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Agenda 10-01-02 The City of Boynton Beach 100 E, Boynton Beach Boulevard · (561) 742-$000 City Commission AGENDA OCTOBER 1, 2002 Gerald Broening Mayor At Large Ronald Weiland [ [] Vice Mayor ~ JDISTI ~ICT IV '11 District' Mack McCray Commissioner District II MikeFerguson ~~~' 7 ~'-~ District III "-' Charlie Fisher Commissioner District IV Kurt Bressner DISTRI( :T I City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLLC PART~CTPATZON AT CTTY OF BOYNTON BEACH COMMTSSION ME.. i ,NGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Con~nt Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · R~j-lar Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKZNG AT COMMISSION ME-- ~ z.~GS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow ~olored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · R~jular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green ~olored 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 COMMZSSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA October 1, 2002 6:30 P,M. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Rev. Dr. Marshall Cook, Boynton Beach Congregational Church C. Pledge of Allegiance to the Flag led by Commissioner Fisher D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE Tr TO THE CTrY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LZMTTED TO 3-Mt'NUTE PRESENTATIONS IIl, OTHER: A. Informational Items by Members of the City Commission ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Dat~ IV Fisher Children & Youth Advisory Bd Stu/Reg/Voting 1 yr term to 4/03 Tabled (3) Mayor Broening Children & Youth Advisory Bd Stu/Reg/Voting 1 yr term to 4/03 Tabled (3) I Weiland Children & Youth Advisory Bd Stu/Reg/NonVoting I yr term to 4/03 Tabled (3) Agenda Regular City Commission Meeting Boynton Beach, Florida October 1., 2002 I Weiland Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/03 Tabled (2) ! Weiland Community Relations Board Alt 1 yr term to 4/03 Tabled (3) IV Fisher Education Advisory Board Stu 1 yr term to 4/03 Tabled (3) Nayor Broening Education Advisory Board Stu ! yr term to 4/03 Tabled (3) 1!! Ferguson Library Board Alt 1 yr term to 4/03 IV Fisher Library Board Reg 3 yr term to 4/03 III Ferguson Nuisance Abatement Board Alt I yr term to 4/03 Tabled (3) V. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: None B. Presentations: 1. Proclamations: a. "City of Boynton Beach General Election" - November 5, 2002 b. "Fire Prevention Week" - October 6-12, 2002 c. "National Customer Service Week" - October 7-11, 2002 V'[. PUBI TC HEARZNG: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTrS A. Project: The Harbors (LUAR 02-005) ('TABLED TO CRA I~fE~: l ~(; OF OCTOBER 8~ 2002,) Agent: .lennifer Morton, Land Design South Owner: Schgai, Inc. Location: 2300 North Federal Highway Description: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Request to rezone from (C-3) Community Commercial to (IPUD) Infill Planned Unit Development Proposed Use: Development of 54 fee-simple townhouses B. Project: Merano Bay (LUAR 02-006) (TABLED TO CRA MEE"I~NG OF OCTOBER ~ 2002,) Agent: Carlos Ballbe, Woodside Land Development Corp. Owner: Autozone, Inc. 2 'Agenda Regular City Commission Iqeeting Boynton Beach, Florida October 1, 2002 Location: Southeast corner of Shore Drive and Federal Highway Description: Request to reclassify the subject property from Local Retail Commercial to High Density Residential and to rezone from C-3 Community Commercial to IPUD Infill Planned Unit Development Proposed Use 20-unit fee simple Town homes and related site improvements VII. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of September 12, 2002 2. Special City Commission Meeting of September :[2, 2002 3. Special City Commission Meeting of September 17, 2002 4. Regular City Commission Meeting of September ~.7, 2002 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 200:[-2002 Adopted Budget 1. Extend the "ANNUL SUPPLY OF REMOTE TOUCHREAD/METER SYSTEM" Bid #069-2821-01/C.1D, to 1~NVENSYS METER SYSTEMS (formerly known as Sensus Technologies, l~nc.) for an additional five years for an estimated annual expenditure of $1,000,000 2. Approve the "sole source" PURCHASE OF PARTS FOR LARGE REFUSE TRUCKS from HE]~L ENVIRONMENTAL INDUSTRTES with an estimated annual expenditure of $50,000 3. Approve the PURCHASE OF MISCELLANEOUS PARTS AND COMPONENTS FOR THE RAD1~O TELEMETRY SYSTEM from DATA FLOW S¥$ I cMS on an "as-needed basis" with an estimated annual expenditure of $90,000 4. Approve the "piggy-back" of LAKE COUNTY CONTRACT #99-:[50 for the PURCHASE OF A FiRE RESCUE APPARATUS CONS~$'~'iNG OF A PIERCE 61' SKYBOOM ON A DASH CHASSIS (W~TH OPTIONS) from PIERCE MANUFACTURING ]~NC. in the amount of $555,:[42 5. Award of bid for the sale of the 4COP Liquor License held in escrow by the City, in the amount of $55,250, to Realty Masters, d/b/a The Fraticelli Companies, Inc. 3 Agenda Regular City Commission Meeting Boynton Beach, Florida October 1, 2002 6. AccePt the proposal from Partner Plus, Inc. for the Three-Year Lease for Concession Operations at Boynton Beach Municipal Beach, Oceanfront Park, RFP #077-27:L0-02/KR AND neqotiate the terms of a lease agreement. Annual lease payments will be made to the City of Boynton Beach C. Resolutions: 1. Proposed Resolution No. R02-171 Re: Approving the L/CENSE AGREEMENT, COMPUTER HARDWARE AND SOFTWARE SALES AGREEMENT, and THE SUPPORT AGREEMENT FOR THE PURCHASE OF A POINT-OF-SALE SYSTEM (POS) from TNTEGRATED BUSINESS SYSTEMS, 1:NC. (I.B.S.) - for Golf Course 2. Proposed Resolution No. R02-172 Re: Approving the establishment of a CRA Operating Account D. Ratification of Planning & Development Board Action: 1. (~uantum Park and Village North (SBI~IP 02-002), North of Gateway Boulevard, West of High Ridge Road - Request for Master Site Plan Approval with waivers for 103,844 square feet of office/retail (including six rental apartments) and 136 fee-simple townhouse units on 22.50 acres in the Quantum Park DRI 2. Intentionally left blank 3. New Alliance Haitian Church (NWSP 01-008), Hoadley Road (east side, south end) - Request for site plan approval for a one-story (240 seat) church on a 1.9-acre parcel E. Ratification of CRA Action: 1. The Harbors (NWSP 02-012)~ 2300 North Federal Highway - Request to construct 54 fee-simple townhouse units on 3.21 acres (Site Plan Approval) ('TABLED) F. Approve the donation of $1,000 to Florida Missing Children from the Law Enforcement Trust Fund G. Authorize payment to Florida East Coast Railway Co. LLC in the amount of $28,394.56 for crossing upgrades at SE 5~ Avenue 4 Agenda Regular City Commission MeeUng Boynton Beach, Florida October :~, 2002 VIII. CZTY MANAGER'S REPORT: A. Review performance of Smith, Ballard & Logan, P.A. as City legislative consultant and either authorize renewal of agreement or authorize staff to accept proposals for similar services FUTURE AGENDA ZTEMS: A. Proposed Resolution No. R02-016 regarding authorizing the use of eminent domain to acquire the public right-of-way necessary to develop the Boynton Beach Boulevard Promenade and Riverwalk - Tabled to November lg, 2002 B. FRA Whistle Ban - Report (lanuary 2003) - Delayed due to federal Railway Administration Delay in Rulemaking C. Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee (TBA) X. DEVELOPMENT PLANS: None XL NEW BUSINESS: None XTT. LEGAL: A. Ordinances - 2~ Reading - PUBI_[C HEARTNG None B. Ordinances - 1~ Reading 1. Proposed Ordinance No. 02-052 Re: Amending the Land Use Element of the Comprehensive Plan for 1.43 acres of land from Low Density Residential to Public & Private Governmental/Institutional (Bethesda Hospital Physician Parking) 2. Proposed Ordinance No. 02-053 Re: Rezoning a 1.43-acre parcel from R-l-AA (Single Family Residential) to PU (Public Usage) (Bethesda Memorial Hospital Physician Parking) 3. Proposed Ordinance No. 02-054 Re: Amending the Quantum Park DP, Z/Master Plan to change the permitted use on lot 89B Agenda Regular City Commission MeeUng Boynton Beach, Florida October 1, 2002 from "Office Industrial" (OI) to "Mixed Use" (MU); Lot 3 from "Industrial" (IND) to "Office Industrial" (OI); and Lot 34-C from "Reserved" to "Open Space/Detention" C. Resolutions: None D. Other: 1. Approve the release of the $18,250, plus applicable interest, to Boynton Industrial Park Associates as per agreement reached at the June 4, 2002 City Commission meeting 2. Motion to authorize settlement of a claim of discrimination at the pre- litigation stage XIII. UNFINISHED BUSINESS: A. Review of Comprehensive Plan Amendment - DCA No. 02-1 - 32.2 Acre Parcel on South Congress Avenue. Discussion by City Commission requested. XIV. ADJOURNMENT: NOTICE 1F A PERSON DECJDES TO APPEAL ANY DEC2SION MADE BY THE CiTY COMMISSION WiTH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUOt PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE 'I~STIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE ~ SHALL FURNISH APPROPPJATE AUX[!.ZARY AIDS AND SERV[CE~ WHERE NECESSARY TO AFFORD AN IND[VIDUAL W~RJ A DISABILITY AN EQUALOPFORTUNI'TYTOPART]CIPATE[NANDEN~OYTHE BENEFiTSOFASERVICE~ PROGRAM, OR ACTIV~Y CONDUCTED BYTHECTF¥. PLEASE CONTACT ]OYCE COSr~LLO, (561) 742-6013 AT ~ TWENTY-FOUR HOURS P~OR TO THE PROGRAM OR ACTzwrY IN ORDER FOR THE CTTY TO REASONABLY ACCOMMODA3~ YOUR P~U Es'r. bg FINAL AGENDA 9/30/2002 6:25 PM S:\CC\WP~CCAG EN DA~AGEN DAS\YEAR 2002~100102 FINAL AGENDA.DOC V.-ANNOUNCEMENTS & PRESENTATIONS CITY OF BOYNTON BEAC Item B.l.a AGENDA ITEM REQUEST F£ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetin~ Dates in to City Clerk's Office [] August 6. 2002 July17. 2002 (5:00p.m.) [] October l. 2002 September l6. 2002 (Noon) [] August 20. 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30. 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans, NATURE OF [] Consent Agenda [] New Business AGENDA ITEM Public Hearing [] Legal - '~ [] Bids [] Unfinished Busifiess [] Announcement [] Presentation i~ [] City Manager's Report RECOMMENDATION: Proclaim the City of Boynton Beach General Election on November 5, 2002 EXPLANATION: In accordance with Section 138 of the City Charter, the Mayor is requir~c~to Cal~: the election by Proclamation. Once read by the Mayor, the Proclamatiqg ~vill published in the Palm Beach Post for two consecutive weeks prior to thg._~Gene~al Election. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: The City of Boynton Beach would be in violation of its Code of Ordinances if wTe: did not issue thisProclamation. ~ ~ Department Head's Signature ~ ~ O-~'~/Manager's Signature Department Name ~ City Atl:orn~ance / Human Resources S:\CC~WP\ELECT/ON\November 2002~Agenda Item Request Form for Reading of Election Proclamation.dot S:\CC\WP\ELECTION\November 2002~Agenda Item Request Form for Reading of Election ProdamaUon.dot PROCLAMATION [, Gerald Broening, Mayor of the City of Boynton Beach, Florida, do hereby proclaim that a General Election will be held in the City of Boynton Beach, Palm Beach County, Florida, on the 5m day of November, 2002 to elect one City Commissioner for District III and one City Commission for District [V to serve a two year term expiring in November 2004. A Special Referendum Election will be held at the same time to vote YES or NO on the following Charter Amendments: Ordinance No. 02-036 ONE YEAR RESIDENCY REQUIREMENT WI-I'HIN Dlb ~ KICT FOR COMMISSION CANDIDATES PRIOR TO FILING FOR Dis I KICT OFFICE An Amendment to City Charter Section 17, Composition, Election, Terms, Vacancies" This Charter does not currently require a candidate for a district commission seat to reside in the district from which he/she seeks election prior to election day. A "yes" vote to the proposed amendment would require that a candidate for a district commission seat reside in the district to which he/she seeks election one year prior to filing for office. Should Section 17 of the Charter be amended as proposed? Yes__ No__ Ordinance No. 02-037 DELI:liNG CHARTER PROVISION THAT REQUIRES MAYOR TO EXECUTE ALL CITY CONTRACTS An Amendment to City Charter Section 21, "Authority to Contract; Execution; Attestation and Seal" A vote of "yes" would approve deleting a portion of Section 2! of the City Charter which now requires that the Mayor sign all City contracts. If the requirement is deleted, all contracts would be signed by the City Manager as the chief executive officer of the City. This amendment would not affect the current charter provision that requires Commission approval of contracts. Should Section 21 of the Charter be amended as proposed? Yes No__ Ordinance No. 02-038 CL RIFIC* ON OF THE Ca M^NAGER'S AUTHOR Y TO APPO .T OR H RE EMPLOYEES. An Amendment to City Charter Section 49, "General Provisions" A vote of"yes" would approve an amendment to the City Charter which clarifies that the City Manager, as chief executive officer of the City has the authority to hire, appoint, and discharge ail City employees, without the need for Commission confirmation. The only exception would be the appointment or discharge of Assistant City Managers, which appointment or discharge shall require Commission confirmation. Should Section 4g of the Charter be amended as proposed? Yes No__ Ordinance No. 02-040 DELETE REQUIREMENT THAT MAYOR BID ON BEHALF OF C1TY AT .IUDIC]AL SALES. An Amendment to City Charter Section 72.3, "Duties, Powers, Privileges of Mayor" The Charter currently requires that the Mayor bid on behalf of the City at judicial sales. A "yes" vote on the proposed amendment would eliminate this requirement that the Mayor bid for the City. Thereafter, the City Manager, the City Attorney, or their designees could bid on behalf of the City at judicial sales. Should Section 54 of the Charter be amended as proposed? Yes__ No__ Ordinance No. 02-042 REMOVE ESTABLISHMENT OF THE POSITION OF PERSONNEL DIRECTOR BY CITY CHARTER An Amendment to City Charter Section 72.3, "Personnel Director" The Charter currently provides that the personnel director is a position appointed by the Commission. The duties of the personnel director which are set forth in the Charter are now primarily handled by the Human Resource Director, a position subject to appointment by the City Manager. A "yes" vote on this proposed amendment would remove obsolete language from the Charter and confirm the authority of the City Manager to appoint a Human Resource Director to oversee the duties formerly assigned to the personnel director. Should Section 72.3 of the Charter be amended as proposed? Yes__ No__ 2 Ordinance No. 02-043 DELETE OBSOLETE OR PREEMPTED PROVISIONS OF CHARTER AND CONSOLIDATE AND REORGANIZE/RENUMBER CHARTER PROVISIONS. The Charter currently contains provisions which are obsolete or which have been preempted by state law, Other sections of the Charter would be more easily understood if amended or consolidated with other sections dealing with the same subject. A "yes" vote to the proposed amendment would delete obsolete provisions and consolidate and renumber other provisions. Should these Sections of the Charter be amended or deleted as proposed? Yes No The voting hours are between 7:00 a.m. and 7:00 p.m. on said date. Polling places are hereby : designated as follows: PRECINCT 3098 FREEDOM SHORES ELEMENTARY SCHOOL 3400 HYPOLUXO ROAD PRECINCT 3100 BOYNTON LAKES CLUBHOUSE 1 WESTMINSTER LANE J PRECINCT 3102 BOYNTON LAKES CLUBHOUSE i WES1-MINSTER LANE PRECINCT 3122 SANTALUCES HIGH SCHOOL 6880 LAWRENCE ROAD PRECINCT 3126 NAUTICA CLUBHOUSE 8000 BERMUDA SOUND WAY PRECINCT 3128 GOLDCOAST FOP LODGE #49 1200 MINER ROAD PRECINCT 3130 BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. PRECINCT 3140 BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. PRECINCT 3148 LEISUREVILLE #1 CLUBHOUSE 1007 OCEAN DRIVE 3 PRECINCT 3150 LAKESIDE CHRISTIAN CHURCH 3560 OLD BOYNTON ROAD PRECINCT 3152 LEISUREVILLE #1 CLUBHOUSE 1007 OCEAN DRIVE PRECINCT 3154 LEISUREVILLE #3 CLUBHOUSE 2001 SW 13TH AVENUE PRECINCT 3160 TARA LAKES CLUBHOUSE 43 TARA LAKES DRIVE EAST PRECINCT 3162 BOYNTON BEACH LEISUREVILLE CLUBHOUSE 1807 SW 18m STREET PRECINCT 3164 GOLFVIEW HARBOUR CLUBHOUSE 2775 SW 14TM STREET PRECINCT 3168 HUNTERS RUN CLUBHOUSE EASTGATE DRIVE PRECINCT 3170 ASCENSION LUTHERAN CHURCH 2929 S SEACREST BLVD PRECINCT 3172 ASCENSION LUTHERAN CHURCH 2929 S SEACREST BLVD PRECINCT 4006 HUNTERS RUN CLUBHOUSE EASTGATE DRIVE PRECINCT 4030 BOYNTON BEACH BOAT CLUB US HWY 1 & NE 21sr AVENUE PRECINCT 4034 STERLING VILLAGE AUDITORIUM 500 S FEDERAL HIGHWAY PRECINCT 4040 CHINESE CHRIST[AN CHAPEL 3314 OLD DIXIE HIGHWAY PRECINCT 7114 EZELL HESTER COMMUNITY CENTER 1901 NORTH SEACREST BLVD. PRECINCT 7116 VILLAGE ROYALE ON THE GREEN 2505 NE 2ND STREET PRECINCT 7120 TEMPLE BETH KODESH 501 NE 26TM AVENUE PRECINCT 7122 BOYNTON BEACH BOAT CLUB US HWY 1 & NE 21sr AVENUE PRECINCT 7124 BOYNTON BEACH CONGREGATIONAL CHURCH 115 NORTH FEDERAL HIGHWAY PRECINCT 7126 BOYNTON BEACH BOAT CLUB US HWY 1 & NE 21sT AVENUE PRECINCT 7128 BOYNTON BEACH CIVIC CENTER 128 E OCEAN AVENUE PRECINCT 7130 BOYNTON BEACH BOAT CLUB US HWY 1 & NE 21sT AVENUE PRECINCT 7132 FIRST UNITED METHODIST CHURCH 101 NORTH SEACREST BLVD. PRECINCT 7134 HIGH POINT CLUBHOUSE III 230 SOUTH BLVD. PRECINCT 7136 ASCENSION LUTHERAN CHURCH 2929 SOUTH SEACREST BLVD, PRECINCT 7138 ASCENSION LIJTHERAN CHURCH 2929 SOUTH SEACREST BLVD, Cl-I'Y OF BOYNTON BEACH GERALD BROENING, MAYOR A1 I .1ANET M. PRAINITO, CMC CITY CLERK (Corporate Seal) imP \\ch\main~hrdata\cc\wp\election~proc2OOO-Sellot ~uest~ons.doc V.-ANNOUNCEMENTS & PRESENTATZONS ~ Item B.l.b WHEREAS, fire kills 3,500 to 4,000 people in the United States each year and 80 to 85% of ail fire deaths occur in the home; and WHEREAS, taking simple safety precautions, such as identifying and removing everyday home fire hazards, can help prevent the majority of home fires and home fire deaths; and WHEREAS, proper installation, testing and maintenance of smoke alarms are part of a system of fire protection; and WHEREAS, developing a home fire escape plan, with two ways out of each room and an outside meeting place, and practicing it twice a year with every member of the household, are critical to escaping a fire safely; and WHEREAS, the nonprofit NFPA (National Fire Protection Association) has been the official sponsor of Fire Prevention Week for 80 years, the 2002 Fire Prevention Week theme, "Team Up for Fire Safety""," motivates children and families to work together to conduct a home hazard hunt, develop and practice a home fire escape plan, and install and test smoke alarms; and WHEREAS, NFPA dedicates "Team Up for Fire Safety" to the hundreds of firefighters who so valiantly gave their lives to save others in 2001, especially on September 11; and WHEREAS, the fire service of Boynton Beach is committed to the safety of life and property from the devastating effects of fire; and WHEREAS, the members of the fire service are joined by other concerned citizens of Boynton Beach, as well as other emergency service providers and safety advocates, businesses, schools, service clubs, and organizations in their fire safety efforts. NOW, THEREFORE, I, Gerry Broening, Mayor of the City of Boynton Beach, do hereby proclaim the week of October 6-12, 2002, as "Fire Prevention Week" This week commemorates the Great Chicago Fire of 1871, which killed more than 250 persons, left 100,000 homeless and destroyed more than 17,400 buildings, and serves as the motivating force to bdng the people of Boynton Beach together to build a safer community. I call upon the people of Boynton Beach to "Team Up for Fire Safety" by participating in fire prevention activities at home, work and school, and taking the steps needed to make their homes and families safe from fire. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seat of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 1s~ day of October, in the Year 2002. Gerald Broening, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:\C~WP\CCAGENDA\Proclamations\Fire Prevention Week - 2002.doc V.-ANNOUNCEHENTS & PRESENTATIONS Item B.I.c CITY OF BOYNTON BEAC! AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned M. eetine Dates in to Ciw Clerk's Office Meetine Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1. 2002 September 16. 2002 (Noon) [] August 20, 2002 Augast 5~ 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] Septernber3~2002 August l9, 2002 (Noon) [] November6,2002 October l4. 2002 (Noon) [] September 17. 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal ~i _-~ [] Bids [] Unfinished Business ~'~ -, [] Announcement [] Presentation __-v [] City Manager's Report t-,~ RECOMMENDATION: ~2 :~ Proclaiming the week of October 7 through October 11, 2002 as National Customer Service Week in the Ci~ of ~ ! ~: Boynton Beach. '~" · · -~. EXPLANATION: ~ As an organization dedicated to serving the public, the City of Boynton Beach fully supports the ideas and practices embodied in the attached proclamation declaring National Customer Service Week. Special events scheduled during this week will remind our customers how important they are to all of us. PROGRAM IMPACT: We, as a City, can positively impact ali of our customers by continually striving to improve our level of Customer Service. FISCAL IMPACT: None ALTERNATIVES: Dep'a~tment Head's Signature ~/5,ff,~. City Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Peter Mazzella (w/attachment) Tony Penn File S:\BULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC An entity built on customer service understands and anticipates the customers' needs, it designs goods and services to meet those needs and builds products that perform to customers' expectations. The City of Boynton Beach strives to deliver services to its citizen customers in such a manner, with an emphasis on quality and innovation. The City endeavors to be responsive, cooperative, and culturally and environmentally sensitive to its citizen customer, while embracing the highest standards of integrity and accountability to those it serves. The U.S. Congress proclaimed National Customer Service Week a national event in 1992 to create a positive message that lasts all year long and to provide a productive opportunity to generate an even stronger ongoing commitment to customer service excellence. National Customer Service Week provides the City of Boynton Beach and area businesses the opportunity to recognize and thank the employees who dedicate themselves to customer satisfaction and to recognize and thank the customers who are the reason for their existence. This celebration also offers the public the opportunity to recognize and thank those customer service professionals who serve them. The theme of this year's National Customer Service Week is "Jazzed About Customers." With responsive policies and procedures and with simple courtesy, customer service professionals can go a long way in ensuring customer satisfaction. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, do hereby proclaim October 7-11,2002, as "National Customer Service Week" in Boynton Beach, Florida, and urge all citizens to observe this week with appropriate programs and activities. In witness whereof, I have set hereunto my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 1st day of October in the Year 2002. Gerald Broening, Mayor City of Boynton Beach A'r'i'EST: City Clerk (Corporate Seal) S:\CC~WPXCCAGENDA'xProclamationsXCustomcr Service Week - 2002.d~ VII.-CONSENT AGENDA ITEM B.1 O CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August6,2002 July17, 2002 (5:00pm.) [] October l, 2002 September l6, 2002 (Noon) [] August 20. 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 am.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business ' AGENDA ITEM [] Public Hearing [] Legal : ~ [] Bids [] Unf'mished Business ~ _ [] Announcement [] Presentation ' [] City Manager's Report - ' RECOMMENDATION: A motion to extend the "ANNUAL SUPPLY OF REMOTE TOUCHREAD~MET~R SYSTEM" Bid#069-2821-01/CJD, to INVENSYS METER SYSTEMS (formerly known as Sensus Technolo~{s, Inc.) for an additional five (5) years for an estimated annual expenditure of: 1,000,000.00. CONTRACT PERIOD: AUGUST 15, 2002 TO AUGUST 14, 2007 NEW BID#060-2821-02/CJD EXPLANATION: We have been piggy-backing the bid with Seacoast Utilities (Palm Beach Gardens) for hand held meters. At the Commission meeting of June 19, 2001, this bid was extended to Invensys Meter Systems of Pittsburgh, PA. For the past five (5) years this company has provided us with this service in a satisfactory manner. According to the Terms and Conditions of this bid, we have the option to renew this bid and extend prices for an additional five ($) years as this is a (5) year contract provided all parties agree. See attached memo from Bob Kenyon, Deputy Director of Utilities. PROGRAM IMPACT: The purpose of this bid is to establish an annual fixed price for the purchase of Remote- Touch read radio read meters used by the Utilities Department for new installations and as part of the improvements included in our water main replacement programs. FISCAL IMPACT: 405-5000-590-96.0~. CIP WATER 405-5000-590-96.02 R & R WATER 401-2810-536-52.30 WATER METER SUPPLIES 401-2810-536-63.12 WATER METERS ESTIMATED ANNUAL EXPENDITURE $1,000,000.00 ~ Deputy Director of Financial Services/ City Manager's Signature Procurement Services ~ ~. Department Name City Attorney / Finance / Human Resources S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM DOC MEMORANDUM Utilities #02-135 SEP 17 TO: Bill Atkins, ~OCUREI~ENT__/r~ SERVICES Procurement Services -- FROM: Bob Kenyoni'~ Deputy Utilities Director DATE: September 16, 2002 SUBJECT: Water Meters and Appurtenances In 1997 the City Commission approved piggybacking the Seacoast Utilities (Palm Beach Gardens) bid for water meters and accessories. The bid was for five years and we have renewed Commission approval and expenditures on an annual basis. The utility system has over 31,579 water meters and is growing by approximately 500-700 accounts per year. Good practices include meter replacement after ten years of service. Therefore, approximately 3,000 meters are changed per year. As we change the meters we also upgrade the installation to radio read units. This reduces the need for additional personnel, vehicles, and increases accuracy of the read. Of the 31,579 meters, about 9,866 are radio read, 12,000 touch read or scanned, and approximately 9,700 manually read meters remain. Our annual expenditure for meters is approximately $1,000,000 and this is divided between the Renewal and Replacement account, water main replacement projects, and new installations. The bid is with Invensys and they have successfully performed and delivered equipment to us for several years. Please present this request to the Commission extending our approval of the bid with Invensys Metering Systems for an estimated expenditure of approximately $1,000,000 per year. Funds are available for this purchase in accounts #405-5000-590-96.02 WTR060 (meter replacement program), 405-5000-590-96.02 (various water main project replacement), 401-2810-536-52.30 (meters operating budget), and 401-2810-536-63.12. If additional information is needed, please contact me at ext. 6402 or Les Sarkkinen at ext. 6476. /gb xc: Les Sarkkinen Dora Formanek Barb Conboy MAr 10 '-~2 I2:]? MR I~VEN~S-METERIMG ?~_ 447 L391 TO 1561742~0~6 NOV 2 November 1S. 2000 ~ nvensys The Seacoast Utility Authority 4200 Ho~ Road Meterin~ Palm eeach Gardens. FL 33410 Attention: Mr. Wilbe~ Stewart SubJe~: Bid ~tenslon Offer Bid Number ~7-17~W Dea~ Mr. Stewart: Inven~ Meterin& 5~tems is pteaseO to offer this extension of Bid Number ~7-17~W. With your ~cept~ce ~ pr~ and t~s ~a ~ ~ ~ A~ 24. ~' Should you have ~y fu~er questio~ conce~in8 this matter, please contact Mr. Fred Russell Resio~l 5ales Maria&er at 770~7~313. If you are in a[reement with this extension, ~ease in,cate your Kceptance by si~nin~ below and return this a&reement to me by mait or fax ~2~3. Thank Fou ~ your business and ~ look fo~a~ to sevin& ~u in the future. Sincerer. In Acceptance: Yes ~ ~nvens~ Meterin& S~tems Formerly Sensus Technolo&i~. Inc. No Authorized Representative- .~'~ ~,~,~, Ma~Ann,lunk The Seacoast QtilJ~ Auth., Bid a~ Quote System Administrator re: Mr. ~r~d. L Mr. Greg Pana,uk M~erins Ci~ ~ Be~n P. O. a~ D~r Dominic: We am a~achlng the s~n~ ~~ ~ ;n ~ ~gh ~ 24, 2~7, We appmda~ ~ur buei~aa, eu~omer ~. INVENSY8 M~ERINQ Fred L. ~l ~ R~lo~l Manager F~ scN_ us 6621 gay C~rcie Suite 160 Norcross. GA 30071 June ~1, 1997 ~U~ 1 ~ 199/ BOYN'~ON B~ACH Mr. Robe~ L. Kenyon UTILITIES Deputy Utility Director City of Boynton Beach 5469 West Boynton Beach Blvd. Boynton Beach, FL 33437 SUBJECT: REMOTE METER PRICING ( TOUCHREAD PIT/LID ) Dear Mr. Kenyon, Sensus Technologies, Inc., is pleased to offer the City of Boynton Beach the opportunity to purchase the above referenced meters from the Seacoast Utility Authority contract Bid Number 97-174-W. The contract pricing will remain firm for five (5) years, and will give your Utility the opportunity to exact a meter change-out program without the worry of cost increases. To obtain an official copy of the meter contract, please contact Seacoast Utility Authority at 561-627-2900. For your review, I am listing 5/8" - 2" pricing below: DESCEIE]3QN C_OS~' ,~,J/AGJE~ALL~ ~ 5/8" x 314" SR TPJPL METER LESS CONNECTIONS $ 80.31 $ 3.00 $ 77.31 1" SR TPJPL METER LESS CONNECTIONS $121.05 $ 6.00 $115.05 1 ¼" SR TPJPL METER LESS CONNECTIONS $ 248.41 $12.00 $ 236.41 2" SR TPJPL METER LESS CONNECTIONS $ 322.21 $ 20.00 $ 302.21 If you choose to use our Model SR II meters on the 5/8" - 1" size meters, you will be eligible to purchase the 5/8" meter for $ 78.21 ea., and the 1" for $117.80 ea. Ir Robert L. Kenyon C~ty of Boynton Beach Page Two All of the above meters can be easily converted to RadioRead for future reading. Meter Transceiver Units ( MXU ) are $135.00 each and are capable of reading two meters without and modifications to the unit. I am enclosing descriptive information on the Sensus products quoted, and I will be available at your request to answer any questions that may arise. Including leasing of the reading equipment and radio transmitter units. Please contact me at (770) 447-4750. We. at Sensus Technologies, Inc., look forward to providing the City of Boynton Beach with quality water measurement equipment and superior customer service. Sincerely, SENSUS TECHNOLOGIES, INC. David A. Nimtz Manager, Technical Sales Southern Marketing Region cc: Territory Manager file ' SCNSUS :nato reading gnd billing errors. TouchRe ~,: ? ' "Reduce employee iniur¥ claims ]sst: F4,,, ~, ' ,' .,.,r:q mad w~th a TouchGun ;t :ISLJS . j .:.. [:,',r, :;, . Conduct surveys or 'flag"roule ~,,-:'~," problems ' ,:~:,. :.~, Sensus Equipment Maintenance ..... . Program · AvailalilewdbMull~ReadPort ' ' '"' ' TouchRead'~ Meter Reading and Billing System Th~ TouchReau ,%y~!nrn; '' "Tas effi- cient and dependable rl~lt!t~ ,,I.~g !II a vanetyolconddinns Inln, , m 1984, d was the first patenled ml!l~ ~,hng remote syslem to use transtOm~~: "" q technoF ogy eliminating the need'~ .,.mi o-mea pJuO-m pm connechons ;: :, ,labieln versions for readng Sens, , ,'.er [eg~s- lers via remote TouchP~ ,: ers sel msidebuiJdings - and: ,.,nted vaults Visual readings h, :~stem ' meters can be manually ,: ' a the Solid ' '~e reading State Interrogator keypad route ~s finished the dat~ .dically ~ LJsed to iransierred to a PC wneu' generate managemed ~L' [ cus- tomer bdls, and h(; ~:x,. :: ,,~ainframe TouchRead PitUd Reg]sh , .. ~ and equlpmenl amd a?,er S,;nsus AMR Systems. reading modules are COT?:' 'sty sealed unds. swing you max~m~, ' ~ty ,n underground meter pils a < where flooding may be a proble' The TouchRead SysW,' can help you... · Improve salety recorn$ eased OSHA saidy reguJat~c ~king d . 'o( hay- more cos~y to ruled" mg to enter , meter sites o" taking ' orator afl standards !or ,,~o? s- · idies TouchRead S',s',em ;: money in boll1 labor a~,.' - · Maximize speed and ?6,ency. E[imina[es probems c,~: ~ ~[er reader lock-outs whe~l no One ' ~ or pump- ,,n read- ~l~g out flooded meter [', ' H~dS It takes ess ,ban :, :s to accu- ' ~[er readers ratdv read each ruder SUA-WATER~Cold Water Meters Contract SEACOAST UTILITY AUTHORITY REQUEST FOR BIDS (RFB) NUMBER: 97-174-W ISSUE DATE: April 10, 1997 TITLE: COLD WATER METERS PURPOSE: Obtain firm prices and to establish an annual price agreement for the purchase of cold water meters. Direct Technical Inquiries to: Inquiry Period: Manager: Wilbert Stewart From: April 10, 1997 Dept: Water 'To: April 23, 1997 Telephone No. (561) 627-2900 ext 308 Monday through Friday Fax No. (561) 624-2839 8:30 A.M. - 4:30 P.M. - .- BID OPENING: THURSDAY, APRIL 24, 1997 Bids Must be Submitted to the Following Address: ., . . . · · ·~ Ct4 Purchasing Depa~l.,ent ~O'~ 4200 Hood Road Palm Beach Gardens, Florida 33410 This RFB is Comprised of 5 Parts: Attachments: Part I Conditions of Bid 1. Questionnaire Part 2 Questionnaire ~.. Current Insurance Certificate Part 3 Conditions of the Work and Contract 3. Proof of Authorization Part 4 Specific Requirements Part 5 Bid Proposal RFB:wk1-970108ad INVITATION TO BID Sealed Bids, in duplicate, for Cold Water Meters will be received by the Seacoast Utility Authority in the Purchasing Office located at 4200 Hood Road, Palm Beach Gardens, Florida 33410 until 2:00 p.m. Local Time, Thursday, April 24, 1997 at which time all bids will be pubhcly opened and read. Any bid received after the time and date specified above will be returned unopened. Invitations to bid and specifications are on file with the Purchasing Office and available for inspection, and copies thereof may be obtained upon application to said office or by calling 407-627-2900 extension 404. All bids shall be in sealed envelopes addressed to Purchasing Agent, Seacoast Utility Authority, 4200 Hood Road, Palm Beach Gardens, Florida 33410 and plainly marked on the outside. BID NO: 97-174-W BID ITEM: COLD WATER METERS If mailed, Bid must be in second sealed envelope. Seacoast Utility Authority reserves the right to reject any and all bids with or without cause, to waive technical errors and informalities, or to accept a bid which in its judgment will best serve the public interest. Seacoast Utility Authority /s/Mary Ann Stiles Clerk PUB: The Palm Beach Post Times April 10 and 17, 1997 April 10, 1997 INVITATION TO BID 1. Seacoast Utility Authority (herein after referred to as SUA), will receive sealed bids for Cold Water Meters until 2:00 pm, Local Time, Thursday, April 24, 1997. 2. All bids shall be in a sealed envelope and marked on the exterior "BID NO. 97-174-W COLD WATER METERS" and addressed to: Randy Kellar Purchasing Agent Seacoast Utility Authority 4200 Hood Road Palm Beach Gardens, Florida 33410 If mailed, Bids must be in a second sealed envelope 3. Bidders may direct questions concerning this bid to Wilbert Stewart, Manager, Water Department at the above address, telephone Number 561-627-2900 extension 308. 4. SUA reserves the right to reject all bids, and to readvertise the bids. The bid of the lowest responsible bidder will be accepted. The lowest responsible bidder shall mean that bidder who makes a bid to sell goods and services of quality which conforms closest to the quality of services set forth in the attached specifications, and who is known to be fit and capable to perform the bid as made. BID NO: 97-174-W CONDITIONS OF BID 1. Purpose. The purpose of this Bid is to establish a Contract for purchasing cold water meters for a period of Five (5) years. 2. Bid Information. a. The bids will be publicly opened in the Purchasing Office, 4200 Hood Road, Palm Beach Gardens, Florida, in the presence of purchasing officials at the stated time and date. b. All bidders or their representatives are invited to be present. c. Any bids received after the time and date specified will not be considered. Any failure on the part of a Bidder to comply with the specifications, terms and conditions of the Bid shall be valid reason for rejection of the Bid. d. Any Bid may be withdrawn up until the time set for opening of the bids. Any Bid not so withdrawn shall, upon opening, constitute an irrevocable offer to sell to SUA the described goods or services until one or more of the bids has been duly accepted by SUA. Action on bids normally will be taken within 45 days of opening. However, no guarantee or representation is made herein as to the time between the Bid opening and subsequent action by SUA. e. All bids will be governed by the terms of the "Conditions to Bid". The documents listed in the Table of Contents will comprise the terms of the bid. f. SUA reserves the right to reject all bids, with or without cause, to waive any irregularity in bids received, to accept any item or group of items unless qualified by the bidder, to acquire additional quantities at prices quoted in the bid unless additional quantities are not acceptable, in which case the bid sheets must be noted "BID IS FOR SPECIFIC QUANTITY ONLY" and to readvertise the bid. The bid of the lowest responsible bidder will be accepted. The lowest responsible bidder shall mean that bidder who makes a bid to sell goods and services of quality which conforms closest to the quality of services set forth in the attached specifications, and who is known to be fit and capable to perform the bid as made. g. IF ANY BIDDER VIOLATES OR IS A PARTY TO A VIOLATION OF THE CODE OF ETHICS OF THE STATE OF FLORIDA WITH RESPECT TO THIS BID, SUCH BIDDER MAY BE DISQUALIFIED FROM FURNISHING THE PRODUCTS FOR WHICH THE BID IS SUBMITTED AND SHALL BE FURTHER DISQUALIFIED FROM BIDDING ON ANY FUTURE BIDS FOR WORK OR PRODUCTS FOR SUA. 3. Competens¥ of Bidders. a. Bids will be considered only from firms which are regularly engaged in the business of providing the described goods and/or services; which can produce evidence that they have established a satisfactory record of performance for a reasonable period of time; and which have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a Contract under the terms and conditions herein stated. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by appropriate SUA personnel. A-1 b. No proposal will be accepted from, nor will any Contract be awarded to, any person or firm which is in default on any obligation to SUA or who has failed to perform faithfully any pervious contract with SUA. A person or al'filiate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or a public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 4. Award of Bid. a. Award of Bid shall be made on the basis of the lowest total bid of the responsible bidder meeting specifications in the best interest of SUA. Tie bids shall be decided by the Purchasing Agent. The Bid may be awarded in whole or in parts, whichever is deemed to be in the best interests of SUA. b. SUA reserves the right, before awarding the Contract, to require a Bidder to submit such evidence of his qualifications as it may deem necessary and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with local utilities. 5. Reiection of Irregular Proposals. Bids which contain any alteration, addition, condition, limitation, unauthorized alternates or which show irregularities of any kind may be rejected by SUA as non-responsive or irregular. SUA reserves the right to waive any irregularities, technicalities or informalities in any bid and to reject any or all bids. 6. Contract. a. The submission of the Bid will be deemed an offer by the Bidder. The Contract will be deemed awarded and validly entered into between the Bidder and SUA when SUA provides to the Bidder either written notice of acceptance for services or a purchase order for goods. b. The Contract shall be comprised of the documents listed in the Table of Contents to the Invitation to Bid and ail attachments thereto. These documents shall constitute the entire agreement between the Bidder and SUA. The Contract will bind SUA and the Bidder and their partners, successors, assigns and legal representatives. c. The Bidder agrees to comply with its covenants and the specifications for the services or goods as expressed in the Contract. d. In case of any default by the Bidder, SUA may take such action as it deems appropriate, including, without limitation, an action for damages or specific performance. e. The price is firm for the Contract period. The Bidder acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the Contract requirements. A-2 7. Deliver~ of Goods. The provisions of this paragraph apply to Bids for the provision of goods, materials, supplies, equipment and similar items. a. Quote "firm net prices", after deduction of any trade or similar discounts. Give both unit price and extended total. Prices must be stated in units of quantity specified in bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price quoted will govern. All prices F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). State discounts for prompt payment. Each item must be bid separately and no attampt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). If a bidder otters a discount, it is understood that a minimum of 30 days will be required for payment, and the discount time will be computed from the date of satisfactory delivery at place of acceptance and receipt of correct invoice at the office specified. b. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. c. Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. d. Unless actual date of delivery is specified, show number of days required to make delivery after receipt of purchase order in space provided. Delivery time may become a basis for making an award (see special conditions). Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. e. Use of a brand .~r,e, trade ,Ame, make, model, manufacturer or vendor catalog number in specifications is for the purpose of setablishing a grade or quality of material only. It is not SUA's intent to rule out competition. Accordingly, the phrase OR ACCEPTABLE EQUAL is added. However, ifa product other than the specified is bid, it is the vendor's responsibility to submit with the bid brochures, samples and/or detailed specifications on items bid. SUA shall be the sole judge concerning the merits of bids submitted. Bidders shall indicate on the bid form the manufacturer's .Ame and number if bidding other than the specified brands, and shall indicate any deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail compliance with specifications. f. The items offered must be new (current production model at the time of the bid) and be equal to or exceed specifications. The manufacturer's standard guarantee shall apply. During the guarantee period, the Bidder must repair and/or replace the item without cost to SUA with the understanding that all replacements shall carry the same guarantee as the original equipment. The Bidder shall make any such repairs and/or replacements immediately upon receivi~4~ notice from SUA. g. Samples of items, when required, must be furnished free of expense and, if not destroyed, will upon request be returned at the Bidder's expanse. Request for the return of samples must be indicated on the Bid. Each individual sample must be labelled with the Bidder's ,~Ame, Bid number and item number. Failure of a Bidder either to deliver required samples or clearly to identify samples as indicated may be reason for rejection of the Bid. A-3 h. When required, SUA may request full demonstrations of any item(s) bid prior to the award of any Bid. i. Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or an independent laboratory. Bidders shall assume full responsibility for payment of any and all charges for testing and analysis of any materials offered or delivered that do not conform to the minimum required specifications. Bidders' disposition of all items delivered in this category must be at no expense to SUA. 8. Insurance. Unless expressly waived by SUA, the Bidder must have one or more current Certificates of Insurance demonstrating the required insurance coverage placed on file in the Purchasing Office before Work commences, and must maintain such certificates during the progress of the Work. 9. Bidder's Representations. In submitting the Bid, the Bidder will be deemed to represent that: a. The Bidder has examined copies of Invitation to Bid and all the documents listed in the Table of Contents. b. The Bidder has examined the site and locality where the Work is to be performed, the legal requirements (Federal, State and Local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as the Bidder deems necessary. c. The Bidder has not divulged, discussed or compared its bid with other bidders and has not colluded with any other bidder or parties to a bid. 10. Bond. The Bidder may be required to obtain a fidelity bond in an amount and issued by a surety company satisfactory to SUA, as may be set forth in Supplemental Conditions of Bid. 11. Assignment. The Bidder may not assign its Bid, the Contract or any money due or to become due to it under the Contract without the prior written consent of SUA. A-4 QUESTIONNAIRE SHEET The undersigned guarantees the truth and accuracy of ail statements and answers herein contained. Incomplete, inadequate or false questionnaire sheets may be cause for Bid rejection. 1. How many years has your organization been in business providing the services or materials which are the subject of the bid? 2. State the true, exact, correct and complete name of the partnership, corporation, or trade name under which you do business, and the address of the place of business. (If, a corporation, state the name of the President and Secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name.) It is absolutely necessary that this information be furnished. a. The correct name of BIDDER is b. The business is a c. The address or principal place of business is: d. The names of the corporate officers, or partners, or individuals doing business under a trade name are as follows: Name Title Name Title Name Title Name Title BIDDER CONDITIONS OF THE WORK AND CONTRACT 1. Work. The Work is described in the Conditions of Bid, these Conditions of the Work and Contract and in the attached "Specific Requirements". All Work is to be performed in accordance with good judgment, accepted industry standards and these documents. 2. Materials. Except as otherwise specifically provided in the Specific Requirements, all equipment, materials and articles incorporated in the Work covered by the Contract are to be new and of the most suitable grade for the purpose intended. Further and unless otherwise specifically provided in the Specific Requirements, reference to any equipment, material, article or patented process, by trade name, make or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. 3. Termination, Renewal. a. SUA may, by written notice to the Contractor, terminate the Contract if the Contractor has failed to perform the Work in a manner satisfactory to SUA. The date of termination shall be stated in the notice. SUA shall be the sole judge of non- performance. SUA will not thereby be deemed to have waived any other rights or remedies available to it. b. If the principal position of the Work consists of the provision of services, SUA may cancel the Contract upon 30 days' written notice for reasons other than cause. c. The term of the Contract is set forth in the Conditions of Bid. The Contract may be extended for an additional, equivalent period by the mutual, written consent of the Contractor and SUA. 4. Insurance. a. The Contractor shall maintain at its sole expense the following insurance coverages and terms while it has personnel performing any Work: i. For the Contractor as well as for any subcontractor engaged by it, workers' compensation insurance in compliance with all laws for all persons performing any Work. If any laborer, materialman or other employee is to be engaged in h~dous work under this Contract and is not protected under the Workers' Compensation Statute, the Contractor shall provide, and shall cause each subcontractor to provide, Workers' Compensation coverage judged adequate by SUA and meeting state and federal statutory requirements for the protection of such people. ii. Comprehensive general liability insurance and vehicle liability insurance, together with a broad form comprehensive general liability endorsement, coverning any and all claims for injuries to persons performing any of the Work, in an ~unount of not less than $250,000 for injury to one person in one accident, occurrence or casualty and not less than $500,000 for ir~uries to more than one person in one accident, occurrence or casualty. C-1 iii. Property damage insurance in the amount of not less than $500,000 per occurrence. iv. Umbrella liability insurance of no less than $1,000,000. b. No required insurance may be canceled by the issuing company without having provided written notice to SUA 30 days prior to cancellation, and this notice requirement shall be set forth in each certificate of insurance. c. All insurance contracts and certificates of insurance shall be either executed or countersigned by a licensed resident agent of the insurance or surety company having his place of business in the State of Florida. The insurance or surety company shall be duly licensed and qualified to do business in the State of Florida. 5. Indemnification. The Contractor hereby agrees to indemnify, and hold harmless SUA (and its directors, employees, agents and independent contractors) from and against all claims, damages, losses and expenses, direct, indirect or consequential (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any subcontractor, any person or organization directly or indirectly employed by it or them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by law and regulations regardless of the negligence of any such party. CONTRACTOR acknowledges that one (1%) percent of the Contract Price represents specific consideration to CONTRACTOR for the indemnifications set forth above and elsewhere in the Contract. 6. Copyrights and Patent Rights. the Contractor covenants and warrants that there will be no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this Contract and further agrees to hold SUA harmless from any and all liability, loss or expense occasioned by any such violation. 7. Occupational Health and Safety. Any Contractor delivering any 'toxic substance" (as defined in Florida Stature 442.102(21) shall furnish to SUA a "Material Safety Data Sheet" (MSDS) with its initial shipment. The MSDS shall be revised on a timely basis as appropriate and must include the following information: a. The chemical name and the common name of the toxic substance, b. The hazards or other risks in the use of the toxic substance, including (i) the potential for fire, explosion, corrosivity and reactivity; (ii) the known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized az being aggravated by exposure to the toxic substance; and (iii) the primary roots of entry and symptoms of overexposure, c. The proper precautions, handling, practices, necessary personal protective equipment and other safety precautions in the use of or exposure to the toxic substances including appropriate emergency treatment in case of oral exposure. C-2 d. The emergency procedure for spills, fire, disposal and first aid, e. 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, and £ The year and month, if available, that the information was compiled and the name, address and emergency telephone number of the manufacturer responsible for preparing the information. Any questions regarding this requirement should be directed to: Department of Labor and Employment Security, Bureau of Industrial Safety and Health, Toxic Waste Information Center, 2551 Executive Center Circle West, Tallahassee, Florida 32301-5014, Telephone: 1-800-367-4378. 8. Disputes. In case of any doubt or difference of opinion as to the service or items to be furnished hereunder, the decision of SUA shall be final and binding on both parties. 