFB must be used to submit the respondent's offer. No other form will be accepted. Faxed bids are not acceptable. Alternate Bids: Altemate bids are not acceptab e un/ess authorized by the Special Conditions or Specifications of this RFB. 6.2 BID ITEMS As the unterests of the District may require, the right is reserved to make award(s) by indiv/dual commodities end,or services, groups thereof, all or none or any combination thereof unless other,v/se stated in the bid specifications2 When a ~oup of items is specified; all itemS within the group must be bid, However, if respondents do not bid all itemS withi~ a group, the Diansct reserves the right m award on an item by item basis. The District reserves the right to waive informal/ties and irregularities and to reject any or all bids. 6.3 WITHDRAWAL AFTER OPENING No respondent may withdraw a response before the expiration of ninety (90~ calendar days from the date of solicitation opening unless respondent expressly states otherwise in the 6.4 INDEMNIFICATION For value received, which is hereby acknowledged, the respondent agrees to defend, save and hold the District, its agents, assigns and employees, harmless from all claims or causes of action, including costs and attorney's fees, and all judgements whatsoever, involving personal injury, bodily injury, death, or property ,q~rnage, arising out of any negligent or intentional act or om/ssion, or the violation of any federal, state or local law or regulations by the conu'actur, its subcontractors, agents, as~sigos, invitees or employees m co~uection with this solicitation and~subsequent conlract. 6.5 PRICES All prices provided are firm and inclusive_ including all handling, setup, packaging, shipping and ins/de delivery charges m the destination shown hereto un/ess otherwise indicated~ Responses indicating "price in effect at time ~f shipment" are '~., considered irlvalid and will be rejected as non-responsive. B. C. D. 6.6 approximately similar quammes under similar remus and :ondiuons to any other purchaser. Unit Prices: Unit prices musl be shown. V/here there is an error i~ the extensmn of pr/ce, the unit puce prevails. F.O.B. Place of Destination: All prices must be F.O.B. Place of Destination. Mistakes: Respondents are cautioned to examine all specificalions, drawings, :ielivery instructions, unit prices, exrensmns and all other special conditions pertaining to this solicitation. Failure of the respondent to examine all pertinent documents does not entitle respondent to any relief from the condilions imposed in this solicitation. In case 6f mistakes in pr/ce extension, the unit price governs Multiplication or addition errors are deemed clerical errors and will be corrected by the Disthct. If, however, the Districl has formed a reasonable commercial expectation upon the terms submitted by the respondent, the respondent will be bound by the mistaken terms communicated in its response_ Other Governmental Pricin: The respondent shall extend the same unit pricing to other governmental agencies that may request the cornmoditiles. Discounts: The Disthct encourages the offer of early payment discounts as an enhancement to the :enrracter's cash flow and a cost savings to the taxpayer. The District will actively attempt to earn all discounts offered by the bidder. In connection with any prompt payment discoum offered, payment time is computed from the date of acceptance of goods (or related services} or from the date a correct invoice is received, whichever is the later date. Payment is deemed to be made from the postmark date_ DELIVERY Written Authorizalaon: No delivery becomes due or will be acceptable without a written order or shipping insWacficm by the Distticr, unless otherwise provided in the contract. Such order will contain the quantity, date of delivery and other pertinent data. However, on items urgently required, the contractor may be given telephone notice m be confirmed by a written order. F.O.B. Place of Destination: The respondent will deliver the identified goods to the stated place of daslinatitra and will put and hold conforming goods at the place of destination for s time sufficient for the Dislrict to take possessaon of the goods at the destination specified. Risk of loss of the identified goods will pass to the District when the goods are properly tendered to the District at the stated destination. If the identified goods do not conform, the District shall have the right to reject them, and the risk of loss will nor pass to the District until the defects are cured or the Dislrict accepts the goods in spite of the defects. The ~-~-'- A,~m/lar Prices>The respenden~ in.subm/tting.~.,,. ,~. ~successful-respondent-is_responsiblo, .~..~--mking any and all warrants that the prices quoted herein are not higher than els/ms against carriers for missing or damaged goods the prices ar which the same good(s) is sold in Inspection and accepumce will be at the destination(s) named on the contract. Title and risk of loss or damage to RFB 00,044 Page 12 of 15 ail uems ~s the responsibility of the responden! until accepted by the District. Delivery Time: The delivery time for items must be indicated in the response. Delivery time (calendar days) includes Saturdays, Sundays, and holidays. Deliver') rime ~s computed in calendar day~ from the issuance date of the contract. In calculating the number of calendar days from the order date and if the delivery date falls on a Saturday, 'Sunday or holiday, delivery is tohe made fi. otChter than the next succeeding business day. 6. I 0 RECYCLING A key element of the District's mission is env/a'onme?~-.~ protection and enhancement. In furtherance of this missio~ District encourages the respondent to provide recycl~¢£6~' materials, if possible and if the materials are reasonably cost competitive. "Reasouably c9~st competitive" means that recyclable mate~hi} ar~'n0 moneY'than i0% more expensive than the altemative~ 6.11 CANCELLATION Although the agtua requested date or:number of calendar days for deli'4er7 may be specified; the respondent will state, in the Spruce pr0~ded on .the bid, form;~the number of ~alendar days required to :make deIive~. (ami:installation, if necessary) after issuance of the contract.. Uni~ss other'~ise stiisulated in the contract, deli'~:ery: hours are between 9:00 a.m. and 2:00 p.m., Monday through ?riday, except holidays, and at 0th&r time by special artangement~. 6.7 PAYMENT Payment will be made by the District after the commodities have been received, inspected by the District, accepted and properly invoiced as indicated in the contract and/or order. All invoices, packing lists, and receiving documents must bear the contract or purchase order number. 6.8 GOODS CONDITION ANq2) PACKAGING Unless otherwise stated in the specifications or the solicitation. or specifically ordered from an accepted price list, deliveries must consist only of new and unused goods and are the current standard production model available at the time of the response. The goods must be suitably packaged for shipment by common carrier. Each container or multiple umts or items otherwise packaged must bear a label, imprint, starter or other legible markings stating name of manufacturer or supplier, contract or purchase order number and any other markings required by specifica~ons,, or other acceptable means of identifying contractor and contract or purchase order number. 6.9 WARRANTY The respondent, in submitting a response, warrants that the goods offered for sale to the District are fit for the ordinary purposes for wlfich such goods are typically use& If the Dis~ct has informed the respondent of the pardanlar purpose for which it intends to use the goods, the respondent reco~maiees that the District will rely upon the respondanfs skill and judgement m select suitable goods The respondent further warrants that the tire of all items is good, the transfer is rightful, and that there are no liens or encumbrances against the title of the items that the District is not made aware ar the time the response is submitted. The respondent should additionally specify any express warrant/e~ applicable to the items, If, in the opimon of the District, the contractor fails to perform after reasonable notice, or the contractor willfully o~' negligent y dpes no~ cpmply ~.j. ~pe~ifica,~¢ns, req~.e~3~ en!s,. ~erms and conditio/m of'the Order, :the Dis~'~ £~serves ~e.gght to cancel the order at any time by means of Written notification. 6.12 MODIFICATIONS Any modifications or qhanges to any contract or purchase order entered into as a 3;e,s~it of this ',solicitation mnst be b~ written amendment with the ~am~ formality and of equal di~ty of the issuing document prior to;]he m~t~atten of any such change. 6.13 AssIGNMENT The successful: respqnde~)t will not ~nsfer, assdgn, convey, sublet or otherwis6 Ced~ the performance required by this sol/citation or c,onsign 0ny o~: its fights without the prior consent of the Dmmct tl~ough ~ts D~rector of Procurement Contract Adminis..t~.ti~ pi~ision Any award issued p~rsuam to tl~ solimfagog ~a~,, tt~.~omes ~WhiC& may become due hereunder are not ,as~ig~'~ab!e ~c~.gt with the pfio~r written approval of the D~stnct ttffough ~ts D~rector of Procurement and contract Administration Division. 6.14 NON-CONFORMANCE TO CONTRACT CONDITIONS The District may withhold acceptance ~f, or reject all, or accept any commercial units and mje~t the remainder of any such identified units which are found, upon examination, not to meet the specification(s) reqmrernents. Upon written notification of rejection, items must be removed within five (5) calendar days by the conlractor at its expense and redelivered at its expense ReJected goods left longer than ~ (30) days will be regarded as abandoned and the District ha~ the right to dispose of them in accordance with Chapter 672, Florida State Statutes, Uniform Commercial Code: Upon verbal:notice to do so, followed up with written communication of such notice, the contractor must remove and replace such rej coted axierchandise at its expense. RFB 00-044 Page 13 of 15 6. ] 5 GOVERNMENTAL RESTRICTIONS In the event any governmental resmcnons may be imposed which would necessitate alteration of the material quality, worlananship or perfom~ance of the items offered in this sol/citation prior to their delivery, it is the responsibiliiy of the successful respondent to notify the Dislrict at once, indicating in its letter the specific regulation requmng a contract alteration. The. Distr/cr reserves the right to accept or reject any such alteration, includingany price adjustments occasioned thereby, or m cancel the contract ar no further expense to the District. 6.16 KESPONDENT'S HISTORY General: The District may cons/der any evidence available regarding the financial, taclmical, and other qnalifiqations and abil/ties of a respondent, including past performance (experience) with the District in making the award in the interest of the Disa-ict. Environmental: The District reserves the right m consider a respondenfs history of citations and/or violations of environmental regulations in deterrnming responsibility. Upon request from the Dis~ct, respondent shall submit a complete history of ali citations and'or violations notices and dispositions thereof, ff any. Failure of a respondent to promptly mbmit such information, as requested, may be grounds for termination of any contract awarded to successful respondent Therespondent is required to notify the District mediately of notice of any citations or violations which it may receive after the response opening date and during the time of performance under any contract awarded to it (3) the prnnsry routes of entry and symptoms of overexposure. C. The proper precautions, handling practices, necessary personal prorecove eqmpment, and other safety precautions in the use of or exposure Id the toxic subsrances, including appropriate emergency treatment in case of overexposure. D. The emergency procedure for. spills, fire. disposal, and first aid. A description in lay terms of the 'known specific potential health risks posed by the toxic substance intended to alert any person reading this information. F. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manu~'acturer responsible for preparing the information. 6.17 SAFETY STANDARDS Unless otherwise stipulated in the sol/citation, all manufactured items and fabricated assemblies will comply with applicable requirements of American National Standards Institute ['ANSI) and any standards thereunder. In compliance with Chapter 442, Fhir/da Statutes. any toxic substance listed in Section 381 of the Florida Administrative Code del/vered from a contract resulting from this solicitation will be ancompan/ed by a Material Safety Data Sheet (MSDS). An MSDS should also be submitted to the South Florida Water Management District, Risk Management Division, P.O. Box 24680, West Palm Beach, Florida 334164680. The MSDS must include the following information: The chemacal name and the common name of the toxic substmace B. The hazards or other risks in the use of the toxic substance, including: (1) the potential for £~re, explosion, corrosivity, and reactivity; ~'~'2)~,~ the known acute and chronic health effects of risks ,..:r.9_m..,exposm'e~ including the medical cond. iqqr~,s~,~.~,, -,- ~ ger/erally recognized as being aggravated by exposure to the toxic substance; and South Florida Water Mann bent District P.O. Box 24680 West Palm Beach, FL 33416-4680 'Telephone (561) 686-8800, Ext. 6390 Flodda WATS Line 1-800-432-2045 THIS IS A CENTRALIZED PL~RCHASE AUTHORIZATION. DiLL iTE~4~ ARE SHIPPED F.'6.B DESTIHA~TION U~TLESS PR:I~T C~GES ~E IW~I~ 'BELOW ENDOR ~10, P~URCHASING AGENT 5982 F LOiS BEGNoCHE PUA~HASE ORDER FLORIDA SALES TAX EXEMPT]ON ¢f60-22-113498-520 FEDERAL TAX EXEMPT #59-74-0072K NET 30 F,O.B. ' ORGANIZATION NO. DESTINATION NO 643 a_ 114'85 wILLow 'GA-RDENS DR [~1 ~a~S-a S~S ~0~" ' ~'-~ ~ST ~ FL-'33A~ WI~E~RE FL 34786 -]NE iTEMS OF YOUR INVOICE MUST MATCH LINE ITEM NUMBERS ON THIS DOCUMENT ]01 302 J03 Quantity 2.000 EACH PART: 29756-~0-ENG GLOBB~ POB~TIONIN( 1.000 EA~ PB-RT: 38858-00E~G SUPPORT MODULE (C! 2.0 O0 EACH PART: 31642-I VEHICLE KI". PRO In ac co.rdanc wit' of request for 5i¢ of this purchse o= Unit Price Unit Part Number and Description 695.000000 295.000000 MAi~/FACT~ER: SYSTEM, TRIMBLE PR0 XR GtS/B~ICON MANUFACTURE2: %RGER) ~%AU3FACTURER: the terms, condition 00-044 der. i and specifications referenced h~rein and made a part Tolar Amount 695.00 590. O0 OTE: · Prices displayed govern this purchase order transaction. · Pdce discrepancies mus[ be resolved prior to shipping. · Early payment discount invoices receive odority nano,ng. · Purchase Order number must appear on all invoices. Page Total Grand Total 22,175.50 22 175.50 --ND ALL INVOICES TO: )uth Florida Water Management District O. Box 24682 es~ Pa;n- Beach. FL 33416-4682 / Authorized Agent % SOUTH FLORIDA WATER MANAGEMENT DISTRICT VENDOR Copy Mov. X3 ~000 3:46P~ GPSemv, In~. 407-77~-2047 ~.! November 13, 2000 City of Boynton Beach 124 E. Woolbrign: Road Boynton Beach. FL 33425 Attn: Re, ha Haggar Fax: 561-742-6298 Deer Regina, In response to your ~equest, I am enclesing the following pricing for t~e Tdmbie GP$ equipment. 2 - 29756-80-Eng ProXR GPS/Beacon. TSC1 ............. 10.445.00 20,8g0.00 31642-00 PmXR Vehicle AdeDter Kit ................................ 37095-61 1 Yr SW/FW Updates ProXP,/TSC1 ................... The above pricing does not include Sales Tax. Terms: Net 30 Delivery: 30 days ARO Freight: F.O.B. Sunnyvale. CA Quota valid: 45 days The above pricing is from a Bid to Sou~ Florida Water Management Disbict. Bid #RFB 00-044. This contract is available to all government entities in ~e State of Florida. Please make purchase orOer out to: Trimble Navigation Ltd. 11485 Willow Gardens Drive Windermere, FL 34786 Attn: Bill Laffredi Fax: 407-909-0043 If you have any questions, please call me at 888-782-1997. President Requested City Commission Meetin~ Dates [] December 5, 2000 [] D~cember 19, 2000 VI-CITY MANAGER'S REPORT ITEM C CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR1,_ Dam Final Form Must be Tamed into City Clerk's Office November 9, 2000 (5:00 p.m.) November 22, 2000 (5:00 p.m.) De.tuber 6,2000 (5:~0 p.m0 December 20, 2000 (5:00 p.ra.) Requested City Comm/ssion Me~in ~ Dates [] Janua~. 16.2001 [] February 6, 2001 [] Fcbruag~ 20, 200l [] March 6. 2001 Date Final Form Must be Turned to City Clerk's Offic~ lanuaW 3, 2001 (5:00 p.m.) January. 17.2001 (5:00 p.m.) February 7, 2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] City Manager's Ropon [] Developmea~tPlans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: A motion authorizing the Mayor to sign a License Agreement with the FEC Railroad to allow the Railroad to complete, on behalf of the City of Boynton Beach, specific improvements to their grade crossing, their signals and the approaches at the Ocean Avenue railroad crossing. EXPLANATION: As part of the Ocean Avenue Promenade project, the City has been working with the FEC Railroad to have them make a number of improvements to the railroad crossing located just West of 1~t Street. The improvements will include a new railroad crossing, four-arm gate signalization, and matching curbs, gutters, sidewalks, street surface and landscaping. In order to have these improvements completed, the Railroad is asking us to sign a License Agreement. A copy of the License Agreement is attached. PROGRAM IMPACT: Over the last few months, we have gone back and forth with the Railroad over the specific terms and conditions of this License Agreement. At first, there were some fairly onerous provisions placed in the Agreement by the Railroad. We have been able to successfully negotiate many of those onerous conditions away, and we feel fairly comfortable that it is in the best interest of the City to now sign the License Agreement. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: While the Ocean Avenue Promenade project budget does not contain the necessary funds to cover the anticipated $213,140 cost of these improvements, funds can be taken from the ClP set up to cover plans $750,000; ALTERNATIVES: Not to sign the License Agreement and not to go forward with the proposed improvements at the Railroad crossing on East Ocean Avenue. Department Head's ~gnature ' ' Signature v City Manager's Capital Improvements Depm'tment Name City Attorney / Finance t Human Resources FLORIDA EAST COAST RAILWAY COMPANY ONE MALAGA STREET, P. O. BOX 1048, ST. AUGUSTINE, FL 32085-t048 November 14, 2000 Mr. Dale S. Sugerman Asst. City Manager City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425-0310 NOV 2000 BOYNTON BEACH UTILITIES RE: MP 312+1519 (Ocean Ave.) Dear Mr. Sugerman, Further reference to your letter of November 7, 2000, expressing your concerns with certain verbiage in the Grade Crossing License Agreement for Ocean Avenue. We have reviewed your comments and have provided clarification and insigt~t on the railways standard practices, and have made some revisions to the Agreement where possible, as follows: Section 7. Where the agreement says "exclusive option to replace the surface", this is referring to our Modified Type 'q'" concrete crossing slabs, not the roadway surface that approaches the crossing. However, when the Railway is fomed to either replace or rehabilitate the crossing surface due to an unsafe track condition at a crossing site, the roadway surface will have to be ovedaid with asphalt and/or asphalt transition into the existing roadway surface to provide a smooth ride for vehicular traffic. If you do not know, most Railway maintenance practices are mandated by Federal Railroad Administration (FRA) guidelines, which dictates the required crossing rehabilitation, As additional information, grade crossings generally, will require a complete rehabilitation on an average of every seven years. The Modified Type 'q'" concrete crossing slabs (surface) have a life expectancy of thirty or so years and as such, are re- used when at all possible. To further explain our procedures prior to beginning any rehabilitation work, the railway will send a letter of notice to the responsible municipality explaining the deteriorated condition of the crossing and our intent to rehabilitate within a s~x-month pedod along with our estimate of cost involved. We then ask for a return letter of authorization to proceed. In the interim, our local roadmaster will contact the responsible municipal party to coordinate our work effort. As you can see, the City will be involved with the overall rahab process. Mr. Dale S Sugerman Page 2. Section 8. This paragraph states that the City would bear the cost for improvements that would benefit the motoring pub c such as crossing surface, roadway, warning devices, etc. It does not say t~t the City will be responsible for the cos{ of the initia tracl~)n~t~!lationi 'we have stricken the verbiage "or new Structure", so as notto Confuse this With~ the track structure. that does not say the Railway requires the lighting. !t states ~re man~lated by the State of Flori~la and is for the in ¢ Section 13. This !00' ~ has no urisdiction over matters that occur away from our property and certa n y does not expect you to be liable for such. Section 15. The Railway agrees to verbiage, which allows this issue to be dictated by Florida Statute, and has changed in the enclosed agreement accordingly. Section '16. This paragraph deals with placing a watchman or flagman at the cross ng site While work is being pe~ormed by other than railway amp oyees t does not state that the C ty provides for a I cost ass~3ciated With conStruct c;n as You suggest Once again, the Railway is mandated by the Federal Railroad Administration (FRA) in this matter and must have a qualified watchman present to protect persons from train related incidents while working on Railway's property. We agree that the proposed License Agreement needs some verbiage modifications to better clarify the intent Of what is being said We will continue to mo~Jify the verb age over time and have in fact, revised the Agreement as ind!Cated above, p ease execute both copies and return Same to;the unde~signed for Railways' executi~)~. Once approved, a fu y executed copy of the Agreement w II be returned to the City for your records. 'n ~eer/ng Services Attachments LICENSE AGREEMENT tHIS LICENSE AGREEMENT, effective as of the day of ,2000, is between the FLORIDA EAST COAST RAILWAY COMPANY (Address: P. O. Drawer 1048, St. Augustine, Florida 32085), a Florida corporation, heremat~er called "RAILWAY" and the CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, hereinalter called "CITY." WlTNESSETH: That the RAILWAY, in consideration of the covenants and conditions hereinafter set forth to be performed and kept by the CITY, hereby permits the CITY to construct, use, maintain, repair, renew and ultimately remove an at-grade public road crossing across and over the tracks, right of way and property of RAILWAY, at the RAILWAY'S Milepost MP 312 + 1,519', more particularly described in Exhibit A attached hereto and incorporated herein by reference, hereinaft~ referred to as the "CROSSING SITE": Th6 CROSSING SITE includes any raikoad crossing warning signs, crossing surfaces and automatic crossing warmng devices which are, or might be, located within or adjacent to the above-described location, provided that, the construction of the CROSSING SITE shall be done by RAILWAY as provided in this License Agreement ("Agreemenf') and further provided that, notwithstanding rights to the CITY granted herein, RAILWAY reserves the right to perform all work required on RAILWAY'S property including construction, drainage, lighting and vegetation management, in which event CITY shall pay the RAILWAY the entire cost and expense of labor, materials and equipment furnished by RAILWAY in performing such work. I F.E.C. Rwy. Co. Original Copy ] /.Fm ,L~',s~ Page 1 The status of the CITY is that of a licensee and not lessee, granting the CITY the nght to use the CROSSING SITE as specified herein. In consideration of the granting of this Agreement by the RAILWAY, the CITY covenants and agrees with the RAILWAY as follows: 1. The CROSSING SITE shall be used for public at-grade road crossing purposes only and .no utility, including telecommunications faciRties, pipes, wires, :cables; or other~ line or structure shall be placed in, on or over the CROSSING SITE without the previous consent in writing of the RAILWAY. CITY further agrees that it will at all times keep the CROSSING SITE, together with the additional portions ofthe RAILWAY'S right-of-way within 325 feet of the northerly and southerly limits or boundaries of the CROSSING SITE clear of any.vegetation or other growth greater than two (2) feet in height on each side of the tracks at the sole expense of the CITY and without cost to RAILWAY or lien upon RAILWAY'S property. 2. This Agreement is for an initial term of one (1) year and shall continue in effect thereafter from year to year, subject to termination by the RAILWAY or CITY upon sixty (60) days prior written notice. 3. The provisions and stipulations of this Agreement are a part of the consideration of the licensing of the CROSSING SITE, and in the event the CITY shall fail to comply with any of the covenants and conditions, then, at the option of the RAILWAY, this Agreement shall be terminated with full legal rights and remedies retained by the RAILWAY, including but not limited to the right to reenter, repossess, and remove the crossing if it shall elect to do so: 4. The CITY shall grant forthwith to the RAILWAY necessary perrmts for the installation, construction, erection, repair and maintenance of any of the RAILWAY-owned or maintained facilities described in this Agreement. If the CITY fails to promptly grant the Page 2 RAILWAY necessary permits, CITY shall bear all additional expense incurred by the RAILWAY attributable to such failure, including costs due to slow ordering of trains. CITY shall promptly pay ~uch mounts upon billing by the RAILWAY. 