12-07-99 Regular CITY OF DELRAY BEACH, FLORIDA CITY COMMISSION REGULAR MEETING
COMMISSION C~h.WlBERS
19~3
The City will furnish auxiliary aids and services to afford an
individual with a disability an opportunity to participate in and enjoy
the benefits of a service, program or activity conducted by the City.
Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours
prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings in the Commission
Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with
the order of presentation being as follows: City Staff, public
comments, Commission discussion and official action. City Commission
meetings are business meetings and the right to limit discussion rests
with the 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 November 16, 1999
6. Proclamations:
A. Recognizing and commending Carole R. Shetler for her
leadership at Atlantic High School and her many contributions
to the Delray Beach community.
B. Observing and honoring the 200th anniversary of George
Washington's death on December 14, 1999.
7. Presentations: None
8. Consent Agenda: City Manager recommends approval.
A. AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY: Approve an
agreement for consultant/lobbying services between the City
and Kathleen E. Daley for the period October 1, 1999 through
September 30, 2000, with funding in the amount of $48,000.00
from 001-1111-511-34.90 (City Commission - Other Contractual
Services).
B. AGREEMENT FOR SIDEWALK IMPROVEMENTS/JENNINGS COMMERCIAL
BUILDING: Approve an agreement between the City and Russell
B. Jennings, Inc. to allow the deferral of sidewalk
improvements within the Dixie Highway right-of-way immediately
abutting Lot 18, Delray Beach Estates, until such time as the
City requests the sidewalk to be constructed.
C. AMENDMENT TO PARKING LICENSE AGREEMENT/CAFFE LUNA ROSA:
Approve an amendment to the parking license agreement between
the City and Caffe Luna Rosa, Inc. to allow valet parking
service seven days a week from 11:00 a.m. to 11:00 p.m., from
Regular Commission Meeting
December 7, 1999
December 15th through April 30th each year the agreement is in
effect.
D. RESOLUTION NO. 42-99 & ACCEPTANCE OF EASEMENT DEED: Approve a
resolution vacating and abandoning an easement associated with
the expansion of Boca Delray Animal Hospital, located at the
northeast corner of Military Trail and Jefferson Road, based
upon positive findings, and accept an easement deed for a 15
ft. wide exclusive sanitary sewer easement to accommodate the
installation of a deep sanitary sewer main within Lot 61,
Second Addition to Country Club Acres.
E. RESOLUTION NO. 78-99: Approve a resolution vacating and
abandoning a portion of Old Dixie Highway right-of-way in
conjunction with the proposed development of Jennings
Commercial Building, located on the east side of Old Dixie
Highway, approximately 315 feet south of Gulfstream Boulevard,
based upon positive findings and subject to retaining a
utility easement over a portion thereof.
F. RIGHT-OF-WAY USE PERMIT/ADELPHIA BUSINESS SOLUTIONS OF
FLORIDA: Approve a permit agreement between the City and
Adelphia Business Solutions of Florida which will allow
Adelphia to use the City's rights-of-way in accordance with
City ordinances in order to provide telecommunications
services in the City of Delray Beach.
G. SERVICE AUTHORIZATION ~i/DAMES AND MOORE (WEST ATLANTIC AVENUE
IMPROVEMENTS): Approve Service Authorization #1 in the amount
of $111,800.00 with Dames and Moore for design of hardscape
and landscape improvements along West Atlantic Avenue from 1st
Avenue to 10th Avenue. Punding will be from ISTEA grants,
Beautiful Palm Beaches grants, and the Community Redevelopment
Agency.
H. FINAL PAYMENT/CUSTOM CARE, INC. (SEAGATE NEIGHBORHOOD
BEAUTIFICATION): Approve final payment in the amount of
$2,199.35 to Custom Care, Inc. for completion of the
irrigation and landscaping improvements within the Seagate
neighborhood, with funding from 334-4144-572-63.36 (General
Construction Fund - Seagate Neighborhood).
I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Land Development Boards
for the period November 15th through December 3, 1999.
J. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Tropical Lawn & Landscape Co. at an
estimated annual cost of $11,712.50 for the landscape
maintenance of Atlantic Avenue (west of CSX Railroad to
Military Trail), with funding from 119-4144-572-46.40
(Beautification Trust Fund).
-3-
Regular Commission Meeting
December 7, 1999
2. Lease award to Xerox for the three year lease of a Xerox
5352 Copier for the City Attorney's Office at a total
lease cost over the three year period of $10,629.00, with
pricing per Florida State contract and funding from
001-1611-514-44.30 (City Attorney - Equipment
Rental/Lease).
3. Purchase award in the amount of $15,036.00 to AMJ
Equipment Corporation, sole source vendor, for the
purchase of eleven (11) new turbidity units to replace
existing 1990 labor intensive equipment that is failing,
with funding from 441-5122-536-64.90 (Water Treatment &
Storage - Other Machinery/Equipment).
4. Contract addition in the amount of $30,000.00 with
Aquifer Maintenance & Performance Systems, Inc. to
increase the contract amount for well rehabilitation to
$60,000 for the contract term of October 11, 1999 to
October 10, 2001, due to additional work for unexpected
pump and column failures. Funding is available from
442-5178-536-63.97 (Raw Water Well #24 Rehab).
9. Regular Agenda:
A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an
appeal of the Historic Preservation Board's condition of
approval to add hardware to exterior decorative shutters for
the Castle Florida Building at 150 North Swinton Avenue
(COA-351) and the Dittman Federspiel Building at 151 N.W. 1st
Avenue (COA-364). QUASI-JUDICIAL PROCEEDING
B. REOUEST FOR WAIVER/CONTRIBUTION FOR IMPROVING AND/OR EXTENDING
S.W. 7TH STREET: Consider a request from Stone Station
Florida Inc. to waive the requirements of LDR Section
6.1.2(A) (2) relative to providing one-half the cost of
improving and/or extending an unimproved local street (S.W.
7th Street) located on a boundary of a proposed project.
C. REQUEST FOR WAIVER OF PERMIT FEE/AMERICAN LEGION POST 65:
Consider a request from the American Legion, Milton Myers Post
65, to waive a building permit fee estimated at $2,500 in
order to complete the improvements to the American Legion Post
building located at 263 N.E. 5th Avenue.
D. PARKING LICENSE AGREEMENT/MARTINI'S ON ATLANTIC: Consider
approval of a parking license agreement with Martini's on
Atlantic for a six space valet parking queue on the south side
of Atlantic Avenue, east of S.E. 1st Avenue. The Parking
Management Advisory Board and staff recommend denial.
E. REQUEST FOR LETTER OF SUPPORT/PINEAPPLE GROVE ARTWALK
PROJECT: Consider a request from Pineapple Grove Main Street,
Inc. for a letter in support of their appeal to the Palm Beach
-4-
Regular Commission Meeting
December 7, 1999
County Legislative Delegation for a $150,000 grant to help
finance the Pineapple Grove Artwalk Project.
F. TENNIS CENTER CONSULTING AGREEMENT/JCD SPORTS GROUP, INC.:
Consider approval of a consulting agreement with JCD Sports
Group, Inc. in the amount of $18,000.00 for the period
December 1, 1999 through November 30, 2000 (with two annual
renewal options), with funding from 113-4210-575-31.90 (Tennis
Center Special Events - Other Contractual Services).
G. BONUS PAYMENT FOR FY 1999/BJCE, INC.: Consider approval of a
bonus payment in the amount of $22,335 to BJCE, Inc. for FY
1999, with funding in the amount of $18,350 from
445-4711-572-34.90 (Municipal Golf Course/Other Contractual
Services), $5,365 from 446-4711-572-34.90 (Lakeview Golf
Course/Other Contractual Services), and $3,120 from
001-4124-572-34.90 (Tennis Center/Other Contractual Services).
H. PROPOSED POLICY CHANGES/TENNIS CENTER STADIUM USAGE FEES:
Consider approval of proposed policy changes with regard to
usage fees for the Tennis Center Stadium.
I. SUMMARY OF THE PROPOSED ROADWAY IMPROVEMENT BOND PROGRAM:
Consider approval of the proposed roadway improvement bond
program, together with approval of revised Stormwater and
Water and Sewer capital programs.
J. AWARD OF PURCHASE ORDER/MAN CON, INC. (EMERGENCY MANHOLE
REPLACEMENT): Consider approval of the award of an emergency
purchase order in the amount of $29,900.00 to Man Con, Inc.,
second iow quote, for the emergency replacement of a sanitary
manhole at the north end of Miami Boulevard, with funding from
442-5178-536-63.93 (Southeast Interceptor).
K. BID AWARD TO ENVIRODYNE LABORATORY INC. (ANNUAL CONTRACT FOR
SUPPLEMENTAL LABORATORY ANALYSIS): Consider approval of a bid
award in the estimated annual amount of $10,000.00 to
Envirodyne Laboratory, Inc. as the lowest responsive,
responsible bidder (third low bid) to provide supplemental
laboratory analysis for water and wastewater, with funding
from 441-5124-536-34.90 (Environmental Compliance - Other
Contractual Services).
L. SETTLEMENT OFFER/GODBEE & LASTER V. CITY: Consider an offer
of settlement in the referenced matter.
M. APPOINTMENT TO MUNICIPAL PUBLIC SAFETY COMMUNICATIONS
CONSORTIUM BOARD OF DIRECTORS: Appoint a primary member and a
backup member to the Municipal Public Safety Communications
Consortium (MPSCC) Board of Directors.
N. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a
regular member to the Delray Beach Housing Authority to fill
-5-
Regular Commission Meeting
December 7, 1999
an unexpired term ending March 6, 2002. The appointment will
be made by Commissioner Schmidt (Seat #1).
O. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint a
member to the Downtown Development Authority to fill an
unexpired term ending July 1, 2000. The appointment will be
made by Mayor Alperin {Seat #5).
P. APPOINTMENT TO THE EDUCATION BOARD: Appoint a regular member
to the Education Board to fill an unexpired term ending July
31, 2001. The appointment will be made by Mayor Alperin (Seat
#5) .
Q. REOUEST FOR SUPPORT FOR NEW PUBLIC LIBRARY SITE: Consider a
request from the Delray Beach Public Library Board for a
statement of support for the placement of a new library at the
site located on the south side of West Atlantic Avenue,
directly opposite the Tennis Center and east of the County
Courthouse.
10. Public Hearings:
A. ORDINANCE NO. 47-99 (SECOND READING/SECOND PUBLIC HEARING):
An ordinance amending LDR Sections 4.4.24(B) (9) and
4.4.24(F) (1) by adding Lots 19 through 24, inclusive, Block
69, to the list of lots in the Old School Square Historic Arts
District (OSSHAD) that may be developed pursuant to certain
standards of the Central Business District. QUASI-JUDICIAL
HEARING
B. ORDINANCE NO. 48-99 (REZONING ASSOCIATED WITH TENNIS CENTER
EXPANSION): An ordinance rezoning two properties located on
the west side of N.W. 2nd Avenue, approximately 400 feet south
of Martin Luther King, Jr. Drive (N.W. 2nd Street) from R-1-A
{Single Pamily Residential) District to CF {Community
Facilities) District to accommodate the expansion of the
Tennis Center. QUASI-JUDICIAL HEARING
1. CONDITIONAL USE MODIFICATION/TENNIS CENTER EXPANSION:
Consider a request for conditional use modification to
allow the expansion of the Municipal Tennis
Center/Stadium (Phase IV.} QUASI-JUDICIAL PROCEEDING
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
-6-
Regular Commission Meeting
December 7, 1999
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
-7-
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - DECEMBER 7, 1999 - 6:00 P.M.
COMMISSION CHAMBERS
ITEM 8.J., AWARD OF BIDS AND CONTRACTS, ON THE CONSENT AGENDA IS
AMENDED BY ADDING THE FOLLOWING:
8.J. AWARD OF BIDS AND CONTRACTS:
5. Purchase award in the amount of $14,718.00 to GilbertS, Inc. of West Palm Beach, sole
source vendor, for the purchase of a MedJockey III, Special Events Response Vehicle
for use by the Fire Department, with funding from }'a£ai,xcd~c A~om~ 115-OO00-24g-
¢-T-00, to be reimbursed through Palm Beach County EMS Grant.
//~' - ~731/- ~ - gq. 9c
Addendum. December 7, 1999 Regular Meeting
WHEREAS, Carole R. Shetler began her educational career as an English teacher at
Lake Worth High School in 1974, and was subsequently promoted to the position of Assistant
Principal at that school; and
WHEREAS, her superior performance earned her the Principal's position at Atlantic
High School in Delray Beach where she continued to excel from 1984 to 1999; and
WHEREAS, Carole Shetler expanded Atlantic High School's extra-curricular and
athletic activities to include over 40 athletic teams and over 30 clubs and activities. She
developed an extensive elective program including ROTC, dance and others; and
WHEREAS, Principal Shetler implemented a successful International Baccalaureate
Program (95% passing rate on IB Diploma in 1999) and developed the "Eagles for Excellence"
program, one of the largest and most extensive student incentive programs in Palm Beach
County; and
WHEREAS, during her tenure as Principal, Ms. Shetler presided over a $10 Million
construction program and directed a joint project with the City of Delray Beach and County
Commissioners to fund the Seacrest Athletic Facility ,' and
WHEREAS, Carole R. Shetler continued to provide strong leadership as Atlantic High
School 's enrollment grew from I, 600 to over 2, 700 students; and
WHEREAS, Ms. Shetler left the position of Principal at Atlantic High School to assume
the duties of Executive Director for Area 1, Palm Beach County School District.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of DeIray Beach, Florida,
on behalf of the City Commission and the citizens of Delray Beach, do hereby extend our
heartfelt thanks and appreciation to
CAROLE R. SHETLER
for her exemplary service as Principal of Atlantic High School and acknowledge the significant
contributions she has made to the Delray Beach community. We wish her continued success as
-she takes up new challenges as Area 1 Executive Director for the School District of Palm Beach
County.
13I WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of
the City of Delray Beach, Florida, to be affixed this 7th day of December, 1999.
Jay Alperin
Mayor
RrcCF_IVEI~
CITY MANAGER
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, PLAI~IN~ AND ZONING DIF;JECT~OR
FROM: , R
SUBJECT: RECOMMENDATION FROM THE EDUCATION BOARD RECOGNIZING
CAROL SHETLER FOR HER YEARS OF SERVICE AS ATLANTIC
HIGH SCHOOL PRINCIPAL
At its meeting of November 1, 1999, the Education Board unanimously recommended
that the City Commission recognize Carol Shetler for her years of service as Principal of
Atlantic High School.
During Ms. Shetler's 16 years of service, she initiated the Junior ROTC program,
International Baccalaureate program, and Eagles for Excellence Program (student
improvement program). She was also the driving force to insure Atlantic High School
got its fair share of funding for such improvements as the science building, remodeling
of the main offices, and the Seacrest Athletic facility.
THE SCHOOL DISTRICT CAROLER. SHI~TLER DR, JOAN P. KOWAL
OF PALM BF. ACH COUNTY, FLORIDA EXECUTIVE DIRECTOR SUr~,~NT~_~)~T
AREA 1 ADMINISTRATION
215~ CLINT MOORE ROAD
November 17, 1999
Ms. NilTa Madden
City of Delray Beach
100 NW First Avenue
Delray Beach, FL 33444
Dear Nilza:
Some biographical information about me:
In Palm Beach County I began as an English Teacher at Lake Worth High School
in 1974.
Assistant Principal (~ Lake Worth High School
1978 - t 980
Administrative Assistant in Special Instruction (District Office)
1980 -' 1984
Principal (~ Atlantic High School
1984 - 1999
Currently - Area 1 Executive Director
Proudest Achievements ~ Atlantic High School:
* Expanded. Extra-curricular activities and athletics (over 40 athletic
teams, over 30 clubs & activities).
Developed an extensive elective program including ROTC, dance
and others.
* Implemented a successful International Baccalaureate Program
(95% passing rate on lB Diploma in 1999).
* Developed one of the largest and most extensive student incentive
programs (Eagles for Excellence) in our district_
* Presided over 10 million dollar construction program.
An Equal Education Opportunity Provide¢ and Affirmative Action Employer
I0 '~ ?;:6 66,
MII. ZA MADDEN
November 17, 1~9S
Page 2
Put together a joint project with the City of Delray Beach and the
County Commission to fund an athletic facility (Seacrest Project).
* Provided leadership as school grew from 1,600 student to over
2,700 students.
I was very proud of Atlantic High during my years there. The diverse and
positive student population and the wonderful teaching staff continue to make
me proud.
Sincerely,
Carole R. Shefler
Area I Executive 0irector
CRS:ml
S H E E T · , ,
I I
To:
Ni'lza Madden
Fax #:
243-377~.
Subject:
Received fax/Accomplishments
Date:
1¥22/99
Pag¢~: 3 , ~ncludtng this cover sheet..
CO MMENT$:
Please note addition on paragraph #3. Thank you.
Fmrn ~qe desk of...
MS. Carole R. Shetlec
21~;3 Climt Moore Road
~oca Rato~, gL
Area 1 ~cut[we Oire~oc
F~ (56~) Z4~ -2055
Phone ~561) 241-~050
CITY OF DELRAY BEACH ~
100 N.W. t** Ave 11~
Delr~ay Beach FL :33444
Tel (~(Sl)243-?050 - F2x (561)24:~-3T74
TOTAL NU~,R OF PAOE$ Oncloding ¢ov~r ~i
co~n~s: Accomplishments
Dear Ms. Shotler~
Please revise tI~ hereto.
Have a good day.
11/19~'9~' FRI 1~'-30 FAX 561 Zil) ~774 fcr'EY .,C. LERI~ [~]oo2
~ NOV I S ~
IFI:fEREA$, in J974, Carole R. Shetler began as an English
Teacher, and was subsequently promoted to AsMstant Principal at Lake
Worth High School; and
}PttERE~.. Carole Shetler~ superior performance l~ded her a
Principal ~ position with Atlantic Higfi School, in Delray Beach, where
she continued to ~c'el~om 198~ to 1999; and
~~AS, C~ole R. Shetler =panded Atlantic' High School's
~a-curricular and athletic activities, i~lu~ing ROTC, an exte~ive
~EREA& Carole R_ Sh.tter implemented a success~l
Inter~tional Baccalaureate Pro.am. and developed the ~Eagles for
Excellence' Program, one of largest s~dent incentive pro.am in Palm
Beach CounW; and
WHERE., Carole R_ Shetler directed a joint-project with the Ci~
of Delr~ Beach and Coun~ Commissioners to ~nd the Seacrest
A thle~¢ FacHi~; and
WHE~S, Carole R. Sherler contin~d to provide sgong
leadership as the Sc'hool~ enrollment ~ ~om 1,600 to over 2, 700
students; and
NO~. ~l-II_~J~l~O~. I. ~'.4Y.4vLP~71~iJV, Mayor of the Ci~ of Delray
Beach. Florida. on b~ha~ of the Ci~ Commission. a~ the Cit~e~ of
Delr~ Beach. hereby ~tend o~ heartfelt than~ and appreciation to
CAROLE R. SHETZER
for her ~emplary set. ice and ac~owle~qe the con~ibutio~ she has
made to the Ci~ of De]r~ Beach Communi~. We wish her continuous
success as she ta~s up new challenges ~ Area 1 Exe~tive Direczor for
the School Di.ctriet of Palm Beach Cou~.
IN ~TNES$ ~B~OF. l h~e hereunto set ~ ~nd and caused
the O~cial Seal of the Ci~ of Delr~, Beach. Florida. to be a~ed this
ya day of December. 1999.
Jay Alperin
Mayor
WHEREAS, December 14, 1999, is the 200th anniversary of the death of George
Washington, the father of our Nation and the protector of our liberties; and
WHEREAS, we should remember the life of George Washington and his
contributions to the Nation; and
WHEREAS, the standards established by George Washington's steadfast
character and devotion to duty continue to inspire all men and women in the service of
their country and in the conduct of their private lives; and
WHEREAS, the Mount Vernon Ladies' Association of the Union, which maintains
the Mount Vernon Estate and directs research and education programs relating to
George Washington's contribution to our national life, has requested all Americans to
participate in the observance of this anniversary; and
WHEREAS, the bells should be caused to toll at places of worship and
institutions of learning for the duration of 1 minute commencing at 12 o'clock noon,
central standard time, throughout the Nation, on the 200th anniversary of the death of
George Washington; and
WHEREAS, the flag of the United States should be lowered to half staff on the
200th anniversary of the death of George Washington; and
WHEREAS, the example set by George Washington is of the utmost importance
to the future of the Nation, and it is the responsibility of private and government
institutions to prepare for the observation of the 200t~ anniversary of the death of
George Washington.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach,
~Florida, on behalf of the City Commission and the Citizens of Delray Beach, hereby
proclaim December 14, 1999 as the
200tl~ Anniversary
of the death of
George Washington
in Delray Beach, Florida and recognize the many contributions he made to his country.
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 7th day of December, 1999.
Jay Alperin
Mayor
Tues-Jay. November 16, 1999 2:30 PM To: Nilza city m~nagers (~,,ffice From: c kopp. 5613910564 Pege: 2 of 3
Jane Kopp, Senior Society President
Filer George Weissenfels Society, Children of the American Revolution
1368 SW 13th Street - Boca Raton, Florida 33486-5322
Home Phone 561-391-0454 - Fax 561-391-0564 - Email JEKoppBoca(~aol.com
Novelnberl 0, 1999
Dear Sue,
This years .~merican Heritage program for Children of the .4anerican Revolution inx'oh'es
leanfing about the life and accomplislnnents of George Washh~gton. Meinbers of Fit~r
George VCeissetffels Societx', here hi Pahn Beach Count3.', would like the mayor to issue a
proclamation to honor the 200th mmiversarx' of his death on December 14, 1999. Could
you please put this on your agenda for rite December 7. 1999 meeting. Possibly xxe could
have someone attend file meeting to receive it. Does fl~e City have any evenls plmmed to
commemorate this day?
Thank you.
Proclamation
}fTtereas December 14, 1999. is file 200fl~ amfiversarv of the death of George
Washington_ the father of our Nation and the protector of our liberlies
Whereas xx'e should remember fl~e lit~ of George ~'ashington and his contributions to the
Nation.
Whereax the standards established bx' George VCashington's steadfast character and
devotion to dulx' continue to inspire all men and women in fl~e service offl~eir country and
in the condnct of their private Iix'es;
}}7terea.~ the Mount Vernon Ladies' Association of the Union. which maintains the
Mounl Vernon estate and directs research and edncation programs relating to George
Washington's contribution to onr national life. has requested all .Mnericans to participate in
fl~e observance ol'flfis amfiversary:
~"hereas bells should be caused to toll at places of worship and institutions of learning
for fl~e duration of 1 mhmte commench~g at 12 o'clock noon. central standard time.
flxroughout the Nation, on file 200fl~ amfiversarv of the death of George VCaslfinglon:
Dhereas the flag of the U~fited States should be lowered to half staffon the 200th
amfiversarv of fl~e deafl~ of George VCashh~gton; and
~'7tereas the example set bx' George VCashington is of the ntmost importance to fl~e
fim~re of the Nation. and it is the responsibilit3. · of private and government hlsfitufions to
prepare for the observation of the 200th amfix'ersarv of the death of George Washington.
Tuesday. November 16. 1999 2:30 PM To: Nilza city ma.~agers office From: c kopp, 5613910564 Page: 3 of 3
Now, therefore. L Jay Alperhz Mayor of Delrav Beach. proclaim. Decelnber 14, 1999
as the
200th Anniver,~ary
of the death of
George li/a.~hington.
in Deh'av Beach.
Wednesd~;, November 10 1999 4:04 To: City Clerks office-Sue/NJlza From: c kopp 5613910564 Page: 1 of 3
Name: c kopp
ComI>any:
Voice Ntwnber; 561391 (1454
boca raton, fl 33486
Date: Wednesday, November 10, 1999
TotalPage..' s' 3
Subject'
Name: City Clerks office--Sue/Nilza
Company:
Voice Number:
Fax Number: 243-3774
[ ] ohotics®
This fax' .,at sent usin~ RapidComm software from www. 3com. corn
AGENDA ITEM NUMBER: ~?,/~.
AGENDA REQUEST
Request to be placed on: Date: December 1, 1999
X Regular Agenda __ Special Agenda __ Workshop Agenda
When: December 7, 1999
Description of agenda item:
City Commission is requested to approve an Agreement for Lobbying Services with Kathleen
Daley and Associates, Inc. from October 1, 1999 to September 30, 2000 in the amount of
$48,000. Funding is available in account number 001-1111-~Z:34.90.
ORDINANCE/RESOLUTION REQUIRED: YES NO X
Draft A~ohed: YE8 NO
Recommendation: Approval
Depa.ment Head Signature: ~~~~
Determination of Consistency with Comprehensive Plan:
Ci~ 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 Number: 0~111 I--~
Account Description: ~ ~~~ ~.
Account Balance: ~; O~-
Ci~ Manager Review:
Approved for agenda:~ ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
P.O.~
£1T¥ DF DELI:II:I¥ BEI:I£H
AII-AmericaCity ~00 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 - 561/243-7000
1993
TO: David T. Harden
City Manager
FROM: ~j/Robert A. Barcinski
Assistant City Manager
DATE: December 1, 1999
SUBJECT: Agenda Item ~/~ City Commission Meeting December 7, 1999
Agreement for Lobbying Services
ACTION
City Commission is requested to approve an Agreement for Lobbying Services with
Kathleen Daley and Associates, Inc. from October 1, 1999 to September 30, 2000 in the
amount of $48,000. Funding is available in account number 001-1111-511-34.90.
BA CKGR 0 UND
Attached is a proposed Agreement for Lobbying Services with Kathleen Daley and
Associates, Inc. The amount of the agreement is the same as it has been the last several
years. Terms and conditions have not changed. Services provided under this contract
include providing the City lobbying assistance and representation with the Governor and
Cabinet, local State Legislatures, County Commissioners and Federal officials. The
lobbyist attends legislative committee meetings, regular legislative sessions, special
sessions, as needed, and other meetings as required. She also interfaces with the
Municipal League assisting the City in coordinating its efforts with the League
Ms. Daley has been the City lobbyist for 12 years. In the past, she has been instnnnental
in obtaining grant funding for Old School Square; ensuring that Beach Re-nourishment
legislation and funding have benefited the City. Ms. Daley has assisted in defeating
legislation detrimental to the CRA and helped rewrite state statutes affecting CRA's. She
has drafted legislation to expand wastewater reuse options without jeopardizing funding,
assisted in obtaining grant funding for the Sandoway House, assisted the City in working
with FPL to get turtle lights on A-l-A, and worked with the Municipal League on issues
affecting cities.
THE EFFORT ALWAYS MATTERS ~;~. /~,
Agenda Item City Commission Meeting December 7, 1999 Agreement for Lobbying Services
Page #2
Key issues for which lobbying services will be needed this year include: Beach Re-
nourishment Legislation, Solid Waste legislation, telecommunications and franchise fee
legislation, cigarettes tax replacement, and changes to Comp Plan Legislation.
We have found in the past that it is beneficial to have a lobbyist based in Tallahassee,
especially when committees and the legislature are in session.
RECOMMENDATION
Staff recommends approval of the Agreement for Lobbying Services with Kathleen
Daley and Associates, Inc. in the mount of $48,000 from October 1, 1999 to September
30, 2000. Funding is available in account number 001-1111-511-34.90.
RAB/tas
File: u: sweeney/agenda
Doc: daley 99-00
AGREEMENT FOR LOBBYING SERVICES
As Government Affairs Consultant/Lobbyist for the City of Delray
Beach, I, Kathleen Daley, an equal partner of Kathleen Daley & Associates,
Inc., a public relations/political consulting/governmental affairs firm, will
continue to represent the interest of the City before the Governor and Cabinet,
state agencies, and the Florida Legislature, which representation would include
attendance at all necessary House and Senate committee meetings during each
calendar year, necessary delegation meetings, as well as the regular session and
any relevant special sessions of the Florida Legislature, and continue to monitor
all legislation affecting municipalities on behalf of the City of Delray Beach.
As Governmental Affairs Consultant/Lobbyist for the City of Delray
Beach, and managing partner of the account, working in conjunction with the
Dleray Beach City Council, the Delray Beach City Manager, and other such
staff persons within the City Administration as they are related to my duties on
behalf of the City.
I will make myself available to the above mentioned persons and offices
on both regular and "as needed" basis for the meetings and discussions related
to my duties on behalf of the City.
It is submitted that my services would be initially contracted for a period
of one (1) year from October 1, 1999 to Oetober-t, 2000, to be reviewed for
renewal by the Commission at the end of said period.
Kathleen Daley & Associates, Inc. is willing to undertake the foregoing
representation on the following basis:
1. Kathleen Daley & Associates, Inc. will be paid a retainer in the
total amount of $48,000 for the contracted period due in twelve (12) equal
monthly installments payable by the 30th of each month beginning in October of
1999.
2. Any additional "special project" work which may be requested at
any time by the City Commission of the Office of the City Manager, and which
falls outside of my realm of duty as Governmental Affairs Consultant/Lobbyist
for the City, will be contracted for separately and on a special project basis.
3. Either the City of Delray Beach or Kathleen Daley & Associates,
Inc. may terminate this agreement at any time, pursuant to the following:
(i) If terminated by the City of Delray Beach at any time during the
contracted period, for other than good cause, Kathleen Daley & Associates, Inc.
will retain the total amount of $48,000.
(ii) If terminated by the City of Delray Beach at any time during the
contracted period, for good cause, Kathleen Daley & Associates, Inc. will retain
a prorated to-date portion of the total amount of $48,000. Good cause shall
include, but not be limited to, the arrest of any of the principals of Kathleen
Daley & Associates, Inc. and/or conduct by any of the principals of Kathleen
Daley & Associates, Inc. which may subject the City of Delray Beach or
Kathleen Daley & Associates, Inc. to negative publicity which would hamper
the effectiveness of Kathleen Daley & Associates, Inc. in fulfilling their
obligations under this agreement.
(iii) If terminated by Kathleen Daley & Associates, Inc. at any time
during the contracted period, Kathleen Daley & Associates, Inc. will retain a
prorated to-date portion of the total amount of $48,000.
4. This Agreement shall be executed as an original and three
counterparts.
WITNESSES: KATHLEEN DALEY & ASSOCIATES INC.
'/Kathleen E. Dal[ey' ' - --/.)
.ATTEST: CITY OF DELRAY BEACH, FLORIDA
City Clerk By
Mayor
Approved as to form:
~City Attorney
[ITY I)F I)ELIII:IY BEI:I[H
CITY ATTORNEY'S OFFICE~°° ~TM^~' ~^~'~^~", ~.,~o.,~^ ~..
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH Writer's Direct Line: 561/243-7091
Ali. America City
$o m r 9,,9o9
1993
TO: City Commission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Sidewalk Deferral Agreement - Jennings Commercial Building
The attached agreement is between the City and Russell B. Jennings, Inc., the owner of
the property, to allow the waiver of the requirement to construct a sidewalk adjacent to
Dixie Highway until such time as the City requests the sidewalk to be constructed. If the
City requests the owner to construct the sidewalk, it shall be at the owner's sole cost and
expense and in accordance with all current ordinances of the City of Delray Beach. This
Agreement shall run with the land and be binding on the parties' heirs, assigns and
successors.
By copy of this memorandum to David Harden, our office requests that this Agreement
be placed on the City Commission December 7, 1999 agenda for Commission approval.
Attachment
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Janet Meeks, Senior Planner
Planning & Zoning Department
MEMORANDUM
TO: BRIAN SHUTT ~
FROM: JANET MEEKS, SENIOR PLANNER
DATE: NOVEMBER 16, 1999
RE: JENNINGS COMMERCIAL BUILDING
At its meeting of September 22, 1999, the Site Plan Review and Appearance Board
approved site and development plans for Jennings Commercial building which is to be
located on the west side of North Federal Highway, south of Gulfstream Boulevard. The
development proposal is for a two-phased project including the construction of a 7,140
square foot, 2-story commercial building for an electrical contractors office (Jennings) to
be located along Dixie Highway, and a future one-story retail building which is to be
located along Federal Highway (see site plan).
The Board approved a waiver to the requirement to install the sidewalk at this time with
a condition that the applicant enters into a sidewalk deferral agreement. Attached is a
copy of the executed agreement. Please review and schedule this item for action by the
City Commission at your earliest convenience.
THANKS!
CC;
document2
11/01/99 M0N 18:00 FAX 561 278 4755 DEL BCH CTY ATT¥ ~002
AGREEMENT FOR
SIDEWALK IMPROVEMENTS
THIS AGREEMENT entered into this 9t___h_h day of November ,
1999 , between the City of Delray Beach (hereinafter the City) and
Russell B. Jennings, Inc. , (hereinafter the Owners), for the purpose of waiving
the requirement of the installation of a sidewalk along Dixie Highway until such time
as the City requests the construction of the sidewalk by the Owner.
WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a
sidewalk, within the ~.'~.e., ~.h~,-,, df .. . right-of-way immediately abutting the subject
property, by the Owner prior to the issuance of a certificate of occupancy; and,
WHEREAS, the Owners have requested a waiver from the requirement of the installation
of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and,
WHEREAS, in order to provide conformity along the street the City Commission voted
to waive the requirement for the installation of a sidewalk until such time as the City requests the
Owner construct the sidewalk.
WITNESSETH
NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to
waive the requirement for the installation of a sidewalk, at this time, for the property located at:
Lot 1~, D~.lr~y Beach .~:state..s
1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the
~)'~/('~ c ~\~,..), right-of-way abutting the subject property, within a time period
11/01/99 MON 18:00 FAX 561 278 4755 DEL BCH CTY AT~Y ~003
that is acceptable to the City, after being requested to do so by the City. The sidewalk, when
constructed, shall meet all of the current ordinances of the City of Delray Beach.
2. It is the intent of the parties that this Agreement shall mn with the land. This
Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be
binding on the parties legal representatives, heirs, successors and assigns.
IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this
(Please type or pant ~ame)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~5~4q day of
d/)~J~'/~/~ , ~t~4q by ~1.1.55m_/.._.. 3-~/x//01~J65 (name of officer or
agent), of ~X/~S~LL ~. ~bJ/Jl~0b~t'~/k~(name of corporation), a t0C/~g-¢ 0¢ (State or
place of incorporation) corporation, on behalf of the corporation. (~She is personally known to
m..~e 9r has produced (type of identification) as identification and
did/did not take an oath.
~'~.~'~4[Ir BXPII~E3:Sep30,2~03, i Signature of Notary Public -
~_~G_,?t_nn_ ~_,,~_ _~s_c,_~ _sc~_._~__~x_ ! State of Florida
11/01/99 ~ON 18:01 FAX 581 278 4755 DEL BCH CTY A'I~Y ~004
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor '
Approved as to form and sufficiency:
City Attorney
[lTV OF DELRI::I¥ BEI:lgH
DELRA¥ BEACH
AIliAmericagity ~00 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 561/243-7000
1993
Mr. Fran Marincola
Caf~ Luna Rosa
36 S. Ocean Boulevard B4
Delray Beach, FL 33483
Re: Parking License Agreement
Dear Fran:
Your request to approve an amendment to the Parking License Agreement with Caf6 Luna Rosa
was approved by City Commission per the attached agenda memo. The Agreement is dated
February 17, 1999 to permit daytime valet service, 11:00 a.m. to 11:00 p.m. from December 15th
through April 30th each year the agreement is in effect.
If you have any questions or problems, please call me at 243-7011.
Sincerely,
Robert A. Barcinski
Assistant City Manager
RAB/tas
File:u:sweeney/parking
Do¢:caf~ luna rosa agmt
THE EFFORT ALWAYS MATTERS
Pdnted on Recycled Paper
£1T¥ OF DELRI:I¥ BEI3[H
jlji.j~caC~i~ 100 N.W, 1st AVENUE · DEl_RAY BEACH, FLORIDA 33444. 561/243-7000
t 993
TO: David T. Harden
City Manager
FROM: ~ Robert A. Barcinski
r
Assistant City Manager
DATE: December 1, 1999
SUBJECT: Agenda Item ~__d City Commission Meeting December 7, 1999
Amendment Parking License Agreement
ACTION
City Commission is requested to approve an amendment to the Parking License
Agreement with Caf6 Luna Rosa dated February 17, 1999 to permit daytime valet
service, 11:00 a.m. to 11:00 p.m. from December 15 through April 30 each year the
agreement is in effect.
BA CKGR 0 UND
A request was received from Mr. Marincola to amend the existing agreement to allow
valet parking Sunday through Monday from 11:00 a.m. to 11:00 p.m. The existing
agreement allows valet parking Monday - Friday from 5:00 p.m. to 1:00 a.m. and
Saturdays and Sundays from 11:00 a.m. to 11:00 p.m. Staff reviewed the proposal and
had no problems with the request. The Parking Management Advisory Board at their
meeting held on November 23, 1999 unanimously recommended approval.
RECOMMENDATION
Staff recommends approval of the amendment to the Parking License Agreement with
Caf6 Luna Rosa to allow valet service seven days a week from 11:00 a.m. to 11:00 p.m.
from December 15th through April 30th each year.
RAB/tas
File: u: sweeney/agenda
Doc: amendment parking license agmt
THE EFFORT ALWAYS MATTERS
Pr'intecl ~ Recycled Paper
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on: Date: December 1, 1999
X Regular Agenda ~ Special Agenda ~ Workshop Agenda
When: December 7, 1999
Description of agenda item:
City Commission is requested to approve an amendment to the Parking License Agreement with
Caf~ Luna Rosa dated February 17, 1999 to permit daytime valet service, 11:00 a.m. to 11:00
p.m. from December 15th through April 30th each year the agreement is in effect.