9. Liability. Where the Contractor is required to enter or go upon SUA property to perform Work (including delivering goods, materials, supplies, equipment and similar items), the Contractor will be liable for any damages or loss to SUA occasioned by negligence of the Contractor, or its agents, or any person the Contractor has designated in the completion of the Work. 10. Law. The documents listed in the Table of Contents to the Invitation to Bid, and all documents attached to or incorporated therein, constitute the entire agreement between SUA and the Contractor concerning the Work. The Contract shall be governed by and interpreted in accordance with the laws of the State of Florida regardless of the location of the execution of the Contract and notwithstanding any conflict of law questions to the contrary. Venue for any action on the Contract shall lie only in the Circuit Court of Palm Beach County, Florida. It is and shall be understood and agreed that SUA may act only through the Authority Beard. The Contractor may not rely on any representations by SUA other than as approved by official action of SUA's Board. 11. Payment. Terms of payment are set forth in the Specific Requirements. 12. Safety. The Contractor shall comply with all applicable safety regn]ations (OSHA, etc.) during the performance of the Work. The Contractor shall provide necessary safety training for its employees and shall verify that all equipment utilized complies with applicable safety regulations. 13. Licenses. Before commencing the Work, the Contractor shall obtain all licenses, permits, insurance and etc. required to perform the Work, including, without limitation, an occupational license from the municipality or county where the Work is being performed. 14. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or a public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. SPECIFIC REQUIREMENTS COLD WATER METERS I. SCOPE A. The sole purpose and intent of this Invitation for Bid is to obtain firm prices and to establish an annual price agreement for the purchase of cold water meters, as requested by Owner. B. The term of this price agreement shall be for Five (5) years fxom the award date and shall also contain one renewal option of 5 years. II. GENERAL A. Prices are requested on the following type meters: 1. Magnetic drive, sealed register, positive displacement type in sizes 5/8"x 3/4", 1", 1-1/2" and 2" that comply with the latest edition of AWWA Standard C700-95. 2. Single register, high performance, magnetic drive, compound type in sizes 2", 3", 4" & 6" that comply with the latest edition of AWWA Standard C702-92. B. In addition, Bidders shall also provide the following: 1. Salvage value and guaranteed cost of repair for each meter listed on bid proposal page. 2. For Positive Displacement Meters: a. Cost of meter with remote encoder register as an add-on for complete meter. b. Cost of remote encoder register only as a retrofit. c. Meter maintenance plan stating terms and conditions of warranty. This plan must be the standard program offered by the manufacturer to all utilities on a routine basis. 3. For Compound Meters: a. Cost of remote encoder register (with cable) as an add-on for the complete meter. D-1 b. Cost of remote encoder register only to retrofit. c. Cost of companion flanges as an accessory. d. Price schedule of factory maintenance program for the complete meter. C. All meters shall have permanently hermetically sealed registers. The positive displacement meters shall be of the oscillating piston type. D. Meters offered and supplied shall be new, unused, current production meters, with bronze meter cases, regular housings and cast, not stamped, meter bodies. E. Each meter to be supplied with manufacturer's certified accuracy test. III. REGISTERS & GEAR TRAINS FOR ALL METERS A. All standard and encoder registers shall be magnetically driven and be completely and permanently hermetically sealed at the factory. Sealing to be such that it renders the register impervious to atmospheric pressure changes and prevents, without the need of condensation preventive capsules or devices, moisture within the register's chamber. B. All standard and encoder registers shall be of the straight reading in U.S. gallon type and shall be equipped with a full (360°) sweep test hand. C. The register shall be equipped with a low flow indicator that is independent fxom the standard sweep hand. D. Registers equipped with change gears for calibration purposes shall be supplied with only one (1) standard gear combination in order to allow register exchanges in the future without affecting the meter's accuracy. E. For positive displacement type meters, all intermediate gears associated with the register drive shall be contained within the hermetically sealed register. For compound meters, all intermediate gears associated with the register drive shall be isolated so as not to be exposed to the water stream. F. The encoder register and remote must conform to AWWA Standard C707- 82. G. The encoder register shall have three (3) terminal connections and have meter pit set capability. The connection between the meter register and the remote pit lid module shall be accomplished with the use of all 3 terminal D-2 connections by using 3-conductor cable. This will permit the register to be converted to automatic meter reading (AMR) in the future. The register shall transmit the meter reading and register identification number directory to the interrogation device when interrogated through the pit lid module. To ensure a reliable interrogation system in the high moisture environment of a meter pit or vault, the pit lid mounted module shall be housed in a separate enclosure with factory sealed connections consisting of an environmentally approved epoxy at both the pit lid module and register terminal connections. The epoxy shall be vendor provided to prevent moisture penetration and eliminate the need for field sealing requirements. Registers for meter pit set environments shall be housed in a dry, hermetically sealed enclosure with a moisture barrier film. Oil filled registers are not acceptable. Register output data format for AMR shall be 7 bit ASCII (American Standard Code for Information Interchange) digital, plus an even parity bit. The first character is ASCII "R" followed by 4 digit, or 6 digit meter reading, followed by an 8 digit meter ID number. The register identification number is to be factory set and non programmable so as to protect the integrity of the system by eliminating possible programming duplication of the identification number in the field. The 4 digit or 6 digit meter reading is to be interrogated from the register by direct contact of the register's odometer wheels to a circuit board encoding the meter reading. Data is to be positively true. The register's ASCII digital output is to be capable of interfacing directly to an AMR transponder to transmit data via cable TV, telephone, radio signal or power lines to an AMR system without needing additional programming. The pit lid module shall be of a sturdy and tamper proof construction. The module shall allow for ease of installation on any pit lid (plastic, cast iron or concrete) by cutting on appropriately placed 1-3/4" hole in the lid. The entire pit lid module shall be constructed of a suitable synthetic polymer for long service life under normal operating conditions and be suitable for installation in vehicle traffic areas. The module shall be compatible with the touchprobe of either the Solid State Interrogator of visual reader and be capable of reading when placed in any position on the touchpad (i.e. without special alignment). The meter shall be capable of being interrogated through the touchpad when the touchpad is submerged in water or covered with up to 3/16" of debris. IV POSITIVE DISPLACEMENT METERS - For Potable Water Use (Lot #1) A. Cases: D-3 1. All meters shall have a non-corrosive bronze outer case of the solid or split case design that meets all AWWA Standards. a. The split case design shall be connected together with a minimum of four (4) stainless steel or bronze bolts. (No other type connection will be accepted). 2. All meters shall have cast on them, in raised characters, the s~ze of the meter and direction of flow through the meter. 3. Ail maincases shall be guaranteed against defects in materials and workmanship for twenty five (25) years from date of manufacture. 4. The 5/8" x 3/4" and 1" meters shall have bronze case bottoms while the 1-1/2" and 2" meters shall have bronze lower and upper shell assemblies. B. Registers: 1. Any standard or encoder register shall be secured to the maincase by means of a locking device located in the interior of the meter so that the register cannot be removed externally. 2. For visual reading, the standard and encoder register's odometer shells shall be clear and distinct in contrasting colors, located at the bottom of the register dial face with reading obtained left to right. Standard registers shall be guaranteed against defects in materials and workmanship for twenty five (25) years from date of manufacture; encoder registers for a period of ten (I0) years. 3. All register covers shall be constructed of bronze with serial number stamped on the lid and the maincase in such a manner that they can be easily read when viewed from the top of the meter. 4. Register covers shall be hinged with a durable stainless steel pin. C. Measuring Chamber: 1. The measuring chamber shall be constructed of a corrosion resistant thermoplastic material and shall not be cast as part of the maincase. The measuring chamber shall be of the oscillating piston type. 2. All piston assemblies shall be interchangeable in all measuring chamber assemblies of the same size. D-4 3. Measuring chamber division plate must be replaceable for ease of maintenance and restore accuracy to the measuring chamber. The chamber's bottom plate shall be held in place without the use of fasteners. All measuring chambers shall have a replaceable control roller. 4. Ail metering chambers supplied with the meters, including future replacement chambers, shall be pretested at the factory to ensure complete compatibility with the meters equipped with standard gear ratios. D. Ail meters shall be provided with a corrosion resistant strainer. Strainer shall be easily removed fi.om the meter without the meter itself being disconnected fi.om the pipeline. E. The 1-1/2" and 2" size meters shall have flanged ends. F. All meters shall conform to current AWWA test flow and accuracy standards. G. Meters shall operate up to a working pressure of 150 psi without leakage or damage to any parts. Meter accuracy shall not be affected by possible distortion when operating at this pressure. H. Meter Accuracy standards: 1. Meters shall perform to AWWA repaired meter accuracy standards for fifteen (15) years from date of shipment or the following registration: a. 5/8" - 1,500,000 gallons b. 3/4" - 2,250,000 gallons c. 1" - 3,000,000 gallons 2. All meters that do not perform as guaranteed shall be replaced or repaired by the manufacturer fi.ce of charge. V. COMPOUND METERS - For Potable Water Use (Lot #2) A. Type: 1. Meters offered shall be of the single register, high performance, flanged end, compound type which totalize the output fi.om two (2) interacting measuring chambers totally contained within a single meter D-5 body (maincase). a. One chamber shall be of turbine type for measuring high flows. The other shall be a bypass (positive displacement) measuring chamber of the oscillating piston type for measuring low flows. b. An automatic weighted valve mechanism shall direct the flows through the chambers so as to have them function within their normal designated limits. 2. Size of meter shall be determined by the nominal size of the opening of the inlet and outlet flanges of the meter and as specified per AWWA Standard C702-92 or most recently revised. 3. Maximum overall length of the unit shall be the face-to-face dimension shown below: Meter Size Length 2" 15 1/4" 3" iT' 4" 20" 6" 24" B. Maincase: 1. Maincase for all sizes shall be bronze and so constructed as to contain both the displacement and turbine measuring chambers as separate units. a. Both measuring chambers shall be accessible by removal of a single upper shell assembly. b. Access to measuring chambers shall be obtainable without disturbing them in case as set in the pipeline. 2. Maincase shall be fitted with drain plugs on both the upstream and downstream side of the valve mechanism. 3. An adequate size test plug shall be accessible from the top to allow testings in pit settings and confined areas. D-6 4. The size, type and direction of flow shall be cast in raised characters on the maincase. C. Bypass Chamber: 1. The positive displacement measuring chamber shall be a self-contained unit including a strainer which can be firmly seated and removed as a unit. No part of this chamber shall be cast as part of the maincase. 2. This measuring chamber shall be of the oscillating piston type. a. Piston and piston roller shall be of rubber composition or an approved synthetic polymer and the casing parts shall be bronze. Division plate and piston roller must be replaceable for maintenance. b. All other parts in the measuring chamber shall be 316 stainless steel. D. Turbine Chamber: 1. The turbine measuring chamber shall be of bronze or synthetic polymer construction and shall be located firmly in place by two (2) stainless steel bolts. 2. This chamber shall be positioned so that water must essentially travel in a straight line path from the meter inlet to the meter outlet during high flow operations. An adjustable carbide bearing shall be utilized to take up the turbine thrust load. 3. The turbine shall be constructed of polypropylene and mounted on a replaceable 316 stainless steel shaft and rotate on replaceable, hard rubber roller bearings. a. Entire turbine weight, while in operation, shall be effectively offset by magnetic suspension so that the rotating turbine D-7 components are essentially weightless in water. E. Register: 1. Meter shall contain one (1) billing register which totalize the registration from both the positive displacement and turbine chambers. a. Standard encoder register shall utilize a six (6) wheel odometer and full (360°) sweep center located test hand. The register shall also have a leak detector. b. The outer edge of the register's dial face shall be divided into 100 equal spaced markings. 2. A second non-billing, straight reading type register with a six (6) wheel odometer and test dial shall totalize the registration of only the positive displacement chamber. a. This register to be used for proper meter sizing and meter accuracy testing. b. Test register shall be concealed to avoid accidental reading. 3. Register shall be enclosed in a register box constructed of the same material as the maincase. a. Register box shall be mounted so as to be oriented for reading in any position. b. Register box shall be sealed to the meter in such a manner that unauthorized removal is apparent. Construction shall be such that the seal screws are recessed and their removal is prohibited by seal wire through appropriate register box holes. c. Name of manufacturer and meter serial number shall be clearly identifiable on the register cover and flange of maincase. D-8 F. Intermediate Gear Trains: 1. Intermediate gear trains, including all coordinator parts, shall be located in an oil filled, "O" ring gasket cavity which is completely separated from pipeline or surface water. 2. Intermediate gear trains and coordinator, along with the bypass chamber's odometer, shall be assembled into a single unit which sets in the intermediate cavity. 3. Input into "gear train activity" from the measuring chamber shall be through two (2) sets of permanent.ceramic magnets. The output from this area to the billing register shall be magnetically coupled with a set of face type ceramic magnets. 4. Change gears for calibrating and registration accuracy of the two (2) measuring chambers shall be located on top of the intermediate gear train unit. Recalibrating may be accomplished without disassembling or removing coordinator assembly and without interrupting water service. G. Automatic Valve: 1. Meter shall be equipped with an automatic valve of the weighted, link- mounted, swing type. 2. The valve and linkage shall be bronze, all shafts shall be 316 stainless steel, and all moving shafts and linkage shall contain hard rubber bearings and sleeves. 3. The valve shall be so positioned in the meter that water passing through it will follow a straight line path in passing from inlet to outlet. 4. The valve shall be designed so that it will never open until pressure differential of at least 2-1/2 psi is attained based on water flow D-9 demand. 5. Access to the valve shall be gained by removing only the upper portion of the meter's maincase. 6. The valve seat shall be a separate machined bronze or polymer part and shall have a trapezoidal shaped gasket that maintains a positive seal during Iow flow operations. H. Connections: 1. All size meters shall have flanged ends. 2. Flanges on 2" size meters shall be oval faced, drilled on the horizontal axis with a bolt circle diameter of 1 1/2" and be of the thickness required for Class 125 round flanges. 3. Flanges on 3", 4" and 6" size meters shall be Class 125 round, flat faced type and shall conform to ANSI 16.1 for specified diameter, drilling and thickness. 4. Ail external bolts, nuts and washers shall be of non-ferrous material. I. Registration: 1. The registration shall accurately be recorded through the normal test flow limits at not less than 98-1/2% nor more than 101-1/2% of actual throughout. 2. At crossover (Point when measurement transfers fi.om one chamber to the other accuracy shall exceed 95%. 3. Accuracy at minimum test flow shall be at least 95% at rate of flow specified below: D-lO Normal Test Minimum Meter Flow Limit Test Flow Size (GPm) (GPm) 2" 2- 160 1/4 3" 4 - 320 1/2 4" 6 - 500 3/4 6" 10- 1000 1-1/2 J. Meters shall operate at a working pressure of 150 psi without leakage, damage or malfunction. VI. WARRANTY A. Meter performance warranties are considered to be a paramount importance. Failure to meet below listed minimum requirements shall be grounds for rejection of bid without regard to other considerations. B. Meter performance warranties of the original meter manufacturer only will be considered. Warranties offered by suppliers, wholesale houses, jobbers, etc. will not be considered. C. Meter performance warranties offered by the manufacturer shall be identical to what the manufacturer offers the utility industry as a whole. 1. Bidders shall submit with their bid proposal evidence of this in the form of printed brochure and/or advertisements which appear in water utility journals with national distribution. 2. Unsupported statements to the effect that the manufacturer will meet the minimum standards specified herein are not sufficient and will not be considered. D-ll D. Positive displacement meters in sizes specified in this bid shall be warranted unconditionally (vandalism excluded) for fifteen (15) years from date of shipment. 1. New meter accuracy required for the first year and AWWA repaired meter standards are required for the following fourteen (14) years. 2. The standard register shall carry a separate unconditional warranty (vandalism excluded) for a period of twenty five (25) years from date of shipment. Encoder registers shall carry a separate warranty for a period of ten (10) years from date of shipment. 3. For a period of five (5) years following the original fifteen (15) year warranty period, the manufacturer shall replace or repair a meter to AWWA new meter standards at a guaranteed cost. This guaranteed cost must be stated for each applicable meter size on the bid proposal page. E. Other size and type of meters not included in above shall be unconditionally warranted (vandalism excluded) for a period of one (1) year from date of shipment. 1. Manufacturer shall replace or repair a meter out of warranty at a guaranteed cost. This guaranteed cost must be stated for each applicable meter size on the bid proposal page. F. Meters furnished shall comply in all respects to the applicable AWWA Standards. 1. Bidder shall certify on bid proposal page that meters offered and to be supplied comply with all standards listed in these Specifications. D-12 VII. MISCELLANEOUS ITEMS A. Information in this section is supplied for clarification purposes. B. Water is not aggressive and operative temperature range will not exceed 80 degrees F. C. For positive displacement meters, quotations will only be accepted from those companies who are actively engaged in the manufacturing of all parts for their meters, and have a minimum of twenty five (25) years of satisfactory operating experience with the meters bid. D. For positive displacement meters, coupling nuts, tail pieces, fxostproof case and corrosion protection are not required. E. For compound meters, filler pieces and strainers are not required. F. Bidders shall indicate variances, however slight, to the specifications. Failure to indicate variance will be interpreted as meaning item being offered is as specified. G. References shall be given to Owner upon request, especially those using an automatic meter reading system. Manufacturer shall have at least five (5) or more years satisfactory experience providing encoder meters for pit set installations. D-13 BID PROPOSAL COLD WATER METERS COLDWAMT.WK1:961205/ad Term Contract LOT #1 - POSITIVE DISPLACEMENT ME'i EHS POTABLE WATER) I SALVAGE NET ESTIMATED TOTAL I1TEM DESCRIPTION COST VALUE COST QUANTITY OFFER · 5/8" x3/4"' $ 30.75 $ 3.00 $ 27.75 1000 $ 27,750.00 GUARANTEED REPAIR COST $ 19.81ea 2. I 1# $ 72.80 $ 6.00 $ 66.80 50 $ 3,340.00 GUARANTEED REPAIR COST & $46.6Sea 3. I 1 1/2" $ 200.82 $ 12.00 $ 188.82 15 $ 2,832.30 GUARANTEED REPAIR COST 151.1Sea 4. 2' 274.58 $ 20.00 $ 254.58 1,5 $ 3,818.70 I GUARANTEED REPAIR COST $ 175.44ea MANUFACTURER SENSUS TECHNOLOGIES, INC. BRAND/MODEL SENSUS SR DELIVERY -30- DAYS ARC TOTAL OFFER LOT #1 $ 37 , 741.00 SPECIAL NOTE ...... TOTAL OFFER EQUALS NET COST X ESTIMATED QUANTITY E-1 COLDWAMT.WK1:961205/ad li~ [LOT #2 - COMPOUND MErEI~S (POTABLE WA SALVAGE N ET TOTAL EM DESCRIPTION COST VALUE COST QUANTITY' OFFER 2" $ 772. O0 20. O0 $ 752. O0 5 760. O0 $ 600· ~a IGUARANTEED ,R, EPAIR COST · I 3 1,008.46 30.00 $ 978.46 3 2,935.38 GUARANTEED ~EPAIR COST 807. §# . J 4 T $ 1,676.58 40.00 $ 1,636.58 2 273.16 GUARANTEED REPAIR COS $ 1197. j4. J 6' $ 3,304.07 100.00 204.07 2 408.14 JGUARANTEED REPAIR COST $ 2000. ~ MANUFACTURER SENSUS TECHNOLOGIES, INC. BRAND/MODEL SENSUS SRH IDELIVERY -30- DAYS ARO TOTAL OFFER LOT #2 $16 ~376.68 SPECIAL NOTE ...... TOTAL OPt-~-~ EQUALS NET COST X Et~¥iMA ~ ~-tJ QUANTITY E-2 COLD WATER METERS COLDWAMT.WKl:96', a~ POSITIVE DISPLACEMENT METERS M~ ~HS WITH REMOTE ONLY ITEM DESCRIPTION REMOTE FOR Rt= l HOFIT 1, 5/8'"x3/4" $ 80,3]. $ 55,69 2. 1' $ ).2]..05 $ 55.69 3. I 1/2" $ 248.41 $ 55.69 4. 2' $ 322.2]. $ 55.69 MANUFACTURER SENSUS TECHNOLOG]~ES, [NC. BRAND/MODEL SENSUS SR TR/PL E-3 COLD WATER METERS COLDWAMT.WK1:961205h COMPOUND METERS CAST IRON REMOTE & COMPANION REMOTE & REGISTER FLANGES ITEM DESCRIPTION REGIS ~ ~R" FOR R':,- ~ HoFrr(PER SET) 1. 2' $ 94.93 $ 128.77 $41.00 2. 3' $ 94.93 $ 128.77 $72.32 3. 4" $ 94.93 $ 128.77 $85.40 4. 6" $ 94.93 $ 128.77 $130.60 MANUFACTURER SENSUS TECHNOLOGIES, INC. BRAND/MODEL SENSUS TR/PL * ADD-ON WHEN PURCHASED WITH METER E-4 BIDDER agrees to execute the agreement in strict accordance with the Contract Documents in the full zrnount of the Contracts price's A. Payment Terms % Net 30 Days B. Will you extend the z-,-e prices, te~ms and conditions to other governmental agencies within the State of Florida? Yes X No C. Required Attachments: 1. Insurance Certificate 2. Questionnaire 3. SENSUS TECHNOLOGIE, INC. Name of Firm Submitting Bid gn~o~-~~~ture f~utho~ Dan W. Harness, President Si ' Title Date: April 22, 1997 (Attach Proof of Authorization) SEACOAST UTILITY AUTHORITY PURCHASING DEPARTMENT To: Mark O'Connor From: Randy Kellar · Date: April 24, 1997 Re: Bid No: 97-174-W Cold Water Meters The bid was opened at 2:00 pm today on the subject bid. It is on the attached sheet. The bid has been given to Wilbert Stewart for lfis review and recommendations to the board. cc: R. Bishop B. Gregg W. Stewart SEACOAST UTILITY AlYrHORITY . ~ :.~ - L......ENGINEERING/OPERATIONS DMSION MEMORANDUM TO: Rim Bishop FROM: · Wilbert Stewart '~/~ DATE: May 7, 1997 RE: ANNUAL CONTRACT FOR SUPPLY OF COI.r~ WATER METERS Bids were opened for subject referenced above on April 24, 1997, the sole Bidder was Sensus Techfiologies (see attachment). This bid is for a contract ~me of§ years, all meter prices on the attachment shall remain firm for the length of the contract. It is our recommendation that we ask the Authority Board to award the contract to supply cold water meters to Sensus Te~-h,~olo~ies. attachment co: B. Gregg P. Kellar SeNSUS 450 North Ga %in Avenue PO Box 487 LJmontown PA '5401 t412) 439-772; April 22, 1997 Seacoast utility Authority 4200 Hood Road Palm Beach Gardens, FL 33410 Attention: Purchasing Department, Mr. Randy Kellar Subject: Sealed Bid For Water Meters Bid Number 97-174-W To be opened April 24, 1997 at 2:00 P.M. Dear Ladies and Gentlemen: In reply to your invitation for bid, we are pleased to enclose your proposal with our prices indicated thereon. Ail pricing reflects present day AWWA material composition. Please be advised that certified tests are mailed after the meters are shipped. Enclosed for your review are Sensus' Descriptive Literature and Sensus' Guarantee Statement. Please review the Sensus' Guarantee for Sensus' policy on the various sizes and types of meters. Sensus Technologies, Inc. would like to thank you for the opportunity to submit this proposal and we look forward to doing business with you. Sincerely, Fred L. Russell Regional Manager Southern Marketing Region FLR/maj Enclosures cc: Mr. Craig McCandless SCNSUS AFFIDAVIT OF COMPLIANCE Ail meters to be furnished under the terms of the bid shall meet all the requirements of the specifications. All units shall be tested and determined accurate in accordance with A.W.W.A. M-6 Manual of Water Supply Practices of 1986 and maintain accuracy as governed by A.W.W.A. Standard C700-90. R. D. Neel' , Vice President Sales & Marketing Sworn to before me and subscribed in my presence this 22nd day of April , 19 97 Notary Public d Notarial Seal J Carol L. Shultz, Notary Public I Uniontown, Fayetle County I My Commission Expires Sept. 25, 2000 I Member Pennsylvania Association of Notaries S( NSUS® AFFIDAVIT OF COMPLIANCE Ail meters to be furnished under the terms of the bid shall meet all the requirements of the specifications. All units shall be tested and determined accurate in accordance with A.W.W.A. M-6 Manual of Water Supply Practices of 1986 and maintain accuracy as governed by A.W.W.A. Standard C700-90. Remote reading devices are in accordance with A.W.W.A. Standard C707-82. SENSUS TEC] iOLOGIES, INC. R. D. Neely, Vice President Sales & Marketing Sworn to before me and subscribed in my presence this 22nd day of April , 19 97 Notary Public Nomrial Seal Carot L. Shultz, Notary Public Uniontown, Faye~_Co?~lty My Commission Expires Sept. 25, 2000 Mlml~lr Panns¥1vanis Association of Notaries SeSNSUS AFFIDAVIT OF COMPLIANCE Ail meters to be furnished under the terms of the bid shall meet all the requirements of the specifications. All units shall be tested and determined accurate in accordance with A.W.W.A. M-6 Manual of Water Supply Practices of 1986 and maintain accuracy as governed by A.W.W.A. Standard C702-86. SENSUS ~ECH~OLOGIES, INC. R. D. Neely, Vice President Sales & Marketing Sworn to before me and subscribed in my presence this 22nd day of April , 19 97 Notary Public INotadal Seal [ Carol L. Shuttz. Notary Public Uniontown. Fayette County My Commission Expires Sept. 25. 2000 M,mher P,nnsvh.ania ~$$ociation of Notaries S NSUS AFFIDAVIT OF COMPLIANCE Ail meters to be furnished under the terms of the bid shall meet all the requirements of the specifications. All units shall be tested and determined accurate in accordance with A.W.W.A. M-6 Manual of Water Supply Practices of 1986 and maintain accuracy as governed by A.W.W.A. Standard C702-$6. Remote reading devices are in accordance with A.W.W.A. Standard C707-82. SENSUS TECH~LOGIES, INC. R. D. Neely, Vice President Sales & Marketing Sworn to before me and subscribed in my presence this 22nd day of April , 19 97 Notary Public Notarial Seal Carol L. Shultz, Notary Public Uniontown, Fayette County My Commission Expires Sept. 25, 2000 Member ~qns¥1vania Associatiort of CERTIFICATE OF INSURAI{iCE' PRODUCER Serial #: 02747 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AON RISK SERVICES, INC. OF ILLINOIS I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 123 NORTH WACKER DRIVE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CHICAGO, IL 60606 COMPANIES AFFORDING COVERAGE * T'TN: INSURANCE VERIFICATION CENTER 1-800-4-VERIFY/FAX 1-312-701-4143/4'144 COMPANY A CIGNA PROPERTY & CASUALTY INSURANCE CO. SENSUS TECHNOLOGIES, INC. E P.O. BOX 487 COMPANY 450 N. GALLATIN AVENUE C UNIONTOWN, PA 15401 ATTN: MARYANN JUNK FAX#.412-430-3959 i D COY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ASOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W1TH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDIT3ONS OF SUCH POLICIES, LIMITS SHOWN MAY RAVE BEEN REDUCED BY PAID CLAIMS. ~ERA~ c~muw XSLG1896194-5 06/30/96 06/30/97 i PRODUCTS - COMP/DP AC~ $ 20,000,000 AX COMMERCIAL GENERAL LtABIMTY -- -- I P~RSO~. & ~v ~.~UR¥ $ 2,000,000 ----~ CL~MSa,~DE ~ OCCUR ' E~C. OCCU..~.C~ OW.~R'S & COm'~CTOR'S PROT ! $ 2,000,000-- ~- VENDORS BROAD FORM i FIRE DAMAGE (Anymleflm) $ 50,000~ · ' sEACoAsT UTILITY AUTHORITY . .~xm~0~ o~ ~.~o,. ~....u.~ ~,.~ ~LL ~O~VO. ~O .~L PURCHASING DEPARTMENT 30 ~ ~N ~E~ ~ECER~FI~HOLDERNAMED~ ~E LE~, 4200 HOOD ROAD a~ F~LU~ ~ ~L S~H NO~E S~LL IM~SE NO OBUGA~ON OR LIABlU~ PALM B~CH GARDENS, FL 3~10 ~ A.Y m~D U~N ~ ~PA~, ~ AG[N~ OR R~RES~NT~S. ~FMPROI~BTR~CERT9697 FM S NSUS CORPORATE PROFILE For well over 134 years Sensus Technologies, Inc and its predecessor companies have been defining the standards for the water measurement industry. Through the acquisition of well established water meter companies, the Rockwell Manufacturing Company was built. As Rockwell grew it diversified into a wide array of industries and was joined by North American to form Rockwell International during the 1960s. Rockwell International made a strategic business decision in the late 1980s to concentrate on what was determined to be its core industries. With this strategy, a number of non-core companies were divested. In March of 1989 the entire Measurement and Flow Control Division was acquired by BTR plc. for $437 million. BTR plc. has revenues in excess of $7 billion and like Rockwell International, also operates dozens of companies around the world. But unlike Rockwell, BTR operates its companies with a much flatter organization allowing quicker decisions and delivery of quail .ty products to the marketplace. Under BTR Sensus Technologies continues pursuing its previously made commitments, including being the leader in quali~, technolo~ and customer serv/ce. The Sensus Technologies World Headquarters is in Uniontown, PA and all corporate staff are located there. With engineering, manufacturing and assembly facilities in Pennsylvania, Arkansas and Mex/co, Sensus is equipped with the latest in equipment needed to best serve the industry.. From state-of-the-art test facilities to the use of robotics, Sensus utilizes high technolo~ to develop new products. Sales offices are regionally located to provide superior customer service and support. The Sensus field sales representatives and distributor ne~ork are undeniably the most technically proficient in the industry. The Sensus line of water measurement products include the industry standards for residential meters, turbine and compound commercial meters and propeller meter. A number of product and technology patents have clearly distinguished'Sensus as the industry. leader. For over 17 years the company has been active in the automation of the reading and billing of water meters. Sensus has a number of joint ventures and license agreements with third parties that provide the industry with leadin~ edge technolo~ and the fle.ribiiiq~' rhar is demanded by water utilities. BILL OF SALE AND AS$IGNM~2~T T~I$ IS A BII~L OF SA~ A~DA~SIGNI~]~IqT executed this 1OT.h day of March, 1989 by Roc~wel! International Corporation, a Delaware corpora:ion ("Seller"), pursuant to Section 1(c) of the Asset Sale Agreement dated as of December 6', 1988 (the "A~set Sale Agreement") by and between seller and BTR Dunlop Inc., a Delaware corl~oration (,,Buyer"). capitalized ter~ns used herein and not defined have the same meaning given to them in the Asset Sale Agreement- IBT~NDING TO BE LEGAT,T,Y BOUND and for good and valuable consideration, the receipt and sufficiency of ~hich are here_by acknowledged, Seller hereby sells, conveys, assigns, transfers and delivers to BTR Water Measurement, Inc.,'a Delaware corporation and an indirect, wholly-owned subsidiary of Buyer, its ~uccessors and assigns, all of Seller's right, title and interest in and to all of the Assets held by Seller that are used primarily in or relate pri=arily to the water meter business segment of t_he Business, except for (i) all land, plants, buildings and improve=ants thereon, including construction in progress, and leasehold interests transferred and del~vered~y Seller to M&FC Property, Inc., a Delaware corporation and an indirect, wholly-owned s%~bsfdiary of Buyer, by certain instr=ments of conveyance dated as of the date hereof and (ii) all Intellectual Property assigned and transferred by Seller to M&FC Holding Company, Inc., a Delaware corporation and an indirect, wholly-owned subsidiary of Buyer, by certain instrLunants of assignment date~ a~ of the data hereof. The provizions of Section l(d) of the ~set Sale .Aqree=ent are incorporated herein by reference. Seller makes _.no representation or warranty with respect to t. he Assets being assigned and transferred hereu_~der other than those ~et forth in t-he Asset Sale Agreement. To the e.xtant that any provision of this Bill of Sale a~d Assfqnnent 'is inconsistent with the Asset Sale Agreemmnt, the provisions of the Asset Sale Agreement shall control. IN WITNESS k-F=~£OF, Seller has execrated this Bill of sale and Assigr,~ent az of t-he date first above %Tittan. ROC~FE-- LL IHTE~-NATIONAL -2- FILED ,989 · 564 C~Wf!FICAT~ OF ~ OF C~IFI~ OF I~TI~ OF · z~..=.x ME.~SUP~-~EhT, INC., a ~laware corporation, hereby certifies as fo 1 icws: "First. The Board of Directors of said corl~oration duly adopted a resolution setting forth and declaring advisable the amendment of Article First of the certificate of incorporation of said corporatic~ so that, as an~.-~ed, said Article shall read as follcws: "First. The name of the corDoration is Sensus. Technol~z3ies, Inc." SECCND. In l~eu of a vote of stcckholders, written consent to the foregoing amendment ha~ been given by the 'holder of a/1 of the outstanding stock entitled to vote thereon in accordance with the provisions of Section 228 of the Ge..~eral Corpora/ion Law of t_he State of ~elaware; and such ar~ndmmnt has bee_n duly adopted in accordance witch the prDvisions of Section 242 of the General Corporation Law of the State of !.~ ~IiN~ kMF_rc~OF, ~rR k~A'~'~ MEASUREMENT, INC., has caused this certificate to be singed by F~ar ~-. Sharp, its Vice Pres/dent, and attested by Edgar P. DeVylder, its Secretary, on the 1UIM day of July 1989. ~l'R ~'~;'~ MEASURe, INC. :~ECEIVL:D FOR RECORD ~0G 0'3 1589 ~= ~'~ ..~~ Wllllam M. Honey~ Recorde, ~.~ Sha~ Vi~ ~esident Attest: ~et~ Se~:oa~ UJ~lity Authority' May 28, 1997 - Agenda Page -2- VI. CONTRACT AWARDS A. CONSTRUCTION I. Lift Station No. 88 Wet Well Extension Consider a motion to appwve Wansfer of $7,$00.00 f~m line item RR7-$6, Annual lVlfnint~lanc~ Contract to line item RRT-~), Lift St~on No. 88 Wet Well Extension. Consider a motion to award conWact for Lift Station No. 88 Wet Well Extension to the low bidder, Brett Ryan, Inc., in tho amount of $$7,250.00. 3. Slip-Line Sewer Re~ Pl~se 2 Consider a motion to approve award of Phase 2 Slip-Line Sewer Repair to Ins~tm'orm Southenst, Inc., Iow bidder based on Palm Beach County competitively bid contract, in an C. EQUIPlVlENT/SUPPt .~$ Consider a motioa ~o award pulv, has8 of cold wa~ m~ter~ to S~xls as r~commended by 2. Hood Road Raw Water Repump Station, Replacement of Vmiable Ftequenoy Drive Unils (VFD) Con.sider a motion m awani contract for Hood Road Raw Water Repump Variable Frequency Drives to the low bidder, Edwards Ele~hlc Corp., in the amount of $34,952.00. PENSION PLAN AUDIT Consider a motion to approve RacMin, Cohen and Holtz's proposal for the audit of Seacoast Utility Authodty's Money Purchase Pension Plan for the year ended December 31, 1996. VIIL PAYROLL TAX TRANSI~'R Consider a motion to approve the payment of employmcnt taxes utilizing electronic funds (EFI') and directing staff to provide a lisling of each month of the EFt payments made equaling or exceeding $10,000.00. LETTER OF TRANSMITTAL SEACOAST UTILITY AUTHORITY DATE: 6/17/97 JOB NO. 4200 Hood Road Palm Beach Gardens, Fl 33410 A'I'I'ENTION: Bob Kenyon (561) 627-2900 Voice RE: Cold Water Meters - Bid Document (561) 624-2839 Fax TO: Boynton Beach Utilities 5469 Boynton Beach Boulevard Boynton Beach, FL 33437 WE ARE SENDING YOU [] Print [] Shop [] Other SETS DATE NO DESCRIPTION For your use Approved as noted As requested Returned for corrections For your review & comments Other REMARKS Bob, should you have any questions, please call me at 561-627-2900 ext 326. 3 U hi 2 3 ~gg7 BOYNTON BEACH UTILITIES cc: Bruce Gregg, Director of Operations VII.-CONSENT AGENDA ITEH B.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk*s Office Meetin~ Dates in to Ciw Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon) [] August20,2002 August5,2002 (Noon) [] October l5, 2002 September30,2002(Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 am) [] November 19, 2002 November 5. 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: MOTION to approve the "sole source" PURCHASE OF PARTS FOR LARGE REFUSE TRUCKS from HEIL ENVIRONMENTAL INDUSTRIES with an estimated annual expenditure of $50,000.00. EXPLANATION: Heil Environmental Industries is the manufacturer and the sole source provider of repair parts for the Hell large refuse trucks in the City fleet. Warehouse Division orders the repair parts "as needed" for Fleet Maintenance to service the vehicles PROGRAM IMPACT: Fleet Maintenance provides on-going maintenance for the City's fleet of vehicles. The request for repair parts channels through Warehouse Division to provide timely purchase of parts at the most economical price. The use of Hell Environmental Industries as a "sole source" provides the necessary repair parts for the large refuse trucks. FISCAL IMPACT: Funding is available through the Warehouse Inventory Account, and the Fleet Clearing Account. Actual expenditures from these accounts will occur at time of distribution to the related departments. Account Department Account Number Amount Warehouse Inventory 502-0000-141-01-00 $ 10,000.00 Fleet Clearing Account 501-5000-590-09-85 40~000.00 Total $ 50,000.00 ALTERNATIVES: Alternatives are limited since the trucks used specialized parts manufacturer by the Hell Company. dk)[~c6.~ Deputy Director of Financial Services City Manager's Signature Procurement Services ~'~ Department Name City Attorney / Finance / Human Resources S:~BULLETINhZORMS~AGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach Financial Services Department WAREHOUSEDIVISION TO: Bill Atkins, Deputy Director of Financial Services FROM: Dominic DeMauro, Warehouse Manager DATE: September 6, 2002 SUBJECT: Sole Source Purchases for 2002-2003 Blanket Purchases Please proceed to Commission for October 1 st Agenda: to Heil Environmental Corporation. (See cost breakdown for two categories below): Vehicle Maintenance parts: $40,000.00 (account #501-5000-590-0985) **(Non-Stocked Warehouse Purchases that are ordered daily to keep the City's Automated Fleet up and running.) Warehouse Inventory: $10,000.00 **(Stocked Warehouse Purchases that are stocked to keep the Automated Fleet up and running.) Therefore, making the total purchase amount $50,000.00. If you should have any questions, please feel free to contact me at 742-6324. VII.-CONSENT AGENDA O I'TEM B.3. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August6,2002 JulylT, 2002 (5:00p.m.) [] October l, 2002 September l6, 2002 (Noon) [] August20,2002 AugustS.2002 (Noon) [] October l5, 2002 September 30, 2002 fNoon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon} - ~ [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noo~ ~ '. [] Administrative [] Development Plans -~ NATURE OF [] Consent Agenda [] New Business c,~ : - AGENDA ITEM [] Public Hearing [] Legal ~ '~.: ~ [] Bids [] Unfinished Business ~-~ ,4 .~ [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: MOTION to approve the PURCHASE OF MISCELLANEOUS PARTS AND COMPONENTS FOR THE RADIO TELEMETRY SYSTEM from DATA FLOW SYSTEMS on an "as-needed basis" with an estimated annual expenditure of $90,000.00. EXPLANATION: Procurement Services received a request from Warehouse Division to use Data Flow Systems for the purchase of miscellaneous parts and components for the radio telemetry system for the fiscal year 2002/2003. The Utilities Department converted to the Data Flow Systems telemetry equipment in 1993. The telemetry equipment consists of monitoring equipment that transmits data regarding wells and lift stations. Some equipment examples include: pump control unit, radio and power supply boards, radio interface modules, programmable logic controllers, etc. It is necessary to maintain an inventory of component parts for emergency repair due to storms and power surges. Data Flow Systems is the sole source for the telemetry equipment used by the Utilities Department. PROGRAM IMPACT: The capability to purchase component parts to maintain the telemetry system in operational condition is essential to the Utilities Department. FISCAL IMPACT: Warehouse Division will make purchases on an "as needed basis" from the inventory account. Upon distribution of the commodities it will be expensed to the using departments. Utilities Department has $90,000.00 allocated for these parts and supplies. Account Description Account Number Amount Warehouse Inventory 502-0000-141-01-00 $90,000.00 Deputy Director of Financial Se~vi -(xAty Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / Human Resources S;~BULLETFN~ORMS~AGENDA ITEM REQUEST FORM DOC The City of Boynton Beach Financial Services Department VY,4REHOUSEDIVISION TO: Bill Atkins, Deputy Director of Financial Services FROM: Dominic DeMauro, Warehouse Manager DATE: September 6, 2002 SUBJECT: Sole Source Purchases for 2002-2003 Blanket Purchases Please proceed to Commission for October 1st Agenda: Data Flow Systems for $90,000.00 for Warehouse Inventory for Miscellaneous parts and components to keep the electrical systems running in the lift stations. This merchandise was transferred to the Warehouse when Warehouse Two was opened. Warehouse merchandise will be issued and charged to departments on an as needed basis. If you should have any questions, please feel free to contact me at 742-6324. ~'o: Tony Lornbardi Cib/of Boynton Beach From ~)ebb~e Wilkinson 321-259-4006 11/07/01 10:26:22 Page 1 of 1 Sent by the Awat~ Winning Cheyenne Bitware Data Flow Systems, Inc. November 07, 2001 Mr. Tony Lombardi City of Boynton Beach Fax: 561-742-6298 Please consider this document confirmation that Data Flow Systems, Inc. (DFS), of Melbourne, Flodda, is the sole source for all TAC II Telemetry System Remote Terminal Units (RTU), PCU TAC Packs, and aeaocieted Telemetry Software utilized by the City of Boynton Beach. DFS designs, manufactures, installs and services the entire TAC II Telemetry System. Them am no other dealers, distributors or service organizations that offer the TAC II Telemetry System. Thank you for your interest in Data Flow Systems. Please let me know if I can provide additional information. I can be reached at 321-259-~. Sincerely, Data Flow Systems, Inc. David S. Walker Jr. Sales Manager VII.-CONSENT AGENDA ITEM B.4 CITY OF BOYNTON BEACi AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetina Dates in to City Clerk's Office Mee0n~ Dates in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 pm.) [] Oc:ober I, 2002 September 16, 2002 {Noon) [] August20,2002 August5,2002 (Noon) [] October l5, 2002 September 30, 2002 (Noon) [] September3.2002 August l9, 2002 (Noon) [] November6,2002 October t~.. 2002 (Noon) [] September t 7, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: MOTION to approve the 'piggy-back' of LAKE COUNTY CONTRACT #99-150 for the PURCHASE OF A FIRE RESCUE APPARATUS CONSISTING OF A PIERCE 61' SKYBOOM ON A DASH CHASSIS (WITH OPTIONS) from PIERCE MANUFACTURING INC. in the amount of $555,142.00. EXPLANATION: Procurement Services Division received a request from Fire Department to utilize the Lake County Contract #99-150 to purchase a Fire Rescue Apparatus. The specific City of Boynton Beach Fire Apparatus Vehicle with the various options has been priced at $573,071.00. A provision in the proposal allows for prepayment at time of order that will result in a savings of $17,929.00 giving the net price of $555,142.00. The company will provide a contract performance surety bond, and labor and nmterials payment bond equal to one hundred percent of the contract amount. Procurement Services Division recommends Commission's review, evaluation and approval. PROGRAM IMPACT: The new Fire Rescue Apparatus Vehicle will be used at Fire Station 4. Boynton Beach Fire Rescue is committed to Pierce Fire Apparatus because of their build quality, service after the sale, and (critical for Fire Operations) the standardization of emergency vehicles/equipment. Modern fire apparatus has become too complex to expect staff to safely operate equipment built with differing specifications and modes of operation. FISCAL IMPACT: The FY2002/2003 budget for Fire Assessment Funds has allocation for this purchase. Account De~ Account Number Amount Vehicle Purchases 501-2516-519-64-33 ~580,000.00 Deputy Director of Financial Services City Manager's Signature Procurement Services 0 Department Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC FIRE DEPARTMENT MEMORANDUM R E C E I V E D SEP ! ! 2002 PROCUREMENT_ ~/~;[~SERVICES TO: Bill Atkins, Deputy Finance Director ~J FROM: David Liu, Deputy Chief of Operations ~//Y ~ DATE: September 10, 2002 SUBJECT: Purchase Request - Pierce 61' Skyboom on a Dash Chassis Included with this memo is a complete bid package from Pierce Manufacturing, Inc. The package includes the proposal with several pricing options, the Boynton Beach Fire Rescue specifications/equipment list, a Lake County (FL) Fire Apparatus Contract (for tag on), associated literature, and all applicable warranties. We have included specific purchase orders from other governmental purchasing departments that show fire vehicles purchased in the same price range as the Pierce Skyboom. The funding for this apparatus is through the Capital Improvement Program - Fire Assessment Improvements. It is noted in the budget under "Fire Improvements, Station 4 (62-01, CPO 239)". $580,000 has been budgeted for the apparatus, and City Manager Bressner asked me to move forward with this purchase last May. Fire Rescue has been working steadily since then, and has specified the vehicle to be delivered "ready to use", with all options and equipment required for the apparatus to fulfill its designed purpose. The price as specified is $573,071.00. You will note on the Bid Proposal that a 100% pre-pay results in a total price of $ 555,142.00, a discount of $17,929.00. A copy of the vehicle specifications and vadous warranties has been sent to Robert Lee at Fleet Maintenance for his review. I am requesting that Procurement Services place this request on the City Commission Agenda if everything submitted is acceptable. Boynton Beach Fire Rescue is committed to Pierce Fire Apparatus because of their build quality, service after the sale, and (critical for Fire Operations), standardization of emergency vehicles/equipment. Modern fire apparatus has become too complex to expect our personnel to safely operate equipment built with differing specifications and modes of operation. If accepted, the purchase order must be made out to Pierce Manufacturing Inc. If you have any questions, please do not hesitate to call me. Cc: Chief Bingham ~ Jul.v 22. City of Boynton Beach PROPOSAL 100 East Boynton Beach Blvd. ,o. Boynton Beach, Florida 33435 ~ FIRE APPARATUS The undemigned is prepared to manufacture for you, upon an order being placed by you. for final acceptance by Pierce Manufacturing, Inc., at its home office in Appleton, Wisconsin. the apparatus and equipment herein named and for the following prices: One Pierce Model 6 I' Dash Sk'3,Boorn s 573,071.00 Pricin~ In Accordance With Lake County Bid 99-150 For "Tae-On" O~tional Pre-Pays 1. Chassis Pre-Pay of $175.075.00 W/order will offer (7~295.00) Dis 2. Chaanin and Aerial Pre-Pay of $300.556.00 will offer ~9.280.00) 3. 100% Pre-Pay of $555~142.00 will include a (17,929.00) discount With 100% Pre-Pav Truck title at deliverv and includes bond All ~scotmts are to be within ten days from order date. Pricing good until October 31, 2002 Total $ 573,071.00 Said apparatus and equipment are to b~ built and shipped in accordance with the specifications hereto attached, delays due to s~kes, war or intentional conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 270-300 working days after receipt of this order and the acceptance thereof at our Appleton, Wisconsin, and to I~ delivered to you at Bovntun Beach. Florida The specifications heroin contained shall form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. The proposal for fire appsratus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus aa published at the time of bid, except as modified by customer specifications· Any increased costs thcurmd by tlr'st party because of f~ture changes in or additions to said DOT or NFPA standards will be passed along to the customers as an addition to the price set forth above. Unless accepted within 30 days fi'om date, the right is reserved to w~ithdra,w this proposi0~¢~. · ' - SALES REPI~ENTATI~E PIE;~CE MANUFACTURING INC July 22, 2002 Deputy Chief David Lui Boyton Beach Fire Rescue 100 East Boyton Beach Blvd. Boyton Beach, FL 33435 Dear Chief Lui, Please use this lotto; as confum~fion that Pierce Manufacturing authorizes Boron Beach to tag your bid #99150 to thc Lake County bid for a Pierce 61' Skyboom on a custom Dash chassis. We greatly appreciate the opportunity to place this apparatus in your fleet of fire and emergency vehicles. Please feel fxee to contact us if you have any questions regard/ag this matter and thank .you for choosing Pierce for your apparatus needs. Sincerely, Pierce Manufacturing Inc. Greg Hinkens Sales Manager c. Ten-8 Fire .Mike S clmeider We Build July 22, 2002 Bid 99-150 Lake County Pricing Computation For City of Boynton Beach 1. Vehicle Base Model Cost $ 365,942.00 2.4% Mark-Up Over Base $ 14,637.00 3. Vehicle Options $126,194.00 4.10% Mark-Up Over Equipment Cost $ 12,619.00 5. Vehicle NFPA & Department Required Equipment $ 49,179.00 6. 