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08-18-98 Regular DELRAY BEACH Ali.America City AUGUST 18, 1998 - 6:00 P.M.; PUBLIC HEARING 7:00 ~.M. COMMISSION CHAMBERS The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph 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 FQR 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 limite~ to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the.meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. 5. Approval of Minutes: Regular Meeting of August 4, 1998 6. Proclamations: A. Recognizing and commending the 1998 Delray Beach Ocean Rescue Junior Lifeguards B. Of Note: 1. Literacy Awareness Month - September, 1998 2. International Day of Peace - September 15, 1998 7. Presentations: A. Perry DonFrancisco - Delray Citizens for Delray Police Annual Scholarship Presentation to Melissa Schroeder. B. Maureen Hanley, BankAtlantic, in recognition of the 200th home loan under the Delray Beach Renaissance Program. 8. Consent Agenda: City Manager recommends approval. A. CLOSEOUT CHANGE ORDER ~1 AND FINAL PAYMENT/LOUISBOURG CONSTRUCTION CORPORATION (SILVER TERRACE IMPROVEMENTS): Approve closeout Change Order %1 in the net deduct amount of $62,694.75 and final payment in the amount of $33,448.26 for completion of the Silver Terrace roadway and utility improvements project, with funding in the amount of $32,314.53 from 118-1965-554-61.20 (Community Development Capital Outlay - Silver Terrace Road) and $1,133.73 from 441-5161-536-63.47 (Water & Sewer Capital Outlay - Silver Terrace). B. CONTRACT ADDITION (C.O. ~i)/INTERCOUNTY FOUNDATION, INC. (LAKEVIEW CLUBHOUSE DRAINAGE): Approve a contract addition (C.O. %1) in the amount of $15,000.00 with Intercounty Foundation, Inc. under the Bucida Road Water Main and Drainage Regular Commission Meeting August 18, 1998 Improvements contract for the relocation of existing storm drainage at the Lakeview Golf Course clubhouse, with funding from 448-5411-538-63.67 (Stormwater - Lakeview). C. CONTRACT ADDITION (C.O. ~i)/PAVEX CORPORATION (CART PATHS AT LAKEVIEW GOLF COURSE): Approve a contract addition (C.O. #1) in the amount of $43,800.00 with Pavex Corporation under the 1998 Resurfacing Street Resurfacing Projects contract for cart path construction and resurfacing/widening at the Lakeview Golf Course, with funding from 446-4761-572-63.90 (Lakeview Golf Course Capital Outlay - Other Improvements). D. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies in the total amount of $48,350.00 for four (4) income eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program). E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 3rd through August 14, 1998. F. AWARD OF BIDS AND CONTRACTS: 1. Bid award in the amount of $15,650 to Golf Management Systems, Inc. for specialized pro shop hardware and software; and purchase award in the amount of $5,235.00 to Gateway, via State contract, for three E-3000 233 computers to operate the new system, with funding in the amount of $5,590 from 445-4713-572-64.11 (Municipal Golf Course Pro Shop/Computer Hardware), $7,875 from 445-4713- 572-66.10 (Pro Shop/Computer Software), $3,195 from 446-4713-572-64.11 (Lakeview Golf Course Pro Shop/Computer Hardware), and $4,225 from 446-4713-572-66.10 (Lakeview Pro Shop/Computer Software). 2. Bid award in the amount of $106,800 to Club Car, Inc. for the purchase of eighty (80) golf carts, with funding from 445-4713-572-44.90 (Municipal Golf Course Pro Shop - Other Rental/Lease Costs). Once approved, lease/purchase financing will be secured for approximate annual payments of $30,000 based on 4.75% over 48 months. 3. Purchase award in the total amount of $14,996.25 to Laerdal Medical Corp. for five (5) Automatic Electronic Defibrillators (AED) for use by the Fire Department, with funding from 115-2311-522-64.90 (Special Projects Fire Department - Other Machinery/Equipment). 4. Purchase award in the total amount of $10,395.00 to P.B.& S. Chemical Company for the purchase of potassium permanganate to be used for testing for color reduction in the water, with funding from 441-5122-536-52.21 (Water Treatment and Storage/Chemicals). -3- Regular Commission Meeting August 18, 1998 5. Purchase award in the total amount of $12,450.00 to Eimco Process Equipment Company, sole source provider, for the purchase of preventative maintenance replacement parts for the vacuum filters at the Water Treatment Plant, with funding from 441-5122-536-46.20 (Water Treatment and Storage/Equipment Maintenance). 6. Bid award for multiple annual contracts in the estimated annual amount of $81,974.75 to various vendors (Hardrives of Delray, L.B. Trucking & Construction, D.S. Eakins Construction, and Cabrera & Rego) for various road construction materials, with funding from Streets Division and Construction Division FY 1999 operating budgets. 9. Regular Agenda: A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: Consider an appeal of SPRAB's action to approve the Class III site plan modification, landscape plan and architectural elevations associated with the renovation of an existing commercial building and construction of an off-site parking lot for Formano Properties, specifically as to the dedication of right-of-way. The subject property is located on N.E. 4th Avenue, between N.E. 2nd and 3rd Streets. QUASI-JUDICIAL PROCEEDING B. CONDITIONAL USE REOUEST/VILLAS DELRAY: Consider a request for conditional use approval to establish a residential density in excess of 30 units/acre within the Central Business District (CBD) for Villas Delray, a proposal involving two potential development scenarios. The subject property is located at the southeast corner of N.E. 4th Avenue and N.E. 1st Street. QUASI-JUDICIAL PROCEEDING C. CLOSEOUT CHANGE ORDER ~1 & FINAL PAYMENT/LEDBETTER ELECTRIC (MILLER PARK LITTLE LEAGUE FIELD ~1 EMERGENCY ELECTRICAL REPAIRS): Consider approval of closeout change order %1 in the net deduct amount of $4,376.07 and final payment in the amount of $1,704.05 to Ledbetter Electric, Inc. for completion of the Miller Park Little League Field %1 emergency electrical repairs project; with funding from 334-4173-572-63.90 (Miller Park Lighting). D. REQUEST FOR RELEASE OF LIENS: Consider a request from Mr. Josh Smith, Jr. for release of liens and other charges assessed against property located at 221-223 S.W. 13th Avenue. E. REQUEST FOR REDUCTION OF LIEN: Consider a request from Dennis and Emilie Hoinig to waive the accrued interest and administrative fees assessed against a vacant tract of land adjacent to their property at 526 N.W. 8th Avenue. F. REQUEST FOR ADDITIONAL FUNDING FROM THE JOINT VENTURE: Consider a request from the Joint Venture for additional funding in the amount of $5,000 to help offset a budget --4- Regular Commission Meeting August 18, 1998 shortfall incurred as the result of unanticipated expenses related to the Christmas Tree project. G. CONSENT TO ASSIGNMENT/RAMBLIN' ROSE RIVERBOAT, INC.: Consider approval of a request to assign the license agreement for the Ramblin' Rose Riverboat from Dane Mark to Gray Line Water Tours. PALM ACTS CONTRACT: Consider authorizing the sending of a thirty (30) day written notice to Palm Acts, Inc. of the City's intent to terminate the contract. I. FY 1999 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of the proposed FY 1999 golf rates for the Municipal Golf Course. J. FY 1999 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed FY 1999 golf rates for the Lakeview Golf Course. K. FY 1999 TENNIS CENTER RATES: Consider approval of the proposed FY 1999 rates for the Municipal Tennis Center. L. SPECIAL EVENT REQUEST/4TH ANNUAL STREET CRAFT FESTIVAL: Consider a request for special event approval to hold the 4th Annual Delray Beach Street Craft Festival on September 12-13, 1998, including a temporary use permit for the use of N.E./S.E. 4th Avenue one block north/south of Atlantic Avenue, and staff support for barricading and security. M. SPECIAL EVENT REQUEST/2ND ANNUAL GODZILLA, SUSHI & HOT BIKES FESTIVAL: Consider a request for special event approval to hold the 2nd Annual Godzilla, Sushi and Hot Bikes Festival on October 10, 1998, including a temporary use permit for the use of Railroad Avenue, banners on Atlantic Avenue more than one week before the event, use and set up of the City stage, and staff support for barricading and security. N. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint four (4) members to the Planning and Zoning Board for two year terms ending August 31, 2000. The appointments will be made by Mayor Alperin, Commissioner Schmidt, Commissioner Egan and Commissioner Ellingsworth. O. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint four (4) members to the Site Plan Review and Appearance Board for two year terms ending August 31, 2000. The appointments will be made by Commissioner Ellingsworth, Commissioner Randolph, Mayor Alperin and Commissioner Schmidt. P. APPOINTMENTS TO THE HISTORIC PRESERVATION.BOARD: Appoint four (4) members to the Historic Preservation Board for two year terms ending August 31, 2000. The appointments will be made by Mayor Alperin, Commissioner Schmidt, Commissioner Egan and Commissioner Ellingsworth. -5- Regular Commission Meeting August 18, 1998 Q. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint three regular members to the Board of Adjustment for two year terms ending August 31, 2000. The appointments will be made by Commissioner Ellingsworth, Commissioner Randolph and Mayor Alperin. R. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint four (4) members to the Board of Construction Appeals for two year terms ending August 31, 2000. The appointments will be made by Commissioner Randolph (general contractor), Mayor Alperin (air conditioning contractor), Commissioner Schmidt (electrician), and Commissioner Egan (engineer). S. APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint four (4) members (including one resident member) to the Delray Beach Housing Authority, three to 4-year terms ending July 14, 2002, and one to fill an unexpired term ending July 14, 2001. The appointments will be made by Mayor Alperin, Commissioner Schmidt, Commissioner Egan (resident member), and Commissioner Ellingsworth (for unexpired term). T. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint a member to the Downtown Development Authority for a three year term ending July 1, 2001. The appointment will be made by Mayor Alperin. U. APPOINTMENTS TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION (PERC): Appoint a regular member and an alternate member to the Public Employees Relations Commission for four year terms ending June 30, 2002. The appointments will be made by Commissioner Randolph and Mayor Alperin. V. APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint two regular members and an alternate member to the Civil Service Board for two year terms ending July 1, 2000. The regular member appointments will be made by Commissioner Ellingsworth and Commissioner Randolph, with the alternate member appointment by Mayor Alperin. W. APPOINTMENTS TO THE EDUCATION BOARD: Appoint three regular members to the Education Board for two year terms ending July 31, 2000. The appointments will be made by Commissioner Schmidt, Commissioner Egan and Commissioner Ellingsworth. X. APPOINTMENTS, TO THE POMPEY PARK ADVISORY COMMITTEE: Appoint three citizen members to the Pompey Park Advisory Committee for two year terms ending September 13, 2000. The appointments will be made by Mayor Alperin, Commissioner Schmidt and Commissioner Egan. 10. Public Hearings: A. ORDINANCE NO. 29-98: An ordinance amending Section 5.3.1(D), "Right-of-Way Dimensions", of the Land Development Regulations to provide that requests for a reduction of right-of-way width -6- Regular Commission Meeting August 18, 1998 required for existing streets shall be under the administrative authority of the City Engineer. B. ORDINANCE NO. 30-98 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the LDRs by removing adult entertainment uses as conditional uses in the GC and MIC zoning districts and allowing adult entertainment uses as permitted uses in the MIC zoning district; and providing for the further regulation of adult entertainment uses within the City of Delray Beach. If passed, a second public hearing will be scheduled for September 8, 1998. C. ORDINANCE NO. 31-98 (FIRST READiNG/FIRST PUBLIC HEARING): An ordinance amending the LDRs by removing adult entertainment uses as a conditional use in the GC zoning district; and providing for the further regulation of adult entertainment uses within the City of Delray Beach. If passed, a second public hearing will be scheduled for September 8, 1998. 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: A. ORDINANCE NO. 32-98: An ordinance rezoning Lots 262 and 263, Tropic Palms Plat No. 1, from R-1AA (Single Family Residential) District to OSR (Open Space and Recreation) District in conjunction with the Leon M. Weekes Environmental Preserve improvements. The subject property is located at the northeast corner of Albatross Road and the unimproved portion of Curlew Road. If passed, a quasi-judicial public hearing will be scheduled for September 15, 1998. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -7- WHEREAS, Lt. Steve Zickl, Ocean Lifeguards Heather Hansen, Fred Burwell, Walter Baum, David Bezotte, Tom Hemenway, James McLaughlin, Kerry Sullivan, Chris Wiley, Jennifer Koss, Brandy Mayhew, Brent Tracy, and Rob Massotti instructed 41 young people from 10 to 16 years of age in the 1998 Delray Beach Ocean Rescue Junior Lifeguard Summer Program; and WHEREAS, said instruction included mock rescue drills, first aid, cardio pulmonary resuscitation (CPR), swimming, running, paddling, surf dash, kayaking, and beach flags; and WHEREAS, information concerning hazards such as lightning, hazardous marine life such as Portuguese Man-O-War, stingrays and predatory fish, waterspouts, hurricanes, and marine ecology was given to the Junior Lifeguards; and WHEREAS, the 41 Junior Lifeguards in the summer program are as follows: Daniela Adriaenssens J.W. Black Caroline Brewer Alison Bull Stuart Bull Alyssa Castor Michael Chanley Keri Debowes Josh Denahan Shannon Driscoll Kiera Dunn Lyndi English Keith Fontes Nicole Fontes Michael Goranson Cale Hobson Ross Jones Zac Jones Jillian Kenney Kyle Kirk Samantha Marrone Rennie McCollom Holden Miller Jeffrey Mroz Corey Pearson Laura Quintero Billy Robertson Bren Santini Lia Santos Matthew Saunders Allison Segal Jason Sjaardema J.J. Sjaardema Blaikie Snyder Lauren Snyder Jeff Stanton Michael Talovelli Jay Vanderlyn Vance Vlasek Jennifer Wallin Billy Wheeler WHEREAS, Junior Lifeguard Lauren Snyder voices the aspirations of all the Junior Lifeguards in the summer program in her acronym for L.I.F.E.G.U.A.R.D.S. - LEADERS, INTELLIGENT, FEARLESS, ENDURANCE, GLORIOUS, UNSTOPPABLE, ATHLETIC, RESCUE, DEDICATED and SAFETY. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby commend and recognize the 1998 Delray Beach Ocean Rescue Junior Lifeguards for their commitment to education, performance and duty to help others. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 18th day of August, 1998. MAYOR JAY ALPERIN Agenda Item No.: AGENDA REQUEST Date: Au§ust 10, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: August 18, 1998 Description of agenda item (who, what, where, how much): Presentation of Proclamation honoring the 41 Junior Lifeguards who completed the Delray Beach Ocean Rescue 3unior Lifeguard Summer Pro~ram. ORDINANCE/ RESOLUTION REQUIRED: YES~NO~ Draft Attached: YES/NO Recommendation: Present Proclamation. Department Head Signature: ~~ ~ Determination of Consistency wi~Comprehensive ·Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds}: Funding available: YES/ NO Funding alternatives: (if appliCable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved WHEREAS, Lt. Steve Zickl, Ocean Lifeguards Heather Hansen, Fred Burwell, Walter Baum, David Bezotte, Tom Hemenway, James McLaughlin, Kerry Sullivan, Chris Wiley, Jennifer Koss, Brandy Mayhew, Brent Tracy, and Rob Massotti instructed 41 young people from 10 to 16 years of age in the 1998 Delray Beach Ocean Rescue Junior Lifeguard Summer Program; and WHEREAS, said instruction included mock rescue drills, first aid, Cardio Pulmonary Resuscitation, swimming, running, paddling, surf dash, kayaking, and beach flags; and WHEREAS, information concerning hazards such as lightning, hazardous marine life such as Portuguese Man-O-War, stingrays and predatory fish, waterspouts, hurricanes, and marine ecology was given to the Junior Lifeguards; and WHEREAS, the names of the 41 Junior Lifeguards in the summer program are as follows: Daniela Adriaenssens, J.W. Black, Caroline Brewer, Alison Bull, Stuart Bull, Alyssa Castor, Michael Chanley, Keri Debowes, Josh Denahan, Shannon Driscoll, Kiera Dunn, Lyndi English, Keith Fontes, Nicole Fontes, Michael Goranson, Cale Hobson, Ross Jones, Zac Jones, Jillian Kenney, Kyle Kirk, Samantha Marrone, Rennie McCollom, Holden Miller, Jeffrey Mroz, Corey Pearson, Laura Quintero, Billy Robertson, Bren Santini, Lia Santos, Matthew Saunders, Allison Segal, Jason Sjaardema, J. J. Sjaardema, Blaikie Snyder, Lauren Snyder, Jeff Stanton, Michael Talovelli, Jay Vanderlyn, Vance Vlasek, Jennifer Wallin and Billy Wheeler; WHEREAS, Junior Lifeguard Lauren Snyder voices the aspirations of all the Junior Lifeguards in the summer program in her acronym for L.I.F.E.G.U.A.R.D.S. - leaders, intelligent, fearless, endurance, glorius, unstoppable, athletic, rescue, dedicated and safety; NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, do hereby proclaim IN WITNESS WHEREOF, I have hereunto set my hand and cause the Official Seal of the City of Delray Beach, Florida, to be affixed this 18th day of August, 1998. MAYOR JAY ALPERIN /. WHEREAS, an estimated 90 million adults do not '~ have the literacy skills required to fully participate in society; and WRI~REAS, adult illiteracy costs society an estimated $225 billion a year in lost industrial productivity, unrealized tax revenues, welfare, crime, poverty, and related social ills; and WM~R~AS, literacy is a crucial step in preparing adults for the workforce; and W~gR~AS, in Palm Beach County it is estimated that as many as 100,000 adults lack basic literacy skills; and W~EREAS, 40% of children in the fourth grade do not test at grade level in reading; and W~EREAS, the Palm Beach County Literacy Coalition serves to promote the learning of basic reading, writing, English and mathematic skills and to engage in programs to further literacy within our county; and WT{EREAS, elementary school children and staff all over Palm Beach County will be celebrating International Literacy Day on September 9, 1998, wearing "READ WITH ME" stickers; and W~EREAS, many businesses will be competing in the Coalition's 'Great Grown-Up Spelling Bee" on September 26, 1998, to raise literacy awareness; and WHEREAS, the Literacy Coalition is asking each individual in Palm Beach County to initiate or renew the reading habit; and WHEREAS, as part of the America Reads Challenge, The Literacy Coalition is asking each parent in Palm Beach County to read with their child 30 minutes a day. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim September, 1998 as LITERACY AWARENESS MONTH in Delray Beach, Florida, and urge all citizens interested in acquiring services or information regarding literacy to contact the Palm Beach County Literacy Coalition. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 18th day of August, 1998. MAYOR JAY ALPERIN PALM BEACH COUNTY ' ' :'- Dear Mayor: LITERACY The Palm Beach County Literacy Coalition is a non-profit organization CO/~,LITII::JIM whose mission is to promote literacy and provide referral and assistance to EXECU'nVECOUWm~ those in need as well as recruit volunteers to serve as literacy tutors. We President MarkJ. Burger manage a Literacy Hotline, a family literacy program in Belle Glade, and Certified PuOlic Accountant WcePres~dent have many educational programs relating to workplace literacy, literacy Cheryl Crowley ImMEDIAcy ~retary awareness, and issues relating to persons with limited English proficiency. Trip Moore U.S. Trust Company of Rorida Treasurer JonalhanBrookshire September is Literacy Awareness Month and we are asking each local Norlhem Trust Bank Pariiamentarian municipality to issue a proclamation recognizing this special month. Tooy Newbold FIohdaPower&Ught September wi_Il be full of literacy activities such as the REA..D WrTH ME ~astP~es~dants day on September 9 (International Literacy Day) and the "Great Grown-Up DanaP~ckard Spelling Bee" on September 26. There will be an extensive public Edwards & Angell AttomeyKennethG'SpilliaSatL~w relations campaign with a focus on encouraging the public to refer literacy Gale G. Howden students to the Literacy Hotline and to encourage people to volunteer as The Palm Beach Post DIRECTORS tutors. Mary Arpe Gelfand & Arpe, P.A. NorthernMichaelJ'BracCiTrust Bank We believe this awareness campaign celebrated in your community will MelanieBrenner benefit your residents and the county at large. Enclosed is a sample AT&T Wire~ess Sen,rices ~d~h c. B,s~ proclamation. Please feel free to contact the Coalition (1-800-273-1030 or Assault on Illiteracy SunTr~tUnda CaSeYBank 561-279-9103) with any questions. Larry Coup Palm Beach County School District Jee OeSant~s Thank you for your consideration. MBNA Marketing Systems, Inc. Steven Fig/el NationsBank Kamen Fodner · evenger Sincerely, WPEC News 12 Susan Howsmon Gunster, Yoakley, Valdes-Fauli & Stewart. P.A. Rebecca H. Isiminger Junior League of the Palm Beaches Yvr~ne Keamey ~,~ Darlene Kostrub Lois Kwasman Lois Kwasman Creative Executive Director Brian Lawlor ,I WPW NewsChannel 5 Cinde ,a*n RECEIVED The Palm Beach Post Kenneth Montgomery .7/~/9~ Workforce Development Board Dr Kristen Murtaugh Florida AUantic University Or. Gordon arks CiTY CLERK Training & Development Consultant RoDert J. Patterson Firsl Union Bank Kathleen K. Perinoff Palm Beach County Library System Lizette Rodriguez-Bretz - Palm Beach Community College Lee Sban Paxso~ Communica[tees, los. Ka~y Trumbull