Agenda 08-07-01 i
The C ~ty of
100 E. Boynton Beach Boulevard (561) 742-6000
City Commission
AGENDA
AUGUST 7, 2001
Gerald Broening
Mayor
At Large
Ronald Weiland
Vice Mayor
District I
Mack McCray
Commissioner
District II
Mike Ferguson
District III
Charlie Fisher
Commissioner
District IV
Kurt Bressner
City Manager
DISTRI¢
:T !11
DISTRICT !
Visit our Web site
www.ci.boynton-beach.fl.us
THE AGENDA:
There is an
busil
item of busi~
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTIC:I:PATZON AT
CITY OF BOYNTON BEACH COMMISSION MEETI~NGS
ida for every meeting of the City Commissioners, which determines the order of
the meeting. The City Commission will not take action upon any matter, proposal, or
.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.
SPEAi~NG AT COMMISSION MEET[NGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item.
City Commission meetings are business meetings and, as such, the Commission retains the right to limit
discussion on an issue.
Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by
the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the~_~
meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has
begun.
· Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings".
· Public Audience: Any citizen may be heard concerning any matter within t~;~ scope of the jurisdiction of
the Commission.~ Please use the yellow colored card for matters not list~?- on the agenda. The Mayor
will call for speakers by name from the yellow cards provided by the City
· 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. Please use the green colored card for' matters listed on
the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk.
ADDRESSING THE COMMISSION:
When your name is called, please step up to either podium and state, for the record, your name and address.
DECORUI~I:
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 Commissio,
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, :t00 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).
August 7, 2001
CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
6:30 P,M,
I, OPENINGS:
A. Call to Order - Mayor Gerald Broening
B. Invocation - Evangelist .leanette Taylor, Community Deliverance Church
C. Pledge of Allegiance to the Flag led by Vice Mayor Weiland
D. IF YOU WISH TO ADDRESS THE COHHISSION:
FILL OUT THE APPROPRIATE REQUEST FORt4
GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "'OPENINGS"
PORTION OF THE AGENDA HAS BEEN COt4PLETED,
· COME TO THE PODIUIVl WHEN THE IVlAYOR CALLS YOUR NAPlE
INDIVIDUALS HAY SPEAK FOR THREE UNINTERRUPTED MINUTES,
E. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
PUBLIC AUDIENCE:
· rNDZV'rDUAL SPEAKERS WILL BE LIr4ZTED TO 3-MINUTE PRESENTATIONS
ITL OTH ER:
A. Informational Items by members of the City Commission
IV, ADMINISTRAI'~VE-'
A. Appointments to be made:
Appointment
To Be Made Board
Length of Term
Expiration Date
I Weiland Children & Youth Advisory Bd Stu/Reg/NonVoting 1 yr term to ~,/02
IV Fisher Bldg. Bd of Adj & Appeals Rag 3 yr term to 4/04
Mayor Broening Bldg. Bd of Adj & Appeals Alt 1 yr term to ~,/02
I Weiland Cemetery Board Alt 1 yr term to 4/02
(Tabled-2)
(Tabled-2)
(Tabled-2)
CZTY OF BOYNTON BEACH
AGENDA
REGULAR CZTY COMM?SSZON MEEI~NG
AUGUST 7~ 2001
I Weiland
III Ferguson
III Ferguson
!V Fisher
! Weiland
II McCray
II McCray
III Ferguson
V,
Code Corn pliance Board Alt
Community Relations Board Reg
Education Advisory Board Reg
Education Advisory Board Alt
Golf Course Advisory Committee Alt
Golf Course Advisory Committee Alt
Nuisance Abatement Board Alt
Senior Advisory Board Alt
I yr term to 4/02
3 yr term to 4/03
2 yr term to 4/03
1 yr term to 4/02
5 yr term to 6/06
5 yr term to 6/06
i yr term to 4/02
1 yr term to 4/02
(Tabled-2)
(Tabled-2)
(Tabled-2)
(Tabled-2)
(Tabled-2)
('l-abled-2)
(Tabled-2)
ANNOUNCEMENTS & PRESENTATZONS:
Am
Announcements:
1. Oceanfront Concert Sedes on August 17, 2001, 6-9 p.m. at Oceanfront
Park- Heidi and the El Cats (Acoustic Blues)
B. Presentations:
1. Proclamations:
V~. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
A. Minutes:
1. City Commission Meeting of .luly 3, 2001
m
Special City Commission Meeting of July 11, 2001
Special City Commission Meeting Regarding Fire Assessment - .luly 11,
2001
4. Agenda Preview Conference of .luly 12,' 2001
5. City Commission Meeting of .luly 17, 2001
2
CITY OF BOYNTON BEACH
AGENDA
REGULAR CITY COMMZSSZON MEET/NG
AUGUST 7, 200Z
Bids - Recommend Approval - All expenditures are approved in the 2000-2001
Adopted Budget
Award the "ROOF REPAIRS TO EAST WING OF C~I-Y HALL COMPLEX," Bid
#070-2511-01/KR, to Preventive Maintenance Support Services in the
amount of $20,300 (PROPOSED RESOLU'r~ON NO. ROZ-225)
Extend the dual award for the "ANNUAL CONTRACT FOR BACKFLOW
PREVENT[ON DEVICE INSPECTJ:ON AND TESTING SERVICES," Bid #088-
2821-00/KR, to Dee Maria Plumbing, Inc. and Service America Network,
Inc. for an estimated annual expenditure of $10,000 (New Bid #084-
2821-01/KR)
Approve utilizing GSA Contract #GS-03F-4079B to Security One Systems,
Inc. for the purchase of a surveillance security camera system for the-
library in the amount of $23,238.47
Resolutions:
Proposed Resolution No. R01-226 Re: Approving
Commercial Material Purchase Agreement between the Solid Waste
Authority and the City of Boynton Beach for recycled material
Proposed Resolution No, ROZ-227 Re: Approving and
executing by Resolution Task Order #01-09 with Utilities General
Engineering Consultants CH2M Hill in the amount of $21,215 for
engineering services for the repair of production Wells #15 and #16,
investigation and possible modifications for production Well #10, and
provide technical specificaUons for ongoing well rehabilitation and
maintenance services
Proposed Resolution No. R01-228 Re: Approving full
release of surety, in the amount of $1,375, for the project known as Hess
Station at Hypoluxo Road and High Ridge Road, and the refunding of this
amount to the developer
Proposed Resolution No. R01-229 Re: Ratification of
South Central Regional Wastewater Treatment and Disposal Board action
of July 19, 2001:
Authorization to Enter into an Interlocal Agreement with the Solid
Waste Authority and to Expend $156,500 from the Repair &
Replacement Fund to Pay SCRWT&DB Share of Design and
Permitting Phase of the Biosolids PelliUzaUon Project
cTrY OF BOYNTON BEACH
AGENDA
REGULAR cTrY COMMZSSTON MEET]:NG
AUGUST 7, 2001
Authorization to Establish Wastewater User Rate to Cities for
Fiscal Year 2001/2002 as follows:
Operations & Maintenance
Reserves
Total
2001/2002
$0.575/1,000 GAL
$0.150/1,000 GAL
$0.725/1,000 GAL
Authorization for Acceptance of 2001/2002 Wastewater and
Reclaim O & M Budgets and Wastewater Repair and Replacement
Expenditures (Sinking Fund)
d. Authorization for Acceptance of 2001/2002 Organizational Chart
Proposed Resolution No. R01-230 Re: Approving a
proposal from Madsen, Kneppers & Associates, Inc. for pre-litigation
support services in the matter of the City of Boynton Beach adv. Smith &
Co., Inc.
Ratification of Planning & Development Board Action:
Marie Premier - 1521 NE 2nd Street (Lot #41, Block 17, First Addition to
Rolling Green Subdivision) - Request relief from the City of Boynton
Beach Land Development Regulations, -' Chapter 2, Zoning, Sec. 4.B,
requiring a minimum rear setback of twenty-five (25) feet, to allow a
16.58 foot variance and an 8.42 rear yard setback for a tool shed on a R-
1-A zoned parcel (TH~ PZANN~NG AND Ob"V££OPM~NT BOARD~
~H A UNANZMOU~ VOT~ R~COMM~NO~O THA~ THZ~
R~QU~ B~ D~N~O OU~ TO ~CK OF HARDSH~P)
Quantum Lots 73-A - 76 - Request to construct a one-story, 196,486
square foot office/warehouse building on a 13.75-acre parcel. Of the
total building area, 39,297 square feet or 19.9% will be allocated for
office use
Hotel Apartment Definition/Candlewood Tower Plaza, Northeast corner of
Congress Avenue & SW 30t~ Avenue - Request to amend the Land
Development Regulations, Chapter 1, Article 2 "Definitions" by amending
the definition for a "Hotel Apartment" to eliminate the maximum
percentage of apartment suites allowed (,4PPZ~rC_,,4/70~V HAS
~vZ'rHDRA V~N B YAPPI.~CANT)
Approve the donation of $1,000 from the Law Enforcement Trust Fund to Florida
Missing Children
4
CZTY OF BOYNTON BEACH
AGENDA
REGULAR CZ'TY COMMI'SSI'ON MEETZNG
AUGUST 7, 2001
VII.
V~I.
Approve the purchase from Sirchie Fingerprint Labs an evidence drying cabinet in
the amount of $5,165 from the Federal Treasury Forfeiture Fund
Approve the expenditure of $36,083.75 to Software House International for
additional Microsoft licenses via State Contract No. 255-001-00-1
Approve Change Order #! for the Fuel Island Additions and Upgrades project in
the amount of $11,40~.32 to Glasgow Equipment Services
Approve the use of Community Development (CDBG) funds in the amount of
$30,000 to reimburse Bob Katz, owner of Booker T's Restaurant located at !!9
N.E. :LOth Avenue, a.k.a. M~-rtin Luther King, Jr. Boulevard
Approve purchase from Champions Solutions Group of a RISC 6000 computer
hardware system in the amount of $43,136
Approve the "sole source" purchase of a Front Royal (4L) Street Clock from The
Verdin Company at a cost of $19,535
Approve Addendum to Letter of Appointment for Jeffrey R. Livergood, Public
Works Director, and authorize the City Manager to execute the Addendum
Approve Addendum to Appointment Contract for William Bingham, Director of
Fire Services, and authorize the City Manager to execute the Addendum
Approve Addendum to Appointment Contract for Quintus L. Greene, Director of
Development for the City of Boynton Beach, and authorize the City Manager to
execute the Addendum
Approve Addendum to Appointment Contract for Wayne Segal, Director of Media
and Public Communications for the City of Boynton Beach, and authorize the City
Manager to execute the Addendum
Approve the additional payment of engineering and inspection fees in the
amount of $27,989 to Post Buckley Schuh & .]ernigan for the Gateway Boulevard
Roadway Improvement Project
CZTY MANAGER'S REPORT:
PUBLI'C HEAR.ING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMZ'i'S
Public hearing and adoption of the City of Boynton Beach's 2001/2002
Community Development Block Grant (CDBG) One-Year Action Plan
(PROPOSED RESOLUTION NO, R01-231)
CI'TY OF BOYNTON BEACH
AGENDA
REGULAR cI'rY COMMISSI'ON MEE1/NG
AUGUST 7, 2001
Project:
Agent
Owner:
Location:
Description:
Sprint Cellular Tower/Hester Park
.]ulio Dumas
City of Boynton Beach
1901 Seacrest Boulevard
Request for conditional use approval for a 144-foot high monopole
telecommunications tower with co-location capability on a 1,800
square foot lease parcel at Hester Park
Project:
Agent:
Owner:
Location:
Description:
Palm Walk ACLF
Lewis Feldman
Ann Feldman
108 SW 19t~ Avenue
Request for conditional use/site plan approval to construct a 48-
unit Congregate Care Facility on approximately 2 acres of property
located on SW 19t~ Avenue, approximately 100 feet east of
Congress Avenue (REQUEST FOR POSTPONEMENT UNIX£
CZ'fY COMMXSS~TON MEE=iXNG OF SEPTEMBER 4~ 2001)
Project:
Agent:
Owner:
Location:
Description:
Villas at Quantum Lake
Hark Hanson
Villas at Quantum Lake Corporation
Quantum Lakes Drive @ Quantum Boulevard
Request for abandonment of a twelve (127 foot drainage
easement between Lots 59 and 60 of Quantum Park at Boynton
Beach Plat No.6
Proiect: Candlewood Tower Plaza
(APPIZCA 1XON HAS BEEN WZTHDRA WN B YAPPIZCANT)
Agent: William Thomas
Owner: Estelle Blumberg & Mega Mini Co. Ltd.
Location: Northeast corner of Congress Avenue & SW 30~ Avenue
Description: Request to reclassify _+4.41 acres of vacant property from
Industrial (I) to Local Retail Commercial (LRC) and rezone from
Ught Tndustdal (M-l) to Community Commercial (C-3) in
connection with the development of a hotel, office/retail and
stand-alone restaurant
FUTURE AGENDA I'TEMS:
Policy on City Commission participation at Commission meetings via telephone
(August 21, 2001)
prOposed Resolution No. R01-216 Re: Authorizing funding
from Palm Beach County for Addition to Boat Club Park (September 4, 2001)
(Tabled on .luly 3~ 200~)
6
CITY OF BOYNTON BEACH
AGENDA
REGULAR C1TY COMM'rSS'rON MEETING
AUGUST 7~ 2001
Xm
XZ.
DEVELOPMENT PLANS:
None
NEW BUSINESS:
A.
Presentation by Alison Adler, Palm Beach County Safe Schools (September 4,
2OOl)
Review of City Noise Regulations (September 19, 2001)
Project Team Reports (from 55 Strategic Initiatives):
1. 1.2 Arts Commission Project (September 19, 2001)
Report on ordinance changes for Advisory Board attendance and conduct
standards (September 19, 2001)
Traffic Calming and Traffic Control Final Report (October 2, 2001)
Redevelopment Code issues for non-conforming lots and buildings in commercial
areas (November 2001)
FRA Whistle Ban - Report (December 4, 2001)
Authorization for City Manager to prepare letter of request to Palm 8each County
School Board to be involved in discussion of boundary committee formation
Authorization for City Manager to prepare letter of request to Metropolitan
Planning Organization regarding noise abatement and bridge structure
reconstruction for Tri-Rail Line expansion
LEGAL:
A. Ordinances - 2nd Reading - PUBI_IC HEARING
Proposed Ordinance No. 01-44 Re: Rezoning of ±5.054
acres of property from R-3, Multiple-family Dwelling, to Planned Unit
Development with a Land Use Intensity of 7.0 (PUD LUI:7.0)
Proposed Ordinance No. 01-45 Re: Amending the City of
Boynton Beach Land Development Regulations, Chapter 2, Zoning, to
allow cosmetology schools as conditional uses in the C-3 zoning district,
and to add a definition for cosmetology and barber schools
CITY OF BOYNTON BEACH
AGENDA
REGULAR CITY COMMISSION MEETING
AUGUST 7, 2001
Proposed Ordinance No. 01-46
Ordinance
Re: Firefighters Buyback
Proposed Ordinance No. 01-47 Re: Amending Chapter 23
of the Land Development Regulations providing for separate parking lot
standards for the Community Redevelopment Area
Ordinances- Ist Reading
Proposed Ordinance No. 01-48 Re:
Chapter 2 of the Land Development Regulations
requirements applicable to non-conforming lots
Amending
reducing the
C. Resolutions:
None
D. Other:
None
XIII.
UNFINISHED BUSINESS:
A. Consideration of Revision to the Guidelines ~for Distribution
Tnvestment Funds (Proposed ResoluUon No. R01-232)
of Community
XIV. AD3OURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MA*I-rER 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 AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL 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 ]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACI-IVI'rY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
bg FINAL AGENDA 08/03/2001 9:55 AM
j:\SHRDATA\CC\WP\CCAGENDA~AGENDAS\YEAR 2001\080701 FINAL AGENDA.DOC
8
V.ANNOUNCEI~tENTS & PRESENTATZONS
~,TE~ A. 1
City of Boynton Beach
Concert Series
(Formerly Known As "Tunes in Town" or "T.N.T." Concerts)
6:00 - 9:00 p.m.
Boynton Beach Oceanfront Park
A-l-A, Just North of Ocean Avenue
The Oceanfront Concert Series Takes Place on the Third Friday of the Month,
Eleven Months of the Yeart (En~oy the Boynton Beach G.A.L.A. in March)
Get Your Family and Friends Together For a Fun-filled Friday Evening
of FREE Live Entertainment at the Beach! Bring Your Blanket or Lawn
Chair for an Evening Full of Dancing, Socializing, Delicious Food and
Cold Beverages (and a Special Beer Garden for Adults - ages 21 & Over)!
.... · "'"-ion" "The Trytones"
June 15t' Baffle of the Bano. s' ~' 2 ___..,,
and "identitY Crisis" (Teen c;once~l
July 20t' Straight Shooter (country)
August 17t' He~di and The El Cats (Acoustic Blues)
September 21't Island Heat (Calypso/Soca)
October 19t' The Scharff Brothers Band (Pop/Rock)
A City o! Boynton Beach Recreation Department Special Event
For More Information, Please Call the Special Events Office at 561-742-6222
Requested City Cornnli~n_s~._ Date Final Form Must be Turned
Meeting Dates in to CiW Clerk's Office
[] July 17, 2001
[] August 7, 2001
[] August 21, 2001
[] September 4, 2001
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October 2, 2001
[] October 16, 200l
VT.-CONSENT AGENDA
ITEM B.1
Date Final Form Must l~oTum~
in to Cit~ Clerk's Office
Septemb~ 5, 2001 (5:~.m.)~
September 20,2001 (5~p.~
Octob~ 3, 2001 (5:00 p.m.)
[] November 6, 2001
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfmished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: A motion to award the "ROOF REPAIRS TO EAST WING OF CITY HALL
COMPLEX", Bid #070-2511-01/KR, to Preventive Maintenance Support Services in the amount of
$20,300.00. - -
EXPLANATION: On June 26, 2001, Procurement Services received and tabulated three O) proposals for the roof
repairs to the East Wing of the City Hall Complex. The proposals have been reviewed and it was determined that
Preventive Maintenance Support SerVices of Boca Raton, Florida is the lowest, most responsive, responsible bidder
who meets all specifications. Jeffrey Livergood, Public Works Director, and Richard Fie#e, Facilities Management
Supervisor, concur with this recommendation (see attached Memo #01-056).
PROGRAM IMPACT: The purpose of this bid was to secure a roofing contractor to perform roof repairs to the
upper and lower levels of the East Wing at the City Hall Complex.
BUDGET ACCOUNT/NAME
Building Improvements
001-2511-519-62.01
FISCAL IMPACT:
Department Head's Signature
Procurement Services
Department Name
BUDGETED AMOUNT
City Manager's Signature
y / Finance / Human Resources
cc: Jeffrey Livergood, Public Works Director
Richard Fiege, Facilities Management Supervisor
File
S:XBULLETINWORMS~,AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R 01-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OF A BID (NO. 070-2511-01/KR) TO
PREVENTIVE MAINTENANCE SUPPORT SERVICES,
FOR' ROOF REPAIRS TO EAST ~G OF CITY HALL
COMPLEX, IN THE AMOUNT OF $20,300;
AUTHORIZING THE SAID
CONTRACT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Procurement Services received and opened Bids for the above
mentioned project on June 26, 2001, and it was determined that Preventive Maintenance
Support Services was the most responsive bidder who met and exceeded all
specifications;
NOW, THEREFORE, BE IT RESOLVED BY THrE' CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT.
Section 1. The City Commission of the City of Boynton Beach, Florida,
~tereby approves the award of a bid for roof repairs to the East Wing of City Hall
Complex in the amount of $20,300, to Preventive Maintenance Support Services and
authorizes the Mayor to execute a Contract between the parties, a copy of which is
attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS
day of August, 2001.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner'
Commissioner
Commissioner
~TTEST:
City Clerk
s:R~o~B/d Aw~d~IVAC061201
MEMORANDUM
TO: JANET PRAINITO DATE:
CITY CLERK
FROM: KAREN T. SELE SUBJECT:
BUYER
JULY 13, 2001
ORIGINAL CONTRACT
"ROOF REPAIRS TO EAST WING OF CITY HALL COMPLEX"
BID #070-2511-01/KR
Attached please find the original Contract for Preventive Maintenance Support Services. A copy
has been sent to Rosemare Lamanna in the City Attorney's Office for the preparation of a
resolution. This bid is on the Commission Meeting of August 7, 2001.
Thank you for your assistance, if you have any questions, please contact this office at 6322.
/ktr
Attachments
cc: File
MEMO DUM
TO: ROSEMARIE L~A DATE: JULY 13, 2001
CITY ATTORNEY'S OFFICE
KAREN RISELEYg 0~/[~)
BUYER ~ x,~
FROM:
SUBJECT:
PREPARATION OF
RESOLUTION
"ROOF REPAIRS TO EAST WING AT CITY HALL COMPLEX"
BID #070-2511-01/KR
Attached you will find a copy of the CONTRACT relating to the bid referenced above. The
original contract has been sent to the City Clerk's Office, attached to the Agenda Memo for the
Commission Meeting of August 7, 2001.
Please prepare the Resolution necessary for the execution of this contract.
Thank you for your assistance, if you have any questions, please contact this office at 6322.
/ktr
Attachments
cc: City Clerk's Office
File
CONTRACT
THIS AGREEMENT, made and entered into this day of ., A.D.
20 ~, by and be~[3v~ee_n the CITY OF BOYNTON BEACH, a municipal corporation of Florida,
hereinafter called'th~ "City" and Preventive Maintenance Support Services.
a Florida Corporation (__~/_)
a Florida General Partnership ( )
a Florida Limited Partnership ( )
a Sole Proprietor ( )
Check One
hereinafter called "CONTRACTOW'.
WlTNESSETH
That under the due procedure of law, bids were heretofore received by the City Commission of
said City for the performance of work and supplying materials, hereinafter described, and said
Commission having canvassed said bids, had determined that the bid in the total amount of
Twenty_ thonsand~ three hundred dollars and no cents, submitted by the aforementioned
CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution
of this contract.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
1.0 AGREEMENT
1.1
The CITY does award the contract to and does hire and employ the
CONTRACTOR and the CONTRACTOR does accept the award, predicated upon
the bid of the CONTRACTOR, dated June 11, 2001, which is hereby
incorporated by reference into this agreement, and the CONTRACTOR does
agree to furnish the necessary labor, tools, equipment, materials and supplies, etc.,
and to perform all the work provided in the bid, contract documents, bond
documents, plans and specifications for:
Bid Title:
Bid Number:
ROOF REPAIRS
HALL COMPLEX
070-2511-01/KR
TO EAST WING AT CITY
City of Boynton Beach, Florida, all of which are incorporated herein by reference
at such unit prices/or lump sum prices as specified in CONTRACTOR'S bid
totaling $ 20,300.00.
C-1
2.0
SCOPE OF SERVICES
2.1
2.2
2.3
2.4
2.5
2.6
2.7
CONTRACTOR further agrees to furnish all materials, supplies, machines,
equipment, tools, superintendents, labor, insurance, and other accessories and
se _r~.¢s necessary to complete said project in accordance with the conditions and
prices as Stated in conditions, and
special contract, plans which include all maps, platS, blueprints,
and other drawings and printed or written explanatory matter thereof' as contained
in the bid, contract documents and specifications for the project.
All the work and labor performed under this contract, shall be
of the material furnished shall be, in strict conformity with s~
specifications, and CONTRACTOR accepts and consents to: .the
contained in said plans
every requirement
contracting to do said work.
and all
plans and
conditions
The CONTRACTOR further agrees to furnish all tOols, equipment, materials and
supplies and to do all the Work above mentioned in a first-Class, substantial and
workmanlike
the office of the ~
specifications,
made a part of thh
and City Engineer of the
which may be given
accordance with the
and plans which are hereby referred, to and
well as to the Commission
City, and in~ tireCtions
and
for the prices herein plainly set forth.
Upon receipt of written notification from the CITY, to correct any defective or
faulty work or materials which may appear within one (1) year after completion of
the contract and receipt of final payment. CONTRACTOR shall make the
necessary corrections within ten (10) days of reCeipt of the written notice.
To comply with the provisions of Section 255.05, Florida Statutes, if applicable.
To pay promptly, before final settlement, any and all .claims or liens incurred in
and about this work. Furnish release of liens forms from all subcontractors and
suppliers of materials. Forms to be supplied by CITY.
The CONTRACTOR shall remove and clean up all rubbish, debris, excess
material, temporary structures, tools and equipment from streets, alleys, parkways
and adjacent .property that may have been used or worked on by the
CONTRACTOR in connection with the project promptly as such section or
portion is completed and ready for use, leaving the same in a neat and presentable
condition.
C-2
3.0
2.8
2.9
Payment of monthly or partial estimates may be withheld until this has been done
to the satisfaction of the City Engineer. Final acceptance and payment for the
entire project wilt not be made until the site is satisfactory to the CITY.
Th_e_~C_ONTRACTOR shall at all times observe and comply with the provisions of
th~-iharter, ordinances, codes and regulations of the City of Boynton Beach,
Florida.
Upon completion of the work, the City Engineer shall satisfy himself, by
examination and test, that the work has been fully completed in accordance with
the plans, specifications and contract documents. When the City Engineer is so
satisfied, he shall recommend acceptance thereof to the City Manager, who shall,
if he agrees with such recommendation, present the final payment application to
City. Commission for review and vote to formally accept the project. The right of
general .supervision of the CITY as hereinafter provided under "authority of the
engineer" shall not make the CONTRACTOR an agent or employee of the CITY,
but the CONTRACTOR, shall at all times, and m all respects have the rights and
liabilities of an independent contractor.
2.10
After the cleaning up of the work, premises, streets, alleys, manholes, catch
basins, or other areas of structure in anyway connected with the performance of
the contract, the Work as a whole: shall be inspected by the City Engineer, and any
workmanship or material found not meeting the requirements of the specifications
shall be removed by or at the expense of the CONTRACTOR and good and
satisfactory workmanship or material substituted therefor. All settlement, defects
or damage upon any part of the work shall be remedied and made good by the
CONTRACTOR.
2.11
The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own. cost any damage or injury occurring from any
cause.
COMMENCEMENT OF WORK
3.1
CONTRACTOR hereby agrees to commence work under this contract on or
before a date to be specified in the written "Notice to P~roceed" of the CITY and to
fully complete the project within 60 days following the commencement date as
specified in same.
C-3
3.2
Time is the essence of the contract; In the event the CONTRACTOR shall fail in
the performance of the work specified and required m be performed within the
time limit set forth in the contract, after due allowance for any extension or
extensions of time made in accordance with herein before set forth, the
and not as
Paragraph
24, or in other that the
CONTRACTOR shall
The CITY shall
due, or that may
amoullt
to collect .such liquidated
4.0
5.0
3.3
of
:after signature of contract, notify
parts
Shall not employ
ect to as incompetent or as
LIQUIDATED DAMAGES
4.1
The CONTRACTOR further agrees to pay $250.00 per day as liquidated
damages, for failure to begin within :ten (10) days of "Notice to Proceed" or
failure to complete the work within 60 calendar days from the: commencement
date to be indicated in the written "Notice to Proceed".
PROTECTION OF EXISTING FACILITIES
5.1
The CONTRACTOR warrants that prices include the protection and continuous
use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard
rails and other construction encountered, and the prompt repairing of any damage
done to them during the progress of the work, or from insufficient support
thereafter; also all the filling, backfilling, tamping, ramming, puddling and
consolidating; the removal and disposal of all rubbish and surplus material; also
all pumping bailing draining or unwatering of all excavations, incidental to the
execution of the work; also the furnishing of all necessary labor, tools, equipment,
materials and supplies, etc. and the performance of the whole work mentioned in
the detailed plans and specifications necessary to give a finished result, and
including all expense incurred in or in consequence of the suspension or
discontinuance of the said work specified and a faithful compliance With each and
every one of the requirements of the contract and for the maintenance of the entire
work and construction in good condition and repair until final acceptance.
C-4
5.2
The CONTRACTOR shall assume full responsibility and expense for the
protection of all public and private property, structures, water mains, sewers,
utilities, etc., both above and below ground, at or near the site or sites of the work
being performed under the contract, or .which are in any manner affected by the
gr.._oseg~ution of the work or the transportation of men and materials in connection
therewith. The CONTRACTOR shall give reasonable written notice in advance to
the: department of the CITY having charge of any property or utilities 'owned by
the CITY and to other owner or owners of public or private property or utilities
when they shall be affected by the work to be performed under the contract, and
shall make all necessary arrangements with such department, departments, owner
or owners for the removal and replacement or protection of such property or
utilities.
6.0 INDEM1NIFICATION
6.1
The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance of
services' under this Agreement.
6.2
CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind. and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attQmey's and appellate attorney's
fees) of whatsoever kind or nature for damages to persons or property caused in
whole or in part by any act, omission, or default of the CITY, its agents, servants
or employees arising from this contract or its performance. The CONTRACTOR
and the CITY hereby agree and covenant that the CONTRACTOR has
incorporated in this original bid, which constitutes the contract sum payable by
the CITY to the CONTRACTOR, specific additional consideration sufficient to
support this obligation of indemnification provided for in this paragraph. It is the
CITY'S and CONTRACTOR'S full intention that this provision shall be
enforceable and said provision shall be in compliance with Florida Statute 725.06.
6.3
The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in Attachment "A" herein.
However, the indemnification provision, and the insurance provision contained in
this Contract are not interdependent of each other, each one is separate and
distinct from the other.
6.4
The obligation.of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
C-5
7.0
8.0
PAYMENT BY CITY
7.1
The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the
,Sp~c~i~cations.
CHANGES IN T~ WORK
8.1
the Contract, may order extra work or make
deducting from the work, the Contract stun
such work shall: be executed under the conditions
of the original Contract. Any claim for extension of time caused thereby shall be
made in writing at the time such change is ordered.
8.2
All change orders and adjustments shall be in writing and approved by the City
Manager or City Commission if required, otherwise, no claim for extras will be
allowed.
8.3
The General Contractor and all of his subcontractors shall be apprised of, and
familiar with, the following conditions and procedures governing extra work
under the Contract:
8.3.1
Any change order has to be recommended by the City Manager and
officially approved by the City Commission before any steps are taken to
implement the change order.
8.3.2
Should the CONTRACTOR or any of his subcontractors commence with
the work without making a claim in writing for unforeseen extra work he
encounters, it will be construed as an acceptance and agreement by him
that any such work is required under the contract and no future claim for
extras will be considered or allowed by the CITY.
8.3.3
No claim for extra work will be allowed unless and until authority for
same by written Change Order has been obtained from the City Manager
or the City Commission of Boynton Beach, if necessary, which
authorization will be signed by the Mayor.
8.3.4
Changes in the work directed in writing by the CITY'S Representative
under the following procedures shall become a part of the Contract by a
written Change Order.
8.3.5
Information regarding changes in the work involving claims to the CITY
for additional work, credits, and/or adjustments under the contract shall be
promptly transmitted in writing by the General CONTRACTOR to the
CITY'S Representative with full explanations and justifications for his
consideration in preparing a Change Order to the Contract.
C-6
--~]F~
8.4
The value of any change ordered under the Contract for extra work and/or any
reductions in work required, shall be determined under one or more of the
following procedures before a written Change Order is issued:
8.4.1
By such applicable unit prices, if any, as are set forth in the Contract
except in those cases where increases in quantities exceed fifteen (15)
percent of the original bid quantity and the total dollar change of that bid
item is significant in the opinion of the Engineer, the unit price shall be
subject to review to determine if a new unit price should be negotiated; or
8.4.2 If no such unit prices are set forth, then by a lump sum or other unit prices
mutually agreed Upon by the CITY and the CONTRACTOR; or
8.4.3
and profit. For all
operations,
wages to be agreed
hour said labor and
of total cost and
By cost reimbursement, which is the actual cost for labor, direct overhead,
materials, supplies, equipment and other services necessary to complete
the work plus fifteen (15)Percent to cover the cost of general overhead
and foreman in direct charge of the authorized
receive the current local rate of
before starting such work, for each
actually engaged thereon. An upper limit
shall be agreed upon and shall not be exceeded
unless approved by the CITY.
8.4.3.1 The
to enable
reasonableness
and eli
'~ shall submit sufficient cost and pricing data
Engineer to determine the necessity and
costs and amounts proposed and the allowability
costs proposed.
8.4.3.2 The CONTRACTOR shall have an accounting system which
accounts for such Costs in accordance with generally accepted
accounting principles. This system shall provide for the
identification, accumulation and segregation of allowable and
unallowable ChangeiOrder costs.
8.4.3.3 Where it is indicated that the Contract is Federally or State
assisted, the CONTRACTOR'S attention is directed to the
applicable roles and regulations relative to cost principles which
must be used for the determination and allowability of costs under
grant.
8.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed
forty (40) percent of direct labor costs.
C-7
8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general
overhead and profit: in the aggregate exceed fifteen (15) percent of
the total cost of direct labor, fringe benefits, direct overhead,
materials, supplies, equipment and directly related services
considered as general overhead
md
9.0
8.4.3.6 In ~g
cost not
including
8.4.3.7 For special
concrete mixers,
for
price.
the~
rates
be
r such as power driven pumps,
or other equipment, required
authorized work, the
the agreed rental
and the actual time of its use on
e shall not exceed the current
Guide Book Company in the
Rate shall
8.4.3.8
Records of extra
day by the
shal
and :that done ~
accepted
CONTRACTOR
shall be reviewed at the end of each
and the Engineer. Such daily records
he work done under the contract
Order. Duplicate copies of the
be made, signed by the
and one copy retained by each.
8.5
Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported :by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No claim for: extra work shall be allowed unless that same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
PROJECT ENGINEER
9.1 The project engineer shall be Richard Fiege, Facilities Management Supervisor.
9.2
The Engineer shall have general supervision and direction of the work. The
Engineer is the agent of the CITY only to the extent provided in the contract
documents and when in special instances he has the authority by CITY to act, and
in such instances he shall, upon request, show CONTRACTOR written authority.
He has authority to stop the work whenever such stoppage may be necessary to
insure the proper execution of the contract.
C-8
10.0
11.0
9.3
As the Engineer is, in the first instance, the interpreter of the conditions of the
contract and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his power under the contract to enforce its
f~aith~_~.~. 1 performance by both.
INSURANCE
10.1
The CONTRACTOR shall maintain during the term of this contract commercial
liability~ motor vehicle, and property damage insurance, acceptable to the CITY,
covering the work contracted and all operations connected herewith, and
whenever any of the work in the~ contract is to be sublet, CONTRACTOR'S
contingent or protective liability and property damage insurance. Such insurance
shall provide limits not less than those set forth on the insurance requirement
schedule' attached as Attachment "A".
10.2
Required insurance shall be
provideS that the CITY of
days in advance, of
to fitmish policies if Certificate
in a certificate of insurance which
· Beach shall be notified at least fifteen (15)
or adverse change. Contractor agrees
is not acceptable.
10.3
The
generation ot' loud,
pertain to prevention
unusual
except
emergency.
all necessary precautions to prevent th~
ise in conjunction with his operations at the
used with construction equipment shall be
by the Code of the City of Boynton Beach,
all requirements of this Code as they
pile driver, excavating or other construction
the use of which is attend by loud or
the hours of 6:00 P.M. and 7:00 A.M.,
the City Manager, and then only in case of
GUARANTEE ~ WARRANTIES
11.1
All the work shall be guaranteed tO remal in good condition for one year from
date of acceptance.
C_9¸
12.0
TERMINATION OF CONTRACT
12.1
If the work to be performed under the contract is assigned by the CONTRACTOR
other than provided for herein; if the CONTRACTOR should be adjudged as
b~__an~xu~_pt; if a general assignment of his assets .be made for the benefit of his
C~i~}Jrs; if a receiver r of his
property; if at any time writing to the. City Manager
that the performance {
or that
or
of
the for its
or
if the CONTRACTOR
Manager,
in such
the City Manager
the
contract.
12.1.1 Complete the contract
12.1.2 Obtain ~ bid or bids
terms and conditions,
the lowest
though there should be:a
contract or contracts or
sufficient funds to pay the
contract price; but not
which the Surety may
paragraph hereof. The
paragraph, shall mean the total
CONTRACTOR under the
amount properly paid by CITY to
contract
amOunt
or
with its
CITY of
(even
under the
paragraph)
of the
for
in the first
[ in this
CITY to
less the
C-10
13.0
14.0
15.0
CONTRACT CONTROLS
13.1
The subject contract between the CITY and the CONTRACTOR shall supersede
any and all documents executed between the parties relative to the project. In the
eyOnl,..~of any inconsistencies, the terms, provisions and conditions set forth in the
subject contract shall supersede all other documents and shall be controlling.
TIME OF ESSENCE
14.1
Inasmuch as the provisions hereof, and of the plans and specifications herein, and
of all the other contract documents relating to the times of performance and
completion of the work are for the purpose of enabling the CITY to complete the
construction of a public improvement in accordance with a predetermined
program, all such time limits are of the essence of the contract.
REMEDY FOR DELAY
15.1
In the event of any delay in the project caused by any act or omission of the
CITY, its agents or employees, by the act or omission of any other party, or delay
caused by weather conditions or unavailability of materials, the sole remedy
available to CONTRACTOR shall be by extension of the time allocated to
complete the project. No monetary damages shall be claimed or awarded to
CONTRACTOR in association with any delay in the project caused by an act or
omission of the CITY, its agents or employees.
15.2
Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.3
All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction
15.4
For the purpose of this section the phrase "the CITY, its agents and employees"
shall-include but shall not be limited to the architect, project manager and
consulting engineers.
C-Il
IN WITNESS WltEREOF, the CITY has caused these presents to be signed by its
Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and wimessed
in the presence off
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Attest:
Approved as to Form:
City Clerk
City Attomey
Signed, sealed and wimessed
in the presence off
Contractor
President or the Vice President
Attest as to Contractor
C-12
State of Florida )
) SS:
County of Palm Beach
On this __ day of ; 20___._, personally appeared before me duly authorized
to administer oaths to me known to be
the persons described herein and who executed the foregoing instrument and have acknowledged
before me and they have executed same.
Notary Public
My Commission Expires:
11/15/96 nc
C-13
TO:
FROM:
DATE:
SUBJECT:
PUBLIC WORKS DEPARTMENT
Memorandum No. 01-056
.~B!~ll_~_A_ tkins, Deputy Finance Director
PROCUREMENT
Christine Roberts, Assistant Public Works Director for
Jeffrey Livergood, Public Works 'Director
Richard A. Fiege, Facilities Management Supervisor
July 5, 2001
Roof Repairs to East Wing of City Hall Complex
Bid g070-2511-01/KR
RECEIVED
JUL 9 2001
I have reviewed the bids and I recommend that the bid be awarded to the low bidder, Preventive
Maintenance Support Services as follows.
Total Lower Level Work:
Total Sum for Alternate Upper Level Work:
$5,900
$14,400
$20,300
Funding is available in our Building Improvements Account ~901-2511-519-62.01.
Please contact my office if you have any questions and please be advised that we will input a
requisition into the system.
PL/RAF/pl
Attachment (Tab Sheet)
i== ~.
rn ~
c~
m
cO cz c:O O~ :m o 0 0 :m
___._~ ~z ~ mz
>--n
· < ~ -, o~ >_ z ~1
~ m~ z -~_~ I
zZ ~ m~O~l
~o ~ ; °
> ~ o ~m~l
~~0 I
Om
~z m m
~ -- z~z~
~ -z. .-~m=
O< z~ -
--~
;~ ~z z z
mz~ ~ ~ ~ ~
~ ~ m m
oo
~00 0
· 11ri1
g
Requested City Commission
: Meeting Dates
[] July 17,2001
[] August 7, 2001
[] August 21, 2001
[] September 4, 2001
VI.-CONSENT AGENDA
ITEM B.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission Date Final Form Must~.Turn~ ~-~
Dates in to City Clerk's ~ice
Meeting
[] September 19, 2001 September 5, 2001 (5:0112~m.)
~ Octob~ 2, 2001 Septemb~ 20, 2001 {5:~.m.),_,
~ October 16, 2001 October 3, 2001 (5:00 p~
~ Novemb~ 6, 2001 October 17, 2001 (5:00
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: A motion to extend the dual award for the "ANNUAL CONTRACT FOR
BACKFLOW PREVENTION DEVICE INSPECTION AND TESTING SERVICES", Bid #088-
2821-00/KR, to Dee Maria Plumbing, Inc. and Service America Network, Inc. for an estimated annual
expenditure of $10,000.00. (New Bid #084-2821-01/KR).
CONTRACT RENEWAL PERIOD: OCTOBER 5, 2001 TO OCTOBER 4, 2002
EXPLANATION: At the City Commission meeting of October 4, 2000, this bid was awarded to Dee Maria Plumbing,
Inc. of West Palm Beach, and Service America Network, Inc. of Delray Beach, Florida for a one (1) year period. Both
vendors have provided satisfactory service to date. This bid will expire on October 4, 2001; but according to the
Terms and Conditions of the bid, we have the option to renew this bid and extend the prices for an additional year,
provided all parties agree (see attached extension letters). Pete Mazzella, Assistant to the Utility Director concurs
with this recommendation (see attached Memo #01-170).
PROGRAM IMPACT: .The purpose of this bid is to secure the services of a certified cross-connection control
technician to perform test(s) on backflow prevention devices. The successful vendor must be available to perform
test(s) throughout the contract year.
FISCAL IMPACT: BUDGET ACCOUNT/NAME
Other Professional Services
401-2821-536-31-90
Department Head's Signature
ESTIMATED ANNUAL
EXPENBI[TURE
~ City Manager's Signature
Procurement Services
Department Name
City Atto~J~ce / Human Resources
cc: Pete Mazzella, Ass't to Utility Director Barb Conboy, Administrative Coordinator
S:XBULI2ET1N~FORMS~AGENDA ITEM REQUEST FORM.DOC
File -
TO:
FROM:
MEMORANDUM
UTILITIES DEPARTMENT NO. 01-170
Bill Atkins, Deputy Director of Financial Services
'-Pe~i'* V. ~zella, Asst. to the Director of Utilities
DATE: July 12, 2001
SUBJECT:
RECEIVED
,JUL 13 2001
Annual Comract for Backflow Prevemion Device Inspection and Testing
Bid no. 008-2821-00/KTR
We recommend that the current contract for the following vendors be extended for the
additional 1-year period, as agreed to by the vendors:
1. Dee Maria Plumbing, Inc., and
2. Service America Network, Inc.
The performance of both fn'ms has been satisfactory to date.
Funding for this activity is available in account no. 401-2821-536.31-90 (Other
Professional Services), with an estimated expenditure of $10,000.
Please schedule this award for Commission action at your earliest convenience.
Attachment
PVM
Xc: Peter Mazzella
Barb Conboy
April Lam~)ns
Karen Riseley, Purchasing
File
The City
Boynton Beach
Procurement Services
E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, F~da 33425-0310
Tet~h~ No: (SO1) 7~.6$~0
~: 061) 7~-6306
NAME OF BID: "ANNUAL CONTRACT FOR
DEVICE INSPECTION AND TESTING SERVICES"
BID#: 088-2821-00/KR
Agreement between the City of Boynton Beach, Owner; and
DEE MARIA PLUMBING, INC.
Contract Renewal Period: OCTOBER 5, 2001 TO OCTOBER 4, 2002
Yes, I agree to renew the existing contract under the same Terms and Conditions for an
additional year. In addition, I agree to submit a Certificate of Insurance along with this
agreement and .will name the City of Boynton Beach as/~al in/~d.
No, I do not wish to renew the contract at this time./~,' ///
NAME OF COMPANY ',J ~'~[IRE
NAME OF REPRE"fieENTATIVE
(please print)
DATE
TITLE
(AREA CODE) TELEPHONE NUMBER
America's Gate~ay to the Gulfstream
The City of
Boynton Beach
Procurement Services
I00 E. Bo3rnton Beach Boulevard
Bo. Fnton Beach, Florida $3425.0510
~-~.~- FAX: (561) 74~,6306
RECEIVED
JUL 10 '2001
NAME OF BID: "ANNUAL CONTRACT FOR BACKFLOW PREVENTION
DEVICE INSPECTION AND TESTING SERVICES"
BID#: 088-2821-00/KR
Agreement between the City of Boynton Beach, Owner; and
SERVICE AMERICA NETWORK, INC.
Contract Renewal Period: OCTOBER 5, 2001 TO OCTOBER 4, 2002
~/Yes, I agree to renew the existing Contract under the same Terms and Conditions for an
additional year. In addition, I agree to submit a Certificate of Insurance along with this
agreement and will name the City ofBoynton Beach as additional insured.
No, I do not wish to renew the contract at this time.
NAME OF C6MPANY ' SIGNA ' '
NAME OF REPRESENTATIVE
(.please print)
DATE
TITLE
(AREA CODE) TELEPHONE NUMBER
America's Gate~va~ to the Gulfstream
~, oo
I,,.l m
mc:
mo i
m
'13'0
mm
ZZ
rtl
Z
NAME OF Bm
BID DATE:
BID TIME:
BID #:
A~,~~{i~CT l~OR BAK~OW l'l~V~rlO~ I)~VlC~
I~S~'~'~,I'~ ~ ~STII'~ S~aVlC~S
nt~aUgT. ~, z00o ~ :~.~0 P.~. (LOCAL Tiara)
088-28~,~/KR
VENDOR
JOHN.$. KIRLIN, INC;
FLOR~A DIVISION
5430 ~ 33~ AVENUE
FT.:LAUDERDALE, FL 33309
LINE-TEC, INC.
6020 SUNBERKY CIRCLE
BOY.ON BEACH, FL 33437
NOLAND COMPANY
251 N. CONGRESS AVENUE
DELRAY BEACH, FL 33444
SEVERN TRENT SERVICES
5 I80 TICE STREET
FT. MYERS, FL 33905
STATEMENT OF "NO BIDS" LISTING
REASON
WE DONOT OFFER THIS PRODUCT
OR AN EQUIVALENT
NOT CERTWIED IN BACKFLOW AT
THIS TIME
WE DO NOT OFFER TI-IIS PRODUCT
OR AN EQUIVALENT
DID NOT REQUEST BID PACKAGE IN
TIME
VI.-CONSENT AGENDA
ITEM B.3
CITY OF BOYNTON BEACH
AGE A ITEM REQUEST FORM
Requested City Con~i:~_
Meeting Dates "'
[] July 17, 2001
[] Augus[ 7, 2001
[] August 21,2001
[] September4, 2001
NATURE OF
AGENDA ITEM
Date Final Form Must be Turned
in to City Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00p.m.)
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to Cit~ Clerk's Office
[] September 19, 2001
September 5, 2001 (5:00 p.m.)
[] October 2, 2001
September 20, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001
(5:00
p.m.)
August22.2001 (5:00p,m.) [] November6,2001 Octoberl7,2001(5:~.m.),.~-,
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] UnfirdshedBusiness .~-
[] AnnOuncement [] Presentation ~--
[] City Manager's Report
RECOMMENDATION: MOTION to approve utilizing GSA CONTRACT #GS-03F-4079B to SECURITY ONE
SYSTEMS, INC. for the PURCHASE OF A SURVEILLANCE SECURITY CAMERA SYSTEM FOR THE
LIBRARY in the amount of $23,238.47.
EXPLANATION: Procurement Services Division received a request from Library Department to purchase a
surveillance security camera system to monitor internally within the library, and the general surrounding grounds
outside the building. This purchase will be made from Security One Systems, Inc. utilizing a General Services
Administration (GSA) contract. The Library Department has reviewed alternative sources for this purchase,
including a School District of Palm Beach County Bid, but found Security One Systems, Inc. to provide the best
pricing utilizing the GSA contract.
The purchase of the surveillance security camera system will include equipment ($16,306), installation materials
($2,932.47), and installation labor/testing/training/project management ($4,000).
Procurement Services recommends Commission's review, evaluation and approval.
PROGRAM IMPACT: This purchase Will assist the Library Department in monitoring to assure a safe environment
for the general public while using their services.
FISCAL IMPACT: This is a non-budgeted caPital expense. Therefore, in order to make this needed purchase it will
be necessary to use Contingency funds. Funding in the amount of $23,238.47 will be transferred from Contingency
and placed in the Library Department budget for this purchase.
Account Description
Contingency (City Hail)
General Equipment
Account Number
001-1211-512-99-02
001-2610-571-64-02
Deputy Director of Financial Services
Increase/
Budget Decrease Balance
$ 39,050 $ <23,239> $ 15,811
-0- 23,239 23,239
-- "'City Manager' s Signature
Procurement Services
Department Name
S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC
/ Human Resources
Interoffice Memorandum
To: Bill Atkins, Detmty~D. irector of Finance
From: Assistant Library Director
Date: 11 July, 2001
Subject: Library Surveillance System Recommendation
Please find attached the complete ~e for the surveillance camera project. The
documentation includes a summary cost comparison sheet and quotations from vendors.
One of the vendors quoted GSA pricing for equipment. Another is the low bidder on the
lOcal governmental bid project. The remaining two (2) are internet quotations.
The two (2) internet vendors quote prices that are very low, but are markedly different in
a number of ways.
1. Both would require resorting to a third party for materials and installation.
2. Other than the product warranty, there is no service package for maintenance.
3. The quality of the products presented is less than is needed in this environment.
A bid award from the School District of Palm Beach Coun~ to Holb Sierra was reviewed
and included in the cost comparison. In the initial analysis, Holb Sierra presented the
lowest installation and materials costs. However, the per unit equipment costs were
generally higher. The ttolb Sierra maintenance contract price quotation did not include
emergency service except at an additional cost of $80.00 per hour. There was also no
mention of the method of supervision or quality control for the installation phase of the
project.
A project proposal was submitted by Security One Systems. The proposal included unit
costs for equipment, labor, and materials. It also included in the cost a project manager.
In addition to project cost information, specifications on all equipment and materials,
references, service contract options and payment options were included, In comparison to
Holb Sierra, Security One Systems' equipment unit costs were lower as they were GSA
pricing. SecUrity One Systems' materials and installation cost quotations were higher.
The service maintenance contract was presented as four (4) options, including 24/7
service response. Security One Systems included a lease option in addition to a lump sum
pay out.
In reviewing and comparing the above vendors, it is my recommendation that Security
One Systems be awarded the project contract. They are local, the pricing is reasonable,
the maintenance contract options provide for minimum down time, project supervision is
explicit and they are very experienced. If Security One Systems is selected, I would also
recommend that the lease option and the 24/7 service contract are the terms that are
purchas6d.
Interoffice Memorandum
To: Library Director
From: Assistant Library Director
Date: 6 July, 2001
Subject: Surveillance System - Recommendation
Please find attached the complete file for the surveillance camera project. The
documentation includes a summary cost comparison sheet and quotations from vendors.
One of the vendors quoted GSA pricing for equipment. Another is the low bidder on the
local governmental bid project. The remaining two (2) are internet quotations.
The two (2) internet vendors quote prices that are very low, but are markedly different in
a number of ways.
1. Both would require resorting to a third party for materials and installation.
2. Other than the product warranty, there is no service package for maintenance.
3. The quality of the products presented is less than is needed in this environment.
A bid award from the School District of Palm Beach County to Holb Sierra was reviewed
and included in the cost comparison. In the initial analysis, Holb Sierra presented the
lowest installation and materials costs. However, the per unit equipment costs were
generally higher. The Holb Sierra maintenance contract price quotation did not include
emergency service except at an additional cost of $80.00 per hour. There was also no
mention of the method of supervision or quality control for the installation phase of the
project.
A project proposal was submitted by Security One Systems. The proposal included unit
costs for equipment, labor, and materials. It also included in the cost a project manager.
In addition to project cost information, specifications on all equipment and materials,
references, service contract options and payment options were included. In comparison to
Holb Sierra, Security One Systems' equipment unit costs were lower as they were GSA
pricing. Security One Systems' materials and installation cost quotations were higher.
The service maintenance contract was presented as four (4) options, including 24/7
service response. Security One Systems included a lease option in addition to a lump sum
pay out.
In reviewing and comparing the above vendors, it is my recommendation that Security
One Systems be awarded the project contract. They are local, the pricing is reasonable,
the maintenance contract options provide for minimum down time, project supervision is
explicit and they are very experienced. If Security One Systems is selected, I would also
recommend that the lease option and the 24~7 service contract are the terms that are
purchased.
Company: City of Boynbxt Beach
Job Name: Libranj
Address: 208 S. Seacrest Boulevard
City: Boynton Beach
Client Name: Alva D..Henehan, Jr.
Job Site Contact: Alva D. Henehan, Jr.
Job Description: CCTV Surveillance System
'Proposal Date:
;Sales Rep:
5/29/2001
Michele Buck
FINANCIAL SUMMARY
$16,306.00
$2,932.,
Seclrit~y
Secu.~ty O~e Systemse
(800)353-1111
OPTIONAL LEASE PROGRAM - Coastal Leasing - Requires credit approval
ILEASE DOWN PAYMENT 10%
- 36 MONTH TERM $825
TERMS & CONDITIONS
.N.L WORK TO BE COMPLETED IN A WORKMANLIKE MANNER ACCORDING TO STANDARD PRACTICES.
CUSTOMER TO PROVIDE 1 IOVNC POWER I CONDUIT I HIGH LIFTS AND ANY OTHER INSTALLATION MATERIAL.S (AS REQUIRED).