10% Mark-Up Over Vehicle Accessories Cost $ 4,918.00 Total Vehicle Price $ 573 071.00 Price Includes all delivery and training Date: November 2, 2001 From: Ten 8 Fire Equipment Inc. RE: Lake County Fire Apparatus Contract Lake County Contract No. 99-150 which permits Lake County, FL along with other Government Agencies to purchase various specified and unsoecified a;paratns per the pricing structure bid on June 24, 1999. This contract is renewable for up to five (5) years. See attached pages 1 of 9 for conditions attached. The formula is 4% over dealer cost on the base vehicle and 10% on vehicle options and equipment per page 1 of the Lake County Bid Sheet. This contract applies to the complete line of Pieme apparatus. We are willing to extend the same terms and condition per Lake County Bid 99-150. All handling, transportation, and delivery costs would be included in the base vehicle cost from Pierce Manufacturing Inc. We could also provide prices paid on similar units by other municipalities as additional priee justification. This conuact allows each municipality to specify the options and equipment as required to meet their individual applications and operating standards. The following are a few municipalities that have accessed this contract for various models of Pierce fire apparatus. Lake County-(9) Contender Pumpers City of Melbourne -(2) Custom Contender Pumpers City of Pompano Beach-(3) Custom Contender Pumpers City of South Walton Beach -105' Dash 2000 All-Steer Aerial City of Semlnole-10$' Dash 2000 All-Steer City of Destin-10$' Dash 2000 All Steer N.W. Hernando-Saber "CAFS" Pumper City of Windemere -Commercial Tanker Seminole County-Two (2) Quantum Pumpers City of Key West- One (1) Dash 2000 Pumper Civy of Temple Terrace- Quantum Pumper City. of Bartow-105' Dash 2000 Ladder City of Bradenton-61' SkyBoom Quantum City of Hialeah-(2) Quantum Pumpers, (1) Lance Haz-Mat Vehicle City of Eustis -85' Platform Volusia County- (2) Custom Contender Pumpers City of Cape Canaveral-Mini Pumper Pinellas Park-Dash 2000 Pumpers (2) Lake Worth-Saber Pumper Miramar-(2) Lance Pumpers Spring Hill-Quantum Pumper Bonita Springs-Quantum Pumper City of Miami Beach-(2) 55' Skybooms City of Miami-(3 ) 65' Telesqurts, (1) Air and Light vehicle Lake Alfred-Dash Pumper Mascotte Fire Department-Custom Contender Lake County (2) Contender Plus Pumpers Casselbeny, FL -Enforcer Pumper Lakeland, FL- Quantum Pumper and Quantum 55' Skyboom City of North Lauderdale -55' Saber Skyboom City of Riviera Beach-Custom Contender Lealman Fire/Rescue-Custom Contender Miami Beach-(2) 100' Pierce Dash Aerial Platforms Town of Palm Beach-(3) Enforcer Pumpers City of Stuart-Dash Pumper Marco Island-Enforcer Pumper Monroe County-(3) Enforcer pumpers Fort Myers-Enforcer Pumper Winter Park-Dash Pumper Tarpon Springs-Quantum Pumper St. Petersburg-100' Platform Avon Park-75' Ladder Frostproof-Custom Contender Cape Coral- (2) Kenworth Pumpers 4-door Winter Park-Quantum Pumper Seminole County-(3) Quantum Pumpers Casselberry-Enforcer Pumper Cocoa Beach-Dash Pumper -City of Seminole-Enforcer Pumper County of Volusia-Kenworth Encore Rescue Vehicle If this is conuact would be acceptable we will supply a complete copy for your review and final pricing. Thank you, Michael J. Schneider LAKE CO~JNTY FLORIDA 1. Modification Nc.: $ 2. Contract Nc.: 99-150 Effective Da=e: May 21, 2002 Effective Dace: July 19, 1999 3. Con=rat=lng Officer: Roseann Johnson, CPPB 5. Contractor-Name and address: Telephone Number: (352) 343-9765 Pierce Mfg. 4. Issued By: PO Box 2017 .~tke Court=y, Florida Procurement services Apple=on, WI ~4913 Lake Coun=y Adminis=ra=ion Building 315 W. Main St., Suite 416 Atari: Rober= Boggus Tavares, Florida 32778-7800 6. SPECIAL INSTRUCTIONS: If indicated, contrac=or is required to sign Block 8 showing acceptance of the below written mod!fica=ion and return this foz-m to address shown in Block 4 wi=bin Den (10) dave after receipt, preferably by certified mail =o ensure & system of 9osi=ive receipts. ~ecain a photocopy of the signed copy of =his mad{fi=eriCh and att&ch to orig9"al of con=rat= which was previously provided. 7. DESCRIPTION OF MODIFICATION: ADD: Pierce Mfg. Co. will sell under the same =arms and conditions for =he same price, =o otheN governmental/publ£c agencies in =he State of Florida. AD~: Contract will hereby be modified to include a ~ patten= ~.005) administrative fee charged =o any entity accessing =he con=tact. AMEND: This Contract is effective from May 21, 2002 through May 20, 2003 except =he county reset, es the right to terminate =his Contract immediately for cause and/or lack of funds with thirty (30) days written notice for =he convet~ie~ce of contract also provides for four additional twelve (12) month renewals a= =he County~s sole option at the terms mo=ed in the Bid. Contractor,s Signature: 9. Lake county, Flor£da Nares ~ or =.l - Bid ,o. Copies - Contractor Date Fire ~escue Contracting officer Risk Management Tan S Fire Equip. Inc. BID REQUEST NO, S~CUtL ~MS AND PAGE 1 OF 9 SPECIAL TERMS AND CONDITIONS 1. TJ.~LT.~~: It is the intention of this bid request for the County to enter into contract with a single bidder for: (1) an initial pu.r_ch.a, se of the specific fire apparatus specified on the .~~(2) to~rovide for an indefinite quantity contract ~vith, the awaraeo mooer tot f~ure ourch*~-~ 0-f-~/a~ri~0~"~e~'~t~0 s=ecifis~l"~'~J"t~fie--'~ f--i~e a~para~JS.--~tting Contract shall guarantee the construction and delivery to-~he C0unt~r~-~dditional fire apparatus as may be required by the County throughout the initial contract term and any subsequent contract renewal periods. 2. pRICING FOR THIS BID REQUEST AND SUBSEQUENT CONTRACT: Bidders shall price the specific fire apparatus specified ( ,B,!d Sheet. z_D_a_~e_, l~o_f~ Il;em No. 1 ~ usina the orir~tag_. structure bid stated on Bid Sheets 1 and 2. Bidders must submit with their bid resp_~onse sufficient information for the Count.y t.~o verify ~hat the bid prices offered for the~ r-eq~ired f re app;r~;'tu~'have b~e-n'~e.~.d~u~mg-t~-~' pricing structure on..~the Bid Sheet. ThrouRhout the term of any contract awarded as a result of th, e. ,Bi..~d_Re__~uest, the p_rice structure provided on Bid She.e.!ts_.l. a__nd 2 b.y the,,successful bidd_~er ~-~untv to orice any vehicles ~urcha~ed against the contract. Within the contract period, the County reserves the right to verify prices by examination of dealer or distributor's invoices and to evaluate all proposed purchases with respect to reasonableness of price. The County may reject any proposal made by the contractor in favor or renegotiation or bidding. 3. ~ Any contract derived from this request shall be effective for the approximate twelve (12) month period immediately following the date of award, 4. ~pTION TO RENEW CONTRACT: The County reserves the sole right to renew said contract for four (4) additional twelve (12) month periods at the same pricing structure, specifications, and terms and conditions of any contract derived from this bid request. 5. FSTIMATED QUANTITIES; Any contract entered into will be of the ~open end~ type. The contractor will deliver such quantities as may be ordered, and the contract shall be binding only for the actual quantities ordered during the contract period. Orders will be issued throughout the contract period as needs are determined. The quantities indicated on the bid sheet are the apparatus that will be ordered initially with award of this bid request. The County anticipates ordering six (6) additional apparatus in fiscal year 2000 and six (6) additional apparatus in fiscal year 2001. 6. ~ The set pricing structure bid (percentage above bidder's dealer net cost for vehicles, equipment options and vehicle accessories and percentage discounts from identified price lists for cab and chassis parts and body parts) shall remain firm throughout the original contract period for apparatus and for any subsequent contract renewal periods BiD REQUEST NO. 99-150 SPECIAL TERMS AND CONDFrIONS PAGE 2 OF 9 although the County's purchase net prices may increase or decrease. 7. CONTRACT PRICING MODIFICATIONS: If the price paid by the contractor (successful bidder) to the manufacturer is either increased or decreased after the contract date, the corresponding contract unit prices may be adjusted according to the following procedures. A. Price Increases 1. Any requests for price increases must be in writing and must be directed to Procurement Services Contracting Officer (hereinafter Officer) responsible for the contract. Requests must fully document the rationale for such increases and include a copy of the manufacturer's notification to the contractor of same. The increase must apply to all dealers of the same class as the contractor. Contractor originated increases shall not be allowed. 2. No modification incorporating an increase in contract prices will be executed pursuant to this section until the requested increase in the prevailing contract prices has been verified and approved by the applicable Officer. 3. Any approved increased contract prices will be effective on the effective date of the increase in the applicable manufacturer's price if the contractor's wri~en request is received by the Officer within ten (10) days thereafter, but if not, the effective date of the increased prices will be the date of receipt and verification by the Officer of such request. 4. Once issued under terms of the contract, a County purchase order is not subject to price escalation regardless of whether the date of delivery on the purchase order is before or after the effective date of the increased contract prices. B. ~ The contractor shall promptly notify the Officer as to the amount and effective date of each decrease in any applicable manufacturer's price, and each corresponding contract, unit price will be decreased by the same percentage. Such decrease will apply to items delivered on and after the effective date of the decrease in the manufacturer's established price and the contract will be modified accordingly. 8. I · Goods not specifically identified in this bid request may be added to any resultant contract upon mutual consent of the contracting par~ies. 9. ~ Delivery dates shall be negotiated annually. When quoting a delivery date, bidder shall state time in days from the receipt of a County purchase order or contract, not time in days from the date of the bid opening. 10. T · The contractor will make every attempt to supply the awarded equipment within the time frame(s) requested on each order. Failure to supply may be cause- in-need for the County to procure in the open market equipment meeting or similar to those specified in the contract. The contractor shall be liable for liquidated damages for delay or nonperformance in the amount of $ 75.00 per calendar day from date set for cure until either the County reasonably obtains similar equipment if the contractor is terminated for default, or until the contractor supplies the equipment if the contractor is not terminated for default. lid AEC~UEST NO. · ~I~ClAI. TERMS ~D ~AOE ~ OF ~ ~. ~UBLE~I~ O~ C~CT: T~ contrK~ ~hl~ will be der~ed fr~ ~s bid r~que&~ shall no~ ~e Sub~ exCl~ w~h ZM ~i~en consen~ of ~ ~ocurement ~ervice$ Director, No Such consent ~h~ll ~e C~stru~ es making the Coun~ a pa~ to such su~on~rac~ or su~jectin~ the County to liablliw of lay ki~ to any su~ontractor. No subcontrlCt shall under any circumstances relieve t~ c~tr~or of lil~lKy and 0bligstion under mis conTrlc~ lad all Transa~ions with the County ~i~ through i~s Procurement Semites D~e~or mus~ be through the generll 8idde~ shill submit ~ their Md ~ I1~ of lay lad ~11 subGon~ract~ that will be used on those jobs w~h t~ ~r~nt~ge s~ ty~s of wo~ to be done by ~11 pa~ies. CONFORMANC~ TESTING: T~ CouflW rese~es the Yight to test ~11 iquipmenT delivered during t~ I~l of t~ ~l~ ~, It ~ i~e~ent le~rat~, To ~ designated by the ~r4ment Se~ DkKtor. If l~ple tested is ~t equsl or doe~ not G~fo~ to the spic,icKY, t~ e~ of ~ki~ s~h tests ~ ~ p~M by the ton~c~or lad the Cou r.e~es ~ to ~hile ~ Msewhiri. At the C~my's option, contrl~or will rem~e ~ ~ ~pm~t I~ ~lac., .t ~ ~hlrge, wi~h pens meeting ,~c~icatio~ e~ ply for lay ~nt dlmlg~ CBuI~ by t~ infe~or pl~. If, howev~, the ~t .bows t~ ~e to N ~1 ~o M conf~ to t~ spe~fi~lt~ns, thc coun~ shMI ~at the expense of ~ list. ~ly of ~f~or pl~ by the con~l~{i} may ~ clu~ for clncil~ion of t~ ~ot's 13. ~ ~ ~1 M~ I~fl su~ to ~rement Se~ioes a compos~e m~ of ~ntr~ct purc~s. M ~es M ~ices ~ued during ~he contrs~ padS. Same ihl~ surtaxed li~y [K) d~ ~ to ~ of i~i ~ict Hd~ I~ sixty (~) day~ prior to exp~,tlon of lay subfl~ m~el ~i. 14. ~ ~ ~uipment s~ll ~ bu~t f~ ~he U.S. Mlrket I~ sold by e authorized dealer. 1S. SERVICE. PARTS. ~ ~T~ PAM~L~K: The delivered ~p. retus shall include lelst ~o set~ of kM IM eKh ve~ ~ t~N [3} c~ill of se~ice, illu~rated pens descriGtion to ~ 0f ~ Ix~id Wl~ t~ ~ iii co.neat pins .nd one (1) r~st level vM~ ~lini~ t~ f~ tM c~s I~ ~], ~d operltor's msnuals. Include ToMs equ~ent nlCllll~ for ~11 hi Kj~K. A peplum plate must ~ mounted in driver's complainant ~kh Wflei mi quinti~ and ~y~ of fluids r~uired including e~ine mi. engine coMa~, ~eMmil~n, ~p ~ll~ion ~bdcl~ion, pump ~im~ and drive axle. 16. ~ ~ con~or ~11 ~rovide Q~erator training .ufficient To en~e efficien~ o~rl~ion of ~ ~(~). ~s Ihlll ~ ~ovid~ a~ no charge by the comracto~. ~ 7. ~ ~rl ~st f~nilh with the bid i s~atement identifying where end semite for ~ b~ equi~ent ire ~lill~e to t~ Count. 18. ~ The c~tr.cTM I~11 dllivtr iii necesllry p~per, required for licensing the ~io ~u~lnt to dkl C~ F~e & ReKue Maintenance Plcility, 25208 Kirkw~ Avenue, A~IZulI. Floral ~7~. Vehicles shall be ~itled: 8o~d of County L.ke Coup, F~id~ M~C.L~ TIIM~ AND COUOrl'~ II)&GiE 4 Op ! P.0.8ox 316 W. Mein. ~m 429 Teveres, ~orMe 32776-76~ 8Id p~. ~fl incl~l ~hl cos; of ve~k ~les. ~ali~ ~. will be in ~d~e w~ ~he ~les ~ r~ul~i~ of ~ Dep,~e~ of H~hw~ ~ I~ ~t~ Ve~les whi~ re~ui~ the contour to o~n Ti~e fM Units ~11 be del~ered wi~ el~ of the fol~ A. S~temen~ of ~in C. ~y of ~ ~e r~ E. ~ of m~m M~ce to deaMr. F. DHMV 82~, ~ for ~t~ ~ b I~ ~ r~l~Kon C~k fM ~ H. T~ ~ ~d ~ d~y e~e~ lg. ACTIVELY E;N~.ni=l~ IN MANUFACTURING: Only NN~rltuI W fTM/I aM~p~nill which ere K~vely engiged In m. nuf~--~tng K)p~lms oomporable to thru .l~eOlfl~l ~ will tbe Couoty for the mpek Ind lin~ of the IM~. Evidir~,e of luch m flailRy Ihllt be Inolucled In bldder'~ .ubmlt~l, 21. UJlN'I'GHANCE AGR~L=MENT: A mMm~r4nce ~'wnem ~ be .yew to th~ C~anty Iftlf the ixplrltion of the IMItu~ worrlnty periQd. Bidclor Ihi# oubmk i copy of thl pro~d m~nten~nc, ~oment with th~ 22. ~ A~imtu~. to Insure Ixopir b~eak In of ~1 G'MnIwxmtl while r. JII under wormnty. cle~vmy engir4or reFeMmJng the ~ shell deliver the ,lNWatu, ,nd remain for I length time ~uffiGient to thoroughly Inltmct required porlonnd in tJte Mollor (X)erltion. cie ind maint~nlnM of the equipment de6venKI. 23. ~: Fi~tmy KMduJing deley, mu~t be re~ned to ~he County within twenty- foul (241 hours of your notifir~on, 24. PERFOI#J&N~; T;~T~ ANn REE]UIR;MENTB: A rolcl te*t ~ be Gonductld with the q~wetu$ fully I(W Ind e continuous run of ten (10! mM or more ~ ~ midi uix~ driv~ cond~Jons, dur~ whi,.-'h W the ~ermue ,hil Ih~w r~ k)~ of ~wer or ove~elting. The IT~rmm4u~oh drive .Mft or .h~tl..nd Mor mdl4 shell run quay end be ftN from Mx~mel vflxetion o~ noise throughout the (Nwltine range of the Yelll~le ehell iclhere to the foJlowlng l~rlmm: A. The 1fora to rem we~ht dil~b~on of :he fu#y Ioeded veh~,le (11 defined by Iptdiceble NFPA guidelineel M be wffhin the limits set by the c~M mltufoututlr. The front Ioed shift not be lell thin the minimum ex]e loads ~ecifled by ~ chelltl mlnufioturor. lid AEQUEST NO ~$.? SO u~de~ furl (aid and iff o~er ~oad~ng seeonOs on ·tevel concrete highway without exceeding the maximum governed rpm of the engine. C. The service brakea shall be capable for itopping the fully loaded vehicle m 35 feet a~ 20 mph on level concrete highway. D. The appa~atul, fully Joad~, shall be capable of obtaining i speed of 60 mph o~ a level concrete highwly ~h ~e e~gine not ~ceed~g ~ governed rpm 25. ~: In the event ~e I~ltui faill to meet the test requi~ement~ of thaaa specifications o~ the first trial~, aeco~ ~iala may be made at the optio~ of the bidder within thi~y (30) ~ys of ~ date of the flrlt ~l.ll, ~ueh ~1~ ~hall be final end concluaive and failure to comply w~h ~e8a r~iremen~ ihall ~ cause for rejection. Failure to comply with changll as t~ County may c~stder ~cllll~ to confo~ ~ any cllule of the 6~GJfiea~onl w~hin thi~ {30) days a~ ~icl il g~en to the bidder of ~uch. changl8 shaft al~ ~ =aura for rljl~on of t~ lpplr~l, P~i~ion to kee~ or 8tore the eppa~atu~ in iny buildi~ own~ or ~cupied by ~e ~u~ or ~ u~e by tht Coun~ ~d~ t~ i~vI 8~cified pefi~ with the ~illion for ~e b~der ahlll not conlti~e ~ceptance. 26. ~E-CONSTRUCTION CONF~RBNCE: T~ C~n~ r~uires ~at representative of the contremor and any ~ub co~t ~e~ · ~n~mction ~nfe~en~ to finalize te~nical specificlti~s fat each ty~ m~el to ~ purchased. T~ Senior Direm~ of ~ergen~ 5ewicel lhell co~er w~h t~ Co~lmor to schedule a date for each conferenoe, A final produ~on dra~ of ~a appu~l ~hlll be prepar~ by ~e Con~lctor and be approved by the County pd~ to ~mmion commencing. ~il dawing will ~me pa~ of the total contra~, a~ E muir lhow, b~ not be limited, to aueh ~eml a the =haos~ being utilized; lights; horns; sirenl; ¢0mpa~ment I~afion a~d dimensions; ~tc. P~t il to ~ a visual inte~prltltion of ap~r~uS tO ~ built, 27. INSURAN~B ~D BONDS: ~e Con.lurer Ihell ~o~l and' maintain during the entire of the contrl~ insurance in the ~o~ng t~is l~d limits wffh ~ Company or companiel i~ho~ized to do ~linea~ in ~ St~ of Florida, The Contriver e~ll not commence work under the con~act until the Coun~ htl ~eceiv~ on acceptable =a~ificate ~ ce~icate~ of insurance eviden=ing thl r~uirld insurance iX } Ge~ll ~a~lity insurance on f~m8 no more restrictive than the IBte~ edition of t~e Commercial Glnerll ~aNlity policy (CG ~ 01 or CG ~ 02) of t~ Inaurance Office o~ equivalent w~ut re8~i=tJve indo~sementl, wffh t~ following minimum limits end coverage: iX ) Go.roi ~ability (X) Each Occurrence/General Aggregate IX ) Pr~ucts-Compteted Ope~ation~ ( ) Per~onal & Adv, Injury Sl,~,~ ( ) Fire Damage ~1,~0,0~ I ) Medical ~pense I 5,0~ ( ) Contrlctual Uabil~ BIO REOt. JES? UC. ~,~,ol GO SI~C~AL TF.~MS ANO CONDdI'IONS ( ~ X,C,U ( ) Automobile liability insurance, including owned, non-owned and hired autos with the following minimum limits and coverage: Combined Single Limit $ 300,000 or Bodily InjuW (per potion) $ 100,000 Bodily Injury Iper accident) $ 300,000 Property Damage $ 100,000 { ) Lake C~unty, A Post, cai SubdNItlon Of The State Of Florida, And The Board Of County Comm~Jonefs, shall be name es additional ineurad es their interest may appear on the: ( ) general liability policy ( ) automobile liability polioy IX I Workers' compensation insurance in aCCOrdance with Florida Statute. Chapter 440, and/or any othei applicable law requiring workl~l' oompensation (Federal, maritime, arc), ( I Valuable papere with minimum limiu of $100,000. ( ) Builder Risk ineuranoe policy written on "ell risk' perils. { ) Professional liability Imedlcel malpractice, engineers, architect, coneultant, environmental, errors end omieaiona, arc.) insurance es applicable, with minimum limite of $500,00 and annual aggregate of tl .000,000. IX I Certificates of ir~urance cheil provide for a minimum of thirty 1301 dave prior written notice to the County of any change or cancellation of the required insurance. IX ) Certificates of inlurance cheil identify the contract, project, etc. in the Deecription of Operations section of the Certificate. (X ! The Contractor cheil be responsible for subcontractors and their ineurenco, {X ) Certificate holder shall be: LAKE COUNTY, A POUTICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE BOARD OF COUNTY COMMISSIONERS. P.O. BOX 7800 TAVARES, FL 32778-7800 (X) Bid bond in the amount of SeA of the bid, f Xl A contract performanoe surety bond end labor end materiels I)a~ent OonO satisfactory to the County equat to one hundred percent {100%) of the estimated contract amount, The bond must 13e adjusted annually to cover the estimated dollar amount of purchesee for that year. NC). 28. YEAR 2000 COMPLIANCE: In an effor~ to protect Lake County, Florida (hereinafter 'County') against unl~lanned and unnecessary buliness interruption, contractors accepting I~u$inaaa from the County ~h~ld ~ ~were of t~e following concerning Y~R 2~ COMPLIANCE of hardware, so.were .~ ~ystems and ot~r e~o~ic d~e s~ns~ive ~urc~ase~. The lap.age con=ained herein, is inco~orsted and mede a pan of any lubSlQue~ cO~l~ resuming from this bid request. *Notwithsta~ing any provisions con~in~ in the con~ull Igresment, the wa~ra~ feud-free ~a~ ~ flu~-fr~ r~ in t~ pr=c~ dire ~nd d~te~elated data {includi~, ~t ~ limit~ t~ c~lc~sting, c~paring ~ se=ue~t~} =f III ~lrdware, I=ftwlrl ~ l~ems ~ ot~ ~onic d~ Ilnl~ivl g~dl dl~vlr~ s~ services ~ovided u~ lny ~bMquent ~ r~ fr~ t~8 ~ r~ue~ 'c~ract'), i~i~dull~ ~ in comMni~n, II me gM rely M ff~ the effects date of the contrl~, AI~, ~ ~tr~tM WlR~ N ~ 2~ clicul~Wni ~11 be ~G~nizeO Igtomm~lted ~ ~11 ~t, in iny wly. reeu~ ~ h~dwlre, lo.ere or fi~ware faille. The Coumy, st ~s sole ~n rely ~u~ ~ ~n~a~M, ~ Iny ti~, to demonstrate pr~lS ~ ime~l ~ follow in ~ to c~y ~ ~ me ob~ contained.herein. h 0~i0nl c~ here~ ~y m g~s ~ded by t~ ~tr~or, its or ~y thud ~ i~ ~ ~ m~ of ~ ~ TO ~ deliv~ to the CouflW ~ con~ect. Flilur. to c~ply ~h ~ny of ~ ~ns co~li~ herein, may ~esuK in the Coun~ availing ~f of ~ll ~s ri~ ~i~ tO t~i~on ~ ~f~uK. T~ wa.antics c~ned ~retn ~e I~stl K discr~e fr~ any other we.lnti~ in the so.ri=t. ~ ~ ~t ~uNect m ~ ~1~ of w~nW ~ limK~i~ of .nnlxel or e~y do~ inc~ed in ~e c~ ~ reference,' 29, ~ ~ to the ~ ~w, ~ny co~ ~ri~ fr~ this ~ termin~d by t~ C~ ~ ~y (~) d~ ~dv~e w~en ~t~e to the contractor; bm ~ ~ny work ~ ~ ~er b in ~ ~ n~ =~M ss o~ the da~a of terminlti~, then sl~ c~ct rely H m~ up~ ~i~en e~ovII of the County until said wo~ ~ II~fl II ~ld ~ ~cc~tK. T~in~i~n f~ C~vanianaa ' In t~ ev~ ~t t~ ~ntr~ · ~minit~ or canceled ~on reGuest and for conveni~ of ~ ~, with t~ reQuirK thi~ {301 dlyl advance written notice. t~n t~ Cou~ ~11 re~rse t~ con~lCtOr for .~u~l i.evocabie costs incurred The co~r~, if Terminsti~ ~ t~ County for cluse, deflult or negligence on The pe~ of the Contra=tot shall be excluded fr~ the foregoing ~ovision~ re,rain.ion costa, if .ny, shill not i~ly. T~e thi~ 130i d~ys advance nocice re~u~ement is waived iff the event of Tcrminafi~ SPECIAL TERMS AND CONDITIONS When funds ere not appropriated or otherwise made available to support continuation of performance in a subsecluent fiscal year, the contract shall be canceled and ~he contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the goods or ssrvmes delivered under the contract. 30. ~ij~i~[~a[~: Each bid must be accompanied by · set of detailed cot'lttactor's specifications consisting of a detailed description of the apparatus and equipment proposed, All bid proposal specifications must be in the same sequence as the advertised specification for ease of comparison. These specifications shall include size, location, type, end model of all component parts being furnished, Detailed information shall be provided on the materials used to construct all facets of the apparatus body. Any bidder who fails To submff detailed construction specifications, or who photo ¢opiel ind submits theee speciflcatiOnl sa their own construction details may be considered non.responsive and may render their bid ineligible for award. 31. ~.~PLAC~MENT PART~IOPTIONAL FOUIpMFNT: The bidder shall include ss part of their bid list of recommended OEM replacement parts m~d o~tionel equioment to include guaranteed dativety time (stanclard end emergency) guaranteed pricing or price stmcturi and/or discount terms to apply. The bidder must be able to supply 90% of parts required to meimain this equipment within 24 hours end have iOclll to the remaining 10% of parts within 72 houri. The bidder will supply upon request original manufacturer part numbers crossover for pans which are not manufa~ured by the equipment manufacturer ef~er the award of contract and prior to the delivery of equipment. The bidder shall include is part of their bid suggested stocking levels for replacement peril (See Attachment 32. ~/ARRANTY (CONTINUED}: The bidder shall have full responsibility for warranty of components of the ecluipmem. A statement shill De attlched with the bid setting out the conditions of the wenenty{a). The manufacturer's standard warranty ahall be furnished. Warranty chili include parts end service for · minimum of two (21 yasrl. Warranty shill become effective when the vehicle is accepted by the County rather then time of delivery. Vehicles and ecluipment must meet all ANSI, SAE end other applicable standards. It is the County's deeire to have · warranty policy made with one company and to be able to execute all warranties through one service department. if the bid offered includes more than one warranty or more than one service department and parts department then a list molt be provided of difference dealer hemal end Ioc&tionl, The The bidder shall include es part of the bid, a quotation on any exzended werranty's wl~ich may be offered by the bidder or OEM, TEEMS ANO PAQE $ QF S ~: The County reserves t~n$ righ~ to make minor changes to the awaraed b~cl apparatus prior to ordering. ;HIP TO ADDRESS: LAKE COUN~ ~GENCY SERVICES ~ P~EOUIRED ON EACH OP.D~R PO BOX 7800 TA%~R~S, FL 32778-7800 ~ 'rs ~ ]Rq ORD~ Prices F.O.a. Destiaa=io! UNIT EXTENDED ~EQ. ITEM NO. NO. ITEM A~D SPECIFICATION ~qTITY UNIT PR/CE PRICE 1. FIRE A~PARATUS, PE~ pP.E~ING S SPECIFICATIONS STATE SET pERCENT A~OVE BIDDEI~'S NET COST FOR '~.-.~ FOLLONING: v,,;. ~ CLF, S: 4 v,.-r."~'.~ ACC~SSORLES: 1 0 STATE PERCENTAGE DISCOUNT FROM IDENTIFIED PRICH LIST(S) FOR FOLLOWING: CAB/CHASSIS PARTS: I ~ PRIC~ LIST~~-~ OEM P DATE OF PRICE LIST 2{99 BODY PARTS: ] 0 pR/CH LisT~OEM PPC DATE OF P£ICH LIST 2/99 / ~ ~ose~m Jomson I 1/2%, Net 10 { Tel. No. (3S2) 343-9765 27O Days ARO hereby agree to furnish the icem~ on which prices are quoted :ovdance with all terms and ¢ond~=io"~ previously listed and any at=ached specifications. _~y Namepj~c~ Manufacturing, Inc. FEIN# 39-03 39830 Date 6/2~ /99 Wisconsin 5491 5 American ~rive __ city, State, Z~PApplet°n' tress 2600 ~.-,h~,-+' ~' ~,,.~,,~ ~__.,~._ .,_ 407 328-5081 ohnne P.O. Bc~c 7800 315 #o ~i.tn, Roc~ 418 Tavi.css, FL 32778-7800 ~B IS NOT AN OP.D~ Prices F.O.B. Des:ina=ion R~Q. ITEM PER--AGE NO. NO. ITEM AND SPECIFICATION DISCOUNT BIDDER HAS INCLUDED A DESCR/PTION OF CONSTRUCTION?. ~ES x NO NEAR.~ST FACTORY Au'~'~ORIZED PARTS A~D SERVIC~ FACILITY. MI~$ FROM FACILITY TO ASTATULA, FLORIDA: &K m~3 .~ NaM~/TFT,m~gON~ NUMB~ OF CONTACT Dou$ Burns ,Tn. Hnffmnn I-SQQ-?2R-R~6~ Brndenton &07 328-5081Sanford 1-800-519-$&T& 9aser 352 &06-7089 cellular 352 7&2-0896 home hereby agree =o furnish =he items on which przoes are Tao=ed a~ove and on subsequenu pages -dance wi=h all ~erms an~ condinions previously listed and any a=zached specifications. .... pany Name Pierce Manufacturin~r Inc. Date ,i5 ~. ila.'l.n, ~oc~ 4't6 'avaree, FL 32'778-7800 P=:l. css F.O.B. Des~:.ination .~EQ. I~ ~T NO. NO. 1'~'~ ~ SPECIFI~TION Q~I~ ~T PRI~ PRI~ (~ 24 MO~T~) LIST ~.~.~ W~IES 0~'~'~, ~Y ~ST OF ~ EQ~ 0~'~'~ FOR ~SS~Y) . ~G~ ~Y T~ FOR DAYS ~O ~liver7 tfme ~7 be less dependin~ upon chassis availabilitT. ~ce wi=h all =e~ ~d con~=io~ previously lis=ed ~d ~y a==ached specifica=ions. Authorized Sales Representativ ~ORIZ~ SI~A~ ,~' TI~ Pr4css F.O.B. Dee=ina=ion NO. NO. IT~24 A~D SPECIFICATION 0~TITY UNIT PR/C~ PRICE Exceptions/Additions to specifications ~ YES' NO · If YES. attach separate sheet detailing NOTE: I! shall be unacceptable for any bidder to make ~he statement "see specifications" in lieu of listing all exceptions/additions from the preceding specifications. It shall also be unacceptable for any bidder to submit manufacturer's literature in lieu of the above. All exceptions/addi~ons to our specifications shall be either handwritten or typed on an at~ached separate sheet. Does not effect bid a~r~rd. COOPERATIVE PURCHASING BY OTHER INSTITUTIONS UNDER THIS CONTRACT If'Lake County awarded you the proposed contract, would you sell under the prices and terms of this contract to any Municipal, County Public Utility, Hospital, or Educational Institution having membership in POOL {Purchasing Officials of Lake)or SICOP {Six County Co-operative Purchasing Association}? All deliveries shall be F.O.B. Destination end there shall be no obligations on the pert of any member of POOL or SICOP to utilize this contract. (Check one, Yes x No c...~ce w~h all =er~s and condi=ions previously lis=ed and any aC=ached specifica=ions. ~pa~y Name PSerce ManufacDUFin~,, Inc. __ DaCe ~/21/99 THORIZED SIGNR'gu~E TITLE Authorized Sales Represen[al:~ve VII.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM B.5. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August6,2002 July l7, 2002 (5:00p.m.) [] October l, 2002 September l6, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfmishad Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the award of bid for the sale of the 4COP Liquor License held m escrow by the City in the amount of $55,250.00, to Realty Masters, d/b/a The Fraticelli Companies, Inc. EXPLANATION: When the City purchased the Murey's property, part of the purchase included a 4COP Liquor License. The City contacted the State of Florida, Division of Alcoholic Beverages and Tobacco, and this license was placed in inactive escrow pending either a sale, or some type ofnsage of the license by the City. One of the requirements of the "inactive escrow status" is that the license must be active for a total of 210 days between October 24, 2002 and October 23, 2003, and must be activated no later than March 23, 2003. Failure to comply with this requirement is a violation of 561.29(1)(i), Florida Statutes, which could result in administrative charges being filed against the license. The Division may waive or extend the requirement to activate this license for good and sufficient cause. City administxation, through Procurement Services, advertised the sale ofth/s license through a sealed bid (No. 082-1210-02/CJD). The bids were opened on September 10, 2002, and three bids were submitted. A copy of the Tabulation Sheet is attached hereto. It is the recommendation of staff that this bid be awarded and the license sold to Realty Masters, d/b/a The Fraticelli Companies, Inc., as the highest bidder, in the amount of $55,250.00. PROGRAM IMPACT: n/a FISCAL IMPACT: ALTERNATIVES: Award the bid to one of the other bidders for a lesser mount, or leave the license in escrow, owned by the City of Boynton Beach pending utilization or sale of the license by the Ci~ ~a?~Ddate. Department Head's Signature " ~ty Manager's Signature City Manager Department Name ,~ City Attor~/-l~inance / Human Resources S:kBULLETIN~FORMS~AGENDA ITEM KEQUEST FORM.DOC THE FRATICELLI COMPANIES, INC. POST OFFICE BOX ! 465 TAVERNIER, FL 33070 305-853-0424 September 9, 2002 VIA COURIER Procurement Services CITY OF BOYNTON BEACH 100 East Boynton Beach Bird Boynton Beach, FL 33435 Re: Sale of Palm Beach County Liquor License ~0-00003/40OP Dear Sir or Madam: This letter shall serve as our offer/bid to purchase the above referenced 4COP quota alcoholic beverage license presently issued by the DABT in the name of the City of Boynton Beach. $55,250.00 ALL CASH Our all cash offer is contingent upon the license being free and clear of any and all liens, encumbrances or charges of any nature or kind and current and in good standing with the DABT. Should you have any questions or require anything further in this matter please do let me know. Very truly yours, THE FRATICELLI COMPANIES, INC. Paul J. Fraticelli, President V[I.-CONSENT AGENDA O ITEM B.6. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tamed Meetina Dates in to Ciw Clerk's Office Meeting Dates in to Ciw Clerk's Office [] August 6, 2002 July 17. 2002 (5:00 p.m.) [] October 1, 2002 September 16. 2002 (N~5~ [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 Septernber 30, 2002 (Nb~) [] September3,2002 Augustlg, 2002(Noon) [] November6,2002 Octoberl4.2002(Noo~).. [] September 17, 2002 September 3, 2002 ($:00 a.m.) [] November 19, 2002 November 5, 2002 (No~ [] Admmis~ative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to accept the proposal from Partner Plus, Inc. for the "Three-Year Lease for Concession Operations at Boynton Beach Municipal Beach, Oceanfront Park, RFP #077-2710-02/KR -AND- to negotiate the terms of a lease agreement. Annual lease payments will be made to the City of Boynton Beach. EFFECTIVE DATE OF LEASE: November 1, 2002 to October 31, 2005 EXPLANATION: On August 29, 2002, Procurement Services received and opened three proposals. An Evaluation Committee was formed consisting of Wally Majors, Recreation Director, John Wildner, Parks Director, Jeff Livergood, Public Works Director, and Margaret Murphy and Betty Thomas, Recreation/Park Advisory Board. Criteria considered were the amount of lease offered to the City, menu and quality of items to be offered for sale, qualifications of staffing, references, and proven ability. Partners Plus, Inc. of Boynton Beach, Florida received the highest number of evaluation points. We recommend the aceentanee of the proposal submitted by Partners Plus, Inc. Beach patrons average 17,526 per month and the principal objective is to assure the public of satisfactory service and quality of products at reasonable rates. The Concessionaire will provide an operation that will be customer oriented with prompt service where customers will be greeted with a courteous greeting and thanked for each sale. We recommend the negotiation of a lease agreement to meet these standards. PROGRAM IMPACT: The purpose of this Request for Proposal is to secure a three-year lease with a Concessionaire to supply and operate the food and beverage services at the Boynton Beach Municipal Beach, Oceanfront Park, located at 6415 N. Ocean Boulevard, Ocean Ridge, Florida. The provisions of this lease agreement allow for a renewal of two (2) additional one (1) year periods at the same terms and conditions if it is in the best interest of the City. FISCAL IMPACT: This lease agreement will generate revenues to the budget as outlined below: REVENUE ACCOUNT ANNUAL INCOME Snack Bar Rental Lease Agreement 001-0000-362-79-00 $ 20,400.00 Year One $ 21,600.00 Year Two $ 22,800.00 Year Three S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC / O CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Deputy Director-of Financial ServiCes J '~[/~/~ City Manager's Siga~ure Procurement Services ~ Department Name City Attorney / Finance / Human Resources cc: Wally Majors, Recreation Director Jeff Livergood, Public Works Director John Wildner, Parks Director File S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RECREATION DEPARTMENT MEMORANDUM NO. 02-51 TO: Bill Atkins, Deputy Director of Financial Services FROM: Wally Majors, Recreation Director .~ DATE: September 23, 2002 SUBJECT: Recommendation for Beach Concessions Operation The following panel reviewed the three proposals we received for the beach concession operation: · Wally Majors Recreation Director · John Wildner Parks Director · Jeff Livergood Public Works Director · Margaret Murphy Recreation & Park Advisory Board · Betty Thomas Recreation & Park Advisory Board Partner Plus, Inc. received the highest score from the panel for their proposal. We recommend accepting their proposal and begin negotiating terms for a new Lease Agreement. c. Wilfred Hawkins /wm by Partner Plus Inc. RFP# 077-2710-02/KR PROPOSER ACKNOWLEDGEMENT Submit Proposals To: PROCUnKEMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Flor/da 33425-0310 Telephone: (561) 742-6322 Mailing Date (City): August 5, 2002 RFP Title: THREE-YEAR LEASE FOR CONCESSION OPERATIONS AT BOYNTON BEACH MUNICIPAL BEACH, OCEANFRONT P.ARK RFP Number: 077-2710-02/KR RFP Received By: AUGUST 29, 2002, NO LATER THAN 2:30 P.M. (LOCAL TIME) RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for: August 29, 2002, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days at'~er such date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Partner Plus, Inc. dba Boynton Beach Snack Bar Federal I.D. Number: 63-010-1 I S7 A Corporation of the State off Florida Area Code: 561 Telephone Number: 734-0897 Area Code: 561 FAX Number: 734-0897 Mailing Address: 2399 S.W. 13th Way City/State/Zip: Boynton Beach, FL 33426 Vendor Mailing Date: A~hor/zed Signature Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 August 28, 2002 Procurement Serwces I O0 E. Boynton Beach Blvd. RO. Box 310 Boynton Beach, FL 33425-0310 Re:Three Year Lease for Concession Operations at Boynton Beach Municipal Beach, Oceanfront Park Partner Plus, Inc. -~a name that defines who we are as well as, who we aim to be--would like to thank you for this opportunity to submit our proposal for the three year lease for concession operations at Oceanfront Park. A true partner understands how much commitment, dedication and service pt takes to gain a good reputation and to attain success. We have over 800 customers that will attest to the fact that our friendly and courteous serwce has made them feel welcome at Oceanfront Park and we are part of the reason they enjoy their da~ visiting. Our commitment is not only to the visitors of Oceanfront Park, but to the city of Boynton Beach. When Nathan Boynton settled in this area and pt became his namesake, we're sure that he intended ~t to be a place for family gatherings and beautiful beaches. Our goal has been to provide not only great service, but to become part of a community that wants to continue Nathan's vision. By providing the highest qual~y in food, the toughest standard of cleanliness and the largest smile of happiness, we feel that our commitment to family and beautiful beaches has not declined, but increased. Within the I~t 16 years of concession operations by Partner Plus, Inc. the city has seen improvements to the menu, to the equipment and to the whole operation. With your consent, we are willing yet to increase our level of participation in activities relating to Oceanfront Park and to the operations of the concession. As we have been operating successfully for many years, we ask that you grant us the Three Year Lease for Concession Operations at Boynton Beach Municipal Beach, Oceanfront Park beginning November I, 2002. Respectfully submitted: Partner Plus Inc. d.b.a. Boynton Beach Snack Bar Lyse B. Stecko President PROPOSAL BLANK RFP PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Proposers: Date August 28, 2002 The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service called for. The undersigned proposes to deliver services in accordance with the specifications for: "THREE-YEAR LEASE FOR CONCESSION OPERATIONS AT BOYNTON BEACH MUNICIPAL BEACH, OCEANFRONT PARK" MONTHLY LEASE PAYMENT TO CITY OF BOYNTON BEACH OCEANFRONT PARK CONCESSION OPERATIONS PAYMENT EXTENDED PRICE PER MONTH PER YEAR YEARONE (1) OF LEASE $ $1,700.00 $ $20,400.00 YEARTWO (2) OF LEASE $ $1,8oo.o0 $ $21,6oo.oo YEARTHREE (3) OF LEASE $ $1,9oo.o0 $ $22,aoo.oo RENEWAL YEAR NO. ONE (1) (if applicable) $ $1,900.00, plus cost of living (negotiable) $ RENEWAL YEAR NO. TWO (2) $1,900.00, plus cost of living (negotiable) (if applicable) $ $ ALL PRICES F.O.B. BOYNTON BEACH / Number of proposals submitted: [ Six (6) copies o f proposal submitted: ~ YES/NO THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 19 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Proposal continued .... Written sample menu submitted: Statement of Proposer's Qualifications submitted: YES/NO Schedule of Subcontractors submitted: YES/NO Evidence of possession of required licenses and/or business permits enclosed: l YES/NO COMP/~XrY N/dVm W SIGN^TU~E PRINTED NAME TELEPHONE NUMBER TITLE THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 STATEMENT OF PROPOSER'S QUALIFICATIONS Each Proposer proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each bid document. Failure to comply with this instruction may be regarded as justification for rejecting the proposal. * attach additional sheets giving the information 1. Name of Proposer: Partner Plus, Inc. dba Boynton Beach Snack Bar 2. Business Address: 61 I 5 North Ocean Blvd. Ocean Ridge, FL 3343S 3. When Organized: 1987 4. Where Incorporated: March I I ~ 1987 5. How many years have you been engaged in business under the present firm name? 16 years 6. General character of work performed by your company. Our company provides the know-how and experience to operate small, medium or large concessions of which each would include: menu aeleetion, food & equipment purchasing options, selection of managerial staff, review of full as well as. Dart.time staff, training, in the .se, nC Itierk~n n.n.~l;nn~'an nnd attentive customer service, cash handling, kitchen and grounds sanitation, ¢ourtes.v a.o?li~atinnn and ~ra:~ hi~tnry. 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. Nine 9. Background and experience of principal members of your personnel, including officers. * OK 10. Bonding capacity. 11. Have you ever defaulted on a contract? If so, where and why?*No 12. Experience in performance of work similar in importance to this project, Rev o5/3o/o2 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PROPOSER'S QUALIFICATIONS continued ...... Project $ Value Contact Name Phone See attached 6. Contracts on hand. * 7. Largest completed projects (include final cost). IliA l) 2) 3) 15. List all lawsuits (related to similar projects)or arbitrations to which you have been a party and which: * 1) arose from performance: * 2) occurred within the last 4 years: * 3) provide case number and style: * Dated at: ~C '~/9 3'a r~ /% ~ ~,c ~- ff~ 28 August 02 this __ day of 20 By: ~? /~.~' o (written signature) Lyse 8. Stecko Name: (printed or typed) Title: President THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE ,SAND ACCEPTABLE 22 August 28, 2002 Procurement Services 100 E. Boynton Beach Blvd. PO, Box 310 Boynton Beach, FL 33425-0310 Re:ThreeYear Lease for Concession Operations at Boynton Beach Municipal Beach, Oceanfront Park Along with this statement of our qualifications you will find letters of reference from two of our suppliers, Sysco Food Services and Protano & Sons, inc. as welt as one from the Town Manager of Ocean Ridge and our bank, PointeBanl~ At one time in our country's history, people from foreign countries wishing to live in the United States had to provide a letter of reference. This letter was not given freely, infact, you were considered lucky to have had one. Today, a le~er of reference is just as important, It means that someone ~s willing to take the time to stand beside you through the written word, Lyse Stecko has a reputation of producing great work for a great price. Companies and their associates are comfortable writing in Lyse's behalf because they have seen her at work and they know that she works hard. With each project she undertakes, she does it with the client in mind. As a people person, Lyse goes out of her way to bring something unique to each venue. For instance, Boynton Beach Snack Bar offers homemade chill. What a treat to be able to taste something homemade while enjoying your day at the park. Not only does she try to bring something unique to each venue, she is consistent and steadfast in her resolve to do it right~ She's not a drifter and her track record will prove it. She's been at the Boynton Beach snack bar for 16 years, the Boynton Inlet for two years, the Boynton Beach Golf Course for 5 years, Le Cafe for two years and Tee-Off Restaurant & Lounge for 6 years. Her level of expertise can not be contained. She feels just as comfortable with a 76 seat establishment as she does with a 175 seat company and has a lot of new ideas to bring to Oceanfront Park and the City of Boyn~on Beach. Respectfully submitted: Partner Plus Inc. d.b.a. Boynton Beach Snack Bar August 28, 2002 Procurement Services 00 E. Boynton Beach Blvd. ,~.O. Box 310 Boynton Beach, FL 33425-0310 Re:ThreeYear Lease for Concession Operations at Boynton Beach Municipal Beach, Oceanfront Park The pnncipal members of our personnel file make up some of the finest food service employees known in this area. Lyse B. Stecko President Our owner/operator, Lyse B. Stecko and Florida Food Manager, Roman V. Stecko bring more than 32 combined experience in the food service industry. With full ownership being held by Lyse Stecko, as President, Partner Plus, Inc. is a minor~y owned and women operated business. Lyse has worked with the Boynton Beach Snack Bar for approximately 16 years. prior to that she managed the concessions at Boynton Inlet. Boynton Beach Golf Course, LeCafe restaurant and Tee Off Restaurant and Lounge. Of all of the projects that Lyse has been involved, each have shown a marked improvement ~n sales due to her friendly and outgoing personality. She spends most of her week at the concession making sure that all items are in place and that all is running smoothly. Roman V. Stecko Food Manager Roman comes to Partner Plus, Inc. as a certified Florida Food Manager, which requires full knowledge of the food industry and strict rule adherence. This certificate is processed through the Division of Business and Professional Regulation of Hotels and Restaurants. tt is a process that is not to be taken lightly. 'oman continues to receive clean Food Service Inspection Reports for his efforts at the Boynton Beach ~nack Bar and is quite the culinary in his own right. Dennis A Durrant IVlanager Dennis is no stranger to hard work. He is dedicated as well as a hard worker He has been with The Negril Snack Bar for over 7 years and before his employment, served his patriotic duty in the Jama~can army protecting his country for 7 years and it's citizens. He is also a certified Florida Food Manager Server Carole has been a server in the restaurant industry for over 30 years. She has been with Partner PIus, Inc. for over 9 years. As you can see, the turn-over rate is very Iow with Partner Plus, Inc. and there must be a reason why, If you asked Carole, she would respond that she enjoys her job, her co-workers and the visitors. Mike Safranek Server Mike has been with Partner Plus, Inc. almost as long as it's owner, Lyse. a~though seasonal. He has been a part time/seasonal employee for over 12 years and the relationships he has developed with the daily visitors keeps him coming back, not to mention he en3oys his job. All of our employees come dressed in white polo shirts wrth the Snack Bar emblem embroidered on each shirt, black, beige, or white shorts or slacks and with an attrtude of helpfulness. We feel the uniforms add to the appeal of the Snack 'ar and offer a corporate look to our employees. In addition to att list above, currently there are three men and one woman of which are receiving the proper tra~mng needed to be ready for this season. We are excited about our new hires and are looking forward to their future success TOWN OF OCEAN RIDGE 6450 NORTH OCEAN BOULEVARD OCEAN RIDGE, FLORIDA 33435 TELEPHONE: (561) 732-2635 FAX: (561) 737-8359 KENNETH M. KALEEL ~ COMMISSIONERS MAYOR, CHAIRMAN OF COMMISSION ~ GAlL ADAMS AASKOV BETTY P. B BINGHAM KATHLEEN M, DAILEY BERND A SCHULTE TOWN MANAGER JEFFREY B. WILLENS August 22, 2002 Boynton Beach Snack Bar % Lyse Stecko 2399 SW 13th Way Boynton Beach FL 33426 RE: Boynton Beach Snack Bar Dear Lyse Stecko: As per your request, please allow this letter to serve as confirmation that the Town of Ocean Ridge is aware that you have had a lease for the Boynton Beach Snack Bar with the City of Boynton Beach since 1987 and you are seeking to renew your lease. The Town does not believe there have been any outstanding or negative issues with regard t~ your lease at the snack bar other than promptly renewing your occupational license on one occasmn. Should you have any questions feel free to contact this office at 732-2635. Yours truly, / Kathleen Ivl. Dailey Town Manager THE MISSION OF THE TOWN OF OCEAN RIDGE IS TO CREATE AND MAINTAIN A BEAUTIFULLY LANDSCAPED, DIVERSE SEASIDE COMMUNITY BUILT AROUND THE FAMILY AND CIVIC PRIDE, STATE OF THE ART PUBL)C SERVICES AND ~NFRASTRUCTURE THAT ENHANCES THE NATURAL BEAUTY OF OUR TOWN August 22, 2002 Re: Roman V. Stecko Lyse B. Stecko To Whom It May Concern: Please be advised that Mr. & Mrs. Stecko hold their personal checking accounts, as well as their business accounts with Pointe Bank. The accounts are maintained in a positive manner. Mr. & Mrs. Stecko are truly valued customers. If we may be of further assistance, please do not hesitate to contact us. Sincerely; Pamela Muras VP/Branch Manager SYSCO FOOO SERVICES o1 SOUTHEAST FLORIDA, INC. 08/23/02 To Whom It May Concern: I am writing this letter on behalf of Roman V. Stecko and the Boymon Beach Snack Bar located at 6415 North Ocean Blvd. Ocean Ridge, Fl 33435. Roman and the Boynton Beach Snack Bar has been a valued customer to Sysco S.E. Florida for the past 2 years. Roman insists on serving a good quality product to his patrons. His account is in good standing and has never been delinquent. It Fas been a pleasure servicing this account and to have the privilege to work with Roman and the Boynton Beach Snack Bar. If you have any questions or concerns please do not hesitate to contact me (561) 882-2326. Sincerely, Dennis Kunin District Manager Sysco S.E. 1999 Highway 710 · Riviera Beach, Florida 33404 P.O Box 198509 · Riviera Beach, Florida 33419 Phone: 561-842-1999' Fax: 561-882-0488 PROTANO & SONS, INC. 2301 N. 22 AVE., HOLLYWOOD, FL 33020 · PHONE (954) 925-3474 ~ DADE (305) 944-4825 FT. LAUD. (954) 527-4475 W.P.B. (561) 734-0001 Direct Dial 930-2253 FAX (954) 925-3488 August g, 2002 Boynton Beach Snack Bar 6415 N. Ocean Blvd. Boynton Beach, FL RE: Partners Plus (Roman) To Whom It May Concern: Please be advised that Roman of Partners Plus has been ordering products from Protano's Bakery since 1996. We value his patronage as a loyal customer over the past six (6) years and look forward to providing goods and service to Roman of Partners Plus for many years to come. We, Protano's Bakery, delivers six (6) days a week from Florida City to Stuart. We offer a full line of fresh baked breads, rolls, pies, cakes, muffins and danish. I have enclosed a brochure and price lists for your review. Roman, on behalf of the Boynton Beach Snack Bar, consistently orders items such as kaiser rolls, hot dog buns, and assorted muffins on a daily basis. If you have any questions or concerns, please do not hesitate to contact me at (561) 734-0001. Sincerely, Toni Moore, Office Manager Enclosures as stated Partner Plus, Inc. dba Boynton Beach Snack Bar MENU Boar's Flead turkey dog, presented in a Protano Bakery hot dog bun. Served with, fresh, single serving Kraft condiments. Hebrew National Hot Oog prepared to order with Protano Bakery hot dog bun. Hebrew National hot dogs can come prepared with American Cheese, Homemade Chili, or sauerkraut for an additional charge. Boar's Head Ham orTurkey Sandwiches, prepared to order on Protano Bakery Kaiser rolls. Fresh Lettuce,Tomato, Pickles and Onion can accompany each sandwich. Served with chips. Cheese or Pepperoni Pizza Sysco Pierre 100% pure ground beef for hamburgers and cheeseburgers. Served with Fresh vegetable side and on Protano Bakery bun. Tuna melt, so delicious it melts in your mouth! Served with a side of pickle. Kraft American Grilled Cheese cooked to order, on a Kaiser roll. Served with a side of pickle. Kraft American Grilled Cheese & Pepperoni cooked to order, on a Kaiser roll. Served with a side of pickle. Super Brand pretzels served hot, with single serving Kraft mustard for dipping. New item. s supplied by Sysco and cook. ed to .o. rder: On. ion rings, ?.lam strips served w,th Tartar sauce, Pop corn shrimp w~th cockta, I sauce, Ch,cken nuggets with appropriate dips, Mozzarella sticks and Fish sticks. Drinks include: Lipton Iced-Tea, Pepsi cola, Mountain Oew, Root Beer, Fruit Punch, Lemonade Gatoraide, Country Time Lemonade, Sara Lee juices, Zephyrhills bottled water, Swiss Miss hot chocolate, and Stonewood special blend coffee. NICE ICE slushes in strawberry, grape, blue raspberry, lemon lime, cherry, watermelon and orange flavors. Potato chips, and other snacks are also available for sale. Partner Plus, Inc. dba Boynton Beach Snack Bar MENU All ice cream is Gourmet Today's Frozen Oessert and comes in the following flavors: French Vanilla, Black Cherry, Chocolate Flake, Butter Pecan, Mint Flake, Cookies and Cream, Strawberry, and Sugar Free Fat Free Vanilla~ Ice cream is presented in a small cone or small or large cup. Sprinkles are available for an additional charge. Root Beer Floats are soooo delicious! You'll want to taste test this one. NICE ICE slushes are refreshingly cool. The flavors available are straw- berry, grape, blue raspberry, lemon lime, cherry, watermelon and orange The perfect beach time delight. In addition to the ice cream and NICE ICE, we offer candy bars such as Reeses Cup, Three Musketeers, MilkyWay, Hershey Bars and Snickers. NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER State of ~1)(,t~ County of i?il ~ ~q,.