ORDINANCE/RESOLUTION REQUIRED: YES NO X
Draft Attached: YES NO
Recommendation: Approval
Department Head Signature: "~~ ,,'2 ~'~
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 Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:(~ ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
P.O.#
1999 10:45 FROM: CAFFE LUNA ROSA ·. 561-P74-9957 TO: 561~45T166 P. 001x001
34 $. Ocean Boulevard
Delray Beach, Florida 33483
(56]) 274-9404
November 22, 1999
Robcrt Barcinski
Assistant City Manager
100 NW 1st Avenue
Delray Beach, FL 33444
RE: Parking Que
Dear Bob~
I would like to extend thc hours of our current parking que which is now operating 365 ia a
year on weekdays from 5:00 pm to 11:00 pm and weekends from 11:00 am to 11:00 pm. The aension
that we would like is from 11:00 am to 11:00 pm on weekdays from December 15th to April 3 edal!i This
is strictly on an experimental basis. It lo°ks like it's needed when we havc busy lunches durin ~e
winter months.
Can you get this on the November parking agenda'/ Let me know. Thank you.
Sincerely,
Fran Marincola
FM/fls
sent via fax: page I of I
£1TY I]F DELAI:IY BEI:I[H
DELRAY BEACH
~.lJ-/~ll~rJcaCJ~ 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 561/243-7000
1993
Mr. Fran Marincola
Caf6 Luna Rosa
34 S Ocean Boulevard
Delray Beach, FL. 33483
RE: Daytime Valet Parking
Dear Fran,
Your request to expand daytime valet parking to seven (7) days a week 1lAM to
11PM, from 12/15/99 through 4/30/00 was approved by the Parking Management
Advisory Board on 11/23/99. I will process the amendment to the contract for City
Commission approval on 12/7/99.
If you have any questions please call me.
Sincerely,
Robert A. Barcinski
Assistant City Manager
File:allen/asmemos
DOC:FM 112499
THE EFFORT ALWAYS MATTERS
Pfinted on Recycled Paper
AMENDMENT TO PARKING LICENSE AGREEMENT
THIS AMENDMENT to the Parking License Agreement dated February 17, 1999 is
made this day of ,1999 by and between the CITY OF DELRAY BEACH, a
Florida municipal corporation (the "CITY"), and CAFFE LUNA ROSA, INC. a Florida
corporation ("LICENSEE").
WITNESSETH:
WHEREAS, the CITY and LICENSEE entered into a Parking License Agreement
dated February 17, 1999 (the "Agreement"); and
WHEREAS, a six month extension was previously granted by the CITY; and
WHEREAS, LICENSEE has requested a modification to the Parking License
Agreement to extend the hours of the current parking queues as set forth in this agreement.
NOW THEREFORE, in consideration of the covenants and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree
as follows:
1. Paragraph 2 of the Agreement entitled "Parking Queues" is hereby modified in
its entirety to read as follows:
2. Parking Queues. The CITY agrees to allow LICENSEE the non-
exclusive use of four (4) parking spaces located on the fourth through seventh spaces
on the south side of Atlantic Avenue, west of A-1-A for valet parking queues. The
parking spaces are to be used for valet parking queues daily between the hours of 5:00
p.m. and 1:00 a.m., Monday through Friday and between the hours of 11:00 a.m. and
11:00 p.m. on Saturday and Sunday; provided, however, that on Monday through
Friday, between December 15 through April 30, the parking spaces to be used for valet
parking queues may be used between the hours of 11:00 a.m. to 11:00 p.m.
LICENSEE acknowledges that the valet parking queues may be unavailable for use
during certain special events from time to time (as determined in the CITY'S sole
discretion) and during the special events the license will not be valid. It is also
understood by the terms of this Agreement that the valet queue location may from time
to time be re-located by the CITY in its sole discretion after providing thirty (30) days'
written notice to LICENSEE. The valet queues assigned may also be shared by other
licensees who enter into a "Parking License Agreement" with the CITY. The City
Police Department is assigned enforcement responsibilities for the provisions of this
Agreement regarding the location, time, days of the valet service, parking limitations
and requirements, and compliance with all applicable laws and ordinances.
2. Paragraph 7 of the Agreement entitled "Term and Renewal" is hereby modified
in its entirety to read as follows:
7. Term and Renewal. The term of this Agreement shall be for one (1)
year from the date written above. The license may be renewed annually following
receipt of a written notice form LICENSEE that LICENSEE desires to continue using
the parking spaces for valet parking queue, if the City Manager determines in his sole
discretion that the renewal is in the best interest of the CITY.
3. Other Terms. All other terms and conditions of the Agreement entered into on
February 17, 1999, including all paragraphs not expressly modified by this amendment, shall
remain in full force and effect binding on the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this ~ day of ,1999.
THE CITY OF DELRAY BEACH,
ATTEST: a Florida Municipal Corporation
By:
City Clerk
Mayor
Approved as to form:
~City Attorney
CAFFE LUNA ROSA, INC.
a Florida Corporation
By:
(SEAL) Name Printed:
Title:
2
STATE OF FLORIDA
COUNTY OR PALM BEACH
The foregoing instrument was acknowledged before me this day of
, 1999 by ., as
of , a corporation, on
behalf of the corporation.
Notary Public
(OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
I CITY COMMISSION DOCUMENTATION
TO: D/~ID T. HAI~'DEN, CI~TY MANAGER
FROM: JEFFREY A. COSTELLO, PRINCIPAL
SUBJECT: MEETING OF DECEMBER 7, 1999 **CONSENT AGENDA**
ABANDONMENT OF A 7.5' EASEMENT AND ACCEPTANCE OF A '15' SANITARY
SEWER EASEMENT, ASSOCIATED WITH THE EXPANSION OF BOCA DELRAY
ANIMAL HOSPITAL.
I BACKGROUND AND ANALYSIS
The action requested of the City Commission is approval of the abandonment of a 7.5' easement for
utilities and ditch purposes, lying along the east side of Lot 61, within the Second Addition to Country
Club Subdivision, and acceptance of an exclusive 15' sanitary sewer easement. The abandonment
area (7.5' width x 130' length) is located on the north side of Jefferson Road, east of Military Trail. On
January 5, 1999, the City Commission approved the annexation, small scale Future Land Use Map
amendment and initial zoning of Lot 61 to GC (Ordinance 49-98) in conjunction with a conditional use
modification for a 2,000 sq.ft, expansion for Boca Delray Animal Hospital on Lots 62 and 63. The
single family residence on Lot 61 was demolished in September to accommodate the expansion of
the hospital. On October 18, 1999, the Planning and Zoning Board approved a conditional use
modification to increase the expansion floor area by an additional 500 sq.ft. (2,500 sq.ft, total). On
November 3, 1999, SPRAB approved the site plan modification to accommodate the expansion.
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 has requested a 15' wide exclusive sanitary sewer
easement to accommodate the installation of a deep sanitary sewer main. This main will connect to
the sewer system within Delray Plaza West to the north, and a manhole will be set within Jefferson
Ro.ad for future service connections. The deed has been executed by the applicant and is ready for
acceptance by the City Commission. All utility companies (Adelphia Cable, FPL, Florida Public
Utilities Company, BellSouth) reviewed the abandonment and have no objection. Planning and
Zoning Board review is not required for the abandonment of easements.
I RECOMMENDED ACTION
By motion, approve the abandonment of a 7.5' easement lying along the east side of Lot 61, Second
Addition to Country Club Acres, through the enactment of Resolution 42-99, and accept the exclusive
sanitary sewer easement.
Attachments:Plat Survey
Exclusive Sanitary Sewer Easement Deed
RESOLUTION NO. 42-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE 7.5
FOOT UTILITY EASEMENT LOCATED ALONG THE EAST SIDE OF
LOT 61 (LESS THE NORTH 20 FEET THEREOF), SECOND EDITION
TO COUNTRY CLUB ACRES AS RECORDED IN PLAT BOOK 24, PAGE
21 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AS MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO
ACCEPTANCE OF AN EASEMENT DEED GRANTING TO THE CITY
OF DELRAY BEACH A 15 FOOT SANITARY SEWER EASEMENT, AS
THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, AIJ,
ASSOCIATED WITH THE EXPANSION OF BOCA DELRAY ANIMAL
HOSPITAL LOCATED AT 1488 SOUTH MILITARY TRAIL, DELRAY
BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of the
east 7.5 feet ora utility easement located along the east side of Lot 61, Second Edition to Country Club Acres, as
more particularly described herein; said property being located on the north side of Jefferson Road, east of
Military Trail, and associated with the expansion of the Boca Delray Animal Hospital; and
WHEREAS, the application for abandonment of said easement was processed pursuant to
Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development Regulations of the City, of
Dekay Beach, Florida; and
WHEREAS, pursuant to LDR Sechon 2.4.6(P)(3)(c), the City Engineer has forwarded the
application to the City Commission with the recommendation that the abandonment be approved, based upon
positive findings and sul)ject to conditions; and
WHEREAS, the City Commission of the City of Dekay Beach, Florida, pursuant to LDR
Section 2.4.6(P)(5), finds that the abandonment will not result in detriment for the provision of utility 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
easement, subject to receipt and acceptance of a deed granting to the City an exclusive easement 15 feet in width
for sanitary sewer purposes, as more particularly described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing recitals are hereby incorporated herein by this reference.
Section 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, subject to
receipt and acceptance of a deed granting to the City of Delray Beach an exclusive easement 15 feet in width for
sanitary sewer purposes, more particularly described as follows:
Legal Description of Area to be Abandoned:
The east 7.5 feet of Lot 61, less the North 20.00 feet thereof, Second Addition to
Country Club Acres as shown in Plat Book 24, Page 21 of the Public Records of
Palm Beach County, Florida; the said North 20.00 feet being part of a 20.00 foot
wide easement which runs east/west along the north line of said Plat.
Containing 975 squaxe feet (0.02 acres), more or less.
Section 3. That the abandonment hereinabove described shall not become effective and this
Resolution No. 42-99 shall not be recorded in the Public Records of Palm Beach County, Florida, unless
concurrent with that particular Easement Deed granting to the City of De[ray Beach an exclusive easement 15
feet in width for sanitary sewer purposes, more particularly described as follows:
Description of Easement:
An easement 15.0 feet in width for sanitary sewer purposes, more particularly
described as follows:
The West 15.0 feet of the East 22.5 feet of Lot 61, less the North 20.0 feet
thereof, Second Addition to Country Club Acres, as shown in Plat Book 24 at
Page 21 of the Public Records of Palm Beach County, Florida; the said North
20.0 feet being part of a 20.0 foot wide easement which runs east/west along the
North line of said Plat.
Containing 1,950 square feet or 0.04 acres, more or less.
PASSED AND ADOPTED in regular session on this the 7~h day of December, 1999.
ATTEST:
: -2- Res. No. 42-99
Prepared by: RETURN:
Jay T. Jambeck, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33~.~?.
EASEMENT DEED -
TtHS INDENTURE, made this ?.2? ~Cday of ~,~,,.~.. , 1999, by and between
BOCA DELRAY ANIMAL HOSPITAL, with a mai'ting address of 1488 South Military "
Trail, Delray Beach, Florida 33484, party of the first part, and the CITY OF DELRAY
BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 334~.~., a
municipal corporation in Palm Beach County, State of Florida, party of the second part: ' :..'
WITNESSETH: That the party of the first part, for good and valuable consideration , ...:
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 exclusive perpetual easement for the purpose of:
installation and maintenance of underground public utilities with full and free right, liberty,
and authority to enter upon and to install, operate, and maintain such underground utilities
under or within the following described property located in Palm Beach County, Florida, to- :.'
wit: :
DESCRIPTION '.i"-":"'. ':'~ :. ':':':'.
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 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 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. 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 and year first above written.
WITNESS gl: PARTY OF THE FIRST PART
(name printed or typed)
(name printed or typed)
The foregoing instrument was acknowledged before me this g2'~dday of
~ r~ 1999 by
or agent) of
~f4/4'fl~' (state or place of incorporation) corporation, on behalf of the
corporation. He/She is perso~lly known to me or has produced
(type of identification) as idemification and ~e an oath.
&lrav animaI.DED
boca
SKETCH OF DESCRIPTION
UTILITIES AND DITCH ~1
I
='-- NO TEE:
15.00.' q TH/s IS NOr A sURVEY
~ ~ = CENTERLINE
I I ~l DESCRIPTION OF UTILITY EASEMENT:
UTILITIES PURPOSES, MORE PARTICULA~L Y
DESCRIBED A S FOLL 0
~ ~ THE WEST 15.0 FEET OF THE EAST 22.5
FEET OF LOT 61, LESS THE NORTH 20.0
~ FEET THEREOF, 5ECONO ADDITION TO
COUNTRY CLUB ACRES, AS SHOWN IN PLA T
~ BOOK 24 ON PAGE 21 OF THE PUBLIC
~ ~ RECORDS OF PALM BEACH COUNTY, FLORIDA,
~ THE SAID NORTH 20.0 FEET BEING PART OF
~ ~ A 20.0 FOOT WIDE EASEMENT WHICH RUNS
EAST-WEST ALONG THE NORTH LINE OF
~ SAID PLAT.
CONTAINING ~,950 SOUARE FEET OR 0.04
ACRES, MORE OR LESS.
EXHIBIT "A "
SHE. E)' 1 OF 1.
.
~ JEFFERSON
..'
~RDER ND. ~--~D2'A' (56~) 276~5D~ (56~ 7~2-~27~
FROM: DANIEL J. MARFINO, SENIOR PLANNER ;~r'~'~
SUBJECT: MEETING OF DECEMBER 7, `1999 *CONSENT AGENDA*
ABANDONMENT OF A PORTION OF THE DIXIE HIGHWAY RIGHT-OF-WAY,
DIRECTLY ADJACENT TO LOT '18 OF THE PLAT OF DELRAY BEACH ESTATES,
APPROXlMATLEY 3'15 SOUTH OF GULF STREAM BOULEVARD.
The request involves abandoning a 20.26' by 101.24' rectangular shaped parcel, containing 2,025 square
feet (0.05 acres). The parcel represents a 20-foot westerly extension of Lot 18 of Delray Beach Estates,
as the north and south lines are direct extensions of the north and south lines of Lot 18. The
abandonment request was submitted by the owner of Lot 18 (1.04 acres), Russel B. Jennings, who
intends to aggregate the parcels and develop an 1'1,356 square foot, two (2) building
industrial/commercial complex on the site.
The proposed abandonment will reduce the Dixie Highway right-of-way to 60 feet, which is the standard
width for a local road. Dixie Highway is classified as a "local road". Thus, this abandonment would not
impair future expansion of Dixie Highway from its current two-lane configuration.
The subject right-of-way is unimproved, however municipal water & sewer mains are located within the
subject area. The utilities will remain in their present location, and a replacement utility easement must be
provided.
At its meeting of September 27, 1999, the Planning and Zoning Board considered the request at a public
hearing. Two people spoke in opposition of the proposed abandonment. Bill Schwartz, representing the
Progressive Residents of Delray (PROD), felt that taxpayers may have to buy the parcel back in the
future for roadway expansion. Another individual not directly affected by this abandonment supported
PROD's position. After reviewing the staff report and discussion, the Board voted 6 to 0 to recommend
apprOval, subject to the dedication of a replacement easements to cover existing utilities. Board member
Dan Carter recused himself from this vote as he is the landscape architect for this project.
By motion, approve the abandonment of right-of-way and accept a replacement easement to cover the
existing utilities based upon positive findings with respect to LDR Section 2.4.6(0)(5).
Attachment:
· AbandonmentResolution ~ ~
· P & Z Staff Report of September 27, 1999 ,/~//?,//?~
S:\ P&Z~boards\citycommission\jenningsaban.doc
RESOLUTION NO. 78-99
A R_[SSOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELILAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF THE ROAD RIGHT-OF-WAY FOR OLD DIXIE
HIGHWAY LYING WEST OF AND ADJACENT TO LOT 18, DELRAY
BEACH ESTATES, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 21 AT PAGE 13 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND
RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC
AND PRIVATE UTILITIES OVER THE WEST TEN FEET AND THE
NORTH TEN FEET OF THE EAST TWENTY FEET OF THE ROAD
RIGHT-OF-WAY FOR OLD DIXIE HIGHWAY LYING WEST OF AND
ADJACENT TO LOT 18, DELRAY BEACH ESTATES, AS MORE
PARTICULARLY DESCRIBED HEREIN.
WH[;REAS, an application for abandonment of the east twenty feet of the eighty foot road
right-of-way for Old Dixie Highway lying west of and adjacent to Lot 18, Delray Beach Estates, as more
particularly described herein, was received by the City of Delray Beach; and
WHEREAS, the application for abandonment of a portion of said road right-of-way was
processed pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development
Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the Planning and Zoning Board, as
Local Planning Agev. cy, formally reviewed the matter at a public heating on September 27, 1999, and voted
unanimously to recommend approval of the abandonment, based upon positive findings pursuant to LDR
Section 2.4.6(O)(5), and subject to conditions; 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 fight-of-way, based upon positive findings pursuant to
LDR Section 2.4.6(())(5), but does not abandon and retains and reserves unto itself a utility easement over
the west ten feet and the north ten feet of the east twenty feet of the road right-of-way for Old Dixie
Highway lying west of and adjacent to Lot 18, Delray Beach Estates, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, [LORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it
is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it
holds to the following real property for roadway purposes only, but does not abandon and retains and
reserves unto itself a utility easement over a portion thereof, more particularly described as follows:
The east 20.0 feet of the 80.0 foot road right-of-way for Old Dixie Highway
lying west of and adjacent to Lot 18, De[ray Beach Estates, according to the
Plat thereof as recorded in Plat Book 21 at Page 13 of the Public Records of
Palm Beach County, Florida, bounded on the north by the westerly extension
of the north line of said Lot 18 and bounded on the south by the westerly
extension of the south line of said Lot 18, Delray Beach Estates.
Section 2. That the Delray Beach City Commission hereby retains and reserves unto itself
a utility easement over the west ten feet and the north ten feet of the east twenty feet of the eight5, foot road
right-of-way for Old Dixie Highway lying west of and adjacent to Lot 18, Delray Beach Estates, according
to the Plat thereof as recorded in Plat Book 21 at Page 13 of the Public Records of Palm Beach County,
Florida, bounded on the north by the westerly extension of the north line of said Lot 18 and bounded on
the south by the westerly extension of the south line of said Lot 18, Delray Beach Estates, 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 AND ADOPTED in regular session on this the 7m day of December, 1999.
ATTEST:
...... "-City- lerlt '- -
-2- Res. No. 78-99
GULF STREAM BOULEVARD
COUR TS ~ ~ ' ~
N - ABANDONMENT -
~ FOR JENNINGS COMMERCIAL BUILDING
:,~ o~ ~ ,~:.. ~ (20' PORTION OF OLD DIXIE HIGHWAY)
PLANNIN~ ~ Z~N~ D~PART~ENT
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: September 27, 1999
AGENDA ITEM: W.A.
ITEM: Abandonment of a Portion of Old Dixie Highway in Association with
Jennings Commercial Boilding, Located on the East Side of Old
Dixie Highway, Approximately 315' South of Gulf Stream Boulevard
I CLIFF' STREAM .... BOULEVARD
GENERAL DATA:
Owner ..................................... Russell B. Jennings, Inc.
Applicant ................................. Tom Cuenot
Agent ...................................... Roy M. Simon, AIA
Location .................................. East side of Old Dixie Highway, approximately 315' south of Gulf
Stream Boulevard
Property Size .......................... 0.05 Acre
Land Use Map Designation .... General Commercial
Existing'City Zoning ................ GC (General Commercial)
Adjacent Zoning ............ North: GC
East: GC
South: AC (Automotive Commercial)
West: MIC (Mixed Industrial & Commercial)
Existing Land Use .................. Vacant Land
Proposed Land Use ................ Abandonment of a portion of right-of-way (20' of Old Dixie
Highway) to be incorporated as part of the proposed
construction for Jennings Commercial Building
Water Service ......................... Available via connection to an existing 8" water main in
Old Dixie Highway.
Sewer Service ......................... Available via connection to an existing 8" sewer main in
Old Dixie Highway.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of a portion of the Dixie Highway
right-of-way, directly adjacent to Lot 18 of the Plat of Delray Beach Estates,
approximately 315 feet south of Gulf Stream Boulevard.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(0), Abandonment of Rights-of-Way.
[ . , BACKGROUND ~. ]
The subject parcel is located on the east side of Dixie Highway, approximately
315 feet south of Gulf Stream Boulevard. This portion of Dixie Highway was
dedicated with the recordation of the Plat of Delray Beach Estates (Plat Book 21,
Page 13, of the Public Records of Palm Beach County, Florida), in July of 1946.
Currently the subject area is vacant, with the exception of the remnants of an
east-west shell rock drive, running through the middle of the parcel.
ABANDONMENT DESCRIPTION
The subject area is a 20.26' by 101.24' rectangular shaped parcel, containing
2,025 square feet (0.05 acres). The parcel represents a 20-foot westerly
extension of Lot 18 of Delray Beach Estates, as the north and south lines are
direct extensions of the north and south lines of Lot 18.
The abandonment request was submitted by the owner of Lot 18 (1.04 acres),
Russel B. Jennings, who intends to aggregate the parcels and develop an 11,356
square foot, two (2) building industrial/commercial complex on the site. The
applicant has concurrently submitted for site plan approval for the intended
project.
Currently the Dixie Highway right-of-way from Gulf Stream Boulevard, south to
the north line of parcel 707 (H & H Carpet Site) measures 80 feet in width. If the
subject area is abandone.:l, the Dixie Highway right-of-way will be reduced to 60
feet, which is the standard width for a local road. Originally the applicant had
requested to abandon the east 30 feet of the right-of-way. However, the
Development Services Management Group (DSMG), at its meeting of August 26,
1999 decided that it would not support reducing the Dixie Highway right-of-way to
less than 60 feet. Consequently the applicant modified the application to include
only the east 20 feet.
Planning and Zoning Board Staff Report
JenningslDixie Highway R-O-W Abandonment
Page 2
ABANDONMENT ANALYSIS
Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned
(returned) to the adjacent property to the same degree in which it was originally
obtained, i.e. property dedicated exclusively from a single parcel shall be
returned to that parcel; property dedicated through subdivision shall be divided at
the center line and returned equally to abutting parcels.
Accordingly, the Applicant is entitled to the entirety of the subject abandonment,
as it was dedicated entirely from Lot 18, Plat of Delray Beach Estates.
Utility Services
The Environmental Services Department has identified both water & sewer lines
located within the subject area. Environmental Services has no objection to the
abandonment if a replacement utility easement is provided over the affected
area, and provided that no trees are planted over the existing utility mains. The
granting of said easement will be a condition of approval for this abandonment.
The City's Fire Department has reviewed the request and has no objection to the
abandonment. Adelphia Cable, BellSouth, Florida Power & Light, and the Florida
Public Utilities Company have also reviewed the requested abandonment, and
have no objection.
REQUIRED FINDINGS
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 proposed abandonment will reduce the Dixie Highway right-of-way to 60
feet, which is the standard width for a local road. Thus, this abandonment
would not impair future expansion of Dixie Highway from its current two-lane
configuration.
Currently, municipal water & sewer mains are located within the subject area.
The utilities will remain in their present location, and a replacement utility
easement must be provided.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
As the subject parcel only abuts Lot 18 of Delray Beach Estates, which is
owned by the applicant, this abandonment will not prevent access to any
adjacent parcels.
Planning and Zoning Board Staff Report
Jennings/Dixie Highway R-O-W Abandonment
Page 3
C) That the abandonment will not result in detriment to the provision of
access and/or utility services to adjacent properties or the general area.
All utilities currently located in the subject area will remain as they exist. As a
condition of approval a utility easement will be provided for maintenance
purposes.
As previously stated access will not be affected by this abandonment.
The development proposal is within the geographical area requiring review by the
CRA (Community Redevelopment Agency). The CRA considered this
abandonment at its September 2nd meeting, and recommended approval.
The development proposal is not within a geographical area requiring review by
the HPB (Historic Preservation Board), or the DDA (Downtown Development
Authority).
Courtesy Notices:
Courtesy notices have been provided to the following:
Seacrest Homeowners Association
Kokomo Key Homeowners Association
La Hacienda Homeowners Association
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of
the subject property. Letters of objection or support, if any, will be provided at
the Planning and Zoning Board meeting.
As the subject right-of-way is unimproved and there are no plans for its
improvement, its intended use is limited. In addition, this abandonment would
not impair the provision of utility services or access to adjacent lots. The purpose
of the abandonment is to incorporate the vacated area with the adjacent parcel to
the east in an overall development plan. The creation of a utility easement over
the affected area will satisfy all future utility needs.
Planning and Zoning Board Staff Report
Jennings/Dixie Highway R-O-W Abandonment
Page 4
ALTERNATIVE ACTIONS
1. Continue with direction.
2. Recommend to the City Commission approval of the abandonment subject to
positive findings with respect to LDR Section 2.4.6(0)(5).
3. Recommend to the City Commission denial of the abandonment based upon
a failure to make positive findings with respect to LDR Section 2.4.6(0)(5).
L. ' RECOMMENDED ACTION
By motion, recommend to the City Commission approval of the abandonment of
the 20.26' x 101.24' portion of Dixie Highway right-of-way (directly adjacent to Lot
18 of the Plat of Delray Beach Estates), based upon positive findings with
respect to LDR Section 2.4.6(0)(5), subject to the condition that the Official
Resolution abandoning the subject area includes language which establishes a
utility easement over the affected area.
Attachments:
· Location Map
· Reduced Survey
File: S:\Planning&Zoning\P&Z~Jennings Abandonment.doc
[ITY OF DELRflY BEII[H
CiTY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7091
DELRAY BEACH
Ali.America City MEMORANDUM
~ 99~ TO: City Commission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Proposed Right-of-way Use Permit -
Adelphia Business Solutions of Florida
Adelphia Business Solutions of Florida has requested permission to use the City's rights-
of-way in order to provide telecommunications services in the City of Delray Beach.
Adelphia proposes to do this by entering into this Permit Agreement. The Permit
Agreement allows Adelphia to use the City's rights-of-way in accordance with our
ordinances as they exist now or as they may be amended. The City Commission approved
a similar permit agreement with TCG of South Florida for use of the rights-of-way in 1998.
This Permit Agreement provides that Adelphia shall comply with all of the City's
ordinances while using the right-of-way; pay to the City a quarterly fee of 1% of its gross
receipts for recurring local service revenue or make quarterly payments to the City based
on the linear feet of cable in the right-of-way if Adelphia does not provide recurring local
service; allow utilization of its conduits, poles, trenches and other facilities by other
providers or collocate its facilities on the existing facilities of others; and, indenmify and
hold harmless the City concerning its use of the right-of-way.
By copy of this memorandum to David Harden, City Manager, our office requests that this
Permit Agreement be placed on the December 7, 1999 City Commission agenda. Please
call if you have any questions.
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
PERMIT
THIS IS A PERMIT, effective on , 1999, between
the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida, hereinafter
referred to as the "City" and ADELPHIA BUSINESS SOLUTIONS OF FLORIDA, LLC,
hereinafter referred to as the "Company".
WITNESSETH:
WHEREAS, Chapter 95-403, Florida Laws, authorizes competition in the local
exchange telecommunications business, effective January 1, 1996, and provides for alternate
local exchange telecommunications companies to be certified by the Florida Public Service
Commission; and,
WHEREAS, the Company has been certified by the Florida Public Service
Commission as an alternate local exchange telecommunications company and desires to utilize
City right-of-way to serve customers in the City; and,
WHEREAS, the City is currently revising its ordinances governing construction and
use of rights-of-way originating from telecommunications providers; and,
WHEREAS, City is willing to allow telecormnunications providers the use of right-of-
way in order that customers in the City have an increased array of telecommunications choice,
provided that such use will be subject to any future ordinances of the City governing the use of
right-of-way.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the receipt and adequacy of
which are acknowledged, the parties agree as follows:
1. The foregoing recitals are correct and are incorporated into this Permit
Agreement.
2. Subject to all the conditions set forth below, the City hereby grants to Company
a permit to utilize City rights-of-way. Plans sealed by a Florida professional engineer will be
submitted by Company, for the aboveground, at grade or underground installation of fiber
optic cable and associated equipment to be used by Company solely for the provision of
telecommunications services certificated by the Florida Public Service Commission to
customers in the City.
3. (a) Company shall conform to all the requirements of Delray Beach Code of
Ordinances pertaining to the regulation of the use of right-of-way, as such may be amended
from time to time, and to such other reasonable regulations adopted by the City for
construction work in City right-of-way. Company shall submit signed and sealed plans to the
City for approval at least thirty (30) days prior to commencing any construction.
(b) All underground construction shall be done using trenchless technology
methods.
(c) Aboveground installation shall be done only with the prior written
permission of the owner of the poles and cables to be utilized, a copy of which shall
accompany the sealed plans to be submitted to the City.
(d) Company shall provide the City with as-built plans no later than sixty (60)
days following completion of all construction work in City right-of-way.
(e) (1) In the event that the City reasonably requires the relocation of any
of its utilities on street and/or sidewalk right-of-way, Company agrees to relocate to another
reasonable location of the City's choice, or to deepen in place, upon receipt of the City's
written request, any cable or conduit that Company has installed in the right-of-way, with
.Company bearing all costs and expenses reasonably related to the relocation or deepening
being requested by the City.
(2) If the City requires Company to adapt or conform its cable and
conduit, or in any way or manner to alter, relocate or change its cable and conduit to enable
any other entity or person, except for the City, to use, or to use with greater convenience, any
public street, alley or right-of-way, Company shall not be required to make any changes until
such other entity or person shall have undertaken, with solvent bond satisfactory to City, to
reimburse Company for any loss or expense which will be caused by, or arise out of such
change, alteration or relocation of Company's cable and conduit; provided, however, that the
City shall never be liable for such reimbursement.
4. The following consideration for the use of City right-of-way shall be paid by
Company to City:
(a) Consistent with federal and state law, as amended, and commencing on the
effective date of this Permit, the Company shall pay quarterly (on the City's fiscal year basis)
to the City a sum of money equal to one percent (1%) of its gross receipts on recurring local
service revenues derived during each quarter from services provided within the corporate
limits of the City by the Company, excluding revenues derived from calls made by the City.
"Local service revenues" are defined as all revenues received by the Company from its
customers, except the City, for providing the local transport of voice, data and video signals as
provided in this Permit, including but not limited to, those revenues derived from
telecommunication services listed in subsections (1) through (6) of §203.012, Florida Statutes,
as it may be amended.
(i) Payment shall be made within fifteen (15) business day after the close of
each fiscal quarter, and the Company shall file, with the City's Director
of Finance, a statement, signed by an authorized accounting or financial
3
representative of the Company, of the gross receipts on recurring local
service revenues derived in the preceding quarter. Acceptance of any
fee payment shall not be deemed a waiver or release of any claims the
City may have for additional sums, nor be construed as an accord that
the amount paid is correct.
(ii) If any quarterly payment is not received by the City within such period,
the Company shall pay interest on any such unpaid portion thereof at the
rate of eighteen percent (18%) per annum from the first day after the
payment period of fifteen (15) business days until paid to the City, and
the Company shall reimburse the City for the actual and reasonable out
of pocket costs of the City associated with collecting any sums of money
the Company is required to remit to the City pursuant to this Permit.
(b) If Company is not providing recurring local service in City, Company shall pay
City annually consideration based on actual linear feet of any cable, fiber optic or other
pathway that makes physical use of City right-of-way.
(i) Pursuant to Ch. 337.401 FSA, in no event shall the fee or other
consideration imposed be less than $500 per linear mile of any cable,
fiber optic, or other pathway that makes physical use of the municipal
right-of-way. Any fee or other consideration in excess of $500 shall be
applied in a nondiscriminatory manner and shall not exceed the sum of:
a. Costs directly related to the inconvenience or impairment solely
caused by the disturbance of the municipal right-of-way; and,
b. The reasonable cost of the regulatory activity of the municipality;
and,
c. The proportionate share of cost of land for such street, alley, or
other public way attributable to utilization of the right-of-way by a
telecommunications service provider.
(c) Company may, in addition, make various services and/or facilities available
to City for municipal purposes on a cost of materials and labor basis plus 15 % adminiStrative
overhead cost, payment for which will be set off against Company's franchise fees payable to
City.
(d) The consideration to be paid by the Company to the City under this Section are
compensation for the use by the Company of the City's rights-of-way and are not taxes, as
allowed by the Florida Constitution, the general or special laws of the State of Florida or any
ordinance of the City. The Company shall at all times continue to be subject to public service
taxes (Section 166.231, Florida Statutes), ad valorem taxes (Section 166.211, Florida
Statutes), and such other taxes, charges or fees as may be lawfully authorized by the Florida
Constitution, the general or special laws of the State of Florida, the provisions of the
Municipal Home Rule Powers Act (Chapter 166, Florida Statutes) or the Code of Ordinances
of the City, The utility tax provided by Chapter 50 of the City's Code of Ordinances is
required separate and above from the franchise fee.
(e) In the event the maximum Permit fee authorized by the laws of the State of
Florida or ordinances of Delray Beach shall be increased beyond the current amount of one
percent (1%) of the gross receipts on recurring local service revenues or the consideration per
linear mile as prescribed in §377.401 of the Florida Statutes, the City shall be authorized to
unilaterally amend this Permit and prospectively (from the effective date of such change in the
laws of the State of Florida) increase the Permit fee provided for herein to the maximum
Permit fee authorized by the laws of the State of Florida.
Further, in the event the maximum Permit fee authorized by the laws of the State of
Florida or ordinances of Delray Beach shall be decreased below the current amount of one
percent (1%) of the gross receipts on recurring local service revenues or the consideration per
linear mile as prescribed in §337.401 of the Florida Statutes or eliminated in its entirety, the
City shall unilaterally amend this Permit and prospectively (from the effective date of such
change in the laws of the State of Florida) decrease or eliminate the Permit fees provided for
herein to the maximum Permit fee authorized (if any) by the laws of the State of Florida.
5
(f) The Company, and its agents and outside contractors shall make available for
examination by the City or its authorized representative or agent, during normal business
hours, the books, records and accounts and other documentation of the Company (hereinafter
collectively referred to as the "Report") that, as determined by the City, are necessary to
determine the accuracy of the gross receipts on recurring local service revenues upon which
the Permit fee payment is based, and shall permit the City, or its authorized representative or
agent, to make and remove copies of the Report, including computer printouts or other data of
customer billings. In the event the Reports are not available to the City for examination in the
corporate limits of the City, the Company shall reimburse the City for the reasonable travel
expense of the City's representative resulting from said representative's travel to the location
where the Reports are maintained and shall permit the City to make and remove copies of the
Report, including computer printouts or other data of customer billings. Upon request by the
City, or its designated representative, the Company shall provide a copy of any annual report
filed with the Florida Public Service Commission (PSC). The City, or its designated
representative, shall have the right during the life of this Permit to examine the Reports;
provided, however, that the Company shall be obligated to maintain its billing records only for
the period of time required by the PSC (or its successor agency, or, in the event the Company
is no longer subject to the jurisdiction of the PSC for the period of time required by the City)
and that any examination conducted after such period shall be confined to the billing records
then available. No later than thirty (30) days after the request of the City, or its
representative, the Company shall supply to the City, a copy of the Reports. Such copy shall
be in the media requested by the City provided that it is economical and practical for the
Company to do so; however, in no event shall paper copies of requested documentation be
deemed uneconomical or impractical. The City agrees to keep any documentation and reports
confidential as may be provided by Florida Statutes.
(g) The above consideration to be paid to the City shall be in addition to any
reasonable engineering inspection fees and performance and construction bond requirement set
by the City. At City's option, Company shall engage the services of a third-party engineering
inspection service to perform such inspections at Company's sole cost.
5. Consistent with the requirements of federal and state law, as amended, each
telecommunication provider authorized to construct backbone facilities in the public right of
way shall construct those facilities so that they are capable of accommodating additional
telecommunications facilities owned by other persons. Lateral connections, into specific
locations are not included in this requirement. Consistent with the requirements of federal and
state law, as amended, each telecommunications provider authorized to construct facilities in
the public rights of way shall permit, to the greatest extent possible, utilization of their
conduit, poles, trenches and other facilities by cable television and telecommunication
providers, or shall colocate its facilities on existing facilities of others. In reviewing whether
to require colocation in any particular instance, the City shall take into account for the demand
tbr use of a particular right-of~way or route corridor, the Company's costs and the potential
adverse impact, if any, on Company's construction schedule from such colocation, a
Company's specific access, security and maintenance concerns as well as any technical
constraints. (By way of example but not limitation, RF interference, electrical code, OSHA,
loading, fire code.) To the extent such use shall be subject to requirements of the
Telecommunications Act of 1996 regarding use of utilities including electric, gas, and
telephone right-of-way conduit and facilities for cable television telecommunication purposes,
rates and charges shall be consistent with the general objectives and requirements outlined in
that Act.
Any telecommunications provider whose facilities contain additional capacity for
installation or colocation of telecommunications facilities owned by other persons shall agree
to allow other persons to install or colocate their telecommunications facilities on such
facilities subject to the requirements of federal and state law, as amended, and subject to
reasonable and non-discriminatory terms and conditions negotiated between the parties. All
costs of collocating or installing additional telecommunications facilities shall be borne by the
person seeking to do so.
6. Company agrees to waive any claims against the City for damages arising from
any negligent or unintentional breach of the underground conduit or fiber optic cable system,
provided that prior to any construction or excavation project undertaken by the City or any of
its contractors, the City, or its representative, on each such occasion contacts Company via a
telephone call to the 24 hour one Call System. In the event such call is not made and damage
to the conduit or fiber or both occurs, the City's liability shall be limited to the cost of repair
to the conduit and fiber and shall explicitly exclude any consequential business damages.
Company does not waive any claims against the City for damages arising from any act or
omission, or breach of the underground conduit or fiber, constituting gross negligence or
willful misconduct by the City, or its employees, or any of it contractors, agents or
representatives.
