08-02-94 Regular
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. DUR,n Bf.\CH
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ~
AII.America City
AUGUST 2. 1994 - 6:00 P.M.jpUBLIC HEARING 7:00 P.M. , , II I '
. COMMISSION CHAMBERS
The City shall furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal opportunity
to participate in and enjoy the benefits of a service, program, or acti-
vity conducted by the City. Please contact Doug Randolph 243-7127
(voice) , or 243-7199 (TOO) , 24 hours prior to the program or activity in
order for the City to reasonably accommodate your request. Adaptive
listening devices available for meetings in the Commission Chamber.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations) . The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2 . SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3 . ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further to the Commission unless
permission to continue or again address the Commission is granted by
majority vote of the Commission member present.
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City Commission
Regular Meeting
8/2/94
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at this meeting
or hearing, such persons will need a record of these proceedings, and for
this purpose such persons may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. The City will neither provide nor
prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Plag.
4. Agenda Approval.
Action: Motion to Approve.
/5. Approval of Minutes:
Special Meeting of July 12, 1994
Regular Meeting of July 19, 1994
/6. Proclamations:
A. Health Unit Coordinator Day - August 23, 1994
/7. Presentations: (j.).O 0 'CO 13'1 rn ;;<.jo,e )
fJk ~ rnfh/7 5re.Et::r fJt=o8enm
A. Tennis Center Phase III Design - Digby Bridges Marsh &
Associates
8. Consent Agenda: City Manager recommends approval.
/A. RESOLUTION NO. 61-94: Approve a resolution assessing costs for
abatement action required to remove nuisances on six properties
throughout the City.
h. FINAL PLAT APPROVAL/THE ANTILLES: Approve the final plat for
The Antilles, a proposed twelve unit townhouse development to
be located at the southeast corner of Venetian Drive and
Miramar Drive, subject to receipt of a financial guarantee for
all public improvements.
.,/C. GRANT APPLICATION/STATE OFFICE OF EMERGENCY MEDICAL SERVICES:
Approve submittal of a grant application to the State Office of
Emergency Medical Services for funding support to purchase an
Automatic Advisory Defibrillator for use by the Beach Ocean
Rescue Divisjon. This is a 75%/25% matching grant, with the
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City Commission
Regular Meeting
8/2/94
City's share ($2,341.25) to be funded from FY 94/95 Parks and
Recreation Beach Operating Budget - Other Equipment (Account
No. 001-4123-572-64.90).
D. vlAGREEMENT WITH GROVES OF DELRAY, LTD. FOR FUNDING OF WATER MAIN
INSTALLATION: Approve an agreement with Groves of Delray, Ltd.
relative to funding of water main installation within S.W. 10th
Avenue and S.W. 11th Street.
EO'tP;tHANGE IN TERMINATION LANGUAGE/CONTRACT WITH WOODGRAPHICS, INC.
Qe~o~~ - GOLF COURSE TEE SIGNS: Approve a change in the termination
(l~ Cofl CI.~' language to the proposed contract with Woodgraphics, Inc. for
~. q.r new tee signs at the municipal golf course.
F. RESOLUTION NO. 62-94/CONGESTION MITIGATION AND AIR OUALITY
(CMAO) FUNDING: Approve Resolution No. 62-94 supporting the
continuation of congestion mitigation and air quality (CMAQ)
funding for air quality maintenance areas.
G. AWARD OF BIDS AND CONTRACTS:
1. Contract Award - Construction of a generator enclosure
building at the southwest corner of City Hall - to Five
Star Construction, Inc. - in the amount of $26,303.40,
with funding from General Construction, Miscellaneous
(Account No. 334-6111-519.62-10), through budget transfer
from General Construction, Renewal and Replacement
(Account No. 334-6112-519.62-10).
2. Emergency Purchase - Upgrades to Existing Pumps - to
Southeastern Pump Corporation (sole source) at a total
cost of $15,389.00; with funding from Master Sewage Lift
Station - Building (Account No. 447-5166-536-60.31),
through budget transfer from 1991 Water and Sewer Bond
Interest Earnings (Account No. 447-0000-361-10.00).
H. CONTRACT AWARDS AND ARCHITECTURAL AGREEMENT/HISTORIC MARKER AT
JAMES/BRIGHT PARK: Award contracts to Alpha Ultra Inc. for
Phase I in the amount of $16,270.00 and to Palmeri Construction
Co. for Phase II in the amount of $15,590.00, and approve
agreement for architectural services with EDRC Architect, Inc.
in the amount of $1,200.00; for services in conjunction with
the upgrading of the B. J. James & F. J. Bright Park Historic
Marker located on N.W. 5th Avenue; with funding from Community
Development - Recreation Improvements (Account No.
118-1962-554-63.40) .
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting the actions and decisions made by
the Planning and Zoning Board, Site Plan Review and Appearance
Board and the Historic Preservation Board during the period
July 18 through July 29, 1994.
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City Commission
Regular Meeting
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~. BID AWARD/MUNICIPAL GOLF COURSE: Consider award of a general
construction contract to O'Connor & Taylor, Inc. in the amount
of their base bid of $1,567,995.00, plus acceptance of bid
alternates #2, 3, Sa, 7 and 8 (for an additional $6,230.00),
for a total construction cost of $1,574,225.00 for the
construction of a new Golf Course Clubhouse; with funding from
Golf Course Clubhouse - Building (Account No. 445-4763 -572-
62.10) .
'-1. Bid Award - Demolition of Golf Course Clubhouse and Pro
Shop - Cushing Demolition in the amount of $13,000.00;
with funding from Municipal Golf Course - Buildings
(Account No. 445-4763-572-62.10).
/2. Bid Award - Crowd Pleaser /Bathroom Trailer Rental - G. E.
Capital in the amount of $18,900.00 for one year; with
funding from Golf Course Restaurant - Other Rental
(Account No. 445-47~572-44.90).
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C. CONDITIONAL USE APPROVAL/THE ENCLAVE AT THE HAMLET: Consider a
request for conditional use approval to establish single family
detached residences in a zero lot line development on property
zoned RL (Low Density Residential). The subject property is
located on the north side of Greensward Lane within The Hamlet
and contains 2.76 acres.
D. LAKEVIEW GOLF COURSE ACQUISITION OFFER: Consider making an
offer to acquire the Lakeview Golf Course.
~ SERVICE AUTHORIZATION NO. 19/HAZEN AND SAWYER. P.C.: Consider
approval of Service Authorization No. 19 in the amount of
$68,507.00 (plus $20,000.00 for additional services if
authorized by City Manager) to the contract with Hazen and
Sawyer, P.C., for consulting engineering services in
conjunction with the master plan project to increase high
service pumping capacity at the North Reservoir; with funding
from 1993 Water & Sewer Bond - North Reservoir High Service
Pumps (Account No. 440-5179-536-64.30).
V CHANGE ORDER NO. 2 /MOLLOY BROTHERS. INC.: Consider Change
Order No. 2 in the net add amount of $20,042.50 and an
extension of ten calendar days to the contract with Molloy
Brothers, Inc. for the construction of additional parking at
Veterans Park, miscellaneous restriping of existing parking lot
for ADA compliance, and asphalt leveling/overlay of N.E. 1st
Street; with funding from Decade of Excellence Phase I -
Redevelopment/Veterans Park (Account No. 225-4126-572-61.63).
~ TERMINATION OF CONTRACT WITH T&B EOUIPMENT COMPANY. INC:
Consider termination of the contract with T&B Equipment
Company, Inc. for temporary bleachers at the Tennis Center.
rH\ CHANGE ORDER NO. 3/CHAZ EQUIPMENT CO.. INC.: Consider add
\:! Change Order No.3 in the amount of $24,937.35 and an increase
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City Commission
Regular Meeting
8/2/94
in the contract time of five calendar days to Chaz Equipment
Co. , Inc. for the replacement of 381 linear feet of gravity
sanitary sewer and appurtenances in Alley Block 78; with
funding from CBD Alleyways Phase II - Renewal and Replacement
(Account No. 442-5178-536-61.47) , pending budget transfer.
(p. REJECTION OF BIDS/CITY HALL NORTH WING HURRICANE SHUTTERS:
Reject all bids submitted on the City Hall North Wing Hurricane
Shutter project since they are in excess of available funds.
J. TELECOMMUNICATIONS BILLS/USE OF RIGHTS-OF-WAY: Consider
sending letters of objection to telecommunications bills
pending in the U.S. House of Representatives and the U.S.
Senate.
K. APPOINTMENT TO THE PARKING MANAGEMENT TEAM: Approve the
appointment of Janet Onnen to the Parking Management Team as
DDA Area (land or business owner) representative.
L. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint four
(4 ) members to the Planning and Zoning Board for two-year terms
beginning September I, 1994, and ending August 31, 1996.
M. APPOINTMENTS TO SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint
four (4 ) members to the Site Plan Review and Appearance Board
for two-year terms beginning September I, 1994, and ending
August 31, 1996.
N. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint four
(4 ) members to the Historic Preservation Board for two-year
terms beginning September 1, 1994, and ending August 31, 1996.
O. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint three (3)
members to the Board of Adjustment for two-year terms beginning
September I, 1994, and ending August 31, 1996.
P. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint
five (5) members to the Board of Construction Appeals for
two-year terms beginning September I, 1994, and ending August
31, 1996.
10. Public Hearings:
~ TRANSMITTAL HEARING/COMPREHENSIVE PLAN AMENDMENT 94-2:
Authorize transmittal of Comprehensive Plan Amendment 94-2 to
the Florida Department of Community Affairs for review.
Specific direction is requested on the following:
~ ~. FUTURE LAND USE MAP AMENDMENT/ROCKLAND SUBDIVISION: A
proposed amendment to change the land use designation from
County LR-3 (Low Density Residential - 3 units/acre) to
City Medium Density Residential (5 - 12 units/acre) .
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City Commission
Regular Meeting
8/2/94
(]) FUTURE LAND USE MAP AMENDMENT/LEE PROPERTY: A proposed
amendment from County MR-5 (Medium Density Residential - 5
units/acre) to City Low Density Residential (0 - 5
units/acre) .
CD SILVER TERRACE REDEVELOPMENT AREA: A proposed amendment
to the description of the Silver Terrace Redevelopment
Area in the text of the Comprehensive Plan to allow for
aggregation and redevelopment under the auspices of a CRA.
W FUTURE LAND USE MAP AMENDMENT/S.W. 10TH STREET AREA: A
proposed amendment to change the land use designation from
Transitional to Commerce.
@ ORDINANCE NO. 58-94: An ordinance amending Section 90.02,
"Abandonment of Property or Wrecked or Inoperable Motor
Vehicles on Public Property" , of the City's Code to provide
that enforcement officers be authorized to administer the
provisions of this section.
B Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
@. City Manager's response to prior public comments and inquiries.
@) From the Public.
12. First Readings:
(~ ORDINANCE NO. 59-94: An ordinance annexing a 1.07 acre parcel
known as The Boys Farmers Market (north parcel) , providing for
small scale land use plan amendment, and establishing initial
zoning of GC (General Commercial) . The subject property is
located on the east side of Military Trail, approximately 2,100
feet north of Atlantic Avenue. If passed, public hearing
August 16, 1994.
~ ORDINANCE NO. 60-94: An ordinance amending Chapter 52,
"Water" , Section 52.39, "Other Fees II , by enacting a new
Subsection 52.39(1), "Fee for Maintenance of Improvements
Within Right-of-Way", to provide for an additional fee to
customers for the installation and long term maintenance of
irrigation systems and improvements within the adjacent
right-of-way. If passed, public hearing August 16, 1994.
13. Comments and Inquiries on Non-Agenda Items.
A. Commission
B. City Attorney
C. City Manager
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CJTY OF l1E1RRY BER[H
OElRAY BEACH
~ ~, .-, .- - , _-" -~ ,.~' ~.l~l
AII.America City
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WHEREAS, the role of the Heal th Uni t Coordinator
has become significant in the non-clinical area of health
care; and
w"HEREAS , the importance of this non-clinical
aspect of Nursing Care is emerging as a fundamental
function; and
WHEREAS, the National Association of Health Unit
Coordinators established itself in August 1980; and
WHEREAS, said organization has established a
constitution, including a Code of Ethics and Standards of
Practice; and
WHEREAS, an annual certification examination based
on a national job analysis for competency is administered
nationwide; and
WHEREAS, the primary function of the National
Association of Health Unit Coordinators is ensuring high
quality education for this developing profession; and
WHEREAS, the competencies for certification and
school registries are published and reviewed on a regular
basis; and
WHEREAS, participation in the National Association
of Health Unit Coordinators is voluntary.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim August 23, 1994 as
HEALTH UNIT COORDINATOR DAY
in Delray Beach, Florida, and urge all citizens to
acknowledge the importance of bringing patients back to
optimal health.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed this 2nd day of August, 1994.
MAY 0 R
THOMAS E. LYNCH foA
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ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager ~
From: William H. Greenwood ~
Director of Environmental Services
Date: July 27, 1994
Subject: Delray Beach Tennis Center - Phase III
Agenda Request
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff request the City commission allow Digby Bridges, the
consulting architect with Digby Bridges, Marsh and Associates, make
a short Design Development presentation on the Delray Beach Tennis
Center - Phase III project.
Over the last few weeks, he has been working out the details of the
seating addition and other facilities which will be required, and
is now prepared to make a formal presentation to the City
commission. This presentation should only take about thirty
minutes.
cc: Jose Aguila
File 94-71 (D)
\ESD\9471\agmem802
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Agenda Item No.
AGENDA REOUEST
Date: July 27, 1994
Request to be placed on:
X Regular Agenda
-- -- special Agenda
Workshop Agenda When: August 2, 1994
Description of item (who, what, where, how much): Staff reauest
city commission allow DiabY Bridaes of DiabY Bridaes. Marsh and
Associates make a Dresentation of Desian DeveloDment to the city
commission on the Delray Beach Tennis Center - Phase III Droiect.
This Dresentation should take less than 30 minutes.
ORDINANCE/RESOLUTION REQUIRED: YES/NO
Recommendation: Staff recommends the city commission allow DigbY
Bridaes to make a short Dresentation of Desian Develo~ment on the
Delra Beach Tennis Center - Phase III ro'ect.
Department head signature:
Determination of consistency with Comprehensive Plan:
city Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Descr iption
Account Balance
city Manager Review: &P/NO 1J1-!
Approved for agenda:
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9471\agreq802
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER b1v"{
SUBJECT: AGENDA ITEM # 2A - MEETING OF AUGUST 2. 1994
RESOLUTION NO. 61-94
DATE: July 29 I 1994
This is a resolution assessing costs for abatement action
required to remove nuisances on six properties throughout the
City. The resolution sets forth the actual costs incurred and
provides the mechanism to attach liens on these properties in the
event the assessments remain unpaid.
Recommend approval of Resolution No. 61-94 assessing costs for
abating nuisances on six properties located within the City.
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RESOLUTION NO. 61-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESS ING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH i
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF i
NUI SANCES ; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS. I
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the I
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in I
Chapter 100 of the Code of Ordinances, and did furnish the respective i
owner (s) of the land(s) described in the attached list with written I
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notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 I
of the Code of Ordinances describing the nature of the nuisance(s) and I
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain- I
ing to seawalls) they must abate said nuisance, or file a written I
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request for a hearing to review the decision that a nuisance existed I
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and, I
WHEREAS, the property owner(s) named in the list attached I
hereto and made a part hereof did fail and neglect to abate the !
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits !
prescribed in said notice and Chapter 100 of the Code of Ordinances, or I
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if the property owner(s) did request and receive a hearing, said prop-
erty owner (s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
; list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
!
I WHEREAS, the City Manager of the City of Delray Beach has,
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I pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
I in abating said nuisance(s) as aforesaid, said report indicating the
! costs per parcel of land involved; and,
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I WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
I cost of said nuisance(s) against said property owner(s) ,
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I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I
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I Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving I
, the City's cost of abating the aforesaid nuisances upon the lots
I or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel (s)
of land described in said report and in the amount(s) indicated thereon.
I Said assessments so levied shall, if not paid wi thin thirty (30) days
I after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
I same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
I closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
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nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue' at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30 ) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30 ) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
I placed on said property (s) , and interest shall accrue at the rate of
eight (8 ) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been I
received by the City Clerk within thirty (30) days after the mailing
da t e 0 f the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm I
Beach County, Florida, and upon the date and time of recording of the
i certified copy of this resolution a lien shall become effective on the
I subject property which shall secure the cost of abatement, interest at
: the rate of 8%, and collection costs including a reasonable attorney's
,
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1994.
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MAYOR
ATTEST:
City Clerk
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
ELY 522.52' OF N 1/4 MIKE L. BLANK $ 35.00
OF NE 1/4 OF NW 1/4 (US GOVT SPOIL AREA 651) 70.00 (ADM. COST)
LYG W OF FIND CNL R/W P.O. BOX 1245 (RECORDING)
(LESS S25' OF E131.49' DELRAY BEACH, FL 33447-1245
& NLY 47' OF WLY 53'
FOR RD R/W IN OR2346
P784), SUB OF SEC
28-46-43, PUBLIC
RECORDS, PALM BEACH
COUNTY, FL
(MC CLEARY ST)
LOT 23, BLK 6, ATLANTIC E. & HENRY WILSON $ 45.00
GARDENS, DELRAY, PB 14, P.O. BOX 1676 70.00 (ADM. COST)
P 63, PUBLIC RECORDS, DELRAY BEACH, FL 33447-1676 (RECORDING)
PALM BEACH COUNTY, FL.
(142 SW 11TH AVE)
LOT 20, BLK 7, SEACREST BRADLEY E.& DIANE STEPHENSON $ 35.00
PARK, PB 4, P 31, 1225 ROBBINS RUN CT. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM DAYTON, OH 45458 (RECORDING)
BEACH COUNTY, FL.
(229 NE 22ND ST)
LOT 17, BLK 1, ATLANTIC HELENA SMITH $ 45.00
PARK GARDENS, PB 14, 10404 PIPPIN LANE 70.00 (ADM. COST)
P 56, PUBLIC RECORDS, ROYAL PALM BEACH, FL 33411 (RECORDING)
PALM BEACH COUNTY, FL
(37 NW 13TH AVE)
LOT 50, POINCIANA TILLIE NELSON $ 50.00
HEIGHTS OF DELRAY 219 N.W. 10TH AVENUE 70.00 (ADM. COST)
BEACH, PB 26, P 245, DELRAY BEACH, FL 33444-1635 (RECORDING)
PUBLIC RECORDS, PALM
BEACH COUNTY, FL.
(1001 NW 3RD TERRACE)
LOT 20, BLK 2, ATLANTIC MARTHA ALEXANDER $ 87.50
PARK GARDENS, PB 14, 45 S.W. 13TH AVENUE 70.00 (ADM. COST)
P 56, PUBLIC RECORDS, DELRAY BEACH, FL 33444 (RECORDING)
PALM BEACH COUNTY, FL.
(45 SW 13TH AVE)
VIOLATION: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER
CONSTITUTING HAZARDS; DECLARED NUISANCE.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM i 2? l3 - MEETING OF AUGUST 2. 1994
FINAL PLAT APPROVAL/THE ANTILLES
DATE: JULY 28, 1994
This is before the Commission to approve the final plat for The
Antilles, a proposed twelve (12) unit townhouse development to be
located on 1.04 acres at the southeast corner of Venetian Drive and
Miramar Drive.
The site plan for this project was approved, subject to conditions,
by the Site Plan Review and Appearance Board on June 19, 1994. The
Planning and Zoning Board reviewed the final plat on July 18, 1994,
and recommended approval, subject to the following conditions:
(1) That prior to Commission consideration, a drainage
easement be added to the plat and other agency permits be
providedj and
(2) That prior to releasing the plat for recording, a
financial guarantee for all public improvements be
submitted.
Revised plans were submitted on July 22, 1994, which addressed the
first condition. The financial guarantee will be required before
the plat is released for recording.
Recommend approval of the final plat for The Antilles, subject to
the condition that prior to releasing the plat for recordation, a
financial guarantee for all public improvements be submitted.
ref ,a ,agmemo4 ~ 6-?U ~
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/ .J
L./\
L :'X1
I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CITY MANAGER
THRU:
FROM:
SUBJECT: MEETING OF AUGUST 2, 1994
FINAL PLAT FOR THE ANTILLES **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for The Antilles, a proposed 12
unit townhouse development.
The project is located at the southeast corner of Venetian
Drive and Miramar Drive.
B A C K G R 0 U N D:
In May 1994, a site plan request was received for the subject
property to construct a 12 unit townhouse development to be
known as The Antilles. The site plan for The Antilles was
approved, subject to conditions, by the Site Plan Review and
Appearance Board on June 19, 1994.
In June, 1994, a combined preliminary/final plat for The
Antilles was submitted for review. The plat provides for 12
fee-simple townhome lots, a recreation tract, and a private
road. For further background and description, please request a
copy of The Antilles' Planning and Zoning Board report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of July 18, 1994. The Board transmitted a
recommendation of approval, subject to the following conditions:
,
.
City Commission Documentation
The Antilles Final Plat
Page 2
1. That prior to scheduling the plat for City Commission
action a drainage easement be added to the plat and
other agency permits be provided, and;
2. That prior to releasing the plat for recordation, a
financial guarantee for all public improvements be
submitted.
Revised plans were submitted on July 22, 1994 which addressed
condition #1. The financial guarantee will be required prior to
releasing the plat for recordation.
R E COM MEN D E D ACT ION:
By motion, approved the final plat for The Antilles, subject to
the following condition:
* That prior to releasing the plat for recordation, a
financial guarantee for all public improvements be
submitted.
Attachment:
* Location Map & Reduced Plat
'I':AN'I'ILCC.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {fJlV(
SUBJECT: AGENDA ITEM # ~C - MEETING OF Auqust 2, 1994
GRANT APPLICATION/STATE OFFICE OF EMERGENCY MEDICAL
SERVICES
DATE: July 29, 1994
This is before the Commission to approve application to the State
Office of Emergency Medical Services for a grant to purchase an
Automatic Advisory Defibrillator for use by Ocean Rescue.
The presence of this equipment will allow the members of Ocean
Rescue to begin immediate lifesaving procedures during the
critical time preceding the arrival of advanced cardiac life
support units.
This is a 75/25 percent matching grant. The total cost will be
$9,365.00, with the State's portion being $7,023.75 and the
City's share being $2,341.25. The City's 25 percent will be
funded from the Parks and Recreation Beach Operating Budget
(Account No. 001-4123-572-64.90) .
Recommend approval of application to the State Office of Emer-
gency Medical Services for grant money to purchase a defibril-
lator for use by Ocean Rescue.
~~
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Agenda Item No.:
AGBHDA REQUEST
Date: July 25, 1994
Request to be placed on:
X Regular Agenda (Consent)
Special Agenda August 2, 1994
Workshop Agenda When:
Description of item (who, what, where, how much): Seek City Commission
aooroval to submit a grant application to the State Office of Emergency Medical
Sprvicp~ for fundin2 suooort to purchase one Automatic Advisorv Defibrillator
for use bv our Beach Ocean Rescue Division. This is a 75/25 matching grant with the
St~~P- providini 75% of the funds. The total cost of this eauioment is $$9.365. The
City's share would be $2.341.25 which will be taken out of thp Rp.<lrr Operatina- Budget
(Example: '. Request from Atlantic High School for $2,000 to fund
project graduation).
ORDIRAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend aooroval to submit
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55). W~
Department Head Signature:
City Attorney Review/ Recommend (if applicable): N/A
.
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: ~ NO
Funding alternative ~b/f apPlicabl~ 'PrutaJ-
Account No. & Description: @S WeJ'L3-672--.1o :.:{{O l'1l~(L. LlI J
Account Balance: f;J~
City Manager Review:
Approved for agenda: ~/ NO i1J~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
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MEMORANDUM
TO: David T. Harden, City Manager
FROM: Joe Weldon, Director of Parks and Recreation ~.
DATE:
July 25, 1994
SUBJECT: REQUEST CITY COMMISSION APPROVAL TO SUBMIT GRANT APPLICATION
TO THE STATE OFFICE OF EMERGENCY MEDICAL SERVICES.
Richard Connell and Doug Randolph have completed an application for the
purchase of an Automatic Advisory Defibrillator for use by our Ocean
Rescue Division on the City beaches. This equipment will allow those
visitors with cardiac emergencies to receive immediate lifesaving
procedures during the critical time preceding the arrival of advanced
cardiac life support units. This is a 75/25 matching grant with the
State providing 75% of the funds. The total cost will be $9,365 with the
State's portion being $7,023.75 and the City's share being $2,341.25.
The City's match will come out of the Parks and Recreation Beach
Operating Budget (Account n 001-4123-572-64.90).
The purchase and our use of this equipment has the approval and
endorsement of our Medical Director, Dr. Randall Wolff and Division
Chief/EMS Douglas Trawick, Delray Beach Fire Department.
We request this item be placed on the agenda for consideration by the
City Commission at their meeting on August 2, 1994.
DGR/JW/ocean
attachments
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. ID Code to be Ass~ned by State EMS Office: M- __ _ _
Florida Department of Health and Rehabilitative Senices
Office oC Emergency Medical Services (EJ\.15)
MA TCHING GRANT APPLICA nON
1. Legal Name of City of Delray Beach
Agency/Organization: Parks and Recreation Department
Ocean Rescue
Name and Title of David T. Harden, City Manager
Grant Signer:
Mailing 100 N.W. 1st Avenue
Address: Delray Beach, FL 33444 County: Palm Beach
Telephone Number: (407) 243-7010 SunCom Number: 928-7010
2. Name and Title oC Richard L. Connell, Beach Supervisor
Contact Person:
Mailing 2 South Ocean Boulevard
Address: Delray Beach, FL 33444
I
Telephone Number: (407) 243-7352 SunCom Number: ~
,
3. Legal Status of Your fis~l year: I
Agency/Organization: (Check only one) SeLh.2.9 ,
Oct. 1 I
I
- Private Nol for Prolil (you muat provide copy of cenjCicate) BEGINS EN~
- Priv.te for Profil --X... Public
I
4. Agency/Organization's Federal I
I
Tax Identification Number nine digits VF ....2-...L -L ~ ....L -2- -1.. ~ -.3L !
5. Idenlity the one ~te plan objective thi. projecl primarily addreaIC': Objeclive I: 50.5
6. Type of Project: (Check only one):
- CommunicatioN Conlinuini Profeuional Education (lTI'dicol dirulor mUll li~n lLGm 160)
-
- Emc'lency TralUpOrt Vehicle. - Public Education
- Syllem EvahulionlQu.lilY Aawr'&llCe - Rcacarch
JL Mc4icallRucue Equip~nl (.iiD&lUr&. reQuired for Item. 16b and 16c)
Doe. your projecl include the purc:haIC of any communicaliolU cquipmcnl? yes X No
HRS Fonn 1767, March 39
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I for both the need and outcome statements: include all available numeric data, the time frame
for the data, the data SOUITe, the number of people who will directly re<:eive project services,
and other information which clearly identifies your need and expected outcome for this project.
7. Need Statement (use onl~ the space below): The records of the Delray Beach Ocean
Rescue Division indicate t at ~pproximately 1 million people visit our ~ublic beaches
annually. Of these visitors, between 100 and 120 require emer~ency medlcal assistance
from the Ocean Lifeguard staff. These emer~encies include car iac arrest due to near
drowning, aller~ic reactions, lightning strlkes, and coronary disease. Per Chapter
401 of the Florlda Statutes and the reguest of the Cith's Medical Director, we request
fundin~ support to purchase an Automatlc External Defi rillator. The addition of this
unit wlll increase the survival rate of cardiac arrest patients prior to the arrival
of advanced cardiac life support.
8. Outcome Statement (use only the space below): The City of Delray Beach has approxi-
mately 1 million visitors to its public beaches annually. Of these visitors, between
100 and 120 experience a medical emergency while in the water or on the beach. The
addition of the Automatic External Defibrillator will allow those visitors with
cardiac emergencies to receive immediate life saving procedures during the critical
time preceding the arrival of advanced cardiac life support units. Such action will
improve the level of pre-hospital care for these patients.
I 9. Improvement and Expansion of Prehospital E1v1S. Describe how your project improves and expands
I prchospllal EMS. Also, show bow it builds coordination and cooperation with other EMS systems.
The addition of this Automatic External Defibrillator will increase the survival rate
I of patients experiencing cardiac emergencies while using our public beaches prior to
, the arrival of advanced life support units. The A.E.D. unit will be configured to
I interface with the existing ALS lifepak 10 units which will provide paramedics and
other medical personnel crucial data about the patient's condition prior to the
I arrival of Delray Beach Fire Rescue Units. The availability of this information will
insure a higher level of patient care and will improve pre-hospital EMS. In addition,
I this equipment will allow periodic reviews of Ocean Rescue staff response using data
I from the actual defibrillation run recordings which will augment training and increas
I effectiveness.
I
10. Resc..c'lrch Projects Only:
If yo" ,n: !lQ! con<lucli". , n:""",h project, ,kip thi, item .nd '010 Item 11. N/A
If )'ou ,n: conducting I n:OC-I",h project, llUch lithe end o(tha appli""uon oonei.. l'\.I~m.nl.l orlhe hypolh..i., dlli,nlmethod, in.tnJmenl.l, method.
to pl"'Ot~ct humon ,ubj~u. In)' limiuuon. in"ol";n, the I'lUdy. relMrch irvtnlmenl.l, (orm. and Ibtin,. or olhor rel.".n! I'lUdi...
11. Major Work Activities and Time Frames (Use only the space below): By adding this AED, the
City of Delray Beach will be able to provide a faster response to patients requiring
defibrillation, increasing the survival rate of these patients at the City's beaches.
! 1. Bid Process.... .., ...... ..................within 60 days after grant begins
2. Acceptance of Product... ..................within 90 days after grant begins
I
I 3. Training and Implementation...............within 120 days after grant begins
,
4. Analyze and Evaluate System... ............within 180 days after grant begins
,
I
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!
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2
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APPLICANT
S tJJ te
Cash Grant
CATEGORIES Match Funds TOT AL
12. Salaries and Benefits:
N/A
TOTAL SALARIES and BENEFITS
13. Expenses
N/A
TOTAL EXPENSES
APPLICANT
s t.a l.e
Cash Grant
CATEGORIES Match Funds TOTAL
14. Equipment:
Automatic advisory defibrillator, simulation $2,341.25 $7,023.75 $9,365.00
cables, electrodes, voice translator and
interface cable
TOTAL EQUlPl\fENT COSTS $2,341.25 $7,023.75 $9,365.00
3
,
APPLICANT
State
Cash Grant
CA TEGORIES Match Funds TOTAL
15. Final Summary - Total of salaries
and benefits, expenses and equipment,
all combined
$2,341.25 $7023.75 S9,365.00
-------- ------- --------
The above fl~re The above fl~re The above fl~re
mUll equal 25 pen:enl mull equ.1 75 mUll equ.lthe
of the \OLAf Pen:enl of the Ium of the
lOl&l pre<:edinli: two
columru
Note: You may attach a page or pages to explain and justify as necessary the need for any and all positions, expenses, and
equipment in terms of the items, their qWUltities, their costs, and their roles in the project.
4
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr.1.ter' _ D.1.rec:t L.1.ne
DELRAY BEACH (407) 243-7090
F lOR IDA
......
A11.America City
, III I! MEMORANDUM
1993
Date: July 27, 1994
To: City Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Agreement for Funding of Water Main Installation
Within S.W. 10th Avenue and S. W. 11th Street
Riqht-of-Way
The proposed agreement to be entered into between the Groves
of Delray, Ltd. and the City of Delray Beach addresses the
installation of a water distribution system and water main
extension along S.W. lIth Street and S.W. 10th Avenue. The
Groves of Delray, Ltd. is presently constructing S. W. 10th
Avenue to the entrance of the Groves. As part of the road
construction, the City desires to have the Groves install
the water distribution system and water main along S.W. 11th
Street and S.W. 10th Avenue. Pursuant to the agreement, the
City will pay the developer the cost attributable to the
water main installation. The estimated cost for the
installation is $26,462.00. If the cost should increase,
the developer shall obtain City approval for any additional
costs.
As part of the agreement, the Groves of Delray, Ltd. agrees
to indemnify the City against any claims which may arise.
The City shall reimburse the developer pursuant to the
schedule indicated in the agreement. Eighty percent of the
cost of installation shall be paid no later than 20 days
after the pipes for the water distribution system and water
main extension are installed and inspected by the City. Ten
percent of the total cost of installation shall be paid no
later than 20 days after the City performs a final
inspection and approves the installation in writing. The
final payment of ten percent of the cost shall be paid no
later than 20 days after the Health Department certifies in
writing that the improvements are approved.
<210
@ Printed on Recycled Paper
., .
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City Commission
July 27, 1994
Page 2
If you have any questions regarding this agreement, please
do not hesitate to call.
DNT: smk
Attachment
cc: David T. Harden, City Manager
Dan Beatty, Assistant City Engineer
Sharon Morgan, City Clerk's Office
swlOth-4.dnt
'. '
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AGREEMENT FOR FUNDING OF WATER MAIN
INSTALLATION WITHIN S.W. 10TH l~VENUE AND
S. W. 11TH STREET RIGHT-OF-WAY
THIS AGREEMENT, made and entered into this _ day of
, 1994, by and betvleen the GROVES OF DELRAY,
LTD. I a Florida limited partnership ( "Developer" ) and the CITY OF
DEL11.AY :S'EP..CH, a Florida municipal cor~oration ("City") .
WIT N E SSE T H:
WHEREAS, the Developer wishes to expedite the
constru=tion of the extension of S.W. lOth Avenue in the City of
Delray EE~ach to the 13ntrance approved by the City for the 158
uni-t apc.rtment housing complex for older persons known as the
GrO"ires of Delray ("Groves"); and
~qHEREAS , the parties wish to set forth their agreement
with r~=;3pect to -the payment for costs associated with the
ins~all~tion of water lines within thl= right-of-way of S.W. 11th
Strt=et:t.nd S. w. 10th Avenue adjacent to the Groves development.
NOW, THEREFORE, in consideration of the mutual
covl=nant s and undertakings set forth herein and other good and
valuabl,= consideration, the receipt and sufficiency of which is
herl=by a,cknowledged, the City and Developer do hereby agree as
follows:
1. In conjunction with the construction of s.w. 10th
Avenue from Linton Boulevard to the entrance of the Groves, the
Developa~ agrees to install a water distribution system and water
,
main extEmsion along S.W. 11th Street and S. W. 10th Avenue as
indicated in the plans attached hereto as Exhibit "A".
2. The Ci 1:y agrees to pay directly to the Developer
costs clt1::.ributable to said watl~r main installation within the
right-of-way for S.W. lOth Avenue and S.W. lIth Street.
3 . The cost for the installation of the water
distribution system and water main l~xtens ion shall not exceed
$26,462.00 in accordance with the attached bid tabulation,
Exhibit "B", unless approved by the City as provided for in
Paragraph 5, which is attached hereto and incorporated herein by
refc=ren::e.
4. The Ci 1:y shall be resJ;:onsible for, and agrees to
provide or cause to be performed all inspection services during
construction of the water lines and final certification for the
sys-tem.
5. The Developer shall obtain written city approval
for any :hange orders which increase the cost attributable to the
wat(=J:' main improvements to an amount greater than the contract
amount as stated in Paragraph 3 of this Agreement.
6. In the event additional work and funding is
required, the additional cost attributable to said water main
improvements as outlined for this project is the City's
responsibility upon the City's approval of the necessity of the
addition3l 'Nark and cost thereof. In the event of an under run
attribut3ble to said utility construction and adjustments as
outlined in the specification, the City will be credited the
exc(=ss all,ount.
2
.
7. Developer agrees to indemnify and hold harmless
the City from and against any claims, losses, demands or cause of
action of whatsoever kind or nature that the City, its agents or
employe.:!s, may 'or could sustain as a result of or emanating out
of the i:erms and conditions contained in this Agreement the
result from Developer's actions.
8. The City agrees to reimburse the Developer for the
installation of the water distribution system and water main
extension pursuant to the following schedule:
A. Payment of 80% of the cost of installation
and materials shall be paid no later than 20 days after the
piClss for the vIa ter distribution E:ystem and water main
extension are installed and inspected by the City.
B. Payment of 10% of the total cost of the
installation and materials shall be paid no later than 20
days after the City performs a final inspection and approves
the installation in writing.
C. Payment of 10% of the cost of installation
and materials shall be paid no later than 20 days after Palm
Bea:h County Health Department certifies in writing that the
improvements are approved.
9. This A~rreement shall be governed by and construed
in accorjance with the laws of the State of Florida
10. Any notice required to be given hereunder shall be
given by personal deLL very, by registered mail, or be registered
expedited service at the addresses as specified below, or at such
other aC.dresses as may be specified in writing by the parties
3
her\:to, 2.nd any such notice shall be deemed received on the date
of delivery.
CITY: Delray Beach City Attorney's Office
-- 200 Northwest First Avenue
Delray Beach, Florida 33444
Attention: David Tolces, Esq.
Telephone: 407-243-7090
Fax: 407-278-4755
DEVELOPER: Groves of Delray, Ltd.
499 Boynton Eay Circle
Boynton Beach, Florida 33435
Attention: Thomas G. Hinners
Telephone: 407-735-0777
Fax: 407-731-1457
II. If any provision of this agreement shall be
invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining portions shall not in any way be
affected or impaired. This agreement shall be simultaneously
executed in multiple counterparts, all of which shall constitute
one and the same instrument and each of which shall be deemed to
be an original.
IN WITNESS WHEREOF, the City and the Developer have
caused this agreement to be signed, sealed and attested on their
behalf by duly authorized representatives, all as of the first
date written above.
ATTEST: C rry OF DELRA Y BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to Form:
City Att:::rney
4
,
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WITNESSES: GROVES OF DELRAY, LTD. ,
~~/~ a Florida Limited Partnership
By: GROVES OF DELRAY JOINT
~DP .L i3 4J /2 c- A:.. VENTURE, its General Partner
(Print or Type Name)
~ (Lk ~..QL-<--' By: FLORIDA AFFORDABLE
HOIJSING, INC. , its Managing ~
I7a ~__J LJ~)'Y7 .se r- General Partner
, -
(Print ::>r Type Name)
(SEAL)
STATE OF FLORIDA
COUN~Y )F PALM BEACH
(\~ Th,e fore oing instrument \~ aCknoW-tedled b~fo~ me this
day of _ ' , 1994 by Ihc('Iv,;S ~-' " I 1\{)l?V':; frf?-s. (name
,ffip'{;r ,\; r, ,:lgent, title of of icer or "agent), of
I \ "'-' "" ~ (name of corporation acknowledging), a
uf V stat or place of incorporation) corporation,
on behalf of corporation. He .L&fte is personally known to
me/ - .. ..)
"d "f' t' , ll.!
..1. QnCl .L.....a. -LOJl
groves-:'.agt !$..ji~~'" KIMSERLYC~ AMENDOLA 1
f'f :.~ MY COMMISSION' CC 214038
'~p~~f EXPIRES: July 12. '~
"P.:H:~' . llond8d ThIu Notaty PIlblic UIlCIerwrilItI
5
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EXHIBIT "B"
I. WATER DISTRIBUTION SYSTEM: (for 11th Street)
1. 10" D.I.P. CL-52 . . . . . . . 150 Lft 19.25 2,888.--
2. 8" D.I.P. CL-52. . . . . . . . 190 Lft 15.50 2,945.--
3 . 10"X10" TAPP. SLEEVE/V/BOX . . 1 Ea 4500.00 4,500.--
4. 10" Wet Tap. . . . . . . . . . 1 Ea 300.00 300.--
5. 10" Swab Connection. . . . . . 1 Ea 700.00 700.--
6. 8" Swab Connection . . . . . . 1 Ea 600.00 600.--
7 . 8" M.J. G.Valve w/V. Box. . . 1 Ea 425.00 425.--
8. 8" M.J. Cap. . . . . . . . . . 1 Ea 61. 00 61. --
9 . 8" M.J. 90 Bend. . . . . . . . I Ea 700.00 700.--
10. A.P.C. Markers . . . . . . . . 9 Ea 22.00 22.--
11. Sample Points. . . . . . . . . 2 Ea 110.00 110.--
12. Lab. Test. . . . . . . . . . 1 Ea 250.00 250.--
13. Fill & Flush Connection. . . . 1 Ea 600.00 600.--
14. Tern A.C. Replacement. . . . . 20 S. f. 25.00 25.--
15. Density Test . . . . . . . . . 1 Ea 400.00 400.--
16. 8" G.V. w/V. Box. . . . . . . 2 Ea 425.00 425.--
TOTAL WATER MAIN (for 11th Street) . . . . . . . . . 16,137.--
II. WATER MAIN EXTENSION: (for S.W. 10th Avenue)
1. 15' 6" D.I.P. Class 52 . . . . . . . . . 12.50 187.50
2. 265' 8" D.I.P. Class 52 . . . . . . . . . 15.25 4,041.25
3 . 2 6" M.J. Gate Valves/Boxes. . . . . . 325.00 650.00
4 . 1 8" M.J. Gate Valve/Box. . . . . . . 425.00 425.00
5. 1 6" M.J. Anchor Tee. . . . . . . . . 175.00 175.00
6. 1 8" X 6" M.J. Reducer. . . . . . . . 122.00 122.00
7 . 1 8" M.J. Tee. . . . . . . . . . . . . 152.00 152.00
8. 2 8" Swab Connections. . . . . . . . . 600.00 1,200.00
9. 2 8" M.J. 22! Bends. . . . . . . . . . 114.00 228.00
10. 6 A.P.C. Markers . . . . . . . . . . . 21. 00 126.00
11. 3 Cubic Yds Concrete . . . . . . . . . 65.00 195.00
12. 1 Sample Point . . . . . . . . . . . . 110.00 110.00
13. 1 Fill & Flush Connection. . . . . . . 600.00 600.00
14. 1 Lab Test . . . . . . . . . . . . . . 275.00 275.00
15. 1 Relocate Existing Fire Hydrant . . . L.S. 700.00
16. 1 6" F.H. Ext. . . . . . . . . . . . . 238.25 238.25
17. 1 Connection to Existing 6" W. Main. . L.S. 900.00
TOTAL WATER MAIN EXTENSION (for S.W. 10th Ave.) 10,325.00
Total Water Main (11th Street) 16,137.00
Water Main Extension (S.W. 10th Ave) 10,325.00
26,462.00
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[IT' DF DELAA' BEA[H
DELRA Y BEACH
F LOR IDA 100 NW, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
~
AII.America City
, till!
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: pAobert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM # 8~ CITY COMMISSION MEETING 8/02/94
CHANGE IN TERMINATION LANGUAGE CONTRACT
WOODGRAPHICS - GOLF COURSE TEE SIGNS
DATE: July 27, 1994
ACTION
City Commission is requested to approve a change in the
termination language to the proposed contract with Woodgraphics
for new tee signs at the municipal golf course.
BACKGROUND
At your June 21, 1994, meeting, Commission approved a contract
with Woodgraphics, Inc. for new tee signs at the golf course
contingent on City Attorney approval of the contract language,
which was to include a termination provision. Woodgraphics has
reviewed the form agreement prepared by our attorney and agrees
with all provisions except paragraph 12 (attached) "Termination
Provisions." The vendor requests the second sentence of the
paragraph read as follows "The agreement is cancellable by
either party upon ninety days written notice for breach of
contract or limitations beyond the control of either party."
Mr. Dubin recommends approval in order to save $5,000 - $6,000,
if we contracted to have new signs built.
RECOMMENDATION
Recommend approval. /? etnouE<J Ibm {tI7SC/J"-
-Iv 9./iIl.
RAB:kwg ffJoIt'tYJ 10 ~;:1/7 flltlE/lpmE/JcI Jo tiE ~
!o f~'dE- Ylzlrf fi#6e ffi E. t.es-l 'I~ E//Ilc.e. jJ~ nJlJq
(J1rfK!.t;/ to Yh oL w/o ~E UfJO/7 60 dCUj:> W~~
I I J 1707Te&
THE EFFORT ALWAYS MATTERS 5-0
@ Printed on Recycled Paper
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J U L.- 2 6 - '9 4- TUE 12:26 DUBIN 8"..: ASSOCIATES P_~34-
11- The Golf Cour8~" ar.:k.nowl&dges that Woodgraphic:s,
Inc. retains ownership of the product(s). The Colf CourSl!)
a 9 re':'\ ~1 to remove the pro<:luct($) at the end of t.he sponsot'stll p
p~rlnd ~Md make tho product(s) aVAL1~blc to either Wood9r~phic~
OJ:' the according to tIle rliX:E:ction of Woodgraph1cf'l.
i$ contr~c;~ !5hFlll ~y.pi.rc upon the fifth
the 1 ns ta ll..-n. i 011 or. the pr.od1.l.ct.(s). El.th\..'c
p;,.rt'r' may cancel this ^grQ12ment upon sixty (60) dayS' wrltLcn
not i,<:(! (1 f it.s 1ntE:lnt to canc01 th~ Agreement.
13. Woodgrnphics, Inc. will repair or replaceJ <1"
.,
rcq'l . ;,,"'i . any pl'odqr:t. ( ~ ) cia m-a (j c~1, or stolen during th~
spon:'1()l"'Ship period within thIrty ( 30) duys of notification.
This Agreernent IS ha 11 be binding upon the heirs, .
S\.ICCI?ssors I and assigns of both parties.
AT'T'l-sr C1TY OF D~LRAY BEACH, FLORIDA
CTt:,;l C' rj"rl< ...&..J. Al....IJ..1llI '...-,-- Ely: ....- ..- ..... - ....".--.--..................---...
Appl:'vpd .1S to Form and
r.1~ q 1 ';ufflciency:
ffi".::- l\ i-~t"ornElY ,......... ~ ~
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM tt 8 F - MEETING OF AUGUST 2. 1994
RESOLUTION NO. 62-94/CONGESTION MITIGATION AND AIR
OUALITY (CMAO) FUNDING
DATE: JULY 29, 1994
This is a resolution in support of efforts by the Metropolitan
Planning Organization to encourage the United States Environmental
Protection Agency (EPA) to continue funding for congestion
mitigation and air quality for air quality maintenance areas. As
noted in the Municipal League's memorandum, if this program is not
continued the County could lose approximately $5,000,000 which is
used to implement this program.
Recommend approval of Resolution No. 62-94.
or '-1u ~ .
ref:agmemo8
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RESOLUTION NO. 62-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, SUPPORTING THE CONTINUATION OF
CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FUNDING
FOR AIR QUALITY MAINTENANCE AREAS i PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, Dade, Broward and Palm Beach Counties have been
individually designated as non-attainment areas for ozone and comprise
the Southeast Florida Airshed; and
WHEREAS, the State of Florida has submitted a request to the
United States Environmental Protection Agency (EPA) to redesignate the
Airshed from non-attainment to attainment and become an air quality
maintenance area; and
WHEREAS, the Airshed and the respective counties would lose
eligibility for Congestion Mitigation and Air Quality (CMAQ) program
funds used for transportation improvement projects which contribute to
maintaining or reducing air quality emission levels; and
WHEREAS, the Clean Air Act Amendments require the counties
to attain and maintain clean air standards; and
WHEREAS, a coalition effort of non-attainment areas proposed
for redesignation to maintenance areas is underway to pursue changes
in ISTEA to enable maintenance areas to qualify for CMAQ funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of Delray Beach supports the
amendment of the CMAQ program language to provide funding for air
quality maintenance areas to continue implementation of projects that
contribute to maintaining or improving air quality.
Section 2. That the City of Delray Beach supports the
coalition efforts to change ISTEA to enable maintenance areas to
qualify for CMAQ funds.
Section 3. That this Resolution shall take effect
immediately upon adoption, and the City Clerk is hereby directed to
forward a copy of the same to the Florida Department of
Transportation, the Metropolitan Planning Organization, the Palm Beach
County Municipal League, the Palm Beach County Legislative Delegation,
the Board of County Commissioners, and all Palm Beach County
Municipalities.
,
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PASSED AND ADOPTED in regular session on this the 2nd day of
August, 1994.
~~
ATTEST:
~ fiJ!.f' )U f fti J! () ,iy
City C rk
.
- 2 - Res. No. 62-94
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AC!55t..~ ~23" -
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X' -e'o~~O'o'" 7"2,, ' '
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Pulm Bench County MUNICIPAL LEAGUE
P,O. BOX 19811, GOVe~NMe AL CENTeR, weST PALM BEACH, FLORIDA 33402 (407) 355-4434
M B M 0
TO: Mayors ~gere (f r appropriate dietribution)
FROM: Jack Ho n, Execut!
DATBI July 14, 1994
. RB: Congestion Mitigation nd Air Quality (CHAQ) Funding
************************** *************************
At the July 13, 1994 Municipal L ague Board of Directors Meeting
the Board agreed to support the M tropolitan Planning Organization
(MPO) in their efforts to encourage the United States
Environmental Protection Arency (EPA) to continue funding for
congestion mitigation and a r qua ity for air quality maintenance
area.. Attaohed i. the League R .olution that was passed by the
Board and which will be submitte to the general membership for
ratification. The Board i. eneou aging all municipalities to pass
a similar Re8olution in support 0 this effort. Basically, if
this program i. not continued the County could lose approximately
$5 Million which is uled to imple ent thi. program.
If you have any questions regardin this matter either contact this
office or Randy Whitfield, Direct r, MPO at 684-4170.
Attachment
bee: Randy Wh1tf1eld
RECEIVED BY
MMtPtiiltn P~r1nlll( Orji"l~ttion
l
~ JUl191994 I
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.~~1IF dY:XerOx 'e'eccPle" ''oiL. . (... ~
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RESOLUTION NO.
A RESOLUTION OF THE: PALM BEACH COUNTY
MUNICIPAL LEAGUE, I . , SUPPORTING THE
CONTINUATION OF CONGEST ON MITIGATION AND AIR
QUALITY (CMAQ) FUNDI G FOR AIR QUALITY
MAINTENANCE AREAS; PR VIDING AN EFFECTIVE
DATE; ANO FOR OTHER PUR aSES.
WBBRBAS, Dade, Broward a d palm aeach Counties have been
individually designated areas for ozone and
comp~is. the Southeast Florida Air hed; and
WBERBAS, the State of Fl r1da has submitted a request to
the United Statel Environmental Protection Agency (EPA) to
redealgnate the Airshed from non attainment to attainment and
become an air quality maintenance rea; and
"BRlA., the Airshed and the respective counties would
10le eligibility for Congestion M1 igation and Air Quality (CMAQ)
program funds used for transportat on improvement projects which
contribute to maintAining or reduci g air quality emission levels;
and
.
