03-17-98 Regular DELRA¥ BEACk
Ali-America City
MARCH 17, 1998 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. l~l~
COMMISSION CHAMBERS
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with a disability an opportunity to participate in and enjoy the benefits
of a service, program or activity conducted by the City. Contact Dou9
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-A~enda 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 Readin~ Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further, unless permission to continue or
a~ain address the Commission is granted by a majority vote of the
Commission members present.
Regular Commission Meeting
March 17, 1998
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 March 3, 1998
Special Meeting of March 10, 1998
6. Proclamations:
A. Recognizing and commending 1998 Senior Games Medal Winners
B. Recognizing and commending Rose McGovern as the 100th Graduate
of the C.E.R.T. Program and on the occasion of her 95th
Birthday
7. Presentations:
A. Presentation of EMS County Grant Award by the Delray Beach Fire
Department
B. Presentation of the 1997 City Golf Championship Plaques
C. Annual Financial Report by Ernst & Young
8. Consent Agenda: City Manager recommends approval.
A. PALM ACTS, INC./CONSENT: Approve the City's consent to
24-Seven, Inc. acting on behalf of Palm Acts, Inc. in order to
meet all the terms and conditions of the contract between Palm
Acts and the City.
B. RESOLUTION NO. 18-98 (RIGHT-OF-WAY ABANDONMENT FOR EMMANUEL
EVANGELICAL LUTHERAN CHURCH): Adopt a resolution abandoning a
25 foot right-of-way located approximately 105 feet west of the
intersection of S.W. 6th Street and S.W. 17th Avenue and
approximately 117 feet east of 1-95, associated with the
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Regular Commission Meeting
March 17, 1998
establishment of Emmanuel Evangelical Lutheran Church, based on
positive findings.
C. CHILD CARE SERVICES PROVIDER APPLICATION FOR TITLE XX FUNDING:
Approve, and authorize the Mayor to sign, a provider
application to the School District of Palm Beach County for
Title XX funding to support the City's After School Program.
D. AMENDMENT ~002 TO CENTER BASED CHILD CARE AGREEMENT WITH SCHOOL
DISTRICT OF PALM BEACH COUNTY: Approve Amendment %002 to the
Center Based Child Care Agreement with the School District for
the City to provide child care services at Pompey Park, the
Community Center and the Delray Full Service Center.
E. FINANCIAL ASSISTANCE AGREEMENT WITH PALM BEACH COUNTY FOR
MILITARY TRAIL MEDIAN BEAUTIFICATION: Approve a financial
assistance agreement between the City and Palm Beach County
which provides for reimbursement to the City of up to 50% (not
to exceed $10,000) for eligible landscape improvements to the
medians on Military Trail between Linton Boulevard and the C-15
Canal.
F. AUTHORIZATION FOR LETTERS IN SUPPORT OF SUPERFUND REFORM
LEGISLATION: Authorize the Mayor to sign letters urging our
United States Congressional members to enact Superfund reform
legislation this year.
G. SUPPLEMENTAL AGREEMENT WITH ACCURATE LOCATING, INC./LINTON
BOULEVARD UTILITIES: Approve a supplemental agreement with
Accurate Locating, Inc. to perform additional exploratory test
holes to locate underground utilities along Linton Boulevard
between Congress Avenue and Military Trail. The supplement is
in the amount of $2,730.00, bringing the total agreement amount
to $12,315.00, with funding from 441-5111-536-31.90.
H. CHANGE ORDER ~1 AND FINAL PAYMENT/LUCAS MARINE CONSTRUCTION
(ATLANTIC DUNES BOARDWALK REPLACEMENT): Approve Change Order
%1 in the amount of $6,479.20 and final payment in the amount
of $27,204.65 to Lucas Marine Construction, Inc. for completion
of the Atlantic Dunes boardwalk replacement project; with
funding from 334-4170-572-63.48.
I. RESOLUTION NO. 20-98: Adopt a resolution assessing costs for
abatement action required to remove junked vehicles from five
(5) properties throughout the City.
J. RESOLUTION NO. 21-98: Adopt a resolution assessing costs for
abatement action required to remove nuisances on 22 properties
throughout the City.
K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Land Development Boards
for the period March 2nd through March 13, 1998.
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Regular Commission Meeting
March 17, 1998
L. RESCIND BID AWARD AND AWARD TO NEXT LOW BIDDER/SHIP PROGRAM:
Rescind bid award to A.F. Dozer Construction Company in the
amount of $22,291.50 approved February 17, 1998, and the award
to the next low bidder, Henry Haywood, in the amount of
$22,874.25 for the rehabilitation of an owner-occupied housing
unit at 502 S.W. 7th Avenue, with funding from 118-1924-554-
49.19.
M. AWARD OF BIDS AND CONTRACTS:
1. Bid award in the amount of $15,418.00 to Martin Fence
Company, via Broward County Contract, for the purchase and
installation of chain link fencing at Pompey Park, with
funding from 001-4127-572-63.40 (Pompey Park Recreational
Improvements) and 115-4924-572-49.90 (Parks & Recreation
Special Projects).
2. One year contract renewal with Jones Chemical and Acme
Utility Products, via City of Boca Raton Co-op Bid, for
the purchase of liquid chlorine, sodium hypochlorite and
calcium hypochlorite at an estimated annual cost of
$96,403.50; with funding from 441-5122-536-52.21
($93,223.50) and 441-5144-536-52.21 ($3,180.00).
3. Bid awards for replacement of City vehicles from various
vendors under State of Florida contract as specified in
Attachment "B", and Florida Sheriff's Association contract
as specified in Attachment "C". Funding is from City
Garage Account #501-3312-591-64.20. Commission is also
requested to cancel the award of a 12-passenger van from
Ed Morse Chevrolet North approved on March 3, 1998.
9. Regular Agenda:
A. INGRAHAM AVENUE PARKING LOT: Provide direction concerning the
mix of metered spaces, permit only spaces, and Sandoway House/
volunteer spaces to be assigned in the Ingraham Avenue parking
lot.
B. FIRST AMENDMENT TO TEMPORARY USE AND HOLD HARMLESS AGREEMENT
WITH A-1-A BIKE RENTALS: Consider approval of an amendment to
the temporary use and hold harmless agreement with A-1-A Bike
Rentals to permit the pedi-cabs to operate on a portion of A1A
from Miramar Street just south of Atlantic Avenue to the City
parking lot on the north side of the Mariott.
C. REQUEST FOR WAIVER/BANNERS AT THE PUBLIC LIBRARY: Consider a
request from the Delray Beach Public Library to waive Section
4.6.7(C) (5) of the Land Development Regulations to allow the
placement of two banners on the exterior of the Library at 29
S.E. 4th Avenue during the month of April as part of the annual
fund drive.
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Regular Commission Meeting
March 17, 1998
D. WAIVER OF ALARM FEES FOR OLD SCHOOL SQUARE: Consider a request
from Old School Square to waive accumulated false alarm charges
from past years.
E. 1998 USTA PROMOTER AGREEMENT WITH JCD TENNIS, INC.: Consider
approval of a promoter agreement with JCD Tennis, Inc. for
professional services in conjunction with promoting no more
than four USTA tennis tournaments at the Tennis Center during
the 1998 calendar year.
F. DIRECTION ON GREENS AND TEES AT THE LAKEVIEW GOLF COURSE:
Provide direction on the method to be used for rebuilding the
greens and tees at the Lakeview Golf Course.
G. IN LIEU OF PARKING AGREEMENT WITH VANHILLE/CANCELLATION AND
REFUND OF PAYMENT: Consider terminating the in lieu of parking
fee agreement with J. Blaine Vanhille for property at 29 N.E.
1st Avenue and authorize the refund of monies already paid.
H. FUNDING FOR PROJECT GRADUATION/CHALLENGE FROM THE CITY OF
BOYNTON BEACH: Consider a challenge from the City of Boynton
Beach to match their $2,000.00 donation to Atlantic Community
High School for Project Graduation.
I. KEYSTONE CREATIONS/APPEAL OF ORDER MODIFYING SETTLEMENT:
Consider authorizing the filing of an appeal of the Order
modifying the settlement agreement between the City and
Keystone Creations, Inc.
J. PROPOSED SETTLEMENT/McCOOL V. CITY OF DELRAY BEACH: Consider a
proposed settlement of the referenced matter and counter offer
recommended by the City Attorney.
K. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint a regular
member (subcontractor position) to the Code Enforcement Board
to fill an unexpired term ending January 14, 2000. The
appointment will be made by Commissioner Egan.
L. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE
(RESOLUTION NO. 22-98): Appoint four members to the Affordable
Housing Advisory Committee for two year terms ending March 31,
2000, and adopt Resolution No. 22-98. The appointments will be
made by Commissioner Egan (banking/mortgage industry
representative), Commissioner Ellingsworth (real estate
professional), Commissioner Randolph (citizen-at-large), and
Mayor Alperin (citizen-at-large).
M. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint two
regular members to the Nuisance Abatement Board for two year
terms ending March 31, 2000. The appointments will be made by
Commissioner Randolph and Mayor Alperin.
N. POLICE/FIREFIGHTER PENSION LEGISLATION/STATUS REPORT.
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Regular Commission Meeting
March 17, 1998
10. Public Hearings:
A. TRANSFER OF PROPERTY TO HABITAT FOR HUMANITY: Consider
approval of quit claim deeds transferring two parcels of land
to Habitat for Humanity for the purpose of constructing single
family housing. The lots are located at 329 N.W. 5th Avenue
and 214 S.W. 5th Avenue.
B. ORDINANCE NO. 14-98 (SECOND READING/SECOND PUBLIC HEARING): An
ordinance amending Section 4.4.13, "Central Business District",
Subsection 4.4.13(H) (1), of the Land Development Regulations to
restrict the sale of second hand material other than verifiable
antiques on N.E. 2nd Avenue (Pineapple Grove Way).
C. ORDINANCE NO. 13-98: An ordinance amending Section 2.4.6(H),
"Temporary Use Permits", of the Land Development Regulations to
allow permits to be issued for the use of temporary parking
lots within portions of the Central Business District (CBD) and
portions of other non-residential zoning districts located
between Swinton Avenue and 1-95.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings: None
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~
/ /
SUBJECT: ~PPEAL/~. MARY THE VIRGIN ANGLICAN CHURCH
DATE: MARCH 13, 1998
Attached for your information is a letter from St. Mary The
Virgin Anglican Church withdrawing their application for a site
plan modification to construct a private school.
The ~te Plan Review and Appearance Board's approval of the site
plan modification had been appealed by the City Commission and
was scheduled to be considered on March 17, 1998. In view of the
withdrawal, however, the appeal becomes moot.
If you have any questions, please call.
DTH/AMH/m
Attachment
319 HOMEWOOD BLVD., DELRAY BEACH, FLORIDA 33445 (407) 265-1960
The Rev. Richard B. Bass
March 11, 1998
Ms. Diane Dominiguez
Director of Planning and Zoning
City of Delray Beach
100 N W 1st Avenue
Delray Beach, FI 33444
Re: Site Plan File Number 98-052
Dear Ms. Dominiguez:
St. Mary the Virgin Anglican Church hereby withdraws the above Site Plan Modification
for construction of a private school without prejudice.
EWlrs truly,
copy: Digby Bridges
CONTENTS
1. Introduction
2. Existing Situations
3. Current Traffic Changes Underway
4. Future Traffic Impact from School
St. Mary's School Traffic Volume
Impact of School Driveway Traffic on Homewood Blvd.
Comments Re: Driveway Intersection
5. Proposed Roadway Traffic Plan
* Schematic Illustrations
6. Requirements of Roadway Modification Plan
A. South Bound Traffic
B. Left Turn Lane
C. Additional Lane
D. Blind Comer Viewing West Atlantic
7. Illustrations of Traffic Schematic & Proposed Traffic Modifications
Homewood Blvd. Traffic Intersection with St. Mary's Church/School Driveway
Report & Proposed Modification Plan
1. INTRODUCTION
This report is not intended as a standalone study and plan, but only as a response
to the proposed Site Plan Modification for St. Mary's Church/School.
This study utilizes the materials and figures already presented and information
obtained from staff presentations on other projects relating to their impact on the
intersection of Homewood Blvd. and Atlantic Avenue. Specific traffic counts
have been determined for certain points cited.
2. EXISTING SITUATION
Homewood Blvd.
Homewood Blvd. Is a 2-lane roadway just outside the project area, l-lane north,
l-lane south. It continues as one lane north beyond the church/school driveway
for all thru traffic, left turn Atlantic and fight tum Atlantic, including all school
traffic exiting Atlantic Avenue, This driveway is less than 300 ft. From the
intersection with Atlantic, and, at approximately halfway, a center lane becomes a
left mm lane to Atlantic west.
Homewood Blvd. has I-lane for all south bound traffic from Atlantic Avenue,
including all left turn traffic for the church/school driveway. A short left turn
section of a center lane near the driveway provides 3 car lengths for traffic waiting
to access the church/school driveway. This driveway has served to accommodate
church congregation on Sundays. No traffic has been experienced on week days at
peak traffic.
3. CURRENT TRAFFIC CHANGES UNDERWAY
· Atlantic H0mewo0d Intersection Traffic Situation
Conditions relating to a residential development under construction now on
Atlantic east of the intersection will "generate approximately 2,037 U-tums at this
intersection on a daily basis. In the A.M. peak they project a total of 109 U-turns
per hour." "High Point project now contributes 5,509 daily trips to this
intersection." "The proposed U-tum movements .... will negatively affect the
operation of this intersection. Any development approvals will exacerbate the
operational levels of this intersection."
These negative impact comments from SPRAB staff reports would show that to
accommodate the additional U-turns the traffic signal cycles must be extended,
therefore, the back up period for cars awaiting access to Atlantic from Homewood
and High Point Drive would increase the number of cars extending down the
Homewood northbound single lane.
· Homewood Blvd. Additional Traffic Volume
A. Traffic Growth Rate
While existing reports do not show traffic growth for Homewood Blvd. (Only
major through-a-fares need to be addressed) traffic growth can be assumed to be
similar to the Barwick Road projected growth rates of 3.67% per year. Therefore,
we could expect traffic on Homewood in the next 5 years to grow almost 20%.
For purposes of this study 15% can be conveniently assumed.
B. Future Traffic Volume from Atlantic Avenue. Developments
Two residential developments within 1,500 ft. of the intersection of Homewood
with Atlantic Avenue will have more than 500 full and medium size units under
construction. No traffic from these units has entered into any traffic counts at this
time. A certain amount of the 750/1000 cars accessing the roadway network can
be assumed to enter Homewood Blvd.
4. FUTURE TRAFFIC IMPACT FROM SCHOOL
St Mary's School Traffic Volume
The traffic study used by the architect for thc church/school has estimated that this
180-student private elementary school will generate 608 daily trips. For purposes
of this study we will assume that 150 cars witl enter and exit this location onto
Homewood twice each day.
Since no determination has been made as to the location from which Students and
staff will originate for this school, traffic flow in this area would suggest that
approximately two thirds (2/3) would arrive on Atlantic Avenue and the others
(1/3) from the south on Homewood Blvd. This would suggest that about 100 cars
would mm into Homewood fi.om Atlantic and 50 cars would mm into the private
driveway from the north bound lane of Homewood Blvd. About 90 could be
assumed to return to Atlantic after exiting school drop-off in the morning and 40
mm south on Homewood.
Impact Of School Driveway Traffic On Homewood Blvd.
There will be 150 cars entering and 125 cars existing the school driveway,
for school drop off, in a period of 30 to 45 minutes during the morning
peak traffic hour of 8:00 A.M. to 8:30 A.M.
Southbound lane of Homewood will have more than 100 cars making a
left mm across Homewood northbound traffic to access the single lane
school driveway, while 40 cars exiting this school will be attempting to
cross their path as well as the lane of northbound thru traffic on
Homewood at the same time, and then attempting tO enter the southbound
thru traffic on Homewood.
Northbound traffic on Homewood Blvd. is a single lane and thru traffic to
Atlantic Avenue would be stopped to allow right tums into the single lane
private driveway which must in turn integrate with the left tums from the
Atlantic Avenue school traffic coming from Homewood south bound.
Then further stopping is necessary to allow exiting school traffic to cross
this north bound single lane to turn left into the Homewood south traffic as
well as allowing the existing.90 c..ar traffic to access the single lane
Homewood north lan..e to reach the Atlantic Avenue intersection.
Comments Re: Driveway Intersection
· An increased Safety. Hazard condition for this State Principal Arterial
Highway of Atlantic Avenue, which already has an accident prone
history, can be caused for this intersection with Homewood Blvd. by a
traffic backup on Homewood preventing right turning Atlantic traffic,
thereby, blocking one lane of Atlantic resulting in lane changes into high
speed traffic.
A blocked southbound lane of Homewood Blvd., at school drop off time,
can also produce a Safe .ty Hazard by preventing the access of Emergency
Vehicles to the Homewood Blvd. residential area. A traffic block could
hinder life saving efforts.
On Homewood Blvd. this intersection with the church/school driveway
will create another Safety Hazard because of the heaving converging and
interchanging traffic. Especially because these cars will be involved in a
school drop off dead line, multiple traffic decisions for the driver and
having children as passengers.
· In some cases a traffic stoppage could trigger an illegal and improper
attempt, by an impatient driver, to discharge a child passenger to the
sidewalk on Homewood Blvd. Northbound lane.
Synchronization of this real traffic convergence is too close for this type of
situation involving time constraints, children, left tums, crossing tums,
right tums and merging traffic, where a traffic jam or accident could occur
when two motorist are out of synchronization.
The presentation by the architect for the church does not address these
issues but attempts to justify this situation by using a general conformity
with "County Traffic Performance Standards." The tests (#1 & #2) are
based on daily traffic and in test #2 "only directly accessed link on the first
accessed major thoroughfare needs to be addressed.
Given the constraints of space and proximity to the Atlantic Avenue
intersection not many alternatives are available. However, a modification
to the roadway can be proposed to help reduce the hazards of this
situations and provide some relief of the congestions at peak traffic school
drop off hours.
5. PROPOSED ROADWAY TRAFFIC PLAN
Schematic Illustrations (See attached)
6. REQUIREMENTS OF A ROADWAY MODIFICATION PLAN
A. Southbound traffic on Homewood Blvd. should have a THRU LANE to
prevent a traffic backup onto Atlantic Avenue and to provide access to
Homewood Blvd south at any time for Emergency Vehicles to reach the
Homewood Blvd residential areas.
B. A LEFT TURN LANE into the church/school driveway should
accommodate the maximum number of cars during the morning peak
traffic when approximately 100 cars from Atlantic Avenue will be entering
the school driveway for drop off between 8:00 A.M. and 8:30 A.M.
Sufficient time needs to be allowed for inter-traffic crossing to enter and
exit driveway.
C. An ADDITIONAL LANE should be added to Homewood Bird roadway
from a point at the beginning of the curve to Atlantic Avenue intersection
to provide 2 lanes of northbound traffic. The first part of this new lane
would provide for fight tums into the church/school driveway. Beyond this
driveway north, the two lanes would provide for thru traffic and the
approximately 90 cars exiting the school making a fight mm north to
Atlantic where traffic will be divided into the westbound Atlantic left turn,
thru traffic to High Point Drive and eastbound fight mm into Atlantic.
D. Blind comer viewing of West Atlantic Avenue: The additional eastern
position of the proposed right turn lane on Homewood Blvd will also
provide a better position from which to view oncoming traffic from
Atlantic Avenue, west, approximately twice the distance can be viewed
from a similar advance position on Homewood Blvd right turn lane.
7. ILLUSTRATIONS OF TRAFFIC SCHEMATIC & PROPOSED TRAFFIC
MODIFICATIONS
Schematic Illustrations (see attached)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'1
SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF MARCH 3, 1998
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION
RE: ST. MARY'S THE VIRGIN ANGLICAN CHURCH SCHOOL
DATE: FEBRUARY 27, 1998
Attached is a letter from the Woodlake Homeowners Association
requesting that the appeal concerning SPRAB's approval of the site
plan modification for the school at St. Mary's Church be postponed
until the March 17th regular meeting. Also attached is a letter
from the Church's agent indicating there is no objection to the
postponement.
I recommend that the appeal of the Site Plan Review and Appearance
Board's action to approve a Class IV site plan modification for
St. Mary's The Virgin Anglican Church School be postponed to the
March 17, 1998 regular meeting.
ref:agmemo20
DIANE DOMINGUEZ, DIRECTOR
THRU: DE PA RTM E NT OF P LAN NIN G,,~/~D ~2)~ N~~__...:._.~ "~
JEFFREY A. COSTELLO~~
SUBJECT: MEETING OF MARCH 3, 1998
APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE
BOARD'S APPROVAL OF A CLASS IV SITE PLAN
MODIFICATION FOR ST. MARY'S THE VIRGIN ANGLICAN
CHURCH SCHOOL.
At its meeting of February 4, 1998 the Site Plan Review and Appearance Board
approved the site plan modification to establish the school. The action was appealed
by the City Commission on February 17, 1998. The focus of the appeal relates to traffic
along Homewood Boulevard. On February 24, 1998, a letter requesting postponement
of the appeal hearing was requested by the Woodlake Homeowner's Association (copy
attached), in order to allow time to conduct a traffic analysis. On February 26, 1998,
the Church's agent submitted a letter stating that the church had no objection to
postponing the item to the March 17th Commission meeting (copy attached).
HOMEOWNERS ASSOCIATION, INC.
385 S.W. 27TH TERRACE
DELRAY BEACH, FLORIDA 33445
561-243-3763 · FAX 561-243-:~951
February 24, 1998
David Harden, City Manager
The City of Delray Beach
100 NW 1 st Avenue
Delray Beach FL 33444
Re: Saint Mary's the Virgin Anglican Church Elementary School Application Appeal
SE Comer of Homewood Blvd. & Atlantic Avenue
Dear Mr. Harden:
Woodlake Homeowners Association respectfully requests a continuance for the above
captioned appeal item that is currently scheduled for hearing on March 3, 1998.
The reason for this request is due to the shortness of time we would be given to properly
prepare the factual information. We feel that the information we are gathering will enable the
commission to come to an equitable conclusion. However, we need your indolence for additional
time and are proceeding as rapidly as is humanly possible.
We look forward to your response.
Sincerely,
William H. Decker
Woodlake Board of Directors
~'eb-26-98 04:36P digby 'bridges marsh 561 278 7841 P.02
DIGB¥'
MARSH & ASSOCIATES, P.A.
CHA.~TFRFD ARCHITECTS - ~^N~:RS · IN;E~IOR'
26 February 1998
Mr. JeffCostelio
Ciw of Del'ay Beach
100 NW Ist Ave.
Delray Bench, FL 33444
RE: St. Mnry's The Viegin Anglican Church
Deay Jeff,
Ttxis is to confirm that St. M~xy's Church has no objection to postponing lhe site pln~ approval
appeal hearing to the City Commission meeting of March 17, 1998.
Kind regnnts,
Yours $inzerely,
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
Dig~ Bridges, .~IA,RIBA,NCARB
DB/tlr
124 N.E. Fifth Avenue, Delr~y Beach, Flortsh 33485
4071275.15gg P~lm ~: 75~5866 Fax: 407127g-Tg~l
WHEREAS, the City of Delray Beach Parks and
Recreation Department actively pursues ways of improving the
health and lifestyles of Florida seniors 55 years of age and
over; and
WHEREAS, the Parks and Recreation Department
started 'Senior Games' in 1989 for seniors to participate in
the fun of competition; and
WHEREAS, there are 14 athletic events, to wit,
golf, tennis, track and field, swimming, health walk,
basketball skills, basketball 3 on 3, bowling, bridge, lawn
bowling, paddleball, shuffleboard, badminton, and table tennis;
and
WHEREAS, there were 305 participating athletes in
the 1998 'Senior Games', 6 of whom won 3 or more medals, as
follows:
Dr. Syd Sude 10 Gold Medals (5 in track and
field, 4 in swimming and 1 in basketball skills)
Ann McGuire - 6 Gold Medals (5 in swimming and 1 in
golf)
Herbert Furash - 5 Medals (3 gold and 2 silver, all
in swimming)
Stanley Corwin - 4 Medals (3 gold and I silver, all
in track and field)
John Crutcher - 3 Gold Medals (2 in badminton and 1
in health walk)
Elaine Kaplan 3 Gold Medals (1 in tennis, 1 in
health walk and 1 in table tennis).
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim that Dr. Syd Sude, Ann McGuire, Herbert Furash,
Stanley Corwin, John Crutcher and Elaine Kaplan are to be
commended for their many triumphs in this competition, and for
their spirit and enthusiasm.
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 17th day of March, 1998.
MAYOR
JAY ALPERIN
SEAL
Agenda Item No.: ~
AGENDA REQUEST
Date: February 27~ 1998
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: March 17, 1998
Description of agenda item (who, what, where, how much): Request issuinK
a Proclamation sinned by the Mayor honoring multipl~ medal winners in the 1998
Senior Games.
ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Recommendation: Issue Proclamation si§ned by Mayor.
Determination of Consistency wi~ Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
WHEREAS, the City of Delray Beach Parks and Recreation Department actively
pursues ways of improving the health and lifestyles of Florida seniors 55
years of age and over; and
WHEREAS, the Parks and Recreation Department started Senior Games in 1989
for seniors to participate in the fun of competition; and
WHEREAS, there are 14 athletic events, to wit, golf, tennis, track and
field, swimming, health walk, basketball skills, basketball 3 on 3,
bowling, bridge, lawn bowling, paddleball, shuffleboard, badminton, and
table tennis; and
WHEREAS, there were 305 contestants in the 1998 Senior Games, 6 of whom
won 3 or more medals, to wit as follows:
Dr. Syd Sude - 10 gold medals (5 in track and field, 4 in swimming and 1
in basketball skills);
Ann McGuire - 6 gold medals (5 in swimming and 1 in golf);
Herbert Furash - 5 medals (3 gold and 2 silver, all in swimming);
Stanley Corwin - 4 medals (3 gold and 1 silver, all in track and field);
John Crutcher - 3 gold medals (2 in badminton and 1 in health walk); and
Elaine Kaplan - 3 gold medals (1 in tennis, 1 in health walk and 1 in
table tennis),
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, do
hereby proclaim that Dr. Syd Sude, Ann McGuire, Herbert Furash, Stanley
Corwin, John Crutcher and Elaine Kaplan are to be commended for their many
triumphs in this competition, and for their spirit and enthusiasm.
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 17th day of
March, 1998.
MAYOR
JAY ALPERIN
DELRAY BEACH
P ;ks 6' Recre&t:¢bn
1998 SENIOR GAMES
MULTIPLE AWARD WINNERS
NAME EVENT GOLD/SILVER/BRONZE
10 Medals
Dr. Syd Sude Track & Field - Discus Gold
Track & Field - High Jump Gold
Track & Field - Long Jump Gold
Track & Field - Javelin Gold
Track & Field - Shotput Gold
Basketball Skills Gold
Swimming - 50 Backstroke Gold
Swimming - 50 Freestyle Gold
Swimming - 100 Backstroke Gold
Swimming - 100 Freestyle Gold
6 Medals
Ann McGuire Golf Gold
Swimming - 50 Breaststroke Gold
Swimming - 50 Butterfly Gold
Swimming - 100 Breaststroke Gold
Swimming - 100 Butterfly Gold
Swimming - 200 Individual Medley Gold
5 Medals
Herbert Furash Swimming - 50 Breaststroke Gold
Swimming - 50 Backstroke Silver
Swimming - 100 Breaststroke Gold
Swimming - 100 Freestyle Gold
Swimming - 200 Individual Medley Silver
s:parks&~l\com~nctr\rrrfiles\proclam.doc2/27/98
50 Northwest 1 st Avenue · Delray Beach, Florida 33444
(561) 243- 7250 * Fax: (5.61) 243-7268
DELRAY BEACH
Pa;ks O Recreafibn
1998 SENIOR GAMES
MULTIPLE AWARD WINNERS
NAME EVENT GOLD/SILVER/BRONZE
4 Medals
Stanley Corwin Track & Field - Long Jump Gold
Track & Field - 100 yd dash Silver
Track & Field - 200 yd dash Gold
Track & Field - 400 yd dash Gold
3 Medals
John Crutcher Badminton - Singles Gold
Badminton - Doubles Gold
Health Walk Gold
3 Medals
Elaine Kaplan Health Walk Gold
Table Tennis Gold
Tennis - Mixed Doubles Gold
s:parks&- I \corem ctr\rrrfiles\proclam.doc2/27/98
50 Northwest 1 st Avenue · Delray Beach, Florida 33444
(561) 243- 7250 · Fax- (561) 243-7268
WHEREAS, the Community Emergency Response Team
(C.E.R.T. Program is designed to provide trained members of
the community to assist other members of the community in the
event of a disaster; and
WHEREAS, the program includes training in emergency
preparedness, hazard recognition and fire extinguisher use,
disaster medical procedures, light search and rescue, disaster
psychology, team organization and operations; and
WHEREAS, community volunteers are trained to assist
the professional rescue services and to act independently until
those services can arrive to render assistance; and
WHEREAS, Rose McGovern is the 100th graduate of the
Delray Beach C.E.R.T. program; and
WHEREAS, Rose was a very active participant
throughout all of the training program. She volunteered to be
a simulated victim for the first aid training and was one of
the first to volunteer as a member of a search and rescue team
during a simulated exercise; and
WHEREAS, on February 4, 1998, while attending the
training program, Rose McGovern celebrated her 95~h birthday!
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby recognize and commend
ROSE McGOVERN
for her exemplary example of volunteerism and for her
willingness to become involved with a program designed to
provide assistance to fellow community members. Further, we
extend congratulations and best wishes on the occasion of her
95th birthday, recognizing her as a fine example of the true
spirit of the Delray Beach community.
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 17th day of March, 1998.
MAYOR
JAY ALPERIN
SEAL
FRO~.I : PHOIIE I10. : 56i ?9'£ 407~ 14ar. i2 199F~: E~E::S~AI,1 F'2
Mrs. Gar/to, March 12, 1998
We would like to have a Proclamation made to present at the next City Council meeting:
March 17, 1998/bt Rose MeGovem. Rose is our ~ t~aduate of our C.E.R.T.
(Community Emergency Response Team) program. Rose also turned 95 years old on
February 4, 1998 while attending out training program.
BRl~F OUTLINE OF TI~E C.E.ILT P,ROGRAM
The Community Emergency Response Team program is designed to provide trained
members of the community to assist other members of the community is the time ora
disaster. These commum~.y me~nbers are trained over a two month period to assist the
professional rescue services and to act independently until those services can arrive to
render assistance. Members of this CERT progrmn are trained in the following areas:
1, Emergency Preparedness
2. Hazard recognition and Fire Extinguisher use
3. Disaster Medical procedures
4. Light Search and Rescue
5. Disaster Psychology
6_ Team Organization and Operations
If you can add somewhere in the Proclamation that Rose was a VERY active participant
throughom all of the traimng program and in fact volunteered to be a simulated victim
for First Aid training and was one office first to volunteer as a member ora Search and
Rescue team during a simulated exercise. Rose was a joy to have in the class and is a
great example of the sprite of the communi .ry. Delray Beach has a lot to be thankful for
and Rose McGovem is pan of good things that we know to be Delray Beach.
?ROi;1 PHOtlE riO. ; 56i 79? 407~ Hat. 12 i99P~ ~_P,;5_~AH Pi
Number of pages including cover sheet ~"
TO: Barabra Garito FROM: Doug Trawick
City Clerks Office 13256 N 41 Lane
Deirey Beach, Fl. 33444 Royal Palm Beach, FI,,
33411
Phone
Fax Phone Phone 793-2488
Fax Phone 792-4070
Icc:
REMARKS: [] Urgent [] For your review [~ Reply ASAP [] Pleaee Comment
FR, OI'I : . PHOIIE I10. : 561 792 4070 Hat. 12 I'BgE: lO:l'_q.~l.1 F'2
The EMS County Grant Award of $56,000.00 was a competitive Grant awarded
by Palm Beach County for the enhancement and expansion of EMS. We were successful
m obtaining this Grant tb.r 1997. The Grant was written for the purchase of 6 NEW
LifePak 11 devices. These LifePak 11 's were added to our EMS inventory to provide a
better diagnostic review of Cardiac patients. These new Cardiac devices provide us with
enhanced cardiac monitoring, cardiac pacing, electromc defibrillation and 12 lead
interpretation with diagnostic capabilities. This new technology will aid our paramedic
in treating those citizens, residents and visitors with accurate cardiac pre hospital
treatment. These new devices also aid us in assisting the receiving hospital w/th accurate
information on any impending heart at~ach so that they can initiate the use of the new
"clot buster" Wive of drug therapy.
We feel that this addition to our arsenal of pre hospital eqmpment will directly
help in saving lives.
F'F;'nl,1 :.. .- PHnIIF lin. : ~F, 1 ,'?q-":, .J. pl,?FI i',1~-. 1? lqq~ 1~: lC1~i'.1 P1
I. Nuenber of ~.~a.a.~ in~,~rlit~n myer .~.h~t ~*
TO: Barabra Garfto FROM: Doug Trawick
City Clerks Office 13256 IV. 41 Lane
Delray Beach, Pl. 33444 Royal Palm Beach, FI.,
33411
Phone
Fax Phone Phone 793-2488
Fax Phone 792-4070
ICC:
REMARKS: [] Urgent [] For your review [] Reply ASAP [] Please Comment
DELRAY BEACH GOLF CLUB
DONALD ROSS · 1923
February 9, 1998
MEMO TO: DAVE HARDEN, CITY MANAGER /~/ j
FROM: SANDRA ERIKSSON, LPGA, DIRECTOR OF GOLF
RE: PRESENTATION OF 1997 CITY GOLF CHAMPIONSHIP
PLAQUES/CITY COMMISSION MEETING, TUESDAY,
MARCH 17, 1998.
IN ORDER TO HAVE MAYOR ALPERIN PRESENT THE FLIGHT WINNERS
WITH THEIR PLAQUES, WE ARE REQUESTING TUESDAY, MARCH 17, 1998
AS THE DATE ON WHICH TO HOLD THIS EVENT. AS USUAL, IF WE MIGHT
BE EARLY ON THE COMMISSION AGENDA, WE WOULD APPRECIATE ITl
PLEASE ADVISE ME AS TO YOUR CONFIRMATION AND/OR ANOTHER DATE
THAT IS MORE APPROPRIATE SO WE MIGHT COORDINATE WITH THE RE-
CIPIENTS.
THANK YOU.
RF. CEIVED~
CITY Cl ERK I
2200 Highland Avenue~Delray Beach, FL 33445-8701 561.243-7380 Fax: 561.243-7380
A Dubin/k Associates Managed Property
http:\ \www.affordableEolf. com
8_::,,'"12/1'398 t3L~:19 561_4:,t:,86 I,ELRA',' BEACH GOLF 'gL F'A,_%E El2
£1T¥ JIF I]ELR#¥ BEflgH
DELR^Y BE^CH
Writer's Direct Line: 561/243-7091
All.lmrica ¢i~
1993 DATE: March 13, 1998
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Palm Acts. Inc, - Cons¢l~t
The City's contract with Palm Acts prohibits the assignment or transfer in any manner of
any rights or privileges under the contract. It has come to the City's attention that 24-
Seven, Inc. is a shareholder in Palm Acts, Inc.
The issue before the City is to decide whether to approve the following consent:
The City consents to 24-Seven, Inc. acting on behalf of Palm Acts in
order to meet all the terms and conditions of the contract between Palm
Acts and the City.
By copy of this memorandum to David Harden, our office requests that the matter of the
consent referred to herein be placed on the City Commission March 17, 1998 agenda for
consideration.
SAR:sink
cc: David T. Harden, City Manager
Brahm Dubin
Drew Levitt
palml .sar
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE OOMIN'GUEZ, DII;~J~C.~R
DEPARTMENT OF PLANN.,ING AND ZONING
FROM: CLAIRE LY'rEc-/GRAHAM, PLANNER
SUBJECT: MEETING OF MARCH 17, 1998 **CONSENT AGENDA**
ABANDONMENT OF A 25' RIGHT-OF-WAY
The item before the City Commission is approval of the proposed abandonment of an
unimproved 25' right-of-way located approximately 105' west of the intersection of S.W.
6th Street and S.W. 17th Avenue, and approximately 117' east of 1-95. The
abandonment is associated the establishment of the Emmanuel Lutheran Church.
The right-of-way to be abandoned extends north/south for approximately 649', and
east/west for approximately 70' (approximately 17,975 sq. ft. or .41 acre in area). The
applicant is requesting the abandonment of this right-of-way in order to incorporate the
area into the vacant parcel to the west (previously excess 1-95 right-of-way) to
accommodate a proposed church.
The Planning and Zoning Board considered this request at its meeting of April 28, 1997,
and unanimously recommended approval on a 6-0 vote (Young abstaining), with conditions
that replacement easements be provided to cover existing and future FPL and Florida
Public Utilities facilities prior to scheduling the abandonment for City Commission.
Replacement easements were recently submitted.
El By motion, approve the abandonment of the right-of-way through the enactment of
Resolution #18-98.