7. Company agrees to indemnify and hold harmless the City for all costs, losses
and expenses, including, but not limited to, damages to persons or property, including, but not
limited to, judgments and attorneys' fees, arising out of and in connection with Company's
activities under this Permit Agreement and its continuing use of the City's rights-of-way,
excluding any negligence or willful misconduct of the City; if called upon by City, Company
shall assume and defend not only itself, but, also City in connection with any suit or cause of
action, and such defense shall be at no cost or expense whatsoever to City.
8. City and Company understand that their Permit shall be subject to future
ordinances including any right-of-way construction and administration ordinances and/or
telecommunication ordinances which may be adopted by City consistent with applicable state
and federal law. Neither party waives the right to challenge any provisions of any future
applicable ordinances which are inconsistent with state or federal law.
(Signatures on following page)
ATTEST: CITY OF DELRAY BEACH
By:
City Clerk Mayor Jay Alperin
Approved as to Form and
Legal Sufficiency:
~.~City Attorney
WITNESSES: ADELPHIA BUSINESS SOLUTIONS OF
FLORIDA, LLC,
By u ..... :~_ .,-A, .................. T....
~Adelphia Bus.ess Solutio~/sole
member
f ~ ~'W~ (Corporate Seal)
(T~e~r Print Nam~
STATE OF FLO~DA
COUNTY OF PALM BEACH
The foregoing instrument was ac~owledged before me ~is ~~day of
officer or agent, title of officer or agent), of ~~~~~ _[aame of
corporation ac~owledging), a ~~~ (state or place of
incorporation) co~oration, on behalf of ~e co~oration. ~/she is personally ~own to me/or
has produced ~x~,~ (type of idemification) as
identification.
Signature of N0~ ~blic ·
State of
Print, Type or Stamp Name of
N°tary PublicI Nora:iai Sea~
Melody A. Heller. N~tarv Public
Coudersp3 I. i3oro. Petter Cot,nly
10 t~y Gommistic~ E~t;:,~'?s Nov. 17.2(}01
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~. ~ - REGULAR MEETING OF DECEMBER 7, 1999
SERVICE AUTHORIZATION #1/DAMES AND MOORE (WEST
ATLANTIC AVENUE IMPROVEMENTS)
DATE: DECEMBER 3, 1999
This is before the City Commission to approve Service Authorization #1 in the amount of
$111,800.00 with Dames and Moore for professional design services related to the hardscape and
landscape improvements along West Atlantic Avenue from l't Avenue west to 10th Avenue.
The project generally consists of design work for various levels of hardscape improvements,
landscaping improvements and irrigation system additions. These improvements are being funded by
ISTEA grants (1997 & 1998), Beautiful Palm Beaches (1997 & 1998 grants), and the Community
Redevelopment Agency. The improvements do not include modification to any of the existing
median improvements or the addition of any medians within the Atlantic Avenue right-of-way, nor
reconfiguration of any of the through travel lanes. Some of the hardscape improvements (lSt Avenue
through 6~ Avenue) include the addition of landscaping nodes and minor drainage modifications
within the parking lanes along West Atlantic Avenue.
Recommend approval of Service Authorization #1 with Dames and Moore for design services related
to the West Atlantic Avenue Improvements project.
Ref:Agmemol6.ServiceAuth.#1.Dames and Moore.West Atlantic Ave. Improvements
Agenda Item No. ~. (~.
AGENDA REQUEST
Date: 22-Nov-1999
Request to be placed on:
X Regular Agenda
~ Special Agenda
Workshop Agenda When: 07-Dec-1999
Description of item (who, what, where, how much): Approval/Authorization for Mayor to
execute Service Authorization #1 with Dames and Moore. This Service Authorization is
for design of hardscaping and landscaping improvements along West Atlantic Avenue
from 10th Avenue to 1st Avenue. These improvements, including design costs, will be
funded from ISTEA, Beautiful Palm Beaches, and the CRA. The City of Delray Beach
will be responsible for administering the design work performed under this service
authorization. The cost of this Service Authorization is $111,800.00.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATrACHED YES/NO
Recommendation: Staff recommends approval of Service Authorization.
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: ISTEA, Beautiful Palm Beaches, & CRA (if applicable)
Account No. & Description N/A
Account Balance
City Manager Review:
Approved for agenda: ~NO ~/~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: s:\...\projects\98\98-094\official\agenda01.doc
City Of Delray Beach. Department of Environmental Services
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Randal L. Krejcarek, P.E., City Engineer~C/~ RECEIVED
DATE: 22-Nov-99 NOV 3 O 15§9
SUBJECT: West Atlantic Avenue Improvements Agenda Item
Service Authorization #1 CITY MANAGER
Dames and Moore
Project #98-094
The attached agenda item seeks commission approval/authorization for Mayor to execute Service
Authorization #1 with Dames and Moore. This Service Authorization is fordesign of hardscaping
and landscaping improvements along West Atlantic Avenue from 10th Avenue to 1st Avenue.
See attached map.
These improvements, including design costs, will be funded from ISTEA, Beautiful Palm
Beaches, and the CRA, see chart below. The City of Delray Beach will be responsible for
administering the design work performed under this service authorization.
The cost of this Service Authorization is $111,800.00.
Funding:
o
BPB 33;900 67i800 300i 400 500NOdh
Enc.
cc Richard Hasko, P.E., Director of Environmental Services
file
S:tEngAdminV=rojectst l gg8t98-og4~OFFICIAL tagendarnemO1.dot
N.W, 1211-1 A'VE.
N.W. A~..
5.W. 10TH A~. lOTH
111 AVl[.
I-1,11 H itl 1'11 I'"'11 I--trtt'l III
" Id h-tlll'i' I ,.,. II
INld li"'lllllltdJ '"' III IIII
1-'~NI II IIl, l"l'-'J 11'11111 .
5WlNTON AVE
CITY of DELRAY BEACH WEST ATLAN~C AVENUE II
ENVIROI, IME~'~'T~ 8ERVlC;E8 DEP~NT BEAUTI FI CATI ON
4s4 ao~H a.,m3N ^,.~,~, ca.~AY r=Ac~, ~LOm~A e=444 II 98-094
11/20/99 SAT 13:48 FAX 561 994 6524 DAMES & MOORE GROUP ~ 002
EXtHBIT A
CONSULTING SERVICE AGREEMENT
DATE: November 22, 1999
SERVICE AUTHORIZATION NUMBER 1 FOR CONSULTING SERVICES
CITY PO NO.: CITY EXPENSE CODE:
TITLE: Agreement for General Consulting Services with Dames & Moore
This Service Authorization, when executed, shall be incorporated in and shall become an integral par~ of
the a~¢ement for General Consulting Services between the City of Dekay Beach and Dames & Moore
dated July 1999,
PROJECT TITLE: SRS06/West Atlantic Avenue B.eaufifieafion, Pro]eet ~
I. Project Description
The project generally consists of Beautification of West Atlantic Avenue ~om First (f) thro,~gh
Tenth (i0~) Avenues including various levels of hardscape improvements, landscaping
improvements and irrigation system additions. These improvements are being ~nded by various
sources, including the Florida Department of Transportation - District IV (ISTEA 97
Beautiful Palm Beaches (97 & 98 grants), and the City of Delray Beach Commu~.~ity
Redevelopment Agency (CRA). The contract will be administered by the City of Delray Ben,ch,
--' ~ Mr, Randall Krejcarek. PE, City Engineer, will be fl~e prime contact at the City of Deb:ay Beach
for this contract. These 'various improvements, within the Right of Way of SR806 do not inch~de
modification to any of the ex~sting median improvements or the addition of any medians or
reconf~gurafion of any of the through travel lanes. Some of the hardscape improvements
through 6m) include the addition of landscaping nodes and minor drainage modifications wi~ bin
the parking lanes of SRSO6/West Atlantic Avenue. Total budget for the improvements is sec at
$1,230,641 as of the date of this Service Authorization.
The various proposal improvements are a~ summarized below:
PLogosed Improvements
Block ..Hardscape Landscap,e Irri~
100 Yes Yes Yes
200N Yes Yes Yes
200S Yes Yes Yes
300N Yes Yes Yes
300S Yes Yes Yes
400N Yes Yes Yes
400S Yes Yes Yes
500N Yes Yes Yes
500S Yes Yes Yes
11/Z0/99 SAT 13:48 FAX 561 994 6524 DAMES & MOORE GROUP ~o03
Block Hardscape Landscape .Irrigation
600 Yes Yes
700 Yes Yes
800 Yes Yes
900 Yes Yes
Because of the various funding sources, it is anticipated that the Design fees and the Construcl [on
Costs (Bid Form and Pay Estimates) will be se~egated into up to five categories; the two IST.EA
· - Grants; the two BPB Grants; and the City of Delray Beach CRA_. All of the improvements wil'! be
designed, bid and constructed in a single contract utilizing a single complete set of construcl ion
documents. Deliverables will be a set of Mylar Reproducibles of the construction plans, an
electronic fro of the drawings in AutoCad R-14 format, one original hard copy and one
electronic file of the eonsn'uetion contract, bidding information, and technical specifications"
(WORD format).
II. Scope of Services
A. Phase I- Study and Report Phase
ff the Study and Report Phase is authorized, the following requhrements shall apply.
1, The CONSULTANT shall consult with the CITY to cIarify and define the CITY'S
requirements for the Project and review available data.
2. The CONSULTANT shall advise the CITY as to the necessity of the CITY'S
providing or obtaining from others, data or services.
3, . The CONSULTANT shall identify and analyze permit ,and approval requirement-: of
all goverm-nental authorities having jurisdiction to approve either the design of the
Project and participate in consultations with such authorities.
4. The CONSULTANT shall provide analyses of the CITY'S needs, planning suxw~ys,
site evaluations and comparative studies of prospective sites and solutions.
5. The CONSULTA2qT shall provide a general economic analysis of Owm:r's
requirements applicable to v~rions alternatives.
6. The CONSULTANT shall prepare a Report containing schematic layouts, sketches
and conceptual design criteria with appropriate exhibits to indicate clearly the
considerations involved (including applicable requirements of governmental
authorities having jurisdiction as aforesaid) and the altenaative solutions availabl~ to
the CITY and setting forth CONSULTANT'S ~ndings and recommendations. This
Report will be accornpmfied by CONSULTA2qT'S predesign estimate of prob:tble
costs for' the Project, including, but not limited to the following, which will be
sepz.rately itemized: Construction Cost, allowance for engineering costs :xnd
contingencies allowances for such other items, such as charges of all other
professionals and consultants, for the cost of land and rights-of-way, for
compensation for or damages to properties, and for permit, review and/or approval
fees by other govenmmental agencies, if required. The CONSULTANT shall also
provide a prellrnSnary evaluation of the City's Project Schedule. The City's Project
Schedule and probable construction costs shall be evaluate and 'updated througl~out
subsequent phases of the work.
11/20/99 SAT 13:49 FAX 561 994 6524 DAMES & MOORE GROUP ~004
The CONSULTANT shall furnish five ($) copies of the Study and Report documt, nt$
as provided in the SERVICE AUTHORIZATION and review them with the CITY.
B. Phase Il - Preliminary Design Phase
If the Preliminary Design Phase is authorized, the following requirements will apply:
1. The CONSULTANT, m consultation with the CiTY shall determine the general
· - scope, extent and character of the Project.
2. Prepare Preliminary Design documents consisting of £mal design criteria, prelimi~ ary
drawings, outline specifications and written descriptions of the Project.
3. Advise the CITY if additional data or services are necessary and assist the Crl'h' in
obtaining suer data-ind services.
4. Furnish five (5) copies of the above Preliminary Design documents as contaitted
within the Sh-XVICE 'AUTHORIT.&TION and present and review them with the
/
5. The CONSULTANT shall submit to tiao CITY a preliminary estimate of constmcl ion
costs based on current area, volume or other unit costs, which shall be updaed
tkroughout the design development phase.
6. The CONSULTANT shall prepare a development schedule, which shall include, but
shall not be limited to, the review mad approval times by all governmental agencie'.: as
may be required.
7. The CONSULTANT shall make available all design calculations and associated Data,
.... -"'-~" aad participate in meetings in which Value Engineering Analysis of the project takes
place, at such times and places as shall be determined by the C1TY.
C. Phase IlI- Final Design Phase
If the Final Design Phase is authorized, the following requirements shall apply:
1. The CONSULTANT shall prepare construction documents which shall include but mo~ be
limited to drawhags and rechnicaI specifications, general and supplementary conditions, bid
forms, invitations to bid, instructions to bidders, with technical criteria, descriptions ;md
design data necessary for permitting by governmental authorities, and shall include ~my
fro-thor adjustments in the scope or quality of the project or in the construction budget
authorized by the City. ,
2_ The CONSULTANT shall, in the preparation of construction documents, technical criteria,
written descriptions and desig-n data, take into account all currently prevailing codes ',md
regulations governing construction in the City of Dekay Beach, Florida, and shall meet the
requirements of all other agencies or governmental authorities having jurisdiction over the
project
3. The CONSULTANT shall prepare a detailed opinion of probable cost in accordance with
paragraph LC, which shall be reviewed by the CITY prior to going out for bids.
\x, fl m_bo~ 1 ~a t a$529'3'd~lrayA;lam iek%r~i~Auth 1 .d~
11/20/99 SAT 13:49 FAX 561 994 6524 DAMES & MOORE GROUP ~005
4. The CONSULTANT shall provide the required documents and at~end meeti.ngs as
necessary,, for the approval of governmental boards, agencies or authorities having
jurisdiction over the project.
5. The CONSULTANT shall use bid documents provided by the CITY including bidding
forms, conditions of the contract, and form of AGREEMENT between the CITY ~md
CONTRACTOR.
-- 6. The CONSULTANT shall prepare all documents including design and plan revisions
required for the approval of governmental authorities hsving jurisdiction over the proj.~ct,
Said approvals are required prior to the public notice for the Invitati.on to Bid crud
submission of applications, therefore are the responsibility of the CONSULTANT.
7. The CONSULTANT shall provide the CITY with one complete set of the contract
documents as specified"in~'the service authorization, which will also include one original
and one electronic file ( AUTOCAD R-14 & WORD) of construction documents.
D. Phase IV - Bidding/Negotiation Phase /
If the bidding phase is author/zed, the following requirements shall apply:
1. The CONSULTANT shall, assist the CITY in obtaining the bids or negotiated propos;ds,
assist in awarding and preparing contracts for construction, attend pre-bid conferences,
prepare addenda, provide written recommendation of award, assist in the
compilation/preparation of contract documents, and after the award assist the crI~ in
sectu--Lug the required bonds and certLfic~es of insurance, and in the review of the cone'act
documents for completeness.
2. The CONSULTANT shall attend the bid opening, prepare bid tabulation sheets and assist
the CITY in evaluating Bids or proposals and in assembling and awarding contracts for
.... ~ construction, materials, equipment md services.
3. The CONSULTANT shall issue addenda as appropriate to interpret, clarify or expand the
Bidding Documents.
4. The CONSULTANT shall consult with and advise the CITY as to the acceptability of
subcontractors, suppliers aad other persons and organizations proposed by the pr/me
contractor(s) (herein called CONTRACTOR(S)) for those portions of the work as to which
such acceptability ~s required by the Bidding Documents.
5, Consult with the CITY concerning and determine the acceptability of substitute materials
and equipment prior to the award of contracts as allowe~l by the Bidding Documents.
6. The CONSULTANT shall review and approve or take other appropriate action u?on
CONTP,.ACTOR'S submittals, such as shop drawings, product data, and samples for the
purpose of checking for conformance with information given and the design concept
expressed in the contract documents. The CONSULTANT shall evaluate and deterrn/ne the
acceptability of substitute materials and equipment proposed by CONTRACTOR in
coordination with CITY.
~[d rn._boe I Ida~"i.?-03~J~eln~Aflan~:~er~ce~ IhL~oe
11/20/99 SAT 15:$0 FAX $61 994 6524 DA~ES & MOORE GROUP ~006
E. Phase V - Const~ction Phase
This Phase is not a part of this service authorization. Any required ConstTuction Phase services
will be handled by the CITY.
F_ Phase VI - Additional Services
If Additional Services under this Phase ate authorized, the following requirements shall apply:
· - 1. Additional Services shall be authorized in writing by the CITY as required, and will
exceed the allocation of each authorization by CONSULTANT.
1II. Budg~et
The estimated professional services fee for the study, design, bidding and additional services
phases of this project is a Net To'Exceed tN'rE) amount of $111,800. The demi. Ned spreadsheet of
hours is attached to this service authorization, and includes an amount of $15,ooo for additional
services. Below is a summary of not to exceed fees and costs by phase:
i
_E_~ineering Services or Phase D&M Est. Fee Subs Est. Fei:
Phase I-Study & Report Phase $11,511.00 $9,460.00
Phase rr- Preliminary Design Phase $10,540.00 $3,500.00
Phase 151- Final Design Phase ~ $38.531.00 $7,000.00
Phase IV~ Bidding Phase $7,z, 4z, .00 $0.00
Phase V- Construction Phase N/A N/A
Out-of-Pocket Expenses $8,815.00 N/A
Additional Services Allowance $14,000,00 $1,000.00
TOTAL ESTIMATED FEES $111,800,00
IV. ,Completion Date
The scope of services for the preparation of construction documents for the SRS06fWest Atlantic
Avenue Beautification Project (City Project 99-048) is anticipated to require 100 calendar d;tys.
Based on an anticipated Notice to Proceed of December 8~ 1999, services would be completed no
later than March 16, 2000,
11/20/99 SAT 13:50 FAX 561 994 6524 DAMES & MOORE GROUP ~007
This SERVICE AUTHORIZATION is approved contingent upon the CITY'S acceptance of
satisfaction with the completion of the services rendered in the previous phase or as encompassed
by the previous service authorization, fire CITY may terminate thc contract without incurring ;,ny
further liability. The CONSULTANT may not commence work on any SERVICE
AUTHORIZATION approved by the CITY to be included as part of the contract without a
further Notice to Proceed.
Approved by:
CITY OF DELRAY BEACH: CONSULTANT:
Date Date
By:
Mayor (Sea])
Attest: Witness
Witness
Attest:
~A~Prb~Ve~d as to Legal
Sufficiency and Form - BEFORE ME, the foregoing instrument, tb is
day of 199__, was
acknowledged by on
behalf of the Corporation ~md said per::~on
executed the same free and voluntarily for the
purpose them-in expressed.
Witness my hand and seal in the County :'md
State aforesaid this day of
,199__.
Notary PubLic
State of Florida
My Commission
Expires: ......
11/20/99 SAT 13:50 FAX 561 994 6524 DA~ES & ~OORE GROUP ~008
11/20/99 SAT 13:51 FAX 561 994 6524 DAMES & MOORE GROUP ~009
TO: DAVID HARDEN, CITY MANAGER
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
, f---.,,
FROM: NANCY DAVILA, HORTICULTURIST ~
RE: SEAGATE NEIGHBORHOOD BEAUTIFICATION BID NO. 99-025
FINAL PAYMENT
DATE: NOVEMBER 30, 1999
ITEM BEFORE THE COMMISSION
The item before the Commission is the approval of the final payment, in the amount of $2,199.35 , to
Custom Care, Inc., for the irrigation and landscaping improvements in the Seagate Neighborhood in
connection with Bid Number 99-025. The project was inspected on October 29, 1999 and accepted for
substantial completion. All punch list items have been addressed and the Parks Department has accepted
the maintenance responsibilities. Total project costs for this contract were $21,993.50.
BACKGROUND
Beautification improvements for the medains on Seasage Drive, as well as the two irregular shaped
medians at Bauhinia Road and Poinsettia Drive represent the completion of the master beautification plan
for the Seagate Neighborhood. This project was initiated at the request of the Homeowners Association
and funding has been allocated during the '97-'98 and '98-'99 fiscal year. Improvements were made last
year to the medians on Tamarind Road and Melaleuca Road. Total project costs were approximately
$70,000.00.
RECOMMENDATION
Staff recommends that the City Commission give favorable consideration to the request for approval of the
final payment in the amount of $2,199.35 to Custom Care, Inc for the Seagate Neighborhood
Improvements.
Date: December 1, 1999 Agenda Item No. ~ ~/
AGENDA REQUEST
Agenda request to be placed on:
__X Regular __ Special __ Workshop /~ Consent
When: DecemberY, 1999
Description of Agenda Item:
Final Payment - Seagate Neighborhood Beautification Bid No. 99-025
CtA57'oM CARE,, t~l¢.
Ordinance/Resolution Required: Yes~ Draft Attached: Yes / No
Recommendation: Approve
Department Head Signature: ~ - .... ~~
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 # & Description: 2334~
Account Bal~ce~ ¢ ~ _ ~ d~' ~J~~
pproved,or agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
Page 1
INVOICE NO.
6560 E. Rogers Circle
Boca Raton. Florida 33487 004321
(561) 997-0696 [ INVOICE DATE
FAX (561) 997-0971 ] 10/8/99
SOLD TO: SHIP TO:
City of Delray Beach
100 Ltg First Avenue
Delray Beach, FL 33444
ORDER NO. ORDER DATE i CUSTOMER SALESMAN PURCHASE ORDER# SHIP VIA TERMS
I
SP99055 Net 15 days
QUANTITY I ITEM DESCRIPTION UNIT PRICE DISCOUNT EXTENSION
1. OO. Seagate Neighborhood $2,199.35
Irrigation & Landscaping .00
Project #99-~ ~ 5_~ .00
REMARKS: COMMENTS
SALES AMOUNT $2,199.35
P.O. 9579374 DISCOUNT AMOUNT
MISC. CHARGES
DELIVERED BY DATE RECEIVED BY DATE SALES TAX · 00
FREIGHT CHARGE
INVOICE TOTAL $2,199.35
FINAL RECEIPT
all
STATE OF FLOR/DA
COUNTY OF
Carolyn Troccolo being first duly sworn, deposes and says as follows:
- 1. He/she is pm.~ ao_ne of o~t-t'~rn t~m: Tn~.
__ (Title) (Name of Corporation or Firm)
a Florida corporation which is named in Construction Contract dated the
-- 29th day of October , 19 99 , between said corporation as the CONTRACTOR
_ and the CITY OF DELRAY BEACH, FLOR/DA (the CITY) as the OWNER for the construc-
tion of:
· - SEAGATE NEIGHBORHOOD BEAUTIFICATION
LANDSCAPE & IRRIGATION IMPROVEMENTS
· ... CITY OF DELRAY BEACH PROJECT NO. 99-055
2. CONTRACTOR has fully completed all construction and work under the Con-
tract and Title to all work, materials and equipment under the Contract passes to the CITY at the
time of final payment, free and clear of all liens, and all labors, and material men and subcon-
tractors have been paid in full for performing or furnishing the work, labor or materials under the
Contract.
3. Receipt by CONTRACTOR of the final payment from CITY in the amount
'-- $ 21,993.50 shall constitute a full release and discharge by CONTRACTOR to the
_ CITY of all claims or liens of CONTRACTOR against OWNER arising out of, connected with,
or resulting from performance of the Contract, including full payment for all extra work and
'--- material furnished by the undersigned in the construction of said improvements.
4. The undersigned further certifies that all non-exempt taxes imposed by Chapter
212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged.
FR-1
i
5. This statement under oath is given in compliance with Sections 713.05 and
713.06, Florida Statutes.
Affiant Contractor
Signed and sealed in
the presence of'
~~______~~~ Signature
. _ ~ Title
;,,
Sworn to and subscribed before me this 29th day of October .,
1999 (2~//
,~,Mv eo~o~ eerna~ Notary Public
$~'~,,*' Expires Septern'oer 3, 2002 State of Florida
My Commission Expires:
(SEAL)
_]
:]
FR-2
CERTIFICATE OF SUBSTANTIAL COMPLETION
CITY OF DELRAY BEACH PROJECT NO.
CONTRACTOR: CUSTOM eARle: TlXlC_
CONTRACT DATE: ,)u~qle. 1 ~q: 1999
This Certificate of Substantial Completion applies to all Work under the Contract Documents or
to the following specified parts thereof:
SEAGATE NEIGHBORHOOD BEAUTIFICATION LANDSCAPE & IRRIGATION IMPROVEMENTS
BID NO. 99-025
CITY PROJECT NO. 00-055
TO: City of Delray Beach, Florida
AND TO: CUSTOM eARle... TMC_
(CONTRACTOR)
The Work to which this Certificate applies has been inspected by authorized representatives of
the CITY, CONTRACTOR and CONSULTANT, and that Work is hereby declared to be sub-
stantially complete in accordance with the Contract Documents on:
OC, TDRFg ?9, 1999
(Date of Substantial Completion)
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRAC-
TOR to complete all the Work in accordance with the Contract Documents. The items in the
tentative list shall be completed or corrected by CONTRACTOR within 15 days of Sub-
stantial Completion.
The responsibilities between the CITY and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
CSC-1
RESPONSIBILITIES:
CITY: PROCE,qR CHANC. E ORDER # 2 FOR STLVER BIITTONWOOB TREE
CONTRACTOR: INSTALL SILVER BUTTON-WOOD TREE
REPLACE DEAD BLACK OLIVE
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accor-
dance with the Contract Documents.
Executed by CONSULTANT on NO CONSULTANT ,19
By:
Title: N/^
CONTRACTOR accepts this Certificate of Substantial Completion on:
NOV_m~_FE~ 9 3 ,19._~9__.~
CIIRT~M CARE: INC.
By: CAROLYN TROCCOLO
Title: PRESIDENT
The CITY accepts this Certificate of Substantial Completion on:
NOVEMBER 23 ,19 99
City of Delray Beach
By: NANCy DAVILA
Title: HORTICULTURIST
CSC-2
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~.
SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF DECEMBER 7, 1999
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: DECEMBER 3, 1999
Attached is the Report of Appealable Land Use Items for the period November 15th through
December 3, 1999. It informs the Commission of the various land use actions taken by the
designated boards which may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
Ref:Apagmemo/Appealables/12.7.99
TO: DAVID T. HARDEN, CITY MAN.~R
THRU: DIANE DOMINGUEZ, PLANNING AND ZONING DIRECTOR
FROM: fASMIN ALLEN, PLANNER
SUBJECT: MEETING OF DECEMBER 7, 1999 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER 15,
'1999 THRU DECEMBER 3, '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 November 15,
1999 through December 3, 1999.
This is the method of informing the City Commission of the land use actions,
taken by designated Boards, which may be appealed by the City Commission.
After this meeting, the appeal period shall expire (unless the 10 day minimum
has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City
Commission hears appeals of actions taken by an approving Board. It also
provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of
the Commission as an appealed item.
No appealable items were considered by the Board. The following items which
were considered by the Board will be forwarded to the City Commission for
action.
City Commission Documentation
Appealable Items Meeting of December 7, 1999
Page 2
Recommended approval (6 to 0, McCarthy absent), of a rezoning from R-1-A
(Single Family Residential) to CF (Community Facilities) in conjunction with
the expansion of the Delray Beach Municipal Tennis Center.
Recommended approval (6 to 0), of a conditional use modification to allow the
addition of two hard tennis courts at the Delray Beach Municipal Tennis
Center.
Continued on a 5 to 0 vote (Morris abstained), a conditional use request to
allow within the CBD (Central Business District) a building height of 60 feet for
a 6-story mixed use building (residential/retail) and to allow the residential
units to exceed 30 units per acre for Worthing Place, located south of East
Atlantic Avenue, between SE 1st and 2nd Avenues.
Recommended approval (4 to 1, Eliopoulos dissenting and Morris abstained),
of an amendment to the Land Development Regulations Section 4.4.24(B)(9)
and 4.4.24(F)(1), adding Lots 19 through 24, Block 69, to the list of lots in the
OSSHAD (Old School Square Historic Arts District) zoning district, that may
be developed pursuant to certain standards of the CBD (Central Business
District) zoning district.
A. Approved (4 to 0, Branning and Shutt absent, Fowler arrived late), a request
for a color change for Atlantic Plaza, located at the northeast corner of East
Atlantic Avenue and NE 7th Avenue (777 East Atlantic Avenue).
B. Approved (4 to 0), a request for a color change for Soviero Family Limited
Partnership, III Apartments located on the south side of NE 11th Street, east
of Seacrest Boulevard (202 NE 11th Street).
C. Approved (4 to 0), the architectural elevation plan associated with fa(;ade
changes for Sandwiches by the Sea, located on the south side of East
Atlantic Avenue, approximately 550' west of Ocean Boulevard (1214 &1216
East Atlantic Avenue).
D. Approved with conditions (5 to 0), a Class III site plan modification, landscape
plan and building elevation plan associated with the construction of a 10,358
sq. ft. commercial building for Towers Center (formerly known as La
Fontana) located on the east side of NE 6th Avenue (northbound Federal
Highway) approximately 680' north of SE 10th Street. Concurrently, the Board
approved several waivers, namely:
City Commission Documentation
Appealable Items Meeting of December 7, 1999
Page 3
- Reduced the required landscape strip for the proposed dumpster
enclosure from 5' to 0'.
- Eliminated the required trees along the east side of the property with the
condition that the Areca Palms be retained and eight Sabal Palms be
added.
- Reduced the required number of parking spaces from 114 to 108.
The Board denied the waiver request to allow the elimination of the required
landscape island within the east parking tier adjacent to the building.
E. Approved with conditions (5 to 0), a Class V site plan, landscape plan and
architectural elevation plan associated with the construction of an 80 room
hotel and retail store for Walgreens/Holiday Inn Suites, located on the south
side of SE 10th Street, between SE 5th Avenue (southbound Federal Highway)
and SE 6th Avenue (northbound Federal Highway).
F. Approved (4 to 0, Smith stepped down), a Class IV site plan modification,
landscape plan and architectural elevation plan associated with the
construction of a 15,612 sq. ft. office building for Hardrives, Inc. located on
the east side of Congress Avenue, approximately 400 feet south of Old
Germantown Road.
G. Approved (4 to 0, Smith stepped down), a Class I site plan modification to
allow the addition of swing gates at the westernmost entrance of Old
Germantown Road for the Office Depot development, located at the
southwest corner of Congress Avenue and Old Germantown Road.
G. Approved (4 to 0, Smith absent, Shutt and Fowler arrived late), a revision to
the master sign program for Office Depot, located at the southwest corner of
Old Germantown Road and Congress Avenue.
H. Approved (4 to 0), a revision to the master sign program for Linton Medical
Plaza, located on the south side of Linton Boulevard, east of Military Trail.
I. Approved (6 to 0), a request for a color change for U.S. '1 Autoparts, an
existing commercial building located at 1551 North Federal Highway.
City Commission Documentation
Appealable Items Meeting of December 7, 1999
Page 4
J. Approved (6 to 0), requests for a color change and roof material for the
Water Treatment Plant Chemical Storage Building, located at 615 SW 2nd
Avenue.
K. Continued (6 to 0), a Class I site plan modification to allow the deferral of the
installation of the perimeter landscape buffer for a 2 year period for Roseaire
Retreat ,14281 Gallagher Road, located on the west side of Gallagher Road
at its intersection with Brady Boulevard.
L. Approved (6 to 0), a Class I site plan modification associated with fa(;ade
changes for Accents and D~cor, 135 East Atlantic Avenue, located at the
northeast corner of East Atlantic Avenue and Pineapple Grove Way (NE 2nd
Avenue).
M. Approved with conditions (6 to 0), a Class II site plan modification, landscape
plan and architectural elevation plan associated with the construction of a
parking lot for the Bremmer Development, 1235 North Federal Highway,
located on the east side of North Federal Highway, approximately 280' north
of Bond Way.
N. Approved with conditions (6 to 0), a Class II site plan modification, landscape
plan and architectural elevation plan associated with the installation of a
temporary modular bank building for Republic Security Bank, 202 NE 6th
Avenue, located at the northwest corner of NE 6th Avenue (northbound
Federal Highway) and NE 2nd Street.
O. Approved with conditions (6 to 0), a Class V site plan and architectural
elevation plan for Swinton Place, a proposed 19-unit townhouse
development, located on the east side of Swinton Avenue, approximately 500
feet south of SE 6th Street. The landscape plan was tabled. Concurrently,
the Board approved an internal adjustment to reduce the required building
offset from 4' to 2.5'. The waiver request to reduce the required 50' stacking
distance from Swinton Avenue was denied.
1. Approved with conditions on a 5 to 1 vote (Ames absent, Johnson dissenting),
a Class III site plan modification, and architectural elevation plan associated
with the conversion of a single family residence to an office for 219 NE 1st
Avenue. The landscape plan was approved on a 6 to 0 vote.
2. Approved (5 to 0, Bodker left the meeting), a request for a Certificate of
Appropriateness associated with enclosing an existing screened front porch
City Commission Documentation
Appealable Items Meeting of December 7, 1999
Page 5
for Michael Weiner Law Office Building located at 102 North Swinton
Avenue (northwest corner of Swinton Avenue and NW 1st Street).
3. Approved (5 to 0), a request for a Certificate of Appropriateness associated
with landscape and paving improvements for a contributing single family
residence located at 255 North Swinton Avenue.
The following non-appealable items were considered by the Board:
Approved a variance on a 6 to 0 vote, reducing the interior side setbacks from
10' to 8' and 5' for a single family residence located at 305 SE 7th Avenue.
within the Marina Historic District.
Recommended to the Site Plan Review and Appearance Board the proposed
modification to the Cathcart Buiding (Accents and D~cor) to add a second
show-window to the east elevation be denied.
4. Approved (5 to 0, Ames arrived late, Martin absent), a request for a Certificate
of Appropriateness to allow a free standing sign for Penelope's Breads &
Threads, located at the southeast corner of Swinton Avenue and NE 4th
Street (353 N Swinton Avenue).
The following non-appealable items were considered by the Board:
Approved (6 to 0), a variance reducing the required front setback from 25' to
20' to allow a colonnade to be constructed in front of the courtyard of the
Fellowship Hall at the First Presbyterian Church, located at 36 Bronson
Avenue.
Recommended on a 6 to 0 vote, that the Planning and Zoning Board approve
a request for a determination of similarity of use to allow a catering business
to be established in the OSSHAD (Old School Square Historic Arts District)
zoning district.
By motion, receive and file this report.
Attachment: Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
DECEMBER 7, 1999
L-~O CANAL
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L,.3a CANAl_ C-15 CANAL
S.P.R.A.B.:~. ACCENTS AND DECOR
M, BREMMER DEVELOPMENT
A. ATLANTIC PI-AZA N. REPUBLIC SECURITY BANK
B. $OVlERO FAMILY UMITED O. SWINTON PLACE ......... crP*/UMITS .........
~. TO.,E~S C.e~. H.P.B.: I ON[ M. E
F. HARDRIVES, INC. 1. 2t9 N.E. fSTAVENUE GRAPHIC SCALE
G. OFFICE DEPOT 2, MICHAEL WEINER LAW OFFICE BUILDING
H. LINTON MEDICAL PLAZA 3. 255 NORTH $WINTON AVENUE
I. U.S. 1AUTOPARTS 4. PENELOPE'S BREADS & THREADS CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
Jo WATER TREATMENT PLANT 1999
CHEMICAL STORAGE BUILDING
K. ROSAIRERETREAT --DIGITALBASEMAPSYSTEM.-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~C,5/"bl
SUBJECT: AGENDA ITEM ~,)-'- REGULAR MEETING OF DECEMBER 7, 1999
AWARD OF BIDS AND CONTRACTS
DATE: DECEMBER 3, 1999
This is before the City Commission to approve the award of the following bids and contracts:
1. Bid award to Tropical Lawn & Landscape Co. at an estimated annual cost of $11,712.50 for
the landscape maintenance of Atlantic Avenue (west of CSX Railroad to Military Trail), with
funding from 119-4144-572-46.40 (Beautification Trust Fund).
2. Lease award to Xerox for the three year lease of a Xerox 5352 Copier for the City Attorney's
Office at a total lease cost over the three year period of $10,629.00, with pricing per Florida
State contract and funding from 001-1611-514-44.30 (City Attorney - Equipment
Rental/Lease).
3. Purchase award in the amount of $15,036.00 to AMJ Equipment Corporation, sole source
vendor, for the purchase of eleven (11) new turbidity units to replace existing 1990 labor
intensive equipment that is failing, with funding from 441-5122-536-64.90 (Water Treatment
& Storage - Other Machinery/Equipment).
4. Contract addition in the amount of $30,000.00 with Aquifer Maintenance & Performance
Systems, Inc. to increase the contract amount for well rehabilitation to $60,000 for the
contract term of October 11, 1999 to October 10, 2001, due to additional work for
unexpected pump and column failures. Funding is available from 442-5178-536-63.97 (Raw
Water Well ;024 Rehab).
Recommend approval of the bid and contract awards listed above.
Ref:Bid.Agmem o. 12.7.99
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
Date: November 29, '1999
XX Consent Agenda ~ Special Agenda Workshop Agenda
When: December 07, 1999
Description of agenda item:
Bid award to Tropical Lawn & Landscape Co. for the landscape maintenance for Atlantic Avenue
(West of CSX Railroad to Military) for an estimated annual cost of $11,712.50.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Award to Tropical Lawn & Landscape Co. for the landscape maintenance for Atlantic Avenue
(West of CSX Railroad to Military) at an estimated annual cost of $11,712.50. Funding from
account code 119-4144-572-46.40 (Beautification Trust Fund).
Department Head Signatur~
Determination of Consistency h~~m~rehensive Plan: ' '
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all item~invol.ving,expenditure of funds):
Funding available: Yes No
Funding alternatives: (if applicable)
Account Number: J
Account Balance:
City Manager Review:
Approved for agend~ ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Supervisor "-~j~-k,
~A,
THROUGH: Joseph S~f~'&~nce Director
DATE: November 29, 1999
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
DECEMBER 07, 1999 - BID AWARD - BID #99-50
LANDSCAPE MAINTENANCE, ATLANTIC AVENUE
(WEST OF CSX RAILROADTO MILITARY TRAIL)
Item Before Commission:
The City Commission is requested to approve the award of Bid #99-50, landscape maintenance,
Atlantic Avenue (west of CSX Railroad to Military) annual contract, to Tropical Lawn &
Landscape Co. for an estimated annual cost of $11,712.50.