SECURITY ONE SYSTEMS, INC. IS A STATE LICENSED LOW VOLTAGE CONTRACTOR - EF0000120
rilE SECURITY SYSTEM HAS BEEN CHOSEN BY THE I~USTOMER AFTER CONSIDERING AND BALANCING THE LEVELS OF
PROTECTION AFFORDED BY VARIOUS TYPES OF SYSTEMS AND RELATED COSTS.
OR DEVIATION FROM THIS PROPOSAL WILL BE COMPLETED UPON WRn-rEN CHANGE ORDER REQUESTS.
ANY ALTERATION
PAYMENT TERMS - 50% DEPOSIT / BALANCE UPON COMPLETION (7 DAYS) - PRICES VALID FOR (45) DAYS.
CUSTOMER MUST READ AND AGREE TO THE LIMIT OF LIABILITY AND LDC AS DESCRIBED ON THE BACK OF THIS PROPOSAL.
BY ISSUANCE OF A PURCHASE ORDER, CUSTOMER A~=REES TO ALL TERMS & CONDITIONS OF THIS PROPOSAL
~SECURITY ONE SYSTEMS, INC. '
ISECURITY PROPOSAL- EQUIPMENT UST-PRICING
Company:.
Job Name:
Address:
c~.
Client Name:
Job Site Conta~:
Job Description;
City of Boynton Beach
Ubrmy
208 S. Seacrest Boulevard
Boymon Bea~
Alva D. Henehan, Jr.
ANa D. Henehan, Jr.
CCTV Su~.ca System
~ _C"~/_ -~YSTEM-CAMERAS '
:~..~" PELCO ICSl01-CR3 CAMERA-HR..SURFACE DOME CLEAR CLR 3MM $710.00 $4 260.00 $462.00 $2,772.00
1 PELCO ICS101-CR6 CAMERA-HR-SURFACE DOME CLEAR CLR 6MM $710.00 $710:00 $462.00 $462,00
: 1 PELCO ICS101-cR8 ' CAMERA-HR-SURFACEDOME CLEAR CLR 8MM $710.00 $710.00 $462.00 $462!00
:f 3- PELCO ICS151-CR3 CAMERA-HR-CEILING DOME CLEAR CLR 3MM * $679;00 $2 037.00 $441.00 $1,323i00
1 PELCO ICS151-CR6 CAMERA-HR-CEILING DOME CLEAR CLR 6MM $679.00 : $679,00 $441.00 $441~00
~.2' PELCO ICSI~!-CRa CAMERA_HR_CEiLING DOME CLEAR CLR eMU $679 00 $1,358.00 $441.00 $882,00
2 PELCO .SD5BCBW~PG-E1 SPECTRA DOME OUTDOOR PENDANT'CLEAR DOME CLRW/B $3 901 00 $7,802.00 $2 8i2.00 $5 624~00
HOUSING/DOME/MONITOR MOUNTS '
2 pELCO .IWM~Y MOUNT FOR SPECTRA DOME GREY $110.00 $220.00 $72.00 ' $144.00
MULTIPEXER EQUIPMENT
1 PELCO MX4016CD GENEX 16 CAMERA COLOR DUPLEX $2,440.00 $2,440,00 ~;=1,586 00 $1,586.00
I PELCO KB~ GENEX REMOTE CONTROLLER $940.00 $940.00 r~ $611 00 $61100
VIDEO RECORDERS/TAPES/ACCESSORIES $1 099 00 $1,099.00 ' $714.00 $7i4.00
I PELCO TLR'?'096C 96 HOUR DENSITY RECORDER
I PELCO/TDK T'160 VIDEO CASETFE TAPE !0 PACK $86.00 i $86.00 $56.00 $56.00.
VIDEO MONITORS
~ PELCO PMC21A MONITOR'COLOR: 21" $744.00 ' $1,488.00 $484.00 $968~00;
VIDEO POWER SUPPUES
1. PELCO MCS16-20SB POWER SUPPLY FOR 16 CAMERS $402 00 $402.00 $261.00 $261~00
$24,331.00
Company: City of Boynton Beach
Job Name: Library
Address: 208 S. Seacrest Boulevard
City: Boynton Beach
Client Name: Alva D. Henehan, Jr.
Job Description: CCTV SUrveillance System
Proposal Date: 5/29/2001
Sales Rep: Michele Buck
5747 North Andrews Way
Fort Lauderdale, FI.~
CAMERA LOCATIONS/DESCRIPTIONS:
ICSl01-CR$ HIGH RESOLUTION SURFACE DOME CLEAR 3MM LENS
#1 - OUTSIDE FRONT ENTRANCE TO VIEW THE PEOPLE AS THEY ARE COMING INTO THE BUILDING
#2 - INSIDE FRONT LOBBY ENTRANCE FACING SOUTH TO PROVIDE A CRISS CROSS COVERAGE AREA
f/4- INSIDE TO VIEW' CIRCULATION DESK FACING EAST
~; ;;~iDE. ~.M~-cv~-I= OFFICE AREA ABOVE $OUIH DOOR FAC,;;~;G
~6 - INSIDE EMPLOYEE OFFICE AREA ABOVE WEST DOOR FACING EAST
ICSl01-CR6 HIGH RESOUJTION SURFACE DOME CLEAR 6MM LENS
OUTSIDE SOUTH FIRE EXIT DOOR TO SEE PEOPLE COMING INTO THE BUILDING
ICSl0t-CR8 HIGH RESOLUTION: SURFACE DOME CLEAR 8MM LENS
INSIDE TO VIEW THE SAFE AREA INSIDE THE OFFICES FACING EAST
ICS151-Ci~ HIGH RESOLUTION CEiUNG DOME CLEAR 3MM LENS
#9 - INSIDE TO VIEW' THE REFERENCE DESK FACING EAST
.~.0 !~C--~E TG V;Z','.' T~ ~E .";,,;TLC\'~-~ ~.%'TP.~.:;C-'' DOOR WEST .".~CVE DOOR F.".C'.;.'G .%~C.~,T~',
#11 - INSIDE TO VIEW THE EMPLOYEE ENTRANCE DOOR EAST ABOVE DOOR FACING NORTH
ICS151-CR6 HIGH RESOLUTION CEILING DOME CLEAR 6MM LENS
~ '.~.'~DE TO~!!?.~.' THE .~!.C,'--":;;7_.. A~.~.~.
ICS151-CR8 HIGH RESOLUTION CEILING DOME CLEAR 8MM LENS
#13 - INSIDE TO VIEW HALLWAY BY CHILDRENS AREA ABOVE EXIT DOOR FACING NORTH
~ TO '~EW THE ADULT SEC, TiOi,~ HALLWAY ~'AC:~;C :;QRT¢I
SDSBCBW-PG-E¶ SPECTRA DOME PAN TILT ZOOM OUTDOOR PENDANT CLEAR DOME CLR/BW
#15 OUTSIDE TO PAN THE EAST PARKING LOT
#16 - OUTSIDE TO PAN THE SOUTH EMPLOYEE PARKING LOT
SIGNATUREOF APPROVAL:
DATE:
Company: City of Boynton Beach
Job Name: Library
Address: 208 S. Seacrest Boulevard
City: Boyr~'on Beach
Client Name: Alva D. Henehan, Jr.
Job Description: CCTV Surveillance System
Proposal Date: 5/'29/2(]01
Sales Rep: Michele Buck
5747 Ninth Andrews Way
:Fort Lauderdale, FI.33309
CAMERA LOCATIONS/DESCRIPTIONS:
ICSl01-CR3 HIGH RESOLUTION SURFACE DOME CLEAR SMM LENS
#1 - OUTSIDE FRONT ENTRANCE TO VIEVV THE PEOPLE AS THEY ARE COMING INTO THE BUILDING
#2- INSIDE FRONT LOBBY ENTRANCE FACING SOUTH TO PROVIDE A CRISS CROSS COVERAGE AREA
#3 - INSIDE FRONT LOBBY ENTRANCE FACING NORTH TO PROVIDE A CRISS CROSS COVERAGE AREA
#4- INSIDE TO VIEW CIRCULATION DESK FACING EAST
#5 - INSIDE EMPLOYEE OFFICE AREA ABOVE SOUTH DOOR FACING NORTH
f~6 - INSIDE EMPLOYEE OFFICE AREA ABOVE WEST DOOR FACING EAST
iCSl01-CR6 HIGH RESOLUTION SURFACE DOME CLEAR 6MM LENS
· 7- OUTSIDE SOUTH FIRE EXIT DOOR TO SEE PEOPLE COMING INTO THE BUILDING
ICSl01-CR:8 HIGH RESOLUTION SURFACE DOME CLEAR 8MM LENS
f~8 - INSIDE TO VIEW THE SAFE AREA INSIDE THE OFFICES FACING EAST
ICS151-C1:~ HIGH RESOLUTION CEILING DOME CLEAR 3MM LENS
#9 - INSIDE TO VIEW THE REFERENCE DESK FACING EAST
#10 - INSIDE TO VIEW THE EMPLOYEE ENTRANCE DOORWEST ABOVE DOOR FACING NORTH
#11 - INSIDE TO VIEW THE EMPLOYEE ENTRANCE DOOR EAST ABOVE DOOR FACING NORTH
ICS151-CR6 HIGH RESOLUTION CEILING DOME CLEAR 6MM LENS
#12 - INSIDE TO VIEW THE MAGAZINE AREA
ICS151-CR8 HIGH RESOLUTION CEILING DOME CLEAR 8MM LENS
#13 - INSIDE TO VIEW HALLWAY'BY CHILDRENS AREA ABOVE EXIT DOOR FACING NORTH
#14 - INSIDE TO VIEW THE ADULT SECTION HALLWAY FACING NORTH
SDSBCBW-PG-E1 SPECTRA DOME PAN TILT ZOOM OUTDOOR PENDANT CLEAR DOME CLR/BW
#15 OUTSIDE TO PAN THE EAST PARKING LOT
#16 - OUTSIDE TO PAN THE SOUTH EMPLOYEE PARKING LOT
ISIGNATUREOF APPROVAL:
DATE:
Bo~ Beach ummy
Job Name:
City: ~,
Client Name:
Libra~(
208 S. seacrest BoUlevard
Boynton Beach
-~[~I~. Henehan, Jr,
NvaD, Henehan, Jr.
CC~ surveillance System
Seclrity
5747 North ~rews waY
Fort Lauderdale, FI.33309
pro,al Date: 5/2912001
Sales Rep:
Michele BUCk,
IERAS
PELCO ICS101-CR3
PELCO ICS101-CR6
PELCO ICS101-CR8
PELCO ICS151-CR3
PELCO ICS151-CR6
PELCO ICS151-CR8
CAMERA-HR-SURFACE DOME CLEAR CLR 3MM
CAMERA-HR-SURFACE DOME CLEAR CLR 6MM
CAMERA-HR-SURFACE DOME CLEAR CLR 8MM
CAMERA-HR-CEILING DOME CLEAR CLR 3MM
CAMERA-HR-CEI MNG DOME CLEAR CLR 6MM
CAMERA-HR-CEILING DOME CLEAR CLR 8MM
SD5BCBW-PG-! SPECTRA DOME OUTDOOR PENDANT CLEAR DOME CLRWIB
)UNTS
IWM-GY MOUNT FOR SPECTRA DOME GREY
[ EQUIPMENT
PELCO MX4016CD GENEX 16 CAMERA COLOR DUPLEX
PELCO KBD4000 GENEX REMOTE CONTROLLER
RECORDERS/TAPES/ACCESSORIES
PELCO TLR2096C 96 HOUR DENSITY RECORDER
PELCO/TDK T-160 VIDEO CASETTE TAPE 10 PACK
MONITORS
PELCO PMC21A MONITOR-COLOR 21"
POWER SUPPLIES
PELCO MCS16-20SB POWER SUPPLY FOR 16 CAMERS
Ust provide all 110AC Power / Conduit i Lifts / Other Installation Matadals ~
88.50 Monthly
177.00 Monthly
132.75 Monthly
265.50 Monthly
Add replacement equipment and inspections to warranty
Five year service plan with replacement equipment and warranty
Add (24/7)- replacement equipment and quarterly inspections to warranty
24/7 Five year service plan with replacement equipment and warranty
All charges are billed quarterly in advance
Date
IXSecurity One Systems
Date
Attention is directed to the Warranty, Limit of Liability, and other conditions on reverse side.
Company:
Job Name:
Address: i
Ptio.; =
CH of Boynton Beach
Library
208-$~.~.-6eacrest Boulevard
Beach
, Jr.
ANa D, Henehan, Jr.
System
6 PELCO
I PELCO
I PELCO
:3 PELCO
I PELCO
2 PELCO
PELCO
ICS1;
ICS1
CAMERA-HR-SURFACE DOME CLEAR CLR 3MM
CAMERA-HR-SURFACE DOME CLEAR CLR 6MM
CAMERA-HR-SURFACE DOME CLEAR CLR 8MM
CAMERA-HR-CEILING DOME CLEAR CLR 3MM
CAMERA-HR-CEILING DOME CLEAR CLR 6MM
CAMERA-HR-CEILING DOME CLEAR CLR SMM
DOME ouTDoOR pENDANT CLEAR DOME CLRW/B
PELCO IWM-GY
PEXER EQUIPMENT
I PELCO
MOUNT FOR SPECTRA DOME GREY
PELCO
PELCO/TDK T-160
MONITORS
PELCO PMC21^ MONITOR-COLOR 21"
POWER SUPPLIEs
PELCO MCS16-20SB POWER SUPPLY FOR 16 CAMERS
1 lOAC Power / co~u~ / ms / Other In~ailation Matedals (As required)
GENEX 16 CAMERA COLOR DUPLEX
GENEX REMOTE CONTROLLER
96 HOUR DENSITY RECORDER
VIDEO C^SETTE TAPE 10 PACK _
* 23,238.47 (plus Sales Tax I Local Permits/Engineered Drawings) payable 50 % upon acceptance of this proposal.
* Balance is payable upon substantial complelion of installation.
Warranty
Security One Systems provides parts and labor for a period on ninety (90) days. The warranty will be extended to one year
if the customer meets the standard payment tarns described above. Repairs under warranty will be done during Security
One Systems normal business hours (Mon-Fri 08:50-17:50 excluding holidays).
General Terms
This syatom described above has been chosen by the customer after considering and balancing the levels or protection
afford ,e~l by yarious types of syatams and related costa. The above prices, spaciflc, afions, and conditions are satisfactory
and are hereby accepted. Addition;ally, Customer acknkowledges that it has read and understands the entire agreement
including the Warrany, Limit of Warranty, and Liquidated Damages on the back this aggreemenL
Requested City Commission
Meeting Dafe~
[] July 17, 2001
[] August 7, 2001
[] August 21, 2001
[] September 4, 2001
VI.-CONSENT AGENDA
ITEM C.:I.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR..
Date Final Form Must be Turned
Snto City Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 200l (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October 2, 2001
[] October 16, 2001
[] November 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Approve Commercial Material Purchase Agreement between the Solid Waste Authority algl
the City of Boynton Beach for recycled material.
EXPLANATION: Currently cardboard recyclables are taken to the Lantana Transfer Station for processing. By
entering into this agreement the Public Works Department, Solid Waste Division will take collected cardboard
recycling to the 45th Street processing center in West Palm Beach. The Solid Waste Authority will pay the City 80%
of the current market value for the recycled material minus a processing cost of $23.50 per ton. This will allow
additional revenue to be collected by the Division and will keep commercial recycling costs down for our customers.
PROGRAM IMPACT: Longer travel distance for operators to drive to dispose of material. The revenue benefit out
weighs the additional costs (fuel) that will result in longer travel distances.
FISCAL IMPACT: Additional revenue of approximately $1,000 per month (depending on the current market value)
into the Solid Waste Enterprise Fund.
ALTERNATIVES: Continue to deliver to Lantana Transfer Statio~y revenue.
Depam.ent Name U City Attom~/-F~inance / Human Resources
S:XBULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R 01-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR TO EXECUTE A COMMERCIAL MATERIAL
PURCHASE iEN THE SOLID WASTE
AUTHORITY
RECYCLE
WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
recommendatiOn of staff=, deems it to be in the best interests of the City residents to enter
into a Commercial Material Purchase Agreement with the Solid Waste A. ithority for, recycled
material;
NOW~ THEREFORE~ BE Z'I' RESOLVED BY THE CTI'Y COHr41'SStON OF THE
CZ'FY OF BOYNTON BEACH~ FLOR.tDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
hereby authorize and direct the Mayor to execute a Commercial Material Purchase
Agreement between the City of Boynton Beach and the Solid Waste Authority, a copy of
said agreement is attached hereto as Exhibit "A."
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this
day of August, 2001.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ViceMayor
Commissioner
Commissioner
~.TTEST: Commissioner
City Clerk
(COrporate Seal)
ca\reso~greements~Soltd Waste Agr072601
ARTNER FOR
SOLID WASTE SOLUTIONS
COMMERCIAL MATERIAL PURCHASE AGREEMENT
Seller's Business Name: Cit7 of Boynton Beach
Address: P.O. Box 310 City: Boynton State: FL
Telephone Number: 561-742-6206 Fax Number: 561-742-6211
Zip:~
33435
Type of Business: Individual: ( ) Corporation:( ) Partnership:( ) Other: (X) Municipality
· All vehicles used for delivery must have a Solid Waste Authority decal issued upon first weigh-in.
· All vehicles must notify the Weighmaster upon weigh-in that they are a Commercial Materials
vendor and provide the Solid Waste Authority account number.
· Upon tipping material, the Seller must receive signed acceptance of material by Solid Waste
Authority staff. Failure to receive acceptance will result in non-payment for materials delivered,
and possibly a charge for the materials. ~
· After tipping and receiving approval, vehicles must weigh out. Failure to do so will result in non-
payment for materials.
· Should materials delivered be deemed contaminated and not acceptable, and the Seller chooses
to leave the material with the Solid Waste Authority, a fee will be assessed for disposal of the
material. The Seller must pay cash or have an existing SOlid Waste Authority charge account to
pay for the disposed material.
AGREEMENT: It is expressly understood that by signing this document, Seller
agrees to the terms and conditions set forth on the face and reverse side of this
document.
SELLER:
Authorized Signature:
Print Name:
Title:
Date:
(Corporate Seal)
AUTHORITY:
Authorized Signature:
Account Number:
Title: Date:
7501 North ,Jog Road, West Palm Beach. Florida 33t2 (561) 640-.,4000 FA;<, 683-4067
White - Authority Copy Yellow- Seller Copy Pink - CMRF Copy
Requested City Commission
Meetin~ D ate.&_~. _ ._:7~ _
[] July 17,2001
[] August 7, 2001
[] August 21, 2001
[] September4, 2001
VI.-CONSENT AGEN DA
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR1._
Date Final Form Must be Turned
in to City Clerk's Office
JulyS, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October 2, 2001
[] October 16, 2001
[] November 6, 2001
ITEH C.2
Date Final Form Must be Turned
in to Cit~ Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
'/:hZ
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Motion to approve and execute by Resolution Task Order #01-09 with Utilities General
Engineering Consultants CH2M Hill in the amount of $21,215.00'for engineering services for the repair of production
Wells #15 and #16, investigation and possible modifications for production Well #10, and provide technical
specifications for ongoing well rehabilitation and maintenance services.
EXPLANATION: The Utilities Department operates 31 water production wells. Many of the eastern wells were
constructed using a screen and gravel pack design. These require regular maintenance due to fouling, deposition of
materials, and other failures. Well #15 has a small hole in the steel casing and Well #16 has a split in the 6-inch screen
riser pipe. Well #10 has chloride levels higher than adjacent wells. This work will investigate possible solutions
and/or alternatives. Previously Utilities has "piggybacked" bids from the Cities of Delray Beach and Lake Worth for
routine maintenance, but this project involves work beyond scope of bids.
PROGRAM IMPACT: This Task Order will provide plans, specifications, and bidding documents for the
rehabilitation of Wells #15 and #16, recommendations for modifications to Well #10, and prOvide onsite construction
management for repairs to Wells #15 and #16. These three wells represent approximately 2.5 mgd capacity.
FISCAL IMPACT: The cost of this Task Order is $21,2 [5.00. Funds are available in Utilities Renewal and
Replacement Account #405-5000-590-96.02, WTR075.
ALTERNATIVES: None realist!c. Maintenan.ce of Wells #15 an.d 016 need t~.be done. Repairs should be specified
~ ~speeted by~c~y exper,enced professional Hydrogeolog~st. ~/~ ...,
' ' De~t ~ead~E~a~e Ci~ M~ager s Silage
Utilities ' - Ci~ A~omey / F~e ~ H~ ~es
Dep~ent Nme
Xc: Bob Kenyon Jo~ Gui~
Dale Sugem~ B~b Conboy
S:kBULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R01-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORJZING THE MAYOR TO EXECUTE TASK
ORDER NO. OF BOYNTON
BEACH AND ~ IN AMOUNT OF
$21,215 TO PROVIDE ENGINEERING SERVICES FOR
THE #15 AND 16,
WELL #10, AND OVIDING FOR
SPECIFICATIONS FOR
REHABILITATION ~
~ PROVID
TECHNICAL
WELL
{ERVICES;
WHEREAS, the City has been actively maintaining its water supply wells since
gte wells were first installed; and
WHEREAS, as a result of this maintenance program, Production Wells 15, 16
and I 0 have been identified as wells in need of rehabilitation or modification;
NOW~ TI-IEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION
DF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
~tereby authorize and direct the Mayor to approve and execute Task Order No. 9 for
;H2M Hill in the amount of $21,215.00, to provide en~mneering services for the repair of
production wells 15 and 16 and modification of Well 10 to improve water quality.
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this __
day of August, 2001.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
T:
Commissioner
City Clerk
(Corporate Seal)
',onsultant- Task Order 9 - CH2Mhill 072601
TASK ORDER NO. 9
Engineering ServiCes for Rehabilitation of Production Wells
Under~General Agreement for Professional Services
Between CH2M HILL and the City of Boynton Beach
June 18, 2001
A. Background
The City of Boynton Beach has been actively maintaining its water supply wells since the
wells were first installed. One of the benefits of the maintenance program, other than the
sustained capacity of the wells, is that wells in need of rehabilitation are identified. It is
critical that well problems be identified in the early stages in order to prevent a significant
loss in capacity or the complete loss of a production well. Production wells 10, 15 and 16
have been identified as wells in need of rehabilitation or modification. Well 10 is a produc-
tive well, however, chloride levels have been high in this well, significantly diminishing its
value to the City's water sUpply system. Video surveys performed on production wells 15
and 16 indicate the presence of a small hole in the 12-inch diameter steel casing of well 15
and a split in the 6-inch diameter screen riser-pipe of well 16. The rehabilitation of well 15
will consist of the installation of a 6-inch diameter PVC liner in the well. Repair of Well 16
will require the removal of the existing well screen and screen stand-pipe, replacement of
the stand-pipe, and reinstallation of the screen, new stand-pipe and gravel pack.
The CITY has requested CH2M HILL to provide engineering services for the repair of produc-
tion wells 15 and 16 and modification of well 10 to improve water quality. These services will
consist of the preparation of technical specifications and bid documents, bid services, construc-
tion management, and resident observation services during the repairs of the production wells.
B. Scope of Services
Task 1 - Technical Specifications and Bid Phase Services
The following services will be provided by CH2M HILL to assist the City in Contracting for
this work:
DFB/16557.DOC
Prepare plans, specifications and bid documents for the rehabilitation of production
wells 15 and 16 and modifications to iwell 10. A total of 12 bid documents will be
included in this task.
· Resp~questions from potential bidders, and issuing addenda to plans and
specifications.
· Review bids received and make a recommendation.
· The bid documents shall include an additive alternate section for the purpose of
receiving competitive bid prices for well rehabilitation and maintenance which may be
unrelated to this project, however, appropriate for ongoing wellfield rehabilitation and
maintenance projects. Examples of this type of work include wellhead and pump
removal, cleaning, and reinstallation, pump replacement, acidization, brushing of
casing, well development, and well disinfection.
Task 2 - Services During Construction (SDC)
The specific SDC to be provided by CH2M HILL include the following:
· Prepare agenda and conduct pre-construction conference with selected contractor.
· Prepare and issue written pre-construction meeting minutes summary.
· Review submittals for general compliance with the design concept of the project and the
provisions of the Contract Documents.
· Provide an onsite construction resident observer. The observer shall be on site during
the entire well repair procedure.
· Engineer will maintain regulatory compliance and reporting.
· Respond to contractor requests for information or interpretations.
· Prepare and submit to the CITY completion diagram of the repaired wells.
C. Assumptions
The following assumptions were made for the preparation of this Task Order:
· Construction observation hours based on 10 days of actual field services at 10 hours per day
and 5 days at 5 hours per day.
DFB/16557.Doc
D. Obligations of the CITY
· The CITY shall provide to CH2M HILL, as required for the performance of services
specified herein, record data and information related to the injection well system.
E. Con - ation
Compensation by the CITY to CH2M HILL will be on a cost-reimbursable basis in accordance
with Article 2.B of the Agreement with a not to exceed $21,215. The estimated~compensation
for the services described in this Task Order is $21,215 as described in the table below:
Task: Description Labor costs Direct costs Total
1: Technical $7,636 $600 $8,236
Specifications
2: Services During $11,445 $1,534 $12,979
Construction
TOTAL $19,081 $2,134 $21,215
G. Schedule
The bid documents will be prepared and ready for bidding 30 days of the execution of this
Agreement.
APPROVED BY:
CITY OF BOYNTON BEACH, FLORIDA
By:
Mayor Gerald Broening
Dated this day of
SUBMITTED BY:
CH2M HILL, INC.
~I'homas M l~IcCor[mi'Ck, P G
Vice President, Area Manager
Dated this ~ day of . .~,~
,2001.
,2001.
~ DFB/16557 ~ ~ ~ 3
TASK ORDER NO. 9
Engineering Services for Rehabilitation of Production Wells
Under-~General Agreement for Professional Services
Between CH2M HILL and the City of Boynton Beach
June 18, 2001
A. Background
The City of Boynton Beach has been actively maintaining its water supply wells since the
wells were first installed. One of the benefits of the maintenance program, other than the
sustained capacity of the wells, is that wells in need of rehabilitation are identified. It is
critical that well problems be identified in the early stages in order to prevent a significant
loss irt capacity or the complete loss of a production well. Production wells 10, 15 and 16
have been identified as wells in need of rehabilitation or modification. Well 10 is a pr0duc-
tive well however, chloride levels have been high in this well, significantly diminishing its
value to the City's water supply system. Video surveys performed on production wells 15
and 16 indicate the presence of a small hole in the 12-inch diameter steel casing of well 15
and a split in the 6-inch diameter screen riser-pipe of well 16. The rehabilitation of well 15
will consist of the installation of a 6-inch diameter PVC liner in the well. Repair of well 16
will require the removal of the existing well screen and screen stand-pipe, replacement of
the stand-pipe, and reinstallation of the screen, new stand-pipe and gravel pack.
The CITY has requested CI-LT.M HILL to provide engineering services for the repair of produc-
tion · ,veils 15 and 16 and modification of well 10 to improve water quality. These services will
consist of the preparation of technical specifications and bid documents, bid services, construc-
tion management, and resident observation services during the repairs of the production wells.
B. Scope of Services
Task I - Technical Specifications and Bid Phase Services
The following services will be provided by CH2M HILL to assist the City in Contracting for
this work:
DFB/16557.DOC 1
Prepare plans, specifications and bid documents for the rehabilitation of production
wells 15 and 16 and modifications to well 10. A total of 12 bid documents will be
included in this task.
Respond:to-questions from potential bidders; and issuing addenda to plans and
specificatiOns.
Review bids received and make a recommendation.
· The bid documents shall include an additive alternate section for the purpose of
receiving competitive bid prices for well rehabilitation and maintenance which may be
unrelated to this project, hoWever, appropriate for ongoing wellfield rehabilitation and
maintenance projects. Examples of this type of work include wellhead and pump
removal, cleaning, and reinstallation, pump replacement, acidization, brushing of
casing, well development, and well disinfection.
Task 2 - Services During Construction (SDC)
The specific SDC to be provided by CH2M HILL include the following:
· Prepare agenda and conduct pre-construction conference with selected contractor.
· Prepare and issue written pre-construction meeting ~; utes summary.
· Review submittals for general compliance with the design concept of the project and the
provisions of the Contract Documents.
· Provide an onsite construction resident observer. The observer shall be on site during
the entire well repair procedure.
· Engineer will maintain regttlato~ compliance and reporting.
· Respond to contractor requests for'information or interpretations.
· Prepare and submit to the CITY completion diagram of the repaired wells.
C. Assumptions
The following assumptions were made for the preparation of this Task Order:
· Construction observation hours based on 10 days of actual field services at 10 hours per day
and 5 days at 5 hours per day. _
D F.3/~ 6557.D00 2
D. Obligations of the CITY
· The CITY shall provide to CH2M HILL, as required for the performance of services
specified herein, record data and information related to the injection well system.
E. Comp §ation
Compensation by the CITY to CH2M HILL will be on a cost-reimbursable basis in accordance
with Article 2.B of the Agreement with a not to exceed $21,215. The estimated-compensation
for the services described in this Task Order is $21,215 as described in the table below:
Task: Description Labor costs Direct costs Total
1: Technical $7,636 $600 $8,236
Specifications
2: Services During $11,445 $1,534 $12,979
Construction
TOTAL $19,081 $2,134 $21,215
G. Schedule
The bid documents will be prepared and ready for bidding 30 days of the execution of this
Agreement.
APPROVED BY:
CITY OF BOYNTON BEACH, FLORIDA
By:
Mayor Gerald Broening
Dated this day of ,2001.
SUBMrrrED BY:
CH2M HILL, INC.
~rtomas M. M~or~ic~<, P.G.
Vice President, Area Manager
Dated this I ~) day of .~1-~0~
.,2001.
DFB/16557 ~- ~ 3
CH2MHILL
June 18, 2001
162966.GE.01
CH2M HILL
Hilisboro Executive Center North
800 Fairway Ddve Suite 350
Deerfielc Beach. FL
33441-' 831
Tel 9/54.426.4008
Fax 954,698.6010
Mr. Bob Kenyon
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33333
Subject: Task Order No. 9--Rehabilitation of Production Wells
Dear Mr. Kenyon:
Please see the attached signed Task Order No. 9 for engineering services for the
rehabilitation of production wells under the General Agreement for Professional Services '
Between CH2M HILL and the City of Boynton Beach. Work included in the task order
includes engineering services for the repair of production wells 15 and 16 and the
investigation and possible modification of production well 10. Technical specifications, bid
phase services, and services during construction are include~l in this work. The technical
specifications will include an additive alternate section. The purpose of the additive
alternate section is to allow the City to receive competitive bid prices for well rehabilitation
and maintenance which may be unrelated to this project, however, appropriate for ongoing
wellfield rehabilitation and maintenance projects.
Should you have any questions regarding the attached Task Order No. 9, please call me at
(561) 689-4858.
Sincerely,
CH2M I-tH .L
David McNabb
Project Manager
DFB/16592.doc
Requested City ~ommission
Meeting Dates
[] July 17,2001
[] August 7, 2001
[] August 21, 2001
[] September4, 2001
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR ..
Date Final Form Must be Turned
in to City Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 P.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October 2, 2001
[] October 16, 2001
[] November 6, 2001
ITEM C.3
O IJULI6 P I3:O
Date Final Form Must be Tamed
in to Cit~ Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.[n.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unf'mished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Motion to approve full release of surety, in the amount of $1,375, for the project known as
Hess Station at Hypoluxo Road and High Ridge Road, and the refunding of this amount to the developer.
EXPLANATION: The potable water system for this project, which has a cash surety of $1,375 on deposit with the
City, has been successfully completed and has exhibited no defects throughout the warranty period. Surety may
therefore be refunded to the developer.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: None. The City's code allows for the return of all ~ of the warranty period.
Department Head's signature City Manager's Signature
Utilities
Department Name
City Attot~6y/'Finan'~e / Human Re~o-u~ces
XC:
Peter Mazzella (w/attachment)
John Guidry
Barbara Conboy (w/attachment)
Finance Dept. "
City Attorney "
File "
S:\BULLETIN~ORMS\AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R01-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING A FULL RELEASE OF 6ASH SURET~
TO MAGNA OIL, (FOR THE PROIECT KNOWN AS
HESS STATION AT HYPOLUXO ROAD AND HIGH
RIDGE ROAD)IN THE AMO~ OF $1,$75.00; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Magna Oil, previously posted a cash surety in the amount of
~1,375.00 for the project known as the Hess Station at Hypoluxo Road and High Ridge
Road; and
WHEREAS, the potable water system for this project has been successfully
completed and has exhibited no defects throughout the WalTanty period; and
WHEREAS, the Department of Engineering is satisfied with the completion of
the action taken by the developer and site contractor:Jrt the resolution of outstanding
tssues, and have so advised the Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida, upon
the recommendation of staff, hereby approves the release of the cash surety in the amount
of S1,375.00 to Magna Oil.
Section 2. That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this __ day of August, 2001.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
;ST:
Commissioner
Clerk
Seal)
s:cakResokLetter of Credit/Cash Surety Release -Hess Station - Magna Oil
FINAL WALK-THROUGH INSPECTION
CORRECTIONS REQUIRED: "
Contractor
Engineer
DIRECT PAYMENT REQUISITION
Please issue a check in the amount of
To: Magna Oil
$ 1,375.00
3191 S. Military Trail
Lake Worth, FL 33463
For:
Release of Surety for the wa[er improvements
Ii
Requested by
Approvals:
Peter M~7;,ella, Assistant to the Director of Utilities
Date July 16, 2001
Dept. Head
Finance Dept.
City Manager
401 0000 220 99 00 1.375.0C
$1,375.00
Requested City Commission
Meeting Dates--~-
July 17, 2001
[] August 7, 2001
[] August 21, 2001
[] September 4, 2001
VT.-CONSENT AGENDA
TTEH C.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October2, 2001
[] October 16, 2001
[] November 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION:
EXPLANATION:
PROGRAM IMPACT:
Ratify the action of the South Central Regional Wastewater Treatment
& Disposal Board.
On July :tgt 200:t~ the South Central Regional Wastewater Treatment
and Disposal Board held its Regular Quarterly Annual Meeting. At that
time, the Board took action on items that are now before the City
Commission for raUficaUon. This City Commission raUfication is the
confirmation process for the action taken by the S.C.R.W.T.D. Board.
FISCAL IMPACT:
ALTERNATIVES:
~t Signature
Head's
City Clerk's Office
Department Name
' ~hty Nanager's S~gnature
City Attc~e~] / Finance / Human Resources
imp
\\CH\MAIN\SHRDATA\CC~WP\CCAGENDA~oenda Request Nemos~Agenda Item Request Form for SCRWTD 071901.dot
S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. ROI
A RESOLUTION COMMISSION OF THE
CITY FLORIDA, RATIFYING
THE ACTIONS TAKEN BY THE SOUTH CENTRAL
REGIONAL WASTEWATER TREATMENT AND
, AS SET FORTH
IN ATTACHED HERETO;
CITY
AND
WHEREAS, The ~
(SCRWTDB) requests ratification of
Meeting of July 19, 2001, as set forth in
Wastewater Treatment & Disposal Board
the Board at the Quarterly Annual
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH; FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida, does
hereby ratify the actions taken by the South Central Regional Wastewater Treatment &
Disposal Board on July 19, 2001, as set fOrth in the attached Exhibit "A".
Section 2. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this
day of August, 2001.
CITY OF BOyNTON BEACH, FLOR[DA
Mayor
Vice Mayor *
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk .~
s:ca',R~o~SCRWTD- 072501 M~ting ~
1. Authorization to enter into an Interlocal Agreement with the Solid Waste
Authority and to expend $156,500 from the Repair & Replacement Fund to pay
SCRWT&DB Share of Design and Permitting phase of the Biosolids Pellitization
project;
2. Authorization for Acceptance of 2001/2002 Organizational Chart;
3. Authorization to establish wastewater user rate to Cities for fiscal year
2001/2002 as follows:
Operations & Maintenance
Reserves
Total
2001/2001
$0.575/1,000 Gal
$0.150/1,000 Gal
$0.725/1,000 Gal
4. Authorization for acceptance of 2001/2002 Wastewater and Reclaim O & M
Budgets and Wastewater repair and replacement expenditures (Sinking Fund);
BOARD
City Council Members of
Boynton Beach & De[ray Beach
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · De[ray Beach, Florida 33445
Telephone
(5617 272-7061 (561) 734-2577
Fax: (561) 265-2357
E-mail: scrww;p@ix.netcom.com
MEMORANDUM
TO: Janet Pranito
CITY OF BOYNTON BEACH
FRO~: ~ary Ann Shumilla ~[ ~'~/××
./
DATE: July 23, 2001
RE:
RATIFICATIONS FOR SIGNATURE
Attached are Ratifications from the Quarterly Annual Meeting of July 19, 2001which
require signatures. Would you place these on the Agenda for your next Commission
meeting.
Would you contact me at 272-7061 when the Ratifications are executed.
Thank you.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 19, 2001
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 19, 21001, by a vote of 6-0, approve AUTHORIZATION TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE SOLID WASTE AUTHORITY AND TO EXPEND
~ 156,500. FROM THE REPAIR & REPLACEMENT FUND TO PA Y SCRWT&DB SHARE
OF DESIGN AND PERMITTING PHASE OF THE BIOSOLIDS PELLITIZA TION PROJECT.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
day of , , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
AGENDA # G (4)
YOUR PARTNER FOR
SOLID WASTE SOLUTIONS
July 6, 2001
Mr. Robert J. Hagel, P.E.
Executive Dkector
South Central Regional Wastewater
Treatment and Disposal Board
1801 North Congress Avenue
Delray Beach, F1 33445
Dear Mr. Hagel:
Enclosed, please find a revised Interlocal Agreement for the Permitting and Preliminary
Design phases of the Bio-Solids Pelletization Facility.
If you have any questions or need further information, please feel free to contact me at
(561) 615-4571.
S ineer~l~ '/~2
Assistant Director
7501 North Jog Road, West Palm Beach, Florida 33412 (407) 640-4000 FAX 683-4067 Recycled paper
INTERLOCAL GOVERNMENT AGREEMENT
FOR
THE PERMITTING AND SUPPORTING PRELIMINARY DESIGN
OF A
BIO-SOLIDS PELLETIZATION FACILITY
BETWEEN
THE SOLID WASTE AUTHORITY
OF PALM BEACH COUNTY, FLORIDA
SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
DATED AS OF
,2001
July 2~ 2001 Draft
TABLE OF CONTENTS
Article I Definitions and Entire Agreement 1.1 Definitions
1.2 Entire Agreement
Article II Agreement Scope Of Services 2.1 Permitting
2.2 Preliminary Design In Support Of Permitting
Article III Payment For Performing The Agreement Scope Of Services
Article IV Miscellaneous 4.1 Term And Termination
4.2 Notices
July 2,2001 Draft
ii
INTERLOCAL GOVERNMENT AGREEMENT
FOR
THE PERMITTING AND SUPPORTING PRELIMINARY DESIGN
OF A
BIOSOLIDS PELLETIZATION FACILITY
THIS AGREEMENT, hereinafter called the "Agreement", is made and entered into
this day of ,2001 by and between South Central Regional Wastewater
Treatment and Disposal Board, hereinat~er called the "BOard", and the SOLID WASTE
AUTHORITY OF PALM BEACH COUNTY, a special district created pursuant to
Chapter 75-473, Laws of Florida, as amended, hereinafter called the "Authority".
WITNESSETH
WltEREAS, the Board owns various Wastewater Treatment Facilities (as defined
herein) which produce Bio-Solids (as defined herein) as a byproduct of the treatment
process; and
WHEREAS, the Board desires to secure an efficient, long-term and environmentally
sound method for the treatment and disposal, preferably by reuse, of Bio-Solids; and
WHEREAS, thc Authority has a supply of landfill gas that is generated as a by-product
of its operations that it wishes to utilize in a beneficial manner; and
WHEREAS, landfill gas can be utilized as at source of energy to convert Bio-Solids into
a fertilizer product suitable for reuse; and
WHEREAS, the Federal Government and the State of Florida encourage the recycling
and beneficial reuse of residuals including Bio-Solids and landfill gas; and
WHEREAS, the Authority can provide for the beneficial reuse of Bio-Solids by means
of the drying and pelletizing the Bio-Solids to produce a fertilizer product to be blended
with other fertilizer products for reuse, and
July 2, 2001 Draft
WHEREAS, the Authority can provide for such beneficial reuse by designing,
permitting, constructing and operating (or causing the designing, permitting, construction
and operation) a Bios°lids Pelletization FaCility (as defined herein); and
WHEREAS, the Board and the Authority mutually f'md it in the public interest to begin
the develop~fi~-of such a facility :by proceeding with the pern~itting and preliminary
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
Board and the Authority agree as follows:
ARTICLE I - DEFINITIONS AND ENTIRE AGREEMENT
1.1 Def'mitions
For the purposes of this Agreement, the following terms shall have the meanings set forth
below:
"Agreement Scope of Services" means those services set forth in Article II herein.
"Bio-Solids" or "Sludge" means thc residual material from the Wastewater Treatment
Facilities.
"Biosolids Pelletization Facility" or "BPF" means the facilities to be permitted,
designed, constructed and operated or eansed to he permitted, designed, Constructed and
operated by the Authority for the purpose of processing Sludg~ into pellets for reuse as
fertilizer.
"Biosollds Pelletization Facility Development Costs" or "BPF Development Costs"
means all costs incurred by the Authority in order to perform the Agreement Scope of
Services. Those costs include, without limitation, the costs for: (i) preparing grant
applications, (ii) permitting of the Biosolids Pelletization Facility including, without
limitation, the preparation of permit applications and modifications, responding to agency
comments, attending public hearings and presentations, permit fees and the like
(including without limitation, any required modification to the Authority's Electrical
Power Plant Site Certification issued by the State of Florida); and (iii) all preliminary
design work necessary to support the above.
(SCP~W-Wr&D~)
"Participants" means the Cities Of Boca Raton, Boynton, Dekay, Jupiter, Palm Beach
Gardens, North Palm Beach and Palm Beach Board, all of which are political
subdivisions of the State of FlOrida.
"Party" means either the Authority or the Board, or both, as the context of the usage of
such term may require.
July 2, 2001 Draft
2.
"Total Estimated Funding Requirement" means the total amount of money shown in
the EStimated Funding Requirement column in the table contained in Article III herein.
"Wastewater Treatment Facilities" means the wastewater treatment plants that the
Board owns, operates and manages, or causes to be operated and managed.
1.2 Entire Agreement
This Agreement constitutes the entire Agreement between the Authority and the Board
with respect to the matters contained herein. The Article and Section headings in this
Agreement are for convenience and reference only, and shall not be considered in
construing this Agreement.
ARTICLE H AGREEMENT SCOPE OF SERVICES
2.1 Permitting
The Authority shall permit or Cause to be permitted, the Biosolids Pelletization Facility.
The Authority shall obtain or cause to be obtained all permits associated with the power
plant site certification modification which can be obtained prior to the final design and
construction of the BPF. The BPF is to be constructed on the Authority owned site at Jog
Rd and 45th St in West Palm Beach Florida.
2.2 Preliminary Design In Support Of Permitting
The Authority shall develop, or cause to be developed, the preliminary design of the
Biosolids Pelletization Facility. To the extent practical, the preliminary design shall be
limited to developing the information and details necessary t0?upport the permitting
effort. Such preliminary design shall be based upon the BPF being initially sized to
handle all current and projected generation of Bio-Solids ~om the Participants through
the year 2020. The BPF will be designed to be capable of providing a fully stabilized
pellet suitable for reuse in fertilizer applications.
ARTICLE HI - PAYMENT FOR PERFORMING THE AGREEMENT SCOPE OF
SERVICES
The Board shall pay the Authority for its share of the BPF Development Costs as those
costs are incurred. The Board's share of the BPF Development Costs are estimated at
$156,500 based on the following breakdown:
UTILITY
PBCWUD
ALLOCATION %
31.1
SCRWWTP 31.3 $156,500
BOCA RATON 16.6 $ 83,000
SEACOAST/SWA 12.5
ESTIMATED
REQUIRMENT
$155,500
62,500
42,500
ACME/OTHERS 8.5
TOTAL 100 $500,000
FUND~G
~uiy 2, 2001 ~
13I WITNESS WHEREOF, the SOLID WASTE AUTHORITY OF PALM BEACH
COUNTY, at a regular meeting thereOf, and
directing the forgoing to be adopted, these ~ its
Executive Di
Agreement,~allms o
year first above
Witness:
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY:
By:
Executive Director
Approved as to Form and Legal Sufficiency:
By:
Counsel to the Authority
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD:
* Signing of this Agreement does not
obligate the Board to proceed with
construction without a future written
Agreement.
A~e~:
By:
Chair
SCRWWTP Board Clerk
Approved as to Form and Legal Sufficiency:
By:
Board Legal Counsel
Approved by Authority Board on
Approved by the Board of SCRWr&DB
on
,2000, Item
July 19 ,200 !, Item __
July 2, 2001 Draft
G--4
The Authority shall invoice the Board monthly, and the Board shall pay the Authority
within thirty (30) days from receipt of the invoice by the Board. The Authority's invoice
shall show: (i) the amount of the invoice; (ii) the total amount invoiced to date including
the current invoice; (iii) the percent of the above Total Estimated Funding Requirement
expended t0-'t~late of the invoice; (iv) the approximately percent completion of the
Agreement Scope of Services to the date of the invoice; and (v) a revised total estimated
funding reqUirement date and the work
remaining to ~ of Services.
When both: (a) eighty percent (80%) of the above Total Estimated Funding Requirement
has been expended by and (b) the revised total estimated funding
permitting and preliminary design effort exceeds
the above Total Estimated Funding requirement, the Authority and the Board shall
negotiate and mutually agree to necessary and appropriate adjustments to this Agreement.
co Total Estimated Funding Requirement, the
Board's share
ARTICLE IV - MISCELLANEOUS
4.1 Term And Termination
This Agreement shall Commence on the date first written above, and unless terminated
sooner by mutual agreement of the Parties, this Agreement shall terminate upon written
notice from the Authority to the Board stating that all permits required to be obtained
pursuant to the Agreement Scope of Services have been obtained and the Board has made
all payments reqt~ked t° be made pursuant to this Agreement.'~'
4.2 Notices
Any notices required in this Agreement shall be sent in writing, certified mail return
receipt requested, to the Parties at the addresses listed below, unless either Party shall
inform the other Party in writing of any change in that address.
If to the Authority:
Solid Waste Authority of Palm Beach Board
7501 North Jog Road
West Palm Beach, Florida 33412
Attention: Director of Engineering
If to the Board:
South Central Regional Wastwater
Treatment and Disposal Board
1801 North Congress Avenue
Delray Beach, FL 33445
Attn: Executive Director
July 2, 2001 Draft
4
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 19, 2001
WHE
did
0 PERA T IONS
RESERVES
TOTAL
MAINTENANCE
2oo:z,/2oo
$0.575/1,000 GAL
$0.150/I,000 GAL
$0.725/1,000 GAL
WHEREAS, said Board action requires ratificatiOn by the City of BoYnton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
__ day of , , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
AGENDA # I (1)
WASTEWATER OPERATIONS:
Not, e:
MAINTENANCE ~ RESERVES FUND USER RATE ~r PROJECTED REVENUES
In order co fund present day proposed 0 ~ 1~ budget of $3,339,000
and fund present reserve requirements, we recommend an increase
of 0.0325/1,000 gal for 06[ H only for a total race of 0.725/1,000 pl.
PROPOSED
RATE
O & M 0.57511,000/gal O & M
Reserves 0.150/1,000/gal Reserves
Total 0~2~)D0~ml Total
PRESENT
RATE
0.5425/1,000/gal
0.150011,0001C~al
0.692511,0001~al_
PRO]ECl'ED FLOW
MINIMUM 15.9 mgd
AVERAGE 16.7 mgd
MAXIMUM 17.5 mgd
OPERATIONS ~ IqAINTENANCE
$0.575011,000 GALS.
$0.575011,000 GALS.
$0.575011,000 GALS.
$3,337,000
$3,505,000
$3,673,000
RESERVES FOR REPAIRS ~ REPLACE~IENT
MINIMUM 15.9 mgd
AVERAGE 16.7 mgd
MAXIMUM 17.5 mgd
$0.1511,000 GALS.
$0.1511,000 GALS.
$0.1511,000 GALS.
$875,0O0
$914,000
$958,125
RECLAIIq USER RATE sc PROJECTED REVENUES
Not:e:
Race established by Contract till Fiscal Year 2001/2002 co be $0.20/1,000 gal
for reuse water and $0.08/1,000 gal for storage, income projected this year
$323,000; Expendkures - $253,000. No increase in rate required.
Country Club of Florida
Delray Dunes
Hunters Run
Pine Tree
Quail Ridge
South Central Regional
RA~ ~IINI~U~I ~
0.20 $16,000 $26,000
0.28 20,000 20,000
0.28 51,000 51,000
0.28 24,000 40,000
0.28 123,000 180,000
0.20 6,000 6.000
$240,000_ 323,000
$35,000
38,000
51,000
35,000
205,000
8,000
$372,000
;~ ~ ~=~3uag011b
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
~-~._~-~._- ACTION OF JULY 19, 2001
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 19, 2001, by a vote of 6-0, approve AUTHORIZATION FOR ACCEPTANCE
OF 2001/2002 WASTEWA TER AND RECLAIM 0 & M BUDGETS AND WASTEWA TER
REPAIR AND REPLACEMENT EXPENDITURES (Sinking Fund).
