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05-18-99 Regular NI-America City MAY 18, 1999 - 6:00 P.M./PUBLIC MEARINGS 7:00 P.M. COMMISSION CHAMBERS ]993 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 D~ug 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 Commission. 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. Ail 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: Regular Meeting of April 20, 1999 Regular Meeting of May 4, 1999 Special Meeting of May 11, 1999 6. Proclamations: A. Declaring May 19, 1999 as Emergency Medical Services Day in the City of Delray Beach, and recognizing and commending Firefighter Kenneth Thompson for his commitment and service in .creating the Excellence in Florida Ocean Lifesaving EMS Competition Series. B. Delray Beach Full Service Center Head Start Day - June 2, 1999 7. Presentations: None 8. Consent Agenda: City Manager recommends approval. A. .GOAL SETTING 1999: Approve and adopt the Delray Beach 1999 Policy Agenda, Targets for Action 1999, and Goals 2004. B. RESOLUTION NO. 26-99 (ALLEY ABANDONMENT/CREATIONS OF PINEAPPLE GROVE: Approve a resolution vacating and abandoning a portion of the alleyway within Block 83 (south portion), based upon positive findings. The abandonment is associated with the Creations of Pineapple Grove project approved for the northeast corner of Pineapple Grove Way/N.E. 2nd Avenue and 'N.E. 1st Street. C. RESOLUTION NO. 30-99 (ABANDONMENT OF DRAINAGE EASEMENTS IN BLOCK 6, DELRAY BEACH HEIGHTS EXTENSION SECTIONS A AND B SUBDIVISION): Approve a resolution vacating and abandoning Regular Commission Meeting May 18, 1999 the remaining portion of two ten (10) foot wide drainage easements lying between Lots 1 and 14, Block 6, Delray Beach Heights Extension Sections A and B Subdivision, based upon positive findings. The subject property is located on the north side of S.W. 10th Street between S.W. 13th and 14th Avenues. D. DELRAY BEACH HOUSING RENAISSANCE PROGRAM MEMORANDUM OF UNDERSTANDING AND POLICIES AND PROCEDURES 1999/2001: Approve the Delray Beach Housing Renaissance Program Memorandum of Understanding 1999/2001 and Policies and Procedures governing the program. E. INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE CRA FOR ASSISTANCE IN FUNDING STAFF TO SUPPORT THE WEST ATLANTIC REDEVELOPMENT COALITION: Approve an interlocal agreement between the City and the Community Redevelopment Agency where the City agrees to contribute financial assistance in an amount not to exceed $17,500 in providing staff and/or consultant assistance to the West Atlantic Redevelopment Coalition. F. SABAL LAKES PHASE III HOMEOWNERS ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the City and Sabal Lakes III Homeowners Association to allow the Delray Beach Police Department to enforce state and local traffic laws on the private roads of Sabal Lakes Phase III. G. HAMLET RESIDENT HOMEOWNERS ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the City and the Hamlet Resident Homeowners Association to allow the Delray Beach Police Department to enforce state and local traffic laws on the private roads of The Hamlet. H. CLOSEOUT CHANGE ORDER ~2 AND FINAL PAYMENT/P~EPUBLIC CONSTRUCTION & DEVELOPMENT CORP. (PINE GROVE PARK): Approve closeout Change Order #2 in the amount of $2,454.13 and final payment in the amount of $18,745.28 to Repubic Construction & Development Corp. for completion of the Pine Grove Community Park improvements project and reconstruction of the Public Works material storage bins, with funding in the amount of $2,079.13 from 117-4176-572-63.40 (Recreation Impact Fee/Pine Grove Park) and $16,666.15 from 334-3351-591-63.22 (General Construction Fund/Garage Addition). I. ACCEPTANCE OF EASEMENT DEED: Accept an easement deed from Edward Peacock, Jr. and Ruth D. Peacock granting to the City a ten (10) foot utility easement along the south side of their property at 655 N.W. 4th Street to accommodate the northwest area water main and drainage upgrades and street improvements. J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 3rd through May 14, 1999. -3- Regular Commission Meeting May 18, 1999 K. AWARD OF BIDS AND CONTRACTS: 1. Contract award in the total amount of $3,548,463 to Sensus Technologies, Inc., sole source provider, representing the cost of the replacement meters, automated reading equipment, installation and other upgrades for the small water meter replacement program. The contract will be funded from a bank loan that is currently out to bid for a not to exceed amount of $3,600,000. 2. Bid award in the estimated amount of $41,415.00 to Southeastern Pumps for the annual contract to purchase submersible wastewater pumps, with funding from 442-5178-536-61.76 (W&S Renewal & Replacement/Equipment Replacement) through transfer from 442-5178-536-99.01 (Project Reserve). 9. Regular Agenda: A. .RESOLUTION NO. 28-99 (RIGHT-OF-WAY & ALLEY ABANDONMENT ASSOCIATED WITH PROPOSED PUBLIX GROCERY STORE): Consider approval of a resolution vacating and abandoning that portion of the right-of-way for N.E. 5th Street lying between N.E. 5th and 6th Avenues (Federal Highway pairs), the north/south alleyway lying between N.E. 5th and 6th Streets and the north/south alleyway lying between N.E. 4th and 5th Streets, associated with the proposed development of a new Publix grocery store. B. AMENDMENT NO. 3 TO LICENSE AGREEMENT ASSIGNED TO GRAY LINE WATER TOURS FOR RIVERBOAT AT VETERANS PARK: Consider approval of Amendment No. 3 to the license agreement with Gray Line Water Tours to provide for a five year extension of the license in order for Gray Line to recoup some of its investment for modifications to the vessel. C. .REQUEST TO WAIVE LIENS/BARNETT PROPERTY: Consider a request to forgive all liens against property located on Lot 23, Block 23, owned by Grace Barnett, in order for a closing to occur on the CRA's purchase of additional property owned by Ms. Barnett. D. EMPLOYEE PENSION PLANS: Provide direction concerning proposed amendments to the following pension plans: · 1. Police and Firefighters Pension Plan 2. General Employees Pension Plan E. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint an alternate member to the Civil Service Board to fill an unexpired term ending July 1, 2000. The appointment will be made by Commissioner Archer (Seat #2) . -4- Regular Commission Meeting May 18, 1999 F. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint a citizen-at-large member to the Parking Management Advisory · Board to fill an unexpired term ending January 31, 2001. The appointment will be made by Commissioner Archer (Seat ~2). 10. Public Hearings: A. ORDINANCE NO. 16-99 (CITY-INITIATED CORRECTIVE REZONING FOR A PORTION OF KEELER'S DRAPERIES PROPERTY): An ordinance rezoning a parcel of land from RM (Multiple Family Residential - Medium Density) to GC (General Commercial) District. The subject property is located on the east side of South Federal Highway, approximately 150 feet south of Tropic Isle Drive and is commonly known as the south half of the Keeler's Draperies property at 3415 South Federal Highway. QUASI-JUDICIAL HEARING 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. From the Public. 12. First Readings: None 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -5- CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - MAY 18, !999 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDI4M THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS: CONSENT AGENDA: ITEM 8.K. - AWARD OF BIDS AND CONTRACTS 3. Printing, Inc. for the purchase of tee shirts and camp bags for the Parks and Recreation summer camp program, with funding in the amount of $2,607.50 from 115-4920-572-56.05 (Special Projects/Camp Registration - Community Center); $2,607.50 from 115-4921-572-56.05 (Camp Registration - Pine Grove); $2,936.50 from 115-4923-572-56.05 (Camp Registration - Delray Full Service Center); and $2,509.60 from 115-4922-572-56.01 (Camp Registration - Pompey Park). REGULAR AGENDA: 9.G. REQUEST FOR FINANCIAL ASSISTANCE/ATLANTIC HIGH SCHOOL - NATIONAL HIGH SCHOOL TRACK AND FIELD CHAMPIONSHIPS: Consider a request from Atlantic Community High School for funding support to assist two of Atlantic High's student athletes to participate in the National High School Track and Field Championships to be held in Raleigh, North Carolina, June 11, 1999. S/City Clerk/Addendum . - SUBJECT: MEETING OF MAY 18, 1999 **CONSENT AGENDA** ABANDONMENT OF A PORTION OF A 16' ALLEY IN BLOCK 83 ASSOCIATED WITH CREATIONS OF DELRAY BEACH/PINEAPPLE GROVE The requested action of the City Commission is approval of the abandonment of the south 279.18' of an improved 16' wide north/south alley within Block 83 associated with Creations of Delray Beach. The project site is located on the north side of N.E. 1't Street between Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 3~d Avenue. The subject alley was dedicated with the recordation of the Town of Linton Subdivision in 1910. The alleyway is improved between N.E. 1't and N.E. 2nd Streets and is currently used for access. The property owner of the abutting lots (Lots 5-8 to the west and Lots 13-16 to the east of the alley) is requesting the abandonment in conjunction with the redevelopment of the site into a bazaar to be known as Creations of Delray Beach. The attached P & Z staff report contains additional background and analysis of the request. The Planning and Zoning Board considered the abandonment along with an associated conditional use request to allow the bazaar at its meeting of March 15, 1999. The Board recommended approval of the conditional use, but recommended denial of the abandonment. The recommendation of denial centered around unresolved issues regarding maintaining continued access through the alley for BFI and delivery vehicles, and installation of pavers over existing City water and sewer service within the abandonment area. Subsequent to the Planning and Zoning Board, it was agreed that right-of-way be dedicated within the north drive aisle between Pineapple Grove Way and the alley, to allow continuation of access for properties to the north (see Exhibit B). In addition, the existing clay sewer main is to be replaced by the developer with ductile iron and pavers installed over the new main, subject to the provision of a replacement easement and hold harmless agreement. The provision of easements to cover existing BellSouth and FPL services as well as the sewer main within the alley is being handled by language in the resolution. The site plan request was approved by the Site Plan Review and Appearance Board on April 21, 1999. City Commission Documentation Abandonment of Alley within Block 83 (Creations of Delray Beach) Page 2 By motion, approve the abandonment of the south 279.18' of north/south alley within Block 83 as described in Resolution 26--99, subject to the following conditions identified in the resolution: 1. That the property be transferred from its current owner to Pineapple Grove Properties, Ltd. Within ninety (90) days from the date of Resolution 26-99; 2. That Pineapple Grove Properties comply with the site plan review procedures and requirements, and the requirements of LDR Section 2.4.4(E); 3. That the City receive a right-of-way deed for a 16' dedication within the north drive aisle, including an adequate turning radius as shown on Exhibit B; 4. That a hold harmless agreement to the City be received within ninety (90) days from the date of Resolution 26-99, regarding the placement of brick pavers over the abandoned area in the event the City determines to replace any utilities in the abandonment area; and, 5. That the existing sewer pipe in the abandoned area be replaced with new ductile iron pipe in accordance with current City utility standards; and, 6. That Resolution 26-99 not be effective until all of the above conditions are satisfied. Attachments: · Planning and Zoning Staff Report · Resolution · Exhibit B RESOLUTION NO. 26-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH/SOUTH ALLEY BETWEEN LOTS 5 THROUGH 8 ON THE WEST SIDE AND LOTS 13 THROUGH 16 ON THE EAST SIDE, ALL LOCATED IN BLOCK 83, TOWN OF LINTON, AS MORE PARTICULARLY DESCRIBED BY EXHIBIT ~A", BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF. ~HEREAS, the City of Delray Beach, Florida, received an application for abandonment of the sixteen foot (16') alley right-of-way lying between Lots 5-8 on the west side and Lots 13-16 on the east side of Block 83, Town of Linton, as more particularly described in Exhibit ~A", attached hereto; said Block 83 being located at the northeast corner of N.E. 2nd Avenue and N.E. 1st Street; and N~HEREAS, the application for abandonment of said alley right-of-way was processed pursuant to Section 2.4.6(0), "Abandonment of Rights-of-WaS', of the Land Development Regulations of the City of Delray Beach; and WHEREAS~ the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said alley right-of-way for roadway purposes based upon positive findings pursuant to LDR Section 2.4.6(0) (5), but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof for the purpose of emergency access and constructing and/or maintaining, either over or under the surface, poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations; and ~HER]EAS, this resolution shall be conditioned upon the transfer of the property from its current owner to Pineapple Grove Properties, Ltd. within ninety (90) days from the date of this resolution; and ~VHERF~, this resolution shall be conditioned on Pineapple Grove Properties, Ltd. complying with the site plan review procedures and requirements and the requirements of LDR Section 2.4.4(E); and ~VHERF~, this resolution shall be conditioned on the City receiving a right-of-way deed for a sixteen foot (16') dedication within the north drive aisle including an adequate truck turning radius as shown on Exhibit nB"; and 5~IqERF_~, this resolution is conditioned upon Pineapple Grove Properties, Ltd. granting a hold harmless agreement to the City, within ninety (90) days from the date of this resolution, regarding the placement of brick pavers over the abandoned area in the event the City determines to replace any utilities in the abandoned area; and ~r{EREAS, this resolution is conditioned upon Pineapple Grove Properties, Ltd. replacing the existing sewer pipe in the abandoned area with new ductile iron pipe in accordance with current City utility standards; and ~HE~, this resolution shall not be effective until all of the above conditions are satisfied. NOW, THE~FO~, BE ~ ~SOL~D BY THE CITY COMMISSION OF THE CI~ OF DELRAY B~CH, FLO~D~ ~ FO~OWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. S¢c~on 2. That pursuant to Section 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, described in Exhibit ~A", for roadway purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof for the purpose of emergency access and constructing and/or maintaining, either over or under the surface, poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. PASSED ~ ADORED in regular session on this the 18th day of May, 1999. However, this resolution shall not be effective until the conditions listed above are satisfied. ATTEST: City Clerk / - - 2 - Res. No. 26-99 DESCRIPTION OF ALLEY ABANDONMENT A part of that certain sixteen (16) feet wide alley right-of-way lying in Block 83, Town of Linton (Now Delray Beach) according to the plat thereof as recorded in Plat Book 1, Page 3 (Sheet 2) of the Public Records of Palm Beach County, Florida, said part being more particularly described as follows: Bounded on the West by the East line of Lots 5, 6, 7 and 8 of said Block 83; bounded on the East by the West line of Lots 13, 14, 15 and 16 of said Block 83; bounded on the North by the Westerly extension of the North line of Said Lot 13 of Block 83 to the Northeast comer of said Lot 5 of Block 83; bounded on the South by the Westerly extension of the South line of said Lot 16 of Block 83 to the Southeast comer of said Lot 8, Block 83 Containing 4,899 square feet or 0.112 ACRE EXHIBIT "A" (to Resolution No. 26-99) ME THODIS T CHURCH N.W. 3RD ST. N.E. 3RD ST. CITY ~z ATTORNEY BUILDING MARTIN LUTHER KING JR. DR. N.E. 2ND ST. COMMUNITY ~ d z z CENTER ~ OLD I TADIUM ATLANTIC AVENUE - ABANDONMENT- C~T~ or DELR^Y BE^CN, rL (Portion of 16' North/South Alleyway, Block 83, Town of Delray) PLANNING & ZONING O£PARTMENT EXHIBIT "B" (to Resolution No. 26-99) 12:21 5B17927398 JEFFREY S KURTZ PA PAGE 06 MaY I3 '~9 l?:03 FROM HELLER UERUER CRTD TO lO~BB15S17~Z?D88 Pfl&E,OO3/OOn SKETCH TO ACCOMPANY LEGAL DESCRIPTION 16' ADDITIONAL RIGHT-OF-WAY A PORTION OF LOT 5 AND A PORTION OF THE 16' ALLEY RIGHT-OF-WAY ADJACENT THER-CI'O, BLOCK 83, TOWN OF-LINTON, PLAT BOOK 1, PAGE 3 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA ~ 2 ~ 2 ~ mm ~ m, - 99-14862-$S2 Heller- Weaver and Cato, inc. ,~' ~-~.~. ~ ~ee~ ,.. ~yom ... ~ ~) ~7 - ru 05/14/99 FEI 12:18 [TX/RX NO 5733] 0~/44/i999 i2:2i 5617927398 JEFFREY S KURTZ PA PAGE 85 16' ADDITIONAL I~GHT OF WAY A lq~RTXON OF LDT ~ ~ A ~R~ON OF THE 16' ~Y ~G~F-WAY TO~ OF L~ON, ~AT ~K I, P~g J. ~ON: A ~ON ~ LOT ~, B~K ~3. ~D A ~ON ~ ~ t6 F~T ~t ~Fy ~F-WAY L~ ~ ~ ~ ~L~ ~ 19'M'~3~ F~ A~ D~ST~E OF 14.79 ~ET~A ~ ~~ ~VA~; ~E EASY, NORT~Y ~ N~Y ~ONQ A ~ C~VE ~ ~ L~ ~ ~A~ ~R ~ SAID LOT 5; T~NC~ Sg~'~ FOR 16.~ F~T: ~NCE S~'2~ ~ ~ ~T ~ ~ ~ :t3, ~ ~ ~K ~ FOR A ~ST~ OF 2.~ ~ TO A ~ ~ C~VA~: ~ S~Y, '~STa~Y ~ ~y A~NG A cIa~ C~ ~ ~ ~ ~ ~ TO ~ ~ ~ TO ~ S~ ~ A ~IUS ~ 2~.~ F~ ~ A C~ ANO~ OF 19'~'~3' F~ AN ~ L~E ~ ~ L~ 5; ~CE ~'~ FOR 16.~ ~T TO ~ ~ O~ ~O~. CO~ o.~ AC~ MO~ OR ~SS. NOT£B: I, PAOI~ 3, PAL~ BEACH COUNTY IKECORDS, HAVING ~ ~S~D BE~ OF S~ ~'~ ~T. ~) ~S S~H ~ LEG~ DE~ON ~ES NOT ~P~S~ A FI~ S~Y. ~S 1S ~ A S~.) DA~ A~ 17. I~. ~ ~R DA~: ~Y 13, i~ SI~ET 1 OF2 SH~ lq. LE NO. ~-148d2-SS 1 05/14/99 FRI 12:18 [TX/RI NO 5733] PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 15, 1999 AGENDA ITEM: IV.B. ITEM: Abandonment of the Southern portion of an Alleyway Lying Within Block 83 for Creations of Delray Beach. GENERAL DATA: Owner ........................................Trustee ClaireManalan Ann of ResidentiaIThe Harrington, Julia Trust,as under The Will of Julia Hilda Manalan Agent ......................................... Jeffery S. Kurtz, Esquire Applicant .................................... The Pugliese Company N.E. Location ..................................... South portion of alleyway ! ..~~~ within Block 83, located on the north side of N.E. 1st Street, between N.E. 2nd Ave. & N.E. 3rd Ave. Property Size ............................. 0.112 Acre Future Land Use Map ................ Commercial Core N.E. j 1ST ST. Current Zoning .......................... CBD (Central Business .~" ~ ~ ~-E- ~" //--~-7/-~----~ , District) Adjacent Zoning ............... North: CBD East: CBD South: CBD Existing Land Use .................... Improved alleyway ~J Proposed Land Use ................... Abandonment of the southern ATLANTIC AVENUE portion of the alleyway and the intended improvement with the ' /~.~'--[-~- installation of pavers. Water Service ............................ n/a Sewer Service ........................... n/a S.E. 1ST . II II FI IV.B. The item before the Board is that of a recommendation to the City Commission for the proposed abandonment of a portion of a 16' alley located within Block 83, formerly Town of Linton Subdivision. The subject alley is located on the north side of N.E. 1st Street, between Pineapple Grove Way (N.E. 2°d Avenue) and N.E. 3"d Avenue. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. The subject alley was dedicated with the recordation of the Town of Linton Subdivision in 1910. The alleyway is improved between N.E. 1st and N.E. 2nd Streets and currently used for access. The portion of alley to be abandoned is located at the south end of the block, between the former Winn Dixie building and parking area to the east and an associated parking lot to the west. Structures are located within the abandonment area, including encroaching landscape islands and an overhead utility power line. A conditional use and site development plan for the establishment of a bazaar (Creations of Delray Beach) on the parcel are being processed along with the abandonment request. The proposal to redevelop the site to accommodate a bazaar includes the following improvements: Interior and exterior modifications to the existing building; · . Reconfigure and restripe parking areas; Install brick pavers within the abandonment area and close alley at the north end; Install an east/west brick paver walkway connecting the main building entrance to the existing sidewalk along Pineapple Grove Way; and, Landscaping upgrades. The area proposed for abandonment is the south 320.06' of the 16' alley, lying between Lots 5-8 to the west and Lots 13-16 to the east, and consists of approximately 4,899 square feet. These properties are under one ownership. The property owner is requesting the abandonment in conjunction with the redevelopment of the site. The proposal includes installation of pavers within the abandonment area, construction and reconfiguration of the parking areas, and the installation of two P&Z Staff Report Abandonment of a 16' Alley in Block 83 (Creations of Delray Beach) Page 2 parking spaces at the north end of the abandonment area where the alley will be closed. The abandonment is being requested to allow for a unified development of the site, and reduce through traffic utilizing the alleyway between N.E. Ist and N.E. 2n" Streets, thereby improving traffic circulation within the existing parking area. The subject alley is 16' in width. Pursuant to LDR Section 2.4.6(O)(1), public property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels when abandoned. The same property owner owns the parcels divided by the portion of alley to be abandoned, and would receive the entire 16'. The subject alley is surrounded by commercial uses within Pineapple Grove. The alley is paved and provides access to N.E. 1st and N.E. 2nd Streets. The alley is accessed by service vehicles, customers, owners and employees of the businesses which abut the alley. Utilities: Water and Sewer: A 4" water main servicing the Winn Dixie building only is located within the southern portion of the alley to be abandoned. In the event the alley is abandoned the main should continue to be maintained by the owner of the parcel. ,An 8" sewer main is located within the alley, and a replacement easement will be necessary to provide for its future maintenance by the City. The City's Environmental Services Department has voiced concerns with the proposal to install brick pavers for a length of 320' over the existing utilities. The existing main is made of clay pipe and will likely need substantial maintenance, or replacement in the coming years. In the event the sewer main must be upgraded or repaired, the City will need to remove the brick pavers. The applicant will be required to execute a hold harmless agreement which theoretically relieves the City of the requirement to replace the pavers, but in reality could be difficult to enforce. The following alternatives have been discussed with the applicant: Re-route the existing sewer main to flow west down to N.E. Ist Street to the alley within Block 75. The existing water meter and back-flow assembly will require relocation to the south property line. The estimated cost of this alternative, excluding surveying, engineering and permitting, is $35,000; or, P&Z Staff Report Abandonment of a 16' Alley in Block 83 (Creations of Delray Beach) Page 3 Remove the existing sewer within the alley and reconstruct with ductile iron pipe to extend the useable life of the sewer main. The existing water meter and back-flow assembly will require relocation to the south property line. The estimated cost of this alternative, excluding surveying, engineering and permitting is $20,000; or, Limit the installation of brick pavers to an area from the main building entrance to the proposed east/west brick paver pedestrian walkway (approximately 20' - 30'), and pave the remainder of the alley with an asphalt surface. The applicant is not receptive to re-routing or replacing the main due to the cost involved; and does not support limiting the location of the brick pavers to connect to the pedestrian walkway because of aesthetic concerns. Electrfc, Telephone, Cable: The replacement easement will also be required to cover the existing utility power line (containing FPL, BellSouth, and Adelphia cable services) which is located along a portion of the west side of the abandonment area. ^ power pole within the south portion of the alley will need to be relocated to accommodate vehicular circulation within the parking area. Fire Hydrants: The Fire Department has reviewed the abandonment request and has indicated that fire hydrants will need to be installed at the corner of N.E. 1't Street and Pineapple Grove Way, and at the northwest corner of the parcel to be redeveloped. Access: Currently, the entire alley is paved and provides access between N.E. Ist and N.E. 2"a Streets. The alley is utilized by BFI to collect refuse from adjacent properties, as well as the abutting property business owners and employees for access and deliveries. These properties have zero side setbacks and the only access to the rear of their stores is from the alley. The redevelopment proposal calls for the north end of the abandonment area to be closed, resulting in a dead end with no provision for a turnaround area. City staff and the applicant discussed the following alternatives to provide continued access to all properties within Block 83: 1. Create an east/west alley at the north end of Lot 5, thereby providing through access to Pineapple Grove Way; or, 2. Provide a turnaround area at the north end of the abandonment area and close the alley further south; or, P&Z Staff Report Abandonment of a 16' Alley in Block 83 (Creations of Delray Beach) Page 4 3. Provide ingress/egress easement between the north portion of the abandonment area and the parking aisle directly to the west, thereby allowing access to Pineapple Grove Way, and close the alley further south. The Pineapple Grove "Main Street" Neighborhood Plan calls for modifications and improvements to streets and sidewalks within Pineapple Grove which will convert Pineapple Grove Way from a collector to a local street, thereby creating a more pedestrian friendly environment. Along with these improvements, use of public alleys is encouraged, particularly for trucks providing deliveries and other services to businesses with frontage on Pineapple Grove Way. In order to provide BFI and other service vehicles with adequate ingress/egress and turnaround area, one of the above alternatives must be considered. Resolution of the access issue at the time of site plan approval is attached as a condition of the abandonment approval. Site Plan Review: A conditional use request to establish a bazaar has been submitted for consideration by the Planning and Zoning Board, and a site plan application for redevelopment of the site will be reviewed by the Site Plan Review and Appearance Board. If the abandonment request is approved by the City Commission, prior to the recordation of the abandonment resolution site plan approval must be obtained and applications for building permits issued. COMPREHENSIVE PLAN: Future Land Use Element Objective C-4: The Central Business District (CBD) represents the essence of what is Delray Beach, i.e. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart in South Florida". Future Land Use Element Policy C-4.4: The City supports the efforts to revitalize the Pineapple Grove Main Street area, and the use of the Main Street approach: organization, promotion, design, and economic restructuring. The purpose of the abandonment is to incorporate the subject area for the redevelopment of a high visibility location in Pineapple Grove. Abandoning the alley will prevent cross traffic not associated with the proposed development, and thus provide a more pedestrian friendly situation. Redevelopment of this site will be a significant improvement to the area and contribute to the continued redevelopment of the downtown area and Pineapple Grove. P&Z Staff Report Abandonment of a 16' Alley in Block 83 (Creations of Delray Beach) Page 5 As previously discussed, the Pineapple Grove Neighborhood Plan promotes use of paver bricks, the utilization of alleyways for provision of services, and a pedestrian friendly environment. Abandoning of the alley will not be in conflict with the Plan as only a portion of the alley will be abandoned, and as long as adequate ingress/egress is provided to BFI and other service providers. In addition, the applicant may install paver bricks in the alley, subject to limiting the area of installation or relocating or upgrading the existing sewer main. Transportation Element Policy A-6.3: Abandonment of right-of-way shall not be granted unless it is conclusively demonstrated that there is not, nor will there be, a need for the use of the right-of-way for any public purpose. The abandonment is being requested to unify the proposed redevelopment of the site, and reduce cross traffic. The Pineapple Grove Plan encourages usage of the alleyways, and at present time the subject alley is used by BFI, service delivery vehicles, customers, business owners, and employees. In addition, utilities are currently located within the alley. While BFI and other users of the alley will have continued access to the remaining portion of alley via N.E. 2"d Street, the redevelopment proposal does not provide a turnaround area or through access to Pineapple Grove Way. In order to approve abandonment of the alley, adequate ingress/egress must be provided for BFI and other service providers, and the issue of installing paver bricks within the abandonment area must be resolved. Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. The alley is improved and currently used for access. The applicant owns the property on both sides of the subject abandonment area, and the site plan for the development of the abutting parcels indicates that brick pavers will be installed within the abandonment area. Continued vehicular and pedestrian access will be provided to N.E. Ist and N.E. 2nd Streets, and Pineapple Grove Way. The remaining portion of the alley will maintain vehicular access to N.E. 2"d Street, however, the proposed closure of the north portion of the abandonment area will result in a dead end. BFI and other service providers must be allowed to continue to access all properties in Block 83, with adequate ingress/egress points. City water and sewer, and FPL, phone, and cable services are located within the alley. If the abandonment is P&Z Staff Report Abandonment of a 16' Alley in Block 83 (Creations of Delray Beach) Page 6 approved, replacement utility easements to cover existing services must be provided, and adequate ingress and egress must be provided to BFI and other users. B) That the abandonment does not, nor will not, prevent access to a lot of record, The applicant owns the property on both sides of the abandonment area, and the abandonment will not prevent access to a lot of record. The subject portion of alley will be used by vehicles as a drive aisle within the parking area and as pedestrian access, providing access to Pineapple Grove Way and N.E. 1st Street. Properties adjacent to the remaining portion of alley will maintain vehicular access to the alley and to Pineapple Grove Way. C) That the abandonment will not result in detriment for the provision of access and/or of utility services to adjacent properties or the general area. Currently, access is taken from the subject alley. As noted, the proposed site plan calls for brick pavers to be installed in the abandonment area, and the subject alley to be abandoned be closed to the north. As previously indicated, as conditions of approval replacement easements are required to cover existing services and service providers must be allowed adequate ingress/egress to access all properties within this block. Community Redevelopment Agency: The project is located within the CRA area. The CRA Board reviewed the request at its meeting of February 25, 1999 and recommended approval of the project. Downtown Development Authority: The DDA reviewed the request at its meeting of February 17, 1999 and recommended approval of the project. Pineapple Grove Main Street Executive Committee: The Pineapple Grove Main Street Executive Committee reviewed the request at its meetin9 of March 1, 1999 and recommended approval of the project. P&Z Staff Report Abandonment of a 16' Alley in Block 83 (Creations of Delray Beach) Page 7 The subject alley is improved and provides access to N.E. 1't and 2"d Streets. The purpose of the abandonment is to incorporate the subject area for the redevelopment of a high visibility location in Pineapple Grove. By abandoning the alley, the development will be unified and cross traffic will be reduced. The abandonment area will be used for internal vehicular circulation, and as a connector to a proposed east/west paver walkway and existing sidewalks. Properties to the north of the abandonment area will have continued access from the alley to N.E. 2"d Street, and the redevelopment site will continue to have access to N.E. Ist Street, Pineapple Grove Way and N.E. 3"~ Avenue via the alley and abutting parking areas. The new east/west walkway will provide pedestrian access to N.E. 1st Street and Pineapple Grove Way. The proposed improvements are consistent with the Pineapple Grove "Main Street" Neighborhood Plan, which promotes redevelopment within Pineapple Grove, as well as creating a more pedestrian friendly environment. The City's Environmental Services Department has voiced concerns that brick pavers will be installed over existing services. The Fire Department has indicated that two fire hydrants will be required with the redevelopment of the site. A replacement easement must be provided to cover the existing utility power line within the alley. In addition, as currently proposed, the redevelopment project proposes that the alley be closed without provision of a proper turn-around or access through to Pineapple Grove Way. This configuration does not provide adequate ingress/egress for refuse collection and other service providers. Prior to City Commission consideration, the above issues must be resolved. In addition, prior to recordation of the abandonment resolution, site plan approval must be obtained and applications for building permits must be issued. 1. Continue with direction. 2. Recommend approval of the abandonment based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions. a. That replacement easements be provided to cover all existing sewer and utility services within the alley. b. That adequate ingress/egress for vehicles servicing the properties north of the abandonment area be provided by one of the following alternatives: P&Z Staff Report Abandonment of a 16' Alley in Block 83 (Creations of Delray Beach) Page 8 · Create east/west alley at the north end of Lot 5, thereby providing access to Pineapple Grove Way; or, · Provide turnaround area at north end of abandonment area and close the alley further south; or, · Provide ingress/egress easement between the north portion of the abandonment area and the parking aisle directly west, thereby allowing access to Pineapple Grove Way, and close the alley further south. c. That the issue of the surface treatment of the abandonment area be resolved to the satisfaction of the Environmental Services Department, and that a hold harmless agreement be executed for the applicable area. d. That prior to the recordation of the abandonment resolution site plan approval be obtained and applications submitted for building permits. 3. Recommend denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). Recommend approval of the abandonment of a portion of a 16' wide alley within Block 83 based on positive findings with respect to LDR Section 2.4.6(0)(5). The abandonment shall be subject to the following conditions: 1. That replacement easements be provided to cover all existing sewer and utility services within the alley. 2. That adequate ingress/egress for vehicles servicing the properties north of the abandonment area be provided by one of the following alternatives: a. Create east/west alley at the north end of Lot 5, thereby providing access to Pineapple Grove Way; or, b. Provide turnaround area at north end of abandonment area and close the alley further south; or, c. Provide ingress/egress easement between the north portion of the abandonment area and the parking aisle directly west, thereby allowing access to Pineapple Grove Way, and close the alley further south. P&Z Staff Report Abandonment of a 16' Alley in Block 83 (Creations of Delray Beach) Page 9 3. That the issue of the surface treatment of the abandonment area be resolved to the satisfaction of the Environmental Services Department, and that a hold harmless agreement be executed for the applicable area. 4. That prior to the recordation of the abandonment resolution site plan approval be obtained and applications submitted for building permits. Attachments: · Location Map · Survey · Site Plan for Creations of Delray Beach filename: u:\grahamc~pzrep~blk83ab.doc CASON ! METHODIST ' '. , ,, ,, _ CHURCH N.W. 3RD ST. N.£. 3~D ST. CITY uJ ~ A T TORNE Y ), i ~ -- vIARTIN LUTHER KING JR. DR. N.E. 2ND ST. CITY HALL N.W. 1ST ST. N.E, COMMUNITY ~ CENTER OLD S rADIUM S©UARE ATLANTIC AVENUE SW 1ST ST . . 1ST ST. - ABANDONMENT - CITY OF DFLRAY BEACH, FL (Portion of 16' North/South Alleyway, Block 83, Town of Delray) PLANNING z,. ZONING DEPARTMENT -- D/C/T/I/. ~,4S£ M~,c' SYST£~ -- MAP REF: LM525 '~:~~1 J I 11 I i~ . II t~q~ I~ ~ i2 I: ~]',, , ~,~.:~-~ , ,.. ~ ~1~.~ · ~i- ~ III ~ ~.:~}} ~11 ,i~ ~1 , ~, I~ II .... ~-~..-~ II ~ , ~ , :.~,, -: .::': , -: '?~.- I 11 J ..~ I~ ~ ~ ~,~ ~:i ~ -~ Il J . ~ '~-~~ .... . ~.~:Jqq~..;~.~{.~.::?.:::q~:~?~:~::%~2~¢;~:~?.&:g~:?~.:.>2~:~¢~:~:~.~:~:[::~.xe<:.>~.~.<~'~ · '""".~'~' ~"'"'""':~"- '= '%-~ =2'~ ~ ~Z ~ ~ ~ ' [~J~::~ q '~ ...... ,..; ..... ~...;?? ~:,..---~-.:~ ....:..:..:~.--~. --..: ::~.,. ~. , , ':-.~ ,. ....... ,, n ~ ' ~ '~ ~ , : , ~.,. ~,.- . /'Ii-. I - i ~ [? ; zl~' '~ ; m i >- ~ ~ --- :./ =~ ~" ~ o. DELRAY BEACH F L 0 · ~ O A SIGN IN SHEET ~,-,~~ 1993 City Commission Meeting of May :L8 , :L999 Please print the information requested below FULL NAME COMPANY YOU REPRESENT /AGENDA ITEM MEMORANDUM TO: David T. Harden, City Manager FROM: Alison MacGregor Harry, City Cler~'- SUBJECT: Revision to Ma~ 18~ .City CommissionA~enda DATE: May 17, 1999 I received a call this morning from Charles Bender, Community Development Program Coordinator, asking that Item 8.D., Delray Beach Housing Renaissance Program Memorandum of Understanding and Policies and Procedures 1999/2001, be removed from tomorrow night's consent agenda. Apparently, it did not get on the CPA's agenda and should be acted on by that agency prior to City Commision consideration. Also, a reminder there were no public comments from the May 4tn meeting. As for Commission comments, Mr. Schmidt's remarks re speeding in residential areas (he specifically mentioned the Seacrest neighborhood) were addressed by the Police Department at the workshop on May 11, 1999. Mrs. Archer's comment re changes to the Police pension plan as a retention incentive is scheduled for discussion on May 18, 1999. AMH/m CC: Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Barbara Garito, Deputy City Clerk ' WHEREAS, the Governor of the State of Florida, Jeb Bush, has declared the week of May 16 through May 22, 1999, as State Emergency Medical Services (EMS) Week; and WHEREAS, the Delray Beach Ocean Rescue will host the final Competition in the Excellence in Florida Ocean Lifesaving EMS Competition Series on May 19, 1999; ~tnd WHEREAS, five Ocean Lifeguard EMT Teams have competed throughout Florida including Delray Beach, Pompano Beach, Hollywood Beach, Boca Raton and Cape Canaveral; and WHEREAS, Firefighter Kenneth Thompson of Delray Beach Fire Department, created and developed the Excellence in Florida Ocean Lifesaving EMS Competition Series and arranged for the participation of the Delray Beach Fire Department in the May 19, 1999, Excellence in Florida Ocean Lifesaving EMS Competition; and WHEREAS, the combined efforts of Ocean Lifeguard EMT's and Delray Beach Fire Rescue Paramedics in rescuing and providing medical treatment of persons at the beach have saved or prevented the loss of human life. NOW, THEREFORE, I, .lay Alperin, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim Wednesday, May 19, 1999, as EMERGENCY MEDICAL SER VICES DA Y in Delray Beach, Florida, and commend Firefighter Kenneth Thompson, for his commitment and service in creating the opportunity for advanced medical training for Florida's Ocean Lifeguard EMT's in cooperation with the City of Delray Beach 'Fire Department through the creation of the Excellence in Florida Ocean Lifesaving EMS Competition Series. IN WITNESS WHEROF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be aff'txed this 18th day of May, 1999. .lay .4 lperin Mayor Agenda Item No.: ~-- AGENDA REQUEST Date: May 7, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: May 18, 1999 Description of agenda item (who, what, where, how much): Request Mayor to sign and City Commission to present Proclamation declaring Wednesday, Msy 19, 1999 as EmerKency Medical Services Day with the City of Delray Beach, and naminK FirefiKhter Ken Thompson for superior achievement. ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Signature and presentation of Proclamation. 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: Approved for agenda: ~ NO ~ Agenda Coordinator Review: Received: Action: Approved/Disapproved PROCLAMATION WHEREAS, the Governor of the State of Florida, Jeb Bush, has declared the week of May 16, 1999 through May 22, 1999 as State EMS Week; and WHEREAS, the Delray Beach Ocean Rescue will host the final Competition in the Excellence in Florida Ocean Lifesaving EMS Competition Series on May 19, 1999; and WHEREAS, five Ocean Lifeguard EMT Teams have competed throughout Florida including Delray Beach, Pompano Beach, Hollywood Beach, Boca Raton and Cape Canaveral; and WHEREAS, Firefighter Kenneth Thompson of Delray Beach Fire Rescue, created and developed the Excellence in Florida Ocean Lifesaving EMS Competition Series and arranged for the participation of the Delray Beach Fire Department in the on May 19, 1999 Excellence in Florida Ocean Lifesaving EMS Competition; and WHEREAS, the combined efforts of Ocean Lifeguard EMT~ and Delray Beach Fire Rescue Paramedics in rescuing and providing medical treatment of persons at the beach have saved or prevented the loss of human life, NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby declare Wednesday, May 19, 1999 as the Emergency Medical Services Day within the City of Delray B~ac~h,_ ~ AND, for superior achievemen efighter Ken Thompson, for his commitment and service in creating the opportunity % for advanced medical training for Florida's Ocean Lifeguard EMT~ in cooperation with the City of Delray Beach Fire Department through the creation of the Excellence in Florida Ocean Lifesaving EMS Competition Series. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Delray Beach, Florida, to be affixed this 18th day of May, 1999. MAYOR Jay Alperin WHEREAS, the Delray Full Service Center Head Start Program is building upon the past, while preparing for the future by calling attention to the need for quality, child care for young children within our community whose parents must work outside the home; and WHEREAS, the quality of services is primarily determined by the individual teachers and caregivers who perform this valuable work, and more of our children are entering the Kindergarten classroom ready to learn; and WHEREAS, plans are also being made at Delray Full Service Center to expand the school day, school year, curricular program and student enrollment, while continuing in the pursuit of academic excellence; and WHEREAS, quality child care services can help provide the basis for a good beginning for children's sound growth and development. Now, THEREFORE, I, Jay Alperin, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby reflect upon the accomplishments and successes of Delray Full Service Center during the last 5 years, by declaring June 2, 1999 as DELRAY FULL SERVICE CENTER HEAD START DAY and urge all citizens to recognize the valuable contributions of early childhood teachers and caregivers and to actively support making more and better child care available within our community. ~N WITNESS WHEROF, I have hereunto set my hand and caused the Offcial Seal of the City of Delray Beach, Florida, to be affvced this 18th day of May, 1999. ,lay Alperin Mayor Head Start Program 1~~~ 301 S.W. 14~ Avenue Delray Beach, FL 33444 Phone: (561) 266-0932 Fax: (561) 243-1591 ~"~ Teachin~ Child'.-e:....Re~cn~o'' ~ Fam~:;~.,~ May 5, 1999 ~e Honorable Jay Alpem Mayor of Delray Beach 100 N. W. 1 st Avenue Delray Beach, Florida 33~ Dear Mayor Alperin: The Delray Full Service Center Head Start program is building upon the past, while preparing for the future. Our program is now serving more families and more of our children are entering the Kindergarten classroom ready to learn. Correspondingly, plans are being made to expand our school day, our school year, our curricular program, and our student enrollment. In short, our Head Start program is continuing in the pursuit of academic excellence. We have many things to be thankful for, as well as several things that we continue to reflect upon. We are larger and more visible in the Delray Beach community and we are quickly becoming one of the premiere child care centers in Palm Beach County. On behalf of the Head Start "Moving On" Committee and the Office of the Head Start Director, we extend an invitation for you to join us for our 1999 "Moving On" Ceremony. This event will be held in the Atlantic High School Auditorium on June 2, 1999, at 6:00 p.m. As we pause to reflect upon our accomplishments and successes, we the staff of Delray Full Service Center Head Start, feel it would be most appropriate to proclaim June 2, 1999, as Delray Full Service Center Head Start Day in the City of Delray Beach. We have provided quality child care services to the citizens of our great city for the past five years and in so doing, we have increased the number of productive citizens living in our community, state, and country. Your seal and proclamation will add prestige and public awareness to our services while enabling us to become more visible to a much larger audience. Correspondingly, we would like to publish an official sealed proclamation from your office to be placed in our commemorative "Moving On" ceremony program. A Cheetah-rific Place to Learn Thank you for your support in this enfieavor. We will await your response. Please call us at (561) 266-0932. Yours in education, Willie Newsome, Jr. !othovingOn" Co'-- , mm~rtee Chairperson Y d~n III, Ph.D.~ Head Start Director MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # Z'~ .- REGULAR MEETING OF MAY 18~ 1999 ADOPTION OF 1999 GOAL SETTING DATE: MAY 12, 1999 This is before the City Commission to approve the results of the 1999 goal setting session, including our 1999 Policy Agenda, Targets for Action 1999, and Goals 2004. These items were reviewed at the May 11th workshop. There were no changes or corrections. It was the consensus of the Commission to bring them forward for formal action at the May 18th regular meeting. Formal adoption is recommended. S/CityClerk/Goals. 1999 Delray Beach Pg-ll7 _, -_ .. ~ ,-~ ~ Insert 11 Page 1 ~.~ ~ \ ~ ~_.; Delray Beach 1999: Our Policy Agenda TOP PRIORITY Neighborhood Action Plan West Atlantic Redevelopment Police Retention Action Plan C.R.A. HIGH PRIORITY Tennis Stadium: Evaluation and Direction Public Information/Marketing Action Plan Cultural Diversity Action Plan Citizen Involvement Strategy Delray Beach P9-117 ", --: , L', ~ ~ Insert 12 Page 1 , · ,./_~ fi- ~ Targets for Action: 1999 TOP PRIORITY 1. Neighborhood Action Plan * Review Projects: Streets, Sewer, Drainage, Sidewalks, Street Lights , EYaluate Funding Options and Costs: City, Residents * Decision: Overall Direction Funding Timing . Initiate Actions 2. West Atlantic Redevelopment · Involve Citizens (Early to Define Problems and Outcomes) · Review Problems and Issues for City · Explore Options (Hotel, Retail, Grocery Store, etc.) · Decision: Key Policy Issues · Review Reports on C.1LA. Activities · Link to Southwest Neighborhood Plan 3. Police Retention Action Phm · Review Report · Explore Options · Decision: Staffing Level Compensation Level 4. C.R.A~ · Link to Marketing with Message: Start with Problems, Not Solutions in Working with Citizens; Sense of Accountability · Meeting: Commission and C.R.A. Delray Beach Pg-117 .... ' Insert 12 Page2 ~) ~,~,'"~-- ~ HIGH PRIORITY 5. Tennis Stadium: Evaluate and Direction · Inform Citizens: Accurate Information, Expectations · Identify Problems and Concerns, Benefits, Potential Future · Explore Options (e.g. Enterprise Fund with Golf Course) · Define City's Role · Decision: Direction · Develop Action Plan · Develop Separate Identity for Stadium, Center 6. Public Information/Marketing Action Plan · Review Current Activities · Explore Options Used by Other Cities · Identify Specific Concerns and Problems · Develop Action Plan · Establish a Focal Point for City · Include Information for Commissioners 7. Cultural Diversity Action Plan · Understand their Cultural View (e.g. Police, Banks) Identify Problems and Opportunities - Their Issues · Explore Approaches Used by Other Cities · Define City's Role · Work with Community to Develop Action Plan · Decision: Direction Action Plan 8. Citizen Involvement Strategy · Identify Problems · Explore Options Used by Other Cities (Civic Leadership, Civies for Kids, City Boards and Commissions, Personal Invitations, etc.) · Develop Action Plan · Decision: Direction Funding Delray Beach Pg- 11 Insert $ Page ,. Goals 2004 and Beyond: Definition TOP PRIORITY 1. Citizens Feeling Included: An Inclusive Community · Definition · Access to City Government · Respect for Cultural Differences and Contributions · People Working Together to Solve Problems · Citizens Well hfformeA about City Government · Participation Across Ethnic Groups, Ages, etc. · Valuing Diversity · Ownership of the Community 2. Variety of Quality Neighborhoods: A Community of Neighborhoods · Definition · Active Neighborhood Associations · People Feeling Safe, Secure in Neighborhoods, on Streets · Quality Neighborhood Streets and Infrastructure · Residents Working Together to Solve Problems, to Preserve Neighborhood · Different Types of Neighborhoods · Protecting the Integrity of Neighborhoods · Equity Among Neighborhoods Delray Beach Pg-117 ,~,_ -_, ~, -- --~ Insert 8 Page 2 ~,. ~--,~ £~ TOP PRIORITY 3. Financially Sound City Government - Stable, Growing Tax Base · Del'tuition · Expanding Local Economy · Retaining Quality Businesses · Attracting New Job Opportunities · Adequate Financial Reserves · Resources to Support Desired Service Levels · Reduce Millage Rate 4. 