Background:
Bids were received on October 20, 1999, from nine (9) vendors all in accordance with City
Purchasing Policies and Procedures. Bid #99-50 on file in the Purchasing Office. A tabulation
of bids is attached for your review.
The Director of Parks and Recreation and Parks Superintendent have reviewed the bids received,
vendors equipment, checked references, and recommend award to low responsive bidder,
Tropical Lawn and Landscape Co. See attached memo dated November 15, 1999.
Recommendation:
Purchasing staff recommends the award to low responsive bidder, Tropical Lawn & Landscape
Co. for landscape maintenance, Atlantic Avenue (west of CSX Railroad to Military) at an
estimated annual cost of $11,712.50. Funding from account code #119-4144-572-46.40
(Beautification Trust Fund).
Attachments:
Tabulation of Bids
Memo from Parks & Recreation
TO: Jackie Rooney, Pur~as~ng Supervisor
THROUGH: Joe Weldon, Director~f Parks and Recreation
FROM: Ray Eubank, Parks Superintenden--e--e--e--e--e~~
DATE: November 15, 1999
SUBJECT: Bid #99-50, Landscape Maintenance, CSX Railroad to
Military Trail
I met with Michael Gleman of Tropical Lawn and Landscape Company to
inspect his equipment and discuss his submittal for the maintenance
contract of West Atlantic Avenue from.CSX Railroad to Military Trail.
Although his bid is substantially lower than the current contract he has the
necessary equipment and is confident that he will be able to provide the
level of service outlined in the bid package,
He is currently working for the City of Atlantis and I spoke to Ms.
Thornton, City Manager. She is satisfied with the service provided by
Tropical Lawn and Landscape Company.
I would recommend that the contract be awarded to Tropical Lawn and
Landscape Company.
RECEIVED NOV t 5 ~999
RE/sb
AGENDA ITEM NUMBER: ~ ,.,1-",,~_
AGENDA REQUEST
Request to be placed on: Date: November 30, 1999
XX Consent Agenda ~ Special Agenda ~ Workshop Agenda
When: December 7, 1999
Description of agenda item:
Requesting Award to Xerox for the three year lease of a Xerox 5352 Copier per the
Florida State Contract, Number 600-380-00-1 for a total cost at the end of three years of
$10,629.00.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
The Purchasing Division and the City Attorney recommend the three year lease from
Xerox for a Xerox 5352 Copier. The lease cost per month is $295.25 which totals $10,629.00 over
the three-year lease period. F~ken,~, o~u~t namer 001-1611-514-4430.
Department Head Signature: ~ --, ~ X~
Determination of Consistency wifi~Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all ite,.[n,,~ involving expendi,[ure of funds):
Funding available: Yes No
Funding alternatives: (if applicable)
Account Number: ~ ~ --t ~=, [ ~--~ I ¥~--- ~-~-, 3 ~
Account Description: ~-x'/~ ~- ~c-~, I ~-
Account Balance: '~, '~"~ c..~ ~
City Manager Review:
Approved for agenda: ~ ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
P.O. #
PURCHASING DIVISION
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Jennifer Schiilace, Buyer(~
THROUGH: e~
Joseph S ' ance Director
DATE: Novemb
SUBJECT: DOCUMENTATION
CITY COMMISSION MEETING, DECEMBER 7, 1999
THREE YEAR LEASE FOR XEROX 5352 COPIER FOR
THE CITY ATTORNEY'S OFFICE VIA THE FLORIDA
STATE CONTRACT.
ITEM BEFORE COMMISSION:
The City Commission is requested to approve award to Xerox for the three year lease of
a Xerox 5352 Copier for the City Attorney's Office at a total amount of $10,629.00 via
the Florida State Contract, #600-380-00-1.
BACKGROUND:
The City Attorney's Office is requesting approval of a three year lease from Xerox for a
Xerox 5352 Copier per the Florida State Contract, Number 600-380-00-1. The monthly
lease payment is $295.25 which totals $10,629.00 over the course of three years.
Please refer to the attached quote from Xerox.
RECOMMENDATIONS:
Purchasing staff recommends awarding to Xerox for a Xerox 5352 Copier at a total
lease cost over the three year period of $10,629~00. Pricing is per Florida State
Contract Number 600-380-00-1. Funding will be taken from account number
001-1611-514-4430.
ATTACHMENTS:
Quote from Xerox (10/29/99)
Memo from City Attorney's Office (11/29/99)
cc: Jacklyn Rooney, Purchasing Supervisor~,-
Susan Ruby, City Attorney
CITY OF DELRI:IV BEI:II:H
CITY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
Writer's Direct Line: 561/243-7091
Ail. America City_
DATE: November 29, 1999
~993
TO: David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Lease of Copier for City Attorney's Office
The City Attorney's Office is requesting authorization for a three-year lease of a Xerox
5352 copier which was recommended to us by Jennifer Schillace in Purchasing. This
copier is on State of Florida Contract//600-380-00-1. The lease price is $295.25 per
month which totals $10,629.00 over the three-year lease period. A copy of the bid is
attached for your reference. Our office has sufficient funds budgeted to cover the
monthly lease costs.
I would appreciate it if you would place this authorization on the City Commission
agenda for December 7, 1999.
Please call me if you have any questions.
Attachment
cc: Jennifer Schillace, Buyer
copierl .doc
CITY OF DELl/Ay BEACH
CITY ATTORNEY
XEROX $3S2
STATE OF FLORIDA
36 MONTH LEASE
Lease Price
XEROX S3S2A $29f.3S
Includes:
Automatic Document
Feeder (ADF),
Three Paper Trays, High Capacity Feeder and
Byp~m Tray
20-Bin Sorer
~,000 copies per month.
a//fupp//f# f~c~pf paper aAd
XEROX $352A with Stapler Option $312.43
Includes: Santo options as abov~
10/29/99 FRI 10:19 [TX/RX NO 6267]
AGENDA ITEM NUMBER: ~,.~'~'
AGENDA REQUEST
Request to be placed on: Date: November 30, 1999
XX Consent Agenda ~ Special Agenda ~ Workshop Agenda
When: December 7, 1999
Description of agenda item:
Requesting Award to AMJ Equipment Corporation for the purchase of 11 new turbidity
units for a total cost of $15,036.00.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
The Purchasing Division and the Superintendent of the Water Treatment Plant recommends
award to AMJ Equipment Corporation for the purchase of 11 new turbidity units for a total cost of
$15,036.00. The vendor is sole source. Funding will be taken from account number
441-5122-536-6490.
Determination of Consistency w omprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all it~ems involv)qg exgen~iture of funds):
Funding alternatives: (if applicable)
Account N umber:
Account Description:
Approved for a~enda:
Hold Until:
g~onda Coordinator
Roceived:
Action: Approved Disapproved
P.O. #
PURCHASING DIVISION
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Jennifer Schillace, Buyer
THROUGH: Joseph Sa"~~nance Director
DATE: November 30, 1999
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
DECEMBER 7, 1999
PURCHASE AWARD TO AMJ EQUIPMENT CORPORATION FOR
REPLACEMENT OF 11 NEW TURBIDITY MONITOR UNITS
ITEM BEFORE COMMISSION:
The City Commission is requested to approve award to A.M.J. Equipment Corporation
for the purchase of 11 new turbidity units to replace existing 1990 failing labor intensive
equipment for a total amount of $15,036.00.
BACKGROUND:
The City Commission is requested to approve award to A.M.J. Equipment Corporation
for the purchase of 11 new turbidity units to replace existing 1990 failing labor intensive
equipment. These units are required by the State to monitor our drinking water effluent.
This is a sole source purchase through A.M.J. Equipment Corporation. (See attached
letter from GLI International dated November 23, 1999).
The Manager at the Water Treatment Plant recommends this purchase from A.M.J.
Equipment Corporation for a total amount of $15,036.00.
RECOMMENDATIONS:
Purchasing staff recommends awarding to the sole source representative, AMJ
Equipment Corporation, for a total of $15,036.00. Funding will be taken from account
number 441-5122-536-64.90.
ATTACHMENTS:
Letter from GLI Int. (11/23/99)
Memo from WTP (11/16/99)
cc: Jacklyn Rooney, Purchasing Supervisor ~'
Don Haley, Supt. of Water Treatment Plant
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: Jackie Rooney
FROM: Don Haley '~
SUBJECT: Requisition 75827 (replacement turbidity monitor)
DATE: November 16, 1999
Please process an agenda request for the purchase of eleven (11) new turbidity units to replace
our existing 1990 failing labor intensive equipment.
These units are required by the State to monitor our drinking water effluent.
This purchase will be "sole source" through A.M.J. Distributors, (see attached) The
manufacturing states authorized agent, using MFG. Specifications (see attached) that no other
suppliers can meet. GLI International has the only turbidity monitor with a twin beam- L.E.D.
sensor. Other manufacturers use a lightbulb that starts to die the moment it's turned on.
The purchase will include:
11- T53B4AI N @ $1,326.00 = $14,586.00
1- 8220-1300 @ $ 450.00 -- $ 450.00
Total $15,036.00
Funding is from account 441-5122-536-64.90
\~ESSRVOO21ringersen\memo formatlreq75827greatlakes.doc
International
9020 West Dean Road
RO. Box 245022
Milwaukee, WI 53224
11-23-99 USA
office: (414) 355-3601
fax: (414) 355-8346
e-mai/: info~--~gliint.com
Mr. Don Haley
Manager Water Utility
Delray Beach Water Treatment Plant
200 SW 6th St.
Delray Beach, FL 33444
Dear Mr. Haley,
This letter is written to confirm that:
· GLI International Inc, formerly Great Lakes Instruments is the sole manufacturer of
the Accu4 series (T53/8320T) Turbidity systems, and that
· AMJ Equipment Corporation (your contact being Mr. Jeff Foy) is the sole
representative for GLI products in your geographical area of Florida.
Should you have any questions or need further information, please feel free to contact
me.
Sincerely yours,
Regional Sales Manager
Enclosure
Cc: Mr. Jeff Foy (AM J)
GLI International, Inc.
A ¥iridor Instrumentation company
AGENDA ITEM NUMBER: (~P~"z/g'
AGENDA REQUEST
Request to be placed on:
Date: December 07, '1999
XX Consent Agenda __ Special Agenda ~ Workshop Agenda
When: December 07, 1999
Description of agenda item:
Contract addition in the amount of $30,000 with Aquifer Maintenance and Performance Systems
Inc. for well rehabilitation to increase the estimated annual usage amount of bid award to $60,000.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Approve the contract addition of $30,000 to bid award (Bid #98-50) to Aquifer Maintenance and
Performance Systems Inc. for an estimated annual usage of $60,000. Funding from account
code 442-5178-536-63.97. ~~~.~
Department Head Signatu . ~ ~.~
//
Determination of Consistency v~f'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 Number: ~ --
Account Description: ~
Account Balance: dp
City Manager Review: ~'~s] ~'///C/]/I
Approved for agenda: (.-~z No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Jacklyn~chasing Supervisor ~
THROUGH: Joseph SatF6'~l~inance Director
DATE: December 01, 1999
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
DECEMBER 07, 1999 - CONTRACT ADDITION APPROVAL
FOR WELL REHABILITATION - ANNUAL CONTRACT WITH
AQUIFER MAINTENANCE & PERFORMANCE SYSTEMS INC.
Item Before Commission:
City Commission is requested to approve a contract addition of $30,000 to Aquifer Maintenance
& Performance Systems Inc. for well rehabilitation - annual contract - awarded by City
commission September, 1998, for an estimated annual cost of $30,000. This addition would
bring total cost to estimated annual usage of $60,000.
Background:
City Commission, on September 15, 1998, awarded Bid #98-50, Well Rehabilitation- Annual
Contract, to Aquifer Maintenance & Performance Systems Inc. for an estimated annual usage of
$30,000. This was a one (1) year contract with the option to renew for an additional two (2)
years subject to City Manager approval and vendor approval.
On April 06, 1999, City Commission approved a contract addition of $36,000. (Copy of agenda
dated April 06, 1999, attached). The Manager of the Water Treatment plant is requesting an
additional $30,000 be added this year for a total of $60,000 for the contract term of October 11,
1999, to October 10, 2001, due to additional work for unexpected pump and column failures per
attached memo dated November 22, 1999.
Recommendation:
Staff recommends the approval for the contract addition of $30,000 to Aquifer Maintenance &
Performance Systems, Inc. for a total estimated annual usage of $60.000. Funding from account
code 442-5178-536-63.97.
Attachments:
Memo From Manager Water Treatment Plant Dated 11/22/99
Commission Agenda Dated 04/06/99
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: Jackie Rooney
FROM: Don Haley ~
SUBJECT: Requisition # 75408 A.M.P.S.
DATE: November 22, 1999
Please process our agenda request to approve the blanket order with Aquifier Maintenance and
Performance Renewal. As you are aware, Mr. Harden has approved same (see attached), also
we have exceeded the original award for the last 2 years (see attachment 2) and now requesting
$60,000 for this coming year. Funding is from 442-5178-536-63.97 - Well Rehabilitation.
REVISED 11/23199
cc: Dan Beatty
/cr
U:lmemos frorn H~LEY~amps req75408.112299, doc
£1T¥ UF ELI:II:I¥ BEI:i£H
DELRAY BEACH
~Jl-.~llll~l~] 100 N.W. 1st AVENUE · DELR~;Y BEACH, FLORIDA 33444 · 561/243-701~0
October 21, 1999
1993
James Murray
Aquifer Maintenance & Performance Systems Inc.
3540 S.W. 46th Avenue
Davie, Florida 33314
KEF: Bid #98-50
Well Rehabilitation - Annual Contract
(Renewal)
Dear Mr. Murray;
Our City Manager, on October 20, 1999, has approved the two (2) year renewal for the above
referenced subject with your company.
Term of the contract will be from October 11, 1999 to October 10, 2001. Item(s) shall be ordered via
individual purchase orders and/or blanket order releases on an "as needed basis" for the contract term.
Please send to my attention, Purchasing Division, an updated certificate of insurance naming the City
of Delray Beach as additional insured as stated in the Insurance Requirements (pages 13 & 14 of the
bid).
We would like to thank you for your good service and interest in the City of Delray Beach. If you have
any questions, you may reach me at (561) 243-7163.
Sincerely,
Purchasing Supervisor
cc: Joseph ~2ff~6~,~Finance Director
Don Haley,Tvl~nager Water Treatment Plant
THE EFFORT ALWAYS MATTERS
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David Harden
City Manager
FROM: Dan Beatty, P.E.~)"~
Deputy Director,ef-.Pa151ic Utilities
DATE: March 29, 1999
SUBJECT: Contract Addition - Aquifer Maintenance & Performance Systems,
Inc.
Attached is an agenda request for a contract addition in the amount of $36,000.00 for
Aquifer Maintenance and Performance Systems, Inc. (AMPS)for well rehabilitation and
replacement. The current annual budget amount for this program in Renewal and
Replacement is $30,000.00. Similar to last year, we have experienced an unexpected
number of pump and column failures as well as wells requiring acidization for capacity
restoration. Due to the foregoing circumstances, the initial $30,000.00 cohtract amount
has been exhausted.
Based on the rate of well related failures thus far in the year, we are requesting the
additional $36,000.00 contract addition for AMPS in anticipation of further rehabilitation
requirements. Funding for this expenditure is available in R&R Account ~42-5178-536-
61.82, Well Rehabilitation/Replacement (budget transfer is attached).
Please place this item on the April 6, 1999 Agenda for consideration by City
Commission.
cc: Richard C. Hasko, P.E., Director of Environmental Services
Don Haley, Manager, Water Treatment Plant
Allison MacGregor Harty, City Clerk
Agenda File
C:\My Oocuments~,MP S.mem.doc
Agenda Item No. ~'- .77. ~
Date: December 6, 1999
Request to be placed on:
Workshop Agenda When: December 7, 1999
XX_ Regular Agenda
Special Agenda
Description of item (who, what, where, how much): Purchase of Meal Jockey III, Special Events
Response Vehicle from Gilberti, Inc. of West Palm Beach. Funding of $14,718.00 to
come from the Paramedic Account #115-0000-248-97-00. The money will be
reimbursed by the Palm Beach County EMS grant.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATI'ACHED YES/NO
Recommendation: Staff recommends approval of this bid award to Gilberti, Inc. This is a
specialized vehicle; the company is the sole source of the vehicle. Funding will be
reimbursed by the grant awarded by Palm Beach County EMS.
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 O/NO ~Q
Account No. & Description ~
Account Balance U
City Manager Review: Approved for agenda.'~/NO Hold Until:
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
[ITY OF DELliI:IY BEI:IEH
FIRE DEPARTMENT SERVING DELRAY BEACH · GULFSTREAM - HIGHLAND BEACH
Ali.America City
1993 M E M O R A N D U M
FROM: ROBERT/~, FIRE CHIEF
DATE: DECEMBER 6, 1999
SUBJECT: AUTHORIZATION OF FUNDS FOR SPECIAL EVENTS
RESPONSE VEHICLE
On December 23, 1999, I was informed that we were awarded an EMS County
Grant totaling $14,718.00 to purchase an additional Special Events Response
Vehicle. This grant will allow us to more efficiently and effectively deliver
Emergency Medical Services in the unique environment associated with large
crowds.
After in-depth research, I am recommending that we purchase the MedJockey III
Special Events Response Vehicle. Attached you will find a copy of the back-up
information from Giliberti Inc., the manufacturer and sole source for the
MedJockey III. The funds are available in the paramedic account, #115-0000-
248-97.00, and should be re-deposited in this account once the County
reimburses the City through the grant process.
If you need any additional information concerning this matter please feel free to
contact me.
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
(561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461
Printed on Recycled Paper
Department of Public Safety
Division of Emergency Management
)ffice of Emergency Medical Services
20 S. Military Trail December 2, 1999
west Palm Beach. FL 33415
(561) 712-6400 Mr. Richard Murphy, Division Chief
FAX: (561) 712-6449 Delray Beach Fire Department
www. co.palm-beach.n.us 501 W. Atlantic Avenue
Delray Beach, FL 33444
· Dear Mr. Murphy:
Palm Beach County The Palm Beach County Office of EMS has approved $14,718.00 for your
Board of County agency from the State of Florida EMS County Grant Award Program.
Commissioners
Maude Ford Lee. Chair Prior to any expenditures, our agency requires a resolution and a letter of
confirmation from your agency's administrator concurring with the
Warren H. Newell, Vice Chairman amount of the award, activity and expenditure plans, and assurance that
Karen T Marcus your agency will comply with state and county grant requirements,
Carol A. Roberts including reporting. In addition, any proposed changes require approval
from our office prior to any expenditures, or reimbursement cannot be
Mary McCarty guaranteed.
Burl Aaronson
Tony Masilotti Enclosed is your agency's grant activity and expenditure plan. All
reimbursement requests are due by Friday, September 29, 2000. After this
date we will not guarantee reimbursement. The earlier we receive your
request, the earlier we can reimburse ~'our aeency.
County Administrator
For additional information, please contact me at 712-6485.
Robert Weisman
Sincerely,
T~m Horg
EMS Project Coordinator
'An Equal Opportunity ' .
Affirmative Action Employer' '
~ printed on recycled paper ~'~~
"09/21'/1999 1'3:51 5614717099 GILIBERTI INC PAGE 02
Rich Murphy G I L 1 B E R T 1
Delray Beach Fire Department
Delray Beach, FL
Fax: 561-243-7461
Dear Mr. Murphy;
It was a pleasure speaking with you today and I look fo~,,vaxd to building a
MedJockey 1II per your request. Please note, Giliberti, Inc. is the sole
manufacture of the MedJockey.
I understand that the Delray Beach Fire Department received a grant of
$14,718.40 for the vehicle. Giliberti, Inc. will discount the vehicle $435.40
from the initial price of $15,153.40 on the proposal dated June 15t~, 1999.
The MedJockey will have a one-year warranty on everyth/ng but the fires
and abuse.
I would like to stop by your station house after we receive your
confirmation. At this time, I would like to assist you in your choice of color
scheme.
Thank you for your consideration and have a nice day.
Sincerely yours,
John F. Oiliberti, Jr.
7153-1 Southern Boulevard · West Palm Beach, FL 33413
Phone (.~61 ) 471-7090 Fax (561 ) 47 ! -7099 ! (800) 752-6087
13:51 56147170g~ GILIBERTI INC PAGE 03
GILIBERT1TM
Makers of
~T~ AirJockey~t MedJockeY~ TurfAcg~
Alloy Alloy
Proposal For Delray Beach Fire Department
June lSth, 1999
Revised on September 21st, 1999
Description
MedJockey III(T~) - Electric w/4-Wlteel Brakes, and Trailer $12,500.00
Includes: Capacity for Patient, Driver and Two Attendants
Front Attendant's seat can face front or rearward.
Options for 1999 MedJockey
StairChaJr Compartment $200.00
Color Accent NIC
Enclosure(INindshield Fold Down & Side Curtains) $500.00
Fan $60.00
Lights, Emergency, Waming& Remote $700.00
Mirror, Rear View (2) $70.00
Radio/Cup Holder $23.40
Roof (Canopy) $600.00
Storage Box $500.00
Total $15r153.40
Above does not Include:
Stretcher
Discount -$435.40
Total
Notes: (1) Delivery will be 6-10 from receipt of purchase order.
(2) Includes one-year warranty, excluding abuse and tires.
(3) Does not include Sales Tax if applicable.
PW (il1) 47t-7ee0 · FAX; (S$1) 47t-7e~1 - t (M)/IWl?
PI610U02 City Of Delray Beach Florida 9/23/99
Number : 0000074408 Purchase Requisition 13:59:39
Type information, press Enter.
Type (F4) ....... ~ PURCHASE REQUISITION
Reason ........ SERV
By .......... CONFIRMING R.TILGHMAN
Date ......... 092399
Vendor number .....
Name (F4) ...... GILIBERTI
Search type .... _ B=Begins with, C=Contains
Contract nbr (F4)
Ship to (F4) ..... S1 FIRE HEADQUARTERS
Deliver by date .... 092319
Fiscal year code ~
Type options, press Enter.
2=Change 4=Delete 8=Item extended description 9=Quotes
Opt Line# Quantity UOM Description
1 1.00 EA MEDJOCKEY 111
COMMENTS EXIST Total: 14718.40
F3=Exit F4=Prompt F6=Add item F7=Alternate view
F8=Requisition quotes F12=Cancel F20=Comments F21=Copy
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, PLANNING AND ZONING DIRECTOR
FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER
SUBJECT: MEETING OF DECEMBER 7, '1999.
APPEAL OF THE HISTORIC PRESERVATION BOARD'S CONDITION OF
APPROVAL TO ADD HARDWARE TO EXTERIOR DECORATIVE SHUTTERS
FOR THE CASTLE FLORIDA BUILDING, 150 N. SWINTON AVENUE AND
THE DITTMAN FEDERSPEIL BUILDING, '15'1 NW 1~' AVENUE.
The action requested of the City Commission is that ofconsideration of an appeal of the Historic
Preservation Board's condition of approval with respect to exterior shutters which were not
installed as indicated on the original condition of approval.
The Board approved the site plan, landscape plan, elevations and design elements for the
Castle Florida building on October 7, 1998 and the Dittman Federspeil building on December 2,
1998. The buildings were constructed by Castle Florida Builders, who also acted as authorized
agent. Both buildings have received a CO and are occupied.
The staff report for the Castle Florida (Swinton Ave.) building stated that the shutters would be
decorative (inoperable) and made of wood. A condition of approval for the Castle building was
as follows:
That appropriately sized (1/2 the width and full height of the window) wood Iouvered
shutters, wall mounted with spacers to make them appear operable, be used where shutters
are indicted on the elevations. The use of shutters on the front elevation was left to the
owner's discretion.
The staff report for the Dittman Federspeil building (NW 1st Ave.) also stated that the shutters
would be decorative (inoperable) but did not specify the shutter material, as the applicant was
proposing an alternative material. A condition of approval for the Dittman Federspeil building
was as follows:
That shutters will be installed where indicated on the elevations. The shutters are to be ~
the window width and full height and will be wall mounted but are made to appear operable
by inserting spacers between the wall and the shutter.
~ The applicant will return for review for the material of the shutters (aluminum or plastic) and
for the exterior paint colors.
City Commission Documentation
Meeting of December 7, 1999
Appeal of HPB Action - Castle Florida & Dittman Federspeil
Page 2
As a result of Hurricane Andrew a policy statement was issued by the south Florida Building
Code requiring that all new windows have either impact resistant glass or hurricane rated
shutters or panels. Therefore, as more impact glass was installed, requests to install decorative
shutters increased. Prior to the current requirements the Board did not approve the use of
decorative shutters. In an attempt to compromise the shutter issue the Board developed a
policy for the installation of decorative shutters and that policy has been consistent; shutters
must appear operable, with spacers between the wall and the shutter and with the appropriate
hardware installed where indicated. However, most applicants appreciate the aesthetic appeal
of operable shutters, and even when using impact resistant glass will install correctly
proportioned operable shutters. The following is a list of some recent developments where
operable shutters were installed:
The Sundy Inn Complex, 106 S. Swinton Avenue
The Rectory Building, 14 S. Swinton Avenue
The Stofft Building, 42 N. Swinton Avenue
The Rhoden Building, 2 E. Atlantic Avenue
Kellerco Construction, 3 residential structures: 200 NE 5th Street; 300 & 306 N. Swinton Avenue.
The installation of the decorative shutters on both buildings does not conform to the condition of
approval. The Castle Florida shutters were to be made of wood and the material for the Dittman
Federspeil shutters was not approved. Vinyl shutters have been installed on both buildings and
are mounted directly to the wall, without spacers or hardware, and therefore required the
Board's review as a modification to the previously approved design elements.
At the meeting of November 3, 1999 the Historic Preservation Board reviewed the change in the
approved shutter material and method of installation. The Board approved the elevation
changes to allow the decorative vinyl shutters to remain, with the following condition:
That black hinges and shutter dogs (hardware used on operable shutters to secure them
when in the open position) be installed on all the shutters in a manner that makes the
shutters appear operable. The shutter dogs are to be installed at the outer bottom corner.
The Board members felt that by adding the appropriate hardware the shutters could be made to
appear operable and therefore partially conform to the Delray Beach Design Guidelines, which
state that shutters should close over the window surface they frame; and they should always be
attached to the window casing rather than the wall.
Commission's Discretion.
Filelslpzlhpblcc-doc-Dittman Federspeil appeal
CASTLE
I~ ~ll~ II~.,I 150 N. Swinton Avenue-Suite 100 · Delray Beach, FL 33444 · 561.272.1207
GENERAL CONTRACTOR e-mail: castlefl@gate.net, www. castleflorida.corn · Fax: 561.272.0117
November 16, 1999
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
Attention: City Clerk
NOTICE OF APPEAL
HISTORIC PRESERVATION BOARD FINDING
1. Project Name: COA-351, Castle Florida Building, Address: 150 North Swinton
Avenue, Delray Beach, Florida 33444
2. The Historic Preservation Board entered a finding on November 3, 1999, with
respect to the above-captioned Application for Certificate of Appropriateness approving elevation
changes to allow inoperable decorative vinyl shutters to remain with the following condition: "That
black hinges and shutter dogs be installed on all shutters in a manner that makes the shutters appear
operable. The shutter dogs are to be installed at the outer bottom comer."
3. The determination made by the Historic Preservation Board is not based upon any
duly adopted guidelines with respect to the installation of shutters and is being arbitrarily applied.
The requirement of applying the black hinges and shutter dogs would not be aesthetically attractive
and is not feasible when one considers the instability of the attachments to the foam border trim
existing on the structure around the windows.
4. The relief being sought is to overrule the conditions to the action requested and
approve the elevation changes allowing the inoperative decorative vinyl shutters, as currently
installed on the project, to remain without alteration.
Sincerely,
i Appellant
~, Lloyd Hasner,
' CFBC, LLC R E C E I V E D
Member
NOV 1 6 19.99
CITY CLERK
SPINNER DITTMAN FEDERSPIEL & DOWLING
ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS
ROBERT A. DITTMAN, P,A,1 151 N,W. FIRST AVENUE
DONALD C. DOWLING 2 DELRA¥ BEACH, FLORIDA 33444
ROBERT W. FeDERSPIEL, P.A.
TELEPHONE (56i) 276-:~900
dOhN w. SPINNER (1927-1998) FACSIMILE (561) P76-szsB9
1ALSO ADMITTED IN OHIO AND COLOF~ADO
~A-so ADM'TTED ', .Ew YoRK ^ND ,-L, NO,S November 16, 1999
FAMILY LAW AND CIRCUIT COURT
meDIAtOr AND ARBITRATOR
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
Attention: City Clerk
NOTICE OF APPEAL
HISTORIC PRESERVATION BOARD FINDING
1. Project name: COA-364, Dittman Federspiel Building, Address: 151 N.W. First
Avenue, Delray Beach, Florida
2. The Historic Preservation Board entered a finding on November 3, 1999, with
respect to the above-captioned Application for Certificate of Appropriateness approving elevation
changes to allow inoperable decorative vinyl shutters to remain with the following condition: "That
black hinges and shutter dogs be installed on all shutters in a manner that makes the shutters appear
operable. The shutter dogs are to be installed at the outer bottom comer."
3. The determination made by the Historic Preservation Board is not based upon any
duly adopted guidelines with respect to the installation of shutters and is being arbitrarily applied.
The subject project has been constructed with impact glass throughout and operable shutters are
an unnecessary redundancy. The requirement of applying the black hinges and shutter dogs would
not be aesthetically attractive and is not feasible when one considers the instability of the
attachments to the foam border trim existing on the structure around the windows.
4. The relief being sought is to overrule the conditions to the action requested and
approve the elevation changes allowing the inoperative decorative vinyl shutters, as currently
installed on the project, to remain without alteration.
~lant /
Robert W. Federspiel E C E lYE D
~ Partner/Owner
N 0¥ ! 6 1999
CITY CLERK
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~,~
SUBJECT: AGENDA ITEM <~/~ - REGULAR MEETING OF DECEMBER 7, 1999
REQUEST FOR WAIVER/CONTRIBUTION FOR IMPROVING AND/OR
EXTENDING S.W. 7TM STREET
DATE: DECEMBER 3, 1999
We received the attached request from Mr. Romula Guilarte, President, Stone Station Florida Inc., to
waive the requirements of LDR Section 6.1.2(A)(2) which calls for a project to contribute half the
cost of improving an unimproved local street located on a boundary of a proposed project.
Mr. Guilarte's company is interested in purchasing property located at the southeast corner of S.W.
15th Avenue and S.W. 7th Street for possible industrial development. As indicated in his attached
letter, the purchase will not proceed if the City requires the property owner to pay at least half the cost
of improving and/or extending S.W. 7m Street. The City Commission may waive all or a portion of
this requirement (estimated at approximately $30,000) provided the City Engineer concurs in the
granting of the waiver.
Waivers are typically requested in conjunction with site plan approval applications. In this case,
however, Mr. Guilarte does not want to incur the costs associated with a site plan submittal if he
cannot be assured that he will not be required to contribute to the cost of the S.W. 7th Street
improvements.
Recommend Commission consideration. The City Engineer will be present at the meeting to discuss
the waiver request.
Ref:Agmemo22.Waiver Request. SW 7d~ Street Imp.
DEIR^¥ B~CH
· l-~e~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 - 5611243-7000
1993
Mr. Romula Guila~e, President
Stone Station Florida, Inc.
12508 N.W. 19th Co~
Pembroke Pines, FL 33028
Dear Mr. Guila~e:
You have requested that the City of Delray Beach waive the requirements of its Land
Developmem Regulmions, Section 6.1.2 (A) (2), for you to contribute half the cost of
improving S.W. 7th Street along the boundary of the prope~y which you propose to
purchase from Mr. Scaltfito.
I m scheduling yo~ waiver request for consideration by City Co~ission at their
December 7, 1999 meeting. The Co~ission meeting Mll begin at 6:00 p.m. I strongly
reco~end that you or your representative a~end the City Co~ission meeting.
Sincerely,
David T. Harden
City M~ager
DTH:kwg
cc: Fra~ A. Scaltrito
File:u:graham/¢mgr
Doc.:Ltr to Romula Guilarte
THE EFFORT ALWAYS MATTERS
Pnht~d o~ ,qecycled Paper
Memo
To: David Harden, City Manager
/,/3
From: Lula Butler, Director, Community Improvement(//~f~
Date: December 1, 1999
Re: City Commission Waiver of Permit Fees - American Legion, Post 65
ITEM BEFORE THE BOARD:
City Commission consideration of a request to waive assessed building permit fee estimated at $2,500
for improvements to the American Legion Post 65 building located at 263 North Federal Highway.
Commander Scott Schley submitted the request.
BACKGROUND:
Dove Enterprises, Inc. acting on behalf of the American Legion Post 65, submitted construction plans
and the required applications for intedor demolition and renovation of the historic designated building
July 17, 1997. The permit was approved and issued with conditions on August 22 of the same year.
They paid $2,222.00 for the permit fee. Staff closed the permit file, effectively canceling the permit on
August 12, 1998 after verifying that the first and only inspection for the project was done on August 29,
1997 and that all work on the building had been discontinued for at least six (6) months.
Commander Schley is now coordinating the completion of the renovation project. He acknowledges
the fact that there were problems with the coordination of the work, general oversight of the contractor's
work as well as experiencing major cost overruns. They have hired a new contractor, consulted with the
Chief Building Official and will be submitting new plans and applications to complete the project. They
are asking for a waiver of the permit fee because they paid the total fee initially and to repay these fees
would be a financial hardship to the Post. They are required to submit revised plans to comply with
existing building code requirements and anticipated changes that will result from the Engineer's report
that is specified by the Chief Building Official.
A copy of the letter of request is attached to this memorandum for your reference.
RECOMMENDATION:
Staff is recommending that the City Commission approve the request to waive the permit fee to
complete the renovation of the Amedcan Legion Post 65.
®Page1 4:~. d '
Date: December 1, 1999 Agenda Item No.
AGENDA REQUEST
Agenda request to be placed on:
__X Regular __ Special __ Workshop __ Consent
When: December 7, 1999
Description of Agenda Item:
Request to Waive Permit Fees - American Legion
263 NE 5th Avenue
Ordinance/Resolution Required: Yes (~) Draft Attached: Yes / No
Recommendation: Approve
Department Head Signature: '~ ~
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 # & Description:
Account Balance:
City Manager Review:
Approved for agenda:~ / No
Hold Until: ~[A-'1
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
AMERICAN LEGION RECEIVED
Milton M ye rs, Post o c'f i 9 i999
~,~~~," PO Box 136S CITY MANAGER
"~~~' Delray Beach, FL 33447
Friday, October 16, 1999
Mr. David Harden
City Manager of Delray Beach
100 NW 1~ Ave.
Delray Beach, FL 33444
RE: American Legion Post, located on 263 NE Federal Highway, Delmy Beach, Florida
~ .
Dear Mr. Harden;
This letter is a follow up on our meeting on Wednesday, Oct. 13a. As I indicated to you, the
American Legion had completed the initial phase of renovations to Post located on 263 NE
Federal Highway, a designated historical landmark in the City of Delmy Beach. This renovations
included structural reinforcing of the walls, and roofing at a cost of $70,000. After a pause of
several years, our Post has started phase II. We hereby request the City of Delmy Beach to waive
the Building Permit fees for the continuation of renovations to the Post. The Permits fees were
paid for when we started the project. We also request the waiving of the fmcs the City of Delray
Beach imposed on the American Legion for exterior landscaping work.
We have already started work on Phase 11 to this building and hereby request the City of Delray
Beach to assist us in completion &this project.
I look forward to hearing from you shortly.
For God and County
Sincerely Yours,
Scott Schley, Commander ~fl
American Legion, Post 65
DELRAY BEACH
~/~C~t~ i:~:C N.\!~;. ~St ~,~'Er~L;~ DEL~qAY BEACN. FLORIDA 33444 - 561/243-7000
1993
~c~ ~io~ - ~i1~o~ ~s Post 65
P.O. Bo~
D~I~a~ B~acb, B~ 33447
D~ Co~d~ Sc~:
~o~mb~ 22"~. ~ follo~ ~t~ms ~r~ d~scuss~d ~d aS~d
d~c~s~o~ o~ ~o~ ~u~s~ ~1 b~ mad~ at ~ CJ~ Co~ssio~ m~8 o~
D~c~mb~ 7m ~ 6:00 pm. ~ ~co~d tba~ som~o~ ~om ~o~ o~ado~ ~d ~s
m~d~ to ~spo~d to ~X ~u~sdo~s tb~ Co~issio~ ma~ ba~.
243-7226.
4. Yo~ co~clo~ must ~p~iX ~o~ ~ ~t~o~ d~moI~do~ p~t ~o ~mo~ ~ 5oo~ so ~
~~ c~ d~t~i~ ho~ to d~s~8~ tb~ 5oo~ ~d ~t~ 1b~ s~c~ ~o~ ~ most
S. ~o~ ~ ~d to sub~t ~ ~q~i~d ~i~'s ~o~ ~d~ ~as i~sp~c~d abo~ ~
JSZ:DQ
£1T¥ DF DELRR¥ BER[H
DELRAY BEACH
'llllJ o: David T. Harden
City Manager
1993
FROM: ^~/2/Robert A. Barcinski
Assistant City Manager
DATE: December 2, 1999
SUBJECT: Agenda Item City Commission Meeting December 7, 1999 Parking License
Agreement - Martini's on Atlantic
ACTION
City Commission is requested to consider approval of a Parking License Agreement with
Martini's on Atlantic for a six (6) space valet parking queue on the south side of Atlantic Avenue
east of SE 1st Avenue.
