Loading...
06-16-98 Regular AJI-AmericaCity JUNE 16 1998 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. ' ® COMMISSION CHAMBERS The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity.-t~ participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. Regular Commission Meeting June 16, 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 June 2, 1998 6. Proclamations: A. Parks and Recreation Month - July, 1998 7. Presentations: A. Selection of Winning Ticket for Trip to Miyazu, Japan (Sister Cities Committee) 8. Consent Agenda: City Manager recommends approval. A. RESOLUTION NO, 3.7-98: Approve a resolution requesting funds from the Palm Beach County Emergency Medical Services Grants Program to be used for the purchase of four semi-automatic electronic defibrillators by the Fire Department. B. RESOLUTION NO. 38-98: Approve a resolution authorizing the Community Redevelopment Agency to acquire by gift, purchase or eminent domain certain real property described as Lot 10, Revised Plat of Block 36, Town of Delray. C. RULES OF THE BOARD OF ADJUSTMENT: Approve rules of procedure for the Board of Adjustment as adopted by the board on May 21, 1998. D. RATIFICATION OF CHAMBER APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Ratify the appointment of Perry DonFrancisco as the Chamber of Commerce representative on the Parking Management Advisory Board, for a two year term ending July 1, 2000. -2- Regular Commission Meeting June 16, 1998 E. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies in the total amount of $63,000.00 for four (4) income eligible applicants under the Delray Beach Renaissance Program, with funding in the amount of $22,000.00 from 118-1923-554-83.01 (HOME) and $41,000.00 from 118-1924- 554-93.01 (SHIP). F. RELEASE OF LIENS ON PROPERTIES DONATED TO HABITAT FOR HUMANITY: Approve the release of all City liens on Lot 4, Block 23, and Lot 3, Block 25, Town of Delray, in order to establish clear title for the lots under the Habitat for Humanity program. G. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/CNG FUEL PURCHASES: Approve an interlocal agreement with Palm Beach County for the purchase of CNG (compressed natural gas) fuel from the County fueling stations. H. AGREEMENT FOR WATER MAIN CONSTRUCTION FUNDING/DHARMA FOUNDATION (S.E. 2ND AVENUE): Approve an agreement for water main construction funding with the Dharma Foundation III, Inc., wherein Dharma will contribute $10,000.00 toward the water main upgrade on S.E. 2nd Avenue to an 8 inch water main. I. CLOSEOUT CHANGE ORDER AND REQUEST FOR FINAL PAYMENT/INTERCOUNTY ENGINEERING, INC.: Approve Change Order %3 (Final) in the amount of $6,570.08 and final payment in the amount of $16,887.35 to Intercounty Engineering, Inc. for completion of the Rehabilitation of Lift Stations 3, 10, 32, 83, 88 & 105 project, with funding from 442-5178-536-61.83 (W&S Renewal and Replacement/Lift Station Rehabilitation). J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period from June 1, 1998 through June 12, 1998. K. AWARD OF BIDS AND CONTRACTS: 1. Contract award in the amount of $110,362.00 to Master Contractors, Inc. for construction of the Knowles Park boat ramp, restrooms and boardwalk project (base bid and alternate #1), with funding from 334-4179-572-63.90 (General Construction Fund - Knowles Park Improvements), 50% of which is funded via Florida Inland Navigation District (FIND) grant. 2. Contract award in the amount of $158,700.00 to Marine Engineering Contractors, Inc. for the reconstruction of the north field at Miller Park, with funding from 334-4173-572-63.73 (General Construction Fund - Miller Park Regrading and Sodding). 3. Grant award through the Community Development Block Grant (CDBG) program for the rehabilitation of an owner occupied housing unit at 1407 S.W. 4th Street to Frank Bouman Construction in the amount of $13,887.30, with funding -3- Regular Commission Meeting June 16, 1998 from 118-1963-554-49.19 (Community Development Housing Rehabilitation). 4. Grant award through the State Housing Initiatives Partnership (SHIP) program for the rehabilitation of an owner occupied housing unit at 934 S.E. 3rd Avenue to Craftsman Plus, Inc. in the amount of $19,724.25, with funding from 118-1924-554-49.19 (SHIP Program). 5. Purchase award in the amount of $24,500.00 to Wareforce, Inc., via Florida State Contract, for Microsoft '97 licenses and software to be used at the Police Department, with funding from 001-2113-521-51.25 (Police Support Services/Computer Software). 9. Regular Agenda: A. LAKEVIEW GOLF COURSE - BID AWARD FOR CLUBHOUSE/REPLACEMENT OF CART PATHS/FUNDING: Consider approval of a bid award in the amount of $503,700 to David Brooks Enterprises, Inc. for construction of the Lakeview Golf Course Clubhouse, authorize the replacement and repair of golf cart paths on the course, and authorize funding for the project. B. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for the Art & Jazz scheduled for July 2, 1998, including temporary use permit and street closure, staff support, use of City equipment, and specified overtime costs. C. SPECIAL EVENT REQUEST/SUMMER NIGHTS ON THE AVENUE: Consider a request for special event approval for the 1998 Summer Nights on the Avenue series, including temporary use permits and street closures, staff support, and waiver of overtime costs up to a maximum of $5,000.00. D. REOUEST FOR TEMPORARY USE PERMIT/ANCHOR PARK GRASS AREA AND CITY HALL PARKING LOT: Consider a request from the Joint Venture for a temporary use permit to allow a VIP tent in the grass area at Anchor Park and the use of City Hall parking lots on the Fourth of July. E. REQUEST FOR TEMPORARY USE PERMIT/SANDOWAY PARKING LOT: Consider a request from the Friends of Sandoway House for a temporary use permit to allow the use of the Sandoway parking lot on the Fourth of July as a fund raiser by charging for cars to park in the lot for the day. F. CRA APPLICATION TO BEAUTIFUL PALM BEACHES, INC./BEAUTIFICATION FOR WEST ATLANTIC AVENUE: Consider a request from the Community Redevelopment Agency for the City's participation and assistance with the CRA's application to Beautiful Palm Beaches, Inc. for funding of beautification activities for West Atlantic Avenue. -4- Regular Commission Meeting June 16, 1998 G. CONTRACT ADDITION (C.O. #5)/MOLLOY BROTHERS, INC. (BERMUDA GARDENS DRIVE): Consider approval of a contract addition (C.O. %5) in the amount of $47,700.00 with Molloy Brothers, Inc. under the S.E. 4th Avenue Roadway Improvements contract to include installation of a new water main and sanitary sewer, and complete road reconstruction at Bermuda Gardens Drive, with funding from 441-5161-536-63.72 (W&S Capital Outlay - Bermuda Gardens Drive). H. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE: Designate a voting delegate to the 72nd Annual Conference of the Florida League of Cities to be held August 13-15, 1998, at the Fontainebleau Hilton Hotel, Miami Beach. I. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint a member to the Community Redevelopment Agency for a four term term commencing July 1, 1998, and ending July 1, 2002. The appointment will be made by Commissioner Ellingsworth. 10. Public Hearings: A. ORDINANCE NO. 22-98: An ordinance annexing a 4.19 acre parcel of land located on the west side of Military Trail, approximately 700 feet south of Atlantic Avenue (commonly known as the Carusillo and Evans North property); providing for a small scale Future Land use Map amendment from County HR-8 (High Density Residential - 8 dwelling units/acre) to City Medium Density Residential (5-12 dwelling units/acre); and establishing initial zoning of RM-8 (Medium Density Residential - 8 units per acre). QUASI-JUDICIAL HEARING 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: None 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission .. WHEREAS, recreation enhances the health and well-being -'~ of people of every age, young and old, able and disabled; and, WHEREAS, the importance of recreation must be continually reemphasized in a technologically advanced society such as ours; and, WHERF2~g, all citizens can enjoy self-renewal in the out-of-doors through green spaces and facilities in parks; and, WHEREAS, our State and Federal Parks are major attractions each year, not only for our own citizens, but also for the millions of visitors to Florida; and, W~ER~S, other governmental bodies, such as the cities and counties, also maintain parks and playgrounds for the benefit of residents and visitors; and, WHEREAS, we, as a nation, must have an awareness of the potential value to us of leisure and recreational activities. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim July, 1998, as PARKS AND RECREATION MONTH in Delray Beach, Florida, and urge that attention be directed to the many ways in which parks, recreation and civic groups, public schools, private organizations, and other agencies may expand recreational facilities and programs so every citizen will have the opportunity to develop meaningful and satisfying leisure activities. 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 16th day of June, 1998. MAYOR JAY ALPERIN SEAL Agenda Item No.: ~A AGENDA REQUEST Date: June 8, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 3une 16, 1998 Description of agenda item (who, what, where, how much): Request-aPProval of attached Proclama~ tion for the Mayor's signature naming July, 1998 as"Parks and Recreation Month." ~ ORDINANCE/ RESOLUTION REQUIRED: YES~NO~ Draft Attached: YES/NO Recommendation: Approval. Department Head Signature: . Determination of Consistency with ,COmprehensive 'Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: · Hold Until: Agenda Coordinator Review: Received: Ac t ion: App roy ed / D i s app rov ed WHEREAS, recreation enhances the health and well-being of people of every age, young and old, able and disabled; and, WHEREAS, the importance of recreation must be continually reemphasized in a technologically advanced society such as ours; and, WHEREAS, all citizens can enjoy self-renewal in the out-of-doors through green spaces and facilities in parks; and, WHEREAS, our State parks are major attractions each year, not only for our own citizens, but also for the millions of visitors to Florida; and, WHEREAS, other governmental bodies, such as the Federal Government, cities and counties, also maintain parks and playgrounds for the benefit of residents and visitors; and, WHEREAS, we, as a nation, must have an awareness of the potential value to us of leisure and recreational activities, NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, do hereby proclaim July, 1998, as "PARKS AND RECREATION MONTH" in Delray Beach and urge that attention be directed to the many ways in which park, recreation and civic groups, public schools, private organizations, and other agencies may expand recreation facilities and programs so that every citizen will have the opportunity to develop meaningful and satisfying leisure activities. 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 16th day of June, 1998. MAYOR JAY ALPERIN [lTV OF DELRrl¥ BEIt£H DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 ® JUN 0 8 1998 1993 TO: David T. Harden, City Manager ASSISTANT CITY MANAGER FROM: Robert Rehr, Fire Chief DATE: June 5, 1998 SUBJECT: REQUEST CITY COMMISSION APPROVAL AND RESOLUTION TO ALLOW PARTICIPATION IN THE PALM BEACH COUNTY E.M.S. GRANTS PROGRAM. Each year the County E.M.S. Grants Program makes funds available to licensed E.M.S. Providers. To utilize these non-matching funds we must submit an application requesting the purchase of equipment or services which are not budgeted through the City and a supporting resolution from the City Commission. The resolution is needed to demonstrate that the Delray Beach Fire and Emergency Medical Services Department, in fact, represents the Emergency Medical Services for the City and that the equipment or services purchased with these funds expands and improves the level of care provided to our citizens. For FY 98-99 we wish to purchase Four ( 4 ), Semi-Automatic Electronic Defibrillators. In FY 96-97, our Fire Department responded to 2132 calls for cardiac related incidents. Fifty of these were cardiac arrests. Of these 25 % were handled by First Response Fire Engines, followed by Advanced Life Support (ALS) transport capable Fire Rescue units. Currently, these First Response Engines have NO early defibrillation capability. With the addition of the four Semi-Automatic Electronic Defibrillators, our Engines will be able to provide immediate assistance to these citizens needing rapid defibrillation. We request this item be placed on the June 16, 1998 agenda. A copy of the proposed resolution is attached for review. Fire Chief RBR/dgr/pro attachments //Q ....... ~,/~_ ~ cc: D. Trawick, Div. Chief D. Randolph, Train. ~ Dev. Mgr. ~ "" ~//~/~ RESOLUTION NO. 37-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQ~STING FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANTS PROGRAM. WHEREAS, the City of Delray Beach Fire and Emergency Medical Services Department represents the emergency medical services interests of the City of Delray Beach; and WHEREAS, the City of Delray Beach Fire Department is requesting grant funding for four (4) semi-automatic electronic defibrillators (A.E.D.'s) which will be used to provide immediate assistance to citizens needing rapid defibrillation; and WHEREAS, the City of Delray Beach Fire Department is eligible to receive funds collected by the Emergency Medical Services Office pursuant to Florida Statutes Chapter 401.113; and WHEREAS, these funds are to be used to expand and improve the City's level of emergency medical care to the citizens of Delray Beach and enhance the emergency medical services operation; and WHEREAS, these funds are to be spent on equipment or se~ices not budgeted through the City of Delray Beach and which would otherwise be unavailable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Mayor of the City of Delray Beach, Florida, is hereby authorized to execute all documents which are necessary to complete the re~est for funds from the Palm Beach County Emergency Medical Services Grants Program. PASSED AND ADOPTED in regular session on this the 16th day of June, 1998. ATTEST: · ~itf C~rk -' NEED STATEMENT: Through run report review of FY 96-97, the Delray Beach Fire Department responded to 2132 calls for cardiac related incidents. 50 of these were cardiac arrests. Of these ~ responses were initially handled by First Response Fire Engines, followed by Advanced Life Support (ALS) transport capable Fire Rescue units. These First Response Engines have NO early defibrillation capability. In the case of cardiac arrest, NO early defibrillation was available by the first arriving units in 25% or 13 of these incidents. 'OUTCOME STATEMENT: 100% of the responses by First Response Engines will be answered with Semi Automatic Electronic Defibrillators (SAED's). In the 25% or 13 of these cardiac arrests needing eady defibrillation, 100% of these patients will receive rapid defibrillation. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITYI, r~N'AGER SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JUNE 16, 1998 RESOLUTION NO. 38-98 (AUTHORIZING THE. ACQUISITION OF PROPERTY BY THE COMMUNITY REDEVELOPMENT AGENCY) DATE: JUNE 12, 1998 The CRA Board of Commissioners approved Resolution No. 98-2 (copy attached) at their meeting on June 11, 1998. It requests the City Commission to authorize the Community Redevelopment Agency's acquisition of Lot 10, Revised Plat of Block 36, Town of Delray, as part of the Mount Olive redevelopment project contained in the Community Redevelopment Plan. Resolution No. 38-98 is the City Commission's authorizing resolution. Recommend approval of Resolution No. 38-98. ref:agmemol0 RESOLUTION NO. 38-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, by Ordinance No. 46-85 adopted by the City of Delray Beach, the City Commission of the City of Delray Beach, Florida, created the Delray Beach Community Redevelopment Agency; and WHEREAS, pursuant to Section 163.370(1) (e) (2), Florida Statutes, the Delray Beach Community Redevelopment Agency possesses the power to acquire by gift, purchase or eminent domain any real property within the community redevelopment area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has been requested by Resolution No. 98-2, adopted by the Delray Beach Community Redevelopment Agency, to authorize the acquisition in fee simple by gift, purchase or eminent domain, of certain property described therein; and WHEREAS, Section 163.370(1) (e) (2), Florida Statutes, further provides that a community redevelopment agency may not exercise any power of eminent domain unless the exercise has been specifically approved by the governing body of the municipality which established the agency; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to approve or authorize the acquisition of the property hereinafter described by the Delray Beach Community Redevelopment Agency by gift, purchase or eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Delray Beach Community Redevelopment Agency is hereby authorized to acquire fee simple title by gift, purchase or eminent domain that certain property more specifically legally described as follows: Lot 10, Revised Plat of Block 36, TOWN OF DELP~AY, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court, in and for Palm Beach County, Florida, recorded in Plat Book 5, Page 38. Section 2. That this resolution shall take effect immediately upon passage. PASSED ~ ~OPTED in regular session on this the 16th day of June, 1998. ATTEST: City Cl~k' - 2 - Res. No. 38-98 A R~SOLUTION OF TH~ BOARD OF COHMISSIONERS OF TH~ DELI?AY BEACH ~I~ ~D~P~NT AGEN~ ~Q~STING ~ CI~ CO~ISSION OF ~ CITY OF DEL~Y BEACH TO AUTHORIZE T~ ACQUISITION IN FEE SIDLE TITLE BY GIFT, P~C~SE OR EMINENT DO'IN OF CERTAIN PROPERTY ~INAFTER DESCRIBED, FI~ING T~T SAID PROPERTY IS ~CESS~Y FOR ~ P~LIC P~SE OF ~~P~ IN A~~ WITH T~ COMITY ~DE~LOP~NT P~; ~ FOR~R P~OSES. ~~, the Delray ~ach Co.unity Redevelo~ent Agency has duly adopted a Co.unity Redevelo~ent Plan for the ~ea within its jurisdiction; and ~E~AS, as pa~ of its Co.unity Redevelo~ent Plan, (the "Plan"), the ~nity ~evelo~ent Agen~ has est~lished goals and objectives with re~ct to the revitalization of the co.unity redevelo~ent area and the encourag~ent of n~ c~rcial a~ivities as well as the el~nation of sl~ ~d blight within the co.unity redevelo~ent area; and ~E~AS, one of the projects set fo~h in the Plan is the Mount Olive Redevelo~ent Project, such project as set fo~h in the Pi~, encompassing ce~a~ profiles lying within Bl~k 36, ~ OF DE~Y, according to Plat Book 5, Page 38 as more pa~icularly descried hereinafter in this Resolution; ~d ~~, a c~nent of the ~ove described project is the ac~isition of lands necessary to facilitate said project; and ~AS, the Co.unity Redevelo~ent Agency has dete~ined that it is in the public's interest to proceed with the ac~isition of the profiles hereinafter described by gift, purchase, or ~inent domain and pursuant to S~tion 163.370 ~d Section 163.375 Florida Statutes it is appropriate to re~est the City of Delray Beach to authorize the Delray Beach Co.unity Redevelo~ent Agency to exercise the ~wer of ~inent domain to the e~ent it dete~ines is necess~ for the said ac~isition of the profiles described below. N~, ~~, BE IT ~SOL~ by the Bo~d of ~issioners of the Delray Beach Co.unity Redevelo~ent Agency that= Section One: The City Co. lesion of the City of Delray Beach is hereby re~ested to authorize the ac~isition of the following parcels of real pro~rty legally described as follows: Lot 10, Revised Plat of Block 36, TO~ OF DE~Y, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court, in and for Palm Beach County, recorded in Plat Book 5, Page 38. by gift, ~rchase, or ~nent d~in as descr~d in S~ions 163.370 md 163.375 Florida S~atu~es and Cha~ers 73 ~d 74 Florida S=atu~es. The Delray Beach Co~unity R~evelo~nt Agency shall acute fa s~ple title to said pro~rties foll~lng the delegation of the ~ve descr~d ~er of ~inent domain by gift, purchase, or ~inent do. in. Section ~o= The Board of Comissioners of the Co. unity Redevelo~ent ~en~ here~ dete~ines that it is necessa~ to ac~ire the pro~y descried ~ve ~su~t to its Co~m~nity R~evelo~nt Pi~ md more p~icul~ly the Mt. Olive Redevelo~ent Project as contained therein.- S~ion T~ee= This ~solution shall t~ eff~ im~ediately u~n ~ssage. P~SED AND ~OP~D this .//~ day of ~~ , 1998. ~MMUNIT~'~DE~LOP~NTAGEN~ CITY gF ELRI:I¥ BEACH i'.~ c. :'4 ::, 'i ~ J5 -4 ~,! 7:27 ~'. 4, '): 5 Wrilcr's l)ir¢cl linc: (561 ) 243-709 I DELRAY BEACH Ali. America City M E M O ~ N D ti M R E C E I V E D ''Jl':''''' DATE: JuneS~1998 JUN 08 19"8 ASSISTANT ~993 TO: City Commission CITY MANAGER FROM: Brian Shutt, Assistant City Attorney SUBJECT: Approval of Rules of the Board of Adjustment The rules of the Board of Adjustment require that a review be made every 2 years. On May 21, 1998 the Board of Adjustment reviewed and approved the attached rules. The rules require City Commission approval. By copy of this memorandum to David ltarden, City Manager, our office requests that this item be placed on the June 16, 1998 City Colnmission agenda tbr approval. Please call if you have any questions. cc: David T. Harden, City Manager Alison Harry, City Clerk RULES OF THE CITY OF DELRAY BEACH BOARD OF ADJUSTMENT ARTICLE I: GENERAL GOVERNING RULES: The Board of Adjustment (hereinafter referred to as the Board) shall be governed by Sections 2.2.1 and 2.2.4 of Article 2.2 and Section 2.4.7 of Article 2.4 of the Land Development Regulations of the City of'Delray Beach, as amended, and the Rules of Procedure set forth herein, as adopted by the Board and approved by the City Commission. ARTICLE II: OFFICERS, COMMITTEES: 1. The Board shall elect a Chai~, Vice Chairpersea and Second Vice Chairperson annually in the month of September. 2. The Chairper-so~ (or in his or her absence the Vice Chairpeesoa) shall preside at all meetings and hearings of the Board, decide all points of order and procedure and sign any orders or other official correspondence of the Board. The Chairper-so~ shall appoint any committees which may be found necessary. 3. The Second Vice Cbairper-so~ shall act as Chairpe~on when the Chairpe~oo~ and Vice-Chairperson are both absent. 4. A recording secretary (who need not be a member of the Board) shall be designated by the Board. The recording secretary shall take and transcribe the minutes of each meeting of the Board and carry out such other duties as may be assigned by the Board, including but not limited to, preparing all correspondence and records of examinations and hearings and other official actions of the Board; keep a minute book recording attendance, the vote of each member upon each question, or if absent or failing to vote, indicating such fact. ARTICLE iii: 1. The Board shall meet every first and third Thursday of each month at 5:30 p.m., unless there is no cause to hold such a meeting or it falls on a holiday as designated by the City of Delray Beach. The Recording Secretary of the Board shall notify each Board member not less than one (1) day prior to any regularly scheduled meeting of any meeting. If the Clerk's office cannot reach a member or obtain confirmation and attendance by noon the day preceding the meeting, the Secretary shall call on an alternate, who shall participate in the meeting in place of a designated regular member. 2. SPECIAL MEETINGS: A special meeting may be called by the Chairperson subject to compliance with statutory notice provisions. 3. QUORUM: A quorum of the Board consists of four (4) members. The concurring vote of four (4) members shall be necessary to decide in favor of an applicant with respect to reversing a decision of the Chief Building Official or the granting ora variance. 4. REPRESENTATION, PERSONAL INTEREST: No member of the Board shall hear or vote upon an appeal or motion for re-hearing in which she or he is directly or indirectly affected in a financial way or in any matter where the Board member may be appearing before the board as a representative of an applicant or a witness. Whenever a member or alternate member of the Board has a personal, private or professional interest in any matter which comes before the Board, that member or alternate member shall disclose said conflict before discussion and vote and shall, within fitteen (15) days a~er the vote occurs, file the proper form with the Board Secretary pursuant to the provisions of Chapter 112, Florida Statutes. If a Board Member determines there will be a conflict of interest on a scheduled item, and said member does not wish 2 to participate, the member may request that an alternate be substituted fbr that particular agenda item. 5. CONDUCT OF MEETINGS: All meetings shall be open to the public. The Chairpewson, or in his or her absence the Vice-Chairper-son, or Second Vice Chairperson shall administer oaths and may upon the request of any Board Member require the attendance of witnesses. The order of business at meetings shall be as follows: (a) roll call; (b) reading the minutes of previous meetings; (c) reports of committees; (d) unfinished business; (e) swearing in of witnesses (f) hearings of cases; (g) new business. The Chairperson may, in his or her discretion, change the order of business at any meeting. 6. ADJOURNED MEETINGS: The Board may adjourn a regular meeting if all business cannot be disposed of on the day set, and no further public notice shall be necessary for such a meeting if the time and place of its resumption are stated at the time of adjournment and are not charged to its resumption. ARTICLE IV: ABSENCES: A Board member's absence at three (3) consecutive regular meetings or ,.more than fi~y ...... + ~,, ~,, ...... ,~ ~,~+: .......:.