. WBIUAS, the Clean Air Act Amendments require the
counties to attain ana maintain cle n air standards; and
WlIJ:.IAS, a . .;;:oalitlon at ort of non-attainment: are~U5
proposed for redeslgnation to main .nanee areal 11 underway to
pursue changes in.ISTEA to enable ma ntenance areas to qualify for
CMAQ funds.
NOW, THEREFORE, BE IT RES VED BY THE PALM BEACH COUNTY
MUNICIPAL LEAGUE, INC., THAT:
Section 1: The Palm Beach ounty Municipal League, Inc.
supports the amendment of the CMAQ program language to provide
,
_ . ... ~~. M . 7_-0_-4 : '4:23 4.:7ee4.i~23'" ~:~ ,~; ;~-~:: ~
~,- .' .. v . X 0 ... '" x 0 e c ~ : ~ e . ; I" 2 ~ . . t." :; ,
...~:.\",~. .., v ..,
..
funding for air quality ma ntenance areas to continue
implementation of projects that contribute to maintaining or
improving air quality.
Section 2: The h County Municipal League, Inc,
...
supports the coalition to change ISTEA to enable
maintenance areas to qualify for
section 3: This Resoluti n shall take effect immediately
upon adoption.
'PASSEl) A~D AOOP':'ED this day ot . , 1994.
'ALM BIAeI COUN'1'Y NOHICIPAL
LBAGOK , INC,
OM McCARTHY, President
Attest.
(Seal)
Secretary .
C :\OLDWS\MUNLEAGtJ\CMAQ.RES
07/13/94
"
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: !#,ITY MANAGER
SUBJECT: AGENDA ITEM # g ,e;.. - MEETING OF AUGUST 2, 1994
AWARD OF BIDS AND CONTRACTS
DATE: JULY 29, 1994
l. Contract Award - Construction of a generator enclosure
building at the southwest corner of City Hall - to Five Star
Construction, Inc. - in the amount of $26,303.40, with
funding from General Construction, Miscellaneous (Account
No. 334-6111-519.62-10), through budget transfer from
General Construction, Renewal and Replacement (Account No.
334-6112-519.62-10) .
2. Emergency Purchase - Upgrades to Existing Pumps - to
Southeastern Pump Corporation (sole source) at a total cost
of $15,389.00; with funding from Master Sewage Lift Station
- Building (Account No. 447-5166-536.60-31) , through budget
transfer from 1991 Water and Sewer Bond Interest Earnings
(Account No. 447-0000-361.10-00) .
.
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ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
city Manager
From: William H. Greenwood ~
Director of Environmental Services
Date: July 25, 1994
Subject: City Hall Facility, Generator Enclosure
Award of Bid
Project No. 94-72
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff requests City commission award a construction contract to
Five Star Construction, Inc. for the construction of a generator
enclosure building to the existing emergency generator on the
Southwest corner of the City Hall Facility.
On July 20, 1994, the City received five bids, listed below for
this work. The bids were as follows:
1. Five Star Construction, Inc. $26,303.40
2. Browning & Becker Construction, Inc. $36,900.00
3. Young Development, Inc. $40,961. 00
4. West Construction, Inc. $45,525.00
5. Janus & Hill Corporation $46,900.00
Following the architects and staff review, the bid from Five star
Construction, Inc. appears to be complete and evident of their
awareness of the parameters of the project. They are, in the
opinion of staff, the lowest responsive and responsible bidder.
Based on the above, staff recommends that the award for
construction of the generator enclosure be made to Five Star
Construction, Inc. in the amount of $26,303.40. $21,700.00 is
available in the General Construction Fund, Building Account # 334-
6111-519-62.10. A transfer in the amount of $4,603.40 from the
General Construction fund, Repair and Replacement Building Account
# 334-6112-519-62.10 will be necessary to provide the total funding
of $26,303.40 for this work. A budget transfer request has been
attached to this item.
cc: Jose Aguila
Ralph Hayden
File 94-72 (D)
\ESD\9472\agmem802
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Agenda Item No.
AGENDA REQUEST
Date: July 25, 1994
Request to be placed on:
X Regular Agenda
-- -- Special Agenda
Workshop Agenda When: August 2, 1994
Description of item (who, what, where, how much): Staff reauest City Commission
award bid to Five Star Construction. Inc. for the construction of a aenerator enclosure buildina at the Southwest corner of the
City Hall Facilitv. Bids were received on Julv 20. 1994 and after review of the bids. Five Star Construction. Inc. submitted the
lowest resDonsive and resDonsible bid. in the amount of $ 26.303.40. Fundina is available in the aeneral construction fund.
buildina account II 334-6111-519-62.10. A budaet transfer will be reauired from the aeneral construction fund. reDair and
reDlacement buildina account 11334-6112-519-62.10. in the amount of $4.603.40 which is attached.
ORDINANCE/RESOLUTION REQUIRED: HOT REQUIRED
Recommendation: Staff recommends award of bid to Five star
Construction. Inc. for the construction of a qenerator enclosure
building for the city Hall Facilitv in the amount of $26.303.40.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items inVOlving expenditure
of funds): ~
Funding available: YE 'NO
Funding alternative (if applicable)
AccountNo. & Desc;;ription~11 J/-sft1.(i2--{rf) (Zg, E'_ gL-b~ S
Account Balance ~bJ~J~ .
.
City Manager Review: @/NO P- !
Approved for agenda:
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9472\agendreq
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PROPOSAL
(BID FORM)
Proposal of Five star Construction. Inc.
, (Contractor)
19781 118 Trail South, Boca Raton, Fl 33498
(Address)
to furnish and deliver all materials and to do and perform all
work in accordance. with the Contract Documents for. the project
entitled:
,-
PROJECT NAME: City Hall Generator Enclosure
l
CITY OF OELRAY BEACH PROJECT NO: 94-72 il.
.,
CONSULTANT PROJECT NO: 94-901 "
I"
To: Purchasing Officer
city of Delray Beach, Florida
100 N.W. 1st Avenu&, ., ": ',' ~-i:"
Oelray Beach, Florida ,33444 i
.' 'I
The undersigned Bidder proposes and agrees.v i~; th'is;o'Bid . is ~
1. j
accepted, to' enter into. an Agreement with., the CITY' in the 1
form included..in> the Contract Documents" to, complete all
Work' as . specifiedl' or indicated in the Contract.. Obcuntents
for the:" Cont.i-'act' ,Price and within,.' therccmtract Time
indicated,.,in:;.thial Bid and in accordance".with,.the..; Contract
oocumert,',':j'.:,:)i;f;',j', '. . .' ,.. .:<
., ....."WM1~~.,."... ,.
, tt ~. . -,' . ;':~,.; , -. ..Ii~;.-, .j;' ~. . - " r
2. Bid~,~~f"oc;Pr~'~i;ali of the terms and. conditions- 'of the.
Ins,. ""'i'-' ~/OI1~;i':';:t.O'" Bidders, including... without, limitation l
tho" . '..l!nq,with the disposition ot Bid. Security.. This
Bi.. ',,' ".~.,:remalr;i.' open for sixty (60) days atter the day. of
Bidt, " ~ltl~,.~{~~,,_.'.Bidder will sign and deliver, t9 the;~CITY, the
Aqreeiertt:"and.< subinit the contract.' Security,.., Insurance 4
certificates' and".other documents required' by, the Contract "~
Documents within. fifteen days after. the date of OWNER'S ..
Notice of Tentative Award. If Bidder should:. tail to sign I
the Aqreement and deliver it to the-CITY' alonq. with the 'I
Contract Security, Insurance Certificates and. other dOcu-'
ments within said perj,Jd, the CITY shall have the power to
rescind said award and also retain for' the CITY the Bid
Security accompanying the proposal which shall become
I forfeited as. li~uidated damages.
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3. In sUbmitting this Bid, Bidder represents, as lnore fully
set forth in the Agreement, that:
a. Bidder has examined copies of all the Contract
Documents and of the fOllowing addenda:
Number Date Numbe.r Date
1 7/13/94 I
receipt of all of which is hereby acknowledged . and
also copies of the Advertisement for Bids and the j
Instructions to Bidders;
, ,
Bidder has e;camined' the site:' and locality where the ,
b.
Work is to, be performed, "_th~,.'leg~l,, requirements
(federal, state and local laws,., ordinances, rule~and'
regulations) and the conditions,:'; affecting c'bst,
progress or performance of the Work" and, has made such <
independent investigations as Bidder-' deems" necessary.' , ,
1
~,;'i';''', .~~:'.: 'J
- This Bid is genuine and not made~in.', the interest of ... ~
c. j
or on behalf of. any' undisclosed.: p,erson,;".; firm or .(
corporation and is, not submitted~\ in,,: confoz1nity with
any agreement or rules. of any group,.., association,
organization or corporation;', Bidder has:'not, directly'
,or. indirectly induced. or. solicited:.., any\::,other., Bidder
to,' submit-a' false or sham. Bid;,.:\B.idder has:\i~not.; s01ic- _
ite(i} ort induced any person,; firm;or;~-a;__.corporation to-
"r refraj.,n;,'from. bidding r and.;. B,idde;:~-"has::,~not,~.sought by
-}';:ollu,ston",~ to obtain for -himself':."J,.anYi', advantage: over
;;anY.t,9't;l1eJir}Bidder or over thEl'" CJ:TYl-no~ official. of, the
, -CIT~;?i.:9;::/any person in, the: employ/:'of,~::~,the-;, CITY is
~\a,',.;.dit:~;~:~..ly;;;or indirectly interested',.in saic:t\:bid..or in
,i}!f~.t.~:;;the~r~}lJ?Plies of work to which. i~~.rela:t:es"~.),,,or in any. ,>
'~r ";_l),far~O;~i,()f;the' prof its thereof ~\." ,~"',,~i;,::'";'>:" . .
,~. ;~J~!~~i~~;;; .\. · .// ,<,yt, .... '.
J;r'l1i~in~~nd:e';~ot' this page left 'blank~ ,inten~ionailYl'
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4. Bidder will complete the Work for the following prices:
SCHEDULE OF BID PRICES
Bid
Item
liQ;,." Description Lump Sum.
1. Generator Enclosure $ 26,303.40
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Total EV~, '~'~~~~C1"'Bid'., ' $ 26,303.40
Bid Item~;~\l:;: (in numbers) 1
Total Evaluated Bid Twenty Six Thousand Three Hundred Three
i
Bid Item 1 (in words)
Dollars
Forty
Cents
P-3.1
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5. Bidder agrees that the Work will be substantially complet-
ed within 60 calendar days after the date when the
Contract Time commences to run, and completed within
30 calendar days after the date of Substantial
Completion.
I
Bidder accepts the rrovisions of the Agreement as to
liquidated damages in the event of failure to complete the
work on time.
6. The undersigned agrees as follows:
Accompanying this proposal is a certified check, cashier's
check or bid bond (5% of total Bid Price) meeting the
requirements of the Contract Documents for $
payable to the city of.. Delray Beach which is to be
forfeited if, in the event that this Proposal is
accepted, the undersigned shall fail to execute the
contract and furnish satisfactory Contract Security, and
furnish insurance certificates under the conditions.:: and
within the time specified in the Ins~ructions to Bidders;
otherwise, said certified. check, cashier' s check or; bid
bond is to be returned as provided herein. .
" 7. Communications concerning this Bid shall be addressed to
the Bidder as indicated below.
'8. The terms used in this Bid which. are defined in the
General Conditions of the Construction Contract included
as part. of the Contract Documents: have the meanings
assigned to them in the General Conditions.
Submitted on July 20, 1994 .
a. ) (If an individual, partnership, or non-incorporated
organization)
,',' .~, ,'l, ' ' ,
If:;:~:::..'i;(~;:~-.' . Signature of Bidder
~"t.~I"~')t" '
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. ., . ~,.. ~ '>\ , By
G~.~r:'
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,"7"1:"..._..,,"-: Address of Bidder
b. ) (If a corporation)
. . ~ s~uc~n. Inc.
Signature C" f Bidde ~'( A. ~ ./~.
Corporate Seal By Paul V. Malanaphy, President
-
I Address of Bidder 19781 118 Trail South
,J
Boca Raton, Fl 33498
P-4 ,-
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Incorporated under the laws of the state of -E ida .
c. ) Certificate of Competency number CGC 038415 .
d) The names of the corporate officers, or partners, or
individuals doing business under trade name, is as
follows:
Paul V. MalanaEhy - President
John Miele - Vice Pr0sident
Lorraine Malanaphy - secret~~ ~
Signature of Bidde ~I/. ~
By Paul V. Malanaphy
Name
President
Title
,.
Business Address 19781 118 Trail South
.
Boca Raton, Fl 33498
;--,
Incorporated under the laws of the state of Florida .
(Rem~inder of this page left b1an~ infentionallYl .
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DIESEL
EXHAUST
UNIT
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DEVICE
OUTDOOR
FEN CEO
ENCLOSURE
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M E M 0 RAN DUM
TO: DAVID T. H~ITY MANAGER
THROUGH: JOSEPH SAF NANCE DIRECTOR
FROM: JANICE SLAYZK, BUYER ~
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
AUGUST 2, 1994 - AWARD UPGRADES TO EXISTING
PUMPS - EMERGENCY PURCHASE.
ITEMS BEFORE COMMISSION:
The City Commission is requested to make a sole source award
to Southeastern Pump Corporation for a total cost of
$15,389.00.
BACKGROUND INFORMATION:
The Environmental Services Department is needing upgrades to
existing Peabody Barnes Pumpsz This will solve operationa.1
problems experienced with the new Master Booster Pump
Station and upstream lift stations 18 and 101ZlA.
Southeastern Pump Corporation is the sole distributor of
these pumps in South Florida.
RECOMMENDATION:
The Environmental Services to( Purchasi ng Office recommend
awarding the purchase of the pumps to Southeastern Pump
Corporation at a total cost of $15,389.00.
Attachments:
Memorandum from Environmental Services
Quote from vendor
Sole Source letter from Barnes Pumps, Inc.
ee: Richard Hasko, Environmental Services
"8.Q.~.
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.
-,
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Agenda Item No.:
AGENDA REQUEST
Date: July 18, 1994
Request to De placed on:
x Regular Agenda Special Agenda Workshop Agenda
When: August 2 . 1994
Descript~on of agenda item (who, what, where, how much):
Award upgradpR.. tn F.xisting Pllmps - F.mprgpnry PllrrnrlSP -
Snllt'hPrl~tprn Pllm~ C'ot'poratioR total COilt ~15.3e9 00 _
For Environmenta Services Dept. - L.S. #18.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend awarding to Southeastern Pump Corporation
at a total coot of ~15. 389 00
Department Head Signature:
Determination of Consistency
i
-.
~
J
City Attorney Review/ Recommendation (if applicable): ..
-,
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ 0
Funding alternatives: 5
\ Account No. & Description.
Account Balance: t a~)~cg
/'
City Manager Review:
r; tN
Approved for agenda: &NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'. ,
,
...\:.)r.o:.......,'-.>....... Uc.L.-!'<HI t:\t:.HL,HI'IHlr'~I. ~::::i(t-'111 JUL ld '\j4 11:4~
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Ll 01 \ 1?J4-- \q L( q
fM ~ ~ David T. Harden
City Manager
DATE: June 30, 1994
RE: IN-LINE MASTER BOOSTER PUMP STATION PN 90-005
As rou are aware, we have been working with Professional
Eng neering Consultants, Inc. towards a solution to the
. operational problems we have experienced with new Master
., Booster Pump Station and upstream lift stations 18 and
100A. Adjustments to the computer software controlling
the new booster station were installed in the system on
July 22 with no positive results.
We are currently awaiting receipt of a supplemental
recommendation from P.E.C. which will conclude that the
system problems are a result of undersized pumps in
stations 18 and'100A. In brief, the current 11.2 HP pumps
in 100A should be upgraded to 15 HP, and 15 HP ~umps in 18
should be changed to 30 HP. The proposal will consist of
removal of the 15 HP pumps in 18 and reinstallation in
100A. this can be accomplished with no significant impact
on the existing electrical service or panel wiring. New
30 HP pumps will be required for station 18. Due to the
magnitude of the increase in pump size, the control panel
and FPL electrical service will have t.o be modified to
accommodate the increased power requirements for the
longer pumps. Piping in the rehabilitated wet well of
station 18 will also require modification to meet the
disoharge diameter and dimensional requirements of the
larger pumps.
In the interests of time, we would like to perform the
necessary station modifications with city maintenance
personnel. To that end, the attached memo from Bob
Bullard itemizes the additional costs involved with
accomplishing the necessary station revisions. The total
additional expense is approximately $23,000.00. It should
be noted that prices shown on the attached memo are as
quoted to the city for materials only. Performance of the
work by the contractor will most certainly result in
higher costs and additional time loss. Also, the attached
pricing does not include the FPL charge for upgrading the
electrical service to LS 18. We are awaiting advice from
FPL on this cost.
DELRRY BERCH MRINT. 257 P02 JUL 12 '94 11:50
4i1 (~....S ( 544
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Page 2 - IN-LINE MASTER BOOSTER PUMP STATION PN 90-005
Funding is available for this expenditure in the 1991
Water & Sewer Bond under account #447-5166-536-60.31,
Master Sewage Lift st. - Bldg. (budget transfer attached).
Due to the critical nature of the time element involved, I
am requesting your approval of the forestated expenditure
on an emergenoy basis, so we can purchase the necessary
materials and complete the system modifications as soon as
possible. Please indicate your authorization by signature
below.
. Should you have any questions in this regard, please
contact me at ext. 7303.
Approved: !l~~ _
David T.Harden'
City Manager
RCH;jr
ATTACHMENT
co: W. Greenwood
H. Wight
R. Bullard
J. Safford
'. ' ~-. .,..," -
'.;.,\.>';a,~1 ~~ \-.11:;;-: iJ ~ ::;05 781 8434 5 E P C 0
Ell
SEPCO
~;O(j 1I-1~M;H "N I', IMI' l.Olll'
I' () ItO~ i (JIll?: (1 II.\JlJl /1l/1< (I 4,t-i1i'
tlf'''''' \:l(l"j/(11 Ot.V(J PI-1MB' 11,1.(1/'/,': I',', July 35 1994
"f,1 H (30~' I fU, 1 9~,.!: 'A, ,,~'~'I ,;:. r4,! DATE;
.... "....' '-- . ..... .
TO :CITY OF J>}<~LRAY _ BEACH PURCHASING DEPT FA); # 407/243~7,166
.- -'.. -......--....- --.-..- .. ._--~_... '.- .
Attention: Jan Slazyk
~.._.__.-_._._.- _.___.......l.... "--- . ..'--_.. .
From: John VlastoB TOTAl. PAGf:S: ..,-L-_
-"" _.... .._._--~....._-- - - -
RE: I.lFT STATION In 8
Regarding your request for a price quotation for (3) BAF-6,
(6) 2"x20' stainless steel guide rails and (2) 6SE30044J.,
30 Hr Sewage Submersible Pumps. we are pleasad to quote you the
following:
Rl<:Q #26458 3 - BAY-6 slide away couplings $ 2,874.00
6 - 2"x20' st.steel pump guide rails 1.170.00
Change lhe control pane] from 15 UP
230/3/60 to 30 HP 460/1/60 3,975,00
$ 8,019.00
REQ tl26457 2 - 6SE30044L, 611 Sewage Submersible
Pumps, 30 HP, 460/3/60, 1750 RPM.
30' cable, fu)l size impell~r.
Each $ 3,685.00 $ 7.370.00
,
F.O.B.~Ft. Lauderdale. our warehouse
Price is valid for 30 days from above dat~.
TSKee are not included.
Net 30 days from date of invoice.
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~ ~~~~~!"~MPS. INC.
March 7, 1994
Southeastern Pump Corp.
P.O. Box 100727
Ft. Lauderdale, Ji'L 3 3 3 10
Mr. John Vlastos
Ref: Exclusive Municip~l Representative (DIBtributorRhip)
.
Dear John;
Plea5~ be advised that the purpose of this letter io to
confirm that Southeastern Pump Corporation has been
identified as Barnes Pumps Inc. exclusive distributor for the
brands of Barnes-Crown-Enpo pumps for the municipal market.
The cdunlies included are as listed:
Indian River Palm Beach
SL. Lucie Broward
Okeechobee Dadp.
, Martin Monroe
Should any additjonal information be required do plca~e give
us a c~]l.
.
As always John we thank you for the continued excellent
service you provide to our customers. We truly value you and
{llU....staff.
\
Sincere
-- ....
az
B M~nager
'- ,
cc: J. Veerlinq
D. Morril:i
1485 Lexinolon Avenue . M8n~li9ld. Ohio 44907 . TtlleohonA 4HI.774.1~11 . j:..lf .41Q-??.4.1"~n
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City of Delray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date J u 1 y 29 t )994
(3) Interfundllnterdepartmental Transfer (4) Batch Number
(5) Requested By: Joseph Safford, Director o~___!~_~_~.nd
(6 ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
I 15,389
447-0000-361-10.00 Interest Earnings
447-5166-536-60.31 Master Sew. Lift St. 15,389
Building a.count
(10) TOTAL 15,389 15,389
JUSTIFICATION:
needed to u rade the existing pumps at the
the Cit Commission on
Department Head Asst City Manager
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period _ (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK...OEPARTMENT
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~TY MANAGER
SUBJECT: AGENDA ITEM # '8./-1. - MEETING OF AUGUST 2, 1994
CONTRACT AWARDS AND ARCHITECTURAL AGREEMENT/HISTORIC
MARKER AT JAMES/BRIGHT PARK
DATE: JULY 29, 1994
This is before the Commission to award construction contracts and
approve an agreement for architectural services in connection
with upgrading the historic marker located at James/Bright Park
on N.W. 5th Avenue. This marker commemorates five historic
sites: School No. 4 Delray Colored, 1895; Greater Mt. Olive
Missionary Baptist Church, 1896; St. Paul AME Church, 1897; Free
and Accepted Masons Lodge 275, 1899; and St. Mathews Episcopal
Church, 1911.
Architectural services will be provided by EDRC Architects, Inc.
for $1,200 plus reproduction expenses. The contractor for Phase
I, Alpha Ultra, Inc. , will install the planters, landscaping,
electrical, etc. , for $16,270. The Phase II contractor, Palmeri
Construction Co. , Inc. , will provide for the completion of the
art work or detailed signage for $15,590.
Recommend award of the contracts and approval of the
architectural agreement to upgrade the historic marker at
James/Bright Park, with funding from Community Development -
Recreation Improvements (Account No. 118-1962-554.63-40) .
,
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: July 27, 1994
Regular Agenda
Special Agenda
Workshop Agenda
xx Consent Agenda When: August 2, 1994
Description of item (who, what, where, how much) : B.J. James & F.
J. Bright Park Historic Marker, located on N.W. 5th Avenue
Phase I: Alpha Ultra-Contractor-$16,270.00
Phase II: Palmeri Construction Co.-Artistic Design-$15,590.00
Architectural Services-EDRC Architect-$1,200.00
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:RECOMMEND APPROVAL OF B. J. JAMES & F. J. BRIGHT
PARK HISTORIC MARKER ARCHITECTURAL AGREEMENT & CONTRACTS AWARDS
FROM ACCOUNT #l18-1962-554-63.40
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55).
Department Head Signature: ~ I&:<~/~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: YES/NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: ~~ ~~e/locJ.d~
Approved for agenda: E VNO /-}-~~ ,
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
,
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: July 27, 1994
Regular Agenda
Special Agenda
Workshop Agenda
xx Consent Agenda When: August 2, 1994
Description of item (who, what, where, how much): B.J. James & F.
J. Bright Park Historic Marker, located on N.W. 5th Avenue
Phase I: Alpha Ultra-Contractor-$16,270.00
Phase II: Palmeri Construction Co.-Artistic Design-$15,S90.00
Architectural Services-EDRC ArChitect-$1,200.00
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:RECOMMEND APPROVAL OF B. J. JAMES & F. J. BRIGHT
PARK HISTORIC MARKER ARCHITECTURAL AGREEMENT & CONTRACTS AWARDS
FROM ACCOUNT #118-1962-554-63.40
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55).
Department Head Signature: ~Ar-~~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: ~ NO
Funding alternatives: ~
Account No. & Description:
Account Balance: ~2>
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
"
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M E M 0 RAN DUM
July 27, 1994
To: David Harden, City Manager
From: Dorothy Ellington, Community Development coo~nator fj~
Thru: Lula Butler, Community Improvement Director
Subject: B. F. James/Frances J. Bright Park Historic Marker
Construction Bid Award
Architectural Agreement
Items Before the Commission
This is to request the awarding of contracts to low bidders in
connection with the upgrading of the Historic Marker located at
James/Bright Park. We are also requesting approval of an
agreement with EDRC Architects who have provided the
specifications and will serve as construction supervisors for the
project.
Backqround
In July, 1992, we were asked by members of the community to
provide for the improvement of B. F. James/Frances J. Bright Park
located on NW 5th Avenue. The City-owned park is the site of a
marker commemorating five historic sites: School No. 4 Delray
Colored, 1895; Greater Mt. Olive Missionary Baptist Church, 1896;
St. Paul AME Church, 1897; Free and Accepted Masons, Lodge 275
1899; and St. Mathews Episcopal Church, 1911.
Since 1992, the Community Improvement Department has worked with
community members in an effort to move the project forward. Upon
identifying a funding source, specifications and architectural
drawings were developed and bids were requested.
Because of the artistic nature of the project, the Architects
suggested that 2 contracts in 2 phases be awarded for this
project: one to a general contractor who would install the
planters, landscaping, electrical etc. , and another award to a
company capable of providing for the completion of the art work
or detailed signage.
Bid opening was held on July 13 with Alpha Ultra providing the
low bid for Phase I (General Contractor) and Palmeri Construction
Company providing low bid for the artistic Phase II.
.
Recommendations
Staff recommends awarding bids/contracts as follows:
Architectural Services: EDRC Architects - $1200 plus
reproduction expenses.
Phase I Contractor: Alpha Ultra Inc. $16,270
Phase II Contractor: Palmeri Construction Co. Inc, $15,590
,
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 94-41
APPLICANT: B. F. JAMES & F. J. BRIGHT PARK DELRAY BEACH
PROJECT ADDRESS:
DATE OF BID LETTERS: JULY 8, 1994
DATE OF BID OPENING: JULY 13, 1994
PHASE I PHASE II
NAME OF CONTRACTORS AMOUNT OF BID AMOUNT OF BID
ALPHA ULTRA INC. $16,270.00 $
BRIGHT IMAGES $ $19,750.00
BOYLE CONSTRUCTION $24,757.00 $
INTERCONTINENTAL CON. CORP. $19,500.00 $
PALMERI CONST. CO. INC. $25,425.00 $15,590.00
IN - HOUSE ESTIMATE: $19,336.00
CONTRACTOR AWARDED CONTRACT: (PHASE I ) ALPHA ULTRA INC.
(PHASE II) PALMERI CONSTRUCTION CO.
BID/CONTRACT AMOUNT: $16,270.00 (PHASE I )
$15,590.00 (PHASE II)
COMMENTS: Two separate contracts are being awarded for the Two
Phases representing low bids for each Phase
,
AGREEMENT BETWEEN THE CITY OF DELRAY BEACH
AND EDRC ARCHITECT, INC.
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement" )
made and entered into by and between the CITY OF DELRAY BEACH,
a municipality duly organized by the laws of the State of
Florida, hereinafter referred to as the "CITY" and EDRC,
architects duly licensed and existing by virtue of the laws of
the State of Florida, having its principal address as 25
Seabreeze Avenue, Delray Beach, Florida 33483, hereinafter
referred to as "CONSULTANT";
WITNESSETH:
WHEREAS, it has been determined that enhancement of the
Marker at B.F. James/Frances J. Bright Park, commemorating the
historic significance of five (5 ) sites within the City of
Delray Beach, would contribute to public awareness of the
existence of the Marker; and
WHEREAS; the parties now enter into this agreement for the
purpose of facilitating the enhancement to the Historic Marker
located at B.F. James/Frances J. Bright Park, the CITY and the
CONSULTANT mutually agree as follows:
1- STATEMENT OF WORK
a) The CONSULTANT shall provide:
i) a park design for approval by the Historic
Preservation Board.
ii) construction documents comprised of
drawings and specifications sufficient for bids and
construction.
iii) a preliminary estimate for the metal work
panels.
iv) a review of shop drawings of the panels.
v) limited construction supervision consisting
of three site visits during construction.
vi) review and certification of the amounts due
the Contractor based on the Contractor's application for
payments.
vii) recommendations for approval or rejections
of the Contractor's work.
,
,
viii) preparation of change orders and con-
struction change directives with supporting documentation and
data if deemed necessary by the CONSULTANT, for the CITY's
approval and execution in accordance with the contract
documents, and authorization for minor changes in the work not
involving an adjustment in the contract sum or an extension of
the contract time which are not inconsistent with the intent of
the contract documents.
b) The City shall provide:
i) construction documents for the design, cost
estimate and construction s~pervision of the landscaping.
ii) construction estimate for the planters,
slab and pavers based on the documents prepared by the
CONSULTANT.
iii) advertisement and supervision of the
bidding.
iv) weekly construction supervision and
monitoring for federal compliance.
2. FEES
Services described in Section l(a) of this agreement
shall be provided for the sum of One Thousand Two Hundred
Dollars ($1,200.00) plus reproduction and plotting expenses not
to exceed $500.00. The City shall pay $1,000.00 at the time of
issuance of the Contractor's building permit, the remaining
$200.00 shall be paid upon completion of the third site visit.
Services beyond what is described in Section l(a), except for
changes required for code compliance, shall be billed to the
City at Fifty Dollars ($50.00) per hour.
3 . RECORDS AND REPORTS
Prior to disbursement of payments, the CONSULTANT
shall submit invoices of sufficient detail to describe work
progress. No payment request shall exceed the value of work
and services performed by the CONSULTANT under this agreement.
4. OTHER PROGRAM REQUIREMENTS
a) The CONSULTANT certifies that no person shall,
on the grounds of race, color, national origin or sex, be
denied employment opportunity under this agreement. Such
action shall include, but not limited to the following:
employment, upgrading, demotion or transfer; recruitment
advertising; layoff or termination; rates of payor other forms
of compensation; and selection for training, including
apprenticeship. The CONSULTANT agrees to post in conspicuous
places, notices setting forth this non-discrimination clause.
2
,
,
b) The CONSULTANT certifies that it shall comply
with the provisions of the Copeland "Anti-Kickback Act" which
prohibits the inducement of" any person working on a federally
assisted construction project to "give up any part of the
compensation to which he is entitled under his contract of
employment".
5. ATTORNEY'S FEES AND COSTS
In connection with any litigation, including
appellate and post judgment proceedings arising out of this
Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees and costs.
6 . OTHER AGREEMENTS
No prior or present agreements or representations
shall be binding upon any of the parties hereto unless
incorporated in this Agreement. No modification or change in
the Agreement shall be valid or binding upon the parties unless
in writing, executed by the parties to be bound thereby.
7. MISCELLANEOUS PROVISIONS
A. Ownership Documents:
All reproducible mylar drawings and C.A.D. disks
in a format compatible with CITY'S Computer system shall be
given to the CITY. Details, design calculations, and all other
documents and plans that result from the CONSULTANT'S SERVICES
under this AGREEMENT shall become and remain the property of
the CITY, including copyright rights, whether the project is
completed or not, and will be delivered to the CITY upon
demand. CONSULTANT reserves the right to retain a copy of all
such documents for record purposes. Where such documents are
required to be filed with governmental agencies, the CONSULTANT
will furnish copies to the CITY upon request. The contract
work is represented by hard copy documentation; software, is
provided to the CITY for convenience only.
B. Copies of Documents:
The CONSULTANT shall prepare sufficient copies
of all documents necessary to obtain approval through the
City's processes, as well as other governmental authorities.
C. Litigation Services:
It is understood and agreed that CONSULTANT'S
services include reasonable participation in litigation arising
from this AGREEMENT. Litigation services shall be an extra
service at an hourly rate as indicated in the service
authorization.
3
.
D. Authority to Contract:
The CITY represents that it is a Florida
Municipal Corporation with the authority to engage the CONSUL-
TANT for professional services described in this Agreement and
to accept the obligation for payment for the services described
in this Agreement.
E. Assignment:
The CITY and the CONSULTANT each binds itself
and its successors, legal representatives, and assigns to the
other party to this AGREEMENT and to the partners, successors,
legal representatives, and assigns of such other party, in
respect to all covenants of this AGREEMENT subject to budget
considerations and requirements of law; and, neither the CITY
nor the CONSULTANT will assign or transfer their interest in
this AGREEMENT without the written consent of the other.
F. Confidential Information:
During all times that the CONSULTANT is employed
on behalf of the CITY and at all times subsequent to the date
of this contract, all discussions between the CITY and the
CONSULTANT and all information developed or work products
produced by the CONSULTANT during its employment and all
matters relevant to the business of the CITY not otherwise
being a matter of public record shall be deemed to be
confidential. All such information and work product shall be
protected by the CONSULTANT and shall not be revealed to other
persons without the express written permission of the CITY,
unless mandated by order of the court.
G. Non-Exclusive Contract:
The CITY reserves the right to award projects to
other firms pursuant to the Florida Statutes Consultant's
Competitive Negotiations Act during the period of service of
the CONSULTANT. The CONSULTANT agrees to cooperate with the
CITY and other firms in accomplishing work that may require
joint efforts to accomplish the CITY'S goals. This
cooperation, when requested by the CITY, will include but not
be limited to:
l. Sharing technical information developed under con-
tract with the CITY.
2 . Joint meetings for project coordination.
3. Establish lines of communication.
4
, '
.
H. Subconsultants:
In the event the CONSULTANT, during the course
of the work under this AGREEMENT requires the services of any
subcontractors or other professional associates in connection
with services covered by this AGREEMENT, CONSULTANT must secure
the prior written approval of the CITY.
1. Notices:
Whenever either party desires to give notice
unto the other, it must be given by written notice, sent by
registered United States mail, with return receipt requested,
addressed to the party for whom it is intended at the place
last written, as the place for giving of notice in compliance
with the provisions of this paragraph. For the present, the
parties designate the following as the respective places of
giving of notice to wit:
City of Delray Beach
City Manager
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Consultant
EDRC Architects
100 N.E. 5th Avenue, Suite B-1
Delray Beach, Florida 33483
J. Records:
Records of all expenses relative to this Agree-
ment shall be kept on a generally recognized accounting basis
and shall be available to the CITY or its authorized represen-
tative at mutually convenient times.
K. Personnel:
The CONSULTANT represents that it has or will
secure, at its own expense, qualified personnel required in
performing the services under this AGREEMENT. All work shall
be performed under the direction of a professional, registered
under the State of Florida in the field for which he is
responsible for performing such services.
L. Prohibition Against Continqent Fees:
The CONSULTANT warrants that he has not employed
or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or
secure this AGREEMENT, and that he has not paid or agreed to
pay any persons, company, corporation, individual or firm,
other than a bona fide employee working solely for the
CONSULTANT any fee, commission, percentage, gift, or any other
5
, '
consideration, contingent upon or resulting from the award or
making of this AGREEMENT.
M. Termination:
This AGREEMENT may be terminated by either party
by seven ( 7 ) calendar days prior written notice, in the event
of substantial failure to perform in accordance with the terms
hereof by the other party through no fault of the terminating
party. The CONSULTANT and the CITY shall also have a right to
terminate this AGREEMENT for convenience at any time by thirty
(30) calendar days written notice to either one or the other.
The CONSULTANT agrees to provide all documents to the CITY
(specifically those referenced in paragraph IX.A.). Further,
prior to the CONSULTANT'S destruction of any of the above-
referenced documents, the CITY shall be notified and allowed a
reasonable period to gain access to and make copies of any such
documents. Upon any termination of this AGREEMENT, the CONSUL-
TANT agrees that it shall use its best efforts to work
harmoniously with any successor who enters an AGREEMENT to
provide services for the CITY in order to provide for a smooth
transition period.
N. Indemnification:
The CONSULTANT will at all times indemnify, save
and hold harmless and defend the CITY, its officers, agents
(the term agents shall not include the contractor(s), any
subcontractors, any materialmen or others who have been
retained by the City or Contractor, or materialmen to supply
goods or services to the project) and employees, from and
against all liability, any claim, demand, damage, loss, expense
or cause of action and costs (including attorney's fees at
trial or appellate levels) arising out of error, omission, or
negligent act of CONSULTANT, its agents, servants or employees
in the performance of services under this agreement. The
CONSULTANT further agrees to indemnify, hold harmless and
defend the City, its officers, agents and employees from and
against any claim, demand or cause of action arising out of any
negligence or misconduct of CONSULTANT for which the City, its
agents, servants or employees are alleged to be liable. The
indemnifications contained herein shall survive the expiration
or earlier termination of this Agreement. Nothing in this
AGREEMENT shall be deemed to affect the rights, privileges and
immunities of the CITY as set forth in Florida Statutes 768.28.
O. Interest of the Consultant:
The CONSULTANT covenants that it presently has
no interest and shall not acquire any interest, direct or
indirect, in any Project to which this AGREEMENT pertains or
any other interest which would conflict in any manner or degree
with the performance of its services hereunder. The CONSULTANT
6
,
further covenants that in the performance of this AGREEMENT, no
person having such interest shall be employed.
P. Compliance with Laws:
The CONSULTANT shall comply with the applicable
requirements of State and applicable County laws and all Codes
and Ordinances of the CITY OF DELRAY BEACH as amended from time
to time, and that exist at the time of building permit
issuance.
Q. Jurisdiction; Venue:
The CONSULTANT hereby covenants, consents and
yields to the jurisdiction of the State Civil Courts of Palm
Beach County, Florida. Any dispute between CONSULTANT and the
CITY shall be governed by the laws of Florida with venue in
Palm Beach County.
R. Internal Dispute in Architectural Contract
Between Owner and Consultant:
The City Manager shall be the final decision
maker regarding internal disputes between CITY and CONSULTANT.
IN WITNESS WHEREOF, the CITY has caused these
presents to be executed in its name by its Mayor, and attested
and its official Seal to be hereunto affixed by its CITY Clerk,
and the CONSULTANT has hereunto set its hand and Seal the day
and year first written above.
CITY OF DELRAY BEACH, FLORIDA
By:
City Manager
ATTEST:
City Clerk
Approved as to Form:
CITY Attorney
CONSULTANT r 1
By:
Witness
(Seal)
Witness
7
.
. .
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this
_ day of , 1994 by
(name of officer or agent, title of officer or agent) of
(name of corporation acknowledging), a
(state or place of incorporation) corpora-
tion, on behalf of the corporation. He/She is personally known
to me or has produced (type of identi-
fication) as identification.
Signature of Notary Public
Print or Type Name of
Notary Public
8
,
I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: [2{t;~' MANAGER
SUBJECT: AGENDA ITEM # CjA - MEETING OF AUGUST 2, 1994
REPORT OF APPEALABLE LAND USE ITEMS
DATE: JULY 29, 1994
Attached is the Report of Appealable Land Use Items for the
period July 18 through July 29, 1994. It informs the Commission
of the various land use actions taken by the designated Boards
which may be appealed by the City Commission.
Recommend review of appealable actions for the period stated;
receive and file the report as appropriate.
~;fU
5-0
.
,
/'-M>~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: MANAGER
THRU:
ZONING
,
FROM:
SUBJECT: MEETING OF AUGUST 2, 1994
REPORT OF APPEALABLE LAND USE ITEMS
JULY 18, 1994 THRU JULY 29, 1994
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is review of
appealable actions which were made by various Boards during
the period of July 18, 1994, through July 29, 1994.
BACKGROUND:
This is the method of informing the City Commission of land use
actions, taken by designated Boards, which may be appealed by
the City Commission. After this meeting, the appeal period
shall expire (unless the 10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it prov ides
that the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may
file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item
on the next meeting of the Commission as an appealed
item.
PLANNING AND ZONING BOARD REGULAR MEETING OF JULY 18, 1994:
1. Approved (6 to 0) , with conditions, the preliminary
plat for The Antilles, a 12 unit townhouse residential
development located at the southeast corner of
Venetian Drive and Miramar Street.
2. Approved (7 to 0) , with conditions, the preliminary
plat for Barwick Ranch, a 28 unit single family
residential subdivision located on the west side of of
Barwick Road, north of Lake Ida Road.
.
.
City Commission Documentation
Appealable Items - Meeting of August 2, 1994
Page 2
The Planning and Zoning Board also considered the following
items which will be forwarded to the City Commission for final
action:
* Recommended approval (6 to 0) of the final plat for
The Antilles, a 12 unit townhouse residential
development located at the southeast corner of
Venetian Drive and Miramar Street.
* Recommended approval (7 to 0) of the final plat for
Barwick Ranch, a 28 unit single family residential
subdivision located on the west side of of Barwick
Road, north of Lake Ida Road.
* Recommended (7 to 0) transmittal of Comprehensive Plan
Amendment 94-2.
* Recommended (7 to 0) approval of a Comprehensive Plan
Text Amendment for the Silver Terrace Redevelopment
Area, located at the southeast corner of Old Dixie
Highway and SE 10th Street.
* Recommended (7 to 0) approval of a Future Land Use
Amendment from Transitional to Commerce, and an
associated rezoning from RM (Multiple Family
Residential - Medium Density) to LI (Light Industrial)
f or the Industrial Area located on the north side of
SW 10th A~euue, between SW 13th Avenue and SW 15th
Avenue. 6Itc.E.E -f
* Recommended (6 to 0) approval of a Future Land Use
Amendment from County LR-3 (Low Density Residential 3
units per acre) to City Medium Density Residential
(5-12 units per acre) and annexation with initial
zoning of RL (Multiple Family Residential - Low
Density) for a portion of Rockland Park Subdivision,
located on the west side of Military Trail, north of
Atlantic Avenue.
* Recommended (7 to 0) approval of a Future Land Use
Amendment from County LR-3 (Low Density Residential -
3 units per acre) to City Low Density Residential
(0-5 units per acre) and annexation with initial
zoning of R-l-A (Single Family Residential) for the
Lee Property, located west of Barwick Road, north of
Atlantic Avenue, on the north side of the L-33 Canal.
* Recommended (7 to 0) approval of a Future Land Use
Amendment from County CH/8 (Commercial High Intensity
with a residential equivalent of 8 units per acre) to
Ci ty General Commercial, and annexation with initial
zoning of GC (General Commercial) for a portion of The
Boys' Farmers Market, located on the east side of
Military Trail, north of Atlantic Avenue.
,
.
City Commission Documentation
Appealable Items - Meeting of August 2, 1994
Page 3
* Recommended (7 to 0) approval, with conditions, of a
Conditional Use for The Enclave at the Hamlet, a 9
unit zero-lot line residential development, located on
the east side of Greensward Lane in the Hamlet
Subdivision.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JULY 27, 1994
A. Approved (4 to 2), a color change for Crawford Garage
Doors, located on the southeast corner of SE 2nd
Avenue and SE 4th Street.
B. Approved (6 to 0) , elevations for a new commercial
structure at Culligan Water, located on the west side
of Federal Highway, north of NE 4th Street.
C. Approved (6 to 0) an elevation change for the Bremmer
Building, located at the northeast corner of Bond Way
and Federal Highway.
HISTORIC PRESERVATION BOARD:
The Historic Preservation Board did not meet during this period.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
, '
LOCATION MAP FOR
CllY COMMISSION MEETING
OF AUGUST 2, 1994
L-30 CANAL
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S.P .RAB. . P. & Z.:
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CI'IY LIMITS --.-.-.-- A. - CRAWFORD GARAGE DOOR 1. - THE ANlIWES
B. - CUlUGAN WATER 2. - BARWICK RANCH
I WILE I C. - BREMMER BUILDING
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SCALE
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CITY Of OE1.RA Y BEACH, FL
PlANNING OEPARllIENl
-- DIGITAL BASC AIAP SYS7aI --
,
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[IT' DF DELIA' BEA[H
DELRA Y BEACH
F lOR I D A 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243,700U
........
All-America City
" II J!
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~ Robert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM #9.8.CITY COMMISSION MEETING 08/02/94
BID AWARD MUNICIPAL GOLF COURSE
DATE: July 29, 1994
ACTION
City Commission is requested to consider a bid award for the
construction of a Municipal Golf Course Clubhouse to the low
bidder, O'Conner and Taylor, in the amount of $1,574,225.00,
including alternates 2, 3, 5a, 7 and 8. Funding to come from
Golf Course Clubhouse Building Account #445-4763-572-62.10.
BACKGROUND
On July 26, 1994, the City received bids from five contractors.
22 firms sent in pre-qualification information and 12 firms were
certified to bid.
The base bid for the contract includes construction of the
facility, installation of furnishing fixtures, carpet and
equipment to be purchased separately by the City, and a $25,000
contingency allowance.
Our staff has reviewed the bids and recommends acceptance of the
base bid, deduct alternates 2, 5a, 8 add on alternates 3 and 7,
and rejection of other alternates. This differs somewhat from
the architects recommendation to accept deduct alternates 1 and
5a, add on alternates 3 and 7, and rejection of other
alternates. The primary item generating a difference of opinion
is the roof deduct (slate shingles versus asphalt shingles) in
the amount of $57,865.00. Staff believes that because of
aesthetics and maintenance, this deduct should not be accepted.
A detailed analysis of the bids and alternatives is attached.
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS o;r;;:; (~
Agenda Item #
page 2
Total project costs per staff recommendation are as follows:
Construction Contract $1,574,225
Project Contingency 59,275
Demolition and Asbestos Abatement 22,300
Furniture and Fixtures (allowance) 200,000
Kitchen and Bar Equipment (allowance) 150,000
Phone/Computer (allowance) 15,000
China, Silverware, Glass (allowance) 20,000
Practice Green (allowance) 10,000
Sound System 17,200
Golf Bag Storage Racks 12,500
Surveying and Other Emergency Fees 12,000
Architect Professional Fees 192,500
Reimbursables 15,000
$2,300,000
Project costs could be reduced by accepting additional deduct
alternates, reducing contingency, and possible savings on
equipment and furnishing allowances. The allowance items have
not been bid at this time.
It is proposed to finance a principal amount of $2,525,000 at an
interest rate of approximately 6% for a 21 year term. This will
provide funding for the cost of construction, contingency, 1st
year debt service payments, debt service surety, and bond
issuance costs. Debt service has been structured so as not to
increase debt service over current levels, which include debt
service relative to the Goldstein Note and the 1992 Utility Tax
Issue (land purchase). (FY '93-'94 Goldstein Note payments =
$190,283, 1992 Utility Tax Issue = $182,760). A detailed pro
forma summary is attached. Each additional increase or decrease
of $100,000 in principal amount would result in an approximate
$8,386 per year in debt service.
Another financing option would be to fund the debt service
reserve and extend the life of the debt pay back to 23 years. A
copy of the pro forma for this financing option is also attached.
RECOMMENDATION
Consider award to the low bidder, O'Conner and Taylor, per staff
recommendations, in the amount of $1,574,225.
RAB:kwg
Attachments
File:grahamkw/agenda
Doc.:0802doc.002
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager ~
From: William H. Greenwood ~
Director of Environmental Services
Date: July 27, 1994
Subject: Agenda Request
Delray Beach Golf Course Clubhouse
Project No. 93-18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff request City Commission consider award a general construction
contract for construction of the new Delray Beach Golf Course
Clubhouse to O'Connor and Taylor. Inc., inclUding the acceptance of
bid alternates # 2, 3, 5a, 7 and 8, for a total construction cost
of $1,574,225.00 and a 310 day construction period.
The city went through a contractor pre-qualification process, in
which 22 contractors submitted documents for review. Following
staff review, 12 contractors were deemed to meet the criteria
established by the City. Of the 12 contractors able to bid, seven
opted not to submit bids. On Tuesday, July 26, 1994, five bids
were received by the city. Of the five bidders who submitted, one
failed to qualify due to incomplete documentation at bid time,
however this contractor was not the apparent low bidder. Attached
is a tabulation of the four bids which were received in proper
form.
The construction documents had 13 bid alternates which staff has
reviewed. Of these bid alternates, our recommendations increase
the cost of construction by $6,230.00 over the base bid of
$1,567,995.00 received by O'Connor and Taylor, Inc. , for a total
construction cost of $1,574,225.00. Following is staff reasoning
for the acceptance, or rejection, of the various alternates. See
attached alternate descriptions.
Alternate #1. shingle roof substitution: Accepting this deduct
alternate will in the opinion of staff detract from the overall
appearance of the project. Asphalt shingles, will require
additional maintenance over the life of the building, and they have
a propensity to accumulate mold and mildew which becomes very
unsightly in a relatively short period of time. The base bid
product will not have these concerns, therefore, staff recommends
this deduct alternate not be accepted.
Alternate #2. delete wood ceilinq in breezeway: Staff recommends
acceptance of this deduction for a savings of $2,375.00.
,
Alternate #3. canvas covered walkway: Staff recommends acceptance
of this add alternate since this bid price is very good and will
most probably be cost prohibitive at a future date. This added
cost is $13,225.00.
Alternate #4. seven month completion date: Staff recommends that
the construction stay at ten months and not spend the additional
$39,000.00 for a seven month construction period. We believe that
this accelerated schedule will result in defective and un-
acceptable quality of work which will potentially delay the project
anyway.
Alternate #5. wood molding: Staff recommends this deduct
alternate not be accepted, since this will have an aesthetically
detrimental effect on the project.
Alternate #5a. wood moldinq: Staff recommends acceptance of this
deduct alternate for a savings of $3,605.00.
Al ternate #6. wood base: Staff recommends this deduct alternate not
be accepted, since this will have an aesthetically detrimental
effect on the project.
Alternate #7. paint cart barn: Staff recommends acceptance of
this add alternate at a cost of $1,575.00, since this cost could
not be matched at a future date.
Alternate #8. outlookers: Staff recommends acceptance of this
deduct alternate for a savings of $2,590.00.
Alternate #9. lobby wood ceiling: Staff recommends this deduct
alternate not be accepted, since this will have an aesthetically
detrimental effect on the project.
Alternate #10. entry paver blocks: Staff recommends this deduct
alternate not be accepted, since this will have an aesthetically
detrimental effect on the project.
Alternate #11. tactile warninq strips: This deduct alternate will
not be allowed by code, so no action is required.
Alternate #12. extend completion date: This alternate provides no
savings to the project cost, but will extend the project to a 12
month construction period, and thus should not be accepted.