~,' ,~ , being first duly sworn, deposes and says that: (Title) ~e of Co¢oration or Fire) that h~ submitted the attached proposal: 2) He is fully infomed respecting the prep~ation ~d contents of the attached proposal and of all pe~inent circumst~ces respecting such proposal; 3) Said proposal is genuine ~d is not a collusive or shin proposal; 4) F~er, the said proposer nor ~y of its officem, p~e~, o~em, agents, representatives, employees or pmies in interest, includ~g tbs affi~t, h~ in ~y way colluded, conspired, co~ved or a~eed, directly or indirectly wi~ ~y other proposer, fi~ or pemon to submit a collusive or shin proposal in co~ection wi~ the Con~act for which the a~ached proposal h~ been submi~ed or to re~ain ~om proposing in co~ection wi~ such Con~act, or has in ~y m~er, directly or indirectly, sou~t by a~eement or collusion or co~unications or conference~wi~ ~y other propose, fi~ or person to fix the phce or phces in the attached proposal or of ~y other proposer, or to fix ~y overhead, profit or cost element of the proposal pdce or the proposal phce of~y other proposer, or to secure t~ough ~y collusion, conspiracy, co~iv~ce or unlaw~l a~eement ~y adv~tage against the (Local Public Agency) or ~y person interested in the proposed Con~act; ~d 5) The phce or phces quoted in the attached proposal ~e fair ~d proper ~d ~e not tainted by ~y collusion, conspiracy, co~iv~ce or ~law~l a~eement on the p~ of the proposer or any of its agents, representatives, o~ers, employees, or pmies in interest, including this affi~t. (Si~ed) (Title) Subscribed and sworn to before me ~is~r~~ dayof ~ c.~..~..* ,20( ~ THIS PAGE TO BE SUBMITTED ~ONG ~TH PROPOS~ IN O~ER FOR PAC~GE TO BE CONSIDE~D COMPLETE ~D ACCEPTABLE 23 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 proposed will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of girl, directly or indirectly by me or any member of my firm or by an officer of the corporation, Swom and subscribed before me this 24 ~ day of ~ ~..O,.~.$b ,20 07_ Printed Information: NAME TITLE NOT~Y P~IC,-St~te of Florida COMP~ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your proposal sheet making it an official part of your RFP response. ( ) AMEmCAN rNDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC J~ WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 25 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE PROPOSALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the City of Boymon Beach or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: l) Publish a statement notifying employees that the unlawfiil manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of suer prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under proposal 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 proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ~ff~ ffff~ V~dor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 26 occUPATIONAL Is hereby Licen~d to Engage in Business or Occupation of Clarification AMOO~T DATE L~ATION 6 4 1 5 N. Ocean Blvd. .o. xH..[.,oo CO..~NC~N~ Ocean Ridge, FL 33435 --] NoT[C~No L~cense shall be trans~_r~-ed except No L[cen~ sha~ ~ i~ued un%i[ persona[ prop- Boynton Beach SnaCk Bar erW ~x which nas ~en assessed a~ainst property ~ Karen Hancsak .~ - · "~'~-~ ' ~'~ ~ STATE OF FLORIDA ©R_~ · PALM BEACH COUNTY CLASSIFICATION OCCUPATIONAL LICENSE EXPIRES: SEPTEMBER .30- 2002 BOYNTON BEACH SNACK BAR ** LOCATED AT CNTY $31 50 ;~ARTNER PLUS INC PENL'i-Y $47.26 6415 N OCEAN BLVD COLLEC $20.00 OCEAN RIDGE FL 33435 ~ TOTAL $98.76 la herM)y liceneed at above addreae f~- the period ~ nn ng on the I r first day of October end ending on the thirtieth day of ~ember to I / THIS IS NOT A BILL - DO NOT PAY engage In the bueine~, profei~ion or eccupatlon of: I $98.76 OCC 520 04104 03-12-2002 JOHN K. CLARK, CFC THIS LICENSE VALID ONLY WHEN RECEIPTED BY TAX COLLECTOR, PALM BEACH COUNTY TAX COLLECTOR NAME OF RFP: THREE-YEAR LEASE FOR CONCESSION OPERATIONS AT BOYNTON BEACH MUNICIPAL BEACH, OCEANFRONT PARK RFP DATE: AUGUST 29, 2002 RFP TIME: 2:30 P.M. (LOCAL TIME) RFP #: 077-2710-02/KR STATEMENT OF "NO BIDS" LISTING VENDOR REASON LITTLE JOE'S AT THIS TIME WE WOULD NOT BE 370 WEST PATTERSON ROAD AVAILABLE TO TAKE ON SUCH A HAINES CITY, FLORIDA 33844 PROJECT PIER 60 UNABLE TO MEET SPECIFICATIONS P.O. BOX 3337 CLEARWATER, FL 33767 WM. THIES & SONS, INC. BEVERAGE LAWS INDICATE OUR SALE 201 EAST COAST STREET OF ALCOHOLIC BEVERAGES BE SOLD LAKE WORTH, FL 33460 DIRECTLY TO LICENSED VENDORS VII.-CONSENT AGENDA O REQUEST FORMITEM CITY OF BOYNTON BEACH AGENDA ITEM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meetine Dates in to City Clerk's Office [] August6,2002 Juty17, 2002 (5:00p,m.) [] October l, 2002 September l6, 2002 (Noon) [] August20,2002 AugustS, 2002 (Noon) [] October lS, 2002 Septeraber 30, 2002 (Noon) [] September3,2002 Augustlg, 2002(Noon) [] November6,2002 October l4, 2002 (Noon) t'~ September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Nolo [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the LICENSE AGREEMENT, COMPUTER HARDWARE AND SOFTWARE SALES AGREEMENT, and THE SUPPORT AGREEMENT FOR THE PURCHASE OF A POINT- OF-SALE SYSTEM (POS) from INTEGRATED BUSINESS SYSTEMS, INC. (I.B.S.). EXPLANATION: The Links at Boynton Beach Golf Course has a pro shop and restaurant at the facility that generates over $2 million in revenue annually. A new point-of-sale system is required that includes, but is not limited to the following: inventory control; retail sales; food & beverage operation package including receipt building; and management functions which include various reporting capabilities. The current point-of-sale system (Golf Management Systems) used by the Golf Course is no longer being supported or upgraded. The Golf Course has temporarily contracted with the original developers of the system to assist until the new system is in place. A team of employees at the Golf Course reviewed four (4) different potential replacement systen~. The team selected the IBS system that has been working with, and developing point-of-sale programs for public and semi-private golf courses since 1993. This system has excellent reporting capabilities, support is excellent, and the capability to integrate with the Microsoft products. Cost of the IBS system is $17,637.40, which includes software, hardware, training, and installation. Some of the other systems reviewed were more suitable for the food and beverage industry and limited in the golf/pro shop industry. Another system was limited to one "scheduled" price change per year, and currently the golf course has three (3) price changes per year. PROGRAM IMPACT: The currently used system, Golf Management Systems, is no longer supported or upgraded. Therefore, it is essential that a new point-of-sale system be implemented. FISCAL IMPACT: The FY2001/2002 budget currently has $7,192 allocated for the project, the balance of $10,445.40 for the system will come from the contingency fund. Deputy Director of Financial Services City Manager's Signature Procurement Services &7~u~. ~ 6c-~_ Department Name /~ City Attl~/f~e~/'Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FOR3A.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND APPROVING A LICENSE AGREEMENT, COMPUTER HARDWARE AND SOFTWARE AGREEMENT AND SUPPORT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND INTEGRATED BUSINESS SYSTEMS, INC., FOR THE PURCHASE OF A POINT-OF-SALE SYSTEM; AND PROVIDING AN EFFECTWE DATE. WHEREAS, The Links at Boynton Beach Golf Course pro shop and the restaurant at Ihat facility, generate over $2 million in revenue annually; and WHEREAS, the current point-of-sale system is no longer supported or able to be apgraded and it is the recommendation of staff to enter into an agreement with Integrated Business Systems, Inc., for a new point-of-sale system, which includes, but is not limited to :he following: inventory control; retail sales; food & beverage operation package including :eceipt building; and management functions which include various reporting capabilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF rile CITY OF BOYNTON BEACH, FLORIDA, THAT: Section I. The City Commission of the City of Boynton Beach, Florida does hereby authorize and approve a License Agreement, Computer Hardware and Software Sales Agreement and the Support Agreement for the purchase of a Point-of-Sale System (POS) fi.om Integrated Business Systems, Inc., which Agreement is attached hereto. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of October, 2002. CITY OF BOYNTON BEACH, FLOI~)A Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk Corporate Seal) Course Menxxandum # 02-019 To: Dale Sugerman, Assistant/C.~na~ger From: Joe Sciortino, Golf Direc~r, ~:::~..~/ Date: July 25, 2002 Re: New POS System for The Links Attached you will find a memo from Freda to me outlining her recommendation, along with her project team, to purchase a new point of sale (POS) system for the golf course. As she states in her memo our current vendor is no longer in business but has agreed to temporarily support their system until we find a new one. Because there are only 17,000 golf courses in the country, many of which that do not utilize computer systems to track activity, the availability of golf course specific vendors is shrinking. Although non-golf specific systems do exist in the marketplace, and I encouraged Freda to at least look at them, their offerings require customizing and tweaking to be serviceable for our needs. But of course that makes them unique to the support personnel which is not a good situation. Ron Lavoie is a PGA member who I have known for twenty years and a former Vice President of Meadowbrook Golf Management. When I found out that the company that Freda has recommended, lBS, supplied Meadowbrook managed courses with their software system I asked her to call him for his opinion on IBS's system and support. He is currently managing Cobblestone CC in Stuart and gave her an unqualified recommendation for lBS, as she notes in her memo. Although IBS's pro~ ia a fe~ thousai'z$.~ n'~'~ than the other proposals from non-goff specific oompeniee an~ one I;~eate course vendor, the difference is rno~i¥ iA the price of pro s~ aoflwere ~ h~'dwar~ ~ ~ is where we need~- t~alll~flexil~, so the difference is well worth the price since their system is designed for public golf use. The main reason that the cost is more than double what we budgeted is mostly because our current vendor, who gave us the amount to budget last year, is no longer in business and lBS is. As the industry continues to consolidate vendors it is safer to go with companies utilized by multi- course management companies than to continue to seek out new comers trying to gain market share. Therefore I am recommending we go ahead with the purchase of IBS's system, as endorsed by Freda and her team, in the amount of $17,637.40. We will use $7,192 as budgeted for this use, and $10,445.40 from the contingency fund to cover the balance. MEMORANDUM To: Joe Sciortino, Golf Director From: Freda DeFosse, Asst. to the Golf Director Date: July 16, 2002 Re: Replacement of current point-of-sale system Our present poir~-of-sale software package, Golf Management Systems, is no longer being sut~ported or upgraded. V¢~ have temporarily contracted with the original developers to assist us with any "work arounds" that we need until the system can be replaced. A team of employees consisting of myself, Sue Phillips, Elizabeth Vassilas, and various members of the Golf Directors' team have reviewed four different potential replacement packages. Our recommendation is Integrated Business Systems, Inc. w~;~'king, with am~ dev~iogin~ poir~-~le programs fo~ Dublle and semi-I:~ivate~ ~ ~ ~ ~9~ One of their most well established clients is Meadowbrook Golf Management Corp. I spoke with one of the former general managers for Meadowbrook, Ron Lavoie, at length about lBS and he stated that they were "heads above any other he had used. T~~ capabilities are. se,:~ t~n~ TI~ a~,l~l~t i~ ear~n~and if, at a later date, you choose to utilize their computerized tee sheet system, you'll find it extremely helpful." Much of their software has the MiiM~ ~ ~ ~ pt~duc~allowing us the ability to download reports into an excel spreadsheet format that is consistent with our current city-wide MS Office software package. Attached is a table showing some of the various questions we asked about each of the packages and lBS was the only company that had a positive response to all but one category. The team believes that while their system does not allow for the use of our current multi-part individual receipts, which cost approximately $3,200 annually, we will be able to work around this issue. The cost for an annual supply of the three-part roll receipts would be approximately $1,000. lBS has indicated that they would look into altering their system to allow for the multi-part slip pdnting but it is not available at this time. k~,'r~ ~ when ini~ _c~ proposed two separele ar~ dieti~c~ seflwere pec~ege~ f~, 't~e pro shop ar~ rsetauranl~ When we indicated that it was our desire to only have one software package that could serve both they proposed utilizing the Aloha system. Aloha is a widely used food and beverage package that is one of the leaders in that industry. However, it is not designed for pro shop retail merchandising and would not afford us the inventory and report tracking that we desire from our pro shop register. Simik..~,y, Pinnacte. Hospitality Systems is designed for the food and beveragm industry a~d'lla~limia~ experience in the golf/pro shop industry. , M.L. Stewart & Associates propose~ using the Jonas Club Management System,,, Jonae has been primarily used in the private club indust~l~ Their experience in the public golf sector is limited to date. Thei~ system does not integrate with the Microsoft Office~product and onty allows for one "scheduled' pdce change per year, We curt'entry have thre~ price change~ per yea¢.~ This system would require us to re-enter our prices at the close of business on the last day of the month of one price season and before opening for business the next day. We have budgeted $7,192 in this fiscal year's operating budget for this project. These dollars were based on a proposal that we received during March of 2001 as we were preparing our 2001/2002 budget. That proposal is no longer valid because the company lost it's distribution contract for the proposed system. Therefore, this purchase will require us to utilize $10,445.40 from our contingency fund to cover the balance of this purchase. Quotation Date: 6/24/02 Page: 1 Integ ted Business Systems, Inc. QUOTATION Quoted To: Installation Site: The Links at Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Line Item Description of Product or Service Quantity Price Total 2 LICENSE SOFTWARE 3 4 Retail Point of Sale Software 1.00 5,595.00 5,595.00 5 <Discount> -1.00 560.00 -560.00 6 F & B Point of Sale Software, Single User 1.00 1,595.00 1,595.00 7 <Discount> -1.00 160,00 -160.00 8 Member Billing - Player Tracking 1.00 995.00 995.00 9 <Discount> -1.00 100.00 -100.00. 10 Stats & Excel Reporting System - Club 1.00 995.00 995.00 11 <Discount> -1.00 100.00 -100.00 12 POS Price Scheduler 1.00 495.00 495.00 13 <Trade-In Discount> -1.00 1,500.00 -1,500.00 14 15 RETAIL POS WORKSTATION - GOLFSHOP 16 17 Computer- PBC 1.00 18 17" Dell Flat Panel Monitor, Gray 1.00 998.95 998.95 19 Receipt Printer w/o Journal, Charcoal (SP2320) 1.00 266.95 266.95 20 M128 Keyboardw/swipe, PREH 1.00 355.95 355.95 21 , Cash Drawer, Charcoal 1.00 219.95 219.95 22 Bar Code Reader w/Holder 1.00 219.95 219.95 23 Bar Code Decoder Box 1.00 130.95 130.95 24 Bar Code Reader Cable 1.00 30.95 30.95 25 26 F&B POS WORKSTATION - RESTAURANT 27 28 Computer- PBC 1.00 .29 15" Touchsoreen Monitor, Gray 1.00 594.95 594.95 30 Thermal Receipt Pdnter, Charcoal (TSP743C) 1.00 434.95 434.95 31 Cash Drawer, Charcoal 1.00 219.95 219.95 32 33 Subtotal: Continued Sales Tax: Continued TOTAL: Continued REP: Valid through: Jul 15, 2002 IBS Approval Customer Acceptance 12201 GarCon Roa& Suite 100 * Richmond, VA 23233 * Phone (804} 754-3200 * Fax (804} 754-4460 O E ~ Quotation Number: 53341 Quotation Date: 6/24/02 Page: 2 Integrated B' :-'.ness Systems, Inc. QUOTATION Quoted To: Installation Site: The Links at Soynton Beach P.O. Box 310 Boynton Beach, FL 33425 Line Item Description of Product or Service Quantity Price Total 2 (ITCHEN & BAR PRINTERS 3 4 Kitchen/Bar Pdnter - Red Mod, Charcoal (SP2360) 1.00 282.95 282.95 5 D-Link Print Server, Single Port 1.00 100.95 100.95 6 7 ADMIN WORKSTATION (2) 8 9 Computer & Monitor - PBC - Existing 2.00 10 11 FILESERVER 12 13 Computer & Monitor - PSC - Existing NTS 1.00 14 15 NETWORKING COMPONENTS 16 17 Network Hub - PBC - Exisiting 1.00 18 19 PAPER & MISCELLANEOUS 2O 21 Receipt Paper, 3 Ply (3") 1.00 97.95 97.95 22 Receipt Printer Paper, 1 Ply (3") 1.00 60.95 60.95 23 24 PRE-INSTALLATION 25 26 Pre-Installation Planning Meeting 1.00 850.00 850.00 27 Pra-lnstallation Operational Configuration & Training 0.50 750.00 375.00 28 .29 INSTALLATION 30 31 System Software Configuration 1.00 675.00 675.00 32 On-Site Equipment Configuration - Estimate 1.00 875.00 875.00 Subtotal: Continued Sales Tax: Continued TOTAL: Continued REP: Validthrou~h: Jul 15, 2002 IBS Approval Customer Acceptance 12201 Gavton Road, Suite 100 * Richmond, VA 23233 * Phone (804) 754-3200 * Fax (804) 754-4460 ~E ~ Quotation Number: 53341 Quotation Date: 6/24/02 Page: 3 Integrated Business S.-*.ems, Inc. QUOTATION Quoted To: Installation Site: The Links at Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Line Item Description of Product or Service Quantity Price Total 2 OPERATIONAL CONFIGURATION & TRAINING 3 4 Operational Configuration & Training - Man Days 5,00 750.00 3,750.00 5 To Include: 6 7 - Retail Cashier 8 - Retail Manager 9 - Retail "Live" Supervision and Assistance 10 -F&BServer 11 -F&BManager 12 - F&B "Live" Supervision & Assistance 13 -Stats & Excel Reporting System 14 - Member Billing 15 16 17 NOTE: PBC = Provided by Client. Your signature 18 indicates your acceptance of the pdcing contained in 19 this quote & your desire to commit to an installation of 20 a system or purchase of a product/service. A deposit 21 of $8,850.00 is required to start your order. Should we 22 be unable to negotiate system license, hardware, & 23 support contracts in a timely manner you may cancel 24 the installation and lBS will refund your deposit to the 25 extent that direct non-refundable expenses have been 26 incurred by lBS. Your installation dates will be finalized 27 once your signed quote & deposit have been returned 28 to our office. The lead time for installations is currently .29 six to eight weeks. The balance of the hardware 30 invoice will be due upon completion of the installation. 31 This quote does not include shipping expense, travel 32 expense or sales tax. Travel & shipping expenses, as 33 well as applicable sales tax, will be added to the final 34 invoice. There will be {a 15% resto~kino fee for an,/ Subtotal: Continued Sales Tax: Continued TOTAL: Continued REP: Validthrou~h: Jul 15, 2002 IBS Approval Customer Acceptance 12201 Gavton Road, Suite 100 * Richmond, VA 23233 * Phone (804) 754-3200 * Fax (804) 754 4460 E ~ Quotation Number: 53341 Quotation Date: 6/24/02 Page: 4 Integrated Business Systems, '_ :.c. QUOTATION Quoted To: Installation Site: The Links at Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Line Description of Product or Service Quantity Price Total Item 1 items returned to lBS. Shipping costs will also apply. 2 ~,nnual technical support services are not included and 3 will be added to the installation invoice, fThe current 4 lnnual support fees are, POS- $1782.00, F&B(Sgl)- 5 $1056.00, Membership(PT)- $330.00, Stats & 6 Excel(Club & Corporate)- $240.00. The annual 7 support fees may change in the future. Site wiring is 8 not included & is the responsibility of the client. 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 Subtotal: 17,796.30 Sales Tax: TOTAL: $17t796.30 REP: Valid through: Jul 15, 2002 IBS Approval Customer Acceptance 12201 Gavton Road, Suite 100 * Richmond, VA 23233 * Phone (804) 754-3200 * Fax (804) 754-4460 To: Bill Atkins, Purchasing Agent From: Freda DeFosse, Asst. to the Golf Director Thru: Joe Sciortino, Golf Director Date: August 29, 2002 Re: Golf Course Point of Sale License Agreement Attached hereto are the License Agreement, Computer Hardware and Software Sales Agreement and Support Agreement from Integrated Business Systems for the golf course's proposed point of sale system for the pro shop and restaurant. I have previously forwarded to you a Request for Purchase Over $10,000 with all of the backup and supporting documents which you have indicated has been approved for purchase. Please let me know if you need anything further from me to complete this request. Integrated Business Systems, S~p~emb~r 16. 2002 Freda 802{) Jo~ Rd. Bolmt~m B=a=~. fL ~4~ D~ ~i~ ~f~ ~ yo~ ~Eis ~in~ ~e ~ syst~ i~ ~ ~ly op~ad~ of y~ ~o1~ ~i~ ~d ~l ~ ~n~ ch~i~ have been si~ed ~d ~ ~ you ~ y~ s~. ~S ~11 ~ ~ requisite ~; ~ Ci~ ~11 ~ ~onsib~ for ~nv~ ~. lBS ~1 ~de you ~UI t~ ~lg layout i~ag~ ~ d~ ~i~ i~ speci~,~n. T~m ~t is ~cl~ ~ yow '~ S~" d~s ~ you a~Mn f~ ~I yo~ su~ ~d ~ ~k fo~d ~ ~vmg you as a Ple~ don't ~si~le ~ ~ ~ ify~! ~vc ~y qu~gont ~ of Sal~ COMPUTER SOFTWARE END-USER Date: LICENSE AGREEMENT between INTEGRATED BUSINESS SYSTEMS ("Licensor") and City of Boynton Beach ("Licensee") THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF LICENSOR'S OBLIGATIONS AND RESPONSIBILITIES TO YOU AND SUPERSEDES ANY OTHER PROPOSAL, REPRESENTATION, OR OTHER COMMUNICATION BY OR ON BEHALF OF LICENSOR RELATING TO THE SUBJECT MATTER HEREOF. YOUR LICENSE OF THE LICENSED PROGRAM WILL NOT COMMENCE UNTIL YOU HAVE EXECUTED THIS AGREEMENT AND AN AUTHORIZED REPRESENTATIVE OF LICENSOR HAS RECEIVED, APPROVED, AND EXECUTED A COPY OF IT AS EXECUTED BY YOU. 1. License. In consideration of the payment of the license fees set forth herein, Licensor grants you a non-exclusive license to use the package of computer software in machine-readable form and related user documentation identified in Exhibit A, which together constitute the "Licensed Program," subject to the following terms and conditions. 2. Scope of Rights. You may: a. Install the Licensed Program in your own facility at the location specified in Exhibit A; b. Use the Licensed Program on the computer system specified in Exhibit A for purposes of serving the internal needs of your business; and c. Make one copy of the program in machine-readable form, for nonproductive backup purposes only, provided that Licensor's proprietary legend is included. You may not use, copy, or modify the Licensed Program, or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by Licensor. Your fights may not be transferred except to (1) a successor in interest of your entire business who assumes the obligations of this Agreement or (2) any other party who is reasonably acceptable to Licensor, enters into a substitute version of this Agreement, and pays an administrative fee intended to cover attendant costs. No service bureau work, multiple-user license, or time-shafing arrangements is permitted, except as expressly authorized by Licensor. You may not install the Licensed Program in any other computer system or use it at any other location without Licensor's express authorization obtained in advance (which will not be unreasonably withheld). If you use, copy, or modify the Licensed Program for any other party in any way not expressly authorized by Licensor, your license is automatically terminated. The license fee for your use of the Licensed Program is specified in Exhibit A. You must pay this amount directly to Licensor promptly after execution of this Agreement and delivery of the Licensed Program. You are solely responsible for payment of any taxes (including sales or use taxes and intangible taxes) resulting from your acceptance of this license and your possession and use of the Licensed Program. Licensor reserves the fight to have you pay any such taxes as they fall due to Licensor for remittance to the appropriate authority. You agree to hold harmless Licensor from all claims and liability arising from your failure to report or pay such taxes. The City of Boynton Beach, Florida states that they are exempt from the payment of sales taxes. Licensor shall support the Licensed Program in the manner specified in Exhibit A. However, Licensor offers support only for the most current version of the Licensed Program issued by Licensor from time to time, so you must make sure to substitute or incorporate all new releases or fixes issued by Licensor pursuant to its warranty and support programs. You are responsible for selecting an operator who is quail fled to operate the Licensed Program on your own equipment and is familiar with the information, calculations, and reports that serve as input and output of the Licensed Program. Licensor reserves the fight to refuse assistance or to charge additional fees if an operator seeks 3_ assistance with respect to such basic background information or any other matters not directly related to the operation of the Licensed Program. The Licensed Program is designed for use with the computer system specified in Exhibit A. Except as agreed otherwise in writing, Licensor assumes no responsibility under this Agreement for obtaining such equipment. You are also responsible for ensuring a proper environment and proper utilities for the computer system on which the Licensed Program operates, including an uninterrupted power supply. You are responsible for converting your own data files for use with the Licensed Program. Licensor reserves the right to change its support and maintenance fees on 30 days' advance notice (to apply on a prospective basis only), but in any event no more frequently than annually with individual increases capped at 15%. All fees are payable at the beginning of each month or upon invoice. 3. Proprietary Protection of Licensed Program. Licensor shall have sole and exclusive ownership of all right, title, and interest in and to the Licensed Program and ail modifications and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), subject only to the rights and privileges expressly granted by Licensor. T~is Agreement does not provide you with title or ownership of the Licensed Program, but only a right of limited use. You must keep the Licensed Program free and clear of all claims, liens, and encumbrances. The Licensed Program is a commercially valuable, proprietary product of Licensor, the design and development of which reflect the effort of skilled development experts and the investment of considerable time and money. The Licensed Program is treated by Licensor as confidential and contains substantial trade secrets of Licensor, which Licensor has entrusted to you in confidence to use only as expressly authorized. Licensor claims and reserves all rights and benefits afforded under federal copyright law in all software programs and user materials that constitute the Licensed Program, and in all system documentation related thereto, as unpublished works. You may not, at any time, disclose or disseminate the Licensed Program to any person who does not need to obtain access thereto consistent with your rights under this Agreement. Under no circumstances may you "unlock" the code of the Licensed Program, as the term is generally used in the trade. Under no circumstances may you disclose or disseminate the Licensed Program to any competitor of Licensor. You will devote your best efforts to ensure that all your personnel and all other persons afforded access to the Licensed Program shall protect it against improper use, dissemination, or disclosure. You hereby authorized Licensor to enter your premises in order to inspect the Licensed Program in any reasonable manner during regular business hours, but not earlier than 9:30am. You acknowledge that, in the event of your breach of any of the foregoing provisions, Licensor will not have an adequate remedy in money or damages. Licensor shall therefore be entitled to terminate this Agreement and/or obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. Licensor's right to obtain injunctive relief shall not limit its right to seek further remedies. Your obligations hereunder shall remain in effect for as long as you continue to possess or use the Licensed Program or any trade secrets derived therefrom. 4. Limited Warranty. Licensor warrants, for your benefit alone, that the Licensed Program conforms in all material respects to the specifications for the current version of the Licensed Program set forth at Exhibit A. This warranty is expressly conditioned on your observance of the operating, security, and data-control procedures set forth in the User's Manual included with the Licensed Program. Licensor is not responsible for obsolescence of the Licensed Program that may result from changes in your requirements. The foregoing warranty shall apply only to the most current version of the Licensed Product issued by Licensor from time to time. Licensor assumes no responsibility for the use of superseded, outdated, or uncorrected versions of the Licensed Product. Licensor will provide Licensee with a minimum of 90 days notice prior to exercising its fights to obsoles a prior version of the Licensed Program. As your exclusive remedy for any material nonconformity or defect in the Licensed Program for which Licensor is responsible, Licensor shall attempt through reasonable effort to correct or cure such nonconformity or defect. However, Licensor shall not be obligated to correct, cure, or otherwise remedy any nonconformity or defect in the Licensed Program if you have made any changes whatsoever to the Licensed Program, if the Licensed Program has been misused or damaged in any respect, or if you have not reported to Licensor the existence and nature of such nonconformity or defect promptly upon discovery thereof. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSOR DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE LICENSED PROGRAM, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. The cumulative liability of Licensor to you for all claims related to the Licensed Program and this Agreement, including any cause of action sounding in contract, tort, or strict liability, shall not exceed the total amount of all license fees paid to Licensor hereunder. This limitation of liability is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective. In no event shall Licensor be liable for any loss of profits; any incidental, special, exemplary, or consequential damages; or any claims or demands brought against you, even if Licensor has been advised of the possibility of such claims or demands. This limitation upon damages and claims is intended to apply without regard to which other provisions of this Agreement have been breached or have proven ineffective. 5. Term. Your license of the Licensed Program shall become effective upon delivery of the Licensed Program to you and shall continue indefinitely until terminated as provided herein. Upon termination of this Agreement, all rights granted to you will terminate and revert to Licensor. Promptly upon termination of this Agreement for any reason or upon discontinuance or abandonment of your possession or use of the Licensed Program, you must return, or certify the destruction of, all copies of the Licensed Program in your possession (whether modified or unmodified), and all other materials pertaining to the Licensed Program (including all copies thereof). 6. General. No modification of this Agreement shall be binding unless it is in writing and is signed by an authorized representative of the party against whom enforcement of the modification is sought. Any notices required or permitted under this Agreement shall be in writing and delivered in person or sent by registered or certified mail, retain receipt requested, with proper postage affixed. In the event that any of the terms of this Agreement is or becomes or is declared to be invalid or void by an court or tribunal of competent jurisdiction, such term or terms shall be null and void and shall be deemed severed from this Agreement, and all the remaining terms of this Agreement shall remain in full force and effect. LICENSOR WANTS YOU TO BE CONFIDENT THAT THE LICENSED PROGRAM WILL SUIT YOUR NEEDS. ALTHOUGH YOU MUST MAKE THAT DETERMINATION YOURSELF, LICENSOR IS PREPARED TO FULLY DISCUSS THE LICENSED PROGRAM WITH YOU AND ANSWER YOUR QUESTIONS. BY EXECUTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE BEEN GIVEN AN ADEQUATE OPPORTUNITY TO INVESTIGATE YOUR COMPUTER AND SOFTWARE NEEDS AND THAT BASED ON YOUR EXAMINATION OF THE LICENSED PROGRAM, THE LICENS ED PROGRAM IS SATISFACTORY. Licensee: Accepted and Approved: CITY OF BOYNTON BEACH [NTEGKATED BUSINESS SYSTEMS By: By: Title: Title: Director of Sales Date: ,2002 Address: 8020 Jog Road Boynton Beach, FL 33437 Tele. No: (561) 742-6502 3 EXHIBIT A Identification of Lice nsed Program and Specifications The licensed program consists of the following IBS sol~are and related user documentation: Retail Point of Sale F&B Point of Sale, Single User Member Billing, Player Tracking Stats & Excel Reporting System, Club POS Price Scheduler Location of Lice nsee's Facility (In stallation Site). The licensed program will be installed and operated at the following location: Facility Name: The Links at Boynton Beach Address: 8020 Jog Road City, State, Zip: Boynton Beach, FL 33437 Telephone No: (561) 742-6502 Specification of Computer System on Which Licensed Program Will Be Executed The specifications of thc computer system on which the licensed program will be executed have been outlined in the Computer Hardware and Software Sales Agreement, a copy of which is included in Exhibit B. License Fee Thc license fee for the use of the licensed program specified on Quote # 5334I and in Exhibit A is $ 7,255.00 Support Terms The support terms are covered under the Support Agreement, a copy of which is included in Exhibit C. Exhibit B COMPUTER HARDWARE AND SOFTWARE SALES AGREEMENT COMPUTER HARDWARE AND SOFTWARE SALES AGREEMENT This COMPUTER HARDWARE AND SOFTWARE SALES AGREEMENT is made as of between INTEGRATED BUSINESS SYSTEMS, INC., a Virginia Corporation ("lBS"), and CITY OF BOYNTON BEACH ("Buyer"). RECITALS A. Concurrently with the execution of this Agreement, lBS and Buyer have entered into an agreement pursuant to which Buyer has licensed from IBS certain software, and in connection with that license Buyer desires to buy computer hardware and software from IBS. B. IBS desires to supply such computer hardware and software to Buyer. NOW, THEREFORE, in consideration of the mutual convenants contained in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I. Equipment. Buyer agrees to pumhase the computer hardware and software listed on Schedule 1 to this Agreement on the terms set forth in this Agreement (collectively, the "Equipment"). 2. Price. Buyer agrees to pay IBS for each item of the Equipment the price set forth opposite the name of such item on Schedule I attached to this Agreement, plus any related expenses for shipping and handling (collectively, as to each item of the Equipment, the "Item Purchase Price", and as to all of the Equipment, the "Total Purchase Price"). 3. Down Payment. Buyer has concurrently with the execution o f this Agreement delivered to IBS a non-refundable $0.00 down payment to be applied against the Total Purchase Price. 4. Placing Orders. lBS will place ordem for the Equipment with its suppliers requesting from those suppliers that the Equipment be delivered on or before the scheduled installation date. lBS will use its reasonable efforts to cause its suppliem to deliver the Equipment on such dates. IBS shall not have any liability if its suppliers fail to supply the Equipment on a timely basis. 5. Delivery Locations. The Equipment shall be delivered to those locations set forth on Schedule 2 attached to this Agreement (collectively, the "Locations"). 6. Inspection of Equipment. Before the Equipment is installed at the Locations, IBS will, on Buyer's behalf, inspect the Equipment for damage, defects or non-conformity with the orders for the Equipment. IflBS finds any of the Equipment to be damaged, defective or non-conforming it will, on Buyer's behalf, undertake to have the Equipment replaced by IBS's suppliers at no additional direct expense to buyer. IBS will have no additional liability for any such damage, defects or non-conformity. 7. Payment. Buyer shall pay IBS the Item Purchase Price for each item of the Equipment within 10 days after the date of IBS's invoice therefor. Any payment not made within that 10 day period shall bear interest at the rate of 1 1/2 % per month accruing from the date of the invoice until the date of payment (or such lower rate of interest as may be required by applicable law). Each Item Pumhase Price is exclusive of, and Buyer is responsible for, any applicable taxes on the sale or use of the Equipment. The City of Boynton Beach, Florida states they are exempt from the payment of sales taxes. 8. Installation. IBS shall install and set up the Equipment at the Location. 9. Site Pret~aration. Buyer, at its expense, shall use its best efforts to prepare the Locations for installation of the Equipment and shall provide lBS with appropriate space at the Locations to enable IBS to fulfill its obligations hereunder. 10. Eauivment Warranties. IBS hereby aasigns to Buyer all manufacturers' warranties, whether written, oral or the result of custom or course of dealing, extended or available to IBS with respect to the Equipment without the payment of any additional amounts for warranty coverage, unless Schedule 1 provides expressly for IBS to apply for extended or other warranty coverage on Buyer's behalf and at Buyer's expense. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, lBS IS MAKING NO WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO TH E EQUIPMENT INCLUDING, WITHOUT LIMITATION, (A) ANY IMPLIED OR EXPRESSED WARRANTY OF MERCHANTABILITY, (B) ANY IMPLIED OR EXPRESSED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, (C) ANY IMPLIED OR EXPRESSED WARRANTY OF CONDITION OR CONFORMITY, AND (D) ANY IMPLIED OR EXPRESSED WARRANTY REGARDING DEFECTS, WHETHER KNOWN OR UNKNOWN. I I. Limitation of Liability. To the extent provided by law, IBS's liability to Buyer for any cause arising in connection with this Agreement shall be limited to $1,000. This limitation will apply regardless of the form of action, whether contract or tort, including without limitation, any claim involving negligence. The foregoing limitation does not apply to damages resulting from personal injury caused by IBS's willful misconduct or recklessness. In no event shall IBS be liable for any damages resulting from lost profits or any incidental or consequential damages. 12. Default. Buyer shall be in default under this Agreement if any of the following occurs. (a) Buyer is or becomes insolvent or is a party to any voluntary or involuntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Buyer's affairs or property; (b) Buyer fails to make payment of any undisputed invoice within 60 days after it is rendered; or (c) Buyer fails to perform or comply in any material respect with the terms and conditions of this Agreement. 13. Remedies. If Buyer is in default under this Agreement, IBS may elect to terminate, in whole or in part, any of [BS's obligations under this Agreement, and shall be entitled to exercise any rights and remedies available, at law or in equity, in the event of any such default. Any delay by IBS in exercising any of its remedies hereunder shall not be deemed to be a waiver of any such default. Any waiver by IBS shall be valid if set forth in a writing signed and delivered on behalf of IBS, but any such waiver shall relate only to the circumstances specified, and shall not constitute a waiver of such provision or condition, or of any other provision or condition of this Agreement, in the future. 14. Assignment. Neither party may assign this Agreement or its rights, duties or obligations hereunder without the written consent of the other party. 15. Entire Agreement. Each party acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms. Each party further agrees that this Agreement along with the schedules hereto are the entire agreement and complete and exclusive statement of the parties understanding with respect to the sale and installation of the equipment. All prior proposals, understandings and other agreements, oral or written between the parties that relate to that subject matter are superseded by this Agreement. 16. Amendments. This Agreement and all schedules hereto may not be amended, modified or altered except in writing duly executed by authorized officers of all of the parties. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed as of the date first above written. BUYER IBS CITY OF BOYNTON BEACH INTEGRATED BUSINESS SYSTEMS, INC. By: By: Title: Title: Director of Sales Address: 8020 Jog Road Boynton Beach, FL 33437 Tele. No: (561) 742-6502 SCHEDULE 1 EQUIPMENT The following pages detail the equipment to be purchased from IBS by thc Buyer. SCHEDULE 1 LOCATIONS The Equipment will be shipped by IBS and its suppliers to two locations. Selected Equipment from Schedule 1 will be sent to IBS corporate offices located at 12201 Gayton Road, Suite 100 Richmond, Virginia 23233 for configuration and installation preparation. This Equipment will include the following: Retail POS Workstation - Golfshop 17" Dell Flat Panel Monitor, Gray Receipt Printer w/o Journal, Charcoal (SP2320) M128 Keyboard w/swipe, Preh Cash Drawer, Charcoal Bar Code Reader w/Holder Bar Code Decoder Box Bar Code Reader Cable F& B POS Workstation - Restaurant 15" Touchscreen Monitor, Gray Thermal Receipt Printer, Charcoal (TSP743C) Cash Drawer, Charcoal Kitchen and Bar Printers Kitchen/Bar Printer - Red Mod, Charcoal (SP2360) D-Link Print Server, Single Port Paper & Miscellaneous Thermal Receipt Printer Paper, 3 Ply (3") Receipt Printer Paper, 1 Ply (3") The remaining Equipment detailed in Schedule 1 will be shipped directly to the Buyer's installation site located at 8020 Jog Road, Boynton Beach, FL 33437. Exhibit C SUPPORT AGREEMENT SUPPORT AGREEMENT This SUPPORT AGREEMENT is made as of between Integrated Business Systems, [nc,, a Virginia Corporation CIBS") and the City of Boynton Beach ("Customer"), a Municipal, with offices at 8020 Jog Road, Boynton Beach, FL and provides as follows: RECITALS A. IBS, and Customer entered into, a License Agreement for the City of Boynton Beach dated (the "License Agreement") under wh ich Customer obtained a non-exclusive, nontransferable license to use certain computer programs in object code form and related user documentation (the "Licensed Program") on certain terms and conditions. B. IBS, desires to offer Customer support services with respect to the Licensed Program on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the promises hereof, and the mutual obligations herein, the parties hereto, intending to be legally bound, hereby agree as follows: Section 1 DEFINITIONS For the purposes of this Agreement, the following definitions shall apply to the respective capitalized terms, 1.1 "Enhancement." Any modification or addition that, when made or added to the Licensed Program, materially changes its utility, efficiency, functional capability, or application, but that does not constitute solely an Error Correction. Enhancements may be designated by IBS as minor or major, depending on IBS assessment of their value and of the function added to the preexisting Licensed Program. 1.2 "Error." Any failure of the Licensed Program to conform in all material respects to its functional specifications as published from time to time by IBS. However, any nonconformity resulting from Customer's misuse, improper use, alteration, or damage of the Licensed Program, or Customer's combining or merging the Licensed Program with any hardware or software not supplied or identified as compatible by lBS, shall not be considered an Error. 1.3 "Error Correction." Either a modification or an addition that, when made or added to the Licensed Program, establishes material conformity of the Licensed Program to the functional specifications, or a procedure or routine that, when observed in the regular operation of the Licensed Program, eliminates the practical adverse effect on Customer of such nonconformity. 1.4 "License Agreement." Means the License Agreement dated as shown herein between lBS and Customer, 1.5 "Licensed Program." The computer programs described in Exhibit A of the License Agreement, including any extracts from such programs, derivative works of such programs, or collective works including such programs (such as subsequent Releases) to the extent offered to Customer under this Agreement or the License Agreement. 1.6 "Normal Working Hours." The hours between 8:00 a.m. and 5:00 p.m. (Eastern Standard/Daylight Time) on the days Monday through Friday, excluding regularly scheduled holidays of IBS. 1.7 "Releases." New versions of the Licensed Program, which may include both Error Corrections and Enhancements. 1.8 "Terms.". For annual payment, the terms will be an initial period of I year beginning the month after the installation date. ThereaRer, the Term shall automatically renew for successive periods of 30 days or I year each unless and until terminated pursuant to Section 6 hereof. In no event, however, shall the Term extend beyond the prescribed term of the License Agreement. 1.9 "Help Desk Support." Any support needed by the client during 8:00am to 5:00pm (local time) on the days Monday through Friday, in the use of their IBS software or system as covered under this agreement. 1.10 "After Honrs Emergency Support." Any support that is made after 5:00pm (local time) on the days Monday through Friday and anytime on Saturday or Sunday, that is necessary due to an lBS system or software failure that dramatically impairs or prevents the client's business from functioning as covered under this agreement. Section 2 SCOPE OF SERVICE During the Agreement term, lBS shall render Full Support with respect to the Licensed Program, subject to the hours and fees fixed for this level of service in the IBS rate schedule set forth in Exhibit A attached hereto. 2.1 lBS shall maintain a toll-free telephone hot line that allows Customer to report system problems and to seek assistance in use of the Licensed Program. 2.2 IBS shall maintain a trained staff capable of rendering the services set forth in this Agreement. 2.3 lBS may, from time to time. issue new Releases of the Licensed Program to its customers generally containing Error Corrections, minor Enhancements, and, in certain instances if IBS so elects, major Enhancements. IBS shall provide Customer with one copy of each new Release, without additional charge, lBS shall provide Customer with one copy of any update addendum for the user manual without additional charge. IBS shall provide reasonable assistance to help Customer install and operate each new Release, provided that such assistance, if required to be provided at Customer's facility, shall be subject to the supplemental charges set forth in Exhibit A attached hereto. 2.4 IBS may, from time to time, offer major Enhancements or new Modules to its customers generally for an additional charge. To the extent IBS offers such Enhancements or Modules, it shall allow Customer to license one copy of each Enhancement to each golf facility that it manages and uses a compatible lBS system product. 2.5 lBS will be responsible for scheduling and handling of repairs for all hardware purchased from IBS during the manufacturer's warranty period. 2.6 lBS shall be responsible for using reasonable diligence to correct verifiable and reproducible Errors when reported to IBS in accordance with IBS' standard reporting procedures. IBS shall, within two hours of verifying that such an Error is present, during normal business hours or the next business day, initiate work in a diligent manner toward development of an Error Correction. Following completion of the Error Correction, IBS shall provide the Error Correction through a "temporary fix" consisting of sufficient programming and operating instructions to implement the Error Correction. IBS shall include the Error Correction in all subsequent Releases of the Licensed Program. IBS shall not be responsible for correcting Errom in any version of the Licensed Program other than the most recent Release of the Licensed Program, provided that IBS shall continue to support prior Releases superseded by recent Releases for a reasonable period sufficient to allow Customer to implement the newest Release, not to exceed 30 days. 2.7 lBS shall consider and evaluate the development of Enhancements for the specific use of Customer and shall respond to Customer's requests for additional services pertaining to the Licensed Program (including, without limitation, data conversion and report-formatting assistance), provided that such assistance, if agreed to be provided, shall be subject to supplemental charges mutually agreed to by IBS and Customer. Section 3 FEES AND CHARGES 3.1 Customer shall pay IBS its fees and charges based on the rate schedule set forth in Exhibit A attached hereto. IBS reserves the right to change its rate schedule from time to time, provided that no such change will be effective until at least 30 days after IBS has given Customer written notice of such change. 3.2 Customer shall reimburse IBS for travel expenses (i.e., transportation, lodging, and meals) and telephone expenses incurred by IBS in rendering services to Customer. Under this Agreement IBS shall conform to Customer's standard expense and reimbursement policy. IBS will provide backup documentation called for in Customer's standard expense and reimbursement policy. 3.3 IBS shall invoice Customer at the beginning of each calendar month for all fees and charges due, and all reimbursable expenses incurred, during the previous month. Customer shall pay the invoiced amount promptly upon receipt of such invoice. Any amount not paid within 20 days aRer the invoice date shall bear interest at the lesser of 1 I/2 % per month or the highest rate allowed by applicable law. 3.4 Customer shall be responsible for procuring, installing, and maintaining all equipment, telephone lines, communications interfaces, and other hardware necessary to operate the Licensed Program and to obtain from lBS the services called for by this Agreement. Section 4 PROPRIETARY RiGHTS 4.1 To the extent that IBS may provide Customer with any Error Corrections or Enhancements or any other program, including any new programs or components, or any compilations or derivative works prepared by [BS (collectively, "Vendor Programs"), Customer may (1) install one set of the Vendor Programs, in the most current form provided by [BS, in Customer's own facility; (2) use such Vendor Programs in connection with the Licensed Programs, and in a manner consistent with the requirements of the License Agreement, for purposes of serving Customer's internal business needs; and (3) make one copy of the Vendor Programs in machine-readable form for nonproductive backup purposes only. Customer may not use, copy, or modify the Vendor Programs or any copy, adaptation, h'anscriptinn, or merged portion thereof, except as expressly authorized by IBS. Notwithstanding Section 6 hereof, Customer's rights under this Section 4.1 shall remain in effect for so long as Customer is authorized to use the Licensed Programs under the License Agreement. Upon termination of such License Agreement, Customer shall return or destroy the Vendor Programs in the manner required by the License Agreement. 4.2 The Vendor Programs, including any associated intellectual property fights, are and shall remain the sole property of IBS, regardless of whether Customer, its employees, or contractors may have contributed to the coneeptinn of such work, joined in the effort of its development, or paid lBS for the use of the work product. Customer shall from time to time take any further action and execute and deliver any further instrumant, including documents of assignment or acknowledgment, that IBS may reasonably request in order to establish and perfect its exclusive ownership rights in such works, including any associated intellectual property rights. Section 5 DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY 5.