5. Unless otherwise specified, the cost of installation, construction, maintenance and replacement of all facilities at the CROSSING SITE, including but not limited to the crossing structure and railroad and highway devices, whether performed by the CITY or RAILWAY, shall be the sole responsibility of the CITY. 6. The RAILWAY shall install the warning devices, including the fixed signs, flashing lights, bells and gates (collectively the "WARNING DEVICES"), at the CROSSING SITE at the sole cost of the CITY. The WARNING DEVICES are a Type HI Class III installation as defined in the Florida Department of Transportation Schedule of Signal Installations by Type and Class attached hereto as Exhibit C. Installation costs are estimated to be $160,040.00 as shown on the estimates for signal installation attached hereto as Exhibit B and incorporated by reference. In addition, CITY shall pay unto RAILWAY annually one-half the annual cost of maintenance of said WARNING DEVICES as provided in the Florida Department of Transportation's SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES, as may in the future be revised or amended, a copy of which is attached hereto as Exhibit C and incorporated herein by reference. The WARNING DEVICES will be owned by the RAILWAY and shall remain at the CROSSING SITE until the RAILWAY decides that they are no longer needed or should be replaced, or until other legal requirements are nnposed which shall eliminate or substantially change their operations. Page 3 7. The RAILWAY shall replace the existing 64' wide Type T-modified grade crossing structure with a new 64' wide Type T-modified grade crossing surface (the "SURFACE') along with other improvements as shown on the drawiag, attached hereto as part of Exhibit A, in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Index No. 560, as may be amended, at the S01e cost of CITY. Installation costs- are estimated to be ~$ 53,100~00 as~ shown on the estimates: for crossing installation attached hereto as Exhibit B and incorporated by reference. When the RAILWAY det,mfiaes that the replacement of the new SURFACE is more economical than its continued maintenance, the RAILWAY shall have the exclusive option to replace the SURFACE with a comparable or improved structure. The replacement costs of the new SURFACE shall be the sole responsibility of the CITY. The CITY shall, at its sole expense, maintain and replace the remainder of the road inside the RAILWAY'S right-of-way, plus any paving which may be located between the ends of the ties. The RAILWAY shall provide a construction watchman at said CROSSING SITE while work is being performed by the CITY under the provisions of this Agreement, at the sole expense of the CITY. 8. The CITY agrees, acknowledges and understands that the RAILWAY reserves the right to make any changes at any future time in its existing tracks or other facilities, including the installation, maintenance and operation of any additional track or tracks or other facilities on its right-of-way at the CROSSING SITE. The CITY agrees to bear the total expense of any changes or additions to ~he pavement and traffic signal devices, the SURFACE, the WARNING DEVICES or other raikoad signalization equipment at the CROSSING SITE, whether these changes or additions are required by law or order of any public or judicial authority, done voluntarily by the RAILWAY, or requested by the CITY. Page 4 9. The CITY agrees that it will install, maintain and replace all necessary drainage facilities to prevent the accumulation of surface water due to the existence of the CROSSING SITE. Such facilities must first be approved by the RAILWAY and any governing bodies having jurisdiction thereof and operation of the facilities shall also be subject at all time to their approval. An additional license agreement may be required by the RAILWAY, depending upon the location of such drainage facilities and type, size, depth and other specifications of the proposed facilities, as submitted to the RAILWAY. }0. Lighting facilities adequate to comply with the requirements of the laws of the State of Florida covenng illumination of road crossing shall be installed, maintained and replaced at or near tiffs CROSSING SITE by and at the sole cost of CITY. 11. The CITY further covenants to pay the RAILWAY, within thin'y (30) days after presentation of the same, all bills submitted by Railway including maintenance bills as set forth in Paragraph 6 above and all bills for electricity for the lighting and illumination of the CROSSING SITE if same are provided by Railway. 12. At the termination of this Agreement for any cause, or upon termination of the CITY'S use of the CROSSING SITE as herein described, all r/ghts~of the CITY shall terminate and the CITY shall remove, under the RAII.WAY'S supervision and direction, at CITY'S entire cost and expense, said road and all non-RAILWAY-owned improvements placed upon the RAILWAY'S right-of-way and restore the ground to its original condition. 13. The CITY shall indemnify, defend and hold harmless RAILWAY for assessments or other charges of any kind whatsoever against the RAILWAY at any time for any portion of public improvements installed on or within two hundred (200) feet of the CROSSING SITE arising out of the existence of the CROSSING SITE. 14. The CITY shall not in any way, or at any time, interfere with or obstruct RAJLWAY'S fight-of-way, the movement of RAILWAY'S trains and other raikoad operations, or interfere with the RAILWAY'S use thereof, or the use thereof by RAILWAY'S assigns, invitees, lessees or licensees. 15~ The CITY acknowledges the waiver of sovereign immunity for liability in tort contained in FloridaStatutes Section 768.28 and aclmovcledges ~that. such statute permits actions at law against the CITY to recover damages set forth in such statute for injury or loss of property, personal injm2¢, or death caused by the negligence or wrongful act or omission of an employee of CITY while acting within the scope of the employee's office or employment under circumstances in which CITY, if a private person, would be liable under general laws of this State. The CITY will include in any contract which it may let for the whole or part of said work to be performed hereunder by or for the CITY, each and every one of the terms and conditions included on the document entitled "INDEMNITY OF FLORIDA EAST COAST RAILWAY COMPANY AND INSURANCE REQUIREMENTS" attached hereto and made a part hereof as Exhibit D. 16. (a) CITY, at its own cost and expense, when performing any work in connection with the CROSSING SiTE shall request RAILWAY to furnish any necessary construction watchmen for the protection of RAILWAY'S employees, property and train operations. RAILWAY shall be notified at least one (I) week in advance of the performance of any work in connection with the CROSSING SITE. (b) In addition to, but not in limitation of any ofthe foregoing provisions, if at any time RAILWAY should deem it necessary to place construction watchmen for the protection of any person or property, during the construction, maintenance, repatr, alteration, renewal, or removal at the CROSSING SITE, RAILWAY shall have the right to place such construction watchtnen, or other persons at the sole cost and expense of the CITY. Upon receipt of a bill fi.om RAILWAY, CITY shall promptly pay RAILWAY the full cost and expense of suck construction watchmen. The furnishing or failure to famish construction watchmen, or other persons by the RAILWAY under this paragraph, however, shal/not release CITY fi.om any and all other liabilities assumed by CITY under the terms of this Agreement, including its obligations under Paragraph 15 hereof. The CITY shall give the RAILWAY one ( 1 ) week's advance written notice when it or its contractor or anyone claiming under this Agreement proposes to enter upon the CROSSING SITE to perform work under this Agreement in order that proper warning may be provided for trains. In emergency situations CITY shall give the RAILWAY telephonic notice. The CITY further agrees that at all times its personnel or agents are on the property of the RAILWAY, they will be accompanied by a RAILWAY representative and any cost'involved will be borne by the CITY. 17. Aiter the SURFACE and WARNING DEVICES have been installed and all other work to be performed by the RAILWAY under this Agreement has been completed and found to be in satisfactory working order bythe RAILWAY, the RAILWAY shall furnish to the CITY an invoice showing the final total cost of material, labor and equipment furnished by the RAILWAY, in accordance with the estimate of said cost to the CITY to be $213,140.00 set forth in Exhibit B and CITY shall pay such invoice no later than thirty (30) days from the date thereof. 18. Installation, maintenance and replacement of any and all railroad advance warning signs and pavement markings on any road approaching the CROSSING SITE shall be the sole responsibility and cost of the CITY, and at its sole expense. Page 7 19. The CITY shall promptly pay RAILWAY all charges for replacement, repatr or otherwise of the CROSSING SURFACE and RAILROAD DEVICES within thirty (30) days of the date of invoice. FaiIure to promptly pay to RAILWAY amounts billed as due under this Agreement shall constitute default by the CITY. 20. The CITY hereby acknowledges that it has been notified that its personnel will or may be working ma~ area cont~inlng active fiber~optic transmission cable as well as other cables and other facilities. 21. If any prowsiun or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 22. This Agreement will be governed by the laws of the State of Florida. It constitutes the complete and exclusive statement of the Agreement between the parties which supersedes all proposals, oral or written, and all other communications between the parties related to the subject matter of this Agreement. Any future change or modification of this Agreement must be in whting and signed by both parties. 23. It is nnderstood by and between the respective parties hereto that this License Agreement cancels and supersedes any other License Agreements between the RAILWAY and any other entity. Page 8 IN WITNESS WHEREOF, the RAILWAY and the CITY have caused this instrument to be executed in their corporate names and respective seals to be hereunto affixed in duplicated the day first hereinafter written by their undersigned officials thereunto lawfully authorized. Signed, sealed and FLORIDA lEAST COAST RAILWAY Delivered in the presence of: COMPANY, a Florida corporation Witnesses as to Railway B~ ATTEST: DATE: (Seal) Assistant Secretary Witnesses as to CITY CITY OF BOYNTON BEACH, a political subdivision of the State of Florida t y: Title: Attest: Title: Date: I 50' .I LICENSE AREA May 1, 2000 File: 312/39/1,519' OCEAN AVENUE - MP 312+1,519' - AAR/FDOT # 272481V AN IRREGULAR SHAPED PARCEL OF LAND BEING ONE HUNDRED FORTY (140) FEET NORTHERLY AND SOUTHERLY AND EXTENDING EASTERLY AND WESTERLY ACROSS THE RIGHT-OF-WAY AND MAIN TRACKS OF THE RAILWAY AT OCEAN AVENUE IN BOYNTON BEACH, FLORIDA, WITH LONGITUDINAL CENTER LI2qE OF SAID PARCEL LOCATED ONE THOUSAND FIVE HUNDRED NINETEEN FEET (1,519) FEET SOUTHERLY FROM THE RAILWAY'S MILE POST NO: 312 AS MEASURED FROM JACKSONVILLE, FLORIDA, ALL AS SHOWN ON THE ATTACHED DRAWING NO. 01-E-91, DATED May 1, 2000, ATTACHED HERETO AND MADE A PART HEREOF. EXHIBIT "A' city C~ EXHIBIT "Bu 0 /DA EAST COAST RAILRAX OF~"ZCE OF THE CHiEF ENGINEER OF SIGNALS AND C~e~ICATION DATE: 63/31/00 FILE: 10.2 ~/PE: III CLASS: III NO. OF DAYS: 14 ~ / DOT $: 272481V MIT.W. POST: 312 + 1519' Project Type: FDOT ESTIMATED COST FOR HIGHWAy CROSSING WARNING DEVICES AT EAST OCEAN AVENUE. This estimate should be considered void after one (1) year. MATERIAL UNIT COST UNITS GATE ASSEMBLIES $4,997.00 4 EA. GATES $500.00 4 EA. GATE FOUNDATIONS $575.00 4 ~A. WIRED CASE, 3AB & PMD-3R $38,670.00 1 EA. BATTERY BOX $675.00 1 EA. MISC. GROUND MATERIAL $789.62 1 PKG. CONDUIT & DIRECTIONAL BORE $45.00' 90 ~T. BATTERIES $200.00 30 EA. CABLE $3.,500.00 1 PKG. MISCELLANEOUS RELAY EQUIP $1,120.00 I PKG. POWER SERVICE $900°00 1 EA. MONITORING EQUIPMENT $5,.422.00 I PKG. SANITATION & DISPOSAL $1,500.00 I PKG. FREIGHT & HANDLING T.~X @ 6.5% EXCAVATING EQUIPMENT PER DAY EQUIPMENT RENTAL PER DAY FOREMAN'S TRUCK PER DAY GANG TRUCK PER DAY SUPERVISORS TRUCK PER DAY EQUiPmeNT TOTAL $181.00 14 DAYS $125.00 -14DAYS $35.00 14DAYS $63.00 14 DAYS $35.00 14 DAYS ENGINEERING ~iNEERIN~ TOTAL $4,500.00 1 CONSTRUCTION SUPERVISION LABOR ADDITIVE SUPERVISION TOTAL $266.00 14 DAYS LABOR PER DAY NUMBER OF DAYS LABOR ADDITIVE $1,035.40 14 GANG EXPENSES PER DAY NUMBER OF DAYS T~.O~L GANG EXPENSES 8553. O0 14 SuE-TOTaL CONTINGENCIES 5% EXHIBIT "B" TOTAL COST $19,988.00 $2,000.00 $2,300.00 $38,670.00 S675.00 $789.62 $4,050.00 $6,000.00 $3,500.00 $1,120.00 $900.00 $5,422.00 $1,500.00 $12,812.00 $105,278.62 $2,534.00 $1,750.00 $490.00 $882.00 S490.00 $6,146.00 S4.500.00 $4,500.00 $3,724.00 $5,798.00 $14,496.00 S8.460.00 $22,956.00 $7,742.00 $152,420.62 $7,621.00 $160,040.00 FLORIDA DEPARTMENT OF TRANSPORTATION Listed below are signal installations by type and class, FLASHING SIGNALS - ONE TRACK Type = 1, Class = 1 FLASHING SIGNALS- MULTIPLE TRACKS Type = 1, Class = 2 FLASHING SIGNALS WITH CANTILEVER- ONE TRACK Type = 2, Class = 1 FLASHING SIGNALS WITH CANTILEVER- MULTIPLE TRACKS Type = 2, Class = 2 FLASHING SIGNALS AND GATE - ONE TRACK Type = 3, Class = 3 FLASHING SIGNALS AND GATE - MULTIPLE TRACKS Type = 3, Class = 4 FLASHING SIGNALS AND GATE WITH CANTILEVER; ONE TRACK Type = 4, Class = 3 FLASHING SIGNALS AND GATE WITH CANTILEVER - MULTIPLE TRACKS Type = 4, Class = 4 TYPE OF TRAFFIC CON I KOL DEVICES II. IlL IV. V. Flashing signals Flashing signals with cantilever Flashing signals with gate Flashing s~gnals with cantilever and gate Gates CLASS OF TRAFFIC CONTROL DEVICES II. III, IV. Flashing signals - one track Flashing signals - multiple tracks Flashing signals and gates - one track Flashing signals and gates - multiple tracks SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES CLASS I IlI IV Annual Maintenance Cost Exclusive of Installation DESCRIPTION Flashing Si~nals - One Track Flashing Signals - Multiple Tracks Flashing Signals and Gates - One Track Flashing Signals and Gates - Multiple Tracks COST* $1,637.00 $2,166.00 $2,468,00 $3,098.00 AUTHORITY: F. A. RULE EFFECTIVE DATE: GENERAL AUTHORITY: SPECIFIC LAW IMPLEMENTED: FLORIDA ADMINISTRATIVE RULE: 14-46.002 Responsibility for the Cost:of Automatic Highway Grade Traffic Control Devices July 22, 1982 334.044. F. S. 335.144.F.S. *This schedule was effective July 1, 1996, and will be reviewed every 5 years and revised as appropriate based onthe Consumer Price Index for all Urlmll Consumers published by the U.S. Department of Labor. EXHIBIT "C" [iNDEMNITY OF FLORIDA BAST COAST RAILWAY COMPANY AND INSURANCE REQUIREMENTS The Contractor by execution and delivery hereof: agrees that it shall and will at all times hereafter indemnify, defend and save harmless the Florida East Coast Railway Company .from and agahast ali judgments, and all loss, ela~ms~ damages, costs, charges, and expenses ("Costs") which it may suffer, sustain, or in anywise be subjectec~ ~: to on. account of or ocCasioned by the underfur p .u~uunt Of any person, description, employees and oiticem ( officers /n property /n the c~tody of the foregoing and ~fficers of all real or personal property (a) ownership interest, and Co) personal Company under any transportation In furtherance of its obligation to indemn{t'y~ defend and save harmless; Contractor shall procure and keep in effect compm~.en~.iv.e general liability .insurance in the limits of $2,000,000~00 each ocCUrrence .for imdily injury ~ death· and $2,000;000.00 property ~mage each occurrence', covering all obligations 0fContmetor to indemn,~fy the Railway by Contractual Assumed Liability Endorsement. AI~ .rely, Contractor may procure, and keep in e.ff.ect during the life of this construction ¢ontr~c.t, as _afo{esal_d, Railroad Protective Liability Policies ~ ' theRailwa directly as ~ agaln~ losses and damages with the ti,nits speCified in uring y . . this paragraph. In addition to the above, Contractor shall, at its cost and expens s, maintain a Workman's Compensation Insurance Policy as required in the State of Florida. All such insurance; directly or indirectly for the benefit of the Railway, shall be in a form satisfactory to Railway's Manager of Insurance and issued by a casualty company/insurance company authoriied to do business~in the State of Florida that-has a "Best's" rating of A or A+ and a financial category size of Class XII or higher. EXHIBIT "D" Requested City Comm~ssmn Meeting Dates [] November2] 2000 [] December 5, 2000 [] Decemb~ 19, 2000 [] January 2, 200l NATLrRE OF AGENDA ITEM VII-PUBLIC HEARING ITEM A CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FOlx ,s Date Final Form Must be Turned Requested City Commission in to City Clerk's Office Meefin~ Dates November9.2000 (5:00p.m.) [] January 16, 2001 November22.2000 5:00p.m.) [] February6.2001 December 6. 2000 (5:00 p.ro.) [] February 20 2001 December20,2000 (5:00p.m.) [] March6.2001 [] Administrative [] [] Cons~ut Agenda [] Public Hearing --'] [] Bids --] Date Final Form Must be Turned in to CiW Clerk's Office January 3, 2001 5:00 p.m January 17. 2001 (5:00 p.m. February 7, 2001 (5:00 p.rr~ February 21, 2001 (5:00 p.m.) Development Plans New Business Legal Unrra/shed Business Presentation RECOMMENDATION: Please place this request on the December 5. 2000 City commission Agenda under Publ/c Hearing. The Planning 0nd Development Board with a 6-0 vote recomded that the subject request be approved (there are no conditions recommended by staffnot the Planning and Development Board). For further details pertaining to this request see attached Department of Development Memorandum No. PZ 00-229. EXPLANATION: PROJECT NAMe: AGENT: OWNER: LOCATION: DESCPd/~TION: GROTTO BAY ~ BERMUDA PLACE (EASEMENT) Join Brinkman, AICP, Winston Lee & Associates, Inc. Quantum Park & Village, LLC The east side of Quantum Lakes Drive, south of Gateway Boulevard Request for abandonment of 20-foot utility easement between lots 60 and 61 in the Quantum Park PID. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning and Zor~g~Director 6y~/~l~pmelnt ~partment Director ~ity Manager's Signature City Attorney Finance / Human Resources TO: THRU: FROM: DEVELOPMENT DEPARTME~f MEMORAN~DUM NO. PZ 00-299 Chairman and Members Planning and Development Board Michael W. Rum~' ""~ Planning and Zoning Director Jose R. Alfaro Planner DATE: SUBJECT: October 12. 2000 Grotto Bay AllAN 00-004 NATURE OF REQUEST Joni Brickaman, AICP, of Winston Lee & Associates, Inc., agent for Quantum Park & Village, L. L. C., has filed this application to abandon a utility easement dedicated to the City by the plat of Quantum Park at Boynton Beach P. I. D.. Plat No. 6, as recorded in Plat Book 57, Pages 191-193. Public Records of Palm Beach County, Florida. The attached Exhibit "A" shows the location of the applicant's property, and includes a diagram of the specific easement to be abandoned. BACKGROUND In February, 2000, the Quantum Park DRI Development Order Amendment #10 changed the land use designations for parcels 59 - 67C to allow "Mixed Use" that permits office, commercial and residential uses. The subject site represents a multi,family residential component of a conceptual Master Plan described as Quantum Village, now known as Quantum Grotto Bay at Bermuda Place. The developer proposes the construction of eighteen (18), two-story buildings containing 272 rei~tal apartment units on Quantum Park Plat 6 lots 59 - 61 located on the east side of Quantum Lakes Drive. Two of the proposed buildings would be constructed on portions of a 20-foot utility easement dedicated by plat to the City of Boynton Beach (see Exhibit "B" - Proposed Site Plan). The developer is requesting the abandonment of the above-referenced 20-foot dedicated utility easement located at either side and along the dividing parcel line between lots 60 and 61, to facilitate the development of the project. ANALYSIS According to the applicant, the subject easement is currently not being utilized by any agency and/or city, and is not of interest for future use by any local public or private utility company. Furthermore. the City departments involved in the review of all requests for abandonment, and the utility companies notified of the request are identified below. Public notice was given to the property o~vners that abut the easement and it has been advertised in the newspaper. The responses by the utility companies and city departments are as follows: ' °age 2 Memorandum No. PZ 00-299 ABAN 00-004 CITY DEPARTMENTS Engineering Utilities Planning and Zoning No objection. No objection. No objection. PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No obJ ecuop_ No objection. No objection. No objection. No objection. The following is a description of the zoning districts and land uses of the properties that surround the subject request (see Exhibit "A" - Location Map). North South East West Lot 62 Quantum Park. vacant, zoned PID, part of Quantum Village. Lot 58 Quantum Park, zoned PID. being developed for office use. Quantum Lakes Drive right-of-way and farther west, Water Management Tract "P" and Tract "Q" Quantum Park. Water Management Tract "M" Quantum Park and the Sand Pine Preserve in Quantum Park. RECOM~IENDATION Staff recommends that the subject abandonment request be approved. No conditions of approval are recommended; however, any conditions of approval recommended by the Planning and Development Board or reqmred by the City Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Cen~al File CZ) QUANTUM 15' UT LITY [ASEMENT PLAT BOOK 57, 191-193 61 5O =ARK AT BOYNTON BEACH, PLAT NO. 6 PLAT 800K 57, PAGES 191-195 EXHIBIT TIMOTHY M. SMITH LAND SURVEYING, INC. 10]' SUNFLOWER STREET ROYAL PALM BEACH FL 5341' (561) 792-9157 LB A6865 SKETCH OF _EGAL DESCRIPTION RELEASE OF EASEMENT PREPARED FOR QUANTUM PARK AND VILLAGE, LL6 SHEET 2 OF 2 SCALE: '"=100' DATE: SEPTEMBER 2000 )IRECTORY QUANQUAN FIELD BOOK: N/A DWG NO.:©UANSK02 EXHIBIT '-'B" EXHIBIT "C" Conditions of Approval Pro.lecr name: Grotto Bay File number: ABAN 00-004 Reference: Application to Abandonment with an September 18, 2000 Plannin~ and Zon/n~ Deparlment date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DMSION Comments: NONE X BUILDING DIVISION Comments.: NONE X PARKS AND RECREATION Comments: NONCE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. MWRJdim DEVELOPMENT ORDER P~ ~,JJECT NAME: Grotto. Bay APPLICANT'S AGENT: Joni Brickman, AICP, of Winston Lee & Associates, Inc. APPLICANT'S ADDRESS: 1532Oid Okeechobee Road,-Suite 106, West Palm Beach, FI. 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 05, 2000 TYPE OF RELIEF SOUGHT: .Request for easement abandonment LOCATION 0 F PROPERTY: East side of Quantum Lakes Drive DRAWING(S): SEE EXHIBIT"!B"ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach. Florida appeanng on the':Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation ,of the Planning and Development Board, which Board found as follows: OR x THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant x HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included", The Applicant's application for relief is hereby x GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order ~hall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Plan nmg~SHARED\WP~PROJ ECTS~Qua nt um Park -Grotto Bay ~ Bermuda Place\Grotto Bay Abantl 0-24~0 CC D O.dC~C DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: BOYNTON SHOPPES APPLICANT'S AGENT: Robert E. Basehart, Basehart Consulting APPLICANT'S ADDRESS: 1620 So. Congress Avenue DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5. 2000 TYPE OF RELIEF SOUGHT: Major Master Plan Modification/Rezoning (addition of 3.000 sq.ft. restaurant and retail space) LOCATION OF PROPERTY: 1620 So. Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appeanng on the Consent Agenda on the date aDove. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. TheApplicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit ~C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk Requested City Comm/ssion Meeting Dates [] November21.2000 [] December 5. 2000 [] December 19, 2000 [] January 2,2001 NATCrRE OF AGENDA ITEM VII-PUBLIC HEARING ITEM B CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit~ Clerk's Office November 9, 2000 tS:00 p.m.) November 22, 2000 (5:00 p.m.) December 6. 2000 (5:00 p.m December 20. 2000 (5:00 p.m.) [] Adminislzative [] Consent Agenda Public Hearing [] Bids Requested City Cormmsston Date Final Form Must be Turned Meetnn~ Dates in to City Clerk's Office [] January 16. 2001 January 3, 2001 (5:00 p.m. [] February. 6.2001 Januaryl7.20ffi 5:00p.m.) [] February 20. 2001 February 7,200 t (5:00 p.m.I [] March 6. 2001 February 21, 2001 (5:00 p.mo [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: Please place this request on the December 5. 2000 City Comm/ssion Agenda under Public Hearing. The Planning and Development Board with a 6-0 vote recommended that the subject request be approved (there are no conditions recommended by staff nor the Planning and Development Board'l. For further details pertaining to this request see attached Department of Development Memorandum No, PZ 00-316. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: BOYNTON SHOPPES PCD (HEISE PCD) Robert E. Basehart, Basehart Consulting, [nc. Boynton Shoppes, LLC 1620 S. Congress Avenue Request for Major Master Plan Modification to allow for the construction of an additional 3.000 square foot retail building located on a 0.727 acre outparcel ih the Boyntun Shoppes PCD. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning an,d Zoff~ D/rector Devel6pment Dephr~m~ent D/rector C~ty Manager s Stgnamre City Attorney Finance Human P~esources DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 00-316 TO: THRU: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board Michael W. Rumpt Planning and Zoning Director Senior Planner ~ayember 13; 2000 ~0ynt0n Shoppes PCD (fka Heise PCD) (REZN 00-001) Major Master Plan Modification/Rezonin~ (addition of restaurant and retail space) INTRODUCTION Robert Basehart of Basehart Consulting, Inc., agent for Boynton Shoppes PCD (f.k.a. Heise PCD), ss proposing a major modification to this PCD which occupies 3.63 acres of property located approximately 220 feet east of the southeast comer of Congress Avenue and Woolhright Road (see attached location map in Exhibit "A"~. The proposed modification is for the addition of 3,000 square feet of retail space/fast food restaurant. The original master plan includes an 8.085 square foot building designated for retail usc, and a 10,446 square foot automotive repair center comprised of three bays; 1,612 square feet for oil changes, 1,818 square feet for a detail shop, and 7,015 square feet for tire sales and installation. The future land use classification will remain LRC (Local Retail Commercial). BACKGROUND The Boynton Shoppes PCD master plan was approved in 1997, which was preceded (accompanied) by an amendment to the code that was required to reduce the minimum acreage of a PCD from 5 acres to 3 acres. This amendment was required to allow for the subject 3.63-acre property to be rezoned accordingly. The property was developable under the then C-3 zoning, but not for the automobile care uses desired by the applicant. The repair of automobiles or tire sales and service are not allowed on sites less than 5 acres in size within the C~3 district, and as indicated above, the minimum size of a PCD was 5 acres. To minimize the city-wide impacts of a code change, the PCD regulations were the target of their amendment request. Page 2 Boynton Shoppes PCD File No. REZN 00-001 PROCEDURE Pursuant to the City of Boynron Beach Land Development Regulations, Chapter 2, Section 6.F. (Planned Commercial Developments), when modifications to approved plans for a PCD result in an increase often (10) percent or more in measurable impacts such as traffic created, water used, sewage or stormwater generated, or some other comparable measure, the request must be processed as a new application for zoning to PCD. Furthermore, according to Chapter 2~. Section 9 (Administration and Enforcement), when a rezoning request does not require an amendment to the future land use map, staff analysis is not required to include an evaluation of the project using the eight criteria under Section 9.C.7. Since this request is only for rezoning (and major master plan modification), the above-described analysis is not required. The analysis contained herein evaluates the changes to the proposed master plan, issues of particular concern, and includes selected portions of the above-described criteria that pertain to impacts upon municipal services, and compatibility with adjacent properties. The emphasis of' this analysis is on the intent of the PCD regulations compared to the proposed amendment. ADJACENT LAND USES AND ZONING The land uses and zoning in the surrounding area vary and are presented in the table that follows: No~h Right-of-way of Woolbright Road then farther north, office commercial under development including a bank and medical office buildings zoned Office Professional (C-l) East Bank; zoned Community Commercial (C-3) then farther east multi-story office building; zoned Community Commercial (C-3) South Multi-family residential; zoned Multi-family (R-3) West Service Station and fast food restaurant; zoned Community Commercial (C-3) then farther west, Congress Avenue right-of-way PROPOSED DEVELOPMENT The applicant is proposing this major modification to the Boynton Shoppes PCD in order to add additional retail/restauranT square footage to the existing master plan. The addition will be made on that portion of the property fronting on Woolbright Road (see Proposed Master Plan - Exhibit "B"). The applicant estimates that upon completion, the facility will employ approximately 35 people (full and part-time). Compatibility of the proposed use with the surrounding land uses is discussed below. Page 3 Boynton Shoppes PCD File No. REZN 00-001 The Land Development Regulatiogs,,~ Ch~apter~: 2, Section "F"-Planned Commercial Development District, contains the followingsite regulations with which this proposal must comply: Minimum perimeter setbacks ..................................... ~front 40 feet side 30 feel (a separate request for a v~ance isbeing submitted ro reduce the side yard setback by t7.5 feet to 12~5, feet) rear 40: f~et Minimum land area ................................................... 3 acres Maximum lot coverage .............................................. 40 percent Minimum peripheral greenbelt width ........................ 10 feet; 25 feet when abutting residential use Maximum structure height ........................................ 45 feet ISSUES/DISCUSSION A) CONSISTENCY OF REZONING WITH ESTABLISHED LAND USE PATTERN In general, the proposed uses are compatible with the established land use pattern, as the surrounding uses are of a commercial nature. The additions to the master plan are to be located between the service station/fast food restaurant tc the west and the bank to the east. B) COMPATIBILIIT OF PROPOSED REZONING WITH PUBLIC FACILITIES At the time of master plan approval, a review for concurrency certification was conducted for drainage and traffic facilities. Concurrency certification was issued after the determination that adopted levels-of-service standards would be met. The impacts on facilities of the additions to the site plan as a result of the rezoning are as follows: WATER AND SEWER DEMANDS: Impacts to the water and sewer systems are estimated to increase potable water demand by 2,650 gallons/day and to increase santtary sewer demand by 2,650 gallons/day. DRAINAGE: The project applicant has submitted a drainage statement and preliminary drainage plan to demonstrate that the project meets the City's drainage standards. Page 4 Boynron Shoppes PCD File No. ILEZN 00-001 ROADWAY CAPACITY ANALYSIS: A traffic analysis has been submitted for the proposed modification to supplement the traffic analysis submitted at the time of initial approval. These and other site impacts are further addressed in the staff repons on the corresponding site plan and variance applications that are being requested concurrently with this request for master plan modification. C) ANTICIPATED ISSUES RELATED TO PROJECT DESIGN According to the PCD regulations, the intent and purpose of the PCD district is "to provide a zoning classification for commercial developmems that will better satisfy current demands for commercially zoned land by encouraging development .which will reflect changes in the concepts and technology of land development and relate th~ land development to the specific site..." Approval of the PCD in 1997 would indicate that the site plan and range of uses satisfied the intent and purpose of the PCD district. The question that must be answered now is, "do the additions to the master plan continue to provide for efficient and harmonious design, arranged so as to create an attractive: pro~iect readily integrated with and having no adverse effect on adjoining or surrounding areas and developments?" A site plan application for this project has been submitted, ~vhich contains detailed information regarding layout and architecture of proposed buildings, landscaping, drainage and vehicular circulation on the site. The addition to the PCD would be a single building containing 3,000 square feet fronting on Woolbright Road. The proposed design of the structure is of the same style and employs the same colors used for the buildings that have been constructed on the site. This is consisrem with the Community Design Plan which requires that "buildings or structures which are part of a present or ,future multi-building complex, shah achieve visual unity of character and design concepts through the relationship qfbuilding, style, use. texture, color, materials, form. scale, proportion and location". According to the PCD regulations, the intent and purpose of the PCD district is "to provide a zoning ctassification for commemial developments that will better satisfy current demands for commercially zoned land by encouraging development which will reflect changes in the concepts and technology of land development and relate the land development to the specific site..." With the-approval of the amendment to the code that reduced the minimum size of a PCD to three acres, the original master plan generally satisfied the intent and purpose of the PCD regulations. Project quality, in part, is a factor of all site design requirements ~vorking in unison. It is difficult to compromise any one of those requirements without jeopardizing the overall quality of the development, which in turn impacts the quality of adjacent developments. The ultimate layout and cimulation within a master plan should be optimal given the intent of the Page 5 Boynton Shoppes PCD File No. 1LEZN 00-001 system to :facilitate comprehensive reviews at time of initial submittal. The applicant was aware 6t~ all sit; Cons~aifits and aP/~iibabte zegulations w-hen *CD Zohing, ~d the text amendment, were originally pursued, which was likely the reason that the original master plan did not propose ~ses/buildings with/n the subject location on the master plan. In ~vorking with the gpp!ic ~an~ thro~g~t~e ~zgning process, staff was able to reduce the total variances requested t~ one, retain the full perimete~ ~nffer, ~lim~nate..a~proposed dfive-thra feature and reduce parking spaces to minimize possible on-site congestion at the entrance. Therefore staff has determined ~gt~e c~t~ent pr:op~a~ may~vge!.l be.the, minimum compromise in development standards that .will be .r~eces~ in Order for the practicable development ofhhe vacant p~.rtion of~ the sit.e. · CONCLUS[ONS/REC OMMENDATIONS Relative to architectural style and use} the~ s. ubject projec~ would be compatible xvith the various styles and commercial uses o~?adJacent properties, and.therefore satisfies One intent of the city's PCD regulations. As indiCa[ed herein, ~e pr0p~sed variance request would be the minimum necessary to satisfy the infe. nt of ~e regulations "to accomplish a more desirable environment for commercial ~develop:ment in re!afion to existing and or future city develol~ment, to l~romote the.l~ublm health, safet . convemence, wel e ...... y, .~ . far..~ and to~ provide efficient and harmonious design so as to create an attractive project". Based on the analysis and discussions contained herei~ staff recommem}s that the subject reques~ for a major master plan modification be approved. If the Planning and Development Board and the City Commission approve the requested ,rezoning and master .plan ~modificafion subjec~ to conditions those conditions will be listec[ Within Exhibit "C"-Conditions of Approval. Enclosures SITE; WOOLBRIGHT Land Use Gffice Zoning Woolbdght Road EXHIBIT "B'~ MASTER PLAN 0 ~ aO' 8O' Scale u'= 40'-0" Deta~ 5h~ T F® Land Use High Density Residential (12.8 DuJAc.) Zoning ~z~.j~i~ R1AA-PUD E ~E C~N~O EXHIBIT "C" Conditions of Approval ProJect name: BOYNTON SEIOPPES PCD (fka lleise PCDO File number: REZN 00-001 Reference Malor Master Plan Mod/ficafior,/R~ ................... a ~.,~,.~tu~,~x uz o,vuu ~q.lL resr. auranl ana retail space ) DEP~NTS ~cL~E ~CT P~LIC WO~S Co~: NO~ X UT~IT~S Co~ts: NO~ X F~ Co~ents: NO~ X POLICE Co~ents: NO~ X ENG~E~G D~ISION Coments: NO~ X BU~D~G D~ISION Co~ents: NO~ X P~S ~ ~C~ATION Co~ents: NO~ X FO~STE~O~IST Co~: NO~ X PLUG ~ ZO~G Co~ents: NO~ X ~D~ON~ PLUG ~ DEVELOP~NT BO~ CO~I~ONS .. None. X ~D~ION~ C~ CO~SSION CO~IONS 2. To be det~ed. Requested City Corrmmsalon Meeting Dates [] November2~ 200( [] December 5. 2000 [] December 19, 2000 January 2. 2001 NATURE OF AGENDA ITEM VII-PUBLIC HEARING ITEM C CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR v Date Final Form Must be Turned in to CRv Clerk's Office November 9. 2000 5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6, 2000 (5:00 p.m.) December 20, 2000 (5:00 p.m.) Requested Cit~ Commission Meetin~ Dates [] Janua~.i6.2001 [] Febmary6,2001 ~ February20. 2001 [] March 6, 2001 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] Date Final Form Must be Turned in m CiW Clerk's Office January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.n~) February 2I, 2001 (5:00 F m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the December 5, 2000 City Commission Agenda under Public Hearing The Planning and Development Board. with a 3-3 tie-vote, therefore forwards this request with a recommendation for denial. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 00-33 8. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: WOOLBRIGHT PLACE PUD (WOOD PARTNERS) Kilday & Associates, Inc. Wood Partners West side of S.W. 8t~ Street, approximately 1/8 mile north of Woolbright Road Request for rezoning f~om PCD to PUD and amend the previously approved PUD master plan to allow for construction of multi-family dwellings, on 14.18 acres at a density, of 10.8 DU/AC. PROGRAM IMPACT: N/A FISCAL I1VIPACT: N/A ALTERNATIVES: N/A Planning and Zouing Di~ctor ~p~ n~t~E~2ent D/rector CityxlkSlanager's Signature City Attorney J Finance / Human Resources DEVELOPMENT DEPARTMENT MEMORANDLWI NO. PZ 00-338 TO: THROUGH: FROM: Chairman and Members Planning and Development Board Michael W. Rum~7~--~ Director of Plannin~ an~d Zoning Dick Hudson j~7~J Senior Planner DATE: November 20. 2000 Project/Applicant: PROJECT DESCRIPTION Wood Partners Development Agent: Chris Kerr/Kilday & Associates, Inc First Baptist Church of Boynton Beach Location: West side of SW 84 Street approximately 1/8 mile north of Woolbright Road File No: Rezoning (REZN 004303) Property Description: Vacant property consisting of 14.18 acres, with approval of an amendment from Local Retail Commercial to High Density Residential (10.8 du/ac) land use classification and having Planned Commercial Development (PCD) zoning. Proposed change/use: To rezone the property to Planned Unit Development (PUD) and to reassemble this property with the Woolbright Place~ PUD. It is expected that the property will be developed with approximately 220 units of multi- family housing. To that end an application for site plan approval is currently moving through the City's review process. Approval of the rezoning will coincide with the adoption of the previously approved Land Use Amendment. Adjacent Land Uses and Zoning: North Water r3anagement area and preserve area of Woolbright Place PUD designated High Density Residential land use and PUD zoning with Land Use Intensity of 5; South Developed commercial land (Cracker Barrel Restaurant), a part of Shoppes of Woolbright PCD designated Local Retail Commercial land use with PCD zoning; East Right of way of SW 8m Street, and farther east, developed multi-family dwellings (Vinings of Boynron Beach) of the Woolbright Place PUD, designated High Density Wood Partners Developmem Page 2 File Number: LUAR 00-003 Residential land use and PUD zoning with Land Use Intensity of 5; West Lake Worth Drainage District E4 Canal. and farther west. developed single family homes (Palm Beach Leisureville~ designated Moderate Density Residential land use ~maximum density of 7.26 du/ac) with R-1AA single family (PUD) zoning. BACKGROUND The subject parcel was originally a parr of the Wootbright Place PUD and was purchased by the First Baptist Church of Boynton Beach. in 1986, as the future location of their new church building/school campus. In 1997, having decided to not relocate to the property-, the First Baptist Church requested a land use amenument and rezoning fi.om Moderate Density Residential ~7.26 du/ac) and Planned Unit Development tn Local Retail Commercial and Planned Commercial Development (PCD). Th~ requested changes were to allow for development of a health care campus with a nursing home, assisted care living facility and medical offices. The amendment was adopted by Ordinance No. 098-24 on July 21, 1998, and found "In Compliance" by the Florida Department of Community Affairs on November 18~, 1998. In adopting the amendment, the City Commission added the cond~on that. "If the building permit or land development permit is not obtained within 18 months, the zoning would revert back." Additional conditions limited development on the site to the following: · 34,300 sq. ft. 120 bed nursing home · 67,000 sq. fi.. 60 bed ACLF · 39,700 sq. fi. medical office building With the removal of the subject property from the Woolbright Place PUD, the land use on the property remaining in the PUD was reclassified from Moderate Density Residential (7.26 dwelling units/acre) to High Density Residential (10.8 dwelling units/acre) to offset the increase in existing density caused by the reduction in land area in the PUD. An application for land use amendment from Local Retail Commercial to High Density Residential was included in the City's Round 2. 2000 cycle of twice-yeariy large-scale amendments. On July 18, 2000, the City Commission approved the land use amendment for transmittal to the Florida Department of Community Affairs (DCA) with the condition that the land use amendment would not be adopted unless a petition for rezoning to PUD accompanied the amendment at the time of adoption. Following review of the proposed amendment by the DCA and other state, regional and local agencies, a report was issued showing no objections, recommendations or comments to the amendment (ORC Report). The City must now either adopt the amendment, adopt with changes or determine that it will not adopt the approved amendment. The approval of the requested rezoning must coincide wi~ the adoption of the amendment. PROJECT ANALYSIS The project analysis is basically the same analysis that staff presented in its review of the previously approved land use amendment. The subject property was designated for residential development on the Future Land Use Map prior to the 1998 amendment. It would be presumed that if the land was previously physically suitable for residential development, it should still be suitable for residential Wood Partners Development Page 3 File Ni~mber: LUNAR 00-003 use. The project analysis will focus on the issue of compatibility of the requested use with the adjacent uses. The applicant has subrrdtted a letter of agreement from Gables Residential, the owners of the two parcels comprising .the majority of the total acreage in the Woolbnght Place PUD, granting the right for the 14.18 acre tract to be reincgrporated into the PUD and to utilize available surplus density within the PUD in order to :onstruct 216 multiCfamily units on the prpperty. In reassembling the original P~I bnfferbag 'tha~ ~er~ Ja~ }c6gdifi} require~iin~ inCiiid~ the i~hl pr~e~ iine adjac3fic {o, lines adjacent to Palm ~ead~ re~orated ~to ~e PUD is ) the subject property will.meet all of the or~iginal requirements for of the orlgt~.aPprnval o/the.W0Plbright Place p~D. These tion of a' :twemy~fiVe (25); ~ot ~/~e ,buffer ~ea.~ente~¢d on a four lanted ~ n~trve .~la,x~t mate~al~ ~h;~ich extends alocg the so th oppes of~o[b~ght :PCD, an~ :alone the entire ~stern property ei urevine. : e?e a m O :man shaWm the acres found at Exhibit B . The criteria used to review Comprehensive Plan amendments ahd~re~zonings .are listed in Article 2 Section 9 Administration aKd EnfOrCement, Item C; Compreheg$ive plan Amendment: Rexonings. These cnterm are reqmred to be part ot' a staff analys~s when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. an Whether the proposed rezoning would be ~onsistent *vith applicable comprehensive plan policies including but not limited to, a prohibitiq~,against any increase in'dwelling unit density exceeding 50 in the hurricane eVacuati°h zon~ v2ithoUt written appro9al of the Palm Beach County Emergency Planning Division and the City's ~7'sk mana, g. er. The planning department shall als~o recommettd limitations~ or~ requireme~tx~, whtch wouM have to be imposed on subseqitent development ~ the property, in order to comply with policies contained in the comprehensive planl The subje,ct property is not located in the Coastal A~-ea; there, fore, the prohibition against increasing densities in the hurricane evacuation zone is not applicable, . la general the replacement of a commercial designation with residential use is consistent with Land Use Element Policy 1.19.7 in the Comprehensive Plan, which reads: ~The City shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase..." bm Whether the proposed rezoning wouM be contrary to the established land use pattern, or wouM create an isolated district unrelated to adjacent and near[~ districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would nor create an isolated district, but would relate to the residential land use designation on lands within the Woolbright Place PUD to the north and east of the subject parcel as well as the lands designated residential lying to the west of the subject parcel. Wood Partners Development Page 4 File Number: LUAR 00-003 c. Whether changed or changing conditions make the proposed rezoning desirable. The applicant has stated that the proliferation of Congregate Living Facilities approved within the City recently have reduced the demand for the range and intensity of uses permitted on the site and therefore make the rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The following facilities were analyzed as a part of the land use amendment review in order m ensure that capacity is available: 1) Roads: Traffic dam submitted by the applicant show that impact of the approved uses for the site under its current land use designation would generate a total of 1,838 trips per day (tpd). If the property is developed at the maximum 220 potential units, traffic generated would be 1.540 tpd. 2) Water/Sewer: Demand for water and sewer would increase in a similar manner. Water demand for the property if developed with the currently allowed land use designation and approved uses would be 40,950 gallons per day (gpd) based on the adopted level of service of 200 gallons per capita per day and 2.4 persons per unit. With the approval of the requested High Density Residential designation at a density of 10.8 da/ac and with the' addition of unbuilt units from the remainder of the PUD, the maximum demand is projected at 105,600 gpd. The demands for sewer, based on the adopted standard of 90 gallons per capita and 2.4 persons per umt, would be 18,378 gpd under the existing approval. Developed for residential with the additional density from the PUD, the demand would be 47,520 gpd. Solid Waste: With respect to solid waste, the Solid Waste Authority has stated, within a letter dated January 10, 200C, that adequate capacity exists m accommodate the county's municipalities throughout the 10-year planning period. 3) Drainage: Development of the site must comply with both the City's drainage requirements and those imposed by the Lake Worth Drainage District. SUMMARY TABLE OF IMPACTS: PCD I 10.8 da/ac As approved Site alone With Surplus Density Traffic _ 1,838 tpd 1,064 tpd 1,540 tpd Water 40,950 gpd 72,960 gpd 105,600 gpd Sewer 18,378 gpd 33,048 l~pd 47,520 gpd Units 180 beds 159 units 220 unJm Population 180 persons 367 persons 528 persons Since the requested rezoning is from a commemial zoning district m a residential zoning district, the proposed development will impact adopted park and recreation levels of service. Therefore, m addition to the above-mentioned facilities, the development must meet the citywide standards for Wood Partners Development Page 5 File Number: LU-AR 00-003 recreation, These suandards may be met by either dedication of land. by paying a fee in lieu of dedication, or a combination of both at the option of the City, Half (1/2) credit may be given against the requirement of land dedication, or payment Of fees if.the developer provides a certain level of. private recreation facilities on.site. Site plan appro4al ~'or development of the property is subject to the applicant meeting these requirements. Po Whether the proposed rezoning would be compatible with the current and fiaure use of adjacent and nearby properties, or would affect the Property values of adjacent or nearby properties. Lands to the south of the subject property are developed as a part of the St!oppes of Woolbright PCD; the abutting property is the site of a Crack!r Barrel Restaurant. Policy i. 17.3 of the L~nd use-Element of file Compmhensi~e Plan requires buffer'walls bet',~een residenUat and commercml or industrial,districts.. ?. to minimize' ~dverse infarct tO res!denfial environmegts,. To the east of the subject property and beyond the right-of, my of SW 8~ Street are lands withiilIhe Woolbright Place PUb, wtridh are designated High Density Residential. Abutting the property on the north is a water retention area that is also part of the Woolbright Place PUD.~T6 the west, the 100-foot right-of-way of the E-3 canal provides a: buffee; between the subject property hnd~the land developed as Moderate Densi~ Residential (Palm Beach Leisu~revitte)..There is a ~ma!l po~on o£ similg~ly develOpe~ land to the ~iolj~aeast of the Subject property~ ho~Veve[, that :is no; bnffer{d, by the can~ .and._th_.at?buts .the subject p/~0perty for a distance of~app~o:~imately 500 feet, The ~eg~mred ,twegty-flve (z.~) ?root w~oe bufSfer ~ith a four (4). foot high earth, b~ema:and~plante~ with native, plant mate~mls w~ll extend along this property line and alung the canal, frontage as w611; f. Whether the property is physically and econondcaliy developable under the existing zoning. The subject property is physically developable under the existing zoning and land use. The applicant'has suated in the application:for land use amendment that the conditions of the previous land use amendment coupled with the proliferation .of recent approvals for Congregate Living Facilities within the City make the approved use no longer economically viable. Whether the proposed rezoning is of a scale which is reasonably related ro the needs of the neighborhood and the city as a whole. The proposed amendment, although in sharp,contrast to the adjacent single faimly homes, would allow for a land use more compatible than a commercial project and could offer a more appropriate transitional use from the adjacent single family homes on the north to the cormmercial uses on the south. Furthermore, the subject rezonmg would support the current high demand for upscale apartment rentals that is indicated by the high occupancy rates in the aparrmem submarkets surrounding Boynton Beach as determined by a recent study conducted by the Planning and Zoning Division, Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. Wood Partners Development Page 6 File Niamber: LIJAR 00-003 There is a very limited amount of vacant land presently designated for High Density Residential within the City. However. there are vacant lands designated for :ommercial or other residential development, which if reclassified and developed as Planned Unit Developments. could achieve densities equal to or higher than 10.8 du/ac on a portion of the development, provided the overall density remains at the level established by the designated land use and zoning. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan to avoid mcreasmg the surplus of lands designated for commercial use, and to provide a range of housing choices. At the present maxmaum density of 10.8 du/ac, the site alone will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan and by the existing plan for a health care campus. Furthermore, at this density and use. a more preferable transition will be provided from the adjacent single family homes to the commemial uses in the Shoppes of Woolbright PCD Therefore, staff recommends approval of the requested rezoning from Planned Commercial Development (PCD) to Planned Unit (Residential) Development (PUD), and master plan modification to reassemble the proper~ with the adjacent Woolbright Place PUD. If the Planning and Development Board or the City Commission add ~onditions of approval~ they will be contained in Exhibit "C". ~ ATTACHMENTS LOCATION MAP NC-L_: FA M~[2f ESIDENTIAL i/S ~rOOL~RIGHT PLACE P.U.D M~IST££ PlaIN EXHIBIT "B" MASTER PLAN Conditions of Approval Master Plan Modification/RezOning Project name: Woolbfight Place PUD {y~Vood Development) File number: RIEZN 00-003 ~,n~ ....... ~-~ ~aster Plan Modification with a November 7,, 2000, Planning and Zoning Departlllen~ oa~e smm,n *r~ ~ ~ ' ' ~ g- INCLUDE REJECT DEPARTMENTS PUBLIC WORKS . Comments: NONE :~ . ~ , UTILITIES Commentl: NONE ' X FIRE X Comments: NONE POLICE Cu~ur~ents: NONE X ENGINEERING DMSION Comments: 1. Pursuant to the petitioner's letter of September 51, 2000, this parcel of land (in X question) was originally delineated as a residential tract (Tract F) in Woolbright Place PUD. In 1998, it was extracted from the PUD and rezoned as a medical campus. Now, it is being brought back as High Density Residential CttDR). If this is the case, this depmm~ent will require an updated traffic impact analysis to evaluate traffic impact movements at its proposed entranceway off of SW 8a Street and its effect on the intersection of SW 8t~ Street and Woolbright Road. 2. Augmenting the above comment, a revision to the sFWMD surface water · X management permit may be necessary, based on the higher density being sou~,ht (i.e., more surface parkin~ area, ~reater amenities, etc.). BUILDING DMSION - X Comments: NONE PARKS AND RECREATION X Comments: NONE Project name: Woolbright Place PUD (Wood Development) File number: REZN 00-003 Pa~e 2 DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST [ Comments: NONE X PLANNING AND ZONING Comments: 3. Add notes and symbols to document current city ownership o£ the 3.33 acres X located at the no,beast comer of the site, and the planned use fer public drainage purposes. 4. Show points of ingress/egress for added portion, consistent with existing X master plan, to show proximity to ex/sting driveways and to confirm conflict: will be avoided. 5. Show perimeter setbacks as required,.and to provide comparison with adjacent X properties' and with other portions of the master plan. 6. Identify location of "7t~ Street R.O.W." or confzrm and change to SW 8t~ X Street. 7. Revise or reprint master plan to avoid loss of text at left margin. X 8. Proposed revision to master plan is not documented in title block, decument X accordingly on rectified version. 9. Clearly state Future Land Use classification and maximum density allowed, X and change "DENSITY" to "Project Density". 10. Add statement to General Notes: "Pod 4 site plan approval is subject to X payment of a park fee." ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 11. DEN1ED _ X ADDITIONAL CITY COMMISSION CONDITIONS 12. To be deterrmned. MWR/blw PROJECT NAME: Wood Partners Development APPLICANT'S AGENT: Kilday and Associates, Inc. APPLICANT'S ADDRESS; t551 ForumP,lace~Suita-lOOA, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CiTY COMMISSION: December 5.2000 TYPE OF RELIEF SOUGHT: Rezoni[~g and Master Plan approval LOCATION OF PROPERTY: West side of SW 8,n Street approximately 1/8 mile north of Woolbright Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before,the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda bn the date above. The 'City Commission hereby adop~ the findings and recommendation of the Planning and Developmer~t Board, which Boar~l found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above The City Commission having considered the relief sought by the appticant and heard testimony'from the ~pp icant, members (~f city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant 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 GRANTED subject to the conditions referenced in paragraph 3 hereof. X DENIED This Or'der shall take effect immediately upon issuance by the City Clerk. All further development on the propert3/shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk Requested Ci~ Commission Meeting Dates [] November 2I, 2000 [] December 5, 2000 [] December 19, 2000 [] January 2, 2001 NATURE OF AGENDA ITEM VII-PUBLIC HEARZNG ITEM D CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR vt Date Final Form Must be Turned in to Ciw Clerk's Office November 9. 2000 (5:00 p.rm) November 22, 2000 I5:00 p.m.) December 6, 2000 (5:00 p.nm) December 20. 2000 (5:00 p.rm) [] Administrative [] Consent Agenda [] Public Hearing [] Bids Requesmd City Commission Meeting Dates [] January 16. 2001 [] February 6. 2001 [] February 20, 2001 [] March 6. 2001 Date Final Flyrrn Must be Turned in to City Clerk's Office January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 2001 (5:00 p.rm) February 21,200I '5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the December 5, 2000 City Commission Agenda under Public Hearing. The Planning end Development Board with a 6-0 vote recommended that the subject request be approved (there are no conditions recommended by staff nor the Planning and Development Board). For further details pertaining to this request see attached Department of Development Memorendum No. PZ 00-336. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: BOYNTON BEACH BOULEVARD PCD 0lJ's WHOLESALE CLUB) (RIGHT-OF-WAY) Roscoe L. Biby, P.E. Kimlcy-Hom end Associates, Inc. University of Florida Foundation, Inc., A Florida Corporation end University of Florida Foundation Inc., A Florida Corporation, as Trustee Southwest comer of Boynton Beach boulevard and Winchester Park Boulevard Request for abendonment of 30-foot Road Right-of-Way easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A PI ' o a~d Z~m~ Director D e~c~ op~e ni~D e~ a~xnent Director City Manager's Signature City Attorney / Finance / Human Resources TO: THRU: DEVELOPMENT DEPARTMENT MEMORANDI~SVI NO. PZ 00-336 Chairman and Members Planning and Development Board Michael W. Rumpf Planning and Zoning Director FROM: Jose R. Alfaro Plarmer DATE: SUBJECT: November 15, 2000 BJ's Wholesale Club ABAN 00-005 NATURE OF REQUEST Roscoe Biby of Kimley-Horn & Associates, Inc., acting as agem for BJ's Wholesale Club, has filed this application to abandon a 30-foot right-of-way dedicated to the City by the plat of Palm Beach Farms Company Plat NO. 8, as recorded in Plat Book 5, Page 73. Public Records of Palm Beach County, Florida. The attached Exhibit "A" shows the location of the applicant's property, and includes a diagram of the specific easement to be abandoned. BACKGROUND In December of 1990, the subject property located on the SW corner of Boynton Beach Boulevard and Winchester Park Boulevard, received approval as the Boynton Beach Boulevard PCD to include a 114,375 square feet of retail and a 5.625 square feet drive-in bank building on a 14.7 acres of land. Concurrent with this abandonment application a new master plan has been submitted proposing to construct, on the same 14.7 acres parcel, a 108.532 square foot BJ's Wholesale Club store, a 12 fueling pt~sition BJ's gas station, a 4.875 square foot bank building, and two restaurant/retail outparcels. The proposed B$'s Wholesale Club building will be constructed on a portion of the 30 foot right-of-way described in the first paragraph and subject of this application. The developer is requesting the abandonment of the above-referenced 30-foot dedicated right-of-way easement to facilitate the development of the project. See Exhibit "B" - Proposed Site Plan. Furthermore. this request is to satisfy abandonment requirements by both Engineering Department and Planning and Zoning Division contained in the conditions of approval for the BJ's Wholesale Club Conditional Use (COUS 00-006). ANALYSIS According to the applicant, the subject right-of-way easement is currently not being utilized by any agency and/or city, and is nor of interest for future use by any local public or private company and will no longer serve a public purpose. Page 2 Memorandum No, PZ 00-336 ABAN 00-005 Furthermore. the City departments involved in the review of all requests for abandonment, and the utility companies notified of the request are identified below Public notice was g~ven to the property owners that abut the easement and it has been advertised in the newspaper. The responses by the utility companies and city departments are as follows: CITY DEPARTMENTS Engineering Utilities Planning and Zoning No objection. No objection. No objection. PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection._ No objection.; No objection. No objection No objection. The following is a description of the zoning districts and land uses of the properties that surround the subject request (see Exhibit "A" - Location Map). North Right-of-way of Boynton Beach Boulevard. and farther north are a vacant parcel and Bedding Barn. a commercial business, zoned Community Commercial, C-3: South Congress Middle School zoned Public Use, PU; also, Stonehaven PUD, a residential development zoned Planned Unit Development, PUD. East Post Office zoned Public Use, PU; also, and south of the Post office is an unincorporated parcel developed for self-storage use' West Stonehaven PUD, a residential development zoned Planned Unit Development. PUD. RECOMMENDATION Staff recommends that the subject abandonment request be approved. No conditions of approval are recommended; however, any conditions of approval recommended by the Planning and Development Board or required by the City Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File LOCATION EXHIBIT "A" L BOYNTON BEACH BLVD. I I / ~i_ ,. 0 400 800 EXHIBIT "C" Conditions o£Approval Project name: BJ's Wholesale Club File number: ABAN 00z005 Reference: Application to Abandonment with an October t 1, 2000 Planning and Zoning Department date stamp marking. INCLU~DE REJECT DEPARTMENTS PUBLIC WORKS Comments: NONE X U, TILITIES · comments: NONE FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DMSION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. MWR/dim DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA . ROJECT NAME: BJ's Wholesale Club ;APPLICANT'S AGENT: Roscoe Biby of Kimley-Horn & Associates, Inc. APPLICANT'S ADDRESS: 601 21 Street, Suite 400, Veto Beach, FI. 32960 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 05. 2000 TYPE OF RELIEF SOUGHT: Request for dedicated street right-of-way abandonment LOCATION OF PROPERTY: SW corner of Boynton Beach Boulevard and Winct~ester Park Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida ~ppearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and ~ommendation of the Planning and Development Board, whi~;h Board found as follows: OR x THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, ~lpr~'da on the date of hear ng stated above The City Commission having considered the relief s~ught by the ~plicant and heard testimony from the applicant, members of city administrative staff and the public finds as ~:~ilows: 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 ~hall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk X:[-LEGAL TTEM A. 1 ORDINANCE NO. 00- G3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA AMENDING LAND DEVErOPMENT REGULATIONS AS FOLLOWS: CHAPTER 2, SECTION 6.C.1.; CHAPTER 2, SECTION 6,D.1. TO INCLUI)E NIGHTCLUB; AND CHAPTER 2. SECTION 6 E. 1 B.; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, staff has recommended an amendment to the City's zoning code to amend cedain,sections .o[the Land Deve opment Regulations to clarify definitions of Restaurant, Bar or Cocktail lounge, and Nightclubs; and WHEREAS, !upon~recommendafion of staff, the City Commission of the City of Boynten Beach :hasdeemed it,~tobe in the best interests of the citizens and residents of the City ~of Boynton Beach to amend' the City's Land Development OF ire true and correct and are now Sectien2~ That ~ha~2, !Section 6.C.l.-is hereby amended by adding the words and flguresinunderlined';~ tyPe, as follows: 1. Uses'-permitted~. Within any C-3 community commercial district, no building, structure, landor, w~.:t, er shall be used except for one (1) or more of the following uses: ff. Nightclub* Section 3. That Chapter 2. Section 6.D.1. is hereby amended by adding the words and figures in underlined type, as follows: 1. Uses permitted. Within any C-4 general commercial district, no building structure, land or water, shall be used, except for one (1) more of the following uses: k. Nightclub* Section4. That Chapter 2. Section 6. E. 1.b.,is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: 1. Permitted and conditional uses. Within the central business district, no building, structure, land, or water, or portion thereof .... b. Nightclub*, bars and' cocktail .lounges; excluding adult entertainment establishments. SeCtionS. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby rePealed. Section 7. Should any ~ or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 8. Authority is hereby given to codify this Ordinance. Section 9. This Ordinance shall become effective immediately. FIRST READING this day of November, 2000. SECOND, FINAL READING AND PASSAGE this __ December, 2000. ATTEST: City Clerk day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 XI. LEGAL A. 2 ORDINANCE O 00- (~q ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACI-I, ~ORID~ DELETING ARTICLE X OF CHAPTER 1 AND SECTION'3. B. OF CHAPTER 23 OF THE LAND DELVELOPMENT REGULATIONS AND ARTICLE II SECTION 1 OF CHAPTER 21 OF THE CODE AMENDING CHAPTER 1.5, OF THE LAND DEVELOPMENT .TO CLARIFY AND FURTHER APPLICABLE ~O FOR CONFLICTS, EFFECTIVE WHEREAS, the City:Commission,.upon recommendation of staff, has determined that it is in the best interests of the citizens and residents of the City, ~o amend certain sections of the Land Development Regulations to clarify and specify the procedures applicable to variances; and NOW, THEREFORE, BE IT ORDAINED BY ~ CITY COMMISSION OF THE CITY OF BOYN'rON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are lxue and correct and hereby ratified and com~rmed by the City Commi~iork Section 2. That Ar6cle X, "Varianc~ and Exceptions" of Chapter 1 of the Land Developm~t Regulations is h~reby repealed in its entLrety. Section3. That Section 3. B. "Variances" of Chapter 23 of the Land Development Regulations is hereby rq~ealed in its entirety. Section 4. That Article IL Section 1. "Variances" of Chapter 21 ofthe Code of Ordinances, is hereby deleted in its entirety. Page 1 of 4 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 5. That Article I. Section 4,1 D."Variances' ", of Chapter 1.5 of the Land Development Regulations is hereby amended to add sub-section h. as follows: h. For variances to the Chapter 21 Signs, the plannine and DeveJop~ent 'B6ard,,m~V Rant a:wahaac6 {f~it"'~d~ that the unUSual sl~pe or topo~aPhV: of the'~ pr6Pert'¢' in qUe~iiOn pre~)e~/ts si~a~,e allowable under the provis!ohs 6f?hapter :~2:1~ fro~ ade?htdy identi~g the bUSiness or other activity located on'Such prop~. 'Theboarfl maq~onl¥ grant a variance to: ': ~(2~}~ All6~/,the area, heigt~t,,~ b&h'0~a sign to be increased by up to , n ~tV~fi~ [25),uercent o~the maxanum k}lowable height or area: (3t ~li~w,:.the,,num~ 6~mgns'm ,be, increased over the maximum allowed By this C~. ' ~ ,,No variances may be re'anted to si~ expressly prqhibited by Charter21, Section6. That Article L Section 4.3 B. "Authority Granted by'City Commission", of Chapter 1.5 of the Land Development Code is hereby amended to read as follows: B. The following applications/types of requests that are processed and reviewed by the Planning and Zoning Department shall be approved by the planning and development board: 2. 3. 4. 5. 6. Abandonment. Admini.~'afive appeal. Community Design Plan appeal. Concurrency appeal. Concurrency time extension. Master plan modification. Page 2 of 4 Er~ · ! 2 3 5 6 7 8 9 l0 11 12 13 14 16 17 18 19 2O 21 23 24 8. Master plan time extension. 9. Major site plan modification. t0. New site plan. t3. Site Plan time extension. Subdivision - master p}an. 15.Use approval. 16.Zoning code appeal. 18. Conditional use approval time extension. Section 7. Conflicting Ordinances. All prior ordinam:es or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 8. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the rema/mng portions of this Ordinance. Section 9. Inclusion in Code. It is the intention of the City Commission of the C1TY OF BOYNTON BEACH, Florida, that the provisions of this Ordinance shall become and be made a pan of the CITY OF BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropr/ate word or phrase in order to accomplish such intentions. Page 3 of 4 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 23 24 Section 10. Effective Date. This Ordinance shall become effective ttzirty (30) calendar days after adoption by the City Commission. FIRST READING this day of ,2000. SECOND, FINAL READING AND PASSAGE this day of ,2000. CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: Vice Mayor MayorProTem Commissioner Commissioner City Clerk Page 4 of 4 ORDINANCE O 00-/,,5' AN ORDINANCE OF THE CITY COMMISSION OF TH~ CITY OF BOYNTON BEACH, FLORIDA DELETING CHAPTER 18. ARTICLE IX, EARLY'RETIREMENT INCENTIVE PROGRAM, IN ITS ENTIRETY, RESERVING SECTIONS 18-223 THROUGH 18-230; PROVIDING FOR SEVERABILITY, CODIFICATION, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the Early Reurernent Incentive Program set forth in Chapter 18, of the Code of Ordinances has been fully implememed; and WHEREAS, the City is in the process of establishing a new Early Retirement Incentive Program wh/ch wilt not be codified; and WHEREAS, continued inclusion of the Early Retirement Incentive Program currently set forth in the Code of Ordinances will likely result in confusion once the new Early Retirement Incentive Program is implemented; and WHEREAS, the City Commission, upon recommendation of city administration, has deemed it to be in the best interests of the citizens and residents of the City of BoY'ton Beach, to delete Alticle IX, Chapter 18. Early Retirement Incentive Program, from the Code of Ordinartces; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing whereas clauses are mae and correct and constitute the findings of the Commission necessaxy to support this Ordinance. Section2. That Chapter 18. Pensions and Retirement. Article IX: Early Retirement Incentive Program, Section 18-223 through 18-230 is deleted in its entirety, reserving Sections 18-223 through 18-230. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any sect/on or provision of this ordinance or portion hereof. any paragraph, sentence or word be declared by a court of competent jurisdiction to be. invalid, such decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby given to codify this Ordinance. Section 6. This ordinance shall become effective mediately upon passage. XI. LEGAL A. 3 2000. FIRST READING this __ day of November, 2000. SECOND, FINAL READING AND PASSAGE this CITY OF BOYNTON BEACH, FLORIDA day of December, Mayor Vice Mayor ATTEST: CityClerk Mayor Pro Tern Commissioner Commissioner ReauesmdCityCommi~ion Meetine Dkms [] November 21,200( ]~ December5.2000 [] December 19,2000 [] January2.2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission tn to ffitv Clerk's Office Meeting Dates November9.2000 5:00p.m.) [] January l6.2001 November 22, 2000 (5:00 p.m.y [] February 6. 2001 December6,2000 (5:00p.m.) [] February 20. 200t December 20. 2000 5:00 p.m.) [] March 6, 2001 Date Final Form Must be Turned in to Citw Clerk's Office January 3, 2001 5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7, 200] 5:00 p.m.) February 21,200I '5:0( p.m. XI-LEGAL ITEM A.4 NATIJRE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Bus/ness [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve a proposed Ordinance on Second Read/rig, which will set forth procedure ~nd nuplementation of an Early Retirement Incentive Program for the employees of the City of Boynton Beach. EXPLANATION: Based on the City's current staffing needs and recommendations from staff, the City administrauon would like to offer an Early Retirement Incentive Program to those full-time employees of the City, who on April I, 2001, have been full-time employees for a minimum of seventeen (17) years and are within three (3) years of normal renrement. Actuarial reports have been reviewed by staffand are attached to the Ord/nance for ComrmsSion review. The recommended option is to provide a commuation of basic hospitalization for the employee for the three year program. Tiffs ks similar to the prewous program three years ago. Assumptions as to pumc~pation are presented on the table on the next page. The assumptions are based on 60% participation in the prognn~ The proposed enrollment period would be from approximately December 15. 2000 to approximately February 1. 2001 for those employees who would qualify as of Aprit 1. 2001. The exact departure of employees would be based on the needs of the operating department, tn adthtion, the replacement of departing employees will be evaluated on a case-by-case basis and not be automatic. The revised ordinance conta/ns language that requires the City Manager to sign-off on actual departure dates of participating employees. PROGRAM IMPACT: Program nnpact will vary from department to department depending on the experience level and cross-naming provided by departing employees. FISCAL IM]>ACT: Cost savings of $141,657 in personnel costs based on most conservative option. ALTERNATIVES: Not approve the Early Retirement Incenuve Program. /,(~ Department Head's Signarare City Manager's Signature Depara-nent Name S:kBULLETtNkFORMSX~4.GENDA ITEM REQUEST FORM.DOC City Attorney Finance / Human Resources ORDINANCE O 00-66 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY C FLORIDA CREATING AN EARL~ qG THE EARLY PROVIDING FOR EARLY CRITERIA OF DATE. WHEREAS, the City Adm n strafion has formulate~d an Early Retirement Incentive Program, avail.able for participatibn bY full'time employees, who, on Apdl 1, 2001, have been full'time employees for a~ r~inimum of seventeen years and are within three (3) years of normal retirement; and WHER~S, the City Commission has evaluated the following actuarial studies for Po!i~ and Fire and Genera! E~pl°Yees prepared by ..G..abdei, Roeder & Smith and !.has determined that the Stud[es ~sUpport the ;feaSibility of the Early Retirement Incentive Program: Preliminary poi ce and F re study- June 9, Preliminary General .Employees.July 20, 2000, Final study- . NOW THEREFORE, BE IT THE CITY OF BOYN~ON BEACH~ ;ITY COMMISSION OF Section 1.. The foregoing whereas clauses are true and correct and constitute theflndings of the Commission necessary to support this Ordinance. Section 2. The City ;.Com_m. ission hereby creates an Early Retirement Incentive p~ramfor,anY:~ll-~ime CitvlemDIoVee who on April 1, 2001, has bee,, a full-time e~oyee ~or ~ ~inirndm ~ ~eventeen years and is within three (3) years of normal refirementl SectionS. Any full-time City:employee who on April 1, 2001 has a minimum o[ ss;.snteett :years. service, .and is within throe, years of retirement is eliqi~.le, to ~articm~te; cO. nditloned on ~e employ, es exe~u~..an.;q~..=~, Aqfee~ent for ParticiDefi~n and Waiver.no later than 5.00 P.M., January 3 desiqnatinq a last date of employment not later than Apd 1, 2001. The actu;-~l retirement date shall be ~o earlier than ;January 20,~.2001 and no ater than Apdl 1, 2001. The actual refireh~ent' date:is subiect apprc{~ed by the City Mana(3er wh,', .s. ha I ~e ,n~o.con.s' .derat,on the operational impact'on the Department frown ~vh c me employee ~s ret]nnq. Section 4. Eliq b e employees who elect to participate will receive: (1) -7'hree vears added: to years of service time and/or years of a.qe Inno event will the cresited time 6f service or years exceed three years total. (2) The City of Boynton Beach will continue to pay health insurance at prevailing sinqle covera.qe premium rates 'for all emplOYees who eleCt to participate, through March, 2004. (3) When necessary to fully vest an emp oyee n the po ice or firn se~iCe f0r years credited pursuant to this incentive,, but rnO[ actually served, or rendered, the pension adm n strato[ and '~e plan shall provide a benefit calculation factor for such police or tim employee which, when applied, result in the employee receiwn.q thn full retirement benefit set forth herein, without offset oi' penalty ' SeCtion 5. The City Commission adopts, issues and certifies as its own, the final statement Of actuarial impa~ and analysis Of the proposed Eady Retirement System prepared by Gabdel, Roeder & Smith for Police and Fire Pensions, and General Employees, copies of which are attached hereto an composite Exhibit "A". Section 6. Eli.qibe employees who elect to participate in the Eady Retirement Incentive Program must execute an Aqreement for Participation; and Waiver of Riqhts form on or before 5:00 p.m. on January 19, 2001. Section7. The City administration and the administrators of th~, retirement plans, in accordance with the requirements of Chapter 112, Flodd,q Statutes, and Rule 60T-1.004, are directed to certify and furnish a copy of this Ordinance to.qether with the statement of actuarial impact referenced herein to tho. Department of Mana.qement, Division of Insurance. The City administration and plan administrators are authorized to make such supplemental filinqs with thn Division of Insurance as is necessary to effectuate this Eady Retirement Incentivn Plan, Section 8. The City Commission authorizes the Mayor, City Mana.qer and City Clerk to execute Aqreements for Participation In Eady Retirement Incentive Pro.qram and Waiver of Riqhts forms with eliqible employees. A copy of the A.qreement for Participation is attached hereto as Exhibit "B". Section 9. :The City Commission adopts and ratifies the Commencement Notice, of b~ Section ,' in conflict herewith FIRST READING this day of November, 2000. ~nce or portion remainder of this upon SECOND, FINAL READING AND'PASSAGE:this'~ day of December, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem ATTEST: City Clerk Commissioner Commissioner GABRIEL.. ROEDER, SMITH & COMPANY Consultants & Actuaries 301 Eas; LaS Otas Bird · SuIle 200 * FI Lauderaale. FL 33301 * 954-527-1616 · FA> 954-525-0083 PERSONAL AND CONFIDENTIAl July 20, 2000 Ms. Diane Reese Finance Director City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425603100 Re: Boynton Beach General Employees Retirement Fund Dear Diane: You have asked us to determine the cost iPnpact of two possible early retirement window scenados-: All participants within three years of normal retirement date would be eligible, Each person who opts to retire would be given credit for three years of service. All participants with ten or more years of service would be eligible. Each person who opts to retire would be given credit for three years of service. Those who with the additional three years are not yet eligible to retire would have their pension deferred to their normal retirement date. The number of eligible partic pants wou d be 48 under the first scenado and 211 under the second. We have determined the cost impact assuming both that all eligible participants elect to retire and that one-half of eligible participants elect to retire. In all of our determinations, we also made the following assumptions: (1) There would be a number of new hires equal to the number of participants who retire. (2) There would be a number of promotions equal to the number of participants who retire. Those promoted are the remaining highest paid participants, and their raise would be 5%. Ms. Diane Reese re: Boynton Beach July 20. 