1st Class Downtown - A Place Attracting People · De£mifion · Pineapple Grove, West Atlantic as Unique Extensions of Downtown · People Coming to Downtown- 1-95 to Beach · A Focus Point for Our Community - Source of Pride · Strong Local Merchants · Diversified Business - Less Sensitive to Economic Changes · Attractive, Pedestrian Friendly · Each Element has Own Niche- Original Downtown, West Atlantic, Pineapple Grove * People Include West Atlantic in Their Tlfinking 5. Effective City Services - Responsive to Needs, Citizens Feeling Value for Tax Dollars · Definition · Listening to Community: Needs, Problems · Continuous Improvement of Services · Services and Service Levels: Consistent with Community Expectations and City Resources · Quality Infrastructure: Well Maintained · Responsive to Emergency Situations · Including Citizens as Partners, Volunteers · - ', '- - DelrayBeach P9-117 lnsen 8 Page 3 _~-~ . ~.".. /.z_,~ ~ ~; OTHER PRIORITY 6. Quality Neighborhood Schools -Emphasis on Our Community · Definition · New High School · Challenging Curriculum · Located in Walking, Biking Distance · Students Prepared with Knowledge and Skills: for Secondary Schools for Work for Higher Education · Alternative Enrichment Activities · Students Involved in Commtlnity Service (All Levels) '-c~__~ · Our Kids Going to Our Schools - Adequate School Faeili~ 7. Reputation as a Safe Community - People Feeling Safe and Secure · Definition · Citizens Working to Make Commurfity Safe Lower Crime Rate than Comparable Cities Emphasis on Prevention and Long-Term Solutions · Prepared for Emergency or Disaster · Well Trained, Well Equipped Police and Fire Personnel · Timely Response 8. Premier Beach - Protection of Coastal Resources · Definition · People having Access to Beach · Attractive, Clean Beachfront · Quality Beach · Use of Beach - Residents and Guests · Activities and Leisure Opportunities - Variety CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNING AND SUBJECT: MEETING OF MAY t8, 1999 **CONSENT AGENDA** ABANDONMENT OF 10' DRAINAGE EASEMENTS WITHIN DELRAY BEACH HEIGHTS EXTENSION SECTIONS A AND B SUBDIVISION KGROUND AND ANALYSIS BAC The action requested of the City Commission is approval of the abandonment of the remaining portion of two ten foot wide drainage easements lying between Lots 1 and 14, Block 6, within Delray Beach Heights Extension Sections A and B Subdivision. The abandonment area (20' width x 120' length) lies in the middle of the block and is located betweenS.W. 13th and S.W. 14th Avenues, on the north side ofS.W. 10t' Street. On April 23, 1985, the City Commission approved the abandonment of the north 580' of this easement with the recordation of Resolution 35-85. The abandonment is being requested to increase the rear yards of the duplexes on Lots 1 and 14. FINDING Prior to the granting of an abandonment the following finding must be made: · That the abandonment will not result in detriment for the provision of services to adjacent properties or the general area. The City's Environmental Services Department reviewed the request and has no objection. All utility companies were contacted (Florida Public Utilities, FPL, BellSouth, and Adelphia Cable), and there are no objections as none of these companies have services within the abandonment area. , ' P~NNING AND ZONING BOARD, CONSIDERATION, Planning and Zoning Board review is not required for the abandonment of easements. RECOMMENDED ACTION By motion, approve the abandonment of the remaining portion of the 10' drainage easements lying between Lots 1 and 14, Block 6, within Delray Beach Heights Extension Sections A and B Subdivision through the enactment of Resolution 30-99. Attachments: · Location Map · Survey · Delray Beach Height Extension Sections A and B Subdivision Plat RESOLUTION NO. 30-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE REMAINING PORTION OF TWO TEN FOOT WIDE DRAINAGE EASEMENTS LYING BETWEEN LOTS 1 AND 14, BLOCK 6, DELRAY BEACH HEIGHTS EXTENSION SECTIONS A AND B SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 28, PAGE 171, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS Tt~E SAME IS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of the remaining portion of two ten foot wide drainage easements lying between Lots 1 and 14, Block 6, Delray Beach Heights Extension Sections A and B Subdivision; and WHEREAS, the application for abandonment of said drainage easements was processed ,, pursuant to Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(P)(3)©, the City Engineer has forwarded the application to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, pursuant to LDR Section 2.4.6(P)(5), the City Commission of the City of Delray Beach, Florida, finds that the abandonment will not result in detriment for the provision of utility or drainage services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said drainage easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: The east ten (10) feet of Lot 1, Block 6 and the west ten (10) feet of Lot 14, Block 6, Replat Delray Beach Heights Extension Sections "A" and "B", according to the Plat thereof as recorded in Plat Book 28, Page 171, Public Records of Palm Beach County, Florida. The abandonment area (20 ft. width by 120 ft. length) lies in the middle of Block 6 and is located between S.W. 13th and 14th Avenues on the north side of S.W. 10th Street. PASSED AND ADOPTED in regular session on this the 18th day of May, 1999. ATTEST: City Cler~ ' Res. No. 30-99 STRONG CEN T£R AUBURN S.W. 7TH ST. TERR. SO. S.W. 7TH CARVER ESTATES s.w. 7TH CT. __ S.W. 8TH ST. S.W. 10TH STREET 20 FT. D~INAGE ~.~. EA,~ EMENT PARK TEN ROYAL Pr DR. PARK TEN ~ / 2ND ADD. <' POINSETTIA DRIVE L IN TON CENTRE N ~ -ABANDONMENT OF EASEMENT- CITY OF DFLRAY BEACH, FL PLANNING & ZONING DEPARTMENT LOT 2 LOT 15 BLOCK 6 8L OCK 6 .WALL ?T I.R. 90,0' NOTE: NO OTHER EVIDENCE OF' UTILITIES FOUND UTILITY LIN~S 90.0' -OVERHEAD UTII.~TY L~NES INLET DRAINAGE C $.W. ~OTH ~- g~R~T O~SCR~PnON: 52'PAV~G THE EAST I0 FEET OF LOT I, BLOCK 6 AND THE WEST I0 FEET OF LOT 14, BLOCK 6, REPLAT DELRA Y BEACH HEIGHTS EXTENSION SECTIONS "A" AND "B~ ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2& PAGE 171, PUBLIC RECORDS OF PALM BEACH COUNTY, , FL ORIDA. MAP OF BOUNDARY SURVEY ! HEREBY <:~'RTFY Ti, tAT TNIS LEGEND: ~ ~g~ T~ ~ TRIAL ST~S AS ~r F~TH ~ = CENTERLINE ~ATN& C~. ~ANT TO ~CT~ 47Z027. ~A STA~5. I.R. = 5/8' ,RON ROD WITH CAP,LB ~55 FLOOD ZONE: X JO~ N. SUIT~ CONC = CONCRETE ~ v~e ~t ~ ~ xm 5U~YOR AND MAPPER ~1~14 ~o~: O'BRIEN, SUITER & O'BRIEN, INC. LAND SURVEYORS AREA = 2.400 SQUARE FEET ~RTF~ATE ~ AUTHOR~ATION ~LB353 OR 0.05~1 ACRE MORE OR LESS S~VEY~ AMD ~APPER 2601 ~TH FE~RAL ~HWAY. DELRAY ~ACH. FLORA 33483 (561) 276-~501 732-3279 FAX 276-2390 MARCH 8, 1999 ~" = 20' ~ COPYR~HT 1999 O~RIEN, SUITER & O'BRE~ ~C, 0243 67 99-17d MEMORANDUM TO: David T. Harden, City Manager FROM: Alison MacGregor Harty, City Cler~'- SUBJECT: Revision toM a~ !8~ City Com~issionA~en,da DATE: May 17, 1999 I received a call this morning from Charles Bender, Community Development Program Coordinator, asking that Item 8.D., Delray Beach Housing Renaissance Program Memorandum of Understanding and Policies and Procedures 1999/2001, be removed from tomorrow night's consent agenda. Apparently, it did not get on the CRA's agenda and should be acted on by that agency prior to City Commision consideration. Also, a reminder there were no public comments from the May 4th meeting. As for Commission comments, Mr. Schmidt's remarks re speeding in residential areas (he specifically mentioned the Seacrest neighborhood) were addressed by the Police Department at the workshop on May 11, 1999. Mrs. Archer's comment re changes to the Police pension plan as a retention incentive is scheduled for discussion on May 18, 1999. AMH/m CC: Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Barbara Garito, Deputy City Clerk AGENDA REQUEST Request to be placed on: Date: May 10, 1999 ~ Regular Agenda Special Agenda __ Workshop Agenda xxxx Consent Agenda When: May 18,1999 Description of item: The purpose of this item is to obtain approval and execution of the Memorandum of Understanding and the Policies and Procedures that govern the Delra¥ Beach Housing Renaissance Program for 1999-2001. ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of the Delra¥ Beach Housing Renaissance Program for 1999- 2001. The Memorandum of Understanding and Policies and Procedures has been approved and signed by all of the partnering agencies. Department Head Signature: /~~x~ t~ -- City Attorney Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Altematives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for Agenda:(~O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved City of Delray Beach Community Development Division MEMORANDUM TO: David T. Harden, City Manager THRU: Lula Butler, Community Improvement Director ~ FROM: Charles L. Bender III, Community Development Coordinator DATE: May 10, 1999 SUBJECT: Delray Beach Housing Renaissance Program Memorandum of Understanding and Policies and Procedures 1999-2001 ITEM BEFORE THE COMMISSION The purpose of this item is to obtain approval of the Memorandum of Understanding 1999-2001 and Policies and Procedures which will govern the Delray Beach Housing Renaissance Program. BACKGROUND Pursuant to the recommendations from the Visions 2005 Assembly report, the Community Development Division invited the various housing providers within the City of Delray Beach to a series of meetings designed to develop a coordinated approach to the delivery of affordable housing. The result of these meetings was the formation of a local partnership to provide a consolidated delivery system of affordable housing. The first Delray Beach Housing Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996; approval of a one-year extension was later granted on December 2, 1997. The program was originally designed to assist eighty families over a two-year period. To date, approximately eighty-five families have been assisted. The Memorandum of Understanding 1999-2001 and accompanying Policies and Procedures have been designed to incorporate the concepts used under the past agreement, while improving elements of the delivery system in order to better assist the citizens it serves. The City of Delray Beach's Community Development Division will continue to coordinate the program and provide subsidy dollars through the State Housing Initiatives Partnership Program. Each Agency has committed subsidy funding or expertise to this program as a "partnership" of efforts. The amount of dollars available for the program is outlined in Exhibit B of the Memorandum of Understanding. Partnership financing (first mortgage funding) is primarily provided through the Community Financing Consortium; the Community Redevelopment Agency is providing $50,000 for financial assistance plus architectural designs, vacant lots for purchase, loan guarantees and technical assistance to the non-profit agencies; the Delray Beach Housing Authority will provide $27,068 for subsidies targeted for families in transition towards self-sufficiency; the TED Center and the Delray Beach Community Development Corporation (CDC) will receive applications for the program, screen and educate applicants on homeownership, process applications, submit requests for subsidy to the Community Development Division and mortgage applications to the lending institution(s), work with participating builders and represent the applicants during the construction phase (post-closing) of the home purchase. RECOMMEDATION Staff recommends approval of the Delray Beach Housing Renaissance Program Memorandum of Understanding 1999-2001 and Policies and Procedures governing the program. s:/cd/renprgm/MemorUnderAgen [fly OF I]ELR;lY BE;ICH CiTY ATTORNEY'S OFFICE ~oo ~ ,~, ^~,.~. ~,.,~^~,,.^~,. ~o~,~^ ~,, TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 Ali.America City MEMORANDUM '~11~: DATE: May 12, 1999 1993 TO: David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Interlocal Agreement Between the City and CRA for Funding Participation The attached agreement provides that the City will contribute an amount not to exceed $17,500.00 for the hiring of a person as a consultant to implement the West Atlantic Redevelopment Plan. The CRA has requested that this agreement be placed on the City Commission agenda for May 18, 1999. SAR:c~~ Attachment cc: Alison MacGregor Harty, City Clerk Chris Brown Diane Hervey **Funding will be from 001-6111-519-99.03 (City Manager Contingency) INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA, AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR ASSISTANCE IN FUNDING STAFF AND/OR CONSULTANT SUPPORT FOR THE WEST ATLANTIC REDEVELOPMENT COALITION THIS AGREEMENT is made and entered into this . day of ,1999 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, herein referred to as the 'City', and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as the 'CRA'. WITNESSETH: Whereas, the CRA is committed to the implementation of West Atlantic Redevelopment Plan and to the success of its dependent organization, the West Atlantic Redevelopment Coalition, herein referred to as 'WARC,"; and Whereas, the City Commission has a significant interest in the redevelopment of the West Atlantic Redevelopment Corridor, and therefore to the success of the West Atlantic Redevelopment Coalition and the implementation of the West Atlantic Redevelopment Plan; and Whereas, the City wishes to assist the CRA in providing financial assistance in providing for staff and/or consultant assistance to the West Atlantic Redevelopment Coalition and; Whereas, the CRA wishes to continue to financially support the West Atlantic Redevelopment Coalition through staff and/or consultant support but requires additional assistance. NOW, THEREFORE, in consideration of the mutual covenants and promises contained, the parties agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The .term of this contract shall be for thirty-four weeks commencing on FebnJary 15, 1999 and terminating on September 30, 1999. 3. The City shall provide financial assistance to the CRA for one-half of the associated costs of hiring a staff member and/or consultant to provide assistance to the West Atlantic Redevelopment Coalition for the redevelopment of the West Atlantic Avenue Corridor; for amount not to exceed $17,500 for the City. The City of Delray Beach is not responsible for any items related to the West Atlantic Redevelopment Pro~_ ram such as travel, entertainment, professional development, newsletter cost, and other program related costs. The CRA will provide for the other remaining costs of hidng a staff member and/or consultant as well as any program related costs. The CRA shall be the lead agency in providing staff and/or consultant assistance to the West Atlantic Redevelopment Coalition, as defined in the attached agreement, 'West Atlantic Redevelopment Agreement", incorporated herein as Attachment A. 4. The intended scope of work for the Staff and/or Consultant shall be those items outlined in the attached Consulting Contract (Attachment B). 5. The CRA will provide the other one-half of the salary/consulting contract amount. 6. No prior or present agreements or representations with regard to WARC staff/consultant support services shall be binding on the City or the CRA unless included in this contract. No modification or change in this contract shall be valid or binding upon the parties unless in writing or executed by the party or parties intended to be bound by it. 7. The invalidity of any portion, article, paragraph, provision, clause, or any portion thereof this contract shall have no effect upon the validity of any other part or portion hereof. 8. To the extent allowed by law, the venue for any action arising from this contract shall be in Palm Beach County, Florida. 9. This contract shall be governed by and in accordance with the laws of [he State of Florida. 10. Neither the City, nor the CRA, shall assign, convey or transfer any rights or interest in this Agreement without the written consent of the other. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to form: City Attorney ~,.TTEST:.. . /\ CO PMENT AG ~~..(_._~"~c.. ~ -,_~_j "(--'~'~ By:~_., ,.j ,, Print Name: (,~:j{ State of Flodda County of Palm Beach The foregoing instrument was acknowledged before me this //~(. day of /Y/~L'~h/, 1999 by ~/t,~,'~/-~7'h'~5~J. ~0 is personally known to me ~ ~ as identification. .~ DIANE G. HERVEY l~J '~ .,.~e E~,~ NOV 28, 2001 signature of No~ te of Florida ~ BONDED ~ ~ ~C ~DIN~ ~O,~ I~. AMENDMENT TO WEST A TI. ANTIC REDEVELOPMENT AGREEMENT This AGREEMENT is made and entered into the ~,.~. day of ~, 1999 by and between the COMMUNITY REDEVELOPMENT AGENCY OF THECITY OF DELRAY BEACH, herein referred to as the "CRA," and the WEST ATLANTIC REDEVELOPMENT COALITION, herein referred to as the "WARC.' WITNESSETH: WHEREAS, the CRA is a Community Redevelopment Agency created pursuant to Florida Statute Chapter 163 and has as its purpose the redevelopment of portions of He City of Delray Beach~ located within its geographically designated redevelopment area; and WHEREAS, the WARC is a non-profit economic development organization with its purpose of redevelopment of the West Atlantic Corridor: and WHEREAS, the parties hereto have heretofore joined forces to develop and administer a Program for West Atlantic Avenue, a summary of which Program is attached hereto as Exhibit "A,' and that they desire such venture to continue for an additional year. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained the parties hereby agree as follows: 1. Term. The term of this agreement shall be on a fiscal year basis commencing October 1, 1998 and ending September 30, 1999 unless extended in writing by all parties hereto. 2. Board of Directors. The CRA shall appoint two of its members to the Board of the West Atlantic Redevelopment Agency. 3. Operations. WARC has entered into an agreementwith a consultant, in form attached hereto as Attachment "B," for conducting the day-to-day affairs of WARC. The CRA hereby agrees to fund WARC in an amount equal to $41,600 annually with such funds being restricted for the use of payment by WARC to the consultant pursuant to the attached consulting agreement. WARC hereby agrees to direct the consultant to report on matters relative to WARC to the Executive Director of the CRA as shall be requested by the Executive Director. 4. In-kind contribution. The CRA shall provide an office, telephone, and supplies at no charge or as an in-kind service to the WARC in such amounts as the CRA determines as reasonable, in its sole discretion. 5. Applicability of Sunshine Law. The parties hereto-agree that the conduct of the affairs of the WARC shall be in accordance with Florida Statute Chapter 286.011 governing the Sunshine Law and that the records of WARC shall be deemed Public Records pursuant to the Florida Statute Chapter 119 and administered accordingly. 6. Authorization to Obtain Liability Insurance. The WARC shall, subject to budgeting funds therefore, acquire such liability insurance as its Board of Directors deem appropriate for the protection of the Directors and the parties hereto. Such Liability Insurance shall expressly name as additional insumds the parties hereto. 7. Laws Governing this relationship. This relationship shall be governed by and construed in accordance with the laws of the State of Florida. COMMUNITY REDEVELOPMENT AGENCf,~)F THE CITY OF DELPAY Secretary WEST ATLANTIC REDEVELOPMENT Chairm~n Attested by: Community Redevelopment [] Agency Delray Beach ATTACHI~ENT B CONSUL TING CONTRA CT This contract is made this 15ta day of February, 1999, for consulting services between the West Atlantic Redevelopment Coalition, Inc. (%VARC), a not-for-profit corporation organized and existing under the laws of the State of Florida, with its place of business at 24 North Swinton Avenue, Delray Beach, Florida, and John T. Patterson, Jr. (Consultant). WARC is in the business of community redevelopment, and desires to have the following services performed by the Consultant: consulting as a West Atlantic Redevelopment Coordinator. Furthermore WARC contracts with the Community Redevelopment Agency of Delray Beach (CRA) to provide consulting services, and the CRA is created to eliminate slum and blight in its district and promote economic revitalization. Consultant agrees to perform these services for WARC under the terms and conditions set forth in Ihis contract. I. SCOPE OF SERVICES Consultant will perform consulting and advisory services on behalf of WARC with respect to matters relating to or affecting the administration of the West Atlantic Redevelopment project, defined more completely in the CRA's Redevelopment Plan. Responsibilities include, but are not limited to: · Coordinate and manage activities of the West Atlantic Redevelopment Coalition, Inc.; · Meet with West Atlantic Homeowners' Associations on a regular basis to update them as to activities on the Avenue; · Prepare and distribute a newsletter concerning activities in the West Atlantic corridor area; Assist with relocation activities when CRA or other commercial entity purchases property on the Avenue and businesses or residents are displaced; · Assist and coordinate with the Downtown Joint Venture, a partnership of the CRA, the Chamber of Commerce, and the Downtown Development Authority, with events on West Atlantic Avenue; · Provide assistance to pre-startup enterprises which desire to locate on West Atlantic Avenue in the future in conjunction with the TED Center; and Assist in attracting businesses and developers locating and developing in the West Atlantic corridor; II. PLACE OF WORK It is understood that Consultant's services will be rendered at the Consultant's office, 7082Siena Court, Boca Raton, FL 33433. The Consultant will, on reasonable request, come to such other reasonable places as designated by the WARC including, but not limited to, the CRA's office. 24 N. Swinton Avenue, Delra¥ Beach. FL 33444 (561) 276-864c~ / John T. Patterson, Jr. Page 2 III. TIME DEVOTED TO WORK In the performance of the services, the services and the hours the Consultant is to work on any given day will be entirely within Consultant's control. WARC will rely upon Consultant to put in such number of hours as is reasonably necessary to fulfill the spirit and purpose of this contract. WARC recognizes that the Consultant is a member of the Board of Directors of the Newberger Berman Family of Mutual Funds and as such will attend meetings as required of a board member. WARC will pay Consultant the sum of twenty-seven thousand two hundred dollars ($27,200), payable in bi-weekly installments of one thousand six hundred dollars ($1,600). In addition, WARC will reimburse the consultant for expenses incurred in connection with the execution of the services including long distance telephone calls (documented by copies of invoices from telephone service providers), automobile expenses at a maximum rate (based upon twenty-nine cents ($.29) per mile) of one hundred twenty-five dollars ($125) bi-weekly for the first four (4) bi-weekly periods and seventy-five dollars ($75) tbr the remaining thirteen (13) bi-weekly pay periods, and any other expenses previously approved in writing by the Chairman of WARC. The consuRant shall submit invoices for the bi-weekly period of service, and the invoice shall include the following: date of the period of service, a description of the services rendered, and the date and hours expended for such services. V. DURATION The parties hereby agree that this contract will run for thirw-four (34) weeks commencing on February 15, 1999 and terminating on September 30, 1999. VI. STATUS OF CONSULTANT This contract calls for the performance of the services of the Consuluant as an independent conu'actor, and Consultant will not be considered an employee of WARC or for any purpose. Additionally. Consultant shall be aware of the following conditions: A) No income tax or unemployment tax will be withheld by WARC. Consultant is responsible for payment of self- employment tax. Accordingly, Consultant shall complete a Form W-9 prior to commencing any work for WARC. B) Consultant is not eligible for any benefits extended to WARC employees, including: · paid sick time; · paid vacation time; · pai, d holidays; John T. Patterson. Jr. Page 3 · health insurance and workers' compensation insurance; · 'deferred compensation plan. C) Consultant is responsible for when, where and how services are performed, subject to the Consultant's obligations under this contract. D) Consultant shall provide a general liability policy of $500,000, workers compensation for its employees, and auto liability of $300,000 (combined). A Certificate of Exemption for workers compensation may be substituted for the Consultant. E) The con~.ultant shall perform his obligations under this contract at the direction of the.Chairman of WARC. Consultant shall report on matters of this contract to the Executive Director of the CRA unless otherwise specified. VII. TERMINATION In the event Consultant shall fail to materially perform ali requirements imposed by this contract, WARC shall provide Consultant with written notice of such deficiency, and in the event Consuhant shall not have reasonably cured such deficiency with fifteen (115) business days following notice by WARC to WARC's satisfaction, WARC may immediately cancel this contract. Agreed to by and between WARC and the Consultant: Chairman West Atlantie Redevelopment Coalition. Inc. Date Date [ITY OF DELRflY BEA[H CiTY ATTORNEY'S OFFICE TELEPHONE 407/243-7823 · FACSIMILE 407/243-7816 DELRAY BEACH POLICE LEGAL ADVISOR Ali. America City FI~C~IV~D. ® TO: David Harden ~ City Manager CiTY MANAGER Catherine M. Kozol //~'~ FROM: Police Legal AdvisorV DATE: May 5, 1999 SUBJECT: Sabal Lakes Phase III Homeowner Association Attached for your review and insertion on the Consent Agenda are three originals of the Sabal Lakes Phases III Traffic Enforcement Agreement. This agreement will allow the Police Department to enforce state and local traffic laws on the private roads of the Sabal Lakes Phase III. The cost to the City will be minimal, as the Department will have discretion to determine when personnel will be available to patrol the area. As for liability, the City will be added to the Association's $100,000.00 liability insurance policy as an additional insured. Further, Sabal Lakes Phase III Association will indemnify the City for acts that are a result of actions taken under this agreement. Feel free to contact me if I can be of further assistance in this matter. Ibg Enclosure c: Susan Ruby, City Attorney Allison MacGregor Harty, City Clerk Richard Overman, Chief Ha~dcn6.doc Prmted on Recycled Paper SABAL LAKES III HOMEOWNERS ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") through its Police Department, wishes to make its Community Policing efforts in Sabal Lakes III as effective as possible; and WHEREAS, the SABAL LAKES III HOMEOWNER ASSOCIATION (hereinafter referred to as "ASSOCIATION") is desirous of the enforcement of state and municipal traffic laws on its property; and WHEREAS, both the CITY and the ASSOCIATION feels that such enforcement will make the Community Policing effort a more positive influence on the community; and WHEREAS, F.S. 316.006(2),(b),(1),(2) allows for such enforcement on private roads pursuant to a written agreement approved by the CITY Commission which provides for reimbursement for actual costs of traffic control and enforcement liability insurance and indemnification and other terms as are mutually agreeable by the parties. Now, therefore, for the mutual consideration, covenants, and matters set forth herein, as of the date set forth below, the parties hereto do hereby agree as follows: 1. The CITY does hereby agree to enforce all state and municipal traffic laws on all private roads owned by the ASSOCIATION. 