03-02-99 Regular ~L~,
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING ~-i-i-i'i
MARCH 2, 1999 - 6:00 P.M./PUBLIC HEARINGS 7:00 P.M.
1993
COMMISSION C~JkMBERS
The City will furnish auxiliary aids and services to afford an individual
with a disability an opportunity to participate in and enjoy the benefits
of a service, program or activity conducted by the City. Contact Doug
Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the
event in order for the City to accommodate your request. Adaptive
listening devices are available for meetings in the Commission Chambers.
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
Commissioh. Generally, remarks by an individual will be limited to three
minutes or less. 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, unless permission to continue or
again address the Commission is granted by a majority vote of the
Commission members present.
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, such person will need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is based. The City
neither provides nor prepares such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
5. Approval of Minutes:
Special Meeting of February 9, 1999
Regular Meeting of February 16, 1999
6. Proclamations: None
7. Presentations:
A. RESOLUTION NO. 13-99: A resolution recognizing and commending
.Nathaniel Tucker for 35 years of dedicated service to the City
of Delray Beach
B. Certificate of Completion/1999 Institute for Elected Municipal
Officials awarded to Commissioner Patricia Archer
8. Consent Agenda: City Manager recommends approval.
A. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 99-1: Formally
· initiate Comprehensive Plan Amendment 99-1 pursuant to LDR
Section 9.2.1.
B. INITIATION OF REZONING/DELRAY OAKS PRESERVE: Initiate the
rezoning of the Delray Oaks Preserve site from POC (Planned
Office Center) to OS (Open Space). The subject property is
located at the northwest corner of Congress Avenue and S.W.
29th Street and contains 25 acres.
C. 'LANDSCAPE MAINTENANCE AND OFF-SITE PARKING AGREEMENTS/PORTOFINO
SOUARE: Approve a Landscape Maintenance Agreement and an
Off-Site Parking Agreement associated with the proposed
Portofino Square commercial development to be located on the
east side of S.E. 6th Avenue (northbound Federal Highway),
approximately 180 feet north of S.E. 10th Street.
D. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT/THE ARC:
.Authorize the execution of a subrecipient funding agreement
Regular Commission Meeting
March 2, 1999
with The Arc (formerly The Association for Retarded Citizens
'Palm Beach County) under the Community Development Block Grant
(CDBG) program for FY 1999 to fund a component of the
renovation of a residential program facility located at 202
Palm Court. Funding in the amount of $15,000 will be from
118-1965-554-63.40 (CDBG) .
E. CHANGE ORDER REQUEST FOR HOUSING REHABILITATION PROJECT:
Approve three (3) change orders in the total amount of
$11,498.18 associated with a housing rehabilitation project at
216 S.E. 1st Avenue for additional work required to bring the
housing unit up to code, increasing the original contract award
from $21,857.21 to $33,355.39. Funding is available from
118-1924-554-49.19 (SHIP Program).
F. REMOVED
G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
· the actions and decisions made by the Land Development Boards
for the period February 16th through February 26, 1999.
H. AGREEMENT FOR SEWER IMPROVEMENTS/BOCA-DELRAY VETERINARY CLINIC:
Approve an agreement between the City and Boca-Delray
Veterinary Clinic (as developer) wherein the City will purchase
construction materials and the developer will be responsible
for installation of a sewer main extension on Jefferson Road in
conjunction with the construction of the Boca-Delray Veterinary
'Clinic addition.
I. AWARD OF BIDS AND CONTRACTS:
1. Purchase award in the total amount of $14,676.00 to Krings
Trench Shoring for the purchase of one (1) trench shoring
box and one (1) bedding rock box with a pull and lift bar
for use by the ESD Construction Division, with funding
from 441-5145-536-64.90 (W&S Construction Services - Other
Machinery/Equipment).
2. Contract award in the amount of $43,794.00 to Colonna
Construction Company, Inc., as the lowest responsive
bidder, for construction of a sidewalk on the west side of
State Road A1A between Ingraham Avenue and Miramar Street,
with funding from 334-3162-541-63.11 (General Construction
Fund - Bikepaths/Sidewalks).
3. Purchase award in the total amount of $43,414.00 to
Gateway 2000 for the purchase of eighteen (18) replacement
computers for the Environmental Services Department.
Pricing is per Florida State contract, with funding from
442-5178-536-64.11 (W&S Renewal & Replacement/Computer
Equipment).
4. Purchase award in the total amount of $44,859.00 to
Gateway 2000 for the purchase of eighteen (18) replacement
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Regular Commission Meeting
March 2, 1999
computers and one (1) new computer for various divisions
in the Police Department. Pricing is per Florida State
contract, with funding in the amount of $42,498.00 from
334-6112-519-64.11 (R&R Computer Equipment) and $2,361.00
from 001-2113-521-64.11 (Police Support Services/Computer
Equipment).
5. Bid awards for replacement of City vehicles from various
vendors under Florida Sheriff's Association contract as
specified in Attachment "B", State of Florida contract as
specified in Attachment "C", and City of Ft. Lauderdale
contract as specified in Attachment "D", at a total cost
of $692,435 with funding from City Garage Account
501-3312-591-64.20.
9. Regular Agenda:
A. REQUEST FOR DONATION (VEHICLE)/DELRAY BEACH ACADEMY: Consider
a request from the Delray Beach Academy for donation of surplus
Van #620 previously used by the Police Department.
0
B. REOUEST FOR DONATION (BICYCLES)/DELRAY BEACH ACADEMY: Consider
a request from the Delray Beach Academy for donation of 40
bicycles from Police Department impound.
C. 'GRANT AWARDS FOR HOUSING REHABILITATION CONTRACTS: Consider
approval of the following contracts: $18,984 to Craftsman
Plus, Inc. for 410 S.W. 5th Avenue, $12,432 to Craftsman Plus,
Inc. for 137 S.W. llth Avenue, and $20,890 to Henry Haywood for
27 N.W. 13th Avenue, with funding in the total amount of
$52,306 from 118-1963-554-49.19 (CDBG Housing Rehab); $16,522
to F. Bouman's Construction for 39 S.W. llth Avenue, with
funding from 118-1923-554-49.19 (HOME Housing Rehab); and
$7,271 to T. H. Mottley for 607 S.W. 9th Street, with funding
from 118-1924-554-49.19 (SHIP Housing Rehab).
D. RESOLUTION NO. 14-99: A resolution authorizing the approval
for a sole source procurement from Motorola Communications &
Electronics, Inc. and to commence negotiations for 800 MHz
trunked simulcast radio system equipment compatible with the
system proposed for South Palm Beach County.
E. .SERVICE AUTHORIZATION ~38/HELLER, WEAVER & CATO (SURVEYING
SERVICES FOR SW 8TH AVENUE/SW 4TH STREET IMPROVEMENTS):
Consider approval of Service Authorization #38 in the amount of
$26,955.00 with Heller, Weaver & Cato, Inc. for surveying and
mapping services associated with the S.W. 8th Avenue/S.W. 4th
Street Improvements project, with funding from 448-5461-538-
63.95 (Stormwater Utility - S.W. 8th Avenue Improvements).
F. CONTRACT RENEWAL WITH RUST-OFF, INC. (ANTI-RUST CHEMICALS IN
'CITY IRRIGATION SYSTEMS): Consider approval of a two year
contract renewal with current vendor, Rust-Off, Inc., for the
purchase of anti-rust chemicals for the City's irrigation
Regular Commission Meeting
March 2, 1999
systems, at an estimated annual cost of $31,720.00 with funding
from 119-4144-572-52.21 (Chemicals).
G. STIPULATION OF SETTLEMENT AND MUTUAL RELEASE/RECONSTRUCTION OF
CSX GRADE CROSSING AT S.W. 10TH STREET: Consider approval of a
Stipulation of Settlement and Mutual Release between the City,
CSX Transportation, Inc. and the Florida Department of
Transportation to settle a dispute concerning the construction
of a railroad crossing at S.W. 10th Street.
H. DE MINIMIS SETTLEMENT OFFER FOR PPC SUPERFUND SITE: Consider
approval of a de minimis settlement agreement for the Petroleum
Products Corporation (PFC) Superfund site and, if approved,
which option to be selected.
I. OFFER OF JUDGMENT/TATE: Consider making a joint offer of
judgment in the referenced matter as recommended by the City
Attorney.
J. APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint
two (2) members to the Delray Beach Housing Authority to fill
unexpired terms ending July 14, 2002 and July 14, 2001,
respectively. The appointments will be made by Mayor Alperin
(for unexpired term ending July 2002) and Commissioner Schmidt
(for unexpired term ending July 2001).
K. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint one (1)
regular member and two (2) alternate members to the Board of
Adjustment, all to fill unexpired terms ending August 31, 1999.
The appointments will be made by Commissioner Archer (regular
member), Commissioner Ellingsworth (alternate member) and
Commissioner Randolph (alternate member).
10. Public Hearings:
A. RESOLUTION NO. 15-99: A resolution providing for the
certification and adoption of the finalized assessment roll for
the Woods of Southridge Special Assessment District, and
providing for the method of payment of assessments.
B. ORDINANCE NO. 8-99: An ordinance amending Chapter 51, "Garbage
and Trash", of the City Code by amending Section 51.22,
"Vegetative Waste", Section 51.23, "Bulk Trash", Section 51.40,
"Placement of Containers and Trash; Precollection Practices"
all to clarify the set out times and fees charged, and amending
Section 51.99, "Penalty", to clarify the penalty for a
violation.
1. AMENDMENT NO. 6 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT: Consider approval of Amendment No. 6
to the Solid Waste and Recycling Collection Franchise
Agreement between the City and BFI to provide that the
cost to a resident for additional bulk trash collection
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Regular Commission Meeting
March 2, 1999
service shall be changed from $22.00 per cubic yard to
$11.50 per cubic yard.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. Prom the Public.
12. First Readings:
A. ORDINANCE NO. 11-99: An ordinance rezoning a parcel of land
located on the north side of Old Germantown Road, approximately
1,300 feet west of Homewood Boulevard and immediately east of
Spanish Wells, from A (Agricultural) to RM-8 (Medium Density
Residential/8 units per acre) District. If passed, a
quasi-judicial public hearing will be scheduled for March 16,
1999.
B. REMOVED
C. 'ORDINANCE NO. 10-99: An ordinance amending Chapter 8, "Special
Implementation Programs", of the Land Development Regulations
by repealing Article 8.4, "Public Improvements and Special
Assessments", in its entirety and enacting a new Article 8.4,
"Special Assessments", to clarify the process of making and
adopting special assessments. If passed, a public hearing will
be scheduled for March 16, 1999.
D. ORDINANCE NO. 12-99: An ordinance amending various sections of
'the Land Development Regulations (4.6.3, 5.3.1, 6.1.2 and
6.1.4) regarding infrastructure improvement obligations. If
passed, a public hearing will be scheduled for March 16, 1999.
E. ORDINANCE NO. 13-99: An ordinance amending Chapter Three,
"Performance Standards", of the Land Development Regulations
regarding required findings for land development applications.
If passed, a public hearing will be scheduled for March 16,
.1999.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
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RESOLUTION NO. 13-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING
NATHANIEL TUCKER FOR THIRTY-FIVE (35) YEARS OF
DEDICATED SERVICE TO THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, Nathaniel Tucker was hired by the City of
Delray Beach on February 5, 1964; and
WHEREAS, on February 5, 1999, Nathaniel reached a
milestone in his career, having achieved thirty-five (35) years
of full-time public service with the City of Delray Beach; and
WHEREAS, Mr. Tucker has been a faithful and dedicated
employee in the Parks and Recreation Department these past
thirty-five (35) years; and
WHEREAS, he has consistently performed any and all
duties required of him in an exceptionally mature and
professional manner, exhibiting competence and loyalty; and
WHEREAS, the services and knowledge provided by this
dedicated employee are sincerely appreciated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1: The City Commission of the City of Delray
Beach, Florida, hereby recognizes and commends Nathaniel Tucker
for thirty-five (35) years of dedicated and faithful public
service.
Section 2: The Delray Beach City Commission hereby
expresses sincere thanks and appreciation to Nathaniel Tucker and
wishes him the best of health and happiness as he continues his
career with the City of Delray Beach.
PASSED AND ADOPTED in regular session on this 2nd day
of March, 1999.
MAYOR
ATTEST:
City Clerk
SUBJECT: MEETING OF MARCH 2, 1999 ** CONSENT AGENDA**
INTIATION OF COMPREHENSIVE PLAN 99-1 '
The action requested of the City Commission is initiation of Comprehensive Plan
Amendment 99-1. Pursuant to LDR Section 9.2.1, amendments to the Plan must be formally
initiated by the City Commission.
This amendment generally focuses on updating the work program in our Plan; updating the
status of various objectives and policies; corrections and general housekeeping; and
amendments to the Future Land Use Map. The items suggested for inclusion in the Plan
Amendment are listed below:
The Five-Year Schedule of Capital Improvements, which will be modified to reflect changes
associated with the adopted 1998/99 Capital Improvement budget.
· City initiated Future Land Use Map amendment for the Delray Oak Preserve from
Transitional to Open Space-Conservation.
· City initiated Future Land Use Map amendment for the Delray Swap Shop to eliminate the
underlying Large Scale Mixed Use category.
· Modification of Housing Policy A-12.4 relating to adoption of LDR regulations to limit the size
and scale of new homes.
· Modification of Transportation Element Table T-1 to reflect reduced lanes (3 to2) for Federal
Highway pairs between SE 10th Street and George Bush Boulevard to be consistent with the
2020 Transportation Plan adopted by the MPO (Metropolitan Planning Organization).
· Modification of Transportation Element Maps #20 and #21 to note 2 lane one-way for
Federal Highway pairs from SE 10th Street to George Bush Boulevard.
· Modification of the Needs and Recommendation section of the Conservation Element
removing the reference to establishment of an interpretive trail at the Leon Weekes
Environmental Preserve as the policy has been accomplished.
· Eliminate Conservation Element Policy B-1.3 that refers to development of Leon Weekes
interpretive trail.
· Minor text changes which include;
· Amendment to Transportation Element Objective A-4 to reflect Table T-1 versus Table
T-4.
· Modifying the General Commercial land use description in the Future Land Use Element
to eliminate a prohibition of residential uses unless they are in conjunction with
commercial uses.
· Modification of the Conservation land use description in the Future Land Use Element to
correct the land use designation to indicate Open Space -Conservation versus the
current Recreation and Open Space.
· Elimination of the Large Scale Mixed Use description from the Future Land Use
Element.
· Modification of the Other Mixed-Use category in the Future Land Use Element to better
reflect the Old School Square Historic Arts Zoning District.
· Modification of Table L-7 to eliminate the Large Scale Mixed Use category.
· Modification of Future Land Use Element Policy A-1.7 to allow the requirement for data
and analysis in support of land use amendments to be waived if associated with
annexation.
The tentative schedule for processing Plan Amendment 99-1 is as follows:
March 2, 1999 Initiation by City Commission
March 15, 1999 Planning and Zoning Board Hearing
April 6, 1999 City Commission Transmittal Public Hearing
Late May Receipt of ORC Report
Early July Adoption
The Planning and Zoning Board considered the initiation request at their meeting of February
22, 1999. There was no discussion by the public and the Board unanimously recommended
approval on a 6-0 vote (Eliopoulos absent).
By motion, approve the initiation of Comprehensive Plan Amendment 99-1, containing the
material stated in this staff report.
Adv/comp/99init2
TO: DAVID T. HARDEN
CITY MANAGER ~. ,,
THRU: DIANE DOMINGUEZ, DIRECTOR ~-., ,~-,,~,:-~k,~J~:~J~,.,,. ~
DEPARTMENT OF PLANNING AN
D'ZONiJ~G ~v"v-~---~
FROM: SCOTT PAPE, SENIOR PLANNE~
SUBJECT: MEETING OF MARCH 2, 1999 **CONSENT AGENDA**
INITIATION OF A REZONING FROM POC (PLANNED OFFICE CENTER) TO
OS (OPEN SPACE) FOR THE 25 ACRE DELRAY OAKS PRESERVE
LOCATED AT THE NORTH WEST CORNER OF CONGRESS AVENUE AND
SW 29'" STREET.
The subject property was acquired in December 1995, by Palm Beach County with funds from
the Environmentally Sensitive Lands Bond on March 12, 1991. The City served as the County's
partner in an application for State matching funds for acquisition of the subject property.
The City has received a site plan application from the Palm Beach County Department of
Environmental Resource Management to install a 12-space parking area and nature trail with
observation platform at the Delray Oaks Preserve. The City's Future Land Use Map (FLUM)
designation for the property is TRN (Transitional) and is currently zoned POC (Planned Office
Center), which does not permit the preserve and the associated improvements. Pursuant to
Conservation Element, Policy B-1.1 of the Comprehensive Plan, publicly owned environmentally
sensitive areas are to be identified on the FLUM by an "Open Space-Conservation" symbol. In
order to be consistent with the use of the property and Conservation Element, Policy B-1.1, it is
necessary to change the FLUM description to Open Space-Conservation and zoning
designation to OS (Open Space), which is to be applied to passive parks, such as the preserve.
The initiation of the FLUM amendment is included in Comprehensive Plan Amendment 99-1.
Initiate a rezoning of the 25-acre Delray Oaks Preserve from POC (Planned Office Center) to
OS (Open Space).
Attachments:
· Location map
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CITY OF BELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
-- DIGITAL ~ASE MAP SYSI-EM -- MAP REF: LM325
TO: DAVID T. HARDEN
CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR ~ ~f~
DEPARTMENT OF PLANNING AND ZONING v
FROM: SCOTT PAPE, SENIOR PLANNER (~
SUBJECT: MEETING OF MARCH 2, 1999
ACCEPTANCE OF OFF-SITE PARKING AND LANDSCAPE MAINTENANCE
AGREEMENTS ASSOCIATED WITH THE PORTOFINO SQUARE COMMERCIAL
PLAZA.
The action requested of the City Commission is acceptance of off-site parking and landscape
maintenance agreements associated with the Portofino Square commercial plaza, located on the east
side of SE 8th Avenue (Northbound Federal Highway) approximately 180' north of SE 10th Street.
At its meeting of December 16, 1998, the Site Plan Review and Appearance Board (SPRAB)
approved the site plan for Portofino Square subject to conditions. The applicant is required to enter
into an agreement to maintain and irrigate the landscaping on the west side of the SE 7th Avenue
right-of-way in lieu of planting all of the required landscaping on the east side of the Portofino Square
property. This agreement is necessary to compensate for the reduction of the required number of
trees to be planted on the east side of the commercial property. Furthermore, the applicant is
required to enter into an off-site parking agreement that essentially dedicates the use of four parking
spaces to Mayfair Plaza, the abutting development to the north. This agreement became necessary
when a cross-access driveway between Portofino Square and Mayfair Plaza eliminated four of
Mayfair Plaza's parking spaces. In order to compensate for these spaces, the developers of
Portofino Square will relocate them to their property. The Board approved the site plan subject to the
City Commission's acceptance of these agreements.
By motion, accept the landscape maintenance and off-site parking agreements for Portofino Square.
Attachments:
location Map
[] Reduced Site Plan
[] Landscape Maintenance Agreement
[] Off-site Parking Agreement
LANDSCAPE MAINTENANCE AGREEMENT
THIS AGREEMENT made this I'Is day of F£&aana,[ , 1 ~1¥1, by
and between the City of Delray Beach, Florida ("City") and FIMA DEVELOPMENT,
INC., a Florida corporation ("Owner").
WITNESSETH:
WHEREAS, in order to provide landscaping in the City, the City Commission has
adopted ordinances setting forth requirements for landscaping; and,
WHEREAS, in order to comply with the City's landscape Ordinance the Owner
shall be allowed to install landscaping material in the right of way of abutting to the
Eastern property line of Lot 1, Block 1, Rio Del Rey Shores Replat, a Subdivision as
recorded in Plat Book 82, Page 92 in the Public Records of Palm Beach County, Florida,
pursuant to the terms of this Agreement; and,
WHEREAS, this Agreement shall in no way be deemed an actual, constructive or
any other type of abandonment by the City of the public right-of-way of abutting to the
Eastern property line of Lot 1, Block 1, Rio Del Rey Shores Replat, a Subdivision as
recorded in Plat Book 82, Page 92 in the Public Records of Palm Beach County, Florida;
and,
WHEREAS, the City reserves the right at any time to utili?e the right-of-way for
right-of-way purposes; and,
WHEREAS, the public will benefit fi.om the beautification of areas along its
streets by the addition of landscaping; and,
WHEREAS, this Agreement is not effective unless the Owner has submitted a
landscape plan and it has been approved by the City; and,
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the
mutual covenants and conditions contained in this Agreement, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties hereby agree as follows:
1. The Parties hereby represent and warrant that the above recitals are
accurate and correct and hereby incorporate them in this Agreement.
2. The Owner shall perform all conditions as required by the City or any
Board of the City in conjunction with the site plan and review process for the required
installation and maintenance of the landscaping. The subject property, further described
in Exhibit "A", shall have an approved landscape plan, Exhibit "B", attached hereto and
incorporated herein by reference.
3. The Owner shall be responsible for purchasing and installing all plant,
tree, hedge or grass material or any other material as required by the Owner's approved
landscaping plan.
4. The Owner hereby agrees to maintain the plantings in the right-of-way in
accordance with the City's Ordinances and the terms and conditions of this Agreement.
The Owner shall be responsible to maintain, which means the proper watering and proper
fertilization of all plants and keeping them as fiee as practicable fiom disease and
harmful insects; to properly mulch the plant beds; to keep the premises fi'ce of weeds; to
mow and/or cut the grass to a proper height; to properly prune all plants which includes
(1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which
present a visual hazard for those using the roadway. To maintain also means removing or
replacing dead or diseased plants in their entirety, or removing or replacing those that fall
below original project standards. All pla~ts removed for whatever reason shall be
replaced by plants of the same grade, not necessarily the same plant but of acceptable
quality to the City and the Owner, as specified in the original plans and specifications and
of size comparable to those existing at the time of replacement. To maintain also means
to keep litter removed fi.om the landscaped areas in the right-of-way. Plants shall be those
items which would be scientifically classified as plants and include but are not limited to
trees, grass, or shrubs.
5. If at any time after the execution of this Agreement by the Owner, it shall
come to the attention of the City that the landscaping is not properly maintained pursuant
to the terms and conditions of this Agreement then the City may at its option issue a
written notice that a deficiency or deficiencies exist, by sending a certified letter to the
Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to
correct the cited deficiencies. If said deficiencies are not corrected within this time
period, the City may at its option, proceed as follows:
(a) Maintain the landscaping or part thereof; and invoice the Owner for expenses
incurred.
(b) Terminate this Agreement and require the Owner to comply with the City's
current Ordinance on landscaping.
6. At all times hereto, the Owner shall own and maintain all landscaping
installed in the right-of-way by the Owner.
7. If for any reason the City decides that it needs the right-of-way of abutting
to the Eastern property line of Lot 1, Block 1, Rio Del Rey Shores Replat, a Subdivision
as recorded in Plat Book 82, Page 92 in the Public Records of Palm Beach County,
Florida, or for any other public purpose this Agreement shall terminate, and the Owner
shall be required to comply with the City's current Code of Ordinances regarding
landscape requirements.
8. The Owner shall indemnify and hold harmless the City, its officers and
employees from all suits, actions, claims and liability arising solely out of the Owner's
installation and maintenance of landscaping in the City's right-of-way.
9. This Agreement shall constitute the entire Agreement of the parties with
respect to the subject matter of it. All prior understandings and agreements between the
parties with respect to such matters are merged into this Agreement, which alone fully
and completely expresses their understanding.
10. This Agreement may not be assigned or transferred by the Owner, in
whole or part without the written consent of the City.
11. This Agreement shall be binding on the Parties, their respective heirs,
successors, legal representatives, and permitted assigns and shall be recorded in the
Public Record of Palm Beach County and shall mn with the land.
12. This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed on their behalf this day of ., 199__.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City of Clerk Jay Alperin
Mayor
Approved as to legal form and
sufficiency:
~._.City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __ day of__
.199__ by Jay Alperin, the Mayor of the City of Delray Beach, Florida, who is
personally known to me or who has produced as
identification.
Signature of Notary Public - State of Florida
WITNESSES: FIMA DEVELOPMENT, INC.,
rint~f~ ~~~7~~ ~da Corpor.~tion
C li~-P'~me,~ice -Pre sident
Print qame: ar atra
STATE OF FLORIDA
cou ¥ or PALM BEACH
The fo_regoing instmmem was acknowledged before me this 1'2 ~__ day of~_22V~
,1996{__ by Cliff Fine, as Vice-President, and on behalf of FIMA Development,
Inc., a Florida Corporation. who is personally known to me or who has produced as identification.
Signature of Notary Public - State of Florida
OFFICIAL NOTARY SEAL
SANDRA M RIPPEL
NOTARY PUBLIC S'rATE OF FLORIDA
COMMISSION NO. CC..640678
L, ,MY COMMISSION EXP. APR; 212001,
(PLAT BOOK 46. P),GE22 l o.~,~'. ~D.~
~.~.p ~NOI~TES OELT~
S.F. I~I~TES SG~E ~EET
EL I~I~TES ELEVATION
I.P,S. I~I~TES IRON p N SET
; NOTES
~ ; =* LE~L OESCnJ~T~O~ T~ F~ RECOnDED p~.
~? b: ' ~ ~ STREET 4, ELEVATIONS ARE BASED ON ~TIONAL ~OOETIC
:: '~ ~ ~'
' . FIRE HYDR~ P~EPARED FOR: ELI BEHAn
OFF SITE PARKING AGREEMENT
THIS AGREEMENT made this I-t~ dayof F~4,~ , /~*~/ , by
and between FIMA DEVELOPMENT, INC., a Florida corporation ("FIMA"), whose
address is 2742 Hampton Circle South, Delray Beach, Florida 33445, 885 REALTY
GROUP, INC., a Florida corporation ("885 REALTY"), whose address is 640 East
Atlantic Avenue, #1, Delray Beach, Florida, 33483, and the CITY OF DELRAY
BEACH, FLORIDA (the "CITY").
WITNESSETH:
WHEREAS, FIMA is the owner of certain real property situated in the County of
Palm Beach, State of Florida ("the Property"), more particularly described in Exhibit
"A", which is attached hereto and incorporated herein by reference; and
WHEREAS, 885 REALTY is the owner of certain property more particularly
described in Exhibit "B"; and
WHEREAS, FIMA wishes to make provisions for the use of certain designated
parking spaces on the Property to be used by 885 REALTY, which parking spaces are set
forth on the site plan attached hereto as Exhibit "B" (the "Parking Spaces"); and
WHEREAS, it is the desire of FIMA and 885 REALTY to each operate and
maintain their respective properties with integration of certain common areas for their
mutual benefits as to parking.
NOW, THEREFORE, in consideration ofTen Dollars ($10.00) and other good
and valuable consideration, F1MA and 885 REALTY hereby agree as follows:
1. FIMA and 885 REALTY hereby agree as follows:
A. The Parties hereby represent and warrant that the above recitals are
accurate and correct, and hereby incorporate them into this
agreement.
B. FIMA shall maintain the Parking Spaces in a neat, clean and
sankary condition, free from all garbage, trash, litter and debris,
and provide whatever maintenance is required thereon, including,
but not limited to asphalt repair or repaying, and painting lines
thereon to clearly mark the Parking Spaces.
2. This Agreement shall not be terminated, altered, changed, or modified
unless in writing, signed offby all of the parties hereto. This Agreement shall be binding
upon, and run to the benefit of; each party, its successors, assigns, or heirs, as the case
may be. This Agreement may be enforced by any of the parties hereto, including but not
limited to the CITY.
3. This Agreement shall be recorded, the expense of recording to be borne by
FIMA. In the event this ~Agreemem is ever revised, FIMA shall bear the expense of
recording said revision.
4. Each party, except the CITY, shall pay all real property taxes, charges and
assessments levied or imposed on the real property and all other taxes as may be imposed
on the property.
5. For the payment of additional consideration of Ten Dollars ($10.00),
receipt of which is hereby acknowledged, FIMA and 885 REALTY shall, and hereby
agree to indenmify and hold the CITY harmless from and against any and all judgments,
damages, claims, demands, losses, liabilities and other costs and expenses, including
2
reasonable attorney's fees incurred in the defense thereof, that may be incurred by reason
of the use and occupancy of the Parking Spaces, or by the reason of the act, or failure to
act of FIMA and 885 REALTY or its agents, employees or representatives, and further
shaH, and hereby agree, to indemnify and hold the CITY harmless fi:om and against any
and all losses, claims demands, costs and expenses to which the City of Delray Beach
may become subject by reason of the failure of FIMA or 885 REALTY to perform or
observe any covenants, terms, conditions and provisions hereof.
6. The CITY, by entering into this Agreement, has no obligation to provide
maintenance, nor does the CITY accept any liability associated with the use of the
parking lots whatsoever. The CITY'S interest is solely to assure its code of ordinances
regarding the number of required parking spaces is met.
IN WITNESS WHEREOF, the parties hereto have executed these presents and
affixed their sales heretojas of the day and year first above written.
WI~ TNE~gSES: ~ FIJM~ DEVELOPMENT, INC.,
/ r ' ~ ~ "' - CliffFinq, Vice-President
Print Name.~./~/,/~,W ~'~,~-'~/c'~/-/~/~/D.J~
ST^TE OF FLORID^
COUNTY OF BE^C.
The foregoing instrument was acknowledged before me this [ day of
,199___q by CliffFine, as Vice-President, and on behalfofFIMA D~-~velopment---~
Inc., a Florida Corporation, who is personally known to me or who has produced
as identification.
Signature of Notary Public - State of Florida
OFFICIAL NOTARY S~E,t~':
[ SANDP. A M RIPPEL
I NOTARY PUBUC ~r^TE O~ FLORIDA
I COM~SS~ON NO. CC~0~TS
WI ~ 885 REALTY, INC.,
^ orida o ation
qaaaxa ~
STATE OF FLO~DA q~sxav~ ~o
CO~TY OF P~M BEACH
The forego~g ~mmem w~ ac~owledged ~fore me tbs ~ ~ s~ day of ~~
,19~ by ~ ~. ~C~ , the ~rC~ (Tkle) of 885
~TY, ~C., a Flori~ Co~r~io~ who is persomlly ~o~ to me or who ~
produceddf~Vff~ [~fl~ ~ identffication.
] 5~D~ M RI~EL
ls~ay v~uc ~A~ OF ~a~ Sig~t~e of Not~ Public - Stme of Florida
/ couu~O~,NO. CC--~78
ATTEST: [ uy co~t~o~ ~xv. aPR. 2~mL CITY OF DEL~Y BEACH, FLO~DA
By:
City Clerk Jay Alperin, Mayor
Approved as to Form:
~.~ity Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day of__
,199__ by Jay Alperin, the Mayor of the City of Delray Beach, Florida, who is
personally known to me or who has produced as
identification.
Signature of Notary Public - State of Florida
4
S.E. 6TH ST.
BARR TON
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DELRA~Y .
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DELRA Y]
PORTOFINO SQtJARE
CITY OF DELRAY BEACH. FL
PLANNING &: ZONING D[PARI'MENT
LLI
City of Delray Beach Community Development Division
MEMORANDUM
TO: David Harden, City Manager
THRU: Lula Butler, Community Improvement Directo
FROM: Charles L. Bender III, CD Coordinator
DATE: February 22, 1999
SUBJECT: 1998-99 Community Development Block Grant Subreeipient Funding
Agreement: The Are
ITEM BEFORE THE COMMISSION
This is to request approval to execute the agreement for the funding of the above listed
subrecipient under the 1998-99 Community Development Block Grant (CDBG) Program.
BACKGROUND
In accordance with 24CFR 570.301, a Public Hearing was held before the City
Commission on August 4, 1998, to obtain public comments on the proposed budget and
for the approval of the Community Development Block Grant Consolidated Action Plan
for Fiscal year 1998-99. The Action Plan contains an appropriation for the agency as
listed above and was approved by the Commission.
CDBG Program regulations at 24CFR 570.503 require written agreements prior to the
disbursement of funds to subrecipient organizations, specifying the work to be performed
and reporting, among other necessary requirements and governing provisions. This
agreement has been developed in accordance with the stated regulations and has been
reviewed by the City Attorney for legal sufficiency.
RECOMMENDATION
Staff recommends approval to execute the attached agreement in order that funding may
proceed in accordance with the Commission approved Action Plan for Fiscal Year 1998-
99.
Agenda Item No.: ff/~)
AGENDA REQUEST
Request to be placed on: Date: February 24, 1999
__ Regular Agenda
Special Agenda
__ Workshop Agenda
xxxx Consent Agenda When: March 2, 1999
Description of item (who, what, where, how much):
To request approval to execute the Agreement for Funding of The Arc, subrecipient under
the 1998-1999 Community Development Block Grant (CDBG) Program, in the amount
of $15,000.00 as per budget approved by City Commission on August 4, 1998.
(Example: Request from Atlantic High School for $2,000 to funds project graduation).
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval to execute the agreement in order that funding
may proceed from account #118-1965-554.63-40 in accordance with the Commission
approved Action Plan for Fiscal Year 1998-1999.
(Example: Recommend approval with funding from Special Events Account No.
001-3333-555-44.55).
Department Head Signature:
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (required on all items involving expenditure of funds):
Fundingavailable: ~0 ~,-,i l~ffq'°-9~ ~; 1~
Funding Alternatives: -~ ~'~t ~% .(if applicable)
Account No. & Description:
Account Balance:
City Manager RevieW:Approved for agenda: z'~'/NO~_~ ~ Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
City of Delray Beach Community Development Division
MEMORANDUM
Susan Ruby, City Attorney
~THRU: Lula Butler, Director, CI /~ -
F~:'7~ Charles Bender, CD Coordinator ~.
DATE: 2/9/99
SUBJECT: APPROVAL TO LEGAL FORM -- 1998-99 CDBG SUBRECIPIENT
AGREEMENT (The Arc - Formerly The Association for Retarded
Citizens Palm Beach County)
Attached, for your review and approval to legal form (prior to execution), is the original
CDBG subrecipient agreement with The Arc for FY 1998-99. The agreement contains
the standard provisions included in the previous five (5) agreements approved by the City
Commission earlier this fiscal year. Minimal variations are included, due to the fact that
this is a rehabilitation/renovation project.
I am attempting to have the attached agreement on the March 2, 1999 Commission
Agenda. Once approved by your office, I will send the agreement to The Arc for review
and execution. Thank you for your assistance.
ref: u:\cdbg~subs\arc\attorneyreview I
c.bendcr
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
BETWEEN THE CITY OF DELRAY BEACH
THE ARC
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
("Agreement") entered into this SECOND day of MARCH, 1999, between the City of Delray
Beach, and The Arc (formerly The Association for Retarded Citizens Palm Beach County),
hereinafter referred to as "The Axe" and/or "Agency", having its principal office located at 1201
Australian Avenue, Riviera Beach, Florida, is related to the provision, as per the budget approval by
the City Commission on August 4, 1998 and effective October 1, 1998 through September 30, 1999,
of $15,000 in Community Development Block Grant (CDBG) funds. These funds were approved by
the City and U.S. HUD to fund a component of the overall renovation of "The Art's" Sipporta
Residence (residential program facility) located at 202 Palm Court, Delray Beach. Local CDBG
funds will leverage CDBG funds from Palm Beach County to assist with this undertaking. Local
CDBG dollars will provide for the acquisition and installation of approximately twenty-six (26) new
(upgraded) windows throughout the residential structure.
"The Arc" agrees to:
a.) contract directly with a licensed general contractor (to undertake the rehabilitation work)
through a competitive bid process as determined appropriate by the City and the CD
Division (award to be reviewed and approved by CD Division);
b.) include all CD Division required Labor Standard requirements as a component of the
competitive Bid Package, prior to advertisement/request for proposals; copy of complete
Bid Package to be provided to the CD Division prior to advertisement/request for proposals;
c.) provide information to the CD Division regarding Bid Package availability date, acceptance
deadline, and selected contractor;
d.) provide copies of executed contract with awarded contractor to the CD Division, prior to
commencement;
e.) conduct a mandatory Pre-Construction Conference with the awarded contractor, to include
The Arc, CD Division, selected contractor (and sub-contractors), and others involved (i.e.
Palm Beach County HCD); conference to be conducted prior to construction commencement
(determination of responsibilities);
f.) undertake responsibility for the rehabilitation proceedings and the selected general
contractor's work; and ensure that all local permitting and inspection requirements are met;
g.) ensure that the CD Division is notified on an on-going basis as to the progress of the
scheduled work; and maintain compliance with all inspections and monitoring requirements
associated with federal CDBG funds;
h.) submit a monthly progress narrative as to the activity's progress (through completion); and
i.) submit requests for reimbursement of expenses following completion and payment of
eligible rehabilitation tasks (subject to approval by the CD Coordinator and the Director of
Community Improvement);
j.) ensure that the facility receiving capital improvements will continue to be operated under its
intended use (residential program/group home facility serving eight developmentally
disabled adults) for a period not less than five (5) years or otherwise be subject to grant
recapture provisions. This capital grant amount ($15,000) will be forgiven (forgivable
grant) in the amount of $3,000 per year for a five (5) year period, beginning from the time
that the last payment of funds under this contract is reimbursed;
k.) ensure that only reasonable fees may be charged for the use of the facilities assisted with
CDBG funds, but charges, such as excessive membership fees, which will have the effect of
precluding L/M Income persons from using the facilities are not permitted, for a period of
five (5) years as well (24CFR 570.200 (b)(2); and
1.) comply with all other federal monitoring and compliance related issues, with a particular
emphasis on relevant portions of the Davis-Bacon Act.
1. Definitions:
a. "City" means the City of Delray Beach, Florida
b. "CDBG" means Community Development Block Grant Program of the City
of Delray Beach
c. "CD" means Community Development Division (City of Delray Beach)
d. "The Agency" means The Arc
e. "U.S. HUD means the Secretary of the U.S. Department of Housing and
Urban Development or a person authorized to act on U.S. HUD's behalf.
f. Low and Moderate-Income Persons" means the definition set by U.S. HUD
g. "Federal Labor Standards" means the requirements of Section 110 of the Housing
and Community Development Act of 1974 that all laborers and mechanics employed
by contractors or subcontractors on construction work financed in whole or in part
with assistance received under the Act shall be paid wages at rates not less than
those prevailing on similar construction in the locality as determined by the
Secretary of Labor in accordance with the Davis-Bacon Act, as amended.
2. Purpose / Statement of Work:
The purpose of this Agreement is to state the covenants and conditions under which the
Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG
funds. At least 51 percent (51%) of the beneficiaries of a project funded under this Agreement must
be low and moderate-income persons (as determined annually by HUD for the area).
The Agency shall, in a satisfactory and proper manner as determined by the City, perform
the tasks necessary to conduct the proceedings outlined in this agreement and submit requests for
reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto and
made a part hereof. Reimbursement requests should accompany all required reports.
Disbursements will be released only upon the receipt of each required "request for
reimbursement", including all required reports and necessary data (as determined by the City),
covering the completed work by the Agency's selected general contractor. Payments will be made
available within thirty (30) days of receipt of each invoice, following an inspection of the work
completed and approval by the CD Coordinator and the Director of Community Improvement.