The above recommendations, if accepted by the City commission,
represent a total construction cost to $1,574,225.00
Funding is available for this project in the Golf Course Clubhouse,
Building Account # 445-4763-572-62.10.
cc: Jose Aguila
File 93-18 (D)
\ESD\9318\agmem802
,
DELRAY BEACH GOLF COURSE CLUBHOUSE
DESCRIPTION OF BID ALTERNATES
Alternate #1: Delete fiber-cement roof shingles and substitute
with asphalt shingles. (deduct)
Alternate #2: Delete wood ceiling at breezeway and patio area and
substitute with stucco finish. (deduct)
Alternate #3: Add canvas covered walkway on West side of Pro-shop
towards existing cart barn. (add)
Alternate #4: Change substantial completion time from 310 days
(10 months), to 210 days (7 months). (add)
Alternate #5: Delete wood mOlding cove. (deduct)
Alternate #5a: Delete perimeter wood molding cove around tray
ceiling. (deduct)
Alternate #6: Delete 1x6 wood base and substitute with standard
colonial wood base. (deduct)
Alternate #7: Paint golf cart barn. (add)
Alternate #8: Delete double 2x6 out lookers around roof overhang
and maintain only one. (deduct)
Alternate #9: Delete wood ceiling in entry lobby and replace with
painted wallboard. (deduct)
Alternate #10: Delete paver blocks at covered entry and replace
with asphalt paving. (deduct)
Alternate #11: Delete tactile concrete finish. (deduct)
Alternate #12: Change substantial completion time from 310 days
(10 months) to 365 days (12 months). (no effect)
esd\9318\lstaltnt
,
BID TABULATION
DELRAY BEACH GOLF COURSE CLUBHOUSE
PROJECT 93-018
July 26, 1994
Pioneer lCinrneL A.P. Junior Sea Land O'Connor &
Contracting Construction Construction TayLor
=============== --------------- =============== =============== ===============
---------------
Base Bid $1,715,000.00 * $1,633,000.00 $1,999,415.00 $1,567,995.00
----------------- .---------..---- --------------- -.------------- ----.------..--- ----------..----
ALternate #1 ($38,000.00) ($48,600.00) ($4,000.00) ($57,865.00)
ALternate #2 SO.OO ($1,050.00) ($1,300.00) ($2,375.00)
Alternate #3 $17,090.00 $15,800.00 $23,000.00 $13,225.00
AL ternate #4 $45,000.00 $70,000.00 $90,000.00 $39,000.00
ALternate #5 ($2,125.00) ($2,200.00) ($6,500.00) ($5,288.00)
AL ternate #5A ($2,850.00) ($2,400.00) ($6,900.00) ($3,605.00)
Alternate #6 ($350.00) ($1,800.00) (51,000.00) ($2,876.00)
Alternate #7 $3,500.00 $1,700.00 52,000.00 $1,575.00
ALternate #8 ($3,500.00) ($3,400.00) ($6,500.00) ($2,590.00)
ALternate #9 ($6,500.00) ($1,100.00) ($1,500.00) ($1,475.00)
ALternate #10 ($2,000.00) ($2,700.00) ($2,600.00) ($3,190.00)
Alternate #11 ($1,500.00) ($4,800.00) ($1,000.00) ($315.00)
ALternate #12 SO.OO SO.OO ($8,600.00) $0.00
(*) lCinrneL Construction did not submit aLL the required documents
at Bid time and was therefore disquaLified.
,
Dl~LRA Y BEACll Ml JNICIPAL GOLF CLUB
SCHEDllLE of ALTERNATES to LOWEST BID
^It No.! Iksuiption I Reulmm ! ^monnt Hl"as< illS Illr Rl"l'lllllllleIHbtilln !
[ i
I Delete fiber-cement and add asphalt enllation $ i I.arge deduct is !!.ood value engineering
m -
I.
I roof shingles accept $57,865.00 and asphalt shingles provide good value
..... j Delete wood ceiling ;It-b~~~~~ay and - -- -- --- -- -... -- engllleenng
2. The small deduct docs not equate to
pati(l_~~~as, and add cement rl~l~t_~L_ _ _ _r,eject $2,375.00 the loss of aesthetic value
--,----- - ----.------ ----,.--- ____._._u _
3. ^dd Covered Walkway accept $13,225.00 Low add is very good value engineering
and the walkway will tie the cart barn te
the main building, and act as a shelter
-- ._-----._---,_.~~------- -- - - --- '. -------' o.lIring!ain -- _________.. _________ ______u.'_
4. Change Contract Period from 310 to The benefits of earlier completion do
---,-- }IQ<::~~l1dar days .__._--~..- reject $39,000.00 _11~t~quate t.<::~I1..e.~igh_a~_ ____
5. Delete wood cove molding reject $5,288.00 Deletion of the molding would be very
detrimental to the quality appearance
of the interior
-'
Sa. Delete perimeter wood molding at With the perimeter molding around
tray ceilings accept $3,605.00 rooms, this is not necessary
6. Delete 1 "x 6" and add 4" standard col The small deduct does not equate to
onial base reject $2,876.00 the loss of aesthetic value
7. Paint Golf Cart Barn accept $1,575.00 Low add is very good value engineering
and color will tie into that of Main
Building
8. Delete double 2" x 6" roof outlookers Low add is very good value engineering
and add single reject $2,590.00 and the saving would not have equated
with the loss of aesthetic value
9. Delete wood and add gypsum wall The small deduct does not equate to
board ceiling at upper lobby soffit reject $1,475.00 the loss of aesthetic value
10. Delete interlocking paving at Porte The small deduct does not equate to
Cochere and add asphalt paving reject $3,190.00 the loss of aesthetic value, particularly
regarding first impressions of the club
11. Delete tactile warnings in concrete Although Federal law allows deletion
finish reject $315.00 Florida law will not
, - -- -------------.--.----
12. Change Contract Period from 310 to
365 calendar days reject $0.00 nla
~~ -- _u_ -~--_._---------- -- - ,~-~
CO~"":>vL+A~-\ qE LOI-\t-Ac:~()"~~
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DELRA Y BEACH MUNICIPAL GOLF CLUB
RECOMMr=<:r\lQA TIONDS for Ac=<=:EPTANCE or REJECTION of
BID ALTERNATES to the BID of O'CONNOR & TAYLOR and the
CONTRACf AMOUNT
Amou nt of the Base Bid $1,567,995.00
Alternates: -
--------_.._-~~- -Recommend ---~--_.- --.. -.., -----_._-_.~- --- ---
Alternate No. Add Delete
-"'-~----~-- .---.--- -- -.--- _._-~-,..-- -- --- --..._.- - .---- -
1. accept $0.00 ($57,865.00
2. reject $0.00 $0.00
3. accept $13,225.00 $0.00
4. reject $0.00 $0.00
5. reject $0.00 $0.00
Sa. accept $0.00 ($3,605.00
6. reject $0.00 $0.00
7. accept $1,575.00 $0.00
8. reject $0.00 $0.00
9. reject $0.00 $0.00
10. reject $0.00 $0.00
11. reject $0.00 $0.00
12. reject $0.00 $0.00
$14,800.00 ($61,470.00 ($46,670.00)
Recommended Contract Amount $1,521,325.00
Co~ SU l, -rfhJ-t ~ ( eM"{\ e Y\ clCA...l-D'f'
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DELRA Y BEACH MUNICIPAL GOLF CLUB
RECONCILIATION of ESTIMATE with LOWEST BID
Amount of lowest bid with recollllnended Alternates and a
Construction Contingency of $25,000.00 $1,521,325.00
Add:-
Project Contingency $10,000.00
Demolition and Asbestos Abatement $22,300.00
Furniture and Fixtures - ( Allowance) $200,000.00
Kitchen and Bar Equipment (Allowance) $150,000.00
Phone/Computers (Allowance) $15,000.00
China/SilvelWare/G lassware ( Allowance) $20,000.00
Practice Green ( Allowance) $10,000.00
Sound System $17,200.00
Golf Bag Racks $12,500.00
Surveying and other Engineering Fees $12,000.00
Professional Fees $192,500.00
Out of Pocket Expenses $15,000.00 $676,500.00
Total Estimated Cost of Project $2,197,825.00
Costs per Square Foot:-
Cost per s.f of Construction $92.54
Cost per s.f of overall Project Cost $133.69
C6~ SUL-+f)tJ~) lL8L 0 Iv\. 1'.,1,. E rll)~ ,~,,~
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l1li City of Delray Beach, Florida
, Utility Tax Revenue Improvement Bonds, Series 1994 (Golf Course Portion)
Sources and Uses of Funds
l1li Dated and Closed: June 1 J 1994
Sources
I Bond Proceeds
Par Value 46.80\ 2,525,000
II Original Issue Discount (32,173) 2,492,827
------------
Golf Course Project Fund Earnings 70,000
II -------------
2,562,827
-------------
-------------
II Uses
Projects
I 1992 Utility Tax Note n/a
1994 Utility Tax Note n/a
Golf Course Clubhouse & ContIngency 2,302,000 2,302,000
------------
I Capitalized Interest 149,685
I Surety 3,50\ 8,725
Underwriter's Discount 1.477\ 37,292
I Bond Insurance 0.400\ 20,178
Costs of Issuance 42,122
I Contingency 2,825
-------------
'I 2,562,827
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-------------
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II1II
II1II City of Delray Beach, Florida
Combined Utility Parity Debt Service
Allocation of Combined Gross Debt Service per Fund (Net of Cap Int)
II1II Golf Course
Payment ----------------------------------------------------------------
~ Date Series 1992 Series 1994 Total Annually
. ---------------------------------------------------------------------------
12/01/94 42,282 0 42,282
II1II 6/01/95 140,190 0 140,190 182,472
12/01/95 40,152 74,843 114,995
6/01/96 142,239 74,843 217,082 332,077
12/01/96 37,753 74,843 112,596
II1II 6/01/97 145,213 74,843 220,056 332,652
12/01/97 35,067 74,843 109,909
6/01/98 147,303 74,843 222,145 332,055
II1II 12/01/98 32,121 74,843 106,963
6/01/99 150,327 74,843 225,169 332,132
12/01/99 28,870 74,843 103,713
II1II 6/01/00 153,046 74,843 227,889 331,601
12/01/00 25,393 74,843 100,236
6/01/01 157,330 74,843 232,173 332,408
12/01/01 21,633 74,843 96,475
II1II 6/01/02 159,540 124,843 284,382 380,858
12/01/02 17,634 73,518 91,151
6/01/03 119,721 128,518 248,238 339,389
II1II 12/01/03 14,622 72,033 86,655
6/01/04 122,679 132,033 254,712 341,366
12/01/04 11,380 70, 383 81,763
II 6/01/05 125,407 135,383 260,790 342,553
12/01/05 7,817 68,563 76,379
6/01/06 129,008 138,563 267,570 343,950
12/01/06 4,030 66,568 70,597
II1II 6/01/07 132,982 141,568 274,549 345,147
12/01/07 64,393 64,393
6/01/08 279,393 279,393 343,785
-' 12/01/08 58,050 58,050
6/01/09 288,050 288,050 346,100
12/01/09 51,150 51,150
II 6/01/10 296,150 296,150 347,300
12/01/10 43,800 43,800
6/01/11 303,800 303,800 347,600
12/01/11 36,000 36,000
III 6/01/12 311,000 311,000 347,000
12/01/12 27,750 27,750
6/01/13 317,750 317,750 345,500
III 12/01/13 19,050 19,050
6/01/14 329,050 329,050 348,100
12/01/14 9,750 9,750
II
II
,
. 5Lo
.
. 6/01/15 334,750 334,750 344,500
12/01/15 0 0
6/01/16 0 0 0
12/01/16 0 0
l1li ___~~~~~~~_____________________________~______________--~________________~_
2,143,739 4,894,B05 7,03B,544 7,03B,544
[I ~======~===================================================================
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II1II City of Delray Beach, Florida
Utility Tax Revenue Improvement Bonds, Series 1994
Sources and Uses of Funds
II1II Dated and Closed: June I, 1994
Sources
II1II Bond Proceeds
Golf Course Portion
II1II Par Value 2,825,000
Original Issue Discount (37,671) 2,787,329
------------
d General Fund Portion
Par Value 3,185,000
Original Issue Discount (27,620) 3,157,380
II ------------
Golf Course Project Fund Earnings 70,000
-------------
II 6,014,709
-------------
-------------
Uses
II Projects
1992 Utility Tax Note 1,918,885
II 1994 Utility Tax Note 810,000
Golf Course Clubhouse & Contingency 2,302,000 5,030,885
------------
II Capitalized Interest 167,70?,
Debt Service Reserve 594,471
II Underwriter's Discount 1.346\ 80,887
[I Bond Insurance 0.400\ 44,732
Costs of Issuance 90,000
II Contingency 6,030
-------------
6,014,709
II -------------
-------------
II
II
II
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III City of Delray Beach, Florida
combined Utility Parity Debt Service
Allocat,on of Comb1ned Gross Debt Serv,ce per Fund (Net of Cap Int)
I Gol f Course
Payment ----------------------------------------------------------------
~ Date Series 1992 Series 1994 Total Annually
---------------------------------------------------------------------------
12/01/94 42,282 0 42,282
I 6/01/95 140,190 0 140,190 182,472
12/01/95 40,152 83,853 124,005
6/01/96 142,239 83,853 226,092 350,097
I 12/01/96 37,753 83,853 121,606
6/01/97 145,213 83,853 229,066 350,672
12/01/97 35,067 83,853 118,919
6/01/98 147,303 83,853 231,155 350,075
I 12/01/98 32,121 83,853 115,973
6/01/99 150,327 83,853 234,179 350,152
12/01/99 28,870 83,853 I 112,723
I 6/01/00 153,046 83,853 236,899 349,621
12/01/00 25,393 83,853 109,246
6/01/01 157,330 83,853 241,183 350,428
I 12/01/01 21,633 83,853 105,485
6/01/02 159,540 138,853 298,392 403,878 .
12/01/02 17,634 82,395 100,029
6/01/03 119,721 142,395 262,116 362,144
I 12/01/03 14,622 80,775 95,397
6/01/04 122,679 145,775 268,454 363,851
12/01/04 11,380 78,988 90,368
I 6/01/05 125,407 148,988 274,395 364,763
12/01/05 7,817 77,028 84,844
6/01/06 129,008 152,028 281,035 365,880
12/01/06 4,030 74,890 78,920
I 6/01/07 132,982 149,890 282,872 361,792
12/01/07 72,715 72,715
6/01/08 287,715 287,715 360,430
I 12/01/08 66,373 66,373
6/01/09 296,373 296,373 362,745
12/01/09 59,473 59,473
I 6/01/10 304,473 304,473 363,945
12/01/10 52,123 52,123
6/01/11 312,123 312,123 364,245
12/01/11 44,323 44,323
I 6/01/12 319,323 319,323 363,645
12/01/12 36,073 36,073
6/01/13 326,073 326,073 362,145
I 12/01/13 27,300 27,300
6/01/14 332,300 332,300 359,600
12/01/14 18,150 18,150
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6/01/15 343,150 343,150 361,300
I 12/01/15 8,400 8,400
6/01/16 288,400 288,400 296,800
12/01/16 0 0
I ---~~~~~~~-----------------------------~----------------~----------------~-
2,143,739 5,556,940 7,700,679 7,700,679
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Agenda Item No.
AGENDA REOUEST
Date: July 27, 1994
Request to be placed on:
X Regular Agenda
-- -- Special Agenda
Workshop Agenda When: August 2, 1994
Description of item (who, what, where, how much): Staff reauest
City Commission consider award a aeneral construction contract to
O'Connor & Taylor. Inc in the amount of their base bid of
$1.567.995.00. Dlus acceDtance of bid alternates # 2. 3 . 5a. 7 and
8. for an additional $6.230.00. for a total construction cost of
$1.574.225.00. for the construction of a new city of Delray Beach
Golf Course Clubhouse. located at 2200 Hiahland Avenue. Fundina is
available in the Golf Course Clubhouse. Buildina Account # 445-
4763-572-62.10.
ORDINANCE/RESOLUTION REQUIRED: Not Required
Recommendation: Staff recommends award of construction contract to
O'Connor and Taylor. Inc for $1.574.225.00. for construction of the
new Golf Course Clubhouse Droiect.
Department head signature: #~QA. .J/~ 0o/q~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds): ~
Funding available: YE /NO (if applicable)
Funding alternative
Account No. & Descr iption -1-f:.Nb I rJ6 ItPpeD \,A C-
Account Balance
city Manager Review: ~
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9318\agreq802
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- PROPOSAL
(BID FORM)
Proposal of O'Connor & Tavlor
(Contractor)
3892 Prosoect Ave. #7. \\e..c;t Palm RE>R,11. FT, 11404
(Address)
I
! to furnish and deliver all matsrials and to do and perform all
work in accordance with the C~ntract Documents for the Project
,.. . entitled:
DELRAY BEACH GOLF COURSE CLUBHOUSE
CITY OF DELRAY BEACH PROJECT NO. 93-18
To: Finance Director
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
1- The undersigned Bidder proposes and agrees, if this Bid is
accepted, to enter into an Agreement with the CITY in the
form included in the Contract Documents to complete all
Work as specified or indicated in the Contract Documents
for the Contract Price and within the Contract Time
indicated in this Bid and in accordance with the Contract
Document.
2. Bidder accepts all of the terms and conditions of the
Instructions to Bidders, including without limitation
those dealing with the disposition of Bid Security. This
Bid will remain open for sixty (60) days after the day of
Bid opening. Bidder will sign and deliver to the CITY the
Agreement and submit the Contract Security, Insurance
certificates and other documents required by the Contract
Documents within fifteen days after the date of OWNER I S
Notice of Tentative Award. If Bidder should fail to sign
the Agreement and deliver it to the CITY along with the
Contract Security, Insurance certificates and other docu-
ments within said period, the CITY shall have the power to
rescind said award and also retain for the CITY the Bid
Security accompanying the proposal which shall become
forfeited as liquidated damages.
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J . In submitting this aid, Bidda::- represents, as mere fully
~ forth in the Agreement, that:
a. Bidder has exa::1ined copies of all the Contract
Documents and of the following addenda:
Number Date Number ~
.1 7/1/94 4 7/22/CJ4
2 7/5/94
3 7/19/94
receipt of all of which is hereby acknowlec.ged. and
also copies ef 1:he Advertisement for Bids and -I., ..
'---" -
Instructions to Bidders;
b. 3idc.er has exa::tir:ed t~e site an~ .locality "here t:J. e
Werk is to '::e perfo=-:ned, t~e legal requi=e!!len~s
(fec.eral, state and. local la',.js / orc.inances, r~l=s and.
regulations) and t::e conditions - - .. cos,,:/
ar: t eCi:.l.!"'.g
pro<;ress or ~erfo~ance of the Work and has ~ade suo~
inde:::ende:l't: ir:'leSi:iga tions as aidder deems necessary.
c. T::.is aid :'5 C;=!:l.:.~::e and :-:ot :!lade in tl1e l.nte=~s-:. c:
or en tet.a:= c: a.:1'j t.::id':'5clc5ed s:e::-50~, :: i=:l ""'-
....-
ccr;::oration a::d :5 1".01: su=:n.i.~~=d in cc~::or:ni':,,! ""/i~~
any ag:=eemel1i:. 0::- r'..11e5 of ?::y group / asscci3.t:ion,
organizat:ion or corpora-:ion; Bidder cas no-: d.:.= ec": 1...,
or indirectly ir:d~ced 0::- sol.:.ci-:ed any oc::e::- 3:.c.c.e::-
to submit a false or sha:t'l Sid; aidder has rlc"t: solic-
ited or induced any pe.rson, f i.=::1 or a .... --
corpera...l.on '-....
refrain from bidding; and aidder has net sought ::y
collusion to obtain far hi.:nse.lf any advantage over
any o~~er Bidder or over ~~e CITY; no official of the
CITY or any person in ~~e emp lay of the C::TY is
directly or indirectly interesi:ed in said bid or in
the supplies of work to which i- relates, 0::- ; ... any
- '- -..
person of ~~e prcfits thereof.
(Remainder of ~~is page left bla~~ intentionally]
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4. Bidder will com:lete t~work Eor the following price~
Base Bid: /(fl7wJh v~~~4T~
Dollars ($ 1 . ~ . ve
Alternate Bid Items: The following Alternate Bid Items are
submitted in accordance with the Contract Documents, section 01019-
Contract Considerations.
Alternate No. 1 : Delete fi~:~~~~meli~ ~~ ~ and
~t~s~h~h~.~~es. ) .
Dolla s ($ 5'1)~~5'
{
Alternate No. 2 : Delete \olOod ceiling at breezeway and patio area
an~stitue.c~~t ~~ster (stucco) finish. Deduct
00 d Three Hundr ven y lve Dollars ( $...2....315
) .
Alternate No.3: Add r:overed walkway. Add
Ihirteen Ihoosand IWo Htmdred 'I\.enty ive Dollars ( $ 13,225 ) .
Alternate No. 4 : Change Substantial completion time from 310
-m'q~~s-n~}~~endar days. Add
Dollars ($ g9J oaf) ) .
,
Jil ternate No.5: .. D~e wood molding cove. Deduct
lVe Ihousaru:t lWo Hundred Eighty, . Dollars ($ J,288 ) .
Al~e~nate No. 5A~Delete pe~ter w~~~ cove around tray
ce1l1ng. Deduct fliL ~..s::w- :\Je,
Dollars ($ 5. (PDS . ) .
,
Alternate No. 6: Delete 1x6 Yf~o~~ Ift~1 Frn&~Mu;\ie ~" standard
Colonial wood base. Deduct ven y l.X
Dollars ( $ 2,~76 ) .
~ternate No.7: Paint Golf Cart Barn. Add
Thousand Five Hundred Seventy Five Dollars ($ 1,,)/5 ) . .
Alternate No.8: Delete double 2x6 outlookers and su.bsti
8 tkJ}'i1ff~ookers. Deduct Cho lL".....>LULd 5even Hurxtre<1 rorty !:'lve . I U7't)
5 0 ) .
yQ. Dollars ($ .~
Alternate No. 9: Del~te wood ceiling and substitute gypsum
wallboard finish at upper soffit in Lobby. Deduct
One Thnr l~nrl Four Hundred Seventv Five Dollars ($ 1,475 ) .
Al ternate No. 10: Delete interlocking pavers at =e cochere and
substitue asphalt paving. Deduct Thiee Thoosand One ed Ninety
Dollars ($:3,19) ) .
Alternate No. 11: Delete tactile (Detectable Warnings) concrete
finish. Deduct Thr~ Hundred Fifteen
Dollars ($ 31::> ) .
P-3
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::""., '," I . ,;;~~~)~~'l;a,:; -' ~,i";
...
.
Alternate No. 12: Change substantial completion time from 310
calendar days to 365 calendar days. Add or Delete (cross out one)
Dollars ($ 00 a-wrn ) .
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DELRAY BEACH GOLF COURSE CLUBHOUSE
GENERAL CONTRACTOR PRE-QUALIFICATION EVALUATION
PROJECT NO. 93-18
CONTRACTOR: O'Connor & Taylor
Four Years
Provided five
Provided two
American Bonding company
American Bonding Company
Provided
West Palm Beach, Florida
A-, IX
Has previous experience
Has previous experience, schools
..._, ".-, ...-. ...,.".--...---.".....,-.--...... .... ...
...-..,..".,..-....--,..,...,..-.-,...-.".,......-.-......,.....-.
,--.."..., ,......-.-..,.."...-....--....,-.... -.................
..-..'......'.......-.....'............-.............-............."...,
,", .... -.......................-... .-.......... .......-... -......
......................................-........................,.....
.....................................................-.....--... .
S~ERJ:N'1'ENDENmH..k..
.............-."."..........--."...-....--..'..."'......................
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.'tiIVriE.ri."'E.. .~t"'E. ........................................... d
.l:iA~n..L ,1'1\..>/ Goo resume
..'.".,...".'...."",...."..,.......
.... .,.".."......., ''''''''''..''''''''
.."'......,...'.,...,..,..,..,........,..,,..,..........,""
...'......'.".......'...,..,.,......,'.....'..,...,........
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.... ............ ...,..................................'.........'....
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.'.".',............,..'.....'.,..'....'.'...'..".'.'............
..'..".,.....,....... ......'.....".......,.........'..'..............
.. ... .'''' '...... ....................................................
...E}(;1?ERtENCEH..i..../............ Yes
............ ......... ...........................
. ..,..", ..
Yes
."".....,..."........ ........"....... .....".."..........
....'.......'............"..'............".'..........."'".............
. ". .......... '.... ..... ..." ...............""".........
........,...............,..,'........,........'.........'..,........
......................,................,.....,........,.....,.......
...\AN. &CUftt(ENTH
.....'...'........'....,..".,.....'...,................,...........
\L........I......T:IGATIQN> None indicated
..... .... ..".".........."......
...,..."..".......".....". '".. .."".."...... .....
...,.'..,...,......,'.......,..,......,.,.....,.."....'.,., .",.
..,....."'....,..,..,.....,...,......".,..",,...,...."..,.'..,...
........'......,...'.....'..,........'...,,'..,.......,.....,.'...
-....'...'....'............'...........'.........'......,.....,....
.................................,....,................,..........
..Aft'X'ttt'1ttGATION........>H>UU..
'.' '." '."" c.......... ......."'.,....... .....'..........
.... ..' ',..' ......'........".,'..,'....,',...."...."......
...p...1i;j;nm~...1'......................................................... N d t . d
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........",....,.,'...'...........',.....,..,......,'.,...."...."",..
..,.."..............,.,.,....'...,.."..'.....'..,....""'.....
.,........,'."...............,.."........,.........,......."....,.
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....'... ....................."........'........."......................
....,... ,..' '.... '... ..... ... .....".....'.... '..........
.WORKIN}PAStt'iiH.)) No
...,',.,.,.,.........,.',.........,...............
.."".."......", ".., ..... ".
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PAGE 2 of 2
Yes
Submitted and reviewed by Finance
527,078
208,690
Yes
378,470, yes
Corporation - 1990
65-0227350
N/A
Good
COMMENTS: The only concern at review time was the ratio of current
assets vs. liabilities. Upon review by the Finance
department, it was established that there was no reason
to be concerned.
REVIEWER: Jose Aguila
DATE: June 6. 1994
ESD\9318\GCRTNGFM
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{71, I
M E M 0 RAN DUM
TO: David T. Hard~Manager
THROUGH: Joseph M. Saf . ector of Finance
FROM: Jacklyn Rooney, Buyer 0/
DATE: July 25, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
AUGUST 02, 1994 - BID AWARD - BID #94-47
DEMOLITION OF GOLF COURSE CLUBHOUSE AND PRO SHOP
Item Before Commission:
The City Commission is requested to award the bid for the Demolition
of Golf Course Clubhouse and Pro Shop, contingent upon award of the
clubhouse construction, to the low bidder, Cushing Demolition, at a
cost of $13,000.
Background:
Bids were received on May 17, 1994, from eight (8) vendors all In
accordance with City purchasing p rocedu r'es . (Bid #94-47.
Documentation on file In the Purchasing Office.) A tabulation of bids
is attached for your review.
The Engineering Department has reviewed the bids and recommends award
to the low bidder, Cushing Demolition, per attached memo.
Per the specifications of this bid, the demolition of the pro shop
will commence approximately 7 - 10 months after the demolition of
clubhouse.
8.ecommendation:
Staff recommends award to low responsive bidder, Cushing Demolition,
at a cost of $13,000. Funding from the department's operating expense
budget, account no. 445-4763-572-66.~~.
{72-tD
At tachments;...
Tabulation of Bids
Memo from Environmental Services
cc: Jose' Aguila, Ass t . Construction Manager
Mr. Barcinski. Ass t . City Manager
~
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ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: Jacklyn Rooney
Buyer
From: Jos6 Aquila&:
Asst. Const tion Manager
Date: May 20, 1994
Subject: Golf Course Clubhouse
Demolition Bids
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I have reviewed the Tabulation of Bids for the referenced project
and based on the information provided, I recommend that the bid be
awarded to CUshing Demolition inrthe amount of $8,900.00 for item
"A" and $4,100.00 for item "B".
Please feel free to contact me if I can be of further help.
\9318\demobid
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I'IAV 17. 1994 CITY OF DELRAV BEACH
T~ TIctI OF BIDS
BID . 94-47
DEJtDLITIctt OF OOLF CD.RSE CL\.IlHOJSE
AND PRO SHCP
Page 1
1
, Cushing Cobra Inc. K&K Wrecking Corp Frederico
ITEM DESCRIPTIctI Demolition d/b/a Cuyahoga Equipment Co" Inc.
i T.T...",,..'\r.{na Corn.
I l.AOCR. AND
I A.
! mJIPMEHT TO 8,900.00 10,850.00 12,000.00 12,600.00
DEJ1)LISH
OOLF ca..RSE
CLlBiCUSE
B. l.AOCR. AND
EQUIPMENT TO 4,100.00 3,820.00 2,900.00 3,250.00
DB1JLISH
PRO SHCP
EXCLUSIONS: Acknowledged Acknowledged Acknowledged
C011EHTS/EXCEPTIOOS: No Shoring, Addendum 111 Addendum 111 Addendum 111
No Protection of
vegetation,
No Tree removal,
No Underground
tank removal,
No above tank
removal
Did not acknow-
ledge Addendum
111
.
. ..
.
Tabulation of Bids Cont....
Bid 1194-47
Page 2
I International L.E.B. Demolition Recreational
~ Paramount
: ITEM DESCRIPTlctl Salvage Inc. Engineering Inc. & Consulting Engr. Design & Canst.
I T....,..
r A. ~. AND
! EQJIPHEHT TO 12,990.00 14,817 .00 19,750.00 64,144.00
DEJ1)LISH
OOLF ca.RSE
Cu.etaJSE
B. LABeR. AND
EQJIPHEHT TO 3,990.00 5,931.00 2,800.00 17,806.00
DEJoOLISH
PRO SHOP
Acknowledged Acknowledged Acknowledged Acknowledged
C011EHTS/EXCEPTlctlS: Addendum tl1 Addendum 111 Addendum tl1 Addendum 111
,
, '
. , ~dIt..
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Joseph M. sa++o~ector of Finance
FROM: Janice Slazyk, Buyer CP
DATE: July 27, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
August 2, 1994 - Award Crowd Pleaser/Bathroom
Trailer Rental Municipal Golf Course
!. t ~m._ ~~t qr:. ~ __.~Qmm t?? !.QI} t
The City Commission is requested to award the bid for Rental
of the Crowd Pleaser/Bathroom Trailer at the Municipal Golf
Course, contingent upon award of the clubhouse construction,
to G.E. Capital, at a cost of $18,900.00 for one yea.....
~~!;.!~gr.::Q'4[lQI
The rental is fo.... a 12'x 42' bathroom trailer divided fo....
male and female use with handicapped accessibility. One
quote has been received from G.E. Capital. Two othe....
vendors were contacted, one company merged with G.E. Capital
and the other could not provide this type of trailer.
Bg!;Ql.!!l.!!gQQ~!;:.! gr.!.;..
Staff ....ecommends award to G.E. Capital, sole bidder, at a
cost of $18,900.00. Funding from account numbe....
445-4715-572-44.90.
a!;!;:~!;bl.!!g[l!;:?I
Tab Sheet
Memo from Assistant City Manager
cc: Mr. Barcinski, Asst. City Manager
Jose Aguila, Asst. Construction Manager
~
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,
.
[IT' DF DELIA' BEA[H
DElRA Y BEACH
f lOR IDA 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
......
AI~America City
, ~ III!
1993
MEMORANDUM
TO: Janice Slazyk, Buyer
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: BID AWARD RECOMMENDATION CROWD PLEASER RENTAL
MUNICIPAL GOLF COURSE
DATE: July 26, 1994
I have reviewed the one quote received to rent a crowd pleaser
at the Municipal Golf Course during construction of the club
house. I recommend award to G. E. Capital as follows:
Monthly Rental $1500/month @ 12 months $18,000
Set-up and Freight 600
Dismantle and Freight 300
Total $18,900
The rental is for a 12' x 42' bathroom trailer divided for male
and female use with handicapped accessibility.
Initial rental request is for 12 months, but will be contingent
upon the award of the Golf Course Clubhouse project by City
Commission and adjusted as needed. This item will need
Commission approval, with funding to come from Restaurant budget
account #445-4715-572-44.90. Delivery is needed by 8/5/94.
RAB: kwg
cc: Jose Aquila, Assistant Construction Manager/ARCH.
Brahm Dubin, Golf Course Manager
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
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BUD..OINO SIZE I 12x42 bathroom trailer I
MONnlLY LEASE RATBS
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11' to be ."lC8"x16" dry stack ~ bloclc piers puced on two 4"xI"xW Kllid concrete pa4s, abovt IfOUJld onl)',
Cuaiomer mUll elcher provide In In~ eertiticate rwniDc GE CIpiCII Modul", Space IS "Additional JnsUlCd IlId Lou Payee" for the lI/l1ount of the building
or IICCept !he damqe waiver opI\6n .hown above.
Uait must be tClWMd iD llJce cCsiIcsition IS when deliYffld(exct(lf Ix aonnal WeIT...o leV) Of CuStocnet will be responsible for aU repairs to bnns buildin& back
to ori&iMl ~ltiOl\. It IIl\lt DOt returned c;tCtlfl. . d~lnc char&e ofSlOO.OO wilt be assessed.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM 4t Cf C - MEETING OF AUGUST 2. 1994
CONDITIONAL USE APPROVAL/THE ENCLAVE AT THE HAMLET
DATE: JULY 291 1994
This is before the Commission to consider a request for
conditional use approval to establish single family detached
residences in a zero lot line development (The Enclave at The
Hamlet) . The subject property is located on the north side of
Greensward Lane within The Hamlet. It is zoned RL (Low Density
Residential) and contains 2.76 acres.
The development proposal involves the subdivision of five existing
lots into nine lots to accommodate zero lot line single family
detached homes. The existing lots were originally platted with
the intention of constructing conventional single family homes.
However 1 based on the present RL zoning and the current lot sizesl
each vacant lot could accommodate a duplex structure, resulting in
a potential of ten units. This conditional use approval will
reduce that potential to nine units.
The Planning and Zoning Board formally reviewed this application
and held a public hearing on July 18, 1994. The Board voted
unanimously to recommend approval, subject to the condition that a
subdivision plat be processed and recorded prior to issuance of
any building permits.
Recommend approval of the conditional use request for The Enclave
at The Hamlet (single family zero lot line development) 1 based
upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations and the policies of
the Comprehensive Planl subject to the condition that prior to
issuance of any building permits 1 the subdivision plat must be
processed and recorded.
-tH
ref: agmemo9 5'" - lJ
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO:
THRU:
~ d
FROM: A. COSTELLO
PLANNER
SUBJECT: MEETING OF AUGUST 2, 1994
CONSIDERATION OF A CONDITIONAL USE REQUEST TO
ESTABLISH SINGLE FAMILY DETACHED RESIDENCES IN A ZERO
LOT LINE DEVELOPMENT (THE ENCLAVE AT THE HAMLET) ON
THE NORTH SIDE OF GREENSWARD LANE WITHIN THE HAMLET
DEVELOPMENT.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Conditional Use request to establish single
family detached residences in a zero lot line development
(The Enclave at The Hamlet) on property zoned RL (Low
Density Residential), containing 2.76 acres.
The subject property is located on the north side of
Greensward Lane within the Hamlet development, which is
located on the south side of West Atlantic Avenue, between
Homewood Boulevard and Military Trail.
BACKGROUND:
The development proposal involves the the subdivision of 5
existing lots into 9 lots to accommodate zero lot line single
family detached residences. Also, the existing lake northeast
of the project will be expanded by 0.29 acres. The new
development will have its own association in addition to the
existing Hamlet Homeowner's Association. The proposed model
details have not been submitted, however, the sketch plan
indicates the proposed floor area of each home to be
approximately 3,600 sq. ft.
The existing lots were platted with the intention of
constructing conventional single family homes. However, based
upon the present RL zoning and the current lot sizes, each
vacant lot can accommodate a duplex structure, thus resulting in
a potential of 10 units. This conditional use approval will
reduce that potential to 9 units. Additional background and an
analysis of the request is found in the attached Planning and
Zoning Board Staff Report.
I
City Commission Documentation
Meeting of August 2, 1994
Single Family Detached Residences in a Zero Lot Line Development
(The Enclave at The Hamlet) - Conditional Use Approval
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of July 18, 1994, the Planning and Zoning Board
held a public hearing in conjunction with review of the request.
No one from the public spoke regarding the proposal, however,
one letter of opposition from an area resident was read into the
record. At the meeting, the applicant submitted copies of an
agreement signed by the developers and the Executive Committee
of the Hamlet Country Club, stating the associations support of
the project subject to certain conditions. Those conditions
have been incorporated into the plans. After reviewing the
staff report, the Board voted 7-0 to recommend that the
Conditional Use request be approved.
RECOMMENDED ACTION:
By motion, approve the Conditional Use request to establish
single family detached residences in a zero lot line development
(The Enclave at the Hamlet) subject to the findings and
conditions as recommended by the Planning and Zoning Board.
Attachment:
* P&Z Board Staff Report and Documentation of July 18, 1994
I
. .
PLANNING ANl, ZONING SOARL
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: July 18, 1994
AGENDA ITEM: V.G.
ITEM: Consideration of a Conditional Use Request for the Enclave at the Hamlet.
GENERAL DATA:
Owner....................Herbert L. Kramer
Agent....................Donaldson E. Hearing
Cot leur Hearing
Location.................On the north side of Greensward
Lane within the Hamlet Development,
which is located on the south side
of West Atlantic Avenue, between
Homewood Boulevard and Military
Trail.
Property Size............2.76 Acres
city Land Use Map
Designation..............Low Density Residential
City zoning..............RL (Low Density Residential)
Adjacent Zoning...North: RL
East: OSR (Open Space' Recreational)
South: RL
West: RM (Medium Density Residential)
Existing Land Use........Five (5) vacant lots
proposed Land Use........Subdivision of the existing 5 lots
into 9 lots to accommodate zero lot
line single family detached
residences.
Water Service............Available via service lateral
connections to existing 12" main
located within Greensward Lane.
Sewer Service............Available via service lateral
connections to existing 8" main
located within Greensward Lane.
V.G.
I T E M B E FOR E THE BOARD .
.
The action before the Board is that of making a recommendation to
the City Commission on a Conditional Use request to establish
single family detached residences in a zero lot line
development (The Enclave at the Hamlet). The subject property
is located on the north side of Greensward Lane within The
Hamlet development, which is located on the south side of West
Atlantic Avenue, between Homewood Boulevard and Military Trail.
B A C K G R 0 U N D :
The subject property incorporates Lots 3 - 7 of The Estates IV.
It contains approximately 2.76 acres and is located in the
Hamlet development, which was initially annexed into the City in
1971-
On January 10, 1984, the City Commission approved the final plat
for The Estates IV which was zoned RM-6 (Multiple Family
Residential - 6 units/acre) . The development proposal was to
construct 9 single family homes. Since the final plat approval,
4 homes have been constructed: two at the north end of the
subdivision (Lots 1 and 2) and two at the south end of the
existing subdivision (Lots 8 and 9) . The interior lots have
remained vacant.
With the Citywide rezoning of October 1990, the property was
rezoned from RM-6 to RL (Low Density Residential). On June 3,
1994, an application for Conditional Use approval was submitted
to construct 9 zero lot line homes. That request is now before
the Board for action.
PRO J E C T DES C RIP T ION :
The development proposal involves the the subdivision of 5
existing lots into 9 lots to accommodate zero lot line single
family detached residences. Also, the existing lake northeast
of the project will be expanded by 0.29 acres. The new
development will have its own association in addition to the
existing Hamlet Homeowner's Association. The proposed model
details have not been submitted, however, the sketch plan
indicates the proposed floor area to be approximately 3,600
sq. ft.
The existing lots were platted with the intention of
constructing conventional single family homes. However, based
upon the present RL zoning and the current lot sizes, each
vacant lot can accommodate a duplex structure, thus resulting in
a total of 10 units.
I
P & Z Board Staff ..dport
The Enclave at The Hamlet - Conditional Use Approval
Page 2
CON D I T ION A L USE A N A L Y S IS:
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.C.S.)
Pursuant to Section 3.1.1 of the Land Development Regulations,
prior to approval of development applications, certain findings
must be made in a form which is part of the official record.
This may be achieved through information on the application, the
staff report, or minutes. Findings shall be made by the Board to
approve or deny the development application. These findings
relate to the following four areas:
IFUTURE LAND USE MAP: I The use or structures must be allowed in
the zone district and the zoning district
must be consistent with the land use designation.
The subject property has a Future Land Use Map designation of
Low Density Residential and a RL (Low Density Residential)
zoning designation. The RL zone designation is deemed
consistent with the Low Density Residential land use map
designation. Pursuant to Section 4.4.5(D)(4), within the RL
zone district, single family detached residences in zero lot
line developments are allowed as a Conditional Use. Based upon
the above, it is appropriate to make a positive finding with
respect to consistency with the Future Land Use Map.
I CONCURRENCY: I Facilities which are provided by, or through, the
City shall be provided to new development
concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer:
Water - Water service is available via service lateral
connections to the existing 12" water main within Greensward
Lane. Adequate fire suppression is provided via existing fire
hydrants along Greensward Lane.
Sewer - Sewer service is available via service lateral
connections to the existing 8" main located within Greensward
Lane.
No main extensions and/or upgrades are required with this
development proposal.
Drainage:
The proposal includes expansion of the lake immediately north of
the subject property. In order to expand the lake, permits must
first be obtained from both the SFWMD (South Florida Water
Management District) and LWDD (Lake Worth Drainage District).
The majority of the drainage will be retained on the individual
lots. Preliminary engineering plans have not been submitted,
however there are no problems anticipated.
,
P & Z Board Staff .,clport
The Enclave at The Hamlet - Conditional Use Approval
Page 3
Streets and Traffic:
A traffic analysis was prepared indicating that an increase from
the approved 5 single family units to 9 units will generate 40
additional average daily trips. Based upon the RL zoning and
the current lot sizes, a development potential of 10 units (5
duplexes) can be realized, which would generate 50 additional
trips. The traffic generated by either of the above development
scenarios will not have an adverse impact on the level of
service standards along the surrounding roadway network or
Atlantic Avenue.
Parks and Open Space:
Pursuant to Section 5.3.2(C) (1), whenever a development is
proposed upon land which is not designated for park purposes in
the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling
unit will be collected prior to issuance of building permits for
each unit. Thus, an in-lieu fee will be collected and used to
provide public park facilities ($4,500.00 total).
Solid Waste:
Trash generated each year by the increase from 5 to 9 units (4
units) can be easily accommodated by existing facilities and
thus, will not be significant with respect to this level of
service standard.
I CONS I STENCY: I (Compliance with performance standards set forth
in Chapter 3 and required findings in Section
2.4.5(E) for the Conditional Use request shall be the basis upon
which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan
may be used in making a finding of overall consistency).
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
policies are noted:
Land Use Element Objective A-I - Vacant property shall be
developed in a manner so that the future use and intensity is
appropriate and complies in terms of soil, topographic, and
other applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
A. Physical Considerations - The property has previously
been disturbed for the purposes of future development.
There are no special physical or environmental
characteristics of the land that would be negatively
impacted by the proposed residences.
B. Complimentary with Adjacent Land Uses - The proposal
will be complimentary with the surrounding residences.
,
P & Z Board Staft Report
The Enclave at The Hamlet - Conditional Use Approval
Page 4
C. Fulfills Remaininq Land Use Needs - This area is
designated for low density residential purposes, which
this proposal will fulfill.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to
provisions of Chapter 3, the City Commission must make findings
that establishing the conditional use will not:
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located;
B. Nor that it will hinder development or redevelopment of
nearby properties.
The subject property is bordered on the north and south by the
RL zone district; east is zoned OSR (Open Space and
Recreational) and west is zoned RM (Medium Density Residential).
The existing land uses to the north and south are single family
residences; east is a lake and the Hamlet Golf Course; and, west
is Greensward Village Condominium.
As previously stated, based upon the RL zoning and the current
lot sizes, duplexes can be constructed on the existing lots,
thus accommodating a total of 10 units. However, this
development proposal provides for a quality development which
will be more compatible with the adjacent single family homes to
the north and south of the subject property and the area as a
whole.
In order to mitigate impacts on the existing single family
residences to the north and south, a landscape buffer is to be
provided between the development and the existing residences.
In addition, the proposed lots adjacent to the existing
residences are to be limited to a maximum height of no more than
1 1/2 stories. Also, there is a landscape buffer proposed along
Greensward Lane facing the condominium development to the west.
Thus, the development proposal will be an enhancement to the
area and will not have a detrimental effect on the adjacent
properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Along with the Conditional Use request, a sketch plan was
submi tted and reviewed by staff. Staff' s technical comments,
have been transmitted to the applicant and will need to be
addressed with the preliminary and final plat submittals. With
the final plat submittal, the proposed landscape plan, floor
plans and building elevations must also be provided.
,
, 0
P & Z Board Staff ndport
The Enclave at The Hamlet - Conditional Use Approval
Page 5
Based upon the submitted sketch plan, the proposal generally
complies with the development standards of the RL zone district
regulations as they relate to detached zero lot line homes.
OTHER I T EMS .
.
Subdivision Plat
The proposal involves the subdivision of previously platted
lots, thus, are-plat is required. On July 1, 1994, a
preliminary plat application was submitted. Action on this item
is tentatively scheduled for the August 15th Planning and Zoning
Board meeting. Once the preliminary plat is approved, a final
plat submittal will follow. It is noted that prior to issuance
of any building permits, the final plat must be recorded.
REV I E W B Y o THE R S .
.
The development proposal is not located within a geographical
area requiring review by the Downtown Development Authority or
the Community Redevelopment Agency.
Site Plan Review and Appearance Board:
If approval is granted for the Conditional Use, submittal of a
landscape plan as well as proposed building elevations and floor
plans will be submitted. The landscape plan and building
elevations will require review and approval by SPRAB (Site Plan
Review and Appearance Board).
Public Notice:
Normal public notice has been provided to property owners within
a 500 ft. radius of the subject property. Special Notice have
been provided to the Hamlet Homeowner's Association, Greensward
Village Condominium Association, PROD (Progressive Residents Of
Delray) and United Property Owners. Letters of objection, if
any, will be presented at the Planning and Zoning Board meeting.
ASS E SSM E N T AND CON C L U S ION :
The proposed use is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development
Regulations. Based upon the present RL zoning and the current
lot sizes, duplexes can be constructed on the existing lots,
thus accommodating a total of 10 units. The proposed
development of 9 zero lot line homes will comply with the
development standards of the RL zone district regulations as
they relate to detached zero lot line homes. This development
proposal provides for a quality development which will be more
compatible with the adjacent single family homes to the north
and south of the subject property and the area as a whole.
,
P & Z Board Staff neport
The Enclave at The Hamlet - Conditional Use Approval
Page 6
A L T ERN A T I V E ACT ION S :
1- Continue with direction.
2. Recommend approval of the Conditional Use request for The
Enclave at The Hamlet (single family zero lot line
development) based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development
Regulations and the policies of the Comprehensive Plan,
subject to conditions.
3. Recommend denial of the Conditional Use request for The
Enclave at The Hamlet (single family zero lot line
development) based upon a failure to make positive findings
with respect to Section 2.4.5 (E)(5) (Compatibility) and
Chapter 3, Sections 3.I.l(C) (Consistency) of the proposed
use with adjacent land uses.
R E COM MEN 0 E 0 ACT ION :
Recommend approval of the Conditional Use request for The
Enclave at The Hamlet (single family zero lot line development)
based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations and
the policies of the Comprehensive Plan subject to the following
conditions:
1. That prior to issuance of any building permits, the
subdivision plat must be processed and recorded.
Attachments: Location Map
Sketch Plan
JC/Y: PZHAMLET. DOC
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[IT' DF DELIA' BEA[H
DELRA Y BEACH
~ 100 N'w.lst AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
AII.America City
" II J!
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM 9. 0.# CITY COMMISSION MEETING 8/2/94
LAKEVIEW GOLF COURSE ACQUISITION OFFER
DATE: July 29, 1994
ACTION
City Commission is requested to consider making an offer to
acquire the Lakeview Golf Course in an amount not to exceed
$2,000,000.
BACKGROUND
Per Commission direction, staff has met with the owner's
representatives to discuss an acquisition price and financing
options for the Lakeview Golf Course. Staff feels that they
have proceeded as far as they can go without further direction
from City Commission. After reviewing an updated Market Study
prepared by Mr. Dubin on May 10, 1994, and analyzing other
improvement requirements, it is staff's opinion that the maximum
bondable purchase price that can be supported by course revenues
is $2,000,000. The asking price is $2,625,000. A detailed
memorandum from Joe Safford is attached along with the updated
market analysis.
RECOMMENDATION
Consider directing staff to make an offer to purchase the
Lakeview Golf Course in an amount of $2,000,000.
RAB:kwg
Attachment
File:grahamkw/agenda
Doc. :0802doc.003
G:\ THE EFFORT ALWAYS MATTERS
~ Printed on Recycled Paper
,
15o~
r1EMORANDDr1
To:
From:
Date: July 11,
Subject: Lakeview Golf Course Acquisition
At your request, on May 17, 1994, Susan Ruby, Becky O'Connor,
and myself met with Mr. David Schmidt, Esq., and Rene Murray,
C.P.A., representing the owners of the Lakeview Golf Course to
discuss possible financing options regarding the acquisition of
land, buildings and equipment at the golf course.
This group discussed various financing techniques, vehicles, and
valuations. The concept of "owner's bonds" or notes was
explained where the current owners would actually hold a City
debt instrument (bond or note) and the City would pay these
holders over a period of time. These instruments have certain
tax advantages to the holders. It was explained that there was
no real benefit to the City using these options.
The Lakeview group indicated that they would only be interested
in short-term bonds or notes and only if this would be in the
best interests of the City. Otherwise, they appeared to be more
interested in a cash closing. They were not too interested in
owner's bonds since there were seven (7) independent owners,
each having a different tax status. The short-term scenerio
offered some degree of risk to the City since the City would
have to refinance at the end of the short term to longer term
debt instruments and the market may shift at the time of this
refinancing.
We briefly discussed the two (2) appraisals that were completed
at the request of the City (March 31, 1992) and of the Lakeview
group (August 29, 1991). The City appraisals valued the
property at between $1,670,000 and $2,000,000; whereas, the
Lakeview appraisal valued the property at $2,300,000. The
current asking price by Lakeview was $2~625,000. It should be
recognized that the underlying assumptions used in each of these
appraisals is distinctly different. The City appraisal assumes
that the property will be used as a golf course. Lakeview
assumes that the property will become residential use. The
assessed value on the current Palm Beach County tax rolls is
$467,819.