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
day of , , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
AGENDA ~ I (2)
WASTEWATER OPERATIONS ~ I~IAINTENANCE BUDGETS
199 ! -2002
DESCRIPTION 1990-91 1998-1999
ACTUAL ACTUAL
SUMMARY TOTALS
PERSONNEL SERVICES $1,176,339
OPERATING EXPENSES: 1,775,732
$1,102,888
DRAFT
1999-2000 2000-2001 2000-2001 2001-2~,
ACTUAL BUDGET
$1,079,825 $!,207,000 $1,180,000 ~ $1,294,000
1,730,299 1,808,000 ' 1,772,000 1,940,000
TOTALPERSONNEL AND
OPERATING EXPENSES
0
132;867
2,761,383' 2,810,124 3,015~000
2,962,000 3,234,000
O: 50,000
as of 0812912001
PA,~ E 02
SONNEL
ACC:OUNT
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
NC). ~' - ..... 1990-91 1998-1999 1999-2000 2000-2001 2000-2001 2001-2002
ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
1212 REGULAR WAGES $840.485 $776,000 $771,326 $853,050 $830,000 $895,000
12121 SICK LEAVE REDUCTIONS 9,920 24,680 3,122 6,000 4,000 6,000
1214 OVERTIME 38,628 47,345 37,961 50,000 46,000 50,000
12151 EMPLOYEE ASSIST. PROG. 691 574 594 1,000 1,000 1,000
12152 PLANT PERFORMANCE 35,979 10.000 9,725 10,000 10.000 10,000
1221 SOCIAL SECURITY 71,154 67,888 64,558 75,000 72,000 79,000
1223 HEALTH INSURANCE 70,489 47.532 57,866 60,000 72,000 85,000
12231 DENTAL INSURANCE 6.498 5.815 5,992 7,000 7,000 7,000
12232 DISABILITY INSURANCE 8,325 5,546 5,630 7,000 6,000 7,000
12233 LIFE INSURANCE 2,060 1,036 1,056 2,000 1,000 2,000
1224 WORKERS' COMPENSATION 29,929 27,236 26,048 35,000 35,000 35,000
1225 UNEMPLOYMENT 885 1,715 2,289 2,000 0 1,000
1~?~6 PENSION 60,958 86,505 93,078 98,000 105,000 115,000
J PAYROLL CONTINGENCY 338 1.014 580 1,000 1,000 1,000
TOTAL PERSONNEL
SERVICES $1,176,339 1,102,886 1,079,825 $1,207,000 $1,190,000 $1,294,000
PAGE O3
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
SERVICES
ACCOUNT NO,
3100 MEDICAL SERVICES '-':~'-':~--
3110 LEGAL (GENERAL & ADMIN)
3112 LEGAL (TOXICITY)
3120 SERVICES (G & A)
3200 AUDITING
3400 PRETREATMENT
3402 TOXICITY TESTING
3404 CHEMICAL ANALYSIS
3406 METER CALIBRATION
3410 SLUDGE HAULING
3411 GRIT HAULING
3412 TRASH HAULING
3500 SERVICES (O & M)
TOTAL SERVICES
1990~1 1998-1999 1999~000 2000~00t 2000~001
ACTUAL ACTUAL ACTUAL
$81 $2,104 399 $1,000 $1,000 $1,000
30,452 5,427 10.126 17,000 17,000 25,000
39,986 0 0 5,000 0 2,000
19,564 9,942 5,173 9,000 7,000 9,000
16,497 18,000 21,081 20,000 20,000 24,000
8,328 5,769 28,923 7,000 7,000 7,000
14,375 17,837 18,284 20,000 17,000 12.000
2,145 3,753 3,818 4,000 10,000 10.000
7.028 6,453 7,016 8,000 8,000 8,000
564,572 446,752 480,892 476,000 449,000 500,000
20,897 41,408 58,449 55,000 75,000 76,000
1,088 0 0 2,000 1,000 2,000
17,687 48,577 47,441 56,000 50,000 50,000
$662,000
$742,680 $606,022 $681,602 $679,000
PAGE 04
,-.. ,- ERATIONS/MAINTENANC E~
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
ACCOUNT
1990-91
_____,__._.:- :z.,-r~_-
ACTUAL
4000
4020
4100
4102
4300
4302
4303
4400
4500
4600
4620
4630
z~900
~902
5~10
5420
~400
VEHICLE EXPENSE $6,996
BOARD CONTINGENCY 5,970
TELEPHONE 9,158
POSTAGE -
ELECTRIClTY 456,390
WATER 8,930
IRR. REUSE WATER 0
EQUIPMENT RENTAL 520
I NSU RANCE 81,089
M & R EQUIPMENT 127,747
M & R VEHICLES 5,130
M & R GROUNDS 2,959
M & R BUILDINGS 13,083
M & R UNSPECIFIED 19,623
ADVERTISING 1,115
LICENSE & PERMITS 2,609
MEMBERSHIP DUES & SUBSCRIP 2,123
TECHNICAL TRAINING 8,706
EDUCATIONAL EXPENSES 3,786
CAPITAL ASSETS 0
TOTAL OPERATIONSIMAINT. $755,934
1998-1999 1999-2000 2000-2001 2000-2001 2001-2002
ACTUAL ACTUAL B_U_D_G_EI ~ BUDGET
$5,199 $6,055 $8,000 $8,000 $8,000
2,004 2,817 3,000 3,000 5,000
1Z 189 12,664 12,000 12,000 12,000
2,553 3,049 4,000 4,000 4,000
427,062 422,036 425,000 510,000 545,000
11,626 11,134 12,000 12,000 12,000
0 6,143 10,000 6,000 8,000
1,725 98 2,000 1,000 2,000
68,854 73,108 120,000 105,000 81,000
36,082 34,543 40,000 30,000 40,000
4,742 6,439 7,000 6,000 8,000
14,960 6,502 5,000 3,000 3,000
5,109 5,836 6,000 6,000 6,000
19,986 17,2Z7 20,000 7,000 20,000
1,699 1,762 2,000 2,000 2,000
14,388 15,139 16,000 20,000 16,000
6,776 - 6,902 9,000 10,000 10.000
2,501 1,716 5,000 3,000 8,000
2,173 3,000 5,000 3,000 2,000
12,995 71,012 23,000 17,000 14,000
$652,623 $707,232 - $734,000 $768,000 $806,000
PAGE 05
CHEMICALS/SUPPLIES
ACCOUNT
5100 OFFICE SUPPLIES
5201 SAFETY SUPPLIES
5202 G~ ENERAL OPERATING
5203 JANITORIAL SUPPLIES
5204 LABORATORY SUPPLIES
5210 CHEMICALS
5220 OIL, FUEL, LUBRICANTS
5230 CONSTRUCTION MATERIALS
5240 UNIFORMS
5250 S MALL TOOLS < $500
5251 OFFICE EQUIPMENT < $500
5252 LAB EQUIPMENT < $500
TOTAL CHEMICALS/SUPPLIES
OPERATING EXPENSES (SUMMARY}
SERVICES
OPERATIONS/MAINTENANCE
CHEMICALS & SUPPLIES
TOTAL OPERATING EXPENSES
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
'1990-9'1 '1998-1999 1999-2000 2000-200'1 2000-200'1 200'1-2002
ACTUAL ACTUAL ACTUAL, BUDGET PROJECTED BUDGET
$7,215 $4,442 $4.393 $6,000 $5,000 $6,000
14,442 4,649 3,765 4,000 3,000 4,000
16,337 18.414 19,561 20,000 18,000 20,000
4,890 1,211 1,374 2,000 2,000 2,000
16,839 30,302 28,761 30,000 26,000 35,000
191.474 317,987 258,963 301,000 260,000 308,000
6,727 9.247 13,498 15,000 12,000 15,000
2,749 1,731 1,074 3,000 3,000 3,000
4,488 6,093 5,941 8,000 8,000 8,000
7,347 3,025 3,055 3,000 3,000 4,000
2,488 1,656 330 2,000 1,000 2,000
2,122 1,095 750 1,000 1,000 1,000
$277,118 $399,852 $341,465 $395,000 $342,000 $408/~
$742,680 $606,022 $681,602 $679,000 $662,000 $726,000
755,934 652,623 707,232 734,000 768,000 806,000
277,118 399,852 341,465 395,000 342.000 408,000
$1,775,732 $1,658,497 $1,730,299 $1,808,000 $1,772,000 $1,940,000
PAGE 06
OPERATING CONTINGENCY
ACCOUNT
SOUTH CENTRAL REGIONAL WASTEVVATER TREATMENT AND DISPOSAL BOARD
1990~1 1998-1999 1999~000 2000~001 2000~00t 2001~002
DESC~PTION ACTUAL ACTUA~ ACTUAL BUDGET ~ BUDGET
4990 OPERATING CONTINGENCY
TOTAL OPERATING
CONTINGENCY
$0 $0 $0
$0 $0
$0
__$50,000
$0
$50,000
PAGE 07
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
ACCOUNT 1990-91 '1998-1999 1999-2000 2000-200'I 2000-2001 200'1-200~
~ DESCRIPTION ACTUAL ACTUAL ACTUAL B_UD_G_E~ ~ BUDGET
3150 GENERAL ...... $106,314 $80,000 $39,301 $55,000 $20,000 $50;000
3160 BIOTOXIClTY 17,249 5,000 0 5,000 0 0
3162 PRETREATMENT 9,304 5,000 3,427 5,000 2,000 5;000
3163 THERMAL SCREENING 0 0 1,400 0 0 0
TOTAL ENGINEERING $132,867 $90,000 $44,128 $65,000 $22,000 $55,000
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
PERSONNEL
/~,CCT. NO. A~COUNT TITLE DESCRIPTION
1212 REGULAR WAGES
Base wages - 23 Employees 4 Administrative
4 Lab & pretreatment
10 Operators
5 Maintenance
Includes 4% average merit pay increase
5% salary adjustment (7) employees
$80,000 for Reuse (28.00/hr)
12121
SICK PAYREDUCTIONS
Employees have the annual option to
cash out (at 50% payment) all sick days
in excess of fifteen {15) accrued in sick
day bank.
1214 OVERTIME
Shift coverage as required for plant
operations. Employees working over
40 hours per week (excluding sick hours)
are paid at time and a half.
12141 Hurricane Watch
12142 Maintenance
12143 Shift 1 Coverage
12144 Shift 2 Coverage
12145 Shift 3 Coverage
12146 Training
12148 Holiday Coverage
12149 Lab/Pratreatment
12150 Special Projects
DRAFT
2001-2002
BUDGET
$980,000
Reuse (85,000)
Wastewater 895,000
6,000
3,000
5,000
6,000
6,000
6, DO0
2, DO0
16, DO0
4, DO0
2,000
50,000
12151 EMPLOYEE ASSISTANCE
PROGRAM
12152
PLANT PERFORMANCE
1221 SOCIALSECURITY/
MEDICARE
1223
12231
BLUE CROSS/BLUE SHIELD
HEALTH INSURANCE
DENTALiNSURANCE
Board cost: $2.25 per employee per
month. Provides family counseling and
referral services to em ployees and their
families.
Award given to those employees whose performance
has contributed to overall efficiency of Plant as
recommended by Executive Director and approved
by the Board.
Employer's estimated cost: 7.65%
currently = Social Security - 6.2%;
Medicare- 1.45%.
Board cost per employee is estimated @
$310.00 monthly. (Dependent coverage
not provided by Board).
Board cost per employee: $26.00 monthly
(Dependent coverage not provided by
Board).
1,000
10,000
79,000
85,000
7.000
AS OF 06/29200'1
PERSONNEL (cont.)
ACCT. NO.
12232
ACCOUNT TITLE
DISABILITY INSURANCE
12233 LIFE INSURANCE
DESCRIPTION
Long term disability insurance provided
by the Board at approximately 1% of 40 hour
base pay per employee.
cost: $0.66/$100.00 compensation.
Board provides $10,000 life insurance.
$.40 per $1,000.
1224 WORKERS' COMPENSATION on a 40 hour
200-2002
BUDGET
7,000
2,000
35,000
1225 UNEMPLOYMENT
1236 PENSION
1240
PAYROLL CONTINGENCY
TOTAL PERSONNEL
Paid on a reimbursable basis according
to claims received.
administrative fees.
40
lUs
Em Jal appreciation dinner
and I~ retirements,
recognitio~ , and safety awards).
1,000
115,000
1.000
$1,294,000
O~ERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES
SERVICES
/"~'~'ACCT. NO.
ACCOUNT TITLE
DESCRIPTION
2001-2002
BUDGET
3100 MEDICAL SERVICES
3110 LEGAL (ADMIN & LABOR)
3112 LEGAL ITOXIClTY)
3120 SERVICES:
General & Administrative,
3200 AUDIT FEES
Employee physicals, drug screens
Attorney fees:
31101 Admin - Federspiel
31103 Pension- Richard Burke
31104 Lewis, LOngman & Walker
Continuing Operationa Perm t Leg s ation
31121 Federspiel
31125 Lewis, Longman & Walker
31201 Accounting & Bookkeeping
31202 Computer Consultant
31206 Copier Maint_ Contract
31208 Others
32001 Annual Audit and special Pension Audit
$20,000
4,000
1,000
1,000
1,000
3,000
2,000
2,000
2,000
$1,000
25,000
2,000
9,000
24,000
3400
3402
3404
PRE-TREATMENT PROGRAM
TOXICITY TESTING
SLUDGE, LIQUID, CHEMICAL
ANALYSIS TESTING
Monitoring of program; required quarterly
effluent; influent and sludge pfiodty
pollutant scans, sample permitted facilities,
newspaper publications.
EPA/DEP: Discharge permit requires~
acute toxicity testing and chronic
toxicity testing
(1) Fecal, copper, and cyanide - monthly; (6)
heavy metals.
(2) Grease samples and 1 distilled water yearly
(3) Industry standards for certification
7,000
12,000
10,000
3406
METER-CALIBRATION
FLORIDA SERVICE
3410 SLUDGE HAULING
3411 GRIT HAULING
Calibration of transmitters, totalizers,
recorders, and flowmeter pump as required.
$3Q.77/1,000 gallons hauled. Est. 8 loads per
day average; haul based on short distance.
55 trips @ $950.00 per tdp; 40 trips O_. 600.00 per trip.
8,000
500,000
76,000
OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES (cont.)
SERVICES
ACCT. NO. ACCOUNT TITLE DESCRIPTION
3412 TRASH AND HAULING
3500 SERVICES:
Operations, Maintenance, &
Professional
TOTALSERVICES
Tipping fee for trash hauling.
35001 Centrifuge
35002 Air Scrubbers Balancing
35003 Generators
35004 Lawn Maintenance
35005 Admin. Building Cleaning
35006 Lab Equipment Calibration
35008= Other
35009 Contract Labor
15,000
2,000
5,000
18,000
8,000
1,000
2,000
1,000
2001-2002
2,000
50,000
$726.000
OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES
OPERATIONS/MAINTENANCE
ACCT. NO. ACCT. TITLE
DESCRIPTION
2001-2002
BUDGET
tO00 VEHICEE EXPENSE
Lease vehicle; Mileage reimbursement @
$0.34.5/mile; Fuel for company vehicles
1 leased automobile.
40001 Leased Vehicle
40002 Mileage Reimbursement
40003 Fuel for Vehicles
$4,000
1,000
3,000
$8,000
4O20
BOARD CONTINGENCY
Public relations, good will tours, floral
arrangements or fruit baskets, cards for
illnesses or funerals, and miscellaneous
business expenses:
40201 Board Expense: Appreciation
40202 Board Expense: Meals and Entertainment
40204 Board Expense: Travel Lodging
1,000
1,000
3,000
5,000
4100
TELEPHONE EXPENSE
Monthly base fees and long-distance usage
including Fax machine, 3 cellular phones and E-mail..
12,000
4102 POSTAGE
U.S, Mail
4,000
4300 ELECTRICITY
$.0607 per KWH including surcharge for
peak usage.
545,000
43O2
WATER CONSUMPTION
Budgeted for 500,000 gallons/month
12,000
43O3
IRR. REUSE WATER
Irrigation water cost 4,000,000 gal/month @ $.20/1000
8.000
.... "400
EQUIPMENT RENTAL
Cranes, various equipment, and instru-
ments as required in maintenance and
operations.
2,000
4500
INSURANCE EXPENSE
45001 Property Liability Package (B & M) (EDP)
45002 Vehicle Insurance
45003 Public Officials and Employees
Liability
45004 Fidelity and Public Officials Bond
45007 Petroleum & Tank Liability
65,000
7,000
6,000
2,000
1,000
4600 M & R EQUIPMENT
Annual repair items for pumps and plant
equipment
46001 Influent Building
46002 Aerators
46003 Blower Building
46004 Scrubbers
46005 Clarifier
46006 Return Building
46007 Chemical Building
46008 Chlorination
46009 EQ Building
46010 Effluent Building
46011 She p Building
46012 Office Building
46013 Dechlodnation
46014 Miscellaneous (GMS)
46015 Operators Office
46016 Lime Silo
3,000
2,000
4,000
4,000
1,000
3,000
5,000
1,000
1,000
1,000
1.000
1,000
1,000
10,000
1,000
1,000
81,000
$40,000
OPERATIONS/MAINTENANCE (cont.)
ACCT. NO. ACCT. TITLE
4620 M & R VEHICLES
4630 M & R GROUNDS
4640 M & R BUILDINGS
DESCRIPTION
Annual repairs for vehicles:
46201 Trucks and Tractor
46202 LeaSed Auto
46203 Service Carts
46204 Boom Lift
46205 Other
Landscaping, sPdnk!er Systems, retention
ponds, piping, fertilizer, etc.
rs,
g tiles, bulbs
3,000
5OO
3,000
1.000
5OO
2001-2002
BUDGET
8,000
3,000
6,000
4650
M & R UNSPECIFIED
4900 ADVERTISING
4902
5400
LICENSES AND PERMITS
MEMBERSHIP DUES AND
SUBSCRIPTIONS
Funds fo
equi
or
,upgrade
Advertisement and legal ad allowance
related to plant operation or bids and
public notices.
STATE
Lab Certification
Operating Permit
Storage Tank
Risk Management
PALM BEACH COUNTY
Air Pollution Licenses
Wellfleld Permit
Storm Water
Tags on Trucks
Wastewater
CITY & SPECIAL DISTRICT
Solid Waste Assessment/Lake Worth Drainage
Special District Fee
Other
Dues - Professional organizations
Professional Registration and licenses, journals
and subscriptions.
1,000
7,500
5O
1,000
9,550
100
75
500
200
2,150
3,025
2,400
175
850
3,425
20,000
2,000
16,000
10.000
OPERATIONS/MAINTENANCE (cont.)
ACCT. NO. ACCT. TITLE
5410
TECHNICAL TRAINING
5420
6400
EDUCATIONAL EXPENSES
CAPITAL ASSETS
DESCRIPTION
Operators' Short Schools, Regional schools,
Lab Technical, and Quality Assurance
Short Schools; Personnel Seminars and
technical conferences; computer classes
54101 Conferences
54102 Meals
54103 Travel & Lodging
54104 CEU courses
Classes, books & fees.
Purchase of needed Assets Required for
Continuous Operation and not amoritized in
Sinking Fund.
64014 Air compressor for shop
64015 Trash pump
64016 Used Golf Cart
64017 Samplerfor lab
2,000
1.000
2,000
3,000
3,000
3,000
3,500
4,500
2001-2002
BUDGET
8,000
2,000
14,000
TOTAL OPERATIONSIMAINT.
$806,000
OPERATING EXPENSES: SERVICES: MAINTENANCE; CHEMICALS & SUPPLIES
CHEMICALS AND SUPPLIES
ACCT. NO. AC. COUNT TITLE DESCRIPTION
2001-2002
51 00 OFFICE SUPPLIES
5201 SAFETY SUPPLIES
Co pier paper, stationery,
business cards, check printing,
genera offi(je supplies, & necessities.
Gloves, protective glasses, face shields,
heating protectiOn overboots, ear-plugs,
muffs, emergency eye wash Cartridge respirators,
gas cartrid
irators,
fr/test ampoules; I
dis absorb-
ents, ;Utralizers,
kit )r tubes,
sig fire
extinguishers and 3azardous
area lights, emergency small tools, safety
charts, books.
6.000
4,000
5202 - GENERAL OPERATING
SUPPLIES
5203
5204
JANITORIAL SUPPLIES
LABORATORY SUPPLIES
Operating supplies, raingear, hard-hats,
boots, drager tubes, gloves, hoses,
firehoseS, chart pens, charts, DO meters,
sludge jugs, flags, coffee supplies, water
cooler supplies, batteries, hurricane supplies,
and other miscellaneous supplies.
Mops, brooms, paper goods, brushes, all
necessary janitorial cleaning supplies.
Laboratory upgrades and replacements.
Reagents, glassware, replacement of equ~p-
merit, apparatus. Lab supplies consumed by
testing procedures including Chlodne Testing.
20,000
2.0C~
35,000
5210 CHEMICALS
52101 PolymeE 68,500 lbs @ $1.24/Ib.
+ $35,000 for new centrifuge usage
52102 Lime: Calculated 620 tons @ $105.00
per ton.
52103 Chlorine: 220 tons ~ $300.00/ton.
52104 Bisulflte: 345,000 lbs. @ $.10/lb
52105 Misc. Chemicals
52106 Caustic 8,500 gal ~__,$1.42 per gal
52107 Suffudc Acid 165,000 lbs. @ $.06/Ib.
$120,000
65,000
66,000
34,000
2,000
12,000
9,000
308,000
CHEMICALS AND SUPPLIES (cont.)
ACCT. NO.
ACCOUNT TITLE
5220
OIL, GREASE, DIESEL, AND
LUBRICANTS
5230
CONSTRUC'RON'MATERIAL
5240 UNIFORMS
5250
SMALL TOOLS AND EQUIP-
MENT PURCHASE
5251
OFFICE EQUIPMENT
5252 LAB EQUIPMENT
TOTAL CHEMICALS AND
SUPPLIES
DESCRIPTION
10,000 gallons Diesel fuel for generator, gas,
grease, oil, and lubricants for pumps and
mowers.
Walkways, signs, fencing, rails, platforms,
small shelters, concrete, etc. Additional office
and storage units.
Board participates 50% in uniform rental.
Board cost: $7.50/week. Provides five (5)
new sets of uniforms to non-renters each year
basis cost of $200.00 per employee.
Approved protective safety shoes: $85.00
employee per year. Annual prescription Safety
Glasses: $75.00.
Handtools, ddlls, bits, files, small toolboxes,
electrical equipment, and small maintenance
tools < $750.00 value.
Filing cabinets, chairs, calculators, adding
machines, office mats, shelves, printers,
tables < $750.00 value.
Magnetic stirrers, automatic titration attach-
ment, oxygen probe, and small equipment
< $750.00 value.
2001-2002
BUDGET
15,000
3,000
8,000
4,000
2,000
1,000
$408,000
ENGINEERING
2001-2002
ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET
3150 GENERAL 31501 Permit Assistance $25,000
31502 Process Control 25,000
$50,000
3160 BIOTOXICITY 0 0
3162 PRE-TREATMENT 5,000 5,000
TOTAL ENGINEERING
$55,000
$3,339,OOO
GRAND TOTAL BUDGET:
Iotus\bgt~rk01
WASTEWATER RESERVE FUND
200 !/2002
(REPAIR & REPLACEMENT FUND)
SPARE RECLAIM BLOWER
CENTRIFUGE REPLACEMENT PARTS
SAFETY RAILING RECLAIM FILTERS
TOTAL:
$15,000
12,000
8,000
$35,000
Iotus~reserv01
SOUTH CENTRAL REGIONAL WASTEWATER TREATI~ENT 8~ DISPOSAL BOARD
ANNUAL RECLAIt4ED BUDGETS: ACTUAL, BUDGETED, PROJECTED
2001-2002
ACCOUNT 1998-99 1999-2000 2000-200t 2000-200t 200t -2002
NO. DESCRIPTION ACTUAL. ACTUAL BUDGET PROJECTED BUDGET
R 12t2 REGULAR W~G~-'S~- $69,468 $73,103 $72,000 $79,000 $85,000
R 31101 LEGAl. 487 t56 1,000 500 5,000
R 31502 ENGINEERING 0 1,900 5,000 2,000 5,000
R 32001 AUDIT 2,000 2,000 2,000 4,000 2,000
R 3402 TESTING 5,270 5,124 6,000 4,500 6,000
R 3406 METER CALIBRATION 582 0 2,000 500 2,000
R35004 SERVICES (LAWN MAIN'F) 6,445 10,267 t2,000 ~12,000 12,000
R 4300 ELECTRICITY 102,062 92,761 80,000 99,000 110,000
R 45001 INSURANCE 1,597 4,357 5,000 6,500 7,000
R 46014 M & R EQUIPMENT 1,939 7,708 5,000 9,500 10,000
R 4640 M & R BUILDING 0 1,213 1,000 1,050 1,000
R 4902 LICENSES & PERMITS 0 18 t ,000 0 1,000
R 5204 SUPPLIES LAB 3,360 4,884 5,000 5,000 5,000
R 52103 CHEMICALS CHLOPJNE 32,929 3t,969 35,000 39,000 40,000
$226,139 $235,460 $232,000 $262,000 $291,000
LOTUS~REBUD01
AS OF 6/06/01
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
RECLAIM BUDGET
ACCT. NO.
ACCOUNT TITLE
DESCRIPTION
R 1212
REGULAR WAGES
Reuse charged ($28.001hr)
for work performed on system
R 31101 LEI~A~-
Atttorney fees associated with
reuse
R 31502 ENGINEERING
Engineering fees associated
with reuse
R 32001 AUDIT
Audit fees for reuse
R 3402 TESTING
Costs associated for lab fee
required by DEP
R 3406
METER CALIBRATION
Calibration of transmitters,
totallizers, recorders as required
R 35004 SERVICES
Cost incurred for maintenance
of=grounds associated with reuse
R 4300 ELECTRICITY
per KWH including surcharge for
peak usage
R 45001 INSURANCE
R 46014 M & R EQUIPMENT
property liability package for
reuse covered under plant
policy
Annual repair items for reuse
pumps & equipment
R 4640
M & R BUILDINGS
Cost incurred for repair of reuse
buildings
R 4902
LICENSE & PERMITS
Cost for State & local reuse
permits
R 5204 LAB SUPPLIES
Lab supplies consumed for
testing required by DEP
for reuse
R 52103 CHEMICALS
2001-2002
BUDGET
$85,000
5,000
5,000
2,000
6,000
2,000
12,000
110,000
7,000
10,000
1,000
1,000
5,000
Chlorine 133 tons ~ $300 40,000
per ton
TOTAL BUDGET:
$291,000
AS OF 610612001
Iotus~REBRK01
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 19, 2001
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 19, 2001, by a vote of 6-0, approve AUTHORIZATION FOR ACCEPTANCE
OF 2001/2002 ORGHNIZA TIONAL cHART.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
day of , , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
Requested City Commission
Meeting Date~-',':::~-
July 17,200l
[] August 7,2001
[] August21, 2001
[] September 4, 2001
VI.-CONSENT AGENDA
ITEH C.5
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to CRV Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August22; 2001 (5:00 p.m.)
Requested City Commission
Meeting Datos
[] September 19, 2001
[] October 2, 2001
[] October 16, 2001
[] November 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 200l (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Approve the proposal of Madsen, Kneppers & Associates, inc., for pre-htigation support services
in regard to the Smith & Company vs. City of Boynton Beach lawsuit.
EXPLANATION: The City Commission deems it appropriate to engage the services ofMadsen, Kneppers & Associations,
Inc., to assist the City with pre-htigation support services in the defense of a lawsuit by Smith & Company against the City of
Boynton Beach.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Department Head's Signature
City Attorney
Department Name
City Manager's Signature
A~/r~e~ / Finance / Human Resources
S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R01-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE PROPOSAL FROM MADSEN, KNEPPERS &
ASSOCIATES, INC., FOR PRE-LITIGATION SUPPORT IN
REGARD' TO THE SMITH & COMPANY LAWSUIT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City is currently involved in litigation with Smith & Company; and
WHEREAS, it is the recommendation of the City Attorney that the City approve the
if Madsen, Kneppers & Associates, I_nc, for pre-litigation support services;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
authorize and approve the proposal of Madsen, Kneppers & Associates, Inc., for pre-
litigation support services for the lawsuit entitled Smith & Company vs. City of Boynton
Beach, a copy of which proposal is attached hereto as EXhibit "A".
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this
day of August, 2001.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
City Clerk
(Corporate Seal)
S:'~CA~RESO~Agreements~rolx~sal for MKA.doc
JUL-I~-O1 09: t? Fl~OtSl:Gor~n Che~-o£ Omo~!y E2rol
~ates, Inc.
~ Construe'lion Consultania
1D:9~477145~3 PAGE
Fort La~-r~e, FL
........... em. afl:
luly 17, 2001'
DOODY & ~-~OL, P
3099 Fast Commercial Boulevard, Suite 200
Fort Lauderdale, Florida
Dear Mr. Tolees:
~ is ~leased to provide you with ~ foll~ iM'opo~al for pre-lifigalion s_upport
services or the above subjea c~e. I~ased on the SeOl~ of work dizcusr~, I off~ the
following:
8 hours · $1.30.00 $1,040.00
40 hours · $130.00 $ 5,200.00
32 houm · $130.00 $ 4,160.00
8hours ~ $130.00 $1,040.00
8 hmtrs ~ $130.00 $ L040.00
10 hours 05 45.00 ~
TCIr/'AL $12,930.00
~,,__~_ p ~t~__,m?_nt~y..?~,r~ sta.t~ent, u the ~ o~ work is increased ~or rev~w
prololl~ecl, actual ~tures raay m(xease.
If you have any questions, please call.
Madsen,, l(..n~tOo~,r~ & A~i~tes, Inc.
Vincent C. Vaulman
vcv:sws
raw3mut~ Rmum~ ~f Vineent C. Vaulman
Fee Sehed~e~ & Conditions
Angeles Fort Lauderdnle las Vq;~a~ Chicago ~an Diego ~3actameato Dltllaf/Fort Worth Atbnta
Vincent C. Vaulman
EXPERIENCE SUMMARY:
Mr. Vaulmah¥-~-~E sen/or construct/on consultantw'~th experience'
in all areas of project management with proficiency
construction cost estimating and project
determined, entitlement issues,
schedule analYSis Onbo~ public and
has test/fled as a SChedule expert and,
He received his Bachelor of Science degree in Civil
Degree in Construction
inspector and bmlding
International.
His work experience includes employment with an intemation, ally reco~zed cOnstructor.
architect/engineer where, as a Cost Engineer, he was responsible for performing civil and
mechanical estimating on numerous multimilli°n dollar construct/on projects sPecifically
power, wastewater ,t~re~atment and industrial facilities. He als~ served as Lead
Eng/n~er/ng Planner/Scheduler and Resident Engineering Planner/Scheduler: responsible
for the development and implementation of various schedule-related tools that utilized
Project~2 sotkware applications.
As a construct/on consultant, clients have included law firms, electric utilities, contractors,
insurance companies, sureties and OWners. l. nvolvement with clients has included
resolution of c~nstruction .claims relative to industrial, mUn/cipal, i commercial and
residential structures: contract and change order analYSes, critic, al path sChedule/delay
analysis, cost estimating and litigation support. Primavera software is utilized when
project schedules are developed, delay analy~es are performed, and alii other sCheduli.n, g
functions are under. Each of the mor~ than 200 projects he has been involved: with
has required` thorough site inspecti°ns and a COmplet~ k~owledge of, preva!ling building
c. odes. Damsge claimed on these conStruction related project~ have rt[nged in ~alue from
$500 to $10,000.000. All have required extensive verbal and written communications with
respective clients.
In addition, Mr. Vaulman has assisted the/r~urance industry and their representatives in
the resoluti°n of proper~y loss claims by prov/dinE damage a~. ament~ a~d cost/schedule
repair estimates. He has also advised the indu,~try on code compliance issues. He has
provided litigation suppm, t ~o law firms, contractors, owners and insurance carriers on
construction defect, delay and acceleration claims.
WORK HIKI'ORY:
1990- Present ' Senior Consultant - Madsen, Kneppers & Associates, Inc., Ft.
Lauderdale, Florida
Vincent C. Vaulman,
WORK HISTORY, (eontiaued)
1985 - 1990 Consultant - J. E. Manzi & Associates, Inc., Littleton, Colorado
1984 - 198~ Consultant - Kellogg Corporation, IAttleten, Colorado
1981 - 1984 Cost/Schedule Engineer - Bechtel Power Corporation, Ann Arbor,
Michigan
EDUCATION:
B.S. Degree. Civil Engineering, Illinois lnzt. itute of Teehnoloily, 1981
M.S. Degree, Construction Management, Florida Inter2zational University, 1999
-PROFESSION~ CERTIFICATIONS AND SOCIETIES.-
Stata of Florida General Contractor, License Ho. CCrC-0610O8 (Inactive)
State of Florida Building Inspector, Lieenaa No, 0003007
State of Florida Buildin~ Planz Examiner, License No. 0001670
AACE Certified Cost Engineer--Certification Bio. 01332
Certified SBCCI Building Lnspector-Re~istration No. 6275
CertiFied SIlCCI Building Plan Examiner, Re~srration No. 1425
American Society of Civil Engineers
.lACE International
Southern Building Code Congress
PUBLICATIONS:
"The Role of Schedules in Construction Delay Claims," published in Construction Ink,
Fall, 1996.
GUEST
Claims Avoidanoe Semh~ar fol' the Construction Association 'of South Florida, February,
1993
Sick Building SYndrome Claims Resolution; presented to the Construction Law Committee
of the Broward County Bar A~ociation, January 19, 1994
Determination of Entitlements and Quantification of Damages; Presented to the Greater
Miami Section o£AACE International on March 13, 1996
ates~ Inc.
FEE SCHEDULE
October 1, ~00
Professional ServiCt~
Project Consultant
Senior Consultant
Consultant
Assodate Consultant
Senior Analyst
Junior Analyst
Graphics Preparation / Technical Support
Support Services
Expert Testimony (Minimum 4 hours per day)
When on-site work is performed outside
contiguous 48 states
the
Reimbursable
Public transportation, subsistence, inddental expenses
incurred during travel
Document reproduction, photocopying, long distance
telephone and shipping ~arges
Expended materials bar field or office use, rental of
equipment, fees advanced on client's behalf
Film processing
Subcontractor or subconsultant services
Use of company or personal automobiles
Video recording
_Photocopying (in-~use)
Report binding (in. hour)
$ I45.00
$130.00
$120.oo
$110.00
$10o.00
$ 95.oo
$ 85.00
$ 75.00
$65.oo
$ 45.oo
150% of above rates
I25% of above rates
At CO~t plus 10%
At Cost plus 10%
At Cost plus 10%
At Cost plus 10%
plus $5.00 per roll
At Cost plus 15%
$ 0.40/mile
$40.00 /
tape
$ 0.15/ sl~eet
$15.OO / volume
JUL-tS-al
FROM ;Goren Chmrof
4993
~MS & CONI)mONS_
PAGE
~ ~t~ Or ot~ ~ or ~ ~ out o[ ~ M~ic~
~m dele~ any su~ sulLq at ~ ~ ~ ~ e~ ~ ~t. '
May 4, I~
Requested City Commission
Meeting Date~--~-
[] July 17, 2001
[] August 7, 2001
[] August21, 2001
[] September 4, 2001
VI.-CONSENT AGENDA
ITEM D.1
CITY OF BOSTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to CiB, Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October 2, 2001
[] October 16, 2001
[] November 6, 2001
Date Final Form Must be Turned
in to CiW Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATUIIE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please maintain this request on the August 7, 2001 City Commission Agenda under
Consent. The Planning and Development Board with a unammous vote recommended that this request be denied due
to lack of hardship. For further details pertaining to this request see attached department of Development Memorandum
No. PZ 01-108.
EXPL~kNATION:
PROJECT NAME:
AGENT:
OWNI~R:
LOCATION:
DESCRIPTION:
MARIE PREMIER
Nixon Marc
Marie Premier
1521 NE 2na Street (Lot g41, Block 17, First addition to Rolling Green Subdivision)
Request relief from the City of Boynton Beach Land Development Regulations, Chapter
2, Zoning, Sec. 4.B, requiring a minimum rear setback of twenty-five (25) feet, to allow a
16.58 foot variance and a 8.42 rear yard setback for a tool shed on a R-1-A zoned parcel.
PROGRAM IMPACT:
N/A
FISCAL IMPACT: N/A
Dev l~tfi'edi ]De~ent Dir~or
City Manager's Signature
~'&'-"~-~ &Zo~g~t(~rPlanning / '~ City Attomey / Finance / Human Resources
SSPIanni~gXSHARED\WPWROJECTShMarie E. Premier \CC Second Agenda Request 7-17 postponed.dot
SSBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #01-108
Staff Report for
Planning and Development Board and City Commission
Meeting ~-~_
Date: June 26, 2001
File No:
ZNCV 01-010 Rear setback from property line
Location: 1521 NE 2nd Avenue (Lot ff,-41, Block 17, First Addition to Rolling Green subdivision)
Owner:
Marie E. Premier
Project:
Request:
Tool shed addition to a single-family house zoned R-1-A
Request for a variance from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 4.B, to allow a 16.58 foot reduction from the minimum of
twenty-five (25) foot rear setback required by code for a tool shed on a R-I-A zoned
property, resulting in a 8.42 rear yard setback.
BACKGROUND
The subiect property and neighborhood are currently zoned R-1-A, single-family residential, and within
the First' Addition to Rolling Green subdivision. The property is located on the west side of NE 4~ Street.
Existing lot dimensions are the same as approved by plat in 1986 (see Exhibit "A" - location map). The
applicant has requested relief from the above-referenced code requirement to allow for the Continued
existence of an approximately 224 square foot tool shed built within the rear yard set back. The tool
shed measures sixteen (16) feet by fourteen (14) feet,.and eight (8) f~et height (see Exhibit "B" - shed
floor plan). For a shed with those dimensions the code requires a twenty-five foot (25) rear yard
setback. The applicant placed it at 8.42 feet from the rear property line (see Exhibit "C" - survey).
Alternatively, if the improvement was not greater than one-hundred (100) square feet, and not higher
than seven (7) feet, the minimum required setback would be reduced to three (3) feet, side and rear,
providing that no easement is encroached.
Permits were not pulled for the work, and consequent y, the project was cited. In response to the
citation, the applicant has submitted this variance request in hopes of obtaining the necessary permits at
a later day, and thus rectifying the code violation.
ANALYSIS
The code states that the zoning code variance can not be approved unless the board finds the following:
a. That special conditions and circumstances exist which are peculiar to the land,
bo
structure, or
building involved and which are not applicable to other lands, structures or buildings in the same
zoning district.
That the special conditions and circumstances do not result from the actions of the applicant.
That granting the variance 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.
Page 2
File No. ZNCV 01-010
do
That literal interpretation of the provisions of this ordinance would deprive the applicant of rights
commonly ¢njoyed by other properties in the same zoning district under the terms of the ordinance
and woul-d work unnecessary and undue hardship! on the applicant.
e. That the variance granted is the minimum variance that will make possible the reasonable use of
the land, buildin-~g;:~-structure.
the variance 'will be in harmony with the general intent and purpose of this chapter
and that such Variance will not be ir~jurious to the area involved or o~herwise detrimental
to the public we/fare.
According to the app icant's responses to the above criteria (see Exhibit "D") it is the position of staff
that the applicant fails to satisfy hardship conditIons for'the follow~ng reasons:
i)- No circumStances appear to be peculiar t° the land on which the structure is built. The subject
parcel'S size and dimensions, as approved by plat, meet the current code requirements for a R-I-A
this
~s made necessary by actions taken by the applicant; and
r;oncu¢ With the position of the applicant in reference to the criteria 'd" above that if
demed she will be ...deprived of ce¢a/n '~ghts. The. subject property contains
the Construction of a smaller shSd within the reqUire~t setbacks, and thus making
)le use of the property.
Howevgr, staff realizes that the subject structure impacts into the neighborhood' will be minimized due to
the lack of visibility from adjacent properties. Thereforel'~staff feels that the variance request will not be
injurious nor detrimental 'to the public welfare.
similar ~
within the
b~
I area and it was observed that none of the adjacent properties have
I should be noted that City reco!ds show tha( a total of twelve (12) properties
Gree~ First Addition subdivision have been the subjeCt of variances aPproved since
~ of tb ~Se var ances have relieved code requirements for lot area, °nly one (1)has
:
fora rear setback for an addition attached to the main bui ding.
rear
al
RECOMMENDATION
this request for relief from
~riance within the R-1-A zoning
re
~ning and Development Board or City Commiss
r 2, Zoning, Section 4.B, to allow a 16.58 foot
denied due to the lack of traditional hardship,
improvements and unit layout on a standard
', any conditions of .,a, pproval added by
be pladed in Exhibit "E.
the con
icate
the following
;en reviewed by the city using more than the
greater emphasis on economic potential,
For this reason, and to indicate
)rmation:
request is not fOr the mai
another to the rear I
construction of the s~
Approval of this varian
construction of improvements
but for an ancillary use: a tool shed;
(2) adjacent neighbors, one to the side and
3port are for the
and
as support.of or justification for
MPJJA Attachments S:~Planning\SHARED\W variance setbackZdoc
M;
MAP
EXHIBIT "A"
EXHIBIT "B"
· ,' ' - 'II I'1 ' ".
EXHIBIT'.. C.:.',,,..,.
'BOUNDARY SURVEY
FOR: MARIE E. PREMIER
20' -
N.C. 15i'h AVE.
N.C. ISi'h COURT
N.C. l& I'h AVE.
LOCATION SKETCH
NOT Ta SCALE
BOYNTON BEACH BLVO
FOUND
Z"X2" CONC HON I
I
WITH IRON Rog
[01'3
BLOCK 17
5' IJ'rlLr~ __
EASEMENT
LOT 4.2
BLOCK 12
PLAT: 87°56'30''
PLAT = 107.00
16.1
WOOD
SHED '-"
FOUND 31&' IRON
PIPE, NO CAP
0.27 NORTH AT BASE
OF CONC FOR FENCE PO~T
WITNESS CORNER
PROPERTY ADDRESS: 1521N.E. 2ndSTREET BOYNTON BEACH, FLORIDA 33
LEGAL DESCRIPTION: LOT ~1, BLOCK 17, First Addition to ROLLING GREEN,
ACCOROING T0 THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2&, ON PAGE
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
5AID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA·
SOUTH RIGHT-OF-WAY LINE FOUND
N.C. 15TH AVENUE 1/l' IRON ROD. CAP DESTROYED
MEAS = 91 5L"~ I FOUNO
MEAS 107.21 rx2"caNc MON. ~
= WITH IRON ROD
FENCE POST I
ON UNE
ASPHALT
~ DRIVEWAY
¢¢152i z
~ LOT r.,.i', BLOCK 17 . lz.o
, 10.0
ONE STORY
CONE.
'PLAT = 110.~.4-
PLAT REFERENCE ANGLE
87°56'30"
LOT ~.0
BLOCK 17
~ 25.00 .
ORD ANEL
PLAT = 17~°i'
I
,.-, ,~ MEAS: 172°
N
-I ~ ' ~ ~' SET 1/Z'IR0, ROE
M~AS = 110.56
~%¢ ~ ARC L~GTH = 22.78g
75.00
OISTANCH = 22.70 M
FaUNa 3/~" IRON ROg
NO CAP
CHORD ANGLE
PLAT=79~1]'56'' MEAS=~0%
Statements of special conditions and hardships.
EXHIBIT "D"
1- I had to build the shed in this area in my backyard, because of the utility easement
arid a tree located at the south side of the backyard.
I always wanted to build a shed in the backyard, and always knew that the way
it's 1-aid~oa-t and where the utility easement is located, did not leave me much
choices.
3- Some of my neighbors do not have a shed in their backyard, by they built patio or
extended their back porch, thus this will not ~ant me any special privileges.
I believe that if I am deny this shed I will be deprived of certmn rights, using
space available in my backyard to build a shed, and not being a nuisance for my
closest neighbors.
The shed is built strong, it is not a danger to me nor to my neighbors. Although
getting this permit will mean a lot to me, but according to the facts stated above,
issuing me this permit will be minimal.
I know that I unintentionally violated a few rules, but the main reason why this
chapter stated is the safety and welfare of the public. I know that for fact that I
did not violate this part. To support my conviction I have enclosed a letter from
my closest neighbors.
I thank you in advance for your understanding.
Marie premier, proud resident of Boynton Beach.
EXHIBIT "C"
Conditions of Approval
Project name: Marie E. Premier
File number: ZNCV,01-010 (rear yard setback)
Reference: Zoning Cod ~ Variance Application dated May 17, 2001.
DEPARTMENTS C J T
PUBLIC woRKs
Comments: None X
UTILITIES , . ·
x
Comments: None
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUll,DING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTAI,IST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL pLANNING AND DEVELOPMENT BOARD CONDITIONS
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
1. To be determined.
S:\PLANNiNG\SHARED\WP\PROJECTS'~'~,RIE E. PREMIER ZNCV 01-010\CON£
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: MARIE E. PREMIER VARIANCE
APPLICANT'S-AGENT: Marie E. Premier
APPLICANT'S ADDRESS: 1521 NE 2nd Avenue
DATE OF CITY COMCv~rSSION PUBLIC HEARING: August 7, 2001
TYPE OF RELIEF SOUGHT: Rear yard setback from property line
LOCATION OF PROPERTY: 1521 NE 2n~ Avenue
DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appe~aring 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 fi~ds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
X HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "E" with notation "Included".
4. The Applicant's application for relief is hereby
GRANTED subject to the conditions referenced in paragraph 3 hereof.
X DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
S:\PLANNIN G\SHARED\WP\PROJ ECTS~/vtARIE E. PREMIER ZNCV 01-010\DEVELOPMENT ORDER REAR SETBACK.DOC
Requested City Cornm_ ~i_s_s_io_~n _
Meeting Dates
[] July 17,2001
[] August 7,2001
[] August 21, 2001
[] September 4, 2001
VL-CONSENT AGENDA
I'TEM D.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
~n to Ci~' Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October2,2001
[] October 16, 2001
[] November 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Heating [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please place this request on the August 7, 2001 City Commission Agenda under
Couseni Agenda. The Planning and Development Board with a vote of 6 to 0 recommended that the subject request be
approved subject to all staff comments. For further details pertaining to this request see attached Department of
Development Memorandum No. PZ 01-142.
EXPLANATION:
PROJECT NAME:
AGENT:
OWNE~:
LOCATION:
DESCRIPTION:
QUANTUM LOTS 73A - 76
Winston Lee, ASLA, AICP
Boynton Industrial Realty Corporation
Lots 73-A, 73-B, 74, 75, and 76 of Quantum Park, A P.I.D.
Request to construct a one-story, 196,486 square foot office/warehouse building on a 13.75-acre
parcel. Of the total building area, 39,297 square feet or 19.9% will be allocated for office use.
PROGRAM IMPACT: N/A
FI'SCAL IMPACT: N/A
ALTERNATIVES: ~
City Manager's Signature
/,,_.-., .~.
Planning &~Zoni~g Dire~t-fv/ City Attorney / Finance / Human Resources
S:kPIanningKSHARED\WPxPROJECTS\Quantum park lot 73a-76XAgenda Item Reqnest Form 8-7-01 .dot
S:kBULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 01- 142
S TE PLAN REVIEW STAFF REPORT
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
July 12, 2001
DESCRIPTION OF PROJF_C~_
Project Name/No.: Quantum Park Lots 73A -76 / NWSP 01-003
Property Owner:
Applicant:
Agent:
Location:
Land Use/Zoning:
Boynton Industrial Realty Corporation
Premier Asset Management, Incorporated
Winston Lee, ASLA, AICP (Winston Lee & Associates)
Lots 73-A, 73-B, 74, 75, and 76 of Quantum Park, a P.I.D.
Office and Industrial/PID (Planned industrial District)
Type of Use:
Project size:
Office / Warehouse
Site Area: 13.75 acres
Building area: 196,486 square feet (32.8%)
Adjacent Uses:
Site Characteristics:
Proposal:
(see Exhibit "A" - Location Map)
North Carmax on Lot 77 of Quantum Park, zoned PID;
South
East -
West
Ademco Distribution (warehouse) at 3020 High Ridge Road, zoned M-l; ~
C.S.X. Railroad right-of-way, farther east is Interstate 95 right-of-way;
High Ridge Road right-of-way, farther west is Lots 56 & 57 of Quantum Park PID,
vacant, zoned PID.
The subject site is rectangular-shaped, comprised of five (5) separate lots which will be joined
together by a unity of title. The property is located in the southeast corner of the Quantum Park
PID. High Ridge Road flanks the site to the west and the C.S.X. Railroad to the east. At
present, a shellrock road traverses the property's eastern perimeter. This road runs parallel to
the west of the C.S.X. railroad tracks. These railroad tracks run in a northwesterly direction,
eventually terminating into a railroad spur, forming the subject property's northern boundary.
This railroad spur separates the subject site from the Carmax facility to the north.
The Soil Survey for Palm Beach County Area, Florida indicates that the site co ntains ScB St.
Lucie Sand. St. Lucie Sand consists of nearly level to sloping excessively drained deep sandy
soil on tong narrow dune-like coastal ridges and knolls. The water table is below a depth of six
(6) feet. The entire site can be categorized as disturbed Australian pine forest and old-field
conditions dominated by dense stands of Australian pine trees. There are no wetlands or
wetland conditions identified on site during this investigation. Two inactive gopher tortoise
burrows were identified and tagged with survey ribbon. This Species of Special Concern can be
relocated with a permit from the Florida Fish and Wildlife Conservation Commission. No other
protected plants and animals were observed' utilizing this site during the survey period.
This proposal is to construct a one-story, 196,486 square-foot office/warehouse building o~'
13.75-acre parcel. Of the total building area, 39,297 square feet or 19.9% will be allocated for
office use. The design of the building will accommodate many individual tenants. As currently
Page 2
Quantum Park Lots 73A - 76 - Site Plan Review Staff Report
Memorandum No. PZ 01-142
Concurrency:
a. Traffic-
Driveways:
Parking Facility:
b. Drainage-
Landscaping:
proposed, the specifications for each bay area are conceptual and may vary in order to satis-fy
the needs of the individual tenant and applicable codes. Five dumpster enclosures will be located
to the rear of the building next to the loading docks. As reqUired by code, fifty-eight (58)
overhead doors for loading zones are proposed in the rear of the building (see east elevations).
The entire project isto be constructed in one phase (see Exhibit "B" Proposed Site Plan).
A traffic statement for this' project was submitted and was sent to the Palm Beach County
Traffic Division for their review and approval. The Palm BeaCh County Traffic Division
determined the project met the Traffic Performance ,~;tandards of Palm Beach County.
Conceptual drainage information was provided for the City's review. The Engineering
Division is recommending that the review of specific drainage solutions be deferred until
time of permit review.
On-site traffic circulation, will consist of four (4) proposed two-way driveways providing access
from High Ridge Road. Under normal circumstances, no more than two intedor entrances per
developable parcel are permitted. The four entrances are allowed however because the project
is comprised of five (5) separate lots. The north and south entrances have been approved for
driveway width waivers because at 40 feet, they exceed the 32-foot maximum driveway width
requirement.
A total of 328 parking spaces are required for the proposed use based on the ratio of one (1)
space per 800 square feet of warehouse floor area and one (1) space per 300 square feet of
office area. The total number of parking spaces provided equals 400; of which, eight (8) spaces
are designated for handicap use. All 90° spaces; except the eight handicap spaces will be
dimensioned nine feet by eighteen feet (9' x 18') and will include wheelstops. The parking
spaces and drive aisles will surround all sides of the building, except in locations where loading
zones are proposed. All handicap spaces will be located in the front of the building, closest to
the proposed building entrances.
At present, the site contains an abundant collection of exotic vegetation consisting mostly of
Australian Pine trees. As proposed, the landscape.plan exceeds the minimum landscape
requirements as set forth in the City Code. The proposed pervious or "green" area is 135,979
square feet or 22.7% of the total site. Currently, the swale of the High Ridge Road right-of-way
contains full grown Black Olive trees. These Black Olive trees will remain in place except in
those areas where new entrances are propoSed. At these new entranceways, the Black Olives
will be replaced with Dahoon Holly, Washington Palm, or Live Oak trees. These replacement
trees are in compliance with the current landscaping code.
Live Oak trees will be planted every 20 feet in the front landscape buffer along High Ridge Road.
In addition, the front landscape buffer will consist of Redtip Cocoplum hedges, Dwarf Schefllera
shrubs, and clusters of Pittosporum shrubs.
The interior and terminal landscaped islands in the parking area in front of the building will have
clusters of Cabbage Palms and Royal Palm trees m~xed with Dwarf Shefflera shrubs and
Evergreen Liriope groundcover planted at the base of the trees. The front of the building will
have a row of Hibiscus shrubs with Viburnum shrubs planted along the sides. The five (5)
dumpster enclosures located at rear of the building will have landscaping on all three (3) sides.
This landscaping will consist of Foxtail Palm trees and Hibiscus hedges.
In the north side landscape buffer, Washington Palm trees will be planted every 20 feet with Wax
Myrtle shrubs planted at the base to screen the vehicular use area from the C.S.X. railroad spur.
Page 3
Quantum Park Lots 73A - 76 - Site Plan Review Staff Report
Memorandum No. PZ 01-142
Live Oak trees and Redtip Cocoplum hedges will also be planted in the parking area north
building. Dahoon Holly trees and Wax Myrtle hedges will be planted along the southern property
line in the south side landscape buffer.
12-foot-wide eastern I
eastern property line run
Pall
ouganvillea
~ar of the building with the
g the
Date
be planted in
plan for the
Building and Site:
Community Design:
Signage:
Building and site regulations wil be fully met. when staff comments are incorporated into the
permit drawings.
The proposed building will be a one-story structure with the top of the parapet (flat roof) to be 33
feet in height; The building front will be 986 feet in length and 224 feet - 6 ~ inches in depth.
Eight, (8) entrance features will interrupt th~ of the front fa(~ade. The four (4)
false '!towers" will be 45 feet- 5 inches pitched roof. The architectural
design wilt consist of Benjamin Moore Fi: concrete walls painted light
yellow (Benjamin Moore # 918~ (3) rows ,~ three-inch wide reveal score lines
painted very light green the eight (8) entrance features will
be finished with Benjamin Moore Extra Course - Texture on Tex-Cote concrete walls painted
light tan (Benjamin Moore # with the front entrance
features and their
sh
doors will the same appearan
zoned areas will :be located i~ the rear
from High Ridge Road.
Road, has been appropriat~,~-~
area. Each window on the fr(~)
The windows will be tinted da'?~
Dade County approved
Moore # 622). The entrance
bay doors in the loading
so that they will not be visible
sides of
range
1,210.5 squl
on all building s des. Eight (8) wall signs are proposed on the west
~ Ridge Road. Two (2) wall signs are proposed on both the north and south
Ten (10) wa I sigr~s are proposed ~n the rear of the building on the east
visible from the I ~r. The sizes of the wall signs will
uare feet to 140 y they may not exceed
be submitted as part of this plan
monument signs are proposed at
:: and northernmost entrances. These monument signs will be 12 feet in length
the Quantum Park PID.
RECOMMENDATION:
Staff recommends site plan ap
Technical Review Committee (
plans submitted for building permit.
xc.' Central File
~bject to the comments included in Exhibit "C" - Conditions of Approval. The
lendS that the deficiencies identified in this exhibit be corrected on the
Page 4
Quantum Park Lots 73A - 76 - Site Plan Review Staff Report
Memorandum No. PZ 01-142
,CFRMAIN~SHRDATA~Olanning~HARED~WP~PROJECTS\Quantum park lot 73a-76'~Staff report NWSP 01-003.d0c
LOCATION MAP
Quantum Park Lots 73A-76
EXHIBIT "A"
\
'NO+
iN
cITY
M1
K OF coMME
~UANTL! M PARK)
SITE
I/8 MILES
i
I
X
X
LB
'r
X
LLI
LU
' !
X
III
EXHIBIT "C"
CONDITIONS OF APPROVAL
NEW SITE PLAN
Project name: Quantum Park Lots 73A-76
File number: NWSP 01-003
Reference: 2na review plans identified as New Site Plan. File # NWSP 01-003 with a June 26, 2001
Plain" md Zoningr-] :tment date stam marking.
DEPARTMENTS INCLUDE: REJECT
PUBLIC WORKS - General :
X
Comments: None
PUBLIC WORKS - Traffic
Comments: None ~: X
UTILITIES
Comments: None ~ X
FIRE
Comments: None
POLICE
Comments: None
X
ENGINEERING
Comments:
1. Add a note to the site and civil plans ghat the lighting fixtures shall be ~ X
_ photo-electrical control and to remain on until 2:00 a.m.
operated
by
(IJDR, Chapter 23, Article ID. ~: ,
BUILDING DIVISION
Comments:
2. At time of permit review, submit signed and sealed working drawings Of X
the proposed construction. ~ /
PARKS AND RECREATION
COA
07/25/01
2
DEPARTMENTS INCLUDE REJECT
comments: None X
, ~r
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING '
Comments:
3. The total square footage for all wall signs shall be no more than 1,210.5 X
square feet. The project is permitted to have a wall sign allocated to each
tenant provided, however, that the cumulative area of all signs shall not
exceed the maximum allowable area.