BACKGROUND
Attached is the standard parking license agreement, as well as proof of insurance and private lot
use for Martini's on Atlantic. They are requesting use of six parking spaces east of SE 1st Avenue
on the south side of Atlantic for a valet queue.
The Parking Management Advisory Board reviewed this request at their meeting on October 26,
1999 and unanimously recommended denial. The main reason for the Board's denial was that
they did not want parking queues in front of every block on Atlantic Avenue. They expressed
concern about traffic congestion, appearance, and restricted use of additional on street parking,
and in recommending a change in City policy. In January 1999 City Commission established
policy concerning Parking License Agreements and the terms and conditions of approval. In light
of the desire not to have valet parking in every block, City Commission designated four (4)
locations where valet queues could be established. The requested location is not one of the
approved sites. The Board indicated that the applicant could use one of the sites just east or west
of the requested location. The applicant is now submitting their request for Commission
consideration.
RECOMMENDATION
Staff concurs with the Parking Management Advisory Board's recommendation and recommends
denial.
RAB/tas
File.'u: sweeney/agenda
Doc:martini's on atlantic license agreement
THE EFFORT ALWAYS MATTERS
AGENDA ITEM NUMBER: ~'.
AGENDA REQUEST
Request to be placed on: Date: December 2, 1999
X Regular Agenda ~ Special Agenda ~ Workshop Agenda
When: December 7, 1999
Description of agenda item:
City Commission is requested to consider approval of a Parking License Agreement with Martini's
on Atlantic for a six (6) space valet parking queue on the south side of Atlantic Avenue east of SE
1st Avenue.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation: Approval
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 Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: ~ ~r~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
P.O.#
Urology, P.A. Victor J. Souaid, M.D.C.M., F.R.C.S.C.
Board Certified in Urology
November 30, 1999
Mr. Robert A. Barcinski
Assistant City Manager
City of Delray Beach
100 NW First Avenue
Delray Beach, FL. 33444
Re: Valet parking lanes for Martini's on Atlantic
Dear Mr. Barcinski,
In reference to your previous communications and the Parking Board's denial of my
request for six (6) parking places, I am formally requesting an appeal.
Martini's on Atlantic opened for business on November 30th, 1999 and we are
flooded with patrons. In reviewing the parking situation at Thirty Two East and
Dakota, their valet companies are equally overwhelmed with the heavy load of
traffic, espeCially on the week-ends.
I firmly believe that valet companies will improve the flow of traffic on Atlantic Ave.
and not slow it down. This would only help all of the investors and businesses on
the Avenue.
I respectfully submit this appeal request and look forward to your response. Until
then, ! remain,
Sincerely,
Victor J. Souaid, M_D_
2100 E Sample Road, Suite 203 · Pompano Beach, Florida 33064
5800 Colonial Drive, Suite 303 ' Margatc, Florida 33063
954.786.8989 · Fax 954_786_0308
Ul~o~ P.J~.. Victor J_ Souaid, M.D.
2100 E. Sample Road
Suite # 203
Pompano Beach FL. 33064
Telephone 954-786-8989
REC£1
October 20, 1999 0 C T 2 I 1999
Mr. Robert A. Barcinski c/7-¥ r,/~,~r~,A;~ _~'
Assistant City Manager
City of Delray Beach
100 NW First Avenue
Delray Beach, FL. 33,!,!7!
Dear Mr. Barcinksi,
In reference to your previous communication and the Parking Board's tabling of my request for six (6)
parking places, ~ submit the following documentation as requested.
The Valet Company that we have employed is Tropical Valet, inc., the same Valet Company that works
for THIRTY -D/VO EAST Restaurant on Atlantic Avenue.
THIRTY TWO EAST restaurant, as you may already be aware, has the use of slx (6} parking spaces
in front of their restaurant between 5 PM and 2 AM, 7 days per week. We are only requesting that a
similar decision be made in our favor, as was made for THIRTY TWO EAST. May I suggest that a
compromise can be attained in order to alleviate the Parking Board's concerns and satisfy our request.
In granting us six (6) parking spaces for valet use, we are actually trading off 72 additional spaces for
patrons to use when coming to Atlantic Avenue in the evening. This will only help our business as well
as our neighbors', and alleviate traffic concerns for the city.
All of the necessary insurance requirements will be met prior to any commencement of business.
I appreciate your attention to this matter and eagedy await a positive response. Jf the Board wishes to
discuss a possible compromise, I am available at your leisure.
Sincerely,
Victor O. Souaid, M.D.
VJS: si
MB: Attached are insurance certificates requested by you_
[ITYt F OELI:II:IY BEIIgH
DELRAY BEACH
~-J~II~I~C~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444. 561/243-7000
1993
Mr. Victor Souaid, M.D., C.M., F.R.C.S.C.
2100 East Sample Road
Suite 203
Pompano Beach, FL 33064
Re: Request for Parking License Agreement "Martini's on Atlantic"
Dear Mr. Souaid:
At. their meeting held on September 28, 1999, the Parking Management Advisory Board
tabled action on your request. Before the Board will take action I will need a copy of the
insurance certificate required as exhibit "A" of your standard form agreement and a letter
from your landlord indicating the spaces stated in your letter can be used for valet
parking.
In addition, during discussions of this item the Board was not in favor of granting the use
of six (6) spaces or in having parking "queues in every block".
Please submit the additional information and any amendments you might wish to make to
the agreement to me by 10/20/99. The next Board meeting will be on 10/26/99.
Please call me at (561) 243-7011 if you have any questions.
Sincerely,
Robert A. Barcinski
Assistant City Manager
RAB/tas
Fil¢:u:$w¢¢ney/parking
Doe: 092999a
cc: David T. Harden, City Manager
THE EFFORT ALWAYS MATTERS
M! MORAND
TO: Parking Management Advisory Board
FROM: ~'~obert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item - PMAB Meeting September 28, 1999
Parking License Agreement / Martini's on Atlantic
DATE: September 24, 1999
Attached is a letter request from Victor J. Souaid representing Martini's on Atlantic
requesting approval of a P~,.~. License Agreement for six (6) queue spaces on the south
st
side of Atlantic Avenue, ~-'g'f'of S.E. 1 Avenue. The request is for use of the spaces
Sunday through Saturday, 5:00 p.m. to 2:00 a.m. The applicant has indicated they have
received permission to utilize the spaces in the Gripp Building. As of this memo, I have
not received a copy of the executed license agreement and insurance certificate but
expect to have both documents by Tuesday.
The valet location requested is a new location. The Board and City Commission
originally approved the following locations for valet queues:
· South side of Atlantic between Swinton and S.E. 1st Avenue
· South side of Atlantic between S.E. 2nd Avenue and the Railroad
· North side of Atlantic between N.E. 4t~ Avenue and N.E. 5t~ Avenue
· South side of Atlantic between A-1-A and Bronson
Action Alternatives:
· Approve agreement as requested.
· Approve agreement but designate use of one of the existing queue locations.
· Deny request.
· The Board may also ask staff to prepare a recommendation to relocate existing
queues for general use in the area between the railroad and Swinton.
Fil¢:u:grahatn/mis¢
Doc.:PMAB Agenda It~'m r~ Martini's on Atlantic
'Ur01o~y, P.A. Victor J. Souaid, M.D.C.M., F.R.C.S.C.
Board Certified in Urology
September 21, 1999
Mr. Robert A. Barcinski
Assistant City Manager
City of Delray Beach
100 NW First Avenue
Delray Beach, FL 33444
Dear Mr. Barcinski,
Ir'Was a pleasure meeting with you on Monday, the 20th, and as per our conversation, I am
writing this note requesting six parking spots in front of our new venture "Martini's on Atlantic"
located at 110 East Atlantic Blvd., for valet parking lanes and use. In keeping with other
restaurants on the avenue (e.g. Thirty Two East), I would like to request use of these six parking
places from 5 p.m. to 2 a.m., seven days per week. I will be using Tropical Valet Inc. of Delray
Beach, a licensed and insured valet company with existing contracts on Atlantic Avenue, for the
valet service.
I will be making use of our landlord's parking lots, which I have exclusive fights to, after 5 p.m.
These lots comprise a total of 72 parking spaces; fifty-one spaces in a private lot behind the
building and twenty-one underground parking spaces under the building. 'I anticipate an opening
date for the restaurant in the second week of October, 1999.
IfI can be of any assistance, please do not hesitate to call me at the numbers below. I thank you
for your kind consideration of this request, and await you response eagerly. Until then, I remain,
Sincerely,
2100 E. Sample Road, Suite 203 ° Pompano Beach, Florida 33064
5800 Colonial Drive, Suite 303 · Margate, Florida 33063
954.786.8989 · Fax 954.786.0308
5612457166 CIT'r' OF DELRAT B~ACH 545 P02 SEP 23 '99 16:04
PARKING LICENSE AGI;~MENT ~
by a~ be~e~n ~ CI~ OF D~L~Y ~ACH, a Florida Mu~ip~ Co~ora~on
~~, LICENSEE ~s requested pem~oion to use a c=~ ~er of p~lic
pm'~g spaces ~o~ Atl~tic Avenue ~d ce~m side s~e~ts ~r v~et p~g queue;
~~AS, b order to use the p~g spaces, ~e C~Y requk~ ~t LICENSE
eater into ~s non-exclusive Liceme Agreemoat.
NOW T~FO~, m comi~rafion of ~e sm of Ten Do~=~ ($10.00), the mull
core,mrs ~d conditiom contained b ~a Agm~ent, and O~*r ~ ~ val~ble
comid,radon, ~e receipt and sufficie~y of w~ch =o hereby ac~ow~dg~.
hereby agree as follows:
l. ~corporaflon of Re~. The paffi~ h~,by mpr~ent
above r~imls ~e a~ra~ ~ co~ect md h~by tn~m~ ~ ~ ~s
2, ParMng Queue. ~e CI~ agees m ~Iow LICENS~ ~ non~xctusive
for valet p~ng queues. ~e p~g ~aces are m be used for v~et p~g ~m~ d~y
betwo,n ~e hours of ~ p.m. to ~ a.m. on ~ ~ ~[ /~ e. (days
per week), LIC~SEE ac~owl~dges ~at ~e v~et p=~g queues may M ~v~able for
use dur~g certain speci~ evenu ~om time to t~e (as d,~!~d ~ ~e Cl~b sole
disc~tion) ~ d~mg ~, sp~ial ev~ts, ~.e li~nse wilI ~t be v~ffi. It is ~ ~rsmod by
the tern of ~i, Agreement ~r ~e val0t queue l~arion may ~om ~ to
by ~ CITY in iu sole discretion after providi~ ~ (30) days' ~n nofl~ to
LICENSEE. The valet queues assi~ed ~y a~o be sha~ by o~er ~=~s who enmr
a "Valet Parki~ Llceme A~eemem" wi~ ~e ~Y. l~e Ci~ Police Dep~aat
e~orcemem responsibilities/hr ~ pro~stons of ~s ag~ reg=~
56i2437166 CITY OF DELRRY BERCH 545 P03 SEP 23 '99 L6:~5
days of t. he valet service, parking limitatio~ and requirement, attd compIia~e with all
applicable lawg aI~d ordinances.
3. Pa~',. ld~t/Locations/Agreements. LICENSEE agrem$ that it will not park any
care m CITY owned on-street or off-street parking spaces. LICENSEE fxtrther agrees that
LICENSEE will provide the CITY with written a~surances aud./or a lease agreement for uae
of a private parking lot(s). The private lot(s) must also comply with minimum City codes for
a parking lot(s). These assurances and agreements inust be provided upon execution of this
Licens, Agreement. Failure to comply with these conditions will be a basis for termination of
this License Agreement.
4. Pa}anent for Parking Queue Spaces. LICgN$~E agrees to pay the CITY
fifty dollars ($50.00) per month, per parking queue space utilized by the 10th of each mo~th.
A late fee of 5 % will be charged after ~ date. It' more than o~ License Agr~mnt is issued
for the queues, the fee will be shared proportionately.
5. Silomge. The CITY agrees to post the valet parking queu~ apace$ with valet
parking times and days authorized. Sar~wich board signs may not be used to advex-dse the
valet service. Advertising signs will be allowed as prescribed lay the City's Managex or his
designee.
Valet Eqll/pment. The LICENSEE'S operator may for the gtorage of keys
install a moveable, temporary, valet desk on the sidewalk, either public or private, cturing the
hours of val~ service so long as the de. ak d~es not impede the pedestrian flow.
7. Term and Renewal. The term of this Agreement ahall be for one year from
the date written above provided, however, the license for the parking queues for Saturday and
Sunday shall be for a p~riod of six (6) montl~ from tl~ date written above. The License may
be renewed after six (6) montl~ for the Saturday and Sunday parking qu~u~ and thereat~r
annually and annually for the remaining dates and times by the City Manager following receipt
of a written notice from LICENSEE that LICENSEE desire~ to continue ruing the parldng
spaces for valet parking queue, if the City Manager determines in his sole discretior~ that the
renewaI/s in the best interests of the CITY.
5fii2437i66 CITY OF DELRAY BEACH 545 P04 SEP 23 '99 16:~5
8. Revocable Licem. e. This Agreement i~ only a non-exclusive Licem~
Agreement and may be revoked by thc CITY at anytime without cause upon providing writ~n
notice via U.S. Mail to LICENSEE. The revocation shall be effective wtien mailed.
9. Compliance with Laws. LICENSEE agrees to comply and actlxere to all
laws and local ordirmn¢cs regarding parking that exist or as amende~ from time to time.
LICENSEE furrier acknowledges that due to the high IxafFm in this Mm, double parking
unartend~.t vehicles will not be permitted.
10. Notice. Notices requized to be provided pursuant to this Agreement shall be
sent to tl2e following adcIr~sa~s:
To CITY' David I-Iarclen, City Manager
100 N.W. 1st Avenue
Delray Beach, Florida 33~,4
t 1, Insurance. LICENSEIg agrees to provide the CITY in,stance for the valet
service in the amounts and und~ tl~ conditions prescribed irt Exhibit A and the City of D¢iray
Beach shall be named an additional insured.
12. Ind~mification. Lu consideration of tl~ payment of Ton Dollars ($10.00),
receipt of which is hereby acknowledged, LICEN$~ shall protect, defend, ir~mni/y and
hold harmless the CITY from and against ~ny and all claims, ntits, actiom, ctmamgea and/or
cause~ of action arising during the Term of this Lea:;e for any l:~r$oml injury, loss of life
and/or damage to property smtained in or about the l~trld~ spaces/qu~m$ by reason or as
result of the use and occupancy of the parlcing spaces/queues by LIC~SIgI~, its agars,
employees, lieens~,~, invitees, and members of thc public generally, and fi:om and against ~tty
orders, judgments, and/or decrees which may be ent~r~ tlmr~n, and from a~d against all
costs, attorney tees, expen~$ ~ liabilities hacurred in md about the def~n$~ of ~y such
claim. In the event th~ CITY shall be made a party to any litigation co.:,-.~ne~cI agmmt
LICENSI~E or by LICIgNSI~Ig ag~ti, nst any rhi,-d party, th~n the LICR2~ISEE shall protect,
3
CITY OF DELR~Y BERCH ~45 POD SEP ~] '99 26:85
defend, indemmfy and hold the CITY harmless and pay all coats ~ attorney's fees iacur~ad
by the CITY in confection with such litigation, and any appeals thereof.
13. Third Parties. Nothing in this Agrcement, whether expr~s or implied, is
intended to confer any rights or r~medies under or by reason of this Agreament upon axLV
person other than the parties hereto and their respective het~, successors, legal,"':'
representatives, and permitted assigt~, nor ia anytl~ng in this Agreement' intended to relieve or
discharge the obligation or liability of any third persot~ to any party to thi.~ Agreement, nor
shall a~y provision thereof give any third parson any right of subrogation or action over or
against any parry to rhi.~ Agreement.
14. Terrrd. n~on. LICENSEE acknowledges tha{ ~e CITY may tetmi.rate thi_~
non-erclusiv¢ License Agreement for cause for any violation of any termz and conditiom
contained herein without notice tmless otherwise speeifie~l, and tiffs agreement shall be
i_,~nediately deemed null and void and shall hay, no further force and effect. LICENSEE
will at all times comply with the City's policy/procedure for uae of public parlclng
spaces/queues which shall change from time to time subject to the sole discretion of the City.
15. Taxes. LICENSEE shall pay and comply with all laws regarding taxe~, levies,
assessments, fees and charges, including, but not ltrnited to gross receipts, taxes, use taxes, .'
property taxes, ar~ sales taxes that may be imposed.
16. Assiglament. Thi~ Agreement ~hall not be trar~f~rr~d or az$iglaed without the
express written consent of the CITY, which the CITY may withhold grant~ ia ttz sole
discretion. .
17. Further Assurances. The parties shall from time to time execute and deliver
such other and further instruments and documents and do all matters and things which may be
convenient or necessary to more effectively and completely carry out the intent of this
Ag~ment.
Il. Blndin~ E.ffect All of ~he terms ~nd provisions of rigs A~e~men! =h~ll be
bindin~ upon, inure w the benefi~ of, alxt be erfforceabl~ by. the pardes hereto and their
respective heh-s, successors, legal representatives, and permitted assigns,
19. Entire Agreemem. This Agreernen~ shall con~tim~e the emire a~eerr~nt of ~he
parties with respect io the subject matter of iL All prior uud~rsta~dtn? and a~reem~n~s
4
56i2457166 CITY OF DELRAY BEACH 545 P06 SEP 25 '99 i6:06
bctweeta tahe parties with respect to such matters are merged into this AgTeemeut, which alone
fully arid comply-rely expresses their understanding,
20. Amendments. This Agreement may not be amended, modified, altered, or
charged in any respect, except by a fuither agreement in writing duly execumd by each of the
parties hereto.
IN WITNESS WHEREOF, tl~ parties hm~to have caused ~ Agreement to
be duly executed ors their behalf this ~ day of , 199
TI~ CITY OF DF. LRAY BEACH,
ATTEST: a Florida Municipal Corporation
By:
City Clerk lay Alperia
Mayor
Approved as to form:
City Attorney c_~b~x ~-I
a Flolida Corporation
(CORPORATE SEAL)'
COUNTY OF
The foregota8 iltstnlmenl was acknowled~_xl before lng th~ ~.~7 day of
(name of officer or agent, title of officer or agent), of /'~/(n/'3 o,q /4-/-/o/'r~
(name of corporation a¢lcnowledging), a F/Or'/dl~..%_ .(state or place of
5612457166 CIT'~' OF DELRAY BEACH 545
incorpor~6on) coworation, on l~l~If of ~he corporation. She ~
h~ pr~uced (~e of ide~on) ~ ~~on. ~;~'~'~ ,:
S~~ of P~son T~ ~owlcd~eni
Name Ty~d, ~i~ted or S~d
v~l~ parkir~.a~t
6
09/27/199~ 16:2i 5G19667502 LT ASSOC MYERS INS PAGE 81
1~71 ~. ~. 3~ ~U~
~ ~TO 0~ ~ ~ ~Y;
~ ~ I n 300000
..~.. - ~, ...............
. s ,,
AC, OR_D. CERTIFICATE OF LIABILITY INSURANCE
PaD. CEa THIS ~FICA~ 1S ISSU ~ AS A MA~ER OF INFORMATION
' HOLDER. TH~ CER~A~'E ~ NOT AMEND, EXTENO OR
P.0. ~X 897 AL~R ~E COVERAGE A~ FORDED BY THE ~LICI~ BELOW.
~ELRAY ~EACH FL 33447-0~97
INSURe[
COV~RAG~
~CA RATON, FL ~3431 .
COVER&GES
ANY RETIREMENT. TERM ~R C~DITION OF ~Y C~NT~CT OR OT~ER ~UMENT WITH RE3PECT TO WHICH TH~ CERTIFICATE MAY
MAY PERTAIN~ THE ~N~FA~E AFFORD~ED B~ THE ~LIC~S DESCRIBED HEREIN J~ SU~ECT TO ~.L THE TERMS,
POLICIES. AGGREGATE UMITS 5dOwN NAY HAVE BE[ N RE.CED BY PAID CLAIMS
OE~'L aGQREOATE LIMIT A~LIE~ PEri
I [
~LL ~ED AUTOS I 6[OLY I~RY
SCheDULED ~UTo~ (q),
OCCO~ CLAIMS MAO~ ', ~R~OATE
.... I
~ T
~EM/SES /O~ATI,gN; 110 __~ AT/.~,~TE AUENUE, DELRAF BEACH FL 3548~
~' CANCELLATION
CEHTIFqCAT~ HOLDER ' , AOnrfIO~AL ,~Bo! IN!;I,,~ER LETTPlI: _
OAT[ ~(MBOP, TNE ~ IN~R;R ~ ~NDEA~ TO MAIL I 0 DAy8 WRI~[N
DELRAY BEACh, FL 33444 ae~T~T~/l . ] . / i I .....
£1TY OF DELAI:iY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 ° (561) 243-7000
· MEMORANDUM
Ci~ M~ag~
993
FROM: ~oben A. B~cinski
[ ~ Assimt Ci~ M~ager
DATE: J~u~ 7, 1999
SUB,CT: AGE~A ITEM CITY COMMISSION WO~HOP
JAZZY 12, 1999 VALET PAnG
S~ is seeking Ci~ Co~ission direction on how ~ey would like to proceed with v~et se~ices.
On J~u~ 4, 1999, at ~e P~king M~agement Adviso~ Bo~d meeting, ~e Bo~d un~imously agreed wi~ st~ffs
reco~endation to ab~don efforts to ~ to secure a cent, single valet se~ice in ~e downtown ~ea ~d to proceed
wi~ individual agreemen~ with ch~ges ~d conditions.
These ch~ges ~d conditions ~e ~ follows:
· Queues will be established by the CiW at ~e following locations:
· 1 st block sou~ side of Atl~tic Avenue emt of Swinton Avenue
· 3rd block sou~ side of Atl~tic Avenue e~ of Swinton Avenue
· 5~ block no~ side of Atl~tic Avenue emt of Swinton Avenue
· 1 st block sou~ side of Atl~tic Avenue west of A-1-A
· Queues will be exp~ded to approximmely six (6) spaces ~d ~e to be sh~ed by more ~ one business.
· ~e Ci~ will ch~ge a queue fee of $50.00 per space per mon~.
· Queue locmions c~ be ch~ged by the Ci~ breed on ~c conditions.
· ~e comply, ~at the agreement is wi~, will be required to leme private p~king spaces or use ~eir own lots for
valet p~king, not Ci~ Io~ or on s~eet p~king.
· LoB used for valet se~ice must meet Ci~ Code requiremenm, at lemt tempor~ lot requiremenm.
· Compmy must show proof of liabiliW insur~ce for v~et comply ~ey hire.
· Ci~ signage is to be provided to m~k off~e v~et queues.
S~ md ~e P~king M~agement Adviso~ Bo~d ~e m~ing ~e recommendation m ~is time because:
we have not been able to secure a lot for use emt of ~e in~com~ ~d feel it will t~e addition~ monks to come
to ~ agreement wi~ ~e church, if then.
· private lot lemes would cost ~e ci~ approximately $30,0~ per ye~. The vendor of choice, Omni P~king, wm
only willing to pay 50% of ~ese costa ~d w~ted authod~ to ch~ge for p~king in domtown lots for speci~
evenm. The Bo~d ~d st~f feel private 1o~ should continue to be used for v~et p~king, so ~ not to negatively
impact public p~king.
all existing v~et p~king agreements have expired, ~d it w~ felt ~ere w~ a need to renew ~ese le~es to
continue ~e se~ice, but wi~ conditions.
ARached is a st~memo sent to ~e Bo~d wi~ additional infomation.
~/~
A~c~ents
F i le : u : swee ne y/agenda
Doc:OlO799b. dac
THE EFFORT ALWAYS MATTERS
Prfrt~ on R~cycled P~oer
[ITY OF DELAAY BEA[H
DELRAY BEACH
o . ~ D ^ 100N.W. IstAVENUE · DELRAYBEACH, FLORIDA 33444 · 407/243-7000
1993
December 8, 1.999
Senator Ron Klein
3333 South Congress Avenue
Dekay Beach, FL 33445
Re: Pineapple Grove Artwalk Project
Dear Senator Klein:
Pineapple Grove Main Street, Inc. in the City of Delray Beach is about to embark on a substantial
fund raising drive in support of the Pineapple Grove Artwalk program. The City Commission
initially expressed support for this project through the adoption of Resolution No. 8-99 on February
2, 1999 (copy attached).
It is my understanding from Lou Waldmann, Program Manager for Pineapple Grove Main Street,
that you intend to seek funding in the amount of $150,000.00 on behalf of the Artwalk program and
that the approach will be as a Member Project or through an agency budget. Such a grant would be
of great importance to this project and the City Commission wholeheartedly supports such an
initiative on behalf of the citizens of Delray Beach. Your efforts in this regard are greatly
appreciated.
If I may be of any assistance, please do not hesitate to contact me. Again, on behalf of Pineapple
Grove Main Street, Inc., thank you for youx interest and support.
Sincerely, ,,,-"
Mayor
JA/AMH/m
Attachment
Cc: Lou Waldmann, Program Manager
THE EFFORT ALWAYS MATTERS
Pnn:ed on Recycled Paper
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER Wt
SUBJECT: AGENDA ITEM q~"- REGULAR MEETING OF DECEMBER 7, 1999
LETTER OF SUPPORT FOR PINEAPPLE GROVE ARTWALK PROJECT
DATE: DECEMBER 3, 1999
Pineapple Grove Main Street will be making an appeal to the Palm Beach County Legislative
Delegation for a $150,000 grant to help finance the Pineapple Grove Artwalk Project. Mr. Lou
Waldmann, Program Manager for Pineapple Grove Main Street, has requested that the City
Commission support this endeavor by authorizing a letter of support signed by the Mayor. The letter
will be sent to Senator Ron ICdein and will be included as part of Mr. Waldmann's presentation to the
Legislative Delegation on December 14th.
A draft letter is attached for your review. If approved, we will have it signed by Mayor Alperin and
forward it accordingly.
Recommend approval of the letter of support for the Pineapple Grove Artwalk Project.
RefiAgrnemol 0.Letter of Support. Pineapple Grove Artwalk Project
Pineapple Grove Main Street, Inc.
A Florida Main Street Program for Delray Beach
298 Nomheast Pineapple Grove Way · Delray Beach · Florida 33~4a.
phone (561) 279-9952 · fax (561) 279-0108
November 22, 1999
The Honorable Jay Alperin, Mayor
City of Delray Beach
100 Northwest 1st Avenue
Delray Beach, Florida 33a. a.a.
Dear Mayor Alperin:
I am writing you to ask that you and the City Commission support
Pineapple Grove Main Street, Inc. in our appeal to the Palm Beach
Legislative Delegation for a $150,000. grant to help f'mance the
Pineapple Grove Artwalk Project.
I will appear before the Legislative Delegation, on December 14~ to
make our direct appeal.
Your help and the support of the City Comm[qsion will be greatly
appreciated. Thank you.
/~,~L?uBeSt regards,
Pineapple Grove ~ain Street, Inc.
Enclosures
£1T¥ UF EL#I:I¥ BEI:I£H
D£LRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
~J~eica City
1993
December 8, 1999
Senator Ron Klein
3333 South Congress Avenue
Delray Beach, FL 33445
Re: Pineapple Grove Artwalk Project
Dear Senator Klein:
Pineapple Grove Main Street, Inc. in the City of Delray Beach is about to embark on a substantial
fund raising drive in support of the Pineapple Grove Artwalk program. The City Commission
initially expressed support for this project through the adoption of Resolution No. 8-99 on February
2, 1999 (copy attached).
It is my understanding from Lou Waldrnann, Program Manager for Pineapple Grove Main Street,
that you intend to seek funding in the amount of $150,000.00 on behalf of the Artwalk program and
that the approach will be as a Member Project or through an agency budget. Such a grant would be
of great importance to this project and the City Commission wholeheartedly supports such an
imtiative on behalf of the citizens of Deiray Beach. Your efforts in this regard are greatly
appreciated.
If I may be of any assistance, please do not hesitate to contact me. Again, on behalf of Pineapple
Grove Main Street, Inc,, thank you for your interest and support.
Sincerely,
Jay Alperin
Mayor
JA/AMH/m
Attachment
Cc: Lou Waldmann, Program Manager
THE EFFORT ALWAYS MATTERS
Pr/r~ted on Recycled Paper
RESOLUTION NO. 8-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, IN FURTHER SUPPORT OF THE
PINEAPPLE GROVE MAIN STREET NEIGHBORHOOD PLAN BY
ENDORSING THE PINEAPPLE GROVE ARTWALK PROJECT.
WHEREAS, the City Commission is well versed with the
Pineapple Grove Neighborhood Plan and supports the further
development of the Pineapple Grove District; and
WHEREAS, within the Neighborhood Plan is described the
particulars of the Pineapple Grove ARTWALK project; and
WHEREAS, the ARTWALK will be an outdoor gallery of the
visual arts, including sculptures, murals, obelisks and informational
kiosks, scattered throughout the sixty-five plus acres comprising the
Pineapple Grove District; and
WHEREAS, the ARTWALK outdoor gallery will attract tourists
and provide pleasure for both tourists and our citizens; and
WHEREAS, the ARTWALK will provide educational opportunities
for all, particularly senior citizens and school age children; and
WHEREAS, the ARTWALK will provide job opportunities in the
areas of, but not limited to, maintenance, clerical, administrative,
teaching and security, as well as additional opportunities in
retailing, restaurants and entertainment; and
WHEREAS, ARTWALK's primary purpose is to entertain,
stimulate, educate and provide a means for all to relax and have fun
and enjoyment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach wholeheartedly endorses the Pineapple Grove ARTWALK project and
encourages all to support this fine endeavor.
PASSED AND ADOPTED in regular session on this the 2nd day
of February, 1999.
ATTEST: ~~M~
-- - / City ~erk -- /
Pineapple Grove Main Street, Inc.
A Florida Main Street Program for Delray Beach
298 Northeast Pineapple Grove Way · Delray Beach · Florida 3
phone (561) 279-9952 · fax (561) 279-0108
August 23, 1999
Senator R on Klein
3333 South Congress Avenue
Delray Beach, Florida 33445
Dear Senator Klein:
I am writing regarding a conversation you had with Anne Gannon
relative to Pineapple Grove Main Street, Inc. in Delray Beach,
Florida.
Enclosed is descriptive material on Pineapple Grove Main Street, our
Neighborhood Plan, The Artwaik Program and our Capitol
Campaign.
Our present funding sources are the City of Deiray Beach ( $30,000. ),
Delray Beach Downtown Development Association ( $5,000. ), Delray
Beach Community Redevelopment Agency ( $15,000. ), membership
dues and contributions ( $13,000. )and this year a possible $35,000.
grant from Palm Beach County.
We are about to embark on a substantial fund raising drive for our
Artwalk Program. Our goal is $500,000. We will soon receive a gift of
$50,000. for our Artwalk Program, from Mr. Anthony Pugiiese of the
Pugliese Company. As you know, there are many levels of giving and
sponsorship and we are delighted with the prospect of such a gift from
Mr. Pugliese.
Page 2
My understanding is that you will seek $150,000. on behalf of
Pineapple Grove Main Street, Inc. and the approach will be as a
Member Project or through an Agency Budget. If you choose the
Member Project avenue please let me know so we can get the
cooperation from a House member.
Such a grant is of great importance to our Artwalk Program and I
assure you of the appreciation of the citizens of Deiray Beach for your
f'me efforts on behalf of Pineapple Grove. Please let me know if you
need additional information or if I can be of help regarding any
questions. I think it would be of interest to you if you could spend an
hour or so with me on the site. Please phone me when such a visit
would fit your plans. Thank you for your interest and support.
Regards,
Lou Waldmann, Project Manager
Enclosures
CiTY OF I)ELARY BEACH
DELRAY BEACH
AII-AIIl~JcBCiEy 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 ~ 561/243-7000
®TO' David T. Harden
1993 City Manager
FROM: tl~ Robert A. Barcinski
Assistant City Manager
DATE: December 1, 1999
SUBJECT: Agenda Item~P'~. City Commission Meeting December 7, 1999
Consulting Agreement - JCD Sports Gronp, Inc.
ACTION
City Commission is requested to approve a Consulting Agreement with JCD Sports
Group, Inc. from December 1, 1999 through November 30, 2000 with two (2) annual
renewal options in the amount of $18,000 per year. Funding is available in account
number 113-4210-575-34.90.
BA CKGR 0 UND
The existing agreement with JCD Sports Group, Inc. expired November 30t~. The
services provided by this agreement include attracting special events to the tennis
stadium, management of the events, and identifying and assisting in obtaining additional
revenue sources.
Two changes are proposed from last years' agreement. These are 1) an annual
renewal clause for two (2) additional years subject to the City Manager's approval
and 2) fee increase from $12,000 to $18,000. I have reviewed the fee increase
requested by Mr. Dubin and concur based on the number of additional events that
will be held this year at the stadium.
RECOMMENDATION
Staff recommends approval of the proposed consulting agreement with JCD Sports
Group, Inc. in the amount of $18,000 per year. Funding is available in account number
113-4210-575-34.90.
RAB/tas
File:u:sweeney/agenda
Doc:jd sports group
THE EFFORT ALWAYS MATTERS 4:~./~"
Prh~te~J o~'~ Recycte~:! Pallor
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on: Date: December t, 1999
X Regular Agenda ~ Special Agenda ~ Workshop Agenda
When: December 7, 1999
Description of agenda item:
City Commission is requested to approve a Consulting Agreement with JCD Sports Group, Inc.
from December 1, 1999 through November 30, 2000 with two (2) annual renewal options in the
amount of $18,000 per year. Funding is available in account number 113-4210-575-34.90.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation: Approval
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 Number: II
Account Description: ~
Account Balance:
City Manager Review:
Approved for agenda: ~ ~//~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
P.O.#
AGREEMENT
THIS AGREEMENT is made this ~ day of , between the
City of Delray Beach, a Florida municipal corporation ("the City") and JCD Sports Group,
Inc., a Florida corporation ("Consultant").
WITNESSETH:
WHEREAS, the City and Consultant entered into an agreement dated December 1,
1998 for consulting services for the purpose of attracting special events to the Tennis Center,
event management, and for the purpose of identifying and assisting in the development of
additional revenue sources for the City of Delray Beach Tennis Center; and
WHEREAS, the City and Consultant are interested in entering into this Agreement
under the terms set forth herein.
NOW, THEREFORE, for the mutual covenants and consideration set forth in this
Agreement, the parties agree as follows:
1. Recitals. The recitations set forth above are incorporated as if fully set forth
herein.
2. Duties of Consultant. The Consultant shall pursue special events to be held at
the City of Delray Beach Tennis Center, provide event management, and identify and assist in
the development of additional revenue sources for the City of Delray Beach Tennis Center.
3. Term of Agreement. This Agreement shall commence December 1, 1999 and
expire November 30, 2000. The Agreement may be renewed by the City Manager for two
additional one-year periods.
4. Termination. Either party may, with or without cause, terminate this agreement
with 30 days prior written notice. The termination will be effective thirty days from the date of
deposit in the U.S. Mail or date of hand delivery upon termination. Upon the effective date of
termination, no further monthly payments shall be due Consultant. The City shall reimburse
only those expenses that were approved prior to termination.
4. Compensation. The City shall pay Consultant Eighteen Thousand Dollars and
00/100 cents ($18,000.00) each year for the duration of this Agreement, payable in equal
installments of One Thousand Five Hundred and 00/100 cents ($1,500.00) per month on the first
of each month beginning December 1, 1999, and during each renewal period, if any. In addition,
the City shall pay the actual costs for reimbursable expenses provided that the reimbursable
expenses are agreed to in advance by the City or its designee.
5. Independent Contract. Consultant shall be and remain an independent
contractor and not an agent or employee of the City.
6. Governing Law and Venue. Any dispute under this Agreement shall be
determined under the laws of the State of Florida with venue in Palm Beach County, Florida.
7. Entire Agreement. This Agreement constitutes the entire agreement between the
parties as it pertains to the duties outlined herein. Any modifications to this Agreement to be
effective must be in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have entered into 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:
r~,,~.City Attorney
ATTEST: JCD Sports Group, Inc.
By:
Print Name: Brahm Dubin, President
£1T¥ DF DELRI ¥ BERgH
~JI-J~caC~ 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 561/243-7000
TO: David T. Harden
City Manager
993 ~ra~'~bert
FROM: A. Barcinski
Assistant City Manager
DATE: December 3, 1999
SUBJECT: Agenda ItemC~ City Commission Meeting December 7, 1999 Bonus
PaymentfBJCE, Inc.
ACTION
City Commission is requested to consider approval of a bonus payment as requested by BJCE,
Inc. of 15% of the base fee or $22,$35 for FY 1999. Funding is available in account umber 445-
4711-572-34.90 ($13,850), 446-4711-572-34.90 ($5,365) and 001-4124-572-34.90 ($3,120).
BA CKGR 0 UND
Attached is a memo from Mr. Dubin requesting a bonus payment for FY 1999, outlining his
reasons for the payment. Per the terms of our agreement, Mr. Dubin is eligible to receive up to
1 $% of the base fee for the golf and tennis operations for accomplishing agreed upon goals and
objectives. I have attached the budget program sheets for FY 99, as well as the end of the year
un-audited income statements for the golf courses.
An analysis of actual accomplishments versus projected is as follows:
Municipal Golf Course
Item 1999 Projected 1999 Actual
Aerate greens and tees 2 per year 4 times
Remove mclalcuca trees 20 20
Remodel cart barn --- Done
Increase youth participation 6% O) -52%
Golf rounds 92,000 88,037
Restaurant operating profit 6% 9%
Banquet business $525,000 $531,000
Operating supplies $137,755 ~ $52,069 (2)
(1) Transportation for after-school program was not available. Total participants dropped from
1,120 to 530
(2) Unanticipated capital expenses were incurred for design services for bridge repair, revenues
for prior year encumbrances had not yet been allocated, and fewer rounds were played due to
additional rain days.
