Agenda 02-21-06
The City of
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100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
February 21, 2006
Jerry Taylor
Mayor - At Large
Kurt Bressner
City Manager
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Bob Ensler
Commissioner - District I
Mack McCray
Commissioner - District II
Mike Ferguson
Commissioner - District III
Carl McKoy
Vice Mayor - District IV
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James Cherof
City Attorney
DISTRI T I
Janet M. Prainito
City Clerk
www.boynton-beach.org
We're Reinventing City Living for
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBUC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
. Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
. Regular 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.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item.
City Commission meetings are business meetings and, as such, the Commission retains the right to limit
discussion on an issue.
. 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.
. Regular 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.
.
ADDRESSING THE COMMISSION:
When addressing the Commission, 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 BOYNTON BEACH
REGULAR CrTY COMMISSION MEETING
AGENDA
February 21, 2006
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Reverend Randall Gill - 1st Presbyterian Church
C. Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
1. Letter from Gov. Jeb Bush supporting the Education Network of Palm
Beach County to be selected as a Confucius Institute -- Commissioner
Ensler.
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS:
A. Announcements:
1. March 7, 2006 City Commission meeting has been cancelled and
rescheduled for February 28, 2006 commencing at 7 p.m. in Chambers.
B. Community and Special Events:
1. Heritage Fest -- The Boynton Beach CRA, the City of Boynton Beach
and the Palm Beach Post present the first in a three-part series of Art
and Jazz concerts on the Avenue on Sunday, Feb. 26, from 1-6 p.m., in
the 100 block of E. Ocean Ave. This concert, in recognition of Heritage
Fest, will close out Black History Month with Son of Man, soul jazz;
Orchestra Nostalgia, Latin jazz; and Nestor Torres, jazz quartet. There
will also be local artists, children's activities at the Schoolhouse Children's
Museum and food and beverages. Complimentary parking and trolley
service available from Bank of America at Ocean and Federal.
Agenda
Regular City Commission Meeting
Boynton Beach, FL
February 21, 2006
C. Presentations:
1. Proclamations:
None.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3-minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
V. ADMINISTRATIVE:
A. Appointment of Angelina Milano, Larry Goldgeier, Marvin Liebensohn, Jerry Jones,
Wilbur Jean Sims, Bill Andrea, Marilyn Nemes, Rear Admiral Thomas E. Morris
and Retired General Albin Irzyk and Hilda Girtman Pitts as honorary members of
the Veterans Advisory Board.
B. Appointments to be made:
Appointment Length of Term
To Be Made Board Exoiration Date
IV McKoy Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 Tabled (3)
Mayor Taylor Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 Tabled (3)
I Ensler Adv. Bd. On Children & Youth Reg 1 yr term to 4/06
II McCray Adv. Bd. On Children & Youth Reg 1 yr term to 4/07
Mayor Taylor Cemetery Board Alt 1 yr term to 4/06 Tabled (3)
Mayor Taylor Code Compliance Board Alt 1 yr term to 4/06 Tabled (3)
I Ensler Code Compliance Board Alt 1 yr term to 4/06
Mayor Taylor Education Advisory Board Alt 1 yr term to 4/06 Tabled (3)
I Ensler Education Advisory Board Reg 2 yr term to 4/07
II McCray Education Advisory Board Reg 2 yr term to 4/06
III Ferguson Library Board Alt 1 yr term to 4/06 Tabled (3)
Mayor Taylor Employees' Pension Board Reg 3 yr term to 4/08
VI. 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.
2
Agenda
Regular City Commission Meeting
Boynton Beach, FL
February 21, 2006
A. Minutes:
1. Agenda Preview Conference - February 3, 2006
2. Regular Commission Meeting - February 7, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2005-2006 Adopted Budget.
1. Approve a piggyback of the NORTHERN PALM BEACH COUNTY
IMPROVEMENT DISTRICT (NPBCID) PROJECT #1250 to Shenandoah
Construction of Pompano Beach, Florida for Wet Well Maintenance to
Master Lift Station #309 & 356 for an expenditure of $140,300.00.
2. Approve a piggyback of Palm Beach County Bid #05-074MP to Contract
Connection, Inc. of Jacksonville Beach, FL in the amount of $33,174.20
to purchase playground equipment for Forest Hill Park.
C. Resolutions:
1. Proposed Resolution No. R06-042 RE: Approving and
authorizing execution of an Amendment No. 1 to Task order No. 3 for
Brown and Caldwell, for the purposes of exploring water supply options
and meeting with regulatory agencies regarding modification of the
Water Use Permit (Task Order No. U05-03-03) for a cost of $74,200.
2. Proposed Resolution No. R06-047 RE: Approving
terms and conditions set forth in EMS Grant award (C-5050) as approved
by the Palm Beach County Division of Emergency Medical Services for an
All Terrain Ambulance vehicle with a full ambulance package for use by
Ocean Rescue personnel for $17,829.00. The grant award pays for
100% of the funding.
3. Proposed Resolution No. R06-048 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Kenneth Begnoche & Laura Begnoche for the property at
1166 Alto Road, Lake Worth, FL . (Ridge Grove Add No 1 LTS 300 & 301)
4. Proposed Resolution No. R06-049 RE: Approving and
authorizing City administration to pursue all necessary steps in obtaining
approvals and authorizations necessary to implement the desire and
intent to memorialize that portion of I-95 within City Limits as "POW/MIA
Memorial Highway".
5. Proposed Resolution No. R06-0S0 RE: Approving and
authorizing the negotiated rates of compensation for services with each
of the nineteen (19) final, acceptable, qualified firms that responded to
the Request for Qualifications (RFQ) #065-2821-03/0D, "Two Year
3
Agenda
Regular City Commission Meeting
Boynton Beach, FL
February 21, 2006
Contract for General Consulting and Engineering Services for the City of
Boynton Beach".
6. Proposed Resolution No. R06-051 RE: Approving a
Special Warranty Deed conveying title to Thomas Pearson for Lot 167,
Block B, the Plat of Boynton Hills, as recorded in Plat Book 4, Page 51,
according the Public Records of Palm Beach County, FL.
7. Proposed Resolution No. R06-052 RE: Approving and
authorizing execution of the agreement between Palm Beach County and
the City to provide funding to offset the cost of competition expenses for
participants in the Recreation and Parks All-Star Cheerleading Program.
The funding, in the amount of $2,500, is made available from the
County's Recreation Assistance Program (RAP) District 7.
8. Proposed Resolution No. R06-053 RE: Approving and
authorizing execution of an agreement for technical support between the
City of Boynton Beach and the Community Redevelopment Agency
(CRA). The City shall be paid the sum of $18,000 for the first year,
$18,540 for the second year and $19,096.00 for the third year.
D. Ratification of Planning & Development Board Action:
1. Bellamy Heights (ZNCV 06-001) Request for relief from the Land
Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a
minimum lot frontage of 60 feet to allow a minimum lot frontage of 57
feet (a variance of 3 feet), and requiring a minimum lot area of 7,500
square feet to allow a minimum lot area of approximately 6,850 square
feet (a variance pf 650 square feet) for a proposed single-family
residence within the R-1-A Single-Family zoning district.
2. St. Johns Armenian Church (SPTE 05-006) (fka St. Gregory
Armenian Church) Request for a second (1) one year time extension of
the site plan approval granted on September 2, 2003, from September 2,
2005 to September 2, 2006.
E. Ratification of CRA Action:
None
F. Approve the purchase from SRT Supplies Inc. of two (2) rifles for the SWAT team
at a cost of $5,317.00. The purchase is from the Federal Forfeiture Fund.
G. Return cash bond of $3,335.00 to Chick-fiI-A for the project known as Chick-fil-A.
H. Approve a partial release of surety for the project known as the Watershed (Lots
48 A, B & C - Quantum Park) in the amount of $71,408.00 and refund this
amount to the project developer.
4
Agenda
Regular City Commission Meeting
Boynton Beach, FL
February 21, 2006
1. Accept the written report to Commission of purchases over $10,000 for the
month of January 2006.
J. Return cash bond of $29,700.00 to Hunters Run for the project known as Hunters
Run (Lodge/Card Room).
K. Approve the "SURPLUS COMPUTER LIST" as submitted by the Warehouse and
allow for the disposal of same.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
THE CITY COMMISSION WILL CONDUCT THESE PUBUC HEARINGS IN rrs DUAL CAPACITY AS LOCAL
PLANNING AGENCY AND CITY COMMISSION
A.
Project:
Agent:
Owner:
Location:
Description:
B.
Project:
Agent:
Owner:
Location:
Descri ption:
c.
Project:
Agent:
Owner:
Location:
Description:
Rapido Rabbit Carwash (COUS 05-004)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Boynton Properties, LLC, Anthony Pugliese III
East side of Congress Ave; approx. 275 feet north of SW 30th Ave.
Request for Conditional Use and Site Plan approval for a 4.595
square foot automated car wash facility and related site
improvements on a 0.88 acre site zoned M-1, Industrial. (Tabled
to 2/21/06)
Southern Dance Studio (ANEX 06-006)
Bradley Miller, Miller Land Planning Consultants
Southern Dance Theatre, Inc.
East side of Knuth Road, Approximately 495 feet south of Old
Boynton Road (1203 Knuth Road)
Request to annex subject property. (1st reading of Proposed
Ordinance No. 06-016)
Southern Dance Studio (LUAR 06-006)
Bradley Miller, Miller Land Planning Consultants
Southern Dance Theatre, Inc.
East side of Knuth Road, approximately 495 feet south of Old
Boynton road (1203 Knuth Road)
Request to amend the Comprehensive Plan Future Land Use Map
from Commercial High Intensity (CH/8) (Palm Beach County) to
Local Retail Commercial (LRC) (1st reading of Proposed
Ordinance No. 06-017)
Request to rezone from Agricultural Residential (AR, Palm Beach
County) to Community Commercial (C-3) (1st reading of
Proposed Ordinance No. 06-018)
5
Agenda
Regular City Commission Meeting
Boynton Beach, FL
February 21, 2006
Proposed Use: Recreational instruction and commercial/retail, totaling 10,000
square feet.
a. Southern Dance Studio (NWSP 06-001) Request Site plan approval
to construct a one story building totaling 10,000 square feet for a dance
studio and retail use, and related site improvements on 0.92 acres zoned
C-3.
Renaissance Commons Phase VI (COUS 06-001)
Carl Klepper, Compson Associates, Inc.
Compson Associates of Boynton II, LLC
Southeast corner of Congress Avenue and Gateway Boulevard
Request conditional use/major site plan modification approval to
change 104,412 square feet to self storage use, converting in
part, a portion of the previously approved office space within the
Renaissance Commons project, which is zoned Suburban Mixed
use (SMU).
IX. CITY MANAGER'S REPORT:
D.
Project:
Agent:
Owner:
Location:
Descri ption:
A. Review and select evaluation instrument for City Manager's Evaluation
x. FUTURE AGENDA ITEMS:
A. Report on City's potential help and other governmental entities for "at-risk"
citizens during declared emergencies -2/28/06
A. 2005 Hurricane After-action Report and Recommendations - 2/28/06
B. Capital Improvement Budget Review - 2/28/06
C. Report from the Pension Consultant - 2/28/2006
D. Amend the Parks Dedication Code ordinance to modify the review time line -
March 2006
E. Regulations on Improper Weapons Use - March 2006
F. Update on City's position on minority contracts - 3/21/06
1. Ordinance on Adult Entertainment -3/21/06
J. Requirement for underground utility lines for all new development - April 2006
K. Future location options for City Hall - April 2006
L. Cellular 911 Dispatch - May 2006
6
Agenda
Regular City Commission Meeting
Boynton Beach, FL
February 21, 2006
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 06-014 RE: Amending the
Land Development Regulations of the City of Boynton Beach, revising
Chapter 4, "Site Plans" Section 5 to provide for right of the City
Commission to require modifications to an approved site plan when a
request for extension has been requested.
2. Proposed Ordinance No. 06-015 RE: Amending
Section 9-24(a) of the Code of Ordinances concerning fire fighter air
systems in high rise buildings; limiting application of regulations to
buildings higher than seventy-five (75) feet.
B. Ordinance - 1st Reading
None
C. Resolutions:
None
D. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION 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 SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENlY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
AGENDA 2/17/20064:38 PM
S:\CC\ WP\CCAGENDA \AGENDASW ear 2006\0221 06.doc
7
tI. OTHER
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 6, 2005 November 14,2005 (Noon.) D February 7, 2006 January 17,2006 (Noon)
D December 20, 2005 December 5, 2005 (Noon) [8] February 21, 2006 February 6, 2006 (Noon)
D January 3, 2006 December 19,2005 (Noon) D March 7, 2006 February 21, 2006 (Noon)
D January 17, 2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
[8] Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Commissioner Ensler to discuss letter from Governor Jeb Bush concerning his support for the
Education Network of Palm Beach County to be selected as a Confucius Institute.
EXPLANATION:
PROGRAM IMPACT:
FISCAL IMPACT:
Department Head's Signature
~
City Manager's Signature
ALTERNATIVES:
Department Name
City Attorney I Finance I Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
STATE OF FLORIDA
<!&ffice of tbe ~olJernor
JEB BUSH
GOVERNOR
THE CAPITOL
TALLAHASSEE, FLORIDA 32399-0001
www.flgov.com
850-488-7146
850-487-0801 fax
February 3, 2006
Consul Weiping Zha
Education Office
Consulate General of the People's Republic
Of China in Houston
811 Holman Street
Houston, Texas 77002 f
Dear Consul Zha:
One of my first priorities as Governor was to create a world-class educational system in
Florida. We must prepare our students for today's global village. To accomplish this,
our policy is to insure that all children are provided with the opportunity for a well-
rounded education, including learning foreign languages.
To help with this diversified training, the School District of Palm Beach County
established a foreign language learning center in Boynton Beach. The initial program is
for the study of Chinese. This program is so successful in the district, it is being
expanded throughout the State of Florida. In the near future, the school district, through
the Educational Network, is planning to teach Chinese nationally. I applaud the
Educational Network for their efforts to make the study of Chinese available throughout
our country.
Combing the efforts of the Confucius Institute with those of the Educational Network
will foster the exchange of cultural and educational opportunities between our two great
countries.
I support this endeavor and would be greatly honored if you were to select the Education
Network of Palm Beach County as a Confucius Institute.
o
Go Governor's Mentot ing Initiative
r:.. BE A MENTOR. BE A BIG HELP.
, .t\~ 1-800-825-3786
V. ADMINISTRATIVE
ITEM A.
COMMISSION MEMBERS OCTOBER 19,2005
.........................................
MORRIS BORUCK J.W.V.
GREGORY EMORY
TOM KAISER AMERICAN LEGION
WILLIAMKOLL D.A.V.
LES MCKINZIE K.W.V.
KARL WASHINGTON AMERICAN LEGION
BOB ZIMMERMANN V.F.W.
ALTERNA TES
.............
DAVID BUCKNER AMERICAN LEGION'
STAN GAVELIK K.W.V.
JOHN MOTI SEABEE VETERANS U.S.A.
SWART PRESTON V.F.W.
HONORARY MEMBERS
......................
ANGELINA MILANO, GOLD STAR MOTHERS
LARRY GOLDGEIER D.A.V.
MARVIN LIEBENSOHN J.W.V.
JERRY JONES EASTERN PAR, VETS
WILBUR JEAN SIMS A.M LEGION AUX
BILL ANDREA.. U.S. SUB VETS INC.
MARILYN NEMES AM LEGION AUX
REAR ADM. THOMAS E. MORRIS U.S., BATILE MONUMENTS COMM.
GENERAL ALBIN IRZYK, RET.
-1 Q [ I j /. ,g IS Ie, L e:;
/-hUlA. GIR'17V\A--N PITTS - 00W STA-R MrrTItbR
V. ADMINISTRATIVE
ITEM B.
APPLICANTS ELIGIBLE FOR APPOINTMENT 02/21/06
LAST NAME FIRST 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION
NAME SUBMITTED
Allard John Recreation and 9/13/05
Parks Bd.
Barnes Matthew Community Planning and 7/27/05
Redev. Agency Develooment Bd
Fitzpatrick Michael Planning & 2/25/05
Development
Board
Hay Woodrow Community 1/3/06
Redevelopment
AQency
Lender Wayne Community 1/28/05
Redevelopment
AQency
Rodriguez Jose Community 9/30/05
Redevelopment
AQency
APPLICANTS FOR VETERANS ADVISORY COMMISSION:
(There are two non-residents permitted by Ordinance; One (1) in a Regular position and
one (1) in an Alternate Position. Those position are currently filled.)
* Andrea William Veterans 9/19/05
Commission
*Goldgeier Larry Veterans 9/16/05
Commission
*Jones Jerry Veterans 9/19/05
(Gerald) Commission
Krabill Thomas Veterans 12/10/05
Commission
*Leibensohn Marvin Veterans 9/16/05
Commission
**Milano Angelina Veterans 9/19/05
Commission
* Marilyn Veterans 9/19/05
** Nemes Commission
**Sims Wilbur Veterans 9/22/05
Jean Commission
. * Non resident
. **May Serve Only as an Honorary Member
JAP
2/15/20063:47 PM
S:\CC\WP\BOARDS\APPMENTS\Board Year 2005\APPLlCANTS ELIGIBLE FOR APPT 02 07 06.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM B.l
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
D December 6, 2005 November 14,2005 (Noon.) D February 7,2006 January 17, 2006 (Noon)
D December 20, 2005 December 5, 2005 (Noon) ~ February 21, 2006 February 6,2006 (Noon)
D January 3, 2006 December 19, 2005 (Noon) D March 7, 2006 February 21,2006 (Noon)
D January 17,2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon)
D Administrative D Development Plans
NATURE OF ~ Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: A motion to approve a "piggy-back" of the NORTHERN PALM BEACH COUNTY
IMPROVEMENT DISTRICT (NPBCID) PROJECT #1250 to Shenandoah Construction of Pompano Beach, Florida
for Wet Well Maintenance to Master Lift Station #309, & 356 for an expenditure of $140,300.00
EXPLANATION: Master Lift station #309 is located on Seacrest Blvd and Master Lift Station #356 is located at the
end of Boynton Beach Blvd. These two (2) stations are two (2) of the six (6) major lift stations in the City's
wastewater collection system. These stations have experienced pump problems. Master lift station #309 has
premature impeller damage as a result of pumping sand and dirt which has worn the impeller vanes. , Tile, ~t
cleaning at each of these stations will be the start of a cleaning maintenance program. , _,
.."
[-"1 _,__, j
PROGRAM IMP ACT: The lift stations require continual repairs and maintenance by outside contractorsr-J:fhe st~e
of work will include plugging of the collection manhole directly outside the wet well and bypassing the ~t stat;i~.
While on bypass, a crew from Shenandoah will clean out the wet well, removing all of the sand and debris: Thiswill
allow for proper storage of wastewater in the well and also eliminate above normal amounts of sand being3>ump~,
which cause premature pump failure or damage. Also included in this project will be the inspection of t..e"~et~etl.
I, ..' ~ ."'''~_'
Once cleaned, we will be looking for any significant damage to the condition of the concrete walls. -; ;-=~ ~~~
C"J <:"-)~
-8 ""l~J
FISCAL IMP ACT:
ACCOUNT#:
401-2816-536-46-51
~~
Ass stant to the Finance Director
Procurement Services
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Barb Conboy - Utilities Manager of Administration
File
MEMORANDUM
Utilities #06-020
RECEIVED
FEB 0 1 2006
To:
Mary Munro
Asst. to Finance Director
PROC~T SERVICES
From:
Kofi Boateng v'i\'~
Utilities Director4.Jrt
.( ('
~1-~~-
Date:
January 31, 2006
Subject:
"Piggy-Back" Shenandoah Construction contract w/ Northern Palm Beach
County Improvement District (NPBCID) Project No. #1250
The Utilities Department would like authorization to "Piggy-Back" the NPBCID contract
with Shenandoah Construction for wet well maintenance to Master Lift Station #309 and
#356. Master Lift Station #309 is located on Seacrest Blvd. and Master Lift Station #356 is
located at the end of Boynton Beach Blvd. These two (2) stations are two (2) of the six (6)
major lift stations in the City's wastewater collection system. These stations have
experienced pump problems. For example, Master Station #309 has premature impeller
damage as a result of pumping sand and dirt which has worn the impeller vanes. It is not
uncommon for sand and dirt to enter the collection system through infiltration and inflow.
The wet well cleaning at each of these stations will be the start of a cleaning maintenance
program.
The scope of work will include plugging of the collection manhole directly outside the wet
well and bypassing the lift station. While on bypass, crews from Shenandoah will clean out
the wet well, removing all of the sand and debris. This will allow for proper storage of
wastewater in the well and also eliminate above normal amounts of sand being pumped,
which cause premature pump failure or damage.
Also included in this project will be the inspection of the wet well. Once cleaned, we will
be looking for any significant damage to the condition of the concrete walls. A report,
including pictures, from Globaltech will be provided at the end of the project.
The cleaning project will cost $136,050.00 and wet well inspections will cost $4,250.00.
This is an unbudgeted operating expense to be funded from the operating budget account
#401-2816-536-46-51 in the amount of$140,300.00 for the total project.
Please present this at the next City Commission meeting for their approval. If you have any
questions I can be reached at ext. 6401 or Tony Lombardi at ext. 6421.
cc: Pete Mazzella
Barb Conboy
Tony Lombardi
Jim Hart
ISHENA~~S~U~'~ I
1888 N.W. 22ND Street
Pompano Beach, FL 33069
(954) 975-0098 Fax: (954) 975-9718
Modified: 1/20/05 in blue font
PROPOSAL #7232
DATE:
SUBMITTED TO:
STREET:
CITY , STATE & ZIP:
PHONE:
FAX:
JOB LOCATION:
ATTENTION:
01/16/2006
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL. 33435
561-742-6421
561-742-6298
LS 309 & 356
Tony Lombardi
We propose to provide services, for cleaning Lift station's #309 and #356. Scope of work is as follows: -
I) Provide and set-up two bypass pumps for duration of work LS #309. Three bypass pumps for LS
#356. (We will monitor pumps to assure three pumps are adequate.)
2) Provide and install one air plug into gravity main.
3) Provide pump watch at peak hours as requested. (Mon through Fri 8:00 PM to 12:00 AM, Sat &
Sun 8 hours at peak times)
4) Provide crew and all necessary equipment to clean and remove debris from lift stations.
Estimated time to complete above work: 4 weeks.
We currently hold the North Palm Beach County Improvement District contract project # 1250. We can
offer the City of Boynton Beach to piggyback this contract for the above work.
Item # 82-Construction Forman
Item # 83-Laborer
Item # 2-Bypass pumping
Item #91-100 CFM A/Compressor for Venting Lift station
Item #96 Hydraulic Crane
~
250 hrs @ $50.00 per hr = $12,500.00
750 hrs @ $35.00 rkr hr = $26,250.00
1,860 hrs @ $50.901>er hr = $93,000.00
250 hrs @ $IO.OO~ hr = $2,500.00
36 hrs @ $50.06 per hr = $1800.00
Estimated cost: $136,050.00
Note: Disposal of materials to be set up for disposal at regional facility by the City of Boynton Beach or
dump charge will reflect as extra labor hours i.e. 6.5 hrs per dump. Electrical connections to lift station's to
be installed by city of Boynton Beach.
This proposal may be withdrawn ifnot accepted within 30 days. Payment terms net 30 days.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner
according to standard practices. Price above is only an estimate of foreseen conditions. Unforeseen
conditions can affect the amount of time to complete the work, therefore increasing or decreasing estimate.
All agreements are contingent upon strikes, accidents or delays beyond our control. Owner is to carry fire,
tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation
Insurance.
SIGNA TURE:
!])wight i])avis
SHENANDOAH GENERAL CONSTRUCTION TITLE
Dwight Davis Project Estimator
DATE
01/13/2006
ACCEPTANCE OF PROPOSAL / SIGN & RETURN
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified.
SIGNA TURE:
COMPANY NAME:
REPRESENTATIVE:
DATE:
TITLE:
Globaltech, Inc.
Task Order No. U04-08-05
Engineering Services for the Wet Wells at Lift Station 309 and 356
A. Background
The City of Boynton Beach (CITY) is in the process of performing maintenance in the wet wells
at Master Lift Stations 309 and 356. During this work, the lift station will be under bypass
pumping conditions. The CITY would like to evaluate the wet well coating/liner condition to
determine whether the liner needs to be rehabilitated or replaced, as well as a determination of the
urgency of the repair work.
The CITY has requested that Globaltech, Inc (CONSULTANT) provide engineering services to
evaluate the wet well coating and make a recommendation on additional work required for the
wet well.
B. Scope of Services
The CONSULTANT shall provide the following services as described below:
Wet Well Evaluation
The CONSULTANT shall provide the following services for each wet well evaluation:
. Conduct a site visit to determine the condition of the existing wet well coating. Take
photographs of existing wet well coating and concrete condition.
. Contact the liner manufacturer's representatives to confirm manufacturer's
recommendations for maintenance. It is believed that the liner for the lift stations is
Mainstay or Linerguard.
. Prepare a Technical memo describing the condition of the wet well and any
recommendations for repairs or replacement.
C. Assumptions
In addition to the work items discussed above, the following assumptions were made in
establishing the scope of work and associated fee. Changes and/or modifications in the above
work items or these assumptions are considered an Additional Service Item under the terms of the
contract.
. Coating evaluation will consist of visual inspections only. Coating thickness evaluations,
chemical analysis and sampling will not be performed.
. Design and construction services are outside the scope of this Task Order. This Task
Order is for evaluation of the condition of the liner and concrete surfaces inside the wet
well only.
. The CITY will clean the wet well and prepare it for safe entry prior to the
CONSULTANT's site visit.
D. Contract Reference
TASK ORDER No. U06-08-01
This Task Order shall be performed under the terms and conditions described within the
Agreement for General Consulting and Engineering Services dated November 18, 2003 between
the City of Boynton Beach and Globaltech, Inc.
E. Additional Services
The following are examples of some specific Additional Service Items that may be required, but
are not included within this Task Order. Generally, a condition contrary to the work described in
Section B or assumptions of Section C (upon which the fee is based) is considered an Additional
Service Item. Examples include:
. Assistance with design of the repairs and supervision during the Work.
These and other services can be provided, if desired by the CITY, under separate Task Order or
by an amendment to this Task Order. Services performed will be on an as-directed basis in
accordance with a written Notice to Proceed from the CITY.
F. Compensation
Compensation by the CITY to Globaltech for all tasks will be on a lump sum basis in accordance
with the above-mentioned Agreement and as shown in the Table below. Individual task limits
will not be exceeded without prior written authorization from the CITY. Work completed by
Globaltech will be invoiced monthly on a percent complete basis.
Task Labor Labor Labor Expenses Total
Classification Hours CostslHour Costs
Wet Well Evaluation Senior Project 3 $100 - $300
Manae:er
Project 36 $100 - $3,600
Ene:ineer
Administrative 2 $35 - $70
41 N/A $280 $4,250
G. Schedule
The CONSULTANT will commence work upon receipt of written authorization. The wet well
evaluation will be performed as soon as the wet well is ready for inspection. The Technical
Memorandum will be completed within one week of wet well inspection.
day of
,2006.
DA TED this
CITY OF BOYNTON BEACH
GLOBAL TECH, INC.
Kofi Boateng
Utility Director
Troy Lyn, P.E.
Vice-President
20f2
.01/17/2006 16:09
9549759718
SHENANDOAH
PAGE 03/03
NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT
357 HIATT ORIV:E, PAu,.fe~AcH GARD~N5, F"l...ORIDA 33418 . 561-624-7830 . FAX 561-624-7839
EXTENSION AMENDMENT TO AGREEMENT
DATE OF ISSUANCE: June 22,2005
OWNER: Northern Palm Beach County Improvement District
357 Hiatt Drive
Palm Beach Gardens, Florida 33418
CONTRACTOR: Shenandoah Construction
1888 N-W. 21st Street
Pompano, FL 33069
SUBJECT CONTRACT: Annual RepairlMaintenance of Water Control Structures,
tit Pipes and Stonn Drains
YOU ARE HEREBY NOTIFIED that the above Contract, as previously amended, is hereby
extended and made subject to the following provisions:
1. Contract term is extended from October 1, 2005 through September 30,2006.
2. Contract price for extended tenn is to be paid in accordance with the current Unit
Price Schedule.
=;::=~==~::::::v;;;::;:=~__~==~
RECOMMENDED: ~.
bye::- ~~Oard
Dated: #'//.t:?J_
Dated; to~;) )os
Dated: 7/ go/V c;
I
VISIT oUR WEBSITE; AT WWW.NPBCID.ORG
1 \ ~91'il7
~~sI
e
~1/17/2006 16:09
9549759718
SHENANDOAH
PAGE 02/03
NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT
357 HIATT DRIVE, PALM BEACH GARDENS, FLOFlIDA 33418 . 561-624-7830 . FAX 56 1-6~4-7B39
June 24, 2005
Daniel Demurra, VP
Shenandoah Construction
1888 N.W. 21st Street
Pompano, FL 33069
RE: Extension of Existing Contract
Annual RepairlMaintenance of Water Control Structures, Pipes and Stonn Drains
Dear Daniel:
.
Enclosed please fmd two original Extension Amendments for the above referenced contract. Please
sign each Amendment and return ,". ..,,' ':""":.:',.,.: to this office, with proof of insurance,
befol"e September 30,2005. Please send the paperwork to the attention of Lay Ie Knox and retain the
second original for your records.
For the purposes of day to day administration Kermith Roundtree, Director of Operations has been
assigned to monitor your contract. You may contact Mr. Roundtree with any concerns or questions
you may have during the contract term.
If you have any questions regarding this matter please contact our office_
Sincerely,
~
Anthony V. Las Casas, P.E.
Deputy Director
A VLllak
enclosures
I
cc: Kennith Roundtree, Director of Operations
VISIT OUR WEBSITE Al WWW.NPBClD.ORG
.a:. ..
SHENANDOAH 3RD ROCK REST., INC.
QUANTITY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE
1. 4" Hydraulic Pump 40 $ 5.00 $ 200.00 $ 140.00 $ 5,600.00
2. 6" Hydraulic Pump 40 $ 50.00 $ 2,000.00 $ 240.00 $ 9,600.00
3. 8" Hydraulic Pump 40 $ 10.00 $ 400.00 $ 340.00 $ 13,600.00
$ 2,600.00 $ 28,800.00
4. Light Cleaning of 15" Pipe 100 $ 3.00 $ 300.00 $ 13.50 $ 1,350.00
5. Light Cleaning of 18" Pipe 100 $ 3.50 $ 350.00 $ 14.00 $ 1,400.00
6. Light Cleaning of 24" Pipe 100 $ 4.00 $ 400.00 $ 14.50 $ 1,450.00
7. Light Cleaning of 30" Pipe 100 $ 5.00 $ 500.00 $ 16.00 $ 1,600.00
8. Light Cleaning of 36" Pipe 100 $ 6.00 $ 600.00 $ 18.50 $ 1,850.00
9. Light Cleaning of 42" Pipe 100 $ 7.00 $ 700.00 $ 19.00 $ 1,900.00
10. Light Cleaning of 48" Pipe 100 $ 8.00 $ 800.00 $ 20.00 $ 2,000.00
11. Light Cleaning of 54" Pipe 100 $ 9.00 $ 900.00 $ 22.00 $ 2,200.00
12. Light Cleaning of 60" Pipe 100 $ 9.00 $ 900.00 $ 24.00 $ 2,400.00
13. Light Cleaning of 66" Pipe 100 $ 10.00 $ 1,000.00 $ 25.00 $ 2,500.00
14. Light Cleaning of 72" Pipe 100 $ 11.00 $ 1,100.00 $ 28.00 $ 2,800.00
15. Light Cleaning of 84" Pipe 100 $ 11.00 $ 1,100.00 $ 29.00 $ 2,900.00
16. Light Cleaning of 96" Pipe 100 $ 11.00 $ 1,100.00 $ 30.00 $ 3,000.00
$ 9,750.00 $ 27,350.00
17. Med. Cleaning of 15. Pipe 100 $ 5.00 $ 500.00 $ 17.55 $ 1,755.00
18. MeeJ. Cleaning of 18" Pipe 100 $ 5.50 $ 550.00 $ 18.20 $ 1,820.00
19. Med. Cleaning of 24" Pipe 100 $ 6.00 $ 600.00 $ 18.85 $ 1,885.00
20. Med. Cleaning of 30" Pipe 100 $ 7.00 $ 700.00 $ 20.80 $ 2,080.00
21. Med. Cleaning of 36" Pipe 100 $ 8.00 $ 800.00 $ 24.05 $ 2,405.00
22. Med. Cleaning of 42" Pipe 100 $ 9.00 $ 900.00 $ 24.70 $ 2,470.00
23. Med. Cleaning of 48" Pipe 100 $ 16.00 $ 1,600.00 $ 26.00 $ 2,600.00
24. Med. Cleaning of 54" Pipe 100 $ 18.00 $ 1,800.00 $ 28.60 $ 2,860.00
25. Med. Cleaning of 60" Pipe 100 $ 19.00 $ 1,900.00 $ 31.20 $ 3,120.00
26. Med. Cleaning of 66" Pipe 100 $ 19.00 $ 1,900.00 $ 32.50 $ 3,250.00
27. Med. Cleaning of 72" Pipe 100 $ 20.00 $ 2,000.00 $ 36.40 $ 3,640.00
28. Med. Cleaning of 84" Pipe 100 $ 25.00 $ 2,500.00 $ 37.70 $ 3,770.00
29. Med. Cleaning of 96" Pipe 100 $ 30.00 $ 3,000.00 $ 39.00 $ 3,900.00
$ 18,750.00 $ 35,555.00
30. Heavy Cleaning of 15" Pipe 100 $ 6.00 $ 600.00 $ 23.62 $ 2,362.00
31. Heavy Cleaning of 18" Pipe 100 $ 7.00 $ 700.00 $ 24.50 $ 2,450.00
32. Heavy Cleaning of 24" Pipe 100 $ 8.00 $ 800.00 $ 25.38 $ 2,537.50
33. Heavy Cleaning of 30" Pipe 100 $ 9.00 $ 900.00 $ 28.00 $ 2,800.00
34. Heavy Cleaning of 36" Pipe 100 $ 11.00 $ 1,100.00 $ 32.38 $ 3,237.50
35. Heavy Cleaning of 42" Pipe 100 $ 18.00 $ 1,800.00 $ 33.25 $ 3,325.00
36. Heavy Cleaning of 48" Pipe 100 $ 20.00 $ 2,000.00 $ 35.00 $ 3,500.00
37. Heavy Cleaning of 54" Pipe 100 $ 25.00 $ 2,500.00 $ 38.50 $ 3,850.00
38. Heavy Cleaning of 60" Pipe 100 $ 30.00 $ 3,000.00 $ 42.00 $ 4,200.00
39. Heavy Cleaning of 66" Pipe 100 $ 35.00 $ 3,500.00 $ 43.75 $ 4,375.00
40. Heavy Cleaning of 72" Pipe 100 $ 40.00 $ 4,000.00 $ 49.00 $ 4,900.00
41. Heavy Cleaning of 84" Pipe 100 $ 45.00 $ 4,500.00 $ 50.75 $ 5,075.00
42. Heavy Cleaning of 96" Pipe 100 $ 50.00 $ 5,000.00 $ 52.50 $ 5,250.00
$ 30,400.00 $ 47,862.00
43. Spec. Cleaning of 15" Pipe 100 $ 10.00 $ 1,000.00 $ 27.00 $ 2,700.00
44. Spec. Cleaning of 18" Pipe 100 $ 10.00 $ 1,000.00 $ 28.00 $ 2,800.00
45. Spec. Cleaning of 24" Pipe 100 $ 10.00 $ 1,000.00 $ 29.00 $ 2,900.00
46. Spec. Cleaning of 30" Pipe 100 $ 20.00 $ 2,000.00 $ 32.00 $ 3,200.00
47. Spec. Cleaning of 36" Pipe 100 $ 20.00 $ 2,000.00 $ 37.00 $ 3,700.00
48. Spec. Cleaning of 42" Pipe 100 $ 20.00 $ 2,000.00 $ 38.00 $ 3,800.00
49. Spec. Cleaning of 48" Pipe 100 $ 50.00 $ 5,000.00 $ 40.00 $ 4,000.00
50. Spec. Cleaning of 54" Pipe 100 $ 50.00 $ 5,000.00 $ 44.00 $ 4,400.00
51. Spec. Cleaning of 60" Pipe 100 $ 75.00 $ 7,500.00 $ 48.00 $ 4,800.00
52. Spec. Cleaning of 66" Pipe 100 $ 75.00 $ 7,500.00 $ 50.00 $ 5,000.00
53. Spec. Cleaning of 72" Pipe 100 $ 75.00 $ 7,500.00 $ 56.00 $ 5,600.00
54. Spec. Cleaning of 84" Pipe 100 $ 75.00 $ 7,500.00 $ 58.00 $ 5,800.00
55. Spec. Cleaning of 96" Pipe 100 $ 75.00 $ 7,500.00 $ 60.00 $ 6,000.00
$ 56,500.00 $ 54,700.00
56. Slip Lining 15" Pipe 100 $ 35.00 $ 3,500.00 $ 66.00 $ 6,600.00
57. Slip Lining 18" Pipe 100 $ 37.00 $ 3,700.00 $ 77.00 $ 7;700.00
58. Slip Lining 24" Pipe 100 $ 51.00 $ 5,100.00 $ 100.00 $ 10,000.00
59. Slip Lining 30" Pipe 100 $ 74.00 $ 7,400.00 $ 14S.00 $ 14,SOO.00
60. Slip Lining 36" Pipe 100 $ 100.00 $ 10,000.00 $ 18S.00 $ 18,500.00
61. Slip Lining 42" Pipe 100 $ 130.00 $ 13,000.00 $ 260.00 $ 26,000.00
62. Slip Lining 48" Pipe 100 $ 169.00 $ 16,900.00 $ 358.00 $ 3S,800.00
63. Slip Lining 54" Pipe 100 $ 210.00 $ 21,000.00 $ 54S.00 $ 54,500.00
64. Slip Lining 60" Pipe 100 $ 20S.00 $ 20,500.00 $ 630.00 $ 63,000.00
6S. Slip Lining 66" Pipe 100 $ 31S.00 $ 31,500.00 $ 700.00 $ 70,000.00
66. Slip Lining 72" Pipe 100 $ 270.00 $ 27,000.00 $ 78S.00 $ 78,500.00
67. Slip Lining 84" Pipe 100 $ 312.00 $ 31,200.00 $ 94S.00 $ 95,500.00
Correction $ 94S.00 $ 94,500.00
68. Slip Lining 96" Pipe 100 $ 380.00 $ 38,000.00 $ 1,078.00 $ 107,800.00
$ 228,800.00 $ 587,400.00
69. CIPP 1S" Pipe
a. 1S" x 100 $ 60.00 $ 6,000.00 $ 66.00 $ 6,600.00
b. 1S" x 100 $ 65.00 $ 6,500.00 $ 66.00 $ 6,600.00
70. CIPP 18" Pipe
a. 18" x 100 $ 70.00 $ 7,000.00 $ 77.00 $ 7,700.00
b. 18" x 100 $ 7S.00 $ 7,SOO.00 $ 77.00 $ 7,700.00
71. CIPP 24" Pipe
a. 24" x 100 $ 80.00 $ 8,000.00 $ 99.00 $ 9,900.00
b. 24" x 100 $ 85.00 $ 8,500.00 $ 110.00 $ 11,000.00
72. CIPP 30" Pipe
a. 30" x 100 $ 110.00 $ 11,000.00 $ 132.00 $ 13,200.00
b. 30" x 100 $ 120.00 $ 12,000.00 $ 154.00 $ 15,400.00
73. CIPP 36" Pipe
a. 30" x 100 $ 130.00 $ 13,000.00 $ 176.00 $ 17,600.00
b. 30" x 100 $ 150.00 $ 15,000.00 $ 198.00 $ 19,800.00
74. CIPP 42" Pipe
a. 42" x 100 $ 165.00 $ 16,500.00 $ 253.00 $ 25,300.00
b. 42" x 100 $ 185.00 $ 18,500.00 $ 275.00 $ 27,500.00
75. CIPP 48" Pipe
a. 48" x 100 $ 225.00 $ 22,500.00 $ 319.00 $ 31,900.00
b. 48" x 100 $ 245.00 $ 24,500.00 $ 396.00 $ 39,600.00
76. CIPP 54" Pipe
a. 54" x 100 $ 385.00 $ 38,500.00 $ 506.00 $ 50,600.00
b. 54" x 100 $ 420.00 $ 42,000.00 $ 550.00 $ 55,000.00
77. CIPP 60" Pipe
a. 60" x 100 $ 525.00 $ 52,500.00 $ 594.00 $ 59,400.00
b. 60" x 100 $ 575.00 $ 57,500.00 $ 660.00 $ 66,000.00
78. CIPP 66" Pipe
a.66.x 100 $ 650.00 $ 65,000.00 $ 682.00 $ 68,200.00
b. 66" x 100 $ 690.00 $ 69,000.00 $ 704.00 $ 70,400.00
79. CIPP 72" Pipe (30.4 mm) 100 $ 755.00 $ 75,500.00 $ 781.00 $ 78,100.00
80. CIPP 84" Pipe (35.5 mm) 100 $ 830.00 $ 83,000.00 $ 946.00 $ 94,600.00
81. CIPP 96" Pipe (40.6 mm) 100 $ 890.00 $ 89,000.00 $ 1,078.00 $ 107,800.00
$ 748,500.00 $ 889,900.00
82. Construction Foreman 180 $ 50.00 $ 9,000.00 $ 50.00 $ 9,000.00
83. Laborer 180 $ 35.00 $ 6,300.00 $ 30.00 $ 5,400.00
84. Pipe Layer 180 $ 15.00 $ 2,700.00 $ 40.00 $ 7,200.00
85. Excavator/Backhoe 40 $ 125.00 $ 5,000.00 $ 430.00 $ 17,200.00
86. Wheel Loader 40 $ 100.00 $ 4,000.00 $ 430.00 $ 17,200.00
87. Backhoe Loader 40 $ 50.00 $ 2,000.00 $ 175.00 $ 7,000.00
88. Bulldozer, Cat D-3 40 $ 15.00 $ 600.00 $ 430.00 $ 17,200.00
89. Double Drum Compactor 40 $ 5.00 $ 200.00 $ 175.00 $ 7,000.00
90. Vibratory Plate, Compactor 40 $ 5.00 $ 200.00 $ 70.00 $ 2,800.00
91. 100 C.F.M. Air Compressor 40 $ 10.00 $ 400.00 $ 175.00 $ 7,000.00
$ 30,400.00 $ 97,000.00
92. Generator w/ Mast Lighting 24 $ 5.00 $ 120.00 $ 25.00 $ 600.00
93. Well Point Equipment 16 $ 100.00 $ 1,600.00 $ 762.00 $ 12,192.00
94. Dump Truck 160 $ 30.00 $ 4,800.00 $ 75.00 $ 12,000.00
95. Gradall Model XL 4100 160 $ 25.00 $ 4,000.00 $ 175.00 $ 28,000.00
96. Hydraulic Rough Terrain 16 $ 50.00 $ 800.00 $ 430.00 $ 6,880.00
97. Roller Compactor 40 $ 20.00 $ 800.00 $ 125.00 $ 5,000.00
98. Skid Steer Loader 40 $ 20.00 $ 800.00 $ 175.00 $ 7,000.00
99. Grader 16 $ 20.00 $ 320.00 $ 225.00 $ 3,600.00
$ 13,240.00 $ 75,272.00
100. Long Stick Excavator 40 $ 145.00 $ 5,800.00 $ 450.00 $ 18,000.00
101. Silt Screen Installation 10 $ 10.00 $ 100.00 $ 150.00 $ 1,500.00
$ 5,900.00 $ 19,500.00
102.A Diving Crew (3 man team) 120 $ 160.00 $ 19,200.00 $ 187.50 $ 22,500.00
102.B Diving Crew (4 man team) 120 $ 160.00 $ 19,200.00 $ 225.00 $ 27,000.00
$ 38,400.00 $ 49,500.00
103. Driveway Restoration 500 $ 5.00 $ 2,500.00 $ 35.00 $ 17,500.00
104. Pressure Grout Injection 20 $ 200.00 $ 4,000.00 $ 225.00 $ 4,500.00
105. Bahia Sod 500 $ 5.00 $ 2,500.00 $ 4.50 $ 2,250.00
106. Rip Rap Rubble 50 $ 50.00 $ 2,500.00 $ 300.00 $ 15,000.00
107. Pavement 500 $ 21.00 $ 10,500.00 $ 25.00 $ 12,500.00
108. Concrete sidewalk (4") 500 $ 10.00 $ 5,000.00 $ 30.00 $ 15,000.00
109. Concrete sidewalk (6") 500 $ 10.00 $ 5,000.00 $ 35.00 $ 17,500.00
$ 32,000.00 $ 84,250.00
110. Video Logs...Pipe 15" 100 $ 2.00 $ 200.00 $ 21.00 $ 2,100.00
111. Video Logs...Pipe 18" 100 $ 2.00 $ 200.00 $ 21.00 $ 2,100.00
112. Video Logs...Pipe 24" 100 $ 2.00 $ 200.00 $ 21.00 $ 2,100.00
113. Video Logs...Pipe 30" 100 $ 2.50 $ 250.00 $ 22.00 $ 2,200.00
114. Video Logs...30" Pipe 100 $ 2.50 $ 250.00 $ 23.00 $ 2,300.00
115. Video Logs...36" Pipe 100 $ 3.00 $ 300.00 $ 24.00 $ 2,400.00
116. Video Logs...42" Pipe 100 $ 3.00 $ 300.00 $ 25.00 $ 2,500.00
117. Video Logs...48" Pipe 100 $ 4.00 $ 400.00 $ 26.00 $ 2,600.00
118. Video Logs...54" Pipe 100 $ 4.00 $ 400.00 $ 27.00 $ 2,700.00
119. Video Logs...60" Pipe 100 $ 5.00 $ 500.00 $ 28.00 $ 2,800.00
120. Video Logs...66" Pipe 100 $ 5.00 $ 500.00 $ 29.00 $ 2,900.00
121. Video Logs...72" Pipe 100 $ 5.00 $ 500.00 $ 30.00 $ 3,000.00
122. Video Logs...84" Pipe 100 $ 5.00 $ 500.00 $ 31.00 $ 3,100.00
123. Video Logs...96" Pipe 100 $ 5.00 $ 500.00 $ 32.00 $ 3,200.00
$ 5,000.00 $ 36,000.00
TOTAL $ 1,220,240.00 TOTAL $ 2,033,089.00
':
1<. Daniel Sho//oll/cry, P.E.
Gary M. Kayman, r.S.M.
Warren H. Newel/
Brianl. laMolle, P.E.
K~llh B. ./o(hnn. PF.
Lisa A. Tropepe, P.E.
JINe.
Engineers SUfveytJrs GIS Mappers
ol.......'IIo...".,.."".-.:........:W/t."'N1.......I>>"....'''''''''"..II~lI~IfW\-t'l.....~~ ~ ~ .lit...............
Shallower Engineering
rur
NOTICE OF AWARD
July 21, 2004
Mr. Daniel Dimura, Vice President
Shenandoah Generol Construction Co.
1888 NW 22nd Street
Pompano Beach, FL 33069
RE; ANNUAL REPAIR/MAINTENANCE OF WATER CONTROL
STRUCTURES, PIPES AND STORM DRAINS
PROJECT NO. 1250
SFRN PROJECT #N.A0008
Dear Mr. Dirilura,
On 6/23/04 the Northern Palm Beach County Improvement District (NPE :;ID)
approved awr-lrd of the Contract for construction of the above referenced project to (our
company based on your bid dated June 21 T 2004, in the amount of $1,220,240.00.
You are required by the Contract Documents to execute thQ Agreel lent,
Contractor's Corporate Resolution and provide the required insurance certificate~ and
Construotion Sonds within fifteen (1~) days of this Notice of Award. Transmitted her with
are six (6) duplicate sets of the project Manual. Five (5) sets are to be proper1y exe. uted
in accordance with the fOllowing directions and returned to us for transmittal t. the
Owner. The sixth set is for your insurance aoent and does not need to be retl mod
(please make sure they receive it),
1" Complete the lump sum amount use words and figures then initi lion
00500-1 of the Agreement and sign Page 00500~5 of the Agreemer that
is contained in each Project Manual. DO NOT date any of the See ions
of the Agreement.
2. Please complete and sign Page 00502-1 titled "Contractor's COrT: )rate
Resolution" contained in each Project Manual in accordance wit the
formalities set forth therein. This will be the only Section you date.
3. Please providt:l rOf the Owner and Engineer CertIficates of Ins:u anc~
reflecting your company's Worker's Compensation and the )ther
Insur~nce coverage. that must equal or exceed the coverage requir d by
the Contract Documents on Supplemental Condition pages 00 00-3
through 00800-5. Five (5) Certificates should be addressed to the ( wner
(NPBClD) and five (5) lo lh@ District engineer, (SFRN, Inc.) a the
Certificate Holder. All of the additional insureds listed in paragraph 5.3.9
NOTICE OF AWARD .2M4
SFRN PROJECT t 1.1609
IlO I Belvedere Rood, Wast Palm Beach, Pi 83405 m. (561) 655,1/51 fAX: (561) 8!:!'~5'WY < .2004
E-Mail: info@sfrnilluom OffiCiO! Website: www.sftninc.com
of the Supplementary Conditions should be typed in the descri tion
portion of the Certificate along with the Project Name. Please make iure
your insurance agent has carefully read the contract requirements bl foro
preparing the Certificates. Important information is highlighted Nith
paperclips in thQ "Insurance Copy" provided. Our experience is that '05t
"standard" Certificates do not comply ith the Contract requirements and
are therefore not acceptable. The ost common omissions arE the
listings of the "Project Name" and tne "additional Insureds" in the
description QOx and the clause "30 de cancellation" in the cancel! !tion
box which should rood "ehould any 0 the above d~scribed rnlir.if. ; he
cancelled before expiration date thereo I the issuing insurer will mail 1irty
(30) days written notice to the certificat holder named to the left."
Please ~xecute the attached copy of this Noti of ^ward where provided t llow
and return it to me.
BJUdlh
c: O'Neal Bardin, Jr., Exec. Uir.
Anthony Las Casas, P.E.
Kenneth Edwards, Esq.
Notice of Award is hereby a knowledged this 2 da' of
. 2004 by:
Ti Ie
NOTICe OF AWARD; 21.04
SFRN PROJ~CT 1# -1809
Fabruary 2 :/nn4
Please execute the Notice to Prooeed whem provided below and r )turn
one (1) copy to us immediately. Please contact me if you have any questior ;.
BJLldlh
Ene.
c: O'Neal Bardin, Jr., NPBCID
Anthony Las Casa~o NPRCIIJ
Kenneth Edwards, Caldwell & Pacetti
~
Sincerely,
~-
Brian J. LaMotte, P.E.
Vice President
Receipt of this Notice to Proc ~ed
is here~~~ged this ?i
day of -r;::-,' 2004, bl
~~~'0t~~~
NaVJL \
Signature
[/fJ
Title
ANNUAL REPAIRlMAINT OF" ATER
CONTROL STRUCTURES, PIPES AND STORMV :AIN$
NOTICE TO PROCEED.4 27..04
Ga;;'jti~y;;,;~: hit:
Warrerl H. Ncwttll
Brian 1. LaMoND, P. f.
Keith B. Jackson, P.i.
Usn A. Trnpn{ln, PF
lINe.
Engineers Surveyors GIS Mappers
~ tFf
1...._. -.._.~.....,,,......~___~---- ~~ ~ ~rt ~
Shalloway Engineering
~OTICE TO PROCEED
August27,2004
Mr. Daniel Dimura, Vice President
Shenandoah General Construction Co.
1888 NW 22nd Street
Pompano Beach, FL 33069
RE: ANNUAL REPAIRlMAINTENANCE OF WATER CONTROL
STRUCTURES, PIPES AND STORM DRAINS
PROJECT NO. 1250
SFRN PROJECT #N.A0008
Dear Mr. Dimurs,
, The Owner has executed the Agreement on August 25, 2004, ar j we
have been authorized to issue this Notice to Proceed. The Contract Tim! will
commence to run from October 1. 2004 to September 30, 200b. At 0'."1 1er's
discretion, annual extensions may be given for two additional years for statal
Contract penod of three Years.
Your copy of the executed Agreement is enclosed. Also enclosed arl four
(4) copies of the Notice of Compliance with Chapter 556. Florida Statutes I =orm
00630). Please execute the enclosed fnrms in accordance with the requirer Isnts
of the statute and return them to us as soon as possible.
We are also returning the Bid Bond security which you submitted witt your
bid.
ANNUAL REPAIR/MAl NT OF \tATER
CONTROL STRUCTURES, PIPES AND STORM 'RAINS
NOTle!! TO PRocet:;O 1-2.7-04
1201 Bllllledm Rood, W!l~t Pnlm RRnrh, fl 3.WJ.'i TEl: (56]) 655-115] fAX: (561) 832-9390
f-Mer;l: ird(J@s!rn;llualll Official W&bsire: www.sfrni/luam
..
I
I
I
I
I
I
I
.
I
I
I
I
IV fD.l- .L/
BID SHEET
WATER CONTROL STRUCTURES, PIPE AND STORM DRAINS, REPAIR/MAINTENA CE
All blank~ have been filled in, BID SHEET is attached to th@ completed "Invitation Fe . Bid" and
returned herewith.
In accordance with all terms, conditions, specifications and requirements, the bidde offers the
following:
A. PUMPING (ITEMS 1 THRU 3)
ESTIMA TED
ITEM ANNUAL .UNIT T )TAL
NO. QUANTITY DESCRIPIION PRICE P ~ICC
1. 40 Hr3. 4" Hydraulic Pump (with 400'
a. of Discharge Hose) $ 5.00 /Hr. $ 200.00
2. 40 Hrs. 6" Hydraulic Pump (with 400'
a. discharge hose) $ 50.00 /Hr. $ 2.000.00
..
-........ ~"I"'''M'' ".',H. I '''..0' , .
NAME OF COMPANY:
Shenandoah General Construction Company
BQF~1 of 15
Bid Form Revised 5/11/04
BIU ~HEET
(Continued)
WATER CONTROL STRUCTURES. PIPE AND STORM DRAINS, REPAIR/MAINTENANCE
H. PIPE AND HEADWALL REPAIR (ITEMS 82 THRU 9-1)
ESTIMATED
ITEM ANNUAL UNIT TOTAL
NO. QUANTITY DESCRIPTION PRICE PRICE
82, 180 Hr.' Conotruction Foroman $ 50.00 IHr, $ 9.000.00
83. 180 Hr. Laborer . $ 35.00 IHr. $ 6,300 00
84_ 180 Hr. Pipe Layer $ 15.00 IHr_ $ 2,700 00
85. 40 Hr. Excavator/Backhoe,
Cat ?/.Sor squar* $ 125.00 IHr. $ 5,000 00
86. 40 Hr. Wheel Loader, ,
Cat 926 or equa'- $ 100.00 IHr. $ 4,000 00
87. -10 Hr. Backhoe Loader,
Cat 416 or equa/* $ 50.00 IHr. $ 2,000 00
88. 40 HI", Bul/dozer, Cat D-3 or equal" $ J.5.00 IHr, $ 600 00
80. 40 Hr. Double Drum Compactor
Wacker \NT 4 or equal" $ 5.00 {Hr. $ 20 .00
90. 40 Hr. Vibratory Plate, Compactor
WackerVPR 1740, or equal" $ 5.00 /Hr, $ 201 .00
91. 40 Hr. 100 C,F.M. Air Compressor
with Hammer* $ 10.00 JHr. $ 401 .00
~UBTOlAL "H" (Items 82~91) $ 30,400.l g j
NAME OF COMPANY:
Shenandoah General Construction Company
SQF-90f15
Bid Form Revised 5/11/04
ACORl).. CERTIFICATE OF LIABILITY INSURANCE CSR Jill I DAft (MIWDrM'Y).
SBB1fA-1 11/16/04.
PRClCUl:ER THIS CtR1W'1CATE II ISSUED AS A MAnER Of' .."ORMATION
ONLY AND CONFERS NO RIGHTS UPON ntE CERlFICATE
P.J.1t. IltS'DllAJfCZ . me. HOLDER. THIS CERTifiCATE DOEI NOT AMEND. EXTEND OR
2500 HOR'l'J[ POWDLxn ROAD ALTER THE COVERAGE AFFORD!D BY THE POUCIE!S BELOW.
POMPAHO UACK FL 33069
Phone; 954-979-5855 PaxI954-'79-6788 INSURERS AFFORDING COVERAGE HAle ,
..,."- -....."..--..' ...".".~.,
INSURE!D INSUIlER A: Z~%CJr AKD:ECJUr nrSUUKCJ:
..
INSUReR tJ; 011'0 c.".-1~r __ CD.
Shenandoah General .~-,'.~"'\"'''~''-' ._...H.......,
COD.tructi~ C~aDY. Inc. INSUReR C: lWtBOR SPICIALTY .~s..~_!=0 '__._
1888 _.W. 32 Street IIIISOAER 0:
Pompano Beach F.L 33069 _...."... ..__..v.,........ ..._._
INSURER E;
COVERAGES
THE POLICIES Of' INSUFIANCE L1STfD BELOW",,~ l5eeH ISSUED TO THE! INSURED NAMED ABOVE FOR THE POLICY PEflJOD INOICATED. NOlWl1liSTANDINC
ANY ReQUIAEMEHT. TERM OR CONDITION OF AIf'( OON1AAeT 0fII 0TtiI!R flOCUMENTWITH RESPECT TO WMICH ntlS CStfIFlCAn;; MAY BE 1SSlJa) OR
MAV PERTAIN, THE! INSURANCE AFFORDED BY THE POI.ICl&S DElCRlIlEI) HEREIN r:s SUBJECT TO ALL THE TERM&. ~U61ONS IoNO CONDrTI(lHS OF SUCtI
POlJCI&S. AGCIIleGA'tE UMITS SHOWN IotA v HAVE IlEEN FlEDtJCED BY "AID ClAlNS.
--.....-.......... ....,.- '.-". DA~~ ...... ..,..,.-., -.-..- ...-.-
L'm "11.I: TYPE OF INItJRANCE I'OUCY NUIHIIR lIoII1'$
Gl!NEItAL 1JAIIIur/' EACH OCCURRI!NCE 11,000.000
~
A .~- COMMeRCIIlL GelERAL lIABilITY 00930830000 12/31/03 12/31/04 PREMiSEs (& accutene.l $ 50 .~J!C?
DCLAJUtl MADf! [iJ OCCUR ........."....
- ~.~.(My on. I*$OI'lI 15,000
- Xct1 ~~.~~li ty COIfTRACTUAL PERllONAl &AfN IflJURY $1,000.000
......,.,...-',......,_._....,.
_ Broad ~E'Dl PI) GENERAL AGGReGATE $ 2.000. ~_I!!L.
GEN'I. AGGREGATE LIM\' APF\IES PER: PRODUCTS - COMl"IOP AGO 52,000,000
I POLICY Iil ~ n lOC ,_._._,.u....,"........
.AUT(lIII;BLE! UAlIIU1Y . COMBINED $9lGLE LIMIT
.:....:.. $1. ODD. 000
A ..!. ~YAUTO BAPn0830100 12/31/03 12/31/0. (ea 1I4lClIdenl)
...,................. .
AU OWNED AUTOS BOOll. V INJURV
- $
SCHeDUlED AUTOS (P&rpen;m)
-. .--..--.
.!.. HIRED AUTOS l'lOOtI. V INJURy
(pili" 8ClCIdsnl) 1
~^ NON-OWNm AUTOS
,,'*','.'" ..-.
~ ... ......- PROPERTY DAMAGE! $
lPer 8CCId8nt)
OMAGE UMII.ITY AUTO ONLY -I!A ACCIDENT S
n AHV AUTO _. .'--
OllER llWI EA ACe 1
AUTO OHl. Y; AGe $
EXC!lI8IIJII8REl.LA UA8/I..'TY EACH OCCUARENCE 15,000,000
tiJ OCCUR 0 CLAIMS IolAOE 12/31/03 ... ..
B 80-52806588 12/31/04 AGOOEWooTE ~~_, 000, 000
-.-.
S
....,.... --.,
!;=1 DEDUClllilUO S
X RETI!NTION $0 S
~ CO~TIONAIIII X IT []R'f LIMITS I 10m' -','''-
c ~'I.IAIIUTY 99-4.501-0 01/01/04 01/01/05 e,L. EACH AC:CIDENT 11000000
Nf'( PAOPIUIiTORiPARTNIiRlEXECUTMi ~...,... ,,"'."-
OFFICEM.EM8ER EXCLUDED? I!!.L DISEASE . EA $ 1009..~OO
~~UIldet -....
ClAL PROVISIONS HIaw " E.L. DlBEASE - POLICY LIMIT S 1000000
01JolER
cetiCRlPTlON 01' OI'I!ftATIClN8/I.OCATION$/ VElICI.E8 / ~LUliIOftS ADDED .v IIIDOUIMENT I ll'eCIAL JIROVI8ION8
561-742-6298
ceRTIFICATE HOLDeR
CANCELLATION
BOYN'1' - 2
StlDlA.l) NfY OF ,... A8OVl! DESCfIIBEg POLICIES Ill! CANCIiLUiD lMiFORE THe EXI'lRATIO
OIlTE THEREOF, nte ISIUIoIG INSlJRER ~ ENlIEA~ TO IIAIl ~ DAft WRITTEN
NOTICI! TO THE CERTIFICATE HOl.DER NAIlED TO TI1I! l.!I'T, Bur FAIlURE TO go ao t;tUll,1,
WOSE NO OBLIGATION DIll UAIllLITV 01' NfY KIND UPON THE IlSURlII, ITS AGEN~ OR
RI!PIlI.IPTATJV1!8.
~RIZm REf'RH!NTATM!
Kat:i. Jackson
".,,"
CJ:TY OF BOnn'OJr BBACJt
ATTR I JOD IfAJtT:EJl'I'
12f B. lIOODBlaGKT ROAI)
BOYNTON BBACR PL 33.35
ACORD 25 (*"10$)
CI ACORD CORPORATION 198
Owner's Copy
RE-IUD
ANNUAL RSPAI .N'
P
DRAINS FOR
FOR VARIOUS UNITS OF DEVELOPMENT
NORTHERN PALM BEACH COUNTY
IMPROVEM:E:NT DISTRICT
PROJECT MANUAL
OWNER PROJECT NO. 1250
MAY, 2004
PROJECT :MANUAL
Re-Bid Annual RepairlMaintenance of Water Control
Structures, Pipes and Storm Drains for Northern
Palm Beach County Improvement District
Project No. 1250
May 2004
PROJECT:
Re~Bid Annual Repair/Maintenance of Water
Control Structures, Pipes and Storm Drains for
N0l1hern Palm Beach County Improvement
District
TABLE OF CONTENTS
DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS
NO. OF PAGES
00020 REQUEST FOR BID PROPOSALS .................................................................................... 2
00100 INSTRUCTIONS TO BIDDERS ......................................................................................... 7
00300 BID FOR1\1 ...... ....... ................. ........... ..... ............ ......... ...... ...... .............. ........ ................. ..... 31
00500 AGREEMENT ....... ........... ....... ......... ................ ........... ....... .......... ............... ..... ........... ... ..... 5
00501 OPINION OF ATTORNEY .................................................................................................
00502 CONTRACTOR' S CORPORATE RESOLUTION ............................................................
00630 NOTICE OF COMPLlAJ'-/CE WITH CHAPTER 556, FLORIDA STATUTES .................
00670 CONTRACTOR'S AFFIDAVIT TO OWNER ....................................................................
00680 APPLICATION FOR PAYMENT ......................................................................................
00681 SCHEDULE OF VALUES At'\lD WORK. COMPLETED .................................................
00700 GENERAL CONDITIONS. ............ ..................... .......... ....... ........ ........ .......... .......... ........... 33
00800 SUPPLEMENTARY CONDITIONS .................................................................................. 17
00840 LISTING OF DUTIES, RESPONSIBILITIES AND LIMITATIONS
OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE ................................. 4
DIVISION 1 - TECHNICAL SECTIONS OF SPECIFICATIONS
01000 GENERAL SPECIFICATIONS AND REQUIREMENTS .................................................. 4
02748 SLIP LINING....................................... ....................................................
02749 SPECIFICA TrONS FOR CURED-TN-PLACE PIPE (CIPP)................................. ... 5
T ABLE OF CONTENTS
041601-N TC-1
PROJECT: Re-Bid Annual Repair/Maintenance of Water Control Structures,
Pipes and Storm Drains, for Northern Palm Beach County
Improvement Distriet (Various Units of Development)
NPBCID Project #1250
Date: Mav 26, 2004
00020
REQUEST FOR BID PROPOSAL
Sealed Bid Proposals, in triplicate, will be received by the Northern Palm Beach County
Improvement District at the office of Northern's District Engineer, SFRN, Inc., 1201 Belvedere Road,
West Palm Beach, FL 33405 (Phone 561-655-1151) for the subject Project until 9:00 A.M.., local
time, Monday, June 21. 2004 then opened. However, the Bid Proposals will not be announced at the
opening nor will copies of the Bid Proposals then be provided to attending Bidders.
The Project is generally described as follows: Cleaning and/or repair/maintenance of storm drainage
systems including water control structures, pipes and storm drains for various NPBCID Units of
Development.
The Owner for the Project is the Northern Palm Beach County Improvement District. All
contract and technical inquiries should be directed to the District Engineer, Brian LaMotte, P.E. at the
Engineer's office and whose phone number is 561-655-1151 and fax number is 561-832-9390.
Contract Documents may be purchased from Northern's District Engineer SFRN, Inc., 1201
Belvedere Road. West Palm Beach, FL 33405 (Phone 561-655-1151) at the following prices, which
are non-refundable:
Project Manual
$ 37.74
plus $2.26 sales tax
=
$ 40.00
Complete Set (Project Manual) $40.00
Packaging & Mailing Charges/Set: $20.00 (when delivered by UPS)
This Contract is a Unit Price contract.
A non-mandatory prebid conference will be held at 8:30 A.M. on Friday, the 4th of June, 2004
at the Owner's Conference Room located at 357 Hiatt Drive, Palm Beach Gardens, Florida.
Representatives of the Owner and Engineer will be present to discuss the project. Specific Project
requirements will be outlined at this Conference.
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 with a public entity for the construction or
repair of a public building or public work, 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.
ADVERTISEMENT
No Bid Proposals may be withdrawn for a period of 90 days after the scheduled closing date for
the receipt of Bid Proposals except as otherwise provided in Article 13 of the Instruction to Bidders.
Bid proposals musts be accompanied by a Bid Security in the form of a certified or bank check
made' payable to the Owner, or a Bid Bond. The amount of the security shall not be less than five (5)
percent of the Bi.dder's total bid indicated in the Bid Proposal Form.
It is the policy of Northern Palm Beach County Improvement District that Minorities and Women
Business Enterprises (MBE/WBE) shall have the maximum practical opportunity to participate in the
competitive process of supplying goods and services to Northern Palm Beach County Improvement
District.
The Bidder to whom the contract is awarded, will have retainage withheld in the amount of 10%
until substantial completion, then reduced to 2%. Payment will be made in full at final completion on a
per work order basis.
Bidders should anticipate that Owner may negotiate some or all of the aspects of a Bid
Proposal with one or more of the Bidders in order to obtain the lowest negotiated price.
The Owner reserves the right to reject any or all Bid Proposals, to waive informalities, and to
readvertise.
BY ORDER OF NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT
Publish:
May 30, 2004
June 6, 2004
ADVERTISEMENT
00100
INSTRUCTIONS TO BIDDERS
1. DEHNED TERMS.
Terms used in these Instructions to Bidders which are defmed in the Standard General Conditions of the
Construction Contract (EDCJC No. 1910-8, 1983 Edition) and any amendments within Supplementary
Conditions section have the meanings assigned to them in the General Conditions. The term "Bidder"
means one who submits a Bid Proposal (hereinafter referred to as the "Bid") directly to Owner, as distinct
from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest,
qualified; responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as
hereinafter provided) makes an award. The term "Bidding Documents" includes the Request for Bid
Proposals, Instructions to Bidders, the Bid Proposal Form, also known as the Bid Fonn and the proposed
Contract Documents (including all Addenda issued prior to receipt of Bids).
2. COPIES OF BIDDING DOCUMENTS.
2.1. Complete sets of the Bidding Documents in the number and for the cost, if any, stated in the Request
for Bid Proposals may be obtained from SFRN, Inc., 1201 Belvedere Road, West Palm Beach, Florida
33405 (Phone 561-655-1151) (unless another issuing office is designated in the Request for Bid
Proposals).
2.2. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer
assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of
Bidding Documents.
2.3. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only
for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.
2.4. To the extent that any of the Bidding Documents are subject to the public records exemption set forth
in Section 119.07(3)(ee), Florida Statutes, then in that event, any entity or person receiving such
documentation or information shall be obligated to maintain the exempt status of said documentation and
information pursuant to the terms and provisions of the above referenced statute and by requesting or
receiving such documentation or information agrees to be bound by this requirement.
3. NON-MANDATORY PRE-BID CONFERFENCE
SCHEDULE.
AND QUALIFICATIONS
A non-mandatory pre-bid conference ""ill be held at 8:30 a.m. on the 4th day of June 2004 at the Owner's
Conference Room located at 357 Hiatt Drive, Palm Beach Gardens, Florida. Representatives of the Owner
and Engineer will be present to discuss the project. Specific Project requirements will be outlined at this
Conference. At time of Bid submission, BIDDER must additionally submit qualifying information as
follows:
(I) Resume of Bidder which must include:
(a) Organizational chart and resumes of corporate officials, managers and crew supervisors who
will be assigned to this Contract, including licenses.
04116/01-N
INSTRUCTIONS TO BIDDERS
00100-1
.
r ....4 =.:; ;:-
f
, INC.
&giIIten Sm.,. GlJ .",."
"'".. _ ...... . m
Shallowey En,ineering
K. Daniel Shallowar, P.E
Gary M. Rayman, P.S.M.
Warren H. Newell
Brian 1. laMotte, P.E
Keith B. Jackson, P.E
Usa A. Tropepe, P.E.
NOTICE OF AWARD
July 21, 2004
Mr. Daniel Dimura, Vice President
Shenandoah General Construction Co.
1888 NW 22nd Street
Pompano Beach, FL 33069
RE: ANNUAL REPAIR/MAINTENANCE OF WATER CONTROL
STRUCTURES, PIPES AND STORM DRAINS
PROJECT NO. 1250
SFRN PROJECT #N.A0008
Dear Mr. Dimura,
On 6/23/04 the Northern Palm Beach County Improvement District (NPBCID)
approved award of the Contract for construction of the above referenced project to your
company based on your bid dated June 21, 2004, in the amount of $1,220,240.00.
You are required by the Contract Documents to execute the Agreement,
Contractor's Corporate Resolution and provide the required insurance certificates and
Construction Bonds within fifteen (15) days of this Notice of Award. Transmitted herewith
are six (6) duplicate sets of the project Manual. Five (5) sets are to be properly executed
in accordance with the following directions and returned to us for transmittal to the
Owner. The sixth set is for your insurance aaent and does not need to be returned
(please make sure they receive it).
1. Complete the lump sum amount use words and figures then initial on
00500-1 of the Agreement and sign Page 00500-5 of the Agreement that
is contained in each Project Manual. Do NOT date any of the Sections
of the Agreement.
2. Please complete and sign Page 00502-1 titled "Contractor's Corporate
Resolution" contained in each Project Manual in accordance with the
formalities set forth therein. This will be the only Section you date.
3. Please provide for the Owner and Engineer Certificates of Insurance
reflecting your company's Worker's Compensation and the other
Insurance coverage that must equal or exceed the coverage required by
the Contract Documents on Supplemental Condition pages 00800-3
through 00800-5. Five (5) Certificates should be addressed to the Owner
(NPBCID) and five (5) to the District Engineer, (SFRN, Inc.) as the
Certificate Holder. All of the additional insureds listed in paragraph 5.3.9
NOTICE OF AWARD 7-21-44
SFRN PROJECT #N-1609
/20 I Belvedere Road, West Palm Beach, FL 33405 TEL: (561) 655-1157 FAX: (561) 8yP~MY 25,2004
[-Moil: info@sfrninuom Official Website: www.sfrninuom
of the Supplementary Conditions should be typed in the description
portion of the Certificate along with the Project Name. Please make sure
your insurance agent has carefully read the contract requirements before
preparing the Certificates. Important information is highlighted with
paperclips in the "Insurance Copy" provided. Our experience is that most
"standard" Certificates do not comply with the Contract requirements and
are therefore not acceptable. The most common omissions are the
listings of the "Project Name" and the "additional insureds" in the
description box and the clause "30 day cancellation" in the cancellation
box which should read "should any of the above described policies be
cancelled before expiration date thereof, the issuing insurer will mail thirty
(30) days written notice to the certificate holder named to the left."
Please execute the attached copy of this Notice of Award where provided below
and return it to me.
iLaMotte, P.E.
Vice President
BJUdlh
c: O'Neal Bardin, Jr., Exec. Dir.
Anthony Las Casas, P.E.
Kenneth Edwards, Esq.
Notice of Award is hereby acknowledged thiSJ;,'. day of
, 2004 by:
tit
Title
NOTICE OF AWARD 7-21~4
SFRN PROJECT #N-1609
February 2&, 2004
lINe.
. ilrvefOB"S ItftIpper,
Shallowoy Engineering
K. Daniel Shalloway, P.E.
Gary M. Rayman, P.S.M.
Warren H. Newell
Brian J.laMoffe, P.E
Keith B. Jackson, P.E.
Usa A. Tropepe, P. E.
NOTICE TO PROCEED
August 27, 2004
Mr. Daniel Dimura, Vice President
Shenandoah General Construction Co.
1888 NW 22nd Street
Pompano Beach, FL 33069
RE: ANNUAL REPAIR/MAINTENANCE OF WATER CONTROL
STRUCTURES, PIPES AND STORM DRAINS
PROJECT NO. 1250
SFRN PROJECT #N.A0008
Dear Mr. Dimura,
The Owner has executed the Agreement on August 25, 2004, and we
have been authorized to issue this Notice to Proceed. The Contract Time will
commence to run from October 1. 2004 to September 30. 2005. At Owner's
discretion. annual extensions mav be aiven for two additional vears for a total
Contract period of three vears.
Your copy of the executed Agreement is enclosed. Also enclosed are four
(4) copies of the Notice of Compliance with Chapter 556, Florida Statutes (Form
00630). Please execute the enclosed forms in accordance with the requirements
of the statute and return them to us as soon as possible.
bid.
We are also returning the Bid Bond security which you submitted with your
ANNUAL REPAIRlMAINT OF WATER
cOmr<<JtsmtJe'ftM~. f:fflI!t A.1'M~
NOTICE TO PROCEED-8-27-04
1201 Belvedere Rood, West Palm Beoch, Fl 33405 TEl: (56!) 65H 151 FAX: (56!) 832-9390
f-Mail: info@sfrninuom Official Wehsite: www.sfrninuom
Please execute the Notice to Proceed where provided below and return
one (1) copy to us immediately. Please contact me if you have any questions.
Sincerely,
arran I laMotte, F'.E.
Vice President
BJUdlh
Ene.
c: O'Neal Bardin, Jr., NPBCID
Anthony Las Casas, NPBCID
Kenneth Edwards, Caldwell & Pacetti
Receipt of this Notice to Proceed
is hereby acknowledged this _
day of ,2004, by:
Name
Signature
Title
N':'~I.,I.Al~J;P~IRlI',1AI.~J: pF WATER
CONTROL gTRU~_!!~ ","AJm'fl'~MDRAINS
NOTICE TO PROCEED~-27 -04
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM 8.2
AGENDA ITEM REQUEST FOR1~
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
D December 6, 2005 November 14, 2005 (Noon.) D February 7, 2006 January 17,2006 (Noon)
D December 20, 2005 December 5, 2005 (Noon) [8J February 21, 2006 February 6, 2006 (Noon)
D January 3, 2006 December 19,2005 (Noon) D March 7, 2006 February 21, 2006 (Noon)
D January 17, 2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon)
D Administrative D Development Plans
NATURE OF [8J Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: A motion to approve a piggy-back of Palm Beach County Bid#05-074MP to Contract
Connection, Inc. of Jacksonville Beach, Florida in the amount of $33,174.20.
EXPLANATION: The Parks Division would like to purchase playground equipment for Forest Hill Park. The
equipment consists of Swings and a Custom Quest Play Structure that meets all ADA requirements and would replace
the unsafe equipment at Forest Hill Park. This is part of a regular replacement schedule.
PROGRAM IMP ACT: This replacement equipment will enhance our park and meet ADA Requirements.
h-;
FISCAL IMPACT:
ACCOUNT#:
302-4298-580-63-05 CP0509
EXPENDITURE:
$33,174.20
(0
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Procurement Services
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sSlstant to t e mance lrector
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: lody Rivers - Parks Superintendent
File
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
~c1L. 5&/-- 1/,/ ___?'O 3:J-
cAoOt, ~-bJ-
Date: 1/17/2006
Requesting Department: Recreation & Parks
Contact Person: Vicki Robertson (x6225)
Explanation for Purchase:
As part of a regular replacement schedule, a new playground that meets current safety standards will
replace the old outdated playground. fOr-- Fo(est ~ht' "ClX~. ~
I Recommended Vendor Contract Connection
I Dollar Amount of Purchase $2~ -!> 3 ~ /7 +.d-, ~)
",- )
Source for Purchase (check and attach backup materials):
Three Written Quotations D GSA D
State Contract D PRIDE/RESPECT D
SNAPS D Sole Source D
Piggy-Back ~ Budgeted Item D
Emergency Purchase D Other D
Contract Number: PSC Sid #05-074/MP
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source for Purchase:
Account #302-4298-580-63-05; CP0509
Approvals:
Department Head Q' /~---
Purchasing Agent
Asst City Manager
City Manager
Date
Date
Date
Date
}- !r3"C~'
Form Revised 02/01/02
'}Rt~-9-20C15
TO:.} DZOBR P.~/2
A.<-c..+ .~ O\:)\ - \2_1\ - 5\'2-- SL -9c.:" 9yajt:c~- \::\::. t--\-\2D<.oO\
~ Contract Connection Inc.
~ 0 504 South 2nd Street
'Pe'l:fi 3 71~ 3 Jacksonville Beach, Florida 32250
U Voice: 904-249-5353 Fax: 904-249-8177
D ~/.t
Pembroke ~~::XF~:~;~30~_;25~D ~......
Voice: 954-925-2800 Fax: 954-925-0800
16:32
FROl1 : COt~TRRCT CiJt~NECT I eN 190424981 n
. :(}i Jr) (/~ - r J:r)/1
100022166
3
01/09/2006
01/09/2006
Jack Dzoba
Sherri
Best Way
Wow Playgrounds
Quote No
Version No
Quote Date
Today's Date
Salesperson
Entered By
Ship Via
Factory
QUOTE TO:
Boynton Beach Parks & Recreation
100 East Boynton Beach Blvd
Boynton Beach, FL 33425
Attn: Jody Rivers
Phone: 561-742-6226
Fax: 561-742-6233
JOB NAME:
Forest Hill Park - Swings
Boynton Beach Parks & Recreation
2500 S.W. 8th Street
Boynton Beach, FL 33435
Altn: Jody Rivers
Phone:
Vendor Catalog
WOW-85045208
WOW-850870D8
WQW-85088008
Quantity Unit Price Oi count
Description
5" Arched Swing Frame - 8' - 2 Bay
{Set of 2} Belt Seats wi Chain, 8'
(Set of 2) Half Bucket Seats wi Chain for 8' Frame
1
1
1
$2,549.00;12.00%
$91.00 12.00%
$117.00'/12.00%
Material Subtotal:
Tax:
Installation Chrgs:
Freight:
Other:
Special Instructions: Price protected for 30 days. FOB Factory. Shipping 4-6
wks.Prlce Includes: 12% Discount per Palm Beach County Bid #OS-0741MP,
Standard WOW colorslfinishes, Installation of (1) Arched swing frame & (1)
ea. of set of 2 Belt & Bucket seats & Feightt. .Install price valid on WOW
85045208 Arched swing if installed at same time as WOW Quest unit on
Quote #100022166 v.2. If Installed seperately, Swing installation will be
$1650. Price Excludes: Storage, Site work, GeoTech Testing, Concrete Slab, I
Remove Exist. Equip, Bldg/Roof permits & fees, Arch/Site/Enginereed
Drawings, RepalrlReplace Underground Utllitiesl Landscape, ADA Access,
Safety surfacing, Border Timbers. Landscape Fabric, Survey work, GIC
Involvement, Insurance Subrogation,RemovallHaullng of dirt & Rep!. fill
andlor sod. .Slte must be clear, level & accessible to equip or add" charges
.. A. ...
Office: Jax Tax Exempt: Yes
Payment Terms: Net 30 Days
Total=$4,433.16
Amount
$2,243.12
$80.08
$102.96
$2,426.16
$0.00
$1,228.00
$779.00
$0.00
,
Please Remit An Payments to
Pembroke Pines Office
On the first day of each month, Invoices over 31 days old are subject to a service cha
month. Signing and accepting the Quotation above also acknowledges acceptan
Approval and acceptance of this proposal may be executed by signing
below and faxing back to the office checked above. . om )
5 109 Icer
Company: Date: Page 1 of 1
Authorized Purchaser: Title: . \
OffIces In: Jacksonvilfe BeBch, Ft. Lauderdale, Tampa, Orlando, Pensacola, ~>: :J:/I.~>
,J Hr'l- ':J - C:~:JI~Jb
Ib: ,.::.C:
r- KUI'I: '_.UI'l I t'<:H\_ I LUNl'lt:l. I lUN 1 ':JUqC:"I':Jl:H ( (
IU:J ULU~H ~.1/C:
f\.a:.:+- ~ 302-. L\2CJ(') - (..J~ - lo3-()S C\fJ rl= cpo'OoCi
Contract Connection Inc.
'nI 0 504 South 2nd Street
roOQJt 311Lf2 Ja.cksonville Beach, Florida 32250
,,~. VOice: 904-249-5353 Fax: 904.249.8177
~iO /(15)"7 f,~/~\ ': r:)(o\/~1
k~\::./. \:_/ . J J . ,j t,." :'IJ';Jj
Quote No
Version No
Quote Date
Today's Date
Salesperson
Entered By
Ship Via
Factory
QUOTE TO:
Boynton Beach Parks & Recreation
100 East Boynton Beach Blvd
Boynton Beach, FL 33425
Attn: Jody Rivers
Phone: 561-742-6226
Fax: 561-742-6233
100022166
2
01/09/2006
01/09/2006
Jack Dzoba
Sherri
Best Way
Wow Playgrounds
o PO Box 848254
Pembroke Pines, Florida 33084-0254
Voice: 954-925-2800 Fax: 954-925-0800
JOB NAME:
Forest Hill Park - Play Structure
Boynton Beach Parks & Recreation
2500 S.W. 8th Street
Boynton Beach, FL 33435
Attn: Jody Rivers
Phone:
Vendor Catalog
WQW-Q-00795-2
Description
Custom Quest Play Structure
Quantity Unit Price Discount
Amount
1
$21,083.00 12.00%
$18,553.04
Special Instructions: Price protected for 30 days. FOB Factory. Shipping 4-
6 weeks.
Price Includes: 12% Discount per Palm Beach County Bid #05-074/MP,
Standard WOW colors & finishes, Installation of (1) Q-00795-2 play structure
& Freight.
Price Excludes: Storage, Sltework, Geo- Tech Testing, Concrete Slab,
Remove Existing Equipment, Arch/Site/Englnereed Drawings, Bldg/Roof ,
Permits and Fees, Repair/Replace Underground Utlllties/Landscape, Safety
Surfacing!, ADA Access, Border Timbers, Landscape Fabric, Survey work, ,
G/C Involvement, Insurance Subrogation, Removal & Hauling of dirt, and
Replacement fill and/or sod. .Site must be clear, level & accessible to
equipment or additional charges for off-loading & storage will apply.
Material Subtotal: $18,553.04
Tax: $0.00
Installation Chrgs: $6,725.00
Freight: $3,463.00
Other: $0.00
p,e~s~t:~:~2~,' ~:y~~~S to 0 t t/
Pembroke Pines Office
Office: Jax Tax Exempt: Yes
Payment Terms: Net 30 Days
On the first day of each month, Invoices over 31 days old are subject to a service cha
month. Signing and accepting the Quotation above also acknowledges acceptanc
Approval and acceptance of this proposal may be executed by signing
below and faxing back to the office checked above.
Company: Date:
Authorized Purchaser: Title:
Offices In: Jacksonville Beach, Ft. Lauderdale, Tampa, Orlando, Pensacola, Naples, Atlanta, Melba
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WOW Playgrounds - Online Qu0t8 System
Q:~itO~.Q
Q1Y. emu! D-'l~cdption Un.i~ ~~ V'{e,i.gb1
2 50003010XX Post w/cap 120 length - 5 $220.37 $440.74 12Blbs
2 500030 11 XX Post w/cap 132 length - 5 $240.40 $480.81 136lbs
:2 50003013XX Post w/cap 156 length - 5 $280.48 $560.96 158lbs
2 5OO03113XX Post 156 length - 5 $264.45 $528.90 150 Ibs
2 50003114XX Post 168 length - 5 $265.82 $571.64 160lbs
:2 SOO03115XX Post 180 length ... 5 $305.85 $611.71 170lbs
1 50003307XX Pod Post Complete 5 x 84 $186.98 $186.98 481bs
2 50012006XX Kick PI<lItEl 6 ~ 5 $50.75 $101.50 1Blbs
1 50012008XX Kick Plate 8... 5 $53.42 $53.42 101b$
I' 1 50012012XX Kick Plate 12 - 5 $56.09 $56.09 111bs
1 cel. TBTXX 'NA "NA "NA "NA
;J- 2 TEXOO652XX Pipe Wall 5 C-Line $414.04 $828.06 100lbs
3 TEX01200XX Platform - 48 Bolt-On Square $554.27 $1,662.82 2821bs
1 TEX01204XX Platform - 48 Bolt-On Hex $1,195.61 $1.195.61 2621bs
~ 1 W0500140XX Panel- Alpha 5 Wow $476~81 $476.81 571bs
1 W0500144XX Panel- Driving $ Wow $622.39 $622.39 72lbs
1 W0501289XX Clover Climber 5 WOW $832.08 $832.08 105.61bs
3 W0501316XX Eclipse 5 Roof. WOW $563.63 $1,690.89 330lbs
1 W0501360XX Cargo Net Climber. 5 WOW $602.35 $60Z.35 85lb$
1 W0501362XX EDUCATION CLIMBER 5 WOW $1,204.71 $1,204.71 115 Ibs
1 W0501454XX Slide SpiralS Wow $3,405.78 $3,405.78 495.3 Ibs
1 W0501600XX 90' Curve Slide 36 Wow 5 $806.70 $806.70 135 Ibs
1 W0501603XX Wave Slide 48 Wow 5 $806.70 $806.70 135 Ibs
1 W0501702XX Double Wall Slide 46 Wow 5 $806.70 $806.70 130lbs
1 W0501704XX ADA 36 Trans Station - 5 $1 ,409.05 $1,409.05 270lbs
$19,943.42 3564.9 lba
* CALL FOR ACCURATE QUOTE
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Online Ql,)pj;~_Systel'lj I M.enu
C<:>pyl'ighl@ '1985 . 2000 :r:~tlQn.~lJIil~llk . All Rights Re$cNeCf.
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WOW Playground$; . Online Quote System
'Your Quote has been saved fOr 90 days. I
~..l5.2. f.o~tI1lJljte.rk
Q-00795-2 - Jack Dzoba
Valid From: 12/2812005 TiI: 312812006
)-j\.
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Q.tx btt.#. ~o.o Uniterj~ ~~ w.tab.t
2 s0003010XX Post w/cap 120 length - 5 $220.37 $440.74 1281bs
2 SOOO3011XX Post w/oap 132 length - 5 $2<40.40 $480.81 138lbs
2 50003013>0< Post w/cap 156 length - 5 $280.48 $580.98 158lbs
2 50003113XX Post 156 length - 5 $264.45 $528.90 150lb$
2 50003114XX Post 168 length - 5 5285.82 $571.64 160lbs
2 50003115XX Post 180 length. 5 $305.85 $611.71 170lbs
1 50003307XX Pod Post Complete 5 x 84 $186.98 $186.96 48lbs
2 50012006X.X Kictc Plate 6 - 5 $50.75 $101.50 181bs
1 5001200BXX Kick Plate a - 5 $53.42 $53.42 10lbs
1 50012012XX Kick Plate 12 - 5 $58.09 $56.09 111bs
NA NA NAlbs
~ 1 TEXOO749XX ~ee1-Pst Mt Steering 5 Cline $173.15 $173.15 71bs
4 TEX00852XX F>~ Wall 5 C-Une $414.04- $1.65f3.15 200100
3 TEX01200XX Platform - 48 BoIt~On Square $554.27 $1.662.82 282lbs
1 TEX01204XX Platform. 48 Bott.Qn Hex $1.195.61 $1.195.61 262lbs
1 W>5012S9XX Clover Climber 5 WOW $832.08 $832.08 105.6 Ibs
3 VV050131SXX eclipse 5 Roof - WOW $563.63 $1,690.89 33OIos
1 \tW50138OXX Cargo Net Climber - 5 WOW $802.35 $802.35 S5lbs
1 VV0501362XX EDUCATION CLIMBER 5 WOW $1,2<l4.71 $1,204.71 115 Ibs
1 'M:J501454XX Slide Spiral 5 Wow $3.405.78 $3,405.78 495.3 Ibs
1 W>50160OXX 90. Curve Slide 36 Wow 5 $806.70 $806.70 135 lb.
1 \M)501603XX Wave Slide 48 Wow 5 $806.70 $806.70 135 Ibs
1 \Ml501702XX Double Wall Slide 048 WCNI 5 $806.70 $806.70 130lb8
1 V\I0501704XX ADA 36 Trans St;ftfon - 5 $1.409.05 $1,409.05 270lbs
~ 1 W0502282XX P,nel Ground Lvi Alp~ 5 Wow $503.52 $603.52 6O.21bs
1 V\A)502293XX Panel Ground Lvi TIT 5 Wow $133.25 $133.25 64lb$
$21.082.22 3667.11bs
line QIJ.O.t~ _SY~~m I M!!ID~ ~
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lIIdta8IaC ~
outh Milfwy Trail. Sutte 1tO
him Beach. FL 3341 ~'199
(56J) 616-6800
PAX; (561) 6JHSJ1
www.pbcp..comIJNr
.
......... ~
...... 01 c.at)' .
~
Rh'ly ~ilotti. Chaimw.
~ L. Green.. Vice Chairpcnon
Xaren T. Marcus
Jeff Koons
WNrcn H. Newell
Mary McCarty
DUll AanmIOn
Couat;J ""'....J-.....
Robert weisman
4"" I1qwtl qpporMlI'O'
~MCioIt~.
~ ~Oft.....,.,.,
May 17, 2005
Mr. lIike Krohn
Contnlet Conl"ltlGtlon, Ine.
P.O. lSox 848254
Pembroke PiMs, FL 33084..0264
Dear Mr. Krohn: RI!: TEAll CONTRACT -= ~
This is to Inform you thltt Palm Beach County Board of County Comml...on.... Is
entering Into a Term Contraet with your company for PLAYGROUND AND P~K
~UlPllSO: baMd on tile following:
BID 105-0741MP
AWARDED ITEMS AS FCLLOWB:
LOT 11.. rT'EM 1J't:
wow PIeygrounds
Wabash v....,
Pau.r.on.WIIUams
PoUgonIPwa.o1
c....... Design ~t
VIctor 8lanley
GT Grandlltands
SofFal1 SurfllCing
WCNI Shade Structures
XINme.... RmIp
W..Play w.ar Partt equipment
LOT f2 -ITEM ,..:
WOW Playgrounds
w.bah Valley
PatIenIon-WIIIams
Po...onIPa....
C...-rn DMlgn Precast
VIctor StMIey
GT GrancIetancIs
SotF... Surfacing
watI Shade S1rUctu....
xtawIMt Skate A8mp
..........y Water Park equipment
The term of thia contnIct 1$ 05123105 through 11J22106. The eetimatacl daUarVlIue for
all ........ vend.. Is -'000.00.
The obUgations of Palm Sea..,. County under this contrac:t are subject to the
availability Of fUnds laWfully ~roprlated for Its purpose by the State of florid. and
the Board of County Commissioners.
Palm Beach C~nty Departments will Issue Indivfdual hard copy ord.... againet this
conttact as your .uthorlzation to deliver. All Invoices must ref......... . unique
dOGUment number (e.,. CPQDO 180 XV0303O&OOOOGCI111 or CPOIDO 680
XY030301*1111). Failure to provide an order number With eectIlnvoIoe will .....It In a
cNI.Y in proeM.g payment..
tf pu have any quaetiona, ..... contact CoI.... CerdUIo at (561) 618....
Sincerely,
~~
DIntctor
c: Tom Landy, Parks & ReCNMIon
FIle
)f
BID RE-CAP SHEET
Form I-SBE
BID #: 05-074/MP TITLE: PLAYGROUND & PARK EQUIPMENT, TERM CONTRACT
". .
BUYER: COLLEEN CARDILLO
ACTION
DATE
INITIALS
ACTION
BID POSTED IN PURCHASING
POSTING REMOVED
DATE
INITIALS
BID OPENED
POSTING APPROVED
COpy TO BUYER ASSISTANT
FOR POSTING ON INTERNET
COPY TO OSBA, BUYER &
DEPT.
i{EY(S) FOR RECOMMENDATION: (PLEASE NOTE YOUR RECOMMENDATION BELOW)
(1) RECOMMENDED AWARD - LOWEST RESPONSIVE AND RESPONSIBLE BIDDER MEETING SPECIFICATIONS
(2) NO AWARD, RESPONSIVE AND RESPONSIBLE, BUT NOT BEST DISCOUNT MEETING SPECIFICATIONS
(3) NO AWARD, NOT RESPONSIVE ANDIOR RESPONSIBLE TO BID
(4) NOT EVALUATED
~REFERENCE CODES:
'LP" = LOCAL PREFERENCE (5%)
'SBE" = SBE RANKING (10%)
'NO LP" = MARTIN CO - NO "LP" APPLIED
Bl=L W~ llMdHSB, ~nd
.OT #1 - PURCHASE AND DELIVERY ONLY
TEM #1
vOb ~jI;1r adHS~. ~nd
LIST BIDDERS ALONG WITH PERCENTAGE IF PREFERENCE AWARD
MANUFACTURER(S) DISCOUNT NOTE: "LP" RECOMMENDATION
OFFERED OFFERED AND/OR "SBE" "KEY" ONLY
(SEE ABOVE)
SWARTZ ASSOCIATES. INC.
Recreation Creations 5% ( 1 )
SafePlaySystems 5% ( 1 )
Kay Park Recreations 5% . ( 1 )
PLAYMORE RECREATIONAL PRODUCTS &
SERVICES
Playworld Systems 10% ( 1 ) .,
PLAYSPACE SERVICES, INC.
BCI Burke 10% ( 1 )
PLAY IT SAFE ENTERPRISES, INC.
Sports Play Systems 4% LP ( 2 )
Playground Turf 1% ( 1 )
BLISS PRODUCTS & SERVICES. INC.
Little Tikes Playground by Playpower 4% ( 1 )
Icon Shetters 3% ( 1 )
Jayhawk Plastics 4% ( 1 )
Ultraplay Systems 5% ( 2 )
Waterworks 2% ( 1-=r
American Ramp 3% ( 1 )
SofSurfaces, Inc. 3% ( 1 )
Shade America 5% ( 1 )
Child Safe Safety Surface 1% ( 1 )
Fibar 2% ( 1 )
SID #05-074/MP
LOT #1 - PURCHASE AND DELIVERY ONLY
ITEM #1 (Cont'd.)
LIST BIDDERS ALONG WITH PERCENTAGE IF PREFERENCE AWARD
MANUFACTURER(S) DISCOUNT NOTE: "LP" RECOMMENDATION
OFFERED OFFERED AND/OR "SSE" "KEY" ONLY
(SEE ABOVE)
PLA YMAKER SERVICES, LLC
Playland 12% LP ( 1 )
PlayMart 12% ( 1 )
UltraPlay Systems 10% ( 1 )
Childforms 10% ( 1 )
Paris 10% ( 1 )
MIRACLE RECREATION EQUIPMENT CO.
Miracle Recreation Equipment 20% ( 1 )
AMERICAN PARK & PLAY, INC.
Park Structures 25% ( 1 )
Cascades Site Furnishing 20% ( 1 )
Shade Systems 10% ( 1 )
Berliner/Goric Playground 5% ( 1 )
Conlastic/Goric Playground 5% ( 1 )
..cONTRACT CONNECTION. INC. -
12%/
Y WOW Playgrounds ( 1 )
Wabash Valley 5% ( 1 )
Patterson-Williams - 5% ( 1 )
Poligon/Parasol 5% ( 1 )
Custom Design Precast 5% ( 1 )
Victor Stanley 5% ( 1 )
GT Grandstands 5% ( 1 )
Sof'Fall Surfacing 5% ( 1 )
WOW Shade Structures 5% ~ ( 1 )
Xtreme Skate Ramp 5% ( 1 )
1\ WaterPlay Water Park Equipment 5% ( 1 )
.- . ':;0' - ( 3* )
SOUTHERN PARK & PLAY SYSTEMS. INC.
Pilot Rock (RJ Thomas Mfg.) 5% ( 1 )
Interlock Concrete Products 7% ( 1 )
The Plastic Lumber Co. 5% ( 1 )
Clean City Squares & Fusion Coating 5% ( 1 )
UltraPlay Systems 5% ( 1 )
UntraCoat Site Amenities 5% ( 2 )
Sports Play 5% ( 1 )
Bison Team Sports 5% ( 1 )
Sugar Island Park & Playground 5% ( 1 )
Playland International 5% ( 2 )
Premier Poly Steel 5% ( 1 )
511 Childworks (Commercial Swing Parts) 5% ( 1 )
SII Childworks (Plastic & Play Components) 5% ( 1 )
511 Superior Shade 5% ( 3* )
Childforms 5% ( 2 )
Garicks Kidskarpet 5% ( 3* )
, Jaypro Sports Equipment 5% ( 1 )
BID #a~-07~/MP
LOT #1 - PURCHASE AND DELIVERY ONLY
ITEM #1 (Cont'd.)
LIST BIDDERS ALONG WITH PERCENTAGE IF PREFERENCE AWARD
MANUFACTURER(S) DISCOUNT NOTE: "LP" RECOMMENDATION
OFFERED OFFERED AND/OR "SBE" "KEY" ONLY
(SEE ABOVE)
SOUTHERN PARK & PLAY SYSTEMS, INC. (Cont'd)
AAI American Athletic (Basketball) 5% ( 1 )
AAI American Athletic (Volleyball) 5% ( 1 )
AAI American Athletic (Baseball) 5% ( 1 )
I AAI American Athletic (Gymnastics) 5% ( 1 )
AAI American Athletic (Mats-Shapes & Padding) 5% ( 1 )
AAI American Athletic (Cheerleading Equip) 5% ( 1 )
BPI International (Shade Shelters) 5% ( 3* )
BPI International (Golf Products) 5% ( 3* )
Fiberbuilt Umbrellas 5% ( 1 )
National Recreation Systems 5% ( 1 )
Americana Building Products 5% ( 1 )
Sportsign/Outpost 5% ( 1 )
Valley View Industries 5% ( 1 )
Steadfast Bridges 5% ( 3* )
Dynacushion Playmats 5% ( 1 )
Holstein Manufacturing 5% ( 1 )
SHADE SYSTEMS. INC.
Shade Systems, Inc. 0% ( 3***)
B.Y.O. PRODUCTS. INC.
B.Y.O. Playground 3% ( 3*-*)
RomperLand 3% ( 3**-)
SportsPlay Equipment 5.1% ( 3*-*)
PlayDesigns 3% ( 3****)
rEM #2 - LANDSCAPE STRUCTURES
LIST BIDDERS ALONG WITH PERCENTAGE IF PREFERENCE AWARD
MANUFACTURER(S) DISCOUNT NOTE: "LP" RECOMMENDATION
OFFERED OFFERED AND/OR "SBE" "KEY" ONLY
(SEE ABOVE)
LANDSCAPE STRUCTURES, INC. 4% ( 1 )
-EM #3 - OUTDOOR ALUMINUM
LIST BIDDERS ALONG WITH PERCENTAGE IF PREFERENCE AWARD
MANUFACTURER(S) DISCOUNT NOTE: "LP" RECOMMENDATION
OFFERED OFFERED AND/OR "SBE" "KEY" ONLY
(SEE ABOVE)
JUTDOOR ALUMINUM
:/0 DOMINICA RECREATION PRODUCTS, INC. 5% ( 1 )
BID #05-074/MP
LOT #1 . PURCHASE AND DELIVERY ONLY
ITEM #4 - NEVCO SCOREBOARD
LIST BIDDERS ALONG WITH PERCENTAGE IF PREFERENCE AWARD
MANUFACTURER{S) DISCOUNT NOTE: "LP" RECOMMENDATION
OFFERED OFFERED AND/OR "SBE" "KEY" ONLY
(SEE ABOVE)
NEVCO SCOREBOARD COMPANY 5% ( 1 )
ITEM #ft- GAMETIME
LIST BIDDERS ALONG WITH PERCENTAGE IF PREFERENCE AWARD
MANUFACTURER{S) DISCOUNT NOTE: "LP" RECOMMENDATION
OFFERED OFFERED AND/OR "SBE" "KEY" ONLY
(SEE ABOVE)
GAMETIME
c/o DOMINICA RECREATION PRODUCTS, INC. 5% ( 1 )
ITEM #6 - DUMOR, INC.
LIST BIDDERS ALONG WITH PERCENTAGE IF PREFERENCE AWARD
MANUFACTURER(S) DISCOUNT NOTE: "LP" RECOMMENDATION
OFFERED OFFERED AND/OR "SBE" "KEY" ONLY
(SEE ABOVE)
REP SERVICES, INC. 5% ( 1 )
lOT #2 - PURCHASE, DELIVERY & INSTALLATION
ITEM #1
LIST BIDDERS ALONG WITH PERCENTAGE IF PREFERENCE AWARD
MANUFACTURER{S) OFFERED NOTE: "lP" RECOMMENDATION
OFFERED ( + OR - ) AND/OR "SBE" "KEY" ONLY
(SEE ABOVE)
SWARTZ ASSOCIATES. INC.
Recreation Creations +20% ( 1 )
SafePlaySystems +20% ( 1 )
Kay Park Recreations +25% ( 1 )
PlAYMORE RECREATIONAL PRODUCTS &
SERVICES
Playworld Systems +20% ( 1 )
PLAYSPACE SERVICES. INC.
BCI Burke +17% ( 1 )
BID #O'S-074/MP
LOT #2 - PURCHASE, DELIVERY & INSTALLATION
ITEM #1 (Cont'd.)
LIST BIDDERS ALONG WITH PERCENTAGE IF PREFERENCE AWARD
MANUFACTURER(S) OFFERED NOTE: "LP" RECOMMENDATION
OFFERED ( + OR - ) AND/OR "SBE" "KEY" ONLY
(SEE ABOVE)
PLAY IT SAFE ENTERPRISES. INC.
Sports Play Systems +20% LP ( 2 )
Playground Turf +45% ( 1 )
BLISS PRODUCTS & SERVICES. INC.
Little Tikes Playground by Play power +25% ( 1 )
Icon Shelters +70% ( 1 )
Jayhawk Plastics +30% ( 1 )
Ultraplay Systems +22% ( 2 )
American Ramp +20% ( 1 )
SofSurfaces, Inc. +19% I ( 1 )
Child Safe Safety Surface + 0% ( 1 )
Fibar +46% ( 1 )
PLAVMAKER SERVICES. LLC
Playland +18% LP ( 1 )
PlayMart +18% ( 1 )
UltraPlay Systems +20% ( 1 )
Childforms +20% ( 1 )
Paris +20% ( 1 )
MIRACLE RECREATION EQUIPMENT CO.
Miracle Recreation Equipment + 5% ( 1 )
AMERICAN PARK & PLAY, INC.
Park Structures +10% ( 1 )
Cascades Site Furnishing +15% ( 1 )
Shade Systems +35% ( 1 )
Berliner/Goric Playground +25% ( 1 )
Conlas1icLGoric Playground +25% ( 1 )
.