2000 Page Two Results are as follows: Scenario I Assuming Scenario .2 Assuming Ali,Retire Half Retire Al Retire Half, Retire A. Increase in Annual ~ : · , Required Contribution to Pension Plan $ . 45 985 $ 21 626 $ (302,505) $. (154 991) B. Decrease in Payroll 930,762 465,689 4 378 296 I 2 211;830 C. NetSavings .! RR4777 ,~-~,~n~ 4680801 ' 2366821 We we come your questions and comments. Sincerely yours, J. Stephen Palmquist JSP/or cc: Jim Maheney GABRIEL ROEDER, SMITH & COMPANY GABRIEl.. ROEDER, SMITH & COMPANY Consult_ants & Actuaries June 8, 2000 Mr. Jim Mahoney 6224 Barton Creek Circle Lake Worth, Flodda 33463 Re: Boynton Beech Police Officers Retirement Fund Dear Jim: You have asked us to determine the cost im~0act of two possible early retirement window scenarios: · All participants with 17 or more years of service would be eligible. Each person who opts to retire would be given credit for three years of service. · All participants with ten or more yea. s of service would be eligible. Each person who opts to retire would be given credit for three years of service. Those who with the additional three years are not yet eligible to retire would have their pension deferred to their normal retirement date. The number of eligible participants would be 21 under the first scenario and 65 under the second. We have determined the cost impact assuming both that all eligible participants elect to retire and that one-half of eligible participants elect to retire. In all of our determinations, we also made the following assumptions: (1) There would be a number of new hires equal to the number of participants who retire. (2) There would be a number of promotions equal to the number of participants who retire. Those promoted are the remaining highest paid pertzcil~ants, and their raise would be 5%. Mr. Jim Mahoney re: Boynton Beach Police June 8. 2000 Page Two Results are as follows: SCenario I Assuming -~, $cenano 2 Assuming All Retire:: HaIf Retire All Retire, Half Retire A. Increasein Annual , ,: ',~.; :':' · Required Contribution to Pension Plan $ 31,626 $ 15,192 $ (126,630) $ (45,777) B. Decrease in Payroll · 617,208 ~ 325~351 · ~ 1,720~25 : 812,086 C. Net Savings 585,582 310,159 1,846,755 857,863 We welcome your questions and comments. Sincerely yours, J. Stephen Palmquist JSP/or PERSONAL AND CONFiDENTial June 8, 2000 MAe Smolle~, Chairman E~o,~to~l Beacfl Fimfightem Pension Beam[ IRe: ~t~n Eeecn Fimfightem Reammem Fund Dear Mike: Y~u have asked us to determine tl~e ~ impact of two possible eamj retirement window :' scenado$: · Na~l Pa"~cipan~;wit~ t Z °.r re°re Yearn of servi~e would be eligible. Each person e ol3ts t~ mare wou~ be given credit for three years of All pertl~ents wi~ ten ~' mare years of ~ ~uld ~ e~ible. ~ p~n ~ add~ m~ ~m ~ not ~t el~ ~ m~ ~ ~ve ~r ~on de~ ~ ~ no~ai ~re~ ~. u. wu r~ g~,Tmne~ tlle COst mlpact a~uming bottt that ail eligible proficients elect to reUm and ~at ~ne-haif of eligible participants elect to a~ made ~e (1) Thare v~u~d I~e e number of new l~i" re~e. ms equal t~ '~le numl3er of participants who (2) Mr. Mike June 9. 200~ Fage '1 wo We wet~ome your que~Uons a~d comments. ~in~emly yours, J. S~phen Palmqui~t JSPIor ~.kl~llUF. l~ ~P.~ff~ s~lrl311 & COPIPA, J, IY AGREEMENT FOR PARTICIPATION IN EARLY RETISq.EMENT INCENTIVE PROGRAM WAIVER OF RIGHTS THIS AGREEMENT for Participation in Early Retirement Incentive Program (hereinafter referred to as Agreement) is entered into between the City of Boynton Beach. Florida (hereinafter referred to as City) and (hereinafter referred to as Employee), this day of ,200_. WHERE&S, the City has: announced an early retirement incentive program which provides incentive benefits forparticipation; and WHEREAS, the City has prepared and distributed a Program Commencement Notice and a information Fact Sheet setting forth the terms and conditions for participation/n the Early Retirement Incentive Program; and WHEREAS, the Employee. has .been provided with a copy of the Program fCoOr~amd, en.ce ,n~. nt .Ne,?ce~an~ ~I~tf0~atto~ Fact Sheet setting forth the terms and conditions parumpauon in the tinny Retirement Incentive Program; and WHEREAS, the Employee has been advised that the Employee has up to forty-five days in which to consider the terms and Conditions of this Agreement; and WHEREAS, the Employee has acknowledged understanding of the benefits associated with the Early Retirement Incentive Prograr~; and WHEREAS, the employee has been advised to consult with an attorney prior to the execution of this Agreemem and has .had Such opportunity; and WHEREAS, the Employee is eligiple for p _a_rticipation in the Early Retirement Incentive Program hased upon the Empl0y~e' s ~years of service and age; NOW, T~ORE, the City and the Employee, in exchange for the mutual covenants ~xpressed herein andwhich are derived ~m the creation of and participation in the Early t~etirement Incentive'program agree as folloWs: All representations and statements set forth in the foregoing Whereas elanses are tree and correct and constitute material representations of each party to the other. The Employee agrees, to participate in the Early Retirement Incentive Program. The last day of employment of Employee with the City of Boynton Beach is The City will credit the Employee. who has a m~nimum of 17 years of credited service and who is V~!thin three years of normal retirement, either three years to the employees time of service or age or both so that a minimum,criteria for normal retirement is satisfied. Employee shall receive any p~ym~nr~ for any, unused, ~ual leave an~or sick' leave in acegrdance with ,eUr~ent,City, policy. Thi'si pay~out will' be made in'three O) eq~ ins~lments. The fi~st i~stallment ~'ill be on the r~tir~nt ~dg~te, se~,~9~,in ~ar~ '~ph,2:abave~ ~, S~con~i,,insta~lment December 1, 2002, ~cleamnee 7. The 10. but such continued participation shall be at the sole expense of th~ Employee. The current monthlyp, r,emi'ums are as follows: Health I-I~0 Single Coverage $270.04 En~loyee plus SP°us~ S542.74 Eraploy~ plus children $505.23 EmploYee plus Camily $627.41 PPO.$10Ocl~d. EPO,~S300 ded. $~95.39 . $-270~04 s s .o9 's 05.23 $688.49 $627.41 Dental insurance, coverase will not !~ continued by ~e City:of Boymon Beach after emploYee's i~t date of emPlo~tment. The Employee will be ~ insurance coverage will deduc~ for the month Thereafter monthly coverage will be deducted all prenlium~ for Employee. City t coverage or family pension check. No notice will be sent to emploxee cgneeming payments for additional Coverage. This Agreement contains the entire understanding Of ~e parties hereof superseding all cornmanicafions bet~e~n the pa, rtjes4/~hether oral or written, and this Agreement may not.be altered, ami~l,j ,,cle,~l, or modified or oth~ changed, nor may any of the terms hereo~'be' waived except by written instrument executed by both parties. By countersigning below, Employee aeknowtedgas that Employee understands and agrees to this Agreement and that Employee has been II. 12. advised by the City to consult with an attorney regarding Employee's rights and that Employee has had the opportunity to do so. Employee releases the City of Boynton Beach, Floridm its officers, employees, tr~ stees and agents, from and against, any and a, ll liability or causes of aefi0n arising ou~ of the City's offer of an Early Retirement Incentive Program or Employee's decision to participate In the program. Employee acknowledges understanding of Employee's rights under the Older Workers' Benefit Protectmn Act and the Age Discrimination and Employment Act and waives any fight or claim provided by either 0fthose Acts against the City. 13. Employee agrees not to seek or accept reemployment with the City of Boynton Beach. 14. This Agreement may be revoked by the Employee for a period of seven (7) days following execution of this Agreement. Thereafter, this Agreement is irrevocable by the Employee. IN WITNESS WHEREOF, the City and the Employee execute and enter into this Agreement. EMPLOYEE: Witnesses as to Employee: (Print) Witness Name Witness Signature ('Print) Employee Name Employee Signature (Print) Witness Name Wimess Signature STATE OF FLORIDA COUNTY OF PALM BEACH On this __. day of , 2000, before me, the undersigned Notary Public of the State of Florida, personally appeared and whose name is Subscribed to the within instrument, and he/she acknowledged that he/she executed the same. WHAT IF INSURANCE PREMIUMS INCREASE AFTER AN EMPLOYEE'S iLETIIq. EMENT DATE? For:She first three (3)years after t_he retirement da~e the ~ity pays the full premium for the employee Coverage;~reg~rdless of Whether it increases, decreaSed,or' remains the same. The-~mtJ10yee is respon~sible for p~iyment 0~all of'th~' premiumi for; dependent coVerage whether it increases, decreases or remains the same. DATES: OFFER OF PROGRAM LAST DAY TO SIGN AGREEMENT TO PARTICIPATE LAST DAY OF EMPLOYMENT December 6, 2000 January 19, 2001 April 1, 2001 WITNESS my hand and official seal. (Seal) Personally known to me Produced Identificatiom CITY OF BOYNTON BEACH: Notary Public - State of Florida ~a~r Attested to: ' . City Clerk City Manager C1TY OF BOYNTON BEACH ~ EARLY RETItLEMENT INCENTIVE PROGRAM .... COMMENCEMENT NOTICE The City of Boynton Beach, Florida announces an Early Retirement Incentive Program. This program is available for participation by Full;Time Employees who, on April 1, 2001, will be within three' e attained at least 17 years of service. The City ~heet which provides a detailed will and Eligibte employees who wish to participate in the Early Retirement Incentive Program must eXeeute.~n Ag~'eement for participation and Waiver of Rightslby 5100 P.M., un January 19,2001. DATED: December 6, 2000. CITY OF BOYNTON BEACH EARLY RETIREMENT INCENTIVE PROGRAM ACKNOWLEDGEMENT OF RECEIPT OF PROGRAM COMMENCEMENT NOTICE AND INFORMATION FACT SHEET The Undersigned, a currem employee of the City of Boymon Beach, Florida, acknowledges, that he/she: Was given a PROGRAM COMMENCEMENT NOTICE, INFORMATION FACT SHEET. AGREEMENT FOR PARTICIPATION 1N EARLY RETIREMENT INCENTIVE PROGRAM AND WAIVER, OF RIGHTS, and r Retirement 2. Was ad_m,'Sed that he/she may have rights whioh ,are protected under the Older Workers Protection Act or the Age Discrimination in ~-,mployment Act. 3. Was advised to consult with an attorney prior to executing aa Agreement For Participation in Early Retiremem Incentive Progr~.(Agreer~ent)' 4. Was advised that he/she may have up to forty-five (45) days to consider th6- Agreement For Participation in Early Retirement Incentive tam 5. Was advised that he/she may revoke ha/her Agreement For Participation in Early Retirement for a period of s~Ven (7) days follo~ving execution of~e Agreement.' IN WITNESS WHEREOF, I have hereunto set my hand and seal this .. day of ,2000. Signed; sealed, and delivered tn the presence off WITNESSES: (Witness Signature) ~Employee Signature) (Print Name of Employee) (Print Name of Witness (Wimess Signature) (Print Name of Wimess) CITY OF BOY'NTON BEACH EARLY RETIREMENT INCENTIVE PROGRAM FACT SHEET FAcT SHEET Based on the City's current staffing needs and reques, ts of employees, the City is offering an early retirement incentive program. Eligible ~employeeS are r~ot required t~ accept the offer and participate in the program. WHO IS ELIGIBLE? tO for a :. In order and '-of' Program cannot also HOW WILL IT WORK? If you a~e eligible t0 participate in the program and elect to do so, you will receive: * Three (3)ilyears added to your years of service time and/or years of age. In no event will the additional years exceed three (3) total years. (General Employees for example, i.e. If:you have 17 years of s~ce and you are age ' 59, 3-Years would be added to your age; if you have 22 years of service and are age 55, 3 years would be added to your years of service; if you have 17 yearsof sendee and are age 62, 3 years would be acl.ded to YOur years of service. For Police and Fire only, 3 years would be added to years of service as there is no age requirement for your pension plan). · The City of Boynton Beach will continue to pay health insurance at the single covet'age rate for all employees who elect to participate in the early retirement Z~ through March 2004. Dental insurance coverage will not be tlnued aftra' employees last 'date of employment with the City. IS THIS A ONE TIME OPPORTUNITY? At the time, the City does not anticipate offering this program again. HOW LONG DO IHAVE TO MAKE A DECISION? You will have 45 days from the date of formal notification, December 6, 2000, to accept or reject this offer. If you elect to participate by signing an Agreement for Participation and Waiver, you will have an additional seven (7) days following s~gning to notify the City that you revoke your decision to panic/pare. SHOULD I SEEK LEGAL AND FINANCIAL ADVICE BEFORE I MAKE MY DECISION? Yes, you should seek the advice of legal and financial counsel before accepting or rejecting tbxs offer. PLAN?WILL [ BE REQUIRED TO SIGN ANY TYPE OF WAD/ER TO ACCEPT TI-[E Yes, you will be required to sign an Agreement for Participation in Early Retirement which includes a Waiver and a general release ot: all claims against the City. A copy of the Agreement for :Participation'in Early Retirement is available for your review. CAN I REVIIEW THE AGREEMENT, RELEASE AND WAIVER NOW? Yes, the documents have been released and are available in the Finance Department. WHERE CAN I GET MORE INFORMATION? You should contact either of the folloWing individuals: Diane Reese, Finance Director (561) 742-6312 Barbara LaDue, Pemion Adminisuator (561) 742-6081 BY SIGNING THE RETIREMENT INCENTIVE PROGRAM AND WAIVER OF RIGHTS, IS EMPLOYEE WAIVING WORKERS' COMPENSATION CLAIMS? No. The Waiver contained in the Agreement is a waiver of age claims only. An employee does not waive claims arising from Workers' Compensation claims. BY SIGNING THE AGREEMENT FOR PARTICIPATION IN THE EARLY RETIREMENT INCENTIVE PROGRAM AND WAIVER OF RIGHTS, IS AN EMPLOYEE WAIVING WAGE AND HOUR MATTERS? No. The waiver contained in the Agreement is a waiver of age claims only. An employee does not waive claims arising from wage and hour matters. AGREEMENT FOR PARTICIPATION IN THE EARLY AN CITY OF BOYNTON BEACH EARLY RETI~LEMENT INCENTIVE PROGRAM EMPLOyEB DECLINATION TO PARTJC~,ATE IN THE ci~Y OF BOYNTON BEACHS EARLY RETIREIVIENT INCENTIVE PROGRAM The undersigned, a current ~mployee of the Cit~ of Boynton, Beach, Florida_ Program. IN W~SS WHEREOF,.~ ha~e hereunto set my:h~aand~seal~,thi Signed, sealed md delivered in the presence of.' WITNESSES: Witness Signature Employee Signature Print Name of Employee Print Name Witness Signature Print Name DATED: d~y of Requested City Commmsmn Meetine Dates [] November 2] 2000 [] December 5. 2000 [] December 19. 2000 [] January 2. 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Tur~ed in to City Clerk's Office November 9. 2000 (5:00 p.m. November 22. 2000 5:00 p.m December 6. 2000 5:00 p.m.) December 20. 2000 5:00 p.m.) Requested City Commission Meeting Dates [] Ianuary 16,2001 [] February 6. 2001 [] Februar~ 20. 200I [] March 6. 2001 Date Final Form Must be Turned in to Ciw Clerk's Office January 3, 2001 (5:00 p.m.) January 17,200I 5:00p.m February 7,200t (5:00 p.m.) February 2I, 2001 (5:00 p.m.) NATURE OF AGENDAITEM [] Admhiistrative [] Development Plans [] Consent Agenda --] New Business [] Public Hearmg [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentalaon RECOMiVIENDATION: Please place this request on the November 21, 2000 City Commission agenda under Legal, Ordinance - First Reading. As you may recall, a prior version of this request was approved on First Reading at the September 19, 2000 City Comrmssion meeting, and due to the magnitude of subsequent changes, should start over in the ordinance process. Second reading was originally postponed to allow time to conduct research and incorporate further changes related to outstanding issues. The ordinance has been revised and reviewed by the Boynton Ocean District Association (BODA) who will act as the rewew committee. This is now the second reading of the revised ordinance. EXPLANATION: The proposed mural regulations have been modified to incorporate further comments generated by staff and BODA. These changes establish a l-year pilot period during which time the ordinance will be applied to only the Central Business District CBD), followed by a program evaluation conducted by staff and presented to the commission. Other changes include allowing murals on fronts ofbuildhigs when presented as trornpe l'oeil elements tart work in the form of false windows, doors, or other architecturaVdecorat~ve elements); requiring professional artist a!uahfications and samples of work: and increasing the review period from 30 days to50 days to accommodate potential scheduling issues. Lastly, the ordinance was rewsed to elaborate on the removal rights and obligations by the property owner, and identified the review comnUuee as the BODA until changed or appointed by the Comrmsston. Per discussion al the November 21. 2000 City Commission Meeting, the ordinance has been amended to reflect a historic theme for murals. It should be noted that the Planning and Development board reviewed the f'ncst draft of the ordinance and communicated mixed opinions with some members generally opposing murals in the city; however, there was a consensus that the ordinance he thoroughly reviewed by legal staff relative to constitutional ramifications, and that any rehgious content also be prohibited to avoid opening the door for controversial themes and inequitable trealment of requests. Staff recommends that the subject ordinance be approved knowing that unanticipated problems will be detected, and subject to evaluation at the conclusion of the pilot period. PROGRAM IMPACT: If successful, this program could contribute to the City's image, marketability, and therefore demand for downtown redevelopment FISCAL EVIPACT: N/A ALTERNATIVES: Modify or not adopt proposed ordinance. SSBULLETIN~FORMS~AGENDA ITEM REQUEST FOtLM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Department Head's Signature Department Name City ~ttomey / Finance / Human Resources S:\BULLETINkFOR/vlSkAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 00-67 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF . BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS AS FOLLOWS: CHAPTER 1, ARTICLE DEFINITIONS; CHAPTER 9. COMMUNITY DESIGN PLAN; AND CHAPTER 21 SIGNS, ARTICLE II, TO CREATE A DEFINITION FOR WALL MURALS AND ESTABLISH A PKOCESS AND GLrlDELINES TO REVIEW FUTURE WALL MURALS; PROVIDING FOR CONFLICTS, SEVERABIL1TY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, staff has recommended an amendment to the City's zoning code to create a definition for wall murals and establish a process and guidelines to review future wall murals; and VOtEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to amend Chapter 1, Zoning, Article H, Chapter 9 Commnnity Design Plan, and Chapter 21 Signs, Article I1 of the City's Land Development RegulatiOns to create a definition for wall murals and establish a process and guidelines to review future wall murals; NOW THEREFORE, BE IT ORDAINED BY THE CITY, COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter [ General Provisions, Article H Definitions is hereby amended by adding the words and figures in underlined type, as follows: VEHICULAR SIGN - A sign or sign swacture... WALL MURAL - A form of artistic expression, limited to images depictin~ Bovnton I 1 amended at first reading-see definition of wall mm-al _ $:XSHRDATA\CA\0RDX,LDR Changes\Wall Murals Regs-rev.4112700.ctoc Beach history, Boynton Beach historical events, and/or Boston Beach landmark~, in which destens are representational, ima~native, or abstrac~ created in two dimensions by the application of:pigrnents or other c01ored media to a flat,surface. The elements of the desi~un may be line. form,-color,.tone~ and texture, and t~e¥ may be combined in an infinite Variety ofwavs.A mural:shall not contai~ ~raffiti~ nudity, a political statement, an orga~ati~n~.or corporate log0,0r any type of commey~ial advertisement.for any business pr0duct:~s~rvice. '~: . Section 3: · That Chapter 21 Signs,;Anicle I~ Section 2- Exemptions. is hereby amended by creating a.new subsection M.~as follows: M. Wall Murals (See Chapter 9. Community Design Plan) Section 4. That Chapter 9. Communit~ Design Plan is hereby amended by creo2dng anew Section 12. Wall Murals., as follows: Section 12. Wall Murals The function of a wall mural is to add interest to an othen~ise blank wall and/or to fill the gap left on the adiaeent side of construction when buildings are abandoned or demolished. In many cases the exterior walls of the adiacent side of construction were never intended to be seen from the streets. As such, they are generally unpainted, unfinished and often windowless. When. they are left exposed, some buildings convey an image of decay which, in turn, contributes to urban blight and has an adverse affect on both the overall physical appearance and economic health of the community. When wall murals are properly executed the general appearance of a building wall can be improved and tumed from a liability into an asset for the city. The following regulations shall apply to all new wall murals and the repainting of pre- existing wall murals: A. Wall murals shall be permitted only in the Central Business District (CBD) zoning district; Other than trompe l'oeil architectural embellishments, wall murals shall no~ be nermitted on the fronts of buildings, excent as may be anoroved by the Design Review Committee or by the city commission. Wall murals shall be: 1. Installed in strict conformity with their approved plans and any special ctndititns. amended at fu-st reading-see definition of wall mural $:~SHRDATA\CA\ORD~LDR Ch~nges\Wall Murals Regs-rev.4112700.doc 2. Installed by professional artists ,or licensed painters, or under their direct supervision. 3. Properly applied to buildin~ surfaces usin~ proper exterior paint or other materials. 4.' Suitably weath~roofed and prot~t~l a~ainst deterioration. 5. Maintained in their original condition. C. Application. A written application for mural approval ~hall be submitted to the Development Department Director or his/her desi~tee n~qing fOlIns which shall be provided. The application ~hall include the following information: 1. The name of the applicant, 2. The name and address of the property owner. 3. The street address and location of the proposed mural. 4. A written consent of the building owner inclndin~ the acknowledgment of respnn~ibility for cnm,nliance with city m~flations, maintenance obli~,afions and removal agreement. 5. A written description of instification for the proposal which specifically addresses liow the mural ~ati.qfies the criteria contained in this section. 6. Renderln~ and sketches prepared in a professional manner clearly indicating the intended appearance of the proposed mural. A sketch of the mural ~hall be sufficiently detailed and depicted on a scaled elevation of the wall{s) on which it will be applied. Colored photographs of the bnildin~ ~hal! accompany the mural sketch, showin~ the wall to be painted in r_o.!atlon to adjacent streets and buildings. 7. Color samples to accurately iaenti~ wall mural colors. 8. Qnuli~ations of the artist/painter who will execute the mural, a statement of his/her ability to coral~lete the work within a reasonable period of time, and a minimum of'two (2'} conmamble sample of the artists work. 9. Other such reasonable and relevant information as the Development Depaximent may require. D. Procedure. 3 amen~d at lust reading-see definition of wallmmal J:~SHRDATA\CA\ORD~LDR Changes\Wall Murals Regs-rev.4112700.doc 1. Application for approval of a wall mural is submitted to the Director of Development(or his/her designee) who will present the application to the Design Review Committee. 2. The Director (or his/her designee) shall, within twenty (20) working days of recetmng a complete applicattorh~cor~ene~the committee to remew the application. The meeting of the review committee shall be subiect to the sunshine law, open to the public, and follow,reasonable public notice pursuant to Florida law. 4. The applicant ~hall be notitied in.writing 3rdthin thirty~(3ff) working days of submission whether the walt mur~ aPPlication has been approved or denied. E. Appeals. When an.aggrieved party wishes to appeal a decision of the Design Review Committee, it must be filed as outlined in Chapter 1, Article VII, Appeals. F. Minimum Design Objectives. All'wall mural applications shall meet the following criteria: 1. lin?ore the value.and aesthetic appearance of the city. 2. Not constitute or create traffic or pedestrian hazards. 