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IBS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE LICENSED PROGRAM OR THE SERVICES TO BE RENDERED HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 5.2 To the extent provided by law, IBS' cumulative liability for any claim arising in connection with this Agreement shall not exceed the total fees and charges paid to lBS by Customer within the last three months. In no event shall IBS be liable for any indirect, consequential, special, exemplary, or incidental damages of whatever kind and however caused, even if IBS knew or should have known of the possibility of such damages. 5.3 No action, whether based in contract, strict liability, or tort, including any action based on negligence, arising out of the performance of services under this Agreement, may be brought by either party more than one year after such cause of action accrued, except that an action for nonpayment may be brought within two years of the date of the last payment. Section 6 TERMINATION 6.1 This Agreement may be terminated as follows: 1. This Agreement shall immediately terminate upon thc termination o£ the License Agreement; 2. This Agreement may be terminated by either party upon the expiration of thc then current term of this Agreement, provided that at least 30 days' prior written notice is given to the other party; or 3. This Agreement may be terminated by either party upon ten days' prior written notice if the other party has materially breached the provisions of this Agreement and has not cured such breach within such notice period. 6.2 Following termination of this Agreement, IBS shall immediately invoice Customer for all accrued fees and charges and all reimbursable expenses, and Customer shall pay the invoiced amount immediately upon receipt of such invoice. Customer may continue to use any work supplied to Customer by IBS for the remaining term of the License Agreement. Any amount not paid within 20 days after the invoice date shall bear interest at the lessor of 1 1/2% per month or the highest rate allowed by applicable law. Section 7 MISCELLANEOUS 7.1 Each party acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms. The parties further agree that this is the complete and exclusive statement of the agreement of the parties with respect to the subject matter hereof and that it supersedes and merges all prior proposals, understandings, and agreements, whether oral or written, between the parties with respect to the subject matter hereof. This Agreement may not be modified except by a written insl~ument duly executed by the parties hereto. 7.2 If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions shall be enforced to the maximum extent permitted by applicable law. 7.3 Neither party may assign its rights or duties under this Agreement without the prior written consent of the other party, except to a successor of all or substantially all of its business and properties. 7.4 The waiver by either party of any term or condition of this Agreement shall not be deemed to constitute a continuing waiver thereof nor of any further or additional right that such party may bold under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as set forth below. CITY OF BOYNTON BEACH INTEGRATED BUSINESS SYSTEMS, INC. By: By: Title: Title: Director of Sales Date: ,2002 Date: ,2002 Exhibit A INTEGRATED BUSINESS SYSTEMS FEE SCHEDULE FOR CITY OF BOYNTON BEACH FULL SUPPORT The client has selected Full Support for this club. Hours of Support With Full Support, IBS will provide the scope of services outlined in the Support Agreement. You will receive Help Desk Support from 8:00 AM to 5:00 PM local time on the days Monday through Friday. After Hours Emergency support will be available at all other times through our after hours emergency paging service. Although IBS support staff members may not be in our corporate office before 9:00 AM or after 5:00 PM, ES/DT, a support staff member will always be available through our after hours emergency paging service. Some types of support services whether reported and/or addressed during the Full Support hours or not, will always be billable. A representative listing of the types of services that are always billable are listed below: Always Billable Work · User errors that are a result of not following standard operating procedures as defined in IBS training manuals and programs. · The time necessary to accommodate hardware repairs outside of the manufacturer's warranty period (Hardware provided by lBS) · Issues arising from software or hardware that was not provided by lBS · Upgrades to network or credit card software that have not been performed by lBS · Upgrades to hardware that have not been performed by lBS · Support of Microsoft Windows or any other software product that has not been developed by IBS. · Assistance with or ffaining on the configuration of hardware or software for the IBS system When billable work is performed by IBS during Normal Working Hours, the hourly rate will be $100.00. This rate will be billed in 1/4 hour increments or part thereof with a $50.00 minimum charge. When billable work is performed by IBS outside of Normal Working Hours, the hourly rate will be $160.00. This rate will be billed in 1/4 hour increments or part thereof with a one hour minimum charge. Annual Sunnort Assuming the client elects to pay annually for Full Support - The rates are as follows. Rates Retail Point of Sale $1,604.00 Per Annum F&B Point of Sale, Single User $950.00 Per Annum Member Billing, Player Tracking $297.00 Per Annum Stats & Excel Reporting, Club $175.00 Per Annum Total $3,026.00 Per Annum VI']'.-CONSENT AGENDA WEM C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meetine Dates in to Cit~ Clerk'5 Office [] August 6. 2002 July 17. 2002 (5:00 p.m.) [] October I. 2002 September 16. 2002 {Noonl [] August 20, 2002 August 5. 2002 (Noon) [] October 15~ 2002 September 30. 2002 {Noonl [] September 3. 2002 August 19. 2002 (Noon) [] November 6, 2002 October 14~ 2002 {Noon) [] September 17. 2002 September 3. 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 {Noonl [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve resolution establishing CILA Operating Account. EXPLANATION: Attached resolution provides for transfer of CRA increment funds directly to the CRA. The resolution has a "reverter clause" in the event a City Commission opts to abolish the CRA. PROGRAM IMPACT: Transfer of funds allows the City Finance Department to concentrate on other activities. All fund use by the CRA is subject to governmental accotmting and audit roles. FISCAL IMPACT: None ALTERNATIVES: Decline to approve the resolution. This would mean that CRA revenues and expenditures would be accounted through th~ City system. ~.~/~/} epa en eao s Signature City Manager s Signature Department Name City Ai~omey / Finance / Human Resources S:',BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC RESOLUTION 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE BALANCE OF FUNDS IN THE CRA FUND ON SEPTEMBER 30, 2002, BE TRANSFERRED TO A SEPARATE INDEPENDENT CRA OPERATING ACCOUNT; AND PROVIDING AN EFFECTWE DATE. WHEREAS, at the request and recommendation from the Board of the CIL~., the 'und balance at September 30, 2002 in the CRA Fund ear-marked for the operation of the ~RA will be transferred to a separate bank CRA operating account, under the direct upervision and control of the CRA Board; and WHEREAS, the CRA shall provide the City with monthly accounting summaries md annual accounting summaries; and WHEREAS, it is understood and agreed that if at any time the CRA Board is ~bolishcd by the City Commission, or the City Commission elects to reassume control of the ZRA, then in that event all of the funds remaining in the separate CRA operating bank .ccount will revert to the CRA Fund within the City's general operating fund; NOW, THEREFORE, BE IT RESOLVED BY T~IE CITY COMMISSION OF [~HE CITY OF BOYNTON BEACH, FLORIDA, TI-IAT: Section 1. The foregoing Whereas clauses are true and correct and are adopted as he basis for the following transfer of funds. Section 2. The City Commission hereby authorizes the transfer of the fund ~alance at September 30, 2002, in the CRA Fund Budget which has been ear-marked for the ~'RA be transferred to a separate bank operating account for the CRA, under the direct upervision and control of the CRA Board. Section 3. It is understood and agreed that if at any time the CRA Board is abolished by the City Commission, or the City Commission elects to reassume control of the CRA, then in that event, all of the funds remaining in the separate CRA operating bank account will revert to the CRA Fund within the City's general operating fund Section 3. That this Resolution will become effective immediately upon passage. PASSED AND ADOPTED this __ day of October, 2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner 2ity Clerk Corporate Seal) :cahReso\Trans fer- COBB to CRA VZT.-CONSENT AGENDA ITEM D.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested CiW Commission Date Final Form Must be Turned Requested City Corat~ssion Date Final Form Must be Turned Meeting Dates in to Cii:v Clerk's Office Meet~n~ Dates in to City Clerk's Office [] August6,2002 July l7, 2002 (5:00p.m.) [] October l, 2002 September l6, 2002 (Noon) [] August20,2002 August5,2002 (Noon) [] October l5, 2002 September 30, 2OO2 (Noon) [] September3,2002 August l9, 2002 (Noon) [] November6,2002 October l4, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administxative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Aaaouncement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the October 1, 2002 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 6 to 1 vote, recommends that this request, including waivers, be approved, subject to the changes in staff comments and waivers as documented in the conditions of approval, and a new condition requiring the reduction in traffic speed on High Ridge Road. In summary, recommended changes support the proposed location of the recreation area, reduce the buffer waiver request, add a buffer wall along a portion of the property, omit satisfied conditions, omit a comment that increase the residential units in the commercial portion, and amend a commem requiring towers and roof articulation added to the towahomes. Please note that the deletion of comment #34 would represent a change m a code requirement not originally covered by the waiver requests (only width), and would require a new waiver processed and advertised. Altematively, staffwould recommend that the planting plan of the buffer be followed and accented as desired by the applicant. For further information, see attached Deparanent of Development Memorandum No. PZ 02-191. EXPLANATION: PROJECT: QUANTUM PARK AND VILLAGE NORTH (SBMP 02-002) AGENT: Eugene Gerlica, P.E. Quantum Limited OWNER: Quantum Park & Village, LLC LOCATION: North of Gateway Boulevard, West of High Ridge Road DESCRIPTION: Request for Master Site Plan Approval with waivers for 103,844 square feet of office/retail (including six (6) rental apartments) and 136 fee-sUnPle townhouse units on 22.50 acres ia the Quantum Park DRI. PROGRAM IMPACT: N/A FISCAL INIPACT: N/A } /'X ALTERNxAfTIVES: ~ N/A Developm t, r ;pa ent r irector Ma ger's Sig e · g and Zonln/g birector city Attorney / Finance / Human Resources S:L°Ianning~SHAREDXWP~PROJECTS\Quanmm Park & VillageXSBMP 02-002 northk4.genda Item Request Quantum Pk & Village North SBMP 02-002 S:~BULLETIN\FORMSXAOENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-191 SITE PLAN REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION September 13, 2002 DESCRIPTION OF PROJECT Project Name/No.: Quantum Park & Village North - Master Site Plan (SBMP 02-002) Property Owner: Quantum Park & Village L.L.C. Applicant/Agent: Eugene Gerlica, P.E. with Quantum Limited Partners, Ltd. Location: Quantum Park Lots 83-88 Land Use/Zoning: Industrial/Planned Industrial Development (PID) Quantum Park PID Master Plan Use option Mixed Use (MU) Type of Use: Mixed Use (Retail/Office/Residential Multi-family) Project size: Residential Area: 11.61 acres Commercial Area: 10.89 acres Total Area: 22.50 acres Dwelling Units: 136 fee-simple townhouse units 6 rental apartments Commercial: 94,100 square feet Adjacent Uses: (see Exhibit "A" - Location Map) North Undeveloped property zoned Light Industrial (M-1) with an Industrial (I) land use classification; South Gateway Boulevard right-of-way and farther south are Quantum Park Lots 63-65B (zoned PID with a Mixed Use land use option), East High Ridge Road right-of-way and farther east is Quantum Park Lot 89A (Manufacturing use, zoned PID with a Office / industrial land use option), Quantum Park Lot 90 (Office use, zoned PID with a Office / Industrial land use option), Quantum Park Lot 90 (zoned PID with a Tri-Rail Governmental / Institutional land use option) and Quantum Park Lot 91 (Vacant property zoned PID with a Office / Industrial / Commercial land use option); and West Undeveloped property zoned Single-Family Residential (R-1AAA) with an Industrial (I) land used classification. Site Characteristics: The subject site is located on the northwest corner of High Ridge Road and Gateway Boulevard (see Exhibit "A" - Location Map). The parcel is comprised of six platted (6) lots, which are vacant and cleared of all vegetation. According to the survey, a shell rock road eight (8) feet in width traverses through the center of the parcel. In addition, a broken asphalt road separates Quantum Park Lot 83 from Lot 84. The entire property is Iocat within tt~e South Ftorida Water Management District (SFWMD) C-16 Basin and within ti',,, Lake Worth Drainage District (LWDD). Page 2 (~uantum Park and Village North Master Site Plan Staff Report Memorandum No. PZ 02-191 ,-rol~oeal: The applicant, Quantum Park and Village L.L.C. is proposing to construct a "mixed use" project in Quantum Park. The site plan proposes commercial, retail, and residential uses throughout the 22.5-acre parcel. However, the commercial / retail portion of the project will be limited to six (6) buildings in the southern half of the parcel. The residential portion (136 fee-simple townhouse units) is proposed within the northern half of the parcel. According to the site plan, the townhouse units will be dispersed throughout 16 residential buildings. Building "E" (proposed in the commercial portion) will truly be "mixed use" in that six (6) apartment units are proposed within the first floor and second floor of the 16,594 square foot building. This pure "mixed-use" characteristic of Building "E" is the first of such proposals in the Mixed Use (MU) lots of C)uantum Park DRI and is enthusiastically endorsed by staff (see Exhibit "D" - Conditions of Approval). The maximum number of residential units allowed per the Quantum Park DRI cannot exceed 1000 units. The subject project in conjunction with the request to develop Quantum Park Lot 89B with 39 townhouse units (SBMP 02-003) will reach the total maximum allowable number of units for the Quantum Park PID. However, staff is recommending denial of the request for Master Site Plan approval to construct townhouse units on Quantum Park Lot 89B. Since the MU designation for the subject property (on Quantum Park Lots 83 through 88) already allows for residential units, staff would recommend that the same number of residential units proposed on Quantum Park Lot 89B should be redirected to the commercial component of this project in order to further exemplify the true mixed use characteristic of Building "E" and promote proper land use planning principles (see staff analysis of the corresponding application for NOPC and Master Plan modification). The subject project is similar to the Villas at Quantum Lakes and Quantum Park and Village South projects. Those projects were located on MU lots and they proposed commercial and residential developments. However, the residential portion of the subject development will be townhouse units rather than rental apartments as proposed in the Villas at Quantum Lakes. A Master Site Plan was submitted in accordance with Chapter 2, Section 7, P. and constitutes this review (see Exhibit "B"). The Master Site Plan is conceptual, establishing the general development parameters for the project. According to the overall site plan, no phase lines are indicated. However, it is likely that the townhouse units will be built first followed by the commercial. A more detailed Technical Site Plan will be required for each portion. The Technical Site Plans will be reviewed by the TRC and receive a Development Order from the Development Director. At that time the applicant may apply for building permits. Neither the Planning & Development Board nor the City Commission wil~ review or approve the technical site plans. For the purposes of this staff report, the details of the project will be divided into two formats, namely a description of the commercial portion and a description of the residential portion. Concurrency: a. Traffic - A revised traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for approval. The County has not issued an approval letter for the project. The project must meet the Palm Beach County Traffic Performance Standards prior to receiving a building permit (see Exhibit "D" - Conditions of Approval). b. Drainage - Conceptual drainage information was provided for the City's review. According to Page 3 Quantum Park and Village North Master Site Plan Staff Report Memorandum No. PZ 02-191 the drainage certification, the subject property will have legal positive outfall to t,._ LWDD E-4 Canal. The City of Boynton Beach Engineering Division is recommending that the review of specific drainage solutions be deferred until time of Technical Site Plan submittal. Driveways: In the commercial portion of the project, there will be three (3) main points of vehicular ingress / egress. One driveway opening is proposed along High Ridge Road. It will provide two (2) lanes of ingress and two (2) lanes of egress. The driveway's landscape median is proposed to extend to the property line in order to provide a pedestrian refuge area. The other two (2) driveways are proposed along Gateway Boulevard. The easternmost driveway on Gateway Boulevard is one (1) ingress lane and one (1) egress lane. This driveway will be 24 feet in width. The westernmost driveway will be one (1) ingress lane and two (2) egress lanes. This driveway will have a landscaped median with a pedestrian refuge island. The residential portion of the development will have one (1) point of vehicular ingress / egress to High Ridge Road on Quantum Park Lot 86, It will have two (2) lanes of ingress and one (1) lane of egress and be divided by a landscaped median. The landscape median will be approximately 12 feet in width. The ingress lanes will be a total of 24 feet in width (12 feet for each lane) and the egress lane will be 12 feet in width. This will be a gated access drive. Also, a one-way, gated vehicular access drive is proposed to allow the residents into the commercial area. For security reasons, no vehicles from the commercial area would access the residential complex. Ali entrances would have adequate pavement markings and appropriate signage for safety purposes. Parking Facility: The commercial portion of the proposed site plan requires a total of 471 spaces. This based on the following formulas: retail - one (1) space per 200 square feet of retail - one (1) space per 300 square feet of office - two (2) spaces per each apartment unit. However, the PID zoning district and MU Master Plan designation allows for more flexibility related to the required parking methodology. The applicant is requesting a waiver from the standard parking regulations to allow an overall parking formula of one (1) space per 225 square feet of gross floor area (see Exhibit "D" - Conditions of Approval). The above referenced requested parking methodology will be employed as it was with the Quantum Park and Village South project. Staff supports this waiver request. Efficiency and one-bedroom units require one and one-half (1.5) parking spaces per unit. Two-bedroom units and above require two (2) parking spaces per unit. Since 94,100 square feet of office / commercial / restaurant is proposed in conjunction with the six (6) apartments in Building "E", the project is required to have at minimum 428 parking spaces. The site plan for the commercial portion currently shows that 418 parking spaces will be provided, a deficiency of 10 parking spaces. If the requested parking methodology were approved, then the plan would need to be revised to include an additional 10 parking spaces (see Exhibit "D" - Conditions of Approval). Of the 418 parking spaces, 18 spaces are designated for handicap use. The handicap spaces will be located in the parking areas located in close proximity to the building entrances in order to satisfy the Americans with Disabilities Act (ADA) requirements. All new standard parking spaces will be angled 90 degrees. The dimensions of the standard parking spaces will be nine (9) feet in width by 18 feet in length, except for the handicap spaces, which will be 12 feet in width (with 5 feet of striping) by 18 feet in length. The plan shows that four (4) parking spaces will be provided in (4) four one-car garages. The floor plan (sheet "A-4.3") did not include dimensions. Ther garage spaces were included within the total number of provided spaces (418 parkir~ spaces). Page 4 Quantum Park and Village North Master Site Plan Staff Report Memorandum No~ PZ 02-191 The parking area design for commercial portions of the Master Site Plan do not meet the city's code regarding the 27-foot minimum drive aisle width. The plans indicate a 25-foot drive aisle in this area. The applicant has requested a waiver from this code requirement (see Exhibit "D" - Conditions of Approval), Staff supports this waiver request. The required parking for the residential portion of the project (136 townhouse units) is based upon the formula of two (2) spaces per each townhouse unit plus five (5) spaces for the recreation area for a total 277 parking spaces. The site plan (sheet "SP-1 ) shows that each townhouse unit will have a one-car garage. The plan also shows that 97 of the townhouse units will have driveways that will accommodate one (1) parked vehicle and driveways for the other 78 townhomes can accommodate two (2) parked vehicles. The space provided in front of the enclosed garages however, will be three (3) feet narrower than the required 12 feet for these types of spaces. This waiver was approved with the site plan for the Villas at Quantum Lake and Quantum Park and Village South. Staff supports this waiver request in connection with the justification accepted for similar projects. In all, the development will have a total of 331 parking spaces, or an excess of 54 spaces. The dimensions of the standard 90-degree parking spaces will be nine (9) feet in width by 18 feet in length, except for the handicap spaces which will be 12 feet in width (with 5 feet of striping) by 18 feet in length. The parallel parking spaces will be dimensioned nine (9) feet in width by 25 feet in length. Landscaping: The landscaping proposed for the site is conceptual. Detailed landscape plans will be required with the submittal of a Technical Site Plan for each phase (see Exhibit "D" - Conditions of Approval). The conceptual landscape plan does include a list of plant material that may be used on site. The applicant has requested a waiver to allow less than 50% of the overall site landscape materials to be of native species. According to Chapter 7.5, Article II, Section 4.P, at least 50% of site landscape material must be native species. The applicant is proposing extensive landscaping and would like to vary the landscape material. Staff supports the waiver request while maintaining that the required landscaping meets the 50% na;ive requirement. According to the fandscape plan, the commercial portion will have 11 different categories of landscape material. The 11 categories are as follows: Existing palm / tree, Parking lot tree, Shade tree, Buffer tree, Large flowering tree, Accent tree, Accent palm, Specimen palm, Palm tree, Accent shrub, and Shrubs. All four (4) perimeter buffers will have a combination of Shade trees and Buffer trees. The north and west buffer planting plan must be consistent with the adopted Quantum Park buffer plan (see Exhibit "D" - Conditions of Approval). The landscape plan for the residential portion is slightly different. According to the plan, the residential portion will have 13 different categories. The 13 categories are as follows: Mahogany tree, Royal palm, East Lake Palatka Holly, Live Oak, Silver Buttonwood, Royal Poinciana, Pigeon Plum tree, Japanese Fern tree, Sabal Palm tree, Alexander Palm (triple and double), Carpentaria Palm (double), and Coconut Palms. Building and Site: The City Commission adopted Ordinance No. 00-52 amending the Land Development Regulations Chapter 2, Section 7, Planned Industrial Developments to allow mixed use pods in a PID. The ordinance outlines special submission requirements, procedures for review, and for waivers from standard development regulations. This application is considered a "Master Site Plan" as defined by the ordinance. A total of seven (7) waivers are requested in conjunction with this submittal. The list of proposed waivers is located on site plan sheet "A-3". Justification for all waivers was submitted as required (see Exhibit "C"). All other building and site regulations will be met when staff comments are Page 5 Quantum Park and Village North Master Site Plan Staff Report Memorandum No. PZ 02-191 incorporated into the permit drawings. Community Design: The commercial portion of the Master Site Plan consists of six (6) separate buildings. Buildings "A", "B", and "F" will be one (1) stow tall and Buildings "C", "D", and "E" will be two (2) stories tall. Buildings "A" through "D" will be a mixture of office and retail uses. Building "E" will be a true "mixed use" building in that it will have both commercial and residential (6 apartments) uses. Building "F" will be a 4,000 square foot bank with a drive-through facility. No conditional use approval will be required for the drive through feature since financial institutions are permitted uses. The design of the commercial component will be compatible with the existing / proposed commercial / residential complexes south of Gateway Boulevard (Quantum Park & Village South). Although the elevations do not indicate the colors, according to the applicant, the color palette will consist of three (3) different schemes. Scheme #1 will have the following colors: New Colonial Yellow SW #2853, Caribbean Coral SW #2854, Edelweiss SW #2446, and Monier Lifetile (S-Tile Roof) IVRSS6789. Scheme #2 will have the following colors: Classical Gold SW #2831, Turtle Creek SW #2365, Devon Cream SW #2447, and Monier Lifetile (S-Tile) IVRMS4007. Scheme #3 will have the following colors: Western Reserve Beige SW #2052, Shaker Red SW #2173, Classical White SW #2829, and Monier Lifetile (S-Tile Roof) IVRWS0055. The design will also be compatible with the residential component of this project (to the north). Similar colors and building materials will be used. A pedestrian and vehicular connection is proposed between the uses. The residential portion of the project will consist of 17, two-story townhouse buildings. ,~ proposed, each building will vary the number of units with the standard consisting of two ~ different types of models. According to the residential site plan (sheet "SP-I"), there are two models (Model "A" and Model "B") and their reverse. The total residential building area will be 137,148 square feet dispersed throughout 136 units. The net density will be 11.71 units per acre. The code requires that there be a 25-foot separation between the buildings. The applicant is requesting a waiver to reduce the building separation from 25 feet to 20 feet. Staff supports this waiver request. The two (2) stow townhouses will be nearly 28 feet in height. According to the residential elevation (sheet "A-3"), the exterior of the buildings will have a stucco finish and "Spanish-Tile" roofing. The colors will range from Sherman Williams' white, tan, and gold (Restoration Ivy SW #6413, Roycrofi Suede SW #2842, Rookwood Antique Gold SW #2814, and Rockwood Terra Cotta SW #2803). Sidewalks are provided throughout the development as well as lush landscaping around the buildings, the recreation facilities and common areas, A separate pool and clubhouse will be provided to serve the residents of this community. Signage: No additional project signage is proposed with this submittal. Signage for this project will be submitted separately for approval. (see Exhibit "D" - Conditions of Approval). RECOMMENDATION: Staff recommends that this site plan request be approved subject to the comments included in Exhibit "D" - Conditions of Approval There are seven (7) waivers requested with this Master Site Plan approval. Staff recommends approval of alt waivers, except for the waivers related to buffer width. The buffer waivers that staff objects to are the following: · Waiver of 25 feet to allow a reduction in peripheral buffer from 40 feet to 15 feet where adjacent to residential (along western boundary of Lots 83 & 87); Page 6 Quantum Park and Village North Master Site Plan Staff Repor~ Memorandum No. PZ 02-191 Staff recommends denial of this waiver request due to the future possibility of abutting incompatible land uses. As proposed, the western perimeter buffer would be greatly reduced in the areas where the proposed residential townhouses would directly abut proper'~y that contains an underlying land use classification of Industrial (1). The property to the west of the subject parcel is currently zoned RolAAA but could potentially be developed for industrial uses. The rear of the townhouse units will only be 20 feet from the west property line and the western extent of the individual lots will only be (5) feet from the west property line. If the abutting property to the west were rezoned from Single-family residential (R-1AAA) to Light Industrial (M-l), the industria~ buildings on said property would only be required to maintain a 20 foot setback. · Waiver of 20 feet to allow a reduction in the peripheral buffer from 25 feet to 5 feet along the northern boundar~ line. Again, staff recommends denial of this waiver request due to the future possibility of abutting incompatible land uses. As proposed, the northern perimeter buffer would be reduced in areas where the residential townhouses would directly abut property currently zoned Light Industrial (M-l). The rear setback for the industrially zoned property would be 20 feet. The Land Development Regulations do not address situations where industrially zoned properties abut other industrially zoned properties that contain residential land uses such as in this case. No buffer or wall would be required. The townhomes would be 20 feet from the north property line and the extent of their rear yard would only be 5 feet from the north propert7 line. The Technical Review Committee (TRC) recommends that the deficiencies identified in Exhibit "D" be corrected ,-,q the set of plans submitted for Technical Site Plan approval and building permit. x¢: Central File S:\Planning\SHARED\WP\PROJECTS\Quanturn Park & Village\SBMP 02-002 north\Staff Report.doc Location Map EXHIBIT"A" QUANTUM PARK & VILLAGE NORTH IVI/ NIC A ........ EXHIBIT "B" EXHIBIT B"' _ EXHIBIT "B" ',PROJECTSL2002\0204 l_Quantm'n_Park_Village_North~BASE_PLANS_204 I.dwg, 09/12/2002 12:31:38 PM, COPYRiGHT EXHIBIT~ "B" EXHIBIT :"B" EXHIBIT:"B" PROJECTS~2002\0204 l_Quantum_Park_Village_North~BASE_PLANS_204 I.dwg, 09/12/2002 12:31:09 PM, COPYRIGI iT EXHIBIT "B" EXHIBIT "B" J.AGE AT BOYNTON BEaCH\CADD FILES\DRAWINGS\LV-$1T~PI_A4N_86.DWG, q/12/200~ 9 6.7:06 AH 'Il Iii l[i"l:l!l:l.,l:.,lll!l[l:l!![lhl'"'" : "II[ · ~:'::i: 'l""l ' Iii ~ I : lli I ill: J ...:, ,,:, ,,,.::.: iii:j[ Il JlJ!l j!ili :J ,, ,,:l i.!~:jill ' Ill: Ii]Ill Ii:Jill]Ill Il J , , :, . ill I' l :,,, ,,,,,,,,, , , ,::,i::l: , IIIi :' iilli[i I : : I Iii: ~ I~, 1 ,I~ j ,::'illI: J I [11 [,Iii il J i l i i liiiiiiii Jl ~ tiil i il ii i i ~!,~ I I I EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" · EXHIBIT "B," EXHIBIT "B" ',XHIBIT "B" AT BOYNTOi~ BEAc~\CADD FILES\DRAWINGS\LV-LNDE~.ApF__86.OV/G. 011Z/2002 ~ :39:Z0 AH EXHIBIT "C" September 06, 2002 ; · iu~ta ua,ay, A..[CP City of Boynton Beach Plarming ~ ~o~n~ 100 E. Boston Beth Boulev~d So}~ton Beach, FL 33a25 Revi~efl R~qn~t toe Waiver~ - Quantum Park & Village ~o. Slfle ot Gateway Blvd. Lots 83 t~ra 88 D~ Lusia: ~ ~er~by requ~t w~vers for ~:~ P~k & Vill~ge, No~h side of Gateway Bird., to the CiW of Boston ~e~h Code of ~n~e~ - p~ ~ L~d Development Re~atio~ Chapter 2 - Zoning $ez~on 7 - P~ed hdus~ Di~el ~d C~pter 2, Secdon Supplement~ Re~lationa. The following is · hst o. t.e r=quested waive:~ m~d ~uppo~ng document.:on: ~dentia] / Comm~ia] z · L~d Development Re~a:a~ons Chapter 2 - S~fion ~, M, I ~d Cha~t~ 23, ~cle ~ ~n~nee~ng Dr~win$ No, B-gG0~3) - Reques~g waiver of 2' to allow w~d~ of 25' rath~ · ~ 27' for ~e b~k.up dive.ion for 90 ~e~s p~king ~p~s ~ :equ~t is r~uc~ the ~ of impemviou~ (~ph~t) ~e~ with~ the ~roject ~d ~low for more open s~ce. · ~d Deve~opm~t R~]a~on Chapter ~ - S~tion ~, M, 2 - Re~es~ng waiver of 3' allow r~due~on in ~e m~um 12' ~d~ requ~ for ~e ~t p~ki~$ space not wi~n a g~age, ~e 3' ~uction aI]o~'~ for m~re op~ sp~e ~d l~apmg m~ provide~ umfo~ p~klng *pac~ ~u~out ~c p~ject, · ~d D~'elopment Re~o~, C~ 2, Sec~on 7 . H . 17 De~i~ C~t~a: P~pheral Greenbelt: W~ver of 25 feet to ~ow a red~on in ~e p~pheral buffer ~om ~0 fe~ to fe:t. ~e project is ho~zontaHy m:~a:~ wi~ a m~ of ~es not c~n~plated with ~e more intense ~d~ · L~d Develop~t Re~ala~o~ C~pter 2, Set,on 7, ~, 17 - Rcqu~dng waiver of 20 fe=t t~ all~w a :educ~.n in the peHphe~l buffer ~om 25 feet to 5 f~t along ~o~ bounds, line res~denti~ p~ceL T~ ~uc:io~ ~Io~ for privacy ~cre~ng of y~ for ~e :~identia~ EXHIBIT "C" Pag~ 2 September 06, 2002 Ma./u~ia Galav / Rexased R"qu~t/'or Waiver~ - Quant,am Park & Village No. Side of Gateway Blvd. / Lots 83 thru 88 · Land Developrnent Regulations, Chapter 2. Secdon 7 . H. 17 Design C.~tena: Distance Between Buildings: Waiver of 5 feet to allow a reduction in the mirumum distance from 25 fe~ :o 20 feet. TI'ds waiver allows for ho~zontal Jnteg~'~tion of design concept~. · Land Development Regulations, Chapter 7.5, Article II, Sec~on 5 . P. Landscape Code - Requesting a waiver of permitted plant mater/ai :o allow landscape material over and above ch.- required amounts ~, be less ~a,'a 50% native. TH: project will more than exceed the nativ: requiremenU for requiz'ed material. · Land Development Regulations Chapter 2, Section IJ, H - Provision of Off-Street ?arking Spaces - Request{rig a w~iYer of total required spaces for the retail / off=ice / restaurant uses to incorporate an overall 1 space per 225 squ&re fee:. The mixed use project, pa.,'ticularly with the Waned/ate interoztion /acr, es$ibiliq, of residential a;'ailabd{tv of,,ark/--,,- ........ units, allows the shared use / off peak · t- -$ tmougn~ut me project. If you have nay questions regarding the waivers, p{¢aae feel ,5'ee to centact me at (95,;) Q/.~ 3[ PARK & VILLAGE, LLC Man/~in~ cc: £ug~ne OCr~ca. quaat'tu~ F~x ($~) 740-24,29 Doug McDonald - Q'~mum ~ax ($61) 7t~0--2~.7,9 Igor Ol~'m¢off. Olen g~ (9~.9) 719.7250 pr~ja¢l file U "$'~EZL'A\qUANTU'M',Paz*.nersh~p~Con..e,poadence~002~.Gatav 0~0602 Request for Waivers.doc EXHIBIT "C" Calvin, Giordano ~- Associates. Inc. Engineers Surveyors Planners July 17, 2002 Mr. Michael Rumpf, Director planmng and Zoning Department City of Bo.vnton Beach 100 E. Boynton Beach Blvd. - West Wing Boynton Beach, FL. 33435 RE: REQUEST FOR WAIVERS - QUANTUM VILLAGE AT QUANTUM PARK (RESIDENTIAL PORTIONS OF LOTS MU 8348, ALL OF LOT 89B) Dear Mr. Rumpf: Pursuant to the City of Boynton Beach Code of OrdinunC~ - Part III - Land Development Regulations - Chapter 2- Zoning, Section 7- Planned lndus-tria1 Development District and Chapter 2, Section 11 - Supplemental RegulatiOns, waivers are hereby requested for Quantum Village ar Quantum Park. The waivers will pertain to lots MU 83 through MU 88, located north of Cra~xamy Boulevard, west of High Ridge Road; and Officedlndustrial Parcel 89B, located north of Gateway BouleVard, east of High Ridge Road. A Notice of Proposed Change and Master Plan Amendment have been filed simultaneously with the City to convert Parcel 89B from office to mixed use. BACKGROUND/HISTORICAL PETITION INFORMATION: Quantum Park is a Development of Regional Impa~t approved in 1984. The Development Order granted for the park has been amended since its original attoption. The amendment that allows residential land uses within the Park is Amendment No. I0 that "simultaneously increased thc conunercial intensities and decreased the office and industrial intensities. The simultaneous iacreasthg and decreasing of the land use intensities resulted in no additional regional impact most notably by not increasing thc total traffic generated" (Quantum Park Annual Starus Report - March 2002). Parcels MU 83 through MU 88 have Master Plan approval that will allow development of the proposed commercial and residential land uses. The commercial land uses will face Gateway Boulevard and the balance of the property will be developed as townhomes. The action required by City Council to accomplish this request is granting of the waivers outlined later in this letter. A master plan amendment and Notice of Proposed Change have been submitted for Parcel 89B that need to be approved prior to the granting of waivers to allow the townhomes proposed for the parcel. WAIVERS A~ND SUPPORTING JUSIFICATION: Below is a list of the waivers and supporting justification fi'om thc City of Boynt0n Beach Code of Ordinances Part III - Land Development Regulations Chapter 2 - Zoning, Section 7 - Planned Industrial Development District and Section 11 - Supplemental Design Standards. ,,..-. M,c ,e, EXHIBIT "C" CitTo£Boy~ton B~ch Pase 2 July 7, 2002 Part III - Ch. 2, Section 7 - II. Design Criteria: 15. Distance between buildings: Wa./ver of 5 feet to allow a reduction ia the minimum distance from 25 feet to 20 feet. TMs waiver applies only to Parcel MU 87. Justification: This is a residential pod that would typically be subject to the regulations contaiaed m the R-3 Malt/family Zoning District, which requires only a twenty-foot minimum building separahon. The twenty five foot building separation required in the PIDD applies to industrial or commercial buildings that are allowed by Code a greater Floor Area R~tio and building height that whaZ is comemplated w~ this two Story town home development. It is also impor'mnt to note that the City's Code contemplated the 'separation would apply to buildings being on the "same lot or parcel of land" whereas the town homes will be fee simple ownership. The town house design presented based upon the twenty-toot separa~on is typical for a residential project, and ia some jurisdictious, less building separation is aotual/y required. Part III - Ch. 2, Sect/on 7 H. Design Criteria: 16. District setbacks: Waiver of 10 · · feet to a/iow a reduction m the rear yard setback from 30 feet to 20 feet. This waiver applies only to Parcel ggB. Justification: This waiver will apply to fourteen town homes loeat_~d along the north property line of Parcel 89B. The reduction ia width is located On the rear property line in a remote area of the overall project. Tiffs reduction is therefore the least disruptive to the design of the overall project, which provides for. ~eater open space and building separation in other areas of the parcel. The adjacent land uses already exast and screening of the town homes from those adjacent us~ has been addressed in the landscape plan by the provision 0fa wall and laodseapo material. Part III - Ch. 2, Section 7 H. Design Criteria: 17: Peripheral greenbelt: Waiver often feet to allow a reduction in the peripheral buffer where adjacent to residential from 40 feet to 30 feet (Lots MU 83, 87 & 88); waiver of 5 feet to allow a reduction in the peripheral buffer from 25 feet to 20 feet (Lot 89B). Justification: Lots MU 83, 87 and 88 are adjacent to an area that carries a non-conforming residential zoning district although the underlying Comprehensive Plan land use desi~n~6on is Industr/al. The purpose of the 40-foot buffer was to shield the residential land uses located on the west property line of the Park from future residential development. The anticipated developmen~ pa~ro for the Park was non- residential; however, cl~nses made to the DRI Master Plan now allow residential land uses within the park reducing the potential for land use conflicts along the perimeter of the park that the forty foot buffer requirement was supposed to address. A/though the tuVar= la~d use d~L~.agcn of the patcei adjacent to MU 83, 87 and 85 is industrial, it is questionable if the property will actually develop as such based upon the amount of land area that remains w~thln ~ Partc that is more readily available. The north property line of Parcel g9B wonld normally require a 25 foot buffer. The reduction of the ~ ~ pane m taus area nave already been established and the town homes can be adequately screened as depicted on the landscape plan. Part III Chapter 2, Section 11 - Supplemental Regulations, H. Provision of off-street parking spaces - No. 2 Waiver of 3 feet to allow a reduction in the minimum 12-foot width required for the first paxtdng space ' (appLies to MU 83 through MU 88 and Parcel 89B) Justification: This regulation requires the first required paxldng spaces that ~ lief wilhln a garage to be a minimum of twelve feet in width. It is questionahl[e if this provision should apply. Th~ reg~duhon thax "for all required residential district parking spaces not within an enclosed galaS, tho first parking space shall be a minlrlltlm oftwetve feet". All of the town home units have a single car garage. Therefore, the parking space outside of the garage is technically the second space. Notwithstandin~ this variation, a waiver is requested that reduce~ the "first space" to 9 feet in width for units that have a single car driveway m front of the garage. The three-foot reduction allows for more open space and landscaping in the fi-ont yard, enhancing the overall apI~arance of the community. The single car driveway provides sufficient maneuvering area because the length of the space is twenty fee% which is two feet longer than required by code. This allows the. vehicle to be sil~mt_e~_ fully within the driveway, and prevents any overhang of the vehicle into the sidewalk. Since these are ptival~ driveway~, there is not turnover of vehicles using the space. It should.also be noted that a portion of the units have been designed with a 19 foot wide drive aisle and therefore the waiver will not perlain tO all of the spaces. If you have any questions regarding this request for waivers, please call me. CApV , & ASSOOAT S, I C. Sara Lockhan, AICP Planning Administrator Exhibit "D" Conditions of Approval Project name: Quantum Park & Village North File number: SBMP 024)02 Reference: 2~ review plans identified as Subdivision Master Plan with a September 3, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Ensure an adequate number of trash collection points (with appropriate X access and maneuvering space) are provided in both the commercial and residential portions of the proposed commercial and residential properties. PUBLIC WORKS - Traffic Comments: 2. A pernut to Construct within the Public Right-of-Way, issued by the X Engineering Division of Public Works, will be required at the time of permitting for work on Gateway Boulevard. pernuts may also be required from Palm Beach County and the Quantum Park POA for work on High Ridge Road and Gateway, Boulevard. UTILITIES Comments: 3. The LDR, Chapter 3, Article IV, Section 3.0 requires Master Plans to X show all utilities on or adjacent to the tract. The plan must therefore show the point of service for water and sewer, and the proposed off-site utilities construction needed in order to service this project. Sanitary sewer and underground power runs northeast to southwest across the subject parcels (easement(s) shown on survey only). Show how these lines will be relocated so that there no are conflicts with proposed structures. FIRE Comments: 4. Design documents shall demonstrate compliance with LDR Chapter 6, X Section 16, which provides requirements for hydrants. Hydrants in commercial applications shall be no more than 300 feet apart and the remotest part of any structure shall be no more than 200 feet from a hydrant. Connections shall be to mains no less than 6 inches in diameter. In addition to domestic requirements at a residual pressure of not less COA 09/25/02 DEPARTMENTS INCLUDE REJECT than 20 psi, a fire flow of at least 1500 gpm is required. 5. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 6. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an X Administrative Order dated May 9, 2001, that provides the minimum performance for all security gates and emergency access. Copy attached. 7. Emergency access shall be provided at the start of a project and be X maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 54.3. City Ordinance Section 9-6, 3./7-11 requires approved automatic fire sprinkler systems throughout the following: · All buildings or structures regardless of the type of construction which are 3 stories or more in height or all buildings or structures in excess of 30 feet in height as measured from finish ground floor grade to the underside of the topmost roof assembly. · All buildings or structures regardless of the type of construction that are in excess of 12,000 square feet per floor. POLICE Comments: None ENGINEERING DIVISION Comments: 8. Increase the east Gateway Boulevard driveway width to a minimum of 24 X feet to provide at least two (2) - 12 font drive lanes. Staff recommends a width of 27 feet for one (1) - 15 foot ingress lane and 1 - 12 font egress lane. 9. At the time of technical site plan review, provide a list of all easements X within the project(s), including legal descriptions, that will require abandonment for review and approval. 10. Provide written and graphic scales for the Landscape Plan for the X commercial development. COA 09/25/02 DEPARTMENTS INCLUDE REJECT 11. Indicate to what standard the project will be constructed; if the FDOT X Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Me~c units. 12. At the time of technical site plan review, staff recommends re-evaluating X the proposed location of the residential pool and tot lot. Their location, on the outside of the high-speed roadway curve of High Ridge Road, poses serious concerns with regard to safety. A central location, internal to the residential development, is recommended. 13. At the time of technical site plan review, staff recommends re-evaluating X the proposed location of the mailboxes for easy resident accessibility. BUILDING DIVISION Comments: 14. At time of pernut review, submit signed and sealed working drawings of X the proposed construction. 15. At time of permit review, submit for review an addressing plan for the X project. 16. Add to all plan view drawings of the site a labeled symbol that represents X the location and perimeter of the limits of construction proposed with the subject request. 17. At time of perrmt review, provide a completed and executed City of X Boynton Beach Unity of Title form or other form acceptable to the City. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 18. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 19. At time of permit rev/ew, submit for review an addressing plan for the X project. COA 09/25/02 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: 20. The Park and Recreation Facilities Impact Fee requirement for Single X Family Attached Homes is based on $771 per unit. Since there are 136 single family attached homes shown on the plan the fee is computed to be $104,856 ($ 771 x136 units). 21. The Park and Recreation Facilities Impact Fee required for apartment X homes is based on $656 per unit. There are six (6) apartment units proposed in Building "E". An additional $3,936 ($656 x 6 mits) is required. 22. The Park and Recreation Facilities Impact Fees are due before the first X applicable buildin~ permit is issued. FORESTER/ENVIRONMENTALIST Comments: 23. The applicant should indicate the presence or absence of gopher tortoises X on the site. 24. The applicant should indicate on the civil drawings, the final site X elevations between the site and the acreages along the North and West property perimeters. PLANNING AND ZONING Comments: 25. Prior to building perrmt, applicant must submit Technical Site Plans for X each phase (Chapter 2, Section 7.P.). 26. The required backup dimension for 90-degree parking spaces is 27 feet. X The residential portion of the site plan shows that the backup area for the guest parking will be accomplished via the development's internal roadway, which is only 22 feet wide. Revise the plan so that the dimension is 27 feet in order to comply with Eng/neefing Drawing No. B- 90013 or revise the dimension to 25 feet so that it matches the already requested waiver (Condition of Approval #27). The project will require new public notices and advertisement of any new waiver request (if the backup dimension remains at 22 feet in width). COA 09/25/02 DEPARTMENTS INCLUDE REJECT 27. Approval of this project is contingent upon the granting ora waiver fi.om X the Land Development Regulations Chapter 2, Section Il.HA and Chapter 23, Article lI.I. 1. (Engineering Drawing No. B-90013) - Requesting Waiver of two (2) feet to allow a width of 25 feet rather that the required 27 feet for the back-up dimension for 90-degree parking spaces. WAIVER REQUESTED. JUSTII~ICATION PROVIDED FOR THIS CODE DEVIATION. (Approved) 28. Approval of this project is contingent upon the granting of a waiver from X the Land Development Regulations Chapter 2, Section l l.H.2. - Requesting Waiver of three (3) feet to allow reduction in the minimum 12 feet width required for the first parking space not within an enclosed garage. WAIVER REQUESTED. JUSIIIqCATION PROVIDED FOR THIS CODE DEVIATION. (Approved) 29. Approval of this project is contingent upon the granting of a waiver from the Land Development Regulations Chapter 2, Section 7.H. 17 - Requesting Waiver of 25 feet to allow a reduction of the peripheral buffer X from 40 feet to 15 feet where adjacent to residential (along western boundary of Lots 83 and 87). WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. STAFF RECOMMENDS DENIAL OF WAIVER REQUEST. 30. Approval of this project is contingent upon the granting ora waiver from the Land Development Regulations Chapter 2, Section 7.H.17 - Requesting Waiver of 20 feet to allow a reduction in the peripheral buffer X from 25 feet to 5 feet along northern boundary line residential parcel. WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. STAFF RECOMMENDS DENIAL OF WAIVER REQUEST. 31. Approval of this project is contingent upon the granting of a waiver fi.om X the Land Development Regulations Chapter 2, Section 7.H.15 - Requesting Waiver of five (5) feet to allow a reduction in the minimum distance between buildings, from 25 feet to 20 feet. WAIVER REQUESTED. JUSTIIqCATION PROVIDED FOR THIS CODE DEVIATION. (Approved) 32. Approval of this project is contingent upon the granting ora waiver from X the Land Development Regulations, Chapter 7.5 Article II, Sec. 5.P. Landscape Code - Requesting a Waiver of permitted plant material to allow landscape material over and above the required amounts to be less than 50% native. WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION. (Approved) 33. Approval of this project is contingent upon the granting of a waiver from X the Land Development Regulations Chapter 2, Section l l.H. - Requesting Waiver of total required spaces for retail/office/ restaurant COA 09/25/02 DEPARTMENTS INCLUDE REJECT uses to incorporate an overall formula of one (1) space per 225 feet (418 [ spaces required). WAIVER REQUESTED. JUSTIFICATION I PROVIDED FOR THIS CODE DEVIATION. 