-CONTRACT CONNECTION. INC. ~
WOW Playgrounds +30% ( 1 )
Wabash Valley +30% ( 1 )
Patterson-Williams +30% '\ ( 1 )
POligon/Parasol +30% ( 1 )
Custom Design Precast +30% ( 1 )
Victor Stanley +30% ( 1 )
GT Grandstands +30% ( 1 )
Sof'Fall Surfacing +30% ( 1 )
WOW Shade Structures +30% / ( 1 )
Xtreme Skate Ramp +30% ( 1 )
WaterPlay Water Park Equipment +30% ( 1 )
,- . __n i ->* '
\ ... ~, ...,'" 'u \ ,
"'~
BID #05-074/MP
LOT #2 - PURCHASE, DELlVERY& INSTALLATION
ITEM #1 (Cont'd.)
LIST BIDDERS ALONG WITH PERCENTAGE IF PREFERENCE AWARD
MANUFACTURER(S) OFFERED NOTE: "LP" RECOMMENDATION
OFFERED ( + OR - ) AND/OR "SBE" "KEY" ONLY
(SEE ABOVE)
SHADE SYSTEMS, INC.
Shade Systems, Inc. +200% ( 3***)
B.Y.O. PRODUCTS, INC.
B.Y.O. Playground +27% ( 3****)
RomperLand +27% ( 3****)
SportsPlay Equipment +27% ( 3****)
PlayDesigns +27% ( 3****)
ITEM #2 - LANDSCAPE STRUCTURES
LIST BIDDERS ALONG WITH PERCENTAGE IF PREFERENCE AWARD
MANUFACTURER(S) DISCOUNT NOTE: "LP" RECOMMENDATION
OFFERED OFFERED AND/OR "SBE" "KEY" ONLY
(SEE ABOVE)
LANDSCAPE STRUCTURES, INC. +27.6% ( 1 )
LEADEX CORP. +53% ( 2 )
ITEM #3 - OUTDOOR ALUMINUM
LIST BIDDERS ALONG WITH PERCENTAGE IF PREFERENCE AWARD
MANUFACTURER(S) DISCOUNT NOTE: "LP" RECOMMENDATION
OFFERED OFFERED AND/OR "SBE" "KEY" ONLY
(SEE ABOVE)
OUTDOOR ALUMINUM +30% - +45% ( 3***)
c/o DOMINICA RECREATION PRODUCTS, INC.
LEADEX CORP. +59% ( 3** )
ITEM #4 - NEVCO SCOREBOARD
LIST BIDDERS ALONG WITH PERCENTAGE IF PREFERENCE AWARD
MANUFACTURER(S) DISCOUNT NOTE: "LP" RECOMMENDATION
OFFERED OFFERED AND/OR "SBE" "KEY" ONLY
(SEE ABOVE)
LEADEX CORP. +67% ( 3** )
< .
..
610"#05-074/MP
LOT #2 - PURCHASE, DELIVERY & INSTALLATION
ITEM #5 - GAMETIME
LIST BIDDERS ALONG WITH PERCENTAGE IF PREFERENCE AWARD
MANUFACTURER(S) DISCOUNT NOTE: "LP" RECOMMENDATION
OFFERED OFFERED AND/OR "SBE" "KEY" ONLY
(SEE ABOVE)
GAMETIME
c/o DOMINICA RECREATION PRODUCTS, INC. +25% ( 1 )
LEADEX CORP. +56% ( 2 )
ITEM #6 - DUMOR, INC.
LIST BIDDERS ALONG WITH PERCENTAGE IF PREFERENCE AWARD
MANUFACTURER(S) DISCOUNT NOTE: "LP" RECOMMENDATION
OFFERED OFFERED AND/OR "SBE" "KEY" ONL Y
(SEE ABOVE)
REP SERVICES, INC. +24% ( 1 )
LEAD EX CORP. +55% (3** )
NON-RESPONSIVE KEY:
(3* ) - NON-~ESPONSIVE TO SPECIFICATIONS, CATALOG SECTION - DID NOT SUBMIT MANUFACTURER(S)
CURRENT PRICE L1ST(S)
( 3** ) - NON-RESPONSIVE TO TERM & CONDITION #7.B., QUALIFICATION OF BIDDERS - DID NOT SUBMIT
AUTHORIZATION LETTER(S) FROM MANUFACTURER(S)
( 3***) - NON-RESPONSIVE TO TERM & CONDITION #3.f. - CONDITIONED OFFER
( 3****) - NON-RESPONSIVE TO TERM & CONDITION #3.a. . SUBMISSION OF RESPONSES (Submitted offer on
own modified form)
l
B. ' i of(;ounty Commissioners
County Administrator
Tony Masilotti, Chairman
Addie L. Greene, Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
Robert Weisman
Purchasing Department
www.pbcgov.com/pur
BOARD OF COUNTY COMMISSIONERS
NOTICE OF SOLICITATION
BID #05-074/MP
PLAYGROUND AND PARK EQUIPMENT,
TERM CONTRACT
BID OPENING DATE: March 10.2005 AT 2:00 P.M.
It is the responsibility of the bidder to insure that all pages are included. Therefore, all bidders are advised
to closely examine this package. Any questions regarding the completeness of this package should be
immediately directed to Palm Beach County Purchasing Department (561) 616-6800.
It is requested that all bids be submitted in triplicate, one original and two copies.
BIDDERS SHALL SUBMIT, IN A SEALED PACKAGE OR CONTAINER, AT LEAST ONE ORIGINAL,
SIGNED IN INK BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR
FIRM. FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID.
Call Bid Hotline number 795-8080 (from Palm Beach County), 425-7420 (from Broward County), or 655-
4527 (from Dade County) or tune in to the Education and Government Television Cable Channel for a list
of additional advertised "Invitations for Bid" and "Requests for Proposal". The Bid Hotline also provides
updates on posted award recommendations. This same information, to include posted award information,
is available on our web site www.pbcgov.com/pur.
Protests can be accepted only during the five (5) business day posting period.
CAUTION
Amendments to this Invitation for Bid will be automatically sent only to those vendors'
who received this document directly from Palm Beach County Purchasing Department.
Palm Beach County shall not be responsible for the completeness of any Invitation for Bid
package not purchased directly from Palm Beach County Purchasing Department.
i
In accordance with the provisions of ADA, i
this document may be requested in an alternate format.
!
i
50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199
(561) 616-6800 FAX: (561) 616-6811
t-'age ~
BOARD OF COUNTY COMMISSIONERS
pahn Beach County
INVITATION FOR BID
BID NO: 05-074/MP BID TITLE: Playqround and Park Equipment. Term Contract
PURCHASING DEPARTMENT CONTACT: Mary Poritz, Buyer , TELEPHONE NO.:
FAX NO.: 561-242-6731 ,EMAIL ADDRESS: mporitz@co.palm-beach.fl.us
561-616-6831 ,
All bid responses must be received on or before March 10,2005 , prior to 2:00 p.m., Palm Beach County local time, at
which time all bids shall be publicly opened and read. SUBMIT BID TO: Palm Beach County Purchasing Department, 50
South Military Trail, Suite 110, West Palm Beach, Florida 33415-3199.
This Invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Attachments, Amendments (if issued),
and/or any other referenced document form a part of this bid solicitation and response thereto, and by reference are made a part thereof. The
selected awardee shall be bound by all terms, conditions and requirements in these documents.
PURPOSE AND EFFECT: It is the purpose and intent of this invitation to secure bids for item(s) and/or services as listed herein. The selected
awardee is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract.
GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS
GENERAL CONDITIONS
1. GENERAL INFORMATION
Bidders are advised that this package constitutes the complete
set of specifications, terms, and conditions which forms the
binding contract between Palm Beach County and the
successful bidder. Changes to this invitation for bid may be
made only by written amendment issued by the County
Purchasing Department. Bidders are further advised to closely
examine every section of this document, to ensure that all
sequentially numbered pages are present, and to ensure that it
is fully understood. Questions or requests for explanations or
interpretations of this document must be submitted to the
Purchasing Department contact in writinq in sufficient time to
permit a written response and., if required, will be provided to all
prospective bidders, prior to bid opening. Oral explanations or
instructions given by any County agent are not binding and
should not be interpreted as altering any provision of this
document. Bidder certifies that this bid is made without reliance
on any oral representations made by the County.
The obligations of Palm Beach County under this award are
subject to the availability of funds lawfully appropriated for its
ourpose.
2. LEGAL.REQUIREMENTS
a. COMPLIANCE WITH LAWS AND CODES: Federal, State,
County and local laws, ordinances, rules and regulations
that in any manner affect the items covered herein apply.
Lack of knowledge by the bidder shall in no way be a cause
for relief from responsibility. The successful bidder shall
strictly comply with Federal, State and local building and
safety codes. Equipment shall meet all State and Federal
Safety regulations. Bidder certifies that all products
(materials, equipment, processes, or other items supplied in
response to this bid) contained in its bid meets all O.S.HA,
ANSI, NFPA and all other Federal and State requirements.
Bidder further certifies that, if it is the successful bidder, and
the product delivered is subsequently found to be
deficient in any of the aforementioned requirements in
effect on date of delivery, all costs necessary to bring the
product into compliance shall be borne by the bidder.
In compliance with Chapter 442, Florida Statutes, any
toxic substance resulting from this bid shall be
accompanied by a properly completed Material Safety
Data Sheet (MSDS).
The Uniform Commercial Code (Florida Statutes, Chapter
672) shall prevail as the basis for contractual obligations
between the successful bidder and Palm Beach County
for any terms and conditions not specifically stated in the
Invitation for Bid.
b. DISCRIMINATION PROHIBITED: Palm Beach County
is comm itted to assuring equal opportunity in the award of
contracts and complies with all laws prohibiting
discrimination. The successful bidder is prohibited from
discriminating against any employee, applicant, or client
because of race, color, religion, disability, seK, age,
national origin, ancestry, marital status, or sexual
orientation.
c. INDEPENDENT CONTRACTOR RELATIONSHIP: The
successful bidder is, and shall be, in the performance of
all work, services, and activities under this Contract, an
Independent Contractor arid not an employee, agent, or
servant of the COUNTY. All persons engaged in any of
the work or services performed pursuant to this Contract
shall at all times, and in all places, be subject to the
successful bidder's sole; direction, supervision, and
control. The successful bidder shall exercise control over
the means and manner in which it and its employees
perform the work, and in all respects the successful
bidder's relationship, and the relationship of its
employees, to the COUNTY shall be that of an
. Independent Contractor and not as employees or agents of
the COUNTY. . .
d. CRIMINAL HISTORY RECORDS CHECK ORDINANCE:
Pursuant to Ordinance 2003-030, the Palm Beach County
Criminal History Records Check Ordinance ("Ordinance"),
the County shall conduct fingerprint based criminal history
record checks on all persons not employed by the County
who repair, deliver, or provide goods or services for, to, or
on behalf of the County. A fingerprint based criminal history
record check shall be conducted on all employees and
subcontractors of vendors, including repair persons and
delivery persons, who are unescorted when entering a
facility determined to be critical to the public safety and
security of the County. County facilities that require this
heightened level of security are identified in Resolution R-
2003-1274, as may be amended. The bidder is solely
responsible for understanding the financial, schedule, and
staffing implications of this Ordinance. Further, the bidder
acknowledges that its bid price includes any and all direct or
indirect costs associated with compliance of this Ordinance,
except for the applicable FDLE/FBI fees that shall be paid
by the County.
e. PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm
Beach County to notify all bidders of the following: "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 with a public entity for the
construction or repair of a public building or 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
F.S. 287.017 for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted
vendor list."
NON-COLLUSION: Bidder certifies that it has entered into
no agreement to commit a fraudulent, deceitful, unlawful, or
wrongful act, or any act which may result in unfair
advantage for one or more bidders over other bidders.
Conviction for the Commission of any fraud or act of
collusion in connection with any sale, bid, quotation,
proposal or other act incident to doing business with Palm
Beach County may result in permanent debarment.
No premiums, rebates or gratuities are permitted; either
with, prior to or after any delivery of material or provision of
services. Any such violation may result in award
cancellation, return of materials, discontinuation of services,
removal from the vendor bid list(s), and/or debarment or
. suspension from doing business with Palm Beach County.
I. LOBBYING: Bidders are advised that the "Palm Beach
County Lobbyist Registration Ordinance" prohibits a bidder
or anyone representing the bidder from communicating with
any County Commissioner, County Commissioner's staff, or
any employee authorized to act on . behalf of the
Commission to award a particular contract regarding its bid,
Le., a "Cone of Silence".
I'"'"0ge ..J
The "Cone of Silence" is in effect from the date/time of the
deadline for submission of the bid, and terminates at the
time that the Board of COUr.:lty' Commissioners, or a
County Department authorized to act on their behalf,
awards or approves a contract, rejects all bids, or
otherwise takes action which ends the solicitation
process.
Bidders may, however, contact any County
Commissioner, County Commissioner's staff, or any
employee authorized to act on behalf of the Commission
to award a particular contract, via written communication
Le., facsimile, e-mail or U.S. mail.
Violations of the "Cone of Silence" are punishable by a
fine of $250.00 per violation.
h. CONFLICT OF INTEREST: All bidders shall disclose
with their bid the name of any officer, director, or agent
who is also an employee or a relative of an employee of
Palm Beach County. Further, all bidders shall disclose
the name of any County employee or relative of a County
employee who owns, directly or indirectly, an interest of
ten percent or more in the bidder's firm or any of its
branches.
i. SUCCESSORS AND ASSIGNS: The COl,lnty and the
successful bidder each binds itself and its successors and
assigns to the other party in respect to all provisions of
this Contract. Neither the County nor the successful
bidder shall assign, sublet, conveyor transfer its interest
in this Contract without the prior written consent of the
other.
j. INDEMNIFICATION: Regardless of the coverage
provided by any insurance, the successful bidder shall
indemnify, save harmless and defend the County, its
agents, servants, or employees from and against any and
all claims, liability, losses and/or causes of action which
may arise from any negligent act or omission of the
successful bidder, its subcontractors, agents, servants or
employees during the course of performing services or
caused by the goods provided pursuant to these bid
documents and/or resultant contract.
k. PUBLIC RECORDS: Any material submitted in response
to this invitation for bid is considered a public document
in accordance with Section 119.07, F.S. This includes
material which the responding bidder might consider to be
confidential or a trade secret. Any claim of confidentiality
is waived upon submission, effective after opening
pursuant to Section 119.07, F.S.
I. INCORPORATION, PRECEDENCE. JURISDICTION:
This Invitation for Bid shall be included and incorporated
in the final award. The order of contractual precedence
shall be the bid document (original terms and conditions),
bid response, and purchase order or term contract order.
Any and all legal action necessary to enforce the award
or the resultant contract shall be held in Palm Beach
County and the contractual obligations shall be
interpreted according to the laws of Florida.
m. LEGAL EXPENSES: The County shall not be liable to a
bidder for any legal fees, court costs, or other legal
expenses arising from the interpretation or enforcement of
this contract, or from any other matter generated by or
relating to this contract.
3. BID SUBMISSION
a. SUBMISSION OF RESPONSES: All bid responses must
be submitted on the provided Invitation for Bid
"Response" Form. Bid responses on vendor
letterhead/quotation forms shall not be accepted.
Responses must be typewritten or written in ink, and
must be signed in ink by an agent of the company having
authority to bind the company or firm. FAILURE TO SIGN
THE BID RESPONSE FORM AT THE INDICATED
PLACES SHALL BE CAUSE FOR REJECTION OF THE
BID. Bid responses are to be submitted to the Palm Beach
County Purchasing Department no later than the time
indicated on the solicitation preamble, and must be
submitted in a sealed envelope or container, which should
have the enclosed address label affixed and bearing the bid
number.
b. CERTIFICATIONS. LICENSES AND PERMITS: Unless
otherwise directed in sub-paragraph d. (Local Preference)
or the Special Conditions of this bid, bidder should include
with its bid a copy of all applicable Certificates of
Competency issued by the State of Florida or the Palm
Beach County Construction Industry Licensing Board in the
name of the bidder shown on the bid response page. It shall
also be the responsibility of the successful bidder to submit,
prior to commencement of work, a current Occupational
License for Palm Beach County and all permits required to
complete this contractual service at no additional cost to
Palm Beach County. A Palm Beach County Occupational
license is reql,lired unless specifically exempted by law. In
lieu of a Palm Beach County occupational license, the
bidder should include the current occupational license
issued to the bidder in the response. It is the responsibility
of the successful bidder to ensure that all required
certifications, licenses and permits are maintained in force
and current throughout the term of the contract. Failure to
meet this requirement shall be considered default of
contract.
.. SSE SID DOCUMENT LANGUAGE
Item 1 - Policy
It is the policy of the Board of County Commissioners of
Palm Beach County, Florida, that SBE(s) have the
maximum practical opportunity to participate in the
competitive process of supplying goods and services to the
County. To that end, the Board of County Commissioners
established Ordinance No. 2002-064, which sets forth the
County's requirements for the SBE program, and are
incorporated in this solicitation. Compliance with the
requirements contained in this section shall result in a bidder
being deemed responsive to SBE requirements. The
provisions of this Ordinance are applicable to this
solicitation, and shall have precedence over the provisions
of this solicitation in the event of a conflict.
rdYt:l <+
Although preferences will not be extended to certified
M/WBEs, unless otherwise provided by law, businesses
eligible for certification as an .M/WBE are encouraged to
maintain their certification in order to assist in the tracking
of M/WBE availability and awards of contracts to
M/WBEs. This information is vital to determining whether
race and gender neutral programs assist M/WBE firms or
whether race and gender preferences are necessary in
order to address any continued discrimination in the
market.
Item 2 - SBE Goals
The County has established a minimum goal of 15% SBE
participation for all County solicitations. This goal is a
minimum, and no rounding shall be accepted.
Item 3 - RankinQ of Responsive Bidders
Bidders who meet the SBE goal shall be deemed to be
responsive to the SBE requirement. When evaluating
competitive bids of up to one million dollars ($1,000,000)
in which the apparent low bidder is determined to be non-
responsive to the SBE requirement, the contract shall be
awarded to the low bidder responsive to the SBE
requirement, or, in the event there are no bidders
responsive to the SBE requirement, to the bidder with the
greatest SBE participation in excess of seven percent
(7%) participation, as long as the bid does not exceed the
low bid amount by ten percent (10%).
In cases where the low bid exceeds one million dollars
($1,000,000), the contract shall be awarded to the low
bidder responsive to the SBE requirements, or, in the
event there are no bidders responsive "to the SBE
requirements, to the bidder with the greatest SBE
participation in excess of seven percent (7%)
participation, provided that such bid does not exceed the
low bid otherwise responsive to the bid requirements by
more than one hundred thousand dollars ($100,000) plus
three percent (3%) of the total bid in excess of one million
dollars ($1,000,000).
Item 4 - Bid Submission Documentation
SBE bidders, bidding as prime contractors, are advised
that they must complete Schedule 1 listing the work to be
performed by their own workforce as well as the work to
be performed by any SBE or M/WBE subcontractor.
Failure to include this information on Schedule 1 will
result in the participation by the SBE prime bidders own
workforce NOT being counted towards meeting the SBE
goal. This requirement applies even if the SBE contractor
intends to perform 100% 9f the work with their own
workforce. Bidders are required to submit with their bid
the appropriate SBE-M/WBE schedules in order to be
deemed responsive to the. SBE requirements. SBE-
M/WBE documentation to be submitted is as follows:
Schedule 1 - List of Proposed SSE and M/WBE Prime
Subcontractors
This list shall contain the names of all SBE and M/WBE
subcontractors intended to be used in performance of the
contract, if awarded. The type of work to be performed by
each subcontractor and the dollar value or percentage shall
also be specified. This schedule shall also be used if an
SBE prime bidder is utilizing ANY subcontractors.
Schedule's) 2 - Letter's) of Intent to Perform as an SBE
or MIWBE Subcontractor
One Schedule 2 for each SBE and M/WBE Subcontractor
listed on Schedule 1 shall be completed and executed by
the proposed SBE and MfWBE Subcontractor. Additional
copies may be made as needed.
Item 5 - SBE Certification
Only those firms certified by Palm Beach County at the
time of bid opening shall be counted toward the established
SBE goals. Upon receipt of a complete application, IT
TAKES UP TO SIXTY (60) DAYS TO BECOME
CERTIFIED AS AN SBE WITH PALM BEACH COUNTY.
. It is the responsibility of the bidder to confirm the
certi.fication of any proposed SBE; therefore, it is
recommended that bidders contact the OSBA at (561) 616-
6840 to verify certification.
Item 6 - CountinQ SBE Participation (and MIWBE
Participation for TrackinQ Purposes)
6.1 Once a firm is determined to be an eligible SBE
according to the Palm Beach County certification
procedures, the County or the Prime may count toward its
SBE goals only that portion of the total dollar value of a
contract performed by the SBE.
6.2 The total dollar value of a contract with an eligible
SBE may be counted toward the goal.
6.3 The County may count toward its SBE goals the
total value of a contract awarded to an eligible SBE firm
that subsequently is decertified or whose certification has
expired after a contract award date or during the
performance of the contract.
6.4 The County or Prime may count toward its SBE
goal a portion of the total dollar value of a contract with a
joint venture, eligible under the standards for certification,
equal to the percentage of the ownership and control of the
SBE partner in the joint venture.
6.5 The County or Prime may count toward its SBE
goal the entire expenditures for materials and equipment
purchased by an SBE subcontractor, provided that the SSE
subcontractor has the responsibility for the installation of
the purchased materials and equipment.
6.6 The County or Prime may count the entire expenditure
to an SBE manufacturer (Le., a supplier that produces
goods from raw materials or substantially alters the goods
before resale).
t-'age b
6.7 The County or Prime may count sixty percent (60%)
of its expenditure to SBE suppliers that are not
manufacturers,
6.8 The County or Prime may count toward its SBE
goal second and third tiered SBE subcontractors,
provided that the Prime identifies the SBE
subcontractors as second and third tier subs in their bid
submittal.
Item 7 - Responsibilities After Contract Award
All bidders hereby assure that they shall meet the SBE
participation percentages submitted in their respective
bids with the subcontractors contained on Schedules 1
& 2 and at the dollar values specified. Bidders agree to
provide any additional information requested by the
County to substantiate participation.
The successful bidder shall submit an SBE-M/WBE
Activity Form (Schedule 3) and SBE-M/WBE Payment
Certification Forms (Schedule 4) with each payment
application. Failure to provide these forms may result in
a delay in processing payment or disapproval of the
invoice until they are submitted. The SBE-M/WBE
Activity Form is to be filled out by the Prime Contractor
and the SSE-M/WBE Payment Certification Forms are to
be executed by the SBE or M/WBE firm to verify receipt
of payment.
Item 8 - SBE Substitutions
After contract award, the successful bidder shall only be
permitted to replace a certified SBE subcontractor who
is unwilling or unable to perform. Such substitution must
be done with other certified SBEs in order to maintain
the SSE percentages submitted with the bid. Requests
for substitutions must be submitted to the Department
issuing the bid and th'e OSBA.
Note: Where there is a conflict between the Local
Preference Ordinance and the SBE Ordinance, the SBE
Ordinance shall prevail.
d. LOCAL PREFERENCE: In accordance with the Palm
Beach County Local Preference Ordinance, a pre~erence
will be given to bidders who have a permanent place of
business in Palm Beach County and who hold a valid
occupational license issued by the County that
authorizes the bidder to provide the goods or services to
be purchased. Local preference means that ifthe lowest
responsive, responsible bidder is a regional or non-local
business, then all bids (received from responsive,
responsible local bidders ~re decreased by 5%. The
original bid amount is not changed; the 5% decrease is
calculated only for the purposes of determining local
preference. To receive a local preference, a bidder must
have a permanent place of ~usiness in existence prior to
the County's issuance of this Notice of
Solicitation/Invitation for Bid. Prior to the County's
issuance means the date that the Notice of
Solicitation/Invitation for Bid was advertised in the Palm
'Beach Post. A permanent place of business means that
the bidder's headquarters is located in Palm Beach County;
or, the bidder has a permanent office or other site in Palm
Beach County where the bidder will produce a substantial
portion of the goods or services to be purchased. A valid
occupational license issued by the Palm Beach County Tax
Collector shall be used to verify that the bidder had a
permanent place of business prior to the issuance of this
Notice of Solicitation/Invitation for Bid. A Palm Beach
County Occupational license is required unless specifically
exempted by law. In lieu of a Palm Beach County
occupational license, the bidder shall include the current
occupational license issued to the bidder in the response.
Please note that the bid submitted to Palm Beach County
must be from an address located within Palm Beach
County in order for local preference to apply. The bidder
must submit the attached "Certification of Business
Location" along with a copy of the bidder's occupational
license at the time of bid swbmission. Failure to submit this
information shall cause the bidder to not receive a local
preference. Palm Beach ,County may require a bidder to
provide additional information for clarification purposes at
any time prior to the award of the contract.
e.
DRUG FREE WORKPLACE CERTIFICATION: In
compliance with Florida Statute (Section 287.087) attached
form "Drug-Free Workplace Certification" should be fully
executed and submitted with bid response in order to be
considered for a preference whenever two (2) or more bids
which are equal with respect to price, quality, and service
are received by Palm Beach County.
f.
CONDITIONED OFFERS: Bidders are cautioned that any
condition, qualification, provision, or comment in their bid,
or in other correspondence transmitted with their bid, which
in any way modifies, takes exception to, or is inconsistent
with the specifications, requirements, or any of the terms,
conditions, or provisions of this solicitation, is sufficient
cause for the rejection of their bid as non-responsive.
g.
PRICING:
(1) Prices offered must be the price for new
merchandise and. free from defect. Unless
specifically requested in the bid specifications, any
bids containing mbdifying or escalation clauses
shall be rejected. '
(2) Bidder warrants by virtue of bidding that prices shall
remain firm for a period of ninety (90) days from the
date of bid opening or other time stated in special
conditions.
(3) In the event of mathematical error(s), the unit price
shall prevail and the bidder's total offer shall be
corrected accordingly. BIDS HAVING ERASURES
OR CORRECTIONS MUST BE INITIALED IN INK
BY THE BIDDER PRIOR TO BID OPENING. IF
THE CORRECTION IS NOT PROPERLY
INITIALED, OR IF THE INTENT OR LEGIBILITY
OF THE CORRECTION IS NOT CLEAR, THE BID
SHALL BE REJECTED.
(4) Bidders may offer a cash discount for prompt
payment. However, such discounts shall not be
considered in determining the lowest net cost for
n:tyt::o
bid evaluation purposes unless otherwise
specified in the special conditions. Bidders
should reflect any dis~Ol.mts to be considered in
the unit prices bid.
h. SUBMITTING NO BID or NO CHARGE: Bidders not
wishing to bid on some items sought by this solicitation
should mark those items as "no bid." If some items are
to be offered at no charge, bidders should mark those
items as "no charge." Items left blank shall be
considered a "no bid" for that item, and the bid shall be
evaluated accordingly. Bidders who do not wish to
submit bids on any item in this solicitation, should return
a "Statement of No Bid" in an envelope plainly marked
with the bid number and marked "NO BID."
i. ACCEPT ANCE/REJECTION OF BIDS: Palm Beach
County reserves the right to accept or to reject any or all
bids. Palm Beach County also reserves the right to (1)
waive any non-substantive irregularities and
technicalities; (2) reject the bid of any bidder who has
previously failed in the proper performance of a contract
of a. similar nature, who has been suspended or
debarred by another governmental entity, or who is not
in a position to perform properly under this award; and
(3) inspect all facilities of bidders in order to make a
determination as to its ability to perform.
Palm Beach County reserves the right to reject any offer
or bid if the prices for any line items or subline items are
materially unbalanced. An offer is materially unbalanced
if it is mathematically unbalanced, and if there is reason
to believe that the offer would not result in the lowest
overall cost to the County, even though it is the lowest
evaluated offer. An offer is mathematically unbalanced
if it is based on prices which are significantly less than
fair market price for some bid line item and significantly
greater than fair market price for other bid line it.ems.
Fair market price shall be determined based on industry
standards, comparable bids or offers, existing contracts,
or other means of establishing a range of current prices
for which the line items may be obtained in the market
place. The determination of whether a particular offer or
bid is materially unbalanced shall be made in writing by
the Purchasing Director, citing the basis for the
determination.
j. NON-EXCLUSIVE: The County reserves the right to
acquire some or all of these goods and services through
a State of Florida contract under the provisions of
Section 287.042, Florida Statutes, provided the State of
Florida contract offers a lower price for the same goods
and services. This reserv~tion applies both to the initial
award of this solicitation and to acquisition after a term
contract may be awarded. Additionally, Palm Beach
County reserves the right ;to award other contracts for
goods and services falling within the scope of this
solicitation and resultant contract when the specifications
differ from this solicitation! or resultant contract, or for
goods and services specified in this solicitation when the
scope substantially differs from this solicitation or
resultant contract.
k. . OFFER EXTENDED TO OTHER GOVERNMENTAL
ENTITIES: Palm Beach County encourages and agrees to
the successful bidder extending the pricing, terms and
conditions of this solicitation or resultant contract to other
governmental entities at the discretion of the successful
bidder.
I. PERFORMANCE DURING EMERGENCY: By submitting
a bid, bidder agrees and promises that, during and after a
public emergency, disaster, hurricane, flood, or acts of
God, Palm Beach County shall be given "first priority" for all
goods and services under this contract. Bidder agrees to
provide all goods and services to Palm Beach County
throughout the emergency/disaster at the terms, conditions,
and prices as provided in this solicitation, and with a priority
above, a preference over, sales to the private sector.
Bidder shall furnish a 24-hour phone number to the County
in the event of such an emergency. Failure to provide the
stated priority/preference. during an emergency/disaster
shall constitute breach of contract and make the bidder
subject to sanctions from further business with the County.
4. BID OPENING/AWARD OF BID
a. OBSERVING THE PUBLISHED BID OPENING TIME:
The published bid opening time shall be scrupulously
observed. It is the sole responsibility of the bidder to
ensure that their bid arrives in the Purchasing Department
prior to the published bid opening time. Any bid delivered
after the precise time of bid opening shall not be
considered, and shall be returned to the bidder unopened
if bidder identification is possible without opening. Bid
responses by telephone, telegram, orfacsimile shall not be
accepted. Bidders shall no.t be allowed to modify their bids
after the published bid opening time.
b. POSTING OF AWARD RECOMMENDATION:
Recommended awards shall be publicly posted for review,
at the Purchasing Departl'f'lent prior to final approval, and
shall remain posted for a period of five (5) business days.
Bidders desiring a copy of the bid posting summary may
request same by enclosirng a self-addressed, stamped
envelope with their bid. (NOTE: As a service to bidders,
the County provides an unofficial list of award postings on
our web site at www.pbcQov.com/pur and on our bid hot-
line, telephone 561-795-8080. These listings are updated
weekly, normally on Friday. If any discrepancy between
these listings and the official posting in the Purchasing
Department, the latter shall prevail.)
c. PROTEST PROCEDURE: Protest procedures are
provided in the Palm Beach County Purchasing Code.
Protests must be in writing, addressed to the Director of
Purchasing, identify the solicitation, specify the basis for
the protest, and be received by the Purchasing Department
within five (5) business days of the posting date of the
recommended award. The protest is considered filed when
it is received by the Purchasing Department. Failure to file
protest as outlined in the Palm Beach County Purchasing
Code shall constitute a waiver of proceedings under the
referenced County Code.
,...age (
5. CONTRACT ADMINISTRATION
a. DELIVERY AND ACCEPT ANOE: Deliveries of all items
shall be made as soon as possible. Deliveries resulting
from this bid are to be made during the normal working
hours of the County. Time is of the essence and
delivery dates must be met. Should the successful
bidder fail to deliver on or before the stated dates, the
County reserves the right to CANCEL the order or
contract and make the purchase elsewhere. The
successful bidder shall be responsible for making any
and all claims against carriers for missing or damaged
items.
Delivered items shall not be considered "accepted" until
an authorized agent for Palm Beach County has, by
inspection or test of such items, determined that they
appear to fully comply with specifications. The Board of
County Commissioners may return, at the expense of
the successful bidder and for full credit, any item(s)
received which fail to meet the County's specifications or
performance standards.
b. FEDERAL AND STATE TAX: Palm Beach County is
exempt from Federal and State taxes. The authorized
agent for Purchasing shall provide an exemption
certificate to the successful bidder, upon request.
Successful bidders are not exempted from paying sales
tax to their suppliers for materials to fulfill contractual
obligations with the County, nor are successful bidders
authorized to use the County's Tax Exemption Number
in securing such materials.
c. PAYMENT: Payment shall be made by the County after
commodities/services have been received, accepted and
properly invoiced as indicated in the contract and/or
order. Invoices must bear the order number. The
Florida Prompt Payment Act is applicable to this
solicitation.
d. CHANGES: The Director of Purchasing, Palm Beach
County, by written notification to the successful bidder
may make minor changes to the contract terms. Minor
changes are defined as modifications which do not
significantly alter the scope, nature, or price of the
specified goods or services. Typical minor changes
include. but are not limited to, place of delivery, method
of shipment, minor revisions to customized work
specifications, and administration of the contract. Th~
successful bidder shall not amend any provision of the
contract without written notification to the Director of
Purchasing, and written acceptance from the Director of
Purchasing or the Board 9f County Commissioners.
e. EQUITABLE ADJUSTMENT: The County may, in its
sole discretion, make an: equitable adjustment in the
Contract terms and/or priCing if pricing or availability of
supply is affected by extr~me and unforeseen volatility
. in the marketplace, that is; by circumstances that satisfy
all the following criteria: (1) the volatility is due to causes
wholly beyond the successful bidder's control, (2) the
volatility affects the marketplace or industry, not just the
particular successful bidder's source of supply, (3) the
I-'age 8
. effect on pricing or availability of supply is substantial, and
(4) the volatility so affects the successful bidder that
continued performance of the Contract would result in a
substantial loss.
Note: Any adjustment would require irrefutable evidence
and written approval by the Director of Purchasing.
f. DEFAULT: The County may, by written notice of default to
the successful bidder, terminate the contract in whole or in
part if the successful bidder fails to satisfactorily perform
any provisions of this solicitation or resultant contract, or
fails to make progress so as to endanger performance
under the terms and conditions of this solicitation or
resultant contract, and does not remedy such failure within
a period of 10 days (or such period as the Director of
Purchasing may authorize in writing) after receipt of notice
from the Director of Purchasing specifying such failure. In
the event the County terminates this contract in whole or in
part because of default of the successful bidder, the County
may procure goods and/or services similar to those
term inated, and the successful bidder shall be liable for any
excess costs incurred due to this action.
If it is determined that the successful bidder was not in
default or that the default was excusable (e.g., failure due
to causes beyond the control of, or without the fault or
negligence of, the successful bidder), the rights and
obligations of the parties shall be those provided in Section
59, "Termination for Convenience."
g. TERMINATION FOR CONVENIENCE: The Director of
Purchasing may, whenever the interests of the County so
require, terminate the contract, in whole or in part, for the
convenience of the County. The Director of Purchasing
shall give written notice of termination to the successful
bidder, specifying the portions of the contract to be
terminated and when the termination becomes effective.
If only portions of the contract are terminated, the
successful bidder has the right to withdraw, without
adverse action, from the entire contract.
Unless directed differently in the notice of termination, the
successful bidder shall incur no further obligations in
connection with the terminated work, and shall stop work to
the extent specified and on the date given in the notice 'of
termination. Additionally, unless directed differently, the
successful bidder shall terminate outstanding orders and/or
subcontracts related to the terminated work.
THIS IS THE END OF "GENERAL CONDITIONS."
SPECIAL CONDITIONS
~ ,.
'. GENERAL/SPECIAL CONDITION PRECEDENCE
1 the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have
recedence.
I o~:fc:; 0
7. QUALIFICATION OF BIDDERS
This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the goods and/or service specified.
The bidder shall, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance
record. Such information may include an adequate financial statement of resources, the abilityto complywith required or proposed
delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience,
accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under
applicable laws and regulations.
The bidder should submit the following information with their bid response; however, if not included, it shall be the responsibility
of the bidder to submit all evidence, as solicited, within a time frame specified by the County (normally within two working days
of request). Failure of a bidder to provide the required information within the specified time frame is considered sufficient cause
for rejection of their bid. Information submitted with a previous bid shall not satisfy this provision.
A. List a minimum of three (3) references in which similar goods and/or services have been provided within the past
three (3) years including scope of work, contact names, addresses, telephone numbers and dates of service.
A contact person shall be someone who has personal knowledge of the bidder's performance for the specific
requirement listed. Contact person must have been informed that they are being used as a reference and that
the County may be calling them. DO NOT list persons who are unable to answer specific questions regarding
the requirement.
B. The bidder, if not the manufacturer, must provide written evidence, from the manufacturer, which states that
the bidder is an authorized dealer/distributorlreseller of the manufacturer.
8. CRIMINAL HISTORY RECORDS CHECK
This solicitation includes sites and/or buildings which have been designated as "critical facilities" pursuant to Ordinance 2003-030
and Resolution R~2003-127 4, as may be amended. Therefore, prior to the award of any contract, the recommended awardee(s)
must comply with all the requirements of this solicitation, i.e. Criminal History Records Check Ordinance. County staff representing
the user Department will contact the recommended awardee(s) and provide additional instructions for meeting the requirements
of this Ordinance. A contract shall not be awarded unless the recommended awardee meets the requirements established by the
Electronic Services and Security Division of the Facilities Development and Operations Department.
9. AWARD (ITEM-BY-ITEM)
Palm Beach County shall award this bid to the lowest,responsive, responsible bidder on an item-by-item basis. The County
reserves the right to reject bids which would result in an award which is financially disadvantageous to the County. An award may
be considered financially disadvantageous when it would result in an award to a bidder for less than $1,000, orwhen it would result
in awards of multiple small fragments. This policy is predicated on avoidance of increased administrative costs and operational
complexity.
10. CATALOGS. MANUFACTURER SUGGESTED RETAIL PRICES lMSRP). ETC.
Upon request, the successful bidder shall supply at no charge current catalogs and/or MSRP's for all awarded manufacturers.
The successful bidder shall up-date and -keep all catalogs and MSRP's current throughout the term of the contract. When a
-evision to the manufacturer's catalog and/or MSRP occurs which includes the addition of new products within the scope of this
30licitation, the discount and net price of the new products must be equal to or better than the discount and price of items originally
ncfuded in this solicitation.
Jpon award, the successful bidder shall supply one copy of the appropriate catalog(s) and/or MSRP to:
Palm Beach County Finance Department
Supervisor, Pre-Audit Division
P.O. Box 4036
West Palm Beach, Florida 33402-4036
(561) 355-3011
~ote: All Catalogs and/or MSRP's shall clearlv identify the term contract number and the successful bidder's name, address and
elephone number. Additionally, catalogs and/or MSRP's created by the bidder, if not the manufacturer, will not satisfy this
equirement.
Page 10
11. INVOICES
When invoicing the County for goods purchased under this solicitation, the successful bidder must provide complete, accurate
invoices which must include for every item purchased, a unique catalog number, a definitive description, the catalog price, and
the invoiced price. If the applicable catalog does not provide unique numbers, the description of the item must be sufficiently
accurate to specifically identify the goods provided to the County.
12. AUDIT
All items sold to Palm Beach County as a result of this bid award are subject to post sale audit adjustment. In the event an audit
indicates the successful bidder has not honored quoted price lists and discounts (+ plus or - minus), the successful bidder shall
be liable for any and all overage charges, and may be considered in default of this contract.
13. . METHOD OF ORDERING (TERM CONTRACT)
A contract shall be issued for a term of eiqhteen (18) months or until the estimated amount is expended, at the discretion of the
County. The County will order on an "as needed" basis.
14. DELIVERY - PURCHASE ONLY
Delivery shall be required within sixty (60) calendar days after receipt of purchase order or term contract delivery order (DO) unless
a modified delivery date has been requested by the successful bidder and approved in writing by the Purchasing Department or
the designated County representative. Failure of the successful bidder to perform to the delivery requirement is sufficient cause
for default and termination of the contract.
15. TIME FOR COMPLETION I DELIVERY I INSTALLATION
Bidder acknowledges and agrees that the time of completion/delivery is an essential condition of this contract.
By submitting a bid response, bidder, if awarded contract, agrees to begin work not later than fourteen (14) days after notification,
and to prosecute the work uninterrupted in such a manner, with sufficient labor, equipment and/or materials so as to ensure its
completion within ninety (90) days after starting work.
16. AS SPECIFIED
A purchase order or term contract delivery order (DO) will be issued to the successful bidder with the understanding that all items
delivered must meet the specifications herein. Palm Beach County will return, at the expense of the successful bidder, items not
delivered as specified.
At the option of Palm Beach County, item( s) from any delivery may be submitted to an independent testing laboratory to determine
conformity to respective specifications. Bidders shall assume full responsibility for payment of any and all charges for testing and
analysis of any product offered or delivered that does not conform to the minimum required specifications.
17. ESTIMATED EXPENDITURES
The anticipated term of the contract to be awarded as a result of this bid is for eiqhteen (18) months. The anticipated value during
the contract term is $950,000. Palm Beach County reserves the right to increase or decrease the anticipated value as necessary
to meet actual requirements, and.to rebid for the contracted goods and services at any time after the anticipated value of this
:ontract has been reached, notwithstanding that the anticipated term has not been completed.
18. RENEWAL OPTION
I
The successful bidder shall be awarded a contract for 18 months with the option to renew for one (1) additional 18 month periods.
The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices
3dhered to with no deviations. Any renewal shall be subject to the appropriation of funds by the Board of County Commissioners.
19. WARRANTY (LOT I ONLY)
rhe successful bidder shall furnish factory/manufacturer warranty on all equipment furnished hereunder against defect in materials
md/or workmanship. The factory/manufacturer warranty shall become effective on the date of delivery and acceptance by Palm
3each County. Should any defect in materials or workmanship, excepting ordinary wear and tear, appear during the above stated
varranty period, the successful bidder shall repair or replace same at no cost to Palm Beach County.
rdyt::: I I
W. WARRANTY (LOT II ONLY)
... ..
fhe successful bidder shall fully warrant all equipment furnished hereunder against defect in materials and/or workmanship for
3 period of twelve (12) months from date of delivery, installation and acceptance by Palm Beach County. Should any defect in
Tlaterials or workmanship, excepting ordinary wear and tear, appear during the above stated warranty period, the successful
)idder shall repair or replace same at no cost to Palm Beach County, immediately upon written notice from the Director of
Purchasing.
21. WORK SITE SAFETY/SECURITY
The successful bidder shall at all times guard against damage or loss to the property of Palm Beach County, the bidder's own
property, and/or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage. When
applicable, the successful bidder shall provide fences, signs, barricades, flashing lights, etc. necessary to protect and secure the
work site(s) and insure that all County, State of Florida, OSHA, and other applicable safety regulations are met. Additionally,
successful bidder shall provide for the prompt removal of all debris from Palm Beach County property. Palm Beach County may
withhold payment or make such deductions as deemed necessary to ensure reimbursement or replacement for loss or damage
to property through negligence of the successful bidder or its agents.
22. INSURANCE REQUIRED - LOT I ONLY (PURCHASE/DELIVERY)
It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance coverage
to Palm Beach County, c/o Purchasing Department, Attention Insurance/Buyer Assistant, 50 South Military Trail, Suite 110, West
Palm Beach, Florida 33415. During the term of the Contract and prior to each subsequent renewal thereof, the successful bidder
shall provide this evidence to the County prior to the expiration date of each and every insurance required herein.
Commercial General Liability Insurance. Successful bidder shall maintain Commercial General Liability Insurance, or similar form,
at a limit of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage Liability.
Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Personal
Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of
explosion, collapse and underground property damage (X-C-U) must also be included when applicable to the work to be
performed.
Business Auto Liability Insurance. Successful bidder shall maintain Business Auto Liability Insurance at a limit of liability not less
than $500,000 Combined Single Limit Each Accident for all owned, non-owned, and hired automobiles. (In this context, the term
"Autos" is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public roads.) In the event
successful bidder neither owns nor leases automobiles, the Business Auto Liability requirement shall be amended allowing
successful bidder to maintain only Hired & Non-Owned auto Liability. This amended requirement may be satisfied by way of
endorsement to the Commercial General Liability, or separate Business Auto coverage form.
Workers' Compensation and Employer's Liability Insurance. Successful bidder shall maintain Workers' Compensation &
Employer's Liability Insurance in accordance with Florida Statute Chapter 440.
(WHEN APPLICABLE: A Garage Liability Policy shall be considered a similar form in satisfying the Commercial General Liability
insurance requirements. Garagekeeper's Legal Liability shall have minimum limits of $100,000 per occurrence against
Comprehensive and Collision/Upset causes of loss. When a per vehicle sub limit applies, the minimum sub limit shall be $50,000
per vehicle. An "on-hook" endorsement, or similar coverage, shall have a minimum limit of $50,000 per vehicle providing physical
damage legal liability for the same causes of loss above on any vehicle while in tow. Any per vehicle or per occurrence deductible
shall be the contractor's responsibility.
(WHEN APPLICABLE: Professional Liability Insurance shall have minimum limits of $500,000 Per Occurrence and $500,000
Aggregate.)
I
A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the
successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance
Company/Agent within a time frame specified by the County (normally within 2 working days of r~quest).
!
Except as to Business Auto, Workers' Compensation and Employer's Liability (and Professionalllability, when applicable), said
Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as
an Additional Insured.
Page 12
Further, said Certificate(s) shall unequivocally provide thirty (30) days (except 10 days for non-payment) written notice to County
prior to any adverse change, cancellation or non-renewal of coverage there under.
It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force throughout
the term of the contract. Failure to maintain the required insurance shall be considered default of contract. All insurance must
be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage.
All insurance provided hereunder shall be endorsed to show that it is primary as respect to County.
23. INSURANCE REQUIRED - LOT II ONLY (PURCHASE/DELlVERYIINSTALLATION)
It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance coverage
to Palm Beach County, c/o Purchasing Department, Attention Insurance/Buyer Assistant, 50 South Military Trail, Suite 110, West
Palm Beach, Florida 33415. During the term of the Contract and prior to each subsequent renewal thereof, the successful bidder
shall provide this evidence to the County prior to the expiration date of each and every insurance required herein.
Commercial General Liability,:or similarform, shall have minimum limits of $500,000 Per Occurrence Combined Single Limit for
Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent
Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form
Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage (X-C-U) must
also be included when applicable to the work to be performed.
Business Auto Policy, or similar form, shall have minimum limits of $500,000 Per Occurrence Combined Single Limit for Bodily
Injury and Property Damage Liability. Coverage shall include coverage for all Owned Autos, Hired Autos and Non-owned Autos.
(In this context, the term "Autos" is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public
roads.)
Workers' Compensation and Employer's Liability coverage is required for all personnel who work on this project. This shall include
the personnel of the contractor and any subcontractors, reqardless of the size of the company. Exemptions for small companies
shall not be accepted. Coverage must include Employer's Liability with minimum limits of $100,000 Each Accident, $500,000
Disease-Policy Limit, $100,000 Disease-Each Employee.
A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the
successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance ~
Company/Agent within a time frame specified by the County (normally within 2 working days of request).
Except as to Business Auto, Workers' Compensation and Employer's Liability (and Professional liability, when applicable), said
Certificate(s} shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as
an Additional Insured.
Further, said Certificate(s) shall unequivocally provide thirty (30) days (except 10 days for non-payment) written notice to County
prior to any adverse change, cancellation or non-renewal of coverage there under.
It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force throughout
the term of the contract. Failure to maintain the required insurance shall be considered default of contract. All insurance must
be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage.
All insurance provided hereunder shall be endorsed to show that it is primary as respects to County.
Page 13
SPECIFICATIONS
BID #05-074/MP
.. ..
PLAYGROUND AND PARK EQUIPMENT,
TERM CONTRACT
INTENT AND SCOPE: The purpose and intent of this Invitation For Bid is to secure a firm, fixed percentage discount from
manufacturer's and/or bidder's current catalog price list for the purchase and delivery of various Playground & Park
Equipment in accordance with specifications. Additionally, it shall also secure a firm, fixed percentage (plus + or minus -) based
on manufacturer's and/or bidder's current catalog price list for purchase, delivery and installation of various Playground & Park
Equipment in accordance with specifications.
Note: Playground & Park Equipment may be required at any location within Palm Beach County.
Fixed PercentaQe:
LOT I - PURCHASE AND DELIVERY ONLY
1 . Bidder shall indicate on Bid Response page their firm fixed percentage discount to be deducted from the manufacturer
and/or bidder's current. catalog list prices.
NOTE: It is understood that current catalog price lists are subject to change; however,
percentages shall remain fixed.
LOT 11- PURCHASE. DELIVERY & INSTALLATION
2. Bidder shall indicate on Bid Response page their firm fixed percentage (plus + or minus -) for the purchase, delivery and
installation of equipment and/or play structures based on manufacturer and/or bidder's current catalog list prices.
NOTE: It is understood that current catalog price lists are subject to change; however,
percentages shall remain fixed. No extra charges or compensation will be allowed for installation.
F.O.B. POINT
BIDDERS MUST OFFER F.O.B. DESTINATION FREIGHT CHARGES PREPAID AND ALLOWED OR
F.O.B. DESTINATION, FREIGHT CHARGES PREPAID AND ADDED. ANY OTHER "DELIVERY" OFFER
WILL NOT BE CONSIDERED. IT IS FURTHER UNDERSTOOD THAT TITLE TO ALL ITEMS ORDERED
WILL REMAIN WITH THE AWARDEE UNTIL RECEIVED AND ACCEPTED BY PALM BEACH COUNTY.
AWARDEE IS REQUIRED TO FILE ALL CLAIMS FOR DAMAGES/SHORTAGES, ETC.
EXACT DELIVERY POINT WILL BE INDICATED ON THE PURCHASE ORDER OR TERM CONTRACT
ORDER (DO).
CataloQ:
All bidders of playground equipment (manufacturer/distributors) must supply copies of each catalog and current price lists, upon
request, to all appropriate Palm Beach County Personnel.
Successful bidder is required to supply catalogs for distribution, at successful bidder's expense. Additional catalogs and price
sheets must be provided to Palm Beach County as requested. '
r'age '14
SPECIFICATIONS
BID #05-074/MP
PLAYGROUND AND PARK EQUIPMENT, TERM CONTRACT
Installation Responsibilities:
Palm Beach County will provide water and electricity from point of closest hook-up only (no hoses or electrical cables will be
provided) at sites specified. The Parks Division shall be responsible for all site preparation to include placement location,
installation of grade markers, grading, sod removal/replacement, buffer fill, and berm timber installation.
The Successful Bidder shall:
furnish, at their expense, all supervision, equipment, machines, tools, materials, labor, transportation, and other facilities
and services necessary to perform work specified herein.
not inhibit access to parks and other Palm Beach County locations during work specified herein.
ensure that all playground installers make necessary arrangements to receive shipment of play structures and provide
storage prior to, and during installation. Palm Beach County will not be responsible for receiving or storing of play
structures prior to or during installation.
be responsible for unpacking, uncrating and installation at job site in accordance with specifications herein.
ensure all work is installed straight, level, plumb and in workmanlike manner.
be responsible for the accuracy of all field measurements.
ensure that all playground installers are certified and qualified to install play structures as per manufacturers specifications.
Certification shall be made readily available for inspection by Palm Beach County personnel at any and all locations
requiring installation.
be responsible for the appearance of all working personnel assigned to the project (clean and appropriately dressed at
all times).
hav~ an English-speaking supervisor/representative on the work site at all times, who shall be thoroughly knowledgeable
of all plans, specifications and other contract documents and have the authority to act in the successful bidder's behalf.
ensure that all playground installers provide and maintain a (4'-0") crowd control fence around the complete perimeter of
the project area in addition to supplying a minimum of (2) warning signs. Fencing and signage shall remain on site and
in operational condition during installation and until such time that project has been completed and considered acceptable
to Palm Beach County Parks Department project manager or designated employee.
:;ompliance Issues:
t shall be the successful bidder's responsibility to insure all products ordered, shipped and/or installed conform, meet, or exceed,
III current federal, state and local safety guidelines.
\dditionally, equipment/installation shall be in compliance with the following Palm Beach County Playground Equipment & Safety
~uidelines:
~eneral: Playground equipment shall meet the following general design requirements:
Equipment shall be new and of current manufacturer in production at the time of bid opening.
f
Equipment shall be free of points, sharp edges and protrusions that may cut or puncture. j
Equipment shall be free of other elements that may snag clothing or body parts.
Equipment shall be free of angles or openings that may entrap body parts.
SPECIFICATIONS
BID #05-074/MP
PLAYGROUND AND PARK EQUIPMENT, TERM CONTRACT
Equipment shall be free of pinch or crush points.
Equipment shall be free of splinters and not be subject to future splintering.
Equipment shall have slip resistant walking and climbing surfaces.
All equipment and component mounting fasteners to be completely tamper resistant "Hex-pin cap screws" requiring
installationlremoval with special manufacturer furnished hex-pin Allen wrench or equivalent. Minimum fasteners to be
used in conjunction with the above shall be hex-pin flange nuts, Tee nuts, or nylon insert locknuts.
Equipment shall have components that drain freely and not collect standing water.
Equipment shall have steps and handholds of proper size, spacing and incline where necessary to assist climbing.
Equipment shall have all moving parts constructed of materials that minimize the potential for impact injuries.
Equipment shall have handrails, raised edges and other barriers where necessary to minimize the potential for falls.
Entire unit shall have vandal-proof connectors that cannot be loosened or unfastened without special tools.
Equipment shall permit easy access by adults for maintenance and emergencies.
Equipment shall provide more than one means of access and exit.
Equipment shall be designed to support the maximum possible load able to be imposed on the apparatus.
Equipment shall be designed to be permanently anchored in place.
Equipment shall be constructed of non-rusting and non-toxic materials.
Equipment shall be constructed of materials that will remain durable in an outdoor environment.
All assembly fasteners used in assembly of play structures are to include cap screws, bolts (all), flange nuts, tee nuts,
and washers SHALL BE STAINLESS STEEL ONLY.
All end caps/pipe caps shall be fastened in place permanently utilizing metal "drive rivets" or equivalent. Press fit
components are unacceptable.
Weight bearing components and accessories subject to tensile forces shall be fastened to post clamps with end cap
screws or full penetrating fasteners to ensure positive securement under severe use. Non-penetrating set screws are
UNACCEPTABLE.
>pecific: Individual pieces of equipment shall meet specific design requirements, in addition to the general design, as indicated
1 bid specifications. i
~equirements not addressed in previously mentioned guidelines shall be in compliance with prevailing safety standards as set
Jrth in "A Handbook for Public Playground Safety (Volumes I & II)" developed by the U.S. Consumer Product Safety Commission
nd such safety standards indicated by the Florida Recreation and Parks Association. All state, fed~ral and local safety rules and
3gulations must be met. '
I
I
lours of Operation: j
'he Successful Bidder is advised that the delivery and/or installation of these units shall occur during normal County (ordering
epartment) operational hours. .
iaison:
he successful bidder(s) shall have available a liaison to work with the Parks Supervisor/Project Manager or other ordering
epartment representative (as applicable) to schedule deliveries and/or installations and to arrange for inspection(s) of finished
rojects.
BID RESPONSE
BID #05-074/MP
PLAYGROUND AND PARK EQUIPMENT,
TERM CONTRACT
LOT 1- PURCHASE AND DELIVERY ONL Y- PERCENTAGE DISCOUNT FROM BIDDER'S CURRENT CATALOG LIST PRICE
PERCENTAGE DISCOUNT
ITEM #1 PURCHASE AND DELIVERY ONLY
*BIDDER'S CATALOG NAME: .5=F'" /).-r7; ;if CD
7/J
*Bidder's catalog shall include generic product(s) made for or by bidder and shall not include other manufacturer's product(s).
NOTE: Bidder should provide catalog with their bid.
PURCHASE AND DELIVERY ,ONLY - PERCENTAGE DISCOUNT FROM MANUFACTURER'S CURRENT LIST PRICE
ITEM#
2.
3.
NAME OF MANUFACTURER
LANDSCAPE STRUCTURES, INC.
OUTDOOR ALUMINUM
PERCENTAGE DISCOUNT
PURCHASE AND DELIVERY ONLY
%
%
4. NEVCO SCOREBOARD
5. GAMETIME, INC.
6.
DUMOR, INC.
%
LOT 11- PURCHASE. DELIVERY & INSTALLATION - PERCENTAGE (PLUS + OR MINUS -) BASED ON BIDDER'S CURRENT
CATALOG LIST PRICE
PERCENTAGE
(PURCHASE, DELIVERY & INSTALLATION)
ITEM #1 CIRCLE EITHER + OR - WITH PERCENTAGE
I'BIDDER'S CATALOG NAM)t:'15"- ~~ ( +!t?~ (j)R;)<:J % I
*Bidder's catalog shall include product(s) made for or by bidder and shall not include other manufacturer's product(s).
NOTE: Bidder should provide catalog with their bid.
PURCHASE. DELIVERY & INSTALLATION - PERCENTAGE (plus + or minus -) BASED ON MANUFACTURER'S CURRENT LIST
PRICE
ITEM#
NAME OF MANUFACTURER
PERCENTAGE
(PURCHASE, DELIVERY & INSTALLATION)
CIRCLE EITHER + OR - WITH PERCENTAGE
2. LANDSCAPE STRUCTURES, INC. ( + I - ) %
3. OUTDOOR ALUMINUM ( + I - ) %
4. NEVCO SCOREBOARD ( + I - ) %
5. GAMETJME, INC. ( I - ) >
+ %
,
6. DUMOR ( + I - ) %
:IRM NAME:
/1 Continued....
(~'17? ~T c:i /J 17':< r'/'/ox), /~
./
BID RESPONSE
BID #05-074/MP
PLAYGROUND AND PARK EQUIPMENT,
TERM CONTRACT
PLEASE PROVIDE INFORMATION REQUESTED AND INITIAL WHERE INDICATED FOR THE FOLLOWING:
Manufacturer Certification (LOT II):
1. For each manufacturer offered, bidder has submitted with their bid response written evidence, from the manufacturer,
which states that the bidder or the bidder's sub-contracted installer is authorized and certified to install the specified
manufacturer's playground equiPment.... ~ .
YES, certifications included ~ ?
2. F.O.B. POINT - FREIGHT (LOT I AND LOT 11):
BIDDERS MUST OFFER F.O.B. DESTINATION FREIGHT CHARGES PREPAID AND ALLOWED OR F.O.B.
DESTINATION, FREIGHT CHARGES PREPAID AND ADDED. ANY OTHER "DELIVERY" OFFER WILL NOT BE
CONSIDERED. IT IS FURTHER UNDERSTOOD THAT TITLE TO ALL ITEMS ORDERED WILL REMAIN WITH THE
AWARDEE UNTIL RECEIVED AND ACCEPTED BY PALM BEACH COUNTY. AWARDEE IS REQUIRED TO FilE ALL
CLAIMS FOR DAMAGES/SHORTAGES, ETC.
EXACT DELIVERY POINT WILL BE INDICATED ON THE PURCHASE ORDER OR TERM CONTRACT ORDER (DO).
PLEASE CHECK AND INITIAL ONE OF THE FOllOWING, AS APPROPRIATE
) F.O.B. DESTINATION, FREIGHT CHARGES PREPAID AND ALLOWED
(INITIAL)
.JCl (OR)
: ~. (/~F.O.B. DESTINATION, FREIGHT CHARGES PREPAID AND ADDED
(INITIAL)
I. INSTALLATION (LOT 11):
Bidder clearly understands that the percentages offered in Lot II require product and installation in accordance with
industry standards that minimally comply technically, mechanically and aesthetically to manufacturer's standards and all
specifications stated herein. Omission of any essential detail from these . tions does not relieve the supplier from
furnishing and inSlamng7. rete and functional unit or system. N new cha es or compensation will be allowed.
I understand
Continued... .
IRM NAME:
~age , ti
BID RESPONSE
BID #05-074/MP
PLAYGROUND AND PARK EQUIPMENT,
TERM CONTRACT
4. CONDITIONED OFFERS:
Bidders are cautioned that any condition, qualification, provision, or comment in their bid, or in other correspondence
transmitted with their bid, which in any way modifies, takes exception to, or is inconsistent with the specifications,
requirements, or any of the terms, conditions, or provisions of this solicitation, is sufficient cause for the rejection of their
bid as non-responsive.
I understand
v
~
Is Qualification of Bidd~rs information inc,& Term and Condition #l?
YES ~ INITIAL
* PLEASE AFFIX SIGNATURE WHERE INDICATED
(FAilURE TO DO SO SHAll RESULT IN THE REJECTION OF YOUR BID)
By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions,
and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any
kind. except as may have been published by the County in official amendments prior to this date of submittal.
FIRM NAME: (Enter the entire legal name of the bidding entity)
DArE:
~ -r/< IrC7 t::"J n r7 e c 7/ ~;~ / I(.)c;,.
PRINT NAME: H/Ke ,/:'J--d ~/t.J
3/9jt:JS
PRINT TITLE:
;;?6,8d~ ~g-2~~
CITY/STATE: j?,u/3~,ee //nes
i TELEPHONE # ( 950 --y 9 -z -s- .,... Y' od
TOLL FREE # ( ?Oo) L/ 3:2 " -:).;;LS 3
ADDRESS:
rG ZIP CODE: ~
E-MAIL: ("' fP n71-15'-r:''/ (!
FAX#: (9~3V
APPLICABLE
L1CENSE(S)
NUMBER #
TYPE:
FEDERAL 10 #
&5:- 6/6 .5" S/ 7' c:;
Page 19
STATEMENT OF NO BID
BID #05-074/MP
PLAYGROUND AND PARK EQUIPMENT,
TERM CONTRACT
If you are not bidding on this rvice/commodity, please complete and return this form to: Palm Beach County Purchasing
Department, 50 South Military Tr' Suite 110, West Palm Beach, FL 33415-3199.
Failure to respond may result in deletio~ vendor's name from the qualified bidder's list for the County of Palm Beach.
""
COMPANY NAME: '"
'''",
~
\,
"
'\
\
\\
for
ADDRESS:
TELEPHONE:
SIGNATURE:
DATE:
WE, the undersigned have declined to bid on your Bid No.
Specifications too "tight", i.e., geared toward brand or manufacturer
only (explain below)
because of the following reason(s):
(Service/Commodity)
Insufficient time to respond to the Invitation for Bid .
We do not offer this product or an equivalent
Our product schedule would not permit us to perform
Unable to meet specifications
Unable to meet bond requirements
Specifications unclear (explain below)
,
>..
Other (specify below)
"
\
\..
\,
~EMARKS:
\
"
"\
.....
\
t-'age LU
Certification of Business Location
Bid #05-074/MP
In accordance with the Palm Beach County Local Preference Ordinance, a preference shall be given to those
bidders who have a permanent place of business in Palm Beach County ("County") and who hold a valid occupational
license issued by the Count~ that authorizes the bidder to provide the goods or services to be purchased. To receive
a local preference, an interested bidder must have a permanent place of business in existence prior to the County's
issuance of an invitation foribid. A valid occupational license issued by the County Tax Collector shall be used to
verify that the bidder had a permanent place of business prior to the issuance of the invitation for bid. A Palm Beach
County Occupational license is required unless specifically exempted by law. In lieu of a Palm Beach County
occupational license, the bidder shall include the current occupational license issued to the bidder in the response.
The bidder must submit this Certification of Business Location along with the required occupational license at the time
of bid submission. This Certification of Business Location is the sole determinant of local preference eligibility. Errors
in the completion of this Certification or failure to submit this completed Certification shall cause the bidder to not
receive a local preference. F?lease note that the bid submitted by the bidder to the County must be from an address
located within Palm Beach Oounty in order for local preference to apply.
I. Bidder is a:
Non-Local Business A non-local business is one that does not have a permanent place of business in Palm Beach,
Martin, Broward, or Miami-Dade County.
V Regional Business A regional business is one that has a permanent place of business in Martin, Broward, or Miami-
Dade County.
(Please indicate):
Martin County
v' Broward County
Miami - Dade County
Local Business A local business has a permanent place of business in Palm Beach County
(Please indicate):
Headquarters located in Palm Beach County
Permanent office or other site located in Palm Beach County
from which a vendor will produce a substantial portion of the goods or
services to be purchased
** A post office box or location at a postal service center is not acceptable.
I. The attached copy of bidder's Palm Beach County Occupational License verifies bidder's permanent place
of business in Palm Beach County
THIS CERTIFICATION is submitted by
t!.1;o.-) r- JVr tcrtJ J"'5eu t.
(Title/Position) / I
, of
~/IGe- ,K'rd4rJ ,as
(Name of Individual)
an -rK' ~-r c::::P/? nA?C"?/ o?o J / ~ .
(Firm Name of Bidder)
rho hereby certifies that the information stated above is true and correct, that the bidderihas a permanent place of
usiness in Palm Beach County, and that the attached Palm Beach County Occupational License is a true and correct
:::>py of the original. Further, it is hereby acknowledged that any misrepresentation by the [bidder on this Certification
. considered an unethical business tice and is grounds for sa tions against future: County business with the
idder.
-'"3' af DS
~
I CI~C; ~ I
DRUG-FREE WORKPLACE CERTIFICATION
BID #05-074/MP
IDENTICAL TIE BIDS/PROPOSALS - In accordance with Section 287.087, F.S., a preference shall be given to vendors
submitting with their bids/proposals the following certification that they have implemented a drug-free workplace
program which meets the r~quirements of Section 287.087; provided, however, that any preference given pursuant to
Section 287.087, shall be made in conformity with the requirements pursuant to the Palm Beach County Code, Chapter
2, Article III, Sections 2-80.21 thru 2-80.34. In the event tie bids are received from vendors who have not submitted with
their bids/proposals a completed Drug-Free Workplace Certification form, the award will be made in accordance with
Palm Beach County's purchasing procedures pertaining to tie bids.
This Drug-Free Workplace Certification form must be executed and returned with the attached bid/proposal, and received
on or before time of bid opening to be considered. The failure to execute and/or return this certification shall not cause
any bid/proposal to be deemed non-responsive.
Whenever two (2) or more bids/proposals which are equal with respect to price, quality, and service are received by Palm
Beach County for the proculiement of commodities or contractual services, a bid/proposal received from a business that
certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order
to have a drug-free workplace program, a business shall:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken
against employees for violations of such prohibition.
(2) Inform employees aboutthe dangers of drug abuse in the workplace, the business's policy of maintaining a drug-
free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of
the statement specified in number (1).
(4) In the statement specified in number (1), notify the employees that, as a condition of working on the commodities
or contractual services that are under bid, the employee will abide by the terms of the statement and will notify
the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida
Statutes, 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 Section 287.087,
Florida Statutes.
~)K~ /CfC' /IV
(Individual's Name)
of ~ rJ -r:e~1 en ne.<' //<">.l.J I /0:::.. J
(Name of CompanyNendor) ~
the
THIS CERTIFICATION is submitted by
Nho does hereby certify that said CompanyNendor has implemented a drug-free workpla~e program which meets the
"equirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above.
,
7/7f~
Date'
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SCHEDULE 2
BID NO.
LETTER OF INTENT TO PERFORM AS AN SBE OR M/WBE SUBCONTRA~T9R
BID NAME:
TO:
(Name of Prime Bidder)
The undersigned is certified by Palm Beach County as a(n) - (check one or more, as applicable):
Small Business Enterprise _
Minority Business Enterprise _
Black _ Hispanic _ Women _ Caucasian _ Other (Please Specify)
Date of Palm Beach County Certification:
The undersigned is prepared to perform the following described work in connection with the above project
(Specifv in detail. particular work items or parts thereof to be performed):
Line
Item No.
Item Description
Qty/Units
Unit Price
Total Price
/
/
3t the following price $
(Subcontractor's quote)
:md shall enter into a formal agreement for work with you conditioned upon your execution of a contract with Palm Beach County.
f undersigned intends to sub-subcontract any portion of this subcontract to a non-certified SBE subcontractor, the amount of any
;uch subcontract must be stated: $
rhe undersigned subcontractor understands that the provision of this form to prime bidder does not prevent subcontractor from
)roviding quotations to other bidders
(Print name of SBE-M/WBE Subcontractor)
By:
(Signature)
(Print name/title oif person executing on behalf
of. SBE-M/WBE Subcontractor)
I
Date:
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SCHEDULE 4
SBE-MIWBE PAYMENT CERTIFICATION
This is to certify that
received
SBE or M/WBE Subcontractor
(Monthly) or (Final) payment of $
on
from
for labor and/or materials used on BID NO.
(Prime Contractor)
BID NAME:
BID#:
::>RIME CONTRACTOR:
SBE OR M/WBE SUBCONTRACTOR:
(Company Name)
3Y:
(Signature of Prime Contractor)
BY:
(Signature of Subcontractor)
Print Name & Title of Person Exec8ting on behalf
of Contractor) .
(PrilJt Name & Title of Person Executing on behalf of
Subcontractor)
,TATE OF FLORIDA
~OUNTY OF
day of
.20
iworn to and subscribed before me this
y
Notary Public, State of Florida
Print, Type or Stamp Commissioned Name of Notary
ersonally Known
roduced Identification
OR
Type of Identification Produced
TATE OF FLORIDA
OUNTY OF
Norn to and subscribed before me ,this
day of
.20
I:
Notary Public, State of Florida
Print, Type or Stamp Commissioned Name of Notary
!rsonally Known
oduced Identification
OR
Type of Identification Produced
JE: To be submitted with Pay Request, immediately following any payment to the SBE-M/WBE from the Prime Contractor.
t
VI.-CONSENT AGENDA
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Conunission
Meeting Dates
Date Final Form Must be Turned Requested City Conunission
in to City Clerk's Office Meeting Dates
Date Final Form Must be Turned ill
to City Clerk's Office
o December 6, 2005
o December 20, 2005
o January 3, 2006
o January 17, 2006
November 14, 2005 (Noon.) ['gI February 7, 2006
-rA/3L..~ .0
December 5, 2005 (Noon) ~ February 21, 2006
January 17, 2006 (Noon)
February 6, 2006 (Noon)
December 19, 2005 (Noon) 0 March 7, 2006
January 3, 2006 (Noon) 0 March 21, 2006
February 21, 2006 (Noon)
March 6,2006 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
['gI Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o Unfinished Business
o Presentation
RECOMMENDATION:
Approve Amendment No. 1 to Task Order No.3 for Brown and Caldwell, for the purposes of exploring water supply
options and meeting with regulatory agencies regarding modification of the Water Use Pennit. (Task Order no. U05-
03-03)
EXPLANATION:
In August 2003 the City of Boynton Beach ohtained a Water Use Pennit from the South Florida Water Management
District, which will remain in effect through August 14,2010. The permit limits the City's total annual water
withdrawal from groundwater to be 7844 million gallons per year, or an average daily flow of 21.49 million gallons
per day. The City is actively exploring options to this limitation, and seeking a longer pennit term so as to he
assured that its capital investments in treatment plant capacity can he used to meet long-term growth demands.
The consultant will furnish the following deliverable items for the proposed lump sum cost of 574,200:
1) Facilitate Water Supply Strategy meeting
2) Technical Memorandum describing the recommended water supply strategy
3) Facilitate four project coordination meetings with staff and/or City Administrators
4) Provide meeting agendas and meeting summary memoranda.
An explanation provided by Brown and Caldwell to support outstanding expenses previously accmed, and charged to
this amendment, has heen enclosed. The work associated with this cost was unanticipated and not identified in the
original Task Order No. 3, a copy of which has heen included.
Based on the commission's request a list of consultants the Utilities has contracts with and their levels of work has
heen provided with this agenda item as well.
PROGRAM IMPACT:
Capital expenditures for capacity improvements will have a significant impact on rates and capital facilities charges,
thereby having a signif"lCaIlt impact on current and future customers. In addition, obtaining a longer term permit for
water use will allow the City to assure the future demands from new development and new customers.
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.IX>C
u(
}
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT:
The cost of this task order is $74,200, to be funded from the Utilities capital reserves. (Account no. 403-5000-590-96-
10 project no. WTROI7). Part of this cost includes $11,872, the cost of prior work which was not anticipated and
therefore not included in the original scope of work for Task No.3. An explanation from the consultant and a copy
of Task Order No.3 are attached.
The list of consultants the Utilities currently has contracts with and their levels of work has also been attached.
AL TERNA TIVES:
I) Select a different consultant to continue this effort.
2) Expandllessen the scope of work.
3) Take no action at this time.
\4~~,-~
Department Head's Signature
..21/~"/OIo
UTI t ITI IS-- S
Department Name
City Attorney I Finance I Human Resources
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
II
1 RESOLUTION NO. R06- O!fcA
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING EXECUTION OF
5 AMENDMENT NO. 1 TO TASK ORDER NO. 3 TO
6 BROWN AND CALDWELL FOR PURPOSES OF
7 EXPLORING WATER SUPPLY OPTIONS AND
8 MEETING WITH REGULATORY AGENCIES
9 REGARDING MODIFICATIONS OF THE WATER USE
10 PERMIT IN THE AMOUNT OF $74,200.00; AND
11 PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, in August, 2003, the City of Boynton Beach obtained a Water Use
15 Permit from the South Florida Water Management District which remains in effect through
16 August 2010; and
17 WHEREAS, the Permit limits the City's total annual water withdrawal from
18 groundwater; and
19 WHEREAS, the City is exploring options to this limitation and seeking a longr
20 permit term so as to be assured that its capital investments in treatment plant capacity can be
21 used to meet long-term growth demands; and
22 WHEREAS, the City Commission, upon staffs recommendation, has deemed it
23 appropriate and in the best interests of the public to approve Amendment No. 1 to Task
24 Order No.3 in the amount of$74,200.00 with Brown and Caldwell to.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
S:ICAIRESOlAgreementslTask - Change OrderslAmendment No 1 - Brown and Caldwell Task Order 3.doc
II
1
Section 2.
The City Commission of the City of Boynton Beach, Florida does
2 hereby authorize and direct the approval and execution of Amendment No. 1 to Task Order
3 No.3 in the amount of $74,200.00 with Brown and Caldwell to explore water supply options
4 and meeting with regulatory agencies regarding modifications of the Water Use Permit.
5
Section 3.
This Resolution shall become effective immediately upon passage.
6
PASSED AND ADOPTED this _ day of
,2006.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 ATTEST:
26
27
28 City Clerk
29
30
31 (City Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESOlAgreemenls\Task - Change OrderslAmendment No 1 - Brown and Caldwell Task Order 3.doc
Memorandum
To:
Kofi Boateng, Boynton Beach ~ '-(''-tlo b
From:
Nem Gomez/Brown and Caldwell
Date:
February 14, 2006
Subject:
Boynton Beach Business Case Evaluation Project
Amendment No.1 to Brown and Caldwell Task Order No.3
Water Supply Options and SFWMD Consumptive Use Permit
Per our telephone conversation, the following will address your question regarding background
information relative to Task No.1 in the proposed task order amendment for the BCE/CIP project.
Task No.1 - BCE Presentation - describes services provided at the City's request on October 4,
2005. This task covers a project summary presentation (briefing) developed for the purpose of
providing the City Manager and the Utilities Department with a description of the BCE Project
findings and preferred water supply alternatives, as well as the corresponding long-term prioritized
Capital Improvement Plan. This briefing reviewed the entire task order and detailed the process
undertaken to arrive at the preferred alternatives. The presentation was developed, and the briefing
facilitated, by the Head of Brown and Caldwell's Florida Hydrogeology Team and the Head of
Business Consulting Services for the Southeast Region. This briefing was preliminary to the
combined City Manager/City Commissioner briefings held on October 11, 2005, which were
included in (and funded under) the original Task Order No.3: Task No.7.
Task No.7 - Final CIP and Presentation - in the approved task order, describes the scope of
services for the October 11 th briefing (page 9), and the budget for this activity is specified on page
11.
As such, the October 4th briefmg was not envisioned, nor was funding included, at the time the
budget for the original Task Order (No.3) was developed, in March, 2005.
Please do not hesitate to contact me if you have any questions or require additional information.
TASK ORDER No.3
APPLICATION OF BUSINESS CASE EVALUATION
FOR THE CITY OF BOYNTON BEACH
UTILITIES DEPARTMENT CAPITAL PROGRAM
Background
The Utilities Department has developed an extensive Capital Improvement
Program that contains a number of significant projects, with long-term
implications for costs and rates. Amongst the improvements are upgrade
and/or expansion of both the East and West Water Treatment Plants. These
projects have been proposed, in part, to meet projected future demands caused
by increasing development densities in the City and changes in the source of
raw water supply triggered by new permit requirements from the South Florida
Water Management District (SFWMD). These projects will have a significant
impact on long-term debt service, operations and maintenance costs for the
City.
One objective of this project will be to develop a broad, strategic context for
the orderly delivery of the Capital Projects. A Business Case Template will be
developed as a tool for achieving this goal.
Also to be considered is the opportunity for long-term bulk water purchase
from Palm Beach County, potentially in lieu of one or more of the capital
projects mentioned above.
Prior to moving forward with these projects, a Business Case Evaluation (BCE)
will be conducted by Brown and Caldwell (Engineer). BCE is a process that
has been developed and applied, following sound and proven principles of
asset management. The essential features of BCE are as follows:
· A clear definition of the underlying needs and drivers for the project -
What issuers) is this pro/eet addressing?
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· A thorough identification of alternatives that address the issues- What
options (including outside options, such as purchasing water from Palm Beach
County) address the issues?
· Critical review of the universe of options identified and elimination of
any options that have fatal flaws -Are a'!) options infeasible for technical,
economic or political reasons or do a'!) options not completelY address the pro/ect
issues?
· A life cycle cost analysis of the remaining options - Quantify caPital,
operations and maintenance (O&M) and refurbishment costs for each option over its
entire Iffi '!Jcle.
· Identification and quantification (to the extent possible) of benefits
produced by each option - Benifits are articulated in the context cf achieving
customer level cf sendee expectations
· Identification and quantification of risks associated with each option -
What risks does each option pose and what is the associated risk cost?
· A present value analysis of the options - Present value is an economic
evaluation that allows the comparison cf options with differing useful lives and cost
functions (lower capital, higher O&M vs. higher capital and lower O&M). In
addition, risk cost and benifits are included in the analYsis if thry can be quantified.
The BCE approach produces sound, objective information that facilitates
decision-making by providing a rational basis to compare options that have
very different ris~ cost and operating proftles. BCE applies fundamental
economic principles that have been used by private industry to evaluate capital
proposals for decades. It has recently been applied to public agency water and
sewer projects in Seattle, W A, Sacramento, CA and Asheville, N C.
Using BCE will allow Boynton Beach to objectively evaluate the proposed
Utilities Department water supply and treatment capital improvement program
by providing sound, comparable information to decision-makers for defensible
options that vary significantly. This will ensure that customers are provided the
best, most cost-effective, long-term solution.
In addition to the BCE, the City desires to produce a prioritized Capital
Improvement Program of water, wastewater and reclaimed water projects for
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the Utility Department. All proposed capital projects will be subjected to a
multi-step process, which will result in a prioritization of projects and a 7 to 10-
year CIP, based on that prioritization. The results of the BCE for the water
supply and treatment options will be used to deftne which projects are
constructed and will provide input to the prioritization process. The
prioritization process defmes when projects will be constructed.
Scope of Work
Part 1- Business Case Evaluation (BCE) / Lorw-Term Water Supply
Task 1- Kickoff Meeting with Business Case Team (BCT)
(The Business Case Team will consist of City staff, familiar with the issues
pertaining to this project.)
Oijectives. Engage the City's representatives in an effort to achieve consensus
on the issues, conftrm project goals and defme project success.
Activities.
1. The Engineer will assemble available background information and will
generate all exhibits and written material to be used during the meeting.
2. The Engineer will meet with members of the BCT to review said
materials and explain how Business Case analyses are conducted.
3. A draft outline of Business Case practices will be distributed and
discussed, and an example of a simple business case will be provided.
Based on these activities and discussions, consensus will be achieved
with regard to project issues, project goals and critical success factors.
4. The issues discussed and the resultant path forward for the project will
be captured in the form of a Meeting Summary memorandum and will
be included in the Final Report.
Deliverabks. The deliverables for this task will consist of the development of
meeting materials, facilitating the kick-off meeting and generating draft and
fmal Meeting Summary memoranda.
Task 2 - Development of Business Case Template
Oijectives. The objectives of this task include the development of a Business
Case Template and discussion on its intended use for this project.
c:\documents and settings\boatengk\my documen1s\consuhant reports\bce proposal to commission - rev 03-28-05 (3Xa).doc 3
Activities.
1. Based on the results of the Kick-off Meeting, the Engineer will develop
the draft Business Case Template and will distribute same to the BCT
for review and comment. The template will include requirements for the
Project Development Plan, cost/benefit analysis, benefits deftnition and
net present value calculations.
2. A question and answer session to address questions and comments
pertaining to the Business Case Template will be conducted via
telephone conference, if necessary.
Deliverables. The deliverables for this task will be participation in a telephone
question and answer session (if needed), and draft and final Business Case
Template documents for use during the project.
Task 3 - Information Request for Business Case Analysis
Oijeaives. The objectives of this task are to collect and organize information
pertinent to this project, developed by Department staff and other consultants.
Aaivities.
1. Engineer will meet with Utilities Department to review, collect and
organize information developed by others, including studies, preliminary
engineering reports, preliminary designs and cost estimates. This data
will serve as the basis for the Business Case Evaluation.
Deliverables. The deliverables for this task will be draft and fmal tabulations of
information collected for use on this project and for inclusion in the Final
Report.
Task 4 - Project Alternatives Workshop
Oijectives. Identify and achieve consensus on the alternatives to be analyzed
during this project.
Activities.
1. Engineer will develop materials and exhibits, and will facilitate a one-day
workshop with the BCT to discuss, explore and define alternatives to the
water supply and treatment projects agreed upon under Task 3, above.
2. Utilizing Business Case Evaluation tools and criteria established by the
BCT, the selected alternatives will be evaluated for feasibility, life cycle
cost, beneftts, implementation feasibility, regulatory acceptance and
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publici customer impact. The results of this workshop will be used in
the subsequent stages of the project.
De/iverab!es. The deliverables for this task will be draft and ftnal summary
memoranda, capturing the workshop discussions and presenting a path
forward.
Task 5 - Life Cycle Cost Analysis
Oijectives. To perform cost/beneftt analysis on the alternative project selected
during the Workshop conducted under Task 4, above.
Activities.
1. Engineer, working with the BCT, will prepare a life cycle cost/beneftt
analysis for the selected projects and the top three (3)-ranked alternative
projects.
2. Beneftts will be quantifted to the maximum possible extent and defmed
qualitatively, where quantiftcation is not feasible.
3. A question and answer session to address questions or concerns from
the BCT will be facilitated via telephone conference call, if needed.
De/iverab!es. The deliverables for this task will be participation in a telephone
conference call (if needed), and draft and fmal Summary Memoranda,
presenting the results of the cost analysis.
Task 6 - Net Present Value Analysis
Oijectives. Develop Net Present Value analysis based on information and
activities conducted thus far in the project. (The products of this Task will be
used by the BCT for help in identifying the most critical, cost-effective
projects.)
Activities.
1. Engineer will review the information gathered thus far, will use the Life
Cycle analysis to prepare a Net Present Value analysis and will prepare
the Business Case for the projects selected by the BCT. The Business
Case documents will be in the form of individual Technical Memoranda
for each of the projects. These memoranda will be submitted to the City
for review and comment.
2. A question and answer session to address questions or concerns on the
part of the BCT will be conducted via telephone, if needed.
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Deliverables. The deliverables for this task will be a question and answer session
(if needed), and draft and ftnal Business Case Technical Memoranda.
Task 7 - Project Results Workshop and Final Report
O'-?jectives. Review each Business Case Analysis with the BCT, address fmal
questions, and identify any revisions needed prior to generating the Final
Report.
Activities.
1. The Engineer will prepare materials and exhibits, and will facilitate a
one-day Project Results Workshop.
2. The Business Case Analysis for each project will be presented and
reviewed with the BCT.
3. Modiftcations to the Business Cases resulting from discussions and
observations during the workshop will be noted and incorporated into
the Final Report.
Deliverables. The deliverable for this task, and Final Deliverable for this project,
will be a project Business Case Evaluation Final Report.
Part 2 - Prioritized Capital Improvement Program
Task 1- Collection of Project Information
Ol?jectives. Collect, organize and review available information provided by
Utilities Department staff.
Activities.
1. Engineer will collect, review and compile existing information pertaining
to capital projects greater than $500,000 in size from readily available
sources, such as studies, preliminary engineering reports, master plans,
design basis reports, concept designs, etc.
2. Utilities Department staff will provide this information. Materials
collected under this Task will be used to facilitate Task 2.
Deliverables. The deliverable for this task will be draft and fmal candidate
project lists, including project names, project objectives and forecast capital
costs.
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Task 2 - Prioritization Criteria & Workshop No.1
Oijectives. Develop and achieve consensus on a preliminary list of project
prioritization criteria, along with a "rating system" that will be applied to said
criteria to facilitate the decision-making process.
Activities.
1. Engineer will develop a preliminary list of prioritization criteria, such as
regulatory compliance, reliability, cost of service, water and wastewater
quality and quantity, safety and stakeholder confidence, and a rating
system in order to apply the criteria.
2. Engineer will prepare materials and exhibits, and will facilitate a half-day
workshop with City staff to review and refine the selection criteria and
rating system, and to fmalize the candidate project list.
Deliverables. The deliverables for this task will be draft and fmal Summary
Memoranda of the workshop discussions, a refmed criteria, rating system, and
fmal candidate project list.
Task 3 - Analyze Available Project Information
Oijectives. Generate a preliminary "rating" for each candidate project.
Activities.
1. Engineer will review and analyze available information for the candidate
projects relative to the prioritization criteria established under Task 2,
above.
2. This information will be used by the Engineer to prepare a preliminary
rating for each candidate project.
3. Gaps in available information will be identified and appropriate City
staff will be requested to fill said gaps.
Deliverables. The deliverables for this task will be a preliminary list rating the
projects and a list of information gaps.
Task 4 - Preliminary Prioritization & Workshop No.2
Ol?Jectives. Achieve consensus regarding the "rating" for each project, relative to
the established prioritization criteria (from Task 2).
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Activities.
1. Engineer will prepare materials and exhibits, and will facilitate a half-day
workshop to review and confirm the preliminary prioritization list with
City staff The goal of the workshop will be to reach a consensus view
of the rating for each project relative to the prioritization criteria.
Business Case Evaluation tools developed under earlier Tasks in this
project will be used here.
Deliverab!.es. The deliverables for this task will be draft and fmal Summary
Memoranda of the workshop discussions and a fmallist of prioritized projects.
Task 5 - Draft CIP
Ol?Jectives. Develop a Draft CIP, listing projects identified, using the Business
Case Evaluation process and a Long-Range Conceptual Asset Plan Template.
Activities.
1. Engineer will use the prioritized list of projects to prepare a draft 7 to
la-year CIP. Project sequencing and relationships will be considered in
developing the program. In addition~ affordability. reasonable
implementation schedules and logistical issues will be considered.
2. Engineer will develop a Long-Range Capital Asset Plan Template, which
will provide the context for the CIP and a roadmap for moving forward.
The Conceptual Asset Plan Template will identify the relationship
between the CIP, an asset management program and a condition
assessment program as a means toward sustainable infrastructure.
Preliminary implementation schedules and first order budgets for major
program components will be included.
Deliverab!.es. The deliverable for this task will be a draft 7 to 1 a-year CIP and a
Draft Long-Range Conceptual Asset Plan Template.
Task 6 - Draft CIP Review - Workshop No.3
Objectives. Review the Draft CIP prepared under Task 5, address comments
and/ or concerns and achieve consensus on the sequence and scheduling of the
projects.
Activities.
1. Engineer will prepare material and exhibits, and will facilitate a half-day
workshop with City staff to review the draft ClP.
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2. City staff will have an opportunity to ask questions and offer comments
concerning the project, and will be asked to reach consensus regarding
the sequence and timing of projects in the CIP.
De/iverables. The deliverables for this task will be draft and ftnal a Summary
Memoranda of the workshop discussions.
Task 7 - Final CIP and Presentation
Oijedives. Develop and present the Final 7 to 10-year ClP and Conceptual
Asset Plan Template for the Utilities Department.
Activities.
1. Based on the input received in Workshop No.3, Engineer will prepare
the fmal ClP.
2. Engineer will present the fmal ClP to City Manager and Commission.
Deliverables. The deliverables for this task will be the Final 7 to 10-tear ClP,
Final Long-Range Conceptual Asset Plan Template, and the presentations to
the City Manager and City Commission.
Contract Reference
The subject Task Order will be performed in accordance with terms and
conditions contained in the Brown and Caldwell Professional Consulting
Services Agreement of November 18,2003.
Additional Services
Additional services requested by the City may be provided under an
amendment to this Task Order, or under separate Task Order.
Obligations of the City
The City will provide information and documentation pertinent to this project
within ftfteen (15) calendar days from request by Brown and Caldwell.
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It is also anticipated that the review process for draft documents submitted for this project
will be completed within fifteen (15) calendar days.
Schedule
I t is anticipated that the effort for Part 1 will be concluded within one hundred
twenty (120) days after receipt of a Notice to Proceed (NTP) and Part 2 will be
concluded within one hundred sixty (160) days after a NTP. Individual Tasks
will be completed within the stated number of days following the NTP as
follows:
Part 1 - BCE
Task 1- Kick-Off Meeting
Task 2 - Business Case Template
Task 3 - Information Request
Task 4 - Project Alternatives Workshop
Task 5 - Life Cycle Cost Analysis
Task 6 - Net Present Value Analysis
Task 7 - Results Workshop & Report
15 days
20 days
20 days
45 days
75 days
100 days
120 days
Part 2 - Prioritized CIP
Task 1 - Project Information Collection
Task 2 - Prioritization Criteria & Workshop No.1
Task 3 - Analyze Project Information
Task 4 - Preliminary Prioritization & Workshop No.2
Task 5 - Draft CIP
Task 6 - Draft CIP Review - Workshop No.3
Task 7 - Final CIP
15 days
30 days
60 days
90 days
130 days
140 days
160 days
Compensation
The budgets for each Sub-task and corresponding percent value are as follows:
Part 1 - BCE
Task 1 - Kick-Off Meeting
Task 2 - Business Case Template
Task 3 - Information Request and Analysis
Task 4 - Project Alternatives Workshop
Task 5 - Life Cycle Cost Analysis
$ 7,500
$ 5,000
$19,200
$33,400
$55,400
(050/0)
(030/0)
(120/0)
(200/0)
(340/0)
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Task 6 - Net Present Value Analysis
Task 7 - Results Workshop and Report
$18,500
$25,600
(11 0/0)
(150/0)
Part 1 Total Fees = $164~600
Part 2 - Prioritized CIP
Task 1 - Project Information Collection
Task 2 - Prioritization Criteria & Workshop No.1
Task 3 - Analyze Project Information
Task 4 - Preliminary Prioritization & Workshop No.2
Task 5 - Draft CIP
Task 6 - Draft CIP Review - Workshop No.3
Task 7 - Final CIP
$15,500
$ 9,500
$ 9,800
$11,000
$20,800
$ 7,800
$13,200
(180/0)
(11 %)
(11 0/0)
(130/0)
(23%)
(090/0)
(15%)
Part 2 Total Fees = $87,600
Compensation for services rendered under this Task Order No.3, Part 1 is
based on a Lump Sum Fee of 1164,600. Compensation for services rendered
under this Task Order No.3, Part 2 will be based on a Lump Sum_Fee of
187,600. The grand total Lump Sum Fee for Task Order No.3 is $252,200.
Monthly invoices will be based on "percent complete", in accordance with
individual sub-task values listed in this section.
APPROVED BY:
CITY OF BOYNTON BEACH, FLORIDA
By:
Kurt Bressner, City Manager
Dated this
day of
,2005.
SUBMITTED BY:
BROWN AND CALDWELL
By:
Ronald M. Ash, P.E.
Vice President
Dated this
day of
, 2005.
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DRAFT
H R I.) \\ \ " \ _'.
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Amendment No. 1 to
Brown and Caldwell Task Order No.3
Water Supply Options
SFWMD Consumptive Use Permit
SECTION 1 - BACKGROUND
On May 9, 2005, Brown and Caldwell was issued Task Order No.3 to conduct a Business
Case Evaluation of the City of Boynton Beach (City) long-term water supply and treatment
options, and to develop a prioritized long-term Capital Improvement Plan. The Business
Case Evaluation effort revealed opportunities for the City to address its long-term water
supply and treatment issues in a more cost-effective manner than the plan currently being
followed by the City. In an effort to further explore these opportunities, the City has
requested that Brown and Caldwell expand the scope of services described in Task Order
No. 3 to review opportunities for negotiating certain modifications to their current
Consumptive Use Permit.
The current raw water supply for the City of Boynton Beach consists of two wellfields, with
30 surficial aquifer production wells supplying two water treatment facilities - the East Plant
and the West Plant. Nineteen wells are located in the vicinity of the East Plant, and 12 wells
in the vicinity of the West Plant. Water quality in wells tapping the surficial aquifer in the
vicinity of the East Plant is generally excellent, but some wells associated with the East Plant
have experienced minor salt water intrusion. The raw water treatment method for wells
associated with the East Plant is Lime Softening. The wells associated with the West Plant
have generally poorer water quality due to higher organics. This water is treated using
membranes.
The City renewed their Consumptive Use Permit (CUP) in 2003 with the South Florida
Water Management District (SFWMD) for seven years (expires August 14, 2010). As part of
that renewal the City agreed to:
.
Rehabilitate the wells at the East Plant
Provide updates on reclaimed water distribution
Perform an extensive testing program in the Floridan aquifer
.
.
1
DRAFT
.
Develop a Floridan aquifer groundwater supply to replace the East Plant capacity
Make progress on design and construction of West Plant and wellfield expansions
.
At the time the City negotiated the Consumptive Use Permit renewal, it believed that
developing a supply to replace the East Plant capacity within the Floridan aquifer was the
only alternative proposed by the SFWMD. Since that time, the City has determined the size
of the capital costs associated with a new treatment method and the development of a
Floridan aquifer water supply are substantial. As such, the City needs to make sure that no
other, less expensive water supply options are available.
Currendy, there is limited knowledge of the Floridan aquifer in this area. Therefore, the City
agreed to perform an extensive Floridan aquifer testing program to determine water
availability, potential for "up-coning" of salt water in the Floridan, and the potential impacts
of the proposed wellfield on the existing Aquifer, Storage and Recovery (ASR) wells
currendy operated by the City, and any adjacent Floridan aquifer users. The result of this
testing program may affect the viability of developing a Floridan aquifer supply in this area.
The City has recendy rehabilitated some of the East surficial aquifer production wells, as
outlined in the City's consumptive use permit. These wells now utilize a shallower
productive zone in the surficial aquifer than previously, removing the imminent threat of salt
water intruding into the wells. This provides an opportunity for the City to modify the
consumptive use permit and look at other, less expensive water supply options. In the West
Wellfield, the City may have opportunities to supplement the supply using aquifer recharge
of surface water, stormwater or reclaimed water.
A need to explore the potential for savings by modifying or changing the selected water
supply planning directive was recognized as a result of a recent Business Case Evaluation
(BCE). The BCE highlighted the magnitude of the capital and life cycle costs associated with
the currendy selected water supply option and five alternative options. The following scope
of work explores the feasibility of more cost-effective options.
SECTION 2 - OBJECTIVES
This project will seek to answer some preliminary questions raised about the feasibility of
adjusting the direction of the future water supply for the City of Boynton Beach, in order to
assist staff and the elected officials in making the most prudent decision for its customers.
Primarily, it will explore the possibility of SFWMD acceptance of modifications to the
current CUP.
SECTION 3 - SCOPE OF WORK
The purpose of the scope of work is to technically support the City staff's effort to conduct
this planning effort. Several activities have been identified as part of this scope, including:
2
DRAFT
· Review the previous CUP process, including the technical data submitted in order to
understand the strategy and concerns expressed by the SFWMD, in an effort to
address these concerns during future discussions
· Review the results of the surficial aquifer rehabilitation program in the East well field
to assess its potential benefits to a revised water supply strategy
· Review the results of the Floridan aquifer investigation to highlight potential
concerns and opportunities
· Review what likely impacts drought restrictions would have on the City's water
supply - for a surficial only, or blended (Floridan and surficial) water supply.
Discuss this issue with SFWMD.
· Review the operational history, development and subsequent improvements of the
Town of Jupiter Water system, which is the only Floridan aquifer public water supply
with a significant operational history in Palm Beach County.
· Assess the potential of expanding the West Plant well field to provide additional
expansion capacity, including using creative means of aquifer recharge.
· Assess the possibility of modifying future East Wellfield raw water allocations, based
on new information provided by rehabilitation, shallowing of production wells, and
groundwater modeling.
· Conduct meetings with the SFWMD to determine the effects of changing the
current strategy.
· Determine the steps required by SFWMD to change the currently selected future
water supply.
· Coordinate all work efforts with the City Utilities and Planning Department staff.
· Generate a Technical Memorandum listing the findings of this effort and providing
recommendations on whether pursuit of a CUP modification for the Boynton Beach
Utilities Department is feasible.
In addition, the budget for this Task Order will include funding for a Business Case
Evaluation presentation provided for the City Manager on October 4, 2005, which was not
included in the scope of services and budget for Task Order No.3.
This proposal consists of four tasks, as described below.
Task 1- BeE Presentation
Brown and Caldwell was requested to provide a presentation to the City Manager on
October 4, 2005 for the purpose of briefing the City Manager on the status and findings of
the Business Case Evaluation project for the City's long-term water supply and treatment
alternatives. This task was not a part of the scope of services or budget included in Task
Order No.3. As such, fees for these services have been included in the budget for this
Amendment No. 1.
3
DRAFT
Task 2 - Water Supply Strategy Development
Objectives: Under Task 2, B&C will collect and disseminate historical water supply data,
and will review fIndings with Utilities staff in order to develop an understanding of existing
conditions and determine the feasibility of requesting a permit modifIcation from the
SFWMD. The output of this task is a Water Supply Strategy
Sub-task 2.1- Water Supply Strategy Meeting - Conduct one meeting with City staff and
the project team to determine the desired outcome of the water supply strategy. Prepare and
distribute meeting minutes.
Sub-task 2.2 - Consumptive Use Permitting Process - Review the previous CUP
process, including the technical data submitted in order to understand the strategy and
concerns expressed by the SFWMD in an effort to address these concerns during future
discussions with them. This review will include review of the SFWMD staff report and
current CUP.
Sub-task 2.3 - Adjacent Consumptive Use Permits - review the SFWMD flies and
permits for the Palm Beach County and Delray Beach systems to ensure equity in the
application of the principles of the permitting process and to identify relevant precedents.
Sub-task 2.4 - Floridan Aquifer Test Program - Review available Floridan Aquifer Test
Program information being generated by a consultant, and compare with known data and
projected performance to identify potential concerns and opportunities.
Sub-task 2.5 - East Plant Wellfield Rehabilitation - Review the results of the surfIcial
aquifer rehabilitation program in the East wellfIeld and the data from recently installed
saltwater intrusion monitor wells to assess potential benefIts of a revised water supply
strategy.
Sub-task 2.6 - Operational History Review - Review the operational history and
development of the Town of Jupiter Water system, the only Floridan aquifer public water
supply with a signifIcant operational history in Palm Beach County. Look at technical issues
including the blending of a Floridan system with a surfIcial aquifer wellfIeld, well completion,
modifIcations, and operational costs. Review lessons learned, permitting history, pump age
restrictions during drought conditions, and economics of capital and operational costs over
life of system.
Sub-task 2.7 - Lower East Coast Water Supply Plan Review - A detailed review of the
current Lower East Coast Regional Water Supply Plan (LECRWSP) will be conducted to
consider use of relevant SFWMD information, goals, sources and objectives when
approaching the District, with regard to the proposed strategy for the City.
Sub-task 2.8 - Meetings with City Administration and/or Staff - Up to four (4)
progress meetings will be conducted with City representatives to discuss information
reviewed under Sub-tasks 2 through 2.7, and to provide progress updates.
4
DRAFT
Sub-task 2.9 - Water Supply Strategy - A Technical Memorandum will be prepared
summarizing a proposed strategy with which to approach the SFWMD based upon the
reviews performed above.
The strategy will be formulated after looking at the potential of expanding the West Plant
wellfield to provide additional capacity for plant expansion, including using creative means
of aquifer recharge, and the potential of improving production from the East Plant Wellfield,
based on new information provided by rehabilitation and shallowing of existing production
wells and groundwater modeling. The role of the Floridan aquifer and population
distribution will be reviewed, as well as other available supplemental supplies. A net present
value analysis of the proposed strategy will be prepared. The strategy will also include the
steps necessary to implement the strategy, the schedule for implementation and an estimate
of the required resources.
Task 2 Deliverables:
. Facilitate Water Supply Strategy Meeting
· Technical Memorandum describing recommended water supply strategy
(including net present value analysis, next steps, schedule and resource
requirements)
· Facilitate four (4) project coordination meetings with staff and/or City
Administrators
· Meeting agendas and meeting summary memoranda
Task 3 - Regulatory Meetings
Objectives: B&C will assist Utilities Department Staff in discussions with the District to
determine the feasibility of modifying the current consumptive use permit.
Sub-task 3.1- Meetings with Other Agencies
Attend meetings with City staff, including preliminary meetings with the SFWMD in
connection with the CUP requirements, and meetings with other public entities - such as the
Town of Jupiter's staff - to discuss their water system, or other utilities to determine their future
water supply strategies. The deliverables for Task 3 will include preparation for above meetings,
with City staff; attendance by Brown and Caldwell representatives at said meetings; and
preparations of meeting minutes. The budget estimate for this task is based on the assumption
of attendance at up to two (2) meetings with the SFWMD; one (1) meeting with the Town of
Jupiter; and one (1) meeting with other area utilities.
Task 3 Deliverables:
· Facilitate up to four (4) meetings with SFWMD and other utilities
· Meeting agendas and meeting summary memoranda
5
DRAFT
Task 4 - Project Management
Objectives: B&C will provide project management services toward the successful
delivery of this project. Project management services include schedule tracking and
monthly progress reports.
Task 4 Deliverables:
· Two (2) Monthly Project Progress Report Memoranda
SECTION 4 - INFORMATION NEEDED FROM THE CITY
The following information is needed from the City for the successful execution of this
project:
Previous CUP and Correspondence
Previous Model and Model fues, if available
Floridan Testing Program Data and Correspondence
Well Rehabilitation Data and Correspondence
Well and Wellfield operating data
Pump and Aquifer Test data from Wells in the City
Production and Monitor well data (lithology, completion data, water levels, water quality)
City's Comprehensive Plan
GIS Data
SECTION 5 - PROJECT SCHEDULE
The following is an anticipated schedule for execution of this project. Due to scheduling
uncertainty with regard to the SFWMD, the Town of Jupiter, and other utilities at this time,
this schedule may be adjusted throughout the project.
Task 1 - BCE Presentation
October 4, 2005
Task 2 -Water Supply Strategy Development
12 weeks
Task 3 - Regulatory Meetings
8 weeks
Task 4 - Project Management
12 weeks
SECTION 6 - COMPENSATION
Compensation for services rendered under this Task Order Amendment No.1 will be a
Lump Sum Fee of $74.200, in accordance with terms and conditions defined in the
6
DRAFT
Professional Services Agreement dated November 18, 2003, and as revised from time to
time. Periodic invoices will be based on percent complete. The total fee is based on the
attached estimated budget for this project and is distributed among the four (4) tasks, as
shown below.
Task 1 - BCE Presentation (16%)
$11,872
Task 2 -Water Supply Strategy Development (55%)
$40,810
Task 3 - Regulatory Meetings (20%)
$14,840
Task 4 - Project Management (9%)
$6,678
APPROVED BY:
CITY OF BOYNTON BEACH
By:
Kurt Bressner
City Manager
Dated this day of
,2006
SUBMITTED BY:
BROWN AND CALDWELL
By:
Stuart Oppenheim, P .E.
Vice President/Florida Operations Manager
Dated this _ day of
,2005
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VI.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
December 5, 2005 (Noon)
D February 7, 2006
[8J February 21, 2006
D March 7, 2006
D March 21, 2006
January 17,2006 (Noon)
D December 6, 2005
D December 20, 2005
D January 3, 2006
D January 17, 2006
November 14,2005 (Noon.)