Local CDBG (federal) dollars are being provided to "The Arc" to fund a component of the
overall renovation of "The Arc's" Sipporta Residence (residential program facility) located at 202
Palm Court, Delray Beach. Local CDBG funds will leverage CDBG funds from Palm Beach County
to assist with this undertaking. Local CDBG dollars will provide for the acquisition and installation
of approximately twenty-six (26) new (upgraded) windows throughout the residential structure.
a.) The City and The Arc further agree that the City shall:
1.) Provide $15,000 toward the rehabilitation of the Sipporta Residence located at
202 Palm Court, Delray Beach (replacement of windows);
2.) Provide technical assistance upon request and throughout the contract period to
assist The Arc in complying with the terms of this contract. This assistance shall
include ongoing monitoring for Davis-Bacon and related Acts (Labor Standards);
b.) The City and The Arc further agree that The Arc shall:
1 .) Award contracts for the rehabilitation of the Sipporta Residence by
providing appropriate work write-ups, building plans and adequate supervision of
construction. Further, The Arc shall secure all necessary bonding and accept all
liability as it may relate directly or indirectly from the construction, and hold
harmless and indemnify the City from all construction related deficiencies and
liabilities of whatsoever kind as it relates to the construction and rehabilitation.
3. Time of Performance:
The effective date of this agreement and all rights and duties designated hereunder are
contingent upon the timely release of funds for this particular project. The effective date
shall be the date of execution of this Agreement or the date of release of funds by U.S.
HUD, whichever is later. The services of the Agency shall commence upon the effective
date of this Agreement. Reimbursement of associated and approved eligible expenses
incurred as of February 1, 1999 will be processed. All tasks required hereunder shall be
completed by the Agency by September 30, 1999 (contract expiration date).
4. Subcontracts:
Any work or services subcontracted hereunder shall be specifically by written contract, or
written agreement, and shall be subject to each provision of this Agreement. Proper documentation
in accordance with City, State, and Federal guidelines and regulations must be submitted by the
Agency to the City and approved by the City prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of
the work or services covered by this agreement, including but not limited to consultant work or
services, shall be subcontracted or reimbursed without the prior written approval of the Community
Improvement Director or designee.
5. Records and Reports:
The Arc agrees to ensure the submission of all contractor payrolls and itemized pay requests.
Prior to bid, the agency shall submit to the Community Development Coordinator a copy of the Bid
Specification packet to assure the inclusion of all federal requirements. The Arc further agrees to
submit upon request other documentation, which may later be determined necessary to assure
compliance with this agreement.
Reimbursement payments will not be released without the submission of the required (complete and
accurate) repons to the Community Development Division, and on the resolution of monitoring or
audit findings identified. All reimbursements will be processed only following inspection of the
work performed (by CD Division staff).
The City shall have the right under this agreement to suspend or terminate payments until
the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD
at any time.
The Agency agrees to retain supporting documentation relating to the activities funded
hereunder and related service provision (activities) for a period of three (3) years, dating from
September 30, 1999.
6. Program -Generated Income:
All income earned by the agency from activities financed by CDBG funds must be reported
to the City. In addition to reporting such income, the Agency shall report to the City the procedure
developed to utilize program income to offset project costs. If program income is used to extend the
availability of services provided by the Agency through this Agreement, the prior written approval
of the Community Improvement Director or the CD Coordinator will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circular
A-110 and other applicable regulations incorporated herein by reference.
7. Other Program Requirements (Civil Rights / Resident Opportunities):
The agency agrees that no person shall on the grounds of race, color, mental or physical
disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to
discrimination under, any activity carried out by the performance of this Agreement. Upon receipt
of evidence of such discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, iow-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project.
8. Evaluation and Monitoring:
The Agency agrees that the City will carry out periodic monitoring and evaluation activities
(through in-house and site visitation evaluations) as determined necessary by the Community
Development Division or the City and that the continuation of this Agreement is dependent upon
satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of
planned versus actual progress relating to project scheduling, construction, budgets, audit reports,
and output measures. The Agency agrees to furnish upon request to the CD Division, the City,
and/or HUD copies of transcriptions of such records and information as is determined necessary by
the City. The Agency shall submit (on a monthly basis) and at other times upon the request of the
City, information and status reports required by the CD Division, the City, or U.S. HUD on forms
approved by the CD Division to enable the Division to evaluate said progress and to allow for
completion of repons required of the City by HUD. The Agency shall allow the CD Division or
HUD to monitor the Agency on site (at least annually-if deemed necessary) for a period of five (5)
years. Such visits may be scheduled in advance or unscheduled as determined by the CD Division
or U.S. HUD.
9. Audits and Inspections:
At any time during normal business hours and as often as the CD Division, the City, U.S.
HUD, or the Comptroller General of the United States may deem necessary, there shall be made
available by the agency to the CD Division, the City, U.S. HUD, or the Comptroller General for
examination all its records with respect to all matters covered by this Agreement.
The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to this Agreement. The City will require the Agency to submit a single audit,
including any management letter, made in accordance with the general program requirements of
OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end
of any fiscal year covered by this agreement in which Federal Funds from all sources are expended.
The audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the
City's approval. In the event the Agency is exempt from having an audit conducted under A-133,
the City reserves the right to require submission of audited financial statements and/or to conduct a
"limited scope audit" of the agency as defined by A-133.
10. Increased Availability:
The intent and purpose of this Agreement is to increase the availability of the Agency's
services to the community and to maintain and improve the existing housing inventory for
developmentally disabled adults residing in the City of Delray Beach. This Agreement is not to
substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees
to maintain a level of activities and expenditures, planned or existing, for projects similar to those
being assisted under this Agreement which is not less than that level existing prior to this
Agreement.
11. Conflict Of Interest Provision:
The Agency agrees to abide by and be governed by OMB Circular A-Il0 pursuant to
conflict of interest. The Agency further covenants that no person who presently exercises any
functions or responsibilities in connection with the CDBG Project, has any personal financial
interest, direct or indirect, in the activities provided under this agreement which would conflict in
any manner or degree with the performance of this Agreement and that no person having any
conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of
interest on the part of the Agency or its employees shall be disclosed in writing to the CD Division
provided, however, that this paragraph shall be interpreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
12. Citizen Participation:
The Agency shall cooperate with the CD Division in the implementation of the Citizen Participation
Plan by establishing a citizen participation process to keep residents and/or clients informed of the
activities the Agency is undertaking in carrying out the provisions of this Agreement. Appropriate
representatives of the Agency shall attend meetings and assist in the implementation of the Citizen
Participation Plan, as requested by the City.
13. Suspension and Termination:
If through any cause the Agency shall fail to fulfill (or materially comply in accordance with
24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency
shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall
thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving
written notice to the Agency of such termination or suspension of payment and specify the effective
date of termination or suspension.
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon
termination, the City shall pay the subrecipient agency for services rendered pursuant to this
Agreement through and including the date of termination. The Agreement may be terminated for
convenience in accordance with 24CFR 85.44.
In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
· 14. Leveraging:
The Agency agrees to seek additional supportive or replacement funding from at least two
other funding sources (during the time frame covered by this agreement). This will allow, to the
greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be
made in writing and a copy of such provided to the CD Division.
15. Independent Contractor:
The Agency agrees that, in all matters relating to this Agreement, it will be acting as an
independent contractor and that its employees are not City of Delray Beach employees and are not
subject to the City provisions of the law applicable to City employees relative to employment
compensation and employee benefits.
16. Public Entity Crimes:
By entering into this contract or performing any work in furtherance hereof, the contractor
(subrecipient agency) certifies that it, its affiliates, suppliers, contractors, subcontractors and
consultants who will perform hereunder have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a).
17. Counterparts of This Agreement:
This Agreement contains all of the parties binding representations to one another. Any
amendment or modification hereto must be in writing and is contingent upon approval by the
Community Improvement Director.
Agency/Subrecipient: The Arc
gned By:,~,/uthor~ ~ial (""~ '/'~' d~f-~~~
Si
WITNESSES:
CITY OF DELRAY BEACH, FLORIDA
Signed By:
Jay Aiperin, MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
Memo
To: David Harden, City Manager
From: Lula Butler, Director, Community Improvement
Date: February24, 1999
Re: Approval of Change Order Request for Housing Rehabilitation Project #95-007SHR
ITEM BEFORE THE COMMISSION:
City Commission consideration and approval of three (3) change orders to Housing
Rehabilitation Project #95-007SHR funded under the City's State Housing & Initiative (SHIP)
Program.
BACKGROUND:
City Commission approved the original bid award for this project at the regular meeting of
January 5, 1999. The bid was awarded to the Iow bidder (including a 5% contingency), for
$21,857.21. The Housing Rehabilitation Inspector has determined that there is additional
work required to bring this single-family unit up to standard condition. The house, originally
constructed in 1925, is a two-story, wood-frame stucco unit with severe plumbing, electrical
and structural deficiencies. The removal of existing walls has identified additional code
deficiencies that must be corrected.
We are requesting approval of the change orders addressing three (3) specific problems
totaling $11,498.18, increasing the contract to $33,355.39. The revised project cost will
exceed the $25,000 maximum established for housing rehabilitation projects. The detailed
changes are attached for your reference. The rehabilitation work is on hold pending the
approval of the change orders.
RECOMMENDATION:
Staff is recommending City Commission approval of the change orders increasing the
contract price from $21,857.21 to $33,355.39 for Housing Rehabilitation Project #<35-
007SHR. Funds are available from the designated SHIP program.
Date: February 25, 1999 Agenda Item No. ~ ~
AGENDA REQUEST
Agenda request to be placed on:
X__ Regular __ Special __ Workshop __ Consent
When: March 2, 1999
Description of Agenda Item:
Approval of Change Order Request for Housing Rehabilitation Project # 95-007 SHR
Ordinance/Resolution Required: Yes (~ Draft Attached: Yes ! No
Recommendation: Commission Approval
Department Head Signature:
City Attomey Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~/No ~ .~ cu~c6~
Funding Alternatives.'--- (if applicable)
Account # & Description: SHIP Program 118-1924-554-49.19
Account Balance: $73,997.49 O~ q:LS, jqq
City Manager Review:
Approved for agenda: ~/No ~
Hold Until: ·
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
02/05/1999 14:15 5~,12437221 CTTY OF DELRA¥ Bff=ACH PAGE 02
Communlf~y Development Block Gra~'tt:
liousin9 Rehablll~ation
Change Order
Change Order Number 3 Dato Feb. '5, 1 999
Con'hractor~ Dakota Constructiont Inc,
Contrac%or'. Mailing Addr. sa: 4731 W. Atlantic Avenue
ne±ray ~eacn, Fi 33445"
Nomeowner/applicaat: Henry and Patricia W. Crisanti
2i6 bE ]st Avenue, Deira~ be'&ut~, Fl.
ProJec~ Addreuo: Same as above
In connection with our Contract dated January 11, 1999 ,
in accordance with ~ect~on [08, Change; In The wo£k O~ The
%ner[ Condltio~e,a~:e approved a~ follows~ -
e uo new e~ecEr,~serv~ce, we muse cut all
inter~or wali'~ necessar~ ~b place electric w~r~ng
in' th~"walls per Cod~ '~d 'finish and DA'tch to
match- existing (plaSter). ..'.
Sub~ec~ to coBdl~lo~u here~auft~r se~ ~o~%h,
meat of ~he con,fac% prlce and the con%tact
as ~ollowu ~
Adjusted Pric.: $1 ,267.50
T~me:
The condltlomu ~a0t above r~gerred to ~re as f~low~
A. The aforementio~ed change and work
sub~ect to all c0n~rac~ u~lpula~lo~ and covenants;
B. Tho r~ght~ of 'th~ ~nor are no% pr~J~d~cod; and
~'~ " / ~Tt ~/ ~
APPRO~D BY1
Clt~ Manager
R~ f: change
02/05/i999 14:15 5612437221 CITY OF DELP~Y BEACH PAC.~ 02
Community Development IIlock Grant
Housing Rehabil. lt. at:£on
Change Order
F! Le ~'
Change Order Numbe: 2 Date Feb. '5, 1999
Contractor: Dakota Construct±on, ]:nc..
Cont~:actor'u Hailing Addrela.' 4731 W. Atlantic Avenue
ue~ra¥ ~eacn, r'i. 33445 ~'
Homeowner/Applicant: Henry and Patr±c±a W. Cr±santi
2i6 ~E i$~ Avehue, belray ~e~ch, Fl.
ProSe~ add~esa~ Same as above
~n connection with our Contract dated January 11, 1999 .
ltl accordance with Section ,[05, Chanqeg In The Work 01~ The
O.eneral_Con.dlt. lone,are app.roved aa {ol!owo,:
new e~eccrzc per .cone comp±ece nouse $9~506.25
New Permit. ' lq0_ 50
AdJusbed Prlcol $7 ~ 982.50
Time:
The conditions ~a0t above regerred to ars
A. change and work ai~ected
The
aub~ec: :o a~l contract at,puPations and co~enan~
a. Tho rights of the ~nor a:e not preJudlced~ and
C. All clalmu against the ~ner which ore incidental to
: sat/ailed. '
Cl~y ~anage~
Ref ~ change
14:15 5G12437221 CITY OF ]:)EL.RAY EF_AO-I PAC..~E 82
Community Development Block Grant
]iouglng Rehabilitation
Change Order
Change Order Number I Date Feb. '5, 1999
Contractor, Dakota Construction, Inc.
Contractor'e Mailing Address: 4731 W. Atlantic Avenue
Suite B-14 _
ue±ra¥ ~eacnr ~i. 33445
Horn.owner/Applicant: Henr~ and Patricia W. Crisanti
~6 ~E ]s~ Avehue,~ ~izay Be~ch, Fl.
Pro3ec~ add~eo~ Same as above
In connection with our Contract dated January 1 1, 1 999
in accordance with section 108, Changes In The work 0Z The
enera! Co~dit~ons~are al~urove~ aS [ollow6~ '
emoval o~ old roo~ deck& trusses & ledger beams.
Cut i hoIes in 'stucco ~i1 fo~ insp~ctiQ~ holes'
~ub~ec~ to cond~t~on~ horeinaf~r sGt ~o~th, an ~itabl~ adJuG~-
merit of the contract price and ~he contract
as follows ~
Adjusted Price~ $3,289.00
Time:
The condition, laot above re~erred to ars as
A. The aforementioned change and work a~ted there~ ~e
subject to all contract stipulations ~ covenant;
B. Th~ rights of 'th~ ~nmr a~e not pr~Ju~c~d; and
Date: Feb. 5~ ~99
When ad~uoted contract amount exceeds
AP~RO~D
2~ Date:
· ~. City Manager
Rgf =change
ME M 0 RAND UM
TO: David Harden, City Manager
FROM: Charles L. Bender itl, Community Developmen~ Coordinator
THRU: Lula Butler, Community Improvement Director
DATE: December 11, 1998
SUBJECT: CONSENT AGENDA
State Housing Initiatives Partnership Program (SHIP) Rehabilitation of
One Owner Occupied Unit.
ITEM BEFORE THE COMMISSION
This is to request approval for one Housing Rehabilitation Gr~at Award through the State
Housing Initiatives Parmership program (SHIP). This request is in accordance with the
City's approved Housing Assistance Plan developed for the SHIP program between the
City and the Florida Finance Corporation.
BACKGROUND
The grant award is based on the actual cost of the rehabihtaticn as determined by the low
bidder plus a 5% contingency. The contingency may be used for change orders and all
unused funds remain with the SHIP grant program.
As required by the SHIP program, we will obtain a promissoE,- note from the homeowner
and record it in the public records of Palm Beach County.
Inspection of work is done by the Deparmaent of Communi..-:y Improvement's Building
Inspection and Community Development Divisions. Contrac~ are executed between the
building contractor and the property owner. The City remains the agent and this office
monitors all work performed by the contractor ensuring compliance according to
specifications and program guidelines. Pay Request forms r~luire both contractor and
homeowner's signatures. The grant recipient has met all eli~bility requirements as
specified in the approved Policies and Procedures.
The rehabilitation activity Will bring the homes to minimum code requirements by
repairing roofs, electric and plumbing systems and correcting other incipient code
violations.
Detailed work write-ups and individual case files are available for review at the
Community Development Division Office.
RECOMMENDATIONS
Staff recommends awarding the bid for one Housing Rehabilitation project to the verified
low bidder and authorizes the award of the appropriate grant through the SHIP program.
One hundred percent (100%) of total funds will be charged to the SHIP account for the
following:
Case Number Address Contractor Grant Amount
95-007 SI-IR 216 SE 1st Avenue Dakota Construction, Inc. $21,857.21
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM ~.~-REGULAR MEETING OF MARCH 2, 1999
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: FEBRUARY 25, 1999
Attached is the Report of Appealable Land Use Items for the
period February 16th through February 26, 1999. 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 the appealable actions for the period stated.
Receive and file the report as appropriate.
ref:apagmemo
o^w C'.,,"
THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNING AND ZONIN
FROM: JASMIN ALLEN, PLANNER/~/~ ~
SUBJECT: MEETING OF MARCH 2, 1999 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 16,
1999 THRU FEBRUARY 26, 1999
The action requested of the City Commission is that of review of appealable
actions which were made by various Boards during the period of February 16,
1999 through February 26, 1999.
This is the method of informing the City Commission of the 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 provides 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 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.
No appealable items were considered by the Board. The following items which
were considered by the Board will be forwarded to the City Commission for
action.
· Recommended approval (6 to 0), of the North Federal Highway
Redevelopment Plan.
City Commission Documentation
Appealable Items Meeting of March 2, 1999
Page 2
Recommended on a 6 to 0 vote the initiation of Comprehensive Plan
Amendment 99-1.
· Recommended approval (6 to 0), of a rezoning from A (Agricultural) to RM -8
(Medium Density Residential with a density suffix of 8 units per acre) for a
parcel of land located on the north side of Old Germantown Road,
approximately 1,300 feet west of Homewood Boulevard and immediately east
of Spanish Wells Condominium.
Recommended approval (6 to 0), of an amendment to the Land Development
Regulations Section 4.6.3; Section 5.3.1; Section 6.1.2 and Section 6.1.4
regarding infrastructure improvement obligations.
· Recommended approval (6 to 0) of an amendment to the Land Development
Regulations Chapter Three "Performance Standards" regarding required
findings for land development applications.
A. Approved (4 to 0, Shutt and Fowler absent, Perez-Azua arrived late), a
request for a color change for Priest Commercial Building, located at the
nd st
northeast corner of SE 2 Street and SE 1 Avenue.
1. Approved (5 to 0, Turner stepped down and Diggans absent), a request for a
Certificate of Appropriateness for the demolition of a four-unit apartment
building located at 115 SW 1st Avenue. The structure is proposed to be
converted to 6 hotel units associated with the Sundy Inn and will be
reconstructed from the foundation up. Concurrently, the Board granted a
variance for the required front building setback from 25' to 6' 2", which mirrors
the existing building footprint..
2. Approved (6 to 0), a request for a Certificate of Appropriateness for two wall
signs on the north and west elevations of M & J Saveway Market, located at
the southeast corner of Martin Luther King Jr. Drive and NW 5th Avenue.
By motion, receive and file this report.
Attachment: Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting-
MARCH 2, 1999
L-30 CANAL
r' ..................... ';-' ...........
!
~....... F ...... - ....... _F ..... -i. ~.w. ~ sr
~ ....h~-I I
~_....L ..... ..~ J
L,
L ..... ~
L~B ~ ~15 C~
A. PRIEST COMMERCIAL BUILDING f. SUNDY INN (fi3 &W. fST A ~.) ......... CIWLlalTS .........
2. M & J SA ~WA Y MARKET
I ONE MILE
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
1999
- - DIGITAL BASE UAP SYSTEM - -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY blg2XlAGER~
SUBJECT: AGENDA ITEM Of 7 - REGULAR MEETING OF MARCH 2, 1999
AGREEMENT FOR SEWER IMPROVEMENTS/BOCA-DELRAY VETERINARY
CLINIC
DATE: FEBRUARY 26, 1999
This is before the City Commission to approve an agreement for
sewer improvements associated with the addition to the
Boca-Delray Veterinary Clinic located on the east side of
Military Trail at Jefferson Road. The clinic is not required to
extend the sewer main as part of its development approval, but is
willing to participate in the installation.
The agreement essentially states that the City will provide
construction materials (i.e. pipe and manholes) while the animal
hospital (as developer) will be responsible for the installation
of the materials and any restoration associated with the
construction activities. The materials will be purchased off
state or county contracts which have been publicly bid. The
total amount of materials is not to exceed $9,000.
The benefit to the City is that the sewer main will be in place
to accommodate future service along Jefferson Road. The
veterinary clinic will benefit by installing the sewer main at
the same time the addition is constructed, thereby avoiding
additional disruption of business in the future.
Recommend approval of the development agreement for sewer
improvements at Boca-Delray Veterinary Clinic.
ref:agmemo9
AGENDA REQUEST
Agenda Item No. ~'
Date: February 25, 1999
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: March 2, 1999
Description of item (who, what, where, how much): Staff requests
Commission approval of an Agreement for Sewer Improvements at Boca
Delray Veterinarian Clinic. This agreement is for participation by the
City for the extension of a sewer main, which is not required for the
Clinic but will be beneficial to the City for future extension of the
sewer main. The Veterinarian Clinic will also benefit by installing the
sewer main at this time and avoiding disruption of business due to
construction in the future. The agreement essentially states that the
City will provide materials i.e. pipe and manholes while the Developer
will be responsible for the installation of the materials and any
restoration associated with the construction activities. The materials
will be purchased off State or County contracts, which have been
publicly bid. The total amount of materials is not to exceed $9,000.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recom~er~s approval of ~t~greement.
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. & Description
Account Balance
City Manager Review:
ApprovedHold Until: for agenda: ~NO ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s: \EngAdmin\ Projects \97 k 97-005\OFFICIAL\AG102098. DOC
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden
City Manager
FROM: Dan Beatty, P.E. ~~
Deputy Director o Utilities
DATE: February 24, 1999
SUBJECT: Sewer Improvement Agreement
Boca Delray Veterinarian Clinic
Attached is an Agenda Request along with a copy of the proposed agreement for Sewer
Improvements for Boca Delray Veterinarian Clinic. This agreement is for participation by
the City for the extension of a sewer main, which is not required for the Clinic but will be
beneficial to the City for future extension of the sewer main. The Veterinarian Clinic will
also benefit by installing the sewer main at this time and avoiding disruption of business
due to construction in the future. The agreement essentially states that the City will
provide materials i.e. pipe and manholes while the Developer will be responsible for the
installation of the materials and any restoration associated with the construction
activities. The materials will be purchased of off State or County contracts, which have
been publicly bid.
Please place this item on the March 2, 1999 Agenda for consideration by City
Commission.
CDB/cdb
cc: Richard C. Hasko, P.E., Director of Environmental Services
City Clerks Office
C:13~fy Documents\ageemnt. doc
-02/25,~99 FRI !1:$6 FA~ ~61 27~ 4755 DEL BCH CTY ATT¥ ~001
BOCA DELRAY ANIMAL CLINIC
DEVELOPMENT AGREEMENT
THIS AGREEMENT entered into this .___ day of
by and between nbc CITY OF DELRAY BEACH, a Florida municipal corporation,
(hereinafter referred to as CITY) and
(hereinafter referred to as DEVELOPER), provide as follows:
WHEREAS, the DEVELOPER is developing Re property as shown in Exhibi~
"A"; and
WHEREAS, wamr anti sewer inf:¥astrucmre already exist adjacent to the
property; and
WHEREAS, ~he CITY plans to construct a sewer main extension from North to
South across t~e property at some point fn time in the future to service residents on
Sefferson Road; and
WHEREAS, k is in the DEVELOPER's bes[ interest to have the sewer main
extemion constructed during ~e same time period of the developmen[ of the property
so that the DEVELOPER'z improvements are not disturbed at a later clare; and
WHEREAS, under City Ordinances the DEVELOPER would not be required
to construct the sewer main extension, however, the DEVELOPER has ag~'eed to
constract and install the sewer main extension at this time if the CITY purchases the
mamrial for the construction; an~l
WHEREAS, the martials provided by the CITY s!mll be acquired pursuant to
purchasirhg policies of the CITY; and
.02/26/99 FRI 11:$6 FAX ~§[ 278 47~$ DEL BCE CTY ATTY
WI-IEREAS, it is in the best interest of the CITY to enter into this Agreeme~i
at this ti~ue, thereby, saving ~e cost and expense of the cons~ction and installation of
· e sewer ma~ extension,
NOW, T~FO~, m comidet~tion of rh~ pr~ses ~nd coven~ts herein
provided, DE.LOPER he.by agrees to install and core.ct ~ sewer m~in
extension and CITY ~reby a~eea to purchase th; m~t~r[al necessary for the sewer
~min extension, pursuant to ~e terms of ~is Agreemem.
1, The above-sm~d recitals ~re inco~oratcd h~rein as if ~Ily set forth
~ein,
2. The quanti~y ~ ty~ of me.rial [hat will be purchased by the CITY
will ~ b~ed on engineering plans a~ drawings provided by the DEVELOPER
submitted to and approv~ by ~¢ CI~. T~ CITY shall only purchase [~t mater~al
necessary ~br ~e sewer main ;xtension.
3, Th~ C~Y s~ll have ~e materials shipped to ~e DEVELOPER at a
location s~ctfied by the DEYELOPE~. Once received by
C~Y shall no longer bc r~onsible for ~ materials. If rh~e is any bre~ge or [her
of ~e ma;eriaI~ on~ received by ~c DEVELOPER, [he CITY shall not r~lace or
mimb~se ~e DE~LOPER for [hose materials. If for any reason,
defect ~ the ma[erials, ex~a material is needed beyond the oriEinally r~qu~ed amount,
the DE~ELOPER shall be responsible for providi~
the CITY for ~e purchase of ~e material shall ~t exce~ ~e thousand doll.s
($9,~0.~) under ~y circ~st~ces,
.02/2§,"9fl FRI 11:$7 FAX gl1 27~ 475S DEL BCM CTY ATTY ~003
4, The CITY will not issue a Certificate of Occupancy for the development
until the sewer main extension is completed, finalized and accepted by thc CITY.
5. All restorations of the area affected by the sewer main extension shall be
the responsibility of ~e DEVELOPER,
6. DEVELOPER shall pay all sales, consumer, use and other similar taxes
required to be paid i.n accordance with the laws, ordinances and regulations of the place
of the development which are applicable during the performance of the work,
7. DEVELOPER warrants aM guarantees to the CITY Chat al1 work on the
sewer main extension shall bc constructed in accordance with the applicable codes of
the City of Delray Beach. The DEVELOPER's warranty and guarantee shall remain
in effect for one year from thc dam of final acceptance. Unremedied defects identified
for correction durh~g the warranty/guarantee period but remaining after its expiration
shall be considered as part of the obligations of Re guarantee and warranty. Defects in
the installation or construction of the sewer main extension, which are remedied as a
result of obligations of the warranty/guarantee shall subject the remedied portion of the
work tn an extended warranty/guarantee p~riod of one year after the defect has been
remedied. DEVELOPER shall deliver this agreemen£ to its Surety. The Surer),' shall
be bound with and for the DEVI~LOPER in the DEVELOPER'S faithful observance
of thc 8uarantee.
8, DEVELOPER shall provide performance and payment bonds~ each in
an amount at least equal to the cost of the installation or construction of thc sewer main
extension. These bonds shall remain in effect at feast until one year after the date of
-t)2~26~99 Fg.I 11:$7 FAJ[ g$1 ~78 4755 DEL BC~ CTY ATTY ~0~4
final acceptance of the project by the CITY. Tl2e form and conditions of the Beads and
Surety shall be acceptal~le and satisfactory to thc CITY. If the Surety is declared
bankrupt or becomes insolvent the DEVELOPER shall, within 5 days, substitute
another bond anrl Surety. If the DEVI~.LOPER is declared bankrupt or becomes
insolvent then the CITY may make a claim on the performance bond to finish the
construction of' the sewer main extension.
9, DlgV~LOPER, shall ir~demnify and hold harmless and defend th~
CITY, its employees, agen~ and office~s fxom and against any an~t all damage, loss, of
whatever kind, arising from the construction or installation ~>f the sewe~ main
extension, including, but not limited to reasonable atv~rncy's fees and costs at 'the trial
and appellate levels.
I0. DEVELOPER or its contractor shall maintain worker's ¢ompensation
insurance in amounts required by law and general liability insurance in thc amoun~ of
one hundred ~housand dollars ($100,000.00) governing bodily injury and propel~
damage in standard fo~m, insuring CITY a,q additional named ~usured.
11. An)' claims, lawsuits or disputes that may arise uncler this Agreemenl
shall be governed by thc Laws of Florida, with venue in Palm Beach County, Florida.
12. This Agreement constitutes the entire agreement and understanding of
the parties, as it pcrtaim to the comtmc~ion or Installation of sewer main extension.
There are no representatiotu o~ understandings of any kind not set forth herein Any
amendments to this Agreement must be in writing and executed By both parties.
02t'20/99 PRI 11:$$ FAX $01 2?8 4?$,5 DEL BCI~ CTY ATTY [~00B
IN WITNq!$$ WHEREOF, the parties hereto have entered into this Agreemem
as of the clay and year tim above written,
ATTEST: CITY:
CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor,/ay Alperh~
Approved as to Form:
City Attorney
DEVELOPER:
WITNESSES:
By:
Name:
(Name Primed or T)ped) Title:
(Name Primed or Typed)
STATE OF
COUNVFY OF
.The foregoing instrument was aclc~owlcdged before me this __ day of
., i 99__, by , as
(name of officer or agen% 6t1¢ of officer or agen0, of
(name of co~7oration acknowledging), a
(state or place of incorporation) corporation, on behalf of thc
corporation. He/She is personally known to me or h~ ~roduced
(type of idemification) as identification.
Signature of Notary Public
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~"~CITY M32XlAGER
SUBJECT: AGENDA ITEM~f-f-- REGULAR MEETING OF MARCH 2, 1999
AWARD OF BIDS AND CONTRACTS
DATE: FEBRUARY 26, 1999
This is before the City Commission to approve the award of the
following bids and contracts:
(1) Purchase award in the total amount of $14,676.00 to Krings
Trench Shoring for the purchase of one (1) trench shoring
box and one (1) bedding rock box with a pull and lift bar
for use by the ESD Construction Division, with funding from
441-5145-536-64.90 (W&S Construction Services - Other
Machinery/Equipment).
(2) Contract award in the amount of $43,794.00 to Colonna
Construction Company, Inc., as the lowest responsive bidder,
for construction of a sidewalk on the west side of State
Road A1A between Ingraham Avenue and Miramar Street, with
funding from 334-3162-541-63.11 (General Construction Fund -
Bikepaths/Sidewalks).
(3 Purchase award in the total amount of $43,414.00 to Gateway
2000 for the purchase of eighteen (18) replacement computers
for the Environmental Services Department. Pricing is per
Florida State contract, with funding from 442-5178-536-64.11
(W&S Renewal & Replacement/Computer Equipment).
(4 Purchase award in the total amount of $44,859.00 to Gateway
2000 for the purchase of eighteen (18) replacement computers
and one (1) new computer for various divisions in the Police
Department. Pricing is per Florida State contract, with
funding in the amount of $42,498.00 from 334-6112-519-64.11
(General Construction Fund - R&R Computer Equipment) and
$2,361.00 from 001-2113-521-64.11 (Police Support Services -
Computer Equipment).
(5 Bid awards for replacement of City vehicles from various
vendors under Florida Sheriff's Association contract as
specified in Attachment "B", State of Florida contract as
specified in Attachment "C", and City of Ft. Lauderdale
contract as specified in Attachment "D", at a total cost of
$692,435 with funding from City Garage Account
501-3312-591-64.20.
Recommend approval of the bid and contract awards listed above.
ref:agmemo8
Agenda Item No.: ~/
AGENDA REQUEST
Date: Feb. 22, 1999
Request to be placed on:
~onse~at
xx meg~-~ Agenda Special Agenda Workshop Agenda
When: March 02, 1999
Description of agenda item '(who, what, where, how much):
Purchase Award - Purchase of one (1) trench shoring and one (1) bedding rock 'box
with a _pull and lift bar from KrinKs Trench ShorinK at a total amount of $14~676.00
for the Construction Division per proposals received.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low bidder~ Krin~@ Trench Shoring for the purchase of
one (1) trench shorin§ and one (1) beddinK rock box with a pull and lift bar at a
total amount of $14~676.00.
Fundin~ from account code 441-5145-536-64.90 (ESD Construction Other Machinery and
Eq,,~pment>.
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: ~ NO
Funding alternstives?- (i ~'/~
f ~pli. cabl~)
Account No. '& Description:
Account Balance: ,~ \~; ~__
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordihator ReView:
Received:
Action: Approved/DisapProved
MEMORANDUM
TO: David Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor ~
FROM:
THROUGH: Joseph~inance Director
DATE: February 22, 1999
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
MARCH 02, 1999 - PURCHASE AWARD
PURCHASE OF TRENCH SHORING AND BEDDING ROCK BOX
FOR THE CONSTRUCTION DIVISION
Item Before Commission:
City Commission is requested to approve the purchase of one (1) trench shoring and one (1)
bedding rock box for the Construction Division from Krings Trench Shoring at a total amount of
$14,676.00.
Background:
The City of Delray Beach Construction Division requests the purchase of one (1) trench shoring
box to provide trench slope safety for deeper utility cuts and one (1) rock box with a pull and lift
bar to consolidate the storage of pipe bedding rock material which is currently stockpiled on the
job. This rock box can be moved as the pipe installation progresses which will increase
productivity, reduce waste and expedite housekeeping / cleanup.
Proposals were received from three (3) vendors and are attached for your review.
The Deputy Director of the Construction Division recommends award to low bidder, Krings
Trench Shoring at a total amount of $14,676, which includes freight. See attached memo dated
February 17, 1999.
Recommendation:
Staff recommends the purchase of one (1) trench shoring box and one (1) rock box to Krings
Trench Shoring for a total amount of $14,676. Funding from account code 441-5145-536-64.90
(ESD Construction Other Machinery and Equipment).
Attachments:
Proposals Received
Memo From Deputy Director of Construction
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: Jackie Rooney
Senior Buyer
FROM: Howard Wight ,ff/q
Dep. Dir. of ~~tjon
DATE: February 17, 1999
SUBJECT: Purchase Order for Trench Shoring and Rock Box
Krings Trench Shoring (Req # 69007)
Please place the proposal from Krings Trench Shoring on the next Commission agenda for
Purchase Order approval. It includes the purchase of a 8' high x 16' long trench box with
one set of 48" spreaders and one set of 96~' spreaders for width adjustment based on
application. The shoring box will provide trench slope safety for deeper utility cuts. It
will also minimize the size of the excavation in the deeper cuts which will increase
productivity and reduce restoration.
Also included is the purchase of a bedding rock box with a pull and lif[ bar. The rock box
will consolidate the storage of pipe bedding rock material stockpiled on the job. Currently
the rock is stored in piles on the job. The box can be moved as the pipe installation
progresses. Utilization of this box will increase productivity, reduce waste and expedite
housekeeping/cleanup.
Three proposals were received for the above (see attached). They are as follows:
1) Krings Trench Shorings $14,676.00
2) Plank $15,648.45
3) D & J Industrial Steel $18,591.00
Funding is per Acct No. 441-5145-536-64.90 (ESD Const Other Machinery and
Equipment)
CC: Dick Hasko
File: Memos to Purchasing
s: engine/letters/howard/req69007, doc
,~s~-TF~--'3255 KRINGS TRENCHSHORING PAGE
I 'C"
S.W. 1mt Terrace ° 'Fort Lauderdale, FL 33315
~g-110~ Toll Free · (954)768-g292 Phone · (954)768-9255 Fax
Quote
Spencer Britt
City 0fDelray Beach
Environmental Services Depariment
561-243-7314 fX
john Perdew
FebrUary' 2;. 1999
Price for Trench BOx (8"H x 16"L) and Rock Box (9 yard)
- Trench Box 8'H x ~ 4" Wall
$6960.00
Foam Filled
Weight: approx. 7500 Ibs...
Set'of48" Spreader Bars $512.00
(1 set consists of 4 spreader bars)
Set: of 96" Spreader Bars $1024.00
(1 set consists of 4 spreader bars)
- Stone BOx $4680.00
includes a pull end'.lift bar
Weight: approx. 5700 lbs.
Freight $1500.00
~rice for a set of 96" Spreaders (8 feet long, 4 spreader bars In
is good for a period of 30 daYs.
Feb-01-99 11:23A D&J I~'dustrial Steel 201 337 0360 P.01
D&J INDUSTRIAL STEEL
D/B/A BID# 5133
SHORING INTERNATIONAL SPENCER BRITT
MR.'
PHONE 561-243-7204
FAX 5S1-24.3-731 4
45 EDISON AVE.OAKLAND, NJ 07436 DATE 1/29./9g~
PHONE: (201) 337'-2233'
FAX: (201)337-1506 & (201) 337-0360
CITY OF DEL RAY BEACH JOB SITE'
TO'
SALESPERSON SHIP DAI'E SHIPPED VIA F.O.B, I=OIN't' T~MS
DOMINICK
QU ANTll'Y DESCRIPTION WEIGHT UNIT PRICE TOI'AL
I 5 ADW 8 X 16 C15' 3000~/ $1 0,638.00
t PIPE SPREADERS @36" M.P.S-. $,3gQ,,OD
I PIPE SPREADERS @72" M.P.S, $620.00
TOTAL:
Feb-02-99 11:21A D&J I~dustrial Steel 201 337 0360 P.02
D&J INDUSTRIAL STEEL
D/B/A BID# 5134
SHORING INTERNATIONAL SPENCER BRITT
MR:
PHONE 561-243-7304
FAX 561-243-7,314
45 EDISON AVE.OAKLAND, NJ 07436 DATE 2/2/99- ..
FAX: (201)337-1506 & (201) 337-0360 ~' '
TO' CITY OF DEL RAY BEACH JOB SITE' /
/
SALESPERSON SHIP DATE i SHIPPED VIA 1 F.O.B. POINT TE1RMS
DOMINICK I J OAKLAND, NJ
QUANTITY DESCRIPTION W FJ GHT UNIT PRICE TOTAL
1 HRB-9 H.D. ROCK BOX $5580.00
FREIGHT: $1363.00
TOTAL:
V/SA
Agenda Item No.:~''~,9
AGENDA REQUEST
DATE: February 22, 1999
Request to be placed on:
x Regular Agenda
~ Special Agenda
~ Workshop Agenda
When: March 2, 1999
Description of item (who, what, where, how much) Award of the contract to Colonna Construction
Company, Inc. in the amount of $43,794.00 for the Sandoway Park Marine Education Facility S.R. A-1-A
Sidewalk Improvements, Project #95-050. The funding for this project will be provided from the following
account:
Fundinq Source Account Number Amount
Sidewalks 334-3162-541-63.11 $43,794.00
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of Project No. 95-050 Sandoway Park Marine Education
Facility S.R. A-1-A Sidewalk Improvements to Colonna C~struction Company, Inc. with a bid in the
amount of $43,794.00. //~ ~
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 '~0
Funding alternatives (if applicable) .
Account No. & Description ,.32,~ - 31(~,~ -,_~.~] 4~a,3,/]
Account Balance ,,~ /30, o~,~,~,r~ ~ ~2' ~/~ ~9 ~ -~
City Manager Review:
Approved for agenda: ~NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file 95-050(A)
projects/95-050/contract/agenda.doc
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Randal Krejcarek, P.E. City Engineer/~?~.~-~,~/?