The Lakeview group justified their aSking price by showing sales
of what they felt were comparable properties such as the Blood's
property (approximately 6 acres) which sold for $122,000 per
acre in 1994 and the sale of the Lakeview driving range in 1987
(approximately 6 acres) which sold for $83,570 per acre. This
would imply a value on the remaining golf course of $3,342,800
to $4,880,000 and they are asking for $2,625,000. I
,
Page 2
The City provided the Lakeview group with the "Competitive
Market Analysis" prepared by Dubin & Associates and dated May
10, 1994. We discussed the fact that this analysis uses a debt
service amount that is based upon a projected loan of $2,400,000
and an interest rate of 7.1% for 25 years. We advised the
Lakeview group that these values did not consider a debt service
coverage requirement of 1. 25 that would be a covenant at the
time of financing. It was advised that the revenue stream in
this report could support a principal amount of $2,000,000 to
$2,100,000 with the 1.25 coverage in place.
We also asked if the Lakeview group would consider a lease
purchase of the property. They said they would consider this.
After discussing the above items, we indicated that we would get
back to them with further discussions.
- -- -- -- - - -- -- -- -- -- -- - - -.... - -.. -- -.. -- --............ _.. --.... --.. - -_.. - -- -- ---
OBSERVATIONS AND RECOMMENDATIONS
The City must recognize this golf course as an enterprise
operation to be fully supported on its own revenues and without
any financial support from the taxpayers of this City. In this
case, the purchase of the Lakeview Golf Course must be able to
support operations, capital improvements, and debt service plus
debt service coverage. The maximum value this debt service will
support should not exceed $2,100,000. This value represents the
purchase principal price plus financing costs and fees. The net
purchase price to be offered by the City to Lakeview should not
exceed a maximum of $1,900,000 to $2,000,000
The City solicited and received an appraisal in March, 1992
which established a market value of $1,700,000 for the Lakeview
Golf Course based upon the "highest and best use" as that of a
golf course. This value with the associated financing costs and
fees would be estimated at $1,800,000 to $1,900,000 which could
be supported by the net operating revenues on an enterprise
basis. The net purchase price to be offered by the City using
this 1992 appraisal to Lakeview should not exceed $1,700,000.
Lakeview has offered to sell their golf course to the City for
$2,625,000. This offer is totally unacceptable since the City
would have to subsidize the entity with additional revenues in
order to breakeven on an annual basis. The financing of
$2,625,000 would also cost the City approximately $250,000 in
legal, fiscal, administrative fees, and underwriting costs.
Therefore, the total cost could approximate $2,900,000.
One must also consider the physical condition of the clubhouse
and the golf course itself. In this regard, we had Mr. Brahm
Dubin evaluate the condition of the course and had the
Engineering Department evaluate the condition of the structures
and parking area.
"
Page 3
The following recommendations were made:
. some greens are 23 years old and need replacement, assume
sprigging- cost $35,000
. bunker renovation, sand- cost $15,000
. extend, widen tees- cost $20,000
. cart path resurfacing- cost $15,000
. tree removal or trirnming- cost $25,000
. possible environmental conditions- cost $40,000
. ADA compliance modifications to exterior ingress/egress
doors, interior step ramp, bathrooms- cost $40,000
. air conditioning air handler and duct system- cost $6,500
. roof over cart storage (vegetation growing out of it) would
need replacement with a few years- cost $20,000
. parking lot surfaCi~ overlay and res triping, storm drainage
clean -out and repaj.r/replace corrugated metal pipe segments-
cost $10,500
Now, apparently there are several individuals who presumed that
the Finance Department would be forthcoming with some form of
offer to Lakeview based upon our meeting. I personally feel
that I do not have the authority or the ri9ht to make offers for
the purchase of property for the City. This would more properly
be a function of the City Attorney and the City Commission.
However, for your benefit, I will provide my personal opinion.
The City should offer $1,700,000 (appraisal value) or a lower
value and negotiate upward, if need be, to a maximum (not to
exceed) offer of $2,000,000 for the purchase of Lakeview Golf
Course. This will allow for proper funding of operations,
capital, debt service and debt service coverage and some
contingency for the repair work our personnel feel is necessary
without jeopardizing any other City tax revenues.
Please contact this office if you require any further assistance
or clarification on this subj ect.
cc: Susan Ruby, City Attorney
Becky O'Connor, Treasurer
I
,
. yue
.
Golf and Tennis
Management Development
and
:'
, Consultation
Hands On Management And
Attention To Detail
,
.
LAKEVIEW COLF CLUB
UPDATED MARKET STUDY
PREPARED FOR:
CITY OF DELRAY BEACH
PREPARED BY:
DUBIN & ASSOCIATES
MAY 10, 1994
..'
,
,
TABLE OF CONTENTS
EXECUTIVE SUMMARY 1
SCOPE OF STUDY 2
OPERATIONAL STRATEGY 3
PRO FORMA STATEMENTS OF OPERATIONS '+
EQU I PMENT LIS T 9
GOLF CART INVENTORY I 0
RATE SHEET 1 1
'.'
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,
EXECUTIVE SU:VL"IAR Y
Dubin & Associates was engaged to update the Lakeview Golf Club
market study, which was done on February 2, 1993.
In the past 14 months very lit t 1 e has changed in the market place.
I n Palm Beach County there are approximately 112 golf facilities of
which 67 are Private, 37 semi-private and 8 municipal. As of this
date there are only 8 executive golf courses in Palm Beach County
which are open for public play.
We believe that our target population includes, juniors, women,
executives, beginners, seniors and tourists.
As we stated previously there are many advantages to the Ci ty in
acquiring an 18 hole executive golf course with close proximity to
Delray beach Golf Club.
Advantages include:
l(- Cost savings with volume buying
it Ability to offer our target population an option of golf
course based on degree of difficulty
it Overflow of Delray Beach Golf Club can be retained
l(- Participants in Delray Beach Golf Club lesson programs can
learn the game of golf on a course, which is less
intimidating, less stressful and more fun
* Offering the walkers of Delray Beach Golf Club a choice of
restricted tee time s at Delray Beach Golf Club or more
flexible hours at Lakeview Golf Club
Our Five Year Pro Forma reflects Net Cash from Operations before
Debt Service and a City Administration Charge of approximately
$250,000 p.a.
Based on a purchase price of $ 2.4 mi 11 ion, w (~ bel i eve that Lakeview
Golf Course w o'u 1 d not only pay for itself,but also offer the ;'
residents of Palm Beach County an alternative to Championship
length golf cour.l>es at higher fees.
Lakeview Golf Club would also a 11 ow the Ci ty of De 1 ray Beach to
improve its service programs.
We would be able to expand our junior programs, merchant inner city
gol f programs, our incentive program with Carver Middle School, and
be able to attract more children associated with the Private
Industry Counci 1.
In summary, Lakeview Golf Club would allow us more flexibility in
balancing the maximization of profits with giving back to the
community.
1
,
SCOPE OF STUDY
We interviewed Mr. & Mrs. Murray at Lakeview Calf Club. We
reviewed their internal rate sheets, operating policies and
received a copy their Year End December 31 , 1993 financial
statements.
We reviewed their present payroll and evaluated the cond i ti on of
their golf carts, buildings and golf course equipment.
We prepared a Five Year Pro Forma Statement of Operations with
updated rates and expense assumptions.
:'
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2
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OPERATIONAL STRATEGY
We recommend status quo in Year 1 . We believe that the Ci ty should
take a year to evaluate the present operating procedures and
policies before deciding on what changes should be made.
We believe that Delray Beach Golf Club should promote lesson
programs and club repair to all customers at Lakeview.
We recommend combining the expertise and talent of both Lakeview
Colf Club and Delray Beach CoIf Club in such areas as marketing,
agronomy, food and beverage, merchandising, lesson programs and
community.service programs,
We recommend that Lakeview be cross marketed with Delray Beach Golf
Club to all golfers, taking advantage of the reputation of both
golf courses.
Schools, Chamber of Commerce, Condo Associations and hotels should
be contacted to attract leagues and tournaments.
The level of service and degree of professionalism should be
consistent with Delray Beach CoIf Club 1 n order to assure complete
customer satisfaction.
"
,
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6
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LAKEVIEW COLF CLUB
NOTES
NOTE 1 - PAYROLL
Golf Course Maintenance Year 1
Superintendent/Irrig/Spray (Salary @ $800/wk) $ 41 ,600
Mechanic ( 1 5 hrs @ $9.00; $135/wk) 7,000
Mechanic (15 hrs @ $9.00; $135/wk) 7,000
Machine Operator (45 hrs @ 8.00/hri $384/wk) 20,000
Machine Operator (45 hrs @ 8.00/hr; $384/wk) 20,000
Laborers (80 Ius @ 7.00/hri $560/wk) 29.000
$124.600
say $125.000
YEAR 1
Golf Operation May-October Nov-April Total
Manager $15,000 $15,000 $ 30,000
Clerk (60 hrs May-Oct; 100 hrs Nov-April @ $6.50/hr)
10,000 17,000 27,000
Starter/Ranger 0 0 0 7
d
Bags/Carts (84hrs/wk @ '$7.00)
15,000 15,000 30.000
$ 87.000
NOTE 2 - CROUP INSURANCE
G.C. Maintenance 5 @ $160/mth 9,600
Calf Operation 5 @ $160/mth 9.600
$ 19.200
NOTE 3 - INSURANCE
_ Workers Compensation
Payroll $212,000 @ 5% 11 ,000
- General Liability 20.000
31 .000
say $ 36.000
~ NOTE 1+ - CART RENTAL
There are 71 electric golf carts that are owned. We anticipate a
life expectancy of 2 years. In the 3rd year we expect to lease 50
carts @ $60/mth for 12 mths and 20 carts @ $110/mth for 5 months
totalling $47,000 P.A. ~ <:00
11'000
...J.-- :'
NOTE 5 - GOLF INCOME '17/000
Rates and Policies (Nov I-April 30 1994)
Green Fee $ 15.50
Green Fee (early Pre 7:30AM) $ 10.50 ALL RATES
League/Group Rate $ 13.75 INCLUDE TAX.
10 Play Card Green Fee Only $137.80
Cart Fee $ 9.00
A. During January, February and March, electric carts are
mandatory from 7:30 AM to 12:30 PM.
B. On Sundays Carts are not required.
C. On Saturdays carts are not required after 12 noon.
7
LAKEVIEW GOLF CLUE EQUIPMENT LIST FOR 1993
ITEM TYPE MODEL - SERIAL # YR COND USE INSURANCE PURCHASE'
I UNIT CUM IpRICE YR.
LSFPAY RIG 3 UNITS ALL SPRAYING K$'S K$'S $,S !
. '"\ GAL BROYHILL 3012 91 EXCL SPRAYING 4.3 4.3 4237 91
t 800M BROYHILL LOW - PROFILE 91 EXCL SPRAYING 0.7 5.0
vttHCLE -3W CUSHMAN. 7710 - 898417 77 GOOD SPRAYING 2.0 7.0 130 91'.
,
GREENS MOWER TORO 3000 04350 - 70209 86 GOOD MOW GREENS 2.5 9.5 1250 90;
,
GREENS MOWER TORO 300 04327 - 40371 80 GOOD MOW GREENS 2.5 12.0 7072 801
GREENS MOWER TORO 300 04327 - 91237 81 FAIR MOW TEES 2.5 14.5 1250 90i
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GREENS MOWER TORO 300 04241 - 90241 81 FAIR SPARE FOR GREENS ~ TEES 2.5 17.0 900 91 i
AERIFIER RYAN 544801 - 7810 80 GOOD AERIFY TEES ~ GREENS 2.0 19.0 954 90'
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AERIFIER RYAN 544801 - 63872 80 GOOD AERIFY TEES ~ GREENS 2.0 21.0 250 91'
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MOWER RNSOM 180 4110 - 004110 81 GOOD MOW FRINGES 2.0 23.0 600 90;
MOWER TOR/PR084 80132 - 03524 80 POOR MOW FRINGES 1.5 24.5 827 88
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SPREADER JHN DEERE G794375- F00209 88 GOOD SPREAD FAIRWAY FERTILIZER 1.7 26.2 1849 88;
SPREADER AGR !TEC A00637 - 84 FAIR SPREAD FAIRWAY FERTILIZER 0.8 27.0 365 84
VEHICLE - 414 CUSHMAN 7710 - 898547 80 FAIR COURSE UTILITY TRANSPORT 1.5 28.5 **400 91
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VEHICLE - 3W CUSHMAN 8010 - 898507 80 FAIR COURSE UTILITY TRANSPORT 1.5 30.0 8093 81
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VEHICLE - 314 CUSHMAN 8610 - 898554 86 GOOD COURSE UTILITY TRANSPORT 1.5 31.5 * 583 90:
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TRACTOR NASY/FRG 240 -2773114017 86 GOOD COURSE UTILITY WORK 10.0 41.5 11025 87'
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SAND PRO TORO 60363 - 08870 81f GOOD RAKE SAND TRAPS 1.5 43.0 1250 80!
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SWEEPER TURF VAC 71247A-13584K341 81, FAIR COURSE UT I LI TY 1.5 44.5 400 89'
,._t'iER -7GANG TORO HTM-175- 81 EXCL MOW FAIRWA'fS 12.0 56.5 5000 92.
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CHIPPER TOMHWK 8 11087 - W822282 86 GOOD PREP FOR WASTE DISPOSAL 0.5 57.0 1300 87;
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SOD CUTTER RYAN JR. - 120JR4 78 POOR CUTTI NG SOD 0.8 57.8 900 87:
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MOWER - 48" BOB CAT M48 -M48-11-22 80 GOOD UTILITY ~ ROUGH MOWING 2.0 59.8 3000 83'
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SPREADER SPRDRITE F6 - 272018 80 FAIR TOP DRESSING GREENS & TEES 0.5 60.3 365 84;
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TOP DRESSER CUSHMAN 884826 - A006345 82 GOOD TOP DRESSING GREENS ~ TEES 0.8 61.1 400 91\
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TOP DRESSER CUSHMAN - A006372 82 GOOD TOP DRESSING GREENS & TEES 0.8 61.9 * 583 90f
TRUCK- 2 TON FORD DUMP F617 - F61CVM201 71 FAIR TRANSPORT TRASH ~ CLIPPINGS 3.0 64.9 3000 89;
MIse UTILITY SMALL VAL~E GUESS $5,0 -- ---- wEEDEATERS,CHAIN SAWS, ETC. 5.0 69.9 i
EQUIPMENT ,
".' :
SHOP TOOLS VAR lOUS VALUE GUESS$10,0 -- ---- GRINDERS,~ELDERS,TOOLS,ETC. 10.0 79.9 ,
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-II- Purchased top dresser and vehicle together
** Part of origlnal inventory when club was purchased in 1980. $ 400 is am estimate.
LAKEVIEW FACILITIES
CLUBHOUSE (APPROXIMATELY 2300 sa.FT.) WITH MAINTENANCE SHOP BENEATH.
SEATING AVAILABLE IN 3 ROOMS FOR A TOTAL OF 80 TO 90 PEOPLE.
SNACK BAR WITH BEER WINE AND SOFT DRINKS ALL YEAR.
HOT SANDWICHES SERVED ON WEEKDAYS (NOVEMBER THROUGH APRIL)
ATTACHED FENCED IN GOLF CART AREA WITH CHARGING FACILITIES.
SMALL ATTACHED METAL BUILDING FOR FERTILIZER STORAGE.
COVERED (?) FENCED AREAi REMTE FROM CLUBHOUSEw FOR LARGE EQUIPMENT STORAGE.
FENCED AREA FOR IRRIGAT ON EQUIPMENT (65 FT. ELL AND PUMPING EQUIPMENT)
SMALL BUILDING FOR REST ROOMS ON THE 7th TEE.
2 PARKING LOTS
NORTH LOT - 32 DIAGONAL SPACES
SOUTH LOT - 44 DIAGONAL SPACES
OVERFLOW - 25 SPACES ON OUR SURROUNDING LAWNS.
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LAKEV1EW GOLF CART INVENTORY
01/26/94
SORTED BY CART # SORTED BY SER #
~ MOOEL SERIAL NUMBER # MODEL SERIAL NUMBER
- -
1 X-440 80 A28 191320 44 X-444 79 826 164788
2 X-440 80 A27 191302 47 X-444 79 826 164790
3 X-440 80 A27 191271 46 X-444 79 826 164791
4 X-440 80 A23 191326 40 X-444 79 826 164792
5 X-440 80 A28 191324 48 X-444 79 826 164793
6 X-440 80 A28 191321 41 X-444 79 826 164796
7 X-440 80 A28 191303 43 X-444 79 826 164798
8 X-440 80 A27 191260 39 X-444 79 826 164802
9 X-440 80 A28 191319 45 x-444 79 826 164804
10 X-440 80 A27 191301 49 X-444 79 826 164808
11 X-440 80 E21 201204 30 X-444 79 F 1 175151
12 EZ-GO N17 83 306992 27 X-440 80 A27 191256
13 X-440 80 A27 191298 25 X-440 80 A27 191257
14 X-440 eo E 8 199711 8 X-440 80 A27 191260
15 X-440 80 A28 191325 3 X-440 80 A27 191271
16 X-440 80 A27 191276 71 X-440 80 A27 191274
17 X-440 80 E24 201594 18 X-440 80 A27 191275
18 X-440 80 A27 191275 16 X-440 80 A27 191276
19 X-440 80 A27 191279 29 X-440 80 A27 191277
20 X-440 80 E27 191299 19 X-440 80 A27 191279
21 X-440 80 A28 191327 24 X-440 80 A27 191282
22 X-440 80 A28 191318 36 X-440 80 A27 191293
23 X-440 80 E21 201200 13 X-440 80 A27 191298
24 X-440 80 A27 191282 20 X~440 80 E27 191299
25 X-440 80 A27 191257 10 X-440 80 A27 191301
26 X-440 80 A28 191329 2 X-440 80 A27 191302
27 X-440 80-A27 191256 7 X-440 80 A28 191303
28 X-440 80 E26 201596 22 X-440 80 A28 191318
29 X-440 80-A27 191277 9 X-440 80 A28 191319
30 X -444 79 F" 1 175151 1 X-440 80 A28 191320
31 X-444 80 Ell 200383 6 X-440 80 A28 191321
32 .EZ-GO 8f J1~i~1~ 5 X-440 80 A28 191324
33 1::2-GO 'A.~ . 0.' 15 X-440 80 A28 191325
34 EZ-GO 81 . 25 244277 4 X-440 80 A23 191326
35 EZ-GO 81 125 244276 21 X-440 80 A28 191327
36 X-440 80 A27 191293 26 X-440 80 A28 191329
37 EZ-GO 81 125 244278 14 X-440 80 E 8 199711
38 EZ-GO E2 985 360310 31 X-444 80 Ell 200383
39 X-444 79 826 164802 23 X-440 80 E21 201200
40 X-444 79 826 164792 11 X-440 80 E21 201204
41 X-444 79 826 164796 17 X-440 80 E~4 201594
42 X-440 81 E 8 228168 28 X-440 80 E 6 201596
43 X-444 79 826 164798 74 B08'S EZ-GO 80 018 206699
44 X-444 79 826 164788 42 X-440 81 E 8 228168
45 x-444 79 826 164804 35 EZ-GO 81 125 244276
46 X-444 79 826 164791 34 EZ-GO 81 125 244277
47 X-444 79 826 164790 37 EZ-GO 81 125 244278
48 X-444 79 B26 164793 51 EZ-GO 82A031 244835
49 X-444 79 826 164808 53 EZ-GO D8 201 254154
50 EZ-GO F2 985 360370 69 EZ-GO 38 311 278358
51 EZ-GO 82A031 244835 72 EZ-GO 83 E05 287160
52 EZ-GO 88 D27 475584 12 EZ-GO M17 83 306992 ,
53 EZ-GO 08 201 254154 33 EZ-GO Al 785 346180
54 EZ-GO F2 985 360381 73 RED EZ-GO B2 685 350626
55 EZ-GO C19 87 429028 38 EZ-GO E2 985 360310
56 EZ-GO C19 ~7 429029 50 EZ-GO F2 985 360370
57 EZ-GO C10 87 427950 54 EZ-GO F2 985 360381
58 EZ-GO 028 88 475832 57 EZ-GO CI0 87 427950
59 EZ-GO CIO 87 427955 59 EZ-GO CI0 87 427955
60 EZ-GO C22 87 429065 68 EZ-GO CIO 87 427969
61 EZ-GO C22 87 429066 64 EZ-GO C19 87 429027
62 EZ-GO C22 87 429070 55 EZ-GO C19 87 429028
63 EZ-GO C23 87 429306 56 EZ-GO C19 87 429029
64 EZ-GO C19 87 429027 66 EZ-GO C19 87 429030
65 EZ-GO C22 87 429103 60 EZ-GO C22 87 429065
66 EZ-GO C19 87 429030 61 EZ-GO C22 87 429066
67 E2-GO C23 87 429807 62 EZ-GO C22 87 429070
68 EZ-GO CI0 87 427969 65 EZ-GO C22 87 429103
69 EZ-GO 38 311 278358 63 E2-GO C23 87 429306
70 EZ-GO 88 028 475807 87 EZ-GO C23 87 429807
71 X-440 80 A27 191274 32 EZ-GO 87 J17 452201
72 EZ-GO 83 E05 287160 52 EZ-GO 88 D27 475584
73 RED EZ-GO 82 685 350626 70 EZ-GO 88 D28 475807
74 80B'S EZ-GO eo 018 206699 58 EZ-GO D28 88 475832
75 WORK X-440 23 994 X1130 ?,5 WORK X-440 ;:J~ OO{. y, , ....,,,
-I ....r ~v' ...r-'\W""\..,....._ ...~.........r-
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LAKEVIEW SUMMER RATES FOR 1994
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MAY 1 THROUGH OCTOEER 31
G R E E N FEE $ 5.66 + T A X = $ 6.00
CAR T FEE
Per Person $ 8.96 + T A X = $ 9.50
G R E E N FEE
Before 7:30 AM
After 1 : 00 PM l $ 4. 71 + T A X = $ 5.00
Leagues .
G R E E N ~F E E
Af ter 4: 00 PM $ 3. 77 + T A X = $ 4.00
P U L LeA R T $ 1.88 + T A X = $ 2. 00
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~HANGE - Tha following p~iC2~ ~~~l be ef-f'sc\; i va .;)n 1..:iJi/93.
- SeaSOi1 P.a~~es
PR r i1E T I ~I!E GREEN FEE ~ lL:..62 + '\ !~ X = 'F" 15.50
~,
. 13. ""'C::. 1.-<"_SoO
EAR'_V/LATE GREEN FEE $ 9.90 .;- I ~: X - s :0..50
~.. '-/'''=' ..,. _:so
~- 1.;::'.97 4- T A X iV ., - -::
LEAGUE G0EE~ FE~ - ::.> - .1~.. l-J
z.~..~a :Le.700
1.0 P:..f-. ';' [JGK ___...__ $130... ()() -~ .~. .C:t ~ = '~::'37 ...80
~~o..t:;~.-=;. ~ ;::-",. _ E::O
CAM.S ~ c: :.:: .!) :3. l;.9 -;.. -~ ,.. ..- - .to 9 .. ~)C
,"-: i..
p U ~ L Ci-:'R-f l:"j .~ .4:r. .:.... T ::~ :.{ -= $ 1.50
b. Beverage ( I !Ie .!.ud i ng Tax)
1- Soda and Fr~it ~rink5 $ .?5 (Raisad .05)
2. Hat chac.::llat2 ~ .75 (Raised .25)
'::l Caffee, Tea .~ L~!."Jarlcc:!e (~ .50 (No Change)
...... -v'
4. Beer ':Ii 1 . ~~') (\\!c Cr-,~ni~2 :
5. Wine l' ~::::: ,R2:'Si?d ';C.
~, .- . ,...- . .;.. .....J )
c. Food (No en 2.nt;j,;:? )
1. Hot Dogs $ 1.50
2. Grilled Cheese $ 2.00
3. Ckicken Pa.'ctv -. S 2.:sa
4. Co Id Sanc:!'rli.:l-:E:s .. $'2~50
..
3. SEAS~NAL WCRI< PL;':-\ - ! r. i .~ i .::;. 1: s~~GciulG ~s f~llQws:
I 1 9 9 3 . 9 9 J, STAR-r c: R S C H E D L; L ~ i
I - .L -r '- .
-1
L- HONDAY , TUES:J{., '! i W::=:D\'\~ESD~,'! T~URSnp.'{ \
i !
I11NORMA L --.1
I ( iGE 7 - 7 - :!.lC~~RLIE: 7 - :0:45 EQB "7 - .. \- ~
~ .: !
HHL 11 - 3'!3C:~ ~1 - 3iJ:MSUNDAy'0'45 - 31JIM 11 ~
I
I FRIDAY I SATURDAY
i 11 I GEORGE ~ 7 - 11 I
!GEORGE 7 - lolCHARLIE 7 -
,
Ley 10 - 3 r~AL 11 - 3lBEN 11 - 3.
..:..L -=.J
, 1 993 - " ,.... I TC!-:'C:N S C H E D U L E -I
1. 9 9 ~ REG I .-"\ -- .,.- Q I
~ I r.: ., '" :,..., \
i - ! 1 i
MONDAY I -'-U:'=:SDA'I I WED0lESDP:1 I -j ;-';lji~SDA Y
. I i
r- --\ ( ..
DAVID 6:00 - 12:30iGENE OPEN :DAVID 6:00 - 12:30jDAVID 6:00 - 12:301
LIZ 9:30 - 2:30jDAVID 8:00 - 12:3C!LIZ 9~30 - 2:30lJE~N 9:30- - ~ ~,
c. : ~t..: ~
IJ~AN. 9:30 - 2'301 i I
! ,
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. FR IDAY _ SATURDAY SUNDAY I
IDAVID 6:00 - 12:301EOB · - MORNING I BGB - HORMINSl
LIZ 9:30 - 2:30 CHAS I SAL - CLCSEICHAS / SAL - CL05Ej
I ___ _: ..-
Iv_ i'l ;::::: W IT'-=:MS (S!~~E L~ST REPORT)
1. The next Eoard of Directors Me~t~~g will te ~eld Q~ Mord2',.
November 15,1.'~93 3t 9:00 .~:I'l ~.i: tne La~<evie~.j Clu~hause. ,.'
Re$p~ctfully $ubmittac=
'.-Si 1 : i Qi,,~ R. =~~~s\- a"v , .~~~S i .:1e"rrt
,-: ..:.: ~:. 3 u'f ~
12
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~ 1. La. "
FROM '355 68'32 " (TUE)0:3.02. '94 12:43 tj I). 1 '3 PR13E 1
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FAX TO:
ritv ('Jerk
CH\' '~li U.'lr.y Bexh
I-AX # (~OI) 243-3774 .
FROM:
Karen A Kiselewski
3674 Lakeview Blvd
Delray Beach, FL 33445-5615
(407)495-7743 (Home)
(407)955-6571 (Work)
Request: Please distribute this fax to the City Commissioners at tonight's meeting
(August 2, 1994), It is associated with item 9d on the agenda.
Number of Pages Including This Page: 3
. ~F'OM 95~ f:,:::92 ( fG ~ ~I (1 ::: . (1 ~. ~ ,~ 4 1:'::::::; 3 II r1-nf!:. ~ I' . ;1
N Lr:-1 '::I
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3674 Lakeview Blvd
Delray Beach, FL 33445-5615
August 2, 1994
Cathy Laskowski
Assistant City Editor
Sun-Sentinel Newspaper
FAX: (407)272-3189
Subject: August 2, 1994 Lakeview Article
Dear Ms. Laskowski,
In the August 2~ 1994 news article "Delray will offer up to $2 million for Lakeview'\ I was
quoted as saying that I believed the City purchasing the golf course would solve t11e Lakeview
issue. VVhile the purchase would keep the golf course as open space, there are other options,
such as rezoning alone, which would support the same goal.
It is inappropriate for city residents to be (financially) burdened for the sole purpose of
resolving a zoning issue. However, it is appropriate for the City to consider business and
recreational reasons for pm-chasing the course, as a benefit to all residents.
Respectfully,
Ko~a.~~
Karen A. Kiselewski
cc: City Conunissioners
Marian King, Staff Writer, Sun-Sentinel
-- -- - ~~--
FROn '35:- ~"q ~ '-::'
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~ (TUE>O:::.02. '94 12:44 ---{hl.T'or--c'lfli"t 'e, IIJJL
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # qE - MEETING OF AUGUST 2, 1994
SERVICE AUTHORIZATION NO. 19/HAZEN & SAWYER, P.C.
DATE: JULY 29, 1994
This is before the Commission to consider Service Authorization
No. 19 in the amount of $68,507.00 to Hazen & Sawyer, P. C. , for
consulting engineering services in conjunction with the master
plan project to increase high service pumping capacity at the
north reservoir.
Services included in this fee are design preparation of engineer-
ing plans, permit acquisition, bidding and negotiation, and
construction administration services for the project.
This service authorization also provides for a total of
$20,000.00 for additional services if approved by the City
Manager (not included in the $68,507.00).
Recommend approval of Service Authorization No. 19 to Hazen &
Sawyer, P. C. , as outlined above, with funding from 1993 Water and
Sewer Bond - North Reservoir High Service Pumps (Account No.
440-5179-536.64-30) .
~ 5'-7;
,
Agenda Item No.
AGENDA REOUEST
Date: 07/28/94
Request to be placed on:
XX Regular Agenda
special Agenda
Workshop Agenda When: 08/2/94
Description of item (who, what, where, how much): STAFF REQUESTS
COMMISSION APPROVAL OF SERVICE AUTHORIZATION NO. 19 FOR HAZEN & SAWYER,
P.C. FOR CONSULTING ENGINEERING SERVICES IN CONJUNCTION WITH THE MASTER
PLAN PROJECT TO INCREASE HIGH SERVICE PUMPING CAPACITY AT THE NORTH
RESERVOIR, PN 93-072. THIS SERVICE AUTHORIZATION IS FOR $68,507.00 AND
INCLUDES DESIGN, PERMITTING, BIDDING & NEGOTIATION AND CONSTRUCTION
ADMINISTRATION SERVICES FOR THE PROJECT. IT PROVIDES FOR A TOTAL OF
$20,000.00 FOR ADDITIONAL SERVICES IF APPROVED BY THE CITY MANAGER (NOT
INCLUDED IN THE $68,507.00). FUNDING SOURCE IS 1993 W&S BOND - ACCOUNT
#440-5179-536-64.30 - N. RESERVOIR HIGH SERVICE PUMPS.
ORDINANCE/RESOLUTION REQUIRED: 'J_/NO DRAFT ATTACHED 'J_/NO
Recommendation: staff recommends ~val. ~
DEPARTMENT HEAD SIGNATURE: q;J/4 -,~fJ ~h~q
Determination of consistency with comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of
funds):
Funding available~NO
Funding alternati
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: YES/NO
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
,
.
MEMORANDUM
TO: David T. Harden
City Manager ~v~
FROM: Richard C. Hasko, P.E.'~~
Deputy Director of Public utilities
SUBJECT: HAZEN & SAWYER SERVICE AUTHORIZATION No 19
NORTH RESERVOIR HIGH SERVICE PUMPS; PN 93-072
DATE: July 28, 1994
Attached is an agenda request with a copy of proposed
service authorization #19 for Hazen & Sawyer in the amount
of $68,507.00 for provision of consulting services in
conjunction with the subject master plan project. Services
included in this fee are preparation of engineering plans,
permit acquisition, bidding and negotiation and construction
administration tasks for upgrading the high service pumping
capacity at the north reservoir. The general project scope
includes replacement of two constant speed pumps with one
larger constant speed and one larger variable speed (VFD)
pump; addition of an auxiliary generator for emergency
operation of the new VFD; addi tion of air conditioning in
the existing storage room; upgrade existing 14" transfer
main, valving and appurtenances to 20" to alleviate existing
restrictions in transfer piping; modification of all
appurtenant electrical controls, panels etc. to accommodate
operation of upgraded pumps. The current budget estimate
for construction of the described improvements is
$450,000.00
This service authorization also provides for an additional
$20,000.00 for additional services if approved by the City
Manager.
Funding for this project is from the 1993 W&S Revenue Bond -
Account #440-5179-536-64.30 - N. Reservoir High Service
Pumps.
RCH: jem
c: William H. Greenwood, Director of Env. Svcs.
Joe Safford, Finance Director
f: 93-072 (D)
T/F City Mgr.
,
- - - . - _, h= r,; . ":"11: r,- H ;-:: r-~ :-; E . (1~?'~
- - J, '_ .
CITY OF OELRA y BEACH
CONSUL rING SERVice AUIHORIZJlTION
DATt:. JJJ.&.27.1994
3ERV;SE AUTHORIZATIO~ NO. 19 !=OF1 CONSul TING SERVIC?:;;
:'::11'( PO. NO. --- -..- CiTY EXPENsr CODE _ -
~)~O":t.C1 NO. _ (C,l'>(,__ . ._,---_._---~ \hALf:N ANC. SAV\iVrH ;.> C
IITLE. North ~Beservoil lrnpro\Lsmc.]:s ~. --_. - -~- --~.- --.--,.- -_.._. -_.
ThIS ~;uvlce ALJthon2~jtlon Wrler 8\6cuteJj shal' b~: ,pcorporat.;:,j ir ~r'(1 ~J1MH r;~(X'I~I"~ Ltn int('g'a'
p<:..rt '.) the Gont'act dated a:. i+ v'Vr~ten V~tW:! ;' fill'.
I. PROJECT OESCRJ~TION
rhl~Servtce Authorization r~l--'!b~(m;..... In)pr(lVePII~'II~;; at !he (;,:y ollJ...:"."i.1' 8each Nor:h Wa:w
R""..,('rVOlf, Th~ ~cope of this S~rvice Authonzatlon fr,Gludes, but is ',ot iif,'t~l1 Ie p r;pard!to' r,t
:"";p8c,flcatl(,ns contr .1ct (jr dWi'lgS.'Jst opn Ole , bi(J.:~i 19 :!nd (.:')1 !~)tr~ct!lJn ::." '.Ii :"~ ';" t~lr,! tullu'!'..1 j;';
work:
, Remove and dispose high service ;Jump N:.: and replace Wit!": J.50ll (,OM 200 HP vertica,
,
turbine pump (single speed)
') Remove and dispose 1-1igh service purnp N3 and replace wIth 4.500 GP~ 250 HP ,,~rt'l;~-ll
~
turbine pump (variabie frequency drivei.
') Replace. If necessary. discharge p!oing ~or pU'Tl0S N2 and \13
v
..::: ... Rt';!rllove '...~;stlqb:i, 14.lrlch "l-l.,:slv r~"a:n, '~-!IC"l-jlt;tLJcb va,...:, 1,i!1C' t;.',PH'-": '<<1',."
valve pit. and all d..t;;soclated appurt-anailces. Replace with ?O-ind' t(nn~fer "'ain. 2" 'pch
altitude valve, 20-mctl bypass valve. new vaiv~ pit. ane all assoc:tated appurtenanr.~<.;
Core-hole th~ Nortt1 Water Reservoir for the ;"lO-inch inlet and bypa':'3 -..;18eve~.
':; ~ Owv!de wall moun~~1 Aie ~yste,n Iv :doragf: r')OI;1. RfFnov": bu,,(;":~ a;~d ".:pla(;~,;, \v:.'
windows.
~ Install 20-illcPventur' J'leter and vault for th+" trall~ter ~'oe to thE' So .fit'! Water Re<spn,,":r
7 . Install concrete v:)ult for thE' existing North Wmm n~~,e"Voir ver:turi nEter.
e. . Remove existing tUrbltrOI contlO, par!f~: -j\ the l\IorH Wa.ter Rf.~~e'i,l :,!r ~.~C;G rOOII~.
r"JROSCI65.BCkOi.2794
Pag9 7 ot 6
-. --. - - -...: . - r-: ;; ,- '..; ;-, ~~ =- E t.J '=, H"; , E: F - E .'II~ ~
- - - ~.- F' ~-, I,; E . ~=) C; ::
9. Provide flew starter tor new high ser'Yice pump N2 (200 HP).
10. Provide new automatic tr&nsfer switch.
1'. ModificatIon of eXisting higt1 seIVice pumps control panel.
12. Modification ot existmg Data Flow Systems RTU
13. Provide a new PL.C to control the new high saNtee pump N3 {VFD}
.. Imiicates scopE; of services supplement;)ry to W.~ter D\st';but"IP Siste'I". Master ?d",
H.J(;ommendation for pump capacity upgrade
r,dJ investlgatjor. may L"!sult in w()r\<, out of H-,(: ;cope dE'scrib~ I.er,''.,l\ CONSULTANT wltl
pertonn additional work not described herein at the writH,) di,~ctiol \ from the CITY.
C:Jrnp:.'nsation for the additional work will bB from tilE> ad(jitlonal S0rvl(.~<'; t:'Jdged ,r,cluo~d ," HlIs
service authorization or thr'Ough an arnendpl$i'lt ~o ttle service autlKlflLati('lfl CONSULTANT s..'i:t!l
Ilot proceed with work pnol to CITY writtelJ notification,
II SCOPE OF SERVICES
Phase I - Study and Report . Not ARJ;llicable
P.hase II . PreJfmlnary DesiQn Phase - Not Appllc..able
Phase III - Final Desio" Phase
CONSUL TANT Shall provide final design phas~ services ill acco'ddPC8 with Article I/I.C
of the Contract.
CONSUL TANT shaH produce the tinal design drawings on standard 4-miL 22-InGh by 34
inch mylar sheets. CONSULTANT shaH prepare all drawir.gs uthzl'1g R CAD ~,ystcrn
CONSULTANT shall turnish, with the draWIngs. one set of CAD drawings files I)n IBM PC-
A T formatted, magnetic media compatible with AUTOCAD Ver~'>l)!; 1;) lor IHti~r) iv ~;b~1 b'y'
CITY.
Services shall include prepd.ration of detailed final opinion of probable construction cost
based upon the completed final design drawings and specifications as approved by CITY
The estimate shall reflect changes in scope incorporated during dt:lsign reviews with CITY
staff .
CONSUL TANT shall be responsible for H-i~ (:lJl"dlflatiOq wit: CITY staff Hid L1~tpH;jt-/l{JII;S,
and for tt"te "Ict;Y'Itlf-S at th:~ sub conSultants. Part of P";'-:'L.tq,;:;hy~ " tC'lloni~or progrfo)SS
of all staff associated with the project and to id~n1ify critical areas ot concer.., vvhlch fail
behind schedu!(;. CONSULTANT will rn2~lrlt?1I1 a {jt,ltaili-ld VOJ€!r'\ sct1t;dulc and ~ar\e stc~)S
when necessary to insure the project stays on schedule. CONSULTANT snail submit
rronthly project status reports to CITY
CONSUL TANT shall prepare and submit, on t>ehalf of CITY construction pc::-nl
a.pplications to the following regulator'~ agencies:
PRose 165. BCA:07-21-94
Page 2 of 6
- - - -- ~ ' - : -:: - - -; ~ -= ~ fj '-~I ~~ I, E[~-:e :<.-4
- - - - P~l~~ _ ~=1CJ j
. State of Florida HRS (Health Department)
. State of F-lorida Departmert of Ef1vironrne'ltal Pr :;tc,ctiOT;
Associated permit application fees shall be determined rJY CONSULTANT and paid by
CITY.
Phase IV - BlddlnQ{Neootlatlop Phase
The CONSUL TANi shall provide Bidding Phase Services in accorda'1ce witf, Article Ii 0
of the Contract.
CITY will utilize standard procurement procedures for the tormal advertising and receipt
of bids.
CONSULTANT will furnish final drawrngs and specifications tor th~ CITY's use as required
(not to exceed 20 copies).
CONSUL TANT will prepare 5 COplBS of confomed contract do(;un,.~nt~ for I'~'(ecutiorl bf
Contractor and review executed Contract Documents and bonds before forwarding ta the
CITY for execut1on.
Phase V - Construction Phase
CONSUL TANT shall provide Constructio~l PtH:tSe ser...ices In ac:,::ordclrh;H w,th Article ill.E
of the Contract.
Part time resident project representatior shall be over a five month cOllstr'Jc:tion period up
to a total of 240 labor hours of effort.
The CITY will provide material and s'Jd testing aFd inSp8ction SE:fV'CeS as requirAd tJ
assure cOrTlpliance with th3 construotion documents. Also, CITY will utilize thp services
of a concrete testing laboratory to perform concrete tests as detaiied in the constructiorl
specifications and deemed necessary by CONSULTANT. CONSULTANT shaH not be
responsible for the means, methods and accuracy of material testing subcontractors.
Additional Services
Provide additional services mlating to the North Water Reservoir Improvements. Tllese
additional services may be required due to uncertainties discoverrad during sL:rvey. soils,
investigations. and field verification of existing faCIlities and conditions. Services
performed under this task wrli be on an as-directed basis in. acco"dance with a wnttf:'1;
Notice to Proceed from the City Each Notice to Proceeej issu6:d shali contai'l the
following inforrnation and requirements.
. A detailed description of the work to be undertaken
. A budget establishing the amount of the fee to be paid in accordance WIth
the Agreement.
. A time established for completion of the wor;',.
PROSC 165.BCA:07-27-94
Page 3 of 6
. . --., . ,- -- ~-;:' ~ "'1 ~--\I-, - E. r ~ '=,":- , E ~. - E i~,1 i= ~-t
- - - '-- . .:' = ~~(;E . C'L]~I
ASSUMPTIONS
Work described herein is based upon the assumptions listed below and Oil information and record
drawings provided by the CITY. If conditions differ from those assumed in a mannE1r that will
affect schedule or scope of work, CONSU L T ANT will advise the CITY in writing ot the magnitude
of the required adjustments. Changes in completion schedule or compensation to the
CONSULTANT will be as negotiated with the CITY.
1. CITY wili provide to CONSULTANT record drawmgs of all eXIsting facilitIes whictl shall
serve as the basis for mociiflcatiorrs inciudeo in this project.
2. The existing generator wi!! be utilized and the tollowing loads will be serveo by trl8
generator:
lighting
Ale
new pump N2 (200 HP)
The followmg loads are not associated with the exisling generator:
Well No, 4A
~ new pump N3 (250 HP)
existing pump N1 (125 HP)
incidentals
3. CITY will return to CONSUL TANT within 10 working days after receipt fro:n
CONSULTANT, one copy of the predesign layout and of the 50 pfirc0nt and BO percent
complete draft contract documents containing all comments to be considered for
incorporation into the final documents.
4. CITY will observe the construction on a day. to-day basis and will provide th\;
CONSUL rANT with information on a daily basis concerning the progress of the 'Nork
The CITY will gIVe prompt written notice tc the CONSUL. TANi wnenever CITY's staff
become aware of any actual or suspected defect in the work of the CONSULTANT. ih:::
CONSUL TANT will have the maxirnurn opportunity to mitigate ar~y damages (;arT) sue!'
defect.
5. CONSUL TANT has not included start-up fees and preparation of operation and
maintenance manuals.
6. Services during construction are based on a maximum of 6 month constructio(, pt::r;od.
PROSC 165.BCA.tJ7-27.94
Page 4 of 6
. ,-. ......, , -. . ,-. . .-, -....... -.. '"'1n=t: r"::,~ I :- P - B !":'II': ~
. - - - ..... ~ _ i r=":"':iE" I] ,] t=.
III. pATA AND SERVICES TO BE PROVIDED 8Y THE CITY
CITY shall provide Data and other services in accordance with Article IV of tflE! Contract. As
additional services, the CITY will provide material and soil testing and inspection services as
required to assure compliance with the construction documents. Also. CITY wilt utilize the
services of a concrete testing laboratory to perform concrete tests as detailed in the construction
specifications and deemed necessary to CONSU L T ANT. CONSU L T ANT shall: 'ot be responsible
for the means. methods and accuracy of material testing subcontf dctom.
The CITY shall also provide excavation, labor equipment and materials required tu locate Ule
alignment and elevation of existing undflrground utilitip,s within the constructior, dreas of this
project.
IV TIME OF PERFOBMANCE
The completion dates for this work will be as follows (starting at written Notice to Proceed).
TIme per Phase QJ.Lmulatlve Phase
Phase III . 2 months 2 months
Phase IV 1 months 3 months
Phase V - 5 months 8 months
V. COMPENSATION
The compensation for services provided shall be billed on an hourly basis plus reimbursablE'
expenses for each phase of work in accordance with Article VJI. Method Ii. up to th~ .ollowil'1Q not
to exceed cost for each phase.
~
Phase III Final Design Phase t..:4,837
Phase IV Bidding/Negotiation Pt'8se 1,851
Phase V - Construction Phase 21 .819
Surveying 1,000
Electrical 17.000
Out of Pocket Expenses 2.000
Additional Services (If authorized by City Manager) ~,O()O
TOTAL $68,507(1)
Notes'
\'\ Total design services cost does not inelucie the $20.000 tor additionJ: SNVIG,)':' Ilf authoriLdd
by City Manager),
PROSC165.BCA:Ol-27-94
Pagfl 5 of 6
. . - .- - j ,-.. .-. r:: :'[' "-iri:=E I.; =;~ " E F' - B ':'1: H
- - - .- - : .:. '" '- F'HI:1E . C'Cl-;"
This Service Authorization rs approved contingent L.pon the CITY'S acccptanCt3 of (lnd
satisfaction of the completion of ~he services rendered :p the plevious phas~ ....hereas
encompassed by the previous Service Authorization. If the CITY in its sole discretion I::;
unsatisfied with the services provided in the prevIous phase or Ser/ic6 Autr,onzatiofl. the CITY
may terminate the contract without incurring any further liability, The consuitan; may not
commence work on any Service Authorization approved by the CITY to be included as part of th~
contract without al1Y further notice to proceed.
Approved by:
CiTY OF DELRA Y BEACH HAZEN AND SAWYER, P.L.
D~te' -. .._- -- Date' - -. ----.--..-,--
_.~--- ...,--.- By:~ - ~.-
1 homas E. Lynch Gary W. Bars. p.E.
Mayor Vice President
_.
Witness
Attest:
~--- - ----~--
Approved as to Legal Witness
Sufficiency and Form
-''--
STATE OF Florida
COUNTY OF Palm Beach
The foregoing iIlElr...mer:t was ackr:ow:edqeci betcre rTm tf1is __. jay of ~ 99~ by
~_W. Bors. Vice PresiQ.fID.t (name of officer or agslit, tltle of cffiG~r or ~geitt. vf I-idLen an.;.;
Sawyer. P.C. (name ot corporation acknowledQlng). a New YCll<...(stat8 or place of incorporation)
corpor3.tion, or. behalf of the corporation. ~!She (is per<';(.1nally known to rn'~) elf h,~f. rVOdl:ced
identifj.:;ation), Florida Driver's Licens(;:___________- _ (type of Ide'~tif:c"Jionj \a::
~.ntiticatio.n) and (did/did not) take an oath.
Signature of Person T ;;Jking
AGkpowledgem~nl
...-----.....- - --
Name of AcknowJedger Typed.
Printed or Stampea
PRose fG5,BCA:OJ-27.94
Page> e of 6
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~TY MANAGER
SUBJECT: AGENDA ITEM # qF - MEETING OF AUGUST 2, 1994
CHANGE ORDER NO. 2/MOLLOY BROTHERS, INC.
DATE: JULY 29, 1994
This is before the Commission to consider Change Order No. 2 in
the net add amount of $20,042.50 and an extension of ten (10)
calendar days to the contract with Molloy Brothers, Inc.
Change Order No. 2 is for the construction of an additional
parking area for 20 vehicles at the north end of the park
adjacent to N.E. 1st Avenue. The work includes restriping of the
existing lot for ADA compliance, asphalt leveling-overlay of N.E.
1st Street from the Intracoastal Waterway to the Park entrance,
and new vinyl coated fencing along the north side of the
shuffleboard-lawn bowling courts.
Recommend approval of Change Order No. 2 in the amount of
$20,042.50 to Molloy Brothers, Inc. , with funding from Decade of
Excellence Phase I - Veterans Park (Account No.
225-4126-572-61.63) .
~
i-I (?M;r)
,
Agenda Item No.:
AGENDA REOUEST
Date: July 28, 1994
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: August 2, 1994
Description of item (who, what, where~how much): Staff requests city
Commission to approve Change Order II to Molloy Brothers, Inc. for the Street
Reconstruction and utility Improvements (Northwest, Northeast) project (92-06).
Change Order #2 is for the construction of additional parking at Veterans Park,
miscellaneous restriping of the existing parking lot and asphalt leveling /
overlay of NE 1st Ave. Work includes earthwork, paving, concrete curbs and
fencing.
Change Order #2 is for a net add amount of $20,042.50 and a extension of ten
(10) calendar days to the contract time.
Funding Source is: 225-4126-572-61.63 for $20,042.50 (Decade of Excellence
Phase I - Veterans Park)
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
ndati~ S Change Order #2.
Department Head ~~7f~~
Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~ired on all items involving expenditure of funds):
Funding available: YE /NO
Funding alternative -' (~PliCable)
Account No. & DescriPtiontif.s::-1I1lO-672.. ft.1-b::j .- PJ+-J--Qt~VE\82fi'JS
Account Balance~4->,4(, I' ., PAf-L
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen061.doc
.
Memorandum
To: David T. Harden, City Manager
From: William H. Greenwood, Director of Environmental ~~~
Services
Date: July 28, 1994
Re: Change Order No. 2 - Reconstruction and utility
Improvements (Northwest/Northeast) - Project 92-06
Additional parking at Veterans Park
Attached is an agenda request for Change Order #2 to the contract
with Molloy Brothers, Inc., for the construction of an additional
twenty (2 0) vehicle parking area at the north end of the park
adjacent to NE 1st Ave (see attached plan). The work also
includes miscellaneous restriping of the existing parking lot for
ADA compliance;asphalt leveling/overlay of NE 1st st from the
Intracoastal to the Park entranceiand new vinyl coated fencing
along the north side of the shuffleboard/lawn bowling courts.
This parking lot was originally bid as an alternate with Veterans
Park Phase I in 1992. The alternate was not considered at that
time due to the future installation of a new gravity sanitary
sewer along NE 1st st under the proposed parking area The
gravity main has now been installed with the Master Booster
station Project (90-05).
The scope of work bid with Veterans Park included asphalt paving
and stripes/stops for the twenty parking stall area. The prices
received ranged from $1,300.00 to $10,000.00 from the various
bidders (see attached bid tabulation). The scope of work for
that alternate is comparable with items 2-5 of Schedule "A" of
Change Order #2 which totals $6,987.50.