February 6, 2006 (Noon)
December 19,2005 (Noon)
February 21, 2006 (Noon)
January 3, 2006 (Noon)
March 6, 2006 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
[8J Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
D Development Plans
D New Business
D Legal
D Unfinished Business
[8J Presentation
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RECOMMENDATION: Approval of Resolution confirms terms and conditions set forth in our EMS Grant ~_~ar~~ -T'
(C-5050) as approved by the Palm Beach County Division of Emergency Medical Services. .. ~ fg
'? <-;1 -,....>
U"j .-r"j""
EXPLANATION: Commission approval in the form ofa resolution is necessary to obtain grant funds awarded to 'tli~
Fire Rescue Dept. for the purchase of an All Terrain Ambulance vehicle with a full ambulance package for use by our
Ocean Rescue personnel. This equipment will allow our Ocean Rescue personnel to quickly respond to medical
emergencies that occur along the wide expanse of beachfront property they provide coverage to. Carrying equipment
by hand over large tracks of sand cause response delays that could negatively effect the patient's medical outcome.
PROGRAM IMPACT: This equipment will dramatically reduce the response times from injury to patient's side. Rapid
response times are also critical to the successful resuscitation of any drowning victim. Given the vast expanse of coverage our
Ocean Rescue personnel respond to, having a motorized means to transport personnel and equipment becomes critical.
FISCAL IMPACT: The grant award pays for 100% of the funding
AL TERNA TIVES: Not accept the grant award and fund the equipment through general funds, or keep the status
quo aod have the Ooeau Lond on foot, a ,..ommendation ~ou'aged hy staff.
H d' S' -~
ent ea sIgnature Ity Manager's Signature
Fire Rescue Dept
Department Name
City Attorney I Finance I Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
I'
/
ATTACHMENT. 2
BOYNTON BEACH FIRE RESCUE DEPARTMENT
Work Plan:
W~rk Actff1tles:
. Time Frames: .
T~ purclweanAJt Terrain Ambulanee (I~eny:Tr.a~r) to quic.kJy access P.tI~~ m need
of medical atten&n at the City. of.BoyDtonB~'s Q~tDfront .p~k, a 12 aqe.site
consiltfng of. pfcnfc.lII'ea, concessfon area;.restrooDil,'ooaJodwalk, open arjl8 plJtygromid,
sand voDeyIlaD and beach which is approximately. 96~ feet m length. . .
Obtain qnote for AD TerrafIi Ambulance
Obtain purchase order .
.1- Qwirter
lat Qnarter
ReceJpt of ATA
.ad' .
z Quarter
Trahung and Iinplementation ..
2.ad Quarter
Proposed Expenditure Plan:
Unit Total
Une Item Prlee Ouantltv Cost
. .
AD Terr~ Ambulance
(Kelly .TraetOr) $9,095.00 1 $9,095.00
Ambulance Package 8,504.00 1 8,504.00
IinpuJse Mfnf IJght Bar . 150.()0 1 150.00
Traftle Ba&er Flasher 40.'00 .1 40;00
Smart Flashers 40.00 1 40.00
!,
21
TOTAL
$17,829.'00
/
Department 'of PublIc Safety
Ivislon of Emergency Marlagement
fice of Emergency Medlca1 Services
20 South Military Trall
West Palm Beach. FL 33415
(561) 712-/)400 .
FAX: (561) 712-6449
www.pbcgov.com
.
Palm Beach County
Board of County
Commissioners
. Thny Masllotti. Chairman
ddie L. Greene. Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt. Aaronson
County Administrator
Robert Weisman
'An Equal Opportrmity
fJinnative Action Employer'
I !F -I- - ~
f< c.... tzIJ I/,.,l 0 b
. r~L
?~.
January 4,2006
Deputy Fire Chief James Ness
Boynton Beach Fire Rescue Dept.
100 East Boynton Beach Blvd.
Boynton BeaCh, FL 33435
.Oro<i<'.
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Dear Deputy Chief Ness:
EMS Grant C5050
The EMS Grant Review Committee has recommended your agency receiv~
$17,829.00 froni the EMS Grant Award Program; please see attached which
covers the items and work schedule for your EMS Grant Award. Boynton
Beach Fire Rescue also has a carryover from EMS Grant C4050 of
$11,540.55 for your CERT Program.
The EMS Grant package is being presented to the Board of County
Cominissioners at their January 10., 2006 meeting. Once it is approved by the
Board, it will be forwarded to the State EMS Office for.th.eir execution.
In the ~eantime, please provide 'us with a letter of confirmation from your
agency's administrator concurring with the amount of the award, activity and
expenditure plans, 81)d assurance that your agency will comply with state and
county grant requirements, including reporting. If you have not submitted a
Resolution from your Governing Board, kindly proceed to obtain same prior
, to making the purchase certifying that monies from the Grant Award will:
1) Improve and expand prehospital services in that coverage area;
2) Not be used to supplant existing provider's budget allocation;
3) Meets the goals and objectives of the EMS County Grant Plan.
f.
Thank you for your cooperation.
ert, tt , S Manager
Division of Emergency Management
RECEIVED
Enc.
JAN 1 7 2006
CITY M.ANAGER'S OFFICE .
, I
1
2
3
4
5
6
7
8
9
10
11
12
13
RESOLUTION NO. R 06-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE
PALM BEACH COUNTY EMERGENCY MEDICAL
SERVICE GRANT PROVIDING FOR THE PURCHASE OF
AN ALL TERRAIN AMBULANCE FOR USE BY OUR
OCEAN RESCUE PERSONNEL; AUTHORIZING AND
DIRECTING THE EXECUTION OF THIS GRANT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature has provided for a program that makes funds available to
14
local emergency medical services programs; and
15
WHEREAS, the Palm Beach County Emergency Medical Services Division has made
16
these grant funds available for the purchase of an All Terrain Ambulance vehicle with full
17
ambulance package; and
18
WHEREAS, the City Commission upon recommendation of staff, recognizes that these
19
funds can and will be used to purchase an All Terrain Ambulance with full ambulance package.
20
21
22
23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
24
ratified and confirmed by the City Commission.
25
Section 2.
The City Commission ofthe City of Boynton Beach hereby authorizes
26 and directs the City Manager to accept and execute the Grant, from the Palm Beach County
27 Emergency Medical Services for the purchase of an All Terrain Ambulance for use by the
28 Ocean Rescue personnel.
29
Section 2.
This Resolution shall become effective immediately upon passage.
, .
1
2 PASSED AND ADOPTED this _ day of February, 2006.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor
8
9
10 Vice Mayor
11
12
13 Commissioner
14
15
16 Commissioner
17
18
19 Commissioner
20 ATTEST:
21
22
23 City Clerk
24
25
26
27
Q(\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVi.
VI.-CONSENT AGENDA
ITEM C.3
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned ill
MeetinJl: Dates in to Citv Clerk's Office MeetinJl: Dates to Citv Clerk's Office
0 December 6, 2005 November 14,2005 (Noon.) 0 February 7, 2006 January 17, 2006 (Noon)
0 December 20, 2005 December 5, 2005 (Noon) ~ February 21, 2006 February 6, 2006 (Noon)
0 January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon)
0 January 17, 2006 January 2, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business i_.'.
AGENDA ITEM 0 Public Hearing 0 Legal -
,
0 0 '..~.
Bids Unfinished Business ,- -~jo
0 Announcement 0 Presentation r<)
L;t
0 City Manager's Report .,.---1
---,
...) _.-'0"
RECOMMENDATION:, "
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with K~et~ ~';
Begnoche & Laura Begnoche for the property at 1166 Alto Rd, Lake Worth, FL (Ridge Grove Add No 1 LTs:JOO &, Q
301).
EXPLANATION:
Tbe parcel covered by tbis agreement includes a single-family bome located in the San CastlelRidge Grove project
area. Only potable water is available for connection to tbe property at tbis time due to recent water main improve-
ments constructed by Palm Beacb County as part of a neighborhood improvement project. (See location map)
PROGRAM IMPACT:
A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No
additional construction will be required by the City to serve this property.
FISCAL IMPACT: None
AL TER~A TIVES:
l"-t:" :l
ne~ This parcel is within the Utilities service area.
-VV'-' -~ .-: ~
Department Head's Ignature
Utilities
Department Name
XC: ~eter Mazzella (wi ropy ofattachments)
Michael Rumpf, Planning & Zoning "
Anthony Penn
File
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
II
1 RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE CITY
8 OF BOYNTON BEACH AND KENNETH BEGNOCHE
9 AND LAURA BEGNOCHE; PROVIDING AN
10 EFFECTIVE DATE.
11
12
13 WHEREAS, the subject property is located outside of the City limits, but within our
14 water and sewer service area, located at 1166 Alto Road, Lake Worth, Florida (Ridge Grove
15 Addition No.1, Lots 300 & 301); and
16 WHEREAS, the parcel covered by this agreement will include a single-family home
17 in San CastlelRidge Grove project which only potable water is available for connection at this
18 time; and
19 WHEREAS, a water distribution main has recently been completed on this street
20 allowing for the service to this parcel; and
21 WHEREAS, no additional construction will be required by the City to serve this
22 property.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28
Section 2.
The City Commission hereby authorizes and directs the City Manager
29 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
S:\CA\RESO\Agreements\Water Service\Begnoche Water Service Agreement.doc
II
1 Kenneth Begnoche and Laura Begnoche, which Agreement is attached hereto as Exhibit "A",
2
Section 3.
This Resolution shall become effective immediately upon passage.
3
4 PASSED AND ADOPTED this _ day of February, 2006.
5
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10
11 Mayor
12
13
14 Vice Mayor
15
16
17 Commissioner
18
19
20 Commissioner
21
22
23 Commissioner
24 Attest:
25
26
27
28 City Clerk
29
30
31 (corporate seal)
S:\CA\RESO\Agreements\Water Service\Begnoche Water Service Agreement.doc
Google Local - 1166 Alto Road, Lake Worth, Florida
Page 1 of I
http://maps. google.coml
2/212006
TIllS INSTRUMENT PREPARED BY:
J ames A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
TillS AGREEMENT made on this _ day of ,200_, by and between
~&VI..Jl ~f)(L @ ~ Lc.uro.. T<eHV\ne:t.~ hereinafter called the "Customer", and the CITY
OF BOYNT BEACH, a municipa corporation of the State of Flonda, heremafter called the
"City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation of the property to be serviced into the City at
the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exlnbit A)
2. The Customer and the City hereby agree that there are M Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises, The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
1
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances .aJ)d rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable
Special Power of Attorney granting to the City the power and authority to execute and advance on
behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall
cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
2
9. Annexation is intended to be and is hereby made a covenant running with the land
described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be
recorded in the Public Records ofPahn Beach County, Florida, and the Customer and all subsequent
transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors
and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impainnent or tennination in water service to be provided under this Agreement due to any
prolnbitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agencies havingjurisdiction over such matters. Also, the City shall have no liability in the event
there is a reduction, impairment or tennination of water service due to acts of God, accidents, strikes,.
boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's
reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents
(Both in their individual and official capacities) from and against all claims, damages, law suits and
expenses including reasonable attorneys fees (whether or not incurred on appeal orin connect:i9n with
post judgment collection) and costs rising out of or resulting from the Customer's obligation under or
performance pursuant to this Agreement including disputes for breach of warranty of title.
12. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
\. _ IN WITNESS WHERE. OF, the parties hereto bave set their hands and seals this ~ day of
...a(\i 'or; ,200-G.
WITNESS:
~C)l~ih~
Witness SignaR;e
~\ Ctnf\C< .1 ~ lAJ t'<; touer
Printed Witness Name
INDMDUAL(S) AS OWNER(S):
p/? 4r-<Z- ~" ~{'~
Owner Signature
kenn e-f+J ~ I-IO(/-'(..
Printed Owner Nam
..~h_~
~,'l~~:~.. SHEILA KAY WALKER
'~'<':&'"
[": :01 MY COMMISSION /I DD 291 m
~. iiJ EXPIRES; February 16, 2008
"'~Rr.,ii-W- Bonded Thru Notary Public Underw!tl915
~
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Witness Signature
, .
~~~~
Printed Witness Nan4 - -
~j
3
.~9-/4~
/L.d~/'==
/ Owner Signature
1) r o.I\l\O.. ~. Ll J~r
Printed Witness Name
/(e 1)1) e-fh fjfjtJ()C~ ~
Printed Owner Na e
L q u rtI &(Q AJ~(hc-
. ./.
LW.:o .w~
Witness Signatur
11 ()/t;. 'AJ (J ~II c~
Printed Witness Name
FOR INDIVIDUAL (S) NOTARIZATION:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
. '.
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
af}!Tesaid . and in the County, aforesaid to take acknowledgments, personally appeared
f)Pflr1rM IX:!) IJDc4~ ~ Zat/ytJ JS~ rJtJcJ<-. to me known to be the
person(s) descriBed in and who executed tne foregoing instrument that he knowledged before
me that he/she executed the same; that the individual w personall known to me r provided the
following proof of identification:
WITNESS my hand and official seal in the County and State last aforesaid this / t, day of
J fA '''1.&4.'7 ,200b . \
(Notary 'Ml\/ ~ () .. ,1ft f. I/,; 11 !J/l l
~~~. SHEILA KAY WAU<ER _~ ~ ~ t!Ju.~<22J-J
~tib.~:*1 MY COMMISSION # DD 291177
~'~'l.; EXPIRES: February 16, 2008 Notary Public
"'1.iif.,~~' Bonded Thru NotaJy I'ut1Ilc Underwriters
WITNESS:
OTY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
ArrEST:
City Clerk
STATE OF FLORIDA )
4
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
, City Manager and , City Clerk
respectively, of the City named in the foregoing agreement and that they severally acknowledged
executing same in the presence oftwo subscribing witnesses freely and voluntarily under authority
duly vested in them by said City and that the City seal affixed thereto is the true corporate seal
affixed thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this
,200_.
day of
(Notary Seal)
Notary Public
Approved as to form:
City Attorney
-;'-.
5
Palm Beach County Property Appraiser Property Search System
Page I of I
_.!:}lhlA","'t;~~lU'!Y, A~IHaiS6f's Public ACC611& Systen
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Property Information
Location Address: 1166 ALTO RD
l,,~~~III&..,,1
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-09-000-3000
Subdivision: RIDGE GROVE ADD 1 IN
Official Records Book: 17895 Page: 549 Sale Date: Nov-2004
Le9al Description: RIDGE GROVE ADD NO 1 LT5 300 & 301
Owner Information
Name: BEGNOCHE KENNETH &
1:,",.,;;y.~rs;"'b;;+1
Mailing Address: 10400 W TARA BLV
BOYNTON BEACH FL 334373514
Sales Information
Sales Date
Book/Page
Price s;algIyPe
Owner
I ;;;r~""YI"lJl
5ep-1998
17895/0549
10743/0~5G
$60,000 0 EED OF TRUST
BEGNOCHE KENNETH &
NoY-2004
$100 WA RRANTY DEED
STRAUB JAMES W TR
Dec-1997
10494/1311
$100 Q un CLAIM
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
2005 2004 2003
$73 734 6497 62 131
$33 689 1851 16 640
$107 423 8348 78 771
Tax Year 2005
Number of Units: 2
*Total Square Feet: 1390
!Jse3;;ode: 0100
Description: RESIDENTIAL
* in residential properties may indicate living area.
Tax Veal':
Assessed Value:
Exemption Amount:
Taxable Value:
1..gj",,~.,,""'...;.;,1
~ .'" , -" "
Tax Values
Tax Veal':
Ad Valorem:
Non Ad Valorem:
Total Tax:
I........,.JU....,~..,I
'.1'121" .. . Tilt
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detail on one page.
R~1:QrjJ Search I InformA-tjQll I E:xemptioll~ I(:QQ1rr1lJf}i!Y I ErnploYmgllt I New Horr~!3jJ';'~ I Offi<& Location?
l,Iilll!~.L\Qjl.Lst:fll(?llLl3j)~mj I ;;ilvJ?Qi,Jr Hom~? I ;;golor Corner I Rig:I~Lfm~r
HOfTlB I Links I gjQs~aJY I~Q I Forms I <:;ontact Us I 2t\_~
CC;! 2004 Palm Beach County Property Appraiser.
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http://www.co.palm-beach.f1.us/papa/aspx/web/detail_info.aspx?p_entity=0043450909000...l/l7 12006
All Owner
Page I of I
All Owner(s)
peN Number:
00-43-45-09-09-000-3000
Owner Names
BEGNOCHE KENNETH 8<
BEGNOCHE LAURA
http://www.co.palm-beach.fl.us/papaJaspx/web/allOwner.aspx?entity_id=00434509090003...lIl7/2006
THIS INSTRUMENT PREPARED BY:
James A. Cheral, Esquire
3099 East Commercial Blvd.
Suite 200
FI. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
. . STATE OF FLORIDA
COUNTY OF ?allM.. 'L1eCU2--[",-
1M/e) I<r"J/W\ ~f-h K~c l"'OC~~ ~ l..o..lJ..("a.. &c l1ocle. hereinafter "Grantee", hereby
C7 - '-) ,)
make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole
purpose of executing on behalf of Grantee the power to initiate, maintain, and complete.::
a voluntary petition for annexation of the real property described herein into the CITY
OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH
full and complete authority to act on Grantee's behalf to accomplish annexation by any
available means. The real property which is the subject of this power is described as
follows:
OQ-43 ~ i.f5 -oq- OC(- 600 -3000
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the I h day of
~V\~~_, 20~ and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
day of -:fanuar y , in the year two thousand and 06
Sealed and delivered in the presence of
J~~~
~{MtIA- ~, LAJe..sJouer
rinted Witness Name
/6
~,+/'--
Ow11er Signature
J'C/) /).e#7 is 9AJ t}c ~ G
Printed Owner Name
~..uJ~
Witness Signatur
IJ JI,'.5 W ~ Ti 'C~
Printed Witness Name
Qt~it ~
\)I(A.~~ ~~ LJ~u-if
Printed Witness Name
o~;,:ure&r:z~
Ifli/yt! Cf!J-,~{Jd e-
Printed Owner Nam
~~
Witness Signature
A M ~ 'l.;J (:J 'j-/ c.../<.
Printed Witness Name
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowled~d before me this -16- day
of :Saraary , 2006, by ;("C h f)-e. /1ochL- and
hllY/4 g::;;Joch~ , who a known to or who have produced
, as identif. . an w did/did not take an oath.
~1J::;r..~r~?... SHEILA KAY WALKER
f*(Ih....~ 'f*~ MY COMMISSION # DO 291177
~.~.~:; EXPIRES: February 16, 2008
"~nf.,i\I~" Bonded Thru Notary Public Underwriters
Type or Print a
Commissi0n No.
My Commission Expires:
POA.JND
...
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0170 10118
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Location Map - 1166 Alto Rd
~'~l
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!
VI.-CONSENT AGENDA
ITEM C.4.
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, EXPRESSING A DESIRE AND
5 INTENT TO MEMORIALIZE THAT PORTION OF 1-95
6 WITHIN CITY LIMITS AS "POW/MIA MEMORIAL
7 HIGHWAY"; AUTHORIZING CITY
8 ADMINISTRATION TO PURSUE ALL NECESSARY
9 STEPS IN OBTAINING APPROVALS AND
10 AUTHORIZATIONS, NECESSARY TO IMPLEMENT
11 THE DESIRE AND INTENT; INCLUDING WITHOUT
12 LIMITATION SECURING APPROVAL FROM LOCAL,
13 STATE AND FEDERAL ENTITIES WITH
14 JURISDICTION OVER HIGHWAYS AND PROVIDING
15 AN EFFECTIVE DATE.
16
17 WHEREAS, the Veterans Advisory Commission has requested the support of the
18 Boynton Beach City Commission to memorialize that portion of 1-95 within City limits of
19 Boynton Beach as "POW/MIA Memorial Highway"; and
20 WHEREAS, Prisoners of war and soldiers who are missing in action have endured
21 terrible suffering for their country and for the cause of freedom. This Resolution seeks to
22 honor our brave men and women whose personal sacrifices should long be remembered.
23 WHEREAS, it is the express desire and intent of the City of Boynton Beach to
24 honor the men and women of the armed forces who served our country and were classified
25 as POW or MIA; and
26 WHEREAS, the symbol of a dedicated highway to POW/MIAs establishes increased
27 pride in veterans, communities and the residents of the City of Boynton Beach; and
28 WHEREAS, the City of Boynton Beach is directing City Administration to secure
29 the necessary authority from local, state and federal agencies in order to memorialize that
30 portion of 1-95 within the City limits of Boynton Beach as "POW/MIA Memorial Highway."
31
2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
3
Section 1. The foregoing "WHEREAS" clauses are true and correct and
hereby ratified and confirmed by the City Commission.
Section 2. The City Commission of the City of Boynton Beach directs City
Administration to secure the necessary authority from local, state, and federal agencies in
order to memorialize that portion of 1-95 within the City limits of Boynton Beach as
"POW /MIA Memorial Highway."
Section 3. The memorializing of that portion of 1-95 within the City limits of
Boynton Beach as "POW /MIA Memorial Highway" will be in the best interests of the
general public of the City of Boynton Beach.
Section 4. That this Resolution will become effective immediately upon passage.
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PASSED AND ADOPTED this _ day of
, 2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.5.
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
D December 6, 2005 November 14,2005 (Noon,) D February 7, 2006 January 17,2006 (Noon)
D December 20, 2005 December 5, 2005 (Noon) l:8J February 21, 2006 February 6, 2006 (Noon)
D January 3, 2006 December 19,2005 (Noon) D March 7, 2006 February 21, 2006 (Noon)
D January 17,2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
l:8J Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
D Development Plans
D New Business
D Legal
D Unfinished Business
D Presentation
-") --4
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RECOMMENDA TION:
~"'"'~
t:=i
Motion to accept and authorize by Resolution the negotiated rates of compensation for services ~h :~~~
each of the twenty (20) final, acceptable, qualified firms that responded to the Request for QualifrQati~~
(RFQ) #065-2821-03/CJD, "Two-Year Contract for General Consulting and Engineering Services for' 'S2
the City of Boynton Beach".
EXPLANATION:
This is the second term under RFQ #065-2821-03. On November 15,2005 the City Commission
approved the renewal of the consultant agreements with each of the twenty (20) consultants and
authorized the Utilities Department to negotiate revised rates for the next term as allowed for in the
Consultant Agreement Overall rates have increase approximately 9%,
As a reminder this RFQ was issued to secure the services of qualified consultants/engineers for
assignments logically tied to the development, operation, and maintenance of the City of Boynton Beach
Utilities Department. It is also intended for use by other departments as applicable.
PROGRAM IMPACT:
The rates were evaluated for each classification and it was determined that it would be in the best
interest of the City to establish an upper limit of 20% above the overall average for each classification as
the maximum allowable rate for negotiation purposes.
Any firm exceeding the maximum allowable rate was given an opportunity to negotiate a rate between
the overall average and the maximum allowable rate outlined above.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT:
The fiscal impact will not be determined until individual task orders are assigned to the firms based on
the needs of a given project.
ALTERNATIVES:
Rates can be approved or a recommendation for further rate negotiation can be directed.
l~' ..R~~
Department Head's Signature
Utilities Department
City Attorney I Finance Human R sources
cc: Mary Munro - Finance
Engineering
Public Works
Parks
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
II
1 RESOLUTION NO. R06
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 RENEWING THE CONSULTANT AGREEMENTS FOR
6 SERVICES WITH NINETEEN COMPANIES AS
7 GENERAL CONSULTANTS FOR ENGINEERING
8 SERVICES; ACCEPTING NEGOTIATED RATES OF
9 COMPENSATION FOR SERVICES; AUTHORIZING
10 EXECUTION OF CONTRACTS; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13
14 WHEREAS, on November 15, 2005, the City Commission of the City of Boynton
15 Beach approved the renewal of the consultant agreements with each of the consultants
16 which were approved under RFQ #065-282l-03/CJD; and
17 WHEREAS, the City Commission of the City of Boynton Beach, upon
18 recommendation of staff, hereby deems it to be in the best interests of the citizens and
19 residents of the City of Boynton Beach, to accept negotiated rates of compensation for
20 services, and authorize execution of contracts with each of the nineteen (19) companies;
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
The City Commission of the City of Boynton Beach, Florida does
27 hereby renew the following twenty engineering firms as being qualified to provide
28 consulting engineering work for the City's Utility Department, accepts the negotiated rates
29 of compensation for services, and authorizes execution of agreements, as follows:
S:\CA\RESO\Agreements\Consultant Agmt Resos\Consultant - Engineering Services 020806.doc
II
1
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Arcadis, Geraghty & Miller;
Boyle Engineering Corporation;
Brown & Caldwell
Camp Dresser & McKee, Inc.;
CH2M Hill, Inc.;
Craig A. Smith & Associates;
Erdman Anthony of Florida, Inc.;
Global Tech, Inc.;
Kimley-Hom & Associates, Inc.;
LBFH, Inc.;
Marco Water Engineering;
Matthews Consulting, Inc.;
Metcalf & Eddy, Inc.;
PBS & J Corporation;
SFRN, Inc.;
Stanley Consultants, Inc.
Tetra Tech HAl;
URS Corporation;
Wantman Group, Inc.;
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of February, 2006.
24
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36
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38
39
40 ATTEST:
41
42
43 City Clerk
44
45
46 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\Consultant Agmt Resos\Consultant - Engineering Services 020806.doc
TWO (2) YEAR CONTRACT FOR GENERAL CONSULTING AND
ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH
RFQ #065-2821-03/CJD
CLASSIFICATION AND HOURLY RATES - 2005/2006 RENEWAL
NAME OF FIRM AND HOURLY RATE
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1 Project Director (Principal) $173.770 $208.52 $159.17 9%
2 Client Service Manager $159.194 $191.03 $151.81 5%
3 Senior Project Manager $144.175 $173.01 $136.32 6%
4 Project Engineer $106.526 $127.83 $100.25 6%
5 Scientist $95.159 $114.19 98.111 -3%
6 Senior Designer $94.719 $113.66 $88.69 7%
7 Designer $76.422 $91.71 $71.13 7%
8 Senior Engineer/Hydrogeologist $127.115 $152.54 $117.31 8%
9 Engineer/Hydrogeologist (Technical Specialist) $93.254 $111.90 $89.23 5%
10 Senior Professional Surveyor/Mapper $110.071 $132.09 $106.15 4%
11 Professional Surveyor/Mapper $94.500 $113.40 $90.00 5%
12 Engineering/Survey Technician $72.154 $86.58 $67.64 7%
13 Senior Field Representative (Professional) $104.656 $125.59 $96.79 8%
14 Survey Crew $120.000 $144.00 $108.67 10%
Page 1 of 4
TWO (2) YEAR CONTRACT FOR GENERAL CONSULTING AND
ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH
RFQ #065-2821-03/CJD
CLASSIFICATION AND HOURLY RATES - 2005/2006 RENEWAL
NAME OF FIRM AND HOURLY RATE
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15 GIS Specialist $97.111 $116.53 $107.28 -9%
16 Graphics Specialist $78.000 $93.60 $73.64 6%
17 Senior Inspector $84.167 $101.00 $75.67 11%
18 GPS Equipment/Crew $52.778 $63.33 $52.50 1%
19 Senior Administrative Support $63.820 $76.58 $61.84 3%
20 Administrative Support $50.972 $61.17 $43.75 17%
21 Paraprofessional $67.000 $80.40 $67.94 -1%
22 Aerial PhotoQrammetry $0.00
23 Computer System Analysis $105.143 $126.17 111.286 -6%
24 Rate Study $150.286 $180.34 136.375 10%
25 Financial Services $152.500 $183.00 145.542 5%
26 Instrumentation and Control Services $134.400 $161.28 130.25 3%
27 Human Resource Services $109.400 $131.28 102.8 6%
28 Data Acquisition and Control Services $118.333 $142.00 115.8 2%
29 Direct Costs - Mark-up % Office, reproduction, mailing, e $0.152 $0.18 0.091 67%
30 Direct Costs - Mark-up % sub-consultants $0.159 $0.19 0.094 69%
A AVERAGE $109.671 $131.60 9%
Page 2 of 4
J3wJ
The City of Boynton Beach
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6451
FAX (561) 742-6298
Website:www. ci. boynton-beach. fl. us
Certified Letter #7004-2510-0003-1337-5391
November 29, 2005
Arcadis, Geraghty & Miller
Libbey Webb, P.E.
420 Columbia Drive, Suite 110
West Palm Beach, FL 33409
Dear Ms. Webb:
Weare pleased to inform you that during the commission meeting on November 15,2005, the City
Commission approved the renewal of your consultant agreement as allowed in the agreement issued
under RFQ #065-282l-03/CJD. The City Commission also authorized the Utilities Department to
conduct negotiations for compensation rates related to consultant and or engineering services.
RFQ #065-282l-03/CJD approved your firm for two (2) scopes of services and one (1) scope under
Lawson, Noble & Webb, Inc.:
. Scope A: Water Plant Expansion and Capacity Replacement
. Scope B: Wellfield Development and Hvdroe:eoloe:ical Services
. Scope C: Infrastructure Improvements (Lawson. Noble. & Webb. Inc.)
This approval begins the negotiation process for the City to establish contractual classification rates
and mark-up percentages for the services to be requested.
We ask that you submit your billable classification rates and mark-up percentages within the attached
schedule. In each classification please provide names ofthe individuals as referenced in RFQ #065-
282l-03/CJD that correspond to the classification. To facilitate our process we are asking that you
standardize your positions to meet our classifications.
America's Gateway to the Gulfstream
If your firm has additional individuals not listed in the original RFQ, please submit a resume for
our records along with any other updated information you deem appropriate.
We need a response to this letter initiating the negotiations no later than December 12, 2005. Please
direct your responses to me, Barbara Conboy, Manager, Utilities Administration. If we do not
receive a response in the allotted time, we will assume that the current rates will remain for the next
term. The City of Boynton Beach staff will evaluate the rates submitted and determine if further
negotiation is needed with individual firms.
The City of Boynton Beach looks forward to successful negotiations and continuing the process with
your firm to result in execution of a renewed Two-Year General Consulting and Engineering
Contract. Upon successful negotiations, renewed Consultant Agreements and the negotiated rates
will be submitted to City Commission for final approval.
Sincerely,
!rr~CH
Barbara Conboy -- - ~
Manager, Utilities Administration
Attachments - Current classification rate table
Blank classification rate table
cc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Procurement Services
2
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
Client Service Manager
Senior Project Manager
Proj ect Engineer
Scientist
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/H ydrogeologist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
- - - - -..-
3
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support
~~ ~ - ~- -_._-
4
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
-.- - -- -
5
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Hourly Rate
Employees Identified
6
EXHIBIT B
ARCADlS
Arcadis G & M, Inc.
(Including Lawson, Noble & Webb)
RFQ #2821-065-03/CJD
Compensation Rates
11-18-03 through 11-18-05
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION
WHERE AN HOURLY RATE IS ASSIGNED
Project Director (Principal
Client Service Manager
Senior Project Manager
...--........., " .
..-,.,.....'.....
..-.................
J:l9#rIY
:gate
$180
$160
$150
$90
$75
$85
$70
$135
Proj ect Engineer
Scientist
Senior Designer
Designer
Senior EngineerlHydrogeologist
EngineerlH ydrogeologist (Technical
Specialist)
Senior Professional Surveyor/Mapper
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up %
Sub consultants
$94
$65
$80
$85
$80
$65
$50
Tom Tessier
Tom Jensen, Mike Waldron, Jim Macon,
Bill Reese, Bill Lynch
Nexhip Maska, Rod Miller, Sally Durall
Brian Oliva
Bill Vogelsong, Mike Kladias, Doug
Young, Wayne Welch, Ed Springthorpe
Lech K wapinski
Cost + 10%
Cost + 10%
O:\PROPOSAL\BOYNTON\Engineenng Services June 2003\Draft. Proponl\boyntoobcachrates-i 003.doc
REVISED 10/22/03
Lawson, Noble & Webb, Inc.
(Now under Arcadis G&M, Inc.)
RFQ #2821-065-03/CJD
Compensation Rates
11-18-03 through 11-18-05
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
EXHIBIT B
Project Director (Principal)
31 Years Experience in Engineering
Responsible for Quality Control Reviews.
Robert W. Lawson, P.E.
Client Service Manager
N/A
Senior Project Manager - 20 years $110
experience as Professional Engineer in
responsible charge for the oversight of
planning, design and construction of
projects and staff supervision.
Responsibilities include client
communications, proposal preparation,
manpower budgeting and projections,
project scheduling, project profitability
and regular updates to client on project
status.
Project Engineer - 21 years experience $90
as Professional Engineer responsible for
design, plan preparation, specifications
and pennitting of water/wastewater and
drainage improvement projects.
Responsibilities also include oversight of
field inspector activities and daily reports,
pay request approvals, along with shop
drawing reviews and approvals and fmal
certification documents.
Scientist
Henry W. Deibel Jr. P.E.
Steven Colbath P.E.
Robert A. McSorley P.E.
N/A
Senior Designer
N/A
T:\Admin\Libbey\The City of Boynton Beach Contract Rates.doc
Pa e 1 of 5
EXHIBIT B
Designer - 11 Years experience in $65 Bonnie Fazio
providing CADn support and preparation
of construction drawings under the
supervision of a professional engineer.
Senior Engineer/Hydrogeologist N/A
Engineer/Hydrogeologist(T echnical N/A
Specialist)
Senior Professional Surveyor/Mapper $110 Perry C. White, PSM
- 24 Years experience as a Professional
Surveyor. Responsible for the oversight
of all major boundary, topographic and
design surveys. Responsibilities also
include quality assurance reviews,
manpower projections and job-costing of
all phases of survey operations.
T:\Admin\Libbey\The City of Boynton Beach Contract Rates. doc
P'.:lg~ .., n.f' "
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
Professional SurveyorlMapper - 27 $100 Wilbur Divine, PSM
Years experience as a Professional
Surveyor. Responsibilities include field
crew personnel scheduling and
coordination and daily review of field
data collection.
Engineering/Survey Technician -18 $65 Bruce Johnson
years experience performing under the Lynn Slaughter
direction of a registered engineer and/or
surveyor to assist in the preparation of
base maps and construction plan
documents and details.
Senior Field Representative N/A
(professional )
Survey Crew - Our party chiefhas over $95 (2 man) Anthony McLemore P.S.M.(Party
32 years experience in collection offield $115 (3 man) Chief)
data for boundary, topographic and Richard Darville (Instrument Person)
design survey projects to support Larry Martinez (Rod Person)
enf];ineerinf]; desimls.
GIS Specialist N/A
Graphics Specialist N/A
Senior Inspector - 28 years of $65 Dennis Horton
experience on all activities related to David McKenzie
project construction contract
administration including shop drawing
process, field observations, reports
change orders and pay requests. Also
responsible for the construction
coordination process with emphasis on
efficiencv, quality assurance and rapid
T:\Admin\Libbey\The City of Boynton Beach Contract Rates.doc
Page 3 of 5
EXHIBIT B
coordination process with emphasis on
efficiency, quality assurance and rapid
project close-out. Also responsible for
coordinating with governmental agencies
re uirin 'oint ins ection activities.
GPS Equipment - Hourly price for $70
equipment only. Does not include
personnel
Senior Administrative Support N/ A
Administrative Support - With 8 years $40
experience responsibilities include word
processing and permit preparation,
applications, and final certifications.
Maintains records of active project permit
and certification status, together with
keeping current with agency fees and
ermit ack e r uirements.
Jody Justice
G:\Admin\Marketing\Proposals\ WPB\2003\RFPs\A03 Boynton Engineering 6-17-03\ The City of Boynton
Beach Contract Rates.doc
PaQ:e 4 of 5
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
Aerial Photogrammetry N/A
Computer System Analysis N/A
Rate Study N/A
Financial Services N/A
Instrumentation and Control Services N/A
Human Resource Services N/A
Data Acquisition and Control Services N/A
Direct Costs - Mark-up % 10%
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub- 10%
Consultants
T:\Admin\Libbey\The City of Boynton Beach Contract Rates.doc
Pllgf' " of"
The City of Boynton Beach
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6451
FAX: (561) 742-6298
Website:www.ci.boynton-beach.fl.us
Certified Letter #7004-2510-0003-1337-5407
November 29,2005
Boyle Engineering Corporation
A. Thomas Brown, P .E.
1400 Centrepark Blvd., Suite 810
West Palm Beach, FL 33414
Dear Mr. Brown:
Weare pleased to inform you that during the commission meeting on November 15, 2005, the City
Commission approved the renewal of your consultant agreement as allowed in the agreement issued
under RFQ #065-282l-03/CJD. The City Commission also authorized the Utilities Department to
conduct negotiations for compensation rates related to consultant and or engineering services.
RFQ #065-282l-03/CJD approved your firm for one (1) scope of service:
· Scoue D: Ancillary Studies and Services
This approval begins the negotiation process for the City to establish contractual classification rates
and mark-up percentages for the services to be requested.
We ask that you submit your billable classification rates and mark-up percentages within the attached
schedule. In each classification please provide names ofthe individuals as referenced in RFQ #065-
2821-03/CJD that correspond to the classification. To facilitate our process we are asking that you
standardize your positions to meet our classifications.
Americas Gateway to the Gulfstream
If your firm has additional individuals not listed in the original RFQ, please submit a resume for
our records along with any other updated information you deem appropriate.
We need a response to this letter initiating the negotiations no later than December 12, 2005. Please
direct your responses to me, Barbara Conboy, Manager, Utilities Administration. If we do not
receive a response in the allotted time, we will assume that the current rates will remain for the next
term. The City of Boynton Beach staff will evaluate the rates submitted and determine if further
negotiation is needed with individual firms.
The City of Boynton Beach looks forward to successful negotiations and continuing the process with
your firm to result in execution of a renewed Two-Year General Consulting and Engineering
Contract. Upon successful negotiations, renewed Consultant Agreements and the negotiated rates
will be submitted to City Commission for final approval.
Sincerely,
CITY OF BOYNTON BEACH
~W
Barbara Conboy G
Manager, Utilities Administration
Attachments - Current classification rate table
Blank classification rate table
cc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Procurement Services
2
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
Client Service Manager
Senior Project Manager
Project Engineer
Scientist
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/H ydrogeologist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
~ - ~- ~- -
3
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support
-- - ._~,---- .. -- ---- - - - -.
4
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
-- _.---
5
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Hourly Rate
Employees Identified
6
Boyle Engineering Corporation
EXHIBIT B RFQ #2821-065-03/CJD
. . C . Compensation Rates
Boyle Engmeermg orporatlOD 11-18-03 through 11-18-05
Employee Classifications and Billing Rate:
(October 1, 2003)
$
$
$ t"ffl:68.
I/.;,3 ,,;:
$' 1~
$ 100.00
Boyle
Classification
PG-8
PG-7
Tim Brodeur; Vic Godlewski, Dan PG-7
Homblette ~ Ii, .v /0 leJ
Juan Guevarez 5j/J)_1 fir ID.)J. PG-6
Tom Jacobs, April Stephens, David PG-5,
Whitne PG-3
Don Watt, Russ Mathews, Doug
Ko elmann
Jon Evans, Ken Kaufman, Edith
Stevens-Menzel, Ste hen Wilkins
Frank Heck, Dwyane Kreidler, Tracy PG-6,
Lewis, Steve Lockington, Will PG-5
Lovins, Paul Markel, Pam Miller,
Charles Olson, Mark Pellish, David
Plavcan, Bob Rutter, Michael S'1f'
Melissa Blaney, Jon Bundy, Jackie
Foster, Roberto Gonzalez, Shelia
Guevara, Vicki Scarpate, David
Selhorst, Chad Shockley, Ed Wills,
Zhimin Chen
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/Hydrogeologist (Technical Special $
Direct Costs - Mark-u
sub consultants
$
90.00
$
62.00
$
125.00
90.00
PG-4,
PG-3,
PG-2
none
none
none
none
none
none
$ 66.00 Donna Roone
$ 75.00 Jim Vernon, Glenn Kendrick
none
$ 66.00 Barbara Larente; Anka Backer, Janet
McKni t
$ 54.00 Kartina Baldwin
none
none
$ 105.00 Tom Baker, Brad Ste hens
none
none
none
none
none
5% mark-up on outside costs; in-
house at cost; computers $3.30 per
labor hour; communication (fax, long
distance $0.55 er labor hour
10% mark-u on sub consultant
EXHIBIT B
BOI,ILE
REceiVED
OCT 22 2003
..
,I \ f L :;~ I ~,
1400 Centrepark Boulevard, Suite 810
West Palm Beach, FL 33401
TEL: (561 )683-7400
FAX: (561)683-7010
www.boyleengineering.com
Ms. Barbara Conboy
Manager, Utilities Administrator
Utilities Department
City of Boynton Beach
124 E. Woolbright Road
BOY11tCHl Deaell, FIJ 3343.4.
October 21, 2003
.
RE: Professional Engineering Services
Billing Rates
Dear Ms. Conboy:
Reference is made to your letter of October 10,2003, regarding Boyle's standard billing rates as
compared to the range of rates deemed acceptable by the City. This correspondence confirms
that Boyle is agreeable to work within the twenty percent (20%) range above the average rates
for the Senior Project Manager and Project Manager employee classifications as presented in
your letter.
If any further clarification is desired, please do not hesitate to contact this office.
Sincerely,
ration
CHG:kab
CC: Tommy Brown/Boyle Engineering - Orlando
EMP BILLABLE RATES - BARBARA CONBOY -UPDA TEDOC
BOYLE ENGINEERING CORPORATION
. The City of Boynton Beach
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6451
FAX: (561) 742-6298
Website:www.ci.boynton-beach.fl.us
Certified Letter #7004-2510-0003-1337 -5414
November 29,2005
Brown & Caldwell
Ron Ash, P .E.
1800 S. Australian Avenue, Suite 202
West Palm Beach, FL 33409
Dear Mr. Ash:
We are pleased to inform you that during the commission meeting on November 15,2005, the City
Commission approved the renewal of your consultant agreement as allowed in the agreement issued
under RFQ #065-2821-03/CJD. The City Commission also authorized the Utilities Department to
conduct negotiations for compensation rates related to consultant and or engineering services.
RFQ #065- 2821-03/CJD approved your firm for two (2) scopes of services:
. Scope C: Infrastructure Improvements
. Scope D: Ancillarv Studies and Services
This approval begins the negotiation process for the City to establish contractual classification rates
and mark-up percentages for the services to be requested.
We ask that you submit your billable classification rates and mark -up percentages within the attached
schedule. In each classification please provide names ofthe individuals as referenced in RFQ #065-
2821-03/CJD that correspond to the classification. To facilitate our process we are asking that you
standardize your positions to meet our classifications.
America's Gateway to the GuIfstream
If your firm has additional individuals not listed in the original RFQ, please submit a resume for
our records along with any other updated information you deem appropriate.
We need a response to this letter initiating the negotiations no later than December 12, 2005. Please
direct your responses to me, Barbara Conboy, Manager, Utilities Administration. If we do not
receive a response in the allotted time, we will assume that the current rates will remain for the next
term. The City of Boynton Beach staff will evaluate the rates submitted and determine if further
negotiation is needed with individual firms.
The City of Boynton Beach looks forward to successful negotiations and continuing the process with
your firm to result in execution of a renewed Two-Year General Consulting and Engineering
Contract. Upon successful negotiations, renewed Consultant Agreements and the negotiated rates
will be submitted to City Commission for final approval.
Sincerely,
CITY OF BOYNTON BEACH
~o~~
Manager, Utilities Administration
Attachments - Current classification rate table
Blank classification rate table
cc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Procurement Services
2
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
Client Service Manager
Senior Project Manager
Project Engineer
Scientist
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/H ydrogeologist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
~ ~ ---- -~ -
3
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support
~ ~- _-0- ---- . -~
4
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
-. - -'-"-
5
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Hourly Rate
Employees Identified
6
Brown & Caldwell
RFQ #2821-065-03/CJD
PLEASE PROVIDE A BRIEF DESCRlPTIOr Compensation Rates
11-18-03 through 11-18-05
CLASSIFICATION WHERE AN HOURLY RA 1
EXHIBIT B
Classification Hourly Rate Employees Identified.
Project Director (Principal) $175 Stuart Oppenheim
Over 27 years experience. Responsibility Phil Feeney
include ensuring resources are applied to
provide client satisfaction.
Client Service Manager $185 Ron Ash
Over 30 years of experience in the Utility
Industry. Responsible for maintaining client
satisfaction.
Senior Project Manager $150 Ted Hortenstine
Over 20 years of experience. Provide technical John McLaughlin
and discipline support as tasks are assigned. Jim Nissen
Joseph Paterniti
Project Engineer U45- Dilip Shaw
Over 20 years experience. Provide technical 1~5' C() Bob Hrabovsky
and discipline support as tasks are assigned. ~ 1e.--1er fo.)'i5 ..c::B Rodger Toebben
Scientist $-m-' John Bratby
Over 30 years experience in the areas of process IJ I. DD
design. ~ leH.zr 16.J.f,a,
Senior Designer fCff.r Steve Davies
Over 32 years of experience in design and ~ (eJ{JY' (6~~.~
construction of infrastructure.
Designer $S9-"i?-"~ Robert Forsythe
Over 15 years of experience in laying out ~ t.e.#... b.",~~
complex infrastructure systems
Senior EngineerlHydrogeologist $107 June Smith
Over 10 years of experience specializing in
pumping system hydraulics and pump
stationslforcemains.
Engineer/Hydrogeologist (Technical Specialist) $88 Emily Mott
Over 4 years of experience in support of general Sean Kilpatrick
engineering/infrastructure projects:
Senior Professional Surveyor/Mapper $100 Perry C. White, PSM
Over 24 years experience as a Professional
Surveyor. Responsible for the oversight of all
major boundary, topographic and design
surveys. Responsibilities also include quality
assurance reviews, manpower projections and
job costing of all phases of survey operations.
* Not Identified in the Proposal
1
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional SurveyorlMapper $100 Wilbur Divine, PSM
Over 27 years experience as a Professional
Surveyor. Responsibilities include field crew
personnel scheduling and coordination and daily
review of field data collection.
Engineering/Survey Technical $65 Bruce Johnson
Over 18 years experience performing under the Lynn Slaughter
direction of a registered engineer and/or surveyor
to assist in the preparation of base maps and
construction plan documents and details.
Senior Field Representative (Professional) ~. Ed Basham
Over 35 years of construction engineering ; ()~. 00
experience in Civil, Structural, Mechanical, :!acL./e.#.er lo;X ~
Inspection and Construction Management.
Survey Crew $95 (2 man) Anthony McLemore P.S.M. (Party
Over 32 years experience in collection offield $115 (3 man) Chief)
data for boundary, topographic and design survey Richard Darville (Instrument Person)
projects to support engineering designs Larry Martinez (Rod Person)
GIS Specialist $l68- It.) Rene Rodriguez
Over 20 years experience as GIS/IT professional I '3 G.
~ Ie.ll.... 'O'.1~,~
Graphics Specialist
Senior Inspector $90 Frank Torre
Over 23 years of experience conducting sanitary
sewer evaluation surveys
GPS Equipment ~.. Roger Filer (Party Chief)
Over 22 years experience in data collection and ~lDL(I Bill Carpenter (Instrument Person)
survey field activities. We utilize GPS for ~ I eJ/v
boundary and topographic surveys, horizontal J o~ <t;.tij
surveys and major canal cross-section pr()jects.
Senior Administrative Support* ~ Gina F. Rodriguez
Over 15 years experience as a project coordinator ~o'~
in support of en~ineerinJ:1construction -proiects. ~/e#q IO-;j~($
Administrative Support $53 Melissa Wich
Over 10 years of experience in document Annie Vega
preparation. Mary Price
* Not Identified in the Proposal
2
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURL Y RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrannnetry
Computer System Analysis ~ Scott Bash
Over 18 years of experience in developing 131"00
information technology solutions. ~ (~.QI' IO..n/CS
Rate Study $140 Grant Hoag
Over 15 years of experience in financial
consulting to utilities and governments.
Financial Services $l-8e- Richard Stahr
Over 22 years of business consuhing 1'16 oJ Roy Herwig
involving strategic planning for ~/e.-~ to-.Q?;.t.5 Len Enriquez
municipalities.
Instrumentation and Control Services $142 Steve Stem
Over 30 years of experience in
electricaVpower/automation design for
utilities.
Human Resources Services $.l.8O-. Jim Couclaine
Over 24 years of experience with expertise as J'3 'S"Q:)
an instructor in management, operation, and ~ J~~cv /o'J<('~
maintenance of utilities.
Data Acquisition and Control Services $115 Ron Stewart
Over 35 years of experience in SCADA
systems particularly for the water and
wastewater industry.
Direct Cost - Mark-up % Office, 10%
reproduction, mailing etc.
Direct Cost - Mark-up % sub-consuhants 10%
* Not Identified in the Proposal
3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Geotechnical Project Manager $130 Raj Krishnasamy
Over 16 years of geotechnical experience
with involvement in diversified complex
projects.
III Project Manager $150 Rudy Fernandez
Over 31 years of experience in the
management of infihrationlinflow reduction
programs.
III Project Engineer $95 Ron Lynn
Over 20 years of experience in conducting
infihrationlinflow reduction prosuams.
* Not Identified in the Proposal
4
10-28-03; 1: 18PM;BROWN AND CALDWELL
l3 1'. 0 i:.~, \ tJ D '
( .\ L "- \ \\ l ' r
;5616849902
# 2/ 2
1800 South Australian Avenue
Suite 202
West Palm Beach, Florida 33409
Tel: (561) 684--3456
Froc (561) 684-9902
www.brownandcaldwdl.com
EXHIBIT B
October 28, 2003
Barbara Conboy, Manager
Utilities Administration
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33435
RE: Revised Rates
Dear Barbara:
Thank: you for giving Brown and Caldwell the opportunity to revise our rates
for the classifications in question. Please note that the revised rates as presented
have been rounded off to the nearest dollar.
CLASSIFICATION
REVISED RATES
Project Engineer
Scientist
Senior Designer
Designer
Senior Field Representative (professional)
GIS Specialist
GPS Equipment/Crew
Senior Administrative Support
Computer System Analysis
Financial Services
Human Resource Services
$123.00
$121.00
$109.00
$ 87.00
$122.00
$136.00
$ 86.00
$ 80.00
$135.00
$175.00
$135.00
Should you have any questions please do not hesitate to contact me at anytime.
Sincerely,
Brown and Caldwell
eY~c#4~
Ronald M. Ash, P.E.
Vice President
Env ronml!ntal Eng nl!l!rs & Consultants
The City of Boynton Beach
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6451
FAX (561) 742-6298
Website."www.ci.boynton-beach.fl.us
Certified Letter #7004-2510-0003-1337-5421
November 29, 2005
Camp Dresser & McKee, Inc.
Dave Collins, P .E.
1601 Belvedere Road, Suite 211 S.
West Palm Beach, FL 33406
Dear Mr. Collins:
We are pleased to inform you that during the commission meeting on November 15,2005, the City
Commission approved the renewal of your consultant agreement as allowed in the agreement issued
under RFQ #065-282l-03/CJD. The City Commission also authorized the Utilities Department to
conduct negotiations for compensation rates related to consultant and or engineering services.
RFQ #065-282l-03/CJD approved your firm for one (1) scope of service:
. Scope A: Water Plant Expansions and Capacity Replacement
This approval begins the negotiation process for the City to establish contractual classification rates
and mark-up percentages for the services to be requested.
We ask that you submit your billable classification rates and mark-up percentages within the attached
schedule. In each classification please provide names of the individuals as referenced in RFQ #065-
2821-03/CJD that correspond to the classification. To facilitate our process we are asking that you
standardize your positions to meet our classifications.
America's Gateway to the Gulfstream
If your firm has additional individuals not listed in the original RFQ, please submit a resume for
our records along with any other updated information you deem appropriate.
We need a response to this letter initiating the negotiations no later than December 12, 2005. Please
direct your responses to me, Barbara Conboy, Manager, Utilities Administration. If we do not
receive a response in the allotted time, we will assume that the current rates will remain for the next
term. The City of Boynton Beach staff will evaluate the rates submitted and determine if further
negotiation is needed with individual firms.
The City of Boynton Beach looks forward to successful negotiations and continuing the process with
your firm to result in execution of a renewed Two-Year General Consulting and Engineering
Contract. Upon successful negotiations, renewed Consultant Agreements and the negotiated rates
will be submitted to City Commission for final approval.
Sincerely,
CITY OF BOYNTON BEACH
&~'- (h/
Barbara Conboy ~
Manager, Utilities Administration
Attachments - Current classification rate table
Blank classification rate table
cc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Procurement Services
2
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
Client Service Manager
Senior Project Manager
Project Engineer
Scientist
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/Hydro geologist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
~._- n _ - -.--- --
3
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support
~. . --.-.-.-
4
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
~
5
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Hourly Rate
Employees Identified
6
Camp Dresser & McKee, Inc.
RFQ #2821-065-03/CJD
EXHIBIT B Compensation Rates
PLEASE PROVIDE A BRIEF DESCRIPTION 11-18-03 through 11-18-05
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (principal) $145 David Holtz
William Nelson
, - Donald Thompson
Client Service Manager $165 Donald Munksgaard
Senior Project Manager $125 Curtis Kiefer
Frank Brinson
Project Engineer $105 Timothy Verwey
Gregory Shaw
Scientist
Senior Designer $90 William Spriggs
Dana Garrett
Designer $72 Jennifer Gerth
Allyson Nunes
Senior Engineer/Hydrogeologist $100 Jorge Elias
Paul Pouliot
Engineer/Hydrogeologist(T echnical $84 Suzanne Meyer
Specialist) Lewis Laine
Senior Professional SurveyorlMapper
3
EXBlUTT,B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative $90 Jeff Manning
(professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support $60 Rebecca Simpson
Administrative Support $50 Denis Egilmez
Wendy Loftus
4
"
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogramrnetry
Computer System Analysis
Rate Study $135 Daniel Anderson
Financial Services $90 Loretta Donofrio
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
5
The City of Boynton Beach
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6451
FAX (561) 742-6298
Websi te:www.ci.boynton-beach.fl.us
Certified Letter #7004-2510-0003-1337-5438
November 29, 2005
CH2M Hill
Wendy Nero, P.E.
800 Fairway Drive, Suite 350
Deerfield Beach, FL 33441-1831
Dear Ms. Nero:
Weare pleased to inform you that during the commission meeting on November 15,2005, the City
Commission approved the renewal of your consultant agreement as allowed in the agreement issued
under RFQ #065-2821-03/CJD. The City Commission also authorized the Utilities Department to
conduct negotiations for compensation rates related to consultant and or engineering services.
RFQ #065-282l-03/CJD approved your firm for four (4) scopes of services
. Scope A: West Plant Expansions and Capacity Replacement
. Scope B: Wellfield Development and Hvdro2eolo2V Services
. Scope C: Infrstructure Improvements
. Scope D: Ancillary Studies and Services
This approval begins the negotiation process for the City to establish contractual classification rates
and mark-up percentages for the services to be requested.
We ask that you submit your billable classification rates and mark -up percentages within the attached
schedule. In each classification please provide names of the individuals as referenced in RFQ #065-
282l-03/CJD that correspond to the classification. To facilitate our process we are asking that you
standardize your positions to meet our classifications.
America's Gateway to the Gulfstream
If your firm has additional individuals not listed in the original RFQ, please submit a resume for
our records along with any other updated information you deem appropriate.
We need a response to this letter initiating the negotiations no later than December 12, 2005. Please
direct your responses to me, Barbara Conboy, Manager, Utilities Administration. If we do not
receive a response in the allotted time, we will assume that the current rates will remain for the next
term. The City of Boynton Beach staff will evaluate the rates submitted and determine if further
negotiation is needed with individual firms.
The City of Boynton Beach looks forward to successful negotiations and continuing the process with
your firm to result in execution of a renewed Two-Year General Consulting and Engineering
Contract. Upon successful negotiations, renewed Consultant Agreements and the negotiated rates
will be submitted to City Commission for final approval.
Sincerely,
CITY OF BOYNTON BEACH
~~G~OV
Barbara Conboy G
Manager, Utilities Administration
Attachments - Current classification rate table
Blank classification rate table
cc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Procurement Services
2
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
Client Service Manager
Senior Project Manager
Project Engineer
Scientist
Senior Designer
Designer
Senior Engineer/Hydrogeologist
EngineerlHydrogeologist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
-- .- - . - ~- --
3
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support
- -.- -
4
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
-
5
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Hourly Rate
Employees Identified
6
EXHIBIT B
CHlM Hill
RFQ #2821-065-03/CJD
Compensation Rates
11-18-03 through 11-18-05
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal) - This $195.00 McCORMICK, TOM; DY AK, JAMES
position is an officer of the firm and
has signatory authority
Client Service Manager - This $150.00 OLSON, RICHARD
position has primary responsibility for
all client needs and oversees project
delivery
Senior Project Manager - Senior $160.00 EMANUEL, RICHARD; SCHWARZ,
Professional on project management WALTER; SHARP, TIMOTHY;
career path. Capable of directing large SKEHAN, SEAN; WOBMA, PAUL
multi-discipline projects
Project Engineer - Senior technical $122.00 MACHOWICZ, ROBERT; MANGRUM,
professional capable of managing CARL; MORALES, RICARDO;
tasks and small projects. Licensed PONTEK, ROBERT; POSTROZNY,
with over 10 years of professional HENRY; SCHUMAN, DAVID
expenence.
Scientist - Environmental professional $95.00 BENNETI, FRANCES; LANDRUM,
specializing in permitting MIKE; PATIERSON, ELEN; SLOAN,
ANDREW
Senior Designer - professional $95.00 BOWER, LARRY; LANGLEY,
capable of directing design team and PHILLIP; TAYLOR, MICHAEL C.
developing design concepts from
engineering staff
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Designer - technician level directed by $80.00 BISHOP, GREG; BRANSTROM,
senior designer of engineer NANCY
Senior Engineer/Hydrogeologist - $110.00 PARRILLO, JASON; POWERS JOHN;
Senior, licensed professional, with TRETTIN, DIANA; Y ALLAL Y,
over 5 years of professional BRANDON
expenence.
Engin eer/Hydrogeologist(T echnical $85.00 DEBRINCA T, JASON; HOLMES,
Specialist) - junior, degreed CHRIS; PETERS, CHRIS; REINA,
professional. JENNY; SCHILLING, MARK
Senior Professional $90.00 DAVIS, JAMES
Surveyor/Mapper - professional to
prepare scopes of work for
subcontracting.
Professional Surveyor/Mapper TBD TBD as needed
Engineering/Survey Technician - $70.00 KLEIN, OLGA; SHAW, TAZMI;
Junior technician capable of preparing SMITH, PETER
design drawings or gathering field
data.
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Senior Field Representative $122.00 FORD, LANETRA; FURDOCK,
(Professional) - senior construction MICHAEL; RABIDEAU, JAMES;
professional capable of directing KENYON, LEONARD
significant construction projects.
Survey Crew TBD TBD as needed
GIS Specialist - technical professional $90.00 SOBOTA, PETER; ZHAO, HONGYING
to develop, access, and modify GIS
data bases.
Graphics Specialist - professional $75.00 BRADLEY, MARK; BRESNEY,
capable of developing electronic CAROL; PANZER, ANGELI;
engineering and presentation graphics RABIDOUX, JAMES
Senior Inspector - technical specialist $92.00 WILLIS, CURTIS
capable of directing construction
proj ects
GPS Equipment N/A N/A
Senior Administrative Support - $75.00 FRITCH, MOLLY; GUMM,
senior administrative staff capable of DOROTHY; WILLOUGHBY, YVONNE
providing document control during
construction projects, project
accounting, and assisting with
subcontract preparation
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Administrative Support - general $54.00 OLIVER, WILLIAM; PACE,
office staff, photocopying, mail, etc. ROBERTA; WALLACE, ANNE
Paraprofessional - unlicensed staff $80.00 BOND, RYAN; MOORE, MICHAEL;
who provide professional service in SPURLIN, GABRIELLE; WIDGREN,
accounting, contract review, and VALERIE
contract review.
Aerial Photogrammetry TBD TBD as needed
Computer System Analysis - $100.00 CRISCUOLO, BOB
professional staff with unique skills
capable of providing assistance on
computer networks, web site, and
software applications
Rate Study - licensed, degreed $155.00 GREEN, DAVID
professional capable of providing
demand projections, rate study
analysis, and rate justification
Financial Services - licensed, degreed $155.00 GREEN, DA VID
professional capable of providing
support with bond analysis and
financial reporting
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Instrumentation and Control TBD TBD as needed
Services
Human Resource Services TBD TBD as needed
Data Acquisition and Control TBD TBD as needed
Services
Direct Costs - Mark-up % 0%
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub- 10%
consultants
SENIOR CONSULTANT -licensed, 175.00 LA VINDER, STEVEN; BENGOCHEA,
degreed professional with at least JOSE IGNACIO; BERGMAN,
15 years consulting experience. ROBERT; PONTEK, ROBERT
Brings unique understanding and
technical experiences - provides
technical leadership for specific
projects
SENIOR PRINCIPAL DIRECTOR $210.00 BEAUDET, BEVIN; BAILEY, BOB
Officer of the firm that will not be
accessed with out direct request from
City. These individuals bring unique
experiences and perspectives to
critical client-level issues.
The City of Boynton Beach
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6451
FAX: (561) 742-6298
Website:www.ci.boynton-beach.fl.us
Certified Letter #7004-2510-0003-1337-5445
November 29, 2005
Craig A. Smith & Associates
Stephen Smith, P .E.
1 000 West McNab Road, Suite 200
Pompano Beach, FL 33069
Dear Mr. Smith:
Weare pleased to inform you that during the commission meeting on November 15, 2005, the City
Commission approved the renewal of your consultant agreement as allowed in the agreement issued
under RFQ #065-2821-03/CJD. The City Commission also authorized the Utilities Department to
conduct negotiations for compensation rates related to consultant and or engineering services.
RFQ #065-282l-03/CJD approved your firm for one (1) scope of service:
. Scope C: Infrastructure Improvements
This approval begins the negotiation process for the City to establish contractual classification rates
and mark-up percentages for the services to be requested.
We ask that you submit your billable classification rates and mark-up percentages within the attached
schedule. In each classification please provide names of the individuals as referenced in RFQ #065-
2821-03/CJD that correspond to the classification. To facilitate our process we are asking that you
standardize your positions to meet our classifications.
America s Gateway to the Gulfstream
If your firm has additional individuals not listed in the original RFQ, please submit a resume for
our records along with any other updated information you deem appropriate.
We need a response to this letter initiating the negotiations no later than December 12, 2005. Please
direct your responses to me, Barbara Conboy, Manager, Utilities Administration. If we do not
receive a response in the allotted time, we will assume that the current rates will remain for the next
term. The City of Boynton Beach staff will evaluate the rates submitted and determine if further
negotiation is needed with individual firms.
The City of Boynton Beach looks forward to successful negotiations and continuing the process with
your firm to result in execution of a renewed Two-Year General Consulting and Engineering
Contract. Upon successful negotiations, renewed Consultant Agreements and the negotiated rates
will be submitted to City Commission for final approval.
Sincerely,
CITY OF BOYNTON BEACH
~.q
Barbara Conbo~
Manager, Utilities Administration
Attachments - Current classification rate table
Blank classification rate table
cc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Procurement Services
2
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
Client Service Manager
Senior Project Manager
Project Engineer
Scientist
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/H ydrogeologist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
- .__a - - -
3
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support
. . ~.,. - .. ... -...-
4
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Parapro fessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
. - - ---- -- ----.-,-
5
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Hourly Rate
Employees Identified
6
EXHIBIT B
Craig A. Smith & Associates
RFQ #2821-065-03/CJD
Compensation Rates
11-18-03 through 11-18-05
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (principal) $-200. 00- Craig A. Smith, P.E.
Gene R. Schriner, P. E.
I~C>.OO Stephen C. Smith, P.E.
11& 1~1kr clO-'+~ M. Dale Milita
ir )-,Jt.Q'2..
Client Service Manager $150.00 William P. Snow, P.E.
Vice President James R. Orth, P.E.
Senior Project Manager $130.00 William H. Landis, P.E.
Orlando A. Rubio, P.E.
Project Engineer $ 90.00 William C. Lips, E.1.
Albert Caruso, E.1.
Glen T. Davis, P.E.
Peter A. Kunen, E.1.
Scientist N/A $
Senior Designer $100.00 Greg A. Giarrtana
Designer $ 80.00 David A. Main
David A. Mizelle
Senior EngineerlHydrogeologist $
EngineerlHydrogeologist(Technical $
Specialist)
Senior Professional SurveyorlMapper $125.00 Richard H. Smith, P.S.M.
.
3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper $100.00 Robert D. Keener, P.S.M.
Engineering/Survey Technician $ 70.00 William Tanto
Kathy Moch
Sergio Machado
Senior Field Representative $ 90.00 Jay Beaton
(professional) Greg W. Jeffries
Survey Crew $ 110.00
GIS Specialist $ 95.00 Brian Uihlein, MCSE
Graphics Specialist N/A
Senior Inspector $ 85.00 Tony Gomes
GPS Equipment N/A
Senior Administrative Support ~ Stephen McBride
... "5. CO
~/(l~dakl (O21{):,
Administrative Support $ 40.00 Linda Komoniewski
Connie Vanassche
~ ,
---
Alisa Fuller
4
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional N/A
Aerial Photogrammetry N/A
Computer System Analysis N/A
Rate Study N/A
Financial Services N/A
Instrumentation and Control Services
N/A
Human Resource Services
N/A
Data Acquisition and Control Services
N/A
Direct Costs - Mark-up % Cost Plus Blueprints $1.50/sheet
Office, reproduction, mailing, etc. 10% Copies $0.15/sheet
Direct Costs - Mark-up % sub- Cost Plus
consultants 10%
5 _
EXHIBIT B
CRAIG A. SMITH & ASSOCIATES
CONSULTING ENGINEERS · PLANNERS · SURVEYORS · GRANTS ASSISTANCE
RECEIVED
OCT 2 ~ 2003
October 21,2003 BOYHTONBl!ACHUDLlTIES
Via Facsimile: (561) 742-6298
Ms. Barbara Conboy
Manager, Utilities Administration
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, FL 33435
RE: CITY OF BOYNTON BEACH
RATES
CAS PROJECT NO. P-1147
Dear Ms. Conboy:
In response to your letter dated October 10, 2003 and the recommendation to the City
Commission regarding your analysis to our rates, the classifications and our revised
rates are listed below:
CLASSIFICATION
REVISED RATES
Project Director (Principal)
Senior Administrative Support
$ 180.00
$ 65.00
We look forward to a favorable recommendation from the City Commission to proceed
with a Consultant Agreement from you soon.
Sincerely,
SCS/lk
M:\MUNIC\PROPOSAL\P1147 Boynton Beach\Letter RATES 10-20-03.doc
""'I"\r\\.'__a.I."_Il.I_l-n__.J n______r'"'l___I_ r-1__:..J_l"'\l"\n~^ ~ 1_.....\..,.1"\1"\,..."""'1"\ r-_ ,..........\___""'___
The City of Boynton Beach
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6451
FAX: (561) 742-6298
Website:www.ci.boynton-beach.D.us
Certified Letter #7004-2510-0003-1337-5452
November 29, 2005
Erdman Anthony of Florida, Inc.
Dana I. Gillette, P .E., P .S.M.
1402 Royal Palm Beach Blvd., Bldg. 500
Royal Palm Beach, FL 33411
Dear Ms. Gillette:
We are pleased to inform you that during the commission meeting on November 15,2005, the City
Commission approved the renewal of your consultant agreement as allowed in the agreement issued
under RFQ #065-282l-03/CJD. The City Commission also authorized the Utilities Department to
conduct negotiations for compensation rates related to consultant and or engineering services.
RFQ #065-2821-03/CJD approved your firm for one (1) scope of service:
. Scope C: Infrastructure Improvements
This approval begins the negotiation process for the City to establish contractual classification rates
and mark-up percentages for the services to be requested.
We ask that you submit your billable classification rates and mark-up percentages within the attached
schedule. In each classification please provide names of the individuals as referenced in RFQ #065-
2821-03/CJD that correspond to the classification. To facilitate our process we are asking that you
standardize your positions to meet our classifications.
America's Gateway to the Gulfstream
If your firm has additional individuals not listed in the original RFQ, please submit a resume for
our records along with any other updated information you deem appropriate.
We need a response to this letter initiating the negotiations no later than December 12, 2005. Please
direct your responses to me, Barbara Conboy, Manager, Utilities Administration. If we do not
receive a response in the allotted time, we will assume that the current rates will remain for the next
term. The City of Boynton Beach staff will evaluate the rates submitted and determine if further
negotiation is needed with individual firms.
The City of Boynton Beach looks forward to successful negotiations and continuing the process with
your firm to result in execution of a renewed Two-Year General Consulting and Engineering
Contract. Upon successful negotiations, renewed Consultant Agreements and the negotiated rates
will be submitted to City Commission for final approval.
Sincerely,
CITY OF BOYNTON BEACH
~~ Cd,~
Barbara Conboy (j
Manager, Utilities Administration
Attachments - Current classification rate table
Blank classification rate table
cc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Procurement Services
2
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
Client Service Manager
Senior Project Manager
Proj ect Engineer
Scientist
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/H ydro geologist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
~ - ~--"
3
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support
- - --
4
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
- - - --
5
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Hourly Rate
Employees Identified
6
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
PROJECT DIRECTOR (PRINCIPAL)
Qualifications Required: An owner of the firm with an engineering degree, a professional
engineering license and at least 15 years of experience responsible for the overall
functioning of the Engineering Division.
Technical Qualifications: A fully competent engineer capable of devising new
approaches to problems encountered, applying intensive and diverse knowledge 0
engineering principles in broad areas and related fields, and demonstrating creativity,
foresight, and mature engineering judgment in anticipating and solving engineering
problems. Knowledge of AutoCADD or MicroStation, Geopac, Excel, Word, and general
computer skills are also required.
Supervisory Responsibilities: Supervise the technical and administrative staffs.
Reports To: Board of Directors.
General Duties: Maintain contacts with key engineers and officials in other organizations,
demonstrating skill in persuasion and negotiation of critical issues. Coordination with
clients, permit agencies, subconsultants. Ensuring the quality and schedule of the work
product. Participation in marketing and sales presentations. Supervision of technical staff.
Preparation of proposals, contracts and invoicing.
NSPElASCE Equivalent: Engineer Level VIII
CLIENT SERVICE MANAGER
SENIOR PROJECT MANAGER
Qualifications Required: This is professional position for a graduate engineer who has
obtained or is eligible to obtain a Professional Engineering license and at least 10 years 0
experience.
Technical Qualifications: Independently evaluate, select and apply engineering
techniques and procedures, using their judgment to make adaptations and modifications.
The professional engineer must be able to devise new approaches to problems
encountered and to independently perform most assignments. Knowledge of AutoCADD 0
MicroStation, Geopac, Excel, Word, and general computer skills are also required.
Supervisory Responsibilities: Oversee the work of engineers, designers and
administrative staff.
Reports To: A principal of the firm who will provide quality control reviews and instructions
as to general results expected.
General Duties: Responsible for design and preparation of portions of construction plans
for a variety of civil engineering projects, field reviews during construction to ensure
compliance with plans and specifications, coordination with clients, permit agencies,
sUbconsultants, and participation in marketing and sales presentations. Oversee technical
staff, assist in preparation of proposals, contracts and invoicing.
NSPElASCE Equivalent: Engineer Level VI
PROJECT ENGINEER
Qualifications Required: This is professional position for a graduate engineer who has
obtained or is eligible to obtain a Professional Engineering license and at least 5 years 0
experience.
Technical Qualifications: The professional engineer will independently or with minor
assistance from a supervisor evaluate, select and apply standard engineering techniques
and procedures, using their judgment to make adaptations and modifications. The
professional engineer must be able to devise new approaches to problems encountered
and to independently perform most assignments. Knowledge of AutoCADD or
MicroStation, Geopac, Excel, Word, and general computer skills are also required.
Supervisory Responsibilities: May be assisted by other memebers of the technical and
administrative staffs.
Reports To: A senior engineer or a principal of the firm who will review the work and
provide quality control reviews and instructions as to general results expected.
General Duties: Responsible for the overall design and preparation of construction plans
for a variety of civil engineering projects, field reviews during construction to ensure
compliance with plans and specifications, coordination with clients, permit agencies,
subconsultants, and participation in marketing and sales presentations. Oversee technical
staff, assist in preparation of proposals, contracts and invoicing.
NSPE/ASCE Eaulvalent: EnClineer Level V
Erdman Anthony of Florida, Inc.
(Formerly Crossroads Engineering)
RFQ #2821-065-03/CJD
Compensation Rates
11-18-03 through 11-18-05
Hourlv Rate Emolovees Identified
$130.00 Gillette, Dana
$100.00 Khan, Nisar
Note: Mr. Khan holds a PhD in
Engineering from Perdue
$90.00 Hamblet, Sean
.-
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
SCIENTIST
SENIOR DESIGNER $60.00 Dussie, Dane
Qualifications Required: This is a position for a graduate engineer with 3 or more years
of experience who has obtained an Engineer Intern certification or who is eligible to obtain
an Engineer Intem certification.
Technical Qualifications: This individual will develop their knowledge and abilities in this
position by applying standard techniques, procedures and criteria exercising judgment on
details of work and in making preliminary selections of engineering techniques and
adaptations to those techniques to- suit the particular assignment. This individual is
expected to understand and be able to apply standard practices and techniques, adjust and
correlate data and results, recognize discrepancies in results, and follow operations
throughout a series of related detailed steps. Knowledge of AutoCADD or MicroStation,
Geopac, Excel, Word, and general computer skills are also required.
Supervisory Responsibilities: The project engineer may be assisted by a technician.
Reports To: A professional engineer who will screen their assignments for unusual or
difficult problems and select the techniques and procedures to be applied on non-routine
work.
General Duties: Design and prepare construction plans for a variety of civil engineering
projects, field review prior to design, on-site construction observation, coordination with
permit agencies and subconsultants.
NSPElASCE Equivalent: Engineer LevelUI
DESIGNER
SENIOR ENGINEERlHYDROGEOLOGIST
ENGINEERlHYDROGEOLOGIST (TECHNICAL SPECIALIST)
SENIOR PROFESSIONAL SURVEYOR/MAPPER $130.00 Noth, James
Qualifications Required: An owner ofthe firm with a land surveying degree, registered
professional land surveyor and at least fifteen years of experience responsible for the
overall functioning of the Surveying Division.
Technical Qualifications: A fully competent surveyor demonstrating creativity, foresight,
and mature professional judgement. Capable of anticipating difficulties, devising solutions
to improve the production and quality of surveying services, and knowlegable of the Florida
laws and practices. Knowlege of AutoCADD or MicroStation, Geopac, CaCIE, Word, Excel
and general computer knowledge is required.
Supervisory Responsibilities: Responsible for the overall functioning of the Surveying &
Mapping Division. This position will oversee highering and firing and all surveys produCed.
Reports To: Board of Directors
General Duties: Primary responsibilities Include review of work in process and final maps
prior to release to clients, ensuring the quality and schedule of the work product,
coordinating with clients and other design team members, the preparation of survey
proposals. Also responsible for contract negotiations, survey invoices and
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Hourly Rate EmDiciVees Identified
$90.00 Laird, Terry
Classification
PROFESSIONAL SURVEYOR/MAPPER
Qualifications Required: Registered professional land surveyor and at least ten years of
experience.
Technical Qualifications: Technical requirements include proficiency with the FDOT
EFB/CEFB software, MicroStation, CAiCElGEOPAK, word processing and spreadsheet
programs.
Supervisory Responsibilities: Directly supervise the technician and crews and
responsible for the hiring of field and office personnel.
Reports To: A principal of the firm who will provide quality control reviews and instructions
as to general results expected.
General Duties: Production of field and office surveying and mapping functions.Prepare
surveys and right of way maps, prepare field set-up, reduce field data. Purchase survey
field equipmenVsupplies. Client liaison with current survey clients. Review weekly time
sheets of the survey crew and survey office personnel. Assist in the development of
proposals and contract negotiations.
ENGINEERING/SURVEYING TECHNICIAN
Qualifications Required: This position requires a minimum of ten years of CADD drafting
and design experience with civil engineering land development and/or roadway plans
preparation.
Technical Qualifications: Technical requirements include proficiency with AutoCADD or
MicroStation. Additional experience with FDOT Bar Menus and CADD standards, CaiCE,
Geopak, Descartes, Autoturn, Guidesign, Word and Excel is preferred.
Supervisory Responsibilities: none.
Reports To: The engineer or surveyor for the specific project. This position requires
working well with a variety of staff members within the firm.
General Duties: Assist the engineers and surveyors with the design and preparations 0
plans and surveys. Prepare plans using CADD, perform minor design efforts under the
direction of the project engineer or project surveyor.
SENIOR FIELD REPRESENTATIVE (PROFESSIONAL)
Qualifications Required: This is professional position for a graduate engineer with a
Professional Engineering license and at least 5 years of experience.
Technical Qualifications: The professional engineer will independently or with mino
assistance from a supervisor evaluate, select and apply standard engineering techniques
and procedures, using their judgment to make adaptations and modifications. The
professional engineer must be able to devise new approaches to problems encountered
and to independently perform most assignments. Knowledge of AutoCADD or
MicroStation, Geopac, Excel, Word, and general computer skills are also required.
Supervisory Responsibilities: May be assisted by other memebers of the technical and
administrative staffs.
Reports To: A senior project engineer or a principal of the firm who will review the wor1<
and provide quality control reviews and instructions as to general results expected.
General Duties: Responsible for the field reviews during construction to ensure
compliance with plans and specifications, coordination with clients, permit agencies,
subconsultants, and contractors. Participation in marketing and sales presentations, assist
in preparation of proposals, contracts and invoicing.
NSPElASCE Equivalent: Engineer Level V
SURVEY CREW
2 Person
3 Person
4 Person
GIS SPECIALIST
GRAPHICS SPECIALIST
Banko, Katherine
Kramer, James
$60.00 Gable, Patricia
$100.00 Raysin, Harry
$85.00
$105.00
$130.00
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
SENIOR INSPECTOR $60.00 Dussie, Dane
Qualifications Required: This is a position for a graduate engineer with 3 or more years
of experience who has obtained an Engineer Intern certification or who is eligible to obtain
an Engineer Intern certification.
Technical Qualifications: This individual will develop their knowledge and abilities in this
position by applying standard techniques, procedures and criteria exercising judgment on
details of work and in making preliminary selections of engineering techniques and
adaptations to those techniques to suit the particular assignment. This individual is
expected to understand and be able to apply standard practices and techniques, adjust and
correlate data and results, recognize discrepancies in results, and follow operations
throughout a series of related detailed steps. Knowledge of AutoCADD or MicroStation,
Geopac, Excel, Word, and general computer skills are also required.
Supervisory Responsibilities: The project engineer may be assisted by the
administrative staff.
Reports To: A professional engineer who will screen their assignments for unusual 0
difficult problems and select the techniques and procedures to be applied on non-routine
work.
General Duties: Responsible for the field reviews during construction to ensure
compliance with plans and specifications, coordination with clients, permit agencies,
subconsultants, and contractors.
NSPElASCE Equivalent: Engineer Level'"
GPS EQUIPMENT $20.00
SENIOR ADMINISTRATIVE SUPPORT $60.00 Halliday, Susan
Qualifications Required: This is a position for a college graduate with 10 or more years 0
experience in the engineering consulting business.
Technical Qualifications: This individual will have a good personality, work well with the
public, and have good organizational and secretarial skills (telephone, typing, filing).
Knowledge of Excel, Word, and general computer skills are also required.
Supervisory Responsibilities: None
Reports To: A principal of the firm and any engineers or surveyors who require
assistance.
General Duties: Responsible for all aspects of helping the office to run smoothly. A wide
variety of duties include sorting incoming mail and handling incoming and outgoing
correspondence for all personnel; monitoring and ordering supplies; assisting the
bookkeeper by preparing accounts payable, preparing the checks and printing, and
handling accounts receivables by typing and recording invoices, preparing and recording
deposits, and assisting with collections; answering phones, filing, preparing files; assisting
Personnel Director with new employee packages, insurance, monitoring vacation time;
keeping office in good condition (make coffee, keep common areas neat, change light
bulbs, manage janitor service, etc.), conducting and documenting the computer backups
and restorations, assist with prepartion of proposals, letters of interest, and RFQs.
ADMINISTRATIVE SUPPORT
PARAPROFESSIONAL
AERIAL PHOTOGRAMMETRY Subconsult to Bosworth
Aerial Surveys
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourlv Rate EmDlovees Identified
COMPUTER SYSTEM ANALYSIS $75.00 Gillette, Christopher
Qualifications Required: This is a position for a college graduate with 20 or more years 0
experience in the computer consulting business.
Technical Qualifications: This individual will have a good understanding of processes,
project management, quality control, and the engineering consulting business. Extensive
knowledge of various computer languages and technicques is also required.
Supervisory Responsibilities: None
Reports To: A principal of the firm and any engineers or surveyors who require
assistance.
General Duties: For software applications: conducting systems analysis interviews to
define the scope and requirements, developing a plan for development, coding, testing,
debugging, preparing documentation, implementing, revising. Responsible also for all
aspects of the office computer system: networking, maintaining email and website
accounts, troublshooting difficulties, performing backups and restores.
RATE STUDY
FINANCIAL SERVICES
INSTRUMENTATION AND CONTROL SERVICES
HUMAN RESOURCE SERVICES $100.00 Heath, Kimberly
Qualifications Required: This is a position for a college graduate with 10 or more years 0
experience in the engineering consulting business.
Technical Qualifications: This individual will have a good understanding of Florida
employment laws, insurance requirements and practices, payroll taxes, and competative
compensation rates for the engineering and surveying field. Knowledge of Excel, Word,
and general computer skills are also required.
Supervisory Responsibilities: Administrative staff
Reports To: The board of directors.
General Duties: Responsible for all aspects of human resources: help wanted
advertisements, review of resumes, interviews, salary negotiations, relocation, employee
manual and policies, insurance (health, dental, life, disability), benefits plans, retirement
plans, bonus plans, salary reviews, performance reviews, termination interviews, workers
compensation, workplace safety, unemployment compensation, payroll taxes.
DATA ACQUISITION AND CONTROL SERVICES
DIRECT COSTS - MARK UP 0/0 110%
Office, Reproduction, Mailing, Etc.
DIRECT COSTS - MARK UP 0/0 110%
Subconsultants
The City of Boynton Beach
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6451
FAX: (561) 742-6298
Website:www.ci.boynton.beach.f7.us
Certified Letter #7004-2510-0003-1337-5469
November 29, 2005
Globaltech, Inc.
Troy Lyn, P.E.
4722 N.W. Boca Raton Blvd., Suite C103
Boca Raton, FL 33431
Dear Mr. Lyn:
We are pleased to inform you that during the commission meeting on November 15, 2005, the City
Commission approved the renewal of your consultant agreement as allowed in the agreement issued
under RFQ #065-2821-03/CJD. The City Commission also authorized the Utilities Department to
conduct negotiations for compensation rates related to consultant and or engineering services.
RFQ #065-2821-03/CJD approved your firm for four (4) scopes of services:
· Scope A: Water Plant Expansions and Capacity Replacement
· Scope B: Wellfield Development and Hvdro2:eolo2V Services
· Scope C: Infrastructure Improvements
· Scope D: Ancillarv Studies and Services
This approval begins the negotiation process for the City to establish contractual classification rates
and mark-up percentages for the services to be requested.
We ask that you submit your billable classification rates and mark-up percentages within the attached
schedule. In each classification please provide names of the individuals as referenced in RFQ #065-
2821-03/CJD that correspond to the classification. To facilitate our process we are asking that you
standardize your positions to meet our classifications.
Americas Gateway to the Gulfstream
If your firm has additional individuals not listed in the original RFQ, please submit a resume for
our records along with any other updated information you deem appropriate.
We need a response to this letter initiating the negotiations no later than December 12, 2005. Please
direct your responses to me, Barbara Conboy, Manager, Utilities Administration. If we do not
receive a response in the allotted time, we will assume that the current rates will remain for the next
term. The City of Boynton Beach staff will evaluate the rates submitted and determine if further
negotiation is needed with individual firms.
The City of Boynton Beach looks forward to successful negotiations and continuing the process with
your firm to result in execution of a renewed Two-Year General Consulting and Engineering
Contract. Upon successful negotiations, renewed Consultant Agreements and the negotiated rates
will be submitted to City Commission for final approval.
Sincerely,
CITY OF BOYNTON BEACH
~.CJJ(
Barbara Conboy
Manager, Utilities Administration
Attachments - Current classification rate table
Blank classification rate table
cc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Procurement Services
2
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
Client Service Manager
Senior Project Manager
Project Engineer
Scientist
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/H ydrogeolo gist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
-. -
3
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support
--- -
4
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
- --
5
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Hourly Rate
Employees Identified
6
EXHIBIT B
Globaltech, Inc.
RFQ #2821-065-03/CJD
Compensation Rates
11-18-03 through 11-18-05
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (principal)
Client Service Manager q5
Tro'1 L yn, OJ, ~.
Senior Project Manager 9S- PruJ. 60J'1ci'1' Pc
9~ Tf'O'i )...'1 f\, Pc.
CJo Pa u..1 H ,II e.r:s, PE-
l
Project Engineer 9S- RAw ~ <U"'I ~, p~
9~ Tf'D'i L-'-j ("\. P E.
qo PCl.lA..J I-+i 11-erS, P E
RS m eu-k l-I..L+-he.r P E.
Scientist
Senior Designer 70 :Sa..m Cha..rn ^~$
Designer ~
2:. f' r'\..e...s, t-o S, I v 0...
Senior Engineer/Hydrogeologist G, O-r 'i ~;c...h \ e..r-, fG
JoS
Engineer/Hydrogeologist(Technical
Specialist) q~ 6]a..1 J n1 u.r-ra.. '-f J p~
Senior Professional Surveyor/Mapper
3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURL Y RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative 95 pCU-LJ qa..rcl..'-f I PE:.
(professional) qs Tf'c\} ~{\ I Pc
70 5 Qft\ Cho.....,v. n e.S.s,
Survey Crew
GIS Specialist
Graphics Specialist
too ErT\e--s +0 S I VQ..
Senior Inspector
70 :5 a..rn c.r. a....m (\.€...s..s.
GPS Equipment
Senior Administrative Support
Administrative Support 35
~ m 1'S, -r e.r- ka.....
4
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services 96 Pa..uJ ~l \ e.e,s Ps
I
??5 A 1-e...')L 'S-tD .)Q..I"\C\lIC
Direct Costs - Mark-up % * It~e"" dAlpd IO-!Lj.cg
Office, reproduction, mailing, etc.
15 0;'0
(Y) O~ 10 '10
Direct Costs - Mark-up % sub- yy\ a...no.9cZ...YYLQ..^ T dr St...Lb - .
consultants 0 C-O}"'\ ~l..A..L:f-a..A +:s. 1<"\ c.I L.u:i.Q..d I t\
Pll)~c....-t ..'
(Y\ a..Aa..Cj>2- r 0-1\ d CLd IY\ I .....'s tro..:t, tI ~
~u..ppc;r-t hou.rS
5 _
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
b ,';'e,..c+ Cc:t;t" - Mev- 1e.-l..L.p lytP$J lJ3 'k ~ I e.,HQr dCi+~. ro, (4.o~
l) uJo co-n +r-a.. ct-cJv" ..s. ~o
6
EXHIBIT B
Globalt<<~
4722 NW. Boca Raton, Blvd, Suite C103
Boca Raton, Florida 33431
Phone: 561.997.6433
Fax: 561.997.5811
Email: globaltech@bellsouth.net
October 14,2003
RECEIVED
OCT 1 6 2003
BOYHtONB!ACHUTILmES
Barbara Conboy
Manager, Utilities Administration
Utilities Department
City of.Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33435
Re: Consulting Agreement - Direct Cost Mark-up Percentage
Dear Mrs. Conboy:
We are in receipt of your letter dated October 10, 2003. A maximum direct cost mark-up
percentage of 10% as discussed in your letter is agreeable to us. If warranted by the specific
project requirements, lower percentages could be negotiated with the City. This letter will serve
as an addendum to our previously submitted rates to lower all direct cost mark-up to a maximum
of 10%.
We appreciate the opportunity to do business directly with the City and we look forward to
working with the City and staff
~ty
Troy L. Lyn, P.E.
V ice President
TL/dm
tl
'\<
<)C~I l,r:~;\/ ! ir-:-~Il t
The City of Boynton Beach
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6451
FAX' (561) 742-6298
Website:www.ci.boynton-beach.fl.us
Certified Letter #7004-2510-0003-1337-5483
November 29,2005
Kimley & Horn and Associates, Inc.
Michael Spruce, P .E.
4431 Embarcadero Drive
West Palm Beach, FL 33407
Dear Mr. Spruce:
Weare pleased to inform you that during the commission meeting on November 15, 2005, the City
Commission approved the renewal of your consultant agreement as allowed in the agreement issued
under RFQ #065-2821-03/CJD. The City Commission also authorized the Utilities Department to
conduct negotiations for compensation rates related to consultant and or engineering services.
RFQ #065-282l-03/CJD approved your firm for three (3) scopes of services:
· Scope A: Water Plant Expansions and Capacity Replacement
· Scope B: Wellfield Development and Hvdroe:eolo2V Services
. Scope C: Infrastructure Improvements
This approval begins the negotiation process for the City to establish contractual classification rates
and mark-up percentages for the services to be requested.
We ask that you submit your billable classification rates and mark-up percentages within the attached
schedule. In each classification please provide names of the individuals as referenced in RFQ #065-
2821-03/CJD that correspond to the classification. To facilitate our process we are asking that you
standardize your positions to meet our classifications.
America's Gateway to the Gulfstream
If your firm has additional individuals not listed in the original RFQ, please submit a resume for
our records along with any other updated information you deem appropriate.
We need a response to this letter initiating the negotiations no later than December 12,2005. Please
direct your responses to me, Barbara Conboy, Manager, Utilities Administration. If we do not
receive a response in the allotted time, we will assume that the current rates will remain for the next
term. The City of Boynton Beach staff will evaluate the rates submitted and determine if further
negotiation is needed with individual firms.
The City of Boynton Beach looks forward to successful negotiations and continuing the process with
your firm to result in execution of a renewed Two-Year General Consulting and Engineering
Contract. Upon successful negotiations, renewed Consultant Agreements and the negotiated rates
will be submitted to City Commission for final approval.
Sincerely,
CITY OF BOYNTON BEACH
~--q
Barbara Conboy ~
Manager, Utilities Administration
Attachments - Current classification rate table
Blank classification rate table
cc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Procurement Services
2
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
Client Service Manager
Senior Project Manager
Project Engineer
Scientist
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/H ydro geologist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
n ~ ~ n
3
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support
-- --- "
4
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
---
5
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Hourly Rate
Employees Identified
6
Kimley-Horn & Associates, Inc.
RFQ #2821-065-03/CJD
EXHIBIT B Compensation Rates
11-18-03 through 11-18-05
PLEASE PROVIDE A BRIEF DESCRIPTIO~ .l' un c,tl.~U
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Kimley-Horn and Associates, Inc.
Classification Hourly Rate Employees Identified
Project Director (Principal) $180.00 Charles Geer, P.E.
Fred Schwartz, P .E.
Includes QAlQC Officer & Principals participating Paul Cherry, P.E.
John Potts, P.E.
on the Technical Review Committee, supervising Joe Edgar, PSM
specific assignments under Scopes A, B, and C, or
participating in Community Involvement activities.
Client Service Manager $150.00 Michael Spruce, P.E.
Single point of contact for client. Coordinator of all
professional services. Responsible for schedule and
budget compliance.
Senior Project Manager - Professional 7 $150.00 David Bardt, P.E.
Jim Sumislaski, P.E.
Includes senior engineers (non-Principals) serving on David Stewart, P.E.
the Technical Review, Committee or providing Russell Barnes, P.E.
leadership in a specific discipline. Mark Miller, P.E.
Senior Project Engineer - Professional 6 $135.00 Gary Ratay, P.E.
Jeff Mullis, P.E.
Steve Orr, P.E.
Includes senior engineering staff (more than 10 yrs Angelina Fairchild, P.E.
experience) participating on assignments under Mark Fairchild, P.E.
Scopes A, B, and C.
Project Engineer - Professional 4 and 5 $110.00 Christopher Barlow, P .E.
Kevin Schanen, P.E.
Lorin Brissett, P.E.
Includes registered engineering staff participating on Jason Matson, P.E.
assignments under Scopes A, B and C. Scott Thourot, P.E.
Project Engineer - Professional 3 $90.00 Tom Schilling
Larry Vicars
Includes engineering staff participating on Tom O'Donnell
assirnments under Scopes A, B and C.
Professional Intern 1 and 2 $80.00 Deavon Uter
Hector Casablanca
Includes junior professional staff participating on Kelly Rosenberger
assignments under Scopes A, B and C. Adam Kerr
Senior Environmental Scientist $135.00 Mike Kiefer
Will perform Supervisory role to junior staff on ~
environmental issues related to permitting and
construction.
Junior Environmental Scientist $80.00 Alison Connell
Craig Browning
Will participate in environmental studies related to
permitting and construction.
H:\General\Spruce\Proposals\Bovnton Beach\Rale Schedule.doc 1
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
Kimley-Horn and Associates, Inc.
Classification Hourlv Rate Emoloyees Identified
Senior Designer $100.00 Sal Santore
Ken Pham
Includes Senior CADD designers that will take lead Steve Sullivan
roles in production of project plans, and perform Alan Parenteau
such activities as utility routing and roadway lavout.
Designer $75.00 Jude DiGiovanni
Art Barns
Includes CADD Operators participating on Chad Korywchak
assignments under Scopes A, B and C. Dave Griffin
Senior Engineer/Hydrogeologist $150.09 Bruce Cutright, P.G.
I J./ 0 . 00 David Goldman, P.G.
Senior hydrogeologists participating on the Technical ~ Ittkr dpJo.d ID .ft:; O~
Review Committee for Scopes A & B. - .
Senior Professional Surveyor/Mapper $125.00
Professional Surveyor/Mapper $100.00
Engineering/Survey Technician $75.00
Senior Field Representative
(Professional)
Survey Crew
4 person crew $140.00
3 person crew $120.00
2 person crew $95.00
GIS Specialist $120.00 John Carter, AICP
Randyl Goss
Includes GIS Specialists who will participate in
conversion of utility as-built information to GIS
coveral!es.
Graphics Specialist $80.00 Danny Finch
Chris Pearl
Includes graphic artists who will assist in preparing
presentation graphics for use in Community
Involvement meetings or for other uses by the City.
Senior Inspector $80.00 Steve Mills
Glenn Rieske
T~~l....._" o..n;nr &:_,... ,';11 - Ron Shipman
construction observation services.
H:\General\Spruce\Proposals\Boynton Beach\Rate Schedule.doc 2
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Kimley-Horn and Associates, Inc.
--
Classification Hourly Rate ErnployeesIdentified
GPS Equipment $20.00
Senior Administrative Support $65.00 Marilyn Carran
Susan Raisor
Includes senior clerical and accounting staff.
Administrative Support $55.00 Cathy Yoder
5;'.5D Sharda Dunne
Sharon McManis
Includes junior clerical staff. ~ /eNer dJ.rJ 10 Je5 . d3 Greta Bouslog
Senior Landscape Architect $135.00 David Woodward, ASLA
Keith Pelan, RLA, AlCP
Includes registered landscape architects to support
utility team
Junior Landscape Staff $80.00 Sean Grochowski
Direct Costs - Mark-up% 5.85%
Office, reproduction, mailing, etc.
Computed as a percentage of labor charges and not
itemized
Direct Costs - Mark-up % sub- 1-5%
Consultants 1071..)
KirnIey-Hom will apply a 15% markup to the ~ Ie.-~Or" clo..~ cd fO' Ji) 03
attached subconsultant billing rates.
CADD Computer $25
-
H:\GeneraI\Spruce\Proposals\Boynton Beach\Rate Schedule.doc 3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
Heller, Weaver & Sheremeta, Inc.
Classification Hourlv Rate Employees Identified
Principal $140.00 John Weaver, PSM
Project Manager $110.00 Dan Laale, PSM
Professional Land Surveyor $95.00
Senior/Certified Engineering/Surveying $75.00
Technician
Surveying Technician $65.00
Surveying Field Supervisor $65.00
(Party Chief)
Two Person GPS Survey Crew $110.00
-
Surveying
$105.00
Three Person Crew $85.00
Two Person Crew
H:\General\Spruce\Proposals\Boynton Beach\Rate Schedule.doc 4
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
Heller, Weaver & Sheremeta, Inc.
Classification Hourlv Rate Employees Identified
CADD Operator with machine $60.00
Clerical $45.00
Draftsman $50.00
Proposed rates are the same rates used on previous work for the City of Boynton Beach.
H:\General\Spruce\Proposals\Boynton Beach\Rate Schedule.doc 5
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
JLA GeoSciences, Inc.
Classification Hourly Rate Employees Identified
Project Director (principal) $96.00 James Andersen, PO
Senior EngineerlHydrogeologist $96.00 Paul Stout, PhD, PO
H:\General\Spruce\Proposals\Boynton Beach\Rate Schedule. doc 6
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
RosTek Associates, Inc.
Classification Hourly Rate Employees Identified
Project Director (Principal) $145.00 Ian Watson
Associate $110.00
Drafting $75.00
ClericallW ord Processing $50.00
H.\r.pnpr~I\"nm(,p\Prnno<~I<\Rovntnn ReachIRate Schedule.doc 7
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
Hillers Electrical
Classification Hourly Rate Emulovees Identified
Project Manager $95.00 Paul Hillers
Project Engineer - Design $85.00
Project Engineer - Programming $90.00
Construction Coordinator $75.00
CADD Operator $65.00
CADD Drafting $50.00
Secretarial $35.00
-
u.\r!........--...nC'...............D\D................C''::ll('\R,...,,'mtnn Rp~,...h\R~tp C\.rhpnl11p nnr R
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Control Systems Design
Classification Hourly Rate Ernployeesldentified
Principal $115.00 Mark Biehl
CADD Services $60.00 Kevin Kelly (Kelly Cadd Services)
U'\~"""''''r'lll\~nT'll",p\Prnnnc;:~l...\R()vntnn Rp.ach\Rate Schedule.doc 9
~=~
EXHIBIT B
Kimley-Horn
and Associates, Inc,
October 15,2003
Ms. Barbara Conboy
Manager, Utilities Administration
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, FL 33435
RECEIVED
OCT 1 6 2003
BOYNTONB!A&HUDL\nES
.
4431 Embarcadero Drive
West Palm Beach, Florida
33407
Re: Certified Letter #7003 1010 0000 6300 9484
Dear Ms. Conboy:
We received the referenced letter regarding our proposed hourly billing rates.
Recognizing that our proposed rates fall outside of the acceptable range in
specific categories, we propose the following revisions to our proposed billing
rates for the categories in question.
Classification
Senior Engineer/Hydrogeologist
Administrative Support
Direct Costs - Mark-up
Previous Proposal
$150.00
$55.00
15%
Revised Proposal
$140.00
$52.50
10%
Thank you again for the opportunity to submit our proposed billing rates. We
trust that the revised rates will meet your approval. Please contact me at (561)
840-0852 if you have any further questions.
.
TEL 561 845 0665
FAX 561 863 8175
KlMLEyg AND ASSOCIATES, INC.
5Pt. 0 ~
Michael D. Spruce, P.E.
H:\General\Spruce\Proposals\Boynton Beach\Conboy Ltr 10-15-03 .doc
Sincerely,
'The City of Boynton Beach
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, Florida 33435
Oflice: (561) 742-6451
FAX (561) 742-6298
Websi te:www.ci.boynton-beach.fl.us
Certified Letter #7004-2510-0003-1337-5490
November 29,2005
LFBH, Inc.
David Holtz, P .E.
3550 S.W. Corporate Parkway
Palm City, FL 34990
Dear Mr. Holtz:
We are pleased to inform you that during the commission meeting on November 15, 2005, the City
Commission approved the renewal of your consultant agreement as allowed in the agreement issued
under RFQ #065-282l-03/CJD. The City Commission also authorized the Utilities Department to
conduct negotiations for compensation rates related to consultant and or engineering services.
RFQ #065-282l-03/CJD approved your firm for one (1) scope of service:
. Scooe C: Infrastructure Imorovements
This approval begins the negotiation process for the City to establish contractual classification rates
and mark-up percentages for the services to be requested.
We ask that you submit your billable classification rates and mark-up percentages within the attached
schedule. In each classification please provide names of the individuals as referenced in RFQ #065-
2821-03/CJD that correspond to the classification. To facilitate our process we are asking that you
standardize your positions to meet our classifications.
America's Gateway to the Gulfstream
If your firm has additional individuals not listed in the original RFQ, please submit a resume for
our records along with any other updated information you deem appropriate.
We need a response to this letter initiating the negotiations no later than December 12, 2005. Please
direct your responses to me, Barbara Conboy, Manager, Utilities Administration. If we do not
receive a response in the allotted time, we will assume that the current rates will remain for the next
term. The City of Boynton Beach staff will evaluate the rates submitted and determine if further
negotiation is needed with individual firms.
The City of Boynton Beach looks forward to successful negotiations and continuing the process with
your firm to result in execution of a renewed Two-Year General Consulting and Engineering
Contract. Upon successful negotiations, renewed Consultant Agreements and the negotiated rates
will be submitted to City Commission for final approval.
Sincerely,
CITY OF BOYNTON BEACH
~~
Manager, Utilities Administration
Attachments - Current classification rate table
Blank classification rate table
cc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Procurement Services
2
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
Client Service Manager
Senior Project Manager
Project Engineer
Scientist
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/H ydrogeologist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
- -
3
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support
- --
4
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
~_..- -..- ..
5
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Hourly Rate
Employees Identified
6
LBFH, Inc.
EXHIBIT B RFQ #2821-065-03/CJD
Compensation Rates
PLEASE PROVIDE A BRIEF DESCRIPTIO 11-18-03 through 11-18-05
CLASSIFICATION WHERE AN HOURLY RAr~
Classification Hourly Rate Employees Identified
Project Director (principal)
$150 Scott A. Eckler, P.E.
The Principal will oversee the consulting
services provided by this Team to the City of
Boynton Beach. The Principal will monitor the
progress of the Team and that the Team is
meetinq or exceeding the City's expectations.
Client Service Manager
$130 David McNabb, P.G.
The Client Service Manager is the main
contact between the City and the Project
Team. The CSM for the City is ultimately
responsible for the quality, schedule, and
budgets of all of the projects and the
satisfaction of the City. It is also the duty of
the CSM to understand the needs of the City
and to ensure that the proper Team members
and resources are available. Having this
common "thread" lends continuity and
consistency to the delivery by the Team.
Senior Project Manager
$120 Lawrence Lardieri, P.E.
The Senior Project Manager will focus on the Lennart J. Lindahl, P.E.
project approach, project needs, and the Jeff Renault, P.E.
direction of the team. The licensed, technical
oversight for the task.
Project Engineer
PLEASE SEE PAGE 6 FOR
CLASSIFICA TION OF ENGINEER 1- VI
Scientist
N/A N/A N/A
Senior Designer
$80 Judy Dye
The Senior Designer will oversee conventional
aspects of the subject matter of the functional
area of the assignments. This person does
not have a professional registration, yet works
with an enqineer
Designer
N/A N/A N1A
Senior Engineer/Hydrogeologist N/A N/A
N/A
Engineer/Hydrogeologist(T echnical
Specialist) $75 TBD
Responsible for hydrogeology related services.
Senior Professional Surveyor/Mapper
3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
$90 Leland Burton, P.S.M.
Directs and coordinates planning and
development of assignments. Liaison between
Team and client.
Professional Surveyor/Mapper
$75 Clinton Knobloch, P.S.M.
A registered professional who plans and Brian Kiernan, P.S.M.
conducts work requiring judgment in the
independent evaluation, selection and
substantial adaptation and modifications of
standard techniques, procedures and criteria.
Engineering/Survey Technician
$70 Nan Burton
Using prescribed methods, performs specific Gus Garcia
and limited portions of the broader assignment Deb Pulliam
of an experienced engineer or sUNeyor. Alex Trovato
Applies standards practices and techniques in
specific situations, adjusts and correlates data,
recognizes discrepancies in results and follows
operations through a series of related detailed
steps or processes.
Senior Field Representative
(professional) $85 John Eason, P.E.
Professional Engineer that visits construction
site to monitor progress and conformance to
engineering plans, specifications and
construction standards.
Survey Crew
$100 TBD
SUNeying earth's surfaces to determine
precise location and measurements of points,
elevations, lines, areas, and contours for
construction, mapmaking, land division, titles
or other purposes.