2. The enforcement of the traffic laws will occur 24 hours, 7 days a week. 3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to cover the actual costs of the traffic control and enforcement incurred by the CITY. 4. The ASSOCIATION shall defend, indemnify and hold harmless the CITY, its agents, officers, officials and employees from any and all claims, suits, causes of actions or any claims whatsoever made arising from any and all acts of traffic control and traffic enforcement that occur on the' ASSOCIATION'S property following the date of this agreement. Nothing herein shall be deemed a waiver of the privileges and immunities granted to the CITY under F.S. 768.28. This indemnification shall survive the cancellation of this agreement. 5. The ASSOCIATION shall provide liability insurance to cover the indemnification in the amount of $100,000 and name the CITY as an additional insured. 6. This agreement shall take effect upon execution and approval by the Delray Beach City Commission and the SABAL LAKES III HOMEOWNER ASSOCIATION and shall continue in full force and effect until rescinded by either party. Under no circumstances may this agreement be renewed, amended, or extended except in writing. 7. Either party may cancel their participation in this agreement upon delivery of 30 days written notice to the other party. Cancellation will be at the direction of the subscribing party. 8. In any action brought to enforce any provision of this agreement, the prevailing party shall be entitled to the relief sought plus all costs incurred and reasonable attorneys fees. 9. The ASSOCIATION, by signing below, affirm that they have read and understand this agreement and that they have been given the opportunity to have the attorney of their choice review this agreement. This agreement made and entered into on this day of ,199._. City of Delray Beach, Florida City of Delray Beach Sal~l Lakes Ill'-Homeowner by Mayor Jay Alperin Association, Inc. ATTEST: City Clerk Approved as to form and legal sufficiency L.A.O. 3/99 CITY OF DELRAY BE#£H CITY ATTORNEY'S OFFICE TELEPHONE 407/243-7823 ° FACSIMILE 407/243-7816 POLICE LEGAL ADVISOR Ali.America City ®TO: David Harden ~993 City Manager CITY MANAGER FROM: Catherine M. Kozol/'~ Police Legal Advisor' DATE: May 5, 1999 SUBJECT: Hamlet Residents Homeowner Association Attached for your review and insertion on the Consent Agenda are ~ originals of the Hamlet Residents Traffic Enforcement Agreement. This agreement will allow the Police Department to enforce state and local traffic laws on the private roads of the Hamlet. The cost to the City will be minimal, as the Department will have discretion to determine when personnel will be available to patrol the area. As for liability, the City will be added to the Association's $100,000.00 liability insurance policy as an additional insured. Further Hamlet Residents Homeowner Association will indemnify the City for acts that are a result of actions taken under this agreement. Also attached is a check from the Hamlet Residents Association, Inc. in the amount of $12.00 for the traffic control and enforcement. Feel free to contact me if I can be of further assistance in this matter. Ibg Enclosure c: Susan Ruby, City Attorney Allison MacGregor Harty, City Clerk Richard Overman, Chief Harden6.doc Printed on F~ecycted Paper HAMLET RESIDENT HOMEOWNERS ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") through its Police Department, wishes to make its Community Policing efforts in the Hamlet as effective as possible; and WHEREAS, the HAMLET RESIDENT HOMEOWNER ASSOCIATION (hereinafter referred to as "ASSOCIATION") is desirous of the enforcement of state and municipal traffic laws on its property; and WHEREAS, both the CITY and the ASSOCIATION feels that such enforcement will make the Community Policing effort a more positive influence on the community; and WHEREAS, F.S. 316.006(2),(b),(1),(2) allows for such enforcement on private roads pursuant to a written agreement approved by the CITY Commission which provides for reimbursement for actual costs of traffic control and enforcement liability insurance and indemnification and other terms as are mutually agreeable by the parties. Now, therefore, for the mutual consideration, covenants, and matters set forth herein, as of the date set forth below, the parties hereto do hereby agree as follows: 1. The CITY does hereby agree to enforce all state and municipal traffic laws on all private roads owned by the ASSOCIATION. 2. The enforcement of the traffic laws will occur 24 hours, 7 days a week. Golf Carts may be operated on all private roads owned by the Association. 3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to cover the actual costs of the traffic control and enforcement incurred by the CITY. 4. The ASSOCIATION shall defend, indemnify and hold harmless the CITY, its agents, officers, officials and employees from any and all claims, suits, causes of actions or any claims whatsoever made arising from any and all acts of traffic control and traffic enforcement that occur on the ASSOCIATION's property during the term of this agreement. Nothing herein shall be deemed a waiver of the privileges and immunities granted to the CITY under F.S. 768.28. This indemnification shall survive the cancellation of this agreement. Hamlet Resident Homeowners Association Traffic Enforcement Agreement 5. The ASSOCIATION shall provide liability insurance to cover the indemnification in the amount of $100,000 and name the CITY as an additional insured. 6. This agreement shall take effect upon execution and approval by the Delray Beach City Commission and the HAMLET RESIDENT HOMEOWNER ASSOCIATION and shall continue in full force and effect until rescinded by either party. Under no circumstances may this agreement be renewed, amended, or extended except in writing. 7. Either party may cancel their participation in this agreement upon delivery of 30 days written notice to the other party. Cancellation will be at the direction of the subscribing party. 8. In any action brought to enforce any provision of this agreement, the prevailing party shall be entitled to the relief sought plus all costs incurred and reasonable attorneys' fees. 9. The ASSOCIATION, by signing below, affirm that they have read and understand this agreement and that they have been given the opportunity to have the attorney of their choice review this agreement. This agreement made and entered into on this day of ,199(:;j. City of Delray Beach, FI or ida ~/~~:::~:7_._~ By: City of Delray Beach Hamlet Residen't,14~r~'owner by Mayor Jay Alperin Association, Inc. ATTEST: City Clerk Approved as to form and legal sufficiency City ~torney Hamlet .doc/docs/agreemen L.A.O. ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~I SUBJECT: AGENDA ITEM #~-- REGULAR MEETING OF MAY 18, 1999 CLOSEOUT CHANGE ORDER #2 AND FINAL PAYMENT/REPUBLIC CONSTRUCTION & DEVELOPMENT CORP. (PINE GROVE PARK) DATE: MAY 12, 1999 This is before the City Commission to approve ctoseout Change Order #2 in the amount of $2,454.13 to Republic Construction & Development Corp. due to an unforeseen condition related to a new underground conduit and wiring for the newly installed sports lighting at Pine Grove Community Park. Final payment in the amount of $18,745.28 is also requested for Republic's completion of the Pine Grove Park improvements project as well as the work included under Change Order #1 for the construction of the materials storage bins at the Public Works complex. This change order was in the amount of $17,476 and was approved by the City Commission on February 2, 1999. Ail of the work has been inspected by staff and approved for acceptance. Funding will be as follows: $2,079.13 from 117- 4176-572-63.40 (Recreation Impact Fee/Pine Grove Park) and $16,666.15 from 334-3351-591-63.22 (General Construction Fund/Garage Addition). Recommend approval of closeout Change Order #2 and final payment to Republic Construction & Development Corp. s/city Clerk/Republic. Final. PineGrove Agenda Item No. AGENDA REQUEST Date: Ma), 7, 1999 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: Ma), 18, 1999 Description of item (who, what, where, how much): Staff request the City Commission approve a net add Change Order #2/Final in the amount of $2,454.13, and final payment in the amount of $18,745.28, to the construction contract with Republic Construction & Development Corp. for the completion of improvements at Pine Grove Park. Funding is available from the Pine Grove Park, Recreational Improvements Fund, account 117-4176-572-63.40. and from Garage Addition, General Construction Fund account 334-3351-591-63.22. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve Change Order #2/Final and Final Payment, to the construction contract with Republic Construction & Development Corp., for the c°mpleti°n °f impr°vement~r'~Pi~~. Par~j~ (~)~ Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (r.~;iui~d on all items involving expenditure of funds): Funding availabl~O Funding alternatives (if applicable): Account No. & Description 117-4176-572-63.40, ($2079.13); Recreation Impact Fee/Pine Grove Park 334-3351-591-63.22, ($375.00); Gen Cnstrctn/Garage Addition City Manager Review: ApprovedHold Until:f°r agenda:~NO ~z~. ' (.,) ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...\970230~ag req050499 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Victor Majtenyi"~ "//~/~'~ Assistant Construction Manager Date: May 7, 1999 Subject: AGENDA REQUEST for 05/18/99 Pine Grove Park; Change Order #2/Final Payment Project No. 97-030 Attached is an Agenda Request for City Commission to approve a net add Change Order #2 in the amount of $2,454.13, and a final payment in the amount of $18,745.28 to Republic Construction & Development Corporation for the completion of the Pine Grove Park Improvement project. The project consisted of building a picnic pavilion and adjacent parking lot with associated landscaping. Change Order #1 was a contract addition in the amount of $17,476 for the construction of the Public Works Materials Storage Bins, approved by City Commission February 2, 1999. The site plan and permit plan review process produced several design modifications. These were incorporated into the project. An unforeseen condition in supplying electric service was encountered during construction. The following is a brief description of each item: Architectural/Engineer Design Revisions P1). Additional landscaping was installed around the perimeter of the parking lot, pavilion, and entrance area, as required by planning. $3,230.13 P2). Installation of a City purchased three-loop surface mounted bicycle rack, as required by planning. $125.00 P4). The contract included an irrigation allowance of $5,000.00 for connecting into the existing system and modifying as required. This is a credit on the balance from the allowance. ($3,278.00) S1). Additional concrete work required at the storage bins and dumpster pad to tie-in front aprons to the edge of pavement. $375.00 Unforeseen Condition P3). In order to provide three-phase power to the newly installed sports lighting, FPL had to set their new pole and hand-hole 126 If west of the electric service panel. This cost is for new underground conduit and wiring from the pole to the new service panel. $2,002.00 Net Add Change Order $2,454.13 Pinc Grovc Park Improvements Change Order #2/Final, Agenda Request Memo 1 of 2 The project is complete and all warranty documentation received. Staff recommends the City Commission approve Change Order #21Final in the amount of $2,454.13 and final payment in the amount of $18,745.28 to Republic Construction & Development Corp. for the completion of the Pine Grove Park Improvement project. Funding is available from account 117-4176-572-63.40 ($2,079.13), Recreational Impact Fee Fund/Pine Grove Park, and from account 334-3351-591-63.22 ($375.00), General Construction Fund/Garage Addition. cc: Joe Weldon; Director of Parks & Recreation Richard Hasko; Director of ESD Howard Wight, Deputy Director of Construction, ESD File 97-030 (A) s\...\97030\agmem050499 Pine Grove Park Improvements Change Order #2/Final, Agenda Request Memo 2 of 2 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 (Final) PROJECT NO. 97-30 DATE: PROJECT TITLE: Pine Grove Park TO CONTRACTOR: Republic Construction and Development Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES 1N THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Provide all labor, material, and equipment necessary for the construction of various revisions to the plans and specifications to the Pine Grove Park Improvement Project as outlined below: Miscellaneous changes to contract as outlined in "Exhibit A" attached. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $169,199.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 17,476.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $186,675.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 2,454.13 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $189,129.13 PER CENT INCREASE THIS CHANGE ORDER 1.4% TOTAL PER CENT INCREASE TO DATE 11.7% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Republic Construction and Development Corporation (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER 334-3351-591-63.22, ($375.00); Garage Addition Project# 93001 Environmental Services Department 117-4176-572-63.40, ($2,079.13); Pine Grove ParkProj eot# 97030 DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk EXHIBIT a Pine Grove Park Improvements Change Order #2 owner Unforeseen A/E Design Requested Days Item # Description Conditions Revisions Revisions Rqstd P1 Additional landscaping per revised plans; $ 3,230.13 0 revisions per plan review and SPR^B review. P2 Install City supplied bike rack. $ 125.00 0 P3 Installation of 126 If of electrical Service from $ 2,002.00 0 FPL pole to sports lighting panel. P4 Balance from irrigation allowance. $ (3,278.00 0 81 Additional concrete at storage bins and $ 375.00 0 dumpster pad aprons. Totals $ 2,002.00 $ 452.13 $ Total of Changes $ 2,454.'13 Total Calendar Days 0 P- Pine Grove project items S- Storage Bins project items [lTV OF DELRI:IV BEI:I[H CITY ATTORNEY'S OFFICE ~oo ~,,,, ,~, ^v,~,,,~,,~. ~,,~,~,,^,. ,,,,^~.. ,~,.o,,,~^ ~,~, TELEPHONE 561/243-7.Q90 · FACSIMILE 561/278-4755 writer's D~rect Line: 561/2q3-7091 DELRAY BEACH Ali.America City MEMORANDUM ,~ll~llll! DATE: May10,1999 TO: City Commission ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: N.W. Area Street Improvements - Acceptance of Easement Deed from Edward Peacock, Jr. and Ruth D. Peacock The City's Engineering Department is planning to upgrade the water main and drainage facilities along the south side of 655 N.W. 4th Street. Mr. and Mrs. Peacock have executed the attached Easement Deed for the ten-foot utility easement needed to perform such construction. At this time, if the City Commission desires, it should accept the 10-foot easement from Mr. and Mrs. Peacock. If you have any questions, please call. RBS:smk Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Randal L. Krejcarek, City Engineer Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 PID #: 12-43-46-08-21-000-0580 EASEMENT DEED THIS INDF, NTIdRE, made this day of , 1999, by and between EDWARD PEACOCK, JR. AND RUTH D. PEACOCK, with a mailing address of 655 N.W. 4th Street, Delray Beach, FL 33444, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Pahn Beach County, State of Florida, party of the secon.d part: WITNESSETH: That the party of the first part, for and in consideration of the sum of 'Fen ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of.' installation and maintenance of utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Pahn Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day/~nd yeai[ first above writ~n. .Lei, t, /' g-~-'-'~-~ PARTY OF THE FIRST PART [~rint Name'.s Edward i%a~co~ck, Jr. ~I~t'T ' ~th D. Peacock COUNTY OF PALM BEACH  The [oregoing instrument was acknowledged before me this /~day of 'z,~ , 1999 by Edward Peacock, Jr.. He is personally known to me or has produced of Florida STATE OF FLOI~DA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this /~ day of ¥/,~, , 1999 by Ruth D. Peacock. She is personally ~own to me or has produced as identification: -- "2tr~sv sa ~UN I ~ig~amre ~otary ~blfc- State {Nm~Y'~UBt.:~ STATE Or ~?~,IDAI / - of Fl~ida EXHIBIT "A" South 10 feet of West 50 feet of East 310.86 feet of South 160 feet of West ½ of South ½ of Sub 8-46-43 SUNSHINE DRIVE ENFIELD ROAD LAKE IDA ROAD 10FT U¥1LTY EA;.~E VIE qT--x~.., N W. 4TH ST. · ' I ~ PEACOCK PROPERTY CITY OF DELRAY BEACH, FL - 655 N.W. 4TH STREET - PLANNING; & ZONING DEPARTMENT -- DIGIFAL ~SE A4AP $~rEM -- MAP REF: LM345 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ CITY MANAGER SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF MAY 18t 1999 REVIEW OFAPPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: MAY 14, 1999 Attached is the Report of Appealable Land Use Items for the period May 3rd through May 14, 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. S/CityClerk/Appealables. 5.18.99 TO: DAVIDT. HARDEN, CITY MANAGER ~i~ ~~ THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNING AND ZONING/ SUBJECT: MEETING OF MAY 18, 1999 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS MAY 3, 1999 THRU MAY 14, 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 May 3, 1999 through May 14, 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. A. Approved (5 to 0, Sittler and Smith absent), a request for a color change for two existing apartment buildings, Khatchikian Property, located at 2605 North Federal Highway (east side of North Federal Highway, 800 feet south of Gulf Stream Boulevard. City Commission Documentation Appealable Items Meeting of May 18, 1999 Page 2 B. Approved (5 to 0), a request for a color change for an existing commercial building, Allison Building, located on the east side of SE 1st Avenue, south of SE 1st Street (145 SE 1st Avenue). C. Tabled (5 to 0), the architectural elevation plan associated with the addition of an awning for Jobs and Benefits within Delray Square Phase II, located on the east side of Military Trail, 650 feet north of Atlantic Avenue. The Board tabled the item to allow the applicant to provide a master plan of the elevations for the entire site. D. Approved (5 to 0), the architectural elevation plan associated with fa(;ade changes for Arthur James Galleries, located east of NE 6th Avenue (northbound Federal Highway), on the north side of East Atlantic Avenue (615 East Atlantic Avenue). E. Tabled (5 to 0), a Class II site plan modification, landscape plan and architectural elevation plan associated with the conversion of a vehicle repair facility (Goodyear Tire) to an office building for Plastec Offices, located at the southwest corner of SE 4th Avenue and SE Ist Street. The Board tabled the item to allow the applicant to provide the architectural elevations for all sides of the building. F. Approved (5 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the development of Orchard View Park, located on the south side of Old Germantown Road, approximately 200 feet south of Linton Boulevard. 1. Approved (6 to 0, Turner absent), a request for a Certificate of Appropriateness to allow a two-story addition to the rear of a contributing single family residence located at 123 NE ,~st Avenue. 2. Approved (5 to 1, Keller dissenting), a request for Certificate of Appropriateness, a Class V site plan, landscape plan and architectural elevation plan associated with the construction of an off-site parking lot for the 250 Professional Building which is located at the southwest corner of Dixie Boulevard and NE 3rd Avenue (the off-site parking lot is located on the south side of the office complex and fronts on Royal Court). Concurrently, the Board granted a waiver reducing the northern perimeter landscape strip from 5' to 3.5'. 3. Approved (6 to 0), a request for a Certificate of Appropriateness to allow exterior fa(;ade changes for a single family residence located at 34 North Swinton Avenue, City Commission Documentation Appealable Items Meeting of May 18, 1999 Page 3 4. Approved (6 to 0), a request for a Certificate of Appropriateness to replace 4 original double hung wood windows with aluminum windows for a single family residence located at 242 N. Swinton Avenue. No Regular Meeting was held during this period. By motion, receive and file this report. Attachment: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- MAY 18, 1999 ~---- I_ ...... J L. LOWSON BOULEVARD LINTON BOULEVARD A. KATCHIKIAN PROPERTY I. 123 N.E. 1ST AVENUE B. ALLISON BUILDING 2. 250 PROFESSIONAL BUILDING C. JOBS & BENEFITS (DELRA Y SQUARE) 3. 34 N. SWINTON AVENUE D. ARTHUR JAMES GALLERY 4. 242 N. SWlNTON AVENUE E. PLASTEC OFFICES GRAP,~C SCA~ F. ORCHARD VIEW PARK CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 1999 - - DIGITAL BASE MAP SYSTEM - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITF/~ #~m_ _ REGULAR MEETING OF MAY 18~ 1999 AWARD OF BIDS AND CONTRACTS DATE: MAY 14, 1999 This is before the City Commission to approve the award of the following bids and contracts: 1. Contract award in the total amount of $3,548,463 to Sensus Technologies, Inc., sole source provider, representing the cost of the replacement meters, automated reading equipment, installation and other upgrades for the small water meter replacement program. The contract will be funded from a bank loan that is currently out to bid for a not to exceed amount of $3,600,000. 