4. Indicate the official Future Land Use designations and zoning district of X
the adjacent properties on the site plan.
5. An administrative waiver will be required for the driveways shown at the X
north and south ends of the site. They are depicted as 40 feet in width,
which exceeds the 32 foot allowable width as required by Code.
6. The configuration of the parking lot and the total number of parking X
~paces must match between all plans. Currently, the parking lot on the
Photometric plan does match the site plan or landscape plan.
7. The landscape plan's tabular data indicates six hundred ninety-eight (698) X
Jasmine volubile (Wax Jasmine) plants but graphically shows eight
hundred forty-eight (848) plants. This discrepancy between the two must
be corrected so that they match.
8. e proposed Chrysobalanus icaco (Redtip CocoPlum) which form a X I
continuous hedge along the front landscape buffer shall be installed at 24"
in height but maintained no less than four (4) feet nor greater than six (6)
i'eet in height. In addition, it shall be installed with 24 inches in spread
and planted with tip to tip spacing immediately after 'planting to adequately
cover the planted areas on the (Chapter 7.5, Article II, Section 5 E). The
landscape plan is not in compliance with this requirement because the
plant list indicates that all proposed Redtip Cocoplum will be planted 24"
in height with 18" spread.
9. Provide a letter of approval from the Quantum Park Architectural Review X
Committee.
I
COA
07/25/01
3
DEPARTMENTS, INCLUDE
ADDITIONAL FE~q~ING AND DEVEOPMENT BOARD CONDITIONS
Comments: None ! X
ADDITIONAL CITY' COMMISSION CONDITIONS
1. To be determined.
\\CH\MA N\SHRDATA\Planning\SHARED\WP\PROJECTS\Quantum park lot 73a-76\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Quantum Park Lots 73A through 76
APPLICANT'S AGENT: Winston Lee, ASLA, AICPANinston Lee & Associates, Inc.
APPLICANT'S ADDRESS: 2100 Park Central Blvd. North, Suite 900, Pompano Beach, Florida 33064
DATE OF HEARING~IFICATION BEFORE CITY COMMISSION: 08/07/01
TYPE OF RELIEF SOUGHT: Request approval for the construction of a 196,486 square foot office /
warehouse building located on 13.75+ acres in Quantum Park.
LOCATION OF PROPERTY: Lots, 73A, 73B, 74, 75, and 76 Quantum Park
DRAWING(S): SEE EXHIBIT" A and B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of heating 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
requ'lrements of the City's Land Development Regulations.
The Applicant
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
XGRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED:.
j:,~SHRDATA',P~anning~SHARED\WF~PROJECTS'tQuanturn park lot 73a-76\DO.doc
City Clerk
Requested City Commission
Meeting Dates ......
[] July 17,2001
[] August 7, 2001
[] August 21, 2001
[] September 4, 2001
VI.-CONSENT AGENDA
ITEM D.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October2, 2001
[] October 16, 200l
[] November 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3,200l (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please remove this request from the August 7, 2001 City Commission Agenda under
Consent Agenda. The application has been withdrawn bythe applicant. For further details pertaining to this request see
attached Depatunent of Development Memorandum No. PZ 01-147.
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
PROGRAM IMPACT:
HOTEL APARTMENT DEFINITION/CANDLEWOOD TOWER PLAZA
William Thomas
Estelle Blumberg &Mega Mini Co. Ltd
Northeast comer of Congress Avenue & SW 30t~ Avenue
Request to amend the Land Development Regulations, Chapter 1 Article 2 "Definitions" by
amending the definition for a "Hotel Apartment" to eliminate the maximum percentage of
apartment suites allowed. ~
N/A ~'~-P'a~
FISCAL IMPACT: N/A
D ev e~-n~ b ~ a~'~e~t-D~'~ c t or
City Manager's Signature
Plan~mg & Zoning/D{r~-ctor City Attorney / Finance / Human Resources
S:XPlanning\SHARED\WP~ROJECTS\CANDLEWOOD TOWER PLAZA\CDRV~Agenda Item Request 8-7-0l 1 .dot
S:\BULLET1N~ORMS",AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 01-147
TO:
FROM:
DATE:
SUBJECT:
Chairman and Members
Planning and Development Board
Director o~rtning and Zoning
Jose R. Alfaro ~¢'
Planner
July 17, 2001
Candlewood Tower Plaza - CDRV #99-003
Request to amend Code definition for HOTEL APARTMENT
NATURE OF REQUEST
William G. Thomas, President of Congress Properties, LLC, owner of a property located at the northeast corner
of Congress Avenue and SW 30th Avenue (see Exhibit "A" - location map), is requesting a change to the City's
Land Development Regulations, Chapter 1, Article II, Definitions, to eliminate the maximum percentage of, and
minimum size of, apartment suites allowed within a "Hotel Apartment". The proposed definition would read as
follows:
HOTEL APARTMENT: Any hotel building containing a mixture of sleeping rooms and apartment s~ites for
transient guests, only, and which (i) shaft not serve as the primary or permanent residence of the occupants;
and (ii) be leased on intervals of no longer than seven (7) days. Dining rooms and lounges shaft be permitted
at accessory uses." See Exhibit "B" - statement of request.
BACKGROUND
Concurrently with this code review application, the applicant is also requesting that a parcel currently zoned M-
1, Manufacturing Industrial, be rezoned to C-3, Community Commercial. The odginal intent of the rezoning was
to allow for the development of a hotel apartment, office/retail building, and restaurant. This proposed plan was
represented on a site plan application that was also being processed concurrently with this application. The
site plan application was withdrawn by the applicant for revisions and ultimate re-submittal.
The C-3 zoning district allows for hotel apartments as currentlY defined by the code which reads as follows:
HOTEL APARTMENTS: Any hotel building containing a mixture of sleeping rooms and apartment suites for
transient guests only, and which shall not serve as the primary or permanent residence of the occupants.
Buildings designed as hotel apartments shall have not more than one-third of the total units devoted to
apartment suites. Dining rooms and lounges shall be permitted as accessory uses. Hotel apartment suites shall
have a minimum gross floor area of five hundred (500) square feet.'
The applicant needs the proposed change to allow a hotel with cooking facilities in every room.
ANALYSIS
There currently exist 4 hotels within the City, all of them on properties zoned for commercial uses, and
according to City records, none of which offer cooking facilities in every room. The proposed project is the type
known as an "extended stay" facility. As per the applicant, over the past few years it has been one of the fastest
growing new products in the hotel industry, being essentially a hybrid of a full-service hotel and a rental
apartment complex. This type of facility can be used as a temporary residence as well as for short-term
' '~Jing.
Furthermore, the Federal Highway Cocridor Community Redevelopment Plan Study recently prepared for the
Page 2
CDRV #99-003
~i.ty of Boynton Beach, supports the need not only for more hotels within the City, but also suggest the need for · hotels to diversify-the services provided to the customers.
comparison, staff surveyed six (6) local governments to obtain their respective code definitions. All six (6)
entities surveyed allow hotel uses on commercial zoning districts. Similar to the City's definition, these other
local governments allowdi~lrtg rooms as accessory uses; however, kitchen facilities are not allowed. Palm
Beach County and Delray Beach allow kitchen facilities in some variation of lodging accommodations, thus
becoming a type of suite. Comparable definitions for these respective jurisdictions are as follows:
Delray Beach: Hotel: A facility offering a transient lodging accommodations to the general public
(open to the public at. large), usually at a daily rate. A hotel may a so
contain accessory uses as otherwise permitted within the underlying zone
district.
Residential-type inns: A facility offering transient lodging accommodations on a
daily, weekly, or monthly rate to the general public (open to the public at
large). It may consist of one building which contains the principal and
accessory uses, or group of buildings. Suites may or may not include
kitchens or kitchenettes.
West Palm Beach: Hotel:
A public lodging establishment licensed by the State of Florida which offers
transient or permanent lodging accommodatiOns to the general public,
and may provide additional services, such as' restaurants, meeting rooms,
and recreation facilities.
Greenacres: Hotel:
Shall mean any building principally containing sleeping rooms in which
transient guests are lodged with or without meals, with no provisions
made for cooking in any individual room or suite.
Palm Beach County: Hotel,
motel, boarding and rooming house, SRO (single room occupancy) :
means a commercial establishment used, maintained or advertised as a
place where sleeping accommodations are supplied for short term rent to
tenants, in which rooms are furnished for the accommodation of such
guests, which may have as an accessory use one or more dining room.
Lake Worth:
SROs are permitted only in the CHO (commercial high office) and CG (commercial
general) districts, and the following supplementary standards shall apply
to a single room occupancy use. An SRO establishment shall be used or
maintained for occupancy as an alternative to primary type housing. The
facility will customarily include one kitchen, sleeping and bath facility per
person, or shared bath or kitchen facilities.
Hotel: A building in which lodging or boarding and lodging are provided and offered
to the public for compensation and in which ingress and egress to and
from all rooms is made through an inside lobby or office supervised by a
person in charge at all hours.
Motel:
A series of attached or semi-attached sleeping rooms where each unit has
convenient access to parking space for the use of the unit's occupants.
The units, with the exception of the apartment of the manager or
caretaker, are designed to provide sleeping accommodations for
automobile transients or overnight guests and no kitchen facilities are
offered.
Page 3
CDRV #99-003
Boca Raton: Hotel:
As previously mention:ed,
some type of "suite" accom modatio~
shall mean a building, or part thereof, in which steeping accommodations
are offered to the public with no cooking facilites for use by the
occupants, and in which there isa public dining room for the convenience
of the guests. Access to the sleeping rooms shall be through an inside
lobby or office.
market/travel trends, and special hous
ape Ik
existing
uncertainty with rega
conversions of such use
definition
the proposed he
future
this
' than
Based on the analysis contained herein, an
amendment, staff recommends that this
maximum p,
recommended at this time.
indicated in Exhibit "C" - Conditions o_f Approval,
Exhibits
JA:MR
LANNING\SHARED\WP\PROJECTS\CANDLEWOOD TOWER PLAZA\CDRV~STAFFREPORT.D. OC
for the proposed ]
s to eliminate the/,,,~
s of approval are/~
or City Commission will beJ '
LOCATION MAP
Z GOLF ROAD'
EXHIBIT "A"
I S
8 O0
I:-.'
FEET
.(
MICHAEL
11:26
5G1272GB31
PAGE 82
EXHIBIT "B"
OF COUNSEl.:
~OBERT MARC .~CHWAR'T'Z, P.A.
- Flonc~a Sar BOard Certified
Real Estate Lawyer
July 17, 2001
Via Tilecopier
Ms.
100 E.
Boynton 33425
Dear Lusia:
Enclosed are copies of my correspondence on the suggested revised definition of Hotel
Apartment.
If you should need anything further in order to process the appl cation, please let me know.
Otherw~e, I wfll assume that the item will now reach the agenda on July 24, 2001.
Enclosure. s
cc: Mr. William Thomas (via telecopier) (w/enclosures)
56~272683i
~EIHER & ~RO~SON PA
· . ('T EXHIBIT "B"
HOTEL APARTMENT - Any hotel building containing a mixture of sleeping rooms and
apartment'suites for transient guests only, and which (i} shall not serve as the primary or
p~rmanent residenc? of the occupants; and (ii)' be leased on intervals of no longer than
s~en (7) days. Dining rooms and lounges shall be permitted as accessory uses.
O~AT'HO~OC l~in~r~,hot~.w~d
Requested City Commission
Meeting Date~-~--~''- ~-
July 17,2001
[] August 7, 2001
[] August 21, 2001
[] September 4, 2001
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
m to City Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October2, 2001
[] October 16,2001
[] November 6, 2001
VI.-CONSENT AGENDA
ITEM E
Date Final Form Must be Turned
in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 200t (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION:
Approve the donation of $1,000.00 to Florida Missing Children from the Law Enforcement Trust Fund.
EXPLANATION:
On September 10, 2001 the Missing Children Advisory Board will have a ceremony in Tallahassee to kick off
the new year Missing Children's Day Ceremony. This funding is in compliance with State guidelines.
PROGRAM IMPACT:
FISCAL IMPACT:
Funding will be in Law Enforcement Trust Fund.
Account 691-5000-590-04-25 Balance in account is $33,800.00.
Total Donation Requested $1,000.00.
ALTERNATIVES:
.~ Department Head's Signature
City Manager's Signature
Police
Department Name
City Attorney / Finance / Human Resources
S:~BULLETINNFORMSXAGENDA ITEM REQUEST FORM.DOc
BOARD MEMBERS
2000-2001
Bill J. Itc bre~
Chairman
Don Ryre
Vice-Chairman
Missing Chi ren Informatxon Clearinghouse _
Advisory Board
C/O FDLE - Post Office Box 1489 - Tallahassee, Florida 32302 - TEL: 1-888-356-4774 - FAX: 850-410-8599
July 9, 2001
Chic fCario~ Alvamz
Mlami-Dade PD
Chariotto Brand
Rorida Outdoor
Advertbl~ A~snc.
Senator Locke Burt
Ormobd Beach
HeatherCox
Victim Parent
Chief Goliath Dm'is i11
Fred Dickimon
DHSM¥
Chief.Ian~s Cmbbard
Veto Beach PD
Sheriff Howard God~u
Highland~ County. SO
~tacy Grernal~ki
Capital City Youth ~er~ice~
Nancy McBride
NCM F.C--lqm~cla Branch
Claudine Ryre
Jimmy Ryce Ceul~r for
Victinm of Predato~
Abduction
William ~lack' Sidoran
Brevard County School
Beard
Senator Roncld Silver
Aventura
Michael ¥milinda
Capitol Ne~ ~ewire
Craig ~ide .~.
Universal ~tudim
Honorable Marshall B. Gage
Boynton Beach Police Department
100 E. Boynton Beach Blvd.
13 3 -3 3
As the Vero Beach Police Chief, I contributed $1,000 today fi.om proceeds seized
under the Florida Contraband Forfeiture Act to help support the statewide Florida
Missing Children's Day Ceremonies being held in Tallahassee on Monday,
September 10, 2001. This is the third annual ceremony to honor law enforcement
officers and civilians who have assisted in missing child cases, to raise statewide
awareness and help prevent child abduction and sexual exploitation.
Governor Jeb Bush will again join us for this very important ceremony. Mr.
John Waish, host of the popular television show, America's Most Wanted, is also
attending and will be our Guest Speaker.
I am writing to invite you to join Governor Bush, Mr. Walsh and me in supporting
this Florida Missing Children's Day Ceremony. Will you join me as a Sponsor by
donating $250, $500 or $1,000 from your agency's forfeiture monies?
Governor Bush and Mr. Walsh will be presenting statewide awards to law
enforcement officers and civilians who under special circumstances have aided in
missing child cases.
The 5 statewide awards are:
Local Law Enforcement Officer of the Year
State Law Enforcement Officer of the Year
Federal Law Enforcement Officer of the Year
Trailing Team of the Year
Citizen of the Year
Many parents of missing children will be attending to raise awareness of these
crimes against children and help prevent them in the future. Also, 500 children
have been invited. They will participate in a children's safety fair, which offers
safety tips, fingerprinting, and photographing of children. Law enforcement
agencies, victim assistance groups and children's non-profit groups have been
invited to set up booths and participate in the fair.
Honorable Marshall B. Gage
July 9,-2001
Page Two
The Floriff~ffz-'~/;islature created Florida Missing Children's Day in 1999, and the FDLE
Missing Children Information Clearinghouse Advisory Board organizes the annual
ceremonies. The Advisory Board is currently receiving nominations for the above
awards.
If you would like to nominate one of your agency's officers, you may contact the
Advisory Board for a nomination form or just call me. I serve on the Advisory Board,
representing Florida's law enforcement community.
I cannot think of a more appropriate use of our contraband forfeiture moneys than to
support Florida Missing Children's Day. Your contribution will honor our fellow
officers, raise public awareness of these crimes against children, help recover current
missing children, and help prevent child abductions in the future. Please join me by
donating $250, $500 or $1,000, payable to: Florida Missing Children's Day.
A contribution form and return envelope are enclosed for your convenience, along.
with a program from last year's Florida Missing Children's Day ceremony.
I hope you will become a Sponsor and attend on September 10. I know you would enjoy
seeing Govemor Bush and John Walsh at this very special ceremony.
Sincerely,
~bard
Vero~qach Police Department
JG/hs
Enclosures
Requested City Comrtfission
Meeting Date-sw ~-
July 17, 2001
[] August7, 2001
[] AugUst21,2001
[] Sept~maber4, 2001
VI.-CONSENT AGENDA
ITEM F
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October 2, 2001
[] October 16, 2001
[] November 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Heating [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION:
Approv~ the purchase from Sirchie Fingerprint Labs an evidence drying cabinet in the amount of $5,165.00
from the Federal Treasury Forfeiture Fund.
In ordT;~ protect the integrity of certain ev.~dence m. a'.ml.y xtems~ that are we~, pamc,u!ar!y With b,l, olo ,glc~l ~m~ a.t_erl~___ , th7
Such a4 blood or semen, it is necessary for ~t to be arr dried before storage, we neea to nave a p~ace to oo tats wlmout
possibility of cross contamination.
PROGRAM IMPACT:
FISCAL IMPACT:
Federal Treasury Forfeiture Fund has a balance of $53,788.12
691-50~)0-590-04-23 $5,165.00
Police
Department Name
City Manager's Signature
City Attorney / Finance / Human Resources
S:XBULLETIbl~FORMS~GENDA ITEM REQUEST FORM.DOC
To: Lt~_G!ms Frey
From: C.S.T.K. Hemdon
Date: June 20, 2001
Subject: Drying Cabinet
In order to protect the integrity of certain evidence mainly items that are wet, particularly with biological
material such as blood or semen, it ~s necessary for it to be air dried before storage. We must have a place
to do that without the possibility of cross contamination and that would necessitate the purchase of a
forensic drying cabinet. This is a controlled enmronment that can be completely sanitized after each use.
I have secured three (3) bids in that regard and have attached them with this memo. Bear in mind that each
is almost identical to the other. They are as follows:
Lynn Peavey Co. $10,480.00
Sirchie Finger Print Labs. $5,165.00
Lightning Powder Co. $10,770.00 t,.
Due to the great discrepancy in the price of the Sirchie bid, I telephoned them and was assured that their bid
was correct. They advised that they had just finished working with the FBI on their cabinet and are in close
competition with another manufaqmrer and are pricing accordingly. Since they are the leading crime scene
equipment supplier in the business I feel that for any technical support, service or quality we should
purchase from them.
Requested City Com?!_s_s?~on
Meeting Dates
[] July 17,2001
[] August 7, 2001
[] August 21,2001
[] September4, 2001
NATURE OF
AGENDA ITEM
VI.-CONSENT AGENDA
ITEM G
CITY OF: BOSTON BEACH
AGENDA ITEM REQUEST FORLvl
Date Final Form Must be Turned
in to City Clerk's Office
July 5~ 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
AuguSt 8, 2001 (5:00 p.m.)
AuguSt 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to Cit~ Clerk's Office
[] September 19, 2001
September 5, 2001 (5:00 p.m.)
[] October 2, 2001 September 20, 2001 (~:~0 p.n~
[] October 16, 2001 October 3, 2001 (5:0(~.)
[] November 6, 2001 October 17, 2001 (5:0(~m)
[] Administrative [] Development Plans ,_~ .... "'~
[] Consem Agenda [] New Business '~'
[] Pubhc Hearing [] Legal
[] Bids [] Unfinished BuSiness
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION:
Motiog to approve the expenditure o~ $36,083.75 to Sofhvare House International for additional Microsoft licenses via State
Contra& No. 255-001-00-1.
EXPLANATION: ..
This ekpenditure is necessary as a result of a Microsoft audit that was recently conducted. The current number of installed
Microsbft products is greater than the number of licenses that the City has purchased.
Since 1996, the City of Boynton Beach has grown ftom 5 PC's to 500+ PC's. During this time of growth, equipment was
added without proper Microsoft licenSing being purchased. Along with Microsoft, a self-audit was performed and the results
(see a~ached) show that we have grown beyond our legal licensing for many Microsoft products.
PROGRAM/iMpACT:
The e.x~enditure will ensure that the'City of Boynton Beach is in compliance with Microsoft licensing requirements and U.S.
copyright laws.
FISCAL IMPACT:
Fundihg for thisi purchase is available in the following accounts:
00
I.T.S. Department 001-1510-513-64-14 $25,000.
Utilities l~epartment 401-2822-536-99-03 $6,083.75
Police Dep~rtment 001-2110-521-64-14 $5,000.00
ALTE~I~fiATIVES: _ ,, ,,
Theleg~~to donothing put the City of Boynton Beach at ~re~,a//~cial and legal risk.
//~eter Walla~'~, Director of I.T.S. City Manager s Signature
/
? on .on hno o
/ Department Name ~ -C~ty ~r~e~ TFin~n~ / Human Resources
l
S:x,BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC
~8
Microsoft Corporation
5335 Wisconsin Avenue, NW
Washington. DC 20015
Fax 202-364-8853
htlp~/www.micmsoff.com
Microsoft'
February 22, 2001
Dale S.~ Sugerman
City Of BoYnton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: Software Asset Management
Dear Dale:
Software asset management is critical to maximizing the benefit of a government agency' s investment in
information technology. Unfortunately, as software applications are installed throughout multiple
locations on desktop computers, laptops, and servers, it becomes more and more difficult for an
organization like yours to implement a program to ensure that all installed software is properly licensed.
Every year thousands of reputable organizations expose themselves to the risk of software piracy because
they have poor software asset management policies or have no such policies at all. This problem has been
recognized by a number of state and local governments, and many have already issued executive orders
or enacted legislation relating to software piracy and software asset management. For example, the
governors of Arkansas and Florida have issued executive orders addressing the issue of software piracy,
and Texas and Georgia have enacted software asset management legislation. Microsoft is working
alongside organizations like yours to provide tools to help you max~?ge software assets more effectively
and avoid the risks of software piracy.
As part of its commitment to ensuring license compliance, Microsoft is asking a broad sampling of its
customers to take part in a license review program. Accordingly, Microsoft requests that City Of Boynton
Beach conduct an internal software review and certify compliance and/or purchases of any additional
necessary licenses. This review involves an assessment of the number of copies of Microsoft software
products that are installed on your organization's computers, as well as the number of Microsoft licenses
obtained for those products. I am enclosing a summary sheet to assist you in conducting your review.
Please complete and return the inventory summary sheet within 30 days to the following address:
Microsoft Compliance Support Team
26565 State Highway 99
Edinboro, PA 16412
To help your organization conduct the review, please take a moment to review the
~ww.micrn.~nft.cnrn/liao. n~ing website and the enclosed CD and materials.
As part of its effort to resolve these matters amicably and expeditiously, Microsoft is willing to
forgive any past noncompliance, but only if City Of Boynton Beach purchases sufficient licenses to
bring it into compliance within 30 days of the date of this letter.
If you have any questions regarding license compliance, the software review procedures, or any other
issues raised in this letter, please contact Brett Cocking at 800-426-9400 X11827 or at
brettc@microsoft.com. I 1 Or{ ~L ~-~"RK'(
Microsoft Corporation is an equal opportunity employer.
Your government organization, as part of a larger body that creates and enforces laws, has a clear
responsibility to demonstrate, through its policies and practices, the importance of adhering to laws
relating to proper software use. Participation in this license review program is an important first step to
ensuring:that ~ff~anization is in compliance with Microsoft's
the United States copyright.laws. We look forward to
Beach to put in Place an effective software asset management
Boynton Beach's exposure to the risks associated with software piracy.
Thank you for your cooperation.
Sincerely,
Mike Iwicki
Government Licensing Program Manager
240-632-9889
mikeiw@microsoft.com
Enclosures
Requested City
Meeting Dates
[] July 17, 2001
[] August 7, 2001
[] August 21, 2001
[] September 4, 2001
NATURE OF
AGENDA ITEM
VI.-CONSENT AGENDA
ITEM H.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
July 5, 2001 (5:00 p.m,)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission Date Final Form Must be ~ed c~ ~
Meeting Dates in to City Cl~rk's Offic"'~' .-~--<
September 19, 2001 Sep~mber 5, 2001 (5:00 p.~ ~
Octob~ 2, 2001 Sep~mber 20, 2001 (5:00 p.m.) ~: -~;
Octob~ 16, 2~1 Octob~ 3, 2001 (5:00 p.m.~ ~ ~
November 6, 2001 October 17, 2001 (5:00 p.~ ~ ~
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: A motion to approve Change Order #1 for the Fuel Island Additions and Upgrades project
in the amount of $11,404.32 to Glasgow Equipment Services.
EXPLANATION: Change Order #1 consists of the installation of double wall fiberglass pipe and the relocation of a
new TLS-350 tank gauge in the new tank sump. The double wall fiberglass pipe will satisfy a Palm Beach County
DERM requirement and meet standards in accordance with Florida Administrative Code, Chapter 62-761. The
relocation of the new TLS-350 tank gauge is necessary to provide a clean waterproof environment, thus prolonging its
service life and reducing maintenance costs.
PROGRAM IMPACT: Since this Change Order is being handled during the early stages of the project, there will be
no impact on the completion schedule; therefore, no time extension is necessary. Dale Sugerman, Assistant City
Manager, and Jeffrey Livergood, Public Works Director, concur with this recommendation (see attached Memo #01-
112).
FISCAL IMPACT: Detailed cost negotiations were conducted with the contractor and the agreed upon price reflected
in Change Order #1 is considered fair and reasonable. Funding is available in Facilities Building Repairs Account
#001-2511-519-46-10 in the amount of $11,404.32.
Deputy Director of Financial Services
Procurement Services
Depat anent Name
cc: Dale Sugerman, Assistant City Manager
Jeffrey Livergood, Public Works Director
Clem Bucher, Contract Administrator
S:XBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC
" ~lty Manager's Signature
City Att. o~~ce / Human Resources
File
DEPARTMENT OF ENGINEERING
MEMORANDUM
NO, 01-117
TO:
FROM:
THRU:
Bill&__tkin~' s
Finance Director/_Proc.~urement Agent
Clem .Bucher
Contract Administrator
Paui Fleming, Senior Project Manager{]
DATE: July 16, 2001
Fuel Island Chan~e Order
'JUL 17 2001
DEPT.
Please include the attached Change Order to the subject Project on the next available Commission
Agenda. This Change Order is in the amount of $11,404.32 and consists of the installation of double wall
fiberglass pipe and the relocation of the new TLS-350 tank gauge in the new tank sump. There will be no
time extension for this Change Order.
Dale Sugerman, Assistant City Manager, has approved the Change Order and Jeff Livergood; Director
Public Works is also in agreement with the need for this change. The account number for this project is
001-2511-519-46.10.
I have attached the memo cleared by Mr. Sugerman as well as the bhckup material and the signed change
order.
If you need any further information, please advise. Thank you for your assistance.
Attachment
CC: Paul Fleming, Senior Project Manager
Jeff Livergood, Director, Public Works
DEPARTMENT OF ENGINEERING
MEMORANDUM
NO. 01-112
TO:
FROM:
Dale.~rman, Assistant City Manager
Paul Fleming, Senior Project Manflger~
DATE: July 11,2001
Change Order No. 1 Public Works Fuel Island Upgrades
The Original plans and specifications used for bidding purposes called for the disconnect/reconnect of
existing singlewall fuel lines. Palm Beach County, DERM, has required that the singlewall fuel lines be
replaced with doublewall fuel lines for all four fuel tanks. This requirement was prompted by the 20%
requirement in State Code which requires that when more than 20% of a singlewall fuel line is replaced,
the entire line must be upgraded to meet current standards, in accordance with Florida Administrative
Code Chapter 62-761. It is therefore necessary for the Contractor, Glasgow Equipment Services, to install
Double-Wall Fiberglass Pipe in accordance with RFI No. 1 dated 6/28/01.
The second component of this Change Order No. 1 is the relocation of the New TLS-350 Tank Gauge in
the new tank sump in order to provide a clean waterproof environment for the inventory probe, thus
prolonging its service life and reducing maintenance costs. This is in accordance with RFI No.2 dated
7/5/01.
These revisions were discussed with the Director of Public Works, Jeff Livergood who has concurred
with the need for the changes.
Detailed cost negotiations were conducted with the Contractor for the above noted revisions and a price
was agreed upon in the total mount of $11,404.32 which is considered fair and reasonable. Since this
revisidln' was handled at the early stage of the project, there was no impact on the completion schedule of
the prgject; therefore no time ~xtension is necessary for the change. This analysis took into account
deduc~s of $2,587.00 for RFI No. 2 as well as a deduct of labor ($1,224.00) and environmental review
($266.68).
considered "unknown condition" due to the lack of
The addition of the Double-Wall Fiberglass Pipe is an
recor~drawings and details within the City. .
Attached is the Change Order No. 1 Form that will require City Comm~~~
CC: Jeff Livergood, Director, Public Works ~'"~ ~ '
File -- ~0
Attachments
S:XEngineeringXEngineering Dept. Memorandum.doc
FACSIMILE COVERSHEET
561 742 62~5
City of Boymon Beach
Department of Engineering
Construction Services Division
TO:
FI;OM:
SUBJECT:
L(x~ D'Antonio
VP Glasgow Equipmen! Service. Inc.
Paul M. Framing
~enior Project Manager
D,4 TE: July g, 2001
PHONE: (561) 842-7236
FAX: (561} 842-7402
PHONE: (561) 742.6487'
FAX:; (561) 742-6285
PW Fuel Island Upgrades (PO 012753). Change Order No 1
cc .' C. Bucher
J, L~vergood
A. L. (Skip) Harvey (via fax)
_RF_~ ~2 , ]~ $
B~ed on RFIs, ~r eMen~d c~m~O~ an~ taxes ~ing c~ ~n t~ ,~rk, I am
for this wo~ shall n~ exce~ $11.4~.32.
If y~ ~n~r, please sign ~ and return a ~y of ins f~ to my a~ion a~ I ~11 h~e ~e
~ln~r ~ Cha~e Order ~. 1
funding availability.
You~ true, a
.Sen~ Proje~ ~a~
p~t~l
UL - 9 2001
FACSIMILE COVERSH EET
City of Boynton Beach
Department of Engineering
Construction Services Division
DATE · July 10, 2001
TO'
FROM ·
Lou D'Antonio
VP Glasgow Equipment Service, Inc.
Paul M. Fleming
Senior Project Manager
PHONE' (561) 842-7236
FAX' (561) 842-7402
PHONE: (561) 742-6487
FAX: (561) 742-6285
SUBJECT: PW Fuel Island Upgrades (PO 012753), Change Order No. 1
C. Bucher
J. Livergood
A. L. (Skip) Harvey (via fax)
Glasgow is authorized to proceed the installation of the double-wall FG pipe (RFI No. 1) and the
relocation of the new TLS-350 Tank Gauge in the new tank sump (RFI No. 2). Change Order
No. I in the amount of $11,404.32 is being prepared for your signature.
Please be advised that the formal approval of this Change Order by the City Manager and City
COmmission is required.
rs tr~,y,A ~.
Page I of 1
CHANGE
ORDER
FOR CHANGE PR_Q:P_~_Q_SAL
Distribution to:
OWr R
ARCHITECT
CONTRACTOR
FIELD
OTHER: Public Works X
PROJECT: Public Works Fuel Island Upgrades
CHANGE ORDER NUMBER:' # I
INITIATION DATE: June 28, 2001
TO
Glasgow Equipment Services
1750 Hill Avenue
West Palm Beach, Fl 33407
ARCHITECT' S PROJECT NO:
CONTRACT FOR: FUel Island Upgrades
CONTRACT DATE: June 28, 2001
You are directed to make the following changes in this Contract:
Install Double -Wall FG pipe as per RFI No. 1 dated 6/29/01 and relocate the new TLS-350 Tank
Gauge in the new Tank Sump in accordance with RFI No. 2 dated 7/05/01.
Not valid until signed by both the Owner and Architect.
Si~3qature of the Contractor indicates his a~reement herewith, including any adiustment in the Contract Sum or Contract Time.
The original (Contract Sum) (Guaranteed Maximum Cost) was...
Net change by previously authorized Change Orders...
The (Contract Sum) (Guaranteed Maximum Cos0 prior to this Change Order was...
The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) 0
by this Change Order ....
The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order...
The Contract Time will be (increased) by... ZERO Days
The Date of'Substantial Completion as of the date of this Change Order therefore is
N/A
$ 67,036.43
$-0-
$ 67,036.43
$ 11,404~32
$ 78,440.75
(0) Days.
Authorized:
ENGINEER
PBS&J
3222 Commerce Place
West Palm Beach, F1
33407
DAT~7~ ?~ (; --
CONTRACTOR
Glasgow Equipment Service
1750 Hill Avenue
West Palm Beach, F1
33407
DATE
OWNER
__City Of Bovnton
P.O. Box 310
Boynton Beach, F1
33436
DATE
/
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORt
Requested City Date Final Form Must be Requested City
Commission Meetino Turned in to City Clerk's Commission Meetino Dates
Dates Office
[] July 17 2001
July 5, 2001 (5:00 p.m.)
[] September 19, 2001
VI.-CONSENT AGENDA
ITEM I.
Date Final Form Must be
Turned in to Citv Clerk's Office
September 5, 2001 (5:00 p.m.)
[] August 7, 2001
[] August21, 2001
[] September4, 2001
NATURE OF
AGENDA ITEM
September 20, 2001 (5:00
July 18, 2001 (5:00 p.m.) [] October 2, 2001 p.m.)
August 8, 2001 (5:00p.m.) [] October16, 2001 October3,2001 (5:0~.m.)_~<~3
August 22, 2001 (5:00 p.m.) [] November 6, 2001 October 17, 2001
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Approve the use of Community Development (CDBG) funds in the
amount of $30,000 to reimburse Bob Katz, owner of Booker T's Restaurant located at i 19 N.E, 10th
Avenue (a.k.a.) Martin Luther King, Jr. Boulevard.
EXPLANATION: Commission approved in the 1999/2000 Community Development Block
Grant One Year Action Plan $30,000 to facilitate the match of private funding for businesses within the
CDBG target area. This incentive was to encourage to continued improvement of the business
corridors and services for area residents, and aid in the prevention of Slum and blight.
PROGRAM IMPACT: Bob Katz has purchased an abandoned, deteriorated building on Martin
Luther King Blvd. for the purpose of converting it into an upscale family restaurant. Mr. Katz has
purchased the building at a price of $100,000, and has provided evidence of expenditures in excess of
$150,000 in remodeling to date, with outstanding contractual obligations in an excess of $64,000,
which includes furniture and equipment.
FISCAL IMPACT: A vacant building will become a viable business with the creation of a
minimum of 13 jobs. This includes management, kitchen, and wait service staff, as well as an increase
to the tax base due to the increase in value of the structure.
ALTERNATIVES: None.
~~gnature
Signature
Department of Development
Division of Community Redevelopment
Department Name
City Attorney / Finance / Human Resources
306 S. E, 1st Avenue
Boynton Beach, FL 33435
July 16, 2001
Mrs. Octavia Sherrod
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
731-428~
731-3342
Dear Mrs. Sherrod:
Please find enclosed copies of all check stubs representing cancelled checks that reflect
work performed todate on Booker T's Restaurant located at 119 NE I0th Ave (aka Martin
Luther King Blvd), Boynton Beach, FL 33435. All those check stubs pertaining to
Booker T's are highlighted in yellow.
The total expended amount todate is: $!g0~000.00
We also have considerable contractual obligations that include payment remainders on
deposits and equipment that have been ordered or contractedi' We have attached copies
of these contractual obligations for your review. The total mount of outstanding
contractual obligations is $64,202.24.
We anticipate an additional $75,000 to complete interior and exterior renovations.
In addition, cost of furnishings will be approximately $30,000.00.
In conclusion, the total amount we have spent and plan to spend on this project todate is
approximately: $33%202.24
~_.__~BOOKER T'S AUTHENTIC SOUL FOOD
With an anticipated completion date of September 2001, Booker T's
promises the authentic taste and experience of "Authentic Southern Soul
Food".
Strategically located in beautiful Boynton Beach, Florida - the restaurant
will provide a "venue" where people of many nationalities and cultures can
meet and relish tree southern hospitality.
Our planned hours of operation will allow for breakfast - lunch - and early
dinner capabilities in a friendly, family atmosphere.
Recruiting of restaurant staff will commence within 60 days and allow 2
weeks of intensive hands-on training.
Staff will include:
General Manager
1 Head Chef
1 Assistant Chef
4 - 6 Wait Staff
2 Cashiers
2 Dishwashers
2 Kitchen trainees
We are excited to present this unique and special restaurant to the
Community of Boynton Beach.
By providing good food, reasonable prices and hiring within the community,
Booker T's promises to be more than a restaurant - it will provide a
"Tradition" of Authentic Soul Food and Southern Hospitality!
Requested City Co~-
Meeting Dates
[] July 17, 2001
[] August 7, 2001
[] August21, 2001
[] September 4, 2001
VI.-CONSENT AGENDA
ITEM J.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October 2, 2001
[] October 16,2001
[] November 6, 2001
Date Final Form Must be Turned
in to Ci.ty Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 200l (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfmished Business
[] Announcement [] Presentation
[] .City Manager's Report
RECOMMENDATION: Motion to approve the purchase from Champions Solutions Group of a RISC 6000
computer hardware system in the amount of $43,136.00.
EXPLANATION: The Police Department is in need of upgrading our computer system. The new system will be
configured to provide maximum redundancy to.help prevent against any single point of failure that may cause the
Computer Aided Dispatch/Records Management System to go down. This includes dual processors, dual power
supplies, dual network cards, and mirrored drives for system operations. Champion Solutions Group (CSG) is an
authorized reseller for the IBM State Contract #250-040-99-1. The pricing proposal provided by CSG reflects the
discoUnted State Contract Price, but in addition CSG has provided an additional discount of $1,723.64 as an incentive
for doing business with the City.
PROGRAM IMPACT: This purchase will allow the Police Department to stay current with state of the art
technology.
FISCAL IMPACT: Funding will come from the Police Department FY2000/2001 budget as follows:
Account Description
Computer Equipment
Account Number
001-2110-521-64-15
Budget
$ 43,136.00
Department Head's Signature
City Manager's Signature
Police Department
Department Name
City Alt[i-ney / Finance / Human Resources
S:~BULLETINXFORMS~.GENDA ITEM REQUEST FORM.DOC
07/25/2~01 14:10 5G19974~43 CHAMPI~ CO PAGE 02
Bill, I bmlie~ this is the information you
Boynton Beach Police Depa,tmen~ Solution,
Ho~e thi~ help-~;
7025~6F1 pSeries 620
!.44MB 3.5-in Diskette
Integrated $CSI-2 F/W Adapt~r
Integrated Ultras SCSI AdapTer
Integrated Ethernet Adapter
2421 Point to Point Cable,
2432 Point to Point Cable,. 1.1m
2624 32x Speed CD-ROM
~9~4 Async Terminal/
(EIA-232]
2968 i0/100 Mbps Ethernet ;PCI
Adapte=
3109 SCSI External Port t= SCSI
Internal 6 Pack Cable
3152 9.1GB 10K RPM 1"
16-bit Disk
3153 18.2 GB I0K RPM 1"
16-bit Disk
375~ Service Package
4075 Memory Board, 16-pos~ition
4119 512 MB (2x~56MB) SDRAM
5005 Preinstall
5202 2-Way RS64 III 450 MHz
Processo~ Card, 4MB L2 Ca,he
6156 20GB/40GB Smm Tape Drive
(Bia~k)
6~5 PCI Dual Channel Uitr%2
Adapter
6Z06 Ultra SCSI POI-Bus Ad~p~er
6548 Redundant Power Supply and
Cooling Fan
6553 SCSI Hot Swap 6-Pack
6555 SCSI Non Hot Swap 2-Pack
9300 Language ~ English {US)
9800 Power Cord - US/Canada
15A)
Product Description
5765-C34 ~IX version ~
ere looking for r~garding the
6717 5,239.26 5,037.75
N/C
N/C
NYC
N/C
100 78.00 ?5.00
120 93.60 90.00
375 292.50 281.25
45 35.10 33.75
1 275 214.50 206.25
1 125 97.50 93.75
2 25Z0 1,965.80 1,890.00
6 10800 8,424.00 8,100.00
1 75
1 1500
2 9216
i $/C
1 i4500
58.50 56.25
1,170.00 1,125.00
7,!88.48 6,912.00
11,310.00 10,875.00
i 6250 4,875.00 4,687.50
1 790 616.20 592.50
395 308.10 296.20
1250 975.00 937.50
1800 1,404.00 1,350.00
595 464.10 446.25
N/C
N/C
y License
N/C
67/25/2~01 14:10 5S19974e~3 C~MF~Co PAGE 83
4061 AIX 4.3
5005 Pr~install
9001 /%sset Regist=ation
5765-C34 OTC
5692-AIX System Software
0598 A!X Welcome Cen~er
0838 AIX 4.3 Update CD
0857 AIX 4.3
0859 Prein~tall AIX 4.3 Server
Bundle
086Q AIX 4,3 Bonus Pack - Non
~xport.
1004 CD~ROM Process Charge
2924 English
3410 CD-ROM
5005 Preinstall
592~ AIX 4.3 P!I - English
9001 Asse~ Regl~tration
5692-AIX OTC
GRAND TOTAL
Hardware ~rice
Sof~ware OTC
Grand Total
Steve Presson
Champion ~olutions Group
791 Par~ of Commerce Blvd.
Boc~ Raton, FL 33487
551.997.2900, Ext. 158
800,771.7000
Fax: 561 997.4043
maiito:srp~lchampionsg.com
http:J/www, championsg,com
57,448
50
57498
N/C
N/C
N/C
N/C
N/C
N/C
N/C
5O
N/C
N/C
50,00 5C.00
50 50.C0 50.00
44,809.64 43,086.00
50.00 50.00
44,859,64 43136.0O
International Business Machines
NOTE:
International Business Machines
ORDERING INSTRUCTIONS
ALL ORDERS SHOULD BE DIRECTED TO:
SPURS VENDOR NUMBER: F130871985-001
VENDOR: IBM (A)
STREET ADDRESS OR P.O. BOX: 101 N. Monroe St., Ste. 750
32301
(Rev 28 May 99)
CITY, STATE, ZIP:
(Rev 28 May 99)
TELEPHONE:
Tallahassee, FL
(850) 599-4200
(Rev 22 May 98)
TOLL FREE NO.:
(800) 426-5968
ORDERING FAX NO.:
(Rev 22 May 98)
REMIT ADDRESS:
(Rev 28 May 99)
CITY, STATE, ZIP:
(Rev 28 May 99)
3RODUCT
INFORMATION: DIRECT INQUIRY TO:
NAME AND TITLE:
(Rev 10 Apr 00)
ADDRESS:
(Rev 28 May 99)
CITY, STATE, ZIP:
(Rev 28 May 99)
TELEPHONE:
4383
(Rev 10 Apr 00)
(850)599-4199
101 N. Monroe St., Ste: 750
Tallahassee, FL 32301
Larry_ Lynch, Senior Client Represemative
101 N. Monroe St., Ste. 750
Tallahassee, FL 32301
(850) 599-
http://www.myflorida.com/st_contracts/250050971/order5.htm 07/19/200 i
International Business Machines
TOLL FREE NO.:
(800) 426,4968
URL HOME PAGE ADDRESS:
http://www.ibm.com
EEECTRONIC MAIL ADDRESS:_
lwlynch~us.ibm.com
(Rev 10 Apr 00)
IBM
AUTHORIZED RESELLERS
(Rev 04 Dec 98)
Mainline Information Systems (B)
3372 Capital Circle, NE
Tallahassee, F1 32308
phOne: 850-531-0066, ext. 164
Fax: 850-385-0975
Contact: Marty Besley
SPURS #: F-592960721-001
T3 Technologies (C)
200 S Hoover Blvd., Bldg. 215
Tampa, FL 33609
Phone: 800-871-9500
Contact: Steven Friedman
SPURS #: F593237134-001
(Rev 17 Jan 00)
National Computer Sales (B)
2502 Rocky Point Drive, Suite 740
Tampa, F1 33607
Phone: 800-898-4468
Fax: 813-636-0133
Contact: Sue Deasy
SPURS #: F-593206352-001
(Rev 31 Mar 99)
Bay Resources, Inc.(A)
11880 28th St. N.
St. Petersburg, FL 33716-1815
Phone: 813-571-1100
Fax: 813-572-5390
Contact: Vince Collie
SPURS#: F382469246-006
(Rev 31 Mar 99)
Champion Computer (A)
6421 Congress Ave
Boca Raton, F1 33487
Phone: 800-771-7000, ext. 142
Fax: 561-997-4043
Contact: Rudy Braga
SPURS #: F-592347579-001
(Rev 31 Mar 99)
Midrange Support & Service ,Inc. (B)
1122 E Atlantic Ave Suite C
Delray Beach, FL 33483
Phone: 561-272-5883
FaX: 561-262-1733
Contact: Steve Marinak
SPURS#: F650633981-001
(Rev 31 Mar 99)
Data Resource Group (A)
3998 FAU Blvd., Ste. I00
Boca Raton, FL 33431
Phone: 561-998-7667
Fax: 561-998-7550
Contact: Craig Martin
SPURS # F-621442452-001
(Rev 04 Dec 98)
Comtech Group USA (B)
6350 Palm Trace Eanding Dr.
Davie, FL 33314
Phone: 847-559-6405
Fax: 847 480-3560
Contact: Angela Trillhause
SPURS #: F363818238-001
(Rev 17 Jan 00)
http://www.myflorida.com/st_contracts/250050971/order5.htm 07/19/2001
STATE OF FLORIDA CONTRACT 250-040-99-1
Prices current as of 06/04/01
7025-6F0
Feature Description Web Price
7025-6F0 PSERIES 620 6717.00
0001 AFTER MK'I~ORDER INDICATOR 0.00
0002 INITIAL LIGHT MANUFACTURE N/A
0003 AA MES ORDER N/A
0009 FINAL LIGHT MANUFACTURE N/A
0511 HA SOLN 4W PROC.- FACTORY ONLY 30000.00
0700 HA SOLUTION INDICATOR 0.00
2111 POI SCSI ADAPT TO 2 PORT 8BIT 135.00
2112 PCI SCSI ADAPT 8BIT DIFF 90.00
2113 PCI SCSI ADAPT TO SINGLE PORT 195.00
2114 PCI 270.00
2115 PCI 135.00
2116 BIT 120.00
2117 16BIT S E'EXT Y 275.00
2118 :, VHDCI TO P, 3M 60.00
2421 4DROP 100.00
2424 0.6M 2 SYS TO SYS 108.00
2425 2.5M 16BIT SCSli 2 SYS TO SYS 130.00
2432 INT. ,~ }INT CAB, 1.1M 60.00
2454 INTERN 150.00
2456 ~LE 100.00
2498 4000.00
2623 4.7 ;K 1200.00
2624 RIVE 375.00
2627 1200.00
2709 ARTI( 550.00
2710 55:0.00
2741 SYSKO! )I-LP SAS 1590.00
2742 ' FDDI-LP DAS 2500.00
2751 9500.00
2830 ~AT 340.00
2861 ARTI 425.00
2863 ARTll 500.00
2864 ARTI~ 675.00
2865 ARTI* 475.00
2871 ART 305.00
2872 ART 'LE,15M 315.00
2873 ART 3M 315.00
2874 7,5M 160.00
2875 8M 430.00
2876 1,8M 430.00
2877 ROP CAB 30.00
2934 -'1A-232 45.00
2936 ASYNC 73.00
2943 IA-232 1395.00
2944 1: PCI 1295.00
2946 TUF ADAP 3995.00
2947 ARTI 3625.00
State Price
5239.26
0.00
0.00
0.00
0.00
23400.00
0.00
1 O5.30
70.20
152.10
210.60
105.30
93~60
214.50
46.80
78.00
84.24
101.40
46.80
117.00
78.00
3120.00
936.00
292.50
936.00
429.00
429.00
1240.20
1950.00
7410.00
26~ .2O
33 50
39 00
52 .50
37 ,.50
23 90
2~ 70
245.70
124.80
23.40
5.10
101 1.10
311 L10
L50
2951
2952
2953
2954
2962
2968
2969
2975
2985
3077
3079
3109
3124
3125
3129
3152
3153
3627
3628
3629
3630
3752
3925
3926
4075
4100
4110
4119
4137
4223
4237
4238
4353
4958
4959
4960
5001
5005
5201
5202
5204
5211
5212
5214
6041
6154
6156
6158
6159
6204
6205
6206
6227
6228
2-PORT CABLE V.24/EIA-232
2-PORT CABLE V.35
2-PORT CABLE V.36/EIA-449
2-PORT CABLE X.21
2-PORT MULTIPROTOCOL PCl ADAPT
IBM 10/100/MBPS ETHERNET PCI
GIGAB!T.ET~H_ERNET - SX PCI ADAP
10/100/1000'-BASE-T ETH.PCI AD
PCI ETHERNET BNC/RJ-45 ADAPTER
18.2GB SSA 10K DDR ASSEMBLY
9.1GB SSA 10K RPM DDRV ASSEMBL
CAB.ASSEMBLY SCSI EXT.- INTERN
SERIAL TO SERIAL PORT CABLE
SERIAL TO SERIAL PORT CABLE
36.4GB 10K RPM ULTRA3SCSI DDRV
9.1GB 10K RPM ULTRA3 SCSI DDRV
18.2GB 10K RPM ULTRA3SCSI DDRV
IBM P76 COLOF BLACK
IBM iLACK
IBM WHITE
IBM WHITE
SERVICE
SERIAL PORT CONY.CAB. 9-25PIN
ASYNCH.PRINT/TERM CAB.9-25PIN
MEMORY BOARD, 16-POSITION
1024MB DIMMS 200PIN 10NS SDRAM
. 3) DIMMS 200PIN 10
200PIN 10NS 'SDRAM
)24MB DIMMS)
ETH ERh
13W3 TO
DDC 1,~
PCl
IBM
IBM
'ID BITS SW
ISPLAY CBL
CABLE
:{OCESSOR
;PECIFY
PREINSTAL
~ L2 CACHE
RS64 IV
; L2 CACHE
~ L2 CACHE
4MB L2 CACHE
INT TAPE
DRV
DRIVE
J~IT
ULTRA SCSIAD
CHANNELADAPTER
HANNELADAPTER
1,75.00
'320.00
255.00
175.00
2000.00
275.00
2125.00
1600.00
375.00
2000.00
1460.00
125.00
80.00
80.00
3145.00
1260.00
1800.00
995.00
1995.00
995.00
1995.00
75~00
25:00
50.00
1500.00
9216.00
2048.00
4608.00
18432.00
195.00
100.00
100.00
100.00
7000.00
795.00
6200.00
N/A
0.00
6000.00
14500.00
24500.00
10000.00
18500.00
37500.00
75.00
6250.00
6250.00
2995.00
3200.00
650.00
790.00
395.00
3200.00
3100.00
136.50
249.60
198.90
136.50
1560.00
214.50
1657.50
1248.00
292.50
1560.00
1138.80
97.50
62.40
62.40
2453.10
982.80
1404.00
776.10
1556.10
776.10
1556.10
56.50
19.50
39.00
1170.00
7188.48
1597.44
3594.24
14376.96
152.10
78.00
78.00
78.00
5460.00
620.10
4836.00
0.00
0.00
4680.00
11310.00
19110.00
7800.00
14430.00
29250.00
58.50
4875.00
4875.00
2336.10
2496.00
507.00
616.20
308.10
2496.0O
2418.00
623O
6231
6235
63~0
6311
6548
6553
6554
6555
6600
6640
7305
7770
7773
8131
8132
8133
8136
8137
8700
8740
8741
9800
ADVANCED SERIALRAID PLUS ADaPt
128 MB DRAM OPTION CARD
32MB FAST-WRITE CACHE OPT.CARD
AR~IC960RXD QUAD DTA PCI ADAPT
IBM ARTIC960RXF PCI ADAPTER
REDUND.POWER SUPPLY, COOLING
SCSI, 6PACK HOT SWAP BACK PLANE
: SSA 6P~OT SWAP BACK PLANE
~NE AND CAGE
QUIET US ENGLISH
iM 15'
23CM 9"
RTER CBL
;H NODE 16
103P) BLACK
,BLACK
R CORD US/CAN 125V,15A
3000.00
960.00
575.00
11000.00
10900.:00
1250.00
900.00
650.00
100;00
0,00
0.00
0;00
60,00
40~00
120,00
0:00
2340.00
748.80
448.50
8580.00
8502.00
975~00
702:00
30
)0
78.00
0,00
0.00
0'.00
46:80
.!' .20
0.00
Requested City
Meeting Dates
[] July 17,2001
[] August 7, 2001
[] August 21, 2001
[] September 4, 2001
VI.-CONSENT AGENDA
ITEM K.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October 2, 2001
[] October 16, 2001
[] November 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: MOTION to approve the "sole source" PURCHASE OF A FRONT ROYAL (4L) STREET
CLOCK from THlg VERDIN COMPANY at a cost of $19,535.00.
EXPLANATION: Thc City Commission has an allocation of $125,000 fn the Commtmity Investment Funds for
FY2000/2001. Thc funds are available to each of the five members of the City Commission in the amount of $25,000 to
suppor~ community projccu and activities. The Commission has made provision to fund the Front Royal (4L) Street Clock.
The lodation of the clock is preliminarily proposed to be in front of the Schoolhouse Museum.
PROG~L~4, ~ IMPACT: The purchase of the clock is a permitted program within the resolution governing the Community
Investment Funds program as it represents improvement to public property.