Change Order #2 is for an add amount of $20,042.50 and extends
the contract completion date by ten (10) days. Prices have been
reviewed and are representative of unit prices already existing
in the original contract. The engineers estimate for this
work is $28,000.00.
Funding is available from Account Nos. 225-4126-572-61.63 (Decade
of Excellence Phase I - Veterans Park).
File: Memo to City Manager
92-060
A:memo9206
,
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2 PROJECT NO. 92-06 DATE:
PROJECT TITLE: Street Reconstruction and utility Improvements (Northwest, Northeast)
TO CONTRACTOR: Molloy Brothers, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION: Construct new twenty-car parking area and partial restriping of existing
lot at Veterans Park. Also included is asphalt leveling and overlay of NE 1st St from the
intracoastal west to the Park entrance. Construction is to be completed in accordance
with plans by the CDB Environmental Services Department titled " Veterans Park Parking
Construction and Re-striping", sheet 1 of 1, dated April '94. Work to be constructed in
accordance with unit prices per attached schedule "A" at the actual installed measured
quantities.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $1,025,935.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 16,945.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,042,880.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 20,042.50
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,062,922.50
PER CENT INCREASE THIS CHANGE ORDER 2.0 %
- -
TOTAL PER CENT INCREASE TO DATE 3.6 %
- -
CONTRACT COMPLETION DATE IS EXTENDED TEN (10) CALENDAR DAYS
FOR THIS WORK
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate
for Molloy Brothers, Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 225-4126-572-61.63 for $20,042.50 (Decade of
Excellence Phase I - Veterans Park
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: Q'~~~~.~rBY'
William H. Greenwood, Director Thomas E. Lynch, Mayor
of Environmental Services
ATTEST:
APPROVED: By:
City Attorney City Clerk
,
Street Reconstruct;on and UtH;ty I~rovements
Northwest, Northeast
Project No. 92-06
Change Order #2
Veterans Park Parking Lot Construct;on and Restr;ping
Schedule "A"
Contract Item Description +-/- C.O. Unit Total
Item No. #2 Qty Price
-------------------------------------------------..---..----------------------------------------------
1 Mobil ization 1 ls 5900.00 5900.00
2 12" CClq)8cted Subgrade (95% AASHTO T-180) 425 sy 53.00 51,275.00
3 Sawcut Existing Asphalt 250 lf 50.50 $125.00
4 8" Limerock Base 425 sy 57.50 53,187.50
5 1 112" Type S-I11 Asphalt 400 sy $6.00 52,400.00
6 1" Type S- III Level ing and Overlay on NE 1st St 75 tn $37.00 $2,775.00
7 Adjust manhole ring and cover 3 ea 5150.00 5450.00
8 Furnish and Install Type '0' Curb 300 lf 512.00 53,600.00
9 Wheel Stops 20 ea 515.00 5300.00
10 Remove/Replace Sidewalk 1 ls 5500.00 5500.00
11 Remove ex;st;ng fence 1 ls 5405.00 $405 .00
12 Install new fence per plan 1 ls 52,875.00 52,875.00
13 Striping per plans 1 ls 5900.00 5900.00
14 Hand;capped s;gns/logo 2 ea 5175.00 5350.00
...-..------------
Amount of Change Order #2 $20,042.50
Original Contract Amount thru Change Order #1 51,042,880.00
---------------
Revised Contract Amount thru Change Order #2 $1,062,922.50
---------------
---------------
I
- ~~
TH
SCALE 1"= 20' SAW CUT
EXIST. TYPE '0'
CURB BEFORE
TRANSITION
~n-r T-~-rrr T-n-r- LIMIT OF
OVERLA Y
I
EXIST.
PARKING
- - - - - - - - -
"NO PARKING
~ LOADING ZONE" CONSTRUCT
CENTERED ON PAVEMENT TYPE 'D~ I
@ 45. (TYP.)
X
EXIST. I
SHUFFLEBOARD
COURTS I
ADJUST MH
CUT & CAP ,(~j TO GRADE
EXIST. BLACK EXIST.
VINYL CHAIN --n----- PARKING
LINK FENCE
I
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w w
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PROPOSED f-
(/)
PARKING I
f-
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LAWN BOWLING
LEVELING COURSE AND
PROPOSED BLACK 1" OVERLAY TYPE S-III ASPHAL 1
VINYL CHAIN
LINK FENCE INSTALL
(REPLACE EXISTING CONCRETE
WHEEL
eLF) STOPS VAULTS
REFER TO VETERANS PARK (TYP.)
PHASE 1 FOR SPECIFICATIONS -
SECTION 02831 (ATTACHED) EXIST.
CHAIN LINK FENCES AND GATES DRIVEWA Y
PROPOSED -
PARKING
ADJUST MH
VAULT TO GRADE
TO BE REMOVED
BY OTHERS
-
- EXIST
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E X 1ST. ______________.
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.'
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- - ." 25 ~~'i1b'l'e11'
-. ... -- AI.". PA D(~lray Bl:ach., FI.
33483
September 8, 1992 407/276.495',737.2279
Mr. Richard Hasko. PE 305/429.' 566
Project Enginoer
City of De/ray Beach
434 South Swinton Avenue
Delray Beach, Florida 33444
VETERAN'S PARK
PROJECT No 90573.04
Dear Mr. Hasko:
In regards to our meeting whIch was held in tha office of Joe Weldon on Wednesday, September 2,1992
In which we reviewed the evaluations of the two a arent low bidders for the Veteran's Park project we
would like m ecommen s:
* 2. Alternate No 2 for the upgrade of the park furniture' be acceptvd
3. Alternate No 3 for the park site lighting be accepted: under the proviso that the city
accepts the proposal from FPL for the removal of the power poles and lighting along the
intercostal waterway. The Issue of the cost's for the FPL's work needs to be resolved I
prior to the final acceptance of this alt0rnale,
4. The work for ttle lift station that is being performed by another consultil"l; which effects
this site In the Phase I work area, must be co-ordinated with the start of Hlis work so
that both may proceed concurrenlly.
5. Based upon the IClformation that we were able to obtain trom tho references provided
by the two apparent low bidd~rs. there is noH1ing tl1at we can find that would give cause
to the city to not enter into negations with the apparent low bidder. Dutch Construction
Company, Inc. \
If you have any questions pertaining to these items please call this ottice at YOLlr aarliest convenience,
We look forward to the start of the park construction.
Sincerely,
CURRm ~SOCIATES AlA PA
~M' Schneider, AlA
Prin pal
LMSII$
doc:\573\slart,573
co: Joe Weldon
.. ~ I/\X: 407/143.6184
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DTY DF DELARY HEREM
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
DELRAY BEACH (407) 243-7091
F l 0 KID ^
ItIr.8:Id MEMORANDUM
AII.America City
, ~ II t1ATE: July 26, 1994
1993 TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Termination of Contract Between City and T&B
Equipment Company, Inc. - Temporary Bleachers at
Tennis Center
Our office, upon the direction of the City Commission, has
negotiated the termination of the aforesaid contract for
temporary tennis stadium bleachers. The terms of the
termination provide that the City will pay to T&B fifty
thousand dollars ($50,000), payable within thirty (30) days
after the Notice of Termination is executed by the City.
Attached please find a copy of the Notice of Termination
accepted by T&B Equipment Co. , Inc. There are three years
running on the contract at one hundred five thousand ($105,000)
per year. Our office believes the fifty thousand dollar
($50,000) termination fee is appropriate and recommends the
termination as set forth.
Our office, if so directed, will negotiate an option contract
with T&B as a contingency plan, in the event the permanent
seats fail to be completed on time. Attached please find a
letter from Bill Hager of T&B outlining potential terms of the
option agreement.
By copy of this memo to David Harden, City Manager, our office
requests this matter be placed on the City Commission agenda
for o~sideration .
~
Attachment ~5~
cc: David Harden, City Manager ~ _ ~ ~
Alison MacGregor Harty, City Clerk
Joe Safford, Director of Finance ~.
Joe Weldon, Director of Parks and Rec eat'on
William Greenwood, Director of Environmental Services
@ Printed on Recycled Paper q(}
..
I
ii- EQUIFlviU.H CO., It-Ie
" I Y 211 S. Laadbatter lid.
~ Cx, /jlJ Ashland. Viroinia 23005 ...
! 7cJ Phone 8041798.20uO '
- ~ FAX 8041752'094,'
I
!
---- - -.-.... . ..-.-. .-.....------- -.---. ......-..._--~._.-... ......._~--_._--
Ju 1 }. , l 9 ':' .
ML. Susan Ruby
C!ty Attorney
C~ty of Delray Beach
1\oIJ N.W. }1'irst: Ave.
Dt:lray Beach, Fl. )3444
Rl.: Delray Beach Tennis Center
Temporary Bleacher Contract
Dectr Ms. Ruby:
Pursuant to our telephone conversation of June 20, 1994 we
~~e pleased to provide the following items for your
cons llieration.
A. Per paragraph 6.2 of our. agreement, the City shall pay
T & 8 Equipment Co., Inc. $50,000.00 if the contract is
I terminated by the city after the second year.
B. If the contract is terminated by the City and it is
determined at a later date, that the bleachers will be
required in 1995, T & B Equipment Co., Inc. agrees to
furnish the bleachers per the same specifications used
in 1994 at the rate at $21.00 per seat with a signed
agreement and 60 days notice to proceed. " If less than
60 days notice to pr.o(.~"~ed is 'J i ':en, the price per seat
shall be $25.00.
c. The City still owes S~5().OO tor the installation of
1 set of steps and 1 <;E,uv",l of chain link fencing tOl:
the 1994 event. Jo~ weldon requested a price for this
work and advised us tc perform such.
D. The installat:or. of tlt\~ City '.;\-med steps on the west
side will be an additlofi.:\l $5,000.00.
We look forward to wor'king with you.
Sincerely,
fi~/ Jj,~~ .
W. H. H::;:-r
Sales Manager
Camera T~rs' ScaltDld Rental & Er8C1lon' Forklltta. Grandaland seating
,
.
-
JUt 2 5 199'1
NOTICE OF TERMINATION AGREEMENT BETWEEN
CITY OF DELRAY BEACH AND T&B EQUIPMENT CO., INC.
The CITY OF DELRAY BEACH, FLORIDA, (the City) and T&B
EQUIPMENT CO, , INC. , (T&B) entered into an agreement dated
January 22, 1993, (the Agreement).
The Agreement provides that the City may terminate the
Agreement at its sole discretion after the second year of the
Agreement upon payment of Fifty Thousand Dollars ($50,000), to
be paid thirty (30) days after notice is given to T&B by the
City of the City's intent to terminate the Agreement.
The City hereby gives this its formal notice of intent to
terminate the Agreement, effective upon the date signed by the
City.
Upon payment of Fifty Thousand Dollars ($50,000) by the
City to T&B, the Agreement, dated January 22, 1993 shall have
no force or effect and all rights, obligations, payments,
duties or acts to be performed under the Agreement by either
party shall cease and have no force or effect on either party.
T&B and the City each, by signing this Notice of
Termination, waive any claims, suits or causes of action
pertaining to the timeliness or any defect whatsoever as it
relates to the notice requirements of the contract.
Nothing provided for herein, however shall prohibit the
parties from entering into an option agreement for the
provision of temporary seating, if the City , in its sole
discretion , determines that entering into such option
,
,
agreement is in its best interests and T&B agrees to so enter
such agreement.
T&B Equipment Company, Inc., by signing this Notice of
Termination, and returning a copy to Susan A. Ruby, City
Attorney, 200 N.W. 1st Avenue, Delray Beach, Florida,
acknowledge receipt of said notice and acceptance of the terms
and provisions contained within this termination notice.
The City, by signing this official Notice of Termination,
accepts this Notice of Termination and the terms contained
herein. The effective date of this Notice of Termination shall
be deemed to be the date this Notice is signed by the City.
Whereby, this official Notice of Termination is hereby
provided by regular and certified mail this ~ ~ day of
,
, 1994 to Thomas B. Ellis, President and William
Manager, of T&B Equipment, Co., Inc., 211 S.
Leadbetter Road, Ashland, Virginia 23005.
T&B EQU~PMENT CO., INC. CITY OF DELRAY BEACH, FLORIDA
~ fi ~
, a ( '1'
Bys-' '61~~J.?- /1 /-(({j4/ By:
Tomas B. El11S Thomas Lynch, Mayor
President
Date: ~~9~ Date:
2
I
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM : fifJ6~TY MANAGER
SUBJECT: AGENDA ITEM # Cf If - MEETING OF AUGUST 2, 1994
CHANGE ORDER NO. 3/CHAZ EQUIPMENT CO.. INC.
DATE: JULY 29, 1994
This is before the Commission to consider an add Change Order No.
3 in the amount of $24,937.35 and an increase in the contract
time of five calendar days to Chaz Equipment Co., Inc.
Change Order No. 3 is for the replacement of 381 linear feet of
gravity sanitary sewer and appurtenances in Alley Block 78.
While constructing the pavement subgrade, a portion of the
sanitary sewer collapsed. A further inspection revealed that the
entire line segment from Manhole 150 to 149 was in similar
deteriorated state and in need of replacement. The original
scope of the work included asphalt reconstruction only.
Recommend approval of Change Order No. 3 to Chaz Equipment
Company, Inc., in the amount of $24,937.35, with funding from
Central Business District Alleyways Phase II - Renewal and
Replacement (Account No. 442-5178-536-61.47), through budget
transfer from Renewal and Replacement proj ect Reserve (Account
No. 441-5178-536.99-01).
~S-o
.
,
Agenda Item No.: CJ fi
AGENDA REOUEST
Date: July 29, 1994
Request to be placed on:
__X__ Regular Agenda
_____ special Agenda
_____ Workshop Agenda When: August 2, 1994
Description of item (who, what, where, how much): Staff requests city
Commission to approve add change Order #3 to Chaz Equipment Co., Inc. for the
Central Business District Alley Reconstruction - Ph II in the amount of
$24,937.35. Change Order #3 is for the replacement of 381 lf of gravity
sanitary sewer and appurtenances in Alley Block 78.
The scope of work in this Alley to date only includes a partial pavement
reconstruction. No utilities were included. While reconstructing the asphalt
pavement a portion of the existing sanitary sewer collapsed. Further inspection
of the line revealed that the whole line segment was in a similar condition and
needs to be replaced.
Schedule "A" attached to change Order #3 reflects the items to be constructed
and the respective unit prices. Also included in the change Order is an
increase in the Contract Time of five (5) calendar days for this work.
Funding Source is the R & R CBD Alleys - Ph II 448-5178-536-61.47 for
$24,937.35.
ORDINANCE/RESOLUTION REQUIRED: YESeDRAFT ATTACHED YES~
Recommendation:S.taff ~endS approvsl .Of Chan.ge Order #3
D~partmen~ Besd~. ~ a ~ ~ L,
Sl.gnature. '--" ~ ~ T''-'
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (r~ired on all items involving expenditure of funds):
Funding available, ~~ I
Funding alternatives ~ ~~ (if applicabl )
Account No. & Description l\'.},-6\'l'6-'S6b - ~\'({~J~~ ~~~ -=rr ~f.1vwviL
Account Balance \ \ \ . \ '-\'<A.5 0
,
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen9202.doc
,
Memorandum
To: David T. Harden, City Manager ~
From:
Richard Hasko, Director of Public utilities
Date: July 29, 1994
Re: Change Order No. 3 - Central Business District Alley
Reconstruction - Phase II - Project 93-02
~b sa') ~oOj
Attached is an agenda request for Change Order #3 to the contract
wi th Chaz Equipment Co., Inc. for the reconstruction of a line
segment of the gravity sanitary sewer in Alley Block 78. The
scope of work included in the Contract for this alley was for
asphalt pavement reconstruction only. There were no utilities
identified to be replaced.
While constructing the pavement subgrade a portion of the
sanitary sewer collapsed. A further inspection from Manhole 150
to Manhole 149 revealed that the entire line segment was in
similar deteriorated state and in need of replacement.
Change Order #3 is for an add amount of $24,937.35 and extends
the contract completion date by five (5) calendar days. Prices
have been reviewed and are representative of unit prices already
existing in the original contract.
Funding is available from Account No. 448-5178-536-61.47 (R & R
CBD Alleys - Ph II).
File: Memo to City Manager
93020
A:memo9203
,
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 3 PROJECT NO. 93-02 DATE:
PROJECT TITLE: Central Business District Alley Reconstruction - Ph II
TO CONTRACTOR: Chaz Equipment Co., Inc.
yOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Remove and replace existing gravity sewer in Alley Block 78 from Manhole 150 to Manhole
149 including replacement of sanitary sewer laterals and additional pavement replacement.
Work is to be constructed per unit prices of Schedule 'A' attached based on actual field
measured quantities.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $709,235.75
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $709,235.75
COST OF CONSTRUCTION CHANGES THIS ORDER $ 24,937.35
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $734,173.10
PER CENT INCREASE THIS CHANGE ORDER 3.5 %
- -
TOTAL PER CENT INCREASE TO DATE 3.5 %
- -
Contract time to be extended five (5) calendar days for this work
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate.
Chaz Equipment Co., Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER ~roJi
Environmental Services Department 442-5178-536-61.47 R & R CBD Alleys - Ph II
FUNDS BUDGETED CODE q 3{)~
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By:
William H. Greenwood, Director Thomas E. Lynch, Mayor
of Environmental Services
ATTEST:
APPROVED: By:
City Attorney City Clerk
,
29-Jul-94
Schedule "A"
CENTRAL BUSINESS DISTRICT ALLEY RECONSTRUCTION PROJECT - PHASE II
Project No. 93-02
Chaz Equipment Co., Inc.
Change Order #3
Alley 78 Gravity Sanitary Sewer Main Replacement
----------------------------.-------.-------------------------.---.------.---.---.
Bid C.O. #3 Unit Total
Item Description Unit Qty X Price =
---------------------.------.---.---.------.---.---.------.-----------------------
SEilER
16 8" PVC San. Sewer 8'-10' Deep LF 381 x $28.35 = $10,801.35
26 6" Lateral wI Cleanout EA 12 x $708.00 = $8,496.00
46 Pavement Reconstruction SY 235 x $24.00 = $5,640.00
----------------------------------------------------------------------------------
----------------------------------------------------------------------------------
$24,937.35
--------------
--------------
,
~ RAILROAD
S. E. 2ND AVE.
~~ 78 I-
(j)
MH 149 M 150
~~ 381 L.F.
0
(j) Z
...- S. E. 1ST AVE. N
.
W W
(J) (j)
LOCA TI ON SKETCH
CITY of DELRA Y BEACH I I
~ ENVIRONMENTAL SERVICES DEPARTMENT ~
434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLORIDA 33444
,
,
. - ;
City of DeIray Beach
Depe.b........ Budget Transfer
'1) DepertmentaI Une Transfer (2) Date 07/29/94
(3) Interfundllnterdep8rtmental Transfer (4) Batch Number
(5) Requested By: Richard C. Hasko, P.E.
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
442-5178-536-99.01 R&R Project Reserve 25,000.00
442-5178-536-61.47 R&R CID AI I eyways PH II 25,000.00
(10) TOTAL 25,000.00 25,000.00
JUSTIFICATION: Transfer required to fund Chaz Construction C.O. #3 for sanitary
sewer replacement in Block 78.
r A) ./1
~ead ~lC(j'.-e)J.U Asst City Manager
qudget OffiCer u.J~ City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
/'
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # q..I.. - MEETING OF AUGUST 2 , 1994
REJECTION OF BIDS/CITY HALL NORTH WING HURRICANE
SHUTTERS
DATE: JULY 29, 1994
This is before the Commission to reject all bids on the City Hall
north wing Hurricane Shutter project due to the fact that they
are in excess of the budgeted funds.
Only two bids were receivedi West Construction, Inc. in the
amount of $53,229.00 and Summers-Perini Construction, Inc. in the
amount of $59,850.00. One reason for the poor showing and high
bid amounts was the inclusion of the Ficas tree tie-downs, which
made the whole package less attractive to the shutter companiesi
therefore, the bids received were from construction companies and
reflected a 15 to 20 percent contractors' markup.
The cabinets designed to protect the shutters when stored added a
32 percent increase to the unit cost of each shutter and extended
the manufacturing time. In addition, design specifications call
for a heavy duty blade not offered by many manufacturers. A
lighter gauge would have attracted more bids, and would still
have met the wind pressures stipulated in the design documents.
The final recommendation of Gee and Jenson was that the project
be deferred until the first of the year, 1995. Certain savings
to the City could be realized by planning this project for the
slower shutter season which exists at that time. The documents
should be restructured to include a clear schedule of values, and
the tree tie-down portion of the work be packaged separately or
deferred to the next budget year.
A meeting has been scheduled with Gee and Jenson for August I,
1994, to review the project scope and determine how to proceed.
Recommend rejection of these two bids.
~r
,
Agenda Item No. q. I <
AGENDA REOUEST
Date: July 26, 1994
Request to be placed on:
X Regular Agenda
-- -- Special Agenda
Workshop Agenda When: August 2, 1994
Description of item (who, what, where, how much): Staff request
city Commission re;ect all bids on the city Hall Facility. North
Wina Hurricane Shutter Pro;ect. On June 23. 1994. two bids were
received bv the city which were in excess of the budaet amount
available. The City will review the ~ro;ect scope to determine how
we should proceed Drior to are-bid.
ORDINANCE/RESOLUTION REQUIRED: YES/NO
Recommendation: Staff recommends the City Commission re;ect all
bids on the City Hall Facilitv. North wina Hurricane Shutter
Project. as beina beyond the budaet SCODe.
Department head signature:
~
Determination of Consistency with Comprehensive Plan:
city Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
AccountNo. & Description
Account Balance
City Manager Review: ;t~C:O/~T '/
Approved for agenda: ~l'O [7/'-/
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9419\agreq802
,
ENVXRONHENTAL SERVXCES DEPARTMENT
MEMORANDUM
To: David T. Harden
city Manager ~
From: William H. Greenwood ~ .
Director of Environmental Services
Date: July 26, 1994
Subject: City Hall, North Wing Shutters
Agenda Request
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff request City Commission reject the submitted bids on the City
Hall Facility, Hurricane Shutter Project due to the fact that they
are in excess of the available funds.
On June 23, 1994, the City received two bids, one from West
Construction in the amount of $53,229.00 and another from Summers-
Perini for $59,850.00. The amount anticipated for this work was in
the $15,000.00 to $20,000.00 range, based on information provided
to the City by our consultant.
Attached is an analysis from the consultant dated June 28, 1994 and
a memorandum suggesting a course of action by staff. Jose Aguila
has set up a meeting with the consultant for August 1, 1994, to
review the project scope, and establish how to proceed. We will
keep your office informed.
cc: Jose Aguila
File 94-19 (D)
\ESD\9419\agmem802
.
.
ENVXRONKENTAL SERVXCES DEPARTMENT
MEMORANDUM
To: David T. Harden
city Manager
From: William H. Greenwood4f//0.
Director of Environmental Services
Date: July 14, 1994
Subject: City Hall North Wing Shutters, aid Results
City Project No. 94-19
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attached is correspondence from Gee & Jenson wherein they attempt
to explain why the bids submitted were so out of line. Only two
bids were received, West Construction $53,229.00 and Summers-Perini
$59,850.00. I am in agreement with the stated reasons for why the
bids are generally so far from our budget, my concern is that they
chose to receive the bids in a lump sum, even though they were
aware of our budgetary constraints.
The issues raised in their letter as to the reasons for the high
bids are accurate, and in my judgement sufficient justification to
reject the current bids, as well as reason to require the
Consultant to re-do the work, at no cost to the City, and advertise
again for bid at a later time.
with your concurrence, I would like to get Jose Aguila to set a
meeting with the Consultant to review this project, and review
their role, to insure that this type of situation does not occur
again.
I
V~c: J os'" Aguila
File: 94-19 (D)" .
attachment
\ESD\9419\shtrbids
.,
,
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~ ,~
n "\',: .' v
':'., '. ....
< '-. '../ .'~~-' GEE & JENSON
~~.... ./ ~ ~~'~ineers-Archilecls-Planners, Inc.
, . One Harvard Circle
' .
,.. ,.
.' West Palm Beach, FL 33409
,.:.
t..... Telephone (407) 683-3301
,.J
July 28, 1994 '.~1l Fax (407) 686-7446
Jose' Aguila, Assistant Construction Manager
City of Delray Beach
Dept. of Environmental Services
434 S. Swinton Avenue
Delray Beach, Florida 33444
Re: Analysis of Bid Results for City Hall North Wing Hurricane Shutters
City of Delray Beach, City Project No. 93-19
Gee & Jenson Project No. 93-395.10
Dear Jose':
Only two public bid proposals for the referenced project were received at the bid opening
held on Thursday, July 23, 1994. Both bids substantially exceeded the project funds
budgeted for this work. (West Construction Co. $53,229.00,Summers-PeriniConstruction
Co. $59,850.00) Since the bid was offered as lump sum, without separate bid items or
a schedule of values, it is impossible to award only part of the work. After conversations
with several contractors, including the two bidders as well as several shutter companies
who chose not to submit proposals, tl-Je reasons for the poor showing and high bid
amounts seem to be as follows:
1. The inclusion of the Ficas tree tie-downs, as stated in our Service
Authorization #10, made the whole package less attractive to several
shutter companies who were either uncomfortable or inexperienced with
that type of work. As a consequence to this, the only two bidders were
actually general contractors better equipped to handle the variety of 'Work
involved in this package. Therefore the bids reflect an unanticipated 15% to
20% contractors markup on the shutter cost.
2. The storage cabinets specified in the design in order to offer some
protection to the shutters when in the stored position amounts to about a
32% increase in the unit cost of each shutter installed, as well as extended
manufacturing time. Expected manufacturing times for the shutter units at
this time of year are now at about 12 weeks, compared to typically 3 to 4
weeks at other times of the year.
We have been advised that the cabinets themselves account for about 2 to
3 weeks of the current 12 week fabrication schedule.
~l 'c - q?)-Ic) (B )
,
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City of Delray Beach
Attn: Jose' Aguila
Re: Analysis of Bid Results
City Hall North Wing
June 28, 1994 - Page 2
3. The design specifications called for a .063 inch thick aluminum shutter
blade, which is a heavier duty blade not offered by some manufacturers.
A thickness of .054 inch is more common, and if specified would certainly
attract more bids. Regardless of the gage metal specified, the installed
shutters would still be required to meet the wind pressures stipulated in the
design documents.
With all this in mind we offer the following recommendations:
1. We recommend that all bids received on July 23, 1994 be rejected, as all
bids exceeded project funds available.
2. The project documents should be re-structured to include a clear schedule
of values so that the various bid items may be evaluated, and limited scope
of work awarded, as might be deemed desirable by the City.
As part of the above re-structured bid package, we feel that the tree tie-
down portion of the work, which appears to have been proposed for about
$23,000. to $28,000, be either packaged separately or deferred to the next
budget year. -
3. Assuming a best case scenario, a proposed schedule for rebid, award and
construction could be as follows:
Advertise for Bids: Sunday, July 3, 1994
Bid Opening: Thursday, July 14,1994
Commission Award: Tuesday, July 19, 1994
Notice to Proceed: Wednesday, July 20, 1994
* Allowance for Manufacturing: 12 weeks
Begin Installation: October 20, 1994
Finish Installation: November 10, 1994
* (2-3 weeks could be saved by not including the shutter cabinet work at this
time.)
,
.
.
-
n
City of Delray Beach "
Attn: Jose' Aguila
Re: Analysis of Bid Results
City Hall North Wing
June 28, 1994 - Page 3
4. Since the above schedule places the project completion after the end of the
1994 hurricane season, it may be advisable that the commission consider
deferment of the entire project until the first of the year, 1995. It is possible
that the City could realize certain savings in cost and schedule by planning
this work for the slower shutter season that exists at that time.
Lets disc ss these ideas at your earliest convenience.
Iy yours, , t/j
- ' ?/ .
I
. .
CEP:gmw
93395.10
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PROPOSAL
(BID FORM)
Proposal of WEST CONSTRUCTION, INC., a Florida corporation
(Contractor)
1069 Miner Road, Lantana, FL 33462
(Address)
to furnish and deliver all materials and to do and perform all
work in accordance with the Contract Documents for the Project
entitled:
PROJECT NAME: CI17 OF DELRAY BEACH CITY HALL NORTH WING HURRICANE SHUTTERS
CITY OF DELRAY BEACH PROJECT NO: 94.19
CONSULTANT PROJECT NO: 93-395.10
To: Purchasing Officer
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
l. The undersigned Bidder proposes and agrees, if this Bid is
accepted, to enter into an Agreement with the CITY in the
form ,included in the Contract Documents to complete all
Work as specified or indicated in the Contract Documents
for the Contract Price and within the Contract Time
indicated in this Bid and in accordance with the Contract
Document.
.
2. Bidder accepts all of the terms and conditions of the
Instructions to Bidders, including without limitation
those dealing with the disposition of Bid Security. This
Bid will remain open for sixty (60) days after the day of
Bid opening. Bidder will sign and deliver to the CITY the
Agreement and submit the contract Security, Insurance
Certificates and other documents required by the Contract
Documents within fifteen days after the date of OWNER IS
Notice of Tentative Award. If Bidder should fail to sign
the Agreement and deliver it to the CITY along with the
Contract Security, Insurance Certificates and other docu-
ments within said period, the CITY shall have the power to
rescind said award and also retain for the CITY the Bid
Security accompanying the proposal which shall become
forfeited as liquidated damages.
'erA'
P-l 1v,,(}'
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I
.
3. In submitting this Bid, Bidder represents, as more fully
set forth in the Agreement, that:
a. Bidder has examined copies of all the Contract
Documents and of the following addenda:
Number ~ Number ~
I
No. ! & lJO ./Cft.1
,
receipt of all of which is hereby acknowledged and
also copies of the Advertisement for Bids and the
Instructions to Bidders;
b. Bidder has examined the site and locality where the
Work is to be performed, the legal requirements
(federal, state and local laws, ordinances, rules and
regulations) and the conditions affecting cost,
progress or performance of the Work and has made such
i~dependent investigations as Bidder deems necessary.
c. This Bid is genuine and not made in the interest of
or on behalf of any undisclosed person, firm or
corporation and is not submitted in conformity with
any agreement or rules of any group, association,
organization or corporation; Bidder has not directiy
or indirectly induced or solicited any other Bidder
to submit a false or sham Bid; Bidder has not solic-
lted or induced any person, firm or a corporation to
refrain from bidding; and Bidder has not sought by
collusion to obtain for himself any advantage over
any other Bidder or over the CITY; no official of the
CITY or any persrJn in the employ of the CITY- is
directly or indirectly interested in said bid orin
the supplies of work to which it relates, or in any
person of the profits thereof.
[Remainder of this page left blank intentionally]
1V~-
ry;/6.
P-2 11 .'
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,
i
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4. Bidder will complete the Work for the following prices:
SCHEDULB OF BID PRICES
Bid Total Based
Item Estimated Unit on Estim~ted
No, Description .ID:l.ll Quantitv Price Quantities
.
Total Evaluated Bid $ 53,229.00
Bid Items 1 through (in numbers)
Total Evaluated Bid FIFTY THREE THOUSAND TWO HUNDRED I
Bid Items i through (in words)
Oo}.~afs
TWENTY NINE DOLLARS" * * AND -It ,'( ,'c ,It "1< ,'t ,'c
NO/lOa * * * * * * * * * * * *
Cents
I
P-3.1
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"
PROPOSAL
(BID FORM)
proposal of SUMMERS/PERINI CONSTRUCTION, INC.
(Contractor)
261 E. Prospect Road - Oakland Park, FL 33334
(Address)
to furnish and deliver all materials and to do and perform all
work in accordance with the Contract Documents for the Project
entitled:
PROJECT NAME: CITY HALL HURRICANE SHUTTERS
CITY OF DELRAY BEACH PROJECT NO: 94-19
.
'"1l 93-395.10
CONSULTANT PROJECT NO:
To: purchasing Officer
city of Delray'Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
1. The undersigned Bidder proposes and agrees, if this Bid is
accepted, to enter into an Agreement with the CITY in the
form included in the Contract Documents to complete all
Work as specified or indicated in the Contract Documents
for the Contract Price and within the Contract Time
indicated in this Bid and in accordance with the Contract
Document. .
2. Bidder accepts all of the terms and conditions of the
Instructions to Bidders, including without limitation
those dealing with, the disposition of Bid Security. This
Bid will remain open for sixty (60) days after the day of
Bid opening. Bidder will sign and deliver to the CITY the
Agreement and subIl' it the Contract Security, Insurance
Certificates and other documents required by the Contract
Documents within fifteen days after the date of OWNER'S
Notice of Tentative Award. If Bidder should fail to sign
the Agreement and deliver it to the CITY along with the
contract Security, Insurance certificates and other docu-
ments within said period, the CITY shall have the power to
rescind said award and also retain for the CITY the Bid
Security accompanying the proposal which shall become
forfeite~ as liquidated damages.
.'
P-l
,
.
3. In submitting this Bid, Bidder represents, as more fully
set forth in the Agreement, that:
a. Bidder has. examined copies of all the Contract
Documents and of the following addenda:
Number ~ Number ~
~ Addendum #1 6/20/94
receipt of all of which is hereby acknowledged and
also copies of the Advertisement for Bids and the
Instructions to Bidders;
b. Bidder has examined the site and locality where the
Work is to be performed, the legal requirements
(federal, state and local laws, ordinances, rules and
regulations) and the conditions affecting cost,
progress or performance of the Work and has made such
independent investigations as Bidder deems necessary.
c. This Bid is genuine and not made in the interest of
or on behalf of any undisclosed person, firm or
corporation and i$ not submitted in conformity with
any agreement or .rules of any group, association,
organization or corporation; Bidder has not directly
or indirectly induced or solicited any other Bidder
to submit a false or sham Bid; Bidder has not solic-
ited or induced any person, firm or a corporation to
refrain from bidding; and Bidder has not sought by
collusion to obtain for himself any advantage over
any other Bidder or over the CITY; no official of the
CITY or any person in the employ of the CITY is
directly or indirectly interested in said bid or in
the supplies of work to which it relates, or in any
person of the profits thereof.
(Remainder of this page left blank intentionally)
.-
. P-2
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.
,
, "')r':1
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4. Bidder will complete the Work for the following prices:
SCHEDULE OF BID PRICES
Bid Total Based
Item Estimated unit on Estimated
l:!2..t.. Description ~ Quantity Price Quantities
D/N/A
,-
.
Total Evaluated aid $ 59,850.00
Bid Items 1 through 12:..._ (in numbers)
Total Evaluated Bid
Bid Items 1 through E (in words) Fifty Nine Thousand Eight
DOllarsHundred Fifty
None
Cents
I
P-3.1
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, , M'
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr.1.ter'. D.1.rec::t L.1.ne
DELRAY BEACH (407) 243-7090
F LOR IDA
It.Ia.d
AII.America City
, ~ III! MEMORANDUM
Date: July 29, 1994
1993
To: City Commission Assistant City Attorn~
From: David N. Tolces,
Subject: Telecommunications Bills - Use of Riqhts-of-Way
I spoke with Kevin McCarty of the United States Conference
of Mayors regarding two bills pending in the U. S. House of
Representatives and the U. S. Senate. House Bill 3626
proposes to change the rate of compensation for cable
providers from a maximum of 5% of gross revenues to 5% of
the cost of providing cable services. This limitation would
have an adverse impact on the amount of revenues the City
could collect from cable providers.
Senate Bill 1822 does not alter the limitations on franchise
fees. The Conference of Mayors' concern with the Bill is
that it does not reaffirm the right of the local government
to preempt federal law. Without the preemption language, it
is possible that future legislation could further restrict
the City's revenue raised from right-of-way and other
franchise fees.
If the Commission desires to voice their objection to these
bills, the attached letter can be sent. Please call if you
have any questions,
DNT : smk
Attachment
cc: David T. Harden, City Manager
Joseph Safford, Finance Director
Sharon Morgan, City Clerk's OffiC~ ~
tele. dnt
5-0
/J oJ~ p dM/t-
9. I:
@ Printed on Recycled Paper
.,
87f22/94 88:36:52 -) 487 243 3774 Mayor Lynch Page 2
SENT BY: 7-21-94 ; 7:11PM; U.S.CONf.~AYORS~ VIA SUREfAX:# 2/ :1
THE UNITED STATES CONFERENCE OF MAYORS
16201W1\ STRBIIT, NORTHWEST
WASHlNGmN. D.C. 10006
Tm,BPtiONE (201) 29)-7330
I'^X(.202l.293-2352
'roD (202l293-9+415
MEMORANDUM
t'rcaldaul
VIGIUH ^,~1II1
w.yor ,~.l<l"uxvllk:
Vlce P~"l' TO: The Mayor
NO!tM,U.l RK.F.
"f;'\yrll',"'lt.~~ltl..
P....t Pl'eoldena.' FROM: J. Thomas Cochran, Executive Director
JBRItY AflfW,/SON
Mayor nf J(\\lIl;\lIUe
l\CBllR'l' M ISM!.. DATE: July 21, 1994
Miyo, of Colo..aoo Sprln~s
JOSJlPH P. "IIY.\'. I"
MayOr of <';harl~s[on. :;<.;
Tf\IIIleea; SUBJECT: Senate Commerce Committee May Consider
HIlC'lDk U1l~ "ClNm)(~
Mayor of S<\nJ<lJI\ Telecommunications Bill Next Week
CllARI.P_~ IIOX
Mayur vI" RLx.ld<mj
(J~p()~P. (X)H.MllINl
l>Uyor <II" &lll Like Cay
PAUl. HPIMIU: URGENT
/.byUt uf Pmt W,ync * *
SHAl\PB J^"llIS
May", (If NtIWlITk, NJ
JMUIS PIlIUION
May'" (If Polkh,"
EUl'.AI\P.'I'H I). H,U!A
Mayor of !\l)<:~ HlII The Senate Commerce, Science, and Transportation Committee
tlf!'l'H :WI~K't4~:/.j\
Mayor of Reno may act on telecommunications reform legislation as early as Tuesday,
I MVJIl SMITH
M:...yul....1[ Nt:wJl k. C.~ July 26. Committee Chairman Ernest Hollings and Ranking Minority
GRHl.i SPARROW
Ml>}"or of D.lCulh Member John Danforth have previously introduced S. 1822, legislation
MICHAEL WHIrF.
~u.ynr of CltM"'lm,d with some modifications that is expected to serve as the basis for action
AdVisOt'V Baat'd, by members of the Committee when they meet.
RrqlMl"l I'd PAl 1lV, C,,~ if
Mayo' of Ch~
'molNlS Ml.CHRR
Milynr of fJf!tma Oearborne Mayor Michael Guido, who chairs the Conference's
RICHARD AIlIUNGTON
"'")'fl' "r rl\nn1nBhllrn Subcommittee on Telecommunications, has prepared the attached
IlOBBiT CODUl
Mll}'Or of (.:C1ltlmt)I~, .sc memo and model letter to support your efforts in communicating with your
flREN'f cows
M~tl"J1 (lroc)I':"(": Senators on this issue. Given the outcome in the House of
CAkDl?i.\. COOYEl! Representatives, please note the actions that Mayor Guido has set forth.
M;\y(t{" of R.lfot Or.(n~l'
I.or }I~E C}AHflNI'W
Mayor <>fJ"a"'''1n CI,.
~1!:iAN 'NI.llING As you contact your Senators, please note particularly the
Ma:!,lf of Sa" 01e8"
K"Yljll.4.NvP.R fallowing members of the Senate Commerce Committee who will be
M.l'o, or Port Wnrrh
'<lIKfiJOH~NS making initial decisions on the legislation: Hollings (SC); Inouye (HI);
Ma)'(")r of Urn:llln
JAN UWllRT'l" JONES Ford (KY); Exon (NE); Rockefeller (WV A); Kerry (MA); Breaux (LA);
MAy(\r of l.k~ v~~
PRANKJORDAN Bryan (NV); Robb (VA); Dorgan (NO); Danforth (MO); Packwood (OR);
MSI~r of ~r. frar'M:I.Ij.(rl
JOLIN M<Cl\R1'Il\' Pressler (SD); Stevens (AK); McCain (AZ); Burns (MT); Gorton (WA);
MJl.yt"\rnfY.Vf:'r~rr Lott (MS); and Bailey Hutchinson (TX).
PATRICK ~h:MANUS
MOLy", "f Lynn
RfTAMULUNS
M.y~r 01 I'.l:tLU.< PI9ISQ. see two pages (memo and model letter)
)l.lHN I). N01<<JlIJ.Sl"
M;~yur of Mil'NOll,k,-~ that follow.
MEYHHA E. OKV-WNJ)nl<1'
"1'~rlu' (\"\lily-hll;' &~tdl
OONAW l'Ll JSQlJllWC
Mayor (of AAron
SAUL RAMllUl2., .m
MI!">' nf '.......do
SfiARON SAYlJiS 1lF.I.TO~
hi"!"" "f Mlnn.'I",lh
KURT S<;HMOKfi
MaY''' "IO>ltlrnore
P"UJ, SOOIlN
M'relf of MoWL","
8RUCE ropD
.
B7/ZZ/94 BB:37:36 -) 4B7 243 3774 Mayor Lynch Page 3
SENT BY: 7-21-94 : 7:11PM; U.S.CONf.MAYORS~ VIA SUREfAX:# 3/ 4
U 31~ 943 3055 Deal'born Comm P02
.
(~~
''\ q;j. I, ~~
.........../.
CITY 0' DBARBORN
MAVO~ Mtc"AIL A. QUIDO
Dear Mayor.
It is with sorne urgency that I write you today. As you may know. House of
Aepre80ntativtl8 Bill HR-3CS3fJ (now part of HR"'3626) recently passed
overwhelmlflgly .. Qver the objections of the U.S. Conference of Mayors and the
National league of Cities. Currently, in the Senate. S-1622 is being prepared for
mark up. It could be on the floor for a vote very 800n.
These bills constltuta a major change In national telecommunications
policy, and haw some very bftneficial provl$lom;. HR-a626 has, however,
largely overlooked one Of the most basic rights of cities acre81 the country .-. the
right to control and receive fair ocmpansatlon for the use of city proQerty. '
The purpose of my 18tt8r is to Qek you to contaot your Senator
Immediately, by phone or fax. to urija ~rnttndmont ot the Hollings bill (S-1622) to
affirmatively protect oities property rights and to Qsk for resistance to th~ ~f1ort to
substitute HA-3626In whole or In part for the Hollings bill.
Theae actions are absolutely easentlal10 protectIng cities interests In the
COnil!JfGnce committee proeeeo WhOfe lhee two billS are teoonoiled. I have
enolosed a sample lett,r tor your COnv'ltnience. I would appreciate a copy of
your letter faxed to me at 313M943~3070.
Slnoerely,
~~-a-'~
Michael A. Guido
M.yor ,
OI'l'va.l.All . "'"A........'. ,,~. u_ .
.
.
87/22/94 BB:38:13 -) 4B7 243 3774 Mayor Lynch Page 4
SENT BY: 7-21-94 : 7:12PM: L.S.CONf.MAYORS- VIA SLREFAX:; 4! 4
1t 3H 94" 3055 Dearl.J<.ITn COD PO;)
Oear Senator,
As you know, the House ot Representatives overwhelmingly passed HR.
3e36 (now ~~rt of HR-3e26) and the Senate Commerce. ScIence and
Tra06portation Committee i8 preparing 10 mm up 5-1822, What you may not
know is that HA-3636 was pa.sed over the strong objections of the U.S.
Conferonce of Mayors and the National League ot Cities.
HR-3626 largely overlooks one of the most buic rights of cities across the
oountry -- the right to control ~f\d r~IV' fair comprtneetion for the US$J of a City'S
valuab'e property (Its right of way).
HR-3626 and the Senate am 5-1822 represent major changes in national
teleoommunications policy, and bOth contain som, very beneficial proviSions. I
am coocerned, howIV.r, that Cltleslnterest& may be overtooke<1 as tl"l181mportant
issue is debated.
As you consider S.' 822, I urge you to offer or support an amendment to
the effect that "nothing In Chle 0111 anOUI(1 be conSlrutd to pre-empt local
governments right to fair compensation for, or the right to roquire reasonable
conditions for. the use of Its valuable property (rl~ht of way},",
AI5O. it Is imperative that you resist any effort to 8ubsti1ute HR.3828 or Its
provisions in pface of or in addItion to the provisIOns of S.1SC2,
These actions on your part. wtll go a long way toward protecting the rights
Of Cities aurin; me HouMlSenate conference committee process when the,.
two bill, ar. rlCOnGiled.
Thank you for your kind consideration of this request.
Sinc.rely.
Mayor
.
6:is (k"l g ;>- cr: ~
' ,,~ '........
. '7~22/94 c: Commission, City Manager I
B7'/22/ 4 BEt: 36 : 26 -) 4B7 243 3774 Mayor Lynch Page 1
RAB:mld
I Bust the I
~Blnl A~V THE UNITED STATES
Inl~ ..If CONFERENCE OF MAYORS
" ~L~'1.
1111.1,.0 1620 Eye Stnd~ NW · lX,A:ijl~lnn H,C 20006
Support the Plan
JOBS NOW 1993 Telephone (202) 293. 7330 ' F ~x (202) 293.2352
RECe:iVED
Important Facsimile JUL 2 , '9M
Please deliver immediateh: CITY COMMiSSION
,
TO: The Honorable Thomas Lynch
Mayor of Delray Beach
Delray Beach, FL
FROM: J. THOMAS COCHRAN
EXECUTIVE DIRECTOR
U.S. CONFERENCE OF MAYORS
ATTN:
TO: FAX PHONE #: 407-243-3774
MRN: 01373024-004-228-0227
TIME: Fri Jul 22 00:32:56 1994
4 PAGES INCLUDING COVER SHEET
,
.
.
Uncompensated Appropriation
Of State And Local
Rights-Of-Way W hen the telecommunications company argued that it had
rights granted under a federal statute to use local public
property for a national (interstate) communications net-
work withoUl compensation. the court replied:
For Telecommunications The Congress of the United States has no power to
take private property for public purposes without
compensation. and it can no more take the property of
a state or one of its municipalities than the property of
an individual. The acts of Congress. . . conferred on
the defendant [telecommunications company] no rights
Service Providers - to use the streets and alleys of the city . . . which
belongs to the municipality. I
The court was construing the applicability of the Federal
Telegraph Act of 1866 to the telegraph companies' use of local
public property. The case cited several United States Supreme Court
cases, dating from 1893. While this issue was apparently well
By: Clarence A. vVest settled in 1903, it may be revisited again 90 years later in light of
pending Congressional telecommunications legislation coupled with
the long history of telecommunications companies litigating "per-
ceived" ambiguities in federal legislation to their benefit. Specifi-
cally in the currently proposed legislation on the "Infonnation
Superhighway," there are sections concerning state and local au-
thority.2 Some telecommunications service companies may argue
that these sections "preempt" or "supersede" not only state and local
authority to regulate interstate telecommunications providers, bUI
even to receive compensation for the use of local public property.
General Overview
Clarence A. West served as the City Attor- This article has been prepared to assist local governments in
ney of Houston. Texas from 1988 to 1991
and is currently in private practice with their review of pending Congressional legislation on the "Infonna-
the Houston law firm of Dow, Cogburn & rion Superhighway." such as proposed in H.R. 3636 (Brooks/
Friedman. P.c. Since entering private Dingel), H.R. 3636 (Markey/Fields) and S. 1822 (Sen. Hollings). It
practice he has successfully represented will delineate the authority of the federal government (or lack
cities on franchise fee claims. telephone thereot) with regard to the use of state and local public roads and
franchise contracts and cable television rights-of-way. The law in this area arose primarily in the late 1800s
franchise renewal negotiations. Mr. West and early 1900s through me U.S. Supreme Court construing federal
currently serves as Vice-ChairofNIMLO' s
Municipal Contracts. Franchises and Technology Section. legislation passed in 1866 to assist the infant telegraph industry.3
Those same legal principles, as established in those cases. are still
being cited as mey apply co cable television companies' contempo-
rary use of public rights-of-way.
/00 !...Iunicipal,\ttorney
.... "
-
.
I. Municipal Authority To Grant Franchises
And Receive Compensation
In most states. the state itself has title and authority to control and
regulate the public streets and rights-of-way. Frequently that authority is
delegated by statute to municipalities. with a minority of states granting
franchises to the telecommunications provider directly by statute.~ The
statutory law in each state regarding the city" s authority to grant franchises
should be reviewed in detail as to the extent of that authority and any
limitations on it.
A city-wide street franchise is a special kind of contract. It is a
contract that allows or gives the city's permission to a private company (a
franchisee) to use the public streets and rights-of-way for private economic
gain. The franchisee pays the city for the use of those public streets in the
form of franchise fees. The fees that are paid to a city as compensation for
using the public streets are sometimes called "street rentals" - they are not
taxes.s A franchise fee is the consideration paid for the franchise. for the A
rights granted by it and as compensation for use of the public property.6
The payment of franchise fees is a contractual obligation of the franchi-
see.7
II. Federal Authority To Affect State And Local Rights Ouestion
To Compensation
--
A. Federal Grants To Telegraph Companies8
In 1866. by federal statute. Congress granted rights to telegraph Of
companies to use federal "post roads" (mail routes) for interstate telegraph
operations and prohibited states and local governments from interfering
with those operations via the Telegraph Act of 1866. In City of St. Lollis
v. Western Union Telegraph Co..9 Western Union challenged the right of Federal
I cities to impose a pole charge or have a street rental fee in light of the
I
I Telegraph Act of 1866. The Supreme Court held that cities could require
I telegraph companies to pay reasonable street rental franchise fee payments
i for the use of the public streets. as the federal statute did not grant an ". . .
unrestricted right to appropriate the public property of the state."1O The Authority
Court went on to say:
No one would suppose that a franchise from the Federal
government to a corporation. . . to construct interstate. . .
lines of . . . communication. would authorize it to enter upon
the private property of an individual, and appropriate it
without compensation.. . . the franchise. . . would be . . .
I subordinate to the right of the individual not to be deprived
i of his property without just compensation. And the prin-
ciple is the same when, under the grant of a franchise from
the national government. a corporation assumes to enter
upon property of a public nature belonging to a Slate.. . . [I]t
is not within the competency of the national government to
dispossess a state of such control and use, or appropriate the
same to its own benefit. or the benefit of any corporation or
grantees, without suitable compensation to the stale. This
rule extends to streets and highways: they are public prop-
erty of the state. I I
July/August 1994 vol. 35 no. 4 101
.