FROM: William A Grieve, Civil Engineer 0]~ ~
DATE: February 23, 1999
SUBJECT: Agenda Request for Sandoway Park Marine Education Facility S.R. A-
1-A Sidewalk Improvements
Project No. 95-050
Attached is the agenda request for Commission to award the Sandoway Park Marine Education Facility
S.R. A-1-A Sidewalk Improvements contract. The proposed sidewalk is located on the West Side of $.R.
A-1-A between Ingraham Avenue and Miramar Street (see attached map). This sidewalk will provide safe
pedestrian access to Sandoway Park and Sandoway Park Marine Education Facility.
The work generally consists of Construction of approximately 700 linear feet of 5 feet wide concrete
sidewalk, 600 square feet of concrete drive aprons, 650 linear feet of Type "F" Concrete Curb and 500
square yards of St. Augustine Sod. This project also includes clearing and grubbing and maintenance of
traffic within FDOT right-of-way.
The City opened bids for this project on February 10, 1999, the lowest bidder was Dakota Construction with a
bid of $34,691.83. In Lieu of submitting the required Bond with their bid Dakota Construction submitted a
Cashier's Check. At that time Dakota informed the City they may have trouble obtaining a Bond prior to start
of the project. Upon verifying the validity of their bid, in was apparent that they had made a couple of errors
in their bid tab. We then met with representatives of Dakota to discuss their bid and after the meeting Dakota
Construction requested that City award the job to another construction company (see attached letter).
Therefore, with Dakota Construction request to be withdrawn, the lowest responsible, responsive bidder for
this project was Colonna Construction Company, Inc. with a bid of $43,794.00. Also, attached are the bid
tabulations and Agenda Request for the referenced project.
Funding Source Account Number Amount
Sidewalks 334-3162-541-63.11 $43,794.00
If acceptable, please place this item on the March 2, 1999 Commission meeting for Commission approval.
Attachment
cc: Richard Hasko, P.E., Director of Env. Svcs.
Joseph Safford, Finance Director
file: 95-050 (A)
flle: s/engadmin195195-O501contractlagmemo, doc
City Of Delray BeaCh
434 S. Swinton Avenue
!"R'~~=- Howard
Park
%ts,
of Dakota
~::~ Bond in
-Inc.
. our
your
s to
YoUrs; .... '~'~ i~: "'=:{~2~: ~:" '~ -
4731 W. Atlantic Ave. Suite B-14 Delray Beach...FL.33445'."'_'-(800) 53,:3699 ':/;'~(56~)'49S-9400 Fax (561) 495-S010
ATLANTIC AVENUE
·
- ~" SITE
I Illlll~
LOCATION MAP
AGENDA REQUEST
Request to be placed on:
XX Consent Agenda __ Special Agenda __ Workshop Agenda
When: March 2, 1999
Description of agenda item:
Approve award to Gateway 2000 for the purchase of 18 replacement computers for the
Environmental Services Department at a total cost of $43,414.00.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Award to Gateway 2000 for a total cost of $43,414.00. Pricing is per Florida State
Contract Number 250-040-99-1. Funding will be taken from the following account codes:
442-5178-536-64.11.
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: ~'~1~ 1 q'~ No
Funding alternatives: (if applicable)
Account Number: "~'~---- ~'q ~'--~ -- ~:~, 1 \
Account Description:
Account Balance: .2
City Manager Review:
_ A
Approved for agenda: Yes ~/'l No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
PURCHASING DIVISION
MEMORANDUM
TO: David T. Harden, City Manager
FROM' Jennifer Schillace, Buyer~~'-
THROUGH: JosephqSaff~inance Director
DATE: February 24, 1999
SUBJECT: DOCUMENTATION
CITY COMMISSION MEETING -MARCH 2, 1999
PURCHASE OF REPLACEMENT COMPUTERS
FOR THE ENVIRONMENTAL SERVICES DEPARTMENT
ITEM BEFORE COMMISSION:
The City Commission is requested to approve award to Gateway 2000 for the purchase
of 18 replacement computers for the Environmental Services Department for a total
purchase price of $43,414.00.
BACKGROUND:
The Environmental Services Department is requesting authorization to purchase 18
replacement computers from Gateway 2000. The replacement computers will be
compatible with the new windows software and will rectify Y2K issues potentially existing
with the older machines.
The following quotes from Gateway 2000 have been attached for your reference:
1. E-4200 450, Quote # 50208363
This quote applies to computers for CAD operators
2. E-4200 400, Quote # 30202296
This quote applies to computers for staff
The Director of Environmental Services recommends the purchase of these
replacement computers from Gateway 2000 for a total cost of $43,414.00 per the
attached memorandum dated February 23, 1999. Pricing is per Florida State Contract
Number 250-040-99-1.
RECOMMENDATIONS:
The Purchasing staff recommends awarding to Gateway 2000 at a total cost of
$43,414.00. Funds will be taken from account 442-5178-536-64.11.
ATTACHMENTS:
Memorandum
Quotes
cc: Richard C. Hasko, P.E.,
Director of Environmental Services /~
Jacklyn Rooney, Purchasing Supervisor~ ~ ~ ,~
MEMORANDUM
TO: Jennifer Scillace, Buyer
FROM: Richard C. Hasko, P.E., Director of Environmental Services
SUBJECT: ESD COMPUTER REPLACEMENT
DATE: February 23, 1999
In accordance with the MIS work plan for upgrading the ESD LAN Windows operating
system from V.3.1 to NT, requisition #68959 has been entered in the purchasing system
for the upgrade of 18 PC's throughout the department for compatibility with the new
windows software. These upgrades will also rectify many Y2K issues potentially
existing with our older machines.
These upgrades totaling $43,414.00 were approved in the current budget with funding
from R&R Account #442-5178-536-64.11 Computer Hardware/Software.
Please prepare the appropriate agenda package for Commission approval of this
expenditure.
RCH: j em
E-4200 450 Yage
E-4200 450
GW Quote #: 50208363
Date/Time: 02/08/99 13:24 EST
Processor: Intel 450MHz Pentium Processor with
512k Cache
Memory: 256MB 100MHz SDRAM added:
US$256
Monitor: VX1100 21inch color monitor (19.7inch
viewable area) added: US$410
.... ,~,,~ /f-~Graphics Accelerator: ATI Rage Pro Turbo 8MB
' .o~'~b°~.,o----~J 2x AGP Graphics Accelerator ]3c,
t,,~/ Hard Drive: 10GB 5400RPM SMART H Ultra
/lU ATA hard drive
Floppy Drive: 3.Sinch 1.44MB diskette drive
CD-ROM: 13X min./32X max. CD-ROM drive
Case: E-Series 8-bay Mid Tower
Network Card: IBM PCI Token Ring added:
US$95
Keyboard: 104+ Keyboard
Mouse: MS IntelliMouse mouse & Gateway mouse
pad
LANDesk Software: Intel LANDesk Client
Manager Software v3.3
Operating System: Microsoft Windows NT 4.0
Service Program: Gateway Gold(SM) Service for
PCs along with Years 2 & 3 of On-Site Service
McAfee Anti-Virus Software: McAfee Anti Virus
Software
Base Price: US $2349
Configured Price: US $3110
Quantity: 1
Many Gateway products are custom
engineered to Gateway s~ecifioations,
which may vary from th. ,tail vet.ion, of
the software and/or hardware in
functionality, performance er
compatibility. Prices and configurations
are subject to change without notice or
obligation.
Prices do not include shipping and
handling or any applicable t&xes.
Sales tax, shipping & handling will ~e
collected where applicable.
http://www.gateway, com/cgi-bin/quote.pl 2/8/99
E-4200 400
GW Quote #: 30202296
Date/Time: 02/02/99 12:02 EST
Processor: Intel 400MHz Pentium H processor with
512k Cache
Memory: 128MB 100Mhz SDRAM expandable to
384
Monitor: VX700 17inch color monitor (I 6.0inch
viewable area)
Graphics Accelerator: ATI Rage Pro Turbo 8MB
2x AGP Graphics Accelerator
Hard Drive: 10GB 5400RPM SMART II Ultra
ATA hard drive
Floppy Drive: 3.Sinch 1.44MB diskette drive
CD-ROM: 13X min./32X max. CD-ROM drive
Case: E-Series 8-bay Mid Tower
Network Card: IBM PCI Token Ring added:
US$95
Keyboard: 104+ Keyboard
Mouse: MS IntelliMouse mouse & Gateway mouse
pad
LANDesk Software: Intel LANDesk Client
Manager SoRware v3.3
Operating System: Microsoft Windows NT 4.0
Service Program: Gateway Gold(SM) Service for
PCs along with Years 2 & 3 of On-Site Service
McAfee Anti-Virus Software: McAfee Anti Virus
Sof~ware
Base Price: US $1999
Configured Price: US $2094
Quantity: 1
Total Price:US $2094
Many Gateway products are ~ustom
engineered to Gateway s~ecifications,
which may vary from the retail v~rsions of
the software and/or hardware in
functionality, perform~noe or
compatibility. Prioes and configurations
are subject to chau%go without notioe or
obligation.
Prices do not include shipping and
handling or any applicable taxes.
Sales tax, shipping & handling will be
http://www, gateway, com/cgi-bin/quote.pl 2/2/99
AGENDA REQUEST
Request to be placed on:
XX Consent Agenda Special Agenda ~ Workshop Agenda
When: March 2, 1999
Description of agenda item:
Approve award to Gateway 2000 for the purchase of 18 replacement computers and one
(1) new computer for the Delray Beach Police Department at a total cost of $44,859.00.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Award to Gateway 2000 for a total cost of $44,859.00. Pricing is per Florida State
Contract Number 250-040-99-1. Funding will be taken from the following account codes:
334-6112-519-64.11; and 001-2113-521-64.11
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re~ll items involving expenditure of funds):
Funding available: Yes /~' No
Funding alternatives: (if applicable)
'
City ~ana~r
_. g
Approvod for aoenda: Yos ~[ ~o
Hold Hntih
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
PURCHASING DIVISION
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Jennifer Schillace, Buyer
THROUGH: Joseph Safford, Finance Director
DATE: February 23, 1999
SUBJECT: DOCUMENTATION
CITY COMMISSION MEETING - MARCH 2, '1999
PURCHASE OF REPLACEMENT PC'S AND ONE NEW PC FOR
VARIOUS DEPARTMENTS/DIVISION OF THE DELRAY BEACH
POLICE DEPARTMENT
ITEM BEFORE COMMISSION:
The City Commission is requested to approve award to Gateway 2000 for the
purchase of 18 replacement computers for various departments/divisions of the
Delray Beach Police Department and one new computer for the computer
operator at the Delray Beach Police Department
BACKGROUND:
The Delray Beach Police Department is in need of replacing the following
computers:
DEPARTMENT NUMBER AMOUNT REQ. ACCOUNT
DIVISION OF P.C.'S NUMBER NUMBER
Repair/Replacement
Computers
Administration Two $ 4,722 69229 33461125196411
District 3 One $ 2,361 69232 33461125196411
Investigative Division Three $ 7,083 69233 33461125196411
Support Services Six $14,166 69234 33461125193411
Communications Three $ 7,083 69235 33461125193411
District 1 One $ 2,361 69236 33461125196411
District 2 One $ 2,361 69237 33461125196411
Investigative Division One $ 2,361 69261 33461125196411
New Computer
Computer Operator One $ 2,361 69240 00121135216411
The Assistant Director, Tina L. Lunsford, recommends the purchase of these
replacement computers from Gateway 2000 for a total cost of $44,859.00 per the
attached memorandum dated February 23, 1999. Pricing is per Florida State
Contract Number 250-040-99-1.
Page 2
RECOMMENDATIONS:
The Purchasing staff recommends awarding to Gateway 2000 at a total cost of
$44,859.00. Funds will be taken from the following accounts:
334-6112-519-64.11 (18 computers); and 001-2113-521-64.11 (1 computer).
ATTACHMENTS:
Memorandum, Assistant Director
Quotes
Requisitions
cc: David Junghans, Administrative Services Director
Assistant Director, Tina L. Lunsford ~l
Jacklyn Rooney, Purchasing Supervisor
02/23/99 12:37 FAX 561 243 7816 DELRAY BEACH POLICE DEPT ~ CITY MANAGER ~002
Delray Beach Police Department
Memorandum
To: David Harden
City Manager
From: Asst. Director Tina L. Lunsfor~
Support Services Division
Date: February 23, 1999
Subject: Pu.rehase of Reulaca,'ment p.c.
In the 98/99 budget a total of 18 PC's were approved for replacement out of the Repair
and Replacemem account and 1 ~.~w PC for the Computer Operator. The following
requisitions were keyed in for your approval: 69229, 69232, 69233, 69234, 69235,
69236, 69237, 69240 & 69261.
I recommend Gateway as the vendor, purchasing offofFlorida State Contract #250-040-
99-1.
If you have any questions, I can be reached at extension 7833.
02/19/99 10:10 FAX 561 243 7816 DELRAY BEACH POLICE DEPT -~ CITY MANAGER ~002/009
Quote Generated for GP6-400 /~D/~ ~ ~3 Page 1 of 1
GP6-400
Quote Number: 60219140FLORIDA
Date/Time: 02/19/99 9:54 EST
Client Name: Tina Lunsford from Delray Beach Police Dept.
Client Phone: 561-243-7833 and Fax: 561-?,43-7816
Sales Representative: Mark Morgan
Comments:
Processor: Intel 400MHz Pentium II Processor with 512k Cache
Memory: 128MB 100Mb. z SDRAM added: US$63
Monitor'. EV700 17inch color monitor (15.9inch viewable area)
Graphics Accelerator: 16MB AGP Graphics Accelerator
Hard Drive: 10GB Ultra ATA hard drive
Floppy Drive: 3.Sinch 1.44MB diskette drive & IOMEGA Internal
ZIP Drive w/1 Zip Disks
CD-ROM: 13X min./32X max~ CD-ROM drive
Multimedia Package: GCS100 Speakers by Altec Lansing
Sound System: Integrated Sound Blaster AudioPCI 64D
Case: Mid Tower Case
Network Adapter:. Not Selected subtracted: US$63
Keyboard: 104+ Keyboard
Mouse: PS/2 Mouse and C_mteway Mouse Pad
Additional Software: McAfec Anti-Virus Software
Application Software: MS Office 97, Professional Edition, on CD
with MS Office 2000 Redemption Certific~te for a Limited Time Only
added: US$199
Operating System: Windows NT Workstation 4.0 added: US$99
Service Program: Years 2 & 3 of On-Site Service added: US$99
Power Protection: APC UPS Back-UPS 500 added: US$157
Base Price: US $t782
Configured Price: US $2361
FOB Destination
Contract g250-040-99-1
Quantity: 2
Total Price:US $4722
Pri~s and specifications are sub~lect to ahange w&thout
notioe or obligation.
Sales tax, shining & handling wiS.1 be collected where
al~plioable.
Please Print and attach this quote to your purchase order.
http://www, gw2k.corn/cgi-bin/gen_quote, pl ~
__~0~Z/19/99 10:1! FAX 561 243 7816 DELRAY BEACH POLICE DEPT ~ CITY ~IANAGER [~003/009
Quote Generated for GP6-4~0 ' ~ [STClcT ~ Page I of 1
GP6-400
Quote Number: 30219063FLORIDA
Date/Time: 02/19/99 8:22 EST
Client Name: Tina Lunsford from Dolray Beach Police Dept.
Client Phone: 561-243-7833 and Fax: 561-243-7816
Sales Representative: Mark Morgan
Comments:
Processor:. Intel 400MHz Pentium II Proce,xsor with 512k Cache
Memory: 128MB 100Mhz SDRAM added: U8563
Monitor:. EV700 17Lnch color monitor (!5.9inch viewable area)
Graphies Accelerator: 16MB AGP Graphics Accelerator
Hard Drive: 10GB Ultra ATA hard drive
Floppy Drive: 3.5inch 1.44MB diskette drive & IOMEGA Internal
ZIP Drive w/1 Zip Disks
CD-ROM: 13X min./32X max. CD-ROM drive
Multimedia Package: GCS 100 Speakers by Altec Lansing
Sound System: Integrated Sound Blaster AudioPCI 64D
Case: Mid Tower Case
Network Adapter:. Not Selected subtracted: US$63
Keyboard: 104+ Keyboard
Mouse: PS/2 Mouse and Gateway Mouse Pad
Additional Software: McAfee Anfi-V~ SoRware
Application Software: MS Office 97, Professional Edition, on CD
with MS Office 2000 Redemption Certificate for a Limited Time Only
added: U85199
Operating System: Windows NT Workstation 4.0 added: US$99
Service Program: Years 2 & 3 of On-Site Service added: US$99
Power Protection: ?,PC UPS Back-UPS 500 added: US$157
Base Price: US $1782
Configured Priee: US $2361
FOB Destination
Contract 0250-040-99-1
Quantity: 1
Total Price:US $2361
not&~ oa: obligation.
Sales ~x, shipping & hand/ing w£:~l be oolleoted where
applicable.
Plseee Print and attach this quote lo your purchase order.
http://www.gw2k, com/cgi-bin/gen quotc,pl
Agenda Item No:
AGENDA REQUEST
Request to be plac~xi on:
x Regular Agenda Special Agenda Workshop Agenda
When: 03/02/99
Description ofagendaitem (who, what where, howmuch): Commission is requested to
approve a bid award for replacement vehicle per the attached recommendation.
From the Florida Sheriff's Association Contract~ the State of Florida
Contract and from the City of Ft. Lauderdale Contract. Total cost $692,435.
Funding is available in account 501-3312-591-64.20.
ORDINANCE/RESOLUTION REQUIRED YES/NO Dra~ Attached: YES/NO
Recommendation: Recommend approval of bid award for replacement vehicles.
Determmatiqn of consistency with Comprehensive Plan: N/A
City Attomey Review/Recommendation (if applicable): N/A
Budget Director Review (required on all items involving expenditure
of funds): Funding Availabl~O
Funding alternativ .'es~
,~ ~_ (if apphcable)
Account No. & Description: t~
Account Balance: ~ {o01 ~
City Manager Review:
Approved for agenda:~S/NO
Hold until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
£1T¥ (IF OELRR¥ BERgH
DELRAY BEACH
100 N.W. 1st AVENUE ', DELRAY BEACH, FLORIDA 33444 · (561) 243-7000
AII-AmericaCity
~TO: David T. Harden, City Manager
1993
FROM: j~Robert A. Barcinski, Assistant City Manager
DATE: Februaw 26, 1999
SUBJECT: CONSENT AGENDA ITEMS # CiTY COMMISSION MEETING
MARCH 2, 1999
BID AWARD - REPLACEMENT VEHICLES
Action
City Commission is requested to approve bid awards for replacement of City vehicles per
staff recommendation.
Background
City vehicle replacements are requested on an annual basis due to age, mileage, repair
costs, or a combination of the above. Attachment "A" is a list of the vehicles being
recommended for replacement this year.
Recommendation
Staff recommends various bid awards from Florida Sheriff Association Contract, as specified in
Attachment "B", from the State of Florida Contract, as specified in Attachment "C", from the
City of Ft. Lauderdale Contract. As specified in Attachment "D". These unit costs include
various options and extended warranties on all vehicles. Not included are some option items
that we will acquire from other vendors. The total of the recommended purchases is
$692,435.
Funding is available from City Garage Account #501-3312-591-64.20 in the amount of
$698,757.
Attachments
c: Bill Darty
Hoyt Owens
PLEASE NOTE: Due to an equipment problem,
the attachments referenced in this memo
File.'u:sweeney/clgendcl could not be generated on Friday. They will
Doc.'O22d£Po. doc
be provided to you on Monday.
THE EFFORT ALWAYS MATTERS ~;~.
Printed on Recycled Paper
City of Delray Beach
Proposed
Vehicle Replacement List
FY 98-99
Attachment "A"
Line Vehicle Department Old Vehicle Current
# Assigned Vehicle Make Model ~ Year Mfg Mileage
I 9161 Fire Dept. Ford E-350 Rede . 1991 64,206
2 696 Stormwater Mnt. Johnson 600 ~r_ 1991 46,000
3 742 Parks/Rec Ford E-350 ____1_9 Passenger Van 1989 75,000
4 794 Parks Maintenan~.e PakRat F-450 Compactor 6 CY. 1991 73,500
5 724 Pompey Park Ford E-350 115 Passenger Van 1988 73,000
6 466 L.S. Maintenance Ford F-250 ~ Ton Util Body 1986 80,000
7 450 Sewer Maintenance Ford F-250 [3/4 ~on Util Body 1986 89,000
8 404 Water Dist. Ford F-250 3/4 Ton Util Body 1986 101,487
9 452 L.S. Maintenance Ford F-250 3/4 Ton Util Body 1984 77,400
10 442 Sewer Maintenance Ford F-6(~0 Flat Bed Dump 1986 23,000
11 480 Engineering GMC Jimmy Utility 1986 81,500
12 1815 Police K-9 Dodge Ram Charger ,Large Utility 4x2 1988 116,000
13 1211 Police K--~- Dodge Ram Charger ~.arge Utility 4x2 1992 89,000
14 1311 Police D1 Ford Crown Victoria 4 Door Sedan 1993 102,000
15 772 Parks Maintenance Ford F-700 Flat Bed Dump 1985 78,861
16 1215 Police D1 ' ' Ford Taurus 4 Door Sedan 1992 96,200
17 1413 Police D2 Chevy Caprice 4 Door Sedan 1994 78,236
18 1405 Police D1 Chevy Caprice 4 Door Sedan 1994 74,347
19 1403 Police D2 Chew Caprice 4 Door Sedan 1994 79,069
20 1411 Police D3 Chew Caprice 4 Door Sedan 1994 88,693
21- 1308 Police D1 -- Ford Crown Victoria 4 Door Sedan 1993 91,500
22 141-4 Police D3 Chevy Caprice 4 Door Sedan 1994 108,862
23 1412 Police D1 Chew Caprice 4 Door Sedan 1994 93,000
24 1409 Police D2 Chevy Caprice 4 Door Sedan ~__1994 99,224
25 1408 Police D1 Chew Caprice 4 Door Sedan[ 1994 94,541
26 1404 Police D3 Chevy Caprice 4 Door Sedan 19941 87,867
City of Delray Beach
Proposed Vehicle Replacement List
FY 98-99
Attachment "B"
Florida Sheriffs Contract
Line Item
iLine # Vendor Year Make Model New Vehicle Descri_ption Commodity # Cost Total Cost
3 Duval Ford 1999 Ford E-350 15 Passenger Van FSA Spec #18 $21,679 $21,679
5 IDuval Ford 1999 ford E-350 15 Passenger Van -- FSA Spec #18 $21,679 ' $43, 8
6 Regency 1999 Dodge Ram 2500 HI) 3/4 Ton Util. Body FSA Spec #09 $22,115 $65,473
7 ~Regency 1999 Dodge Ram 2500 HD 3/4 Ton Util. Body FSA Spec #09 $22,115 $87,588
8 IRegency 1999 Dodge Ram 2500 HI) 3/4 Ton Ufil. Body FSA Spec #09 $22,115! $109,703
9 Regency 1999 Dodge Ram2500HD 3/4 Ton Util. Body FSA Spec#09 $22,115 I $131,818
12 Duval Ford 1999 Ford Crown Victoria 4 Door Sedan FSA Spec #01 $26,410/ $158,228
13 ~Duval Ford 1999 Ford Crown Victoria 4 Door Sedan 'FSA Spec #01 $26,410 $184,638
14 Duval Ford 1999 Ford Crwon Victoria 4 Door Sedan FSA Spec #01 $24,621 $209,259
16 Duval Ford 1999 Ford Taurus Mid-Size 4 Door Sedan FSA Spec #05 $15,949 $225,208
17 IDuval Ford 1999. Ford Crown Victoria 4 Door Sedan FSA Spec #01 $24,621 $249,829
18 Duval Ford 1999 Ford Crown Victoria 4 Door Sedan __ FS_A Spec #01 $26,701 I $276,530
19 Duval Ford 1999:Ford Crown Victoria 4 Door Sedan FSA Spec #01 $26,701 I $303,231
20 IDuval Ford 1999 Ford Crown Victoria 4 Door Sedan FSA Spec #01 $26,701 i $329,93~2
21 Duval Ford 1999 Ford Crown Victoria 4 Door Sedan FSA Spec #01 $26,701I $356,633
22 Duval Ford 1999 Ford Crown Victoria 4 Door Sedan FSA Spec #01 $25,036 $381,669
23 Dural Ford 1999 Ford Crown Victoria 4 Door Sedan FSA Spec #01 $26,701 $408,370
24 Duval Ford 1999 Ford Crown Victoria 4 Door Sedan FSA Spec #01 $26,701 $435,071
25 Duval Ford 1999!Ford Crown Vicrtoria 4 Door Sedan FSA Spec #01 $25,036 $460,107
26 Duval Ford 1999 Ford Crown_Victoria 4 Door Sedan FSA Spec #01 ] $25,036 $485,143
Page 1
City of Delray Beach
Proposed Vehicle Replacement List
FY 98-99
Attachment "C"
State of Florida Vehicle Contract
Year Make Line Item
Line # Vendor Model New Vehicle Description Commodity # Cost Total Cost
10 King Track Ctr 1999 GMC C7H042 24,000# Cab Chassis 12' Dump 070-700-240 $39,700 $39,700
__ 11 KaiserPontiac/Buick ~999 GMC Jimmy SUV2Door4x2 070-400-200 __ $16,220 $55,920
15 King Track Ctr 1999 GMC C7H042 24,000# Cab/Chassis 14' Dump 070-700-240 $40,796 $96,716
Page I
City of Delray Beach
Proposed Vehicle Replacement List
FY 98-99
Attachment "D"
Local Bids
New Vehicle Line Item
Line # Vendor Year Make Model Description Commodity # Cost Total Cost
2 Fl. Municipal Equipment 1999 Johnson 605 Street Sweeper Bid Ft. Laud $110,576 $110,576
Page 1
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM:~CITY MANAGER
SUBJECT: AGENDA ITEM # ~S.~. _ MEETING OF MARCH 2, 1999
BID AWARD - REPLACEMENT VEHICLES
DATE: MARCH 1, 1999
Due to an equipment problem, the attachments referenced in the
memorandum for the replacement of vehicles could not be
generated on Friday.
Therefore, enclosed is Attachment "A" which is a list of the
vehicles being recommended for replacement. Staff recommends
various bid awards from Florida Sheriff Association Contract
(Exhibit "B"), the State of Florida Contract (Exhibit "C") and
from the City of Ft. Lauderdale (Exhibit "D".)
ref: memo8
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~/~obert A. Barcinski, Assistant City Manager
DATE: February 25, 1999
SUBJECT: DELRAY BEACH ACADEMY REQUEST
I have reviewed the request from Delray Beach Academy for the City to donate vehicle
#~20 a 1985 Ford E-150 extended van to them for the use with staff.
The vehicle is in fair mechanical condition with life to date maintenance costs totaling
$16,634.00. The original purchase price was $9,000. This vehicle has 48,050 miles;
however, it has a severe rust problem. The front floor panels are almost completely
rusted out and we estimate the cost to fix the rust problems to be about $1,000. The
estimated salvage value of the vehicle is $2,500. This is a cargo van and does not have
seats or side rear windows
If this vehicle is being proposed to be used for transporting children, it will need to have
the floor panel replaced and will need seats installed that meet safety requirements.
RAB/tas
File: u : sweene y/asmemos
Doc:O22599a.doc
RECEIVED
1101 N. W. 2nd
Oelr. Beach, ~ 33444
Feb~u 18, 1999
Mr. David Harden
City Manager
City Hall
I00 N. W. Ist Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
Dclray Beach Academy is the new charter school which recently opened for "At-Risk" students. We arc
quite proud of our achievements the fast month of operation. Our students are here in the community
giving us direct access to the parents ( thc key to our success). Our efforts, hopefully will assist single
parents, families, community, literacy, crime, our future prison population, and hopefully create an
atmosphere allowing for peace and harmony within our society.
To assist us with our transportation needs, we request the city's surplus Van g620; previously used by the
Police Departmcm.
We appreciate aD efforts the City, the Department of Recreation, and O/rice Skip Brown and his
department have provided thus far. We know we can made a difference.
Respectfully you~, )
Joe Green, Executive Director
JG/vb
CiTY CLERK ,,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~2q'AGER~
SUBJECT: AGENDA ITEM ~~ - REGULAR MEETING OF MARCH 2, 1999
REQUEST FOR DONATION OF BICYCLES/DELRAY BEACH ACADEMY
DATE: FEBRUARY 26, 1999
Attached is a request from the Delray Beach Academy for donation
of some 40 bicycles from the Police Department impound. Chief
Overman's comments are also attached.
If these bicycles were sold, they would bring in about $1,000 to
$1,500 in revenue. However, it would be revenue to the Law
Enforcement Trust Fund. Since there would be no impact on the
General Fund and providing programs to help "at risk" youth is an
appropriate use of Law Enforcement Trust Fund assets, I recommend
that the request be approved.
ref:agmemol6
RECEIVED ~,~:~
FEB 9 2 1999
CITY MANAGER
Delray Beach Academy
1101 N. W. 2"a Street
Delray Beach, FL 33444
Phone: 278-3500
February 22, 1999
Mr. David Harden
City Manager, City Hall
100 N. W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
The consideration and assistance you and Officer Brown have been to our start-up effort have been a
blessing. We are convinced our efforts will make a difference. Being successful with our targeted
population- "At Risk" youth- means reducing itemcy, reducing crime, more parental involvement,
reduction in prison population, reducing pregnancy, and a more mindful student of career opportunities.
The bicycles we have requested are to aid us with our drop-out prevention program. We hope to fascinate
the students as well as educate them. Being a community school, the bicycle will serve a duel purpose of
transportation to and from school.
Delmy Beach Academy needs the parents and community involved to make this program a success. We
again thank you for your help for past and furore involvemem.
Respectfully/~s,
lbe Green, Executive Director
JG/vb
RECEIVED
CI1~ CLERK
DELRAY BEACH
Delray Beach Police Department
NbAmericaCity
(561) 243-7888 Fax (561) 243-7816
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard G. Overman, Chief of Police
DATE: February 23, 1999
SUBJECT: REQUEST FOR BICYCLES BY MR. JOE GREEN
I have discussed briefly with Mr. Green some of his needs and our intent to support him,
wherever possible, in his mission at the community school. I know that he will have
students that are at dsk and that anything we can do to help turn those students around
will certainly be beneficial to the community. His explanation to me with regard to the
bicycles is that many of his students walk to school from their local neighborhoods, and
oftentimes they are hassled. By having a bicycle this might help eliminate some of the
problems.
As you are aware, the Police Department normally auctions these bicycles once a year
at a fraction of the cost. I do not believe that we are talking about a major impact on the
City by donating some of the bicycles to this program. Ultimately, I believe it is your call
as to whether we do that or not; and certainly if you decide to assist Mr. Green, we will
work with him in the distribution of the bicycles.
RGO/ppt
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2qAGER~
SUBJECT: AGENDA ITEM - REGULAR MEETING OF MARCH 2, 1999
GRANT AWARDS FOR HOUSING REHABILITATION CONTRACTS
DATE: FEBRUARY 26, 1999
This is before the Commission to consider approval of the
following housing rehabilitation contracts:
$18,984 to Craftsman Plus, Inc. for 410 S.W. 5th Avenue
$12,432 to Craftsman Plus, Inc. for 137 S.W. llth Avenue
$20,890 to Henry Haywood for 27 N.W. 13th Avenue
Funding in the total amount of $52,306 for these three grants is
from 118-1963-554-49.19 (CDBG Housing Rehab).
$16,522 to F. Bouman's Construction for 39 S.W. llth Avenue,
with funding from 118-1923-554-49.19 (HOME Housing Rehab);
and
$7,271 to T. H. Mottley for 607 S.W. 9th Street, with funding
from 118-1924-554-49.19 (SHIP Housing Rehab).
For the most part, these housing rehabilitation grants through our
affordable housing programs are placed on the agenda as consent
items under award of bids and contracts. In this instance,
however, not all of the awards are to the low bidder as explained
in the attached memorandum from the Community Development
Division. Hence, the item is on the regular agenda for
consideration.
Recommend approval of the housing rehabilitation grant award
contracts as outlined above.
ref:agmemoll
Agenda Item No.: ~ '
AGENDA REQUEST
Request to be placed on: Date: February 24, 1999
__ Regular Agenda
__ Special Agenda
__ Workshop Agenda
xxxx Consent Agenda When: March 2, 1999
Description of item (who, what, where, how much):
CASE# ADDRESS CONTRACTOR TOTAL GRANT AMOUNT
96-016 HR 410 SW 5th Ave. Craftsman Plus, Inc. $18,984.00
96-025 HR 137 SW 11th Ave. Craftsman Plus, Inc. $12,432.00
98-039 HR 27 NW 134 Ave. Henry Haywood $ 20,890.00
96-012 HR 39 SW 11th Ave. F. Bouman's Constr. $16,522.00
96-014 HR 607 SW 9th St. T.H. Mottley $ 7,271.00
(Example: Request from Atlantic High School for $2,000 to funds project graduation).
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval of three Communi _ty Development Block Grant
Program Housing Rehabilitation Grants and Contract Awards from Account 118-1963-554.49-19
in the amount of $52,306.00, one State Housing Initiatives Partnership (SHIP) Program Housing
Rehabilitation Grant and Contract Award from Account 118-1924-554.49-19 in the amount of
$7,271.00 and one HOME Investment Partnership Program Housing Rehabilitation Grant and
Contract Award from Account 118-1923-554.49-19 in the amount of $16,522.00. Each grant
amount includes contingency.
(Example: Recommend approval with funding from Special Events Account No.
001-3333-555-44.55).
Department Head Signature'. ~~! · ~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving ~xpenditure of funds):
Funding available: ~O .~~~/
Funding Alternatives: ~ .(if applicable)
Account No. & Description:
Account Balance:
Approved for agenda: 0
HoldUntil: ~~~ .~ ~.~,~ ,
/
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: Charles L. Bender III, Community Development Coordinator
THRU: Lula Butler, Community Improvement Director
DATE: February 24, 1999
SUBJECT: Community Development Division's Housing Rehabilitation Grant Awards for
Five Units
ITEM BEFORE THE COMMISSION
This is to request approval for five Housing Rehabilitation grant awards. This request is in
accordance with the City's Community Development Division's approved Policies and
Procedures.
BACKGROUND
The grant awards are based on the actual cost of the rehabilitation as determined by the low
responsible bidder plus a 5% contingency. The contingency may be used for change orders and
all unused funds remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community Improvement's Building Inspection
and Community Development Division. Contracts are executed between the building contractor
and the property owner. The City remains the agent and this office monitors all work performed
by the contractor ensuring compliance according to specifications and program guidelines. Pay
request forms require both contractor and homeowner's signatures. Grant recipients have met all
eligibility requirements as specified in the approved Policies and Procedures.
The rehabilitation activities will bring the homes to minimum code requirements by repairing
roofs, electric and plumbing systems and correcting other incipient code violations. Detailed
work write-ups and individual case files are available for review at the Community Development
Division Office.
The Community Development Division is responsible for ensuring that the housing rehabilitation
contracts are awarded to the lowest responsible bidder, as a result of a formal bid process.
Therefore an in-house policy was created to limit awards to the lowest responsible bidder within
10% of the Division's professional in-house estimate. This serves to disqualify unreasonably
low bids and therefore protect against the resulting change order requests. This policy further
assists the Division with its goal of completing each rehabilitation activity utilizing the estimated
amount of funding required.
The Division also limits the number of bids awarded to newly approved contractors/companies in
an effort to evaluate their performance and ensure efficient and expeditious activity completion;
new contractors are limited to one bid award under the initial package.
The Contract Award and Bid Summary sheets are attached for your reference. Bids were
awarded to the "lowest bidder" with the following exceptions:
410 SW 5th Avenue: The "lowest bid", submitted by William Hatcher
Construction, is not within 10% of the in-house estimate. The bid is awarded to
Craftsman Plus, Inc. whose bid was the next lowest and within 10% of the in-house
estimate.
137 SW 11th Avenue: The "lowest bid" is submitted by T. H. Mottley, a new
contractor in the City's Affordable Housing Rehabilitation Program. In-house policy
states that new contractors can only be awarded one bid at a time and T. H. Motley has
already been awarded one bid from this bid package. Therefore, the bid is awarded to
Craftsman Plus, Inc. whose bid is the second lowest and is within 10% of the in-house
estimate.
27 NW 13th Avenue: The two "lowest bids", submitted by William Hatcher
Construction and Craftsman Plus, Inc. respectively, are not within 10% of the in-house
estimate. The third "lowest bid", submitted by T. H. Mottley, can not be awarded
because he is a new contractor and, according to in-house policy, has been awarded the
allowable one bid. Therefore, Henry Haywood, who submitted the fourth "lowest bid"
and is within 10% of the in-house estimate, is awarded the bid for this project.
RECOMMENDATION
Staff recommends awarding the bids for five Housing Rehabilitation projects to the verified
responsible low bidders and authorizes awards in the following amounts:
Case Number Address Contractor Grant Amount
96-016 HR 410 SW 5th Ave. Craftsman Plus, Inc. $18,984.00
96-025 HR 137 SW 11th Ave. Craftsman Plus, Inc. $12,432.00
98-039 HR 27 NW 13t~ Ave. Henry Haywood $ 20,890.00
96-012 HR 39 SW 11th Ave. F. Bouman's Constr. $16,522.00
96-014 HR 607 SW 9m St. T.H. Mottley $ 7,271.00
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 99-014 HR
APPLICANT: Doris Sherrod
PROJECT ADDRESS: 410 SW 5th Avenue
DATE OF BID LETTERS: January 21~ 1999
DATE OF BID OPENING: February 11~ 1999
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $
WILLIAM HATCHER CONSTRUCTION $ 14~220.00
T. H. MOTTLEY $
KONRADY CONSTRUCTION CO., INC. $
CRAFTSMAN PLUS, INC. $ 18~080.00
DAKOTA CONSTRUCTION, INC. $ 27~741.74
J.A.S. CONSTRUCTION $
HENRY HAYWOOD $
FRANK BOUMANS CONSTRUCTION $
INTERCONTINENTAL CONST. CORP. $
RANDOLPH & DEWDNEY CONSTRUCTION, INC. $
SOUTH FLORIDA CONSTRUCTION $
OASIS CONSTRUCTION $
IN-HOUSE ESTIMATE $ 18~072.00
CONTRACTOR AWARDED CONTRACT: Craftsman Plus~ Inc.
BID/CONTRACT AMOUNT: $18~080.00
FUNDING SOURCE: 118-1963-554.49-19 Community Development Block Grant Program (CDBG)
COMMENTS: Hatcher Construction's bid is not within 10% of in-house estimate. Bid awarded to
Craftsman Plus, Inc. whose bid is next lowest and within 10% of in-house estimate.
u:\white\wwdata\bids\bidinfo.doc
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 99-014 HR
APPLICANT: Georgia Boges
PROJECT ADDRESS: 137 SW 11th Avenue
DATE OF BID LETTERS: January 21, 1999
DATE OF BID OPENING: February 11, 1999
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $
WILLIAM HATCHER CONSTRUCTION $
T. H. MOTTLEY $ 11,650.00
KONRADY CONSTRUCTION CO., INC. $
CRAFTSMAN PLUS, INC. $ 11,840.00
DAKOTA CONSTRUCTION, INC. $ 13,328.17
J.A.S. CONSTRUCTION $
HENRY HAYWOOD $ 11,935.00
FRANK BOUMANS CONSTRUCTION $ 10,935.00
INTERCONTINENTAL CONST. CORP. $
RANDOLPH & DEWDNEY CONSTRUCTION, INC. $
SOUTH FLORIDA CONSTRUCTION $
OASIS CONSTRUCTION $
IN-HOUSE ESTIMATE $ 12,465.00
CONTRACTOR AWARDED CONTRACT: Craftsman Plus, Inc.