GIS Specialist
$80 David Coleman
This position is responsible for developing $70 Henry Moligevich
ESRI GIS applications, Contributes to
application and geo-database design,
Responsible for application development or
developing components required for GIS
modules. Develops custom GIS interfaces to
external database and application systems,
packages and deploys applications. Tracks
bugs and troubleshoots deployments.
--- --
Graphics Specialist
4
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
N/A N/A N/A
Senior Inspector
$70 Dennis Peterson
Inspects assigned phases of construction work Lynn Tedders
as assigned. Ensures conformance with
specifications. Checks method of construction
where specific methods are stated and
requires action to correct any variance in
methods employed.
GPS Equipment $35 Survey Crew
Senior Administrative Support
$55 Debbie Adachowski
Provide professional secretarial services.
Administrative Support
$45 Donna Bollen
Provide professional secretarial services. Debbie Williams
Paraprofessional N/A N/A
N1A
Aerial Photogrammetry N/A N/A
N/A
Computer System Analysis N/A N1A
N/A
Rate Study N/A N/A
N/A
Financial Services N/A N1A
N/A
Instrumentation and Control N/A N/A
Services
N/A
Human Resource Services N/A N/A
N/A
Data Acquisition and Control N/A N/A
Service
N/A
Direct Costs - Mark-up % 10%
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub- 10%
consultants
5
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
ENGINEER VI
$100 Karen Brandon, P.E.
Has full responsibility for interpreting, Thomas McGowan, P.E.
organizing, executing and coordinating David Xavier, P.E.
assignments. Requires professional Brian Fields, P.E.
exoerience.
ENGINEER V
$95 Shondra Neumeister, P.E.
Applies intensive and diversified knowledge of Thomas Mueller, P.E.
engineering principles and practices in broad John Rich, P.E.
areas of assignment and related fields. Eduardo Balbls, P.E.
Requires orofessional exoerience.
ENGINEER IV
$85 John Eason, P.E.
A fully competent engineer in all conventional David Scott, P.E.
aspects of the subject matter of the functional Suzanne Lansford, P.E.
area of the assignments, plans and conducts
work requiring judgment in the independent
evaluation, selection and substantial
adaptation and modifications of engineering
practices. Requires orofessional exoerience.
ENGINEER '"
$80 Christine Miranda, E.I.
Independently evaluates, selects and applies Eva Velez-Markle, E.!.
standard engineering techniques, procedures, Melanie Straub, E.I.
and criteria, using judgment in making minor
adaDtations and modifications.
6
The City of Boynton Beach
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6451
FAX. (561) 742-6298
Website:www.ci.boynton-beach.l1.us
Certified Letter #7004-2510-0003-1337-5506
November 29,2005
Marco Water Engineering
Marco Bell, P .E.
1120 Grand Duke Way
Royal Palm Beach, FL 33411
Dear Mr. Bell:
Weare pleased to inform you that during the commission meeting on November 15, 2005, the City
Commission approved the renewal of your consultant agreement as allowed in the agreement issued
under RFQ #065-282l-03/CJD. The City Commission also authorized the Utilities Department to
conduct negotiations for compensation rates related to consultant and or engineering services.
RFQ #065-282l-03/CJD approved your firm for one (1) scope of service:
· Scone D: Ancillarv Studies and Services
This approval begins the negotiation process for the City to establish contractual classification rates
and mark-up percentages for the services to be requested.
We ask that you submit your billable classification rates and mark-up percentages within the attached
schedule. In each classification please provide names ofthe individuals as referenced in RFQ #065-
2821-03/CJD that correspond to the classification. To facilitate our process we are asking that you
standardize your positions to meet our classifications.
America's Gateway to the Gulfstream
If your firm has additional individuals not listed in the original RFQ, please submit a resume for
our records along with any other updated information you deem appropriate.
We need a response to this letter initiating the negotiations no later than December 12, 2005. Please
direct your responses to me, Barbara Conboy, Manager, Utilities Administration. If we do not
receive a response in the allotted time, we will assume that the current rates will remain for the next
term. The City of Boynton Beach staff will evaluate the rates submitted and determine if further
negotiation is needed with individual firms.
The City of Boynton Beach looks forward to successful negotiations and continuing the process with
your firm to result in execution of a renewed Two-Year General Consulting and Engineering
Contract. Upon successful negotiations, renewed Consultant Agreements and the negotiated rates
will be submitted to City Commission for final approval.
Sincerely,
CITY OF BOYNTON BEACH
~Q~
Barbara Conboy
Manager, Utilities Administration
Attachments - Current classification rate table
Blank classification rate table
cc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Procurement Services
2
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
Client Service Manager
Senior Project Manager
Project Engineer
Scientist
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/H ydrogeologist(T echnical
Specialist)
Senior Professional SurveyorlMapper
.. --- --- - -
3
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support
---- - -
4
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
-- -- - -
5
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Hourly Rate
Employees Identified
6
EXHIB:T B
Marco Water Engineering
RFQ #2821-065-03/CJD
Compensation Rates
11-18-03 through 11-18-05
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (principal)
IJ25;OO marc, A. f/:;,jl J Re..
Client Service Manager
Senior Project Manager
Project Engineer
Scientist
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/Hydrogeologist(Technical
Specialist)
Senior Professional Surveyor/Mapper
3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional SurveyorlMapper
Engineering/Survey Technician
Senior Field Representative
(professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support Li' J'l.S 0 tn (}lJiCq th. PJ'IJ ~/) .
4
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc. I 0 fJ( 0
Direct Costs - Mark-up % sub-
consultants 01
}V fO
5 _
The City of Boynton Beach
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, Florida 33435
Oflice: (561) 742-6451
FA}{: (561) 742-6298
Website:www.ci.boynton-beach.fl.us
Certified Letter #7004-2510-0003-1337-5513
November 29,2005
Mathews Consulting, Inc.
David Mathews, P .E.
1475 Centrepark Blvd., Suite 250
West Palm Beach, FL 33401
Dear Mr. Mathews:
We are pleased to inform you that during the commission meeting on November 15, 2005, the City
Commission approved the renewal of your consultant agreement as allowed in the agreement issued
under RFQ #065-2821-03/CJD. The City Commission also authorized the Utilities Department to
conduct negotiations for compensation rates related to consultant and or engineering services.
RFQ #065-2821-03/CJD approved your firm for one (1) scope of service:
. Scope C: Infrastructure Improvements
This approval begins the negotiation process for the City to establish contractual classification rates
and mark-up percentages for the services to be requested.
We ask that you submit your billable classification rates and mark-up percentages within the attached
schedule. In each classification please provide names ofthe individuals as referenced in RFQ #065-
282l-03/CJD that correspond to the classification. To facilitate our process we are asking that you
standardize your positions to meet our classifications.
America's Gateway to the Gulfstream
If your firm has additional individuals not listed in the original RFQ, please submit a resume for
our records along with any other updated information you deem appropriate.
We need a response to this letter initiating the negotiations no later than December 12, 2005. Please
direct your responses to me, Barbara Conboy, Manager, Utilities Administration. If we do not
receive a response in the allotted time, we will assume that the current rates will remain for the next
term. The City of Boynton Beach staff will evaluate the rates submitted and determine if further
negotiation is needed with individual firms.
The City of Boynton Beach looks forward to successful negotiations and continuing the process with
your firm to result in execution of a renewed Two-Year General Consulting and Engineering
Contract. Upon successful negotiations, renewed Consultant Agreements and the negotiated rates
will be submitted to City Commission for final approval.
Sincerely,
CITY OF BOYNTON BEACH
~.Gi\
Barbara Conboy
Manager, Utilities Administration
Attachments - Current classification rate table
Blank classification rate table
cc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Procurement Services
2
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
Client Service Manager
Senior Project Manager
Project Engineer
Scientist
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/H ydrogeologist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
.-
3
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support
. -. .-
4
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
.--.-. -- .--- --
5
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Hourly Rate
Employees Identified
6
EXHIBIT B
Mathews Consulting, Inc.
RFQ #2821-065-03/CJD
Compensation Rates
11-18-03 through 11-18-05
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (principal)
$115 - $125 Rene Mathews, P.E.
Client Service Manager
$115 - $125 David Mathews, P.E.
Senior Project Manager
$105 - $115 Barron Caronite, P.E.
Rebecca Travis, P.E.
Project Engineer
Scientist
Senior Designer
$75 - $80 Sammy Tjiong
Tom Fedun
Designer
Senior Engineer/Hydrogeologist
-
Engineer/Hydrogeologist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICA TION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(professional) $90 - $100 Bruce Wundrack, P.E.
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
$70 - $75 steve Dellaquila
GPS Equipment
-
Senior Administrative Support
$45 - $50 Nancy Armstrong
Administrative Support
4
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
-
Direct Costs - Mark-up % No Markup - Mileage, printing/
Office, reproduction, mailing, etc. Billed as reproduction, mailing/
direct postage
expenses
Direct Costs - Mark-up % sub- 10% markup \
consultants on all ~l1h~
5
The City of Boynton Beach
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6451
FAX: (561) 742-6298
Website:www.ci.boynton-beach.fl.us
Certified Letter #7004-2510-0003-1337-5520
November 29,2005
Metcalf & Eddy, Inc.
Mark Blanchard, P .E.
301 Clematis Street
West Palm Beach, FL 33401
Dear Mr. Blanchard:
Weare pleased to inform you that during the commission meeting on November 15,2005, the City
Commission approved the renewal of your consultant agreement as allowed in the agreement issued
under RFQ #065-2821-03/CJD. The City Commission also authorized the Utilities Department to
conduct negotiations for compensation rates related to consultant and or engineering services.
RFQ #065-2821-03/CJD approved your firm for three (3) scopes of services:
· Scope A: Water Plant Expansions and Capacity Replacement
· Scope C: Infrastructure Improvements
· Scope D: Ancillary Studies and Services
This approval begins the negotiation process for the City to establish contractual classification rates
and mark-up percentages for the services to be requested.
We ask that you submit your billable classification rates and mark-up percentages within the attached
schedule. In each classification please provide names of the individuals as referenced in RFQ #065-
2821-03/CJD that correspond to the classification. To facilitate our process we are asking that you
standardize your positions to meet our classifications.
America's Gateway to the Gulfstream
If your firm has additional individuals not listed in the original RFQ, please submit a resume for
our records along with any other updated information you deem appropriate.
We need a response to this letter initiating the negotiations no later than December 12, 2005. Please
direct your responses to me, Barbara Conboy, Manager, Utilities Administration. If we do not
receive a response in the allotted time, we will assume that the current rates will remain for the next
term. The City of Boynton Beach staff will evaluate the rates submitted and determine if further
negotiation is needed with individual firms.
The City of Boynton Beach looks forward to successful negotiations and continuing the process with
your firm to result in execution of a renewed Two-Year General Consulting and Engineering
Contract. Upon successful negotiations, renewed Consultant Agreements and the negotiated rates
will be submitted to City Commission for final approval.
Sincerely,
CITY OF BOYNTON BEACH
~~
Barbara Conboy
Manager, Utilities Administration
Attachments - Current classification rate table
Blank classification rate table
cc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Procurement Services
2
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
Client Service Manager
Senior Project Manager
Project Engineer
Scientist
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/H ydrogeologist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
--
3
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support
--.. --.
4
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
- Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
-- -- -- -
5
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Hourly Rate
Employees Identified
6
EXHIBIT B
Metcalf & Eddy, Inc.
RFQ #2821-065-03/CJD
Compensation Rates
11-18-03 through 11-18-05
PLEASE PROVIDE A BRIEF DESCIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal) $175 Alejandro Toro
Byong Shin
Larry VandeVenter
Stephen Bishop
Nicholas Cooper
Client Service Manager $175 Mark Blanchard
Senior Project Manager $156 Jules Ameno, Jr.
James Penkosky
Richard Ulkus
Alan Kapalka
Ronald Fiore
Gary Miller
David Rittmeyer
Proj ect Engineer $113 Robert Velasco
Robert Race
Vincent Kurek
Audrey Casavant
Scientist $71 Joseph Polansky
Senior Designer $91 Amy Walker
Mark Frank
Designer $71 Mark Montantes
Senior Engineer/Hydrogeologist $89 Nicolette Lundie
Matthew Holbrook
EngineerIHydrogeologist $78 Everette Lopez
(Technical Specialist) Adam Moore
Sheldon Barnes
Senior Professional n/a n/a
Survevor/Mapper
Professional Surveyor/Mapper n/a n/a
Engineering/Survey Technician n/a nla
Senior Field Representative $116 Richard Kaminska
George Papaioannou
Joseph Richard
Survey Crew nla . n/a
,
GIS Specialist $112 Lindle Wilnow
EXHIBIT B
Graphics Specialist $78 Jack Draisey
Senior Inspector $75 Richard Longhenry
Patrick Hull
Douglas Evans
GPS Equipment $85 Peter Laforge
Peter Verbanac
Senior Administrative Support $71 Diane Centimole
Annette Duncan
Administrative Support $45 Linda Paulison
Luisa Alvarado
Paula Austin
Vicky White
Angela Smith
Jacqueline Pottinger
Paraprofessional nla nla
Aerial Photogrammetry nla nla
Computer System Analysis nla nla
Rate Study nla nla
Financial Services n/a nla
Instrumentation and Control $113 Vemon E. Ware
Services Frank O'Hara
Human Resource Services nla nla
Data Acquisition and Control nla nla
Services
Direct Costs - Mark-up % 10% As required
Office, reproduction, mailing, etc.
Direct Costs - Mark,..up % sub- 10% Hiller Electrical Engineering
consultants Spillis Candela DMJM
Civil Works, Inc.
Planning and Economics Group
nla=not applicable (employee may have been identified elsewhere or work will be subcontracted)
revised 10-16-03
The City of Boynton Beach
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6451
FAX' (561) 742-6298
Website:www.ci.boynton-beach.fl.us
Certified Letter #7004-2510-0003-1337-5537
November 29, 2005
PBS&J
Roberto S. Ortiz, P.E.
Vice President
3230 Commerce Place, Suite A
West Palm Beach, FL 33407
Dear Mr. Ortiz:
Weare pleased to inform you that during the commission meeting on November 15, 2005, the City
Commission approved the renewal of your consultant agreement as allowed in the agreement issued
under RFQ #065-282l-03/CJD. The City Commission also authorized the Utilities Department to
conduct negotiations for compensation rates related to consultant and or engineering services.
RFQ #065-282l-03/CJD approved your firm for three one (1) scope of service:
. Scooe C: Infrastructure Imorovements
This approval begins the negotiation process for the City to establish contractual classification rates
and mark-up percentages for the services to be requested.
We ask that you submit your billable classification rates and mark-up percentages within the attached
schedule. In each classification please provide names ofthe individuals as referenced in RFQ #065-
282l-03/CJD that correspond to the classification. To facilitate our process we are asking that you
standardize your positions to meet our classifications.
America's Gateway to the Gulfstream
If your firm has additional individuals not listed in the original RFQ, please submit a resume for
our records along with any other updated information you deem appropriate.
We need a response to this letter initiating the negotiations no later than December 12,2005. Please
direct your responses to me, Barbara Conboy, Manager, Utilities Administration. If we do not
receive a response in the allotted time, we will assume that the current rates will remain for the next
term. The City of Boynton Beach staff will evaluate the rates submitted and determine if further
negotiation is needed with individual firms.
The City of Boynton Beach looks forward to successful negotiations and continuing the process with
your firm to result in execution of a renewed Two-Year General Consulting and Engineering
Contract. Upon successful negotiations, renewed Consultant Agreements and the negotiated rates
will be submitted to City Commission for final approval.
Sincerely,
CITY OF BOYNTON BEACH
~a~
Barbara Conboy
Manager, Utilities Administration
Attachments - Current classification rate table
Blank classification rate table
cc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Procurement Services
2
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
Client Service Manager
Senior Project Manager
Project Engineer
Scientist
Senior Designer
Designer
Senior EngineerIHydrogeologist
Engineer/H ydrogeologist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
~ ~ ~~ ~ ~
3
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support
= .- -. - . - -.
4
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
- --- -- -
5
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Hourly Rate
Employees Identified
6
"
EXHIBIT B
PBS&J
RFQ #2821-065-03/CJD
Compensation Rates
11-18-03 through 11-18-05West Palm
Beach, FL 33407
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Hourly
Rate
$185.00
Project Director (principal)
Client Se~ce Manager
Senior Project Manager
$185.00
$150.00
Project Engineer
$ 95.00
Scientist
$ 70.00
Senior Desi2D.er
Desi2ner
SeniorEngineer/Hydrogeologist
$ 60.00
$ 55.00
$130.00
Engineer/Hydrogeologist
(TechnicalSpecialist)
Employees
Identified
Blake Guillory,P .E.
Bob Morell, P.E.,D.E.E.
Bob Ortiz, P.E., D.E.E.
Ken Wilson, P.E.,
D,E.E.
Gerald Carrigan,P .E.
Moris
Cabezas,PhD,P .E,D .E.E.
Larry Hentz,P,E.,D,E.E
William Brown, AIA,
UBCI
Blake Guillory, P ,E.
Patricia Carney, P .E.
Phillip Dover, P.E.
Douglas Dycus,P.E.
JoAnn Jackson, P.E.
Raul Mercado, P .E.
Doug Norris, P.E.
Steve Starr, P.E.
Bill Whidden, P .E.
Wayne
Mather,P .E.D.E.E.
Prasad
Chittalurn,PhD.P .E.
Hermann Konrad, P.E.
David Carter,CCE,EI
Enrique Gonzalez
Bernard Ward
Norris Smith
Christopher Niforatos,
P.E.
Joe Diaz,P.E.
Sara Sciotto,P.E.,
Kathleen Farrell,P .E.
Jason Garz,P .E.
Jeremy McBryan, P.E.
Adam Gelber
Mark Henry
Mike Hellyer
Alex Delgado
GeoffBurke, P,G.
. Phillip Cook,P.G.
$ 95.00 Kevin Dorsey, P.G.
,..... . -- .. . .-
...,.. ~^ ^^ r"__.1__T"'Io_''l7_11_ nil"'llll
-.~" .
~"
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Employees
Rate Identified
Professional SurveyorlMapper $132.00 Roberto Mantecon, PSM
IO~
~ (~-Ikr b .lre.63
Engineering/Survey Technician $ 70.00 Alexis Rodriguez
Raul Perez de Alejo
Senior Field Representative $ 77.00 David Carter, CCE,EI
(professional) Enrique Gonzalez
Juan Moreno
Armando Amet, ill
UBCI,SBCCI
Survey Crew
4-person crew $153.00 VariOllS individuals
3-person crew $127.00
2-person crew $100.00
GIS Specialist $ 95.00 Patrick Sipple
. Diana Umpierre
Graphics Specialist $ 70.00 Marion Kase
Julie Forgione
Senior Inspector $~ Joseph Salazar, SET
t}oCiJ Armando Am.et, ill,
UBCI,SBCCI
~/e41'" 10-/(,03
GPS Equipment $ 35.00 Gerald Sanders
Raul Torres
Allen Welch
Senior Administrative Support $ 52.00 Sharon Durick
Administrative Support $ 40.00 Adele Forman
\ \
, ,
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Employees
Rate Identified
Paraprofessional N/A
Aerial Photogrammetry N/A
Computer System Analysis $ 80.00 Shane McIntyre
David Stackhouse
Rate Study $ t66:f1O Marc Walch
I wet) Donna Huey
~ lejJ.p, 10 ./fAJ3
Financial Services $ 170.00 Karen Keese
Marc Walch
Instrumentation and Control Services $ 140.00 Daniel Schmidt, P .E.
Human Resource Services N/A
Data Acquisition and Control Services N/A
Direct Costs - Mark-up % Actual Copy
Office, reproduction, mailing, etc. Cost Mail
Fax.
Phone
Mileage $O.36/mi.
Direct Costs-Mark-up % sub- 1.10 Hillers Electrical
Consultants Engineering, Inc.
- ..
\, \ Communications
-
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Employees
Rate Identified
Senior Right of Way Agent $ 95.00 Rudy Mirjah
Jim Durako
Eric Watkins
Right of Way Agent $ 80.00 Deborah Korleski
Adam Stehly
Planner $115.00 Dale Siska, AlCP
Erin Degutis, AlCP,
ASLA
Junior Engineer $ 75.00 Sarah Houghland, E.!.
Holly Urban, E.!.
Brent Whitfield, E.!.
Landscape Architect $110.00 David Larson, RLA
Harry Belton, RLA
Senior Architect $115.00 Gary Smith, AIA
Jay Anderson, AIA
Jeff Warmington, AlA
Architect $ 80.00 Lori-Ann Ridley
Alex Camps
Paul Simmonds
,
\ \
-
iI'I..
PBSI
EXHIBIT B
An employee-owned company
October 16, 2003
RECEIVED
OCT L l 2003
BOYRTONB!ACHUTU.\lIES
Ms. Barbara Conboy
Manager, Utilities Administration
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33435
Subject: Re-examination of Proposed Billing Rates
Scope C: Infrastructure Improvements and Repairs
General Consulting and Engineering Services Contract
Dear Ms. Conboy,
Weare in receipt of your October 10, 2003 letter requesting re-examination of rates for
certain billable classifications. We offer the following adjustments:
Classification
Adiusted Rate
Senior. Professional Surveyor/
Mapper
$125.00
Professional Surveyor/Mapper
$105.00
Senior Inspector
$90.00
Rate Study
$160.00
These rates, while still above the City's average rates, are below the 20 percent threshold.
We trust that this information will be acceptable to the City. If you have any further
questions, please do not hesitate to call us.
Sincerely,
~~
\Jise PriEideat, Di'~isigR M1R:ager
Cc: Peter V. Mazzella, P.E.
The City of Boynton Beach
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, Florida 33435
Oflice: (561) 742-6451
FAX' (561) 742-6298
Website:www.ci.boynton-beach.fl.us
Certified Letter #7004-2510-0003-1337-5544
November 29, 2005
SFRN, Inc.
Lisa A. Tropepe, P.E.
1201 Belvedere Road
West Palm Beach, FL 33405
Dear Ms. Tropepe:
Weare pleased to inform you that during the commission meeting on November 15,2005, the City
Commission approved the renewal of your consultant agreement as allowed in the agreement issued
under RFQ #065-2821-03/CJD. The City Commission also authorized the Utilities Department to
conduct negotiations for compensation rates related to consultant and or engineering services.
RFQ #065-2821-03/CJD approved your firm for two (2) scopes of services:
· Scope C: Infrastructure Improvements
· Scope D: Ancillary Studies and Services
This approval begins the negotiation process for the City to establish contractual classification rates
and mark-up percentages for the services to be requested.
We ask that you submit your billable classification rates and mark-up percentages within the attached
schedule. In each classification please provide names of the individuals as referenced in RFQ #065-
2821-03/CJD that correspond to the classification. To facilitate our process we are asking that you
standardize your positions to meet our classifications.
Americas Gateway to the Gulfstream
If your firm has additional individuals not listed in the original RFQ, please submit a resume for
our records along with any other updated information you deem appropriate.
We need a response to this letter initiating the negotiations no later than December 12, 2005. Please
direct your responses to me, Barbara Conboy, Manager, Utilities Administration. If we do not
receive a response in the allotted time, we will assume that the current rates will remain for the next
term. The City of Boynton Beach staff will evaluate the rates submitted and determine if further
negotiation is needed with individual firms.
The City of Boynton Beach looks forward to successful negotiations and continuing the process with
your firm to result in execution of a renewed Two-Year General Consulting and Engineering
Contract. Upon successful negotiations, renewed Consultant Agreements and the negotiated rates
will be submitted to City Commission for final approval.
Sincerely,
CITY OF BOYNTON BEACH
~~(
Barbara Conboy
Manager, Utilities Administration
Attachments - Current classification rate table
Blank classification rate table
cc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Procurement Services
2
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
Client Service Manager
Senior Project Manager
Project Engineer
Scientist
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/H ydrogeologist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
-
3
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
I
Senior Administrative Support
Administrative Support
4
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
-.
5
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Hourly Rate
Employees Identified
6
SFRN, Inc.
RFQ #2821-065-03/CJD
EXHIBIT B Compensation Rates
11-18-03 through 11-18-05
PLEASE PROVIDE A BRIEF DESCRIPTIOl\
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
SCOPE D
Classifica tio n Hourlv Rate Emnlovees Identified
Project Director (Principal) $145.00 Keith Jackson
Gary Rayman
C. Andre Rayman
Client Services Manager $145.00 Lisa Tropepe
Project Engineer $ 84.00 Kyle Grandusky
Allen Green
Designer $ 58.00 Olive Henry
Senior Professional Surveyor/Mapper $ 90.00 Bob Wise
Engineering/Survey Technician $ 67.00 Mike Brienza
Survey Crew $116.00 Hector Gonzalez
(3-person crew) Robert Fullwood
Ed Colvin
GPS Equipment & Crew $180.00 Hector Gonzalez
Robert Fullwood
Ed Colvin
Senior Administrative Support $ 52.00 Thea W orthingstun
Debbra Haynoski
Tashia Kenty
Administrative Support $ 44.00 Donna Lacourse
David Bolton -
Paraprofessional $ 59.00 Christine Geffken
Direct Costs - Mark-up % 10%
Office, reproduction, mailing, etc.
f),rpf't ('()!':t!': Ml'Irk-lln OJ.,
Sub-consultants 10%
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
SCOPE C
Classification Hourlv Rate Emplovees Identified
Proj ect Director (Principal) $145.00 K. Dan Shalloway
Keith Jackson
Brian LaMotte
Gary Rayman
C. Andre Rayman
Client Services Manager $145.00 Lisa Tropepe
Senior Project Manager $110.00 Terrence Bailey
Project Engineer $ 84.00 Kyle Grandusky
Allen Green
Designer $ 58.00 Olive Henry
Senior Professional Surveyor/Mapper $ 90.00 Bob Wise
Engineering/Survey Technician $ 67.00 Mike Brienza
Senior Field Representative $ 84.00 Position currently
(Professional) vacant
Hector Gonzalez
GPS Equipment & Crew $180.00 Robert Fullwood
ili- It~.r JalQt{ /OJD.cld Colvin
Senior Administrative Support $ 52.00 Thea W orthingstun
Debbra Haynoski
Tashia Kenty ,-
Administrative Support $ 44,00 Donna Lacourse
David Bolton
Paraprofessional $ 59.00 Christine Geffken
Direct Costs - Mark-up % 10%
~~~ -,. .,.
, -r , , _.' .
Direct Costs - Mark-up %
Sub-consultants 10%
EXHIBIT B
,INe
Engineers Surveyors GIS Mappers
Sh,d'owlIY Engineering
K. DanielShalloway, p.E.
Gary M. Rayman, P.S.M.
Warren H. Newell
Brian 1. LaMotte, P. E.
Keith B. Jackson, P. E.
Lisa A. Tropepe, P. E.
RECEIVED
OCT 2 1 _
-
Via Fax and Mail
October 20, 2003
Barbara Conboy, Manager
Utilities Department
City of Boynton Beach
135 E. Woolbright Road
Boynton Beach, FL 33435
Re: Certified Letter #7003 1010 0000 6300 9521
Dated October 10, 2003
Dear Ms. Conboy:
This is in response to your letter regarding our rates for GPS Equipment/Crew of
$180.00. That rate is for a 3-person crew using a base station and 2 roving units. We
will accept your rate of $71.68 for a 1-person crew using a sub meter accurate unit.
Thank you very much for your consideration.
Very truly yours,
~O-~
Lisa A. Tropepe, P.E.
Vice President
LA T Icg
1201 Belvedere Road
West Palm Beach, FL 33405
{Jol)""-""
Fax 832-9390
info@sfrninc.com
www.sfrninc.com
CONBOY 09-23-03
SFRN #03018
'The City of Boynton Beach
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, Florida 33435
OfJice: (561) 742-6451
FAX' (561) 742-6298
Websi te..www.ci.boynton-beach.fl.us
Certified Letter #7004-2510-0003-1337-5551
November 29,2005
Stanley Consultants, Inc.
Tshaka E. Dennis, P .E.
1601 Belvedere Road, Suite 400 East
West Palm Beach, FL 33406
Dear Mr. Dennis:
We are pleased to inform you that during the commission meeting on November 15,2005, the City
Commission approved the renewal of your consultant agreement as allowed in the agreement issued
under RFQ #065-2821-03/CJD. The City Commission also authorized the Utilities Department to
conduct negotiations for compensation rates related to consultant and or engineering services.
RFQ #065-2821-03/CJD approved your firm for one (1) scope of service:
· Scope D: Ancillary Studies and Services
This approval begins the negotiation process for the City to establish contractual classification rates
and mark-up percentages for the services to be requested.
We ask that you submit your billable classification rates and mark-up percentages within the attached
schedule. In each classification please provide names of the individuals as referenced in RFQ #065-
2821-03/CJD that correspond to the classification. To facilitate our process we are asking that you
standardize your positions to meet our classifications.
America's Gateway to the Gulfstream
If your firm has additional individuals not listed in the original RFQ, please submit a resume for
our records along with any other updated information you deem appropriate.
We need a response to this letter initiating the negotiations no later than December 12, 2005. Please
direct your responses to me, Barbara Conboy, Manager, Utilities Administration. If we do not
receive a response in the allotted time, we will assume that the current rates will remain for the next
term. The City of Boynton Beach staff will evaluate the rates submitted and determine if further
negotiation is needed with individual firms.
The City of Boynton Beach looks forward to successful negotiations and continuing the process with
your firm to result in execution of a renewed Two-Year General Consulting and Engineering
Contract. Upon successful negotiations, renewed Consultant Agreements and the negotiated rates
will be submitted to City Commission for final approval.
Sincerely,
CITY OF BOYNTON BEACH
~CaJJ{
Barbara Conboy
Manager, Utilities Administration
Attachments - Current classification rate table
Blank classification rate table
cc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Procurement Services
2
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
Client Service Manager
Senior Project Manager
Project Engineer
Scientist
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/H ydrogeolo gist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
3
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support
4
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
5
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Hourly Rate
Employees Identified
6
EXHIBIT B
Stanley Consultants, Inc.
RFQ #2821-065-03/CJD
Compensation Rates
11-18-03 through 11-18-05
Stanley Consultants, Inc.
Hourly Fees and Charges
Classification Hourly Rate Employees Identified
Project Director (principal)
$140.80 Tshaka Dennis, P .E.
SC-16
Client Service Manager
$140.80 Tshaka Dennis, P .E.
SC-16
Senior Project Manager David Grounds, P .E.
$159.80 Charles Meyer, P .E.
SC-17
Patrick Mullin, P.E.
Project Engineer
$108.25 Brian Roth, P .E.
SC-13
Scientist i) () tile
$~ Michael Durham, QEP
SC-16
7:i.t(.. 1,,- 1/ tr b. / bl$
Senior Designer 109'"
$1-40.80 Jon Ahlschwede, S.E.T.
SC-16
-:5Rfl- lei/v / /) / h05
Designer 11'.-
$ ffitt'75 Daniel Hill
SC-J2
'SUo Ie. #0- /0 I b Ui
Senior Engineer/Hydrogeologist
$126.00 William Holman, P .E.
SC-15
Engineer/Hydrogeologist 1130)
(Technical Specialist)
$116.60 Michael Donnelly, PG
SC-14
S-eL IJar )011D'ij3
Senior Professional Surveyor/Mapper Services to be provided by
$95.00 sub consultant -
Betsy Lindsay, Inc.
Note: SC-XX denotes Stanley Consultants personnel classification. See Stanley's Standard Hourly Fees and 3
Charges sheet.
EXHIBIT B
Stanley Consultants, Inc.
Hourly Fees and Charges
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper Services to be provided by
$85.00 subconsultant -
Betsy Lindsay, Inc.
Engineering/Survey Technician Services to be provided by
$75.00 sub consultant -
Betsy Lindsay, Inc.
Senior Field Representative J ,11 {JJ
(Professional) $140.80
SC-16 James McLellan, P.E.
'52tZ- le.Hv lo!tt;,-cg
Survey Crew $150,00 (3-man GPS) Services to be provided by
$130.00 (2-man GPS) sub consultant -
$ 90.00 (I-man GPS) Betsy Lindsay, Inc.
GIS Specialist
$108.25 Daniel Miller, P.E.
SC-13
Graphics Specialist $73.75 (~
Joanne DiGnazio, C.D.
SC-8 \
~,~
Senior Inspector
$73.75 James Russen
SC-8
GPS Equipment Services to be provided by
$ 40.00 sub consultant, Betsy Lindsay,
Inc.
Senior Administrative Support
$67.75 Renee Jones
SC-7
Administrative Support Sit 00
$S4.ge Patricia Gringeri
SC-5
'SJU..Ie-~a.. 10. / h'cg
Paraprofessional ~UT.IJ Karen McDaniel
SC-7
Note: SC-XX denotes Stanley Consultants personnel classification. See Stanley's Standard Hourly Fees and 4
Charges sheet.
EXHIBIT B
Stanley Consultants, Inc.
Hourly Fees and Charges
Classification Hourly Rate Employees Identified
Aerial Photogramrnetry Services to be provided by
See attached sub consultant, Aerial
Cartographies of America, Inc.
Computer System Analysis ni.(cc
$t40.80 Chuck Littler
SC-16
~ 1e.:It:Q' It". 1l-...a3
Rate Study
$108.25 Brian Roth, P .E.
SC-13
Financial Services
$108.25 Brian Roth, P.E.
SC-13
Instrumentation and Control Services
$126.00 Jeffrey Gambrall, P .E.
SC-15
Human Resource Services 1'31-1(0
$ffiO.OO Robert Berg
SC-18
~ /e-H0' )0/(0'(1.>
Data Acquisition and Control Services
$116.60 Steven Tripmacker
SC-14
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
At Cost Plus 10%
Direct Costs - Mark -up % sub-
consultants
At Cost Plus 10%
Senior Environmental Analyst $116.60 Edwin Slattery
SC-14
Note: SC-XX denotes Stanley Consultants personnel classification. See Stanley's Standard Hourly Fees and 5
Charges sheet.
EXHIBIT B
Stanley Consultants, Inc.
Hourly Fees and Charges
Classification Hourly Rate Employees Identified
Environmental Analyst $108.25 James Hodina, QEP
SC-13
Planner $79.50 John Sayles, AICP
SC-9
Senior Architect $116.60 Richard Herrick, AIA
SC-14
Architect $93.10 Gail Ray, AIA
SC-11
Senior Structural Engineer $126.00 Kent Turner, P.E.
SC-15
Structural Engineer $108.25 Larry Badtram, P .E.
SC-13
Senior Electrical Engineer $140.80 Vernon McAllister, P.E.
SC-16
Electrical Engineer $126.00 David Goetz, P.E.
SC-15
$116.60 Stewart Primrose, P .E.
Senior Mechanical Engineer SC-14
Mechanical Engineer $93.10 Jon Bovenkamp, P.E.
SC-ll
Note: SC-XX denotes Stanley Consultants personnel classification. See Stanley's Standard Hourly Fees and 6
Charges sheet.
CZ)
Stanley Consultants INC.
Exhibit B
A Stanley Group Company
Engineering, Environmental and Construction Services - Worldwide
October 16, 2003
RECEIVED
OCT 2 1 2003
BO.SIACHUTILITIES
Ms. Barbara Conboy
Manager, Utilities Administration
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
RE: Certified Letter # 70031010000063009538
Billable Classification Rates
Dear Ms. Conboy:
Thank you for the above referenced letter. We have reviewed your average rates for the
categories listed in your letter and are willing to accept your rate cap of 20 percent above
these average rates. Therefore, we are willing to accept the following rates for the
classifications listed:
Classification
Scientist
Senior Designer
Designer
Engineer/Hydrogeologist
(TechrllcaITrahllng)
Senior Field Representative
(professional)
Administrative Support
Computer System Analysis
Human Resource Services
Agreed Upon Rates
$120.00
$108.00
$ 86.00
$113.00
$121.00
$ 54.00
$134.00
$134.00
Thank you very much for your effort and consideration and we look forward to working
with the City in the near future.
Sincerely,
Stanley Consultants, Inc.
,
Tshaka E. Dennis, P .E.
S:\Administration\CClnboy Boynton Beach lO-16-03.doc
. --. -. . .... . ~", .^^ r"'__..... ,.. ..... I ... _,. r"1 "1")..n~ _I . r-r4 con "'1...11.. ~.... cr. rnn .'u',n.,.
The City of Boynton Beach
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6451
FAX (561) 742-6298
Website:www.ci.boynton-beach.fl.us
Certified Letter #7004-2510-0003-1337-5476
November 29, 2005
Tetra Tech HAl
Charles Drake, P .E.
201 East Pine Street, Suite 1000
Orlando, FL 32801
Dear Mr. Drake:
We are pleased to inform you that during the commission meeting on November 15,2005, the City
Commission approved the renewal of your consultant agreement as allowed in the agreement issued
under RFQ #065-2821-03/CJD. The City Commission also authorized the Utilities Department to
conduct negotiations for compensation rates related to consultant and or engineering services.
RFQ #065-2821-03/CJD approved your firm for two (2) scopes of services:
· Scope C: Infrastructure Improvements
· Scope D: Ancillary Studies and Services
This approval begins the negotiation process for the City to establish contractual classification rates
and mark-up percentages for the services to be requested.
We ask that you submit your billable classification rates and mark-up percentages within the attached
schedule. In each classification please provide names of the individuals as referenced in RFQ #065-
2821-03/CJD that correspond to the classification. To facilitate our process we are asking that you
standardize your positions to meet our classifications.
America's Gateway to the Gulfstream
If your firm has additional individuals not listed in the original RFQ, please submit a resume for
our records along with any other updated information you deem appropriate.
We need a response to this letter initiating the negotiations no later than December 12, 2005. Please
direct your responses to me, Barbara Conboy, Manager, Utilities Administration. If we do not
receive a response in the allotted time, we will assume that the current rates will remain for the next
term. The City of Boynton Beach staff will evaluate the rates submitted and determine if further
negotiation is needed with individual firms.
The City of Boynton Beach looks forward to successful negotiations and continuing the process with
your firm to result in execution of a renewed Two-Year General Consulting and Engineering
Contract. Upon successful negotiations, renewed Consultant Agreements and the negotiated rates
will be submitted to City Commission for final approval.
Sincerely,
CITY OF BOYNTON BEACH
~al
Barbara Conboy \J
Manager, Utilities Administration
Attachments - Current classification rate table
Blank classification rate table
cc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Procurement Services
2
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
Client Service Manager
Senior Project Manager
Project Engineer
Scientist
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/H ydrogeologist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
..
3
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support
4
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
5
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Hourly Rate
Employees Identified
6
Tetra Tech HAl
(Formerly Hartman & Assoc., Inc.)
RFQ #2821-065-03/CJD
Compensation Rates
11-18-03 through 11-18-05
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
~
EXHIBIT B
Classification Hourly Rate Employees Identified
Project Director (principal) $225.00 James Christopher, P .E.
1'i1'~3
. .' ~ /~I-b- /0 :.22 .CJ5
Client Service Manager $160.00 Ralph Terrero, P.E., DEE
Senior Project Manager $150.00 Rod Cashe, P.E.
Troy Layton, P .E.
Jill Hudkins, P .E.
Project Engineer $85.00 Jarrett Kinslow, E.!.
Burl Reardon, E.!.
Brian Foulkes, E.I.
Scientist $85.00 Alexis McKinnon
Kirsten West
Senior Designer $95.00 Scott Neumeyer
Tim Calzaretta
Designer $70.00 Karl Bryant
Eliezer Cuevas
Senior Engineer/Hydrogeologist $HiO.OO Jon Fox, P.E.
I Lf3cJ John Toomey, P.E.
~ I r;)Ier b.;J:;. 03 Douglas Dufresne, P .G.
Engineer/Hydrogeologist ~e Charles Parker, P .E.,
(Technical Specialist) J /800 Lauren Springer, P.E.
:SQa.. leJJer /0-:22- 63
Senior Professional Surveyor/ Subconsultant
Mapper
~ \
3
EXHIBIT B ~
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper Subconsultant
Engineering/Survey Technician " Subconsultant
Senior Field Representation $160.08- Emmett Owens, P .E.
(professional) J{'S(J)
~ 1-L1Iv {O'),2.CD
Survey Crew Subconsultant
GIS Specialist Analyst $70.00 Betty Morris
Graphics Specialist $75.00 Jon Owen
Senior Inspector Sub consultant
GPS Equipment
Senior Administrative Support $60.00 Sharon Angel
Jean Valadez
Administrative Support ~ Michelle Ramos
5;- J. 5 Mary Beth Ellis
~ IF' Jier 10 J;'O-g
~
4
EXHIBIT B ~
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional $65.00 Sally Alfieri
Ann Gawthrop
Aerial Photogrammetry
Computer System Analysis $95.00 Tim Calzaretta
Rate Study/ $120.00 Tara Hollis, CPA, MBA
Management Consultant
Financial Services/ $170.00 Mike Rocca, CMC
Division Manager
Instrumentation and Control Subconsultant
Services
Human Resource Services
Data Acquisition and Control Subconsultant
Services
Direct Costs - Mark-up % ~
Office, reproduction, mailings, etc. ID90
~~ /pJfr /D-.:2~ 03
Direct Costs - Mark-up % -l-5%
Subconsultant /070
'S1li2..-/.JJr lo.~2'03
..:
5
EXHIBIT B
t
HARTMAN & ASSOCIATES, INC.
OFFICERS:
Gerald C. Hartman, PE., DEE
Harold E.Schmidt,]r.,PE., DEE
James E. Christopher, FE.
Charles w: Drake, P.G.
Mark A. Rynning. PE.. M.B.A.
William D. Musser, PE., PH.
Michael B. Bomar, PE.
Lawrence E. Jenkins, PS.M
engineers, hydrogeologists, surveyors & management consultants
A Tetra Tech Company
ASSOCIATES:
October 22, 2003
James E. Golden, PG.
.Andrew T. Woodcock, P.E., M.B.A.
John P Toomey, P E.
Jennifer L. WOodail, P E.
L.Todd Shaw, PE.
Rafael A. Tercero, PE., DEE
Jill M. Hudkins, PE.
DanieJ M. Nelson, PE.
Valerie C. Davis, PG.
HAl# 03.0190.MOO CharlesM.Shultz,P.E
Sean M. l'arkS,AICp, QEP
C. Michelle Gaylord
Tara L. Hollis. C.PA.. M.BA
W Bruce Lafrenz, PG.
Alexis K. Stewart, FE.
Ada R. Tercero
SENIOR ASSOCIATES.
Marco H. Rocca, CM.C.
Roderick K. Cashe, PE.
Douglas P. Dufresne, PG.
Jon D. Fox. PE.
Troy E LaYIO~li'l'Facsimile & UPS OverniJ!ht Mail
Ms. Barbara Conboy
Manager, Utilities Administration
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach Florida 33435
RECEIVED
OCT 2 3 2003
BOYITONB!ACHUTIUTIES
Subject:
General Consulting and Engineering Services
Dear Ms. Conboy:
This letter is in response to your letter of October 10, 2003, relative to the billing rates submitted to you
for the proposed continuing engineering contract under scopes C and D of your Request for Proposals.
We have reviewed the rates for the classifications in question and are providing to you below our
proposed modified rates for these classifications. In general, I have used the rate for the similar
classification that is on our current hourly rate schedule of our existing contract or if that rate was in
excess of the 20 percent you indicated in your letter, I reduced the proposed rate to the average plus 20
percent. The revised rates are summarized below:
Classification
Proposed Rate
$193.33
$143.00
$113.00
$115.00
$ 52.25
10 percent
Project Director (Principal)
Senior Engineer/Hydrogeologist
Engineer/Hydrogeologist (Technical Specialist)
Senior Field Representative (Professional)
Administrative Support
Direct Cost - Markup
We trust that the revised rates proposed above will be acceptable to the City in accordance with the
guidance provided in your letter. If further revisions are required, please feel free to contact me.
Very truly yours,
es E. Christopher, P .E.
Vice President
JEC/sma/03,O 190 ,MOO/corresp/Conboy-2.jec.doc
cc: Ralph A. Terrero, P.E., DEE, HAl
Mi@kele Cllylsr8, IW
201 EAST PINE STREET . SUITE 1000 . ORLANDO; FL 32801-2723
TELEPHONE (407) 839-3955 . FAX (407) 839-3790 . www.consulthaLcom
A TETRA TECH COMPANY (Offices Nationwide)
ORLANDO FORT MYERS FT. LAUDERDALE JACKSONVILLE DESTIN ATLANTA
The City of Boynton Beach
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6451
FAX: (561) 742-6298
Website:www.d.boynton-beach.fl.us
Certified Letter #7004-2510-0003-1337-5568
November 29, 2005
URS Corporation
Thomas F. Mullin, P .E.
7800 Congress Avenue, Suite 200
Boca Raton, FL 33487
Dear Mr. Mullin:
We are pleased to inform you that during the commission meeting on November 15, 2005, the City
Commission approved the renewal of your consultant agreement as allowed in the agreement issued
under RFQ #065-2821-03/CJD. The City Commission also authorized the Utilities Department to
conduct negotiations for compensation rates related to consultant and or engineering services.
RFQ #065-2821-03/CJD approved your firm for two (2) scopes of services:
. Scope B: Wellfield Development and Hvdroe:eolo2V Services
. Scope C: Infrastructure Improvements
This approval begins the negotiation process for the City to establish contractual classification rates
and mark-up percentages for the services to be requested.
We ask that you submit your billable classification rates and mark-up percentages within the attached
schedule. In each classification please provide names of the individuals as referenced in RFQ #065-
2821-03/CJD that correspond to the classification. To facilitate our process we are asking that you
standardize your positions to meet our classifications.
America s Gateway to the Gulfstream
If your firm has additional individuals not listed in the original RFQ, please submit a resume for
our records along with any other updated information you deem appropriate.
We need a response to this letter initiating the negotiations no later than December 12, 2005. Please
direct your responses to me, Barbara Conboy, Manager, Utilities Administration. If we do not
receive a response in the allotted time, we will assume that the current rates will remain for the next
term. The City of Boynton Beach staff will evaluate the rates submitted and determine if further
negotiation is needed with individual firms.
The City of Boynton Beach looks forward to successful negotiations and continuing the process with
your firm to result in execution of a renewed Two-Year General Consulting and Engineering
Contract. Upon successful negotiations, renewed Consultant Agreements and the negotiated rates
will be submitted to City Commission for final approval.
Sincerely,
CITY OF BOYNTON BEACH
~D~
Barbara Conboy
Manager, Utilities Administration
Attachments - Current classification rate table
Blank classification rate table
cc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Procurement Services
2
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
Client Service Manager
Senior Project Manager
Project Engineer
Scientist
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/H ydrogeologist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
. ..
3
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/Survey Technician
Senior Field Representative
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support
.
4
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark-up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
. .. .
5
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Hourly Rate
Employees Identified
6
EXHIBIT B
URS Corporation
RFQ #2821-065-03/CJD
Compensation Rates
11-18-03 through 11-18-05
URS SCOPE B
WELLFIELD DEVELOPMENT AND HYDROGEOLOGY SERVICES
City of Boynton Beach RFQ# 065-2821-03/CJD
Classification Hourly Rate Employees Identified
Project Director (Principal)
Independent Technical Reviewers $140.00 R. Giovanelli
T. Kwader
Senior Technical Specialist W /Q, A. Padva
RIO
Client Service Manager
$145.00 T. Mullin
Senior Project Manager
Project Manager $125.00 R. Cooper - PM
Project Engineer B. Desilet B. Fehring
$85.00 B. Guernik C. Thurlow
X. Houdil J. Miller
H.Gao A. Lin
Scientist
$95.00 T. Carberry M. Easly
R. Gunther
Senior Designer
$80.00 B. Oldford
Designer
$75.00 P.Perry
C. Barrett
Senior EngineerIHydrogeologist M. Walters S. Lepore P.
$105.00 Barbieri
E. Siersema H. Bernacki
G. Wray C. Causaras
B. Waller L. Swayze
Engineer/H ydrogeologist(Technical M. Soko
Specialist) $80.00 D. Schulte
E. Leding
C1 T ~rl""ll
C:\Documents and Settings\conboy.OOO\Local Settings\Temporary Internet Files\0LK31\Boynton Beach Pricing- Scope B.doc
1
EXHIBIT B
URS SCOPE B
WELLFIELD DEVELOPMENT AND HYDROGEOLOGY SERVICES
City of Boynton Beach RFQ# 065-2821-03/CJD
Classification Hourly Rate Employees Identified
Senior Professional Surveyor/Mapper
$95.00 E. Lindsay
Professional Surveyor/Mapper
$ 7 5.00 D. Wichser
Engineering/Survey Technician
CADD Services $60.00 H. Perry D.Nemeth J. Kneiss
J. Hernandez C. Balneau R.
Campbell
H. Nejib D. Buitrago
Senior Field Representative
(Professional) $70.00 M. Guinta S. Wetz E. Sexton
R. Bernal J. Salazar
Survey Crew
2 Man Crew $90.00 Party Chiefs - Aldrich, Brown,
3 Man Crew $115.00 Cope &
Zubko
--
GIS Specialist
Graphics Specialist
Senior Inspector J. Grogan
$65.00 L. Di Pasquale
D. Jones
G. Massinger
GPS Equipment
Equinment $30.00
2 Man Crew . . :Ii uU:UU
3 Man Crew $150.00
C:\Documents and Settings\conboy.OOO\Local Settings\Temporary lnternet Files\0LK31 \Boynton Beach Pricing- Scope B.doc
2
EXHIBIT B
URS SCOPE B
WELLFIELD DEVELOPMENT AND HYDROGEOLOGY SERVICES
City of Boynton Beach RFQ# 065-2821-03/CJD
Classification Hourly Rate Employees Identified
Senior Administrative Support
$47.50 C. Ketelhut
Administrative Support
$40.00 R. Hankins F. Montalvo
P. Fonaine P. Kline
L. Moorer J. Kennedy
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
$75.00 T. Pederson
Data Acquisition and Control Services
-..
C:\Documents and Settings\conboy.OOO\Local Settings\Temporary Internet Files\OLIGl \Boynton Beach Pricing- Scope B.doc
3
EXHIBIT B
URS SCOPE B
WELLFIELD DEVELOPMENT AND HYDROGEOLOGY SERVICES
City of Boynton Beach RFQ# 065-2821-03/CJD
Classification Hourly Rate Employees Identified
Direct Costs - Mark-up %
Office, reproduction, mailing, etc. 10%
Direct Costs - Mark-up % sub-
consul tants 5%
Legal Attorney
Permitting Support $250.00 S. Poole
Water Quality Testing
$75.00 G. Russell
(See attached list
for Lab Testing
Prices)
.. . . . .
C:\Documents and Settings\conboy.OOO\I.ocal Settings\Temporary Internet Files\OLK3I\Boynton Beach Pricing- Scope B.doc
4
EXHIBIT B
URS SCOPE C
INFRASTRUCTURE IMPROVEMENTS
City of Boynton Beach RFQ# 065-2821-03/CJD
Classification Hourly Rate Employees Identified
Project Director (Principal)
Independent Technical Reviewers $140.00 R. Giovanelli
D. Wilcox
Client Service Manager
$145.00 T. Mullin
Senior Project Manager
$125.00 R. Zuccaro
Project Engineer
$85.00 X. Houdil E. Montanez A. Lin
H.Gao A. Nunez
Senior Technical Specialists
Transportation Systems $125.00 R. Shaumugan
Water/ Wastewater B. Cooper
Senior Designer
$80.00 B.Oldford F. Sayeed C.
Thurlow
P. Tharitimanont
Designer
$70.00 P.Perry A. Malcolm
C. Barrett J. Barlett
Senior Engineer/Architect G. Wray S. Lepore
$110.00 H. Bernacki T. Baez
C Macey J.King
P. Barbieri P.Shanmugam
Engineer/Hydrogeologist(T echnical
Specialist) $70.00 M Giunta R. Bernal
..
C:\Docurnents and Settings\conboy.OOO\Local Settings\Temporary Internet Files\0lK31 \Boynton Beach Pricing- Scope C.doc
1
EXHIBIT B
URS SCOPE C
INFRASTRUCTURE IMPROVEMENTS
City of Boynton Beach RFQ# 065-2821-03/CJD
Classification Hourly Rate Employees Identified
Senior Professional Surveyor/Mapper
$95.00 E. Lindsay
Professional Surveyor/Mapper
$75.00 D. Wichser
Engineering/Survey Technician
CADD Services $60.00 H. Perry D. Nemeth J. Kneiss
J. Hernandez C. Balneau R.
Campbell
H. Nejib D. Buitrago
Senior Field Representative
(Professional) $70.00
Survey Crew
2 Man Crew $90.00 Party Chiefs - Aldrich, Brown,
3 Man Crew $115.00 Cope &
Zubko
GIS Specialist
Graphics Specialist
Senior Inspector J Grogan
$65.00 L. Di Pasquale
D. Jones
G. Massinger
GPS Equipment
Equipment $30.00
~ IVli::t.u \.-lC;;W .p ~ JV.vv .n
3 Man Crew $150.00
C:\Documents and Settings\conboy.OOO\Local Settings\Temporary Internet Files\0LK31 \Boynton Beach Pricing- Scope C.doc
2
EXHIBIT B
URS SCOPE C
INFRASTRUCTURE IMPROVEMENTS
City of Boynton Beach RFQ# 065-2821-03/CJD
Classification Hourly Rate Employees Identified
Senior Administrative Support
Public Involvement $60.00 C. Roman
Administrative Support
$40.00 R. Hankins F. Montalvo
P. F onaine P. Kline
L. Moorer
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
$25.00 T. Pederson
Data Acquisition and Control Services
I
C:\Documents and Settings\conboy.OOO\Local Settings\Temporary Internet Files\OLK3 I \Boynton Beach Pricing- Scope C.doc
3
EXHIBIT B
URS SCOPE C
INFRASTRUCTURE IMPROVEMENTS
City of Boynton Beach RFQ# 065-2821-03/CJD
Classification Hourly Rate Employees Identified
Direct Costs - Mark-up %
Office, reproduction, mailing, etc. 10%
Direct Costs - Mark-up % sub-
consultants 5%
Public Involvement Specialist
$100.00 David Burr
.. .
C:\Documents and Settings\conboy.OOO\local Settings\Temporary Internet Files\0LK31\Boynton Beach Pricing- Scope C.doc
4
The City of Boynton Beach
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6451
FAX: (561) 742-6298
Website:www.ci.boynton-beach.fl.us
Certified Letter #7004-2510-0003-1337-5575
November 29,2005
Wantman Group, Inc.
David Brobst, P .E.
2035 Vista Parkway, #100
West Palm Beach, FL 33411-2719
Dear Mr. Brobst:
We are pleased to inform you that during the commission meeting on November 15, 2005, the City
Commission approved the renewal of your consultant agreement as allowed in the agreement issued
under RFQ #065-2821-03/CJD. The City Commission also authorized the Utilities Department to
conduct negotiations for compensation rates related to consultant and or engineering services.
RFQ #065-2821-03/CJD approved your firm for one (1) scope of service:
. Scone C: Infrastructure Improvements
This approval begins the negotiation process for the City to establish contractual classification rates
and mark-up percentages for the services to be requested.
We ask that you submit your billable classification rates and mark-up percentages within the attached
schedule. In each classification please provide names of the individuals as referenced in RFQ #065-
2821-03/CJD that correspond to the classification. To facilitate our process we are asking that you
standardize your positions to meet our classifications.
America's Gateway to the Gulfstream
If your firm has additional individuals not listed in the original RFQ, please submit a resume for
our records along with any other updated information you deem appropriate.
We need a response to this letter initiating the negotiations no later than December 12, 2005. Please
direct your responses to me, Barbara Conboy, Manager, Utilities Administration. If we do not
receive a response in the allotted time, we will assume that the current rates will remain for the next
term. The City of Boynton Beach staff will evaluate the rates submitted and determine if further
negotiation is needed with individual firms.
The City of Boynton Beach looks forward to successful negotiations and continuing the process with
your firm to result in execution of a renewed Two-Year General Consulting and Engineering
Contract. Upon successful negotiations, renewed Consultant Agreements and the negotiated rates
will be submitted to City Commission for final approval.
Sincerely,
CITY OF BOYNTON BEACH
Barbara Conboy
Manager, Utilities Administration
Attachments - Current classification rate table
Blank classification rate table
cc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Procurement Services
2
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal)
Client Service Manager
Senior Project Manager
Project Engineer
Scientist
Senior Designer
Designer
Senior Engineer/Hydrogeologist
Engineer/H ydrogeologist(T echnical
Specialist)
Senior Professional Surveyor/Mapper
. .-
3
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper
Engineering/S urvey Technician
Senior Field Representative
(Professional)
Survey Crew
GIS Specialist
Graphics Specialist
Senior Inspector
GPS Equipment
Senior Administrative Support
Administrative Support
.
4
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
Aerial Photogrammetry
Computer System Analysis
Rate Study
Financial Services
Instrumentation and Control Services
Human Resource Services
Data Acquisition and Control Services
Direct Costs - Mark -up %
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub-
consultants
.. .. .
5
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification
Hourly Rate
Employees Identified
6
EXHIBIT B
Wantman Group, Inc.
RFQ #2821-065-03/CJD
Compensation Rates
11-18-03 through 11-18-05
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Project Director (Principal) $150 Joel Wantman, P.E.
President and Chief Executive Officer
with involvement in more complex
technical or administrative issues.
Client Service Manager $130 David Brobst, P .E.
P .E. with more than 25 years
experience who will be the City of
Boynton Beach's primary contact.
Senior Project Manager $120 David Wantman, P.E.
P.E. or P.S.M. with more than 15 Robin Petzold, P.S.M.
years experience who will lead
individual work assignments.
Project Engineer $85 Jeremy Botto, E.L
P.E. or E.L with an Engineering John Hall, E.I.
Degree who will complete Jimmy Richie, E.I.
assignments. Derek Schenavar, E.L
J. D. Whitaker, E.L
Scientist
N/A
Senior Designer
N/A
Designer
N/A
Senior Engineer/Hydrogeologist
N/A
-
Engineer/H ydro geo logist(T echnical
Specialist)
N/A
Senior Professional Surveyor/Mapper $110 Joe Shatto, P.S.M.
P.S.M. with more than 20 years Pat Volpe, P .S.M.
experience who will complete
Wantman Group, Inc.
2003 Rates
3
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Professional Surveyor/Mapper $85 Mitch Jarrells, P.S.M.
P.S.M. or L.I.T. with more than 5
years experience who will complete
assignments.
Engineering/Survey Technician $75 Jason Alvarez
Non-registered individual who will Joanne Brito
complete assignments. Paul Colburn
Senior Field Representative
(Professional)
N/A
Survey Crew $165 4 man crew
Field survey crew led by a party chief $130 3 man crew
than may contain one or crew $100 2 man crew
members.
GIS Specialist
N/A
Graphics Specialist
N/A
Senior Inspector $75 George Price, G.C.
Individual who does not have a degree
and who will be observing and/or
administering construction activity.
GPS Equipment
Senior Administrative Support $45 Kate Fontaine -
Administrative Support $30 Rachel TerMors
Wantman Group, Inc.
2003 Rates
4
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Paraprofessional
N/A
Aerial Photogrammetry
Will be handled as a subconsultant.
Computer System Analysis
N/A
Rate Study
N/A
Financial Services
N/A
Instrumentation and Control Services
N/A
Human Resource Services
N/A
Data Acquisition and Control Services
N/A
Direct Costs - Mark-up % 10% .-
Office, reproduction, mailing, etc.
Direct Costs - Mark-up % sub- 10% Stephen Boruff, Inc
consultants Land Design South, Inc.
Smith Engineering Consultants
Tierr::l Tn~
Bridge Design Associates, Inc.
Wantman Group, Inc.
2003 Rates
5
EXHIBIT B
PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH
CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED
Classification Hourly Rate Employees Identified
Senior Project Engineer $100 Jerry Saval. P.E.
P.E. or P.S.M. with more than 10 Gary Williams, P.E.
years experience who will lead
individual work assignments.
Utility Locates "Soft Dig" $180 N/A
>~
Wantman Group, Inc.
2003 Rates
6
.,
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.6.
Requested City Date Final Form Must be
Commission Meetinq Dates Turned in to City Clerk's Office
Requested City Commission Date Final Form Must be
Meetinq Dates Turned in to City Clerk's Office
D December 6, 2005 November 14, 2005 (Noon.) 0 February 7, 2006 January 17, 2006 (Noon)
0 December 20, 2005 December 5, 2005 (Noon) [8J February 21, 2006 February 6, 2006 (Noon)
0 January 3, 2006 December 19, 2005 (Noon) D March 7, 2006 February 21, 2006 (Noon)
D January 17, 2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon) 'I
-"
171
'.7:]
>'. ,J_-.j
, .
"
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM [8J Public Hearing 0 Legal
D Bids 0 Unfinished Business
0 Announcement D Presentation
D City Manager's Report
(U
c.-~,
.....,...}
L)
;-1
'1-1eD
:::; rl'~i
.)"";.>
;.,(-,
::J
RECOMMENDATION: That Commission approves Resolution 06-_ for a Special Warranty Deed conveying
title to Thomas Pearson for:
Lot 167, Block B, the Plat of Boynton Hills, as recorded in Plat Book 4, Page 51, according to
the Public Records of Palm Beach County, Florida.
EXPLANATION: Mr. Pearson, a SHIP applicant, has been pre-approved for a mortgage from a local lender
as a participant in the City's SHIP Construction Program. He has been qualified with moderate income and has
selected a city-owned lot to build a single-family dwelling.
PROGRAM IMPACT: A new single-family dwelling will be added to a neighborhood located within the City's
target area. Upon approval, this would enable vacant property to become a part of the neighboring homes,
assisting in the elimination of slum and blight.
FISCAL IMPACT:
homestead exemption.
Taxable value added to the City of Boynton Beach of approximately $231,340.00, less
ALTERNATIVES:
,
~~
City Manager's Signature
Department of Development
Community Improvement Division
Department Name
City Attorney / Finance / Human Resources
S:\Community Improvement\Agenda Requests\2006\CC2-21 Lot Pearson.doc
III1IIIII1I1I11111111I
County Deed
Florida Statute Section 126.411
CFN 20040617889
OR BK 17703 PG 1362
RECORDED 10129/2884 12:30:84
P.1. a..ah County, Florida
Dorothy H V11k.n, Clerk of Court
Pg 1362J Clpgl
RETURN TO:
STEVEN K. SCHLAMP
PALM BEACH COUNTY FACIL. DEVEL. & OPER. DEPT.
PROPERTY & REAL E TE MANAGEMENT DIVISION
3323 BelVEDERE RO , IlDtNG 603
WEST PALM B~ 1648
PARCEL CONTROy"l::!.! : OS-43-45-21-ll7-o02-1600 R 2 0 0 4'" 2 06 9
\'
\...:/)) 0 COUNTY DEED
~~'(Q\
THIS dEE6, ma~e OCT B 5 . , by PALM BEACH COUNTY,
a political subdivision pf...tjt.e'-State of Florida, whose legal mailing address is 301 North Olive
Avenue. West Palm ~~ Florida 33401-4791, party of the first part, and the CITY OF
BOYNTON BEACH, a ~.dlCipal corporation, whose legal mailing address is 100 E. Boynton
Beach Boulevard, P.O. BOX~BOynton Beach, FL 33425, party of the second part.
'r?
WIT N E S S ~~\I"hat the said party of the first part, for an in consideration of
the sum of Ten and 00/100 ($1W.f!'j. liars to it in hand paid by the party of the second part, the
receipt whereof is hereby ackno ed, has granted, bargained and sold to the party of the
second part, its successors and a sig~ forever, the following described land lying and being In
Palm Beach County, Florida: ~)
BOYNTON HillS LT 160 & W)l,61 , 162,166 & 167 BlK B. THE ABOVE
BEING THE REAL PROPERtY,~ISCRIBED UNDER TAX CERTIFICATE
NUMBER 14450 IN THE TAX m RECORDED IN OFFICIAL RECORD
BOOK 16858, PAGE 1301, PUBL: . . CORDS OF PALM BEACH COUNTY,
FLORIDA. ~l 0
Reserving, however, unto party of the first pa~~9~ssors and assigns an undivided three-
fourths interest in, and title in and to an undivid&d'tf.lree-fourths interest in, all the phosphate,
minerals, and metals that are or may be in, on, or ~.ae.r-~the said land and an undivided one-half
interest in all petroleum that is or may be in, on~~nder said land. The aforementioned
reservation of phosphate, mineral, metals and petroleyt;l~ shall not include and party of the
first part hereby expressly releases any and all rights o~ftry and rights of exploration relating to
such phosphate, mineral, metals and petroleum rights. (,.;~
\! "
IN WITNESS WHEREOF, the said party of the f'~fPflrt has caused these presents
to executed in its name by its Board of County Commiss~~-$~cting by the Chair or Vice
Chairman of said Board, the day and year aforesaid. ~/(---'))
~Z
ATTEST: PALM BEACH COUNTY@~A, a
Political Subdivision of the5tate of Florida
DOROTHY H. WILKEN, Clerk
~""".aQ~R
......."~1 Y . "\'11
By: ff"'~~"''''~i? '1"1
it!;! q~~ ~ \ n. Marcus, Chair
~ : COUNTY :~Ji
\:fj... !:lORIO~ ....~FICIAL SEAL)
II, 0 .... .... -6.:
APPROVED AS TO FORM "'III,f., ....*... ,..J,.--F
AND LEGAL SUFFICIENCY '\\"""""...'
Book17703/Page1362
Page 1 of 1
~....... .. . .
. Recorded in Palm Beach County 04/261200412:14:47 PM Dorothy H. Wilken
O.R. BKlPG 16858/1301 20040229566 AMT 15,889.67 Doc Stamp .00
t~
n....~\ ~ .
~ . <C~\
~~.~~~ TAX DEED
Dorothy H. Wllke <V~~<?) 0
Clerk r /1")
STATE OF FLORID @.\
COUNTY OF PALM BEACH 1'-. 0
~'/:"
The following Tax Sale ~ umbered 14450 issued on Jllll 01, 1991 was filed on the Office of the Tax Collector of this
County and application made for . is~ of a tax deed, the applicant having paid or redeemed all other taxes or tax sale
certificates on the land descnbed as by law to be paid or redeemed, and the costs IIDd expenses of this sale, and due notice
of sale having been published as aw, IIDd no person entitled to do so having appeared to redeem said land; such land
was on the 19th day of March, 19970 ,e as required by law for cash to the highest bidder IIDd was sold to:
BOARD OF COUNTY COMMlSsroNERS . P !l.\ COUNlY
ADDRESS: '-:;!:-::?
CfOPROPERTY REALESTA TE MANAGEMENT \...s
3323 BELEVEDERE ROAD BUXl S03 ~
WBSTPA.LMBEACH;Ft3~~ (~).
being the highest bidder and having paid the:~~ id as required by the Laws of Florida.
NOW, this 26th day of April, 2004 the Coun~ofP h, State of Florida, in consideration of the sum of
($ 15,889.67) FIFTEEN mOUSAND EIGHT IGHTY NINE AND 67 /lOO-Dollars, being the amollllt paid
pursuant of the Laws of Florida does hereby sell the fo ~ situated in the County and State and described as follows:
BOYNTON HILLS ( l.'~'/" .
LT 160 & LTS 161. 162, 166 & 167 BLKB . ~ \;:.s~~
V/"l'
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:;/ ,.....1o.+ERK OF THE CIRCUIT COURT (~ \~
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STATE OF FLORIDA '-'..,@~.
COUNTY OF PALM BEACH ~.;;:() )
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On this 26th day of April, 2004 before me CYNTHIA L OZIROS personally appeared susAN'AIu.MA.N a Deputy Clerk for Clerk
of the Circuit Court in and for the State and this County known to me to be the person de~-;ho executed the foregoing
instrument, and acknowledged the execution of this instrume be her own free act and deed for the use and purpose therein
mentioned, who is personally known to me IIDd who did no an oath.
Witness my hand and official seal date aforesaid.
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LJJ.Y.i~ONZ i11i'V J.P'A1.~O_.Llf9lcY .f5;/O
Ug.'U""I,_ __,_ ____
NO. 4965908
NOTICE OF INTENTTO
SELL REAL PROPERTY
NOTICE IS HEREBY GIVEN
that the City of Boynton
Beach, Florida has (Jeter-
, mined to sell the fOllowing
described property: . ~
Lot 167, BlockB, the Plat of
Boynton Hitls, as recorded
in Plat aQo!< 4, Pag~ 51,
accordlhg_to th~ Public
Record~otRalmBeach .
,COYntyLf'lqqg~.,'.-, ...;'....1....
rhft~.a'~,.9.~,pr~f,ty.d~lA~
. >PJJbliC.,PUlpOS,&,JlIiWiWlQ,Ua.
an agreement entered into
between the City of Boyn-
ton Beach and Thomas
Pearson. Further informa-
tion, as is available, may be
obtained from Community
Improvem~ntin the West
. Wing of C!ty -Hafl, located'st
;~ 00'1E~':'8i!)ynto n'i"~WaC1l
Blvd.; BoyntonBeach, FL
33435" Th'eCit'YCommis-
sion of the City of Boynton
Beach shan Hold a public
hearing on the proposed
sale at their regular .City
Commission meeting Feb-
ruary 21, 2006 at 6:30 p.m.
in Commission Chambers,
City Hall. Contact Octavia S.
I Sherrod at 742-6066.
, PUB: The Palm Beach Post
I January 22, 2006
r r
1 RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING THE MAYOR AND CITY CLERK TO
6 EXECUTE A SPECIAL WARRANTY DEED BETWEEN
7 THE CITY OF BOYNTON BEACH AND THOMAS
8 PEARSON, A PARTICIPANT IN THE CITY'S SHIP
9 CONSTRUCTION PROGRAM; AND PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS, Thomas Pearson has been approved for a mortgage from a local lender
13 as a participant in the City's SHIP Construction Program, and has selected a City owned lot to
14 build a single-family dwelling to reside in Boynton Beach; and
15 WHEREAS, a new single-family dwelling will be added to a neighborhood located
16 within the City's target area; and
17 WHEREAS, the Commission upon recommendation of staff, has deemed it to be in
18 the best interests of the citizens and residents of the City to execute a Special Warranty Deed
19: between the City of Boynton Beach and Thomas Pearson conveying title for the lot described
20 as follows:
21 Lot 167, Block B, the Plat of Boynton Hills, as recorded in Plat Book
22 4, Page 51, according to the Public Records of Palm Beach County,
23 Florida.
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
28 as being true and correct and are hereby made a specific part of this Resolution upon
29 adoption.
S:\CA\RESO\Real Estate\Reso for Special Warranty Deed - Thomas Pearson.doc
II
Section 2.
The City Commission of the City of Boynton Beach, Florida does
2 hereby authorize and direct the Mayor and City Clerk to grant conveyance by Special
3 Warranty Deed to Thomas Pearson.
4
Section 3.
This Resolution shall become effective immediately upon passage.
5 PASSED AND ADOPTED this _ day of February, 2006.
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10 Mayor
11
12
13 Vice Mayor
14
15
16 Commissioner
17
18
19 Commissioner
20
21
22 Commissioner
23
24 ATTEST:
25
26
27
28 City Clerk
29
30 (Corporate Seal)
31
32
33
34
35
36
S:\CA\RESO\Real Estate\Reso for Special Warranty Deed - Thomas Pearson.doc
THIS INSTRUMENT WAS PREPARED BY:
JAMES A. CHEROF, ESQUIRE
P.O. Box 310
Boynton Beach, FL 33425
SPECIAL WARRANTY DEED
THIS INDENTURE, made this
day of February, 2006, between THE CITY OF
BOYNTON BEACH, FLORIDA, a municipal corporation, (hereinafter referred to as "Grantor")
and Thomas Pearson, a single man, whose address is
Florida
(hereinafter referred to as "Grantee").
WIT N ESE T H:
That said Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS, and
other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is
hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's heirs and
assigns forever, the following described land, situate, lying and being in Palm Beach County,
Florida, to wit:
Lot 167, Block B, the Plat of BOYNTON HILLS, as
recorded in Plat Book 4, Page 51, according to the Public
Records of Palm Beach County, Florida.
Together with all tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
To have and to hold, the same in fee simple forever.
And the Grantor hereby covenants with said Grantee that Grantor is lawfully seized of
said land in fee simple, that Grantor has good right and lawful authority to sell and convey said
land, that Grantor hereby fully warrants the title to said land and will defend the same against the
lawful claims of all persons claiming by, through or under Grantor, but against none other.
S:\CA\Departments\Community Redev\Special Deed -Thomas Pearson.doc
Page 1
IN WITNESS WHEREOF, Grantor has caused this Deed to be executed by its duly
authorized officer the day and year first above written.
Signed, sealed and delivered
In our presence:
Witnesses:
CITY OF BOYNTON BEACH
Signature
By:
Jerry Taylor, Mayor
Attest:
(Type or print name)
(City Seal)
City Clerk
Signature
Approved as to Form:
(Type or print name)
City Attorney
STATE OF FLORIDA )
) ss.:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _ day of February, 2006,
by Jerry Taylor, as Mayor of THE CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation, on behalf of the corporation, who is personally known to me, and who did not take
an oath.
My Commission Expires:
NOTARY PUBLIC
(Type or print name)
S:\CA\Departments\Community Redev\Special Deed -Thomas Pearson. doc
Page 2
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.7.
AGENDA ITEM REQUEST FORlVl.
~,
-j
t ~, J r :
~< ....
..... 'J
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
0 December 6, 2005 November 14,2005 (Noon) 0 February 7, 2006 January 17,2006 (Noon)
0 December 20, 2005 December 5, 2005 (Noon) ~ February 21, 2006 February 6, 2006 (Noon)
0 January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon)
0 January 17,2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF IZl Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Approve and execute via a resolution the agreement between Palm Beach County and the City to
provide funding to offset the cost of competition expenses for participants in the Recreation and Parks All-Star Cheerleading
Program. The funding, in the amount $2,500, is made available from the County's Recreation Assistance Program (RAP)
District 7.
EXPLANATION: The Recreation and Parks Department organizes this competitive cheerleading program which consists of
two squads. The program helps to promote self-confidence, integrity and responsibility. Youth between the ages of 6 - 15
are eligible to participate in the program. The participants represent the City of Boynton Beach in various local, regional,
state and possibly nationwide competitions. County Commissioner Addie Greene has authorized the allocation RAP funding
for this purpose.
PROGRAM IMP ACT: The program helps to promote self-confidence, integrity and responsibility. Youth are also taught
skills that qualify them to participate in competitive cheerleading competitions. Last year's squad was spotlighted on national
television. Their accomplishments from last years season brought notoriety to the City of Boynton Beach.
FISCAL IMP ACT: Expenses for the program are covered through the Recreation and Parks Program Revenue Fund
contributions from sponsors, various fundraisers and local supporters.
ALTERNATIVES: Do not execute the agreement
~ ~...#~k
Department Head's Si#ature
Recreation & Parks
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
Department of
Parks and Recreation
2700 6th Avenue South
Lake Worth. FL 33461
(561) 966-6600
FAX: (561) 963.6747
www.pbcgov.com
.
Palm Beach County
Board of County
Commissioners
Tony Masilotti. Chairman
jdie L. Greene. Vice Chairperso.n
Karen T. Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
"tin Equal Opportunity
I\ffirmative Action Employer"
@ printed on recycled paper
January 24, 2006
Mary L. DeGraffenreidt, Recreation Manager
City of Boynton Beach
1901 North Seacrest Boulevard
Boynton Beach, FL 33435
RE: PALM BEACH COUNTY RECREATION ASSISTANCE PROGRAM
(RAP): FUNDING AGREEMENT FOR BOYNTON BEACH
CHEERLEADER PROGRAM
Dear Ms. DeGraffenreidt:
Attached for execution on behalf of the City of Boynton Beach is an
Agreement in an amount up to $2,500 to help offset costs for the Boynton
Beach Cheerleader Program. This funding is from the Recreation Assistance
Program (RAP) District 7.
The Project reimbursement period is from March 7, 2005, to April 22, 2006,
and all expenses to be reimbursed must be incurred within that time frame.
Expenses eligible for reimbursement. include competition costs,
transportation, lodging, food, uniform cleaning, cd player, cd's, and makeup.
Please obtain signature of this Agreement on behalf of the City of Boynton
Beach as soon as possible and return both originals to me for placement on
the agenda for approval the Board of County Commissioners. Leave Exhibit
B to the Agreement blank at this time.
If you have any questions on the Agreement, you may contact Susan Yinger,
Administrative Support Manager, at 966-6653. On behalf of Commissioner
Addie L. Greene and the Board of County Commissioners, we are pleased to
again assist Boynton Beach with costs for the competitive cheerleading
program.
DLE:SWY
Attachments - Two RAP Agreements for Execution and Return
Copy to:
Commissioner Addie L. Greene, District 7
Recreation Assistance Program (RAP)
Exhibit "A" to Agreement
BACKGROUND INFORMATION
Name and address of Municipality:
Name of Municipality: City of Boynton Beach
Mailing Address: 100 East Boynton Beach Blvd. - P.O. Box 310
Boynton Beach, FL 33425
(
Name of Mayor:
Mr. Jerry Taylor
Name of City Manager:
Mr. Kurt Bressner
project!project Liaison Information: Boynton Beach Allstar Cheerleaders
Name: Mary L. DeGraffenreidt
Telephone #: (561) 742-6553
Fax #:(561) 364-4079
e-mail: Degraffenreidtm@ci.boynton-beach.fl.us
PROJECT/PROGRAM INFORMATION
1. Name of Project/Program: Boynton Beach Cheerleaders
2. Project! Program Description
· General (Project Scope): The Recreation & Parks Department organizes
this competitive cheer leading program. The program helps to promote self-
confidence, integrity and responsibilitY. Youth between the ages of 4-15
are eligible to participate. Participants will represent the City of
Boynton Beach in various local, statewide and possibly nationwide competitions.
· Public Purpose: The purpose of the Boynton Beach Allstar Cheerleaders is
to expose youth to competitive cheer leading and the opportunity of obtaining a
scholarship for college.
. Location: Ezell Hester Jr. Community Center
1901 North Seacrest Blvd.
Boynton Beach, FL 33435
· Anticipated Number of Participants/Users:
There are 23 Junior Cheerleaders/Ages: 10-15
There are 21 Pee Wee Cheerleaders/Ages: 4-9
EXHIBIT A
Page 1 of 2
3. Project/Program Elements: List anticipated broad categories of
Expenditure Items such as capital outlay, contractual services, personnel
costs, operational expenses, equipment, and "Other Miscellaneous
Project/Program expenses". Do not include expenditure line item budoet/
amounts.
Competition Cost (2) Teams - (7) Competitions
Transportation------------------------------------- !
Lodging--------------------------------------------
Food-----------------------------------------------
Uniform Cleaning-----------------------------------
. CD Player----------------------------,..------------- '
CD's----------------------------------------------- :
Makeup----------------~-~-------------~------------ I
4.
Estimated Lump Sum Total for Project/Program
$ 27 ,851. 85
5. Project/Program Initiation date (date of first invoice for which
reimbursement will . be requested) and End date (date which
project/program will be completed and al! invoices paid). This will become
the project t!me frame. 03/07/05 to 04/22/06 . ..
month/day/year month/day/year
Note: Invoices and. copies of proof of payment documents are required for
Project/Program reimbursement. All invoices arid checks must be dated within
the stated project/program time frame AND Categories for Project/Program
Elements must be listed in Section 3 above in order to be eligible for RAP
reimbursement.
6. Required Attachments:
Certificate of Insurance x
Amount of Recreation Assistance Program Funding awarded
$ 2.500
District 7
(filled in by County)
Form available online by request. Contact Susan Yinger at svinqer@ obCQov.com
EXHIBIT A
Page 2 of 2
AGREEMENT BETWEEN PALM BEACH COUNTY AND
THE CITY OF BOYNTON BEACH FOR FUNDING OF THE BOYNTON BEACH
COMPETITIVE CHEERLEADING PROGRAM
THIS AGREEMENT is made and entered into on
, by and between Palm
Beach County, a political subdivision of the State of Florida, hereinafter referred to as
"County", and the City of Boynton Beach, a Florida Municipal Corporation, hereinafter
referred to as "Boynton Beach".
WIT N E SSE T H:
WHEREAS, Boynton Beach's Recreation Department organizes a competitive
cheerleading program that helps to promote self-confidence, integrity, and responsibility in
participants; and
WHEREAS, over forty (40) youth from ages four (4) through fifteen (15) participate
in the Boynton Beach competitive cheerleading program annually; and
WHEREAS, the Boynton Beach competitive cheerleaders represent the City of
Boynton Beach in various local and statewide competitions; and
WHEREAS, the 2005-2006 budget for the competitive cheerleading program is
approximately $27,850 for competition costs, transportation, lodging, food, uniform
cleaning, cd player, cd's, and makeup; and
WHEREAS, Boynton Beach has requested from County an amount not to exceed
$2,500 to help offset costs for the competitive cheerleader program; and
WHEREAS, County desires to provide funding to help offset costs for the
competitive cheerleader program; and
WHEREAS, funding for said program in an amount not to exceed $2,500 is
available from the Recreation Assistance Program (RAP) - District 7; and
WHEREAS, Boynton Beach's recreational programs are deemed to serve a public
purpose; and
WHEREAS, both parties desire to enter into this Agreement.
NOW THEREFORE, in consideration of the covenants and promises contained
herein, the parties hereby agree to the following terms and conditions:
1. County agrees to fund an amount not to exceed $2,500 to Boynton Beach for the
competitive cheerleading program for competition costs, transportation, lodging, food,
uniform cleaning, cd player, cd's, and makeup, as set forth in Exhibit "A", attached hereto
and incorporated herein, hereinafter referred to as the "Project".
2. County will use its best efforts to provide said funds to Boynton Beach on a
reimbursement basis within forty-five (45) days of receipt of the following information:
a. A written statement that the Project, as specified herein, was carried out in
accordance with this Agreement; and
b. A Contract Payment Request Form and a Contractual Services Purchases
Schedule Form, attached hereto and made a part hereof as Exhibit "B", which are required
for each and every reimbursement requested by Boynton Beach. Said information shall list
each invoice paid by Boynton Beach and shall include the vendor invoice number; invoice
date; and the amount paid by Boynton Beach along with the number and date of the
respective check or proof of payment for said payment. Boynton Beach shall attach a copy
of each vendor invoice paid by Boynton Beach along with a copy of the respective check or
proof of payment and shall make reference thereof to the applicable item listed on the
Contractual Services Purchases Schedule. Further, Boynton Beach's Program
Administrator and Project Financial Officer shall certify the total funds spent by Boynton
Beach on the Project and shall also certify that each vendor invoice, as listed on the
Contractual Services Purchases Schedule was paid by Boynton Beach and approved by
Boynton Beach as indicated.
3. Boynton Beach incurred expenses for the Project beginning on March 7, 2005.
Those costs incurred by Boynton Beach for the Project, approved and submitted
accordingly by Boynton Beach subsequent to March 7, 2005, are eligible for
reimbursement by County pursuant to the terms and conditions hereof.
4. RAP funds may be used as a match for other local, state, or federal grant
programs, but Boynton Beach may not submit reimbursement requests for the same
expenses to the County as other fund sources to receive duplicate reimbursement for the
same expenses.
5. Boynton Beach agrees, warrants, and represents that all of the employees and
participants in the Project will be treated equally during employment, and for the provision
of services without regard to residency, race, color, religion, disability, sex, age, national
origin, ancestry, marital status, or sexual orientation.
2
6. Boynton Beach shall be responsible for all costs of operation and maintenance of
the Project.
7. The term of this Agreement shall be until April 22, 2006, commencing upon the
date of execution by the parties hereto.
8. The parties agree that, in the event Boynton Beach is in default of its obligations
under this Agreement, the County shall provide Boynton Beach thirty (30) days written
notice to cure the default. In the event Boynton Beach fails to cure the default within the
thirty (30) day cure period, the County shall have no further obligation to honor
reimbursement requests submitted by Boynton Beach for the Project deemed to be in
default and Boynton Beach shall return any County RAP funds already collected by
Boynton Beach for the Project.
9. Notwithstanding any provision of this Agreement to the contrary, this Agreement
may be terminated by the County, without cause, upon thirty (30) days prior written notice
to the other party. This Agreement may be terminated by the County with cause, upon
expiration of the thirty (30) day cure period provided for in Section 8 above.
10. Boynton Beach shall complete the Project and shall provide its final
reimbursement request(s) and final accounting data to County for the completed project on
or before April 22, 2006. Upon written notification to County at least ninety (90) days prior
to that date, Boynton Beach may request an extension beyond this period for the purpose
of completing the Project. County shall not unreasonably deny Boynton Beach's request for
said extension.
11. In the event Boynton Beach ceases to exist, or ceases or suspends the Project
for any reason, any remaining unpaid portion of the Agreement shall be retained by
County, and County shall have no further obligation to honor reimbursement requests
submitted by Boynton Beach. The determination that Boynton Beach has ceased or
suspended the Project shall be made by County and Boynton Beach agrees to be bound
by County's determination.
12. Boynton Beach agrees to abide by, and be governed by, all applicable federal,
state, county, and municipal laws, including but not limited to, Palm Beach County's
ordinances, as said laws and ordinances exist and are amended from time to time. In
3
entering into this Agreement, Palm Beach County does not waive the requirements of any
County or local ordinance or the requirements of obtaining any permits or licenses normally
required to conduct business or activity conducted by Boynton Beach. Failure to comply
may result in County's refusal to honor reimbursement requests for the Project.
13. County reserves the right to withhold reimbursement if the Project is not
completed as specified in Exhibit "A".
14. It is understood and agreed that Boynton Beach is merely a recipient of County
funding and is an independent contractor and is not an agent, servant or employee of
County or its Board of County Commissioners. It is further acknowledged that the County
only contributes funding under this Agreement and operates no control over the Project. To
the extent permitted by law and without waiving the right to sovereign immunity as provided
by Section 768.28, Florida Statutes, in the event a claim or lawsuit is brought against
County or any of its officers, agents or employees, Boynton Beach shall indemnify, save
and hold harmless and defend the County, its officers, agents, and/or employees from and
against any and all claims, liabilities, losses, judgments, and/or causes of action of any
type arising out of or relating to any act or omission of Boynton Beach, its agents, servants
and/or employees in the performance of this Agreement. The foregoing indemnification
shall survive termination of this Agreement.
In consideration for reimbursement of costs incurred prior to the term of this
Agreement, the foregoing indemnification shall apply not only during the term of this
Agreement but also for the period prior to the Agreement for which Boynton Beach is
eligible to receive reimbursement from the County.
15. Without waiving the right to sovereign immunity as provided by Section 768.28,
Florida Statutes, Boynton Beach acknowledges to be self-insured for General Liability and
Automobile Liability under Florida sovereign immunity statutes with coverage limits of
$100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that
may change and be set forth by the legislature.
In the event Boynton Beach maintains third-party commercial General Liability and
Business Auto Liability in lieu of exclusive reliance on self-insurance under Section 768.28,
Florida Statutes, Boynton Beach shall agree to maintain said insurance policies at limits not
4
less than $500,000 combined single limit for bodily injury or property damage.
Boynton Beach agrees to maintain or to be self-insured for Worker's Compensation
& Employer's Liability insurance in accordance with Florida Statutes 440.
Prior to execution of this Agreement by the County, Boynton Beach shall deliver to
the County an affidavit or Certificate of Insurance evidencing insurance, self-insurance,
and/or sovereign immunity status, which County agrees to recognize as acceptable for the
above mentioned coverages. Certificate holder's address shall read Palm Beach County,
c/o Parks and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL 33461,
Attention: Administrative Support Manager.
Compliance with the foregoing requirements shall not relieve Boynton Beach of its
liability and obligations under this Agreement.
16. Upon request by County, Boynton Beach shall demonstrate financial
accountability through the submission of acceptable financial audits performed by an
independent auditor.
17. Boynton Beach shall maintain books, records, documents and other evidence
that sufficiently and properly reflect all costs of any nature expended in the performance of
this Agreement for a period of not less than five (5) years. Upon advance notice to
Boynton Beach, County shall have the right to inspect and audit said books, records,
documents and other evidence during normal business hours.
18. The County and Boynton Beach may pursue any and all actions available under
law to enforce this Agreement including, but not limited to, actions arising from the breach
of any provision set forth herein.
19. This Agreement shall be governed by the laws of the State of Florida and any
and all legal action necessary to enforce this Agreement shall be held in Palm Beach
County.
20. As provided in Section 287.132-133, Florida Statutes, by entering into this
Agreement or performing any work in furtherance hereof, Boynton Beach certifies that it, its
affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not
been placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the thirty six (36) months immediately preceding the date
5
hereof. This notice is required by Section 287.133 (3) (a), Florida Statutes.
21. This Agreement represents the entire agreement between the parties and
supersedes all other negotiations, representations, or agreements, either written or oral,
relating to this Agreement. The Agreement may be modified and amended only by written
instrument executed by the parties hereto.
22. Any notice given pursuant to the terms of this Agreement shall be in writing and
hand delivered or sent by U.S. mail. All notices shall be addressed to the following:
As to the County:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth, Florida 33461
As to Boynton Beach:
City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
23. This Agreement is made solely and specifically among and for the benefit of the
parties hereto, and no other person shall have any rights, interest, or claims hereunder or
be entitled to any benefits under or on account of this Agreement as a third-party
beneficiary or otherwise.
IN WITNESS WHEREOF, the undersigned parties have signed this
Agreement on the date first above written.
ATTEST:
SHARON R. BOCK, Clerk &
Comptroller
By:
Deputy Clerk
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By
Tony Masilotti, Chairman
ATTEST:
By:
Deputy Clerk
CITY OF BOYNTON BEACH
By:
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO TERMS AND CONDITIONS:
By:
By:
County Attorney
Dennis L. Eshleman, Director
Parks and Recreation Department
6
/..~iC.ifC~.
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PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
EXHIBIT B
CONTRACT PAYMENT REQUEST
Date
Grantee
Project Name:
Submission #:
Reimbursement Period:
Cumulative
Project Costs
Item
~
Project Costs
This Submission
Contractual Services
(C)
Salary & Wages (% of salaries)
(S)
Materials, Supplies, Direct Purchases
(M)
Equipment
(E)
Travel
(T)
Indirect Costs
(I)
TOTAL PROJECT COSTS
Kev Leqend
C = Contractual Services
S = Salary & Wages
M = Materials, Supplies, Direct Purchases
E = Equipment
T = Travel
I = Indirect Costs
Certification: I hereby certify that the above
expenses were incurred for the work identified as
being accomplished in the attached progress
reports.
Certification: I hereby certify that the documentation has
been maintained as required to support the project
expenses reported above and is available for audit upon
request.
Administrator
Date
Financial Officer
Date
PSC USE ONLY
County Funding Participation
$
Total Project Costs To Date:
$
County Obligation To Date
$
County Retainage (_ %)
$
County Funds Previously Disbursed
$
County Funds Due this Billing
$
Reviewed and Approved By:
PBC Project Administrator
Date
Department Director
Date
G:\SYINGER\FORMS\3 Pg - Exhibit B.xls
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlV
VI.-CONSENT AGENDA
ITEM C.8
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D December 6,2005
D December 20, 2005
D January 3, 2006
D January 17, 2006
December 5, 2005 (Noon)
D February 7, 2006
r8J February 21, 2006
D March 7, 2006
D March 21, 2006
January 17,2006 (Noon)
November 14,2005 (Noon.)
February 6, 2006 (Noon)
December 19, 2005 (Noon)
February 21,2006 (Noon)
January 3, 2006 (Noon)
March 6, 2006 (Noon)
NA TURE OF
AGENDA ITEM
D
r8J
D
D
D
D
Administrative
Consent Agenda
Public Hearing
Bids
Announcement
City Manager's Report
D
D
D
D
D
Development Plans
New Business
Legal
Unfinished Business
Presentation
~') --i
c_
RECOMMENDATION:
Motion to approve agreement for technical support between the City of Boynton Beach and the Community Red~~lop~
Agency (CRA).. :.c:.
(,)
r.'.-:;,
C,'? _,.; rn
EXPLANATION: - ,~0
This agreement retains the I.T.S. Department to provide the CRA with technical services in connection with the '4ay-to~~
governmental operations of the CRA. All materials, equipment, and supplies necessary for I.T.S. to perform said serviceS-
shall be the responsibility of CRA. This agreement shall be for an initial term of three (3) years and may be renewed by the
parties for two (2) additional three (3) year terms.
PROGRAM IMPACT:
.:. CRA will benefit from lower technical support cost by utilizing existing city I.T.S. resources vs. vendors.
.:. CRA will benefit from lower license cost by utilizing the city's enterprise agreement for software licenses and
maintenance.
.:. CRA will have the ability to backup and restore data stored on the city's network.
.:. CRA will benefit from a secure network connection with high bandwidth to the city's network for GIS and e-mail.
.:. The City of Boynton Beach will be able to recoup funds paid for yearly maintenance on virus protection and other
software licensing fees.
.:. CRA and the City of Boynton Beach will benefit from meeting coordination, information access, sharing, and
coordination of resources via the city's e-mail system.
.:. CRA will benefit from having access to city's GIS database and layers.
FISCAL IMPACT:
I.T.S. shall be paid the sum of Eighteen Thousand ($18,000.00) Dollars for the first year of this Agreement. Annual payments
to I.T.S. shall increase by three (3%) percent for each year this agreement is renewed, said increase to be effective on October
1 st each year.
ALTERNATIVES:
Tho eRA ~out'i 0""" ~ vondo" ~' tho;, teehnology noed,.
Pete allace
Dir tor of I.T.S.
~
City Manager's Signature
City Attorney / Finance / Human Resources
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC
AGREEMENT
TECHNICAL SUPPORT
THIS AGREEMENT, made and entered into this _ day of
by and between:
,2006,
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF BOYNTON BEACH, FLORIDA, a public agency, having the
address, 639 East Ocean Avenue, Suite 107, Boynton Beach,
Florida 33435 (hereinafter referred to as "CRA"),
and
CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation, on behalf of its Information Technology Services
Department, having the address, 100 East Boynton Beach
Boulevard, Boynton Beach, Florida 33435 (hereinafter referred to
as "ITS").
WHEREAS, at its meeting of , 2006, the City of Boynton Beach approved
entering into this Agreement with the CRA, providing for the provision of technical support
services by ITS to the CRA; and
WHEREAS, at its meeting of
Agreement with ITS; and
, 2006, the CRA approved entering into an
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and conditions
herein expressed and of the faithful performance of all such covenants and conditions, CRA and
ITS do mutually agree as follows:
1. PROJECT DESIGNATION. ITS is retained by the CRA to perform computer technical
services in connection with the day-to-day governmental operations of the CRA.
2. SCOPE OF SERVICES. ITS agrees to perform the services, identified in the document,
entitled, "Client Agreement and Conditions for CRA Technical Services," which is
attached hereto and made a part hereof as Exhibit "A" on the "CRA Hardware and
Software Inventory" which is attached hereto and made a part hereof as Exhibit "B". All
materials, equipment, and supplies necessary for ITS to perform said services shall be the
responsibility of CRA. CRA shall use its best efforts in cooperating with ITS in providing
the information and documentation necessary to ITS in the performance of the Technical
Services under this Agreement.
eRA Technical Services
Rev. 11-06-02
3. TERM. Work under this Agreement shall commence upon the giving of written notice
by the CRA to ITS to proceed ("Effective Date"). This Agreement shall be for an initial
term of three (3) years and may be renewed by the parties for two (2) additional three (3)
year terms. This Agreement shall terminate upon mutual agreement of the parties hereto
or upon thirty (30) days written notice of intent to terminate from one party to the other.
4. PAYMENT. ITS shall be paid by the CRA for services rendered under this Agreement
as follows:
a. ITS shall be paid the sum of Eighteen Thousand ($18,000.00) Dollars for the first
year of this Agreement.
b. CRA shall pay the annual amount owed to ITS, in four equal installments at the
beginning of each quarter. The first quarter shall begin on the October I, 2006
c. The annual payment to ITS shall increase by three (3%) percent for each year
during the term of the agreement and any renewal terms. Said increase shall be
effective upon commencement of each fiscal year - October.
d. Payment as provided in this section shall be full compensation for work
performed, services rendered.
e. The parties agree that should the demands on ITS increase as a result of additional
work stations, additional employees of the CRA, or changes to the CRA Hardware
and Software Inventory, the CRA and ITS shall renegotiate the annual fee paid
under this Agreement upon receipt of a written request from ITS to renegotiate.
5. COMPLIANCE WITH LAWS. ITS agrees to perform the services contemplated by
this Agreement, and faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
Agreement.
6. INDEMNIFICATION. Each party agrees to be responsible for its own acts, omissions,
and negligence, and the acts, omissions, and negligence of their respective employees,
agents, and servants. Nothing in this Agreement is intended to be construed as a waiver
of the protections, limitations, and immunities afforded the parties pursuant to Section
768.28, Florida Statutes.
2
eRA Technical Services
Rev. 11-06-02
7. INDEPENDENT CONTRACTOR STATUS.
a. ITS and its employees, subcontractors, volunteers and agents, shall be and remain
independent contractors and not agents or employees of CRA with respect to all of the
acts and services performed by and under the terms of this Agreement. This Agreement
shall not in any way be construed to create a partnership, association or any other kind of
joint undertaking or venture between the parties hereto.
b. CRA will not be responsible for reporting or paying employment taxes or other
similar levies which may be required by the United States Internal Revenue Service or
other state agencies.
8. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT.
During the performance of the Agreement, ITS shall not discriminate against any
employee or applicant for employment because of race, religion, color, sex or national
origin. ITS will take affirmative action to ensure that employees are treated during
employment, without regard to their race, creed, color, or national original. Such action
must include, but not be limited to, the following: employment, upgrading; demotion or
transfer; recruitment or recruitment advertising, layoff or termination; rates of payor
other forms of compensation; and selection for training, including apprenticeship. ITS
shall agree to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions
of this non-discrimination clause.
9. NON-EXCLUSIVITY. This Agreement is considered a non-exclusive Agreement
between the parties. The CRA shall have the right to purchase the same kind of services
to be provided by ITS hereunder from other sources during the term of this Agreement.
10. ASSIGNMENT. ITS shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the CRA.
11. NON-WAIVER. Waiver by the CRA of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provlSlon.
12. TERMINATION. This Agreement may be terminated for convenience or cause by
either party by providing at thirty (30) days notice to the other party. Should termination
be for convenience, termination shall be without liability to the terminating party. In the
event of any termination, ITS shall be paid the pro rata sum for services performed, or if
prepaid, ITS would retuin to the CRA the pro rata sum paid in advance.
3
eRA Technical Services
Rev. 11-06-02
13. DISPUTES. Any dispute out of the terms or conditions of this Agreement shall be
adjudicated within the courts of Palm Beach County, Florida. Further, this Agreement
shall be construed under Florida Law.
14. NOTICES. Notices to the CRA shall be in writing and sent via u.s. Mail to the
following address:
CITY OF BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
639 East OCean Avenue, Suite 107
Boynton Beach, FL 33435
ATTN:
Notices to ITS shall be sent to the following address:
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425-0310
A TTN: Peter Wallace, ITS Director
15. SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this
Agreement, or the occurrence of any event rendering any portion or provision of this
Agreement void, shall in no way affect the validity or enforceability of any other portion
or provision of the Agreement. Any void provision shall be deemed severed from the
Agreement and the balance of the Agreement shall be construed and enforced as if the
Agreement did not contain the particular portion or provision held to be void. The parties
further agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
16. INTEGRATED AGREEMENT. This agreement, together with attachments or
addenda, represents the entire and integrated agreement between ITS and the eRA and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both ITS and CRA.
17. AMENDMENTS. It is further agreed that no modification, amendment or alteration in
the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
4
eRA Technical Services
Rev. 11-06-02
18. BENEFITING PARTIES. This Agreement is intended to benefit the parties to this
Agreement. The parties agree that there are no third party beneficiaries to this Agreement
and that no third party shall be entitled to assert a claim against either party based upon
this Agreement. The parties expressly acknowledge that it is not their intent to create any
rights or obligations in any third person or entity under this Agreement.
19. CONSTRUCTION OF AGREEMENT. The terms and conditions herein are to be
construed with their common meaning to effectuate the intent of this Agreement. All
words used in the singular form shall extend to and include the plural. All words used in
the plural form shall extend to and include the singular. All words in any gender shall
extend to and include all genders.
20. APPLICABILITY OF FLORIDA'S PUBLIC RECORDS LAW. The parties
acknowledge and understand that the rules, regulations and statutes regarding public
records are applicable to this Agreement and the services provided thereunder. CRA
understands that public records as defined in Chapter 119, Florida Statutes, created with
CRA computer equipment, software and hardware, including but not limited to e-mail
and internal memoranda, constitute public records under the laws of the State of Florida,
and are subject to disclosure unless otherwise exempt.
5
eRA Technical Services
Rev. 11-06-02
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this
day of , 2006.
CITY OF BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
CITY OF BOYNTON BEACH
Chairperson
City Manager
Attest! Authenticated:
Director
Janet Prainito,City Clerk
APPROVED AS TO FORM:
City Attorney
6
eRA Technical Services
Rev. 11-06-02
Exhibit A
Client Agreement and Conditions
For
eRA Technical Services
The City of Boynton Beach Information Technology Services Departments (ITS) and the
Community Redevelopment Agency (CRA) has entered into a technical support agreement to
provide technical support for the CRA Director and seven (7) staff members.
The items and services include unlimited technical support (during normal business hours:
Monday through Friday, 7:30 a.m. to 5:30 p.m.), problem determination and resolution for the
equipment listed on Exhibit B, e-mail accounts, and network services such as access to GIS and
city shared drives. The City of Boynton Beach and the ITS Department will also extend their
Disaster Recovery/Business Recovery plan by offering off site storage and retrieval of backup
media including CD/RW.
Technical support response-resolution parameters are based on problem severity and impact on
business operations.
Severity Code Customer Impact Service Response to Resolution Time
Customer
1 - Critical Business Halted Immediate updates Until Fixed
everv 30 minutes
2 - Urgent Business Impacted 2 - 4 Hours 4 Hours
3 - ImDortant Non-critical 1 - 3 Davs 1 - 3 Davs
4 - Reauest Normal Business 3 - 5 Days 30 Days
The City of Boynton Beach shall not be responsible for any third party software or other
hardware other than the hardware and software listed on Exhibit "8." The City of Boynton Beach
would utilize change management policy to address any configuration changes to the CRA PCs,
printers and network environment. ITS will extend the enterprise Microsoft agreement to the
CRA PCs, printers and network environment as defined in Exhibit "8." ITS will extend the
enterprise Microsoft agreement to the CRA PCs to provide proper coverage of licenses, upgrades
and support. Other services such as firewall protection and anti-virus software with automatic
updates will apply to the CRA network environment. The City of Boynton Beach will also extend
the GIS enterprise software cost savings to the CRA to access to GIS data from the city's
network by installing GISMO on two PCs. The GISMO application has the ability to view and
run inquiries for GIS relates layers
7
eRA Technical Services
Rev. 11-06-02
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RESOLUTION NO. R06-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR TECHNICAL SUPPORT
BETWEEN THE CITY OF BOYNTON BEACH AND
THE COMMUNITY REDEVELOPMENT AGENCY
(CRA); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, upon
12
recommendation of staff, hereby deems it to be in the best interests of the citizens and
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residents of the City of Boynton Beach, to approve an Agreement, providing for technical
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support in connection with the day-to-day governmental operation of the CRA; and
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
19
being true and correct and are hereby made a specific part of this Resolution upon adoption
20
hereof.
21
Section 2.
The City Commission of the City of Boynton Beach, Florida does
22 hereby approve, and authorizes the City Manager to execute an Agreement between the City
23 of Boynton Beach and the Community Redevelopment Agency (CRA) of the City of
24 Boynton Beach, providing for technical support in connection with the day-to-day
25 governmental operations of the CRA, a copy of which Agreement is attached hereto and
26 incorporated herein by reference.
27
28
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\CRA-Technical Support 020806.doc
II
PASSED AND ADOPTED this _ day of February, 2006.
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17 ATTEST:
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20 City Clerk
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22 (Corporate Seal)
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CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\CRA-Technical Support 020806.doc
VI.-CONSENT AGENDA
ITEM 0.1.