The Court concluded that under the Act of 1866 "the occupation receive compensation for the use of public streets has been upheld
by this interstate commerce company of the streets cannot be denied many times by the V.S. Supreme Court. the extent of that authority
by the city. . . all . . . [the city 1 can insist upon is . . . reasonable ultimately turns on the authority granted by state law. While the
compensation for the space in the streets thus exclusively appropri- majority of states do allow compensation. several do not.21 Clearly.
ated.. .. '''12 each state' s law must be reviewed in detail.
On the rehearing of this case, 13 when the city' s right to charge
a fee under the state statutory authority to "regulate the streets" was B. Federal Cable Television Regulatory Statutes
challenged. the Supreme Court opined:
As of December 29, 1984, federal statutory law provides the
"[T]he power to require payment of some reasonable overriding guidance as to cable television franchises and franchise
sum for the exclusive use of a portion of the streets was fees.22 One item the 1984 Cable Act made clear was a federal
within the grant of power to regulate the use." mandate for a local franchise,:!3 Section 621 (b)( I) expressly states
that "acable operator may not provide cable service without a [local]
The next signifi- franchise. "24 (The only exception arises if the operator were provid-
cant case concerning ing that cable service without a franchise prior to July I. 1984 or if
The Congress of the a municipal charge for the cable operator is the franchising authority itselt).
the use of streets was The 1984 Cable Act and the 1992 Cable Act as did the F.CC
Western Union Tele- before them. provide that compensation be paid for the use of the
United States has no graph Co. v. City of local public properties. The 1984 Cable Act preempted the previous
Richmond. 15 Justice three percent franchise fee regulation by the F.CC25 and permitted
Holmes. in delivering up to five percent as a franchise fee without any regulatory review,:!6
the opinion of the Also under the 1984 Cable Act. the permissible franchise fee base
power to take private Court in construing may include all gross revenues "from the operation of the cable
the Telegraph Act of system. "27 In addition. the 1984 Cable Act also provides that a fi ve
1866. stated: percent charge can be assessed on others who provide cable service
property for public "for which charges are assessed to subscribers but not received by
"[T]he statute is only the cable operator."28 This provision ensures that a cable service
permissive. not a provider does not "bypass" the live percent fee.
source of positive
purposes without rights... .[The statute] C. Other Constitutional Issues
gi ves the appellant
[the telegraph com- Cable television franchisees. as mediums of information. raise First
pany] no right to Amendment issues as to their regulation and taxation. A number of
compensation. use the soil of the cases do indicate. however, that cable television franchisees can be
streets, even though regulated and there can be local franchise fees and taxes imposed
post roads, as against upon them, so long as they are incidental and not too burdensome on
private owners, or as the medium.29
against the city or Telephone franchisees or telephone service providers have argued
state, where it owns the land."'6 that cities and states violate the Commerce Clause of the V.S.
Constitution when they impose state or local charges on interstate
The last significant case of this series was in 1919, in which the "access fee" revenue. However, the U.S. Supreme Court and the
court tersely disposed of the issue of compensation. In Postal various state courts have rejected that argument and have upheld
Telegraph-Cable Co. v. City of Richmond, 17 the Court concluded: such charges against the Commerce Clause chalIenges when there
"Even interstate business must pay its way - in this ca<;e for its is a sufficient "nexus" with the state (i.e.. an interstate call ends or
right-of-way and the expense to others incident to the use of it."18 begins in the state and is biJIed. charged or paid in the state or
The vitality of the City of St. Louis case was evidenced again in 10cale))O
1982 by the V .S. Supreme Court in Loretto v. TeLeprompter Manhat-
tan CATV Corp. I') In Loretto, the Supreme Court was asked to Conclusion
determine the constitutionality of a New York State statute which
required landlords to allow cable television companies to install While the U.S. Supreme Court has ruled in a number of cases thai
cable wires in buildings without any compensation to the property Congress cannot appropriate state and local public streets and rights-
owner. The Court hdd that the State of New York could not require of-way forthe use and benefit of third parties without compensalion.
such use of pri vate property wi thout compensation even though the the authority to actually receive compensation for the use of state
cable wires did not take up a great deal of space. As the Court stated, and local public properties is contingent on state law. Therefore.
"a taking does not depend on whether the volume of space it while federal legislation should be monitored and revised if neces-
occupies is bigger than a bread box."20 sary to avoid any ambiguity that may give rise to litigation in this
Again, while the authority of the state or a city to assess or area, based upon the present law, in the event of such litigalion, state
102 ,"Iullicipal Attortley
~
and local governments should prevail. Citv of Toledo v. Westem Union Telegraph Co.. 107 F. 10 (6th Cir.
190 I). In a narrowing of what the telegraph companies could use the post
Notes roads for. the court opined that the federal statute only authorized a
I telegraph company to use the post roads for interstate business: that it did
I Postal Telegraph Cable Co. 1'. City of Newport. 76 S.W. 159 (Ct. App. Ky. not grant the right to use the roads for a district telegraph operation (i.e ..Iocal
I business). See also City of Memphis v. Postal Tel. Cable Co.. 145 F. 602 (6th
I 1903). Cir. 1906) and City of Nashville \'. Cumberland Telepholle & Tel. Co., 145
I :! H.R. 3626. Sec. 107(d)(2), '"This Act shall supersede ST A TE and LOCAL F. 607 (6th Cir. 1906).
i law to the extent that such law would impair or prevent the operation of this 9 148 U.S. 92 (1893).
I Act:' 101d. at 100.
H.R. 3636. Sec. 102. Subsection (c)(3). "Preemption.. .. [N]o State or II ld . at 10 l.
local government may. . . effectively prohibit any person or carrier from 121d. at 104.
providing any interstate or intrastate telecommunication service or informa- \3149 U.S. 465 (1893).
tion service. orimpose any restriction or condition on entry into the business
of providing any such service. .. 141d. at 470. The authority to
(H.R. 3636 was reported out of the House Committee on March 16. 15224 U.S. 160 (1912).
1994 with several amendments being proposed. One was to expand cable 161d. at 17 I.
television franchise rights to provide telecommunications services. argu- 17249 U.S. 252 (1919).
ably including telephone service without including that new revenue in the ISld. at 259. actually receive
franchise fee base. Another amendment requires "local fee parity:' With 19458 U.S. 419 (1982).
those two amendments current fee charges may be questioned.) :!Old. at 438. n. 16. This
S. 1822. Sec. 3(b)(2). '"This Act shall supersede STATE and LOCAL same thought was ex- . ~ h
law to the extent that such law would impair or prevent the operation of this pressed an;ther way in compensatIon or t e
Act." Sowhwestern Bell Tel. Co.
S. 1822. Sec. 230(al. '". . . no STATE or LOCAL statute or regulation. v. Webh. 393 S.W.2d 117
or other STATE or LOCAL legal re4uirement. shall prohibit or have the (Mo. Ct. App. 1965). The use of state and local
effect of prohibiting the ability of any entity to provide interstate or telephone company argued
intrastate telecommunic:nion service." that the placement of tele-
3 In Pen.\'(/cula Telegraph Co. v. Westem Ullion Telegraph Co.. 96 U.S.!. phone cable on the private
9 (1878). the Supreme Court characterized the early telegraph service as landowner's property did public properties
follows: "The electric telegraph marks an epoch in the progress of time.. . not give rise to compensa-
. [It has become] one of the necessities of commerce. It is indispensable as tion as "not one single iota
a means of intercommunication. but especially is it so in commercial of defendant's land wasac-
transactions. .. tuallytaken."fd.at 121. To is contingent
4 Tex. Rev. Civ. Stat. Ann.. art. 1175. * 2. and art. 1181 (Vernon Supp. that argument. the court
i 1994). Bur see Pacific Tel. & Tel. Co. v. City of Los Angeles. ~ Cal. 2d 272. tersely replied: "If no land
282 P.2d 36( 1955); City of Pet alum a v. Pacific Telephone & Telegraph Co.. has been taken. where is
i 282 P.2d43 (Cal. 1955): and Pacific Telephone & Telegraph Co. v. City and the cable?"
, on state law.
Count.... of San Francisco. 336 P.2d 514 (Cal. [959), where the rights to a See TCI of N. Dakota.
; telephone franchise are granted directly to the franchisee pursuant to state fnc. v. Schriock Holding
,
! law. Co.. II F. 3d 813. 815 (8th
I 5 City of St. Louis v. Western Union Telegraph Co.. [48 U.S. 92 ([893); Cir. [993), in which the
!
Fleming v. Houston Lighting & Power Co.. 138 S. W.2d 520 (Tex. [940); Circuit Court in dicta discusses the possible Constitutional problems of the
i City of Springfield v. Postal Tel. & Cable Co.. 97 N.E. 672. 253 Ill. 346 [984 Cable Act concerning the taking of undedicated property. It also cites
(1912); Lewis v. Nashville Gas & Hem. 40 S.W.2d 409 (Tenn. [93[); a number of other circuit court opinions which discuss this same issue. Of
Nashville Gas & Hearing Co. v. City of Nashville. 152 S.W.2d 229 (Tenn. course. the Cable Act provides for a five percent fee as compensation.
1941 ); Butcj.AT&TCommunications v. Little Rock, 866S.W.2d 914(Ark. :! I City of Tulsa v. Southwestern Bell Tel. Co.. 75 F.2d 343 (10th Cir. 1935).
App. 1993). writ granted: and Diginet v. Western Union ATS. Inc.. 845 F. The states that are mentioned in City of Tulsa that could collect franchise
Supp. 1237 (N.D. Ill. 1994). both of which construed franchise fees as fees in 1935 are Illinois. Tennessee. Colorado. Connecticut and South
"taxes"; and Robinson Protective. Etc. v. City of Philadelphia. 581 F.2d 371 Dakota. The states that the court concludes could not charge a fee are
Ord Cir. [978), which allowed that under state law franchise fees were Kansas. Wisconsin. Iowa and Oklahoma. BIIt see AT&T v. Village of
"rental." but under the federal Tax Injunction Act they were taxes. Arlington Heights. 620 N.E.2d 1040 (Ill. 1993) (not allowing city franchise
6 Alpert v. Boise Water Corp.. 795 P.2d 298 (Idaho [990). This case fees pursuant to state law on a non-local fiber optics cable line).
provides an excellent contemporary analysis on the nature of a franchise 2:!The Cable Communications Policy Act of 1984 as amended in
and authority to charge a franchise fee. 1992 by the Cable Television Consumer Protection and Competi-
7 City of Jamestown v. Home Tel.. 125 App. Div. I. 109 NYS 297 (Sup. Ct. tion Act of 1992.47 USe. ~ 521. et. seq.
App. Div. 1908); City of Mitchell v. Dakota Central Tel. Co., 127 N.W. 582 :!3See American Civil Liberties Union v. F. e.e.. 823 F.2d 1554. 1557-1563
(S.D. 1910); Alpert v. Boise Water Corp.. 795 P.2d 298 (Idaho 1990) (D.C. Cir. 1987), cut. denied. 485 U.S. 959 (1988). in which the D.C.
8Whi[e telephone companies argued they had the same rights as telegraph Circuit Court reviews the history of cable television jurisdiction between
companies under the federal statute. that argument was rejected in City of local governments and the F.C.C.
Richmond v. Sollthern Bell Tel. & Telegraph Co.. 174 U.S. 761 (1899). :!4The U.S. Supreme Court recently upheld the F.C.C. 's interpretation of the
See Rights-Or-Way page 106
July/August 1994 vol. 35 no. 4 103
,
son had been escorted out by an off-duty Zoning / (2) of general applicability need not be jus-
police officer who at the time was employed titled by a compelling governmental interest
by the bar as a part-time security guard. The Homeless Shelter Zoning even if the law has the incidental effect of
facts showed that the oftlcer was aware of Ordinances Upheld burdening a particular religious practice (the
the growing tcnsion between the victim and Court in Hialeah found that the law was not
the aggressor. but indicated to the aggressor neutral or of general applicability but. rather,
that he had no intention of intervening in any The United States Court of Appeals for was enacted for the specific purpose of pre-
altercation that took place outside the bar. the Eleventh Circuit has upheld the Collier venting the religious practice at issue). How-
The city maintained that the officer was County, Florida zoning ordinances that de- ever. a law that does not meet those require-
not acting as its agent. and therefore. it could scribe areas where homeless shelters may be ments must be justitied by a compelling
not be found liable for his actions or inac- located and set out regulations for their op- state interest and narrowly tailored to meet
tion. However. the Court responded that the eration. A local church challenged the ordi- that interest (the Hialeah ordinances failed
ultimate tesl of agency is the "right of con- nances on tirst amendment. free exercise of these tests as well).
troI." whether actual I y exercised or not. The religion grounds following the county's de- The Court of Appeals detennined that.
majority concluded that the officer was un- tennination that the local church' s operation unlike the ordinances at issue in Hialeah, the
der the city's control as evidenced by the of a homeless shelter on church property Collier County ordinances are neutral and of
police department's rules and regulations violated the local zoning ordinances. In general applicability because the zoning re-
governing the conduct and responsibility of addressing the church's constitutional chal- quirements apply to any homeless shelter or
officers working police-related off-duty jobs. lenge to the ordinances. the court applied the group home. regardless of who operates
Because the ofticer was bound by those United States Supreme Court's decision in them. The court concluded that the county' s
rules at the time of the incident he was Church of Lukumi Babalu Aye \'. Hialeah. intent in passing the ordinances was not to
indeed an agent of the city and was acting in Florida. 113 S. Ct. 2217 ( (993). in which the inhibit or oppress religion. rather. the county
the line and scope of his duty. City of Supreme Court found that a local law target- was motivated to address general health and
Birminghal1ll'. 8m.Hm. 63] So. 2d 902 (Ala. ing the use of animal sacrifice for religious safety concerns. First Assembly of God of
1993). purposes violated the Free Exercise Clause. Naples \'. Collier COll/lty, Florida. 20 F.3d
Under Hialeah. a law that is ( I) neutral and 4[9 (11th Cir. 1994). 6-
Rights-Of- W ay from page 103
section of the 1992 Cable Act which provides that if satellite master antenna tax on cable television service against a First Amendment challenge. even
cable television providers use any public rights-of-way or do not have though the print media had been exempted from the tax. Telestat Cable vision,
common ownership or management of the buildings for which cable service I/lc. I'. City of Riviera Beach. 773 F. Supp. 383. 406-07 (S.D. Fla. 1991).
is provided. they need a local franchise. F. C. C. v. Beach Communications. appeal docketed. No. 91-5908 ( II th Cir.. Oct. II. 1991). The court upheld
I/lc.. _ U.S. _' 1135.0.2096. 124 L.Ed. 2d 211 (1993). franchise fees against a constitutional attack. as long as they were related
For a discussion of the First Amendment rights of a telephone company to the costs of administration and to the fair market value of the public
to provide cable television services see Chesapeake and Potomac Tele- rights-of-way. Chicago Cable Communication v. Chicago Cable Comm 'n..
phone Company of Virginia v. United States. 830 F.Supp. 909 (E.D. Va. 678 F. Supp. 734(N.D. Ill. 1988). affd, 879 F.2d I 540 (7th Cir. ]989), cerr.
1993). The case had a premise. unchallenged by the panies. that a cable denied. 493 U.S. 1044 (1990). The court held it was not a First Amendment
television franchise under the Cable Act would be required by the telephone violation to assess a contractually agreed upon fine on a cable operator for
company to provide this cable television service. violation of the cable agreement. Erie Telecommunications. Inc. v. Ciry of
Bm see F.c.c. action on the "video dial tone" matter. which will allow Erie, 659 F. Supp. 580. 594-98 (W.D. Pa. 1987). The coun, without
telephone companies to provide a video service without the franchising reaching the constitutional issue, held that franchise fees were an essential
requirements of the 1984 Cuble Act, provided they have an existing pan of the franchise "contract". which were supponable as a tenn of the
telephone franchise. Second Report and Order. Recommendation to Con- contract. because the payments were "rent" for commercial use of the
gress and Second Further Notice on Proposed Rulemaking, 7 F.C.C. Rcd. public rights-of-way. Group W. Cable. Inc. v. Ciry of Santa Cruz. 669 F.
5781 (1992). In the Bell Atlantic case, cited above. the coun concludes that Supp. 954. 974-75 (N.D. CuI. 1987). The co un upheld the franchise fees as
video dial tone (visuul images) is something "less" (significantly less) than they were reasonably based on the fair market value of the property and
cable television video programming. administrative costs. But see Century Federal, Inc. v. CiryofPaloAlto. 710
2547 C.F.R. * 76.31 (amended in 1977. and deleted in 1985). F.Supp. 1559 (N.D. CaI. 1988). The coun held that a franchise fee violated
26Sec.622(b). the First and Founeenth Amendment. (The City of Palo Alto did not charge
27/d. all users of the rights-of-way a franchise fee, and those that were charged
2llSec. 622(h)( I ). had different charges).
29Ciry of Los Angeles v. Preferred Communication. Inc.. 476 U.S. 488. 495 30City of St. Louis v. Western Union Telegraph Co.. 148 U.S. 92 (1893).
( 1986). The U.S. Supreme Coun held that a cable television franchise does rehearing. 149 U.S. 465 ( 1893). The coun held that the city did not violate
raise First Amendment issues. but the Coun left open the extent of the Commerce Clause by charging for the use of city streets by imposing
governmental regulations and the standard of judicial review pending a rental fee on telegraph poles. Goldberg v. Sweet. 488 U.S. 252 (1989).
further devt:lllpment of the facts at the trial coun. Leathers v. Medlock. 499 The U.S. Supreme Coun upheld a state tax on telephone interstate access
U.S. 439 ( 1991). The U.S. Supreme Coun upheld an Arkansas general sales fee charges. ~
]()6 Municipal f\ttorney
~~
.
"
M E M 0 R AND U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: I~ITY MANAGER
q/<
SUBJECT: AGENDA ITEM :II: - MEETING OF AUGUST 2. 1994
APPOINTMENT TO THE PARKING MANAGEMENT TEAM
DATE: JULY 27, 1994
This is before the Commission to appoint Janet Onnen as the DDA
Area (land or business owner) representative to the Parking
Management Team. This position was previously held by Donald
Hornby and is now vacant.
The Community Redevelopment Agency reviewed this appointment on
July 14, 1994, and voted unanimously to nominate Ms. Onnen to fill
the position.
Recommend approval of Janet Onnen's appointment as the DDA Area
(land or business owner) representative to the Parking Management
Team.
~ 5-V
ref:a:agmemo
,
, ~
CD Community
Redevelopment
-a Agency
Delray Beach
MEMO TO: Mayor Thomas Lynch
City Commissioners
FROM: Kevin Egan, Chairman
Parking Management Team
DATE: July 18, 1994
RE: Appointment to Parking Management Team
At the CRA Board meeting held on July 14, 1994 it was unanimously voted to nominate Janet
Onnen to the Parking Management Team, filling a vacated position for the DDA Land or
Business Owner area previously held by Donald Hornby.
Janet and her husband Tim are the owners of Meisner Electric at 220 NE 1st Street. We feel that
someone from this area of the City is important for parking input as well as being a part of the
Pineapple Grove Main Street area.
The PMT would appreciate your approving this nomination at the City Commission meeting
scheduled for Tuesday, August 2,1994.
/d
207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 I Fax (407) 276-8558
..,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~Y MANAGER
SUBJECT: AGENDA ITEM * CfL - MEETING OF AUGUST 2. 1994
APPOINTMENTS TO THE PLANNING AND ZONING BOARD
DATE: JULY 28, 1994
The terms of Jean Beer, Robert Currie, Jay Felner and Karen
Kiselewski on the Planning and Zoning Board will expire August 31,
1994. Ms. Beer and Mr. Currie are ineligible for reappointment
since they have now served two successive terms. Mr. Felner does
not wish to be considered for reappointment. Ms. Kiselewski was
appointed to the board in August, 1992, and has now served one full
term. She is eligible and would like to be considered for
reappointment. The attendance record is attached.
To qualify for appointment, a person shall either be a resident of
or own property in the city, and/or own a business within the city.
The term is for two (2 ) years, commencing September 1 , 1994, and
ending August 31, 1996. The list of applicants is attached for
your review.
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
The order of appointment will be as follows: .
f~ ~ S-o
Commissioner Ellingsworth (Seat #3) -: ~ 5'-0
Commissioner Randolph (Seat #4)-~ .
Mayor Lynch (Seat #5)- ~~~ _
Commissioner Smith (Seat #1)-- 5 0
Recommend appointment of four (4 ) members to the Planning and
Zoning Board to terms ending August 31, 1996.
{1ft ~ 5-0
ref:agmemo1
,
.
Appointments to the Planning and Zoning Board
City Commission Regular Meeting of August 2. 1994
The following persons have submitted applications for your review:
Donald Allgrove (also applied for SPRAB and BOA)
J. Kent Atherton
John G. Baccari (also applied for SPRAB, BOA, BCA)
Norma Bannoura (has applied for any board)
Robin Bird (currently serving as alternate on BOAj has applied
for regular member on BOA and for SPRAB)
Fred Bonardi (currently serving as alternate member on BOAj
also applied for SPRAB)
Louis J. Carbone
David I. Cohen (has applied for any board)
Helen Coopersmith
Kenneth J. Damian (also applied for SPRAB)
Anthony Damiano (also applied for HPB)
Helene Egelman
Michael Eisenrod (currently serving on BOA I with term expiring
8/31/94j has reapplied for BOA and also SPRAB)
W. Howard Ellingsworth (also applied for HPB)
Joseph Farkas (also applied for HPB)
Sharon Fowler (also applied for SPRAB)
Earl R. Hahn (also applied for BOA)
Daniel P. Hess (currently serving on BCAj also applied for SPRAB)
Barbara Holden
James A. Johnson
John-Michael Jones
Karen Kiselewski (incumbent)
Adele S. King
Leo Koppman (also applied for BOA)
Harriet Lerman (also applied for SPRAB)
.
Jon Levinson (currently serving on BOA, with term expiring
8/31/94 and not eligible for reappointment;
also applied for SPRAB and BCA)
Alberta McCarthy
P. Michael Manning
Jerome (Jerry) Marshall
Arthur J. Menor
Rosalind Murray (has applied for any board)
Steven Neubarth (also applied for SPRAB)
Sandra K. Norton
Michael G. Park (currently serving on BOA, with term expiring
8/31/94; has reapplied for BOA as well as P&Z
and SPRAB)
Sylvia Gwynn Pecaso
Thomas Purdo
Robert L. Puzey (currently serving on BOA; also applied for
SPRAB)
Barry Rubin (currently serving on General Employees Retirement
Committee; also applied for BOA and HPB)
David Schmidt (also applied for SPRAB)
N. Willard Schwartz (also applied for SPRAB)
Sidney Soloway (also applied for BOA)
William Stone (also applied for BCA, BOA and SPRAB)
Leonard Syrop (also applied for BOA)
Alvaro Vera (also applied for SPRAB)
Stanley Watsky
Reginald Williams (also applied to BOA)
William Wilsher (also applied for SPRAB)
Deborah Wright
,
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I
M E M 0 RAN D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~TY MANAGER
SUBJECT: AGENDA ITEM ~ q (Yj - MEETING OF AUGUST 2. 1994
APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD
DATE: JULY 28, 1994
The terms of Gene Fisher and Richard Mouw (laypersons), Jess
Sowards (registered architect), and Debora Turner Oster (registered
landscape architect) on the Site Plan Review and Appearance Board
will expire August 31, 1994. Mr. Fisher, Mr. Sowards and Ms. Oster
are ineligible for reappointment since they have served two
successive terms. Mr. Mouw was appointed to the board in August,
1992, and has served one full term. He is eligible and would like
to be considered for reappointment. The attendance record is
attached.
To qualify for appointment, a person shall either be a resident of
or own property in the city, and/or own a business within the city.
In addition, one member of the board shall be a registered
architect and one member shall be a landscape architect or a person
with expertise in landscaping or horticulture. The term is for two
( 2 ) years, commencing September 1, 1994, and ending August 31,
1996. The list of applicants is attached for your review.
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
The order of appointment will be as follows:
Commissioner Smith (Seat ~1) - layperson-.p~~ 5-0
Commissioner Alperin (Seat #2) - layperson- . ~ 0--0
Commissioner Ellingsworth (Seat #3) - registered architect~J~5-0
Commissioner Randolph (Seat #4) - landscape architec~~5-~
Recommend appointment of four ( 4 ) members to the Site Plan Review
and Appearance Board to terms ending August 31, 1996.
Qft~ 5-()
ref:agmemo2
.
.
Appointments to the Site Plan Review and Appearance Board
City Commission Regular Meeting of August 2. 1994
The following persons have submitted applications for your review.
Please note the applications are separated into the categories of
architect, layperson, and landscape architect.
Applicants for architect position:
John G. Baccari (also applied for P&Z, BOA, BCA)
Richard Brautigan (also applied for HPB, BOA)
Gary Eliopoulos
David Martin
Charles Toth
Applicants for layperson positions:
Donald Allgrove (also applied for P&Z and BOA)
Patty Miller Andrews
Norma Bannoura (has applied for any board)
Robin Bird (currently serving as alternate on BOAj also applied
for P&Z)
Fred Bonardi (currently serving as alternate on BOAj also applied
for P&Z)
Robert Brewer
Ralph Cantin (architect/civil engineer, but not registered)
David I. Cohen (has applied for any board)
Kenneth J. Damian (also applied for P&Z)
Mark David
Benjamin DeSio (also applied for HPB)
Michael Eisenrod (currently serving on BOA, with term expiring
8/31/94j has reapplied for BOA and also P&Z)
Sharon Fowler (also applied for P&Z)
Daniel P. Hess (currently serving on BCAj also applied for P&Z)
David Henninger (currently serving on Code Enforcement Board)
Harriet Lerman (also applied for P&Z)
.
Jon Levinson (currently serving on BOA I with term expiring
8/31/94 and not eligible for reappointmentj
also applied for P&Z and BCA)
Dolores McCurdy
Rick Mouw (incumbent)
Rosalind Murray (has applied for any board)
Steven Neubarth (also applied for P&Z)
Michael G. Park (currently serving on BOA I with term expiring
8/31/94j has reapplied for BOA and for P&Z)
Joseph Pike (currently serving on BCA)
Robert L. Puzey (currently serving on BOAj also applied for
P&Z)
Mildred Scherer
David Schmidt (also applied for P&Z)
N. Willard Schwartz (also applied for P&Z)
Thuy Shutt (also applied for HPB)
William Stone (also applied for BCAI BOA and P&Z)
Chris Stray
Alvaro Vera (also applied for P&Z)
Applicants for landscape architect (or expertise in landscaping or
horticulture) position:
David Bodker
Richard Kheel
William Wilsher (also applied for P&Z)
,
\CjQ4
SITE PLAN REVIEW AND APPEARANCE BOARD
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
!
Gene D. Fisher Alp pip pip pip Ex/p PPP P
Richard Mouw pip pip PiA Ex/p pip ExPP P
Richard Sheremeta pip PiA pip pip p/Ex PPEx P
Jess Sowards pip Alp pip pip p/Ex PPP l'
iDebora Turner Oster pip PiA pip Ex/p pip PPEx p
i
John Weaver pip pip pip Ex/p pip PPP P
I
Mark Little pip pip pip p/Ex pip PPP P
,
atten.doc
,
r (') ,~
i ({ ~l
1 ~ ./
SITE PLAN REVIEW AND APPEARANCE BOARD
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Mark Marsh I OFF BOA ~
Rett Talbot OFF BOA,.D
Tom LaSalle PiA p/p/p Alp PiA pip AlA Resil ned
Gene Fisher pip p/p/p pip PiA Pip PiA pip
Debora Oster pip PI A/P pip pip Pip pip Alp
Richard Mouw pip /p/p Pip pip pip pip pip
Jess Sowards pip p/p/ pip pip PiA pip Pip
John Weaver (appnt 9 93) pip pip pip pip
Richard Sheremeta (a pnt /93) pip PIA pip Alp
I !
I I
atten.doc I
.
.
M E M 0 RAN D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~TY MANAGER
SUBJECT: AGENDA ITEM i GiN - MEETING OF AUGUST 2. 1994
APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD
DATE: JULY 28, 1994
The terms of Marjorie Miller, Christine Bull, Daniel Carter and
James "Buck" Miller on the Historic Preservation Board will expire
August 31, 1994. Ms. Bull and Mr. Carter are ineligible for
reappointment since they have served two successive terms. Mr.
Miller was appointed to the board in August, 1992, and has now
served one full term. He is eligible and would like to be
considered for reappointment. Ms. Miller was appointed in August,
1992, to her initial term. She submitted a letter of resignation
in May, 1994 (copy attached), but is returning to Delray Beach and
would like to be considered for appointment to a second term. The
attendance record is attached.
To qualify for appointment, a person shall either be a resident of
or own property in the city, and/or own a business within the city.
Also, they shall have knowledge, experience, judgment and
background, with personal or professional interest or experience in
historic restoration and preservation. They will have the ability
and desire to act in the public interest and represent, insofar as
possible, the various personal and professional interests required
to make informed and equitable decisions concerning the
preservation, conservation and protection of historic districts and
structures. The term is for two (2 ) years, commencing September 1,
1994, and ending August 31, 1996. The list of applicants is
attached.
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
The order of appointment will be as follows:
Commissioner Alperin (Seat #2)~~ 5-D
Commissioner Ellingsworth (Seat #3) ~ 5-0
Commissioner Randolph (Seat #4) 1/'..//tAL ~ 5'-0
Mayor Lynch (Seat #5) ~ ~ 5-0
Recommend appointment of four (4) members to the Historic
Preservation Board to terms ending August 31, 1996.
ref:agmemo3 ()a~ 5-(j
,
Appointments to the Historic Preservation Board
City Commission Regular Meeting of August 2. 1994
The following persons have submitted applications for your review:
Norma Bannoura (has applied for any board)
Janet Baron
Richard Brautigan (also applied for SPRAB, BOA)
David I. Cohen (has applied for any board)
Anthony Damiano (also applied for P&Z)
Benjamin DeSio (also applied for SPRAB)
Betty P. Devitt
W. Howard Ellingsworth (also applied for P&Z)
Joseph Farkas (also applied for P&Z)
Vera Farrington
John L. Frysinger
Patricia Healy-Golembe
Susan Hurlburt
Rebecca Jennings
John P. Johnson
James "Buck" Miller (incumbent)
Marjorie Miller
Julie Morgan
Rosalind Murray (has applied for any board)
Daniel O'Neil
Frank A. Rozzo
Barry Rubin (currently serving on General Employees Retirement
Committee; also applied for BOA and P&Z)
Thuy Shutt (also applied to SPRAB)
,
308 S. W. 27th Terrace
DeJray Beach, F I -33445
May 9. 1994
Mrs. Pat Cayce
Preservation Planner
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, FI 33444
Dear Pat,
My plans are now finalized and I wi I 1 be leaving for North
Carolina on May 20, 1994. I wi 1 I be away unt i I the end of
August.
It is with reluctance that I submit my resignation from the
Historic Preservation Board effective Thursday, May 19,
1994.
I f the position is available, I would like to be reappointed
to a second term to begin in September, 1994. I have
enclosed an application and updated resume' for your f i Ie
should the position be vacan t.
It has been a most enjoyable and productive two years.
\::::~.~
Margie Mi 11 er
~JE<ClERWJEllJ)
MAY 12 1994
PLANNING & ZONiNG
.
1994
HISTORIC PRESERVATION BOARD
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee
,
I
I
Marjorie A. Miller : P Alp pip pip RE~ IGNEI 1
I
Sandy Jamison Alp pip pip Exl1 p i I
P
Charles Williams p pip Alp Ex/F pip p
John Vaughn p pip P!A pip pip p
Christine B. Bull P p!p p!p pIEx pip p
Daniel H. Carter p P!A p!p r::: pip pip p
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James "Buck" Miller p p!p p!p Q) pip pip Ex
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HISTORIC PRESERVATION BOARD
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee
Christine Bull I pip pip Alp p!P p!p PiA
I
Marjorie Mille'r PiA p!p A!P pip p!p pip
Daniel Carter pip A!P p!p pip pip pIp
Sandy Jamison pIA pip p!p pip pIp Alp
I
I J
Pat Healy-Golembe pIA pip p!p (ndt rea ,poin ed)
I pIp pip !
James "Buck" Millet Alp pIp I pIp pIp
Rose Sloan P!P pIp AlA (n~ rea Dpoin !'-ed)
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John Vaughn (appn 8/9 p!p I pIp pIp
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,
.
M E M 0 R AND U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~TY MANAGER
SUBJECT: AGENDA ITEM i qo - MEETING OF AUGUST 2. 1994
APPOINTMENTS TO THE BOARD OF ADJUSTMENT
DATE: JULY 28, 1994
The terms of Jon Levinson, Michael Eisenrod and Michael G. Park as
regular members on the Board of Adjustment will expire August 31,
1994. Mr. Levinson is not eligible for reappointment since he has
served two successive terms. Mr. Eisenrod and Mr. Park were
appointed to the board in August, 1992, and have now served one
full term. They are eligible and would both like to be considered
for reappointment. Also, Robin Bird, currently serving as an
alternate member, would like to be considered for appointment as a
regular member. The attendance record is attached.
To qualify for appointment, a person shall either be a resident of
or own property in the city, and/or own a business within the city.
The term is for two (2 ) years, commencing September 1, 1994, and
ending August 31, 1996. The list of applicants is attached.
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
The order of appointment will be as follows:
Mayor Lynch (Seat #5) - ~~-D
Commissioner Smith (Seat #1)- . , S-o
Commissioner Alperin (Seat #2) &wi.,. ~ 5-0
Recommend appointment of three ( 3 ) regular members to the Board of
Adjustment to terms ending August 31, 1996.
OiL ~ 0-0
ref:agmemo4
,
Appointments to the Board of Adjustment
City Commission Regular Meeting of August 2. 1994
The following persons have submitted applications for your review:
Donald Allgrove (also applied for SPRAB and P&Z)
John G. Baccari (also applied for SPRAB, P&Z, BCA)
Norma Bannoura (has applied for any board)
Robin Bird (currently serving as alternate member on BOA; has
also applied for SPRAB and P&Z)
Richard Brautigan (also applied for SPRAB, BCA, HPB)
David I. Cohen (has applied for any board)
Michael Eisenrod (incumbent; also applied for P&Z and SPRAB)
Earl R. Hahn (also applied for P&Z)
Russell Jennings
Leo Koppman (also applied for P&Z)
Rosalind Murray (has applied for any board)
Michael G. Park (incumbent; also applied for SPRAB and P&Z)
Joseph Pike (currently serving on BCA; has also applied for
SPRAB)
Milford Ross
Barry Rubin (currently serving on General Employees Retirement
Committee; also applied for P&Z and HPB)
Michael P. Shalvoy
Sidney Soloway (also applied for P&Z)
William Stone (also applied for BCA, P&Z and SPRAB)
Leonard Syrop (also applied for P&Z)
Horace Waldman
Lee Wilder
Reginald Williams (also applied to P&Z)
,
.
/qqtt
BOARD OF ADJUSTMENT
Jan -Feb Mar Apr May Jun Jul AU8 Sep Oct Nov Dec
! Robert Puzey I
'. P P P A
I :
i Michael Eisenrod P P P P I
, I
Cheryl Lee-Bennett A A P I
; P
i
; Michael G. Park p ,
, P P P I
Jon Levinson P r P A
.
I Alternates
I
I
Fred Bonardi P
Robin Bird p p p
I
j I
atten.doc
I
. l ~7 3
BOARD OF ADJUSTMENT
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Jon Levinson P P
Michael Park. Esq. P P
Michael Eisenrod P P
Cheryl Lee-Bennett P P
Robert Puzey P P
-
Alternates
Robin Bird P
Fred Bonardi
atten.doc
,
.
.
M E M 0 RAN D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~Y MANAGER
SUBJECT: AGENDA ITEM it 9P - MEETING OF AUGUST 2. 1994
APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS
DATE: JULY 28, 1994
The terms of John Gwynn (general contractor), Arthur King (master
electrician), Richard Morris (air conditioning contractor), William
Koch III (real estate broker) and Joseph Pike (engineer) on the
Board of Construction Appeals will expire August 31, 1994. Mr.
Gwynn, Mr. Morris and Mr. Koch are ineligible for reappointment
since they have served two successive terms. Mr. King was
initially appointed in August, 1992, and has now served one full
term. Mr. Pike was appointed in September, 1993, to fill a vacancy
on the board. They are both eligible and wish to be considered for
reappointment. The attendance record is attached.
To qualify for appointment, a person shall have actual previous
experience in their respective trade or profession deemed
sufficient by the Commission. Residency is not required. The term
is for two (2 ) years, beginning September 1, 1994, and ending
August 31, 1996. The list of applicants is attached.
Pursuant to Commission direction, a check for code violations' and
municipal liens has been conducted. There are none.
The order of appointment will be as follows:
Commissioner Smith (Seat #1) - general contractor &...,~
Commissioner Alperin (Seat #2) - master electrician~ ~-o
Commissioner Ellingsworth (Seat #3) - air conditioning .
contractor ~ er-o
M1 -* Commissioner Randolph (Seat #4) - real estate broker or ~ ~ gill, I'I~
insu~nce agent
Mayor Lynch (Seat #5) - engineer ~ ~ -5-0
Recommend appointment of five (5) members to the Board of
Construction Appeals to terms ending August 31, 1996.
1~~/~H
ref:agmemo5 .Iud .J1 J/. - ddo;tJ; S) 1/1'/
atd[ ~~.
.
.
Appointments to the Board of Construction Appeals
City Commission Regular Meeting of August 2. 1994
The following persons have submitted applications for your review:
General Contractor
Ron Brito
Ruben A. Gomez (has also applied as engineer)
Dominick Sarlo
William Stone (also applied for P&Z, BOA and SPR..~B)
Master Electrician
Arthur King (incumbent)
Russell Jennings (has also applied as air conditioning
contractor and to BOA)
Air Conditioning Contractor
Jon Levinson (currently serving on BOA, with term expiring
8/31/94 and not eligible for reappointment)
Russell Jennings
Michael Kilbourne
Real Estate Broker or Insurance Agent
Murray Gold
Engineer
Joseph Pike (incumbentj also applied for SPRAB and BOA)
Ruben A. Gomez
.
I
{qq(1
BOARD OF CONSTRUCTION APPEALS
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
John Gwynn A I
I
William Koch. III P
Richard Morris P
! Arthur King P
Roy Simon P
Mark Little (resi sned)
Daniel P. Hess p
John Henderson p I
,
Joseph Pike P I
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BOARD OF CONSTRUCTION APPEALS
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Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
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Richard Morris A i
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MEMORANDUM
TO: City Commission
FROM: Anita Barba, Executive Assistant
SUBJECT: ADDITIONAL APPLICATION FOR LDR APPOINTMENTS
DATE: August 1, 1994
Please find the attached application for the following person:
Daniel T. Davis - Mr. Davis has applied to the
Board of Construction Appeals
for the position of Gene~al
Contractor
tot.doc
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
-
33
I5D -1~" 6 ..-?c 33YJC
Code) ,
HOME PHONE cJ ~ 9, 9,f? J BUSINESS PHONE 7<'/ - /:;; N
ON WHAT BOARDS ARE .YOU INTERESTED INo S7G ,.13 oc~ 0/
~" s f~<_ ';../(0 -0, ~ c '" f
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
/~,~cf /
EDUCATIONAL QUAL~IONS ~. ~. Jtik a,'VA
Cf:=.;'" J ,6".5..-, e.fJ
LIST ANY RE~TED P:Z~ CER~ATIONS AND LICENSES WHICH YOU HOLD . / . ,
S-A-h. crl.c ,{fL.: :j C,j;--<<..k,..... ~C/Sc. o</~(..J
VE YOUR PRESENT, OR MOST~CENT EMPLOYER, AND P~~N
;.J /rt.":'5 J.,,~. V-~S" -=--""'-/-
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD ~/ Cu-"' s -?../'- c/o"""'
/d 7~4/J ex ..-0 c/, p", c....:? .
M~.?- r::::D.,.s r-......, c.. hD....... /~5-..!;JJ
/<....'1....... /1--7 5,' " '-..:'
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PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE ASD
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
/)~~-l g~ / Ay ~
______ SIGNATU DATE
4/90
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~TY MANAGER
SUBJECT: AGENDA ITEM i /C7Ji - MEETING OF AUGUST 2. 1994
TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 94-2
DATE: JULY 29, 1994
This item is before the Commission to authorize transmittal of
proposed Comprehensive Plan Amendment 94-2 to the Department of
Communi ty Affairs (DCA) for review. The staff report, together
with a copy of Plan Amendment 94-2, is attached for your review.
Specific direction is requested on the four proposed Future Land
Use Map amendments listed below. The staff reports for these items
are contained in the Comprehensive Plan Amendment 94-2 document.
* Silver Terrace Redevelopment Area
* S.W. 10th Street (north of S.W. 10th Street,
east of 1-95)
* Lee Property
* Rockland Subdivision
A public hearing is required prior to action on transmitting the
amendment. We have received a petition from residents of Franwood
Pines, Kingsland Pines and Kingsland opposing the proposed Land Use
Plan Amendment for the Lee property. This petition is available
for review in the City Clerk's office.
ref:agmemo6
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c.:1\
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<..- ,
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVI:To ~~TY MANAGER
FROM: ~NG 'DI~~
DEPARTMENT OF PLANN AND ZONING
SUBJECT: MEETING OF AUGUST 2, 9
PUBLIC HEARING - TRANSMITTAL OF PLAN AMENDMENT 94-2
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
authorizinq transmittal of proposed Plan Amendment 94-2 to
the Florida Department of Community Affairs (DCA) for
review.
BACKGROUND:
Plan Amendment 94-2 was initiated by formal action of the City
Commission on May 17, 1994. The initiation action identified
seven items for inclusion, as follows:
Changes to the Future Land Use Map:
* Silver Terrace Redevelopment Area
* S. w. 10th St. Area (north of SW 10th St., east of I-95)
* Lee Property
* Rockland Subdivision
Text changes relative to:
* Post Disaster Reconstruction
* Open Space & Recreation Zoning District
* Silver Terrace Redevelopment Plan
During processing it was determined that a Future Land Use Map
change to the Silver Terrace Redevelopment Area was premature.
Therefore, a change is proposed to the description of the Area
in the text to allow for aggregation and redevelopment under the
auspices of a CRA. All other items were processed as originally
initiated. For background history on each item please refer to
the individual Planning and Zoning staff reports provided as
support documents.
.
.
City Commission Documentation - Meeting of August 2, 1994
Public Hearing - Transmittal of Plan Amendment 94-2
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed the items
included in Plan Amendment 94-2 at a public hearing on July 18,
1994. Public testimony was received on the FLUM amendments and
on the text changes relative to Silver Terrace Redevelopment
Area. The following is a summary of the Planning and Zoning
Board's discussion and actions on the land use items.
FLUM CHANGES:
S.W. 10th AREA:
The FLUM amendment from Transitional to Commerce was
considered concurrently with a rezoning from RM (Medium
Density Residential) to LI (Light Industrial).
Public testimony was taken from two (2 ) residents of S.W.
11th Terrace who were opposed to the changes. One of the
speakers presented a petition containing 50 signatures of
area residents who were opposed to increasing the potential
for industrial uses adjacent to the residential
neighborhood. After some discussion, the Board voted (7-0)
to recommend approval of the land use map amendment and
rezoning, excludinq the easternmost block (between S. W.
12th Avenue and S. W. 13th Avenue) known as the
Franz/Delk/Kinnaird property (3.08 acres) . The basis for
excluding this property from the amendment was to allow for
a greater buffer between the residents and the industrially
zoned land.
LEE PROPERTY:
The FLUM amendment from MR-5 (County) to Low Density (City)
was considered concurrently with an annexation and initial
zoning request of R-1-A (Single Family) . The applicant's
representative acknowledged that the prospective owners of
the property intend to apply at a later date for
Conditional Use approval to build and operate an adult day
care facility at this location. That proposal is not
being considered at this time, however.
At the public hearing five people from the adjacent
neighborhood and the property to the north (Rossacker
property) spoke in opposition to this item. Their concerns
and comments related to the potential future development of
the site as a adult day care center. Their opposition was
based on several factors including concerns over increase
in traffic intensity, site access, implications with
respect to potential annexations of adjacent properties,
and a perceived decrease in property values. After
discussion the Planning and Zoning Board acknowledged that
while these concerns may be relevant to the future
I
City Commission Documentation - Meeting of August 2, 1994
Public Hearing - Transmittal of Plan Amendment 94-2
Page 3
Conditional Use request they are not relevant to the
annexation, FLUM amendment, or the initial zoning currently
before the Board. The Board unanimously recommended
approval of the annexation, FLUM, and initial zoning
request on a 7-0 vote.
ROCKLAND SUBDIVISION:
The FLUM amendment from County LR-3 (Low Density
Residential - 3 units per acre) to City Medium Density
Residential (5 - 12 units per acre) was considered
concurrently with an annexation and initial zoning of RM
(Multiple Family Residential - Medium Density).
At the public hearing ten property owners from the
surrounding neighborhood (High Point West and Conklin Road)
spoke in objection to the proposed FLUM amendment. Their
concerns were related to the possible development of the
property with 2 or 3 story structures at a density of 12
units per acre. They felt that development of the property
in that manner would be incompatible with adjacent
properties. Concerns regarding traffic and crime, as well
as possible depreciation of property values were also
ci ted. In the discussion of this item the Board pointed
out that the Medium Density advisory FLUM designation had
been in place since 1989 and remained appropriate for the
parcel. The Board also indicated that a density toward the
low end of the 5-12 unit per acre range would be most
appropriate for the property.
Based on the above, the Board voted unanimously (6-0, with
one abstention) to recommend approval of the FLUM Amendment
and annexation with initial zoning of RL (Multiple Family
Residential - Low Density). The RL zoning allows 3-6 units
per acre.
TEXT CHANGES:
SILVER TERRACE REDEVELOPMENT AREA
The proposed changes to the Silver Terrace Redevelopment
Area involved a modification of the description of the area
which would provide for its annexation into the CRA, and
its redevelopment as a mixed use (85% residential, 15%
commercial) project. For additional description and
background, see the accompanying staff report.
The Board had discussed the al ternati ve options for this
area at a workshop held on June 20, and at the regular
hearing on July 18, 1994. The alternatives that were
considered involved a FLUM amendment that would allow for
the existing pattern of development (commercial/light
industrial around the perimeter; medium density residential
,
City Commission Documentation - Meeting of August 2, 1994
Public Hearing - Transmittal of Plan Amendment 94-2
Page 4
in the center) , and the text change to allow for the
complete redevelopment. Different residents of the area
attended each of the meetings, and there appeared to be
little consensus on the preferred course of action. The
business owners (Rusty Plumbing, Miracle Mile Motors) seem
to want to remain at their existing locations, and want the
property rezoned accordingly. Most of the residents appear
to support a buyout, but are anxious about the amount of
compensation they will receive for their property. The
only suggestion that seemed to be supported by all of the
property owners was to zone the entire subdivision for
commercial uses. Most of the owners were of the opinion
that a commercial zoning would bring the most money for the
property. The Board did not support that proposal.
After much discussion, the Board concluded that the most
appropriate course of action for the City, as well as for
the property owners, would be to maintain the designation
as a Redevelopment Area but amend the existing language to
better facilitate its redevelopment. The Board voted
unanimously to recommend that the proposed text change be
transmitted to the state.
OVERALL PLAN AMENDMENT
The Board considered the overall Plan Amendment, including
the above FLUM amendments and text change along with the
remaining text changes in the amendment. There was no
public testimony during the public hearing for this item.
The Board voted unanimously to recommend that the City
Commission approve transmittal of Plan Amendment to DCA,
as recommended in the Planning and Zoning staff report,
with the previously voted changes to the area affected by
the FLUM amendment for the S.W. 10th St. Area.
ALTERNATIVE COURSES OF ACTION:
A. Transmit Plan Amendment 94-2 to DCA as presented to the
Planning and Zoning Board via the Planning and Zoning staff
reports.
B. Transmit Plan Amendment 94-2 to DCA pursuant to the
recommendation of the Planning and Zoning Board, i.e. with
changes to the area affected by the FLUM for S.W. 10th St.
Area.
C. Transmit P Ian Amendment 94-2 pursuant to other Commission
direction.
I
City Commission Documentation - Meeting of August 2, 1994
Public Hearing - Transmittal of Plan Amendment 94-2
Page 5
RECOMMENDED ACTION:
By motion, authorize transmittal of proposed Plan Amendment 94-2
to DCA for review, pursuant to the recommendation of the
Planning and Zoning Board, containing the material in this staff
report and the attachments as amended.
Attachments:
* P&Z Staff Report of July 18, 1994
* Proposed Comprehensive Plan Amendment 94-2, including P&Z
staff reports for FLUM items
T:\advanced\942TRAN2.DOC
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: July 18, 1994
AGENDA ITEM: V.A. - RECOMMENDATION TO THE CITY COMMISSION
REGARDING TRANSMITTAL OF PLAN AMENDMENT 94-2
ITEM BEFORE THE BOARD:
The item before the Board is that of recommending to the
City Commission those items that should be transmitted to
the Florida Department of Community Affairs as part of
Comprehensive Plan Amendment 94-2.
BACKGROUND:
City Commission initiated Comprehensive Plan Amendment 94-2 on
May 17, 1994. In the initiation motion, all of the Planning and
Zoning Board's recommendations of May 16, 1994 were approved.
Since initiation, there have been no substantial changes to the
list of items included in the Plan Amendment.
Each of the amendments has been discussed previously with the
the Board in Work Sessions. Recommended changes have been
included in the final Support Documents.
Action on this item will take place at a public hearing which
was advertised on July 1 and July 11, 1994. The items regarding
land use amendments were noticed to all property owners within
500 feet of the subject property.
RECOMMENDED ACTION:
By motion, recommend that the City Commission transmit to the
Florida Department of Community Affairs, Proposed Comprehensive
Plan Amendment 94-2, containing the material in the staff report
and attachment.
Attachment: Proposed Plan Am~ent 94-2
Report prepared by John Walker ,~~~
Y;"
~ C{
Reviewed By Diane Dominguez \
T:\advanced\942TRANl.DOC
V.A.
I
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CITY OF DELRAY BEACH. FLORIDA
COMPREHENSIVE PLAN AMENDMENT #94-2
AND
NOTICE OF CHANGE OF LAND USE
The City Commission of the City of Delray Beach, Florida, will
consider Amendment #94-2 to the City's adopted Comprehensive Plan.
Amendment #94-2 consists of amendments to the goals, objectives and
policies of individual elements based upon assessment of tasks
accomplished, availability of resources, and new information. It also
includes changes to the Future Land Use Map (FLUM) .