Attachment:
· Planning and Zoning Staff Report
RESOLUTION NO. 18-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN
UNIMPROVED TWENTY-FIVE FOOT WIDE RIGHT-OF-WAY
LOCATED NORTH OF S.W. 6TH STREET, BETWEEN S.W. 15TH
TERRACE AND INTERSTATE-95, AS MORE PARTICULARLY
DESCRIBED HEREIN, AND ASSOCIATED WITH THE
ESTABLISHMENT OF EMMANUAL EVANGELICAL LUTHERAN
CHURCH.
WHEREAS, an application for abandonment of an unimproved
twenty-five foot (25') wide right-of-way located north of S.W. 6th
Street, between S.W. 15th Terrace and Interstate-95, as more
particularly described herein, was received by the City of Delray
Beach in association with the establishment of Emmanuel Evangelical
Lutheran Church; and
WHEREAS, the application for abandonment of a portion of
said 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(0) (3)(d), the
Planning and Zoning Board, as Local Planning Agency, formally reviewed
this matter at a public hearing on April 28, 1997, and voted 6 to 0
to recommend approval of the abandonment, based upon positive
findings pursuant to LDR Section 2 4 6(0)(5); and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that its interest in the described property is no
longer needed for the public good and deems it to be in the best
interest of the City of Delray Beach to vacate and abandon said alley
right-of-way, based upon positive findings pursuant to LDR Section
2.4.6 (0) (5) .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter
166 of the Florida Statutes, it is hereby determined to vacate and
abandon all right and interest it holds to the following real
property:
A 25 foot road easement over the North 25.00 feet
and the East 25.00 feet of Tract 1, MODEL LAND
COMPANY'S Subdivision of the Southeast Quarter and
East Half of the Northeast Quarter of Section 19,
Township 46 South, Range 43 East, a subdivision as I
recorded in Plat Book 6, Page 53, in the Public
Records of Palm Beach County, Florida, lying East
of Interstate-95 right-of-way.
Containing 0.41 acre, more or less.
PASSED AND ~OPTED in regular session on this the 17th day
of March, 1998.
ATTEST:
~ty Cl~k ....
ii - 2 - Res. No. 18-98
s.w, 3RD ST.
SOUTH COUNTY
ADMINISTRATIVE s.w. 5RD DELRA Y
COMPLEX FULL SERVICE
CENTER
.W. 4TH ST.
1,1 S,W. 4TH
SAFEWAY 6TH
SELF
STORAGE
STRONG
I
-- j~J AUBURN CIR.
CENTER AUBURN
TERR.
I-- 7TH
~ CARVER ESTATES
~ ~' s.w. 7TH CT.
DELRA Y .
COLD
STORAGE ~j ST.
DELRA Y
COMMERCIAL
CENTER
LOWSON BLVD. S.W. lOTH STREET
EMMANUEL EVANGELICAL LUTHERAN CHURCH
CiTY OF DELRAY BEACH. FL
-- DI~ITA~ /~45.r ~ ~'EM -- MAP REF: LU14B
PLANNING AND ZONING BOARD
CITY OF DEEP, AY BEACH ---STAFF REPORT---
MEETING DATE: April 28, 1997
AGENDA ITEM: IV.B.
ITEM: Abandonment of roadway for Emmanuel Evangelical Lutheran
Church, located at the northwest corner of S.W. 17th Avenue and
S.W. 6th Street.
GENERAL DATA:
Owner ............................. Leonard Surles, Sr. & Leon --
Surles
Applicant ......................... Emmanuel Evangelical
Lutheran Church of Delray
Beach, FL
Agent .............................. Albert L. "Bob" Milelr
Location .......................... Northwest corner of S.W. 17th
Avenue and S.W. 6th Street
Property Size .................. 1.65 acres (0.419 acre
easement)
Future Land Use Map ..... Low Density Residential
Current Zoning ................ R-1-A (Single Family
Residential)
Adjacent Zoning .... North: OS (Open Space)
East: R-I-A
South: OS
West: Interstate 1-95
Existing Land Use ........... Vacant
Proposed Land Use ........ Abandonment of roadway to
accommodate the construction
of a church.
Water Service ................. n/a
Sewer Service ................. n/a
The item before the Board is that of a recommendation to the City Commission for the
proposed abandonment of a 25' right-of-way located approximately 105' west of the
intersection of S.W. 6th Street and S.W. 17th Avenue, and approximately 117' east of 1-95.
The abandonment is associated the establishment of the Emmanuel Lutheran Church.
This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0),
Abandonment of Rights-of-Way.
The subject right-of-way was created with the Model Land Company's Subdivision in May,
1916 and has not been improved.
The right-of-way to be abandoned extends north/south for approximately 649', and east/west
for approximately 70' (approximately 17,975 sq. ft. or .41 acre in area). The applicant is
requesting the abandonment of this right-of-way in order to incorporate the area into the
vacant parcel to the west,previously excess 1-95 right-of-way-to accommodate a proposed
church. A Conditional Use request is being processed with the abandonment to allow a
church in the R-1-A zone district.
Pursuant to LDR Section 2.4.6(O)(1), public property dedicated through subdivision shall be
divided at the center line and returned equally to abutting parcels when abandoned. As the
25' right-of-way was established with the creation of the Model Land Company Subdivision,
the entire 25' will revert to the property owner of the vacant parcel to the west.
The Environmental Services Department has reviewed the abandonment request and has no
objection as the City has no water or sewer mains in this roadway, and there are no plans for
its improvement. An overhead utility line exists in a 6' utility easement on the east side of the
subject roadway. BellSouth has indicated that they have service located on this line,
however, they have no objection to the abandonment. Florida Power and Light has
crossarms on these poles that overhang into the abandonment area. A 10' utility easement
centered over existing FPL facilities is required in order for FPL to approve the
abandonment. Florida Public Utilities Company has indicated they have existing gas
facilities within the abandonment area and a separate easement must be granted in order to
approve the request. The provision of adequate easement documents to cover the FPL and
Florida Public Utilities facilities prior to scheduling this abandonment before City Commission
is attached as a condition of approval.
Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved,
the following findings must be made:
Planning and Zoning Board Staff Report
Abandonment of a 25' Right-of-Way (Emmanuel Lutheran Church)
Page 2
A) That there is not, nor will there be a need for the use of the right-of-way for any
public purpose.
As the additional right-of-way is unimproved and there are no plans to improve this 25'
roadway, there is no need, nor will there be a need for the use of the right-of-way for any
public purpose.
B) That the abandonment does not, nor will not, prevent access to a lot of record.
The right-of-way in question is unimproved and located adjacent to single family homes to
the east that take access from S.W. 15th Terrace and S.W. 17th Avenue. The future church
will take access from S.W. 6th Street. Abandonment of the subject right-of-way will not
prevent access to any lots of record.
C) That the abandonment will not result in detriment for the provision of access
and/or of utility services to adjacent properties or the general area.
No access is taken from the subject right-of-way. Easements to cover existing FPL and
Florida Public Utilities are required in order for FPL and Florida Public Utilities to agree to the
abandonment. With the required easements in place, no detriment will result in the provision
of the above services.
As the subject right-of-way is unimproved and there are no plans to improve it for public
access, its intended use is limited. By abandoning the area to private interests, the property
will be improved upon and properly maintained. In order to abandon the additional right-of-
way an easement must be provided to accommodate the existing FPL and Florida Public
Utilities services. A revised survey showing the FPL and Florida Public Utilities easements
and easement documentation must be provided prior to City Commission action on the
abandonment.
1. Continue with direction.
2. Recommend approval of the abandonment based on positive findings with respect to
LDR Section 2.4.6(0)(5), subject to conditions.
3. Recommend denial of.the abandonment based upon a failure to make positive findings
with respect to LDR Section 2.4.6(0)(5).
Planning and Zoning Board Staff Report
Abandonment of a 25' Right-of-Way (Emmanuel Lutheran Church)
Page 3
By motion, recommend approval of the abandonment the 25' right-of-way east of 1-95 based
on positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following
conditions:
1. That a 10' utility easement centered over existing FPL facilities be provided to cover
existing and future FPL facilities prior to scheduling the abandonment for City
Commission.
2. That a separate easement be granted to Florida Public Utilities Company to cover
existing and future Florida Public Utilities facilities prior to scheduling the abandonment
for City Commission. ,,
3. That the Conditional Use request to establish a church in the R-1-A zone distdct be
approved by the City Commission.
Attachment:
{3 Location Map & Reduced Survey
£1TY JIF I]ELRRY BEII£H ,,,
DELRAY BEACH ........................ :: :~ ' '-:: :
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity
1993
TO: Jay Alperin
Mayor
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Attached Application for Title XX Funding
DATE: February 26, 1998
Attached please find a provider application to the School District of Palm Beach County
for funding for our After School Program under Title XX. Title XX is the School District
program for child care that subsidizes child care for children that cannot afford such
services. I would appreciate your signing in the 3 places indicated as you did last year.
We are required to submit this application annually.
~eldon
Di~0ctor of Parks and Recreation
Attachment
cc: (without attachment)
David Harden, City Manager
Joe Dragon, Assistant Director of Parks and Recreation
Rodger Ribeiro, Recreation Superintendent
JW:cp ~.~_.,.
Ref:titlexx
~ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
SCHOOL DISTRICT OF PALM BEACH COUNTY
DEPARTMENT OF CURRICULUM AND INSTRUCTION
CHILD CARE SERVICES
PROVIDER APPLICATION
Section I. Provider Information
A. Full Legal Name City of Delray Beach Parks and Recreation Department
Address 50 NW 1st Avenue, Delray Beach, Florida. 33444
FederalI.D..Number: 59-6000308 Telephone: (561) 243-7250
Name of Authorized Representative: (person responsible for
compliance with contractual requirements)
R°dger R. Ribeiro - Recreation Superintendent
B. Legal Status:
Check one of the following
X Governmental Agency
"~ -~ Proprietary
Non--~rofit'
--If-non-profit, attach proof of your tax status and a list
- Of Board Members with titles.
Check'
one of the following
Unincorporated ~
Incorporated
If incorporated, attach a copy of your Certificate
of Status (see sample page 13) and a copy of your
Articles of Incorporation. Also complete the following:
Full Legal Name
of Corporation:
Doing Business As
(DBA):
Date of Incorporation: State:
Corporation Address:
C. Signature of President/Chairman/Owner:
D. Do you pay city taxes? Yes No X
If yes., what city(ies).
E. Check the pr'ograms for which you are requesting to provide
services.
Subsidized Child Care
X Job Training Partnership Act
Teenage Parent Program
Refugee/Entrant
XChild Care Investment Fund
Child Care Purchasing Pool
F. Reimbursement checks may be mailed (indicate the address
below) or may be picked up at The Fulton-Holland Educational
Services Center, Child Care Services office, 3310 Forest Hill
Blvd., C-223, West Palm' Beach, FL 33406-5813. Please
indicate your choice below:
X Mail to: Delray Beach Parks and Recreation Department
50 NW 1st Avenue
Delray Beach, Florida 33444
Attn: Rodger Ribeiro~- Recreation Superintendent
Pick up at Fulton-Holland Educational Service Center
G. Please proVide a brief history of your agency or program.
(Additional.pages may be attached.)
The City of Delray Beach Parks and Recreation Department was started in the 1988-89
school year to serve~children ages 5-15. Of'immediate Concern were the hundreds
of latch-key children that were bused to schools in other cities. These stUdents
were returning hOme.to unsupervised,empty houses. There was widespread community
concern for thesei'children and the potential dangers of them b~ing left.alone
every, day, While the immediate concern was the lack.of supervision~ there was
alsomuch concern about-the children,s lack of opportunity to participate in
actitvities that wOuld help them become healthY,literate,productive adalts; i.e.
.~ provision of activities with life-long benefits. Discussions were held With school
principals and guidance counselors,police officers working inLthe juvenile section
and recreation professionals,
With an annual grant from the Children's Services Council in collaboration with the
City of Delray Beach,children partiPate.~,in.~activities~and attend~facilities.they~. .... -
may not 0ther~.,ise~.have~had~an opportunity to do~so~.0ne hoUr~each~sdho01!daylis
reserved-for~academic~services,~homework~assistanCe.and tutuoring;~_±~3c. ~.~.~",:'
H. Please provide a concise list of your program goals.
(Additional pages may be attached.)
1. To provide supervised activities to 300 elementary school children from 2:00 -
6:0Opm after school.
2. To provide activities in the following areas: .daily academic assistance, sports
(basketball,vp~leyball,golf,tennis,swimming,track and field),arts and crafts,
music,cartoo~,.~ drawing, drama and culture, indoor games,environmental awareness,
~Boy~&..Girl!ScOuts~
3. Provide at least two field triPs per month.
4. To provide transportation home from the program for all children in need.
5. T~ contact parents with positive and negative feedback about their children's
performance at least four times per year.
6. To~provide summer camp activities for eight weeks June - Augus~:.for 530
childcen~,ages 6-15.
7. To provide programs for children during the school year when school is not in
session (i.e. School's Out Days).
G.(CONTINUED) also provided is certifiable activities such as swimming,tennis and golf.
Transportation from the school sites and,if needed,to the students'homes is also
provided. -2-
I. Please provide a statement concerning the financial solvency
of your agency or program. (Additional pages may be attached.)
The City of Delray Beach is financially stroh§ and there are no indications of
concern. The After School Pro§ram has been funded by the Children's Services
Council and the City of Delray Beach since its inception. In 1996, the §rant
from CSC was reduced and we were forced to reduce the number of children we could
accept into the program, but the program continued with no reduction in service
provided. The City continues to fund a large portion of the program as well.
J. Please provide a statement concerning your reputation in the
community, including special achievements and awards.
(Additional pages may be attached.)
The City of Delray Beach has achieved numerous awards in the past few years:
1993 The All-America City Award and was voted1996 "The Best Run Town in
Florida" last year.
° Florida Recreation and Park Association Department of the year 1997
° State of Florida Summer Food Program Award 1997
° Appreciation Certificates and Plaques
- Delray Beach Joint Venture "Holiday Festivities" 1997
- Kids and Cops Program 1996
- Delray Full Service Center 1997
- Turf Rodeo Competition 1995
K. Please provide a description of the developmentally
appropriate curriculum used by your program. (Additional pages
may be attached.)
All activities are planned with age and development level in mind,including
sports,games,arts and crafts, etc. The programs which provide certificiation
from their governing bodies (swimming,tennis,golf) are all developed with
varying levels of developmental appropriateness. The program changes as skills
are learned and demonstrated by the participants.
-3-
PROVAPP.I
Section II: Center Information (Complete a separate Section II for
each site to be included in the contract)
A. Center Name: Delray Full Service Center
B. Center Address: 301 SW 14th Avenue
Delray Beach, Fl. 33444
C. Mailing Address: 50 NW 1st Avenue
Delray Beach, Fl. 33444
Attn: Carolyn Parker-Ware
D. Telephone: (561~278-4707 (PM) Fax: (561) 243-7268
(561)243-7250 (AM)
E. Center Director/Facility Supervisor: Carolyn Parker-Ware
F. Schedule of Operation Hours G. Licensed Capacity
Monday 2:00 to 6:00 PM Infants
Tuesday 2:00 to 6:00
Wednesday 2:00 to 6:00 Ail Others 112
Thursday 2: 00 to 6: 00
Friday 2:00 to 6:00 Total 112
Saturday to
Sunday to
Hours above are for After School Program. Summer camp and School's Out Days
run from 7:30 AM- 5:30 PM.
H. List your rates charged to the general public.
Age Category Full Time (up to Part Time (up Registration
10 hrs a day) to 5 hrs a day) Fee
Infants Weekly Weekly
(0-12 mos.)
Daily Daily
Toddlers Weekly Weekly
(13-23 mos.)
Daily Daily
Toddlers Weekly Weekly
(24-35 mos.)
Daily Daily
Preschoolers Weekly Weekly
(3-5 years)
Daily Daily
--4--
Age Holiday/ Before & After Registration
Cat. Full Day Care Fee
School Weekly $25.00 Weekly $10 After School
Aged $25 Summer Camp
Daily $10.00 Daily -0- Holiday,Other
Before Care After Care *Early Release
Weekly Weekly included with
Monthly $15.00 After School
Daily Daily charge
* 8 days during the school year when the public school system
releases children at 11:30 A.M.
I. Do your services include extended (non-traditional) hours of
care (evenings & weekends) ? Yes X No
If yes, explain your rates for this type of care.
J. Do you give discounts to families with more than one child
enrolled? X Yes No
If yes, explain your discounted rates.
See attached payment schedule. 3 categories, Free Lunch, Reduced Lunch
and No Lunch. Discounts for additional children in program.
K. List your adult to child ratios that are consistently
maintained. Only direct supervision may be counted.
1 adult to infants (age 0 to 12 mos.)
1 adult to toddlers (age 13-23 mos.)
1 adult to toddlers (age 24-35 mos.)
1 adult to preschoolers (age 3-5 yrs.)
1 adult to 16 school-aged children
L. Transportation Services
(Please answer yes or no to the following questions.)
Do you transport children? Yes (If answer is no, go to N.)
Do you provide transportation for field trips? Yes
Do you provide transportation to your after school
program? Yes
Do you provide transportation to and from children's
homes? Yes
Do you own your transportation vehicles? Yes (vans)
Do you lease your transportation vehicles? Yes (buses)
M. List the elementary schools for which your center provides
transportation services for school-aged children:
The School Board bus transport system will provide transportation to
our program sites from any public school in the Boca Katon,Delray Beach or
Boynton Beach area except for Pine Grove and Spady elementary schools. In
those cases, the city provides transportatoin. The city also provides
transportation home, if a need is shown.
N. Do you receive subsidy from the Child and Adult Care Food
Program for meals served? Yes X No
O. What meals/snacks do you provide? Daily snack of sandwiches,fruit
or other appropriate foods.
P. Is there a separate charge for meals? Yes X No
If yes, list charges.
Q. List the days your center will be closed in 1998. (12 holidays
per calendar year are reimbursable)
3an.1 May 25 Nov.26
Jan. 19 3uly 4 Nov.27
Feb.16 Sept.7 Dec.25
R. List names of staff member(s) with a college degree or
recognized credential, if a CDA, designate if National or
State of Florida:
Name Type of Credential
-6-
For staff not credentialed, how many hours of training were
attained for the last year July 1, 1997 through the present
time. List names and number of hours.
Name Number of hours
Brian Fisher 29
Sabrina Ferguson 58
Gussie Demps 50
Martina Soltes 44
Carolyn Parker-Ware 84
Marnisha Bernard 0
* New Hire
S. List any special accreditations your center has earned (such
as NAEYC, Gold Seal, etc.). Attach a copy to your application.
1) Applyin§ for NRPA National Recreation & Park Association accreditation
2) Applying for NRPA Gold Metal Award Recreation & Park ~ssociation
T. Attach a copy of your Center's License to your application.
U. Attach an original Certificate of Insurance to your
application. (See insurance requirements Attachment V)
V. Attach a parent handbook to your application.
w. Attach a published rate sheet to your application.
PROVAPP.12
Section II: Center Information (Complete a separate Section II for
each site to be included in the 'contract)
A. Center Name: Pompey Park Recreation Center
B. Center Address: 1101 NW 2nd Street
Delra¥ Beach, Fi. 33444
C. Mailing Address: same
D. Telephone: (561) 243-7356 Fax: (561) 243-7268
E. Center Director/Facility Supervisor: Ann Green
F. Schedule of Operation Hours G. Licensed Capacity
Monday 2: 00 to 6: 00 Infants
Tuesday 2:00 to 6:00
Wednesday 2:00 to 6:00 All Others 200
Thursday 2: 00 to 6: 00
Friday 2: 00 to ~: 00 Total 200
Saturday to
Sunday to
Hours above are for After School Program. Summer camp and School's Out Days
run from 7:30 AM - 5:30 PM.
H. List your rates charged to the general public.
Age Category Full Time (up to Part Time (up Registration
10 hfs a day) to 5 hfs a day) Fee
Infants Weekly Weekly
(0-12 mos.)
Daily Daily
Toddlers Weekly Weekly
(13-23 mos.)
Daily Daily
Toddlers Weekly Weekly
(24-35 mos.)
Daily _ , Daily
Preschoolers Weekly Weekly
(3-5 years)
Daily Daily
--4--
Age Holiday/ Before & After Registration
Cat. Full Day Care Fee
School Weekly $25.00 Weekly $10 After School
Aged $25 Summer Camp
Daily $10.00 Daily -0- Holiday, Other
Before Care After Care *Early Release
Weekly Weekly included with
Monthly $15.00 After School
Daily Daily charge
* 8 days during the school year when the public school system
releases children at 11:30 A.M.
I. Do your services include extended (non-traditional) hours of
care (evenings & weekends) ? Yes X No
If yes, explain your rates for this type of care.
J. Do you give discounts to families with more than one child
enrolled? X Yes No
If yes, explain your discounted rates.
~e attached payment schedule. 3 categories, Free Lunch, Reduced Lunch
and No Lunch. Discounts for additional children in program.
K. List your adult to child ratios that are consistently
maintained. Only direct supervision may be counted.
1 adult to infants (age 0 to 12 mos.)
1 adult to toddlers (age 13-23 mos.)
1 adult to toddlers (age 24-35 mos.)
1 adult to preschoolers (age 3-5 yrs.)
1 adult to 16 school-aged children
L. Transportation Services
(Please answer yes or no to the following questions.)
Do you transport children? Yes (If answer is no, go to N.)
Do you provide transportation for field trips? Yes
Do you provide transportation to your after.school
program? Yes
Do you provide transportation to and from children's _
homes? Yes
Do you own your transportation vehicles? Yes (vans)
Do you lease your transportation vehicles? ..Yes (buses)
-5-
M. List the elementary schools for which your center provides
transportation services for school-aged children:
The School Board bus transport system will provide transportation to
our program sites from any public school in the Boca Raton, Delray Beach or
Boynton Beach area except for Pine Grove and Spady elementary schools. In
those cases, the city provides transportation. The city also provides
transportation home, if a need is shown.
N. DO you receive subsidy from the Child and Adult Care Food
Program for meals served? Yes X No
O. What meals/snacks do you provide? Daily snack of sandwiches~ fruit
or other appropriate foods.
P. Is there a separate charge for meals? Yes x No
If yes, list charges.
Q. List the days your center will be closed in 1998. (12 holidays
per calendar year are reimbursable)
Jan. 1 May 25 Nov.26
Jan. 19 July 4 Nov.27
Feb.16 Sept.7 Dec.25
R. List names of staff member(s) with a college degree or
recognized credential, if a CDA, designate if National or
State of Florida:
Name Type of Credential
-6-
For staff not credentialed, how many hours of training were
attained for the last year July 1, 1997 through the present
time. List names and number of hours.
Name Number of hours
Larry Wayne Melear 20
Daw-ne Girtman 30
Delorise Johnson 31
Vanetta Traynham 20
Marian Weatherspoon 52
Ruth Adams 52
S. List any special accreditations your center has earned (such
as NAEYC, Gold Seal, etc.). Attach a copy to your application.
1.) Applying for NRPA National Recreation & Parks Association Accreditation
2.) Applying for NRPA Gold Metal Award Recreation & Park Association
· T. Attach a copy of your Center's License to your application.
U. Attach an original Certificate of Insurance to your
application. (See insurance requirements Attachment V)
V. Attach a parent handbook to your application.
W. Attach a published rate sheet to your application.
-7-
PROVAPP.H
Section II: Center Information (Complete a separate Section II for
each site to be included in the 'contract)
A. Center Name: Delray Beach Community Center
B. Center Address: 50 NW 1st Avenue
Delray Beach, Fl. 33444
C. Mailing Address: same as above
D. Telephone: (561) 243-7250 Fax: (561) 243-7268
E. Center Director/Facility Supervisor: Thomas Kwiatek
F. Schedule of Operation Hours G. Licensed Capacity
Monday 2:00 to 6:00 Infants
Tuesday 2:00 to 6:00
Wednesday 2:00 to 6:00 All Others 100
Thursday 2:00 to 6:00
Friday 2:00 to 6:00 Total 100
Saturday to
Sunday to
Hours above are for After School Program. Summer Camp and School's Out Days
run from 7:30 AM- 5:30 PM.
H. List your rates charged to the general public.
Age Category Full Time (up to Part Time (up Registration
10 hrs a day) to 5 hrs a day) Fee
Infants Weekly Weekly
(0-12 mos.)
Daily Daily
Toddlers Weekly Weekly
(13-23 mos.)
Daily Daily
Toddlers Weekly Weekly
(24-35 mos.)
Daily Daily
~reschoolers Weekly Weekly
(3-5 years)
Daily Daily
--4--
Age Holiday/ Before & After Registration
Cat. Full Day Care Fee
School Weekly $25.00 Weekly $10 After School
Aged $25 Summer Camp
Daily $10.00 Daily -0- Holiday, Other
Before Care After Care *Early Release
Weekly Weekly included with
After School
oh ly 5. charge
$! 00
Daily
* $ days during the school year when the public school system
releases children at 11:30 A.M.
I. Do your services include extended (non-traditional) hours of
care (evenings & weekends)? Yes X No
If yes, explain your rates for this type of care.
J. Do you give discounts to families with more than one child
enrolled? X Yes No
If yes, explain your discounted rates.
See attached payment schedule, 3 categories, Free Lunch, Reduced Lunch
and No Lunch. Discounts for additional children in program.
K. List your adult to child ratios that are consistently
maintained. Only direct supervision may be counted.
1 adult to infants (age 0 to 12 mos.)
1 adult to toddlers (age 13-23 mos.)
1 adult to toddlers (age 24-35 mos.)
1 adult to preschoolers (age 3-5 yrs.)
1 adult to 16 school-aged children
L. Transportation Services
(Please answer yes or no to the following questions.)
Do you transport children? Yes (If answer is no, go to N.)
Do you provide transportation for field trips? Yes
Do you provide transportation to your after.school
program? Yes
Do you provide transportation to and from children's
homes? Yes
Do you own your transportation vehicles? Yes (vans)
Do you lease your transportation vehicles? Yes (buses)
-5-
M. List the elementary schools for which your center provides
transportation services for school-aged children:
The School Board bus transport system will provide transportation ~o
our program sites from any public school in the Boca Raton, Delray Beach or
Boynton Beach area except for Pine Grove and Spady elementary schools. In
those cases, the city provides transportation. The city also provides
transportation home, if a need is shown.
N. Do you receive subsidy from the Child and Adult Care Food
Program for meals served? Yes X No
O. What meals/snacks do you provide? Daily snack of sandwiches, fruit
or other appropriate foods.
P. Is there a separate charge for meals? Yes X No
If yes, list charges.
Q. List the days your center will be closed in 1998. (12 holidays
per calendar year are reimbursable)
Jan. 1 May 25 Nov. 26
Jan. 19 July 4 Nov. 27
Feb. 16 Sept. 7 Dec. 25
R. List names of staff member(s) with a college degree or
recognized credential, if a CDA, designate if National or
State of Florida:
Name Type of Credential
Thomas Kwiatek Bachelor of Sc~mn~m Degree
Tonya Smith CDA - State of F]nr~da Certificat~
-6-
For staff not credentialed, how many hours of training were
attained for the last year July 1, 1997 through the present
time. List names and number of hours.
Name Number of hours
3oy Martin 10
Monique Edhill 7
Andre Belle 46
Erika Seabrooks 7
* Marianne Rangel 0
* New Hire
S. List any special accreditations your center has earned (such
as NAEYC, Gold Seal, etc.). Attach a copy to your application.
1.) Applyin§ for NRPA National Recreation & Parks Association Accreditation
2.) Applying for NRPA Gold Metal Award Recreation & Park Assoc.~
T. Attach a copy of your Center's License to your application.
U. Attach an original Certificate of Insurance to your
application. (See insurance requirements Attachment V)
V. Attach a parent handbook to your application.
W. Attach a published rate sheet to your application.
-7-
PROVAPP.H
Section III - Provider Qualification and Information
A. The provider shall meet all licensing standards to provide
center-based child care services and shall meet any other
applicable local requirements.
B. The provider shall conform to Chapter 65C-21, Florida
Administrative Code, Subsidized Child Care as required by the
Department of Children and Families. (See Attachment VI which
you may keep.)
C. Award of vendor agreement does not guarantee placement of any
child to a particular center. Placement is contingent upon
parental choice and availability of funds.
D. The final agreement between the School District of Palm Beach
County and the provider will follow a standard School District
Child Care Services vendor agreement format, and can be
expected to contain those performance requirements and terms
and conditions normal to the conduct of a child care program.
The following will familiarize the prospective applicant with
those particular vendor agreement terms and conditions.
E. · The provider shall be qualified and eligible to receive a
vendor agreement under applicable public policy law, Chapter
65C-21, Florida Administrative Code, Subsidized Child Care, or
Federal requirements, whichever is more stringent. The center
must be maintained at all times so as to be in compliance with
state and local licensing and fire regulations.
F. The provider agrees that the child care facility shall not
exceed the licensed or allowable capacity designated on the
license or the certificate of compliance at any given time.
Ail children under the supervision of the facility at any one
time, whether or not on the premises, including children
related to staff members, shall be counted in determining
compliance with the licensed or allowable capacity.
G. The provider agrees to require all credentialed staff 'to
complete 12 hours of in-service training annually and non-
credentialed staff to complete 40 hours of in-service training
annually. (Credentialed staff who work 20 hours or less per
week must complete 6 hours of training annually and non-
credentialed staff who work 20 hours or less per week must
complete 20 hours of training annually.)
H. Convenient hours of operation must be maintained in order to
meet the needs of working parents. The program must operate
a minimum of ten hours per day to begin no later than 7':30
A.M. and close no earlier than 5:30 P.M.
--8--
I. Client eligibility and authorization for service must be made
by the School District Child Care Services office only.
eliqible child may be denied service when space and fundinq
are available. Clients are determined eligible as per each
program's guidelines.
J. A current record must be maintained on each child in the
program. The record must include current Application for
Services, Addendum bearing valid authorization for the
provision of services, release of information form, enrollment
and attendance data, appropriate documentation of prolonged
excused absences, information pertaining to the child's health
and immunization record, and pertinent information regarding
the child's parents or caretaker. The provider must identify
specific staff to maintain and submit appropriate
documentation.
K. The provider must demonstrate the ability to provide year-
round services in a healthy and safe environment that is
conducive to creative development and promotion of exploration
and experimentation by the child.
The indoor/outdoor equipment, supplies, and educational aids
must be suitable to the size and age of the children
contracted for, and in a variety and sufficiency to serve the
total enrollment. Parents must be provided with opportunities
convenient to them to observe their children in the program,
and to work with the program whenever possible.
L. The provider shall maintain books, records and documents in
accordance with appropriate accounting procedures and
practices which sufficiently and properly reflect all
expenditures of funds and revenues. These books, records and
documents shall be available at all times to inspection,
review, or audit by the funding agencies.
M. The provider shall not assign the responsibility of this
vendor agreement to another party nor subcontract with another
party without prior written approval of the School District.
In the event of a change in ownership the prospective buyer
may submit an application for vendor agreement, subject to
approval of the School District. This process may take up to
six weeks.
N. Subsidized Child Care is federally and state funded through
the State of Florida, Department of Children and Families.
There is an 8% local donor requirement.
The Refugee/Entrant Program is federally funded through
the State of Florida, Department of Children and Families.
The Teenage Parent Program is funded by the Florida Education
Finance Plan and managed by the Department of Education.
--9--
The Job Training Partnership Act (JTPA) is federally funded
and is administered locally by the Palm Beach County Workforce
Development Board.
The Child Care Purchasing Pool is federally funded through the
Department of Children and Families. This program promotes
public/private partnerships in child care. There is a 50%
local donor requirement.
The Child Care Investment Fund is funded by the Children's
Services Council in collaboration with District IX Department
of Children and Families and the School District of Palm Beach
County. To be eligible to provide services under the Child
Care Investment Fund providers must meet one of the following
criteria:
1. Child Care Centers accredited by the National Association
for the Education of Young Children.
2. Child Care Centers funded by the Children's Services
Council for other programs.
3. Child Care Centers actively involved in the "Quality
Assurance Project" meeting established criteria.
4. Child Care Centers actively pursuing NAEYC accreditation
meeting established criteria.
O. Payment for services will be negotiated for each funding
source up to the maximum daily rates allowed for child care
services established by the funder.
Following are the approved current maximum daily rates
allowed by the Department of Children and Families. Rates
paid from state funding cannot exceed those charged to the
general public. Rates must be justified by the program.
Full Time Daily Part Time Daily
Infants $23.00 $18.00
Toddler (13-23 mos.) $22.00 $18.00
Toddler (24-35 mos.) $19.00 $15.80
Preschool $18.60 $14.40
School-Age $15.00 $ 9.00
Following are the approved current maximum daily rates allowed
by the Children's Services Council.
Full Time Daily Part Time Daily
Infant $23.00 N/A
Toddler (13-23 mos.) $22.00 N/A
Toddler (24-35 mos.) $20.00 N/A
Preschooler $20.00 N/A
Schoolage $20.00 '$10.00
The rates listed above must cover all fees required by the
vendor except transportation fees and late pick-up fees.
-10-
P. The School District shall reimburse the provider on a monthly
basis for services rendered. Reimbursement will be based on
attendance of eligible children enrolled using the State of
Florida, Department of Children and Families' definition of
enrollment.
Noncompliance or failure to maintain accurate attendance data
will be considered a breach of contract and may result in
immediate termination of the vendor agreement.
Th~ submission and verification of expenses and the payment of
same by the School District Finance Department often require
several weeks. IT IS ADVISABLE, THEREFORE, THAT ORGANIZATIONS
CONTRACTING WITH THE SCHOOL DISTRICTHAVE AVAILABLE SUFFICIENT
WORKING CAPITAL TO MEET INTERIM EXPENSES FOR A PERIOD OF AT
LEAST EIGHT (8) WEEKS.
Q. The School District reserves the right to request clarifica-
tion of information submitted in any application, as well as
to request additional information from any applicant.
R. Unless the provider's breach is waived by the School District
in writing, the School District may, by written notice to the
provider, terminate this vendor agreement upon no less than
twenty-four (24) hours notice. Said notice shall be delivered
by certified mail, return receipt requested, or in person with
proof of delivery.
S. In the event any of the provisions of this application are
violated by the provider, the Superintendent or her designee
shall give written notice to the provider stating the
deficiencies and unless the deficiencies are corrected within
ten (10) days, recommendation will be made to the School
District for immediate cancellation. Upon cancellation
hereunder the School District of Palm Beach County, Florida,
may pursue any and all legal remedies as provided herein and
by law. The School District of Palm Beach County, Florida,
reserves the right to terminate any vendor agreement resulting
from this invitation at any time and for any reason, upon
giving thirty (30) days prior written notice to the other
party. If said vendor agreement should be terminated for
convenience as provided herein, the School District shall be
relieved of all obligations under said vendor agreement. The
School District of Palm Beach County shall only be required to
pay to the provider that amount of the agreement actually
performed to the date of termination.
Awa~dee by virtue of signature on page one (1) of the
Application (authorized signature must be done manually),
certifies that he or she has not been convicted of a-public
entity crime as defined in Section 287.133 of the Florida
State Statutes. A public entity crime as defined in Section
-11-
287.133 of the Florida State Statutes includes a violation of
any state or federal law by a person with respect to and
directly related to the transaction of business with any
public entity in Florida or with any agency or political
subdivision of any other state or with the United States,
including, but not limited to, any bid or contract for goods
or services to be provided to any public entity or such agency
or political subdivision and involving antitrust, fraud,
theft, bribery, collusion, racketeering, conspiracy or
material misrepresentation. Attached is a certificate to be
completed and submitted with the application. (Attachment I)
U. The School District of Palm Beach County must be named
additional insured on the provider's qeneral liability policy.
Vendor agreements will not be released until the certificate
of insurance meeting the requirements is received. (See
Attachment V for insurance requirements which you may keep.)
V. The provider shall notify the School District in writing of
any change in the authorized representative and/or Center
Director responsible for the administration of the program
under said vendor agreement.
W. The provider must, prior to vendor agreement execution,
complete the Certification Regarding Lobbying form. Attached
is the form to be completed and submitted with the
application. (Attachment II)
X. The provider must, prior to vendor agreement execution,
complete the Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion form. Attached is the
form to be completed and submitted with the application.
(Attachment III)
Y. The provider must achieve a minimum score of 70% on the last
monitoring with the Child Care Program Assessment Tool or 70%
on a pre-service monitoring. (See Attachment VII which you may
keep.)
Z. Centers owned by minorities, and/or women, may apply for
Minority Vendor Status by contacting Alfred Jones at 434-8508.
I have read Section III of the Child Care Services Provider
Application and understand its contents.
Signature of President/Chairman/Owner Date
3a¥ A1perin
Name Typed or Printed
Mayor
Title
PROVAPP.]II -- 12 -
Attachment I
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUq~S, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN ~ PRES~CE OF A NOTARY PUBLIC OR OTEIER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to School Board of Palm Beach County,Florida Child Care
[print name of the public entity] Services
by Jay Alperin~ Mayor
[print hadd~dual's name and ~itle]
for City of Delray Beach Parks and Recreation Department
[print name of entity submitting sworn statement]
whose business address is
50 NW 1st Avenue, Delra¥ Beach, Fl. 33444
and (if applicable) its Federal Employer Identification Number (FEIN) is 59-6000308
(II the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement: .)