Sun-Sentinel . Run Tu[o Motorola Joan Willi~ns Searcy Denney Scarola I~arnhart & Shipley EXECUTIVE DIRECTOR Darlene Kostrub ~ 551 SE 8th Street · Suite 101 · Delray Beach, Florida 33483-5183 Uteracy Hotline 1~00-273-1030 · Office (561 ] 279-9103 · FAX [561 ] 265-3579 ww~.gopbi.com/commun~in~pbcl~racy PROCLAMATION OF THE CITY OF DECLARING SEPTEMBER AS LITERACY MONTH WHEREAS, an estimated 90 million adults in the United States do not have the literacy skills required to fully participate in society; and WHEREAS, adult illiteracy costs society an estimated $225 billion a year in lost industrial productivity, unrealized tax revenues, welfare, crime, poverty, and related social ills; and WHEREAS, literacy is a crucial step in preparing adults for the workforce; and WHEREAS, in Palm Beach County it is estimated that as many as 100,000 adults lack essential literacy skills; and WHEREAS, 40% of children in the fourth grade do not test at grade level in reading; and WHEREAS, THE PALM BEACH COUNTY LITERACY COALITION seeks to promote the learning of basic reading, writing, English, and mathematic skills and to engage in programs to further literacy within our county; and WHEREAS, elementary school children and staff all over Palm Beach County will be celebrating International Literacy Day on September 9 wearing READ WITH ME stickers; and WHEREAS, many businesses will be competing in the Coalition's "Great Grown-Up Spelling Bee" on September 26 to raise literacy awareness; and WHEREAS, The Literacy Coalition is asking each individual in Palm Beach County to initiate or renew the reading habit; and WHEREAS, as part of the America Reads Challenge, The Literacy Coalition is asking each parent in Palm Beach County to read with their child 30 minutes a day. NOW, THEREFORE, BE 1T PROCLAIMED BY THE City Council assembled in regular session this the day of ,1998, that the month of September is hereby proclaimed LITERACY AWARENESS MONTH in and this Council urges all citizens interested in acquiring services or information regarding literacy to contact The Palm Beach County Literacy Coalition. WHEREAS, we are living in a world of nations whose interdependence makes unity and respect for diversity a priority for the survival and advancement of our civilization; and WHEREAS, peace begins when we, of one mind and heart, unite to release our world from the threat of nuclear warfare and terrorism, our cities from violence and crime and ourselves from prejudice and animosity; and WHEREAS, ethics should be available in every classroom with every teacher helping to provide conflict resolution with parental involvement. May children be taught not to become addicted to using drugs, alcohol, tobacco or guns; and WHEREAS, we should endeavor to encourage a reformed United Nations, our military, and all governments to protect our human rights, health, education and our environment not based on fear but on trust, not on law of force but on the force of law. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim September 15, 1998 as INTERNATIONAL DAY OF PEACE in Delray Beach, Florida, and ask all residents to share in the peacemaking process by joining in with the United Nations Assembly with moments of silence on Peace Day and continue with thoughts and actions to promote peace and justice in our community, our state and among all nations to create in unity a better world. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 18th day of August, 1998. MAYOR JAY ALPERIN SEAL I0 Igg8 iCl'fY COMMISSION_ PEACE TO OUR MAYORS TO OUR GOVERRNORS TO OUR HEADS OF STATE Greetings, one and all At the present time we are at a crossroads in our decision making. Our future is being created by all of us. It can lead to disaster or we can become involved in creating a peaceful world with your assistance. Since 1981 the United Nations has provided a resolution by the General Assembly to dedicate and observe the third Tuesday of September as International Peace Day which shall be devoted to commemorating and strengthening the ideals of peace in the community, in the state and among all nations. A recommended Peace Proclamation is enclosed. Please use or edit it, or you may want to prepare your own proclamation. Some communities celebrate all week as Peace Week. With this Peace Proclamatiion we suggest you create a Citizen Task Force to help you promote ethics and conflict resolution in your schools, even in the prisons. Encourage them to continue their involvement throughout the year. With sincere thanks and gratitude for your past and your present contribution to peace. RespeCtfully yours. Helen Tittle King,- Coordinator Uniting for Peace 1199 Highland Avenue Largo, FL 33770 (PEACE is for personal use to share-to frame) PEACE PROCLAMATION WHEREAS, we are living in a world of nations whose interdependence makes unity and respect for diversity a priority for the survival and advancement of our civilization, and WHEREAS, peace begins when we, of one mind and heart, unite to release our world from the threat of nuclear warfare and terrorism, our cities from violence and crime and ourselves from prejudice and animosity, and WHEREAS, ethics should be available in every classroom with every teacher helping to provide conflict resolution with parental involvement. May children be taught not to become addicted to using drugs, alcohol, tobacco or guns, and, WHEREAS, we should endeavor to encourage a reformed United Nations, our military, and all governments to protect our human rights, health, education and our environment not based on fear but on trust, not on the law of force but on the force of law, and WHEREAS, in order to promote peace for all humanity, the third Tuesday, September 15 has been declared INTERNATIONAL DAY OF PEACE WHEREAS, may we all share in the peacemaking process by joining in with the United Nations Assembly with moments of silence on Peace Day and continue with thoughts and actions by a Task Force to promote peace and justice in our community, our state and among all nations to create in unity a better world. NOW, THEREFORE, I by virtue of the authority invested in me as , do hereby proclaim Tuesday, September 15 as International Day of Peace. IN WITNESS THEREFOR, I have hereto set my hand and seal affirmed P praying dailyforguidance, for wisdom, to serve where and ivhen needed, to evyress gratitude and thanks. E eliminating_ negative thoughts andactions & hate, prejudice, -fear, greed, anger and addictiveness. A accen'_ttng the positive in wordand deedwith a smile - love, faIth, hope, trust, patience and forgiveness. C c hallengingyourselfto respect diversity, to share and turn swo/dd into ploughshares for a better world. E ena~i_~your day e~eriencing earthlypeace and ending your l~e enjoying peace eternally. Helen Tittle King 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 DATE: August 13, 1998 SUBJECT: Presentation of Appreciation from BankAtlantic CC: Alison MacGregor Harty, City Clerk Maureen Hanley, Affordable Housing Lending Specialist from BankAtlantic, would like to present a note of appreciation to the City for their subsidy assistance in the purchase of a home for Angela Wilkerson under the Renaissance Program. Ms. Wilkerson is the 200th loan for BankAtlantic and they would like to present her with a house warming basket and a minute of thanks to the City at the August 18, 1998 City Commission meeting. I have informed Ms. Hanley that the presentation would need to be 2-3 minutes in length and I would relay this request to you. Thank you for your consideration. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY Mg2XlAGER SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF AUGUST 18, 1998 CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/LOUISBOURG CONSTRUCTION CORPORATION (SILVER TERRACE IMPROVEMENTS) DATE: AUGUST 12, 1998 This is before the Commission to approve closeout Change Order #1 in the net deduct amount of $62,694.75 and final payment in the amount of $33,448.26 to Louisbourg Construction Corporation for completion of the Silver Terrace roadway and utility improvements project. The change order reflects the final as-built measured quantity adjustments as compared to the original contract, and also includes a negotiated deduct $20,000 settlement to account for contract time overruns. After adjusting for the change order, the final payment amount is $33,448.26. Funding for the project will be as follows: $32,314.53 from 118-1965-554-61.20 (Community Development Capital Outlay - Silver Terrace Road) and $1,133.73 from 441-5161-536-63.47 (W&S Capital Outlay - Silver Terrace). Recommend approval of closeout Change Order #1 and final payment to Louisbourg Construction Corporation for the Silver Terrace improvements project. ref:agmemo9 Agenda Item No. ~ AGENDA REQUEST Date: August8, 1998 Request to be placed on: X Regular Agenda Special Agenda - Workshop Agenda When: August 18, 1998 Description of item (who, what, where, how much): Staff request City Commission to approve Change Order %1. Final to Louisbourg Corporation for the Silver Terrace Roadway and Utility Improvements (96-10). The Change Order accounts for the final as-built measured quantity adjustments as compared to the original Contract; and a negotiated settlement for contract time overages. Schedule "A" attached to the Change Order specifically references these adjustments. The amount of Change Order %1, Final is a net deduct of - $62,694.75 Approval is also requested for final payment to Louisbourg Corporation in the amount of $33,448.26 for the project. A Contractor Evaluation is attached for your review. Funds liquidated from the Project back to their respective accounts as follows: $14,517.89 from account 334-3162-541-61.17(Gen Fund-Street Reconstruction), and $48,176.86 from account 441-5161-536-63.47 (W/S - Water Mains). YESO ORDINANCE/RESOLUTION REQUIRED: YES~/D~FT ATTACHED Recommendation: Staff requests City Commission to approve Change Order No. 1, Final and Final Pa yment to ~i%b~rp~~,n. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (r~red on all items involving expenditure of funds): Funding available: YES, NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: ApprovedHold Until: for agenda: Agenda Coordinator Review: Received: ~ ~ ~ ~/~-~ ~~ Placed on Agenda: ~_~/~/~~.~ Action: Approved/Disapproved .. Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction Division Date: August 8, 1998 Re: Change Order No. 1, Final - Silver Terrace Roadway and Utility Improvements Attached for Commission approval is an agenda request for Change Order #1, Final to Louisbourg Construction Corporation for the above referenced project. The Change Order includes a net deduct amount of 42,694.75 for the final as-built measured quantity adjustments as compared to the original Contract. It also includes a negotiated settlement deduct for liquidated damages for $20,000.00 (see attached letter from Holland and Knight) to account for Contract time overages. Schedule "A" attached to the Change Order specifically references these adjustments. The amount of Change Order #1, Final is a net deduct of $62,694.75. Approval is also requested for final payment to Louisbourg Corporation. in the amount of $33,448.26 for this project. A Contractor Evaluation is attached for your review. Funds will be liquidated from the project back to their respective accounts as follows: $14,517.89 to/from account 334-3162-541-61.17, General Fund/Street Recnstrctn $48,176.86 to/from account 441-5161-536-63.47, Water & Sewer Fund/Silver Terrace, for a total of $62,694.75, the total deduct Change Order amount, leaving a balance of $33,448.26 for the final payment. CC: File: Memo to City Manager 96 - 10A CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINA~ CONTRACT CHANGE ORDER #1, FINAL PROJECT NO. 96-10 DATE: PROJECT TITLE: Silver Terrace Roadway and Utility Improvements TO CONTRACTOR: Louisbourg Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: See attached Schedule "A" SL%qMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $577,177.32 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $577,177.32 COST OF CONSTRUCTION CHANGES THIS ORDER -$ 62,694.75 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $514,482.57 PER CENT DECREASE THIS CHANGE ORDER -11% TOTAL PER CENT DECREASE TO DATE -11% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. Louisbourg Corporation (Sign & Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER liquidate from the Project account (-$62,694.75) 441-5161-536-63.47 to be redistributed in 334-3162-541-61.17 (Gen Fund - Street Reconstruction) for $15,000.00; 441-5161-538-63.50 (W/S - Water Mains) for $23,000.00; and 441- 5161-538-63.51 (W/S - Sewer Mains) for $24,694.75. DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By for Environmental Services Jay Alperin, Mayor ATTEST: APPROVED: By: City Attorney City Clerk o o o o o o o 0i o~oo o o o o ~o o o o oo o. ~. ~. o. cl. o ~ , [ 0 o 0 ~ o o ~ o o , 0 0 ~ ~ 0 ~ , , ,~ , , ~,~ , ~ ~ ~ ~ ~ ~ 0 0 Z 0 oO ~0~j' -- O, ~ 3 ,o ~ ~ ~ ~> < o L ~ ~ m _ HOLLAND & I GHT LLP M~I, ~ ~131 ~1~ July 30, i998 S~ Ru~, Esq, ~ S. Sw~o~ Ayenue De~ay Beach, FL S~v~ Te~ace ~adway ~ U~ ~pr~men~ ~l~ of ~ Beach (the "Ci~'9 ~t N~. 96-10 (~ "~oject") ~bour= ~n~tion Colorado= C~u~bourW') ~ar ~. Kuby: ~ ~s~s~ du~g our meet~ Ju~ 29, 1998, Lo~bo~g ~d the Ci~ have a~eed, p~g appro~ By the Ci~ C~ion on Aunt 18, 1998 ~ the follo~ deductive Ch~Ee ~der f~ ~he ~0,~,~ ~ ~u ~nd ~. How~d Wight ve~ muFn for yo~ ~sMt~ ~ ~ mawr. Ve~ ~ ~u~, HOL~ & ~IOHT LLP ~; ~. 8~ ~uk & Mr, Gle~ Bl~don ~&4~03 MEMORANDUM TO: ~MA~OR AND CITY COMMISSIONERS FROM: ~/CITY MJ~AGER SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF AUGUST 18, 1998 CONTRACT ADDITION (C.O. #i)/INTERCOUNTY FOUNDATION, INC. (LAKEVIEW CLUBHOUSE DRAINAGE) DATE: AUGUST 12, 1998 This is before the Commission to approve a contract addition (C.O. #1) in the amount of $15,000.00 with Intercounty Foundation, Inc. under the Bucida Road Water Main and Drainage Improvements contract. The scope of the additional work includes the relocation of existing storm drainage which presently runs under the corner of the Lakeview Golf Course clubhouse. This work was originally scheduled to be done in-house. However, due to our current work backlog and the scheduling requirements for the clubhouse construction, four quotes were obtained from outside contractors and it is recommended Intercounty Foundation do the work under a contract addition. The drainage structures and piping have already been purchased by the City and will be furnished to the contractor. Funding will be from 448-5411-538-63.67 (Stormwater - Lakeview). Recommend approval of the contract addition (C.O. #1) with Intercounty Foundation, Inc. ref:agmemo6 Agenda Item No.: ~) AGENDA REQUEST Date: August 7, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: AugustlS,1998 Description of item (who, what, where, how much): Staff requests City Commission to approve a Contract Addition (C.C.