THE EFFORT ALWAYS MATTERS
Pn~ted on Recycled P~r
Agenda Item City Commission Meeting December 7, 1999 Bonus Payment/BJCE, Inc.
Page #2
Lalteview Golf Course
Item 1999 Projected 1999 Actual
Operating supplies $20,000 $96,813
Number of rounds 60,000 54,976
Increase daily green fee 10% 36%
income
Complete golfer survey --- Done
Complete clubhouse --- Done
improvements
Aerate greens 2 per year 3 per year
Remove melaleuca trees 5 5
Tennis Center
Item 1999 Projected 1999 Actual
Summer memberships 55 63
Annual memberships 430 399
Junior camp participants 75 72
Christmas camp participants 50 56
Tennis patrons 160 121
Income producing events 7 4
USTA Tournament 10 12
Everet Tournament 1 1
Citrix Tournament 0 1
Zonal Tournament 1 1
RECOMMENDATION
Based on the actual accomplishments versus projected, as well as additional projects, Mr. Dubin
has undertaken at the Tennis Center I recommend a bonus payment of $21,000 with funding as
follows: Municipal Golf Course 445-4711-572-34.90 ($13,000), Lakeview Golf Course 446-
4711-572-34.90 ($5,000) and Tennis Center 001-4124-572-34.90 ($3,000).
RAB/tas
File: u: sweeney/agenda
Doc:bonus bjce 98-99
AGENDA ITEM NUMBER: ?.~.
AGENDA REQUEST
Request to be placed on: Date: December 3, 1999
× Regular Agenda ~ Special Agenda ~ Workshop Agenda
When: December 7, 1999
Description of agenda item:
City Commission is requested to consider approval of a bonus payment in the amount of $22,335
to BJr,.;E, Inc. tor PY 1999. Punding ~s available ~n account umber 445.4/11-572-34.90 ($13,850),
446-4711-572-34.90 ($5,365) and 001-4124-572-34.90 ($3,120).
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation: Approval ,~,~~
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 Number: ~,t~r-)ll~r)~'~L~,~
Account Description: ~ ~~ ~')~ ~ ~ ~~~~,
Account Balance: ~ ~Q~ Q0 ' ~ ~ ~ ~0~
Ci~ Manager Review:
Approved for agenda: ~ ~'~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
P.O.~
Golf & Tennis Management, Development & Consultation
M E M 0 R AN D U M ~ ~ ~ '~ t?~i?
D~E: December 2, 1999
TO: Bob Barcinski
FROM: Brahm Dubin ~
RE: Year End Bonus
CC:
As per contract, BJCE, Inc. and Dubin & Associates,
Inc. are entitled to an annual bonus up to 15% of our annual
management fees.
We are hereby req,]esting that we receive a bonus of
15%.
1999 was another very productive and exciting year for
US.
At Lakeview Golf Club, we did approximately 55000
rounds of golf, completed a clubhouse renovating and greens
renovations.
Without a doubt, we achieved our goal of operating a
quality, profitable facility with an extremely high level of
customer satisfaction.
In 1999, we celebrated ouu !.0~n year at Delray Beach
Golf Club. We continually meet the needs of the community
including Rotary, Kiwanis, Chamber of Commerce and many
other local civil and non profit organizations who utilize
our facility throughout Ehe year.
Again we operated the club, balancing the needs of our
golfers and restaurant patrons, wh~]e adding to our cash
reserves.
In 1996, Dubin & Associates was hired to promote the
tennis stadium, and to manage the day to day operation of
Delray Beach Tennis Center.
In 3 short years we have brought National and
International recognition to the City of Delray Beach
through the Tennis Center.
u:\bd\memos\bbpfmstc.doc
2200 Highland Avenue · Delray Beach, FL 33445 · (561) 243-7064 · Fax (561) 243-7386
The following events were held in the past 12 months:
December 1998 Chris Evert Pro Celebrity
Nationally Televised
April 1999 Joan Sebastian Concert
May 1999 Citrix Tennis Championship
Nationally Televised
November 1999 Father Martin & Friends
December 1999 An Evening of Unity with
Archbishop Desmond Tutu and
Betty Williams
December 1999 Chris Evert Pro Celebrity
Nationally Televised
December 1999 First Night Ice Skating Show
Without a doubt, we have brought a variety of sporting
and non sporting events to the tennis center which
appeal to a wide cross section of the community.
In 1999, we reduced the deficit of the daily operation
in half with a membership base of approximately 600
members.
Based on a comparison of the local municipal tennis
centers, we are the most efficiently run tennis center
in the area.
2
City of Delray Beach, Florida
1998-99 Annual Budget
Program: Municipal Golf Course
The City owns, operates, and maintains through the services of a golf course management firm, an 18-hole public golf
course, a full service restaurant and a pro shop on 150 acres. The golf course is supported by user fee charges and the
sale of merchandise and food. The course also provides instruction to youths through the City's after school program,
Biz Kids and Golf Gang programs, junior golf camps and leagues. The restaurant is open for lunch 365 days a year,
and for brunch on Sundays during season. The restaurant area is available for rental for weddings, bar mitzvahs,
parties, card luncheons, and civic meetings.
" 1997 1998 1999
Performanee Measures ACtual Actual Projected
Goal: To maintain the course at optimum levels and regrass all greens within the next 8 years in order to provide an
enjoyable and quality golf experience for all golfers.
lObjective: Aerate greens, tees and fairways at least 2 times during the year, remove and replace 20 Melaleuca [
trees with a different species and complete rain shelter renovations on holes # 13 and # 15 by Sepetmber 1999.
Aerate greens, tees, fairways twice per year 2 2 2
Remove Melaleuca trees 20 20 20
Remodel rain shelters and fix cart barn -- Rain shelter Cart barn
Objective: Increase participation in youth related by at least 5%.
programs
Youth program participants 1,000 1,720 1,810
% change 25% 72% 6%
Goal: To maintain golf course and restaurant operating expenses within operating revenues and to increase the gross
revenue of the clubhouse dining facility to at least $1.2 million by the year 2004.
IObjective: Increase revenue from cart fees, range income, merchandise sales and restaurant income, including at
least a 10% increase in banquet business by September 1999.
Golf Rounds 91,346 91,141 92,000
Restaurant operation net profit 4.8% 7.7% 6%
Banquet business $426,752 $472,457 $525,000
% change 47% 11% 12%
Operating surplus $317,771 $289,210 $137,755
staff'mg Levels 96-97 97,98 98.99
N/A 0 0 0
City of Delray Beach, Florida
1998-99 Annual Budget
Program: Lakeview Golf Course
The City owns and operates, through the services of a golf course management firm, an 18-hole, par 60, executive golf
course, snack bar, and pro shop on approximately 45 acres. The course is supported by user fee charges and the sale of
merchandise and food. The course also provides a youth program as well as adult instruction. Lakeview allows golfers
to walk 365 days a year which provides City residents with a way to enjoy recreation at a city owned facility. This
course offers golf at very affordable rates encouraging families to play golf with their children and grandchildren.
1997 1998 1999
Performance Measures Actual Projected Projected
Goal: To maintain a net operating surplus through an increase in the number of rounds played and increased income
from daily golf fees.
Objective: To increase the number of rounds played by 3% and to increase income on daily green fees by at leastl
10% by September 1999.
Operating surplus $144,016 $0 $20,000
Number of rounds played 57,090 43,262 60,000
% Change 1.7% <25%> 39%
Increase income on daily green fees by at least 10% n/a n/a 10%
Goal: To continue improvements to the golf course in order to gain recognition as the best executive golf course in
Palm Beach County.
Objective: Continue improvements to golf course, including aeration of greens, tees and fairways at least 2 timesI
during lhe year.
Aerate greens, tees, fairways two times per year 2 I 2
Overseed greens Nov '96 Nov '97 n/a
Remove Malaleuca Trees 5 5 5
Objective: Complete Clubhouse facility improvements to meet ADA and code requirements by November 1998.
Also, continue tournament participation and conduct a survey to chart golfer's comments about Lakeview.
Complete Clubhose Improvements n/a n/a Nov '98
Conduct New Clubhouse Grand Opening n/a n/a Dec '98
Conduct Golfer Participation Survey n/a n/a Feb '99
Host Jingle Bell Tourney Dec '96 Dec '97 Dec '98
Staffing Levels 96-97 97-98 98-99
N/A 0 0 0
202
~ City of Delray Beach, Florida
1998-99 Annual Budget
Program: Tennis Center
The Tennis Center is open ~om 8:00am to 9:00pm Monday through Friday and 8:00am to 6:00pm Saturday and Sunday
year round. The facility consists of 15 clay and 4 hard courts, a pro shop, lounge area and an 8,200 seat stadium.
Private and group lessons are available from four tennis professionals. Tennis programs include beginner to advanced
classes, Tennis USA, leagues for men and women, junior clinics, and junior summer camp from the age of 3 years old to
18 years old.
eCted
Goal: To promote the Tennis Center through increased marketing efforts in order to increase the number of special
events and tournaments held at the Tennis Center with plans to secure more corporate sponsorships and community
participation.
I Objective: To maintain annual memberships and increase utilization of the tennis stadium for non tennis events.
Summer 0 50 55
Memberships
Annual memberships 430 393 430
Host Delray Beach Tennis Patrons Program 160 160 160
Host Easter Junior Camp 97 75 75
Host Christmas Junior Camp 47 47 50
Income producing special events 4 ? 7
I
[Objective: To pursue women's and men's professional tennis events on all levels of play.
Nuveen Tour Event 0 1 1
City Championship Tournament 1 0 1
USTA amateur tournaments 10 10 10
Women's Satellite Tournaments 2 1 0
Men's Satellite Tournaments 0 1 0
Chris Evert Charity Event 0 0 1
Zonals 0 1 I
Staffing Levels : 96,97 97~98 98.99
N/A 0 0 0
__ 57
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/6~
SUBJECT: AGENDA ITEM ~/ - REGULAR MEETING OF DECEMBER 7, 1999
PROPOSED POLICY CHANGES/TENNIS STADIUM USAGE FEES
DATE: DECEMBER 3, 1999
Attached is a proposal from Brahm Dubin relative to changing our pohcies with regard to usage fees
for non-profit civic groups to use our tennis stadium.
Mr. Dubm will be present at the meeting to discuss the changes. He is also requesting that Dubin &
Associates be given the latitude to negotiate arrangements with such groups on a case by case basis
should the pohcy changes be approved.
Ref:Agrnemol .Policy Changes.Tennis Stadium Usage Fees
Golf & Tennis Management, Development & Consultation
MEMORANDUM
DATE: November 22, 1999
TO: Dave Harden
F~,O~: Brahm Dubin
RE: Delray Beach Te~is Center CITY MANAGER
Stadim Remal
cc: Sharon Painter
I m reco~ending that we ch~ge our policies with reg~d to stadium usage fees as
follows:
I. P~SENT POLICY
A. Usage Fees: We discount our stadium rent~ fee from $3000 by 30%
to $2100. We ch~ge all other fees as per a~ached schedule.
B. Facili~ Fee (Ticketmaster) We ch~ge a Facility fee as follows:
Ticket Price Civic~on Profit Retail
$1 - $15 $. 50 $. 75
$16- $20 $. 75 $1.00
$21 & over $1.00 $1.25
II. AMENDED POLICY
A. Usage Fees: We consider waiving rental fees of $3000 only under the
following circumst~ces:
1. Non Profit Civic Group that is locmed within the city Limits.
2. Multi Ye~ Commitment.
3. We increase facility fees by $.75 per ticket in the attempt to
recoup rental fee.
Dubin & Associates would be given the latitude to negotiate ~gemems on a case
by case b~is.
U:\p\bd\tennis\memos\dh stadium rental.doc
2200 Highland Avenue · Delray Beach, FL 33445 · (561) 243-7064 · Fax (561) 243-7386
DELRAY BEACH TENNIS CENTER
SPECIAL EVENT
ESTIMATED COSTS
(3 HOUR SHOVV)
TENNIS CENTER
RENT $ 3,000.00
UTILITIES $ 500.00
TRASH REMOVAL- $ 250.00
CLEAN-UP (During) includes restrooms $ 300.00
CLEAN-UP (Post) $ 500.00
20 x20 STAGE AND FLOOR
INSTALLATION AND REMOVAL $ 2,500.00
CITY ELECTRICIAN : $ 250.00
$ 7,300.00
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ff~6/(
SUBJECT: AGENDA ITEM q-~ - REGULAR MEETING OF DECEMBER 7, 1999
SUMMARY OF PROPOSED ROADWAY IMPROVEMENT BOND
PROGRAM
DATE: DECEMBER 3, 1999
Attached is a memorandum from the Director of Environmental Services along with a package of
exhibits which summarize the proposed roadway improvement bond program, including the projects,
scheduling and financing considerations.
If the proposal is acceptable to the City Commission, the action requested at this time is approval of
the revised Stormwater Capital Program (Exhibit V) and the revised Water and Sewer Capital
Program (Exhibit VII).
The enabling resolutions for the bond issue will be scheduled for the December 14~ regular meeting.
RefiAgmemo12.Roadway Bond Program Summary
Agenda Item No. ~'. ~.
AGENDA REQUEST
Date: November 30, 1999
Request to be placed on:
X Regular Agenda
~ Special Agenda
~ Workshop Agenda When: December 7, 1999
Description of item (who, what, where, how much):
Roadway Bond program status update for Commission
ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT A'I-I'ACHED YES/NO
Recommendation: _ N/A
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 altematives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: /~~Hold Until: ~-~c~~ ~ /~ /Z-/~//~/~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
MEMORANDUM
To: David T. Harden, City Manager
From: Richard C. Hasko, P.E., Director of ESD [k,,~~
Subject: Roadway Bond Program Summary
Date: December 2, 1999
Attached is an agenda request and package of exhibits summarizing the projects, scheduling and
enterprise fund impacts of the proposed Roadway Bond Program. In brief, the program costs are
projected to total $12,273,738, categorized as follows:
· Roadway $ 7,269,020
· Potable Water $1,536,833
· Wastewater $ 749,984
· Drainage $ 2,717,901
The program will be implemented in eight projects defined and assigned as follows:
· Resurfacing/Swale Reconstruction In-House $ 845,040
· Barrier Island (excl. Island Dr.) Mathews Consulting $1,742,231
1-95 to ICWW:
· Lake Ida Rd. North In-House $1,208,201
· Lake Ida Rd. to Atlantic Ave Schorah & Assoc. $ 2,404,093
· Atlantic Ave. to S. l0th St. Kimley-Hom $1,692,251
· S. l0th St. South Lawson, Noble & Webb $ 2,110,329
· Congress Ave. to 1-95 PEC $1,159,000
· Congress Ave. West Eckler Engineering $ 792,920
Upon availability of funding, on or about February 1, 2000, an initial funding amount of
$ 2,338,340 will be required for the resurfacing/swale reconstruction project and engineering for
the balance of the projects. On or about June 1, 2000, funding in the amount orS 6,453,454 will
be required for construction contracts for all projects except those bounded by 1-95, the
Intracoastal Waterway, Lake Ida Rd. and South 10th St. This area is anticipated to be influenced
most significantly by design parameters and requirements to be presented in the Master Drainage
Plan Update currently under preparation by Kimley-Horn. The design and construction will be
delayed to allow for completion of the Drainage Report Update and incorporation of its
recommendations into project engineering designs. Funding in the amount of $ 3,481,944 will
be required on or about October 1, 2000, for construction contracts for these projects.
David T. Harden, City Manager
December 2, 1999
Page 2
Bonding in the amount of $ 7,269,020 will be proposed to provide funding for roadway elements
of the program. Approximately $1,770,000 will be borrowed to meet current fiscal year funding
requirements for storm water related improvements with debt service funding available in
subsequent years as shown on Exhibit V attached. Projects currently programmed in the Water
& Sewer fund will be accelerated as shown on Exhibit VII attached, thus providing funding for
utility related costs of the program from current revenues.
A resolution authorizing the proposed bond will be placed on the December 14th agenda for
consideration by City Commission.
cc: Joseph Safford, Director of Finance (with attachment)
Randal Krejcarek, City Engineer (with attachment)
Becky O'Connor, Treasurer (with attachment)
Road Resurfacing $ 12/lf Stormwater Lines: <30": $ 50/lf
Road R¢consa'uction $ 250/lf 30"-42": $ 85/1f 48"-66": $150/If
Drainage Swales: $ 6/lf >66": $180/If
Estimated Project Costs - Quadrant I
Roadway and Utility Projects
Roadway Water Main Wastewater Stormwater Main
Project Length Length Length Length Total
No. Project Description (LF) Cost ($) (LF) Cost ($) (LF) Cost ($) (LF) Cost ($) Project Cost
100lC NE2ndAve. et. A1. 8,960 $ 107,520 1,570 $ 126,870 0 $ 17,600 $ 151,680 $ 386,070
1002C NorthridgeRd./NE21st St. 1,350 $ 16,200 0 $ 0 $ 2,700 $ 16,200 $ 32,400
1003E NE 3rdAve. 1,260 $ 315,000 0 $ 0 $ 1,260 $ 189,000 $ 504,000
1004C LakeDrive 630 $ 7,560 0 $ 0 $ 1,260 $ 7,560 $ 15,120
1005E NE 12th Street 950 $ 11,400 0 $ 0 $ 1,900 $ 11,400 $ 22,800
1006D 9th Street 810 $ 9,720 0 $ 0 $ 1,620 $ 9,720 $ 19,440
1007C NW 2ndAve. 270 $ 67,500 0 $ 0 $ 270 $ 22,950 $ 90,450
1008C NW 1st Ave. 500 $ 125,000 0 $ 0 $ 600 $ 35,200 $ 160,200
1009C Dixie Blvd. 1,640 $ 19,680 0 $ 0 $ 3,170 $ 27,710 $ 47,390
1010C EnfieldTerrace 180 $ 2,160 0 $ 0 $ 360 $ 2,160 $ 4,320
101lC NE4th Street 270 $ 3,240 0 $ 0 $ 540 $ 3,240 $ 6,480
1012C NE 4th Street 360 $ 4,320 0 $ 0 $ 0 $ - $ 4,320
1013C Harbor Drive 920 $ 230,000 360 $ 30,407 0 $ 1,020 $ 86,700 $ 347,107
1014E Island Drive 970 $ 242,500 440 $ 36,673 0 $ 810 $ 40,500 $ 319,673
1015C DepotAve. 2,070 $ 24,840 0 $ 0 $ 4,140 $ 24,840 $ 49,680
1016D NE 3rd St. 680 $ 8,160 650 $ 56,111 0 $ 1,360 $ 8,160 $ 72,431
1017C Sea Spray Ave. 790 $ 9,480 0 $ 0 $ 1,580 $ 9,480 $ 18,960
1018C Vista Del Mar Drive 860 $ 43,640 140 $ 12,054 0 $ 1,720 $ 10,320 $ 66,014
1019C NW2ndStreet 270 $ 67,500 0 $ 0 $ 270 $ 40,500 $ 108,000
1020E NW 18th Ave. 500 $ 125,000 0 $ 0 $ 500 $ 25,000 $ 150,000
1021C Don Francisco's Way 460 $ 115,000 0 $ 0 $ 460 $ 23,000 $ 138,000
1022C 18th Ave. 1,040 $ 12,480 0 $ 0 $ 2,080 $ 12,480 $ 24,960
1023D NWlstStreet 1,020 $ 255,000 1,360 $ 111,978 0 $ 2,040 $ 12,240 $ 379,218
1024C NW9thAve. 1,350 $ 337,500 1,350 $ 110,939 0 $ 1,980 $ 43,560 $ 491,999
I025E NW 1st Street 360 $ 90,000 360 $ 28,094 0 $ 720 $ 4,320 $ 122,414
1026C 7thAve. 1,310 $ 187,080 630 $ 53,262 0 $ 1,900 $ 43,080 $ 283,422
1027D NW 1st Street 1,260 $ 315,000 1,260 $ 101,830 0 $ 2,340 $ 21,960 $ 438,790
1028C NW 5th Ave. 680 $ 170,000 0 $ 0 $ 680 $ 34,000 $ 204,000
1029C NW4th Ave. 1,280 $ 320,000 0 $ 0 $ 1,125 $ 56,250 $ 376,250
1030C NE 1st Street 270 $ 3,240 0 $ 0 $ 540 $ 3,240 $ 6,480
1031D NE 1st Street 270 $ 3,240 0 $ 0 $ 540 $ 3,240 $ 6,480
1032C NE 1st Street 270 $ 3,240 0 $ 0 $ 540 $ 3,240 $ 6,480
1033E NWl8thAve. 1,000 $ 250,000 1,000 $ 6,900 1,000 $ 269,100 1,917 $ 345,000 $ 871,000
1034E NE 22nd Lane 300 $ 75,000 300 $ 4,600 300 $ 31,050 479 $ 86,250 $ 196,900
EXHIBIT I
BOND PROGRAM COSTS B Y QUADRANT Sheet 1
Road Resurfacing $ 12/If Stormwater Lines: <30": $ 50/lf
Road Reconstruction $ 250/1f 30"-42": $ 85/lf 48"-66": $150/1f
Drainage Swales: $ 6/lf >66": $180/If
Estimated Project Costs - Quadrant II
Roadway and Utility Projects
Roadway Water Main Wastewater Stormwater Main
Project Length Length Lengt~ Length Total
No. Project Description (LF) Cost ($) (LF) Cost ($) (LF) Cost ($) (LF) Cost ($) Project Cost
2001C SW 14thAve. 2,200 $ 26,400 1,850 $ 149,061 0 $ 4,400 $ 26,400 $ 201,861
2002E SW 2ndAve. 670 $ 167,500 0 $ 0 $ 1,340 $ 8,040 $ 175,540
2003D SW lstAve. 1,280 $ 320,000 0 $ 0 $ 2,560 $ 15,360 $ 335,360
2004C Palm Square Ave. 625 $ 7,500 650 $ 59,216 0 $ 1,250 $ 7,500 $ 74,216
2005C Venetian Dr. 1,050 $ 262,500 680 $ 58,461 400 $ 53,636 1,030 $ 67,250 $ 441,847
2006E SW 2nd St/12th Ave. Intx. 60 $ 720 0 $ 0 $ 120 $ 720 $ 1,440
2007C SW 7th Ave. 680 $ 8,160 0 $ 0 $ 1,360 $ 8,160 $ 16,320
2008D Venetian Dr. 1,280 $ 320,000 0 $ 1,280 $ 171,635 240 $ 12,000 $ 503,635
2009C SW4thAve. 600 $ 7,200 0 $ 0 $ 1,200 $ 7,200 $ 14,400
2010C SE 3rd Street 250 $ 3,000 0 $ 0 $ 500 $ 3,000 $ 6,000
2011C SE 2nd Street 600 $ 150,000 0 $ 0 $ 640 $ 115,200 $ 265,200
2012C MacFarlane Drive 450 $ 112,500 0 $ 0 $ 900 $ 5,400 $ 117,900
2013C IngrahamAve. 540 $ 6,480 630 $ 54,285 0 $ 1,080 $ 6,480 $ 67,245
2014C SW 6th Street 150 $ 1,800 0 $ 0 $ 300 $ 1,800 $ 3,600
2015C SW 8th Ave. 1,200 $ 14,400 0 $ 0 $ 2,400 $ 14,400 $ 28,800
2016C SW 7th Ave. 620 $ 7,440 620 $ 49,971 0 $ 1,240 $ 7,440 $ 64,851
2017C SW 6thAve. 1,340 $ 16,080 1,340 $ 107,142 0 $ 2,680 $ 16,080 $ 139,302
2018C SW4thAve. 1,320 $ 15,840 0 $ 0 $ 2,640 $ 15,840 $ 31,680
2019C SW4th Ave. 380 $ 4,560 0 $ 0 $ 760 $ 4,560 $ 9,120
2020C SE4th Street 250 $ 3,000 0 $ 0 $ 500 $ 3,000 $ 6,000
2021C SE 7th Ave. 300 $ 3,600 300 $ 32,423 0 $ 600 $ 3,600 $ 39,623
2022C Venetian Dr, 700 $ 91,700 0 $ 700 $ 93,863 1,050 $ 21,700 $ 207,263
2023D Sea Sage Drive 270 $ 3,240 0 $ 0 $ 540 $ 3,240 $ 6,480
2024D SW 8th Court 1,280 $ 320,000 700 $ 60,938 0 $ 2,560 $ 15,360 $ 396,298
2025C SE 8th Street 150 $ 1,800 0 $ 0 $ 300 $ 1,800 $ 3,600
2026D Sunset Ave. 620 $ 155,000 900 $ 74,393 0 $ 1,240 $ 7,440 $ 236,833
2027D SE 10th Street 80 $ 20,000 40 $ 3,275 0 $ 220 $ 39,600 $ 62,875
2028C Del Harbor Drive 920 $ 11,040 0 $ 0 $ 2,010 $ 19,540 $ 30,580
2029C Curlew Road 220 $ 55,000 0 $ 0 $ 220 $ 18,700 $ 73,700
2030C Jaeger Drive 250 $ 3,000 0 $ 0 $ 500 $ 3,000 $ 6,000
2031D Albatross Road 1,050 $ 262,500 0 $ 0 $ 830 $ 70,550 $ 333,050
2032C Dogwood Drive 1,620 $ 19,440 0 $ 0 $ 3,240 $ 19,440 $ 38,880
2033C Bunting Drive 1,720 $ 20,640 0 $ 0 $ 3,440 $ 20,640 $ 41,280
2034C Lindell Blvd. 1,550 $ 18,600 0 $ 0 $ 3,100 $ 18,600 $ 37,200
2035C Lindell Blvd. 750 $ 187,500 0 $ 0 $ 1,500 $ 9,000 $ 196,500
2036E SW 8th Ave. 250 $ 62,500 250 $ 10,350 250 $ 5,750 399 $ 71,875 $ 150,475
2037E SW llth St. 500 $ 125,000 500 $ 1,150 0 $ 799 $ 143,749 $ 269,899
2038E Southridge Rd. 1,000 $ 250,000 1,000 $ 12,650 1,000 $ 12,650 1,597 $ 287,498 $ 562,798
2039E Frederick Blvd. 400 $ 100,000 400 $ 4,600 400 $ 4,600 639 $ 114,999 $ 224,199
Total Roadway and Utility Projects 129,175153,165,64019,860l$ 677,91514,030[$ 342,134151,924 $1,236,16115 5,421,850
EXttlBIT I
BOND PROGRAM COSTS BY QUADRANT Sheet 2
Road Resurfacing$ 12/If Stormwater Lines: <30": $ 50/If
Road Reconstruction $ 250/1f 30"-42": $ 85/lf 48"-66": $150/lf
Drainage Swales:$ 6/If >66": $180/lf
Estimated Project Costs - Quadrant III
Roadway and Utility Projects
Roadway Water Main Wastewater Stormwater Main
Project Length Length Lengtl~ Length Total
No. Project Description (LF) Cost ($) (LF) Cost ($) (LF) Cost ($) (LF) Cost ($) Project Cost
3001D Forest Road 120 $ 1,440 0 $ 0 $ 240 $ 1,440 $ 2,880
3002C Lakeview Drive 3,300 $ 39,600 0 $ 0 $ 6,600 $ 39,600 $ 79,200
TotalRoadway and Utility Projects 13,420 $ 41,040 0 $ 0 I$ 6,84015 4,,o4o15 82,080
Estimated Project Costs - Quadrant IV
Roadway and Utility Projects
Roadway Water Main Wastewater Stormwater Main
Project Length Lengtl' Lengtt~ Length Total
No. Project Description (LF) Cost ($) (LF) Cost ($) (LF) Cost ($) (LF) Cost ($) Project Cost
4001C NW 52nd Ave. 220 $ 2,640 0 $ 0 $ 500 $ 3,000 $ 5,640
4002C NW 2nd Stree~J 23rd Ave. 770 $ 192,500 890 $ 71,200 750 $ 45,000 1,600 $ 9,600 $ 318,300
4003D NW 24thAve./23rdAve. 1,160 $ 290,000 1,350 $ 108,000 1,045 $ 62,700 2,320 $ 13,920 $ 474,620
TotalRoadway and Utility Projects I 2,150 1$ 485,44012,24015 ~9,~001',7~1' 107,7001 4,420 $ 26,52015 798,560
EXHIBIT I
BOND PROGRAM COSTS BY QU~4DR~4NT Sheet 3
Road Resurfacing $ 12/If Stormwater Lines: <30": $ 50/lf
Road Reconstruction $ 250/~f 30"-42": $ 85/1f 48"-66': $150/1f
Drainage Swales: $ 6/If 366": $180/lf
Preliminary Cost Estimate
Roadway and Utility Project Bond Program
Roadway Costs Potable Water Costs Waste Water Costs Storm Water Costs Total Costs
Quadrant I $ 3,577,200 $ 679,718 $ 300,150 $ 1,414,180 $ 5,971,248
Quadrant II $ 3,165,640 $ 677,915 $ 342,134 $ 1,236,161 $ 5,421,850
Quadrant III $ 41,040 $ $ $ 41,040 $ 82,080
Quadrant IV $ 485,140 $ 179,200 $ 107,700 $ 26,520 $ 798,560
I
Total l$ 7,269,020 $ 1,536,833 $ 749,984 I$ 2,717,901 $ 12,273,738
EXHIBIT I
BOND PROGRAM COSTS BY QUADRANT Sheet 4
tn House Bid Documents Estimated Project Costs
Resurfacing and Swale Construction
Roadway Water Main Wastewater Stormwater Main
Project Length Lengtl~ Lengt~ Length Total
No. Project Description (LF) Cost ($) (LF) I Cost ($) (LF) Cost ($) (LF) Cost ($) Project Cost
100lC NE2ndAve. et. A1. 8,960 $ 107,520 0 $ 0 $ 17,280 $ 103,680 $ 211,200
1002C Northridge Rd./NE21st St. 1,350 $ 16,200 0 $ 0 $ 2,700 $ 16,200 $ 32,400
1004C Lake Drive 630 $ 7,560 0 $ 0 $ 1,260 $ 7,560 $ 15,120
1005E NE 12th Street 950 $ 11,400 0 $ 0 $ 1,900 $ ll,400 $ 22,800
1006D 9th Street 810 $ 9,720 0 $ - 0 $ 1,620 $ 9,720 $ 19,440
1009C Dixie Blvd. 1,640 $ 19,680 0 $ 0 $ 3,060 $ 18,360 $ 38,040
1010C ~nfield Terrace 180 $ 2,160 0 $ 0 $ 360 $ 2,160 $ 4,320
101lC qE 4th Street 270 $ 3,240 0 $ 0 $ 540 $ 3,240 $ 6,480
1012C NE4th Street 360 $ 4,320 0 $ 0 $ 0 $ $ 4,320
1015C Depot Ave. 2,070 $ 24,840 0 $ 0 $ 4,140 $ 24,840 $ 49,680
1017C SeaSprayAve. 790 $ 9,480 0 $ 0 $ 1,580 $ 9,480 $ 18,960
1018C Vista Del Mar Drive 720 $ 8,640 0 $ 0 $ 1,440 $ 8,640 $ 17,280
1022C 18th Ave. 1,040 $ 12,480 0 $ - 0 $ 2,080 $ 12,480 $ 24,960
1030C NE 1st Street 270 $ 3,240 0 $ 0 $ 540 $ 3,240 $ 6,480
1031D NE 1st Street 270 $ 3,240 0 $ 0 $ 540 $ 3,240 $ 6,480
1032C NE 1st Street 270 $ 3,240 0 $ 0 $ 540 $ 3,240 $ 6,480
2006E SW 2nd St/12th Ave. Intx. 60 $ 720 0 $ 0 $ 120 $ 720 $ 1,440
2007C sW 7th Ave. 680 $ 8,160 0 $ 0 $ 1,360 $ 8,160 $ 16,320
2009C SW 4th Ave. 600 $ 7,200 0 $ 0 $ 1,200 $ 7,200 $ 14,400
2010C SE 3rd Street 250 $ 3,000 0 $ 0 $ 500 $ 3,000 $ 6,000
2014C SW 6thStreet 150 $ 1,800 0 $ 0 $ 300 $ 1,800 $ 3,600
2015C SW 8th Ave. 1,200 $ 14,400 0 $ 0 $ 2,400 $ 14,400 $ 28,800
2018C SW4thAve. 1,320 $ 15,840 0 $ 0 $ 2,640 $ 15,840 $ 31,680
2019C SW4thAve. 380 $ 4,560 0 $ 0 $ 760 $ 4,560 $ 9,120
2020C SE4th Street 250 $ 3,000 0 $ 0 $ 500 $ 3,000 $ 6,000
2023D Sea Sage Drive 270 $ 3,240 0 $ 0 $ 540 $ 3,240 $ 6,480
2025C SE 8th Street 150 $ 1,800 0 $ 0 $ 300 $ 1,800 $ 3,600
2028C Del Harbor Drive 920 $ 11,040 0 $ 0 $ 1,840 $ 11,040 $ 22,080
2030C Jaeger Drive 250 $ 3,000 0 $ 0 $ 500 $ 3,000 $ 6,000
2032C Dogwood Drive 1,620 $ 19,440 0 $ 0 $ 3,240 $ 19,440 $ 38,880
2033C Bunting Drive 1,720 $ 20,640 0 $ 0 $ 3,440 $ 20,640 $ 41,280
2034C Lindell Blvd. 1,550 $ 18,600 0 $ 0 $ 3,100 $ 18,600 $ 37,200
3001D Forest Road 120 $ 1,440 0 $ 0 $ 240 $ 1,440 $ 2,880
3002C Lakeview Drive 3,300 $ 39,600 0 $ 0 $ 6,600 $ 39,600 $ 79,200
400lC NW 52nd Ave. 220 $ 2,640 0 $ 0 $ 500 $ 3,000 $ 5,640
Mathews Consulting Estimated Project Costs
Barrier Island Projects
Roadway Water Main Wastewater Stormwater Main
Project Length Lengtt Lengtt Length Total
No. Project Description (LF) Cost ($) (LF) Cost ($) (LF) Cost ($) (LF) Cost ($) Project Cost
1013C Harbor Drive 920 $ 230,000 360 $ 30,407 0 $ 1,020 $ 86,700 $ 347,107
1018C Harmon Court 140 $ 35,000 140 $ 12,054 0 $ 280 $ 1,680 $ 48,734
2005C Venetian Dr. 1,050 $ 262,500 680 $ 58,461 400 $ 53,636 1,030 $ 67,250 $ 441,847
2008D Venetian Dr. 1,280 $ 320,000 0 $ 1,280 $ 171,635 240 $ 12,000 $ 503,635
2022C Venetian Dr. 700 $ 91,700 0 $ 700 $ 93,863 1,050 $ 21,700 $ 207,263
2012C MacFarlane Drive 450 $ 112,500 0 $ 0 $ 900 $ 5,400 $ 117,900
2013C lngrahamAve. 540 $ 6,480 630 $ 54,285 0 $ 1,080 $ 6,480 $ 67,245
2028C Del Harbor Drive 0 $ 0 $ 0 $ 170 $ 8,500 $ 8,500
EXttlBIT II
BOND PROGRAM COST B Y PROJECT Sheet
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~5~t/[
SUBJECT: AGENDA ITEM ~ ~'- REGULAR MEETING OF DECEMBER 7, 1999
AWARD OF PURCHASE ORDER/MAN CON, INC. (EMERGENCY
MANHOLE REPLACEMENT)
DATE: DECEMBER 2, 1999
This is before the City Commission to consider awarding a purchase order in the amount of
$29,900.00 to Man Con, Inc. for the emergency replacement of a sanitary manhole at the north end of
Miami Boulevard. The project generally consists of removal and replacement of the manhole and
restoration of the disturbed area.
Quotes were obtained from three contractors for this work. The lowest proposal was $24,000.00
from Johnson-Davis, Inc. However, it would be after the first of the year before they could mobilize
to do the work. Due to the severity of the manhole deterioration and potential roadway collapse, the
work should be done as soon as possible. Man Con, Inc., the second low quote at $29,900.00, can
mobilize within one week.
Funding is available from 442-5178-536-63.93 OvV&S Renewal and Replacement - Southeast
Interceptor).
Recommend approval of the purchase order award in the amount of $29,900.00 to Man Con, Inc. for
emergency manhole replacement on Miami Boulevard.
Agmemol4.Em. Manhole Repair. Man Con. Miami Blvd.
AGENDA REQUEST
Agenda Item No.
Request to be placed on:
X Regular Agenda Date: December 1, 1999
__ Special Agenda
__ Workshop Agenda When: December 7, 1999
Description of item (who, what, where, how much): Staff requests Commission award a purchase order
to Man Con, Inc. for the emergency replacement of a sanitary_ manhole at the north end of Miami Blvd. in
the total amount of $29,900.00. The project generally consists of removal/replacement of the manhole
and restoration of the disturbed area. Funding is from R&R Account #442-5178-536-63.93, Southeast
Interceptor.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of purchase order to Man Con, Inc in the amount of
$29,900.00.
Department head signature: x,..~~)( ' I ~'~-c~~ [l.-I~t)'~
Determination of Consistency with Comprehensive Plan:
City Attomey Review/Recommendation (if applicable):.
Budget Director Review (re, glxir~d on all items involving expenditure of funds):
Funding available: ~_~..SJNO
Funding alternatives (if applicable)
AccountNo. & Description ~_, ~__. -X~,.~_~,yM.,v-- ~'~9 -Gl r]~ .,.t~-3/~, - ~'3. ~
Account Balance n~ (o ~. } c3 (3, c3 c~ x
City Manager Review: ~ O~
Approved for agenda: /N
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\\essrv002\davisLgorms~AgendaReq 120199.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden
City Manager
FROM: C. Danvers Beatty, P.E.~"~.~~
Deputy Director of Publi,c,rcrtir[ties
DATE: December 1, 1999
SUBJECT: Emergency Manhole Replacement
Southeast Interceptor Main Line Miami Blvd.