3. Contribute to the efforts of community identity and redevelopment, particularly in areas Where builrlin~s have been demolished leaving otherwise unsightly or blighted ~a~s in the nhvsical fabric of the community. 4. Promote the design theme applicable to the geographic area within which the mural is proposed (the establi,qhment of themes for any geographic area shall not be a prerequisite for a mural). 5. Be a solution to the problem of existing or totally blank walls visible by the public. 6. Foster cnlnmal identity, history and enrich the public environment for both the residents and visitors. 7. Respect community standards relative to decency and obscenity. G. Wall Mural maintenance and modification. H. The owner of any wall mural es defined at the time of approval shall be required .. 4 amended at first rearling-see definition of wall rnnral J:kqHRDATA\CA\ORD',LDR Changes\Wall Murals Regs-rev.4112700.doc to properly maintain said wall mural. Maintenance shall include painting and touch-ups. 1. Should the mural become faded, peeled or severely weathered as determined by the Design Review Committee, the property owner shall_ upon written notice of violation fium the Director of Development (or his/her designee), repair the mural or repaint the wall on which the mural was painted within 60 days (extensions may be granted if sufficiently iusfified and necessary to s_afis~ the obligations of rids section). Removal of wall murals. Should a deteriorated wall mural not be rectified within the allowed time, the following procedure may be used to abate the mural: 1. Notice to owner: Notice to the owner advising, thelll of the non-conformity shall conform with the provisions set forth in section 162.12, Florida Statutes. 2. A ealb. owner. The owner .qhall have thirty {30) days from the date of service to appeal the decision of the Code l~,nforcement Board to the City Commission, or to rectify or remove the wall mural. If the Commission affirms the decision of the Code Enforcement Board, the owner shall have fifteen (15) days from the date of the Co,,,,~issaon meeting to rectify or remove the wall mural_ The Commission ntav, in its own diseretien, impose eonrlitions on the owner for the restoration of the mural. 3. City's right to emer and abate. If the owner Cail~ to comply with the City order, the City may, at its own discretion, take such reasonable action as necessary to enter the property and remove the llanral ~tum the property, or restore the mural to a condition which is in compliance with the ori?.'nal terms of the approval. 4. Cost of abatement by the City. Upon the City's abatement of the mural, the costs thereof, including the arlminislrati~'e costsAneurred by thc City, shall be assessed against the rca~ ptOpOIIy ~orfi which the mural was removed. Mural abatement assessments shall be levied by resolution of the City Cnmml.qsion, and shall be recorded in amended at first reading-see definition of wall nmral ~':\._qFIRD ATA\CA\ORD ~DR CbangesXWall Murals Regs-rev.41 t2700.clo¢ the public records of'Palm Beach County, Florida, to afford notice to the public. 5. Alternative remedies. Nothing in this section shall in any way limit the City to the remedy listed abo~:;This remedy ~qhall be in,addition to any other remedy which the City ca~ Iegallypursue. 6. ~ Recordin~ requirements. The mural approval- and,agreement to remove shall be recorded and bindin~ upon the heirs, personal representativ~~ gra~ tees, successors m interest, or Jo regarding the .mural. 7. Removal by owner. The property o~xaier may remove any mural at any time~ 8. Removal agreement. Approvedmn,al~ shall not be installed until the city receives a written removal, agreement:properly executed by the applicant and the building owner. Such agreemem shall be furnished bvthe City. D~ign Review Committee. 1. A design review committee shall review all applications for wall murals. The committee shall approve, approve with conditions, or deny all requests for wall murals. The Design Review Committee shall be the Boynton Ocean District Associal/on IBODA) for the pilot period, or until otherwise directed/appointed by the City Commission. 2. The Desima Review Committee may apply reasonable administrative P°licies consistent with these regulatinn~ to .assist them in the review of proposed murals. Once approved by the Design Review Committee, such administrative poliei~ my be reviewed by the Director of Development or his/her designee for consigmney with the requirements and objectives herein. Pilot program and one (II year evaluation. These reg311atinn~.q shall be in effect for one (1) year from the date that the first wall mural anolication is ~,hmitted. At the end of the pilot period, staff shall prepare a 6 amended at fa'st x~ading-see definition of wall mm'al JSSHRDATA\CA\ORD~LDR Changes\Wall Murals Regs-rev.4112700.doc report for Commission consideration. Said report ~hall provide a summary ~ 'wall murals applications processed, feedba¢l~ of program issues, and a recomrne~ ~tion whether to continue, amend, or discontinue the program. The Commissio ~ will then determine whether to continue, amend, or discontinue the wall nural program. NotwS~'th~tandinq any provisions of this ordinance ~ pro,,o~ram and one (1) year evaluatton, paragr~ph~ G and tn effect indefinitely to ensure proper maintenance or removal under this .ro _. Section 5. Each and every other provision of the Land Regulations not herein specifically amended, shall remain in full force and as on ~nally adopted. Section 6. All laws and ordinances applying To the City of Boynton a m conflict with any provisions of this ordinance are hereby repealed. Section 7. Should any section or provision of this Ordinance or any thereof be declared by a court of competent jurisdiction to be invalid, shall not affect the remainder of this Ordinance. Section 8. Authority is hereby given to codify this Ordinance. Section 9. This Ordinance shall become effective immediately. FIRST READING this day of November, 2000. 7 amended at first reading-see definition of wall mm'al J:~HRDATA\CA\ORD'ff-~DR ChangesxWall Murals Regs-rev.4112700.doc SECOND, FINAL RI~ ADING AND PASSAGE this day of December, 2000. CITY OF BOYNTO1~ Mayor ViceMayor Mayor:ProTem Commismoner Commismoner ATTEST: City Clerk s:ca,ord',Amond LDR- Wall Murals090700 Revlll300 8 mended at first reading-see definition of wall fenwal J:kSHRDATA\CA\ORDkLDR ChaugcsXWall Murals Regs-rcv.4112700.doc XI. ORDINANCE NO. O 00-~,~ AN ORDINANCE OF THE CITY COMMISSION OF THE CI-I'Y OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2, SECT[ON ll.L. TO ALLOW THE REGULATIONS TO BE MODIFIED TO ALLOW. GAS SALES ANCILLARY TO A PRINCIPLE USE IN A PCD, SUB]ECl' TO MINIMUM ACREAGE AND OTHER SITE STANDARDS; PP, OV.IDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, staff has recommended an amendment to the City's zoning code to allow the regulations to be mociified to allow gas sales ancillary to a principle use in a PCD, subject to minimum acreage and other site standards; and WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to amend Chapter 2, Zoning, Section 11. L. Commercial Establishments Engaged in the Retail Sale of Gasoline and Gasoline Products. to allow the regulations to be modified to allow gas sales ancillary to a principle use in a PCD, subject to minimum acreage and other site standards', NOW THEREFORE, BE IT ORDATNED BY THE CITY COM[4TSSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2. Zoning, Section 11. L. COMMERCIAL ESTABLISHMENTS ENGAGED IN THE RETAIL SALE OF GASOLINE OR GASOLINE PRODUCTS. is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: LEGAL A, 6 1. Purpose. The purpose of these regulations is to establish development standards for commercial establishments which engage in the sale of gasoline, or other motor fuels. 'Fhese regulat OhS .... 2.Definitions. For the purposed.of-this ordinance,, the.fo low ng definitions shall apply: Ancillary Buildinq or Structure. A buildinq or structure-incidental to, subordinate to and subservient to the i~rincip~l building or structure; located on the premEses. Ancillary Use~. A use incidental to, subordinate to- and subservient to the pnndpal use of the- premises, . . . Automotive service stat on. The use of a building ,3. Development standards which apply to alt qasoline dispensinq establishments except those described under Subsection 4 of this Section L. below: a. Location (1) All gasoline dispensing establishments not determined to be ancillary uses as described in Subsection 4, below, shall be located only at the intersection of any combinaUon of the following roads as designated in the Boynton Beach Comprehensive Plan: ... g. Desiqn Criteria. (1_)All qasoline dispensing establishments located on desiqnated out- parcels to shopping centers, business centers, or other planned commercial developments shall conform in desiqn to the approved desiqn plan of the principal center. (2) Gasoline dispensing establishments shall conform to the community desiqn plan. (3) All qasoline dispensing establishments shall not install exterior site lightinq which exceeds photometric levels of 60-foot candles averaqe maintained. Liqht fixtures must be baffled, shielded, screened or recessed to prevent visibility of the lit portion of the fixture from off the premises. 4. As to all gasoline dispensinq establishments that are an ancillary use located or operated in or from an ancillary building or structure within a parcel or land of not less than ten (10) acres within a "Planned Commercial Distdct'~ (PCD) qoverned by Section 6.F. of the City of Boynton Beach Zoninq Code. and which gasoline dispensing establishment is o';;ncd 2,nd operated by the person(s) or entity(s) that owns and operates the principal use located on such parcel of land; and do not meet all of the requirements set forth u nder.Subsection 3, above, the followinq shall be applicable: a. Setbacks. Setback requiremerbts shal apply to all structures on the portion of the property on which the qasoline dispensinq establishment i~ located, includinq the primary structure for the gasoline dispensing establishment, or any accessory structures such as above qround storaq¢ facilities. (1) Front - 35 feet Side - 20 feet ~3} Rear - 20feet ~4} Other: (a) ..No canopy shall be located less than twenty (20) feet from any property line. (bi No qasoline pump island shall be located less than thirty (30) feet from any property line. ':[(~) No gasoline pump island or canopy shall be located less than two hundred ¢20Q~ feet from any public riqht of way. ' {e ~) No qasoline dispensinq establishment shall be located within two hundred (200) feet' from a residen[ial structure. Distances for the purpose of this subsection shall be measured from the closest qasoline pump island or canopy of the qasoline dispensinq establishment to the closest boundary wall of the residential structure. b. Buffers. Except for permitted driveway openinqs, a five {5) foot wide landscaped buffer shall be located aroUnd that portion of the parcel on which the qasoline dispensinq establishment is located. When the buffer separates the )ortion of the property on which the qasoline-dispensing establishment is located from a residentially zOned property, the buffer shall contain a six (6) foot hiqh concrete wall landscaped on the eXterior side by a continuous hedqe no less than thirty-six (36~ inches high and planted twenty-four.(24) inches on center at time of plantinq; trees ten (lO) to fifteen (15) feet in heiqht with three-inch caliper every forty (40) feet; and qroundcover. When the buffer separates the portion of the property on which the qasoline dispensinq establishment is located from other commercial proPeAY, the-buffer'~'!shall not be required to contain a concrete wall. Landscapinq shall be continuously maintained. 1 The wall shall be kept in qood repair and appearance at all times. 2 Openinqs with qates may be allowed where deemed appropriate by the City Commission. c. Desiqn Criteria. All qasohne d~spensmq establ shments nt. on the site siqn premises. maintained. or recessed to from off the d. Conditional :.Use.? ~Gasoline~ dispensinq establishments defined as ancillary to a p~nc pa tei~l~t of~!Planned commercial dis~rict are hereby desiqnated as aconditional use a's:;~hatterm is defined in S~ction :[:L.2. rcsldcn~oI Secton 5; c~nch and eve~. 0tli. er pro¥is~en of the Land DeYelopment Regulations not here{n speci~cally amended, shall remain i n full force and effect as originally adopted. Section 6. ^Il 'la~s and ordinances applying to the City of Boynton Beach in conflict ~ithany provisionsofthis ordlnance am hereby repealed. Section 7. Should any:secUon or provision of. this Ordinance or any porUon thereof be declared bY a cour~ of competent ,jurisdiction to be inYalid~ \~,C H\MAIN',SH RDATA~CA~IRD\L~) R Cha n~ol]ne ~t~ 1 ~ ~) .dO~,~'z ~-~A~A~,A~ R~I~'gJ~'~3~e~ ~-~: :!!:: such decision shall not affect the remainder of this Ordinance. Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately. Section 8. Section 9. FIRST READING this day of ,2000. SECOND, FINAL READING AND PASSAGE this __ ,2000. day of C~TY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner A'fiFES'T: City Clerk s:ca\ord~mend LDR -Gasoline Establishments - PCD092700 Rev. l~-~-000, Rev. 11~1300 Requested City Commission Meetin*- Dates [] November 2I. 2000 [] December 5.2000 [] December 19 2000 [] January 2. 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiP, Clerk's Office November 9. 2000 (5:00 p.m. Novembm: 22, 2000 (5:00 p.m.~ December 6, 2000 (5:00 p.m.~ December 20. 2000 5:00 p.m Requested City Comm/ssion Meeting Dates [] January 16, 2001 [] February 6, 2001 [] February 20; 2001 [] March 6. 2001 XI-LEGAL ITEM B.! B.2 Date Final Form Must be Turned in to Cit~ Clerk's Office January 3, 2001 (5:0( p.m. ~ January I7, 2001 (5:00 p.m. February 7, 200t (5:00 p m.~ February 2I, 2001 (5:0( p.m. B.3 NATURE OF AGENDA ITEM ~'~ Administrative "~ Developraent Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation RECONIMENDATION: First Reading of three ordinances as follows: Ordinance Amending Article [ of Chapter 2 Section 13.1 establishing a civilian governing board for the Community Redevelopmcmt Agency (CRA). 2. Ordinance Creating Article II of Chapter 1.5 of City Land Development Regulations amending the power and duties of the Community Redevelopment Agency (CRA) m provide for land use review functions within the CRA Boundaries. 3. Ordinance Amending Article I, Chapter 1.5 clarifying the land use review functions of the planning and Development Board for property outside the CRA Boundaries. EXPLANATION: Thc City Commission has established specific goals and objectives. One of these has been the restmctuxing of the CtUk from being a City Commission based board to a board made up entirely of non-elected officials. The target date for completion of the change over for the CRA is January 2001. In addition to the restructuring of the CRA, the City Commission adopted Resolution R 00 -150 on October 17, 2000 that established 55 Strategic Initiatives for the City to complete. Specifically, Imtiative # 2.3 reads as follows: 'Implement independent CRA v~ith approprtate review responsibilities for land use changes in the CRA area to eliminate the possibility of duplicate or conflicting revzews of development proposalx by other cio agenczes. Also develop framework or guidelines for City Commission review and general oversight of CRA work" In addition to this, real estate experts have noted the barners to development in the City's CRA area as follows: Excerpt from Appraisal Report from Anderson & Carr, Inc. for parcel in CR21 Area 'One of the primary problems in the downtown district is that there is no existing building stock of historic or architectural interest. Last year we spoke with a representative of Eastward Ho.t, an initiative of the South Florida Regional Planning Council.' She indicated that unlike downtown Delray Beach, which is booming, and Lake Worth. which has significant building stock of interest, and has also been redeveloping, Boynton Beach must buiM its downtown.from the ground up, with a major investment required for infrastructure and improvements. The expenses and risks involved make it extremely difficult to attract adequate development capital. S:~BULLETIN~FO1LMSkAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Page 2 To the north and south of the subject's urban core area lie residential neighborhoods. East of US Highway 1 to the south are mostl3 moderately priced condominium complex's. -To the north and east of US Highway ] is a single family area with some expensive waterfront homes. West of US Highway 1 and- east Of 1-95 are mostly medium:priced single family areas with some moderately priced rental areas of 2 to 6 unit buiMz)tgs. Boynton 's long neglected Central Business District has been dormant while plans for the marina redevelopment plod ahead. Now that the project is under way, along with other projects including the new bridge and Ocean Avenue infrastructure modernization, the city and local business owners are expecting a boom to the area However the district must compete for development capital with booming commercial areas to the west, as well as with the thriving redevelopment dism'cts in downtown Delray Beach and West Palm Beachi These two areas have a concentration of older buildings of historic and architectural sz~nificance, giwng them a ready made ambiance which needed onl) a little "sprucing up," to trzgger a redevelopment boom. Boynton does not enjoy the same advantage. Instead. it must redevelop mostly by clearing the existing commercial clutter and starting over." The draft ordinances will provide a clearer development rewe;v process for property m the CIL~ area by assigning the land development review functions to the CRA. For pmpero] outside the CR3., the Planning and Development Board will continue to perform land development review functions. PROGRAM IMPACT: The ordinance will eliminate the poasthility of duplicate end possibly corffiict/ng land development reviews by two advisory boards for property in the CRA. This will enable development proposals to be reviewed end re£med/n a comprehensive end professional manner without undue delay. FISCAL IMPACT: ALTERNATIVES: Existing City Staff will be available to work with the CRA, Retain the currgnt ord/aence structure that will require development applicants to present development plans to both the planning and Development Board and the CRA with final review/approval or denial by the City Comm~ssionxo~,. / /~ Department Head's Signature ~'ity Menager's Signature Department Name City Attorney / Finance Human Rd~ources S:~BULLETI2XBFORMS~AGENDA ITEM REQUEST FORM.DOC 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 XI-LEGAL ITEM B.1 ORDINANCE ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ARTICLE I OF CHAPTER 2 SECTION 2- 13.1 IN ORDER TO AMEND THE POWER AND DUTIES OF THE COMMUNITY REDEVELOPMENT AGENCY HEREINAFTER ("CRA") AND AMENDING ARTICLE I OF CHAPTER 2 SECTION 2-13.2 RELATING TO THE CRA TO PROVIDE THAT THE CITY COMMISSION SHALL NO LONGER BE THE GOVERNING BODY OF THE CRA AND TO PROVIDE FOR THE BOARD MEMBERS APPOINTMENT BY THE CITY FOR CONFLICT; PROVIDING FOR PROVIDING -FOR INCLUSION; PROVIDING FOR EFFECTIVE DATE. WHEREAS,.the City Commission desires to remove itself as the governing body of the Community Redevelopment Agency and to instead appoint citizens as the governing body. NOW~ THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACI~ FLORIDA: Section 1. That the foregoing "WHEREAS" clause is hue and correct and hereby ratified and confirmed by the City Commission. Section 2. That Ardcle L "Administration" of Chapter 2, Sec~ 2-13.1. enUtled Redevelopme trust fund; powers of agency, redevelopment.*" is hereby mended to read as follows: (f) The community redevelopment agency shall exercise all powers and expend all funds in accordance with thc pmv~sions of Chapter 163, Part ffl, Florida Statutes and those provided for in Article II of Section 1.5 of the City's Land Development Regulations, and any community redevelopment plan shall conform with the comprehensive plan of the city, as amended. Further, in development of the community redevelopment plan, the community redevelopment agency shall comply in all aspects with the height limitations imposed by the zoning code of the city, and further such plan shall ensure that the quality of the wetlands and mangroves will not be impaired except in conformity with the comprehensive plan. Page 1 of 3 j:~HRDATA~2A~RDXCRAXCRA BOUNDARY AMENDMENT(112700)DOC.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .Section 3. That Article I, "Admirdstration" of Chapter 2, Sec. 2-13.2 is hereby mended to read as follows: Sec. 2-13.2. Governing Ipodz of communi~xedevelopment, agency.· . (a) The Cty C0mlmss~on ..... ~by shall appotnte~ ~n accordance w~th the provisions of:Chapter ,16335,7(D(c), Florida Statutes, an~ ;dec!amd t~ bc the board of co~s siol~ers ~ a_s~s~: th.e,?g0v ,eafing,.~,or[:~y~ ~f the~ aorrgnuni~de-ge!pgment area, nm.~. . ~ ...... v ................. v ..........~.,,~, * ...... ;a.V.:t.~, The board will be composed of seven (7) members. (C) The Ci CommisniOn ,~..~"cr ~-'~ ":~ .,.., ............ ., ........a .... ~,. ...... shall select by malontv vote the chairman and the vice-chairman, ~ of the board of commissioners of the community redevelopment agency. Section 4. Conflicting Ordinances, All prior ordinances or resolutions or pa~ thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 5. Severability. If any section, sentence, clause, or phrase of this Ordinance is held m be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 6. Inclusion in Code. It is the intention of the City Commission of the CITY OF BOYNTON BEACH, Florida, that Page 2 of 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the pro',4sions of this Ordinance shall become and be made a part of the CITY OF BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may be mnumbered or relettered and the word "ordinance" may be changed to "section." "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 7. Effective Date. This Ordinance shall be effective mediately aRer adoption by the City Commission. PASSED FIRST READING this day of ,2000. SECOND AND FINAI_ READING ADOPTED this day of ,2000. CITY OF BOYNTON BEACH, FLORIDA A'fI'EST: City Clerk Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner Page 3 of 3 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 ORDINANCE XI-LEGAL FIRST READING ri'EM B.2 ORDINANCE OF THE CITY COMMISSION OF TFIE CITY OF BOYNTON BEACH, FLORIDA CREATING ARTICLE H OF CHAPTER 1.5 OF Tglg LAND DEVELOPMENT REGULATIONS TO,PROVIDE FOR THE POWERSAND DUTIES.OF THECOMMUNITY REDEVELOPMENT AGENCY (I~REINAFrER CRA) PERTAINING TO LAND WITHIN THE CRA, BOUNDARIES~ PROVIDINGFOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, there is a nee~d for a coordinated review and implementation of the plan for development and iedevelopment of the properties within the CRA boundaries to prevent the spread of slum and blight therein; and WHEREAS; the cum~:,nt development review process as applied withkt the properties located within the boundaries of the CRA does not address the needs of the Community Redevelopment Plan; and WHEREAS, thc Community Redevelopment(Area has special conditions that set it apart fi~om, the rest of the Oiv/and the development revaew process needs to be specialized to fit the Redevelopment Plan; and WHEREAS,-the City desires to create conditions that will encourage redevelopment and believes that it will be efficient and beneficial to have one entity, the CRA board; to help .guide and expedite the redevelopment of the Community Redevelopment Area in order to fulfill the Community Redevelopment Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Seetion 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratifiedand confirmed bythe City Commission. Section 2. Article II of Chapter 1.5 of the Land Developmem Regulations is hereby created as follows: ARTICLE II COMMUNITY REDEVELOPMENT AGENCY BOARD Sec. 1. Community Redevelopment Agency Board - Establishment and Page 1 of 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 1 2 3 4 Composition. A. The Boynton Beach Commtmir~ Redevelopment Agency is created and set .out,.in SectiOn 2- 13- of fl~e Bo~nt0n Beach Code of Ordh~ances/ - B;. The pro~4si~on~ of~. ~i¢le. llof~Ghapter 1:5 .shall'}applv only within the CRA boundaries as set out'in :Sectiomg~t3?of the Code of.O~dinane~: The provisions of this Am le shall supercede 'ard·prevatl over ~6th~ Cakt~;:~UOn~that may pertain.to the p opert~es located.~w~thin the CRA batmdaries Sec. 2~ Advisory authoriW, fanctions, poxvers and duties: A. The CRA board sh~l:ha~e the authorit,~., and duty to consider and recommend, upon applications, :as hereinafter set forth, after first considering the recommendations of its staff and after a determination of fact that application will contribute to reduction of slum and bli~_,hted conditions; enhance the tax base; implement and further the intent and the intent and purpose of the City?s redevelopment plan. B. The CRA board shall have alt powers and duties heretofore vested,in the planning and development board. Sec. 2.1 Quasi-Judicial Authority, functions, powers and duties. A. The CRA board shall have the authority and duty to hear and decide, in a quasi-iudicial capacity administrative appeals, special exceptions and variances. B. Administrative Appeals. The board has the authority to hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by an administrative 0ffieial in the enforcement of any zoning ordinance or regulation adopted pursuant to the section. C. Special Exceptions. The board has the authority and duty to hear and decide requests for special exceptions. To decide such:questions as are involved in the Page 2 of 9 1 2 3 4 5 6 7 8 9 determination of when such special' exceptions should be granted. To re'ant special exceptions with appropriate conditions and safe.g~ards or to deny such special exceptions when not in harmony with the purpose and intent of this section. The following standards apply to the board power to ~rant special exceptions: 1. The board shall find that in granting the special exception, the public interest wilt not be adversely affected. 