#l) to Intercounty Foundation, Inc. for the Bucida Road Water Main and Drainage Improvements - (98-54). C.C. #1 encompasses the relocation of existing storm drainage which presently runs under the corner of the Lakeview Clubhouse building being constructed under separate Contract. Drainage structures and piping will be furnished by the City Total costs for C.C. #1 is $15,000.00. Funding Source is 448-5411-538-63.67 (Lakeview Drainage P.N. 98-46)) ORDINANCE/RESOLUTION REQUIRED: YES/0DRAFT ATTACHED YES/~ Recon~endation: Staff Re comm~s~a~~, of~~, Order #1 ~ Department Head Signature: ~__~ ~_-- ,~ ~l~S Determination of Consistency with Comprehensive Plan: City Attorney Review/Reconm~endation (if applicable): Budget Director Review (r~red on all items involving expenditure of funds): Funding available: ~YES~NO Funding alternatives~ (if applicable) Account No, & DesDription N.~/ ~-..4-~//-~ $~-~ S. ~ ~ ~/~n ~x'L)d Zg~ --J4A~/~'/ r&6 Account Balance ~ ~',~ L~ ~/~ ~/// /~ ~'~. ~3" City Manager Review: Approved for agenda:~/NO ~//~, Hold Until:, Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen9612.doc Memorandum To: David T. Harden, City Manager /, From: Howard Wight, Dep Director of Constr~ Date: August 7, 1998 Re: Bucida Road Water Main and Drainage Improvements (Project 98-54) Contract Addition - Relocation of Existing 30" CMP Outfall at Lakeview Golf Course (PN 98-46) Attached for Commission approval is an agenda request for a Contract Addition (C.O. #1) to Intercounty Foundation, Inc. on the above referenced Project. It is for relocation of a portion of existing 30" corrugated metal pipe (CMP) which currently runs under a the Lakeview Golf Course Clubhouse. The scope of work includes the installation of three manholes; sixty feet of reinforced concrete pipe (RCP); and grouting the abandoned section of pipe under the building. The precast drainage structures and RCP for this project have already been purchased by the City and will be furnished to Intercounty. This work was not included in the bid for the Clubhouse and was scheduled to be constructed by the in-house construction crew. Due to the backlog of water main construction currently being installed by the utility crew and the scheduling requirements of the Clubhouse construction bids were solicited from contractors. Prices solicited and received were: Intercounty Foundation $15,000.00 Molloy Brothers, Inc. $15,060.00 Chaz Equipment No Bid Johnson and Davis No Bid Installation costs received are representative of the work to be performed. Funding Source is 448-5411-538~63.67 (Lakeview Drainage) CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 (Contract Addition) PROJECT NO. 98-54 DATE: PROJECT TITLE: Bucida Road Water Main and Drainage Improvements TO CONTRACTOR: Intercounty Foundation, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR TI-HS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Provid all labor and equipment to relocate a portion of the 30" CMP and grout existing abondoned pipe at Lakeview Golf Course. Work is to be constructed per attached proposal dated 7/22/98 and per CDB plans sheet C1A of CIA titled "Lakeview Golf Course Clubhouse Drainage Relocation Plan" dated March 1998. Precast drainage structures (3 ea) and reinforced concrete pipe (64 LQ to be furnished by the City. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $104,525.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $104,525.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 15,000.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $119,525.00 PER CENT INCREASE THIS CHANGE ORDER 14.4% TOTAL PER CENT INCREASE TO DATE 14.4% 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. IOntercounty Foundation, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Source is 448-5411-538~63.67 (Lakeview Drainage) DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk Augt~s~ 07, 1998 City Of Delray Beach 454 South Swinton AVe Deiray Beach, FL 33444 Attn: Howard White ~evie,~- Golf Course Clubhouse Relocation Plan Dear Howard, Per your request, the following proposal for Lakeview Golf Course Clubhouse Drainage Relocation' Plan is submitted for your apprOval. Furnish labor and equipment to install owner furni~aed pipe and manhole. In.ter¢ounty Foundation will grout existing section' of Pipe'that is to be abandoned. Lump. sum Proposal $15,000.00 if you have any questions please call. Sincerely, Vic -. ,ident P,.) )CoX - '0~/87,,":~9~-" ~-'-,, ,~2 '~57'~2cI~8~. ...... 888r~88 HOLLOVYDER RAGE 01 MOLLOY BROS., lNG, E~IGIN£ERING CONTRACTORS ;lOC) NW 27th Ave. / I=t. Lauderda~e, FL 33311 Thank~¥ou Thorna~W. 08/08/98 14:02 FAX 15612785149 Chaz Equipment ~02 1855 Dr. Andre's Way, Unit 5 ~ ~ PH: (561) 278-4451 ~elray Beach, FL 33445 FAX: (561) 278-5149 Augu~ 6,1998 City of Delr~ Beach 434 S. Swimon Avent ~ Delray Beach,. FL 33~ ¢4 Arm: M~. Howard W! ~ht Re. Lakeview Golf C, ,urse Project Dear Mr. Wight: We appreciate the opl: )rmnity to submit a proposalto t. he City regarding the above referenced project. A1 this time we must decline due to our heavy workload in progress. Tba,k you again, and ~lease keep us in mind far future projects for The City of Delray Beach. Sincerely yours, Donnie Oden President JOHNSON-DAVIS INC. HEAVY CONSTRUCTION 604 HILLBRATH DRIVE UNDERGROUND UTILITIES LANTANA, FLORIDA 33462-1694 561-588-1170 FAX 561-585-5252 CU-C043087 August 5, 1998 Mr. Howard Wight City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Re: Drainage Relocation - Lakeview Golf Course Dear Howard: We regret we are not able to submit a price tbr the drainage relocation at the above referenced location due to our current workload. Please keep us in mind for future projects. Robert E. Spink Vice President MEMORANDUM TO: ~YOR AND CITY COMMISSIONERS FROM: ~CITY MJ~AGER SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF AUGUST 18, 1998 CONTRACT ADDITION (C.O. #i)/PAVEX CORPORATION (CART PATHS AT LAKEVIEW GOLF COURSE) DATE: AUGUST 12, 1998 This is before the Commission to approve a contract addition (C.O. #1) in the amount of $43,800.00 with Pavex Corporation under the 1998 Street Resurfacing Projects contract for cart path construction and widening/resurfacing at the Lakeview Golf Course. The scope of work includes construction of about 1,000 linear feet of new cart path and the resurfacing and/or widening of 7,500 linear feet of existing cart path. Two quotes were solicited, with Pavex Corporation being the lowest at $43,800.00. The work is to be completed prior to the golf course reopening on September 8, 1998. Funding will be from 446-4761-572-63.90 (Lakeview Golf Course Capital Outlay - Other Improvements). Recommend approval of the contract addition (C.O. #1) with Pavex Corporation for the golf cart paths at Lakeview Golf Course. ref:agmemoll Agenda Item No.: AGENDA REQUEST Date: August 8, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: August 18,1998 Description of item (who, what, where, how much): Staff requests City Commission to approve a Contract Addition (C.O.#i) to Pavex Corporation for the 1998 Resurfacing Projects - (98-40). C.O. #1 encompasses construction of new; and widening/resurfacing of existing cart paths at the Lakeview Golf Course. Total costs for C.O. #1 is $43,800. Funding Source is 446-4761-572-63.90, Lakeview Golf Course/Other Improvements. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff Recommends a~va~a~e Or. der #1 Department Head Signature: [~ ~~~',~, ~ [/~r--J/~F ! Determination of Consistency with Comprehe~nsive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (r~red on all items involving expenditure of funds): Funding available: FES~NO Funding alternative~-~ (if applicable) Account No. & Description ~- Account Balance~-~__~ ~ ~.~~~~~ .. City~nager ~eview: ~ ' ~nda Coordinator R~vi~: Received: Placed on Agenda: Action: Approved/Disapproved /agen9840.doc Memorandum To: David T. Harden, City Manager From' Howard W~ght, Dep Director of Construction Date: August 8, 1998 Re: 1998 Resurfacing Project (Project 98-40) Contract Addition - Cart Path ResurfacinglReconstruction at Lakeview Golf Course Attached for Commission approval is an agenda request for a Contract Addition (C.O. #1) to Pavex Corporation on the above referenced Project. The scope of work includes construction of approx 1,000 If of new cart path; and widening/resurfacing of approx 7,500 If of existing cart paths. The extensions and widening will provide more pavement surface to reduce damage and associated maintenance costs to sodded areas. The work will be completed on a unit price basis before the September 8, 1998 course reopening. Prices were solicited from Pavex and Wynn and Sons (PB County Contract #96054). A review of the attached quote from Wynn and Sons will show that their price does not even reflect the 1,000 If of new cart paths, only the resurface of existing paths. Prices solicited and received were: Pavex Corporation $43,800.00 Wynn and Sons $49,570.00 The budget for this work was $50,000.00. Funding Source is 446-4761-572-63.90, Lakeview Golf Course/Other Improvements, through a budget transfer. CITY OF DELRAY BEACH CllANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 (Contract Addition) PROJECT NO. 98-40 DATE: PROJECT TITLE: 1998 Resurfacing Projects TO CONTRACTOR: Pavex Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Construct work at Lakeview Golf Course Cart Paths per your attached proposal #2929 dated 8/7/98. All work to be completed on a unit price basis as directed by City staff. SUMMARY OF CoNrrRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 93,453.30 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 93,453.30 COST OF CONSTRUCTION CHANGES THIS ORDER $ 43,800.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $137,253.30 PER CENT INCREASE THIS CHANGE ORDER 46.8% TOTAL PER CENT INCREASE TO DATE 46.8% 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. Pavex Corporation, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Source is DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk 05/07/98 FRI 15:12 FAX 95441:99637 PAI~EX CORP ~001 Pavex Corporation 2501 N.W. 48Th Street Phone: (954)428-8712 Pompano Beach, FL 33073 Fax: (954)429-9637 Quotation and Contract Estimate #: 2929 i Submitted To: Delrey Beach, City Of l{ Date: 8/7198 Purchasing Officer, City Hall t Phone: s~.~. 2vs. =~t~ Fax: ~.,- ~ 100 Northwest 1St Avenue r Job Name: Lakeview Golf Course - Path Overlay ~, Delrey Beach=; FL 32~.~/, I Job Location: Delray Beach, FL ~ Contact: Howard Wight ~ Prop. Owned By: City Of Delray Beach I. i':L A. SPHALT ~Y THE TON 331 2 - Asphalt Type $-3. (400 TN') $75.00/TN ~O,00O,O0 2. Huber Rent,ti wkh Operator and Labor - Golf Cart Pathway(s) ~'ea (approx. 30 Hours), work to include: $S5.01)ftl. R : .,. AddifionaJ . Gulf Cart Patbway(s) area ofap~rox. 9,000 Sq. Feet, work 'to include: inst~.llation of'3" of' $1.25/8Y Bituminous Concrete in ] ~ours~S), Y' Type $-3. $11,250.00 The total bid price is: $43,800.00 Special Notes: ~ No final dress work is in~uded in thig proposal, pri~e includes rough grading by machine. Excludes backfil~ of curbs, landeel~e backfill around building. ~ Customer will be re~p~ible for c~1 of mee~ng all permffting conditon~ imposed by govemmefltal * All exeavatbn and grading t~ be c, ha[ged by ~e hour. Excavated materials ~o remain on ~e, and left ag~j widening areas. Remeval and clean up by C~ of · The 2fl eenerat Terms ~nd Cond~ons on ~he attached sheet are also a part of this q~ot~tion and eoreact. * Unle~ stated ss a specific bid Rem 'quota d~ea no'( include any engineering layout, testing, as bu~its, permit fees, or bond. * Pavex wages appJied to this opotal~an. If th~s project rectuires special o~ prevailing wages unit price maybe effec~ed, and subject to revlon. ' Ouar~titie~ provided by (;lient. plans riot available for review prior to submitting queteo Final payment to be based upon actual quantJt/es in~a~ed a~ determined by ~e!d measurements upon cornple~n. If quanttties provided by C~ent are more than ~ 0% under ~an, Pavex reserves the right to adjure our unit prices. ESTIMATE EXPIRA13ON: This estimate ia valid i'or 30 days, MOB~LtZATII3N$: Price based on a 1 mobiliza~on(s). ACc EPTED: : CON FIRMED: T~ a~,~ ~a,~..~.~. o~e ~l,~nu.~e ~ ~a ~ ~ ~. Pavex Coloron ~gn~'e Silage ~ Date of A~tar~e ~e ,.~..U.~.~eUgh~. Pro~ect,,~anage,r Pa~ l of I WYNN & SONS ENVIRONMENTAL CONSTRUCTION, INC. ' 8465. 1st I.an~ 8o~th Wost Palm Beach, FL 33411 Phone 5(51 Fax 561-686-2433 ~ 30,1998 LAKEVIEW CK)L¥ CLUB ATrN:TOM ARENDT RE:WIDEN EXISTING PA'IHWAY & OVERLAY (7500' x ~';tto 8_') ~ ALI.. PRICES AKE BASED ON PAI~I BEACIt COUNTY ANNUAL PA'FI IWAY & MINOR CONS'rRT :CTION cONrRACT PROJECT # 960.~4 ITF,,M ,77. EXCAVATION 250 (~' (~ $$.00 PER CoY ............................. $2000.00 ITEM #10 4' BASE 1667 SPt' (a~ $5.00 PER S.W ............................ $8339 00 ITEM #28 MISC. ASPHALT 413 TONS ~ $95.00 PER TON ................ $39,235.00 TOTAL PRICE .............................................................................................. $49,570.00 THANK YOU, -'~ .-. ~ R. PRUETT GENERAL MGR. Memorandum TO: David Harden, City Manager FROM: Michael Simon, Interim Community Development Coordinator THRU: Lula Butler, Community Improvement Director ~ DATE: August 11, 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 thc City Commission. Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Programs parmer 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: Lot 10, Block 2, Golf Park / $15,000.00 xxx SE 1st Ave. / $14,050.00 xxx SE lstAve. / $16,400.00 2070 Homewood Blvd. / $ 2,900.00 s:\commun~renprg\comagend.doc AGENDA REQUEST Request to be placed on: Date: August 11. 1998 __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxx Consent Agenda When: August 18, 1998 Description of item · Authorization and approval to issue subsidy to four eligible applicants under the Delray Beach Renaissance Program totaling $ 48.350.00 ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of subsidy award. Funds are to be awarded from the State Housing Initiatives Parmership Program (SHIP). SHIP total $ 48,350.00 Account# 118-1924-554-83.01 Department Head Signature: ~//,,~-~ J~ ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds).'! Funding Available: ~)2qO ~lO'-t,~'-}~, %ll~i~'~ 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-l\cd\rcnprgm\comagend.