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 Citv Clerk's Office Meeting Dates in to City Clerk's Office
D December 6, 2005 November 14,2005 (Noon.) D February 7, 2006 January 17,2006 (Noon)
D December 20, 2005 December 5,2005 (Noon) [gJ February 21, 2006 February 6, 2006 (Noon)
D January 3, 2006 December 19,2005 (Noon) D March 7, 2006 February 21,2006 (Noon)
D January 17,2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon)
RECOMMENDATION: Please place this request on the February 21,2006 City Commission Agenda under
Consent Agenda. The Planning and Development Board recommended that the subject request be approved on January 24,
2006. For further details pertaining to the request, see attached Department Memorandum No. PZ 05-219.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Bellamy Heights (ZNCV 06-001)
Zamil Abou
Nauras Corporation
Lots 15 and16 of Block 9
Request for relief from the Land Development Regulations, Chapter 2, Zoning, Section
5.D.2.a, requiring a minimum lot frontage of 60 feet to allow a minimum lot frontage of 57
feet (a variance of3 feet), and requiring a minimum lot area of7,500 square feet to allow a
minimum lot area of approximately 6,850 square feet ( a variance of 650 square feet) for a
proposed single-family residence within the R-l-A Single-Family zoning district.
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
~~mre
Developme
lcJ? ~~
Planning and Zoni irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\ WP\PROJECTS\Bellamy Heights\Agenda Item Request Bellamy Hgts ZNCY 06-00 I 2-21-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
TO:
THRU:
FROM:
DATE:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-219
STAFF REPORT
Chair and Members
Planning & Development Board and City Commission
Michael W. Rum~
Planning and Zoning Director
Ed Breese ~
Principal Planner
December 29, 2005
PROJECT NAME/NO:
REQUEST:
Bellamy Heights Lots 15 & 16 Block 9/ ZNCV 06-001
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section 5.D.2.a, requiring a minimum lot frontage of 60 feet, to allow a minimum lot
frontage of 57 feet (a variance of 3 feet) and requiring a minimum lot area of 7,500 square
feet, to allow a minimum lot area of approximately 6,850 square feet (a variance of 650 feet),
for a proposed single-family residence within the R-1-A Single-Family zoning district.
Property Owner:
Applicant/Agent:
Location:
Acreage:
Proposed Use:
Zoning District:
Adjacent Uses:
North:
South:
East:
West:
PROJECT DESCRIPTION
Nauras Corporation
Zamil Abou, President - Nauras Corporation
South side of SW 9th Avenue, just east of Interstate 95
Approximately 6,850 square feet
Single-family residence
Single-Family Residential (R-1-A)
SW 9th Avenue right-of-way, and farther north a single-family residence, zoned R1-A;
A single-family residence, zoned R-1-A, and farther south right-of-way for SW 10th
Avenue;
A Single-family residence, zoned R-1-A; and
A single-family residence, zoned R-1-A.
Staff Report
Memorandum No PZ-05-219
Page 2
BACKGROUND
The subject property is currently an undeveloped lot located on the south side of SW 9th Avenue, three (3)
lots east of SW 4th Street and Interstate 95, in Bellamy Heights (see Location Map - Exhibit "A"). The
subdivision, zoned R-1-A, was platted in 1925, with standard lots of 50'X 120'. The lot boundaries within this
subdivision have been "shifted" over time where typical parcels on this street now range between 50 and 58
feet in width. The subject parcel is the remnant of historical changes to lots within this subdivision, and is
now defined as the east 35' of Lot 15 and the west 22' of Lot 16, totalling 57' of frontage.
The applicant is requesting a variance to the minimum lot frontage requirement of 60' and minimum lot area
of 7,500, inorder to construct a single-family dwelling of approximately 2,200 square feet. The subject
property complies with all other R-1-A requirements (see Survey - Exhibit "B'l. The applicant will comply with
all other minimum requirements of the R-1-A regulations, as indicated below:
R1-A Minimum Reauirements
Aoolicant's Prooosal
· Lot area: 7,500 square feet
· Lot frontage: 60 feet
· Front setback: 25 feet
· Rear setback: 20 feet
· Side setbacks: 7.5 feet
· Minimum living area: 1,400 sq. ft.
· Maximum lot coverage: 45 %
· Maximum structure height: 30 feet
· Lot area: 6,850 square feet
· Lot frontage: 57 feet
· Front setback: 25 feet
· Rear setback: 25 feet
· Side setbacks: 7.5 feet
· Minimum living area: 2,184 sq. ft.
· Maximum lot coverage: 32 %
· Maximum structure height: less than 30'
ANALYSIS
Staff reviewed the requested variance focusing on the applicant's response to criteria a - g below (see
Exhibit "C'1. The code states that the zoning code variance cannot be approved unless the board finds the
following:
a. That special conditions and circumstances exist which are peculiar to the land, structure, or building
involved and which are not applicab/e to other lands, structures or buildings in the same zoning
district
The subject property is considered a non-conforming lot because it does not meet all of the R-1-A
zoning district regulations for construction of a single-family residence. Section 11.1.C.1, Non-
Conforming Lot regulations, allows a detached single-family dwelling to be constructed on a non-
conforming lot zoned R-1-A, provided that gll of the following requirements are met: (1) the parcel
contains at least one whole platted lot; (2) the parcel has a frontage of not less than 50 feet, and a
lot area of not less than 5,000 square feet; and (3) the parcel complies with all provisions of the Land
Development Regulations and applicable building code regulations. The subject parcel does not
comply with requirement #1, because it does not contain at least one (1) whole platted lot (the east
35 feet of Lot 15 and the west 22 of Lot 16). Therefore, the applicant is unable to use this provision,
and is instead required to obtain a variance to the minimum lot frontage of 60 feet (57) and the
minimum lot area of 7,500 square feet (6,850) in the R-1-A zoning district, in order to build on the lot.
Staff Report
Memorandum No PZ-05-219
Page 3
b. That the special conditions and circumstances do not result from the actions of the applicant.
In 1975, the City adopted new zoning regulations, which caused many parcels to become legally non-
conforming, including those in the Bellamy Heights Subdivision Plat. The Land Development
Regulations set forth the minimum requirements for the development of a lot. The typical lots were
originally platted as 50 feet by 120 feet (6,000 square feet each) and the subject parcel is 57 feet by
120 feet (6,850 square feet). In essence, the subject property is 7 feet wider, and 850 square feet
larger than originally platted lots in the neighborhood. The subject property is also 7 feet wider and
1,850 square feet larger than the minimum lot requirements for a nonconforming residential lot in the
R-1-A zoning district. Additionally, the applicant is unable to purchase additional property without
making adjacent developed properties more nonconforming.
c. That granting of the variance requested will not confer on the applicant any special privilege that is
denied by this ordinance to other lands, buildings, or structures in the same zoning district
The majority of the subdivision is developed with single family homes, including a number on the
original substandard lots. The vast majority of homes developed on this particular block (83%, 15 of
18) are situated on parcels with lot frontages ranging between 50 and 58 feet. As noted above, the
applicant is requesting to build on a parcel with 57 foot fontage. The lot depth of the typical lots in the
subdivision is 120 feet. In essence, 83% of the parcels on the block have a total lot area ranging
between 6,000 and 6,960 square feet, which falls short of the required 7,500 in the R1-A zoning
district. The applicant's parcel (6,850 square feet) would place it at the high end of the lot size
spectrum on the block, but would still require a variance. These figures appear to indicate that no
special privilege would be granted to the applicant by the issuance of the requested variances.
d. That /iteral interpretation of the provisions of this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the ordinance
and would work unnecessary and undue hardship on the applicant.
The Bellamy Heights subdivision contains many substandard parcels when compared to current
regulations. The subject property has 57 feet of lot frontage and more than 6,850 square feet of lot
area, but no longer contains one whole platted lot and therefore may not be developed under the
provisions for nonconforming lots. Literal interpretation of this criteria would deprive the applicant the
right to develop the property.
e. That the variance granted is the minimum variance that will make possible the reasonable use of the
land, building, or structure.
The proposed single-family dwelling will meet or exceed all other R-1-A requirements such as
setbacks, minimum living area, maximum lot coverage, and building height. The subject property is a
larger lot than originally platted, and comparable in size with the others on the block. Without the
requested variance, the applicant will not have reasonable use of the land.
f. That the granting of the variance will be in harmony with the general intent and purpose of this
chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
The Bellamy Heights subdivision includes many substandard lots by current regulations. The
Staff Report
Memorandum No PZ-05-219
Page 4
establishment of the non-conforming lot provisions clearly dictates a substandard development
regulation, below standards being constructed in newer subdivisions. Approval of the subject
variance would not represent a further reduction in the minimum development standards within this
neighborhood, and will provide a positive contribution to the economic value of the area and tax base
for the city. Additionally, the applicant proposes to construct a 2,184 square foot house, which is
more in line with typical houses being constructed today, while meeting all required setbacks.
g. For variances to minimum lot area or lot frontage requirements, that property is not available from
adjacent properties in order to meet these requirements, or that the acquisition of such property
would cause the adjacent property or structures to become nonconforming. Applicant shall provide an
affidavit with the application for variance stating that the above mentioned conditions exist with
respect to the acquisition of additional property.
The properties on either side of the applicant's parcel are already developed as nonconforming lots.
If either property owner sold any of their property to the applicant, their nonconforming lots would
become even more nonconforming relative to minimum lot size, lot frontage, and setbacks.
RECOMMENDATION
Staff recommends approval of the requested variance based on findings of hardship. Staff concurs with the
applicant that special conditions and circumstances exist that are not the result of actions by the applicant.
This request will not be injurious or detrimental to the area, and the variance requested is the minimum
necessary to make possible the reasonable use of the land. The construction of a modern single-family home
on the subject lot, representing reasonable use of the land, can be accommodated and still meet all of the
minimum development regulations for the Rl-A zoning district and be compatable with the neighborhood.
No conditions of approval are recommended; however, any conditions of approval added by the Planning &
Development Board or the City Commission will be placed in Exhibit "0" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Bellamy Heights\ZNCV 06-001\Staff Report.doc
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EXHIBIT C
STA TEMENT OF SPECIAL CONDITIONS
Responses to 7 questions from application item 4. ( A - G )
A. Our lot frontage is 57' , similar to that of neighboring lots.
B. It is our understanding that several lots in this area were
platted this way, years ago.
C. No special privilege will be conferred.
D. We would feel deprived and it would be a hardship to us
if we cannot build a house on this lot, which has the same
frontage as neighboring lots in the same zoning district.
E. This certainly would be a minimum variance ( 3 feet )for
reasonable use of land and we fully intend to maintain all
other setbacks and requirements as described bv city
zonin!!: reeulations.
F. We believe that the granting of this variance and building
a new home would be helping to improve a beautiful
community .
G. As discussed in our pre-application meeting and checking
with existing lot frontages of adjacent properties, it was
shown to us that acquisition of such property would
result in a nonconforming situation because these
properties frontages are also 57'.
We appreciate your time and consideration in this matter,
J;:OU'
~
EXHIBIT "D"
Conditions of Approval
Project name: Bellamy Heights, East 35' of Lot 15 & West 22' of Lot16, Block 9
File number: ZNCV 06-001
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Bellamy Heights variance\ZNCV 06-001\COND OF APPROV AL.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Bellamy Heights, E 35' of Lot 15 & W 22' of Lot 16, Block 9
APPLICANT'S AGENT: Mr. Zamil Abou, Nauras Corporation
APPLICANT'S ADDRESS: 3502 N. Powerline Road, Pompano Beach, FL 33069
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
February 21,2006
TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum
lot frontage of 60 feet, allowing a minimum lot frontage of 57 feet and
requiring a minimum lot area of 7,500 square feet, allowing a minimum
lot area of approximately 6,850 square feet, for a proposed single-family
residence within the R1-A Single-Family zoning district.
LOCATION OF PROPERTY: Bellamy Heights, E 35' of Lot 15 & W 22' of Lot 16, Block 9
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
S:\Planni ng\SHARED\WP\PROJ ECTS\Bellamy Heights\ZNCV 06-001 \DO.doc
City Clerk
Meeting Minutes
Planning 8r. Development Board
Boynton Beach, Florida
January 24, 2006
Mr. Saberson asked Mr. Rumpf when the M1 zoning moratorium on Congress Avenue would end
Mr. Rumpf responded it had been extended again through April. The resolution extending it
specifically stated the dates in March and April when the amendments should be delivered to
this Board, the CRA, and the City Commission.
VI. Old Business
Assistant City Attorney David Tolces administered an oath to all who planned to speak at the
meeting.
A. Zoning Code Variance
1.
Project:
Agent:
Owner:
Location:
Description:
Bellamy Heights (ZNCV 06-001)
Zamil Abou
Nauras Corporation
Lots 15 and 16 of Block 9
Request for relief from the Land
Development Regulations, Chapter 2,
Zoning, Section 5.D.2.a, requIring a
minimum 10 frontage of 60 feet to allow a
minimum lot frontage of 57 feet (a variance
of three feet), and requiring a minimum lot
area of 7,500 square feet to allow a
minimum lot area of approximately 6,850
square feet (a variance of 650 square feet)
for a proposed single-family residence
within the R-1-A Single Family Zoning
District
Ed Breese, Principal Planner, stated staff recommended approval of this item due to a hardship
not created by the applicant himself. The lots in this area were platted in 1925 and the majority
of them were between 50 to 58 feet wide.
Chair Wische opened the floor for the public to speak, and closed it when no one came forward.
Lestin Quintinella, 434 S.W. 9th Avenue, Boynton Beach, stated he lived in the house
next door to the lot in question. He was also representing the Nauras Corporation.
Motion
Ms. Jaskiewicz moved to approve the request for relief from the Land Development Regulations,
Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot frontage of 60 feet to allow a
minimum lot frontage of 57 feet (a variance of three feet), and requiring a minimum lot area of
7,500 square feet to allow a minimum lot area of approximately 6,850 square feet (a variance
of 650 square feet) for a proposed single-family residence within the R-1-A Single Family Zoning
District. Mr. Casaine seconded the motion that passed 7-0.
2
VI.-CONSENT' AGENDA
ITEM 0.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D December 6, 2005
D December 20, 2005
D January 3, 2006
D January 17,2006
December 5, 2005 (Noon)
D February 7, 2006
[8] February 21, 2006
D March 7, 2006
D March 21, 2006
January 17,2006 (Noon)
November 14, 2005 (Noon.)
February 6, 2006 (Noon)
December 19,2005 (Noon)
February 21, 2006 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
[8] Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
'., .",
March 6, 2006 (Noon) ,--,!",
-'~l ....
..--.,
: ~,.. )"'q
D r-...') -~--;.
Development Plans ell
D New Business w
D c;
Legal ~ ~. J 'ci~
D UnfInished Business c:;
rTl
D !_' >
Presentation (J
January 3,2006 (Noon)
RECOMMENDATION: Please place this request on the February 21,2006 City Commission Agenda under
Consent Agenda. The Planning and Development Board recommended that the subject request be approved on January 24,
2006. Please note that signifIcant discussion occurred regarding the changes (i.e. dumpster location, photometries, buffer wall
height, etc.) agreed upon between the applicant and adjacent property owners. Staff indicated that these changes would be
reviewed during the permit stage. For further details pertaining to the request, see attached Department Memorandum No. PZ
05-217.
EXPLANATION:
PROJECT:
St. Johns Armenian Church (SPTE 05-006)
(fka St. Gregory Armenian Church)
Dale Meaux, API Group
The Armenian Cultural Association
South side of Boynton Beach Boulevard, approximately 300 feet west of
Southwest 6th Street
Request for a second (1) one year time extension of the site plan approval granted on
September 2, 2003, from September 2, 2005 to September 2, 2006.
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
~~i_mre
.~ , '"'
tvlJ ---
Planning a~ g Director City Attorney / Finance / Hwnan Resources
S:\Planning\SHARED\WP\PROJECTS\St. Gregory's Armenian Church\SPTE 05-006\Agenda Item Request St. Johns Aremenian Church SPTE 05-006 2-
21-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-217
TO:
Chairman and Members
Planning & Development Board
THRU:
FROM:
Michael Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP ~
Planner (J
DATE:
January 17, 2006
PROJECT:
St. John's Armenian Church (fka St. Gregory's) / SPTE 05-006
REQUEST:
Site Plan Time Extension
PROJECT DESCRIPTION
Property Owner:
The Armenian Cultural Association of America
Applicant! Agent:
Mr. Dale Meaux / API Group, Incorporated
Location:
South side of Boynton Beach Boulevard, approximately 300 feet west of
Northwest 8th Street (see Exhibit "A" - Location Map)
Existing Land Use / Zoning: Moderate Density Residential (MDR) / Single-family Residential (R-1-AA)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
23,475 square foot church (162 seats)
Acreage:
108,900 square feet (2.5 acres)
Adjacent Uses:
North:
Right-of-way for Boynton Beach Boulevard, farther north is an apartment
complex with a High Density Residential (HDR) land use designation, zoned
Multi-family Residential (R-3);
South:
City-owned vacant property with a Moderate Density Residential (MoDR) land
use designation, zoned Single-family Residential (R-1-AA);
East:
Dual-zoning districts: Developed commercial with a Local Retail Commercial
(LRC) land use designation, zoned Neighborhood Commercial (C-2); and Low
Density Residential (LDR) land use designation, zoned Single-family
Residential (R-1-A); and
West:
Developed single-family residential homes (Palm Beach Leisureville) with a
Moderate Density Residential (MoDR) land use designation, zoned Single-
family Residential (R-1-AA).
Page 2
Memorandum No. PZ 05-217
BACKGROUND
The subject parcel is comprised of two (2) rectangular-shaped lots located on the south side of Boynton
Beach Boulevard. According to public records, the Armenian Cultural Association of America has owned
the property since July of 1997. On September 2, 2003, the site plan (NWSP 03-013) was approved for
the construction of a one-story church with 162 seats, to be completed within three (3) phases. The first
and second phases included the initial construction and expansion of the church while the third phase
included the indoor recreation courts. At the time of approval, the applicant informed staff that the timing
of construction of the third phase would be connected with the anticipated expansion of the church's
membership. The floor plan showed that the Phase I portion of the building footprint was 6,164 square
feet and the Phase II portion was 8,159 square feet for a total of 14,323 square feet. Also, it should be
noted that the project included a height exception (HTEX 03-005) request to allow the church steeple to
exceed the maximum height allowed by the zoning district.
A site plan is valid for only one (1) year after a development order has been issued. In order to maintain
vested status, a building permit must be secured or an extension granted within this extension approval.
On August 4, 2004, Mr. Dale Meaux of API Group, Incorporated, submitted a request for a one (l)-year
site plan time extension (SPTE 04-011) due to failure to secure a building permit. The time extension
request was narrowly approved (by a 4-3 vote) at the November 24, 2004 Planning & Development Board
meeting. On December 16, 2004, an informal meeting was held, involving the applicant, city officials, and
the abutting Palm Beach Leisureville community to discuss several of the unresolved issues revealed at the
CRA Board meeting. As a resolution, the applicant agreed to make minor modifications to the site plan.
These modifications include but are not limited the following: Relocation of the irrigation pump, relocation
of lift station, inclusion of a six (6)-foot high wall along the south property line, and submission of a
photometric plan that shows lighting levels on adjacent Leisureville lots. The applicant would also
coordinate with Leisureville on the possibility of relocating the dumpster and informing Leisureville prior to
the commencement of Phase Three (gymnasium) of the church's site plan.
The request for site plan extension was ultimately approved by the City Commission on January 18, 2005.
The site plan was valid until September 2, 2005. Now, Mr. Dale Meaux is requesting an additional one (1)-
year time extension. If this time extension request is approved, the new expiration date, including
concurrency certification, would be extended to September 2, 2006. The site plan would still be subject to
the original 22 conditions of approval.
ANALYSIS
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits
include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural.
The Regulations authorize the City Commission to approve one (l)-year time extensions, provided that
the applicant files the request prior to the expiration date of the development order. In this case, the
applicant has met that requirement. The Planning & Zoning Division received the application for time
extension on September 2, 2005.
According to the time extension application, Mr. Meaux states "an extension is necessary, as the project
had been delayed due to lack of funding. At this time, funding is in place and we are ready to go
forward". One informal criterion that staff methodically utilizes in the evaluation of a request for time
extensions is the applicants' demonstration or willingness to complete the project in "good faith". The
applicant can submit detailed plans to the Building Division in anticipation of eventually securing a
Page 3
Memorandum No. PZ 05-217
building permit. Submitting building permit plans demonstrates "good faith" to the City that the
developer is attempting to complete the project. The applicant submitted plans for Building Permit #05-
5190 on September 2, 2005. Staff comments were generated and then forwarded to the applicant on
September 27, 2005. However, as of the today, no response has yet been received from the applicant
and no plans have been resubmitted for further review.
Another criterion for evaluating requests for time extensions is a project's compliance with (traffic)
concurrency requirements. On July 16, 2003, the Palm Beach County Traffic Division approved the traffic
study for a 14,405 square foot church with a build-out year of 2004. As of today, the project does not
have traffic concurrency and would be subject to the Traffic Performance Standards of Palm Beach
County. Therefore, the applicant would be required to submit a revised traffic impact statement with a
build-out date of 2006 or 2007 (see Exhibit "c" - Conditions of Approval). It should be noted that on
February 16, 2004, the applicant paid for the water reservation fee. However, the applicant would be
required to pay additional fees to retain the water reservation due to the lack of securing a building
permit (see Exhibit "c" - Conditions of Approval). Mr. Peter V. Mazzella, Deputy Director of Utilities,
approved the underground Utilities piping plan for the church on June 3, 2004.
Finally, there have been no changes to the Land Development Regulations that would impact the
configuration of buildings or proposed use of the project.
RECOMMENDATION
Staff recommends approval of this request for site plan time extension (NWSP 03-013) and its
accompanying request for height exception (HTEX 03-005). If this request were approved, the expiration
of the site plan would occur on September 2, 2006. All conditions of approval from the original project
must still be satisfactorily addressed during the building permit process. However, one new condition of
approval (regarding traffic concurrency) is recommended in conjunction with this request for site plan
extension. Any additional conditions of approval recommended by the Board or City Commission would
be placed in Exhibit "c" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\St. Gregory's Armenian Church\SPTE OS-006\Staff Report.doc
LOCATION MAP
St. John's Armenian Church
Exhibit "A"
............1
. ..
200 100 0
I
200
400
600
800
I Feet
N
+
EXHIBIT B
September 1,2005
Mr. Mike Rumpf
Director, Planning and Zoning Division
City of Boynton Beach
110 East Boynton Beach Boulevard
Boynton Beach, FL 33425
Re: St. John Armenian Church
Dear Mr. Rumpf:
We have requested an extension of the site plan approval for the above project, which
expires September 2, 2005. An extension is necessary, as the project had been delayed
due to lack of funding. At this time, funding is in place and we are ready to go forward.
Please inform me of any information you might require in order to process this request.
With kindest regards,
~~ 'U~,<- -,
~M~A~~ct
API Group, Inc.
DM/cf
Cc: Bishop Choloyan, Vahram Danielian and Zohrab Tazian
illl [~ [2~2: [ ml
! -1 I
L._- :
r "1" " /r i {1 f"'l\ I, r:: f\}'-,
API GROUp, INC. . 111 EAST PALMETTO PARK ROAD. BOCA RATON, FLORIDA 33432 PHONE: (561) 392-7120 FAX: (561) 392-7502 . AACOO1990
EXHIBIT "C"
Conditions of Approval
Project name: St. John's Armenian Church
File number: SPTE 05-006
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. The applicant paid for the water reservation fee on February 16, 2004. X
However, the applicant would be required to pay additional fees to retain the
water reservation due to the lack of securing a building permit.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER / ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
Comments:
2. Submit an updated traffic analysis. The traffic impact analysis must be X
approved by the Palm Beach County Traffic Division for concurrency
purposes prior to the issuance of any building permits.
3. All previous conditions of approval must still be complied with. X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
4. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
5. To be determined.
S:\Planning\SHARED\WP\PROJECTS\St. Gregory's Armenian Church\SPTE 05-006\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: St. John's Armenian Church
APPLICANT'S AGENT: Mr. Dale Meaux with API Group, Incorporated
APPLICANT'S ADDRESS: 111 East Palmetto Park Road Boca Raton, FL 33432
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
February 21,2006
TYPE OF RELIEF SOUGHT: Request an additional one (1) year site plan time extension for a 162-
seat church originally approved on September 2, 2003 (an extension to
September 2, 2006)
LOCATION OF PROPERTY: South side of Boynton Beach Boulevard, approximately 300 feet west
of Southwest 8th Street.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\St. Gregory's Armenian Church\SPTE 05-006\DO.doc
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
January 24, 2006
B. Site Plan Time Extension
1.
Project:
St. Johns Armenian Church (SPTE 05-
006) (fka St. Gregory Armenian
Church)
Description:
Dale Meaux, API Group
The Armenian Cultural Association
South side of Boynton Beach Boulevard,
approximately 300 feet west of Southwest
8th Street
Request for a second one year time
extension of the site plan approval granted
on September 2, 2003, from September 2,
2005 to September 2, 2006
Agent:
Owner:
Location:
Jasmin Meaux, 5921 Vista Linda Lane, Boca Raton, wife of the architect for the project,
appeared. When asked if the applicant agreed to the Conditions of Approval, Ms. Meaux stated
she was unaware of the conditions.
Eric Johnson, Planner, explained there were two conditions of approval. One was the water
reservation fee that had to be paid, and the other was updating the traffic analysis. He
explained that traffic concurrency had to be obtained before pulling a building permit.
Mrs. Meaux responded they agreed to those conditions.
Ms. Jaskiewicz referred to the Boynton Beach Code violations on the property and inquired
whether they had been rectified. Mrs. Meaux responded the Code violations had all been
addressed.
Ms. Jaskiewicz reported a meeting was held with representatives of the St. Johns Armenian
Church, residents of Leisureville, and City staff from the Planning & Zoning and Building
Departments concerning some changes Leisureville wanted to the project. This meeting took
place after the Planning & Development Board voted to approve the project. Ms. Jaskiewicz
wanted the agreements from that meeting to be made a part of the site plan. Others felt they
were not approving the site plan, only an extension, and did not think it would be proper to do
so. One of the agreements was for a wall along the entire portion of the residential area,
instead of just a portion of it as previously approved. The other agreement was the wall had to
be constructed before issuance of a Certificate of Occupancy. Ms. Jaskiewicz was also
concerned about the vagueness of the plans for Phase 3. The details of Phase 1 and 2 were
satisfactory and agreed to by all. Phase 3 was speculative in nature and the details were
sketchy at best. Phase 3 was for a gymnasium that mayor may not be built on the property.
Ms. Jaskiewicz was reluctant to approve the site plan extension in the absence of a full
presentation on Phase 3.
Chair Wische recognized the presence of Commissioner Bob Ensler in the audience.
Assistant City Attorney Tolces advised under the Land Development Regulations, at expiration
of a site plan approval, the City Commission could impose additional conditions if changes had
3
Meeting Minutes
Planning &. Development Board
Boynton Beach, Florida
January 24, 2006
allowed some changes to be made that had occurred during the time elapsed from the original
approval to the request for extension.
Diana Johnson confirmed the square footages for the various phases, including Phase 3. Ms.
Jaskiewicz noted there was nothing in the agenda packet about Phase 3 except a proposed
square footage.
Vahram Danielian, a representative of the Armenian Cultural Association, stated they
had agreed to a four-foot high wall and after the informal meeting agreed to a six-foot high
wall. They also agreed at that meeting to extend the wall all around the property abutting the
residential area. The Leisureville residents were concerned the gymnasium slated for Phase 3,
potentially, would create noise. Also, Leisureville residents were concerned the building would
be a big, unadorned "box" and not attractively presented. The representatives from the
Armenian Cultural Association had advised the Leisureville residents the gymnasium was
important to them. Also, the gymnasium would be made of cinderblock stucco construction, and
completely enclosed. It would be soundproof. There would be no problem with noise. The
architect presented a sketch at that time showing the building was not going to be a simple
"box." It would be nicely constructed to harmonize with the neighborhood.
Motion
Mr. Cwynar moved to approve the request for a second (1) one year time extension of the site
plan approval granted on September 2, 2003, from September 2, 2005 to September 2, 2006.
Mr. Casaine seconded the motion.
Mr. Saberson asked whether Mr. Cwynar wanted to amend the motion to include the
agreements made at the informal meeting. The motion could ask the City Commission to
consider the changes and make a judgment about them. Mr. Saberson reiterated the conditions
mentioned in the staff report. Chair Wische stated staff could report that back to the Board.
Chair Wische wanted to hear a report on the conditions.
Mr. Cwynar was not interested in amending his motion.
The motion passed 6-1, Ms. Jaskiewicz dissenting.
VII. New Business
A. Annexation
1.
Project:
Southern Dance Theater (ANEX 06-
001)
Bradley Miller, Miller Land Planning
Consultants
Southern Dance Theater, Inc.
East side of Knuth Road, approximately 495
feet south of Old Boynton Road (1203
Knuth Road)
Request to annex subject property
Agent:
Owner:
Location:
Description:
5
Meeting Minutes
Planning &. Development Board
Boynton Beach, Florida
January 24, 2006
occurred from the first site plan approval. If the Board felt it was appropriate, it could make
those items a part of its recommendation to the City Commission.
Many Board members felt they did not have sufficient information to add the changes resulting
from the informal meeting to the conditions of approval, in the absence of a report from staff.
On the other hand, Ms. Jaskiewicz did not feel it was appropriate to approve a site plan
extension, and by reference the site plan itself, without having seen the entirety of the Phase 3
portion of the site plan.
Mr. Saberson noted the staff report had listed the minor site plan modifications agreed to in the
referenced meeting as follows:
. relocation of the irrigation pump
. relocation of lift station
. inclusion of a 6-foot high wall along the south property line
. submission of a photometric plan showing lighting levels on adjacent Leisureville lots
. Coordination with Leisureville on the possibility of relocating the dumpster and
informing Leisureville prior to the commencement of Phase 3 (gymnasiumO of the
church's site plan
It was noted in the staff report the applicant had agreed to these conditions. Since the
applicant and staff agreed, Mr. Saberson felt the additional conditions could be added.
Eric Johnson, Planner, indicated subsequent to the first site plan time extension request, an
informal meeting was held between City officials, the applicant, and Leisureville. That meeting
resulted in several agreements made by the applicant in response to Leisureville requests. The
City was a broker between the two parties. Those modifications made to the site plan were
never on record at the Planning & Development Board level or at the City Commission level. In
analyzing the applicant's request for a second site plan extension, staff considered the
conditions of approval from the first time extension, the original site plan conditions, and the
conditions of approval listed by Mr. Saberson. It was staff's hope the applicant would comply
with all agreements made during the informal meeting.
Mr. Saberson asked whether the applicant had submitted a revised site plan incorporating the
agreed to changes. Mr. Johnson noted they had made a permit application and several
comments had been made on it. However, he was unaware of whether those changes
referenced the agreements made at the informal meeting.
Mr. Rumpf responded it was their intent to see the referenced comments were met at the time
of permitting, if they were not officially added to the development order. They might have
been. He did not have a copy of the development order with him. For example, they would not
be seeing a photometric plan at this stage anyway. Mr. Saberson asked if the Commission were
aware of the informal meeting, and Mr. Rumpf responded they were.
Commissioner Robert Ensler, 26 Woods Lane, Boynton Beach, was not familiar with the
details of this particular situation. He explained the Commission had recently passed an
ordinance to help with problems associated with site plan time extensions. Up until the
ordinance was passed, the Board only had the choice of saying yes or no. The ordinance now
4
VI.-CONSENT AGENDA
ITEM F
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
D December 6, 2005 November 14,2005 (Noon.) D February 7, 2006 January 17, 2006 (Noon)
D December 20, 2005 December 5, 2005 (Noon) r8J February 21, 2006 February 6, 2006 (Noon)
D January 3, 2006 December 19,2005 (Noon) D March 7, 2006 February 21, 2006 (Noon)
D January 17, 2006 January 3,2006 (Noon) D March 21, 2006 March 6, 2006 (Noon)
D Administrative D Development Plans
NATURE OF r8J Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement r8J Presentation
D City Manager's Report
RECOMMENDATION:
Motion to approve the purchase from SRT Supplies Inc. 2 rifles for the SWAT team at a cost of $5,317.00.
This purchase is from the Federal Forfeiture Fund.
EXPLANA TION:
Due to the age and wear of the two SRT rifles on hand, they are no longer suitable for use as a tactical weapon.
SRT Supply is the sole manufacture for the SRT rifle package for Law Enforcement Agencies.
PROGRAM IMPACT:
N/A
FISCAL IMPACT:
Funding will be from the Federal Forfeiture Fund account.
691-5000-590-04-22 in the amount of$5,317.00.
AL TERNA TIVES:
~ Signature
Police
Department Name
City Attorney I Finance I Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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4450 60t1 Avenue North
St. Petersburg, FL
33714
Voice (727) 526.5451
FAX (727) 527-6893
sales@srtsupply.com
www.srtsupply.com
To whom it may concern:
SRT Supply is the sole manufacture for the SRT Sniper Package for U. S. Law
Enforcement 1 U.S. Government Agencies.
SRT Supply Inc. in St. Petersburg, FL is the only dealer in the United States
authorized and qualified 10 sell the SRT Sniper Package.
Thank you for your interest in the SRT Sniper Package. Please feel free to
contact me directly with any questions that you may hal/e.
Regards,
U~ LL!;-W
I
,,/ john B. Wier III
President
20:38 NOV 30, 2005
FA>: N:,: 727-:;,27-34'3'3
*229:3
PAGE:
.-, ...-,
c:./c:..
SRT SUPPL Y INC.
QUOTATION
4450- 60TH AVENUE NORTH
ST. PETERSBURG. FL 33714
Phone: 727-526-5451
Fax . 727-527-6893
HTTP://WWW.SRTSUPPLY.COM
Boynton Beach, FL 33435
Phone#: 561-742-6320
Fax: 561-742-6185
Quote#:
Date:
Terms:
Batch#:
Ship Method:
PO#:
SRT Rep:
30450
11/30/05
NET 30 DAYS
134281
GROUND
QUOTE
MICHAEL HARRISON
Issued To:
BOYNTON BEACH (P .0.), THE CITY OF
WAREHOUSE 222 tLE 9TH AVE
Quanllty Part # DeScllptlon Unit PriCe Extended
1A2BRM
25739
GROUND SHIPPING AND HANDLING FEE
AICS1.5BK CHASSIS SYSTEM, 1,5 STAGE. BLACK, WI ADJ
CHEEK PIECE. I MAGAZINE INCLUDED.
3.5-15X50 NXS (ILLUMINATED) - SPECIFY RETICLE
#1020 SNIPER GRADE RINGS (USMC) 30MM- ALSO FITS 56MM
OBJ (ITT DAY NIGHT)
HARRIS BIPOD &-9" (LEG NOTCH) FIXED
25739 REMINGTON 700 POLICE, LIGHT TACTICAL RIFLE, 20
INCH 1 :12 BARREL. .308 WIN.
$16.00
$550.00
$16.00
$1,100.00
1
2
GROUND
AICS1.5BK
2
2
3515X50
GGG-1020
$1.168.00
$159.95
$2,336.00
$319.90
2
2
$72.55
$70000
$14510
$1.40000
Sub Total:
$5.317.00
$0.00
$5.317.00
Tax:
Notes:
Total Quote:
CRAIG, I LOWERED THE PRICE OF THE AI STOCKS BY 50.00 EA THE SCOPE BY 50.00 EA. AND THE L TR'S BY 25.00 EA.
I DID THIS TO BRING YOUR TRADE IN GUNS VALUE OF 350.00 EA. CLOSER TO 500.00 EA
PLEASE CALL
954-445-7548
QUOTE PRICES ARE EFFECTIVE FOR 30 DAYS FROM THE DATE OF QUOTE
UNLESS OTHERWISE QUOTED. FREIGHT WILL BE PREPAID AND ADDED
THANK YOU FOR THE OPPORTUNITY
NOV 30,2006 22:21
Page 1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM G.
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
D December 6, 2005 November 14,2005 (Noon.) D February 7, 2006 January 17, 2006 (Noon)
D December 20, 2005 December 5, 2005 (Noon) r8] February 21, 2006 February 6, 2006 (Noon)
D January 3, 2006 December 19, 2005 (Noon) D March 7, 2006 February 21, 2006 (Noon)
D January 17,2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon)
D Administrative D Development Plans
.'
NATURE OF r8] Consent Agenda D New Business '"-i
AGENDA ITEM D Public Hearing D Legal 'i '....
" -'.'
D D ;.1> r;
Bids Unfinished Business f'..) J:::.;)
D Announcement D Presentation w ~~
D City Manager's Report " i"~ .~-
--.'1
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RECOMMENDATION:
Return cash bond of$3,335.00 to Chick-fiJ-A for the project known as Chick-fil-A.
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EXPLANATION:
On August 30,2005, the Building Division sent to the Finance Department a cash bond of $3,335.00 for the completion of the
permitted work for the project known as Chick-fiJ-A located at 1560 W. Boynton Beach Boulevard. The work has been
completed and the Certificate of Occupancy was issued on January 9, 2006.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: None
/'
, )//}/jJC.',I \L~jJt~
Nanoy BYffiOC"ist(f Development Di",t..
Development Department
Department Name
City Attorney / Finance / Human esources
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM DOC
-".
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Chick-fil-A, Inc.
5200 Buffington Road
Atlanta, Georgia 30349-2998
Telephone 404 765-8000
(, Ii 1;)
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January 10, 2006
Ms. Chris Conklin
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
RE: Chick-fil-A at 1560 W. Boynton Beach Blvd., Boynton Beach, FL 33436
Dear Ms. Conklin:
I am writing this letter to request the release of the temporary bond that Chick-fil-A posted during our
temporary CO. We have now received our permanent CO.
Please forward the original bond to my attention so I may have it canceled. Thank you in advance for you
assistance.
If you have any questions, please call me at 404-765-7822.
Sincerely,
~~~
Sheila J. Turner
Development Supervisor
/sjt
1m! ~: I~/~ ~ @/
I.!:!..EPARTMENTOF OEVElOPMEN1!
EXHIBIT "A"
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
C E R T I F I CAT E
o F
OCCUPANCY
Issue Date
1/09/06
Parcel Number . .
Property Address
08-43-45-30-26-003-0000
1560 W BOYNTON BEACH BLVD
BOYNTON BEACH FL 33436
Subdivision Name
Legal Description
Property Zoning
BJS WHOLESALE CLUB TR C
PLANNED COMMERCIAL DEV.
Owner . . . . .
BIRCHWOOD BOYNTON LLC
1001 NW 62ND ST #320
FORT LAUDERDALE FL 33309
Contractor
R E CRAWFORD CO
Application Number.
Description of Work
Construction Type
Occupancy Type
Flood Zone . . .
04-00001930 000 000
COMMERCIAL BUILDING
TYPE VI/UNPROTECTED
RESIDENTIAL
C FLOOD ZONE/MIN FLOODING
SPECIAL CONDITIONS
CHIC-FIL-A
FFE 15.5 LAG 14.5 MAP/PANEL 120196-190 B 10/15/82 B
VOID UNLESS SIGNED BY BUILDING OFFICIAL
/
Approved
The described portion of the structure has been inspected for
compliance with the requirements of the code for the occupancy
and division of occupancy and the use for which the proposed
occupancy is classified.
EXHIBIT "B"
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 05-168
TO: Bill Mummert, Director of Finance
FROM: Don Johnson, Building Official ~
DATE: August 30, 2005
SUBJECT: CASH BOND - CHICK-FIL-A - 1560 W. BOYNTON BEACH BLVD.
Attached is a Cashier's Check for $3,335.00 from Chick-fil-A, Inc. This is a cash surety for Chick-fil-A
and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed.
This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
DJ:rs
Attachments/letter from Cindy O'Neal and check
XC: Timothy K. Large, Building Code Administrator
Permit File # 04-1930
EXHIBIT "C"
S:\Development\BUILDING\Memos\Cash Bonds - 2005\Chick-fiI-A 04-1 930.doc
III . . . 5 ? 2 III.: . 0 200 0 q ? q .: b BOO q 55? B 5 . 5 ? 2111
1--~----------~-----__________~_____~_~_~_____..8..___~__~___~_~___~~__~__~__=_____~_
CITY OF BOYNTON BEACH
Boynton Beach, Florida
40912
FOR
\
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EXHIBIT "D"
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Chick-m-A, Inc.
5200 Buffington Road
Atlanta, Georgia 30349-2998
Telephone 404-765-8900
(1:.. ..1-
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'...., "...'... ....
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.............................. .'__... _. ,0111. '....'-..,......'................
---_.:-----,.....-_:.,,~
LETTER OF TRANSMITTAL
Date: 8/25/2005
To: Bill Knerr- Superintendent
R.E. Crawford
Re: Chick-fil-A@ Boynton Beach, FL
100 East Boynton Beach Blvd.
Boynton Beach, Fl33425
We are sending: Check in the amount of $3,335.00 needed to be held as bond for work
completion for above referenced project.
Cindy O'Neal
Construction Project Administrator
Design & Construction
404-684-8613
Fax: 404-684-8550
Enclosures
cc: kfc
EXHIBIT "E"
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vr.-CONSENT AGENDA
ITEM H.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 December 6, 2005 November 14, 2005 (Noon.) 0 February 7, 2006
0 December 20, 2005 December 5, 2005 (Noon) ~ February 21,2006
0 January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006
0 January 17,2006 January 3, 2006 (Noon) 0 March 21, 2006
Date Final Form Must be Turned
in to City Clerk's Office
January 17,2006 (Noon)
February 6, 2006 (Noon)
February 21, 2006 (Noon)
--I
March 6, 2006 (Noon)
--"1
"l -.
"...
l,...'t",;
0 Administrative 0 Development Plans -,' ,
NATURE OF ~ Consent Agenda 0 New Business :::''tll
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business ';J
0 Announcement 0 Presentation ,:",J
0 City Manager's Report
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RECOMMENDA TION:
Motion to approve partial release of surety for the project known as the Watershed (Lots 48 A, B, & C - Quantum
Park) in the amount of $71,408.00, and refund this amount to the project developer.
EXPLANATION:
The Watershed project established a cash surety with the City for the installation of the water and sanitary sewer
systems required to serve the project. Those systems have been completed and are now in service. The City will
retain 5% of the total surety for a period of one year from the date of placing the system into service, as a warranty
against defects in workmanship or damage. The balance of 95% is recommended to be returned to the developer.
PROGRAM IMPACT: None
FISCAL IMP ACT: None.
AL TERNA TIVES:
None. The ~~~~r) allows for reduction in surety upon completion of a project, and the retainage of 5% during the
~P.k~~
'J Department Head's Signature- 1
UTILITIES
Department Name
,./
XC: Peter Mazzella (w/copy of attachments)
Barbara Conboy "
Finance Dept.
File
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC
'--:.:
DATE INVOICE NO COMMENT AMOUNT DISCOUNT NET AMOUNT
07/20/2005 072005 110% WATER UTILI~ ~ @ ~ 0 Vi ~ @ 75,166.30 0.00 75,166.30
.JUL2)~
B6~(iBEACH TIES
CHECK: 020197 07/20/2005 CITY OF BOYNTON BEACH CHECK TOTAL: 75,166.30
,
~~r7i .~:t..;:~? ~ ~.. ~~ ~., *"~ ~ I;t.~ ~~: ,;,. - r~~ .. ::. ~':-:'. .~--;~ ~:'fIM ~ :~c~"" - :.. "1 i~~ ~:5 i':'i.:i'i ;~.~ !~~ t'~~ :..li f.~ ~~ 7; ::; f~':; iw.Jtt1a1;"oitk ~$i i:.~~;:: in ;:;:::;'. i:
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;~~'~ ~:Z~=~~=:~4 ~~::=I . Zo:otJRl=i~ ~=* j::~:t:;~t=:';~ r~::=~r,~~v~.~ ~~~~:~~!5~=fft::;~;~.~~ .; :~\;~:~"J:lr::r~~.~! ~~~=~j==~~==i~==~~~
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"..;"'4....:.:.....~ .-"'!'~ z','''''",;"~",, "~I ~'!"'-~ R-"''''~ ~ -";"~ ~,.""...~ f'''''-l$'''-''''''~ ~...~...~ :~-~" i~""~1 ..~,., "'''j C "'"""'i ~,."H'':f M ..... ~--~-J t-.-, ~""""l'"
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-:~ -'
o RETURN CHECK TO DEPT.
CITY OF BOYNTON BEACH
DIRECT PAYMENT REQUISITION
Please issue a check in the amount $ 71,408.00 .
TO: The Watershed Treatment Programs, Inc.
200 Congress Park Drive
Suite 100
Delray Beach, FL 33445
FOR: Partial release of surety for the project know as the Watershed (Lots 48 A,B,&C- Quantum Park)
Requested By: Peter Mazzella, Deputy Utilities Director Date: February 6, 2006
Approvals:
Finance Dept.
FUND DEPT BASIC ELE OBJ AMOUNT
401 0000 220 99 00 71,408.00
71,408.00
~C;~^o'v
l).:\11
Div Head
~Q ~a-
City Manager
VI.-CONSENT AGENDA
ITEM I.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Comrnission 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
0 December 6, 2005 Novernber 14, 2005 (Noon.) 0 February 7, 2006 January 17, 2006 (Noon)
0 December 20, 2005 December 5, 2005 (Noon) ~ February 21, 2006 February 6, 2006 (Noon)
0 January 3, 2006 Decernber 19,2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon)
0 January 17,2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement ~ Presentation
0 City Manager's Report
RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of
January 2006.
EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b,
which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute
a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities,
and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the
second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City
Manager".
PROGRAM IMP ACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of
commodities, services, and personal property. Administrative controls are in place with the development of a special
processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the
Department Director, Purchasing Agent, and City Manager.
FISCAL IMP ACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of
commodities, services, and personal property. Administrative controls are in place with the development of a special
processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the
Department Director, Purchasing Agent, and City Manager.
ALTERNATIVES: Revert back to the old bid threshold of$10,000.00.
~~F"
SSlstant to e rrector 0 mance
Finance / Procurement Services
S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC
err
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR MONTH ENDED JANUARY 2006
1. Vendor: Martin Fence Company
Requesting Department: Utilities
Purchase Amount:
Contact Person:
$ 20,772.70
Mark Bobich
Brief Description of Purchase:
Fence repairs at various Utilities locations (damaged by Hurricane Wilma)
Source for Purchase:
Piggyback - Palm Beach County
Fund Source: 401-2822-536-52-95
Hurricane Wilma
Purchase Amount: $ 59,782.00
Contact Person: Mark Bobich
2. Vendor: Preventative Maintenance Services
Requesting Department: Utilities
Brief Description of Purchase:
Re-roof and asbestos removal from the control room building roof at the East Water Plant (damaged by Hurricane Wilma).
Source for Purchase:
Three Written Quotes
3. Vendor: ITT Flygt
Requesting Department:
Utilities
Fund Source: 401-2822-536-52-95
Hurricane Wilma
Purchase Amount: $ 11,068.99
Contact Person: Jim Hart
Brief Description of Purchase:
Repair 88Hp Flygt pump for Master Station #309.
Source for Purchase:
Sole Source
Fund Source: 401-2816-536-46-51
Lift Station Repairs
Purchase Amount: $ 12,501.09
Contact Person: Diena Rowe
4. Vendor: Dell Inc.
Requesting Department:
Utilities
Brief Description of Purchase:
Replacement of laptop computers.
Source for Purchase:
State Contract
5. Vendor: Delray Awning
Requesting Department:
Recreation
Fund Source: Various Accounts
Utilities / Com outer Equip
Purchase Amount: $ 24,820.00
Contact Person: Bob Howell
Brief Description of Purchase:
Replace awnings at Tennis Center (damaged by Hurricane Wilma).
Source for Purchase:
Three Written Quotes
Fund Source: 001-1211-512-52-95
Hurricane Wilma
1 of 3
err
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR MONTH ENDED JANUARY 2006
6. Vendor: Bio-Key International
Requesting Department: Police
Purchase Amount:
Contact Person:
$ 18,600.00
Doug Solomon
Brief Description of Purchase:
Purchase of upgrade and maintenance of PacketCluster software. A grant was received to purchase in-car printers, but it
was determined that a greater need exists to upgrade this software which is used to access FCIC tag information, wants
and warrents information, car to car messaging, and silent dispatch capabilities.
Source for Purchase: Sole Source / Existing Software Fund Source:
105-3412-513-52-51
Law Enforce Block Grant
Purchase Amount: $ 16,092.67
Contact Person: Keith Ellis
7. Vendor: Florida Bearings, Inc.
Requesting Department: Utilities
Brief Description of Purchase:
Repair EMU spare pump for Lift Station #309.
Source for Purchase:
Sole Source
Fund Source: 401-2816-536-46-51
Lift Station Reoairs
Purchase Amount: $ 55,650.00
Contact Person: David Stump
8. Vendor: Thomas B. Cushing Demolition
Requesting Department: Engineering
Brief Description of Purchase:
Demolition work at Wilson Center.
Source for Purchase:
Three written quotes
Fund Source: 302-4113-580-62-01
CIP / Wilson Center
Purchase Amount: $ 37,783.00
Contact Person: Scott Wahlin
9. Vendor: Walker Design & Construction
Requesting Department: Golf Course
Brief Description of Purchase:
Roof repairs to Golf Cart Storage & Maintenance building (damaged by Hurricane Wilma).
Source for Purchase: Two written quotes Fund Source: 411-2911-572-52-95
(Onlv 2 Butler factory-authorized contractors) Hurricane Wilma
10. Vendor: S & F Constructio, Inc. Purchase Amount: $ 19,284.45
Requesting Department: Engineering Contact Person: George Mantell
Brief Description of Purchase:
Repair damaged sidewalks at Tennis Center.
Source for Purchase:
Piggyback - PB Co. School Board
Fund Source: 302-4905-580-63-24
CIP / Sidewalks
The purchases presented in this written report were approved in accordance with the provisions of Ordinance 001-66,
2of3
.crr
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR MONTH ENDED JANUARY 2006
Chapter 2, Section 2.56.1, and are n being presented to Commission as required.
City Manager Approval:
Date: :J.,-l 0- 0 to
Presented to Commission for information on February 21, 2006.
3 of 3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
vr.-CONSENT AGENDA
rTEM J.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
0 December 6, 2005 November 14,2005 (Noon.) 0 February 7, 2006 January 17, 2006 (Noon)
0 December 20, 2005 December 5, 2005 (Noon) ~ February 21, 2006 February 6, 2006 (Noon)
0 January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon)
D January 17.2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon)
RECOMMENDATION:
Return cash bond of$29,700.00 to Hunters Run for the project known as Hunters Run (Lodge/Card Room).
EXPLANATION:
On November I, 2005, the Building Division sent to the Finance Department a cash bond of $29,700.00 for the completion of
the permitted work for the project known as Hunters Run (Lodge/card room) located at 3500 Clubhouse Lane. The work has
been completed and the Certificates of Completion were issued on January 25,2006.
PROGRAM IMPACT: None
FISCAL IMPACT: None
Development Department
Department Name
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
"DEDICATION TO EXCBLLENCE"
~~~~~
c/~~
January 24,2006
Mr. Timothy Large c.B.O.
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Fl. 33425
Dear Mr. Large:
~&sj~1')
I am pleased to report that our roofing inspection for pe'rmit # - was made
yesterday, January 23rd and approved, copy of signed approval attached.
We now request a final Certificate of Completion for permit numbers 04-2436 Hunters
Run Lodge and 04-5156 Hunters Run Men's Card Room. Our partial certificate expires
on January 30, 2006.
We also request the return of our Surety Bond in the amount of $29,700.00.
Thank you for your personal attention in this matter.
RECEIVED
Very truly,
/J;;:;C
B.. i ~I~ ")eN~
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Project Manager
Enclosure
Cc: Mary Watkins, COO
Ed Udine, President
Steve Hagedorn, Director of Finance
EXHIBIT" A"
3500 Clubhouse Lane, Boynton Beach, Florida 33436-6002
Telephone: (561) 737 -2582 . Fax: (561) 369-3990 · www.huntersrun.net
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
C E R T I FIe ATE
o F
COM P LET ION
Issue Date
1/25/06
Parcel Number
Property Address
08-42-46-01-04-000-0011
3500 CLUBHOUSE LN
BOYNTON BEACH FL 33436
HUNTERS RUN TR I
SUMMIT PL 1 TRS 1 THRU 19, TH
PT OF TR 21
K/A REC AREA & PT OF ABND
CHARTER DR N LYG WLY OF & ADJ
PLANNED ZONED DISTRICT
Subdivision Name
Legal Description
Property Zoning
Owner . . . . .
HUNTERS RUN GOLF &
3500 CLUBHOUSE LN
BOYNTON BEACH FL 33436-6002
Contractor
HEDRICK BROTHERS CONSTRUCTION
Application Number.
Description of Work
04-00002436 000 000
RE-MODELING
SPECIAL CONDITIONS
HUNTERS RUN MEN'S CARD ROOM
VOID UNLESS
Approved
The described portion of the structure has been inspected for
compliance with the requirements of the code for the occupancy
and division of occupancy and the use for which the proposed
occupancy is classified.
EXHIBIT "B"
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
C E R T I F I CAT E
o F
COMPLETION
Issue Date
1/25/06
Parcel Number
Property Address
08-42-46-01-04-000-0011
3500 CLUBHOUSE LN
BOYNTON BEACH FL 33436
HUNTERS RUN TR I
SUMMIT PL 1 TRS 1 THRU 19, TH
PT OF TR 21
K/A REC AREA & PT OF ABND
CHARTER DR N LYG WLY OF & ADJ
PLANNED ZONED DISTRICT
Subdivision Name
Legal Description
Property Zoning
Owner . . . . .
HUNTERS RUN GOLF &
3500 CLUBHOUSE LN
BOYNTON BEACH FL 33436-6002
Contractor
HEDRICK BROTHERS CONSTRUCTION
Application Number.
Description of Work
Construction Type
Occupancy Type
04-00005156 000 000
INTERIOR RENOVATIONS
TYPE IV/UNPROTECTED
RESIDENTIAL
SPECIAL CONDITIONS
HURRICANE DAMAGE
TO LODGE
~~;( ~d:
Buil n Offici .
Approved
VOID UNLESS SIGNED BY BUILDING OFFICIAL
The described portion of the structure has been inspected for
compliance with the requirements of the code for the occupancy
and division of occupancy and the use for which the proposed
occupancy is classified.
EXHIBIT "C"
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 05-216
TO:
Bill Mummert, Director of Finance
Timothy K. Large, Building Code Administrat~~
FROM:
DATE:
November I, 2005
SUBJECT:
CASH BOND - HUNTERS RUN (Lodge/Card Room) - 3500 CLUBHOUSE LANE
Attached is a Cashier's Check for $29,700.00 from Hunters Run. This is a cash surety for the Hunters Run
(lodge and men's card room) and is to be held until all outstanding issues of their temporary Certificate of
Occupancy are completed. This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
TKL:rs
Attachmentslletter from Gary P. Eliopoulos, AIA and check
XC: Permit File #'s 04-2436 and 04-5156
EXHIBIT "D"
S:\Development\BUILDING\Mernos\Cash Bonds - 2005\Hunters Run (lodge, card roorn).doc
,....
~ *TWENTY NINE THOUSAND SEVEN HUNDRED
CD
10
HUNTERS RUN
fn.~
Remitter
Issued by Integrated Payment Systems Inc., Englewood, Colorado
v
III .00 t. g . III I . 0 2000 g ? g I: b BOO . . 2 ~ t. ? B ? . 2111
CITY OF BOYNTON BEACH - 4108 4
Boynton Beach, Florida
FOR
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EXHIBIT "E"
E
ELIOPOULOS ARCHITECTURE, INC.
Architecture, Planning + Design
AA0003179
VIA FAX: 742-6357
October 21, 2005
City of Boynton Beach
Building Department
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: Hunters Run Property Owners Association
Lodge Roof Replacement
To Whom It May Concern:
This firm is the architect of record for the above referenced project. In connection with Hunters
Run's efforts to obtain a temporary e.o. and for the City of Boynton Beach to determine the correct
dollar amount for the certified check needed from Hunters Run, please accept this letter as
confirmation that the value of the roof tiles for the lodge roof is $26,959.00; 110% of that value is
$29,700.00.
Should you have any questions, please don't hesitate to contact our office.
ELIOPOULOS ARCHITECTURE, 1Ne.
EXHIBIT "F"
205 George Bush Blvd. . Delray Beach, FL 33444 . Phone: (561) 276-6011 . Fax: (561) 276-6129 . E-mail: GPE@AOL.COM
vr.-CONSENT AGENDA
ITEM K.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Cornmission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
December 5, 2005 (Noon)
o February 7, 2006
I:8J February 21, 2006
o March 7, 2006
o March 21, 2006
January 17, 2006 (Noon)
o December 6, 2005
o December 20, 2005
o January 3, 2006
o January 17, 2006
Novernber 14,2005 (Noon.)
February 6, 2006 (Noon)
December 19,2005 (Noon)
February 21, 2006 (Noon)
January 3, 2006 (Noon)
March 6, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
~ Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o Unfinished Business
o Presentation
RECOMMENDATION: Motion to approve the "SURPLUS COMPUTER LIST" as submitted by the Warehouse and allow
for the disposal of same.
Procurement Services requests Commission's review, evaluation and approval to dispose of the surplus property.
J --1
EXPLANATION: Procurement Services has reviewed the "SURPLUS COMPUTER LIST" submitted by the W~rehous~-<
Manager (see attached memo dated January 25,2006). Procurement Services concurs with the disposal of this suiiilus .
computer equipment. CJ
,. ,
I '~
...,.-J.... ."
PROGRAM IMP ACT: The disposal of the surplus computers will provide inventory space at the warehouse. Pa~~ from) =;~
these computers and various components have been placed in other City computers. \,()
Procurement Services
-:1~~
J:>
:"J(j
::c
AL TERN A TIVES: There is no other alternative but to dispose of this surplus eq
~~
As stant to the Fmance DIrector
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Mike Dauta - Warehouse Manager
File
RECEIVED
JAN 2 5 2006
The City of
Boynton Beach
PROC~SERVICES
Finance Department
WAREHOUSE DIVISION
TO:
Mary Munro, Assistant to the Finance Director
FROM:
Michael Dauta, Warehouse Manager
DA TE:
January 25, 2006
SUBJECT: Surplus Computers
Enclosed is a list of computers that the Warehouse has picked up for
disposal from various departments. The monitors are unable to be sold
separately and some are no longer working. The computers have been
stripped for parts and are no longer usable. The Palm Beach County thrift
store no longer accepts computers unless they are in working condition.
Please go to Commission for permission to dispose of these.
If you should have any questions, please feel free to contact me at 742-6324.
CC: Bill Mummert- Director of Finance
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to Citv Clerk's Office
Requested City Cornrnission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
December S, 2005 (Noon)
o February 7, 2006
~ February 21, 2006
January 17,2006 (Noon)
o December 6, 200S
o December 20, 2005
[ ~ January 3, 2006
o January 17, 2006
Novernber 14,2005 (Noon.)
February 6, 2006 (Noon)
Decernber 19,2005 (Noon)
February 21,2006 (Noon)
January 3, 2006 (Noon)
o March 21, 2006
March 6, 2006 (Noon)
-::J
, ~i
C)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
~ Public Hearing
o Bids
o Announcement
o City Manager's Report
0 Development Plans
0 New Business -rJ
0 Legal .,
._'.-,-.....;.,,)
0 Unfinished Business ..~- re,
j)...."'".
0 c-:J ,';10
Presentation
f'ehr"U.4~ .;;J.l.l.co<'....
RECOMMENDATION: Please place this request on the JMlIIUj ,288'(; City Commission Agenda under
Public Hearing. The City Commission tabled this item at the December 6, 2005 meeting to allow the applicant additional
time to submit updated information on the planned tunnel equipment and corresponding sound analysis. For further details
pertaining to the request, see attached Department Memorandum No. PZ 05-209 and the addendum Memorandum PZ 05-244
with attachments.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Rapido Rabbit Carwash (COUS 05-004)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Boynton Properties, LLC, Anthony Pugliese III
East side of Congress Avenue, approximately 275 feet north ofSW 30th Avenue
Request for Conditional Use and Site Plan approval for a 4,595 square foot automated car
wash facility and related site improvements on a 0.88-acre site zoned M-I, Industrial.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
DeVOlo~e(jg~1ie
~
. City Manager's SIgnature
~r)~
Planning and Z . g Drrector City Attorney I Fmance I Human Resources
S:\Planning\SHARED\WP\PROJECTS\Rapido Rabbit\Agenda Item Request Rapido Rabbit Carwash.2 COUS 05-004 1-3-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-209
TO:
FROM:
Chair and Members
Planning & Development Board
~
Michael Rum;rto
Director of Planning and Zoning
Ed Breese ~
Principal Planner
THRU:
DATE:
October 14, 2005
PROJECT:
Rapido Rabbit Carwash / COUS 05-004
REQUEST:
Conditional Use / New Site Plan approval for a 4,595 square foot
automated carwash facility
PROJECT DESCRIPTION
Property Owner: Boynton Properties, LLC (Anthony Pugliese III)
Applicant: Miller Land Planning Consultants, Inc.
Agent: Mr. Bradley Miller
Location: East side of Congress Avenue, approximately 275 feet north of SW 30th
Avenue (see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Industrial (I) / Light Industrial (M-i)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
4,595 square foot automated carwash facility
Acreage:
0.88-acres
Adjacent Uses:
North:
Undeveloped industrial property zoned Industrial (M-i), then farther north is
right-of-way for the LWDD L-28 canal, and farther north is a residential
subdivision (Golfview Harbour);
South:
Safe & Secure Storage zoned Industrial (M-i), then farther south is right-of-
way for Southwest 30th Avenue, and farther south is developed industrial
property (Tire Kingdom), zoned Industrial (M-i);
Rapido Rabbit Carwash - CO US 05-004
Page 2
Memorandum No. PZ 05-209
East:
Developed industrial property (office / warehouses), zoned Industrial (M-1);
and
West:
Right-of-way for Congress Avenue, then farther west is commercial property
(Manor Care ACLF), zoned Community Commercial (C-3).
BACKGROUND
Mr. Bradley Miller, agent, is seeking conditional use / new site plan approval for a 4,595 square foot
automated carwash facility on a vacant parcel of industrial property immediately north of the Safe &
Secure Storage business located on the east side of Congress Avenue at SW 30th Avenue. Attorney
Michael Weiner submitted an application for Code Review (CDRV 05-001) to allow carwashes in the M-1
zoning district, which was approved by the City Commission on June 21, 2005. As a result, carwashes
are a conditional use in the M-1 zoning district, which allows greater scrutiny in reviewing site design,
operational characteristics and potential impacts on surrounding properties. Additionally, the City
Commission adopted a Notice of Intent (NOI) on April 19, 2005 to provide time for the study and
recommendation of the use of M-1 zoned properties, design characteristics associated therewith and
possible amendments to the Land Development Regulations. A consultant has been hired and
recommendations will be forthcoming shortly. Since the development application was submitted prior to
the effective date of the NOI, it will not be subject to the recommendations of that study. Relative to
traffic generation, Palm Beach County Traffic Engineering in a letter dated February 2, 2005, indicated
the proposed project meets the Traffic Performance Standards of Palm Beach County. However, no
building permits may be issued after the build-out date (2007). If approved, the construction of the
building and related site improvements would occur in one (1) phase.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Section 11.2.0 of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and Zoning
Division's evaluation of the application as it pertains to each of the standards.
The Planning & Development Board and City Commission shall consider only such conditional uses as are
authorized under the terms of these zoning regulations and, in connection therewith, may grant
conditional uses absolutely or conditioned upon the conditions including, but not limited to, the
dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined
necessary for the protection of the surrounding area and the citizens' general welfare, or deny
conditional uses when not in harmony with the intent and purpose of this section. In evaluating an
application for conditional use approval, the Board and Commission shall consider the effect of the
proposed use on the general health, safety and welfare of the community and make written findings
certifying that satisfactory provisions have been made concerning the following standards, where
applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
in case of fire or catastrophe.
According to the site plan, there are two (2) proposed points of ingress/egress to the calWash site
(Parcel "8/'). The first point of ingress/egress is located on Congress Avenue and is shared with the
Rapido Rabbit Carwash - COUS 05-004
Page 3
Memorandum No. PZ 05-209
parcel to the north, at the northwest corner of the property. This drive is 26 feet in width and runs in
an east/west direction. The second ingress/egress point is an existing drive off of SW 3dh Avenue,
running in a north/south direction and connecting to the east/west drive off of Congress A venue.
This second drive is the ingress/egress for the Safe & Secure Storage site immediately south of the
proposed carwash. Access through this site {Parcel '~'j is proposed through a cross-access
easement agreement that will be required as a Condition of Approval. The applicant has submitted a
draft of the required agreements between all parties, which has been reviewed for sufficiency by the
Legal Department. These agreements WI'll need to be executed and recorded prior to the issuance of
the first building permit (see Conditions of Approval). Both driveway widths appear to meet code
requirements. These access points adequately address the needs of typical vehicular circulation, as
well as that of emergency vehicles and sanitation equipment.
2. Off-street parking and loading areas where required, with particular attention to the items in
subsection above, and the economic, glare, noise, and odor effects the conditional use will have on
adjacent and nearby properties, and the city as a whole.
According to Chapter 2, Section 11.H.5, no fewer than four (4) parking spaces shall be provided for
any non-residential use. However, the Land Development Regulations do not specifically address the
parking requirements for automated car wash facilities. The site plan depicts 18 regular parking
spaces and 1 handicap parking space. Each parking space has an accessible vacuum cleaner that is
shared with the adjacent space. Other than the parking space for the one employee, it would appear
the main purpose for the parking spaces is for the vacuuming out of the vehicle interiors by the
owner of the vehicle. The parking area is landscaped on all four sides to minimize noise and also
glare from the headlights of patron's cars. The wash tunnel openings have been provided with
additional landscaping at varying heights to provide a dense vegetative barrier to the inner workings
of the carwash itself and to screen the vehicle stacking and exiting movements from Congress
A venue and the residential properties to the north, as well as acting as a sound buffer for the
mechanical equipment associated with the site. The parking lot lighting fixtures are proposed at 20
feet in height and a staff condition requires baffling of the fixtures in order to prevent glare and light
spillage onto adjacent properties. Additionally, staff recommends that illumination simply be reduced
to security lighting within one (1) hour following closing each night (see Conditions of Approval).
Lastly, staff has also required a second landscape buffer to be placed on the north side of the
entrance/exit drive off of Congress Avenue to increase the visual and sound barrier for the
neighborhood to the north.
The residential neighborhood to the north (Golfview Harbour) is approximately 200 feet from the
carwash site, and separated by a vacant industrial property yet to be developed and a canal. Coupled
with the proposed buffering, it is staff's determination that the site plan meets the intent of the Code
relative to compatibility and buffering, based on the landscaping, distance separation, design
characteristics, and also staff conditions involving the limiting of business hours, baffling of the light
fixtures, illumination reduction to security lighting within one hour of closing, turning off power to
mechanical equipment at time of closing and an increased landscape buffering. Additionally, staff has
requested a professional sound study be performed to ensure sound levels leaving the site will be
within tolerances defined within the Code of Ordinances (60 decibels between the hours of 7 AM &
10 PM). Should the study indicate, or staff determine, additional mitigation is necessary, buffer walls
have been recommended to be added to the proposed landscape buffer.
Rapido Rabbit Carwash - COUS 05-004
Page 4
Memorandum No. PZ 05-209
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
The site plan (Sheet SP 1) shows that the dumpster location is situated near the northeast corner of
the site, a minimum of 200 feet from the residential properties to the north, and oriented in an east-
northeast direction. The dumpster would be screened with enclosure walls and landscape, in
accordance with Chapter 9, Section 10.C.3 of the Land Development Regulations. The dumpster
location is positioned in such a way as to facilitate the efficient removal of trash.
4. Utilities, with reference to locations, availability, and compatibility.
Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water
and sanitary sewer are available for this project.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The Site Plan (Sheet SP 1) states the proposed pervious area of the parcel equals 11,085 square feet
or 29% of the total site. The Landscape Plan (Sheet L-l) indicates that approximately 85% of the
trees and 74% of the shrubs and groundcover would be native.
The proposed landscape buffers contain Live Oak, Pigeon Plum, Gumbo Limbo and Green
Buttonwood trees, Sabal and Montgomery palms and a row of Redtip Cocoplum hedges. Additionally,
staff recommended the installation of decorative buffer walls in the north, south and east buffers
around the carwash tunnel to help shield the inner operations of the carwash, soften the look of the
vehicle stacking area and assist in the blocking of headlights of vehicles exiting the tunnel as well as
assisting in the reduction of noise leaving the site associated with the mechanical equipment. The
applicant expressed concern over the look of walling in the carwash and uncertainty as to the ability
to place a wall along the east side of the tunnel in a very narrow planting strip (Staff notes that
there are alternative wall materials and designs that, along with landscape plantings, could fit in this
narrow space). Staff then suggested working with their neighbor, the owner of the vacant industrial
parcel to the north, to consider placement of a masonry buffer wall along his north property line to
assist in the potential abatement of any adverse views or noise affecting the residential properties in
Golfview Harbour. When this vacant industrial parcel is developed, the fact that it abuts a residential
neighborhood will require that a masonry wall be installed with any development approval. Instead
the applicant proposes to increase the amount of landscape material within these buffers to, in
effect, create a landscape barrier. The Landscape Architect has provided typical buffer cross-
sections, which depict dense/compact vegetation areas proposed to screen views and dampen noise.
According to Sheet L -1, these buffer areas around the carwash tunnel would be planted with two (2)
foot tall cocoplum hedge, three (3) foot tall cat palms, seven (7) to eight (8) foot tall ligustrum and
fourteen (14) foot tall live oak trees. These cross-sections are depicted "Not To Scale" (N. T.S.). Staff,
as a condition of approval recommends that the cross-sections be provided drawn to scale and that
the landscape material be installed in a mature/full state to provide instant screening. The City
Forester would then inspect project construction to ensure that plant material is installed as depicted
in the cross-sections on Sheet L -1 prior to issuance of a Certificate of Completion.
The developer has designed the carwash building so that the tunnel openings are oriented in a
north/south direction, to limit views to the internal operations from motorists driving on Congress
Avenue, in compliance with the Community Design Plan section of the code. The landscape material
as discussed above would also help screen views from this thoroughfare.
Rapido Rabbit Carwash - CO US 05-004
Page 5
Memorandum No. PZ 05-209
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
The monument sign is proposed to be eight (8) feet tall by eight (8) feet wide on a 1.5 foot pedestal
base, with required landscaping. Staff recommends the monument sign be reduced in height to be
more in scale with the proposed budding, and designed to look less like a large square, by
incorporating some of the building features into the design, enhancing the base and adding details
representative of the project, pursuant to Chapter 9 (Community Design Plan) of the Land
Development Regulations. The sign colors are proposed to be the same as the body colors of the
bUIlding, Kilim Beige (light beige) and Sand Trap (dark beige), with eight (8) inch aluminum letters
painted China Red to match the signage on the building, on the directional signs on the carwash
property and the Safe & Secure Storage signs next door. The wall signage is proposed to be 24" high
channel letters in the same China Red color. The menu board and directional signage ('carwash
entrance'; "exit" and "do not enter" signs) would also be painted to match the building, with 3" and
4" high red lettering.
7. Required setbacks and other open spaces.
The proposed building would meet all setback requirements of the M-l zoning district. The code
requires a 15-foot front setback, and the site plan indicates a 15-foot setback is being provided. This
front setback would place the building in line with the Safe & Secure Storage building immediately to
the south. A side setback of 15 feet is required on one side and zero on the other. The site plan
depicts approximate building setbacks of 55 feet to the north and 70 feet to the south. The code
requires a 20-foot rear setback, and the site plan indicates a setback of approximately 100 feet is
being provided. As noted above, the building has a 15-foot front setback like Safe & Secure Storage
immediately to the south, which allows for the parking to be at the rear of the budding. Also, by
having the budding forward on the lot, the stacking lanes for storage of vehicles waiting to enter the
carwash tunnel are mostly shielded from the motoring public on Congress A venue. As mentioned
earlier in the report, the carwash tunnel is approximately 200 feet south of the nearest residentially
zoned property (Golfview Harbour), and is separated by a vacant industrial parcel and the right-of-
way of the L WDD L -28 Canal.
As noted earlier, the Site Plan (Sheet SP 1) states the proposed pervious area of the parcel equals
11,085 square feet or 29% of the total site. The majority of the green space on the site is located in
the 15 foot setback between the building and Congress A venue, with the required seven (7) foot
landscape buffer and the plantings along the foundation of the carwash tunnel. Other green
areas/open spaces occur around the entrance/exit of the carwash tunne~ within landscape islands in
the parking lot and along both sides of the north/south and east/west ingress/egress drives.
8. General compatibility with adjacent property and other property in the zoning district.
In genera~ the proposed use is compatible with the other automotive related industrial uses within
the Congress A venue corridor (Tire Kingdom, Jiffy Lube, National Transmissions, Ace Auto Repair
and Race Part Solutions). Automotive related uses are currently allowed in the M-l zoning district
that encompasses this property and runs the length of the east side of Congress A venue from the
L WDD L -28 Cana~ south to approximately Neptune Drive.
Rapido Rabbit Carwash - COUS 05-004
Page 6
Memorandum No. PZ 05-209
The general design of the building utilizes some of the same type of building elements as the Safe &
Secure Storage business immediately to the south (roof materials and color and paint selection for
the body of the building). The principle building and trim colors (earth tones) are consistent with the
colors of structures in the general vicinity. The main body portion of the exterior wall area would be
painted a light beige color (Sherwin Williams - "Kilim Beige" #6106). The stucco base and accent
paint would be a slightly darker beige color (Sherwin Williams - "Sand Trap" #6066). The trim color
would be white (Sherwin Williams - ''Divine White" #6105). The standing seam metal roof and
awnings are proposed to be ''Hemlock Green'~ These colors would be identical to the Safe & Secure
Storage building immediately to the south.
The project appears to be compatible with the other uses within the M-1 zoning district The
compatibility issues revolve around the residential properties approximately 200 feet to the north of
the site and possibly the pending outcome of the study and recommendation of the use of M-1 zoned
properties, design characteristics and any associated amendments to the Land Development
Regulations proposed by the consultant or staff. Although those recommendations will not directly
affect this project" it may affect the future development of parcels within the vicinity. As far as the
compatibility with the residentially-zoned properties, the carwash proposes tvvo (2) points of
ingress/egress to facilitate ease of maneuvering to enter and exit the site, one off of Congress
Avenue and one off of SW 3dh Avenue, through the Safe & Secure site. The traffic approval letter
from Palm Beach County Traffic Division indicates that the project would generate 196 new daily
trips, with the peak hour trips being 14 AM and 14 PM during the busiest (rush hour) traffic times on
Congress A venue. The remaining compatibility issues are operational in nature, involving noise and
visual effects. The applicant proposes to minimize these effects through the use of dense landscape
buffers. Staff has requested detailed sound information, prepared by a professional in the field, to
demonstrate compliance with City code relative to noise and nuisances. Staff additionally has
recommended business hours of dusk to dawn, however not to exceed 7 PM, that all mechanical
equipment be turned off at the close of business each day, and that the lighting of the site be
reduced to security lighting within one (1) hour following close of business each day (see Conditions
of Approval).
9. Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The maximum allowable building height in the M-1 zoning district is 45 feet The building was
designed as a one (i)-story structure, approximately 29 feet - 6 inches in height to the top of the
highest parapet The building would not exceed the district'5 maximum height limitations and would
be compatible in comparison with the neighboring industrial and residential properties.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
According to the applicant" "There will be no adverse effects on adjacent or nearby properties. There
will be positive effects for the City with increased tax revenue'~ Based on its distance to nearby
residential properties, site buffering and landscaping, and limits on hours of operation, staff opines
that there would be no negative effect on nearby properties, pending submittal and satisfactory
results of a professional sound study.
Rapido Rabbit CalWash - COUS 05-004
Page 7
Memorandum No. PZ 05-209
11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter
19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review).
With incorporation of staff comments/ the proposed project would comply with all requirements of
applicable sections of city code.
12. Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to
the City of Boynton Beach Noise Control Ordinance.
With incorporation of all conditions and staff recommendations contained herein the proposed
project should operate in a manner that is in compliance with the above-referenced codes and
ordinances of the City of Boynton Beach. In many instances/ a typical project may receive City
approvals and if complaints were generated regarding the operational aspects of the busines~ Code
Compliance would be asked to inspect the premises to determine if violations of the code exist., such
as a noise complaint. When the City reviews a project not allowed by right., but a project listed as a
Conditional Use/ extra caution is exercised in the review to determine its compatibility with
neighboring property and its operational characteristics are scrutinized. If additional information is
required to help staff determine this compatibility and compliance with City codes/ a request for the
necessary data is made. In this particular case/ staff has requested detailed sound information/
prepared by a professional in the fie/~ to demonstrate compliance with City code relative to noise
and nuisances. The applicant has indicated they will be providing this information however it was
not available at the time of preparation of this staff report. As such we are recommending
postponement of this item until such time as the study is submitted and reviewed by staff.
RECOMMENDATION
Based on the information contained herein and the outstanding data requested and required by staff
from the applicant and their consultants, staff recommends that this request for conditional use be
postponed until such time as the necessary sound study is submitted and reviewed by staff.
S: \Planning \SHARED\ WP\PROJECTS\Rapido Rabbit\Staff Report.doc
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1002 E NEWPORT CENTER OR. SUITE 101
DEmflELD BEAOi, flORIOA All. COOl8?8
PH. (954) 427-8848 FAX (954) 417-9929
CONGRESS AY{NUE
BOYNTON BEACH, FlORIDA
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EXHIBIT B
Project name: Rapido Rabbit
File number: COUS 05-004
Reference: 3rd review plans identified as a Conditional UselNew Site Plan with an October 11,2005 Planning
&Z d ki
Conditions of Approval
omn~ ate stamp mar ng.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
l. The plans depict a roadway to be constructed on the adjacent Parcel B, X
which is clearly indicated as "Not Included" in this submittal. An
irrevocable cross-access agreement between Parcels A, Band C for ingress-
egress purposes will be required.
2. Show all off-site improvements required for this project. The proposed X
roadway on the north is symmetrical around that property line. Show that
the adjacent property owner is in agreement with this proposal.
3. Separate permits will be required from Palm Beach County for the proposed X
Congress Ave. curb cut.
UTILITIES
Comments:
4. Palm Beach County Health Department permits will be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
5. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments)
with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by insurance underwriters,
whichever is greater. (CODE, Section 26-16(b)) .
6. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within seven (7) days of site
plan approval, whichever occurs first. This fee will be determined based
upon final meter size, or expected demand.
7. Water meter size shall be based on the demand for the volume anticipated X
for the car wash. Please provide engineering calculations, or any
explanation of the demand.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
8. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
9. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates);
they will be reviewed at the time of construction permit application.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
10. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART process does not
ensure that additional comments may not be generated by the Commission
and at permit review.
11. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
12. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
13. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART process does not
DEPARTMENTS
I INCLUDE I REJECT I
ensure that additional comments may not be generated by the commission
and at permit review.
14.
Buildings, structures and parts thereof shall be designed to withstand the
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
15.
At time of permit review, submit signed and sealed working drawings of the
proposed construction.
16.
CBBCPP 3.C.3.4 requires the conservation of potable water. City water may
not, therefore, be used for landscape irrigation where other sources are
readily available.
17.
A water-use permit from SFWMD is required for an irrigation system that
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S. 373.216.
18.
If capital facility fees (water and sewer) are paid in advance to the City of
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a. The full name of the project as it appears on the Development
Order and the Commission-approved site plan.
b. The total amount paid and itemized into how much is for water
and how much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
19.
At time of permit review, submit separate surveys of each lot, parcel or
tract. For purposes of setting up property and ownership in the City
computer, provide a copy of the recorded deed for each lot, parcel or tract.
The recorded deed shall be submitted at time of permit review.
20.
A permit from the EP A shall be required prior to the submittal of plans for a
building permit. The car wash shall comply with F.A.C. Rule 62-660.803.
The local EP A office can be contacted at 561-681-6600.
21.
Pursuant to approval by the City Commission and all other outside agencies,
the plans for this project must be submitted to the Building Division for
revIew at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
22.
The full address of the project shall be submitted with the construction
documents at the time of permit application submittal. If the project is multi-
x
x
x
x
x
x
x
x
x
Conditions of Approval
4
DEP ARTMENTS INCLUDE REJECT
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
23. Building shall be designed utilizing the 2004 Florida Building Code. X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments:
24. Applicant must grade the property to the north canal to Lake Worth X
Drainage District specifications.
PLANNING AND ZONING
Comments:
25. A single sign style (such as cabinet, channel, reverse channel) shall be used X
for wall signage. Note code limitation on non-word depictions. Provide
calculations of areas for determining compliance with the Land
Development Regulations.
26. The monument sign as proposed is plain and unadorned and should be X
reduced in size to be more in scale with the building. Additionally, the sign
should be made more compatible with the building style to transform its
boxy appearance.
27. Provide a landscape cross-section C Detail of a 450 angle at the southwest X
comer and northwest comer of the site. Additionally, remove the N.T.S.
(not to scale) label on the cross-sections and depict landscape to scale,
adjusting the size of the plant material on the plant list if necessary, to
provide an instant landscape barrier at time of planting. Cross-sections A, B,
& C should be comparable for these planting areas on the exit end of the
tunnel as well.
28. The applicant has agreed there will be nothing other than automated or self- X
service features as part of this Conditional Use application. Any future
requests for other services (wax, upholstery cleaning, etc.) would require a
new Conditional Use review/approval.
29. Provide executed and recorded CODV of the cross-access easement with X
DEPARTMENTS INCLUDE REJECT
Parcel A, prior to issuance of first building permit.
30. Access off of Congress A venue is only partially on your parcel. Provide X
executed and recorded copy of the cross-access easement with the parcel to
the north, prior to the issuance of first building permit.
31. The drainage depicted on sheet C-l depicts drainage improvements crossing X
onto Parcel A. Provide executed and recorded copy of this easement with
Parcel A, prior to the issuance of first building permit.
32. Include baffling of light fixtures in order to prevent glare and light spillage X
onto adjacent properties. Additionally, consider reducing the lighting to
security lighting only within one (1) hour of closing.
33. Provide noise level data for blowdryer equipment for a distance equal to the X
rear of the residential properties to the north. All mechanical equipment,
including the vacuums, should be turned off at closing time each day.
34. Staff recommends the installation of some variety of wall along the north X
and east sides of the tunnel exit / parking lot to reduce the potential of noise
escaping the site, should the professional sound study being prepared by the
applicants warrant more than the landscaping being proposed.
35. Applicant states the hours of operation will be from dawn to dusk. Any X
proposal to extend these hours will require commission approval. Staff
recommends however, the carwash be open no later than 7 P.M.
36. Applicant shall provide a unity of title for all of Parcel "A", prior to X
issuance of first building permit.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHAREDlWPIPROJECTS\Rapido Rabbit\2nd Review Comments,doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Rapido Rabbit
APPLICANT'S AGENT: Bradley Miller Miller Land Planning Consultants
APPLICANT'S ADDRESS: 282 Pineapple Grove Way Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 6,2005
TYPE OF RELIEF SOUGHT: Request for Conditional use approval for a 4,595 square foot carwash
on a 3.39 acre parcel in an M-1 zoning district.
LOCATION OF PROPERTY: East of Congress Avenue, North of SW 30th Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Rapido Rabbit\DO.doc
DEPARTMENT OF DEVELOPMENT
Memorandum PZ 05-244
TO:
THROUGH:
FROM:
DATE:
Kurt Bressner, City Manager ~
Quintus Greene, Development Director i
Michael Rumpf, Planning & Zoning Director
December 1, 2005
Rapido Rabbit Carwash (CaDS 05-004)
Response to questions regarding carwash equipment and the sound analysis
RE:
Staff continues to pursue the additional information requested for the Commission's review of
the above-referenced project, as represented by the attachments and specific responses provided
herein. Staff has repeatedly requested the specifications on the intended dryer blowers, and on
the date of this memorandum, an additional request was made of the agent. As for answers to
other current questions, please be informed of the following:
1. Staff has a draft agreement for improvements on and sharing of the entryway, and this
includes provisions for maintenance of the landscaping (see attachments);
2. The specifications for the vacuum units are included in the November 27,2005 letter from the
acoustical consultant, and specifications on the blowers are forthcoming;
3. The consultant indicates that the study assumed simultaneous operation of all vacuum units,
that the study did account for the dryer blowers, and there are a total of 3 dryer blowers planned
for the tunnel; and
4. We have not considered a 2nd opinion, or a study of the sound study, given the following:
a. The code only requires such technical sound analysis for the review of night clubs;
b. What has been requested to date is believed by staff to be "reasonable" and submitted
by a qualified individual;
c. The proposed use is a common business and generally similar to others within and
adjacent to the city. Staffhas visited other car washes to experience the magnitude of
sound emitted from the site, and believe that reasonable design measures and best
available technology will prevent any possible nuisance and ensure compatibility. In
light ofthe study indicating sound levels that just meet the sound standards ofthe
city, and possible discrepancies therein, staff continues to pursue possible further
design measures to mitigate sound; and
d. Given the distance to the nearest residential uses and the elements that ultimately
separate the subject properties, and proximity to Congress Avenue which contributes
to the area and should affect the expectations regarding sound within this
environment.
5. We will receive final information from the agent regarding corporate involvement; however,
our understanding is that the party who has filed the application remains unaltered. Subsequent
changes to the site plan (following approval) would be reviewed against the minor-major criteria,
and if/how such changes could intensify the operation of the conditional use. Given its
conditional use status, staff would review very closely the changes. For example, changes that
would increase business such as addition of a vacuum station, tunnel expansion, etc. would
require conditional use approval. However, innocuous changes to landscaping, sign copy, or the
fa9ade, unrelated to operation of the use, would likely be considered "minor".
Staff opines that there remain possible changes to further minimize sound, and until some or all
of them are incorporated into the site, staff maintains its recommendation for tabling. We have
strongly encouraged the agent to consider these recommendations otherwise our
recommendation for tabling will stand, or possibly be modified for approval subject to
incorporation of our recommendations into the plan. The recommendations prioritize the flipping
of the tunnel to orient the exit (and blowers) toward the south, in the opposite direction from the
adjacent neighborhood. Staff also mentioned the wall as still being necessary if the tunnel is not
reoriented. Also if not reoriented, staff may also simply recommend, that the tunnel wall around
the exit be narrower, or at least extended to cover the blowers, to interrupt the outward flow of
sound. From our site visit to the Motor City Carwash, we observed and heard the blowers from
the adj acent residential properties (on the far side of the properties), and realized that they were
only audible when no solid object intervened. A concern of the agent, for the applicant, was the
additional time and review required if the project was redesigned. If staff is able to view the
redesign prior to Commission review, and is generally comfortable that site requirements will be
satisfied similarly, staff would recommend the addition of a comment requiring reorientation of
the tunnel as part of the permit submittal.
MR
Attachments
S:\Planning\SHARED\WP\PROJECTS\Rapido Rabbit\Additional sound infonnation and responses.doc
Monday. October 03, 2003 2:43 PM
MLPC 581738807;
p,01
..
MILLER
LAND
PLANNING
CONSULTANTS, INC.
420 W. Boynton Beach Blvd. '201
Boynton Beach, FL 33435
Phone 561/736.8838
FOlt 561/736.8079
Ernallnlcole@mlpc.net
~JII~ ('~~, ~~ I"~ I
,;1l~11 J',II Ill,) ",:il'
" r,,' 1,./ ',I
J ~ / u r,),:): ., II,' ,'.~
Date: 101312005
Time: 2:43:32 PM
Recipient:
Ed Breese
Pax Number: 742-6239
Company:
CITY OF BOYNTON BEACH
Voice Number: (561) 742-6261
Sent By:
Nicole Simpson
Pages: 4
Subject: Rapido Rabbit - Car Wa8h (Site Plan)
Message:
Ed,
Attached i8 the conlent from for the development of the 8urroundlng property owners and
appllClnt. Plelle let me know if you need anything elle.
Monday, October 03, 200S 2:43 PM
MLPC !e173e8079
\
p.02
.
,
WEINER & ARONSON, PA
AlTORNEYS AT'LAW
The Clerk HOUle
102 North SWInton Avenue
DeIray Beach, Florida 33444
T.ephone: (681)2~2868
Telecopler: (661) 272-8831
E-m.n: mwelner(lzonelaw.com
MICHAEL S. W!lNER
CAROLEJ.ARONSON
JASON a. MANKO"
Kl!RRY SAFIER
PAMI R. MAUGHAM
OF COUNSEl.;
ROBERT MMC ICHWMTZ, P.A.
FIodcII k 8GW CerIIfted
RI8Il!8IItIt LaW)'II'
MlCHAiL R. HARRIS
L.L.M. (In T.-tIon)
September 23. 2005
Mr. Michael Rumpf
DIrector of Planning and ZonIng Oepl
City of Boynton Beach
100 East Boynton Besch Blvd.
Boynton Beach, FIorfda 33425
Re: Rapldo Rabbit
Our File No.= PAUM002
VI. Hand Dellverv
Dear Michael:
Please let this letter serve as Buthorlzation from each of the three property owners
concerning the consent required by Comment 2 of the 3111 Review Comments.
Each of the three owner's signatures below provides Its consent to the constructfon of the
driveway, Installation of landscaping adJscsnt to the driveway and to the maIntenance of the site, an
pursuant to the tenT1S of1he easement Agl9EHl1ent, a copy of which he. been prevfously provided to
the City. This Easement Agreement will be recorded PUl1lU8nt to B closing to occur upon receipt of
Site Plan Approval.
MEGA MINI CO., LTD., a Rorfda lImited partnership
By: Megs MIni Self StonJge Boynton Beach. LLC
Its :General Parb'ler
By;
Its: Member
Monday, October 03, 200S 2:43 PM
MLPC !e173e8079
p.03
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Cllrk House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone; (ee1) 208-2Oee
Tllecopler: (561) 272-6831
E-mail: mwelnerOZonelaw.com
MICHA!L 8. WelNI!R
CAROL! J. ARONSON
JASON I. MANKOFF
KERRY 8AFIER
PAMI R. MAUOHAM
O"OOUNe!L:
ROIIRT MMC 8CHWMTZ, P.A.
Florid. Btr BofId CertIlIed
RuI!atlItIi ~
MICHA!L R. HARRII
L.L.M. (In T.x.tIon)
September 1 e, 2005
Mr. Mlchlel Rumpf
Director of Planning and Zoning Dept.
City of Boynton Beac;h
100 East Boynton Beach Blvd.
Boynton Beach, Florids 33425
Rt: Rapldo Rabbit
OUf FiJe No.: PAUM002
Via Hand Dellverv
Dear Michael:
Please let this letter serve as authorlz8tlon from each of the three property owners
concerning the consent required by Comment 2 of the 31'll Review Comments.
Each of the three owners' signatures below provldea its consent to the construction of the
driveway, Installation of Ilnd8Cllping adjacent to the driveway and to the meintenance of the site, all
pursuant to the terms of the Easement Agreement, I copy of which h.. been previously provided to
the City. This Easement Agreement will be recorded pursuant to a closing to occur upon receipt of
Site Plan Approval.
Agreed end Accepted By:
By.. BOYNTON PROPERTIES, LLC
Its:
7J'!$~ASH'LLC
Its:
MEGA MINI CO., lTD., a Florida limited partnership
By: Mega Mini Self Storage Boynton B ch, LLC
Ita :Gener.1 ;.
By:,-,~.
Ita: Member -
Monday, October 03, 2005 2:43 PM
MLPC S8173e807e
p.04
Mr. Michael Rumpf
September 1e, 200e
Page 2 012
Pi.... contact me should you haw any addltlon.1 concerns.
Very yours,
lUllS. ~
MSW:J.m
cc: Mr. Merk Paulino
Mr. Alejandro Zurita
Henry Portner, Esq.
Mr. Anthony Pug II...
Mr. Bradley Miller
Brian Deuschle, Esq.
Jaeon S. Manko"', Eequlre
O:\PAUMOO2\Letter to MUto Rumpf're consents.doc
'.
CITY OF BOYNTON BEACH
City Attorney's Office
Memorandum
To: Ed Breese, Principal Planner
From:
Jamila Alexander, Assistant City Attorney
p,4
Date: September 15,2005
RE: Rapido Rabbit Carwash Cross-Access Agreement
This memorandum is in response to your request that the Office of the City Attorney review a
draft of the Cross-Access Agreement relating to the proposed carwash on Congress Avenue
(Rapido Rabbit).
The Cross-Access Agreement was prepared to be executed by the owners of three neighboring
parcels granting an access and ingress and egress easement for vehicular and pedestrian traffic
for the Rapido Rabbit Carwash, as described in the Agreement. Furthermore, the City of
Boynton Beach is not an owner of the subject property and will not be a party to this Agreement.
As such, this Office has reviewed the Cross-Access Agreement and it is our opinion that the
terms of the Agreement are sufficient.
Should you have any questions, please feel free to contact the Office of the City Attorney.
JVA
S:\CA \MEMORANDUM\Breese (Rapido Rabbit).doc
PLANNING AND ZONING
MEMORANDUM
TO: James Cheroft City Attorney
FROM: Ed Breeset Principal Planner ~
DATE: August25t2005
SUBJECT: Rapido Rabbit Carwash Cross-Access Agreement
Attached for your review is a copy of a draft cross-access agreement involving the
proposed carwash on Congress Avenue (Rapido Rabbit). Staff, as part of the technical
site plan review processt has requested a cross-access agreement involving three separatet
neighboring parcelst for access and utility purposes. I would appreciate your review of
this information in order that we may pass comments back to the applicant as to
sufficiency. Thank you in advance for your review and do not hesitate to contact me with
any questions you may have.
CROSS-ACCESS AGREEMENT
THIS CROSS-ACCESS AGREEMENT ("Agreement) is made and entered into this _
day of , 2005, by and between BOYNTON PROPERTIES, LLC, a Florida limited liability
company (hereinafter referred to as "BOYNTON") and BOYNTON BEACH CARWASH, LLC a
Florida limited liability company (hereinafter referred to as "CARW ASH") and
, a (hereinafter referred to as
II If). BOYNTON, CARWASH and are sometimes referred
to herein as Owner(s).
... ..
R E C I TAL S:
WHEREAS, is the surr~rlt record owner of the property, more
particularly described in Exhibit "A" (the "BOYNTON Property"); ~,.
WHEREAS, . e'l'ent owner of the property, more
particularly described as Exhibit "B ~'rTrty");
WHEREAS, t e current owner of the property, more
particularly described as Exhibit "C" e "FREIDT Property"); and
WHEREAS, BOYNTON, CARWASH and
this Agreement as hereinafter set forth.
desire to enter into
NOW, THEREFORE, BOYNTON, CARWASH and for good
and valuable consideration, including but not limited to the mutual easements, covenants and
restrictions set forth herein, the receipt of which is hereby acknowledged, do hereby agree as
follows:
1. Recitals
The recitals above are true and correct and are hereby incorporated as if
rewritten herein.
2. Cross-Easements
(A) There is hereby granted the following non-e~clusive access and ingress
and egress easement for use of vehicular and pedestrian tra~c within the area as more
particularly described in Exhibit "0" (the "Cross-Easement") for the benefit of each of the
Owners. their successors, assigns, tenants, customers, agents, employees, guests, licensees
and business invitees, each Owner granting same to the other Owners for and in respect of the
property owned by such Owners which lies within the Cross Easement. The Owners agree not
to build or maintain nor permit to be built or maintained any structure on the Cross-Easement
that would preclude or limit it vehicular and pedestrian traffic of cross-access and for ingress
and egress within the Cross-Easement. All costs and expenses concerning any installation and
construction of the initial installation of the Cross-Easement shall be at the sole cost and
expense of the owner of the Property Owner. The Owners of the
Properties. shall not be required to contribute to the initial
installation of the Cross-Easement.
O:\PAUM002\AUGUST CROSS ACESS EASEMENT.doc
(B) No Owner shall permanently or temporarily park or store in the Cross-
Easement any automobile, truck, equipment, or any other personal property, it being intended
that the Cross-Easement shall be free from obstacles and impediments. In the event due to
construction or re-construction any Owner shall find it necessary to temporarily obstruct, block,
close off or impede the flow of pedestrian or vehicular ingress or egress, such Owner shall
provide reasonable advance notice to the affected Owners and shall use reasonable effort to
minimize the effect on the other Owners and endeavor to complete such construction
expeditiously.
... ...
3. Maintenance and Repair
(A) Each Owner shall maintain, operate and repair the landscaping, lighting,
common areas and utility facilities on its respective property which forms a part of the Cross-
Easement, including any buffer areas adjacent to the front of their respEdt\te properties, at its
sole cost and expense. Maintenance, operation and repair shall be done in a manner that is in
compliance with all laws, ordinances, rules and regulations of the appropriate governmental
authorities. Each Owner shall, at its own expense, supervise, operate, manage, repair, replace
and maintain all improved portions of the common area and utility facilities located on its
respective property which forms a part of the Cross-Easement, in good repair and in a safe and
sound condition, free from refuse, rubbish and dirt and in compliance with all governmental
regulations.
(B) Each Owner shall make all necessary repairs and replacements on the
surface of the parking areas and driveways on the portion of the Cross-Easement owned by
such Owner. is responsible for the property in Exhibit "E."
is responsible for the repairs and replacements on the Property in Exhibit
uF." and Exhibit "G. is responsible for the repairs and replacements on the
repairs and replacements on the Property in Exhibit "H".
(C) In the event any improvements within the Cross-Easement are damaged
or destroyed, the Owner of the property on which such damage has occurred shall promptly
cause the repair, restoration or rebuilding thereof to the extent reasonably practical, but such
Owner shall not be precluded from seeking reimbursement from the responsible party or parties
that may have caused such damage or destruction.
4. Term and Duration
,
(A) The provisions of this Agreement shall b~~perpetual. This Agreement
may be released, modified or amended only by the unanimous consent, in writing, of all the
Owners or their respective successors or assigns, as the case may be.
(B) Except as specifically set forth herein, nothing contained in this
Agreement shall confer any rights on any Owners, their successors, assigns, tenants,
customers, agents, employees, licensees or business invitees.
(C) This Agreement shall be and constitute a covenant running with the land
in the specific manner and mode set forth above and shall be binding upon all parties to this
Agreement a'1d their respective successor~ and assigns and shall inure. to the benefit of and be
enforceable by all parties to this Agreement and their respective successors and assigns.
5. Operations
O:\P AUMOO2\AUGUST CROSS ACESS EASEMENT.doc 2
(A) Each Owner shall, at its own cost and expense, maintain at all times
public liability insurance in an amount no less than insuring against claims on
account of death, bodily injury or property damage that may arise from or be occasioned by the
condition, use or occupancy of the common area on its respective property. Said insurance
shall be written by a reputable insurance company or companies with limits of not less than One
Million ($1,000,000.00) Dollars for bodily injury or death of all persons in anyone occurrence
and for damage to property or such other amounts as agreed upon by all Owners. Each
Insurance Policy shall cover the properties in Exhibits "A," "B," and "e" and each Policy shall
name the other Owners as additional an insured. Each Owner shall provide proof of insurance
to each other Owner showing each such Owner as an additional insured.
.'.
(B) Anything in this Agreement to the contrary notwithstanding, nothing
herein shall prevent any Owner from the construction and completion of buildings or
improvements on such Owner's property as such Owner may desire in ~ 'Owner's sole and
absolute discretion, so long as such buildings and improvements are not located within the
Cross-Easement. In connection with construction and completion of any buildings or
improvements, each property Owner shall be entitled to count such parking spaces as may be
available on such Owner's property but shall not be entitled to count parking available on any
other Owner's property. There shall be no parking within the Cross-Easement. There is no
parking easement.
6. Enforcement
(A) No breach of the provisions of this Agreement shall entitle any Owner to
cancel, rescind or otherwise terminate this Agreement or the applicability to it; but such
limitation shall not affect, in any manner, any other rights or remedies which any Owner may
have hereunder by reason of any breach of the provisions of this Agreement. No breach of the
provisions of this Agreement shall affect or render invalid the lien of any mortgage 9r deed of
trust made in good faith and for value covering any part of any property. Notwithstanding the
foregoing the provisions, this Agreement shall be binding upon and effective against any Owner
whose title is acquired by foreclosure or trustee's sale or any grantee by deed in lieu of
foreclosure or trustee's sale. .
(B) If any Owner shall default in the performance of any of its obligations
hereunder, then any other Owner shall, in addition to all other remedies they may have at law or
in equity, after thirty (30) days prior written notice (except that no notice shall be required in the
event of an emergency), have the right to perform such obligation pn behalf of such defaulting
party and be reimbursed by such defaulting party for the r~,sonable cost thereof, plus
reasonable collection fees if collection is required. Any such claim for reimbursement shall be
secured by a lien thereof and shall attach to the property owned by the defaulting party effective
upon recording of a notice thereof in the Public Records of Palm Beach County, Florida. The
lien rights granted herein will not affect the easements and other rights granted herein to other
Owners of any property and such rights shall continue in full force and effect.
(C) In the event of a breach, or attempted or threatened breach, of any
obligation of this Agreement, the other Owner{s) shall be entitled forthwith to obtain an
injunction to specifically enforce the performance of such obligation, acknowledging the
inadequacy of legal reme~ies and the irreparable harm which would be caused by any such
breach being hereby acknowledged; and/or to relief by all other available legal and equitable
remedies from the consequences of such breach. All costs and expenses of any such
O:\PAUM002\AUGUSTCROSS ACESS EASEMENT.doc 3
proceeding shall be assessed against the defaulting Owner and shall constitute a lien against
the property owned by such defa.ulting Owner, until paid.
(0) No delay or omission of any Owner in the exercise of any right accruing
upon any default or violation hereof, of any other Owner shall impair any such right or be
construed to be a waiver thereof, and every such right may be exercised at any time during the
continuance of such default or violation. A waiver by any Owner of a breach of, or a default in,
any of the terms and conditions of this Agreement by any other Owner shall not be construed to
be a waiver of any subsequent breach of this Agreement.
.... --
(E) , . Enforcement of this Agreement may be filed in a Court of competent
jurisdiction with costs and reasonable attomeys' fees granted to the prevailing party.
7. Interests of Others
~".
(A) Any lien so created by this Agreement shall be effective only upon the
recording of such lien and shall be subordinate to any mortgage applicable to such property at
the time of filing. Notwithstanding the foregoing, nothing herein contained shall be construed as
creating an obligation hereunder upon any mortgagee or holder of other security interest
including deed of trust which is prior to said Mortgagee or holder acquiring title by foreclosure or
otherwise prior to the filing of such lien.
(B) Each Owner shall remove, within thirty (30) days after the filing thereof,
any mechanics', materialmen's or any other similar lien on the other Owners' Properties, or on
its Property if the existence or foreclosure of such lien on its Property would adversely affect the
easement arising by reason of its act or any work or materials which it has ordered. In the event
the defaulting Owner fails to remove any such lien within such thirty (30) day period, any other
Owner may take such action as it or they may deem necessary to remove such lien and
thereafter such Owner shall be entitled to reimbursement from the defaulting Owner. Any lien
rights that arise due to the defaulting actions of any Owner shall also permit such lien rights
against any insurance proceeds, to the extent that such proceeds would or should become
payable.
(C) Nothing contained in this Agreement shall be deemed to be a gift or
dedication of any portion to the general public or for any public use or purpose whatsoever, it
being the intention of the parties hereto that nothing in this Agreement, expressed or implied,
shall confer upon any person, except as specifically set forth in the terms and conditions of this
Agreement. Rights to a third party beneficiary are neither intended'r;lor granted.
(D) Each claim of any Owner arising under this 'Agreement shall be separate
and distinct, and no defense, set-off or counterclaim arising against the enforcement of any lien
or other claim of any Owner shall thereby be or become a defense, set-off, offset or
counterclaim against the enforcement of any other lien or claim.
(E) The Cross-Easement created hereunder shall not be presumed abandoned
by non..,use or the occurrence of damage or destruction of a portion of any Property subject to
the easement unless the Owner benefited by such easement states in writing its intention to
abandon such easement.
O:\P AUMOO2\AUGUST CROSS ACESS EASEMENT.doc 4
8. Interoretation
(A) If any provision of this Agreement, or portion thereof, or the application
thereof to any person or circumstances, shall, to any extent be held invalid, inoperative or
unenforceable, the remainder of this Agreement, or the application of such provision or portion
thereof to any other persons or circumstances, shall not be affected thereby; and each provision
of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
.... .....
(B)
State of Florida.