FISCAL IMPACT: The cost of thc clock is $19,535.00. This will be funded through the Community Investment Funds. In
addition to the purchase price of the clock there will be costs for the installation of the foundation and electrical connections
estimated at $2,400.
ALTERNATIVES: Do not install the clock or provide alternative methods to finance.
l~eputy'Director of Financial Services ' ' ~ity~Vl-~nager's Signature
Procurement Services
cc: Virginia Farace
Jeff Livergood
File
Department Name
City Attorney / Finance / Human Resources
S:kBULLETINWORMSkAGENDA ITEM REQUEST FORM.DOC
Wecv, escay At.r. C4. 260' :3'43 At,/' DAM AN MOgANO 94'-761-84C0 c.02
Ei;L£$ . C'AR~LLONS .
RE: Landmark Clock ~ C~on
THE
V~DIN
COMPAN~ ~. ~:
C~orate Hea~q~a~ers
~4 Reading Road
Cincinna~. Ohio 45202
:5~3-241-~010
513-24 I-lg55
.Vlan ufacturm§ Facility
)21 Ea.~tetn Avenue
Clncinnali, Ohm 452t}2
3-5~-394(~
3-221-8726 (fax)
Ct, stomet Service
2o21 Ea.~tern Avenue
CJncinnat~ Ohio .L5202
~;0-~83- 734o
513-559-79~
5~3-559-39% (fax~
Wednesday, April 04, 2001
Ms. Diane Reese, Finance Director
City of Boynton Beach
goynton Beach, FL 33425
i understand that proposals, such as what we have submitted, do not come along
that often so I would like to provide you with information to help support your
decision ro place your trust and confidence in The Verd~ Company-.
The Verdin Company is a 159-year world leader in the d~gn a~ manufacturing
of Clocks, Bells and Carillons representing six generations of family ownership.
Verdin i~ also the oldest and largest su~ company in North America.
P-X~O Ke/h~§g Avenue
Ciqc~:~rtatL Ohio 4522~
~tIlLg44-TIME
Yl 3-533-218,)
51%533-21~1
Ddmk~n R. Mora;~o
P,O. ~o~ 14851
5radent~m. ~L 3~280-4~51
'hone
F.~x: ~I .Tfi 1-8430
In 1927, Verdin invented electronic bell ringing equipment and, since then, has
been at the forefront of this technology. To date, Verdin has successfully
completed over 30,000 installations in all frfly states and thirty-eight foreign
countries, from three foot tower clocks to eishzy foot bell :owers to the world's
largest swinging bell.
To the best of our indu=~a-y knowledge, Verdin is the only manufac'au'er capable o¢
manufacm, tfing completely LtL Listed Street Clocks. We use Lexanm sha~er
resistant dial face covers. The G-lasurit 21 Line paint finish is a superior
Z~, v,,di,~ Clock Co~,p~y application originally created for the auto indust .fy and tested in Florida sun and
humidity exposure. Also, Verdin is the only fi. ri service company av,H~ie to offer
installation, On-Site Service and Preventative Maintenance programs through our
own fa:tory trained Inst_n.~tJon/$ervice Teehnicia~ located in Hollywood, FL.
We hope the above is sufficient for your understanding. We at Verdin welcame
the opportunity to create the City of Boymon Beach Landmark Clock and hope to
play a continued role in yotu' redevelopment efforts.
Sincerely,
DAMIAN MORANO
Florida Manager
Creators of the World Peace Bell
The Verdin Company
Corporate Headquarters
444 Reading Road
Cincinnati, Ohio 45202
513-241-4010
1-800-543-0488
FAX 513-241-1855
Manufacturing Fadlity
2021 Eastern Avenue
C/nc/nnati. Ohio 45202
FAX 513-221-8726
Bell & Carillon Division
Clock Division
0~ mian R. Morano
rida Branch Manager
~O. Box 14851
Brades~orc FL ;M21RI-4851
941-761-8400 phe~e
941-761-8430 fax
£-mail: drmorano~oLcom
Sales Quote from ...
THE VERDIN CO1M~~
Florid~ Br~nch Office
PHONE: (941) 761-~400
FAX: (941) 761-~4a0
FROM~. Damian Morano, Branch Manager DATE:
TO: Mr. :Bruce Black, City 0fBoynton Beach
PROJECT: "Schoolhouse Phza", Boynton Bead, FL
DESCRIFTION
One (1) Front Royal (4L) Street Clock
*P~int to your eract spedftowto~
Header Signage ~ "City ofBoj~to~ ~ .) *~ to your ~ spec/~
ImtsJhtion by The Verdin Compauy (SEE Below)
· WEATHERPROOF
· UL L~TED
AUTOMATIC~I.I.Y BACk'LIGHTED
· RESET SYSTEM LOCATED IN BASE
Jan. 19, 2001
TOTAL: $19,.~35.00
TERMS AND CONDmONS OF PuRCHASg
· PAYMENT TERMS: 50,4 with placement of order. Balance, plus
freisiu/taxes if applicable, upon oompletion.
~reators of the World Peace Bell
S42
The Verdin Company
' Corporate Headquarters
444 Reading Road
Cinc/nnati, Ohio 45202
513-241-4010
1-800-543-0488
FAX 513-241-1855
Manufacturir~ Facility
2021 Eastern Avenue
Cin 'cumati, Ohio 45202
FAX 513-221.8726
Bell & Carillon Division
Clock Division
· DELIVERY: 90 to 120 days upon receipt of signed agreement, down
payment and approved shop drawings.
· ~: Included
· TAXES: Purdmser responsible for applicable taxes.
· WARRA~: Three (3)
NOTES:
m~uf~mri~,.
SUBMITFED BY:
Dmhn
AC~ BY:
City of Boynton Be~ch
r~mian R. Morano
ida 8ranch Manager
Box 14851
Braderttort. FL 34280-4851
941-761-8400 phone
941-761-8430 fax
£-mail: drmo~oLcom
DATE ACCEPTED:
OPTION 1: Towne Crier (Singing Tower) Carillon System
1S0watt Amplifier, Two (2) FCI00 Speakers
Features: Westminster Chime, Hour Strike, Three Bell
Peal and 100 sdecfions of Seasonal Music
Price: S'/,37S.00 including Freight & Installntion
ACCEPTED:
(S mre)
Creators of the World Peace Bell
Wecne$cay April C4. 2C0' ~:43 AM DAM,AN MO~At40 ~4^ ' -/61- -84~'.v0 :.03
ANNO~CEMENT
~'t:'l. L S * (-'AFgtLLON,¥ * C10CKS
444 Reaclh'~g Road
Cmcm~arl Ohi~ 4-q20
513-24t-4810
,3t3-24;-i855
Manufacturing Fac lity
Cmc::mati, Ohio 45202
~0(~217-2'56
~13-221-M~0 flax3
TEe Yerdin
5900 Kef:
45226
51'%~33-2180
513-53.~219~
grndontoa ~ 34~-4951
Email. d rmt~ranoO,~[ eom
. Option 1 of January 19, 2001 Proposal: Towne Crier
(Singing To~r) CarillOn SySt~mi
*Effective April I, 2001, Verdin R&D has changed the
Crier (Singing Tower) Carillon system to
Carillon. Because of the vast amount of work we
for churches, we were finding that these customers were
about the ceremonial Options available to them
brochure literature. The product name was changed
lc:al c~to~er~ anil *eir specific netuts
I system. The Towne Crier (Singing Tower)
separate unit to serve only our
~ustomeFs.
*Note: This in no w~y affects the pricing or options that
have been presented in our proposal document. This
announcement is simply for clarification.
Thank you,
Morano
Florida Manager
The Verdin Company
Creators of the
World Peace Bell
11'
~ F1 I~A'flON
FINISH COX.ORS OPTIONS AV, ql. Ag~
95 Ct.K/
MODEL No. 4K MOOEL No. 41. 0,,-~7/15/95 --,,-.~ A !7_04--4
FRONT ROYAL (4L)
FEATURES
PAINT
SPADE HANDS
~ LISTED
WEATHERPROOF
OPTIONS
ROMAN, ARABIC OR VICTORIAN DIALS
ACCENT PAINTING
CUSTOM LOGO DIALS
HEADER SIGNAGE
MASTER CLOCK CONTROLLER
TI~ ~R~IN~COMPANY
INSTALLATION OPTION
ON-srr~ S~VtC~
PREVENTATIVE MAINTENANCE PROGRAMS
Requested City Commission
Meeting Dates
[] July 17,2001
[] August 7,2001
[] August 21, 2001
[] September 4, 2001
VI.-CONSENT AGEN DA
ITEM L.
CITY OF BoYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to CiW Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October 2, 2001
[] October 16, 2001
[] November 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Heating [] Legal
[] Bids [] Unfmished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Approve Addendum to Letter of Appointment for Jeffrey R. Livergood and authorize the City
Manager to execute same.
EXPLANATION: This amendment was prepared to address certain conditions outlined in the original appointment of Mr.
Liverg.ood as Director of Public Works, as well as to recognize the extra effort and excellent work put forth by Mr. Livergood
in the d~velopment of a new personnel evaluation system, and the development of the Five-Year Capital Improvement
program These two projects were not identified in the initial project list, but were taken on as additional responsibilities at the
request of the City Manager.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Department Head's Signature
City Manager's Office
Department Name
City Attorn~']°~inance / Human Resources
S:x,BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
FIRST ADDENDUM TO APPOINTMENT LETTER
This Addendum shall serve as modification to the original Appointment Letter between
the City of Boynton Beach and Jeffrey R. Livergood, Director of Public Works, dated September
26, 2000. Unless expressly modified by this Addendum, the original terms of the Appointment
Letter shall remain in full force. This Appointment is amended as follows:
The position of Director of Public Works, is a contractual appointment by the City Manager
of an individual in a specialized field and not a Civil Service position and neither the City's
Civil Service Rules and Regulations nor the City of Boynton Beach Personnel Policy Manual
are applicable to Jeffrey R. Livergood, except as expressly referenced herein. By entering
into this Addendum Jeffrey R. Livergood waives all rights under the City's Civil S,~rvice
System or Personnel Policy Manual.
Mr. Livergood shall receive the Management Incentive Package, which consists of er? ~,anced
life insurance and compensatory leave, which became effective in 2001 for Supervisory
Management Employees.
o
The City will contribute to Mr. Livergood's ICMA-RC deferred compensation account, the
sum of $8,500 per annum, or $326.92 per pay period, commencing with the August 17, 2001
paycheck. This represents an increase of $4,000 in Mr. Livergood's compensation and is
consistent with provisions outlined in the original Appointment. Mr. Livergood's base wage
will be increased from $80,000 to $82,000 per year in recognition of excellent work on
development of the new personnel evaluation system and development of the Five-Year
Capital Improvement Program. Both of these projects were not identified in the initial
project list but were taken on as additional responsibilities at the request of the City Manager.
4. Mr. Livergood shall be entitled to accrue twenty (20) vacation days per year. Such revised
vacation accrual schedule shall commence upon ratification of this Addendum.
Except as listed below, in those instances when both the Appointment Letter and this
Addendum are silent, regarding a employment term or condition which is applicable to
general City employees as set forth in the City of Boynton Beach Personnel Policy Manual
(PPM), as amended from time to time, then in that circumstance the term or condition
provided to general City employees in the PPM shall apply to Mr. Livergood. The following
Chapters of the PPM have no application and any term or condition set forth therein are not
incorporated as a term or condition of employment for Jeffrey R. Livergood: Chapters 5, 6, 9,
10, 11, 12, 13, 19, 20, 24, 25, 26, 27, 30.
In the event of a conflict between the Appointment Letter and this Addendum, the Addendum
shall control.
The foregoing provisions represent the agreement of the parties and become effect on August 17,
2001 subject to ratification by the City Commission.
Kurt Bressner
City Manager
Jeffrey R. Livergood
Director of Public Works
Dated:
Dated:
The City of Boynton Beach
OFFICE OF I'HE C~ MANAGER
P.O. Box 310
~rnto~ Beat& F~ora~a
Ci~ Ma~s ~ (~1) 7~ ~ ~0
F~I) 7~ - ~1
September 25, 2000
Mr. Jeffrey R. Livergood
6942 BlUe Flag Avenue
Woodridge, IL 60517
Re: Appointment Letter - Public WOrks Director, Boynton Beach
Dear Mr. Livergood:
I am pleased to offer you an appointment as the Director of Public Works under the following
terms and conditions:
By accepting this position you are representing to the City that you have the professional
expertise and experience to perform the services to be provided to you pursuant to the terms of
this Agreement.
You have 'been advised and understand that the position you are accepting is not a civil service
position and the City's Civil Service Rules and Regulations are not applicable to you. By
entering into this agreement, you waive all rights under the City's :Civil Service system.
You will be an at will employee of the City and you acknowledge that there has been no
representation or promise, expressed or implied fixing the term of your appointment, except as
provided for herein.
The job description for Director of Public Works is attached as Exhibit "A, and that you agree to
provide the City with the services included in the job description.
Except as otherwise expressly provided by this Appointment, as Director of Public Works you
shall at all times:
a. devote all your time, attention, knowledge, and skill solely and exclusively to
the business and interests of the City during normal working hours and at City
related events after normal business hours.
b. perform your duties and obligations faithfully, industriously, and to the best of
your ability.
America's Gateway to the Gulfstream
c. not engage in conflicting OlUtside employment except with prior written
authorization of the City Manager.
d. keep the City Manager fully informed in advance of all travel and activities
that. take you out of the office for more than a day at a time. All travel must
receive prior written approval of the City Manager.
I will, as City Manager, review and evaluate your performance at least once annually in advance
of the adoption of the annual operating budget. The review and evaluation shall be in accordance
with performance criteria developed by the City Manager, which criteria must be provided to
you in advance of the commencement of the period of evaluation. The initial performance criteria
is as set forth on Exhibit "B", attached hereto. The criteria may be added to or deleted from as
the Manager may fi.om time to time determine, except that you shall not be evaluated for tasks
if no performance criteria have been established.. At your first six-month evaluation, provided
you have achieved the goals set forth by the City Manager, you will receive an increase of 5%.
Further, the Manager shall provide to you a summary written statement of the evaluation and
provide an adequate opportunity for you to discuss your evaluation with the Manager.
Periodically, you will meet with the City Manager and define such goals and performance
objectives that are determined necessary for the proper operation of the Public Works
Department operations in attainment of the Objectives and shall further establish a relative'
priority among those various goals and objectives, which shall be reduced to writing. Such goals
and objectives shall be generally attainable within the time limitations as specified in the annual
operating and capital budgets and appropriations provided by the City.
Compensation reviews are not subject to any specific formula applicable to other City personnel.
Wage adjustments shall be at the sole discretion of the City Manager and are subject to the
appropriation of funds by the City Commission.
You shall receive an annual salary of EIGHTY THOUSAND ($80,000) DOLLARS, payable in
equal installments paid at the same intervals as the City's management personnel are paid.
The City agrees to execute ail necessary agreements provided by the International City
Management Association-Retirement Corporation (ICMA-RC) for your participation in said
ICMA-RC retirement plan, and in addition to the base salary paid by the City to you, the City
agrees to pay $4,500.00 into the ICMA-RC on your behalf, in equal proportionate amounts each
pay period, and to transfer ownership to succeeding City or you upon your resignation or
discharge. At your request, the City-paid ICMA-RC contributions will begin with the fn'st pay
period for the year 2001.
The City shall pay or reimburse you consistent with reimbursement policies for City Managerial
employees.
You shall receive the same Health Insurance benefit provided to .non-union City employees hired
after 10/1/9I.
You shall receive the same benefit Disability Insurance provided to non-union City employees
hired after 1t)/1/91.
You shall receive the same Life Insurance benefit provided to non-umon City employees hired
after 10/1/91.
You shall receive the same Retirement System benefit provided to non-union employees hired
after 10/1/91.
You shall be entitled to observe the same paid legal holidays as non-union employees hired after
10/1/91.
You shall be entitled to observe the same vacation accrual as non-union managerial employees
hired after 10/1/91. However, you will also be credited with fifteen (15) days of vacation upon
commencement of employment. These fifteen (15) days must be used within one year of
employment.
You shall be credited with twenty (20) sick leave days upon commencement of employment.
Thereafter you shall accumulate sick leave as provided under the rules and regulations for other
managerial employees of the City, including pay-out for unused Sick leave on termination based
on the standard for employees of the City hired after October 1, 1991; provided however, that
such payment shall not include the 20 sick days leave credited to you at the commencement of'
employment.
You agree to obtain three quotes for moving expenses, which shall be submitted to the City of
Boynton Beach. The City shall pay 50% of the agreed upon moving expenses upon ratification
of this Agreement, with the remainder to be paid by the City upon completion of the move. The
City shall pay for the expense of the contracted mover. Other incidental costs of relocation and
storage costs shall be borne by you.
The City shall provide you with a fleet vehicle. This City vehicle, the selection of which shall be
as agreed to by you and the City Manager, may be used by you for both City business and
personal use within Palm Beach, Broward, Dade and Martin Counties.
The City shall:
a. defend and indemnify you against all claims and actions, civil or criminal,
provided the claims or actions arise out of and in the course of the performance of your duties
and responsibilities pursuant to this Appointment; and
b. pay any judgment that may be entered against you in a civil action arising out
of and in the course of the performance of your duties and responsibilities pursuant to this
Appointment, except a judgment based on intentional wrongdoing by you.
c. reserves the fights to select, appoint, retain, or discharge legal counsel
necessary to provide the foregoing defense.
-3-
Your appointment and the term of this Appointment shall commence on the date of execution.
It is anticipated that your start date with the City shall be October 16, 2000.
This Appointment shall terminate:
a. at any time by mutual agreement of you and the City;
b. upon your sustained inability for all or substantially all of 180 calendar days in
a 190 day period to perform all or substantially all of your duties and obligations pursuant to this
Appointment as a result of physical or mental illness or condition, which inability shall be
verified at the City's expense (to the extent not covered by applicable medical insurance
maintained by the City) by a licensed physician mutually agreed upon by you and the City,
provided that state or federal law or regulation would not preclude or prohibit your separation
under the condition. In the event the parties are unable to mutually agree on a physician within
fifteen days of a request for selection, the examining physician will be selected solely by the
City.
c. at any time by the City Manager's and City Commissions' umlateral
termination of your Appointment for the position.
d. your death.
e. your resignation. A resignation shall be submitted in writing and shall provide
for an actual resignation date no later than forty-five (45) days following the date of notice of
resignation.
Unilateral termination shall be in writing, signed by the City Manager, and need not reflect
performance-related reasons. If this Appointment is terminated by unilateral action by the City
Manager, you shall be entitled only to:
a. Prorated base salary for the effective date of the termination plus one hundred
eighty (180) days, calculated as follows: Employees annual base salary shall be divided by 365
days, and that sum shall be multiplied by 180 days, less customary withholding.
b. Credit of a maximum of $2,250 into your ICMA/RC account. This amount
represents 50% of the annual amount of $4,500 agreed to be paid on your behalf into the
ICMA/RC by the.City.
c. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment;
d. an amount for accrued and unused vacation leave, not to exceed the maximum
number of days permitted by law, according to the schedule/formula for non-union employees
hired after 10/1/91;
e. an amount for accrued and unused sick leave, not to exceed the maximum
number of days permitted by law, according to the schedule/formula for non-union employees
hired after 10/1/91.
If this Appointment terminates upon mutual agreement of the parties, you shall be: entitled to:
a. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment;
b. an amount for accrued and unused vacation leave, not to exceed the maximum
number of days permitted by law, according to the Schedule/formula for non-union employees
hired after 10/1/91;
c. an .amount for accrued and unused sick leave, not to exceed the maximum
number of days permitted by law, according to the schedule/formula for non-union employees
hired after 10/1/91;
d. the total accrued deferred compensation in ICMA/RC as contributed by you or
on your behalf by the City.
If this appointment terminates due to your physical disability or death, you or your guardian or
personal representative shall be entitled only to the following compensation and benefits:
a. base salary through the last day that you performed services to or on b. ehalf of
the City;
b. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment;
c. an amount for accrued and unused sick and vacation leave, not to exceed the
maximum number of days permitted by law, according .to the schedule/formula for non-union
employees hired after 10/1/91; and
d. life and/or disability benefits if applicable.
e. the total accrued deferred compensation in ICMA/RC as contributed by you or
on your behalf by the City.
If this appointment terminates due to your resignation, you shall be entitled only to the following
compensation and benefits:
a. base salary through the date of resignation or such other date as mutually
agreed to between you and the City Manager
b. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment;
c. an amount for accrued and :unused sick and vacation leave, not to exceed the
maximum number of days permitted by. law, according to the schedule/formula for non-union
employees hired after 10/1/91;
d. life and/or disability benefits if applicable.
-5-
e. the total accrued deferred compensation in ICMAJRC as contributed by you or
on your behalf by the City.
No modification of or amendment to this Appointment shall be valid unless reduced to writing
and signed by both parties.
No collective-bargaining agreement to which the City is a party shall in whole or in pan govern,
apply to, or be deemed pan of or incorporated into this appointment.
Any civil action arising out of this Appointment or the nonperformance or breach of any
covenant contained in it shall be brought only in Palm Beach County, Florida.
The City's waiver of any breach of any term, condition, or covenant of this Appointment shall
not constitute the waiver of any other breach of the same or any other term, condition, or
covenant of this appointment.
This Agreement shall be binding on and inure to the benefit off
a. Your heirs and personal representatives; and
b. the City regardless of changes in the persons holding office as members of the.
City.
If any provision of this Appointment or the application Of any provision to any party or
circumstance shall be prohibited by or invalid under applicable law, the provision shall be
ineffective to the extent of such prohibition or invalidity without invalidating the remaining
provisions of this Appointment or their application to other parties or circumstances.
This Appointment and the terms, conditions, and covenants contained in it shall be governed by
and construed in accordance with the laws of the State of Florida.
This Appointment Letter contains the entire agreement between the City and you. All prior
agreements and understandings, whether written or oral, pertaining to the City's appointment of
you are fully abrogated and of no further force and effect fi.om and after the date of this
Appointment letter.
Regardless of which party's counsel prepared the original draft and subsequent revisions of this
Appointment, and the City and their respective counsel have had equal oppommity to
contribute to and have contributed to its contents, and this Appointment shall not be deemed to
be the product of and, therefore, construed against either of them.
The omission fi.om this letter of a term or provision contained in an earlier draft of the letter shall
have no evidentiary sigrfificance regarding the intent of the parties.
-6-
If the foregoing terms and conditions are a~;ceptable to you, please: sign the original of this letter
in the space-provided below and return it to me.
Very truly yours,
Kurt Bressner
City Manager
J~~' t~. ct~Nvr]~]~O0'
s: caxagr~emp\Li v.er g~ ~100
Rev092200
Class Code 51019
Grade: 39
55,403 / 66,483 / 83,105
FLSA: E
CITY OF BOYNTON BEACH, FLORIDA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE:
DIRECTOR, PUBLIC WORKS
PURPOSE OF CLASSIFICATION
T? purpose of this classification is to direct operations of the Public Works Department, including
administration, fleet maintenance, streets maintenance, transportation services, solid waste,
facilities maintenance, and animal control divisions.
ESSENTIAL FUNCTIONS
The following duties are normal for this position. The omission of specific statements of the
duties does not exclude them from the classification if the work is similar, related, or a logical
assignment for this classification. Other duties may be required and assigned.
Supervises, directs, and evaluates assigned staff, processing employee concerns and problems,
directing work, counseling, disciplining, and completing employee performance appraisals.
Directs operations and activities of the Public Works Department, including administration, fleet
maintenance, streets maintenance, transportation services, solid waste, facilities maintenance, and
animal control divisions; coordinates, organizes and monitors division activities; organizes,
prioritizes, and assigns work; monitors status of work in progress; inspects completed work;
troubleshoots problem situations.
Ensures departmental compliance with ali applicable codes, laws, rules, regulatior~, standards,
policies and procedures; ensures adherence to established safety procedures; initiates any actions
necessary to correct deviations or violations.
COnsults with assigned staff to review work requirements, status of work, and problems; assists
with complex or problem situations; provides direction, advice, and technical expertise.
Consults with city management, city commissioners, and other officials as needed to review
department activities, provide recommendations, resolve problems, and receive advice/direction;
makes presentations to city commission.
David M. Griffi~h & Associates, Ltd.
Page I
Last Revised: November, 1998
City of Boynton Beach, Florida · Director, Public Works
51019
Coordinates department activities with those of other departments, contractors, outside agencies, or
others as needed.
Prepares, submitS, and administers departmental budget; reviews/approves division budgets;
authorizes/monitors expenditures; determines appropriate manpower needs; authorizes/approves
overtime; seeks funding sources for engineering projects.
Manages department operations; develops and implements long/short term goals, plans, objectives,
and programs; establishes, interprets, updates, and implements policies/procedures; sets standards
for departmental performance and monitors performance of each division; sets and monitors service
p~ .... cts, recommends
levels for the department; sets engmeenng standards for department ~'!~ ·
consultants for engineering projects and monitors performance of engineering consultants.
Oversees bidding and purchase of equipment and services relating to department services.
Compiles or monitors various administrative or statistical data pertaining to department operations;
performs research as needed; makes applicable calculations; analyzes data and identifies trends;
prepares/generates reports.
Processes a variety of documentation associated with departmental operations, per established'
gmcedures and within designated timeframes; distributes documentation or retains records as
appropriate.
Prepares or completes various forms, repons, correspondence; program reports, performance
reports, productivity reports, meeting repons, policy statements, consultant recommendations, plan
reviews/evaluations, payment requests,, disciplinary actions, performance appraisals, or other
documents.
Receives various forms, repons, correspondence, division budgets, purchase requisitions, payroll
documents, construction plans, construction change orders, accident reports, performance
appraisals, disciplinary actions, contracts, policies, eodes, laws, manuals, reference materials, or
other documentation; reviews, completes, processes, forwards or retains as appropriate.
Operates a Computer to enter, retrieve, review or modify data; utilizes word processing, spreadsheet,
or other sofiware programs.
Communicates via telephone and/or two-way radio; provides information and assistance; takes and
relays messages; responds to requests for service or assistance.
Responds to complaints and questions related to department operations; provides information,
researches problems, and initiates problem resolution.
Communicates with supervisor, employees, other departments, city officials, government agencies,
contractors, vendors, community organizations, the public, outside agencies, and other individuals
David M. Griffith & Associates, Ltd.
Page 2
Last Revised: November, 1998
Cit~' of Boynton Beach, Florida · Director, Public Works
51019
as needed to coordinate work activities, review status of work, exchange information, resolve
problems, or give/receive advice/direction.
Represents the city at public forums and meetings; sets up and attends meetings; serves on.
committees as needed; makes speeches or presentations.
Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an
awareness of new trends and advances in the profession; reads professional literature; maintains
professional affiliations; attends workshops and training sessions as appropriate.
ADDITIONAL FUNCTIONS
Operates a motor vehicle to conduct work activities.
Performs other related duties as required.
MINIMUM QUALIFICATIONS
Bachelor's degree in civil engineering or closely related field;' supplemented by six (6) years
previous experience and/or training that includes progressively responsible public works
administration in a municipal environment; or any equivalent combination of education, training,
and experience which provides the requisite knowledge, skills, and abilities for this job. Must
possess and maintain a Professional Engineering License. Must possess and maintain a valid
Florida driver's license.
PERFORMANCE APTITUDES
Data Utilization: Requires the ability to coordinate, manage, and/or correlate data. Includes
exercising judgment in determining time, place and/or sequence of operations, referencing data
analyses to determine necessity for revision of organizational components, and in the formulation
of operational strategy.
Human Interaction: Requires the ability to function in a director capacity for a major
orgarfizational trait requiring significant internal and external interaction.
Eouioment~ Machinery,, Tools, and Materials Utilization: Requires the ability to operate,
maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in
performing essential functions.
David M. Griffith & Associate, Ltd.
Page 3
Last Revised: November, 1998
City of Boynton Beach, Florida · Director, Public Works
51019
Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, advisory
and/or design data and information.
Mathematical Aotitude: Requires the ability to perform addition, subtraction, multiplication
and division; ability to calculate decimals and percentages; may include ability to perform
mathematical operations involving basic algebraic principles and formulas, and basic geometric
principles and calculations.
Functional Reasonim,: Requires the ability to apply principles of logical or synthesis functions; to
deal with several concrete and abstract variables; and to ~nalyze major problems that require
complex planning for interrelated activities that can span one ~' several work units.
Situational Reasoning: Requires the ability to exercise juasment, decisiveness and creativity in
situations involving the direction, control and planning of ~n entire program or set of programs.
ADA COMPLIANCE
Physical Abili .t3': Tasks require the ability to exert light physical effort in sedentary to light'
work, but which may involve some lifting, carrying, pushing and/or pulling of objects and
materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a
keyboard or work station.
Sensory. Requirements: Some tasks require the ability to perceive and discriminate visual cues or
signals. Some tasks require the ability to communicate orally.
Environmental Factors,: Performance of essential functions may require exposure to adverse
environmental conditions, such as traffic hazards.
The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the
Americans with Disabilities Act, the City will provide reasonable accommodations to qualified
individuals with disabilities and encourages both prospective and current employees to discuss
potential accommodations with the employer.
David M. Griffith & A~o~iat~, Ltd.
Pa~e 4
Last Revised: November, 1998
Exhibit B: Initial Performance Criteria - Jeffrey Livergood
GOALS/OBJECTIVES: Public Works Administration
STRATEGIC BUSINESS FOCUS: Community involvement.
Goal No. 1: Develop an educational campaign for the Public Works rDepartment.
Objective: Provide information to all customers.
Objective: Promote departmental services.
Objective: Provide informational service brochure.
Objective: Work with media on advertising holiday sChedules~ special events and
spotlight on services.
STRATEGIC BUSINESS FOCUS: Organization effectiveness.
Goal No. 2: Conduct a Comprehensive Rate Study for Public Works Services.
Objective:
Objective:
Objective:
Objective:
Review Commercial rates & services.
Review Residential/Multi-Family rates & services.
Review Recycling rates & services.
Review Roll-off rates & services.
STRATEGIC BUSINESS FOCUS: Organization effectiveness.
Goal No. 3: Continue Development of Team Based Management.
Objective:
Objective:
Objective:
Explore new methods and styles.
Develop cross-training program for divisiOn supervisors.
Improve the quality of the workplace environment.
STRATEGIC BUSINESS FOCUS: Public Safety
Goal No.4: Develop Traffic Engineering Capability in Department in cooperation
with Police Department and Planning Department.
Objective:
~Objeetive:
Objective:
Develop staff capabilities
Assess high hazard locations
Evaluate and implement traffic calming strategies
Measurements of Achievement:
Goal No. 1: Development of informational brochure.
Goal No. 2: Compare rates with competitors.
Goal No. 3: Provide highly productive and enjoyable workplace.
Goal #4: Reduction in traffic accidents/injuries
GOALS/OBJECTIVES: Facilities Management
STRATEGIC BUSINESS FOCUS: Organizational effectiveness.
Goal No. I: Implement the new Data Stream Computer Aided Preventive
Maintenance System to reduce repair requests from our customers.
Objective: Complete equipment inventory.
Objective: Complete maintenance procedures input.
Objective: Start up scheduled work orders.
STRATEGIC BUSINESS FOCUS: Organizational effectiveness.
Goal No. 2: Complete scanning of all as-built building and park plans into CAI),
format to improve information to our customers and our staff.
Objective: New permanent record of valuable drawings.
Objective: Easier format to make future changes to drawings.
Objective: Easier format to make available to other agencies.
STRATEGIC BUSINESS FOCUS: Organizational effectiveness.
Goal No. 3: Benchmark new private contractor and staff custodians' service as to
quality, costs, and customer satisfaction in order to improve our custodial services.
Objective:
Objective:
Objective:
To review and measure services.
To conduct customer surveys.
To compare and evaluate quantitative Costs.
Measurements of Achievement:
Goal No. 1 - Start printing scheduled preventive maintenance work orders for all
buildings.
Goal No. 2 - Complete a recording of all drawings to the new format.
Goal No. 3 - Complete written statistical and quantitative report.
GOALS/OBJECTIVES: Fleet Maintenance
STRATEGIC BUSINESS FOCUS: Organizational effectiveness.
Goal No. 1: Reduce the paper trail with electronic data fries in order to provide the
most professional service possible.
Objective:
Objective:
Objective:
Minimize repairs by maximizing scheduled maintenance programs.
Communicate resource status with users.
Maximize fleet sof~are use to support the Divisions and the user's
needs.
STRATEGIC BUSINESS FOCUS: Organizational effectiveness.
Goal NO. 2: To increase technicians' knowledge, skill, and technical levels.
Objective:
Objective:
Objective:
RedUce down time by training staff.
Maintaining a full technical staff.
Utilizing updated and current diagnostic tools.
STRATEGIC BUSINESS FOCUS: Organizational effectiveness.
Goal No. 3: Improve work area safety and enhance operations.
Objective:
Objective:
Objective:
Reduce employee injuries.
Increase safety awareness programs.
Provide safety incentives.
Measurements of Achievement:
Goal gl: Positive comments from customers, reduced down time, and faster mm around
time.
Goal #2: Track downtime through H.T.E. and continue to update staff and equipment.
Goal #3: No lost time for employee injuries.
GOALS/OBJECTIVES: Solid Waste
STRATEGIC BUSINESS FOCUS: Organizational effectiveness.
Goal No. 1: Operate more efficiently in order to improve customer service through
innovation and efficiency.~
Objective:
Objective:
Objective:
Objective:
Implement route changes to pickup bulk trash on garbage day.
Balance garbage and bulk trash routes for more efficient pick-up.
Complete garbage cart implementation~
Take advantage of Solid Waste credits by separating green material.
STRATEGIC BUSINESS FOCUS: Community involvement.
Goal No. 2: Educate the residents of Boynton Beach.
Objective:
Objective:
Objective:
Objective:
Compile and distribute a Solid Waste Brochure.
Attend homeowners' meetings.
Update Solid Waste Code for Commission approval.
Work with Code Compliance for a cleaner city.
STRATEGIC BUSINESS FOCUS: Environment.
Goal No. 3: Improve the presentation of the Solid Waste fleet
Objective:
Objective:
Objective:
Objective:
Decrease equipment downtime.
Do effective Pre-Trip / Post-Trip Inspections.
Clean fleet a minimum of once a week.
Allow drivers' input on fleet improvements.
Measurements of Achievement:
Goal #1: Track cost .of operations by line of business to measure effectiveness.
Goal #2: Track code violations to measure community appearance improvements.
Goal #3: Monitor_ downtime and vehicle maintenance costs for improvements.
GOALS/OBJECTIVES: Street Maintenance
STRATEGIC BUSINESS FOCUS: Organizational Effectiveness
Goal No. 1: Find more efficient ways of maintenance and repairs by improving
equipment to provide shorter response time for repairs.
Objective: Buy new equipment such as an asphalt spreader.
Objective: Cross-train all employees in the Division.
Objective: Utilize fewer man-hours per project with teamwork.
Objective: Improve the appearance and safety of streets and walkways.
STRATEGIC BUSINESS FOCUS: Community Involvement & Organizational
Effectiveness
Goal No. 2: Clearly communicate with all Departments and customers to limit the
number of complaints and provide quicker response time.
Objective:
Objective:
Objective:
Objective:
Turn complaints into oppommities.
Handle problems immediately.
Effectively enforce policies, rules, and regulations.
Promptly respond to all requests and increase satisfaction.
STRATEGIC BUSINESS FOCUS: Organization Effectiveness
Goal No. 3: Seek continuous improvement and show steady progress with the
Division.
Objective: Organize work well.
Objective: Achieve greater results.
Objective: Maximize all City resources.
Measurements of Achievement:
Goal No. 1: Measuring accomplishments by utilizing the H.T.E. Work Order Program to
allow for tracking the successful completion of jobs and the costs of services provided.
Goal No. 2: Measuring accomplishments by utilizing the H.T.E. Work Order Program to
allow for tracking the successful completion of jobs and the costs, of services provided,
Goal No. 3: Benchmark schedules.
Transportation
BUSINESS FOCUS: Community involvement.
COntinue to provide and to improve the Shopper Hopper Service.
Meet the demands for the Shopper Hopper Service.
Continue to provide the service to the senior communities.
Expand the service to meet the growing needs of the seniors.
: BUSINESS FOCUS: Community involvement.
provide and to improve the service to the Senior Center.
Identify the needs of the Senior Center.
Meet the demands for transportation to the Center.
ISINESS FOCUS: Community involvement.
i: Add personnel and equipment to support Recreational Transportation
Add two part-time drivers to staff.
Work in cooperation with Recreation On bus acquisition.
Train the two new part-time positions.
of Achievement:
~ve the Ser~oIr Center Transit operating at 100% capacity.
2:: ye the Sho per Hopper operating at 100% capacity.
3: Have all new personnel on board by October 2000.
VI.-CONSENT AGEN DA
ITEM M.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission - Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commismon
Meeting Dates
Date Final Form Must be Turned
n to City Clerk's Office
[] July 17, 2001 July 5, 2001 (5:00 p.m.)
[] September 19, 2001
September 5, 2001 (5:00 p.m.)
,~ August 7, 2001
[] August 21,200l
[] September 4, 2001
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
[] October 2, 200t
[] October 16, 2001
[] November 6, 2001
September 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Admim'strative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Approve the Addendum to Appointment Contract for William Bingham, Director of Fire Services
and authorize the City Manager to execute the Addendum.
EXPLANATION: The City Manager has completed the annual performance review/evaluation of Chief Bingham and has
determined that the proposed changes to Chief Bingham's appointment contract are appropriate and in line with other
directors of City Departments and other Fire Chief's in neighboring communities.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Department Head's Signature
City Manager
Department Name
City Manager's Signature
City Attomdg~q l~ance / Human Resources
S:kBULLETIN~ORMSkAGENDA ITEM REQUEST FORM. DOC
FIRST ADDENDUM TO APPOINTMENT CONTRACT
This Agreement, shall serve as modification to the original Appointment Contract,
between the City of-Boynton Beach and William L. Bingham~ Director of Fire Services, dated
May 7, 199T Unless expressly modified by this Addendum, the original terms of the
Appointment Contract shall remain in full force. This Contract Appointment is amended as
follows:
Recitals, E, (Amended) The position of Director of Fire Services is a contractual
appointment by the City Manager of an individual in a specialized field and not a Civil Service
position and neither the City's Civil Service Rules and Regulations nor the City of Boynton
Beach Personnel Policy Manual are applicable to William L. Bingham, except as expressly
referenced herein. By entering into this Appointment Contract, William Bingham waives all
rights under the City's Civil Service System or.Personnel Policy Manual.
Article 4.3 (Amended) COMPENSATION AND BENEFITS. The Director of
Fire Services, William L. Bingham shall have the use of a City vehicle for business and private
use.
4.9 (Amended) Vacations. William L. Bingham shall be entitled to accrue twenty (20)
vacation days per year. Such revised vacation accrual schedule shall commence upon ratification
of this Addendum.
4.12 (New) Deferred Compensation. The City will contribute to Mr. Bingham's ICMA-
RC deferred compensation account, the sum of $3,600, effective with the August 17, 2001,
paycheck in equal proportionate amounts each pay period, in lieu of a salary adjustment.
Effective October 1, 2001, the City contribution to this deferred compensation account will
increase by $2,700, which will total $6,300 annually, in equal proportionate amounts each pay
period.
4.13(New) INCENTIVE PACKAGE. William L. Bingham shall receive the
Management Incentive Package which consists of enhahced life insurance and compensatory
leave, which became effective in 2001 for Supervisory Management Employees.
Article 17, APPLICATION OF PPM, 17.1 (New) Except as listed below, in those
instances when both the Appointment Contract and this Addendum are silent, regarding a
employment term or condition which is applicable to general City employees as set forth in the
City of Boynton Beach Personnel Policy Manual (PPM), as amended from time to time, then in
that circumstance the term or condition provided to general City employees in the PPM shall
apply to William L. Bingham. The following Chapters of the PPM have no application and any
term or condition set forth therein are not incorporated as a term or condition of employment for
William L. Bingham: Chapters 5, 6, 9, 10, 1I, 12,13, 19, 20, 24, 25, 26, 27, 30.
In the event of a conflict between the Appointment Contract and this Addendum, the
Addendum shall control.
S:\CA'~GMTSkEmployment Agreements'~ingham Contract Addendum 073101 ,doc
The foregoing provisions represent the agreement of the parties and become effect on
August 17, 2001 subject to ratification by the City Commission.
Kurt Bressner
City Manager
Dated: Dated:
William L. Bingham
Director of Fire Services
S: \CA'~AGMTSkEmployment AgreementsklSingham Contract Addendum 073101.doc
?-¢7
THIS APPOINTMENT CONTRACT is entered into between the CITY OF
BOYNTON BEACH., Florida, (the "CITY") by and through its City
Manager ("CITY MANAGER") and WILLIAM BING~ ("BINGHAM") .
RECITALS
The CITY and BINGHAM acknowledge the following premises for
this contract:
A. CITY MANAGER is the Chief Executive Officer of the CITY
and is authorized, pursuant to Section 72.I(b) to appoint
individuals in a specmalized field.
B. The CITY MANAGER on behalf of the CITY desires to
appoint BINGHAM as the Director of Fire and EMS ServiCeS for the
CITY, and BINGHAM desires to undertake that appointment.
C. In selecting BINGHAM to be appointed as Director of Fire
and EMS Services for the CITY, the CITY MANAGER has relied on all
information and materials appearing on or furnished in connection
with his application for that position, including representations
made. in oral interviews. BINGHAM represents that all such
information and materials are accurate, complete, and authentic and
5hat he is qualified to serve as Director~of Fire and EMS Services
and that the performance of such duties are specialized in nature.
D. The CITY and BINGHAM wish to reduce their agreements to
writing in order to describe their relationship with each other, to
provide a basis for effective communication between them as they
fulfill their respective functions in the operation of the Fire
Department of the CITY and to enhance administrative stability and
continuity within the Fire Department.
E. The position of Director of Fire and EMS Services is a
contractual appointment by the CITY MANAGER of an individual in a
specialized field and not a civil service' position. The CITY's
Civil Service Rules and Regulations are not applicable to BINGHAM.
F. Nothing herein shall constitute an abridgment of or
limitation to the rights and powers of the MANAGER to manage the
work force of the CITY and to organize, reorganize, create, or
abolish the CITY work force, including the appointment referenced
herein.
G. Nothing herein shall constitute an abridgment or
-1-
limita~lon on the rights and powers of the CITY Commission to
..... a~p..p~at .... or non-
appropriation of funds earmarked for departmenss, positions, or
appointments.
TERMS ~ CONDITIONS ~ AND COVENANTS
Accordingly, on the foregoing-premises and in consideration of
the mutual covenants contained in this contract, the CITY and
BINGHAM agree as follows:
ARTICLE I
Agreement for Appointment
1.1 The CITY MANAGER hereby appoints BINGHAM to serve
as Director of Fire and EMS Services for the CITY and BINGHAM
hereby accepts that appointment.
1.2 BINGHAM is an at will employee of the CITY. By
acceptance of this Contract BINGHAM acknowledges that there has
been no representation or promise, express or implied fixing the
term of his appointment. ,
ARTICLE 2
Duties and Obligations
2.1 Principal Duties and Obligations. Subject to the
CITY MANAGER's responsibilities and direction for the overall
operation of the CITY's work force, BINGHAM shall:
2.1.1 Serve as the Director of~Fire and EMS Services of
the CITY and shall perform the job responsibilities as set forth on.
Exhibit "="'
2.1.2 Perform such additional job responsibilities
related to the Fire Department of the CITY as assigned by the CITY
MAN~GER.
2.2 ~4anner of Performance. Except as otherwise
expressly provided by the contract, Director of Fire and EMS
Services at all times.shall:
2.2.1 devote all his time, attention, knowledge, and
skill solely and exclusively to the business and interests of the
CITY during normal working hours and at City related events after
normal business hours.
-2-
.=.= pe==ozm his duties and obligations =-:===' ~ ~ -
industriously, and to the bess of his ability. ~/ _~z/j. ~
except
CITYMANAGER.
2.2.4 keep the CITY MANAGER fully informed in
advance of all travel and act. ivities tha= take him out of the
office for more than a day at a time. Ail CITY related travel
plans of more than a day at a time must receive prior written
approval of the CITY MANAGER.
2.3 ResidencyRecfuirement. If not a resident of the
City of Boyncon Beach, BINGHAM shall relocate to, establish, and
thereafter maintain residency in the City of Boyn~on Beach within
one year of the date of this Agreement.
ARTICLE
Annual Performance Goals and Evaluation ·
3.1 The City Manager shall conduct a preliminary
performance evaluation no later than six (6) months from date of
employment. In conjunction with the preliminary evaluation may,
but is not required to, authorize a salary increase for BINGHAM. In
addition to the preliminary performance evaluation, the CITY
MANAGER shall review and' evaluate the performance of BINGHAM at
least once annually in advance,of the adoption of the CITY'S annual
operating budget. The review and evaluation shall be in accordance
with specific criteria developed by the MANAGER. The criteria may
be added to or deleted from as MANAGER may from time to time
determine. Further, the MANAGER shall provide BINGHAM with written
summary statement of the evaluation and provide an adequate
opportunity for BINGHAM to discuss his evaluation with the MANAGER.
No less than annually, the MANAGER and BINGHAM
shall define such goals and performance Objectives that they
determine necessary for the proper operation of the Fire Department
and shall further establish a relative priority among those various
goals and objectives, which shall be reduced to writing. Such
goals and objectives shall be generally attainable within the time
limitations as specified in the annual operating and capital
budgets and appropriations provided by the CITY.
3.2 Compensation. reviews are- not subject to any
specific formula applicable to other CITY personnel. Salary
-3-
adjustments shall be at the sole discretion of the CITY MANAGER and
are subject to the appropriasion of funds by the Cl~y Commission.
ARTICLE 4
Compensation and Benefits
4.1 Base Salary. The CITY shall pay to BINGHAM an
annual salary of SEVENTY-FIVE THOUSAND AND 00/100 ($75,000)
DOLLARS, payable in equal installmencs at the same intervals as the
CITY's managemen~ personnel are paid.
4.2 Business Expenses. The CITY shall pay or reimburse
BINGHAM for business expenses subject to review and approval by the
City.
4.3 Automobile. BINGHAM shall have use of a CITY
vehicle during all work hours. BINGHAM shall not use his own
vehicle while on CITY business, except with notice to and consent
of the CITY MANAGER.
4.4 Health Insurance. BINGHAM shall receive the same
benefit provided to non-union City employees hired after 10/1/91,
plus dependent.
4.5 Disability Insurance. BINGHAM-shall receive the
same benefit provided ~o non-union City employees hired after
10/1/91.
4.6 Life Insurance. BINGHAM shall receive the same
benefit provided to non-union City employees hired after 10/1/91.
4.? Participation in Retirement System. BINGHAM, if
otherwise eligible, shall be enrolled?in and shall enjoy all
benefits provided under the Firefighter=s Pension Plan.
4.8
same paid
10/1/91.
Holidays. BINGHAM shall be entitled to observe the
legal holidays as non-union employees hired after
4.9 Vacations. BINGHAM shall be entitled the same
vacation accrual as non-union employees hired after 10/1/91. Use
of vacation time shall be coordinated with and approved by the CITY
MANAGER.
4.10 Sick Leave. BINGHAM shall be entitled to accrue
sick leave and be subject to the same sick leave policies as non-
union employees hired after 10/1/91.
4.11
Moving Exl~enses. The CITY shall reimburse BINGHAM
'--4--
for actually incurred moving expenses, not to exceed $I,000:.00.
ARTICLE 5
Indemnification and Reimbursement
5.1
Indemnification. The CITY shall:
5.1.1 defend and indemnify BINGHAM against all claims and
actions (civil, administrative or criminal), provided the claims or
actions are not initiated by the CITY and arise out of and in the
course of the performance of his duties and responsibilities
pursuant to this contract; and
5ol.2pay apy judgment or settlement, if approved by the
City Commission, that may be entered against BINGHAM in any action
referenced in 5.1.1. provided BINGHAM was in the course of the
performance of his duties and responsibilities pursuant to this
contract, except a judgment based on intentional wrongful
misconduct by BINGHAM.
5.1.3CITY reserves the right to select, appoint, retain,
or discharge legal counsel necessary to provide the defense
referenced herein.
ARTICLE 6
Duration of Contract
6.1 BINGHAM's a~_~,ointment and the term of t%i~TContract
shall commence on the ~t day of ~ ~ , 1 . This
appointment has no fixed te~and may be-~e--r~'~i~ted as set forth in
Article 7 hereof.
ARTICLE 7
Termination of Contract
7.1 Events of Termination. This Contract shall
terminate:
the CITY;
7.1.1
at any time by mutual agreement of BINGHAM and
7.1.2 upon BINGHAM's sustained inability for all or
substantially all of 180 calendar days in a 190 day period to
perform all or substantially all of his' duties and obligations
pursuant to this Contract as a result of physical or mental illness
-5-
or condition, which inability shall be verified at the CITY's
expense (to the extent no5 covered by applicable medical insurance
maintained by the CITY) by a licensed physician selected by the
CITY;
7.-l.3at any time by the CITY's unilateral termination of
BINGHAM's Contract'for the position.
7.1.4the death of BINGHAM.
7.1.5the resignation of BINGHAM. A resignation shall be
submitted in writing and Shall provide for a actual resignation
date no later than foray-five (45) days following the date of
notice of resignation.
7.2 Rights and Obligations Upon Unilateral Termination by
CITY. Unilateral termination shall be in writing, signed by the
CITY MANAGER and need not reflect performance related reasons. If
this Contract is terminated by unilateral action by the CITY
MANAGER, BINGHAM shall be entitled only to:
7.2.1Prorated base salary for the effective date of the
termination plus ninety (90) days;
7.2.2 reimbursement for as-yet un-reimbursed expenses
pursuant to this Contract;
7.2.3 an amount for accrued and unused vacation leave,
not to exceed the maximum number of days permitted by law,
according to the schedule/formula for non-union employees hired
after 10/1/91;
7.2.4 an amount for accrued and unused sick leave, not to
exceed the maximum number of days permitted by law, according to
the schedule/formula for non-union employees hired after 10/1/91.
7.3 Rights and Obligations U~on Termination by Mutual
A~reement. If this Contract terminates upon mutual agreement of
the parties, BINGHAM shall be entitled to:
7.3.1base salary accrued to the agreed date of
termination;
7.3.2reimbursement
pursuant to this Contract;
for as-yet
un-reimbursed
expenses
7.3.3an amount for accrued and unused vacation leave,
not to exceed the maximum number of days permitted by law,
according to the schedule/formula for non-union employees hired
after 10/1/91;
-6-
7.3.4~n .am.o~r for accr~led and
exceed the maximum number of days permitted
the schedule/formula for non-union employees
sick leave, not
tO
7.4 Rights ~and
Disability or If this
physical .ty or death,
representative shall be entitled (
and benefits:
to
or his ardian or Dnal
to the following compensation
7,4.1base salary through the last day that BINGHAM
performed services to or on behalf of the CITY;
7.4.2reimbursement for as-yet un-reimbursed expenses
pursuant to this Contract;
7.4.3an amount for accrued and unused sick and. vacation
leave, not to exceed the maximum number of days permitted by law,
according to the schedule/formula for non-union employees hired
after 10/1/91; and
7.4.41ife and/or disability benefits if applicable.
7.5 P~ghts and Obligations Upon Termination Due to
Resignation. If this Contract terminates due to BINGHAM's
resignation, BINGHAM shall be entitled only- to the following
compensation and benefits: ._~
7.5.1base salary through the date of resignation or such
other date as mutually agreed to between BINGHAM and the CITY
MANAGER;
7.5.2reimbursement for as-y~t un-reimbursed expenses
pursuant to this Contract;
7.5.3an amount for accrued and unused sick and vacation
leave, not to exceed the maximum number of days permitted by law,
according to the schedule/formula for non-union employees hired
after 10/1/91;
7.5.41ife and/or disability benefits if applicable.
ARTICLE 8
Modification or Extension of Con~rao=
8,1 MocLification and Amendment. No modification of or
amendment to this Contract shall be valid unless reduced to writing
and signed by both parties.
-7-
ARTICLE 9
Inapplicability of Collective-Bargainlng Agreements
9.1 No collective-bargaining agreement to which the
CITY is a party shall in whole or in par~ govern, apply to, or be
deemed part of or incorporated into this Contract.
ARTICLE 10
V~nue
10.1 Any civil action arising out of this Contract or
the nonperformance or breach of any covenant contained in it shall
be.brought only in Palm Beach County, Florida.
ARTICLE 11
Waiver
11.1 The CITY's or BINGHAM's waiver of any breach of
any term, condition, or covenant of this Contract shall not
constitute the waiver of any other breach of the same or any Qt~er
term, condition, or covenant of this Contract.
ARTICLE 12
Appli~ili~ to Successors
12.1
benefit cf:
This Contract shall be binding on and inure to the
12.1.1
BINGHAM's heirs and~personal representatives;
and
12.1.2 the CITY regardless of changes in the persons
holding office as members of the CITY.
ARTICLE 13
Severability of Provisions
13.1 If any provision of this Contract or the
application of any provision to any party or circumstance shall be
prohibited by or invalid under applicable law, the provision shall
be ineffective to the eXtent of such prohibition or invalidity
without invalidating the remaining provisions of this Contract or
their application to. other parties or circumstances.