I understand that a 'public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
viohtion of any state or federal law by a person with respect to and directly related to the transaction of
-business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bn'bery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that 'convicted' or 'conviction' as defined in Paragraph 287.133(1)Co), Florida Statutes, means
a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trial court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, nonjury trial, or enuy of a plea of guilty or nolo contendere.
4. I understand that an 'affiliate' as defined in .Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is act/we in the management of-the entity and
who has been convicted of a public entity crime. The term 'affiliate' includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who axe active in the management of
an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or income among persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A person who lmowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during
the preceding 36 months shall be considered an affiliate.
5. I understand that a 'person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
. person or--entity organi?~l under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services
let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The
term 'person" includes those officers, directors, executives, partners, shareholders,' employee~, members, and
agents who are active in management of an entity.
6. Based on in. formation and belief, the statement which I have marked below is true Lq relation to the entity
subn~tung thi~ ~'orn statement. [indicate ~,Nch statement applies.]
~ Neither the entity submitting this sworn statement, nor any of its officers, directors, execut/ves,
panners, shareholders, employe~, members, or agents who are active in the management of the entity, nor
any affi!iate of the entiD' has been charged with and convicted of a public entitT er/me subsequent lo .Jul),
1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, member~, or agents who are active in the management of the entity, or
an .mli~te of the entity has be~n charged with a.nd convicted of a public entity crime subsequent to July
1, 1989.
The elltit~' snbmitting thi_~ sworn Statement, Or oue or more of its officers, ctffectors, executives,
partners, shareholders, employees, members, or 'agents who are active in the munagement of the entity, or
an aW.~te of the entity has been ,-~-rged with and convicted of a public euttty crime subseque-t ~o :~uiy
1, 1989. However, there h~s been a sul:~equent proceed/rig before a Hearing Officer of the StaTe of.Florida,
Division of Adm/nistrative He~in~s and the Final Order entered by the Hearing Of:acer determined that
i~ was not in the public interest to place the entity submitting thi_~ ssvOrn statement on the convicted vendor
list. [aUach a copy of the final order]
I UNDERSTAND THAT ~ SUBM2sSIoN OF THIS FORM TO TIi]E CONTRACI'ING OFFICER FOIl TKE
PUBLIC ENTITY IDENTIFr~ IN PARAGRAPtI 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT TItlS FOR_N/IS VAI.ID THROUGH DECEMBER 31 OF THE C/tl.k~iD.4~ YEAR IN WHICH IT IS Fir
! ALSO UNDERSTAND THAT I AM REQUI2RF. D To Ilq'FORN[ THE PUBLIC ENTITY PRIOR TO ENTERING
INTO A CONTRACT IN EXCESS OF ~ TIIRESHO~ AlVIOUNT PROVIDED IN SECTION 287.017, ~_FI.,O_ RliDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE LN THE INFORMATION CONTAINED IN THIS FORNL
£s/.'gnamre]
Sworn to and sub~cn'be<l l~fore me this day of ,19
Pemonally tmown
OR Produced identification _ Notary lhlblic - State of
My commksion c:rpires
(Print~ typed or stampe4
commissioned name of not,~-'y public)
Form PUrR 706g Olev. 06/11/97_)
Attachment II
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS~ LOAI~S A~D COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and
belief, that:
(1) No federal appropriated funds have been paid or will be paid, by
or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or an employee of any agency,
a member of congress, an officer or employee of congress, or an
employee of a m~ber of congress in connection with the awarding
of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment,
or modification of any federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a member of
congress, an officer or employee of congress, or an employee of a
member of congress in connection with this federal contract,
grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-TJJ., "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, Title 31, U.S.
Code. Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
S ignatur~' Date
RodKer R. Ribeiro
Name of Authorized Individual Application or Contract. Number
City of Delray Beach Parks and Recreation Dept., 50 NW 1st Avenue, Delray Beach, Fl. 33444
Name and Address of Organization
Attachment III
Contrac~ No..
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
CONTRACTS/SUBCONTRACTS
This certification is required by the regulations implementing Executive
Order 12549, Debarment and Suspension, signed February 18, 1986. The
guidelines were published in the May 29, 1987 Federal Register (52 Fed.
Reg., pages. 20360-20369).
1. Each prov~er whose contract/subcontract equ~s or exceeds ~25,000 in feder~ monies mu~ sign this ce~d~cafion
pdor to exec%~ion of each con~act/subcona~ct Add~Jon~ly, prov~ers who audit fede~ ~ograms mu~ ~so
sign, regardless of the contract amount HRS cannot oor~ra~ w~h ~hes9 Wpe$..~ Drov~Jers Ethey are deba~ed or
suspended by the federal qovemment
2. This certification is a mater[aJ representation of fact upon which reliance is placed when this contract/subcontract is
entered into. If it is later determined that the signer knowingly rendered an erroneous certJficatio~ the FederaJ
Government may pursue ava~able remedies, including suspension and/or debarment.
3. The provider shall provide Immediate written notice to the contract manager at any time the provider learns that its
certification was en'oneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms 'debarred,' 'suspended.' 'ineligible,' 'person.' 'p~cipal,' and 'voluntar~y excluded.' as used in this
certification, have the meanings set out in the Definitions and Coverage sectkx~s of rules implementing Executive
Order 12549. You may contact the co[~act manager for assistance In obtaining a copy of those regutations.
5. The provider agrees by submitting this certification that, it shall not knowingty enter into any subcontract with a
person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
contract/subcontract unless authorized by the Federal Government.
6. The provider further agrees by submitting this certification that it wi]l require each subcontractor of this
contract/subcontract, whose payment will equaJ or exceed $25.000 in federaJ monies, to submit a signed copy of
this certification.
7. The Department of Health and Rehabilitative Services may rely upon a certifi~ of a p~ovider that it is not
deban'ed, suspended, ineligible, or voiuntady exctuded from contracting/subcontracting unless it knows that the
certification is erroneous.
8. This signed certification must be kept in the contract manager's contract file. Subcontmctor's certifications must
be kept at the contractor's business location.
(1) The prospective provider ce:rtifies, by signing this cert£Eication,
that ~either be nor his principals is presentl~ debarred, s~spended,
p~oposed for debarment, declared ineligible, or voluntarily excluded
fro~ participation in this contract/s~contract by any ~ederal
departmen.l: or agency.
(2) Where the prospective provider is u~ble to certify 1:o any o~ 1:he
statements in ti'tis certification, such prospective provider shall
a1:1:ach an ex-p~anation to this certi~±cation.
Signature Date
£1TY OF DELAAY BEACH
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity
MEMORANDUM
1993
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Change to Amendment to Center Based Child Care Application
DATE: March 5, 1998
Attached please find a change in the Amendment to Palm Beach County School District
Center Based Child Care. Please note that, even though we qualify for Refugee/Entrant
program for funding, the After School program minimum age is 5, which exceeds the age
range for this funding. Therefore, we have deleted this from page 13 of the Amendment
under Provider List programs of the application.
DIJI~e cWt;lrdo°~lParks and Recreation
Attachment
cc: Rodger Ribeiro, Recreation Superintendent
JW:cp
Ref:dhasamnd
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
Center Based Child Care
FY 97-98
AMENDMENT #002
This amendment entered into between the School District of Palm Beach Coun{7,
Florida, herein after referred to as the "Agency," and City of Delray Beach Parks and
Recreation Department, herein after referred to as the "Provider," hereby amends the
contract entered into by the above named parties on July 1, 1997.
Attachment II is hereby amended as indicated on page 13 of this document.
This amendment shall begin on March 1, 1998.
All provisions in the contract and any attachments thereto in conflict with this
amendment shall be and are hereby changed to conform with this amendment.
All provisions not in conflict with this amendment are still in effect and are to be
performed at the level specified in the contract.
There are no other modifications except those contained herein, all other terms and
conditions remain in effect from the original contract.
This amendment is hereby made a part of the contract.
In witness thereof, the parties have caused this 3 page amendment to be executed by their
undersigned officials as duly authorized.
.. Provider: Palm Beach County School District:
· ' '°-':'~.-~.' - .' .' .'.' .y: By:
¢:.-~~tne: .)'ay Alper±n Name: Paulette Burdick
} "' "." Title: Mayor Title: Chairman
Date: Date:
ATTEST: A'II-EST:
By: By:
Name: Name: Joan P. Kowal
Title: Title: Superintendent
Date: Date:
or WitneSs:
Employer I.D. Number:
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
FROM: NANCY DAVlLA, HORTICULTURIST
RE: MILITARY TRAIL MEDIAN BEAUTIFICATION
FINANCIAL ASSISTANCE AGREEMENT/PALM BEACH COUNTY
DATE: MARCH 10, 1998
ITEM BEFORE THE COMMISSION
The item before the City Commission is consideration of approval of an agreement
between the City and Palm Beach County which would allow the City to be reimbursed
up to 50% of eligible beautification improvements (not to exceed $10,000.00) incurred
on Military Trail, between Linton Boulevard and the C-15 Canal.
BACKGROUND
Palm Beach County Engineering has been administering the reconstruction of Military
Trail in Delray Beach, including the reconfiguration of medians and drainage
improvements. While most of the medians on Military Trail have not been landscaped,
several in the vicinity of the Delaire subdivision, south of Linton Boulevard, were
beautified at Delaire's expense and subsequently maintained by the City.
During the course of construction, trees were removed from one of the medians to
accommodate drainage. Delaire voiced their objection to the removal of the trees,
claiming they had not been properly notified to give them time to relocated the trees.
After many phone calls and meetings, the County Commissioners agreed to pay half the
expense in getting the median relandscaped, providing the City be responsible for the
other half of the costs. Although the County has allocated $10,000.00 (total project cost
could be $20,000.00 given a full match from the City), project costs are anticipated to be
$10,000.00 in total, with $5,000.00 from the County and $5,000.00 from the City.
The City is responsible for the design, bidding, installation and construction
administration. Concurrent with the approval of the Financial Assistance Agreement,
plans will be submitted to Palm beach County Land Development for approval. Upon
acceptance, plans will be let for bid. Installation of irrigation and plant materials will be
coordinated with the County after their french drain has been installed in the median.
RECOMMENDATION
Staff recommends that the City Commission gives favorable consideration to the
approval of the financial assistance agreement between Palm Beach County and the
City of Delray Beach to reimburse the City for up to 50% of eligible landscape
improvements for the medians on Military Trail between Linton Boulevard and the C-15
Canal.
attachment: agreement
Date: 3 / 12 / 9S Agenda Item No. f g ·
AGENDA REQUEST
Agenda request to be placed on:
X Regular __ Special __ Workshop ~ Consent
When: 3/17/98
Description of Agenda Item:
Military Trail Median Beautification
Financial Assistance Agreement/ Palm Beach County
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: ^ p p r o v a 1
Department Head Signature:
City Attomey 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: 334-4144-572-63.37 Military Trail Median
AccountBalance: $6,000.00 as of 3/13/98/ $11,000.00 pending budget approval
City Manager Review:
Approved for agenda: ~s//No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
March 5, 1998
Department of Engineering Nancy Davila, Horticulturist
and Public Works City of Delray Beach
P.O. Box 21229 100 NW First Avenue
West Palm Beach, FL 33416-1229 Delray Beach, FL 33444
(561) 684-4000
RE: Financial Assistance Agreement for Landscaping on Military Trail from the
http:l/www, co.palm-beach.fl.us C-ltl Canal to Linton Boulevard.
Dear Ms. Davila:
The Board of County Commissioners has allocated County Beautification funds to the
City of Delray Beach up to $10,000.00 for Military Trail from the C-15 Canal to Linton
Palm Beach County Boulevard. This allocation can reimburse up to 50% of the installation costs of the eligible
Board of county beautification improvements.
Commissioners
Burr Aaronson, Chairman Enclosed are four originals of the financial assistance Agreement which provide the terms
under which reimbursement can occur. Please have all four originals executed by the
Maude Ford Lee. Vice Chair Mayor or other official designated by the City Commission and then return all four
l~aren T. Marcus originals to me so this item can go before the Count5' Commission for final execution.
Following that approval and the signature of the Chairman, I will return one fully
Carol A. Roberts executed original to you for your records.
Warren H. Newell
Your efforts to enhance the quality Of life in Palm Beach County are appreciated. If you
Mary McCarty have any questions, please contact me or Jim Tuttle at 684-4030.
Ken L. Foster
Sincerely,
County Administrator ~ENGINEER
Robert Weisman. P.E.
Spec~!y/~/~s Coordinator-Traffic Division
ASH:),~T:meo
Attachments: Four original copies of the Beautification Agreement.
pc: G. Haney Frakes, Jr., P.E., Assistant Count3.' Engineer
Marlene Everitt, Assistant County Attorney
Evel.vn Allen, Director, Administrative Services Division
David Harden, City Manager, City of Delray Beach
File: Roads - Military Trail
General - Landscaping
Municipalities -City of Delray Beach
H:\..\jat\97-98.lsc\agr-ltr. del
'An Equal Opportunity
Affirmative Action Employer'
~ printed on recycled paper
FINANCIAL ASSISTANCE AGREEMENT FOR CITY OF DELRAY BEACH
MILITARY TRAIL BEAUTIFICATION
THIS INTERLOCAL AGREEMENT is made and entered into this
day of , 199__, by and between the CITY OF DELRAY
BEACH, a municipal corporation of the State of Florida, hereinafter
"CITY", and PALM BEACH COUNTY, a political subdivision of the State
of Florida, hereinafter "COUNTY".
WI TNE S S E TH:
WHEREAS, the CITY is undertaking the installation of
landscaping improvements, including any irrigation as may be
necessary, hereinafter "IMPROVEMENTS", on the COUNTY'S Military
Trail from the C-15 Canal to Linton Boulevard; and
WHEREAS, the COUNTY believes that such efforts are in the best
interest of the CITY and the COUNTY and therefore wishes to support
that effort by providing a reimbursement contribution in an amount
not to exceed TEN THOUSAND and 00/100 DOLLARS ($10,000.00) or fifty
percent (50%), whichever is less, to the CITY for the installation
of the IMPROVEMENTS; and
WHEREAS, after installation, the CITY will be responsible for
the maintenance of the IMPROVEMENTS; and
WHEREAS, the CITY and COUNTY now wish to enter into an
agreement to provide for the COUNTY'S contribution toward the
funding of the CITY'S IMPROVEMENTS; and
WHEREAS, the COUNTY has established an allocation in its
budget to provide sufficient funding for this reimbursement.
-1-
NOW, THEREFORE, in consideration of the mutual covenants,
promises, and agreements herein contained, the parties agree as
follows:
1. The COUNTY grants to the CITY an amount not to exceed TEN
THOUSAND and 00/100 DOLLARS ($10,000.00), or fifty percent (50%),
whichever is less, of the cost of the initial cost for installation
of landscaping IMPROVEMENTS, including any irrigation as may be
necessary, in the median of the COUNTY'S Military Trail from the C-
15 Canal to Linton Boulevard.
2. The COUNTY agrees to pay the CITY the amount established
in paragraph 1 for costs (materials and labor) associated with
installation of the IMPROVEMENTS and excludes any costs associated
with permitting, design fees, other professional fees, printing,
maintenance and hardscape IMPROVEMENTS (curb, paver bricks, etc.).
An exception is that reimbursable costs may include the maintenance
costs for an establishment period not to exceed 180 days from the
date of original installation. Where necessary, tree grates may
also be considered as a matching cost.
3. The COUNTY shall have no obligation to the CITY or any
other entity or person in excess of the amount provided in
paragraph 1.
4. The CITY agrees to assume all responsibility for design,
bidding, contract preparation, and contract administration for the
installation of the IMPROVEMENTS, including payment(s) to
contractor(s), pursuant to all applicable governmental laws and
regulations and will comply with all applicable governmental
landscaping codes and permitting requirements in the selection and
installation of the IMPROVEMENTS. The CITY agrees to install the
-2-
CI~ OF DEL~y BEACH MILIT~Y T~IL B~IFI~TION
IMPROVEMENTS substantially in accordance with the plans,
specifications, and costs submitted as part of the County's
permitting process. Substantial variations from the submitted plans~
shall require prior written approval from the County Engineer's
Office. The final permit drawings must be signed and sealed by a!
registered Landscape Architect experienced in roadway!
Florida
planting and familiar with the COUNTY'S Streetscape Standardsi
Manual. i
5. The CITY will obtain or provide all labor and materials
necessary for the installation of IMPROVEMENTS. The minimum
requirement for plant stock is Florida Grade ~mBer i or better, as
per Florida Department of Agriculture Consumer Services Grades an~i
Standards for Nursery PlantR (most current edition) and must be so
specified on plans. This requirement is subject to inspection by
a designee of the Assistant County Engineer (such as the County.
Forester). The COUNTY will have the final determination of
eligibility for reimbursement in terms of this requirement being
met. The CITY shall furnish the Assistant County Engineer of the
COUNTY'S Department of Engineering and Public Works with a request
for payment supported by a statement from a Florida registered
Landscape Architect that the IMPROVEMENTS were installed
substantially in accordance with the plans for the IMPROVEMENTS,
and invoices or such other documentation which is acceptable in
form and detail to the COUNTY to provide for verification that the
services and/or materials have been performed and received by the
CITY. Any in-kind materials and/or labor which is included as part
of the matching costs must be reasonably documented.
-3-
6. The CITY agrees to be responsible for maintenance of the
IMPROVEMENTS following the installation and shall be solely
responsible for obtaining and complying with all necessary permits,
approvals, and authorizations from any federal, state, regional, or
county agency required for the subsequent maintenance of the
IMPROVEMENTS. The IMPROVEMENTS installed under this Agreement will
at all times be maintained so as to be visible to the public so as
to enhance the appearance of Military Trail.
7. All installation of these IMPROVEMENTS shall be completed
and final invoices submitted to the COUNTY no later than June 30,
1999, and the COUNTY shall have no obligation to the CITY or any
other entity or person for any cost incurred thereafter unless the
time for completion is extended by modification of this Agreement
as provided herein. Also, any work performed prior to the COUNTY.S
allocation of these funds on November %, 1997, is not considered
eligible for reimbursement under this Agreement.
8. The CITY recognizes that it is an independent contractor,
and not an agent or servant of the COUNTY or its Board of County
Commissioners. In the event a claim or lawsuit is brought against
the COUNTY, its officers, employees, servants or agents, the CITY
hereby agrees to indemnify, save and hold harmless the COUNTY, its
officers, employees, servants or agents and to defend said persons
from any such claims, liabilities, causes of action and judgments
of any type whatsoever arising out of or relating to the existence
of the IMPROVEMENTS or the performance or operation of this
Agreement, to the extent permitted by law. The CITY agrees to pay
all costs, attorney's fees and expenses incurred by the COUNTY, its
officers, employees, servants or agents in connection with such
-4-
czw 0F DEL~y B~CH ~ZL~?~Y ?~ B~ZFX~TXO~
claims, liabilities or suits. Furthermore, the CITY stipulates that
the extent of the COUNTY'S liability pursuant to this Agreement
shall be limited solely to its aforementioned payment obligation.
9. The CITY shall require each contractor engaged by the
CITY for work associated with this Agreement to maintain:
a. Workers' Compensation coverage in accordance with
Florida Statutes, and;
b. Commercial General Liability coverage, including
vehicle coverage, in combined single limits of not less
than ONE MILLION AND 00/100 DOLLARS ($1,000,000.00). The
COUNTY shall be included in the coverage as an additional
insured.
10. In the event of termination by the CITY, the CITY shall
not be relieved of liability to the COUNTY for damages sustained by
the COUNTY by virtue of any breach of the contract by the CITY and
the COUNTY may withhold any payment to the CITY for the purpose of
set-off until such time as the exact amount of damages due the
COUNTY is determined.
11. The COUNTY and the CITY agree that no person shall, on
the grounds of race, color, national origin, sexual orientation,
religion or creed, sex, age, or handicap be discriminated against
in performance of the Agreement.
12. This Agreement represents the entire understanding
between the parties, and supersedes all other negotiations,
representations, or agreements, either written or oral, relating to
this Agreement.
-5-
13. Ail notices required to be given under this Agreement
shall be in writing, and deemed sufficient to each party when sent
by United States Mail, postage prepaid, to the following:
AS TO THE COUNTY
Palm Beach County Department of
Engineering and Public Works
Assistant County Engineer
Post Office Box 21229
West Palm Beach, Florida 33416-1229
AS TO THE CITY
Nancy Davila, Horticulturist
City of Delray Beach
100 NW First Avenue
Delray Beach, FL 33444
An additional notice shall be addressed to:
David Harden, City Manager
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
14. In the event that any section, paragraph, sentence,
clause, or provision hereof is held invalid by a cour~ of competent
jurisdiction, such holding shall not affect the remaining portions
of this Agreement and the same shall remain in full force and
effect.
15. This Agreement shall be construed and governed by the
laws of the State of Florida. Any and all legal action necessary to
enforce the Agreement shall be held in Palm Beach County. No remedy
herein conferred upon any party is intended to be exclusive of any
other remedy, and each and every other remedy shall be cumulative
and shall be in addition to every other remedy given hereunder or
now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right,
-6-
CI~ OF DEL~Y BEACH MILIT~¥ T~IL BEA~IFI~TION
power, or remedy shall preclude any other or further exercise
thereof.
16. Any costs or expenses (including reasonable attorney's
fees) associated with the enforcement of the terms and conditions
of this Agreement shall be borne by the respective parties~
provided, however, that this clause pertains only to the parties to
the Agreement.
17. Except as expressly permitted herein to the contrary, no
modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written
document executed with the same formality and equality of dignity
herewith.
18. Each party agrees to abide by all laws, orders, rules and
regulations which relate to or affect the procurement, award of
contracts, installation and maintenance of Canal, pavement, curbing
and guardrail.
19. The parties to this Agreement shall not be deemed to
assume any liability for the negligent or wrongful acts, or
omissions of the other party. Nothing contained herein shall be
construed as a waiver, by either party, of the liability limits
established in Section 768.28, Florida Statutes.
20. Each party will promptly notify the other of any citizen
complaint, claim, suit, or cause of action threatened or commenced
against it which arises out of or relates, in any manner, to the
performance of this Agreement.
21. The parties expressly covenant and agree that in the
event either party is in default of its obligations under this
-7-
Agreement, the party not in default shall provide to the defaulting
party thirty (30) days written notice exercising any of its rights.
22. The preparation of this Agreement has been a joint effort
of the parties, and the resulting docuz~ent shall not, solely as a
matter of judicial constraint, be construed more severely against
one of the parties than the other.
23. A copy of this Agreement shall be filed with the Clerk of
the Circuit Court in and for Palm Beach County, Florida.
24. This Agreement shall take affect upon execution and the
effective date shall be the date of execution.
(INTENTIONALLY LEFT BLANK)
-8-
CI~ OF DEL~Y BEAm MILIT~Y T~IL BEA~IFI~TION
IN WITNESS WHEREOF, the undersigned parties have executed this
Agreement on the day and year first above written.
CITY OF DELRAY BEACH
(CITY SEAL) CITY OF DELRAY BEACH,
BY ITS CITY COMMISSION
ATTEST:
By: By:
CITY CLERK MAYOR
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
By:
CITY ATTORNEY
PALM BEACH COUNTY
(COUNTY SEAL) PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
ATTEST:
DOROTHY H. WILKEN, CLERK
By: By:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
ASSISTANT COUNTY ATTORNEY
H:\...\JAT\9?-98.LSC\AGR-FP~4.DEL (~rCh 5, 1998}
-9-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~!
SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF MARCH 17, 1998
AUTHORIZATION FOR LETTERS IN SUPPORT OF SUPERFUND REFORM
LEGISLATION
DATE: MARCH 13, 1998
Attached is correspondence from LGSR (Local Governments for Superfund
Reform) concerning the need for Superfund reform legislation. There
are a number of proposals being considered, although the major
message that should be sent to Congress is the need to cap the amount
of response costs for municipalities. The current site-by-site
fundraising system has cost municipalities, and in turn local
taxpayers, millions of dollars without providing adequate cleanup.
Authorization is requested for the Mayor to sign letters urging our
United States Congressional members to enact Superfund reform
legislation in 1998. A copy of the letter proposed to be sent is
attached.
I recommend the Commission authorize the letters in support of
Superfund reform legislation.
ref:agmemol5
CITY DF I]ELR#Y BEACH
DELRAY BEACH
100 N.W. 15t AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
---~Ntm~i.C~ March 17, 1998
~99~The Honorable Bob Graham U.S. Senate
524 Hart Senate Office Buildin~
Washington, D.C. 20510
Re: Need to Enact Superfund Leqislation This Year
Dear Senator Graham:
We are writin~ to strongly urge you to enact Superfund reform
legislation this year. It is time for Congress to provide every
citizen who lives near a Superfund site with a law that will
remove the risk from that site in an expeditious manner.
The current liability system makes it virtually impossible for
local ~overnment managers to fulfill our four major
responsibilities at Superfund sites, which are: (1) eliminating
the risk in a timely manner; (2) protectin~ the local tax base
and the economy; (3) returnin~ polluted, non-productive land to
productive, taxable status when practical; and (4) controllin~
costs at those sites.
As Superfund legislation is considered this Congress, we ask you
to assure that liability is capped for municipalities at 10% of
the response costs for "small" (less than 100,000 population)
municipalities, or 20% of the response costs for "large" (over
100,000 population) municipalities.
Many municipalities throughout the country have owned and
operated municipal landfills as a public service in accordance
with the law, and in turn local taxpayers have been forced to pay
millions of dollars without significant cleanup results. This
flawed system must be fixed now.
We appreciate you consideration of our request and look forward
to working with you to achieve meaningful and comprehensive
Superfund reform in 1998.
Sinc~ely,~ /
~- J~/m
~ P~ On Recycled Paper
LGSR
~'~ 0 (~,~ Hutchinson, Kansas 67504-1567
Telephone 316-694-2891
Fax 316-694-2673
Local Governments for Superfund Reform
February 4, 1998
David T. Harden
City Manager
City of Delray Beach
100 N.W. 1st Ave.
Delray Beach, FL 33444
Dear Mr. Harden:
In early 1998 there will be a significant amount of activity on Superfund reform in the
House of Representatives as competing reform proposals are considered through separate
legislative committees. There are two major House bills under consideration, and the
leadership will be looking to merge these two vehicles to enhance the probability of
achieving Superfund reform. On the Senate side, no committee markup of S. 8 is
anticipated until further bipartisan negotiations take place.
It will be a race against time to achieve a final compromise on Superfund reform during
this Congress. An incentive to quick action is a funding agreement reached last year.
Under this deal, if a new Superfund law is agreed to by May 15, the Environmental
Protection Agency will receive an additional $650 million it requested in the FY 1998
budget for the program.
Two oversight hearings on Superfund will be held during February in the Commerce
Committee's Finance and Hazardous Materials Subcommittee. One session will focus on
the pace of cleanups, while the other will concentrate on where and how Superfund
moneys are being spent. The Committee believes these hearings will be useful in laying
the groundwork for reform because the EPA claims that major reforms are not necessary.
After the oversight hearings, a hearing on H.R. 3000 will be conducted by the
Committee. H.R. 3000 would exempt any generator or transporter who contributed only
municipal solid waste to a Superfund site. Liability caps on total cleanup costs would be
authorized for municipal owners and operators-small municipalities up 10%, large
municipalities up to 20%.
Commerce Committee Democrats are also expected to introduce legislation by the end of
February. This legislation will seek more flexibility in remedy selection.
Another Superfund reform proposal, H.R. 2727, has been introduced by Rep. Boehlert,
Chairman of the Water Resources and Environment Subcommittee. Liability caps for municipal
owners and operators have not been included in this proposal.
At a hearing held on H.R. 2727 on October 29, 1997, John Weichsel, Town Manager of
Southington, Connecticut, testified on behalf of LGSR. John emphasized the need to "fix the
flawed liability system to make this program work." In particular, he asked the Chairman to
provide adequate relief for the municipal co-disposal situation involving municipal owners and
operators. John's remarks were warmly received, and with the help of Rep. Nancy Johnson and
others it is anticipated that a municipal liability amendment will be included as this bill moves
forward.
On the Senate side, S. 8 would grant relief from Superfund's liability scheme to an estimated
250 co-disposal sites, largely municipal landfills. Liability caps would also be included for
owners and operators based on the size of the municipality. However, the Senate Environment
Committee does not want to move a bill until bipartisan negotiations with the Senate Democrats
and the EPA have been completed.
ATTACHED ARE SAMPLE LETTERS TIIAT WE ASK YOU TO CONSIDER
SENDING TO YOUR HOUSE MEMBERS AND SENATORS. THE MAJOR MESSAGE:
CONGRESS NEEDS TO CAP THE AMOUNT OF RESPONSE COSTS FOR
MUNICIPALITIES BECAUSE THE CURRENT SITE-BY-SITE FUNDRAISING
SYSTEM HAS COST MUNICIPALITIES, AND IN TURN LOCAL TAXPAYERS,
MIl,LIONS OF DOLLARS WITHOUT PROVIDING ADEQUATE CLEANUP.
In tl~e coming months, LGSR will continue to provide input on legislation, participate in
Congressional and EPA discussions, participate in coalition deliberations and generally work '
toward the objective of comprehensive Superfund reform in 1998 that allows local governments
to fulfill our major responsibilities at Superfund sites.
Sincerely,
q.p
Joe J. Palacioz
Chairman, LGSR
City Manager, Hutchinson, Kansas
Letters to your Senator -
The Honorable
U.S. Senate
Washington, D.C. 20510
Letters to your Representative -
The Honorable
U.S. House of Representatives
Washington, D.C. 20515
RE: NEED TO ENACT SUPERFUND LEGISLATION THIS YEAR
Dear
We are writing to strongly urge you to enact Superfund reform legislation this year. It is time for
Congress to provide every citizen who lives near a Superfund site with a law that will remove
the risk from that site in an expeditious manner.
The current liability system makes it virtually impossible for local government managers to
fulfill our four major responsibilities at Supeffund sites, which are: (1) eliminating the risk in a
timely manner; (2) protecting the local tax base and the economy; (3) returning polluted, non-
productive land to productive, taxable status when practical; and (4) controlling costs at those
sites.
As Superfund legislation is considered this Congress, we ask you to assure that liability is
capped for municipalities at 10% of the response costs for "small" (less than 100,000
population) municipalities, or 20% (over 100,000 population) of the response costs for "large"
municipalities.
Many municipalities throughout the country have owned and operated municipal landfills as a
public service in accordance with the law, and in turn local taxpayers have been forced to pay
millions of dollars without significant cleanup results. This flawed system must be fixed now.
We appreciate your consideration of our request and look forward to working with you to
achieve meaningful and comprehensive Superfund reform in 1998.
Sincerely,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~t
SUBJECT: AGENDA IT~,M # ~i REGU~R MEETING OF ~RCH 17, 1~8
SUPPLEMENTAL AGREEMENT WITH ACCURATE LOCATING, INC. FOR
LINTON BOULEVARD UTILITIES
DATE: MARCH 12, 1998
This is before the Commission to approve a supplemental agreement
with Accurate Locating, Inc. to perform additional exploratory
test holes to locate underground utilities along Linton
Boulevard, between Congress Avenue and Military Trail.
The County is planning to widen Linton Boulevard and has
requested existing utility information from the City. During the
initial contract work, the vendor found that the force main
material is PVC (plastic) and not DIP (ductile iron pipe) as we
had anticipated. Because of the apparent PVC material,
additional test holes will be necessary.
The supplemental work will cost an additional $2,730.00, bringing
the total agreement amount of $12,315.00. Funding will be from
Water and Sewer Fund - Other Professional Services (Account
#441-5111-536-31.90).
Recommend approval of the supplemental agreement with Accurate
Locating, Inc.
ref:agmemo5
Agenda Item No. '~
AGENDA REQUEST
Date: 9-Mar-98
Request to be placed on:
X Regular Agenda
Special Agenda
~ Workshop Agenda When: 17-Mar-98
Description of item (who, what, where, how much): Staff requests Commission
aDoroval/authorization for Mayor to execute suD01emental agreement with Ag(;urate Locating. Inc.
to perform additional exoloratory test holes to accurately locate underground utilities along Linton
Blvd.. between Military_ Trail and Congress Avenue. The County_ is 01anning to widen Linton Blvd.
and has reauested existing utility_ information from the City_, This agenda item is a SuDDlement to
an existing agreement with Accurate Locating. Inc. This ~vDplement i~ for $2.730.00. This
additional amount will make the total agreement $12,315,00, Fundirlg will be .orovided from
account # 441-5111-536-31.90,
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT A'CI'ACHED YES/NO
Recommendation: Staff reco,'fi'~'~ds a ~D'~val, ~
Department head signature: J~'~ '~)~~ "~//'~/?¢
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re~luir~d on all~item/~volving expenditure of funds):
Funding availablef~_Y_E~O
Funding alternative'S-" (if applicable)
Account No. & Description 441-5111-536-31,90 Water/sewer Professional Services
Account Balance $ 7.357.43
City Manager Review:
Approved for agenda: ~NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: Ag520.doc
City o f D e I r ay B e a c h . Department of Environmental Services
MEMORANDUM
TO: David T. Harden
FROM: Randal L. Krejcarek, P.E.~)~
DATE: 9-MAR-98
SUBJECT: Linton Blvd. Widening
Military Trail to Congress Avenue
Project # 97-044
Approval to Increase Agreement
The attached agenda item is a request for the City Commission to approve/authorize
the Mayor to execute a supplement to an existing agreement with Accurate Locating,
Inc.
The City has an existing agreement with Accurate Locating, Inc. to locate the horizontal
and vertical locations of the force main along Linton Blvd. During their initial locating
efforts they revealed that the force main material is PVC and not DIP as the City
anticipated. Their initial proposal assumed DIP pipe and therefore the number of
exploratory test holes was minimized. Now, because of the apparent PVC material,
additional exploratory test holes will be required.
The cost is as follows:
Initial agreement $ 9,585.00
This supplemental agreement ~
Total agreement $12,315.00
This work will be funded from account #441-5111-536-31.90, Water/Sewer Professional
Services Account.
enc
cc: Howard Wight
File: Project No.: 97-044 (A)
s: engine~1\engine-1\projects\97-044\contacts~agenda01.mem
02/27/19S8 17:51 5615861171 ACCUPATE LOCATING FL PAGE 02
.~-.i.~.~i i;;I r- /__I~i.~.ll,~vI~S " ._._". ................. ';~.__
~ ........ ~ I lira ..... 1~,/lgtllAVellUe N01~l,Lak'e.WOlth, FL33461
Date: February 27, 1998 (ssi) 588-0790. Fax (561) 586,,1171
Presented to: City of De!ray Beach, Florida
Environmental ,%rvices
Engineering Department
Ph: (561) 243-729g
Fax: (561) 243-7314
Attn: Matthew J. Rier, E.I.
Project name: Linton Boulevard
Field investigation revealed at least 3 force mains and 2 water mains to be PVC material.
This proposal is for additional services to for exploratory test holes to locate these utilities.
The work to be performed and contract fees are as follows.
.Utility' Locatin.q
FEE SCHEDULE:
Air/Vacuum Excavation rig and crew: $195.00 per hour portal to portal.
The additional costs for the uti!ity locating services to be provided are as follows:
14 truck/crew hours @ $195.00 per hour = $ 2.730.00
Total project estimate = $ 2,730,00
02,/27/i998 17:51 5615861171 ACCURATE LOCATING FL PAGE 83
This estimate does not represent a lump sum fee to perform this work. The estimate is
based upcn our best estimate of number of man hours needed. Should the scope of the
project change or field conditions unknown to us at this time warrant, we will request
additional compensation for additional work beyond this estimate. This estimate will not
be exceeded without prior authorization from [he client.
~,/ Jam..s-P~. Leonhardt Date
Project Administrator
Accurate Locating, Inc.
Accepted: ......
Authorized Signature Date
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERial!
.
~UB~CT: ~N~ I~ #~- ~~ ~T~N~ O~ ~0~ ~7, ~
~~ O~D~R #~ =~ ~IN~m ~NT~LUC~S ~IN~
CONSTRUCTION (ATLANTIC DUNES BOARDWALK REPLACEMENT)
DATE: MARCH 12, 1998
This is before the Commission to approve Change Order #1 in the
amount of $6,479.20 and final payment in the amount of $27,204.65
to Lucas Marine Construction, Inc. for completion of the Atlantic
Dunes boardwalk replacement project.
The additional work covered by the change order is for
replacement of rotting and decaying substructure members along
the boardwalk.
Recommend approval of Change Order #1 and final payment to Lucas
Marine Construction, Inc., with funding from the General
Construction Fund - Atlantic Dunes Boardwalk Replacement (Account
~334-4170-572-63.48) .
ref:agmemo6
Agenda Item No.
AGENDA REQUEST
Date: 06 Mar 98
Request to be placed on:
× Regular Agenda
Special Agenda
~ Workshop Agenda When: 17 Mar 98
Description of item (who, what, where, how much):
Staff request City Commission approval of Change Order #1 in the amount of $6,479.20 and Final
Payment in the amount of $27,204.65 to Lucas Madne Construction, Inc., for completion of the
Atlantic Dunes Boardwalk Replacement Project. This add Change Order is for replacement of
rotting and decaying substructure members along the boardwalk. Funding is available from
Account No. 334-4170-572-63.48.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation:
Staff recommends City Commission approval of Change Order #1 in the amount of $6,479.20 and
Final Payment in the amount of $27,204.65 to Lucas Madne Construction, Inc., for completion of
the Atlantic Dunes Boardwalk Re. cement Project.