~.: ...... :~ tr.x -~h ~:~.~ shall constitute an automatic ig ti fi' th d by h b ..., ..... ;.4 ~. .....:~ .4..~ +~ :,, .......+.~. res na on om e Boar SUG mem er; ..... ~,o ~, ......................... ., ........ ,~,,,,~* .... ,,,~,,,,,,,,'~: ..... ~ ,~,,: ...... ,~,~,.,,,,,~,,,~,~,.* ..... Each Board member shall be responsible for notifying the City Clerk's Office as promptly as possible of any anticipated absence from a Board meeting. Except for automatic resignation from the Board, a Board Member may resign by filing a written statement of resignation with the Clerk of the City of Delray Beach, Florida. Vacancies on the Board shall be filled pursuant to Article 2.2. I(F) of the Land Development Regulations of the City of Delray Beach, as amended. 3 ARTICLE V: APPEALS AND NOTICE: 1. ADMINISTRATIVE REVIEW (SECTION 2.2.4(D) OF THE LAND DEVELOPMENT REGULATIONS CITY OF DELRAY BEACH - Appeals to the Board of Adjustment concerning interpretation or administration of existing ordinances may be taken by any person aggrieved or by any officer or bureau of the governing body of the city affected by any decision of the Chief Building Official. The appeal shall be filed with the Chief Building Official on a form provided by the Board of Adjustment within ten (10) days after a written order, requirement, decision, determination, or violation notice issued and signed by the Chief Building Official, Fire Chief or designees is served upon the aggrieved person by regular or certified mail, return receipt requested or upon hand-delivery. Service shall be deemed complete upon mailing or upon hand-delivery. 2. VARIANCES (SECTIONS 2.2.4(D) AND 2.4.7(A) OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH- An appeal requesting a variance from the terms of existing ordinances may be filed at any time. The appeal shall be filed with the Chief Building Official on a form provided by the Board of Adjustment. 3. An appeal shall not be deemed filed unless and until payment of an appeal fee as set forth in the Zoning Code of the City of Delray Beach, as amended, has been paid. Filing fees may be paid by check or money order, 4. PUBLIC NOTICE - Notice of the public hearing of the appeal shall be given in accordance with the City of Delray Beach Code of Ordinances and Florida Statutes. 5. AMENDMENT - An appeal may be amended at any time or from time to time prior to or during the public hearing of the appeal, provided that the amendment does not materially alter the appeal as published in the public notice so as to make the public notice of the 4 appeal misleading, or that the amendment does not request a greater variance from the terms of existing ordinances than that requested by the appeal. In the event the amendment makes the appeal misleading or requests a greater variance, as determined by the Chairper~oon of the Board of Adjustment, an amended public notice shall be given. The applicant shall pay an additional tee in a sum equal to the cost of publishing an amended public notice. 6. DISMISSAL - An applicant may voluntarily dismiss his or her appeal at any time prior to the commencement of a roll call vote to decide such appeal, and such dismissal shall be without prejudice except that a voluntary dismissal operates as an adjudication on the merits of the appeal when served by an applicant who has once previously dismissed an appeal board on the same facts or circumstances. A voluntary dismissal shall be in writing and filed with the City Clerk, unless announced at a public hearing. ARTICLE VI: HEARING AND RE-HEARING: 1. An appeal shall be heard within forty (40) days from the time of' filing the appeal with the Chief' Building Official. Appeals shall be heard in order of` their filing; amended appeals shall have priority according to the date of` the amendment if' an amended public notice is required. 2. At the public hearing, the applicant or any other party may appear on his own behalf` or be represented by an agent or an attorney. If' the applicant does not appear on his own behalf' at the public hearing, he shall file with the Secretary of' the Board prior to the public hearing a statement, made under oath, authorizing such other person to represent him at the public hearing. 3, The order of the hearing shall be: a. Statement of case by Chairperson. b. Supporting argument by applicant or his agent or attorney, c. Supporting arguments by others at the hearing. d. Opposing arguments by persons at the hearing. e. Rebuttal by those supporting appeal (other than applicant). Rebuttal by those opposed to appeal. g. Final rebuttal by applicant. Witnesses may be called and cross examined and fhctual evidence and exhibits may be submitted. The Chairperson may establish appropriate time limits for arguments, but such time limits shall be equal for both sides. The Roberts Rules of Order, newly revised edition, shall be the final authority on all questions of parliamentary procedure. 4. DECISIONS - A decision on any appeal shall be made at the public hearing. Voting shall be a roll call vote. Roll call shall be: .... '~ .... '~ ,~fil o~r.~ ~. .........pr ...... ~.~,T ..^,~ 'r~,~...,, r,~,~:,~,.,,.. ~,,., o,,,, ........ ,,..,~..~" "~'~.,,,,. T~°+.,,~,,. on a rotating basis. The voting of each member shall be "yes" (in favor of the motion) or "no" (opposed to the motion). A concurring vote of four (4) members of the Board shall be necessary to reverse any decision, determination, order, or requirement of the Chief Building Official or Fire Chief or designee, or to decide in favor of the applicant on any matter upon which it is required to pass under existing ordinances, or to effect any variation in the application of existing ordinances. The decision of the Board, including any findings of fact and any conditions imposed, shall be written on the original appeal form. The original appeal form shall be field with the Board of Adjustment, and a copy of the appeal form shall be served upon the Chief Building Official and/or Fire Chief and the applicant. 6 5. A decision is not final until the time within which an applicant may file a motion for rehearing expires, or, if a motion for rehearing is filed, when it is denied, or if it is granted, at the time the decision by the Board is rendered at the rehearing. 6. REHEARING - The City or applicant may file a written motion for rehearing of the decision rendered by the Board on the appeal. The motion shall be filed with the Chief Building Official within ten (10) days of the date the decision is rendered. No filing fee shall be required. The concurring vote of four (4) members of the Board shall be necessary to grant a motion for rehearing. The motion for rehearing may be based upon the following grounds: (1) newly discovered evidence which by due diligence could not have been discovered in time to present at the public hearing; (2) fraud, misrepresentation or other misconduct of any person who submitted evidence to the Board; (3) mistake, inadvertence, surprise or excusable neglect; or (4) the Board has overlooked or misapprehended any material points of law or fact. If the Board grants a motion for rehearing, public notice of rehearing shall be given at the cost of the applicant. 7. REFILING OF APPEAL AFTER FINAL DECISION RENDERED- Notwithstanding, the rendering of a final decision by~ the Board with respect to an appeal requesting a variance from the terms of existing ordinances, an applicant may refile such appeal at any time if there has been a substantial change in facts, circumstances or conditions. The refiled appeal shall proceed in the same manner as an initial appeal. ARTICLE VII: AMENDMENTS; EFFECTIVE DATE: 1. These rules of procedure may be amended by a concurring vote of four (4) members of the Board, provided that the proposed amendment has been presented to the Board at least one week prior to its adoption. 7 '06/04/98 TI~ 21:22 FAX 561 243 3774 CITY CLERK -+~-+ CITY ATTORNEY ~1oo2 2. These rules of procedure shall be re-,dewed by the ]3oard not [es!l than cv~ ~o (2) ye~s. R~omm~dations ~or propos~ am~dments sh~l be made M writing. ~ese ~es sh~ll become e~cctive following th~ appro~ by Cily Com~ssion. Th~ RuI~ afProccd'ure were adopted by the Board of Adjus~m~t on the ~/. ~, day Approved ~ City Commi~ion on the day of Mayor, City of Dclra~y Attest -~)~; j ................ ~.~, :ee 06/05/98 FR! 09:23 [TX/RX NO 9596] MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY I~J~IAGER SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF JUNE 16, 1998 RATIFICATION OF CHAMBER APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD DATE: JUNE 11, 1998 This is before the Commission to ratify'the appointment of Perry DonFrancisco as the Chamber of Commerce representative on the Parking Management Advisory Board. On May 19, 1998, the City Commission adopted Resolution No. 33-98 which amended the membership composition of the Parking Management Advisory Board from eight to nine members by adding a representative from the Chamber of Commerce. The resolution provides that the Chamber of Commerce recommends an appointee to the Commission which has the authority to approve and ratify the recommendation. The term will be for two years. Attached is a letter from Bill Wood, Chamber President, presenting Mr. DonFrancisco as the Chamber of Commerce's representative on the parking board. Also attached is a copy of Mr. DonFrancisco's application and resume for your review. Recommend ratification of the appointment of Mr. Perry DonFrancisco as the Chamber of Commerce representative to the Parking Management Advisory Board, for a two year term ending July 1, 2000. ref:agmemo6 06/08/1998 16:02 5G12780555 DB CHAMBER COMMERCE PAGE 01 The GREATER DELRAY BEACH Chamber flf Commet'~e June 8,1998 Barbara Garito Office of City Clerk 100 NW 1st Avenue Delray Beach, FL Dear Barbara: This is to notify you that our candidate for the Chamber's slot on the Parking Management Advisory CommisSion is Perry DonFrancisco. Perry is the owner of Boston's oit the Beach and I believe you already have an application on file. If you need imything else, please call. Sincerely, William J. Wood President Grealer Delray Beach Chamber of Commerce, Inc. 64-A S.E. Fifth Avenue, Delray Beach, Florida 33483 561'278'0424 ' Fax 561-278'0555 ' chamber@delraybeach.c°m Chamber Accredited by United States Chamber olc Commerce '' CITY OF DELRAY BEACH .- ~ BOARD HEi'fBER APPLICATION Perry DonFrancisco ~IOIiE ADDKESS ($1:reet, City, Zip 'Code) (LEGAL RESIDENCE) 40 S. Ocean Blvd Delray Beagh, 33483 }III, ICI. PAL BUSIIfESS ADDILESS ($treet.~ Ctty~ Zip Code) lt0I{E FIt0NE 276-9657 BUSINESS PIt0NE 278-3364 ON %;HAT BOARDS APE YOU INTEltESTED IN SERVLNG Parking Management Team LIST ALL CITY BOARDS ON l~I{ICl{ .yOU AI~ 6~tLENTLY SERVING OR HAVE PItZVlOUSLY SERVED (Please include dates) Code Enforcement 1986-1991, Kids and Cops 1991-1995, Board of Adjustments 19~5-Present EDUCATIONAL qUALIFICATIONS BA Degree University ofMa, ssachus, ctts Aml~e?st MA, . MA Degree Worcester State College Worcester MA, ' Ed.$. Degree Florida Atlantic University, Boca Raton, F1 LIST ANY RELATED PROFESSIONAL CEP, TIFICATION$ AND LICENSES %~IICH YOU lt0LD Licensed Florida Real Estate Agent, Florida Responsible Vendor Certification GIVE YOUR PKESENT, OR HOST RECENI EI~PLOYER, AND POSITION Owner/Operator Boston's on the Beach, Inc DESCRIBE EXPERIENCES, SKILLS OR KNO~rLEDGE I~rHICH QUALIi~ YOU TO SERVE ON BO~ I have se~ed the Ci~ of Delray Beach on various appointed City Bo~ds for 12 ye~s. These ~peficnces have ~ven me insist into the city's expectmions both procedur~ly ~d p~losop~cally. ~ng ~d operating Boston's on the Beach-Restaurant for 17 years has ~ven me a vested imercst in our ci~. ~L~E A~A~ A B~EF I ~BY CERTI~ ~T ~L ~E ~OVE 8TAT~8 ~ ~UE, ~ I AG~E ~E~T~ ~T ~ HISSTAT~NT OF ~TER~ FACTS CO~AIN~ IN ~IS ~PLICA- " ' S iGNATUILE DATE ~/90 PERRY DONFRANCISCO 40 South Ocean Boulevard Delray Beach, FL 33483 Bus. (561) 278-3364 Home (561) 276-9657 OBJECTIVE Parking Management Team Board Member PROFESSIONAL PROFILE Owner/Operator of Boston's Inc., a privately-held corporation. PROFESSIONAL EXPERIENCE l~oston's Incorporated - Member of l~oard of Directors * Establish corporate policy. Boston's Incorporated~Corporate Vice-President * Interact with local government. * Purchase business insurance(s). * Obtain various financing. Boston's on the Beach Incorporated - General Manager. * Oversee day to day operations of Boston's Restaurants, Lounges and Hotel Salina Reality Partners - Partner * Supervise property EDUCATION 1982 Completion of Doctoral Courses and Qualifying Exams Florida Atlantic University, Boca Raton, FL Ed. S. Degree, 1981, Florida Atlantic University, Boca Raton FL MA Degree, 1980, Worcester State College, Worcester, MA B^ Degree,1975, University of Massachusetts, Amherst, MA STATE CERTIFICATIONS Real Estate Associate, Florida Responsible Vendor, Florida Classroom Teacher, Massachusetts CITY OF DELRAY BEACH OFFICIAL BOARDS AND APPOINTED COMMITEES 1996 - Present Board of Adjustments 1997 Gain-Sharing Committee, Fire Department 1991 - 1995 Kids and Cops Board, Chairman 1993 1986 - 1991 Code Enforcement Board ORGANIZATIONS Delray Beach Chamber of Commerce, Member of Board of Directors 1998-99 Palm Beach County Chamber of Commerce Florida Restaurant Association DEL-PAC Delray Citizens for Delray Police, Co-Founder, President, Member of Board of Directors _,. South Palm Beach County Board of Realtors Delray Beach Holiday Toy Drive Committee Co-Founder, Chairman Perry DonFranci$co AWARDS/SCHOLARSHIPS 1994 Business Recognition Award, Delray Beach Chamber of Commerce 1994 Community Service Commendation, Delray Beach Police Department 1994 Palm Beach County Crime Prevention Officers and Cdme Stoppers of Palm Beach County Award 1993 Sheriffs Community Service Award, Worcester County Sheriffs Department, MA 1991 Special Recognition Award, Delray Beach Police Department, Delray Beach, FL 1991 Responsible Vendor of the Year Award, State of Florida, District 10 1990 Responsible Vendor Certification Award, Governor Martinez, Tallahassee, FL 1989 Outstanding Support Award, Delray Beach Police Department 1988 Palm Beach County Crime Prevention Officers Association Award 1988 F.O.P. Lodge #94, 20 Year Retirement Plan, Delray Beach, FL 1981 Emest O. Melby Doctoral Assistantship, Boca Raton, FL 1980 Charles S. Mott Doctoral Fellowship, Community Education, Flint, MI RESOLUTION NO. 33-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 88-97 WHICH ESTABLISHED THE PARKING MANAGEMENT ADVISORY BOARD, AS SUBSEQUENTLY AMENDED BY No. PERTAINING TO MEMBERSHIP COMPOSITION TO INCLUDE A PROVIDING ANEFFECTIVE DATE. WHEREAS, on December 9, 1997, the City Commission adopted Resolution No. 88-97 establishing the Parking Management Team as an advisory board to the City Commission; and WHEREAS, on January 20, 1998, the City Commission adopted Resolution No. 10-98 which amended Resolution No. 88-97 to include a citizen-at-large representative on the Parking Management Advisory Board; and WHEREAS, Section 3 of said Resolution No. 88-97, as amended by Resolution No. 10-98, sets forth the membership composition of the Parking Management Advisory Board; and WHEREAS, the City Commission finds it to be in the best interests of the City of Delray Beach that the membership composition of the Parking Management Advisory Board be amended to include a representative from the Chamber of Commerce. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 3 of Resolution No. 88-97, as amended by Resolution No. 10-98, is hereby amended to read as follows: That the Parking Management Advisory Board shall be composed of ~/~y nine (9) regular members, with representation as follows: (a) A representative from the Community Redevelopment Agency; (b) A representative from the Downtown Development Authority; (c) A representative from the Planning and Zoning Board; (d) A representative from the Chamber of Commerce; (~9) A business owner/operator representing the Old School Square Historic Arts District; (6~) A business owner/operator representing the Atlantic Avenue corridor between Swinton Avenue and Interstate 95; (~) A business owner/operator representing the Atlantic Avenue corridor between Swinton Avenue and the Intracoastal Waterway; (~h) A business owner/operator representing the Atlantic Avenue and State Road A1A corridors lying east of the Intracoastal Waterway; and (~i) A citizen-at-large representative. The Community Redevelopment Agency, the Downtown Development Authority, the Chamber of Commerce, and the Planning and Zoning Board shall recommend appointees, with the City Commission having the authority to approve and ratify all recommendations for membership. The balance of the Parking Management Advisory Board membership shall be appointed directly by the City Commission. The members of the Parking Management Advisory Board shall serve for terms of two (2) years, except that the members of the first board to serve shall be appointed so that four (4) members shall serve one (1) year terms and ~/~y five (5) members shall serve two (2) year terms. It is further provided that no member may serve more than two successive terms on the Parking Management Advisory Board. Section 2. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 19th day of May, 1998. ATTEST: - 2 - Res. No. 33-98 Memorandum TO: David Harden, City Manager FROM: Michael Simon, Interim Community Development Coordinator THRU: Lula Butler, Community Improvement DirectorU~ DATE: June 10, 1998 SUBJECT: Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue subsidy to four eligible applicants under the Delray Beach Renaissance Program. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through September 30, 1997. An agreement to extend the program for one additional year has been approved by all partners and the City Commission. Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Programs partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period accounting to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of 5 years and Grant amounts equal to or greater than $15,000 but less than $40,000 per unit are forgiven at a rate of 10% per year for 10 years. RECOMMENDATION Staff is recommending City Commission approval to fund subsidy for the four eligible applicants of the following property: Southridge Lot 5, Block 13 / $7,000.00 Lot 2, Block A Westside Heights / $20,000 Lot 10, Block 1, Pine Trail Sect. 1 / $18,000 Lot 17, Block 6, Osceola Park / $18,000 s:\commun\renprg\comagend.doc AGENDA REQUEST Request to be placed on: Date: June 10. 1998 __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxx Consent Agenda When: J~ane 16, 1998 Description of item · Authorization and approval to issue subsidy to-th~'e-eligible applicants under the Delray Beach Renaissance Program totaling $ 63.000.00 ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approv~tl of $11bsidy award. Funds are to be awarded from the Home Investment Partnership Program and State Housing Initiatives Partnership Program (SHIP) dollars. HOME total $ 22,000.00 Account # 118-1923-554-83.01 SHIP total $ 41,000.00 Account# 118-1924-554-83.01 Department Head Signature: City Attomey Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~~~" t° / ? ) tl ~ Funding Alternatives: .(if applicable) Account No. & Description: Account Balance: City Manager Review: ~ Approved for Agenda: ~_~O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\commun- 1 \cd\cdbgrant\agenrqeq.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION NO CENSUS TRACT 68.01 NAME William & Armi Kelleher PROPERTY ADDRESS 2402 Zeder Avenue, Delray Beach LEGAL DESCRPTION Lot 5, Block 13. SOUTHRIDGE % OF AREA MEDIAN HOUSEHOLD INCOME 82 # IN HOUSEHOLD 5 SALES PRICE OF EXISTING UNIT $93.000 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 88,350.00 Community Finance Consortium RATE 6.625 % LTV 95 % SECOND MORTGAGE $. City of Delray, HQME $ 7,000,00 City of Delray, SHIP $ CRA of Delray $. Housing Authority THIRD MORTGAGE $ Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Pre-paids $1.000.00 Escrowed $ 305.00 Paid at closing $ 1.557.00 TOTAL TRANSACTION $ 98,212.00 s:\commun\renprg\subrest.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOW3/ NEW CONSTRUCTION YES CENSUS TRACT 67 NAME Jimmy & Valerie Walker PROPERTY ADDRESS XXX NW 10th Avenue, Delray Beach LEGAL DESCRPTION Lgt 2 and the S(>uth 14.5 feet of Lot 1, Block A. West$ide Heights Plat Bookl3 , Page 51 % OF AREA MEDIAN HOUSEHOLD INCOME 74 # IN HOUSEHOLD 5 COST OF CONSTRUCTION $78.050 COST OF LOT $8.000 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 67.000.00 First Bank of Florida RATE 6.625 % LTV 77.86 % SECOND MORTGAGE $ 12,000.00 City of Delray. HOME $ $,000.00 City. of Delray. SHIP $ CRA of Delray $ Housing Authority THIRD MORTGAGE $ Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Pre-paids $1.331.00 Escrowed $ 405.00 Paid at closing $ 2.903.00 TOTAL TRANSACTION $ 91,639.00 s:\commun\renprg\subrest.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION NO CENSUS TRACT 66.04 NAME Maritas Joseph PROPERTY ADDRESS 549 NW 46th Avenue. Delray Beach LEGAL DESCRPTION Lot 10 Block 1. Pine Trail Sect. 1 % OF AREA MEDIAN HOUSEHOLD INCOME 56 # IN HOUSEHOLD 4 SALES PRICE OF EXISTING UNIT $75.900 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 57,000.00 First Bank of Florida RATE 6.625 % LTV 75 % SECOND MORTGAGE $ 10,000.00 City of Delray. HOME $ 8,000.00 City of Delray. SHIP $ CRA of Delray $ 2.000.00 Housing Authority THIRD MORTGAGE $ Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Pre-paids $1.200.00 Escrowed $ 500,00 Paid at closing $ 995.00 TOTAL TRANSACTION $ 79,695.00 s:\commun\renprg\subrest.doc hW 49TH" DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 68.02 NAME Jean & Ma~t¢lien George PROPERTY ADDRESS XXX SE 5th Street. Delray Beach LEGAL DESCRPTION Lot 17, Block 6, Osceloa ParkE % OF AREA MEDIAN HOUSEHOLD INCOME 33 # IN HOUSEHOLD 8 COST OF CONSTRUCTION $79,300 COST OF LOT $10,000 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 65,500.00 Community_ Finance Consortium RATE 6,725 % LTV 73 % SECOND MORTGAGE $ City of Delray. HOME $ 18.000.00 City of Delrav. SHIP $ CRA of Delray $ 2,000,00 Housing Authority THIRD MORTGAGE $ 5,000,00 Federal Home Loan Boxlk GRANT $ HTF "A" APPLICANT FUNDS Pre-paids $1.000.00 Escrowed $ 305.00 Paid at closing $ 1.960.00 TOTAL TRANSACTION $ 93,765.00 s:\commun~renprg\subrest.doc City of Delay Beach Community Development Division MEMORANDUM TO: David Harden, City Manager THRU: Lula Butler, Community Improvement Director FROM: Michael Simon, Interim Community Development Coordinator 'f/~.~ DATE: June 8, 1998 SUBJECT: Recording of Release of City Liens on Lot 4, Block 23 and Lot 3 Block 25, Town of Delray Donated to Habitat for Humanity ITEM BEFORE THE COMMISSION This is to request the release of all City liens placed on Lot 4, Block 23 and Lot 3, Block 25, Town of Delray in order to establish clear title for the lots now under the program of Habitat for Humanity. BACKGROUND The City Commission authorized the transfer of the above described properties to Habitat for Humanity at the March 10,1998 Commission meeting. Palm Beach County took ownership of the properties because of delinquent taxes before transferring the property to the City. In order to obtain clear title, Habitat for Humanity is requesting that the City record releases for all of the liens attached to the property. RECOMMENDATION Staff recommends approval to release all City liens on Lot 4, Block 23 and Lot 3, Block 25, Town of Delray and authorization to execute release of lien documents. AGENDA REQUEST Request to be placed on: Date: June 10. 1998 ~ Regular Agenda Special Agenda Workshop Agenda ~ Consent Agenda When: June 16. 1998 Description of item · Authorization and approval to release all City. liens on Lot 4. Block 23 and Lot 3, Block 25, Town of D¢lray in order to give clear title to Habitat for Humanity properties, ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of the release of all City liens attached to the above described properties for Habitat for Humanity. Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all ite~ expenditure of funds): Funding Available: YEs/No ~ Funding Alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for Agenda: ~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action · Approved/Disapproved s:\commun- 1 \cd\cdbgranfiagenrqeq.doc , Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali.America City MEMORANDUM May 15, 1998 1 c~g3 TO: Lula Butler, Director of Community Improvement FROM: David N. Tolces, Assistant City Attorn~ SUBJECT: Nuisance Abatement Liens - Lot 4, Block 23 and Lot 3, Block 25, Town of Delray The City Commission authorized the transfer of the above described property to Habitat for Humanity ("Habitat"). The City acquired the property from Palm Beach County. In order to obtain clear title, Habitat is requesting that the City release all of its liens which the City placed on the property. I believe the City Commission needs to consider this request. Please advise as to your thoughts on giving the release. DNT:smk cc: Susan A. Ruby, City Attorney habitat2.dnt Prepared by: RETURN: David N. Tolces, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 Property Control Number QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, executed this /,.~ day of May, 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, INC., a Florida non-profit corporation, 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 requires.) 