2. Bid award in the estimated amount of $41,415.00 to Southeastern Pumps for the annual contract to purchase submersible wastewater pumps, with funding from 442-5178- 536-61.76 (WiS Renewal & Replacement/Equipment Replacement) through transfer from 442-5178-536-99.01 (Project Reserve). Recommend approval of the contract and bid awards listed above. S/CityClerk/Bids.5.18.99 To: David T. Harden, City Manager From: Joseph ~~~ance Director { / Date: May 11, 1999 Subject: Award of Contract for Small Meter Replacement Project We are asking the City Commission to award a contract to Sensus Technologies, Inc. in the total amount of $3,548,463 representing the cost of the replacement meters, automated reading equipment, installation and other upgrades for the small meter replacement project. The City Attorney has reviewed this contract and the contracts have been revised accordingly. The contract amount includes $2,498,463 for the net cost of the meters and $1,050,000 as the estimated maximum installation cost for a total cost of $3,548,463 (see Exhibit "A"). The installation cost will be based upon the following: · Fixed price of $38.00 per meter for %" and 1" meters (normal installation) · Fixed price of $125.00 per meter for 1 and ~/5" meters (normal installation) · Fixed price of $135.00 per meter for 2" meters (normal installation) · Additional Services (per schedule attached) The City of Delray Beach will have a representative on site and this person will determine the fixed cost of each installation and whether additional services are required. In this manner, we control the determination of costs not the contractor. The installation contractor is to be paid monthly based upon actual installed meters and any additional services approved by the City. This contract is to be funded from a bank loan that is currently out to bid on the street for a not to exceed amount of $3,600,000. In addition, if needed, we have funding in a renewal and replacement reserve of $400,000 for a total funding capacity of $3,800,000 for the project and $200,000 to be used to pay the October 1~t debt service payment. The City Commission awarded the contract to Sensus Technologies as the provider of small meters and touchread equipment via the City of Cape Coral bid #PWO42596-48 (Bid Specification Item II.A. 1) on January 20, 1998 for a term to expire June 26, 1999. The installation contractor to be utilized by Sensus is Bronco Excavating, Inc. who is a specialty contractor that does this type work nationwide. The contractor is responsible for securing neighborhood maps and planning the installation process in an orderly manner starting in the east and working his way west with minimal disruption to the neighborhood. The installation process involves the use of a small vacuum truck to clear out the meter pit, a plasma-cutting trailer that is responsible for boring a hole in the meter lid (either plastic or metal), and the meter changeout crews that use utility carts (oversized golf cart-type vehicles) to transport meters to the site. These crews are responsible for the installation and landscaping in a manner that leaves the site equal to or better than the original site. Because of the specialty work done by this contractor, he will bring in 4-8 experienced personnel and hire the remaining crews locally. The contractor will use our Utilities site on Lake Ida Road for his staging area where we can store several thousand brass meters in a locked building and where we have the equipment to unload pallets of extremely heavy meter inventory. Please have the attached contract submitted to the City Commission for their May 18th meeting. We will be available for any questions the Commission may have. Cc: Susan Ruby, City Attorney Barbara Schooler, Utilities Customer Service Manager Encl: Sensus Contract with Exhibit A (Including Installation Contractor Rate Sheet) CITY OF CAPE CORAL June 27, 1997 Ms. Jacklyn Rooney Purchasing Supervisor City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 SUBJECT: Authorization to Piggyback / Sensus Technologies, Inc. Dear Ms. Rooney, Reference your request of today and the Contractor's authorization letter dated June 19, 1997, please be advised that the City of Cape Coral fully supports cooperative purchasing agreements and contract piggybacks and has no objections to extend the Contract Bid# PW042596-48 to the City of Delray Beach. The City does, however, request that any governmental agency desiring to accept bids issued and received by the City of Cape Coral make an independent award in accordance with its operating procedures. Each agency shall be responsible for its own purchases and the City of Cape Coral assumes no liability by virtue of extending this bid to other agencies. Enclosed please find the tabulation sheet along with the contractual documents. For your information, this contract is valid until June 26, 1999 and may be renewed for two (2) additional one (1) year periods. Should you require any additional information, please do not hesitate to contact my buyer, Claire Cedar, (941) 574-0838. Sincerely, JEANNE M. LANDRY Procurement Division Manager PROCUREMENT DIVISION P.O. BOX 150027 CAPE CORAL, FL. 33915-0027 TELEPHONE: (941} 574.O831 FACSIMILE: (941) 574-0837 CITY OF CAPE CORAL " OFFICIAL TABULATION SHEET FOR THE PURCHASE AND DELIVERY OF WATER METERS BIO #PW042596-48 DESCRIPTION SEMSCO SENSUS TECHNOLOGIES 1. STANOARD POSITIVE DISPLACEMENT TYPE 518' X 314' $ 7.950.00 $ 9,462.00 2. STANDARO POSITIVE DISPLACEMENT TYPE 1' s 1,853.75 $ 1,664.75 3. STANOARD POSITIVE DISPLACEMENT TYPE 1 1r2' s 2.123.40 $ 2.3t9.48 4. STANDARO POSITIVE DISPLACEMENT TYPE 2' $ 13.027.50 S 14,439.50 5. REMOTE ENCODER POSITIVE DISPLACEMENT TYPE 518' X 3,q' S216.000.00 S246.690.O0 6. REMOTE ENCODER POSITIVE DISPLACEMENT TYPE 1' $ 12.145.00 S 7. REMOTE ENCODER POSITIVE DISPLACEMENT TYPE 1 1f2' $ 2.719.20 $ 2.937.48 8. REMOTE ENCOOER POSITIVE OISPLACEMENT TYPE 2' $ 4.602.00 $ 5,104.35 9. STANDARD TURBINE TYPE 2' S 930.00 $ 819.88 10. STANDARD TURBINE TYPE 3' S 719.00 $ 535.60 It. STANDARD TURBINE TYPE 4' $ 2.372.00 $ 2.249.52 12. STANDARD TURBINE TYPE 6' $ 2.158.00 $ 2,165.06 13. STANDARD TURBINE TYPE 8' s 2,289.00 $ 3.490.67 14. STANDARD TURBINE TYPE 10' $ 5.1:34.00 S 4.708.14 15. REMOTE ENCODER TURBINE DISPLACEMENT TYPE 2' $ 1.860.00 $ 1.961.12 16. REMOTE ENCODER TURBINE DISPLACEMENT TYPE :3" $ 1.438.O0 $ 1.231.88 17. REMOTE ENCODER TURBINE DISPLACEMENT TYPE 4' $ ,3.558.00 s ,3.615.30 18. REMOTE ENCOOER TURBINE DISPLACEMENT TYPE 6' s 2.158.00 $ 2.226.86 19. REMOTE ENCDDER TURBINE DISPLACEMENT TYPE 8' $ 2.289.00 $ 3.552.42 20. REMOTE ENCODER TURBINE DISPLACEMENT TYPE 10' $ 5.134.00 S 4.796.33 21. [IRELINE SERVICE ASSEMBLIES 4' $ 10.797.00 S 15.162.63 22. EIRELINE SERVICE ASSEMBLIES 6' $ 4.924.00 $ 5.782.42 23. FIRELINE SERVICE ASSEMBLIES 8' S 6.440.00 $ 8.221.46 24. FIRELINE SERVICE ASSEMBLIES I0' $ 9.465.00 S 11.548.44 25. REMOTE ENCOOER REGISTERS 314' X 518' SRII OR SR $ 10.530.00 $ 8.782.00 26. REMOTE ENCODER REGISTERS I' SRIi OR SR $ 2,B32.50 $ 2,195.50 27. REMOTE ENCOOER REGISTERS I 1/'2' SR $ 1,710.00 $ 1.097.75 28. REMOTE ENCODER REGISTERS 2' SR $ 3.420.00 $ 2. I95.50 29. REMOTE ENCODER REGISTERS 3' TURBO $ 157.90 $ 194.68 30. REMOTE ENCOOER REGISTERS 4' TURBO $ 473.70 $ 584.04 31. REMOTE ENCOOER REGISTERS B' TURBO S 78.95 $ 97.34 32. REMOTE ENCODER REGISTERS 8' TURBO $ 78.95 $ 97.34 33. REMOTE [NCODER REGISTERS 10' TURBO $ 78.95 $ 97.34 :34. WALL MOUNT REMOTE READ TOUCH PAD S 15.750.O0 s 7.650.00 35. REMOTE READ PiT LfO WITH SENSOR $ 83.000.00 $ 30.510.00 36. METER TRANSCEIVER UNITS $ 23.677.50 S 19.200.00 TOTALS $443.674.30 $438.098.83 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: Joseph M. Safford Finance Director FROM: Dan Beatty, P.E. Deputy Director of Public Utilities DATE: March Il, t999 SUBJECT: Residential/Commercial Small Water Meter Replacement Program As you are aware I have conducted an evaluation of the small water meter replacement program as it relates to meter manufacturer, meter size and type of reading technology. I evaluated three major meter manufacturers, Sensus, Matron and Badger. All three companies are used in the south Florida area and are currently under government contracts. My evaluation was based on meter accuracy, reliability, customer service and automated reading systems available. The City is currently under contract to purchase Sensus meters and uses Sensus computer programs for reading and billing purposes. The bulk of the small meters to be replaced are 1" therefore the 1" meter data was used for comparison purposes. By ordinance, the minimum allowable meter size is a %" meter_ Many manufacturers boast that their 5/8" meter will flow equivalent to a %" meter, however the 5/8" restriction creates a pressure drop and as an end result, pressure within the unit is reduced. The restriction of a 518" meter can also create backpressure within the distribution system, which may cause main breaks, and stress related problems. Although many municipalities use a 5/8" meter as their minimum meter size, it is not recommended for older systems, such as the one in De~ray Beach. The Sensus SRII 1" meter has an operating range from 3 to 50 gpm with a Iow flow registration of % gpm and a pressure loss of 7_3 psi at 50 gpm_ The Sensus meter is guaranteed to provide new meter accuracy for 5 years and rebuilt meter accuracy for an additional 10 years. Our experience with the Sensus meter has indicated performance within the manufacturer specifications. The local Sensus representative has been responsive and helpful in trouble shooting problems. Automated meter reading devices include both touch pad and radio read. We are currently using the touch read technology on our larger meters, 3" to 8". Our discussions with other municipalities indicate good success with the Sensus touch read and radio read systems. The guarantee for the touch pad is 10 years; 5 years for the radio read battery and 1 year on the radio read unit. The hand held programmer we are currently using is made by Sensus and can be easily augmented to allow for radio read as well as touch read. Id Nd9[:£0 666[ [[ 'BeN 090L£~219G : 'ON 3NOHd %3DI~H3S 3U±N3NOHI~N3 'A±D : NOH3 The Badger Recordall 1" meter has an operating range from 1-114 to 70 gpm with a Iow flow registration of % gpm and a pressure loss of 6 5 psi at 50 gpm. The Badger Recordall meter is guaranteed to provide new meter accuracy for 3 years and rebuilt meter ac, curacy for an additional 10 years. The City has many Badger Recordall meters in the system and they have performed within the manufacturer specifications. The local Badger representative has had no cause to provide service to the City since we are under contract to purchase meters from Sensus. Automated meter reading devices include both touch pad and radio read_ Our discussions with other municipalities indicate marginal success with the Badger touch read and radio read systems. The guarantee for the touch pad is 1 year, 10 years for the radio read battery and 5 years on the radio read unit_ The hand held programmer we are currently using is made by Sensus therefore new hand held programmers would be required as well as new billing software compatible with the Badger system_ The Matron meter company has not expressed a desire to provide meters smaller than 1-1/2". Matron meters are currently used for our large meters, 3" and up. The Matron meter uses single jet technology, which is different from the positive displacement technology used by both Sensus and Badger. The American Water Works Association has not developed a standard for single jet meters. While the Matron meter is very accurate and reliable, we have experienced problems with the pulse-based tou~h read mechanism Matron has been very responsive in affempting to rectify problems associated with the pulse read devise and has gone so far as to replace all of the first generation devises with new ones equipped with direct read technology_ The Matron meter comes with a 5-year flange to flange warranty. Based on my evaluation and discussions with other municipalities it is my opinion that the Sensus SRII meter will provide the most efficient use of the small meter replacement program. While the other meters are very good in there own respect, the Sensus meter will allow us to utilize our existing computer software with minimal upgrades. I also recommend that the touch read technology be implemented in all meters with the exception of meters located in the rear yards. Approximately 2500 meters are located in year yards and are time consuming to read and maintain. Radio read encoders should be installed on the year yard meters to streamline the meter reading process_ The Sensus hand held units we currently use can be easily modified for both touch read and radio read. If you have any questions please do not hesitate to call_ cc: Richard C. Hasko, P.E., Director of E.S.D Mike Offie, Manager of Water & Sewer Network Barbara Schooler, Utility Billing Customer Service Manager ~d Nd9[:£0 666[ [[ '~eN 090i£~9~ : 'ON ]NOHd S~DIAH]S -]~±N~WO~IAN~ 'AiD : NO~J SgNSUS ' ",' TECHNOLOGIES INC A member of the BTR Group 6621 Bay Circle Suite 160 Norcross, GA 30071 (770) 447-4750 FAX (770) 447-1391 May 12, 1999 Mr. Joe Safford City of Delray Beach 100 Northwest First Avenue Delray Beach, Florida 33444 SUBJECT: CONTRACT Dear Mr. Safford: Please find enclosed two copies of the Contract document. Upon approval, please sign and witness in the appropriate spaces and return both copies to me. I will have the appropriate signatures affixed and will retum one executed copy to you. Thank you for your assistance, and we look forward to working with you. Sincerely, SENSUS TECHNOLOGIES, INC. Fred L. Russell Regional Manager FLR/sm cc: David Nimtz Tom Lang S(3NSUS ' "" TECHNOLOGIES lng A member of the BTR Group 6621 Bay Circle Suite 160 Norcross, GA 30071 (770) 447-4750 FAX (770) 447-1391 May 7, 1999 Mr. Joe Safford City of Delray Beach 100 Northwest First Avenue Delray Beach, Florida 33444 Dear Mr. Safford: I am pleased to enclose the Contract for supplying meters and installation for your meter upgrade program. As we discussed, once completed, the City of Delray Beach will have the most advanced State of the Art metering and meter reading system available in today's market. Please be advised STI will commence work within thirty (30) days after receipt of a Notice to Proceed confirmation from The City. STI shall prosecute the work diligently with a goal of completion of one hundred twenty (120) working days to effect the replacement of the routine exchange of existing water meters in the City's utility system. In concert with the meter upgrade program, we also will be up-grading your present hand held meter reading equipment to our 4000 Series units. Included in the contract pdcing STI will rovide the following equipment: 3-3000 Series to 4000 Series HHD Upgrades 2-3000 Series to 4000 Series RF-HHD Upgrades 1-New 4000 Series RF-HHD 6-RF Pit Probe Devices It is our intention, provided you agree, to use the City of Delray Beach, as a showcase account for these products and services in the South Florida area, once the program is complete. We appreciate the opportunity to work with a progressive thinking account such as Delray Beach, and will do all diligence to assure your complete satisfaction with our system. Please do not hesitate to contact me should you have any questions, or need additional assistance. Sincerely, Regional Manager r~Hr 1~ '~ 15:55 FR SENSUS TECHNOLOGIES ??0 44? 1591 TO 1561R784755 P.OR SeNSUS - Master Agreement ~ ~ B~ween ~ ~ ~ City of Deiray Beach Sensus Technologies, Inc. For Water ~eters~nstallatiou This Master Agreement ("Agreement") made and entered into in duplicate on this 27th day of ...... April 1999 by and between CITY OF DELRA¥ BEACH_ FL ., located at 100 Northwest First Avenue_ Delrav Beach. FL. .3. 3444 (hereinafter called Dll.B ) and Sensus Technologies, Inc. (hereinafter called STI) with offices located at 450 N. Gallatin Avenue~ Uniontown. PA_15401 which Term shall include thc successors of STI, wherever the context so requires or admits. Whereas, _ DRB desires to reduce cost associated with accurately measuring, recording and reporting the types and quantities of products DRB provides its customers {hereinafter called "Metering Services") through its more than 18_000 water and sewerage service accounts; Whereas, ongoing technological changes in Metering Services offer opportunities for significant, immediate revenue e~d~ancement and for long term cost reductions; Whereas .... .DRB has determined that significant, immcdiatc revenue enhancement m~d long term cost reductions in Metering Services can best be pursued through an al}iance relationship with a leading provider of Metering Services; Whereas, STI is a leading provider of Metering Services; Whereas,_DRB has adopted Sensus metering equipment as a system standard for water metering installations; Whereas, STI is ready, willing and able to enter into an alliance relationship with DRB in order to pursm.· projects that will result in immediate revenue enhancement and long term reductions in DRB total metering services; Whereas, DRB and ST1 have reached an understanding regarding thc Metering Services to be performed and the compensation to be paid for such services, and desire to set forth their understanding in the form of a written agreement; now thereforc In consideration of the premises and mutual covenants herein contained, it is agreed as follows: 1. ENGAGEMENT OF SENSUS 05/18/99 TUE 15:20 ITX/RX NO 574.91 SCNSUS, 1. I. 1. ' D[.~B hereby engages STI and STI hereby accepts said engagement for the puq~ose of providing those products and services as described in Exhibit A - Sensus Metering Services Equipme~t and Materials. 1.1.2. There will be no obligation between STI and DRB for performance until DRB engages STI with a written notice to proceed. 2. SCOPE OF METEPdNG SERVICES 2.1. The Metering Se~wices provided to DRB by SlI may include, but may not be limited to the tbllowing: 2.1.1. Equipment and materials for metering, meter reading, and the recording and reporting of metering data; 2.1.2. professional or other services regarding the specification, selection, application, and installation of metering equipment. 2.1.3. Equipment testlng~ repair, rebuilding, and recycling; and 2.1.4. Field installation / changeout of equipment and materials for metering, meter reading, and the recording and reporting of metering data. STI shall prosecute the work diligently and will endeavor to complete the installation within one hundred twenty (120) working days, but shall complete the installation no later than one hundred eighty (180) working days from the date of the written notice to proceed to effect the replacement of' the routine exchange of existing water meters in The City's utility system. 2.2. The Metering Services provided to DRB shall include furnishing the equipment and materials provided in Exhibit A. 2.3. From time to time DRB and $II may jointly agree to perform specific tasks under this agreement as may be necessaBr to carry out the purpose of this agreement. These additions, changes, or alterations will be agreed upon by both parties and outlined in thc form o[a specific "task assigmnent". 3. COORDINATION AND SERVICES PROVIDED BY DRB 3.1, Foi' Metering Sereices received, DR,~ shall designate a representative to coordinate and administer this agreement. The DRB representative will be assigned to perform day to day administration and liaison functions, to make available to STI appropriate personnel, to the extent practical, and to furnish records and available data necessary to p;oviding Metering Services. 05/18/99 TUE 15:20 [TX/RX NO 5749] rlHl J.l:J '~ /b;,3B F~ SENSU5 IECHNULULfiIES ??0 44'? 1391 IU lbbl;2'?l:J4'?55 P.~J4 3.2. For th~ purpose of this Agreement, the is: 3.3. It shall be the responsibility of STI to coordinate all activities with thc DRB representative. 4. DURATION OF AGREEMI~NT 4.1. This Agreement shall commence on the day and year above and continue and remain in full force and effect as to all terms, conditions, and provisions for one hundred eighty (180) working days from the date of the written notice to proceed. In the event this Agreement is terminated, by either party, STI shall be paid for any unpaid billings for all work performed and materials dehvered up to the date of notice of termination. 5. MEETINGS AND PUBLIC HEAKINGS 5.1. STI ,,viii, upon request by the The City, attend all meetings and public hearings as required. 6. DELAYS 6.1. Neither party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such obligation is prevented or delayed by any cause beyond the reasonable control of the affected party, and the time for performance of either party hereunder shall in suda eve.~t be extended for a period equal to any time lost due to such prevention or delay. 7. PAYMENTS 7.1. DRB will reimburse STI for thc Metering Services rendered hcrcundcr in accordance with the/bllowing terms: 7.1.1. The amount DRB shall pay STI for aJl Metering Services provided under the terms oftlfis agreement sliall slot exceed the lawfully appropriated indebtedness as appropriated by the The City. 7.2. For any materials provided by STI, hereunder the The City shall: 7.2.1. Submit weekly notification to STI ofthe number and sizes of meters installed. 7.2.2. The The City will pay STI the invoiced amount for meters and installation within 30 days after receipt of invoice. 05/18/99 TtJE 15:20 [TX/RX NO 5749] SCNSUS,. 7.2.3. DRB. may reject any invoice within l0 days after receipt. DRB. will return the invoice to Sensus stating the reason for rejection. Upon receipt of an acceptable, revised invoice, D.P~ will, within 21 dayg, pay STI the revised amount. g. TAXES 8.1. DRB does not pay Excise taxes on direct purchases of tangible personal property (see Tax ID number 600811624154C). Taxes accumulated on purchases of tangible personal property made by STI during thc performance of this contract for improvement of City owned property as defined in Chapter 192 Florida statutes will be the responsibility of STI. 9. 1NS~CE REQUIREMENTS 9.1. Betbre starting and until acceptance of the Metering Services by the The City, and without limiting its liability under the Agreement, STI will procure and maintain, at its sole expense, insurance of the types and in the minimum amounts stated below; Schedule Workers' Comnensatio0 Florid~ Statutory coverage Statutory Limits (Workers' Compensation) & Employer's Liability (including $500,000 per accident (Employer's Liability) appropriate Federal acts) Commercial General Li.abilit¥ Premises-Operations $1,000,000 each occurrence Products-Completed Operations $2,000,000 annual aggregate Contractual Liability combined single limit for bodily injury Independent Contractors and property damage Automobile Liability Ail autos-owned, hired, or non-owned $1,000,000 each occurrence combined single ' limit 9.2. Such insurance shall be written by a company or companies licensed to do business in the state of Florida and satisf~actory to the The City. Prior to commencing any work under the Agreement, certificates evidencing the maintenance of said Insurance shall be furnished for the The City's approval. The Certificate o£1nsurance shall provide that no material alteration or cancellation, including expi.ration and non-renewal, shall be effective until 30 days after receipt of written notice by the The City. 9.3. STI shall specify the The City as an additional insured for all coverages except Workers' Compensation and Employer's Liability. Such insurance shall be primary to any and all other insurance or self-insurance maintained by the The City. STI shall include a Waiver of 4 05/18/99 TUE 15:20 [TX/RX NO 5749] ,,,,, .LO ..)--, ~...~...:,r t~K bb_l'l,:..Ug It.:_L, IHI,~ULUL~II'-$ '~'~ ,r.44r .L..~.L lu j.~bJ.~r~iq(b:::) b.ldb S( NSUS Subrogation on all required insurance in favor of the The City, its board members, officers, employees, agents, successors, and assigns. 9.4. STI's Con~nerci~l General Liability insur, mce policy shall be effective one year after Final Completion of the Metering Services. 9.5. Any subcontractor who will work at the The City job sites will procure and maintain the Insurance required of STI hereunder during the life of the subcontract. Subcontractor's insurance may be either by separate coverage or by endorsement under insurance provided by STI. STI will submit Subcontractor's Ceaificate of Insurance to the The City prior to allowing Subcontractor to perform Mete'ring Services on the job site. 9.6. All indemnification agreements in the Agreement are separate and are not limited by the insurance amounts stated above. 10. INDEMNIFICATION 10.1. STI shall hold harmless, indemnify, and defend the The City against any claim, action, loss, damage, injury, liability, cost and expense of whatsoever kind or nature (including but not by way of limitation, attorney's fees and court costs) arising out of or injury (whether mental or corporeal) to persons, including death, or damage to property, arising out of or incidental to the negligent acts or omissions of STI in the performance of this Agreement or work performed thereunder. In the event of joint negligence on the pal~ of the The City and ST1, any loss shall be apportioned in accordance with the provisions of the Uniform Contribution Among Tortfeasors Act (s. 768.31, F.S.), as that Act exists on the effective date of this Agreement. For purposes of this Indemnification, the term "the The City" shall include its governing board, officers, employees, agents and assigns. 'l'hJs indemnification shall survive the term of this Agreement for incidents that occurred during the term of the Agreement. 11. PATENTS & COPYRIGHTS 11.1. STI shall hold harmless, indemnify, m~d defend the The City from and against liability or loss, including but not limited to any claims, judgments, court costs and attorneys' fees incurred in any claims, or any pretrial, trial or appellate proceedings on account of infringements of patents, copyrighted or uncopyrighted works, secret processes, trade secrets, patented or unpatented inventions, articles of appliances, or allegations thereof, pertaining to the Metering Services, or any part thereof, combinations thereof, processes therein or the use of any tools or implements used by STI. 11.2. STI will, at its own expense, procure for the The City the right to continue use of the Metering Services, paris or combinations thereof, or processes used therein resulting from a suit or judgment on account of patent or copyright infringement. 11.3. If, in any such suit or proceeding, a temporary restraining order or preliminary injunction is granted, STI will make every reasonable effort, by giving a satisfactory bond or otherwise, to secure the suspension of such restraining order or temporary injunction. 05/18/99 TUE 15:20 [TX/RI NO 5749] ,iH, ~.t::l ~ ..1.~,;.;:,~' HN bbr4bUb iI'"LHNULUt~J.E$ 770 44'," .L._'.i':JI IU SCNSUS 1 1.4. If, in any such suit or proceeding, any part of the Metering Services is held to constitute an infringement and its use is permanently enjoined, ST] will, at once, make every reasonable effort to secure for the The City a license, authorizing the continued use of the Metering Services. ]fSTI fails to secure such license for tile The City, STI will replace the Metering Services with nondnfl-lnging Metering Services, or modi~ the Metering Services in a way satisfactory to the The City, so that the Metering Services is non-infringing. 