-8-
ARTICLE 14
Governing Law
14.1 This Contract
covenants contained in
accordance with the laws of
and the terms,
conditions, and
and construed in
ARTICLE 15
Integration of All Agreements and Understandings
15.1 This Contract contains the entire agreemenu between
the CITY and BINGHAM. Ail prior agreements and understandings,
whether written or oral, pertaining to the CITY's appointment of
BINGHAM are fully obrogated and of no further force and effect from
and after the date of this Contract.
15.2 Regardless of which party of party's counsel
prepared the original draft and subsequent revisions of this
Contract, BINGHAM and the CITY and their respective counsel have
had equal opportunity to contribute to and have contributed to its
contents, and this Contract shall not be dee/ned to be the product
of and, therefore, construed against either of them.
15.3 The omission from this Contract of a term or
provision contained in an earlier draft of the Contract shall have
no evidentiary significance regarding the~contractual intent of the
parties.
ARTICLE 16
Execution of Contract
16.1 Only one original of this Contract shall be signed
by the parties. The original shall be maintained by the City
Clerk. No term, condition, or covenant of this Contract shall be
binding on either party until both parties have signed it.
E~CUTED on the respective dates set forth below.
.__- -- Dated: c
WILLIAM BINGP~
-9-
CITY OF BOYNTON BEACH
By:
Dal:ed:
s: ca\wp\ agr\Bingh~a
-10-
EXHIBIT A
DIRECTOR OF FIRE AND EMS SERVICES
CHARACTERISTICS OF THE APPOINTMENT AND SCOPE OF DUTIES
The appointee is responsible for all employees and activities of the Fire Department.
The appointee plans, organizes and directs an emergency organization specifically
concerned with:
1. Preventing and minimizing loss of life and property by fire;
2. Providing emergency life support and stabilization service to critically ill or
injured persons;
3. Administering all aspects of the Department including poliCies, training,
budgeting, personnel supervision and direction.
The appointee must be familiar with the cause and method of extinguishing every
possible type of fire, and be continually available to taker'active command of
extinguishing major fires and providing an administrative network of supervisory.
officers to serve in the appointee's absence.
The work is performed with considerable independence and latitude in supervising
and being responsible for all technical fire operations.
The appointee must be able to work within the framework of the municipal policy
established by the City Commission and the City Manager. The work of the
appointee is reviewed through the results achieved and is performed under the
general supervision of the City Manager. The appointee performs other work as
required by the City Manager.
!L_LUSTRATlVE TA~KS
(Note: These examples are intended only as illustrations of the vadous types of work
performed in this position. The omission of specific statements of duties does not
exclude them from this position if the work is similar, related or a logical assignment
to the d~3alllller~s function.)
Directs and is responsible for personnel, property and operations of the department.
Reviews through written local'reports or personal observation and takes necessary
action to improve delhi operations.
and departme~l, tal
Directs the administrative ~'~,,-~'~'~-~-"-1'~,
~enditures Preoares the budget unclar trte al~on ? me ~.,~ty ,,._,~_.,.,
~valu'"'-'a~s th~ need' 'for and rec~3mmends the addition of new rnen, matena~,
apparatus or supplies.
Responds to alarms and personally directs activities at larger fires and/or reviews
the supervisory activities of subordinates at other emergency events.
Supervises and reviews the activities of the Fire Marshall to ensure reasonable and
responsible inspection of building and property, enforcement of fire prevention
codes, ordinances and laws.
Prepares the annual departmental budget and exercises control over expenditures
and personnel.
Supervises and reviews the activities of the Paramedic Coordinator and Paramedic
program as an integral part of the fire suppression program of the City to insure
adherence to departmental standards in training and preparedness in Paramedic
and firefighting abilities and judgments.
Responsible for maintenance and repair of Fire Department buildings and
apparatus, supervises the maintenance of Fire Department records, prepares
reports and correspondence.
KNOWLEDGE, SKILLS AND ABILITIES:
Thorough knowledge of principles and practice of modem firefighting equipment and
apparatus.
Knowledge of principles of budgetary development, administration and supervision.
Considerable knowledge of the principles of municipal fire department
administration, and the ability to plan, initiate and carry out long term programs and
Fire Department organizational development, fire prevention and Fire Department
program development
The ability to plan, evalUate,, assign and coordinate activities, personnel and
equipment of the Fire Department
Proven ability to establish and maintain positive, effective working relationships with
all groups of City department employees as well as the general public.
Performs the following executive, type duties: interviews, selects and trains
employees; directs work assignments; maintains productions records for use in
supervision of control; appraises productivity or effidancy for the purpose of
recommending ~ons or other changes in status; handles complaints and
grievancee, plans work and provides for safety of employees.
EDUCATION AND JOB RELATED EXPERIENCE
Associates Degree in Fire Science, Public Administration or a Related Field with
specialized training in mo~:l_?rn Fire Department Administration is required.
Bachelors Degree in Fire Science or related field is preferred. Must have a
minimum of 12 yearn experience in a full service Fire. Department and have 6 or
more years experience in a command/supervisory position. Must have.thorough_
knowledge of firefighting, fire prevention, ALS emergency rescue principles and
practices. A graduate of the National Fire Academy Executive Fire Officer Program
is preferred. Must have Fio'dda State Certification or be able to obtain such within 10
months of employment.
PhySical Demands:
Degree of physical demands (strength) usually associated with this' classification:
Types of Physical Demands usually associated with this classification:
Talking, Headng,: Seeing: or exchanging ideas by means of
spoken word). (Headng ~. e~r). (Seeing - The ability
to
Reaching, Handling, Fingering, Feeling: (Reaching -Extending the hand(s) and
arm(s) in anY dir~tioni. ( Handling - Seizing, holding, grasping, turning, or
other~se working .with hand or hands (fingering not involved). (Finge;"ing ~- piing,
pinching, or otherwise working with fingers primarily (rather than with whole hand or
arm as in handling). (Feeling - Percei'~ing attributes.of objeX., s. uc~h..a.s size, .~_ape,
temperature, or texture by means of receptom in Skin~ particularly those of ringer
tips).
Environmental Conditions:
Physical Surroundings usually associated with classification:
The worker is subject to inside environmental conditions: protection from weather
conditions but not necessarily from temperature cha .n_ges.
which may be repmsentatNe, but not
Machines Tools E -' i nt and Work _.N .d~. wm
all in ose commonly essociet~ with this type of work:
Telephone, adding machine, computer, blueprints, guide books, meesudng
instruments, public records, fecleral ~ state s~ute books, reference books,
standard operating procedures, etc.
IN THE EVENT OF A. CONFLICT BE31~_ E.N_ TI'I~_..E~_H..~I_B~'.,,, AI~I_.D THE
APPOINTMENT CONTRACT, THE TERMS AND CONDITa~Na Ur THE
APPOINTMENT CONTRACT SHALL CONTROL
VI.-CONSENT AGENDA
ITEM N.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission -
Meeting Dates
[] July 17,2001
August 7, 2001
[] August 21, 2001
[] September4, 2001
Date Final Form Must be Turned
in io City Clerk's Office
July5, 2001 (5:00p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October 2, 2001
[] October 16, 2001
[] November 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Pubhc Hearing [] Legal
[] Bids [] UmfmishedBnsiness
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Approve the Addendum to Appointment Contract for Quintus L. Greene, Director of
Development for the City of Boynton Beach and authorize the City Manager to execute the Addendum.
EXPLANATION: The City Manager has completed the annual performance review/evaluation of Quintus L, Greene and
has determined that the proposed changes to Mr. Greene's appointment contract are appropriate and in line with other
directors of City Departments.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Department Head's Signature
City Manager
Department Name
r':'; ~it37Manager,s Signature
City Attorl~e~t 7 Finance / Human Resources
S:~BULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC
FIRST ADDENDUM TO APPOINTMENT CONTRACT
This Addendum amends the original Appointment Contract between the City of Boynton
Beach and Quintus Greene, Director of Development, dated November 16, 1999. Unless
expressly modified~ by this Addendum, the original terms of the Appointment Contract shall
rer~ain in full force ~his Contract Appointment is amended as follows:
Recitals, E. (Amended) The position of Director of Development is a contractual
appointment by the City Manager of an individual in a specialized field and not a Civil Service
position and neither the City's Civil Service Rules and Regulations nor the Personnel Policy
Manual are applicable to Quintus L. Greene, except as expreSsly referenced herein. By entering
into this Appointment Contract, Quintus L. Greene waives all fights under the City's Civil
Service System or Personnel Policy Manual.
Article 4.1 (Amended) BASE SALARY. The City shall pay to Quintus L. Greene
an annual salary of Eighty-Seven Three Hundred Sixty and no/100 ($87,360.00) Dollars, payable
in equal installments payable at the same time as the City's Management Personnel are paid.
Article 4.2 (Amended) DEFERRED COMPENSATION. City and Quintus L.
Greene agree to execute all necessary agreements provided by the Public Employees Benefit
Services Corporation (PEBSCO) for Mr. Greene's participation in said PEBSCO retirement plan,
and in addition to the base salary paid by the City to Mr. Greene, the City agrees to pay an
amount equal to five (5%) percent of Mr. Greene's base salary or $5,000 whichever is less, into
PEBSCO on Mr. Greene's behalf, in equal monthly proportionate amounts each pay period, and
to transfer ownership to succeeding'CITY to Quintus L. Greene upon Mr. Greene's resignation
or discharge. Quintus L. Greene shall be eligible for participation in the City of Boynton Beach
General Pension Plan.
4.12 (New) INCENTIVE PACKAGE. Quintus L. Greene shall receive the
Management Incentive Package which consists of enhanced life insurance and compensatory
leave, which became effective in 2001 for Supervisory Management Employees.
Article 17, APPLICATION OF PPM, 17.1 (New) Except as listed below, in those
instances when both the Appointment Contract and this Addendum are silent, regarding a
employment term or condition which is applicable to general City employees as set forth in the
City of Boynton BeaCh Personnel Policy Manual (PPMP), as amended from time to time, then in
that circumstance the term or condition provided to general City employees in the PPM shall
apply to Quintus L. Greene. The following Chapters of the PPM have no application and any
term or condition set forth therein are not incorporated as a term or condition of employment for
Quintus L. Greene: Chapters 5, 6, 9, 10, 11, 12, 13, 19, 20; 24, 25, 26, 27, 30.
In the event of a conflict between the Appointment Contract and this Addendum, the
Addendum shall control.
S:\CA\AGMTS'4~mploymcat Agreemenm\~e Contra~ Addendum 072401 .do~
The foregoing provisions represent the agreement of the parties and become effect on
August 17, 2001 subject to ratification by the City Commission.
Kurt Bressner
City Manager
Dated: Dated:
Quintus L. Greene
Director of Development
S :\CAX~AGMTS~mployngnt Agrccments\Grec~c Contract Addendum 072401 .doc
RESOLUTION NO. R99-/,4~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING
_ THE APPOINTMENT OF DIRECTOR OF
DE~
IZING THE CITY MA
TO EXECUTE AN APPOINTMENT CONTRACT ON
BEHALF OF THE CITY WITH QUINTUS L. GREEN;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, upon the recommendation of staff, the City desires to employ the
services of L. Green Director of Development of the City of Boynton
Quintus
as
I
Beach, Flodda; and
WHEREAS, it is the desire of the City Commission to provide certain benefits
and requirements regarding the employment of Quintus L. Green by the City; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSIOI~0F
DHE CITY OF BOYNTON BEACH, FLORIDA, THAT:
~ The City Commission of the City of Boynton Beach, Flodda
does hereby confirm the appointment of Quintus L. Green as Director of
Development of the City of Boynton Beach, Florida and authorizes the City Manager
to execute an Appointment Contract on behalf of the City of Boynton Beach with
Quintus L. Green, said Contract being attached hereto as Exhibit "A", and
~ncorporated herein by reference.
~ This Resolution shall become effective immediately upon
~assage.
APPOINTMENT CONTRACT
THIS APPOINTMENT CONTRACT is entered into between the CITY OF
BOYNTON BEACH, Flodda; (the "CITY") by and through its City Manager ("CITY
MANAGER") and Q01NTUS L. GREENE.
RECITALS
The CITY and QUINTUS L. GREENE acknowledge the following premises for
this contract:
A. The CITY MANAGER is the Chief Executive Officer of the CITY and is
authorized, pursuant to Section 72.1(b)to appoint individuals in a specialized field.
B. The CITY MANAGER on behalf of the CITY desires to appoint QUINTUS
L. GREENE as an Director of Development for the CITY, and QUINTUS L. GREENE
desires to undertake that appointment.
C. In selecting QUINTUS L. GREENE to be appointed as Director of
Development for the CITY, the CITY MANAGER has relied on all information and
materials appearing on or furnished in connection with his application for that position. '
QUINTUS L. GREENE represents that all such information and materials are accurate,
complete, and authentic and that he is qualified to serve as Director of Development
and that the performance of such duties are specialized in .nature.
D. The CITY and QUINTUS L. GREENE wish to reduce their agreements to
writing in order to descdbe their relationship with each other, to provide a basis for
effective communication between them as they fulfill their respective governance and
administrative functions, and to enhance administrative stability and continuity within
the City of Boynton Beach.
E. The position of Director of Development is a contractual appointment by
the CITY MANAGER of an individual in a specialized field and not a civil service
position and the CITY's Civil Service Rules and Regulations are not applicable to
QUINTUS L. GREENE. By entedng into this appointment contract, QUINTUS L.
GREENE waives all dghts under the City's Civil Service system.
F. Nothing herein shall constitute an abridgment of or limitation to the dghts
and powers of the MANAGER to manage the work force of the CITY and to organize,
reorganize, create, or abolish the CITY work force, inclUding this appointment except as
provided for herein.
S:CA~AGI~EMPt. OYMEN'~C~'eene - 1 -
G Nothing herein shall constitute an abridgment or limitation on the rights
and powers of the City Commiss on to create or alte~' the work force of the C T~ by
appropriaton or non-appropriation of funds earmarked for departments, positions, or
appointments.
Accordingly, on the foregoing premises and in consideration of the mutual
covenants contained in this .contract, the CITY and QUINTUS L. GREENE agree as
follows:
Agreement for Appointment
1.1 The CITY MANAGER hereby appoints QUINTUS L. GREENE to
serve as Director of Development for the CITY and QUINTUS L. GREENE hereby
accepts that appointment and undertakes that appointment.
1.2 QUINTUS L. GREENE is an at will employee of the CITY. By
acceptance of this Contract QUINTUS L. GREENE acknowledges that there has been
no representation or promise, expressed or implied fixing the term of his appointment., ·
except as provided :for herein.
Duties and Obligations
2.1 Principal Duties and Obligations. Subject to the City Manager's
responsibilities and direction-for the overall operation of the CITY's work force,
QUINTUS L. GREENE shall:
2.1.1 serve as Director of Development of the CITY. The job description
for Director of Development is attached as Exhibit "A".
2.1.2 the Director of Development is responsible for additional activities
associated with the Community Redevelopment Agency. Those responsibilities are as
set forth on Exhibit "B".
2.2 Manner of Performance. Except as otherwise expressly provided
by this contract, as Director of Development, he shall at all times:
2.2.1 devote all his time, attention, knowledge, and skill solely and
exclusively to the business and interests of the CITY during normal working hours and
at City related events after normal business hours.
$ :CA~A,C__.~;['~MI~.OYMENT~Greene
-2'
2.2.2 perform his duties and obligations faithfully, industriously, and to
the best of-his ability.
2.2.3 not engage in conflicting outside employment except with prior
written disclosure to'the CITY MANAGER.
2.2.4 keep the CITY MANAGER fully informed in advance of all travel
and activities that take him out of the office for more than a day at.a time. All travel
must receive prior wdtten approval of the CITY MANAGER.
2.3 Certification. Within one year from date of appointment, QUINTUS L.
GREEN will obtain and maintain a valid National Council of Architectural Registration
Board Certification.
ARTICLE
Annual Performance Goals and Evaluation
3.1 The CITY MANAGER shall review and evaluate the performance of
QUINTUS L. GREENE at least once annually in advance of the adoption of the annual
operating budget. The review and evaluation shall be in accordance with performance,
criteria developed by the CITY MANAGER, which criteria must be provided tb
QUINTUS L. GREENE in advance of the commencement of the pedod of evaluation.
The initial performance cdteria is as set forth on Exhibit "C", attached hereto. The
criteria may be added to or deleted from as the MANAGER may from time to time
determine, except that QUINTUS L. GREENE shall not be evaluated for tasks if no
performance cdteda have been established. Further, the MANAGER shall provide
QUINTUS L. GREENE with a summary written statement of the evaluation and provide
an adequate opportunity for QUINTUS L. GREENE to discuss his evaluation with the
MANAGER.
3.2 Periodically, the MANAGER and QUINTUS L. GREENE shall define such
goals and performance objectives that they determine necessary for the proper
operation of the Development Department operations in attainment of the objectives
and shall further establish a relative pdodty among those vadous goals and objectives,
which shall be reduced to wdting. SuCh goals and objectives .shail be generally
attainable within the time limitations as specified in the annual operating and capital
budgets and appropriations provided by the CITY.
3.3 Compensation reviews are not subject to any specific formula applicable
to other CITY personnel. Wage adjustments shall be at the sole discretion of the CITY
MANAGER and are subject to the appropriation of funds by the City Commission. In no
case shall any wage adjustments result in a decrease in salary from the amounts
indicated in Article 4 herein.
$ :CAt, AGR~EM PLOYM EN'T~ -3-.
ARTICLE 4
Compensation and Benefits
4.1 Base Salary. The CITY shall pay to QUINTUS L. GREENE an
annual salary of E GHTY-FOUR THO,USAND ($84,000), payable in equal, installments
paid at the same intervals as the CITY s management personnel are paid.
4.2 Deferred Compensation. City and QUINTUS L. GREENE agree to
execute all necessary agreements provided by the Public Employees Benefit Services
Corporation (PEBSCO)for QUINTUS Lo GREENE'S participaticn in said PEBSCO
retirement plan, and in addition to the base salary paid by the CITY to QUINTUS L.
GREENE, CITY agrees to pay.an amount equal to Five (5%) percent of QUINTUS L.
GREENE'S base salary, or $5,000.00, whichever is less, into PEBSCO on QUINTUS L.
GREENE'S behalf, in equal proportionate amounts= each pay period, and to transfer
oWnership to succeeding CITY or QUINTUS L. GREENE upon QUINTUS L..
GREENE'S resignation or discharge. QUINTUS L. GREENE will not participate in, nor
be covered by the City of Boynton Beach's General Pension Plan.
4.3 Business Expenses. The CITY shall pay or reimburse QUINTUS
L. GREENE consistent with reimbursement policies for CITY managerial employees.
4.4 Automobile, Automobile. QUINTUS L. GREENE shall be
compensated for use of hiS personal vehicle for city business in the amount of $300.00
per month.
4.5 Health Insurance. QUINTUS L. GREENE shall receive the same
benefit provided to non-union City employees hired after 10/1/91.
4.6 Disability Insurance. QUINTUS-L. GREENF_ shall receive the
same benefit provided to non-union City employees hired after 10/1/91.
4.7 Life Insurance. QUINTUS L. GREENE shall receive the same
benefit provided to non-union City employees hired after 10/1/91.
4.8 Participation in Retirement System. QUINTUS L. GREENE in
lieu of participation in the General Employees Pension Plan, shall receive deferred
compensation as set forth in paragraph 4.2 above_
4.9 HOlidays. QUINTUS L. GREENE shall be entitled to observe, the
same paid le~j~:~i holidays as non-union employees hired after 10/1/91.
4.10 Vacations. QUINTUS L. GREENE shall be entitled to observe the
same vacation accrual as managerial employees hired after 10/1/91.
$:CA'~AGi~'~EMI~t. OYM EN'r~Gme~e
4.11- Sick Leave. QUINTUS L. GREENE shall be entitled to accrue sick
leave and be subject to the same sick leave policies as non-union employees hired
after 10/1/91.
ARTICLE 5
Indemnification and Reimbursement
5.1
Indemnification of the Director of Development.
The CITY shall:
5.1.1 defend and indemnify QUINTUS L. GREENE against all
claims and actions, civil or criminal, provided the claims or actions arise out of and in
the course of the performance 'of his duties and responsibilities pursuant to this
Contract; and
5.1.2 pay any judgment that may be entered against QUINTUS L.
GREENE in a civil action arising out of and in the course of.the performance of his
duties and responsibilities pursuant to this contract, except a judgment based on,
intentional wrongdoing by QUINTUS L. GREENE.
5.1.3 CITY reserves the dghts to select, appoint, retain, or
discharge legal counsel necessary to provide the foregoin§' defense.
ARTICLE 6
Date of Appointment
6.1 QUINTUS L. GREENE's appointment and the term of this Contract
shall commence on the date of ratificatiOn of this contract by the City Commission.
Termination of Contract
7.1
Events of Termination. This Contract shall terminate:
7.1.1 at any time by mutual agreement of QUINTUS L. GREENE and the
7.1.2 upon QUINTUS L. GREENE's sustained inability for all or
substantially all of 180 calendar days in a 190 day period to perform all or substantially
all of his duties and obligations pursuant to this Contract as a result of physical or
mental i Iness or condition, which inabili*v shall be verified at the CITY's expense (to the
extent not-covered by applicable me~ cai in'su the CITY) by a
licensed physician mutualy agreed upon by QUINTUS L. and the CITY,
provided that state or federal law or regulation would not preclude or prohibit QUINTUS
L. GREENE's separation under the condition. In the are unable to
mutually agree on a of a re for selection, the
examining physician will be selected solely by the CITY.
7.1.3 at any time by the CITY MANAGER's and CITY
COMMISSION's unilateral termination of QUINTUS L. GREENE's contract for the
position.
7.1.4
the death of QUINTUS L. GREENE.
7.1.5 the resignation of QUINTUS L. GREENE. A resignation
shall be submitted in writing and shall provide for an actual resignation date no later
than forty-five (45) days following the date of notice of resignation.
7.2 Rights and Obligations Upon Unilateral Termination by CITY.
Unilateral termination shall =be in writing, signed by the CiTY MANAGER, and need not
reflect performance related reasons. If this Contract is terminated by unilateral action.
by the CITY MANAGER, QUINTUS L. GREENE shall be entitled only to:
7.2.1 Prorated base salary for the effective date of the termination
plus one hundred fifty (150) days, calculated as folloWs: Employees annual base
salary shall be divided by 365 days, and that sum shall 'be multiplied by 150 days, less
customary withholding.
7.2.2
to this Contract;
reimbursement for as-yet unreimbursed expenses pursuant
7.2.3 an amount for accrued and unused vacation leave, not to
exceed the maximum number of days permitted by law, according to the
schedule/formula for non-union employees hired after 10/1/91;
7.2.4 an amount for accrued and unused sick leave, not to exceed
the maximum number of days permitted by law, according to the schedule/formula for
non-union employees hired after 10/1/91.
7.3 Rights and Obligations
Agreement. If this Contract terminates upon
QUINTUS L. GREENE shall be entitled to:
Upon Termination by Mutual
mutual agreement of the parties,
7.3.1 Prorated base salary for the effective date of termination
S'
plus 150 days, calculated as follows: Employee annual base salary shall be divided
S:CA~AG R'~.MPt. OYMENT~Gr~'Ie
-6-
by 365 days, and that sum shall be multiplied by 150 days less customary withholding;
7.3.2
to this Contract;
reimbursement for as-yet unreimbursed expenses pursuant
7.3.3 an amount for accrued and unused vacation leave, not to
eXceed the maximum number of days permitted by law, according to the
schedule/formula for non-un~on employees hired before 10/1/91;
7.3,4 an amount for accrued and unused Sick leave, not to exceed
the maximum number of days permitted' by law, according to the schedule/formula for
non-union employees hired before 10/1/91;
7.3.5 The total accrued deferred compensation as provided by Article 4.2
herein.
7.4 Rights and Obligations Upon Termination Due to Disability or
Death. If this Contract terminates due to QUINTUS L. GREENE's.physical disability or.
death, QUINTUS L. GREENE or his guardian or personal representative shall be
entitled only to the following compensation and benefits:
7.4.1 base salary through the last day that QUINTUS L. GREENE
performed services to or on behalf of the CITY;
7.4.2
to this Contract;
reimbursement for as-yet unreimbursed expenses pursuant
7.4.3 an amount for accrued and unused sick and vacation leave,
not to exceed the maximum number of days permitted by law, according to the
schedule/formula for non-union employees hired before 10/1/91; and
7.4.4
life and/or disability benefits if applicable.
7.4.5
Article 4.2 herein.
the total accrued deferred compensation as provided by
7.5 Rights and Obligations Upon Termination Due to Resignation.
If this Contract terminates due to QUINTUS L. GREENE's resignation, QUINTUS L.
GREENE Shall be entitled only to the following= compensation and benefits:
7.5.1 base salary through the date of resignation or such other
date as mutually agreed to between QUINTUS L. GREENE and the CITY MANAGER;
7.5.2
to this Contract;
reimbursement for as-yet unreimbursed expenses pursuant
S:CA',AGR~.MPt,OYMEN'~Gmene - 7*-
7.5.3
not to exceed the maximum number of days permitted by law,
schedule/formula for non-union employees hired before 10/1/91;
7.5.4
7.5.5
Article 4,2 herein.
an amount for accrued and unused sick and vacation leave,
according to the
life and]or disabi ity benefits if applicable.
the total accrued deferred compensation as provided by
Modification or extension of Contract
8.1 Modification and Amendment. No modification of or amendment
to this Contract shall be valid unless reduced to writing and signed by both :parties,
Inapplicability of Collective-Bargaining Agreements
9.1 No'collective-bargaining agreement to which the CITY is a part~
shall in whole or in part govern, apply to, or be deemed part of or incorporated into this
Contract. ~
$:CA~A~Pt.OYMEN~ -8-"
Venue
10.1 Any civil action arising out of this Contract or the nonperformance
or breach of any covenant contained in it shall be brought only in Palm Beach County,
Florida.
ARTICLE 11
Waiver
11.1 The CITY's waiver of any breach of any term, condition, or
covenant of this Contract shall not constitute the waiver of any other breach of the
same or any otherterm, condition, or covenant of this Contract.
ARTICLE 12
Applicability to Successors
12.1 This Contract shall be binding on and inure to the benefit of: ·
12.1.1 QUINTUS L. GREENE's heirs and personal representatives; and
12.1:2the CITY regardless of changes in the persons holding office as
members of the CITY.
Severability of Provisions
13.1 If any provision of this Contract or the application of any provision
to any party or circumstance shall be prohibited by or invalid under applicable law, the
provision shall be ineffective to the extent of such prohibition or invalidity without
invalidating the remaining provisions, of this Contract or their application to other parties
or circumstances.
Governing Law
14.1 This Contract and the terms, conditions, and covenants contained
in it shall be governed by and construed in accordance with the laws of the State of
Florida.
S:CA~AGR'~M~OYM~
-9-
Integration of All Agreements and Understandings
15.1 - This Contract contain,~
All prior agre
oral, pertaining to the CITY's
and of no further force and effect from and after the ~
this Contract.
the CITY and
i or
15.2 Regardless of which party's counsel .prepared the original draft and
subsequent revisions of this Contract, QUINTUS L. GREENE and the CITY and their
respective counsel have had equal opportunity to contribute to and have contributed to
its contents, and this Contract shall not be deer,~ed: to be the prodt~ct of and, therefore,
construed against either of them.
15.3 The omission from this Contract of a term or provision contained in
an earlier draft of the Contract shall have no evidentiary significance regarding the
contractual intent of the parties.
Execution of Contract
16.1 This Contract may be executed in duplicate or in counterparts,
each of which shall be deemed an original and ail of which together shall be deemed
one and the same instrument. No term, condition, or covenant of this Contract shall be
binding on either party until both parties have signed it.
EXECUTED on the respective dates set forth below.
Q~INTUS L.: GREE~IE ~
Witness
Dated:
CITY OF BOYNTON BEACH
' W~FRED 'HAWKINS,
I~'ERIM CITY MANAGER
S:CA'~GR~EMPLOYMENT~Gr~
-10-
A ~ED A~ ~O"~FORM:
/~o~,
S:ca~Agreemen~s\Employment Agr~Greene
Requested City Commission -
Meeting Dates
[] July 17,2001
[] AugustT, 2001
[] August 21,200l
[] September4, 2001
VI.-CONSENT AGENDA
ITEM O.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 200l
[] October 2, 2001
[] October 16, 2001
[] November 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NA ~TURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] eublicHearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Approve the Addendum to Appointment Contract for Wayne Segal, Director of Media and Public
Communication for the City of Boynton Beach and authorize the City Manager to execute the Addendum.
EXPLANATION: The City Manager has completed the annual performance review/evaluation of Wayne Segal and has
determined that the proposed changes to Mr. Segal's appointment contract are appropriate and in line with other directors of
City Departments~
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Department Head's Signature
City Manager
Department Name
~ty Manager's S~gnamre
City Atto~7[~/y'"/rFinance / Human Resources
S:'~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC
FIRST ADDENDUM TO APPOINTMENT CONTRACT
This Addendum amends the original Appointment Contract between the City of Boynton
Beach and Wayne Segal, Director of Media and Public Communication, dated March .8, 2000.
Unless expressly modified bY this: Addendum, the original terms of the Appointment Contract
shall remain in full force. This Contract Appointment is amended as' follows:
Recitals, E. (Amended) The position of Director of Media and Public
CommunicatiOn is a contractual appointment by the City Manager of an individual in a
specialized field and not a Civil Service position and neither the Citfs Civil Service Rules and
Regulations nor the Personnel Policy Manual are applicable to Wayne Segal, except as expressly
referenced herein. By entering into this Appointment Contract, Wayne Segal waives all rights
under the City's Civil Service System or Personnel Policy Manual.
Article 4.1 (Amended) BASE SALARY. The City shall pay to Wayne Segal an
annual salary of Fifty-Five Thousand One Hundred Twenty Dollars ($55,120.00), payable in
equal installments payable at the same time as the City's Management Personnel are paid.
4.13 (New) INCENTIVE PACKAGE. Wayne Segal shall receive the Management
Incentive Package which consists of enhanced life insurance and compensatory leave, which
became effective in 2001 for Supervisory Management Employees.
Article 17, APPLICATION OF PPM, 17.1 (New) Except as listed below, in those
instances when both the Appointment Contract and this Addendum are silent, regarding a
employment term or condition which is applicable to general City employees as set forth in the
City of Boynton Beach Personnel Policy Manual (PPMP), as amended from time to time, then in
that circumstance the term or condition provided to general City employees in the PPM shall
apply to Wayne Segal. The following Chapters of the PPM have no application and any term or
condition set forth therein are not incorporated as a term or condition of employment for Wayne
Segal: Chapters 5, 6, 9, 10, 11, 12, I3, 19, 20, 24, 25, 26, 27, 30.
In the event of a conflict between the Appointment Contract and this Addendum, the
Addendum shall control.
The foregoing provisions represent the agreement of the parties and become effect on
August 17, 2001 subject to ratification by the City Commission.
Kurt Bressner
City Manager
Dated: Dated:
Wayne Segal
Director of Media and Public
Communication
S:\CALa, GMTS',Emp!oyment AgreementakSegal Contract Addendum 0/3101 .doc
APPOINTMENT CONTRACT
THIS APPOINTMENT. CONTRACT is entered into between the CITY OF
BOYNTON' BEACH, Florida, (the "CITY") by and through its City Manager ("CITY
MANAGER") andWAYNE SEGAL.~
The CITY and WAYNE SEGAL acknowledge the folloWing premises for this
contract:
A. The CITY MANAGER is the Chief Executive Officer of the CITY and is
authorized, pursuant to Section 72.1(b) to appoint individuals in a specialized field.
B. The CITY MANAGER on behalf of the CITY de, sims to appoint' WAYNE
SEGAL as Director of Media and Public Communications for the CITY, and WAYNE
SEGAL desires to undertake that appointment.
C. In selecting WAYNE SEGAL to be appointed as Director of Media.and
Public CommUnications for the CITY, the CITY MANAGER has relied on all
information and materials appearing on or furnished in connection with his application' -
for that position. WAYNE SEGAL represents that-all such information and materials are
accurate, complete, and authentic and that he is qualified to serve as Director of Media
and Public Communicafio, ns and that the performance of such duties are speCialized in
nature.
D. The CITY and WAYNE SEGAL wish to reduce their agreements to wdting
in order to describe their relationship with each other, to provide a basis for effective
communication between .them _as they fulfill their respective administrative functions,
and to enhance administrative stability and continuity within the City of Boynton Beach.
E. The position of Director of Media and PUblic Communication is a
contractual appointment by the CITY MANAGER of an individual in a specialized field
and not a civil service position and the CITY's Civil Service Rules and Regulations are
not applicable to WAYNE SEGAL. By entedng into this appointment contract, WAYNE
SEGAL waives all rights, under the City's Civil Service system.
F. Nothing herein shall constitute an abridgment of or limitation to the dghts
-and powem of the MAN,~GER to manage the work fome of the CITY and to organize,
reorganize, Create, or abolish the CITY work force, including this appointment except as
provided for heroin. -
G.. Nothing herein shall:constitute an ab
appointments,
the dghts
CITY by
or
Accordingly, on the foregoing
in consideration of the mutual
agree as follows:
Agreement for Appointment
1.1 The CITY MANAGER hereby appoints WAYNE SEGAL to serve as
Director Media. and Public'Communications for the CITY and WAYNE SEGAL hereby
accepts that appointment and undertakes that appointment.
1.2 WAYNE SEGAL is an at will employee of the CITY. By acceptance
of this Contract WAYNE SEGAL acknoWledges that there has been. no representation
or promise, expressed or implied fixing the term of his appointment, except as provided
for herein.
Duties and Obligations
2.1 Principal Duties and Obligations. Subject to the City Manager's
responsibilities and direction for the overall operation of the .CITY's work force, WAYNE
SEGAL shall:
2.1.1 serve as Director of Media .and Public Communications of the
CITY. The job 'description for Director of Media and .Public Communications is attached
as. Exhibit
-2.2 Manner of Performance. Except as otherwise expressly provided
by this contract, as Director of Media and Public Communications, he Shall at all times:
2.2.1 devote all his time, attention, knowledge, and skill solely and
exclusively to-the business and interests of the CITY during normal working hours and
at City related events after normal business hours.
2.2.2 perform his-duties and obligations faithfully, industriously, and to
th6.best of his ability.
2.2.3
not engage in conflicting outside, employment except with prior
-2-
2.2;4 keep the CITY MANAGER fully informed in advance of all travel
and activities that take him out of the office for more than a day at a time. All travel
must receive priOr wdtten approval of the CITY MANAGER.
Annual Performance Goals and Evaluation
3.1' The CITY MANAGER shall review and evaluate the performance of
WAYNE SEGAL at least once annually in advance of the adoption of the annual
operating budget. The review and evaluation shall be in accordance with performance
criteria developed by the CITY MANAGER, which criteda must be provided to WAYNE
SEGAL in advance of the commencement of the pedod of evaluation. The initial
performance criteda is as set forth on' EXhibit "B', attached hereto. The criteria may be
added to or deleted from as the MANAGER may from time to time determine, except
that WAYNE SEGAL shall not be evaluated for tasks if no performance cdteda have
been established. At WAYNE SEGAL'.S first six month evaluation, provided he has
achieved 'the goals set forth by the City Manager, he will receive an increase of foUr
(4)%. Further, the MANAGER shall provide WAYNE SEGA[. with a summary wdtten
statement of the evaluation and provide an adequate opportunity for WAYNE SEGAL to
discuss his evaluation with the MANAGER.
3.2 Periodically, the MANAGER and WAYNE SEGAL shall define such goals
and performance objectives that they. determine necessary for the proper operation of
the Information Technology Department operations in attainment of the objectives and
shall further establish a relative priority among those various goals and objectives,
which shall be reduced to wdting. Such goals and Objectives shall be generally
attainable within the time limitations as specified in the annual operating and capital
bUdgets and approPriations provided by the CITY.
3;3 Compensation reviews are not subject to any specifiC formula applicable
to other CITY personnel. Wage adjustments shall be at the sole discretion of the CITY
MANAGER and are subject to the appropriation of funds bY the City Commission.
ARTICLE 4
Compensation and Benefits
4.1 Base Salary. The CITY shall pay to WAYNE SEGAL an annual
salary of FIFTY-THREE THOUSAND ($53,000) DOLLARS, payable, in equal
installments paidat the same intervals as the CITY's management personnel are paid.
4.2 Business Expenses. The CITY shall pay or reimburse WAYNE
SEGAL consistent with reimbursement policies for CITY managerial employees.
4.4 Health Insurance. WAY_NE SEGAL.shall receive the same benefit
provided to non-union City employees hired after 10/1/91.
4.5 Disability Insurance. WAYNE SEGAL shall
benefit-provided to non-union City employees hired after 10/t/91.
receive the-same
providedto non-union City employees hired after 10/1/91.
4.5 Disabil
benefit prOvided to non-uniol
hired after 10/1/91.
4.6
provided to
Life
receive the same benefit
4.7 Participation in I
Retirement :System. WAYNE SEGAL:
union employees hired after' 10/1/91.
System. Participation in
same benefit provided to non-
4.8- Holidays. WAYNE SEGAL shall be entitled to observe the same
Paid legal holidays as non-union employees hired after 10/1/91.
4.9 Vacations. WAYNE SEGAL shall be entitled to observe the same
vacation accrual as non-union managerial employees hired after 10/1/91.
4.10. Sick Leave. WAYNE SEGAL shall be .entitled to accrue sick leave
and be subject to the. same sick leave policies as nomunion employees hired after
10/1/91.
4.11 Moving-Expenses. WAYNE SEGAL agrees to obtain three
quotes for moving expenses, which shall be submitted to the City of Boynton Beach.
The City shall pay :50% of the agreed upon moving expenses upon ratification of this
Agreement; With the remainder to be paid by the City upon completiOn of the move.
4.12 Automobile. WAYNE SEGAL shall be compensated
for use of his personal vehicle for city business in the amount of $250.00 per month*.
Indemnification and Reimbursement
5.1 Indemnification of the Director of Media and Public
Communications.
The CITY shall:'
5.1.1 defend and indemnify WAYNE SEGAL against all claims
and actions, civil or criminal, provided the claims or actions adse out of and in the
course of the performance of his duties and ~espOnsibilities pursuant to this Contract;
and
5.1.2
pay any 'judgment that may be entered against wAyNE
1
SEGAL in a civil a. ction adsing out of and in the course of the performance of his duties
and responsibilities pursuant to this contract, except a judgment based on intentional
wrongdoing by wAYNE SEGAL.
5.1.3 CITY reserves the rights to select, appoint,
discharge legal counsel necessary to provide the foregoing defense.
retain, or
Date of Appointment
6.1 WAYNE SEGAL's appointment and the term of this Contract shall
commence 'on the'date of ratification of this contract by the City Commission.
Termination of Contract
7.1
Events of Termination. This Contract shall terminate:
7.1.1 at*any time by mutual agreement of WAYNE SEGAL and the CITY;
7.1.2 upon WAYNE SEGAL's sustained inability for all or substantially all
of 180 calendar days in a 190 day period to perform all or substantially ali. of his duties
and obligations pursuant to this Contract as a result of physical or mental illness or
condition, which inability shall be verified at the CITY's expense (to the extent not
covered by applicable .medical inSUrance. maintained by the CITY) by a licensed
physician mutually agreed upon by WAYNE SEGAL and the CITY, Provided that state
or federal law or regulation would not preclude or prohibit WAYNE-SEGAL's separation
under the condition. In the event the parties are unable to mutually agree on a
physician within fifteen days of a request for selection, the examining physician will be
selected solely by the CITY.
7.1.3 .at any time by the CITY MANAGER's and CITY
COMMISSION'sunilateral termination of WAYNE SEGAL's contract for the position.
7.1.4- the death of WAYNE SEGAL. "
7.1.5 the resignation of WAYNE SEGAL. A resignation shall be
submitted in writing and ~hall provide for an actual resignation date no later than forty-
five(45) days following the date of notice of resignation.
7.2 Rights and Obligations Upon Unilateral Termination by CITY.
Unilateral termination shall be in writing, signed by the CITY MANAGER, and need. not
reflect performance related reasons. If this Contract is terminated by unilateral action
by the CITY MANAGER, WAYNE SEGAL shall be entitled only to: '
plus ninety
divided by
withholding.
7.2.i
~:for the effective date of the termination
Employees annual base' salary shall be
and that sum shall be multiplied by 90 days, less customary
7.2.2
to this Contract;,
reimbursement for as-yet unreimbursed expenses pursuant
7.2.3 an amount for accrued and unused vacation leave, not to
exceed the maximum number of days permitted by law, according to the
schedule/formula for non-union employees hired after 10/1/91;
7.2.4 an amount for accrued and unused, sick leave, not to exceed
the maximum number of days permitted by law, according to the schedule/formula for
non-union employees hired after 10/1/91.
7.3 Rights and Obligations Upon Termination by Mutual'
Agreement. If this Contract terminates upon mutual agreement of the parties, WAYNE
SEGAL shall be entitled to:
7.3~1
to this Contract;
reimbursement for as-yet unreimbursed expenses pursuant
7.3.2 an amount for accrued and unused vacation leave, not to
exceed the maximum number of days permitted by law, according to the
schedule/formula for non-union employees hired before .10/1/91;
7.3.3. an amount for accrued and unused sick leave, not to exceed
the maximum number of days permitted by law, according to the schedule/formula for
non-union employees hired before 10/1/91;
herein.
7.3.4 The total accrued deferred compensation as provided by Article 4.2
7.4 Rights and Obligations Upon Termination Due to Disability or
Death. If this Contract terminates due to WAYNE SEGAL's physical disability or death,
WAYNE SEGAL or his gU. ardian or personal representative shall be entitled only to the
following compensation~and benefits:
7.4.1' base salary, through the last day that WAYNE SEGAL
performed services to or on behalf of the CITY;
7.4.2
to this Contract;
reimbursement for as-yet unreimbursed' expenses pursuant
7.4.3 an amount, for accrued and unused sick and vacation leave,
not to exceed, the. maximum number of. days permitted by law, according to the
schedule/formula for non-union employees hired before 10/1/91; and
7.4.4
life and/or disability .benefits if applicable.
7.4.5
Article 4.2 herein.
the total accrued 'deferred compensation as provided by
7.5 Rights and Obligations Upon Termination Due to Resignation.
If this Contract terminates due to WAYNE SEGAL's resignation, WAYNE SEGAL shall
be entitled only to the following compensation and benefits:
7.5.1' base salary through the date of resignation or such other
date as mutually agreed to' between WAYNE SEGAL and the CITY MANAGER;
7.5.2
to this Contract;
reimbursement for as-yet unreimbursed expenses pursuant
7.5.3 an amount for accrued and unused sick and vacation leave,
not to exceed the maximum number of days permitted by law, according to the
schedule/formula for non-union employees hired before 10/1/91;
7.5.4'
life and/or disability benefits if applicable.
7.5.5
Article 4.2 herein.
the total accrued deferred compensation as provided, by
Modification or extension of Contract
8.1 Modification and Amendment. No modification of or amendment
to this Contract shall bevalid unless reduced tO writing and signed by both parties.
Inapplica. bility of Collective-Bargaining Agreements
9.1 No collective-bargaining agreement to which the CITY is a party
shall in whole or in partgovem, apply to, or be deemed part of or incorporated into this
Contract. '
Venue
Waiver
11.1 The CITY's waiver of any broach of any term, condition, or
covenant of this Contract shall, not constitute the waiver of any other broaCh of the
same or any other term, condition, or covenant of this Contract.
Applicability to SuccesSors
12.1
This Contract shall be binding on and inure to the benefit of:.
12.1.1 WAYNE SEGAL's heirs and personal representatives; and
12.1.2the CITY regardless of changes in the persons holding office as
members of the CITY.
Sevembility of Provisions
13.1 If any provision of this Contract or the application of any provision
to 'any party or circumstance shall be prohibited by or invalid under applicable !aw, the
provision shall be ineffective to the extent of such prohibition or invalidity without
invalidating the remaining provisions of this Contract or their application to other parties
or circumstances..
Governing Law
14.1 This .Contract and the terms, conditions, and covenants contained
in it shall be govemed by' and construed in accordance with the laWS of'the State of
Florida.
Integration of All Agreements and Understandings
15.1 This Contract contains the entire agreement between the CITY and
WAYNE SEGAL.' Ail pdor agreements and understandings, whether written or oral~
pertaining, to the CiTY's appointment of'WAYNE SEGAL are fully abrogated and of no
further force and effect from and after the date of this Contract.
15.2 Regardless of which party's counsel' prepared the original draft and
subsequent =revisions of this Contract, WAYNE SEGAL and the CITY and their
respective counsel have had equal., opportUnity to contribute to and have contributed to
its contents, and this Contract shall not be deemed to be the product, of and, therefore,
construed against' either of them.
15.3 The omission from this Contract of a term or pmvision contained in
an earlier draft of the Contract shall have-no evidenfiary significance regarding the
contractual intent of the parties.
Execution of Contract
16.1 This Contract may be exeCuted in duplicate or in counterparts,
each of which shall be deemed an Original and all of which together shall be deemed
one and the same instrument. 'No term, condition, or covenant of this Contract shall be
binding on either party until both parties have signed it.
EXECUTED on the respective dates set forth below,-.
~ Dated:2.//'
CITY OF BOYNTON BEACH
WILF)~[~:D I:IAWKINS,..
INT~RIM CITY MANAGER
APPROVED AS TO FORM:
CITY Al rORNEY
Dated:
~-- Dated:
Director of Media and Public CommunicaUons
Suggested Performance Goals
MACS (MarkeUng and'CommunicaUon Strategists)
Work with MACS:
TG
[mplementation:
Communication Plan
Marketing Plan
Surveys
~Brand Boynton Beach"
Collaborations
LeaderShip [nterviews
(Public InformaUon' Network)
Work with PIN:
To produce Employee News and Departments News: To post in public Folders
To publish In-EmPloyee Newsletter
To post on.Website
To print in city newsletter
To implement Public Image Task Force Report (PtTF) Recommendations:
Ob/Facilities Audit
Customer'Service Audit
CommunicaUon Products
Produce:
Employee Newsletter
Qb/Newsletter
l~ader Friendly Buclget/Rnancial Information (per PTI'F)
Webmaster
Work with webmaster:
To develop creative concepts
To produce/submit information
City Contacts
Meet with every Qb/~Commissioner
V'esE every Dept. and meet with Dept. Head and.PIN contact
Identify Marketing Strategies for appropriate Del:RS.
Communib/C~ntacts
Meet with Chamber President and MarkeUng Committee
Meet with Assodafions, OrganizationS, and other stakeholders
Meet: wib~ all Media contacts and local editors;
Class Code 01049
Grade: Contract
CITY OF BO.YNTON BEACH, FLORIDA
CLASSI CATION SPECI CATION
FLSA: E
CLASSIFICATION TITLE:
DH~, MEDIA AND PUBLIC' COMMUNICATIONS
PURPOSE OF CLAS$I~CATION
The purpoSe.of this classification is to develop, implement, and coord~m~__, a comprehansive public information and
communications program to dispense information.about the city.
ESS~FUNCTIONS
The following duties are normal for this position. T~e omission of speeiflc statements of the duties does not
exclude them from the classification ff the work is simnzr, related, or a logical assignment for this classffication.
Other duties may be required and assigned.
Supervis~ direc~ ~d evalua~ assigned siaff; process~g employee concerns and problems, directing work,
COUnselin~ diZCrjplinlng, '
ComuI~ with City Manag~ and other offici~ to review work ~ rezolve pmblem~ receive advice and
organiza~' m, out~id, agenci~ or oth~ a~ ne~led.
Develops, implements, coordln.__~_, and operates a comprehensive proactive publio information ~md c, oahwmications
program; develops program goa/z ' '
~ with ck'par~n_~_Vcity ~ r~Oei/updat~s prosram and/or function goals
Serves as general sourc~ for digpe~ing ~ about thz city;, ~ press release~ --bli~'
ana~ts, and special activity newsletters o,,,~ .......... 7~ . _ '.-~, l,,, service
gover~m~tal ageaci~, ~ric o '" and
ou~-~ ~ ~o receiva/dis.~mi..~_ up,~-__~l inform.~im~. agencies, consultants, and
Responds to requ~s for information ~ the publio and media ~~; pmvide~ information or dire~
raquezts to prop~ &*parlment for followqtgough.
Develops ~ to mmm cummt information on City activities is readily available to the publi~.
Oversees/coorai~ _te~ development a~l lmxhction of ~ city-wide new~Iette~; assists with preparation of
employe~ n~letta~ assists in developme~ of audio/video tapes, pamphl~ and brochures.
Develops publi~ notices ofmeetings s,,a other program activities; provid~ for publi~ a~ and access to program
data/infommtion
Collects,'an.lyz~. ~ axld ~ various dala in oral/wri~ fo/sitar fi'om local, regional, state, and
national sources.
Coordina~ community affairs a~ivitiea through the Neighbodx~od Project Specialist programs; monitors activities of
Citizen Act/on Center through its coord/nator, serves as the city's l/a/son to the Co ....... m/~y Relations Board.
0 DMO-~VIU~, UNTC.
l~e I Last Revised: August, 1999
City ofBo~,~to, B.eh~ Flor~d~ · I)ir_~_nr of Media ~nd l~blie Comm~micaflons
,
Coordina~ vzrious public cern_ ~nies. dedications, and special events; conducts tours as needed; represents agency for
special events or on boards/i~k forces.
Develops contingency pl.n~q to accommodate tmexpect~ situations; anticipates variations in wog~low and
Evalua~ problems/sittuttiom and identifies problems necdin~ to be addressed; records pertinent infom~afion to
mainlain current files.
Pt~ares or completes various forms, repons, conespondcn~ newsletters, press releases, news statements, notices,
public service ~.ouncemen~ or Other documen~
photographs, manuals, reference materials, or other ~n; r~ews, completes, pwC~ iorwams or re
Ails. ads va.,ious m~eti~ss; ~ on commilI~s as n~-ded; ~ ~ or
other individuals as ne~led to .coor,~te work activities, ~ status of work, ~xchange info~ or resolve
ADDmONAL FUNCTIONS.
MINIMUM QUALIFICATIONS
Four-year coll~e ~ pref~ably in P~blic Admlni~ loumalism, Public Relations or a rela..t~d field .a~..d
five (5)years job related experience. Knowledge of tl~ tn'a~'ccs and principles involved m rn~. lementmg a public
information progl'am. Ability to use desk-top publi.~hing as needed for public informalion lxogram-
PERFORMANCE AF1TrUDES
Includes exerci.~ina_ discretion' in determlni-_a actual or l~Obable consequences and in referencing such evaluation to
~llil~l_[,q~llt~lill; Requires the ability to perform in a supervisory capacity over subor,-l~-t~ supervisors.
Euuiom~.t. M, eMnerv. TOOL~. snd Mste. '?Is TI .1~. tiol~ ~ the. ,abi,li,'.ty tO Ol:X~tO ~ control the actions of
eq~pmen~ macl~, tools and/or malmials l~l--'m~ complex and rapid adjastmenis. .
~ DMO.MAXIMUS, INC.
Page2
Last R~4.mi: August, 1999
Ci of Bo ton Be~clL, Florida* Dlr~_~__r of Medh and Public Commumcations~
01049
V__flt~A~- Requi~ thc ability to utilize a wide variety of reference, descriptive, advisory and/or design data
and information.
~" '*'*. · - ' to utilize nnclples ox ~racuona, un,.,, u.,,., ,.,,~.~, ~-r--
Si~_'"flo~-~! Reasoning. Requires the abilRy m exc.m'isc judgmcn~, decisiveness a.d creativity in situations involving
evaluation of information agains~ measurable or verifiable criteria.
~ T~__~ks require th~ ability to exert light physical effort in scdentary to light work, but which may
.... -~ ~--a,,,,, ,~,,~hlng and/or p,,lllns of objects and materials of light weight (5-10 pounds). Tasks
-- - '----,--- extolled ueriods of~mc at a i;~ytmaro or worn
~e,e__~orv Reauirements: Som~ rusks ~ tl~ ability to l:~Crccivc and di~ colo~s or shades o£ colo~ sounds,
Envtron,m~_ntel Fsetors:.. Performance of enential functions may require exposure to adverse environmental
conditions, such as humidity, rain, ~cmperato~ cxtrem~ or bright/~im light.
~ DMG-MAXIMUS, liNC.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form _M_,_u,_st be Turned
~eeting Dates ~'-~"-' in to CRv Clerk s Office
luly 5, 2001 (5:00 p.m.)
luly 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
[] ~u~y 17~2OOl
[] August 7, 2001
[] August 21; 2001
[] Sopt~anber 4, 2001
R~luested City Commission
M~timt Dates
[] September 19, 2001
[] October 2, 2001
[] Ootober 16, 2001
[] November 6, 2001
VI.-CONSENT AGENDA
ITEM P.
Date Final Form Must be Turned in
to CRv Clerk's Offic~
September 5, 2001 (5:00 p.m_)
Sept~aber 20, 2001 (5:00 p.n~)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] UnfiuishedBusiness
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION:
Motion to approve the additional payment of engineering and inspection fees in the amount of
$27,989.00 to Post Buckley ~Schuh & Jernigan for the Gateway Boulevard Roadway
Improvement Project.