Department head signature: (_(~ ~~--~. ~-~=. ',-~ o/~
Determination of Consistency with Comprehensive Plan:
City Attomey Review/Recommendation if applicable):
Budget Director Review (re.q~,d on all items involving expenditure of funds .~,~
Funding available: ~E~O ~s/)~.~/j/')t.~ ' - ~'~ .~-
/
/.
Funding altematives (if applicable-):
Account No. & Description
Account Balance .~~ ~,.5--Y',_~. O D
City Manager Review: /
Approved for agenda~O
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\...\9751\agreq0317
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Victor Majteny'~~'
Construction Management Technician
Date: March 10, 1998
Subject: AGENDA REQUEST 03/17~98
Atlantic Dunes Boardwalk Replacement
Attached is an Agenda Request for City Commission approval of Change Order #1, in
the amount of $6,479.20, and Final Payment in the amount of $27,204.65 to Lucas
Marine Construction, Inc., for their completion of the Atlantic Dunes Boardwalk
Replacement Project.
The contract was approved with a $8,000.00 contingency allowance which was used in
its entirety, plus an additional $6,479.20 which requires approval via Change Order #1.
Attached is a letter from Lucas Madne detailing the extra cost incurred as a result of
replacing rotting and decaying substructure members of the boardwalk. With this
Change Order #1, total project cost is at $104,434.20.
Funding for is available from account # 334-4170-572-63.48 through a budget transfer
from account # 334-3162-541-46.90, Sidewalks/Other Improvements. The budget
transfer will be completed by Finance.
cc: Joe Weldon
Dick Hasko
Randal Krejcarek
Agenda file 3/17/98
File 97-51 (A)
s~...~9751~agmm0317
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. One (1) PROJECT NO. 97-051 DATE: March 6, 1998
PROJECT TITLE: Atlantic Dunes Boardwalk Replacement Project
TO CONTRACTOR: Lucas Madne Construction, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO
ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION: Provide additional matedal and labor to complete Boardwalk Replacement per attached
letter dated February 16, 1998.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 97.955,00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 97.955.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 6.479.20
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $104.434,20
PER CENT INCREASE THIS CHANGE ORDER 6.61%
TOTAL PER CENT INCREASE TO DATE 6.60 %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE ~ix CALENDAR DAYS TO 3/6/98
date
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered
opinion, accurate; that the pdces quoted are fair and reasonable and in
proper ratio to the cost of the odginal work contracted for under benefit of
competitive bidding.
CONTRIk/CTOR .b"~c/'~'-''z SIGNATURE (ARCHITEC'F/ENGINEER)
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 334-4170-572-63.48
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By:
DIRECTOR MAYOR
ATTEST:
APPROVED: By:
CITY ATTORNEY CITY CLERK
s:L..\9751~colfinal
FEEl I b 1998
LUCAS MARINE CONSTRUCTI iNC.
P.O. Box 8407 * Hobe Sound, FL 33475 * Telephone (561) 286-5004 Fax (561) 286-I 139
February16,1998
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, FL 33444
Re: Atlantic Dunes Boardwalk Project
Dear Mr. Aquila:
As requested, the following are the materials used and necessary to complete the repairs of
the boardwalk's substructure:
320 ea. 2 x 10 x 12' Stringers 10,944.00
30 ea. 2 x 12 x 12' Crossmembers 1,749.60
180 ea. Removed & relocated stringers 1,785.60
The above along with the alternate handrail increases the cost of the project by
$14,479.20. Th/s mount, less the $8,000.00 contract contingency, creates a net increase
of $6,479.20. As previously mentioned, thi~ was primarily caused by additional mater/als
needed to repair the areas where the ~aming was in contact with the ground. The
majority of the framing in these areas needed to be replaced due to rotting and decay.
This eonclition could not be detected untSl the demolition phase.
Should you have any questions please call
Sincerely, ~ ~ ~,
Wade F. Diekman
Chief Estimator
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~Jl
~UB~C~: ~,ND~ IT~ # ~-~ ~ R~,~ ~TI~ O~ ~RC~ ~, ~8
RESOLUTION NO. 20-98
DATE: MARCH 12, 1998
This is a resolution assessing costs for abatement action
necessary to remove junked vehicles from five (5) properties
located within the City. The resolution sets forth the actual
costs incurred and provides the mechanism to attach liens on
these properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 20-98 assessing costs for
the removal of junked vehicles from five (5) properties within
the City.
re f: j vagmemo
RESOLUTION NO. 20-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 90 of the Code of Ordinances, removed junked
and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated represent-
ative has determined that a nuisance existed in accordance with the
standards set forth in Chapter 90 of the Code of Ordinances, and did
furnish the respective owner(s) of the land(s) described in the
attached list with written notice of public nuisance pursuant to
Sections 90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to remove said
junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as
required by Chapter 90 of the Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 90 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid; and,
WHEREAS, the City Commission of the City of Delray beach,
pursuant to Chapter 90 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 10 That assessments in the individual amounts as
shown by the report of the City Manager of the City of Delray Beach,
involving the City's cost of abating the aforesaid nuisances a copy of
which is attached hereto and made a part hereof, are hereby levied
against the parcel(s) of land described in said report and in the
amount(s) indicated thereon. Said assessments so levied shall, if not
paid within thirty (30) days after mailing of the notice described in
Section 3, become a lien upon the respective lots and parcel(s) of land
described in said report, of the same nature and to the same extent as
the lien for general city taxes and shall be collectible in the same
manner and with the same penalties and under the same provisions as to
sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and
binding obligations upon the property against which said assessments
are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable
within thirty (30) days after the mailing date of said notice of
assessment, after which a lien shall be placed on said property, and
interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein and shall become due and payable thirty (30) days after the
mailing date of the notice of said assessment(s), after which a lien
shall be placed on said property(s), and interest shall accrue at the
rate of eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
-2- Res. No. 20-98
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of
Palm Beach County, Florida, and upon the date and time of recording of
the certified copy of this resolution a lien shall become effective on
the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable
attorney's fee.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 90.06 of the Code of Ordinances,
shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the
day of , 1998.
MAYOR
ATTEST:
City Clerk
-3- Res. No. 20-98
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
TROPIC PALMS PL 1, RICHARD L. MOLKE SR. & $19.00
LOT 298, PB 25, P 99, JEAN A. MOLKE 15.00 (A_DM. COST)
PUBLIC RECORDS OF PALM 739 HERON DRIVE
BEACH COUNTY, FL DELRAY BEACH, FL 33444-1923
(739 HERON DR)
SUNSET PARK DELRAY ARTHUR J & SUSAN C ALGONAS $19.00
LTS 2, 3 & LT 23, 75 NE 6TH AVENUE #106 15.00 (ADM. COST)
PB 12, P 65, PUBLIC DELRAY BCH, FL 33483-5435
RECORDS OF PALM BEACH
COUNTY, FL
(328 SW 10TH ST)
SEACREST PARK, LOT 14, JEAN M. & MARIE J. FRANCOIS $19.00
BLK 11, PB 24, P 33, 8830 SW 123RD COURT, #I-310 15.00 {ADM. COST)
PUBLIC RECORDS OF PALM MIAMI, FL 33186
BEACH COUNTY, FL
(2219 & 2221 NE 3RD AVE)
LAKESIDE TOWNHOMES COMMON LAKESIDE TOWNHOMES ASSN INC. $19.00
PROPERTY AS IN PB 43, C/O CHARRON GRAHAM, PRES. 15.00 (ADM. COST)
P 15, PUBLIC RECORDS OF 1510 AUGUSTA CIRCLE, BOX 15
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445
(1565 AUGUSTA CIR)
SUB OF N 1/2 IF SE 1/4 OF JAMES & HATTIE L. BROWN $466.00
SW 1/4/UNREC/LOT 1, PLAT 802 SW 3RD STREET 15.00 (ADM. COST)
BOOK 1, PAGE 3, PUBLIC DELRAY BEACH, FL 33344-4449
RECORDS OF PALM BEACH
COUNTY, FL
(802 SW 3RD ST)
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY, EXCEPTIONS.
4 RES. NO. 20-98
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
~UB~,CT: ~ND~ IT~.~ ~ ~ ~ - ~~R ~TIN~ OF ~C~ ~, ~8
RESOLUTION NO. 21-98
DATE: MARCH 12, 1998
This is a resolution assessing costs for abatement action
necessary to remove nuisances on 22 properties located throughout
the City. The resolution sets forth the actual costs incurred
and provides the mechanism to attach liens on these properties in
the event the assessments remain unpaid.
Recommend approval of Resolution No. 21-98 assessing costs for
abating nuisances on 22 properties throughout the City.
ref:naagmemo
RESOLUTION NO. 21-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING T~AT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
- 2 - Res. No. 21-98
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1998.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 21-98
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
SEC 28-46-43, ELY 522.52 MIKE L. BLANK $ 97.00
FT OF N 1/4 OF NE 1/4 OF PO BOX 1245 70.00 (A_DM. COST
NW 1/4 LYG W OF FIND DELRAY BEACH, FL 33447
CANAL R/W (LESS S 25 FT
OF E 131.49 FT & NLY
47 FT OF WLY 53 FT FOR
RD R/W IN OR23646 P 784)
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(MCCLEARY STREET)
ESQUIRE SUB, E 200 FT GLENN HAGGERTY $ 61.00
OF LOT 16, PB 23, P 43, 2675 OCEAN DRIVE 70.00 (ADM. COST
PUBLIC RECORDS OF VERO BEACH, FL 32963
PALM BEACH COUNTY, FL
(1036 SW 9TH AVENUE)
SUB OF SEC 20-46-43 GLENN HAGGERTY $ 41.00
SLY 107.15 FT OF 2675 OCEAN DRIVE 70.00 (ADM. COST
NLY 431.15 FT OF VERO BEACH, FL 32963
ELY 122 FT OF E 1/2
OF W 1/2 OF LOT 30
(LESS E 30 FT SW 10TH
AVE IN PB 72, P 142)
PB 28, P 68, PUBLIC
RECORDS OF PALM
BEACH COUNTY, FL
(1127 WALLACE DRIVE)
SUB OF SEC 20-46-43 GLENN HAGGERTY $ 59.00
S 79.82 FT OF N 247.82 2675 OCEAN DRIVE 70.00 (ADM. COST
FT OF E 1/2 OF W 1/2 OF VERO BEACH, FL 32963
LOT 30, LYG E OF
GERMANTOWN RD (LESS
E 30 FT, SW 10TH AVE IN
PB 72, P 142), PB 28,
P 68, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL
(1113 WALLACE DRIVE)
LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 45.00
LOT 77, BLK 1, PB 43, 19400 W. DIXIE HWY. 70.00 (ADM. COST
P 152, PUBLIC RECORDS NORTH MIAMI BEACH, FL
OF PALM BEACH COUNTY, FL 33180-2215
(3865 NW 9TH STREET)
4 RES. NO. 21-98
LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 45.00
LOT 79, BLK 1, PB 43, 19400 WEST DIXIE HWY. 70.00 (ADM COST)
P 152, PUBLIC RECORDS NORTH MIAMI BEACH, FL
OF PALM BEACH COUNTY, FL 33180-2215
(3825 NW 9TH STREET)
LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 45.00
LOT 74, BLK 1, PB 43, 19400 WEST DIXIE HWY. 70.00 (ADM COST)
P 152, PUBLIC RECORDS NORTH MIAMI BEACH, FL
OF PALM BEACH COUNTY, FL 33180-2215
(915 SUNFLOWER AVE.)
LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 45.00
LOT 73, BLK 1, PB 43, 19400 WEST DIXIE HWY. 70.00 (ADM COST)
P 152, PUBLIC RECORDS NORTH MIAMI BEACH, FL
OF PALM BEACH COUNTY, FL 33180-2215
(935 SUNFLOWER AVE.)
LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 45.00
LOT 26, BLK 1, PB 43, 19400 WEST DIXIE HWY. 70.00 (ADM COST)
P 152, PUBLIC RECORDS NORTH MIAMI BEACH, FL
OF PALM BEACH COUNTY, FL
(940 NW 43RD AVENUE)
TOWN OF DELRAY, LOTS WILLIE MAE RICHARDSON $ 69.00
7 & 8, BLK 36, PB 5, c/o DOROTHY REEDER 70.00 (ADM COST)
P 38, PUBLIC RECORDS 7 PATTON STREET
OF PALM BEACH COUNTY, FL ISELIN, NJ 08830
(34 NW 3RD AVENUE)
OSCEOLA PARK, LOT 19, WAYNE E. ROSEKE & $ 67.00
BLK 6, PB 3, P 2, ALETHA ROSEKE 70.00 (ADM COST)
PUBLIC RECORDS OF RR 10 BOX 2008
PALM BEACH COUNTY, FL LAKE CITY FL, 32025-8821
(SE 6TH STREET)
SOUTHRIDGE, LOT 1, JAMES J. ST. CLAIR & $ 33.00
BLK 15, PB 13, P 38, KAREN R. ST. CLAIR 70.00 (ADM COST)
PUBLIC RECORDS OF 999 SW 21ST STREET)
PALM BEACH COUNTY, FL BOCA RATON, FL 33486
(2514 BESSIE STREET)
SUNSET PARK DELRAY, ARTHUR J. ALGONAS & $260.00
LOTS 2, 3 & LOT 23, SUSAN C. ALGONAS 70.00 (ADM COST)
PB 12, P 65, PUBLIC 75 NE 6TH AVE # 106
RECORDS OF PALM BEACH DELRAY BEACH, FL 33483
COUNTY, FL
(328 SW 10TH STREET)
5 RES. NO. 21-98
SUB OF SEC 20-46-43 CHERYL A. CARLEY $ 69.00
S 78 FT OF W 168 FT 1200 NORTHFIELD RD. 70.00 (ADM. COST
OF E 1/2 OF W 1/2 WATERTOWN, CT. 06751419
OF LOT 30, EAST OF
GERMANTOWN RD
(LESS E 30 FT OF
SW 10TH AVENUE RD R/W)
PB 1, P 4, PUBLIC
RECORDS OF PALM BEACH
COUNTY, FL
(VAC LOT SOUTH OF
1103 WALLACE DR.)
WEST SIDE HEIGHTS DELRAY HATTIE L. HARDWICK EST. $ 59.00
LOT 4, BLK C, PB 13, c/o G. QUAIL 70.00 (ADM. COST
P 61, PUBLIC RECORDS PO BOX 7043 FDR STATION
OF PALM BEACH COUNTY, FL NEW YORK, NY 10150-1908
(37 NW 10TH AVENUE)
TOWN OF DELRAY, RUBY L. HARRIS $ 47.00
S 37.5 FT OF N 75 FT c/o P. C. WELLS 70.00 (ADM. COST
OF W 130.44 FT OF 7012 SUNNYSIDE LANE
E 155.44 FT OF E 1/2 FT. WASHINGTON, MD
OF S 1/2 BLK 4, PB 1, 20744-4325
P 3, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(NW 7TH AVENUE)
TOWN OF DELRAY, N 50 FT ALAN KLASFELD, TR $ 59.00
OF W 135 FT OF BLK 20, 701 NW 13TH ST. # Bi 70.00 (ADM. COST)
PB 1, P 3, PUBLIC BOCA RATON, FL 33486
RECORDS OF PALM BEACH
COUNTY, FL
(516 NW 1ST STREET)
TOWN OF DELRAY, N 100 FT ROBERT C. BUTLER & $ 69.00
OF W 120 FT OF BLK 25, CYRILLYN Y. BUTLER 70.00 (ADM. COST
PB 5, P 2, PUBLIC 5567 NAYLOR COURT
RECORDS OF PALM BEACH NORCROSS, GA 30092
COUNTY, FL
(NW 5TH AVENUE)
CHATELAINE NO. 1, MICHELE FORD & $ 61.00
LOT 9, BLK 7, PB 29, ROSALYN T. JONES, ET AL 70.00 (ADM. COST
P 95, PUBLIC RECORDS PO BOX 398
OF PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33425
(3601 CHATELAINE BLVD.)
ODMANNS SUB, LOT 23, LEON I. JENKINS & $ 75.00
BLK 4, PB 4, P 53, GAIL R. JENKINS 70.00 (A/DM. COST)
PUBLIC RECORDS OF 16049 RIO DEL SOL
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33446
(21 SW 14TH AVENUE)
6 RES. NO. 21-98
OSCEOLA PARK, LOT 20, JIM SOODEEN & $ 67.00
BLK 104, PB 3, P 2, RASHEEDA J. ABRAHIM 70.00 (ADM. COST)
PUBLIC RECORDS OF 921 SE 2ND AVENUE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483
(317 SE 4TH AVENUE)
ROSEMONT PARK DELRAY, LUCRETIA WALKER $ 41.00
LOT 1, BLK 7, PB 13, 601 SW 8TH AVENUE 70.00 (ADM. COST)
P 60, PUBLIC RECORDS DELRAY BEACH, FL 33444
OF PALM BEACH COUNTY, FL
(601 SW 8TH AVENUE)
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS;
DECLARED NUISANCE.
7 RES. NO. 21-98
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~[~' - MEETING OF MARCH 17, 1998
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: MARCH 13, 1998
Attached is the Report of Appealable Land Use Items for the
period March 2nd through March 13, 1998. It informs the
Commission of the various land use actions taken by the
designated boards which may be appealed by the City Commission.
Recommend review of appealable actions for the period stated.
Receive and file the report as appropriate.
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DfANEDOMINGUEZ, IRE TO~/
DEPARTMENT OF PLANNING A.~ ZON_~G
FROM: /JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF MARCH 17, 1998 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
MARCH 2, 1998 THRU MARCH 13, 1998
The action requested of the City Commission is that of review of appealable
actions which were made by various Boards during the period of March 2, 1998
through March 13, 1998.
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.
City Commission Documentation
Appealable Items Meeting of March 1'7, 1998
Page 2
A. Approved (6 to 0, Martin arrived late), a fiat wall sign for Delray Isuzu,
located at the southeast corner of South Federal Highway and Avenue
B. Approved with conditions (7 to 0), the master sign program for the
Marriott, located at the northwest corner of A-I-A and East Atlantic
Avenue.
C. Approved (7 to 0), the architectural elevation plan associated with the
installation of decorative grills on an existing parking garage openings for
Jar(lin Del Mar, located on the west side of Aol-A, between Ingraham
Avenue and Ocean Terrace.
D Approved with conditions (6 to 1, Sittler dissenting), a request for a color
change for Wolfie'$ Deli Express, located at the southeast corner of
Linton Boulevard and S.W. 10th Avenue. The building will be repainted to
incorporate a peach stucco, red fascia and black banding. The dumpster
will be painted peach.
E. Tabled on a 7 to 0 vote, the site plan modification(Class III) request for
Seacrest Christian School, located at the southeast corner of Seacrest
Boulevard and Gulf Stream Boulevard. The item was tabled in order to
allow the applicant to address on-site vehicular circulation.
F. Approved with conditions (7 to 0), the site plan modification (Class II)
and landscape plan associated with the installation of 32 additional
parking spaces at Levenger's, located on the west side of Congress
Avenue, south of Atlantic Avenue. Concurrently, the Board granted a
request for a waiver to allow the installation of one tree for every 50' in-
lieu of every 30'.
G. Approved with conditions (7 to 0), a site plan modification (Class II)
associated with the establishment of a precision metal products and
fishing reels manufacturing company within an existing industrial building
for Ted Juracsik Tool & Die, located at the northeast corner of N.W. 18th
Avenue and Dr. Carol Krol Way, approximately 420 feet east of Congress
Avenue.
H. Approved with conditions (7 to 0), the site plan modification (Class III), a
landscape plan and architectural elevation plan in conjunction with the
installation of a 120' monopole communication tower for Omnipoint,
City Commission Documentation
Appealable Items Meeting of March 17, 1998
Page 3
located at the South Central Regional Wastewater Treatment Plan on
North Congress Avenue.
I. Approved with conditions (7 to 0) a site plan modification (Class II) and
landscape plan associated with the construction of a 6-space parking lot
for the Delray Dance Conservatory, located on the north side of N.E.
22nd Street, approximately 180 feet east of Seacrest Boulevard.
1. Approved (5 to 0, Diggans and Farrington absent), the request for a
Certificate of Appropriateness associated with an addition to the garage
and a screen porch enclosure on the rear of the main house at 52'1 North
Swinton Avenue. Concurrently, the Board granted a variance reducing
the side interior setback from 10' to 3' for an addition to an existing
garage.
2. Approved (4 to 0, Ames abstained), the Certificate of Appropriateness for
the design elements associated with the construction of a new single
family residence at 327 S.E. 7th Avenue.
3. Approved (5 to 0), the Certificate of Appropriateness associated with
replacement of windows for a contributing single family home at 3'17 N.W.
1st Street.
4. Tabled (5 to 0), the Certificate of Appropriateness associated with a
request to allow existing paint color to remain for the single family
residence located at 4 N.E. 2nd Street. As funding for site upgrades is
being obtained through the Bootstrap program, the Board tabled the item
so that applicant could present a complete listing of proposed site
improvements.
No Regular meeting of the Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR
CITY COMMISSION MEETING
OF MARCH 17, 1998
L-30 CANAL
LAKE IDA ROAD
N.W. 2ND
$.W. 2ND
LOWSON BOULEVARD
UNION BOULEVARD O~
BOULEVARD
·
I
'
I
i
L-58 CANAL C-15 CANAL
C1'~ LI~TS ........... S.P.R.A.B.: H.P.B.:
A. - DELRAY ISUZU 1. - 521 N. SWlNTON AVENUE
B. - DELRAY BEACH MARRIOTT 2. - 327 S.E. 7TH AVENUE
I MILE I C. - JARDIN DEL MAR 3. - 317 N.W. 1ST STREET
I
I
D. - WOLFIE'S DELI EXPRESS 4. - 4 N.E. 2ND STREET
SCALE E. - SEACREST CHRISTIAN SCHOOL
F. - LEVENGERS
KI G. - TED JURACSIK TOOL & DIE
H. - OMNIPOINT TELECOMMUNICATIONS TOWER AT
~ REGIONAL WASTEWATER TREATMENT FACILI~¢
CITY OF DELRAY BEACH, FL I. -- DELRAY DANCE CONSERVATORY
PLANNING ~ ZONING DEPARTMENT
-- OIGII'AI t?Asg ~ SYSTEM --
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
OIT
SUBJECT: AGENDA ITEM # ~-'- REGULAR MEETING OF MARCH 17, 1998
RESCIND BID AWARD AND AWARD TO NEXT LOW BIDDER/SHIP
PROGRAM
DATE: MARCH 13, 1998
On February 17, 1998, the City Commission approved a bid award in
the amount of $22,291.50 to the low bidder, A.F. Dozer
Construction Company, for the rehab of a housing unit under the
SHIP (State Housing Initiatives Partnership) program. Subsequent
to the award, the contractor withdrew his bid because his company
is not able to perform the work within the time period specified
in the bid documents.
In view of the above, Commission is asked to rescind the bid award
to A.F. Dozer Construction Company and approve the award to the
next low bidder, Henry Haywood, in the amount of $22,874.25. The
work involves the rehabilitation of an owner-occupied housing unit
at 502 S.W. 7th Avenue. Funding will be from the SHIP program
(#118-1924-554-49.19).
I recommend that the bid award to A.F. Dozer Construction Company
be rescinded and that the bid be awarded to the next low bidder,
Henry Haywood, in the amount of $22,874.25.
ref:agmemoll
Agenda Item No.: ~/.~
AGENDA REQUEST
Request to be placed on: Date: March 11, 1998
xxxxx Regular Agenda
__ Special Agenda
__ Workshop Agenda
Consent Agenda When: March 17, 1998
Description of item (who, what, where, how much):
CASE# ADDRESS TOTAL SHIP AMOUNT
98-001 SHR 502 SW 7th Avenue $22,874.25
(Example: Request from Atlantic High School for $2,000 to funds project graduation).
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval of affordable housing rehabilitation grant
award through the State Housing Initiatives Partnership program (SHIP) account 118-
1924-554-49.19. (Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55)
Department Head Signature: ~~-~~~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Altematives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for Agenda: /~E~/NO
Hold Until: ('-~
Agenda Coordinator Review:
Received: ~////gff ~//~ .
Placed on ~~~ ~~~.~
u:XwhiteX~dataXship~e
MEMORANDUM
TO: David Harden, City Manager
FROM: Michael Simon, Interim Community Development Coordinator '~y
THRU: Lula Butler, Community Improvement Director ~,,]~
DATE: March 11, 1998
SUBJECT: REGULAR AGENDA
State Housing Initiatives Partnership Program (SHIP) Rehabilitation of
Owner Occupied Unit.
ITEM BEFORE THE COMMISSION
This item is to request City Commissionapproval to rescind the bid awarded at the regular
meeting of February 17, 1998 to A.F. Dozer Construction Company under the SHIP
Rehabilitation Program and approve the award of the bid to the next low bidder, pursuant
to the terms and regulations governing the SHIP Program.
BACKGROUND
The rehabilitation bid was awarded to the low bidder as required under the City's
purchasing guidelines.. The contractor has formally requested permission to withdraw his
bid because his company is unable to perform the work within the time specified in the bid
documents. The low bid amount was $22,291.50. The second low bid by Haywood
Construction is in the amount of $22,874.25.
The grant award is based on the actual cost of the rehabilitation as determined by the low
bidder plus a 5% contingency. The contingency may be used for change orders and all
unused funds remain with the SHIP grant program.
As required by the SHIP program, we will obtain a promissory note from the homeowner
and record it in the public records of Palm Beach County.
Inspection of work is done by the Department of Community Improvement's Building
Inspection and Community Development Divisions. Contracts are executed between the
building contractor and the property owner. The City remains the agent and this office
monitors all work performed by the contractor ensuring compliance according to
specifications and program guidelines. Pay Request forms require both contractor and
homeowner's signatures. The grant recipient has met all eligibility requirements as
specified in the approved Policies and Procedures.
The rehabilitation activity will bring the homes to minimum code requirements by repairing
roofs, electric and plumbing systems and correcting other incipient code violations.
Detailed work write-ups and individual case files are available for review at the
Community Development Division Office.
RECOMMENDATIONS
Staff recommends approval of the request to rescind the bid awarded under Case Number
98-001 SHR to A.F. Dozer in the amount of $22,291.50 and authorize the award of the
same to the second low bidder as listed below. Funds are available under the SHIP
Program.
Case Number Address Contractor Total Grant Amount
98-001 SI-IR 502 SW 7th Ave. Henry Haywood $22,874.25
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET - SHIP PROGRAM REHABILITATION
BID #: 98-014 SHR
APPLICANT: Lucy M. Winton
APPLICATION #: 98-001 SHR
PROJECT ADDRESS: 502 SW 7th Avenue
DATE OF BID LETTERS: January 16, 1998
DATE OF BID OPENING: February 2. 1998
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $
A. F. DOZER, INC. $
ALPHA SOUTH CONSTRUCTION $ 23.640.00
BEST REAL ESTATE, INC.\EDWARD KAPLAN $
CRAFTSMAN PLUS, INC. $
DAKOTA CONSTRUCTION, INC. $ 26.710.00
FIRST CHOICE CONTRACTORS $
HENRY HAYWOOD $ 21.785.00
H.M.P. BUILDERS, INC. $
INTERCONTINENTAL CONST. CORP. $
RAY GRAEVE $
SOUTH FLORIDA CONSTRUCTION $
TOMMY PRESTON $
IN-HOUSE ESTIMATE $ 11~,058,00
CONTRACTOR AWARDED CONTRACT: Henry_ Haywood
BID/CONTRACT AMOUNT: $;21,785.00
COMMENTS: A.F. Dozer. bid amount $21.230.00. previously awarded bid by Commission on February.
17. 1998 but subsequently initiated withdrawal from project.
u:\white\v~vdata\bidinfo, doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~I
SUBJECT: AGENDA ITEM # ~M- REGULAR MEETING OF MARCH 17, 1998
AWARD OF BIDS AND CONTRACTS
DATE: MARCH 13, 1998
This is before the City Commission to approve the award of the
following bids and contracts:
1. Bid award in the amount of $15,418.00 to Martin Fence
Company, via Broward County Contract, for the purchase and
installation of chain link fencing at Pompey Park, with
funding from 001-4127-572-63.40 (Pompey Park Recreational
Improvements) and 115-4924-572-49.90 (Parks & Recreation
Special Projects).
2. One year contract renewal with Jones Chemical and Acme
Utility Products, via City of Boca Raton Co-op Bid, for the
purchase of liquid chlorine, sodium hypochlorite and calcium
hypochlorite at an estimated annual cost of $96,403.50; with
funding in the amount of $93,223.50 from 441-5122-536-52.21
(Water Treatment and Storage/Chemicals) and $3,180.00 from
441-5144-536-52.21 (Lift Station Maintenance/Chemicals).
Bid awards for replacement of City vehicles from various
vendors under State of Florida contract as specified in
Attachment "B", and Florida Sheriff's Association contract
as specified in Attachment "C" Funding is from City Garage
Account #501-3312-591-64.20. Commission is also requested
to cancel the award of a 12-passenger van from Ed Morse
Chevrolet North approved on March 3, 1998.
Recommend approval of the bid actions and contract awards listed
above.
ref:agmemo8
Agenda Item No.:
Request to be placed on: Date: January 16, 1998
_XX_Consent Agenda __Special Agenda __Workshop Agenda
When: February 3, 1998
Description of agenda item (who, what, where, how much): Purchase and installation of
chain link fencing via Broward County Contract #T-03-18-12 from Martin Fence Company for a total
cost of $15,418.00.
ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Purchase and installation of chain link fencing via Broward County Contract
#T-03-18-12 from Martin Fence Company for a total cost of $15,418.00. Funding from account code
#001-4127-572-63.40 and 115-4924-572-49.90
Department Head Signature: (~~~////
Determination of Consistency with ~prehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding
available:
Funding alternatives: (if applicable)
Account No. & Description: .~-,~c- ,,~: /. / ; -~' ~ d '/.~- ? ..
Account Balance:
CiW Manager Review:
Approved for agenda: ~O ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved~isapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: K. Butler, Buyer ~
THROUGH: Joseph Saf~ance Director
DATE: March 6, 1998
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
PURCHASE AND INSTALL CHAIN LINK FENCING
VIA BROWARD COUNTY CONTRACT #T-03~97-18-12
POMPEY PARK
Item Before Commission:
The City Commission is requested to approve the purchase and installation of chain link fencing
for Pompey Park, to Martin Fence Company via Broward County Contract #T-03-97-18-12 for a
total cost of $15,418.00.
Background:
The Parks and Recreation Department is requesting replacement of existing fence which is 8 to
10 years old and damaged due to repeated vandalism.
Funding for this equipment is budgeted in the Parks and Recreation budget, account codes #001-
4127-572-63.40 and #115-4924-572-4990.
The chain link fencing is available for purchase utilizing the Broward County Contract #T-03-
97-18-12. The vendor has agreed to extend the same pricing to the City of Delray Beach, please
see attached letter dated 2/23/98.
Recommendation:
The Purchasing Staff recommends the replacement of chain link fencing to Martin Fence
Company, via Broward County Contract #T-03-97-18-12 for a total cost of $15,418.00. Funding
from account codes #001-4127-572-63.40 and # 115-4924-572-4990.
Attachments
Letter from Martin Fence Company Dated 2/23/98
Broward County Award Letter Dated 8/28/97
Tabulation Sheet
cc: Joe Weldon, Director of Parks and Recreation Department
Roger Ribeiro, Recreation Superintendent
agenda, doc
.05-09-1998 08:58AM MARTIN FENCE CO 1 561 848 4466 P.02
MARTIN PHONE: 561-848-2666. FAX: 561-848-~.~.66
FENCE CO. TOLL FREE: 930-9303- SEBASTIAN TO KEY WEST
862 13TH STREET, LAKE PARK, FLORIDA 33403-2383
LIC. // U10591
Lot' Block: Plat: ....... Page: Subdivision:.
Fence~~~~..~,~ Rail Level ~Fol,o, Contour ~ Barb Up ~-Knuckle'Up
Paneiweave
I hereby authorize the
installation of the fence
in accordance with the
sketch and any attach-
ed specifications and I
agree to assume all lla-
bility and responsibility
for accu,acy of sketches. Total Price/~'-~/~'
Approx. Delivery Date
Less Deposit .. Week of: .
All fence lines must be /,.~..~./~
cleared by customer or C.O.D. on Completion ./~..~_,~_/~::~: ..........
a fee will be charged- This contract subject to Terms and Conditions on reverse side. Oral
$~0 per hour/minimum representation's cannot be relied on. No modifications to this contract
Of I hour. will be honored unless In writing and signed by both parties.
//~~/.~,~j I hereby acknowledge the satisfactory
Customer. completion of the above described work.
Per .................. Salesman.-."X~w/j~ *-' ~-~.~-~t"~~' . Customer.
White copy/Office Canary copy/Installer Green copy/Permit Pink copy/Customer
02-23-1998 10:30AM MARTIN FENCE CO 1 561 848 4466 P.02
MARTIN
FENCE CO.
862 13th STREET, LAKE PARK, FLORIDA 33403-2383
February 23. 1998
City of Delray Beach Purchasing Department
100 N.W. 1st Avenue
Delray Beach. Florida 33444
Martin F~j~e Co- will extend the same price agreement to the City
of Del~ Beach as per Broward County Contract ~T-03~97-18-13.
~o~rt L- G~eene
RLG/ms
PALM BEACH: 561-84.8-2666 - TOLL FREE: 930-9303 · FAX: 561-8484466
Residential - Commercial - Industrial
~2-I:[',-1'9'?z: 1Fl: 1C',AI¥~· hi'AK'TIN FENEE CU 1 561:348 44E,6
Purchasing Division
115 S. Andrews Avenue, Room 212
Fort LOuderdate, FL 33301
BROWA JNTY (~5,~) 357-6065 · I:AX (954) 357-8535
August 28, 1997
Martin Fence Company
862 East Street
Lake Park, FL 33403
Attn: Robert L. Greene, President
.... REFEREN6E:-BID #T~3~97-t8-t2 -,- Chain Unk Feedng -
Dear Mr. Greene:
This is to confirm that the Board of County Commissioners at its Meeting held on August
12, t997 under Agenda Item No. 17 has accepted your Bidl on the above-referenced
solicitation: Groups II, IV, V, VI, VII, VIII
The Contract is in effect for the period beginning August 26, 1997 and ending May 26,
1998. Purchase Order(s) will be placed as and when required.
A copy of this Notice, with a copy of your Bid, including all terms and conditions, is being
forwarded to all Using Agencies.
Thank you for your interest in doing business with Broward County.
Sincerely,
GLENN R. CUMMINGS, Director
Purchasing Division //~ .... '~.,~
,/~ordan London
,/~,drlhasing'/~ Agent II Const_ Specialist
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Agenda Item No.: ~ '~~-
AGENDA REQUEST
Date: March 11, 1998
Request to be placed on:
Consent
XX ~a~ Agenda Spec/al Agenda Workshop Agenda
When: March 17~ 1998
Description of agenda item (who, what, where, how much):
Contract Renewal - Co-op Bid - City of Boca Retch Bid #97-032 - Liquid Chlorine,
Sodium Hypochlorite and Calcium Hypochlorite at an estimated annual cost of
$96.403.50. Vendors - Jones Chemical and Acme lItility ProH,,otm.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
RecommendaTion: One year renewal with Jones Chemical and Acme Utility Products
for purchase of liquid chlorine, sodium hypochlorite and calcium hypochlorite at a
estimated annual cost of $96.403.50~. via the City of Boca Retch Co-op Bid #97-0~q2.
FundinK from account code 441-5122-536-52.21 for $93,22~.~0 and 441-5144-~36-~,21
Department Head Signature: _ in ~ Plan:
Determination of Consistency ~ Comprehe si e '
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involvin~ expenditure
runolng ava~±ao±e: ~ NO £,~6~9~n
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda:Hold Until: ~/ NO ~
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Jacklyn R .~rchasing Supervisor ~~
THROUGH: Joseph Saffo~nance Director
DATE: March 11, 1998
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
MARCH 17, 1998, BID RENEWAL - BID #97-032
CITY OF BOCA RATON CO-OP BID - LIQUID CHLORINE,
SODIUM HYPOCMLORITE AND CALCIUM HYPOCHLORITE
Item Before Commission:
The City Commission is requested to approve the renewal of the contracts
for Liquid Chlorine, Sodium Hypochlorite and Calcium Hypochlorite to Jones
Chemical and Acme Utility Products at an estimated annual cost of
$96,403.50 for the City of Delray Beach.
Background:
The City of Boca Raton is the lead entity for this cooperative bid.
Contracts were awarded to Jones Chemical and Acme Utility Products on April
01, 1997, at the City of Delray Beach Commission Meeting. The City of Boca
Raton will be renewing these contracts at their March 17, 1998, Council
meeting. See attached memo from City of Boca Raton to Co-op Members dated
February 11, 1998.
The vendors have agreed to the one year renewal of this cooperative bid,
per attached letters dated February 5, 1998.