12. WARRANTY 12.1. In the performance of the Metering Services under this Agreement, STI and its employees shall exercise thc degree of skill and care rcquircd by customarily accepted good practices and procedures. 12.2. Ali professional or other services performed under this Agreement are warranted for a period of one year following final acceptance of the Metering Services. If any failure to meet the foregoing warranty appears within one year after the services are accepted by the The City, STI shall again perform tile Metering Services directly affected by such failure at STI's sole expense. Upon the expiration of said one year, all such obligations to re-perform the services shall cease unless otherwise stated in writing. STI shall be entitled to rely on the accuracy and currency of information supplied by or at the direction of tile The City, or available fxom generally acceptable reputable sources. 12.3. The materials and workmanship of ail equipment and materials furnished by STI are unconditionally guaranteed for a period of one year from date of acceptance of the items delivered unless otherwise specified herein. If, within the guarantee period, any defects or signs of deterioration are noted, which, in the opinion of The City are due to faulty design, workmanship, or materials, STI, at STrs expense, shall repair or adjust the equipment or parts to correct the condition, or STI shall replace tile pa,t or entire unit to the complete satisfaction of The City. These repairs, replacements or adjustments shall be made only at such times as will be designated by The City. The City may, when operational conditions warrant, repair or replace any defective equipment at STI's expense. 12.4 Further warranties are included, as set forth in Exhibit "B". 12.5. Ali warranties shall survive the expiration of thc agreement. 13. NON'WAIVER 13.1. Failure by either party to insist upon strict performance of any of the provisions of the Contract will not release either party from any of its obligations under the Contract. 14. OWNERSHIP OF DOCUMENTS AND EQUnaMENT 14. I. STI agrees that upon completion of the Metering Services, aU drawings, designs, specifications~ renderings, notebooks, tracings, photographs, reference books, equipment, expendable equipment and materials, negatives, reports, findings, recommendations, data and memoranda of 05/18/99 TUE 15:20 [TX/RX NO 57491 S NSUS, every description, arising out of or relating to thc Metering Services rendered by STI under this Agreement exclusively prepared for the The City, are to become the property of the The City. The use of these materials in any manner by the The City shall not support any claim by STI for additional compensation. STl shall have no liability to the The City for damages, claims and losses, including def'ense costs, asising out of any use of the aforementioned documents for any purpose other than as set forth in this Agreement without the written authorization of STI. 15. PUBLIC RECORDS AND SUNSHINE LAW 15.1. This Agreement and any related documents are considered public records under the "Public Records t,aw", Chapter 1 I9, Florida Statues, unless specifically exempted by law. Any meetings involving two or more members of the The City at which official acts are to be taken are considered public meetings under the Florida "Government in the Sunshine Law", as contained in Chapter 286,. Florida Statutes. 16. HEADINGS 16.1. Headings appearing hcrcin arc inserted for convenience or reference only and shall in no way be construed to be interpretations of text. 17. ORDER OF PRECEDENCE 17.1. In the event of any conflict between the provisions of this Agreement, and those of the documents incorporated herein by reference, said provisions shall be given effect in the following order: (1) Purchase Orders, (2) Task Assigmnents, and (3) this Agreement, 1 g. NEGOTIATED AGREEMENT 18.1. Except as otherwise expressly provided, all provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties, their legal representatives, successors and assigns. The parties agree that they have had meaningfial discussion and negotiation of the provisions, terms, and conditions contained in this Agreement. Therefore, doubtful or ambiguous provisions, if any, contained in the Agreement shall not be construed against the party who physically prepared tiffs Agreement. The rule commonly referred to as Forltus Contra Proferenlura shall not be applied to this agreement or any interpretation thereof. 19. ENTIRE AGREEMENT 19.1. This Agreement, together with any Purchase Orders and executed Task Authorizations, constitule the entire agreement between the parties hereto for the Metering Services to be performed i and furnished by STI hereunder. No statement, representation, writing, understanding, or agreement made by either party, or any representative of either party, which are not expressed herein shall be binding. All changes to, additions to, modifications o~ or amendment to this Agreement, or any of the terms, provisions and conditions hereof, shall be binding only when in writing and signed by the atflhorized officer, agent or representaliee of each of the parties hereto. 7 05/18/99 TUE 15:20 [TX/RX NO 5749l ,~*~ i~ .~.~ iJ,,J~ PK b~-IqbUb IELHI'~ULUL~IE$ ?'70 44r iJ'~t lU ib~lZ~4Ybb k',~ 20. ~SIG~NT 20. l STI s~ not ~slgn the Contract as a whole or in palX without th, written consent of The City, nor shall STI assign any monies due or to become due to them hereunder without the previous written consent of Th~ City. Assigning the Contract shall not relieve STI or their surety bom any contract obligations. 21. ~PLICABLE STATE LAW; ~~; SE~~ITY 21.1 The ri~ts, obfigations and remedies of the P~ies as specifi~ under the Contract will be interpreted and governed in all respects by the laws of the State of Florida. Should any pro,sion of the Contract be deter~ned by the couRs to be illegal or in conflict with any law of the State of Florida, the validity of the remaining provisions will not be impaired. Litigation involving this Agreement or any provision thereof shall take place in the State or Federal Coups located in Deiray Beac~ Pahn Beach County, Florida. 22. TERM'~ATION FOR DEFA~T 22.1 D~ault. If S'F! re~ses or f~ls to p~o~ ~y of the pro~sions of this contract with such diligence ~ ~!1 ensure its completion with the time specified in this contra~t, or any e~ension thereoq othe~ise fails to timely satis~ the contract provisions, or co,nits any other substantial breach of this contract, The City may notify STI in writing of the delay or non-peffomancg, and if not cured in ten days or ~y longer time specffied in writing by The City, such officer may ter~nate STI's fight to pro,ed with the contract or such pa~ of the contract as to which there has been delay or a failur~ to properly perform. Should STI commit the same or si~lar substantial breaches of the contract on multiple ocmsions, the first co~ectio~ if any, by STI of such breaches may be considered to be only a tempora~ correction, and not a cure. In such event the contract may be terminated. hi the event oftemnation ~ whole or in paa, The City may procure si~lar goods or se~ices in a manner and upon terms deemed appropriate by The City. STI shall continue performance of the contract to the extent it is not te~inated and shall be liable for excess costs incurred in procuring similar goods or semi,es, 22.2 Compen~m~o~ Payment tbr completed goods delivered ~d accepted by The City sh~l be at the contr~ price. Pay~nent for the protection and presemation of propeRy shall be in an amount a~d upon by Sll m~d The City. The City may withhold from amounts due STI such sums as The City deems to be necessa~ to protect The City against loss because of outstanding liens or claims of foyer lien holders and to reimburse The City for the excess costs incu~ed in procuring similar goods and semites. 23. IE~NATION FOR CO~~NCE. 23.1 ~rmination for convenience, Whe~ the interest of The City so require, The City may re'nme this contract in whole or in pa~, for the convenience of The City. The City shall give 05/18/99 Tile 15:20 [TX/RX ND 57491 SCNSUS . written notice of the termination to STI specifying the part of the contract terminated and when termination becomes effective. 23.2 STI's obligations. STI shall incur no further obligations in connection with the terminated work and on the dates set in the notice of termination STI will stop work to the extent specified. ST[ shall also terminate outstanding orders and subcontracts as they relate to the terminated work. STI shaU settle the liabilities and claims arising out of'the termination of subcontracts and orders corm¢cted wilh the terminated work subject to The City's approval. The City may direct S'Fi to assign STI's right, title, and interest under terminated orders or subcontracts to The City. STI must still complete the work not terminated by the notice of termination and may incur obligations a:s are necessary to do so. 23.3 l~,hl3gl_gflRi~ The City may require STI to transfer title and deliver to The City in the manner and to the extent directed by The City: ,~ny completed goods; and the partially completed goods and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract fights, hereinafter called "manufacturing material," as The City has specifically produced or specially acquired for the pe,-formance of the terminated part of this contract. 23.4 ST1 shall, upon direction of The City, protect and preserve property in the possession of STI in which Thc City has an interest, ffThe City does not exercise this right, STI shall use STrs best efforts to sell such goods and manufacturing materials. Use of this section in no way implies that The City has breached the contract by exercise of the terminatio,~ for convenience clause. COMPEN SAT10N: :23.5 STI shall submit a termination claim specifying the amounts due because of the termination for convenience. The City shall pay only the cost for meters and installation up to the date of termination of the contract. 05/18/99 TUE 15:20 [TX/RX NO 5749] rlH~ 18 '~9 1b:39 FI{ SEf,ISUS 1ECHNULU6IES 770 44'? 1J91 lU 15612784755 P.11 SeNSUS ., IN WITNESS WHEI~OF, the patties hereto have duly executed tiffs Agreement, in duplicate, the date and year first above written. ATTEST: CITY OF By Signature Signature Print or Type Name Print or Type Name Title Title ATTEST: SENSUS TECHNOLOGIES, INC. By. Signature Signature Print or Type Natne Print or Type Name Title Title I hereby certify that the expenditure contemplated by the foregoing Agreement has been duly authorized, and provision has been made for the payment of the monies provided therein to be paid. Form Approved; Assistant General Counsel 10 05/18/99 TUE 15:20 [TX/RX NO 57491 SCNSUS,. EXHIBIT "A" CITY OF DELRAY BEACH, FLORIDA REPLACEMENT METERS QUANTITY UNIT PRICE TOTAL COST 314" SRII Shod Laying Length 6797 $91.70 $623,285 Bronze Lid and Bottom TR/PL or ECR/WP 1,000 SG 1" SRII Bronze Lid and Bottom 6483 $110.50 $716,372 TRJPL or ECRJVVP 1,000 SG 1" SRil RadioRead 2500 $238.75 $596,875 I 112" SR TPJPL- 1,000 SG 1696 $237.20 $402,591 2" SR TRJPL - 1,000 SG .776. $332.90 $258.330 18,252 $2,597,153 Less: 970 Sensus (970) $ 91.70 (88,949) Conversion (Labor & Material)(970) 55.00 53,350 ScraP 17,282 3.94 ~) $2,493,463 OTHER COSTS: RadioRead Software 1,000 RadioRead handheld - Rack-RF Probe 4,000 TOTAL PROJECTED COST - METERS $2,498,463 INSTALLATION SIMPLE METER CHANGEOUT: 518" X 3/4" Metsrs 15,000+ $38.00 314" x 1" Meters 1 112" Meters 1,500+ 125.00 2" Meters 1,500 135.00 05/18/99 TUE 15:20 [TX/RX NO 5749] ,'IHI /1:::1 ~.~ i~;4~J NH $t-N~Ub 1ELHNULUL~IES ??0 44'( 15~1 IU 1bb1-~'~4'755 t~.1~ se stJs , EXHIBIT "A" - CONTINUED City of Delray Beach, Florida Page Two ADDITIONAL SERVICES: Replace Meter Box 5/8",3/4", 1" $20.00/Ea. Replace Meier Box I 112"-2" $60.00 Ea. Remove box for installation 5/8", 3/4", 1" $18.00 Ea. (Individual Box) Remove box for installation 1 1/2" - 2" $50.00 Ea. (Individual Box) Install Resetter or Curb Stop 5/8", 3/4", 1" $30.00 Ea, Install Resetter or Curb Stop I 1/2" - 2" $60.00 Ea. Concrete or Asphalt Removal Price on Application Estimated Install Cost: $850,000- $1,050,000 Please see attached quotation from U.S. Bronco Services, Inc. If modification in meter materials or processing are required to meet new regulations, pricing submitted is subject to immediate change. 05/18/99 TIJE 15:20 [TX/RX NO 5749] M~¥ 18 '9~ 15:40 FR SENSUS TECHNOLOGIES 990 449 1391 TO 15612?84?55 P.14 SCNSUS, _ , EXHIBIT "B" CITY OF DELRAY BEACH, FLORIDA I. SR II 518", 314" & 1" Meters...will be guaranteed to perform to AWWA New Meter Accuracy Standards for a period of five (5) years from date of Sensus shipment or the registration shown below, whichever occurs first. Sensus further guarantees that the SR II meter will perform to at least AVVWA Repair Meter Accuracy Standards for an additional ten (10) years from date of Sensus shipment, or the registration shown below, whichever occurs first: New Meter Repair Meter Accuracy Accuracy 518" SR It Meter 500,000 gallons 1,500,000 gallons 3~4" SR Il Meter 750,000 gallons 2,250,000 gallons 1" SR II Meter 1,000,000 gallons 3,000,000 gallons 2. SR I Y," & 2" Meters...will be guaranteed to perform to AWWA New Meter Accuracy Standards for a period of one (1) year from date of Sensus shipment. Sensus further guarantees the I ~" and 2" meter will perform to at least AWWA Repair Meter Accuracy Standards for an additional nine (9) years from date of Sensus shipment or the following registration, whichever occurs first: Repair Meter Accuracy 1 ½" SR Meter 5,000,000 gallons 2" SR Meter 8,000,000 gallons 3. Bronze Main case...of the SR and SR II meters will be free from defects in material and workmanship for a period of twenty-five (25) years from date of Sensus shipment. 4. Sensus Registers...will be guaranteed to be free from defects in material and workmanship from the date of Sensus'shipment for the periods stated below or until above repair meter accUracy registrations are surpassed, whichever occurs first: 5/8" thru 2" SR, SR II Standard register 25 years 518" thru 2" SR, SR II Generator register 10 years 518" thru 2" SR, SR II Encoder register 10 years I ~" thru 2" SR Generator registers I year All HSPU, IMP Contactor, R.E.R. Elec. ROFI I year Standard, Generator and Encoder registers for: "W" Turbo, SRH Compounds and Propeller Meters 1 year 05/18/99 TUE 15:20 [TX/RX NO 5749] MAY 18 'gg 15:41 FR SENSUS TECHNOLOGIES ??0 44? l~]gl TO 1581;~784755 P.i$ se sus , EXHIBIT ,'B" CONTINUED CITY OF DELRAY BEACH; FLORIDA 5. Interface Devices..,will be guaranteed to be free from defects in material and workmanship from date of Sensus' shipment for the following periods: Slimline IRemote Counter 1 year Electronic TouchPad 10 years PhonRead MIU 1 year RadioRead MXU 1 year IRadioRead MXU Batteries 5 years Act-Pak units 1 year TouchRead and AMIR Reading Equipment 1 year 05/18/99 TUE 15:20 [TX/RX NO 5749] U.S. Bronco Se ices, ~ F~D ~SS~L ~SUS NOR~OSS, GEORGIA A~: F~ RUSS~.LL ~: C~ OF DE~Y B~ B~A~A, SCH~LE~ l~ N,W. In AVENUE DE~ S~ WO~ 1S DES~ED ~ A S~LE ~R CR~ O~. A D D rrlOl,~A.L SERVICES: REPLACE MET~ BOX 518", 'A", I.' REPLACE METER BOX l~" - 2" P, E2vlOVE ~OX FOR INSTALLATION 5/8", 'A", ]" $1g.00/EA 0'NDIVIDUA.L BOX) P..EMOV~E BOX [~OR. I~$TALLA'I'ION I Y£' - 2" $50,00/~A (~NDIVIDUAL BOX) INSTALL RESET'IF_R. OR CUP~ STOP 518", 'A". 1" $]0.00/EA INSTALL RESETTER or( CURB STOP IW' -2" $60.00/~A CONCRETE OR, ASPI-I.M.,T REMOVAL PRICE ON APPLICATION THIS QUOTATION I$ FOR. LABOR. AND TOOLS ONLY TO FACII2[TATE ~ CHANGING OF THI~ ABOVE QUO1T~ METEI~. ALL MA1T. la, IAL8 ARE BY OTt4ERS. THIS D~:n NOT INCLUDE · CONCRETE/ASPHALT WORK. 124ACCE$$IBL£ METP. ILS, LllqE I~ELOCATION$, CUR~ STOl~ REPLAY, IvrL~rP.g L~...ATINC}, MLrI'EKRAI$ING, FENCl~ RLa'M~ I REPLACEMENT, LANDSCAPING. INSPEClnlON FEES, BONDS, PE]~41'[S. OR AIw'Y ~ UND[~Ilq]~ WORK. ScI-r~t~ING AND TIME OF COMPLETION W~J. BE NEGOTIATED. LA.YtNO LENGTH TO BE TI-IE ~ OF DI~LRAY ~ .i. BE KESPONSI~,.F.. FOR, lq'OTIFYINO CUSTO1M]EE.S TWO PRIOR. TO THE M~-'IER CNA.N(~oLrr. TI-W.. CITY' wILL ,~.LSO RF.D TAG ALL SHUT OFF METEP~ AI~D US BRONCO SER,VICE WILL NOT OPEN'tP. ESE METERS FOK'I~"TING. ANY AND ALL ,LF..nD CONNECInON OR WORK ON LEAD ~ IS BY OTHERS. PAYMENT IS TO MADE O14 1~!~ ITEM BASIS. IF ~ AI~ ANY' QUEaTION$ OP. 1 CAN BI~ OF ANY ASSlgI'ANCE PLEASE CALL. P.O. Box 181418 - Falrfi~d, Ohio 45018 800-4~8-8710 - Fa.x: 877-829-1613 · * TOTAL PAGE. 16 ~ 05/18/99 TUE 15:~0 [TI/RX NO §749) Agenda Item No.: 8.~.~. AGENDA REQUEST Date: May 12, 1999 Request to be placed on: Consent XX R~~ Agenda Special Agenda Workshop Agenda When: May 18, 1999 Descr£pt±on of agenda item '(who, what, where, how much): B~d Award - Bfd #99-19 - Submers±ble Wastewater Pumps, Annual Contract. Award to low respons±ve b±dder~ Southeastern Pumps, at an est±mated annual cost of $41.415.00. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Southeastern Pumps for the annual contract for purchase of submersible wastewater pumps per Bid #99-19. Estimated annual cost of $41,415.00 FnndinE from account code 442-5178-536-61,76 Department Head Signature: Determination of Consistency with o~rehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure_~ , of funds): V~T~o~L~ -r-~z~w.5~-oq_ g~_~r~_ ~o~_~-~_.T ~~b~. Funding available: Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda COordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor THROUGH: Joseph Sa~f~~ce Director DATE: May 12, 1999 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING MAY 18, 1999 - BID AWARD -BID #99-19 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve award to low responsive bidder, Southeastern Pumps, for the purchase of submersible wastewater pumps at an estimated annual cost of $41,415.00. Background: Bids were received on April 20, 1999, from four (4) vendors all in accordance with City's purchasing procedures. (Bid #99-19 on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Deputy Director of Public Utilities and Maintenance Manager have reviewed the bids received and recommend award to low bidder, Southeastern Pumps. Recommendation: Staff recommends award to Southeastern Pumps at an estimated annual cost of $41,415. Funding from account code 442-5178-536-61.76. Attachments: Tabulation of Bids Memo From Maintenance Manager CITY OF DELRAY BEACH · · · TABULATION OF BIDS BID NUMBER 99-19 SUBMERSIBLE WASTEWATER PUMPS CONDO ELECTRIC ITEM/DESCRIPTION SOUTHEASTERN PUMP HYDRO PUMPS ABS PUMPS INDUSTRIAL SUPPLY 1. 14.8 TO 18 HP - 3302.00 / 2836.90 / 6028.00 / 6365.88 / 6" DISCHARGE, 230 VOLTS, 6604.00 5673.80 12056.00 12731.76 3 PHASE, 1750 RPM WITH 40' CABLE 6SE18034L 6VN150M4-23 AFP 1547 M1030/4 K-156-F-CD3207 QUANTITY - 2 2. 7.5 - 4" DISCHARGE 1892.00 / 2070.10 / 3225.00 / 3508.24 / 230 VOLT, 3 PHASE, 5676.00 6210.30 9675.00 10524.72 1750 RPM, WTH 40' CABLE QUANTITY - 3 4SE7534L 4V75M4-23 AFP 1046 M70/4 K100-F-CA3210 3. 3.7 HP TO 5 HP 1450.00 / 1867.25 / 2436.00 / 2390.59 / 4" DISCHARGE, 230 VOLTS 2900.00 3734.50 4872.00 4781.18 3 PHASE, 1750 RPM WITH 40' CABLE 4SE5094L 4V50M4-23 AFP 1041 M35/4 K80-F-CB3190 QUANTITY - 2 4. 29 TO 30 HP 3774.00 / 4705.00 / 7240.00 / 9424.71 / 6" DISCHARGE, 460 VOLTS 3774.00 4705.00 7240.00 9424.71 3 PHASE, 1750 RPM WITH 40' CABLE 65SE30044L 6VC300M4-43 AFP 1547 M210/4 K152-F-CA3275 QUANTITY - 1 5. 11.3 HP - 4" DISCHARGE 2061.00 / 2147.40 / 3123,00 / 4718.82 / 230 VOLT, 3 PHASE, 4122.00 4294.80 6426.00 9437.64 1750 RMP, WITH 40' CALBE QUANTITY - 2 4SE11334L 4V100M4-23 AFP 1046 M90/4 K102-F-CA3224 6. 2 HP - 3" DISCHARGE 850.00 / 1701.20 / 1195.00 / 2331.76 / 230 VOLT, 3 PHASE, 850.00 1701.20 1195.00 2331.76 3450 RPM, WITH 40' CABLE QUANTITY - 1 3SE2092L 3RH30M2-23 PIR S16/2D K80-F-CB3160 7. 15 HP - 4" DISCHARGE 2319.00 / 2655.25 / 3596.00 4836.47 / 230 VOLT, 3 PHASE 6957.00 7965.75 10788.00 14509.41 1750 RPM WITH 40' CABLE QUANTITY - 3 4SE 15034L 4VH 15M4-43 AFP 1046 M 105/4 K102-F-CA3255 6. 15 HP - 4" DISCHARGE 4968.00 / 6617.65 / 3796.00 / 6705.88 / 1750 RPM (RHR/LH R) 4968.00 6617.65 3796.00 6705.88 8 3/4" IMPELLER DIAMETER WITH 25' CORD, YEOMANS SERIES 9235 PUMPEX CENTER AFP 1046 M105 K106-T-CC3215 SERIES 9235 SUBMERSIBLE MODEL 4103 LINE DISCHARGE WITH COOLING JACKET DRY PIT PUMP K106-CC3225 QUANTITY -1 DRY PIT 9. 20 HP - 4" DISCHARGE 5564.00 / 6910.00 / 6156.00 / 6823.53 / 1750 RPM (RHR/LH R) 5564.00 6910.00 6516.00 6823.53 9 1/2" IMPELLER DIAMETER WITH 25' CORD, YEOMANS SERIES 9235 PUMPEX CENTER AFP 1047 M130/4 K106-T-CC3240 SERIES 9235 SUBMERSIBLE MODEL 4103 LINE DISCHARGE DRY PIT PUMP K106-CC3230 A47+A24WITH PIT PUMP+A47 DRY PIT QUANTITY -1 GRAND TOTAL BID PRICE ITEMS 1 THRU 9 41415.00 47813.00 62564.00 77270.59 BRAND/MODEL NUMBER 1-7 BARNES PUMPS INC #1,2,3,4,5,6,7 MYERS AFP PUMPEX 8 & 9 YEOMANS PUMPS #8 & 9 PUMPEX DELIVERY TIME #1 THRU 7 IN STOCK 30-40 CALENDAR DAYS 20 CALENDAR DAYS #1 THRU 7 - 2 WEEKS POMPANO BEACH #8 & 9 - 8 WEEKS #8 & 9 - 6 TO 8 WEEKS WARRANTY 5 YEAR 5 YEAR 5 YEAR 5 YEAR WILL EXTEND TO OTHER PALM YES YES YES YES BEACH COUNTY GOVERNMENT ENTITLES MEMORANDUM TO: Jackie Rooney, Purchasing Supervisor FROM: Robert C. Bullard, Maintenance Manage~ DATE: April 29, 1999 RE: Bid//99-19, Submersible Wastewater Pumps - Annual Contract Review of the "Tabulation of Bids" for the above referenced subject indicates that Southeastern Pumps is the low bidder. We recommend you award the bid to them. Please proceed with the Commission agenda for the annual contract. If there are any further questions please contact me. RCB/cd ~1 cc: Dan Beatty, D~eput3%Director ojO'u~c Worl¢ City of Delray Beach · · . Budget Transfer Form (1) Departmental Line Transfer (2) Date 05-13-99 (3) Intertund/Interdeparlmental Transfer (4) Batch Number (5) Requested By: Richard C. Hasko, P.E. PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION [8) TRANSFER OUT (9) TRANSFER IN 442-5178-536-99.01 Project Reserve 41500 442-5178-536-6 ! .76 Equipment Replacement 41500 (10) TOTAL 41500 41500 JUSTIFICATION: For funding annual pump purchase contract. Department Hea~_(~--~ ~' ~/' ~'/~ ~' Assr City Manager Finance Directo % ~ C~ Manager (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT Agenda Item No.: ~.~.-g. AGENDA REQUEST Date: May 17, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: May 18, 1999 Description of agenda item (who, what, where, how much): Request awardin~ Bid #99-22 (summer camp t-shirts) to low bidder All American PrintinK, Inc.. in the total amount of $10,661.10. Fundin~ will be as follows: $2~607.50 from account #115- 4920-572-56.05~ ~2~607.50 from account #115-4921-572-56.05~ $2,936.50 from account #115-4923-572-56.05~ and $2.509.60 from account #115-4922-572-56.01. ORDI~b%lqCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Award Bid #99-22 to low bidder All American Printin~ Inc. Department Head Signature: ~~_ Determination of Consisten wi Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:~/ NO Funding alternatives: (if ap ic~ble) Account NO. & Description: Account Balance: City Manager Review: ApprovedHold Until: for agenda: ~)/ NO~ Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Roo.ney, Purchasing Supervisor THROUGH: Josep~Finance Director DATE: May 17, 1999 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING MAY 18, 1999 - BD AWARD -BID #99-22 SUMMER CAMP T-SHIRTS AND CAMP BAGS FOR PARKS AND RECREATION Item Before Commission: City Commission is requested to approve award to low responsive bidder, All American Printing, Inc., for the purchase of Summer Camp T-Shirts and Camp Bags for Parks and Recreation at a total cost of $10,661.10. Background: Bids were received on May 14, 1999, from twelve (12) vendors all in accordance with City's purchasing procedures. (Bid #99-22 on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Assistant Director of Parks and Recreation has reviewed the bids received and recommends award to low bidder, All American Printing, Inc. This vendor has been used previously by the City of Delray Beach, and they provided good service to the City. Recommendation: Purchasing staff recommends award to All American Printing, Inc. at a total cost of $10,661.10. Funding from the following account codes: 115-4920-572-56.05 for $2,607.50, 115-4921-572- 56.05 for $2,607.50, 115-4923-572-56.05 for $2,936.50 and 115-4922-572-56.01 for $2,509.60. Attachments: Tabulation of Bids [IT¥ OF DELRFI¥ BEI:I£H CITY ATTORNEY'S OFFICE TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 Afl. America City "' DATE: May 11, 1999 TO: City Commission David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Amendment No. 3 to License of Riverboat at Veteran's Park Gray Line Water Tours (Gray Line) has requested a five-year extension of the license in order for Gray Line to recoup some of its investment for modifications to the vessel. The attached Amendment extends the agreement until January 31, 2014, with a monthly payment of $1,500.00, during the five-year extension period. The amendment provides that the extension shall be null and void if the modifications do not occur by November, 1999 according to plans approved by the City. Please call if you have any questions. Attaclunent cc. Joseph Safford, Finance Director G RAY LINE WATER TOURS 1April, 1999 R ECE!VE D APR 0 8 1999 Mr. Joe Weldon, Director Parks and Recreation Department ACCOUNI'$ PAYABtF City of Delray 50 N. W. 1't Ave. ',,"t,r:,ur:r~ ,,,,, ,"',,,. .... Delray Beach, FL 33444 ,4PR 3 _ ~9~ Dear Sir; As per the License Agreement dated 12 November, 1991 and its associated amendments dated 20 December, 1993 and 4 October, 1994, please accePt this correspondence as official notification that the Licensee- Delray Gray Line, LLC, a SC Limited Liability Company wholly owned by Charleston Gray Line, LP, a South Carolina Limited Partnership d/b/a Gray Line Water Tours, will exercise its right to cease operations at its licensed location from 1 June, 1999 until mid November, 1999. We are rapidly approaching the conclusion of this entity's 1St season of operation i~ Delray. We are very happy with this location and look forward to a long and successful association with the residents and visitors to Deiray Beach. Everyone in your organization has been very helpful and I thank you for that. On another note, it has become increasingly apparent that the general public desires a sun deck. I recently engaged the services of a naval architect to study the weight and balanced effect of this and unfortunately, adding a third deck is not a viable option. However, what is an option is removing the back half of the exis. ting covered roof on the top level. I am planning this change and it will,be in place by our return in mid November. In keeping .with providing for the desires of the residents andguests of DelraY Beach, I would like to explore the possibilities of amending the existing liCense agreement to lengthen the term under the present CHARLESTON, SC CORPORATE OFFICES DELRAY BEACH, FL 196 Concord Streel Gray Line Water Tours 801 East Atlantic Avenue Charleston. SC 2940 t PO BOX 861 Dehay Beach, FL 33483 The "foot" of Market Str,?et Charleston. SC 29402 "Veteran's Park" PHONE: (843)-122-111 ? Administrative / Sales Office PHONE: (561)-243-0686 FAX: (843)-577-3599 (843)-723-1033 FAX ($61 ) 243-4069 ,,r, . . t ....... 