2. The board may p~escribe appropriate conditions and safeguards in 10 ,, conformity with tiffs chapter. Violation of such conditions and safeeuards, when 11 made part .o!' the terms: under~ which the spec/al exception is granted, ~hall 12 constitute grounds for the rexoc~/fion"~ of the special exception and the certificate of 13 occupancy or occupational iicense assoc~ateqt therewitl~ 14 15 3. ffhe~board may prescribe a reasonable time limit within which the 16 action for which the special, exc~ption {s required shall begin or be completed, or 17 both. 18 19 D. Variances. The board has the authority and du~ to authorize upon appeal 20 such variance from the terms of a city ordinance as will not be contrary to the public 21 interest when, owing to special conditions, a literal enforcement of the provisions of the 22 city ordinance would result in unr)ecessary and undue, hardship. 23 24 1. In order to authorize any variance from the terms of an ordinance. 25 the board must find that: 26 27 a. That special conditions and mrcumstances exist which are 28 peculiar to the land, structure or building involved, and which are not 29 applicable to other lands, structures or buildings in the same zomng 30 district. 31 32 b~ That special conditions and circttmstances do not result from the 33 actions of the applicant for the variance. 34 35 c. That granting the variance requested will not confer on the 36 applicant any special privilege that is denied by this section to other lands, 37 structures or buildings in the same zoning district. 38 39 d. That literal interpretations of the provisions of the ordinance 40 would deprive the applicant of fights commonly enioved by other 41 properties in the same zoning district under the terms of the ordinance and 42 would work unnecessary and undue hardship on the applicant. 43 Page 3 of 9 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. f. That the grant of.the, variance,will be in harmony w~h the general intent ~ind~ purpose of'this chapter and that Such variance ,~ ~11 not be injmSox/s ~to:the area involved or,be othe~vise detrimental tO the public welfare: . g. For variances to minimum lot area or lot frontage requirements, that property is n0t ayailable frgraadiacent, properties in order, to:meet lhese~r~q S, ,o~:.{liat:;',the,,,acc~ui~iiic/n ~su~. propetw ~wou~d ~ause apphCar~*,f~s~h~a~ ces~:sl~all;~pr~¥~d~ at?::~ff~afla;~a,w~t~ the ~pp, l/~dafion fo~ va~asl,~o~ s~a~i'n~ ;~at th~ ~bove2 mentioned :conditi6ns exist: Mth resp:ect,~t6 ih~i~tii~ion c/gla~onht pr0pertv,' 2. In granting a variance: a. The board may prescribe appropriate conditions and safeguards in conformity with this section. Violations of such conditions and safeguards, when made apan of the terms under which the variance is granted, shall be, deemed a violation of this section. b. The board may prescribe al reasonable time hmit within which the action for which the variance is required shall begin, be completed, or both. c. Where variances of lot ,area and maximum densities are requested, and such variance, if granted, would cause the density to exceed the density, shown on the future land USe map of the citVs comprehensive plan, the de~sit~ created ~hatl-be c0nStmed to be in conformance with the comprehensive plan, if the board ifinds that the variance meets the conditions :set forth in~s section for granting the same, and the v ,a~'ance would only aliow for the construction of a single-family dethched dwelling. E. Procedures for,Variances, Special Exceptions and Appeals of Administrative Actions. 1. Exceptions. Under no cimumstances except as permitted above shall the board grant a Variance to permi~ a use not generally or by special exception permitted in the zoning district involved or any use expressly or by Page 4 of 9 27 28 29 30 32 33 34 35 36 37 38 39 40 42 43 implication prohibited in the applicable zonina district. No nonconformin~ use of neighborin~ lands, structures or buildings in other ZOlfin~ districts shall be considered mounds for the authorization ora variance. _. Review of Admi~fisU'ative Orders, In exercising its powers, the . board may, upon appeal and iu conformity with the prowsions of this section, reverse or affirm, wholly or part~t¥, or maY modify the order, requirement, decision or determination made by ati ~dministrative official in the enforcement of any zoning ordinance or regu}ati0n adopted pUrsuant to this section, and ma,/make any necessary order, req~uirement, decision or determination, and to that end shall have the p0wers of thc 0~ficer fi-om Wh0im'the appeal is taken. A maiority vote shalLb& necessary ~o;rever~e any order, ~,eqixirement, decision or determination of an,/mel~ admin~t~ative offieixl, or ~o decide in favor of the applicarit on any matter ui3on Which the board is!reqUire~to pa'ss,under this section. 3. Appeals from decision af Administrative Official. Appeals ~o the board may be taken by mir person ae,~eved or affected b,/any decision of an administrafiV/e of!~c,[al in(~r~etinff ak¢~ninq Ordinance. Such appeal shall be taken v~ithin:thirty '()~JT} :day~ia~er rendi~ ~n;of the 6rder, req~irement,.decision, or deicermihatio~,~p~hted: frbfii~?b¥ filing :~ith the 6fficer from :whom the appeal is taken and wiifi i~he ~bba~/L:~i'~ce ~f~ippeal peclf'fing the grounds thereof. to the board stays [ppealed taken shall certify to the board that b a court of record tppeal ~is taken and on reasonable time for the aslwell ~ due notice to the Upon the certified survey Commission~ For be handled by the 6. Review o£ Decisions of the Board. Arn~y person may appeal variance, special exception} ~ appeal of adminlst~aive ordbr to the Ci~ Commission of the City of Boy~tdn,~ch ~fla~ twentx) (20) daysififre~ ren~ion of the decision by the CRA boWdleriZe decision of the City c0mm~ssion shall be deemed final Page 5 of 9 2 3 5 6 7 8 9 11~ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 subject only to review by writ of certiorari to the Palm Beach County Circuit Court. 7. Withdrawal or Denial of Application. . ,~ , a. Upon the denial of an,application, for relief hereunder, in whole or in-~art,,~;pe~iod;b~f one (-1) ~ear must elapse prior to the filin~ of a sul~s~que~i~ aP~l~catioh:affecti~g the same property or any portion thereo£ least fifteen that scheduled Sec. 2.2. The and; duties, as Sec. 2.3 Authority Gr ,a~, ted b~ hhe City Commission. A The fo[lowin~ al~l~lications/t-vpes of requests are processed and reviewed by the plannin~:!iand ;~in,~, ~Dep~trira4i~ and ,~li~bei~eviewed and recommendations made by the CR3- b0a~i~ ~ ~it¢ Q0r~i0~ fOr:approval on the consent agenda: Page 6 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 [. Administrative appeal. 2. Community Desi~ Plan appeal. 3. Land use plan amendment/rezoning. 4. Teleconu'aunication towers (waiver or reduction of separation requirements and/or special exception regarding application rejection). 5. Conditional Use Approx~al. 6. Concurrency time extension. 7. Master plan modification. 8. Master plan time extension. 9. Major site plan modification. 10. New site plan. 11. Parking lot variance. t2. Sim~ code variance. 13. Site Plan time extension. 14. Subdivision - master plan. 15. Use approval. 16. Zoning code appeal. 17. Zoning code variance. 18. Conditional use approval time extension. B. The following applications/types of requests are processed and reviewed by Planning and Zoning Department and shall be reviewed by the CRA board and a recommendation made to the City Commission which shall be approved as provided by state law and placed on the appropriate part of the Clt~ Commission agenda pursuant thereto: Page 7 of 9 J3S HRDATAXCA\ORD\CRAXC RA Development Review ~.d~cH:X,! 11/21/00 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 1. Abandonment. 2. Annexation. 3. Code review. 4. Comprehensive plan text amendment. 5. Consistency review 6. Development?fye~gion~_'unPa~t amendment. 7. Height exception. 8. Concurrency appeal. ~ 9. Rezoning Sec. 3. Commission designated statutory planning agency. The City Commission is hereby designated as the city's local planning agency to act on behalf of the city under the terms and provisions of the local govemmem Comprehensive Planning Act, having the general responsibility for the conduct of a com- prehensive planning prom'am and the preparation, superviston and amendment of the comprehensive plan or elements or portions thereof applicable to the areas under the lurisdiction of the city as provided in said act. Sec. 4. Review of board and City Commission decisions. A final decision of the CRA board or the City Corn_mission may be reviewed by the filing of a Petition for Writ of Certiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, and in accordance with the procedure and within the time provided by court role and such time shall commence to mn from the date of the decision sought to be reviewed. Section 3. Conflicting Ordinances. All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Page 8 of 9 10 11 13 14 I5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3! 1 2 3 4 5 6 7 8 Section 4. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. Inclusion in Code. It is the intention of the City Commission of the CITY OF BOYNTON BEACH, Florida, that the provisions of this Ordinance shall become .and be made a part of the-CITY OF BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions.. Section 6. Effective Date. This Ordinance shall become effective thirty (30) calendar days after adoption by the City Commission. FIRST READING this day of ,2000. SECOND, FINAL READING AND PASSAGE this day of ,2000. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner Page 9 of 9 City Clerk Page 10 of 9 ~ XT-LEGAL I'TEM B.3 1 2 3 4 5 6 7 8 9 10 i1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORI~ DA AMENDING ARTICLE I, CHAPTER 1.5, SECTION 1 OF THE LAND DEVELOPMENT REGULATIONS TO ADD A NEW SUBSECTION E.; PROVIDING FOR LIMITATION OF THE PLANNING AND DEVELopMENT BOARD'S AUTHORITY IN THE COMMUNITY HEDEVELOPMENT ~d~EA; PROVIDING FOR TRANSFER OF AUTHORITY, FUNCTION, POWERS AND DUTIES TO THE AGENCY; PROVIDING FOR SEVERABHJTY; PROVIDING FOR ~REA~, ~th~. City ~omm~s~iog..,has ~un~dertaken.~a restructuring of the Comm~ RedeVelopmen( Ageh~y (h~.r~inafter cRA) Which will result in the agency being c~prks. ~ 9~ m- ~eg~ ~J~P?0ihted t{y:~he :~ommissi0~n rath~,thaa b~ng comprised of the City Cc;remission. ih aneffort to provide the,Agency with greater autonomy;, and W-HE~REAS; determined that. implementation of the providing the CRA :with the authority to review land development activit~ and WI-IEREAS, the transfer oLauthority ~t~ review land deve}opment activity from the Planning and Development Board to the Community Redevelopm~rr~ Agency will facilitate redevelopment.by consolidating the review process before one entity; NOW, THF~REFORE,~BE1T ORDAIi~J~ BY TIlE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing '~/'I~REAS" clauses are tree and correct and hereby ratified and confirmed by the City Commission: Page 1 of 3 1 3 4 $ ~6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 Section2. Article I, Chapter 1.5 Section 1 of the Land Regulations is here~y amended to add a new subsection E. as follows: Development .E. ~ authority, funcfions,:powers and duties Of the Plarmin~ and Development Board as l~ereinafter.'set forth in ~S Chapter shall within the boundaries of the Commuai¢/Redevelopment Area,:be vested in and be :performed by the Community 1.5. All references to the~lanmng ~ D~616pmen~B~ard, ~flais~Chapter~ShalI~be construed to mean the comm~niW RedeVelopment ~A~ene¥~when,-applied~.t~:l~and development activity within. :the-boundaries of .the. C°~muUn~3y Redevel0ment s tion3. C?nftictingOrdinances. All prior ~cesOr resolutions or'paSs'thereof in conflict h~e?th are hereby repealed to the extmt ofsuch conflict. Seeti0n 4; Severability. If any s~on~ sentence,~ clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. inclusion in Code. It is the intention of the City Commassion of the CITY OF BOYNTON BEACH, Florida, that the provisions of this Ordinance shall become and be made a part of the CITY OF BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," 'ax~icle,' or such other appropriate word or phrase in order to accomplish such intentions. Page 2 of 3 S:\CA\ORD~CRA~PD BOARD POWERS AND DUTIES.doc I 1/20/00 j~ 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 6. Effective Date. This Ordinance shall become effective thirty (30) calendar days after adoption by the City Commission, FIRST READING this day of ,2000. SECOND, FINAL READING AND PASSAGE this day of ,2000. CITY OF BOYNTON BEACH, FLORIDA ATTEST: City Clerk Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner Page 3 of 3 Reqt~ested City Commission Meeting Dates [] September 19, 2000 [] October 4, 2000 [] October 17, 2000 [] November 8, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI. LEGAL B. 4 Date Final Form Must be Turned in ~9 C_iW Clerk's Office September 7.2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 ~5:00 p.m.) October 18. 2000 (5:00 p.m.) [] Administrative [] Consent Agenda [] Public Hearing [] Bids ] Anuouncemem Requested City Date Final Form Must be Turned Corcaniss~on Meeting Dates in to City Clerk's Office [] November 21, 2000 November 9, 2000 [] December 5, 2000 November 22, 2000 [] December 19. 2000 December 6, 2000 [] January 2, 2001 Oec~'nber 20, 2000 [] Development Plans [] New Business [] [] U~finished Business [] Presentation RECOMMENDATION: City Commission approve an ordinance establishing an annual boat launching and trailer parking fee for Boat Club Park. Enforcement to be limited to weekends and holidays only. EXPLANATION: Due to its location opposite the Boynton Inlet Boat Club Park is one of the most popular boat launching facilities in South Florida. The City is currently cooperating with Palm Beach County utilizing a $900,000 grant to renovate and improve the park and launching facilities. Due to the high cost of maintenance &the ramps, we are recommending a $50 annual decal fee and a $10 daily fee for non-decal holders. No difference will be made between residents and non-residents since both County and State funding has been used in the consU-uction of this park. The City of Boca Raton recently started a decal system. They charge $27 a year and $10 daily. They do charge non-counW residents $300 per year for a decal but had m provide considerable justification to the Stare in order to include this differentiation in the fee structure. We do not recommend this effort since we are not as close to the Broward Palm Beach County line as is Boca Raton. PROGRAM IMPACT: We may need to hire additional part-time employees on weekends and holidays to assist with enforcement of this program. We currently assign two workers per day on weekends and holidays to Boat Club Park to provide security and traffic control. FISCAL IMPACT: Difficult to estimate at this point, but we are currently averagtng 85 launchings per day at Boat Club Park. Assuming 200 annual fee decals would be issued per year at $50 each = $10,000. Assunung five daily fee permits per day on weekends and holidays, we would generate an additional $5,900 ($50 per day x 118 days = $5,900). Total revenue = $15,900 per year. The cost for an additional parking attendant at Boat Club Park on weekends and holidays is estimated to be $9,000 per year. ALTERNATIVES:..,~ ~,~'~..~.~fff~/,,d:^C°ntinue ~e current practice °fcharging n° V~Park' ' Department Head s Signature ' Cit~vlanager's Signature Deparmaent Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGEN DA iTEM KEQUEST FORM.DOC AN ORDINAF ORDINANCE NO. 0 00- :' CITY OF THE AND ; AND TRAILER WHERE~the-City Of Boynton Beach,~operates~a~ma nta ns Boat Cub Park; WHER~ the Qty presently has no :User fee schedule for boat launching and trailer parking ~ Boat Club Park; WHEREA~, due to the increasing cost of maintenance of ramps atthe Boat Club Park, staff has recommended that the Commission adopt an ordinance establishing an~ annual and daily boat launching and trailer parking user fees for the Boat Club Park; WHEREAS, the Cl~ Commission of the Clb/ of Boynton Beach, Florida upon recommendation of staff, has determined that it is in the best~ interests of the citizens and residents of the City to amend the Code to create and establish a boat launching and trailer parking user fee for the Boat Club Park. NOW, THEREFORE, BE TI' ORDAINED BY THE CITY COMMISSION OF THE CTTY OF BOYNTON BEACH, FLORZDA, THAT: Section 1, That Chapter :16," Parks and Recreation'; Article I! "City Parks and Beaches" is hereby amended to create Section :16-61 "Boat Launching and Trailer Parking User Fee at the Boat Club Park", Florida is hereby amended by adding the words and figures ,in underlined type, as follows: Page 1 16-61. Boat launching and trailer parking user fees at Boat Club Park; Section :1. The purpose ofthis section is to establish an annual and daily boat launching and trailer parking user fees for the City's Boat Club Park. Section 2. The City shall charqe a $50.00 annual decal fee and $10.00 daily fee for non-decal holders. Section 3. The City shall not differentiate between residents and non-residents of the County. or the State while process~nq decal applications, Section 4, Annual decal will be issued to an applicant on an annual basis October 1 to September 30~ upon satisfactory completion of an a~proDriate application forms, Program to commence October 1. 200:L Section 5. Daily user fee wi] require the user to obtain a daily decal which expires 24 hours after issuance, Section 6. Unpermitted boats, vessels and trailers are subject to a $25.00 fine. Section 7. Enforcement: The City Police Department is hereby qfven the power and duty to enforce this article and shall have the power to make lawful arrests for the violaUon of the provisions hereof. Anyone found to have violated any provision of this section shall be punished as provided for in this chapter or as otherwise by law, Section 8. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Page 2 Section 9, Authority is hereby granted to codify said ordinance. Section :[0: This ordinan, c~ shal! become.effective immediately upon passage. FIRST READING this day of December, 2000. SECOND, FINAL READING AND PASSAGE this day of ,2000. CTF';; (~F BOYNTON BEACH, FLOR[DA Vice Mayor Mayor Pro Tem A'CrEST: Commissioner City Clerk Commissioner j (CORPORATE SEAL) Page 3 ~ 'i Requested City Commissmn Meetinm Dates ] November 21. 2000 [] December 5. 2000 [] December 19.2000 [] January 2, 200I CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI-LEGAL FIRST READING rrEM B.5 Date Final~ohn Mus~;b~ Turned in to Git~Cierk~a Office -- January 3.2Q01 (5:00 pan.) January 17, 2001 (5:00 Izm./ February 7,;~Ol/5:00 p.m.] February 21,2001 (5:00 p.m.1 NATURE OF AGENDA ITEM [] Administrative Consent Agenda [] Public Hearing [] Bids [] Announcemem [] Development plan~i [] New Business [] Legal [] Unfinishe, [] Presentation RECOMMENDATION: New Ordinance Proposal Chapter 9, Article VIII Section 9-71 Title "Hazardous Materials" EXPLANATION: Hazardous substances and hazardous waste which ere present in t who live work and work in the City of Boyntun Be~ch if such individuals ere exposed industrial accidents or other types of releases or emissions. Emergency service personnel in the City dangers of hazerdous materials in the community in order to Basic information on the locution, type and the health.risks of hazardous materials being used or stored it available to f'trefigi~ters, health officials, planners, and other emergency response personnel Disclosure of such i these persons in meeting their responsibilities for the health find welfare of the community. PROGRAM IMPACT: The enclosed Ordinance furthers the above objectives by: 1 ) requiring users of hazardous materials to file and t Hazardous Material Disclosure Form with the Boynton Beach Fire Rescue Depanmem; 2~ requinng request by the Boymon Beach Fire Rescue Department, to install an approved keyed lock box to store safety data plans and building access keys for authorized uae in the case of an exemption fxom public disclosure, as provided by Florida law; 4) authorizing the Fire Chief to enforc~ violations of this ordinance shall be punishable as provided in Section 252 Florida Statutes as well as in Secti FISCAL IMPACT: ALTERNATIVES: None City Manager's Sign~ i Depermaent Name City Attorney / Finance / Hun ~es~o~ces' S:~BULLETIlq~FORMS~.GENDA ITEM REQUEST FORM.DOC NEW ORDINANCE PROPOSAL CHAPTER 9 ARTICLE VIII SECTION 9-71 TITLE "HAZARDOUS MATERIALS" JUSTIFICATION: The for the,healt~ waste which community may /of s as a result of fires, ~ service encies and exposure of iow suffic ent y avai able to g their -lazaroous · upon 4) ARTICLE VIII HAZARDOUS MATERIALS SECTION 9-71 DISCLOSURE AND SAFETY REQUIREMENTS (a) Definitions. For the purpose of this section, the terms listed below shall be defined as follows, provided however, references to statutes or regulations in existence at the time this section is adopted shall also include references to such statutes or regulations as they may be amended from time to time: Carcinogen: refers to a substance which causes cancer. For purposes of the section, caminogens are those substances specified on the list developed by the United States Department of Health and Human Services in its Annual Reports on Carcinogens. CAS Number: the unique identification name as assigned by the Chemical Abstracts Services to specific chemical substances. Chemical name: the scientific designation of a substance in accordance with the International Union of Pure and Applied Chemistry of the system developed by the Chemical Abstracts Services. Common name: a designation of identification such as code name, code number, trade name or brand name used to identity a substance other than by its chemical name. Disclosure form: the "Hazardous Material Information Form"provided by the City of Boynton Beach Fire Rescue Department. Environmental Review: Boynton Beach Code of Ordinances 13-25 All businesses which would be located within the city shall state, as part of the occupational license application, whether the business would use, handle, store, or display hazardous materials or generate hazardous waste, as defined by 40 Code of Federal Regulations, Part 261, in which case'the business shall require a City Environmental Review Permit. (Ord. No. 94-15, & 1,6-21-94; Ord. No. 95- 22, & 2, 7-5-95) Handle: i:o generate, treat, use, or dispose of a hazardous material in any fashion. Handler: any person who handles a hazardous material. 9. Hazardous Material: any substance or product for which the manufacturer or producer ~s required to prepare a Material Safety Data Sheet IMSDS) for the substance ar product pursuant to the Superfund Amendments and Reauthorization Act (SARA) Title, III, October, 1986 and/or Chapter 252, Florida Statutes the Florida Hazardous Materials Emergency Response and Commun ty Right-To-Know Act, July, 1988, prov ded that a substance may add t cna y be deemed a haza~:doUs mated~l or h.a~rdaus w.a~ upoQ a :~'t~ding .by the. Fire Chief tha'~th~ S'~bstanc~ b~u~ chemi~l characteristic, poses a s gnifi~nt potent:iai'. ~a~ard to human health and safe~ or to the environment if ~leased ioto ~e comm~i~. Should the Fire Chief at any ti~e determine that oth~i~e ~e~ted materials ~hould be subject to disclosure, the Fire Chief may requirethe SubmisSion. Ca d~i0sure form 10. Hazardous waste: any material that B identified in the Co~e of ~dera RegulaUons, ~t e, 40, Sections 261.3!¢1 33 11. Health o~cial:' (he Health O~r with a~thori~ in the Ci~ of Boston Beach, Flodda. 12. MSDS: a Material Safe~ Data Sheet prepared pursuant to regulations indicted in paragraph 8above. 13. Person: an individual, trust, fi~, joint stock company, corporation, pa~nership, or a~ociation. 14. Physician: any person recognized as a physician under Florida law. 15. SIC Code: ~e idenUfication number assigned by the Standard industrial Classification Code to sp~ific ~pes of businesses. 16. Recovew: as defined in Palm Bea~ Coun~ Regional Hazardous Materials Response Plan. 17. StOoge or storing: the containment of substances or materials in such a man"er as not to cons~tute disposal of such substances or materials. 18. Use: includes ~e handling, pro~ss~ng, o(storage of a hazardous ~aterial. 19. User: any person who uses a hazardous substance or handles a hazardous waste. 2 (b) Filing of a Hazardous Material Disclosure Form. 1. Any person who uses or handles a hazardous material must semiannually, during the months of January and July, submit a complete disclosure form to the Boynton Beach Fire Rescue Department. 2. Any person, who, dudng the calendar year, for the first time becomes a user or handler of any hazardous material, must submit a completed disclosure form to the Boynton Beach Fire Rescue Department within fifteen (15) days of becoming a user or h. andler. Thereafter, any such user or handler shall comply with the provisions of Subsection (b) (1) above. 3. The City of Boynton Beach Fire Rescue Department may, upon written notice, require the submittal of a disclosure form of any user or handler. The user or handler shall submit a comaleted.disclosure form within fifteen (15) days. 4. Any person required to submit a disclosure form pursuant to this Section shall file with the Boynton Beach Fire Rescue Department an updated disclosure form within fifteen (15) days of any of the following: a) A change in business address. b) A change in business ownership. c) A changein business name. d) Cessation of business operations. e) The use or handling of a previously undisclosed hazardous material f) A significant change in the use, handling, or manufacturing of a hazardous material for which disclosure has been previously made. g) The hazardous characteristics of even/hazardous material disclosed. including, but not limited to, toxicity, flammabi ity, reactivity, and corrosivity as may be required by the Fire Rescue Department. 5. Upon request, all users must provide the following information: - - a) To the Fire Rescue,Department, any information determined by the Department to be necessary to protect the public health, safety, or the environment. b) To any physician, where the physician determines that such information is' necessary to the medical treatment of his or her patient and to the extent allowed by law. 3 (c) Exemptions From Disclosure. The following materials or persons are exempt from disclosure requirements: 1. Hazardous materials or substances contained in food, drug, cosmetic, or tobacco products. 