The Manager of the Water Treatment recommends renewal. See attached memo
dated March 06, 1998.
Recommendation:
Staff recommends the one year renewal with Jones Chemical and Acme Utility
Products at an estimated annual cost of $96,403.50. Funding from account
code 441-5122-536-52.21 for $93,223.50 and account code 441-5144-536-52.21
for $3,180.
Attachments:
Memo Dated March 06, 1998, Manager Water Treatment Plant
Memo Dated February 11, 1998, City of Boca Raton
1997 Commission Agenda Package
cc: Richard Hasko, Director Of Environmental Services
Don Haley, Manager Water Treatment Plant
MEMORANDUM
TO: Don Haley, Manager Water Treatment Plant
FROM: Jacklyn Rooney, Purchasing Supervisor ~
DATE: March 06, 1998
SUBJECT: Co-op Bid - Liquid Chlorine, Sodium Hypochlorite and
Calcium Hypochlorite
The current contracts with Jones Chemical and Acme Utility Products for the
purchase of liquid chlorine, sodium hypochlorite and calcium hypochlorite
expires on March 31, 1998, via the City of Boca Raton Co-op Bid 97-032.
The City of Boca Raton is the lead entity for this co-operative bid and
they will be going to their Commission for a one year renewal of this
contract on March 17, 1998.
The vendors have agreed to renew for another year per attached letters.
Please note; Jones Chemical has reduced their pricing to match current
market price of $350 per 1 ton cylinder.
Do you wish to renew these contracts with Jones Chemical and Acme Utility?
If so, please sign~ below and I will proceed with the Commission Agenda
package to renew this contract at the estimated quantities stated in the
1997 agenda award package.
If you have any questions, you may reach me at ext. 7163.
(signature) (date)
cc: Joseph Saf~Finance Director
Richard Hasko, P.E., ESD Director
Attachments:
1997 Agenda Package
Fax From City of Boca Raton M~ 1 0 1998
PURCHASING ~[]C~ ~TON 'Fax:561-~95-?98S Feb ]~ '98 16:42 P.O!
FAX COVER SHEET
CITY OF BOCA RATON pURCHASING DIVISION
201 W. PALME-I-TO PARK ROAD, BOCA RATON, FL
DATE: February 11, 1998 TIME: 3:23 PM
TO: Chlodne Co-OP.Members (Boynton Beach. Delray. Lake Worth, Riviera Beech. West
Palm, S. Central Reg_ wastewater Trot. Plant, Tequesta, Wellington, Lantana)
FROM; Lynn Kunkel PHONE: [561-3§3-7874]
Sr. Buyer, Purchasing Division FAX; [561-393-7983]
RE: Renewal of Chlorine Bid No. 97-032
Number of pages including cover sheet: 5
Summary of Renewals for'the above bid:
1. One Ton Cylinders-Jones Chemical - Renewed with New Price
Upon research of the market pricing in the state of Florida, [ found out that entities in
Palm Beach County were;paying more for Chlorine than other entities statewide. Based
on this data, I requested that Jones chemical match the current market as allowed per
the bid. Jones Chemical has agrecd to decrease their pdce from $374.50 per 1 ton
cylinder to $350.
2_ Sodium Hypochlorite, Bulk - Jones Chemical - Not Renewed
Jones chemical was unabl® to renew the bid price of $ .44/g~ for the sodium
hypochlorite, bulk delivery..Since the usage is minimal for this item, I suggest that those
entities using this product quote it out separately_
3. Sodium Hypochlorite, 55 gal drum - Jones Chemical - Renewed
4_ 150~ Cylinders - Van Waters and Rogers - Renewed
5. Calcium Hypochlorite 100~ drum - Acme Utility - Renewed
Attached are the renewal letters from each firm_ The City of Boca Raton will be putting
this on their March 17, 1998'council meeting.
PURCHASING BOCA RflTON Fax:561-S95-?985 Feb 11 '98 16:42 P. 02
~ ~ - 201 WE~ P~~ P~K .R~ - ~CA RA~ ~ORIOA 33432-a7~8 ' PHON~ (581} a~00
~OR HNING IMPAIRED)T~ (561) R67-704&
Febr~ry 5, 19~8
Ioacs Chemical lr~.
Bill McAilen
600 Corporate Drive, Suite 400
Ft_ Landerdale, FL 33334
$UI~IE~: Bid No. 97~032. Liquid Cldofine, Calcium Hyp0chlorite & Sodium Hypoch/orim
Dear Mr_ McAllen:
Our bid referenced above expires March 31, 1998 for Liquid Chlorine, I ton cylinders and Sodium
Hypochlorite. Aa apecified in tl~ bid, we have an option to renew the exiali.E cnntr.nr! roi' another onc~ year
period if it l~ mutually agreeable to aU parties.
Plea~ advi~e by ~ignature be[ow, if a one year extension 0f our current contract at pric. en n[ated m your bid
., dated February 13, 1997 would be acceptable.
Please c~mplcte mad return tl~ fol~ 1o the Pm'chasing Division by Febnmry 9, 1998. Your response
may b~ faxcd u~in~ City Faxrmmber 561-393-7983 wit~ tl~ original maile, zl to the above address. The City
will also m~l new imuran~ e~rtifieate~ (Workers C0mpen.~tion, General Liability, and Auto Ir~urance) with
the City named aa an additional insured for C~eneral Liability.
If you have any qu~tions, plear~ call me at %1-393-7874.
Sincerely,
gr. Buyer
c: Bid File
X lhat~byagreetoaoneyearextestaiouoftheaubjectbtd. $350.00 pe~: con--please see
anvamxod ~.~tto~-
I am unable to extend thc bkt prices for an additional one year period.
Date
Name (Print) Title
· AN I~.t'Jl.l&~ Ol~C)I~TUNITY EMPLOYEI~ --
PURCHASING BOCR ~RTON Fax:561-393-?983 Feb 11 '98 16:43 P. 03
F"E]5-11d-l'.,-1"gU ll;Id~ JLI'~5 I...t-I1:~1: I-I LIII. ID~--.~JJHLI~ ',*',~ ~2I- .I.~1'4 r.~.,l~,
Fcbtuax7 10,1998
City of Boca Raton
City Hall
201 West Palxnetto Park Road
Boca Raton, l~lorida 33432-3795
Arm: Lynn Kurdcel, CPPB Sr. Buyer
Dear Ms. Kunkel:
Jones Chemicals, Inc. ts pleased to quote you the following price for flae City of Boca Raton ~xt
the Coop at $350.00 per ton starting April 1, 1998 to March 31,1999.
Our price for Sodium FIypochlorite for the period above, mentioned will be .45 cents per gallon
delivered.
We will continue to supply you with a quality pr0dttct as well as timely deliveries and other
services that are deemed necessary.
Very truly yoursta~
Bill MeEowl~
BM:mw
Jogl~ Chcrn;c~, lt~. 600 Gar~;~nte IDrivc, Suite 44J0. ti. l~,ra~ie, rlorkl~ ~5.~1~4 TEl- {gsa) 491-~9o~z FAX (9.%¢) 49 I.
TOT~_ P.
PURCHASING BOCA ~ATON Fax:561-S93-?98S Feb 11 '98 16:z~S P. OZ]
PL~Ih~ BOCR ~TON ~'ax:S,~t-SgtB-~.'?qo,~qo,~qo,~qq~. Feb 5 '~ 14:~ P.O~
(
F~ry ~, 1998
P.O. Box 810395 ,;.
SUIU]ECT: Bid No, 97-0~. Liquid Chlorine, ~i~m Hyt~ochlo~&
In t~ bid, we have an ~n to r~w ~ eXt~i~ conU'a~ for ~o~er
agreeable ~o ~1
Plv~ a~ ~ sig~ro:~l~, ~ a o~ year ~0nsion of o~ cu~cnt co~raet at p,k~ st.,~ In you~
~ ~[e/c ~ ~ M ~m h~ ~ Purc)m~[.~ ~risi~ by ~ebr.ary ~, 19~, Your
a~ A~ ~nee) w]~ 1he C~ ~ u ~n ~hto~] i~ur~d ~or Gene~ Uablll~y.
If you ~vm ~y quahog, p]~ ~]1 me U 561-39~-7874.
~el, CPPB
_ I ~.ble ex~ ~e O~ pdce~ for ~n a~ie~ o~ y~r p~od.
PURCHASING BOCFI ~,FITON ' Fax:S61-393-?983 Feb 11 '98 16:44 P. 05
T~ ~ 3~19
~~: ~d ~o, ~32, U~'~, ~lci~ H~loritc ~ S~ ~ochlor~e
the bi~. we ~ ~ ~on to ~ ~ ~ ~ for anm~ o~ ~r ~riod if ~ is ~ut~Uy
PJ~e ~ ~ ~r~ ~io~. ~ x'~ yc~' ~ion of our ~ ~nU~ ~c prie~ ~r~ fn ym~r
bid ~ F~~, I ~ wo~ ~ aoe~b]c.
~_ ~e Ci~ ~ a~;.~ ~w ~n~ ~l~ot~ (Workera Com~o~, ~tal Liability,
Sr. Buyer
~ I hereby tgrcc to · one y~mrexiermiou of the subJtcc bid.
Si~a~ Da,to
N~m ~nt) ri~e
FF~ ~; '~m~ t3'.38 .561. 393 ~ P~.O1
CITY OF DELRAY BEACH REQUIREMENTS
DESCRIPTION EST. QTY. UNIT PRICE TOTAL PRICE VENDOR
Chlorine - 1 Ton Cyliners
Water Treatment Plant 235 each x $ 374.50 ton = $ 88,007.50 Jones Chemicals
Sodium Hypochlorite p/gal. 8000 gal. x $ .44 gal. = $ 3,520.00 Jones Chemicals
Water Treatment Plant
Calcium Hypochlorite p/lb. 1600 lbs. x $ 106.00 drum = $ 1,696.00 Acme Utility
Water Treatment Plant p/100 lb.drum Prod.
Utility Maintenance 3000 lbs. x $ 106.00 drum = $ 3,180.00 Acme Utility
p/100 lb. drum Prod.
TOTAL $ 96,403.50
Water Treatment Plant
Acct. #441-5122-536-52.21 .......... $ 93,223.50
Waste Water Utility Maintenance
Acct. #441-5144-536-52.21 .......... $ 3,180.00
Price Breakdown Per Vendor:
Jones Chemicals $91,527.50
Acme Utility $ 4,876.00
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~'Robert A. Barcinski, Assistant City Manager
DATE: March 10, 1998
SUBJECT: CONSENT AGENDA ITEMS # CITY COMMISSION MEETING
MARCH 13, t998
BID AWARD - REPLACEMENT VEHICLES
Action
City Commission is requested to approve bid awards for replacement of City vehicles per
staff recommendation, and cancel the award of a 12 passenger van to Ed Morse Chevrolet
Nodh.
Background
City vehicle replacements are requested on an annual basis due to age, mileage, repair
costs, or a combination of the above. Attachment "A" is a partial list of the vehicles being
recommended for replacement. Other vehicles for replacement for the current FY were
awarded at your 3/3/98 meeting. At that time Commission approved an award for a 12
passenger van for the Fire Department under the State Contract from Ed Morse Chevrolet
North. We have since learned that we cannot obtain this vehicle from this vendor.
Recommendation
Staff recommends various bid awards from State of Florida Contract, as specified in
Attachment "B" and from the Florida Sheriffs Association Contract, as specified in
Attachment "C". These unit costs include various options and extended warranties on all
vehicles. Not included are some option items that we will acquire from other vendors (i.e.,
utility bodies and hoists.) Commission is also requested to cancel the award of the 12
passenger van from Ed Morse Chevrolet approved 3/3/98.
Funding is available from City Garage Account #501-3312-591-64.20. A total of $93,000 will
be received thru a state grant to help offset part of the cost of the CNG (Natural gas)
vehicles.
Attachments
c: Richard Overman
David Junghans
Hoyt Owens
File:u:sweeney/agenda
Doc:022698al .doc
City of Delray Beach
Proposed Vehicle Replacement List
FY 97/98
Attachment "A"
1 404 Water Dist FORD F-250 3/4 Ton Ufil Body 1986 95,338
2 450 Sewer System FORD F-250 3/4 Ton Uffi Body , , ,1986 83,337
3 452 Lift Station Maint FORD F-250 3/4 Ton Util Body 1986 73,950
4 466 Lift Station Maint FORD F-250 3/4 Ton Util Body 1986 79,807
5 203 Purchasing FORD F-150 Cargo Van 1986 46,350
6 419 Lift Station Maint FORD Aerostar Cargo Van 1986 83,290
7 674 Engineering I DODGE ARIES 4 Door Sedan 1986 45,796
8 1816 Police Support GMC VAN Cargo Van 1986 45,533
9 675 Construction Serv. DODGE ARIES 4 Door Sedan 1986 59,766
15 482 Engineering I GMC Jimmy Economy Utility 1986 64,000
14 8803 Fire Crown Vic 4 Door Sedan 1988 110,000
Page 1
City of Delray Beach
Proposed Vehicle Replacement List
FY 97-98
Attachment "B" State Contract
I Don Reid Ford 1998 Ford F-250 CNG 070-500-622 3/4 Ton P/U 25,177 25,177
2 Don Reid For_d 1998 Ford F-250 CNG 070-500-622 3/4 Ton P/U 25,177 50,354
3 Don Reid Ford 1998 Ford F-250 CNG 070-500-622 3/4 Ton P/U 25,177 75,531
4 Don Reid Ford 1998 Ford F-250 CNG 070-500-622 3/4 Ton P/U 25,177 100,708
5 Don Reid Ford 1998 Ford E-250 CNG 070-300-505 Cargo Van 21,863 122,571
6 Don Reid Ford 1998 Ford E-250 CNG 070-300-505 Cargo Van 21,863 144,434
--7 Don Reid Ford 1998 Ford F-250 CNG 0~0-500-622 3/4 Ton P/U 21,106 165,540
8 Don Reid Ford 1998 Ford E-2~0 CNG 070-300-505 Cargo Van 24,183 189,723
9 Don Reid Ford 1998 Ford ~-250 CNG 070-500-622 3/4 Ton P/U 21,106 210,829
Page 1
City of Delray Beach
Proposed Vehicle Replacement List
FY 97/98
Attachment "C" Florida Sheriffs Assn.
15 Regency D 1998 Dodge Ram 150 1/2 Ton Pickup Truck Spec. #08 15,790 15,790
14 Don Reid 1998 Ford E350 12 Passenger Van Spec#17 21,529 21,529
Page 1
£1T¥ OF DELIlI:Iq BEI:I[H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity
TO: David 1. Harden, City Manager
993 FROM: ~J~obert A. garcinski, Assistant City Manager
DATE: March 11, 1998
SUBJECT: AGENDA ITEM # OITY OOMMI$$1ON MEETING MARIDH '17, '1998
INGRAHAM AVENUE PARKIN(~ LOT
Action
City Commission is requested to provide staff direction concerning the mix of
metered spaces, permit only spaces, and Sandoway House/Volunteer spaces to
be assigned in the Ingraham Avenue parking lot.
Background
At a regular City Commission meeting held on February 18, 1997, City
Commission designated the Ingraham lot as a permit only lot and directed staff
to monitor the lot over a one year period to determine utilization. This has been
done. A copy of my February 10, 1998 memo is attached which shows the
average utilization of this lot for different days of the week.
Renovations to the lot will be completed within the next month. When
completed, the lot will have a total of 60 spaces which includes three (3)
handicapped spaces. I have recently received a request from the Friends of
The Sandoway House to reserve ten (10) spaces in this lot for staff and volunteer
parking.
Based on the request received from the Friends of the Sandoway House and lot
utilization, I am recommending that we:
1. Resewe ten (10) spaces for staff and volunteers of the Sandoway House.
2. Mark fourteen (14) spaces for permit parking only.
3. Meter the remaining thirty-three (33) non-handicapped spaces.
Recommendation
Request City Commission consideration of staff recommendations for the
Ingraham lot.
RAB/tas
File:u:sweeney/agenda
Doc:03119Sa.doc
THE EFFORT ALWAYS MATTERS
Print~d on Recycled Paper
MF_.MO DUM
TO: David T. Harden, City Manager
FROM: {Zj~obert A. Barcinski, Assistant City
Manager
DATE: February 10, 1998
SUBJECT: INGRAHM AVENUE PARKING LOT
On February 18, 1997, City Commission directed that all 49 spaces in this lot remain
"permit only" and requested staff to perform spot surveys of this lot to determine
utilization. The Police Department has assisted in this review.
The average utilization of this lot since the end of September has been as follows:
Monday - Thursday 4 - 6 vehicles
Fridays 6 - 10 vehicles
Saturday/Sunday 10 - 12 vehicles
From these results it appears that the maximum utilization (permit holders) has been 12
vehicles. The Fdends of Sandoway House Nature Center, Inc. have indicated that they
will need approximately 7 - 10 spaces for employees and volunteers as well as another
20 - 25 spaces for visitors to the Center. This does not include any space that may be
needed for bus parking. They have indicated that they would not want to charge site
visitors for parking.
It appears from existing utilization and future needs there would not be an opportunity to
install meters.
RAB/sdl
c: Alison Harty, City Clerk
File:u:sweeney/asmemos
Doc:021098c.doc
downtown and beach areas of the City. The taxis are operated by
a driver who may either pedal manually or who may be assisted
mechanically with a small moped motor. The pedi-cab taxi service
will be available seven (7) days a week from 9:00 a.m. to 11:00
p.m. (possibly as late as 2:00 a.m. on Friday and Saturday nights
to take the bar patrons home). She reported that staff had done
some research and found that in other places where this service
is available, the comments overall were favorable. Since the
City does not currently have an ordinance which deals with
non-motorized transportation, the City would have to establish an
ordinance and have a license agreement with the company. Before
getting into that, staff wanted to bring it to the Commission to
see if there is interest in pursuing it.
Mr. Egan commented that with the resurgence of the
downtown area, alot of things have happened very quickly and
there are alot of issues to be dealt with. Instead of just
outright saying no to this particular use, he recommended that it
be put on hold for a period of time until some decisions are
reached about a number of other issues affecting the downtown,
such as valet parking, lighting concerns, traffic signals and
flow, and noise concerns.
On question from Mayor Alperin, the City Attorney
stated her position is that the contemplated pedi-cab service is
a use not permitted at this point within the City and which is
not allowed to use the City's rights-of-way.
Mr. Randolph expressed concern about any liability the
City may be held responsible for due to any accidents which may
occur with the pedi-cabs on City streets. He felt it imperative
that if and when an ordinance is created, it must be very clear
that the City is not to be and will not be held liable for these
types of things.
Mayor Alperin stated that he has some reservations
about the moped motor, and expressed concern about the potential
for such a use to further inhibit traffic flow in the downtown.
In addition, the use would have to be considered on a temporary
basis and there would need to be a limitation on how many pedi-
cabs and operators would be allowed.
It was the consensus of the Commission to defer any
action regarding this item until other issues currently pending
with respect to the downtown have been dealt with.
At this point, the time being 7:25 p.m., the Commission
moved to the duly advertised public hearings portion of the
agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 3-97: An ordinance amending Section
71.060, "Parking Meter Permits", of the City Code by amending the
-11- 2/18/97
section heading to delete the word 'meter', and by removing the
'residents only permit' parking restriction; amending Section
71.058, "Cost of Parking or Standing Vehicle in Certain Metered
Spaces", by adding the Ingraham Avenue parking lot. Prior to
consideration of passage of this ordinance on Second and FINAL
Reading, a public hearing has been scheduled to be held at this
time.
The City Manager presented Ordinance No. 3-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 71, "PARKING REGULATIONS", SECTION
71.060, "PARKING METER PERMITS", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING THE SECTION HEADING TO DELETE THE
WORD 'METER', AND BY REMOVING THE 'RESIDENTS
ONLY PERMIT' PARKING RESTRICTION; AMENDING
SECTION 71.058, "COST OF PARKING OR STANDING
VEHICLE IN CERTAIN METERED SPACES", BY ADDING
THE INGRAHAM AVENUE PARKING LOT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AND EFFECTIVE DATE.
(Copy of Ordinance No. 3-97 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. A
public hearing was held having been legally advertised in compli-
ance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida.
Mayor Alperin declared the public hearing open.
Don McHuqh, 200 South Ocean Boulevard/Jardin Del Mar,
stated that in view of what the Commission decided on Item 9.B.,
he felt it would be appropriate for the Commission to defer
action on this ordinance until the City talks to the County.
Joan Baccari, speaking on behalf of the Beach Property
Owners Association, expressed concern over the way this ordinance
is written and feels there are two concerns which need to be ad-
dressed. One is that the ordinance does not state which parking
lots will have the permit parking spaces, nor does it state how
many total parking spaces will be for permit parking. The
parking spaces required by the County can be provided elsewhere
so permit parking could remain at the Ingraham lot.
Kathy Stokes, 1220 Southways, submitted for the record
her letter to City Attorney Susan A. Ruby dated February 13,
1997, regarding resident only parking. She stated that she does
not have a problem with making a compromise to go from resident
only permit parking to general permit parking. However, she
-12- 2/18/97
asked that the ordinance be clarified to clearly reflect what
lots and how many spaces will be available for permit parking.
Alice Finst, 707 Place Tavant, stated that she feels
the simplest thing to do is to leave the resident only parking
only at Ingraham Avenue. There is no reason to change something
that everybody has gotten used to.
There being no one else who wished to speak on this
ordinance, Mayor Alperin declared the public hearing closed.
Discussion by the Commission followed.
The City Manager stated that the permits can be used in
any of the beach parking lots because you can park in a metered
space with a permit. The only question that needs to be resolved
is where will 'permit only' be allowed; in other words, spaces
without meters where you will only be allowed to park if you have
a permit. Staff had envisioned they would remain at Ingraham,
but if spaces were added at Ingraham that the additional spaces
would be metered. There has been discussion about the under-uti-
lization of those 49 spaces at Ingraham parking lot.
After discussion, Mr. Egan moved to adopt Ordinance No.
3-97 as written on Second and FINAL Reading, seconded by Mr.
Ellingsworth. Upon roll call the Commission voted as follows:
Mayor Alperin - Yes; Mr. Egan Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes. Said motion passed with a 4 to 0 vote.
Mr. Ellingsworth moved to direct that 49 parking spaces
in the Ingraham Park parking lot shall be maintained as permit
only parking spaces, with the understanding that the number of
permit only parking spaces shall be reevaluated in one year's
time subject to a survey of the parking utilization by staff,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote.
10.B. ORDINANCE NO. 6-97: An ordinance establishing the West
Settlers Historic District and designating it to the Local
Register of Historic Places. Prior to consideration of passage
of this ordinance on Second and FINAL Reading, a public hearing
has been scheduled to be held at this time.
The City Manager presented Ordinance No. 6-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING
THE WEST SETTLERS HISTORIC DISTRICT AS THE
SAME IS MORE PARTICULARLY DESCRIBED HEREIN;
DESIGNATING THE WEST SETTLERS HISTORIC
DISTRICT TO THE LOCAL REGISTER OF HISTORIC
PLACES; PROVIDING FOR THE AMENDMENT OF THE
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"
-13- 2/18/97
MEMORANDUM
TO: Robert A. Barcinski, Assistant City Manager
FROM: Alison Harty, City Clerk~
SUBJECT: Inqraham Avenue Parking Lot
DATE: January 21, 1998
On February 18, 1997, the City Commission adopted Ord. No. 3-97
re the Ingraham Avenue parking lot. After the ordinance was
adopted, there was a second motion to direct that 49 parking
spaces in the Ingraham parking lot be maintained as permit only
spaces, with the understanding that the number of permit only
spaces would be re-evaluated in one year's time subject to a
survey by staff of the parking utilization. A copy of the
minutes is attached.
In February, 1998, it will be one year. Based on the data
provided, the lot appears to be under-utilized. However, as
noted in Lt. Davis' memo, the survey should continue through
January for seasonal numbers. Once these numbers are in, suggest
you discuss with the City Manager on how he wants to proceed.
If you need any additional information, please let me know.
aM /m
Attachments
SURVEY INGRAM PARK
DATE # VEHICLES TIME
9/29/97 4 11:45
9/30/97 5 1:20
10/1/97 3 1:45
10/2/97 4 ' 1:35
10/3/97 3 11:40
10/4/97 6 , 2:15
10/5/97 9 1:35
10/6/97 2 11:35
10/7/97 4 11:30
10/8/97 4 2:15
10/9/97 5 1:30
10/10/97 7 1:30
10/12/97 5 11:45
MEMORANDUM
TO: Robe~ A. Barcinski
FROM: Lieutenant aa~ Davis ~
Special Operations, District I
SUBJECT: INGRAHAM PARKING LOT SURVEY
Our volunteers have done random spot checks for October, November and
December at Ingraham parking lot at your request. Based on the
information supplied by Parking Supervisor Mel Sacharow it would appear
that this lot is under-utilized.
October: 4 - 6 vehicles on weekdays
November: 6 - 10 vehicles on Fridays
8 - 12 vehicles on Saturdays
December 6 - 10 vehicles on Fridays
10 - 12 vehicles on Saturdays
I would suggest that we continue the survey through January as the trend is
to increased usage.
baw
Po~t-tt'"foutlr~ request pad ?~4
ROUTING - REQUEST
Please
~ FORWARD
asked that the ordinance be clarified to clearly reflect what
lots and how many spaces will be available for permit parking.
~lice Finst, 707 Place Tavant, stated that she feels
the simplest thing to do is to leave the resident only parking
only at Ingraham Avenue. There is no reason to change something
that everybody has gotten used to.
There being no one else who wished to speak on this
ordinance, Mayor Alperin declared the public hearing closed.
Discussion by the Commission followed.
The City Manager stated that the permits can be used in
any of the beach parking lots because you can park in a metered
space with a permit. The only question that needs to be resolved
is where will 'permit only' be allowed; in other words, spaces
without meters where you will only be allowed to park if you have
a permit. Staff had envisioned they would remain at Ingraham,
but if spaces were added at Ingraham that the additional spaces
would be metered. There has been discussion about the under-uti-
lization of those 49 spaces at Ingraham parking lot.
After discussion, Mr. Egan moved to adopt Ordinance No.
3-97 as written on Second and FINAL Reading, seconded by Mr.
Ellingsworth. Upon roll call the Commission voted as follows:
Mayor Alperin - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes. Said motion passed with a 4 to 0 vote.
Mr. Ellingsworth moved to direct that 49 parking spaces
in the Ingraham Park parking lot shall be maintained as permit
only parking spaces, with the understanding that the number of
permit only parking spaces shall be reevaluated in one year's
time subject to a survey of the parking utilization by staff,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote.
10.B. ORDINANCE NO. 6-97: An ordinance establishing the West
Settlers Historic District and designating it to the Local
Register of Historic Places. Prior to consideration of passage
of this ordinance on Second and FINAL Reading, a public hearing
has been scheduled to be held at this time.
The City Manager presented Ordinance No. 6-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING
THE WEST SETTLERS HISTORIC DISTRICT AS THE
SAME IS MORE PARTICULARLY DESCRIBED HEREIN;
DESIGNATING THE WEST SETTLERS HISTORIC
DISTRICT TO THE LOCAL REGISTER OF HISTORIC
PLACES; PROVIDING FOR THE AMENDMENT OF THE
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"
-13- 2/18/97
[ITq' DF DELRrlV
~d~cr's Direct ~c: (J6I)
D~LRAY ~ACH
AlI.A~fica City ~MO~~
1993
TO: Ci~ Co~ission
FROM: David N. Tolces, Assistant City Attorne~
S~JECT: First ~endment to Temporau Use and Hold Ha~ess Agreement -
A-1-A B~e Rentals
The attached amendmem, if approved, will permit the pedi-cabs to operate on a portion
of A-1-A from Miramar Street just south of Atlantic Avenue to the City parking lot on
the north side of the Marriott. Mr. Allen Tare, owner of A-1-A Bike Rentals, feels he
needs the access to A-1-A in order to serve the pedi-cab passengers. Therefore, if the
Commission desires to authorize the use of pedi-cabs in the limited A-1-A zone, the
amendment should be approved.
Please call if you have any questions.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Alison MacGregor Harry, City Clerk
pedicabl .dnt
FIRST AMENDMENT TO TEMPORARY USE
AND HOLD HARMLESS AGREEMENT
THIS FIRST AMENDMENT to the Temporary Use and Hold Harmless Agreement
("Agreement") entered into this __ day of March, 1998, by and between the CITY OF
DELRAY BEACH ("City") and A-1-A BIKE RENTALS, INC. ("Operator"), amends the
agreement dated March 6, 1998, and the parties hereto agree as follows:
1. Paragrpah 2 of the Agreement is amended to read as follows:
2. Pedi-Cab Service. The CITY agrees to grant OPERATOR the
right to temporarily operate a pedi-cab service along Atlantic Avenue to
transport passengers in pedi-cabs. OPERATOR shall be limited to the use of
two pedicabs. The pedi-cabs may oeprate only during the hours from 9:00
a.m. to 1:00 a.m. Sunday through Thursday, and 9:00 a.m. to 2:30 a.m. Friday
and Saturday. The pedi-cabs may operate along Atlantic Avenue from State
· Road A-1-A on the east to Swinton Avenue on the west. The pedi-cabs may not
operate on Swinton Avenue, Federal Highway (N.E./S.E. 5th and 6th
Avenues), or on State Road A-1-A except for that portion of State Road A-1-A
from Miramar Street north to the City parking lot approximately 500' north of
Atlantic Avenue. -
2. All other provisions of the Agreement not in confict herewith shall remain infull
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year fh'st above written.
Signer, Sealed and Delivered
in the Presence of:
THE CITY OF DELRAY BEACH,
ATTEST: a Florida Municipal Corporation
By:
City Clerk Jay Alperin, Mayor
Approved as to legal sufficiency
and form:
Assistant City Attorney
A-1-A Bicycle Rentals, Inc.,
a Florida Corporation
By:
Name Printed:
Title:
(SEAL)
STATE OF FLORIDA )
) SS:
COUNTY OR PALM BEACH )
The foregoing instrument was acknowledged before me this day of
, 1998 by Jay Alperin, as Mayor of the City of Delray Beach, a Florida
municipal corporation, on behalf of the corporation.
Notary Public
OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
STATE OF FLORIDA )
) SS:
COUNTY OR PALM BEACH )
The foregoing instrument was acknowledged before me this ~ day of March, 1998
by Allen Tate, as President of A-1-A Bicycle Rentals, Inc., a Florida corporation, on behalf of
the corporation.
Notary Public
OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
pedicab.agt
2
TEMPORARY USE AND HOLD HARMLESS AGREEMENT
THIS AGREEMENT ("The Agreement") is made this ~ day of ~)7.~jg.~/O, 1998
by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the
"City"), and A-1-A BICYCLE RENTALS, INC., a Florida corporation ("Operator").
WITNESSETH:
WHEREAS, OPERATOR has requested permission to operate a "pedi-cab" service to
transport passengers along Atlantic Avenue; and
WHEREAS, a "pedi-cab" is a vehicle which is propelled by human power which can
carry no more than three passengers; and
WHEREAS, the City desires to enter into this Agreement for a six-month trial period
in order to evaluate the potential for continued pedi-cab service along Atlantic Avenue; and
WHEREAS, in order to operate along Atlantic Avenue, the City and Owner desire to
enter into this Agreement to outline the parties' duties and responsibilities as it relates to this
trial period in accordance with the considerations set forth in these recitals.
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual
covenants and conditions contained in this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereby agree as follows:
1. Incorporation of Recitals. The parties hereby represent and warrant that the
above recitals are accurate and correct and hereby incorporate them in this Agreement.
2. Pedi-Cab Service. The CITY agrees to grant OPERATOR the right to
temporarily operate a pedi-cab service along Atlantic Avenue to transport passengers in pedi-
cabs. OPERATOR shall be limited to the use of two pedi-cabs. The pedi-cabs may operate
only during the hours from 9 a.m. to 1 a.m. Sunday through Thursday, and 9 a.m. to 2:30
a.m. Friday through Saturday. The pedi-cabs may operate along Atlantic Avenue from State
Road A-1-A on the east to Swinton Avenue on the west. The pedi-cabs may not operate on
Swinton Avenue, State Road A-l-A, or on Federal Highway (N.E./S.E. 5th and 6th Avenues).
Prior to commencing pedi-cab operation, OPERATOR shall meet with CITY'S Police
Department to designate specific drop off and pick up locations.
3. Term and Renewal. The term of this Agreement shall be for six months from
the date written above. OPERATOR may not provide pedi-cabs during the 1998 Delray
Affair, from and including April 17-19, 1998.
4. .T. grlllillatiffil. This Agreement may be revoked in writing by the CITY with or
without cause at any time during this trial period.
5. Conditions of pedi-cab use. OPERATOR agrees on behalf of itself, its
employees, drivers, agents, subcontractors, successors, and assigns to comply with the
following conditions during the term of this Agreement:
A. All individuals who propel, drive, or direct the pedi-cab, hereinafter
referred to as "drivers" shall be eighteen (18) years of age and possess a valid Florida driver's
license or chauffeur's license if required by state law;
B. A driver shall not operate a pedi-cab in such a manner that would
jeopardize the safety of a passenger transported therein or of the general public, or in such a
manner that intentionally impedes vehicular traffic or creates a hazardous situation.
C. A driver shall not park, stand or stop the pedi-cab in a manner which
violates any city ordinance or state law, or disrupts the flow of vehicular traffic on a public
street, or in a manner which may impede the flow of pedestrian traffic.
D. A driver shall not operate a pedi-cab in disregard of any traffic-control
devices.
E. A driver shall not obstruct vehicular or pedestrian traffic by
unnecessarily weaving or changing lanes of travel.
F. A driver shall not operate a pedi-cab in the wrong direction on a one-
way street.
G. A driver shall not operate a pedi-cab in disregard of any applicable state
traffic law.
H. A driver shall not operate a pedi-cab with more than three (3)
passengers, (such number shall not include the driver).
I. A driver shall not solicit passengers for fares.
J. A driver shall not drive abreast of another vehicle except when passing.
2
K. A driver shall always drive to the right-hand side of the road or traffic
lane.
L. A driver shall always use hand or electric turning signals.
M. A driver shall always yield to traffic in a lawful manner (where possible
without danger and where lawful, drivers shall use loading zones and similar street features to
allow other traffic to pass.
N. A driver shall not drive or park on a sidewalk.
O. A pedi-cab may only have one advertisement sign board located on the
pedi-cab.
6. ~. OPERATOR agrees to provide the CITY with a certificate of
insurance, subject to the approval of the CITY'S Risk Manager, which evidences that
OPERATOR is covered by general liability insurance for the pedi-cab service, which is in
force during this trial period and provides for 30 days notice to the CITY prior to
cancellation, and that the City of Delray Beach is named as an additional insured on the
certificate.
7. Indemnification. OPERATOR shall indemnify, defend, and save harmless
the CITY from and against any and all claims, suits, actions, damages and/or causes of action
arising during the Term of this Agreement for any personal injury, loss of life and/or damage to
property sustained by reason or as a result of the operation of the pedi-cab service by
OPERATOR, its agents, employees, drivers, licensees, invitees, and members of the public
generally, and from and against any claims, orders, judgments, and/or decrees which may be
entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in
and about the defense of any such claim at trial and appellate levels. In the event the CITY shall
be made a party to any litigation commenced against OPERATOR or by OPERATOR against
any third party, then OPERATOR shall protect and hold the CITY harmless and pay all costs
and attorney's fees incurred by the CITY in connection with such litigation, and any appeals
thereof.
8. ~. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any
3
person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third persons to any party to this Agreement, nor
shall any provision thereof give any third person any right of subrogation or action over or
against any party to this Agreement.
9. Notice. Notices required to be provided pursuant to this Agreement shall be
sent to the following addresses:
To CITY: David Harden, City Manager
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To OPERATOR: -.--~}arrTate
1155 East Atlantic Avenue
Delray Beach, Florida 33483
10. 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
Agreement.
11. llillll~,~,fl~lI. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
12. Entire A~eement. This Agreement shall constitute the entire agreement of the
parties with respect to the subject matter of it. All prior understandings and agreements
between the parties with respect to such matters are merged into this Agreement, which alone
fully and completely expresses their understanding.
13. ~l.~ll~llll~. This Agreement may not be amended, modified, altered, or
charged in any respect, except by a further agreement in writing duly executed by each of the
parties hereto.
14. City's $i~tmatures Required. This Agreement shall not be valid unless signed
by the City's Mayor and City Clerk.
4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this g day of ~~'~, 1998.
Signer, Sealed and Delivered
in the Presence of:
THE CITY OF DELRAY BEACH,
ATTEST: a Florida ~gicipal ~~
Approved as to legal sufficiency
and form: tx
Assistant City Attorney
A-1-A Bicycle Ren~. ls, Inc.,
(SEAL)
STATE OF FLORIDA )
) SS:
COUNTY OR PALM BEACH )
foregoing instrument was acknowledged before me this g-t~ day of
, 1998 by Jay Alperin, as Mayor of the City of Delray Beach, a Florida
municipal corporation, on behalf of the corporation. //' --
~otary Public ~"
OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
STATE OF FLORIDA )
) SS:
COUNTY OR PALM BEACH )
The,,~gr, egoing~m.~L.tmm,ent was acknowledged ~b.,efore me thisCC, day of March,
1998
by /~//]~/O ~ /6~"~ ,as iPr'C~/~( ~. P ~-~-I-A Bicycle Rentals,
Inc., a Florida corporation, on behalf of the corporation.