1,. l.r...t,,,,." -tr~, , coc~. ~.nnn-'~ad.44R3 "Ro.¥a[~. ott 'l~r arrangements. It is going to be costly to effect this change. I would like the comfort knowing that the expense could be expected to be repaid over the additional years. As I have stated, I am very happy with the current terms and we are planning to be a long term steward of Delray Beach. I know from talking to the many people associated with the city that are also pleased with the service we are providing and feel we are a welcome asset to Veteran's Park. A five year extension would be appropriate, in my opinion. Thank you for your time and please pass on the enclosed rent check for April and the associated passenger count to your finance department. If you have any questions, please feel free to call me at (843) 722-9191. As the season draws nigh, I will be in town often and will be happy to meet with to discuss any of the above. Steve D. Peper President AMENDMENT NO. 3 TO LICENSE AGREEMENT ASSIGNED TO GRAY LINE WATER TOURS THIS AMENDMENT to the License Agreement of November 21, 1991, as amended December 20, 1993 and October 4, 1994 between the CITY OF DELRAY BEACH and assigned to DELRAY GRAY LINE, LLC, a South Carolina limited liability company wholly owned by Charleston Gray Line, L.P., a South Carolina limited partnership d/b/a Gray Line Water Tours by consent to assignment dated September 4, 1998, is entered into on this ~ day of ,1999. WITNESSETH: WHEREAS, Gray Line Water Tours has requested an extension of time from the current expiration date of the license of January 31, 2009, until January 3 I, 2014; and WHEREAS, Gray Line Water Tours desires to make certain changes in the vessel and seeks an extension of the license to recoup some of its costs; and WHEREAS, the City Commission is willing to extend the license under certain terms and conditions provid¢:d for in this Amendment No. 3 to the License Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein contained the parties agree as follows: 1. The recitations referred to above are hereby incorporated as if fully set forth herein. 2. Th:~t Section 1.01, "Term", of the License Agreement as amended in Amendment No. 1 is further amended to read as follows: The City hereby licenses to Licensee for a term of twenty-two (22) years beginning on the date of the City's receipt of the notice of commencement of the cruise ship operation as further described in Paragraph 5.02 of this agreement, the premises described in Article 3.01 hereof for the operation of a cruise boat and restaurant operation as described in Paragraph 1.02. The date of commencement is February 1, 1992, thus, by this extension, the license expires January 31, 2014. 3. Section 4.01, "Monthly Payment", of the License Agreement as modified by Paragraph 4 of Addendum No. 1 and Paragraph 6 of Addendum No. 2 is further modified to read as follows: During the first five (5) years of this License Agreement, Licensee shall pay the City an annual payment payable in equal monthly payments of $700.00 per month. In years 6 through 10, Licensee shall pay the City an annual payment of $12,000.00 payable in equal monthly payments of $1,000.00 per month. In years 11 through 14 of this Agreement, Licensee shall pay the City an annual Payment of $13,800.00 payable in equal monthly installments of $1,150.00. In years 15 through 17 of this Agreement, Licensee shall pay the City an annual payment of $15,600.00 payable in monthly payments of $1,300.00 per month. In years 18 through 22 of this Agreement, Licensee shall pay lhe City an annual payment of $18,000.00 payable in monthly payments of $1,500.00 per month. The monthly payments shall be made without billing on the first of the month following the day of the notice of commencement as required in Paragraph 5.02 and on the first of each month thereafter. 4. This Amendment to License Agreement extending the term of the license shall be effective if the plans for the modifications to the vessel are approved in advance by the City Commission and the vessel is modified in accordance with such plans when the operations resume in November of 1999. Failure to submit plans or obtain approval of the plans by the City or failure to modify the vessel pursuant to the plans approved by the City by November 31, 1999, shall render this Amendment null and void. 5. All other terms and conditions of the License Agreement as amended not in express conflict herewith shall remain in full force and effect, and are incorporated as if fully set forth herein. IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to Form: City Attorney DELRAY GRAY LINE, LLC, wholly owned by Charleston Gray Line, L.P., a South Carolina Limited Partnership, d/b/a WITNESSES: GRAY LINE WATER TOURS By: Charleston Gray Line, L.P., Sole Member (Print or Type Name) By:Charleston Gray, Inc., General Partner By: Stephen D. Peper, its President (Print or Type Name) (SEAL) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 1999, by ., as (name of officer or agent, title of officer or agent), of (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 as identification. Signature of Notary Public MEMORANDUM RECEIVED TO: David T. Harden APE 1 2 1999 city Manager CITY MANAGER FROM: Joseph U. ~ Director of F}na~ SUBJECT: Extension of Contract for Gray Line Water Tours DATE: April 12, 1999 Attached is a letter from Steve Peper of Gray Line Water Tours. He is interested in extending his contract for dockage. The present contract expires December 30, 2009. If the City is to consider such an extension, among other things, I would recommend that a price increase be incorporated. We have attached a schedule which outlines the rent charges for the different years of the current contract. Please advise how you wish to proceed. /sam Attachments cc: Susan A. Ruby, City Attorney Milena L. Walinski, CGFO, Assistant Finance Director from to 11/1/98 11/30/2002 $1,060.00 11/7/98 -Rent $1,000.00 Tax $60.00 Rent starts from 11/I/98 through 11/30/2002. (Remainder of the original 5 years) New Contact: 12/1/2002 12/30/2006 $1,219.00 Monthly rent $1,150.00 plus 6% sales tax of $69.00, due monthly from years 11 through 14. (4 years 2002-2006) 1/1/2007 12/30/2009 $1,378.00 Monthly rent $1,300.00 plus 6% sales tax of $78.00. Due years 15 through 17. (3 years 2007-2009) License (lease) agreement ends 12/2009. CONTACT: Steve D. Peper, President, Gray Line Water Tours, 196 Concord Street, Charleston, SC 29401, Phone: (843) 722-1112, Toll Free: 1- 800-344-4483, Fax: (843) 577-3599 FROM TO Ramblin Rose 11/21/91 12/2009 $700.00 Originally Signed-I 1/21/98 17 Years Amended 12/20/93 Does not effect contact dates. Still Water Cruises 11/21/91 11/21/96 $700.00 Monthly Rent $700.00 Plus $42.00 Tax. Due For The First Five Year (first 5 years) From 11/21991 Through 11/21/1996. (years 6 through 10) I 1/21/96 11/30/2002 $1,000.00 Monthly Rent $1,000.00 Plus $60.00 Tax. Due Years 6 Through 10, From i 1/96 Through 11/2002. (years !1 through 14) 12/1/2002 12/30/2006 $1,150.00 Monthly Rent $1,150.00 Plus $69.00 Tax. Due (four years). Years 11 Through 14, From 12/1/2002 Through 12/30/2006. (years 15 through 17) 1/1/2007 12/30/2009 $1,300.00 Monthly Rent $1,300.00 Plus $78.00 Tax. Due (three years). Years 15 Through 17, From 1/2007 Through 12/2009. (Note: The Boat Did Not Dock Until Jan. 3, 1992. First Payment Due Of $700.00 Per Memo From City Attorneys Office. Located At The Intracoastal Waterway And Atlantic Avenue, Veterans Park Boat Dock. Contact: Captain Dane L. Mark, Or Leeann Mark, (561) 243-0686 Assignment of Lease to Gray Line Tours dba Ramblin Rosse II, on 11/1/1998.) Assignment Of Dock 11/I/98 12/30/2009 Rental Agreement New Contact: Steve Peper, Gray Line Water Cruises- S. Carolina- Rental Gray Line Water terms to remain the same. Tours dba/Ramblin Rose II Opening 11/98 Business To Open for passengers on [IT¥ I)F DELR;I¥ BEI3gH CITY ATTORNEY'S OFFICE TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH MEMORANDUM Ali. America City TO: City Commission 1993 FROM: Susan A. Ruby, City Attorney SUBJECT: Lot 23, Block 23 Liens The CRA is under contract for Lot 16, Block 35, owned by Grace Barnett, and Lot 15 that will be eventually be transferred to the City and then transferred to the House of God Church. The House of God Church will convey Lots 11-13 of Block 36 to the City, which will then be conveyed to the CRA with the CRA conveying to the City, the east 20 feet of' Lots 1-10 owned by the CRA and the City retaining the east 20 feet of Lots 11-13 of Block 36. The City previously waived liens on Lot 16, Block 35, owned by Grace Barnett, except for an · unsafe building lien in the amount of $3,572.73, which will be paid at closing. The title search has revealed additional liens on property owned by Grace Barnett located on Lot 23, Block 23, which by statute have attached also to the Lot 16, Block 35 property. The title insurer is requiring the satisfaction of these liens prior to closing. The amount of the liens is $4,695.98, and with interest is $6,989.97 (see attached). The waiver and approval to satisfy all liens has been requested in order for a closing to occur on the Block 16 property. This is a complex transaction. If you have any questions, please call me. Enclosed are letters from Attorney Douglas Kreis for further information. By copy to David Harden, City Manager, please place this waiver request on the City 1999 City Commission agenda. SAR:ci ~ cc: David Harden, City Manager Alison Harty, City Clerk Douglas Kreis, Esq. Robert Federspiel, Esq. Chris Brown, Director of CRA Sherry Johnson, CRA GRACE BARNETT TOWN OF DELRAY, LOT 23, BLOCK 23 509 SW 3RD STREET TOTAL DATE INVOICE NO. RES.NO. COST ADMIN. FEE REC. FEE INVOICE AM'T. W/INTEREST 11/14/97 10648 14-98 $ 51.00 $ 70.00 $ 1.44 $ i22.44 $ 136.34 ~3/20/9-~ ......... -115-7~ ...... ~40~(~8 $' 115100 $ 70.00 $ 2.24 $ 187.24 $ 203.47 -"8/~,~)~§ ....... ;i~2~, ..... 68-91~-- 5~150 ~, -75100 $' '~.67 $ '124.6'~ $ 131.39 8114196--(90~96) .... 7'8-1-9 .......... 4-97i $" 69.50 ~; 70.00 $ 1.53 $ 140.53 $ 170.55 -"-8/i41~ ............. --8~-2- '-~2%9'~/-$ 61.50 ~,' 70155 $ 2.61 $ ' 133.61 $ 162.11 4/301~ ' - 9~,~5 - "~:97,1 ,~'-- 99.50 ",~ 75.50 ~ 3.00 $ 172.00 $ 199.52 ...................8/21/97 15'i4~i, ~-97' ,~-" 51.00-' ~$ 70.06' $ 2.90 $ 123190 '$ 140.46 6/23/95 (9094) 6-359 ~-1-96'$ 51.00 $ 70.00'$ 2.63 $ 123.63 $ 161.60 12151~)~-i~5,~5i ~63 ..... 27-965 51.00 $ 70.00 $ 2.80 $ 123.80 $ 156.85 i0/26/-9-4--'i~0(~) ..... 44:~- ......... 6:~5 $ 120.00 $ 70.00 $ 2.40 $ 192.40 $ 205.30 4~-1-0/-9-5--(~5{)2) --5'!~ .... ~'~5~-95'-$' 51.50 ~; 70.00 $ ~.59 $ 125.09 $ 165.13 6/~_~b~) -__~9 - __.~..74-9_5'_$._' 51.0~_].~' 70~.00 $ ~2..6_7 $ 123.67 $ 161.67 3/25/93 (9110) 19020 23-93 $ 274.00 $ 70.00 $ 2.92 $ 346.92 $ 514.00 -~/1-~/,~:~-~,~109i ~4~-' 72-,~-9~ $ ,~47150~$ 70.00 $3.50 $ 320.00 $ 465.12 1/17/91 (9105) 16723 1-92 $ 69.00 $ 70.00 $ 2.84 $ 141.84 $ 235.49 3/26/92-i(~15~)) .... 'i695,5 ..... ~2-9~'$ 85.00'$ 70.00 $ 2.50 $ 157.50 $ 246.75 8/13/92 (9108) 17579 85-92 $ 60.00 $ 70.00 $ 2.70 $ 132.70 $ 203.54 -'~/2~))~--i9-1~i- -1-5~0~ .... ~3-~1'~ .... 6;6o' 50.00 ~, - '~.28 $ 112.28 $ 185.70 - ';1-)~)~;1'---(~-1-5~i .... 'i57i2 ....... 24-91 $-59.60 ~ 50.00 $ 2.i!i4 $ 111.84 $ 183.44 -8)3~{1~---~c~1~J,i .... 1~3;16(~ .... 63-91-$ ~0.00'$ 70.60 $ 2.72 $ 142.72 $ 230.34 712190 (9101) 14265 62-90 $ 350.00 $ 50.00 $ 2.62 $ 402.62 $ 684.51 2/1/88 (9099) 10918 ....... 7788 $_ _2.50.0015 35.00 $ 2.31 $ 287.31 $ 544.04 6/5/ii6 --' 8046 ** 4-86 10/i6i86 ..... 826§~ ~;~5-5~6 $---i04~50 $ 35.00 $ 2.80 $ 104.50 $ 284.26 5/17-/8-3--i~590) .... ,~z~0~ ---~,2-~3 $- ,~0150~ 35.00 $ ~.~i~ $ 77.58 $ 176.45 9/10/92 (9107) 18065 96-92 $ 270.52 $ 70.00 $ 2150 $ 343.02 $ 523.75 8~2~89 (9100) 12961 45-89 $ 240.00 $ 50.00 $ 2.17 $ 292.17 $ 518.19 $3,000.52 $ 1,635.00 $ 68.26 $ 4,665.98 $ 6,989.97 NOTES: __ *Resolut!0nwa_s in~e~e_ntl~y reC0r~d twice.' _ _.~*Res_olutio_n paid_ !n__1_986,~ but not released. . ***Orig_in~! invo!ce a_mou_n! W~._s .$_4_32._80. Payment of $500.00 was received and credited leaving a balance of $104.50. Interest to date was calculated on the $104.50 still remaining due. Part of the $500.00 payment was applied towards interest, ............ creafinga-~a~-u~-~ the-ir~oi~-. Prepared by Karen Schell and Celeste McDonough 5/13/99 5613918406 SE FLA LAWYERS TITLE 649 PO1 MAY 11 '99 02:37 DAVID R. ROY, P.A. Attorney at Law ;}4V;D R. ROY, P.A. l~ou~a~ia A. ~tlJ. M~ O~m B~n k~mn O~ 42~ N~ F~I Highway 3'lB West C~mlno Oa~cn, Blvd. P~pano B~a~, FIo~da 3]0z4 Sui~ I 0~, Pln~ V Tcl~ns: (~4} ~i4-2961 I~ ~mn, BI.ds F~simlle: (~4) 7B~2965 Tclcphonz: (~1) 3~1~498 Pa~slmllc: (~6 I) ~9 I-B406 May 11, 1999 Mrs. Susan Ruby, Esq. sent via facsimile to avoid delay (561) 278-4755 Re: Parties: Sale from Grace Barnett m Community Redevelopment Agency of Delray Beach; Property: Lot 16, Block 35, CITY OF DELRAY BEACH, OR 1/Page 3. (309 NW 1a Street, Delray Beach, Florida). Issue: Payoff for Munidpal Liens of Record on City of Delray Beach, Florida Real Property Owned by Grace Barnett: Lot 23, Block 23, CITY OF DELRAY BEACH, Florida, as rcc. ordcd in thc Office of thc Clerk of Circuit C~ourt in and for Palm Beach County, Florida in Plat Book 1, Page 3. (509 SW 3~ Street, Delray Beach, Florida) Dear Mrs. Ruby: Relative to the above referenced matter, and in accordance with our conversation, please accept this additional correspondence sent in aide of our efforts to effectuate the sale of Lot 16, Block 35 in the City of Delray Beach, Florida. As stated, Ms. Grace Barnett is the present owner of Lot 16, Block 35 and Lot 23, Block 23 located in the City of Delray Beach. Although we have obtained a negotiated payoff on all liens encumbering Lot 16, Block 35 from the City, those liens which re:main outstanding and unpaid on Ms. Barnett's other property located in City of Delray Beach effect an cncumbcrancc on tac marketable title to Lot Id, Blocl~ 33 In mae mc city bas a statutorlly provided interest all property owned by a debwr. Therefore, the Community Redevelopment Agency and Ms. Grace Barnett would ask that the City consider executing a Satisfaction of Lien as to Lot 16, Block 35 to include thc release of such property from any and all interests the City may have arising out of any and all liens the City may have against Lot 23, Block 23. If I can provide additional information, please let me know. M; ~CA $ B.~B A RN BT'f~ Rub-/S.llr. ~zd 05/11/99 TUE 15:34 [TX/RX NO 5712] 5613918406 SE FLA LAWYERS TITLE 64? 1:'02 MAY 11 '99 02:3? Ruby Itt. ¢ont'd Page 2 of 2 May 11, !999 Best regards, cc: Sherry Johnson, CRA David R. Ray. P,A. TelcphOnc:(:S6l) 3914498 05/11/99 TUE 15:34 [TX/RX NO 5712] 5613918406 SE FLA LAWYERS TITLE 629 P01 D~Y 10 '99 08:55 DAVID R. ROY, P.A. Attorney~ at Law DAVID R. RoY. P.A. DoUGL&~a A. Yd~gls, ~i;Q. M~n Off~e B~ R~on 0~ FO~ B~aeh, ~ 33064 ~ 108. Fire V Fao3~ilc: (954) 784-2~6S T~J~bons: (~61) 2~1-4498 P~l,: (561 } 391-8406 May 10, 1999 Mrs. Susan Ruby, Esq. sent via facsimile to avoid dclay . (561) 278-4755 Re: Parties: Sale from Grace Barnett to Community Redevelopment Agency of Dclray Beach; Property: Lot 16, Block 35, CITY OF DELRAY BEACH, OR 1/Page 3. (309 NW 1't Street, Defray Beach, Florida). Payoff for Municipal Liens of Record on City of Delray Beach, Florida Real Property Owned by Grace Barnett: Lot 23, Block 23, CITY OF DELRAY BEACH, Florida, as recorded in the Office of the Clerk of Circuit Court in and for Palm Beach County, Florida in Plat Book 1, Page 3. (509 SW 3'd Street, Delray Beach, Florida) Dear Mrs. Ruby: Relative to the above referenced matter, plcasc fred herein a list of the municipal liens which are reflected in the Official Records of Palm Beach County, Florida cffecting land held by Ms. Grace Barnett in the City of Delray Beach, Florida. As stated earlier, those recorded liens against Ms. Edith Coleman regarding property owned by her in thc City of West Palm Beach, Florida are not required to be paid off for thc reason that the same are not only outside the property chain of title (not within the City of Defray Beach), but were recorded after the subject parcel (Lot 16, Block 35) was sold to Ms. Barnett by IRS Deed in December 5, 1984. Howcvcr. I previously conducted a property search of Ms. Barnett's other parccl in thc City of Delray Beach, Florida referenced above as Lot 23, Block 23 and found numerous liens attached to the same. If you would be kind enough to prod the City to complete its payoff statement on these liens, I would be greatly appreciate it. Plcasc find attached hereto a copy of the lien letter sent from our Pompano Beach offices in January of this year. I did spcak with a man ("Jim" possibly) in thc Clerk's officc on several occasions who explained that the lien letter was in the works, Today, I was informed that a Mrs. Celeste McDowell might be another individual to contact regarding thc status of this request. I thought I would be able N:%CASBS~BAIv. N BTT%l~uby4 .Itr. wpd 05/10/09 MON 21:33 [TX/RX NO 5707l 5613918406 SE FLA LAWYERS TITLE 62? P02 MAY 10 '99 08:36 Ruby In', cont'd Page 2 of 2 May 10, 1999 to take care of this lien issue without outside assistance, however, my requesl~s have not been responded to. To the best of my knowledge, and in view of the ATIDS computerized search, the following liens comprise those liens which are outstanding on the Lot 23, Block 23 property. Once I am able to get a payoff, the closing can take place. As time is short, I am hopeful that your influence with the Clerk's office will help. Liens as of ~/26/99:~ (a more recent update has been ordered to reflect any post 3/26/99 liens) O,R./Page ~ O.R./Page Date of Filing 1. 10818/1550 12/16/98 15. 7689/36 05/03/93 2. 10593/387 08/21/98 16. 7397/689 09/17/92 3. 10347/1853 04/20/98 17. 7222/1291 04/30/92 4. 10169/984 01/06/98 18. 7126/686 02/20/92 5. 10028/467 10/09/97 19. 6978/74I . 10/03/91 6. 9780/35 05/06/97 20. 6832/1542 05/23/91 7. 9694/1344 03/12/97 21. 6770/412 03/28/91 8. 9206/298 04/10/96 22. 6546/609 08/10/90 9. 9205/461 04/09/96 23. 5595/578 03/07/88 10. 9027/1003 12/05/95 24. 5078/1228 11/19/86 11. 8917/1635 09/14/95 25. 4812/1052 03/07/86 12. 8891/564 08/24/95 26. 4022/542 08/24/83 13. 8705/1083 04/18/95 27. 2341/1699 08/20/74 14. 7891/1833 09/20/93 If you are able to obtain some information with respect to the time-flame involved in completing the payoff statement, please call. Additionally, I trust and hope that you will be able to sign the Satisfaction of Lien regarding Lot 23, Block 23 as well just after closing on the Lot 16, Block 35 property. As to your returning of the Estoppel Letter dated May 3. 1999 to me today reflecting the balance owed on the Lot 16, Block 35 property, thank you very for the same. Again, I appreciate your assistance. Best re Dm Kreis, Esq. lglas~s~. cc: Sherry Johnson, CRA David R. Roy, P.A. Telephone:($61) 3914498 05/10/99 MON 21:33 [TX/RX NO 57071 Agenda Item No.: AGENDA REQUEST Date: 05-12-99 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 05-18-99 Description of agenda item (who, what, where, how much): Approval of chanmes ~o the ~o11~ And Fir~f~h~: P~n~ ~1~ and General Employees Pension Plan as ~utlined on the attached memorandum fr6~-~o~-§~fford dated 05-~1-~9. Fundin8 to come from respective Pension Plans. Funding for 1% match for General Employees Pension Plan to come from respective departmental budget pension line item. ORDINA~iCE/ RESOLUTION REQUIRED: yES/NO Draft Attached: YES/NO Recommendation: Approval is recommended by the City'Manager. Follow~n~ npprnvnl by the City Commission, these changes will be presented to the respective ~lninnm subsequent ratification and ordinance changes will h~ prepmrmH m~ thmt ~m~ ~or the public hearing process, Determination of Consistency with ~mpre~ens~ve Plan: n/a City Attorney Review/ Recommendation (if applicable): n/a at this time Budget Director Review (requi_~ed~on~ all items involving expenditure of funds): Funding available: Q Funding alternatives: (if applicable) Account No.'& Description: various-see abpv¢ Account Balance: City Manager Review: ApprovedHold Until: for agenda: ~ NO: Agenda Coordinator Review: Received: Action: Approved/Disapproved To: David T. H~Manager From: Joseph M. ~ce Director Date: May 11, 1999 -- Re: Commission Approval of Recommended Pension Plan Benefit Chanees This memorandum is being prepared in order to provide information to the City Commission regarding the Admimstmtion's latest recommendations for pension plan benefit changes. We would need Commission approval of our recommendations in order to present these changes to the various unions for their ratification and to the pension boards for their information. Once the umons have ratified these changes, we would return to the City Commission with the revised pension plan ordinances and proceed with the public hearing process. Recommended Plan Besign for Police & Firefighters Pension Plan and Deferred Retirement Option Plan Agreement · Normal Retirement Date would remain as date of completion of 20 years of service regardless of age · Average Monthly Earnings is base compensation excluding commissions, overtime, bonuses, etc. for the highest 3 years preceding the actual date of retirement or termination instead of the highest 2 years. · Monthly Retirement Benefit would be 3.0% of Average Monthly Earnings times years of service (once an employee has achieved 20 years of service) compared to the present 2.5%. · Service-Incurred Disability Benefit would be reduced from 75% of Average Monthly Earnings with a retirement benefit enhancement to 60% of Average Monthly Earnings with no retirement benefit enhancement and no disability offsets for social security disability, worker's compensation, or other income. · Mandatory Employee Contribution would be reduced from 7.33% of base compensation to 3.00%. · Fixed Interest Payment of 3.0% on early withdrawal of employee contributions prior to 10 years service. · Fixed Interest Payment of 5.0% on early withdrawal of employee contributions after 10 years of service. · Early Retirement Incentive Program (part of DROP Plan Agreement). The additional years of service credited under the Early Retirement Incentive Program is for pension plan purposes only. It should not be considered additional service for the purpose of calculating sick leave conversion or any other benefit change that is based upon years of credited service. The City Manager would be interested in opening a second early retirement incentive program window. Funding for these benefit changes will come from within the pension plan itself. The Police and Firefighter's Pension Plan currently has $11,884,387 in unrecognized investment gains and these adjustments would use $8,590,691 of these gains. There would be no adjustment in the annual required contribution from the City due to these changes. There are several reasons these changes are being recommended, but the primary reason is to provide a benefit that will reduce the current attrition in the younger Police officer ranks. This is one of the goals of the City Commission and we have been working on this problem for the past year. By reducing the employee contribution, we become more competitive with the contribution presented by the SherifFs Department and allow an employee to an opportunity to participate in both the defined benefit pension plan and the deferred contribution savings plan (ICMA 457 Plan) or conversely to increase their takehome pay. In addition to this rationale, we have for many years expressed our concern with the 75% in-service tax free disability benefit along with the pension board and the unions. With these benefit changes we offer a 60% tax free disability pension. The 60% would be equal to a normal retiree with 20 years of service earning 3% per year. We also recommend eliminating all offsets to this disability and eliminate the retirement benefit enhancement on disability retirees. A catastrophic disability would in this way be able to receive the 60% disability tax free, be able