EXPLANATION:
The Engineering Department is asking for an increase, by change order, to the Post Buckley
Schuh & Jernigan, Purchase Order ~11804 in the amount of $27,989.00. This represents
the cost of already incurred, additional engineering and inspection fees for the Gateway
Boulevard Roadway Improvement Project.
Previou~sly (April 18, 2000) the City Commission approved Change Order #5 for Post Buckley
Schuh and Jernigan, Project Engineers, and Change Order #12 for Smith & Company, Inc.
Project General Contractor, for the additional cost of inspection and engineering services
dudng the "overtime" pedod of construction on the Gateway Boulevard project. The
'overtime' period of construction .is that time beyond the initial 250 days originally allowed the
general contractor as per the contract. During the "overtime" period, all of the additional
expenses for the inspection and en.qineefin,q services will be an expense of the general
contraCtor. (subject to the ultimate court case now pending). However, the City will need to
first pay the bill to the Project Engineers, and then we will be reimbursed through an
adjustment in the monthly pay estimate to the Project General Contractor. The City
Commission has previously approved the initial $100,000 in payments to Post Buckley Schuh
& Jernigan for additional engineering and inspection fees. This request will bring the new total
up to $127,989.00
S:~BULLETIN~ORMSk4GENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
PROGRAM IMPACT:
The approval of this agenda item will allow the payment of engineering and inspection fees
due Post Buckley Schuh & Jernigan in the amount of $27,989.00. Attached to this cover
memo is another series of memos on this sUbject. I would turn your attention to the secOnd
line of the July 13~h memorandum from Clem Bucher, Contract Administrator. In it he says, ~lt
is the recommendation of the Department that all pending inVoices be paid in full as services
have been duly provided... Therefore, we would be paying PBS&J only what they are due.
We will, in turn, be doing what we can to recover these costs from Smith & Co.
FISCAL IMPACT:
In the end, it is our hope that there will be no fiscal impact to the City since the payments to
the Project Consulting Engineers for additional engineering and inspection fees will be
adjusted from the contract price to the Project General Contractor (Smith & Company, Inc.) for
the Gateway Boulevard Improvement Project.
1(t~ager's Signature~
Department Name
City'Attorney / Finauce / Human Resources
S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
DEPARTMENT OF ENGINEERING
MEMORANDUM
NO. 01-125
TO:
FROM:
THRU:
Bill Atlom~,~Irmance Director
Clem Buch~', Contract Administrator
Paul Fleming, Senior Project Manager-~
DATE: July 19, 200I
RE: Commission A~enda Item: Increase of PBS & J Purchase order # 11804 Gateway Proiect
Although the Gateway Roadway Improvement Project has been completed, there have been additional
insP. ection_ _~.d~ engineering costs incurred by the Consultant (Post Buckley, Schuh and Jemigan) during
the overruh" period of construction which is attributed to the general contractor. '
Previously, a Purchase Order No. 11804 was set up in the mount of $101,860.0 for the purpose of paying
these additi'onal overrun engm' eering expenses assuming that the general contractor would, ultimately be
~' ':sponsibl~ for reimbursement to the City. How~ever, the City would need to pay the bills first to the
~onsultant ~r}d seek this reimbursement later from the general contractor. Presently the general contractor
has chosen to enter litgafion with the City over this project which is being managed by the City
Attomey"s office.
With the payment of the January, 2001 invoice from the Consultant the funds reserved under this
Purchase Order will be fully expended. Therefore, in order to pay invoices for engineering and inspection
services egpended from February through May 2001 an additional $27,988.40 is needed to allow for an
.amendmen~to this Purchase Order. Since the project was essentially completed during the month of May
,2001, there is no need for any additional engineering and inspection services on site; however, there may
be some minor project closeout assistance needed from the Consultant which could result in a further
invoice for the month of June.
Although it is the position of the Engineering 'Dept that the engineering and inspection costs incurred by
.the consulthnt during the' "ovemm" period are chargeable to the general contractor a final reconciliation
of such costs and a legal determination as to the method of recoupment will be forthcoming in the near
future.
CB/sk
CC: File
Bill DeBeck
..... Dale Sugerman
Dave Kelley
S:~Engineering\Engineer~ng Dept. Memorandum.doc
DEPARTMENT OF ENGINEERING
MEMORANDUM
NO. :01-118
TO:
FROM:
Thru:
DATE:
Bill Atkins, Assistant Director Finance
Clem Bu cher, Contract Administrator
Bill DeBeck, Project Manager/Acting
J'uly 16, 2001
Payment of PBS & J Purchase Order No. 11804
You are requested to process for payment the January 2001 invoice of PBS&J under the Gateway Project
for Engineering and Inspection services. This office has been holding all consultant payment requests
since January 2001 based upon instructions from the Assistant City Manager, Dale Sugerman.
In accordance with a memo, dated :July 13, 2001, entitled" Gateway Project PBS&J pending Payments"
and pursuant to a meeting with Mr. Sugerman a decision was .made to process all payments due the
consultant.
Purchase Order 11804 which was issued to cover "Additional Eng/neering Services" under the Gateway
Project presently has an unpaid balance of $12,761.00 which will be applied to these pending payments.
The January 2001 payment request from PBS&J is in the amount of $14,122.50 requiting additional funds
in the mount of $1361.50 to fully process this one outstanding paymeni]
Since the Department Director has authority to increase the Purchase Order level by up to $5000 it is our
intent to utilize this authority to increase the PO by 'the necessary $1361'.50 to allow processing of this
payment in full.
Since there are presently four other payments (Feb, March, April and May) in the total amount of
$26,627.50 which will likewise need to be processed for payment, a Commission Agenda item will need
to be prepared to allow amendment of the Purchase Order. This willbe a subsequent action.
· 'Your assistance in this matter would be greatly appreciated.
Attachment
CC: Bill DeBeck
Paul Fleming
Dale Sugerman
_ Dave Kelley
S:~ngineering\Engineering Dept. Memorandum.doc
D EPARTIM:ENT OF ENGINEERING
NIEMORAND Ub,'I
NO. 01.116
TO:
FROM:
TI-IRU:
DATE:
Dale Superman, Assistant Ci~' ~'fanager
Clem Bueher, Contract Administrator
Paul Fleming, Senior Project Manage~
July 13, 2001
RE: Gateway Project.PBS & j Pendin Payments
~,s r.equested I have prepared a summary of PBSJ's invoiced expenses on the Gateway Roadway Project which per your
'~structions have been on a hold status since January 2001. In addition the Dept of Engineering has reviewed the status
,f Construction Change Orders issued to SCI on this project to ascertain if there are any "design liability" issues that need
J be addressed in the decision whether to pay off the balance of pending invoices.
is the recommendation of the Dept that all pending invoices be paid in full as services have been duly provided and that
~ere are no "design liability" costs that should be deducted at this point.
~is analysis foe:used on the Construction Change Orders (1-14 that h v
~on~edofS~ng~h?nr~rSo(;dS;~s8)(tlh..~,ha;e been priced but are no[ yet ap~roevebtT~rn s~g~n;c~V~yd t~°e.ContraCtor. The total
83~92486 T~his does n;t t- } epresem:s $79,351.66.or 4.3% of the original contract award am
; ..... ~"':e (~-~91; ' Include the pending and unresolved chan~e= order ¢2.,,~, ,,,~"" ......... t~u,,,mercla, area paving°Untand°f
regi.w of these Change Orders would indicate that most were due to chanced conditions', .unforeseen site conditions,
lit:¢I Dept requirements or admin changes; however, there were also a number of change brders which clearly had some
· Procedure dated March 1, 2001 covering errors and omissions under
tble pursuant to the City Administrative !ght be
ffe~sional ServiCes Procurements. The results of this analysis are set forth in the attached document. In all cases, the
/ ar tualJy receNed value or benefit from the change for an improved feature or product.
; c-sts paid for the Change Orders would appear to be based upon bid unit prices, current
'.e~! d, or suppoded by actual invoices for same. market prices for labor and
refpre, this analysis has concluded that there were not any substantive" re -
fu her noted t at given the legal suit filed ' ·
,n;d Iitigation~or at least mediation it w ,,4ag~aln*'st the C,ty o.n be.ha_if .of the Smith Company which will likely result' in
, .~.:, ou., ,.,e bmely to resolve pendln a
.tNs firm woul~ presumably '"'ortner ...... ' ..... ' ....... g P. yment issues with the Consul/ant, PBS&J
t . ~, w~m me ~;iry in oerense or me (-;ontrac ' · · ,
term ~nvolvem;~qt w~th the roiect t '* ,..m .................... tot s claims and given the Consultant s
P ~ hl.~ ,,,,, u,~.~uy assist [ne =nglne,,rlng [Je'-t in m-' ...... · ·
' -- I-' ~lll[~tlJ'llflg necessary continuity.
ill ~eBeck, Project Manager
lye Kelley, Utility Engineer
h ,'~FltS .
eedng\Enginenng oept. Memorandum.doc
City Of Boynton Beach
Department of Engineering
Construction Services Division
July 13, 2001
PBS & J Project Analysis
Design Services: PO 15000
CO# 1: Additional Design Services
CO# 2: Planning Options
CO# 3: Design effort for Village Royal and FP&L lights & conduit
CO# 4: Contract Administration Services
*CO# 5: Create line item for charging of overtime or additional inspection; to be
paid by Con(ractor deductions, -$0 -
CO# 6: Design Drainage modifications $4,000.00
$148,353.00
$12,573.00
E~0,276.00
~ 4,900.00
$85,000.00
*$10,530.00 PAiD to PBS &J'for inspection costs for February/March 2000
for overtime services. Deducted.from Smith's progress payments.
PO 11804: Additional Engineering Service
(Includes carryover of $1,860.60 from PO # 1.5999)
Total Inspection Billing to Date:
Paid To Date:
Unpaid (Billings Jan-May 01)
Proposed Amendment to PO # 11804 to pay through May 01
' (Reflects unpaid balance on PO# 11 804 of $12,761.00)
$101,860.60
$129,848.56
$89,098.50
$4O,75O. OO
$27,988.4O
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR
Requested City Date Final Form Must ~e Requested City
Commission Meetinq Turned in to City Clerk's Commission Meetina Dates
Dates Office
[] July 17~ 2001 July 5, 2001 (5:00 p.m.) [] September 19, 2001
VIII.-PUBLIC HEARING
ITEM A.
Date Final Form Must be
Turned in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
[] August 7, 2001
[] August 21, 2001
[] September4, 2001
NATURE OF
AGEN DA ITEM
July 18, 2001 (5:00 p.m.) []
August 8, 2001 (5:00 p.m.) []
August 22, 2001 (5:00 p.m.) []
September 20, 2001 (5:00
October 2, 2001 p.m.)
October 3, 2001 (5:0,_.~0
October 17, 2001 (~0
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
October 16, 2001
November 6, 2001
RECOMMENDATION: Staff recommends Commission hold a public hearing and adopt by resolution, the City of
Boynton Beach's 2001/2002 Community Development Block Grant (CDBG) One-Year Action Plan.
EXPL NATION' City
A . The of Boynton Beach will be entering its fifth (5th) year of receiving Federal Grant
Funds. The action plan has been developed with activities approved at the Commission meeting of July 3, 2001,
and will be implemented beginning October 1,2001. -
PROGRAM IMPACT: The approved recommendations, which include but are not limited to economic
development, family development, public services, housing and recreational needs, and administration of the
funding for the City were as follows:
Boynton Beach Faith Based CDC
A Community Based Organization
PBC Resource Center
Economic-Small Business Development
75,000
30,000
PBC Resource Center
Job Training w/Florfda Atlantic University
Fair Housing Center (administrative)
Economic Development Program
County Match (Reprogrammed Funds)**
Wilson Center Rehabilitation
Administrative
Public Services
Rehabilitation & Delivery
TOTAL FUNDING FY 2001/2002
**These funds to be reprogrammed
from previous allocations
25,000
15,000
50,000
35,000
100,600
86,700
210,700
$578,000
City of Boynton Beach
Agenda Request Form -August 7, 2001
Page 2
FISCAL IMPACT:
Development efforts.
The City of Boynton Beach will receive $578,00 for this program to continue it Community
ALTERNATIVES: -~.~. he City of Boynton Beach would have to use ad valorem dollars, or would have to
discontinue its~rev talizat on. efforts.
~ Depa~en[ He~'s S~gn~re Ci~ Manager's Signature
Department of Development
Div sion of Community Redevelopment
Department Name
'~Ci~ At~oCe/y'TFinance / Human Resources
RESOLUTION R01-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE ADOPTION OF THE CITY OF BOYNTON BEACH'S
2001-02 COMMUNITY DEVELOPMENT BLOCK GRANT
ONE-YEAR ACTION PLAN; AND PROVIDING AN
EFFECTIVE DATE.
WItEREAS, the City of Boynton Beach is entering into its fifth year of receiving feden
grant funds as an entitlement community; and
WItEREAS, a One-Year Action Plan has been developed with activities listed, settin
forth how the City intends to utilize the funds available to best address urgent needs, which plan
attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THI
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach hereby approves the
adoption of the City o.f Boynton Beach's 2001-02 One Year Action Plan, which Plan is attached
hereto as Exhibit "A" and made a part hereof.
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this
day of. August, 2001.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
kTTEST:
City Clerk
Commissioner
:ca~R~o~0102 O~ Y~ A~tion Pl~
AID TO VICTIMS OF DOMESTIC ABUSE, INC - $10,000
(Public Service)
This activity provides a 24-hour crisis
management .for adults, elder victims, and
and abuse. AVDA provides a safe, ~
day. '~-~-
for services, counseling, and case
of domestic violence
which is monitored 24 hours a
THE COMMUNITY CARING CENTER OF BOYNTON BEACH -$15,000
(Public Service)
Provide administrative salaries for
mortgage assistance, rent, utility
Iow income. Other services to include
education
services to include food, shelter, and
for Iow and very
~g, advocacy, and
FAIR HOUSING CENTER OF THE GREATER PALM BEACHES - $15,000
(Administrative)
Provide Fair Housing Initiatives designed to inform and educate the general public,
housing industry groups, media, and financial institutions of their Obligations concerning
fair housing. They will monitor agencies for compliance with fair 'housing laws, and
instruct the public to identify incidents of housing discrimination and inform victims
seeking legal redress and relief. The goal is to combat housing discrimination and
insure compliance with local, state, and federal fair housing laws.
HEALTHY MOTHERS/HEALTHY BABIES COALITION OF PALM BEACH
COUNTY, INC. - $7,200
(Public Service)
Activity includes prenatal referrals, education and social services. Focuses on middle
school and high school education with presentations on the consequences of teenage
pregnancies, birth control and male responsibility. Provides support groups for
pregnant and parenting teenagers, Iow cost childbirth classes, and parenting classes
geared toward fathers.
HAVE A DREAM I FOUNDATION - $7,500
(Public Service)
Provide academiC support, cultUral and recreational activities and individual attention for
children from the low income community. The goal is to see that every "Dreamer"
graduates from high school, functionally literate and prepared for employment or further
education. Provides tuition assistance to assure that they will have the opportunity to
attend college, a university, or accredited vocation school.
THE JUVENILE TRANSITION CENTER, INC - $15,000
(Public Service)
Activity provides academic support and work experience for disadvantaged youths,
operating atthe Ezell Hester Center. The program implements reWards and structured
academic activities that are designed to increase the FCAT scores. The summer
component allows participants to receive a $500 stipend for their job performance and
work ethics. -~P-aciicipants will also have an opportunity to earn high school credit from
the Palm Beach County School District for academic performance of 2.0 or better, as
well as pleasure field trips during school breaks during the school year.
URBAN LEAGUE OF PALM BEACH COUNTY, INC - $5,000
(Public Service)
Activity extends housing counseling services to 50 Iow income residents of Boynton
Beach. This program enables .clients to make informed and reasonable decisions to
achieve housing goals, and resolving housing problems associated with credit issues.
Provides counseling as well as referral to other provider agencies as needed.
VETSVlLLE CEASE FIRE HOUSE, INC. - $12,000
(Public Service)
This activity provides shelter and food to veterans in need, to assist them in
employment, and assistance in applying for various government benefits that they are
eligible for. Additional, they address other needs, such as addictions and other medical
or mental health care needs.
CITY OF BOYNTON BEACH RECREATION DEPARTMENT- $15,000
(Public Service)
To provide scholarships for Iow income City of Boynton Beach residents for the summer
camp program. These residents must also provide documentation that they meet the
Palm Beach County School District eligibility requirement for free or reduced lunches.
CITY OF BOYNTON BEACH RECREATION DEPARTMENT
WILSON CENTER - $35,000
Activity will include professional consultant to create a master plan for the Wilson Park
Project.
BOYNTON BEACH FAITH BASED
COMMUNITY DEVELOPMENT CORPORATION - $75,000
Special activities by a Community Based Development Organization designated to carry
o~Jt neighborhood revitalization and community economic development programs. This
organizations primary purpose is the improvement of the physical, economic and social
environment of its geographic area of operation, and will be addressing one or more
critical problems of the area, with particular attention to the needs of persons of Iow and
moderate income. This activity will include comprehensive Community Redevelopment
of the MLK and Cherry Hills community, and will include an Affordable Housing
Development Initiative.
PALM BEACH COUNTY RESOURCE CENTER - $30,000
TECHNICAL ASSISTANCE/BUSINESS ENTERPRISE
Provide 1
locate to
Business E
ide
inco
/ice.
aval
packaging, and
packaging, and
PALM BEACH COUNTY RESOU
CONSTRUCTION: MAI~
iEMENT
$25,0:00
Activity manages and coordinates the Construction Management Training Program for
Boynton Beach tradesmen who are interested in enhancing or developing their
management capabilities within the constructionrindustry. The seven course curriculum
will be taught by trainers in the construction industry affiliated with Florida Atlantic
University. It will open the doors for= disenfranchised residents and promising
entrepreneurs. It offers 15 scholarships to Boynton Beach residents.
HOUSING REHABILITATION AND DELIVERY- $210,700
To assist in meeting the national objective of safe and decent housing by continuing the
City's efforts to rid the community of sub-standard housing units. Program will address
code, health and safety issues for very-low, Iow, and moderate income families in the
community.
ADMINISTRATIVE - $100,600
Costs associated with the planning, administrating and execution of the Community
Development Block Grant program.
Requested City Commission
Meeting Date~-
[] July 17,2001
[] August 7, 2001
[] August 21,200l
[] September 4, 2001
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to CiW Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October2. 2001
[] October 16, 2001
[] November 6, 2001
VIII.-PUBLIC HEARING
ITEM B.
Date Final Form Must be Turned
in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
Septernber 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please place this request on the August 7, 2001 City Commission Agenda under Public
Heating. The Planning and Development Board with a vote of 6-0 recommended that the subject request be approved
subject to all staff comments except for condition #1. For further details pertaining to this request see attached Department
Of Development Memorandum No. PZ 01-146.
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
SPRINT CELLULAR TOWER/HESTER PARK
Julio Dumas
City Of Boynton Beach
1901 Seacrest Boulevard
Request for conditional use approval for a 144-foot high monopole telecommtmications tower with
co-location capability on a 1,800 square foot parcel at Hester Park.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES~I~/A
Dev~me~ De~i~1~e~{~D~r~'~tor
Manager s ~ignamre
Planning & Zoning Difettor City Attorney / Finance / Human Resources
S:~Planning~SHARED\WPLPROJECTSXSprint Tower at Hester Park'~Agenda Item Request 8-7-0 l.dot
S:~BULLETIN'ff:ORMS~AGENDA ITEM REQUEST FORM.DOC
TO:
FROM:
DATE:
SUBJECT:
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 01- 146
Chairman and Members
Planning and Development Board
Lusia Galav, A1
PrinciPal Planner~
July 16, 2001
Sprint PCS - COUS 01-004
Conditional Use Approval - Telecommunication Tower
PROPOSAL SUMMARY
Sprint PCS proposes to install a 144-foot high monopole tower and its related equipment on a 30 foot by
60 foot leased parcel at the Hester Park Community Center located on the west side of Seacrest
Boulevard, south of Gateway Boulevard. Based on current Sprint PCS technology, the proposed use is
necessary to promote the public interest at this location. The proposed equipment and use will be
operated by Sprint PCS. On June 5, 2001, the City Commission approved the Sprint PCS Site Agreement
per Resolution R-01-200 for a telecommunication tower. In accordance with Chapter 10, Section 3 A. 1,
the applicant is now seeking conditional use approval to allow the construction of the monople facility.
Agent:
Julio Dumas (Gulf Coast Real Estate Consultants, LLC)
Project name:
Sprint PCS Telecommunication Tower
General description: Conditional use / new site plan approval for a 144-foot high monopole tower at
Hester Park
Size:
24 acres (entire park)
Leased parcel size: 1,800 square feet (monopole tower location)
Land use:
Recreational (R)
Current Zoning:
Recreation (REC)
Location:
Northwest comer of Hester Park
Total Building area: (See Exhibit "B" - Proposed Site Plan)
Sprint PCS - COUS 01-004
Page 2
Memorandum No. PZ 01 - 146
Surrounding land uses/zoning:
North - Developed S~rr~g-~zfamily residential subdivision, Moderate Density (MoDR) land use and zoned
Single-Family (R- 1);
East- Seacrest Boulevard, further east developed residential subdivision designated Low Denistiy
(LDR) land use and zoned Single-Familiy (R-lA);
South - Developed duplex residential, Medium Density (MeDR) land use and zoned Duplex (R-2);
West - Right-of-way of Interstate 95.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Section l l.2.D of the Land Development Regulations contains the following standards to which
conditioqal 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 standards.
The Pl.,anning and Development Board and City Commission shall consider only such conditional uses as
are authorized under the terms of these zoning regulations and, in connection therewith, may grant
conditiortal 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 p~otectmn of the surrounding area and the citizens general elfare, or deny conditional uses when
not in hahuony 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, s~fety and welfare of the community and make written findings certifying that satisfactory
provisions have been made concerning the following standards, where applicable:
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.
The s~.bject property has one point of ingress/egress off of Seacrest Boulevard. The proposed access
and utility easement will be 20feet in width and will consist of segments of existing asphalt pavement
and proposed concrete pavement which will connect the subject site to Seacrest Boulevard..
There is no on-site traffic circulation system for this leased parcel as this project generates no
vehicular or pedestrian traffic.
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.
Sprint PCS - COUS 01-004
Page 3
Memorandum No, PZ 01 - 146
No parking is required by Code. No parking will be provided for this facility as no permanent
employees will be-working on the premises.
3. Refuse and.service m~ts, with particular reference to the items in subsection 1 and 2 above.
No dumpster is proposed as no refuse will be generated in connection with the tower operation.
4. Utilities, with reference to locations, availability, and compatibility.
The Utility Department generated no comments. This proposal must adhere to the conditions of
approval requested by the Fire Department regarding the location of the fire hydrant.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
o
In order to deter loitering and/or trespassing, a green slatted chain link fence eight (8)feet in height
will surround the entire leased parcel. A landscape buffer five (5)feet in width located outside of the
fenced area is proposed along the north and east side of the leased parcel and is proposed to contain
Sabal Palm trees and VZax Myrtle hedges. In order to include species more tolerant to sandy soil staff
has conditioned the approval upon the replacement of Wax Myrtle hedges with Cocoplum hedges.
Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
This conditional use application is proposing no signs or lighting,- No signs or exterior lighting plans
were submitted to the City at the time of evaluation of this proposal. The conformance of the exterior
lighting and/or signs with the Code would be conducted during the time of building permit review.
7. Required setbacks and other open spaces.
The proposed monopole tower meets or exceeds all setback requirements required of the REC zoning
district. All proposed improvements, including equipment buildings and other structures assoctated
with the proposed tower meet the required setbacks for the underlying zoning district. There are no
other towers within 1, O00 feet of the proposed Sprint PCS monopole tower.
There are no other structures, existing communication towers 'or monopole towers within the
immediate geographic area that meet the engineering requirements needed by Sprint PCS
8. General compatibility with adjacent property and other property in the zoning district.
The monopole tower is proposed to be located in the REC (Recreation) zoning district. The City's
Land Development Regulations designates this zoning district as a place where telecommunication
towers are allowable. In general the proposed project is compatible with the immediate recreational
type of uses. A ball field is located just north of the leased parcel. In ballparks and playfields,
lightpoles and flagpoles are commonly used to place new and collocating communication antennas.
Sprint PCS - COUS 01-004
Page 4
Memorandum No. PZ 01 - 146
Although this ,oroposed communication tower is not of the stealth variety, its presence inside the park
would not be an incompatible feature or uncommon occurrence within this land use classification.
9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby
properties, and th~ C'rTy-as a whole.
The proposed structure will stand 144feet in ,height.and be painted gray in order to "blend" in with
the s~rr-ounding area. 'The maXimum a'llowable height of a telecommunication tower is 150feet.
10. Economic effects on adjacent and nearby properties, and the city as a whOle.
The proposed monopole tower is designed to accommodate the collocation of PCS or other cellular
carriers. This attribute, which is highly encouraged~'by the City through its zoning code, will reduce
the n~ed for additional towers Or monopoles in the ar~a should the demand arise. The proposed use
will constitute additional convenience and choice for the residents traversing the 1-95 corridor as well
as residents of the City of Boynton Beach.
11. Conformance to the standards and requirements that 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 will 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 Ordinar~ce.
With incorporation of all conditions and staff recommendations contained herein, the monopole tower
will operate in a manner that ig in compliance with the above-referenced codes and ordinances of the
City o_f_Boynton Beach. In particular, the applicant will have to apply for and obtain all necessary
apprDvals and licenses fro'm all applicable governing bodies.
RECOMMENDATION
Based on the discussions contained herein, compliance with development regulations, and the consistency
request ect
with the Comprehensive Plan, staff recommen~Is,,, that this be approved subj to satisfying all
conditions of approval as contained in Exhibit "C .
LG/elj
I:\SHRDATA~Ianning\SHAILED~WP~PROJECTS~Sprint Tower at Heater Park\COUS staffreport.doc
LOCATION MAP
Sprint PCS Tower at HeSter Park
EXHIBIT "A"
:-
PM
1/8 MI LE,..,q
400 800 FEET
I!
i:
ii!ii
l il~: i-
l l iii It ilhJJililj|lJli:~iil:lJ
0
I l!JlllllJli
-r'
X
III
~l;g,, ! -,'-~-,-..- I[ · ~ -:
'"'~ ~~ "' .,¢~ ~!~ ~
,,,,,,,,~ ~ ~ ~ ~~~'
~ jlJ
' ~ 'I~ '~-~
JJll~i Ii I 'Jil
J.l,iJ.J~lj. ll.,ljtlltli
" .. ~1 II ~I I
_ II I
X X
Il.-
-r
X
UJ
_~ ~1 LII II /
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Sprint PCS Telecommunication Tower
APPLICANT'S AGENT: Julio DumaS, Gulf Coast Real Estate Consultants, LLC
APPLICANT'S ADDRESS: 6167 Drake Street, Jupiter, FL 33458
DATE OF HEARING_~TIFICATION BEFORE CITY COMMISSION: 08/07/01
TYPE OF RELIEF SOUGHT: Seeking conditional use approval for the construction of a 144-foot high
monopole telecommunication tower located on a 1,800 square-foot leased
parcel in Hester Park.
LOCATION OF PROPERTY: Hester Park
DRAWING(S): SEE EXHIBIT" A and B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Flodda on the date of 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 ahd
the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis fo r the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
GRANTED subject to the co nditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made '~n accordance with the terms and
conditions of this order.
7o Other
DATED:
City Clerk
~ J:~SHRDATA~P~anning\SHARED',WP\PROJECTS\Spdnt Tower at Hester Park\DO.doc
EXHIBIT "C"
CONDITIONS OF APPROVAL
Conditional Use Site Plan
Project name: Sprint PCS
File number: COUS 01-004
Reference: 2na review plans: identified as Conditional Use Site Plan. File # COUS 01-004 with a June 26, 2001
Planning and Zonir[~ i~rtment date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: NONE X
PUBLIC WORKS - Traffic
Comments: NONE X
UTILITIES
Comments: NONE X
FIRE
Comments:
1. A fire hydrant must be located within 200' of the structure. X
2. A Knox padlock is required for the gate. X
POLICE
Comments: NONE X
ENGINEERING DIVISION
Comment: NONE X
BUILDING DIVISION
Comments:
COA
07/25/01
2
DEPARTMENTS INCLUDE .REJECT
3. Identify with~site data the finish slab elevation (lowest floor
elevation) that is proposed for the slab. Verify that the prOpOsed
elevation is in ComPliance With regulations of the co:de by adding :
specifications to the site data that address the follOWing issues [Section
3107.1.2, Chapter 3i of the BoyntOn' Beach amendments to the 1997
edition of the Standard Building COde]:
a) The design professional-of-record for the project shall add the
following text to the'site data; "The proposed finish slab
elevation NGVD is above the highest 100-year base
flood elevation applicable to the building site, as determined
by the South Florida Water Management District's surface
water management construction development regulations."
b) Identify the finish elevation that the design professional has
established for the slab that is shown on the drawings titled
site plan.
4. At time of permit review, submit signed and sealed working drawings 'X
of the proposed construction.
5. At time of permit review, submit for review an addressing plan for the X
project·
6. Construction of tower shall be designed to withstand wind loads per X
City of. Boynton Beach Amendments to the Standard Building Code
Sectiorl 1606·
PARKS AND RECREATION
Comments:
7. Staff recommends that the Sabal palmetto trees should be bare root X
size (not 30 gallon) ranging fi:om ten (10) feet to twelve (12) feet of
clear mink. Ensure that the trees are not booted in order to deter
children from climbing them.
8. Replace Wax Myrtle with Redtip Cocoplum each planted tip to tip and X
sized between 36 inches and 48 inches in height in order to achieve a
more immediate screening. Revise landscape plan and adjust quantity
and species accordingly.
COA
07/25/01
3
DEPARTMENTS INCLUDE'REJECT
9. The site plan~-sh6trtd indicate how the single sabal palmetto tree, X
located in the southwest comer of the site, is to be watered.
10. Staff recommends that the mulch should consist of melaleuca natural X
color and not pine bark.
FORESTER/ENVIRONMENTALIST
Comments: NONE X
PLANNING AND ZONING
Comments:
11. Since the leased parcel is less than one (1) acre, the City shall require X
the execution of a unity of title, unity of control, or other
documentation as determined appropriate by the City Attorney
(Chapter 10, Section 3.C.).
12. Sable Palms shall be planted tip-to-tip, spacing not to be less. than 12 X
feet. Revise the plant material list to show correct number of trees
needed to meet spacing required for necessary screening.
13. Omit Note #11 on Sheet C-2 as irrigation is required to be provided on X
site.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
14. Omit condition #1. X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
MWR/pat
\\CHWIAIN\SHRDATA\Planning~SHARED\WP~PROJECTS~Spdnt Tower at Hester Park~COA.doc
Requested City Commission
Meeting Date~~ ~c_:~-
July 17, 2001
[] August 7,2001
[] August 21, 2001
[] September 4, 2001
VIII.-PUBLIC HEARING
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October 2, 2001
[] October 16, 2001
[] November 6, 2001
Date Final Form Must be Tumed
in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3,200l (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please place this request on the August 7, 2001 City Commission Agenda under
Public Hearing. The Planning and Development Board with a vote of 6 to 0 approved the request for postponement to the
Planning and Development meeting of August 28, 2001. This item was advertised for the August 7, 2001 City Commission
meeting. Approval of the postponement by the City Commission would postpone"Commission review until September 4,
2001.
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
PALM WALK ACLF
Lewis Feldman
Ann Feldman
108 S.W. 19th Avenue
Request for conditional use/site plan approval to construct a 48-unitCongregate Care Facility on
approximately 2 acres of property located at S.W. 19th Avenue approximately 100 feet east of
Congress Avenue.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES'..~J~ ,~i~/A
Deve~r~nt D~ahaxaent ]girecTor
Plan ' g &-Zonin~tlJ/r~'~ctor City Attorney / Finance / Human Resources
S:~Plannirlg~SHARED\WP~PROJECTS'xPALM WALK ACLF~COUS 01-003XAgenda Item Request 8-7-01 .dot
SABULLETIN~ORMSXAGENDA 1TEM REQUEST FORM.DOC
Requested City Commission
Meeting Date~~:- ~z_~.~:~. -
[] July 17, 2001
[] August 7, 2001
[] August21,2001
[] September 4, 2001
VIII.-PUBLIC HEARING
ITEH D.
CITY OF BOYNTON BEACH
AGENDA ITEM QUEST FORM
Date Fi/tal Form Must be Turned
in to City Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October 2,2001
[] October 16,2001
[] November 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3,200l (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please place this request on the August 7, 2001 City Commission Agenda under
Public Hearing. The Planning and Development Board with a 6-0 vote recommended that the subject request be
approved subject to staff comments. For further details pertaining to this request see attached Department of Development
Memorandum No. PZ 01-149.
EXPL~d~iATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
VILLAS AT QUANTUM LAKE
Mark Hanson
Villas at Quantum Lake Corporation
Quantum Lakes Drive ~ Quantum Boulevard
Request for abandonment of a twelve (12') foot drainage easement between Lots 59 and 60 of
Quantum Park at Boynton Beach Plat No. 6.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES.'A~ j~/A
Devel~f~t I~p~r~t Di~ctor
"(~ty Manager's S~gnature
Planning & Zoning Effr~ctor City Attorney / Finance / Human Resources
SSPIanningkSHARED\WPkPROJECTS\Villas at Quantum Lakes aka Grotto BaykABAN 01-002kAgenda Item Request 8-7-01 .dot
S:'~BULI~ETIN~ORMS~GENDA ITEM REQUEST FORM.DOC
Page 2
Memorandum No. PZ 01-149
ABAN 01-002.
CITY DEPARTMENTS
Engineering
Utilities
Planning and Zoning
Review incomplete
No objection.
No objection.
Due to the nature of the subject easement, drainage, no utility company was notified of the
abandonment request. Furthermore, the Quantum Community Development District approved the
proposed abandonment and its relocation on their November 22, 2000, meeting.
The following is a description of the zoning districts and land uses of the properties that surround the
subject request (see Exhibit "A" - Location Map).
North
South
East
West
Lot 62 Quantum Park, vacant property zoned PID;
Lot 58 Quantum Park, vacant property zoned PID;
Quantum Lakes Drive right-of-way and farther west, Water Management
Tract "P" and Tract "Q" Quantum Park;
Water Management Tract "M" Quantum Park and Sand Pine Preserve lot
in Quantum Park.
RECOMMENDATION
Staff realizes that the existing location of this drainage easement partially jeopardizes the realization of
the project; also, staff recognizes that the subject easement's purpose will be accomplished through
relocation of a more efficient 20-foot drainage easement. Therefore, staff recommends that the subject
abandonment request be approved subject to the recording of the new (relocated) easement, the
satisfaction of any condition generated by the Engineering Department (still on going), and any other
conditions of approval recommended by the Planning and Development Board or required by the City
Commission, and to be placed in Exhibit "D" - Conditions of Approval.
xc: Central File
S:\ Planning~ HARED~WP~P RO JECTS~ViIIas at Quantum Lakes aka Grotto B ay'O~BAN 01-002~taff Report 01-002.doc
EXHIBIT "A"
EASEMENT TO BE ABANDONED
15' UTILITY
J J EASEMENT
PLAT BOOK 57,
// 191-193
LIFT STATION
ENT
PLAT BOOK 57,
191-193 60
L. PO I NT OF
CURVATURE
59
',,o."- '%,
QUANTUM PARK AT BOYNTON BEACH, P.I.D.
PLAT NO. 6
PLAT BOOK 57, .PAGES 191-193
NOT A SURVEY
TRACT "A-I"
.,~.11 TIMOTHY M. SMITH
AND SURVEYING, INC.
10,3 SUNFLOWER STREET
ROYAL PALM BEACH, FL 554-11
(561) 792-9157
LB ~6865
SKETCH OF LEGAL
DESCRIPTION
RELEASE OF EASEMENT
PREPARED FOR
QUANTUM PARK ANO
VILLAGE, LLC
TRACT "A-2"
WEST 37g.83'
WATER MANAGEMENT
TRACT "M"
PLAT BOOK 57,
191-19..]
SHEET 2 OF 2
SCALE: 1"=100'
DATE' SEPTEMBER 2000
D I RECTORY: QUANQUAN
FI ELD BOOK' N/A
BWG NO. :QUANSK01 ~
'iii'
· "{ I *
EXHIBIT "D"
Conditions of Approval
Project name: Villas at Quantum Lakes
File number: ABAN 01-002
Reference: Application to Abandonment with a June 20, 2001 Planning and Zoning Division date stamp
marking.
INCLUDE REJECT
DEPARTMENTS~- =~-- .
PUBkIC WORKS
Comments: NONE X
UTII JTIES
Comments: NONE X
FIRE
Comments: NONE X
POLICE
Comments: NONE X
ENGINEERING DIVISION
X
Comments: NONE .-
BUILDING DIVISION
Comments: NONE X
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENTA l ,IST
X
Comments: NONE
'PLANNING AND ZONING
Comments: 1- New drainage easement to be recorded prior to final approval. X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments: None. X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined.
vlWRJdim
S:~LANN1NG~SHARED\WP~RO/ECTS\VILLAS AT QUANTUM LAKES AKA GROTTO BA~ABAN 01-002\CONDITIONS OF APPROVAL.DOC
Requested City Commission
Meeting Date~w -'-~ ~-'~-~
[] July 17,2001
[] Augcst 7,2001
[] August 21,200l
[] September 4, 2001
CITY OF BOYNTON BEACH
AGENDA ITEM QUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October 2, 2001
[] October 16,2001
[] November 6, 200l
VIII.-PUBLIC HEARING
ITEPl E.
Date Final Form Must be Turned
in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please withdraw this request from the August 7, 2001 City Commission Agenda under
Public Hearing. This application has been withdrawn by the applicant. For further details pertaining to this request see
attached Department of Development Memorandum No. PZ 01-135.
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCA'EION:
DESCRIPTION:
CANDLEWOOD TOWER PLAZA
William Thomas
Estelle Blumberg & Mega Mini Co. Ltd
Northeast comer of Congress Avenue & SW 30th Avenue
Request to reclassify +4.41 acres of vacant property from Industrial (I) to Local Retail Commercial
(LRC) and rezone from Light Industrial (M-l) to Commtmity Commercial (C-3) in connection
with the development of a hotel, office/retail and stand-alOne restaurant.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
Deve lo~J~p~m~n~rect~ '
C~ty Manager's Signature
Planning & Zoning lJi~ctor City Attorney / Finance / Human Resources
S:XPlanning~SHARED\WP~ROJECTS\CANDLEWOOD TOWER PLAZA'~LUAR-REZN~genda Item Request 8-7-01 .dot
SSBULLETINSFORMSXAGENDA ITEM REQUEST FORM.DOC
Page 2
Candlewood Tower Plaza
File Number: LUAR 99-006
Adjacent L~tnd Uses and Zoning:
North:
South:
LWDD Lateral 28 canal, then developed residential (Golfview Harbor Estates
Towutmuses/Villas) Property designated High Density Residential (10.8 du/ac) land
use and zoned Multi-family residential (R-3)
Right-of-way of SW 30th Avenue, then developed commercial property (Retail/auto-
related sales and services) designated Industrial (I) land use and zoned Light
Industrial (M- 1).
East:
West:
Developed industrial property (Spac~ Plus storage warehouse) designated Industrial
(I) land use and zoned Light InduStrial (M-1).
Right-of-way of Congress Avenue, then developed commercial property (Village at
Manor Park/Manor Care adult/assisted living facilities) designated Local Retail
Commercial (LRC) land use iand zoned:Community Commercial (C-3).
PROJECT ANALYSIS
The criteria used to review ComprehensiVe Plan amendments and rezonings are listed in Article
2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments:
Rezonings. These criteria are required to! be part ora staff analysis when the proposed change
includes an amendment to the Comprehensive Plan Future Land Use Map.
Whether the proposed: rezoni~g would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without
written approval of the Palm Beach County Emergency Planning Division and the
City's risk manager. The planning department shall also recommend limitations or
requirements, which would h~ave to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
According to the Comprehensive Plan Future Land Use Support Document, under the
"Discussion of Supply and Demand for C 6mmercial Land" the following is recommended:
"The Future Land Use Plan which is proposed for the City and areas to be annexed by the
City wilt accommodate all' of the anticipated demand for commercial land through build-
out. Therefore, the City should not change the land use to commercial categories, beyond
that which is shown on the proposed Future Land Use Plan, except for minor boundary
adjustments, small infill parcels, .or commercial uses of a highly specialized nature, which
have special location or site requii:ements, and therefore cannot, be easily accommodated
on already designated commercia~ areas','
Additionally, the "Land Use Problems and Opportunities" section of the Comprehensive Plan
Future Land Use Support Document specifically references the property:
Page 4
Candlewood Tower Plaza
File Number: LUAR 99-006
With respect ti~ consistency with the Comprehensive Plan, the subject amendment, consisting of
4.41 acres, is considered to be a small-scale land use plan amendment. While the amendment
request is for a "Commercial" land use designation, the uses proposed for the site would be
consistent with th~e~t of the suggestions for development of the industrial property fronting on
Congress Avenue found in the Comprehensive Plan. The development as originally proposed
could also avoid aesthetic problems that "Industrial" development of the site could pose. In the
absence of a site plan for the development, however, there is no assuranCe that other, more
intensive commercial uses would not be placed on the property which would not be consistent
with the directions contained in Section 8.e, cited above.
With respect to the policy directions of the Comprehensive Plan, the conversion of the land to
"Commercial" uses is inconsistent with the policy directive regarding the conversion of lands
designated "Industrial" to other uses. And finally, there are other lands designated
"Commercial" within the City where similar development could occur. Even though the market
study submitted with the application showS the need for a hotel/motel in the general area, the
locational requirements for the proposed uses are not so specialized that other sites already
appropriately designated would not be sufficient for this type of project.
Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated dt~strict 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.
While the proposed rezoning appears to represents a minor extension of the existing commercial
zoning district located directly west of the subject site, the existing development on the property
to the west (adult/assisted living facilities) is more characteristic of a multi-family development
than of uses typical of the Local Retail Commercial classification.
c. Whether changed or changing conditions make the proposed rezoning desirable.
No conditions have actually changed which now justify the proposed rezoning
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
The proposed rezoning would represent increases in potential impacts upon city utility systems.
A comparison for the water demand for develoP_ment under the proposed zoning shows an
average daily demand of 19,492 Gallons Per Day (GPD) compared to a demand for 11,000 GPD
under the existing zoning. Likewise average sewage flow is shown to increase from 10,000 GPD
under existing zoning to an average flow of 17,720 GPD under the proposed zoning.
With respect to roadway impacts and capacity: the proposed project must conform to the
County's Traffic Performance Standards Ordinance, Review comments received from the Palm
Beach County Traffic Division indicate that the project meets the Traffic Performance Standards
Page 6
Candlewood Tower Plaza
File Number: LUAR 99-006
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, the applicant has failed to show that this request is consistent with the intent
of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been
anticipated in the42_o:a~prehensive Plan; and will .be compatible with adjacent land uses even
though it. may contribute to the overall economic development of the City. Therefore, staff
recommends that the subject request be denied.
ATTACHMENTS
I:XSHRDATA\Planning~SHARED\WP',PRO JECTS\CANDLEWOOD TOWER PLAZA~UAR-REZNX. CandlewoodStafffi. eport, doe
LOCATION MAP
EXHIBIT "A"
"- ....~ GOLF ROAD
E ~ W'AY
SI
V 30TM AVE.
I I I
400 800
I FEET
.:1600 i
if-
Page 5
Candlewood Tower Plaza
File Number: LUAR 99-006
of Palm Beacti County contingent upon the approval of the land use amendment by the City of
Boynton Beach and provision of one exclusive northbound fight-tm lane along Congress
Avenue onto the project site. The traffic study submitted by the applicant, however, was based on
the original site p~o_r the site. This site plan has been withdrawn and no new site plan or traffic
study has been submitted for review.
With respect to solid waste: the SWA has stated, within a letter dated January 8, 2001, that
adequate capacity exists to accommodate :the county's municipalities throughout the 10-year
planning period
Lastly, drainage will also be reviewed in detail as part of the review of the conditional use
application, and must satisfy all requirements of the city and local drainage permitting authorities.
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 to C-3 is compatible with the adjacent C-3 zoning to the west; however
as stated above, the existing development on the property to the west is more comparable to a
multi-family use than to commercial development.
Whether the property is physically and economically developable under the
existing zoning.
The subject site is part of the Lawson Industrial Park and may cu~ently be developed with uses
permitted under the existing M-1 zoning
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.
While the size of the subject property is relatively small, the amendment would reduce the
amount of land within the city available for industrial development. As stated above, even
though the market study submitted with the application shows the need for a hotel/motel in the
general area, the locational requirements for the proposed uses are not so specialized that other
sites already appropriately designated would not be sufficient for this type of project.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
As stated above, there are existing sites elsewhere in the city for the proposed use.
Page 3
Candlewood Tower Plaza
File Number: LUAR 99-006
"8.e. Industrial Property Fronting on East Side of South Congress Ave
This is a:highly visible corridor which lies across the street from a low-density residential
developmei~Iherefore, approval of site plans along this frontage should include strong
consideration of aesthetics. In particular, garage doors and loading areas should not be
permitted to face Congress Avenue. Since the City's zoning regulations allow certain
retail uses and services related to home improvement (hardware, furniture; tile and carpet
stores, for example), it is expected that a large portion of this :frontage will develop for
these types of uses. In order to enhance this area as a home improvement and design
district, the City's zoning regulations should be examined to determine whether other
similar retail goods and services should be permitted on industrial parcels which front on
thoroughfares. Promoting hOme improvement and design uses along this frontage would
provide a low-intensity commercial use which would avoid the aesthetic problems which
often accompany both industrial uses and conventional strip commercial development."
Policies from the "Future Land Use Element" of the Comprehensive Plan that affect the requested
amendment include:
Policy 1.19.2:
"The City shall provide continued effort to allow for industrial acreage which can
accommodate the approximate industrial employment which has been projected in the
Future Land Use Element, and prohibit conversion of land designated "Industrial" on the
currently adopted Future Land Use Map iunless such conversion would generate a range
of employment choices for current and future residents, provide goods and services of
regional importance, and retain regional ~fiscal and economic significance."
Policy 1.19.6:
"The City shall continue to encourage and enforce the development of industrial land as
industrial parks or concentrated industrial areas in order to maximize the linkage between
complementary industries."
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."
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 01-135
TO:
FROM:
THROUGH:
--~'~--Chairman and Members
Planning and Development BoardI~, ....-;~,.//~
Dick Hudson, Senior Planner br /''~
Michael W. Rumpf
Director of Planning and Zonin
DATE: July 5, 2001
PROJECT DESCRIPTION
Project/Applicant: Candlewood Tower Plaza/Congress Properties
Agent:
Owner:
Location:
William G. Thomas
Estelle Blumberg & Mega Mini Co. Ltd.
Northeast comer of Congress Ave. and SW 30th Avenue
File No:
Land Use AmendmendRezoning (LUAR 99-006)
Property Description:
Vacant property consisting of +4.41 acres classified Industrial and zoned
M-1.
Proposed change/use:
To reclassify the subject property from Industrial (I) to Local Retail
Commercial (LRC) and rezone from Light Industrial (M-l) to Community
Commercial (C-3). The applicant, Congress Properties is proposing these
changes in order to develop the subject property with a hotel, office/retail
component and stand-alone restaurant; however, the original site plan
application for this proposal was withdrawn for possible revisions and
resubmittal. The proposed land use change qualifies as a small s.cale
amendment pursuant to Chapter 163 F.S. 'The proposed C-3 zoning
district is consistent with the proposed Local Retail Commercial (LRC)
Future Land Use Plan designation.
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Villas at Quantum Lakes
APPLICANT'S-AGENT: Mark M. Hansen of Olen Residential Realty Corporation
APPLICANT'S ADDRESS: 1062 Coral Ridge Dr. - Coral Springs, FI 33071
DATE OF HEARIN~-7~TIFICATION BEFORE CITY COMMISSION: August 07, 2001
TYPE OF RELIEF SOUGHT: Request for drainage easement abandonment
LOCATION OF PROPERTY: East side of Quantum Lakes Drive
DRAWING(S): SEE EXHIBITS "A", "B", and "C" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the publiC finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
HAS
HAS NOT
established by substantial corn petent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "D" with notation "Included".
The Applicant's application for relief is hereby
GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall, be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:',Planning~SHARED\WP~ROJECTS\Villas at Quantum Lakes aka Grotto Bay~ABAN 01-002\Development Order.doc
EXHIBIT ".C"'
EASEMENT TO BE REL.~C,4 TED
(NOT TO SCALE)
NOTES:
CONST I
SURVEY OF
'2. NOT
· THE OR I ~;
~.~L I CENSED
.3.
.'.L [ CENSED
4. BEAR I
f$OUTHEAS
AT BOYNT~
"RECORDED
'PUBL I C
FLOR 1 DA, BEAR I NG
EAST.
CORNER
LOT 59. PB 57,
PG$ 191-19;3
DEl'AIL A
IATION SHOWN HEREON DqES NOT
'E, NOR OOES I T .-REPRESENT. A
THE SUBJECT PREMI
ALID WI TI-tOUT THE SIGNATURE AND
INAL IRAISED SEAL OF A FLORIDA
SURVEYOR AND MAPPER.
ROOS AND ASSOC I ATE$, I NC.,
AUTHORIZATION NO. LB-048.
~GS SHOWN HEREON ARE BASED ON THE
N LINE OF' LOT 59, QUANTUM PARK
BEACH, P.I.D. PLAT NO. 6. AS
~N PLAT BOOK 57, PAGES 191-19;3,
~ECORDS OF PALM 'BEACH COUNTY,
BEING NORTH
LAKES DRIVE
57. PG$ 191-19..~
STATION
13'54'E
47.18' -
~1 2'W
43:89'
s Vi'o' 2-
140:17'
6O
15' UE]
~3.75
¢_ 20'
ACC~S
.. QU~U P~K AT BORON J, I~
B~CH, P.I.D. P~T NO.6 I fi I m
PB 57, POS 191-193 ~
' [ ~-' ' N4714'59'E 741.41'
DE g~ l ~GE ~ASEMENT T~CT "A-~" R E~UNE
P~ ~LAT BOOK
PO(S) PAGES
PO8 PO I NT OF BEG I NNI NG
POC POI NT OF COMMENCEMENT
, , , ,~g.,?7. ~p.
0~' EC' J ~~ IQU~M P~K AT 80~NJ_
~ (561~ 683-311~. fax 478-72~ ~ SEC
TOTAL =.~3
I
I
I$ -- 3Nlq
_ LJ
07/2001
TO:
THRU:
FROM:
DATE:
SUBJECT:
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 01-149
Chairman and Members
Planning and Development Board
Michael W. Rurrlbf
(~_.
Planning and Zoning Director
Jose R. Alff~?o
Planner
July 19, 2001
Villas at Quantum Lakes
),BAN 01-002
NATURE OF REQUEST
Mark M. Hansen of Olen Residential Realty Corporation, agent for Villas of Quantum Lake
Corporation, A Florida Limited Partnership, has filed this application to abandon a 12-foot drainage
easement lying between lots 59 and 60, Quantum Park at Boynton Beach P.I.D., Plat No. 6, as recorded
in Plat Book 57, Page 191, Public Records of Palm Beach County, Florida. The attached Exhibit "A"
shows the location of the applicant's property, and includes a diagram of the specific easement to be
abandoned.
BACKGROUNI)
In February, 2000, The Quantum Park DRI Development Order #10 changed the land use designations
for parcels 59 - 67C to allow "Mixed Use" that permits office, commercial and residential uses. The
easement exists on property planned for a multi-family residential component of a conceptual Master
Plan known as Villas at Quantum Lake. The developer Proposes the construction of eighteen (18), two-
story buildings. One (1) of the proposed buildings would be constructed on portions of an existing 12-
foot drainage easement dedicated by plat to the Quantum Park Property owners Association, Inc. (see
Exhibit "B" - proposed site plan).
The developer is requesting the abandonment of the above-referenced easement located at either side
and along the dividing parcel line between lots 59 and 60, to facilitate the development of the project. It
should be noted that the applicant is proposing replacement of the existing drainage easement with a
new 20-foot drainage easement located partially on lot 59, and partially on lot 60 (see Exhibit "C" -
proposed drainage easement).
ANALYSIS
According to the applicant, the subject easement is currently not being utilized by any agency and/or
city, and is not of interest for future use by any local public or private utility company.
Furthermore, the City departments involved in the review of all requests for abandonment are
identified bellow. Public notice was given to the property owners that abut the easement and it has been
advertised in the newspaper. The responseS by the city departments are as follows:
Requested City Commission.
Meeting Dates
[] July 17, 2001
[] August 7, 2001
[] August 21,2001
[] September 4, 2001
XI. - NEW BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October 2, 2001
[] October 16, 2001
[] November 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Authorization to City Manager to prepare letter on behalf of Commission to palm
Beach County School Board re-affirming the City's interest in continued municipal involvement with school
boundary decisions.
EXPLANATION: The City of Boynton Beach through the Educational Advisory Board has had extensive
involvement with the School District on school boundary issues. The recent work has been in collaboration with the
City of Delray Beach and COWBRA. The City desires continued involvement in school boundary decision and is
concerned about recent policy direction changes at the School Board level that may eliminate municipal involvement
and collaboration with the School Board on important boundary issues. The City believes that municipal involvement
with the District on boundary issues_iS an important activity supportive to concurrency issues and cooperative land
use planning.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: Assume that the School Board has the necessary information to make an informed decision
on this matter.