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, Subdivision of Block 23 Town of Linton (now Delray), Florida, according to the map or plat thereof as recorded in Plat Book I0, Page 69 of the Public Records 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. PARTY OF THE FIRST PART (name printed or typed) . //~-A~ri~,~.S., Mayor WITNESS #2: (name printed or typed) ~ A..!is~.on MacGregor Harry, ~ity Cl~rk ApProved as to Fo~__L_~ STATE OF FLORIDA David N. Tolces, Assistant City Attorney COUNTY OF PALM BEACH The foregoing imtrument was acknowledged before me this /.~'F~_ day of May, 1998, by f-& q [~ IpCc't 'l~. who is personallyknown to me/or h~ produced (type o~identification)as identification an~'--WffO ~d n~-~ ta~e an"~ath~t~[ /~. Signa~e of Notary Public-State of Florida / quitdeed.agt I OFFICIAL NOTARY S~.AL 1' I svs~ c ~ACOn~'V I NOTARY Pt~Uc STA~ OF FLORIDAI ! COI~ON NO. CC~?~ I I MYCOMMI~ION ,~P. OCT. 15,1~8. ~ Prepared by: RETURN: David N. Tolces, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 Property Control Number QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, executed this I,~ day of May, 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, INC., a Florida non-profit corporation, 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 requires.) 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 3, Block 25 of Subdivision of Part of Block 25, Delray, formerly Linton Florida, according to the map or plat thereof as recorded in Plat Book 5, Page 2 of the Public Records 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 (name printed or typed) ~/~Al/p~in, D.~. S., Mayor ~I'FEST: (name printed or typed) 4Ld Alison MacGregor Harty, ~ity C~rk Approved as~ Form: STATE OF FLORIDA David N. Tolces, Assistant City Attorney COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this /,.~7'~ day of May, 1998, by ~-'--~ /z~ .~~/~ who is personally known to me/or,as produced (type of'identification) as identification a~'~'w~O ~ (did no~ak~ ~n--~ath.(:/ t//~ , , SigT(u;e of Notary Public-State of Florida quitdeed.agt I OFFICIAL NOTARY I ' SUeoAN L MALONEY i ~OTARY PU8LtC STATE OF FLORIDA I COM~mStON NO. I MY COMMISS[ON,rO~,P. ocr. 16,1998 CITY OF I]ELRfl¥ BEfl£H CITY ATTORNEY'S OIR:IC[ :~ ""¥ ~ '~"~'~' ~-'~*~ ~"~"' ~0~,~ ~4~4 May 29, 1998 All.~a C~ 1993 D. Justin Niles, Esquke 7301-A West Pa~eRo P~k Road Suite 305-C Boca ~ton, FL 33433 Subject: Rele~e of Ci~ Lie~ - Lot 4, Block 23 ~d ~t 3, Block 25, Town of Delrag De~ Just~: The City of Delray Beach City Commission will consider your request on behalf of Habitat for Humanity to release the City liens on the above two parcels at its June 16, 1998 regular meeting. If the Commission grants the releases, the City Clerk will prepare the releases. The original releases would then be forwarded to you for recording. If you have any questions concerning this matter, please contact Michael Simon, Interim Community Development Program Coordinator~ at 561-243-7282. Sincerely, 'OFFICE OF THE CITY ATTORNEY CITY OF DE~ BEACh, FLORIDA David N. Tolces, Esq. Assistant City Attorney DNT:smk cc: Lula Butler, Director of Community Improvement Alison MacGregor Harty, City Clerk Mike Simon, Interim Community Development Program Coordinator niles.dm Pnnted on Recycled PaDer [lTV OF [IELARV BEI:IgH DELRAY BEACH  100 N.W. lstAVENUE · DELRAY BEACH, FLORIDA33444 · (561) 243-7000 AII-AmericaCity TO: David T. Harden ~ 993 City Manager FROM: j~Robert A. Barcinski Assistant City Manager DATE: June 10, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 16. 1998 APPROVAL - INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/CNG FUEL PURCHASES ACTION City Commission is requested to approve an Interlocal Agreement with Palm Beach County for the purchase of CNG fuel from the County fueling stations. BACKGROUND Attached is a draft Interlocal Agreement from Palm Beach County which sets forth terms and conditions by which the County will provide Compressed Natural Gas (CNG) fuel management services to the City and establishes the method of payment. The County has two (2) fueling sites, one at the South County Complex on Congress Avenue and one at their Fleet Facility on Belvedere Road. The County is our only source for CNG fuel. The City now has five (5) vehicles that use CNG fuel and will have a total of 15 vehicles by the end of September. If Commission approves the draft agreement, we will obtain and execute the originals. .RECOMMENDATION Staff recommends approval of the draft Interlocal Agreement with Palm Beach County for the purchase of CNG fuel. RAB/tas File: u: swee ne y/agenda Doc: O6109 8b. doc THE EFFORT ALWAYS MATTERS Printed on Recycled Paper  gS-O6-10PO=~:33 RCVD Facilities Development June 5, 1998 & Operations Department 3323 Belvedere Road, Building 503 Joe Safford, Finance Director west P~lm Beach, FL 33406 city of Delray Beach (561)233-0200 100 NW First Ave FAX: ^dm. (561) 233-0206 Delray Beach, Fi. 33444 PREM:(561)233-0210 Re.' CNG Fuel Purohase Agreement with County CID: (561) 233-0270 http://www, co.palm-beach.fl.us Dear Mr. Safford, Attached please find a draft agreement between the County and the City. The form of the agreement is · identical to that executed with the Towns of Pahokee and Lake Clarke Shores, and SFWMD. Palm BeachCounty When you are ready to proceed, we will prepare Board of County three originals for execution by the City Council. Commissioners After the City Council approval, the agreements Burr ^aronson, Chairman will be presented to the Board of County Commissioners for execution. Maude Ford Lee, Vice Chair We look forward to working with the City and KarenT. Marcus assisting you in meeting your fleet needs. If you Carol^.Roberts have any questions, please feel free to call either Doug Weichman at 233-4580 or myself at 233-0204. Warren H. Newell Mary McCarty Sincerely, Audrey. ~olf, Director Facilities Development & Operations County Administrator Robert Weisman, P.E. attachment cc: Pat Miller, Deputy County Administrator Doug Weichman, Director Fleet Management Equal Opportunity AffirmaHve Action Employer" ~ prfnted on recycled paper INTERLOCAL AGREEMENT AGREEMENT, made and entered into this THIS INTERLOCAL __, 1998, by and between PALM BEACH COUNTY, a political subdivision of State of Florida ("COUNTY") and the City of Delray Beach ("CITY"), WlTNESSETH WHEREAS, the COUNTY and the CITY are continually identifying more effective service delivery methods which result in overall savings to the taxpayers; and WHEREAS, the COUNTY and the CITY have determined it to be beneficial to both parties for the CITY to purchase CNG fuel management services from the COUNTY; and WHEREAS, the COUNTY and the CITY have the ability to lawfully enter into this agreement: NOW THEREFORE, in conjunction of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows. SECTION 1: PURPOSE The purpose of this Agreement is to provide the terms and conditions by which the COUNTY will provide CNG fuel management services to the CITY and establish the schedule and method of payment to the COUNTY for such services. The CNG fuel management services generally include; 1) the management and operation of fueling sites, 2) the sale of fuel, and 3) the tracking and reporting of fuel usage. SECTION 2: FLEET MANAGEMENT FACILITY 2.01 The primary Fleet Management Facility is located at 3700 Belvedere Road, Buildings D&E, West Palm Beach, Florida, 33406. Administrative offices are at this location. 2.02 The primary facility is staffed and operated from 7:00am to 3:30pm, Monday through Friday, excluding COUNTY holidays. Additional administrative and support personnel are available until 5:00pm on Monday through Friday. Security staff located at the primary facility is available to address many fueling issues at that site, 7 days a week, after normal working hours. 2.03 The CNG fueling stations are in-service as per Exhibit 1. SECTION 3: FUEL 3.01 The COUNTY operates 2 CNG fueling stations. A list of CNG fueling sites available to the CITY are included in Exhibit 1 to this Agreement. 3.02 Upon execution of this Agreement, the CITY will provide the COUNTY with correspondence identifying the number of fuel cards required as well as the desired "ID" for each asset (for reporting purposes). Within twenty-one (21) days, the COUNTY will provide the CITY with the requested cards. Procedures for requesting additional new and replacement cards will be established after execution of this Agreement. It is the CITY's sole responsibility to ensure that the fuel cards are issued to, and utilized for, authorized and lawful public purposes. The fuel cards will allow the CITY to fuel at any fuel site identified in Exhibit 1. 3.03 The CITY will be invoiced monthly for fuel usage on a per gallon purchased basis. The per gallon cost will be calculated by adding the actual f~i~rice, the applicable taxes plus $. 12 per gallon administrative mark-up. The admin~ve mark-up may be adjusted by the COUNTY at any time during the term otl.~tl~ Agreement, however the COUNTY agrees to charge the CITY the same administr~t'~.~, mark-up as it does COUNTY agencies. 3.04 The CITY will be billed according to the provisions contained in Section 3.03 and is not obligated to purchase a minimum amount of fuel pursuant to this Agreement. 3.05 The COUNTY represents that its fueling stations are operated in -. compliance with all applicable environmental regulations and that the CITY assumes · no responsibility for the proper management of these facilities pursuant to this "'~ Agreement. 3.06 The CITY agrees to provide each employee using a COUNTY fuel facility with procedures for use of COUNTY's facility and ensure that its employees use the facility properly. The COUNTY reserves the right to deny fueling privileges to any CITY employee upon immediate notification of the CITY. SECTION 4: BILLING SCHEDULE 4.01 The COUNTY will prepare and transmit a monthly invoice to the CITY itemizing the costs associated with fuel purchases. The CITY will immediately review same and report any discrepancies to the COUNTY within 10 days of receipt. Payment will be due to the COUNTY within 30 days of receipt of the invoice. Payments shall be sent to: Board of County Commissioners Special Receivables Section - Finance P.O. Box 3977, Fund 601 West Palm Beach, Florida 33402-3977 SECTION 5: ASSET INFORMATION TO BE PROVIDED BY CITY 5.01 The CITY will provide the COUNTY with the information necessary to code all equipment and vehicles into the COUNTY's automated fuel management systems. SECTION 6: LIABILITY The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions, and negligence of the other party. Further, nothing herein shall be construed as e waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. SECTION 7: TERM OF AGREEMENT The initial term of this Agreement is three (3 years) and shall commence immediately upon execution of this Agreement. This Agreement may be renewed for one (1) five (5) year term thereafter. At least eight months prior to the expiration of this Agreement's term, the CITY shall provide the COUNTY with a request to renew this Agreement. If agreed upon by the parties, within two months of the receipt of the request, the COUNTY shall process an Amendment to this Agreement which shall be executed by both the CITY and the COUNTY. SECTION 8: AMENDMENTS TO THIS AGREEMENT ~D/I~/~/~ This Agreement may be amended from time to time by written an~,ment] executed by both the Board of County Commissioners and the City ~ Amendments which modify Section 3.03 of the Agreement will not require _B_~f County Commissioner or City Council approval, upon signature of the City Man;tgat and the Director of Facilities Development & Operations. ' ~ SECTION 9: TERMINATION This Agreement can be terminated by either party, in writing, after 60 days notice, with or without cause. SECTION 10: ANNUAL BUDGET APPROPRIATIONS Pursuant to CITY law, this Agreement is subject to the annual budget appropriations of the CITY and the COUNTY. SECTION 11: NOTICES Any notice given pursuant to the terms of this Agreement shall be in writing and done by Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date of receipt, as evidenced by the Return Receipt. All notices shall be addressed to the following: As to the COUNTY: COUNTY Administrator 301 North Olive Avenue West Palm Beach, Florida 33401 Director, Facilities Development & Operations 3323 Belvedere Rd. Building 503 West Palm Beach, FI. 33406 With a copy to: Director of Fleet Management Division 3700 Belvedere Rd. Bldg D West Palm Beach, FI. 33406 County Attorney's Office 301 North Olive Avenue West Palm Beach, Florida 33401 As to the CITY: City Manager's Office City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 With a copy to: Public Works Director City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 Invoices to the CITY shall be sent to: Finance Director's Office City of Delra¥ Beach 100 NW First Avenue Delray Beach, FL 33444 SECTION 12: APPLICABLE LAW/ENFORCEMENT COSTS This section shall be governed by the laws of the State of Florida. Int~'~ent that any action, or suit proceeding is commenced with respect to the interpretat~[ enforcement of this Agreement, the prevailing party in such action, suit, or procee .oa~k · '. shall be entitled to recover all costs, expenses and fees including, without limitation~ reasonable attorney's fees, incurred by such party in connection therewith. SECTION 13: FILING A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach COUNTY. SECTION 14: DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the Constitutional or Statutory duties of COUNTY or CITY officers. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS DOROTHY H. WILKEN By: By: Deputy Clerk Chairman ATTEST: City of Delray Beach By: By: City Clerk Mayor APPROVED AS TO FORM APPROVED AS TO FORM AND LEGAL SUFFICIENCY AND LEGAL SUFFICIENCY By: By: County Attorney City Attorney PALM BEACH COUNTY FLEET MANAGEMENT FUEL STATION ROSTER SITE LOCATION HOURS Fleet Management 24 UnleadE 3700 Belvedere Road Diesel West Palm Beach, FL 33406 CNG South County Administrative Complex 24 Unleaded 345 S.Congress Avenue Diesel Delray Beach, FL 33445 CNG [lTV DF DELRR¥ BERgH Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali. America City MEMORANDUM 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorne~ SUBJECT: Agreement for Water Main Construction Funding Dharma Foundation III./nc. - S.E. 2nd Avenue Watermain Upgrade The attached agreement, if approved, will require the DHARMA to contribute $10,000.00 toward the watermain upgrade on S.E. 2nd Avenue to an 8" watermain. The City will provide for the cost of the survey, design, and construction supervision. The watermain upgrade is required as part of the Milagro Center's Developmem. If you have any questions, please call. DNT:smk Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Randal Krejcarek, City Engineer dharma.dnt AGREEMENT FOR WATER MAIN CONSTRUCTION FUNDING THIS AGREEMENT entered into this day of , 1998, by and between the CITY OF DELRAY BEACH, FLORIDA ("City") and THE DHARMA FOUNDATION III, INC., a Delaware corporation ("Dharma") provides as follows: WHEREAS, DHARMA is developing a vocational school on S.E. 2nd Street in the City of Delray Beach; and WHEREAS, CITY approved the change in the use on the property from retail to vocational school, and as a condition of approval required DHARMA to contribute to the cost of a water main upgrade on S.E. 2nd Avenue; and WHEREAS, the parties desire to enter into this agreement to outline the respective rights and obligations. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. DHARMA agrees to pay the CITY Ten Thousand and 00/100 Dollars ($10,000.00) as its share of the cost to upgrade the water main within S.E. 2nd Street. 2. CITY agrees to pay the remainder of the cost of the water main upgrade, and to perform the construction required to construct an 8-inch water main on S.E. 2nd between S.E. 2nd Street and S.E. 1st Street. 3. Any notice required to be given hereunder shall be given by personal delivery, by registered mail, or by registered expedited service at the addressees as specified below, or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery. As to City: City of Delray Beach Atto: David T. Harden, City Manager 100 N.W. 1st Avenue Delray Beach, FL 37.~.~. As to Dharma: The Dharma Foundation III, Inc. 1450 So. Dixie Highway Boca Raton, FL 33432 Atto: Rodney Romano, Esq. 4. This Agreement is not valid unless signed by the City Mayor and the City Clerk. 5. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by .both parties. IN WITNESS WHEREOF, the parties to this Agreement have caused this Agreement to be duly executed on the date written above. CITY OF DELRAY BEACH, FLORIDA ATTEST: By: Jay Alperin, Mayor City Clerk 2 Approved as to Form: City Attorney THE DHARMA FOUNDATION III, INC. WITNESS: By:~,~r Print Nar~e:'~,~e~A ~ ~.:-~t '~, Print Name: Title'.'~u.~l~..~ (SEAL) STATE OF The foregoing instrument was acknowledged before me this ,~"(-~ day of ~ .... ~., , 1998 by /~ Z,-'.~, ~ ~ ,'.~'m 7'7, e,~ .T/' (name of officer or ant, title of officer or agent) of 7'/.,¢ ]'),/~a,'m,,, .~?.,,-,,/. 7'77--, /'ffL'_ (name of corporation acknowledging), a Delaware corporation, on behalf of the corporation. H,.._e/She is personally known to me or has produced as identification. / I~0 mnn~ nnm~4, am ~gnature of Notary Public - State ~ '7~:~ ~_~ _~"_~_ _~'L~_ 'of Florida dharma.agt MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY M3~AGER SUBJECT: AGENDA ITEM # ~-- REGULAR MEETING OF JUNE 16, 1998 CLOSEOUT CHANGE ORDER AND REQUEST FOR FINAL PAYMENT - INTERCOUNTY ENGINEERING, INC. (REHABILITATION OF SIX LIFT STATIONS) DATE: JUNE 12, 1998 This is before the Commission to approve Change Order #3 (Final)~ in the amount of $6,570.08 with Intercounty Engineering, Inc. associated with the contract for rehabilitation of lift stations 3, 10, 32, 83, 88 and 105. The scope of work included in the change order involves miscellaneous modifications and additions to the various lift stations. Also requested is approval of final payment in the amount of $16,887.35 to Intercounty for completion of the project. All contract requirements have been met. Funding will be from 442-5178-536-61.83 (Water & Sewer Renewal and Replacement/Lift Station Rehabilitation). Recommend approval of the closeout change order and final payment to Intercounty Engineering, Inc. ref:agmemo9 TO: David T. Harden-~' : -~ City Manager FROM: Howard Wight ,,,~/4U,'~ Dep. Dir Constru~qp '-~ 1 SUBJECT: Rehabilitation of' Lift Stations 3, 10, 32, 83, 88, 105 PN 93-064 DATE: June 11, 1997 Attached for Commission approval is an agenda request for Change Order #3, Final to Intercounty Engineering, Inc. for the above referenced Project. The amount of Change Order #3 is an add amount of $6,570.08 for revisions to the various stations. The revisions include water service relocation and RTU box installation at LS 10; water service relocation and installation of pressure sensor at LS 105; curbing, security fencing and existing force main tie-in modifications at LS 83; relocation of electrical service to FPL service point at LS 32; and modifications to electrical panel, installation of security fencing and barrier wall at LS 88. A request is also made for approval of final payment to Intercounty in the amount of $16,887.35. A Contractors Performance Report is attached for your review. Funding is available from #442-5178-536-61.83, Lift Station R&R. file: 93-064 (E) file: s/eng/eng/proj/9364/official/agdmemo, doc Agenda Item No. AGENDA REQUEST Date: June 11, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: June 16, 1998 Description of item (who, what, where, how much): Staff requests Commission Approval of Change Order %3, Final to Intercounty Engineering, Inc. contract for Rehabilitation of Lift Stations 3, 10, 32, 83, 88 and 105 (PN 93-064) in the amount of $6,570.08. Scope of work includes miscellaneous modifications and additions to the various stations. A request is also made for approval of final payment to Intercounty in the amount of $16,887.35. A Contractors Performance Report is attached for your review. Funding is from R & R account #442-5178-536-61.83, R&R Lift Stations ORDINANCE/RESOLUTION REQUIRED'.~.~ DRAFT ATTACHED~ Recommendation: Staff recommends app~val of Change Order #3, Final and final payment to Interco~t~ En~L~e~in~, ~. Department head signature: [,,,~C.~~~. ~/~~-/ ~t/~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available'.E~t/NOO ~ ~ ! ~ % ' Funding alternatives (if applicable) _ Account No. & Description~ Account Balance W~[~, D~, .. _. City Manager Review: Approved for agenda: ~NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file: s: eng/eng/proj / 9531/official/agl105.doc. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. 3, FINAL) PROJECT NO. 93-64 DATE: PROJECT TITLE: Rehabilitation of Lift Stations 3, 10,32,83,88,105 TO CONTRACTOR: Intercounty Enqineerinq, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS POR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIPICATION: Modifications/Additions to the various stations: Lift Station 10 - Relcocate water service install RTU box $ 650.00 Lift Station 105 - Relocate RPZ and install pressure sensor $ 275.00 Lift Station 88 - Modify existing force main piping tie-in; install water service; construct curbing; install perimeter fencing $ 9,169.88 Lift Station 32 - Relocate service to FPL handhole $ 2,500.00 Lift Station 83 - Construct gravity wall at Waters Edge roadway; relocate electrical panel $ 4,275.20 Lift Station 3 - Purnish and install new valve vault $ 4,700.00 less Contract Allowance -$15,000.00 Net Total C.O.#3 $ 6,570.08 SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $212,360.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $224,265.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $436,625.00 COST OP CONSTRUCTION CHANGES THIS ORDER $ 6,570.08 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $443,195.08 PER CENT INCREASE/DECREASE THIS CHANGE ORDER +3.0.0% TOTAL PER CENT INCREASE/DECREASE TO DATE +227% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. for Intercounty Engineering, Inc. (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services 442-5178-536-61 83 DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: for Environmental Services Jay Alperin, MAYOR ATTEST: APPROVED: By: City Attorney City Clerk APPLICATION NO.: ~E~..]~_Z~) PERIOD FROM' ~ovember_l. 199~l'O:January 31. 1998 PROdECT: Lift Stations ~3, 10, 32, 83, 883~ 105 TO OWNER: c~t~'of ~r~ ~e~c~ FROM CONTRACTOR: z. cer:o~ncy Engineering,. Inc. THRU ~NGINEER: ~:k~= ~g~n~=~n~ 1) ORIGINAL CONTRACT SUH: $ 212,360.00 2) APPROVED CONTRACT MODIFICATIONS: $ 224,265'.00 3) CONTRACT MODIFICATIONS APPROVED THIS PERIOD :. {LIST CONTRACT MODIFICATIONS NO'i) AND ATTACH COPIES OF CONTRACT MODIFICATIONS) 4) REVISED CONTRACT AMOUNT (Sum of Ll~es I ~ 2) $ 436.~625.00 5) TOTAL VALUE OF WORK COMPLETED TO DATE: $ 443,395-08 6) LESS AMOUNT RETAINED: { o %) $ o.oo 7) SUBTOTAL (Line 5 - Line 6) ~ $ 443,1~5.08 8] LESS PREVIOUS CERTIFICATES FOR PAYMENT: $ 426,307.73 (Line 7 from Previous Application) g} CURRENT PAYMENT DUE (Line 7 - Line 8) : $ 16~887.35 10) BALANCE TO FINISH PLUS RETAINAGE: $ 0.00 1t) PERCENT PROJECT COMPLETE: ( [00 %) CONTRACTOR' S CERT ! F I CAT I ON ll~e Undersigned Contractor Certifies: ~] The uork covered by this Application for Payment has been completed In accordance .ith the Contract Documents. -'. 2) Ali previous progress payments received from the OWNER on account of Work done under the contract referred to above have. been applied to discharge in full all obli.gations of the CONTRACTOR incurred in connection ~ith Work covered by prior kpplicaions for Payment numbered t thru NZNE inclusive. 3] Title to all materials and equipment incorporated in said ~ork or other~ise listed in or covered by this Application for Payment ~iil pass to the OWNER at time of payment free and clear of all liens, claims, security interests andencumbrances(except such~~abletotheOWNER)., Contractor 'J Date PAYMENT OF THE AMOUNT IN LINE g IS RECOMMENDED. Project Representative Date ~T~ECKLER ENGINEER lNG Sheet t of 4 e oooooooooooo ooooooooooo o . ............ cidclddddddddd ddddddcidcldd o ~ qqqqqqqqqqqq qqqqqqqqqqqq ;~ oooooooooooo oooooooooooo ddddddddddd o o =- 6 ~ 0~ 000000000000 000000000000 00000000000 ~ qqqqqqqqqqqq qqqqqqqqqqqq qqqqqqqqqqq q og gggggggggggg oooooooooooo ooooooooooo 'o ............ qqqqqqqqqqqq qqqqqqqqqqq q ~ ~ °~°°°°°°°°°° oooooooooooo ~oooooooooo 000000000000 000000000000 00000000000' 0 000000000000 000000000000 00000000000 0 I ~] dddddddddddd dddddddddddd ddddddddddo o ~ 000000000000 000000000000 00000000000 0 ~ 000000000000 000000000000 00000000000 0 ~ E-- dddddddddddd dddddddddddd ~dddddddddd .~ ~ o~oooooooooo oooooooooooo ~oooooooooo ~ 000000000000 000000000000 00000000000 0 ~ ~ o 8 ~ ~ 888~°°°°°°°° ~oooooooooo -- o~o~ ~~ooo~ ~ ~ o > ~ 0 0 ~~ ~~ -- -- o <~"~ = 0 ~0 c~ m ooooooo 00~0~00000~0 ooooooooooooo Z ~ 0000000 000000000000 0000000000000 0  OdO~ddO oooooooooooo ooooooooooooo o o =- ~ QQQQQQQ Q~Q~QQ~Q~q QQQQ~Q~QQ~ 0 0000000 000000000000 ~ 000000000000 0000000000000 · oooooooooooo ooooooooooooo o ~ ~ OOOUO0~ 0000~00000o0 ~00o00o00000o ~ OddaO0~ oooooo~o~ ~oooo~o~o~ o ~ oooooo~ ~~~ ~~~~ 0 ~ o 0 ~ 0000000 000000000000 0000000000000 0 ~ ° .~ 0000000 000000000000 0000000000000 -~ oooooooooooo ooooooooooooo ~ ~ oc ~ °°°°°°°°°°°° ~q~~q~~ . c e~ OOOOOOR oooo~ooooooo ~ O ~o+ 000000~ 000000~0~ ~ 0000000 000000000000 0000000000000 ~ ~ 0000000 000000000000 0000000000000 ~ ~ ~ ~oooooo O000000dO000 ~oooooooooooo ~ ~ ~ o ~ ~ ~ > ~ o ._ ~ ~ ~ m 0 ._ ~ ~ ~o o~ '- ~ o ~.