This Agreement shall be construed in accordance with the laws of the
(C) The Article headings in this Agreement are for convenience only, shall in
no way define or limit the scope or content of this Agreement, and shall not be considered in
any construction or interpretation of this Agreement or any part hereof. ~r . .
(D) Nothing in this Agreement shall be construed to make the Owners hereto
partners or joint ventures or render any of said Owners liable for the debts or obligations of the
other.
(E) Any Owner may, at any time and from time to time, in connection with the.
sale or transfer of its property, or in connection with the financing or refinancing of said property
by bona fide mortgage, deed of trust or sale-leaseback made in good faith and for value, deliver
a written notice to the other Owner(s) requesting such other Owner to execute a certificate
certifying that the Owner making such request is not in default in the performance of its
obligations under this Agreement, or, if in default, describing therein the nature and amount of
any default. An Owner shall execute and retum such certificate within twenty (20) days
following its request thereof. Failure by an Owner to so execute and return such certificate
within the specified period shall be deemed an admission on such Owner's part that the Owner
requesting the certificate is current and not in default in the performance of such Owner's
obligations under this Agreement.
(F) This Agreement may be amended, modified or terminated by the
unanimous written approval of all Owners and duly recorded in the office of the County
Recorder of Palm Beach County, Florida, and shall not otherwise be amended, modified or
terminated during the term hereof. However, the Owner and Owner may
modify the connection between Exhibit "_" and Exhibit "_" without the consent of the
other owners provided that: (i) the overall connection among the pprcels is maintained; (ii) the
other Owners are notified; and (iii) any modifications are duly recq~~ed.
. (G) Wherever in this Agreement it is provided that an action shall be subject
to the consent or approval of the other, such consent or approval shall not be unreasonably
withheld or delayed provided that any such Agreement does not materially or adversely affect
such Owner's property.
(H) Each Owner agrees that no partner or individual of any Owner shall be
personally liable for any liabilities or be required to personally perform any of the covenants of
this Agreement. Any liability of an Owner is limited to the assets of that Owner.
O:\PAUM002\AUGUST CROSS ACESS EASEMENT.doc 5
9. Notices
(A) All notices and demands herein required shall be in writing and shall be
deemed properly given if sent by registered or certtfied mail, return receipt requested, and if to
, addressed to:
... ..
~,.
Each party may change the address to which notices to it are to be sent by notice to the others.
(B) Every notice and demand shall be deemed to have been effective upon
delivery by registered or certified mail, properly addressed as aforesaid, postage prepaid, in the
United States Mail, or three (3) days after posting or via a nationally-recognized overnight
courier services (provided a confirmation is available one {1} day after sent).
10. Indemnification.
(A) Each Owner agrees to hold the other Owners harmless and indemnify such
Owners from any costs and expenses, including reasonable attorneys' fees, arising out of or in
connection with any claims arising out of the use, operations, maintenance and possession of
each other Owner's respective property by any party claiming through such Owner
(B) The
all liens as a result of
Easement.
Owner shall indemnify the other Owners for any and
Owner's construction and/or installation of the Cross-
. .~
rSianatures on next oacel
0:\PAUM002\AUGUST CROSS ACESS EASEMENT.doc 6
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first above written.
Signed, sealed and delivered in the
presence of:
... ..
. Witnessed By:
By:
9RAa
Printed Name:
Its:
By:
By:
I~:~
~
Printed Name:
Printed Name:
Its:
'. )
O:\PAUMOO2\AUGUST CROSS ACESS EASEMENT.doc 7
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was sworn to and subscribed before me this _ day of
,as of
, 2005 by
Signature of Notary Public-State of Florida
.. ..
Print, Type, or Stamp' Commissioned Name of Notary Public
My Commission Expires:
Personally Known _ OR Produced Identification
Type of Identification Produced
~"
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was sworn to and subscribed before me this _ day of
as of
, 2005 by
Signature of Notary Public-State of Florida
Print, Type, or Stamp Commissioned Narne of Notary Public
My Commission Expires:
Personally Known _ OR Produced Identification
Type of Identification Produced
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was sworn to and subscribed before me this _ day of
as of
, 2005 by
" )
Signature of Notary Public-State of Florida
Print, Type, or Stamp Commissioned Name of Notary Public
My Commission Expires:
Personally Known _ OR Produced Identification
Type ~f Identification Produced
O:\PAUM002\AUGUST CROSS ACESS EASEMENT.doc 8
MILLER
LAND
PLANNING
CONSULTANTS, INC.
420 W. BOYTNTON BEACH BOULEVARD, #201
BOYNTON BEACH, FLORIDA 33435
PHONE . 561/736-8838
FAX . 561/73~79
LETTER OF TRANSMITTAL
Date: November 18, 2005
To:
Ed Breese
CITY OF BOYNTON BEACH
PLANNING & ZONING DEPT.
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
Subject:
RAPIDO RABBIT CAR WASH -
SITE PLAN & CONDo USE
We are providing:
l!I Attached
o Under Separate Cover
Via:
o US Mail
l!I Courier IHand Delivery
o Overnight Delivery
o Pick Up
Th'IIw1
eoo ng:
CODles Date DescrlDtlon
1 Noise studv
These are being transmitted as check below:
[!] For your use 0 As requested 0 For your review & comment
o For your reference & file 0 Other as indicated below
Remarks:
Attached for your review is the noise study. The color renderings will be delivered to your
office Monday morning (11.21.05). Please let me know if you need anything else.
cc:
From: Nicole R. Slmoson
.
Joe CUsc.-Ueri
AcousIics ... VIbIation Consultant
2398 NW 38111 Street
Boca Raton, Florida, 33431
TEL: 561 289 7091
FAX: 561 852 1784
November 17, 2005
Mark Paulino
EAST COAST DEVELOPMENT, LLC
4036 Artesa Drive
Boynton Beach, FL 33436
mpaulino@prodiav.net
Re: Boynton Beach Car Wash Facility
Dear Mr. Paulino:
This letter is to report on the findings of the sound level analysis performed for the proposed
site of the Car Wash facility on Congress Avenue north of SW 30th Avenue in Boynton Beach,
Florida. Provided in this letter are the measured sound pressure levels at the property and in
the residential community just north of the proposed site, and estimates of the anticipated
sound levels due to the operation of the car wash facility. Also provided are comparisons of the
anticipated sound levels due to the operation of the car wash facility to the measured
background ambient sound levels and to the permissible noise levels by the City of Boynton
Beach Noise Control Ordinance and the City of Boynton Beach Sound Control Ordinance.
The proposed car wash facility site is located along the east side of Congress Avenue north of
SW 30th Avenue. The proposed carwash site north property line is common to another area
zoned industrial and approximately 200 feet from the south property line of the residential
properties to the north of the site. The site ambient background sound levels has contributions
from traffic noise on Congress Avenue and when traffic is light on Congress Avenue,
contributions from the noise from 1-95 traffic. The anticipated major sources of noise from the
car wash facility, not including the contribution from additional traffic, are the blower fans at the
exit of the car wash building and the vacuum stations on the east of the car wash building. The
blower fans and the car wash building opening closest to the blower fans are approximately 55
feet from the site property line and approximately 255 feet from the residential property line to
the north. The closest VAC unit is approximately the same distances, 55 feet and 255 feet
from the site property line and the residential property line respectively. In between the
proposed car wash site and the residential properties to the north is a vacant lot, which if a
building is placed on this lot will act as a sound barrier and it will mitigate the sound transmitted
from the car wash operation to the residential properties.
To characterize the noise levels at the proposed car wash facility, sound level measurements
were performed at two locations, one within the proposed car wash site property and one along
the south property line of the residential properties north of the proposed car wash facility site.
The sound level measurements were performed on a Saturday moming between 9:00 am and
11 :00 am, as this would be considered the most quiet time with regards to noise from traffic on
Congress Avenue and 1-95. The noise levels at the proposed car wash site and at the
. Page 4 of4
November 17, 2005
Sound Pressure Level
140 dB Threshold of Pain
90 ·
~
80 Average Street Traffic
--.:;...;~
1170
I
:160
1150
20 0 Threshold of Hearing
Joe Cuschieri
Acoustics and Vibla..... ConaIItant
2398 NW 38111 Street
Boca Raton, Florida, 33431
TEL: 5612897091
FAX: 561 852 1784
November 27, 2005
Mr. Ed Breese
City Of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida, 33435
Re: Boynton Beach Car Wash Facility
Dear Mr. Breese:
As per our conversation after the P&Z meeting, please find enclosed copies of the information that I
was given from the applicant that I used to calculate the noise levels from the proposed car wash
facility. I'll be sending you the calculations that explain my results in the next few days. To give you
a brief overview of the information provided, I page numbered the sheets for ease of recognition.
Pages 1 and 2 give the noise levels of the blowers. Page 1 is from the manufacturer of the car wash
equipment SONNY'S, while page 2 is a composition by Rapido Rabbit. Notice that this information is
the same as the one from SONNY'S even though it appears that the blowers are in an enclosure. In
other words this does not take into account the influence of the enclosure. The 75 dBA at 100 feet
with blowers inside a car wash facility are inconsistent with sound level data that I measured for the
same type blowers at 100 feet. My measurements indicate a sound level of 61 dBA at 100 feet. So
use the information on page 2 with some caution.
Pages 3 to 14 relate to the VAC units. Page 3 is a summary of the tests performed, page 4 is a
cross section of the V AC motor, page 5 gives the details of the components, and page 6 shows
some photographs of the measurements set-ups. Pages 7 and 8 give a summary of the V AC noise.
However notice that in this case the information is given is sound Power and not sound pressure.
Sound pressure can be calculated from sound power taking into account the distance from the
source, in this case the VAC unit, to the observer. I'll outline the method that is used to calculate
sound levels from sound power when I send you the calculations. Sones is another way to represent
the sound, but since the City Ordinance does not use this sound metric, we can skip over this
information. Pages 9 to 14 give details for the measurements performed to characterize the noise
from the V AC units. This information supports the summary data in pages 7 and 8. This information
is used if one is interested in the frequencies of the noise and to calculate the quantity reported in
sones. The City Ordinance is written in terms of overall A-weighted sound levels (dBA) hence this
information need not be used except to ensure that there are no distinct tones.
Please review this information and if you have questions do not hesitate to contact me.
Sin re
Jo s ieri, P.E. Ph.D.
Acoustical Consultant
C.C.: Bradley D. Miller, AICP, MILLER LAND PLANNING CONSULTANTS, INC.
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
Owner:
Location:
N/A
North of Miner Road; between Lawrence Road
and Congress Avenue
Description:
Request for Master Plan Modification to reduce
side yard setbacks from ten (10) feet to eight
(8) feet for construction of screened roof
enclosures.
Chairman Wische announced this item has been postponed until the December 22,
2005 Board Meeting that will be the Board's regular meeting date for December.
Motion
Mr. Cwynar moved to continue the Foster Mill master plan modification item until
December 22, 2005. Motion seconded by Mr. Casaine and unanimously carried.
B. Rapldo Rabbit Carwash
Conditional Use
1.
Project:
Agent:
Owner:
location:
Rapido Rabbit Carwash (COUS 05-004)
Bradley Miller, AICP, Miller land Planning
Consultants, Inc.
Boynton Properties, LlC, Anthony Pugliese III
East side of Congress Avenue; approximately
275 feet north of SW 30th Avenue
Description:
Request for Conditional Use and Site Plan
approval for a 4,595 square foot automated
carwash facility and related site improvements
on a 0.88-acre site zoned M-1, Industrial.
Chairman Wische pointed out this item has been pending since March of this year and
has come back to the Board because staff wanted to have a certified noise study
performed and presented to the City. A copy of the noise study performed by Acoustics
and Vibration Consultant, Joe Cuschieri was provided to the members and the
Recording Secretary, a copy of which is on file in the City Clerk's Office.
Ed Breese, Principal Planner, presented the item on behalf of staff and pointed out the
item is a conditional use approval/new site plan for a 4,595 square foot automated
carwash facility. Mr. Breese reviewed the adjacent uses that included the Golfview
Harbor subdivision to the north and the Safe and Secure Storage Facility, zoned M-1, to
the south. Further south is the right-of-way for SW 30th Avenue and developed M-1
industrial property, including Tire Kingdom. To the east is developed industrial property
with offices and warehouses. West is the right-of-way for Congress Avenue and further
west is Manor Care ACLF zoned community-commercial (C-3).
3
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
Mr. Breese explained Attorney Michael Weiner submitted an application for code review
(CDRV 05-001) to allow carwashes in the M-1 zoning district, which was approved by
the City Commission on June 21, 2005. Adoption of the code review now allowed
carwashes as a conditional use within the M-1 zoning district, which is the reason the
Board is reviewing a conditional use, along with the new site plan, for the project.
Having carwashes as a conditional use allows greater scrutiny of reviewing site design,
operational characteristics, and potential impacts on surrounding properties.
Palm Beach County reviewed the proposal and the City received a letter dated February
2, 2005 indicating the proposed project met the County's traffic performance standards.
When staff reviews conditional uses, there are standards for evaluating them. Mr.
Breese discussed some of the items involved in the review as follows:
(1)' Ingress and egress to the subject property.
According to the site plan there are two proposed points of ingress and egress: one
point of access would be off Congress Avenue at the very northwest portion of the
property that would be partially shared with the vacant industrial parcel to the north. The
second point of access is off SW 30th through the Safe and Secure property site. This
road would connect to the east-west road connecting to Congress Avenue.
The applicant has submitted a draft of the required cross access easements that are
required between this parcel and the vacant parcel to the north, as well as the Safe and
Secure site to the south. The City Attorney has reviewed them for sufficiency and they
will have to be executed prior to the first permit being pulled.
(2) Off-street parking and loading areas, with emphasis on glare, noise, and
odor effects that the conditional use would have upon adjacent and nearby
properties.
The site plan provides for 18 regular parking spaces and one handicapped space that
were demonstrated on the site plan.
Attorney Tolces pointed out that this is the first time the Board has actually heard the
application for conditional use and site plan approval.
Mr. Breese pointed out the locations of the parking spaces located on the west side of
the carwash. The parking area is landscaped on all four sides to minimize noise and
glare from the headlights of customers' vehicles. The wash tunnel openings have
additional landscaping above the curb requirements at varying heights to provide a
dense vegetation barrier to the inner workings of the carwash and to screen the vehicle
stacking and exiting movements from the carwash.
The parking lot light fixtures are proposed at 20' in height and staff has conditioned the
baffling of the fixtures to prevent glare and light spillage onto adjacent properties.
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
Additionally, staff recommended that the illumination be reduced to security lighting
within one (1) hour following the closing of the business every night.
Staff has required a second landscape buffer that would be placed along the north side
of the entrance exit on Congress Avenue to increase the visual and sound barrier for
the neighborhood to the north. Golfview Harbor is approximately 200 feet from the
carwash site and separated by a vacant industrial parcel, yet to be developed, plus the
canal. Staff. felt that the introduction of the following made the project a viable one, and
the site plan met the intent of the code by introducing increased compatibility, plus the
following: (a) buffering based on the landscaping, (b) distance separation, (c) design
characteristics, (d) limiting the business hours, (e) baffling of the light fixtures, (f)
illumination reduction to security lighting, (g) turning the power off to the mechanical
equipment at closing and (h) increasing the landscape buffer. Staff is recommending
that the hours of operation be 7:00 a.m. to 7:00 p.m.
Mr. Breese next enumerated all the landscaping that would be placed at the site. Staff
has also recommended installing decorative buffer walls along the north, south and east
buffers around the carwash tunnel to help shield the inner operations of the carwash,
soften the look of the vehicle stacking, blocking the headlights as vehicles exit, and
assisting with the noise associated with the vehicles leaving the carwash tunnel and the
mechanical equipment.
The applicant has expressed a concern about placing walls in the locations
recommended by staff and requested installing the additional landscape buffer in place
of the wall. Staff recommended that all landscaping installed at the project be installed
in a mature full state to provide instant screening. The City Forester would inspect the
installation of the landscaping. However, staff is still recommending the placement of
the walls.
The proposed building meets aU setback requirements of the M-1 zoning district and is
generally compatible with adjacent properties and other properties within the zoning
district, including the other automotive related industrial uses within the Congress
Avenue Corridor. Mr. Breese pointed out that automotive uses are currently allowed in
the M-1 zoning district.
The general design of the building utilizes some of the same type of building elements
as the Safe and Secure building immediately to the south, including roof material and
color. The project appears to be compatible with other uses within the M-1 zoning
district. The traffic approval letter from Palm Beach County indicated the project would
generate 196 new daily trips with peak hour trips being 14 in the morning and 14 in the
afternoon.
The remaining compatibility issues are operational in nature and involve noise and
visual effects. The applicant proposes to minimize these effects by using dense
landscaping buffers.
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 2.2, 2005
Staff requested and received the sound study that the members were provided. Staff is
further requiring that all mechanical equipment be turned off at the close of business
each day and the lighting on the site be reduced to security lighting within one hour
following the close of business each day.
In conclusion, the sound study appeared to demonstrate compliance with the City's
noise ordinance. Mr. Breese pointed out that staff does not have the technical expertise
to definitively make this determination. As a result, staff would like more time to review
the information, prepare questions based on what is contained in the study and
potentially bring in a professional to assess the study. Based on this, staff is
recommending that the item be postponed.
Mr. Cwynar inquired if any of the trees would be vulnerable to hurricanes. Mr. Breese
responded that live oaks are better than many trees in withstanding the types of storms
that have occurred recently, but it is possible that they could go down during a storm as
well. Mr. Cwynar also inquired if there were any overhead power lines around ~e
perimeter of the site. Mr. Breese said there were power lines on Congress Avenue. Mr.
Breese pointed out the heaviest landscaping is located along the north, east and south
perimeters of the project and pointed out the location of the landscaping on the plans.
Mr. Cwynar would like to make certain that whenever staff reviewed landscaping, they
review it in conjunction with the location of the power lines, so the landscaping would
not intertwine with power lines. Mr. Breese felt that the City's Forester looked at this
when he reviewed landscape plans.
With regard to the sound study, Mr. Cwynar reviewed the letter quickly. However, he did
not feel it was necessary to obtain another engineer to do another study, because the
engineer that performed the study is a certified engineer, PhD and an acoustical
consultant. He summarized in his report that the environmental noise impact from the
operation of the proposed carwash facility is insignificant to the resident!al properties
north ofthe proposed site.
Attorney Mike Morell, in the audience, voiced an objection. Chairman Wische requested
he take his seat until it was his time to speak. Attorney Morell continued to object.
Chairman Wische explained when the Board was done speaking, the public hearing
would be opened. Attorney Morell again objected for failure to follow quasi-judicial
procedures. Chairman Wische again requested Attorney Morell sit down.
Mr. Breese felt staff's review of the noise study revealed the number fell very close to
the tolerance allowed in the code. He pointed out there was not much data on how the
consultant arrived at his calculations.
The blowers in the carwash have a decibel level of 79 in an open environment. The
report indicated immediately outside' the structure, the decibels drop to 69. At the
property line, to the residential area to the north, it dropped to 59. There were no
6
'.
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
formulas shown how the consultant arrived at these figures. As a result, staff is
uncertain about the report.
Attorney Tolces explained that the Board's typical process during these meetings is to
have staff make their presentation and then have the applicant make their presentation.
Attorney Morell went to the podium and contended Chairman Wische had not followed
court procedures. He noted that Chairman Wise he allowed members to ask staff
questions, which is appropriate. However, Mr. Cwynar voiced his opinion. Attorney
Morell stated the Board should refrain from expressing their opinions since this was a
quasi-judicial proceeding. Attorney Morell pointed out Chairman Wische did not swear
ex-parte communications at the beginning of the proceeding. The City's code imposed
all quasi-judicial restrictions on the Planning and Development Board that applied to the
City Commission.
Attorney Morell recommended that the Board grant staffs request to postpone the case
one month and get it all re-noticed and get it right the next time. Attorney Morell said he
represented the Chiodos and the Maloneys. At this point, Attorney Morell sat down.
Chairman Wische requested Attorney Morell provide his address. Attorney Morell
responded his address was P.O. Box 18649, West Palm Beach, Florida.
Attorney T olces informed the members they were free to make comments and ask
questions as the case proceeds. .
Ms. Jaskiewicz questioned if the carwash was actually consistent with the other auto
related businesses in the area, such as Tire Kingdom. She pointed out people going to
Tire Kingdom enter the premises from the side street Ms. Jaskiewicz felt the project
was not compatible with the uses along Congress Avenue. She also pointed out an
elementary school was located across the street, plus residential homes and a nursing
facility. In order to enter the carwash when coming from the north, a u-turn would have
to be made. Ms. Jaskiewicz was opposed to having a carwash at this location.
Mr. Saberson noted when the request was made to add carwashes as a conditional use
in the M-1 zoning district, the City engaged Michele Mellgren and Associates to do a
study to determine what uses should be allowed on Congress Avenue. Mr. Breese
explained the Commission placed a Notice of Intent (NOI) immediately following this
request and a consultant was brought in to look at the M-1 zoning throughout the City.
The study is ongoing and is nearing conclusion. Mr. Saberson inquired if any
determination had been made in the study that carwashes are appropriate along
Congress Avenue in the M-1 District. Mr. Breese was not aware if the consultant had or
had not recommended that carwashes would be appropriate along Congress Avenue.
Mr. Saberson noted that a petition signed by 2,000 people opposed to the project had
been presented to the City. Mr. Breese acknowledged a petition had been signed, but
he was unaware of the exact number. Mr. Baldwin stated that on June 21, 2005 a
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
petition with approximately 2,000 signatures was handed to the City Commission
opposing a carwash in this area.
Mr. Baldwin referred to the shared road off Congress Avenue, half of which would be on
the vacant land. He noted there were trees on the vacant land and he inquired who
would be planting and maintaining the trees. He inquired if the applicant had the legal
right to use the roadway in back of the self-storage facility. Mr. Breese pointed out that
there are cross access easements and agreements that have been entered into and this
is the responsibility of the applicant.
Mr. Saberson inquired when the NOI study would be completed. Mr. Rumpf responded
that the NOI had been extended for three months and would expire in January 2006.
Mr. Rumpf explained the study period originally was for 180 days to study the M-1
regulations in the areas currently zoned M-1. Preliminary findings have been provided to
staff and questions and comments have been forwarded to the consultant. Staff is using
this time to finalize recommendations and make clarifications.
Mr. Saberson inquired if the NOI was to put all applicants in the M-1 zoning district on
notice that their applications may be reviewed in conjunction with the results of the NOI
study. Mr. Rumpf said the results of that study would not apply to this project because
this application was submitted in advance of the execution of the NOI. It will state what
could and could not occur on properties currently zoned M-1 prior to expiration of the
NOI. Ms. Jaskiewicz pointed out the dearth of M-1 zoning in the City and questioned
why the study would not apply to current projects. Mr. Rumpf noted only this application
would not be included in the study.
Mr. Casaine inquired if the Board would be allowed to comment after the applicant
made his presentation and the proceedings were turned over to the public. Chairman
Wische agreed with this procedure.
Mr. Breese noted the cross-access agreements are not only with the property owner to
the north, but also with the property owner to the south, which is the storage facility.
Therefore, there are two points of ingress and egress and would not necessitate u-turns
on Congress Avenue, even though they could still occur.
Michael Weiner, 209 S. Seacrest Boulevard, Boynton Beach, assumed the podium
and noted he was present for a conditional use and for the record, there is only one
condition of the 36 conditions that they do not agree with. The only thing he anticipated
discussing was the wall. Attorney Weiner requested to address some procedural
situations and noted this Board is a recommending body and the item will be referred to
the City Commission for a vote. Attorney Weiner informed Attorney Morell that he would
not cede the microphone to him during his presentation. Attorney Weiner asked
Assistant City Attorney Tolces if he would like to address the Board's procedures.
8
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
Attorney Morell objected and Attorney Weiner duly noted Attorney Morell's objection.
Attorney Weiner pointed out the hearing was quasi-judicial, not judicial and is not like a
court proceeding.
Assistant City Attorney T olces reported that the Planning and Development Board heard
matters that are quasi-judicial for a recommendation to the City Commission. The Board
hears from staff, asks questions and makes comments. The applicant then makes their
presentation and the Board can ask the applicant questions, make comments and
address certain issues. Following this, the Chairman would open up the public hearing
for testimony and information presented by the public. The Board can also ask
questions of the members of the public that have been sworn in. After that, the public
hearing is closed and a motion could be made, discussion could take place and a vote
could be taken for a recommendation to the City Commission on the application before
the Board.
Attorney Weiner said since the public would be speaking, he requested that the Board
allow him a few moments of rebuttal to respond to what the public had to say. Attorney
Weiner also asked the Board members if they would like to disclose any contacts they
might have had. Attorney Morell objected. Attorney Weiner duly noted Attorney Morell's
objection. Chairman Wische requested that Attorney Morell sit down, otherwise he will
be requested to leave the building since Chairman Wische felt Attorney Morell was
disrupting the meeting.
Attorney Weiner asked the members to announce any ex-parte communications they
may have had.
Chairman. Wische received a telephone call from Attorney Morell that was on his
answering machine. Chairman Wische did not return the call because Attorney Morell
wanted to meet with him to discuss the case. Chairman Wische did not wish to meet
with anyone to discuss matters that he would be voting on until they appeared before
the Board. This was the only reason he did not return the call; there was no intent to be
discourteous. Chairman Wische felt it was improper for him to meet with Attorney
Morell.
Assistant City Attorney Tolces added that Board members could during the hearing,
disclose any ex-parte communications they may have had. When the ex-parte
communication is disclosed, it is deemed non-prejudicial because it would be on the
record.
Attorney Morell shouted a motion to voir dire the declaration of ex-parte communication.
Chairman Wische warned Attorney Morell not to interrupt the proceedings.
Assistant City Attorney Tolces added that the Chairman is authorized under ~2-11 of the
City Code that once a warning has been given to an individual, and that person does
not comply with the Chairman's request, the Chairman could have that person removed
from the Chambers.
9
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2006
Attorney Weiner responded that Attorney Morell could have the microphone, duly noting
all of his objections, and he could make them at that time, and not interfere with the
applicant's presentation.
Mr. Saberson reported that he spoke with Commissioner Ensler concerning this matter.
Mr. Baldwin reported that he spoke with Commissioner Ensler on the telephone.
There were no other ex-parte communications revealed.
Attorney Weiner inquired if the conversations the Board members had with the elected
Commissioner prejudiced their vote and they responded it did not.
Originally Attorney Weiner explained he was present to discuss a carwash that resulted
in 146 trips, 14 at peak hours, on a road that carried 20,000 to 30,000 cars per day. He
did not think they could have a project on the site that would generate less traffic. The
carwash is approximately 4,900 square feet on 9/1Oths of an acre that covered less
than 15% of the property. The building is actually 15% feet lower than allowed and was
located 55 feet from the north property line, but it could have been 15 feet.
Attorney Weiner noted they were not trying to force the building upon everyone in the
neighborhood. The project contained more landscaping than required by code. The
carwash is no longer a Rapido Rabbit carwash because they lost the franchise because
the applicant was required to be too garish.
Attorney Weiner discussed ingress and egress to the site and how the traffic would be
handled to provide 200 feet of stack-up. It only took three minutes to wash a car;
therefore there would never be enough cars in the stack-up zone to get close to the
street. The carwash is designed with all extra expenses. The only people near the site
live 250 feet across the canal. He pointed out the carwash is a permitted use. Other
permitted uses are towing companies with outside storage. His client wanted the project
to look good, not garish and to make it fit and become the hometown carwash.
Attorney Weiner noted to obtain a conditional use approval there are 12 standards to be
met and they have met them all. He pointed out there is a 13th requirement that
required a sound report for bars and nightclubs, but the applicant was agreeable to
obtaining one for his project, even though it was not required. A copy of the report had
been previously distributed. Attorney Weiner noted there were 13 pages of technical
data in the file regarding the vacuums and central blowers of the carwash. Mr.
Cuschiere, that performed the study, is present to answer any questions.
Attorney Weiner noted that when people purchased their homes in Golfview Harbor,
they knew what surrounded their homes that included M-1 zoning. The applicant is a
concerned owner that wants his business to look good. Attorney Weiner pointed out the
project was compatible with the area and, in fact, even improved the area.
10
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
Attorney Weiner reported Steve Boudreau was present and is an expert in the
operations of carwashes. He is available to answer any operational questions. Also, Mr.
Bradley Miller, the land Planner, was present.
Attorney Weiner requested to address the wall that staff was requesting. He felt that
landscaping and shrubbery would be much better than a wall. If they built a wall, it
would be subject to graffiti, maintenance, and crime. He felt putting up a masonry
straight wall would be a step backwards. The noise study indicated the project would
not create noise in excess of the code. The City has a Code Enforcement Division for
this purpose. He felt it was foolish to require another noise report, when they voluntarily
provided a report that was not required. He pointed out the item would not go to the City
Commission until December 6th, which would provide the City sufficient time to have
another study done. Attorney Weiner requested the Board make a recommendation so
the project could move forward. They want to be a good neighbor and show people that
seem to have a hatred for the carwash, that the applicant is not their enemy and the
. project is a good project.
Mr. Casaine had a question for Steve Boudreau.
Steve Boudreau, 275 Eliot Street, Beverly, Massachusetts assumed the podium.
Mr. Casaine asked Mr. Boudreau if he was familiar with Motor City Carwash. Mr.
Boudreau was aware of it. Mr. Casaine was familiar with Motor City Carwash as far as
its operation and noise and asked Mr. Boudreau if he could compare the noise level of
Motor City Carwash to the applicant's facility.
Mr. Boudreau reported that Motor City Carwash has a central vacuum system and when
pulling into the site the vacuum hoses were visible. A central vacuum system is the
noisiest system. The applicant's facility does not have this type of vacuum system. It will
have small self-service individual units. The blowers inside the carwash are muffled.
The blowers at Motor City are somewhat similar to the applicant's blowers.
Ms. Johnson asked Attorney Weiner if they were agreeable with the hours of operation,
Le. 7:00 a.m. to 7:00 p.m. Attorney Weiner responded they were in agreement with the
hours. Ms. Johnson inquired if the business would operate seven days per week and
was informed that it would.
Ms. Jaskiewicz pointed out there are other carwashes located near the applicant's site
at Woolbright Road. Those two establishments have ingress and egress from two
different streets. She felt this was a big' difference from the applicant's ingress and
egress. Attorney Weiner responded the applicant's site has two ingresses and
egresses as well. In addition, there will be a monument sign indicating how to enter the
carwash. People would make a turn at the light, go around the backside and enter the
carwash that would be safest way to enter the site. There is a right turn only onto
Congress Avenue.
Chairman Wische opened the public hearing.
11
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2006
Mike William Morell, P.O. Box 18649, West Palm, Beach stated he is an attorney and
practices land use and administrative law. He was present on behalf of his clients, Dr.
Christopher and Mrs. Linda Chiodo and Christopher and Natalie Maloney that own
property immediately north of the project site.
Attorney Morell pointed out Dr. Chiodo has been a resident of the City for over 32 years
and is very active and supportive of the City's redevelopment endeavors. He was
representing Dr. Chiodo and his wife as residents that are being adversely affected by
the project. Attorney Morell requested that Ms. Chiodo stand up and be recognized.
Attorney Morell's other clients, Christopher and Natalie Maloney, were also present.
Attorney Morell requested he be allowed to point out on the map where his clients live in
relation to the project.
Natalie Maloney, 1460 SW 28th Avenue, took the podium and pointed out where she
lived on the map. Ms. Maloney also pointed out the location of the Chiodo's property.
Attorney Morell noted the Chiodo's property is vacant land and they live at 2515 SW
13th Court, which is Golfview Harbor Terrace. Dr. Chiodo intended to use the vacant lot
to build a home for his daughter who recently married.
Attorney Morell pointed out the issue before the Board is whether the City of Boynton
Beach applies consistent rules to the location of carwashes throughout the City and
whether or not the carwashes are compatible with residential uses.
Attorney Morell apologized for making the earlier objections, but noted a lawyer has a
duty to his clients to make a record. When the Board departed from the procedures in
the code with regard to how quasi-judicial proceedings are conducted, he felt it was
necessary to make the objections. Attorney Morell also apologized if he offended
anyone.
Attorney Morell pointed out that Mr. Weiner noted on the record that this was a quasi-
judicial proceeding after the proceeding had already begun. It was most unusual that
the declaration of ex-parte communications did not occur at the beginning of the
meeting and Board members began to ask questions of staff. He noted that Mr. Cwynar
innocently voiced an opinion as to whether or not another expert opinion was needed.
Attorney Morell felt Mr. Cwynar did this in good faith. Normally when a Board declares
an ex-parte communication, they normally declare whom they spoke to, the nature of
their communications and declare whether or not that person has an open mind on the
issue and is still capable of making a decision based on all the evidence heard. Since
this was not done in this case, Attomey Morell requested to preserve that objection.
Chairman Wische called for point of order and asked Attorney Morell why he thought
the Board made a decision prior to what he brought up. Attorney Morell felt it was
improper for Board members to voice opinions before they have heard all of the
testimony in the proceeding. Attorney Morell felt Mr. Cwynar voiced an opinion in good
faith, but he felt what he said could be cured if Mr. Cwynar told Attorney Morell,
12
. .
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
notwithstanding what he said, he was capable of hearing all of the evidence before he
made a decision on the issue.
Chairman Wische responded that all Board members have a duty to the City. This is a
pro bono Board, but they follow City Codes and Ordinances. Speaking for all Board
members, Chairman Wische noted members receive their backup material prior to the
meetings and have an opportunity to study the material before they meet. When they
attend the meeting, members listen to the applicant, the public hearing is declared,
questions are asked, and after everyone has been heard, Chairman Wische would call
for a motion. He was offended that Attorney Morell implied that the members were not
acting correctly. Chairman Wische pointed out that he is the Chairman, he runs the
meeting and he vouches for the Board. He did not want to hear any insinuations that
they are doing anything wrong.
Attorney Morell said he was duty bound for his client to make a record. He requested to
present an objection that Chairman Wische was not allowing him to present an oral
presentation. He said that quasi-judicial decorum allowed him to make presentations,
but requested to move on. Chairman Wische said he could move on, but he should be
cautious about what he said about the Board.
Attorney Morell said his client had a right of free speech to say whatever she believed
before the Board. If his clients cannot say what they believe, Attomey Morell felt it was
evidence that the City's procedures have been violated. He further stated Chairman
Wische was wrong as a matter of law, and the Board was denying citizen participation.
Attorney Morell wished to address Mr. Saberson's question to staff regarding the
application of the NO!. He stated the NOI was adopted for the study of the M-1 zoning
district that recognized the vested rights of applicants that submit applications before
changes are made in the code. An NOI is actually a moratorium that stopped
applications from being submitted until the City decided on how it wanted to proceed.
Therefore, if the City decided to amend the Code that stopped the application process,
Attorney Morell felt the applicant had no vested rights. He would only agree with staff if
the City chose to take the study and amend the Code.
This is a quasi-judicial proceeding and the case at hand is a conditional use application.
Information within that study, even at this stage and regardless of its content, would be
the best evidence whether the application met the existing regulations. Attorney Morell
pointed out the application makes major findings on the City's six M-1 zoning districts. It
also contained a great many interesting comments about the district in which the site of
the application is located. He would request, in addition to staffs request, that the
Board postpone the item until staff had an opportunity look at the study.
Attorney Morell noted that on Friday, staff did not have the sound study and staff was
recommending that the matter be delayed until the study was received. The study has
now been received; however, staff is still asking for additional time to review it. Attorney
Morell would like more time to review the information and felt the City's rules of public
13
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2006
"
participation should afford his clients the right to look at the sound study. He asked
Attorney Weiner before the meeting to delay the matter, but he was not agreeable to
doing this.
Attorney Morell noted the matter would be on the City Commission's agenda for
December 6th. Attorney Weiner sent a letter to the City Commission informing them that
he had a conflict that night and must be in Delray Beach and Boynton Beach the same
night. As a result, Attorney Weiner requested that Delray Beach place his item at the top
of the agenda and Boynton Beach to put their item at the end of the agenda. Attorney
Morell fe" this was against public participation. His clients worked hard to gather 2,000
signatures protesting the carwash and they had a chance to be heard during the
rezoning hearings. He would like them afforded the same courtesy on the conditional
use hearing. He felt that having the matter on the agenda at 11 :00 p.m. was too late for
people to be heard.
Attorney Morell requested the matter be continued for one month to allow him time to
find an expert to do an additional sound study that would address Mr. Cwynar's
question if another study were necessary. Attorney Morell questioned the fact that Mr.
Cwynar, after his question was answered, voiced an opinion that they did not need any
more information on the sound study to make a recommendation.
Mr. Casaine interpreted this to mean that Attorney Morell was accusing a Board
member of stating there was no need for another study. What Mr. Cwynar actually said
was why would another opinion be needed. Further, Mr. Casaine requested that
Attorney Morell refrain from reminding the Board members of their responsibilities
because it was not necessary.
Mr. Casaine requested that a time limit be set for Attorney Morell to speak because
there are other people that would like to speak. Attorney Morell took offense to this
remark and inquired if Attorney Weiner was allowed to speak longer than he was.
Chairman Wische requested Attorney Morell stay with the issue at hand.
Attorney Morell said there is an issue whether the City's Planning and Development
Board is required to follow all of the City's quasi-judicial procedures.
With regard to the issue of public participation that Attorney Morell continued to raise,
Chairman Wische pointed out it was this Board that instituted public hearings many
years ago. Chairman Wische noted this Board conducted public hearings on every
issue.
Attorney Morell stated the interruptions continue to deprive him of his right to make his
record. Attomey Morell requested he be allowed to voir dire those Board members that
declared. ex-parte communications, which he equated to three.
Attorney Morell noted Chairman Wische acknowledged his telephone call, but did not
call him back. Attorney Morell asked Chairman Wische if spoke with anyone else about
14
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
the application to allow carwashes in the M-1 zoning district as conditional uses since
the adoption of the ordinance. Chairman said he did not speak with anyone to his
knowledge. Attorney Morell asked Chairman Wische if he spoke with anyone previously
and Chairman Wische asked Attorney Morell if he was on trial.
Attorney Tolces announced that the Board members have complied with their
responsibilities under the City's ex-parte communications and are under no obligation to
answer any questions posed by Mr. Morell. Attorney Morell disagreed, but would
reserve his objections.
Attorney Morell stated this is a case whether the City fairly applied its existing
regulations for allowing carwashes and whether all neighborhoods are treated the
same. Attorney Morell felt there is a difference in the way the law is being applied in the
City.
The minutes of the City Commission Meeting of October 21, 2003 show the City applied
variances to a carwash located in Commissioner McCray's district called the Marouf
Carwash and was approved over the objections of the neighborhood residents. When
the vote was taken, Commissioner McCray opposed the variances. At the next
Commission meeting, a motion was made to rescind the quasi-judicial variance on the
grounds of incompatibility. Over the objections of the. City Attorney regarding possible
legal ramifications, the City reversed its vote and the variances were rescinded 5-0.
Attorney Morell requested that the Commission minutes of October 21, 2003 and
November 18, 2003 be included with the minutes of this meeting. Attorney Morell
provided copies to the Clerk.
Chairman Wische requested Attorney Morell sum up his testimony. Attorney Morell
asserted that his rights have been denied because of all the side bar interruptions.
Mr. Saberson requested that Attorney Morell be provided five more minutes to sum up
his presentation. Chairman Wische granted Attorney Morell three minutes for
summation.
Attorney Morell noted there was no clock running, to which Chairman Wische took
offense to the comment. Attorney Morell requested to discuss the wall. He noted the
staff report recommended a wall be constructed on the applicant's property. The
applicant is requesting shrubbery in place of a wall. This is the only condition in dispute
raised by Attorney Weiner. Attorney Morell stated there are legal and impact grounds
why the wall should be placed between the carwash and his clients' properties. They
have tried to ask the developer to place the wall to obstruct sight and sound that he
considered a reasonable condition. He noted the wall placed by the self-storage facility
proved beneficial to Golfview Harbor, and he would like this wall extended to the
carwash property as well. If the wall were extended out to Congress Avenue, it would
mitigate the noise. Attorney Morell felt this Board has the right to ask that the wall be
15
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
placed on the joint property, since the applicant has refused to place the wall on his
property .
Klaus Weyers, 1079 Kokomo Key Lane, Delray Beach, Florida, was amazed at how
the proceedings have gone tonight. Mr. Weyers was a real estate agent. He sells
property in Boynton Beach and plays tennis in Caloosa Park. He would like to have a
carwash in the vicinity so after he plays tennis, he could get his car washed.
Mr. Weyers pointed out there has been no regard for the business people that have
purchased the property and invested their money. He felt they were being required to
jump through hoops for more than one year to get their project approved. He thought a
great deal of money was being spent needlessly. He requested that the Board approve
the carwash.
Ken Sengage, 201 East Boynton Beach Boulevard, would like to see the case
postponed so that additional sound studies could be conducted. He felt the sound study
indicating 69 to 70 decibels is inaccurate. He owned the carwash across from City Hall
and his blowers put out 110 decibels according to his sound meter. He would
recommend that the case be postponed for one month until the sound studies are done
properly .
Mr. Saberson said if the conditional use application was filed after the Notice of Intent,
he felt the results of the application would be subject to the NO!.
Attorney Morell responded that the applicant filed their application prior to the NOI
taking effect. This was not the issue according to Attorney Morell. The issue is whether
the information could be used for purposes of makhlg decisions on the conditional use
application. Attorney Morell was not going to represent that the applicant should not
have vested rights to any subsequent changes to the ordinances that are made as a
result of the report. Attorney Morell stated the applicant had vested rights with regard to
any changes in the LOR. He felt, however, the information in the report is relevant
whether a conditional use application should be granted.
Attorney Weiner inquired if the Board would be amenable to allow him a rebuttal and
Chairman Wische instructed Attorney Weiner to give his rebuttal at this time.
. Attorney Weiner referred to the. one house that was north of the property and was, in
fact, only a short distance from Congress Avenue. He noted the acoustical engineer
reported that the background traffic on Congress Avenue either equaled or exceeded
the carwash blowers. He pointed out that this person purchased the house knowing that
it was located next to Congress Avenue. Attorney Weiner did not feel that a carwash
located 250 feet from the house would disturb the occupants of that house.
Attorney Weiner also pointed out that the owner of the house could build their own wall
or fence if they so desired. He also noted the project has exceeded the standards set by
the code and they provided an acoustical report, which they were not required to do. He
16
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2006
also pointed out, except for himself and staff, no one else addressed the 12 standards
that must be met under Section 11.0 for granting a conditional use. Attorney Weiner
requested the Board look at those standards when considering the request for a
conditional use approval.
Attorney Weiner concluded his report
Mr. Casaine noted that he and the other Board members consider the
recommendations and look at the analysis of staff when items come before the Board.
He is proud of staff's work and felt they did an excellent job for the City. The Board does
not always go with staff's recommendation and may have criteria of their own, but the
Board is committed to the City.
Mr. Casaine addressed whether the carwash would be compatible with other uses in the
area and he felt it would be. He pointed out Tire Kingdom, located across the street, is
in an industrial area. He went out to the site several times to make sure the carwash
would not interfere with the lifestyle of the nearby residents.
Mr. Casaine noted that Motor City Carwash is directly across the street from Santaluces
High School and next door to a grammar school. In addition, there are very nice homes
that surround Motor City carwash. He pointed out when you stood outside Motor City
Carwash there was very little noise, except for a slight humming. This carwash has nine
blowers operating at full blast.
With regard to Main Street Carwash, Mr. Casaine noted the noise that emanates from
that carwash far exceeds other carwashes that he visited. He pointed out he was a
customer of Main Street Carwash.
If Mr. Casaine thought the noise from the carwash would disturb the nearby residents,
he would make sure buffers to shield the noise were installed. However, this is not the
case and he did not feel it was necessary for the project. Mr. Casaine felt a carwash
along Congress Avenue would make less noise than the traffic along Congress Avenue.
He referred to the acoustical study that was provided to the members. He did not feel,
even though staff was recommending it, that another study be done. With regard to
other developments in the area, Mr. Casaine felt they should not even be in the picture
because they are not near the site.
Mr. Casaine was ashamed the City put businesspeople through the exercise that has
taken place tonight. In his opinion, there was no justification to deny the carwash, since
this Board previously approved Motor City Carwash.
Ms. Jaskiewicz asked Mr. Casaine if he spoke so passionately when the carwash in
Commissioner McCray's district was being considered and asked why that carwash was
not allowed. Mr. Casaine said he supported that carwash as well and spoke in favor of
approving it before the City Commission. The reason why the Marouf carwash was
disapproved was due to the concern of the residents that lived in the neighborhood.
17
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
They spoke at the meetings citing illegal activities taking place near the Marouf property
that had nothing to do with what was being discussed tonight.
Chairman Wische closed the public hearing.
Mr. Saberson favored staff's request for another acoustical study before this Board
considered the application. He felt that noise was the biggest consideration for the
project.
Chairman Wische pointed out the project had been tossed around. No matter what the
applicant agreed to, staff found another issue to deal with and the project kept getting
postponed. Chairman Wische noted several carwashes have been built in the City and
he was not aware of any carwash being required to obtain a certified acoustical study.
He was surprised that staff again wanted to postpone the item in order to obtain another
acoustical study. If staff wanted another study done, they could do so prior to the
Commission meeting in December. He was not in favor of delaying the project any
further because it was not fair to the applicant.
Motion
Mr. Casaine moved that the request for Conditional Use and Site Plan approval for a
4,595 square foot automated carwash facility and related site improvements on a 0.88-
acre site zoned M-1, Industrial be approved with all staff conditions, with the exception
that the buffer be the buffer indicated by the applicant.
Ms. Jaskiewicz inquired if Mr. Casaine intended to eliminate the wall recommended by
staff. Mr. Casaine said this was correct.
Ms. Johnson seconded the motion.
Vote
The Recording Secretary called the roll. The motion carried 4-3 (Ms. Jaskiewicz, Mr.
Saberson and Mr. Baldwin dissenting).
Recess was declared at 8:28 p.m.
The meeting reconvened at 8:40 p.m.
Attorney T olces reported that Mr. Saberson left the meeting and it would be in order to
ask the new alternate to assume his place. Ms. Grcevic replaced Mr. Saberson at the
dais.
c. Nautica
Master Plan Modification.
1.
Project:
Agent:
Nautica (MPMD05-012)
Troy Cool and Robert Williams
18
Page 1 of2
Prainito, Janet
From: Prainito, Janet
Sent: Thursday, December 29, 2005 11 :24 AM
To: Bressner, Kurt
Subject: RE: Letter to Mr. Miller- Rapido Rabbit
I will put a copy in Central File and keep a copy with the original agenda packet. Thank you.
)ClV'vet M. PYClLV'vLto, C-MC-
c-LtU C-Leyf~.
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Phone: (561) 742-6061
FAX: (561) 742-6090
email: Prainitoj(iilci.bovnton-beach.f1.u5
From: Bressner, Kurt
Sent: Thursday, December 29,2005 11:10 AM
To: Prainito, Janet
Subject: FW: Letter to Mr. Miller- Rapido Rabbit
This is the letter that went out to the petitioner yesterday. Joyce can get you a signed copy for your files if you
need it. Commission was faxed the letter also.
Kurt
From: Bressner, Kurt
Sent: Wednesday, December 28,2005 10:55 AM
To: Costello, Joyce
Cc: Greene, Quintus; Rumpf, Michael; Cherof, James
Subject: Letter to Mr. Miller- Rapido Rabbit
Draft letter - please review and advise Joyce if ok. We need to send/fax today.
Need inside address
By FAX and US Mail
Re: Rapido Rabbit Car Wash - Site Plan/Conditional Use Application
Dear Mr. Miller:
Michael Rumpf forwarded a copy of your letter dated December 27, 2005 withdrawing your request that the site
plan/conditional use permit application for Rapido Rabbit Car Wash continuation to January 17, 2005. You now
are requesting the matter be heard by the City Commission on January 3, 2005. No reasons were given in your
letter for the new date. Please be advised, we have not received the requested information in support of your
application as requested by staff. The matter before the City Commission on January 3rd will be solely that of
scheduling this matter to a date certain. This will allow all interested parties to receive notice and an opportunity
12/29/2005
Page 2 of2
to participate in the public review of your proposal. The agenda for January 3rd is completed. There are a
number of key staff personnel handling this matter who are out of the office until next week. Therefore, please be
advised that staff will continue to recommend to the City Commission that your case not proceed until the
information requested by staff has been received and has been reviewed.
Sincerely,
Kurt Bressner
City Manager
Cc: City Commission
James Cherof, City Attorney
Michael Weiner Esq.
Quintus Greene, Development Director
Michael Rumpf, Planning and Development Director
12/29/2005
Prainito, Janet
From:
Sent:
To:
Cc:
Subject:
Rumpf, Michael
Wednesday, December 28, 2005 9:54 AM
Bressner, Kurt; Prainito, Janet
Greene, Quintus; Cherof, James
Rapido Rabbit Car Wash
FYI, we have recieved a letter from the agent requesting that the initial postponement request be withdrawn, and that the
item be heard on the January 3rd meeting. The letter was copied and is being delivered for your files. Be informed that
staff has not received revised sound data, nor any clarification on sound equipment planned for the facility.
Mike
1
MILLER
LAND
PLANNING
CONSULTANTS, INC.
420 W. Boynton Beach Boulevard
Suite #201
Boynton Beach, Florida 33435
PHONE . 561/736-8838
FAX . 561/736-8079
December 27, 2005
.. --~.,._--------_.,--_...__.
PLANNING AND
ZONING DEPl
\ r. \ \
Wi
I
I
I
J
Michael Rumpf
CITY OF BOYNTON BEACH
PLANNING & ZONING DEPARTMENT
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
\~( ~c~;~"
Re: Rapldo RabbH Car Wash
Site PlanjCondHlonal Use Application
Dear Mr. Rumpf:
This letter is to hereby withdraw our prior request and ask that this application be heard at the
January 3, 2006 hearing before the City Commission. We will continue to gather and will provide
you with more detailed information on the car wash equipment as it becomes available.
Sincerely,
MILLER LAND PLANNING CONSULTANTS, INC.
~ D
Bradley D. ~CP
President
~
cc: Michael S. Weiner Esq.
Mark Paulino
01/06/2002 00:13 5617426259
Friday, Cecember 18,2005 4;44 PM
PLANNING
MLPC 58173eS079
PAGE 02
p.02
MILLER
LAND
PLANNING
CONSULTANTS, INC.
420 W. BOynton
SuIte #201
Boynton Beach. fforido ~
PHoN! . 561 (l3ir8838
F.u . 5l>1/13it-SD79
DeOMnber 16. 2005
Michael Rumpf
CITY OF BOYNTON BEACH
PLANNING & ZONING DEPAATM&NT
tOO e. Boynton Beach BouIevad
Boynton Beach. R. 33425-0310
~e: Raptdo IcIbbI ear WGlh
.. PIon AppIcalon
/
iJJ
Dear Mllce:
We are reque.Ulng to postpone our item for the CIty commission from Jonuary 3. ~ to JClI"lUtJrY
1 P'. 2006. W. ore ftnoJIzIng the sound data for the carwosh per your request. Please COIf ourofflee
if you have ortf questions.
Sincerely,
MILLER LAND PlANNING CONSUlTAN'IS.INC. ...
~.~
cc: Mork ptoufno
Michael s. werner. Esq.
Pot TUCker
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VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 6, 2005 November 14,2005 (Noon.) D February 7, 2006 January 17,2006 (Noon)
D December 20, 2005 December 5, 2005 (Noon) D February 21, 2006 February 6, 2006 (Noon)
[gJ January 3, 2006 December 19,2005 (Noon) D March 7, 2006 February 21,2006 (Noon)
D January 17, 2006 January 3,2006 (Noon) D March 21,2006 March 6, 2006 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM [gJ Public Hearing D Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Establish a date certain to conclude review of application for conditional use and site plan.
EXPLANATION: This matter was considered at the Commission's December 6, 2005 Commission meeting as a
public hearing item. The Applicant is seeking approval of a conditional use to operate a car wash and approval of a site plan.
Following an extensive quasi-judicial hearing, a motion to deny the application failed by a vote of 2 - 3. A subsequent
motion to approve the car wash with a condition was made and seconded. Prior to a vote on the motion to approve a
subsidiary motion to postpone was made and seconded. The subsidiary motion passed 3 - 2. Although no specific date for
resumption of the matter was fixed, it is appropriate that this matter be returned to this (January 3rd) agenda as public notice
requirements are in play. The Applicant has requested that the matter be continued to the January 17,2006. The Applicant's
request should be considered by the Commission in establishing a continued hearing date when the Commission deliberation
can be concluded and a vote taken on the main motion to approve.
PROGRAM IMP ACT: None
FISCAL IMPACT: None
ALTERNATIVES: Conclude Commission deliberation and fmal vote on pending motion to approve the application
fo, condition.) u" ond ,ite pl.n. I } ": ,,~ _ ~'ii_ N~1l ~~ O~.
~C--/;;fJt< ~ v-~ '^"IfVC/Y-~
DepaI1l1'1'ent Head's Signature City Manager's Signature ~
~ITY ATTOlhV~
Department e
~--..
~
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Page] of2
Prainito, Janet
From: Prainito, Janet
Sent: Thursday, December 29, 2005 11 :24 AM
To: Bressner, Kurt
Subject: RE: Letter to Mr. Miller- Rapido Rabbit
I will put a copy in Central File and keep a copy with the original agenda packet. Thank you.
)ClV\-et M. 'PY-ClLV\-Lto, CMC
CLtt) CLedz
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Phone: (561) 742-6061
FAX: (561) 742-6090
email: Prainitoi@>ci.bovnton-beach.fI.us
From: Bressner, Kurt
Sent: Thursday, December 29,2005 11:10 AM
To: Prainito, Janet
Subject: FW: Letter to Mr. Miller- Rapido Rabbit
This is the letter that went out to the petitioner yesterday. Joyce can get you a signed copy for your files if you
need it. Commission was faxed the letter also.
Kurt
From: Bressner, Kurt
Sent: Wednesday, December 28, 2005 10:55 AM
To: Costello, Joyce
Cc: Greene, Quintus; Rumpf, Michael; Cherof, James
Subject: Letter to Mr. Miller- Rapido Rabbit
Draft letter - please review and advise Joyce if ok. We need to send/fax today.
Need inside address
By FAX and US Mail
Re: Rapido Rabbit Car Wash - Site Plan/Conditional Use Application
Dear Mr. Miller:
Michael Rumpf forwarded a copy of your letter dated December 27,2005 withdrawing your request that the site
plan/conditional use permit application for Rapido Rabbit Car Wash continuation to January 17, 2005. You now
are requesting the matter be heard by the City Commission on January 3, 2005. No reasons were given in your
letter for the new date. Please be advised, we have not received the requested information in support of your
application as requested by staff. The matter before the City Commission on January 3rd will be solely that of
scheduling this matter to a date certain. This will allow all interested parties to receive notice and an opportunity
12/29/2005
Page 2 of2
to participate in the public review of your proposal. The agenda for January 3rd is completed. There are a
number of key staff personnel handling this matter who are out of the office until next week. Therefore, please be
advised that staff will continue to recommend to the City Commission that your case not proceed until the
information requested by staff has been received and has been reviewed.
Sincerely,
Kurt Bressner
City Manager
Cc: City Commission
James Cherof, City Attorney
Michael Weiner Esq.
Quintus Greene, Development Director
Michael Rumpf, Planning and Development Director
12/29/2005
Prainito, Janet
From:
Sent:
To:
Cc:
Subject:
Rumpf, Michael
Wednesday, December 28, 2005 9:54 AM
Bressner, Kurt; Prainito, Janet
Greene, Quintus; Cherof, James
Rapido Rabbit Car Wash
FYI, we have recieved a letter from the agent requesting that the initial postponement request be withdrawn, and that the
item be heard on the January 3rd meeting. The letter was copied and is being delivered for your files. Be informed that
staff has not received revised sound data, nor any clarification on sound equipment planned for the facility.
Mike
1
MILLER
LAND
PLANNING
CONSULTANTS, INC.
420 W. Boynton Beach Boulevard
Suite #201
Boynton Beach, Florida 33435
PHONE . 561/736-8838
FAX. 561/736-8079
December 27,2005
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Michael Rumpf
CITY OF BOYNTON BEACH
PLANNING & ZONING DEPARTMENT
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
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PLANNING AND
ZONING DEPl
Re: Rapldo RabbH Car Wash
Site PlanjCondHlonal Use Application
Dear Mr. Rumpf:
This letter is to hereby withdraw our prior request and ask that this application be heard at the
January 3, 2006 hearing before the City Commission. We will continue to gather and will provide
you with more detailed information on the car wash equipment as it becomes available.
Sincerely,
MILLER LAND PLANNING CONSULTANTS, INC.
~ D
Bradley D. ~CP
President
~
cc: Michael S. Weiner Esq.
Mark Paulino
01/06/2002 00:13 5617426259
Friday, Cecember 16, 2005 4;44 PM
PLANNING
MLPC 58173eS079
PAGE 02
p,02
MILLER
LAND
PLANNING
CONSULTANTS, INC.
SuIte #201
Boynton Beach. fforido ~
PHoN! . 561 {l3ir8838
F.u . 5(.1/13it-SD79
I)e08mber 16.2005
Michael Rumpf
CITY OF BOYNTON BEACH
PlANNING & zONING DEPAATMENT
tOO e. Boynton Beach Boulevard
Boynton Beach. R. 33425-0310
~e: RGptdo IcIbbI Car WGlh
.. PIon AppIcalon
Dear Mllce:
/
(f;;
We are requMtIng to postpone our item for the CIty commission from Jonuary 3. ~ to JClI"lUtJrY
1 P'. 2006. W. ore flnahing the sound data for the car wash per your reqUeSt. PIttoSe COIf our offlee
if you have ortf questions.
Sincerely,
MILLER LAND PlANNING CONSUlTANlS.INC. ...
~.~
cc: Mork l"'ouIno
Michael s. Werner. Esq.
PotTueker
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D December 6, 2005
D December 20, 2005
cgJ January 3, 2006
D January 17,2006
December 5, 2005 (Noon)
D February 7, 2006
D February21,2006
D March 7, 2006
D March 2], 2006
January ]7,2006 (Noon)
November 14,2005 (Noon,)
February 6, 2006 (Noon)
December 19,2005 (Noon)
February 21, 2006 (Noon)
. ---<\
NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
cgJ Public Hearing
D Bids
D Announcement
D City Manager's Report
March 6, 2006 (Noon)
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January 3, 2006 (Noon)
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D Development Plans
D New Business
D Legal
D Unfinished Business
D Presentation
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RECOMMENDATION: Please place this request on the January 3,2006 City COnmllssion Agenda under
Public Hearing. The City COnmllssion tabled this item at the December 6, 2005 meeting to allow the applicant additional
time to submit updated information on the planned tunnel equipment and corresponding sound analysis. For further details
pertaining to the request, see attached Department Memorandum No. PZ 05-209 and the addendum Memorandum PZ 05-244
with attachments.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Rapido Rabbit Carwash (COUS 05-004)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Boynton Properties, LLC, Anthony Pugliese III
East side of Congress Avenue, approximately 275 feet north of SW 30th Avenue
Request for Conditional Use and Site Plan approval for a 4,595 square foot automated car
wash facility and related site improvements on a 0.88-acre site zoned M-I, Industrial.
PROGRAM IMP ACT: N/A
nSCALIMPACT: N/A
ALTERNATIVES: N/A
Devel~
City Manager's Signature
Pla~~d~ifITecto' City Attorney / Finance / Human ",",0"",",
S:\P]anning\SHARED\WP\PROJECTS\Rapido Rabbit\Agenda Item Request Rapido Rabbit Carwash.2 COUS 05-004 1-3-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-209
TO:
Chair and Members
Planning & Development Board
~
Michael Rum;t10
Director of Planning and Zoning
Ed Breese ~
Principal Planner
THRU:
FROM:
DATE:
October 14, 2005
PROJECT:
Rapido Rabbit Carwash / COUS 05-004
REQUEST:
Conditional Use / New Site Plan approval for a 4,595 square foot
automated carwash facility
PROJECT DESCRIPTION
Property Owner: Boynton Properties, LLC (Anthony Pugliese III)
Applicant: Miller Land Planning Consultants, Inc.
Agent: Mr. Bradley Miller
Location: East side of Congress Avenue, approximately 275 feet north of SW 30th
Avenue (see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Industrial (I) / Light Industrial (M-1)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
4/595 square foot automated carwash facility
Acreage:
0.88-acres
Adjacent Uses:
North:
Undeveloped industrial property zoned Industrial (M-1), then farther north is
right-of-way for the LWDD L-28 canal, and farther north is a residential
subdivision (Golfview Harbour);
South:
Safe & Secure Storage zoned Industrial (M-1), then farther south is right-of-
way for Southwest 30th Avenue, and farther south is developed industrial
property (Tire Kingdom), zoned Industrial (M-1);
Rapido Rabbit Carwash - COUS 05-004
Page 2
Memorandum No. PZ 05-209
East:
Developed industrial property (office / warehouses), zoned Industrial (M-l);
and
West:
Right-of-way for Congress Avenue, then farther west is commercial property
(Manor Care ACLF), zoned Community Commercial (C-3).
BACKGROUND
Mr. Bradley Miller, agent, is seeking conditional use / new site plan approval for a 4,595 square foot
automated carwash facility on a vacant parcel of industrial property immediately north of the Safe &
Secure Storage business located on the east side of Congress Avenue at SW 30th Avenue. Attorney
Michael Weiner submitted an application for Code Review (CDRV 05-001) to allow carwashes in the M-l
zoning district, which was approved by the City Commission on June 21, 2005. As a result, carwashes
are a conditional use in the M-1 zoning district, which allows greater scrutiny in reviewing site design,
operational characteristics and potential impacts on surrounding properties. Additionally, the City
Commission adopted a Notice of Intent (NOI) on April 19, 2005 to provide time for the study and
recommendation of the use of M-1 zoned properties, design characteristics associated therewith and
possible amendments to the Land Development Regulations. A consultant has been hired and
recommendations will be forthcoming shortly. Since the development application was submitted prior to
the effective date of the NOI, it will not be subject to the recommendations of that study. Relative to
traffic generation, Palm Beach County Traffic Engineering in a letter dated February 2, 2005, indicated
the proposed project meets the Traffic Performance Standards of Palm Beach County. However, no
building permits may be issued after the build-out date (2007). If approved, the construction of the
'Juilding and related site improvements would occur in one (1) phase.
STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and Zoning
Division's evaluation of the application as it pertains to each of the standards.
The Planning & Development Board and City Commission shall consider only such conditional uses as are
authorized under the terms of these zoning regulations and, in connection therewith, may grant
conditional uses absolutely or conditioned upon the conditions including, but not limited to, the
dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined
necessary for the protection of the surrounding area and the citizens' general welfare, or deny
conditional uses when not in harmony with the intent and purpose of this section. In evaluating an
application for conditional use approval, the Board and Commission shall consider the effect of the
proposed use on the general health, safety and welfare of the community and make written findings
certifying that satisfactory provisions have been made concerning the following standards, where
applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
in case of fire or catastrophe.
According to the site plan, there are two (2) proposed points of ingress/egress to the carwash site
(Parcel "8//). The first point of ingress/egress is located on Congress Avenue and is shared with the
Rapido Rabbit Carwash - COUS 05-004
Page 3
Memorandum No. PZ 05-209
parcel to the north, at the northwest comer of the property. This drive is 26 feet in width and runs in
an east/west direction. The second ingress/egress point is an existing drive off of SW 3rfh Avenue,
running in a north/south direction and connecting to the east/west drive off of Congress Avenue.
This second drive is the ingress/egress for the Safe & Secure Storage site immediately south of the
proposed calWash. Access through this site (Parcel ':4 /j is proposed through a cross-access
easement agreement that will be required as a Condition of Approval. The applicant has submitted a
draft of the required agreements between all parties, which has been reviewed for sufficiency by the
Legal Department. These agreements will need to be executed and recorded prior to the issuance of
the first building permit (see Conditions of Approval). Both driveway widths appear to meet code
requirements. These access points adequately address the needs of typical vehicular circulation as
well as that of emergency vehicles and sanitation equipment.
2. Off-street parking and loading areas where required, with particular attention to the items in
subsection above, and the economic, glare, noise, and odor effects the conditional use will have on
adjacent and nearby properties, and the city as a whole.
According to Chapter 2/ Section 11.H.~ no fewer than four (4) parking spaces shall be provided for
any non-residential use. Howeve0 the Land Development Regulations do not specifically address the
parking requirements for automated car wash facilities. The site plan depicts 18 regular parking
spaces and 1 handicap parking space. Each parking space has an accessible vacuum cleaner that is
shared with the adjacent space. Other than the parking space for the one employee, it would appear
the main purpose for the parking spaces is for the vacuuming out of the vehicle interiors by the
owner of the vehicle. The parking area is landscaped on all four sides to minimize noise and also
glare from the headlights of patron s cars. The wash tunnel openings have been provided with
additional landscaping at varying heights to provide a dense vegetative barrier to the inner workings
of the calWash itself and to screen the vehicle stacking and exiting movements from Congress
A venue and the residential properties to the north as well as acting as a sound buffer for the
mechanical equipment associated with the site. The parking lot lighting fixtures are proposed at 20
feet in height and a staff condition requires baffling of the fixtures in order to prevent glare and light
spillage onto adjacent properties. Additiona//~ staff recommends that illumination simply be reduced
to security lighting within one (1) hour following closing each night (see Conditions of Approval).
Last/~ staff has also required a second landscape buffer to be placed on the north side of the
entrance/exit drive off of Congress Avenue to increase the visual and sound barrier for the
neighborhood to the north.
The residential neighborhood to the north (Golfview Harbour) is approximately 200 feet from the
calWash site, and separated by a vacant industrial property yet to be developed and a canal. Coupled
with the proposed buffering, it is staffs determination that the site plan meets the intent of the Code
relative to compatibility and buffering, based on the landscaping., distance separation design
characteristics, and also staff conditions involving the limiting of business hours, baffling of the light
fixtures, illumination reduction to security lighting within one hour of closing, turning off power to
mechanical equipment at time of closing and an increased landscape buffering. Additionall~ staff has
requested a professional sound study be performed to ensure sound levels leaving the site will be
within tolerances defined within the Code of Ordinances (60 decibels between the hours of 7 AM &
10 PM). Should the study indicate, or staff determine, additional mitigation is necessary, buffer walls
have been recommended to be added to the proposed landscape buffer.
Rapido Rabbit Carwash - COUS 05-004
Page 4
Memorandum No. PZ 05-209
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
The site plan (Sheet SP 1) shows that the dumpster location is situated near the northeast corner of
the site, a minimum of 200 feet from the residential properties to the north, and oriented in an east-
northeast direction. The dumpster would be screened with enclosure walls and landscape, in
accordance with Chapter 9, Section 10.C] of the Land Development Regulations. The dumpster
location is positioned in such a way as to facilitate the efficient removal of trash.
4. Utilities, with reference to locations, availability, and compatibility.
Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water
and sanitary sewer are available for this project.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The Site Plan (Sheet SP 1) states the proposed pelVious area of the parcel equals 11,085 square feet
or 29% of the total site. The Landscape Plan (Sheet L -1) indicates that approximately 85% of the
trees and 74% of the shrubs and groundcover would be native.
The proposed landscape buffers contain Live Oak, Pigeon Plum, Gumbo Limbo and Green
Buttonwood trees, Sabal and Montgomery palms and a row of Redtip Cocoplum hedges. Additionally,
staff recommended the installation of decorative buffer walls in the north, south and east buffers
around the calWash tunnel to help shield the inner operations of the calWash, soften the look of the
vehicle stacking area and assist in the blocking of headlights of vehicles exiting the tunnel as well as
assisting in the reduction of noise leaving the site associated with the mechanical equipment. The
applicant expressed concern over the look of walling in the calWash and uncertainty as to the ability
to place a wall along the east side of the tunnel in a very narrow planting strip (Staff notes that
there are alternative wall materials and designs that, along with landscape plantings, could fit in this
narrow space). Staff then suggested working with their neighbor, the owner of the vacant industrial
parcel to the north, to consider placement of a masonry buffer wall along his north property line to
assist in the potential abatement of any adverse views or noise affecting the residential properties in
Golfview Harbour. When this vacant industrial parcel is developed, the fact that it abuts a residential
neighborhood will require that a masonry wall be installed with any development approval. Instead
the applicant proposes to increase the amount of landscape material within these buffers to, in
effect, create a landscape barrier. The Landscape Architect has provided typical buffer cross-
sections, which depict dense/compact vegetation areas proposed to screen views and dampen noise.
According to Sheet L -1, these buffer areas around the calWash tunnel would be planted with two (2)
foot tall coco plum hedge, three (3) foot tall cat palms, seven (7) to eight (8) foot tall ligustrum and
fourteen (14) foot tall live oak trees. These cross-sections are depicted "Not To Scale" (N. T.S.). Staff,
as a condition of approval recommends that the cross-sections be provided drawn to scale and that
the landscape material be installed in a mature/full state to provide instant screening. The City
Forester would then inspect project construction to ensure that plant material is installed as depicted
in the cross-sections on Sheet L -1 prior to issuance of a Certificate of Completion.
The developer has designed the calWash building so that the tunnel openings are oriented in a
north/south direction, to limit views to the internal operations from motorists driving on Congress
Avenue, in compliance with the Community Design Plan section of the code. The landscape material
as discussed above would also help screen views from this thoroughfare.
Rapido Rabbit Carwash - COUS 05-004
Page 5
Memorandum No. PZ 05-209
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
The monument sign is proposed to be eight (8) feet tall by eight (8) feet wide on a 1.5 foot pedestal
base, with required landscaping. Staff recommends the monument sign be reduced in height to be
more in scale with the proposed building, and designed to look less hke a large square, by
incorporating some of the building features into the design, enhancing the base and adding details
representative of the project, pursuant to Chapter 9 (Community Design Plan) of the Land
Development Regulations. The sign colors are proposed to be the same as the body colors of the
building, Kilim Beige (light beige) and Sand Trap (dark beige), with eight (8) inch aluminum letters
painted China Red to match the signage on the building, on the directional signs on the calWash
property and the Safe & Secure Storage signs next door. The wall signage is proposed to be 24" high
channel letters in the same China Red color. The menu board and directional signage ('calWash
entrance'; "exit" and "do not enter" signs) would also be painted to match the building, with 3" and
4" high red lettering.
7. Required setbacks and other open spaces.
The proposed building would meet all setback requirements of the M-l zoning district The code
requires a 15-foot front setback, and the site plan indicates a 15-foot setback is being provided. This
front setback would place the building in line with the Safe & Secure Storage building immediately to
the south. A side setback of 15 feet is required on one side and zero on the other. The site plan
depicts approximate building setbacks of 55 feet to the north and 70 feet to the south. The code
requires a 20-foot rear setback, and the site plan indicates a setback of approximately 100 feet is
being provided. As noted above, the building has a 15-foot front setback like Safe & Secure Storage
immediately to the south, which allows for the parking to be at the rear of the building. Also, by
having the building fOlWard on the lot, the stacking lanes for storage of vehicles waiting to enter the
calWash tunnel are mostly shielded from the motoring public on Congress A venue. As mentioned
earlier in the report, the calWash tunnel is approximately 200 feet south of the nearest residentially
zoned property (Golfview Harbour), and is separated by a vacant industrial parcel and the right-of-
way of the LWDD L-28 Canal.
As noted earlier, the Site Plan (Sheet SP 1) states the proposed pervious area of the parcel equals
11,085 square feet or 29% of the total site. The majority of the green space on the site is located in
the 15 foot setback between the building and Congress Avenue, with the required seven (7) foot
landscape buffer and the plantings along the foundation of the carwash tunnel. Other green
areas/open spaces occur around the entrance/exit of the calWash tunnel within landscape islands in
the parking lot and along both sides of the north/south and east/west ingress/egress drives.
8. General compatibility with adjacent property and other property in the zoning district.
In general the proposed use is compatible with the other automotive related industrial uses within
the Congress A venue corridor (Tire Kingdom, Jiffy Lube, National Transmissions, Ace Auto Repair
and Race Part Solutions). Automotive related uses are currently allowed in the M-1 zoning district
that encompasses this property and runs the length of the east side of Congress A venue from the
LWDD L-28 Canal south to approximately Neptune Drive.
Rapido Rabbit Carwash - COUS 05-004
Page 6
Memorandum No. PZ 05-209
The general design of the building utilizes some of the same type of building elements as the Safe &
Secure Storage business immediately to the south (roof materials and color and paint seledion for
the body of the building). The principle building and trim colors (earth tones) are consistent with the
colors of structures in the general vicinity. The main body portion of the exterior wall area would be
painted a light beige color (Sherwin Williams - "Kilim Beige" #6106). The stucco base and accent
paint would be a slightly darker beige color (Sherwin Williams - "Sand Trap" #6066). The trim color
would be white (Sherwin Williams - "Divine White" #6105). The standing seam metal roof and
awnings are proposed to be ''Hemlock Green'~ These colors would be identical to the Safe & Secure
Storage building immediately to the south.
The project appears to be compatible with the other uses within the M-1 zoning district. The
compatibJ1ity issues revolve around the residential properties approximately 200 feet to the north of
the site and possIbly the pending outcome of the study and recommendation of the use of M-1 zoned
properties, design characteristics and any associated amendments to the Land Development
Regulations proposed by the consultant or staff. Although those recommendations wJ11 not directly
affect this projecC it may affect the future development of parcels within the vicinity. As far as the
compatibility with the residentially-zoned properties, the carwash proposes two (2) points of
ingress/egress to facilitate ease of maneuvering to enter and exit the site, one off of Congress
Avenue and one off of SW 3dh Avenue, through the Safe & Secure site. The traffic approval letter
from Palm Beach County Traffic Division indicates that the project would generate 196 new daily
trips, with the peak hour trips being 14 AM and 14 PM during the busiest (rush hour) traffic times on
Congress Avenue. The remaining compatibility issues are operational in nature, involving noise and
visual effects. The applicant proposes to minimize these effects through the use of dense landscape
buffers. Staff has requested detailed sound information, prepared by a professional in the field, to
demonstrate compliance with City code relative to noise and nuisances. Staff additionally has
recommended business hours of dusk to dawn, however not to exceed 7 PM, that all mechanical
equipment be turned off at the close of business each day, and that the lighting of the site be
reduced to security lighting within one (1) hour following close of business each day (see Conditions
of Approval).
9. Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The maximum allowable building height in the M-1 zoning district is 45 feet. The building was
designed as a one (1 )-story structure, approximately 29 feet - 6 inches in height to the top of the
highest parapet. The buJ1ding would not exceed the district's maximum height limitations and would
be compatible in comparison with the neighboring industrial and residential properties.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
According to the applicanC "There will be no adverse effects on adjacent or nearby properties. There
will be positive effects for the City with increased tax revenue'~ Based on its distance to nearby
residential properties, site buffering and landscaping, and limits on hours of operation, staff opines
that there would be no negative effect on nearby properties, pending submittal and satisfactory
results of a professional sound study,
Rapido Rabbit Carwash - CO US 05-004
Page 7
Memorandum No. PZ 05-209
11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter
19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review).
With incorporation of staff comments, the proposed project would comply with all requirements of
applicable sections of city code.
12. Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to
the City of Boynton Beach Noise Control Ordinance.
With incorporation of all conditions and staff recommendations contained herein, the proposed
project should operate in a manner that is in compliance with the above-referenced codes and
ordinances of the Oty of Boynton Beach. In many instances, a typical project may receive Oty
approvals and If complaints were generated regarding the operational aspects of the business, Code
Compliance would be asked to inspect the premises to determine if violations of the code exist, such
as a noise complaint. When the Oty reviews a project not allowed by right, but a project listed as a
Conditional Use, extra caution is exercised in the review to determine its compatibility with
neighboring property and its operational characteristics are scrutinized. If additional information is
required to help staff determine this compatibility and compliance with Oty codes, a request for the
necessary data is made. In this particular case, staff has requested detailed sound information,
prepared by a professional in the field, to demonstrate compliance with Oty code relative to noise
and nuisances. The applicant has indicated they will be providing this information, however it was
not available at the time of preparation of this staff report. As such, we are recommending
postponement of this item until such time as the study is submitted and reviewed by staff.
RECOMMENDATION
Based on the information contained herein and the outstanding data requested and required by staff
from the applicant and their consultants, staff recommends that this request for conditional use be
postponed until such time as the necessary sound study is submitted and reviewed by staff.
S:\Planning\SHARED\WP\PROJEGS\Rapido Rabbit\Staff Report.doc
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CONGRESS A\oENUE
BOYNTON BEACH. FlORIDA
1002 E NEWPORT CENTER DR. SVtTE lOI
DEmAnD 8EAO-I. fLORIOA A'" COO1878
PH. (9S") 427-8848 F"AX (954) 427-9929
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EXHIBIT B
Conditions of Approval
Project name: Rapido Rabbit
File number: COUS 05-004
Reference: 3rd review plans identified as a Conditional Use/New Site Plan with an October 11,2005 Planning
Z d ki
& omng ate stamp mar ng.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. The plans depict a roadway to be constructed on the adjacent Parcel B, X
which is clearly indicated as "Not Included" in this submittal. An
irrevocable cross-access agreement between Parcels A, Band C for ingress-
egress purposes will be required.
2. Show all off-site improvements required for this project. The proposed X
roadway on the north is symmetrical around that property line. Show that
the adjacent property owner is in agreement with this proposal.
3. Separate permits will be required from Palm Beach County for the proposed X
Congress Ave. curb cut.
UTILITIES
Comments:
4. Palm Beach County Health Department permits will be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
5. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments)
with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by insurance underwriters,
whichever is greater. (CODE, Section 26-16(b)).
6. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within seven (7) days of site
plan approval, whichever occurs first. This fee will be determined based
upon final meter size, or expected demand.
7. Water meter size shall be based on the demand for the volume anticipated X
for the car wash. Please provide engineering calculations, or any
explanation of the demand.
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
8. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
9. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates);
they will be reviewed at the time of construction permit application.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
10. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART process does not
ensure that additional comments may not be generated by the Commission
and at permit review.
11. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
12. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
13. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART process does not
DEPARTMENTS
INCLUDE REJECT
ensure that additional comments may not be generated by the commission
and at permit review.
14. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
15. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
16. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are
readily available.
17. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S. 373.216.
18. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a. The full name of the project as it appears on the Development
Order and the Commission-approved site plan.
b. The total amount paid and itemized into how much is for water
and how much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
19. At time of permit review, submit separate surveys of each lot, parcel or X
tract. For purposes of setting up property and ownership in the City
computer, provide a copy of the recorded deed for each lot, parcel or tract.
The recorded deed shall be submitted at time of permit review.
20. A permit from the EP A shall be required prior to the submittal of plans for a X
building permit. The car wash shall comply with F.A.C. Rule 62-660.803.
The local EPA office can be contacted at 561-681-6600.
21. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
22. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
Conditions of Approval
4
I DEPARTMENTS I INCLUDE I REJECT I
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
23. Building shall be designed utilizing the 2004 Florida Building Code. X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments:
24. . Applicant must grade the property to the north canal to Lake Worth X
Drainage District specifications.
PLANNING AND ZONING
Comments:
25. A single sign style (such as cabinet, channel, reverse channel) shall be used X
for wall signage. Note code limitation on non-word depictions. Provide
calculations of areas for determining compliance with the Land
Development Regulations.
26. The monument sign as proposed is plain and unadorned and should be X
reduced in size to be more in scale with the building. Additionally, the sign
should be made more compatible with the building style to transform its
boxy appearance.
27. Provide a landscape cross-section C Detail of a 450 angle at the southwest X
comer and northwest comer of the site. Additionally, remove the N.T.S.
(not to scale) label on the cross-sections and depict landscape to scale,
adjusting the size of the plant material on the plant list if necessary, to
provide an instant landscape barrier at time of planting. Cross-sections A, B,
& C should be comparable for these planting areas on the exit end of the
tunnel as well.
28. The applicant has agreed there will be nothing other than automated or self- X
service features as part of this Conditional Use application. Any future
requests for other services (wax, upholstery cleaning, etc.) would require a
new Conditional Use review/approval.
29. Provide executed and recorded CODV of the cross-access easement with X
DEPARTMENTS INCLUDE REJECT
Parcel A, prior to issuance of first building permit.
30. Access off of Congress A venue is only partially on your parcel. Provide X
executed and recorded copy of the cross-access easement with the parcel to
the north, prior to the issuance of first building permit.
31. The drainage depicted on sheet C-I depicts drainage improvements crossing X
onto Parcel A. Provide executed and recorded copy of this easement with
Parcel A, prior to the issuance of first building permit.
32. Include baffling of light fixtures in order to prevent glare and light spillage X
onto adjacent properties. Additionally, consider reducing the lighting to
security lighting only within one (1) hour of closing.
33. Provide noise level data for blowdryer equipment for a distance equal to the X
rear of the residential properties to the north. All mechanical equipment,
including the vacuums, should be turned off at closing time each day.
34. Staff recommends the installation of some variety of wall along the north X
and east sides of the tunnel exit I parking lot to reduce the potential of noise
escaping the site, should the professional sound study being prepared by the
applicants warrant more than the landscaping being proposed.
35. Applicant states the hours of operation will be from dawn to dusk. Any X
proposal to extend these hours will require commission approval. Staff
recommends however, the carwash be open no later than 7 P.M.
36. Applicant shall provide a unity of title for all of Parcel "A", prior to X
issuance of first building permit.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I I I
S:\PlanningISHARED\WP\PROJECfSlRapido Rabbit\2nd Review Conunents.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Rapido Rabbit
APPLICANT'S AGENT: Bradley Miller Miller Land Planning Consultants
APPLICANT'S ADDRESS: 282 Pineapple Grove Way Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 6,2005
TYPE OF RELIEF SOUGHT: Request for Conditional use approval for a 4,595 square foot carwash
on a 3.39 acre parcel in an M-1 zoning district.
LOCATION OF PROPERTY: East of Congress Avenue, North of SW 30th Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Rapido Rabbit\DO.doc
DEPARTMENT OF DEVELOPMENT
Memorandum PZ 05-244
TO:
THROUGH:
FROM:
DATE:
RE:
Kurt Bressner, City Manager ~
Quintus Greene, Development Director / .
Michael Rumpf, Planning & Zoning Director
December 1, 2005
Rapido Rabbit Carwash (CaDS 05-004)
Response to questions regarding carwash equipment and the sound analysis
Staff continues to pursue the additional information requested for the Commission's review of
the above-referenced project, as represented by the attachments and specific responses provided
herein. Staff has repeatedly requested the specifications on the intended dryer blowers, and on
the date of this memorandum, an additional request was made of the agent. As for answers to
other current questions, please be informed of the following:
1. Staff has a draft agreement for improvements on and sharing of the entryway, and this
includes provisions for maintenance ofthe landscaping (see attachments);
2. The specifications for the vacuum units are included in the November 27, 2005 letter from the
acoustical consultant, and specifications on the blowers are forthcoming;
3. The consultant indicates that the study assumed simultaneous operation of all vacuum units,
that the study did account for the dryer blowers, and there are a total of 3 dryer blowers planned
for the tunnel; and
4. We have not considered a 2nd opinion, or a study of the sound study, given the following:
a. The code only requires such technical sound analysis for the review of night clubs;
b. What has been requested to date is believed by staff to be "reasonable" and submitted
by a qualified individual;
c. The proposed use is a common business and generally similar to others within and
adjacent to the city. Staff has visited other car washes to experience the magnitude of
sound emitted from the site, and believe that reasonable design measures and best
available technology will prevent any possible nuisance and ensure compatibility. In
light of the study indicating sound levels that just meet the sound standards of the
city, and possible discrepancies therein, staff continues to pursue possible further
design measures to mitigate sound; and
d. Given the distance to the nearest residential uses and the elements that ultimately
separate the subject properties, and proximity to Congress Avenue which contributes
to the area and should affect the expectations regarding sound within this
environment.
5. We will receive final information from the agent regarding corporate involvement; however,
our understanding is that the party who has filed the application remains unaltered. Subsequent
changes to the site plan (following approval) would be reviewed against the minor-major criteria,
and if/how such changes could intensify the operation of the conditional use. Given its
conditional use status, staff would review very closely the changes. For example, changes that
would increase business such as addition of a vacuum station, tunnel expansion, etc. would
require conditional use approval. However, innocuous changes to landscaping, sign copy, or the
fayade, unrelated to operation of the use, would likely be considered "minor".
Staff opines that there remain possible changes to further minimize sound, and until some or all
of them are incorporated into the site, staff maintains its recommendation for tabling. We have
strongly encouraged the agent to consider these recommendations otherwise our
recommendation for tabling will stand, or possibly be modified for approval subject to
incorporation of our recommendations into the plan. The recommendations prioritize the flipping
of the tunnel to orient the exit (and blowers) toward the south, in the opposite direction from the
adjacent neighborhood. Staff also mentioned the wall as still being necessary if the tunnel is not
reoriented. Also if not reoriented, staff may also simply recommend, that the tunnel wall around
the exit be narrower, or at least extended to cover the blowers, to interrupt the outward flow of
sound. From our site visit to the Motor City Carwash, we observed and heard the blowers from
the adjacent residential properties (on the far side of the properties), and realized that they were
only audible when no solid object intervened. A concern of the agent, for the applicant, was the
additional time and review required if the project was redesigned. If staff is able to view the
redesign prior to Commission review, and is generally comfortable that site requirements will be
satisfied similarly, staff would recommend the addition of a comment requiring reorientation of
the tunnel as part of the permit submittal.
MR
Attachments
S:\Planning\SHARED\WP\PROJECTS\Rapido Rabbit\Additional sound information and responses.doc
. . Monday, October 03, 2005 2:43 PM
MLPC 581738S079
p.01
..
MILLER
LAND
PLANNING
CONSULTANTS, INC.
420 W. Boynton Beach Blvd. '201
Boynton Beach. FL 33435
Phone 561/736.8838
FOl( 561/736.8079
Ernail nlcole@mlpc.net
V"I~ II~ fM) '1 -"
'1~ll./ ,'" I,rll/' 'r: .'I.~'
J~~II ;j'. . 'fl,(
fJ I U ~I iI. I I,
Date: 101312005
Time: 2:43:32 PM
Recipient:
Ed Breese
Fax Number: 742-6259
Company:
CITY OF BOYNTON BEACH
Vol~ Number: (561) 742-6261
Sent By:
Nicole Simpson
Pages: 4
SUbject: Rapido Rabbit - Car Wash (Site Plan)
Message:
Ed,
Attached ia the conaent from for the development of the surrounding property owners and
applicant. Pleaae let me know if you need anything else.
Monday. October 03, 2005 2:43 PM
MLPC 58173eS07Q
p.02
WEINER & ARONSON, PeA.
AlTORNEYS AT-LAW
Tho OIerk Hou.o
102 North SWInton Avenue
OeJray Beach, Florida 33444
Telephone: (581) 285-2666
Telecopler: (561) 272-6831
E-mliln: mwelner@zonelaw.com
MICHAEL S. WI!INER
CAROLE J, ARONSON
JASON a. MANKO"
KeRRY SAFIER
PAMI R. MAUGHAM
OF COUNSEl.;
ROBERT MARC SCHWARTZ, PA
FIoI'ld8 Bar Board CerIIfted
RealI!sI8te Lawyer
MICHAEL R. HARRIS
LL.M. (In T4IXlItion)
September 23, 2005
Mr. Michael Rumpf
DIrector of PlannIng and Zoning Depl
City of Boynton Beach
100 cast Boynton Beach Blvd.
Boynton Beach, Florida 33425
Via Hand Dellverv
Re: Rapfdo Rabbit
Our File No.: PAUM002
Dear Michael:
Please let this letter serve as authorization from each of the three property owners
concerning the consent required by Comment 2 of the 3rd Review Comments.
Each of the three owner's signatures below provides Its consent to the construction of the
driveway, installation of landscaping adjacent to the driveway snd to the maintenance of the site, aD
pursuant to the terms of1he easement Agreement, a copy of which has been prevfously provided to
the City. ThIs Easement Agreement will be recorded pursuant to a closIng to occur upon receIpt of
SIte Plan Approval.
MEGA MINI CO., LTD., a Florida limited partnership
By: Mega MIni Self Storage Boynton Beach. LLC
Its :General Partner
By;
Its: Member
Monday, October 03, 2005 2:43 PM
MLPC 5817388079
p.03
WEINER & ARONSON, PA
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (eo1) 208-2COe
Telecoplw: (561) 272-6831
E-mail: mwelner@Zonelew.com
MICHAEL S. WEINER
CAROL!! J. ARONSON
JASON a. MANKOFF
KERRY SAFIER
PAMI R. MAUGHAM
OF COUNHL:
ROBI!RT MARC ICHWARTZ, P.A.
Florid, Btr ao.rct CertIIIed
RuI !&lata law)w
MICHAEL R. HARRIS
L.L.M. (In T~)
September 15, 2005
Mr. Michael Rumpf
Director of Planning and Zoning Dept.
Olty of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florlds 33425
Re: Rapldo Rabbit
Our File No.: PAUM002
Dear Michael:
VI. Hand Deliverv
Please let thl8 letter serve a8 authorizBtlon from each of the three property owners
concerning the con8ent required by Comment 2 of the 31U Review Comments.
Each of the three owners' signatures below provides its consent to the construction of the
driveway, Installation of landscaping adjacent to the driveway and to the maintenance of the site, aU
pursuant to the terms of the Easement Agreement, a copy of which has been previously provided to
the CIty. this Easement Agreement will be recorded pursuant to a closing to occur upon receipt of
Site Plan Approval.
Agreed Bnd Accepted By:
By:. BOYNTON PROPERTIES, LLC
1m:
0W~~ASH'LLC
Its:
MEGA MINI CO., lTD., a Florida limited partnership
By: Mega Mini Self Storage Boynton B ch, LLC
Its :Generel S-
By: ~~.
Ita: Member -
Monday, October 03, 2005 2:43 PM
ML.PC 5&1738807Q
p.04
Mr. Michael Rumpf
september 15, 2005
Page 2012
Please contact me should you have any additional concerns.
Very yours,
IC aeIS.~
MSW:jsm
cc: Mr. Merk Paulino
Mr. AleJandro Zurita
Henry Portner, Esq.
Mr. Anthony Pug"...
Mr. Bradley Miller
Brian Deusohle, Esq.
Jaeon $. Mankoff, Eequlre
O:\PAUMOO2\Letter to Miko R\D1lpt Je consents.doc
CITY OF BOYNTON BEACH
City Attorney's Office
Memorandum
To: Ed Breese, Principal Planner
From:
Jamila Alexander, Assistant City Attorney
fl/I
Date: September 15, 2005
RE: Rapido Rabbit Carwash Cross-Access Agreement
This memorandum is in response to your request that the Office of the City Attorney review a
draft of the Cross-Access Agreement relating to the proposed carwash on Congress Avenue
(Rapido Rabbit).
The Cross-Access Agreement was prepared to be executed by the owners of three neighboring
parcels granting an access and ingress and egress easement for vehicular and pedestrian traffic
for the Rapido Rabbit Carwash, as described in the Agreement. Furthermore, the City of
Boynton Beach is not an owner of the subject property and will not be a party to this Agreement.
As such, this Office has reviewed the Cross-Access Agreement and it is our opinion that the
terms of the Agreement are sufficient.
Should you have any questions, please feel free to contact the Office of the City Attorney.
NA
S:\CA\MEMORAN"DUM\Breese (Rapido Rabbit).doc
PLANNING AND ZONING
MEMORANDUM
TO: James Cherof, City Attorney
FROM: Ed Breese, Principal Planner ~
DATE: August 25, 2005
SUBJECT: Rapido Rabbit Carwash Cross~Access Agreement
Attached for your review is a copy of a draft cross-access agreement involving the
proposed carwash on Congress Avenue (Rapido Rabbit). Staff, as part of the technical
site plan review process, has requested a cross-access agreement involving three separate,
neighboring parcels, for access and utility purposes. I would appreciate your review of
this information in order that we may pass comments back to the applicant as to
sufficiency. Thank you in advance for your review and do not hesitate to contact me with
any questions you may have.
CROSS-ACCESS AGREEMENT
THIS CROSS-ACCESS AGREEMENT (aAgreement) is made and entered into this _
day of , 2005, by and between BOYNTON PROPERTIES, LLC, a Florida limited liability
company (hereinafter referred to as aBOYNTOW) and BOYNTON BEACH CARWASH, LLC a
Florida limited liability company (hereinafter referred to as aCARW ASH") and
, a (hereinafter referred to as
.. "). BOYNTON, CARWASH and are sometimes referred
ta herein as Owner(s).
.. ..
R E C I TAL S:
WHEREAS, is the s,urrW)t record owner of the property, more
particularly described in Exhibit "A" (the aBOYNTON Property"); -1'1-0' .
WHEREAS, ~. E.'fe nt owner of the property, more
particularly described as Exhibit "B ~'rTrty");
WHEREAS, t e current owner of the property, more
particularly described as Exhibit "C" e aFREIDT Property"); and
WHEREAS, BOYNTON, CARWASH and
this Agreement as hereinafter set forth.
desire to enter into
NOW, THEREFORE, BOYNTON, CARWASH and for good
and valuable consideration, including but not limited to the mutual easements, covenants and
restrictions set forth herein, the receipt of which is hereby acknowledged, do hereby agree as
follows:
1. Recitals
The recitals above are true and correct and are hereby incorporated as if
rewritten herein.
2. Cross-Easements
(A) There is hereby granted the following non-e~c1usive access and ingress
and egress easement for use of vehicular and pedestrian tra.~c within the area as more
particularly described in Exhibit "0" (the aCross-Easement") for the benefit of each of the
Owners, their successors, assigns, tenants, customers, agents, employees, guests, licensees
and business invitees, each Owner granting same to the other Owners for and in respect of the
property owned by such Owners which lies within the Cross Easement. The Owners agree not
to build or maintain nor permit to be built or maintained any structure on the Cross-Easement
that would preclude or limit it vehicular and pedestrian traffic of cross-access and for ingress
and egress within the Cross-Easement. All costs and expenses concerning any installation and
construction of the initial installation of the Cross-Easement shall be at the sole cost and
expense of the owner of the Property Owner. The Owners of the
Properties. shall not be required to contribute to the initial
installation of the Cross-Easement.
o:\p AUM002\AUGUST CROSS ACESS EASEMENT-doc
(B) No Owner shall permanently or temporarily park or store in the Cross-
Easement any automobile, truck, equipment, or any other personal property, it being intended
that the Cross-Easement shall be free from obstacles and impediments. In the event due to
construction or re-construction any Owner sh~1I find it necessary to temporarily obstruct, block,
close off or impede the flow of pedestrian or vehicular ingress or egress, such Owner shall
provide reasonable advance notice to the affected Owners and shall use reasonable effort to
minimize the effect on the other Owners and endeavor to complete such construction
expeditiously.
.... ....
3. Maintenance and Repair
(A) Each Owner shall maintain, operate and repair the landscaping. lighting,
common areas and utility facilities on its respective property which forms a part of the Cross-
Easement, including any buffer areas adjacent to the front of their res~e properties. at its
sole cost and expense. Maintenance, operation and repair shall be done in a manner that is in
compliance with all laws, ordinances, rules and regulations of the appropriate governmental
authorities. Each Owner shall. at its own expense, supervise. operate, manage, repair, replace
and maintain all improved portions of the common area and utility facilities located on its
respective property which forms a part of the Cross-Easement, in good repair and in a safe and
sound condition, free from refuse, rubbish and dirt and in compliance wlth all governmental
regulations.
(B) Each Owner shall make all necessary repairs and replacements on the
surface of the parking areas and driveways on the portion of the Cross-Easement owned by
such Owner. is responsible for the property in Exhibit "E."
is responsible for the repairs and replacements on the Property in Exhibit
"F." and Exhibit "G. is responsible for the repairs and replacements on the
repairs and replacements on the Property in Exhibit "H".
(C) In the event any improvements within the Cross-Easement are damaged
or destroyed, the Owner of the property on which such damage has occurred shall promptly
cause the repair, restoration or rebuilding thereof to the extent reasonably practical, but such
Owner shall not be precluded from seeking reimbursement from the responsible party or parties
that may have caused such damage or destruction.
4. Term and Duration
,
(A) The provisions of this Agreement shall b~ ~perpetual. This Agreement
may be released, modified or amended only by the unanimous consent, in writing, of all the
Owners or their respective successors or assigns, as the case may be.
(B) Except as specifically set forth herein, nothing contained in this
Agreement shall confer any rights on any Owners, their successors, assigns, tenants,
customers, agents, employees, licensees or business invitees.
(C) This Agreement shall be and constitute a covenant running with the land
in the specific manner and mode set forth above and shall be binding upon all parties to this
Agreement a'1d their respective successorl? and assigns and shall inure, to the benefit of and be
enforceable by all parties to this Agreement and their respective successors and assigns.
5. Operations
0:\PAUM002\AUGUST CROSS ACESS EASEMENT-doc 2
(A) Each Owner shall. at its own cost and expense. maintain at all times
public liability insurance in an amount no less than insuring against claims on
account of death, bodily injury or property damage that may arise from or be occasioned by the
condition, use or occupancy of the common area on its respective property. Said insurance
shall be written by a reputable insurance company or companies with limits of not less than One
Million ($1,000.000.00) Dollars for bodily injury or death. of all persons in anyone occurrence
and for damage to property or such other amounts as agreed upon by all Owners. Each
Insurance Policy shall cover the properties in Exhibits "A." "B." and "e" and each Policy shall
name the other Owners as additional an insured. Each Owner shall provide proof of insurance
to each other Owner showing each such Owner as an additional insured.
... '..,.
(B) Anything in this Agreement to the contrary notwithstanding. nothing
herein shall prevent any Owner from the construction and completion of buildings or
improvements on such Owner's property as such Owner may desire in ~ 'Owner's sole and
absolute discretion, so long as such buildings and improvements are not located within the
Cross-Easement. In connection with construction and completion of any buildings or
improvements, each property Owner shall be entitled to count such parking spaces as may be
available on such Owner's property but shall not be entitled to count parking available on any
other Owner's property. There shall be no parking within the Cross-Easement. There is no
parking easement.
6. Enforcement
(A) No breach of the provisions of this Agreement shall entitle any Owner to
cancel, rescind or otherwise terminate this Agreement or the applicabifity to it; but such
limitation shall not affect, in any manner. any other rights or remedies which any Owner may
have hereunder by reason of any breach of the provisions of this Agreement. No breach of the
provisions of this Agreement shall affect or render invalid the lien of any mortgage 9f deed of
trust made in good faith and for value covering any part of any property. Notwithstanding the
foregoing the provisions. this Agreement shall be binding upon and effective against any Owner
whose title is acquired by foreclosure or trustee's sale or any grantee by deed in lieu of
foreclosure or trustee's sale. .
(B) If any Owner shall default in the performance of any of its obligations
hereunder. then any other Owner shall. in addition to all other remedies they may have at law or
in equity, after thirty (30) days prior written notice (except that no notice shall be required in the
event of an emergency). have the right to perform such obligation pn behalf of such defaulting
party and be reimbursed by such defaulting party for the r~,sonable cost thereof, plus
. reasonable collection fees if collection is required. Any such cfaim for reimbursement shall be
secured by a lien thereof and shall attach to the property owned by the defaulting party effective
upon recording of a notice thereof in the Public Records of Palm Beach County. Florida. The
lien rights granted herein will not affect the easements and other rights granted herein to other
Owners of any property and such rights shall continue in full force and effect.
(C) In the event of a breach, or attempted or threatened breach, of any
obligation of this Agreement, the other Owner(s) shall be entitled forthwith to obtain an
injunction to specifically enforce the performance of such obligation, acknowledging the
inadequacy of legal reme9ies and the irreparable harm which would be caused by any such
breach being hereby acknowledged; andlor to relief by all other available legal and equitable
remedies from the consequences of such breach. All costs and expenses of any such
O:\PAUMOO2\AUGUSTCROSS ACESS EASEMENT.doc 3
proceeding shall be assessed against the defaulting Owner and shall constitute a lien against
the property owned by such defa.ulting Owner, until paid.
(0) No delay or omission of any Owner in the exercise of any right accruing
upon any default or violation hereof, of any other Owner shall impair any such right or be
construed to be a waiver thereof, and every such right may be exercised at any time during the
continuance of such default or violation. A waiver by any Owner of a breach of, or a default in,
any of the terms and conditions of this Agreement by any other Owner shall not be construed to
be a waiver of any subsequent breach of this Agreement.
... ..
(E) Enforcement of this Agreement may be filed in a Court of competent
jurisdiction with costs and reasonable attomeys' fees granted to the prevailing party.
7. Interests of Others
~^-
(A) Any lien so created by this Agreement shall be effective only upon the
recording of such lien and shall be subordinate to any mortgage applicable to such property at
the time of filing. Notwithstanding the foregoing, nothing herein contained shall be construed as
creating an obligation hereunder upon any mortgagee or holder of other security interest
including deed of trust which is prior to said Mortgagee or holder acquiring title by foreclosure or
otherwise prior to the filing of such lien.
(B) Each Owner shall remove, within thirty (30) days after the filing thereof,
any mechanics', materialmen's or any other similar lien on the other Owners' Properties, or on
its Property if the existence or foreclosure of such lien on its Property would adversely affect the
easement arising by reason of its act or any work or materials which it has ordered. In the event
the defaulting Owner fails to remove any such lien within such thirty (30) day period, any other
Owner may take such action as it or they may deem necessary to remove such lien and
thereafter such Owner shall be entitled to reimbursement from the defaulting Owner. Any lien
rights that arise due to the defaulting actions of any Owner shall also permit such lien rights
against any insurance proceeds, to the extent that such proceeds would or should become
payable.
(C) Nothing contained in this Agreement shall be deemed to be a gift or
dedication of any portion to the general public or for any public use or purpose whatsoever, it
being the intention of the parties hereto that nothing in this Agreement, expressed or implied,
shall confer upon any person, except as specifically set forth in the terms and conditions of this
Agreement. Rights to a third party beneficiary are neither intended'J;lor granted.
(0) Each claim of any Owner arising under this 'Agreement shall be separate
and distinct, and no defense, set-off or counterclaim arising against the enforcement of any lien
or other claim of any Owner shall thereby be or become a defense, set-off, offset or
counterclaim against the enforcement of any other lien or claim.
(E) The Cross-Easement created hereunder shall not be presumed abandoned
by non'7use or the occurrence of damage or destruction of a portion of any Property subject to
the easement unless the Owner benefited by such easement states in writing its intention to
abandon such easement.
O:\PAUM002\AUGUSTCROSS ACESS EASEMENT-doc 4
8. Interpretation
(A) If any provision of this Agreement, or portion thereof, or the application
thereof to any person or circumstances, shall, to any extent be held invalid, inoperative or
unenforceable, the remainder of this Agreement, or the application of such provision or portion
thereof to any other persons or circumstances, shall not be affected thereby; and each provision
of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
... ....
(B)
State of Florida.
This Agreement shall be construed in accordance with the laws of the
(C) The Article headings in this Agreement are for convenience only, shall in
no way define or limit the scope or content of this Agreement, and shall not be considered in
any construction or interpretation of this Agreement or any part hereof. ~. .
(D) Nothing in this Agreement shall be construed to make the Owners hereto
partners or jOint ventures or render any of said Owners liable for the debts or obligations of the
other.
(E) Any Owner may,. at any time and from time to time, in connection with the.
sale or transfer of its property, or in connection with the financing or refinancing of said property
by bona fide mortgage, deed of trust or sale-leaseback made in good faith and for value, deliver
a written notice to the other Owner(s) requesting such other Owner to execute a certificate
certifying that the Owner making such request is not in default in the performance of its
obligations under this Agreement, or, if in default, describing therein the nature and amount of
any default. An Owner shall execute and return such certificate within twenty (20) days
following its request thereof. Failure by an Owner to so execute and return such. certificate
within the specified period shall be deemed an admission on such Owner's part that the Owner
requesting the certificate is current and not in default in the performance of such Owner's
obligations under this Agreement.
(F) This Agreement may be amended, modified or terminated by the
unanimous written approval of all Owners and duly recorded in the office of the County
Recorder of Palm Beach County, Florida, and shall not otherwise be amended, modified or
terminated during the term hereof. However, the Owner and Owner may
modify the connection between Exhibit "_" and Exhibit "_" without the consent of the
other owners provided that: (i) the overall connection among the pflrcels is maintained; (ii) the
other Owners are notified; and (iii) any modifications are duly reCQ~qed.
. (G) Wherever in this Agreement it is provided that an action shall be subject
to the consent or approval of the other, such consent or approval shall not be unreasonably
withheld or delayed provided that any such Agreement does not materially or adversely affect
such Owner's property.