34. The north and west landscape buffers of the proposed project must be consistent with the adopted Quantum Park buffer plan (i.e. tree species, X quantity, planting pattern). 35. Efficiency and one-bedroom apartment units require one and one-half X (l.5) parking spaces. Two-bedroom apartment units require two (2) parking spaces. The waiver request for required parking methodology excluded the six (6) residential apartment units. Therefore, at minimum, an additional (10) parking spaces will be required for the six (6) residential units proposed in Building "E" (if all units are proposed as efficiency or one-bedroom). Revise the plans so that this requirement is met. Technical site plans and permit drawings must indicate provisions for future vertical accessibility. 36. The traffic study must be approved by the Palm Beach Traffic Division X prior to the issuance of any pernuts. 37. The residential site plan (sheet SP-1) tabular data should indicate the X dimensions of the outdoor patio area. This may impact the impervious / pervious area when the project is eventually built-out. In addition, to avoid future complications, the plans must indicate any provisions for screened roof and / or solid roof screened enclosures. 38. Submit abandonment request for the 15 foot FPL utility easement that X traverses lots 83, 86, and 87. Abandonment and rededication of these easements must be recorded prior to issuance of a building permit for the project. This may also require a replat subject to Engineering approval. 39. Final landscaping will be determined at the time of technical site plan X approval for each phase. 40. Indicate the color schemes (by manufacturer name and number) to be X used on both the residential and commercial / office elevation sheets (all four building sides). 41. No signage is shown on the plans. Project signage will require separate X review and approval of the Planning & Development Board. At this time, all signage must be consistent with the master sign program for Quantum Park. 42. Provide a letter of approval from the Quantum Park Architectural Review X Committee (ARC) prior to the Planning & Development Board meeting. (satisfied) 43. Place a note on the landscape plans indicating that mulch other than X Cypress shall be used and maintained for landscape purposes (Chapter COA 09/25/02 DEPARTMENTS INCLUDE REJECT 7.5, Article II, Section 5.C.8.). 44. Coordinate the location of the bus stop with Palm Tran and provide a bus stop / shelter (either internal or external) along Gateway Boulevard and X or/ High Ridge Road. Staff recommends locating the bus shelter in a centralized location. 45. At the time of Technical Site Plan approval, staff recommends relocating the recreational area so that it is more centrally located to all units. Staff also recommends relocating the recreation area to Lot 86 so that it links X with the pedestrian spine and becomes the terrmnus / focal point of the walkway that leads to the commercial area. 46. The landscape median proposed in the driveway of the residential area on X High Ridge Road should contain a pedestrian refuge area. 47. No specifications were given for the landscape material proposed in the X residential portion of the project. The landscape material used in the residential portion of the project must be consistent with the landscape material used in the commercial portion and must also meet the minimum specifications as required in Chapter 7.5 of the Land Development Regulations. 48. The underlying land use is "mixed use". Staff strongly endorses incorporating a mixture of residential and commercial uses within the same building, such as in the case of Building "E". Staff recommends X further incorporating more residential uses within the other buildings in the "commercial" portion of the project. 49. Staff recommends that the residential component be designed more architecturally compatible with the character of "Building "E" (i.e. with the addition of towers and more diverse roof articulation, similar window X style and size variations, the use of awnings, shutters). The open walls along the side / rear portions of the residential facades should be enhanced accordingly with the addition of score lines or other design accents. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 50. Approval of this project is contingent upon the granting of a waiver from the Land Development Regulations Chapter 2, Section 7.H. 17 - X Requesting Waiver of 25 feet to allow a reduction of the peripheral buffer from 40 feet to 4-5 24 feet where adjacent to residential (along western boundary of Lots 83, 87, and 88). (See # 29) (Approved) COA 09/25/02 DEPARTMENTS INCLUDE REJECT 51. Approval of this project is contingent upon the granting ora waiver from the Land Development Regulations Chapter 2, Section 7.H.17 - Requesting Waiver of 20 feet to allow a reduction in the peripheral buffer from 25 feet to 5 feet along northern boundary line residential parcel, X subject to placement of a buffer wall along this boundary. (See # 30) (Approved) 52. Approval of this project is contingent upon the granting ora waiver fi.om the Land Development Regulations Chapter 2, Section l 1.H. - X Requesting Waiver of total required spaces for retail/office/restaurant uses to incorporate an overall formula of one (l) space per 225 feet (418 spaces required). Require as a condition of reduction providing handicapped spaces based on required spaces, not reduced spaces. (See # 33) (Approved) 53. Revise # 44 to read: Coordinate the location of the bus stop with Palm Tran and provide a bus stop (either internal or external) along Gateway X Boulevard and or/High Ridge Road. Staff recommends locating the bus shelter in a centralized location. 54. Revise # 49 to read: Staff recommends that the residential component be designed more architecturally compatible with the character of "Building "E" (i.e. with the addition of similar window style and size variations, the X use of awnings, shutters). The open walls along the side / rear portions of the residential facades should be enhanced accordingly with the addition of score lines or other design accents. 55. The City should (take necessary steps to ) reduce traffic speed on High X Rid~;e Road. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 56. To be dete~'~ifined. MWR/elj DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park and Village North APPLICANT: Eugene Gerlica, P.E. with Quantum Limited Partners, Ltd. APPLICANT'S ADDRESS: 2500 Quantum Lakes Drive, Suite 101 Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 1, 2002 TYPE OF RELIEF SOUGHT: Master Site Plan approval LOCATION OF PROPERTY: Northwest comer of Gateway Boulevard and High Ridge Road (Quantyum Park Lots 83-88) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of 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. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP~PROJECTS\Quanturn Pan~ & Village\SBMP 02-002 north\DO,doc VIT.-CONSENT AGENDA O ITEM D.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORtvl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 6, 2002 July t7, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon) [] August20,2002 AugustS, 2002 (Noon) [] October l5, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administxative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the October I, 2002 City Corurmssion Agenda under Consent Agenda. The Planmng and Development Board with a 6 to 1 vote, recommends that the subject request be approved, subject to the condition that the city upgrade the southern portion of Hoadley Road which appears substandard relative to the northern portion of the road. This portion of the road is separate from that immediately adjacent to the project which is to be improved as a condition of approval. Staffwitl attempt to identify and report the exact portion of the road that is of concern; however, additional time may be necessary for this research. For further information pertaining to the request, see attached Department of Development Memorandum No. PZ 02-180. EXPLANATION: PROJECT: NEW ALLIANCE HAITIAN CHURCH {NWSP 01-008) AGENT: Alfred Daise OWNER: New Alliance Haitian Church LOCATION: Hoadley Road (east side, south end) DESCRIPTION: Request for site plan approval for a one-story (240 seat) church on a 1.9-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A b~,e(k~phler~Department Director City Manager's Signature Planning~and Zo~tifitg Director City Attorney / Finance / Human Resources S:~Planning~SHARED\WP~PROJECTShNew Alliance Haitian ChurchXAgenda Item Request New Alliance Haitian Church NWSP 014)08 10-I-02,dot S:~BULLE~ORMS~AGENDA ITEM REQUEST FORM,DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-180 SITE PLAN REVIEW STAFF REPORT PLANNING & DEVELOPMENT BOARD AND CITY COMMISSION September 11,2002 DESCRIPTION OF PROJECT Project Name/No.: New Haitian Alliance Church / NWSP 01-008 Property Owner: New Alliance Haitian Church Applicant: Alfred Daise with Daise Management Corporation Location: East side of Hoadley Road, approximately 850 feet south of Old Boynton Road Land Use: Low Density Residential (LDR) Zoning: Single-family Residential (R1AA) Project size: Site Area: 82,871 square feet (1.9 acres) Pervious Area: 47,502 Lot Coverage Area: 5,146 square feet (6.21%) Number of seats: 240 seats Adjacent Uses: (see Exhibit "A" - Location Map) North: Developed single-family homes with a Low Density Residential (LDR) land use classificat and zoned Single-Family Residential (R-1AA); South: Canal right-of-way, father south is commercial development with a Local Retail Commercial (LRC) land use classification and zoned Community Commercial (C-3); East: Canal right-of-way, farther east is developed single-family homes with a Low Density Residential (LDR) land use classification and zoned Single-Family Residential (R-1AA); West: Hoadley Road right-of-way, farther west is a developed commercial plaza (Winn-Dixie) with a Local Retail Commercial (LRC) land use classification and zoned Community Commercial (C-3). Proposal: Alfred Daise with Daise Management Corporation proposes to construct a one-story 5,146 square foot church with 240 seats on a 1.9-acre parcel. All site development will occur in one phase. A church (place of worship) is a permitted use in the R-1AA zoning district. Site Characteristics: The subject parcel is comprised of two (2) square-shaped lots located on the east side of Hoadley Road near the terminus of the right-of-way. The vacant lots are undeveloped, relatively flat in contour, and vegetated by field grasses. The site contains a scrub oak, several Cabbage palms, and a Strangler Fig. Several unidentified trees are located along and outside the west property line. The parcel is nestled in an area dominated by single- family homes. According to the survey, the asphalt of the right-of-way stops short of the subject property. The developer will be required to extend the asphalt of the Hoadley Road right-of-way. The existing width of the Hoadley Road right-of-way is 30 feet. By toda' standards, this type of roadway (classification - local road) requires the right-of-way to be ~ feet in width. The actual pavement of Hoadley Road from Old Boynton Road to the subject property varies in width but is approximately 18 feet wide as it approaches the subject Page 2 New Alliance Haitian Church Site Plan Review Staff Report Memorandum No. PZ 02-180 property. Therefore, approval of this project is contingent upon the granting of a variance to reduce the required width of the right-of-way from 50 feet to 30 feet in conjunction with the request for a sidewalk waiver (see Exhibit "C" - Conditions of Approval). If the sidewalk waiver were approved, it would eliminate three (3) conditions of approval (Conditions #3 through #6). Concurrency: a. Traffic - A traffic impact statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined that the project would generate less than 200 new daily trips, and therefore, meets the Traffic Performance Standards of Palm Beach County. b. Drainage- Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires 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 review, when more complete engineering documents are required. Driveways: The subject property fronts on Hoadley Road. Two (2) points of ingress / egress are proposed on Hoadley Road. Each point of ingress / egress will be 23 feet in width and separated approximately 180 feet from each other. The location of the entrances was determined to be in the optimal locations to allow for emergency and / or service vehicle ingress / egress. Both entrances will have adequate pavement markings and appropriate signage for safety purposes. Parking Facility: Parking required for a place of worship is based on either one (1) parking space per 100 square feet of gross floor area or one (1) space per four (4) seats in the auditorium, whichever is more stringent. The more restrictive parking methodology will be based upon the total number of seats. A total of 63 parking spaces will be required for the project (includes office area). The proposed site plan provides a total of 63 parking spaces. The parking lot would surround the north and west sides of the building. Of the 63 parking spaces, three (3) spaces are designated for handicap use. All handicap spaces would be situated in close proximity to the building entrances in order to satisfy American with Disabilities Act (ADA) requirements. All new standard parking spaces will be angled 90 degrees. The dimensions of the standard parking spaces will be nine (9) feet in width by 18 feet in length, except for the handicap spaces, which will be 12 feet in width (with 5 feet of striping) by 18 feet in length. According to the site plan, the backup distance for the parking spaces and drive aisles will be 27 feet in width as required by code. Landscaping: The proposed pervious or "green" area of the lot will be 47,502 square feet or 57.326% of the total site. Much of the pervious area along Hoadley Road and to the south of the building will be used for water retention purposes. The west landscape buffer (adjacent to Hoadley Road) will be approximately 40 feet in width. The landscape plan proposes five (5) Live Oak trees and three (3) clusters of Sabal Palm trees. In addition, two (2) Yellow Elder trees (signature tree) will be located on both sides of the project's entrances. A row of Viburnum and Blue Plumbago shrubs with clusters of Schefflera arboricola will be planted within this west landscape buffer. The southern landscape buffer will basically contain 40 Slash Pine trees. No vehicular use areas are proposed along the southern perimeter, which abuts a canal and commercial Page 3 New Alliance Haitian Church Site Plan Review Staff Report Memorandum No. PZ 02-180 property. However, four (4) Live Oak trees and a row of Redtip Cocoplum hedges & proposed along the east side of the parking lot and drive aisle (in the southern portion of the site). Staff recommends extending the Redtip Cocoplum hedges northward to the church's main east-west walkway to provide more vegetation in front of the church (see Exhibit "C" - Conditions of Approval). The landscaping around the building wilt consist of a cluster of three (3) Viburnum hedges, two (2) Pygmy Date palms, two (2) Hibiscus trees, two (2) Crape Myrtle trees, and a row of Redtip Cocoplum Hedges. The north and east landscape buffers will be 20 feet in width. The north buffer will contain a landscape berm with a row of Viburnum hedge and Areca palm trees, tn addition, six (6) Mahogany trees will line the northern landscape buffer. This plant material will serve as a significant buffer between the subject property and the single-family home to the north. The east buffer will have a row of Simpson Stopper hedge and six (6) Swee~ Mahogany trees (see Exhibit "C" - Conditions of Approval). According to the landscape plan, all trees will be installed at least 15 feet from all outdoor freestanding lighting fixtures. Building / Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed one-story church building will have an overall height of 23 feet - four (4) inches. The maximum allowed height in the R-1AA zoning district is 30 feet. The building will be 59 feet - six (6) inches in length and 94 feet - four (4) inches in depth. Community Design: As proposed, the exterior surface will be stuccoed and painted white (Sherwin Williams - SW#2123). The roof will be made of asphalt shingles (Gaf Timberline), which appear to tan in color. The two (2) inch by eight (8) inch facia board will also be painted tan to mat(.,, the roof. All window and door frames will be painted white (Sherwin Williams - SW#2123) to match the wall colors. Staff recommends incorporating more architectural enhancements (such as score lines) into the design to enhance the overall appearance of the building (see Exhibit "C" - Conditions of Approval). Signage: No wall or monument sign is proposed. All future signage will require additional review and approval by the Planning & Development Board. RECOMMENDATION: Staff recommends that this site plan request be approved subject to the comments included in Exhibit "C" - Conditions of Approval. Approval of this project will also be contingent upon the granting of a variance for a reduction in width for the road right-of-way in conjunction with the request for a sidewalk waiver. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:\Planning\SHARED\WP~PROJECTS\Hoadlcy Road Church\Staff Report.doc Location Map EXHIBIT "A" HOADLEY ROAD CHURCH ObD-BOYNTON~D SITE - - PCD -- R3 - EXHIBIT "B" EXHIBIT "B" ARCHITECT EXHIBIT ~" EXHIBIT "B" EXHIBIT "B" DON 8ENATORE ARCHITECT EXHIBIT "B" EXHIBIT "B" _ . EXHIBIT "B" 't t , ,' ,,, ,,l ., ' .., '- ,,,:,hq {: Iht ,,, ~ , } ,,, I t t _ , , iii{ ltd ~ ~ t~ ,:t ~l *!I,~ !{lh, it!t~,,,'"'",'," ,,,. ili{i "'" 1,,,,t !,ltl} llllI {il ill ~; Ifql ' I *t, {'t ~J 'ii{It !!Ii ., ,.- t,t,,, ,,I,* Iii {;!lll*[ ,.,-., ... lhll PI,,{Jllil I h {Ill Jlldtll tlllJ J -,-i, .... Ii,, , ~ ,}¢t ,d.t,t~ "~}i i ,',, ,,I ,,,t '!"q; t ~ IAi,, . 11 ,m,h, iii{ i,.,,,, ~,..,.,, t~t,, Jill Ii! ~ l,,t, t ,,. h.,,,, i { i!I!' , ,¢,' '1Ii ill| ;t !i~"'" " I~ -' lP-'i t! Il,!{ EXHIBIT "B" SITE PHTOMETRIC PLAN EXHIBIT "B" EXHIBIT "B" EXHIBIT ,",B" EXHIBIT "C" Conditions of Approval Project name: Hoadley Road Church File number: NWSP 01-008 Reference: 3~i review plans identified as NWSP 01-008 with an Augast 27, 2001 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 1. Show all existing utilities and connections on Site Characteristics Map X (Survey) and Site Development plan (LDR, Chapter 4, Section A.3). 2. Indicate method and location of trash storage and pickup. If a dumpster is X to be used indicate location and provide detail for dumpster enclosure area (LDR, Chapter 7.5, Article 1~, Section 5.J., Chapter 9, Section 10.C.3, and City of Boynton Beach Standard Drawing A-88007). If roll- out carts are to be utilized provide confirmation fi.om City of Boynton Beach Public Works that this will be satisfactory. Garbage cans are not allowed in plain view. Provide screened enclosure or store cans behind the building. 3. Sidewalks on abutting streets are not identified. Sidewalks shall be four X (4) feet wide along local streets, and five (5) feet wide along streets of higher classification (LDR, Chapter 6, Article IV, Section 10.T, and Chapter 22, Article I, Section 5). The City Engineer will review the request for a sidewalk waiver. COA 09/25/02 2 DEPARTMENTS INCLUDE REJECT 4. Sidewalks adjacent to parlang lots shall be continuous through all X driveways and shall be 6 in. thick within driveways (LDR, Chapter 23, Article I~, Section P). Indicate concrete strength required and specification(s)/standards to which sidewalk is to be constructed. 5. Ensure that sidewalks are handicap accessible at driveway intersections X (LDR, Chapter 23, Article I, Section 1.B.5 and FL Accessibility Code 4.6.3). 6. Provide a signed and sealed survey, not older than six (6) months in X conformance with the LDR, Chapter 23, Article I, Section 5.B.2.Surveyor shall dimension the remaining portion of a lot(s) when part of a lot is not included within the description. The adjoining property to the north shall read "West 250 feet of Tract 59", not the "East 250 feet as shown" (for consistency with Legal Description.) Show the north right-of-way of CanalL-24 in relation to the south property line. 7. On Sheet Co2 show flow arrows for surface drainage. X 8. The road fight-of-way fronting the proposed Hoadley Road church lot(s) X is currently only platted to be 30 feet wide. An additional 20 feet of road right-of-way will be required to be deeded to the City of Boynton Beach as part of this plan. Roadway widths and surfacing sections shall be in accordance with all applicable sections of the Land Development Regulations (LDR, Chapter 6, Article IV, Section 10.B-D). Prior to the issuance of any building permit, signed and sealed plans shall be submitted and approved for the construction of Hoadley Road to its termination point per City Standard B-91005. A permat will be required for construction within the public right-of-way. The City Engineer will review the request for a variance from the 50 feet road right-of-way requirement. 9. Existing trees on the west side of the property may require removal based X on caliper size for clear zone purposes. 10. The import of any fill will require both a tree survey and an X excavation/fill perrmt. BUILDING DIVISION Comments: 1 l. Identify within the site data the finish floor elevation (lowest floor X elevation) that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues [Section COA 09/25/02 DEPARTMENTS INCLUDE REJECT 3107.1.2, Chapter 31 of the Boynton Beach amendments to the 1997 edition of the Standard Building Code] :The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation NGVD is above the highest 100-year base flood elevation applicable to the building site, as deterrmned by the South Florida Water Management District's surface water management construction development regulations."From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans.Identify the floor elevation that the design professional has e, stablished for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 12. At time of permit review, provide a completed and executed City unity of X title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions of each property that is being unified is required to be submitted to process the form. The proper~ owner that is identified on each deed shall match. 13. At time of perrmt review, submit signed and sealed working drawings of X the proposed construction. 14. At time of perrmt review, submit for review an addressing plan for the X project. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 15. The applicant should indicate on the landscape plans the specific, existing X desirable trees that will be preserved, relocated on site, or removed and replaced on the site. PLANNING AND ZONING Comments: 16. Approval of this project is contingent upon the granting of a variance for X the reduction in width of the Hoadley Road fight-of-way. 17. Approval of this project is contingent upon the review and approval of a X request for sidewalk waiver. The City Engineer will determine the appropriateness of this request. COA 09/25/02 4 DEPARTMENTS INCLUDE REJECT 18. The landscape plan must show all proposed parking spaces. The X configuration of the parking lot and the total number of parking spaces must match between all plans. 19. AIl hedge material shall be installed at least 24 inches in height, 24 inches X in spread, with tip to tip spacing (Simpson's Stopper and Redtip Cocoplum). 20. At the southern portion of the site, just east of the parking lot, the X landscape plan proposes four (4) Live Oak trees and a row of Redtip Cocoplum hedges. Staff recommends extending this row of Redtip Cocoplum hedges northward to the church's main east-west walkway. 21. All above ground mechanical equipment such as exterior utility boxes, X meters, transformers, and back-flow preventers shall be visually screened with appropriate landscaping / hedge material (Chapter 9, Section 10.C.4.). 22. Staffrecommends duplicating the "Rose Window" (proposed on the west X elevation) and incorporating it into the design of the east elevation. Staff recommends that all windows be made of dark glass since the building will be light in color. Staff also recommends including two (2) long and narrow windows into the design of the east elevation as well. 23. Staffrecommends planting more foundation landscaping and tall growing X palm trees on the east side of the building to enhance the visual appearance of the buildinl~. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 24. City shall upgrade southern portion of Hoadley Road which appears X substandard relative to the northern portion of the road, and provide turn- a-round and other deficient infrastructure. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 25. To be deterrmned. MWIUelj DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: New Haitian Alliance Chumh APPLICANT: Alfred Daise with Daise Management Corporation APPLICANT'S ADDRESS: P.O. Box 1185, Loxahatchee, FL 33470 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 1,2002 TYPE OF RELIEF SOUGHT: New Site Plan for a chumh facility LOCATION OF PROPERTY: East side of Hoadley Road, approximately 850 feet south of Old Boynton Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda 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. 2. The Applicant .,. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Hoadley Road Church\DO.doc VII.-CONSENT AGENDA ITEM F. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to CiW Clerk's Office Meetine Dates in to CiW Clerk's Office [] August6,2002 July l7, 2002 (5:00p.m) [] October l, 2002 September l6. 2002 (Noon) [] August 20, 2002 August5,2002 (Noon) [] OctoberlS, 2002 September30,2002(Noon) [] September3,2002 August l9, 2002 (Noon) [] November6,2002 October l4, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business '~: AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report .~: RECOMMENDATION: Approve the donation of $1,000.00 to Florida Missing Children from the Law Enforcement Trust Fund. EXPLANATION: On September 9, 2002 the Missing Children Advisory Board had a ceremony in Tallahassee to kick off the new year fund sponsorship program. This funding is in compliance with State guidelines. PROGRAM IMPACT: FISCAL IMPACT: Funding will be in Law Enforcement Trust Fund. Account 691-5000-590-04-25 Balance in account is $3,100.00 Total donation requested $1,000.00. ALTERNATIVE~5: Department Head's Signature s Signature Police /4 Department Name ~ City Attire37 / Finance / Human Resources S:~BULLET[N~ORMSL4GENDA ITEM REQUEST FORM.DOC Sepmmb~r 12, 2OO2 00 E. ~ ~h Blvd. D~C~f~e, you ~ ~e ~ ~ we ~ ~lc w ~e l,~ calls in S minutes ff~. you ~ ~e, m ~fi~ m o~ ~id-m~ ~uah~on ~ ACIM o~ a S~ ~or no~fl~on ~'~. ~ a ~ ~e ACIM ~ ~ ~e n~s ~ a l-~e ~m of wh~e ~ ~ is ms--g, ~s ~h~ to ~ ~g ~ ei~ f~e ~ ~ ~. ~ do~s ~ve hel~ ~ m~ ~s pm~ m ~e ~ we ~ ~vc ~. AC~ ~m is ~ ~vot~ m ~s~ md m ACIM s~ i~ $~th yc~, w~ ~ to you f~ ~ ~ a a~-~ofit ~ni~o~ we of ~ ~ w~ ~ ~d ~v~ cm~ ~om f~ ~ If ~ ~ ~ not be ~ f~ 2002-2~3. ~m~ m~y ~g ~ ~'~ m pl~ ~d~ ~ f~ a y~ d~on. ~y~ m ~ for y~ s~. BOARD MEMBERS C/O FDLE - Post Office Box 1489 - Tattahassee, Florida 32302 - TEL: 1-888-356-4774 - FAX: 850-410-8599 2002-2003 Bill J. Hebro~k ,c.-ca.~...n LAW ENFORCEMENT AGENCY Sponsorship Form M~,,,~o~,~,o ~ Yes, our agency will be a Sponsor of the 2002 Florida ~c, Missing Children's Day Ceremonies. ~a~nae,~n~ Enclosed is our contribution in the amount of: Sgt, Tim Coughlln $250 $500 ~/$1000 Re~o.~c, o~,,, Payable to: Florida Missing Children's Day. Ch~,ty o.~y Please print your name and your agency's name as you wish it to r,ed mc~,o~ appear in our printed materials: Garmet Lavan D.k~ Your Name & Title: Marshall B. Gage Chief mgencyName: City of Bovnton Beach Police De~t. o0£, transportation Telephone Number: 561-742-6101 ~ym, ~.~ Any representative(s) of your agency who can attend on September 9, 2002 will be ooe, s,f, s~aoot, invited to the Sponsors' Breakfast in the State Capitol and the Official Ceremonies a,yCoSO held in the State Capitol Courtyard. We will recognize your agency's J.n. McNabb representative(s) at the breakfast ceremony. Please return this form along with your contribution payable to: Florida Missing ~t rno..~ t.,~ Children's Day, 253 East Virginia Street, Tallahassee, Florida 32301. T~.. e,t. If we receive your pledge or check by August 23, 2002 we can include your agency's name in our list of sponsors. You may use this form as your pledge and fax it to .t~,,,y~,~o,,,, 850-410-8599. You can then send the check and a copy of this form directly to the Jaek SMoraa address listed above. S¢*oot So~ra Florida Missing Children's Day ,vc~ec State Capitol Courtyard Bm v~.~, Tallahassee, Florida ~.o,~ su~.,,m. September 9, 2002 VII.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Me~tinR Dates in to City Clerk's Office Meetin~ Dates in to CiW Clerk's Office [] August6,2002 July17, 2002 (5:00p.m.) [] October l, 2002 September t6, 2002 (Noon) [] August20,2002 August5,2002 (Noon) [] October [5, 2002 September 30, 2002 (Noon) [] September3,2002 August l9, 2002 (Noon) [] November6,2002 October l4, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November !9, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Authorize payment to Florida East Coast Railway Co. LLC in the amount of $28,3~1.56 for crossing upgrades at S.E. 5ts Avenue. -' EXPLANATION: Per agreement with FEC, City will pay certain cost of rehabilitation of grade cros~'~gs within the City of Boynton Beach. FEC personnel determined the S.E. 5th Avenue~'~d~ crossing needed rehabilitation and the City's share of cost was $28,394.56. PROGRAM IMPACT: None FISCAL IMPACT: Monies budgeted in CIP for RR Crossing Upgrades = $25,000. Balance to be transferred from Roadway Maintenance funds: $3,394.56. ALTERNATIVES: None Department Head's Signature City Manager's Signature Deparanent Name City Attomey~inance / Human Resources S:XBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH CITY COM/~ISSION AGENDA APPROVALOFBILLS OCTOBER1,2002 1. Florida East Coast Railway ................................................................. 28,394.56 Pay from Capital Improvement Program RR crossing upgrades 302-4905-580-63-23 THESE BILLS ARE APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR FLORIDA EAST COAST RAILWAY COMPANY ,. _,, ORIGINAL INVOICE IMPORTANT Show tl~is Refl~rence No On all correspondence ~ 6522492 08/!9/02 120 NE SECOND AVE FEC RAILWAY $OYNTON SCH FL 33435 Orlglna! Doc No AEE 720104 SROSSING REBUILT SE 5TH AVENUE PLEASE REMIT --~" 28,394.56 NVOICE REMITTANCE SLIP ]ITY OF BOYiNTON BCH [ 6522492 ) 08/19/02 '0 RECEIVE PROPER CREDIT ~Ar~ ou~ [CH~CX ~0 CH~C~ ~rE _EASE DETACH THIS PORTION OF THE INVOICE · ,ID ivlAIL IT WITH YOUR CHECK TO: 09/03/02 LORIDA EAST COAST RAILWAY CO. LLC ~,MOUNTDUE J · A/vIOUHT ~AID OH THIS BILL (n BOX 863029 I / : IDO, EL 32886-3029 28,394.56t VIII. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACI ITEM A AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to Cit~ Clerk's Office Meeting Dates in to Cgw Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 pm) [] October t, 2002 September 16, 2002 (Noon) [] August 20. 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September3,2002 August l9, 2002 (Noon) [] November6,2002 Octoberl4,2002(Noonl [] September t7, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Review performance of Smith, Ballard & Logan, P.A. as City legislative consultant and either authorize renewal of agreement or authorize staff to accept proposals for similar services. EXPLANATION: At the request of a member of the City Commission, staff is placing the current contract with Smith, Ballard & Logan for Commission review and discussion. Please see a copy of the current agreement and a letter from Smith, Ballard & Logan. From the City staff perspective, the services provided by the firm have been excellent. Timely information on legislation affecting the City has been provided as well as access to state administrative personnel and members of the legislature. This is a service that cannot be provided by the City alone and it is a useful adjunct activity to the Florida League of Cities and the Palm Beach County League of Cities. The focus of these two organizations is generally compatible with the interests of the City of Boynton Beach but specific legislation or administrative contact for the City cannot be provided by these two organizations. Staff supports continued membership and involvement with these two organizations as well. PROGRAM IMPACT: None, if services are continued. Staffdoes not believe it is prudent to "go it alone" without representation in Tallahassee, at present. FISCAL IMPACT: None. Funds have been budgeted for this contractual service in the 2002-03 Budget. ALTERNATIVES: 1. Continue with Smith, Ballard & Logan 2. Seek proposals from other firms specializing in this work. 3. Suspend use of this firm or others and work with FL League, PB League of Cities and staff work directly. This will involve more travel to Tallahassee for staff. Department Head's Signature ' -{~ity Manager s Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN~FORMS~AGENDA ITEM REQUEST bORM DOC AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND SMITH, BALLARD & LOGAN, P.A. The following is an Agreement between the City of Boynton Beach, hereinafter referred to as "CITY," and the firm of Smith, Ballard & Logan, P.A., a Florida corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CONTRACTOR has duly qualified experts in the field of comprehensive legislative and administrative legal practice; and WHEREAS, in the judgment of the Council Members of the City of Boynton Beach, it is necessary and desirable to employ the services of CONTRACTOR to assist the City Manager with representation before the Florida State Legislature, thc Governor, Cabinet, State agencies, and other public bodies of the State. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: PART I - SPECIAL PROVISIONS A. GENERAL SERVICES: CONTRACTOR shall consult and advise, as requested, on all proposed legislation before the Florida Senate and House of Representatives in regular session, special session or committee of the Florida House and Senate, and regulatory or funding matters before the Governor, Cabinet, State agencies, or other public bodies of the State on an "as needed" basis, including, but not limited to: 1. Assisting CITY in the development of strategies to deal with the governmental agencies that regulate and fund municipal programs such as infrastructure, transportation, land use, environmental and housing programs; 2. Advocating CITY interests during the Florida legislative or regulatory process; and 3. Providing the CITY with regular repons during the regular session and special session, and a surmnary o fall pertinent legislative changes at the end of the regular session and any special session. B. SPECIAL SERVICES: The CITY may from time to time request that CONTRACTOR perform special services related to specific projects that affect the operation of the CITY. For example, CONTRACTOR may be called upon to review the CITY's charter and suggest modifications, assist the CITY in the annexation of appropriate lands, represent the CITY in judicial or administrative litigation, or otherwise advance the CITY's interests. B. pAYMENT: CONTRACTOR'S compensation for General Services described in Part I above shall be $40,000 per year. A monthly fee invoice shall be submitted by CONTRACTOR at the first of each month representing l./12 of the annual fee. The CITY shall compensate CONTRACTOR shall compensate CONTRACTOR for Special Services at the rate of$195 per hour, plus costs. The CITY shall reimburse the CONTRACTOR for travel expenses authorized by the CITY, subject to the limitations and requirements of Section 112.061, Florida Statutes. C. KEY PERSONNEL: CONTRACTOR has represented to CITY that CITY will have Brian Ballard, Managing Partner of CONTRACTOR'S firm, in the performance of CONTRACTOR'S duties hereunder, and has relied on that representation as an inducement to entering into this Agreement. PART II - GENERAL PROVISIONS A. ASSIGNMENT AND DELEGATION: Neither party hereto shall assign or delegate any interest in or duty under this Agreement without written consent to the other, and no assignment shall be of any force or effect whatsoever unless and until the other party shall have so consented. B. STATUS OF CONTRACTOR: The parties intend that CONTRACTOR, in performing the services hereinafter specified, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. CONTRACTOR is not to be considered an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits CITY provides its employees. C. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND MAKING PAYMENTS: All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows: CITY: Kurt Bressner City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 (561)742-6010 CONTRACTOR: Brian Ballard Smith, Ballard & Logan, P.A. 403 East Park Avenue Tallahassee, FL 32301 (850) 577-0444 D. NON-I)ISCRIMINATION: CONTRACTOR shall comply with all applicable federal, state, and local laws, rules, and regulations in regard to non-discriminations in employment because of race, color, ancestry, national origin, religion, sex, age, marital status, medical condition, or physical or mental disability. 2 E. CONFLICT OF INTEREST: CONTRACTOR is aware of the conflict of interest laws of the Municipal Code of the City of Boynton Beach and the State of Florida, Chapter [12, Florida Statutes, as amended, and agrees that it will fully comply in all respects with the terms of said laws. F. TERM OF AGREEMENT: The first term of this contract shall be from November 1, 2000, until October 31, 2001, and shall automatically renew for subsequent one-year terms thereafter unless either party terminates the contract in writing within 30 days before the renewal date of the contract. G. JURISDICTION: This Agreement and performance hereunder and all suits and special proceedings hereunder shall be construed in accordance with the laws of the State of Florida. In any action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Florida shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which the action or special proceeding may be instituted. H. VENUE: Any and all legal action necessary to enforce this Agreement will be held in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF BOYNTON BEACH, FLORiDA f, ~%llllllll/!///iz By: ~ i ~ '- A ~. ,-~ . .,.x~ ~,OYNrO,' ~ Ku-rt B~ssner, City Manager % 5.--..-:' 3a TU, & t.O t N, P.A. .. % ,~tORtOv',x~' / / / I V,,nesses: ,,,,,,,,,,,,,,,,,,," / ~-' [ ~ ~ Bn'a~D. 0~ lalard, Managing Partner ,~p~,..~o AS TO fG~M~. ~.~' 3 The City of ach OFFICE OF THE CITY MANAGER 1 O0 E. Boynton Beach Bouieuard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Managers Office: [551) 742-6010 I,, FAX: ($6I) 742-50I 1 Addendum to Agreement for Professional Services between the City of Boynton Beach and Smith, Ballard & Logan, P.A. November 14, 2000 In addition to scope of work identified in Pan l Special Provisions, paragraph A, General Services, the CONTRACTOR agrees to assist the CITY in the following specific projects and activities: 1. Regulatory issues and permit matters pertaining to Intracoastal and Boat Club Park. There are some environmentally sensitive areas on the parcel that must be dealt with. 2. Funding for Library expansion work - special legislative approval is needed. 3. Funding for Senior Citizen Facility Improvements - special legislative approval is needed. 4. Annexation issues involving statutory changes - interaction with the Palm Beach County legislative delegation is necessary. 5. State DEP Licensing and regulations relating to our water, wastewater and stormwater systems. 6. Work with Palm Beach County on cooperative annexation and land use planning matters. 7. Funding for County improvements for Seacrest Corridor and other areas of mutual concern. 8. Permits for construction projects issued through state agencies. 9. Work with the FEC Railroad on access and permit issues involving crossings. I0. Legislative Tracking and alerting to supplement the Florida League and Palm Beach County League of Cities reports. 11. Assistance to City and facilitating meetings with state legislators and state agency personnel in Tallahassee and at regional offices. 12. Cooperative economic development activities with County and State including possible Foreign Trade Zone status for Quantum Park. The CONTRACTOR and the City Manager of the CITY will jointly be responsible for providing a progress report to the City Commission of the CITY in January, March, May and September, 200l. The CONTRACTOR agrees that the scope of services shall include representation of the CITY with Palm Beach County government agencies and offices. CITY OF BO1YNTON BizACH, FLORIDA ATTEST By: '.~~ ~m~lm~,,// Kurt Bressner, City Manager ............ , >S SMITH, BALLARD & LOGAN, P.A. Partner Pa~e 2 America's Gateway to the Gulfstream BALLARD & LOGAN, P.A. September 23, 2002 Mr. Kun Bressner City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Re: Status Report Dear Kart: Please review the following summary of our activities on behalf of the City' of Boynton Beach ("City"). We have particularly enjoyed working with you and your very profesaional staff. This past year was focused on three primary pieces of legislation that would have had a negative impact on the City. First, House Bill 875 by Representative Buchcr entitled "Palm Beach Co./Career Service" potentiallywould haverasultedin significantlyhighar benefit costs. S~condly, Senate Bill 1908 by Senator Lawson entitled "R~ource Recovery" which definoxt the terms "Recoverable Construction & Demolition Malerial~" to the de,merit of our City's own service. Finally, Senate Bill 316, a committee bill by Oovemmental Oversight and Productiv/ty and Senator Campbell on "Sovereign Immunity/Self-insurance". This legislation was particularly worrisome as ~t would have required us to self insure against claims made against the City. Each of these bills was defeated. The Florida League of Cities ("League"), who had many important legislative initiatives, did not take a position on the first two bills. In the previous years, we have developed an integral working relationship with the League and have worked together for and against rrmny legislative proposals. This parmership has worked well and adds a great deal to the City as many of these initiatives would have large impacts on our budget and citizens. Workin8 together this year, we passed many iml~ortent piece* of legislation: HB 682, tightening the requirements on substanoe abuse sexvic¢ facilities that locate in residential neighborhoods; F-.B 1423, cr*ating school safety sones; FIB ! 181, creating safe paths to school zones; HB 547, expediting permits for affordable housing; SB 1341, ¢ompreh~'~ve eommm~ity development reform; FIB 727, ass£stmg mumcipal cIisaster preparedne~; and lib 1157, erahancing criminal mischief provisions for defacing public prop*rty. Mr. Kun Bressner City Manager September 23, 2002 Page 2 Anta-bullying inihatives and education legislation was also a focal point for many of the Commissioners. Under Commissioner Fisher's leadership we met with Charlie Crisr, Commissioner of Education, to discuss issues pertinent to school violence initiatives. Since that meeting numerous legislative proposals passed and the Department has been looldng at anti-bullying measures and the creation of''violence free zones" with violators facing enhanced criminal penalties This year, City officials with members of the firm, initiated meetings with numerou~ officials from the Department of F-nvironmental Protection, including the Deputy Secretary to anempt to resolve lease issues between the South Flonda Water Management Dismct and the Department of Environmental Protection. Although emergency meetings (that included discussions with the City Manager and the Director of the South Florida Water Management District) were unable to produce the desired result immediately, solutions have been proposed and will be discussed in this year's legislative session. These legislative proposals wil! be a priority for the City in this year's legislative session. Another issue of critical importance to the City is that of "revenue sharing". This budget item between the State of Florida and municipal governments continues to be a potential cut. We have tracked this issue consistently and despite numerous efforts at cuts, no attempts to reduce the percentages in the revenue sharing program to help bala~ce the budget were successful. During the 2001 Legislative Session the source o fincome for revenue sharing was changed from the dwindling cigarette taxes to a more equitable sales tax percentage. Ln doing so, the Legislature consoltdated two independent mint funds into one main municipal revenue sharing trust fund. Two issues resulted that required special attention in the 2002 session: Miami-Dude County received a substantial increase in funds to a formulate glitch and some legislators saw the large increase in the trust fund as "growth" subjee! to a potential cut. Both of these issues were complicated and numerous attempts to cm the revenue sharing program w,re defeated. Over the years we have attempted +,o provide intelligent summaries of critical legislative proposals that constantly update a bill's progress. An examp:e of this follows: Senatt Bill 310: l~y Senator Constantine Growth Management: The text of this bill is a "shell bill" which ts generic language spdhng out the general intent of ~egiMatian to be filed later. £ast week the Chairman of the Comprehensive Planning, Local and Military ~lffairs placed tbi~ bill on the agenda in an attempt to get all concerned parties to beg:n and work out an agreement. The finai language of this bill needs to b* monitored closely c~r it 'x e~ect$ will have an impact on all municipafitie~. Over the sumrn*r the Growth ,¥1anagement Study Commission rr~t and recommended the a .**rie$ of suggested change$~ I.~g~lation con.~idcred this year will likely include one or more of thc foilo'~ing i$$ueg: Mr. Kurt Bressner City Manager September 23, 2002 Page 3 Revise the State Comprehensive Plan to more clearly establish a promar3' vision statement fo;' Florida with a healthy, mbrant and sustainable economy as tts ,ortority Develop a urn form a methodology for reviewing the costs and benefits of !ocal land use decisions, Empower citicens to better under.~tand and participate in the growth managemem process. Focu~ the State's review oj Iota! comprehenMve plan amendments on those :hat implicate compel!lng State inter~ts as designated by State agencies and reviewed and approved ~, the Z.egl.¢lature. l~esign and implement regional cooperation agreements.for dc~velopments with extrar/urtsdicttonal imp~ts to eve~mal(v ehmt~e the D~ process. Require t~ each local ~overn~nt adopt a ~m~ially feasible sc~ool fac~iti~ element to rgqecl t~e integrat~n oJ~chool ~ard faatities, workprograms, and ~h~re land use element a~d capital improvement pro~s of the local government. ~uthori2e incentives for an effective ~rban revitalization poHcs; incl~ing dedicated sourc~ of revenu~ for '~x-it-first" backlog of infkastmJcture needs tn target~ tnfiH areas. D~elop an incentive bas~ ~etate ~ral polky which restores mral land valu~ a~ pratects private properO' rights, including dedication of additto~ revenue for pubiic purchase of conse~at~on and agrictdtural easements and a spe~al overlay of transferable denxi~ allocations Jbr mral proper~ to be ~'ed for the implementation of cluster development in approp~ate location. This ye~ we ~m wo~ with Wa~e Segal to put toge~ ~e Bos<ton geach reception at the ~rokaw. Mc~ug~l House. A number of l~slators, m~y l*gislative staff *mployees ~d CiW r~resen~ve$ discus~ i~o~t issues to thc Ci~ of Bo~n Beach. Mee~ngs wi~ key legislators d~ng t~e legislative ~sion were al~ held. O~ combined effo~s resulted in a ve~ su~css~l event. O~ fi~ is pieced with the results we have be~ able ~ obtmn for the City. Not ail s~ssions will includ~ major legislativ, issues such as advoeati~ ~ ~endment in stare law ~o force the Palm Beach Co~ly School Bo~d to ~d ~he new Boston Beach Hi~. Sch~l (1997 session). Mr. Kurt Bre~sner City Manager September 23, 2002 Page 4 We look forward to making progress on many new ~sues this year such as resolution of the DEP pen'nit proc~s, working to defeat the inevitable legislative proposals, caseer service language, new waste management requirements, and budget shortfalls. Please do not hesitate to contact us if you have any quest~on~ or concerns. Sincerely, Brian Ballard BDB/jmm XII. - LEGAL ITEF4 B.1 O CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FORM Requested CiD, Commission Date Final Form Must be Turned Requested CiD, Commission Date Final Form Must be Turned Meeting Dates in to Ciw Clerk's Office Meeting Dates in to CiD, Clerk's Office [] August6,2002 July l7, 2002 (5:00p.m.) [] October l, 2002 September l6, 2002 (Noon) [] August20,2002 August5,2002 (Noon) [] October l5, 2002 September 30, 2002 (Noon) [] September3,2002 August l9, 2002 (Noon) [] November6,2002 October l4, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a,m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal r-~ [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report - RECOMMENDATION: Approval of Ordinance amending the Land Use Element of the Comprehensive Plan for~.43'~a of land from Low Density Residential to Public & Private Governmental/Institutional (Bethesda Hospital Physician Parking). EXPLANATION: An application for land use amendment and rezonmg of several lots (approXanately 1.43 acres) was considered by the comrmssion at a public hearing conducted August 20, 2002. Both requests were approved by the comrmssion. This Ordinance to amend the Land Use designation of the property brings to completion the process for amending the land use and rezoning the property. The draft ordinance has been forwarded to counsel for Bethesda who will be revieWing it with Bethesda's Board. It is possible that some modification of the ordinance may be requested once Bethesda has had the oppormmty to review the document. Any request for modification will be communicated to the comrmssion as soon as possible so that amendments, if any, can be addressed at First Reading of the Ordinance. PROGRAM IMPACT: n/a FISCAL IMPACT: n/a TEm &Tr S: d Depart~nt I-Iead's Signature City Manager's Signature City Attorney's Office // City Attq~ey ~ Finance / Human Resources Depariment Name 7 S:~BULLETINWORMSXAGENDA ITEM I~QUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLOR[DA, AMENDING ORDINANCE 89-38, BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSWE PLAN OF THE CITY, ADOPTING THE PROPER LAND USE OF PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER (BETHESDA HOSPITAL PHYSICIAN PARKING - 1.43 ACRES OF LAND); SAID LAND USE DESIGNATION IS BEING CHANGED FROM LOW DENSITY RESIDENTIAL (LDR) TO PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boymon Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment ora Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, Bethesda Memorial Hospital, owners of the property hereinafier described, by and through their agents and representatives have filed an application for a Land Use Amendment to reclassify the property hereinafter described from low density residential to public and private governmental/institutional; and WHEREAS, the City Commission conducted a public hearing on August 20, 2002, and heard testimony and received evidence which the Commission finds supports a Land Use Amendment for the property hereinafter described; and WHEREAS, during the public hearing the applicant for the Land Use rrnendment made material representations which were considered and were relied on by the City Commission in reaching its conclusions regarding the appropriateness of the ~roposed Land Use Amendment; and WHEREAS, the City Commission finds that the proposed Land Use Amendment is consistent with the goals and objectives set forth in the City's Comprehensive Plan; and WHEREAS, alter public heating and deliberation, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF I'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section l: Thc foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. Ordinance No. 89-38 of the City is hereby amended to reflect the Following: Fhat thc Future Land Use of the following described land shall be designated as Public and Private Government/Institutional (PPGI). Said land is more particularly described as Follows: Lots 1 through 8, inclusive, Block 1, Seacrest Hills, according to the plat thereof as recorded in Plat Book 25, page 74, Public Records of Palm Beach County, Florida. Section 3: That any maps adopted in accordance with the Future Land Use Element ;hall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby :epealed. Section 5: Should any section or provision of this Ordinance or any portion thereof )e declared by a court of competent jurisdiction to be invalid, such decision shall not affect :he remainder of this Ordinance. Section 6: This Ordinance shall become effective 31 days after adoption, unless :hallenged. If challenged, it becomes effective upon the issuance of a final order finding it in :ompliance. FIRST READING this __ day of ,2002. SECOND, FINAL READING and PASSAGE this __. day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) XlI. - LEGAL ITEM B.2 CITY OF BOYNTON BEAC _ AGENDA ITEM REQUEST FORIVl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetine Dates in to City Clerk's Office [] August6,2002 July l7, 2002 (5:00p.m.) [] October l, 2002 September l6, 2002 (Noon) [] August20,2002 AugustS, 2002 (Noon) [] OctoberlS, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Admimstrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business -- [] Announcement [] Presentation [] City Manager's Report 7 RECOMMENDATION: Approval of Ordinance rezonmg property. EXPLANATION: An application for land use amendment and rezonmg of several lots (approXmaately 1.43 acres) was considered by the Corun~ssion at a public hearing conducted August 20, 2002. Both requests were approved by the Commission. This Ordinance for rezoning, together with an Ordinance amending the Land Use designation of the property brings to completion the process for amending the land use and rezoinng the property. The rezoinng ordinance expressly incorporates several conditions of approval. Those conditions are set forth in Section 2 of the proposed ordinance. The conditions were discussed during the public hearing and agents of the applicant acknowledged their agreement and acceptance of the conditions. The draft ordinance has been forwarded to counsel for Bethesda who will be reviewing it with Bethesda's Board. It is possible that some modification of the ordinance may be requested once Bethesda has had the opportunity to review the document. Any request for modification will be communicated to the Comtrassion as soon as possible so that amendments, if any, can be addressed at First Reading of the Ordinance. PROGRAM IMPACT: n/a FISCAL IMPACT: n/a ~.