BID/CONTRACT AMOUNT: $11~840.00
FUNDING SOURCE: 118-1963-554.49-19 Community Development Block Grant Pro~,ram (CDBG)
COMMENTS: T.H. Mottle¥ is a new contractor and has already been awarded one bid in this package.
Eventhough he was the lowest bidder on this proiect~ in-house policy states that new contractors can only be
awarded one bid at a time. Therefore, bid was awarded to Craftsman Plus, Inc. whose bid is second lowest
and is within 10% of the in-house estimate.
u:\white\wwdata\bids\bidinfo.doc
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 99-014 HR
APPLICANT: Joyce Butler
PROJECT ADDRESS: 27 NW 13th Avenue
DATE OF BID LETTERS: January 21~ 1999
DATE OF BID OPENING: February 11~ 1999
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $
WILLIAM HATCHER CONSTRUCTION $ 12~450.00
T. H. MOTTLEY $ 19~162.00
KONRADY CONSTRUCTION CO., INC. $
CRAFTSMAN PLUS, INC. $ 18~700.00
DAKOTA CONSTRUCTION, INC. $ 23~659.39
J.A.S. CONSTRUCTION $
HENRY HAYWOOD $ 19~895.00
FRANK BOUMANS CONSTRUCTION $
INTERCONTINENTAL CONST. CORP. $
RANDOLPH & DEWDNEY CONSTRUCTION, INC. $
SOUTH FLORIDA CONSTRUCTION $
OASIS CONSTRUCTION $
IN-HOUSE ESTIMATE $ 21~431.00
CONTRACTOR AWARDED CONTRACT: Henry Havwood
BID/CONTRACT AMOUNT: $19~895.00
FUNDING SOURCE: 118-1963-554.49-19 Community Development Block Grant Program (CDBG)
COMMENTS: The bids for Hatcher Construction and Craftsman Plus, Inc. are not within 10% of the in-
house estimate. T.H. Mottley is a new contractor and as per in-house policy has been awarded the
maximum of one bid fyom this package. Therefore, Henry Haywood, who submitted the fourth lowest bid
and is within 10% of the in-house estimate, has been awarded the bid for this project.
u:\white\wwdata\bids\bidinfo.doc
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 99-014 HR
APPLICANT: Charlie L. Brinson
PROJECT ADDRESS: 39 SW IIth Avenue
DATE OF BID LETTERS: January 21~ 1999
DATE OF BID OPENING: February 11~ 1999
NAME OF CONTRACTOR~ AMOUNT OF BIDS
ABISSET CORPORATION $
WILLIAM HATCHER CONSTRUCTION $
T. H. MOTTLEY $ 1C913.00
KONRADY CONSTRUCTION CO., INC. $
CRAFTSMAN PLUS, INC. $ 17~815.00
DAKOTA CONSTRUCTION, INC. $ 20,801.37
J.A.S. CONSTRUCTION $
HENRY HAYWOOD $
FRANK BOUMANS CONSTRUCTION $ 15~735.00
INTERCONTINENTAL CONST. CORP. $
RANDOLPH & DEWDNEY CONSTRUCTION, INC. $
SOUTH FLORIDA CONSTRUCTION $
OASIS CONSTRUCTION $
IN-HOUSE ESTIMATE $ 15~495.00
CONTRACTOR AWARDED CONTRACT: Frank Bouman's Construction
BID/CONTRACT AMOUNT: $15~735.00
FUNDING SOURCE: 118-1923-554.49-19 HOME Investment Partnershio Pro~,ram
COMMENTS:
u:\white\wwdata\bids\bidinfo.doc
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 99-014 HR
APPLICANT: Elizabeth Powell
PROJECT ADDRESS: 607 SW 9th Street
DATE OF BID LETTERS: January 21~ 1999
DATE OF BID OPENING: February 11~ 1999
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $
WILLIAM HATCHER CONSTRUCTION $
T. H. MOTTLEY $ 6~925.00
KONRADY CONSTRUCTION CO., INC. $
CRAFTSMAN PLUS, INC. $ 7~325.00
DAKOTA CONSTRUCTION, INC. $ 11~651.62
J.A.S. CONSTRUCTION $
HENRY HAYWOOD $
FRANK BOUMANS CONSTRUCTION $ 10~395.00
INTERCONTINENTAL CONST. CORP. $
RANDOLPH & DEWDNEY CONSTRUCTION, INC. $
SOUTH FLORIDA CONSTRUCTION $
OASIS CONSTRUCTION $
IN-HOUSE ESTIMATE $ 7~218.00
CONTRACTOR AWARDED CONTRACT: T.H. Mottley
BID/CONTRACT AMOUNT: $ 6~925.00
FUNDING SOURCE: 118-1924-554.49-19 State Housing Initiatives Partnership (SHIP)
COMMENTS:
u:\white\wwdata\bids\bidinfo.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF MARCH 2, 1999
RESOLUTION NO. 14-99 (AUTHORIZING SOLE SOURCE
PROCUREMENT FOR 800 MHz RADIO SYSTEM)
DATE: FEBRUARY 26, 1999
Boca Raton, Delray Beach and Boynton Beach comprise the South Palm
Beach County Public Safety Communications Cooperative. The
Cooperative was formed by interlocal agreement to coordinate the
design, procurement and implementation of an 800 MHz radio system,
with subsystems located in each city and the ability to link into
Palm Beach County's system as well as the 800 MHz system in
Broward County.
In order to accomplish this goal, the Cooperative's consultant,
Omnicom, Inc., has recommended that the radio system and related
equipment be purchased from Motorola Communications & Electronics,
Inc. to insure compatibility with systems already in place.
Resolution No. 14-99 authorizes the procurement from Motorola on a
sole source basis, with direction to commence negotiations for an
800 MHz trunked simulcast radio system and equipment.
The City of Boca Raton will negotiate for the overall radio
system, while each municipality will be responsible for
negotiating for the equipment needed for the respective
subsystems. The 800 MHz radio system is included in our capital
program for FY 1999.
Recommend approval of Resolution No. 14-99.
ref:agmemol4
RESOLUTION NO. 14-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE APPROVAL FOR
A SOLE SOURCE PROCUREMENT FROM MOTOROLA
COMMUNICATIONS & ELECTRONICS, INC. AND TO COMMENCE
NEGOTIATIONS FOR 800 MHz TRUNKED SIMULCAST RADIO
SYSTEM EQUIPMENT COMPATIBLE WITH THE SYSTEM
PROPOSED FOR SOUTH PALM BEACH COUNTY.
WHEREAS, Omnicom, Inc., communication consultant to the
South Palm Beach County Public Safety Communications Cooperative and
to the City of Delray Beach, has recommended the City of Delray Beach
procure 800 MHz radio equipment from Motorola Communications &
Electronics, Inc.; and
WHEREAS, the Palm Beach County Commission passed a
resolution which approved a sole source procurement from Motorola
Communications & Electronics, Inc., and authorizes Palm Beach County
to commence negotiation for an 800 MHz trunked radio system; and
WHEREAS, the cities of Boca Raton, Delray Beach and Boynton
Beach have entered into an interlocal agreement which provides for
sharing a radio infrastructure system; and
WHEREAS, Broward County has in operation a radio system
purchased from Motorola Communications & Electronics compatible with
the system proposed for South Palm Beach County; and
WHEREAS, in the interest of mutual aid, like radio systems
provide for interoperability of radio communication.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of Boca Raton, in cooperation
with the South Palm Beach County Public Safety Communications
Cooperative Technical Committee, is authorized to pursue a sole
source procurement from Motorola Communications & Electronics, Inc.,
and is authorized to commence negotiations for an 800 MHz trunked
simulcast radio system.
PASSED AND ADOPTED in regular session on this the 2nd day
of March, 1999.
ATTEST:
......
OMNICOM, INC.
7~~'~ COMMUNICATIONS ENGINEERS
December 18, 1998
City of Boca Raton
Police Department
100 NW 2"~ Avenue.
Boca Raton, FL 33432
Attention: Mrs. Donna Dreska
Chairperson, South Palm Beach County Public Safety Communications
Cooperative
Reference: Summary of Radio System SOW
Dear Mrs. Dreska:
As an overview of the 800 MHz Radio System Statement Of Work, I have included a
summary of the system as an attachment to this letter. After reviewing this document please
do not hesitate to call me if you have any questions.
I will be available to meet with you to discuss the SOW and the procurement process anytime
after 18 January 1999. If you will let me know as soon as possible on a date and time that is
good for you, I will block it out on my calendar.
Warm regards,
Robert W. Sutphen
Vice President, Project Management
RWS/jms
Enclosure: (1) Radio System Summary
File: C:~)ocuments\MSWord~Projects~Boca-Boynton-Delray\981218._boca mw SOW Summary.doc
930 THOMASVILLE RD SUITE 200, TALLAHASSEE, FLORIDA 32303, (850) 2.24-4451, (850) 224-3059 Fax
800 MHz TRUNKED RADIO SYSTEM
TECHNICAL' OVERVIEW
FOR THE CITIES OF
BOCA RATON, BOYNTON BEACH
.&
DELRAY BEACH
COOPERATIVE'S 800 MHZ MULTISITE COUNTYWIDE RADIO SYSTEM
1. 800 MHz RADIO SYSTEM OVERVIEW
The Cities of Boca Raton, Boynton Beach, and Delray Beach, hereafter known as
the South Palm Beach County Public Safety Communications Cooperative, or the
Cooperative are in the process of procuring an 800 MHz APCO 16-compliant,
multisite, trunked radio system. The Cooperative's system shall consist of three
separate. 800 MHz trunked digital systems, with one located in each of the Cities.
These subsystems shall be linked together and to the County's radio system
through the Palm Beach County SmartZone Switch. Channel capacity of this system
shall be:
A. Boca Raton Ten 806 MHz.channels.
B. Delray Beach Five NPSPAC channels.
C. Boynton Beach Seven 806 MHz channels.
Users assigned to one system that have radios programmed for roaming shall be
able to migrate out of their home system and into the other systems, while
maintaining seamless communications wi~h their dispatch center and other units in
their current talk group. The radio units in this system will have seamless
Countywide coverage without having to switch from their assigned radio talk group.
Figure 1-1 illustrates how these systems are linked together using the SmartZone
switch.
A unit shall be assigned a subsystem with which it shall normally affiliate when
turned on. Under normal conditions, each radio shall be assigned to its applicable
City zone. This affiliation shall change when the unit either roams out of rang~ of its
assigned site or the user changes talk groups and forces the unit to select another
site.
The backbone shall be designed for digital and analog use. The system users shall
have the option of selecting either analog or digital field units. For those agencies
that do not require the digital option, their talk groups shall be set up as analog only
on their field units. Agencies that elect to purchase digital field units shall have the
option of communicating with both digital and analog field units within their
respective modes.
BOYNTON BEACH
BOCA RATON PBC : '- i: :'
I
COUNTY'S
FAULT TOLERANT
SITE ~ STATION SITE ' :
BOCA RATON CEB SITE .' ': ~{-i: .::-.
COOPERATIVE'S 800 MHz MULTISITE COUNTYWIDE RADIO SYSTEM
Each user shall normally operate within an assigned group of users sharing a
common function (talk group). Talk groups operate autonomously. From a user's
perspective, their talk group shall be the only one on the system. They shall neither
hear another talk group nor need to wait for another user to clear a channel, unless
the other user is within his/her talk group or the system is temporarily in a busy
state with all channel resources assigned. If a busy condition is experienced, users
at-tempting access shall be provided a supervisory indication of the busy state.
However, when the need arises, users shall have the capability to switch to
common talk groups where interagency/intercity communications can take place.
Each City's communications center shall also operate in an autonomous mode.
When the need arises for each of the communications centers to talk directly to
each nther, an intercom connection can .be established by touching an icon on the
dispatch radio monitor.
1.1 System Features
The following features shall be built into ~he Cooperative's system:
A. Call handoff: Allows a user to.move Yrom one site to another while
maintaining communications.
B. ALrtomatic site registration: Occurs during Push-To-Talk (PTT), power on,
selector changes, and when a radio roams from one site to another.
C. Received Signal Strength Indicator (RSSI): As a unit moves from one site to
another, the system monitors the signal strength. When the signal reaches a
predetermined level considered inadequate for public safety communications,
the system shall look for the next best site and switch the unit to thsr~ site.
To reduce switching time to a minimum, the system only looks at adjacent
sites' control channels.
D. Deregistration: Occurs when a unit is turned off, a radio is out of range for a
predetermined period of time, or when it switches to another site.
1.2 System Reports
The following information shall be provided via a GUI display and hard copy:
-, COOPERATIVE'S 800 MHz MULTISITE COUNTYWIDE RADIO SYSTEM
A. Zone air time.
B. Site air time.
C. Channel air time.
D. Group air time.
E. Individual air time.
F. Number and length of queues during busy hour.
G. Total transactions, such as number of emergency calls, call alerts, etc.
1.3 Budgetary Prices
1.3.1 Procurement Using Moving Violation Funds
OMNICOM recommends that the Cities 'develop an interiocal Agreement to use
Moving Violation Funds to purchase the SmartZone Switch and interface
electronics. Budgetary prices for these line 'items are:
A. Basic SmartZone (SZ) Equipment N/C
B. Interface at SZ Site $ 183,667
C. Interfaces at Cities sites $ 136,347
D. Total SZ I/O Costs $ 320,014
1.3.2 Procurement Using Funds From Cities
System prices for each City are:
City Backbone Subscriber Units Total
Boca Raton $371,008 $3,331,742 $3,702,750
Boynton Beach $371,008 $1,888,200 $2,259,208
Delray Beach $371,008 $1,603,184 $1,974,192
MEMORANDUM
County Administration
P.O. Box ~,~8~ May 9, 1997
West I~lm Beach. FL 33402.1989
(561) 355.2030
TO: Commissioner Buff Aaronson, Chairman
m,: (56])~ss.~,~s2 and Members of Board of County Commissioners
http://www, co.palm-beach.fl.us
· County Administrator~.~/t~[Jff ~-~ ~
RE: 800 MHZ RADIO COMMUNICATIONS SYSTEM
P~lm seacts county SOLE SOURCE PROCUREMENT RECOMMENDATION
Board of County
Commissioners
Bun Aaroflsofl. Chairman
s~aude rord ce~ vice Chai,This memo reviews the development history of the proposed Palm Beach
County 800 MHZ Trunked Communications System and the current
I~ren T. Marcus development strategy. The report also identifies the critical features of a
ca,os ^. ~obens public safety communications system and the importance of interoperable
Warren I~. Newetl communications with other government agencies. The salient attributes of
Direct Interoperability are defined as well as its impact on other critical
Mary McCafly requirements of the communications system. The mere concludes with a
t~en t.. roster recommendation to begin negotiations for sole source procurement with
Motorola Communications & Electronics, as the only vendor which can
provide the required interopeF~ble communications s~stem utilizing over
County Administrator
$4,OO0,OOO in infrastructu, re and equipment previously invested by other
I~oberl Weisman. P.E. governments.
BACKGROUND
Palm Beach County hired RAM Communications in 1991 to complete a
Long Range Communications Plan for the public safety and public works
agencies of Palm Beach County. The Long Range Communications Plan
identified: 1) that the existing communication system infrastructure is
overloaded; 2) channels for required additional capacity are not available in
the VHF and UHF spectrum, and 3) the existing systems do not provide
communications between County agencies and other government agencies.
· RAM Communications recommended the County migrate to an 800 MHZ
· ,~. z~,-~ 0~r~.,. Communications System.
,4~lrmdfl'vr At,on £mp/oyer'
In 1993 Palm Beach County contracted with Omnicom for consulting services to develop a 800
MHz Trunked Radio System. Part df the development process was the identification of available
radio channels. The County currently has access to 20 channels under the National Public Safety
Planning Advisory Committee (NPSPAC) Region Nine Plan. The County also has ten limited
coverage channels acquir~ in 1986 that must be implemented by November of 1998 to be retained.
As a result of the costs delineated in an RFP response, the Radio Administrative Committee
recommended that the Board proceed only with a local government system. In March 1996, the
Board dir~ted Staffto plan a system which implemented the public safety portion of the system as
the first phase of project in order to address the existing system deficiencies and meet the licensing
milestones that had presented themselves. For the purposes of this report, County's public safety
and public works agencies are defined as the Sheriff's Office, PBC Fire Rescue, EMS/EOC and all
other County departments. Attachment I details the chronology of events since November 1991 on
this project.
CURRENT BEVELOpMENT STRATEGY
The proposed 800 MHz System has gone through several revisions attempting to provide the
required capacity through thc usc of thc 20 NPSPAC channels and spectrum efficient technologies
(digital, TI)MA, FDMA, etc.) that have been under development for the past three to four years.
These technologies have not been implemented to date and there is no firm indication as to when
they will bc available to Palm Beach County.
On January 30, 1997, a meeting was held with the gOO MHz system vendors, the County'user
agencies, nnd County Administration. At the meeting it was determined the County would proceed
to investigate the procurement of an 800 MHz System incorporating analog capable digital backbone
equipment (transmitters & receivers) and analog field units. The digital backbone improves the
possibility for future migration to higher technological platforms (when they are available and
proven) without replacing the backbone .equipment. Besides for superior reliability and
performance at this time, the use of analog field radios reduces system cost.
PUBLIC SAFETy CO--CATIONS SYSTEM REQUIREMENTS
APCO 16 SPECWICATIONS
For the proposed 800 MHz System to fully support the operational demands of a public safety
communications system, it must meet the requirements of the APCO 16 specification. APCO 16
was developed by thc Association of Public Safety Communications Officials to define the base
operational requirements of a public safety radio communication system. The requirements are the
accepted benchmark for public safety communications systems.
Page 2
COVERAGE AND CAPACITY REQUIREMEN_TS
System coverage is a critical aspect of the proposed 800 MHz System. Eight tower sites are
cur~ntly anticipated for the system to provide adequate coverage in the unincorporated areas of the
County. To ensure the system provides adequate capacity, Omnicom is currently assessing the
implementation options that will provide the greatest number of units per channel incorporating the
use of the ten non-NPSPAC channels.
]NTEROPERABILITY REQ.UIREMENT
lntemperability is another critical requirement for the Counts $00 MHz System. Intemperability
among the agencies is provided by the use of a common communications system. Intemperability
between public safety agencies and the public safety agencies of other government entities would
enhance thc effectiveness of the following activities:
1. Recovery activities associated with a hurricane disaster or other localized disasters
such as hazardous materials spill or airplane crash.
2. PBSO and West Palm aviation units could communicate directly with ail public..
safety agencies in the County.
3. Criminal pursuits across jurisdictional boundaries.
4. In-progress violent crimes could be bmndcasted in real lime.
5. Prisoner Iransport vehicles in mute to a jail or court facility outside their coverage
area. All municipalities use the jails for prisoner housing.
6. Civil distwbances or large public events.
7. Joint law enforcement activities between the Palm Beach County Sheriffs Office and
municipal police departments, the Sheriffs Office of Broward County, or the law
enforcement agencies of the State of Florida. The Sheriff's Office provided
assistance to other law enforcement agencies 2,376 times during the first quarter of
1997. Without direct intemperability, each of these requests results in a minimum
of 3-5 telephone or radio calls to share necessary information.
8. Efficient use of resources is also demonstrated by the Sheriff's Office providing
driver or suspicious person identification, license checks, notification of intrusion
alarms, and 911 dispatch services for various municipalities through limited cross-
use of existing channels. The Sheriff's Office processed 4,960 calls of this type
during the first quarter of 1997.
Page 3
Mutual assistance provided by fire/rescue agencies for large structure fires or other
incidences that exceed the local capabilities. Palm Beach County Fire Rescue
provided or received mutual assistance $5 times during 1995.
10. Rescue vehicles transporting patients to hospitals outside their primary coverage
area. Palm Beach County Fire Rescue transported patients to hospitals in municipal
jurisdictions 5,954 times during fiscal 1996.
lnteroperability also avoids the requirement for agencies to carry more than one radio to
communicate across jurisdictional boundaries as is currently the operational method used between
Palm Beach County Fire Rescue and Palm Beach Gardens Fire Department for the Automatic
Mutual Aid agreement discussed below.
Interoperability between government agencies also fosters efficient and effective usc of public safety
resources. For example, Palm Beach County Fire Rescue and the Palm Beach (~ardens Fire
Department have an Automatic Mutual Aid Agreement whereby the nearest fire or rescue vehicle
reports to an incident regardless ofjurisdictional boundaries. Occurrences of Automatic lviutual Aid
under this agreement average 60 times per month. Mutual assistance across jurisdictional
boundaries reduces thc number of stations required by each agency while maintaining response time.
METHODS OF INTOLERABILITY
There are two types of interoperability: indirect and direct. Indirect interoperability is possible for
communication systems fi'om different manufacturers. There are three methods of indirect
interoperability. Methods I and 2 require either hard wired, microwave or over-the-air audio
interfacing between communication systems. Both methods require two channels for calls between
agencies. And, dispatchers must also be notified prior to initiating a call to enable the inter-agency
call feature.
The third method of indirect intemperability requires the use of non-lrunked mutual assistance
channels established by the NPSPAC plan. These channels are for conventional communications
(non-tmnked). Dispatch personnel ate required to enable thc channels prior to use, and field units
are no longer accessible on their normal talk group. In addition, under the Region Nine Plan, these
channels are restricted to emergency communications only and can not be used for day-to-day
routine interoperability.
Due to the limited availability of channels, and the usc of non trunked mutual assistance being
restricted f~m day to day routine intcmperability; indirect interopcrability is not feasible.
Direct interoperability is only possible with 800 MHz Systems of the same manufacturer because
the central controlling computer systems arc compatible, enabling control data to be passed between
the systems. Direct interopembility provides the ability to communicate on a system-to-system level
without generic adapte~, andio level interfacing, or dispatcher activation. With direct
Page 4
intemperability, units are automatically registered on the communications system providing the best
coverage without switching channels or activating alternative configurations.
Direct interoperability also improves system capacity by "pooling" the capacity of each system. IN
Omnicom's comparison report, the capacity of the individual systems is improved by combining the
system capacities .together.
Direct interoperability improves coverage without the addition of tower sites or in-building bi-
dir~tional amplifier equipment. For example, the County system would gain in-building coverage
in the downtown West Palm Beach area if the system is directly interoperable with the City of West
Palm Beach 800 MHz System.
Direr intemperability would also allow adjacent systems of the same manufacturer to act as a back-
up in the event of failure. Direct interoperability will also facilitate future partnerships as central
dispatch, maintenance and administration as the infrastructure and equipment expenses would be
eliminated.
To fully meet the requirements for multiple agency direct interoperability the County's 800 MHz
System must provide the following functional characteristics:
1. APCO 16 functionality must be maintained for the communication systems even
while field units are outside their coverage area.
2. All the features and functionality of the field radio equipment must be maintained
regardless of location within the County. Field personnel must not be required to
change operational methods outside their coverage area. This is especially important
in a critical life threatening situation.
3. Message relaying must not be required avoiding the delays and errors.
4. Generic audio level adaptors .or patches must not be required avoiding the resultant
delays.
Interoperability must be automatic and not require dispatch personnel to
enable/disable thc inter-agency communication feature prior to use.
6. Communications bem, een field units and their base dispatch center must be
mainlained while communicating with other agencies.
Page
OpPORTUNITIKS FOR DIRE. CT INTKROPKRABILITY
MUNICIPALITIKS
The Criminal Justice Commission Public Safety Communications Committee was established July
1994 to develop a Countywide communication system to support the requirements of the
municipalities. The proposed system will consist of four hubs: North, South, Central, and West.
The existing City of West Palm Beach gOO MHz System functions ns the central hub. Palm Beach
County recently approved the expenditure of $430,579.00 to expand coverage and capacity for the
West Palm Beach system. The City of Riviera Bench and Palm Bench Gardens currently uses the
West Palm Beach system for public safety communications. Once the expansion is complete, the
cities of Atlantis, Greenacres, and Palm Beach will also be utilizing thc West Palm Beach system.
R. L. Bradshaw, Chief of Police and Emic Can', Police Administrator, for the City of West Palm
Beach have both identified the importance of interoperability and expressed their desire to establish
interoperable communications with the County (see Attachment 2 for an excerpt fi.om a Public
Safety Communications Committee report).
The following identifies those agencies with tmnked radio systems:
City of West Palm Beach Motorola Tmnked
Riviera Beach Motorola
Palm Beach Gardens MotOrola
Atlantis Motorola
Town of Palm B~a~:h Motorola
Greenacres Motorola
Broward SO Motorola Tmnked
Martin County SO E.J. Johnson Tmnked
State of Florida MotOrola Tmnked
The infrastrucm~ investment in these systems would be re-used (as opposed to abandoned) in future
efforts to achieve direct interoperability.
The cities of Boca Raton, Delray Beach, and Boynton Beach cun'ently have a consultant under
contract to develop the south hub. Peter A. Petracco, Chief of Police, Boca Raton and Marshall B.
Gage, Chief of Police, Boynton Beach have both expressed their support for inter-agency
communications.
The cities of North Palm Bench and Lake Park are in the planning stages for a north hub. Jeffery
C. Lindskoog, Chief of Police, Lake Park recognizes the importance and supports interoperability.
Page 6
James P. Kelly, Chairman of the Law Enforcement Planning Council and Gale English, President
of thc Palm Beach County Municipal League have also express thc importance of intemperability
and their interest in the County implementing such a system (see Attachment 3 for copies of the
letters expressing the interest of muiticipalitics for interoperability).
STATE AND COUNTY
The State of Florida is implementing the second phase of a multi-million dollar statewide Motorola
800 MHz Communication System. Phase one included Dade, Broward, and Monroe counties. Thc
second phase includes the south central counties of the State including Palm Beach County. Thc
second phase is scheduled for completion June 1998.
Broward County implemented a Motorola 800 MHz Communication System in 1989. Having
identified the importance of interoperability, Broward County is currently investigating the options
for interoperability with their municipalities. Carl Rader, Public Safety Telecommunications
Coordinator for Broward County indicates interoperability with Palm Beach County is also a critical
pan of their research. Intemperability with Broward is critical as Fire-Rescue transports to Broward
County.
RECOMMENDATION
Based on the foregoing description of interoperability, its requirements and benefits, and the
opportunities for enhanced public safety communications, it is evident that direct interopembility
is the essential requirement of the proposed 800 MHz System. Direct interoperability provides the
highest level of functionality for field and dispatch communications, provides for capacity sharing.
among communications systems, and expands coverage without purchasing additional towi~rs or
equipment. Direct interoperability will provide in-building coverage and increased capacity for the
County in downtown West Palm Beach area and 12 other municipalities.
Direct interoperability is only possible between 800 MHz systems from the same manufacturer, of
which the City of West Palm Beach's Motorola $00 MHz System represents an over
$4,000,000.00 investment. Since only one system manufacturer (Motorola) can pwvide direct
interoperability without losing the value of previous investments made by public agencies, it is
recommended Palm Beach County enter into negotiations with Motorola Communications and
Electronics, Inc. for sclc source procurement of the County's 800 MHz Trunked Radio
Communication System.
Page 7
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY M32q'AGER~
SUBJECT: AGENDA ITEM ~-'REGULAR MEETING OF MARCH 2, 1999
SERVICE AUTHORIZATION #38/HELLER, WEAVER & CATO, INC.
(SURVEYING FOR SW 8TH AVENUE/4TH STREET IMPROVEMENTS)
DATE: FEBRUARY 26, 1999
This is before the City Commission to consider approval of
Service Authorization #38 in the amount of $26,955.00 with
Heller, Weaver & Cato, Inc. for surveying-and mapping services
associated with the referenced project. The work involves a
topographical mapping survey locating all above and below ground
improvements, including significant landscaping, driveway aprons
and walks within the following corridors:
** S.W. 8th Avenue from West Atlantic Avenue south to S.W. 4th
Street;
** S.W. 4th Street from S.W. 8th Avenue west to Auburn Avenue
(S.W. 12th Avenue);
** S.W. 2nd Court and S.W. 2nd Terrace between S.W. 7th and 8th
Avenues; and
** S.W. 7th Avenue between S.W. 2nd and 3rd Streets.
The proposed improvements include storm drainage, water main
upgrades, sanitary (if needed) and street reconstruction. This
project is included in the current year capital program. Funding
will be from 448-5461-538-63.95 (Stormwater Utility - S.W. 8th
Avenue Improvements).
Recommend approval of Service Authorization #38 with Heller,
Weaver & Cato, Inc.
ref:agmemol0
Agenda Item No. ~ ~'
AGENDA REQUEST
Date: 26-Feb-99
Request to be placed on:
X Regular Agenda
~ Special Agenda
~ Workshop Agenda When: 2-Mar-99
Description of item (who, what, where, how much): Staff requests Commission
Approv~l/Avthorization for Mayor to execute Service Authorization from Heller. Weaver
and Cato, Inc, for a topographical mapping survey locating all above and below ground
improvements, including significant landscaping, driveway aprons and walks within the
following corridors: SW 8th AV from W Atlantic Av to SW 4th St. SW 4th St from SW 12th
St to $W 8th Ay, SW 2nd Ct, SW 2nd Terr and SW 7th Av from SW 2nd St to SW 3rd St.
Proposed improvements along this pro!ect include storm drainage, water main upgrades.
sanitary. (.if needed) and street reconstruction. This pro!ect is included in the current
capital program. Total cost for this Service Authorization is $26.955.00. Funding from
Account ~448-5461-538-63-95. SW 8th Ave Improvement Pro!ect.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Service Authorization.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re, g~ed on all items involving expenditure of funds): Funding available: LYE.,~S~NO
Funding alternatives .(if applicable)
Account No. & Description 448-5461-538-63-95 $W 8th Avenue.
Account Balance $546200700 ,~ .!,oO. oo
City Manager Review:
Approved for agenda: ~NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:~engadmin~projects~gg~gg-OO4~official~agendaOl.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David Harden
FROM: Randal L. Krejcarek, P.E.
DATE: 24-Feb-99
SUBJECT: SW 8th Av/4th St Improvements
Surveying and Mapping Service Authorization
Heller - Weaver and Cato, Inc.
Project #99-004
The attached agenda item is for the survey and mapping of existing topographical
features and underground utilities along the following corridors: (map attached)
· SW 8th Av from W Atlantic Av to SW 4th St,
· SW 4th St from SW 12th St to SW 8th Av,
· SW2nd Ct,
· SW2nd Terr,
· SW 7th Av from SW 2nd St to SW 3rd St
Proposed improvements along this project include drainage, watermain upgrades,
sanitary repairs (if needed) and street resurfacing/reconstruction.
This project is included in the current capital program.
Total cost for this Service Authorization is $26,955.00.
Funding is from account ~448-5461-538-63-95
enc.
cc Richard Hasko, P.E., Acting Director of Environmental Services
project #98-047
s :~engadmin~projects[99 ~99-OO4 ~official~agndaO1. mem
HELLER-WEAVER AND CATO, INC.
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. '~ ~ FOR CONSULTING SERVICES
CITY P.O. NO. (CITY) HELLER-WEAVER AND CATO, INC.
TITLE: TOPOGRAPHIC SURVEY SW Sth Avenue, SW 4th Street
S.W 2nd Court, SW 2nd Terrace
SW 7th Avenue
This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Con-
tract, Dated ~uly 25, 1991, between the City of Delray Beach and Heller-Weaver and Cato, Inc.
Project Description:
The project consists of a Topographic Survey ofSW Sth Avenue ~om the intersection of Atlantic Avenue to thc inter-
section of $W 4th SWeet, including SW 2nd Court and SW 2nd Terrace. Also, $W 4th Street ~om $~ Sth Avenue
to the intersection of $W 12th Avenue. Also, SW */th Avenue ~om $W 2nd Street to $~ 3rd Street.
Scope of Survey Services:
The Consultant shall provide professional surveying ser~ consisting of field topography and horizontal and
ve~cal locations. All existing £acilities and utilities within the fidl right-of-way of the established construction limits
will be coordinated for the project and will include the following:
I. Topographic survey within the limits as specified at a minimum of 50-foot intervals and at major ground
elevation changes to depict existing ground profile at proposed pipe location and roadway improvements.
This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include:
a. Location of all visible fixed improvements within project limits, including roadway pavement,
buildings, sidewalks, walk, rays, curb, trees, shrubs, fences, walls, power poles, ~ wires, street light
poles and fixtures, and other encumbrances, including point of curvature and point oftangency.
b. Location of all known above* and below-ground existing utilities: FP&L, Southern Bell, Cable TV,
Natural Gas, and potable water (pipe diameter, valves, and fire hydrants), forcemains (pipe diameter,
top of pipe and valves), drainage fitcilities including pipe diameter, direction and invert elevations,
meter boxes, rim/grate elevations of all storm sanita~,, and other accessible structures. This w~ll
include coordination with U.N.C.L.E. Underground piping (potable water, forcemalns, and storm
sewers) shall be pot-holed by others in a timely i~shion. There is no provision for Consultant to probe
or excavate i~or these underground utilities.
c. The topographical survey shall extend a minimum of 5 feet beyond the road right-of-way. Floor
TOPOGRAPHIC SURVEY
SW 8th Avenue, SW 4th Street
SW 2nd Court, SW 2nd Terrace
SW 7th Avenue
Page Two
elevations of building smactures within 30 feet of the fight-of-way shall be indicated. All
topographical surveys shall have stationing established from south to north and west to east.
d. Cross-sections elevations at approximately 50-font stations within project limits, including center-
line of construction limits, edge of pavement, top of shoulder, bottom of shoulder, right-of-way
line, and low points. If swale areas are within the limits of survey work, then reflect swale areas
and show spot elevations. Intermediate grades shall be indicated at all grade breaks, driveways and
sidewalks. Two grades (one at the right-of-way line and one 15-feet back) shall be indicated on the
driveways to indicate direction of grade.
e. Identi~ limits and lines of platted rights-of-way (including bearing and distances from center-
lines), lot numbers, block numbers and dedicated easements.
f. Provide and reference benchmarks at maximum 600-font intervals. Elevations to be referenced to
an existing established County and/or City Benchmark.
2, The above topographical survey data shall be prepared on AutoCAD format, Version 14, at a plan scale
of 1"--20' horizontal. Separate layers for AutoCAD drawing information are to be established as directed
by the City of Delray Beach. The CAD drawings will include all survey data collected in items No. 1,
above. Sufficient data shall be shown on the CAD drawings so that the baseline can be recreated by the
Contractor in the field. The legend of symbols for topographic features shall be consistent with previous
work prepared for the City. The CAD drawings shall also include:
a. Locations of utility pot-holing°~
(l)Ulilit3t (potable water, saaita~ sewer and storm sev~s) pot-holing will bo supplied by o~hers, in a timely mann~, as not to ~ progr~ of
Soutbom B~I, Cable TV, Natural Gaa, et~.) within the ~eeif~l tim~ fram~ for tbo sunmy w~-k. Docmnentation that U2q. C.L.E. was on :~it~ shall bo
provided by HWC to the City of Ddray Beach.
Submittal Materials
I-1WC shall provide the City of Delray Beach one (1) plot of the drawings signed and sealed by a registered land
surveyor for record purpose at I"=20' scale, and one (I) computer disk with survey and drawing information
compatible with AutoCAD Version 14. Separate layers for AutoCAD drawing information are to be established
(as directed by the City of DelrayBeach) at a minimum as follows:
1. Right-of-way text 2. Right-of-way lines
3. Lot text 4. Lot lines
5. Locations text 6. Locations information
7. Topographic text 8. Survey notes and information
Fee:
The above-mentioned services will be provided for a lump sum fee of Twenty Six Thousand Nine Hundred Fifty-
Five and 00/100 ($26,955.00)
TOPOGRAPHIC SURVEY
SW 8th Avenue, SW 4th Street
SW 2nd Court, SW 2nd Terrace
SW 7th Avenue
Page Three
Completion Date
Eight (8) weeks after author/zation to proceed, project will be completed.
This service authorization is approved contingent upon the City's acceptance of and satisfaction with the comple-
tion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the
City, in its sole discretion, is unsatisfied with the services provided in the presious phase or service authorization,
the City may terminate the contract without incurring any further liability. The CONSULTANT may not corn~
mence work on any service authorization approved by the City to be included as part of the contract with out a
further notice to proceed.
Approved By:
CITY OF DELRAY BEACH: CONSULTANT: HELLER-WEAVER AND CATO, INC.
Date: Date: F 231999,
Approved as to Legal Sufficiency and Form:
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
The following instrument was acknowledged before me
this 23rd day of February , 1999 by John D.
Weaver, Presiderit of Heller-Weaver and Cato, Inc., a
Florida Corporation, on behalf of the corporation. He is
Signature of P~Taking Acknowledgment
Ina E. Levinson
Signature of Acknowledger
(typed, printed or stamped)
, n.so.
~ile:\jdw~cdb~lbcon99-31 /~_~.~/~ My Corem Exp. 4/q8100
(~(~...m..A, ,~}g)Bonded By Service Ins
~ ! i p..~.~ wo.. [io~.~.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2XlAGER~
SUBJECT: AGENDA ITEM~--~/~-~ REGULAR MEETING OF MARCH 2, 1999
CONTRACT RENEWAL WITH RUST-OFF, INC. (ANTI-RUST
CHEMICALS IN CITY IRRIGATION SYSTEMS)
DATE: FEBRUARY 26, 1999
This is before the Commission to consider approval of a two year
contract renewal with Rust-Off, Inc. for the purchase of
anti-rust chemicals used in the City's irrigation system.
Rust-Off, Inc. is our current vendor, having been awarded the
previous bid in January, 1996, for a three year contract.
The Purchasing Division put a current package out to bid in
January, 1999. Seven (7) vendors picked up bid packages.
However, at the bid opening on February llth, no bids were
received. Two "Statements of No Bid" were received and
Purchasing contacted the remaining five vendors to find out why
no bids were submitted. The responses are provided in the
background material.
The current vendor, Rust-Off, Inc., indicated there was some
confusion on their part as to when the bid opening was to take
place. The company has agreed to hold its current pricing of
$1.95 per gallon for the term of the new bid (two years). Their
service has been very responsive and we have not received any
complaints.
In view of the above, I recommend approval of a two year contract
renewal with Rust-Off, Inc. for anti-rust chemicals to be used in
the City's irrigation systems, at an estimated annual cost of
$31,720. Funding will be from 119-4144-572-52.21 (Chemicals),
with six months funded from FY 1999 budget and six months from FY
2000 budget.
ref:agmemo7
Agenda Item No.:
AGENDA REQUEST
Date: February 22~ 1999
Reques~ to~---~taced on:
~nt
..~_.--~~r Agenda Special Agenda Workshop Agenda
W/en- M~]999
Description of agenda item '(who, what, where, how much):
Contract renewal with Rust-Off, Inc. for an additional two years per terms
and prices of Bid #96-08 at an estimated annual cost of $31,720.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Contract renewal with Rust-Off, Inc. at an estimated annual
cost of $31~720. Funding from account code -#~i9~.41,44-57'2-52.21.
(6 months ]999 bud_met and 6 months 2000 budget)
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on a~l items involving expenditure
of funds):
Funding available: e~kS' NO~ ~'[~i~ .