Attached for Commission approval is an agenda for award of a Purchase Order to Man
Con, Inc. This P.O. encompasses emergency replacement of an existing manhole at the
north end of Miami Blvd. (see attached location map), including restoration and clean-up.
The existing manhole has deteriorated to such a degree that settlement has occurred
and infiltration into the system has created a large cavity below the roadway.
Three proposals were solicited and received for this work. Johnson and Davis, Inc. at
$24,000.00; followed by Man Con, Inc. at $29,900.00; and Chaz Equipment at
$32,000.00. Johnson and Davis, Inc. is the lowest quote, however, It will be after the first
of the year before they can mobilize. Due to the severity of the manhole deterioration
and potential roadway collapse the replacement should be conducted as soon as
possible. Man Con, Inc. the second lowest quote can mobilize within one week.
Funding source is from #442-5178-536-63.93 (Southeast Interceptor).
cc: Richard C. Hasko, Director of Environmental Services
Howard Wright, Deputy Director of Construction
City Clerks Office
U:LMemos\DHarden 120199. doc
11/29/99 15:08 FAX 1 305 427 8135 ~IAN CON, INC. ~]002/002
lNG ORPOFtA 3'ED
ENGINEE~IN~ CDNTRACTD~S
Browa~: (9541 4~7~30
3460 S.~.
Oee~ieid Beach, Florida
November 29, 1999
Mr, Howard VVight
City of Delray Beach
434 South Swinton Avenue
Delray Beach, FI. 33444
RE; I~IANHOLE REPLACEMENT AT 1018 MIAMI BLVD,
Dear Howard:
Our firm's price to do the above project is $25),9013.00.
This price includes the following:
1. New 48" ctiameter manhole
2, By-pass pumping
3. All Restoration
Sincerely,
President
GAM/c¢
,,,k~(24/99 WED 09:4[ FAX 1 581 585 5252 JOHNSON-DAVIS INC, ~001
JOHNSON-DAVIS INC.
HEAVY CONSTRUCTION S0~, HILLERAYH ORIVE UNDERGROUN~.) U'rlLITIES
LANT~NA. FLORIDA 33462-~
551.~S-1170 F~X 561-~5-5252
C~-C~4~
November 24, l ~9
Mr. Scott Solomon
City of Delray Beach
Department of Public Utilities
434 S. Swinton
Delray Beach, FL 33~.4~.
Re: Manhole Replacement- S.IL 10t~ Street and Old Dixie Highway
Dear Scott:
We respectfully submit the following proposal for your consideration which is based upon our field
investigation of November 22, 1999:
Replace One (1) 10' - 12' Deep Sanitary Sewer Manhole Lamp Sam $ 24,000.00
Includes: Excludes :.
Asphalt Removal and Replacement Density Test
Rook Base Removal and Replacement Maintenance of Traffic
Sod Replacement Permit Fees
24" Gravity By-Pass Hydrant Meter and Water Usage Payment
Kopper Biutmastic MH Paint (In and Out) Protection, Repair, or Replacement of Unknown Utilities
MH Removal and Replacemtmt Thermo Striping
If we may be of further assistance please contact our office as our current workload is at or near
capacity.
Sincerel/y, L
President
'I~REfI~ ; CF,8. z Equipment. FAX I',,10. : ].5613332180 Now. 22 1999 ].2:05PM
CHAZ EQUIPMENT COMPANY.
I} jM A'"LA"E'AR ° R°^°''6 PROPOSAL
WELLII'}GTON. FL. 33414 Of ~ Pages
PHONE 24~7301 [DATE 11122299
PROPOSAL SUBMITTED TO:
!NAME CITY OF DELRAY I~ACH JOB NAME MANHOLE REHAB
STEEET 434 S. SWINTON AVF-NU~- STREET MIAMI AVENUE
CITY DI[LRAY BEACH CITY
!
STATE Fl.
We hereby subrttit spcaLfications and esti~mt¢ for:
REPLACE EXISTING 4' DIAMETER MANHOLE AND APPROXIMATELY 20 LINEAR FEET OF
GRAVITY SEWER WiTH NEW 4~ DIAMETER MANHOLE AND 24"
iNCLUSIONS:
1.) BY-PASS PUMPING
2.) ASPHALT RESTORATION
3.) M,O,T.
1 ,) ALL PERM{TS
Wc hereby propo~ m ~i~ ~r and ~tcr~s - ~l~ in a~a~ ~th thc a~e s~fiom, for the ~ of
THtE~-~O THOUSAND d~la~ ($ ) with ~e~ ~ ~ ~ folJows:
WITHIN ~ DAYS OF INVOICE
~RY ~JKOWSK~
Authonz~ Si~amm
ACC~ANC~ OF ~O~S~
~e a~ve ~i~s, s~i~(ions aud co:tdition$ are h~¢by a~t~. You ~¢ a.o~ to do ~e work ~ s~Jfi~. Pa~t ~lI ~ made
as outlm~
ACCE~D:
MEMORANDUM
TO: David T. Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor
FROM:
THROUGH: Josep.)..hSaf~ce Director
DATE: November 30, 1999
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
DECEMBER 07, 1999 - BID AWARD - BID #2000-01
SUPPLEMENTAL LABORATORY ANALYSIS FOR
WATER, WASTEWATER, ETC. - ANNUAL CONTRACT
Item Before Commission:
The City Commission is requested to approve the award of Bid #2000-01, supplemental
laboratory analysis for water, wastewater, etc. - annual contract - to Envirodyne Laboratory Inc.
for an estimated annual cost of $10,000.
Background:
Bids were received on November 05, 1999, from five (5) vendors all in accordance with City
Purchasing Policies and Procedures. Bid #2000-01 on file in the Purchasing Office. A
tabulation of bids is attached for your review.
The Director of Public Utilities and the Environmental Compliance Manager recommend award
to third low bidder, Envirodyne Laboratory Inc. Recommendation was made to award to the
third low bidder, as the first low bidder did not meet the specifications of the bid for a laboratory
located within 30 miles and their facilities were not staffed and equipped adequately to handle
the detailed requirements for sampling of this bid package. Recommendation was not made to
second low bidder, as the City has used them in the past and was dissatisfied with their quality of
service and their response time often exceeded the bid requirements, and in addition their facility
is located in Ft. Lauderdale. The third low bidder, Envirodyne Laboratory Inc. has been our
current vendor for the last three years and their quality and standard of service and response time
has been very satisfactory. See attached memo dated November 15, 1999, from Environmental
Compliance Manager.
Recommendation:
Purchasing staff recommends the award to low responsive/responsible bidder, Envirodyne
Laboratory Inc., at an estimated annual cost of $10,000. Funding from account code #441-5124-
536-34.90.
Attachments:
Tabulation of Bids
Memo from Environmental Compliance Manager
AGENDA REQUEST
Request to be placed on:
Date: November 29, 1999
XX Consent Agenda ~ Special Agenda ~ Workshop Agenda
When: December 07, 1999
Description of agenda item:
Bid award (Bid #2000-01) to third Iow responsible/responsive bidder, Envirodyne Laboratory Inc.,
for the annual contract for supplemental laboratory analysis for water, wastewater, etc., at an
estimated annual cost of $10,000.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Award to Envirodyne Laboratory, Inc. for the annual contract for supplemental laboratory analysis
for water, wastewater, etc., at an estimated annual cost of $10,000. Funding from account code
441-5124-536-34.90.
Department Head Signature: ~7~
Determination of Consistency with-GISmprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving ex~pendj, ture of funds):
Funding available: Yes --V/ (..s,~.~.- .-,~.~o~-~,-e_. ~.~,.x3\)'~
Funding alternatives: (if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review: \~ w,.~.,-A~-.~ ~ ~c ~v._,.~,.'~_=~ ,
Approved for agenda: ~ /~ No
Hold Until:
~flonda Coordinator R~vi~w:
Received:
Action: Approved Disapproved
The City of Delray Beach
Department of Environmental Services
Memorandum
To: Mrs. Jackie Rooney, Purchasing Supervisor
Thru: Mr. Dan Beatty, Director of Public Utilities-~~ ,/. AC_~
From: n'Detenga n'Gurumo, Environmental Compflance Manager ~,, ·
Subject: BID/f2000-2001 - Supplemental Laboratory Analysis
Date: November 15, 1999
After reviewing your tabulation of bids and copies of all BIDS received for the
Supplemental Laboratory Analysis for Environmental Water and Wastewater Analysis. I have
chosen to recommend the third lowest BID, which is Envirodyn Laboratory Inc. of Boca Raton,
Florida for $13,867.50, instead of Broward Testing that is $13,642.08, which is located in Ft.
Lauderdale, Florida., and ELAB, Inc. of Ormand Beach, Florida in the amount of $12,711.00.
Today Paul DeCarolis IPP Inspector, and myself visited the lowest BID Pompano Beach,
Florida's sub-station facility for ELAB, Inc. of Ormond Beach, Florida. We found that this BID
docs not meet thc terms of thc contract. Our unannounced visit revealed an office no larger than a
large closet, which is equipped only to transport samples. No staff was available, and when I called
the main office in Ormond Beach, Mr. Paul Canevaro informed me that it would take several hours
to get a staff member to meet us at their sub-station office facility. The laboratory facility is not
within 30 miles as stated in the original rexluircmcnts for thc above referenced BID. In addition, this
laboratory has no track record among thc municipal laboratories that I contacted here in South
Florida. They have no full-time staff at their Pompano site. Therefore they could not be available
upon demand to sample in the event of a spills, or other emergency response events. To use this
laboratory would probably put the Compliance Division at risk of falling into non-compliance, with
the federal and state regulatory agencies.
Considering all that is mentioned above, I propose that wc accept thc third lowest bidder,
which is Envirodyne Laboratory, Inc of Boca Raton, Florida. Broward Testing is some $225.42
cheaper than Envirodyne, but we have used them in thc past and were basically dissatisfied with
their services. There turn around time often exceeded 30 days as compared to Envirodyn, which
generally never exceeds one week. Their response time in an emergency would be not less than 1.5
hour, and Envirodyne is customarily 20 minutes. We have used Envirodync for the past three years,
and we are totally satisfied with their services. Envirodyne provide all the sampling bottles, and have
a cheaper hourly rate. In the past we have had no adverse effect from using Envirodyne as an
outside laboratory service, but we have been displeased with Broward Testing Laboratory in the
past.
As usual I am available for any questions concerning this decision, and can be reached at
561-243-7318 or mobile # 561-573-6674. Thanks in advance for your cooperation.
I:ITY OF DELRI:IY BEI:I[H
CITY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH Writer's Direct Line: (561) 243-7090
Ali. America City
MEMORANDUM
1993
TO: City Commission
d
FROM: Jay T. Jambeck, Assistant City Attorney~
SUBJECT: Settlement Offer in Godbee & Laster v. IZity of Delray Beach
The above-referenced lawsuit arose out of an automobile accident occurring on
September 21, 1995 where a former City employee backed a utility truck into an automobile
occupied by Plaintiffs.
Plaintiff Godbee is alleging injuries to his knee, on which surgery was performed
subsequent to the accident, and to his lower back. X-rays of Plaintiff Godbee's back taken after
the accident show a mild compression fracture. Plaintiff Godbee's total medical bills amounted
to $45,845.54.
Plaintiff Laster is alleging injuries to her lower back and head. At the time of the
accident, Plaintiff Laster was nine months pregnant. She was taken to the emergency room of
Bethesda Memorial Hospital immediately after the accident to determine if there was any adverse
effect to her unborn child. It was determined that the accident did not affect Plaintiff Laster's
pregnancy. Plaintiff Laster's total medical bills amounted to $4,346.02.
Plaintiffs previously made a settlement offer to the City of $85,000 for Willie Godbee
and $10,000 for Tiffany Laster, inclusive of attorney's fees and costs. That offer was rejected
by the City Commission on October 19, 1999.
Pursuant to further settlement negotiations, the Plaintiffs have made a subsequent
combined offer of $48,500, inclusive of fees and costs. At this time, the City Attorney's Office
recommends acceptance of this settlement offer.
Please place this item on the agenda for the December 7, 1999 City Commission
meeting. If you should have any questions, do not hesitate to contact me.
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
01/26/00 WED 12:22 FAX 561 243 3774 CITY CLERK ~001
*********************
*** TX REPORT ***
*********************
TRANSMISSION OK
TX/RX NO 1330
CONNECTION TEL 915613554941
CONNECTION ID
ST. TIME 01/26 12:21
USAGE T 01'09
PGS. SENT 2
RESULT OK
FAX ~.~e~.~..lll
CITY OF DELRAY BEACH
t00 N.W. l't Ave
Delray Beach FL $3444
Tel (561}243-T050 - Fax (561)243-31'74
TO: Mr. Wayne English, Communications Manager
~AX NU~m~ $55-4941
End, CT mo~. Lm'-~ (561 )~43-?050
our ~:AX (561)g45-8774
TOTAL NUMBER OF PAGES (including cover sheet) ?
F1 Urgent [] For Review [] Please Comment X Please Reply [] Please Reoycle
COMMENTS: MPSCC- Board of Directors Appointment
Dear Mr. English:
I am attaching hereto a copy ora letter we sent to the attention of M~: Robert
Mangold regarding appoint~nents to the Municipal Public Safety
FAX A,-A.mdmCltYllll!
CiTY OF DELRAY BEACH
1 O0 N.W. 1st Ave 1993
Delra¥ Beach FI. SS444
Tel (561)24~-7050 - Fax (561)243-3774
TO: Mr. Wayne English, Communications Manager
FAX NUMBER 8~5-49M
FROM: NAME OF SENDER ~jo,~
DIRECT PHONE LINE (~6 ] )~4'~=~0~0
OUR FAX (~61 )248-$774
TOTAL NUMBER OF PAGES (including cover sheet) ?
[] Urgent [] For Review [] Please Comment X Please Reply [] Please Recycle
COMMENTS: MPSCC- Board of Directors Appointment
Dear Mr. English:
I am attaching hereto a copy of a letter we sent to the attention of Mr. Robert
Mangold regarding appointments to the Municipal Public Safety
Communications Consortium
Kindly, acknowledge receipt of this fax by calling me at (561)243-7059.
I appreciate your assistance on this matter.
Thank you,
Nilza Madden
S~city clerk\fax 98'uCaxForms.doc
JAM.l~.2000 9~OBAM ~.~ r.~
.14 ~, . '-.'0
!
~o~ .. o~w ^v~.,,., sui,o ~oo~ J~u~ 18, 2000
Wa~t P~m Beach, FL 55401-4705
tsar) ~-~4~ Mr. David T, H~den. Ciw M~ager
s~co~: 27~-~04~ CiW of Dol~y Beach
~: (s~u ~ss-~ 100 N.W. Fimt Avenue
dcunning~c0.p~m-beach.fl-uS Dekay Beach, Florida 33444
h[tpllleg~.[irn.edulotherlpbcqc
De~ Mr. H~d~:
~ I m pleased to info~ you that the M~icipal Public S~eW Co~icafions
Conso~ of Palm Beach Co~W ~SCC) is mohng fo~d. We will have
o~ flint Bo~d of Dir~to~ meeting on J~u~ 27,2000 at 1:00 P.M. in ~e
mchard fi. Lubin. Esq., Chairman Atl~tis Ciw Council Club,s.
Leslie Cnrl~. V~ce Ch~rman
Yo~ ~ is entitled to appoint one person to ~e ~SCC Bo~d of Directors
~ smo~ m~. s~ ~d one alternate to se~e in ~at mcmb~'s absmce. ~ records indicate ~t to
~o ~ ~,b~, w~o~ date we have not received ~e ~es of yo~ appo~tees.
Piece m~e yew appoin~ents as soon
appointee's nines ~d contact info~afion. T~s info~ation should be stat to:
Wa~e English, Co~ufficafions M~g~, P~ Beach County Chminal
Justice Commission, 301 No~ Olive Av~ue, gl001, West P~ Beach,
~cc~ttve Dlre~r Florida 33401. Yo~ coop~afion ~ ~is matter is appreciated. If you have ~y
L. Ot~a Cunningham questions, please c~l me at (561) 965-1700.
Sine,ely,
{/~g ~ ~obm M~gold, Chaim~
,aw Efforcement Plmg Co~cil
~ print~xl on rocyci~d paper
[IT¥ DF DELRIt¥ BEIICH
EL.^Y.E^c. CITY CLERK
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ali,America City
1993
December 21, 1999
Mr. Robert Mangold
Chairman
Law Enforcement Planning Council
PBC Criminal Justice Commission
301 N. Olive Avenue, Suite 1001
West Palm Beach, FL 33401-4705
Re: MPSCC - Board of Directors Appointments
Dear Mr. Mangold:
On December 7, 1999, the Delray Beach City Commission voted unanimously to appoint David T. Harden,
City Manager, as the City's primary member on the Municipal Public Safety Communications Consortium
Board of Directors, with Police Chief Richard G. Overman as the alternate member.
It would be appreciated if correspondence and agendas are sent directly to:
David T. Harden Richard G. Overman
City Manager Chief of Police
City of Delray Beach City of Delray Beach
100 N.W. 1st Avenue 300 West Atlantic Avenue
Delray Beach, FL 33444 De[ray Beach, FL 33444
(561/243-7010) (561/243-7851)
The City of Delray Beach looks forward to working with your organization. If you have any questions, please
'feel free to contact me at 561/243-7050.
Sincerely,
Alison MacGregor Harty
City Clerk
AMH/m
Cc: David T. Harden, City Manager
Richard G. Overman, Chief of Police
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
[lTV DF I]ELIIIIV BE#IH
1993
December 21, 1999
Mr. Robert Mangold
Chairman
Law Enforcement Planning Council
PBC Criminal Justice Commission
301 N. Olive Avenue, Suite 1001
West Palm Beach, FL 33401-4705
Re: MPSCC - Board of Directors Appointments
Dear Mr. Mangold:
On December 7, 1999, the Delray Beach City Commission voted unanimously to appoint David T. Harden,
City Manager, as the City's primary member on the Municipal Public Safety Communications Consortium
Board of Directors, with Police Chief Richard G. Overman as the alternate member.
It would be appreciated if correspondence and agendas are sent directly to:
David T. Harden Richard G. Overman
City Manager Chief of Police
City of Delray Beach City of Delray Beach
100 N.W. 1~t Avenue 300 West Atlantic Avenue
Delray Beach, FL 33444 Delray Beach, FL 33~4~.
(561/243-7010) (561/243-7851)
The City of Delray Beach looks forward to working with your organization. If you have any questions, please
'feel free to contact me at 561/243-7050.
Sincerely,
Alison MacGregor Harty
City Clerk
AMH/m
Cc: David T. Harden, City Manager
Richard G. Overman, Chief of Police
THE EFFORT ALWAYS ~,~ATTERS
Printed on Recycled Paper
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM ~-/~. - REGULAR MEETING OF DECEMBER 7, 1999
APPOINTMENT TO MUNICIPAL PUBLIC SAFETY
COMMUNICATIONS CONSORTIUM BOARD OF DIRECTORS
DATE: DECEMBER 3, 1999
Attached is a request from the Chairman of the Law Enforcement Planning Council for appointment
of a primary and backup member to the Municipal Public Safety Communications Consortium
0VIPSCC) Board of Directors. The first workshop meeting is scheduled for December 9th in the
Atlantis City Council Chambers.
After discussing this matter with Chief Overman, it is recommended that I be appointed as the
primary member to the MPSCC Board of Directors with Chief Overman as the alternate.
Ref:Agmemol 1.Appt. MPSCC Board of Directors
111/19/99 Chief Overman: Mr' Harden w°uld like t° kn°w t
. -. if you .have a recommendation for appointment
to the Board of Directors.
NOV I 7 1999
Criminal Justice Commission November 15, 1999 CITy-.IW~NAG~R
301 N. Olive Avenue. Suite 1001
West Palm Beach, FL 33401-4705
(561) 355-4943 Mr. David T. Harden, City Manager
Suncom: 273-4943 City of Delray Beach
FAX: (561) 355-4941 100 N.W. First Avenue
dcunning@co.palm-beach.fl.us Delray Beach, Florida 33444
httpl/legal.firn.edu/other/pbccjc
Dear Mr. Harden:
II We are pleased to inform you that much progress continues to be made in
forming the Municipal Public Safety Communications Consortium
(MPSCC). We now have twenty Members and anticipate the remaining
Roy H. Davidson. Chairman eligible municipalities to ratify the Interlocal Agreement in the next few
Richard Lubin, Esq., Vice Chairman weeks.
Leslie Corley. Secretary We invite you to a workshop meeting regarding MPSCC at ! :00 p.m.,__
Wendy Sartory Link, Treasurer Dece..mberg. 1999 in the Atlantis City Council Chambers. Additionally, any
of your staff that migh~tcrcat in ~x4rll~=~U are welcome. Inmtatlons
have also been sent to the appointed MPSCC Board of Directors members. If
your governing body has not yet made your Board of Director's
appointments, I request that you designate your representatives as soon as
possible. We very much need to have our first official Board of Directors
Executive Director meeting by January.
L. Diane Cunningham
Our workshop's purpose is to provide an update on various activities
pertaining to MPSCC and distribute information for review prior to the
official Board of Directors meeting. It will also provide an opportunity for
open discussion and questions. Please join us for this important session.
I look forward to seeing you, or your designee, on December 9th. In the
meantime, if you have any questions please call me at (561) 965-1700.
Sincerely,
Robert Mangold, Chairman
Law Enforcement Planning Council
RM/rb
"An Equal Opportunity
Affirmative Action Employer*
cc: Richard G. Overman
~ ptfnted on recycled paper
Municipal Public Safety Communications Consortium
Workshop Agenda
December 9, 1999
1. ,Updates
A. Incorporation of MPSCC.
B, Communications Systems and Operations Policy Advisory Committee
(CSOPAC) activities. ~
C. New radio technologies being reviewed.
2. Discussion of information distributed for review prior to first Board of Directors meeting.
A. Proposed By-laws.
B. Proposed amendments to the Interlocal Agreement.
3. Agenda items for first Board meeting in January. 2000.
A. Location of Board meetings ....
4. .Open discussion,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~)~//~
SUBJECT: AGENDA ITEM ~/~/- REGULAR MEETING OF DECEMBER 7, 1999
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY
DATE: DECEMBER 2, 1999
With Janet Baron-Murphy's resignation from the Delray Beach Housing Authority, a vacancy has
been created to fill her unexpired term ending March 6, 2002.
Per statute, an appointee may not be an officer of the City. Further, each housing authority must
have at least one member who is a resident, current in rent, of the housing project or a person of low
or very low income who resides within the housing authority's jurisdiction and is receiving rent
subsidy through a program admimstered by the authority. There is a resident member currently
serving on the Delray Beach Housing Authority.
The following have submitted applications for consideration:
Edward Desmond
Joe Farkas
Donald Goebel
N. Jean Heinly-Bamer
Jeanette Slam
Doris Long-Sohn
Pursuant to Commission direction a check for outstanding hens and/or code violations was
conducted. None were found.
According to Florida Statutes, members are appointed by the Mayor and ratified by the City
Commission. However, by prior consensus of the Commission, each Commissioner has the
opportunity to make a recommendation to the Mayor as to Housing Authority appointees, on an
informal basis and according to the rotation schedule. In this instance, the
recommendation/appointment will be made by Commissioner Schmidt (Seat #1), subject to
acceptance by Mayor Alperin.
Recommend appointment of a regular member to the Dekay Beach Housing Authority to fill an
unexpired term ending March 6, 2002.
RefiAgmemo3.Appt.to DBHA
® BOARD MEMBER APPLICATION
1993
Please type or print the following information:
I. Last Name::/~O~- ~'(~/~) Nam~_.._~/,:~~ Middle Initial
2. Home Address: C~. ~/ S~ Zip Code
3. Legal Residence Stat~ Zip Code
4. ?rincipal Business Ad.ess: City State Zip Code
~. Home ?hone: (~/} ~?~/~ g~s'7~) Basiness ?hone: ( )
6. Whm Board(s) are you ~mercsted in serving?
7. List all ~::[ty Boards on which you ar~w/qttrrently serving o~l~ave lbreviously served: (Please includ~dates)
!
8. Educational qualifications:
~. List any related professional certifications and licenses which you hold:
10. Give your present, or most-receht employer, and position:
11. Describ~es~owledge which qualify you to serve on this board: (Pleas~e attach a brief resume)
~ hereby ce~/(,hat'all ~e a~o~e~tatements are true, and I argree and understand that any
misstatement of material facts contained in this application may cause forfeiture upon my part
of any flppointmen~! may receive.
I/-/~ - ~ ~
S]~NA'n. rP,~ ~, · NOV ! 0 1999
CITY CLERK
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
$u21TYCL,E. RK~OA.RD~PLI CATION
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~.'7~
SUBJECT: AGENDA ITEM ~' 0'- REGULAR MEETING OF DECEMBER 7, 1999
APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY
DATE: DECEMBER 2, 1999
With the resignation of Tim Onnen from the Downtown Development Authority, a vacancy has been
created to fill his unexpired term ending July 1, 2000.
To qualify for appointment, a prospective member must reside in or have his or her principal place of
business in the City, and shall not be serving as a City officer or employee. There is a requirement
that at least four of the members must be owners of realty within the downtown area, a lessee thereof
required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or of a
lessee thereof so required to pay taxes thereon.
Currently serving on the DDA and meeting ownership and tax payment qualifications are Mrs. Ellis,
Ms. Heard, Mr. Wheat and Mr. Wideman.
The following have submitted applications for consideration:
Ron Brito
Bernadette G. Butler
Louis Carbone (meets tax qualifications)
Michael Goldman (currently serving on BOA, with term ending 8/31/2000)
Robert W. Griek (meets tax qualifications)
Jay Hasher (currently serving on BCA, with term ending 8/31/2000)
Kevin P. Warner
A check for code violations and/or municipal liens was conducted. None were found with the
exception of Bernadette Butler (see attached).
Based on the rotation system, the appointment will be made by Mayor Alperm (Seat #5).
Recommend appointment of a member to the Downtown Development Authority to fill an
unexpired term ending July 1, 2000.
Agmemo3.Appointment to DDA
November 18, 1~9 '~
Mr. Frank Wheat, Chairman
Downtown Developmenti Authority
64 SE Fifth Avenue
Delray Beach, Florida 33 ~,33
Dear Mr. Wheal
It is with regrets that I mu.~ t tender my resignation from my position on the D.D.A. Seventy five projects
located in virtually every county south of Orlando is consuming all of my time. I am also expanding
Mesiner Elec~ric's presence and opening an office in Fort Meyers.
I will occupy my position tmtil such time a replacement is seated on the Board,
I appreciate the oppodudi!y to have served the City of Delray Beach.
Respectfully Submitted,
Tim
RECEIVED
H 0¥ 2 2 1999
CITY CLERK
220 N.E. 1" Street, Delray Beach, Florida 33444-3710
(561) 278-8362 · Fax: (561) 278-8397 · amall: meisnerOmelsnemlectrlc.com
tlc. No. EC
~ CITY OF DELl:lAY BEACH
BOARD MEMBER APPLICATIOH
1 g91
Please type or print the following information:
~iddl~ lnitisl
I 1. La.st Name: ~ Name ~-~
,~?
1 2. Home Adche~: ' ' '
3. Legal Residence City , State' Zip Code
4. PrLnciDai Busines~s. Adckess:' Ci~ Zip Code
5. Home?hone:(, ))'~ ,- ~Z~-O~ , Business?hone: (561) 278-3439
6. What Board(s) are :you interested in servinB?
Do~mtoT~n DevelopmenC Author±ty
7. List all City Boards on which you are currently serving or have previously served: (Please include dates)
Educational qualifications:
9. List any related professional certifications and licenses which you hold:
10. Give your.~esent, or most recent employer, and position:
11. Describe exoe~nces, skills or kng__w!edge ,which quali~ you to serve on this board: (Please attach a bd~f resume)
I hereby certify that all the above statements are true, and ! agree and understand that any
misstatern]ant of material facts contained J_nj;hi~.a.oj~/catlon may cause forfeiture upon my part of
any app~ntment~ma/yreceive. RECEIVE
Nov 2 3 SS9
CITY CLERK
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~ ~ - REGULAR MEETING OF DECEMBER 7, 1999
APPOINTMENT TO THE EDUCATION BOARD
DATE: DECEMBER 3, 1999
With the automatic resignation of Elma Maldonado from the Education Board, a vacancy has been
created to fdl her unexpired term ending July 31, 2001.
Members of the Education Board must be residents of the City or have a child attending Delray
Beach public schools or own property and/or own or operate a business within the City. It is the
intent, whenever possible, that the membership include persons with a background in business, real
estate and/or education.
The following have submitted applications and would like to be considered for appointment:
William L. Berry
Barbara D. Brown
Lynda S. Hunter
A check for code violations and/or municipal liens has been conducted. None were found.
The appointment will be made by Mayor Alperin (Seat #5).
Recommend appointment of a regular member to the Education Board to fill an unexpired term
ending July 31, 2001.
RefiAgmemo3.Appt. to Education Board. Regular Member
DELRAY BEACH
~ 100 N,W. 15t AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
~lI-A~ri~aC~
1993
November 12, 1999
Elma O. Maldonado
906 S. W. 10th Avenue
Delray Beach, Florida 33445
Re: Notice of Removal from the Education Board
Dear Mrs. Maldonado,
A review of the attendance records for the Education Board indicates you have been
absent for three consecutive regular meetings. Pursuant to Ordinance No. 19-95,
enacted April 4, 1995, failure to attend three (3) consecutive regular meetings is defined
as abandonment of office and requires automatic removal from the committee effective
immediately. Enclosed is a copy of the above ordinance for your review.
Please note that you may request reappointment to the Board at any time. If you wish to
be so considered, please forward your request to the City Manager and your name will be
included with other potential appointees when the City Commission fills the vacant
position.
Your past service on the Education Board is greatly appreciated.
Sincerely,
'David T. Harden
City Manager
DTH/pw
Enclosure
cc: Commissioner Schmidt
Janet Meeks, City Liaison
H. Paul Sayrs, Chair
THE EFFORT ALWAYS MATTERS
0~/11/011 TIR~ 15:06 FAX Stll ~4.~ 3?74 CITY ClA'I~ ~_/..~_. /~/ I~00~
/
BOARD MEMBER APPLICATION
hereby that ~ve statements, true, and I agree end understand that any
miss~ternent of ma~edal ~ ~~~'~~y ~use ~/~um upon my ~ of
Note: ~s applic~on ~ ~ on ~e' ~'~e Ci~Clerk's 0fi~ 'for a ~fiod of 2 ~ ~m ~ ~ it ~'~
~b~ It ~ ~ ~e ~pli~'s ~ibili~ to ~ ~ a ~nt ~p~cafion is on
Resume
Lynda S. Hunter
~61-272-6430
Youth Services Librarian / Youth Outreach Coordinator
SUMMARY OF QUAL ,IF!CATIONS
Experienced in all areas of children's programming, including in-house library programming for children
from ages one to twelve y~ars of age. Responsible for the creation of special interest programming for
children of elementary school age, including science, mystery and history clubs. Initiated a citywide
Summer outreach progrmn designed to reach children in camps and daycare centers who are unable to take
advantage of the public library. Experienced in writing grants for the purpose of fonding programs and free
books for children in need. Responsible for all outreach visits to schools and various daycare cen~rs during
the school year.
To promote reading and equal educational opportunities for all Delray Beach residents.
EXPERIENCE
19$6-Present Youth Services Librarian, Delray Beach Public Library
Programming Write and deliver five programs weekly t'or library patrons,
including music, stories, original visual aids and puppets.
Create Summer reading programs that consist of literature based activities
on a daily basis for children nor enrolled in specific activities.
Outreach Create programming and organize site schedule for the "Book Caravan".
This Summer outreach program runs for six weeks and delivers original
programs and free books to children in the city. Oversee the Library Card
Sign-up Program. The goal ofthis program is to see every child in the
city own a library card. Con~lized and designed the "Cultural
Capsule for an exchange project with our sister city. Creating a special
program for the Delray Beach CulVaral Alliance in the creation of a
Summer endeavor for at-risk Children.
Education B.A., Education, University of Pennsylvania 1969, M.F.A., University of
Pennsylvania 1970. Doctorate Program, Temple University, Philadelphia
Pmnsytvania, 1971.
Associations Former Chair, Florida Public Library Association, Youth Services
Division. Member, Florida for Youth Services. Member, Florida Library
Association. School Advisory Council member, Delray Full Service
Center, Plumosa Elementary Scho~l. Member, Delray Beach Cultural Alliance.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ CITY MANAGER
SUBJECT: AGENDA ITEM ~. ~ - REGULAR MEETING OF DECEMBER 7, 1999
REQUEST FOR SUPPORT FOR NEW PUBLIC LIBRARY SITE
DATE: DECEMBER 3, 1999
Attached is a request from the Delray Beach Public Library Board for a statement of support from the
City Commission reconfirming the acceptability of the site on the south side of West Adantic Avenue,
clirecfly opposite the Tennis Center and east of the County Courthouse (Kwik Stop/Discount Auto
Parts property), for a new library facility.
Staff recommends that the City Commission give conceptual approval to moving the library to the
proposed location on West Atlantic Avenue, subject to the following considerations:
1. The City fully supports the expansion of the South County Courthouse and would not support
any development scheme for the library on this site that would interfere with courthouse
expansion.
2. The Library does not own any of the proposed site and the CRA may need to sell this site in order
to have adequate funds available for other CRA projects. Furthermore, the CRA has certain legal
requirements which would have to be met regarding how it disposes of property.
3. Since the relocation of the Pineapple Grove Publix is going forward and the Post Office is also
planning to relocate, the Library Board should also consider that site as a potential location.
Ref:Agmemol 3.Support for Library. WAA Site
November 30, 1999
Honorable Mayor Jay Alperin
City of Delray Beach
100 NW First Ave
Delray Beach, FL 33444
Dear Mayor Alperin:
For the past several months the Board of Directors of the Delray Beach Public Library
has been investigating how best to improve library service to the residents of Delray Beach.
The current library facility, which has served the City for almost fifty years, is no longer
adequate to provide the services demanded by our customers. The current building lacks
adequate space for collections for children and adults, lacks space and electrical capacity for
technology, fails to provide quite study areas and has numerous other shortcomings. In
general the library fails to meet recognized Florida standards for an adequate public library.
The Library Board has examined the current facility for expansion potential, but architectural
and engineering studies indicate that expansion would be impractical and very costly. As a
result the Library Board has been exploring the possibility of building a new library that would
meet the needs of Delray residents well into the new century. In June 1999 the Board
sponsored a design charrette that examined six possible sites for a new library. The charrette,
participated in by over 150 Delray residents, recommended the site on West Atlantic Avenue
across from the Tennis Center as the site that would best meet the library's needs.
Presentations to the CRA and to WARC solicited the support of those groups for the West
Atlantic site.
Before beginning the complex negotiations necessary for the library to build on the
site, the Library Board requests a statement of support from the City Commission indicating
the Commission's support for the placement of a new library at the site designated on the
south side of West Atlantic Avenue, directly opposite the Delray Beach Tennis Center and east
of the County Courthouse.
The tentative timetable for the project is as follows:
December 1999 Architect/Design team selected
April 2000 Schematic Drawings complete, Grant
Application submitted to the State Library
March 2001 Construction Drawings complete
July 2001 Advertisement for construction bids
September 2001 Award construction contract
September 2001 Begin construction
September 2002 Construction complete
November 2002 Library opens
29 Southeast Fourth Avenue · Pelray Beach, Florida 33483 · (561) 266-0194 Fax (561) 266-9757
The Library Board of Directors is appreciative of the support of the City Commission
and looks forward to continuing our partnership in developing a modem library that will make
the community as proud of its library as it is of the City.
Sing~erely' ~
Da/riel M. Murtaugh, President
Board of Directors
DMM:sej
cc: Mr. David T. Harden, City Manager
Mr. Chris Brown, CRA
Staff recommends that the City Commission give conceptual approval to moving the library to the
proposed location on West Atlantic Avenue, subject to the following considerations:
1. The City fully supports the expansion of the South County Courthouse, and would not support any
development scheme for the library on this site that would interfere with courthouse expansion.
2. The Library does not own any of the proposed site, and the CRA may need to sell this site in order
to have adequate funds available for other CRA projects. Furthermore, the CRA has certain legal
requirements which would have to the met regarding how it disposes of property.
3. Since the relocation of the Pineapple Grove Publix is going forward and the Post Office is also
planning to relocate, the Library Board should also reconsider that site as a potential location.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER/C~//bl
SUBJECT: AGENDA ITEM/Or4 ' - REGULAR MEETING OF DECEMBER 7, 1999
ORDINANCE NO. 47-99 (AMENDMENT TO LDR SECTION 4.4.24,
OSSHAD ZONING DISTRICT, REGARDING USE AND DEVELOPMENT
STANDARDS FOR CERTAIN LOTS IN BLOCK 69 ASSOCIATED WITH
THE WORTHING PLACE DEVELOPMENT)
DATE: DECEMBER 3, 1999
This is second reading and a quasi-judicial public hearing for Ordinance No. 47-99 which amends
LDR Sections 4.4.24(I3)(9) and (F)(1) by adding Lots 19 through 24, inclusive, Block 69, to the list of
lots in the Old School Square Historic Arts District (OSSHAD) that may be developed pursuant to
certain standards of the Central Business District.
A proposal has been submitted by the developers of Worthing Place (Block 77) to construct a parking
garage on three lots located on the west side of S.E. 1st Avenue between Atlantic Avenue and S.E. 1'~t
Street. This area is currently zoned OSSHAD. The OSSHAD zoning allows parking lots but does
not specifically list parking garages/structures as a permitted use. Additionally, the required 25 ft.
front setback makes the construction of a garage practically infeasible in this area. There are several
lots within the OSSHAD zoning district that can be developed pursuant to the permitted uses and
height/setback requirements of the Central Business District. The proposed text amendment would
add Lots 19-24, Block 69, to that list of lots. The CBD allows parking garages as a permitted use and
requires only a ten foot front setback. The amendment will allow for a use and development pattern
that is more consistent with the rest of the downtown. Development of the lots will remain subject to
review by the Historic Preservation Board. Additional background and a full analysis of the request,
as well as location maps, are contained in the attached Planning and Zoning Board staff report.