~ ~ ~ u ~ ...... Z ~ z o,~ oooooooooooo oo~ooooooo I~ oooooooooooo aq~q~q~q~ oo ~ E~ °°°°°°°°°°°° oooooooooo oo ~ 0 ~ ~~~ oooooooooo oo dodddddddddd oooooo~o~e ~ = oooooooooooo oo~o ~ ~ ~ '~-- o o o o o ~ o o o oooo o ~ o : ~ oooo~ooooooo ~o · ~ Q~ = ¥~ oooo~o~ ~ o ~ 000000000000 0 ~ O0 : = oooooooooooo o ~ ~} oo 0 ~= ~ ~ = o , ~ ~ ~ ._ ~o 0 0000000000 Z 0 c~ ~'~ ® o e~ = = = = .................... o ~§~ =z CITY OF DELRAY BEACH CONTRACTOR' S PROJECT PERFORMA/qCE REPORT PEI{FOR~CE RATING AVERAGE PROJECT: Rehabilitation of Lift Stations 3, 10,32, 83, 88 105 PROJ. #: 93-64 DATE: April 1998 Intercounty Engineering, Inc. (Contractor Name) 1925 N.W. 18th St. Lift Station Rehabilitation (Mailing Address) Type of Work Pompano Beach, F1 33069 $443,195.08 (City, State, Zip) ($ Amount) GPJkDING INSTRUCTIONS This report contains two sections, SECTION I, "MANAGEMENT AND ORGANIZATION OF THE WORK", and SECTION II, "WORK PERFORMANCE". Contained in each SECTION listed under Topic Statements (A., B., C., etc.), are Items, (1., 2., 3., etc.), to be graded by the Project Engineer as follows: 1 - Unsatisfactory 4 - Above Satisfactory 2 - Marginal 5 - Excellent 3 - Satisfactory The overall average of both these sections is listed above as the Performance Rating Average based on the 1-5 scale above. ec on cor. Section II Score ~ / JZ = Z~ Points O~era~ Score /fA /~ = Z,?~ Points SECTION I MANAGEMENT AND ORGANIZATION OF THE WORK A. Effectiveness of supervision in scheduling the work, organizing construction operations and providing quality control. 1. Preconstruction Conference preparation and presentation. 2. Adequacy in maintaining their proposed work schedule and preventing delays of stoppages in particular phases or overall project completion. 3. Coordination and supervision of subcontractors to insure quality control and contract compliance. 4. Knowledge of supervisory personnel regarding specifications, plans and special provisions. 3 5. Supervision of work crews. 6. Preparation of shop drawings and submittals. B. Negotiation of Contract modifications, project record- keeping and project documentation. 1. Organization and completeness of data submitted for potential claims, extra work and time extensions. 2. Organization and availability of project records. 3 3. Furnishing of required certifications of materials, delivery tickets and invoices. 3 C. Working relationship with City personnel responsible for administration of the Contract requirements and inspection of the work. 1. Notifying the City of problems before the work is continued. 3 2. Effecting changes within the scope of the Contract as instructed by the City. 3 3. Informing City Construction Management personnel in advance of scheduled day to day item~ 3 of work. 4. Responding to correspondence from the City. 3 5. Properly notifying the City in advance of job changes and shut-down for Holidays, adverse 3 weather, leaving the job or other circumstances. SECTION I TOTAL ( ~/ ) SECTION II WORK PERFORMANCE A. Prosecution of the Work. 1. Effort to complete the work within Contract time plus authorized extensions. '~ 2. Punctuality in starting the work and completing critical intermediate phases. ~ 3. Effort in performing work on all production items available throughout the project. ~ 4. Manpower corm~itment in perform thework. ~ 5. ~owledge and competency of work force in performance of assigned job duties. 3 6. Accuracy and dependability survey layout. 3 7. Cooperation in performance of work with local citizens, (dust control, accessibility, 3 restoration). 8. Availability of project superintendent. ,7 ~ B. Work effort and product quality control. ~ 1. Quality of work completed. 3 2. Allowance of sufficient time for job site sampling and testing of materials before 3 proceeding with the work. 3. Effort to provide and maintain adequate survey station markers and grades. 3 4. Pre-planning on complicated work to assure a smooth operations. 3 5. Quality of the work with normal inspection. 3 C. Scheduling and controlling of construction activities to minimize the impact on traffic through the construction zone, access to adjacent property and protection of the general public. 1. Maintenance and lighting of approach warning signs and barricades both day and night. ~ 2. Adequacy of traffic flagman, including training and equipment. ~ 3. Response time in correcting jobsite conditions hazardous to the general public. ~ 4. Signing, (informational, special detour, lane closure, etc.), including required 3 striping and maintenance. 5. Protecting and maintaining required access to adjacent property including use and ~ maintenance of erosion control devices. 6. Securing project at the end of each workday, weekends and holidays. J D. Sufficiency of appropriate equipment to prevent downtime and provide safe production of a quality product. 1. Availability of sufficient equipment for performance of the work. 3 2. Service and repair of equipment to insure a quality product. 3 3. Use of proper equipment on designated work. ~ 4. Operator performance on equipment being utilized. 3 5. Utilization of trained and competent personnel for all equipment. 3 E. Compliance with E.E.O., labor, training and on-site safety. 1. Maintenace of the worksite in a safe and clean condition. ~ 2. Employees adherence to Contractors safety policy and City safety requirements. J 3. Furnishing a certified payrolls both for contractor and his subcontractors as required. ~1~ Work Performance Page 2 F. Interface with utility companies in adjusting, relocating or install facilities concurrent with construction. 1. Providing required notice to ~e City regarding planned operations affected by utilities. ~ 2. Coordination wi~ utility companie~ in protection of existing facilities. 3. Effort to work wi~ utility companies as necessary in correcting unforeseen problem. G. Final completion of the project. 1. Effort in expediting project clean-up. ~ 2. Effort in minimizing punch list items. .,,3 3. S~mi~$ion of all final paperwork and documentation. 3 PROJECT MANAGERS REMARKS SUPPORTING GRADES Submitted: u~~i~c~ Date Dep tor of Construction MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~t~ITY Mg2XlAGER SUBJECT: AGENDA ITEM #~'~'- REGULAR MEETING OF JUNE 16, 1998 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JUNE 12, 1998 Attached is the Report of Appealable Land Use Items for the period June 1st through June 12, 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 the appealable actions for the period stated. Receive and file the report as appropriate. ref:apagmemo TO: DAVIT. H~A~TY MANAGER THRU: PAUL DORLING, A.,G"/i'ING PLANNING DIRECTOR FROM: JASMIN ALLEN, PLANN /~ SUBJECT: MEETING OF JUNE 16, 1998 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JUNE 1, 1998 THRU JUNE 12, 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 June 1, 1998 through June 12, 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. A. Approved (5 to 0, Carter and Smith absent), a request for a color change for Arby's Restaurant, located on the south side of Linton Boulevard, west of the FEC Railroad. City Commission Documentation Appealable Items Meeting of June 16, 1998 Page 2 B. Approved (5 to 0), a Class II site plan and landscape plan modification associated with a reduction of landscaping materials and the installation of wood picket fences adjacent to a portion of the a/c units for Villas D'Este, located on the north side of West Atlantic Avenue, at the intersection of West Atlantic Avenue and Hamlet Drive. C. Approved (5 to 0), a Class II site plan modification, landscape plan and architectural elevation plan for La Sedona, a townhouse development currently under construction, located on the west side of Military Trail, approximately 2,800 feet north of West Atlantic Avenue. The request is associated with changes to the building footprint, floor plans and elevations along with landscaping and other site changes in order to make the development more marketable. D. Approved (5 to 0), a Class II site plan modification, landscape plan and architectural elevation plan in conjunction with site upgrades for Unique Oil #8 (Exxon), located at the northwest corner West Atlantic Avenue and N.W. 8th Avenue. E. Approved (5 to 0), a Class III site plan modification and landscape plan associated with a proposed parking lot for the Blood's Hammock Groves, located at the southwest intersection of Linton Boulevard and Old Germantown Road. Concurrently, the Board approved a request to allow citrus trees to be installed at 5' in height instead of the required 12' height and to allow the fence and hedge to be installed on the property line instead of along the inside perimeter of the landscape buffer. F. Approved (5 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 19,736 sq. ft. office building, Life Care Services, located at the southwest corner of the Delray Park of Commerce which is located at the northeast corner of Lake Ida Road and Congress Avenue. G. Approved the master sign program for Levenger's, located on the west side of Congress Avenue, south of Atlantic Avenue. 1. Approved (4 to 0, Johnson, Diggans and Turner absent), a waiver request to allow an existing nonconforming asphalt driveway (located 4' from the property line where 5' is required) to be replaced with paver blocks for a residential unit located at 321 Venetian Drive. City Commission Documentation Appealable Items Meeting of June 16, 1998 Page 3 2. Approved (4 to 0), a Certificate of Appropriateness, site plan (Class V), landscape plan and architectural elevation (design elements) associated with the construction of a three-story 7,415 sq. ft. mixed use building for Rectory Park, located at the southwest corner of West Atlantic Avenue and Swinton Avenue. 3. Approved (4 to 0), a request to modify the previously approved architectural elevations for Sundy Inn, located at the southwest corner of S.W. 1st Street and Swinton Avenue. Other Items In other items the Board decided to postpone the formal review of the designation report for the Vista Del Mar Historic District to the second meeting in January, 1999 in order to allow all affected property owners and winter residents to be present when the report is reviewed. 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 JUNE 16, 1998 L-.30 CANAL LAKE IDA ROAD N.W. 2ND S.W. 2ND ATLANTIC LOWSON BOULEVARD LINTON BOULEVARD .~ L ..... m ? L-58 CANAL C-1§ CANAL c,~ ,,M,TS ........... S.P.R.A.B.: H.P.B.: A. - ARBY'S RESTAURANT 1. - 2,3'1 VENETIAN DRIVE B. - VILLAS D'ESTE 2. - RECTORY PARK I ~ MILE / C. - LA SEDONA .3. - SUNDY INN I J D. - UNIQUE OIL f~8 (EXXON) SCALE E. - BLOOD'S HAMMOCK (;ROVE F. - LIFE CARE SERVICES N G. - LEVENGER'S CITY OF' DELRAY BEACH, FL PLANNING &: ZONING DEPARTMENT -- DIGITA~ BASE MAP SYSTEM -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM ~'~'- REGULAR MEETING OF JUNE 16, 1998 AWARD OF BIDS AND CONTRACTS DATE: JIINE 11, 1998 This is before the City Commission to approve the award of the following bids and contracts: 1. Contract award in the amount of $110,362.00 to Master Contractors, Inc. for construction of the Knowles Park boat ramp, restrooms and boardwalk project (base bid and alternate #1), with funding from 334-4179-572-63.90 (General Construction Fund - Knowles Park Improvements), 50% of which is funded via Florida Inland Navigation District (FIND) grant. 2. Contract award in the amount of $158,700.00 to Marine Engineering Contractors, Inc. for the reconstruction of the north field at Miller Park, with funding from 334-4173-572- 63.73 (General Construction Fund - Miller Park Regrading and Sodding). 3. Grant award through the Community Development Block Grant (CDBG) program for the rehabilitation of an owner occupied housing unit at 1407 S.W. 4th Street to Frank Bouman Construction in the amount of $13,887.30, with funding from 118-1963-554-49.19 (Community Development Housing Rehabilitation). 4. Grant award through the State Housing Initiatives Partnership (SHIP) program for the rehabilitation of an owner occupied housing unit at 934 S.E. 3rd Avenue to Craftsman Plus, Inc. in the amount of $19,724.25, with funding from 118-1924-554-49.19 (SHIP Program). 5. Purchase award in the amount of $24,500.00 to Wareforce, Inc., via Florida State Contract, for Microsoft '97 licenses and software to be used at the Police Department, with funding from 001-2113-521-51.25 (Police Support Services - Computer Software). Recommend approval of the bid and contract awards listed above. ref:agmemo8 Agenda Item No. AGENDA REQUEST Date: June 10, 1998 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: June 16, 1998 Description of item (who, what, where, how much): Staff requests the City Commission approve a construction contract with Master Construction, Inc in the amount of $110,362.00. for the construction of the Knowies Park Boat Ramp, Restrooms and Nature Boardwalk (PN 96-61). Funding is available from the Knowles Park account No. 334-4179-572-63.90. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve the construction contract with Master Construction, Inc., in the amount 0[.$110,3~-~.0 for construction of the Knowles Park Boat Ramp, Restrooms and Nature[/B~!clw(~/(f-~rdw ~, ,/ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (re..qu~d on all items invol~re of funds): Funding available: E~.~NO Funding alternatives (if applicable): Account No. & Description ._~:,~,q- 4ZjTq- Account Balance,~ ,/~,~.. ~._~&,~ City Manager Review: " Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review:. Received: Placed on Agenda: Action: Approved/Disapproved s:\...\9661~agreq616 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Howard Wight /~/~ Deputy Director ESDC/~/sl~/'on Date: June 10, 1998 Subject: AGENDA REQUEST for 6/16/98 Knowles Park Boat Ramp, Restrooms and Nature Boardwalk Proiect No. 96-61 Attached is an Agenda Request for City Commission approval of contract award to Master Contractors, Inc. for the construction of the Knowles Park Boat Ramp, Restrooms and Nature Boardwalk. The scope of work includes the removal/replacement of the existing restroom facility and boat ramp; and the construction of a nature boardwalk. The project was bid as a lump sum for the entire facility. Add alternate #1 specified substituting recycled plastic wood in lieu of natural wood on the Nature Boardwalk decking, stantions and handrails. Staff is recommending award of the base bid and alternate #1 to Master Contracting, Inc. for $110,362.00. The engineers estimate for the project was 140,000.00. Fifty-percent of the funding for this project is being provided from a grant from the Federal Inland Navigation District (FIND). Funding is available from 334-4179-572- 63.90 (Knowles Park). cc: Joe Weldon Dick Hasko File 96-61 (A) s~..~9661 ~agrnem (BID FORM) Proposal of .. Master Contractors, Inc . (Contractor) (Address) to furnish and deliver all materials and to do and perform all work in accordance with the Con- tract Documents for the Project entitled: KNOWLES PARK BOAT RAMP RESTROOMS & NATURE BOARDWALK CITY OF DELRAY BEACH PROJECT NO. 96-61 To: Purchasing Officer City of Delray Beach, Florida 100 NW 1 st Avenue Delray Beach, Florida 33444 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the CITY in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will re- main open for sixt3.' (60) days after the day of Bid opening. Bidder will sign and deliver to the CITY the Agreement and submit the Contract Security, Insurance Certificates and other documents i~equired by the Contract Documents within fifteen days after the date of O'¢,rNrER'S Notice of Tentative Award. If Bidder fails to sign the Agreement and deliver the Agreemem to the CITY accompanied by the required security, insurance certificates and other documents within the time the CITY has the rescind the specified, tO bid award and retain the bid security which shall be forfeited as liquidated damages. P-1 3~. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: a. Bidder has examined copies of all the Contract Documents and of the following addenda: Numb~ Date Number Date · 1 5/11/98 receipt of all of which is hereby acknowledged and also copies of the Advertise- ment for Bids and the Instructions to Bidders; f b. Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, r~l'es and regulations) and the conditions affecting cost, progress or performance of the Work and has t made such independent investigations as Bidder deems necessary. , c. This Bid is genuine and not made in the interest of or on behalf of an), undis- ! ----[ i"?: closed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or a corpo- ration to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over the CITY; no City offi- cial nor any City employee has a direct or indirect interested in said bid, in the supplies or work to which it relates, to any person associated with the finn per- forming the work, or to the profits resulting from the work. [Remainder of this page left blank intentionally] ?-2 4. Bidder ',,,"ill complete the work for the following prices. 3CHEDULE OF CONTRACT PRICES EXTENDED ITEM EST. UNIT NO. DESCRIPTION UNIT QTY. UNIT PRICE (in words) PRICE TOTAL PRICE of Existing : Dollars Tt4 ~ ~'l'"f 'I~ © Structures Cc~ Cents Floating Dock, & Dollars Tu-,c, Piling cc,,/Ice Cents [ 3 Restroom L.S. I -]14q ¢'{-'f Dollars_ i-~-,.:o~o Cents Dollars ~J1p~ Ceres [ 5 Inde~fication L.S. 1 Ten $ 10.00 $ 10.00 ; Doll.s No ICen~ ] TOT~ EV~UA~D BASE BID BID I~MS 1 ~ough5 (~nmbe~) $ [~ ~ [~ cc BID I~MS I ~ou~ 5 (~ words) Dollars [ Cents  Page P-3.~ EXTENDED IT~M ' EST. UNIT ~, ). DESCRIPTION: UNIT QTY. UNIT PRICE (in words) PRICE TOTAL PRICE :' Boardwalk Dollars ~ Substitute wood with : Plastic Wood Cents i Decking Handrails Safety l~ils & Stanchions TOTAL EVALUATED BASE BID ~ INCLUDINO ALTERNATE · BID ITEMS 1 through 6 (in numbers) $ TOTAL EVALUATED BASE BID INCLUDING ALTERNATE ¢~_ BID ITEMS I through 6 (in words) Dollars 0o~;O~O "" Cents Page P-3.2 5. Bidder agrees that the Work will be substantially completed within 75 calendar days after the date when the Contract Time commences to mn, and completed w/thin 15 calendar days after the date of Substantial Completion. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 6. The undersigned agrees as follows: Accompanying this .Proposal is a certified check, cashier's check or bid bond (5% of total Bid Price) meeting the requirements of the Contract Documents for $ 10,000.00 payable to the City of Delray Beach which is to be forfeited if, in the event that this Pro- posal is accepted, the undersigned shall fail to execute the contract and furnish satisfac- tory Contract Security and furnish insurance certificates under the conditions and within the time specified in the Instructions to Bidders; otherwise, said certified check, cashier's check or bid bond is to be returned as provided herein. 7. Communications concerning this Bid shall be addressed to the Bidder as indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construc- tion Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted on 5/22/98 a.) (If an individual, partnership, or non-incorporated organization) Signature of Bidder By Address of Bidder b.) (If a corporation) __ Signature of Bidder ~~ Corporate Seal By Sandra Puerta Ford. CC, c.r}_q~na4 Address of Bidder 4411 Beacon Cirelo_, #3, w_p_R Incorporated under the laws of the State of Florida P-4 c.) Certificate of Competency number C GC 058054 d.) The names of the corporate officers, or partners, or individuals doing business under trade name, is as follows: Sandra Puerta Ford, President Linda L. Davis, Vice President/Secretary, Paul B. Davis, Officer Signature of Bidder By Sandra Puerta Forql Name President Title Business Address 4411 Beacon Circle, #3 West palm Beach~ F1 33407 Incorporated under the laws of the State of Florida [Remainder of this page left blank intentionally] P-5 Agenda Item No. AGENDA REQUEST Date: June 10, 1998 Request to be placed on: × Regular Agenda Special Agenda ~ Workshop Agenda When: June 16, 1998 Description of item (who, what, where, how much): Staff request the City Commission approve a construction contract with Marine Engineering Contractors, Inc., the lowest responsive bidder, in the amount of $158,700.00 for the construction of the Miller Park Reconstruction of North Field. Funding is available from the Miller Field Regrading account No. 334-4173-572-63.73. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve the construction contract with Maring Engineering Contractor,s,~Ja.,~c.., in the amount,g~$158,700.00 for construction of the Miller Park project. /) /'-"¥, I( Department head signature: _ _~_ . _. Determination of Consistency with Comprehensive Plan: City Attomey Review/Recommendation if applicable): Budget Director Review (re, Ru~d on all items invo~ of funds): Funding available(.yES~lO Funding altemative~=~it' applicable): ~- Account No. & Description 334-4173-572-63.73 (Miller Field Re,qradin.q and Soddin,q) Account Balance _~/1'7,.5', '7~,,5', ,FO ~ ~ b//lO,/qg ~. 0 · City Manager Review: Approved foragenda: ~NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...\9738\agreq616 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Howard Wight Deputy Director ESD C,~st~u~ion Date: June 10, 1998 Subject: AGENDA REQUEST for 6/16/98 Miller Park Reconstruction of North Field Proiect No. 97-038 Attached is an Agenda Request for City Commission approval of contract award to Marine Engineering Contractors, Inc. for the construction of the Miller Park Reconstruction of North Field. The project consists of removing the existing sod, leveling and compacting with new fill matedal and resodding the fields on the north end of Miller Park. These fields are constructed over an old landfill and have settled over the years resulting in an irregular playing surface. Leveling and resodding will correct this situation. The project was bid with a base bid which included the south 3/4 of the north end; and an alternate bid which included the entire field. The request for award is for the alternate bid which includes the entire north end of Miller Field. The lowest responsive bidder for this project is Madne Engineering Contractors, Inc. Per the attached bid tab they were the third lowest at the time of bid. The Iow bidder, Flodda Blacktop, has withdrawn their bid based on an error (see attached letter); and the second bidder did not furnish a bid secudty at submission and was considered nonresponsive A check of the contractor's references proved favorable. A copy of the bid tabulation is attached. Therefore, staff recommends the City Commission approve an award of construction contract in the amount of $158,700.00 to Madne Engineering Contractors, Inc. The engineers budget estimate was $199,000.00. Funding is available from 334-4173-572- 63.73. cc: Joe Weldon Dick Hasko File 97-038 (A) s~..,~9738~agmem 1280 S. Powerline Road Suite 29 Pompano 8each, Florida 33069 [954) 979-575? Saturday, June 06, 1~ Howard W~ite City of Delray Beach 100 ~ l~t Av~ I:)elray Beach, FL 33444 Due to an omission in a subcontractor quote, which we re~ied on in preparing our bid for Miller Park, we would like to formally request your permission fo~ an an upward revision in our bid price to the city. Our Subconfl,actor Hev~land Blackroc-k ~ quoted u~ I0~.00 per aore as a price for pesticides. Since Methyl Bromide is a pesticide we w~e under the impression that it was included in his bid. We have enclosed a copy of Haverfend$ bid and al~o some information on Methyl Bromide which indicates that it is a pesticide. The actual Inorease in the contract anmant will be al=Droximately 20,000 Dollars. We have made a col3y of the ComDtroller Generals 0e~ision on a situation very s~mitar to ours which is is ~closad for your review. In the alternative, as per our discussion we agree to withdraw our bid and refrain from bidding any sportsfield related bids for a period determined by the City of Delray Beach, In exchange for our bid bond, provided that this withdrawal will not be detrimental to any future awards. (other than Spo~ Field Projects) · Thank you for your consideration. Presiderrt Proposal of ~ g~¢~r~(; ~~,s, I~C. '1~51 10eh Avenue ~or~h, Lake ~or~h, ~ to ~sh ~d deliver' M1 mat¢fiMs ~d m do ~d Pe~o~ ~ work ~ ~r~c¢ ~ '~e Con: ~act Doc~en~ for ~e Project enfiffed: ~ ~ " ' - . - ..,, ' :"~" - ~LERP~ CITY OF DEL~Y BEA~ PRO~ NO, To: P~ch~ O~cer Ci~ of De~ay Bcac~ Flo~d~ 100 NW 1 ~ Avenue Delray Bosch, ~1o~ 33~4 - 1. ~e mder~i~ed Bidder pro.scs ~d a~e~, ~ ~ Bid i~ acc~te~ m ~mer ~to ~ A~eement M~ ~e CI~ ~ ~e fora ~cluded ~ ~e Con.ct Docmen~ to complete ~1 Work ~ ~pecified or ~cmed ~ ~e Contact Docmen~ for ~e Contact Price ~d ~n ~e Con~act T~e ~dicated ~ ~s Bid ~d ~ ~cor~ce ~ ~e Con~act Docments. 2. Bidder accepts ~1 of ~e ~m ~d condifio~ of ~e ~cfiom to Bidder~, ~clud~g M~om l~tion ~ose debug ~ ~e ~podfion of Bid S~c~. ~ Bid Mil for ~i~ (60) day~ ~er ~e ~7 of Bid op~ing. Bidd~ ~1 ~i~ ~d deliver open O~R'S Notice of Ten.five Awed. ~Bidder f~ to ~i~ ~ A~ent ~d deliver ~d o~er docmen~ ~ ~ time ~C~ ~e CI~ ~ ~e a~Ofi~ tO r~sc~d ~e bid awed ~d re~ ~e bid ~ec~ w~ch ~ ~ foffei~d ~ ~q~ted P-1 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: ~ a. Bidder has examined copies of all the Contract Documents and of the following Number Date Number Date .... ' ' .... · - receipt of all of Which is hereby acknowledged and also copies of the'Advertise- ment for Bids and the Ins~ctions to Bidder~; ~, b. Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, mate and local law~, ordinances, rules and regulations) -- and the conditions affecting cost, progress or performance of the Work and has :~,. made such independen{ investigations as Bidder deems neCessary. - I c. This Bid is genuine and not made in the interest of or on behalf of any undiso · closed person, finn or corporation and is not submitted in conformity with any agreement or rules of any group, association, organi2ation or corporation; Bidder i. has not directly or indirectly induced or ~olicited any other Bidder to submit a false or sham Bid; Bidder ha~ not solicited or induced any person, firm Or a c/~rpo- i ration to refi'ain fi.om bidding; and Bidder I~ not sought by collusion to obtain z for hirr~¢lf any advantage over any other Bidder or over the CITY; no City offi- cial nor any City ~mployee has a direct or indirect in~re-~'t, ed in ~aid bid, in the i ~upplies or work to which it relates, to any person associated with the firm per- forming the work, or to the profits re~alting fi.om the work. i [Remainder of this page left blank intentionally] 4. Bidder will complete the Work for the following prices: SCHEDULE OF BID PRICES Note: Bid items 1 through 6 are based on estimated measurements taken from sheet 1 of 2 of the plans included with this contract. ITEM EST. EXTENDED DESCRIPTION UNIT UNIT PRICE TOTAL NO. QTY. PRICE 1 Mobilization & Demobilization LS 1 $ - $ 17 ~800 UNIT PRICE (in words) Dollars Cents · 2 Site Clearing LS 1 $ - $ 53,000 ': UNIT PRICE (in words) Dollars Cents Fill Placement LS 1 $ - $ 21,8o0 uNIT PRICE (in words) Dollars Cents 4 Final Grading SY 18,000 $ .30 $ 5,400 UNIT PRICE (in words) No Dollars Thirty Cents P-3.1 ~ EXTENDED ITEM EST. · DESCRIPTION UNIT UNIT PRICE TOTAL NO. QTY. ~ PRICE ~ 5 Sod SY 18,000 $ 2.25 $ 40,500 ' UNIT PRICE (in words) ~ Two Dollars Twenty-Five : Cents 6 Video Allowance LS 1 $ 300.00 $ 300.00 UNIT PRICE (in words) Three Hundred Dollars No Cents 7 Indemnification LS 1 $ 10.00 $ 10.00 UNIT PRICE (in words) Ten Dollars No Cents Total Evaluated Bid $ 138,810 Items 1 Through 7 (in numbers) Total Evaluated Bid One Hundred Thtrty-E±ghl: Thousand Items I Through 7 (in words) Dollars Eight Hundred Ten and No Cents Cents · SEE PAGE 3.3 FOR ALTERNATE BID ITEMS ' P-3.2 ALTERNATE Note: Bid items 7 through 12 are based on estimated measurements taken from sheet 2 of 2 of the plans included with this contract. EXTENDED ITEM EST. DESCRIPTION UNIT UNIT PRICE TOTAL NO. QTY. PRICE 8 Mobilization & Demobilization LS 1 $ - $17, S00 UNIT PRICE (in words) Dollars Cents 9 Site Clearing LS 1 $ - $ 60,000 UNIT PRICE (in words) Dollars Cents Fill Placement LS 1 $ - $ 25,000 UNIT PRICE (in words) Dollars Cents Final Grading SY 21,800 $ .30 $ 6,540 UNIT PRICE (in words) No Dollars Thirty Cents · P-3.3 i EXTENDED ITEM EST. DESCRIPTION UNIT UNIT PRICE TOTAL ~ NO. QTY. PRICE ,. 12 Sod SY 21,800 $ 2.25 $ 49,050 , UNIT PRICE (in words) Two Dollars Twenty-Five Cents 13 Video Allowance LS 1 $ 300.00 $ 300.00 UNIT PRICE (in words) Three Hundred Dollars No Cents 14 Indemnification LS 1 $ 10.00 $ 10.00 LrI¥IT PRICE (in words) Ten Dollars No Cents Total Evaluated Bid for ALTERNATE $158,700.00 Items 8 Through 14 (in numbers) Total Evaluated Bid for ALTERNATE One Hundred Fifty-Eight Thousand Items 8 Through 14 (in words) Dollars Seven Hundred and No Cen:s Cents P-3.4 ' 5. Bidder agrees that the existing sod will be sprayed with the herbicide on August 7, 1998, construction will begin on August 17, 1991t, and Substantially Completed by October 1, 1998. Please note, the Contractor is resposible for a three week grow-in period as set forth in these specifications, and includoing this grow-in period Final Completion for the project shall be October 21, 1998. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 6. The undersigned agrees as follows: Accompanying this Proposal is a certified check, cashier's check or bid bond (5% of total Bid Price) meeting the requirements of the Contract Documents for $ 5:[ bid bond payable to the City of Delray Beach which is to be forfeited if, in the event that this Pro- :~.' posal is accepted, the undersigned shall fall to execute the contraCt and furnish satisfac- tory Contract Security and furnish insurance certificates under the conditions and within the time specified in the instructions to Bidders; otherwise, said certified check, cashier's check or bid bond is to be returned as provided herein. 7. Communications concerning this Bid shall be addressed to the Bidder as indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Constmc- · tion Contract included as pan of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted on April 28, 1998 a.) (If an individual, partnership, or non-incorporated organization) ' Signature of Bidder By Address of Bidder b.) (If a corporation) Signature of Bid " Corporate Seal By Paul S. Pefley~ Jr Address of Bidder 1951 10th AVenue North Lake Worth, FL 33461 Incorporated under the laws of the State of Florida P-4 c.) Certificate of Competency number CGCA17728 d.) The names of the corporate officers, or partners, or individuals doing business under trade name, is as follows: Paul S. Pefle~, Jr., President .. Signature of Bid~~kxk~f~',J Ik,V '~ · Paul S. Pefley,Vr. ~ By lqame President Title BusLnessAddress 1951 10th Avenue North Lake Worth, FL 33461 Incorporated under the laws of the State of Florida [Remainder of this page le~ blank intentionally] P-5 Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: June 10, 1998 __ Regular Agenda Special Agenda __ Workshop Agenda xxxx Consent Agenda When: June 16, 1998 Description of item (who, what, where, how much): CASE# ADDRESS CONTRACTOR TOTAL GRANT AMOUNT 98-005 HR 1407 SW 4 Street Frank Bouman $13,887.30 (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 Community Development Block Grant Program Housing Rehabilitation Grant Award and Contract Award from Account # 118-1963-554.49-19 in the amount of $13,887.30. Grant amount includes contingency. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items i~expenditure of funds): Fundingavailable.~f~O~¢)tt]~((ifapplicable) Funding Alternatives: . Account No. & Description: Account Balance: City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: Joe Safford, Finance Director FROM: Michael Simon, Interim Community Development Coordinator THRU: Lula Butler, Community Improvement Director DATE: June 10, 1998 SUBJECT: Consent Agenda Community Development Block Grant (CDBG) Rehabilitation of One Owner Occupied Unit Attached, please find Community Development's Housing Rehabilitation package, Bid No. 98-35 HR. This package is submitted for the Consent Agenda scheduled for June 16, 1998. This package is submitted to your office per Purchasing Policies and Procedures. MEMORANDUM TO: David Harden, City Manager FROM: Michael Simon, Interim Community Development Coordinator ~ THRU: Lula Butler, Community Improvement Director[~ DATE: June 10, 1998 SUBJECT: Community Development Block Grant Rehabilitation Grant Awards ITEM BEFORE THE COMMISSION This is to request approval for one Housing Rehabilitation Grant Award through the Community Development Block Grant program (CDBG). This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation as determined by the low bidder plus a 5% contingency. The contingency may be used for change orders and all unused funds remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation 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. The Contract Award and Bid Summary sheets are attached for your reference. RECOMMENDATION Staff recommends awarding the bid for one Housing Rehabilitation project to the verified low bidder and authorizes the Community Development Block Grant program be awarded in the following amount: Case Number Address Contractor Grant Amount 98-005 HR 1407 SW 4 Street Frank Bouman $13,887.30 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET - SHIP PROGRAM REHABILITATION BID #: 98-35 HR APPLICANT: Louise Jenkins APPLICATION #: 98-005 HR PROJECT ADDRESS: 1407 SW 4th Street DATE OF BID LETTERS: May 21~ 1998 DATE OF BID OPENING: June 4~ 1998 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ A. F. DOZER, INC. $ ALPHA SOUTH CONSTRUCTION $ BEST REAL ESTATE, INC.~EDWARD KAPLAN $ CRAFTSMAN PLUS, INC. $ 13,800.00 DAKOTA CONSTRUCTION, INC. $ 16~713.75 FIRST CHOICE CONTRACTORS $ HENRY HAYWOOD $ FRANK BOUMAN'S CONSTRUCTION $ 13~226.00 INTERCONTINENTAL CONST. CORP. $. RAY GRAEVE $~ SOUTH FLORIDA CONSTRUCTION $. TOMMY PRESTON $. IN-HOUSE ESTIMATE $ 12,516.00 CONTRACTOR AWARDED CONTRACT: Frank Bouman BID/CONTRACT AMOUNT: $13,226.00 COMMENTS: \white\wwdata\bidin fo .doc Agenda Item No.: o~/(~ ./7/ AGENDA REQUEST Request to be placed on: Date: June 10, 1998 __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxxx Consent Agenda When: June 16, 1998 Description of item (who, what, where, how much): CASE# ADDRESS CONTRACTOR TOTAL SHIP AWARD 95-015 SHR 934 SE 3rdAvenue Craftsman Plus, Inc. $19,724.25 (Example: Request from Atlantic High School for $2,000 to funds project graduation). ORDINANCE / RESOLUTION REQUIRED: YES/NO Dratt Attached: YES/NO Recommendation: Recommend approval of affordable rehabilitation grant award through the State Housing Initiatives Partnership program (SHIP) account 118-1924-554.49-19 in the amount of $19,724.25. (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: ~O(~ ta Funding Alternatives: .(if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: David Harden, City Manager FROM: Michael Simon, Interim Community Development Coordinator THRU: Lula Butler, Community Improvement Director DATE: June 10, 1998 SUBJECT: CONSENT AGENDA State Housing Initiatives Partnership Program (SHIP) Rehabilitation of One Owner Occupied Unit. ITEM BEFORE THE COMMISSION This is to request approval for one Housing Rehabilitation Grant Award through the State Housing Initiatives Partnership program (SHIP). This request is in accordance with the City's approved Housing Assistance Plan developed for the SHIP program between the City and the Florida Finance Corporation. BACKGROUND The grant award is based on the actual cost of the 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 awarding the bid for one Housing Rehabilitation project to the verified low bidder and authorizes the award of the appropriate grant through the SHIP program. One hundred percent (100%) of total funds will be charged to the SHIP account for the following: Case Number Address Contractor Grant Amount 95-015 SHR 934 SE 3rd Avenue Craftsman Plus, Inc. $19,724.25 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET - SHIP PROGRAM REHABILITATION BID #: 98-36 SHR APPLICANT: Charles Willingham APPLICATION #: 95-015 SHR PROJECT ADDRESS: 934 SE 3rd Avenue DATE OF BID LETTERS: May 21, 1998 DATE OF BID OPENING: June 4, 1998 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ A. F. DOZER, INC. $ ALPHA SOUTH CONSTRUCTION $ BEST REAL ESTATE, INC.kEDWARD KAPLAN $ CRAFTSMAN PLUS, INC. $ 18,785.00 DAKOTA CONSTRUCTION, INC. $ 25,202.75 FIRST CHOICE CONTRACTORS $ HENRY HAYWOOD $ FRANK BOUMAN'S CONSTRUCTION $. INTERCONTINENTAL CONST. CORP. $. RAY GRAEVE $. SOUTH FLORIDA CONSTRUCTION $. TOMMY PRESTON $. IN-HOUSE ESTIMATE $ 15,194.00 CONTRACTOR AWARDED CONTRACT: Craftsman Plus, Inc. BID/CONTRACT AMOUNT: $18,785.00 COMMENTS: \whitc\wwdata\bidin fo .doc Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: June 11, 1998 _XX_Consent Agenda Special Agenda Workshop Agenda When: June 16, 1998 Description of agenda item (who, what, where, how much): Purchase Award - for computer software and licenses from Wareforce, Inc., for a total cost of $24,500.00 via Florida State Contract #252-001-97-1. ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Wareforce,Inc. for software and licenses via Florida State Contract #252-001-97-1 for a total cost of $24,500.00. Funding from account code #001-2113-521-51.25. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Funding alternatives: (if applicable)~., Account No. & Description:F)C~-21 Account Balance: ~ City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: K. Butler, Buyer THROUGH: Joseph Saf~faance Director DATE: June 10, 1998 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 16, 1998 - PURCHASE AWARD - TO WAREFORCE, INC. FOR COMPUTER SOFTWARE AND LICENSES ~ POLICE DEPARTMENT Item Before Commission: The City Commission is requested to approve the purchase of the above referenced subject to Wareforce, Inc. for a total cost of $24,500.00. Backeround: The Police Department is requesting the purchase of the computer software and licenses to be used with their laptop computers and to insure adequate licensing. (Please see attached memo) Funding for this equipment is budgeted in the Police Department FY 1998 budget, account code #001-2113-521-51.25. The software and licenses are available for purchase utilizing the State of Florida Contract #252- 001-97-1. Recommendation: The Purchasing Staff concurs with the recommendation to purchase this equipment from Wareforce, Inc., at a total cost of $24,500.00. Attachments Memo From Police Dept., Dated 6/4/98 Pricing via State of Florida Contract #252-001-97-1 cc: Tina Lunsford, Support Services Division Jacklyn Rooney, Purchasing Supervisor agenda.doc DELRAY BEACH Delray Beach Police Department (407) 243-7888 Fax (407) 243-7816 1993 Memorandum To: Buyer Kathy Butler Purchasing Department From: Asst. Director Tina L. Lunsford Support Services Division Date: June 4, 1998 Subject: WAREFORCE REQUISITION//62530 In the 1998 budget 70 licenses for Microsoft Office for laptops was approved for $24,500.00. Since that time the price of the software has reduced considerably. The above requisition includes 106 licenses for Microsoft Office 97. As indicated in the budget request when the laptops were purchased fi'om the Grants they did not include Microsoft Office and these licenses are needed to insure adequate licensing. The software is on State Contract #252-001-97-1 from Wareforce. Please forward this information on for approval. Your assistance will be appreciated. 252-001-97-1 = Computer Software: Microsoft Page 1 of I Microsoft Licenses & Maintenance 252-001-97-1 Effective.- 4/1/97 through 3/~1/99 Ce~ificafion Special Conditions Price Sheet Orderin~ Instructions Revisions Complete Contract St~eC0ntractsM~nlndex Contractors: Ordering Information Vendor URL Wareforce, Inc. http://www.wareforce.com ~~ INDEX I One-Stop Purchasing I Password I Account Status I HEL___~_P J Please send comments or questions to Division of Purchasing Thursday, June 11, 1998 2:14 PM [~ontract Number] -- Vendor Information Page 1 of 1 Microsoft Licenses & Maintenance 252-001-97-1 Price Sheets State Contracts Main Index Microsoft Government Microsoft Education Thursday, June 11, 1998 2:17 PM ¢ © 0 0 01 0 © ©: 0 © 0 0 ~- 0 © 0 o 0 o o 0 o o o o 0 0 o o o o ~ o ~ ~ o ~ > o o ~ ~ > ~ ~ ~ m ~ o o ~ ~ ~ o ~ [lTV (IF I)ELRI:I¥ BEI:IgH DE/£^¥ KE^£H  100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 Ail-America City TO: David T. Harden 1 993 City Manager FROM: ~ Robert A. Barcinski Assistant City Manager DATE: June 12, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 16, 1998 APPROVAL - LAKEVlEW GOLF COURSE BID AWARD, CART PATHS, FUNDING ACTION City Commission is requested to approve a bid award in the amount of $503,700 to David Brooks Enterprises, Inc. The Iow bidder for the construction of the Lakeview Golf Course Clubhouse; to authorize the replacement and repair of golf cart paths, and to authorize funding. BACKGROUND Bids were received from eleven (11) bidders for the construction of the Lakeview Golf Course Clubhouse on May 19, 1998. The scope of work to be performed under the base bid includes demolition of the old clubhouse and cart storage facility, construction of a new cart storage area and a new clubhouse with approximately 2500 SF over the existing basement foundation which includes a pro shop, snack bar, and seating area for approximately 100 people. The base bid also includes site work, landscaping and paving. Alternate A includes the construction of 20 additional parking spaces and Alternate B includes parking lot lighting. David Brooks Enterprise, Inc. was the Iow responsive bidder. All references checked were positive. The architects estimate for this project, including both alternates, was $530,268. In addition to approval of the bid award for the clubhouse, staff is requesting approval to proceed with the replacement of cart paths on the course and funding for this project. We estimate that the cost to replace the cart paths will be about $50,000. The existing cart paths are in poor condition, i.e. cracked, raised areas, tree root buckling, and the edges are crumbling in many locations. THE EFFORT ALWAYS MATTERS ~'4 ' Agendaltem Approval-Lakeview GolfCoume Bid AwaY, CaR Paths, Funding Page#2 June 12,1998 We feel that the most opportune time to replace the cart paths would be this Summer while the course is closed. The estimated project costs are as follows: · Clubhouse construction contract $503 700 · Tee renovation (~) $ 7 500 · Furniture/fixtures/equipment (2) $ 20 000 · Temporary facilities/storage $ 15 000 · Other engineering $ 2 300 · Cart paths $ 50000 · Contingency $ 26 500 $625 000 (~) Greens renovations were previously contracted out at $34,500 (2) The base bid does not include tables, chairs, kitchen equipment, etc. We estimate that a total of approximately $288,000 from previously issued bond funds is available for this project. In addition, staff is recommending that we borrow another $350,000 to complete these projects. Staff feels that course revenues could support a 10 year pay back at a rate of approximately 4.85%. We would include a no penalty clause in the terms of the borrowing. The net increase in debt service would be approximately $41,000. I am projecting that the course could support this additional debt service and still maintain an annual reserve of approximately $30,000. RECOMMENDATION Staff recommends the award of the base bid and Alternates A and B to David Brooks Enterprise, Inc. the Iow bidder in the amount of $503,700, authorization to proceed with cart path replacement and repair, and authorization to borrow up to $350,000 for no more than 15 years to complete all improvement projects as listed above. Formal authorization for financing this project will be submitted as a separate action. RAB/tas File: u : sweene y/agenda Doc:O61298a.doc Agenda Item No.~ AGENDA REQUEST Date: June 9. 1998 Request to be placed on: X Regular Agenda ~ Special Agenda ~Workshop Agenda When: June 16. 1998 Description of item (who, what, where, how much): Staff request the City Commission approve a construction contract with David Brooks Enterprises, Inc., the lowest responsive bidder, in the amount of $503,700.00 for the construction of the new Lakeview Golfcourse Clubhouse. Funding is available from the Lakeview Golf Course account No. 446-4761-572-62.10. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve the construction contract with David Brooks Enterprises, Inc., i, p3the amo),m{~ of $503,700.00 for construction of the Lakeview Golf Course Clubhouse project !~ ~/~ /~~, Department head signature: ' ' ///7 ) ~ ~//~ ~'~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable):. Budget Director Review (re/qu~d on all items involving expenditure of funds): Funding available(LYES/~O ___ Funding altern ative'S'-t'if~applica ble): Account No. & Description 446-4761-572-62.10 Lakeview Golf Course. Buildin(~s Account Balance,~,,l~'l'.~q.~.~,5 t5 o-~,o-/,b,h;zl' q~ '-~,~--"4:;~~ ~~ City Manager Review: ,~~/~ ~ ° ' ~,,~Y',,,~,~, r_~. ~Z~ '~')~. (2. Approved for agenda: ~E,,~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...\9565\agreq616 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Victor Majtenyi~'/x~/~//' Assistant Construction Manager Date: June 9, 1998 Subject: AGENDA REQUEST for 6/16/98 Lakeview Golf Course Clubhouse Project No. 95-065 Attached is an Agenda Request for City Commission approval of award of contract to David Brooks Enterprises, Inc. for the construction of the Lakeview Golf Course Clubhouse. The project consists of demolishing the existing building and constructing a new one over the existing foundation. The adjoining cart storage barn will also be demolished and replaced with a new aluminum structure. On Tuesday, May 19, 1998, the City opened bids for this project, with the lowest responsive bidder being David Brooks Enterprises, Inc. A check of the contractor's references proved favorable. A copy of the bid tabulation is attached. Therefore, staff recommends the City Commission approve an award of construction contract in the amount of $503,700.00 to David Brooks Enterprises, Inc. Funding is available from 446-4761-572-62.10. cc: Bob Barcinski Brahm Dubin Dick Hasko File 95-065 (A) s\...\9565~agrnem616 ~:'~ © ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM RECEIVED HAY 2 8 1998 To: Robert A. Barcinski Assistant City Manager ~ ~ ASSISTA?.i F CITY MANAGER From: Victor Majtenyi ~'"~ Assistant Construction Manager Date: May 27, 1998 Subject: Lakeview Golfcourse Clubhouse bid results Project 95-065 Attached is a tabulation of the Lakeview Clubhouse project that bid last Tuesday, May 19, 1998. David Brooks Enterprises, Inc., of West Palm Beach was the lowest responsive bidder for this project. Several references have been called to verify the company's work history and performance, with each giving David Brooks Enterprises, Inc. nothing but a high score. The architects estimate for this project, including Alternates "A" and "B", was $530,268.00, which is $26,568 over the Iow bid of $503,700.00. The alternate bid items for the additional parking lot and for the lighting of the main parking area also seem to be reasonable. The breakdown is as follows: Pro!ect Estimate Low Bid Base Bid $489,121 $479,700 Alternate "A" (additional parking lot) $29,147 $13,000 Alternate "B" (site lighting) $12,000 $11,000 Total Bid $530,268 $503,700 Staff recommends the award of the entire bid package. The City would receive value from awarding both alternate items with the base bid verses doing the work separately. Attached is a "Notice of Tentative Award" for the City ManageCs signature should you find this recommendation acceptable. CC; Dick Hasko, Director of Environmental Services Brahm Dubin, President of Dubim& Associates Becky O'Connor, Treasurer R. Howard Wight, Deputy Director of Construction File 95-065(A) s\...\95065\letters\bbmemo City of Delray Beach Budget Transfer Form (I) DepartmentalLine Transfer (2) Date June 10, 1995 (3) Interfund/Interdepartmental Transfer (4) Batch Number O'Connor ($) Requested By: PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 95065 446 4761 572 62 10 Lakeview-Bldgs. $350,000 446 0000 384 45 O0 Utility Tax Proceeds $350,000 (10) TOTAL $350,000 $350,000 JUSTIFICATION: To record proposed Utility Tax Note to be issued for the purpose of financing the Lakeview Golf Course Clubhouse project. Depa.ment I-Iead ~ ~/1 ~'~/~;~ Asst City Manager t Finance Director City Manager~ (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT [IT¥ OF I]ELRI:i¥ BEI:I£H DELRAY BEACH 1993 FROM: {,~Robert A. Barcinski ~ Assistant City Manager DATE: June 9, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 16. 1998 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE ACTION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for July 2, 1998 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR Section 2.4.6 (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic to N.E. 1st Street, and N.E. 2nd Avenue from Atlantic to just north of the entrance to Palm Beach Photographic; to provide staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, and use and set up of City stages. BACKGROUND Attached is a request for City assistance for this event from Marjorie Ferrer. The estimated overtime cost for this event is $8,000. City Commission capped the amount the City would pay for overtime at $7,500 for the May event. Actual overtime costs were $6,738. Reduction in the event hours helped reduce costs. However, the July event has. always drawn more people. We anticipate the cost to be higher than the May event. A copy of the certificate of insurance is attached. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, use of stages and City barricades, and setting an upper limit of $7,500 for overtime costs with any difference to be paid by the Joint Venture. RAB/tas ~ File:u:sweeney/agenda ~ ~ Doc:O60998a. doc J --- (~ ~o~.~,.~o~ THE EFFORT ALWAYS MATTERS ~' atlantic May 29, 1998 Mr. Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: AGENDA ITEM FOR CITY COMMISSION MEETING SPECIAL EVENT REQUEST - ART & JAZZ ON THE AVENUE Dear Mr. Barcinski: City Commission is requested to endorse the Art and Jazz on the Avenue event scheduled for July 2, 1998 and to grant a temporary use permit per LDR's section 2.4.6(H) for use of City property and right of way. We are requesting street closure from Swinton Avenue to 7th Avenue, the south side of Atlantic Avenue from 7th to just past the Blue Anchor Pub, N.E. 2nd Avenue from Atlantic Avenue to the entrance to Ocean City Lumber Complex, and Railroad Way from Atlantic Avenue to N.E. 1st Street from the hours of 6:00 p.m. to 11:00 p.m. We are requesting that the City provide staff support for barricade setup and removal, trash removal and clean up, police security and traffic control, stage use, set up and removal, and banners and signage set up and removal. The City support of this event is very crucial to our success. Art & Jazz on the Avenue has become a very successful marketing tool that promotes the City. Many come to our City for the first time, shop in our stores and return many times after the event to spend money in our shops and invest in our City. Your consideration of this request with no charge to the Joint Venture is very much appreciated. Sincerely, MARJORIE FERRER Downtown Coordinator /sk DELRAY BEACH JOINT VENTURE * Community Redevelopment Agency * Delray Beach Chamber of Commerence · Downtown Development Authority 64 S.E. Fifth Avenue, Delray Beach, FL 33483 · Tel: 561-278-0424 · Fax: 561-278-0555 05/01/98 15:$9 FiX 15~1~?g5244 FLA__S_TRID~..E. ....... ~001/oui ~LY AND ~S NO ~GH~ O~ THE ~TI~CAT~ · ~e PZa~ge A~O~, Z~c. H~R. TH~S ~TI~TE D~ NOT AMID, E~D OR O. D~ve= 730 ALTER THE ~GE ~F~D~ BY THE P~ ~OW, Delg~ ~eac~ ~ 33~47 COMP~E8 A~D~G CO--GE cOMPANY 64 S,~. 