--N-6tary Public
OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
pedicab.agt I
6
(4) That at least 40% of the guest units be suites.
The motion was seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin -
Yes; Mr. Schmidt - Yes; Mr. Egan Yes; Mr. Ellingsworth - Yes.
Said motion passed with a 5 to 0 vote.
9.B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECI-
SION FOR ST. MARY'S THE VIRGIN ANGLICAN CHURCH SCHOOL: Consider
an appeal of the Site Plan Review and Appearance Board's action
to approve a Class IV site plan modification for St. Mary's The
Virgin Anglican Church School. The subject property is located
at the southeast corner of Homewood Boulevard and Atlantic
Avenue. A POSTPONEMENT TO MARCH 17, 1998 HAS BEEN REQUESTED.
Mr. Egan moved to postpone consideration of the appeal
to March 17, 1998, seconded by Mr. Schmidt. Upon roll call the
Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes.
Said motion passed with a 5 to 0 vote.
9.D. PROPOSED PEDI-CAB SERVICE: Provide direction concern-
ing proposals to establish pedi-cab services in the City.
The City Manager stated that staff solicited comments
from the various groups the Commission had asked for comments
from as well as a few other groups. There was not absolute
consensus, but the majority consensus was to do a six month trial
period and continue to allow the use for special events.
Mr. Ellingsworth stated that he would support the six
month trial period. However, he felt it imperative that the
vendor provide indemnification and add the City as an additional
insured on its insurance policy. Mr. Ellingsworth also raised a
question as to how the City's sign ordinance would be impacted if
the vendor plans to use advertising on the pedi-cabs.
The City Attorney stated that staff should take a look
at the ordinance for clarification to see if anything else might
need to be done in this regard.
Mr. Ellingsworth further stated that he feels there
needs to be some definitive measure, possibly the Police Depart-
ment, to make the determination if the trial period was a success
or not at the end of the six month period.
Mr. Egan concurred with Mr. Ellingsworth, stating that
he would rely heavily on the Police Department's recommendation
on whether or not to allow the pedi-cabs at the end of the trial
period.
Mr. Schmidt noted that a couple of the groups making
comments recommended the possibility of limiting the number of
pedi-cabs allowed to operate during the trial period. Also, the
-5- 3/03/98
Atlantic Avenue Association recommended that while pedi-cabs be
allowed during special events, they be specifically excluded from
the Delray Affair since there is such a crush of pedestrian
traffic downtown during that event.
Mayor Alperin clarified that the use of pedi-cabs
during the trial period is being permitted with only the one
vendor, A1A Bike Rentals represented by Mr. Allen Tate.
Mr. Randolph asked that something be included in the
agreement that if the pedi-cabs are found to be creating safety
or other problems, that the trial period may be terminated by the
City Commission on recommendation from the Police Department.
Upon further discussion, the City Attorney framed the
following motion: Approval of the proposed pedi-cab service with
A1A Bike Rentals (Allen Tate) for two pedi-cabs to be operated in
the area of Atlantic Avenue for a period of six months, subject
to entering into an appropriate agreement including a termination
without notice upon recommendation by the Police Department
during that time, a hold harmless agreement and insurance naming
the City as additional insured, and excluding the use of the
pedi-cabs during the Delray Affair.
Mr. Egan so moved, seconded by Mr. Schmidt. Upon roll
call the Commission voted as follows: Mr. Schmidt - Yes; Mr.
Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - No. Said motion passed with a 4 to 1 vote.
9.E. FUNDING REQUEST/PROJHCT GRADUATION: Consider a request
for funding from the Atlantic Community High School Project
Graduation Committee.
Robert A. Barcinski, Assistant City Manager, stated
that a request has been received from the Atlantic Community High
School Project Graduation Committee for funding support although
no specific amount was specified. Last year the Commission
contributed $500 to this project. Staff recommends approval of a
$500.00 contribution again this year. Funds are available from
contingency in the City Commission's Special Event budget.
Mr. Schmidt moved to approve a $500.00 contribution to
Project Graduation, with funding from Special Event Contingency
(#001-1111-511-48.10), seconded by Mr. Randolph. Upon roll call
the Commission voted as follows: Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9.F. SPECIAL EVENT REQUEST/IRISH CELEBRATION: Consider a
request for special event approval to hold an Irish Celebration
on Saturday, March 14, 1998, from 12 Noon to 6 p.m. at Ocean City
Lumber, including temporary use permit for Railroad Avenue from
Atlantic Avenue to N.E. 1st Street, staff support, and event
signage.
-6- 3/03/98
. £1T¥ 12F DELl:II:IV BERgH
JELRAY BEACH
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
DAIE: February 24, 1998
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MARCH 3, 1998
Direction - Proposed Pedi-Cab Ordinance
ACTION
City Commission is requested to provide staff direction concerning the pedicab issue.
BA CKGR 0 LIND
At the February 3, 1998 Commission meeting, Commission postponed action on this item
I and recommendations from the the
requested
Community
Redevelopment
Agency,
Downtown Development Authority, the Joint Venture, and the Parking Management
Advisory Board. Letters from each are attached as well as recommendations from the
Chamber of Commerce and the Atlantic Avenue Association.
In summary it appears that there is a majority consensus to: 1) Continue use for special events with the road closed.
2) Set up a six (6) month trial period with restrictions for use, excluding the north
and southbound lanes of Federal Highway and Swinton Avenue.
Also discussed to some extent during some of the meetings I attended, would be to
require the same provisions of approval as required for special events i.e. insurance, etc.
and that City staff make recommendations as to pick up and drop off requirements
during the trial period.
RECOMMENDATION
Staff recommends Commission consideration concerning the use of pedi-cabs for special
events and a trial period.
RAB/tas
Attachments
File:u:$weeney/agenda
Doc:022498a.doc
~HER~ENETIA/SURUEY ~DIJTH PHONE NO. : 561276'7344
FAX Z7~1-135~ Delfa~ Beach Chmmber of C~merce K~y Aguirr~
- J ---, J ' F~'/~ I 7 1998
ASSISTANT
DELRAY B. F CH
,Ch~~r of ~mmer~
To: City Commissioners l~.\~r
From: Dick Sheremeta, Board Chairman, 27G-7300
SubJeot; Use of Pedi.cabs in the Central Business District
Date; 2-17-98
Per your request for Chamber input about the use of pedl-cabs in the downtown, our Local
Issues Government Affairs committee discussed the issue at a meeting on February 13th
and arrived at the following:
The Greater Delray Beach Chamber of Commerce recommend~ support of the use of
peril-cabs for a six month trial basis by a limttecl number of providers and in a hmlted area
downtown to exclude Federal Highways and Swinton Avenue.
Please call me with any questions or to die,cuss the ir, sue In more detail We appreciate the
opportunity to participate in the decision proce~ and look forward to hearing the outcome.
02/23/1998 12:33 5612780555 DB CHAMBER COMMERCE PAGE 05
February 19, 1998
Mr. Robert A Barcinski, Assistant City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
RE: PEDI-CABS IN THE (~E..N.'T'RAL BUSINESS D!STRIC~T
Dear Bob:
Per your request for input relative to the use of pedi-cabs in the downtown area, the
Joint Venture at its meeting of February 12, 1998 discussed this subject with the
following conclusions:
The Board recommended that pedi-cabs be used for speC4al events only. They also
discussed that a study be made to determine the feasibility of having this service on a
full time basis. The Board did not have a consensus for this recommendation.
In summary, the Board only approved the use of pedi-cabs for specIal events.
If you need any additional information, please do not hesitate to call the Joint Venture
Office.
Sincerely,
MICHAEL LISTICK, Chairman
Joint Venture
/sk
D~LR.AY ]~EACH JOINT VENTURE · CommtmlW R~ev~lo~mt Ag,~-ncy - Dclray Be. ach Chamber of Commerc~ - Dowmown Dev¢log~e~! Authority
0212311998 12:33 5612788555 DB CHAMBER COMMERCE PAGE 84
DOWNTOWN DEVELOPMENT AUTHORITY
Cit3, Of Delra¥ Beach, Florida
February 18, 1998
Mr. Robert A. Barcinski, Assistant City Manager
City of Delray Beach
100 N. W 1st Avenue
Delray Beach, FL 33444
RE: PEDI-CABS IN THE CENTRAL BUSINESS DISTRICT
Dear Bob:
The Downtown Development Authonty at its meeting of February 18, 1998 discussed
the above captioned subject with rite following conclusion:
The Board Members voted as follows: Three members voted to support the Chamber of
Commerce recommenda'aon wl'~ich supports the use of pedicabs for a six month trial
Oasis, based on limited number of providers, in a limited area downtown, and excluding
the Federal Highways and Sw/nton Avenue One member voted to use pedi-cabs for
special events only.
In summary: The members voted 3 to 1 (there were only 4 members present) to
support the Chamber of Commerce recommendation as stated above.
Sincerely,
MICHAEL LISTICK, Chairman
Downtown Development Authority
/sk
A Florida Main Street Community
12:33 5612788555 DB CHAMBER COMMERCE PAGE 83
Avenue
11 nH ~ SOUTHEAST FIFTH AVENUE · DELRAY BEACH, FL 33483 · 407/278-0424
inal.
February 18, 1998
Mr. Robert A Barcinski, Assistant City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
RE: PEDI-CABS IN THE CENTRAL BUSINESS DISTRICT
Dear Bob:
The Atlantic Avenue Association at its meeting of February 18, 1998 discussed the
above captioned subject with the following conclusion:
The Board Members voted to support the Police Department's recommendation for use
of pedi-cabs for special events only, excluding the Delray Affair.
Please contact me if you need additional information.
Sincerely,
PEGGY MURPHY, Chairman
Atlantic Avenue Association
/sk
RECEIVED
KKR 2 0 1991)
ASSISTANT
CITY MANAGER
MEMO TO: Bob Barcinski
FROM: Diane HerveX'~,;k
DATE: February 19, 1998
RE: Pedi-Cab Proposal Presented to Parking Management Advisor]/Board
Bob:
The Parking Managemem Advisory Board discussed the proposed pedi-cab request to operate on a
full-time basis. The Board was split on their recommendation. Half wanted to allow them for
special events only' while the other half felt they should be allowed to operate full time. They did
agree to allow them for a trial period for six months.
Also, Ms. Onnen, Chair, asked staff to research how other cities operate pedi-cabs successfully.
/d
Community
Redevelopment
AgenCyy
Delra Beach R EC E IVED
FF.R 2 0 1998
ASSISTANT
CITY MANAGER
MEMO TO: David Harden
FROM: Chris Brown ~
DATE: February. 19. 1998 "~'""-~
RE: Pedi-Cab Proposal Presented to the CRA Board
Dave:
The CRA Board discussed the proposed pedi-cab request to operate on a full-time basis at their
meeting of February 12th. The Board recommended approval for operation on a full-time basis for
a trial period only. They did, however, have some concerns with regard to the pedi-cabs being
allowed on the Federal Highways and Swinton Avenue.
If you have any questions, please feel free to call me.
1.4
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640/Fax (561) 276-8558
MEMORANDUM
DATE: March 11, 1998
TO: David Harden, City Manager i ~-~
FROM: Lula Butler, Director, Community Improvement
RE: Request for Waiver to Section 4.6.7(C)(5) of the Land
Development Regulations
ITEM BEFORE THE COMMISSION:
City Commission consideration of a request from the Delray Beach Public Library to place two
(2) large banners on the exterior of the Library during the month of April as a part of their
annual fund drive. The granting of such a waiver is considered a waiver to the above
referenced section of the Land Development Regulations.
BACKGROUND:
Section 4.6.7(C)(5) of the LDR's prohibit the use of banners except for grand openings of new
businesses as provided for in Section 4.6.7(D)(3). The Library is looking to use the proposed
banners in a public campaign to remind the community of the effort and to solicit donations.
The commission has not approved a waiver to this section of the code except for the one time
last year with the Delray Affair, the Commission approved the use of banners within the
boundaries of the event. The Chamber chose locations that were completely contained within
the enclosed streets, visible only to those attending the event.
RECOMMENDATION:
Staff is recommending denial of the request to place two (2) banners on the exterior of the
Library but suggest they be allowed instead, to erect two (2) free standing signs that could be
approved administratively under the "special event" category. Such signs are limited to 20
square feet in area, they could propose a height that would provide both pedestrian and
vehicular visibility. If the Commission wishes to allow the use of banners, the applicant should
be required to comply with the design specifications under Section 4.6.7(D)(3)(ii-v), which
governs size, height and color.
March 9, 1998
David Harden, City Manager
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
I am writing to request permission to place 2 large banners on the exterior of
the library during the month of April as part of our annual fund drive. We
think that the banners will help remind the public to be generous to the
library.
This year the Board of Directors has pledged the entire proceeds of the drive
to the library materials budget, and we will use the funds to purchase books.
I know that such banners are not permitted under the code and we are asking
for an exception. The banners will be professionally done, professionally
installed, and will be in good taste. We appreciate your consideration.
Sincerely,
Peter Daniels, Library Director
29 Southeast Fourth Avenue · Pelray Beach, Florida 33483 · (561) 266-0194 Fax (561) 266-9757
Date: 3/12/98 Agenda Item No. ~. C '
AGENDA REQUEST
Agenda request to be placed on:
x Regular ~ Special ~ Workshop __ Consent
When: T/1 7,/q8
Description of Agenda Item:
Request for Waiver to Section 4.6.7(C)(5) of the Land Development
Regulations for Banners at the Delray Library
29 SE 4th Avenue
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Commission Action
D ep artm ent Head Signature: __t~~/~
City_ Attorney Review/Recommendation (if applicable) :6
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:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
93/1.2/~8 THU 14:32 FAX 561 243 3774 CITY CLERK ~00l
*********************
*** TX REPORT ***
*********************
TRANSMISSION OK
TX/RX NO 1786
CONNECTION TEL 92669757
CONNECTION ID
ST. TIME 03/12 14:28
USAGE T 03'10
PGS. SENT 3
RESULT OK
C11%' CLERK ,ooN.w.~v~ . o~~,;~o~,~ ~5~.~ooo
F~ COVER SHEET ~~~ FAX NUMBER (561) 243-3774
TO: N~E: '
CITY: ~
FRO~: CITY OF DEL~Y BEACH
CITY CLERK'S OFFI~ . d ,
~SSAGE:
YOUR RETURN MESSAGE IF NEEDED:
M IO DUM
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
DATE: March 11, 1998
SUBJECT: WAIVE ALARM FEES - OLD SCHOOL SQUARE
The fees in question are from 1995 and 1996. I recently met with Lt. Woods, Torrey and
Karen Schell, Accounting Assistant, to review the problem.
It appears from our discussion that Old School Square has made attempts to rectify the
problem. It was agreed at the meeting that Old School Square will:
1. Complete the Alarm Activation Notice form each time it is issued. They had not
been doing this.
2. Lt. Woods agreed to have a Police representative meet with Torrey and review the
building and system.
3. Torrey is providing the Police Department with a list of his staff who are listed on
the alarm callout and Torrey's staff will continue to be called first to avoid Police
callout unless necessary.
Based on the above, the efforts and changes that Old School Square has implemented,
the age and condition of the building, I am recommending the past fees be waived but
any future fees need to be paid.
RAB/sdl
Attachments
Ffle:u:sweeney/asmemos
Doc:031198b.doc
ASSISTANT
CITY MANAGER
School
Square
C 'U L T U R. A L
ARTS CENTER
March 5, 1998
Mr. David Harden
City Manager
.City of Delray Beach
100 N W 1 ~ Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
You may or may not be aware that Old School Square has had severe problems with its alarm
system and with false alarms. We have an outstanding balance for false alarms for 1995 and
1996 totaling $2531.33 including interest. We ask that the City waive these charges.
In support of our request, I tell you that we take the problems very seriously. As you know, the
buildings are old and none of the doors fit very tightly. In the past, it has been possible for
people to trigger alarms by simply pulling on locked doors. We have spent over $1,000 in the
last couple of years on fixes to problems that we were able to identify. We put in stronger
magnets on all of the doors. We put in surge protectors on the alarm power lines and telephone
lines. We replaced quite a few sensors. We even contacted another alarm company to see
whether they could solve the problem for us, but then we realized that we had a lease on our
existing system, and breaking that lease due to non-performance was yet another problem. With
all that we have tried, we have not been able to solve the problems entirely.
Ultimately, because we were sensitive to the headache we were causing the police department,
we instructed our alarm company to call either me or Joe Gillie on an alm~ and, only wi~en they
were not able to reach one of us, to dispatch the police. Joe and I live close by and have on
numerous occasions have come over here at ungodly hours to investigate alarms. In addition, we
continue our education efforts with employees to minimize accidental alarm trips. I believe this
has substantially reduced the number of dispatches.
We continue committed to doing everything we can reasonably do to eliminate the problem, and
Lieutenant Mark Woods of the Police Department suggested that we meet with one of their
officers to review our system with the idea that he or she might think of something we have not.
In addition, we will call the Police Department when we are investigating an alarm so they will
know what is happening and to be on the lookom for our employee if they do respond. Further,
Old School Square, Inc.
51 North Swinton Ave.
Delray Beach, Florida 33444
(561) 243-7922
we will begin providing the Police Department with our monthly schedule so they will be better
informed as to what to expect on our site.
I hope that this persuades you that we are acting aggressively to solve these problems and that
you will give us relief from the past false alarm charges.
Very truly yours,
Torrey Everett ' ~
Director of Finance and Administration
cc: Robert Barcinski
Assistant City Manager
Lt. Mark Woods
Police Department
January15,1997
Alarm Enforcement Unit
Delray Beach Police Department
300 W. Atlantic Avenue
Delray Beach, 33444
Dear Sir or Madam:
As you undoubtedly are aware, Old School Square has had a large number of false alarms in the
last year or so. As you also know, the buildings the old school buildings, and they are old and
the doors fit loosely, so that passers by could shake the doors and trigger alarms. In addition, we
have had more than our share of other problems with the alarm system, including employee
errors.
To correct the situation, we have replaced sensors with stronger magnets so alarms cannot be
triggered as easily. We have replaced smoke detectors, heat detectors and batteries when they
were found to be defective. We have had our alarm company check all components in the
system and replace any that were marginal. Since October 1, 1995, we have spent $1,382.00 on
repairs to the security system.
One employee who could not seem to get the hang of the security system has been terminated.
Finally, we recently have instructed the alarm company not to dispatch the police unless they
were unable to reach one of three employees who live nearby.
We take our responsibilities to you seriously. But, we can ill afford the penalties imposed on us
for false alarms, which penalties now total $2,328.59. We ask that you waive these charges in
view of our somewhat unique situation. If I can provide any additional information helpful to
you in reviewing our situation, please call me at extension 7922.
Very truly yours,
Torrey Everett
Director of Finance and Administration
Memo
To.' Jerry Lawrence
From: Torrey Everett
Subject: Alarm Problems
Date: October 31, 1996
Elliott Loadholt set off the alarm again this morning. He says that he never received the written
instructions I prepared on how to set and disarm the system. I have given him a copy of the
attached memo. I reviewed the procedure with him, pointing out that if he keys in his code and it
doesn't "take", he should press * several times to reset the keypad and then try again. He said he
was not aware of that procedure.
He did say that he called National Security to report the false alarm, first calling their business
office and then the monitoring station. He had the number for the monitoring station. I called
the monitoring station and they could not confirm that he had called. The police were dispatched
and I was called at home as well.
Please be sure that all security personnel know of the proper procedures regarding the alarm
system. They should know what to do if the disarming doesn't take, and they should have the
number of the monitoring station and password.
attachment: Memo of August 15, 1996
[lTV OF DELRI:I¥ BEfl£H
Writer's Direct Line: (561) 243-7090
DF[RAY BEACH
Ali.America City MEMORANDUM
'illl March 10, 1998
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: 1998 USTA Promoter A~reement with JCD Tennis. Inc.
The attached agreement with JCD Tennis, Inc. is before you for approval. The
agreement provides that JCD Tennis shall be the promoter for no more than four USTA
tennis tournaments during 1998. All of the tournaments will be held at the municipal
tennis center. JCD will be responsible for collecting all revenues and making all
disbursements. The City retains the right to audit JCD's financial records at any time.
No later than 30 days after the conclusion of a tournament, JCD shall provide the City
with a financial statement, as well as any net revenues, or a request for payment of any
outstanding expenses not covered. JCD agrees to carry all necessary insurance and
name the City as an additional insured, as well as indemnify and hold the City harmless
from any claims arising out of the tournaments.
It shOll.],~t b~. noted tha~ JCD Tennis, Inc. is Brahm Dubin's
company. If you have any questions, please call.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Joseph Weldon, Director of Parks and Recreation
Brahm Dubin, (JCD)
jcdl .tint
PROMOTER AGREEMENT
THIS AGREEMENT is made as of the day of , 1998 by and
between the CITY OF DELRAY BEACH, (hereinafter called "City"), and JCD TENNIS,
INC. (hereinafter called "JCD"), the principal addresses of each party being those set forth in
this Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. CITY agrees to retain JCD to render certain professional services in
conjunction with promoting tennis tournaments sponsored by the United States Tennis
Association ("USTA"), (hereinafter the "Work") and to pay for the performance of such
Work on and under the conditions which are set forth in this Agreement, and JCD agrees to
perform such Work and to accept in full payment as is set forth in this Agreement.
2. 2~.~_~EO_ILK: The work shall generally consist of all the promoter
responsibilities and obligations, as contained in Exhibit "A" attached hereto with respect to no
more than four USTA Tournaments held at the City of Delray Beach Municipal Tennis Center
during the 1998 calendar year. In the event JCD desires to hold more than four events, JCD
shall obtain prior City Commission approval for the additional events.
3. TERM OF AGREEMENT: The term of this Agreement is up to and including
December 31, 1998. Notwithstanding the above, either party may terminate this agreement,
with or without cause, with ninety (90) days prior written notice delivered in person or
transmitted certified mail, return receipt requested.
4. ~I~l~.~: In remm for the payment of Ten Dollars ($10.00) and other
good and valuable consideration, receipt of which is hereby aclaaowledged, JCl) agrees to
indemnif~ and hold harmless the CITY from and against all claims, actions, causes of action,
demand, judgments, costs, expenses, and all damages of every lcind in nature incurred by or
on behalf of any corporation or person whatsoever predicated upon injury or death of any
person or loss over damaged property of whatever ownership or breach of contract arising out
of or connected with JCI)'S operation pursuant to the terms of this agreement, whether or not
the incident giving rise to the breach of contract, injury, death, loss or damage occurs within
or without the premises.
$. ~: JCD agrees to maintain all insurance as required by the USTA,
and include the City of Delmy Beach as an additional insured on all insurance policies.
6. ~: All purchases of equipment or supplies for the Work under this
agreement shall be made by JCD.
7. REVENUE AND DISBURSEMENTS: JCD, on behalf of the CITY, shall
collect all revenues received pursuant to its actions as promoter for the tournaments, and make
all reasonable Work related disbursements thereunder. No later than thirty (30) days after the
conclusion of each tournament, JCD shall submit to the CITY a financial statement detailing
all Work related revenues and disbursements. In conjunction with the f'mancial statement,
JCD shall pay to the CITY all net revenues or provide a written request for paymem of any
expenses which JCD cannot pay due to insufficient revenues. The reasonableness of any
expense or disbursement shall be left to the sole discretion of the CITY.
2
8. NET REVENUES: Net revenues shall be all income received by JCD while
performing its responsibilities as the promoter, less all actual and reasonable Work related
expenses.
9. RIGHT TO AUDIT: CITY shall have the right to audit JCD'S financial
records relating to the Work.
10. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement
between CITY and JCD and may not be altered, amended, or modified except by an
instrument in writing signed by the parties to the Agreement with all the same formalities as
this Agreement.
11. BOND LIMITATION: It is recognized by JCD that the tennis center has been
f'manced with proceeds of tax exempt debt and may be re-financed from time to time in the
~future and that the Internal Revenue Code of 1986, as amended, limits the private use of
governmentally owned facilities constructed with tax exempt debt, such as a tennis stadium, in
order to maintain the tax exempt status of the debt issued to t-mance the same.
Notwithstanding any other provision of this Amendment to the contrary, this Amendment shall
automatically terminate, without any required notice by the CITY, if any payment required to
be made under the provisions of this Amendment to the CITY would, together with any other
private use payments made or required to be made by any other entity(les) or person(s) for the
use of the tennis center or related facilities, adversely affect the exclusion from gross income
for federal income tax purposes on any interest obligation (herein "negative tax
consequences") of the CITY issued to finance or refinance the tennis center or any part
thereof. Such a termination shall not constitute a default on the part of either party to this
3
Amendment. Upon such termination, it is the intent of the parties hereto to enter into a new
agreement which would contain different or modified payment terms and/or mounts
acceptable to both of the parties hereto, and which, in the opinion of the CITY'S bond
counsel, would not have negative tax consequences.
12. NOTICES: Any notice or communication under this Agreement shall be in
writing and may be given by registered or certified mail. If given by registered or certified
mail, the notice or communication shall be deemed to have been given and received when
deposited in the United States Mail, properly addressed, with postage prepaid. If given
otherwise, then by registered or certified mail, it should be deemed to have been given when
delivered to and received by the party to whom it is addressed. The notices and
communication shall be given to the particular parties at the following addresses:
CITY: David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33~.44
JCD: Brahm Dubin, President
JCD Tennis, Inc.
2200 Highland Avenue
Delray Beach, Florida 33445
Either party may at any time by giving ten (10) days written notice designate any other address
or person(s) and substitution of the foregoing address or person(s) to which the notice or
communication shall be given.
13. NOT ASSIGNABLE: This Agreement is not assignable. Assignment
includes, but is not limited to, a transfer of stock to individuals not currently directors or
officers of JCD, or a change in the officers or directors of JCD.
4
14. SIGNATURES REQUIRED: This Agreement shall not be binding unless
signed by the CITY'S Mayor and City Clerk.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their proper officials on the day and year first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to Form:
City Attorney
ATTEST: JCD Tennis, Inc.
By:
Print Name: Print Name:
Title:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day of March, 1998
by (name of officer or agent, title of officer or agent)
of (name of corporation acknowledging), a (state or
place of incorporation) corporation, on behalf of the corporation. He/She is personally known
to me or has produced as identification.
Signature of Notary Public - State
of Florida
JCD.a~t
~v. 3110/98
5
UNITED ST. kTES TEN.WIS
MEN'S $15,000 FUTURES TOURNAMENT AGREEMENT
AGREEMENT made between the UNITED STATES TENNIS ASSOCIATION
INCORPORATED (USTA), and the undersi~gned Tournament Promoter (PROMOTE~R).
WHEREAS the USTA has organized a national circuit of tennis tournaments in the United
States (Circuit); and
WHEREAS PROMOTER desires to develop, promote and stage a Tournament
(TOURNAMENT) on the CIRCUIT DURING THE WEEK OF MAY I1, 1998 (plus
necessar~ Qualifying aays) in accordance with the provisions hereinafter set forth;
NOW, THEREFORE, USTA and PROMOTER agree as follows:
I. NAMES. The official name of the TOURNAMENT shall include "USTA". PROMOTER
agrees that all references to the TOURNAMENT shall, to the extent feasible, specify that the
TOURNAMENT is a "USTA Event". For example:
The (Title Sponsor) USTA Futures
A USTA Ei, ent
Presented by (Presenting Sponsor)
2. SITES AND FACILITIES. PROMOTER agrees to furnish the site hereinafter named for
the TOURNAMENT, including, at a minimum, the following: (a) Sufficient championship tennis
courts for the TOURNAMENT (minimum 8) and for practice use; (b) Seating for not less than
200 spectators on the stadium or best court available; (c) Appropriate bathroom, shower and
locker facilities from which the press and public will be limited, and which will afford privacy to
the players. There should be sufficient security to prevent unauthorized entry and to protect
players' personal belongings. In some cases, it is recommended that an attendant be in charge;
(d) A private area for the Trainer/Physical Therapist equipped with a 6 foot table, and ice and
towels provided on a daily basis; (e) A furnished tournament operations center; (f) A media area
with chairs, tables, telephones, typewriters, copy machine, and a fax machine; (g) A USTA
Supervisors office with a telephone and fax at hand; (h) Fire, safety and first aid facilities and
equipment sufficient to meet applicable codes, regulations and laws.
3. TOURNAMENT PERSONNEL AND SERVICES. PROMOTER agrees to furnish the
following: (a) A knowledgeable and competent Tournament Committee; (b) A minimum of 1
USTA certified umpire for every three courts, a short crew for the quarter finals (Chair Umpire
and two Linesmen), and a full crew for the semis and finals (Chair Umpire and six Linesmen).
One of the Chair Umpires must be USTA Circuit approved, according to the guidelines of the
ITF and be available for the entire event; (c) Appropriate personnel to sell and take up tickets,
monitor spectators, handle parking, security, player transportation, registration, concessions,
programs, maintenance, and all duties required to stage a fa'st-class tournament; (d) First aid
facilities with a hospital, doctor and ambulance on call at all times during the TOURNAMENT
week for medical emergencies; (e) Towels and refreshments for players; (f) Discounted or
complimentary hotel accommodations and meals for all players; (g) All TOURNAMENT tickets;
and (h) A Public Relations Committee with a Chairman responsible for publicity and
promotional activities in consultation with the USTA National Circuit Office and USTA Public
Relations Department.
4. RULES AND REGULATIONS. PROMOTER agrees to abide by the ITF Satellite
Regulations, the USTA Constitution, By-Laws, Standing Orders, and Rules and Regulations all
as set forth in the USTA Official Yearbook, copies of which PROMOTER acknowledges
receiving.
5. ADMINISTRATION AND TOUR STAFF. The USTA will administer the CIRCUIT
including the printing and distribution of entry applications and the selection of entries in
accordance with the ITF Satellite Regulations. In addition, the USTA will provide all salary and
expenses for the USTA Supervisors and Trainer/Physical Therapist.
6. REVENUE. PROMOTER shall be entitled to all revenue from the TOURNAMENT,
including but not limited to, ticket, program and concession revenues. (With the exception that if
the USTA provides the entire prize money, than an amount determined by the USTA, in
consultation with the PROMOTER, will be paid to the USTA out of TOURNAMENT profit).
PROMOTER is not required to charge admission to the TOURNAMENT.
7. BALLS. Wilson is the official ball of the USTA Circuits. The USTA will provide 11 1/2
gross of balls for a 64 draw, 128 qualifying TOURNAMENT. PROMOTER shall purchase
additional balls as needed at the lowest available adoption price offered by Wilson. PROMOTER
agrees to display the Wilson banner and coolers on court and to provide, if available, a Wilson
promotional booth.
8. BANNERS. Banners are not to be placed on the back walls of the courts so as to interfere
with the players' vision of balls in play. No banners placed on the back walls are to be white,
yellow or other light colors.
9. T-SHIRTS. The USTA will provide 25 T-shirts free for on court ball persons uniforms.
PROMOTER may purchase additional T-shirts at the lowest available adoption price offered by
the manufacturer. T-shirts will have the USTA logo and an inscription on the front.
10. CIRCUIT PROGRAM. The USTA agrees to publish the Official Circuit Program and to
provide 300 copies free to PROMOTER. PROMOTER may purchase additional copies at a
price determined by the USTA. The USTA Program is to be used, exclusively. _
11. CIRCUIT SPONSOR BENEFITS. The USTA is entitled to promotional benefits,
including: (a) Two banners on stadium court and other banners on the TOURNAMENT grounds;
(b) Eight of the best seats available for each session of the TOURNAMENT; (c) USTA T-shirts
for on-court ball persons; (d) Regular mentions on the TOURNAMENT public address system
that the USTA is the CIRCUIT Sponsor and; (e) Assurance that local sponsor identification does
not unreasonably diminish USTA identity as the CIRCUIT Sponsor.
12. INDEMNIFICATION. PROMOTER recognizes that the USTA has organized the
CIRCUIT as a public service to benefit spectators, players and local communities. The USTA
has no responsibility for the conduct of the TOURNAMENT, and PROMOTER agrees to
indemnify and save the USTA harmless from any and all claims of every kind, nature and
description in any way relating to the TOURNAMENT, the facilities used by the
TOURNAMENT or the players, officials (other than USTA officials) and spectators at the
TOURNAMENT.
'13. INSURANCE. PROMOTER shall procure and maintain, at PROMOTER'S expense, the
following insurance coverage's from a company or companies licensed to do business in the state
where the TOURNAMENT is held and rated "excellent" or better by Best's or a similar
insurance company rating organization: (a) Commercial General Liability Insurance including
spectator and participant liability of at least $2,000,000 each occurrence for Bodily Injury and
Property, Damage; (b) Automobile Non-Ownership and Hired Car Liability in the amount of at
least $1,000,000 each accident; (c) Worker's Compensation and Employers Liability Insurance.
as required by state law, for any employed personnel. USTA shall be named Additional Insured
on the Commercial General Liability policy at no cost to USTA. A Certificate of Insurance or a
copy of the policy or policies, containing a thirty (30) day Notice of Cancellation clause and
indication that coverage applies specifically to the TOURNAMENT, must be filed with the
USTA Director of Pro Circuits sixty (60) days prior to TOURNAMENT.
14. RISK OF LOSS AND ASSUMPTION OF LIABILITIES. PROMOTER assumes all risks
and is responsible for all expenses relating to the conduct of the TOURNAMENT, including all
losses and liabilities which may be incurred.
15. NO JOINT VENTURE. Nothing herein shall constitute the parties hereto as partners or
joint venturers.
16. PRIZE MONEY AND AMATEUR EXPENSES. PROMOTER agrees to provide, from
local sources, $6,000 to be offered as prize money for players. The USTA agrees to make a grant
of $9,000 to PROMOTER to be used as additional prize money for players. The USTA grant
shall be delivered to PROMOTER prior to the commencement of the TOURNAMENT, and
PROMOTER agrees to be responsible for the proper disbursement to the player's. PROMOTER
agrees to make a full report to the USTA, on forms provided by the USTA, of all prize money
and all amateur expenses paid to players. PROMOTER agrees to refund to the USTA that portion
of the USTA grant that is not actually disbursed as prize money or amateur expenses; for the
purpose of such refund, the Promoter's local funds shall be considered to be used first for the
payment of the prize money and/or amateur expenses.
17. GUARANTEE DEPOSIT. PROMOTER herewith deposits with USTA the sum of $1,500
to guarantee PROMOTER'S performance under this Agreement. If PROMOTER satisfies all
obligations hereunder, then such sum shall be returned to PROMOTER after the
TOURNAMENT. The USTA reserves the right to seek further assurances of PROMOTER'S
financial responsibility in the form of additional deposits, letter of credit, and/or other security as
the USTA may from time to time deem advisable. In the event that PROMOTER defaults in
the performance of obligations under this Agreement, or cancels the TOURNAMENT less
than 120 days before the scheduled commencement date, then such sum shall be forfeited to
the USTA without limiting in any way claims or rights USTA may have against
PROMOTER.
18. SANCTION. PROMOTER agrees to apply for and obtain a sanction from the applicable
USTA Section for the TOURNAMENT and to pay all required sanction fees. PROMOTER'S
application for sanction, along with a check made payable to the USTA Sectional Association in
the mount of $150 for such sanction fee, is to be submitted to the USTA along with this
Agreement. The USTA agrees to submit the same promptly to PROMOTER'S USTA Sectional
Association. If for any reason such sanction is not approved by the applicable USTA Sectional
Association, then this Agreement shall be terminated, and PROMOTER'S Guarantee Deposit
shall be refunded.
19. MEMBERSHIP. PROMOTER agrees that if the site of the TOURNAMENT is not
operated by a USTA Member Organization, a membership application for such operator is to be
delivered to the USTA Membership Department. Dues will vary depending on category,
therefore you should contact the organizational membership representative in the White Plains
~office.
20. SITE USE. If PROMOTER is not the operator of the site of the TOURNAMENT, then
Promoter will attach to this Agreement written permission of the operator of such site for the use
of the site and the appropriate facilities necessary for the staging of the TOURNAMENT.
21. USTA DRAW SHEETS. The USTA will provide the PROMOTER with official USTA
Circuits draw sheets. PROMOTER agrees that these draw sheets will be used exclusively.
22. AMATEUR REIMBURSEMENT FORM. PROMOTER agrees to use the USTA Amateur
Reimbursement Form as a record of reimbursement of amateur expenses.
23. ENTIRE AGREEMENT. This instrument constitutes the entire Agreement between the
parties. It shall be construed in accordance with the laws of the State of New York and shall be
executed by both parties in duplicate.
IN WITNESS WHEREOF, the parties have duly executed this Agreement. /,,~ c.
DATE: i'~..~x,I q-/ PROMO~-t~R: .~~
DATE: BY: //~ '/~' .. ~q~'~
Brian H. Earley, Dire~o~r of Professional Circuits
Please mail ALL Contract Information to:
Michele Padovano
Circuits Coordinator
USTA Circuits Department
70 West Red Oak Lane
White Plains, NY 10604
Noticees:
Richard D. Ferman, Jr.