to receive social security disability without offset, and receive workers compensation benefits without offset. This would provide the catastrophic disability retiree with a higher level of benefits than is currently available but reduce the benefits for non-catastrophic disability retirees to a level equal to a 20-year employee retiring without a disability. The benefit changes allow some form of benefit to all employees. Those participants who achieve 20 years of service would be able to earn 3% for each year of service compared to 2.5 %. The rationale behind this is that a Police officer cannot rem on the street much longer than this. The younger employee would receive the reduced contribution levels for improved benefits and more oppommity to enhance his retirement package with the 457 Plan. Recommended Plan Design for the General Employees Pension Plan · Normal Retirement Date would remain at age 60 with 10 years of service to become fully vested. The City would offer that an employee with 30 years of service could retire regardless of age. · Average Monthly Earnings would remain as base compensation excluding overtime, bonuses, etc. for the highest 2 years out of the last 10 years preceding the date of retirement or termination. · Deferred Retirement Option Plan offered at age 60 for a maximum of 5 years or to an employee retiring with 30 years service for a maximum of 5 years. · Employee Contribution would be reduced from 4.5% to 0.0%. The City would offer a 1% match to the employee for an ICMA 457 Plan benefit. This 1% match would be outside the pension plan. · Fixed Interest Payment of 3% on early withdrawal of employee contributions prior to 10 years service. · Fixed Interest Payment of 5.0% on early withdrawal of employee contributions after 10 years of service. Funding for these benefit changes will come from within the pension plan itself except for the 1% match program. The required contribution for the City to the General Employees Plan is currently $0.00 and would remain at this amount following the benefit changes. The General Employees Pension Plan currently has $8,069,140 in unrecognized investment gains and these adjustments would use $4,658,688 of these gains. There would be no adjustment in the annual required contribution from the City due to these changes. The City established a Personal Retirement Options Team almost one year ago to evaluate defined contribution versus defined benefit plans and to determine if we could improve benefits to employees without detrimentally affecting employer (City) costs. This tean~ was comprised of both management and union personnel as well as employees representing our non-union employees. The plan has been fully funded in the past and, in concert with excellent investment performance and positive performance against our actuarial assumptions over an extended period of time, has a umque opportunity to improve the aforementioned benefits and the City required contribution to the Plan would remain at $0.00. Conclusion We would appreciate approval of these plan design changes so that we may initiate union ratification and so that we can proceed with advising both the PRO-Team participants and the two pension boards. Once this is accomplished we will remm to the City Commission with revised ordinances for the public hearing process. A very special thanks to all those individuals who participated in the PRO-Team meetings during this past year for their time and valuable input into this process. A great deal of effort was expended over an extended period of time but the results should prove to be gratifying to all. Cc: Department Heads PRO-Team Members MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~4/I SUBJECT: AGENDA ITEM # ¢~ REGULAR MEETING OF MAY 18, 1999 APPOINTMENT TO THE CIVIL SERVICE BOARD DATE: MAY 14, 1999 With the appointment of Allen P. Huntington as a regular member to the Civil Service Board, this creates a vacancy for an alternate member for an unexpired term ending July 1, 2000. According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Board; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise and appointed by the City Commission. Eligible City employees elect two (2) regular members. In addition, there are two (2) alternate members. The appointee need not be a resident, property owner or business owner within the City. The following persons have submitted applications for consideration: June-Ann Fox Murray Gold James F. Stahl Pursuhnt to Commission direction, a check for possible code violations and municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Commissioner Archer (Seat #2). Recommend appointment of an alternate member to the Civil Service Board to fill an unexpired term ending July 1, 2000. Board99.Agenda. memo.civil service board.05.18.99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~~ SUBJECT: AGENDA ITEM # t REGULAR MEETING OF MAY 18, 1999 APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD DATE: MAY 14, 1999 With the resignation of Marion K. McIntyre as the citizen-at-large representative on the Parking Management Advisory Board, this creates a vacancy for an unexpired term ending January 31, 2001. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including, but not limited to, the planning, financing, development, construction and operation of parking facilities in accordance with the provisions as stated in the Resolution. The board's membership was amended to include the citizen-at-large position by Resolution No. 10-98 adopted by the City Commission on January 20, 1998. The following people have submitted their application for review and consideration. Bernard A. Dahlem Kevin P. 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 will be made by Commissioner Archer (Seat #2). Recommend appointment of a member to the Parking Management Advisory Board to fill an unexpired term ending January 31, 2001. CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - MAY 18, 1999 - 6:00 P.M. COMMISSION CHAMBERS AggNDA ADD~NDRM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS: CONSENT AGENDA: ITEM 8.~ -AWARD OF BIDS AND CONTRACTS 3. Printing, Inc. for the purchase of tee shirts and camp bags for the Parks and Recreation summer camp program, with funding in the amount of $2,607.50 from 115-4920-572-56.05 (Special Projects/Camp Registration - Community Center); $2,607.50 from 115-4921-572-56.05 (Camp Registration - Pine Grove); $2,936.50 from 115-4923-572-56.05 (Camp Registration - Delray Full Service Center); and $2,509.60 from 115-4922-572-56.01 (Camp Registration - Pompey Park). REGULAR AGENDA: 9.G. REQUEST FOR FINANCIAL ASSISTANCE/ATLANTIC HIGH SCHOOL - NATIONAL HIGH SCHOOL TRACK AND FIELD CHAMPIONSHIPS: Consider a request from Atlantic Community High School for funding support to assist two of Atlantic High's student athletes to participate in the National High School Track and Field Championships to be held in Raleigh, North Carolina, June 11, 1999. S/City Clerk/Addendum MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF MAY 18, 1999 REQUEST FOR FINANCIAL ASSISTANCE/ATLANTIC HIGH SCHOOL - NATIONAL HIGH SCHOOL TRACK AND FIELD C~IONSHIPS DATE: May 17, 1999 Attached is a letter from the Atlantic Community High School Track and Field Coach, Michael R. McPherson, requesting financial support from the City to assist two of the school's athletes who have qualified to attend the National High School Track and Field Championships. The meet will be held in Raleigh, North Carolina, on June 11, 1999. We have funded team travel before for Little League, and helped with the Band and Eagle-ettes. I recommend $250 to $500 be allocated for this endeavor. Funds are available in the City Commission Special Event contingency account. S/CityClerk/AHS. Track&Field :~501 Seacrest Boulevard * Dekray Beach, Florida 33. ~. * (561) May 12, 1999 z~cm~ RECEIVED Caml¢~Sh~ Mr. David Harden, City Manager 100 NW 1st Avenue ASSZSTANTI~/NcmAL8 Delray Beach, FL 33444 ~ ~'"" CITY MANAGER Dear Mr. Harden, K~ H~hert ~tc.~l:~...t~-~ As per you requesb, I am placing in writing a request fcr Saud~-~ financial assistance from the city to assist two of our JeaaAaa~e~ cities student athletes who have qualified to the National High School Track and Field Championships. This meet will be held in Raleigh, North Carolina on June 11, 1999. This meet will bring together the best track and field athletes in the nation and Sean and John Jefferson have accomplished the times necessary to be invited to compete in the mile and two mile runs at this prestigious event. Presently John Jefferson has run the fastest time in the State of Florida for the mile and two mile runs and his brother Sean has the second fastest time in the two mile. It is our desire that we can raise the finances necessary for these two deserving individuals to compete in this meet. The cost for this event will be approximately $1500.00. I hope that the city can assist in this worthwhile project and become partners in developing the athletic ability of these two young men. Yours truly, Michael R. Track and Field Coach Atlantic Community High School MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM #/0d- REGULAR MEETING OF MAY 18~ 1999 ORDINANCE NO. 16-99 (CORRECTIVE REZONING FOR A PORTION OF KEELER'S DRAPERIES PROPERTY) DATE: MAY 12, 1999 This is second reading and a quasi-judicial public hearing for Ordinance No. 16-99 which rezones the south half of a 0.60 acre lot located on the east side of South Federal Highway, approximately 150 feet south of Tropic Isle Drive, from RM (Multiple Family Residential) to GC (General Commercial) District. The overall site is commonly known as Keeler's Draperies at 3415 South Federal Highway. It was developed in 1960 with a one story commercial building and an associated parking lot. The north half of the property is zoned General Commercial. Due to a mapping error, the south half of the lot was incorrectly labeled RM (Multiple Family Residential) . Hence, this action is a City- initiated rezoning to bring the south half consistent with the north half and the established commercial use. The Planning and Zoning Board considered this rezoning at a public hearing on April 19, 1999. Public testimony was taken from Mr. Norman Maslow (PROD-Progressive Residents of Delray) who questioned the zoning boundary lines and property lines. After discussion, the Board recommended approval of the rezoning by a vote of 5 to 0, based upon positive findings. At first reading on May 4, 1999, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 16-99 on second and final reading, based upon the findings and recommendation of the Planning and Zoning Board S/City Clerk/ord.t6-~ ORDINANCE NO. 16-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL) DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS THE SOUTH HALF OF THE KEELER'S DRAPERIES PROPERTY AT 3415 SOUTH FEDERAL HIGHWAY, LOCATED ON THE EAST SIDE OF SOUTH FEDERAL HIGHWAY, APPROXIMATELY 150 FEET SOUTH OF TROPIC ISLE DRIVE, 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 RM (Multiple Family Residential) District; and WHEREAS, at its meeting of April 19, 1999, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 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 GC (General Commercial) District for the following described property: A parcel of land lying in Section 32, Township 46 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Lots 69 thru 72 inclusive, Tropic Isle Harbor Shopping Center, according to the Plat thereof recorded in Plat Book 25, Page 77, of the Public Records of Palm Beach County, Florida. TOGETHER WITH: The area of land labeled as "Service Alley" and "10' Walk", lying adjacent to the west lot line of Lot 72, and the south lot lines of Lots 69, 70, 71, and 72, Tropic Isle Harbor Shopping Center, according to the Plat thereof recorded in Plat Book 25, Page 77, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Beginning at a point at the northwest comer of said Lot 72; thence in a westerly direction, along the westerly projection of the north line of said Lot 72, to a point of intersection with the east right-of-way line of U.S. Highway No. 1 (Federal Highway); thence in a southerly direction, along said right-of-way line, to a point of intersection with the southern plat limit of said Plat of Tropic Isle Harbor Shopping Center, also being the south line of the NE ¼ of the NE ¼ of the NE ¼ of said Section 32; thence in an easterly direction, along said south plat limit line, to a point of intersection with the southerly projection of the east lot line of said Lot 69; thence in a northerly direction along said southerly projection, to a point at the southeast comer of said Lot 69; thence in a westerly direction, along the south lot lines of said Lots 69, 70, 71, and 72, to a point at the southwest comer of Lot 72; thence in a northerly direction along the west lot line of Lot 72, to a point at the northwest comer of I,ot 72, being the point of beginning. The subject property is located on the east side of South Federal Highway, approximately 150 feet south of Tropic Isle Drive; containing 0.6 acre, 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 1 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 18th day of tqay , 1999. ~M ~ First Reading May 4, 1999 Second Reading. May 18, 1999 - 2 - ORD. NO. 16-99 LA-MAT DEL RAY TO YO TA MORSE :,~ SATURN ,'/ DUMAR MOBILE P~AZA [ EASTV/EW HOMES ~ HONDA DELRA Y S~OPPING TROPIC MOBILE CENTER V~E HOMES L/ND~LL AVENUE L CANAL ~O~N~ ,~1~ ~ HARBo~ELICAN ~ ~OCA ISLE THE , ~ SHOPPES~ CONDO TRO=IC ISLE DR. PELICAN POINTE CONDO Ty LIMITS~ CITY OF ~ BOCA RATON si w~:~I ! i, CANA C-15 IIlIllIIlIIIIilIlIIIlIIlIllI IlIIll CiTY Or DELRAY BEAS~. FL FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSFT'Y') TO: GC (GENERAL COMMERCIAL) PLANNIN~ a., ZONINg, D-_-~ARTM~'.INT PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 19, 1999 AGENDA ITEM: ~V.B. ITEM: City Initiated Corrective Rezoning From RM (Multiple Family Residential-Medium Density) to GC (General Commercial) For a Parcel of Land Located on the East Side of South Federal Highway (U.S. 1), Approximately 150 ft. South of Tropic Isle Drive. GENERAL DATA: Owner ..................................... Elizabeth Foster Applicant ................................. David T. Harden, City Manager Location .................................. East side of Federal Highway (U.S. 1), approximately 150 ft. south of Tropic Isle Drive. Property Size .......................... 0.6 Acre Land Use Map Designation .... General Commercial Existing City Zoning ................ RM (Multiple Family Residential- Medium Density) Proposed City Zoning ............. GC (General Commercial) Adjacent Zoning ............ North: GC East: RM South: PRD (Planned Residential) West: PC (Planned Commercial) Existing Land Use .................. Portion of Tropic Isle Harbor Shopping Center Proposed Land Use ................Corrective Rezoning of the parcel to a more appropriate zoning designation Water Service ......................... N/A Sewer Service ......................... N/A The item before the Board is that of making a recommendation to the City Commission on a City initiated rezoning from RM (Multiple Family Residential-Medium Density) to GC (General Commercial) for a property located at the southeast corner of S. Federal Highway and Tropic Isle Drive, pursuant to LDR Section 2.4.5(D). Pursuant to 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 proposal involves the south % of a lot located at the southeast corner of S. Federal Highway and Tropic Isle Drive (the entire lot consists of approximately .60 acre). The subject property was originally platted as part of Tropic Isle Harbor Shopping Center Subdivision in 1957. In the 1980s portions of Tropic Isle Harbor Shopping Center Subdivision were replatted as a part of Pelican Harbor Phase IV (now Pelican Pointe Condominiums), Pelican Harbor North No. 2 (now Boca Isle Condo), and Pelican Harbor Shoppes. The remaining Tropic Isle Harbor Shopping Center Subdivision parcel (subject property) was developed in 1960 with a one story commercial building (Keeler's Draperies, 3415 S. Federal Highway) and an associated parking lot. At the time the site was developed the property was zoned C- 1 (General Commercial). The property was rezoned to RM-20 in 1972. Since 1972 the property had various multi-family zoning designations until 1990, when the property was rezoned from RM- 10 to GC in part (north %) and RM in part (south ~), with the Citywide rezoning and adoption of the Land Development Regulations. The north % of the subject property is zoned GC (General Commercial). Due to a mapping error, the south % of this lot was incorrectly labeled RM (Multiple Family Residential-Medium Density), and must be rezoned to GC to be consistent with the north % and associated commercial use. The south % of the lot was also incorrectly labeled with respect to the Future Land Use Map, with an assigned classification of MD (Medium Density Residential). This error was corrected on the FLUM in 1997 with the establishment of the digital mapping system, and the FLUM designation was changed from MD to GC (General Commercial). The northwest corner of Pelican Pointe Condominiums directly east is incorrectly identified as GC on the zoning map and must be classified as RM to be consistent with the overall RM zoning designation of Pelican Point Condominiums. The zoning error for Pelican Point can be corrected administratively on the City Zoning Map, as the vast majority of the property is zoned RM. VVhere a zoning district boundary P & Z Staff Report Corrective Rezoning from RM to GC for Keeler's Draperies Page 2 divides a lot, the zoning designation on the greater portion shall apply to the entire parcel. The zoning split on Keeler Draperies properties is too close to call and is therefore being handled through a corrective rezoning. The request now before the Board is the corrective rezoning of the south % of the Keeler Draperies property from RM (Multiple Family Residential-Medium Density) to GC (General Commercial). 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 to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. 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 FLUM (Future Land Use Map) designation for the subject property is GC (General Commercial). The property is currently zoned RM and the existing use is commercial. Thus, the zoning is inconsistent. The requested zoning change from RM to GC is corrective, and will result in consistency with respect to the existing commercial use on the property, and GC FLUM designation. 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 levels of service established within the Comprehensive Plan. The proposed rezoning is corrective, and no new development or redevelopment is proposed with this request. Based upon the above, the rezoning will not impact facilities as they pertain to water and sewer, drainage, traffic, parks or recreation, or solid waste. P & Z Staff Report Corrective Rezoning from RM to GC for Keeler's Draperies Page 3 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.$(D)($) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.3,2 (Standards for Rezoning Actions): Standards A, B and E are not applicable. The applicable performance standards of Section 3.3.2 are as follows: C) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Keeler's Draperies is surrounded by the following zoning districts and land uses: to the north and west are Pelican Harbor Shoppes and vacant land on properties zoned PC (Planned Commercial); south is vacant land on property zoned PRD (Planned Residential); and, east is Pelican Pointe Condominiums on property zoned RM (Multiple Family Residential-Medium Density). The rezoning of the south ~ of the lot is corrective, and will result in the application of an appropriate zoning classification which is consistent with the zoning designation of the balance of the property, and the associated land use. This use has been at this location since 1960 and no new development is proposed, Based upon the above, positive findings can be made with respect to the applicable performance standards. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)($) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; P & Z Staff Report Corrective Rezoning from RM to GC for Keeler's Draperies Page 4 b. That there has been a change in circumstances which make the current zoning inappropriate; 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 reason for the rezoning is "a". This corrective rezoning will result in the assigning of appropriate classification for the existing use, as well as consistency with respect to zoning designation for the entire parcel, and the underlying GC FLUM designation. 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. The subject property is developed and no additional improvements are proposed with this request. The subject property 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: I~ Tropic Isle Homeowners Association CI Tropic Harbor Condominiums rq Pelican Harbor Homeowners Association ~ Pelican Pointe Association Letters of objection or support, if any, will be presented at the P & Z Board meeting. P & Z Staff Report Corrective Rezoning from RM to GC for Keeler's Draperies Page 5 The rezoning of the subject property is corrective and will result in consistent zoning identification of the overall lot and associated land use. The proposed GC zoning designation is consistent with the GC classification of the north ~ of the parcel, with the underlying GC FLUM designation, and the existing commercial use. The commercial use on the property has existed at this site for many years and the surrounding properties will not be affected by the zoning change. No new redevelopment or redevelopment is anticipated with this request. A. Continue with direction. B. Recommend to the City Commission approval of the rezoning request from RM (Multiple Family Residential-Medium Density) to GC (General Commercial) for Keeler's Draperies, based upon positive findings with respect to Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), and 2.4.5(D)(5)(a) of the Land Development Regulations, that the zoning had been established in error. C. Recommend to the City Commission denial of the rezoning request from RM (Multiple Family Residential-Medium Density) to GC (General Commercial) for Keeler's Draperies, with basis stated. Recommend to the City Commission approval of the rezoning request from RM (Multiple Family Residential-Medium Density) to GC (General Commercial) for Keeler's Draperies, based upon positive findings with respect to Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), and 2.4.5(D)(5)(a) of the Land Development Regulations, that the zoning had been established in error. Attachments: ~ Location Map E] Existing Zoning Map A-~AT AV[NU£ ~ ; j DEL RAY _a TO YO TA SA TUrN ~YACIN~ DUMAR MOBILE PLAZA EASTVIEW HOMES VIL L A GE C SHERWOOD HONDA DELRA Y SHOPPING MOBIL E CENTER HOMES L EVARD ~ [NUE L 1 , CANAL ¢~O~NT N. BOCA ISLE THE CONDO TROPIC ISLE DR. ;AN POINT~ CONDO CITY OF BOCA RATON CANAL C-i5 - CORRECTIVE REZONING - ClT~' Or DELRAY BEACH, FL FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) TO: GC (GENERAL COMMERCIAL) PLANNINC ,~ ZONINC DEPARTMENT ---- DI~,IT,~. I~,E IV. AP ~,~'~'~M ---- MAd REF: Ll~,'x35 ASSOCIATION, INC. May 17, 1999 To: Mr. David Harden, City Mayor Commissioner, Delray Beach From: Country Manors Mens' Club 4900 Country Manors Boulevard Delray Beach, FL 33445 Re: E.M.S. Attn: City of Delray Beach Representatives It has been brought to our attention that there will be a change of location for Fire Station No. 4 E.M.S. personnel and equipment. The existing location of No. 4 E.M.S. has been a "God send" and ideal for the residents living in our community and also for the residents of the surrounding areas. Time is critical to many of our senior citizens residing in Country Manors who need E.M.S. professional medical services. Their quick response to our 911 calls is a life-saving necessity to us. By their location next door to our community, this does provide us with peace of mind. Station No. 4 E.M.S. has been very attentive to our medical emergencies whenever they were needed. Their services to our community will be hindered if they were to be located elsewhere -- away from us. Yours truly, Jerome Rall, Chairlnan/President ~/Peter Rossi, Secretary/Treasurer 4900 COUNTRY MANORS BOULEVARD · DELRAY BEACH. FLORIDA 33445 ASSOC I ATI O N, I NC. May 17, 1999 TO: Mr. David Hardin, City Mayor Commissioner, Delray Beach FROM: Board of Directors Country Manors Association, Inc. Delray Beach, FL 33445 RE: E.M.S. Attn: City of Delray Beach Representative The Board members of Country Manors Association, Inc. were shocked to hear of possible changes being considered for the delivery of services to this community of senior citizens. With all of the communities like ours on Lake Ida Road and the new building being done on Military Trail, it seems the quality of service from Station 4 should be increased, not decreased. For many years Station 4 has done a terrific job for our residents. Their quick response to our calls has been a great security blanket for us. Please don't take this away! We the Board of Directors of Country Manors, Inc. would strongly opppose any type of change that would jeopardize the quality of service we have come to expect, and certainly appreciate, from the fire fighters and paramedics of Station 4. Yours truly, Robert J. Van Thof, President Board of Directors RTV:rdq 4900 COUNTRY MANORS BOULEVARD · DELRAY BEACH, FLORfDA 33445