5th ~v~nue D~2~a~ ~aAch FL 3344~ D ~i5 l$ ~ ~RTI~ ~AT ~E ~ICIE~ OF IN~UR&N~ U~TEO ~LOW HAV~ ~N 1SSUED TO ~E ~SUR~ NAMED A~OVE FOR THE ~ICY ~RIOD INDICATED, NO~I~STANDING A~ RE~UtRE~NT. ~ERM OR CONDITION OF ANY CON--CT OR EXCLUSIONS ~NO ~ND~iON8 OF SUCH ~ICIES, [IMI~ $HO~ ~Y HA~ ~EN owen's ~ co~o~'s ~7 ~c, occu~c[ ~ ZOO0000 A~ AUTO ~L O~EO AUTOS ~HgDUL~ A~08 NON~ AUTOS ~w ~1 EACH CITY I)F DELRI:IY BER[H DELRAY BEACH  100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 All-AmericaCity ~~O~DUM City Manager 1993 FROM: ~l~obert A. Barcinski '~' Assistant City Manager DATE: June 9,1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING [LINE 16~ 1998 SPECIAL EVENT REOU[ST - SUMMER NIGHTS ON THE AVENUE ACTION: City Commission is requested to endorse the Summer Nights on the Avenue program, to grant a temporary use permit per LDR's Section 2.4.6 (H) for use of City property and right of way, and to provide City staff support for barricade set up and removal, trash removal and clean up, police security and traffic control, stage use, set up, and removal, and banner and signage set up and removal. BACKGROUND: Attached is a summary of the dates and locations for the Summer Nights on the Avenue events. This is the fourth year that these events are being proposed by the Joint Venture. The purpose of these events is to bring activity to the Avenue during the Summer months and to bring in additional customers for our businesses. In past years City Commission has agreed to fund overtime costs up to $5,000.00. Staff support needed to staff the events and estimated costs are as follows: Police Department Security and traffic control. Overtime 120 hours Estimated Cost $3,840.00 Parks and Recreation Trash removal and' clean up and stage set up and removal. Regular time 8 hours Estimate cost $ 125.00 Overtime 96 hours Estimate cost $1700.00 Stage Rental Cost $1600.00 Total $3425.00 THE EFFORT ALWAYS MATTERS Public Works Department Barricade set up, removal electric set up, street sweeping and banner set up and removal. Regular time 50 hours Estimate cost $ 750.00 Overtime 120 hours Estimate cost $2400.00 Barricade Rental Estimate cost $ 400.00 Total $3550.00 Estimated total cost for overtime $ 8,260 Estimated total cost for the event $11,135 We'have copies of insurance certificates for each date. RECOMMENDATION: Staff recommends approval of the event, granting the temporary use permit, and providing staff support with payment to the City for overtime costs exceeding $5,000.00. RAB:tas Fi le .~ :sweeney/a gen da Doc:O60998b.doc atlantic May 29, 1998 Mr. Robert A. Barcinski, Assistant City Manger City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Agenda Item - City Commission Approval Special Event Request - Summer Nights On The Avenue Dear Mr. Barcinski: The City Commission is requested to endorse the Summer Nights on the Avenue program, to grant a temporary use permit per LDR's Section 2.4.6(H) for use of City property and dght of way, and to provide City staff support for barricade setup and removal, trash removal and clean up, police secudty and traffic control, staff use, and setup and removal, and banner and signage setup and removal. Attached are the dates and locations for the Summer Nights on the Avenue events. This is the fourth year that these events are being proposed by the Joint Venture. The purpose of these events is to bring activity to the Avenue during the Summer months and to bring in additional customers for our businesses. In past years City Commission has agreed to fund overtime costs up to $5,000. Your consideration of the above request is very much appreciated. Sincerely, MARJORIE FERRER Downtown Coordinator /sk DELRAY BEACH JOINT VENTURE ° Community Redevelopment Agency * Delray Beach Chamber of Commerence * Downtown Development Authority 64 S.E. Fifth Avenue, Delray Beach, FL 33483 * Tel: 561-278-0424 * Fax: 561-278-0555 ave Summer Nights on the Avenue Schedule for 1998 July 10 Street Party, 300, 400, 500 blocks - Atlantic Avenue, downtown (street closed) Theme: "' 60s & '70s" 7pm- 11 pm July 17 Street Party 600, 700, 800 blocks - Atlantic Avenue, downtown (street closed) Theme: "Carnival" 7pm- 1 Opm July 24 Block Party Ocean City Lumber Co., Pineapple Grove - N.E.2nd Ave. Theme: Country Western 7pm- 1 Opm August v m,-.,.t- Pa, ty ^*'~':- ~' ................... '-- ~ .............. ,.,,., ,_ ,,,,_.,,. - .,.-,.,.,~.,,,,,., ,-._,,,..,...,~. ,:,, ,..~ .,,,.,,,.,.,astal 7pm- 1 Opm-- ~/~ T-henic. "Tropical" lah'F-~ o O ~/ ~.1 August 14 Street Party Beachside - East Atlantic Avenue (street closed) Theme: "'50s" 7pm-10pm August 21 Concert in Veteran's Park - Atlantic Avenue at the Intracoastal August 27 Street Party 100 & 200 blocks - Atlantic Avenue, downtown (street closed) Theme: "Italian" 7pm- 1 lpm September 3 Street Party South Ocean Blvd. - at Atlantic Avenue (street closed) Theme: "Beach Party" 7pm-1 lpm DELR,\¥ BEAClt JOINT VENTURE * Community Redevelopment Agency · Dclray Beach Chamber of Commcrencc · Downtown Development Authority 64 S.E Fifth Avenue, Dclray Beach, FL 33483 · Tel: 561-278-0424 · Fax: 561-278-0555 [ITY JIF I]ELIII:IY BEI:I[H DELRAY B£ACH  I 1 AVENUE · DELRAY FLORIDA 33444 · 243-7000 00 N.W, st BEACH, (561) Ail-America City TO: David T. Harden 993 City Manager FROM: ~obert A. Barcinski Assistant City Manager DATE: June 10, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 16, 1998 APPROVAL - TEMPORARY USE PERMIT ACTION City Commission is requested to approve per LDR Section 2.4.6 (H) a temporary use permit from the Joint Venture to allow Sprint, a sponsor of the 4th of July Fireworks, to place a VIP tent in the grass area at Anchor Park and to use the City Hall lot for parking on the Fourth of July. BACKGROUND Attached is a request letter from Marjorie Ferrer. Staff has reviewed this request and has no objections. We anticipate minimum costs to barricade and sign the City Hall lot for reserved parking. The only requirement would be that Paragon Events would need to get a tent permit, and verify the tent location with the Parks and Recreation Department. RECOMMENDATION Staff recommends approval of the temporary use permit for the use of Anchor Park grass area for a tent and the use of City Hall parking lots with tent permit and location requirements specified above. RAB/tas File: u : sweene y/agenda Doc: O6109 8a. doc THE EFFORT ALWAYS MATTERS Printed on Recycled Paper atlantic RECEIVED ~~~ JUH I 1 1998 ASSISTANT CITY MANAGER ,june 9, 1998 Mr. Robert Barcinski, Assistant City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Barcinski: I have secured Sprint as a potential $ 10,000. sponsor for the city's ,July 4th Fireworks Celebration. As a part of their sponsorship, they would like to host a VIP reception in a location away from the A1A - Atlantic Avenue intersection. In order to accommodate the number of guests that would be invited to Delray Beach for this event ( 200 ), they are requesting to utilize the grassy area in front of the Life Guard Station in Anchor Park for a tented reception. I have spoken to Parks and Recreation regarding a 20' x 30' tent being utilized for this event. In addition, Paragon Events would like to reserve parking in the City Hall parking lot for their Sprint guests, who can then be transported by trolley to the reception. Paragon Events has been retained to facilitate this reception, and any City costs incurred would be paid for by Paragon Events Please !et me know as soon ~s possible ff this request can be accommodated, as the printing deadlines for inclusion of the sponsor logo on printed materials is imminent. Thank you in advance for considering this request, as you are aware, the fireworks expense grows each year, and each sponsor is welcome ! Sincerely, Marjorie Ferret, Downtown Coordinator Delray Beach ,Joint Venture DELRAY BEACH JOINT VENTURE ° Community Redevelopment Agency * Delray Beach Chamber of Commerence * Downtown Development Authority 64 S.E. Fifth Avenue, Delray Beach, FL 33483 · Tel: 561-278-0424 · Fax: 561-278-0555 CITY I)F DELRRY BEACH DELRAY BEACH  100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 AII-AmedcaCity TO: David T. Harden 1993 City Manager FROM: ~1~. obert A. Barcinski Assistant City Manager DATE: June 11, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 16, 1998 CONSIDER APPROVAL - TEMPORARY USE PERMIT FRIENDS SANDOWAY HOUSE ACTION City Commission is requested to consider approval per LDR's Section 2.4.6 (H) of a temporary use permit for the Sandoway Parking lot by the Friends of the Sandoway House. They are proposing to use this lot as a fund-raiser on the Fourth of July. BACKGROUND Attached is a letter from the Friends of Sandoway House requesting permission to utilize the Sandoway Parking lot on the Fourth of July as a fund-raiser by charging $5.00 per car to park in this lot for the day. The hours of use would be from 8:00 a.m. to 6:00 p.m. There are approximately 136 meters in this lot. At a $5.00 charge per car they could raise $680 plus depending on turn over. If Commission agreed to this request, we would require liability insurance and a hold harmless agreement. The insurance for the day would cost approximately $200. Our meter revenue loss for the day, assuming all spaces were filled, would be approximately $1,000. City Commission has not approved this type of request in the past. Staff has concerns about revenue loss, tying up the lot all day, the precedent this may set, and the public purpose. Options to this request include: · designating parking meter revenue collected this day in the Sandoway lot to be given to the Friends of Sandoway House. · or giving a cash donation to the Friends of the Sandoway House. They are seeking funds to help offset operating costs. THE EFFORT ALWAYS MATTERS Agendaltem Tempom~ Use Permit Friends of Sandoway House Page #2 June 11,1998 RECOMMENDATION Staff recommends denial of the request and consideration of one of the options listed in an amount not to exceed $1,000. Funds are available in the City Manager's contingency account. RAB/tas File : u : swee ne y/agenda Doc:O61198a,doc FROM : SANDOWAY PHONE NO. : 561 368 3639 Jun. 12 1998 10:27AM Friends ~d~ JUN ; 2 {998 ASSISTANT ~~ CITY MANAGER ~ne G Davies me 12, 1998 Ir. Bob Barci~i ~ fi. W~, ~. iW of Delray Beach e~y ~eh, Florida 33444 ~n~ C. ~n~ ' ~Y Mr, Barcinski: ~;O~ , ' ~e Frie~.bf S~way House Nature Center were wondering about ~c possibili~ of s~g ~c Sandoway p~k~g lot ~ a fund-raising source on July 4, 1998. ~e Ci~ has ~: ~ J~ CCh a ~cm~dous help to us getting Sandoway House Nature Center up ~d ~ing. ~ J. ~ Iow we need to kc~ ~t ~a~ way by building up our ope~ting ~nds. ~,~~~ [ it is poss~Ic to do 9o, wc would like to lmve the park~g concession for thc ~y, ~ H. ~~k lmrge $5.~ ~r car for all day p~king for the 4~ of luly ~estivitics on ~c ~ach from . . :~ a.m. to 6:00 p.m. all ncccssary instance pr~f~ per Bob B~cinski's ins~cuons ~. C, ~nn~' n 6/9/98 will be ~mished to thc ci~. Would you please present this idea to thc Ci~ ~ H.~ ~n ~o~issioners at your next meeting and let us ~ow if~ is possible. ~ank you for Cazolyu H.R. Pa~on wla~ S. Wels~, Emq. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY Mg~AGER SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF JUNE 16, 1998 CRA APPLICATION TO BEAUTIFUL PALM BEACHES, INC. - BEAUTIFICATION FOR WEST ATLANTIC AVENUE DATE: JUNE 12, 1998 Attached is a request from the Community Redevelopment Agency for Commission support of the CRA's application to Beautiful Palm Beaches, Inc. for funding of beautification activities on West Atlantic Avenue (from 6th Avenue west to 10th Avenue). The grant application is being prepared by the CRA and will be submitted by July 17, 1998. The CRA is asking the City to submit a letter endorsing the project, and another providing assurances that the City will provide the maintenance for the project plantings. In addition, if the grant is awarded, Beautiful Palm Beaches will require the grant contract to be signed by the City. Shelley Treadwell will be present at the meeting to discuss the proposed project in greater detail. Recommend approval of the CRA's request for the City's participation and assistance with the CRA grant application to Beautiful Palm Beaches. ref:agmemol3 SUBJ: [IT¥ DF [IELRI:I¥ BER[H DELRAY BEACH  1~ N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33~4 · 407/243-7000 ~.~c~ c~ 1993 Ms. Malissa Booth Executive Director Beautiful Palm Beaches, Inc. 1920 Palm Beach Lakes Boulevard Suite 210 West Palm Beach, FL 33409 Re: Beautiful Palm .Beaches, Inc. Grant Funding Application from Delray Beach Community Redevelopment AGency Dear Ms. Booth: On behalf of the City of Delray Beach, I am writing to extend our support for the Delray Beach Community Redevelopment Agency's ("CRA") application for funding through Beautiful Palm Beaches, Inc. The CRA has been an important partner in the redevelopment of East Atlantic Avenue here in Delray Beach and will carry that success over to the redevelopment and beautification of the West Atlantic Avenue corridor, an important state roadway. The Community Redevelopment Agency's funding application for trees and irrigation will enhance the identified blocks and create an improved visual impact for both visitors and residents alike. West Atlantic Avenue is the true "gateway" to our community and beautification will be .a catalyst for our redevelopment efforts. Again, please know that we are supportive of the Community Redevelopment Agency's efforts to achieve outside funding for this project and have already committed to its maintenance. In addition, the City of Delray Beach will sign the grant agreement in the event the project is approved. Thank you for your consideration in this matter. Sincerely, David T. Harden City Manager DTH/amh cc: Community Redevelopment Agency THE EFFORT ALWAYS MATTERS Printed on Recyc/e(1 Paper [ITY DF DELFIFI¥ BEFI[H DELRAY BEACH  100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 1993 July 6, 19~8 Ms. Malissa Booth Executive Director Beautiful Palm Beaches, Inc. 1920 Palm Beach Lakes Boulevard Suite 210 West Palm Beach, FL 33409 Re: Beautiful Palm Beaches, Inc. Grant Fundinq Application from Delra¥ Beach Community Redevelopment Aqency Dear Ms. Booth: The purpose of this letter is to certify that the City of Delray Beach will provide the maintenance for the Beautiful Palm Beaches project submitted by the Delray Beach Community Redevelopment Agency. This project provides for the enhancement of the project area on West Atlantic Avenue with tree beautification and irrigation improvements. By formal action of the City Commission on June 16, 1998, the City of Delray Beach agrees to maintain the plantings in perpetuity. Thank you for your consideration in this matter. Sincerely, David T. Harden City Manager DTH/amh cc: Community Redevelopment Agency THE EFFORT ALWAYS IV~ATTERS Printed on Recycled Paper Community Redevelopment Agency Delray Beach MEMORANDUM DATE: June 10, 1998 TO: David T. Harden, City Manager City of Delray Beach FROM: Shelley Treadwell, Economic Development Manager Delray Beach Community Redevelopment Agency RE: Request for items related to application to Beautiful Palm Beaches, Inc. Request for inclusion on City Commission Agendas for June 16 and July 7, 1998. The Delray Beach Community Redevelopment Agency will be submitting an application to Beautiful Palm Beaches, Inc. ("BPB") for funding of beautification activities for West Atlantic Avenue on July 17, 1998 (the deadline is eadier this year). Specifically, the application requests funding of landscaping (trees and groundcover) and irrigation for West Atlantic Avenue Blocks 600 through 1000 (NW/SW 6th Avenue to NW/SW10th Avenue). CRA staff has met with DSMG and City staff to make them aware of the proposed project concept and have incorporated their recommendations into the plan wherever possible. The CRA can apply for funding from Beautiful Palm Beaches, Inc. for 50% of the total cost of the project. The CRA will be providing their match out of its budget (to be approved by the CRA Board in late June or early July). The CRA was funded for $33,900 (total project cost $67,800) last year and will start improvements from the '97 grant in the early fall. The City of Delray Beach has successfully applied to Beautiful Palm Beaches on several occasions for funding of projects such as the Atlantic Avenue Gateway Parks and West Atlantic Avenue (between the CSX Railroad and Military Trail) projects. The City is not applying for any "BPB" funding this year. 24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558 The CRA is asking the City of Delray Beach to: Submit a letter endorsing the project, and another providing assurances that the City will provide the maintenance for the project plantings as they did with respect to the CRA's recent application for ISTEA funding and for last year's successful Beautiful Palm Beaches Grant Application. In addition, if awarded, Beautiful Palm Beaches will require that the Grant Contract be signed by a local government; specifically the City of Delray Beach. Mr. Harden, I'd like to come to the 6/16 meeting and discuss the program and proposed project in general. On 7/7, I will have budget information and more specific information for the Commission. I have attached sample maintenance and support letters for your use. I look forward to seeing you and the Commission. Thanks for your assistance. Attachments July 17, 1998 Malissa Booth, Executive Director Beautiful Palm Beaches, Inc. 1920 Palm Beach Lakes Blvd., Ste. 210 West Palm Beach, Florida 33409 Dear Ms. Booth: On behalf of the City of Delray Beach, I am writing to extend our support for the Delray Beach Community Redevelopment Agency's ("CRA") application for funding through Beautiful Palm Beaches, Inc. The CRA has been an important partner in the redevelopment of East Atlantic Avenue and will carry that success over to the redevelopment and beautification of the West Atlantic Corridor, an important state roadway. The CRA's application for trees and irrigation will enhance the identified blocks and create an improved visual impact for both visitors and residents alike. West Atlantic Avenue is the true "Gateway" to our community and beautification will be a catalyst for our redevelopment efforts. Again, please know that we are supportive of the CRA's efforts to achieve outside funding for this project and have already commited to its maintenance. In addition, we are willing to sign the grant agreement in the event that the project is approved. Thank you for your assistance in this matter. Sincerely, David T. Harden City Manager July 17, 1998 Malissa Booth, Executive Director Beautiful Palm Beaches, Inc. 1920 Palm Beach Lakes Blvd., Ste. 210 West Palm Beach, Florida 33409 Dear Ms. Booth: The purpose of this letter is to certify that the City of Delray Beach will provide the maintenance of the Beautiful Palm Beaches project submitted by the Delray Beach Community Redevelopment Agency. This project provides for the enhancement of the project area on West Atlantic with tree beautification and irrigation improvements. The City has agreed to maintain the plantings in perpetuity. Thank you for your assistance in this matter. Sincerely, David T. Harden City Manager MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY M_h2XlAGER SUBJECT: AGENDA ITEM # ~' - REGULAR MEETING OF JUNE 16, 1998 CONTRACT ADDITION (C.O. #5)/MOLLOY BROTHERS, INC. (BERMUDA GARDENS DRIVE) DATE: JUNE 12, 1998 This is before the Commission to consider approval of a contract addition (C.O. #5) in the amount of $47,700.00 with Molloy Brothers, Inc. under the S.E. 4th Avenue Roadway Improvements contract. The scope of the additional work includes installation of a new water main and gravity sanitary sewer, along with completion of the road reconstruction for Bermuda Gardens Drive. The project had been delayed due to problems with obtaining the necessary easements. The easements have now been secured and accepted, with construction to be expedited through the contract addition since septic tanks at houses along Bermuda Gardens Drive are failing. Funding for the project will be from 441-5161-536-63.72 (Water and Sewer Capital Outlay/Bermuda Gardens Drive). Recommend approval of the contract addition (C.O. #5) with Molloy Brothers, Inc. for Bermuda Gardens Drive. ref:agmemol7 Agenda Item No.: AGENDA REQUEST Date: June 12, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: June 16,1998 Description of item (who, what, where, how much): Staff requests City Commission to approve a Contract Addition (C.O.#5) to Molloy Brothers, Inc. for the SE 4th Ave Roadway Improvements - (96-12). C.O. #5 encompasses the installation of water distribution and sanitary sewer (materials furnished by City); and compete road reconstruction for Bermuda Gardens Dr. (PN 97-04) Total costs for C.O. #5 is $47,700.00. Funding Source is 441-5161-536-63.72 (Bermuda Gardens Water and Sewer) ORDINANCE/RESOLUTION REQUIRED: YES'DRAFT ATTACHED YES/~ Recommmndation: Staff Recommends appr/~o/ Change Order #5 Department Head Signature, /// / t~' - ! / Determination of Consistency with Comprehensive Plan: City Attorney Review/Recon~endation (if applicable): Budget Director Review (required on all items involving expend/ture of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description,S/ Account Bal ance..~.~6~% City Manager Review: ApprovedHold Until: for age,da: Agenda Coor~nator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen9612.doc Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Director of Constru~~ Date: June 12, 1998 Re: S E 4th Ave Roadway Improvements (Project 96-12) Contract Addition - Installation of Water / Sanitary Sewer at Bermuda Gardens (PN 97-04) Attached for Commission approval is an agenda request for a Contract Addition (C.O. #5) to Molloy Brothers, Inc. on the above referenced Project. The scope of work includes installation of a new water main and gravity sanitary sewer; and complete reconstruction of pavement at Bermuda Gardens (Project No. 97-04). Water and sewer materials for this project have already been purchased by the City and will be furnished to Molloy. This project has been delayed due to problems obtaining easements. The easements now have been secured. Septic tanks at houses along Bermuda Gardens Dr are failing and construction will be expedited by the award of this Contract Addition to give these residents relief. Installation costs negotiated with Molloy are representative of the work and when added with the material costs are below the Engineers estimate. Total cost for the Contract Addition (C.O. #5) is $47,700.00. Funding Source is 441-5161-536-63.72 (Bermuda Gardens) BERMUDA GARDENS ROAD WATER AND SEWER EXTENSIONS PROJECT NO. 97-004 SCHED~E A NO. DESCRIPTION UNIT EST. QTY. UNIT PRICE TOTAL PRICE 1 Maintenance of traffic LS 1 2 1½" Type S-III asphalt SY 880 3 8" Limerock base SY 935 4 12" Stabilized subgrade SY 990 5 Remove exist. 2" water main LF 430 6 Connect to existing water main EA 1 7 Fill & Flush Connection EA 1 8 Sample Point EA 2 9 8" X 8" Tapping sleeve and valve EA 1 10 8" C-900 - WM LF 429 , $45,000.00 11 8" Gate valve EA 1 12 1" Single service - WM EA 5 13 Fire hydrant assembly EA 1 14 4' Type "P" sanitary manhole (6'-8') EA 1 15 4' Type "P' sanitary manhole (10'-12') EA 1 16 Connect to exisiting sanitary EA 1 17 8" PVC - sanitary (6'-8') LF 176 18 8" PVC - sanitary (8'-10') LF 157 19 8" PVC - sanitary (10'-12') LF 26 20 Single sanitary service w/cleanout EA 5 21 Utility allowance LS 1 $2,500.00 $2,500.00 22 Video Allowance LS I $200.00 $200.00 TOTAL $47~700.00 s:\engine~ 1 \engine- 1 \projects\97\97~004\budget\est9704.xls\estimate 1 6/12/98 Project No. 97- 004 II I LIN TO N BOULEVARD ~) D~ HARBOUR DR. BOULEVARO NOT ~ SC~ IANYAN ORI~ DOOWO00 DRIVE LOCATION MAP · ~ .. .... .r,,~;,..,~ .... .. i..i;'!' DELRAY BEACH CITY CLERK llI-AmericaCi~ 1993 July 7, 1998 Ms. Gail Dennard Florida League of Cities, Inc. P.O. Box 1757 Tallahassee, FL 32302-1757 Re: Desiqnation of Votinq Deleqate Dear Ms. Dennard: Please be advised that City Manager David T. Harden has been selected by the Delray Beach City Commission to serve as the City's voting delegate at the 72nd Annual Conference of the Florida League of Cities, Inc., to be held August 13-15, 1998, in Miami Beach. As requested, the Designation of Votin~ Delegate form is enclosed. Should you have any questions, please do not hesitate to contact me at 561/243-7050. Sincerely, Alison MacGregor Harty City Clerk AlVIH/m Enclosure cc: Jay Alperin, Mayor David T. Harden, City Manager THE F-FFORT ALWAYS MATTERS Prtntod on Ft~cycled Prier 72"d Annual Conference Florida League of Cities, Inc. August 13-15, 1998 Miami Beach, Florida It is important that each member city sending delegates to the Annual Conference of thc Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By-Laws requires that each city select one person to serve as the city's voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Designation of Voting Delegate Name of Voting Delegate: David T. Harden Title: City Manager City of: Delray Beach AUTHORIZED BY: Name ~Pe~ Title Mayor, City of Delray Beach Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Or Fax to Gail Dennard at (850) 222-3806 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # ~'' - REGULAR MEETING OF JUNE 16, 1998 DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE DATE: JUNE 10, 1998 The 72nd Annual Conference of the Florida League of Cities will be held August 13-15, 1998, at the Fontainebleau Hilton Hotel in Miami Beach. General policy development is one of the primary purposes of the annual conference. It provides an opportunity to focus attention on municipal home rule and prepare a positive program to strengthen cities throughout Florida. The League encourages each member city to send as many delegates as possible to the conference, and also requests that each city designate one of its officials to cast votes at the annual business session. League by-laws require that each city select one person to serve as the city's voting delegate. Last year the City Manager was selected as the voting delegate. Either the Mayor, any one of the Commissioners, or the City Manager may be designated to serve in this capacity. Recommend designation of a voting delegate ~to cast votes on behalf of Delray Beach at the annual business session of the Florida League of Cities. ref:agmemo5 FLORIDA LEAGUE OF C TIES, INC. Memorandum TO: City Managers/City Clerks I~__ FROM: Michael Sittig, Executive Director DATE: June 1, 1998 SUBJECT: 72nd Annual Con/~rence - FLCities - Pathways to Progress VOTING DELEGATE AND RESOLUTION INFORMATION August 13-15, 1998 - Fontainebleau Hilton Hotel As you know, the Florida League of Cities' Annual Conference will be held at the Fontainebleau Hilton Hotel on August 13-15. This year's theme, FLCities -Pathways To Progress, will provide valuable educational opportunities to help Florida's city officials serve their citizenry more effectively. It is important that each city designate one person to be the voting delegate. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each city will make decisions that determine the direction of the League. Registration materials have already been sent to each city. Call us if you need more. We have attached the procedures your city should follow for presenting resolutions to the League membership. Should you have any questions or need additional information, please feel free to call Drew Smith or Kelvin Robinson at Suncom 278-5331 or 1-800-342- 8112. MS:bcs Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolutions 301 South Bronough Street . Post Office Box 1757, Tallahassee, FL 32302-1757 Telephone (850) 222-9684 · Suncom278-5331 · Fax (850) 222-3806 · Internet: http://fcn.state.fl.us/flc/ Procedures for Submitting Resolutions 72ad Annual Convention Florida League of Cities, Inc. August 13-15, 1998 Miami Beach, Florida In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office a minimum of 30 days prior to the first day of the annual conference. (2) Proposed resolution will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolution Committee at least 15 days prior to the first day of the annual conference. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. (5) Proposed resolutions relating to state legislation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolution Committee at the conference; however, all state legislative issues will be by the standing policy committees and the Legislative Committee prior to the membership at the annual Legislative Conference each fall. At that time, a state Legislative Policy Statement will be adopted. Cities unable to formally adopt a resolution 30 days prior to the first day of the conference may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. IMPORTANT DATES June 4 July 31 Notice to Local League Presidents and Municipal Resolutions Mailed to Resolutions Committee Associations Requesting Nominees to the Resolutions Committee July 6 August 13 Appointment of Resolutions Committee Members League Standing Committee Meetings Resolutions Committee Meeting Voting Delegates Registration July 13 August 15 Deadline for Submitting Resolutions to the Immediately Following Luncheon - Pick Up League Office Voting Delegate Credentials Followed by Annual Business Session VotingDelegate.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MJ~AGER SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF JUNE 16, 1998 APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY DATE: JUNE 12, 1998 Rick Mouw's term on the Community Redevelopment Agency will expire on July 1, 1998. Mr. Mouw was appointed in April, 1996, to fill an unexpired term and is eligible to serve two full additional terms. However, he advises that he does not want to be considered for reappointment. The term of office is for four 4) years, beginning July 1, 1998, and ending July 1, 2002. Per statute, a person may be appointed as a CRA commissioner if he or she resides in or is engaged in business (which means owning a business, practicing a profession or performing a service for compensation, or serving as an officer or director of a corporation or other business entity) within the area of the agency which is coterminous with the municipality and is otherwise eligible for such appointment. The City Attorney has determined that anyone who resides within the City limits is eligible for appointment. A person cannot hold any other public office other than his or her commissionership or office with respect to the Community Redevelopment Agency. The list of applicants who want to be considered for appointment is attached for your review. Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Based upon the rotation system, the appointment will be made by Commissioner Ellingsworth (Seat #3). Recommend appointment of a member to the Community Redevelopment Agency for a four year term ending July 1, 2002. ref: agmemol 4 Applicants for the Community Redevelopment Aqenc¥ Shane Ames (currently on HPB, with term ending 8/31/99) Patricia L. Archer (currently on P&Z Board, with term ending 8/31/99) William C. Branning (currently on SPRAB, with term expiring 8/31/99) Maryelien Byrne-Murphy Thomas F. Carney, Jr. (currently on the Delray Beach Housing Authority, with term ending 10/27/99) Robert P. Costin J. Marshall Duane Grant A. Edwards (currently on Kids & Cops) Michael $. Eisenrod Joseph E. Ferrer Michael Goldman Harriet A. Lerman Marion Knott McIntyre (currently on the Parking Management Advisory Board, with term ending 1/31/99) Frank E. McKinney Arthur B. NeJame Alexander A. ("Sandy") Simon, Jr. Roger M. Simon Jess M. Sowards (currently on the Board of Adjustment, with term ending 8/31/99) James F. Stahl Terrence L. Turbyfill (currently on the Affordable Housing Advisory Committee, with term ending 3/31/2000) I. Elizabeth Wesley CITY OF DELRAY BEACH ~BOARD MEMBER APPLICATION NAME Robert P. Costin (Bob) ,. 362 N.E. 5th Ave. Delray Beach, FI. 33482 (P.O. Box 20i6, De'lray HOME ADDRESS (Street, City, Zip Code) (LEGAL RZSIDENCE) Costin's Flowers & Gifts~ 126 N.E. 1st. St. Delray Beach, ~1. 33444 PRINCIPAL BUSINESS ADDP. ESS (Street, City, Zip Code) .. HOMi PHONE 278-0809 , BUSINESS PHONE 278-3391 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING C.R.A. LIST ALL CITY BOARDS ON WHICH YOU ARB CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) Pineapple Grove D.D.A. ( 1988-1993 ? ? Cham~r of 'Commerce (40 yrs.) Assoc. EDUCATIONAL QUALIFICATIONS High School LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICEN$.ES~W~ICH YOU HOLD NONE GIVE. YOUR PRESENT, OR MOST R~CENT ~MPLOYER, AND POSITION Owner & Operator Costin's Flowers & Gifts, established 41 years in Delray Beach DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD Served six years board of directors, F.T.D., Vice President, and President. also. Three years F.T.D. Finance Committee and Treasurer of F.T.D., also Vice Pres. Interflora, International. F.T.D. is an 650 million dollar annual ,,~ .... Cm with an ~dministrative budget of 140 million dollars annually. PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL TRE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEI~NT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FOP~FEITURE UPON MY PART OF ANY AP?O~NTMY_NT I MAY RECEIVE. Robert p, COstin (BOb) ~-/ /,YT~'"- S IGNATUKE DATE 4/90 126 Northeast First Street ,. Robert P. Cosfin FLOWERS Aprii 2, 1998 TO ~HOH IT MAY CONCERN: I have resided in the south Florida area since 1946, having moved to Boca Raton in 1950. Attended Seacre'st High School in Delray Beach, after which I was employed by Florida Power and Light Co. In 1954 enlisted in the U.S. Admy, and upon discharge resumed my employment with Florida Power and Light Co. I married Sonya Marcellino of Boynton Beach, and in July of 1957, acquired the "Delray Flower Shop", and subsequently changed the name to Costin's Flowers and Gifts. This year on July 1, 1998 will mark our 41st 'year of continued business in Delray. Beach. In June of 1971, I was electe~ to Florists Transworld Delivery Assoc. ( F.T.D. ), Board of Directors, and in 1974 elected as Vice President, and in 1975 elected as Presi- dnet of F.T.D. While serving F.T.D., I was a member of the Finance Committee, and also served as Chairman and Treasurer of the Assoc. In 1976, I was elected to serve on the Interna- tional Board of Interflora, and subsequently also served as Vice President of Interflora Inc. F.T.D.~is an association comp?ised of over 22,000 Florists in t~ united States, and Canada with an annual volume at that time of approximately 650 million dollars, with an annual operating budget of 140 million dollars. My wife Sonya and I have resided in Delray Beach for over 40 years. Robert P. Costin "Quality Is Our Policy" ,, MEMORANDUM TO: ~MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM ~/U~-.REGULAR MEETING OF JUNE..16, 1998 ORDINANCE NO. 22-98 (ANNEXATION, SMALL SCALE FUTURE LAND USE MAP AMENDMENT AND INITIAL ZONING FOR CARUSILLO /%ND EVANS NORTH PROPERTY) QUASI-JUDICIAL HEARING DATE: JUNE 12, 1998 This is second reading and a quasi-judicial public hearing for Ordinance No. 22-98 which annexes a 4.19 acre parcel of land located on the west side of Military Trail, approximately 700 feet south of Atlantic Avenue (commonly known as the Carusillo and Evans North property). It also provides for a small scale Future Land Use Map (FLUM) amendment from County HR-8 (High Density Residential - 8 dwelling units/acre) to City Medium Density Residential (5-12 dwelling units/acre), and establishes initial zoning for the property of RM-8 (Medium Density Residential - 8 units per acre). The subject property is located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The land is vacant with the exception of two billboards located at the northeast and southeast corners of the parcel. The proposed use of the property is that of an assisted living facility. The applicant's representative has stated that the billboards will be removed when the project goes to construction. The Planning and Zoning Board considered the application at a public hearing on May 18, 1998, and voted 6 to 0 to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance standards) and Section 2.4.5(D) (5) of the Land Development Regulations, and policies of the Comprehensive Plan. At first reading on June 2, 1998, the Commission passed the ordinance by unanimous vote. At that time, the City Attorney indicated that the County had raised a concern that the proposed annexation would, in their opinion, create an enclave. City staff met with County staff, after which the County concurred with the City's position that the annexation is actually decreasing an enclave. Recommend approval of Ordinance No. 22-98 on second and final reading, based upon the findings and recommendation of the Planning and Zoning Board. ref: agmemo7 ~~ ~--~ ORDINANCE NO. 22-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 700 FEET SOUTH OF ATLANTIC AVENUE, BEING COMMONLY KNOWN AS THE CARUSILLO AND EVANS NORTH PROPERTY, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Louis J. Carusillo and Harold R. Evans, as Trustees, are the fee-simple owners of a 4.19 acre parcel of land located on the west side of Military Trail, approximately 700 feet south of Atlantic Avenue; and WHEREAS, Michael Corelli, Caulfield & Wheeler, Inc., as duly authorized agent for the fee-simple owners hereinabove named, has requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map designation of HR-8 (High Density Residential - 8 dwelling units/acre); and WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is Medium Density Residential 5-12 dwelling units/acre; and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of May 18, 1998, and voted 6 to 0 to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density Residential - 8 dwelling units/acre), based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The East Half (E-l/2) of the Southeast Quarter (SE-l/4) of the Southeast Quarter (SE-l/4) of the Southeast Quarter (SE-l/4) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida, less that part which lies within sixty (60) feet of the baseline survey of Military ~Trail (State Road 809) as recorded in Road Plat Book 2 at Page 225 of the Public Records of Palm Beach County, Florida. The subject property is located on the west side of Military Trail, approximately 700 feet south of Atlantic Avenue; containing 4.19 acres, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, - 2 - Ord. No. 22-98 including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as Medium Density Residential 5-12 dwelling units/acre. Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1) (c) (4). Section 7. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District RM-8 (Medium Density Residential - 8 dwelling units/acre) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. 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 10. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of the land use plan amendment and zoning shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective - 3 - Ord. No. 22-98 status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the 16%h day of June , 1998. ATTEST: ~City Cl~rk First Reading June 2, 1998 Second Reading June 16, 1998 - 4 - Ord. No. 22-98 I K-MAR T $OUAR£ MA RKEoFT~L A ~£ ~~ 2 EXECU11'~ CARNIVAL DELRAY $OUARE FLEA IST [ PUBLIX MARKET ALLIANCE ~ ...... ~1 ~ GREAT ~RST ~S ~RN UNI ~ ~ST A T L A N T I C . A V E N U E DELRA Y  ~ST B~IES '~' US PLAZA SCOT~ PLeA ROAD AD~S ROAD · A~,SH~IG TON ROAD ROAD BOULEVARD DR~V N - ANNEXATION - ~'or o~L.^~'~£^~. F, (CARUSILLO & EVANS PROPERTY. NORTH PARCEL) PLANNING & ZONING ~PARI'M[NT PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: May 18, 1998 AGENDA ITEM: IV.D. ITEM: Future Land Use Map Amendment from County HR-8 (High Density Residential- 8 units/acre) to City MD (Medium Density Residential 5-12 units/acre), and Associated Annexation with Initial Zoning of RM-8 (Medium Density Residential - 8 units/acre) for the Carusillo/Evans North Parcel, Located on the West Side of Military Trail, Approximately 700 Feet South of West Atlantic Avenue. i ~.~.~ i GENERAL DATA: Owner/Applicant ......................... Louis CarusJllo & Harold Evans Agent .......................................... Michael Covelli Caulfield & Wheeler, Inc. Location ...................................... West side of Military Trail, approximately 700 ff. south of j'~jj'--j West Atlantic Avenue- Property Size .............................. 4.19 Acres Existing County Future Land Use Map Designation ........................ HR-8 (High Density Residential - Proposed City Future Land Use ' ' ' Map Designation ......................... MD (Medium Density Residential 5-12 units/acre) Existing County Zoning ............... AR (Agricultural Residential) Proposed City Zoning ................. RM-8 (Medium Density '~ ~_ ll=tlllllllltll!llll Residential - 8 units/acre) J Adjacent Zoning ................ North: City PC (Planned Commercial) I~ 111 East: County RS (Single Family Residential) and City GC (General Commercial) South: CityRM-8 'tl~l!!,!t~T~ll'li _!;;L'- ~ west: County AR Existing Land Use ...................... Vacant land with a billboard at,,,,,,, ,, I l'l~l I J I I ~Jj,,, , i' I !.---I ~"-,/ ~rner of the prope~. Proposed Land Use .................... Annexation with in,iai zoning of the const~ion of an assisted living ~cili~. w~t~ s~io~ ............................. ,va~ v~ oo..~t~o, to ~. existing 12" water main along the east side of Milita~ T~il and an 8" main at the southeast comer of the shopping center to the I no~h. c Sewer Se~ice ............................. Available via installation of a lift station and connection to a 4" force main along the west side of J Militaw Trail. ~ ~ The item before the Board is that of making a recommendation on a Voluntary Annexation (pursuant to Florida Statute 171.044), and a Small-Scale Future Land Use Map amendment from County HR-8 (High Density Residential - 8 units per acre) to City MD (Medium Density Residential 5-12 du/ac) with initial zoning of RM-8 (Medium Density Residential - 8 du/ac). LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this petition. The subject property is located on the west side of Military Trail, approximately 700 feet south of Atlantic Avenue. The subject property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zone designation. The property is also located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The property is vacant with the exception of two billboards located at the northeast and southeast corners of the parcel. No land use history is available on this property. It is noted that the 4.18 acre parcel to the south is under the same ownership and was annexed into the City on September 17, 1996 with the Medium Density Residential 5-12 du/ac FLUM designation and RM-8 zoning district. At that time the development proposal was to accommodate a multiple family development which would be combined with property now under consideration. Requests for Annexation, Future Land Use Map amendment and Initial Zoning have been submitted to accommodate the RM-8 (Medium Density Residential - 8 du/ac) zoning designation for the subject property, and are now before the .Board for action. ~.:.;~i:.~!~.~.;...~:.i!::,.~:.~. ~.~:.!~.:~.;~.:~...:,:.:~i~ ~i~i~!~i~ii~i~i~!~ ~ ~:~!~-':::~<::::::;:~-'.-~: ~ :: :: :: :.'- ::~:~:::::~ ......... :~ :~ :~ ~:~ :~ ::::::::::::::::::::::::::: :-:.: ~:~:: ~:~:~: :~ :~ :~ :: :: :::::: ::: ~:: :~ ........................... :~ :~:::::: :::: :: :::: :: :: :: :::::~ :: ~:: :~:: :: :~: ~:::: ::::::::::::::::::::::::::::: :: :i:i ~,:i:i: !::' :' :': :~ !'-:.: ~: :' :'~': :i ~.;:. :: :i: :' :' :': :~:i:i:~'.'i:~: :~- ;: :' :' :-:-i:i::':' ~:;. :': :!:i::':' ,:~:i ~: :::~:~: i~ !~: !~ :~: ~::~: i~ ~: !~ :i~ :-:'::i:i:i:i::'" ~[::.:-',::.::.: :-:' ::i~':'~-:-::i:i? ':' ..:; :': i:.'. :i:i? :' ~;:; :' :: ~' ;' :' :' :: .~,:.:- ~:i: :'::i:i-'-':' ~:-; .!:':':..: :;i; :~ :':':' ~:.:-'.: ;:i ::': ,...:! :~:i::' :' :' ;: .: i!i::' :?:':! ~ ::',;: :~:~:'.,~ :;',:::::'-:::~ iiii ......................................................... i!.:!i!~iii~iiiiiiiii!~!,:~ iiiii :::~::-;:;::.;.'.: iii~ iii:i :~:i.;ii :~: iii iiiiii!;...;.::,.,: ~ii~il Ii iii ~;~ !i ~ ii ii~i;iiiiiiii~iii~ ~: :;: ~:~: ii li ii iiiiii ::~; iiii ii ii i;iiii!i!ii i;~ ii iii:: i ii~i ii::ii?::: ii:: iiiiiii i???:i;:i I The subject property is a 4.19 acre vacant parcel having a County Future Land Use Map designation of HR-8 (High Density Residential - 8 units per acre) and County zoning of AR (Agricultural Residential). The proposal is to annex the property into the City, change the Future Land Use Map designation to City MD (Medium Density Residential 5-12 du/ac), and apply an initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac). The proposed use of the property is that of an assisted living facility. Current Land Use Designations: The current County land use map designation for the property is County HR-8 (High Density Residential - 8 du/ac). The current City "advisory" designation for this property is TRN (Transitional). Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 2 Reo. uested Land Use Designation: The requested Future Land Use Map change is to City MD (Medium Density Residential 5-12 du/ac). Florida Statutes 163.3187 - Small Scale Land Use MaD Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: The amendment does not exceed 10 acres of land; The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; and, The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months. The Future Land Use Map amendment involves a 4.19 acre area, thus the total area is less than the 10 acre maximum. The proposed amendment to Medium Density Residential 5-12 du/ac (MD) is being processed concurrently with a request for annexation and initial zoning of RM-8 (Medium Density Residential - 8 du/ac) to accommodate an assisted living facility, which is allowed as a conditional use in the RM-8 zoning district. The MD land use designation allows consistent zoning districts which include single family, and Iow and medium density multiple family development. The property is not located within a designated redevelopment or traffic concurrency exception area. This amendment along with other small-scale amendments processed this year, outside the designated areas, will not exceed 60 acres. This property has not previously been considered for a land use amendment nor has the same property owner's properties been granted a land use change within 200 feet, within the last year. The same property owner was granted a FLUM amendment for the parcel to the south in September, 1996. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The accompanying annexation and initial zoning application is seeking a RM-8 (Medium Density Residential - 8 du/ac) zoning district. The proposed use (assisted living facility) is allowed as a conditional use within the RM-8 zoning district. The Medium Density Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 3 Residential 5-12 du/ac land use designation is consistent with the proposed RM-8 zoning designation. Consistency between the City_ and County. Land Use Designations; The proposed City Future Land Use Map designation for the property is MD (Medium Density Residential 5-12 du/ac). The existing County Future Land Use Map designation for the property is HR-8 (High Density Residential - 8 units per acre). The City's MD land use designation is consistent with the County's HR-8 designation in that Medium Density Residential zoning is allowed. The current "advisory" Transitional designation allows multiple family development as well as office and limited commercial development. The City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, (and as formally amended subsequently) are deemed to be advisory until an official Future Land Use Map Amendment is processed. Ad_iacent Land Use Map Designations. Zoning Designations & Land Uses: North: North of the subject property, has a City land use designation of GC (General Commercial) and is zoned PC (Planned Commercial). The property is developed and contains a shopping center (Babies "R" Us Plaza). South: To the south, across the L-34 Canal, has a City land use designation of MD (Medium Density Residential 5-12 du/ac) and is zoned RM-8 (Medium Density Residential - 8 du/ac). The property is currently vacant and contains a billboard. The property is under the same ownership as the subject property and was annexed in 1996 with the MD land use designation and RM-8 zoning. West: The abutting properties to the west have a Palm Beach County land use designation of HR-8 (with an advisory City land use designation of Transitional) and are zoned AR (Agricultural Residential). The existing land uses are single family residences. East: East of the property, across Military Trail, has a Palm Beach County land use designation of MR-5 (Medium Density Residential - 5 du/ac) (with an advisory City designation of Low Density Residential - 0-5 du/ac), and a parcel with the City General Commercial FLUM designation. The properties are zoned County RS (Single Family Residential), and City GC (General Commercial). The existing land uses are a single family subdivision known as Country Club Acres, and a veterinary clinic (Animal Hospital). Allowable Lartd Uses; Under the proposed Medium Density Residential 5-12 du/ac designation, residential zoning districts which accommodate single family and multiple family units (R-1-A thru R-l-AAA, RL, PRD, and RM) are allowed. The applicant has requested an initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac). This zoning designation is consistent with the proposed land use designation. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 4 REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Opens Space. The proposal involves annexation of property which requires changing the FLUM designation from County to City. The current County FLUM designation is HR-8 and the current "advisory" designation is Transitional, which allows residential (single and multiple family, offices, and limited retail). The proposed City FLUM designation of MD is consistent with the current County HR-8 FLUM designation, and does not allow offices or limited retail uses. While the proposed FLUM and zoning designations are consistent with the goals, objectives and policies of the Comprehensive Plan, the proposed use of the property (assisted living facility) is inconsistent with the following: Housing Elemer~t Polic_v B.2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for infiil projects having fewer than 25 units. The subject property (4.19 acres) will be combined with the 4.18 acre parcel to the south to accommodate an 8.37 acre development that is restricted by its nature to adult residents. However, given the property's extensive frontage along Military Trail, and its relatively shallow depth, it is not a prime location for a single family subdivision. LDR Section 3.1.1(C)(Consistency) states that a finding of overall consistency can be made even though the action will be in conflict with some performance standards within Article 3.3 of the Land Development Regulations, provided the approving body specifically finds that the beneficial aspects of the proposed project outweighs the negative impacts of the identified points of conflict. In order to establish the use of an assisted living facility, Conditional Use approval is required. With the submittal of a specific development proposal these objectives and policies will again be reviewed. Consistency -The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 5 As stated above, the proposal is consistent with the goals, objectives and policies of the City's Comprehensive Plan, except Housing Element Policy B-2.2, which is discussed above. The following are the other applicable goals, objectives and policies. Future Land Use Element Ob_iective A-f: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. The property can be developed in a manner that will be complementary to the adjacent residential area. Under the MD FLUM designation, development of this property can fulfill the need for moderate and middle income housing. With review of a specific development proposal this policy will be revisited. Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. As discussed later in this report, the property can be developed at the highest intensity allowed under the MD land use designation and meet adopted concurrency standards. The proposal is to annex the property with an initial zoning designation of RM-8, which will be limited to a maximum of 8 units per acre, to accommodate an assisted living facility, as a conditional use. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. As described in the Future Land Use Element of the Comprehensive Plan, the proposed Medium Density Residential 5-12 du/ac land use designation is applied to land which is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Homeownership is characteristic of this designation. VVhere Medium Density Residential exists, uses other than those which are residential in character shall not be considered. Compatibility with the abutting residential properties is not a major concern, however, there are sufficient regulations in place which will mitigate any potential adverse impacts. With respect to the residences to the west and Country Club Acres development on the east side of Military Trail, there are sufficient regulations in place to mitigate any potential adverse impacts. VV'[th development of the site as an assisted living facility, trees must be installed every 25' along the west property line, abutting the single family residences. The City's regulations require any development of the subject property to provide a 30' landscape buffer along the east side of the property adjacent to Military Trail. Under the County designation of 8 units per acre, the resulting development would likely be multi-family residential. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 6 Compliance -- Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a site plan approval request. There should be no problems complying with the Land Development Regulations. Florida Statutes Governing Voluntary_ Annexations: Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Pursuant to F.S. 171.031(13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or, (2) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. [-] The property is contiguous with the City and is reasonably compact. With regard to creation of an enclave, in order to access the property one must first travel through the City. This is also true for the properties under County jurisdiction on the east side of Military Trail across from the subject property. As a result, the properties on the east side of Military Trail already constitutes an enclave. Thus, the proposal will not create an additional enclave. Land Development Regljlafions Governing Annexations: Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is located within designated annexation area "D" on the west side of Military Trail south of Atlantic Avenue. Annexation of the territory is consistent with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 7 CONCURRENCY: Provision of Services: VVhen annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 7. Zone 7 is bordered by Jog Road on the west, the Delray Beach City Limits on the east, Atlantic Avenue on the north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City to the north and south of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 5.5 minutes of the County's Fire Department (Fire Station g42/Hagen Ranch Road near the Turnpike) to approximately 2.5 minutes for the City's Fire Department (Fire Station #4 at Barwick and Lake Ida Roads). Water: Municipal water service is available via connection to an existing 12" water main located along the east side of Military Trail, and an existing 8" main at the southeast corner of the abutting shopping center (to the north). With future development of this property, main extensions (minimum 8") to the west and south property lines will also be required in order to provide continuation of service and future connections to the existing residences. Along the new mains, fire hydrants must be installed with a maximum spacing of 300 feet for the proposed assisted living facility. If 3-story multi-family structures are constructed, a fire hydrant spacing of 300 feet will be required, and 400 feet for multi-family structures up to 2- stories. Also, looping of the main internal to the site for system integrity will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treab'nent Plant for the City at build-out. Sewer: Sewer service is available adjacent to the site via an existing 4" force main along the west side of Military Trail. With future development, the installation of a lift station and sewer main extensions to the west and south property lines will be required. The lift station must be designed to accommodate the proposed development as well as the existing residences to the west and the Country Club Acres subdivision which are currently served by Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 8 septic systems. The City will participate in the increased cost associated with sizing the lift station to accommodate future flows. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: This property has direct access to Military Trail, which is under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. A traffic study was submitted based upon the maximum number of residential units allowed under the proposed RM-8 zoning, which would be 33 units generating 231 average daily trips. At 12 units per acre, a maximum of 50 multiple family dwelling units could be provided which would generate a total of 350 average daily trips. The proposed assisted living facility would generate a total of 436 average daily trips. Military Trail is currently being widened from 4 lanes to 6 lanes. Upon completion, Military Trail will be operating at LOS "D", which can accommodate the vehicular trips generated by the proposed development. In a related item, an access easement will be required with development of the property in order to allow access to Military Trail by residents of the neighborhood to the west. This issue is discussed in a later section of this report (Other Items - Access Easement). Parks and Open Space: The annexation of the property to accommodate an assisted living facility will not create an additional impact on park and recreational facilities. The proposed RM-8 zoning district will allow a maximum of 33 dwelling units. The stated intended use of the property is as an assisted living facility, which typically do not impact the park system. However, even if the property is developed to accommodate permanent residential units, these units would not have a significant impact with respect to level of service standards for parks and recreation facilities. The impacts of the potential residents have already been factored into the park demands calculated on build-out projections. Further, the City currently provides approximately 8 acres per 1,000 residents of recreation space which far exceeds the desired standard of 3 acres per 1,000 residents established in the Comprehensive Plan. If the parcel is ultimately developed as homes or apartments, a parks and recreation impact fee of $500 per unit will be assessed at the time of building permit. Solid Waste: As there is no change in actual land use at this time, there will be no impact on solid waste disposal. The service provider will change, as described later in this report. Financial Effect Up~)n Annexed Property.: For the 1998 tax year the subject property had an assessed value of $153,300. With the change from County to City jurisdiction, the following taxes and rates will be affected: Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 9 Ad Valorem Taxes Millage VVith Annexation Fire/Rescue MSTU 2.5764 Deleted (County) Library .4997 Deleted (County) City Of Delray Beach 6.9500 Added (City) City of Delray Beach Debt .8500 Added (City) 4.7239 Difference* * Total tax millage in the County is 19.8597 mills while in the City the total millage rate is 24.5836 mills. The current yearly ad valorem taxes are $ 3,044.49. With annexation the yearly ad valorem taxes will be $ 3,768.67; a tax difference of $ 724.18. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. If the property is developed as a multiple family complex or is subdivided for residential purposes, an assessment of $54.00 per unit would be applied. For non-residential units the fee is calculated using the following formula (# sq.ft, of impervious area/2,502) X $54. A 25% discount from the assessment is available as the site is within the Lake Worth Drainage District and an additional 25% discount may be available if drainage is retained on site. As the property is currently vacant, this assessment is not immediately imposed. With future development, the storm water utility tax will be assessed. Solid Waste Authority - The Military Trail annexation areas are serviced by Sunburst (pursuant to new contract awarded on May 13, 1998), and the City's contract is currently through BFI (Browning-Ferris Industries). Pursuant to Florida Statute 171.062 (4)(a) "if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchisee may continue to provide such services to the annexed area for five years or the remainder of the franchise term whichever is shorter". As the annexation was initiated prior to the change to Sunburst, the waste service provider will change with annexation to BFI. Occupational License Fees - The proposed assisted living facility will require an occupational license. This license will be in addition to the current County license fee required for an assisted living facility of approximately $30 per year. The City license fee for the facility is $125. If the property is developed for owner-occupied residential purposes, an occupational license will not be required. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 10 Resulting Impacts to Property Owner: FINANCIAL CONSIDERATIONS: AD VALOREM TAXES +$ 724.18 (Change from 97/98 County of 19.8597 to City 97/98 rate 24.5836 mills.(4.7239) NON AD VALOREM Stormwater Assessment $ .00 Solid Waste Collection $ .00 WATER & SEWER UTILITY FEES $ .00 OCCUPATIONAL LICENSE FEES $ .00 ANNUAL FINANCIAL IMPACT: +$ 724.48 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 5.5 minutes (County) to 2.5 minutes (City) EMS + Faster response time from (estimated time) 5.5 minutes (County) to 2.5 minutes (City) POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pro-active vs reactive opportunity to work with property owners Fiscal Im.oacts to the City.: At the 1997/98 City operating millage rate of 6.95 mills and debt rate of 0.85 mills, the property will generate approximately $1,195.74 in new ad valorem taxes per year. With future development, additional revenues will be realized through increased assessment value, building permit fees, the annual collection of the stormwater Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 11 assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. The proposed City zoning designation is RM-8 (Medium Density Residential - 8 du/ac) while the current County zoning designation is AR (Agricultural Residential). The surrounding zoning designations are: County AR to the west; County RS (Single Family Residential) to the east; City PC (Planned Commercial to the north; and, City RM-8 to the south. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.t (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The proposed RM-8 zoning designation is consistent with the proposed Medium Density Residential 5-12 du/ac land use designation. The proposed assisted living facility is allowed as a conditional use within the RM-8 zone district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal involves the annexation of existing vacant land. There will be no changes in the manner that water, sewer, drainage, streets/traffic and solid waste services will be provided. Fire, EMS and Police will shift to a different provider; however, all of these services will be equal to or better than existing services (see annexation analysis for details). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The subject property is currently vacant with billboards situated at the northeast and southeast corners of the property. When a sign is annexed which does not comply with the provisions of Section 4.6.7 (Signs), the sign must be removed upon annexation. Staff will work with the property owner in order to obtain compliance. Any future development will be required to comply with all Land Development Regulations. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 12 CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.$(D)(5) (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment analysis section of this report. Section 3.3.2 (Standards for Rezoning Actions): Standard B and C is not applicable with respect to this rezoning request. The applicable performance standards of Section 3.3.2 are as follows: A) That a rezoning to other than CF within stable residential areas shall be denied. The subject property and the residential properties to the west are not designated on the Neighborhood Categorization Map. However, the properties to the east and southwest (County Club Acres) are noted as Stabilization. The rezoning is required in conjunction with the annexation request. The proposed RM-8 zoning designation will be consistent with the proposed MD Future Land Use Map designation. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial RM-8 zoning designation will accommodate the proposed assisted living facility as a conditional use. Compatibility with the adjacent residential development will relate to the ultimate density of future development. The development potential of the property under the County's HR-8 land use designation is 33 units, which is equivalent to the maximum allowed under the proposed RM-8 zoning district. The City's RM zoning district has a range of 6-12 units per acre, with the maximum density determined at the time of site plan approval, based upon compatibility with surrounding properties, or application of a density suffix through the rezoning process. With the property's extensive frontage along Military Trail, limited depth, and the current County HR-8 FLUM designation, it is appropriate to apply the density suffix of 8 units per acre. The RM zoning district requires a minimum 15' (side interior) and 25' front and rear building setback. Further, if the property is developed as an assisted living facility, trees must be planted every 25' within the landscape strips abutting the single family residences. Compatibility of a specific development proposal with the adjacent Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 13 developments will be appropriately addressed with the review of a site and development plan request. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant is applying for annexation of this property into the City and the annexation requires that an appropriate zoning designation also be applied. The RM-8 is being sought as it is consistent with the existing County HR-8 and the proposed City Medium Density Residential 5-12 du/ac land use designations. Also, the FLUM and zoning designations are consistent with those granted with the Annexation of the property to the south in 1996. Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. The requested zoning is of similar intensity as that allowed under the proposed City MD land use designation. The RM-8 zoning is more appropriate for the property than the current County zoning designation .of AR (Agricultural Residential) given the property's location and its extensive frontage along Military Trail. Access Easement The subject property abuts a residential area to the west consisting of 10 lots, which are located south of the Points West Plaza shopping center. The single family homes obtain access by traveling through the parking lot of the shopping center, which fronts on Atlantic Avenue. As a result of this development pattern, it is very difficult for emergency services to access the area in a timely manner. Thus, unacceptable response times have resulted. With development of the Carussillo-Evans property, an easement will be required along the north portion of the property to allow direct access from Military Trail to the subdivision. The applicant has agreed to provide this easement, which is to be at least 20' wide. It may also serve as an access drive for the proposed assisted living facility. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 14 The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Lake Worth Drainage District: Lake Worth Drainage District reviewed the annexation request and indicated that a dedication of 20' will be necessary along south property line of the subject property for the L- 34 Canal. Palm Beach CounW Notice: On April 17, 1998 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: r~ Country Club Acres [3 Greensward Village Condominium Association (within The Hamlet development) 13 Hamlet Residents Association 13 Highpoint 13 PROD (Progressive Residents of Delray) 13 Sherwood Forest Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its Planning and Service Area. The requested Medium Density Residential 5-12 du/ac Future Land Use Map designation is less intense than development Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 15 that is allowed under the current City advisory designation of Transitional. The application of an initial zoning designation of RM-8 is consistent with the proposed FLUM designation, and with the previous action that was taken for the property to the south. VVhile the FLUM and Zoning designations will be consistent with the City's Comprehensive Plan, the proposed use, assisted living facility, is inconsistent with Housing Element Policy B-2.2 and its supporting policies. However, a finding of overall consistency can be made provided the approving body specifically finds that the beneficial aspects of the proposed project outweighs the negative impacts of the identified points of conflict. The annexation Will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in ad valorem taxes. Upon development of the property for residential purposes, stormwater assessment fees will be imposed. The City will receive additional revenue from property taxes, in addition to stormwater assessment fees, utility taxes, franchise fees, and licensing fees upon development. The total immediate revenue increase is approximately $1,195.74 a year. With development of the property, infrastructure improvements which include water and sewer main extensions to the west side of Military Trail, and the installation of a lift station will offset the costs of providing these services to the residents to the west and Country Club Acres in the future. If the annexation is approved, it is anticipated that a site and development plan submittal will follow. Compatibility of a specific development proposal with the adjacent developments will be addressed with the review of a site and development plan request. Concurrency concerns with respect to traffic will dictate the development time frame. A. Continue with direction. B. Recommend approval of the Annexation, Small-Scale Future Land Use Map amendment from County HR-8 to City Medium Density Residential 5-12 du/ac and initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.3.2, and 2.4.5(D)(5), and the following: 1. That the property is contiguous, reasonably compact and does not create an enclave; and, 2. That services will be provided to the property in a manner similar to other similar properties within the City. C. Recommend denial of the Annexation, Small-Scale Future Land Use Map amendment from County HR-8 to City Medium Density Residential 5-12 du/ac and initial zoning Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 16 designation of RM-8 (Medium Density Residential - 8 du/ac), based upon a failure to make positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), that the proposed use is inconsistent with Housing Element Policy B-2.2. ! Recommend approval of this Annexation, Small-Scale Future Land Use Map amendment from County HR-8 to City Medium Density Residential 5-12 du/ac and initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.3.2, and 2.4.5(D)(5), and the following: 1. That the property is contiguous, reasonably compact and does not create an enclave; and, 2. That services will be provided to the property in a manner similar to other similar properties within the City. Attachments: CI Location Map C! Survey This Report prepared by: Jeff Costello. Senior Planner · :: THE PALM BEACH POST . THURSDAY, JUNE 11, 1998 mov(D entranceplaa ~ Chuck M~inn~ Palm ~h P~t Staff W~t~ . . · BORON BEACH ~ CiW ' :' comssionem ~i decide ne~ ' ' : week whe~er to ask P~m Beach CounW to delay.~e Mdening of a busy section of ~ence Road to build a new road to ~e BE Aerm space m~acmfing pl~t. Residents ~ong Di~e ~d Sou~ ~e drives s~d Wedne~ day ~ey were "cautiously opfi- ~sfic' a new en~ce to ~e pl~t from ~e Ida Road would ease concerns about l~ge ~cks ~d s~edhg c~s mmb~ng ·rough ~eir quiet neighbor- hood. But residents h sever~ new co~udfies ~ong ~ence Road s~d ~ey don't w~t to see -~ek project delayed. ~eY S~d ~ ~: ~ ~:.4,,:~.a.:~ the ~ml~e road is"~eady con- ~ ~o~er 'CounW~ed g~ted, espedflly .ne~ Ci~s cel ne~ to ~e .BE Aerosp~ ~ Cove Elemen~ ~hool. prope~, accord~g to ~e "~ it is fight now, ~ence en~eer's o~ce. is a sm~ road ~d I have people Ci~ co~ssione~ ~Q vote . spee~g ~ound me on the ~ass Tuesday on as~ng ~e coun~ "' . :' by ~e school," Naufica resident ~e ~e money ~om 84.1 ~l~ . . :'~ :: -. Ch~e Fisher s~d. '~at ~ter- in its fiv~ye~ road pl~ for:~ - '" '~:: :' .::):: .: :.: section at ~ence ~d Gateway Mden~g of ~ence Road,bb ~oulev~d) is backed up ~ ~e ~een Boston Beach ~d Gat~ time." way boulevards. About 8570,0~ h M~Ch, about 200 f~es is set aside for desi~ ~d fi~ng ne~ BE Aerospace, which acquisition ~d 83.5 ~Hion'~6r construction in 2000-2001, m~es ~fine food-se~ce equi~ ~ence Road-mca residents ment, lost a hirer fight to stop ~e pl~ to a~end ~e mee~g. , ', ', pl~t from using a vacant house Swapphg ~e money would for o~ce ~d storage space. ~ey "a feared ~e zoning ch~ge was ~e put bit of a crimp' h plus f6r ~ence Road, ~sis~t Ci~ ~st step towed a major expan- M~ager D~e Suge~ sion of ~e pl~t. But coun~ o~ci~s would ha~6 CiW o~ci~s proposed a new some time to look for su~1uS road cuing through ~e Ida money to keep ~e project from P~k ~er BE Aerospace rejected f~ling too f~ behind schedUle, ~e idea of mo~ng ~e pl~t to o~ci~s s~d. Quantum Co,orate Park. Di~e Drive resident G~ It MI1 cost about $645,0~ to Fishm~ s~d ~e new road is a build a bridge over ~e D30 c~ good idea ff BE Aerospace and its and a road connecting the park employees Mll use it. , MEMORANDUM TO: David T. Harden, City Manager FROM: Alison MacGregor Harty, City Clerk SUBJECT: Additional Information from June 16th DATE: June 23, 1998 Under public comments: (1) Jeff Lempke, Masquerade Cafe -in thc Occan City ccmp!ex~ asked for the ability to continue placing sandwich board signs on Atlantic Avenue in an effort to get customers into his business. (2) Alice Finst brought up Mary McCarty's letter (attached) which brought about a discussion on Lake Ida Road between Congress and Military. The Mayor basically said the County had offered three options: leave as is, we assume maintenance and the County takes it off their roadway list for concurrency purposes; the County would construct a three-lane section, then turn the road over to the City for maintenance and remove it from their list; or go with the 4-1aning and the County will retain responsibility. Consensus was to go with the 4-1aning, with caveats that City staff work with County staff on design in terms of making it as palatable as possible (i.e. medians, traffic calming) and that the densities which the County will allow to the west be closely monitored thru IPARC, etc. Direction was given to prepare a resolution to this effect for consideration at the July 7th meeting. (3) Jean Beer advised she has a meeting arranged with Mary McCarty on July 24th re traffic on Linton and Atlantic, especially concerning the proposed changes to the 1-95 interchanges. Current design unacceptable and will make situation worse. Asked for a concerted effort to bring as much political pressure as possible. The Commission agreed strongly. AMH/m Attachment