(H) Each Owner agrees that no partner or individual of any Owner shall be
personally liable for any liabilities or be required to personally perform any of the covenants of
this Agreement. Any liability of an Owner is limited to the assets of that Owner.
0:\PAUM002\AUGUST CROSS ACESS EASEMENT.doc 5
9. Notices
(A) All notices and demands herein required shall be in writing and shall be
deemed properly given if sent by registered or certified mail, retum receipt requested, and if to
, addressed to:
..,.,.
Each party may change the address to which notices to it are to be sent by notice to the others.
(B) Every notice and demand shall be deemed to have been effective upon
delivery by registered or certified mail, properly addressed as aforesaid, postage prepaid, in the
United States Mail, or three (3) days after posting or via a nationally-recognized overnight
courier services (provided a confirmation is available one {1} day after sent).
10. Indemnification.
(A) Each Owner agrees to hold the other Owners harmless and indemnify such
Owners from any costs and expenses, including reasonable attorneys' fees, arising out of or in
connection with any claims arising out of the use, operations, maintenance and possession of
each other Owner's respective property by any party claiming through such Owner
(B) The
all liens as a result of
I;asement.
Owner shall indemnify the other Owners for any and
Owner's construction and/or installation of the Cross-
. ~
rSionatures on next oaoel
O:\PAUM002\AUGUST CROSS ACESS EASEMENT.doc 6
"
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first above written.
Signed, sealed and delivered in the
presence of:
... ,..
. Witnessed By:
By:
aRm
Printed Name:
Its:
By:
By:
Iffi:~
~
Printed Name:
Printed Name:
Its:
" ~
O:\P A UMOO2\AUGUST CROSS ACESS EASEMENT.doc 7
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was sworn to and subscribed before me this _ day of
,as ill
My Commission Expires:
Personally Known _ OR Produced Identification
Type of Identification Produced
STATE OF FLORIDA
COUNTY OF
, 2005 by
~ -
Signature of Notary Public-State of Florida
Print, Type, or Stamp. Commissioned Name of Notary Public
~.-
The foregoing instrument was sworn to and subscribed before me this _ day of
as of
My Commission Expires:
Personally Known _ OR Produced Identification
Type of Identification Produced
STATE OF FLORIDA
COUNTY OF
, 2005 by
Signature of Notary Public-State of Florida
Print, Type, or Stamp Commissioned Name of Notary Public
The foregoing instrument was sworn to and subscribed before me this _ day of
as of
My Commission Expires:
Personally Known _ OR Produced Identification
Type ~f Identification Produced
O:\PAUM002\AUGUST CROSS ACESS EASEMENT.doc 8
, 2005 by
" \
Signature of Notary Public-State of Florida
Print. Type, or Stamp Commissioned Name of Notary Public
MILLER
LAND
PLANNING
CONSULTANTS, INC.
420 W. BOYTNTON BEACH BOUlEVARD, #201
BOYNTON BEACH, FLORIDA 33435
PHONE . 561/736-8838
FAX . 561/73~79
LETTER OF TRANSMITTAL
Date: November 18,2005
To:
Ed Breese
CITY OF BOYNTON BEACH
PLANNING & ZONING DEPT.
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
Subject:
RAPIDO RABBIT CAR WASH -
SITE PLAN & CONDo USE
We are providing:
I!J Attached
o Under Separate Cover
Via:
o US Mail
I!J Courier IHand Delivery
o Overnight Delivery
o Pick Up
The following:
Copies Date Description
1 Noise studv
These are being transmitted as check below:
I!J For your use 0 As requested 0 For your review & comment
o For your reference & file 0 Other as indicated below
Remarks:
Attached for your review is the noise study. The color renderings will be delivered to your
office Monday morning (l1.21.05). Please let me know if you need anything else.
cc:
From: Nicole R. SImpson
.
Joe Cuschieri
Acoustics and Viblation Consultant
2398 NW 38th Street
Boca Raton, Florida, 33431
TEL: 561 289 7091
FAX: 561 8521784
November 17, 2005
Mark Paulino
EAST COAST DEVELOPMENT, LLC
4036 Artesa Drive
Boynton Beach, FL 33436
moaulino@orodiQY.net
Re: Boynton Beach Car Wash Facility
Dear Mr. Paulino:
This letter is to report on the findings of the sound level analysis performed for the proposed
site of the Car Wash facility on Congress Avenue north of SW 30th Avenue in Boynton Beach,
Florida. Provided in this letter are the measured sound pressure levels at the property and in
the residential community just north of the proposed site, and estimates of the anticipated
sound levels due to the operation of the car wash facility. Also provided are comparisons of the
anticipated sound levels due to the operation of the car wash facility to the measured
background ambient sound levels and to the permissible noise levels by the City of Boynton
Beach Noise Control Ordinance and the City of Boynton Beach Sound Control Ordinance.
The proposed car wash facility site is located along the east side of Congress Avenue north of
SW 30th Avenue. The proposed carwash site north property line is common to another area
zoned industrial and approximately 200 feet from the south property line of the residential
properties to the north of the site. The site ambient background sound levels has contributions
from traffic noise on Congress Avenue and when traffic is light on Congress Avenue,
contributions from the noise from 1-95 traffic. The anticipated major sources of noise from the
car wash facility, not including the contribution from additional traffic, are the blower fans at the
exit of the car wash building and the vacuum stations on the east of the car wash building. The
blower fans and the car wash building opening closest to the blower fans are approximately 55
feet from the site property line and approximately 255 feet from the residential property line to
the north. The closest VAC unit is approximately the same distances, 55 feet and 255 feet
from the site property line and the residential property line respectively. In between the
proposed car wash site and the residential properties to the north is a vacant lot, which if a
building is placed on this lot will act as a sound barrier and it will mitigate the sound transmitted
from the car wash operation to the residential properties.
To characterize the noise levels at the proposed car wash facility, sound level measurements
were performed at two locations, one within the proposed car wash site property and one along
the south property line of the residential properties north of the proposed car wash facility site.
The sound level measurements were performed on a Saturday morning between 9:00 am and
11 :00 am, as this would be considered the most quiet time with regards to noise from traffic on
Congress Avenue and 1-95. The noise levels at the proposed car wash site and at the
. Page 4 of 4
November 17,2005
Sound Pressure Level
140 dB Threshold of Pain
130
>
120
110
..-:;-;.....,
70
~..
~
20
o Threshold of Hearing
~ Cusc.-.eri
Acoustic& and Vlbla&ln Consultant
2398 NW 38th Street
Boca Raton, Florida, 33431
TEL: 561 289 7091
FAX: 561 852 1784
November 27, 2005
Mr. Ed Breese
City Of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida, 33435
Re: Boynton Beach Car Wash Facility
Dear Mr. Breese:
As per our conversation after the P&Z meeting, please find enclosed copies of the information that I
was given from the applicant that I used to calculate the noise levels from the proposed car wash
facility. I'll be sending you the calculations that explain my results in the next few days. To give you
a brief overview of the information provided, I page numbered the sheets for ease of recognition.
Pages 1 and 2 give the noise levels of the blowers. Page 1 is from the manufacturer of the car wash
equipment SONNY'S, while page 2 is a composition by Rapido Rabbit. Notice that this information is
the same as the one from SONNY'S even though it appears that the blowers are in an enclosure. In
other words this does not take into account the influence of the enclosure. The 75 dBA at 100 feet
with blowers inside a car wash facility are inconsistent with sound level data that I measured for the
same type blowers at 100 feet. My measurements indicate a sound level of 61 dBA at 100 feet. So
use the infonnation on page 2 with some caution.
Pages 3 to 14 relate to the VAC units. Page 3 is a summary of the tests performed, page 4 is a
cross section of the VAC motor, page 5 gives the details of the components, and page 6 shows
some photographs of the measurements set-ups. Pages 7 and 8 give a summary of the VAC noise.
However notice that in this case the information is given is sound Power and not sound pressure.
Sound pressure can be calculated from sound power taking into account the distance from the
source, in this case the VAC unit, to the observer. /'11 outline the method that is used to calculate
sound levels from sound power when I send you the calculations. Sones is another way to represent
the sound, but since the City Ordinance does not use this sound metric, we can skip over this
information. Pages 9 to 14 give details for the measurements performed to characterize the noise
from the VAC units. This information supports the summary data in pages 7 and 8. This information
is used if one is interested in the frequencies of the noise and to calculate the quantity reported in
sones. The City Ordinance is written in terms of overall A-weighted sound levels (dBA) hence this
information need not be used except to ensure that there are no distinct tones.
Please review this information and if you have questions do not hesitate to contact me.
Sin re
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J s ieri, P.E. Ph.D.
Acoustical Consultant
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c.c.: Bradley D. Miller, AICP, MILLER LAND PLANNING CONSULTANTS, INC.
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'DEe 01,2005 00:29
5618521184
page 1
2M NW 'JIf' stMt
8cICII R_ FIorfda, 33431
TEL: 561 2887091
,AX: 581 852 1784
Joe Cuschieri
Acoustics :-Ind V,br;ltion
Consultimt
Fax
101 Mr. Ed Bteese ...... Joe Cuschied
'ax: 561-142~ ..... 8 (~c~.du'-1 ~.V(.y j;'Ja.* )
, v
..... .... 11/3012005
... Boynton Beach CarWash Facay CCI Bradley ....
C........ if Far RevIew C ..... Co..-__1It C PI-. ~ 0 ..... ~
Please find attached my calculations for the proposed car wash facMy. Give me a call you have
questions.
DEe 01,2005 00:29
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\~I
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
Owner:
Location:
N/A
North of Miner Road; between Lawrence Road
and Congress Avenue
Description:
Request for Master Plan Modification to reduce
side yard setbacks from ten (10) feet to eight
(8) feet for construction of screened roof
enclosures.
Chairman Wische announced this item has been postponed until the December 22,
2005 Board Meeting that will be the Board's regular meeting date for December.
Motion
Mr. Cwynar moved to continue the Foster Mill master plan modification item until
December 22,2005. Motion seconded by Mr. Casaine and unanimously carried.
B. Rapido Rabbit Carwash
Conditional Use
1.
Project:
Agent:
Rapido Rabbit Carwash (COUS 05-004)
Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Boynton Properties, LLC, Anthony Pugliese 1/1
East side of Congress Avenue; approximately
275 feet north of SW 30th Avenue
Owner:
Location:
Description:
Request for Conditional Use and Site Plan
approval for a 4,595 square foot automated
carwash facility and related site improvements
on a 0.88-acre site zoned M-1, Industrial.
Chairman Wische pointed out this item has been pending since March of this year and
has come back to the Board because staff wanted to have a certified noise study
performed and presented to the City. A copy of the noise study performed by Acoustics
and Vibration Consultant, Joe Cuschieri was provided to the members and the
Recording Secretary, a copy of which is on file in the City Clerk's Office.
Ed Breese, Principal Planner, presented the item on behalf of staff and pointed out the
item is a conditional use approvallnew site plan for a 4,595 square foot automated
carwash facility. Mr. Breese reviewed the adjacent uses that included the GoJfview
Harbor subdivision to the north and the Safe and Secure Storage Facility, zoned M-1, to
the south. Further south is the right-of-way for SW 30th Avenue and developed M-1
industrial property, including Tire Kingdom. To the east is developed industrial property
with offices and warehouses. West is the right-of-way for Congress Avenue and further
west is Manor Care ACLF zoned community-commercial (C-3).
3
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
Mr. Breese explained Attorney Michael Weiner submitted an application for code review
(CORV 05-001) to allow carwashes in the M-1 zoning district, which was approved by
the City Commission on June 21, 2005. Adoption of the code review now allowed
carwashes as a conditional use within the M-1 zoning district, which is the reason the
Board is reviewing a conditional use, along with the new site plan, for the project.
Having carwashes as a conditional use allows greater scrutiny of reviewing site design,
operational characteristics, and potential impacts on surrounding properties.
Palm Beach County reviewed the proposal and the City received a letter dated February
2, 2005 indicating the proposed project met the County's traffic performance standards.
When staff reviews conditional uses, there are standards for evaluating them. Mr.
Breese discussed some of the items involved in the review as follows:
(1) Ingress and egress to the subject property.
According to the site plan there are two proposed points of ingress and egress: one
point of access would be off Congress Avenue at the very northwest portion of the
property that would be partially shared with the vacant industrial parcel to the north. The
second point of access is off SW 30th through the Safe and Secure property site. This
road would connect to the east-west road connecting to Congress Avenue.
The applicant has submitted a draft of the required cross access easements that are
required between this parcel and the vacant parcel to the north, as well as the Safe and
Secure site to the south. The City Attorney has reviewed them for sufficiency and they
will have to be executed prior to the first permit being pulled.
(2) Off-street parking and loading areas, with emphasis on glare, noise, and
odor effects that the conditional use would have upon adjacent and nearby
properties.
The site plan provides for 18 regular parking spaces and one handicapped space that
were demonstrated on the site plan.
Attorney Tolces pointed out that this is the first time the Board has actually heard the
application for conditional use and site plan approval.
Mr. Breese pointed out the locations of the parking spaces located on the west side of
the carwash. The parking area is landscaped on all four sides to minimize noise and
glare from the headlights of customers' vehicles. The wash tunnel openings have
additional landscaping above the curb requirements at varying heights to provide a
dense vegetation barrier to the inner workings of the carwash and to screen the vehicle
stacking and exiting movements from the carwash.
The parking lot light fixtures are proposed at 20' in height and staff has conditioned the
baffling of the fixtures to prevent glare and light spillage onto adjacent properties.
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
Additionally, staff recommended that the illumination be reduced to security lighting
within one (1) hour following the closing of the business every night.
Staff has required a second landscape buffer that would be placed along the north side
of the entrance exit on Congress Avenue to increase the visual and sound barrier for
the neighborhood to the north. Golfview Harbor is approximately 200 feet from the
carwash site and separated by a vacant industrial parcel, yet to be developed, plus the
canal. Staff felt that the introduction of the following made the project a viable one, and
the site plan met the intent of the code by introducing increased compatibility, plus the
following: (a) buffering based on the landscaping, (b) distance separation, (c) design
characteristics, (d) limiting the business hours, (e) baffling of the light fixtures, (f)
illumination reduction to security lighting, (g) turning the power off to the mechanical
equipment at closing and (h) increasing the landscape buffer. Staff is recommending
that the hours of operation be 7:00 a.m. to 7:00 p.m.
Mr. Breese next enumerated all the landscaping that would be placed at the site. Staff
has also recommended installing decorative buffer walls along the north, south and east
buffers around the carwash tunnel to help shield the inner operations of the carwash,
soften the look of the vehicle stacking, blocking the headlights as vehicles exit, and
assisting with the noise associated with the vehicles leaving the carwash tunnel and the
mechanical equipment.
The applicant has expressed a concern about placing walls in the locations
recommended by staff and requested installing the additional landscape buffer in place
of the wall. Staff recommended that all landscaping installed at the project be installed
in a mature full state to provide instant screening. The City Forester would inspect the
installation of the landscaping. However, staff is still recommending the placement of
the walls.
The proposed building meets all, setback requirements of the M-1 zoning district and is
generally compatible with adjacent properties and other properties within the zoning
district, including the other automotive related industrial uses within the Congress
Avenue Corridor. Mr. Breese pointed out that automotive uses are currently allowed in
the M-1 zoning district.
The general design of the building utilizes some of the sama type of building elements
as the Safe and Secure building immediately to the south, including roof material and
color. The project appears to be compatible with other uses within the M-1 zoning
district. The traffic approval letter from Palm Beach County indicated the project would
generate 196 new daily trips with peak hour trips being 14 in the morning and 14 in the
afternoon.
The remaining compatibility issues are operational in nature and involve noise and
visual effects. The applicant proposes to minimize these effects by using dense
landscaping buffers.
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
Staff requested and received the sound study that the members were provided. Staff is
further requiring that all mechanical equipment be turned off at the close of business
each day and the lighting on the site be reduced to security lighting within one hour
following the close of business each day.
In conclusion, the sound study appeared to demonstrate compliance with the City's
noise ordinance. Mr. Breese pointed out that staff does not have the technical expertise
to definitively make this determination. As a result, staff would like more time to review
the information, prepare questions based on what is contained in the study and
potentially bring in a professional to assess the study. Based on this, staft is
recommending that the item be postponed.
Mr. Cwynar inquired if any of the trees would be vulnerable to hurricanes. Mr. Breese
responded that live oaks are better than many trees in withstanding the types of storms
that have occurred recently, but it is possible that they could go down during a storm as
well. Mr. Cwynar also inquired if there were any overhead power lines around the
perimeter of the site. Mr. Breese said there were power lines on Congress Avenue. Mr.
Breese pointed out the heaviest landscaping is located along the north, east and south
perimeters of the project and pointed out the location of the landscaping on the plans.
Mr. Cwynar would like to make certain that whenever staff reviewed landscaping, they
review it in conjunction with the location of the power lines, so the landscaping would
not intertwine with power lines. Mr. Breese felt that the City's Forester looked at this
when he reviewed landscape plans.
With regard to the sound study, Mr. Cwynar reviewed the letter quickly. However, he did
not feel it was necessary to obtain another engineer to do another study, because the
engineer that performed the study is a certified engineer, PhD and an acoustical
consultant. He summarized in his report that the environmental noise impact from the
operation of the proposed carwash facility is insignificant to the residential properties
north ofthe proposed site.
Attorney Mike Morell, in the audience, voiced an objection. Chairman Wische requested
he take his seat until it was his time to speak. Attorney Morell continued to object.
Chairman Wische explained when the Board was done speaking, the public hearing
would be opened. Attorney Morell again objected for failure to follow quasi-judicial
procedures. Chairman Wische again requested Attorney Morell sit down.
Mr. Breese felt staff's review of the noise study revealed the number fell very close to
the tolerance allowed in the code. He pointed out there was not much data on how the
consultant arrived at his calculations.
The blowers in the carwash have a decibel level of 79 in an open environment. The
report indicated immediately outside' the structure, the decibels drop to 69. At the
property line, to the residential area to the north, it dropped to 59. There were no
6
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
formulas shown how the consultant arrived at these figures. As a result, staff is
uncertain about the report.
Attorney Tolces explained that the Board's typical process during these meetings is to
have staff make their presentation and then have the applicant make their presentation.
Attorney Morell went to the podium and contended Chairman Wische had not followed
court procedures. He noted that Chairman Wische allowed members to ask staff
questions, which is appropriate. However, Mr. Cwynar voiced his opinion. Attorney
Morell stated the Board should refrain from expressing their opinions since this was a
quasi-judicial proceeding. Attorney Morell pointed out Chairman Wische did not swear
ex-parte communications at the beginning of the proceeding. The City's code imposed
all quasi-judicial restrictions on the Planning and Development Board that applied to the
City Commission.
Attorney Morell recommended that the Board grant staffs request to postpone the case
one month and get it all re-noticed and get it right the next time. Attorney Morell said he
represented the Chiodos and the Maloneys. At this point, Attorney Morell sat down.
Chairman Wische requested Attorney Morell provide his address. Attorney Morell
responded his address was P.O. Box 18649, West Palm Beach, Florida.
Attorney T olces informed the members they were free to make comments and ask
questions as the case proceeds. -
Ms. Jaskiewicz questioned if the carwash was actually consistent with the other auto
related businesses in the area, such as Tire Kingdom. She pointed out people going to
Tire Kingdom enter the premises from the side street Ms. Jaskiewicz felt the project
was not compatible with the uses along Congress Avenue. She also pointed out an
elementary school was located across the street, plus residential homes and a nursing
facility. In order to enter the carwash when coming from the north, a u-turn would have
to be made. Ms. Jaskiewicz was opposed to having a carwash at this location.
Mr. Saberson noted when the request was made to add carwashes as a conditional use
in the M-1 zoning district, the City engaged Michele Mellgren and Associates to do a
study to determine what uses should be allowed on Congress Avenue. Mr. Breese
explained the Commission placed a Notice of Intent (NOI) immediately following this
request and a consultant was brought in to look at the M-1 zoning throughout the City.
The study is ongoing and is nearing conclusion. Mr. Saberson inquired if any
determination had been -made in the study that carwashes are appropriate along
Congress Avenue in the M-1 District. Mr. Breese was not aware if the consultant had or
had not recommended that carwashes would be appropriate along Congress Avenue.
Mr. Saberson noted that a petition signed by 2,000 people opposed to the project had
been presented to the City. Mr. Breese acknowledged a petition had been signed, but
he was unaware of the exact number. Mr. Baldwin stated that on June 21, 2005 a
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
petition with approximately 2,000 signatures was handed to the City Commission
opposing a carwash in this area.
Mr. Baldwin referred to the shared road off Congress Avenue, half of which would be on
the vacant land. He noted there were trees on the vacant land and he inquired who
would be planting and maintaining the trees. He inquired if the applicant had the legal
right to use the roadway in back of the self-storage facility. Mr. Breese pointed out that
there are cross access easements and agreements that have been entered into and this
is the responsibility of the applicant.
Mr. Saberson inquired when the NOI study would be completed. Mr. Rumpf responded
that the NOI had been extended for three months and would expire in January 2006.
Mr. Rumpf explained the study period originally was for 180 days to study the M-1
regulations in the areas currently zoned M-1. Preliminary findings have been provided to
staff and questions and comments have been forwarded to the consultant. Staff is using
this time to finalize recommendations and make clarifications.
Mr. Saberson inquired if the NOI was to put all applicants in the M-1 zoning district on
notice that their applications may be reviewed in conjunction with the results of the NOI
study. Mr. Rumpf said the results of that study would not apply to this project because
this application was submitted in advance of the execution of the NO!. It will state what
could and could not occur on properties currently zoned M-1 prior to expiration of the
NO!. Ms. Jaskiewicz pointed out the dearth of M-1 zoning in the City and questioned
why the study would not apply to current projects. Mr. Rumpf noted only this application
would not be included in the study.
Mr. Casaine inquired if the Board would be allowed to comment after the applicant
made his presentation and the proceedings were turned over to the public. Chairman
Wische agreed with this procedure.
Mr. Breese noted the cross-access agreements are not only with the property owner to
the north, but also with the property owner to the south, which is the storage facility.
Therefore, there are two points of ingress and egress and would not necessitate u-turns
on Congress Avenue, even though they could still occur.
Michael Weiner, 209 S. Seacrest Boulevard, Boynton Beach, assumed the podium
and noted he was present for a conditional use and for the record, there is only one
condition of the 36 conditions that they do not agree with. The only thing he anticipated
discussing was the wall. Attorney Weiner requested to address some procedural
situations and noted this Board is a recommending body and the item will be referred to
the City Commission for a vote. Attorney Weiner informed Attorney Morell that he would
not cede the microphone to him during his presentation. Attorney Weiner asked
Assistant City Attorney Tolces if he would like to address the Board's procedures.
8
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
Attomey Morell objected and Attomey Weiner duly noted Attomey Morell's objection.
Attomey Weiner pointed out the hearing was quasi-judicial, not judicial and is not like a
court proceeding.
Assistant City Attomey T olces reported that the Planning and Development Board heard
matters that are quasi-judicial for a recommendation to the City Commission. The Board
hears from staff, asks questions and makes comments. The applicant then makes their
presentation and the Board can ask the applicant questions, make comments and
address certain issues. Following this, the Chairman would open up the public hearing
for testimony and information presented by the public. The Board can also ask
questions of the members of the public that have been sworn in. After that, the public
hearing is closed and a motion could be made, discussion could take place and a vote
could be taken for a recommendation to the City Commission on the application before
the Board.
Attorney Weiner said since the public would be speaking, he requested that the Board
allow him a few moments of rebuttal to respond to what the public had to say. Attorney
Weiner also asked the Board members if they would like to disclose any contacts they
might have had. Attorney Morell objected. Attorney Weiner duly noted Attorney Morell's
objection. Chairman Wische requested that Attorney Morell sit down, otherwise he will
be requested to leave the building since Chairman Wische felt Attorney Morell was
disrupting the meeting.
Attorney Weiner asked the members to announce any ex-parte communications they
may have had.
Chairman. Wische received a telephone call from Attorney Morell that was on his
answering machine. Chairman Wische did not return the call because Attorney Morell
wanted to meet with him to discuss the case. Chairman Wische did not wish to meet
with anyone to discuss matters that he would be voting on until they appeared before
the Board. This was the only reason he did not return the call; there was no intent to be
discourteous. Chairman Wische felt it was improper for him to meet with Attorney
Morell.
Assistant City Attorney Tolces added that Board members could during the hearing,
disclose any ex-parte communications they may have had. When the ex-parte
communication is disclosed, it is deemed non-prejudicial because it would be on the
record.
Attorney Morell shouted a motion to voir dire the declaration of ex-parte communication.
Chairman Wische warned Attorney Morell not to interrupt the proceedings.
Assistant City Attorney Tolces added that the Chairman is authorized under ~2-11 of the
City Code that once a warning has been given to an individual, and that person does
not comply with the Chairman's request, the Chairman could have that person removed
from the Chambers.
9
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
Attorney Weiner responded that Attorney Morell could have the microphone, duly noting
all of his objections, and he could make them at that time, and not interfere with the
applicant's presentation.
Mr. Saberson reported that he spoke with Commissioner Ensler concerning this matter.
Mr. Baldwin reported that he spoke with Commissioner Ensler on the telephone.
There were no other ex-parte communications revealed.
Attorney Weiner inquired if the conversations the Board members had with the elected
Commissioner prejudiced their vote and they responded it did not.
Originally Attorney Weiner explained he was present to discuss a carwash that resulted
in 146 trips, 14 at peak hours, on a road that carried 20,000 to 30,000 cars per day. He
did not think they could have a project on the site that would generate less traffic. The
carwash is approximately 4,900 square feet on 9/1Oths of an acre that covered . less
than 15% of the property. The building is actually 15% feet lower than allowed and was
located 55 feet from the north property line, but it could have been 15 feet.
Attorney Weiner noted they were not trying to force the building upon everyone in the
neighborhood. The project contained more landscaping than required by code. The
carwash is no longer a Rapido Rabbit carwash because they lost the franchise because
the applicant was required to be too garish.
Attorney Weiner discussed ingress and egress to the site and how the traffic would be
handled to provide 200 feet of stack-up. It only took three minutes to wash a car;
therefore there would never be enough cars in the stack-up zone to get close to the
street. The carwash is designed with all extra expenses. The only people near the site
live 250 feet across the canal. He pointed out the carwash is a permitted use. Other
permitted uses are towing companies with outside storage. His client wanted the project
to look good, not garish and to make it fit and become the hometown carwash.
Attorney Weiner noted to obtain a conditional use approval there are 12 standards to be
met and they have met them all. He pointed out there is a 13th requirement that
required a sound report for bars and nightclubs, but the applicant was agreeable to
obtaining one for his project, even though it was not required. A copy of the report had
been previously distributed. Attorney Weiner noted there were 13 pages of technical
data in the file regarding the vacuums and central blowers of the carwash. Mr.
Cuschiere, that performed the study, is present to answer any questions.
Attorney Weiner noted that when people purchased their homes in Goltview Harbor,
they knew what surrounded their homes that included M-1 zoning. The applicant is a
concerned owner that wants his business to look good. Attorney Weiner pointed out the
project was compatible with the area and, in fact, even improved the area.
10
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
Attorney Weiner reported Steve Boudreau was present and is an expert in the
operations of carwashes. He is available to answer any operational questions. Also, Mr.
Bradley Miller, the Land Planner, was present.
Attorney Weiner requested to address the wall that staff was requesting. He felt that
landscaping and shrubbery would be much better than a wall. If they built a wall, it
would be subject to graffiti, maintenance, and crime. He felt putting up a masonry
straight wall would be a step backwards. The noise study indicated the project would
not create noise in excess of the code. The City has a Code Enforcement Division for
this purpose. He felt it was foolish to require another noise report, when they voluntarily
provided a report that was not required. He pointed out the item would not go to the City
Commission until December 6th, which would provide the City sufficient time to have
another study done. Attorney Weiner requested the Board make a recommendation so
the project could move forward. They want to be a good neighbor and show people that
seem to have a hatred for the carwash, that the applicant is not their enemy and the
. project is a good project.
Mr. Casaine had a question for Steve Boudreau.
Steve Boudreau, 275 Eliot Street, Beverly, Massachusetts assumed the podium.
Mr. Casaine asked Mr. Boudreau if he was familiar with Motor City Carwash. Mr.
Boudreau was aware of it. Mr. Casaine was familiar with Motor City Carwash as far as
its operation and noise and asked Mr. Boudreau if he could compare the noise level of
Motor City Carwash to the applicant's facility.
Mr. Boudreau reported that Motor City Carwash has a central vacuum system and when
pulling into the site the vacuum hoses were visible. A central vacuum system is the
noisiest system. The applicant's facility does not have this type of vacuum system. It will
have small self-service individual units. The blowers inside the carwash are muffled.
The blowers at Motor City are somewhat similar to the applicant's blowers.
Ms. Johnson asked Attorney Weiner if they were agreeable with the hours of operation,
Le. 7:00 a.m. to 7:00 p.m. Attorney Weiner responded they were in agreement with the
hours. Ms. Johnson inquired if the business would operate seven days per week and
was informed that it would.
Ms. Jaskiewicz pointed out there are other carwashes located near the applicant's site
at Woolbright Road. Those two establishments have ingress and egress from two
different streets. She felt this was a big. difference from the applicant's ingress and
egress. Attorney Weiner responded the applicant's site has two ingresses and
egresses as well. In addition, there will be a monument sign indicating how to enter the
carwash. People would make a turn at the light, go around the backside and enter the
carwash that would be safest way to enter the site. There is a right turn only onto
Congress Avenue.
Chairman Wische opened the public hearing.
11
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
Mike William Morell, P.O. Box 18649, West Palm, Beach stated he is an attorney and
practices land use and administrative law. He was present on behalf of his clients, Dr.
Christopher and Mrs. Linda Chiodo and Christopher and Natalie Maloney that own
property immediately north of the project site.
Attorney Morell pointed out Dr. Chiodo has been a resident of the City for over 32 years
and is very active and supportive of the City's redevelopment endeavors. He was
representing Dr. Chiodo and his wife as residents that are being adversely affected by
the project. Attorney Morell requested that Ms. Chiodo stand up and be recognized.
Attorney Morell's other clients, Christopher and Natalie Maloney, were also present.
Attorney Morell requested he be allowed to point out on the map where his clients live in
relation to the project.
Natalie Maloney, 1460 SW 28th Avenue, took the podium and pointed out where she
lived on the map. Ms. Maloney also pointed out the location of the Chiodo's property.
Attorney Morell noted the Chiodo's property is vacant land and they live at 2515 SW
13th Court, which is Golfview Harbor Terrace. Dr. Chiodo intended to use the vacant lot
to build a home for his daughter who recently married.
Attorney Morell pointed out the issue before the Board is whether the City of Boynton
Beach applies consistent rules to the location of carwashes throughout the City and
whether or not the carwashes are compatible with residential uses.
Attorney Morell apologized for making the earlier objections, but noted a lawyer has a
duty to his clients to make a record. When the Board departed from the procedures in
the code with regard to how quasi-judicial proceedings are conducted, he felt it was
necessary to make the objections. Attorney Morell also apologized if he offended
anyone.
Attorney Morell pointed out that Mr. Weiner noted on the record that this was a quasi-
judicial proceeding after the proceeding had already begun. It was most unusual that
the declaration of ex-parte communications did not occur at the beginning of the
meeting and Board members began to ask questions of staff. He noted that Mr. Cwynar
innocently voiced an opinion as to whether or not another expert opinion was needed.
Attorney Morell felt Mr. Cwynar did this in good faith. Normally when a Board declares
an ex-parte communication, they normally declare whom they spoke to, the nature of
their communications and declare whether or not that person has an open mind on the
issue and is still capable of making a decision based on all the evidence heard. Since
this was not done in this case, Attorney Morell requested to preserve that objection.
Chairman Wische called for point of order and asked Attorney Morell why he thought
the Board made a decision prior to what he brought up. Attorney Morell felt it was
improper for Board members to voice opinions before they have heard all of the
testimony in the proceeding. Attorney Morell felt Mr. Cwynar voiced an opinion in good
faith, but he felt what he said could be cured if Mr. Cwynar told Attorney Morell,
12
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
notwithstanding what he said, he was capable of hearing all of the evidence before he
made a decision on the issue.
Chairman Wische responded that all Board members have a duty to the City. This is a
pro bono Board, but they follow City Codes and Ordinances. Speaking for all Board
members, Chairman Wische noted members receive their backup material prior to the
meetings and have an opportunity to study the material before they meet. When they
attend the meeting, members listen to the applicant, the public hearing is declared,
questions are asked, and after everyone has been heard, Chairman Wische would call
for a motion. He was offended that Attomey Morell implied that the members were not
acting correctly. Chairman Wische pointed out that he is the Chairman, he runs the
meeting and he vouches for the Board. He did not want to hear any insinuations that
they are doing anything wrong.
Attorney Morell said he was duty bound for his client to make a record. He requested to
present an objection that Chairman Wische was not allowing him to present an oral
presentation. He said that quasi-judicial decorum allowed him to make presentations,
but requested to move on. Chairman Wische said he could move on, but he should be
cautious about what he said about the Board.
Attorney Morell said his client had a right of free speech to say whatever she believed
before the Board. If his clients cannot say what they believe, Attorney Morell felt it was
evidence that the City's procedures have been violated. He further stated Chairman
Wische was wrong as a matter of law, and the Board was denying citizen participation.
Attorney Morell wished to address Mr. Saberson's question to staff regarding the
application of the NO!. He stated the NOI was adopted for the study of the M-1 zoning
district that recognized the vested rights of applicants that submit applications before
changes are made in the code. An NOI is actually a moratorium that stopped
applications from being submitted until the City decided on how it wanted to proceed.
Therefore, if the City decided to amend the Code that stopped the application process,
Attorney Morell felt the applicant had no vested rights. He would only agree with staff if
the City chose to take the study and amend the Code.
This is a quasi-judicial proceeding and the case at hand is a conditional use application.
Information within that study, even at this stage and regardless of its content, would be
the best evidence whether the application met the existing regulations. Attorney Morell
pointed out the application makes major findings on the City's six M-1 zoning districts. It
also contained a great many interesting comments about the district in which the site of
the application is located. He would request, in addition to staffs request, that the
Board postpone the item until staff had an opportunity look at the study.
Attorney Morell noted that on Friday, staff did not have the sound study and staff was
recommending that the matter be delayed until the study was received. The study has
now been received; however, staff is still asking for additional time to review it. Attorney
Morell would like more time to review the information and felt the City's rules of public
13
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
"
November 22, 2005
participation should afford his clients the right to look at the sound study. He asked
Attorney Weiner before the meeting to delay the matter, but he was not agreeable to
doing this.
Attorney Morell noted the matter would be on the City Commission's agenda for
December 6th. Attorney Weiner sent a letter to the City Commission informing them that
he had a conflict that night and must be in Delray Beach and Boynton Beach the same
night. As a result, Attorney Weiner requested that Delray Beach place his item at the top
of the agenda and Boynton Beach to put their item at the end of the agenda. Attorney
Morell felt this was against public participation. His clients worked hard to gather 2,000
signatures protesting the carwash and they had a chance to be heard during the
rezoning hearings. He would like them afforded the same courtesy on the conditional
use hearing. He felt that having the matter on the agenda at 11 :00 p.m. was too late for
people to be heard.
Attorney Morell requested the matter be continued for one month to allow him time to
find an expert to do an additional sound study that would address Mr. Cwynar's
question if another study were necessary. Attorney Morell questioned the fact that Mr.
Cwynar, after his question was answered, voiced an opinion that they did not need any
more information on the sound study to make a recommendation.
Mr. Casaine interpreted this to mean that Attorney Morell was accusing a Board
member of stating there was no need for another study. What Mr. Cwynar actually said
was why would another opinion be needed. Further, Mr. Casaine requested that
AttorneY Morell refrain from reminding the Board members of their responsibilities
because it was not necessary.
Mr. Casaine requested that a time limit be set for Attorney Morell to speak because
there are other people that would like to speak. Attorney Morell took offense to this
remark and inquired if Attorney Weiner was allowed to speak longer than he was.
Chairman Wische requested Attorney Morell stay with the issue at hand.
Attorney Morell said there is an issue whether the City's Planning and Development
Board is required to follow all of the City's quasi-judicial procedures.
With regard to the issue of public participation that Attorney Morell continued to raise,
Chairman Wische pointed out it was this Board that instituted public hearings many
years ago. Chairman Wische noted this Board conducted public hearings on every
issue.
Attorney Morell stated the interruptions continue to deprive him of his right to make his
record. Attorney Morell requested he be allowed to voir dire those Board members that
declared. ex-parte communications, which he equated to three.
Attorney Morell noted Chairman Wische acknowledged his telephone call, but did not
call him back. Attorney Morell asked Chairman Wische if spoke with anyone else about
14
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
the application to allow carwashes in the M-1 zoning district as conditional uses since
the adoption of the ordinance. Chairman said he did not speak with anyone to his
knowledge. Attorney Morell asked Chairman Wische if he spoke with anyone previously
and Chairman Wische asked Attorney Morell if he was on trial.
Attorney Tolces announced that the Board members have complied with their
responsibilities under the City's ex-parte communications and are under no obligation to
answer any questions posed by Mr. Morell. Attorney Morell disagreed, but would
reserve his objections.
Attorney Morell stated this is a case whether the City fairly applied its existing
regulations for allowing carwashes and whether all neighborhoods are treated the
same. Attorney Morell felt there is a difference in the way the law is being applied in the
City.
c,
The minutes of the City Commission Meeting of October 21, 2003 show the City applied
variances to a carwash located in Commissioner McCray's district called the Marouf
Carwash and was approved over the objections of the neighborhood residents. When
the vote was taken, Commissioner McCray opposed the variances. At the next
Commission meeting, a motion was made to rescind the quasi-judicial variance on the
grounds of incompatibility. Over the objections of the. City Attorney regarding possible
legal ramifications, the City reversed its vote and the variances were rescinded 5-0.
Attorney Morell requested that the Commission minutes of October 21, 2003 and
November 18, 2003 be included with the minutes of this meeting. Attorney Morell
provided copies to the Clerk.
Chairman Wische requested Attorney Morell sum up his testimony. Attorney Morell
asserted that his rights have been denied because of all the side bar interruptions.
Mr. Saberson requested that Attorney Morell be provided five more minutes to sum up
his presentation. Chairman Wische granted Attorney Morell three minutes for
summation.
Attorney Morell noted there was no clock running, to which Chairman Wische took
offense to the comment. Attorney Morell requested to discuss the wall. He noted the
staff report recommended a wall be constructed on the applicant's property. The
applicant is requesting shrubbery in place of a wall. This is the only condition in dispute
raised by Attorney Weiner. Attorney Morell stated there are legal and impact grounds
why the wall should be placed between the carwash and his clients' properties. They
have tried to ask the developer to place the wall to obstruct sight and sound that he
considered a reasonable condition. He noted the wall placed by the self-storage facility
proved beneficial to Golfview Harbor, and he would like this wall extended to the
carwash property as well. If the wall were extended out to Congress Avenue, it would
mitigate the noise. Attorney Morell felt this Board has the right to ask that the wall be
15
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2005
placed on the joint property, since the applicant has refused to place the wall on his
property .
Klaus Weyers, 1079 Kokomo Key Lane, Delray Beach, Florida, was amazed at how
the proceedings have gone tonight. Mr. Weyers was a real estate agent. He sells
property in Boynton Beach and plays tennis in Caloosa Parle He would like to have a
carwash in the vicinity so after he plays tennis, he could get his car washed.
Mr. Weyers pointed out there has been no regard for the business people that have
purchased the property and invested their money. He felt they were being required to
jump through hoops for more than one year to get their project approved. He thought a
great deal of money was being spent needlessly. He requested that the Board approve
the carwash.
Ken Sengage, 201 East Boynton Beach Boulevard, would like to see the case
postponed so that additional sound studies could be conducted. He felt the sound study
indicating 69 to 70 decibels is inaccurate. He owned the carwash across from City Hall
and his blowers put out 110 decibels according to his sound meter. He would
recommend that the case be postponed for one month until the sound studies are done
properly .
Mr. Saberson said if the conditional use application was filed after the Notice of Intent,
he felt the results of the application would be subject to the NO!.
Attorney Morell responded that the applicant filed their application prior to the NOI
taking effect. This was not the issue according to Attorney Morell. The issue is whether
the information could be used for purposes of making decisions on the conditional use
application. Attorney Morell was not going to represent that the applicant should not
have vested rights to any subsequent changes to the ordinances that are made as a
result of the report. Attorney Morell stated the applicant had vested rights with regard to
any changes in the LOR. He felt, however, the information in the report is relevant
whether a conditional use application should be granted.
Attorney Weiner inquired if the Board would be amenable to allow him a rebuttal and
Chairman Wische instructed Attorney Weiner to give his rebuttal at this time.
. Attorney Weiner referred to the one house that was north of the property and was, in
fact, only a short distance from Congress Avenue. He noted the acoustical engineer
reported that the background traffic on Congress Avenue either equaled or exceeded
the carwash blowers. He pointed out that this person purchased the house knowing that
it was located next to Congress Avenue. Attorney Weiner did not feel that a carwash
located 250 feet from the house would disturb the occupants of that house.
Attorney Weiner also pointed out that the owner of the house could build their own wall
or fence if they so desired. He also noted the project has exceeded the standards set by
the code and they provided an acoustical report, which they were not required to do. He
16
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22, 2006
also pointed out, except tor himself and staff, no one else addressed the 12 standards
that must be met under Section 11.0 tor granting a conditional use. Attorney Weiner
requested the Board look at those standards when considering the request for a
conditional use approval.
Attorney Weiner concluded his report
Mr. Casaine noted that he and the other Board members consider the
recommendations and look at the analysis of staff when items come before the Board.
He is proud of staff's work and telt they did an excellent job for the City. The Board does
not always go with staff's recommendation and may have criteria of their own, but the
Board is committed to the City.
Mr. Casaine addressed whether the carwash would be compatible with other uses in the
area and hetelt it would be. He pointed out Tire Kingdom, located across the street, is
in an industrial area. He went out to the site several times to make sure the carwash
would not interfere with the lifestyle of the nearby residents.
Mr. Casaine noted that Motor City Carwash is directly across the street from Santaluces
High School and next door to a grammar school. In addition, there are very nice homes
that surround Motor City carwash. He pointed out when you stood outside Motor City
Carwash there was very little noise, except for a slight humming. This carwash has nine
blowers operating at full blast.
With regard to Main Street Carwash, Mr. Casaine noted the noise that emanates from
that carwash far exceeds other carwashes that he visited. He pointed out he was a
customer of Main Street Carwash.
If Mr. Casaine thought the noise from the carwash would disturb the nearby residents,
he would make sure buffers to shield the noise were installed. However, this is not the
case and he did not feel it was necessary for the project. Mr. Casaine felt a carwash
along Congress Avenue would make less noise than the traffic along Congress Avenue.
He referred to the acoustical study that was provided to the members. He did not feel,
even though staff was recommending it, that another study be done. With regard to
other developments in the area, Mr. Casaine felt they should not even be in the picture
because they are not near the site.
Mr. Casaine was ashamed the City put businesspeople through the exercise that has
taken place tonight. In his opinion, there was no justification to deny the carwash, since
this Board previously approved Motor City Carwash.
Ms. Jaskiewicz asked Mr. Casaine if he spoke so passionately when the carwash in
Commissioner McCray's district was being considered and asked why that carwash was
not allowed. Mr. Casaine said he supported that carwash as well and spoke in favor of
approving it before the City Commission. The reason why the Marouf carwash was
disapproved was due to the concern of the residents that lived in the neighborhood.
17
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 22,.2005
They spoke at the meetings citing illegal activities taking place near the Marouf property
that had nothing to do with what was being discussed tonight.
Chairman Wische closed the public hearing.
Mr. Saberson favored staff's request for another acoustical study before this Board
considered the application. He felt that noise was the biggest consideration for the
project.
Chairman Wische pointed out the project had been tossed around. No matter what the
applicant agreed to, staff found another issue to deal with and the project kept getting
postponed. Chairman Wische noted several carwashes have been built in the City and
he was not aware of any carwash being required to obtain a certified acoustical study.
He was surprised that staff again wanted to postpone the item in order to obtain another
acoustical study. If staff wanted another study done, they could do so prior to the
Commission meeting in December. He was not in favor of delaying the project any
further because it was not fair to the applicant.
Motion
Mr. Casaine moved that the request for Conditional Use and Site Plan approval for a
4,595 square foot automated carwash facility and related site improvements on a 0.88-
acre site zoned M-1, Industrial be approved with all staff conditions, with the exception
that the buffer be the buffer indicated by the applicant.
Ms. Jaskiewicz inquired if Mr. Casaine intended to eliminate the wall recommended by
staff. Mr. Casaine said this was correct.
Ms. Johnson seconded the motion.
Vote
The Recording Secretary called the roll. The motion carried 4-3 (Ms. Jaskiewicz, Mr.
Saberson and Mr. Baldwin dissenting).
Recess was declared at 8:28 p.m.
The meeting reconvened at 8:40 p.m.
Attorney Tolces reported that Mr. Saberson left the meeting and it would be in order to
ask the new alternate to assume his place. Ms. Grcevic replaced Mr. Sabersonat the
dais.
C. Nautica
Master Plan Modification.
1.
Project:
Agent:
Nautica (MPMD06-012)
Troy Cool and Robert Williams
18
VIII.-PUBLIC HEARING
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
o December 6, 2005
o December 20, 2005
o January 3, 2006
o January 17, 2006
November 14, 2005 (Noon.)
o February 7, 2006
ISI February 21 2006
o March 7, 2006
o March 21 , 2006
January 17,2006 (Noon)
December 5, 2005 (Noon)
February 6, 2006 (Noon)
December 19,2005 (Noon)
February 21, 2006 (Noon)
January 3, 2006 (Noon)
March 6, 2006 (Noon)
-~-
.j
,
......--.-
.'f;
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
ISI Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
ISI Legal
o Unfinished Business
o Presentation
\'-)
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:"'.J
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<-, -::>
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-r
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~,
RECOMMENDATION: Please place this request on the February 21,2006 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board recommended that the subject
request be approved on January 24,2006. For further details pertaining to the request, see attached Department
Memorandum No. PZ 06-006.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Southern Dance Studio (ANEX 06-006)
Bradley Miller, Miller Land Planning Consultants
Southern Dance Theatre, Inc.
East side of Knuth Road, approximately 495 feet south of Old Boynton Road (1203
Knuth Road)
Request to annex subject property.
DESCRIPTION
PROGRAM IMPACT: N/A
FISCAL IMPACT: ~/A
ALTERNATIVES: N/A
Development epartment Director
~M'
tL r-) ~
Planning and Zo . g Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Southem Dance Theatre\ANEX\Agenda Item Request Southern Dance Studio ANEX 06-006 2-21-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DIVISION
MEMORANDUM NO. PZ 06-006
STAFF REPORT
Chair and Members
Planning and Development Board
Hanna Matras
Planner ((J
Michael W. Rumpf (l\l'
Director of Planning and Zoning
January 5, 2006
Southern Dance Theatre
ANEX 06-001 & LUAR 06~001
To annex the property; to amend the Future Land Use
designation from the Palm Beach County's CH/8 (Commercial
High Intensity with underlying High Residential 8) to LRC (Local
Retail Commercial) and rezone from Palm Beach County's
Agricultural Residential (AR) to Community Commercial (C-3).
Property Owner:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Southern Dance Theatre, Inc., Penni A. Greenly, Managing
Member
Southern Dance Theatre, Inc./Miller Land Planning Consultants,
Inc.
1203 Knuth Road (Exhibit "A")
:1:0.92 acres
CH/8 (Palm Beach County)
AR (Palm Beach County)
LRC (Local Retail Commercial)
C-3 (Community Commercial)
Recreational Instruction/Commercial Retail
File Number: LUAR 06-001-ANEX 06-001
Southern Dance Theatre
Adjacent Uses:
North:
Developed commercial property (Stor All), designated OC
(Office Commercial) and zoned C-1 (Office Professional).
South:
Developed commercial property (Walmart Supercenter's
retention pond) designated LRC (Local Retail Commercial)
and zoned C~3 (Community Commercial).
East:
Developed commercial property (Walmart Supercenter's
parking lot) designated LRC (Local Retail Commercial) and
zoned C-3 (Community Commercial).
West:
Right-of-way of Knuth Road, then a property in
unincorporated county developed with a single-family home
with the Palm Beach County's land use designation of High
Residential 8 and the County's zoning of AR (Agricultural
Residential) .
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning
for the following reasons:
1. The request is consistent with the objectives of the City's annexation program;
2. Annexation of the subject property will eliminate a pocket of an unincorporated county
area surrounded on three sides by the City boundary;
3. The proposed zoning is generally compatible with adjacent land uses;
4. The impacts on public infrastructure and services are not significant and can be
accommodated with the existing capacity;
5. Although the request is not consistent with two Comprehensive Plan policies, the said
policies have been examined and, given the time elapsed since the underlying studies,
deemed no longer relevant; and
6. The application meets review criteria as required by the Land Development Regulations.
PROJECT ANALYSIS
The subject parcel totals :t 0.92 acres. Because of the size of the property, the Florida
Department of Community Affairs classifies this amendment as a "small scale" amendment. A
"small-scale" amendment is adopted prior to forwarding to the Florida Department of
Community Affairs and is not reviewed for compliance with the state and regional plans prior to
adoption.
2
File Number: LUAR 06-001-ANEX 06-001
Southern Dance Theatre
The parcel, at present vacant, has a county's land use designation of CH/8, Commercial High
with an underlying residential density of 8 units per acre (the property's zoning of Agricultural
Residential is inconsistent with the CH/8 land use). The HC/8 designation, which encompasses
community and regional commercial land uses, allows for a higher commercial development
intensity than the requested city's land use of Local Retail Commercial: a maximum FAR (f1oor-
area ratio) of 0.85 (depending on the zoning district, and with an exception up to 1.0) as
opposed to a maximum FAR of 0.5 for the city's Local Retail Commercial. At the other hand, the
CH/8 underlying residential density of 8 dwellings per acre is lower than the permitted
maximum of 10.8 dwelling units per acre in LRC. Therefore, the overall intensities of land uses
permitted under the current county's CH/8 and the proposed city's LRC designations are
comparable.
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a requirement that all new residential
developments of more than 50 units, which are located in the Hurricane Evacuation
Zone, will provide continuing information to residents concerning hurricane
evacuation and shelters through the establishment of a homeowners' or residents'
association. The planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
The review of the proposed land use amendment against the City of Boynton Beach
Comprehensive Plan focuses on two policies in the Land Use Element which discourage all
changes of land use and zoning that would bring additional commercial uses. These are:
Policy 1.17.1 The City shall continue to discourage additional commercial and industrial
uses beyond those which are currently shown on the Future Land Use Map,
except where access is greatest and impacts on residential land uses are
least
and
Policy 1.19.6 The City shall not allow commercial acreage which is greater than the
demand which has been projected, unless it can be demonstrated that the
additional commercial acreage would not require the proportion of
commercial acreage on the City's Future Land Use Map to exceed the
proportion of commercial acreage on the Palm Beach County Future Land
Use Map. The City shall not allow commercial unless a particular property is
unsuitable for other uses, or a geographic need exists which cannot be
fulfilled by existing commercially-zoned property, and the commercial use
would comply with all other applicable comprehensive plan policies,
3
File Number: LUAR 06-001-ANEX 06-001
Southern Dance Theatre
Policy 1.17.1 stems from the general objective of preventing and minimizing land use conflicts;
the relevance of this issue in the context of the proposed amendment will be addressed in the
next section. The foundation of policy 1.19.6 is the commercial demand analysis performed in
1989. Clearly, market conditions have changed, and so have the city's ideas about its future. In
particular, concerns about depleting the residential land inventory through re-designations to
commercial or industrial uses lost some of its validity as increased densities in many locations
can accommodate population growth. Moreover, commercial uses create employment and,
since their demand for city's services is lower than the demand generated by residential uses,
they contribute significantly to the tax base and their net fiscal impact is always positive.
There are no other Comprehensive Plan policies applicable to the proposed amendment.
However, protection of residential neighborhoods, the chief intent of the above mentioned
Policy 1.17.1, is further reflected in a recommendation contained in Section VIII of Land Use
Problems and Opportunities of the Future Land Use Support Document. This section, initially
adopted into the Comprehensive Plan with the objective of directing development and
redevelopment activities in nine (9) planning areas within the city, has at present advisory
purpose. Nonetheless, since the said recommendation and Policy 1.17.1 share the same
premise, and, moreover, the recommendation pertains specifically to the future land use of the
subject parcel, staff will bring it to address the issue of potential land use conflicts in the
context of the proposed rezoning.
The subject property is located in planning area 7f. The recommendation reads:
7,f. Incoroorated and Unincoroorated Parcels Bounded bv Congress Avenue, Old
Bovnton Road Knuth Road and L. w'D.D. L -24 Canal
(..) In order to minimize land use conflicts with the residential land uses which
lie to the west;. those parcels which abut the east side of Knuth Road should be
placed in the Office Commercial land use category. The City should require that
commercial development of these properties includes the provision of adequate
buffers to protect the residential land uses which lie to the west, High Density
Residential or mixed-use residential and commercial development should be
considered to be an alternative land use, if roadway capacity proves to be a
problem. Residential densities up to 10.8 dwelling units per acre would be
permitted in this case.
The requested land use category of Local Retail Commercial allows for a higher intensity
commercial development than the above recommended use of Office Commercial. A request for
the latter category would entail the C-2 neighborhood commercial zoning district, which permits
the proposed use of recreational instruction, but restricts gross floor area of such uses to 5,000
square feet. Since the instruction component of the proposed project is planned at
approximately 8,000 square feet (the site plan is being processed concurrently), the LRC land
use designation and C-3 zoning district, which allows the use without restrictions, is needed to
accommodate the request.
The C-3 Community Commercial District does permit a number of intensive retail commercial
uses. However, the subject parcel, given its poor visibility and accessibility, is an unsuitable
location for such uses. It can also be argued that the magnitude of potential land use impacts
upon the residential uses along the west side of Knuth Road would be limited by both the parcel
size and the pattern of residential developments. Of these developments, the Village of
4
File Number: LUAR 06-001-ANEX 06-001
Southern Dance Theatre
Oakwood West condominium located on the south-west corner of Boynton Beach Boulevard
and Knuth Road has no access from Knuth Road and a setback of approximately 80 feet and
the assisted living facility HCR Manor Care located to the north-west of the subject property has
access from Knuth Road but its setback from the road is over 330 feet. In terms of potential
land use conflicts, the main concern is thus two lots located directly west from the subject
parcel, both currently in unincorporated county and classified High Residential 8. One is
currently vacant, while the other is developed with a single-family home and has recently been
purchased by a commercial entity. The parcels can potentially be assembled and redeveloped
with a multifamily residential use.
Finally, the applicant has agreed to a deed restriction limiting uses of the subject parcel if
deemed necessary.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare,
The proposed rezoning would not constitute a grant of special privilege to the property owner.
It would not be contrary to the established land use pattern, as the adjacent Walmart property
is similarly classified, but its potential relatedness to the surrounding land uses is limited,
primarily by the property's small size and limited accessibility.
c. Whether changed or changing conditions make the proposed rezoning desirable.
Favorable real estate market conditions continue to provide strong development and
redevelopment incentives. Since the property is being annexed, it must be assigned the City of
Boynton Beach land use and zoning designations. If the property were to remain within the
county, any development proposal with the possible exception of a single-family home would
also trigger rezoning, due to the inconsistency between the current land use and zoning district.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
Since the proposed land use designation of Local Retail Commercial has a potential intensity
comparable to the current county designation, there would be no change to potential impacts
on road facilities. In this situation, no long-term traffic analysis is required by the county. Traffic
concurrency analysis, which evaluates the project's conformance with the County's Traffic
Performance Standard Ordinance, has been submitted and will be revised as part of the site
plan review.
The Utility Department staff has advised that the sufficient potable water and sewer capacity
exists to serve the property at the proposed zoning. Likewise, according to the Fire Department
there are no capacity issues in meeting the demand for fire and rescue services generated by
uses permitted under the proposed zoning. The soon-to-be completed Fire Station #2 on
Woolbright Road is located about 1.25 mile away from the subject property.
The Police Department staff indicated that the capacity exists to provide adequate service to all
uses for the proposed zoning.
5
File Number: WAR 06-001-ANEX 06-001
Southern Dance Theatre
e, Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties,
The proposed rezoning would not create significant land use conflicts with the current and
future uses of adjacent and nearby properties (for compatibility discussion, see criterion 'aj. It
would therefore be highly unlikely for the proposed rezoning to affect the property values of
adjacent properties.
f. Whether the property is physically and economically developable under the existing
zoning,
The property is being annexed and must be assigned the City of Boynton Beach land use and
zoning district. It is not economically developable under the existing Palm Beach county zoning.
Its only possible use would be a single family home, clearly not the highest and best.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole,
The scale of the proposed rezoning is small; it has no impact on the city as a whole. As stated
in 'd', its potential relatedness to the surrounding land uses and therefore to the needs of the
neighborhood is limited.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed
This criterion pertains mainly to rezonings within the city's boundary. The subject property is
being annexed and therefore would require a City of Boynton Beach land use classification and
zoning district.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the objectives of the City's annexation
program; the proposed zoning is generally compatible with adjacent land uses; and the impacts
on public infrastructure and services are not significant and can be accommodated with the
existing capacity. Finally, although the request is not consistent with two Comprehensive Plan
policies, the said policies have ,been examined and, given the time elapsed since the underlying
studies, deemed no longer relevant. Therefore, staff recommends that the subject request be
approved. If the Planning and Development Board recommends or the City Commission
requires conditions, they will be included within Exhibit "B".
S:\Plannlng\SHARED\WP\PROJECTS\Southem Dance Theatre\LUAR\STAFF REPORT 5 Dance Theatre,doc
6
EXHIBIT A
LOCATION MAP
Southern Dance Theatre: ANEX 06-001 and LUAR 06-001
T
. OL.. 80YNTON RD
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
January 24, 2006
allowed some changes to be made that had occurred during the time elapsed from the original
approval to the request for extension.
Diana Johnson confirmed the square footages for the various phases, including Phase 3. Ms.
Jaskiewicz noted there was nothing in the agenda packet about Phase 3 except a proposed
square footage.
Vahram Danielian, a representative of the Armenian Cultural Association, stated they
had agreed to a four-foot high wall and after the informal meeting agreed to a six-foot high
wall. They also agreed at that meeting to extend the wall all around the property abutting the
residential area. The Leisureville residents were concerned the gymnasium slated for Phase 3,
potentially, would create noise. Also, Leisureville residents were concerned the building would
be a big, unadorned "box" and not attractively presented. The representatives from the
Armenian Cultural Association had advised the Leisureville residents the gymnasium was
important to them. Also, the gymnasium would be made of cinderblock stucco construction, and
completely enclosed. It would be soundproof. There would be no problem with noise. The
architect presented a sketch at that time showing the building was not going to be a simple
"box." It would be nicely constructed to harmonize with the neighborhood.
Motion
Mr. Cwynar moved to approve the request for a second (1) one year time extension of the site
plan approval granted on September 2, 2003, from September 2, 2005 to September 2, 2006.
Mr. Casaine seconded the motion.
Mr. Saberson asked whether Mr. Cwynar wanted to amend the motion to include the
agreements made at the informal meeting. The motion could ask the City Commission to
consider the changes and make a judgment about them. Mr. Saberson reiterated the conditions
mentioned in the staff report. Chair Wische stated staff could report that back to the Board.
Chair Wische wanted to hear a report on the conditions.
Mr. Cwynar was not interested in amending his motion.
The motion passed 6-1, Ms. Jaskiewicz dissenting.
VII. New Business
A. Annexation
1.
Project:
Southern Dance Theater (ANEX 06-
001)
Bradley Miller, Miller Land Planning
Consultants
Southern Dance Theater, Inc.
East side of Knuth Road, approximately 495
feet south of Old Boynton Road (1203
Knuth Road)
Request to annex subject property
Agent:
Owner:
Location:
Description:
5
Meeting Minutes
Planning & Development Board
_~o'il!~o_1'! ~each, Florida
January 24, 2006
Hanna Matras, Planner, reviewed the annexation and land use plan amendment/rezoning
concurrently. Staff recommended approval of the annexation for the reasons listed in the staff
report.
Bradley Miller, Miller Land Planning Consultants, offered to answer any questions.
Chair Wische opened the floor for the public to speak, and closed it when no one came forward.
Motion
Ms. Johnson moved to approve annexation of the subject property. Mr. Cwynar seconded the
motion that was approved 7-0.
Land Use Plan AmendmenURezoning
2.
Project:
Agent:
Southern Dance Studio (LUAR 06-001)
Bradley Miller, Miller Land Planning
Consultants
Southern Dance Theater, Inc.
East side of Knuth Road, approximately 495
feet south of Old Boynton Road (1203
Knuth Road)
Request to amend the Comprehensive Plan
Future Land use Map from Commercial High
Intensity (CH/8, Palm Beach County) to
Local Retail Commercial (LRC); and
Owner:
Location:
Description:
Request to rezone from Agricultural
Residential (AR, Palm Beach County) to
Community Commercial (C-3).
Hanna Matras, Planner, reviewed the land use plan amendment/rezoning and indicated staff
recommended approval, for the reasons listed in the staff report.
Chair Wische opened the floor for the publiC to speak, and closed it when no one came forward.
Motion
Ms. Johnson moved to approve the request of Southern Dance Studio to amend the
Comprehensive Plan Future Land Use Map from Commercial High Intensity (CH/8, Palm Beach
County) to Local Retail Commercial (LRC). Ms. Jaskiewicz seconded the motion that carried 7-0.
Motion
Ms. Johnson moved to approve the request of Southern Dance Studio to rezone the subject
property from Agricultural Residential (AR, Palm Beach County) to Community Commercial (C-
3). Ms. Grcevic seconded the motion that carried 7-0.
6
II
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, ANNEXING 0.92+/- ACRES OF
5 LAND THAT IS CONTIGUOUS TO THE CITY
6 LIMITS WITHIN PALM BEACH COUNTY AND
7 THAT WILL, UPON ANNEXATION, CONSTITUTE
8 A REASONABL Y COMPACT ADDITION TO THE
9 CITY TERRITORY; PROVIDING THAT THE
10 PROPER LAND USE DESIGNATION AND
11 PROPER ZONING OF THE PROPERTY SHALL BE
12 REFLECTED IN SEPARATE ORDINANCES TO BE
13 PASSED SIMULTANEOUSLY HEREWITH;
14 PROVIDING FOR CONFLICTS, SEVERABILITY,
15 AND AN EFFECTIVE DATE; PROVIDING THAT
16 THIS ORDINANCE SHALL BE FILED WITH THE
17 CLERK OF THE CIRCUIT COURT OF PALM
18 BEACH COUNTY, FLORIDA, UPON ADOPTION.
19
20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
21 development of an Annexation Program; and
22 WHEREAS, the Southern Dance Theatre, Inc., owner, by and through their agent,
23 Miller Land Planning Consultants, Inc., of the property more particularly described
24 hereinafter, have heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of
25 the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a
26 certain tract of land consisting of approximately 0.92+/- acres; and
27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
28 following tract of land as hereinafter described, in accordance with Article I, Section 7 (32)
29 of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and
30 WHEREAS, said tract of land lying and being within Palm Beach County is
3 1 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its
S:\CA\Ordinances\PlanninglAnnexationslAnnexation - Southern Dance.doc
1
II
1 annexation, constitute a reasonably compact addition to the City territory.
2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
3 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5
Section 1.
That each and every Whereas clause is true and correct.
4
Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
6 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
7 unincorporated and contiguous tract of land situated and lying and being in the County of
8 Palm Beach, Florida, to wit:
9 The south 128.5 feet of tract forty-eight (48) of section nineteen (19),
10 Township 45 south, Range 43 east, as recorded in the office of the clerk of
11 the circuit court of Palm Beach County, Florida, in Plat Book 7, Page 19
12
13 CONTAINING APPROXIMATELY 0.92+/- ACRES OF LAND
14
15 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
16 and become part of the City with the same force and effect as though the same had been
1 7 originally incorporated in the territorial boundaries thereof.
18
Section3:
That Section 6 and 6(a) of the Charter of the City of Boynton
19 Beach, Florida, is hereby amended to reflect the annexation of said tract of land more
2 0 particularly described in Section 2 of this Ordinance.
Section 4:
That by Ordinances adopted simultaneously herewith, the
21
22 proper City zoning designation and Land Use category is being determined as contemplated
23 in Section 171.162(2), Florida Statutes.
Section 5.
All ordinances or parts of ordinances in conflict herewith are
24
2 5 hereby repealed.
S:\CA \Ordinances\Planning\Annexations\Annexation - Southern Dance.doc
2
II
1 Section 6: Should any section or provision of this Ordinance or any portion
2 thereofbe declared by a court of competent jurisdiction to be invalid, such decision shall not
3 affect the remainder of this Ordinance.
Section 7:
This Ordinance shall not be passed until the same has been advertised
for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
6 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes.
7
Section 8.
This ordinance shall become effective immediately upon passage.
Section 9.
This ordinance, after adoption, shall be filed with the Clerk of the
8
9 Circuit Court of Palm Beach County, Florida.
10
FIRST READING this _ day of
,2006.
11
SECOND, FINAL READING and PASSAGE this _ day of
,2006.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2 6 ATTEST:
27
28
29
3 0 City Clerk
31
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA \OrdinancesIPlanninglAnnexationslAnnexation - Southern Dance.doc
3
VIII.-PUBLIC HEARING
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Fina] Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D December 6, 2005 November ]4,2005 (Noon.) D February 7, 2006
D December 20, 2005 December 5, 2005 (Noon) [8J February 2] , 2006
D January 3, 2006 December] 9,2005 (Noon) D March 7, 2006
D January] 7, 2006 January 3, 2006 (Noon) D March 2], 2006
Date Fina] Form Must be Turned
in to City Clerk's Office
January] 7,2006 (Noon)
February 6, 2006 (Noon)
February 2], 2006 (Noon)" ">--1
..j---....
March 6, 2006 (Noon) "c,'
1'..)
U1
)
"'-.n
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D Administrative D Development Plans u
NATURE OF D Consent Agenda D New Business (,,,)
AGENDA ITEM [8J Public Hearing [8J Legal
D Bids D Unfinished Business L-j
D Announcement D Presentation
D City Manager's Report
CJ
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RECOMMENDATION: Please place this request on the February 21, 2006 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board recommended that the subject
request be approved on January 24,2006. For further details pertaining to the request, see attached Department
Memorandum No. PZ 06-006.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Southern Dance Studio (LUAR 06-006)
Bradley Miller, Miller Land Planning Consultants
Southern Dance Theatre, Inc.
East side of Knuth Road, approximately 495 feet south of Old Boynton Road (1203
Knuth Road)
Request to amend the Comprehensive Plan Future Land Use Map from Commercial High
Intensity (CH/8) (Palm Beach County) to Local Retail Commercial (LRC); and
DESCRIPTION:
Request to rezone from Agricultural Residential (AR, Palm Beach County) to Community
Commercial (C-3).
Proposed use:
Recreational instruction and commercial/retail, totaling 10,000 square feet
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
i~i_hrr'
L(.J ~~
'Planning an 0 rrector City Attorney / Finance / Human Resources
S:\Planning\SHAREDlWP\PROJECTS\Southern Dance Theatre\LUAR\Agenda Item Request Southern Dance Studio LUAR 06-0062.2 ].06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
II
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY SOUTHERN DANCE THEATRE, INC.,
8 AND LOCATED ON THE EAST SIDE OF KNUTH
9 ROAD APPROXIMATELY 495 FEET SOUTH OF OLD
10 BOYNTON ROAD (1203 KNUTH ROAD); CHANGING
11 THE LAND USE DESIGNATION FROM PALM BEACH
12 COUNTY (CH/8) TO LOCAL RETAIL COMMERCIAL
13 (LRC); PROVIDING FOR CONFLICTS,
14 SEVERABILITY, AND AN EFFECTIVE DATE.
15
16 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
1 7 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
18 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
19 Comprehensive Planning Act; and
20 WHEREAS, the procedure for amendment of a Future Land Use Element of a
21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
22 WHEREAS, after two (2) public hearings the City Commission acting in its dual
23 capacity as Local Planning Agency and City Commission finds that the amendment
24 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
25 the best interest of the inhabitants of said City to amend the aforesaid Element of the
26 Comprehensive Plan as provided.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
28 CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 9 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
30 herein by this reference.
S:\CA\Ordinances\Planning\Land Use\Southern Dance.doc
II
1
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use of the following described land located on the east side of
4 Knuth Road approximately 495 south of Old Boynton Road (1203 Knuth Road) in Boynton
5 Beach, Florida shall be changed from Palm Beach County (CH/8) and shall now be
6 designated as Local Retail Commercial (LRC):
7 The south 128.5 feet of tract forty-eight (48) of section nineteen (19),
8 Township 45 south, Range 43 east, as recorded in the office of the
9 clerk ofthe circuit court of Palm Beach County, Florida, in Plat Book
10 7, Page 19
11
12
13 Subject to easements, restrictions, reservation and rights of way of record.
14
15
16 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
17 Future Land Use Plan shall be amended accordingly.
18 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
19 Section 5: Should any section or provision of this Ordinance or any portion thereof be
20 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
21 remainder of this Ordinance.
22 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
23 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
24 Land Development Regulation Act. No party shall be vested of any right by virtue of the
25 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
2 6 including appeals, are exhausted. In the event that the effective date is established by state law or
27 special act, the provisions of state act shall control.
S:\CA\Ordinances\Planning\Land Use\Southern Dance.doc
II
1
FIRST READING this _ day of
,2006.
2
SECOND, FINAL READING and PASSAGE this _ day of
,2006.
3
CITY OF BOYNTON BEACH, FLORIDA
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 ATTEST:
20
21
22 City Clerk
23
24 (Corporate Seal)
25
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Land Use\Southern Dance.doc
II
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF SOUTHERN DANCE
6 THEATRE, INC., AMENDING ORDINANCE 02-013
7 TO REZONE A PARCEL OF LAND LOCATED ON
8 THE EAST SIDE OF KNUTH ROAD
9 APPROXIMATELY 495 FEET SOUTH OF OLD
10 BOYNTON ROAD (1203 KNUTH ROAD), AS MORE
11 FULLY DESCRIBED HEREIN, FROM (AR) PALM
12 BEACH COUNTY TO COMMUNITY
13 COMMERCIAL (C-3); PROVIDING FOR
14 CONFLICTS, SEVERABILITY, AND AN
15 EFFECTIVE DATE.
16
1 7 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
18 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
19 and
20 WHEREAS, Southern Dance Theatre, Inc., owner of the property located on the east
21 side of Knuth Road approximately 495 feet south of Old Boynton Road (1203 Knuth Road)
22 in Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through
23 its agent, Miller Land Planning Consultants, Inc., pursuant to Section 9 of Appendix A-
24 Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of
25 rezoning a parcel ofland, said land being more particularly described hereinafter, Palm Beach
26 County (AR) to Community Commercial (C-3); and
27 WHEREAS, the City Commission conducted a public hearing and heard testimony
28 and received evidence which the Commission finds supports a rezoning for the property
2 9 hereinafter described; and
30 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Southern Dance.doc
II
1 an amendment to the Land Use which was contemporaneously considered and approved at
2 the public hearing heretofore referenced; and
3 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
4 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
7
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
8 herein by this reference.
9
Section 2.
The following described land located on the east side of Knuth Road
10 approximately 495 feet south of Old Boynton Road (1203 Knuth Road) in the City of
11 Boynton Beach, Florida, as set forth as follows:
12 The south 128.5 feet of tract forty-eight (48) of section nineteen
13 (19), Township 45 south, Range 43 east, as recorded in the office
14 of the clerk of the circuit court of Palm Beach County, Florida, in
15 Plat Book 7, Page 19
16
1 7 be and the same is hereby rezoned from Palm Beach County (AR) to Community Commercial
18 (C-3). A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by
19 reference.
20 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
2 1 accordingly.
22
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
2 3 repealed.
24 Section 5. Should any section or provision of this Ordinance or any portion thereof
25 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
S:\CA\Ordinances\Planning\Rezoning\Rezoning - Southern Dance.doc
II
1 remainder of this Ordinance.
2 Section 6. This ordinance shall become effective immediately upon passage.
3
FIRST READING this _ day of
,2006.
4
SECOND, FINAL READING and PASSAGE this _ day of
,2006.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 ATTEST:
26
27
28
2 9 City Clerk
30
31 (Corporate Seal)
32
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Southern Dance.doc
EXHIBIT A
LOCATION MAP
Southern Dance Theatre: ANEX 06-001 and LUAR 06-001
r
OLLI tsOYNTON RD
~
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~
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~ A Site I
/ ..
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TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING 8&. ZONING DIVISION
MEMORANDUM NO. PZ 06-006
STAFF REPORT
Chair and Members
Planning and Development Board
Hanna Matras
Planner tt.J
Michael W. Rumpf f'l\l'
Director of Planning and Zoning
January 5, 2006
Southern Dance Theatre
ANEX 06-001 & LUAR 06-001
To annex the property; to amend the Future Land Use
designation from the Palm Beach County's CH/8 (Commercial
High Intensity with underlying High Residential 8) to LRC (Local
Retail Commercial) and rezone from Palm Beach County's
Agricultural Residential (AR) to Community Commercial (C-3).
Property Owner:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Southern Dance Theatre, Inc., Penni A. Greenly, Managing
Member
Southern Dance Theatre, Inc./Miller Land Planning Consultants,
Inc.
1203 Knuth Road (Exhibit "A'')
::!:O.92 acres
CH/8 (Palm Beach County)
AR (Palm Beach County)
LRC (Local Retail Commercial)
C-3 (Community Commercial)
Recreational Instruction/Commercial Retail
File Number: LUAR 06-001-ANEX 06-001
Southern Dance Theatre
Adjacent Uses:
North:
Developed commercial property (Stor All), designated OC
(Office Commercial) and zoned C-1 (Office Professional).
South:
Developed commercial property (Walmart Supercenter's
retention pond) designated LRC (Local Retail Commercial)
and zoned C-3 (Community Commercial).
East:
Developed commercial property (Walmart Supercenter's
parking lot) designated LRC (Local Retail Commercial) and
zoned C-3 (Community Commercial).
West:
Right-of-way of Knuth Road, then a property in
unincorporated county developed with a single-family home
with the Palm Beach County's land use designation of High
Residential 8 and the County's zoning of AR (Agricultural
Residential).
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning
for the following reasons:
1. The request is consistent with the objectives of the City's annexation program;
2. Annexation of the subject property will eliminate a pocket of an unincorporated county
area surrounded on three sides by the City boundary;
3. The proposed zoning is generally compatible with adjacent land uses;
4. The impacts on public infrastructure and services are not significant and can be
accommodated with the existing capacity;
5. Although the request is not consistent with two Comprehensive Plan policies, the said
policies have been examined and, given the time elapsed since the underlying studies,
deemed no longer relevant; and
6. The application meets review criteria as required by the Land Development Regulations.
PROJECT ANALYSIS
The subject parcel totals :f: 0.92 acres. Because of the size of the property, the Florida
Department of Community Affairs classifies this amendment as a "small scale" amendment. A
"small-scale" amendment is adopted prior to forwarding to the Florida Department of
Community Affairs and is not reviewed for compliance with the state and regional plans prior to
adoption.
2
File Number: LUAR 06-001-ANEX 06-001
Southern Dance Theatre
The parcel, at present vacant, has a county's land use designation of CH/8, Commercial High
with an underlying residential density of 8 units per acre (the property's zoning of Agricultural
Residential is inconsistent with the CH/8 land use). The HC/8 designation, which encompasses
community and regional commercial land uses, allows for a higher commercial development
intensity than the requested city's land use of Local Retail Commercial: a maximum FAR (fIoor-
area ratio) of 0.85 (depending on the zoning district, and with an exception up to 1.0) as
opposed to a maximum FAR of 0.5 for the city's Local Retail Commercial. At the other hand, the
CH/8 underlying residential density of 8 dwellings per acre is lower than the permitted
maximum of 10.8 dwelling units per acre in LRC. Therefore, the overall intensities of land uses
permitted under the current county's CH/8 and the proposed city's LRC designations are
comparable.
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a requirement that all new residential
developments of more than 50 units, which are located in the Hurricane Evacuation
Zone, will provide continuing information to residents concerning hurricane
evacuation and shelters through the establishment of a homeowners' or residents'
association. The planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with poliCies contained in the comprehensive plan.
The review of the proposed land use amendment against the City of Boynton Beach
Comprehensive Plan focuses on two policies in the Land Use Element which discourage all
changes of land use and zoning that would bring additional commercial uses. These are:
Policy 1.17.1 The City shall continue to discourage additional commercial and industrial
uses beyond those which are currently shown on the Future Land Use Map,
except where access is greatest and impacts on residential land uses are
least.
and
Policy 1.19.6 The City shall not allow commercial acreage which is greater than the
demand which has been projected, unless it can be demonstrated that the
additional commercial acreage would not require the proportion of
commercial acreage on the City's Future Land Use Map to exceed the
proportion of commercial acreage on the Palm Beach County Future Land
Use Map. The City shall not allow commercial unless a particular property is
unsuitable for other uses, or a geographic need exists which cannot be
fulfilled by existing commercially-zoned property, and the commercial use
would comply with all other applicable comprehensive plan policies.
3
File Number: LUAR 06-001-ANEX 06-001
Southern Dance Theatre
Policy 1.17.1 stems from the general objective of preventing and minimizing land use conflicts;
the relevance of this issue in the context of the proposed amendment will be addressed in the
next section. The foundation of policy 1.19.6 is the commercial demand analysis performed in
1989. Clearly, market conditions have changed, and so have the city's ideas about its future. In
particular, concerns about depleting the residential land inventory through re-designations to
commercial or industrial uses lost some of its validity as increased densities in many locations
can accommodate population growth. Moreover, commercial uses create employment and,
since their demand for city's services is lower than the demand generated by residential uses,
they contribute significantly to the tax base and their net fiscal impact is always positive.
There are no other Comprehensive Plan policies applicable to the proposed amendment.
However, protection of residential neighborhoods, the chief intent of the above mentioned
Policy 1.17.1, is further reflected in a recommendation contained in Section VIII of Land Use
Problems and Opportunities of the Future Land Use Support Document. This section, initially
adopted into the Comprehensive Plan with the objective of directing development and
redevelopment activities in nine (9) planning areas within the city, has at present advisory
purpose. Nonetheless, since the said recommendation and Policy 1.17.1 share the same
premise, and, moreover, the recommendation pertains specifically to the future land use of the
subject parcel, staff will bring it to address the issue of potential land use conflicts in the
context of the proposed rezoning.
The subject property is located in planning area 7f. The recommendation reads:
7.f. Incoroorated and Unincoroorated Parcels Bounded bv Congress Avenue, Old
Bovnton Road, Knuth Road and L. W.D.D. L -24 Canal
(..) In order to minimize land use conflicts with the residential land uses which
lie to the west;. those parcels which abut the east side of Knuth Road should be
placed in the Office Commercial land use category. The City should require that
commercial development of these properties includes the provision of adequate
buffers to proted the residential land uses which lie to the west. High Density
Residential or mixed-use residential and commercial development should be
considered to be an alternative land use, if roadway capacity proves to be a
problem. Residential densities up to 10.8 dwelling units per acre would be
permitted in this case.
The requested land use category of Local Retail Commercial allows for a higher intensity
commercial development than the above recommended use of Office Commercial. A request for
the latter category would entail the C-2 neighborhood commercial zoning district, which permits
the proposed use of recreational instruction, but restricts gross floor area of such uses to 5,000
square feet. Since the instruction component of the proposed project is planned at
approximately 8,000 square feet (the site plan is being processed concurrently), the LRC land
use designation and C-3 zoning district, which allows the use without restrictions, is needed to
accommodate the request.
The C-3 Community Commercial District does permit a number of intensive retail commercial
uses. However, the subject parcel, given its poor visibility and accessibility, is an unsuitable
location for such uses. It can also be argued that the magnitude of potential land use impacts
upon the residential uses along the west side of Knuth Road would be limited by both the parcel
size and the pattern of residential developments. Of these developments, the Village of
4
File Number: LUAR 06-001-ANEX 06-001
Southern Dance Theatre
Oakwood West condominium located on the south-west corner of Boynton Beach Boulevard
and Knuth Road has no access from Knuth Road and a setback of approximately 80 feet and
the assisted living facility HCR Manor Care located to the north-west of the subject property has
access from Knuth Road but its setback from the road is over 330 feet. In terms of potential
land use conflicts, the main concern is thus two lots located directly west from the subject
parcel, both currently in unincorporated county and classified High Residential 8. One is
currently vacant, while the other is developed with a single-family home and has recently been
purchased by a commercial entity. The parcels can potentially be assembled and redeveloped
with a multifamily residential use.
Finally, the applicant has agreed to a deed restriction limiting uses of the subject parcel if
deemed necessary.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning would not constitute a grant of special privilege to the property owner.
It would not be contrary to the established land use pattern, as the adjacent Walmart property
is similarly classified, but its potential relatedness to the surrounding land uses is limited,
primarily by the property's small size and limited accessibility.
c. Whether changed or changing conditions make the proposed rezoning desirable.
Favorable real estate market conditions continue to provide strong development and
redevelopment incentives. Since the property is being annexed, it must be assigned the City of
Boynton Beach land use and zoning designations. If the property were to remain within the
county, any development proposal with the possible exception of a single-family home would
also trigger rezoning, due to the inconsistency between the current land use and zoning district.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
Since the proposed land use designation of Local Retail Commercial has a potential intensity
comparable to the current county designation, there would be no change to potential impacts
on road facilities. In this situation, no long-term traffic analysis is required by the county. Traffic
concurrency analysis, which evaluates the project's conformance with the County's Traffic
Performance Standard Ordinance, has been submitted and will be revised as part of the site
plan review.
The Utility Department staff has advised that the sufficient potable water and sewer capacity
exists to serve the property at the proposed zoning. Likewise, according to the Fire Department
there are no capacity issues in meeting the demand for fire and rescue services generated by
uses permitted under the proposed zoning. The soon-to-be completed Fire Station #2 on
Woolbright Road is located about 1.25 mile away from the subject property.
The Police Department staff indicated that the capacity exists to provide adequate service to all
uses for the proposed zoning.
5
File Number: WAR 06-001-ANEX 06-001
Southern Dance Theatre
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The proposed rezoning would not create significant land use conflicts with the current and
future uses of adjacent and nearby properties (for compatibility discussion, see criterion 'a'). It
would therefore be highly unlikely for the proposed rezoning to affect the property values of
adjacent properties.
f. Whether the property is physically and economically developable under the existing
zoning.
The property is being annexed and must be assigned the City of Boynton Beach land use and
zoning district. It is not economically developable under the existing Palm Beach county zoning.
Its only possible use would be a single family home, clearly not the highest and best.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The scale of the proposed rezoning is small; it has no impact on the city as a whole. As stated
in 'd', its potential relatedness to the surrounding land uses and therefore to the needs of the
neighborhood is limited.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already aI/owed.
This criterion pertains mainly to rezonings within the city's boundary. The subject property is
being annexed and therefore would require a City of Boynton Beach land use classification and
zoning district.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the objectives of the City's annexation
program; the proposed zoning is generally compatible with adjacent land uses; and the impacts
on public infrastructure and services are not significant and can be accommodated with the
existing capacity. Finally, although the request is not consistent with two Comprehensive Plan
policies, the said policies have 'been examined and, given the time elapsed since the underlying
studies, deemed no longer relevant. Therefore, staff recommends that the subject request be
approved. If the Planning and Development Board recommends or the City Commission
requires conditions, they will be included within Exhibit "B".
S:\PIannlng\SHARED\WP\PROJECTS\Southem Dance Theatre\LUAR\STAFF REPORT 5 Dance Theatre.doc
6
EXHIBIT A
LOCATION MAP
Southern Dance Theatre: ANEX 06-001 and LUAR 06-001
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
January 24, 2006
Hanna Matras, Planner, reviewed the annexation and land use plan amendment/rezoning
concurrently. Staff recommended approval of the annexation for the reasons listed in the staff
report.
Bradley Miller, Miller land Planning Consultants, offered to answer any questions.
Chair Wische opened the floor for the public to speak, and closed it when no one came forward.
Motion
Ms. Johnson moved to approve annexation of the subject property. Mr. Cwynar seconded the
motion that was approved 7-0.
Land Use Plan AmendmenURezoning
2.
Project:
Agent:
Southern Dance Studio (lUAR 06-001)
Bradley Miller, Miller Land Planning
Consultants
Southern Dance Theater, Inc.
East side of Knuth Road, approximately 495
feet south of Old Boynton Road (1203
Knuth Road)
Request to amend the Comprehensive Plan
Future Land use Map from Commercial High
Intensity (CH/8, Palm Beach County) to
Local Retail Commercial (LRC); and
Owner:
Location:
Description:
Request to rezone from Agricultural
Residential (AR, Palm Beach County) to
Community Commercial (C-3).
Hanna Matras, Planner, reviewed the land use plan amendment/rezoning and indicated staff
recommended approval, for the reasons listed in the staff report.
Chair Wische opened the floor for the public to speak, and closed it when no one came forward.
Motion
Ms. Johnson moved to approve the request of Southern Dance Studio to amend the
Comprehensive Plan Future Land Use Map from Commercial High Intensity (CH/8, Palm Beach
County) to Local Retail Commercial (LRC). Ms. Jaskiewicz seconded the motion that carried 7-0.
Motion
Ms. Johnson moved to approve the request of Southern Dance Studio to rezone the subject
property from Agricultural Residential (AR, Palm Beach County) to Community Commercial (C-
3). Ms. Grcevic seconded the motion that carried 7-0.
6
VIII.-PUBLIC HEARING
ITEM C. ()..,
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fina] Form Must be Turned
Meeting Dates in to City C]erk's Office Meeting Dates in to City Clerk's Office
D December 6, 2005 November ]4,2005 (Noon.) D February 7, 2006 January ]7,2006 (Noon)
D December 20, 2005 December 5, 2005 (Noon) [8J February 2], 2006 February 6, 2006 (Noon)
D January 3, 2006 December ]9,2005 (Noon) D March 7, 2006 February 21, 2006 (Noon)
D January ]7,2006 January 3, 2006 (Noon) D March 2] , 2006 March 6, 2006 (Noon) ) _...~
.,::....
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D Administrative D Development Plans \'.:>
U1
D D ,.
NATURE OF Consent Agenda New Business -
AGENDA ITEM [8J D ':=l
Public Hearing Legal ' .
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D D c,,) ~-\~: CD
Bids Unfinished Business ":t"
D D _.,? J:.:>
Announcement Presentation ,':;-', ,.1CJ
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D City Manager's Report
RECOMMENDATION: Please place this request on the February 21,2006 City Commission Agenda under
Public Hearing, to follow the corresponding items for annexation, land use amendment and rezoning. Staff recommends that
the site plan be reviewed simultaneously with the other applications; however, final action on the site plan should be tabled to
the February 28,2006 meeting so that Second Reading of the land use amendment and rezoning ordinances occur prior to site
plan approval. The Planning and Development Board recommended that the subject request be approved on January 24,
2006. For further details pertaining to the request, see attached Department Memorandum No. PZ 05-242.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION
Southern Dance Studio (NWSP 06-001))
Bradley Miller, Miller Land Planning Consultants
Southern Dance Theatre, Inc.
East side of Knuth Road, approximately 495 feet south of Old Boynton Road (1203
Knuth Road)
Request site plan approval to construct a one-story building totaling 10,000 square feet for
a dance studio and retail use, and related site improvements on 0.92 acres zoned C-3.
PROGRAM IMPACT:
FISCAL IMPACT:
AL TERNATIVES:
~
Develop
City Manager's Signature
~JtL Z~h-
P arming and Zo . g Director City Attorney / Finance / Human Resources
S:\Planning\SHAREDlWP\PROJECTS\Southern Dance Theatre\NWSP 06-001\Agenda Item Request Southern Dance Studio NWSP 06-001 2-2]-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-242
STAFF REPORT
TO:
Chair and Members
Planning and Development Board and City Commission
Michael RumPfY\{,i~
Planning and Zoning Director
THRU:
FROM:
Kathleen Zeitler iz-
Planner
DATE:
January 12, 2006
PROJECT NAME/NO:
REQUEST:
Southern Dance Theatre (NWSP 06-001)
New Site Plan
PROJECT DESCRIPTION
Property Owner: Southern Dance Theatre, Inc.
Applicant: Southern Dance Theatre, Inc., Penni A. Greenly, Managing Member
Agent: Mr. Bradley Miller I Miller Land Planning Consultants, Inc.
Location: 1203 Knuth Road (see Location Map - Exhibit "A'')
Existing Land Use: Palm Beach County - Commercial High (CH/8)
Existing Zoning: Palm Beach County - Agricultural Residential (AR)
Proposed Land Use: Local Retail Commercial (LRC) (see LUAR 06-001)
Proposed Zoning: Community Commercial (C-3) (see LUAR 06-001)
Proposed Uses: Dance Studio (recreational instruction) and Retail
Acreage: 40,075 square feet (0.92 acre)
Adjacent Uses:
North:
Stor-A11 Self Storage Facility zoned C-1 (property in City limits);
South:
Wal-Mart Super Center zoned C-3 (property in City limits);
East:
Wal-Mart Super Center zoned C-3 (property in City limits); and,
West:
Right-of-way for Knuth Road, and farther west Single-family residence
zoned A-R (property in unincorporated County).
Staff Report - Southern Dance Theatre (NWSP 06-001)
Memorandum No PZ 05-242
Page 2
BACKGROUND
Site Features:
The subject property is located on the east side of Knuth Road approximately 500
feet south of Old Boynton Road. Knuth Road serves as a minor collector roadway
between Boynton Beach Boulevard to the south and Old Boynton Road to the
north, and is the only means of access to this property. The subject property is an
enclave of 0.92 acre (40,075 square feet) with 128 feet of road frontage and 312
feet of lot depth. Although currently located within the unincorporated area of
Palm Beach County, the property is surrounded on three (3) sides by properties
within the city limits of Boynton Beach. The applicant has corresponding requests
for annexation (ANEX 06-001), land use amendment, and rezoning (LUAR 06-001).
The subject property was last used as a single-family residential lot, however the
improvements were demolished and it is now a vacant lot. The subject property
complies with the minimum lot area (15,000 square feet) and minimum lot frontage
(75 feet) required by the C-3 zoning district, which the applicant has requested.
Proposal:
The applicant is proposing a new site plan to construct a one-story building of
10,000 square feet for recreational instruction (dance studio) and retail space,
which are permitted uses in the requested Community Commercial (C-3) zoning
district. The proposed building is to be completed in one phase and consist of
7,653 square feet for a dance studio, and 2,347 square feet for future retail use.
This request for new site plan approval is contingent upon approval of the
applicant's corresponding requests for annexation (ANEX 06-001), land use
amendment, and rezoning (LUAR 06-001). The applicant has requested the C-3
zoning district for the following reasons: (1) the C-1 zoning district allows
instruction or tutoring with up to 2,000 square feet of gross floor area, but
specifically excludes recreational instruction (such as a dance studio); (2) the C-2
zoning district allows recreational instruction but limits the use to 5,000 square
feet, and; (3) the C-3 zoning district allows recreational instruction as a permitted
use without specific limitation on floor area, and is the predominant zoning district
east of Knuth Road.
The future retail space (2,347 square feet) is to be located in the western portion
of the proposed building located closest to Knuth Road. The applicant is aware of
the potential negative impact some uses within the requested C-3 zoning district
could have on residential properties to the west. Therefore, the property owner is
voluntarily restricting the proposed retail space to uses that are allowed in the C-2
zoning district, and uses that would not require more parking (see Exhibit "A-1").
As such a committal is not legally binding, the staff review of the corresponding
request for land use amendment and rezoning analyzed the request without
assuming any limitation on use beyond what is regulated by the C- 3 zoning district.
Staff Report - Southern Dance Theatre (NWSP 06-001)
Memorandum No PZ 05-242
Page 3
ANALYSIS
Concurrency:
Traffic:
A traffic statement was prepared by Robert Rennebaum, P.E. of Simmons & White,
Inc. and sent to the Palm Beach County Traffic Division for concurrency review in
order to ensure an adequate level of service. The Palm Beach County Traffic
Division determined that revisions to the traffic statement were required. The
applicant has submitted a revised traffic statement to the Palm Beach County
Traffic Division, which is currently under review and pending approval. Therefore,
Staff has recommended as a condition of approval that a notice of concurrency
approval (Traffic Performance Standards Review) be provided by the applicant prior
to the issuance of any building permits for the project (see Exhibit "c" - Conditions
of Approval).
Utilities:
Potable water and sanitary sewer / wastewater capacity is currently available to
serve this project, subject to the applicant making a firm reservation of capacity,
and obtaining water/sewer plan approval from the Utilities Department prior to
permitting (see Exhibit "C" - Conditions of Approval).
Drainage:
Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions be deferred until time
of permit review. All South Florida Water Management District permits and other
drainage related permits must be submitted at time of building permit (see Exhibit
"C" - Conditions of Approval).
Fire I Police:
Staff from the Fire and Police departments have reviewed the site plan and
determined that emergency services are available to the proposed project with an
appropriate response time. Emergency service providers expect to be able to
utilize their current or anticipated resources to maintain an adequate level of
service for the proposed project. Because this will be a place of assembly greater
than 1,000 square feet and with more than 300 persons assembled at one time,
the proposed building is required to have an automatic fire sprinkler system.
Infrastructure requirements such as emergency vehicle access and fire hydrant
locations have been addressed and will be further refined at the time of plan review
and permitting.
Driveways:
Site access is proposed via one (1) full access driveway connection to Knuth Road.
Parking:
Both proposed retail and recreational instruction uses require one (1) parking space
per 200 square feet of gross floor area. The proposed 10,000 square foot building
will require a total of SO parking spaces, including two (2) spaces designated for
handicapped use. The site plan complies with the minimum parking requirements.
Typical parking stalls, excluding handicap spaces, are dimensioned 9 feet 6 inches
in width and 18 feet 6 inches in length. In addition, a 12 foot by 35 foot loading
area is proposed at the southeast corner of the parking lot. All proposed parking
stalls, including the size and location of the spaces designated for handicap use,
were reviewed and approved by both the Engineering Division and Building
Staff Report - Southern Dance Theatre (NWSP 06-001)
Memorandum No PZ 05-242
Page 4
Landscaping:
Building and Site
Design:
Division. All necessary traffic control signage and pavement markings will be
provided on site to clearly delineate areas on site and direction of circulation.
The site design provides vehicular as well as pedestrian circulation in compliance
with the Community Design Plan guidelines. A sidewalk five feet in width will be
constructed along Knuth Road and connect to an existing sidewalk on the adjacent
property to the north. In addition, a five foot walkway will be constructed along
the front of the proposed building, and a four foot walkway will be constructed
along the rear of the building. Both walkways will connect with the sidewalk along
Knuth Road as well as the parking areas on site.
Staff has reviewed the landscape plan and determined that it complies with the
landscaping requirements of the Land Development Regulations. The proposed
project will have a pervious area of .20 acre (8,712 square feet). Landscaping will
include buffers along the north, south, and east property lines, and plantings along
Knuth Road, around the front and sides of the building foundation, and within
landscape islands throughout the parking lot. A minimum of fifty percent (50%) of
site landscape materials must be native species. The landscape plan indicates 56%
of shade trees, 72% of palm trees, 64% of shrubs, and 52% of groundcover will be
native species, which include Mahogany, Live Oak, Green Buttonwood, Sabal
Palmetto, Cocoplum, Silver Buttonwood, and Dwarf Firebush.
A tree mitigation area which includes pine trees will be located along the north
property line. The City signature trees (Tibouchina Granulosa) will be located on
each side of the access drive. All above ground mechanical equipment will be
visually screened with a Cocoplum hedge, and all planted areas on site will be
irrigated in accordance with the landscape code requirements.
A one-story 10,000 square foot building is proposed which will be divided into two
(2) separate interior spaces consisting of a dance studio (7,653 square feet) and
future retail (2,347 square feet). The floor plan indicates the dance studio space
will contain four separate dance studio rooms, a reception/waiting area, offices,
locker rooms, and storage rooms. The dance studio and future retail space will
each have a separate handicapped accessible entrance, and exit doors to the rear
of each room.
The exterior building design is compatible with the surrounding natural and built
environment in compliance with the Community Design Plan guidelines. The two
(2) building entrances are enhanced by parapet roofs, large windows with fabric
awnings, and pilasters, and these same features are mirrored on the west side of
the building near Knuth Road. Visual interest has been added to the proposed
building through the use of architectural details such as cornice moldings, recessed
accent bands, two matching simulated windows, stone masonry, stucco walls, and
decorative medallions atop each pilaster. Building colors are neutral and include
Behr colors named Buckskin, Seasoned Acorn, Southwestern Sand, Canewood, and
Evening Hush. The neutral color palette proposed will be harmonious with
surrounding developments.
Staff Report - Southern Dance Theatre (NWSP 06-001)
Memorandum No PZ 05-242
Page 5
Rooftop mechanical equipment will be screened from view by the parapet walls. A
gated trash enclosure within the building footprint will house trash containers that
will be rolled out to Knuth Road for pickup. A six foot bench and walkway have
been added to landscape islands in the front near each building entrance.
The proposed building location on site complies with minimum setback
requirements (20 feet front and rear, 15 feet on one side) of the C-3 zoning
district. The proposed building is 10,000 square feet with a 25% lot coverage,
which complies with the maximum lot coverage (40%) allowed in the C-3 zoning
district.
Building Height: The proposed one-story building is 21 feet in height, which complies with the
maximum building height of 45 feet allowed in the C-3 zoning district.
Site Lighting: A photometric plan has been reviewed by staff and found to comply with the
lighting requirements of the Land Development Regulations. Freestanding light
poles include one light located south of the site entrance, and four lights located
along the perimeter of the parking lot. The freestanding lights will have concrete
poles a maximum of 25 feet in height, and be shielded to direct the light downward
to avoid glare onto adjacent properties and passing motorists. Wall mounted lights
are located on each pilaster, four lights on the side (west elevation) and eleven
lights on the front (south elevation). Wall mounted light fixtures are not to be
painted. The finish on the wall mounted light fixtures is to be determined.
Signage: Signs, in general, shall be designed and treated as part of the architecture of the
building. They are formally evaluated during the site plan review process. All
project signage is indicated on the elevation drawings and has been reviewed by
staff for compliance with the maximum square footage limitations as set forth in
Chapter 21, Article IV, Section 2.C of the Land Development Regulations. All new
project signage is subject to review and approval by the Planning and Development
Board (see Exhibit "C" - Conditions of Approval).
An externally illuminated monument sign less than six feet in height is proposed
west of the building. The arched sign will consist of cast stone coping and molding
with columns on each side, a green sign face, and brass channel lettering in script
font and the site address. The sign face area proposed is 9 square feet which
complies with the sign face area maximum of 32 square feet.
The proposed tenant wall signage above each entrance to the building consists of
channel letters centered below the parapet wall. Based on the building frontage of
228 feet, the cumulative maximum wall sign area allowed on the building is 342
square feet. The proposed wall signage indicated on the elevations is
approximately 96 square feet for the dance studio and 50 square feet for the retail
space, for a cumulative sign face area of 146 square feet, less than half of the
maximum sign face area allowed. The sign colors will be complementary to the
building colors in accordance with the community design plan guidelines.
Staff Report - Southern Dance Theatre (NWSP 06-001)
Memorandum No PZ 05-242
Page 6
RECOMMENDATION:
The Technical Advisory Review Team (TART) has reviewed this request for new site plan approval. Staff
recommends approval of the site plan, contingent upon the successful request for annexation (ANEX 06-
001) and rezoning (LUAR 06-001), and also subject to satisfying all comments indicated in Exhibit "C"-
Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be
documented accordingly in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Southern Dance Theatre\NWSP 06-001 \Staff Report.doc
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Exhibit "A" - 1203 Knuth Rd Location Map (~'hJ
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December 21.2005
Ed Breese
CITY OF BOYNTON BEACH
PLANNING & ZONING DEPARTMENT
100 E. Boynton Beach Boulevard
Boynton Beach. FL 33425-0310
RE: Southern Dance Studio
peN 00-43-45-19-05-048-0020
Dear Mr. Breese:
EXHIBIT A-l
This letter is to acknowledge and accept that, I the property owner, will voluntary restrict use of
property limited to C-2 Zoning District and any use that has a higher parking requirement.
Penni Greenly, Managing Member
Southern Dance Theatre, Inc.
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EXHIBIT "C"
CONDITIONS OF APPROVAL
Project name:
File number:
Reference:
Southern Dance Theatre
NWSP 06-001
2nd Review Plans identified as a New Site Plan with a December 27,2005 Planning & Zoning
d k'
ate starnp rnar mg.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. Permits from Palm Beach County will be required for work within the Knuth X
Rd. right-of-way.
ENGINEERING DIVISION
Comments:
2. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
3. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at permit review.
4. The provided survey does not depict an existing power line from the west X
side of Knuth road into the property for electric service. Please show all
features, including utilities, on the survey.
5. Indicate power line relocation/demolition on the site and civil plans. X
6. Show proposed site lighting on the site plan (LDR, Chapter 4, Section 7.B.4.). X
7. Provide an Engineer's certification on the Drainage Plan as specified in LDR, X
Chapter 4, Section 7.F.2.
8. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
Conditions of Approval
2
DEPARTMENTS
INCLUDE REJECT
9. Paving, Drainage and site details will not be reviewed for construction X
acceptability at this tirne. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
UTILITIES
Comments:
10. All utility easements (as applicable) and utility lines shall be shown on the X
site plan and landscape plans (as well as the Water and Sewer Plans) so that
we may determine which appurtenances, trees or shrubbery may interfere
with utilities. In general, palm trees will be the only tree species allowed
within utility easements. Canopy trees rnay be planted outside of the
easement so that roots and branches will not impact those utilities within the
easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section
18.1 gives public utilities the authority to remove any trees that interfere with
utility services, either in utility easements or public rights-of-way.
11. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
12. Fire flow calculations will be required dernonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments)
with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by msurance underwriters,
whichever is greater (CODE, Section 26-16(b)). Unless the building is to be
sprinklered, one fire hydrant may not meet this requirement.
13. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
14. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements. Please show all proposed easements on the
engineering drawings, using a minimum width of 12-ft. The easements shall
be dedicated via separate instrument to the City as stated in CODE Sec. 26-
33(a).
15. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Departrnent before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy. Indicate meter(s) size on the plans so that
reservation fees may be calculated.
I DEPARTMENTS I INCLUDE I REJECT I
16. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
17. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates) and will be
reviewed at the tirne of construction permit application.
FIRE
Comments:
18. Because this will be a place of assembly greater than 1,000 square feet, and X
with more than 300 occupant load, an approved NFP A 13 Fire Sprinkler
system will be required. This system shall be monitored by an approved
central station and receive a Letter of Certification from u.L. or a placard
from Factory Mutual.
19. Show the locations of all fire hydrants, move to front of property (200' rule). X
POLICE
Comments: None X
BUILDING DIVISION
Comments:
20. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical Advisory
Review Team) process does not ensure that additional comments may not be
generated by the commission and at permit review.
21. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that are
signed and sealed by a design professional registered in the state of Florida
shall be submitted for review at the time of permit application.
22. Add to all plan view drawings of the site a labeled symbol that represents the X
location and perimeter of the limits of construction proposed with the subject
request.
23. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
24. Add to the building that is depicted on the drawing titled site plan and floor X
plan a labeled symbol that identifies the location of the handicap-accessible
entrance door/s to the building. 2004 FBC, Sections 11-4.1.2, 11-4.1.3, and
11-4.3.
25. Identify within the site data the finish floor elevation (lowest floor elevation) X
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:
A. 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 determined by the SFWMD' s surface water management construction
developrnent regulations."
B. 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.
C. Identify the floor elevation that the design professional has established 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).
26. On the drawing titled site plan identify the property line. X
27. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are
readily available.
28. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the permit
shall be submitted at the time of permit application, F.S. 373.216.
29. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
A. The full name of the project as it appears on the Development Order and the
Commission-approved site plan.
B. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
30. At time of permit review, submit separate surveys of each lot, parcel, or tract. X
For purposes of setting up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel, or tract. The
recorded deed shall be submitted at time of permit review.