Executive Director _
United States Tennis Association
George W. Gowen, Esq.
Dunnington, Bartholow & Miller
666 Third Avenue
New York, NY 10017
L'N[TF_D ST, kTES TENNIS A$5OCI3.T[ON
INFORMATIONAL SUMMARY
TOURNAMENT FACILITY STREET ADDRESS: 2 c. Ld.,'. r.l-~-. ,~,.-r~c. ,4 ,,~'
# OF TOURNAMENT COURTS: ~ # OF PRACTICE COURTS:
INDOOR: OUTDOOR: ~"
MAIN DRAW SIZE: ."3'2. DATES: P~'q'~ {I- H.~¥ t'-/ j ~ 37.-~
QUALIFYING DRAW SIZE: DATES:
PROMOTER'S STREET ADDRESS: ~
TELEPHONE AREA CODE: 56 ~ BUSINESS #: Z-~ -~ - ~?c ~; :i
HOME #: ~'.~ -2b:~-z'~-~'? FACILITY#: ~{-
ATTACHMENTS: Please make sure that you have attached the following to this Agreement:
1. Guarantee Deposit of $1500.00.
2. Sanction Application and Sanction Fee of $150.00.
3. Membership Application and Membership Fee.
4. Written Authorization of Operator of Facility.
5. Letter of Sponsorship. If not attached, to be delivered no later than 6 months prior to
Tournament.
6. Copy &Certificate of Insurance. If not attached, to be delivered no later than 60 days prior to
Tournament.
7/24/97
M O DUM
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
DATE: March 10, 1998
SUBJECT: LAKEVIEW GOLF COURSE/REBUILD GREENS AND TEES
Attached is a report I received from Brahm recommending that we rebuild greens and
tees this summer while the new clubhouse is being reconstructed.
Brahm is recommending that we sprig versus sod tees and greens. Much of the work
using the sprig option will be done with in-house crews. The estimated downtime for
sprigging is 3 months.
Based on the cost estimates attached for sprigging and sodding, I concur with Brahm's
recommendation to sprig. The net cost to sprig is $115,400. This includes net operating
loss and capital costs. The cost to sod is $133,200 and includes net operating loss and
capital costs.
In order to give us the best grow in time, the work needs to start around June 1st, with
anticipated course reopening the end of September 1998. This will coincide
approximately with the construction start date for the clubhouse. I think that the cost to
complete the greens and tees can be funded by the current fiscal year projected net
operating income.
No matter which method we use, however, we will have additional costs to rent trailers
to operate out of until the clubhouse is completed in November.
We need to take this item to City Commission to obtain their approval.
RAB/sdl
Attachments
File:u:sweeney/asmemos
Doc:O31098a.cloc
MEMORANDUM
DATE: February 23, 1998 -
TO: Bob Barcinski CITy
FROI~: Brahm Dubin
RE: Rebuilding Tees & Greens
at Lakeview Golf Club
CC: Sharon Painter
Tom Arendt
Shelly Sullivan
Tom Gynn
Bruce Edwards
Enclosed please find our Internal 1997/98 Budget, and a
Revised Estimated Cost~ly~s fpr closing Lakeview for 3
months which totals $~.~ -in addition, please find an
Estimated Cost Analysis for closing Lakeview for 45 days
which totals $133,200.
We are recommending that we close for 3 months.
Our business plan would call for moving our Lakeview
golfers to Delray Beach Golf Club, and to do our best to
honor our Leagues' commitments.
We would attempt to reallocate as many staff members as
possible to minimize our payroll expenses.
Golf carts will not be delivered until the course
opening.
I suggest that we finalize decisions A.S.A.P in order
to be able to properly plan for the future.
bdbblvc, doc
Amended ~ECEIvED
ESTIMATED COST ANALYSIS
~~VIEW GOLF CLUB-3MONTH CLOSING
Budget Revised Variance
10o,o00 $ 0 ($LO_OAlfl~
Administration 32,000 25,000 7,000
Golf Operations 38,000 15,000 23,000
Golf Course Maintenance 45,000 35,000 10,000
. $115,00~ _ft2fi.l)~ $40,000
Administration Charge $_6,000 $6,00_00 $ O
Debt Service ~5.fi3)00 $56,000 $t3
A. Net Loss $(77,000) ~(DJ, 09_03 $60,000
opnggxng Cost $45,400
C. Tee Renovation $10,000
Total Incremental Cost $! 15,400
bdlvcla$.do¢
ESTIMATED COST ANALYSIS
LAKEVIEW GOLF CLUB-45 DA Y CLOSING
6/1/98 -- 7/15/98
Budeet Revised Variance
Income $50,000 $ Ct ($50,000)
Expense
Administration 16,000 12,000 4,000
Golf Operations 18,000 6,000 12,000
Golf Course Maintenance 21,000 17,000 4,000
$55,000 $35,000 $20,000
Administration Charge $ 3,000 $3,000 $ Ct
Debt Service $28,000 $28,000 $ O
A. Net Loss $(36,000) $(66,000) $(30,000)
B. Sodding Cost $93,200
C. Tee Renovation $10,000
Total Incremental Cost $133,200
bdlvcls2.doc
bdlvcls$.doc
oo o
MEMO
TO: Mr. Brahm Dubin
FROM: Tom Arendt
DATE: 1/5/98
RE: Rebuilding Tees and Greens at Lakeview
OVERVIEW:
The greens and tees at Lakeview are far under the standards we set for
quality of golf at the Delray courses. Neither area has been properly
maintained for many years and can only be brought back through extensive
renovation.
REASONS FOR REBUILDING:
1. GREENS: The greens are not consistent in their playability.
Over the years, they have become heavily contaminated with non-desirable
cultivars of Bermuda grass. These grass types cannot be maintained at the
heights of cut necessary for a good putting surface. Many of these grasses
grow in a very layered fashion which results in an extremely grainy green
that is impossible to putt. Presently, in order to keep the greens as playable
and esthetically pleasing as possible, we are using techniques that entail
using normally unnecessary levels of chemicals, and abnormal amounts of
sand and labor.
The soil structure underlying the greens has become layered and needs the
addition of sand and extensive rototilling to renew good growing
characteristics.
Winter overseeds, such as the bluegrasses, have a difficult time competing
with the present grass in Lakeview's greens. This competition results in
mediocre putting conditions even with overseeded greens.
Weeds, such as Torpedograss, that cannot be controlled once they become
established, have infested some of the greens. These can only be removed
through fumigation.
2. TEES: The teeing areas at Lakeview have the same
problems as the greens. Time and traffic have worn down their playability.
Over the years, settling and weather have caused the tees to become
crowned and very uneven. They have lost about 1/3 of the original tee area
(which was a bit small from the beginning). We have a difficult time
keeping grass in the playing area due to the concentration of play.
REBUILDING GREENS:
The USGA agronomists have developed recommended methods for
rebuilding greens. These would result in an estimated installation cost of
$250,000 to $300,000. However we believe that using the same rebuilding
techniques we used at the Delray Golf Club would result in adequate
growing conditions and very acceptable greens.
Greens in South Florida should be regrassed every 10 to 15 years whether or
not they are built to USGA specifications. This is due to soil layering,
cultivar mutations and contamination from outside sources.
We can use either of the two following methods to rebuild Lakeview's
greens.
1. SODDING: We have 65,000 sq. feet of green surface that we
would have to sod. We can use the same techniques for rebuilding the
Lakeview green bases that we used at the Delray Golf Club.
Steps:
a. Remove the existing grasses. This is
accomplished by running sod cutters over the greens and
removing the sod with front end loaders.
b. Amending and working the soil to a proper
growing medium condition. This is done by adding soil
2
amendments such as lime, organics, and sand. These
are rototilled into the soil in the correct ratios to allow
drainage, air passage and fertilizer exchange rates.
c. Fumigating with methyl bromide to sterilize the
soil of grass and weed contamination, pathogens and
nematode populations.
d. Laying sod. Greens use a rolled sod that is laid by
machine in order to minimize seams and uneven areas.
e. Topdressing extensively in order to quickly level
the putting surface.
2. SPRIGGING: We would grow the greens from springs that
are planted instead of using sod.
Steps:
The same procedures would be followed as above to step "d".
Step "d" would consist of planting vegetative sprigs and growing our
own grass on the greens.
TIME TO COMPLETE WORK, START TO FINISH:
SOD: 4 to 6 weeks
SPRIGS: 9 to 12 weeks
Timing is subject to weather conditions.
ESTIMATED COSTS OF SODDING GREENS VERSUS SPRIGGING:
(See attached)
SODDING -- $93,200
SPRIGGING -- $45,400
3
WHEN WE DO THE WORK:
The optimal time for either method is to get the grass in the ground and
growing the second week of May. This would catch the Spring growth
period and shorten the grow-in times substantially.
RECOMMENDATIONS:
It is our recommendation that we use sprigs for the following reasons:
a. Either method is good from an agronomic point of view.
b. We would have a problem getting sod.
c. A Rapid turf type of installation (such as we did at The Delray
Golf Club) requires that they have time to grow sod. This
would push the greens construction time frame to a middle of
June start at the earliest. We want to coordinate the work with
the construction of the clubhouse and sprigging fits a variable
time frame.
d. Our site can not accommodate adequate parking during
construction and raises serious safety concerns for our
customers many of whom are children and senior citizens.
REBUILDING TEES:
To have a contractor do the necessary leveling, stripping and grassing of the
tees will cost $35,000 using the sprigging method, or $65,000 using sod.
The same time frames apply as indicated above for the greens.
RECOMMENDATIONS:
We suggest that we rebuild the tees in-house using our existing manpower.
This would cost us approximately $10,000 depending on equipment rental
costs or the availability of equipment from other city departments. We
would do the roughing-in work ourselves and bring in a laser leveling
company to finish grading the tees. The new driving range tee we built can
supply us with the necessary sprigs.
We must consider the following:
1. The amount of play will be affected by the construction of a
new clubhouse.
2. The costs of providing bathroom facilities and temporary
structures.
3. The availability of the Delray Golf Club as a temporary course
for the Lakeview golfers.
4. It would be necessary for our superintendent to supervise the
greens contractor's work. The supervisor would need help maintaining
fairways and roughs. These men can also rebuild tees while keeping the
irrigation and other systems functioning.
SUMMARY:
Play at Lakeview has been substantially increased due to the improved
conditions at the course. Good tees and greens would increase play even
further and pay for themselves in a very short time.
It is important that we make a decision as soon as possible. Good
contractors are busy in the Spring, so we should get on someone's schedule
A.S.A.P.
bdtamem.doc
5
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM #~'~'- REGULAR MEETING OF MARCH 17, 1998
IN LIEU OF PARKING AGREEMENT WITH VANHILLE/CANCELLATION
AND REFUND OF PAYMENT
DATE: MARCH 13, 1998
On April 15, 1997, the City Commission approved an in lieu of
parking fee agreement with J. Blaine Vanhille based on a
development proposal for a proposed restaurant and lounge to be
located at 29 N.E. 1st Avenue. The agreement provided for the
payment of $24,000 in lieu of four required parking spaces. Mr.
Vanhille has made one payment of $6,000.00.
The Community Redevelopment Agency subsequently acquired Mr.
Vanhille's property through eminent domain to provide additional
parking downtown. In view of this, the in lieu of parking fee
agreement should be terminated and authorization granted for the
refund of the $6,000.00 already paid by Mr. Vanhille.
I recommend approval of this action.
ref:agmemol2
Community
Redevelopment
Agency
Delray Beach
March 6, 1998
Mr. David Harden
City Manager
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
RE: In-Lieu Parking Agreement for Former VanHille Property on NE 1st Avenue
Dear Dave:
In April of 1997, City Commission approved an In-Lieu Parking Agreement for Jerry VanHille for
the purchase of four parking spaces in the amount of $24,000 at his property on NE 1 st Avenue. He
has made one payment of $6,000 to date.
As you know, the CRA has acquired this property through eminent domain for additional parking
on Block 76, therefore, Mr. VanHille's parking agreement needs to be voided and his $6,000
returned. I would appreciate it if you would take this item to City Commission at their next regularly
scheduled//~ting.
hank y~ u r your assistance.
· Brown
Executive Director
/d
cc: David Tolces, Esq.
William P. Doney, Esq.
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640/Fax (561) 276-8558
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY lVlJ~AGER~
SUBJECT: AGENDA ITEM # - REGULAR MEETING OF MARCH 17, 1998
FUNDING FOR PROJECT GRADUATION/CHALLENGE FROM THE CITY
OF BOYNTON BEACH
DATE: MARCH 13, 1998
At the March 3rd regular meeting, Commission approved a $500.00
contribution to Atlantic Community High School for Project
Graduation, with funding to come from the City Commission Special
Event contingency account (~001-1111-511-48.10).
We have since received the attached letter from the City of
Boynton Beach challenging us to match their donation of $2,000.00
for Project Graduation.
With the $500 already approved, the contingency account balance is
$1,880.00. There are funds available, although matching the
additional $1,500.00 will reduce the amount in contingency to
$380.00. I am also concerned that we have students from Delray
Beach in three other high schools; Boca Raton, Spanish River and
Olympic Heights, who might make similar requests.
Recommend Commission consideration.
ref:agmemol0
The Cit of
Borvnton Beach
OFFICE OF THE CITY MANAGER
1 O0 E. Boynton Beach Boulevard
P.O. Box $I0
Boynton Beach, Florida $$425-0510
City Managers Office: ($61) $75.6010
FAX: ($61) $75-6011
FAX: ($61) 375-6011
March 5, 1998
Mr. David T. Harden
City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444-2698
Dear Mr. Harden:
The Boynton Beach City Commission at their regular City Commission Meeting of March
3, 1998 approved a $2,000 donation to Atlantic Community High School for Project
Graduation. At this time the City of Boynton Beach would like to challenge you, the City
of Delray Beach, to match that donation so that graduating seniors at Atlantic Community
High School can enjoy an alcohol/drug free celebration on their "special" night.
Please let me know if you accept the challenge.
Sincerely,
Kerry L. Willis
City Manager
KLW:jc
c: Honorable Mayor & City Commission
George R. Anderson, Project Graduation Committee
Kerry/Projection Graduation
America's Gateway to ti~ Gulfstream
[ITY OF DELRFIY BE#i:
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
~ MEMORANDUM
Ali.America City
TO: City Commission
1993 ney~
FROM: David N. Tolces, Assistant City Attor
SUBJECT: Keystone Creations - Appeal of Order Modifying Settlement
The purpose of this memorandum is to apprise you of the status of this case and to discuss
filing an appeal. The City Attorney's Office moved that the court issue an injunction to
cease Keystone Creations' ("Keystone") operation as a result of Keystone's failure to
complete the improvements by January 12, 1998, as set forth in the settlement agreement.
Keystone replied by requesting a modification of the settlement agreement affording
Keystone additional time to comply. In response to the motion, the court granted a nine
month extension to Keystone to allow the completion of the improvements. The court found
that sufficient improvements had been made and felt that giving additional time for total
compliance was preferable to immediately ordering the business to cease. During the nine
month period, Keystone must file a status report with the court every thirty days. The City
may during and at the end of the nine month period, if it feels progress is not being made,
ask the court to hold a hearing to grant the injunction. A copy of the order is attached.
At this time, the Commission may wish to appeal the order. The City Attorney's Office
would file the appeal asking the appellate court to overturn the Judge's decision based on a
theory that the Judge abused his discretion in granting the extension.
Under Florida law, the court does have the authority to modify a settlement decree if there is
a mutual mistake, such as the amount of time needed to complete the project. In this case,
the court viewed Keystone's work to complete the project as a good faith effort to comply
with the agreement. Rather than put Keystone out of business, the court granted the
modification, subject to the monthly review process. If the Commission authorizes the
appeal, the City would assert that the business is in violation of the City code, and should
cease operations. Florida case law also supports this position.
Our office estimates that the likelihood of success on an appeal is somewhat less than 50/50.
Appellate courts give deference to circuit court judges in cases involving equity and would
probably not find an abuse of discretion. Thus, while an appeal at this time may not be
successful, in the event Keystone fails to continue to complete the improvements, our office
City Commission
March 10, 1998
Page 2
recommends that the City move the court for an order to enjoin Keystone's operations. If, at
that time, the court denies the City's request, an appeal of a second denial Would be
available, and a recommendation to file an appeal would be forthcoming from our office.
Please call if you have any questions.
D NT: smk
Attachment
cc: David T. Harden, City Manager
keyston7.dnt
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT, IN AND
FOR PALM BEACH COUNTY, FLORIDA
CASE NO.: 97-115 AD
CITY OF DELRAY BEACH, a
Florida municipal corporation,
plaintiff,
v.
KEYSTONE CREATIONS, INC., a Florida corporation,
Defendant.
/
ORDER DEFERRING RULING ON PLAINTIFF'S MOTION FOR ENFORCEMENT OF
CONSENT FINAL JUDGMENT AND ISSUANCE OF AN INJUNCTION. AND ORDER
GRANTING DEFENDANT'S MOTION TO MODIFY CONSENT DECREE
THE CAUSE came before the Court on February 27, 1998. The Court, having heard the
argument of counsel,, having received limited evidence, and being otherwise duly advised in the
premises, does hereby
ORDER AND ADJUDGE that:
1. The Court defers ruling on Plaintiff's Motion for Enforcement of Consent Final
Judgment and Issuance of an Injunction.
2. Defendant's Motion to Modify the Consent Decree is (3RANTED.
3. The Consent Final Judgment is MODIFIED as follows:
a. The Defendant shall have nine (9) months from the date of this Order to comply with
the terms of the Consent Final Judgment and the Settlement Stipulation.
I 330580.2
b. Defendant shall file no later than the 28th day of every month, beginning with March
28, 1998, a report with the Court describing all actions Defendant has taken to
comply with the requirements of the Consent Final Judgment. A copy shall also be
sent to counsel for the City of Delmy;
c. If Defendant fails to file a monthly report, or the City of Delray is unsatisfied with
a monthly report, the City of Delray shall have the right to move its Motion for
Enforcement of the Consent Decree and Issuance of An .l. njunction for a hearing;
d. The Consent Final Judgment and the Settlement Stipulation shall remain in full force
and effect in all other respects.
DONE AND ORDERED this day of SIGNED AND DATED.
__ ,1998, at w6st Palm Beach, Palm
Beach County, Florida. [~AI~ - 3 ~998
· I'~EMOSES BAKER
MOSES BAKER, JR.
Circuit Court Judge'
Copies Furnished:
David N. Tolees, Esq.
Assistant City Attorney, City of Delray Beach,
200 NW 1st Avenue
Delray Beach, FL 33444
Roy E. Fitzgerald, Esq.
Gunster, Yoakley, Valdes-Fauli & Stewart, P.A.
777 South Flagler Drive, Suite//500 East
West Palm Beach, Florida 33401
2 330580.2
[ITY I]F [IELR#Y BER[H
CITY ATTORNEY'S OFFICE
F,\C!;iMJLE 4t~7 ~7:: 47~5 Wdtcr'~l)~rectl,ine:(~6I)243-7091
DELRAY BEACH
lil.lmrica City M E M 0 ~ N D U M
1993 TO: City Commission
FROM: Brian Shult, Assistant City Attorney
SUBJECT: ~h & Joan McCool v. City of Delray Beach
This case arises out of an alleged trip and tkll occurring on February 18, 1997. Mr. McCool
alleges that while walking on a sidewalk adjacent to Avenue L he tripped and tbli and
sustained injuries as a result of a difference in elevation between two slabs of concrete in the
sidewalk of approximately I" to 2".
Mr. McCool alleges that he has sustained permanent inju~ to his right shoulder and right
hand as a result of the fall. He ~nher alleges that he is unable to participate in any sports
activities, repair things around the house or help his wife with the gardening or lawn
maintenance. Mr. McCool has incurred approximately $5,000.00 in medical expenses to
date and alleges that he may be required to have surge~ on his shoulder in the fhture.
Mr. and Mrs. McCool's attorney has proposed a settlement in the fbrm of a demand fbr
judgment in the amount of $69,500.00, including attorney's fees and costs.
Our office recommends that the City not accept the proposed settlement, but, file a
Counteroffer of Settlement to be filed with the Court as an offer of judgment in the amount
of $15,000.00, exclusive of attorney's fees and costs.
By copy of this memo to David Harden, City Manager, our o~ce requests that the
Plaintiffs' demand for judgment and the request to file an offer of judgment on behalf of the
City be placed on the City Commission agenda of March 17, 1998.
Please call if you have any questions.
David Harden, City Manager
Alison Harry, City Clerk
Steve Hanzman, Gallagher Bassett
Frank Babin, Risk Manager
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM ~ ~K- REGULAR MEETING OF MARCH 17, 1998
APPOINTMENT TO THE CODE ENFORCEMENT BOARD
DATE: MARCH 12, 1998
Due to the automatic resignation of Robert McDonald from the Code
Enforcement Board, a vacancy has been created for a regular member
(subcontractor position) to fill an unexpired term ending January
14, 2000.
All members of the Code Enforcement Board must be residents of the
City. Appointments to both regular and alternate member positions
shall be made on the basis of experience or interest in the fields
of zoning and building control. The membership shall, whenever
possible, include an architect, a businessperson, an engineer, a
general contractor, a subcontractor and a realtor.
No applications are on file specifically for the subcontractor
position. However, applications have been received from the
following:
Michael Coston (resides in the north 2 months of the year)
William Paul Morris (currently serving as an alternate)
Anthony Veltri (currently serving as an alternate)
A check for municipal liens and/or code violations was conducted.
None were found.
The appointment will be made by Commissioner Egan (Seat ~2).
Recommend appointment of a regular member (subcontractor position)
to the Code Enforcement Board to fill an unexpired term ending
January 14, 2000.
ref:agmemol
CODE ENFORCEMENT BOARD
1998
Jam Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Martin Bellsey P/P P/P
James Griffis P/P P/P
John Goodman P/P P/P
Stanley Watsky A/A A/A
Barbara Holden P/P P/P
Lynn Gardner P/A P/P
Alternates
. (~pp~t 1/98)
Anthony ve~rl A/P A/A
William P. Morris ~- A
(appnt 2/98)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF MARCH 17, 1998
APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE
AND ADOPTION OF APPOINTING RESOLUTION NO. 22-98
DATE: MARCH 12, 1998
The terms for Leslie Horenburger (banking/mortgage industry
representative), Lloyd Hasner (real estate professional), Edward
Aptaker (citizen-at-large) and George Maso Jones (citizen-at-large)
will expire on March 31, 1998. Mr. Aptaker does not wish to be
considered for reappointment. Ms. Horenburger and Messrs. Hasner and
Maso Jones are eligible and would like to be considered for
reappointment. The term is for two years, ending March 31, 2000.
The Affordable Housing Advisory Committee meets on a bi-monthly basis
(or as needed) for the purpose of developing strategies to provide
housing to meet a wide range of economic abilities. City residency is
not required. A check for code violations and municipal liens was
conducted. None were found.
The appointments will be made as follows:
(1) Commissioner Eqan (banking/mortgage industry representative)
Michael Eisenrod
Joseph Farkas
Leslie Horenburger (incumbent)
(2) Commissioner Ellinqsworth (real estate professional)
)Michael Eisenrod
Lloyd Hasner (incumbent)
(3) Commissioner Randolph (citizen-at-large)
(4) ~a ,r Alperin (citizen-at-large)
Michael Eisenrod
Joseph Farkas
George Maso Jones (incumbent)
Edward McCall
~Ilse Nathan
~ Terrence Turbyfill
The appointments are formalized by resolution. Therefore, staff
recommends appointment of four members to the Affordable Housing
Advisory Committee followed by the adoption of Resolution No. 22-98.
ref:agmemo9
RESOLUTION NO. 22-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPOINTING MEMBERS TO THE
AFFORDABLE HOUSING ADVISORY COMMITTEE, PURSUANT TO
STATE LAW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida, under specific authority
established by State Statute, has established the State Housing
Initiative Partnership (SHIP) Program, which requires the City to
establish an Affordable Housing Advisory Committee; and
WHEREAS, the Affordable Housing Advisory Committee was
established pursuant to Ordinance No. 2-93, passed and adopted on
second and final reading by the Delray Beach City Commission on
February 23, 1993; and
WHEREAS, the Affordable Housing Advisory Committee
membership was established by Resolution No. 17-93 and Resolution No.
29-93, passed and adopted by the City Commission on March 10, 1993
and March 23, 1993, respectively; and
WHEREAS, four of the nine membership positions on the
Affordable Housing Advisory Committee will become vacant on March 31,
1998, due to the expiration of terms; and
WHEREAS, the City Commission desires to appoint members to
the Affordable Housing Advisory Committee to fill the vacancies
created by the expiration of these terms.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following members are hereby appointed
to the Affordable Housing Advisory Committee for two year terms,
commencing on April 1, 1998, and ending on March 31, 2000:
Leslie Horenburger , a citizen who is actively
engaged in the banking/mortgage industry;
Lloyd Hasner , a citizen who is a real
estate professional;
Terrence Turbyfill , a citizen-at-large; and
Ilse Nathan , a citizen-at-large.
Section 2. That this resolution shall become effective
immediately upon passage.
PASSED ~ ~OPTED in regular session on this the 17th day
of March, 1998.
ATTEST:
~'City ~erk ~
- 2 Res. No. 22-98
MEMORANDUM
TO: CITY COMMISSION
FROM: CITY MANAGER ~,~ ~
SUBJECT: APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD
DATE: MARCH 10, 1998
The terms for Deborah Dowd and Diane Borchardt, regular members,
will expire on March 31, 1998. Both Ms. Dowd and Ms. Borchardt
were appointed on March 18, 1997 for initial one-year terms.
They are eligible for reappointment and would like to be
considered. The term is for two (2) years, ending March 31,
2000. Attendance records are attached.
With the adoption of Ordinance No. 59-96 on January 21, 1997,
the Nuisance Abatement Board was established to hear evidence
relating to the existence of certain public nuisances on
premises located in the City. The board consists of five (5)
regular members and two (2) alternate members each appointed by
an affirmative vote of at least four members of the City
Commission. Members must be residents of the City.
The following persons have submitted applications for
consideration:
Diane Borchardt (incumbent)
Michael Coston (resides in the North for (2)
two months per year)
Deborah Dowd (incumbent)
Edward Ostrowski, Jr. (alternate member)
Willie Potts, Jr.
George A. Rotchford
Pursuant to Commission direction, a check for possible code
violations and/or liens were conducted. None were found.
The appointments will be made by Commissioner Randolph (Seat #4)
and Mayor Alperin (Seat #5).
Recommend appointment of two (2) regular members to the Nuisance
Abatement Board for a two-year term ending March 31, 2000.
nui.rft
.~!3"11,~97 WED 17:~2 FAX 407 278 4755 DEL BCH CTY
ATTY
CITY
HALL
[ITY OF OELAAY BEAgH ...... :'"
FACSIMILE ~07/27S.¢755
'1993
DATE: March 11, 199g
TO: David T. Harden, City Manager
Joseph Safford, Finance Dh'ector
FROM: Susan Ruby, City Attorney
Number of pages (including cover sheet) 10
CITY ATTORNEY'S OFFICE
CITY OF DELRAY BEACH, FLORIDA
IF ANY OF THE PAGES ARE NOT CLEARLY RECEIVED, PLEASE
CALL (561) 243-7090 IMMEDIATELY.
COMMENTS: 175/185 - Stares Report - Important Infonnation
Attached is a report from Jim Lima. Would you li~e him to secure
an exemption? If so, perhaps this matter should be placed on a
City Commission agenda for a decision.
Please call.
03'11'98 WEI} 17:0o FAX '4o? 278 47$g DEL BCI-I CTY ATTY *--,-~ CITY ItALL
LEWIS, LONGMAN & WALKER, P.A.
,~ r T 0 R N E Y 5 A T t A W
KENNETH G SPILLI~
18~1 222,5~2 · FAX 1850) 224,g2a2 ~ICHELLE WILLIAN~S
~E~ PREll B~AC~, FLORI~ ltaOI
.~,L~ ~ Iailahassee
MEM. ORAND .UM
To: Municipal and Fire District Clients
From: Jim Linn -] L-
Re: Police/Firefighter Pension Legislation - Status Report
Date: March 9, 1998
.HB 3075 was amended and reported favorably by the House Governmental
Operations on March 5, by a vote of 5-0. Local government representatives testified against
the bill, but it was clear the unions had the votes_ One of the amendments revises the
supplemental plan exemption (this was proposed by the Division of Retirement). The other
amendment revises the definition of compensation for police officers (this was proposed by
police unions). Copies of both amendments are attached, together with a one page
summary of local government concerns and proposed solutions.
HB 3075 is slated to go to the House Finance and Tax Committee next (a date has
not yet been set). However, the unions will undoubtedly try to get the bill withdrawn from
this committee so it can proceed directly to the House floor. ^ list of Finance and Tax
Committee members is attached. Local governments are urged to contact members of the
House Finance and Tax Committee to let them know the impact this bill will have.
It is apparent that the unions have solidified their political support in the House. I
will continue to work closely with other local government representatives on amendments
that will address the most serious concerns. E×emptions now seem to be the name of the
game. Jacksonville has obtained a complete exemption from the bill for its police and fire
plans. Tampa is seeking a similar exemption. Sixteen other cities with "supplemental plans"
have been exempted from the compensation definition and board composition provisions
of the bill. If you woUld like to explore the possibility,.~of an exempti, ort for .¥ou.~ plan(s),
,..~}3 ~11.~98 WEI~ 17:03 FAX 407 278 475.5 DEL BCH ('TY ATTY -~-~-~ CITY HALL
March 9, 1998
Page -2-
Meanwhile, SB 270 is scheduled to be heard by the Senate Community Affairs
Committee on March 12 at 2:30 p.m. (it was not taken up last week). A list of the members
of the Senate Community Affairs Committee is attached, If you have not done so already,
please write to the committee members with your concerns about the bill. Ask them to
sponsor and support amendments addressing local government concerns. Please send me
copies of any letters you send, and any responses you receive.
We are continuing to work closely with other local government representatives to
secure amendment sponsors. The only way this legislation will be defeated or substantially
amended is if enough local governments voice their concerns to lawmakers.
We will continue to keep you apprised of all developments.
peosio53,mem
~3 11'98 WED 17:o3 FAX 407 278 475.~ DEL BCI-I C_'TY ATTY -~-~-~ CITY HALL
-, _CS/HB 3075 (POLICE AND I:IREFIGHTER PE~NSION PLANS)
LOCAL GOVERNMENT CONCERNS AND PROPOSED SOLUTIONS
by Jim Linn (222-5702)
3/4/98
Overview: NB 3075 rewrites Chapters 175 and 185, Florida Statutes - the laws
governing local police and firefighter pension plans. There are more than 360 such plans
now in operation. Of these, 37 are "chapter plans," which simply adopt the statutes; and
328 are "local law" plans, which are created by local ordinance or special .act and must
meet certain standards in Chapters 175 and 185, but may be different in many respects.
Last year these pension plans received more than $ 65 million in insurance premium taxes
collected pursuant to Chapters 175 and 185. However, local governments contributed
more than this amount to their local police and firefighter pension plans, HB 3075 would
require all "local law" plans to comply with all "chapter plan" requirements, and mandates
a number of other changes in the way local plans are now operating.
Local Government Conc.?.ns and Proposed Solutions:
1. Problem: HB 3075 permits police and firefighter pension boards to divert
ali premium tax revenues to a "separate supplemental plan" to pay extra benefits to police
officers and firefighters (See Sections 36 and 76). This will result in funding deficits that
local governments are required by law to pay. If all pension boards decided to divert the
premium [ax revenues to a supplemental plan, the resulting funding deficit in the existing
plans would equal at least $65 million, and this figure is expected to increase this year.
Solution: HB 3075 should be amended to require local government approval
of any diversion of premium tax revenues from existing pension funds.
2. Problem: HB 3075 mandates changes in local pension plans tl~at will impair
existing contracts, in violation of the florida Constitution. Many cities and special districts
have existing contracts with police and firefighter unions, and pension boards, that cover
pension benefits and how premium tax revenues should be allocated. Some of these
contracts were made in settlement of litigation, and have been in effect for years. HI3 3075
mandates that all local plans comply with the new law by December 31, 1998 (or, if a
special act is needed, by July 1, 1999)_ There is no exemption or limitation in the bill for
conflicting provisions in existing contracts. Article i, Section 10 of the Florida Constitution
expressly prohibits the passage of any law impairing the obligation of contracts.
Solution: HI3 3075 should be amended to ensure that existing contracts are
not impaired.
3. Problem: Local governments will be required to comply with al_J mandated
benefits in the bill, regardless of whether their current benefits exceed the required
minimums in some categories. Local governments have negotiated agreements with police
and fire unions in many areas that specify greater pension benefits in some categories and
smaller benefits in other categories. For example, many local plans have pension accrual
rates that exceed the two percent minimum in MB 3075, but have disability benefit offsets
that limit the total benefits a disabled retiree may receive to 100% of pre-disability wages.
u3'11.9~ WED 17:¢~3 FAX 407 278 475.~ DEL BCH CTY ATTY -~-~-~ CITY HALL
HB 3075 would require the elimination of disability offsets, but would not give local
governments any credit for benefits that exceed the minimums in other areas.
Solution: This problem could be easily remedied by an "alternative
compliance" amendment that would allow local governments to meet the minimum benefit
requirements if they submit a statement from an enrol[ed actuary that the overall value of
local plan benefits is the same or greater than the overall value of the minimum benefits in
the bill.
4. Problem: The definition of "special fire control district" in HB 3075
excludes any district that has employees under the Florida Retirement System. Tills would
exclude those districts that withdrew from FRS 2 years ago to set up a Chapter 175 plan, but
still have employees under FRS.
Solution: Amend the definition to provide that fire districts that have some
employees in FRS are not precluded from participating in Chapter 175 if they otherwise
meet the requirements of the statute.
5. Problem: HB 307S requires all fire departments that receive premium tax
revenues under Ch. 175 to "own and use apparatus for the fighting of fires that is in
compliance with National Fire Protection Association Standards." Many smaller departments
use older equipment that does not meet current standards.
Solution: This requirement has apparently never been enforced, and should
be eliminated.
Problem: HB 3075 limits the amount of Ch. 175 premium taxes to fire
districts that opted out of FRS, by excluding employees who participate in FRS from the fire
department payroll. The bill should be amended to ensure that fire districts which opted
out of FRS in 1995 will continue to receive premium tax distributions based on their tota~l
fire department payroll.
7. Problem: HB 3075 does not expressly state that local government
participation is voluntary. Under current law local governments can opt into or out of
Chapters 175 and 185, at their discretion.
Solution: HI3 3075 should be amended to clearly state that participation is
purely voluntary ( i.e., if local governments want to receive premium tax revenues under
Chapters 175 and 185, they must comply; but if they do not want the premium taxes, they
can opt out.
hb30?S 13.s~Jrn
llgg WED 17:(;4 FAX 407 278 4755 DEL BCH CTY ATTY *++ CITY HALL
~OUSE A/4ENDM~NT FOR COmMiTTEE PURPOSES
Bill No. CS/HB 30~.5
Amendment No. 01 (~or drafter's use only)
COMMITTEE ~CTION
Y N ¥ N
1 ADOPTED FAILED TO ADOPT
2 ADOPTED AS AMENDED WITHDRAWN
3 ADOPTED w/o OBJECTION OTHER
7 Committee hearing bill: Governmental Operations
8 Representative(s) o~fered the following:
9
10 Amendment
11 On page 74, lines 4 through 3~, and
12 On page 75, lines I through ~5,
13 remove from the bill: all said lines
14
15 and insert in lieu thereof:
16 Section 1.
17 (~) "Compensation" or "salary" means the total cash
~8 remuneration incl~in9 "overtime" paid by.the primary employer.
]9 to a_police officer for services rendered, but not inckuding
20 any payments for extra duty or a special detail ~or~ performed
2~ on behalf of a second party employer. Provided, however, a
22 local law plan may limit the amount of overtime payments which
23 can be used for retirement benefit calculation purposes, but
24 in no event shall such overtime limit be less than 300 hour~
25 per officer per calendar year.
26 (a),~9 Any retirement trust fund or plan which now or
27 hereafter meets the requirements of this chapter shall not,
28 solely by virtue of ~his subsection, reduce or diminish the
29 monthly retirement income otherwise Payable to each poli~e
30 officer covered b.y the retirement trust fund or plan.
31 ~b~%~ The member's compensation or salary contributed
03/04/98
hgoO002 06:17 pm h3075-000-01
__.1)3,'11~98 t~EI) 17:04 FAX 407 278 4755 DEL BCH CTY ATTY ~ CITY HALL
HOUSE AMENDMENT FOR COMMITTEE PURPOSES
Bill No. C$/~B 3075
A~endment No. 01 (for d~after's use only)
1 as employee-elective sala[y'reduccions or deferrals to any
2 ~alary reduction, de~erred compensation, or tax-~heltered
3 annuity Program authorized under the In~ernal Revenue Code
4 shall ~e deemed to be the compensation or salary the member
5 would receiue if he or she were not participating in such
6 program and s~all be treated as compensation for retirement
7 purpose~ under this chapter.