~TERNATI~S: ~ /), Departn~dt Head s Slguature ~ City Manager's Signature Department Name ,f City Att~,~ey / Finance / Human Resources StBULLETIN~FORMS~a~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF BETHESDA MEMORIAL HOSPITAL; AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM R-l-AA (SINGLE FAMILY RESIDENTIAL) TO PU (PUBLIC USAGE); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTWE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has dopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said .'ity; and WHEREAS, Bethesda Memorial Hospital, as owner of the property more ~articularly described hereinafter, has heretofore filed a Petition, through their agent, ames Gentile/Kilday and Associates, Inc., pursuant to Section 9 of Appendix A- [oning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose >f rezoning a certain tract of land consisting of + 1.43 acres, said land being more ~articularly described hereinafter, fi-om R-l-AA (Single Family Residential) to PU Public Usage), subject to conditions regarding future expansions and access from ;W 4th Street, and the reversion to existing zoning; and WI-IEREAS, the City Commission conducted a public heating on August 20, ;002, and heard testimony and received evidence which the Commission finds upports a rezoning for the property hereinafter described; and ::\CA\Ordinances\Planning\Rev 092502 Rezoning - Bethesda - 1.43 acres.doc WHEREAS, during the public heating the applicant for the Rezoning made material representations which were considered and were relied on by the City 2ommission in reaching its conclusions regarding the appropriateness of the proposed · ezoning. The material representations made by applicant are set forth in the minutes fthe City Commission meeting/Public Heating conducted August 20th, 2002. WHEREAS, the City Commission finds that the proposed rezoning is onsistent with an amendment to the Land Use which was contemporaneously onsidered and approved at the public heating heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the Lnhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter let forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are tree and correct and incorporated herein by this reference. Section 2. The City Commission based upon the representations and :onsent of the applicant in public heating, imposes the following conditions to the ezoning: a. That the applicant apply for a building permit on or before August 20, 2004; b. That if applicant fails to apply for a building permit on or before August 20, 2004, zoning on the property will revert to R-l-AA; c. That during construction on the property, neither the applicant, or its agents or assigns, will use S.W. 4th Street for ingress or egress, except ~:\CA\Ordinances\Planning\Rev 092502 gezoning - Bethesda - 1.43 acres.doc for minimum use to complete the landscaping and improvements to the berm/pathway area. In response to a request by the contractor for the project, the Building Department may approve exceptions to this condition, as necessary to accommodate specific situations during the construction process where it is determined to be unsafe or unreasonable to require access fi.om the east side of the property. Any such request and approval shall seek to avoid or minimize any disruption to the adjacent residential neighborhood. d. There will be no ingress or egress to the property fi.om S.W. 4th Street, following construction of the proposed parking lot; and e. The applicant's Board of Directors/Trustees will adopt a Resolution expressing its commitment not to acquire additional property to the west or north of the property which is the subject of this rezohing, for further expansion of the hospital, support facilities or parking area.. ?ailnre of applicant to comply with the foregoing conditions, whether construed as :onditions precedent or conditions subsequent, shall constitute grounds for econsideration or rescission of the approval of petitioners application for rezoning. Section 3. The following described land, located in the City of Boynton ~each, Florida as set forth as follows: Lots I through 8, inclusive. Block 1, Seacrest Hills, according to the Plat thereof as recorded in Plat Book 25, Page 74, Public Records of Palm Beach County, Florida. Containing approximately + 1.43 acres of land. e and the same is hereby rezoned fi.om R-I-AA. (Single Family Residential) to PU (Public ~:\CA\Ordinances\~lanning\Rev 092502 Rezoning - Be~hesda - 1.43 acree.doc ~Jsage) A location map is attached hereto as Exhibit "A" and made a part of this' ~rdinance by reference. Section 4: That the aforesaid Revised Zoning Map of the City shall be amended :cordingly. Section 5: All ordinances or parts of ordinances in conflict herewith are hereby >ealed. Section 6: Should any section or provision of this Ordinance or any portion ,~reof be declared by a court of competent jurisdiction to be invalid, such decision shall ot affect the remainder of this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this __ day of ., 2002. gECOND, FINAL READING and PASSAGE this __ day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner kTTEST: ~'ity Clerk Corporate Seal) ::\CA\Ordinances\Planning\Rev 092S02 Rezoning - Be~hesda - 1.43 acres.doc Location Map E×H,B~T "A" Bethesda Hospital Physician Parking NWSP 02-011 D SITE C XII. - LEGAL ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetin~ Dates in to City Clerk's Office [] August6,2002 July17, 2002 (5:00p.m.) [] October l, 2002 Septemberl6,2002~Noon) [] August20,2002 AugustS, 2002 (Noon) [] October l5, 2002 September 30, 2002 (Noon) [] Sept~mb~ 3, 2002 Augustlg, 2002(Noon) [] Nov~nber 6, 2002 October t4, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfmishad Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the October 1, 2002 City Commission Agenda under Legal, Ordinance - First Reading. The planning and Development Board unanimously recommends that this request be approved, subject to all staff comments except #5, thereby allowing the buffer to be reduced to meet project design characteristics. For further information, see attached Department of Development Memorandum No. PZ 02-188. EXPLANATION: PROJECT: QUANTUM PARK DRI NOPC/MASTER PLAN AMENDMENT #13 (DRIA 02-001/MPMD 02-002) AGENT: David B. Norris, Esq., Cohen, Norris, Scherer, Weinberger & Wolmer OWNER: Quantum Limited Partners, LLC LOCATION: Quantum Park DRI DESCRIPTION: Request to amend the Quantum Park DRl/Master Plan to change the permitted use on Lot 89B from "Office Industrial" (OI) to "Mixed Use" (MU); Lot 3 from Industrial (IND) to "Office Industrial (OI); and Lot 34-C from "Reserved" to "Open Space/Detention". Please note that First Reading of the ordinance has been scheduled in advance of the public hearing and 2nd reading of this ordinance in order to meet Florida Statutes, Chapter 380 DRI/NOPC processing requirements. This same processing methodology has been used in scheduling previous NOPC applications. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A , } .,~ ALTERNAtTIVES: ~q N/A --~'x;elop~.t-D,t~ament Director ' C[ty-I~anager's Signature planning and Z~'nit'/g Director City Attorney / Finance / Human Resources SSPlanningkSHARED\WP~PROJECTSkQuanmm Park 2002 Amend #13 + MPMDXAgenda Item Request Quantum Pk DRI-Master Plan Mod I 0-1-02.dot S:~BULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR A DETERMINATION WHETHER CHANGES TO THE COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO. 84-51, AND AMENDED IN ORDINANCES NOS. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-0, 00-02 AND 01-54 CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380.06, FLORIDA STATUTES, 1996, AND WHETHER FURTHER DEVELOPMENT OF REGIONAL IMPACT REVI~EW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS. 84-51, 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02 AND 01- 54) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Riteco Development Corporation, a Florida corporation CRiteco'') led with the City of Boynton Beach (the "City") an Application for Development ,pproval of Comprehensive Development of Regional Impact (the "ADA") on May 21, 1984, regarding that certain property (the "Property") described in Exhibit "A", attached ~ereto and made a part of hereof; and WHEREAS, the ADA was approved and the Development Order for the Property ~as granted December 18, 1984 pursuant to Ordinance No. 84-51 (the "Development 3rder"); and WHEREAS, Riteco subsequently conveyed its fight, title and interest in and to the Property to Boynton Park of Commerce, Inc., a Florida corporation CBoynton Park"), and, Boynton Park, in mm, subsequently conveyed its right, title and interest in and to the )roperty to Quantum Associates, a Florida general partnership (the "Developer"); and Page 1 of 5 WHEREAS, the City approved previous applications to amend the Development Order which applications were approved by the City in Ordinance No. 86-11, Ordinance g6-37, Ordinance No. 88-3, Ordinance No. 94-10, Ordinance No. 94-51, Ordinance 96- 33, Ordinance No., 96-65, Ordinance No. 97-20, Ordinance No. 99-05, Ordinance No. 30-02, and Ordinance 01-54; WHEREAS, the City Commission of the City of Boynton Beach, as the governing >ody having jurisdiction, is authorized and empowered to consider applications for amendments to development orders approving developments of regional impact pursuant :o Chapter 380.06, Florida Statutes (1996); and WHEREAS, the City Commission has considered the testimony, reports and other tocumentary evidence submitted at said public hearing by Quantum Limited Parmers i"Quantum"), the City staff and the public, and the City Planning and Development Board's recommendation of the 24th day of September, 2002; and WHEREAS, said City Commission has considered all of the forgoing. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF I'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. A notice of public hearing was duly published on the 1st day of 3ctober, 2002, in the Palm Beach Post, a newspaper of general cimulation in Boynton 3each, Florida, pursuant to Chapter 380.06, Florida Statutes, and proof of said ~ublication has been duly filed. Section 2. The Development Order shall be amended to include the following rovisions: Page 2 of 5 Lot 3: 'his lot was previously designated as Industrial (E,rD) and shall be amended to ~ffice/Industrial (OI). ot 34C: This lot was previously designated as "Reserved" and shall be amended to Open Space/Detention. Lot 89B: 'his lot was previously designated as Office/Industrial (OD and shall be amended to /lixed Use (MU). The proposed Mixed Use Designation includes office, commercial and :esidential uses. Section 3. Master Site Development Plan Amendment No.13 as submitted to the City, a copy of which is attached hereto and made a part hereof as Exhibit "B" replaces and supersedes the Master Site Development Plan currently approved in the Development }rder. Section 4. The Development Order includes Conditions of Approval, a copy which is attached and incorporated herein as Exhibit "C". Section 5. Upon consideration of all matters described in Section 380.06, Florida ~,tatutes (1996), it is hereby determined that: A. The amendments proposed by Quantum do not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to this area. B. The amendments proposed by Quantum are consistent with the local comprehensive plan and are, or will be, consistent with the local land development regulations, subject to the conditions outlined above. Page 3 of 5 C. The amendments proposed by Quantum are consistent with the recommendations of the Treasure Coast Regional Planning Council, subject to the conditions outlined above. D. The amendments proposed by Quantum do not create any additional regional impacts and therefore do not constitute a substantial deviation under Chapter 380.06, Florida Statutes (1996). Section 6. The City Commission has concluded as a matter of law that these roceedings have been duly conducted pursuant to the provisions of Chapter 380.06, 'lorida Statutes (1996), that Quantum is entitled to the relief prayed and applied for, and hat the Development Order is hereby amended incorporating the amendments proposed )y Quantum as set forth in Section 2 above. Section 7. Except as otherwise amended herein, the Development Order shall emain in full rome and effect. Section 8. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. 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. Section 10. Authority is hereby granted to codify said ordinance. Section 11. This ordinance shall become effective immediately upon passage. FIRST READING this day of ,2002. Page 4 of 5 SECOND READING and FINAL PASSAGE this day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ~:ca\Otd\Quantum DRI - 2002 - Amendrt~nt No. 13 Page 5 of 5 ,tl . I!1 . .I ": · Il! l~I [ -'i~ i~l. ' .i l,~., IIII I!1,,1~,,.I ~ !, ll:h I,. -.,_, .,l'.,:~qH! ! !. .!IIi It ~1~ !1 ! Ilil !111111 I: EXttIBIT '"C' Revised Conditions of Approval 11/06/01 Proj~t name: Q~nvam Park NOPC Amendment #12 FL!.C l~umher: lVl~l~fl~) 01-003fDI~L4, 01-001 R~gerence: 2m r~vi~w plans idontffied a~ Master Plan with a September i 1,2001 Pl~nni~g and Zoning DEPARTMENTS INCLUDE REJECT PUBLIC WORKS-General Comments: NONE X PUBLIC WORKS-Traffic Cc,, 1. When w~t~utcd thc dcwlop~r and thc cxis~ng occupants of Quantum Park X will. bc responsible for thc cost of construction of traffic-acmat~xi si~l~ at the intersections of Quautum Boulevard with Gateway Boulevard mud Congr~ss Av~ue. $ce at'taoh~d memo fi:om left Liverguod, Public Worlm Dh'~tor, dated August Exl'a'bit "G", Comments: 2, As previously smt~l, the proposed revision to the land use to '2V~ixed Use X (MU)" to include Office, Commercial arld P~¢sicl~lltial uses could tax file utility support facilities to ~ limits. A proviso needs to Im incorporated into each group of lot approvals process, that the desigll-enginceting consultant shall demonstrate that sufficient utility system(s) capacity is available to suppor'c the proposed u~e, or they will provide the uecessary upgrack'(s) to allow for insufficient utility support to this park, affeoting other curmat (~xisting) FIRE Comments: NOI'qE X POLICE Comments: NONE X ENGINEERING DMSION X Comrr~nts: NONE ~'~ 3F_~ARTMENTS INCLUDE P. EJECT BUILDING DIVISION Cat~,nents: NON~ X PARKS AND KECREATION 3. The City Cc~s~ion did exer~pt from thc Recr~atic~ De(lication X -~. Kequirezn~t of 272 un/ts of the first $00 unim requ/red in NOPC # I O. Applicability or amount of Kecreation Fe~ or Dedica~i~ms will be consickred at subsequent site plan stage. FOKES-rm /ENVIKO AL T 4. The ~,oposect M_~ter Si~e Development Plan ~h~ll be modified to remove X ~ the Industrial use design/on for Lot 34-C. The hind area of Lot 34-C, 6.58 i ac~es, shall be deducted frem tl~ Indu.~rial designafi(~ and included as a * separate 1/ne item tiffed "Reserved" in the area tabulafim shown on the rn~ter plan. Development shall not occur untiI: a) thc Cit~ and applicant evaluates the ne~d for open space "in the PID master plm" and det~,,,;a~ that the reductim in open space created by this change is consistent with the City regulations; b) it is demonstrated that the developmem of this parcel will not interfere with m~,~$ement of the adja~t pr~erw ~rea. The~e two(2) conditi(~s are reiterated above and contained within a letter d~ed October 8, 2001 from the Tre. a~ur¢ Coast Regional Planning Council It is acknowledged that Lot 34--C is not ~n~.uubered by any easement, resc. rvation, dedication or p~rmit requirement by the City, any reg~la~ry agency or special district ind,,aln$ the Quantum Community D~v¢lopment District re~ar&ug the use of Lot 34-C for drainage purpose~, except the drainase requirements associated with the d~v¢lopment of Lot 34-C. pLANNING AND ZONING Comments: ~-~' 5. At the tim~ of site plan approval applicant will work with the City to X i rnaxlm/ze emergency access for lots 59 through 61 and new lots I00 .. through 102. 6. Applicant has submitted a revised ar~-a calculation summary. Pl,.se r~vise X the Master Plan dr~win~ to reflect the correct acreage ~]~.,,h~i~s proposed 3 11/6/200 ~ DEPARTIvI~S INCLUDE REJECT for the Nf_ixeci Use and Road Right-of Way categories. 7. Re¢ordatic~ of a re.~trieti~e covenant affecting Lots 7 tbrougla 11 ~mcl Lots X 23 tbrOUg, b 31 requiriag that ~ay residential development of such lots be ~mltect to fee sin~ple u~im, specifically ex, luffing rental ap,u tuae~t complexes mad congregate care livi~g faci/ities. For purposes.lae~eof, "rez~tal apartn~e.t complex" shall mea~ a mtflfi-~mi~ pro~eet owned by ownex fe~ purposes, of re~:tal to ot/u:rs, ~rr~l~r ~n natu:e :o the Villas At qmmtum Lakes. ADDFI/ONAL PLA.NN~G AND DEVELOPN~/q/r BOARD CONDITIONS Coa~,~,~ts: NONE X ADDITIONAL CITY COMMISSION CONDITIONS Comments: $:kl~l~m/n5%S HAl~EDV, WlAPROJF~-rS~u~nmml~ark 2001 Ame~ # 12~M~MD 01-003%:(m8~ of ~p~. ,.~12001 ,:.t~.~ ..... , _ ~.--~'-T._a:~: ~~~.I~.:-% .~ [ ~.~ ,~. -~ ~ ~ ~ .... .~ ~ ~ ~ SEP 2 ] ~ ~d Z~ng ~or C~ of Boron B~ch 1~ E, Boron B~ch B~d Bo~ ~ Florida 33435 Su~: ~ P~ ~lopm~m of Re~o~ No~on of ~ Chs~ In a~rd~ M~ ~e r~u~ts of S~on 380.~19), HO~ $mmt~ ~.SO, w~ M~ ~ the '~o~on of a ~ Chsn~ tO a P~ou~y ~v~ D~lo~ of ~o~ Impact ~" ~OPC) for the ~ P~ D~ ~ I~y 16, 2~. ~e NO~ pmpo~ ~e ~o~ ~o~ to ~e ~ pl~ 1) ~t ~gB l~d use d~on ~ to be o~ ~ offi~ ~ ~ h~, w~ ~ows offi~ c~ ~ r~d~ u~s;. : 2) Lm 3 I~d u~ de~on ~ to ~ ch~ ~ in~ to offi~, ~ ~ows offioe ~d indu~ u~s; ~d ~ 3) Lot 34C m~ is ~y d~i~a~ ~ r~ to ~ c~ to o~ ~d~mfi~ ~ ~pos~ ~ges to ~e D~ ~ pl~ ~ p~ to cr~te a mb~ ~o~ ~o~ i~s. Co~ ~s ~ ~ ~ of ~t 34C~to o~ spac~det~ ~ h~lp ~ ~e p~ of ~e no~ S~d ~e So~ p~ ~ Co~ ~nds ~ ~o6c remo~ be done on ~ 34C ~ ord~ ~o ~ pmt~ ~d h~lp ~ ~e ~m~c~ of ~ SEP-2]-2~2 1~:42 P.O3 Mr. Michael W. Rumpf September 23, 2002 Page 2 Please call it'you have tony quesdons. Sincerely, DPJ Coordinafor cc: Ken Metcalf, FI)CA Eugene Gerlica, Applicant TOTAL P.03 DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02-188 TO: Chairman and Members Planning and Development Board THROUGH: Michael Rumpf Planning and Zoning Director FROM: Lusia Galav, AICP- Principal Planner DATE: September 11, 2002 SUBdECT: Quantum Park - DRIA 02-001/MPMD 02-002 Master Plan Amendment #13 NATURE OF REQUEST Quantum Park of Commerce (a.k.a. Quantum Park PID) is a partially built-out Development of Regional Impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development (PID). It is located on the west side of 1-95, between Miner Road extended and the Boynton Canal - (C-16). (See attached Exhibit "A" - Location Map). The applicant, MFT Development, Inc. is requesting an amendment to the Quantum Park DRI Development Order (D.O.) adopted December 4, 1984 by Ordinance No. 84-51. The original D.O. was subsequently amended 11 times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02 and 01-54. The City Commission denied Amendment #11 on February 20, 2001. The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan. Amendment #13 proposes three changes including amending the existing use designation on Lot 89B in the Master Plan to the "Mixed Use" designation. All requested changes are depicted in Exhibit "C" - Proposed Master Plan and described as follows: 1) Change in the Master Plan designation of Lot 89B from Office/Industrial (OI) land use to Mixed Use (MU). The proposed Mixed Use designation includes office, commercial and residential uses; 2) Change in the Master Plan designation of Lot 3 from Industrial (I) land use to Office/Industrial (OI); and 3) Change in the Master Plan designation of Lot 34-C from "Reserved" to Open Space/ Detention. BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost governed by Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a Notice of Proposed Change (NOPC) in accordance with the statutory requirements. The NOPC Quantum Park - DRIA 02-001/MPMD 02-002 Memorandum No. PZ 02-188 is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (RPC) and the City. The DCA and the RPC are reviewing the proposed NOPC and will provide comments following the procedures outlined in Chapter 380.06 (19). The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review by the Planning and Development Board of an amendment to a DRI. Chapter 380.06 requires that the local governing body hold a public hearing to review and approve the NC)PC. The City Commission is required to determine whether the proposed change to the Quantum Park DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined that the requested change is a substantial deviation then further review will be required pursuant to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation then they may take action to approve or deny the requested change. The original DRI Development Order adopted a Master Plan for Quantum Park. That Master Plan has been amended over the years, the latest change being approved on November 6, 2001. The proposed Amendment #13 alters the approved land uses for that Master Plan. Therefore the review of the DRI amendment also constitutes a review of the changes to the Master Plan for Quantum Park. In addition to the state statutes, staff has reviewed the Master Plan in accordance with Land Development Regulations Chapter 2, Section 7, Planned Industrial Development and Chapter 3, Master Plan Approval. First review comments were generated and the Technical Review Committee (TRC) reviewed the Master Plan changes on September 3, 2002. ANALYSIS Notice of Proposed Change (NOPC) - Substantial Deviation The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 380.06 (19). In reviewing the statute section staff determined that only one of the criteria applies to the proposed changes for Quantum Park DRI. This criterion, which is applicable for review of this proposed change is provided in Chapter 380.06(19)(e)5., which states: "The following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence". 4. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous increases and decreases of at least two of the uses within a authorized multiuse development of regional impact which was originally approved with more than three uses specified in 380.0651(3)(c), (d), (f) and (g) and residential use. As part of the NOPC application the applicant is to complete a "Substantial Deviation Determination Chart". The applicant has provided an updated chart. Amendment #13 involves changes to five land use categories: Industrial, Office/Industrial, Mixed Use (includes Residential), Reserved and Open Space. There is a loss of Industrial acreage, but the allowable square footage thresholds would not change on the Master Plan. Also, the proposed Mixed Use designation for Lot 89B would not add residential units to the Master Plan. These changes are reflected in the "Notes" section on the Master Plan. Quantum Park - DRIA 02-001/MPMD 02-002 Memorandum No. PZ 02-188 The proposed increase and decreases are presumed to maintain the vested traffic generation level of 63,752 average daily trips (ADT). Conclusion The proposed changes delineated in Amendment #13 are determined not to be a substantial deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a non-substantial deviation finding. This determination is subject to satisfying Condition of Approval #4 regarding Palm Beach County Traffic Performance Standards. Master Plan Modification The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park DRI. There are three major changes proposed. The applicant provided the following descriptive summary of these changes. Lot 89B (4.00 Acres) Lot 89B was previously designated as Office/industrial (OI) Land Use. The Land Use has been revised to "Mixed Use (MU)". The proposed Mixed Use Land use designation includes office, commercial and residential uses. Lot 3 (4.07 Acres) The Land Use of this lot is currently designated as Industrial (IND) Land Use. The Land Use has been revised to "Office/Industrial (OI)". This lot previously was designated as Office/Industrial (OI) and revised to the current Industrial (IND) designation by Amendment No. 10. Lot 34-C (6.58 Acres) The Lot 34-C Land Use is currently designated as Reserved. The "Reserved" Land Use designation was approved as part of the Master Plan amendment No 12 approval. The conditions of approval for Amendment No. 12 acknowledged the need for the City to address the Open Space requirements for the entire development prior to a developable Land Use designation for Lot 34-C. The Land Use designation for Lot 34-C is proposed to be removed from the "Reserved" designation and included, as it was previously, in the Open Space/Detention designation. The reason for this request is described below. Subsequent to the approval of Amendment No. 12, Quantum Community Development District (QCOD) had acquired Lot 34-C. The QCDD is the public entity responsible for the maintenance of the Sand Pine Preserves, the Primary Water Management System, the Roadways and the Secondary Drainage Systems within the development. The acquisition of Lot 34-C by the QCDD removes the land from the available developable acreage. The QCDD purchased the property to address the preserve and open space requirements of the Development Order, to address security issues relative to the sand pine preserves and to provide additional land area for drainage purposes as necessary to accommodate the vested future development. Quantum Park - DRIA 02-001/MPMD 02-002 Memorandum No. PZ 02-188 Table 1 provides the proposed acreage changes to the DRI Master Plan. TABLE 1: DRI MASTER PLAN LAND USE ACREAGE CHANGES Land Use Designation Proposed Acreage DRIA Existing Acreage Change #13 Industrial (IND) 97.18 101.25 (4.07) Office/Industrial (OI) 79.82 79.75 0.07 Mixed Use 94.86 90.86 40 Open Space 88.78 82.20 6.58 Reserved 0 6.58 {6.58) All other categories on the Land Use Acreage Table remain the same as approved in Amendment #12. The Quantum Park DRI acreage total of 553.13 remains unchanged. The Quantum Park DRI has been amended 11 times over the years, which is not unusual for a DRI of this type. The Florida Statute governing the DRI process, Chapter 380.06(19), provides for and anticipates amendments stating "There are a variety of reasons why a developer may wish to propose changes to an approved development of regional impact, including changed market conditions". These proposed changes to the Master Plan were analyzed from two perspectives. The first is the potential for creating additional regional or local impacts. The second is the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City through the Comprehensive Plan, Land Development Regulations and other applicable studies such as the Visions 20/20 plan, /mpacts Re,qional A development has gone through the DRI process because the projected impacts are considered regional in nature. Any change to that development must be analyzed to determine if the changes proposed create additional impacts above and beyond what was originally identified and mitigated. In the case of the Quantum Park DRI the major issue is whether there will be an increase in traffic resulting from the land use redistribution/redesignation. A provision in Amendment #8 to the Quantum Park development order requires that" A traffic study shall be submitted with any future application requesting a change in use designations on any Int. The City shall hire, at the applicant's expense, an independent traffic consultant to review the study". In lieu of an independent traffic consultant, the city's Public Works Department Director, a designated TRC member, conducted the review of the traffic study. The applicant has also transmitted the traffic study to the Palm Beach County Traffic Division for their customary review and approval. Based on the TRC review of the Master Plan, including the traffic study, no additional regional impacts are evident. The vested number of trips, 63,752 is presumed to remain unchanged due to the balancing of increases and decreases in the intensities of the proposed changes to the land use designations. The Palm Beach County Traffic Division has not released the results of their review at this time. 4 Quantum Park - DRIA 02-001/MPMD 02-002 Memorandum No. PZ 02-188 The Department of Community Affairs and the Treasure Coast Regional Planning Council focus their review of the amendment on regional issues exclusively. Staff has not yet received a formal written response from these agencies. It is anticipated that the city will receive comments from both agencies before review by the City Commission. Local The focus of the substantial deviation determination is regional impacts. The development order for the DRI is a local order and the approval of any requested changes is within the jurisdiction of the city. As such, the city's main focus is local issues and impacts. There were no significant local issues identified by the TRC members at this time. The Utilities Department has indicated that any unforeseen impacts to the water and sewer systems and related levels of service will be borne by the developer. The updated Traffic Impact Analysis submitted with the request for amendment indicates that there will be no increase in the allowable intensities of development. The traffic generation levels will remain within the limits for which the DRI is vested. Turning movements and signalization issues can be evaluated and addressed at the Master and Technical Site Plan stage. Drainage will also be reviewed in detail as part of the Master and Technical site plan approvals, and must satisfy all requirements of the city and local drainage permitting authorities. Consistency and Compatibility with City Policies Of the three changes proposed by the applicant only Lot 89B presents issues that are contrary to city policies. The three proposed changes are discussed below. Lot 3 - This lot was inadvertently changed from Office/Industrial (OI) to Industrial (I) in NOPC #10. The site has an active site plan approval which requires the OI designation to allow the permitted development of an office/warehouse with office use comprising more than 20% of the square footage permitted under an "Industrial" only designation. The applicant is proposing the change to rectify this situation. Lot 34-C - This lot was designated as "Reserved" in the last DRI Master Plan amendment #12. The "Reserve" category is a non-development designation. This lot was never designated for development and has been included in the Open Space category until Amendment #12. The applicant wanted to place an "Industrial" designation on the lot. Staff objected and the compromise "Reserved" category was initiated until the city and developer could determine the most appropriate use for the site. Subsequently, the developer sold the parcel to the Quantum Community Development District (QCDD) for detention/retention and open space. This is consistent with the intended use of the site in the original DRI approval. Lot 89B - Lot 89B is a four (4) acre lot located in the northeast corner of the Quantum Park PID. The current Master Plan designation is Office/ Industrial (OI). It is an irregularly-shaped lot located east of High Ridge Road. The applicant has provided the following justification for changing the lot to Mixed Use (MU). Lot 89B is adjacent to Lots 83 through 88. Lots 83 through 88 are designated as Mixed Use. It has been determined that to enhance the Mixed Use concept, as well as the residential component to that concept, the addition of Lot 89B is necessary and appropriate. The inclusion of lot 89B as Mixed Use will enhance the proposed development of Lots 83-88, which will benefit the entire Quantum Park as well as the Quantum Park - DRIA 02-001/MPMD 02-002 Memorandum No. PZ 02-188 City. There really is no down side to this change, as this property has been sitting vacant for many, many years, and as such, apparently is not desirable in the market for development as Office or Industrial. First, Lot 89B is not "adjacent" to Lots 83 -88. It is across High Ridge Road which is a four lane divided local collector. Second, there is existing and proposed office, industrial and commercial development surrounding Lot 89B as described further below. North - Lot 89-A designated Office/Industrial (OI) and occupied by Ed Carey Design, (Design, manufacturing, storage and distribution of dbcor elements) and developed land, outside of Quantum Park, with an industrial land use designation and zoned M-1; South - Right-of-way for High Ridge Road and Lot 90(portion) designated Office/Industrial (OI) developed as Gateway Professional Building; East - Lot 90(portion) designated Office/Industrial (OI) developed as Gateway Professional Building and Lot 90(portion) designated Government/Institutional (G&I)) developed as the TriRail public transportation station; West - Lot 89-A designated Office/industrial (OI) and occupied by Ed Carey design and right-of-way for High Ridge Road.. Farther south in this northeast portion of Quantum Park is Lot 91 designated Office/Industrial/Commercial on the Quantum Park Master Plan. It is located on the northeast corner of High Ridge Road and Gateway Boulevard. The northern border is an access drive for the TriRail station. This parcel was originally approved for an ice skating rink but the site plan expired. Now it is the subject of an Use Approval application for a gas station/truck stop/convenience store and a Conditional Use/Site Plan application for a fast food restaurant with a drive-through facility. The applicant's argument that Lot 89B is not suitable for office or industrial is not consistent with the nature of development occurring around it. Simultaneously with this NOPC application, Quantum is requesting Master Site Plan approval for Lots 83-88 designated Mixed Use on the Master Plan. These lots were the first to be designated Mixed Use with the approval of Quantum Park DRI Master Plan Amendment #10. This proposed Master Site Plan provides for commercial development along Gateway Boulevard and 136 fee simple townhomes on the balance of the site. An additional six (6) rental units are proposed to be located in the commercial portion of the site integrated with office use. Also submitted is a Master Site Plan for Lot 89B that continues the townhome portion of the development with 39 units proposed. If these two Master Site Plans were approved they would use the balance of residential units permitted for Quantum Park. Mixed Use, including residential, commercial and office is permitted on lots 83-88. These lots are the last available designated for this type of development in Quantum Park. The city's original intent in approving the "Mixed Use" designation was to allow the development of neo- traditional and new urbanism design concepts. This has not occurred, nor is it evident in the two Master Site Plans submitted. Considering the intent of the mixed use designation it would be more appropriate to incorporate the remaining 39 units into the site plan for lots 83-88. The location of lot 89B is not conducive to residential development as it is surrounded by non- residential uses. The future residents will be homeowners who may object to specific industrial uses located adjacent to them. This incompatible situation is contrary to the intent and purpose Quantum Park - DRIA 02-001/MPMD 02-002 Memorandum No. PZ 02-188 of a planned industrial park. Also, the argument by the applicant that 89B will enhance the development of the mixed use on Lots 83-88 located to the west, is flawed. There is no logical connection between Lot 89B and the lots to the west. The applications for the Master Site Plans indicate that the recreation area will be located on the residential portion of Lots 83-88 to the west and will be used by the residents in 89B. Automobiles as well as pedestrians must cross High Ridge Road, a four-lane divided roadway to access the principal project. This is not a signalized intersection nor is it proposed to be one. Safety and access are major concerns since this portion of High Ridge Road is located on a curve and carries a significant amount of truck traffic from the industrial area to the north. Additional arguments against the change for 89B to mixed use are provided in the City's Comprehensive Plan policies. Policy 1.19.2 of the Land Use Element addresses the provision of lands for Industrial development and reads as follows: "The City shall provide continued effort to allow for industrial acreage which can accommodate the approximate industrial employment which has been projected in the Future Land Use Element, and prohibit conversion of land designated "Industrial" on the currently adopted Future Land Use Map unless such conversion would generate a range of employment choices for current and future residents, provide goods and services of regional importance, and retain regional fiscal and economic significance." Policy 1.19.4 states "the city shall continue to encourage and enforce the development of Industrial land as industrial parks or concentrated industrial areas in order to maximize the linkage between complementary industries". The 1989 Comprehensive Plan contains policies dealing with the general incompatibilities between "Industrial" and "Residential" land uses and recommends physical separation and buffering to ameliorate those effects. The proposed location for the 39 townhome units on Lot 89B is adjacent to properties developed for industrial and office uses. There is no adequate justification provided by the applicant to convert lands earmarked for development as an employment center to residential development. If one of the goals of the City is to maintain a jobs/housing balance, as lands designated for employment-based development are reduced, a corresponding need for housing diminishes. Otherwise, the City becomes merely a bedroom community for other, more successful, employment centers in the County. Conclusion As indicated herein, the impacts of the proposed DRI amendments on the utility systems, roadways and public facilities are either within the existing capacities or additional provisions will be required of the developer to ensure that levels of service standards are not compromised. Regarding the conversion of Lot 89B from Office/Industrial to Mixed Use (MU), there has been no justification presented by the applicant that would refute the findings contained herein, nor specifically justify its conflict with the Comprehensive Plan or its disadvantages regarding location. If it is the intent of the applicant to develop all of the allotted 1000 residential units, they can be located on the existing mixed use designated lots. This can be accomplished by using a new urbanism design that integrates the residential units with office or commercial in 7 Quantum Park - DRIA 02-001/MPMD 02-002 Memorandum No. PZ 02-188 one building as originally proposed and used by the applicant to justify a previous NOPC application. RECOMMENDATIONS Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has demonstrated by clear and convincing evidence that the proposed change is not a substantial deviation requiring additional development of regional impact review. Regarding the proposed modifications to the Quantum Park Master Plan staff recommends approval of designating Lot 3, Office/Industrial (OI) and designating Lot 34-C, Open Space/Detention. Based on the analysis presented above, staff recommends denial of the request to designate Lot 89B "Mixed Use". If the request for Lot 89B is approved staff recommends that Lot 89B, if developed exclusively as residential, at a minimum be buffered from adjacent non-residential uses in accordance with the requirements of the Quantum Park Buffer Plan and the PID buffer requirements in the Land Development regulations. No waivers should be granted from these buffer requirements (see conditions of approval Exhibit "D"). S:~PLAN NING~ HAR ED\W P~PR OJECTS\QU ANTU M PARK 2002 AMEND #13 + MPMD~DRIA 02-0OIlSTAFF REPORT #13DOC IK OF COMM ~UANTUM PARK] PlO 1/8 400. '800 FEET EXHIBIT "B" EXISTING MASTER PLAN · EXHIBIT 'C" ' PROPOSED MASTE PLAN EXHIBIT "D" Conditions of Approval Project name: Quantum Park NOPC Amendment #13 File number: MPMD 02-002 Reference: 2~ review plans identified with a September 3, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. With respect to the re-designation of Lots 89B and 3 the Developer shall X provide a Traffic Impact Analysis (TIA) as noted in Staff's reviews of Quantum Villages North and Quantum Villages East (Lot 89B), dated August 5, 2002, (provided under separate cover) which, at a minimum, evaluates the impact of traffic (turning movements) and need for signalization. Of particular concern is traffic congestion at the proposed intersection of High Ridge Road and the proposed Quantum Villages North and Quantum Villages East (Lot 89B). The TIA must be provided at time of Master Site Plan submittal for Lot 89B and Quantum Village-North. UTILITIES Comments: 2. The applicant (through his design engineering consultant) needs to X demonstrate that: a.) sufficient utility system capacity is available to support the proposed modifications to the previously approved land uses to the north of Gateway Boulevard; o._~r b.) that the necessary upgrade(s) to the system(s) will be provided to allow for the proposed use(s) at time of Technical Site Plan Review. Comments: None X POLICE Comments: None X ENGINEERING DMSION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: 3. All residential development planned for this area will be subject to the Park X and Recreation Facilities Impact Fee. FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 4. Under the condition of Amendment #8 to the Quantum Park Development X Order and Chapter 3, Article IV of the Land Development Regulations, a traffic analysis is required for this Master Plan approval. In lieu of an independent traffic consultant, the staff and the Palm Beach County Traffic Division will review the traffic study. The project must meet the Palm Beach County Traffic Performance Standards. 5. If Lot 89B is developed as residential, it must meet the buffer requirements of the Quantum Park Peripherial Landscape Buffer Plan and the PID buffer X requirements in the Land Development Resulations. No waivers are allowed. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. Omit Comment #5 allowing buffer plan to be reduced and project setbacks as X proposed or adiusted. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be deternUned. S:\Planning\SHARED\WP\PROJECTS\Quantum Park 2002 Amend #13 + MPMD\CC~.doc XII. - LEGAL ITEM D.1 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Date~ in to CiW Clerk's Office Meeting Dates in to Ciw Clerk's Office [] August6,2002 July17, 2002 ($:00p.m.) [] October l, 2002 September l6, 2002 (Noon) [] August20,2002 AugustS, 2002 (Noon) [] OctobcrlS, 2002 September30,2002(Noon) [] Septembcr 3, 2002 Augustlg, 2002(Noon) [] November6,2002 October l4, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans .: - _ NATURE OF [] Consent Agenda [] New Business ~ AGENDA ITEM [] Public Hearing [] Legal ~- [] Bids [] Unfinished Business [] Announcement [] Presentation -- '- : [] City Manager's Report ~ RECOMMENDATION: Staff requests a motion to approve the release of the $18,250.00 plus applicable interest as per agreement reached at the June 4, 2002 City Commission meeting. (Minutes attached/Exhibit 'A') EXPLANATION: The City Commission unanimously approved a 'partial release' of lien for lots 5-8 contingent upon the removal of the debris on lots 3&4 within 90 days of the June 4, 2002 City Commission meeting. In addition, the applicant was required to put $18,250.00 in escrow during the 90-day period to be returned only if the work was completed within this time frame. Staffhas verified the applicant met and exceeded the requirements of the agreement and therefore is warranted the return of the escrowed funds. The lien on lots 3&4 remains on the books, and will be handled through the City's 'Lien Reduction Hearing' procedures. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: There is no alternative as the conditions of the agree~ ,/Departmen~Head's Signature C~ Manager's Signature c'~ ~.t e ~.~ 5'~ Department Name ,/ City A~Zn~y~/'~ina~ce / Haman Resources S:~BULLETIN~FORMS~AOENDA ITEM REQUEST FORM DOC Meeting Minutes Regular City Commission Boynton Beacht Florida June 4, 2002 Mayor Broening invited Kristina Kramer, 14 year~ of age, to the podium. Ms. Kramer spoke of the events of September 11 and what a terrible time it had been for the country. She decided to make somethil~g to encourage people to get beyond the worst of their hard feelings and look towards making the country better than ever. The wall sculpture she donated looked like the Statue of Liberty because she wanted those who see it to remember what our country stands for. A banner on the statue contains words from Abraham Lincoln's Gettysburg Address: "...that from these honored do~d we ta/~o increased devoObn to that cause for which they 9ave the last full measure of devoO'on. That here we highly resolve that these dead shall not have died in vain, that this na#on, under God, shall have a new birth of freedom, and that government of the people, by the people, for the people, should not perish from this ear~. ~ Mayor Broening announced that the sculpture would be put in the lobby of City Hall and other public places so as many people could see it as possible. LEGAL (Heard out of Agenda Order) C. Resolutions: 1. Proposed ResoluUon No. R02-0~2 Re: Authorizing Mayor to execute Partial Release of Lien for 1000 W. Industrial Avenue, Boynton Beach Industrial Park North, Lots 5-8 Vice Mayor Weiland invited ~cott Slasie, Code Compliance Administrator, to exptain the case. Mr. Blasie indicated that the property had been a problem for quite some time and involved some illegal flit operations going back to 1996. The request before the Commission was for a partial release of lien on Lots 5 through 8. The City of Beynton Beach still retains liens on Lots 3 and 4 and staff believed that this would be sufficient to secure the Oty's financial interests. Mr. Blasie was aware of the concerns about the heavy equipment and debris that remain on Lots 3 and 4. Staff is recommending approval because the respondent has been extremely cooperative with all that the City had asked them to do. There is no reason to doubt that they will finish the job. Chuck Mi#ar, D~velopment Planner from Moyle, Flanigan, Katz, Raymond & Sheehan, P.A., stated that they had a contract to purchase Lots 3-8. The contract purchaser plans to construct a 14,000 square foot building with parking and a maintenance yard for construction equipment. The contract purchaser made several large trenching ditches north and south atong Lots 5-8 in order to determine what was buried there. Mr. Millar's firm represents the property owner, not the tenant on Lots 3 and 4, Phoenix Wrecking. Mr. Millar investigated the trenches and determined that most of the buried matedal was concrete and rebar from some demolished bridges. Mr. Millar's client had just received a Final Judgment on Lots 3 and 4 and had posted a Writ of Possession. They gave Phoenix Wrecking until last Fdday to move as much of the equipment as they could but there are still: four cranes and some LP tanks. They have gotten bids from contractors in excess of $35K to remove the remaining material. None 6 MeeUng Minutes Regular City Commission Boynton Beach, Florida 3une 4, 2002 of the equipment on Lots 3 and 4 will be relocated to any other lot in the area. Mr, Millar thanked Mr. 81asie and Mr. Livergood For their assistance in the matter. Commissioner Fisher asked about the time required for total compliance. Mr. Millar indicated that they would work as diligently as possible to do the work in the next 45 days. Vice Mayor Weiland asked how much equipment had been removed since the Commission released the lien on Lot 9 in February. Mr. Mlllar stated that the tenant had not removed anything from the property until about ten days ago. Motion Commissioner Fisher moved that the lien be released on Lots 5-8 with the ~pulation that the remaining properties are to be brought up to Code within 90 days. Vice Mayor Weiland seconded the motion. Attorney Cherof asked if: the intent of the motion was that the partial release of: lien be held for that 90-day period, contingent upon cleaning up the property. Vice Mayor Weiland stated that this would delay their closing and Mr. Mi,ar agreed that it would. Attorney Cherof suggested that the $18,250 lien funds be held in escrow for that g0~ay time period with the contingency that they be released to the City if there is no dean up. Commissioner Fisher amended the motion accordingly. Vice Mayor Weiland agreed. The motion carried 5.0 D. Other: 1. Authorize the City Attorney's office to initiate foreclosure action against the property located at 1102 North Federal Highway Scott Blasie, Code Compliance Administrator, advised that this was a vacant commercial building at the corner of Martin L. King Boulevard and North Federal Highway. CurrenUy, the Code Compliance Division has a fine on the property for $17K plus. They had never been able to contact the property owner. Mr. Blasie believed that there were severat years of unpaid taxes on the property. Also, it appears that the property has suffered extensive water damage and some ceilings are coming down. Mr. Blasie brought the case forward in the hope that the City, the CRA, or some other interested party might be interested in pursuing the property se that it could become an asset to the City. Commissioner Fisher moved to authorize the City Attomay to in~tute foreclosure proceedings against the property located at 1102 North Federal Highway. Commissioner Ferguson seconded the motion that carried unanimously. PUBLZC HEARING: 6*'30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMZTS 7 XII. - LEGAL O ITEM D.2 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates i~ to Ciiw Clerk's Office Meetin~ Dates in to City Clerk's Office [] August6,2002 July17, 2002 (5:00p,m) [] October l, 2002 September l6, 2002 (Noon) [] August20,2002 August5,2002 (Noon) [] OctoberlS, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a,m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to authorize settlement of a clain~ EXPLANATION: Tlus is a request for authorization to settle a claim of discrimination at the pre-litigation stage. Charges of discrimination are eligible for claims mediation by agreement of the parties. The City participated in a mediation conference wherein a proposed settlement was reached. The settlement will result m the payment of $2,500.00 by the City to an employee for relinquishment of all claims and demands resulting from the charge. The settlement does not constitute an admission of any wrongdoing, which the City adamantly denies. The settlement represents an amount substantially less than would be expended to defend the charge. PROGRAM IMPACT: fda FISCAL IMPACT: ALTERNATIVES: ~ Deparm~nt Head's Signature City Manager's Signature City Attorney '.q City Attor[~ / ~inance / Human Resomces Deparm~ent Name SSBULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC XI'TZ-UNFI'NTSHED BUSINESS YrEM A. CITY OF BOYNTON BEACIq AGENDA ITEM REQUEST FORM Requested Ci~ Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to CiW Clerk's Office M¢¢tin~ Dates tn to City Clerk's Office [] August 6, 2002 July 17, 2002 (500 p m) [] October I, 2002 September 16, 2002 (Noon) [] August 20. 