On November 3, 1999, the Historic Preservation Board considered the amendment and voted
unanimously to recommend approval. The Planning and Zoning Board considered the amendment
on November 15, 1999, and voted 4 to 1 0gliopoulos dissented; Moms abstained; McCarthy was
absent) to recommend that the text amendment be approved. At first reading and the first public
hearing on November 16~h, the City Commission voted 3 to 2 (Mr. Randolph and Mr. Schmidt
dissenting) to pass the ordinance on to second reading and a quasi-judicial public hearing.
Recommend approval of Ordinance No. 47-99 on second and final reading, based upon the findings
and recommendation of the Historic Preservation Board and the Planning and Zoning Board.
Ref:Agmemo21.Ord.47-99.Adding Lots in Blk 69.OSSHAD.CBD Standards ~~~_.~ ~...~ ~ "xT-/OZ~
ORDINANCE NO. 47-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH BY AMENDING SECTION 4.4.24, ~OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)",
SUBSECTION 4.4.24(B), "PRINCIPAL USES AND
STRUCTURES", AND SUBSECTION 4.4.24(F),
"DEVELOPMENT STANDARDS", TO ADD LOTS 19 THROUGH
24, INCLUSIVE, BLOCK 69, TO THE LIST OF LOTS
WITHIN THE OSSHAD ZONING DISTRICT THAT MAY HAVE
THE SAME PRINCIPAL USES AS THE CENTRAL BUSINESS
DISTRICT AND THAT MAY BE DEVELOPED PURSUANT TO
THE STANDARDS OF THE CENTRAL BUSINESS DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendment at a public
hearing on November 15, 1999, and voted to recommend adoption of the
proposed amendment; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Section
4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsection 4.4.24(B), ~Principal Uses and Structures", subparagraph
4.4.24(B) (9) of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(B) Principal Uses and Structures Allowed:
(9) Within the following described areas, the uses
allowed as permitted uses in Section 4.4.13(B)
pursuant to the base district and special provisions
of the Central Business District regulations shall
also be allowed in the OSSHAD:
(a) Lots 13-16, Block 60
(b) Lots 1-4, Block 61
(c) Lots 1-7 and 19-24, Block 69
(d) Lots 7-8, Block 75
(e) Lots 1-6, Block 75
Section 2. That Chapter 4, "Zoning Regulations", Section
4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsection 4.4.24(F), "Development Standards", subparagraph
4.4.24(F) (1) of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(F) Development Standards:
(1) The following locations shall be subject to the
standards of the CBD zone district:
(a) Lots 13-16, Block 60
(b) Lots 1-4, Block 61
(c) Lots 1-7 and 19-24, Block 69
(d) Lots 7-8, Block 75
(e) Lots 1-6, Block 75
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word
be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1999.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
MEMORANDUM
TO: MAYOR AND CITY CO~MISSIONERS
FROM: CITY MANAGER ~,q"
SUBJECT: AGENDA ITEM $$ ,/O ~' - REGULAR MEETING OF DECEMBER 7, 1999
ORDINANCE NO. 48-99 (REZONING ASSOCIATED WITH THE TENNIS
(;ENTER EXPANSION)
DATE: DECEMBER 2, 1999
This is second reading and a quasi-judicial public hearing for Ordinance No. 48-99 which rezones the
south 52 feet of Lot 14 and all of Lot 15, Block 23, Town of Dekay, from R-1-A (Single Family
Residential) District to CF (Community Facilities) District. The subject property is located on the west
side of N.W. 2"a Avenue, approximately 400 feet south of Martin Luther King, Jr. Drive (N.W. 2"~ Street).
The rezonmg is being processed to accommodate the expansion of the existing Tennis Center/Stadium
(zoned CF) with the addition of two hard tennis courts and appurtenant improvements on the subject
property which is immediately north of the existing retention area.
The PLanning and Zoning Board held a public heating on this item on November 15, 1999, and voted
unanimously to recommend that the rezonmg be approved. At first reading on November 16th, the City
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 48-99 on second and final reading, based upon positive findings
with respect to Chapter 3 (Performance Standards) and Section 2.4.503)(5) of the Land Development
ReguLations, and policies of the Comprehensive Plan.
Ref:Agmemo 15.Rezonmg. Tennis Center Expansion
ORDINANCE NO. 48-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY
RESIDENTIAL) DISTRICT IN THE CF (COMMUNITY
FACILITIES) DISTRICT; SAID LAND BEING THE SOUTH
52 FEET OF LOT 14 AND ALL OF LOT 15, BLOCK 43,
TOWN OF DELRAY, LOCATED ON THE WEST SIDE OF N.W.
2ND AVENUE, APPROXIMATELY 400 FEET SOUTH OF
MARTIN LUTHER KING, JR. DRIVE (N.W. 2ND STREET),
AS 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 R-1-A (Single Family Residential)
District; and
WHEREAS, at its meeting of November 15, 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 to
reconunend 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 CF (Community
Facilities) District for the following described property:
The South 52 feet of Lot 14 and all of Lot 15,
Block 43, TOWN OF DELRAY, as recorded in Plat
Book 1 at Page 3 of the Public Records of Palm
Beach County, Florida.
The subject property is located on the west side
of N.W. 2nd Avenue, approximately 400 feet south
of Martin Luther King, Jr. Drive (N.W. 2nd
Street); containing 0.40 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 7th day of December , 1999.
.... v Cit]-Cter~-- - ;
First Reading November 16, 1999
Second Reading December 7, 1999
- 2 - Ord. No. 48-99
II I ~ I II METHODIST
N.W. 3RD Sl. N.£. 3~D ST.
'CITY ~
~ TTORNEY ~ ~
C~ TY
HALL
1ST ST. N.W. 1S~ ST. N.E. 1ST
COMMUNITY
SQUARE
GC ATLANTIC AVENUE
SOUTH
COUNTY
COURT
HOUSE
r s.w. IST ST. S.E. 1ST
N DELRAY BEACH TENNIS CENTER EXPANSION
~ ~ - AREA PROPOSED FOR RE. ZONING
c~ or D~L"A¥ BE^C~. rL
PLANNING &' ZONING DEPARTMENT FROM: R-1-A (SINGLE FAMILY RESIDENTIAL) TO: CF (COMMUNITY FACILITIES)
-- D/G/IAL B,~.$£ /,MP SY~TE~ -- ~/,AP RE~: L~Sa5
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: November 15, 1999
AGENDA ITEM: IV.A.
ITEM: Rezoning from R-1-A (Single Family Residential) to CF (Community
Facilities), in Conjunction with the Expansion of the Delray Beach
Municipal Tennis Center.
GENERAL DATA:
Owner ............................. Tressie Washington, Raymond &
Applicant ......................... David T. Harden, City Manager
City of Delray Beach, Florida
Location .......................... West side of N.W. 2nd Avenue,
approximately 400' south of Martin
Luther King, Jr. Drive (NW 2"~ St.). ·
Property Size .................. 0.40 Acre ~.__J __
Future Land Use Map ..... LD (Low Density 0-5 du/ac)
Current Zoning ............... R-I-A (Single Family Residential)
Proposed Zoning .......... CF (Community Facilities)
Adjacent Zoning .... North: R-I-A
ATLANTIC AVENUE
East: CF (Community Facilities)
South: CF
COURT
'. West: R-1-A
Existing Land Use .......... Two single family residences
Proposed Land Use ........ Rezoning of the parcels in
conjunction with the expansion of the
Delray Beach Tennis Center.
Water Service ................. n/a.
Sewer Service ................ n/a.
IV.A.
ITEM BEFORE THE BOARD I
The item before the Board is that of making a recommendation on a City
initiated rezoning from R-1-A (Single Family Residential) to CF (Community
Facilities) for property associated with the tennis center expansion.
The subject property is located on the west side of N.W. 2nd Avenue,
approximately 400' south of Martin Luther King Jr. Drive (NW 2nd Street), just
north of the municipal tennis center.
,, , I
The City has contracted with the Association of Tennis Professionals (ATP) for a
professional tennis tournament, to be held at the tennis center in February of next year.
The City's contract with ATP states that 7 hard courts must be provided, and only 4 exist.
The balance of the existing courts (15) are clay. In order to fulfill the contract obligations
the center court is being converted from clay to a hard court, and two additional hard
courts must be provided. Conversion of other clay courts to hard was explored, however
the existing clay courts generate the majority of the revenue and are in great demand by
tennis center members.
In July, 1999, a City-initiated rezoning was processed to rezone the eastern 20' of Lots 1-
12 within Block 36 (.20 acre, 8,800 sq. ft.) from R-1-A (Single Family Residential, Lots 7-
12) and GC (General Commercial, Lots 1-6) to CF (Community Facilities), to
accommodate the tennis center expansion. As a tennis center is a conditional use in the
CF zoning district, a Conditional Use Modification request to allow the addition was also
processed. In conjunction with the rezoning and conditional use requests, a request to
close a portion of N.W. 3rd Avenue approximately 140' north of W. Atlantic Avenue to
N.W. 1st Street, which would have been utilized as part of the expansion.
A pubic hearing regarding these items was held on August 16, 1999. After extensive
public testimony in opposition to the request, the Planning and Zoning Board
recommended to the City Commission denial of a proposed rezoning, street closure/traffic
pattern modification, and Conditional Use modification. The associated applications were
subsequently withdrawn.
On August 23, 1999, there was a meeting with neighborhood residents and concerned
citizens regarding the need to expand the tennis center. Four alternative designs to
accommodate the expansion were discussed. The residents rejected the proposals to
close or re-route NW 3rd Avenue to accommodate the expansion (Alternatives #1 & #3).
However, they accepted the alternatives to expand the center to the north (Alternative #2)
or to install the courts on the west side of NW 3r~ Avenue, with no permanent closure
(Alternative #4). The City proposed to expand onto a property just north of the existing
retention area (Lot 15, Block 43) (Alternative #2).
At the Planning and Zoning Board meeting of October 11, 1999, the request to expand
onto Lot 15 was continued, as the City was pursuing other alternatives to better
accommodate the required drainage retention as well as the tennis courts. The City has
negotiated to purchase the property just north of Lot 15 (south 52 feet of Lot 14). The
P & Z Staff Report
Tennis Center Expansion - Rezoning from R-I-A to CF
Page 2
contract to purchase the property was approved by the City Commission at its November
2nd meeting.
The City now proposes to expand to the north onto two properties just north of the
existing retention area. The proposal incorporates Lot 15 and the south 52 feet of Lot 14,
Block 43, Town of Delray (0.4 acres, 17,424 sq.ft.). Lot 15 contains a single family house
and cottage constructed in 1963, and Lot 14 contains a single family house constructed in
1961.
PROJECT DESCRIPTION I
The proposal is to rezone Lot 15 and the south 52 feet of Lot 14, Block 43, Town of
Delray (0.4 acres, 17,424 sq.ft.)from R-loA (Single Family Residential)to CF (Community
Facilities). The rezoning is being processed to accommodate the expansion of the
existing tennis center (zoned CF) with the addition of two hard tennis courts north of the
existing retention area. A Conditional Use Modification request to allow the addition is
also before the Board.
ANALYSIS
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 properties is LD (Low
Density Residential 0-5 du/ac) and the zoning designation is R-1-A (Single Family
Residential). Pursuant to LDR Section 4.4.21(A), the CF zoning district is deemed
compatible with all land use designations shown on the Future Land Use Map. The
purpose statement of the CF zone district states that CF zoning is a special purpose zone
district primarily intended for facilities that serve public and semi public purposes. The
proposed CF zoning to accommodate the Tennis Center expansion is consistent with the
LD Future Land Use Map 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.
P & Z Staff Report
Tennis Center Expansion - Rezoning from R-1-A to CF
Page 3
The proposal is to expand the tennis center by a total of 17,424 sq. ft. for the addition of
two hard tennis courts. As described below, the impact on the applicable level of service
standards should be minimal.
Water and Sewer:
Water and sewer mains exist within the tennis center facility and no main extensions are
necessary. Pursuant to the Comprehensive Plan, treatment capacity is available at the
City's Water Treatment Plant and the South Central County Waste Water Treatment Plant
for the City at build-out.
Streets and Traffic:
The two tennis courts are estimated to generate an additional 66 vehicular trips onto the
surrounding roadway network. The tennis center complex is located within the City's
TCEA (Traffic Concurrency Exception Area) designation, which encompasses the CBD,
OSSHAD (Old School Square Historic Arts District) and the West Atlantic Avenue
Business Corridor, which includes the tennis center property. The TCEA exempts the
above described areas from complying with the Palm Beach County Traffic Performance
Standards Ordinance.
Solid Waste:
The addition of two tennis courts is not anticipated to have any adverse impact on this
level of service standard.
Consistency: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall consistency.
COMPREHENSIVE PLAN:
A review of the Goals, Objectives, and Policies of the Comprehensive Plan was
undertaken and the following applicable Objectives and Policies were identified.
Future Land Use Element Objective A-l: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate in terms
of soil, topographic, and other applicable physical considerations, is
complementary to adjacent uses, and fulfills remaining land use needs.
OPen Space and Recreation Element Objective A-2: Park and recreation facilities
shall be adequately and efficiently provided through the implementation of the
following policies:
P & Z Staff Report
Tennis C~.nter Expansion - Rezoning from R-I-A to CF
Page 4
Open Space and Rec.reation Element Policy A-2.2: The City, through the Parks and
Recreation Department, shall place its first recreation priority on the provision of
facilities for activities which serve all residents of the community and which can be
achieved through completing the development of existing park areas, enhancing
existing facilities, and adding specialized items such as playgrounds to existing
facilities.
Public Facilities Element Objective D-l: Provisions are to be implemented to
maintain and upgrade existing public facilities to retain the acceptable level of
service for the facility and to maintain the "marketability of the facility and the
City".
Capital Improvement Element Obiective A-l: The city shall direct financial
resources to the task of maintaining and upgrading existing public facilities as
necessary to assure that the entire City achieves the adopted levels of service. To
this end, the City shall allocate sufficient reserves and annual recurring funding to
address critical needs and system deficiencies.
The rezoning is being requested to accommodate the expansion of the tennis center with
the addition of two tennis courts. The 5 Year Fiscal Schedule within the Capital
Improvement Element provides funding ($236,000) for the tennis center in FY 1999-2000.
The expansion of the center will enhance the opPortunities to gain additional private
users, as well as for the City to host additional sporting and entertainment events, which is
consistent with the policies and objectives expressed above.
Section 3.3.2 (Standards for Rezoning Actions): Standards A-C and E are not
applicable. The applicable performance standard of Section 3.3.2 is as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The subject area is surrounded by the following zoning districts and land uses: to the
· north and west are single family residences on properties zoned R-1-A (Single Family
Residential); east is City Hall and south is the Tennis Center/Stadium, which are zoned
CF (Community Facilities). The subject property is being rezoned to accommodate the
expansion of the tennis center and to be consistent with the CF zoning designation of the
existing facility. The existing tennis center is screened with a green vinyl coated chain
link fence and mature landscape materials. Adequate screening will be required to buffer
the expansion from the residential properties to the north and west. The tennis facility
has co-existed with the adjacent residential neighborhood for many years, with minimal
conflict. There are no concerns with compatibility with existing residences. Based upon
the above, positive findings can be made with respect to the applicable performance
standards.
P & Z Staff Report
Tennis Center Expansion - Rezoning from R-1-A to CF
Page 5
Section 2.4.5(D..){5) {Rezonin_~ Findin_~s):
Pursuant to Section 2.4.5(D)(5) (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;
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 "b". The rezoning is being requested to accommodate the
expansion of the tennis center, which will result in the assigning of a classification that is
consistent with the existing facility.
Compliance with Land Development ReRulations: 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.
CF Zone District {Special Requlations):
Pursuant to LDR Section 4.4.21(H)(1), within the CF zoning district, the perimeter setback
area, when provided, shall be a landscaped area within which no paving shall be allowed
except for driveways and walkways leading to structures on the premises. Such
driveways and walkways shall be generally perpendicular to the property line. Per LDR
Section 4.4.21(H)(2), when this zone district is adjacent to residential zoning, the
perimeter landscape area should be increased to a depth of frffeen feet (15'); or, as an
alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic
and buffer purposes.
In addition to the rezoning, tennis centers are a conditional use in the CF zoning district,
and a conditional use modification must be approved to allow the expansion the.tennis
center, thereby making the above requirements applicable to this project. The existing
tennis center facility is screened with green chain link fence and landscape materials.
The expansion should not negatively impact the residential properties to the north and
west. Means of buffering the residential properties from the addition will be required to be
reviewed at site plan. The buffering will require hedges and a tree every 25'.
P & Z Staff Report
Tennis Center Expansion - Rezoning from R-1-A to CF ~
Page 6
REVIEW BY OTHERS
CRA (Community Redevelopment Agency):
At its meeting of November 11, 1999, the CRA reviewed and recommended approval of
the proposal.
SPRAB (Site Plan Review and Aooearance Board):
If the rezoning and conditional use requests are approved, a site plan modification will be
processed which action by the Site Plan Review and Appearance Board.
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:
· West Settlers Historic District
· Delray Merchants Association
· Peach Umbrella Association
· Paradise Heights
Letters of objection or support, if any, will be presented at the P & Z Board meeting.
ASSESSMENT AND CONCLUSION
The request involves the rezoning of the subject properties from R-1-A to CF to
accommodate the expansion of the tennis center, as well as to be consistent with the CF
zoning classification of the existing tennis center/stadium complex. The proposal is
consistent with the policies of the Comprehensive Plan and Chapter of the Land
Development Regulations. Positive findings can be made with respect to Section
2.4.5(D)(5) (Rezoning Findings), that the rezoning is being requested to accommodate
the expansion of the tennis center, which will result in the assigning of a classification that
is consistent with the existing facility. The expansion should not negatively impact the
residential properties to the north and west. Adequate screening should be provided to
buffer the residences, which will be required to be addressed at site plan. The expansion
of the tennis center will require submittal of a complete site plan modification application
and adherence to the Land Development Regulations.
P & Z Staff Report
Tennis Center Expansion - Rezoning from R-1-A to CF
Page 7
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Recommend approval of the rezoning request from R-1-A (Single Family Residential)
to CF (Community Facilities) for Lot 15 and the South 52' of Lot 14, Block 43, Town of
Linton, based upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the Comprehensive
Plan, and LDR Section 2.4.5(D)(5).
C. Recommend denial of the rezoning request from R-1-A (Single Family Residential) to
CF (Community Facilities) based upon a failure to make positive findings with respect
to LDR Section 2.4.5(D)(5), that the rezoning fails to fulfill one of the basis reasons.
STAFF RECOMMENDATION
Recommend to the City Commission approval of the rezoning from R-1-A (Single Family
Residential) to CF (Community Facilities) for Lot 15 and the South 52' of Lot 14, Block 43,
Town of Linton, based upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the Comprehensive Plan,
and LDR Section 2.4.5(D)(5).
Attachments:
· Location Map
· Existing Zoning Map
· Sketch Plan
s:~olanning&zoning~P&Z~TennisCtrRez.doc
,
:: ~ ' ..
:~:'~'~ ~EL~A~ BEACH
.... DOWNTOWN LOCATION ~'- 30'0'
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~~: ...... -~'~~='G ~, ....... , ...... ~ ,'~
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C of DELRAY BEACH ~NNIS CEN~R
~~ ~ ~~ PHASE IV
~ ~ ~ ~ ~~ ~~ 99-059
TO: DAVID T. HARDEN, CITY MANAGER ~'~ - [, "\ .
THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNING A~
,OM: ^. cos ,,o. -
SUBJECT: MEETING OF DECEMBER 7, 1999
CONSIDERATION OF A CONDITIONAL USE MODIFICATION REQUEST TO
EXPAND THE MUNICIPAL TENNIS CENTER/STADIUM.
The development proposal involves the expansion of the municipal tennis center with the addition of
two hard tennis courts north of the existing tennis center retention area, known as Phase IV. The
area of expansion includes Lot 15 and the south 52 feet of Lot 14, Block 43, Town of Delray (0.4
acres, 17,424 sq. ft.) located on the west side of NVV 2nd Avenue, approximately 400' south of Martin
Luther King, Jr. Drive (NW 2nd St). Second reading of the rezoning ordinance for the subject
properties to CF is scheduled for the December 7th meeting. Additional background and an analysis
of the request are found in the attached Planning and Zoning Board Staff Report.
At its meeting of November 15, 1999, the Planning and Zoning Board held a public hearing in
conjunction with review of the request. There was no public testimony in support of or in opposition to
the request. One member of the public inquired if there would be future proposals to expand the
tennis center. Staff stated that if an additional expansion occurs notices would be distributed to
property owners within a 500' radius. The Board discussed the proposal and voted 7-0 to
recommend to the City Commission approval of the conditional use modification request, based upon
positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5) (Conditional Use Finding), and
policies of the Comprehensive Plan, subject to the following conditions:
1. That a site plan modification addressing all applicable Land Development Regulations be
reviewed and approved by the Site Plan Review and Appearance Board;
2. That hedges with a shade tree every 25' be installed along the north and west property lines.
By motion, approve the Conditional Use Modification request for the Municipal Tennis Center, subject
to the findings and conditions as recommended by the Planning and Zoning Board.
Attachment: P & Z Staff Report and Documentation of November 15, 1999
s:\planning & zoning\city commission\TennisCtrCU.doc
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: November 15, 1999
AGENDA ITEM: IV.B.
· ITEM: Conditional Use Modification to Allow the Addition of 2 (two) Hard
Tennis Courts at the Delray Beach Municipal Tennis Center.
CA$ON
ME TH ODt$ T
CHURCH
GENERAL DATA:
Owner ............................. Tressie Washington, Raymond &
Beach
Applicant ......................... David T. Harden, City Manager
City of Delray Beach, Florida
Location .......................... North side of West Atlantic Avenue,
Between NW l't and 3"" Avenues.
MARTIN LUTHER
Property Size .................. 9.58 Acres
Future Land Use Map ..... CF-P (Community Facilities-Public
Buildings) & LD (Low Density 0-5
du/ac)
Current Zoning ............... CF (Community Facilities) and R-I-A
(Single Family Residential) (Processing
rezoning of R-1-A zoned property to CF ,_.
in conjunction with the conditional use
modification) cE~~ER ,
Adjacent Zoning .... North: R-1-A
East: CF & OSSHAD (Old School Square ~,~o,u,~ !
....... _J J
Historic Arts District) A T L A-N--T--~------; V ~ N U E
South: CF & Ge (General Commercial)
West: R-1-A & GC co.~¢x cou~r~
COURT
Existing Land Use .......... Municipal Tennis Facility, retention HOU~
area, and two (2) single family
residences
Proposed Land Use ........ Demolition of the two single family ~.~. · ,,-~---~-_~ ~.,. ,s~ ~.
residences north of the existing 1~~~ ~~ii1--~
retention area to accommodate the
addition of (two) hard tennis courts
Water SeFvice ................. n/a.
Sewer Service ................ n/a.
IV.B.
ITEM BEFORE THE BOARD
The action before the Board is that of consideration of Conditional Use
Modification for the tennis center expansion, pursuant to LDR Section
2.4.5(E)(7).
The subject property is located on the west side of N.W. 2nd Avenue,
approximately 400' south of Martin Luther King Jr. Drive (NW 2nd Street),
just north of the municipal tennis center.
Modifications to Conditional Use Approvals are processed pursuant to
LDR Section 2.4.5(E)(7). Modifications which involve intensity of use or
hours of operation must be approved by the Planning and Zoning Board
(as opposed to staff approval). If, however, the Board deems that the
modification is significant, then the modification must be heard as a new
Conditional Use application, requiring formal notification, public hearing,
and final action by the City Commission. As this modification involves the
expansion of the tennis center onto additional property, and a rezoning of
that property, staff has processed it in accordance with the requirement for
a new conditional use application.
BACKGROUNDi
The tennis center is part of the overall tennis center/stadium complex, which currently
consists of a stadium, clay and hard courts, practice wall, clubhouse, and associated
parking. The complex is located on Block 52 (Lots 1-16), Block 44 (Lots 1-16), Block 43
(Lot 16) and a portion of N.W. 1st Street, between N.W. 2nd Avenue and N.W. 3rd
Avenue, which is closed.
On September 8, 1992, the City Commission approved the rezoning and Conditional
Use requests to expand the tennis center and add a municipal tennis stadium. 'The
associated site and landscape plans and elevations were reviewed and approved by the
Site Plan Review and Appearance Board at its meeting of September 2, 1992.
On September 8, 1994, the City Commission approved a Conditional Use Modification
to allow the addition of 5,128 permanent seats and 44 handicap spaces to the tennis
stadium to accommodate the Virginia Slims Tournament.
The most recent events leading up to the current request for the conditional use
modification are described in the Background section of the rezoning staff report that is
associated with this project.
P & Z Staff Report
Tennis Center Expansion - Conditional Use Modification
Page 2
PROJECT DESCRIPTION J
The development proposal involves the expansion of the existing tennis center with the
addition of two hard tennis courts north of the existing tennis center retention area,
known as Phase IV. The area of expansion includes Lot 15 and the south 52 feet of Lot
14, Block 43, Town of Delray (0.4 acres, 17,424 sq. ft.) located on the west side of NW.
2nd Avedue.
As previously discussed, the City's contract with the Association of Tennis Professionals
(ATP) tournament states that 7 hard courts must be provided, and only 4 exist. The
balance of the existing courts (15) are clay. The proposal is to install two hard courts
and convert center court from clay to hard. In addition to being used for the tournament,
the proposed tennis courts will be utilized on a daily basis by the tennis center.
J CONDITIONAL USE :MO:DIFICATION ANALYSIS J
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 property on which the expansion is to occur currently has a Future Land Use Map
designation of LD (Low Density Residential, 0-5 du/ac) and is zoned R-1-A (Single
Family Residential).
The property is being rezoned to CF to be consistent with the overall tennis complex.
Pursuant to LDR Section 4.4.21(A), the CF zoning district is deemed compatible with all
land use designations shown on the Future Land Use Map. The purpose statement of
the CF zone district states that CF zoning is a special purpose zone district primarily
intended for facilities which serve public and semi public purposes. Within the CF zone
district, tennis stadiums are permitted as conditional uses [ref. LDR Section
4.4.21(D)(5)]. The proposed CF zoning is consistent with the LD Future Land Use Map
designations of the subject property.
P & Z Staff Report
Tennis Center Expansion - Conditional Use Modification
Page 3
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 proposal is to expand the tennis center by a total of 17,424 sq.ft, for the addition of
two hard tennis courts. As described below, the impact on the level of service
standards should be minimal.
Water and Sewer:
Water and sewer mains exist within the tennis center facility and no main extensions are
necessary. Pursuant to the Comprehensive Plan, treatment capacity is available at the
City's Water Treatment Plant and the South Central County Waste Water Treatment
Plant for the City at build-out.
Drainage:
With the expansion, the existing retention area will not be modified. Along the north and
west sides of the proposed tennis courts, swale areas are proposed. These areas may
need to be modified to ensure that they do not conflict with the required perimeter
landscape buffer. The tennis center complex is located within Wellfield Protection Zones
1, 2 and 3. The expansion area is located in Zones 1 and 2. There are no problems
anticipated complying with South Florida Water Management District criteria. If the
Conditional Use Modification request is approved, a paving and drainage plan must be
provided with the submittal of the site plan modification.
Streets and Traffic:
The two tennis courts are estimated to generate an additional 66 vehicular trips onto the
surrounding roadway network. The tennis center complex is located within the City's
TCEA (Traffic Concurrency Exception Area) designation, which encompasses the CBD,
OSSHAD (Old School Square Historic Arts District) and the West Atlantic Avenue
Business Corridor, which includes the tennis center property. The TCEA exempts the
above described areas from complying with the Palm Beach County Traffic
Performance Standards Ordinance.
Parks and Open Space:
Park and Open Space dedications do not apply to commercial or industrial properties.
Solid Waste:
The addition of two tennis courts is not anticipated to have any adverse impact on this
level of service standard.
P & Z Staff Report
Tennis Center Expansion - Conditional Use Modification
Page 4
Consistency: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall
consistency.
COMPREHENSIVE PLAN:
A review of the Goals, Objectives, and Policies of the Comprehensive Plan was
undertaken and the following applicable Objectives and Policies were identified.
Future Land Use Element Objective A-l: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate in
terms of soil, topographic, and other applicable physical considerations, is
complementary to adjacent uses, and fulfills remaining land use needs.
Open Space and Recreation Element Objective A-2: Park and recreation facilities
shall be adequately and efficiently provided through the implementation of the
following policies:
Open Space and Recreation Element Policy A-2.2: The City, through the Parks
and Recreation Department, shall place its first recreation priority on the
provision of facilities for activities which serve all residents of the community and
which can be achieved through completing the development of existing park
areas, enhancing existing facilities, and adding specialized items such as
playgrounds to existing facilities.
Public Facilities Element Objective D-l: Provisions are to be implemented to
maintain and upgrade existing public facilities to retain the acceptable level of
service for the facility and to maintain the "marketability of the facility and the
City".
Capital Improvement Element Obiective A-l: The city shall direct financial
resources to the task of maintaining and upgrading existing public facilities as
necessary to assure that the entire City achieves the adopted levels of service.
To this end, the City shall allocate sufficient reserves and annual recurring
funding to address critical needs and system deficiencies.
The conditional use modification is being requested to accommodate the expansion of
the tennis center with the addition of two tennis courts. The 5 Year Fiscal Schedule
within the Capital Improvement Element provides funding ($236,000) for the tennis
center in FY 1999-2000. The expansion of the center will enhance the opportunities to
gain additional private users, as well as for the City to host additional sporting and
entertainment events, which is consistent with the policies and objectives expressed
above.
P & Z Staff Report
Tennis Center Expansion - Conditional Use Modification
Page 5
Section 2.4.5(E)(5) (Standards for Conditional Use Actions):
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make findings that establishing the Conditional
Use will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located; and,
B. Nor that it will hinder development or redevelopment of nearby properties.
The subject area is surrounded by the following zoning districts and land uses: to the
north and west are single family residences on properties zoned R-1-A (Single Family
Residential); east is City Hall and south is the Tennis Center/Stadium, which are zoned
CF (Community Facilities). The subject properb/is being rezoned to accommodate the
expansion of the tennis center and to be consistent with the CF zoning designation of
the existing facility. The existing tennis center is screened with a green chain link fence
and mature landscape materials. Adequate screening will be required to buffer the
expansion from the residential properties to the north and west. The buffer is to include
hedges with a tree every 25'. There are no concerns with regard to compatibility with
existing residences.
The tennis center complex is located on the periphery of a residential area. The
addition of two tennis courts should not negatively impact the residential properties to
the north and west. The expansion of the tennis center will enhance the overall facility
and help to attract more events.
Based upon the above, positive findings can be made that the Conditional Use
Modification will not have a significantly detrimental effect upon the stability of the
adjacent neighborhoods, nor will hinder development or redevelopment of nearby
properties.
Compliance with Land Development Requlations:
CF Zone District (Special Regulations):
Pursuant to LDR Section 4.4.21(H)(1), within the CF zoning district, the perimeter
setback area, when provided, shall be a landscaped area within which no paving shall
be allowed except for driveways and walkways leading to structures on the premises.
Such driveways and walkways shall be generally perpendicular to the property line. Per
LDR Section 4.4.21(H)(2), when this zone district is adjacent to residential zoning, the
perimeter landscape area should be increased to a depth of fifteen feet (15'); or, as an
alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic
and buffer purposes.
P & Z Staff Report
Tennis Center Expansion - Conditional Use Modification
Page 6
In addition to the Conditional Use Modification, the site is being rezoned from R-1-A to
CF to accommodate the expansion of the tennis center, thereby making the above
requirements applicable to this project. The existing tennis center facility is screened
with green chain link fence and landscape materials. Means of buffering the residential
properties to the north and west from the additional courts will be reviewed at site plan.
The buffering will require hedges and a tree every 25'.
It is noted that along the east side of'the property, the fence, tennis court and lights
encroach into the NW 2nd Avenue right-of-way. The proposed improvements can be
approved by the City Engineer, pursuant to LDR Section 2.4.6(N). NW 2"d Avenue
dead-ends 100' south of the tennis courts and serves as a service drive for the Tennis
Center and City Hall. Further, the City owns the properties to the east and south. The
City Engineer has no concerns with the proposed improvements within the 2nd Avenue
right-of-way.
Parkinq:
Pursuant to LDR Section 4.6.9(C)(6)(o) (Tennis Clubs), four spaces per court must be
provided. There are currently 19 tennis courts and 91 parking spaces (including 44
grass spaces and 47 paved spaces). The addition of two courts requires 8 additional
spaces, for a total of 84 spaces required. Based upon the above, adequate parking
exists to accommodate the expansion. However, parking requirements will be further
examined at site plan review.
Liqhtinq:
Pursuant to LDR Section 4.6.8(A)(3), lighting intensities are not to exceed 40 candles
for all areas other than display and storage areas. On August 20, 1992, the Board of
Adjustment granted a variance to increase the light intensities for Center court and
Court No.1 to 125 candles and 100 candles for Courts 2-4. The proposal is to increase
rd st
the light intensity for Court 4, at the southeast corner of NW 3 Avenue and NW 1
Street, from 100 to 125 candles for TV broadcasting. This item is scheduled for the
December 2, 1999 Board of Adjustment meeting.
With respect to the two proposed tennis courts, lighting will be provided which will not
exceed 40 candles.
REVIEW BY OTHERS i
CRA (Community Redevelopment Agency):
At its meeting of November 11, 1999, the CRA reviewed and recommended approval of
the request.
P & Z Staff Report
Tennis Center Expansion - Conditional Use Modification
Page 7
SPRAB (Site Plan Review and Appearance Board):
If the rezoning and conditional use requests are approved, a site plan modification will
be processed with action by the Site Plan Review and Appearance Board.
Nei.qhborhood 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:
· West Settlers Historic District
· Delray Merchants Association
· Peach Umbrella Association
· Paradise Heights
Letters of objection or support, if any, will be presented at the P & Z Board meeting.
ASSESSMENT AND CONCLUSliON __J
The development proposal involves the expansion of the tennis center with the addition
of two tennis courts. The new addition will enhance the overall facility and opportunities
for special events. The proposal is consistent with the policies of the Comprehensive
Plan and Chapter of the Land Development Regulations. Positive findings can be made
with respect to Section 2.4.5(E)(Conditional Use Findings). The expansion should not
negatively impact the residential properties to the north and. west nor will it hinder
development or redevelopment of nearby properties. Adequate screening should be
provided to buffer the residences, which will be required to be addressed at site plan. If
the Conditional Use Modification request is approved, site plan modification approval
must be obtained from the Site Plan Review and Appearance Board.
ALTERNA:.TIVE ACTIONS :.
A. Continue with direction.
B. Find that it's nonsignificant and approve the Conditional Use Modification request
based upon positive findings with respect to Section 3.1.1 and Section
2.4.5(E)(5) (Conditional Use Findings) and policies of the Comprehensive Plan
subject to conditions.
P & Z Staff Report
Tennis Center Expansion - Conditional Use Modification
Page 8
C. Find that it's significant and recommend approval of the Conditional Use
Modification request based upon positive findings with respect to Section 3.1.1
and Section 2.4.5(E)(5) (Conditional Use Findings) and policies of the
Comprehensive Plan subject to conditions.
D. Find that it's nonsignificant and recommend denial of the Conditional Use
Modification request based upon a failure to make positive findings.
STAFF RECOMMENDA:TION J
Find that it's significant and recommend approval of the Conditional Use Modification
request based upon positive findings with respect to Section 3.1.1 and Section
2.4.5(E)(5) (Conditional Use Finding) and policies of the Comprehensive Plan subject to
the following conditions:
1. That a site plan modification addressing all applicable Land Development
Regulations be reviewed and approved by the Site Plan Review and Appearance
Board;
2. That hedges with a shade tree every 25' be installed along the north and west
property lines
Attachment:
· Sketch Plan
s:planning and zoning\P&Z\\TennisCtrCUMod.doc
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facsimile
To: Alison MacGregor Harry
Company:
Fax Number: +1 (561) 243-3774
Business Phone:
From: Michelle Hargrett
Fax Number: +1 (561) 333-2997
Business Phone:
Home Phone:
Pages: 2
Date/Time: 12/7/99 4:59:59 PM
Subject: Town Hall Meetings
Sorry for the late notice. Could you please announce this at the meeting tonight?. Thanks!
If you need to contact me, my pager is 888-338-3547.
--Michelle A. Hargrett
Legislative Assistant to
Senator Mandy Dawson
DECEMBER CHAT WITH
STATE SENATOR
MANDY DAWSON
DECEMBER 15th &
DECEMBER 20ttl
Come out & enjoy some light refreshments while learning about what's
going on in your state government. State Senator Mandy Dawson is
hosting two Town Hall Meetings in Pahn Beach Counts.T
(Senate District 30) during the month of December.
Special guests will also give updates on issues including:
The U.S. Census, The Minority ItIV/AIDS Task Force
and The Relative Caregiver Act
Senator Dawson's Meetings will be held as follows:
Southern Palm Beach Northern Palm Beach
County Residents County Residents
Wednesday Monday
December 15, 1999 December 20, 1999
Pompey Park Auditorium Riviera Beach City Hall
1101 NW 2na Street600 W. Blue Heron Blvd
Delray Beach Riviera Beach
561-243-7356 561-845-4000
7:00 PM- 9:00 PM 7:00 PM- 9:00 PM