~ Funding alternativ ~0~~OOD b ~ (if applicable)
~/~ Account No. '& Description:
~ Account Balance:
City Manager Review:
ApprovedHold Untilf°r: agenda: ~/ NO~
Agenda Coordinator 'Review:
Received:
Ac tio n: App roved/D i s approved
MEMORANDUM
TO: David Harden, City Manager
/,~
FROM: Jacklyn Rooney, Purchasing Supervisor (x-X
THROUGH: Joseph~~ance Director
DATE: February 23, 1999
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
MARCH 02, 1999 - CONTRACT RENEWAL WITH RUST-OFF, INC.
ANTI-RUST CHEMICALS IN CITY IRRIGATIONS SYSTEMS
Item Before Commission:
The City Commission is requested to renew the current contract with Rust-Off, Inc. for an
additional two years per Bid #96-08, at an estimated annual cost of $31,720.
Background:
Bids were requested for Anti-Rust Chemicals in City Irrigation Systems. Bid #99-11. No bids
were received for this service. Documentation on file in the Purchasing Office.
A telephone survey was conducted with the vendors who requested a copy of the bid package.
See attached memo dated February 22, 1999, to Director of Parks and Recreation.
The Director of Parks and Recreation recommends that we renew the current contract with Rust-
Off, Inc., for an additional two years based on results of the telephone surveys as stated in the
February 22, 1999, memo.
Rust-Off, Inc. has agreed to hold their current pricing per their memo dated February 11, 1999.
Recommendation:
Staff recommends the two year renewal with Rust-Off, Inc. of their current price per Bid #96-08
at an estimated annual cost of $31,720. Funding from account code #119-4144-572-52.21.
Attachments:
Memo From Purchasing Supervisor Dated 02/22/99
MEMORANDUM
TO: Joe Weldon, Director of Parks and Recreation
FROM: Jacklyn Rooney., Purchasing Supervisor Q~
THROUGH: Joseph~~ance Director
DATE: February 22, 1999
SUBJECT: Bid #99-11
Anti-Rust Chemicals in City Irrigation Systems
The bid opening for the bid referenced above was held on February 11, 1999. The "Invitation to Bid"
notice was mailed to twenty-one (21) vendors on January 11, 1999. The complete bid package was
requested and picked up by seven (7) vendors. Copy of log attached.
No bids were received for this service. Two (2) "Statements of No Bid" were received. Copies of these
"No Bid Statements" are attached.
I therefore telephoned the other five bidders who requested the complete bid package and inquired as to
why they did not submit a bid. Responses received were as follows:
Feb. 16, 1999 - Iron-Out, Mr. Ed Johnston, 561-642-5294:
"We are not set up for deliveries for your City and medians. We have no traffic control equipment."
Feb. 12, 1999 - Florida Water Processing, Mr. Mark Nelson, 954-772-2129:
"Not able to supply traffic control when servicing these systems (cones, signs, etc)."
Feb. 12, 1999 - Janitors' Supply Outlet, Jeff, 561-582-7844:
"Bid specifications reads must service pump and supply chemicals. We cannot supply pumps and parts
when servicing. We can only supply the chemicals."
Feb. 12, 1999 - Generic Chemicals, 305-829-0571:
I placed several calls to this vendor and they did not respond.
Feb. 11, 1999 - Rust-Off, Inc., Mr. Costello, 800-992-3111:
"I got the bid opening date confused with my current contract extension date. I thought the bid date was
moved to March. We would like to hold our current price of $1.95 per gallon for the term of this new
bid." See attached memo dated February 11, 1999, from Rust-Off, Inc.
In the past when Purchasing has bid this service, we have always received only one bid which was from
Rust Off, Inc. They are our current vendor per our last bid #96-08. Their service is very responsive and
we have not received any complaints.
Purchasing is recommending we renew our current contract with Rust-Off, Inc. at a unit cost of $1.95
per gallon based on our past responses to bids and the responses received for this bid. The current
contract with Rust-Off, Inc. (Bid #96-08) expires on March 05, 1999. This is a two year contract with
an estimated annual cost of $31,720. Copy of the 1996 agenda is attached.
Please review and forward to Purchasing your recommendations and I will forward to Mr. Harden for his
approval for Commission Agenda for March 02, 1999.
If you have any questions, please call me at ext. 7163.
Attachments:
Copy of Bid Package Log
Copies of"Statements of No Bids"
Rust-Off Inc. Memo
1996 Agenda Package
BIDO~RS LIST- BID~ 99--11 DE92_AIPTIOH Anti Rust Chemicals 'In City Irrigation Systems - Annual
Contract
ENGINEER PR£-~ID BID ~m6 3: 00 ;PM
~TE $ H~G ~T~IME n/a ~T~IME ~ursdAy, Feb. 11, 1999
01/29/1999 10:13 7275350973 AQUASURE INC PAGE 01
BEACH
STATF. ME1NT OF NO BID ° ' ° ' ' u ^
-- - 01-29-99A10:45 RCVD
BID # ~99,-, I 1
~fyo~ ~.'rc not bidding on this service/commodity, please complete and return this form to:
City of Delray Beach Purchasing Office, 100 N.W. First Avenue, Delray Beach, Flor/da :33444
or fax to (561) 243-7166.
Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the
City of Dclray Beach.
COMPANYNAME: AQUASURE, INC
ADDRESS: 6399 142ND AVE NORTH SUITE 102 CLEARWATER,FL 33760
TELEPHONE:
SIGNATURE:
DATE:
Minority Owned Business:
( ) Black ( ) Hispanic ( ) Woman ( ) Other na
(Specify)
We, the undersigned have declined to bid on your BID # 99-11
for Anti-Runt Chemicals In City Irrigation Systems - Annual Contract
because of7 following reasons:
· V Specifications too tight", i.e.
geared toward brand or manufacturer ~ Unable to meet
only (explain below) specifications
_ Insufficient time to respond Unable to meet bond
to thc Invitation to Bid requirements
We do not offer this product _~Specifications unclear
or ~n equivalent (explain below)
Our product schedule would Other (specify below)
not permit us to perform
REMARKS:
22
ol-26-ggPO2:44 RCVD · BEACfl
STATE~NT OF NO BID ' ' °,,,," ' ° ^
If you are not bidding on this service/commodity, please complete and return thb form to:
City of Delray Beach Purchazing Office, 100 IN.NV. First Avenue, Delray Beach, Florida 33444
or fax to (561) 243-7166.
Failure to respond may result in deletion of vendor's nzme from the qualified bidder's I~st for the
City of Ddray Beach.
SIGNAl: ~ '
Minori~ Omed Business:
( )Black ( )Hispanic ( )Woman ( )Other
(Specie)
W~, &e undorsigncd have declin~ to bid on your BID ~ 99-11
for Anti-Rust Chemicals In g~ty Irrigation Systems - Annual Contract
b~usc of~c following r~sons:
~S~i~catioas too "tight", i.e.
gcar~ toward brand or manufacturer ~ Unable to mcct
only (explain below) s~ifi~tions
Insufficient time to res~nd Unabl~ to m~et bond
to ~c Invitation to Bid r~uiremcn~
Wc do not offer ~is product ~p~ifi~tions uncl~r
or ~ ~uivaleat (explain below)
Our p~uct sch~ule would ~ O~cr (spcci~ below)
not ~it
22
FE~--11--99 THU 05:2? PM FLA METAL POLISH 487 328 8861 P.01
.... - - ~].1
RUST- INC.
February 11,
City ofDelr~ l~ach
Attn: .Xackie
Pm'elmsing
RE: ANTI-RUST ~C.~f g IN CT['Y IRRIGATION SYSTEMS
TOTAL
Rtm-O~ Inc. ~ under ~ undersl~nding the bid opening waz moved t~ PREVENTION
Marr~ Wc ~ll be ~ld~ &e same ~ice p~l~ ~ 1~8 ~~ch~ AND
$1_9~ ~ ~[~ REMOVAL
100%
~ ENVIRONMENTAL
~d ~ COMMERCIAL
HOTELS
Vi~e ~si~ APARTMENTS
HOSPITALS
AND ALL
OTHED
BUILDINGS
P.O. Box 470730 · Lake Monroe, FL 32747 * (407) 774-4141
FT. LAUDERDALE (305) 720-0457- OTHER AREAS (800) 992-3111
[lTV OF DELRI:IV BEI:I[H
CiTY ATTORNEY'S OFFICE ~,00 $~ ,.,, ^v,~,,,,~,~.,~,~,~,,^¥ ~,~^~., ,~,0,~,,~^ ~444
TELEPHONE 561/243-7090 · FACSIMILE 561/278o4755
DELRAY BEACH Writer's Direct Line: 561/243-7091
F L 0 ~ I D A
Ali.America City
DATE: February 25, 1999
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Settlement Regarding Contractual Matter for Reconstruction of CSX
Grade Crossing at S.W. 10th Street
This matter concerns the construction of a railroad crossing at S.W. 10th Street. The
parties have had an ongoing dispute as to the cost of the above railroad crossing to be
paid by the City. The actual cost of the crossing is $77,074.77 more than that paid by
the City to date ($275,080.96).
In the interests of settling the dispute, a Stipulation of Settlement and Mutual Release has
been negotiated by the parties subject to the approval of the City Commission.
The proposed settlement agreement provides that CSX Railroad will pay $48,574.77 and
the City will pay $28,500.00 of the remaining $77,074.77 that remains unpaid. Our
office recommends approval.
By copy of this memorandum to the David Harden, City Manager, our office requests
that the settlement and release agreement be placed on the City Commission agenda for
March 2, 1999.
cc: David Harden, City Manager
Alison Harty, City Clerk
Richard Stoddard, Esq.
Ed Radson, Florida Department of Transportation
STIPULATION OF SETTLEMENT
AND MUTUAL RELEASE
THIS AGREEMENT is made this ~ day of February, 1999 between the CITY OF
DELRAY BEACH, FLORIDA, (the City); CSX TRANSORTATION, INC., (CSXT) and the
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT).
WHEREAS, the parties to this agreement entered into an agreement dated September 15,
1994 (the Construction Agreement), for the purpose of constructing/reconstructing a portion of
S.W. 10th Street which crosses at grade the State Rail Corridor and CSXT Property at Raih'oad
M P 988.62, FDOT/AAR crossing number 628159H in the City of Delray Beach; and,
WHEREAS, FDOT now owns the corridor and CSXT retains an easement and lnanages
and maintains tile property oll behalf of FDOT; and,
WHEREAS, under the Construction Agreement, the City was to bear certain costs ot~ the
reconstruction; and,
WHEREAS, the original generic cost estimate was in the amount of $255,950.00 which
was subsequently '~pdated with the detailed cost estimate of $386,982.89 m-~d then revised in the
final bill to $352,155.43; and,
WHEREAS, the City has previously paid $275,080.96, which includes the generic
estimated cost plus an approximately 10% contingency factor; and,
WHEREAS, the final actual cost was $77,074.47 higher than the amount previously paid
by the City and is the subject of the dispute between the parties; and,
WHEREAS, the documentation provided indicated that complications related to the
proximity of the Track to 1-95 and to Linton Boulevard caused the project to exceed the generic
cost estimate; and,
WHEREAS, the parties concur that the generic cost estimate is usually aligned inore
closely with the final cost and that this case is an exception to ordinarily accurate generic
estimates; and,
WHEREAS, all the parties agree that in the t'uture, any unique circumstances that could
impact costs, will be more effectively communicated earlier in the project; and,
NOW, THEREFORE, in consideration of the pronfises and covenants herein contained
the parties agree as tbllows:
1. Recitations. The recitations set forth above are hereby incorporated as if fully
set forth herein.
2. Settl[ement Consideration. Of the $77,074.77 that remains unpaid, the City
agrees to pay $28,500.00 to CSXT within thirty (30) days of the date of the final parties'
execution of this Agreement and CSXT shall accept this consideration in full settlement of the
relnaining balances owed by the City under this Agreement. FDOT will work closely with the
City (in the same manner as with all other municipalities) to review any crossing in Delray
Beach that falls within the Safety Dollar Expenditures Program and FDOT will endeavor to
secure Federal Safety Funds to use in the City. FDOT in the future will avoid the use of a
generic estimate' and closely document the estimated costs as well as more effectively
communicate those: costs and any modifications thereto.
, I
2
3. Applicability. This Agreement resolves any dispute as to the construction costs,
but does not modify, or negate the parties' obligations of maintenance and other ongoing
responsibilities under the September 15, 1994 construction agreement.
4. Mutual Release. By signing this Agreement, the parties hereby release each
other for all claims and causes, debts, dues, demands, whatsoever in law or equity that may stem
t¥om this issue of the payment of funds for the construction of the S.W. l0th Street crossing, but
do not release any party fi'om any other ongoing responsibilities under the construction contract
dated September 15, 1994. This mutual release extends to officers, agents, employees,
successors, assigns and insurance carriers.
5. No Admission of Liabilities. The payments and promises set forth herein shall
not be construed as an admission of liability by any party but is made in compromise of a
disputed claim and is paid to avoid litigation and shall be considered to be a full, final and
complete settlemen[.
6. Liens and Claims by Third Parties. CSXT shall hold harmless, defend
and indemnify the City to the extent any third party claims money owed or attempts to collect
money from the City by lien or otherwise, for the construction of the S.W. l0th Street crossing
that was the subject of the dispute and covered under the September 15, 1994 construction
agreement.
3
7. Atlvrney's Fees and Costs; Interest. All parties to this Agreement shall
bear their own attorney's fees and costs. The consideration set forth herein shall not be subject
to interest.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to form:
City Attorney
WITNESS: CSX TRANSPORTATION, INC.
By:
Print Name:
Title:
(Name printed or typed)
(Name printed or typed)
State of Florida
County of
The foregoing instrument was acknowledged before me this day of
, 1999 by (name of officer or agent,
title of officer or agent) of (name of corporation
acknowledging), a (state or place of incorporation) corporation, on behalf
4
of the corporation. He/She is personally known to me or has produced
(type of identification) as identification and did (did not) take
an oath.
Signature of Notary Public - State
of Florida
WITNESS: FLORIDA DEPARTMENT OF
TRANSPORTATION
'~ ~/,~-~,"'~ By:
Print Nanle:
(Name Printed or typed)
(Name printed or typed)
gPPROVED AS
State of Florida
County of /~O~qrd __
The foregoing instrument was acknowledged before me this /~'//h day of
/~'~'/VC./~",~ , 1999 by ~/~ ff~e~Jer (name of officer or agent,
title of officer or agent) of ~D0~ (name of corporation
acknowledging), a (state or place of incorporation) corporation, on behalf
of the corporation. He/She is personally known to me or has produced
(type of identification) as identification and did (did not) take
an oath. ~~ ~~
Signature of Notary Public - State
of Florida
I:ITY OF DELRI:IY BEI:II:H
CiTY ATTORNEY'S OFFICE .w
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali.America City MEMORANDUM
''Il'~lllljr DATE: February26, 1999
1993
TO: City Commission
David T. Harden
FROM: Jay T. Jambeck, Assistant City Attorney~
SUBJECT: De minimis settlement offer for PPC Superfund site.
In 1992, the City was informed that it had arranged for approximately 750 gallons
of used oil to be delivered to the Petroleum Products Corporation (PPC) site, located in
Pembroke Park, Florida, in the mid-1970s. Waste oil is considered to be a hazardous
substance under federal Superfund law (CERCLA, 42 U.S.C §§ 9601-9675). Under the
Superfund provisions, any party who has arranged for the disposal of hazardous
substances deposited at a Superfund site is a responsible party.
Superfund law has been interpreted to provide for strict liability (which means
that a party can be liable without a showing of fault), retroactive liability (which means
that the law reaches back in time to create liability for the disposal of wastes even if the
disposal was lawful at the time it occurred), and joint and several liability (which means
that a responsible party can be liable for all response costs incurred at a site, unless the
party can demonstrate that the harm caused by its waste was "divisible" from the harm
caused by the waste of other parties).
The estimated remaining costs for cleanup of the PPC site are in the range of
$17.7 million to $27.7 million. Over $7 million has already been expended by EPA and
a group of Potentially Responsible Parties (PRP group) who joined together to effectuate
a cleanup.
In August of 1995, the City Commission voted to not enter into the Cooperative
Party Agreement for $22,133.34 which would have made the City a member of the PRP
group. (A July 25, 1995 memo from former Assistant City Attorney David Tolces is
attached as background).
The PRP group has named the City of Delray Beach, among 2,000 other parties,
in a lawsuit filed in December of 1994 in the United States District Court for the
Southern District of Florida. The case has been stayed, however, so that the PRP group
could offer "de minimis" settlements to those potentially responsible parties who
qualified. In order to qualify for a de minimis settlement, the party must have sent no
more than 100,000 gallons of waste oil to the PPC site.
The City has received a de minimis settlement offer from the PRP group and the
EPA. The settlement offer contains two settlement options which the City may choose
between.
The first option allows the City to pay a lesser amount, but the City receives less
protection from contingencies that may push the costs of cleaning the PPC Site higher.
The second option requires a larger payment, but provides the City with increased
protection from future liability.
Option 1:
Option 1 requires the City to make a payment of $1~925.17 ($1,810.00 to the
PRP group, $62.17 in interest to the PRP group and $53.00 for state administrative
costs).
Option i contains the following Benefits:
a. The City will no longer be regarded as an active PRP at the PPC site;
b. The City will receive protection from the Unites States from lawsuits brought
under the Superfund statute by any other person who might have a claim for
Superfund response costs at the PPC site;
c. The City will receive a covenant from the United States, EPA and the Florida
Department of Environmental Protection that the City will not be sued and/or
pursued administratively by these parties under the Superfund statute for the
City's contributions to the PPC site, subject to certain reservations of rights;
d. The PPC PRP group has agreed to dismiss the City from the lawsuit brought
by the group upon payment of the settlement amount.
Option 1 contains the following Risks:
a. If the City accepts the Option 1 settlement, it must certify under oath to the
United States that it has conducted a thorough, comprehensive, good faith, search
for documents and that it has fully and accurately disclosed to EPA all
information known to it regarding the City's connection to the PPC site. The
City must also certify that the volume attributed to it should not be higher based
on any documents in its possession, or any information known to it at the time of
the certification.
b. Option 1 contains a volume reopener clause which would allow the City to
again become liable for response costs if additional evidence shows that the City's
volume of oil sent is increased by 10% or 500 gallons, whichever is greater.
c. Option 1 contains a site cost reopener clause. This clause would subject the
City to liability if the response costs associated with the Site exceed $29 million
dollars.
d. The site reopener could occur at any time within the next 20 years if the
response costs exceed $29 million.
Option 2:
Option 2 requires the City to make a payment of $4~575.17 ($4,460.00 to the
PRP group, $62.17 in interest to the PRP group and $53.00 in state administrative
costs).
Option 2 contains the following Benefits:
a. The City will no longer be regarded as an active PRP at the PPC site;
b. The City will receive protection from the Unites States from lawsuits brought
under the Superfund statute by any other person who might have a claim for
Superfund response costs at the PPC site;
c. The City will receive a covenant from the United States, EPA and the Florida
Department of Environmental Protection that the City will not be sued and/or
pursued administratively by these parties under the Superfund statute for the
City's contributions to the PPC site, subject to certain reservations of rights;
d. The PPC PRP group has agreed to dismiss the City from the lawsuit brought
by the group upon payment of the settlement amount.
e. Because Option 2 involves a higher payment than Option 1, it does not contain
a site cost reopener. In other words, no matter what it costs to cleanup the PPC
site, the City will not have to pay any more money for that purpose.
Option 2 contains the following Risks:
a. If the City accepts the Option 2 settlement, it must certify under oath to the
United States that it has conducted a thorough, comprehensive, good faith, search
for documents and that it has fully and accurately disclosed to EPA all
information known to it regarding the City's connection to the PPC site. The
City must also certify that the volume attributed to it should not be higher based
on any documents in its possession, or any information known to it at the time of
the certification.
b. Option 2 contains a volume reopener clause which would allow the City to
again become liable for response costs if additional evidence shows that the City's
volume of oil sent is increased by 10% or 500 gallons, whichever is greater.
Recommendation:
It is recommended that the City approve Settlement Option 2, as such option
provides protection from liability for costs at the PPC site if the amount of cleanup costs
exceeds $29 million. For an additional $2,650 the City protects itself in the event that the
costs overrun the budgeted $29 million. Furthermore, as opposed to the proposed
Cooperating Parties Agreement which the City Commission rejected in 1995, the City
will not be requested to contribute any additional funds, subject only to the volume
reopener clause outlined above.
If the City were to choose Option number 1 or neither Option, the City could find
itself involved in "complex, multi-party litigation." See Lynette Boomgaarden &
Charles Breer, "Surveying the Superfund Settlement Dilemma," 27 Land & Water L.
Rev. 83, 86 (1992). "Often taking years to complete, complex multi-staged, multi-party
[Superfund] actions lead to astronomical transactional/litigation costs which drain both
public and private sector resources." Id. at 91.
Although selection of Option 2 does not insure that the City will never face any
future liability regarding the PPC site, such future litigation is highly unlikely in that
Settlement Option 2 greatly reduces the City's current exposure for the cleanup costs at
the Site and appears to be the City's best option available.
At this time, our office seeks direction as to whether the City should enter into
the de minimus settlement agreement and, if so, which option should be selected. Please
place this item on the agenda for the March 2, 1999, City Commission meeting.
Please call if you have any questions.
Attachment
cc: Alison MacGregor Harty, City Clerk
Susan Ruby, City Attorney
£1TY OF DELAI:IY BEA£H
CITY ATTORNEY'S OFFICE TM
FACSIMILE 407/278-4755 Wfi~r's Direct L~e: (~7) 243-7~
DELRAY BEACH
AIl.~d~ Ci~ ~MO~~
1993
TO: Ci~ Co~ssion
FROM: David N. Tolces, Assis~nt Ci~ A~o~'~e~
S~JECT: ~etrole~m ~oducts Supcr~nd Site Cooperating Pa~ A~eement
The City Attorney's Office was presented with a proposal to enter into an agreement
with other entities involved in the clean-up of the Petroleum Products Superfund Site in
Pembroke Park, Florida. A contractor hired by the City allegedly sent approximately
750 gallons of used oil to the site in the 1970's; however, under the current law, the
City is a responsible party. At this time, parties who contributed substantially more
waste oil to the site than Delray Beach have organized a Cooperating Parties Group in
order to work with the United States Environmental Protection Agency (EPA) to recover
the used oil and remedy the problems at the site.
At this time, our office requests that the City Commission give direction as to whether
the City should enter into the Cooperating Parties Agreement. The initial cost to join the
group is $22,133.34. This cost will cover initial cleanup and all administrative fees.
The concern that the City Attorney's Office has with the agreement is that there is no
guarantee that the City's contribution would be limited to the initial payment. It is
possible that the group could request that the City contribute additional funds. Under the
terms of the agreement, if the City chose not to contribute additional money, the City
could be removed from the group and lose its initial contribution. Furthermore, even if
the City entered into the agreement, there is no guarantee that the EPA would not still
seek recovery costs in addition to what the City initially paid.
Consequently, the City Attorney's Office cannot recommend entering into this
agreement. Due to the small quantity of oil the City contributed, the uncertainty of the
Cooperating Group's finances, and the possibility of future litigation, the benefits to
entering into the agreement appear minimal. Outside environmental law counsel in
Washington, D.C. concur with our assessment.
Printed on Recycled Paper
City Commission
July 25, 1995
Page 2
In light of the foregoing, our office recommends that the City Commission reject the
Cooperating Parties Agreement at this time. Please. place this matter on the August 1,
1995 consent agenda for City Commission consideration. Please call if you have any
questions.
DNT:smk
cc: David T. Harden, City Manager
Alison MacGregor Harry, City Clerk __
petro-2.dnt
[ITY (IF DELRrI¥ BErlCH
CITY ATTORNEY'S OFFICE ~oo ,,,w ,~, ^v,~,,,,~,~. ,~,~,.,,^,, .,~^~., ,~,~o,,,,~^ ...
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH Writer's Direct Line: 561/243-7091
Ali.America City
1993 DATE: February 26, 1999
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Tate - Offer of Judgment
I have received the attached letter from Bill Doney regarding his recommendation of
jointly making an offer of judgment with the Lake Worth Drainage District in the amount
of $200,000.00, with the Lake Worth Drainage District contributing $100,000.00 and the
City contributing $100,000.00. This offer does not include attorney's fees and costs. If
Mr. Tate rejects the joint offer, and the jury awards an amount equal to or up to the
offer, the City and the Lake Worth Drainage District will not be liable for attorney's fees
and costs expended after the date of the rejection. If Mr. Tate accepts the offer, the
litigation will be over except for the determination of attorney's fees and costs. Our
office concurs in Mr. Doney's recommendation of making a joint offer of judgment.
By copy of this memorandum to David Harden, City Manager, our office requests this
m~e March 2, 1999 agenda.
SAR:~ V
cc: David Harden, City Manager
Alison Harty, City Clerk
Bill Doney, Esq.
Mark Perry, Esq., LWDD
Law Offices
VANCE & DONEY, P.A.
$UITB 200, BAR]~'~.$ IIUI~DI~O
1615 FORUM PLACE
~T P~M B~CH, ~O~A
J~es W. V~ce Tel~hone ~61) 684-5544
W~H~ P. Do~ Fa,simil~ (561) 684-083~
B. Dougla~ MacGibbon
Februar~ 25, 1999
Susan Ruby
city Attorney
City of Delray Beach
200 N.W. First Avenue
Delray Beach, FL 33444
Re.: Tate~ Trustee vs. City of De..1 .z~y Beach
Dear Susan:
As you are aware, the above-referenced litigation continues with a
trial date currently scheduled in August or 'September of this year.
The primary matter at issue is the amount of full compensation to
be paid to Mr. Tats. The proper measure of. full compensation is
the reduction in valde of the subject prope/~ry due to the alleged
loss of access. The court has previously determined that the loss
of access was the joint responsibility of the City of Delray ~each
and Lake wot.th Drainage Dis~ricto ..
AS you are also aware, settleme.nt efforts 'fn the past have proven
unsuccessful. Based upon a meeting that .we had recently with
representatives of the Lake Worth Drainage,District, it was agreed
that it is advisable to file a written Offer of Judgment in the
pending litigation. The tactical reason for' filing such an Offer
is that if the Defendant (Mr.. Tats) does no% accB~t the Offer
within thirty (30) days after service, and the Judgment obtained by
the Defendant is equal tm or less than such Offer, the. n the court
shall not am,i~rd any costs' incurred by said Defendant after the date
the Offer of Judgmen~ was rejected.
It is my understanding that the Lake Worth Drainage District has
authorized tlhe sum o'f $100,000.00 to be offered to Mr. Tats as its
share of a proposed Offer of Judgment, I wo~ld recommend that the
City Commission likewise authorize the sum of $100,000.00 so that
a joint Offer of Judgment in the sum of $200,000.00 may be made in
the near future. This Offer would be exclusive of Mr. Tare' s. costs
and attorneys' fees in the litigation. Th~ costs and a=torney~'
fees are no doubt substantial. Nevertheless, I recommend that the
/:0:lOep~. O Co.
02/:>5/99 THU 17:00 [TX/RX NO 5460]
Susan Ruby, City Attorney
City of Delray Beach
February 25, 1999
Page 2
City Commission proceed to authorize the making of the offer of
Judgment upon the terms and conditions as set forth above.
Please feel free to contact me if you have any questions or
comments concerning this matter.
Sin erely
Willzam P. Doney U
WPD/ks
02/25/99 TItU 17:00 ITl/RI NO 54601
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MJ~AGER~
SUBJECT: AGENDA ITEM #-- --'~J - REGULAR MEETING OF MARCH 2, 1999
APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY
DATE: FEBRUARY 26, 1999
Thaddeus Cohen and Tommy Stevens have resigned from the Delray
Beach Housing Authority, creating vacancies to fill an unexpired
term ending July 14, 2002, and July 14, 2001, respectively.
Per statute, an appointee may not be an officer or employee of
the City. Further, each housing authority must have at least one
member who is a resident, current in rent, of the housing project
or a person of low or very low income who resides within the
housing authority's jurisdiction and is receiving rent subsidy
through a program administered by the authority. The resident
member requirement is currently met.
The following have submitted applications for consideration:
Alfred Etienne
E1 pagnier Hudson
Jeanette Slavin
Pursuant to Commission direction, a check for code violations
and/or municipal liens was conducted. None were found.
According to Florida Statutes, members are appointed by the Mayor
and ratified by the Commission. However, at the City Commission
meeting of June 5, 1991, a consensus was reached whereby each
Commissioner would, on an informal basis and according to the
rotation procedure, make a recommendation to the Mayor as to
Housing Authority appointees.
Based on this system, the appointments will be made by Mayor
Alperin (Seat #5) to fill an unexpired term ending July 14, 2002,
and Commissioner Schmidt (Seat #1) to fill an unexpired term
ending July 14, 2001.
Recommend appointment of two regular members to the Delray Beach
Housing Authority.
ref:agmemo5
~ CITY OF DELRAY BEACH
~l111 BOARD MEMBER APPLICATION
1993
Please type or print the following information:
12. Home Adiimss: ] ~ii~ Stat~ Zip Code
[ 3. Legnl Resid~n,ce State Zip Code
5. Home Phone: ( $~1 )
6. W~ Boar~(s~ar~ you j~teres,ted ~rviqS?
u ,
7. List all City Boards on which_you ar~ currently serving or have previously~:~.ed.'.(Please include dates)
£~)ona, qualifications:
9. L's.i,!l.any related professional certifications and licenses which you hold:
10.,~Tri~e your present, or most recent employer, and position:
i !. Describe expeuences, skiiis'~l:"knowiedge which qualify you to serve on this board: (Please attach a brief resume)
I hereby certify that all the above statements are true, and I agree and understand that any
misstatement of material facts contained in this application may cause forfeiture upon my part of
any appointment I may receive.
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
~C IT'YC L ERK~ uO ARI::r~PL lC ATION
311 Sterling Avenue
Delray Beach, FL 33444
November 26, 1998
Pat Warren
Executive Assistant
Clerk Office
100 NW 1 Avenue
Delray Beach, FL 33444
Dear Ms. Warren:
I would like to acknowledge with thanks your invitation for my participation on the
Planning and Zoning Board. It immediately caught my attention because your
interest welcomes me to this Democratic Society.
To cite some of my works that would contribute to the Board, I belong to several
organizations that help create vital neighborhood involvement. I am an active
ally to the Delray Beach Police Departent forming a collaboration, which identifies
and solves community problems. Also as a Roving Patrol member, I assume an
active role of guardian of law and order enhancing the safety and quality of life in
Delray Beach.
I am confident that my life experience and my ability to work well with others
qualify me for this position. After you have examined the enclosed application, I
would be happy to answer any questions about my qualifications. Please call me
to arrange an interview at your convenience so that we can discuss on how I can
contribute to the City's Planning and Zoning Board.
Sincerely,
_~. /'
Enclosure
DELRAY BEACH
~ CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print ~he followins .izff,o,.rmation:
1. Last Name: -]--L _f,. Name -'--- ) Middle Initial
2. Home AddreSs: .-,.,-~_ .
3. Legal Residence City State Zip Cod~
Principal B_usiness Addr,~.ss: City State Zii~Code
~. Home ~hone: (,_~/) 2 ~ Z-'-/'~O_iB~ness Phone: (~p')'-6~ ~t'"' '~8~" 7_
6. Wh,~ Board(s} are you, j~jt_erested jn servins?
7. List all City Boards on which you are currently serving or have previously served: (Please include dates)
I 1. Describe exPeril;nces, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
I hereby certify that all the above statements are true, and I agree and understand that any
misstatement of material facts contained in this ~applicatio. n~ may cause forfeiture upon my part of
.ore: This apPlicatiOn will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
~C ITYCLF..R~.OAR.D'.,A.P~[.IC AT'ON
~mWWM~U ~H~KIFF'S OFFICE (9~4] 321-4512
El pagnier Kaye McCants.Hudson
201 $outl~west 9 Street
Delray Beach, Rorida 33444
5~1-272-4703
EDUCATION
August, 1 g90 Mseter of Applied $ociml $clencN in Public Administration
Florida A&M University,, College of Graduate Studies
Tallahassee, Florida
April, 1988 Bachelor of Science Degree in Business Economics
Cum Leude, Florida A&M Univ.'airy, College of Arts & Sciences
TaIlahassee, Florida
PROFESSIONAL EXPERIENCE
January. 1996 - Present
Browerd County Sheriffs Office, Ft. Lauderdale, Flodda. Human Resourc~ Ana~st
Responsii~le for full.time professional project management and administrative work in the
Assessment arx:l Recruitment Division of the Browa~ Sheriff's Office (Human Resources Division)
involving the careful credential review of applications and resumes for employment in specific job
classes; project management responslt~llities of various job classifications and determinations of
appropriate qualit'~catiort criteria f~r employee select;on; coordinating and attending meetings for
special recruitment and testing; preparation of defensible assessment components in compliance
w~th Federal Regul~tione, Un~form Guidelines and ADA legis[ation; test developme'~t, item analysis,
;es: administration, proctoring and scodng. Aclditlonal responsi0ilities include research, report
preparaticn, and extensive rep=rt prasenta~ion of issues raga-ding Law Enforcement hi.lng trends,
applicant processinG research, drafting of responsive correspondence; facilitation of promotional
examination review sessions; admlnistrabon of rater/assessor training courses; administration of
employabillty worl~shops; Assessment and Recruitment Section presen~tto~ oi Human Resources'
role in BSO to Citizen Service Academy classes.
May 19~3- January, 1996
Brow'aM County Personnel Division-Board of County Commissioners, .ct. Lauderdale, Florida
Human Resources Analyst. Responsible for full-time professional administrative work in the
Recruitment Division of Broward Ccunly Pe,-sonnel involving the careful credential review of
applications and resumes for emp!oyment in specific job classes; Career counseling; preparation
and submission of monthly, annual an;] statistical rep~s. Additionally responsible for conducting
panel interviews as part of t~e q~alification process of eligible tist establishment; attendirg meetings
for special recruitment and testin~i prep.ration of defensible assessment components !n
~ompliance with Federal Regulations, Uniform Guidelines and ADA legislation; Ex~ens~ve research
in job analysis to fac~itate test deve!opment and administration whic,n included proctoring,
determining appropriate passing levels and scodng; Draffing of responsive correspondence and
other related duties.
December 1990 - April, 1993
Florida A&M Univemity College of PherTIliCy and Pharmaceutical Sclenm-Mlemi Cempul,
Miami, Flotilla. ~9~rdinator of Student Affairs. Responsible for recruitment registration and
counseling of graduate students In programs offerecl on the Miami Campus; Securing user
~rivlleges in the Medical Center ama fc, r students; Attending career fairs and seminars to recruit
students ~r non-traditional program; Providing viable information for housing and financial aid
assistance/sources to students as needed; Monthly and annual report preparation and submission;
Preparation and submission of end of semester grades; Drafting and submission of
corres;~ondenca; Team efforts toward grant procurement for program funding and enhancement.
Responsible for creating program brochures, relocation pamphlets, program information ~yers and
-elated marketing materlaJs ~ the exposure and image-building of the Miami Campus; Coordinating
the annual orientaaon reception for new students; Coo~lnating the annual 'End of Year' Luncheon;
Presentation of Employability Workshop at the end of each academic year. Additionally carrying
out all adminislrative duties associated with pro§ram implementation.
~e~ uU 85 08:37a BROWRRD SHERIFF'S OFFICE (954) 381-4512 p.3
El pagnler K. Hudson
Page two
Profeaeionel Experience lcont)
January, 1990 - June. lgg0
Leon County Division of Social Service~.lr~mmehip (paid). Responsible for researching,
procuring end compiling information to prepare · Manual of'Divisions of Social Services throughout
the State of Florida.' Additional responsibilities included review of app!ical~ons for grant funds
dispersed by the Leo~ County Division of Social Services to agencies in Leon County end
surrounding cities. Budget analysis and presentation were critical a~pects of internship experience.
November, 1988- July, 1990
Florida A&M Univemity, College of Pharmacy and Pharmaceutical $clertcea-Tallahassee,
Florida. Research Assistant. Responsible for reseamhing topics for publication a,,~d writing
proposals (wholh/and sections) for grant funds. Research projects included, I~ut were not limited
to, trends on post graduate students pursuing degrees in the pharmaceutical sciences, minority
students in pharmacy locally and nationally end success of students involved in pharmaceutical
sciences as opposed to o~er disciplines. The Dean of Research & Development used It~se finding
to procure funds for the College of Pharmacy. Additional responsibilities involve~ planning and
coordinating annual conventions, locally and nationally. Coordinating Exhibit Shows of major
pharmaceutical industry organizations at national pharmacy meeti~,gs. Extensive public relations
and coordination were involved.
Professional Papem
November, 1988 Prol:~sal Submissior~: "Effects of Derncgraphic Shifts on Post-secondary Educa'.ion," ranked eight
~8) o,~*t of five-hundred (,500) proposals submitted for funding cf an invited lecturer.
SKILLS
Planning, Development & Implementation Career Counseli.~g
Research & Rep~rtin9 Promotional & Open Competitive Test Development
Convention Pla.~ning Public Speaking & Presentation
Test Development Employability Skills Wod<shops
Exhibition Trade Shows
Computer Experience
DisplayV~/dte II1, IV, V
WordPerfect 5.0, 5.1,6.0
Applicant TracKing Sys:em (TRAC)
Database III Plus
GroupV~se (Windows Appl[cation}
Windows
PageMaker 3.0, 4.0, 5.0
Lotus 1-2-3, Excel
SPSS
Harvard Graphics
DOS
MEMBERSHIPS
Personnel Selection Coundl (Vice President of Publications)
II~tamat~onal Personnel Management Association
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/
SUBJECT: AGENDA ITEM ~'~.\--- REGULAR MEETING OF MARCH 2, 1999
APPOINTMENTS TO THE BOARD OF ADJUSTMENT
DATE: FEBRUARY 26, 1999
Perry DonFrancisco has submitted his resignation as a regular
member on the Board of Adjustment, creating a vacancy to fill his
unexpired term ending August 31, 1999. In addition, we have two
vacancies for alternate members to fill unexpired terms ending
August 31, 1999.
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 following have submitted applications for consideration:
Daniel T. Davis - ~P.0~L ~
Bernard Federgreen
Leo Koppman
Cheryl Lee-Bennett
Benjamin F. Ricker III
Randee S. Schatz -- ~90d~o~/~~ b~
Kevin Warner
Pursuant to Commission direction, a check for code violations
and/or municipal liens was conducted. None were found.
Based on the rotation system, the appointment of a regular member
will be made by Commissioner Archer (Seat #2) and the appointments
of alternate members will be made by Commissioner Ellingsworth
(Seat #3) and Commissioner Randolph (Seat #4).
Recommend appointment of a regular member and two alternate
members to the Board of Adjustment, all to fill unexpired terms
ending August 31, 1999.
ref: agmemo3
~o,,.~ ~.~ ~,~.!c^T~o~
ilOtIZ AD~ILESS (St:eet, C:~ty, Z~l~ Code) (LEGAL IL~SL~I~CE)
LIST ~ Cl~ BO~S ON ll~ IOU ~ ~Y SgV~G Ol gVl P~IOUSL~
~o,~ t ...........