2002 August 5, 2002 [qqoon) [] October 15, 2002 September 30, 2002 (Noon) [] September3,2002 August l9, 2002 (Noon) [] November6,2002 October l4, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 am) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Un£mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Review of Comprehensive Plan Amendment - DCA No. 02-1 - 32.2 Acre Parcel on South Congress Avenue. Discussion by City Commission Requested. EXPLANATION: The City has received a response dated September 9, 2002 from the Department of Community Affairs (DCA) concerning a review ora proposed comprehensive plan amendment. DCA has raised issues in their review that need to be addressed by the City. DCA has suggested that the City's land use policy to preserve industrially planned land is not supported by this amendment. There are three basic options that the Commission may consider: 1. Adopt the necessary ordinances that approve the comprehensive plan amendment. The ordinance can be prepared and submitted to the Commission for fin:st reading on October 150". This may draw an objection and notice of non- compliance by DCA. 2. Instruct Staffto prepare an amendment to our current land use policy concerning preservation of industrial land. This will require review by the CRA and the P&D Board prior to consideration by the Commission. The hearing before P&D would be October 22, before the CRA November 12 and first reading of an ordinance amending the policy before the Commission, November 19. This may also draw a review by DCA. 3. Decline to approve the amendment to the land use plan and preserve the land as industrial. This would mean the apartment project will not go forward. This may draw a complaint by the contract purchaser of the 32.2-acre parcel and surrounding property owners who favor non-industrial use of the 32.2 acres. PROGRAM IMPACT: Substantial in that the DCA has inqu/red about the long-term impact of our land use policy. FISCAL IMPACT: None direct. However, the land use issues are germane to tax base. Is it better to hold until development of industrial uses for the subject property or secure a tax base y~eld from the parcel for multiple-family? A LTE RN AT~eV[ ~ :ment H:aU;l~nf.~ in~X-~'"~ePlanati°n secti°n ab°ye' 4~gnature] Department Name City Attorney / Finance / Human Resources S:\BULLETINhFORMS~AGENDA ITEM REQUEST FORM DOC STATE OF FLORIOA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better p/ace to call home" JEB BUSH STEVEN M. SEIBERT Governor Secretary September 9, 2002 The Honorable Gerald Broening ' -- .......... Mayor, City of Boynton Beach I00 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Dear Mayor Broening: The Depath,,ent has completed its review of the proposed comprehensive plan amendment for the City of Boynton Beach (DCA No. 02-1), which was received on July I0, 2002. The amendment involves a future land use map change from Industrial to High Density Residential for a 32.2-acre pamel. Based on Chapter 163, Florida Statutes (F. S.), we have prepared the attached report which outlines our findings concerning the amendment. It is particularly important that the City address the objection set forth in our review report so that the issues raised in the report can be successfully resolved prior to adoption. We have also included a copy of local, regional and state agency comments for your consideration. Within the next 60 days, the City should act by choosing to adopt, adopt with changes or not adopt the proposed amendment. For your assistance, our report outlines procedures for final adoption and transmittal. The Department respects the City's land use decisions and supports the kind of development the City wants to encourage within the City. However, we recognize that this amendment does not further the City's existing policy framework which seeks to maintain and strengthen the City's industrial base. Therefore, the Department has made recommendations in the attached report to assist the City in its efforts to promote industrial employment, while allowing flexibility in land use decisions if so desired. We are available to assist the City in responding to our report. Please contact Ken Metcalf, Regional Planning Administrator, at (850) 922-1807, or Joseph Addae-Mensa, Planner, at (850) 922-1783, if we may be of .fu~~~//// E "Sonny" Timme~n ~/H'.E. "Sonny" Timmel Director, Division of Community Planning cc: HET/jam Enclosures: Objections, Recommendations and Comments Report Review Agency Comments cc: Michael W. Rumpf, Director of Planning and Zoning, City of Boynton Beach Michael J. Busha, AICP, Executive Director, Treasure Coast Regional Planning Council 2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncorn 278.8466 FAX: 850.921.0781/Suncom 291.0781 Interne[ address: http://www.dca.state.fl.us CRITICAL STATE CONCERN I=IELD OFFICE COMMUNITY pLANNING EMERGENCY I~ENIENT HOUSING & COMMUNrrl¢ D'EYELOPNIENT DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND CO~VEV[ENTS REPORT FOR TI~I~E CITY OF BOYNTON BEACH AMENDMENT 02-1 September 9, 2002 Division of Community Planning Office of Comprehensive Planning This repor~ is prepared pursuant to Rule 9J-I 1.010, F.A.C. INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the City of Boynton Beach proposed Comprehensive Plan Amendment (DCA 02-1) pursuant to Section 163.3184, Florida Statutes (F.S.). Objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida Administrative Codes (F.A.C.), and Chapter 163, Part II, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one of the other external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. The City of Boynton Beach should address each of these objections when the amendment is resubmitted for our compliance review. Objections which are not addressed may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis items which the City of Boynton Beach considers not applicable to its amendment. If that is the case, a statement justifying its non-applicability pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will make a determination on the non-applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments which follow the objections and recommendations are advisory in nature. Comments will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections" heading in this report. TRANSMITTAL PROCEDURES Upon receipt of this report, the City has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local comprehensive plan amendments is outlined in s. 163.3 i 84, Florida Statutes, and Rule 9J- 11.011, Flotida Administrative Code. Within ten working days of the date of adoption, the City must submit the following to the Depa~ tment: Three copies o£ the adopted comprehensive plan amendment; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing o£ £mdings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship o£ the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice o£intent. In order to expedite the regional planning council's review of the amendment, and pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy o£the adopted amendment directly to Michael Busha, AICP, Executive Director o£ the Treasure Coast Regional Planning Council. Please be advised that the Florida legislature amended Section 163.3184(8)0o), F.S., requiring the D~partment to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by the law to fi~mish to the Devartment the names and addresses of thc citizens requesting this information. This list is to be submitted at the time of transmittal of the adopted plan amendment (a sample Information Sheet is attached for your use). OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT PROPOSED COMPREHENSIVE PLAN A~MENDMENT CITY OF BOYNTON BEACH (DCA No. 02-1) I. CONSISTENCY WITH CHAPTER 163, F.S., PuND RULES 9J-5 & 9J-11, F.A.C. The Department has completed its review of the proposed amendment to the City of Boynton Beach Comprehensive Plan (DCA No. 02-1). The amendment involves a future land use designation change from Industrial to High Density Residential for a 32.2-acre parcel. The parcel is located west of 1-95 and the CSX railroad, east of Congress Avenue, and north of Lone Pine Road. The Department has the following objection and comments: Objection. The amendment is internally inconsistent with Future Land Use Element Policy 1.19.2 of the City's Comprehensive Plan which prohibits conversion of land designated Industrial on the City's adopted FLUM to any other land use, unless such conversion would produce specified outcomes. The policy reads as follows: The City shall provide continued effort to allow for industrial acreage which can accommodate the approximate industrial employment which has been projected in the Future Land Use Element, and prohibit conversion of land designated "Industrial" on the currently adopted Future Land Use Map unless such conversion would generate a range of employment choices for current and future residents, provide goods and services of regional importance, and retain regional fiscal and economic significance. The conversion of industrial land to residential land use would not generate a range of employment choices for current and future residents, provide goods and services of regional importance, and retain regional fiscal and economic significance. [Sections 163.3177(2); 163.3177(6)(a); 163.3177(9)Co), F.S., Rules 9J-5.005(2)(a); 9J-5.005(5)(a) & (b), F.A.C.I Recommendation. The City should ensure that the amendment is internally consistent with Future Land Use Element Policy 1.19.2. The City may withdraw the amendment, since a conversion to residential land use category would not generate a range of employment choices for current and future residents, provide goods and services of regional importance, and retain regional fiscal and economic significance, as the City intends to accomplish through Policy 1.19.2. The Department supports the existing policy framework winch seeks to maintain the City s industrial bas . However, to allow for additional flexibility, the City could consider a revision to Policy 1.19.2 that would allow for induslzial land conversion to residential land use, with guidelines or complementary amendments to ensure the City maintains the current industrial allocation. For example, the City could intensify use of industrial land to offset a loss of industrial acreage or could adopt other amendments to concurrently convert other lands to industrial use. Comment 1. Although the City's staff report indicates that the amendment would not place any "unanticipated demands" on the City's public facilities, the amendment does not include public facility data and analysis to demonstrate that the City would maintain the adopted levels of serv/ce (LOS) standards for potable water, sanitary sewer, solid waste, drainage, parks and recreation, road and school facilities throughout the City's planning timeframe. In the absence of the required public facility 4 analysis from the City, the Department's staff conducted a cursory analysis to determine if the amendment would result in LOS deficiencies for potable water, sanitary sewer and roads. Based on the Department's staff analysis, it has been determined that the amendment would not create any LOS deficiencies for these facilities. In order to have an objective basis for evaluation of the potential impacts of a future land use map change, the Department requires that public facility capacity analysis, based on the maximum intensity or density standards as adopted in the local government's comprehensive plan, be conducted by the local government. Based on this analysis, the local government would be able to determine if it would maintain its adopted LOS standard for each public facility, both within the five-year and the overall planning time horizons, and if not to determine mitigation necessary to correct identified deficiencies. Therefore, the Department recommends that the City of Boynton Beach include public facility analysis in this amendment and in all future land use map amendments. Comment 2. The proposed High Density Residential land use category, allowing a maximum density of 10.8 dwelling units per acre, may be incompatible with the existing and future character of the areas surrounding subject site. According to the information provided in the amendment package, the area north of the property is developed industrial and has a future land use designation of Industrial, adjacent to the south exists the City of Delray Beach's Waste Water Treatment Facility and has Community Facilities/Public Buildings land use designation on the City of Delray Beach Future Land Use Map (FLUM), to the east is unincorporated Palm Beach County and has a FLUM designation of Industrial land use, and the property to the west is low density residential development (Hunters Run) and designated Low Density Residential (4.84 dwelling units per acre) on the City of Boyuton Beach FLUM. Additionally, the parcel abuts the CSX Railroad which is currently being doubled-tracked, according to Florida Department of Transportation (District 4). Traffic-generated noise from the CSX Railroad would be a potential concern to the residents of the proposed residential development. If the City decides to adopt this amendment, then the Depastanent is recommending that the City explore appropriate measures to address the compatibility issue. II. CONSISTENCY WITH STATE COMPREHENSIVE PLAN The proposed comprehensive plan amendment does not adequately address and further the following goals and policies of the State Comprehensive Plan, Chapter 187, F.S.: Transportation Goal and Policies 9, 13, & 15, regarding ensuring easy mobility; intergovernmental coordination of transportation improvements, and promotion of effective coordination among various modes of transportation in urban areas to assist urban development and redevelopment efforts. Public Facilities Goal and Policy 1, regarding developing land in a way that maximizes the uses of existing public facilities. Recommendation. The City should revise the proposed amendment to be consistent with the above-referenced goals and policies of the State Comprehensive Plan (see specific objections, comments and recommendations included in this report). Florida Department f Transportatim -- GOV£1~N'OR FORT LAUDERDALE, FLO.R!DA 33309-34' I DIRECTOR of PLANNING AN D PRODUC'i"~ON lUUl August 6, 2002 I_ PLAN PROCESSING TEAM Mr. Ray Eubanks, Planning Manager Department of Community Affairs Bureau of State Planning 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Dear Mr. Eubanks: SUBJECT: Proposed Comprehensive Plan Amendments ORC Review Local Government: City of Boynton Beach DCA Amendment # 02-I The Department has reviewed the proposed comprehensive plan amendments for the City of Boynton Beach. Enclosed are objections, recommendations, and comments regarding the proposed amendments. Thank you for the opportunity to participate in the review process. If you have any comments or questions about this letter, please contact me at (954) 777-4490. Sincerely, Gerry O'ReSlly, P E. J District Director Planning and Production GO:TS Enclosure cc: B. Romig, FDOT Central Office K. Metcalf, DCA D. New. jaN', Th-Rail R. Holzweiss, FDOT 4 N. Bungo, FDOT 4 L. Men'itt, FDOT 4 L. Hyrnowitz, FDOT 4 File: 4270.03 www.dot.state.fl.us ~ F1EOYCLE0 ,oAla~ DISTRICT 4, DEPARTMENT OF TRANSPORTATION OBJECTIONS, RECOMblENDATIONS & COMMENTS RESPONSIBLE DIVISION/BUREAU: Planning Department NAME OF LOCAL GOVERNMENT: City of Boynton Beach DATE PLAN RECEIVED FROM LOCAL GOVERNiVIBNT: 7/12/02 DATE MEMORA2',FDUM PdECEIVED FROM DCA: 7/16/02 REQUIRED RETURN DATE FOR. COMMENTS: 8/12/02 ELEMENT: LUAR 02-002 Future Land Use Element DCA Amendment # 02-1 RULE DEFICIENCY: 9J~5-005(2)(a) and (c) 9J-5.019(3)(a) and LO. The subject amendment proposes to change the future land use designation from Industrial to High Density Residential land use for a 32-acre parcel. This parcel is located ',vest ofi-95 and adjacent to the CSX railroad tracks, east of Congress Avenue and north of Lone Pine Road. OBJECTION: A land use change from Industrial to High Density Residential land use designation usually results in an increase in vehicle trips on the adjacent roadways. Although the applicant states the Palm Beach County Traffic Division has reviewed the traffic study submitted in apport of the proposed project and determined it meets County standards, the study was not included in the amendment package. The City has not addressed potential traffic impacts that would result from the proposed land use change to 1-95, a Florida Intrastate High~vay System facility. RECOMMENDATION: The City should include a transportation analysis of the impacts the proposed land use change would have on the roadway network, including the FillS. This analysis e should identify projected vehicle trips b fore and after the proposed amendment, peak hour/peak direction analysis, and the methodology used. The analysis should be based on the most current data available. REVIEWED BY: Ten3' Scheckwitz, AICP PHONE: 954-777-4490 REVIEWED BY: Larry Hwnowitz, AICP PHONE: 954-777-4490 }LEVIEWED BY: Nancy Bungo PHONE: 954-777-4490 1 DISTRICT 4, DEPARTMENT OF TRANSPORTATION OBJECTIONS, RECOMblENDATIONS & COMMENTS RESPONSIBLE DWISION/BUREAU: Plannin~ Department NAME OF LOCAL GOVERNMENT: City of Bo,mton Beach DATE PLAN RECEIVED FROM LOCAL GOVERNMENT: 7/12/02 DATE MEMORANDUM RECEIVED FROM DCA: 7/16/02 REQUIRED RETURN DATE FOR COMMENTS: 8/12/02 ELEMENT: LUAR 02-002 Future Land Use Element DCA Amendment # 02-1 RULE DEFICIENCY: 9J'-$.019(2)(a)2 and_6 9J-5.019(3)(t) The subject amendment proposes to change the future land use designation from Industrial to High Density Residential land use for a 32-acre parcel. This parcel is located west ofi-95 and adjacent to the CSX railroad tracks, east of Con~ess Avenue and north of Lone Pine Road. The site is served by Palm Tran Route 2, which provides service to Tri-Rail. OBJECTION: The proposed change to High Density Residential land use designation results in an increase in trip generation and qualifies as transit generator. Mobility choices, such as pedestrian, bicycle, and transit considerations, to accommodate the proposed land use were not analyzed. RECOMMENDATION: The City should include a mobility choice analysis based on the maximum allowable land use intensity before and after the proposed amendment. Future Land Use Element Objective 1.3 should be revised to include a policy to address mobility choices for land uses that qualify. as transit generators. The City should coordinate with Palm Tran to plan for appropriate and accessible transit infrastructure. The City, and the applicant, should consider transit infrastructure and access to Palm Tran's Route 2 bus stop by pedestrians and bicycles. Pedestrian considerations are an important component in providing a quality transit experience. The City should address its policy on pedestrian considerations as part of this amendment, including students' access to the school buses and convenient connectivity to transit infrastructure on both sides of Congress Avenue. These considerations should include identified walkways, lighting for safety, and a canopy, such as landscaping, for a measure of climate control for pedestrians and transit riders. REVIEWED BY: Terry Scheckwitz, AICP PHONE: 954-777-4490 REVIEWED BY: Larry Hymowitz, AICP PHONE: 954-777-4490 REVIEWED BY: Nancy Bungo PHONE: 954-77%4490 2 DISTRICT 4, DEPARTMENT OF TRANSPORTATION OBJECTIONS, RECOMMENDATIONS & COMMENTS RESPONSIBLE DIVISION/BUREAU: Planning Department NAME OF LOCAL GOVERNMENT: City of Bovnton Beach DATE PLAN RECEIVED FROM LOCAL GOVERNMENT: 7/12/02 DATE MEMORANDUM RECEIVED FROM DCA: 7/16/02 REQUIRED RETURN DATE FOR COMMENTS: 8/12/02 ELEMENT: LUAR 02-002 Future Land Use Element DCA Amendment # 02-I RULE DEFICIENCY: The subject amendment proposes to change the future land use designation firom Industrial to High Density Residential land use for a 32-acre parcel. This parcel is located west ofi-95 and adjacent to the CSX railroad tracks, east of Congress Avenue and north of Lone Pine Road. COMMENT: The CSX Railroad, also known as the South Florida Rail corridor, which is adjacent to the proposed development, is currently being double-tracked. Traffic generated noise from the CSX Railroad is likely to be a concern to the residents of the proposed development. RECOMMENDATION: The developer is encouraged to avoid creating noise-sensitive receivers that could be impacted unless appropriate noise attenuation measures are provided. These measures may include keeping a minimum setback of 200 feet from the right of way line for the CSX Railroad, construction ora noise wall at least 16 feet tall, and the inclusion of enhancements in the development for above ground level units, to window and door treatments to minimize inter/or noise, that meet HUD specifications. REVIEWED BY: Terry Scheckwitz. AICP PHONE: 954-777-4490 REVIEWED BY: Larry Hvmowitz. AICP PHONE: 954-777-4490 REVIEWED BY: Nancy Bungo PHONE: 954-777-4490 DIVISIONS OF FLORIDA DEPARI'MENT OF ST,~ ~ ,MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE ~ Katherine Harris DIVISION O~ HISTORICAL R£$OURCE$ -- Mr. Ray Eubanks Department of Community Affairs Bureau of State Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 323 99-2100 Re: Historic Preservation Review of the City of Boynton Beach (02-1) Comprehensive Plan Amendment Request (Received by DHR on 07/12/02) Dear Mr. Eubanks: According to this agency's responsibilities under sections 162t.3177 and 163.3178, Florida Statutes, and Chapter 9J-5, Florida Administrative Code, we have reviewed the above document to decide if data regarding historic resources have been given sufficient consideration in the request to amend the Boynton Beach Comprehensive Plan. We have reviewed one proposed Future Land Use Map amendment to consider the potential effects of this action on historic resources. While our cursory review suggests that the proposed change may have no adverse effects on historic resources, it is the city's responsibility to ensure that the proposed revision will not have an adverse effect on significant archaeological or historic resources in Boynton Beach. If you have any questions regarding our comments, please feel free to contact Susan M. Harp or Laura Kammerer of the Division's Compliance Review staffat (850) 245-621321. Sincerely, Janet Snyder Matthews, Ph.D., Director R.A. Gray Building · 500 South Bronough Street , Tallahassee, Florida 3D99-0250 · htip://www.flheritage.com CI Director's Office g Archaeological Research i~'Historic Preservation a Historical Museums (850) 245-6300 · FA.'(: 245-6435 (850) 245-6444 · FAX: 245-6436 (850) 245-6333 · FAX: 245-6437 I850) 245-6400 · FAX: 245-6433 g Palm Beach Regional Office g St. Augustine Regional Office r3 Tampa Regional Office (561) 279-1475 · FAX: 279-1476 (904) 8Z5.5045 * FAX: 825-5044 (813) 272-3843 · FAX: 272-2340 Department of Environmental Protection FLOSIDA ; :i Marjory Stoneman Douglas Building Jeb Bush 3900 Commonwealth Boulevard David B. Struhs Governor i ~)~)~L/~ Tallahassee. Florida 32399-3000 Secrea~ August 12, ~ ~. D. Ray Eub~s Bureau of Local Pla~ing Depmment of Co~uniW Affairs 2555 Shumard O~ Boulevmd Tall~assee, Florida 32399-2100 Re: Proposed ~endment to the CiW of Boston Beach Comprehensive Plm, DCA 02-1 Dear Mr. Eub~s: ~e Office of htergove~ental Pro.ams of the Depa~ment of Enviro~ental Protection h~ reviewed the above-referenced ~endment under the required provisions of Chapter 163, Pm II, Florida Statutes, ~d Chapters 955 md 9311, Florida Administrative Code. Our co~ents and reco~endations are provided to assist your agency in developing the state's response. Comments: Although the City's staffindicates that the increased residential density for this proposed ~endment will have inconsequential impacts on the CiW's inffas~cmre, there h~ been no analysis of potable water md smita~ w~te demands indicating that the Levels of Se~ice stmdards will be met. Please call me at (850) 487-2231 if you have my questions regarding tbs response. Sincerely, Robe~ W. Hall Office of ~tergove~ental Pro.ms ,i~1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road. West Palm Beach. Florida 3?,406 · (561) 686-$800 · FL WATS 1-800-432-2045 · TDD (561) 697-2574 Mailing Address: P.O Bo,. 24680, West Palm Beach. FL 32-416o,680 · ~ w~:sfwmd gov August 6, 2002 ~ Ray Eubanks, Planning Manager Plan Review and DRI Processing Team Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-21 O0 Subject: Proposed Amendment Comments City of Boynton Beach, DCA# 02-1 Dear Mr. Eubanks: The South Florida Water Management District staff has reviewed the subject document and we have no adverse comments. If you have any questions or require additional information, please call me at (561) 682-6779. Sincerely, Lead Planner Water Supply Planning & Development Division PKS/nk c: Michael Busha. TCRPC Ken Metcalf, DCA Michael Rumpf mWO-23-2082 ~5:50 P.~ TREASURE COAST REGIONAL PLANNING COUNCIL 301 EAST OCEAN BOULEVARD SUITE 300 STUART, FLORIDA 34994 PHONE: 772-221-4060 FAX: 772-221-4067 FAX TRANSMISSION Number of Pages (including cover shee0: ~ Operator: Comments: RL'G-2Z-2L2~2 L5: F:~ ~-' D RA.FT Snhjeet to modifications ! TR.EASU-RE COAST I~EGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGENDA ITEM From: Staff Date: September 20, 2002 Council Meeting Subject: Local Government Comprehensive Plan Review Draft Amendment to the City of Boymon Beach Comprehensive Plan DCA Reference No. 02- l .Introduction The Local Government Comprehensive planning and Land Development Regulatidn Act, Chapter 163, Florida Statutes, requires that Council review local government comprehensive plan amendments prior to their adoption. Under the provisions bf this law, the Department of Commumty Afl'a~rs (DCA) prepares an Obje~ctaons, Recommendations, and Corm-nents (ORC) Report on a proposed amendment ~nly if requested to do so by the local government, the regional planning council, an affected person or if an ORC Report is otherwise deemed necessary by the DCA. If th~ local govermnent requests the DCA to prepare an ORC Report, then Council must provide the DCA with its own objections, recommendations for modification, and comments~n the proposed amendment within 30 days of its receipt. I Background The City of Boyntou Beach is proposing oue Furore Land Use Map (~LUM) amendment The City has requested that the DCA prepare an ORC R~ort. to its comprehensive plan. Evaluation Future Land Use Map Amendment i. Amendment LUAR 02-002--This amendment is for approximately 32.2 acres l~cated east of Congress Avenue and west of 1-95 adjacent to the south City limits (see attached maps). The proposal is to rcdcsignate the property from [ndustr/al td High Density Residential for development of a 347-unit rental apartment comptex~ The site is presently vacant. The surrounding exist/ng land uses include industrial ilo the north, CSX Railroad, [-95 and industrial (County) to the east, waste water treatment facility (Delray Beach) to the south, and residential to the west of Congress A3enue. ~-2]-2~2 15:50 DRAFT Subject to modifications The surrounding FLUM designations include industrial to the north, Corer-unity Facihties-Public Building (Dekay Beach) to the south, Industrial (County) to ~e east, and Low Density Residential to the west. According to the City, the proposed land use amendment will not adversely impact the City's level of service t'or! public facilities. Future Land Use Element Policy 1.19.2 o£ the City's comprehensive plan prohibits conversion of industrial designated land on the current t:LUM unless the conversion would generate a range o£ employment choices £or the current and future residents of thc City, provide goods and services of regional importance, and retain regionaJ ~iscal ' and economic significance. Thc proposed amendment would convert lands c~rrently ' designated industrial to a use that would not generate employment beyohd the! temporary employment in the construction of the residential units. The conversion to ' residential would not provide goods and services of regional importance nos retain regional fiscal and economic significance. The 1999 "Cornmcrcial !Needs: Assessment" prepared by Palm Beach County projects that the City and sttrro,undmg a~:cas will have a deficit of industrial space. The deficit is based on compafiso~ of the year 2015 projected demand to the built and unbuilt supply. The proposed amendment would increase that deficit. Future Land Use Element Policy 1.19.4 encourages the development of industrial , land, industrial parks, or concentrated industrial areas in order to maximize nkag¢ between complementary industries. The established laud use pattern of industrial ' type uses east of Congress Avenue starts north o£ thc subject parcel and continues southward through the City of Dekay Beach to Yamato Koad in Boca Rotor. The proposed land use amendment would diminish the strong definition of the aria and would reduce the opportunity for linkages between the industrial uses in th~ area. While the proposed residential land use may bc compatible with the residential development west of Congress Avenue, the requested residc'ntial density wouldlnot be compatible. Extrajur/sdictioaal Impacts These amendments were reviewed through the Palm Beach Intergovernmental Plan Amendment Rev/ow Process. Notification was provided on May 30, 2002. According to the Clear/nghouse Coordinator, no objections were received regarding the prgposed a/Tlend_rflents. Effects on Signil~eant Regional Resources or Facilities Analysis o£ the proposed amendments indicates that the), would not have adverse effects on significant regional resources or ~acilities. Objections, Recommendations for Modification, and Comments A. Objections Subject to modhleatlons I. None B. Co~ts l. ~e proposed l~d use for ~[~ p~eel is not compa~ble wi~ ~e s~o~g lmd[ us~ ~at ~e ~d~. ~the Ci~ ~ detained ~at ~e is a ne~ f~r mo~ l~d to be desi~ated for ~side~fial ~e, ~t~adve sites suck [~ the'. redevelopment ~ea along US I ne~ ~e Ci~'s cen~l b~ess ~s~ct ~y be a~ be~er location. 2. ~e proposed residential use on the subject p~pe~ is inco~ist~t ~ Ci~ Furore L~d Use Eldest Policy 1.19.2 ~t pro~bi~ conv~ion of ~us~ desi~ated l~d on ~e e~t FL~ unless ~e conversion would g~ate a rmge of emplo~t choices for ~e c~ent ~d ~e ~sid~m of t~ CiW, provide goods md se~c~ o~ re~on~ ~ponmce, ~d retain ~o~ fis~ ~d ecoaomic si~fie~ce. ~so Fu~e L~d Use Element Policy 1.19.4 indus~al l~d, indus~al p~ks, or concen~a~ ind~ ~e~ in ord~ to m~imize ~age b~een eomp[emen~ indus~es. ~en~ioB Council ~ould ~opt D~mt~a~t of Commu~W ~f~. A~t TOTPL P. 04 DEPARTMENT OF DEVELOPMI XIII-UNFINISHED BUSINESS Planning & Zoning Division ITE~4A. Memorandum No. PZ 02-204 TO: Kurt Bressner City Manager FROM: Michael Rump?L;II7~ Director of Plarming & Zoning DATE: September 30, 2002 RE: Industrial Land Use Data and Policies Per your request, attached you will find the following items for the Pre-Agenda Meeting on September 30, 2002: 1. Comprehensive Plan Objectives and Policies relating to maintaining "Industrial" lands from both the original 1989 Boynton Beach Comprehensive Plan and as amended with the adoption for the Evaluation and Appraisal Report (EAR)-based amendments in 2000; 2. Methodology for determining the Supply and Demand for Industrial Land, adopted as Appendix C in the Future Land Use Element Support Documents for the 1989 Comprehensive Plan; and 3. Inventory of land designated for "Industrial" use in the City of Boynton Beach, compiled last week. Policy for Maintaining "Industrial" Lands The Comprehensive Plan policy to maintain the amount of land designated "Industrial" on the Future Land Use map is one of the implementation policies found under Objective 1.19. In the 1989 Comprehensive Plan, adopted by Ordinance 90-58 on December 18, 1990, the objective and relevant policy read as follows: Objective 1.19 By June 1990, allow a range of land uses for which the area, location, and intensity of these uses provide a full range of housing choices, commercial uses, employment opportunities, recreation and open space opportunities, and public uses for both existing and projected populations, provided that all other comprehensive plan policies are complied with. Policy 1.19.2 Subsequent to Plan adoption, allow for industrial acreage which can accommodate the approximate industrial employment which has been projected in the Future Land Use Element. In the round of amendments implementing the Evaluation and Appraisal Report (EAR), both the objective and policy were amended following recommendations of the EAR, to read as follows: Objective 1.19 By Jt:r.c !, 199~, The Cit~' shall evaluate and allow a range of land uses for which the area, location, and intensity of these uses provide a full range of housing choices, commercial uses to ultimately increase tax base, employment opportunities, recreation and open space opportunities, and public uses including school sites for both existing and projected populations, provided that all other comprehensive plan policies are complied with. Policy 1.19.2 £::~z:quant to Plan a~cpt~cn. The City shall provide continued effort to allow for industrial acreage which can accommodate the approximate industrial employment which has been projected in the Future Land Use Element. prohibit conversion of land desi,onated "industrial" on the currently adopted Future Land Use Map unless such conversion would generate a range employment choices tbr current and future residents, provide ~,oods and services of regional importance, and retain re~onal fiscal and economic sienificance. The EAR was adopted by Ordinance 97-09 on April 1, 1997 and the EAR-based Comprehensive Plan amendments were adopted by Ordinance 00-29 on June 20, 2000. The methodology utilized in determining the amount of Industrial land needed by the City is found in the Support Document for the Future Land Use Element, Appendix C. A copy is attached. APPENDIX C: SUPPLY AND DEMAND FOR INDUSTRIAL LAND Demand for Industrial Land The demand for industrial land in the Greater Boynton Beach Area is calculated as follows: (1) Year 2010 projections for employment in industries that are tYl~lcall found in industrial zoning districts were extracted from an economic stud that was prepared for the Palm Beach County Commission. Employment projections for both the "reference case" and the "high manufacturing scenario" were used. (2) Build-out employment in Palm Beach County for these same industries was found by multiplying the Year 2010 figures by the ratio of build-out Year 2010 population, using build-out population projections generated by the Palm Beach County Planning Department, and the Year 2010 population figures that were used in the economic study referred to in paragraph (1) above. (3) The build-out industrial employment for the Greater Boynton Beach Ar~ was found by multiplying the build-out employment figure by the proportio~ the build-out population of this area will comprise of the total bulld-ou population of Palm Beach County. (4) The build-out demand for industrial land in the Greater Boynton Beac? Area was found by multiplying build-out industrial employment by the average number of square feet per employee, multiplying by the inverse of the average floor/area ratio for industrial and warehouse buildings, and dividing by the number of square feet in I acre. The calculations for steps (1) through (4) are shown in detail below: Steps (1) and (2) Build-out population for Palm Beach County: 1,530,000 Source: Palm Beach County Planning Department, 1989. Year 2010 population, Reference Case: 1,260,200 Year 2010 population, High Manufacturing Scenario: 1,320,148 Ratio of build-out population to Year 2010 population for Reference Case: 1.214 Ratio of build-out population to year 2010 population for High Manufacturing Scenario: 1.159 1 Year 2010 population projections and employment projections for industry groups for the Year 2010 are taken from the Palm Beach County Economic Planning study, Part 2, Economic Impact Analysis, CH2M Hill, Inc., 1986. industrial ~mDlovment Manufacturing: Year 2010, Palm Beach County 63 527 x 1.214 = 77,116 Reference Case High Manufacturing Scenario 80 388 x 1.159 = 93,169 Construction Industry: Year 2010, Palm Beach County 29 465 x 1.214 = 35,767 Reference Case High Manufacturing Scenario 29,671 x 1.159 = 34,389 Transportation. Communications. and utilities Employment Year 2010, Palm Beach County .22 x 14,335 x 1.214 = 3,829 Reference Case High Manufacturing Scenario .22 x 14,763 x 1.159 = 3,764 The 0.22 figure represents the proportion of Trucking and Warehousing of the total employment in this category, based on 2/20/88 Florida Bureau of Labor Statistics Monthly Report on Employment, Hours, and Earnings for Florida. Business. Motor vehicle, and Repair Services EmDlovment Year 2010, Palm Beach County .24 x .5 x 144,967 x 1.214 = 21,117 Reference Case High Manufacturing Scenario .24 x .5 x 149,575 x 1.159 = 20,803 The 0.24 figure represents the 1988 statewide proportion that business, motor vehicle, and repair services comprise of the total employment for services, based on 2/20/88 Florida Bureau of Labor Statis.tics Monthly Report on Employment, Hours, and Earnings for Florida. The .5 multiplier represents the proportion of employment in these services that is assumed will occur in industrial as opposed to commercial zoning districts, since the actual proportion is unknown. 2 Wholesale Trade Emmlov~en~ Year 2010, Palm Beach County 2 x 184,305 x 1.214 , Reference Case ' = 44 745 High Manufacturing SCenario .2 x 186,749 x 1.159 = 43,289 The 0.2 represents 1988 statewide proportion that wholesale employment comprises of combined wholesale and retail trade, based on 2/20/88 Florida Bureau of Labor Statistics Monthly Report on Employment, Hours and Earnings for Florida. , TOTAL BUILD-OUT INDUSTRIAL EMPLOYMENT IN PALM BEACH COUNTY County Reference Case , = 182,574 TOTAL BUILD-OUT INDUSTRIAL EMPLOYMENT IN PALM BEACH COUNTY, High Manufacturing Scenario = 195,413 Step (3) Build-out population of greater Boynton Beach: (All areas bounded by MyPoluxo Road, Atlantic Ocean, Gulfstream Boulevard-L.W.D.D. L-30 Canal, and the Loxahatchee Wildlife Refuge): 197,333 Source: For City of Boynton Beach and unincorporated areas east of' L.W.D.D. E-3 Canal--Boynton Beach Planning Department and Plantec Corp, 1988; for unincorporated area between L.W.D.D. E-3 Canal and Loxahatchee Wildlife Refuge--Palm Beach County Planning Department, 1989; for Town of MyPoluxo--Tow71 of HYpoluxo Comprehensive Plan, 1988; for Tow~ of Ocean Rldge--Tow~ of Ocean Ridge Draft Comprehensive Plan, 1988; for Town of Briney Breezes--u.s. Census, 1980. Build-out population for Palm Beach County 1,530,000 Proportion that build-out population of Greater Boynton Beach Area will comprise of the build-out population of Palm Beach County = 197,333/1,530,000 = 0.129 INDUSTRIAL EMPLOYMENT IN GREATER BOYNTON BEACH AREA, REFERENCE CASE: 0.129 X 182,574 = 23,552 employees INDUSTRIAL EMPLOYMENT IN GREATER BOYNTON BEACM AREA, HIGM MANUFACTURING SCENARIO: 3 O.129 X 195,413 = 25,208 employees step (4) The figure which is used by Metropolitan planning Organization of Palm Beach County for making employment projections is 482 square feet per employee for industrial land uses. source: west palm Beach Urban study Area, Zonal Production Data Report, Metropolitan Planning Organization of Palm Beach County, 1985. The average floor/area ratio for industrial and warehouse projects approve¢ and built in Boynton Beach between January 1, 1980 and December 31, 1986 is 0.38.* * The Motorola plant was not included in the calculation of this figure, since only phase I of this project has been completed to date. source: Boynton Beach Planning Department, 1987. DEMAND FOR INDUSTRIAL LAND IN GREATER BOYNTON BEAC~ AREA, REFERENCE CASE: 23,552 X 482 X 1/.38 = 29,873,853 square feet 29,873,853/43,560 = 685.8 acres ~ DEMAND FOR INDUSTRIAL LAND IN GREATER BOYNTON BEAC~ AREA, HIGH MANUFACTURING SCENARIO: 25,208 x 482 x 1/.38 = 31,974,358 square feet 31,974,358/43,560 = 734.0 acres ~upolv of Industrial Land Ail figures for the supply of industrial land are for net acres. The base figure for estimating the build-out supply of industrial land in the Greater Boynton Beach Area is all M-1 (Light Industrial) zoned property, plus PID (Planned Industrial Development) zoned property, except that for Quantum corporate Park, only the area show~ on the master plan ',Industrial" and "Research and Development Industrial" was used. M-1 zoned property, as of April 1, 1987: 310.68 acres PIP zoned property, as of April 1, 1987, excluding Quantum Corporate Park 150.15 acres Quantum Corporate park--area shown on master plan for "Industrial" and "Research and Development Industrial',: 199.10 acres BASE FIGURE, SUPPLY OF INDUSTRIAL LAND 659.93 acres TOTAL ACREAGE ADDED TO BASE FIGURE 103.02 acres TOTAL ACREAGE SUBTP, ACTED FROM BASE FIGURE 17.84 acres SUPPLY OF INDUSTRIAL LAND IN CITY OF BOYNTON BEACH (CURRENT CITY LIMITS): 687.57 acres SUPPLY OF INDUSTRIAL LAND IN AREAS TO 40.94 acres BE ANNEXED BY CITY OF BOYNTON BEACH: SUPPLY OF INDUSTRIAL LAND IN TOWN OF HYPOLUXO: 16.60 acres TOTAL SUPPLY OF INDUSTRIAL LAND, IN GREATER BOYNTON BEACH AREA: 745.11 acres Analysis of SuPPlY and Demand for Industrial Land The projected supply of industrial land--745 acres, falls close to the hi manufacturing scenario estimate for industrial land--734.0 acres, and exceeds the reference case estimate for demand for industrial land--686 acres, by 59 acres. The only other adjustment to the supply of industria land would be for the Motorola plant, which, at build-out, will have a lo- floor/area ratio--0.21, compared to the average of 0.38 for the entire city. The Motorola plant was not included in the computation of average floor/area ratio, since only the first phase has been completed. Because of its relatively low floor/area ratio, the Motorola plant will absorb 38 acres more than that which could be expected for 825,000 square feet of industrial floor space. As a result, it is possible that under the high manufacturing scenario, the demand for industrial land would exceed the supply available in the City by approximately 27.5 acres. Currently, there is no land west of Lawrence Road which is either zoned f_ industrial use, or that is designated in the Palm Beach County Comprehensive Plan for potential industrial development. Furthermore, th Palm Beach County Comprehensive Plan proposes that all areas west of the Florida Turnpike be reserved for agricultural use. Since all industrial development in the Greater Boynton Beach Area could take place only in th City of Boynton Beach, all of the pro3ected demand for industrial land has been allotted to the City of Boynton Beach, and those areas lying eas of Lawrence Road which will be annexed by the City within the next 10 years. The only industrial land which would be outside of the City or areas to be annexed by the City is the 16.6 acres of projected industrial land in the Tow~ of Mypoluxo, and this acreage has been included in figure, for supply of industrial land. Existing patterns of parcelization may largely preclude future establishment of large manufacturing plants. The lack of sites for la. manufacturing plants should be of concern to the city, if the City seek~ additional major employers. Only 78 acres of the 745 acre supply of industrial land are on parcels which have an area of 20 acres or more. There are two such parcels, both of which are located in the vicinity of High Ridge Road and Miner Road. The 52-acre parcel, located near the southwest corner of this intersection may be significantly constrained by the presence of native habitat on the site. Due to the limited availability of sites, large manufacturing plants occupying 20 or more acres would most probably need to be located either on the 104-acre parcel at the northeast corner of Congress Avenue and Old Boynton Road (south of the Motorola plant), or in the unincorporated area west of Lawrence Road. It is likely that roadway capacity would be a major constraint to development of the property at Congress Avenue and old Boynton Road for a manufacturing plant. Roads in the vicinity are projected to be operating at or below Level of Service C/D, assuming the current land use designatior for this property (residential, 7.26 units per acre), and for other properties in the vicinity. Rezoning and development of all or part of this parcel for manufacturing use would need to be contingent upon acquisition of additional right-of-way, and construction of toad improvements to maintain Level of Service C/D. As an alternative, the developer or the City could seek designation of the property and surrounding area as a "Regional Activity Center", and obtain approval of the project, together with other property in the vicinity, as an Areawide Development of Regional Impact. Designation as a Regional Activity would allow for a lower level of service than C/D. The most suitable location for industrial land outside of the city probabl~ be at the southwest intersection of Florida's Turnpike and Boynton Beach Boulevard. Approximately 115 acres of land are located at this intersection, immediately north of the Palm Beach County System 5 sewage treatment plant. The existence of a sewage treatment plant at this location may lessen its desirablity for residential uses. Few other areas west of Lawrence Road would be suitable for industrial development, due to access problems and problems with land use compatibility. Most of the lan~ west of Lawrence Road, however, lies above a shallow aquifer known as the "Turnpike Aquifer" which is expected to be a major source of potable water for Palm Beach County. DeYelopment of an industrial park at Boynton Beach Boulevard and the turnpike would need to be contingent upon reg~lation of design and use of the park so as to prevent groundwater contamination, and allow for adequate recharge of the aquifer. (~UANTUM *rNDUSTR,TAL PARCELS o u ~ ~ 4.05 Industrial DO Bocar Prop. 1 ? 3.34 Office/Industrial 1E 2.34 Office/Industrial 1~ 1.85 Office Industrial Premier 21 1.66 Office/Industrial 5E 3.02 Office/Industrial Publix 57 5.80 Office/Industrial Publix 73~ 3.24 Office/Industrial 73E 1.34 Office/Industrial 74 2.71 Office/Industrial 75 3.02 Office/Industrial 76 3.00 Office/Industrial/Commercial 81 4.16 Office/Industrial/Commercial Gateway Crossings 82 5.86 Office/Industrial/Commercial Gateway Crossings 91 6.53 Office/Industrial/Commercial EX Frozen Ponds 51.92 , -~ ~ : ~ .-~ VACANT ZNDUSTRZAL PARCELS PCN crY LEGAL1 LEGAL2 USE CODE ACRES 08434516000003090 38 16-45-43, NW 1/4 4000 1.59 08434517000010010 38 17-45-43~ E 40 FI 4000 10.40 08434517000001010 38 17-45-43~ GOV LOT 4000 23.27 08434520200000050 38 BOYNTON BE LOT 5 4000 1.44 08434520200000040 38 BOYNTON BE LOT 4 4000 1.44 08434520200000030 38 BOYNTON BE LOT 3 4000 1.44 08434520170000230 38 BOYNTON IN 4000 0.18 08434520020010011 38 BOYNTON IN 4000 0.19 08434520020010031 38 BOYNTON IN 4000 0.67 08434520170000280 ]8 BOYNTON IN 4000 0.19 08434528120130110 ]8 BOWERS PAR 4000 0.32 08434532140030020 38 BOYNTON CO PAR 3-H 4000 8.24 08434605090000011 38 LAWSON IND 4000 0.80 08434605090000012 ]8 LAWSON IND 4000 2.70 08434605000007022 ]8 5-46-43, S 1/4 OF S 4000 0.97 ~434605000003030 3 5-46-43 4000 15.94 08434605000007011 ]8 5-46-43~ LYG W OF 4000 30.57 08434605000007011 38 5-46-43, LYG W OF 4000 1.54 101.89 Industrial Land Use Inventory The Support Document for the Future Land Use Element showed a total of 774.75 acres of land designated "industrial" in 1987. Of that, 247.56 acres was developed. The comparison included in the EAR report indicated that 58.5 acres had been developed over the 8-year period between the analysis for the 1989 Comprehensive Plan and the 1996 EAR, leaving a total of 438.69 acres undeveloped. Since adoption of the Comprehensive Plan in 1990, there has been a decrease of 5.89 acres in the gross acreage designated for Industrial uses. Tlfis decrease occurred in [999 when land use was amended for the Lowe's project on Woolbright Road. In that instance, the conversion met the Plan requirements of generating employment choices. This amendment reduced the total amount of land designated Industrial to 769.86 acres. The Quantum Park PID/DRI is shown on the Future Land Use Map as "Industrial"; however, in the Support Document, acreages within Quantum were distributed according to use options shown on the master site development plan. The distribution is as follows: Industrial, Research and Development 199.10 ac. (p. 42, Support Documents) Office 145.60 ac. (p. 36) Commercial 29.70 ac. (p. 37) Note that uses were changed within the park through the NOI process, but not recorded as land use amendments. Utilizing the Master Site Development Plan for Quantum, it has been determined that, at present, a total of 185.61 acres of the park either have been developed for industrial uses or have a designation on them that would allow industrial development. (Industrial, Office/Industrial, or Office/Industrial/Commercial). Of that total, only 51.92 acres remains without a valid development order (see attachment). In order to determine the amount of vacant and developable Industrial land remaining in the City (outside the limits of the Quantum DRI), the Palm Beach County Tax Assessor's data was used. Any property with known valid development approvals was removed. The total is 101.89 acres. Parcel sizes range from less than 0.2 acre to approximately 32 acres. Only six of the parcels contain more than 2 acres. Coupled with the available land in Quantum, the remaining undeveloped Industrial land in the city is 33 parcels totaling 153.81 acres. * *An application for site plan approval has been submitted for five of the remaining parcels in Quantum totaling 13.31 acres. Approval of a development order for this application will reduce the amount of uncommitted Industrial acreage to 140.5 acres.