Department Head's Signature City Manager's S~gnamre
Department Name
City Attomey/ Finance / Human' Resources
S:\BULLETIN~ORMSL~GENDA ITEM REQUEST FORM.DOC
Requested City Commission
Meeting Dates
[] July 17,200t
[] August 7, 2001
[] August 21,2001
[] September 4, 2001
x*r. - NEW BUSINESS
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meetine Dates
[] September 19, 2001
[] October 2, 2001
[] October 16,2001
[]' November 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDAITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECO?MENDATION: Authorization to City Manager to prepare letter to M.P.O. concerning TriRail
expansion and impact on Gulfview Harbour area.
EXPLANATION: Recent discussions by the Gulfview Harbour homeowners association and representatives of
TriRail's proposed construction of a second rail line throughout Boynton Beach have not yielded satisfactory results
regarding noise attenuation work. This includes discussion of installation of sound b~rriers, if practicable, and the
reconstruction of a bridge over a canal. The present bridge structure ~s a steel bridge that contributes to high noise
problems.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: Leave the issue as a homeowner's association i~su~ /..._)
Department Head's Signature City Manager's Sigaatur'~-e
Department Name
City Attorney / Finance / Human Resources
S:~BULLETIN~ORMSX~GENDA ITEM REQUEST FORM.DOC
Requested City Commission
Meeting Date~'r- ~z~.-:~--
July 17, 2001
[] August 7, 2001
[] August 21,2001
[] September 4, 2001
NATURE OF
AGENDA ITEM
XTT. - LEGAL
CITY OF BOYNTON BEACH rrEM
AGENDA ITEM REQUEST FOR
Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
in to City Clerk's Office Meeting Dates in to City Clerk's Office
July 5, 2001 (5:00 p.m.) [] September 19, 2001 September 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.) [] October 2, 2001 September 20, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.) [] November 6, 2001 October 17, 2001 (5:0~.m.)_.~
[] Administrative [] Development Plans co ....
[] Consent Agenda [] New Business
[] Public Hearing [] Legal .~- ~-~
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please place the request on the August 7, 2001 City Conmfission agenda under Legal,
Ordinance-Second Reading. The City Commission voted unanimously to approve the rezoning on November 19, 1996, and
the First Reading of the ordinance was approved on July 17, 2001.
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCI~IPTION:
East Ridge PUD
Kevin O'Riordan
Robust Development Company
Northeast of the intersection of Northeast 4t~ Street and Northeast 20* Avenue.
Rezoning of +5.054 acres of property from R-3, Multiple-family Dwelling to Planned Unit
Development with a Land Use Intensity of 7.0 (PUD LUI:7.0).
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Devel~D~ ~!ln~irector
"-City Manager'S-Signature
.... ? City Attomet~//~nance / Human Resources
Planning & ZoOming Dnrector Second Rea ;~gd~n
S:~Planning~SHARED\WP~ROJECTShEast RidgeLREZNXCCAgenda
REZN08-7-01.dot
ORDINANCE NO. 01-q~
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, REZONING
A 5.05 ACRE TRACT OF LAND
~OWN AS EAST RIDGE,
FROM (R-3)
TO PLANNED ~T DEVELOPMENT;
FOR :CONFLICTS,
AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
~dopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said
City; and
WHEREAS, the City Commission of the City of Boynton Beach previously
on November 19, 1996, approved a rezoning request to change the zoning on 5.05
acres of property located 100 feet northeast of the intersection of N.E. 4th Street, and
N.E. 20th Avenue, approximately 300 feet south of N.E. 22nd Avenue, from R-3
(Multiple Family Dwelling District) to Planned Unit Development, known as East
Ridge, subject to staff comments; and
WHEREAS, the City Commission deems it in the best interests of the
inhabitants of said City to amend the aforesaid Revised Zoning Map to reflect this
action, as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The following described land, located in the City of Boynton Beach,
Florida as set forth as follows:
A parcel of land in Section 15, Township 45 South, Range 43 East, Palm Beach County
Florida, more particularly described as follows:
East Ridge P.U.D. according to the Plat thereof recorded in Plat Book 82, Pages 118 -
120, Public Records of Palm Beach County, Florida, and also being a replat of a portion
of Lot 27 and-all of Lots 28 and 29 of SAM BROWN J'R'S SUBDIVISION as recorded in
Plat Book 1, Page 81, Public Records of Palm BeaCh County, Florida,
Containing approximately 5.054 acres of land.
)e and the same is hereby rezoned from Multifamily Residential (R-3) to Planned Unit
A location map is attached hereto as Exhibit "A" and made a part of this
reference.
Section 2: That the aforesaid Revised Zoning Map of the City shall be amended
Section 3: All ordinances or parts of ordinances in conflict herewith are hereby
)ealed.
Section 4: Should any section or provision of this Ordinance or any portion
declared by a court of competent jurisdiction to be invalid, such decision shall
the remainder of this Ordinance.
Section 5: This ordinance shall become effective immediately upon passage.
READING this ~'1 day of July, 2001.
SECOND, FINAL READING and PASSAGE this day of August, 2001.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
City Clerk
(Corporate Seal)
;:ca\OrdhRezoning East Ridge PUD
DEPA .TMENT OF DEVELOPHENT
Pi: inning and: Zoning Division
el Buildln~ · Pl~fl; 'Jla & Zoning ® Oc~ul~f~Onat Llced-(es · Co~tmUrtity Re;leveloprltent
July 3, 2001
Mr. Kevin O' Riordan
Robust Development Company
941 North State Road 7
Plantation, Florida 33317
RE: East Ridge PUD Rezonir; g
Dear Sir:
It has come to staff's attention thatl although the Boyn~on 8each City Commission approved the
rezoning for the East Ridge PUD in' ,4ovember 1996, no ordinance was ever brougl~t forward
which would officially change the :~onin$ designation to PUD on the City' s Official Zoning Map.
The City Attorney' s Office is movih8 forward to process the necessary ordinance for adoption as
soon as advertising requirements pi trait; however, since the property has changed ownership since
the request for rezonin8 was origim. Ily processed, we will need written approval from the new
oWner(s) to proceed. ,My recluest is~ that you send me a brief letter stating that you, as agent for the
present owner(s), wish the City to c~mplete the rezonin8 process for the East Ridge PUD as
approved by the City Commission ~,n November 19, 1996.
If you have any questions in this m!.tter, please contact me at (561)74.2-6264.
Yours truly,
Dick Hudson, Senior Planner
(~lty ~)f Boymon Bl~cl~ · 100 Ea,tii~o~ton B,,¢h Blvd. · P.O. Box 310 Boynton
Phone.: (5~1)742-62() · Fax (56t)742-6259 · www.;Lboynton-I)ear, h.fl.u~
~JUL-5-~001 ~:$0A FROH: K~u~n O'Riordmn TO:l~lT~;~9 P:~
Jut¥ 5, 2001 .....
City of Boyaton Beach
Mr. Dick Hudson AICP
100 Bant Boynton Beach Boulevard
P.O. Box 310
Boynton Beach~ Florida 33435
RE: EAST RIDGE PUD
Dear Mr. Hudson:
! am in. re~ipt of your letter of July 3, 2001, concerning the rezoning ordLnance for the above
referenced site. As agent of Robust Development Company, the new owner of subject site, I am
formally requesting that you complete the rezoning process as soon az possible. I understand that
the city commission originally approved the change of zo~g desit~axion but did not complete
the process. I understand flxat this procedure is a formality Md will not hold up the permi~g
Thank you for your prompt attention u) ~is matter. If you have any questions or need additional
information, call me on my cell phone at 9~4-444-5250. ~.
Yours truly,
941 N sram Rd 7-Plantation, FL 33317-954-641-1500 - Fat 792-5692
Requested City Co _rn~'ss_io.~n_
Meeting Dates ....
[] July 17,2001
[] August 7, 2001
[] August 21,2001
[] September 4, 2001
NATURE OF
AGENDA ITEM
XlI. - LEGAL
CITY OF BOYNTON BEACH ITEM A.2
AGENDA ITEM REQUEST FORlX_
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to Citw Clerk's Office
Date Final Form Must be Turned
in to City Clerk's Office
July 5, 2001 (5:00 p.m.) [] September 19, 200l September 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.) [] October 2, 2001 September 20, 2001 (5~t0. p.m~,_<
[] October 16, 2001 October 3, 2001 (5:00 !5~.)
August
8,
2001
(5:00
p.m.)
August 22, 2001 (5:00 p.m.) [] November' 6, 2001 October 17, 2001 (5:00 p.m.) ---"- '~
_L ~ --4
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please place this request on the August 7, 2001 City Commission agenda under Legal,
Ordinance-Second Reading. The City Commission approved the recommendation of Staff on July 3ra. You will recall that
the Planning and Development Board with a 6-1 vote recommended the applicant's request be denied, which was to amend
the zoning district regulations to allow a cosmetology school as a permitted use within the C- 1 zoning district (which would
also carry forward into the C-2, C-3 and C4 districts). Alternatively, the Planning and Development Board recommended
that the staff recommendation be approved, which is to amend the zoning code to allow cosmetology schools as conditional
uses in the C-3 zoning district, and to add a definition for cosmetology and barber schools.
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
COSMETOLOGY SCHOOL IN C-lfBOYNTON-CATALINA
Weiner & Aronson, P.A.
Boynton Catalina
1753 N. Congress Avenue
Request to amend Chapter 2, Zoning, Section 6.A. 1 .n and 6.A.l.0 to allow cosmetology
schools as permitted uses in the C-1 zoning district, which would also allow the use in the
C-2, C-3 and C-4 zoning districts.
PROGRAM IMPACT:
N/A
FISCAL IMPACT: N/A
ALTERNATIVES~/~ N/A
Develo~a:fl'e~ D~-rt~n~Director
City Manager's Signature
Plarning & Zonin~irector ff City Atto~y/Finance / Human Resources
S:~Planning~SHARED\WPXPROJECTSCosmetologyAgenda Request second read~ngS-7.dot
S:~BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC
O ) NCE NO. 01- q
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOSTON BEACH, .FLORIDA
AMENDING LAND DEVELOPMENT REGULATIONS,
CHAPTER 1. GENERAL PROVISONS, ARTICLE II.
DEFINITIONS TO INCLUDE
BARBER
ZONING, 6.
REGULATIONS AND
SUBSECTION C. C-3
DISTRICT TO ALLOW
A CONDITIONAL USE IN
DISTRICT; PROVIDING
SEVE1Lh~ILITY,
EFFECTIVE DATE.
"COSMETOLOGY AND
USE
THE
FOR
CODIFICATION
~T
PROVISIONS,
COMMERCIAL
AS
WHEREAS, Chapter 1, General Provisions, Article II of the Land Development
Regulations sets forth definitions and staff has recommended that the definition for
Cosmetology and Barber Schools be included; and
WHEREAS, staff has also recommended that cosmetology schools be added ag' a
conditional use in the C-3 zoning;
NOW THEREFORE, BE IT ORDAINED B~ THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are tree and correct and are now
ratified and confirmed by the City Commission.
Section 2. That Chapter 1. Article IL Definitions, is hereby amended to add
he following definition:
COSMETOLOGY AND BARBER SCHOOLS - An establishment primarily
engaged in offering training in barbering, hair styling, or the cosmetics arts, such as
makeup or skin cre. These schools provide job-specific certification.
Section 3. That subsection C. C-3 Commurdty Commercial District is hereby
amended by adding language, as follows:
gg. Cosmetology schools including barbering, hair styling, or the
cosmetics arts, such as makeup or skin care, if in conjunction with the de}ivery of
the service to the general public on a daily basis *
Section4. Each and every other provision of the Land Development
Regulations not herein specifically amended, shall remain in full force and effect as
originally adopted.
Section 5. All laws and ordinances applying to the City of Boynton Beach in
conflict with any provisions of this ordinance are hereby repealed.
Section 6. Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 7. Authority is hereby given to codify this Ordinance.
Section 8. This Ordinance shall become effective immediately.
FIRST READING this ~l day of July, 2001
SECOND, FINAL READING AND PASSAGE this day of
August, 2001.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
TO:
THROUGH:
FROM:
DATE:
SUBIECT:
DEVELOPMENT DEPARTMENT
PLANNING AND zoNING DIVISION
MEMORANDUM NO. PZ 01-120
Chairraan and Members
Planning and Development Board
Michael W. Kumpf ~ ~
Director of Planning ~nZd~'z0hing
Maxime Ducoste-Am6d6e, Planner
June 13, 2001
CODE REVIEW CDRV 01-002
Cosmetology School added to the list of permitted uses in the C-1 zoning district.
NATURE OF REOUEST
Mr. Michael Weiner, Weiner & Aronson, P.A. representing Boynton Catalina Center, is
requesting that cosmetology schools be added to the list of permitted uses in the C-I, Office and
Professional Zoning district. Specifically, the applicant is requesting that the code be amended to
add a new permitted use to the C-1 zoning district (Chapter 2, Zoriing, Section 6. A. 1. n and 6.
A. 1 o.) to read as follows:
"n. Instr~tction or tutoring, with a gross floor area of less than two thousand (2,000) square
feet, limited to instruction or tutoring for office occupations, cosmetology, barber or academic
instruction or tutoring, and specifically excluding art, recreational, trade, or industrial
instr~tction, except a__~s permitted above."
"o. Instruction or tutoring, with a gross floor area of two thousand (2,000) square feet or more,
limited to instruction o._.~r tutoring for office occupations, cosmetology, barber or academic
instruction or tutoring, and specifically excluding art, recreational, trade, or industrial
instruction, except a_~s permitted above. *"
By allowing it in the C-1 district, unless specifically addressed or restricted in the C-2 and C-3
districts, the use would then carry forward as a permitted use. It should be noted that the effects
of the subject request, if approved, would be citywide; however, the desired location for the
school is in the Boynton Catalina Center (zoned C-3).
BACKGROUND
Currently, the City's Land Development Regulations do not define cosmetology or beauty
schools. The Florida Department of Education, in Florida Statutes Section 246.203, states the
Page 2
CDRV 01-002
following: "Business, management, trade, technical, or career education" means any instruction
which prepares a person for employment in an occupation ... "(see Exhibit "A").
The State definition of "school", identifies cosmetology schools under the Technical and Trade
School category: The Ctty: s regulatmns include cosmetology schools under a trade category
based upon the North American Industrial Classification System (NAICS) classification (see
Exhibit "B"). Accordingly, cosmetology schools are currently categorized under the trade
category and would therefore be prohibited in commercial districts, but allowed in the M-1, Light
Industrial zoning district, whiCh permits trade schools.
By
C-1 zoning district includes an extensive list of office and
and conditional uses, .which then carry forward as either permitted or
in the C-2, and C-3 zoning districts.
The City's Land Development Regulations Chapter 2, Section 6. A. 1., limits the C-I zoning
district to offices and professi°nal uses; however, the current list does not include cosmetology or
beaut~ schools. The s~ne C-1 district, Section 6. A. 1. (n) permits:
"n. instruction or tutoring, with a gross floor area of less than two thousand (2,000)
square feet, limited to ins~ction for office occupations, or academic tutoring, and specifically
excluding art, recreational, trade, or industrial instruction." and Section 6. B. 1. (o), permits as
a conditional use:
"o. instruction or tutoring,: with a gross floor area of two thousand (2,000) square feet
or more, limited to instruction or tutoring for office occupations, cosmetology, barber or
academic instruction or tutOring, and specifically excluding art, recreational, trade, or industrial
instruction, except as permitted above. *"
Also, Section 6. A. 1. (s) permits: "Barber shops, beauty salons, manicurists, tailors, and
dressmakers. *" as a conditiOnal use in the C-1 zoning district. Furthermore, in the C-2,
Nei~borhood Commercial zoning district, Chapter 2 Section 6. B. 1. (x), permits: "the following
personal and household and services: Barber shop, beauty salons, manicurists, tanning salons,
pet grooming, off-premises carpet and upholstery cleaning, maid service, tailors and
dressmakers." Finally,-in the C-3, Community Commercial zoning district, Chapter 2 Section 6.
C. 1. (a) permits: "Any use permitted in C-1 or C-2 districts, without specific limitation on floor
area." The retail or service aspect of this trade is permitted in these two districts; however, the
respective schools are not permitted.
ANALYSIS.
The applicant has stated in the letter of request (see Exhibit "C ") that the City's provisions are:
"too broadly worded and would create a distinction whereas the cutting of hair and the teaching
of the art of cutting hair would be treated differently". In support of his position, the applicant
indicated that for a zoning ordinance to be valid, there must be a substantial relationship to the
public's general welfare." In this instance, there is no such linkage between the general welfare
n ce b tn,, overl broad Staff understands
and the exclusion of the use caused by the ordi an ~' , y . that
indeed the zoning regulations may ~lso lead to inconsistent interpretation in regard to the
Page 3
CDRV 01-002
relationship between the public's welfare and the allowance of such use.
For comparative pm-'gc~s, staff surveyed local governments to obtain their respective regulations
on cosmetology ~hools. :Of the six (6) jurisdicti'on.~
logy
schools as vocational ~
cate
however, if they charge a
General Commercial, or
in
regulations varies among
described
With respect to comparative parking
street' , ]
vocational schools:
off-
one
or
and
recreation
req
floor area.
# (20)
testing,
oss
The general intent and purpose of the C-1 zoning district is to provide adequate office and
professional uses and serve as a transition zone between the residential and more intense
commercial uses. The minimum lot size for any property in a C-I, Office and Professional
Zoning district to be developed is 9,000 square feet. In contrast, the minimum lot sizes within the
C-2 and C-3 zoning districts are respectively 5,000 square feet and 15,000 square feet, these
zoning districts permit more uses, generate more activities and ~affic, and consequently, require
more parking spaces to meet the intent and purpose of the zoning districts. The C-2 and C-3
districts offer a wider range of uses to serve the entire community..
If the proposed school were to be permitted in the C-1 district, with a minimum lot area of 9,000
square feet with the maximum lot coverage of 40%, parking requirement for school would be 72
spaces. However, if the same 9;000 square feet with the same lot coverage of 40% were to be
used for office/professional uses, parking requirement would, be. 12~ spaces. Therefore,. , allowing. · L.
the proposed use in the C-1 zoning disffict would intensify and tn contrast to tlae charactensucs
and performance of the C-1 zoning district.
RECOMMENDATION
Based on this analysis, staff recommends that this request to amend the city's code to include
Page 4
CDRV 01-002
cosmetology schools in the C-1 zoning district be denied. However, also based on the analysis
contained herein, which identifies the similarity of the proposed use and the C-3 zoning district,
staff recommends~the regulations be amended to allow cosmetology schools as conditional
uses in the C-3, Community Commercial zoning district. Furthermore, staff recommends that this
oppo .rt.u.ni.'ty to amend the code be used to also insert a definition for cosmetology schools. It is
the opinion of staff that this code revision, if approved as requested by the applicant, would have
a certain level of impact on the Citywide distribution of uses within all commercial zoning
districts. Staff further believes that the subject use will not perform similarly, and woUld intensify
activities in the Office/Professional (C-1) and Neighborhood Commercial (C-2) dis~cts. Also,
this alternative, would improve the consistency between the city regulations and those
regulations of other municipalities in Palm Beach County.
Therefore, staff recommends that the Land Development Regulations, Chapter I General
Provisions, ~cle II, Definitions, be amended by adding a definition of Cosmetology and Barber:
Schools based on the North American Industrial Classification System (NAICS), as follows:
"An establishment primarily engaged in offering training in barbering, hair styling, or the
cosmetics, arts, such as makeup or skin care. These schools provide job-specific certification."
It is also recommended that the C,3, Community Commercial district regulations be amended by
adding a new permitted item "gg" to read as follow:
"Cosmetology schools including barbering, hair styling, or the cosmen'cs arts, such as makeup
or skin care, if in conjunction with the delivery of the serVice to the general public on a daily
basis. *"
Staff recommends that this addition be as a conditional use, to allow for case-by-case analysis to
review size and impacts, and site compatibility.
Exhibits
S:~LANNRqG~S~D\WP~ROSECTS\COSMETOIOGY SC HOOL~STAFFP. EPO RT.DOC
ncr
EXHIBIT ',A"
February8,2001
Mr. Jose Alfaro
Planner
Boynton Beach City Hall
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33125
Re: Definition of School
Dear Mr. Alfaro:
The Executive Director, Mr. Samuel Ferguson, has asked that I respond to phone call of
February 8, 2001 concerning the definition of"School". ..
Florida Statutes Section 246.203 States:
(1) "SchOol" means any nonpublic postsecondary non collegiate career educational
institution association, corporation, person, partnership, or organization of any type
that:
(a) Offers to provide or provides any postsecondary program of instruction, course,
or class through the student's personal attendance; in the presence of an instructor,
in a classroom, clinical, or other practicum setting or correspondence or other
distance learning ........
(2) "Business, management, trade, technical, or career education" means any instruction
which prepares a person for employment in an occupation ......
For additional information you can read Sections 246 201 - _46.~ 1, Florida Statutes.
It may be of some help to you, to know that this Board was called the "State Board of
Independent Postsecondary Vocational, TeChnical, Trade and Business Schools" until
1999.
Florida Department of Education
PI. 08, The Capitol
Tallah~see, Florida 32~99-0400
(8S0~ 487-17~5-Phone (8S0~ 4l~-O~7a-Fax
EXHIBIT "A"
Page 2
Mr. Alfaro
February 8, 2001
IfI can be of f-urther service, please call me at (850) 488-9504.
Sinc~y, , //] .
"~ Guery Davi~, Ph.D.
Program ~ecialist
State Board of Nonpublic Career Education
2600 Apalachee Parkway
Tallahassee, Florida 32301
EXHIBIT "B"
622
NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM
61143 Profession~d Management Development Training
See industry description for 611430 below.
611430 Professional and Management Development Training
This industry comprises establishments primarily engaged in offering an array of short duration
courses and seminars for management and professional development. Training for career develop-
ment may be provided directly to individuals Or tixrough employers' training programs; and courses
may be cus;omized or modified to meet the special needs of customers. Instruct, ion may be provided
at the establishment's facilities or at an off"site location, including the client s own facilities.
Cross-References. Establishments primarily engaged in-
- Advising clients on human resource and training issues without providing the training--
are classified in U.S. Industry 541612, Human Resources and Executive Search Consulting
Services; and
· Offering academic degrees (e.g., baccalaureate, graduate level)--are classified in Industry
611310, Colleges, Universities and Professional Schools.
6115 Technical and Trade Schools
61151 Technical and Trade Schools
This industry comprises establishments primarily engaged in offering voc?ionai and technical
training in a variety of technical subjects and trades. The training often leads to job-specific
certiflcadon.
Illustrative Examples:
Apprenticeship training programs
Aviation and flight training instruction schools
Computer repair training
Cosmetology schools
Electronic equipment repair training
Graphic arts schools
Modeling schools
Nursing schools (except academic)
Real estate schools
Truck driving schools
Cross-References. Establishments primarily engaged in-
· Offering courses in office procedures and secretarial and stenographic sk. iHsmare classified
in Industry 61141, Business and Secretarial Schools;
· Offering computer training (except computer repair)--are classified in Industry 61142,
Computer Training;
· Offering professional and management development training--are classified in Industry
61143, Professional and Management Development Training;
· Offering academic courses that may also offer technical and trade courses--are classified
according to the type of school;
US--United States industry only. CAN--United States and Canadian industries are comparable.
When neither US nor CAN appears. Canadian. Mexican. and United States industries are comparable.
http:l/www.ntis.gov/naics
EXHIBIT "B"
EDUCATIONAL SERVICES
623
· Specialt~ ~a~r:~asportadon services wh/ch may also provide flight training--are classificd
in Indusu'y 48121, 'Nonscheduled Air Transportation; and
· Offering registered nursing w~ininggarc classified in Industry 61121, Junior Colleges or
Industry 6113I, Colleges, Universities and Professional Schools.
611511 Cosmetology and Barber $chooIsus
This U.S. industry comprises establishments primarily engaged in offering training in barbering,
hair styling, or thc cosmetic arts, such as makeup or skin care. These schools provide job-specific
certification.
611512 Flight 'lY~ni~g~s
This U.S. industry comprises establishments primarily engaged in offering aviation and flight
training. These establishments may offer vocational ~aining, recreational ~raining, or both.
Cross-References.
EstabEshmcnts primarily engaged in specialty ak transportatioa services wh/ch may also provide
flight training are classified in U.S.I. hdustry 481219, Other Nonscheduled Air Transportation.
611513 Apprenticeship Trainingus
Th/s U.S. industry comprises establishments primarily engaged in offering apprenticeship u'alning
programs. These programs involve applied tra/ning as well as course worP,.
611519 Other Technical and Trade Schoolsr~s
This U.S. industry comprises establishments primarily engaged in offering job or career vocational
or technical courses (except cosmetology and barber training, aviation and flight training, and
apprenticeship ~-~aing). The curriculums offered by these schools are highly su'uctured and special-
ized and lead to job-specific certification.
Illustrative Examples:
Banending schools
Broadcasting schools
Computer repair training
Graphic ars schools
Modeling schools
Reni estate schools
Track driving schools
Cross-References. Establishments primarily engaged ia-
. Offering courses in o~fice procedures and secretarial and stenographic skills--are classified
in Industry 61 I410, Business and Secretarial Sch6ols;
· Offering computer training (except computer repak)--are classified in Industry 611420,
Computer Training;
US--United States industry only. CAN--United Sutes and Canadian indusu%s ~re comparable.
When neither US nor CA2x[ appears, 'Canadian. Mexican, and United States indusuSes are comparable.
http://www, ntis.gov/n aics
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
WEINER & ARONSON, P.A.
ATrORNEYS AT LAW
The Clark House
3.02 North Swinton Avenue
Delray Beach, Flodda 33444
Tete
Telecc
E-mail: delr
265-2666
EXHIBIT'"C"
OF COUNSEL:
ROBERT MARC SCHWARTZ, P.A.
Flodda Bar Board Certified
Real Estate Lawyer
May 15, 2001
Via Hand-Delivery
Mr. Michael W. Rumph
Director of Planning & Zoning
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Flodda 33425
Re.'
Text Amendment Application: Boynton-Catalina, L.P.,
1753 N. Congress Avenue, Boynton Beach, FL 33426
Our File No.: BOYC001
Dear Michael:
I was advised that them is no city prescribed application form pertaining to Text
Amendments. Therefore, this letter with the enclosures is being filed as a formal Text Amendment
request.
Please find enclosed the following:
1. A check in the amount of Two Hundred Fifty Thousand Dollars ($250.00) payable
to the City of Boynton Beach.
2. The applicable text of Section 6.A. 1 .n. and Section 6.A.1 .o. of the Boynton Reach
Zoning Code, wherein the changes are shown with underlining.
We understand that in addition to the filing fee above, there will be a charge for
advertisement of the proposed text change. Please advise us of the cost and we will forward
payment to you.
The reason for the text change is that a tenant of Boynton-Catalina, bP. engages in the
business of operating as a beauty salon and in addition, operates as a school teaching the art of
cosmetology on the same premises. As a result of certain broadly worded provisions which the
proposed text change now amends, the cutting of hair in the zoning distdct and the teaching of the
art of cutting hair in the zoning district would be treated differently. There is no rational relationship
to the protectior ~,., ,,. ........... ~ .... ,,~.~, or a public benefit to be derived by making such a
distinction. ~ ,,,[~
Mr. MiChael Rumph
May 15, 2001
Page 2
EXHIBIT'"C
It is well-settled that a zoning ordinance to be valid must bear a substantial relation to the
public health,, safety, morals or general welfare_ If a zoning restriction exceeds the bounds of
necessity for public welfare, then they may not be sustained. Where there is an exclusion of a use,
there must be a substantial relationship to the general welfare. In this instance, there is no such'
linkage between the general welfare and the exclusion of the use. Accordingly, the ordinance is
overly broad.
Let me point out to you that this change will not affect the zoning plan forthe city. It will not
jeopardize or materially affect this particular zoning district. There are no policies in the
Corn prehensive Plan for the City of Boynton Beach, Florida which mandate that such a distinction
should be made to the contrary. Cosmetology schools provide an affordable alternative to the
community for beauty treatment and assist young people not otherwise college bound to have a
profession.
Please note that these changes are to the C-1 zoning district. The property in question is
actually located within a C-3 zoning district, but any use permitted in C-1 or C-2 districts are allowed
within the C-3 zoning district. Other uses within C-1 zoning districts include funeral homes with
crematoriums, hospitals, nursery schools, day-care centers and other~pre-school activities, and as
conditional uses, restaurants and mini-warehouses. Given the rest of uses within C-1, the teaching
of the a~. of cosmetology would not be out of character With the intended scope and purposeof the
zoning'district. It shoul~ be Dointed out that the State of Florida has its own Board of Cosmetology
authorized by state statute and that pdvate schools of cosmetology are supervised by the State
Board of Non-Public Career Education.
'It is well-recognized in the State Of Florida that one's right to devote his real estate to any
legitimate use is properly within the protection of the Constitutions of the United States and Florida.
Zoning codes should not im pose restrictions which are unnecessary or unreasonable u pon the use
.of pdvat~ property or the pursuit of usable activities. An action imposing restrictions on private
property must be kept within the limits of necessity for the public health, morals, safety or general
welfare. Accordingly, under these standards, we believe that the recommended zoning change
should be approved.
I am confirming with you that this letter and the submissions with it are sufficient for the
BPurp°ses of placing this particular item before the P arming. & Zoning Board for the City of Boynton
each on June 26, 2001 and before the City Commission of Boynton Beach on July 3, 2001.
PLAN:~.I~G ANO
Mr. Michael Rur~ph
May' 15, 2001
Page 3
C:
I~ou should need anything further from the undersigned, please do not hesitate to contact
V rs, \
s.. Weiser/
M~:~ / '
Enclosures
CC:
Boynt0n-Catalina, L.P. (w/enclosures)
Richard L. Allen, Esquire (w/enclosures)
Alan J. Ciklin, Esquire (w/enclosures)
\\NtserveAwork\BOYC001\LetterRumpf. Mayl0.wpd
-2.
!"'¢":'"" i 5 28Ci
EXHIBIT "C"
n. Instruction or tutoring, with a g ross floor area of less than two thousand
(2,000) square feet, limited to instruction o~ tutorinq for office occupations, cosmetoloqy,
barber or academic instruction o~tutoring, and specifically excluding art, recreational, trade
or industrial ins-~r~tfon, except as p_..~.rmitted above.
o. Instruction or tutoring, with a gross floor area of two thousand (2,000)
square feet or more, limited to instruction o~ tutoring for office occupations, cosmetoloq¥,
barber or academic instruction or tutoring, and specifically excluding art, recreational, trade
or industrial instruction, except a...~s permitted above.
\\Ntserver~work\BOYCO0 l~,ddition.wpd
Requested City Commission
Meeting Dates:
[-
· ~ July 17, 2001
~ August 7, 2001
[] August 21,2001
[] September 4, 2001
XII,- LEGAL
ITEH A.3
CITY OF BOYNTON BEACtI
AGENDA ITEM REQUEST FOI ,
Date Final Form Must be Turned
m to City Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00p.m.)
August 8,200l (5:00 p.m.)
August 22,200l (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October 2, 2001
[] October 16, 2001
[] November 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans --c:~ 2-<
[] Consent Agenda [] New Business c---
[] Public Hearing [] Legal t
[] Bids [] Unfinished Business crt _.!
[] Announcement [] Presentation ~~
[] City Manager's Report ~
RECOMMENDATION: Firefighters Pension Buyback Ordinance.
EXPLANATION: Enables Firefighters to purchase prior service with another jurisdiction or prior military service at
no cost to the City and no cost to Firefighters' Pension Fund. The firefighter purchasing the service bears the FULL
actuarial cost.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: N/A
Department Head's Signature
Pension Administration
Department Name
~S~gnature
-City A~r~y / Finance / Human Resources
S:~4~ULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC
ORDNANCE NO. 01- '4 b
AN ORDINANCE OF THE CITY COMMISSION OF
-~- -_._=~- THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 18, ARTICLE IV, PENSIONS
FOR FIREFIGHTERS, CREATING A NEW SECTION
18-190 MORE
THAN FIVE ~
FORCES OR AS
PROVIDING
CODIFICATION, AND,
DATE.
WHEREAS, THE City OF Boynton Beach; Florida presently has a retirement
dan and trust fund for firefighters;and
WHEREAS, the City of Boynton
Beach, Florida, wishes to recognize the
fie service of its firefighters who have been members of the United States Armed
or who have served as firefighters in other jurisdictions and who have served the
Beach for the necessary time to earrra normal retirement; and
WHEREAS, past service and military buyback is authorized under Section
175.032(4), Florida Statutes; and
WHEREAS, the Board of Trustees of the Firefighters Pension Trust Fund has
passage of this Ordinance; and
WHEREAS, the City Commission finds that the passage of this ordinance is in
interest of the firefighters and the citizens of the City of Boynton Beach;
NOW, TItEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Chapter 18, Article IV, Pensions for Firefighters is hereby
amended by creating a new section 18-190, as follows:
18.190. Purchase of Military/Fire Service Credit
upon entry into the Plan, members shall be permitted' to
purchase up to an additional five (5) years of credited service
based upon (i) service as a full-time firefi~hter employed by a
city_, county, state, federal or other public agency or (ii) military_
service in the Armed Forces of the United States. Temporary,
auxiliary, reserve, volunteer or private agency service shall not
apply. Service credit purchased under the provisions of this
section shall not count for vesting purposes.
Prior service shall not be granted until the member has paid to
the Pension Fund the actuarial cost of the service purchased, as
determined by the actuary for the Plan. Members purchasing
service credit shall provide the Board of Trustees with proof of
prior service with honorable separation. No service credit may
be purchased if the member is receiving or will receive any
other retirement benefit based on this service. The Board shall
establish a uniform rule for the implementation of this
provision.
The contribution by the member of the-a~tuariall¥ determined
cost of the buyback may be made in one lump sum or may be
made by payroll deductions in installments for a period of time
which shall not exceed the number of years being purchased.
A member electing to make installment payments shall be
charged interest based on the actuarially assumed rate of return
for the Plan. A member making installment payments shall
complete all required payments prior to payment of any benefit
under this section.
A member who terminates service prior to..vesting in the Plan
shall be entitled to a refund, without interest, of all money paid
to buyback prior military_ or fu'e service.
Section 2. Each and every other Section of Chapter 18, not herein specifically
shall remain in full force and effect as previously enacted.
Section 3. All ordinances or parts of ordinances in conflict herewith be and
the Same a~e hereby repealed.
Section 4. Should any section or provision of this ordinance or portion hereof,
my para~'a~ph, .sentence or word be declared by a court of competent jurisdiction to be
invalid,~ such decision shall not affect the remainder: of this ordinance.
Section 5, Authority is hereby granted to co~fy said ordinance.
Section 6. This ordinance shall become effective immediately upon passage.
FIRST READING this
SECOND~ FI1N~ READING AND PASSAGE this day of August, 2001.
CITY OF BOYNTON BEACH, FLORIDA
Commissioner
Commissioner
[TTEST:
Commissioner
City Clerk
ROBERT D. ]~LAUSNER. P.A.
ATTORNEY5 AT _AW
10059 NOF~THWEST IST COUI~T
PLANTATION. FLORIDA 333~4
tEL {954} 916-i~0~
FAX: (954)
Website: www.robertdklausner.com
Writer's e-mail: bob~robertdklausner.com
June 26, 2001
Mr. Kurt Bressner
City Manager
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33425-0310
Re:
Firefighter Pension Buyback ordinance
Our File No. 90-0334
Dear Mr. Bressner:
Enclosed please find a proposed military and prior service buy-back
ordinance for the Firefighters Pension Plan. In consultation with the
Plan's actuary, the Firefighter Pension Board has drafted the ordinance to
permit members to purchase upto five years of prior full-time firefighter
service with another jurisdiction or prior military service. Since a
member electing to purchase the requested service will be required to bear
the full actuarial cost, the ordinance will not have any financial impact
on the City or the Pension Plan.
You will also note that service credit purchased under the ordinance does
not count for vesting purposes and should not have any negative effect on
turnover for the membership of the Plan. Finally, the ordinance does not
permit the purchase of service credit if the member is receiving or will
receive any other retirement benefit based on the prior service. As such,
the ordinance meets the requirements of Chapter 175, Florida Statutes.
ThE Firefighter Pension Board has reque-~d that the enclosed ordinance be
placed on the next available City Co~fl~ss~on agenda. Should you have any
questions or comments, please feel/free/~o c~
//~in~rel~ ' .~"~ /.~~/~
cc: Mike Smollon, Chairman
Barbara LaDue, Administrator
Jim Cherof, City Attorney
GABRIEL. ROEDER, SMITH & COMPANY
ConSultants & Actuaries
301 East Las Olas Blvd. · Suite 200 · Ft. Lauderdale, FL 33301 · 954-527-1616. FAX ~
June 27,2001
Board of Trustees
Boynton Beach Firefighters
Pension Trust Fund
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Re: Buy Back Ordinance
Dear Trustees:
We have reviewed the proposed ordinance that would permit members to purchase up
to five years of military or prior firefighter service. Because the member opting to buy
such service would be required to pay the full actuarial cost, passage of the ordinance
will not have an actuarial impact on the Plan.
We welcome your questions and comments.
Sincerely yours,
JSP/or
cc: Adam Levinson
Requested City Commission
Meeting Dates ~-~
[] July 17.2001
[] August 7, 2001
[] August 21,2001
[] September 4, 2001
XII. - LEGAL
ITEM A.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18,-2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October 2, 2001
[] October 16, 2001
[] November 6.200l
Date Final Form Must be Turned
in to City Clerk's Office
September 5.2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Place approval of an ordinance amending Chapter 23 of the Land Development Code providing
for separate Parking lot standards for the Community Redevelopment Area on the August 7, 2001 agenda under Legal Second
Reading. This draft ordinance was approved by the Board of the Community Red?elopment Agency at its meeting on July
10, 2001, and by the City Commission on First Reading on July 17, 2001.
EXPLANATION: The Community Redevelopment Area generally encompasses a portion of the older eastern part of the
city where the physical character, including densities, lot sizes, and the amount of vacant land differs from the more westerly
parts of the city. The City's development standards in general, and the parking lot standards in particular, generally reflect
the suburban character of the westen part of the city rather than the more urban character of the CRA area. Given the impact
that parking lot standards have on potential redevelopment in the CRA area, a separate standard for parking lots in the CRA
area is considered appropriate. The standard proposed by this ordinance is entirely consistent with a generally accepted
national standard identified by the Urban Land Institute and the National Parking Association.
PROGRAM IMPACT: A more development, friendly parking lot standard that is consistent with what exists in similar
communities around the country.
FISCAL IMPACT: N/A
ALTERNATIVES:
of the city.
A single citywide parking lot standard that ignores the different character or conditions in different parts
City Manager's Signature
Department of Development
Department Name
City A~e~ Finance / Human Resources
S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
ORDINANCE 01- q '7
AN ORDINANCE OF :THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING CHAPTER 23 OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF BOYNTON BEACH,
FLORIDA, PROVIDING FOR SEPARATE P~G LOT
STANDARDS FOR THE COMMUNITY
REDEVELOPMENT AREA; PROVIDING FOR
SEVERABILITY, CONFLICTS, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission by Resolution No. 81-SS and Ordinance 83-41
:reared the Community Redevelopment Agency to eliminate conditions of blight and
>romote economic growth and development; and
WHEREAS, such economic growth and development aids the City and is a benefit to
he public because it provides jobs for the residents of the City, increases the ad-valorem tax
~ase of the City, and provides income for residents of the City; and
WHEREAS, the structural age, lot sizes, amount of vacant land, densities and
~hysical character of the Community Redevelopment Area is generally different from that of
xhe rest of the City; and
WHEREAS, the economic growth and development of this area requires a
:ecognition of its different physical character; and ::
WHEREAS, typical suburban development standards do not recognize this difference
Ln character or allow for the density of development necessary to promote growth and
levelopment in the Community Redevelopment Area; and
WHEREAS, parking lot standards are one of the elements that have an impact on
rowth and development in the Community Redevelopment Area;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
I'HE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
~erein by this reference.
Section 2. Chapter 23, of the Land Development Regulations of the City of
Bo.ynton Beach is hereby amended as follows:
Sec. 2. Scope.
Except within the Community Redevelopment Area boundaries, these regulations
rhall be applicable to all permanent parking lots constructed or reconstructed in the city.
Article II. Required Improvements.
Parking lot layout
~nensions. Parla'ng lots shah be designed to meet or exceed the dimensional
requirements for stalls, driveways and access aisles as provided in city standards.
Separate city. standards shall apply, in ?he Communit3, Redevelopment,4rea
boundaries and said stamtards shall be in a separate document and shall be
known as "City Parking( Lot Standards for the Community Redevelopment Area-"
as shown itt Attachment "A"
Section 3. Should any section or provision of this ordinance or portion hereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this ordinance.
Section 4. Authority is hereby granted to codify said ordinance.
Section 5. This ordinance shall become effective immediately upon passage.
FIRST READING this 17 day of July, 2001.
SECOND, FINAL READING AND PASSAGE this
day of August,
C~Y OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
CommisSioner'
ATTEST:
Commissioner
City Clerk Commissioner
LAP:is
Parking Lot Standards docu x ~ nno~non,I ~o
\'UGCDE FS\L1B [:L4.RY\1998\980465\CRA ..............................
ATTA~ A
City Parking Lot Standards for the Community Redevelopment Area
The following standards shall apply to parking stalls for ail automobile vehicle classes:
The standard parking Stall length shall be eighteen feet (18'-0")'
The standard 'access aisle width for 90 degree parking shall be twenty-four feet (24'-0")
The standard double loaded parking module shall be sixty feet (60'-0")
Parldng Module
18' 24' 18'
11
10
8
7
S~u~: Barton-Aschman Associates, Ina
Requested City Co _m?'ss~o~n_
Meeting Dates'
[] July 17, 200l
[] August 7, 2001
[] August 21,2001
[] September 4, 200l
XlI. - LEGAL
ITEN B.1
CITY OF BOYNTON BEACH
AGENDA ITEM QUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
July 5,:2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00 p.m.)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19, 2001
[] October 2, 2001
[] October 16, 2001
[] November 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Please place this item on the August 7, 2001 City Commission agenda under Legal, =
Ordinances-First Reading. The subject ordinance has been drafted by staff and is to amend the Land
Development Regulations, Chapter 2. Zoning, Section 11.1 (C) Non-conforming Lots. This amendment will
increase the developability of originally platted, 50-foot wide lots for single~mily homes by reducing the criteria for
non-conforming status to only require that an eligible lot be platted prior to this amendment, and that the lot have a
minim~ rn frontage of 50 feet and minimum area of 5,000 square feet. These two criteria are currently included as
part of the criteria for being a non-conforming lot; however, the amendment wOuld eliminate the requirements
ncluding the land assemb age and single lot ownership tests.
EXPLANATION: At present, the only way a non-conforming lot can be eligible for development is if it meets all the
the following criteria:
1. The parcel must contain at least one (1) whole platted lot;
2. The parcel must have lot frontage of not less than 50 feet and a minimum area of 5,000 square feet;
3. Property cannot be acquired from adjacent parcels so as to make the subject parcel/structures thereon to
become non conforming or more non-conforming;
4. Applicant cannot own adjacent substandard parcels which could be combined to meet the minimum lot
requirements of the underlying zoning regulations;
5. If multiple adjacent parcels are owned by the same person, only one of the substandard parcels can be
developed; and
6. The subject parcel must have been owned by the applicant prior to the effective date of the current
regulations, which is February, 1978.
This cr
owned
asseml
realize~
develol
platted
costs a
teria, and in particular item #6 above, is so restrictive that it only applies to those individuals who have
a substandard lot since at least 1978. Although the intent of the city was to require that these lots be
)led and developed in accordance with the regulations of the underlying zoning district, the affect, which is
I today during a period of high demand for affordable single family housing, is to prevent the out-right
)ment of these lots without a variance. It should be noted that heady all variance requests for originally
lots of this size are approved. Despite the favorable outcome of these requests, the variance process adds
~d time to a process which is sensitive to both factors.
S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
Since the implementation of the City of Boynton Beach's AffOrdab e Hous ng Program, the city has built numerous
homes on non conforming lots located within the area. Net ; required variances as the
properties did not meet:th~ minimum '
consi
currently existing in the subject area.
The C ty of Boynton Beach receives annually anywhere from $300,000 to $450,000 from the State Housing
Initiative Partnership (SHIP) Program, to assist with the affordable hoUsing program. As a result, we were
required to Write and adoPt a Loca Hous ng Assistance Plan that would outline the strategies the City of Boynton
Beach would use to mplement this program. One of the goals that the state encourages is the relaxation of land
development regu ations that do not support affordable %w houSing.
If these non conforming lots which are usua y located within the target area. are not allowed to be built on, there is
an increased chance that the city's effort to elim nato slum.and blight Will be severely crippled. In addition, the city
may have some legal exposure from the perception that its actions have the effect of denying individuals the right
to any use of their property.
AiSc supporting the proposed amendment, is Policy 6.3.12 found in the Housing Element of the 1989 City of
Boynton Beach Comprehensive Plan. This policy specifically requires that the City amend the zoning ordinance to
allow Construction on non-conforming residential lots if the resulting development provides well-designed housing
that is compatible with the neighborhood. The proposed ordinance is consistent with the policy, furthers the intent
of the Comprehensive Plan, and s the m nimum action required for implementing the policy.
Data is currently being assembled that both indicates the: past record of approvals of ~elated variance requests
and existence of the remaining lots that Would fit the pro%sed criteriai T~e remai.ning lots are clustered within that
port on of {he Community RedeveloPment Area south of the Boynt°n (O-16) Canal and north Boynton Beach
Boulevard. This information will be available prior to the Commission;~ regieTM of the Subject Ordinance.
PROGRAM IMPACT: Proposed amendment furthers state and local housing initiatives and: implements the
city's Comprehensive Plan.
FISCAL IMPACT: n/a
ALTE RNATI~v~ modify
D eve~'0~rr~e~t I~,'ep~-~n ~n'[~ irector
subject ordinance.
I- ~fy Man~ager s Signature
: C ty Attor '?leinance Human Resou
Planning &Zonin~ ~ector Iots~Agenda Item Request Forg:y 17th.d~c.dot ' n~ / rces
S:\Planning~SHARED\WP~SPECP ROJ~Regulat~ons\Non-conforming
S:'~BULLET1N~ORMS'u~GENDA ITEM REQUEST FORM.DOC
ORDINANCE NO. O1-
AN ORDINANCE OF THE CITY COMMISSION OF
._ THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING LAND DEVELOPMENT REGULATIONS,
CHAPTER 2. ZONING, CHAPTER 11.1 SUBSECTION
C. NONCONFORMING USES AND STRUCTURES, TO
'~ ~'-~- PROVIDING FOR A REDUCTION IN THE
REQUIREMENTS APPLICABLE TO
NONCONFORMING LOTS; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, Chapter 11.1 C. of the Land Development Regulations sets forth the
regulations that govern nonconforming uses and structures within the City of Boynton
Beach; and
WHEREAS, staff has recommended changes to this Section of the Code to (1)
~romote the right to develop originally platted lots; (2) support and implement policies
md programs related to the construction of affordable housing; and (3) encourage infill
development and removal of undeveloped and blighted properties from the landscape.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now
ratified and confirmed by the City Commission.
Section 2. That Chapter 2. Zoning, Section 11.1, subsection C, is hereby
amended by adding the words and figures in underlined type and by deleting the words
and figures in struck-through type, as follows:
C. NONCONFORMING LOTS.
1. a detached single-family dwelling may be constructed on any parcel
located in a R-l, R-1 A, R-2 or R-3 district provided that it meets all of the
following requirements:
was platted prior to the effective date of the adoption or
amendment of these zoning regulations;
b. . The parcel has a fi'ontage of not less than fifty (50) feet, and a lot
area of not less than five thousand (5,000) square feetl (irregular,
other than rectangle-shaped tots with less than 5,000 square feet of
area may be developed if in conformance with all other lot
regulations;
Section3. Each and every other provision of the Land Development
Re~.tlations not herein specifically amended, shall remain in full force and effect as
originally adopted.
Section 4. All laws and ordinances applying to the City of Boynton Beach in
:onflict with any provisions of this ordinance are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 6. Authority is hereby given to codify this Ordinance.
Section 7. This Ordinance shall become effective immediately.
FIRST READING this day of July, 2001.
SECOND, FINAL READING AND PASSAGE this day of
August, 2001.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
Ca/ordinance~lflr/Amending LDR Chap~r 2 zoning -Section 1 I.IC
Requested City Commission
Meeting Dat~-
July 17, 2001
[] August 7, 2001
[] August21,2001
[] September 4, 2001
XlII-UNFINISHED BUSINESS
ri'EH A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORS.
Date Final Form Must be Turned
in to City Clerk's Office
July 5, 2001 (5:00 p.m.)
July 18, 2001 (5:00 p.m.)
August 8, 2001 (5:00p.rm)
August 22, 2001 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] September 19,2001
[] October 2, 2001
[] October 16, 2001
[] November 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
September 5, 2001 (5:00 p.m.)
September 20, 2001 (5:00 p.m.)
October 3, 2001 (5:00 p.m.)
October 17, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Repoxt
RECOMMENDATION: Approve the Amended Guidelines for Distribution of Community Investment Funds to allow
contributions to city administered and operated scholarship funds.
EXPL~NATION: The City Commission deems it appropriate to amend the Guidelines for Distribution of Community
Investment Funds to allow contributions from the Fund to city run and administered scholarship programs and to include them
as an eligible project under the Guidelines.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Department Head's Signature
City Manager
Department Name
City Manager's Signature
City Att(~/Finance / Human Resources
S:XBULLETINXFORMSh~.GENDA ITEM REQUEST FORM.DOC
RESOLU'I'ZON NO. R 0,/-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING AN
-~--~-: AMENDMENT: TO THE GUIDELINES
OF COMMUNITY INVESTMENT FUN[ ) PROVIDING
AN EFFECT[YE DATE.
WHEREAS, there was included in the City of Boynton Beach Budget for
Fiscal Year 2000-0:[ the sum of $:[25,000 in Community Investments Funds, for
distribution by the City Commission in support of community projects and activities;
and
WHEREAS, the City Commission approved and adopted Guidelines for
distribution of these Community Investment Funds; and
WHEREAS, the City Commission of the City of Boynton Beach now desires to
imend the Guidelines for Distribution of Community Investments Funds to include
:ontributions to City administered and operated Scholarship Programs as an eligible
project; and
NOW, THEREFORE, BE IT RESOLVED BY THE Gl'DY COMMISSION OF
THE CITY OF 13OYNTON BEACH, FLORIDA, THAT:
Section :[. The foregoing "WHEREAS" clauses are true and correct and
~ereby ratified and confirmed by the City Commission
Section 2. That the City commission of the City of Boynton Beach does
hereby approve the Amended Guidelines for DistribuUon of Community Investment
Funds, to include contributions to scholarship programs as an eligible project, said
amended Guidelines being attached hereto as Exhibit "A".
Section 3. That this Resolution shall become effective immediately upon
)assage.
PASSED AND ADOPTED this ~ day of August, 200;L
C~'Y OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
City Clerk
)rate Seal)
:ca\Reso\Legis\Guidetine~ for Comm Znvestment Funds07:~401
Amended Guidelines for Distribution of Community Investment Funds
Introduction: Included in the City of Boynton Beach Budget for Fiscal
2000-01 pr~am year is $125,000 in Community Investment Funds. The
funds are"~i~:~'lable to each of the five members of the City Co~ssion. in
the amount of $25,000 to support community projects and activities. This
report will suggest basic guidelines for the distribution and use of these
public funds for community projects or activities.
· Program Eligibility Period: October 1, 2000 to September 30, 2001
· Amount available to each member of the City Commission: $25,000
broken into two eligibility periods:
October 1, 2000 to February 28, 2001 - maximum of $12,500
March 1, 2000 to September 30, 2001 - maximum of $12,500
plus any carry-over from prior six month period.
The purpose of the two eligibility periods is to assure funding
opportunities to outgoing and incoming members of the City
Commission based on the March 2001 election.
Eligible projects may consist of assistance to local community
organizations for physical improvements to public property or public
rights of way such as parks, medians or other City-owned property. The
assistance may be in outright grants to support improvements to public
property or on a cost-sharing basis with local organizations. Before
funding, the proposed improvements must receive necessary permits,
staff review for compatibility with design plans or capital construction
plans and must be approved by the City CommiSsion by motion on the
Consent Agenda. Eligible projects shall also include contributions to
scholarship programs which are City administered and operated, and
open only to students who reside within the City limits of the City of
Boynton Beach.
Ineligible projects include direct financial support or gifts to individuals,
businesses, or associations including funding of any operational
activities, with the exception of contributions to scholarship programs as
outlined above. Funds may not be used to support or otherwise
subsidize the operational expenses of City Departments.
KB: 11/10/00, 11/21/00, 11/23/00, Rev.07/24/01
o ~_>~o
~u-- z z
~ ~ °
01~ CZ
~ ~'°
~ ~ CI
m
~z~
0 ~>~0
~Z~
0
~>z~<
~ q ~ ~ ~ ~ Iii
6~ ~-' z
~m~zo
~m
· z~z~
< "~~z