Lc~ I~
~/90
u.~/i:.wl.~'.~ [~D: 55 5~12799[~.::9 I~\/I$ HOMES, IIIC
, ~ CITY OF DEL~Y BEACH
BOAR~ MEMBER AP~LICAIION
Ple. a~ ~e follo~:~g i,n.for~afiou:
Oz/) (.,<,,/) ~,~-..~-~
· l."i'st all City B~erds on_which you ~ C~ently sc~in8 or h~v, ~viously ~: (Ple~ include ~t~s)
10. Give z~our pre~ent, or most recent employer; and pos.~n: /
I 1. Describe e.xpetienc~, skills or knowledge which qu~lif'y you to s~-ve on this bo~l: (PIe-~se at~:h I brief'resume)
$ herel~y certify that ell the above statements ere true, end ! agree end unff'e~Mnd'thet any
misstatement of material f~cts contained in this appliceUon may c~use forfeiture upon my pert of
any ~l~olntmen~~celve.
' Note: This application will remain on file in thc City Clerk's Office for a period of 2 years from the date it was
submined. It ~.'ill b~ the applicant', responsibility to emare ~at a cm'r~nt ~pplication is on file.
[lTV DJ: I]ELflI:iY BEI:I[H
CITY ATTORFIEY'S OFFICE .w., ...
TELEPHONE 561/243-~a'~I~ ~755
DELRAY BEACH
~ ~MO~D~
ll~ C~
]993 TO: City Co~ission -
~ROM: R. Brian Shu~, Assismn~ City A~orney
SUBJBCT: Woods of Sou~idge Special Assessmem Dis~ric~ - ~inal Resolution
Adopfin~ ~sessmem Boll
The Woods of Sou~idge Dis~ric~ was established in order ~o defray a portion of ~he cos~
for the up~rade of the concrete roads ~o asphalt roads wkhin th~ District as shown on the
a~mched map. The Cky will have ~h¢ ~mr~ maintenance r~sponsibilifies for the roads
shown on the map. The Cky adopted a prel~inary assessmem roll on ~ebmary 17,
19P8, se~fing forth an estimated assessmem amoum of $P32.06 per lo~.
The ~oml cos~ for the reco~t~ction of ~e roads was $241,141.37. The Association
comribu~ed $~,473.82. This leaves $106,090.90 ~o be collected from the 139 parcels.
Based on these numbers, the final assessmen~ for each lo~ is $?63.24. ~or property
owners who own more than one loL the assessmem is multiplied by the number of lo~s
owned.
The property owners will then have 30 days to pay the assessment in one lump sum.
The property owners may also pay the assessment in ten annual installments at an
interest rate of 8%. The City's Finance Department will administer the collection of the
assessments.
By copy of this memorandum to David Harden, City Manager, our office requests that
this item be placed on the March 2, 1999 City Commission agenda. Please call if you
have any questions.
Attachments
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Randal Krejcarek, City Engineer
RESOLUTION NO. 15-99
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR
THE CERTIFICATION AND ADOPTION OF THE
FINALIZED ASSESSMENT ROLL FOR THE WOODS OF
SOUTHRIDGE SPECIAL ASSESSMENT DISTRICT TO
INCLUDE THOSE PROPERTIES WITHIN THE
SOUTHRIDGE PLAT LOCATED GENERALLY ON
SOUTHRIDGE ROAD, S.W. 8TM AVENUE, SUNDY
AVENUE, ELLA STREET, BESSIE STREET, DOUGLAS
AVENUE, ZEDER AVENUE AND BENJAMIN AVENUE, AS
MORE FULLY DESCRIBED HEREIN; PROVIDING FOR
THE METHOD OF PAYMENT OF ASSESSMENTS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 17, 1998, the City Commission
adopted Resolution No. 15-98, pursuant to Florida Statute
Section 170.06, which established the preliminary assessment
roll based on an estimated cost of the roadway improvement at
$275,456.00. Approximately one-third of the cost will be paid
by the City of Delray Beach, and approximately two-thirds will
be paid by the property owners in the District and the Woods of
Southridge Homeowner's Association, Inc., as set forth in .an
agreement for roadway improvements entered into between the
Association and the City; and
WHEREAS, the District will include all those
properties listed on the assessment roll which is attached
hereto as Exhibit "A", and as shown on the map attached hereto
as Exhibit "B"; and
WHEREA~, the total project cost for the roadway
improvement is $241,141.37; and
WHEREAS, the property owners and the Woods of
Southridge Homeowner's Association shall pay $156,985.28; and
WHERF2%S, pursuant to the agreement, the Association
contributed $55,473.82 to defray construction costs; and
WHEREAS, the remaining amount of $101,511.46 will be
assessed against the property owners in the District; and
WHEREAS, each property owner shall be assessed on a
lot by lot basis the amount indicated on the assessment roll as
provided by Exhibit "~'; and
WHEREAS, each property owner may pay their assessment
in one lump sum no later than thirty (30) days following
certification of the final assessment roll; and
WHEREAS, each individual property owner may pay the
assessment in ten (10) annual installments at an interest rate
of eight percent (8%), as indicated on the amortization tables
attached hereto as Exhibit "C"; and
WHEREAS, the owner of each parcel within the District
for which an assessment is levied shall thereafter be
responsible for payment thereof; and
WHEREAS, the cost of the road construction is equally
distributed among the assessed properties on a per lot basis and
bears a rational relationship to the benefits received by the
properties assessed; and
WHEREAS, pursuant to Florida Statute Section 170.07,
the property owners have been given thirty (30) days notice of
the. public hearing and notice of the public hearing has been
given by two publications a week apart in a newspaper of general
circulation in Palm Beach County; and
WHEREAS, pursuant to Florida Statute Section 170.08, a
public hearing has been scheduled for March 2, 1999, in which
the governing authority will meet for final consideration of the
special assessment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CIT~ OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of
Delray Beach, Florida, following a duly noticed public hearing,
does hereby adopt the above recitals as if fully set forth
herein.
!! Res. No. 15-99
Section 2. That the City Commission of the City of
Delray Beach, Florida, hereby adopts and certifies the final
assessment roll for the Woods of Southridge Special Assessment
District, as set forth in Exhibit "A" which is attached hereto
and incorporated herein.
Section 3. That this resolution shall become
effective immediately upon passage.
P~SED AND ~OPTED in regular session on this the 2nd
day of March, 1999.
ATTEST:
~ity-Cl~k ;
3
Res. No. 15-99
WOODS OF SOUTHRID~E
. SPECIAL ASSESSMENT DISTRICT
DECEMBER 22, 1998 ~
(REF:4Z~
SUBDIVISION= 01 ASSESSMENT= $ 4,579.44
BLOCK: 031 LOT: 0020
PROP-ADDRESS: 905 SOUTHRIDGE RD
VALEX APTS INC LEGAL:
301 NE 23RD WAY SUB OF SEC 20-46-43
BOCA RATON FL S 153 FT OF W 1/2 OF E 1/2 OF
LOT 31 & SOUTHRIDGE PB13P38
33431 LOTS 10 TO 15 INC BLK 18
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 005 LOT: 0170
PROP-ADDRESS: DOUGLAS AVE
ORTIZ EUGENIO & LUCY E LEGAL:
1120 6TH AVE SW SOUTHRIDGE
DELRAY BEACH FL LT 17 BLK 5
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 005 LOT: 0180
PROP-ADDRESS: DOUGLAS AVE
VENEGAS JOE & MARY L LEGAL:
1115 SW 7TH AVE SOUTHRIDGE
DELRAY BEACH FL LT 18 BLK 5
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 005 LOT: 0190
PROP-ADDRESS:
VENEGAS JOE & MARY L LEGAL:
1115 SW 7TH AVE SOUTHRIDGE
DELRAY BEACH FL LT 19 BLK 5
33444
EXHIBIT "A"
[1]
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
DECEMBER 22, 1998
(REF:4Z')
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 005 LOT: 0200 ,
PROP-ADDRESS:
VENEGAS JOE & MARY L LEGAL:
1115 SW 7TH AVE SOUTHRIDGE
DELRAY BEACH FL LT 20 ~LK 5
33444
SUBDIVISION: 13 ASSESSMENT: $ 1,526.48
BLOCK: 005 LOT: 0210
PROP-ADDRESS: DOUGLAS AVE
SUAREZ FERNANDO LEGAL:
1122 SW 7TH AVE SOUTHRIDGE
DELRAY BEACH FL LTS 21 & 22 BLK 5
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 006 LOT: 0010
PROP-ADDRESS: 2448 DOUGLAS AVE
TODD DOUGLAS F & P J FOLEY & LEGAL:
ANN T FOLEY & MAURA POLICHANO SOUTHRIDGE
2448 DOUGLAS AVE LOT 1 BLK 6
DELRAY BEACH FL
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 006 LOT: 0020
PROP-ADDRESS: 2470 DOUGLAS AVE
PERRY VERONICA M LEGAL:
'~ DOUGLAS AVE SOUTHRIDGE
!~AY BEACH FL LOT 2 BLK 6
~444
(2)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT.
DECEMBER 22, 1998 '
(REF:4Z9
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 006 LOT: 0030
PROP-ADDRESS: 2474 DOUGLAS A~E
DEEGAN BRIAN R LEGAL:
2474 DOUGLAS AVE SOUTHRIDGE
DELRAY BEACH FL LOT 3 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 006 LOT: 0040
PROP-ADDRESS: 2482 DOUGLAS AVE
STERN DAVID A LEGAL:
2482 DOUGLAS AVE SOUTHRIDGE
DELRAY BEACH FL LT 4 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 006 LOT: 0050
PROP-ADDRESS: 2488 DOUGLAS AVE
TAYLOR VIRGINIA L LEGAL:
2488 DOUGLAS AVE SOUTHRIDGE
DELRAY BEACH FL LT 5 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 006 LOT: 0060
PROP-ADDRESS: 2496 DOUGLAS AVE
JOHNSON MARSHALL C & MARY K LEGAL:
2496 DOUGLASS AVE SOUTHRIDGE
DELRAY BEACH FL LOT 6 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 006 LOT: 0070
PROP-ADDRESS: 15764 SW 8TH AVE
STILES MARY LEGAL:
1516 NE 17TH AVE SOUTHRIDGE
FT LAUDERDALE FL LOT 7 BLK 6
33304
(3)
WOODS OF SOUTHRID~E
SPECIAL ASSESSMENT DISTRICT
DECEMEER-~2, 1998
~E~4Z~
SUBDIVISION: 13 ASSESSMENT: $ 763.24 '
BLOCK: 006 LOT: 0080
PROP-ADDRESS: 2475 SUNDY AVE
DONAHUE PAUL P LEGAL:
2475 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 8 BLK 6
33444 ~
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 006 LOT: 0090
PROP-ADDRESS: 2471 SUNDY AVE
EWING CHARLES M JR & CAROL A LEGAL:
2471 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 9 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 006 LOT: 0100
PROP-ADDRESS: 2463 SUNDY AVE
MATIAS JOSE A & AMELIA D LEGAL:
2463 SUNDY AVE SOUTHRIDGE
DELPJ%Y BEACH FL LOT 10 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 006 LOT: 0110
PROP-ADDRESS: 2457 SU1N-DY AVE
D'ADDIO WILLIAM H LEGAL:
660 LINTON BLVD # 104 SOUTHRIDGE
DELRAY BEACH FL LT 11 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 006 LOT: 0120
PROP-ADDRESS: 2449 SUI~DY AVE
KELLY ELAINE K LEGAL:
2449 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 12 BLK 6
33444
(4)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
DECEMBER 22, 1998
(REF:4Z')
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 006 LOT: 0130
PROP~ADdRESS: 2443 SUNDY AVE
MILLER BARBARA L LEGAL:
2443 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 13 BLK 6
33444 ,~
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 006 LOT: 0140
PROP-ADDRESS: 2437 SLIN-DY AVE
GAUDREAU STEVEN C & HEIDI E LEGAL:
2437 SIINDY AVE SOUTHRIDGE
DELRAY BEACH FL LT 14 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 006 LOT: 0150
PROP-ADDRESS: 2429 SUNDY AVE
STEWART PAULA M LEGAL:
2429 SUN-DY AVE SOUTHRIDGE
DELl{AY BEACH FL LOT 15 BLK 6
33444
SUBDIVISION: 13 ASSESSME1TI: $ 763.24
BLOCK: 006 LOT: 0160
PROP-ADDRESS: 2425 SUNDY AVE
D ' CRUZ FERDINAND & HERMOINE LEGAL:
2425 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 16 BLK 6
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 006 LOT: 0170
PROP-ADDRESS: 2417 SUNDY AVE
GUASTELLA CONJAILA t~ LEGAL:
2417 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 17 BLK 6
33444
(5)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
DECEMBER 22, 1998
(REF:4Z')
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 006 LOT: 0180
PROP-ADDRESS: 2409 SUN]DY AVE
ALEXANDER MICHAEL C & MICHELE LEGAL:
2409 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LT 18 BLK 6
33444 "~
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 007 LOT: 0060
PROP-ADDRESS: 2406 SUNDY AVE
SILVA ROBERT E LEGAL:
2432 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LT 6 BLK 7
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 007 LOT: 0070
PROP-ADDRESS: 2410 SUNDY AVE
SILVA ROBERT E LEGAL:
690 SUN-DY AVE SOUTHRIDGE
DELRAY BEACH FL LT 7 BLK 7
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 007 LOT: 0080
PROP-ADDRESS: 2414 SUNDY AVE
SILVA ROBERT E LEGAL:
~90 SUNDY AVE SOUTHRIDGE
DELP~AY BEACH FL LT 8 BLK 7
33444
(6)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
DECEMBER 22, 1998
(RSF:4Z')
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 007 LOT: 0090
PROP-ADDRESS: 2418 SUNDY AVE
MYNATT OLIVER M & BOLETTE J LEGAL:
2418 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LT 9 BLK 7
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 007 LOT: 0100
PROP-ADDRESS: SOUTHRIDGE RD
SILVIA ROBERT E LEGAL:
12922 COCOA PINE DR SOUTHRIDGE
BOYNTON BEACH FL LT 10 BLK 7
33436
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 007 LOT: 0110
PROP-ADDRESS: 2426 SUNDY AVE
KRUEMPEL CRAIG J & CYNTHIA A LEGAL:
684 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LT 11 & NELY 12.5 FT OF LT 12
BLK 7
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 007 LOT: 0121
PROP-ADDRESS: 2432 SUN]DY AVE
DIEP NGAN H LEGAL:
690 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LT 12 (LESS NELY 12.5 FT) & E
1/2 ABND CENTRAL AVE LYG W OF
33444 & A DJ THERETO BLK 7
(7)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
DECEMBER 22, 1998 . - -~
(REF: 4Z')
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 008 LOT: 0010
PROP-AD~)RESS: 2450 SUNDY AVE
MC GLOIN RICHARD & ROBYN LEGAL:
2275 N SWINTON AVE SOUTHRIDGE
DELRAY BEACH FL LT 1 BLK 8 & W 1/2 OF A]BND
CENTRAI~ AVE LYG E OF & ADJ
33444 THERETO
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 008 LOT: 0020
PROP-ADDRESS: 2456 SUNDY AVE
DALSBO DEBRAC LEGAL:
2456 SUATDY AVE SOLTTHRIDGE
DELRAY BEACH FL LOT 2 BLK 8
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 008 LOT: 0030
PROP-ADDRESS: 2462 SU1N-DY AVE
COMISSO RICHARD C LEGAL:
2462 SLTNDY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 3 BLK 8
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 008 LOT: 0040
PROP-ADDRESS: 2470 SUNDY AVE
CARSON RICHARD T & HELEN L LEGAL:
2470 SLTNDY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 4 BLK 8
33444
(8)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
DECEMBER 22, 1998
(REF:4Z')
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 008 LOT: 0050
PROP-AD~)RESS: 2474 SUN]DY AVE
HERRING JOHN T & SUSAN A LEGAL:
2474 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 5 BLK 8
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 008 LOT: 0060
PROP-ADDRESS: 2482 SUNDY AVE
SANDERS GENE E & E KINSEY LEGAL:
2482 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 6 BLK 8
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 008 LOT: 0070
PROP-ADDRESS: 2488 SUNDY AVE
GUERCIO BRUCE M & CYNTHIA V & LEGAL:
NICK & VITA GUERCIO SOUTHRIDGE
2488 SI/N-DY AVE LOT 7 BLK 8
DELRAY BEACH FL
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 008 LOT: 0080
PROP-ADDRESS: 2496 SUNDY AVE
KENNEDY ROBERT E JR LEGAL:
2496 SUlTDY AVE SOUTHRIDGE
DELRAY BEACH FL LTS 8 & 9 BLK 8
33444
(9)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
'~ DECEMBER 22, 1998 ~
~EF:4Z~
SI/BDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 008 LOT: 0100
PROP-ADDRESS: 2473 SOUTHRIDGE RD
MC ALISTER J W & CHARLOTTE F LEGAL:
2473 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LTS 10 & 11 BLK 8
33444 ~
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 008 LOT: 0120
PROP-ADDRESS: 2465 SOUTHRIDGE RD
HASTINGS CHRISTOPHER LEGAL:
2465 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LOT 12 BLK 8
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 008 LOT: 0130
PROP-ADDRESS: 2459 SOUTHRIDGE RD
ROSEN-BERG MICHAEL H & LEGAL:
CHERYL A LIEBHOFF SOUTHRIDGE
2459 SOUTHRIDGE DR LT 13 BLK 8
DELRAY BEACH FL
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 008 LOT: 0140
PROP-ADDRESS: 2453 SOUTHRIDGE RD
~NO RICHARD K LEGAL:
SOUTHRIDGE RD SOUTHRIDGE
.... ~R3%Y BEACH FL LOT 14 BLK 8
33444
(lO)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
DECEMBER 22, 1998
(REF:4Z')
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 008 LOT: 0150
PROP-ADDRESS: 2445 SOUTHRIDGE RD
SCHULTZ FRANK J & MAXINE L LEGAL:
2445 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LT 15 BLK 8
33444 ir
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 008 LOT: 0160
PROP-ADDRESS: 2439 SOUTHRIDGE RD
BAPTISTEALFRED & LOUISETTE D LEGAL:
2439 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LOT 16 BLK 8
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 008 LOT: 0170
PROP-ADDRESS: 2433 SOUTHRIDGE RD
QUINN DEBRA C LEGAL:
2433 .SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LOT 17 BLK 8
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 008 LOT: 0180
PROP-ADDRESS: 2425 SOUTHRIDGE RD
KROCKA DENISE R & LEGAL:
KENDRICK B MEDEARIS SOUTh-RIDGE
2425 SOUTHRIDGE RD LOT 18 BLK 8
DELRAY BEACH FL
33444
(11)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
DECEMBER 22, 1998
(REF:4Z')
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 008 LOT: 0190
PROP-ADDRESS: 2421 SOUTHRIDGE RD
CONGDON BRUCE L & VERA LEGAL:
62 NASSAU AVE SOUTHRIDGE
KENNER LA LOT 19 BLK 8
70065
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 008 LOT: 0200
PROP-ADDRESS: SOUTHRIDGE .RD
D'ADDIO WILLIAM & PAMELA J LEGAL:
660 LINTON BLVD # 105 SOUTHRIDGE
DELRAY BEACH FL LT 20 & W 1/2 OF ABNDED
CENTRAL AVE LYG E OF & ADJ TO
33444 BLK 8
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0010
PROP-ADDRESS: SOUTHRIDGE RD
DEMEZIER BARTHELEMY J LEGAL:
924 SE 3RD AVE SOUTHRIDGE
DELRAY BEACH FL LOT 1 BLK 9
33483
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0020
PROP-ADDRESS: 2420 SOUTHRIDGE RD
SIDORKO DAVID J LEGAL:
2420 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LOT 2 BLK 9
33444
(12)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT. DISTRICT
DECEMBER 22, ..1998
(REF:~9
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0030
PROP-ADDRESS: 2424 SOUTHRIDGE RD
AVAMPATO SHIRLEY LEGAL:
2424 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LOT 3 BLK 9
33444 "~
SUBDIVISION:' 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0040
PROP-ADDRESS: 2432 SOUTHRIDGE RD
CARROLL ROBERT E JR & DONNA T LEGAL:
2432 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LOT 4 BLK 9
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0050
PROP-ADDRESS: 2438 SOUTHRIDGE RD
PALACIOS FRANCISCO J & LEGAL:
GISELLE Y PALACIOS H/W SOUTHRIDGE
2438 SOUTHRIDGE RD LOT 5 BLK 9
DELRAY BEACH FL
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0060
PROP-ADDRESS: 2444 SOUTHRIDGE RD
MEDEIROS DYLAN R & JODY LEGAL:
2444 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LOT 6 BLK 9
33444
(13)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
DECEMBER 22, 1998
~EF:~
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0070
PROP-ADDRESS: 2452 SOUTHRIDGE RD
RUSTAN TIMOTHY & DIANE LEGAL:
2452 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LOT 7 BLK 9
33444 '~
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0080
PROP-ADDRESS: 2458 SOUTHRIDGE RD
KAMALU RUSS K &ANANTA D LEGAL:
2458 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LOT 8 BLK 9
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0090
PROP-ADDRESS: 2464 SOUTHRIDGE RD
HODGE DONNA B LEGAL:
2464 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LT 9 BLK 9
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0100
PROP-ADDRESS: 2472 SOUTHRIDGE RD
MTJRPHY PETER C LEGAL:
2472 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LOT 10 BLK 9
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0110
PROP-ADDRESS: 2478 SOUTHRIDGE RD
ANISKY DOUGLAS J &ANDREA H/W LEGAL:
2478 S RIDGE RD SOUTHRIDGE
DELRAY BEACH FL LOT 11 BLK 9
33444
(14)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
DECEMBER 22, 1998
~EF:4Z~
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0120
PROP-ADDRESS: 2484 SOUTHRIDGE RD
SMITH JANA M LEGAL:
2484 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LOT 12 BLK 9
33444 "~
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0130
PROP-ADDRESS: 2492 SOUTHRIDGE RD
DESRONVILANDRE A & ELNA LEGAL:
2492 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LT 13 BLK 9
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0140
PROP-A/DDRESS: 2441 ZEDER AVE
GRAY JEFFREY W & LEGAL:
DENISE M GIBSON SOUTHRIDGE
2441 ZEDER AVE LOTS 14 & 15 BLK 9
DELRAY BEACH FL
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0160
PROP-ADDRESS: 2435 ZEDER AVE
GEIDEMAN JOHN & LOIS LEGAL:
,~35 ZEDER AVE SOUTHRIDGE
DELRAY BEACH FL LOT 16 BLK 9
33444
(15)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
DECEMBER 22, 1998 ~
~EF:4Z~
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0170
PROP-ADDRESS: 2429 ZEDER AVE
YEFFETH ALLEN J LEGAL:
2429 ZEDER AVE SOUTHRIDGE
DELRAY BEACH FL LOT 17 BLK 9
33444 ~
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0180
PROP-ADDRESS: 2423 ZEDER AVE
DEEGAN ROBERT & DELL LEGAL:
2423 ZEDER AVE SOUTHRIDGE
DELRAY BEACH FL LOT 18 BLK 9
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0190
PROP-ADDRESS: 2415 ZEDER AVE
SALOME PHILIP J & CHRISTINE A LEGAL:
25 DERBY LANE SOUTHRIDGE
TYNGSBORO MA LOT 19 BLK 9
01879
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0200
PROP-ADDRESS: 2409 ZEDER AVE
TOMPKINS RONALD J JR & MARGARE LEGAL:
2409 ZEDER AVE SOUTHRIDGE
DELRAY BEACH FL LT 20 BLK 9
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0210
PROP-ADDRESS: 2403 ZEDER AVE
CAHORSHAK JO}tN R LEGAL:
2403 ZEDER AVE SOUTHRIDGE
DELRAY BEACH FL LT 21 BLK 9
33444
(16)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
DECEMBER 22, 1998 -~
(REF:4Z")
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0220
PROP-ADDRESS: 2395 ZEDER AVE
LAFONTANT FRANTZ & LEGAL:
DEBORAH C PLUNGIS H/W SOUTHRIDGE
2395 ZEDER AVE LOT 22 BLK 9
DELRAY BEACH FL
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0230
PROP-ADDRESS: 2389 ZEDER AVE
DESROSIERS MICHAEL J & LEGAL:
BETH A HELD SOUTHRIDGE
2389 ZEDER AVE LOT 23 BLK 9
DELR_AY BEACH FL
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0240
PROP-ADDRESS: 2385 ZEDER AVE
BROWN JERRY W & MICHELE H LEGAL:
2385 ZEDER AVE SOUTHRIDGE
DELRAY BEACH FL LT 24 BLK 9
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 009 LOT: 0250
PROP-ADDRESS: SOUTHRIDGE
PIERRE ADAM & MARIE LEGAL:
5361 CEDAR LAKE RD # 1317 SOUTH_RIDGE
BOYNTON BEACH FL LOT 25 BLK 9
33437
(17)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT DECEMBER 22, 1998 ~
(REF:4Z~
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 013 LOT: 0010
PROP-ADDRESS: 2380 ZEDER AVE
BROWN ROGER L & LEGAL:
DANIEL T CARPENTER SOUTHRIDGE
701 E COMMERCIAL BLVD # 100 LOT 1 B~K 13
FT LAUDER/DALE FL
33334
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 013 LOT: 0020
PROP-ADDRESS: 2384 ZEDER AVE
CARPENTER DANIEL T LEGAL:
701 E COMMERCIAL BLVD # 100 SOUTHRIDGE
FT LAUDER/DALE FL LOT 2 BLK 13
33334
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 013 LOT: 0030
PROP-ADDRESS: 2388 ZEDER AVE
MILLING PHILIP E & DONNA K LEGAL:
8108 TALLYHO TRL SOUTHRIDGE
AUSTIN TX LT 3 BLK 13
78729
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 013 LOT: 0040
PROP-ADDRESS: 2394 ZEDER AVE
LOVE STEPHEN J LEGAL:
2394 ZEDER AVE SOUTHRIDGE
PO BOX 31 LOT 4 BLK 13
DELRAY BEACH FL
33447
(18)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
.. ''~ DECEMBER 22, 1998 ~
(REF:4Z*)
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 013 LOT: 0050
PROP-ADDRESS: 2402 ZEDER AVE
WEST JAMES T LEGAL:
2402 ZEDER AVE SOUTHRIDGE
DELl{AY BEACH FL LOT 5 BLK 13
33444 ~
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 013 LOT: 0060
PROP-ADDRESS: 2408 ZEDER AVE
GOLDMAN MICHAEL D LEGAL:
1009 DEL HARBOUR DR SOUTHRIDGE
DELRAY BEACH FL LT 6 BLK 13
33483
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 013 LOT: 0070
PROP-ADDRESS: 2414 ZEDER AVE
IrLASEK MARK W & GAIL LEGAL:
2414 ZEDER AVE SOLTi/qRIDGE
DELRAY BEACY FL LT 7 BLK 13
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 013 LOT: 0080
PROP-ADDRESS: 2420 ZEDER AVE
FRIEDMAN JONATHAN LEGAL:
2151 NE 42AID CT SOUTHRIDGE
LIGHTHOUSE POINT FL LOTS 8 & 9 BLK 13
33064
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 013 LOT: 0100
PROP-ADDRESS: 2397 BENJAMIN AVE
PATRIANI SEAN & LEGAL:
JILL PATRIA/~I SOUTHRIDGE
2397 BENJAMIN AVE LT 10 BLK 13
DELRAY BEACH FL
33444
(19)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
DECEMBER 22, 1998
~EF:4Z9
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 013 LOT: 0110
PROP-ADDRESS: BENJAMIN AVE
PATRIANI SEAN & LEGAL:
JILL PATRIANI SOUTHRIDGE
2397 BENJAMIN AVE LT 11 BLK 13
DELRAY BEACH FL
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 013 LOT: 0120
PROP-ADDRESS: BENJAMIN AVE
WOODS OF SOUTHRIDGE HOMEOWNERS LEGAL:
ASSN INC SOUTHRIDGE
6020 N FEDEP~AL HWY # 4 LOT 12 BLK 13
BOCA RATON FL
33487
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 015 LOT: 0010
PROP-ADDRESS: 2514 BESSIE ST
ST CLAIR JAMES J & KAREN R LEGAL:
999 SW 21ST ST SOUTHRIDGE
BOCA RATON FL LOT 1 BLK 15
33486 '
[20]
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
DECEMBER 22, 1998
(REF:4Z*)
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 015 LOT: 0020
PROP-ADDRESS: 2522 BESSIE ST
MAXWELL JOHN S & VICTORIA A LEGAL:
2522 BESSIE ST SOUTHRIDGE PLAT 2
DELRAY BEACH FL LT 2 BLK 15
33444 '~
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 015 LOT: 0030
PROP-ADDRESS: 2532 BESSIE ST
SHINDER EARL & CYNTHIA LEGAL:
2532 BESSIE ST SOUTHRIDGE PL 2
DELRAY BEACH FL LT 3 BLK 15
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 015 LOT: 0040
PROP-ADDRESS: 2542 BESSIE ST
ROHRBACHER LOLITA LEGAL:
104 CONNECTICUT RD SOUTHRIDGE PL 2
LEHIGH ACRES FL LOT 4 BLK 15
33936
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 015 LOT: 0050
PROP-ADDRESS: 2552 BESSIE ST
WOOD ERIC & RACHAEL LEGAL:
2552 BESSIE ST SOUTHRDIGE PL 2
DELI{AY BEACH FL LOT 5 BLK 15
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 015 LOT: 0060
PROP-ADDRESS: 2560 BESSIE ST
AISSI WILFRID L & DAMIENNE LEGAL:
2560 BESSIE ST SOUTHRIDGE
DELRAY BEACH FL LOT 6 BLK 15
33444
(21)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
DECEMBER 22, 1998 ... ~ 'L~
~EF:4Z9
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 016 LOT: 0010
PROP-ADDRESS: 2515 BESSIE ST
MARTINEZ FRANCISCO LEGAL:
2515 BESSIE ST SOUTHRIDGE
DELRAY BEACH FL LT I BLK 16
33444 ,9
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 016 LOT: 0020
PROP-ADDRESS: 2523 BESSIE ST
JAKOB MICHAEL LEGAL:
2523 BESSIE ST SOUTHRIDGE
DELRAY BEACH FL LOT 2 BLK 16
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 016 LOT: 0030
PROP-ADDRESS: 2533 BESSIE ST
BARACKMAN KENNETH B LEGAL:
2533 BESSIE ST SOUTHRIDGE
DELRAY BEACH FL LOT 3 BLK 16
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 016 LOT: 0040
PROP-ADDRESS: 2541 BESSIE ST
HELPARD SUSAN & LEGAL:
KAREN M CRISPO SOUTHRIDGE
2541 BESSIE ST LOT 4 BLK 16
DELRAY BEACH FL
33444
(22)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT .. DECEMBER 22 ,-~ 1998
(REF:4Z*)
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 016 LOT: 0050
PROP-ADDRESS: 2553 BESSIE ST
ALLAN SANDRA LEGAL:
2553 BESSIE ST SOUTHRIDGE
DELl{AY BEACH FL LOT 5 BLK 16
33444 '~
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 016 LOT: 0060
PROP-ADDRESS: 2461 BESSIE ST
MC FARLANE OSTED A LEGAL:
2461 BESSIE ST SOUTHRIDGE
DELRAY BEACH FL LOT 6 BLK 16
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 016 LOT: 0070
PROP-ADDRESS: 2560 ELLA ST
SCHROEDER JOHN & DONNA LEGAL:
2560 ELLA ST SOUTHRIDGE
DELRAY BEACH FL LOT 7 BLK 16
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 016 LOT: 0080
PROP-ADDRESS: 2552 ELLA ST
GIELINSKI CONRAD A & JOE ANN LEGAL:
2552 ELLA ST SOUTHRIDGE
DELRAY BEACH FL LOT 8 BLK 16
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 016 LOT: 0090
PROP-ADDRESS: 2542 ELLA ST
MC TIGHE RONALD G & SUSAN C LEGAL:
2542 ELLA ST SOUTHRIDGE
DELI{AY BEACH FL LOT 9 BLK 16
33444
(23)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
DECEMBER 22, 1998
~EF.'4Z~
SUBDIVISION: 13 .~ASSESSMENT: $ 763.24
BLOCK: 016 LOT: 0100
PROP-ADDRESS: 2532 ELLA ST
TAPPER YETTA LEGAL:
BLDG 127 APT 101 SOUTHRIDGE
6080 HIINTWICK TER LOT 10 BLK 16
DELRAY BEACH FL ~{'
33484
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 016 LOT: 0110
PROP-ADDRESS: 2522 ELLA ST
HIPP CRAIG & HEIDI R LEGAL:
2522 ELLA ST SOUTHRIDGE
DELRAY BEACH FL LOT 11 BLK 16
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 016 LOT: 0120
PROP-ADDRESS: 2514 ELLA ST
BUCCI JUDI W LEGAL:
2514 ELLA ST SOUTHRIDGE
DELRAY BEACH FL LOT 12 BLK 16
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 017 LOT: 0010
PROP-ADDRESS: 2528 ELLA ST
KOSLOW JUDITH L LEGAL:
2528 ELLA ST SOUTHRIDGE
DELRAY BEACH FL LOT 1 BLK 17
33444
(24)
WOODS OF SOUTHRIDGE
SPECIAL ASSESSMENT DISTRICT
DECEMBER 22, 1998
(REF:4Z')
SUBDIVISION: 13 ASSW. SSMENT: $ 763.24
BLOCK: 017 LOT: 0020
PROP-ADDRESS: 2550 ELLA ST
DUBISKY & DONALD J & JANE F LEGAL:
2550 ELLA ST SOUTHRIDGE
DELRAY BEACH FL LOT 2 BLK 17
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 017 LOT: 0030
PROP-ADDRESS: 2551 SUNDY AVE
BURGESS BRENT L & JILL N LEGAL:
2551 SI/N-DY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 3 BLK 17
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 018 LOT: 0010
PROP-ADDRESS: 15863 SW 8TH AVE
ESSEX BRIAN LEGAL:
15863 8TH AVE SW SOUTHRIDGE
DELRAY BEACH FL LOTS 1 & 2 BLK 18
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 018 LOT: 0030
PROP-ADDRESS: 15871 SW 8TH AVE
MAHONEY JOHN J LEGAL:
15871 SW 8TH AVE SOUTHRIDGE
DELRAY BEACH FL LOT 3 BLK 18
33444
(25)
WOODS OF SOUTHRIDGE
- SPECIAL ASSESSMENT DISTRICT
DECEMBER 22, 1998 ..
(REF:4Z~
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 018 LOT: 0040
PROP-ADDRESS: 15881 SW 8TH AVE
WUNDERLICH TERRY & DIANE LEGAL:
15881 SW 8TH AVE SOUTHRIDGE
DELRAY BEACH FL LT 4 BLK 18
33444 '~
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 018 LOT: 0050
PROP-ADDRESS: 15891 SW 8TH AVE
SUSSKIND BARRY LEGAL:
BARRY SUSSKIND TR HLDR SOUTHRIDGE
15891 SW 8TH AVE LOT 5 BLK 18
DELRAY BEACH FL
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 018 LOT: 0060
PROP-ADDRESS: 2531 SOUTHRIDGE RD
VAN HORN ROY M JR & CYNTHIA LEGAL:
2531 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LOT 6 BLK 18
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 018 LOT: 0070
PROP-ADDRESS: 2541 SOUTHRIDGE RD
RODIN DAVID LEGAL:
2541 SOUTHRIDGE RD SOUTHRIDGE
DELRAY BEACH FL LOT 7 BLK 18
33444
(26)
WOODS OF SOUTHRIDGE
- SPECIAL ASSESSMENT DISTRICT
DECEMBER 22, 1998
(REF:4Z9
SUBDIVISION: 13 ASSESSMENT: $ 381.62
BLOCK: 018 LOT: 0080
PROP-ADDRESS: 2549 SOUTHRIDGE RD
GILOT NALKY & LEGAL:
THELISE TOUSSAINT SOUTHRIDGE
MALIBU VILLAGE RR 6 LOT 68 LOT 8 BLK 18
CARBON-DALE IL
62901
SUBDIVISION: 13 ASSESSMENT: $ 381.62
BLOCK: 018 LOT: 0090
PROP-ADDRESS: SOUTHRIDGE RD
GILOT NALKY & LEGAL:
THELISA TOUSSAINT SOUTHRIDGE
MALIBU VILLAGE RR 6 LOT 68 LOT 9 BLK 18
CARBONDALE IL
62901
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 018 LOT: 0160
PROP-ADDRESS: 2556 SUNDY AVE
CPJ%IG KIM D LEGAL:
2556 NE SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 16 BLK 18
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 018 LOT: 0170
PROP-ADDRESS: 2544 SUNDY LN
STERN J WALTER LEGAL:
955 ALLAMANDA DR SOUTHRIDGE
DELRAY BEACH FL LOT 17 BLK 18
33483
(27)
WOODS OF SOUTHRIDGE
,. ~ SPECIAL ASSESSMENT DISTRICT
...DECEMBER 22, 1998 ~
~EF:4Z9
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 018 LOT: 0180
PROP-ADDRESS: 2532 SUNDY AVE
FLORA LOUIS J & DOROTHY M LEGAL:
2532 SUNDY AVE SOUTHRIDGE
DELRAY BEACH FL LOT 18 BLK 18
33444 '~
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 019 LOT: 0010
PROP-ADDRESS: 15915 SW 8TH AVE
BRIGGS C NORMAN LEGAL:
15915 SW 8TH AVE SOUTHRIDGE
DELRAY BEACH FL LOT 1 BLK 19
33444
SUBDIVISION: 13 ASSESSMENT: $ 763.24
BLOCK: 019 LOT: 0020
PROP-ADDRESS: 15925 SW 8TH AVE
TUCCI FRANCIS V & JOYCE A LEGAL:
15925 SW 8TH AVE SOUTHRIDGE
DELRAY BEACH FL LOT 2 BLK 19
33444
SUBDIVISION: 39 ASSESSMENT: $ 7,632.40
BLOCK: LOT:
PROP-ADDRESS:
SOUTHRIDGE VILLAGE CONDO DECL LEGAL:
FILED 3-12-82 SOTHRIDGE VILLAGE CONDO
(28)
Principal 4,579.44
8%
Annual Payment 682.47
Installment 8% Annual Debt
Number Principal Interest Service
1 316.11 366.36 682.47
2 341.40 341.07 682.47
3 368.72 313.75 682.47
4 398.21 284.26 682.47
5 430.07 252.40 682.47
6 464.48 217.99 682.47
7 501.63 180.84 682.47
8 541.77 140.70 682.47
9 585.11 97.36 682.47
10 631.94 50.53 682.47
4,579.44 2,245.25 6,824.70
Principal 1,526.48
8%
Annual Payment 227.49
Installment 8% Annual Debt
Number Principal Interest Service
1 105.37 122.12 227.49
2 113.80 113.69 227.49
3 122.91 104.58 227.49
4 132.74 94.75 227.49
5 143.36 84.13 227.49
6 154.83 72.66 227.49
7 167.21 60.28 227.49
8 180.59 46.90 227.49
9 195.04 32.45 227.49
10 210.64 16.85 227.49
1,526.48 748.43 2,274.91
EXHIBIT "C"
Principal 763.24
8%
Annual Payment 113.75
Installment 8% Annual Debt
Number Principal Interest Service
i 52.69 61.06 113.75
2 56.91 56.84 113.75
3 61.46 52.29 113 75
4 66.38 47.37 113 75
5 71.69 42.06 113 75
6 77.42 36.33 113 75
7 83.61 30.14 113 75
8 90.30 23.45 113 75
9 97.53 16.22 113 75
10 105.26 8.49 113 75
763.24 374.26 1,137.50
Principal 3,816.20
8%
Annual Payment 568.73
Installment 8% Annual Debt
Number Principal Interest Service
1 263.43 305.30 568.73
2 284.51 284.22 568.73
3 307.27 261 46 568.73
4 331.85 236 88 568.73
5 358.40 210 33 568.73
6 387.07 181 66 568.73
7 418.04 150 69 568.73
8 451.48 117 25 568.73
9 487.60 81.13 568.73
10 526.56 42.17 568.73
3,816.20 1,871.10 5,687.30
Principal 381.62
Annual Payment 56.87
Installment B% Annual Debt
Number Principal Interest Service
i 26.34 30.53 56 87
2 28.45 28.42 56 87
3 30.72 26 15 56 87
4 33.18 23 69 56 87
5 35.84 21 03 56 87
6 38.70 18 17 56 87
7 41.80 15 07 56 87
8 45.14 11 73 56 87
9 48.75 8 12 56 87
10 52.69 4 18 56 87
381.62 187.08 568.70
Principal 7,632.40
8%
Annual Payment 1,137.45
Installment 8% Annual Debt
Number Principal Interest Service
I 526.86 610.59 1,137.45
2 569.01 568.44 1,137 45
3 614.53 522.92 1,137 45
4 663.69 473.76 1,137 45
5 716.78 420.67 1,137 45
6 774.13 363.32 1,137 45
7 836.06 301.39 1,137 45
8 902.94 234.51 1,137 45
9 975.18 162.27 1,137 45
10 1,053.23 84.23 1,137 45
7,632.40 3,742.11 11,374.50
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MJ~AGEP~
SUBJECT: AGENDA ITEM /0~- REGULAR MEETING OF MARCH 2, 1999
ORDINANCE NO. 8-99 (REVISIONS TO CHAPTER 51, "GARBAGE
AND TRASH")
DATE: FEBRUARY 25, 1999
This is second reading and a public hearing for Ordinance No.