The TEXT AMENDMENTS address the following subject matter:
It Changes resulting from proposed amendments to the City's Land
Development Regulations relative to post-disaster reconstruction
(one year period to rebuild to pre-disaster intensity despite
current zoning district).
It Changes to the Land Use/Zoning Matrix and other text to
accommodate the recently enacted OSR (Open Space and Recreation)
zoning district.
It Amendment to the description of the Silver Terrace Redevelopment
Area and related changes to other areas of the Comprehensive
Plan.
* The proposed amendments may affect the following elements:
- Open Space and Recreation - Housing
- Coastal Management - Future Land Use
The changes to the FUTURE LAND USE MAP (FLUM) involve four
parcels/areas of land which will be transmitted as a part of Amendment
#94-2.
Map Insert
Legend Insert
The City Commission will conduct a Public Hearing on Amendment #94-2
on TUESDAY. AUGUST 2. 1994. AT 7:00 P.M. (or at any continuation of
such meeting which is set by the Commission) , in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. At
this meeting the City Commission will accept public testimony and will
consider the transmittal of Comprehensive Plan Amendment #94-2 to the
State of Florida, Department of Community Affairs, for
intergovernmental review and comment. Upon completion of that review,
an additional advertised public hearing will be scheduled at which
time the City Commission will consider adoption of Comprehensive Plan
Amendment #94-2.
.
All interested citizens are invited to attend the public hearing and
comment upon proposed Comprehensive Plan Amendment #94-2 or submit
their comments in writing on or before the date of this hearing to the
Planning and Zoning Department. Copies of the proposed amendments to
the Comprehensive Plan are available at the Delray Beach Planning and
Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida 33444 (Phone 407/243-7040), between the hours of 8:00 a.m. and
5:00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE
BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
HEARING, SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR
THIS PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT
PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
July 25, 1994 Alison MacGregor Harty
City Clerk
*****************************************************************
Instructions to Newspaper: This notice must be at least a one-quarter
(1/4) page ad, and the headline (CITY OF DELRAY BEACH, FLORIDA
COMPREHENSIVE PLAN AMENDMENT #94-2 AND NOTICE OF CHANGE OF LAND USE)
must be in a type no smaller than 18 point. The ad is ~ to be
placed in that portion of the newspaper where legal notices and
classified advertisements appear.
Thank you.
.
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Btlrt Aaronson
County Commissioner t<tCEiVED
District Five
jUL "0 \994
CITY COMMISSIOO
July 15, 1994
Mayor Thomas E. Lynch
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
RE: ROCKLAND PARK SUBDIVISION REZONING ALLOWING UP TO TWELVE
DWELLING UNITS PER ACRE
Dear Mayor ~r(O~
I have been notified that the City of Delray Beach is considering
a Future Land Use Map (FLUM) amendment, annexation, and zoning for
property within Commission District 5, which I represent. Your
schedule calls for public hearings before your Local Planning
Agency on July 18th and before the City Commission on August 2nd.
The proposed amendment involves a FLUM change from County Low
Residential 3 (standard 2du/ac, maximum 3du/ac) to the City's
Medium Density Residential (5 to 12 dul ac) . The zoning would
change from County Agricultural Residential (AR) to City Multiple
Family Residential - Medium Density (RM) These proposed changes
present a significant increase in allowable intensity of use. The
density for High Point West, located to the south and west of
Rockland Park is 6.2 du/ac. Other existing densities for
subdivisions in the Lmmediate area are 3.3 du/ac for ~litary Ridge
and 3.3. du/ac for Delray Garden Estates.
As noted on previous occasions, there are some differences between
the binding ;County future Land Use Atlas (FLUA) designations to
coinci'de with the wishes of the City. In some instances, it may be
more appropriate to go with the County FLUA designations. While in
this case, the County FLUA designation may be low given some
adja.cent designations and the general character of the area, the
C2ty FLV-M designation may be too high. I suggest a middle ground
ofyour'iCity Multiple Family Residential - Low Density (RL), which
allows~:~:<maximum density of 6 dulac, would be most appropriate.
, -
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"An Equal Opportunity - Affirmative..Action Employer"
@ printed on recycled paper 301 N. Olive Avenue West Palm Beach, Florida 33401 (407) 355-2205
345 S. Congress A venue DelrayBeach, Florida 33445 (407) 276-1310
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Page 2
July 15, 1994
Mayor Tom Lynch
In addition to my concerns about the Map amendment, I am concerned
that this annexation is premature. I f annexed, this property would
be a "service enclave" and instead of clarifying and facilitating
service delivery it will complicate them. This property should be
annexed only as a part of the total annexation of your area between
Military Trail and the E-3 canal.
Regardless of your action on the proposed FLUM Amendment, I urge
you not to immediately proceed to RM Zoning which accommodates 12
units per acre. As you know, once such zoning is imposed it is
difficult to rescind and we, as elected officials, find ourselves
defending why the maximum should not be allowed instead of
beginning at the minimum (6 du/ac) and allowing a more intense
development only if it is indeed warranted. Thus, I request that
you rezone to the RL District; and, if warranted, consider an
increase in density only after a more thorough analysis of site
capabilities and compatibility issues is completed.
Your thoughtful consideration of my concerns, suggestions, and
request is appreciated. Please insure that this letter is made a
part of your public record and is a part of the Plan Amendment
Transmittal.
ll:!3!urs.
Burt Aaronson
Commissioner, District 5
cc: Mary McCarty, Chair, and Members
Board of County Commission
David T. Harden, City Manager
David J. Kovacs, Planning Director
Diane Dominguez, City Planning Director
.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: July 18. 1994
AGENDA ITEM: V.D.
ITEM: FLUM Amendment for Rockland Park.
GENERAL DATA:
Owners...................Andre Baldzana, Richard
Baldzana, Jessica Olmstead,
Phil Polizotto, and Mari.
Salanitri
Contract Purchaser.......Jeffrey Kukes
Location.................Approximately 2800 feet north
of Atlantic Avenue, on the
west sid. of Military Trail.
Property Siz.............11.63 Acres
City Advisory Land Use
Map Designation..........Medium Density Residential
County Land Use Map
Designation..............LR-3 (Residential with a
maximum density of 3
units/acre)
Current County Zoning....AR (Agricultural
Residential) - PBC HIGHPOlNT WEST
Proposed City Zoning.....RM (Multiple Family
Residential - Medium
Density)
SPENCE
Adjacent Zoning...North: AI PRClf'ERTY
East: SAD (Special Activities
District) I RM .:
South: RS (Singl. Family -
Resid.ntial) - PBC ...
West: as -
- ::II
Existing Land Us.........Vacant
Dev.lopment Proposal.....FLUM Amendment from County #~-( d-
LR-3 to City Medium Density ~.tP-~1)'
Residential.
Wat.r Servic.............Exi.ting 12" wat.r main
along the east side of
Military Trail with stub
outs to Conklin Drive and
McGovern Driv..
Sewer Service............Nearest City sewer service
is an existing city lift
station at the northwest
corn.r of Military Trail and
Conklin Drive, approximately
300 feet to the north.
V.D.
.
:
I T E M B E FOR E THE BOA R D:
The action before the Board is making a recommendation to the
City Commission on a privately initiated Future Land Use Map
Amendment changing the land use designation from County LR-3
(Low Residential 3 units per acre) to City Medium Density
Residential (5-12 units per acre).
The subject property is a vacant parcel located on the west side
of Military Trail, approximately 2,800 feet north of Atlantic
Avenue, known as a portion of Rockland Park Subdivision.
Pursuant to Section 2.2.2(E), the Local Planning Agency
(Planning and Zoning Board) shall review and make a
recommendation to the City Commission with respect to all
amendments to the City's Future Land Use Map.
B A C K G R 0 U N D:
The 11.63 acre parcel which is located in unincorporated Palm
Beach County, within the City's designated planning and service
area.
In 1989, this property was given an advisory FLUM designation of
Medium Density Residential. It is designated on the County's
FLUM as LR-3 (Low Density Residential - 3 units per acre). An
Annexation and initial zoning of the property is being processed
concurrently and is addressed in a separate staff report.
PRO J E C T DES C RIP T ION:
Although there is no development proposal for the parcel at this
time, the following information is provided regarding the future
development of the parcel.
The application submitted with this proposal indicates multiple
family residential as the proposed use. The applicant has also
submitted preliminary traffic information indicating a density
of 12 units per acre for the site. Development of the site will
require the processing of a site plan including submission of
complete traffic information. At the time of site plan
approval, the Site Plan Review and Appearance Board mus t make
specific findings of compatibility with adjacent properties to
permit development at this density. Additionally, processing of
a plat and abandonments of the existing, unimproved
rights-of-way will be required.
COM PRE HEN S I V E P LAN A N A L Y S I S:
Consistency Between City and County Designations:
The current l?aJ.m Beach County Future Land Use Map Designation
for the property is LR-3 (Low Residential - 3 units per acre).
.
P & Z Staff Report
. Rockland Subdivision - FLUM Amendment
Page 2
The current City advisory Future Land Use Map designation is
Medium Density Residential (5-12 units per acre). The City's
designation will allow a higher density than the County FLUM.
The City's advisory FLUM designation has been in place since the
approval of the Comprehensive Plan in November, 1989. Upon
annexation and approval of Plan Amendment 94-2, the City's FLUM
designation will become effective.
Consistency with Adjacent Future Land Use Map Designations and
Land Uses:
The subject parcel is bordered on the north by an existing
single family development (the remainder of Rockland Park) which
is designated LR-3 (Low Residential - 3 units per acre) on
the County's FLUM. To the south and west of the parcel is an
existing multi-family development designated LR-8 (Low
Residential 8 units per acre) on the County's FLUM. All of
these parcels have been assigned an advisory designation of
Medium Density Residential (5-12 units per acre) on the City's
FLUM.
To the east of the property and across Military Trail is an
existing multi-family development (High Point) which is
designated as Medium Density Residential and an existing
commercial development (the Extra Closet) which is designated as
Transitional on the City's FLUM.
Given the parcel's location adjacent to primarily residential
development at densities consistent with the city's Medium
Density Residential designation, the Medium Density Residential
designation is appropriate for the subject parcel.
Allowable Zoning and Land Uses:
Pursuant to the proposed FLUM designation of Medium Density
Residential, zoning districts which permit single family
dwelling units (R-1-A, R-1-AA, R-1-AA-B, R-1-AAA, and
R-1-AAA-B), multiple family dwelling units (RM and RL), a mix of
housing types (PRO), as well as CF and OS are considered
consistent. As -previously stated the applicant is seeking RM
zoning for the parcel. The proposed zoning is consistent with
the proposed Future Land Use Map designation.
Service and Concurrency Implications:
The proposed FLUM designation is the current City Advisory FLUM
designation. In the preparation of the Delray Beach
Comprehensive Plan, the FLUM designations were assigned with
consideration given to the overall land use pattern, assessment
of level of service, the provision of services, and meeting
remaining land use needs. Thus, the act of officially adopting
the City's advisory FLUM designation has no impact on the
provision of City services and concurrency.
.
P & Z Staff Report
Rockland Subdivision - FLUM Amendment
Page 3 .
However, as the proposed FLUM amendment is technically from Palm
Beach County LR-3 to City Medium Density Residential, the impact
of the change with respect to traffic has been assessed.
The applicant has submitted a traffic study for the proposed
FLUM Amendment. This analysis is based on the figures included
in that study.
The number of trips which could be generated by the development
of the parcel under the current FLUM designation is 348:
11.6 acres * 3 units/acre = 34.8 units
34.8 units * 10 ADT/unit = 348 ADT.
As identified in the Annexation and initial zoning staff report,
concerns regarding the ability of the project to meet traffic
concurrency requirements are noted. In order for a positive
finding of concurrency to be made at the time of site and
development plan submittal, a full traffic study showing the
distribution of the trips created by the project must be
submitted.
Land Use Compatibility:
The subject property is bordered to the north by a single family
subdivision which is partially developed (Rockland Park). To
the west and south of the parcel is an existing multiple family
development (High Point West) . Both of these areas are under
Palm Beach County jurisdiction and have been designated as
Medium Density Residential on the Delray Beach FLUM. The County
is engaged in an ongoing process to bring their FLUM
designations into compliance with the City FLUM within the
City's future annexation area. The surrounding areas will be
addressed with future amendments.
To the east of the parcel is an existing mini-warehouse
development (the Extra Closet) , a multi-family residential
development (High Point) , and the existing Post Office. The
FLUM designations on those parcels are Transitional, Medium
Density Residential, and Community Facilities, respectively.
All of those designations are compatible with the proposed FLUM
for the subject parcel.
REV I E W B Y o THE R S:
The proposed FLUM amendment is not in a geographic area
requiring review by either the HPB (Historic Preservation
Board) , DDA (Downtown Development Authority) or the CRA
(Community Redevelopment Agency).
On June 29, notice of the proposed FLUM amendment was sent to
the Palm Beach County Planning Division. To date no formal
response has been received.
.
P & Z Staff Report
Rockland Subdivision - FLUM Amendment
Page 4
On June 28, notice of the proposed amendment was sent to the
IPARC Clearinghouse. To date no formal response has been
received.
Neighborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. A special certified
notice has been sent to the property owner of record.
Courtesy notices have been sent to the following individuals and
groups who have requested notification of petitions in that
area:
* Helen Coopersmith
Progressive Residents of Delray
* Jack Kellerman
High Point
* Art Jackel
United Property Owners
Letters of objection, if any, will be presented at the P & Z
Board meeting.
ASS E SSM E N T AND CON C L U 5 ION 5:
The subject parcel is vacant land with a current City advisory
Future Land Use Map designation of Medium Density Residential.
All adjacent properties have existing land uses which are
compatible with the proposed designation. As required positive
findings can be made for the amendment, as well as for the
associated Annexation and initial zoning, the proposed amendment
to the Future Land Use Map is appropriate.
A L T ERN A T I V E ACT ION 5:
A. Continue with direction.
B. Recommend approval of the proposed amendment to the
Future Land Use Map.
C. Recommend denial of the proposed amendment to the
Future Land Use Map.
S T A F F R E COM MEN 0 A T ION:
Recommend to the City Commission approval of an amendment to the
Future Land Use Map Designation for the south 420.01 feet of the
south 1/2 of the NE 1/4 of the NE 1/4 of Section 14, Township 46
.
P & Z Staff Report
Rockland Subdivision - FLUM Amendment
Page 5
south, Range 42 east, less the Military Trail right-of-way A/K/A
a portion of the Rockland Park subdivision.
Attachment:
* , Location Map
Report prepared by : Perkins Planner
Reviewed by PD on : a,cAD 7;/3/9L!
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______A I l AN IC AVENUE
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N ANNEXATION and
-
IlLAllMlNC IlIPAlt1\lElfT FUTURE LAND USE MAP AMENDMENT
em (11 ll€UlA,. KACH, f'L
-- ar;tTAL SUI' I/AP !Mi7DI --
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: JULY 18. 1994
AGENDA ITEM: V.E.
ITEM: FLUM Amendment for the Lee Property.
GENERAL DATA:
OWner. . . . . . . . . . . . . . . . . . . . Sat ten K. Lee
Applicant................William Plum
Agent....................Roger G. Sabers on
Location.................West of and adjacent to
Kingsland Pines subdivision.
Property 51ze............l6.l5 Acres.
County Land Use Plan.....MR-5 Medium Residential .--
(5 units/acre)
QF1=lCE
Proposed City Land Use
Plan Designation.........Low Density Residential
(0-5 units/acre)
Current County Zoning....AR (Agricultural
Residential)
Proposed City Zoning.....R-l-A (Single Family
Residential)
Adjacent Zoning...North: AR
East: RS (Single Family
Residential) - PBC ~i i
South: PC (Planned Commercial) #~
West: AR and A (Agricultural)
Existing Land Uses.......Existing single family
residence and associated
agricultural buildings.
i
Proposal.................Future Land Use Map I
amendment from County I
MR-5 to City Low Density
Residential.
Water Service............Nearest City water service
is via a 8" water main
serving Trail's End Plaza.
Sewer Service............A septic system exists
on-site. Nearest City
sewer service is via a 8"
sewer main serving Trail's
End Plaza.
V.E.
. .
I T E M B E FOR E THE BOA R 0:
The item before the Board is that of making a recommendation on
a privately initiated Future Land Use Map Amendment changing the
land use designation from County MR-5 (Medium Density
Residential - 5 units per acre) to City LD (Low Density
Residential 0-5 units per acre).
The subject property is approximately 16 acres and located along
Gallager Drive, north of Atlantic Avenue and west of Barwick
Road.
SAC K G R 0 UNO:
The parcel is within the City's planning area, which corresponds
with the future annexation and utility service areas. Parcels
within the planning areas have been given "advisory" City Future
Land Use Map designations. Prior to 1989 the parcel was given
an ART (Agricultural Residential Transitional) designation.
With the adoption of the Comprehensive Plan in November, 1989
the designation was changed to Low Density Residential. The
parcel has a County MR-5 (Medium Density Residential) Future
Land Use Map designation and County Agricultural zoning.
The property is developed with a single family home, two small
horse stables and a mobile home. It has been utilized for many
years as a horse farm with a portion devoted to a citrus grove.
PRO J E C T DES C RIP T ION:
The applicant is seeking a change from the County MR-5 Future
Land Use Map designation to the City's current designation of
Low Density Residential.
Accompanying the Future Land Use Map change is an annexation and
initial zoning request to R-IA (Single Family). The annexation
and initial zoning requests are addressed in a separate staff
report which is before the Board concurrently. A Conditional
Use request will be processed at a later time to establish an
Adult Day Care Facility for Alzheimer patients.
Access to the site is limited to the residential streets to the
east of the site within the Franwood or Kingsland Pines
subdivisions. These subdivisions are currently in
unincorporated Palm Beach County.
COM PRE HEN S I V E P LAN A N A L Y S I S:
Current Land Use Desiqnations: The current County Land Use
Map designation for the site is MR-5 (Medium Residential - 5
units per acre) . The City's current "advisory" land use
designation for the site is LD (Low Density 0-5 units per acre).
.,.-.--
P & Z Staff Report
Future Land Use Map Amendment
Page 2
Requested Land Use Designation: The requested Future Land Use
Map change is to the current City advisory Land Use Map
designation of LD (Low Density).
Adjacent Land Use Map Designations , Land Use:
FLUM Designations:
City County
Subject property: Low Density Res (1-5 du) MR-5 Res
Adjacent properties:
North Low Density Res (1-5 du) MR-5
East Low Density Res (1-5 du) LR-3
South PC Planned Commercial N/A
West Transitional C/8
Actual Land Use:
Subject property: Single Family/horse farm/citrus grove
Adjacent properties:
North Rosacker Estate (single family)
East Franwood Pines/Kingsland Pines (residential)
South Delray Square shopping plaza
West Boys Fruit Market / Single family homes
Allowable Land Uses: Under the proposed residential FLUM
designation of Low Density, zoning districts which accommodate
single family units (R-1-A thru R-1-AAA, RL and PRO) as well as
CF,OSR, and OS are considered consistent. With these consistent
zoning districts several institutional type uses are allowed as
conditional uses including Adult Day Care. As previously stated
the applicant will be seeking a R-1-A zoning district, with
conditional use approval for an adult day care center at a later
time.
Service and Concurrency Implications: In the preparation of the
Delray Beach Comprehensive Plan, the land use designations
throughout the entire planning and service area were considered
in the overall land use pattern, assessment of level of service,
the provision of services, and meeting remaining land use needs.
The proposed land use designations are the same as those
previously considered. Thus, the act of officially adopting the
City's "Advisory" Land Use designations has no impact with
respect to general notions of service delivery and concurrency.
,
P & Z Staff Report
Future Land Use Map Amendment
Page 3
However, as the FLUM change is technically from MR-5 (County) to
the City Advisory designation of Low Density the impact of the
change with respect to traffic was assessed.
The maximum development potential under the current County MR-5
FLUM designation will be 64 units (16 x 4 per ULDR Table 6.8-1)
for a total of 640 daily trips. With annexation under the City
.Low Density FLUM designation a maximum of 80 units could be
constructed ( 16 x 5) for a total of 800 daily trips. The
potential increase of 160 daily trips or approximately 13
vehicles per hour is minimal and will have no negative effect on
the residential street system or Barwick Road.
As the applicant has indicated a desire to seek Conditional Use
approval for an Adult Day Care Center a traffic comparison of
that use was also provided. In summary the Adult Day Care Use
is expected to generate approximately 171 daily trips or 629
less trips than single family home development under the City
FLUM designations.
Land Use Compatibility: The application of a Low Density
Residential FLUM designation is compatible with adjacent land
use designations. The proposed Low Density Residential will be
bordered by County LR-3 (3 du per acre) to the east, County MR-5
Medium Density (5 du) to the north, Transitional and C\8
(County) to the west, and Commercial to the south.
While the residential FLUM designation is compatible with the
adjacent and surrounding land use designations this
compatibility does not relate to any specific development
proposals. Site specific compatibility of future development
must be addressed at the Conditional Use and site development
stages of the proposals.
REV I E W B Y 0 THE R S:
The land use amendment request is not in a geographic area
requiring review by either the HPB (Historic Preservation
Board), DDA (Downtown Development Authority), or the CRA
(Community Redevelopment Agency).
Public Notice:
Formal public notice has been provided to all property owners
within a 500 ft. radius of the subject property. Courtesy
notices were also sent the following persons and/or entities;
* Palm Beach County Planning
* IPARC Clearinghouse
* Helen Coopersmith (PROD)
* Art Jackel (United Property OWners)
P & Z Staff Report
Future Land Use Map Amendment
Page 4
ASS E SSM E N TAN D CON C L U S ION S:
The proposed Future Land Use change from County MR-5 to City LD
(Low Density) is a change to a designation of similar intensity.
The request would adopt the City's advisory FLUM designation
which has been deemed appropriate for the property since the
adoption of the Comprehensive Plan in 1989. It is noted that a
under the City Low Density designation a slight increase of
residential units are possible (16 single family homes or 1 unit
per acre). The potential increase is a function of the County
requirement of a 20 acre minimum land area under PRO to qualify
for five versus four units per acre in the MR-5 FLUM
designation. These potential 16 additional single family units
will have little to no effect on the adjacent properties.
The consistency between the existing and proposed FLUM
designations, and the consistency of the designations with
surrounding residential FLUM designations support the requested
change.
A L T ERN A T I V E S:
A. Continue with direction.
B. Recommend approval of the FLUM designation change from
County MR-5 to City LD (Low Density) subject to conditions;
D. Recommend denial of the FLUM designation change with stated
reasons
S T A F F R E COM MEN 0 A T ION:
By motion:
Recommend approval of the FLUM designation change from
County MR-5 to City LD (Low Density) for the Lee
property based upon a finding that the proposed land
use classifications are consistent with those that
were previously approved with the adoption of the
City's advisory land use classifications for
unincorporated areas; and that the intensity of the
proposed FLUM designation is compatible with adjacent
properties.
Report prepared by: Paul Dorling, Principal Planner
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N LEE ANNEXATION &:
-
PLANNING DEPMNENT FUTURE LAND USE MAP AMENDMENT
CITY Of llf:l.RA Y !lEACH. f\.
-- aGITAL S4.Sr MAP Sl"S7DI --
.
July 23, 1994 File#94-102
We the undersigned are re'sidents of Franwood Pines, Kingsland Pines
and Ki~sland, oppose the Future Land use of a Alzheimer's
Daycare/Training Facility on the LEE property into the City of
Delray Beach, the South Three Quarters (S 3/4) of the East Half (e
1/2) of the South West Quarter (SW 1/4) of Northwest Quarter (NW
1/4) of section 13, Township 46 South, Range 42, East Palm Beach
county, Florida.
(
'--C.R-<J A/,
i-t7 .:2-9 .fh if y [- -s- fJ2
</6 ti ~P,.Jc l!'f .D rl: . t.r<f6 -S37 '1
1/ /1 (,. /,.
ci ty Manager, David T. Harden cc: Diane Dominquez, Mayor, Tom
Lynch, Commissioners, Barbara Smith, David Randolph, Jay Alperin,
Ken Ellingsworth.
.
.
July 23, 1994 File#94-102
We the undersigned are residents of Franwood Pines, Kingsland pines
and Kindsland, oppose the Future Land use of a Alzheimer's
Daycare/Training Facility on the LEE property into the City of
Delray Beach, the South Three Quarters (S 3/4) of the East Half (e
1/2) of the South West Quarter (SW 1/4) of Northwest Quarter (NW
1/4) of section 13, Township 46 South, Range 42, East Palm Beach
County, Florida.
"- ,,'
~~,{'f..)
City Manager, David T. Harden cc: Diane Dominquez, Mayor, Tom
Lynch, Commissioners, Barbara Smith, David Randolph, Jay Alperin,
Ken Ellingsworth.
.
July 23, 1994 File#94-102
We the undersigned are residents of Franwood Pines, Kingsland Pines
and Kindsland, oppose the Future Land use of a Alzheimer's
Daycare/Training Facility on the LEE property into the ci ty of
Delray Beach, the South Three Quarters (S 3/4) of the East Half (e
1/2) of the South West Quarter (SW 1/4) of Northwest Quarter (NW
1/4) of section 13, Township 46 South, Range 42, East Palm Beach
County, Florida.
~~
kt\1Ai'~
J fr/Y1c.<; 111, 5" e-f. ( < *,"Y-'i f r Sr
City Manager, David T. Harden cc: Diane Dominquez, Mayor, Tom
Lynch, Commissioners, Barbara Smith, David Randolph, Jay Alperin,
Ken Ellingsworth.
.
July 23, 1994 File#94-102
We the undersigned are residents of Franwood Pines, Kingsland pines
and Kindsland, oppose the Future Land use of a Alzheimer's
Daycare/Training Facility on the LEE property into the City of
Delray Beach, the South Three Quarters (S 3/4) of the East Half (e
1/2) of the South West Quarter (SW 1/4) of Northwest Quarter (NW
1/4) of Sect' n 13, Township 46 South, Range 42, East Palm Beach
Count , lori a.
SI.
Lf6 ~ r
JI .J/
I I Ii !
City Manager, David T. Harden cc: Diane Dominquez, Mayor, Tom
Lynch, Commissioners, Barbara smith, David Randolph, Jay Alperin,
Ken Ellingsworth.
,
.
July 23, 1994 File4t94-102
We the undersigned are residents of Franwood Pines, Kingsland pines
and Kindsland, oppose the Future Land use of a Alzheimer's
Daycare/Training Facility on the LEE property into the City of
Delray Beach, the South Three Quarters (S 3/4) of the East Half (e
1/2) of the South West Quarter (SW 1/4) of Northwest Quarter (NW
1/4) of section 13, Township 46 South, Range 42, East Palm Beach
Count , Florid
-
t:\ ~ rt.....(.. ~ J)~ IV~
.
city Manager, David T. Harden cc: Diane Dominquez, Mayor, Tom
Lynch, Commissioners, Barbara Smith, David Randolph, Jay Alperin,
Ken Ellingsworth.
.
.
July 23, 1994 File#94-102
We the undersigned are residents of Franwood Pines, Kingsland pines
and Kindsland, oppose the Future Land use of a Alzheimer's
Daycare/Training Facility on the LEE property into the City of
Delray Beach, the South Three Quarters (S 3/4) of the East Half (e
1/2) of the South West Quarter (SW 1/4) of Northwest Quarter (NW
1/4) of section 13, Township 46 South, Range 42, East Palm Beach
County, Florida.
ci ty Manager, David T. Harden cc: Diane Dominquez, Mayor, Tom
Lynch, Commissioners, Barbara Smith, David Randolph, Jay Alperin,
Ken Ellingsworth.
.
July 23, 1994 File#94-102
We the undersigned are residents of Franwood Pines, Kingsland pines
and Kinds land , oppose the Future Land use of a Alzheimer's
Daycare/Training Facility on the LEE property into the City of
Delray Beach, the South Three Quarters (S 3/4) of the East Half (e
1/2) of the South West Quarter (SW 1/4) of Northwest Quarter (NW
1/4) of section 13, Township 46 South, Range 42, East Palm Beach
County, Florida.
0~,
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If:- - 7 'Dr
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<I) :7 .71 !/ /VJ6do! ~~h
17 L I I I 1
.
city Manager, David T. Harden cc: Diane Dominquez, Mayor, Tom
Lynch, Commissioners, Barbara Smith, David Randolph, Jay Alperin,
Ken Ellingsworth.
.
July 23, 1994 File#94-102
We the undersigned are residents of Franwood Pines, Kingsland Pines
and Kinds land , oppose the Future Land use of a Alzheimer's
Daycare/Training Facility on the LEE property into the City of
Delray Beach, the South Three Quarters (S 3/4) of the East Half (e
1/2) of the South West Quarter (SW 1/4) of Northwest Quarter (NW
1/4) of section 13, Township 46 South, Range 42, East Palm Beach
County, Florida.
\l
.
. It-A...~I..-?J-.
City Manager, David T. Harden cc: Diane Dominquez, Mayor, Tom
Lynch, Commissioners, Barbara Smith, David Randolph, Jay Alperin,
Ken Ellingsworth.
.
'"
. .
July 23, 1994 File#94-102
We the undersigned are residents of Franwood pines, Kingsland Pines
and Kiqgsland, oppose the Future Land use of-a Alzheimer's
Daycare/Training Facility on the LEE property into the City of
Delray Beach, the South Three Quarters (S 3/4) of the East Half (e
1/2) of the South West Quarter (SW 1/4) of Northwest Quarter (NW
1/4) of section 13, Township 46 South, Range 42, East Palm Beach
County, Florida.
city Manager, David T. Harden cc: Diane Dominquez, Mayor, Tom
Lynch, Commissioners, Barbara Smith, David Randolph, Jay Alperin,
Ken Ellingsworth.
.
. ,
July 23, 1994 File#94-102
We the undersigned are residents of Franwood Pines, Kingsland Pines
and Kindsland, oppose the Future Land use of a Alzheimer's
Daycare/Training Facility on the LEE property into the City of
Delray Beach, the South Three Quarters (S 3/4) of the East Half (e
1/2) of the South West Quarter (SW 1/4) of Northwest Quarter (NW
1/4) of section 13, Township 46 South, Range 42, East Palm Beach
County, Florida.
,
City Manag , David T. Harden cc: Diane Domi quez, Mayor, Tom
Lynch, Commissioners, Barbara Smith, David Randolph, Jay Alperin,
Ken Ellingsworth.
,
.
.
\
SUPPORT DOCUMENT
# 1
SILVER TERRACE REDEVELOPMENT PLAN
.
I
COMPREHENSIVE PLAN AMENDMENT 94-2
SUPPORT DOCUMENT * 1
SILVER TERRACE REDEVELOPMENT PLAN
INTRODUCTION:
This report updates City activity related to the Silver Terrace
Redevelopment Plan. D~ta and analysis pertaining to the
redevelopment plan for this area have been completed. While not
conclusive, the results support a change in direction of the
existing policy for the redevelopment area.
APPLICABLE POLICY FROM THE COMPREHENSIVE PLAN
Future Land Use Element Policy C-2.7 The following pertains
to the redevelopment of the Silver Terrace Area:
This area involves the old Silver Terrace Subdivision which is
zoned RM and contains some mixed use but is primarily single
family. It also involves the adjacent land use of the Floranda
Mobile Home Park which is a well maintained land use but which
may, in the future, be inappropriate for its location along
Federal Highway adjacent to a regional shopping mall.
Redevelopment of this area should complement the natural scrub
habitat to the north which should be preserved to the greatest
extent possible. While most any commercial use is allowable,
the future use of the property is most appropriate for a
"destination" use i.e. a use to which a person will travel.
These uses include highly specialized commercial activities and
recreation. Medium to High Density residential use is also
appropriate for this site. The incentives provided under the
Large Scale Mixed Use designation could be applied to this
redevelopment area.
The provision of new water and sewer mains to this area should
await completion of its redevelopment plan.
This redevelopment plan shall be prepared in FY 92/93 and shall
be adopted as a local plan amendment.
BACKGROUND:
Redevelopment Area *4, as shown on the Future Land Use Map,
includes the Silver Terrace Subdivision and the Floranda Mobile
Home Park. The area was designated by the City Commission
to receive special assistance in renewal. Assistance was to
take the form of a "redevelopment plan" prepared by the Planning
and Zoning Department. The plan was envisioned to focus on
providing viable commercial uses of the "destination" type, or
residential development of medium to high density while,
complementing the Hurricane Pines Preservation Area. Provision
of water and sewer to the area would follow completion of the
redevelopment plan.
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For the pas t year, the Planning Department has been working on
the Silver Terrace Redevelopment Plan in concert with the
property owners and the Planning and Zoning Board. It became
evident through the planning process that a market analysis
would need to be conducted to help the City make a sound
economic judgement on potential land uses. That market analysis
concluded that there is some development potential for either a
rental apartment development or commercial development. The
current market would most likely not support a highly
specialized commercial use of the "destination" type.
Interest in redeveloping the area has recently been expressed by
private developers who would work with the City and/or the CRA
to acquire all or part of the property. proposals have centered
on a multi-family development with the possibility of some
neighborhood commercial uses mixed in. Given this interest and
that the market analysis supports such a development, direction
was given by the Planning and Zoning Board to pursue the
annexation of the redevelopment area into the CRA boundaries, or
to create a "pocket CRA", and to complete the redevelopment plan
to allow for a mixed use development with densities of up to 25
units per acre. The recommended ratio of residential to non
residential uses was 85% to 15%.
ANALYSIS:
A complete accounting of the sequence of events, directions,
options and summaries of such a planning effort are contained in
the accompanying report and documentation:
* Redevelopment Assessment for Redevelopment Area #4 -
Silver Terrace and its Environs
* Planning and Zoning Worksession Documentation dated June
27, 1994.
In summary, the results are:
* That a multi-family development with a small neighborhood
commercial component is appropriate from a land use and
market perspective.
* That the properties located within the Silver Terrace
Subdivision should be aggregated and developed as a unified
development.
* That higher densities may be allowed to help offset the
costs involved with the aggregation of the property.
* That the infrastructure improvements programmed for the
Silver Terrace area coincide with the adoption of a
redevelopment plan.
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* That the city may contribute programmed infrastructure
funds as incentives for the redevelopment.
* That the subject property be annexed into the existing CRA
boundaries or that a "pocket CRA" be created to help
facilitate the redevelopment.
* That conventional zoning on the subject would not be
appropriate given the increased density and mixed use.
Thus, upon completion of the redevelopment plan, the
property should be rezoned to SAD (Special Activities
District) .
RECOMMENDED CHANGES TO THE COMPREHENSIVE PLAN:
In order to accommodate the direction given by the Planning and
Zoning Board, Policy C-2.7 of the Future Land Use Element is to
be amended.
New Lanquaqe
Policy C-2.7 The following pertains to the redevelopment of
the Silver Terrace Area:
This area involves the old Silver Terrace Subdivision which is
zoned RM and contains some mixed use but is prima:t'ily single
family. It also involves the adjacent land use of the Floranda
Mobile Home Park which is a well maintained land use but which
may, in the future, be inappropriate for its location along
Federal Highway adjacent to a regional shopping mall.
Redevelopment of this area should complement the natural scrub
habitat to the north which should be preserved to the greatest
extent possible. WKlle iliSltt a"l1t tiSa\a'lettlal \tile lit alliSwa'tJlel
tKe t\tt\tte \tlte iSt tKe ptiSpettt lit iliSltt apptiSptlate tiSt a
YQtelttl"l1atliSliY \tee llel a Idlte tf6 wKltK a petit is Ii wIll ttaiell
TKese \4.eee l"l1tl\tQte KI~KI1 spetlallzed tiSa\a'lettlal attliltlee a"l1d
tetteatliSlil MeQtl\til tiS Ml~K 0~"I1sltt teltlQtelitlal Idee lit alltiS
apptiSptlate tf6t tKllt Itltel THe IJ'tteJ'ttliee ptiSi lQted Idlidet tKe
Eat~e stale Mlxed \1lte desl~"I1atl<6r\ tiS\4.ld 'tJe applled tiS tKllt
tedeieliSpilelit ateal
TKe ptf6illtliSli iSt r\ew watet ar\Qt !ewet ilalr\1t tiS tKllt atea ItKiS\tIQt
Awalt tiSilpletliSli iSt ltlt tedeiel<6pileJ'tt plalil
TKIs tedeieliSpilelit plali sKal1 'tJe ptepated lli ry 92/9J aliQt ItKal1
'tJe aQtiSpted alt a liStal plar\ ailer\Qtiler\tl
Data and analysis pertaininq to a redevelopment plan for this
area have been completed. While not conclusive, the results
indicate that the most appropriate course of action for this
area is to provide for a "pocket CRA" or annexation into the CRA
boundaries, and completion of a redevelopment plan which
provides for the followinq:
Page 3
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* Aggregation of the properties to allow for a unified
- development that is a minimum of 10 acres in size. While
the most desirable plan would include both the Silver
Terrace subdivision and the mobile home park, it is
understood that the cost of relocating mobile home
residents may make the inclusion of the park infeasible.
* A mix of residential and nonresidential uses, provided
-
however, that the nonresidential uses are of a type and
scale that will primarily serve residents of the
redevelopment area; and that such uses do not comprise more
than 15% of the total land area.
* Residential densities of up to 25 dwelling units per acre;
-
subiect to the provision of adequate open space, common
areas and recreational amenities; and the appropriate
spacing and massing of structures.
* The lead agency for completion and implementation of the
- plan is the City.
* Upon completion of the redevelopment plan, rezoning of the
- property to SAD (Special Activities District).
In order to ensure the financial feasibility of the
redevelopment plan, the City may contribute funding to the
extent permitted by law, and in a manner that is consistent with
the goals, objectives, and policies of the Comprehensive Plan.
This redevelopment plan shall be completed in FY 94/95.
T:\advanced\SILVER2
Page 4
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PLANNING AND ZONING BOARD WORKSESSION DOCUMENTATION
SPECIAL WORKSHOP MEETING or: JUNE 27, 1994
AGENDA ITEM: II.A. FUTURE LAND USE MAP AMENDMENT
FOR THE SILVER TERRACE REDEVELOPMENT AREA
BACKGROUND:
The Silver Terrace Redevelopment Area was the subject of a
Planning and Zoning Board worksession held on February 24, 1994.
At that meeting, the Board discussed the results of the market
study, and the development options along the lines of the
"Existing Traditional" and "Traditional Plus" plans. The
attached "Action Plan" was presented at the worksession. At that
meeting the Board was also informed of pending legislation
regarding Community Redevelopment Agencies (CRAs), which would
allow for the solicitation of redevelopment proposals prior to
the actual acquisition of property.
At the regular meeting of February 28, 1994, the Board approved
the following motion:
"Direct the Planning Staff to monitor the progress of the
CRA Bill in the legislature and, if passed, prepare a
development proposal along the lines of the "high intensity
residential option" and seek out a participating developer;
and simultaneously prepare a "back-up" action program which
would provide for a land use pattern similar to the
"Transitional Plus" option with installation of water,
sewer, and paving to occur in 1995; and return to the Board
in June 1994 for a determination as to which course of
action to pursue.
In its last session, the State legislature approved an amendment
to the Community Redevelopment Act which includes the following
as an approved CRA activity:
7. To solicit requests for proposals for redevelopment of
parcels of real property contemplated by a community
redevelopment plan to be acquired for redevelopment
purposes by a community redevelopment agency and, as a
result of such requests for proposals, to advertise for the
disposition of such real property to private persons
pursuant to s. 163.380 prior to acquisition of such rea 1
property by the community redevelopment agency.
The amendment goes into effect on July 1, 1994. Pursuant to
this authority, the City could form a "mini-CRA" for this area
and solicit proposals for redevelopment of the property prior to
its acquisition. '
ANALYSIS:
Of the available options, the proposed "Action Plan" could be
implemented the soonest. It includes a proposal to abandon Park
1
P & Z Worksession Staff Report
Silver Terrace Redevelopment Area
Page 2
Avenue and the park site and to cul-de-sac Wilson Street, and
provides for the development of property essentially under the
existing land use pattern. It would also involve the
preparation of development standards, perhaps to be applied in
an overlay zone, which would require minimum upgrades to
commercial and multi-family properties. The abandonment and
overlay zone could be processed in the coming months, with final
approval occurring concurrent with adoption of the land use
designations. The plan would allow construction to proceed upon
adoption of the land use and zoning designations, with the
understanding that water and sewer connections would be required
when facilities are available.
In order to follow through on the mini-CRA concept, a number of
steps are required. First a "Finding of Necessity" must be
conducted to document slum and blighting conditions in the area.
Authority to establish the CRA must be granted by the City
(County approval may also be necessary), and a redevelopment
plan for the area would be prepared. Proposals would then be
solicited for the project, and acquisition of property could
begin. While much of the back-up information has already been
obtained, it could be a year or so before all of these steps are
completed. A quicker alternative may be to annex the property
into the existing CRA, with City staff actually implementing the
project. That alternative could accelerate the process without
adding to the workload of the CRA staff.
Notwithstanding the results of the market study, at least two
developers have indicated continuing interest in the possibility
of redeveloping the Silver Terrace area. Proposals have
centered on a multi-family development, with the possibility of
some neighborhood commercial type uses mixed in. Densities of
up to 30 units per acre have been suggested. In order to
accommodate densities such as this, a new land use classification
would have to be developed. Alternatively, the land use
designation could remain "Redevelopment Area '4," but the
description could be changed to allow for a mix of uses and
higher densities, given certain parameters.
ALTERNATIVE ACTIONS
The alternatives will be discussed in greater detail at the
worksession, but they essentially involve the following choices:
A. Direct staff to process a FLUM amendment to accommodate the
"Traditional Plus" type of development;
B. Direct staff to process a FLUM amendment that would allow
a mixed use development with increased densities.
Attachments:
* "Action Plan" presented at P&Z Worksession of 2/24/94
* Proposed FLUM designations for Traditional Plus development
TISXLTI!:RWS.DOC
.
. P&Z Board Works' lion Documentation - Ft1JfK 416677N.6 CF 1
· Review of Silve... A,'errace Revitllation Stratt:':fY r::~ t3i'f: /19-
Page 3 ,
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ACTION PLAN
A. Acceptance of the final report, Redevelopment Assessment
for Redevelopment Area 14 - Silver Terrace and its
Environs, with a finding and determination that:
* the program shall only deal with the Silver Terrace
Subdivision and that it shall be that of
"revitalization" as opposed to "redevelopment".
* the FLUM designation for the Floranda Mobile Home Park
is to be changed from "Redevelopment Area" to
"Transitional" (tentatively in Plan Amendment 94-2);
B. Program water, sewer, street, and drainage improvements for
FY 94/95.
c. Provide for the cul-de-sac of Wilson Avenue at the "park"
site (accommodate eastern accessibility only).
D. Abandon Park Avenue and the "park" site, 1/2 interest to
abutting property owners to the east and west with
conditions pertaining to replatting and consolidation of
properties under single ownerships.
E. Set land use designations of:
* "Commerce" along Dixie Highway, north of Central
Avenue;
. "Transitional" along S.W. 10th Street frontages;
. "Medium Density Residential" for the balance.
r. Allow for processing (private petition) rezoning to the
proposed land use designations; and, allow construction
(including single family homes, duplexes, etc) to proceed
with the caveat that connection to water and sewer will be
required when the facilities are available (tentatively
available for connection in fall of 1995).
Note: Concurrent with Plan Amendment 94-2, the City will
process, at its expense, both Land Use Map and Rezoning
designations.
G. Accommodate connection to water and sewer systems, during a
six month grace period, at 1985 connection rates.
H. Establishment of minimum up-grading requirements for
property other than single family residential land use.
I. That the City establish a volunteer neighborhood
organization and provide technical assistance (and
information) for its operation up to one year past the
installation of the infrastructure improvements.
.
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SILVER TERRACE
SUBDMSION
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COWNS AVENUE N
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D R AFT
Redevelopment Assessment for Redevelopment Area '4
Silver Terrace and its Environs
Prepared By: Janet Meeks
Senior Planner
Date Prepared: January 22, 1993
Revised: July 26, 1993
August 20, 1993
November 22, 1993
.
.
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TABLE OF CONTENTS
I. Introduction to Silver Terrace Redevelopment Plan
II. The Past: Historical Development
A. Redevelopment Boundaries
B. Chronology of Past Zoning Events
III. The Present: Inventory
A. Existing Conditions and Land Use
B. Infrastructure
C. Hurricane Pine Scrub Assessment
IV. The Redevelopment Planning Process
V. Market Analysis and Feasiblity Studies
A. Worksession with Goodkin Research, Inc.
B. Summary of Market and Feasilbity Study
C. Recommendations
VI. Conclusion and Recommendations
VII. Implementation
A. Changes to Local Development Regulations
B. Amendments to the Comprehensive Plan
C. Marketing the Redevelopment Plan
FIGURES
Figure 1: City of Delray Beach Residential Neighborhood
Categorization Map
Figure 2: Silver Terrace General Land Use Map
Figure 3: Silver Terrace Subdivision Plat
Figure 4: Silver Terrace General Location Map
Figure 5: Steps in Silver Terrace Redevelopment Plan Flow
Chart
Figure 6: Development Scenarios
APPENDICES
APPENDIX A: Market and Feasibility Study - Goodkin Research
APPENDIX B: Comprehensive Plan Amendments - Text Changes
APPENDIX C: Letter from Dr. Austin, Florida Atlantic
University
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Draft of Silver Terrace Redevelopment Plan
Page 2
I- AN INTRODUCTION TO THE SILVER TERRACE REDEVELOPMENT PLAN
In 1989, as part of the preparation of the Housing Element
of the City of Delray Beach Comprehensive Plan, a citizen 's
committee evaluated neighborhoods throughout the City and
created a Residential Neighborhood categorization Map (Figure
1) . This map categorizes residential areas according to the
prevailing condition of private property, and provided direction
to City staff as to the degree of governmental involvement
required to assist each category of neighborhood.
Silver Terrace has been designated as a "redevelopment
area". Redevelopment areas are those neighborhoods which either
through a state of decline or the absence of owner occupied
housing require direct public sector involvement in arresting
decline. Recognizing the need for specific redevelopment
strategies, the City of Delray Beach Comprehensive Plan
designates certain areas as ones for which a neighborhood or
redevelopment plan is to be written. Pursuant to Comprehensive
Plan Land Use Element Objective C-2, Silver Terrace is
designated as one of six areas to receive such a redevelopment
plan. That plan shall comply with Policy C-2.7 of the Future
Land Use Element of the Comprehensive Plan as described below:
POLICY C-2.7: This area involves the old Silver Terrace
Subdivision which is zoned RM and and contains some mixed
use but is primarily single family. It also involves the
adjacent land use of the Floranda Mobile Home Park which is
a well maintained land use but which may, in the future, be
inappropriate for its location along Federal Highway
adjacent to a regional shopping mall. Redevelopment of
this area should complement the natural scrub habitat to
the north which should be preserved to the greatest extent
possible. While most any commercial use is allowable, the
future use of the property is most appropriate for a
"destination" use i.e. a use to which a person will travel.
These uses include highly specialized commercial activities
and recreation. Medium to High Density residential use is
also appropriate for this site. The incentives provided
under the Large Scale Mixed Use designation could be
applied to this redevelopment area.
This document, The Silver Terrace Redevelopment Plan, has
been written to establish a specific new use or uses for the
Silver Terrace redevelopment area, and provides a general
development strategy to accomplish redevelopment. The plan will
be formally made a part of the City's Comprehensive Plan through
acknowledgement of it as a background document, and speci f ic
amendments made to the Comprehensive Plan via Amendment 93-...
A compilation of those amendments is found in Appendix "A".
.
FIGURE 1 Residential Heic;hborhood Catec;oritat1.on
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Draft of Silver Terrace Redevelopment Plan
Page 3
II. THE PAST: HISTORICAL DEVELOPMENT
REDEVELOPMENT BOUNDARIES
The Silver Terrace Redevelopment area, as designated on the
Future Land Use Map, includes the Silver Terrace Subdivision and
: Floranda Mobile Home Park. Immediately adjacent to these
properties are the Dean Witter office complex, Delray Place a
condominium project, a vacant parcel of property zoned for a
hotel use, and a conservation area. This geographical area is
bounded on the north by S.E. 10th Street, on the south by the
Delray Mall, on the west by Dixie Highway, and on the east by
Federal Highway. The entire area contains approximately 33.5
acres. As it is difficult to consider the Silver Terrace
redevelopment area with out also examining the a,ppropriateness
of the uses which are immediately adjacent, the entire area has
been included as part of the discussion for the redevelopment
plan. In order to understand how development patterns were
created in this area, the next section of the report is a
chronology of land use events and our knowledge of past events.
Location Map
CHRONOLOGY OF EVENTS AND LAND USES
The chronology of development of the Silver Terrace
Redevelopment area begins in approximately 1925, and is
described in the following paragraphs. A general land use map
of the area can be found in Figure 2.
1925 - Silver Terrace Subdivision:
The Silver Terrace Subdivision was created in 1925 when
approximately 13 acres of the Model Land Company's Subdivision
,
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Draft of Silver Terrace Redevelopment Plan
Page 4
was replatted. The property was subdivided into 6 Blocks having
a total of 86 lots and containing 13 acres. A small neighborhood
park was created between Blocks 4 and 5. The plat restricted
some of the lots for residential uses only (see Figure 3).
Ultimately, Lots 1 and Lots 3-9 were developed as part of
the Delray Mall. Lot 2 remained as Tom's Rib Haven restaurant
with a zoning designation of GC (General Commercial).
1948 - Floranda Mobile Home Park:
The second subdivision included in the Silver Terrace
Redevelopment Area is the Floranda Mobile Home Park. The Mobile
Home Park was platted in 1948 as the Lambert Trailer Court, and
contains approximately 7 acres. This parcel of land is zoned MH
(Mobile Homes) . Today, the existing park has approximately 90
mobile homes. Along the northern boundary of the Park are 6
privately owned single family lots, which take access through
a 12' road easement, which is contained within the park.
Streets and water/sewer within the mobile home park are
privately owned and maintained.
1981 - Mello Annexation:
Lot 17, Block 2 of the Silver Terrace SubdiviSion, was
annexed into the City on November 10, 1981, via Ordinance 69-81.
The zoning on the subject property was given an RMIO zoning
designation, and a duplex was built on the lot. Today, the
duplex is currently occupied.
1982 - Acquilano Parcel (aka Dean Witter Executive Quarters)
The Planning and Zoning Board reviewed a request for an
annexation, conditional use, and site plan approval to allow a
professional office plaza for the Aquilano Parcel. The parcel
was zoned CG (Commercial General) in the County. The Board
recommended denial of the project to the City Commission for the
following reasons:
* Approval of this commercial project would cause a domino
effect resulting in the surrounding properties becoming
commercial.