8 (c)~8~ For a~ person who first becomes a member in
9 any plan ~ear beginning on or a~ter January 1, 1996,
~0 ~omp~en~ation for any~plan year shall not include any amoun~z
~] in excess of the internal Revenue Code Section
]2 limitation [as amended by ~he Omnibus Budget Reconciliation
]3 Act og ]993], which limitation of $150,000 shall be adjusted
14 as required by federal la~ for ~ualified government ~lans and
]5 shall be ~urther adjusted for changes in the cost of livinq..in
16 the manner provided by Imternal Revenue Code Section
~7 401(a)(17)(B). For anLperson ~ho first became a member prior
]8 to the first plan ygar beginning on or after January ], 1996,
~9 the limitation on compensation shall be not less than the
20 maximum compensation amount that was allowed to be ~aRen into
2~ account under the plan as in effect on July ~, 1993, ~hiCh
22 limitation shall be adjusted for changes in the cost of living
23 since 1989 in the manner provided by Internal Revenue Code
24 Section 401 (a)(17)(1991).
26
27
28
29
30
03/04/98
hgo000~ 06:17 pm h3075-000-01
1~31198 ~¥ED 17:05 FAX 4O7 278 ~755 DEL B¢'H CTY ATTY ~ CITY HALL
HOUSE AMENDMENT FOR COMMITTEE PURPOSES
Bill No. CS/HB 3075
kmendment No. 02 (for drafter's use only)
COMMITTEE ACTION
X N . Y N
1 ADOPTED . FAILED TO ADOPT
Y N
2 ADOPTED AS AMENDED WITHDRAWN
3 ADOPTED w/o OBJECTION OTKER
4
7 Committee hea[in~ bill: Governmental Operations
$ Representative(s) offered h~e ~ollowin~:
9
~0 Amendment
11 On page 79, lines 9 through ~$,
72 remove from the bill: all said lines
14 a,d insert in lieu thereof: (~5) "Supplemental plan" means
]5 a plan to which deposits of the premium tax monies as provided
~6 in ~. ]85.08 are made to provide extra benefits to police
]7 officers, or police officers and firefighters where included,
18 under this chapter. Such a plan is an element of a local law
19 ~lan and exists i~ conjunction wit~ a defined benefit plao
20 that meets the minimum benefits and minimum standards o~ this
21 c__hapter.
22 {16) "Supplemental plan municipality" mea~..any local
23 law municipa~lity in which there existed a supplemental plan as
24 of January 1, 1997.
25
26
27
28
29
30
31
03/04/98
hgo0002 06:18 pm h3075-000-02
o3~11,'9S WED 17:05 FAX 407 27S 475~ DEL B('H CTY ATTY ~- CITY HALL
Florida House of Representatives Committee Members 03/09/98 Page
Committee: Finance & Taxation
Chair STARKS Bob (850)-488-5843 223, Cap.
v-Ch HILL Anthony C (850)-488-6893 212, Cap.
ARNALL Joe (850)-488-0001 430, HOB
BYrD Johnnie B (850)-488-0807 206, HOB
COSGKOV~ John F (850)-488-9550 1401, Cap.
DOCKERY Paula B (850)-488-2270 1201, Cap.
FASANO Michael (850)-488-8528 323, Cap.
GELLER $~even A (850)-488-0145 411, HOB
JACOBS Suzanne (850)-488-1662 212, Cap_
MURMAN Sandra L (850)-488-9910 319, ~OB
OGLES Mark R (850)-488-g341 406, ~OB
PUTNAM Adam H (850)-488-9890 1201, Cap.
ROJAS Luis (850)-488-1683 1302, Cap.
SILVER Barry M (850)-488-1302 334, HOB
TkMA~GO Deborah (850)-488-9460 321, Cap.
TOBIN Jack N (850)-488-3164 1402, Cap.
?3 1.1.: 9~ WED 17:n5 FAX 4o7 278 4755 DEL BCH CTY ATTY -+-~-~ CITY HALL
SENATE COMMUNITY AFFAIRS COMMITTEE
Chair John McKay (R-Bradenton)
Room 318, Senate Office Building
Tallahassee, Florida 32399
904/487-5078
Vice Chair William G. "Doc" Myers (R-Stuart)
Room 236, Senate Office Building
Tallahassee, Florida 32399
904/487-5088
Virginia "Ginny" Brown-Waite (R-Brooksville)
Room 316, Senate Office Building
Tallahassee, Florida 32399
904/487-5040
Roberto Casas (R-Hialeah)
Room 216, Senate Office Building
Tallahassee, Florida 32399
904/487-5106
Fred R. Dudley (R-Cape Coral)
Room 313, Senate Office Building
Tallahassee, Florida 32399
904/487-5124
Patsy Ann Kurth (D-Palm Bay)
Room 258, Senate Office Building
Tallahassee, Florida 32399
904/487-5053
Matthew I. Meadows (D-Lauderhill)
Room 224, Senate Office Building
Tallahassee, Florida 32399
904/487-5112
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # q/~ - MEETING OF MARCH 17, 1998
DATE: MARCH 16, 1998
Attached is an additional update on pension issues. (Item 9 N
Police/Firefiqhter Pension Leqislation/Status Report.
05115/98 FRI 16:46 FAX 407 278 4755' DEL BCH CTY ATTY ~-*-~ PURCHASING ~001
[ITY OF DELA#Y BEAgH
Clff A~ORNEY'S OFFICE ~o~c~ TM ,~?~?~.~?~~'~' ~"~ ,~,. ~o,~ ~,,
DEL~Ay BLACH
DATE: March 13, 1998
TO: David Harden, City Manager
Ned Gusty, Director of Human Resources
Joe Safford, Director of Finance
FROM: Susan Ruby
Number of pages (including cover sheet) 8
CITY ATTORNEY'S OFFICE
CITY OF DELRAY BEACH, FLORIDA
IF ANY OF THE PAGES ARE NOT CLEARLY RECEIVED, PLEASE
CALL (561) 243-7092 IMMEDIATELY.
COMMENTS: Here is an additional update on pension issues.
03/13/98 FRI 16:46 FAX 407 278 4755' DEL BCH CTY ATTY .~ PURCHASING ~ov~
MAK-IY981FRI) 09'31 LEWIS, LONGMAN~WALKER TEL'904-224-9242 P. 002
LEWIS, LONGMAN & WALKER, P.A.
~K~ E. L~15
,~ ~ Tallahassee
MEMOR~N DUM
To: Municipal and Fire District Clients
From: Jim Linn ._~L-
Re: Police/Firefighter Pension Legislation -Status Report
Date: March 13, 1998
* * * A RAY OF SUNSHINE... AND A REQUEST FOR ACTION (SEE PAGE 2) * * *
Yesterday the Senate Community Affairs Committee adopted the first local
government amendment to this year's policeJfirefighter pension ~egislation, and then TP'd
(temporarily postponed) the bill until next week. The amendment, which deletes the fire
apparatus standards requirement from SB 270, was sponsored by Sen_ "Doc" Myers (R-Hobe
Sound). Sen. Myers did an exceUent job presenting the amendment, and wa~ a~sisted in
debate by Sen. Ginny Brown-Waite (R-Brooksville)_ After about 45 minutes of debate, 5eh.
Brown-Waite suggested that the bill be T?'d to give its prime sponsor, Sen. W.D. Childers,
(R~Pensacola) a chance to personally present the bill. Senator ChHders was not ab{e to
attend this week's Community Affairs Committee meeting.
Also left pending was another Ioca~ government amendment by Sen. /v~yers (copy
attached) and two union amendments (the same amendments that were adopted by the
House Governmental Operations Committee fast week: one revising the supplementa~ plan
exemption and the other revising the definition of compensation for police officers}. The
Myers' amendment is significant for local governments: it crearly ~tates that local law plans
would have to comply with the requirements of Chapters 1 75/185 "only to the ex'tent that
additional premium tax revenues become available" (which is what union lobbyists have
been saying the bill provides all along)_ The Myers' amendment also clearly states that local
governments can opt into and out of Chapter 1 75/185 plans at their discretion. Police and
fire union {obbyists opposed the Myers' amendments.
03/13/98 FRI 0g:24 [TX/RX No 9296)
03/13/98 FRI 16:47 FAX 407 278 4755 DEL BCH CTY ATTY -~-~-~ PURCHASING ~]003
MAR.-IY 98{FRI} 09:31 LEWIS, LONGMAN&lqALKER- TEL:gu6-224-9242 P. 003
March ~ 3, 1998
Page ~2-
ACTION REQUESTED: If you have not yet contacted members of the Senate
Community Affairs Committee about SB 270, or even if you have, now i$ the time to do
so~ before next week's meetin8 (which could be as early a~ Tue~la~, Mar_ch 17). Phone
calls will have the greatest impact at this point. ^ list of Committee member~ is attached_
The message is this:
1. Your city/district is extremely concerned about the financial impact 5B 270
could have. Last year your city/district received $ in premium ta~ revenues, and the
bill gives pension boards the power to dive~t these revenues to a supplemental plan to
provide "extra benefits" to Dolice officers and firefighters_ Your pension funding is based
on continued receipt of premium tax revenues, and projected future increases in those
revenues.
2. Sen. Myers has 2 pendin§ amendment~ that will greatly reduce the f~scal impact
of the bill on local governments. The amendment~ make clear that local governments will
have to comply with the new pension law only to the extent that additional premium tax
revenues become available to fund the full cost of such compliance. The amendments also
ensure that local governments can opt into or out of Chapter 1 75 and 185 pension plans at
their discretion, which is current law.
3. Please support the Myers' amendments.
As previously reported, HB 3075 is 51ated to go to the House Finance and Tax
Committee next (a date has not yet been set, but it will likely be within the next week or
two). The Committee Chair, Bob 5tarks (R-Orlando), will give the bill a full hearing in his
committee, and will not prohibit amendments_ A list of Finance and Tax Committee
members is at~ached, total governments are urged to contact members of the House
Finance and Tax Committee to let them know the impact this bill will have. The
amendment local governments will be supporting in F & T is the "alternative compliance"
amendment offered previously by Rep, Dockery. ^ summary of this amendment is attached.
Thanks for all your efforts_ They are beginning to have some impaq. We will
continue to keep you apprised of all developments. Please call me if you have any
questions.
Attachments
pensios4.rnem
03/13/98 FRI 09:24 [TX/RI NO 9296]
03115198 FRI 16:48 FAX 4(17 278 4755' DEL BCH CTY ATTY -~-,-~ PURCHASING
~.-to v~lr~J ~ ~z U~WI~, UON(fi~AN&.WALKER. TEL:904-224-9242 P. 004
AMENDMENT TO THE "STRIKE .~VER~HING" AMENDMENT TO SB 270
LO~L.~W p~N C~MPLIA~CE; OPTIONAL PARTICIPATION
~POLICE AND ~REFIGHTER P.ENSIONS)
SB 270 MAKES A NUMBER OF REVISIONS 10 THE ~WS
GOVERNING POLICE AND FIREFIGHTER PENSION P~NS. LOCAL
GOVERNMENTS BELI~E THE BILL IS AN UNFUNDED MANDATE WHICH
WILL HAVE A SIGNIFI~N1 FIS~L IMPACT ON LOlL GOVERNMENTS.
THE BILL'S PROPONENTS SAY IT WILL HAVE NO FISCAL IMPAq,
BEMUSE LOCAL GOVERNMENTS ARE ONLY REQUIRED TO COMPLY AS
ADDITIONAL PREMIUM T~ES BECOME AVAI~BLE. THE BILL'S
PROPONENIS ALSO SAY THAT LOCAL GOVERNMENT PARTICIPATION IS
VOLUNTARY, AND THAT LOCAL GOVERNMENTS CAN OPT OUT OF
CHAPTERS 175 AND 185 AT ANY TIME.
THESE AMENDMENTS SIMPLY C~RIFY THE BILL TO SLATE WHAT
THE PROPONENTS SAY IS INTENDED:
1. LOCAL ~W P~NS WOULD BE REQUIRED TO COMPLY WITH
THE PROVISIONS OF CHAPTE~ 175/185 ONLY TO THE E~NT ~HAT
ADDITIONAL PREMIUM T~.REVENUES B. ECOME AVAI~BLE. THIS WILL
MINIMIZE THE COST IMPA~ OF THE BILL ON LOCAL GOVERNMENTS.
2. LOCAL GOVERNMENTS MAY OPT INTO OR OUT OF A CHAPTER
175/185 PENSION P~N AT THEIR DISCR~ION.
SB27CkB.TLK
03/13/98 FRI 09:24 [TX/RX NO 9296]
03/la/95 FRI 16:48 F.~ 407 278 4755 DEL BCH CTY ATTY
~ TEL: 9o4-224-9242 P, OOS
4
I 1 Senator ~yers mov~d the following ~en~ent:
13 Senate ~A~ent (with title
~4 OD page TO, between lines 3
15
17 Section 42. ~ection 175.411, P.S., is created to. read:
18 ~75.411 Local Law Plan Compliance~ ~tional
19 P~r t t citation.--
20 ~tvithsta~aing..agy other ~=ovision 0f law, local law
21 plans_in_e~eg~ .0n October 1, 1998 shall
23 a~![~o~l ~remium:t~!. revenues b~=~e_ayaila_b%~ to f~nd th*_
24 f~11 cost of sucg ~liance. ~o[: t~ ~u[~$e ?f ~b~s seetioB,..
25 "a~ditional premium tax revenues" mea~s rg_~enu~s~gc~iv~ _by.a
26 mu~iciDalit~_?r s~euial fire control ~istrict ~ursuant to s.
27 ~75-121 tb~t e~ceed ~he a~unt_..reee~v~d d~ring
28 c~len~ar ~ear. A muni~i~t~ g~ special ii~e c~trol district
29 may om~ iRto.or out of a p~nsion pl~ establi~h~ ~ur~u~nt _.t0
30 t~s ehaDte= at its discretion.
31 [Renumber subsequent Sections]
1
12:35 PM 03/11/98 sO270.ca~7.0a
03/13/98 F~I 09:24 [TX/RX NO 9298]
03/13/98 FRI 16:49 FAX 407 278 475g DEL BCH CTY ATTY *~ PURCHASING ~006
MAR,-13'gN(FR1) 09:33 LEWlS, LONGMANk~ALKE~ TEL:904-224-9242 ?.006
"ALT~"RlqATIVE COHPL,IANCE" ~P~TS TO CS/~ )075
POLICE ~ ~I~FI~E~ P~SI~S
~S~ ~~S ~O~DE ~ ~T~T~ C0~LI~CE ~~I~
FOR ~SE LO~ ~W P~SION P~S ~T ~ OH ~CE~ ~ ~NI~
B~FITS ~ATED
~ ~07B WO~D HE~RE T~SE P~SION P~ TO CO~LY WI~ T~
~~ C~TER ~Q~~s iN ~aY ~TE~y, ~~LESS OF
~~ ~ O~L V~ 0F PL~
~~S. ~ER ~ BILL AS ~I~. LO~ ~~~S WO~
~CEI~ NO '"CREDIT" FOR PROVID~G BE~ B~FITS IN MOST
~mS ~~ WO~ GI~ LOC~ G~S ~00~NS FOR
1. ~Y ~0~D S~MIT A STAT~ FR~ ~ E~OLLED A~TU~Y
T~T ~ A~I~ ~ OF P~ B~FITS IS T~ ~ ~ O~ GR~TE~
a. ~Y COu~m ~R TO ~I~ ~LO~ES A ~FIT STRUC~E
~ ~LOYEES NOW
T0 DECIDE ~ICH B~FITS TH~
03/13/98 FP.I 09:24 [TX/RX NO 9296]
.__ 03/13/98 FRI 16:49 FAX 407 278 475~ DEL BCH CTY ATrY ~ PURCHASING ~007
MAR.-13'98(FRI) 09:33
F-l°~ida House of Represen~a~ive~ Committee Member~ 03/09/98 Page 1
Committee; Finance & Taxation
Chair STARK~ Bob (850]-488-5843 223, Cap.
V-Ch HILL Anthony C (850)-488-6893 212, Cap.
ARNALL Joe (8501-488-0001 430, HOB
BYRD Johnnle B (850)-488-0507 206, HOB
COSGROVE John F (850)-488-9550 1401, Cap.
DOCKERY Paula B (850)-488-2270 1201, Cap.
FASANO Michael (8501-488-8528 323, Cap.
GELLER Steven A (8S0)-488-014~ 411, HOB
JACOBS Suzanne (850)-488-1662 212. Cap.
MURMAN Sandra L (850~-488-991O 319, HOB
oGLES Mark R (850)-488-6341 ~06, ~OB
PUTNAM Adam H (85D)-488-989~ 1201, Cap.
ROJAS Lui~ (850)-488~168~ 1302, Cap.
SILVER Barry M (B50)-488-13o2 334, HOB
TAMA~GO Deborah (850)-488-9460 321, Cap.
TOBIN Jack N {850)-~88-3161 1402, Cap.
03/13/98 FRI 0,:3:24 [TX/RX NO 9296]
03/13/98 FRI 16:49 FAX 407 278 475§ DEL BCH CTY ATTY -~-~-, PURCHASING [~008
SENATI~ COMMUNITY AFFAIRS COMMllr[,E~
Chair John McKay (R-Bradenton)
Room 318, Senate Office Building
Tallahassee, Florida 32399
904/487-5078
Vice Chair William G. "Doc" Myers (R-StuartJ
Room 236, Senate Office Building
TaJlahassee, Florida 32399
904/487-5088
Virginia "Ginn¥" Brown-Waite (R-Brooksville)
Room 316, Senate Office Building
Tallahassee, Florida 32399
904148 7-5040
Roberto Casas (R-Hialeah)
Room 216, Senate Office Building
Tallahassee, Florida 32399
904/487-5106
Fred R. Dudley (R-Cape Coral)
Room 313, Senate Office Building
Tallahassee, Florida 32399
904/487-5124
Patsy Ann Kurth (O-Palm Bay)
Room 258, Senate Office Building
Tallahassee, Florida 32399
904/48 7-5053
Matthew J. Meadows (DoLauderhill)
Room 224, Senate Office Building
Tallahassee, Florida 32399
904/487-5112
03/13/98 FRI 09:24 [TX/RX NO 9296]
03/13/9B 17:33 To:Citv Official From:JennV Anderson Page i/2
FACSIMILE COVER PAGE
Date: 3/13/98
Time: 16:19:18
Pages: 2
To: City Official
Company: City of Delray Beach
Fax #: (561) 243-7166
From: Jenny Anderson
Title: Legislative Assistant
Company: Florida League of Cities
Address: 201 W. Park Ave
Tallahassee, FL 32301
Fax #: 850-222-3806
Voice #: 850-222-9684
Copyright Cheyenne Software, Inc.
03/13/9B 17:33 To:Citv Official From:Jennv Anderson Page 2/2
These bills take away city authority, the collective bargaining requirement, and an opportunity for sound fiscal
planning. The city is the only party in the pension funding scheme who has a constitutional and statutory
obligation to contribute, on an annual basis, whatever funds are necessary to make the plan actuarially sound.
HB 3075 (Pruitt, Thrasher, Starks, Feeney, Futch, Crist, Ritchie, Fasano, and De la Portilla), and SB 270
(Child·rs, Dudley, Dyer, Silver, Tumer, Jones, Casas, Forman, Campbell, Holzendorf, Thomas, Diaz-Balart,
Gutman, Crist, Rossin, Brown-Waite, Bronson, Harris, Klein, Myers, Kurth, Meadows, McKay and Clary) are
very similar to last year's bills and are potentially significant unfunded mandates. SB 270 was temporarily
postponed on March 12, in the Senate Community Affairs Committee. We expect the bill to come up again in
this committee on March 17, at 9:00 a.m., and in the House Finance and Taxation Committee on March 18, at
10:00 a.m.
The unions and Division of Retirement amended the definition of "compensation" (and technically
amended the definition of"supplemental plan") in the House bill. Now for police, a local law plan must include
300 hours of overtime and exclude second party off duty pay in calculations of retirement salary. In addition, a
plan may not use any actuarial equivalency comparisons as an option to the statutory definition. Six-teen cities
with supplemental plans as of January, 1997 are exempt from the compensation and board composition
requirements of the bill, and the Jacksonville plans are totally exempted from the bill.
The Division of Retirement and unions told the committee that these bills would not cost the cities and
districts any money, because they could use the growth in premium taxes to cover the new costs.
Amendments proposed by Senator Myers, to make this clear, were strongly opposed by the fire unions last
week, before SB 270 was temporarily postponed.
We especially thank Senators Brown-V~aite and Myers for their strong support of home rule:
This issue is very important to understand because your legislators will be told there is no fiscal impact by
the unions, erroneously.
If your pension plan funding and contribution rates are based on the current use of premium tax dollars,
however allocated, then growth in these monies is probably being counted on to cover future costs.
1) If the state mandates new minimum benefits (per the bills), and the city or district has to allocate growth
premium tax monies to pay for those benefits (as allowed in the bills), the city or district loses the use of
those growth premium tax monies to pay for current or future costs.
2) If the board of trustees decides to take all the premium tax dollars (the city has no legal approval rights)
from where they are used now and transfer them into a new supplemental plan (per the bills), the city or
district may have to appropriate monies to cover the original plan (where they are used now). Remember,
employee contributions cannot be raised, under the bills, unless the union agent OR the plan members
approve.
For additional information please contact Carol Marchner at the League office at (850) 222-9684.
Florida League of Cities · P.O. Box 1757 · Tallahassee, FL 32302-1757 · (850) 222-9684 · Suncom 278-5331 · FAX (850) 222-3806
£1T¥ OF I)ELRI:I¥
Writer's Direct Line: (561) 243-7090
p~LRo~Y~
AIJ.AmerJca City MEMORANDUM
1993
TO: City Co~ission
FROM: David N. Tolces, Assistant City Attom~
SUBJECT: Transfer of Pro_c~rty_ to Habitat for Humanity.
The attached Quit Claim Deeds, if approved, will transfer two parcels to Habitat for
Humanity of Boca-Delray. The City acquired both lots from Palm Beach County as a
result of the County acquiring the lots due to unpaid taxes. One lot is located at 329
N.W. 5th Avenue and the other lot is located at 214 S.W. 5th Avenue. Habitat for
Humanity will construct a single family home on each lot. Pursuant to section 36.35 of
the City code, a public hearing has been scheduled with respect to the transfer of the
lots.
If you have any questions, please call.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Mike Simon, Program Specialist
habitat.dnt
/0 .A
Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Defray Beach, Florida 33444
Property Control Number 124346-16-01-025-0030
QUIT-CLAIM DEED
THIS QUIT-CLAIM DEED, executed this ~ day of March, 1998 by CITY OF DELRAY BEACH, a
Florida municipal corporation, and having its principal place of business at 100 N.W. 1st Avenue, Delray Beach,
Florida 33444, First Party, to: HABITAT FOR HUMANITY OF BOCA-DELRAY, whose mailing address is 2200
N.W. 2nd Avenue, Boca Raton, Florida 33431, Second Party:
(Whenever used herein the term "First Party" and "Second Party" include singular and plural, heirs, legal representatives, and assigns of individuals, and the
successors and assigns of corporation, whenever the context so admits or ~quires.)
WITNESSETH, That the said First Party, for and in consideration of the sum of Ten ($I0.00) Dollars in hand
paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-
claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has
in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach,
State of Florida, to-wit:
Lot 3 Block 25, Map of the Town of Linton, Florida, according to the plat recorded in
Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, being the real
property described in the tax deed recorded in ORB 9459, Page 1235, Public Record of
Palm Beach County, Florida
TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or
anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First party,
either in law or equity, to the only proper use, benefit and behoof of the said Second Party forever.
IN WITNESS WHEREOF the said First Party has caused these presents to be executed in its name, and its
corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above
written.
WITNESS #1: PARTY OF THE FIRST PART
CITY OF DELRAY BEACH, FLORIDA
By:.
(name printed or typed) Jay Alperin, D.D.S., Mayor
WITNESS #2: ATTEST:
By:.
(name printed or typed) Alison MacGregor Harty, City Clerk
Approved as to Form:
STATE OF FLORIDA David N. Tolces, Assistant City Attorney
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of March, 1998, by
who is personally known to me/or has produced
(type of identification) as identification and who did (did not) take an oath.
Signature of Notary Public-State of Florida
quitdeed.agt
Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
Property Control Number 12-43-46-16-01-023-0040
OUIT-CLAIM DEED
THIS QUIT-CLAIM DEED, executed this ~ day of March, 1998 by CITY OF DELRAY BEACH, a
Florida municipal corporation, and having its principal place of business at 100 N.W. 1st Avenue, Delray Beach,
Florida 33444, First Party, to: HABITAT FOR HUMANITY OF BOCA-DELRAY, whose mailing address is 2200
N.W. 2nd Avenue, Boca Raton, Florida 33431, Second Party:
(Whenever used herein the term "First Party" and 'Second Pan'y" include singular and plural, heirs, legal representatives, and assigns of individuals, and the
successors and assigns of corporation, whenever lhe comext so admils or requi~s.)
WITNESSETH, That the said First Party, for and in consideration of the sum of Ten ($10.00) Dollars in hand
paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-
claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has
in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach,
State of Florida, to-wit:
Lot 4 Block 23, Map of the Town of Linton, Florida, according to the plat recorded in
Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, being the real
property described in the tax deed recorded in ORB 9459, Page 1402, Public Record of
Palm Beach County, Florida
TO HAVE and 1o HOLD the same together with all and singular the appurtenances thereunto belonging or
anywise appertaining, and ali the estate, right, title, interest, lien, equity and claim whatsoever of the said First party,
either in law or equity, to the only proper use, benefit and behoof of the said Second Party forever.
IN WITNESS WHEREOF the said First Party has caused these presents to be executed in its name, and ils
corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above
written.
WITNESS #1: PARTY OF THE FIRST PART
CITY OF DELRAY BEACH, FLORIDA
By:
(name printed or typed) Jay Alperin, D.D.S., Mayor
WITNESS//2: ATTEST:
By:
(name printed or typed) Alison MacGregor Harty, City Clerk
Approved as to Form:
STATE OF FLORIDA David N. Tolces, Assistant City Attorney
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of March, 1998, by
who is personally known to me/or has produced
(type of identification) as identification and who did (did not) take an oath.
Signature of Notary Public-State of Florida
quitdeed.agt
Boca Raton News, Monday March 16,1998
! I.e~pal Notices
~OTICE IS HEREBY GIVEN
~d~e ~ ~.~, ~ C~
Li~, FI~, ~ing tC ~ plat
Ik R~ ~ Palm ~ ~,
ficial R~d ~, 9~, P~ 1~,
~lk R~ ~ Palm ~ ~,
rK~ iff P~t ~ 1, P~ 3, P~
lic R~ ~ Palm ~h ~,
~i~ in ~ tax ~ ~ in
~ R~ ~ P~m ~ ~,
a ~ Ciaim ~ in fa~ ~ Ha~t~
~ Hum~ ~ ~lray. F~
~m~, as avail~ie, ~y ~
~i~ ~ ~ 17, ~ ~ i:~
C~ Hail
Boca Raton News, Tuesday March 10, !998
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/~v~
SUBJECT: AGENDA ITEM #/~.~.- REGULAR MEETING OF MARCH 17, 1998
ORDINANCE NO. 14-98 (SECOND HAND SALES ON PINEAPPLE
GROVE WAY/N. E. 2ND AVENUE)
DATE: MARCH 13, 1998
This is second reading and the second public hearing for Ordinance
No. 14-98 which proposes to restrict the sale of second hand
material other than verifiable antiques on N.E. 2nd Avenue
(Pineapple Grove Way).
The amendment was initiated by the City Commission at the meeting
of February 17, 1998, at the request of the Pineapple Grove Main
Street organization. The Commission directed the Planning and
Zoning Board to consider restricting second hand sales altogether
in the subject area or allowing them as a conditional use.
On February 23, 1998, the Planning and Zoning Board held a public
hearing on the proposal and, after considerable public comment,
voted 5 to 1 to recommend approval of a text amendment that would
allow the sale of second hand material other than verifiable
antiques on Pineapple Grove Way as a conditional use.
The Commission considered Ordinance No. 14-98 on first reading on
March 3rd. A public hearing was also held at which there was
lengthy public testimony. Ordinance No. 14-98 as drafted
restricts second hand sales on Pineapple Grove Way altogether.
After discussion, the Commission passed the ordinance by a vote of
4 to 1 (Mr. Randolph dissenting).
Recommend approval of Ordinance No. 14-98 on second and final
reading.
ref:agmemol6
D ELRAY CH
.Chamber o! Com,m~r¢~
To: Delray Beach City Commissioners
From: Dick Sheremeta, Chairman of the Board
Subject: Proposed amendment of Land Development R. egulotion Section
4.4.13(G)(2J
Date: 3-13-98
The Greater Delray Beach Chamber of Commerce support~ the proposed
amendment of Land Development Regulation Section 4.4.!3(G)
(Hi Special Regulations: The sale of second hand material, other than
verifiable antiques, shall not be allowed within businesses, nor on
properties, which have an ent~/from and/or windows along and/or
frontage on East Atlantic Avenue or NE 2nd Avenue (a/k/o/Pineapple
Grove Way) between East Atlantic Avenue and NE 4th Street.
cc: Diane Dominguez
84 SE Sth Avenue Oelray Beach, FL 3341~3 581/279-1:380, ext 13
ORDINANCE NO. 14-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT" , SUBSECTION
4 . 4 . 13 (H) , "SPECIAL REGULATIONS" , SUBPARAGRAPH
4.4.13(H) (1), OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, TO RESTRICT THE SALE
OF SECOND HAND MATERIAL, OTHER THAN VERIFIABLE
ANTIQUES, ON N.E. 2ND AVENUE (PINEAPPLE GROVE WAY)
WITHIN 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 February 23, 1998, and forwarded certain changes with a
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the 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 Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.13, "Central
Business (CBD) District", Subsection 4.4.13(H), "Special
Regulations", subparagraph 4.4.13(H) (1), of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Special Regulations:
(1) The sale of second hand material, other than
verifiable antiques, shall not be allowed within businesses nor on
properties which have an entry from and/or windows along and/or
frontaqe on East Atlantic Avenue or N.E, 2nd Avenue (a/k/a PineaDple
Grov9 Way) between East Atlantic Avenue and N.E. ~th Street.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared ~ 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.
~ection 4. That this ordinance shall become effective
i~ediately upon its passage on second and final reading.
PASSED AND ~OPTED in regular session on second and final
March _ _, 1998
reading on this the 17th day of .
ATTEST:
- JCity-cl~r~ - -!
First Reading March 3, 1998
Second Reading March 17f 1998
- 2 - Ord. No. 14-98
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM #/0er REGULAR MEETING OF MARCH 17, 1998
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 13-98
(TEMPORARY PARKING LOTS)
DATE: MARCH 12, 1998
This is second reading and a public hearing for Ordinance No.
13-98 which amends LDR Section 2.4.6(H), "Temporary Use Permits",
to allow temporary parking lots in certain areas when approved by
the City Commission. The concept behind the amendment was
suggested by the Parking Management Team last year as a means to
address the growing demand for parking downtown.
The temporary parking lots would be permitted only in specified
sections of the Central Business District, in the Community
Facilities (CF) District bounded on the west by Swinton Avenue, on
the east by the Intracoastal Waterway, N.E. 2nd Street on the
north and S.E. 2nd Street on the south, and in portions of the
non-residential zoning districts between Swinton Avenue and 1-95.
Parking provided through these lots would be supplemental and
could not be used to fulfill minimum off-street parking
requirements. They would not be held to the strict design
standards required for parking lots, but would have to meet
certain specifications.
The Planning and Zoning Board considered the amendment at a public
hearing on January 26, 1998, and voted unanimously to recommend
approval subject to two modifications which have been incorporated
into the proposed ordinance. Additional comments were received
from the Downtown Development Authority and the Parking Management
Advisory Board. At first reading on March 3, 1998, it was the
majority consensus of the Commission not to incorporate their
comments and the ordinance was passed by a vote of 4 to 1, with
Mr. Schmidt dissenting.
Recommend approval of Ordinance No. 13-98 on second and final
reading.
ref:agmemo21
ORDINANCE NO. 13-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.6(H),
"TEMPORARY USE PERMIT" OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW
TEMPORARY PARKING LOTS IN CERTAIN AREAS WHEN
APPROVED BY THE CITY COMMISSION; PROVIDING
REGULATIONS AND RESTRICTIONS FOR SAID TEMPORARY
PARKING LOTS; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1 1 6 the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on January 26, 1998, and forwarded the changes with a
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174 (4) (c) , the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the changes are consistent with and further the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Two, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.6, "Procedures for
Obtaining Permits and Approvals", Subsection 2.4.6(H), "Temporary Use
Permit", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
(H) Temporary Use Permit: A temporary use permit shall be
required for any of the uses listed below. The granting authority of
each use is as shown.
1. Circuses or Carnivals -- City Commission
2. Uses under a Tent -- City Commission
3. Sales Offices and Models at a Residential
Development Site -- Chief Building Official
4. Construction Trailers and Compounds -- Chief
Building Official
5. City Operated Facilities -- City Commission
6. Seasonal Farmer's Market -- City Commission
7. Temporary Parkinq Lots -- City Commission
(3) Regulations and Restrictions:
(d) Temporary Parking Lots:
A Temporary Parking Lot may be
permitted within the following areas:
** the portion of the Central Business
District (CBD) and Community
Facilities (CF) .District which is
bounded by Swinton Avenue on the
west, the Intracoastal Waterway on
the east, N.E. 2nd Street on the
north, and S.E. 2nd Street on the
south;
** the portion of the CBD and CBD-RC
District which is bounded by N.E.
2nd Avenue on the west, the FEC
Railway on the east, N.E. 2nd
Street on the south, and N.E. 4th
Street on the north;
** the portion of the CBD located east
of the Intracoastal Waterway;
~, the non-residential zoning
districts bounded by Swinton Avenue
on the east, 1-95 on the west, N.W.
1st Street on the north, and S.W.
1st Street on the south.
2. Temporary parking lot spaces shall not
be used to fulfill minimum off-street
parking requirements for new
development or redevelopment.
Temporary. lots may be used to
supplement required parking.
3. Prior to issuance of the temporary use
permit, .the .applicant shall submit a
site plan which includes proposed grade
elevations, landscaping and other
information which addresses the regular
maintenance of the parking surface and
irrigation of the landscaped areas.
- 2 - Ord. No. 13-98
4. The City Engineer shall apDrove the
gradinq plan for the Darkinq lot. The
site plan shall be reviewed and
recommended for approval by the Parkinq
Manaqement Advisory Board Drior to
submission to the City Commission for
consideration.
5. Permits for temporary parking lots
shall be issued for a one-year period.
Permits may be renewed annually to a
maximum of three (3) years upon review
and positive recommendation by the
Parkinq Manaqement Advisory Board.
6. The temporary Darkinq lot shall be
monitored for compliance with the
approved Dlan. Should the City Manaqer
find that the operation of a lot is not
in comDliance or if the lot has an
adverse effect on surrounding
properties, and the applicant is unable
or unwillinq to rectify the problem the
permit may be reviewed by the City
Commission for possible revocation.
Within thirty (30) days of expiration
of the permit, all rock or gravel
surfaces shall either be removed or
covered with top soil. The site shall
then be sodded or landscaped as
determined acceptable by the Planning
and Zoninq Department.
8. A Temporary Parking Lot shall be
constructed to the following
specifications:
a. The parkinq lot surface shall be
brought to grade with a dust-free
surface of one of the following
materials over soil which has been
compacted to 95% maximum density
per AASHTO T-180:
- 3 - Ord. No. 13-98
** four inches of crushed limerock
or shellrock coated with a
prime coat per FDOT "Standard
Specifications for Road and
Bridge Construction", latest
edition;
** four inches of pearock, gravel
or river rock; or
** six inches of mulch.
b. If the lot is not operated on a
100% valet basis, wheel stops shall
be provided as a means to indicate
individual spaces. The size of the
parking spaces, maneuvering areas
and aisle widths shall be subject
to the standards of Section
4.6.9(D) (~). In addition, the
parking lot shall meet the
requirements of the "Florida
Accessibility Code for Building
Construction".
c. If the lot is operated on a 100%
valet basis, then wheel stops shall
be provided at the edge of the
parking surface.
d. The lot shall meet the requirements
of Section 4.6.9(D) 13) for access
to the street system. Driveway
aprons between the edge of. pavement
and the right-of-way line shall be
constructed of asphalt or concrete.
e. The parking lot perimeter shall be
buffered with a minimum 3 feet wide
landscape strip, screened with a
minimum 2 feet high hedge or 4 feet
i high opaque fence. Water for
! irrigation shall be available
Ii within fifty (50) feet of all
'i landscaped areas.
i - 4 - Ord. No. 13-98
~. If the parkinq lot is to be
utilized at niqht, the applicant
shall contract with FPL to install
supplementary liqhtinq on adjacent
power Doles where possible. The
applicant may, as an option,
provide alternative on-site
liqhtinq for the parkinq lot.
q. Trees of 4 inches or qreater
diameter at 4-1/2 feet above the
ground shall not be removed.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 17th day of March. . . , 1998.
ATTEST:
- Cit~ ~erk~-
First Reading March 3, 1998
Second Reading March 17, 1998
- 5 - Ord. No. 13-98
N