8-99 which amends Chapter 51, "Garbage and Trash", with respect
to vegetative waste, bulk trash and the placement of containers
and trash. It also clarifies precollection practices, set out
times and fees charged for penalties from violations.
The changes incorporated in the ordinance were presented to the
City Commission at the January 12th workshop. Specific
precollection schedules are established for the placement of all
garbage, vegetation and bulk trash in residential neighborhoods.
The ordinance revises the fee for requests for services on days
other than the regular scheduled collection day to $11.50 per
cubic yard and establishes penalties for noncompliance with the
requirements. The changes are necessary to implement the new
clamshell truck services, staffed by BFI and under the direction
of the Code Enforcement Division, scheduled to begin in March
1999.
At first reading on February 16, 1999, the Commission passed the
ordinance by unanimous vote subject to Commissioner Randolph's
suggestion that the word "curbside" be clarified. This minor
change has been incorporated and does not constitute a
substantive change to the ordinance.
Recommend approval of Ordinance No. 8-99 on second and final
reading.
ref:agmemol5
ORDINANCE NO. 8-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE
AND TRASH", OF TI-IE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 51.22, "VEGETATIVE
WASTE", TO CLARIFY THE SET OUT TIMES AND FEES CHARGED;
BY AMENDING SECTION 51.23, "BULK TRASH", TO CLARIFY THE
SET OUT TIMES AND FEES CHARGED; BY AMENDING SECTION
51.40, "PLACEMENT OF' CONTAINERS AND TRASH;
PRECOLLECTION PRACTICES", TO CLARIFY THE SET OUT TIMES
AND FEES CHARGED; BY AMENDING SECTION 51.99, "PENALTY",
TO CLARIFY THE PENALTY FOR A VIOLATION; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission desires to clarify portions of this ordinance
concerning collection and set out times for garbage and trash; and
WHEREAS, the City Commission desires to clarify the fees charged for violations of
this Chapter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 51, "Garbage and Trash", Section 51.22, "Vegetative
Waste", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
Section 51.22 VEGETATIVE WASTE.
(A) Vegetative waste shall be collected from tke residences residential areas at least
one time per week and shall be on the same day as one of the collection days for solid waste.
Collection shall begin no earlier than 6:00 a.m. and cease no later than 6:00 p.m.. Vegetative
waste shall be placed adjacent to the pavement or travele~ way of the street/alley. Residents
shall bag or containerize all grass clippings, leaves, pine needles and similar loose items
whenever possible. Large vegetative waste items must not be more than six (6) feet in length
or fifty (50) pounds in weight, and shall be placed neatly at the curb. In the event of a dispute
between the contractor and a customer as to what constitutes vegetative waste, the situation
will be reviewed and decided by the City Manager, whose decision shall be final.
(B) At the request of the City or at the request of a resident, the contractor shall
collect vegetative waste on a day other than the regular scheduled collection day at a cost to
the resident equal to $11.50 per cubic yard. The contractor shall collect the entire cost of this
additional special collection from the resident in advance of this additional collection service.
Upon receipt of payment, the contractor shall cause the additional collection to occur within
forty-eight (48) hours. Any dispute between the contractor and the resident regarding the
amount of trash collected, the charge or liability of the resident for the additional collection
services shall be submitted to the City Manager for resolution. The decision of the City
Manager as to the amount of the charge shall be binding upon the contractor and the resident.
(C) If vegetative waste is placed adiacent to the pavement or travel way of the
street/alley at time periods or at locations outside of those allowed by Section 51.40(H), and a
resident has not called in to request a pickup as set forth in Subsection (B), then the City or its
Contractor may collect the vegetative waste and a fee of $11.50 per cubic yard will be charged
to the resident or business for the collection of the vegetative waste if such collection is not
performed on the regular scheduled collection day. The minimum charge shall be $11.50 and
all charges shall be to the nearest whole cubic yard. Such fee will be placed on the resident or
business's water bill. If the resident or business does not receive a water bill then a separate
bill for this charge shall be sent to the property owner.
Section 2. That Chapter 51, "Garbage and Trash", Section 51.23, "Bulk Trash", of
the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as
follows:
Section 51.23 BULK TRASH.
(A) Bulk trash shall be collected from residences residential areas within the City no
more than once per week. Bulk trash shall be placed adjacent to the pavement or travel way of
the street/alley. The bulk trash pickup day shall coincide with the first or second refuse
collection day, which shall be a Monday/Thursday, Tuesday/Friday or Wednesday/Saturday of
each week.
(B) At the request of the City or at the request of a resident, the contractor shall
collect bulk trash on a day other than the regular scheduled collection day at a cost to the
resident equal to $11.50 per cubic yard. The contractor shall collect the entire cost of this
additional special collection from the resident in advance of this additional collection service.
However, if the City requests the pickup and the contractor is unable to collect payment from
the resident, then the contractor shall collect the bulk trash and the resident shall be billed by
the City for the extra charge. When Payment is made to the City for the extra charge then that
amount shall be forwarded to the contractor. Upon receipt of payment by the resident, the
contractor shall cause the additional collection to occur within forty-eight (48) hours. Any
dispute between the contractor and the resident regarding the amount of trash collected, the
charge or liability of the resident for the additional collection services shall be submitted to the
City Manager for resolution. The decision of the City Manager as to the amount of the charge
shall be binding upon the contractor and the resident.
2 ORD. NO. 8-99
(D)(C) It shall be unlawful for any person to leave outside any building in a place
accessible to children any appliance, refrigerator or container with_ ~ ."-~'v;'~'~, ...... a'~";"'~ u:-2esg the
deer b.~s been rem2;'e~ any doors, lids or closu.res of any type in place. This prohibition shall
not apply to any appliance, refrigerator or container at a commercial establishment which has
been placed on or adjacent to the rear of the building and is crated, strapped or locked to an
extent that it is impossible for a child to obtain access to any_..";"*;'~'*..~,... compartment thereof.
(D) If bulk trash is placed ad.jacent to the pavement or travel way of the street/alley
at time periods or at locations outside of those allowed by Section 51.40(E), and a resident has
not called in to request a pickup as set forth in Subsection (B), then the City or its Contractor
may collect the bulk trash and a fee of $11.50 per cubic yard will be charged to the resident or
business for the collection of the bulk trash if such collection is not performed on the regular
scheduled collection day. The minimum charge shall be $11.50 and all charges shall be to the
nearest whole cubic yard. Such fee will be placed on the resident or business's water bill. If
the resident or business does not receive a water bill then a separate bill for this charge shall
be sent to the property owner.
Section 3. That Chapter 51, "Garbage and Trash", Section 51.40, "Placement of
Containers and Trash; Precollection Practices", of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows:
Section 51.40 PLACEMENT OF CONTAINERS AND TRASH; PRECOLLECTION
PRACTICES.
(A) Blockage of storm drains. It shall be unlawful for any person to place any
refuse, trash, refuse receptacles or containers on, upon or over any storm drain or so close
thereto as to be drawn by the elements into the storm drain or to block the flow of water into
the storm drain.
(B) Dangerous trash items. It shall be unlawful to place dangerous trash items and
all waste materials of injurious nature in containers unless they are securely wrapped so as to
prevent injury to the collection crews and others. Dangerous trash and waste materials shall
include, but shall not be limited to, broken glass, light bulbs, sharp pieces of metal,
fluorescent tubes, and television tubes.
(C) Hazardous waste. It shall be unlawful to place hazardous waste in any
receptacle used for collection by the City.
w~. ~h~ items ]~sted ~n pan ~ may
~apped to prevem ~ury to ~oH~cfio~ cre~s and others.
3 ORD. NO. 8-99
(D) Garbage and trash. It shall be unlawful to place, in garbage receptacles, trash
which has not been drained of all liquids. Any items of trash which are too large for
receptacles and cannot be reduced to a size which can be placed in a garbage receptacle may
be placed at o_'2rbs~.de adjacent to the pavement or travel way of the street/alley no earlier than
5:00 p.m. on the day preceding the collection date for that material, provided those items are
covered or secured so as to avoid unsightly litter conditions. Any garbage receptacle may not
be placed at ~_'2rbsl. de adjacent to the pavement or travel way of the street/alley earlier than
5:00 p.m. on the day preceding the collection day and must be removed by 7:00 p.m. on the
day of collection. Garbage and trash that is not placed adjacent to the pavement or travel way
of the street/alley on the collection day by 6:00 a.m. may not be collected by the contractor if
the contractor has already passed the residence. If garbage and trash is placed adjacent to the
pavement or travel way of the street/alley at any time other than the time periods allowed, the
City or its Contractor may collect the garbage and trash and a fee of $11.50 per cubic yard
will be charged to the resident or business for such collection. The minimum charge shall be
$11.50 and all charges shall be to the nearest whole cubic yard. The fee shall be placed on the
resident or business's water bill. If the resident or business does not receive a water bill then
a separate bill for this charge shall be sent to the property owner.
Bulk Trash. Bulk trash shall be placed adjacent to the pavement or travel way
of the street/alley no earlier than 5:00 p.m. on the day prior to the regular scheduled collection
day. Bulk trash that is not placed adjacent to the pavement or travel way of the street/alley on
the collection day by 6:00 a.m. may not be collected by the contractor if the contractor has
already passed the residence and may...be subject to the fees set forth in Section 51.23(D). If
the property owner places bulk trash adjacent to the pavement or travel way of the street/alley
after the Contractor has already passed then the property owner must remove those items from
this area by 7:00 p.m. of that day in order to be in compliance with this Section.
(F) Mechanical containers.
(1) Placement of containers emptied by mechanical means shall be
determined by the City Manager. The following materials shall not be permitted to be placed
in those containers:
(a) Tires.
(b) Motor vehicle parts, including, but not limited to batteries.
(c) Carpet or padding larger than three feet by three feet.
(d) Metal pipe in excess of 1/2-inch by three feet.
(e) Construction or building materials.
4 ORD. NO. 8-99
(f) Wood in excess of one inch by two inches by three feet.
(2) It shall be unlawful for anyone to place or maintain materials or place
any vehicle under their control, whether temporarily or permanently, so as to block access to
any mechanical container.
(G) Refuse. It shall be unlawful for anyone to fail to place and maintain refuse in
containers as specified herein. All containers shall be kept covered at all times with tight-
fitting covers.
(H) Vegetative waste. Vegetative waste shall be placed ""~v._~ ...... ..... '~"~_._ ,~,~,,,,__~, ....... ,,r ,h,~
,.,,.,,~ ....... ,~ .... , ,,, ,~, ...... ~,, ~, ...... ~,~,.h ~, ........... "~'~ adjacent to the pavement or
travel way of the street/alley. Placement of vegetative waste in an alleyway is prohibited
unless approved in advance by both the City and its contractor. Vegetative waste for
collection shall be placed at the required location no earlier than 5:00 p.m. on the day
preceding the collection date. Vegetative waste that is not placed adjacent to the pavement or
travel wa), of the street/alley on the collection day by 6:00 a.m. may not be collected by the
contractor if the contractor has already passed the residence and may be subject to the fees set
forth in Section 51.22(C). If the property owner places vegetative waste adjacent to the
pavement or travel way of the street/alley after the Contractor has already passed then the
property owner must remove those items from this area by 7:00 p.m. of that day in order to be
in compliance with this Section.
(I) Recycling.
(1) Recycling containers shall be
readv.'ay ad. jacent to the pavement or travel way of the street/alley no earlier than 5:00
p.m. on the day preceding the collection date for the material, provided those items are
covered or secured so as to avoid unsightly litter conditions. The collection shall
coincide with the first or second refuse collection day. Any container placed
c'arbs~.de adjacent to the pavement or travel way of the street/alley must be removed by
7:00 p.m. on the day of collection. A recycling container that is not placed adjacent to
the pavement or travel way of the street/alley on the collection day by 6:00 a.m. may
not be collected by the contractor if the contractor has already passed the residence.
(2) If recycling containers are placed adjacent to the pavement or travel way
of the street/alley at time periods or at locations outside of those allowed by Subsection
(1), the City or its contractor may collect the recycling matter and charge a fee of
$11.50 per cubic yard. The minimum charge shall be $11.50 and all charges shall be
to the nearest whole cubic yard. Such fee will be placed on the resident's or business'
water bill.
Section 4. That Chapter 51, "Garbage and Trash", Section 51.99, "Penalty", of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as
follows:
5 ORD. NO. 8-99
Section 51.99 PENALTY.
Any violation of this chapter shall be governed by Section 10.99, "General Penalty" or
Chapter 37, "Delray Beach Code Enforcement", or Chapter 100, "Nuisances", or as provided
by Sections 51.22(C), 51.23(B), 51.40(D) and 51.40(I).
Section 5. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 7. That this ordinance shall become effective upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
2nd day of March 1999.
ATTEST:
City Clerk - ' ~' !
First Reading February 16, 'l 9 9 9
Second Reading March 2, 19 9 9
6 ORD. NO. 8-99
£1T¥ OF DELRrlV BERTH
CiTY ATTORNEY'S OFFICE mw
TELEPHONE 5 6 1/2 4 3 - 7B9~ P' sFl~$tll~Irrl~ ~ 0i16 g/t2578)-~l17 5 5
DELRAY BEACH
~ MEMORANDUM
Ali. America City
~99~ TO: City Commission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Amendment No. 6 to the Solid Waste and Recycling Collection Franchise
Agreement
Amendment No. 6 to the Agreement between BFI and the City changes Section 6. !.4 of
the contract to provide that additional bulk trash pickups shall be charged at the rate of
$11.50 per cubic yard rather than $22.00 per cubic yard. This change was necessary
due to the addition of a clamshell truck that will be used by the City's Code Enforcement
Department to abate solid waste placed at inappropriate times or places throughout the
City. The City will charge property owners $11.50 per cubic yard if garbage, trash,
vegetative waste, bulk trash or recycling material is placed curbside at inappropriate
times, or if any of material mentioned above is placed on vacant lots and not abated by
the property owner.
BFI, currently, charges $22.00 per cubic yard for special pickups of bulk waste. This
amendment, reducing BFI's charge to $11.50 per cubic yard, will provide a uniform
charge to the property owner regardless of whether the waste is collected by the City
through the use of the clamshell truck or by BFI.
By copy of this memorandum to David Harden, City Manager, our office requests that
this amendment to the Solid Waste and Recycling Collection Franchise Agreemem be
placed on the March 2, 1999 City Commission agenda. Please call if you have any
questions.
cc: David T. Harden, City Manager
Alison MacGregor Harry, City Clerk
Lula Butler, Director of Community Improvement
AMENDMENT NO. 6 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT DATED AUGUST 8~ 1996
THIS AMENDMENT NO. 6 to the Solid Waste and Recycling Collection Franchise
Agreement dated August 8, 1996 is made this ~ day of , 199_ by and
between the CITY OF DELRAY BEACH (the "City") and BFI WASTE SYSTEMS OF
NORTH AMERICA, INC. ("BFI").
WlTNESSETH:
WHEREAS, the parties entered into a Franchise Agreement ("Agreement") dated August
8, 1996, to provide for the collection of solid waste and recycling materials within the City; and,
WHEREAS, Section 6.1.4 provides that a resident may request an additional bulk trash
pickup in addition to the regular bulktrash collection service and that a cost'shall be charged to
the resident at the rate of $22.00 per cubic yard of bulk trash, and,
WHEREAS, the parties desire to amend Section 6.1.4 of the Agreement to provide that
the cost to the resident for the additional bulk trash collection service shall be changed from
$22.00 per cubic yard to $11.50 per cubic yard.
NOW, THEREFORE, the parties agree as follows:
i. The recitations set forth above are incorporated herein.
2. The Agreement dated August 8, 1996, is hereby amended, by amending Section
6.1.4, to provide that the cost to the resident for the additional bulk trash collection service shall
be changed from $22.00 per cubic yard to $11.50 per cubic yard.
3. This Amendment together with the original Agreement and any written
amendments hereto, constitute the entire Agreement' between the parties relating to the subject
matter hereof. It is the final expression of agreement between the parties, thus, neither party shall
be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers,
made either prior to .or simultaneous with the execution of this Amendment.
4. Except as expressly modified in writing herein or as modified by subsequent
'written amendments, all other terms and conditions of the original Agreement and any
amendments thereto survive this Amendment and are deemed to be incorporated herein and are
binding on the parties.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Solid
Waste and Recycling Collection Franchise Agreement on the day and year first hereinabove
written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to legal form
and sufficiency:
tl.~ ~City Attorney
WITNESSES: BFI WASTE SYSTEMS OF NORTIt
AMERICA, INC.
By: ~
~:>t~.~ t..., {>~o,~..-s Timothy McCioskey, Facility Manager
(Name printed or type[t)
. ~.¢ (Corporate Seal)
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(Name printed or typed)
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TO: DAVID T. HARDEN, CITY MANAGER ('~ - ~ ,
THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANN~ ~
FROM: CLAIRE LYTE-G RAHAM,~.ANNEI~f --~-, --' '
SUBJECT: MEETING OF MARCH 1, 1999
REZONiNG FROM A (AGRICULTURAL) TO RM (MEDIUM DENSITY
RESIDENTIAL) FOR PROPERTY LOCATED ON THE NORTH SIDE OF OLD
GERMANTOWN ROAD, EAST OF THE SPANISH WELLS CONDOMINIUM
The action requested of the City Commission is that of approval on first reading of an ordinance
rezoning a 1.415 acre parcel from A (Agricultural) to RM (Medium Density Residential). The
subject property is located on the north side of Old Germantown Road, east of the Spanish
Wells Condominium.
In February, 1997, the owner of the subject property submitted a petition to rezone the parcel
from A to RM to construct 17 townhomes at a density of 12 units per acre. At its meeting of
April 14, 1997, the Planning and Zoning Board recommended that the rezoning be approved
with a density suffix of 8 units per acre, thereby permitting a maximum of 11 units. On May 20,
1997, the City Commission passed the ordinance on first reading by unanimous vote for the
purpose of scheduling the formal public hearing. However, prior to the second reading, the
applicant elected to withdraw the application.
The new owner is requesting the rezoning of the property from A to RM in order to construct an
11-unit townhome development (8 units per acre). Additional background and an analysis of the
request are found in the attached Planning and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDE~TION
At its meeting of February 22, 1999, the Planning and Zoning Board held a public hearing in
conjunction with review of the rezoning. Public testimony was taken from Mr. Bruce Steinhardt,
President of Rabbit Hollowe Homeowners Association, who voiced concerns regarding density
and compatibility with surrounding residential uses, traffic, aesthetics, and landscaping. Mr.
Ron Lasota, the agent, stated that the proposed townhouse development will be upscale,
consisting of 2,000 sq. ft. units (mostly 3 bedrooms) with garages. The Board felt that the
request was reasonable, and after a discussion unanimously recommended approval on a 6-0
vote, subject to a density suffix of 8 units per acre.
By motion, approve on first reading the ordinance for the rezoning from A (Agricultural) to RM-8
(Medium Density Residential, 8 units per acre), and setting a public hearing date of March 16,
1999. J
Attachments: ,.~
· P & Z Staff Report of February 22, 1999 {}~(-~/ ' ,I
· Ordinance by Others "1
ORDINANCE NO. 11-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED A (AGRICULTURAL) DISTRICT IN THE
RM-8 (MEDIUM DENSITY RESIDENTIAL/8 UNITS PER ACRE)
DISTRICT; SAID LAND BEING LOCATED ON THE NORTH SIDE
OF OLD GERMANTOWN ROAD, IMMEDIATELY EAST OF SPANISH
WELLS CONDOMINIUM, AS THE SAME IS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned A (Agricultural) District; and
WHEREAS, at its meeting of February 22, 1999, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered an application for rezoning at a public hearing
and voted unanimously to recommend that the property hereinafter
described be rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of RM-8 (Medium Density
Residential/8 units per acre) District for the following described
property:
That part of the West 1/2 of the East 1/2 of the
Southeast 1/4 of the Northeast 1/4 of the Northeast
1/4 of Section 25, Township 46 South, Range 42
East, lying North of the North right-of-way line of
Germantown Road (now Old Germantown Road), County
of Palm Beach, Florida.
The subject property is located on the north side
of Old Germantown Road, immediately east of Spanish
Wells Condominium; containing 1.415 acres, more or
less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section I hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. 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 5. 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 day of , 1999.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 11-99
'
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LAKEVlEW
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LINTC N BOULEVARD
CANAL L-35 /f CANAL X{ L-36
N WINTER REZONING
CITY OF DELRAY BEACH. FL FROM: A (Agricultural) TO: RM (MEDIUM DENSITY RESIDENTIAL)
PLANNING a, ZONING D[PARTMFNT
--- ~lCl:r41. ~$E ~ ~)~TEM ---- MAP REF: LM321
PLANNING AND ZONING BOARD
CITY OF DELIRAY BEACH ---STAFF REPORT---
MEETING DATE: February 22, 1999
AGENDA ITEM: V.B.
ITEM: Re. zoning from A (Agricultural) to RM (Medium Density Residential) for a
parcel of land located on the north side of Old Germantown Road, east of
the Spanish Wells Condominium.
'~ ' ~. I N T 0 N " ' ' B 0 U L E V A R D~ ~'
~ L--56
GENERAL DATA:
Owners .......................................... Bruce Winter & Connie Araps
Applicant ........................................ Bruce Winter
Agent ............................................. Ron Lasota
Location ......................................... North side of Old Germantown Road, east of Spanish Wells
Condominium
Property Size ................................. 1.41 5 Acres
Future Land Use Map ....................Medium Density (5-12 d.u./ac)
Current Zoning .............................. A (Agricultural)
Proposed Zoning ........................... RM (Medium Density Residential)
Adjacent Zoning ................... North: RM
E. ast: A
South: A & R-l-AAA (Single Family Residential)
West: RM
Existing Land Use ......................... One-story single family residence.
Proposed Land Use ....................... Rezoning to RM to accommodate the construction of an 11-unit
townhouse development with associated parking and landscaping.
Water Service ................................ Available via a connection to an existing 12" water main along Old
Germantown Road.
Sewer Service ............................... Available via a connection to an existing 4" force main along Old
Germantown Road.
V.B.
The action before the Board is making a recommendation on a rezoning request
from A (Agricultural) to RM (Multiple Family Residential - Medium Density).
The subject property is located on the north side of Germantown Road,
approximately 1,240 feet west of Homewood Boulevard.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency shall review and
make a recommendation to the City Commission with respect to rezoning of any
property within the City.
The subject property is an unplatted 1.415 acre parcel of land containing an
existing single family home. The site was annexed into the City in 1988 with
initial zoning of ART (Agricultural Residential Transitional). The ART was applied
as a holding zone for properties annexed to the City to allow existing agricultural
uses to continue. With the citywide rezonings and adoption of the Land
Development Regulations in October, 1990, the property was rezoned to A
(Agriculture).
At its meeting of April 14, 1997, the Planning and Zoning Board held a public
hearing in conjunction with the review of a request to rezone the property from A
to RM (Multiple Family Residential - Medium Density) in order to construct 17
townhomes. Public testimony was taken and concerns were expressed with
respect to the requested density, traffic congestion, aesthetics, and landscaping.
Subsequently, the Board recommended that the rezoning be approved with a
density suffix of 8 units per acre, thereby permitting a maximum of 11 units.
On May 20, 1997, the City Commission passed the ordinance on first reading by
unanimous vote for the purpose of scheduling the formal public hearing.
However, prior to the second reading, the applicant elected to withdraw the
application.
A rezoning request has been submitted by the new owner of the property for the
same zoning classification (RM) which is now before the Board for action.
The proposal is to rezone the subject parcel from A to RM. The rezoning is
being requested in order to construct 11 townhouse units, which equates to a
density of 8 units per acre.
P&Z Staff Report
Rezoning from A to RM (Winter Rezoning)
Page 2
REQUIRED FINDINGS (CHAPTER 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the 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 body which has the authority to
approve or deny the development application. These findings relate
the following four areas.
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use
designation.
The current Future Land Use Map designation for the subject property is MD
(Medium Density Residential, 5-12 du/ac). The requested rezoning change is
from A to RM. The proposed zoning designation of RM is consistent with the
Medium Density Residential Future Land Use Map designation. Pursuant to
LDR Section 4.4.6(B) single and multiple family developments are permitted
within the RM zone district. Thus, a positive finding can be made with respect to
Future Land Use Map consistency.
Concurrency: 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 the levels of
service established within the Comprehensive Plan.
Streets and Traffic:
A traffic impact study was submitted with the request. The existing use of the
property is one single family home, which generates 10 ADT (Average Daily
Trips). The maximum number of units under the proposed RM designation is 16,
which would generate 112 ADT (7 trips x 16 attached residential housing units).
Thus, there is a net potential increase of 102 ADT with the rezoning. If the
property is developed as proposed, with 11 units, 77 ADT will be generated.
Water and Sewer:
Water service is available to the site via a 12" main located in Germantown
Road. The City's Sewer Atlas indicates the nearest sewer facility is an 8" sewer
main located within the Spanish Wells condominium north and west of the site.
P&Z Staff Report
Rezoning from A to RM (Winter Rezoning)
Page 3
Submittal of engineering plans addressing provision of water and sewer services
will be further addressed with the site plan process.
The rezoning from A to RM will generate an increase in water and sewer
demands, however, there is adequate capacity at the existing water and sewage
treatment facilities to handle those demands. Also, the Comprehensive Plan
states that adequate water and sewer capacity exists to meet the adopted LOS
(Level of Service) at the City's buildout population based on the current MD
Future Land Use Map designation.
Parks and Recreation:
The Delray Beach Comprehensive Plan Parks and Recreation Element indicates
that the City meets the adopted level of service for parks and recreation facilities
for the ultimate build-out population of the City. Thus, a positive finding can be
made to this level of service. In addition, pursuant to LDR 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.
Solid Waste:
The proposed 11 unit townhouse development will generate 8.8 tons (11 units x
.8 tons) of solid waste per year. The existing single family home generates 1.99
tons of solid waste per year. The maximum development potential of 16 units
would generate 12.8 tons per year. The proposed townhouse project would
result in an increase in solid waste generation, however, capacity exists to
handle the increase.
Consistency: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5(D)(5) (Rezoning Findings) 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 the
making of a finding of overall consistency.
Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which apply are
as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
P&Z Staff Report
Rezoning from A to RM (Winter Rezoning)
Page 4
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new
use.
Provided below is a listing of uses and zoning designations surrounding the
subject parcel:
South Oakmont Subdivision R-l-AAA
South Rabbit Hollowe Subdivision R-l-AAA
South Verona Woods'Subdivision R-l-AAA
North/West Spanish Wells Condominiums ' '.~/~:: RM (SdU/ac)
East Sum m it Properties Apartments PRD ( 17.7 d u/ac)
East Single Family Residence, Nursery
The 11 unit townhouse development is proposed at 8 du/ac, which is less than
the maximum allowed density under the RM designation. The RM zone district
provides a residential district with flexible densities having a base of six (6) units
per acre and a range to twelve (12) units per acre.
Pursuant to LDR Section 4.4.6(H) density may exceed the base of six (6) units
per acre only after the approving body makes a finding that the project has
substantially complied with the performance standards of LDR Section 4.4.6(I).
The density for a specific RM development may be further limited by a numerical
suffix affixed to the designation and shown on the zoning map.
To assure maximum compatibility with adjacent densities, the Board may want to
apply a suffix to the zoning designation to a density similar to that of Spanish
Wells (8 units per acre) which directly abuts this development to the west and
north.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of
Section 3.1.1, the City Commission must make a finding that the rezoning
change fulfills one of the reasons for which the rezoning change is being
sought. These reasons include the following:
a) That the rezoning had previously been changed, or was originally
established in error;
b) That there has been a change in circumstances which make the
current zoning inappropriate;
P&Z Staff Report
Rezoning from A to RM (Winter Rezoning) _
Page 5
c) That the requested zoning is of similar intensity as allowed under
the Future Land Use Map and that it is more appropriate for the
property based upon circumstances particular to the site and/or
neighborhood.
The applicant submitted a justification statement as a part of the rezoning
application. The statement indicates that the applicable reason is "c". The
justification statement is summarized below:
The Agricultural Zone Distdct (A) serves as a ho/ding zone designation.
At this time the property owner desires a zoning compatible with the land
use of multifamily residential. The change to RM from A would also
create a more compatible zoning with adjacent properties.
Comment: This justification is correct, as agricultural uses are not envisioned for
the long term on this property, given the surrounding housing developments.
The underlying land use allows for a zoning designation that will accommodate a
multiple family residential use, which is consistent with the development pattern
to the north, east, and west of the site.
The requested zoning is consistent with the Future Land Use Map designation
(Medium Density Residential), however, as previously stated compatibility
concerns are noted if density were established at the maximum density of 12
units per acre. The proposal calls for construction of 11 units at a density of 8
du/ac. Application of a density suffix may be appropriate to ensure compatible
future development of the site.
COMPREHENSIVE PLAN
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and the following policies are noted.
Future Land Use Element Policy A-1.1 (Medium Density Residential) This
designation is applied to land which...is to be developed, at a density of
five to twelve units per acre. Such land is usually developed in planned
communities or exists in older areas where there are duplexes and
condominiums. Home ownership is characteristic of this designation.
Where this designation exists, uses other than those which are residential
in character shall not be considered.
The proposed housing type, townhouse units, is consistent in terms of
surrounding residential properties, which consist of single family residences,
apartments and condominiums:
P&Z Staff Report
Rezoning from A to RM (VVinter Rezoning)
Page 6 ..'
Spanish Wells Condominium: 8 du/ac.
Oakmont Subdivision: 2.35 du/ac.
Rabbit Hollowe Subdivision: 1.23 du/ac.
Verona Woods Subdivision: 2.35 du/ac.
Crosswinds Planned Residential
Development (overall): 9.95 du/ac.
Crosswinds Subdivision: 4.14 du/ac.
Summit Properties Apartments: 17.7 du/ac.
Crosswinds Condominiums: 8 du/ac.
The proposed density of 8 units per acre is in keeping with the housing densities
in the area.
Housing Objective B-2 Redevelopment and the development of new land
shall result in the provision of a variety of housing types which shall
continue to accommodate the diverse makeup of the City's demographic
profile.
The property is surrounded by the Spanish Wells condominium development to
the north and west. single family residences to the south, and an apartment
complex and single family home to the east. The proposed project calls for
townhouse units which do not exist within the surrounding developments, and
thus will achieve the above listed objective by providing a variety of housing
types in the immediate area. This item will be addressed with the site plan
submittal.
Compliance with Land Development Regulations: The proposed use is to
be in compliance with the Land Development Regulations.
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on a land development
application/request.
No site plan has beech submitted for this proposal. While the requirements of the
Land Development Regulations will be reviewed at site plan, the following
comments are provided.
LDR Section 4.3.3(0) Townhouse and Townhouse Type of Development:
The setback and design requirements for this townhouse development will be
addressed at the time of site plan review. Aisc, per LDR Section 4.3~3(O)(2),
each townhouse, or townhouse type, development shall be platted with a
P&Z Staff Report
Rezoning from A to RM (Winter Rezoning)
· ' Page ?~
minimum designation of the interior street system as a tract. When the dwelling
units are to be sold, each such unit must be shown on the plat.
LDR Section 4.4.6(H)(1) Special Regulations (Density):
A minimum density of six units per acre is established for duplex and multiple
family housing projects within this district. Density may exceed the base of six
units per acre only after the approving body makes a finding that the project has
substantially complied with performance standards as listed in 4.4.6(I). In no
event shall a development's total density exceed 12 units per acre. The density
for a specific RM development may be further limited by a numerical suffix
affixed to the designation and shown on the zoning map. Staff recommends that
a suffix of 8 units per acre be applied to this property.
LDR Section 4.4.6(I) Performance Standards:
In order to increase a project density beyond six (6) units per acre, the approving
body must make a finding that the development substantially complies with the
performance standards listed in this section. The intent of the standards is to
mitigate the impacts of the additional density both internal and external to the
site. The extent to which a project meets the standards will determine the
number of units per acre that will be permitted.
The performance standards used to evaluate multifamily developments pertain to
traffic circulation, building design and layout, streetscape and landscaping, and
open space. Given the size of the subject parcel and the type of development
proposed, some of the standards may not be applicable. These performance
standards will be reviewed at site plan.
The rezoning 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).
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius
of the subject property.
Special courtesy notices have been sent to:
P&Z-Staff Report
Rezoning from A to RM (~'/inter Rezoning)
Page 8
E:I Oakmont Homeowners Association
I::1 Crosswinds Homeowners Association
E:I Foxe Chase Horr~eowners Association
121 Andover Homeowners Association
1::3 Rabbit Hollowe Homeowners Association
I~ Spanish Wells Condo Association
D Progressive Residents of Delray
g:l United Property Owners
121 Presidents Council
Letters of objection, if any, will be presented at the P & Z Board meeting.
The proposed rezoning of the subject prope~ to RM is consistent with the
prope~y's Future Land Use Map designation of Medium Densi~ Residential (5-
12 du/ac). The propo~l is to construct 11 townhouse units (8 du/ac), which is
under the maximum allowed densi~ under the RM district (12 du/ac). To ensure
compatibility with adja.~nt residential uses it is recommended that a density
su~x of 8 units per a~re, similar to the density of the abusing Spanish Wells
condominium development, be applied to this prope~. If the rezoning is
approved, a site plan, landscape plan, and engineering plans consistent with the
requirements of the La~d Development Regulations will be submi~ed for review
by staff, and consideraS~n by the Site Plan Review and Appearance Board.
With the application of a density su~x the required positive findings with respect
to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, the pedormance
standards of Section 3.3.2, and policies of the Comprehensive Plan can be
made. Based on the above, the proposed rezoning of the subject prope~ to
RM with a densi~ of 8 du/ac is recommended for approval.
A. Continue with dire~3n.
B. Recommend rezordng of the property from A to RM based on positive
findings with respe...-t to Section 2.4.5(D)(5) (Rezoning Findings), Section
3.1.1, Section 3.3.2 (Standards for Rezoning Actions), and Comprehensive
Plan policies.
P&Z Staff Report
Rezoning from A to RM ('~Mnter Rezoning)
Page 9 ...
C. Recommend rezoning of the property from A to RM-8, based on positive
findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section
3.1.1, Section 3.3.2 (Standards for Rezoning Actions), and Comprehensive
Plan policies.
D. Recommend denial of a rezoning, based on a failure to make positive
findings with respe~ct to Section 2.4.5(D)(5) (Rezoning Findings), Section
3.1.1, Section 3.3.2 (Standards for Rezoning Actions), and Comprehensive
Plan policies.
Recommend approval of the rezoning request from A (Agricultural) to RM
(Multiple Family Residential - Medium Density), with a density suffix of 8 units per
acre, based upon positive findings with respect to 3.1.1 (Required Findings),
Section 3.3.2 (Standards for Rezoning Actions) of the Land Development
Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5).
Attachments:
· Location Map
· Zoning Map
· Survey
FEB 25
......... ': ~ Rabbit Hollowe Homeowners Association
:' ~ iTM ,~'~ . - .... *~ ,
. ~. ,* ', , 2140 R~bbit Hollowe Circle
....... : '~ Delray Beach, FL 33445
February 23,1999
Honorable Mayor and City Commissioners
City of Delray Beach
100 NW 1' Avenue
Delray Beach, FL 33444
Subject:: Winter Application for Rezoning, North Side of Old Germantown Road
Gentlemen:
The Rabbit Hollowe Homeowners' Association (RHHOA) is a 35 member association of private
dwellings whose entrance and property is directly across Old Germantown Road (on the south side)
from the parcel which the applicant seeks to rezone. The requested change is from Agricultural to
Medium Density residential. The parcel measures 1.415 acres; the proposal is to build out at 8
du/acre, for a total of 11 units.
On February 22, 1999 the Planning and Zoning Board approved, over our voiced opposition, the
applicants request to RM with a density of 8 du/acre.
RHHOA does not oppose the rezoning to RM. It does however emphatically oppose any density limit
in excess of 7 du/acre for a total maximum of 9 du for the site in question.
The reasons for the RHHOA position are as follows:
Incompatibilty with surrounding developments: P & Z's recommended density of 8 du/acre for the
subject property would introduce a significant incompatibilty with, and departure from, the densities
allowed for the surrounding developments whose only access is Old Germantown Road. P & Z
seemed to focus only on the density of other properties on the north side of the road rather than the
totality of the area. Unlike the subject property, both Spanish Wells and Crosswinds have direct
access to Linton Boulevard, and their higher densities are no doubt directly~elated to their proximity
and dependence on this major thoroughfare.
To aggravate the situation, adjacent to the subject property are two parcels which together are about
the same size as the subject property, and, like it, have entrance and egress only by way of Old
Germantown Road. If the recommended 8 du/acre were to be approved for the subject parcel, it
would be virtually impossible to deny like approval to these two parcels, resulting in even further
disruption to the compatibility of the neighbor hood.
Aggravation of traffic problems: Old Germantown Road is now virtually fully developed. To the west,
from the Blood Groves property to Military Trail and beyond, heavy development is either completed
or underway. As a result there has been & very substantial increase in the density ov vehicular traffic
along Old Germantown Road. This. coupled with increased traffic to and from Office Depot and
Orchard View Elementary School has caused a significant change to the traffic flow on Old
Germantown Road. Likewise there has been an increase in pedestrian traffic, over and above the
numerous walkers and joggers who use the road. I~should also be noted that access to the subject
property will be directly across from an existing Palm Beach County School District bus stop located
at the entrance to Rabbit Hollowe. RHHOA is concerned that the resulting increase in traffic will only
enhance the inconvenience and danger to its members and others, including school children, for
whom Old Germantown Road provides the only access to their homes.