* The granting of this application would further the strip
commercial areas of the City.
* The proposal lacked general compatibility with other
properties in the area.
The City Commission indicated that they would support the
project if it was zoned SAD, which would allow for greater
control of the site and development plans. At the City
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Draft of Silver Terrace Redevelopment Plan
Page 5
Commission meeting of February 10, 1982, the subject property
was annexed into the City and was rezoned from CG
(Commercial-General) to SAD (Special Activities District) . In
the fall of 1990, the parcel was rezoned to POC (Planned Office
Center) with the Citywide rezoning and adoption of the LDR's.
An office park has been constructed on the site, and is
currently known as the Dean Witter Executive Quarters. It
appears that the office space is about 95% leased.
1984 - Park Place (AKA D9lray Place):
At its meeting of April 10, 1984, the City Commission
approved a Land Use Amendment, annexation and site plan request
for Park Place, a 60 unit condominium project. The subject
property takes access from S.E. 10th Street, and is located just
east of the Silver Terrace subdivision. The property contains
approximately 4.8 acres.
Two of the three approved buildings have been built (42
units), along with associated parking, pool and tennis court.
The third building, which is to be located on the southern
portion of the site, has not been constructed. Thus, there is
approximately 2 acres which are undeveloped. Currently, only 2
of the units are owner occupied. The balance of the units are
rented out, and most of which are still owned by the original
developer.
1984 - Miracle Mile Motors:
At its meeting of April 10, 1984, the City Commission
annexed Lots 8 and 9, Block 4, of the Silver Terrace Subdivision
which contained a car repair shop known as Miracle Mile Motors.
The subject property was zoned CG (Commercial General) in the
County, however, the City applied an initial zoning of RM-10
(Medium Density Residential), to be consistent with the Medium
Density land use designation. However, it was noted that a
formal land use amendment would be required for the parcel to be
appropriately zoned for its use. That amendment was never
followed through, the car repair shop is still in business, and
remains a non-conforming use.
1988 - The Gulfstream Motorlodqe (aka The RT Parcel):
At its meeting of June 10, 1988, the Planning and Zoning
Board recommended approval of a Land Use Amendment from MF10 to
Commercial with a concurrent rezoning from RM-10 to GC (General
Commercial), for a 2 acre parcel located at the SW corner of
S.E. 10th Street and Federal Highway. The purpose of these
actions was to allow for the establishment of a hotel, known as
the Gulfstream Motorlodge.
.
Draft of Silver Terrace Redevelopment Plan
Page 6
At its meeting held on June 28, 1988, the City Commission
accepted the Board's recommendation regarding the Land Use Map
Amendment, but questioned the rezoning to GC (General
Commercial) to accommodate the use of a hotel. The Commission
gave the parcel a temporary zoning designation of SAD (Special
Activities District) until a more appropriate zoning district
could be created which would accommodate the use.
At its meeting of July 1988, the City Commission approved
site and development plans for the Gulfstream Motorlodge. An
extension of that approval was granted on March 14, 1990,
however, that site plan became void as of September 14, 1991-
With the City wide rezoning in the fall of 1990, the parcel was
rezoned to RT (Resort Tourism), a newly created zoning district
to specifically accommodate such uses as a hotel. However, the
hotel was never built and currently the parcel is vacant.
1988 - Enclave #37:
At its meeting of November 8, 1988, the City Commission
approved the annexation of Enclave Act #37. Enclave #37
included Silver Terrace, Floranda Trailer Park and the Hurricane
Pine Scrub. The County zoning for the subject properties
included multi-family, general commercial, and commercial
neighborhood designations. The City proposed RH (Medium to High
Density Residential) for Silver Terrace and the Hurricane Pine
Scrub area. The Lambert Trailer Court was zoned MH (Mobile
Home) . In the fall of 1990 with the Citywide rezoning, the RH
district was changed to RM (Residential Medium).
1988 - Adoption of the Comprehensive Plan:
The Comprehensive Plan was adopted on November 28, 1989 via
Ordinance 82-89. Within the Land Use Element of the
Comprehensive Plan, policy direction is given for the Silver
Terrace Redevelopment Area. This policy was previously
discussed under Part I of this report.
1988 - Hurricane Pine Scrub:
The Hurricane Pine Scrub is situated between Park Place and
Dean witter/Moterlodge and contains approximately 4.8 acres.
A portion of the pine scrub, which fronts along S.E. 10th
Street, was cleared for the construction of a single family
home. That single family home has since been demolished.
An inventory and analysis was conducted by Palm Beach County to
locate, identify, evaluate and rank examples of Palm Beach
County's native ecosystems [REF: Inventory of Native Ecosystems
in Palm Beach County, Phase III Report] . The Hurricane Pine
Scrub is listed in the 2nd grouping for land acquisition,
therefore, is low on the priority list. The Pine Scrub is
described in greater detail under Part III: Present Inventory,
of this report.
.
Draft of Silver Terrace Redevelopment Plan
Page 7
The Hurricane Pine Scrub has been identified on the City's Land
Use Map as a conservation parcel subject to Conservation Element
Policy B-1.2 wherein it states that, "the Pine Scrub along S.W.
10th Street should be preserved in part through sensitive site
planning".
1989 - Silver Terrace Group Home:
The City Commission via Ordinance 31-89 approved a rezoning of
Lots 9 and 10, Block 5, of the Silver Terrace Subdivision from
RH (Residential High Density) to RO (Residential Office). The
rezoning was requested to accommodate an abused spouse residents
home in an existing single family dwelling. The group home was
established shortly after the rezoning, and is currently being
used as such.
1991 - Asstuccio - Nowlin Request:
At its meeting of January 29, 1991, the City Commission
reviewed a request for granting relief of the requirement to
improve a shellrock street, and the provision to provide a
sidewalk. The relief was requested in conjunction with a
proposal to construct a single family dwelling on Lot 22, Block
6, of the Silver Terrace subdivision. The request was denied
for the following reasons:
* appropriateness of new development in this particular area
which is slated for redevelopment planning;
* allowing new construction where facilities are not
properly in place;
* to create an assessment district (for improvements) is not
the preferred choice of staff; and
* the implication that the cost of full facilities (including
those "off-site") may defer development of the parcel.
1992 - Hazen and Sawyer Service Authorization:
At its meeting of August 25, 1992, the firm of Hazen and
Sawyer was selected to provide consulting engineering services
for infrastructure improvements to the Silver Terrace
Subdivision. Those improvements were to include, pavement,
storm drainage, curbing and sidewalks along Miami Boulevard,
Dixie Highway and Collins Avenue.
1992 - City Commission Workshop Meetinq:
,
Draft of Silver Terrace Redevelopment Plan
Page 8
At its workshop meeting of september 1, 1992, the City
Commission reviewed the proposed infrastructure improvements for
the Silver Terrace subdivision as provided from Hazen and
Sawyer. The outcome of the meeting was a decision to provide
water and sewer service along Dixie Highway. No other
improvements were to be made until the redevelopment plan was
adopted.
At that same meeting, the Commissioners expressed some ideas on
possible development scenario's for the redevelopment area.
Those ideas are listed below:
* to create a "mini-CRA";
* that a small house development be discouraged;
* that an upper scale apartment complex or planned
residential neighborhood be developed with an entrance from
Federal Highway;
* that 10th Street be cleaned up with a nice perimeter buffer
and landscaping; and
* that a possible zoning of SAD be explored.
Shortly after the September 1st meeting, the Planning
Department embarked on the Silver Terrace Redevelopment effort,
and held the first Silver Terrace Redevelopment task team
meeting on October 14th. The redevelopment planning process
which involved the task team can be found in Part IV of this
report.
-,--
.
Draft of Silver Terrace Redevelopment Plan
. Page 9
III. THE PRESENT: INVENTORY
EXISTING CONDITIONS AND LAND USES
The Silver Terrace Redevelopment area is located in the
southeast section of Delray Beach (Figure 4). It includes a mix
of commercial and residential uses along with many vacant
parcels. On the eastern edge of the boundary lies Federal
Highway (U.S. Highway 1) , a major arterial roadway. The
Floranda Mobile Home Park, Dean Witter Executive Offices, and a
vacant parcel zoned RT (Resort Tourism) fronts on this highway.
Dixie Highway, a City collector street lies along the
western boundary of the redevelopment area. A mixture of uses
front on Dixie Highway such as an auto repair shop, a plumbing
shop, vacant commercial buildings, as well as, residential units
and vacant property. Directly to the west of Dixie Highway is
the FEC railroad, and to the west of the railroad are
residential and industrial uses.
To the north of the redevelopment area is S.E. lOth Street,
which is also a City collector street. Within the Silver
Terrace subdivision which fronts on S.E. 10th Street, an abused
spouse residence and a vacant lawn mower repair shop is located.
Immediately to the east of the repair shop is Park Place (aka
Delray Place) condominiums. At the corner of S.E. 10th Street
and Federal Highway is a vacant parcel of land. To the north of
S.E. 10th Street is a marginally stable single family
subdivision which is predominately Haitian.
The Delray Mall makes up the southern boundary of the
redevelopment area. The Silver Terrace subdivision and the
Floranda Mobile Home Park back up to the mall. As stated in the
history portion of this report, the lots along the south side of
Collins Avenue were acquired by the mall and developed as such.
A single family dwelling and duplex are located to the north of
Collins Avenue, and take access from this street. The balance
of the property located along Collins Avenue are vacant single
family lots (50' x 100').
The most diversity of land uses occur in the Silver Terrace
Subdivision. The subdivision was platted in 1928 with 86 lots.
The 86 lots have been subdivided and aggregated over the years.
Today only 40 lots exist. There are 16 single family units, 1
triplex, 4 duplexes, 2 vacant industrial buildings, 2 commercial
businesses and 3 vacant commercial buildings. The balance of the
subdivision consist of vacant lots.
I
FIGURE 4
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SILVER TERRACE
N REDEVELOPMENT AREA #4
-
CITY OF OELRAY BEAC~, FLORIDA
PLANNING DEPARNENT
Draft of Silver Terrace Redevelopment Plan
Page 10
INFRASTRUCTURE
Currently, none of the streets in the Silver Terrace
Subdivision are paved. The streets contain shellrock, which was
an existing condition when the property was annexed into the
City. The subdivision does not contain any sidewalks, nor
.does it have any street lights. However, the streets
surrounding the redevelopment area i.e. Dixie Highway, Federal
Highway and S.E. 10th Street are improved to City standards.
Most of the units in the Silver Terrace Subdivision are on
a well and septic tank system. However, a 36" interceptor for
sewer runs along the south side of S.E. 10th Street and extends
the length of Miami Boulevard. Several of the units have tied
into this system. The interceptor system needs to be evaluated
for potential upgrading, as it may not met today's standards.
Sewer is provided to Park Place and Dean Witter via extensions
f rom a 36" gravity sewer main which is located along S.E. 10th
Street.
There is no City water which currently services the Silver
Terrace subdivision. Water is accommodated by private wells.
The closest water main to the subdivision is a 6" water main
which services the Delray Mall. However, that main ends at
Dixie Highway and Collins Avenue. Water service is provided to
the Dean Witter building via a 2" water main extension from S.E.
10th Street. However, this main dead-ends at the entrance of
the project. Water service is provided to Park Place
Condominiums via a 6" main extension from the water system which
services the subdivision to the north of S.E. 10th Street.
The City will be installing a water and sewer main along
Dixie Highway prior to the adoption of this plan. However,
there are no other plans to provide infrastructure within the
Silver Terrace Subdivision until the Redevelopment Plan has been
formally adopted.
HURRICANE PINE SCRUB ASSESSMENT
The Hurricane Pine Scrub is located between Park Place
Condominiums and the vacant RT (Resort Tourism) zoned parcel.
At one time, the Pine Scrub covered approximately 5 acres.
However, a portion of the site was cleared along S.E. 10th
Street for the construction of a residential unit, which has
since been demolished.
.
Draft of Silver Terrace Redevelopment Plan
Page 11
The Hurricane Pine Scrub is considered a Florida Scrub,
which has a desert-like eco-system dominated by sand pine and
several species of Oak. This eco-system has been identified on
the Land Use Map as a conservation parcel subject to
Conservation Element Policy B-1. 2 wherein it states that the
Pine Scrub along S.W. lOth Street should be preserved in part
through sensitive site planning. Under the needs and
.recommendations of the Conservation Element, this 5 acre parcel
should be developed with a program or method for preservation.
An inventory was conducted in Palm Beach County to locate,
identify, evaluate and rank examples of each of Palm Beach
County's native landscapes - the ecosystems [REF: Inventory of
Native Ecosystems in Palm Beach County, Phase III Report].
Based upon the findings of that Inventory, it is noted that Palm
Beach County's native ecosystems are now even more endangered
than its endangered species; endangered means unlikely to
survive without human intervention.
There are so few sites where native ecosystems survive in
Palm Beach County that if such ecosystems are to continue, all
should be acquired, or at least protected. The Hurricane Pine
Scrub is listed as a low priority on Palm Beach County's land
acquisition list due to its relatively small size.
Since the Hurricane Pine Scrub is located in the middle of
the redevelopment area, the question arose as to whether or not
this ecosystem was still viable and worth saving, or if a
portion of it could be cleared and developed as part of the
redevelopment plan. Daniel Austin, Ph.D. of Florida Atlantic
UniverSity, Department of Biological Sciences was contacted to
assess the current conditions on the site.
Dr. Austin walked the site and noted that a number of
native animals and endangered plants are surviving in the
ecosystem. His recommendation is that the Hurricane Pine Scrub
be acquired, managed and used as a passive recreation and
educational site. If the Pine Scrub is not managed it will
continue to undergo succession and eventually change from
pinelands to an oak-palmetto woodlands. Thus, the endangered
species would no longer survive. (Letter Appendix C)
Draft of Silver Terrace Redevelopment Plan
Page 12
IV. THE REDEVELOPMENT PLANNING PROCESS
The redevelopment planning process began with an inventory
of existing land uses, researching past history of land use
events, and Comprehensive Plan policy direction. This initial
information was presented to the Silver Terrace property owners
at the kick-off meeting held on October 14, 1992. The concepts
and processes of redevelopment area planning were presented,
along with a discussion of whether or not a redevelopment plan
was necessary for this area.
At the end of the meeting, it appeared that there was a
willingness on the behalf of the property owners to cooperate
with a redevelopment effort. The owners appeared to have a
strong interest in selling their properties rather than trying
to work around existing conditions. The owners were interested
in what type of redevelopment scenarios would work on the
property as a whole, which could eventually be marketed to
private developers in a "buyout" situation.
At the second meeting, 6 different development scenarios
were presented to the Redevelopment Task Team (see figure 6) .
The redevelopment scenarios (plans) ranged from what would occur
under the existing conditions with no City intervention, to a
large scale mixed use concept, which would require all the
property to be aggregated. These development scenarios are
discussed further in the following paragraphs.
Existinq Traditional:
The Existing Traditional development scenario provides for
all of the commercial activities within the Silver Terrace
subdivision to be located along Dixie Highway and S.E. 10th
Street. The interior of the subdivision would remain
residential. The balance of the redevelopment area would be
built out under the current zoning. Water and sewer would be
upgraded in the existing street pattern, and the streets would
be improved to City standards.
There would be little or no aggregation of land or City
intervention. All the property owners would develop on their
own with minor zoning changes to certain properties. This
scenario results in a situation that is not in accordance with
current LOR standards and policies in the Comprehensive Plan.
Waivers and/or variances from the LOR's would likely be needed
to implement this plan.
Traditional Plus:
The Traditional Plus development scenario provides for a
more organized land use pattern. The industrial or commercial
uses would be located to the northwest section of the Silver
Terrace f"uh v.' sion.
,
Draft of Silver Terrace Redevelopment Plan
page 13
Directly to the east of this area, multi-family zoning is
proposed. Multi-family zoning is considered an acceptable
transitional land use adjacent to the industrial and commercial
uses. The multi-family area could tie into the Park Place
condominium project. A small standard residential neighborhood
is proposed for the southern portion of the Silver Terrace
subdi vision. This might include 50 standard single family and
duplex lots. Along Federal Highway the Dean Witter Executive
Quarters and the RT Parcel to the north would be rezoned to
commercial to service the residential uses to the west. The
mobile home park would remain as is.
With this development scenario, the properties in the
northern portion of the Silver Terrace subdivision would be
aggregated. The existing street patterns would be slightly
changed to eliminate traffic through the residential area. This
may necessitate the abandonment of Park Avenue and the northern
portion of Miami Avenue. The existing industrial uses would
remain in the northern portion of Silver Terrace with the
balance of the commercial or industrial uses located elsewhere
in the subdivision to be relocated to this area. Some municipal
assistance would be required to help facilitate the relocation
of businesses and abandonment of streets. However, property
owners would develop on their own.
The Villaqe:
The Village development scenario provides for a mixed
residential use of moderate to high densities. This scheme
would aggregate most of the property in the redevelopment area.
However, aggregation of the property could occur in phases. The
concept provides for low density cluster housing or townhouses
to be situated along the southern and western portion of the
site. The higher density multi-family units would be located in
the northeast section of the site clustered around the
conservation area. The conservation area would be utilized as a
passive park and provide a focal point for the residential
units.
Cluster housing provides for concentrated dwelling units
which are surrounded by open space. The street may pass
alongside or penetrate the clusters. This scheme would focus on
open space amenities and the conservation area with maintaining a
pedestrian scale. A wall with a controlled entrance would be
provided for security purposes. No new commercial zoning would
be created. Park Place Condominiums and the Dean Witter
Executive Quarters has been worked into the overall site plan.
It would probably not be economically feasible to eliminate
those structures.
Draft of Silver Terrace Redevelopment Plan
Page 14
Hiqh Intensity Multi-Family:
The High Intensity Multi-Family development scenario
would provide for a density of approximately 17 units per acre.
This type of development could be compared to Palm Cove
(developed by Summit properties), which is located on Linton
Boulevard (Palm Cove's net density is approximately 17 units per
acre). As 30 acres of land may be considered too large of a
tract for a multi-family development, it is not likely that the
entire property would. be developed at one time. Thus,
aggregation of the property could be phased. Under this
development scheme, it probably would not be economically
feasible to eliminate Park Place Condominiums or the Dean Witter
Executive Quarters. Participation in developing a high
intensity multi-family development would most likely be
developed by the private sector.
Commercial:
The Commercial development scenario provides for the
expansion of the Delray Mall. The Publix strip shopping center
would be relocated to the northwest corner of the site.
Additional retail space could be provided to the south
interacting with the mall, and to east along S.E. 10th Street.
Several out-parcels could be created adjacent to Federal
Highway for the purposes of a bank and/or restaurant.
Development under this scenario would most likely require all
the property to be aggregated and developed as a unified project
through private developer participation.
Phasing the aggregation of property under this development
scheme would probably not work. It would be critical that the
major tenants be visible from Federal Highway for marketing
purposes. In order to gain that visibility, it would require
participation by the trailer park, and a portion of the pine
scrub would most likely need to be cleared.
Mixed Use Development:
The Mixed Use development scenario provides for a
combination of specialized commercial and retail space along
with residential units. This type of development could be
compared to the "Mizner Park" development in Boca Raton. The
site would need to be developed with organized open space to
insure a quality of life for its residences. Thus, a unique
balance between the commercial and residential uses would need
to be maintained. Development would most likely occur around
the pine scrub. The pine scrub could be one of the major
selling points of the project. Aggregation of all the property
would be required. Development would occur through private
developer participation.
,
Draft of Silver Terrace Redevelopment Plan
page 15 .
After the development scenarios were presented to the
Redevelopment Task Team, "The Village" and "Commercial"
scenarios appeared to appeal the most to the group. This led us
to the next question of which plan, commercial or residential,
would be the most feasible to implement. The next step in the
process was to ascertain private developers' thoughts on the
redevelopment area.
A total of seven (7) private developers were contacted,
including commercial developers and those who specialize in
residential developments. The developers noted the existence of
certain conditions of the overall area that could limit its
potential for residential development. Some of those factors
included the proximity of the railroad tracks, the generally
negative perception of the schools in the area, and the
deteriorated conditions of housing in the adjacent neighborhoods.
These conditions would tend to make the site an inappropriate
one for high-end residential housing. Some of the uses
suggested by the developers included an elderly oriented
community such as Abbey Delray, a medical complex, a
low/moderate income housing development, or a commercial site
that would accommodate the expansion of the Delray mall.
While the information obtained by staff through its
research, discussions with property owners, and people in the
development community was adequate for reaching general
conclusions, it was not a sufficient basis for establishing
appropriate land use(s) on the site and formulating a
redevelopment plan. It was evident through these discussions
that additional basic data was needed to make a sound economic
judgment regarding potential land uses.
In order to obtain professional consulting services, a RFQ
(Request For Qualifications) was advertised for "a real estate
market analyst to provide professional assistance in the
assessment and feasibility of redevelopment and revitalization
plans to be carried out in implementation of the City's
Comprehensive Plan".
The Planning Department received 12 responses to the RFQ
from firms with a variety of expertise and capabilities. The
respondents included small (one or two person) operations, as
well as some of the nation's largest market research firms. A
selection committee comprised of David Kovacs, Director of
Planning; Diane Dominguez, Principle Planner; Janet Meeks,
Senior Planner; Karen Kiselewski, Planning and Zoning Board
Member; and William Andrews, private citizen was created to
review the RFQ's and set guidelines for selecting a firm(s).
. Draft of Silver Terrace Redevelopment Plan
Page 16
The selection process involved ranking the 12 firms based
on their capabilities, adequacy of personnel, past record, the
firm's and/or individual's experience, references (private and
public), and manner of approach. The 5 highest ranking firms
were short-listed and interviewed by the selection committee.
The firm of Goodkin Research Corporation was retained to
provide advice to the City, and evaluate the real estate market
for the Silver Terrace redevelopment area. This firm was chosen
for its background in serving the real estate and financial
industry for over two decades, and its strong expertise in
redevelopment and revitalization programs which have been
implemented in other municipalities.
Goodkin Research worked with the City over a period of
several months, brainstorming, researching and analyzing the
Silver Terrace redevelopment area. The outcome of these analysis
is in the form of a market and feasibility study, which is
discussed in Part V, the next section of this report.
The market and feasibility study was discussed at a final task
team meeting at which the task team offered the following.....
,
FIGURE 5
"
STEPS IN SILVER TERRACE REDEVELOPMENT PLAN
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* FOCUS ON PEDESTRIAN SCALE
* MORE INTENSITY 'roWARD U5-1
* NO NEW COMMERCIAL .
* REQUIRES PARTNERSHIPS AND/OR AGGREGATION, PHASING POTENTIAL
* SILVER TERRACE "BUY OUT"
* WILL ACCOMODATE APPROXIMATELY 220 UNITS
.
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· AGGRAGATION OF PROPERTY, OR PARTNERSHIPS
* WALLED COMMUNITY WInI CONTROll.ED ENTRY
· TRAILER PARK DEVELOPS AS PHASE II (COULD HAVE 3 PHASES)
· DELRAY PLACE & DEAN WIITER ROOINS
. SILVER TERRACE ttBUY--QUT"
· WILL ACCOMODATE APPROXIMATELY 360 UNITS
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Draft of Silver Terrace Redevelopment Plan .
Page 17 . <
V. MARKET ANALYSIS AND FEASIBILITY STUDY
WORKSESSION WITH GOODKIN RESEARCH, INC.
As mentioned in the previous section of this report,
the firm of Goodkin Research (herein after referred to as the
"consultant") was retained to complete a critical component of
the redevelopment plan. That component involved a market
analysis and feasibility study of the Silver Terrace
Redevelopment area. The study would help to assist the City in
making a sound economic judgement regarding the potential land
uses on the subject property.
The consultant was invited to attend a two day worksession
to review information that staff had already gathered to date.
The worksession began with the Planning Director giving an
overview of the two day worksession, what the City wanted to
achieve from the two day worksession, and he reviewed the
Comprehensive Plan policies and direction for the redevelopment
plan. The next segment of the meeting involved the history of
the area, a discussion regarding the six potential land use
scenarios, and the outcome of the task team meetings.
The consultant then gave the City an overview of their
experience with redevelopment plans. They discussed past
projects which paralleled the Silver Terrace Redevelopment
effort, and identified four basic "pillars" which make-up a
redevelopment plan. Those pillars included community
acceptance, market support, community leadership, and public
funding capabilities. The balance of the worksession consisted
of both parties brainstorming ideas for the Silver Terrace
redevelopment plan.
The brainstorming session included discussions regarding
possible uses, existing conditions, supply and demand estimates,
potential financial considerations, developer/City incentives,
and a timing projection. From this session, it was clear that
some of the potential land uses that had previously been
proposed could be eliminated, based on a strong initial
assessment that they were economically infeasible. The
consultant assisted the City in concluding that either a
commercial development or a multi-family rental community were
the strongest development possibilities that should be evaluated
in greater detail. It is interesting to note that these same
two scenarios were also chosen by the Task Team as the uses to
be studied in greater depth. Thus, the two day worksession was
concluded with the understanding that the consultant would
conduct a market analysis and prelminary feasibility study for a
commercial market and a rental apartment market.
--,
.
Draft of Silver Terrace Redevelopment Plan
Page 18
SUMMARY OF THE MARKET AND FEASIBILITY STUDY
The market and feasibility study was divided into two
sections. The first section of the report dealt with the retail
potential, and the second section of the report dealt with the
rental apartment potential of the site. Both aspects are
discussed below.
Retail Summary:
The demographic characteristics of the City's population
and the existing retail structure indicate that the City of
Delray Beach has a strong value oriented retail market. This
means that discount, Off-price, and factory outlet stores best
satisfy consumer demands. After evaluating expenditure
potential and the competitive structure of the trade area, it
was concluded that the City can absorb about 250,000 square feet
of additional retail space of this nature by the year 2003.
Silver Terrace redevelopment area could be competitive for
capturing 100,000 square feet of this retail space by the year
1998. This square footage could be accommodated on
approximately 10-12 acres of land. In order for the project to
be successful and to obtain financing, the retail prcject would
need to be anchored by one to several tenants utilizing about 75
percent of the space.
A preliminary pro-forma of the area indicates that the
income potential of the proposed retail center is modest, which
affects the financial feasibility of the project. In order for
the City to encourage a retail development in the Silver Terrace
redevelopment area, the City would need to "write-down" the cost
of the land to the potential developer.
Rental Apartment Summary:
The Silver Terrace site represents a good location for the
development of rental apartments, especially for a mature
market. There are modest, but stable residential neighborhoods
nearby, and nearby shopping opportunities. Based upon
absorption trends in the area, it was concluded that
approximately 200 garden type, two-story units could be
successfully marketed at this location by the year 1996.
An apartment project of this nature could contain 80-one
bedroom apartments, and 120-two bedroom apartments averaging 700
square feet - 1,000 square feet. The rents would average
,
.
Draft of Silver Terrace Redevelopment Plan
Page 19 .
between $500.00 to $640.00 per month. Given these rents, the
financial parameters for the project indicate that an apartment
developer could afford to pay very little, if any thing, for the
13 acres that would be required to build the project.
CONSULTANT'S CONCLUSION AND RECOMMENDATION
The consultant's report concludes that there are both
retail and rental apartment development opportunities available
for the Silver Terrace redevelopment area. In both cases, rent
potentials are modest, therefore neither the retail or rental
apartment opportunities are strong enough to be economically
feasible without assistance from the public sector. Because
development costs and likely income and operating costs will not
change significantly from those shown in the pro-formas, the
most apparent form of public assistance or subsidy appears to be
a substantial, or total, write-down of the cost of the land.
Perhaps while awaiting a stronger market, the consultant
feels that the Ci ty could undertake some steps to enhance the
marketability of the Silver Terrace redevelopment area. If
nothing else, they feel that the relocation of the trailer park
from its present site to the northwest corner of the
redevelopment area would be a very positive undertaking. This
would provide for a commercial parcel directly linked to the
Delray Mall, and provide additional commercial frontage on
Federal Highway. The relocation of the trailer park would
substantially enhance the desirability of retail development
and, overtime, significantly increase the land value of the
present trailer park site.
In conclusion, there are options and market potentials for
improvement of the Silver Terrace Redevelopment Area. Some
options will require significant public financial assistance or
incentives. The City will need to evaluate its funding
capability to undertake the costs it would need to bear against
the likely future return on its commitment.
.
~
Draft of Silver Terrace Redevelopment Plan
. - Page 20
VI. THE CITY'S RECOMMENDATIONS AND CONCLUSIONS
.
.
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: July 18, 1994
AGENDA ITEM: V.C.
ITEM: FLill1 Amendment for the Industrial Area at S.W. 10th Street
between S.W. 12th Avenue and S.W. 15th Avenue.
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GENERAL DATA:
Property Owners..........Fred & Felicia Tantimonico~
Herbert R. Reeves~
Henry Colombi ~
Marjorie D. Stephens~
CKE Properties, Inc.~ and,
N. Franz, J.G. Delk, S.W.
Kinnaird, & LHC Group.
Applicant................David T. Harden, City Manager
City of Delray Beach
Location.................North side of S.W. lOth Street, between
S.W. 12th Avenue and S.W. 15th Avenue.
Property Size............9.8 Acres
Existing City Land Use
Map Designation..........Transitional
Proposed City Land Use
Map Designation..........Commerce
Existing City Zoning.....RM (Medium Density Residential)
Proposed City Zoning.....LI (Light Industrial
Adjacent Zoning...North: RM & CF (Community Facilities)
East: RM
South: I (Industrial)
West: I
Existing Land Use........The property contains a 4,800 sq.ft,
industrial building, 2 duplexes, 3 City
water wells and vacant land.
Water & Sewer Service.., ,Available via existing mains located
within adjacent streets. V,C.
,
,
I T E M B E FOR E THE BOA R D:
The item before the Board is that of making a recommendation on
a City initiated Future Land Use Map Amendment from Transitional
to Commerce. The affected properties are located on the north
side of S.W. 10th Street, between S.W. 12th Avenue and S.W. 15th
Avenue and contain approximately 9.8 acres.
PRO J E C T DES C RIP T ION:
The proposal is to change the land use designation on the
properties from Transitional to Commerce. The affected
properties are located on the north side of S.W. lOth Street,
between S.W. 12th Avenue and S.W. 15th Avenue. The land under
consideration is comprised of 9.8 acres under 6 ownerships
consisting of the following (east to west):
* FDK Plat (itA Light Industrial Development for
Franz/Delk/Kinnaird) which is currently vacant land;
* Lots 1 and 14, Block 6, Replat of Delray Beach Heights
Extension, Sections A & B, containing two duplexes;
* Block 4, Replat of Delray Beach Heights Extension, Sections
A & B, which is currently vacant and contains two (2) City
wells; and,
* Block 3, Replat of Delray Beach Heights Extension, Sections
A & B, and that portion of property lying east of Block 3
and west of Auburn Avenue/S.W. 14th Avenue. The property
is mostly vacant with a 4,800 sq. ft. industrial building
and one (1) City well.
The above properties excluding Block 3 have been identified in
the Community Redevelopment Agency's Plan (adopted May 26, 1992)
as a portion of sub-area #8 which the CRA recommends revert back
to industrial. The industrial portion of sub-area #8 is bounded
by S. W . 10th Street on the south, S.W. 8th Street on the north,
S.W. 12th Avenue on the east and S.W. 15th Avenue on the west.
Block 3 was not included in the CRA Plan however it was part of
the area which was removed from the industrial zoning and land
use classifications, and has been identified in recent land use
actions as a property that should be considered with any future
land use or zoning actions.
B A C K G R 0 U N D:
The affected properties were zoned multiple family residential
(RM-15 and RM-6) until 1984. At this time, several privately
sponsored land use map amendment and rezoning petitions were
processed, which included the King Industrial Park property, to
change the zoning classification of the properties to the old LI
(Light Industrial) zone district. Thus, the affected
properties, except the duplexes, were rezoned to LI.
P & Z Board Staff Report
Future Land Use Map Amendment from Transitional to Commerce -
S.W. 10th Street Industrial Area
Page 2
With the adoption of the Comprehensive Plan in November, 1989,
the land use map designation for these properties was changed
from Industrial to Transitional. The rezoning and land use
actions occurred in response to the adoption of the Palm Beach
County Wellfield Protection Ordinance and identified local
problems and perceptions. At that time the City was involved in
the Aerodri pollution cleanup. Given the abundance of small
industrial uses adjacent to and within the Series 20 Wellfield,
the Aerodri situation and vacant land in the wellfield, the City
chose to eliminate the industrial zoning on these vacant
parcels. Subsequently, with the Citywide rezoning and adoption
of the Land Development Regulations of 1990, the properties were
rezoned from LI (Light Industrial) to RM (Medium Density
Residential).
In conjunction with Comprehensive Plan Amendment 92-2, the City
considered a future land use map amendment from Transitional to
Industrial for King Industrial Park, which is located between
S.W. 13th Avenue and S.W. 14th Avenue, within the area for which
a land use plan amendment is now being considered. Staff's
analysis of the request indicated that the provisions of the
County's Wellfield Protection Ordinance make it possible to
allow industrial zoning in the area of wellfields and still
protect the wellfields. In addition, the creation of a new
light industrial zone district was recommended to provide use
and buffering restrictions to address the potential negative
effects of certain industrial uses abutting residential
development. Thus, on December 28, 1992, the City Commission
approved the Land Use Map Amendment for King Industrial Park
together with Comprehensive Plan Amendment 92-2 subject to
adoption of a new Light Industrial zoning district. The
analysis also stated that if the King amendment were approved a
similar land use designation should be considered for the
properties within the Community Redevelopment Agency's Proposed
Industrial Area and Block 3, Delray Beach Heights Extension,
Sections A & B. The land use plan amendment for the CRA's area
was not to occur until the Light Industrial zone district was
created.
In February, 1993, the new LI (Light Industrial) zone district
was adopted, thus fulfilling Land Use Element Policy A-5.l5.
Among the standards are restrictions as to the use, storage and
handling of regulated substances identified in the Palm Beach
County Wellfield Protection Ordinance.
On September 28, 1993, Comprehensive Plan Amendment 93-1 was
adopted, which removed objectives and policies that have been
addressed with respect to wellfield protection and industrial
uses within wellfield areas. Regulations were installed and a
new "clean" industrial zone district created which made the
objectives and policies no longer applicable. Thus, now that
the regulations are in place, the land use map amendment to
formally change the properties from Transitional to Commerce
(industrial) is now before the Board for action.
,
P & Z Board Staff Report
Future Land Use Map Amendment from Transitional to Commerce -
S.W. 10th Street Industrial Area
Page 3
LAN D USE MAP A MEN D MEN TAN A L Y S IS:
Comprehensive Plan policies:
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and no applicable objectives or
policies were found as they relate to the proposed commerce land
use designation. As previously stated, Comprehensive Plan
Amendment 93-1 deleted objectives and policies that related to
wellfield protection and industrial uses within wellfield areas,
as regulations were installed into the Land Development
Regulations which made the objectives and policies no longer
applicable.
Community Redevelopment Aqency's Plan:
The proposed land use map amendment incorporates a portion of
the CRA's sub-area #8 identified in the CRA Plan. A portion of
the CRA' s II industr ial area II area was changed from Trans i tional
to Industrial in 1992 (King Industrial Park). The CRA Plan
recommends that the properties be returned to the previous
industrial land use designation. The purpose of the CRA's
recommendation is to increase the amount of industrially zoned
land for clean industrial uses which will not impact the
adjacent wellfield. With the adoption of the LI zoning
district, concerns with respect to uses, wellfield protection,
and buffering from adjacent residences were addressed.
Land Use Analysis:
Pursuant to Land Development Regulations Section 3.1.1(A)
(Future Land Use Map), all land uses and resulting structures
must be allowed in the zoning district within which the land is
situated and, said zoning must be consistent with the land use
designation as shown on the Future Land Use Map. In conjunction
with the Future Land Use Map Amendment, a rezoning from RM
(Medium Density Residential to LI (Light Industrial) is also
proposed in order to create consistency between the land use
designation and zoning map.
The Commerce land use designation will allow the following
zoning classifications: LI (Light Industrial), MIC (Mixed
Industrial and Commercial), and PCC (Planned Commerce Center).
While the King property was given an Industrial land use
designation, Commerce is most appropriate for this area, given
the proximity to the wellfield.
If the land use map amendment is approved, the duplexes will
become a nonconforming use. As a nonconforming use, they may
continue to operate for residential purposes provided they do
not become vacant for a period in excess of 6 months. Given the
fact that the property is basically surrounded by industrial
uses, the eventual elimination of the duplexes, and
redevelopment to accommodate industrial uses is appropriate.
P & Z Board Staff Report
Future Land Use Map Amendment from Transitional to Commerce -
S. W. 10th Street Industrial Area
Page 4
Adjacent Land Use Map Designations & Land Uses:
North of the affected properties is zoned RM (Medium Density
Residential) and CF (Community Facilities); northeast and east
are zoned RM; and west and south are zoned I (Industrial).
The existing land uses to the north are the Catherine Strong
Center and a drainage retention area for the Auburn Trace
multiple family development; northeast is the Carver Estates
multiple family development; east are four (4) duplexes and
vacant land; and, south and west are existing industrial uses.
King Industrial Park is situated between the affected properties
and has a land use designation of Industrial and is zoned RM.
Rezoning of this property is to occur with the associated
rezoning of the properties in question.
Compatibility with the adjacent residences is not a major
concern. The adjacent residences are separated from the
proposed industrial properties by public streets which have 50'
wide rights-of-way. With respect to the Carver Estates
development, which has the greatest amount of frontage adjacent
to the proposed industrial properties, a majority of that
frontage consists of a recreation area containing a baseball
field and basketball courts. Further, sufficient regulations
currently exist i.e. restricted uses and buffering to mitigate
adverse impacts of the industrial uses [ref. LOR Sections
4.6.4(B) and 4.4.26(F),(G), & (H)].
Concurrency:
Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to
Objective B-2 of the Land Use Element of the Comprehensive Plan
must be met and a determination made that the public facility
needs of the requested land use ana/or development application
will not exceed the ability of the City to fund and provide, or
to require the provision of, needed capital improvements for the
following areas:
Water & Sewer:
Water service currently exists within the streets adjacent to
the properties. Sewer service exists within the streets
adjacent to the properties, excluding S. W. 13th Avenue and a
portion of S. W. 15th Avenue. With future development any main
extensions and/or upgrades will be the responsibility of the
developer. Development of these properties will not cause an
adverse impact on level of service standards.
Drainaqe:
As a majority of the properties are currently vacant, there are
no problems anticipated with the ability of future development
retaining ~. ':"a -tnage on-site and complying with Lake Worth
Drainage District and South Florida Water Management District
Standards.
.
P & Z Board Staff Report
Future Land Use Map Amendment from Transitional to Commerce -
S.W. 10th Street Industrial Area
Page 5
Streets and Traffic:
Traffic impacts from allowable industrial uses would either be
equal to or less than traffic impacts resulting from uses
allowed by the zoning districts applicable to the Transitional
land use designation (NC (Neighborhood Commercial), POC (Planned
Office center) and RM (Medium Density Residential 5-12 u/a)].
, Thus, the land use map amendment to Commerce should not create
an adverse impact on this level of service standard.
It is noted that the major roadway adjacent to this area is S.W.
10th Street, a City collector. This roadway link (between
Wallace Drive and Congress Avenue), is currently over capacity,
however, widening of this portion of the roadway adjacent to
these properties is scheduled for October 1994.
Parks and Recreation:
The change from Transitional to Commerce will decrease any
additional demand on the City's park facilities.
Solid Waste:
Trash generated by the proposed industrial uses would be equal
to or less than trash generated from the uses allowed by the
zoning districts applicable to the Transitional land use
designation (NC (Neighborhood Commercial), POC (Planned Office
Center) and RM (Medium Density Residential 5-12 u/a)]. Thus,
development of these properties under the Commerce land use
designation should not create an adverse impact on this level of
service standard.
REV I E W B Y o THE R S .
.
The rezoning is not in a geographic area requiring review by the
HPB (Historic Preservation Board) or the DDA (Downtown
Development Authority).
Community Redevelopment Agency
At its meeting of July 14, 1994, the Community Redevelopment
Agency reviewed and recommended approval of the land use plan
amendment.
Public Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. Letters of objection, if
any, will be presented at the Planning and Zoning Board meeting.
ASS E SSM E N T AND CON C L U S ION :
The Future Land Use Map Amendment from Transitional to Commerce
for these properties is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development
Regulations. The land use amendment acts as a follow-up to the
P & Z Board Staff Report
" Future Land Use Map Amendment from Transitional to Commerce -
S.W. 10th Street Industrial Area
Page 6
King Industrial Park land use plan amendment of 1992. With the
Palm Beach County Wellfield Protection Ordinance and its
provisions, it is possible to allow industrial zoning in the
area of well fields and still protect the wellfields. With the
adoption of the LI zone district, regulations are in place to
limit uses and provide buffering to address impacts of
industrial uses on the adjacent residential developments.
A L T ERN A T I V E ACT ION S .
.
A. Continue with direction.
B. Recommend approval of the Future Land Use Map Amendment
from Transitional to Commerce based upon positive findings
with respect to Chapter 3 (Performance Standards) of the
Land Development Regulations and policies of the
Comprehensive Plan.
C. Recommend denial of the Future Land Use Map Amendment
from Transitional to Commerce based upon a failure to make
a positive finding with respect to Chapter 3.3.2
(Compatibility) .
S T A F F R E COM MEN D A T ION :
Recommend to the City Commission approval of the Future Land Use
Map Amendment from Transitional to Commerce based upon positive
findings with respect to Chapter 3 (Performance Standards) of
the Land Development Regulations and policies of the
Comprehensive Plan.
Attachment:
* Location Map
YILIFLUM.DOC
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POLICE LEGAL ADVISOR
MBMORARDUM
TO: David Harden City Manager
FROM: Eric D. Hightower, Police Legal Advisor
DATE: July 6, 1994
SUBJECT: ABABDOMJm VEHICLE ORDIRARCB
========================================================================
Attached for your consideration is a copy of the revised Abandoned
Vehicle Ordinance, Section 90.02. The City Attorney's Office has
reviewed the ordinance and find it legally sufficient.
The revisions will allow our Code Enforcement Officers to handle
abandoned vehicles on public property as well as private property. This
is pursuant to F.S. 705.1015, which allows local governments this
discretion. Also, by using the word "enforcement officers" in the
ordinance, police officers will still retain their authority as well.
This change will not affect the City's liability since the change
is allowed by Florida Statutes. Also, the due process authorized by our
ordinance comports with the due process authorized under F.S. 705.
If this ordinance meets with your approval, please place the
ordinance on the Commission agenda at your earliest convenience.
Thank you for you time and patience in this matter.
EDH:lbg e /I ~
-, .- 51
c: Lula Butler f~ I L//~llqJqt..(
Chief Richard Overman
Susan Ruby, City Attorney
(~ /0. (3,
,
ORDINANCE NO. 58-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 90,
"ABANDONED PROPERTYi JUNKYARDS" , OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 90.02, "ABANDONMENT OF PROPERTY OR
WRECKED OR INOPERABLE MOTOR VEHICLES ON PUBLIC
PROPERTY" , SUBSECTION (B) , TO PROVIDE THAT
ENFORCEMENT OFFICERS BE AUTHORIZED TO ADMINISTER THE
PROVISIONS OF THIS SECTIONi PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 9, "General Regulations", Chapter
90, "Abandoned PropertYi Junkyards" , Subheading "Abandoned Property",
Section 90.02, "Abandonment of Property or Wrecked or Inoperable
Motor Vehicles on Public Property II , of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
Section 90.02 ABANDONMENT OF PROPERTY OR WRECKED OR INOPERABLE MOTOR
VEHICLES ON PUBLIC PROPERTY.
(A) No person shall abandon or leave any property or any
motor vehicle, including a wrecked or inoperable motor vehicle,
whether attended or not, upon any public property within the city for
a period of time in excess of 72 hours. The presence of those
vehicles, or parts thereof, on public property is declared to be a
public nuisance which may be abated in accordance with the provisions
of this subchapter. This section does not apply to motor vehicles
parked or stored on public property by the city or any of its
departments.
(B) Whenever an IZl~;rtst~ /~f.f.tst~t enforcement officer shall
ascertain that an article of abandoned property is present on public
property within the limits of the city, he shall cause a notice to be
placed upon that article in substantially the following form:
"NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN
THE ATTACHED PROPERTY. THIS PROPERTY, TO WIT:
(Setting forth brief description) is unlawfully upon
public property known as (setting forth brief
description of location) and must be removed within
ten (10) days from date of this notice; otherwise it
shall be presumed to be abandoned property and will
be removed and destroyed by order of the City of
Delray Beach. If the property is a motor vehicle,
.
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the owner will be liable for the costs of removal
and destruction, Dated this: (setting forth the
date of posting notice). Signed: (setting forth
name, title, address, and telephone number of P9~t~~
_ttt__t enforcement officer)."
(1) The notice shall be not less than eight inches by
ten inches and shall be sufficiently weatherproof to withstand normal
exposure to the elements. In addition to posting, the p~~t~~/~"t~~t
enforcement officer shall make a reasonable effort to ascertain the
name and address of the owner; and, if this is reasonably available
to the p_~t__/_ttt__t enforcement officer, he shall mail a copy of
the notice to the owner on or before the date of posting,
(2) If, at the end of ten (10) days after posting the
notice, the owner or any person interested in the abandoned vehicle
or article described in the notice has not removed the article from
public property or demanded a hearing in compliance with the
provisions of this subchapter or shown reasonable cause for failure
so to do, the __~t__ /_ttt__t enforcement officer may cause the
article of abandoned property to be removed and destroyed. The
salvage value, if any, of the article shall be retained by the city
to be applied against the cost of removal and destruction thereof, as
the cost of removal and destruction are paid by the owner as provided
in Sec. 90.06, in which case the salvage value may be deposited in
the City General Fund.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid,
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 2nd day of ~ . 1994.
~.~
AfJJ~-L~VlJJ.f1 kil Yf} I/o~ / MAY
Ci ty Clerk
First Reading July 19, 1994
Second Reading Auqust 2, 1994
- 2 - Ord. No. 58-94
,
.d.J
MEMO ff / ?--
From
CITY MANAGER'S OFFICE
To: ~ {fe<-l Da~:7/)/;i/
. fC'li:<<-~ t-;,-U~ '-~ --rL ,~tJ
t~Z"'-V-~(, ,/;~\{/~.. :-c L~ c/ ~~~
''1 c~<-tL f+-C- &fJ -
f~1
RECEiVED
1/8 (9'f
C11Y CLERK
p~LRoA ~ Br'P!
~*..II
;ijjr
1993
,
, .,
ORDINANCE NO. ~1> /ql.{
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA -
AMENDING "fITLI: 9, "OENERAL RLCUL,'\TIONS,"
CHAPTER 90, "ABANDONED PROPERTY; -
-
JUNKYARDS" -s.lJBIB:ADINO ",\BANBOMED
-IlR.OPEftT)y' OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, FLORIDA BY
AMENDING SECTION 90.02, "ABANDONMENT OF
PROPERTY OR WRECKED OR INOPERABLE MOTOR
VEIllCLES ON PUBLIC PROPERTY," SUBSECTION
(B) TO PROVIDE THAT ENFORCEMENT OFFICERS
BE AUTHORIZED TO ADMINISTER THE
PROVISIONS OF TIllS SECTION; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE
AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 9, "General Regulations, " Chapter 90,
"Abandoned Property; Junkyard," subheading "Abandoned Property," Section 90.02,
"Abandonment of Property or Wrecked or Inoperable Motor Vehicles on Public
Property," of the Code of Ordinances of the City of Delray Beach Florida, be, and the
same is hereby amended to read as follows:
Section 90.02 ABANDONMENT OF PROPERTY OR WRECKED OR INOPERABLE
MOTOR VEIllCLES ON PUBLIC PROPERTY.
(A) No person shall abandon or leave any property or any motor
vehicle, including a wrecked or inoperable motor vehicle, whether attended or not, upon
any public property within the city for a period of time in excess of 72 hours. The
presence cjf those vehicles, or parts thereof, on public property is declared to be a public
nuisance which may be abated in accordance with the provisions of this subchapter. This
section does not apply to motor vehicles parked or stored on public property by the city or
any of its department.
(B) Whenever an police officer enforcement officer shall ascertain that
an article of abandoned property is present on public property within the limits of the city,
he shall cause a notice to be placed upon that article in substantially the following fOIm:
"NOTICE TO THE OWNER At'\TD ALL PERSONS
INTERESTED IN THE ATTACHED PROPERTY. THIS
PROPERTY, TO WIT: (Setting forth brief
,
-.
-I
description) is unlawfully upon public property known as
(setting forth brief description of location) and must be
removed within ten (10) days f!om date of this notice;
otherwise it shall be presumed to be abandoned property -
and will be removed and destroyed by order of the City of
Delray Beach. If the property is a motor vehicle, the owner -
-
will be liable for the costs of removal and destruction.
Dated this: (setting forth the date of posting notice).
Signed: (setting forth name, title, address, and telephone
number of poliee officer enforcement officer. It
(1) The notice shall be not less than eight inches by ten inches and shall
be sufficiently weatherproof to withstand normal exposure to the elements. In addition to
posting, the police officer enforcement officer shall make a reasonable effort to ascertain
the name and address of the owner; and, if this is reasonably available to the police offioer
enforcement officer, he shall mail a copy of the notice to the owner on or before the date
of posting.
(2) If, at the end of ten (10) days after posting the notice, the owner or
any person interested in the abandoned vehicle or article described in the notice has not
removed the article from public property or demanded a hearing in compliance with the
provisions of this subchapter or shown reasonable cause for failure so to do, the ~
officer enforcement officer may cause the article of abandoned property to be removed
and destroyed. The salvage value, if any, of the article shall be retained by the city to be
applied against the cost of removal and destruction thereof, as the cost of removal and
destruction thereof, as the cost of removal and destruction are paid by the owner as
provided in Sec. 90. oft, in which case the salvage value may be deposited in the City
General Fund. .5hou.t.cL Iu- 90.00
(Ord. No. 74-86, passed llll 1/86) ----
Penalty, see Sec. 90.99
Section 2. That should any section or provision of this ordinance or
any portion thereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not effect the validity of the remainder hereof
as a whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which are in
conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon
passage on second and final reading.
2
,
. - .. ,
PASSED AND ADOPTED in regular session on second and final reading
on this the _ day of -,199_"
-
MAYOR -
-
ATTEST:
City Clerk
First Reading
Second Reading
ordinanclabandvch
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3
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