2. Hazardous materials contained solely in' consumer products packaged for use by and distributed to the general public unless the product is repackaged or altered in any way; provided, however, the manufacture and distribution of these products are not exempt. However, pesticides, herbicides, and 'ammonium nitrate fertilize~ over. the required disclos~ream{)Unts ate ti:0t exemptfrbm disclosure. 3. Any material., s, Subchapter c, as, exists or 4. Infectious waste generated by h0Spitalsl medical ceni6i:s, ,~l~nicS, :and other health care facilities. (d) Identification of Areas; keyed lock box; identification placards. 1. When required by the Fire Rescue Department, any person submitting a disclosure form may be required to install an approved keyed lock box to store safety data sheets, floor plans, site plans, and building access keys for authorized use in the case of an emergency. If required by the Fire Rescue Department, the approved keyed lock box must be installed within ninety (90) days of receipt of a written notice from'the Fire Rescue Department. The specifications and location of the required keyed lock box shall be as designated by the Fire Rescue Department. The National Fire Protection Association (NFPA) Standard 704, Standard System for Identification of the Fire Hazards of Materials, shall be incorporated with the application of the keyed lock box to -' provide extedor warning symbols for emergency responders. Hazardous materials identification plaCard(s) sha be installed in accordance with NFPA Standard 704. The Fire Rescue Department may direct that the items specified above be revised or reinstalled at any time. The City shall bear no expense for initial or subsequent work required of a user under this section. 4 (e) Record keeping; exemption from public disclosure. Upon receipt of a disclosure form, the Fire Rescue Department shall maintain files of all disclosure forms received. Under the provisions of 252.88(3), Flodda Statutes, any and all information, including but not limited to, site plans and specific location information on hazardous materials furnished to the Fire Rescue Department pursuant to this section shall be confidential and exempt from the provisions of $119.07(1), Florida Statutes. (f) Enforcement. The Fire Chief or designee is authorized and empowered to enforce the provisions of this Chapter. The enforcement may include the inspection of hazardous materials in use, storage, or disposal, review of hazardous materials records, the sampling and testing of hazardous materials, and other activities directly related to the enforcement of this section. No person shall obstruct or interfere with the Fire Chief or designee in the performance of these duties. (g) Violations, tn addition to the penalties and remedies provided in section 252.66, Florida Statutes, any violations of the provisions of this section shall be punishable as provided for in section 2-91 and 9-61 of the City of Boynton Beach Code of Ordinances, Section 2: Should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part thereof other than the part declared to be invalid. ORDINANCE NO. 00 AN ORDINANCE OE .THE CITY COMM, ISSION OF THE CITY OF BOYNTQN BEACH, FLORIDA, AMENDING CHAPTER '~ ENTITLED ,,FIRE PROTECTION AND 9-71, of the City Code of Ordinances of the City of Boynton Beach provides the City wi.'th the power to enact legislation for purpose of prescribing regulations governing condiO~ng h dgus to fire, property and environment; WHEREAS, staff has taco ~m~. ended;the creation of-anew article, and section of Chapter 9 to regulate the use, handling, storage or storing of hazardous materials within the City of Boynton Beach; WttERE~ upon recommendation of staff; the City Commission of the City of Boynton Beach has,deemed it to be in the best interest of citizens and residents to create a new article and section to regulate Hazardous Materials. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OFBOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter 9 is hereby amended to create Article vm, entitled "Hazardous Materials", Section 9;71 entitled "Disclosure and Safety Requirements", to read as follows: Section 9.71 Disclosure and Safety Requirements. (a) Definitions. For the purpose of this section, the terms listed below shall be defined as follows, provided however, references to statutes or regulations in existence at the time this section is adopted shall also include references to such statutes or regulations as the3' may be amended fr°m time to time: /~- 1. Carcinogen: refers to a substance, which causes cancer. For purposes of the section, carcinogens are those substances specified on the list developed by the United States Department of Health and Human Services in its Annual Reports on Carcinogens. 2. CAS Number: the umque identification name as assigned by the Chemical Abstracts Services to specific chemical substances. 3. Chemical name: the scientific designation of a substance in accordance with the International Union of Pure and Applfied Chemistry of the system developed by the Chemical Abstracts Services. 4. CommOn. name:, a designation of identification such as code name, code number, trade name or brand name Jased to identify a substance other than by its chemical name~ 5. Disclosure form: the "Hazardous Material Information Form" provided by the City of Boynton Beach Fire Rescue Department. 6. Environmental Review: All businesses which would be located within the city shall state; as part of the occupational license application, whether the business would use, handle, store, or display hazardous materials or generate hazardous waste, as defined by 40 Code of FederalRegulations, Part 261, in which case the business shall require a City Environmental Review Permit. (Ord. No. 94-15, & 1,6-21-94; Ord. No. 95-22, & 2, 7-5-95) 7. o Handle: to generate, treat, use, or dispose ora hazardous material in any fashion. Handler: any person who handles a hazardous material. 14a~ardous Material: any substance or product for which the manufacturer or producer is required to prepare a Material Safety Data Sheet OVISDS) for the substance or product pursuant'to the Superfund Amendments and Reauthorization Act (SARA) Title, IH, October, 1986 and/or Chapter 252, Florida Statutes the Florida Hazardous Materials Emergency Response and Communit~ Right-To-know Act, July, 1988, provided that a substance may additionally be deemed a hazardous material or hazardous waste upon a tin,tin ?, by the Fire Chief that the'substance, because of its quantity, concentration or physical or chemical characteristics, poses a s~gnificant potential h~Tard tn human health and safety or to the environment if released into the community. Should the Fire Chief at an,/time determine that otherwise exempted materials should be subiect to disclosure, the Fire Chief may require the submission ora disclosure form. 10. Hazardous waste: any material tha~ is identified in the Code of Federal Regulatious,,Title; 40, Sectipns 26~1.31-261i33, 11. Health official: the Health Officer with authorit,,' in the City of Bo,rotan Beach, Florida. 12. MSI~S ~ ~ Material:~ Safe~DataSheet prepared pursuant, to regulations indicated in paragraph 8 above. 13: Persom an:indivi~tual4 tmst¢~firm,4o~t sto~l~company, corporation, parmership, or association: . 14. Phvsm~an: any person recognized as a physician-under, Florida law. 15. the Standard Industrial 16. 17. 18. material. 19. or handles a hazardous CO) Filing of a Hazardous Material Disclosure Form.. 1. Any person who uses or handles a hazardous material must semiannually, during the months of Januatw and July, submit a complete disclosure form to the Boynton Beach Fire Rescue Depax'tment. Any person, who, during the calendar year, for the first time becomes a user or handler of any hazardous material, must submit a completed disclosure form to the Bovnton Beach Fire Rescue Department Within fitieen (15) days of becomin~ a user or handler. Thereatler, any such user or handler shall comply with the provisions of Subsection Co) (1) above. The City ofBoyntox/Beach Fire Rescue Department may, upon written notice, require the submittal of a disclosure form of an3 user or handler. The user or handier shall submit a completed disclosure form within fifteen (I 5) days. 4. Any person required to submit a disclosure form pursuant to this Section shall file with the Bovnton Beach Fire Rescue Department an updated disclosure form within fifteen {15) days of any of the following: a) A change in business address. b) 3;change in businessownershap. c) A change in business name. d) CesSation of businessoperations. e'L :The:use or handling~ o fa previously undisclosed hazardous material. fl' 2~ significant.changein the use, handling, or manufacturing of a hazardous material for which disclosure has been previously made. g)~ The hazardous characteristics of every hazardous material disclosed, including,.bu[ not limited to, toxicity, flammability, reactivity; and eorrosi-,rity asm~¥~be required by the Fire Rescue Department. 5. Upon request, ail Users must provide the following information: a) To the Fire Rescue Department, any information determined by the Departmengto be necessaryto protect the public health, safety, or the environment b) To any ph~ieian, ~vhere the phgsiman determines that such information is necessary to the medical treatment of his or her patient and to the extent allowed by law. (c) Exemptions From Disclosure. The following materials or persons are exempt from disclosure requirements: 1. Hazardous materials or substances contained in Ibod, drug, cosmetic, or tobacco products. 2. l-lazardous materials contained solely in consumer products packaged for use by and distributed to the general public unless-the product is repackaged or altered in any way; provided, however, the manufacture and distribution of these products are not exempt. However, pesticides, herbicides, and ammonium nitrate fertilizers over the required disclosure mounts are not exempt from disclosure. 3. Any person, while engaged in the transportation or storage of hazardous materials, within the provisions of Title 49 of the Code of Federal Regulations, Subchapter~c, as exists or as hereafter mended or changed. 4. Infectious waste generated by:hospitals~ medical centers, clinics, and other health care facilities. (d'} Identification of Areas; keyed lock box; identification placards. When required by the F/re Rescued~c'partment, any person submitting a disclosUre form may b~required~to install~ an approved keyed lock box to store safety data sheets, floor ¢tans~ si'te:PtariS, and bnilding access keys for authorized use in the case.of an emergency. Ifreqnired by the Fire Rescue Department,.the.approved~kcvedgoek~b~x. must be installed within ninety (90) days of rece~pt o~a wri~n no!4ce frqm ~ Fire Rescuer Department. The specifications and location~of.the required keyed lock box shall be as designated by the Fir~ Rescue Department. The National Fire Protection Association (NFPA)' Smdard704~,?Standard Smem for Identification of the Fire Hazards ofMatefials, Shallbedneorporated with the application of the keyed lock box to provid~ exterior:~g: symbols for emergency responders~Hazardous i~aterials ide'ntifi¢'afion pl~acard(s) shall be installed in accordance with blFPk/~an~d ~84. The Fire Rescue Department may direct that the items specified above be revised or reinstalled at,any time. The City shall bear no expense for initial or subsequent work required of a userander this section. Record keeping; exemption from public disclosUre. 1. Upon receipt of a disclosUre form, the Fire Rescue Depaxtment shall maintain files of all disclosUre forms received. Under the provisions of 252.88(3), Florida Statutes, any and all information, including but not limited to, site plansand specific location information on hazardous materials furnished to the Fire Rescue Department pUrsuant to this section shall be confidential and exempt from the prowsions of $1 t9.07(1), Florida Statutes. Enforcement. The Fire Chief or designee is authorized and empowered to enforce the provisions of this Chapter. The enforcement ma,/include the inspection of hazardous materials in use, storage, or disposal, review of hazardous materials records, the sampling and testin~ of hazardous materials and other activities directly related to the enfomement of this section. No person shall obstructor inteffemwith the Fire Ckief or designee in the performance of these duties. Violations. In addition to the penalties and remedies provided in section 252.66, Florida Statutes, any violations of the provisions of this section shall be punishable as provided for in section 2-91 and 9-61 of the City of Bovmon Beach Code of Ordinances. Section 2: Should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent iurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part thereof other than the part declared to be invalid. SECTION 6. EFFECTiVE DATE. This Ordinance shall take effect on the day of ,2000. FIRST READING this day of December, 2000 SECOND, AND FINAL READING AND ADOPTED this day of ,2000. CITY OF BOYNTON BEACH. FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) s:ca~ordinance\hazardous materials 112700 Requested City Commission Meeting Dates [] November 21, 2000 [] December5. 2000 [] December I9, 2000 [] January2, 200] CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date.F~nal Form Must be Turned in to Cit,/Clerk's Office November 9, 2000 5:00 p.m.) November 22, 2000 (5:00 p.m.) December 6. 2000 (5:00 p.m.) December 20, 2000 5:00 p.m.) Requested City Commission Meeting Dates [] January 16, 2001 [] February 6. 2001 [] February 20; 2001 [] March 6. 2001 XI-LEGAL ITEM D.l.a Date Final Form Must be Turned in to City Clerk's Office January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7; 2001 (5:00 p.m.~ February 21,200t (5:00 p.m. NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business I-- Public Hearing [] Legal [-- Bids [] Unfinished Business [] Almouncemcm [] Presentation RECOMMIgNDATION: The Code Compliance Board voted by a 4-3 margin, to reduce the fine in Case #99-2474. from $7,875.00 plus $634.12 in administrative costs, to $2,000.00. EXPLANATION: The Board heard testimony from the applicants, stating they held the note on the property previously owned by a Mr. Laroque. Mr. Laroque purchased the property in 1999 and did not make his mortgage payments. According to the applicants, Mr. Laroque had the option of signing the property over, or be subject to foreclosure. He chose tO sign the property over to the applicants, who subsequently corrected the violations. The house is a single family dwelling located at 2510 NE 4th. Court, and is not considered a repeat violator under Florida Statute. The Board questioned the "due diligence" of the applicants in their neglecting to search the Public Records prior to taking Title. Therefore, the majority of the Board felt the applicants were operating as a business entity, and should absorb the responsibility thaLcomes with this type of business. PROGRAM IMPACT: The property is currently in compliance. FISCAL/MPACT: The City's costs are recovered, plus an additional $1,365.88. ALTERNATI?/'E~: Modify the Board's recommendation, not to exceed $8,50~9.12. Department Head's Signature City Manager's S~gnamre Department Name S:~BULLETIN~FOILMS~AGENDA ITEM REQIJEST FORM.DOC City Attorney / Finance / Human Resources 2510 NE 4th Court ..... Case No. 99-2474 Tonnessa Laroque Moishe Shemesh Mr. Blasie stated that the property was onginally cited on September 29, 1999 for violations of~the Land Development Regulations for an unsecured dwelling. The house was vacant and there was overgrown grass and weeds, as well as .trash and debris. The case first came before ~the Code Compliance Board on November 17, 1999 and no one appeared. A complriance date of December 1.3, 1999 rwas, set Or be fined $25.00 p~r day. The~ property complied on October 2~4, 2000 .~or~ :~;I 5 d~ys o:f; non-.cOmp[i~rJ- Ce, which c~mes,~'~t-~a~,t~tal, fine 0f-$7 ;8~5 plus $6:~4.12 i~ ~d~ nistrafive cost~. Mr. Blasie pre~ented photographs that were taken on November 16, 1999 and November 15, 2000. The respondent agreed that the photographs were photos of his property. Mr. , 224 Holiday Drive, Hallandale, Florida and Mr. Marty Jeffrey Street, Boca Raton, Florida said that they were holders of the note-on the property previously-owned by Ms. Laroque. Mr. Weisberg stated ,that Ms. Laroque pumhased the property in September 1999 and never madea payment on the mortgage and left town. They purchased the note from the mortgage company. Ms. Laroque was given the choice of either signing.the property over to the,m or they would continue,the foreclosure. As soon aZ Ms'. LaroqUe S gned 'the ~roperty over they wen~ in and Cleaned Up the property. Mr. Weisberg said that in order to get a lien reduction hearing, they were required to brng the entire property up to Code. and that is why it took them this long to appl~, :f~)r a lien reduction. Mr. ShemeSh. stated it cost over $5,000 to bdng the property into compliance. Mr. Lambert noted that Messrs. Shemesh and Weisberg were never notified and asked how they learned about the liens. Mr. Weisberg stated they discovered the. i~ns When they tookthe property back. Mr. Lambert asked if they did a title search before they took title to the property and they stated they took title without doing a lien seamh. Mr. Lambert asked what date the Court gave the property back to Mr. Shemesh and he stated September 29, 2000. Ms. Williams asked if the property is for sale and they informed her that it was. Vice Chair Hammer asked the respondent when they started to make the repairs and they stated shortly after they took title to the property. There was a great deal of damage that had been done to the interior of the house. Meeting Minutes Code Compliance Board Boynton Beach, Florida November 15, 2000 Mr. Lambert inquired if the respondents ever contacted the Code Compliance Department and Mr. E~lasie said there was evidence of correspondence in the file. Attorney Igwe pointed out that a reasonable person would make a diligent search of the public record to determine if there are any liens. If a person fails to make that search, that is his negligence. Motion Based on the testimony and evidence presented in Case No. 99-2474 and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City cf Boynton Beach Code of Ordinances, Mr. Foot moved that this Board recommend to the City Commission that the fine instituted in Case No. 99-2474, by virtue of this Board's Order of November 17, 1999, be reduced to a total of $2,000, which includes administrative costs. Motion seconded by Ms. Williams. Motion carded 4-3 (Vice Chair Hammer, Messrs. Miriana and Walsh dissenting). Case #99-502 Roger Banks & Esmeralda Clinton 220 SW 4th Avenue Mr. Blasie stated that the property was originally cited on March 23, 1999 for violation of the City's Community Appearance Code. The case first came before the Board on June 16, 1999 and the respondents did appear. A compliance date of September 13, 1999 was set or be fined $25.00 per day. The property complied on November 7, 2000 for 420 days of non-compliance, which comes to $10,500 in fines, plus $538.27 in administrative costs. Mr. Blasie noted that in the minutes from the June 16, 1999 hearing date, the respondent stated he did not repair the ddveway because he thought he might be loosing the house. However, he stated that his wife received some funds and they have obtained permits from the City and he asked for 90 days to extend the driveway. Mr. Blasie presented photographs to the applicant and the Board. Mr. Roger Banks, 220 SW 4th Avenue, Boynton Beach took the podium. Mr. Lambert asked the respondent why he was asking that the fine be reduced and Mr. Banks replied that he had no money. When the property was originally cited. Mr. Banks said he thought he could get the property fixed in 90 days. However because he had filed bankruptcy to save the house, his mortgage payments became too large for him to keep up. He further stated it was through his negligence that he never took care of the sod, but did repair a portion of driveway, but never completed it. Mr. Banks said that he never had enough Requested City Commission Meeting Dates [] November 21. 2000 [] December 5. 2000 [] December 19, 2000 CITY OF BOY. TON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit~ Clerk's Off;ce November 9. 2000 (5:00 p.r~) November 22, 2000 (5:00 p.m.) December 6. 2000 (5:00 p.m Decembex 20, 2000 (5:00 p.m.) Requested City Comrmss~on Meeting Dates [] January 16,2001 ] February 6. 200] [] Febraary 20, 2001 [] March 6. 2001 XI-LEGAL I'TEM D.l.b Date Final Form Must be Turned in to City Clerk's Office January 3, 2001 (5:00 p.m.I January 17, 200t (5:00 p.m.) February 7, 2001 (5:00 p.m. February 21, 2001 (5:QQ p.m. NATURE OF AGENDAITEM [~ Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal :--] Bids [-- Unfinished Bus/ness [] Announcement [] Presentation RECOMMENDATION: The Code Compliance Board voted by a 4-3 margin, to rescind the fine in Case #99-502. The original fine totaled $10.500.00, plus $538,27 in administrative costs. EXPLANATION: The Board heard testimony from the applicam regarding a pending foreclosure on his mortgage, in addition to bankruptcy proceedings. According to the applicant, he is attempting to sell the house in an effort to extract himseff from his financial predicament. The single family dwelling located at 220 SW 4th. Avenue has been owned by the applicant since 1993. and is not a repeat violater as defined by Florida Statute. PROGRAM IMPACT: The property is currently in compliance. According to the applicant, and a representative from the Title Company, a closing on the sale of the property will occur once the lien reduction process is fmalized. FISCAL IMPACT: The City's administrative costs are not recovered. ALTERNf~:~..~~~ -~'~" Modify the Board's recommendation, not to exceed $11,038.27.~ Department Head's Signature C~'~v. Manager's Signature Department Name City Attorney Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FOP, M.DOC Meeting Minutes Code Compliance Board BOy~ton Beach, Florida November 15, 2000 Mr. Lambert inquired if the respondents ever contacted the Code Compliance Department and Mr. Btasie said there was evidence of correspondence in the file. Attorney Igwe pointed out that a reasonable person would make a diligent search of the public record to determine f there are any liens. If a person fails to. make that search, that is his negligence. Motion Based o,n the testimony and evidence presented n Case No. 99-2474 and havir~g bben advised that the Respondent~ have c0m~31ied :with all lien reductii3n procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board recommend to the City Commission. that the fine instituted in Case No. 99,2474, by virtue of this Board's Order of No~vember 17, 1999, be reduced to a to~tal ef $2~000, which includes administrative costs. Motion sec~3nded by Ms. Williams, Motion carried 4-3 (Vice Chair Hammer, Messrs. Miriana and Walsh dissenting). Case ~P39-502 Roger Banks & Esmeralda Clinton 220 SW 4th Avenue Mr. Blasie stated that the property was originally cited on March 23,.1999 for violation of the City's Community Appearance Code. The case first came before the Board on June 16, 1999 and the respondents did appear. A compliance date of September 13, 1999 was set or be fined $25.00 per day. The property complied on November 7, 2000 for 420 days of non-compliance, which comes to $10,500 in fines, plus $538.27 in administrative costs Mr. Blasie noted that in the minutes from the June 16, 1999 headng date, the respondent stated he did not repair the driveway because he thought he might be loosing the house. However, he stated that his wife received some funds and they have obtained permits from the City and he asked for 90 days to extend the driveway. Mr. Blasie presented photographs to the applicant and the Board. Mr. Roger Banks, 220 SW 4th Avenue, Boynton Beach took the podium. Mr. Lambert asked the respondent why he was asking that the fine be reduced and Mr. Banks replied that he had no money. When the prcperty was originally cited, Mr. Banks said he thought he could get the property fixed in 90 days. However because he had filed bankruptcy to save the house, his mortgage payments became too large for him to keep up. He further stated it was through his negligence that he never took care of the sod, but did repair a portion of driveway, but never completed it. Mr. Banks said that he never had enough 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida November 15, 2000 money to fix the property and he just recently brought the property into compliance by saving some money to move into another place. His attorney suggested that he try to sell the house and that is when he found out there was a lien on the house. Mr. Banks said he has a buyer for the house and unless the house is sold, it will go into foreclosure on November 30th. The respondent also thought that the work that he had done to the house previously was sufficient for compliance and was unaware that the house was not in compliance. He further stated that seeding n the sWale never took due to trash pickups and heavy rains. He also said he was not aware that a $25.00 per day fine was running on the property. Mr. Blasie stated that the City received an inquiry from the title company on November 1, 2000. Mr. Banks stated that the house is sold, but the only way he can go through with the sale is to get the liens reduced, otherwise it would go into foreclosure and he has no money whatsoever. Mr. Lambert pointed out that whatever this Board finds, the respOndent still has to appear before the .City Commission. Mr. Foot recommended a total fine of $1,000. Mr. Midana asked if the respondent had any equity in the house and he stated he had none and that he has filed bankruptcy twice. The respondent stated he would break even if he sold the house. Mr. Banks stated he purchased the property at $64,000 and is selling it for $84,000 and with all the payments for court and closing costs, he would break even or realize around $500.00. Motion Based on the testimony and evidence presented in Case No. 99-502 and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Williams moved that this Board recommend to the City Commission that the fine instituted in Case No. 99-502, by virtue of this Board's Order of June 16, 1999, be reduced to no fines or administrative costs. Motion seconded by Mr. Walsh. Motion carried 4-3 (Messrs. Foot, Lambert, and Rossi dissenting).