Esthetics and Landscaping: RHHOA is concerned that this small parcel, at the recommended density
may have the character of a concrete slab made up primarily of parking spaces, road and buildings,
presenting an unattractive aspect to neighbors and passersby. As such it would indeed be
incompatible with its surroundings.
The P & Z Recommendation: Its conclusion is arbitrary and unreasonable and rests solely on the so
c~lled compatibility with surrounding developments on the north side of the road not considering the
south side of the road nor the fact that this property only will have access via Old Germantown Road.
We would also like to respectfully remind the City Commission that a prior filing for the re~3ning of this
property lead to avote of RM with a maximum of 6 du/acre. This determination was subsequently
withdrawn at the request of the then applicant.
Taking into all of the above reason, the RHHOA urges the Mayor and Commissioners, if they approve
the re. zoning to RM, to do so with the express limitation of a maximum density of 7 du/acre for a total of
9 du for the subject property.
Respectfully submitted,
Rabbit Hollowe Homeowners Association
Brace C. Steinhardt
President
TO: DAVID T. HARDEN, CiTY MANAGER ,(~ --* ~ . ,,., (~
THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANI~IING & Z G' ~ '~
FROM: PAUL DORLING, ~[INClPAL PLANNER
SUBJECT: MEETING OF MARCH 2, 1999: AMENDMENT TO LDRs SECTIONS
4.6.3, 5.3.1, 6.1.2, and 6.1.4, RE~TING TO INF~STRUCTURE
IMPROVEMENT OBLIIGATIONS.
The action requested of the City Commission is that of approval of LDR changes to
Sections 4.6.3, 5.3.1, 6.1.2 and 6.1.4 relating to infrastructure improvement obligations.
The proposed LDR amendments will clarify the current requirements that all improved
lots are to be accessed from a paved street, road or alley. These changes are
necessary given the recent court ruling in the Powell case which indicated that the
LDRs as written "could not reasonably be interpreted to impose such a paving
requirement". The inability of the court to correctly interpret the current LDRs came
from confusion relating to the location of certain LDR sections, inappropriately located
subsections, and lack of references to the regulations applying to alleys as well as to
streets.
In summary the changes to Section 4.6.3 include relocating the entire section from
"Supplementary District Regulations"to the "Infrastructure and Public Property" portion
of the LDRs. In addition, language was included to clarify that all improved lots are to
take access from a paved surface and if not available, a continuously paved access
must be constructed from the site to the nearest paved street, road or alley.
Section 5.3.1(E) has been relocated from Chapter 5 (Subdivision Regulations) to
Chapter 6 "Infrastructure and Public Property" as it applies to all development, not just
property being subdivided. This section was added under Section 6.1.2 (Streets and
Alleys) and contains additional language stating that requirements apply to access for
all lots including those which take access from alleys.
Section 6.1.2 has been modified to add Section 5.3.1 along with additional references to
alleys. Section 6.1.4 has been modified by moving the "Exemption of Backing into
Alleys" section so it is clear the exemption only refers to requirements of Subsection
6.1.4 (C) and not to the entire Section 6.1.4. Confusion with this exemption section was
cited by the court as one of the reasons the LDRs as currently written could not be
reasonably interpreted to require paving in the Powell case.
City Commission Documentation
Amendment to Ldrs Sections 4.6.3, 5.3.1,6.1.2, and 6.1.4, Relating to Infrastructure Improvement Obligations
Page 2
These changes have been reviewed by the City Attorney's office and the City Engineer
and clarify public infrastructure requirements of site development. The relocation of
certain LDR sections to more appropriate and applicable sections of the LDP, s will allow
the requirements to be implemented as intended.
The Planning and Zoning Board considered the amendments at a public hearing on
February 22, 1999. No one from the public spoke and the Board unanimously
recommended approval on a 6-0 vote (Eliopoulos absent).
By motion, approve the attached changes to LDR Sections 4.6.3, 5.3.1, 6.1.2 and 6.1.4
relating to infrastructure improvement obligations.
Attachment: P&Z Staff Report for Meeting of February 22, 1999
S:~adv~ldrddveccdoc
ORDINANCE NO. 12-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.3,
"ACCESS REQUIREMENTS AND RESTRICTIONS", SECTION
5.3.1, "STREETS (RIGHTS-OF-WAY)", SUBSECTION
5.3.1(E), "IMPROVEMENT OBLIGATIONS", SECTION 6.1.2,
"STREET DESIGN", AND SECTION 6.1.4, "DRIVEWAYS AND
POINTS OF ACCESS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO CLARIFY
AND CONSOLIDATE PUBLIC INFRASTRUCTURE REQUIREMENTS
AND OBLIGATIONS FOR SITE DEVELOPMENT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on February 22, 1999, and voted unanimously to recommend
approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the changes are consistent with and further the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.6.3, "Access Requirements and
Restrictions", Section 5.3.1, "Streets (Rights-of-Way)", Subsection
5.3.1(E), "Improvement Obligations", Section 6.1.2, "Street Design",
and Section 6.1.4, "Driveways and Points of Access", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same are hereby amended as set forth in Exhibit "A" attached
hereto and made a part hereof.
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 its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1999.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 12-99
Section 4.6.3 Access Requirements and Restrictions:
................ ~ ......... ~ ...... ~. v~v..~ ~ ................... ~ ...... ~. v~v, .~ .............
Section 5.3.1 (E)
(E) Improvement Obligations: Concurrent, or prior to, construction
associated with an approved development application, the development shall provide
for the construction of improvements as identified in Section 5.3.1(C),._,3n~ off-site
improvements as imposed as conditions of approval as well as improvements identified
under Section 6.1.2 (A). +"
Exhibit "A" to Ordinance 12-99 Page 1 of 11
CHAPTERSIX INFRASTRUCTURE AND PUBLIC PROPERTY
ARTICLE 6.1 DESIGN STANDARDS AND REQUIREMENTS
Section 6.1.1 General:
(A) Rule: The standards contained within this Article are applicable to the
provision of essential services associated with development and redevelopment. These
standards apply to the installation of infrastructure whether or not it is publicly or
privately maintained.
(B) Waivers Allowed: Waivers to the Standards set forth in this Article 6.1
are allowed pursuant to Section 2.4.7(B)(1)(a) provided that the City Engineer concurs
in the granting of the waiver.
Section 6.1.2 Streets and Alleys:
(A) Improvement Obligations: Concurrent, or prior to, construction
associated with an approved development application, the development shall provide
for the construction of improvements as identified in Section 5.3.1(C) and off-site
improvements to the following extents.
(1) When the street or alley is totally contained within a subdivision or
development project, all improvements necessary to accommodate the demands and
impacts of the project shall be provided.
(2) When the street or alley is located on a boundary of the project, the
project is responsible for providing one-half of the current costs (in cash funds) of such
improvements along its property line unless the project requires greater participation as
follows in subsections (a) or (b).
(a) When access to the project is provided from a local street
and/or alley, then the project must provide appropriate traffic
lanes meeting requirements of Section 5.3.1(C) in order to
provide continuous paved access from the nearest paved
Exhibit "A" to Ordinance 12-99 * Page 2 of 11
street or alley to the project in addition to the improvements
on its side of the center line of right-of-way.
(b) When additional travel lanes are required to accommodate
demands made by the project, then the project needs to
provide such additional traffic lanes in addition to the
improvements on its side of the center line of right-of-way
and those required by 5.3.1. (E)(2)(a).
(3) Off-site improvements must be provided as imposed by conditions
of approval on the development application.
~ (B) Principles of Design: The following principles of street and alley design
and layout shall be followed in the platting of subdivisions and development of single
lots and large tracts of land. Th~ ~"* ..... *'-*~ .... '~ ....... ~'*+ ...... , +k,~, ,~nnlir~fir,-
(1) The arrangement, character, extent, width, grade, and location of
all streets shall conform to the Palm Beach County Thoroughfare Plan, the Florida
Department of Transportation Highway Plan, and the Master Street Plan as contained in
the Traffic Element of the Comprehensive Plan. Also, these factors shall be considered
in their relation to existing and planned streets, to topographic conditions, to public
convenience and safety, in their appropriate relationship to the proposed use of the land
to be served by such streets, and the most advantageous development of the
surrounding neighborhood.
(2) A proposed street or alley layout shall provide for the continuation
or projection of existing streets and alleys in the surrounding area unless the Planning
and Zoning Board deems such extension undesirable for specific reasons of topography
or design.
(3) Any new street or alley that is an extension of an existing street or
alley shall have the same width of right-of-way and be paved to the same widths as the
existing street or alley provided that it must meet the minimum construction standards of
these regulations and that such widths meet the minimum requirements of this Section.
(4) Residential streets,alleys and access roadways shall be laid out to
discourage through traffic, but provision for street and alley connections into and from
adjacent areas will generally be required.
(5) Where development abuts, or contains, an existing or proposed
arterial street, the City may require marginal access streets, reverse frontages with
screen planting contained in a non-access reservation along the rear property line, deep
lots with rear service alleys, or such other treatment as may be necessary for adequate
protection of residential properties and to afford separation of through and local traffic.
Exhibit "A" to Ordinance 12-99 Page 3 of 11
(6) Where a development borders on or contains a railroad right-of-
way, expressway, drainage canal, or waterway, the City may require a street
approximately parallel to and on each side of the right-of-way, at a distance suitable for
the appropriate land use of the intervening land. The distance shall also be determined
with due regard for the requirements of approach grades for future bridges or grade
separations.
(7) Reserve strips controlling access to streets shall be prohibited
except where their control is definitely placed in the City under approved conditions.
Such reserve strips shall be required, as limited access easements, along all arterial
and collector streets except for approved points of ingress and egress.
(8) Curvilinear streets are recommended for residential, minor, and
collector streets in order to discourage excessive vehicular speeds and to provide
attractive vistas.
(9) "T" intersections of minor and collector streets are encouraged.
(.B.)(C) ,~.ee&.Design Requirements: The following standards shall be met in
the design of all streets or alleys.
(1) Curves:
(a) Whenever a street or alley changes direction, or connection
street lines deflect from each other by more than ten
degrees, there shall be a horizontal curve.
(b) A tangent shall be provided between reverse curves. The
tangent shall have the minimum lengths of:
* 100' along collector streets
* 250' along arterial streets
(c) Center line radii for horizontal curves shall be:.
· 150' along local streets
· 300' along collector streets
· 500' along minor arterials
· 750' along major arterials
(2) Intersections:
(a) Streets shall be laid out to intersect as nearly as possible at
right angles. No street shall intersect another at an angle of
Exhibit "A" to Ordinance 12-99 ~' Page 4 of 11
less than 60 degrees except at a "Y" intersection of local
streets.
(b) Intersections involving junction of more than two streets are
prohibited except where found to be unavoidable by the
Local Planning Agency.
(c) As far as possible, intersections along arterial streets shall
be located not less than 800 feet apart, measured from
center line to center line.
(d) Street jogs with center line off-sets less than 125' shall be
avoided.
(e) Property line radii shall be as follows:
25' along local streets
· Greater than 25', as determined by the City Engineer,
at intersections which are less than 60 degrees
· Edge of paving shall be on a minimum radii of 40 feet
excepting in cases where the width of right-of-way
does not so permit.
(3) Paving Widths:
(a) Minimums: The following are the minimum paving widths
which are required for the category of street or alley.
I MINIMUM PAVING
CATEGORY WIDTHS
Arterial Street 24 3c_ Feet
Collector Street 2~, 36 Feet
Local Streets 24 Feet
Marginal Access Street 24 Feet
Access Roadway 24 Feet
Alleys 16 Feet
(b) Additional Paving: Additional width may be required by the
City Engineer to promote public safety and welfare, and to
assure adequate access, circulation, and parking in high-
density residential areas, commercial areas, and industrial
Exhibit "A" to Ordinance 12-99 Page 5 of 11
areas. To'determine the necessity for additional pavement,
the City Engineer may require the applicant to furnish a
traffic impact analysis and, based upon this analysis, the City
Engineer shall determine the extent to which any additional
paving will be needed.
(c) Reduction in Paving Width: Upon the recommendation of
the City Engineer, and with the approval of the Fire Marshal,
the Commission may authorize a reduction in the minimum
required width of paving as set forth in (a) of this Subsection,
if it is determined that the requirements of (a) of this
Subsection would not be feasible or would constitute a
hardship in a particular instance and provided this reduction
would not endanger public safety and welfare.
(4) Dead-End Streets and Cul-De-Sacs:
(a) Rule: Dead-end streets without provision of a turnaround
are prohibited. Generally, a cul-de-sac shall be required;
however, in unique situations where a cul-de-sac cannot
reasonably be accommodated either a "T" or "hammerhead"
turn around may be accepted by the Local Planning Agency
if approved by the Fire Marshal.
(b) Temporary Dead-Ends: If a street is to be a through street
but shall terminate in a dead-end for a significant period of
time, a temporary turnaround shall be provided. The
temporary turnaround shall be paved unless otherwise
provided for by the Planning and Zoning Board.
(c) Length: A dead-end street shall not exceed 1,000 feet
except upon a finding by the Planning and Zoning Board that
one or more of the following would occur:
· The preservation of natural features and resources
· Elimination of unnecessary traffic in the area
· Preservation or increasing of open space.
(d) Cul-De-Sac Turnaround Design Standards: The cul-de-
sac shall be constructed to the following standards:
Minimum diameter to the outer edge of pavement, or
curb line, of ninety feet (90')
Exhibit "A" to Ordinance 12-99 Page 6 of 11
· Minimum diameter to property line of one hundred feet
(100').
(.C,.)(D) Street and Alley. Construction Standards: Before any street or alley
construction plans are approved by the City Engineer, he shall be satisfied that the
following requirements, conditions, and standards are complied with.
(1) Standard Reference: The Florida Department of Transportation
Specification for Road and Bridge Construction, Edition of 1973, and all Supplemental
Specifications, all of which shall be hereinafter referred to as the DOT Specifications,
are hereby made a part of this subsection. Where reference is made to the department
in the DOT Specifications, it shall be construed to refer to the City. Any and all work not
specifically mentioned hereafter shall be performed in accordance with the applicable
portions of the DOT Specifications.
(2) Clearing and Grubbing: Unless specifically approved in the plans
and specifications the entire width of the right-of-way shall be cleared and grubbed in
accordance with Section 110 of the DOT Specifications.
(3) Excavation and Embankment: Excavation and fill, if called for in
the approved plans and specifications, shall be in accordance with the applicable
portions of Section 120 of the DOT Specifications.
(4) Subgrade: The subgrade shall be uniformly stabilized to a depth of
eight inches to produce a Florida bearing value of 50 psi, in accordance with Section
160 in the DOT Specifications. A compaction of 98% of the maximum density as
determined by AASHO Method T-180 shall be deemed sufficient. Unless specifically
deleted in the approved plans and specifications, shoulders eight feet in width on each
side of the base course shall be stabilized in accordance with Section 160 of the DOT
Specification. The subgrade shall be brought to true grade and approved by the City
Engineer prior to installation of the base course.
(5) Base Course:
(a) A base course of limerock as specified in Section 911 of the
DOT Specifications shall have a minimum depth of eight
inches after compaction, and shall be compacted in two
layers to the 98% dry density, all in accordance with the
provisions of Section 200 of the DOT Specifications. Ocala
formation or Miami Ocala formation is acceptable; minimum
percentage of carbonates (of calcium and magnesium) in
limerock material shall be 95% for Ocala limerock and 70%
for Miami limerock. The width of the base course shall
exceed the width of pavement as called for in the approved
plans and specifications by 12 inches on each side. The use
of forms for this course will not be required, and the use of
suitable equipment shall be approved by the City Engineer.
Exhibit "A" to Ordinance 12-99 *' Page 7 of 11
The base course shall be inspected and approved by the
City Engineer prior to installation of the prime coat.
(b) In case the above materials are not available, the City
engineer may allow deviations from the above specifications,
or may permit the use of shell rock. Shell material shall be
molusk shell. At least 50% (by weight) of total material shall
be retained on a No. 4 sieve, not more than 7-1/2% (by
weight) of the total material shall pass the No. 200 mesh
sieve when determined by elutriations (washing), 40%
carbonates by weight. If shell material of the above
proportions is not available, deviations may be approved by
the City Engineer.
(6) Priming: After approval, the base course shall be pdmed and a
tack coat applied all in accordance with Section 300 of the DOT Specifications.
(7) Surface Course: The surface course shall be Type II hot laid
asphaltic concrete and shall have a minimum depth of 1-1/2 inches after compaction.
Width of paving shall be as called for in the approved plans and specifications and all
work shall be in accordance with the applicable portions of Sections 320, 330, 331, and
332 of the DOT Specifications. Final inspection and approval of the surface course by
the City Engineer shall be required.
(8) Clean Up: The site shall be cleared of all debris, excess fill, and
equipment in a good and workmanlike manner as approved by the City Engineer.
(9) Grade, Drainage: The City Engineer shall approve the grade and
drainage facilities for all construction before a permit shall be issued therefor.
(10) Specifications for Curbs and Gutters: Where the road section
approved by the Commission calls for curbs and gutters, they shall be constructed of
Class I concrete with a minimum strength of 3,000 psi in accordance with Section 520 of
the Florida Department of Transportation Standard Specifications for Road and Bridge
Construction, Edition of 1973.
Exhibit "A" to Ordinance 12-99 · Page 8 of 11
Section 6.1.4 Driveways and Points of Access:
(A) Principles of Design:
(1) General Application: Regulation of the configuration of driveways
and limitations on the points of access from private property onto street systems are
necessary to provide for safe and efficient control of vehicular movement.
(B} Access Requirements and Restrictions:
(1) All buildings and structures shall be on a lot that takes access from
a paved street, alley, or road. All buildings and stm~ures shall be located on lots in
such a manner as to provide for safe and ~nvenient access for se~icing, fire
prote~ion, and required off-street parking. Driveways and points of access are fudher
governed by Section 6.1.4.
(2) Where commercially zoned properly is adjacent to, but separated
by a street from single family zoned prope~y, the commercially zoned prope~y shall not
use such separating street as access unless no other means of ingress and egress to
the ~mmercially zoned prope~y exists.
(3) All improved lots shall have frontage on a paved private or public
street. All access to improved lots shall be from a paved private or public street, road or
alley. If paved access is not available the development must provide continuous paved
access from the site to the nearest paved street, road or alley.
(4) All streets and alleys shall be defined by being a dedicated right-of-
way (for public streets) or as a tract of land (private streets).
(.B.)(C) Design Requirements:
(1) Minimum Width: A two-way driveway shall norTnally have a width
of twenty-four feet (24'). In instances where there are no points of conflict in the
immediate vicinity of the driveway and the internal circulation system, the width may be
approved at a minimum width of twenty feet (20'). One-way points of ingress and
egress shall have a width of twelve feet (12'). These minimum provisions do not apply
to detached single family development.
(2) Maximum Width: Exceptions to the normal 24' width may be
granted for:
(a) Points of ingress and egress to gasoline stations up to a
maximum width of thirty-six feet (36');
Exhibit "A" to Ordinance 12-99 Page 9 of 11
(b) Controlled access points into a shopping center may have a
width greater than 24' when such width is necessary to
handle the volume of traffic at the point of access; The need
for such width shall be demonstrated through a traffic study;
(c) Points of egress for Fire Stations and similar facilities which
require ample maneuvering area.
Note: The above regulation prohibits "curb-cuts" greater than 24' and will, thus, not
accommodate the practice of vehicles backing from the parking area of duplexes
into adjacent streets, except from at a 24' wide driveway.)
(3) Number, Location, .Spacing, ,and Stacking: The following
spacing requirements shall be observed in the location and spacing of driveways.
(a) Number: There shall be no more than two points of access
into a non-residential development along any street unless
the need for additional spaces is proven by a traffic study
and the additional points of access are specifically granted
through the site plan review process.
(b) Location:
· No driveway shall be located within twenty-five feet (25')
of the extension of ultimate right-of-way lines at any
intersection.
No driveway shall be located within five feet (5') of a
property line except in zero lot line developments.
· Driveways at gasoline stations or convenience food
stores shall not be within fifteen feet (15') of an interior
property line.
· Access roads and driveways which access parking lot
with more than 100 spaces shall be located so as to be
directly across from or off-set by a minimum distance of
fifty feet (50') from existing driveways located on parcels
or lots across a common street, unless cross access is
prohibited by a median.
(c) Spacing: A minimum distance of twenty-five feet (25') shall
be maintained between driveways located on the same
parcel or lot.
Exhibit "A" to Ordinance 12-99 · Page 10 of 11
(d) Stacking: See Section 4.6.9(D)(3)(c). [Amd. Ord. 22-92
6/16~92]
(4) Sight Distance:
(a) Sight distance pursuant to Section 4.6.14 shall be provided
at the intersection of driveways and streets.
(5) A nonpublic (private) access easement upon one Lot or Parcel
which provides ingress and egress for one adjoining single family Lot (or Parcel) of
Record, and similar uses, is excluded from the provisions of this Subsection (B).
(6) Exemption of Backing Into Alleys: The design requirements of
this subsection (C) do not apply to situations where vehicles are allowed to back directly
into adjacent alleys. All other subsections shall apply including A,B, and D.
/~C.)(D) Construction Requirements:
(1) Driveways may be constructed of concrete or asphalt. In addition,
the City Engineer may approve an alternative surface type including, but not limited to,
stamped concrete which creates a noticeable pattern in the finished product. When the
alternative surface is loose rock (i.e. Chatahoochee) and there is a sidewalk in front of
the property, the loose rock shall be limited to the private property side of the sidewalk
(no loose stone in the right-of-way). If the City has to perform maintenance within the
rights-of-way, any displaced stamped concrete will be replaced with a smooth, non-
colored, non-stamped finish. At the discretion of the City Engineer, the stamped surface
may be replaced with a similar stamped surface if the additional cost (over and above
smooth, non-colored, non-stamped finish) is borne by the abutting property owner.
Alternative surfaces other than stamped concrete will be replaced with material at the
discretion of the City Engineer. [Amd. Ord. 5-98 1120198]
(2) Driveways shall include that portion of the street located between
the travelway (traffic lanes) and private property and said area shall be paved or
improved with an alternative surface as approved by the City Engineer.
(3) If an alternative driveway surface other than concrete is selected,
the subbase is to comply with standards outlined in LDR Section 6.1.2 (C). [Amd. Ord.
5-98 1120198]
(4) Maintenance of concrete, asphalt or alternative surface driveways
constructed within the right-of-way is the responsibility of the
abutting property owner. [Amd. Ord. 5-98 1/20198]
S.adv/Id ramenddriveways
Exhibit "A" to Ordinance 12-99 ~ Page 11 of 11
MEETING OF: FEBRUARY 22, 1998
AGENDA ITEM: V.C. AMENDMENT TO LAND DEVELOPMENT REGULATIONS
SECTIONS 4.6.3, 5.3.1, 6.1.2, and 6.1.4, RELATING TO
INFRASTRUCTURE IMPROVEMENT OBLIIGATIONS.
The item before the Board is that of making a recommendation to the City Commission
regarding proposed LDR changes to Sections 4.6.3, 5.3.1, 6.1.2 and 6.1.4 relating to
infrastructure improvement obligations.
The proposed LDR amendments to Sections 4.6.3, 5.3.1, 6.1.2 and Section 6.1.4 will
clarify the current requirements that all improved lots are to be accessed from a paved
street, road or alley. These changes are necessary given the courts recent rulings in
the Powell case which indicated that the LDRs as written "could not reasonably be
interpreted to impose such a paving requirement". The inability of the Courts to
interpret the current LDRs came from confusion relating to the location of certain LDR
sections, inappropriately located subsections and lack of references to the regulations
applying to alleys as well as to streets.
The amendments deal with four specific LDR sections as identified above. In summary
the changes to Section 4.6.3 include relocating the entire section from "Supplementary
District Regulations" to the "Infrastructure and Public property" portion of the LDRs. In
addition, references to the regulations extending to alleys were added including
clarifying language that all improved lots are to take access from a paved surface and if
not available, they must construct a continuously paved access from the site to the
nearest paved street, road or alley.
Section 5.3.1(E) has been relocated from Chapter 5 (Subdivision Regulations) to
Chapter 6 "Infrastructure and Public Property" as it applies to all development not just
subdivided property. This section was added under Section 6.1.2 (Streets and Alleys)
and contains additional language stating that requirements apply to access for all lots
including those which take access from alleys.
P&Z Board Memorandum Staff Report
Amendment to the LDRs Sections 4.6.3, 5.3.1, 6.1.2 and 6.1.4. infrastructure obligations
Page 2
Section 6.1.2 has been modified to add Section 5.3.1 and additional references to alleys
have been added. Section 6.1.4 has been modified by moving the "Exemption of
Backing into Alleys" section so it is clear the exemption only refers to requirements of
Subsection 6.1.4 (C) and not to the entire Section 6.1.4. Confusion with this exemption
section was cited by the Court as one of the reasons the LDRs as currently wdtten
could not be reasonable interpreted to required paving in the Powell case.
'
These changes have been reviewed by the City Attorneys office and the City Engineer
and clearly outline public infrastructure requirements of site development. The
relocation of certain LDR sections to more appropriate and applicable sections of the
LDRs will allow the requirements to be interpreted as they were intended.
Recommend that the City Commission approve the attached changes to LDR Sections
4.6.3, 5.3.1, 6.1.2 and 6.1.4 relating to infrastructure improvement obligations.
S:~adv~ldrdrive
-2-
THRU: DIANE DOMINGUEZ. P~NNING AND
FROM:
SUBJECT: MEETING OF MARCH 2, 1999
AMENDMENT TO LAND DEVELOPMENT REGU~TIONS CHAPTER THREE
PREFORMANCE STANDARD8
I
At its meeting of December 9, 1997, the Ci~ Commission adopted changes to the
Comprehensive Plan via Ordinan~ 32-97, which included recommendations made from the
Evaluation and Appraisal Repo~ (EAR). Each element of the Ciys Comprehensive Plan
was revised to update information and the status of Objectives and Policies. In addition,
each Element was mforma~ed to improve readabili~ and logic, and to be~er track the 8rate
rule requirements. Information and policy directives were added, deleted, and modified as
recommended in the adopted ~R.
Chapter Throe of the Land Development Regulations sets foAh the Level of 8ewice
Standards consistent with the Comprehensive Plan for determining concurrency. It also sets
fo~h pe~o~an~ standards by which a development application shall be assessed for the
pu~ose of determining overall consistency with the Comprehensive Plan along with good
planning, engineering and design practices. This chapter became outdated when the
Comprehensive Plan was amended and needs to be changed in order to be consistent with
the Objectives and Policies of the EAR based Comprehensive Plan. Therefore, the proposed
amendments to Chapter Throe am corrective in nature. Additional background and an
analysis of the request am found in the a~ached Planning and Zoning Board 8taft Repo~.
I
At its meeting of Februa~ 22, 1999, the Planning and Zoning Board held a public hearing on
the amendment to Chapter Throe. After reviewing the staff mpo~ and discussing the
amendment, the Board voted 6-0 (Eliopoulos absent) to recommend approval of the
proposed amendment to Chapter Throe Perchance Standards of the Land Development
Regulations.
I
By motion, approve on first reading te~ amendments to Chapter Three Performance
S~ndards of the Land Development Regulations, seffing a public hearing date of March 16,
1999.
A~achment: P&Z Staff Repo~ and Documentation of Februa~ 22, 1999
ORDINANCE NO. 13-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING CHAPTER THREE, "PERFORMANCE
STANDARDS", TO CONFORM WITH THE OBJECTIVES AND
POLICIES OF THE EVALUATION AND APPRAISAL REPORT
(EAR) BASED COMPREHENSIVE PLAN; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on February 22, 1999, and forwarded the changes with a
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the changes are consistent with and further the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Three, "Performance Standards", of
the Land Development Regulations of the City of Delray Beach,
Florida, be, and the same is hereby amended as set forth in Exhibit
"A" attached hereto and made a part hereof.
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 its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1999.
M A Y O R
ATTEST: ~
City Clerk
First Reading '
Second Reading
CHAPTER THREE P E R F O R M A N C E S T A N D A R D S
Chapter Three sets forth Level of Service Standards consistent with the Comprehensive
Plan; It also sets forth performance standards by which a development application shall
be assessed for the purpose of determining overall consistency with the Comprehensive
Plan and with good planning, engineering and design practice.
ARTICLE 3.1 REQUIRED FINDINGS FOR LAND USE AND LAND
DEVELOPMENT APPLICATIONS
Section 3.1.1 ,Required Findings: Prior to the approval of development applications,
certain findings must be made in a form which is a part of the official record. This may
be achieved through information on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has
the authority to approve or deny the development application.
(A) Future Land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map ~,he-la4~i.
(B) Concurrency: Concurrency as defined pursuant to Objective B-2 of the
Future Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not ex~d the ability of the City to fund and provide, or to require the
provision of, needed capital improvements in order to maintain the Levels of Service
Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the
City of Delray Beach. (' ....... ,, a ~ ~) t,,__,, _~ 2?.) tr.,=,_._ .a. 7)
(C) Consistency: A finding of overall consistency may be made even though
the action will be in conflict with some individual performance standards contained
within Article 3.,32, provided that the approving body specifically finds that the beneficial
aspects of the proposed project (hence compliance with some standards) outweigh the
negative impacts of identified points of conflict. /~C,4E-A-.7.,~
(D) ~ Compliance with LDRs: Whenever an item is identified
elsewhere in these Land Development Regulations (LDRs), it shall specifically be
addressed by the body taking final action on a land development application/request
Such items are found in Section 2.4.5 and in special regulation portions of individual
zoning district regulations.
Exhibit :A" to Ordinance No. 13-99 Page 1 of 6
AP.T!CLE 3.2 LEVEL OF $_RV!C_ STANDARD=_
ARTICLE 3,32 PERFORMANCE STANDARDS
Section 3.32.1 Basis for Determining Consistency: The performance standards set
forth in this Article either reflect a policy from the Comprehensive Plan or a principle of
good planning practice. ~^~.,r-, ~ ~ ....... +~,,,~r,~ ....~+ .... ,.' .... ~ +~" P!~_n, ~
following s~ctions ~o~ w~ as well as compiian~ ~ with i~ms specifically listed as
required findings in appmpdm~ potions of S~ction Z4.5 sh~ll b~ the b~sis upon which
~ finding of overall consistency [S~ction 3.1.1(C)] is to b~ made. However, ~xclusion
from this ~icle shall no~ be a basis for not allowin~ con~id~rmion of other objeotive
~nd policies found in ~ ~dop~d Compr~hensiv~ Plan in th~ m~kin~ of a finding of
overall consistency. (UJ A 5.~)
Section 3.32.2 Standards for Rezoning Actions:
(A) 'r~,-~, ~_ .~ .... !.. +,, ,,+~,,,, +~,,~,, r,: ,.,;+~,~,, ,,+,,~,. .... .',~.,+;~ ..... ~,~,
d~_r.!~_d. (H A 2/I) The most restrictive residential zoning district that is applicable given
existing development patterns and typical lot sizes shall be applied to those areas
Exhibit "A" to Ordinance No. 13-9~ Page 2 of 6
identified as "stable" and "stabilization" on the Residential Neighborhood Categorization
Map. Requests for rezonings to a different zoning designation, other than Community
Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied.
.................................................... ~ ...... ;rovided ~hat
(B) Rezoning to AC (Automotive Commercial) to accommodate auto
dealerships shall not be permi~ed west of 1-95.
(C) '
that would result in strip commercial development shall be avoided.
~ strip commercial developments ~ or zoning currently exists along an
aderial street, consideration should be given to increasing the depth of the commercial
zoning in order to provide for beEer project design. ~
(D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and proposed; or that if an
incompatibili~ may occur, that su~cient reguTations exist to properly mitigate adverse
impacts farm from the new use.
(E) Remaining, isolated infill lots within the coastal planning area shall be
developed under zoning which is identi~l or similar to the zoning of adjacent prope~ies;
and, the resulting development shall be of a design and intensi~ which is similar to the
adjacent development.
Section 3.32.3 Standards for Site Plan and/or Plat Actions:
(A) Building design, landscaping, and lighting (glare) shall be such that they
do not create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation. (:r.R-~
(B) Separation of different forms of transportation shall be encouraged. This
includes pedestrians, bicyclists, and vehicles in.
· ' .... '~""+-;""" in a manner consistent with policies found
'"'"~"' ~ ..... ~';"~'", blcy¢ .... '""'~
under eObjectives D-1 and D-2 of the ;T.r. af¢~ Transportation Element.
(C) Open space enhancements as described in Policies found under
Sp~_-'_e "nd Recre_.t!on Objective B-1 of the Open Space and Recreation Element are
appropriately addressed. (OSR 9 !) ", ...."" 3.2)
Exhibit "A" to Ordinance No. 13-99 Page 3 of 6
~ The Ci~ shall evaluate the effect that any street widening or tra~c circulation
mod~cation may have upon an existing neighborhood. If it is determined that the
widening or modifica~on will be detrimental and result in a degradation of the
neighborhood, the proj~t shall not be permi~ed.
(E) Development of vacant land, which is zoned for residential purposes, shall
be planned in a manner that is consistent with adjacent development regardless of
zoning designations. /u ~- ,~ ,~/r-~A r, ,~ ~
(F) Vacant property shall be developed in a manner so that the future use and
intensity are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adjacent land uses; and fulfills remaining land use
needs. (~A-.1-)
,~;_._ ......... ..... ~--.'~ t,, ..... '~ ^ ~.5) Redevelopment and the development of new land shall result
in the provision of a variety of housing types which shall continue to accommodate the
diverse makeup of the City's demographic profile, and meet the housing needs
identified in the Housing Element. This shall be accomplished through the
implementation of policies under Objective B-2 of the Housing Element.
(H) The City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes
and circulation patterns shall be reviewed in terms of their potential to negatively impact
the safety, habitability and stability of residential areas. If it is determined that a
proposed development will result in a degradation of any neighborhood, the project shall
be modified accordingly or denied.
(I) Development shall not be approved if traffic associated with such
development would create a new high accident location, or exacerbate an existing
situation causing it to become a high accident location, without such development taking
actions to remedy the accident situation.
(J) Tot lots and recreational areas, serving children from toddler to teens,
shall be a feature of all new housing developments as part of the design to
accommodate households having a range of ages. This requirement may be waived or
modified for residential developments located in the downtown area, and for infill
projects having fewer than 25 units.
Exhibit "A" to Ordinance No. 13-99 Page 4 of 6
Section 3.32.4 Standards for Specific Areas or Purposes:
(A) Wellfield Zones: The City shall continue to assure compliance with
~ ..... ~,,,,,,~ ,k~, ..... ~ .... ~ the County Wellfield Protection Ordinance c, ha~t-be
.... ..... ~-'='~" ....... ,,,I,~,.... /r-,~,,,~,_ .... A 2.!) by including compliance as a performance standard for
which a specific finding must be made upon approval of any site plan or conditional use
action.
(B) Environmentally Sensitive Areas: That any significant flora or fauna
communities which are identified pursuant to a biological survey and habitat analysis
required by Conservation Element Policy B-2.1 are being appropriately treated as if they
were environmentally sensitive areas as identified in Policy B-1 ........... 1 "o*='~ ~'~ r~k;=,.,~,,=_j ........ ~ ~
of the Conservation Element. (Con__. .... ~ o o~, ~, .... ~' ^ _'2.3)
(c) · ·
(C) Barrier Island: The development of vacant and under developed land
on the barrier island shall occur in a manner which does not change the character,
increase the intensity of use, or demand upon existing infrastructure; nor reduce
hurricane evacuation time beyond its present level in the Coastal Planning Area
pursuant to Objective D-2 and Policies contained under Objective 0-3 of the Coastal
Management Element.
(D) Flood Prone Areas: Certification that any development proposed on land
which is located in a floodplain has proper provisions for mitigation of flood damage
potential. ~
.~.t!2nt!c Avenue; N.E. _m~ Street 2r.d A ! A; "- ct L!.".ten B_'3'_'!o':c:d 2.'t.d .~. ! .~.. (CM D
(F-E) Historic Districts and Sites: That the proposed development is consistent
with the purpose and provisions of the Historic Preservation Overlay District pursant to
LDR {Section 4.5.1).
(~_F) Impact on Adjacent Communities: The staff report prepared for any
development ~ application or development activities proposed,, in the plan and
Exhibit "A" to Ordinance No. 13-99 Page 5 of 6
provided to the Local Planning Agency shall contain an assessment, if applicable, of
how the f~elae¢~ proposed activity may affect the existing plans of any adjacent un!ts of
local government. (~7,C-A-1.,~
Exhibit "A" to Ordinance No. 13-99 Page 6 of 6
MEETING OF: FEBRUARY 22, 1999
AGENDA ITEM: V.D. AMENDMENT TO LAND DEVELOPMENT REGULATIONS
CHAPTER THREE PREFORMANCE STANDARDS
The item before the Board is that of making a recommendation to the City Commission
regarding amendments to Chapter Three Performance Standards of the Land
Development Regulations.
At its meeting of De,tuber 9, 1997, the City Commission adopted changes to the
Comprehensive Plan via Ordinance 32-97, which included recommendations made from
the Evaluation and App,~isal Report (EAR). Each element of the City's Comprehensive
Plan was revised to upSate information and the status of Objectives and Policies. In
addition, each Element was reformatted to improve readability and logic, and to better
track the State rule r-~quirements. Information and policy directives were added,
deleted, and modified as recommended in the adopted EAR.
Chapter Three of the Land Development Regulations sets forth the Level of Service
Standards consistent wffJ~ the Comprehensive Plan for determining concurrency. It also
sets forth performance s-~andards by which a development application shall be assessed
for the purpose of dete~,~-nining overall consistency with the Comprehensive Plan along
with good planning, engineering and design practices. This chapter became outdated
when the Comprehensive Plan was amended and needs to be changed in order to be
consistent with the Objectives and Policies of the EAR based Comprehensive Plan.
Therefore, the proposed amendments to Chapter Three are corrective in nature.
II
The substantive chang~ to Chapter Three are described below.
Article 3.2 Level of Service Standards: was eliminated in its entirety as the same
findings are required u,q:Jer Section 3.1.1 (B) Concurrency relating to water, sewer,
parks and recreation, soiid waste, drainage and streets and traffic level of service.
Section 3.3.2 Standards for Rezoning: was amended to eliminate Standard B which
dealt with an affordabl-c housing policy which no longer exists in the Comprehensive
Plan. Two new standards were added, Policy A-2.4 (3) of the Future Land Use Element
which does not allow rezoning to AC (Automotive Commercial) for automobile
dealerships west of 1-95; and Policy C-3.1 of the Coastal Management Element which
requires new development in the coastal planning area to be developed under zoning
which is identical or similar to the zoning of adjacent properties.
Section 3.3.3 Standards for Site Plan and/or Plat Actions: was amended to add 3
new standards: Policy A-12.3 of the Housing Element which deals with the effect that
the proposal will have on the stability of nearby neighborhoods; Policy A-3.1 of the
Open Space and Recreation Element which requires all new housing developments to
provide tot lots and recreational areas for a range of ages from toddlers to teens; and
Policy A-5.2 of the Transportation Element which does not allow new developments to
exacerbate a high accident area unless remedial actions are taken.
Section 3.3.4 Standards for Specific Areas or Purposes: was amended to combine
Standard C and E as both standards deal with properties located on the Barrier Island.
Standard H Schools was eliminated, as it can not be implemented through a land
development action.
By motion, recommend that the City Commission approve the attached changes to
Chapter Three of the Land Development Regulations.
Attachment:
* Amendment