DEPARTMENTS INCLUDE REJECT
31. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
reVIew at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
32. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is rnulti-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
33. This structure meets the definition of a threshold building per F.S. 553.71(7) X
and shall comply with the requirements ofF.S. 553.79 and the CBBA to the
2004 FBC, Sections 109.3.6.1 through 109.3.6.6. The following information
must be submitted at the time of permit application:
A. The structural inspection plan must be submitted to the enforcing agency
prior to the issuance of a building permit for the construction of a threshold
building.
B. All shoring and re-shoring procedures, plans and details shall be submitted.
C. All plans for the building that are required to be signed and sealed by the
architect or engineers of record shall contain a statement that, to the best of
the architect's or engineer's knowledge, the plans and specifications comply
with the applicable fire safety standards as determined by the local authority
in accordance with this section and F.S. Section 633.
34. Clearly show the setback for the building on the north side. X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments:
35. The Landscape Architect should tabulate the total caliper inches of trees to be X
preserved, relocated or removed / replaced on the site. The replacement trees
should be shown by a separate symbol on the landscape plan sheet L-l.
[Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.1
36. The applicant should show the calculated 50% native species of trees, and X
shrubs.
PLANNING AND ZONING
37. Provide a notice of concurrency (Traffic Performance Standards Review) X
from Palm Beach County Traffic Engineering. The traffic impact analysis
must be approved by the Palm Beach County Traffic Division for
concurrency purposes prior to the issuance of any building permits.
Conditions of Approval
6
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHAREDI WP\PROJECTS\Southern Dance Theatre\NWSP 06-00 I \COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Southern Dance Theatre
APPLICANT'S AGENT: Mr. Bradley Miller, Miller Land Planning Consultants, Inc.
APPLICANT'S ADDRESS: 420 W. Boynton Beach Blvd., Suite 201, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 28,2006
TYPE OF RELIEF SOUGHT: New Site Plan (NWSP 06-001)
LOCATION OF PROPERTY:
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
_ _ TH IS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
J:\SHRDA T A\Planning\SHARED\WP\PROJECTS\Southern Dance Theatre\NWSP 06-001 \DO.doc
.
Meeting Minutes
Planning &. Development Board
Boynton Beach, Florida
January 24, 2006
New Site Plan
Description:
Southern Dance Studio (NWSP 06-
001)
Bradley Miller, Miller Land Planning
Consultants
Southern Dance Theater, Inc.
East side of Knuth Road, approximately 495
feet south of Old Boynton Road (1203
Knuth Road)
Request site plan approval to construct a
one-story building totaling 10,000 square
feet for a dance studio and retail use, and
related site improvements on 0.92 acres
zoned C-3
3.
Project:
Agent:
Owner:
Location:
Bradley Miller, Miller Land Planning Consultants, stated the applicant was in agreement
with all 37 staff conditions.
Kathleen Zeitler, Planner, reported the site plan complied with parking! landscaping! building
and site design uses. The building had a lot of architectural details and the color was neutral. It
also complied with the C-3 setback and lot coverage requirements! building height
requirements, signage! and lighting. Staff recommended approval with the 37 conditions.
Chair Wische opened the floor to the public, but closed it when no one wished to speak.
Motion
Ms. Jaskiewicz moved to approve the site plan for Southern Dance Studio to construct a one-
story building totaling 10,000 square feet for a dance studio and retail use, and related site
improvements on 0.92 acres zoned C-3! including all staff conditions of approval. Ms. Johnson
seconded the motion that carried 7-0.
. Mr. Hay arrived at the meeting at 7:14 p.m.
Ms. Johnson was pleased the City had not lost the dance studio to another City! and thanked
Mr. Miller for his efforts to keep it in the City.
B. Conditional Use
1.
Project:
Renaissance Commons Phase VI
(COUS 06-001)
Carl Klepper, Compson Associates, Inc.
Compson Associates of Boynton II, LLC
Southeast corner of Congress Avenue and
Gateway Boulevard
Request conditional use/major site plan
modification approval to change 104,412
square feet to self-storage use, converting
Agent:
Owner:
Location:
Description:
7
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
VIII.-PUBLIC HEARING
ITEM D.
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D December 6, 2005
D December 20, 2005
D January 3, 2006
D January 17, 2006
December 5, 2005 (Noon)
D February 7, 2006
[8J February 2], 2006
D March 7, 2006
D
January 17, 2006 (Noon)
November ]4,2005 (Noon.)
February 6, 2006 (Noon)
December ]9, 2005 (Noon)
February 2], 2006 (Noon)
January 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
[8J Public Hearing
D Bids
D Announcement
D City Manager's Report
March 2] , 2006 March 6, 2006 (Noon) :' . -~,~
'.
,.
D .~
Development Plans r'.)
D C.'l
New Business
D -'.J
Legal
D UnfInished Business _..: r.-;
cr''''
D Presentation ~, ;-~
\...1< . , 'l S-~
RECOMMENDATION: Please place this request on the February 21,2006 City Commission Agenda under
Public Hearing. The Planning and Development Board recommended that the subject request be approved on January 24,
2006. For further details pertaining to the request, see attached Department Memorandum No. PZ 05-06-010.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Renaissance Commons Phase VI (COUS 06-001)
Carl Klepper, Compson Associates, Inc.
Compson Associates of Boynton II, LLC
Southeast corner of Congress Avenue and Gateway Boulevard
Request conditional Use / major site plan modification approval to change 104,412
square feet to self-storage use, converting in part, a portion of the previously approved
office space within the Renaissance Commons project, which is zoned Suburban Mixed-
Use (SMU).
PROGRAM IMPACT: NM
FISCAL IMP ACT: N/ A
ALTERNATIVES: N/A
DevelOP~
~
City Manager's Signature
Pl~~d~ City Attorney / F;..no, / Human R"ou""
S:\Planning\SHAREDlWP\PROJECTS\Renaissance Comrnons\Site Plans\Phase VI CO US 04-008\COUS 06-00] Storage\Agenda Item Request
Renaissance Commons Ph VI COUS 06-00] 2-2]-06,dot
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM,DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-010
TO:
Chair and Members
Planning & Development Board
THRU:
FROM:
Mike Rumpf
Director of Planning & Zoning
Eric Lee Johnson, AICP c;;j--
Planner U
DATE:
January 19, 2006
PROJECT:
Renaissance Commons Phase VI
COUS 06-001
REQUEST:
Request conditional use / major site plan modification approval to change
104,412 square feet to self-storage use, converting in part, a portion of the
previously approved office / storage space within the Renaissance
Commons project, zoned Suburban Mixed-Use (SMU).
PROJECT DESCRIPTION
Property Owner: Compson Associates of Boynton II, LLC
Applicant: Compson Associates of Boynton II, LLC
Agent: Mr. Carl E. Klepper
Location: Southeast corner of Gateway Boulevard and Congress Avenue (see
Location Map - Exhibit "A")
Existing Land Use: Development of Regional Impact (DRI)
Existing Zoning: Suburban Mixed Use (SMU)
Proposed Uses: 348 multi-family dwelling units
60,886 square feet of retail
46,601 square feet of restaurant
94,264 square feet of office
20,000 square feet of medical office
104,412 square feet of self-service storage
Acreage: 11.670 acres (508,326 square feet) portion of the 85.552-acre mixed-
use master plan
Renaissance Commons Phase VI COUS 06-001
Page 2
Memorandum No. PZ 06-010
Adjacent Uses:
North:
South:
East:
West:
Right-of-way for Gateway Boulevard, further north is developed
commercial property (Shoppes of Boynton) with a Local Retail
Commercial (LRC) land use classification, zoned Community
Commercial (C-3);
Undeveloped land (Phases III and V of Renaissance Commons) with a
Development of Regional Impact (DRI) land use classification, zoned
Suburban Mixed-Use (SMU);
Undeveloped land (Phase IV of Renaissance Commons) with a
Development of Regional Impact (DRI) land use classification, zoned
Suburban Mixed-Use (SMU); and
Right-of-way for Congress Avenue, further west is developed
commercial property (Catalina Center) with a Local Retail Commercial
(LRC) land use classification, zoned Community Commercial (C-3).
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request
and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in
accordance with Ordinance No. 04-007.
BACKGROUND
The subject site is the location of the former Motorola Development of Regional Impact (DRI). The
original Motorola DRI as approved in 1979 was, upon buildout, to contain 825,000 square feet (sq. ft.) of
industrial, research and development, and office uses. Following approval, 625,000 sq. ft. of industrial
and office uses were constructed, with the remaining 200,000 sq. ft. of approved office use left
undeveloped. In 2002, both the DRI development approval and the future land use designations were
amended to allow the development of 63,500 square feet of commercial uses and 500 multi-family
residential units in place of the unbuilt 200,000 sq. ft. of office use. On July 20, 2004, the City
Commission approved the applicant's request to rezone (LUAR 03-009) the entire site from Planned
Industrial Development (PID) to Suburban Mixed-Use (SMU), which included the establishment of new
maximum development thresholds from the conversion of built and undeveloped industrial square
footages. As part of the most recent DRI amendment, a "conversion" matrix was adopted that allows up
to 30% adjustment in the total number of dwelling units and square footage of non-residential uses.
This conversion matrix allows for flexibility to change between the uses and their intensities to meet
market demand while ensuring that the balance of cumulative impacts would be below the concurrency
threshold as it relates to vested traffic. This translates into adjustments of new development thresholds
equaling 1,691 dwelling units, 176,097 square feet of office, and 165,365 square feet of commercial
upon completion of the Renaissance Commons project. This conversion matrix is consistent with the
vested trips approved with the DR!. This is the final phase of development for Renaissance Commons.
Staff has ensured that, with the approval of this site plan, the total densities and intensities of the overall
development are consistent with Policy 1.24.2.b of the Comprehensive Plan (stated below). .
Renaissance Commons Phase VI COUS 06-001
Page 3
Memorandum No. PZ 06-010
Policy 1.24.1.b
Consistent with the Renaissance Commons DRI Development Order, the
approved land uses and intensities shall be as follow:
Land Use (as defined in Policy 1.16.1) Minimum-Maximum
Intensity
Hjqh densitv Residential 1,085 du to 2,016 du
Office Commercial 173,460 sf to 322, 140 sf
Local Retail / General Commercial 149,100 sf to 276,900 sf
Compson Associates of Boynton II, LLC is seeking conditional use / major site plan modification approval
to convert previously approved office space and parking garage area into 104,412 square feet of self-
storage (1,087 bays). The self-storage space would only occur within this phase (Phase VI) of the
project known as Renaissance Commons.
This phase of Renaissance Commons is an 1l.670-acre (508,326 square feet) portion of the 85.552-acre
parcel of land previously occupied by Motorola (DRI). The Phase VI site plan was previously approved
on December 7, 2004. It consisted of 348 dwelling units, 58,645 square feet of retail, 49,240 square
feet of restaurant, and 176,097 square feet of office / storage. The SMU zoning district requires
conditional use approval for buildings proposed over 55 feet in height and several of the buildings
proposed on that plan exceeded this height threshold. It should be noted that a minor site plan
modification was approved on October 4, 2005. This approval consisted of minor adjustments that were
made to the landscape plan. In addition, revisions to the buildings' colors were approved as well as
changes in the allocation of uses and their respective building areas within Buildings "I" and "K".
On November 10, 2006, the applicant submitted this request for conditional use / major site plan
modification approval. As proposed, Building "I" would be four (4)-stories (71 feet in height), consisting
of 19,993 square feet of retail, 18,300 square feet of restaurant space, 39,802 square feet of office, and
104,412 square feet of self-service storage. All proposed uses, with the exception of the self-storage
facility, are permitted uses in the SMU zoning district. Self-storage facilities are considered conditional
uses and therefore, it is the subject of this conditional use request. It should be noted the interior
parking garage of Building "I" would now have five (5) floors instead of four (4) floors but that all levels
would still be contained and hidden within the structure. Building "I" was legally advertised and
approved at 70 feet in height (in December of 2004). The elevations have been slightly modified and
now show that the top of the parapet wall is proposed at 71 feet in height, an increase of one (1) foot.
It should be noted that the proposed height of Building "I" would not exceed the SMU zoning district's
maximum height limitations but this one (i)-foot height differential of the parapet wall would not be
covered under the envelope of the December 2004 approval. Therefore, the applicant will be required to
either reduce the height of the parapet wall by one (i)-foot or request conditional use approval for the
increase in height (see Exhibit "C" - Conditions of Approval). The six (6)-story mixed-use building
known as Building "J", would house 205 multi-family dwelling units and 8,751 square feet of retail.
Building "K" would be three (3)-stories (75 feet) and consist of 12,757 square feet of retail, 22,274
square feet of restaurant, 54,462 square feet of office, and 20,000 square feet of medical office.
Building "L", proposed at five (5) stories (69 feet - four (4) inches in height), would also be mixed-use
with 6,027 square feet of restaurant, 19,385 square feet of retail, and 143 multi-family dwelling units.
Renaissance Commons Phase VI CO US 06-001
Page 4
Memorandum No. PZ 06-010
CONCURRENCY
Originally, the Palm Beach County School District approved the entire Renaissance Commons site for
1,001 multi-family dwelling units. The applicant submitted new information and requested concurrency
approval for the additional condominium units. As of October 4, 2004, the entire Renaissance Commons
site (85+ acres) has school concurrency for a total of 1,700 units (1,442 multi-family units and 258 high-
rise apartments). However, at the time of permit review, the applicant would be required to submit
updated information so that staff can easily confirm the cumulative number and type of residential units
approved through Phases I through Phase VI (see Exhibit "C" - Conditions of Approval). This
information is required by staff in order to monitor the entire Renaissance Commons project for school
concurrency purposes.
The Utilities Division expects the water use from the self-storage use to be negligible and that the City
has the capacity to serve both the potable water and sanitary sewer needs.
Generally, a project's anticipated traffic is generated by two factors, namely the proposed use and its
intensity. On December 30, 2003, the Palm Beach County Traffic Division reviewed the master plan for
traffic concurrency purposes and determined that it met the Traffic Performance Standards (TPS) of
Palm Beach County. Phases I through Phase V were covered under the original approval for the
Development of Regional Impact (DRI). The DRr's current approval was for 1,551 multi-family dwelling
units, 247,800 square feet of general office, 198,000 square feet of general retail, and 15,000 square
feet of daycare. On October 25, 2004, the applicant submitted a traffic equivalency determination for
review and approval. On January 6, 2005, the Traffic Division issued an approval letter indicating that
the 4th revision to the DRI is projected to generate less peak hour trips than what was originally
approved, and therefore, the project meets the Traffic Performance Standards of Palm Beach County.
However, the developer is still required to make off-site improvements to Congress Avenue and Gateway
Boulevard as previously required with the October 2005 conditional use / site plan approval (see Exhibit
"C" - Conditions of Approval).
The Engineering Division of Public Works reviewed the drainage plans (approved with the original site
plan) to ensure compliance with all applicable codes and regulations regarding legal positive outfall. The
conceptual plans submitted with the October 2005 approval, are acceptable to the Engineering Division
but as per staff policy, a more detailed version would be required at the time of permitting (see Exhibit
"C" - Conditions of Approval).
Police: The Police Department determined that sufficient staff is available to serve the proposed changes
sought with this conditional use request.
Fire: Fire-Rescue personnel continues to support development of the Renaissance Commons project;
however, with the understanding that additional resources are needed through hiring of
inspection personnel, the timely completion of stations #4 and #5 to ensure adequate service
delivery levels and effective response times in the northeast section of the City and as a backup
in the northwest section of the City, and solutions provided (i.e. funded) for mapping and
dispatching issues.
Renaissance Commons Phase VI COUS 06-001
Page 5
Memorandum No. PZ 06-010
STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS
Section l1.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and Zoning
Division's evaluation of the application as it pertains to each of the standards.
The Planning & Development Board and City Commission shall consider only such conditional uses as are
authorized under the terms of these zoning regulations and, in connection therewith, may grant
conditional uses absolutely or conditioned upon the conditions including, but not limited to, the
dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined
necessary for the protection of the surrounding area and the citizens' general welfare, or deny
conditional uses when not in harmony with the intent and purpose of this section. In evaluating an
application for conditional use approval, the Board and Commission shall consider the effect of the
proposed use on the general health, safety, and welfare of the community and make written findings
certifying that satisfactory provisions have been made concerning the following standards, where
applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
in case of fire or catastrophe.
No changes to vehicular circulation are being made with this request for conditional use approval.
The subject phase, as illustrated on the original master plan, is located at the northwest corner of
the parcel north of Phases Three and Five and west of Phase Four. Vehicles would enter Phase Six
by four (4) different points of ingress / egress. The main point, the northernmost entrance, is
proposed along Gateway Boulevard. The site plan shows that it would be 58 feet in width and would
accommodate two (2)-way traffic movements. Upon entering from Gateway Boulevard, vehicles can
either make an immediate right-turn (west) or move towards the interior of the phase (south).
The second point of ingress / egress is proposed west of the five (5)-story building (Building ''L'') on
one of the developments drive aisles within Phase Three. This drive aisle has direct access onto
Congress Avenue and would allow for two (2)-way traffic movements.
The third and fourth points of ingress / egress are proposed along the ''spine road" of the
Renaissance Commons development. One opening would be a major entrance, the other, a
subordinate entrance. The major entrance would allow vehicles to directly access the interior portion
of the phase. The other entrance would primarily allow for vehicles to access the parking areas
proposed along Gateway Boulevard. In the original staff report, the applicant stated that ''ingress
and egress for the project has been carefully planned to provide exemplary pedestrian access
throughout the site in a safe and convenient manner'~ Staff still concurs and agrees that fire, police,
and service vehicles could easily maneuver through all above-referenced driveway openings, drive
aisles, and curb-cuts.
2. Off-street parking and loading areas where required, with particular attention to the items in
subsection above, and the economic, glare, noise, and odor effects the conditional use will have on
adjacent and nearby properties, and the city as a whole.
Renaissance Commons Phase VI COUS 06-001
Page 6
Memorandum No. PZ 06-010
This phase of the Renaissance Commons project proposed a mixture of different types of uses. One-
bedroom apartment units require one and one-half (1 02) parking spaces. Two and three bedroom
apartment units require two (2) parking spaces each. The project proposes two (2) large
condominium buildings consisting of a total of 132 one {l)-bedroom units/ 172 two (2)-bedroom
units/ 44 three (3)-bedroom units/ and a recreation area. The restaurant retail, office/ and medical
office uses have been calculated at a shopping center rate of one (1) parking space per 200 square
feet of gross floor area. Additionall~ the self-storage use requires parking at a rate of one (1) space
per 75 storage bays plus two (2) for a security quarters. It is understood that each self-storage bay
would be 96 square feet in area. Therefore/ a total of 1/762 parking spaces would be required based
on the aforementioned uses and their respective intensities (see Exhibit "c" - Conditions of
Approval). The cover sheet tabular data indicates that 1/786 parking spaces would be provided, a
surplus of 24 spaces. Parking would be provided via at-grade parking areas outside the buildings
and within the garages internal to the building.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
The requested storage space as a principal use in Phase VI does not require additional refuse or
service areas. The building remains unchanged from the conditional use. The ground floor plan of
Building ''/'' shows two (2) trash rooms and loading zones would occur on the east fa~ade. As
previously approvecJ, the ground floor plan of Building ''J'' showed that this six (6)-story building
would have several trash rooms. The site plan showed that the trash trucks would have enough
maneuvering space to pick up the containers. The trucks would access the garbage rooms at the
west fa~ade. The ground floor plan of Building ''/(// indicated that this building would have one (1)
trash room. It would be accessed at the south fa~ade. The ground floor plan of Building ''L // shows
that its trash room would be placed along the south fa~ade. No trash trucks would have to enter any
of the buildings. Staff reviewed the plans and determined that the number, location and orientation
of the enclosures and the pick-up area are adequate for efficient trash removal.
4. Utilities, with reference to locations, availability, and compatibility.
The utility location and availability are unaffected by the addition of the proposed use. As with the
original approval, at the time of permitting/ the applicant would be required to submit a timeline that
clearly illustrates when water and sewer services would be needed. The commencement date should
start at the date of City Commission approval. Also/ the applicant would be required to provide
milestone dates regarding permit application/ the start of construction and the setting of the first
water meter. Utilities staff would use this timeline in order to determine the adequacy of water and
wastewater treatment capacity upon the projects completion (see Exhibit "C/ - Conditions of
Approval).
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
Additional buffers and/or landscaping are not required as a result of the addition of this self-storage
use. The use is internal to the building and has no exterior components which require screening or
buffering. No bay doors would be visible from the outside of the building. The character of the
building remains unchanged with the addition of the self-storage use. The cover sheet tabular data
from the original site plan showed that the pervious area for Phase Six equaled 17.62% of the site.
The landscape material would consist of a large quantity of shade trees/ palm trees/ and shrubs /
Renaissance Commons Phase VI COUS 06-001
Page 7
Memorandum No. PZ 06-010
groundcover. The minor site plan modification that was recently approved allowed for slight
adjustments to the landscape plan with no overall reduction in plant material quantities.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
No wall signs are proposed on the elevations for the storage use. However, if proposed in the
future, then any sign, including its material and color(s) would have to be in keeping with the
approved master sign program for Renaissance Commons. According to the applicant, the exterior
lighting would be similar and harmonious to that used elsewhere in Renaissance Commons. No
additional glare would compromise the safety of passerby traffic. Any proposed signage would have
to be consistent with the previous five (5) phases of the Renaissance Commons development As
proposed on the elevations, the self-storage use would be successfully integrated and concealed
within Building '1'~ a structure that resembles that of a multi-story office building. As such, staff is
concerned about the building's interior lighting, in particular, how the building would look after
sundown. Lighting may be used to illuminate a building and its grounds for safety purposes and to
enhance its beauty. However, the visual effect shall be subtle. Also, lighting shall not be used as a
form of advertising in a manner that draws more attention to the building or grounds at night than in
the day (Chapter 9, Section 10. F.). Therefore, any interior lighting (including lighting with varying
colors) that shines onto the overhead bay doors (from within the building that can be seen outside
the building) would be in direct conflict to the above referenced code (see Exhibit "C" - Conditions of
Approval).
The original Phase VI site plan was approved with three (3) monument signs. It showed that the
one of the signs would be located at the northwestern corner of the subject property. It would face
the intersection of Gateway Boulevard and Congress A venue. The other two (2) freestanding
monument signs would be placed at the main point of ingress / egress along Gateway Boulevard. All
monument signs are required to be setback a minimum of 10 feet away from the property line.
Likewise, it could be measured from the outside of the curb along the spine road and access road
(see Exhibit "C" - Conditions of Approval). Again, no signage is shown on the elevation pages for
the aforementioned monument signs. If proposed in the future, its materials and color(s) would
have to be in keeping with the approved master sign program for Renaissance Commons (see Exhibit
"C" - Conditions of Approval).
7. Required setbacks and other open spaces.
The proposed self-storage use would have no impact on approved setbacks or open spaces. The
zoning for Phase VI had been changed from Planned Industrial Development (PID) to Suburban
Mixed Use (SMU). The ''height setback envelope" is not applicable to this phase because there is no
single-family residential development directly adjacent to Phase VI The site plan shows the
buildings would be setback no more than 90 feet from Gateway Boulevard and Congress A venue and
therefore, the project complies with code in that respect
8. General compatibility with adjacent property and other property in the zoning district.
The proposed self-storage use is compatible with surrounding businesses along Congress A venue
and the uses throughout the City. Self-storage would not have a deleterious effect on the property
values of neighboring lots. Generally, self-storage uses are less intense than office, retail, or
Renaissance Commons Phase VI COUS 06-001
Page 8
Memorandum No. PZ 06-010
commercial uses. The self-storage facility is designed within the confines of Building 'T" on the third
and fourth floors while the retail and office components would occur on the lower floors. Evidently,
the applicant anticipates that the self-storage use can coexist nicely with the retail and office uses
inside one (1) building. Staff concurs.
9. Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The SMU zoning district is appropriate for low- to mid-rise developments that provide for medium
density residential uses. The district allows for a maximum building height of 55 feet and a
residential density of 20 dwelling units per acre for mixed-use projects. Building heights between 55
feet and 75 feet measured to the peak of the structure or any architectural details may be allowed
only for interior buildings (those buildings separated from property line by another project building or
use) but only as a conditional use. All four buildings (of Phase VI) have portions of their structure
that extend beyond the 55-foot threshold, so therefore all buildings required conditional use
approval. As proposed, the interior parking garage of Building 'T" would now have five (5) floors
instead of four (4) floors but all parking levels would still be contained and hidden from within the
structure. Building 'T" was legally advertised and approved at 70 feet in height (in December of
2004). This means that any portion of the proposed building that exceeds this height dimension
would require conditional use approval. The elevations show that Building 'T" would be 71 feet in
height. Therefore, this one (1)-foot increase in height would require conditional use approval. The
applicant will be required to either reduce the height of the parapet wall by one (1)-foot or request
conditional use approval for the increase in height (see Exhibit "c" - Conditions of Approval).
10. Economic effects on adjacent and nearby properties, and the city as a whole.
As previously mentioned, the proposed self-storage use would not have an impact on the values of
neighboring properties. It is a relatively benign use that would be operating from within Building 'T'~
Also, staff believes that it will be a benefit to the neighboring residents based on the development
(townhouse) product and its lack of extra storage space. The original staff report for Phase VI
indicated that the "development is expected to substantially increase the City's tax-base. The
proposed development for the site is consistent with Policy 1.19.2 of the Comprehensive Plan in that
the project (as a whole) would provide both commercial and residential development and is expected
to generate approximately 1,090 jobs, and provide goods and services, as well as add to the range
of housing opportunities in the City'~ However, it should be noted that less jobs are created by self-
storage uses than with office uses.
11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter
19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review).
With incorporation of staff comments, the proposed project would comply with all requirements of
applicable sections of city code.
12. Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to
the City of Boynton Beach noise Control Ordinance.
With incorporation of all conditions and staff recommendations contained herein, the proposed use
Renaissance Commons Phase VI COUS 06-001
Page 9
Memorandum No. PZ 06-010
would exist in a manner that is in compliance with the above-referenced codes and ordinances of the
City of Boynton Beach. The project would not create smoke/ odors/ fumes/ or toxic matter that
would negatively impact the neighboring properties. It would be atypical for self-storage facilities to
violate the City~ performance standards.
RECOMMENDATION
Based on the discussions contained herein, compliance with development regulations, and consistency
with the Comprehensive Plan, staff recommends that this request for conditional use be approved
subject to satisfying all conditions of approval as contained in Exhibit "c" - Conditions of Approval.
Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set
within which the proposed project is to be developed. Staff recommends that a period of one (1) year
be allowed to initiate this project.
S:\Planning\SHARED\WP\PROJECTS\Renalssance Commons\Site Plans\Phase VI COUS 04-008\Staff Report,doc
EXHIBIT "A"
RENAISSANCE COMMONS LOCATION MAP
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Conditions of Approval
Project name: Renaissance Commons Phase VI
File number: COUS 06-001
Reference: 2nd review plans identified as a Conditional Use with a Decernber 20, 2005 Planning & Zoning
date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments:
1. The Engineering Division of Public Works reviewed the previously approved X
drainage plans to ensure compliance with all applicable codes and regulations
regarding legal positive outfall. The conceptual plans submitted with the
October 2005 approval, are acceptable to the Engineering Division but as per
staff policy, a more detailed version would be required at the time of
permitting
UTILITIES
Comments:
2. At the tirne of permitting, the applicant would be required to submit a X
time line that clearly illustrates when water and sewer services would be
needed. The commencement date should start at the date of City Commission
approval. Also, the applicant would be required to provide milestone dates
regarding permit application, the start of construction, and the setting of the
first water rneter. Utilities staff would use this timeline in order to determine
the adequacy of water and wastewater treatment capacity upon the project's
completion.
FIRE
Comments; None X
POLICE
Comments: None X
BUILDING DIVISION
COA
01/20/06
2
DEPARTMENTS INCLUDE REJECT
Comments:
3. Indicate within the site data the type of construction of each building as X
defined in 2004 FBC, Chapter 6.
4. Indicate within the site data the occupancy type of each building as defined in X
2004 FBC, Chapter 3.
5. The height and area for buildings or structures of the different types of X
construction shall be governed by the intended use or occupancy of the
building, and shall not exceed the limits set forth in Table 503 of the 2004
FBC.
6. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
7. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the tirne of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
by the City Commission.
8. This structure meets the definition of a threshold building per F.S. 553.71(7) X
and shall comply with the requirements ofF.S. 553.79 and the CBBA to the
2004 FBC, Sections 109.3.6.1 through 109.3.6.6.
The following information must be submitted at the time of permit
application:
A The structural inspection plan must be submitted to the enforcing agency
prior to the issuance of a building permit for the construction of a
threshold building.
B All shoring and re-shoring procedures, plans and details shall be
submitted.
C All plans for the building that are required to be signed and sealed by the
architect or engineers of record shall contain a statement that, to the best
of the architect's or engineer's knowledge, the plans and specifications
comply with the applicable fire safety standards as determined by the
local authority in accordance with this section and F.S. Section 633.
9. Indicate the type of materials that will be stored in these areas. X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
COA
01/20/06
3
DEPARTMENTS
INCLUDE REJECT
Comments: None
x
PLANNING AND ZONING
Comments:
10. As proposed, the interior parking garage of Building "I" would now have five X
(5) floors instead of four (4) floors but all parking levels would still be
contained and hidden from within the structure. Building "I" was legally
advertised and approved at 70 feet in height (in December of 2004). This
means that any portion of the proposed building that exceeds this height
dimension would require conditional use approval. The elevations show that
Building "I" would be 71 feet in height. Therefore, this one (1 )-foot increase
in height would require conditional use approval. The applicant will be
required to either reduce the height of the parapet wall by one (1)-foot or
request conditional use approval for the increase in height.
11. At the time of permitting, the developer shall be required to secure an updated X
Traffic Performance Standards letter from the County that directly
corresponds with the uses (including self-storage) and their respective
buildings areas within all six phases.
12. The project has school concurrency approval for 1,700 units but there is an X
inconsistency between the type and number of units between the School
District's approval letter and the proposed master plan's tabular data
(townhouses versus condominium). This is a minor inconsistency, so
therefore, at the time of permit review, the applicant will be required to
submit an updated School Concurrency approval letter that is consistent with
the number and types of dwelling units, approved through Phases One
through Six.
13. As proposed on the elevations, the self-storage use would be successfully X
integrated and concealed within Building "I", a structure that resernbles that
of a multi-story office building. As such, staff is concerned about the
building's interior lighting, in particular, how the building would look after
sundown. Lighting may be used to illuminate a building and its grounds for
safety purposes and to enhance its beauty. However, the visual effect shall be
subtle. Also, lighting shall not be used as a form of advertising in a manner
that draws rnore attention to the building or grounds at night than in the day
(Chapter 9, Section lO.F.). Therefore, any interior lighting (including
lighting with varying colors) that shines onto the overhead bay doors (from
within the building that can be seen outside the building) would be in direct
conflict to the above referenced code.
14.
15. The storage bays shall not be used to manufacture, fabricate or process X
service or repair vehicles, boats, srnall engines or electrical equipment, or to
COA
01/20/06
4
DEPARTMENTS INCLUDE REJECT
conduct similar repair activities; conduct garage sales or retail sales of any
kind; or conduct any other commercial or industrial activity on the site
(Chapter 2, Section a.1.c.).
16. At the time of permitting, indicate that the project storage area equals 104,412 X
square feet on the site plan tabular data (sheet SP-l).
17. At the tirne of permitting, indicate the number of self-storage bays that are X
proposed within the subject building on the site plan tabular data (sheet SP-
1).
18. No signs are proposed on the elevations or the monuments signs for the self- X
storage use. However, if proposed in the future, then any sign, including its
material and color(s) would have to be in keeping with the approved master
sign program for Renaissance Commons.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
19. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
20. To be determined.
MWR/elj
S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Site Plans\Phase VI COUS 04-008\COUS 06-001 Storage\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Renaissance Commons Phase VI (self-storage)
APPLICANT:
Mr. Carl E. Klepper with Compson Associates of Boynton II, LLC
APPLICANT'S ADDRESS:
980 North Federal Highway, Suite 200 Boca Raton, FL 33432
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
February 21,2006
TYPE OF RELIEF SOUGHT: Conditional Use / major site plan modification approval to change 104,412
square feet to self-storage use, converting in part, a portion of the previously
approved office / storage space within the Renaissance Commons project,
which is zoned Suburban Mixed-Use (SMU).
LOCATION OF PROPERTY: Southeast corner of Gateway Boulevard and Congress Avenue.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and
recommendation of the Planning & Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the relief sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested
by the public and supported by substantial competent evidence are as set forth on Exhibit "c"
with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Renaissance Connnons\Site Plans\Phase VI COUS 04-008\CQUS 06-001 Storage\DO.doc
.
Meeting Minutes
Planning &. Development Board
Boynton Beach, Florida
January 24, 2006
New Site Plan
Description:
Southern Dance Studio (NWSP 06-
001)
Bradley Miller, Miller Land Planning
Consultants
Southern Dance Theater, Inc.
East side of Knuth Road, approximately 495
feet south of Old Boynton Road (1203
Knuth Road)
Request site plan approval to construct a
one-story building totaling 10,000 square
feet for a dance studio and retail use, and
related site improvements on 0.92 acres
zoned C-3
3.
Project:
Agent:
Owner:
Location:
Bradley Miller, Miller Land Planning Consultants, stated the applicant was in agreement
with all 37 staff conditions.
Kathleen Zeitler, Planner, reported the site plan complied with parking, landscaping, building
and site design uses. The building had a lot of architectural details and the color was neutral. It
also complied with the C-3 setback and lot coverage requirements, building height
requirements, signage, and lighting. Staff recommended approval with the 37 conditions.
Chair Wische opened the floor to the public, but closed it when no one wished to speak.
Motion
Ms. Jaskiewicz moved to approve the site plan for Southern Dance Studio to construct a one-
story building totaling 10,000 square feet for a dance studio and retail use, and related site
improvements on 0.92 acres zoned C-3, including all staff conditions of approval. Ms. Johnson
seconded the motion that carried 7-0.
. Mr. Hay arrived at the meeting at 7:14 p.m.
Ms. Johnson was pleased the City had not lost the dance studio to another City, and thanked
Mr. Miller for his efforts to keep it in the City.
B. Conditional Use
1.
Project:
Renaissance Commons Phase VI
(COUS 06-001)
Carl Klepper, Compson Associates, Inc.
Compson Associates of Boynton II, LLC
Southeast corner of Congress Avenue and
Gateway Boulevard
Request conditional use/major site plan
modification approval to change 104,412
square feet to self-storage use, converting
Agent:
Owner:
Location:
Description:
7
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
January 24, 2006
in part, a portion of the previously approved
office space within the Renaissance
Commons project, which is zoned Suburban
Mixed-Use (SMU).
Carl Klepper, Compson Associates, Inc. appeared as agent for the applicant.
Chair Wische asked Mr. Klepper whether the applicant agreed with the 17 staff conditions of
approval. Mr. Klepper indicated the applicant agreed to all 17 conditions and he complimented
staff for doing a fantastic job with the application.
Eric Johnson, Planner, thanked Mr. Klepper for the compliment. This request was to allow self-
storage facility use in the Suburban Mixed Use Zoning District, which required conditional use
approval. Staff reviewed the applicant's request to modify Building I to allow a self-storage
facility inside the building and the applicant had demonstrated they would comply with all the
standards for evaluating conditional use. They recommended approval of their use.
Chair Wische opened the floor to the public, and closed it when no one wished to speak.
Ms. Jaskiewicz inquired whether the footprint was the same for Building I, and Mr. Johnson
responded it was, except the parapet wall had been raised by one foot to 71 feet. It was
previously approved for 70 feet and was advertised that way; therefore, the applicant had
agreed to change the parapet height by a foot to comply with the previous conditional use
approval.
Motion
Mr. Cwynar moved to approve the Renaissance Commons Phase VI request for conditional
use/major site plan modification approval to change 104,4112 square feet to self-storage use,
converting in part a portion of the previously approved office space within the Renaissance
Commons project, which is zoned Suburban Mixed Use (SMU). Mr. Casaine seconded the
motion that passed 7-0.
VIII. Other - None
IX. Comments by Members - None
X. Adjournment
There being no further business, the meeting properly adjourned at 7:25 p.m.
Respectfully submitted,
~~f
Susan Collins
Recording Secretary
(012406)
8
DEPARTMENT OF HUMAN RESOURCES
MEMORANDUM NO. 06-013
To:
Kurt Bressner, City Manager
Through:
Sharyn M. Goebelt, IPMA-CP
Human Resources Director
From:
John W. Jordan, PHR
Assistant Human Resources Director
Date:
February 9, 2006
Subject:
Analysis of Available City Manager Evaluation Instruments
In developing the proposed evaluation instrument for the City Manager, the available instruments of
similar scope from other municipalities were gathered. Utilizing an assessment process based upon the
comparison of six rating criteria consisting of areas identified as critical for measuring the
performance of the City Manger, existing evaluations from the City of Titusville, the City of Parkland,
the City of Mount Dora, the City ofDelray Beach, the City of Fort Walton Beach, the City of
Gulfport, the City of Sarasota, and Hillsborough County were rated.
Each instrument was rated on the overall effectiveness in qualifying and quantifying performance in
the targeted areas of measure, and assigned a numeric rating score for each of the evaluation criteria.
The criteria used to assess the gathered evaluation instruments were:
. Competencies / KSAs (Knowledge, Skills & Abilities) . Goals
. Behaviors . Professional Development
. Objectives . Organizational Development
Following the initial evaluation, the scores were reviewed to identify the best practice for each
criterion, as well as to identify the best overall instruments evaluated. Utilizing a similar format and
layout from one ofthe top scoring instruments, a proposed instrument for the City of Boynton Beach
was drafted. This new instrument mirrors the top criteria identified in each area from the assessment,
combines identified best practices and makes specific improvements over the evaluated instruments in
several crucial areas.
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2005 CITY MANAGER'S
PERFORMANCE EVALUATION FOR:
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NAME OF EVALUATOR:
ANNUAL EV ALUA TION PROCESS:
1. The Mayor and each City Commissioner is requested to complete the evaluation form
based on his/her assessment of the City Manager in ten major areas of responsibility that
include a total of 32 specific performance measures. An "Overall Impression" rating is
also included.
2. The Mayor and each City Commissioner shall discuss the evaluation individually with the
City Manager. Preliminary scores may be adjusted as a result of the discussion. There is
a "Comments" section below each question for clarification purposes,ifnecessary.
3. A composite Ratings Summary Chart shall be prepared by the City Manager and provided
to the City Commission. (The detailed rating sheets of the other Commission members
will be provided when requested.)
4. The performance evaluation shall be reviewed at a Commission meeting at which point
the City Commission shall consider an increase in the Manager's compensation.
INSTRUCTIONS
Ratin!! Scale: Each question is followed by a rating scale. Raters may circle the selected
performance indicator ( 1, 2, 3, 4 or 5) or place an "X" along with a numerical score on the
rating scale line when you feel a rating falls between two whole numbers. There are 32
listed performance indicators in the ten major performance categories on the pages that
follow:
1 = Unsatisfactory, poor, needs substantial improvement = VERY DISSATISFIED
2 = Below expectations, needs improvement = MARGINAL
3 = Satisfactory, okay, meeting an acceptable performance level = SATISFIED
4 = Meeting expectations, very good = MORE THAN SATISFIED
5 = Exceeding expectations, excellent = VERY SATISFIED
Page 1 of 12
CITY MANAGER'S TEN MAJOR AREAS OF RESPONSIBILITY:
I. Organizational Management
1. Leadership: Does the City Manager motivate others to maximum performance? Is the
City Manager respected as demanding but fair? Is the City Manager providing the
necessary assistance to the Board and leadership to the City's staff and volunteers? Does
the City Manager get enthusiastic response to his/her new ideas and needed
organizational changes?
+
1.0
Unsatisfactory
+
2.0
Below
Expectations
+
3.0
Satisfactory
+
4.0
Meets
Expectations
+
5.0
Exceeds
Expectations
COMMENTS:
2. Supervision: Does the City Manager adequately supervise and direct the activities of the
Department Heads and staff? Is the City Manager able to control the operational activities
of the City through others?
+
1.0
Unsatisfactory
+
2.0
Below
Expectations
+
3.0
Satisfactory
+
4.0
Meets
Expectations
+
5.0
Exceeds
Expectations
COMMENTS:
3. Job Organization: Does the City Manager delegate responsibility effectively? Does the
City Manager use his/her time productively? Does the City Manager program activities in
an orderly and systematic way?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
4. Staff Development: Does the City Manager appoint and train effective subordinates? Is
Page 2 of 12
the City Manager able to recruit and retain quality employees? Is the Manager committed
to having City staff operate well as a team? Does he effectively develop Department
Heads and staff people?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
II. FiscallBusiness Management
5. Budget: Is the budget developed in a systematic and effective manner? Is the budget
proposal from the Manager reasonable and appropriate? Is the annual budget presented in
a timely manner and does it reflect a well-planned, realistic and accurate financial plan?
Does the City Manager carry out the budget satisfactorily and control expenses within the
levels set in the budget?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda
topics and reports for the City Commission?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
Page 3 of 12
7. Financial Reporting: Does the Manager provide periodic financial reports in a well-
designed, informative and understandable format?
+
1.0
Unsatisfactory
+
2.0
Below
Expectations
+
3.0
Satisfactory
+
4.0
Meets
Expectations
+
5.0
Exceeds
Expectations
COMMENTS:
8. Managing Multiple Priorities: Is the Manager capable of prioritizing and implementing
multiple priorities while considering the most important goals, objectives and tasks facing
the City?
+
1.0
Unsatisfactory
+
2.0
Below
Expectations
+
3.0
Satisfactory
+
4.0
Meets
Expectations
+
5.0
Exceeds
Expectations
COMMENTS:
9. Productivity: Can the Manager be depended on for sustained productive work? Does the
Manager readily assume responsibility? Does the Manager meet time estimates within his
control?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
III. Program Development and Follow-Through
10. Execution of Policy: Does the City Manager understand and comply with the overall
policies, laws and philosophy of the City? Do hislher efforts lead towards successful
accomplishment of goals? Does the City Manager measure results against goals and take
corrective action?
Page 4 of 12
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
11. Program Development: Does the Manager translate polices and objectives into specific
and effective programs? Does the Manager independently recognize problems, develop
relative facts, formulate alternate solutions and decide on appropriate recommendations?
+
1.0
Unsatisfactory
+
2.0
Below
Expectations
+
3.0
Satisfactory
+
4.0
Meets
Expectations
+
5.0
Exceeds
Expectations
COMMENTS:
12. Imagination - Initiative: Does the City Manager show originality in approaching
problems? Does the City Manager create effective solutions? Is the City Manager able to
visualize the implications of various alternatives?
+
1.0
Unsatisfactory
+
2.0
Below
Expectations
+
3.0
Satisfactory
+
4.0
Meets
Expectations
+
5.0
Exceeds
Expectations
COMMENTS:
IV. Communications
l3. Communication: Does the City Manager keep appropriate people informed? Does the
City Manager present hislher thoughts in an orderly and understandable manner? Is the
City Manager able to be persuasive?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
Page 5 of 12
COMMENTS:
14. Reporting: Does the City Manager submit accurate and complete staff reports on
schedule? Do the reports adequately convey information on the City?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
15. Commission Communication: Does the Manager provide the Commission with
adequate information to make decisions?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
16. Written Communication: How effective are the Manager's letters, memoranda and other
forms of written information?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
Page 6 of 12
V. Relationship with the Mayor/Commission
17. Response to Commission: Does the Manager respond in a positive way to suggestions
and guidance from the Commission? Is the Manager attuned to the Commissions'
attitudes, feelings and needs?
+
1.0
Unsatisfactory
+
2.0
Below
Expectations
+
3.0
Satisfactory
+
4.0
Meets
Expectations
+
5.0
Exceeds
Expectations
COMMENTS:
VI. Long Range Planning
l8. Strategic Planning: Does the Manager help develop effective goals, objectives, policies
and procedures while providing an annual work plan that advises of present and future
needs of the City?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
19. Economic Development: Does the Manager demonstrate leadership and vision in
promoting the economic development of the City while maintaining concerns for "quality
of life" issues?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
20. MuIti- Year Approach: Is the City Manager helping the City Commission to address the
City's future through multi-year planning and appropriate capital budgeting?
Page 7 of 12
+
1.0
Unsatisfactory
+
2.0
Below
Expectations
+
3.0
Satisfactory
+
4.0
Meets
Expectations
+
5.0
Exceeds
Expectations
COMMENTS:
VII. Relationship with Public/Public Relations
21. Media Relations: Is the Manager skillful in his dealings with the news media? Does the
City Manager properly convey the policies and programs of the City?
+
1.0
Unsatisfactory
+
2.0
Below
Expectations
+
3.0
Satisfactory
+
4.0
Meets
Expectations
+
5.0
Exceeds
Expectations
COMMENTS:
22. Community Reputation: What is the general attitude of the community to the Manager?
Is the City Manager regarded as a person of high integrity and ability? Is his public
credibility an asset or liability to the City?
+
1.0
Unsatisfactory
+
2.0
Below
Expectations
+
3.0
Satisfactory
+
4.0
Meets
Expectations
+
5.0
Exceeds
Expectations
COMMENTS:
VIII. Intergovernmental Relations
23. Intergovernmental Relations: Does the Manager work effectively with federal, state,
and other local government representatives? Is the relationship with other local
government officials beneficial to the City? Is the City Manager able to facilitate
cooperative efforts among various local agencies and the City?
Page 8 of 12
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
IX. Professional/Personal Development
24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take
a rational and impersonal viewpoint based on facts and qualified opinions? Is the City
Manager able to divide hislher personal feelings from those which would most effectively
convey the City's interest?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
25. Professional Reputation: How does the Manager stand among hislher colleagues? Does
the City Manager deal effectively with other public managers? Is the City Manager
respected by professional and staff representatives of other cities and counties? Does the
City Manager attend and participate in seminars and conferences for professional
development?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
26. Stress Management: Is the Manager able to resolve problems under strain and
unpleasant conditions? How well does the Manager tolerate conditions of uncertainty?
Does the Manager respond well to stressful situations and adequately deal with the stress
inherent to the position?
Page 9 of 12
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
x. Personal Attributes
27. Leadership Style: Does the Manager display a leadership style that is firm, but flexible
and adaptable, while responding to individuals or situations in an appropriate, positive
manner?
+
1.0
Unsatisfactory
+
2.0
Below
Expectations
+
3.0
Satisfactory
+
4.0
Meets
Expectations
+
5.0
Exceeds
Expectations
COMMENTS:
28. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adapt?
Does the City Manager have an enthusiastic attitude toward the City, both professionally
and personally?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
29. Drive: Is the Manager energetic and willing to spend the time necessary to do a good job?
Does the City Manager have good initiative and is the City Manager a self-starter? Does
the City Manager have good mental and physical stamina?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
Page 10 of 12
30. Judgment and Decisiveness: Is the City Manager able to reach quality decisions in a
timely fashion? Are hislher decisions generally good? Does the City Manager exercise
good judgment in making decisions and in hislher general conduct?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
31. Integrity: Does the City Manager properly avoid politics and partisanship? Does the
Manager fulfill hislher responsibilities and duties in accordance with the ICMA Code of
Ethics? Is the City Manager honest and forthright in hislher professional capacities? Does
the City Manager have a reputation in the community for honesty and integrity?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
32. Self-Assurance: Is the Manager self-assured of his/her abilities? Is the City Manager able
to be honest with himself and take constructive criticism? Does the City Manager take
responsibility for mistakes which are his? Is the City Manager confident enough to make
decisions and take actions as may be required without undue supervision from the
Commission?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
Page 11 of 12
OVERALL PERFORMANCE IMPRESSION:
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
Strengths: Based upon your overall evaluation of the City Manager, what areas would
. you list as herlhis strong points as a manager?
Improvements suggested: Based upon your evaluation, what areas would you suggest
the City Manager work on to improve his skills and to be more effective in
specific areas or situations?
Commendations: Area(s) of performance calling for praise/commendation
Signature of Rater
Date
Performance Evaluation Conference
Signature of City Manager
Date
CITY MANAGER'S COMMENTS:
Page 12 of 12
The following comes from a publication of the National League of Cities. It is written by David
Latshaw who is a forn1er city manager and who now has a consulting business that assist cities
and counties in evaluating their manager. If you want to reach Mr. Latshaw, his website is:
http://latshawassociates.com/and his phone number is: 480-836-7247. Just tell him I sent you.
Colin
@Colin Baenziger & Associates
Newsroom
Nation's Cities Weekly- October 24,2005
Raising the Bar on Manager Performance Evaluations
by David C. Latshaw SPHR, CPCC
The following is a preview of one of the topics to be covered during Leadership Training
Institute seminars at the Congress of Cities in Charlotte, N C. "Effective Governance: Secrets of
Evaluating Your City j\1anager" will take place on Tuesday, December 6.
Whether you are a seasoned professional or a newly elected local government official, you will
soon be conducting a performance evaluation for your manager. Are you are looking forward to
this "communication" or do you have a certain sense of foreboding? How you answer this
question may hinge largely on the efforts you and your council have taken in defining a process
that works for you as an employer.
The council-manager relationship is a fragile one, laden with variables that can lead to sudden
shifts and considerable change over time.
And while some councils believe that each member providing "on the spot" performance
feedback to the manager may suffice, nothing can ever substitute for a formal and
comprehensive performance evaluation process.
As any council member or manager who has ever conducted or received a performance
evaluation knows, the process can sometimes be uncomfortable, frustrating and/or disappointing.
When it comes to evaluating the performance of a manager, there are no standard models to
follow.
Many processes are established merely as a result of a manager's initiative or recommendation.
Others are a combination of methods that have been institutionalized over time but are seldom
reviewed for their effectiveness.
Still others are a product of a thoughtful and deliberative process that reflects the importance the
council places on both communication and the council-manager relationship.
There are two fundamental aspects of performance that must be accounted for in any legitimate
perfonnance evaluation process, technical and behavioral.
Technical performance deals with the extent, efficiency and effectiveness with which specific
goals and expectations have been met. Here, clear objective measures can be created to indicate
success.
Behavioral performance, on the other hand, is much more complex. Here the emphasis is on a
wide range of interpersonal and other subjective factors that are not always easy to define and
even harder to measure.
No matter what performance evaluation process a council chooses to utilize, it is important to
realize that many benefits can be derived from this exercise.
Increasingly, the demand for greater public accountability and closer media scrutiny dictates that
councils be prepared to defend the compensation packages afforded managers with more than a
simple comment that helshe is "doing a great job."
Citizens are much more interested in the results that have been attained and having a sense that
their council and manager are in fact "on the same page."
When it comes to developing or conducting an effective performance evaluation process, here
are but a few of the steps a council should consider.
First, talk to one another, as well as your manager, about the level of satisfaction with your
existing process. Pay close attention to what your council wants and needs and how you can
reinforce your role as an employer.
Second, examine an array of approaches that other communities utilize, and engage other elected
officials in a dialog as to what has worked for them, what hasn't and most importantly, why.
And finally, determine what are some of the specifics you could institute to increase your
manager's degree of public accountability.
Dave Latshaw, SP HR, CPCC, is president of Latshaw & Associates. Latshaw and associate
Andrea White work exclusively with local governments to enhance council-manager relations
and performance.
City Manager Performance Evaluation
Evaluation Period
1JlJ, ;)1 ~
City Manager
Performance
Evaluation
Evalua;for .
D.ate
Rate each item in this evaluation based on the following scale.
(1) Poor (2) Fair (3) Good (4) Very Good (5) Excellent
Page 1 of7
City Manager Performance Evaluation
Evaluation Period
Oranizatiol1;;l1 Ma:p.a'. emel}t
l. Plans and organizes work that implements the policies of city council.
Rate
2. Initiates and maintains effective professional relationships with department
heads.
3. Effectively utilizes resources.
4. Ability to manage, motivate, train personnel, provide leadership, encourage
team atmosphere, manage resources, and set realistic goals and objectives.
Section Avera e
FiscalMantt'ement
'" .;:....,...,..,J........,........ ..,......,...,..,.,..., :....::..,.'. We'_':'..:"-,>.'::,.'"
1. Plans and organizes the preparation of the annual budget using standard
financial management procedures and documentation that conforms to the
guidelines ado ted by city council.
2. Administers the adopted budget within approved revenues and expenditures.
3. Plans, organizes and supervises the most effective use of manpower, materials,
machinery and equipment.
4. Makes the best possible use of available funds, conscious of the need to operate
the city efficiently and effectively.
Section Avera e
1. Establishes and administers a planning process in anticipation of future needs,
problems and issues.
2. Participates in the establishment of reasonable goals and objectives for the city
and each department
3. Achieves specific goals and objectives in a timely manner.
4. Assists and coordinates with city council and staff in the implementation of city
goals and objectives.
Section Avera e
Rate each item in this evaluation based on the following scale.
(1) Poor (2) Fair (3) Good (4) Very Good (5) Excellent
Page 2 of7
. City Manager Performance Evaluation
Evaluation Period
... SJ~ff1ng >. "" ... .Rate
. .
1. Recruits and retains qualified and highly competent personnel.
2. Monitors performance of staff and initiates corrective action as needed to
improve job performance.
3. Effectively manages employee benefits, compensation, career development,
employee relations and union negotiations.
4. Evaluates personnel periodically and points out staff weaknesses and strengths.
Section Average ..
Ma.na~p1eJ:1tE'ff~9tiy.en.~ss
1. Has the ability to resolve the numerous conflicts inherent in municipal
government, is a good negotiator.
2. Honest and fair, consistently open and straightforward.
3. Responds well to a changing world and local conditions and is adaptive.
4. Maintains and shares an appropriate sense of humor to lighten the load.
Section Avera e
~epQJ;;ting ..... R.~te.
... ....
1. Keeps the council well informed with concise written and oral communications.
2. Provides meeting backup package in a timely manner.
3. Provides sufficient backup information for agendas?
4. Prepares a sound agenda, which prevents trivial administrative matters from
being reviewed by the council.
SectiQIl.Average ... ..D ../ .
.... .
Rate each item in this evaluation based on the following scale.
(1) Poor (2) Fair (3) Good (4) Very Good (5) Excellent
Page 3 of7
City Manager Performance Evaluation
Evaluation Period
Relationship withCottllcil /' ,".<" " ,g~t~
1. Willing to meet with council members, both scheduled and unscheduled
meetings.
2. Carries out the directives of council as a whole rather than those of anyone
council member, but does recognize the concerns ofthe minority.
3. Does the city manager's office respond completely and in a timely manner to
complaints and request from the mayor and city council?
4. Assists the council in resolving problems at the administrative level to avoid
unnecessary council action.
5. Assists the council in establishing policy while acknowledging the ultimate
authority of the council.
6. Informs the council of administrative de~elopments.
7. Informs all council members of important issues and developments.
8. Assumes responsibility for staff performance.
9. Receptive to constructive criticism and advice.
S,ection Average '.,' 1/
.
Citizen anqthte);9:\'~thn;i~P.ta'r'~~fEl.ti~p;~,
1. Handles citizens' questions and complaints in a professional and prompt
manner.
2. Willing to meet with members of the community and discuss issues of concern.
3. Recognizes the public's right and need to be well informed.
4. Skillful with the news media, avoiding political position and partisanship.
5. Cooperates with the county, state and federal governments.
SectionAvera e
Staff Interaction
l. Encourages department heads to make decisions within their own jurisdictions
without city manager direct approval yet maintains general control of
administrative 0 erations.
2. Develops a friendly and informal relationship with the work force yet maintains
the prestige and dignity of the city manager's office.
Section Avera e
Rate each item in this evaluation based on the following scale.
(1) Poor (2) Fair (3) Good (4) Very Good (5) Excellent
Page 4 of7
City Manager Performance Evaluation
Evaluation Period
ProfessionaLDey~lopment 'IPetsoll~L01"l.~):a.Qt~ristics :Rate
.
1. Is continuing education to maintain professional development.
2. Ethical: conforms to the high standards of the profession; is a member of the
ICMA and knows, follows and promotes the "ICMA Code of Ethics"
3. Credits municipal accomplishments to the policy makers; does not feed
personal ego.
4. Job Knowledge: Learns and understands the various skills and procedures of
the job.
5. Composure, appearance, and attitude fitting for an individual in this executive
position.
6. Anticipates problems and develops effective approaches for solving them.
7. Willing to try new ideas proposed by councilor staff.
SectiortAverage .. .. ...........y,." .8<....... ".i... .\C'..,,'.....
........ 'jJ""
P61ic
1. Accurately interprets the direction given by council.
2. Implements council actions in accordance with the intent of council.
3. Supports the actions of the city council after a decision is made.
4. Enforces city policies.
5. Understands the city's laws and ordinances.
6. Reviews enforcement procedures periodically to improve effectiveness.
7. Offers workable alternatives to the council for changes in the law when an
ordinance or policy proves impractical in actual administration.
Section Avera e
Rate each item in this evaluation based on the following scale.
(1) Poor (2) Fair (3) Good (4) Very Good (5) Excellent
Page 5 of7
City Manager Performance Evaluation
Evaluation Period
,
FiIl~ins . r. ...<
l. What are the manager's most significant accomplishments during the past year?
2. What are the manager's strongest qualities?
3. What areas does the manager need to improve in? Recommendations.
4. Two things the manager does that you would like him to continue.
5. Two things the manager does that you would like him to discontinue.
6. Two things the Manager does not do you would like him to start.
Rate each item in this evaluation based on the following scale.
(1) Poor (2) Fair (3) Good (4) Very Good (5) Excellent
Page 6 of7
City Manager Performance Evaluation
Evaluation Period
C ~Af>""
q\.dk )
AV'er~ge:'
Organizational
Management
Fiscal Management
Planning
Staffing
~,
Management
Effectiveness
Reporting
RelafioIlsmpWitn;@outicil
,.." .
Citizen and
Intergovernmental
Relations
Staff Interaction
ProfessioI1a1
De,velPPl11enf !'iRersc>n,a:l '"
CEha:nacteristics " ..,'.' " >
'-',"-"." "_'" .,;...".....;-:..<"... ."c',:,,',co,",__,',
Policy Execution
..
Overall Average ."
,
Rate each item in this evaluation based on the following scale.
(1) Poor (2) Fair (3) Good (4) Very Good (5) Excellent
Page 7 of7
O,,~\~,i,~
~'.o;'
Please complete this form and document the degree to which the
employee demonstrates behaviors associated with functional
competencies. Place a number on the continuum measurmg
performance on a scale of 1-10 (1 Obequals "outstanding"). If possible,
note examples of specific assignments or instances to support your
reVIew.
Competencies
to be reviewed:
Professional Skills
Review
completed by:
D Council Member
Interactive Skills
D Mayor
D City Manager
D Department Head
D Self
Administrative Skills
Performance Expectations
Performance Review for:
Reviewer Signature/Date
PERFORMANCE BASED
COMPETENCIES
Please enter a number on the continuum, indicating to what degree the individual demonstrates the behavior
associated with each item.
Unsatisfactory
Lowest
o
Good
5
Outstanding
Highest
10
Points
. Job Knowledge: Possesses working knowledge of all phases of the job.
Completes tasks efficiently, Remains up-to-date on changes, trends and
technology related to job.
.
.
D
. Judgment: Ability to make sound and proper decisions by drawing on
expertise with minimal negative effects on Council and Staff relations. Takes
responsibility for decisions
.
.
D
. Technical Knowledge: Possesses a high level of knowledge and thorough
understanding of the business to achieve fiscally responsible solutions.
.
.
D
Total
Comments:
.="~~'_TU"~ ". '_~i'_"H .. "-' . ,,' . q n. "~
~:;I'}<.;,',. .., < ,~ \ .' ''<;' \ ,~t, ~ , ";
~~~iV,~ir.~t""~l";,i, ."".: '. . , . I
.d~~~~~_'~'~~"~'b' ._~..j
Unsatisfactory
Lowest
o
Good
5
Outstanding
Highest
10
Points
. Interpersonal Relationships: Willingly demonstrates ability to cooperate,
work and communicate with Council, subordinates and outside contacts,
.
.
D
. Communication: Effectively expresses him/herself in individual and group
situations. Conveys thoughts and ideas clearly and concisely.
.
.
D
. Responsiveness: Responds quickly to the requests of Council, Staff and
Residents,
.
.
D
. Follows DiI'ection: Understands and follows Council's direction.
.
.
Total
D
Comments:
-2-
PERFORMANCE BASED COMPETENCIES continued
Please enter a number on the continuum, indicating to what degree the individual demonstrates the behavior
associated with each item.
. Coordination: Ability to work with others as a team and express indiyidual
viewpoint while considering and learning from the input of others"
Unsatisfactory Good Outstanding
Lowest Highest Points
0 5 10
.. . D
.. . D
.. . D
1lI . D
Total
Grand Total Points
. Planning and Organization: Establishes appropriate course of action for self
and subordinates to accomplish goals; makes proper assignments of staff and
a ro riate use of resources; sets realistic ob"ectiyes with a ro riate time frames,
. Adherence to Policies and Procedures: Properly interprets and applies City,
division and/or department policies/procedures to oyerall job responsibilities,
. Orientation Towards Results: Ability to initiate projects, anticipate changes
or needs, set new priorities, follow through and meet deadlines
Comments:
A compilation of objectives will be provided to Council upon"
completion of this review process. Council will then prioritize
the complete list, providing the employee with 4-5 high priority
objectives to be completed for the next review period.
Objective:
Action Plan:
Objective:
Action Plan:
Objective:
-3-
PERFORMANCE BASED COMPETENCIES continued
Action Plan:
Objective:
Action Plan:
Objective:
Action Plan:
Objective:
1.
2.
3.
4.
5.
Comments:
-4-
PERFORMANCED BASED COMPETENCIES continued
1.
2.
3.
4.
5.
Comments:
1.
2.
3.
4.
5.
Comments:
-5-
PERFORMANCED BASED COMPETENCIES continued
~iIt\\1iillrir~4\1~~fliJ~~"i'F~::,q, k' -'2~~':'" ~ ',' "I
~~.:l9.. '''. J' .". _~ ,~. ,,,,,0 F . '" , '
~:,!,~~~fEl"l""m,ulli~ :,1'ij.~~ ,"? ',1,~',;;1!olrl!\t"ll,! (.t~':9!,"!! Jf"~ ~hl.Mr!1 ~ij,t;' ,.j"l'~l'~'l'i" I
~*&iilll~!!l~ij~~~~~frfu;":!it_iallw,w"~",, ,;",,_,,~~, ,_~
Comments:
ADDITIONAL EMPLOYEE COMMENTS:
Discussed with employee on:
/
I
Employee Signature:
Date:
-6-
Performance Review
City of Mount Dora
~:<;i;.i:'~;Jii_i0;j;I~~ ~
.\\\~M.Yllf:,,~'II.~
<~ _Jml"_l~*,~~
Please complete this form and document the degree to which the
employee demonstrates behaviors associated with functional
competencies. Place a number on the continuum measunng
performance on a scale of 1-10 (lO;.equals "outstanding"). If possible,
note examples of specific assigmnents or instances to support your
reVIew.
Competencies
to be reviewed:
Professional Skills
Review
completed by:
D Council Member
Interactive Skills
D Mayor
D City Manager
D Department Head
D Self
Administrative Skills
Performance Expectations
Performance Review for:
Reviewer Signature/Date
PERFORMANCE BASED
COMPETENCIES
Please enter a number on the continuum, indicating to what degree the individual demonstrates the behavior
associated with each item.
Unsatisfactory
Lowest
o
Good
5
Outstanding
Highest
10
Points
. Job Knowledge: Possesses working knowledge of all phases of the job.
Completes tasks etllciently, Remains up-to-date on changes, trends and
technology related to job,
III
..
D
. Judgment: Ability to make sound and proper decisions by drawing on
expertise with minimal negative effects on Council and Staff relations. Takes
responsibility for decisions
III
..
D
. Technical Knowledge: Possesses a high level of knowledge and thorough
understanding of the business to achieve fiscally responsible solutions.
..
..
D
Total
Comments:
Unsatisfactory
Lowest
o
Good
5
Outstanding
Highest.
10
Points
. Interpersonal Relationships: Willingly demonstrates ability to cooperate,
work and communicate with Council, subordinates and outside contacts.
III
..
D
. Communication: Effectively expresses him/herself in individual and group
situations. Conveys thoughts and ideas clearly and concisely,
..
..
D
. Responsiveness: Responds quickly to the requests of Council, Staff and
Residents.
..
..
D
. Follows Direction: Understands and follows Council's direction,
III
..
Total
D
Comments:
-2-
PERFORMANCE BASED COMPETENCIES continued
Please enter a number on the continuum, indicating to what degree the individual demonstrates the behavior
associated with each item.
. Coordination: Ability to work with others as a team and express indiyidual
yiewpoint while considering and learning from the input of others,
. Planning and Organization: Establishes appropriate course of action for self
and subordinates to accomplish goals; makes proper assignments of staff and
a ro riate use of resources; sets realistic ob'ectiyes with a ro riate time frames,
Unsatisfactory Good Outstanding
Lowest Highest Points
0 5 10
.. . D
.. . D
.. . D
.. . D
Total
Grand Total Points
. Adherence to Policies and Procedures: Properly interprets and applies City,
division and/or department policies/procedures to oyerall job responsibilities.
. Orientation Towards Results: Ability to initiate projects, anticipate changes
or needs, set new priorities, follow through and meet deadlines
Comments:
A compilation of objectives will be provided to Council upon
completion of this review process. Council will then prioritize
the complete list, providing the employee with 4-5 high priority
objectives to be completed for the next review period.
Objective:
Action Plan:
Objective:
Action Plan:
Objective:
-3-
PERFORMANCE BASED COMPETENCIES continued
Action Plan:
Objective:
Action Plan:
Objective:
Action Plan:
Objective:
1.
2.
...
.J.
4.
5.
Comments:
-4-
PERFORMANCED BASED COMPETENCIES continued
1.
2.
3.
4.
5.
Comments:
1.
2.
3.
4.
5.
Comments:
-5-
PERFORMANCED BASED COMPETENCIES continued
Comments:
ADDITIONAL EMPLOYEE COMMENTS:
Discussed with employee on:
I
I
Employee Signature:
Date:
-6-
--- -- -- -_._--.-
---v ..........-. ......w ~ ...... I ..._~
uO~-{-rc.-OU;:J'"
p...::
12/05/2005 11: 19 F~ 56124371911 crn JL.~AGERS OFFICE @002
. . . PERFORMANCE EVALUATION /'
MUNIClPALCHlEFEXECUTIVE VI}I :~Li'V
, ,
I -' '~1;j.1,:-~~ .,'. , 1"; ",..'~~l~l~~~~t:.~m~;':ii~~i~~;~~...
PLANNING ~ ability to anticipate and analyze problems; map$ effective solutions.
o Ull8aleptable 0 poor 0 attqnab/c: 0 good 0 excellent
Comment:
:. "....;~.i~ 1111 -Fl~""i.~';''llr....:.lo'Etlr-~..~.~.~,.~;l;;.':!.'ii,'''''' '., ," '." ~~J
. .a\ -, ~ '.' ~~.d.~ll1~~~~"~:i~l..~!lI~,-,"ltt';::':"~~"""'*'
ORGANIZING. ability to arrange werk and effldent:l.y apply rtiources.
CJ IlZIacceprable 0 poor CJ accepraolc: l:l aood 0 elll2llt:nt
Coltlil'lent:
V,~I 'n I J - '\11--.",.. ..wJ~~=>!.~......_t1. _'"' J~J. 1 ,J~_...!L_l_
SUPERVISION. build. and motivates a team, provides direcdoh, monitors and adjusts pcrfcnnance as necessary.
a llnaC:l;cptable 0 pclQ( 0 teccplable 0 good J:j elCt:cllent
Com.l'nt"tlt: ~
'J'. '~.'~h~~~~}Ji~~~ .-':;~\\'.r;;';:.:-:c'~,m;..I'" ",:,.;..:;?~~.:~~\:tF.~'~:;"::~'.';:~:';.' . ,: )~~
DELEGATION. effectivdy a.saians work to others ana builds their skills.
o unacceptllble Cl pelOt' Ll so:ccptlble 0 iood D excdleu.t
COMmmt: _
,,~;;:,~"ii....">t~~lt~Ilf.'''''l'tl,m!i;':ll1't;.V&\:~:;:''.t.._jt.~:~~-I;,)1:~~dt~~"!J')i:t..:~".i"r.;'.:'}~'.. ..'..:.,.:
TIMING, i.eo oppoL'tlmist .. makes de~lsjon' when. sufficient information Js available.. implements a~on when
conditions are ripe fot !U~.
CQl'nment:
o uUCC:C"oJt;Ible
r:l poor
o acceptable
Oeood
o CXQInlll\t
"'~~""',....,...-...,."...J_ ,.........._.........._....J_~~~~,...]II ...~-;__....lM.~,...__I~~~~
FINANCIAL MANAGEMEm .. aeeul'lItely and concisely fetXlrts (and projects) the t'inal\cla1 condition; rnanaee.
rnent practices and policies are designed. to. maintain (01' achieve) a soW\d long range f'U\ilnQa.! condition- uses debt
cautiously, plal'll for the long term replacement and maintenance of equipment and icifrasauctl:ltt:.
o ~t;\bk 0 POor 0 Keeptlble 0 good Cl ~t
Comment:
: ;:;;Si;c'~~W'~i.~:i~~'::, ,;it~.'..;,:<:,:,.,. . .\ ,j'.". ...,";..,A,'" ~:'::...;~:<,.: ..',.....,,~...;,....,;.. ""''':>~''"
FOR.GEs COMPROMISES.. has the ability to resolve th~!'Iurnerow conflictB inherent in munidpaI govem!:l\eht -is a
good negotiator.
Coltlment:
o anacetprahle
Opoclt
D u:c:~blc
LJIlOOd
o exc:dlen.r
.~'''.....;~,,--~. -- -1'~IIl'j_i1""'':-'''~~~.~~~.rj;,1~~~'-...M"~~~.i:3I~i
ANALYTICAL.. in making decisions considers the ~t available facts, projec:t:icms and scieMfIe cvidcn.;e. To the
exteDt that re&our~ permit, tnsute$ that these tools are a\'aiIabJe.
Cl uaao::eptable 0 poor CI ao:Cl:ptable 0 rood (j excellent
Comment:
. . ,'" ;';:-~"'=~;i;' !<~~I>.':Jll,f.~~T!i1t.i;;! i'l~'~~'f:r;' ..'..,~;~'rt,~i~~; i.~~>-;:::;;i:l.~~ ,',c'}; ;;} ;';'", , ;"", ".
SENSmVITY -listens arad unaenrands ~ positions and circumstance$ of others; CODUuu.n.icata; that undemanding.
o ur.ICt&:ptabIq 0 poor 0 .~ 0 am 0 cxcelll;nt
Con'ment;
~l~~ n~~orne~'s U~~10e
"<" "" y" """'" ... em IlANAGEIlS OFF.CE ~003
1""'"'' "'20 FiX 5612437 '~~~""'. '. . '0 . ". ......... .
. "'~..""...,..~;:"."".""",,. . ..,....... ~,.". ""''''_.~....,
. . COMMUNICATIONS WITH OOVEllNING BODY · ace",,'ely In..,pre,, the direction eivtnby dleflO_"'"
body; keeps YOU well. informed w~th cOllclse oral and written communication. ,
. 0 _0bI0 0 ..".. 0 .""",.". 0 '"'" 0 'raJa,
Comment:
-W- ~ . ~ --_.-.... _ _ . _ /1 :..:...,. _ _
COlolMUN1CAnom WlT1f nn; PUBuc . " ""'" md .vafIabIo to ... pubtie, tak.. theu COlle.... and
. ProhI.m. ....'ouoJ" '=- the pubIj" tight md need to be wdllnlonned,;, vi.sihle In the """""""'y.
o 1l1lacc:epClbIe 0 poor 0 ao:optllftk 0 ,004 Q ftcell=lt
bSl-742-6054
10.3
Comlllel1t:
=- l . ,_ ~
COMAWNICAnoNSWlT(J El.Q>LOUI!!I. P1'O>id.. .aHlcieDt Infom.adOll to keep the"""'"'-~
'motivued and part of the team; understlnd& their co~.
o \Wc:cep~ 0 poor [J lICCl!ptaftle 0 iOOd (J =e~t
~
=-- J -' I. _ -~ !I. _~
CREAnvtn "llbiUty to reac:b. for effective, and ~hen necessary, inventive solutioDi.
. lJ UllllCCep~ Cl poor 0 uCCptllble CJ JOoc!
COltllr.cnr: _
l"~ __. '~~
BONBS'I'-PAtl-l!Oil8istenrlv open and Btralghrforward; UnparttaL
(J Ut1aCceptable Q poor 0 acceptable IJ JOod Q ~lellt
.:"'~ ~.~.. IIU r, ~ I _ _.__
~LIl. _do _.elr to. o:haneinlwodd md ohanri..locaJ eondltio"" doea _ell",,,, dl...."" quo
{or its O....'n sake.
D eacelleul
ComMl!ntl _
o U~table
'0 poor
a ll<<eptabk
IJ,Ood
o Q:cellent
~r I .I - "U . ._~- L _ 1 I!IIIl........:
RESlLl!!N'J' · "'''BY md -vadon -ne:t in 'l>lte 0( ",,"Iant demands; hmdJ....... well. .
. CJ unar;ce~bll 0 poor Ll IICCIlpbIbJe' 0 cood 0 e~Ulllt
COmm~~ =
c'." ~"""""'~"">~.....,..",. :............ ~""~"'_'_""~""''''''''~-'''';:',,,:., "..:c..,..",
.".-:-=-----~: ..'''~~.,..._--..~- _.. .,..".... ." '. .....
HUMOR. maiotaiN md ahares an appropriate sense ofhlUnor to lighten the load.
o llnlcceptaOl~ 0 poor 0 lICccp~le Ll rood 0 excellent
Colllment:
:-.. r ~I . 1~.l:>...--. '. .'0 ,
HI1UNG . recopl". die ..I.. of ....u.n, empl_ and ;.... .n ........ble <ffur.. It> I...... that the boat &valIah1.
individual. are recruited and hired.
o llAaceepeabl; 0 pQOr r:I ICl:eprablc D load 0 exc:elL:at
Cornl1le= ~
'~~.Jt.l!il~~'<;"'!<"~_'__"l'
RISK MANAGEMENT. implements effective pJ:ogranu co linUt liabiHty and I.osa.
C Ul\'~ 0 POor 0 Q~bic 0 rood 0 ClI"c:eIJent
Comment: _
.....c'oJ '-"U '-AU uu.eJ.IC.r-'
~~~~ n~~Orne~'5 U~~lCe
~61-742-6054
12Ig~.f12.~.."lJ..:.20 FAX 5lJ12437199 CITY KANA~RS ~_
lEADERSHIP. guides effectively.
o \,Inacceptable 0 poor 0 aa:eptable
o good
p.4
~04
"-,m
Cotnm~~ ~_
:i!1~~J --- -- 1/ 'li"'~~L- I _ l flW _J --~lii
ACCEPTS -B~ON . agar=atve1y reaponds to the direction Of the majority of th~ goveraina body r rtot'
sidetracked by the minority hut recognizes thel.r concerns. ,
o \lQIcccptabIe 0 poor CJ Ilcceptable .0 iood 0 excellent
CI excellent
Comment: ~
::.
~IL4~ .1 1 II -u-...-~ __~
ETHICAL. conforms to the hiP $tanduds ol the profession; if a memberofICMA. knows, follows and proft\otea the
"reMA Code of :gdUes,"
Cotll.l1\eftt:
o UDao:epuble
Cl poor
D atc:cptablc
OIOOl;i
o excellent
~~Rml -:.... - ~ -'L f
JOB KNOWLEDGE. has a solid. under.tandin, of all phase.,' of mUnidpal-govem.m.mt.
o lW=eptablc 0 POOr 0 al:Cq)QQlc 0 iOOd
y
Coll'llYltllt:
~
Q 1lxcd1M1t
I I ~
Jrq~~. L - -1 rl& '-~"'ii'~r"''''.'.'"''-'i'. _II~
' 'PROFESsIONAL DEVELOPMENT. tUesactiOl\ to acquire new knowledge and skills. eIKow-agu em.ploveea to
do the same.
Comment:
o UD.Iec~le
o t:JIl;clImt
o (XlOr
o lto!prabJ"
Daood
-.r JJlJl
SUCCESSFUL. in spite or limited ~. makes it happen,
o I.ll'IIccep:able 0 poor. C a~~lt
Commell.rl
OIJ;Xld
..
Cl excellellt
-~ I. --.II
QUALITY OF Ml7NIcJpAL SEaVICBS .. how well do the dirtct Servl.cea provided meet the needs of the
<:OQIrcl.lnlty. rCEO CO ~ the fDUowtng lilt pnw-IO ~t1on) .
Stt'eet MaintenatJet
PoIla: Se:rvi~
FIre: r EmergeDCy Medlc8J
Parka
Rcacation Services
Waler &. Sewer
LandlJR
AlIltnal ~:ltrol
ColVtrUctiOI\ &. EneilKlll'tna
UnaCD!pQlbJc
o
a
o
CJ
o
o
o
D
o
o
o
Cl
CJ
D
Cl
o
Poor
o
o
o
o
[:]
o
D
o
o
o
o
o
D
CJ
o
o
ACCfJplllble
o
CJ
n
[j
c
c
o
o
o
o
c
o
0.
o
o
o
Good
o
o
o
o
o
o
o
CJ
o
o
o
o
o
o
o
o
&c:ellllnt
o
o
o
o
1:1
o
a
o
CJ
o
o
o
o
o
o
o
ue..... UO U...J u..:J..l"'~
L.~~~
n~~arn@~-s U~~lC@
tlc 1 -"/4c -tiUb4
p.5
1%/05/2005 11:21 FAX 5612437199
CITY ~~AGERS OFFlca
faraos
I-
i
OPERATIONAL EFFICIENCY.. obtains the best !)O$$ible end result tor the money spent.
o U!'IAcap=blc 0 'pQQ( 0 aCL'l:ptllblc ,~ ~
CQmmcnt:
a fJct:Cllenr
,"~._j .~,~~
CREDITS GOVlmNING BODY .. ctedits munidpal accompl18hments to the pelky makers; does not feed a
pe1'Jiona! ego,
o unaCi:llpQllJe
::J poor
o a<:tqltable
Otood
o excellent
Col'Cnlent~
Itf~... L ---1b..t...~l.I~~IW:.~;&7;~?".~~,~~~i.z1.~.y:.,,:;::,;~
COMPLE'IlON OPPRIOR OBJECTIVES ~ considerit\2 the feaources available, how well CEO itrJ.pl~rhel'ted prior
obj~e.s.
o W1Icaptablt
o POOr
o~~
Ogoocl
o oxc.Utnt
COI:l'lmI!rlI:
. :'.::'~~:",:: "-~"~':~'''~~:':'''~:V~~~:,o~ ~":'::~:: :..OT" .:..
NEW OB]ECTIVES .li.st new priorities (the CEO thenwiU prepare draft actiOn plan for your review),
"
t!~,~~~~_Ullll - Iff q---~~l~.I"1T IIIJ.~J~~~_~;;
OTHER WSAKNESSES ~ list othtr areas in need of imptovttr\ent.
--
=-
~ 1 J _' l!~~w"T lml~"'~~~'i:,i:.~~:fr"~'~~~~~
OTHER STRENGTHS ~ list other strengths.
~
:- ~ ~:-".~~'!r:-!~:.;;~:'='t-"""~,:~i.~~.:: : ~..~~' r.~ .~;. "~~r~:~'1;o,~"';.... ... ;,
of, ...
.aelltlr oC cvalualtlr
evaM~IOf\ pcol;xl
eleCt
OSollro;c &.. Refermo: 1989
.....,"...0
C~i-y of ic7Lt UJcJ~
Manager Performance~valuation Form
~
City
Name: Joyce Shanahan
Anniversary Date: 11 /20/05
.. ,.... ,.f Place a mark in the box that applies.
......... Needs Meets Exceeds
Professional Skills Unacceptable Improvement Expectations Expectations Outstanding
..... 1 2 3 4 5
· Leadership: Represents the City in a
professional manner; demonstrates a high degree of
integrity; displays ability to handle crises; accepts
constructive criticism; demonstrates courtesy, tact
and skill in dealing with sensitive matters and in
dealing with others; maintains an overall warm and
personable attitude.
· Decision Making/Judgment: Makes timely
decisions that are well thought out and in the best
interest of the City; accepts responsibility for
outcomes; handles difficult situations in a
professional and proactive manner.
· Coordination: Ability to work with others as a
team and express individual viewpoint while
coordinatinQ and learninQ from the input of others,
· Planning and Organization: Works with Council
developing long and short term goals and objectives;
makes effort to carryout the goals and policies and
programs of the Council; demonstrates the ability to
anticipate needs of the City and recommends
options to appropriately respond to those needs;
and sets realistic objectives with appropriate time
frames.
· Budgeting: Provides operating and capital
improvement plans and other short and long range
plans that anticipate the needs of the community;
presents a timely annual budget which is well
documented, organized and one which closely
represents the Goals of the Council.
· Financial Management: Accurately and
precisely reports and projects financial condition; \
budgets realistically; implements management
practices and policies to maintain or achieve a sound
long-term financial condition; uses debt
appropriately; plans for long-term maintenance and
replacement of infrastructure,
· Asset Management: Oversees the appearance
and condition of City-owned facilities, equipment,
vehicles; reviews equipment and property for the
purpose of future development and/or replacement.
Comments:
Page 1
Place a mark in the box that applies,
Needs Meets Exceeds
Interactive Skills Unacceptable Improvement Expectations Expectations Outstanding
1 2 3 4 5
· Interpersonal Relationships: demonstrates
ability to cooperate, work and communicate with
Council, other Charter Officers, subordinates and
outside contacts.
· Community Relations: Maintains positive
relations with community groups and organizations;
attends community functions; properly handles
complaints from citizens,
· Responsiveness: Responds in a timely manner
to the requests of Council and residents.
· Follows Direction: Understands and follows
Council's Direction,
Comments:
, Place a mark in the box that applies,
..... Needs Meets Exceeds ...
Communication Skills '", Unacceptable Improvement Expectations Expectations Outstanding
. ... 1 2 3 4 5
· Council: Openly communicates with Council,
promptly and properly responds to requests, keeps
Council informed of current issues, remains
accessible; provides support in carrying out Council
decisions,
· Press: Maintains constructive relations with Press
and communicates clearly and demonstrates
effective listening, oral and written skills,
· Staff: Develops and maintains positive relations
with Staff; communicates clearly and demonstrates
effective listening, oral and written skills.
· Residents/General Public: Maintains
constructive relations with the public; effectively
utilizes tools such as newsletters, press releases,
internet and public speaking opportunities to inform
community about Council action and polices,
· Relationship with Council: Develops and
maintains an effective and professional dialogue with
City Council on a formal and informal basis,
Comments:
Page 2
Place a mark in the box that applies,
Needs Meets Exceeds
Administrative Skillsahd'mraits" , Unacceptable Improvement Expectations
Expectations Outstanding
1 2 3 4 5
· Job Knowledge: Demonstrates knowledge of all
aspects of municipal government; and has working
knowledoe of state and federal government.
· Coordination: Ability to work with others as a
team and express individual viewpoint while
coordinatinQ and learninQ from the input of others.
· Planning and Organization: Establishes
appropriate course of action for self and
subordinates to accomplish goals; make proper
assignments of staff and appropriate use of
resources; sets realistic objectives with appropriate
time frames.
· Creativity: Identifies effective, efficien t, and
innovative solutions to problems,
· Operational Efficiency: Obtains the best
possible result for the resources expended,
· Honesty/Integrity: Is consistently open, honest,
straightforward and impartial.
· Adaptability: Responds positively and in a timely
manner to a changing local government and a
chanQinQ world and community.
· Initiative: Uses initiative to develop new
programs to meet the needs of the City or resolve
identified problems; implements or modifies
procedures and programs necessary to improve
oroanizational effectiveness and efficiency.
· Resiliency: Maintains energy and motivation in
spite of constant demands, handles stress well.
· Ethical Standards: Conforms to high standards
of the profession.
Comments:
(Continued on Next Page)
Page 3
Strengths, Weaknesses and Performance Objectives
Strengths: What do you feel are some of the City Manager's strongest attributes and finest accomplishments in the
last twelve (12) months?
Weaknesses: What areas of the City Manager's performance do you feel most needs improvement? Do you have
any suggestions for improvements in these areas?
New Objectives: List new priorities you would like to see addressed in the next year.
Name of Evaluator
Signature
Date
Page 4
Gu {..(lPOfL r
Name:
Position: City Manaqer
INSTRUCTIONS
Check the appropriate box next to each performance indicator on the attached evaluation
form. The Personnel Officer, using the following criteria, will calculate the evaluation
score and amount of merit raise:
SCORING KEY
Cateaorv Score
Below Standards 1
Meets Standards " 2
Above Standards ~ 3
...
Score Summary
Cate 0
Score
A. Relationshi
B.
C.
D.
Council
Guidelines for Merit Raises
Merit Cateaorv Score Rance Recommend Pav Increase
Unacceptable 1.00-1.90 0.0%
Acceptable 2.00 - 2.20 2.0%
2.21-2.40 2.5%
2.41 - 2.60 3.0%
OutstandinQ 2.61 - 2.80 3.5%
2.81 - 3.00 4.0%
- '!~v':::<~'r:,';'<",:);;h. :>-}
Offi~~j u ~e;~O n Iy
Recommended Merit Raise:
CITY OF GULFPORT
PERFORMANCE APPRAISAL SYSTEM
CITY MANAGER
A. Relationship with the Mayor and City Council RatinQ
1. Maintains effective communications, written and o Below Standards
verbal, to keep Council members informed of items o Meets Standards
and events they want and need to be aware of to o Above Standards
effectively represent the City.
~
2. Provides information to all Council members on an o Below Standards
equal basis. o Meets Standards
o Above Standards
3. Is readily available to Council members. o Below Standards
o Meets Standards
o Above Standards
4. Keeps Council members informed of the o Below Standards
Administration and staff's current and planned o Meets Standards
activities. o Above Standards
5. Plans, organizes, and presents materials for o Below Standards
consideration in a clear, comprehensive, and timely o Meets Standards
manner. o Above Standards
6. Effectively communicates with Council members o Below Standards
about their concerns and delegates, or follows o Meets Standards
through, to see that City departments implement o Above Standards
appropriate actions.
Comments:
'"'b"-tm' ''/r.~~;'- -',--',
' '>:i -' ' ':,~ y,.,' . @'...,. 's,'
~ffL::, "~,..,,,~g. ~DIM
B. Relationship with Emplovees Rating
1. Maintains positive employee-employer relations o Below Standards
and guides staff so they work towards common o Meets Standards
objectives o Above Standards
2. Effectively selects, trains, and organizes o Below Standards
employees. o Meets Standards
o Above Standards
3. Addresses personnel problems arid takes o Below Standards
appropriate action when warranted. o Meets Standards
o Above Standards
4. Maintains an atmosphere in which employees enjoy o Below Standards
working for the City. o Meets Standards
o Above Standards
Comments:
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C. Relationship with Public Ra tin q
1. Ensures that City employees who have public o Below Standards
contact demonstrate a perception, attitude, and o Meets Standards
feeling of helpfulness, courtesy and sensitivity. o Above Standards
2. Promotes a commitment to service and o Below Standards
professionalism. o Meets Standards
o Above Standards
9
3. Effectively deals with resident disputes or o Below Standards
complaints. o Meets Standards
o Above Standards
4. Maintains an acceptable level of visibility and o Below Standards
availability in the community. o Meets Standards
o Above Standards
5. Effectively represents the Council's positions and o Below Standards
policies among the public, giving sufficient credit to o Meets Standards
Council members, and assisting in promoting o Above Standards
Council members' visibility in the community.
Comments:
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O. Interqovernmental Relations Rating
1. Effectively and positively represents the City and its o Below Standards
interests with other governmental jurisdictions or o Meets Standards
agencies. o Above Standards
2. Maintains effective communications and o Below Standards
relationships with other governmental jurisdictions. o Meets Standards
o Above Standards
t
3. Keeps Council members advised of new and o Below Standards
pending legislation. o Meets Standards
o Above Standards
Comments:
~~i~'%1~
~~~~~;.II
E. Financial Management Rating
1. Plans, organizes, prepares, and presents the D Below Standards
annual budget with adequate documentation and D Meets Standards
support information to enable Council members to D Above Standards
make informed policy decisions.
2. Controls costs by economically using manpower, D Below Standards
materials, and equipment. D Meets Standards
D Above Standards
t
3. Provides Council members with sufficient D Below Standards
information on the City's current financial status. D Meets Standards
D Above Standards
4. Plans, organizes and administers the adopted D Below Standards
budget within approved revenues and D Meets Standards
expenditures. D Above Standards
Comments:
F. Organizational Management
1. Plans and organizes on-going service delivery
systems to assure efficient and effective services.
2. Plans, organizes, and follows through on work
assigned by the City Council so that it is completed
with dispatch and efficiency.
3. Plans and organizes work involved in researching
the City Council's program suggestions and
reporting the results of the analyses.
4. Maintains knowledge of current and innovative
trends, technologies, and systems applicable to
local governments and incorporate that knowledge
into program research and recommendations.
5. Plans and organizes responses to public requests
and complaints or areas of concern that are
brought to the City Manager's attention.
6. Anticipates and recognizes future needs and
problems and plans accordingly.
7. Plans and organizes for maximum utilization and
maintenance of City facilities and equipment.
Comments:
Rating
o Below Standards
o Meets Standards
o Above Standards
o Below Standards
o Meets Standards
o Above Standards
o Below Standards
o Meets Standards
o Above Standards
o Below Standards
o Meets Standards
o Above Standards
o Below Standards
o Meets Standards
o Above Standards
o Below Standards
o Meets Standards
o Above Standards
o Below Standards
o Meets Standards
o Above Standards
o
G. Personal Characteristics Rating
1. Imagination - Does the Manager demonstrate o Below Standards
initiative and creativity in dealing with issues or o Meets Standards
problems and create effective solutions? o Above Standards
2. Objectivity - Is the Manager open to the City o Below Standards
Council's new ideas and suggestions for change o Meets Standards
with a rational, objective viewpoint based on facts o Above Standards
and qualified opinions?
f-
3. Drive - Is the Manager energetic and willing to o Below Standards
spend the time necessary to do a good job and get o Meets Standards
the job done? o Above Standards
4. Decisiveness - Is the Manager able to reach timely o Below Standards
decisions and initiate action without being o Meets Standards
compulsive? o Above Standards
5. Attitude - Is the Manager enthusiastic, o Below Standards
cooperative, interested, and flexible when it comes o Meets Standards
to performing duties? o Above Standards
6. Firmness - Does the Manager have courage of o Below Standards
convictions, being firm when deciding on a course o Meets Standards
of action, but not stubborn? o Above Standards
7. Communications - Does the Manager exhibit the o Below Standards
proper skills to be easy to talk to; listen to what is o Meets Standards
being said; respond in a thoughtful, clear, and o Above Standards
focused manner?
Comments:
... "-'''~ii:~~ ~~""
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Employee Name:
Date Placed in Present Position:
Social Security #:
Period Covered: From:
To:
Position Title:
Date of Review:
Pay Grade & Code:
Name of Rater:
Department:
Title of Rater:
SECTION I: BEHAVIOR BASED PERFORMANCE RATING
This section allows you to objectively calculate the overall performance rating space of your employees by
measuring how results are achieved. Please list a rating of l, 2, 3, 4 or 5 based on the descriptions found in the
guideline booklet. Comments must be made on any rating score of 1,2 or 5; however, you are encouraged to write
comments on ratings 3 and 4.
BEHA VIORS RATINGS
1. ACCOUNTABILITY
2. COMMUNICATIONS
3. INNOVATION
4. INTERPERSONAL SKILLS
5. LEADERSHIP
6. PROBLEM SOLVING
7. TECHNOLOGY APPLICATION
8. DIVERSITY
9. MANAGING OTHERS (formal managers only)
SUBTOTAL (Sum of Ratings 1-9)
DIVIDE BY: (number of measures)
TOT AL SCORE (Sum of Ratings divided by number afbehaviars rated)
SECTION II: OBJECTIVE-BASED PERFORMANCE RATING
This section allows you to objectively calculate the overall performance rating of your employees by measuring
individual results. Please list each objective rated and a rating of 1,2,3,4, or 5 based on the descriptions found
in the guideline booklet. It is not necessary to list ten objectives, however ten spaces have been provided.
OBJECTIVES RATINGS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
TOTAL SCORE (Sum a/ratings divided by number a/objectives rated)
Signature
Supervisor
Date
Employee
Date
,
SECTION III. IMPROVEMENT AND DEVELOPMENT
(Comments required under each category)
Briefly describe those areas in which the employee's performance is best.
Briefly describe those areas in which the employee needs to enhance performance.
i
.
What is the employee doing to improve hislher own performance through professional development and formal
education? Include training, classes, education, etc. you would like the employee to attend in the coming year.
RA TER COMMENTS
Comment specifically on this individual' overall performance. Include in your comments how well the goals were
met, any additional assignments and/or relevant comments.
EMPLOYEE COMMENTS
(To be completed by employee) - Check box if no comments
SECTION IV.
OVERALL PERFORMANCE RATING
This section allows you to calculate the overall performance score by averaging the sum of the total score in
Section I and the total score in Section II.
+
Section I Score
2=
Total Score for Section II
Overall Performance Score
The above information has been reviewed with me as indicated by my signature:
6
Employee: Title Date
Rated By: Title Date
Reviewed By: Title Date
~o~
EXECUTIVE COMPENSATION PHILOSOPHY
For Executive Directors And Enterprise Officers
Compensation for Executive Directors and Enterprise Officers will be evaluated based upon a blend of
individual and team performance in four areas of excellence:
o Operational Excellence
o Leadership Excellence
o Community Building Excellence
o Boundary Crossing Excellence
The Nature of Our Work
Our work...
o in public service shall support the principles of democracy, be unquestionably ethical, and embrace
the ideal of human dignity
o shall be values-based, while structured with ev~nnore advanced and sophisticated leadership
competencies .
o shall build a cohesive and understood "leadership philosophy"
o shall be consultative (System 3) and participative (System 4)
o shall include the discipline of strategic customer value analysis (SCV A)
o shallguide and empower a holistic 'networked talent model'
o shall answer the seven diagnostic questions of the High Performance Organization (HPO)
Our Work of Operational Excellence
In a rapidly changing world, operational excellence is our baseline measure for strategically focused service
del ivery. Operational excellence...
o is defined as the highest possible level of professional, accountable, adaptable, and transparent
performance
o aligns and links community outcomes, enterprise objectives, core service objectives, business
processes. and process activities
o supports the high performance organization model of superb quality, customer value and financial
performance
o answers the diagnostic questions of the high-performance organization
Compensation Guidelines:
Base compensation will be a determination of a market rate of pay for similar positions as monitored
on a yearly basis. Compensation associated with annual performance reviews shall examine the
totality of individual and team operational excellence within the framework of the networked talent
model and consultative and participative work.
Based on these guidelines, each individual executive can have a salary adjustment ranging from -4%
to 2% of the prior year's base pay.
scgov
February 2005
Our Work of Leadership Excellence
Our goal is to fully utilize the passions, skills, competencies, management capabilities, leadership capacities,
and collaborative team efforts of all persons.
o We recognize our work ofleadership excellence as a journey
o We are guided by the principles ofthe networked talent model, and consultative (System 3) and
participative (System 4) relationships
o We understand how our roles change, as does the roles of others, from leader to manager, to technical
specialist to team member
o We are committed to personal skills development (self awareness), strategy, systems thinking, and
networked engagement
o Our success is team success
Compensation Guidelines:
The success of the strategic and tactical teams that we lead and mentor shall determine team annual
team bonus in a range of 0% to 5% of the prior year's base salary. In addition, the team shall be
eligible to receive a county-contributed deferred compensation payment equal to the IRS maximum
6
allowed under the 457 plan, payable in quarterfy contributions.
Our Work of Community Buildine Excellence
The pursuit of human dignity is the essential ideal of democracy. And within this essential ideal lies our true
broad purpose - to build community through the process leadership that is at our hands.
We are responsible for:
o a sense of place that people feel comfortable in
o a sense of ownership where everyone feels that their diverse opinions and cultures are valued
o a sense of history with respect for our sociological and natural heritage
o sustaining our community through the never ending balance of economic, environmental and social
factors
o guiding and building upon this ideal of democracy
o moving into the community with intent - that is the measure of this work
Compensation Guidelines:
Executives can receive individual annual bonus compensation in the range of
0% to 2% of prior year's base pay for successful performance in the work of community building
excellence.
Our Work Of Boundar V Crossine Excellence
An essential of leadership is the desire and ability to be a bridge between the diversity of peoples, cultures,
interests and ideas. Boundary crossing is a capability that enhances community building and organizational
evolution: It is a key to innovation, creativity, productive capacity and paradigm shifts. Boundary crossers
can better respond to the speed of change, can be flexible beyond the confines of organizational structure,
and can more quickly engage and align common interests. Being a facilitator, mentor, and coach are but a
few of the skills that support boundary crossing excellence.
Compensation Guidelines:
Executives can receive individual annual bonus compensation in the range of
0% to 1 % of prior year's base pay for effective boundary crossing excellence.
scgov
February 2005
Requested City Commission
Meeting Dates
D December 6, 2005
D December 20, 2005
D January 3, 2006
D January 17,2006
NATURE OF
AGENDA ITEM
KII. - LEGAL
ITEM A.I
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to Citv Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
November 14,2005 (Noon.)
D February 7,2006
[gJ
D
D
March 6, 2006 (Noon)
January 17, 2006 (Noon)
December 5, 2005 (Noon)
February 21 , 2006
February 6, 2006 (Noon)
December 19,2005 (Noon)
~ch 7, 2006
February 21, 2006 (Noon)
January 3, 2006 (Noon)
March 21, 2006
D Administrative
D Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
D Development Plans
D New Business
[gJ Legal
D Unfmished Business
D Presentation
RECOMMENDATION: Please place this request on the February 21,2006 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission approved this request on February 7th for Legal, Ordina:ijce -:;-~~, =-_~
First Reading. Staff forwards this proposed ordinance to the Commission in response to their desire to amend the Land .:-<.
Development Regulations to allow changes to be required to approved site plans as part of the Commission's appro.;;} ofa.< .
time extension request. For further details pertaining to this item, please see the accompanying draft ordinance that'fould~:,1
amend the Land Development Regulations, Chapter 4, Site Plan Review. Section 5. ' : ': ;
,.. .l~
) "' .
":'::.:1
'I
."'1 CD
." ~ -=- iil
EXPLANATION: Staff understands that this request from the Commission is to enable them to require mo4ificatl~
to an approved site plan, as a condition of the approval for a time extension. Staff also understands that the need for this
ability is based on fact that following site plan approval, codes or circumstances could change on which original approvals are
granted, thereby warranting re-examination of an approved project and the requirement for necessary modifications. Said
modifications to the approved plan would most likely be intended to improve compliance with city standards, regulations and
codes; address potential land use incompatibilities; and/or to address issues originally unidentified.
N/A
N/A
Not approve subject ordinance thereby maintaining status quo, or amend subject
ordinance as preferred by the City Commission.
D'V~;'''to, ~;gna"",
~g ~",.(o,,,cto, Cdy Attorn,y I 'man" I Human R,w",'"
S:\Planning\SHARED\ WP\SPECPROJ\Commission Items under Discussion\Agenda Item Request Revising Chpt 4 Site Plans Sec. 5 2nd reading 2-21-
06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
ORDINANCE NO. 06- (I I~
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
BOYNTON BEACH, REVISING CHAPTER 4, "SITE
PLANS" SECTION 5 TO PROVIDE FOR RIGHT OF
THE CITY COMMISSION TO REQUIRE
MODIFICATIONS TO AN APPROVED SITE PLAN
WHEN A REQUEST FOR EXTENSION HAS BEEN
REQUESTED; PROVIDING FOR CONFLICT,
SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission does hereby deem it to be appropriate and
in the best interests of the residents of the City of Boynton Beach to approve the amendments
to the Code as hereinafter set forth.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
ratified and confirmed by the City Commission.
Section 2.
Section 5 of Chapter 4, "Site Plans," of the Land Development
Regulations, Part III ofthe Code of Ordinances is amended as follows:
Sec. 5. Expiration of site plan.
Upon approval of a site plan by the City Commission, the applicant
shall have (1) year to secure a building permit from the development
department. If an applicant fails to secure a building permit in that time, all
previous approvals shall become null and void~, and the applicant Yill.Q
wishes to proceed '""ith development will be required to submit a new site plan
and application,,; provided howe'/or, aA clearing and grubbing permit shall not
constitute a building permit plaH-for site plan review purposes.
I.'\t its discretion, the City Commission, at its discretion, may efl€e
extend the approval of a site plan for an additional time period, not to exceeda
one-year~ period, _provided a request for extension is filed prior to the
S:\CA \Ordinances\Site Plan extensions (MR changes 122205).doc
expiration of the original one-year period. In granting such extensions the
City Commission may require modification to or impose additional conditions
on the site plan.to conform the site plan to current development standards.
Section 3.
Conflicting Ordinances.
All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to
the extent of such conflict.
Section 4.
Severability.
If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this Ordinance.
Section 5.
Inclusion in Code.
It is the intention of the City Commission of the City of Boynton Beach, Florida, that
the provisions of this Ordinance shall become and be made a part of the City of Boynton
Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or
relettered and the word "ordinance" may be changed to "section," "article," or such other
appropriate word or phrase in order to accomplish such intentions.
Section 6. Effective Date.
This Ordinance shall become effective immediately after adoption by the City
Commission.
S:ICA IOrdinanceslSite Plan extensions (MR changes 122205).doc
2
"'11.l L
FIRST READING this 'NJ day of rz:,/f/'tiA-/-'t.-[, 2006.
- I
SECOND, FINAL READING AND PASSAGE this _ day of
,2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
(City Seal)
S:\CA\OrdinanceslSite Plan extensions (MR changes 122205),doc
3
XlI. - LEGAL
ITEM A.2
1
2
3
4
5
6
7
8
9
10
11
12
ORDINANCE NO. 06_{)/~;f
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING SECTION 9-24(a) OF THE CODE OF
ORDINANCES CONCERNING FIRE FIGHTER AIR
SYSTEMS IN HIGH RISE BULDINGS; LIMITING
APPLICATION OF REGULATIONS TO HIGH RISE
BUILDINGS, AS DEFINED BY THE NATIONAL FIRE
PROTECTION ASSOCIATION; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
13
WHEREAS, the City Commission heretofore adopted Ordinance 04-005, codified as
14
Section 9-24 of the Code of Ordinances, requiring fire safety improvements for high rise
15
buildings; and
16
WHEREAS, Section 9-24a applies the regulations to buildings 75 feet or higher, in
17
all buildings of six or more stories used for human occupancy; and
18
WHEREAS, a high-rise building is defined by the National Fire Protection
19
Association (NFP A) as "a building greater than 75 ft (23m) in height where the building
20
height is measured from the lowest level of fire department vehicle access to the floor of the
21
highest occupiable story. (Life Safety Code 101:3.3.25.6).
22
WHEREAS, the City Commission has determined that the regulations should only
23
apply to high-rise buildings-.
24
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
25
THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
26
Section 1. The foregoing "Whereas" clauses are true and correct and incorporated
27
herein by reference.
28
Section 2.
Section 9-24(a) of the City of Boynton Beach Code of Ordinances is
29 hereby amended as follows:
1
2
3
4
5
6
7
8
9
(a)
Enforcement of application. The high-rise regulations set forth in this
section shall be enforced by the Fire Marshal. These regulations shall
apply to all high-rise buildings as defined by the National Fire
Protection Association (Life Safety Code 101:3.3.25.6)., 'Nhich have
floors used for human occupancy located seventy five (75) feet or more
above grade, and all buildin;s of six (6) or more stories used for human
occupancy.
Each and every other provision of the Land Development Regulations
10 not herein specifically amended, shall remain in full force and effect as originally adopted.
11
Section 3.
Section 4.
All laws and ordinances applying to the City of Boynton Beach in
12 conflict with any provisions of this ordinance are hereby repealed.
13
Section 5.
Should any section or provision of this Ordinance or any portion
14 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
15 affect the remainder of this Ordinance.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
16
17
Section 6.
Section 7.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately
['
FIRST READING this 1v'/J day of JI-.ee/tl4/.' 'I ,2006.
SECOND, FINAL READING AND PASSAGE this _ day of
ATTEST:
,2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
City Clerk