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 68.02 NAME Jacky and Ellanise Deliverance PROPERTY ADDRESS XXX SE 1st Avenue. Delray Beach LEGAL DESCRPTION North 50 ff of the South 450 ft of East 1/2 of Block 71. Plat Bookl . Page 3 % OF AREA MEDIAN HOUSEHOLD INCOME 47 # IN HOUSEHOLD 7 COST OF CONSTRUCTION $84.050 COST OF LOT $10.500 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 72.000.00 First Bank of Florida RATE 6.50 % LTV ..76.15 % SECOND MORTGAGE $ City of Delray. HOME $ 16.400,00 City_ of Delray. SHIP $ CRA of Delray $ 3,000.00 Housing Authority THIRD MORTGAGE $ 5,000.00 Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Pre-paids $ 305.00 Escrowed $ 600.00 Paid at closing $1.999.00 TOTAL TRANSACTION $ 99.304.00 s:\communXrenprg\subrest.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 68.02 NAME Vemet Estime PROPERTY ADDRESS XXX SE 1st Avenue, Delray Beach LEGAL DESCRPTION North 50 ft of the South 400 ft of East 1/2 of Block 71. Plat Bookl . Page 3 % OF AREA MEDIAN HOUSEHOLD INCOME 37 # IN HOUSEHOLD _5_ COST OF CONSTRUCTION $77.050 COST OF LOT $10.500 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 70.500,00 First Bank of Florida RATE 6,50 % LTV 80.53 % SECOND MORTGAGE $ City of Delray. HOME $ 14.050,00 City_ of Delray. SHIP $ CRA of D¢lray $ 3.000.00 Housing Authority THIRD MORTGAGE $ 3.000,00 Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Pre-paids $ 305.00 Escrowed $ 600.00 Paid at closing $1.946.00 TOTAL TRANSACTION $ 93,401,00 s:\commun~renprg~subrest.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION NO CENSUS TRACT 69.05 NAME Jean Antoine PROPERTY ADDRESS 908 SW 20th Court, Delray Beach LEGAL DESCRPTION Lot 10. Block 2. Golf Park % OF AREA MEDIAN HOUSEHOLD INCOME 80 # IN HOUSEHOLD 4 COST OF EXISTING UNIT $78.000 COST OF REHABILITATION $1.32~ PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 66,000.00 First Bank of Florida RATE 7,00 % LTV 84,62 % SECOND MORTGAGE $ City of Delray. HOME $ 15,000.00 City of Delray, SHIP $ CRA of Delray $. Housing Authority THIRD MORTGAGE $ Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Pre-paids $ 330.00 Escrowed $1.000.00 Paid at closing $1.538.00 TOTAL TRANSACTION $ 83,86,8,00 s:\commun\renprg\subrest.doc 2_, OF_LRA¥ -- GOLF /©~ CONDO ,~ APT5 ~5 z i ' "' U ,? 4.2C AC / 2 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION NO CENSUS TRACT 69,05 NAME Allyn Holt PROPERTY ADDRESS 2070 Hom~wood Blvd, #108, Delray B~i~ch LEGAL DESCRPTION Southwinds at Crosswinds Condo % OF AREA MEDIAN HOUSEHOLD INCOME 61 # IN HOUSEHOLD 2 COST OF EXISTING UNIT $59.000 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 53,100.00 First Bank of Florida RATE 6.50 % LTV 94.91% SECOND MORTGAGE $ City_ of Delray, HOME $ 2.900.00 City. of Delray. SHIP $ CRA of Delray $, Housing Authority THIRD MORTGAGE $ 4,600.00 Federal Home Loan Bank GRANT $. HTF "A" APPLICANT FUNDS Pre-paids $ 305.00 Escrowed $ 500.00 Paid at closing $1.253.00 TOTAL TRANSACTION $ 62,658.00 s:\commun~renprg\subrest.doc "~. 3:::: CARNATION CT > 47DI P25 7 vlf~ 0-.509 (.$7A0) .~7¢u DRACAENA C T MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~/CITY M. g2XlAGER SUBJECT: AGENDA ITEM ~- REGULAR MEETING OF AUGUST 18, 1998 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: AUGUST 13, 1998 Attached is the Report of Appealable Land Use Items for the period August 3rd through August 14, 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 DAV . HAR EN, CITY MANAGER THRU: P RLI TING PLANNING DIRECTOR FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF AUGUST 18, 1~98 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS AUGUST 3, 1998 THRU AUGUST 14, 1998 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the pedod of August 3, 1998 through August 14, 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 4 to 0 (Martin resigned, Fowler and Sittler absent), a request to change the architectural elevations for The Home Depot associated with the relocation of an overhead door for lumber deliveries, at the southeast corner of 1-95 and Linton Boulevard. B. Approved (4 to 0), a request for architectural elevation change to replace the wood exterior facia and siding with vinyl siding for one of the five units at Villas Sobre Del Mar, located at the southeast corner of S.E. 5th Street and S.E. 7th Avenue. City Commission Documentation Appealable Items Meeting of August 18, 1998 Page 2 C. Approved with conditions (4 to 0), a request for an architectural elevation change for the recreation building at La Sedona (to be known as Sierra Vista), located on the west side of Military Trail, approximately 2,800 feet north of West Atlantic Avenue. The changes will make the building consistent with the architectural style of the recently modified residential building elevations. D. Approved with conditions (4 to 0), the perimeter wall elevation changes associated with the replacement of the approved 8' high c.b.s wall with an 8' high decorative wood fence at the Waterway East Restaurant, located at the southwest corner of Atlantic Avenue and Venetian Drive, adjacent to the Intracoastal Waterway. 1. Approved with conditions (5 to 0, Turner and Johnson absent), a request for a Certificate of Appropriateness, a Class II site plan modification, landscape plan and architectural elevation plan associated with a 234 sq. ft. addition for Doc's Grill and Dairy, located at the northwest corner of West Atlantic Avenue and Swinton Avenue. 2. Approved (5 to 0), a request for a Certificate of Appropriateness associated with the construction of a small entrance porch for the cottage to the south of the Rectory building, located at the southwest corner of West Atlantic Avenue and Swinton Avenue. 3. Approved (5 to 0), a request for a Certificate of Appropriateness for the relocation of a contributing single family residence from 35 S.W. '1st Avenue in the Old School Square Historic District to N.W. 4th Avenue in the West Settlers Historic District. 4. Approved (5 to 0), a request for a Certificate of Appropriateness to allow a front porch screen enclosure at 225 Royal Court. 5. Approved (5 to 0), a request for a Certificate of Appropriateness to install hand rails for the front entrance steps in conjunction with the conversion of a single family residence to mixed use residential/office for Fender Renovations, located on the east side of N.W. lStAvenue, south of Martin Luther King Jr. Drive (N.W. 2nd Street). 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 AUGUST 18, 1998 L-.30 CANAL ? :~ LAKE IDA ROAD ATLAN~C S.W. 2ND . LO.ON BOULEVARO LINTON BOULEVARD i I I ~ L ..... J L-58 CANAL C-15 CANAL CITY LIMITS ........... S.P.R.A.B.: H.P.B.' A. - THE HOME DEPOT 1. - DOC'S GRILL AND DAIRY B. - VILLAS SOBRE DEL MAR 2. - THE RECTORY ~ 1 MILE ~ C. - LA SEDONA .3. - .35 S.W. 1ST AVENUE [ J D, - WATERWAY EAST RESTAURANT 4. - 225 ROYAL COURT SCALE 5. -- FENDER RENOVATIONS Cll~F OF DELRAY BEACH, FL PLANNING & ZONING OEPARTMENT -- D/G/fA/_ 8,4SE MAP SYSI'E~ -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF AUGUST 18, 1998 AWARD OF BIDS AND CONTRACTS DATE: AUGUST 14, 1998 This is before the City Commission to approve the award of the following bids and contracts: 1. Bid award in the amount of $15,650 to Golf Management Systems, Inc. for specialized pro shop hardware and software; and purchase award in the amount of $5,235.00 to Gateway, via State contract, for three E-3000 233 computers to operate the new system, with funding in the amount of $5,590 from 445-4713-572-64.11 (Municipal Golf Course Pro Shop/Computer Hardware), $7,875 from 445-4713-572-66.10 (Pro Shop/Computer Software), $3,195 from 446-4713-572-64.11 (Lakeview Golf Course Pro Shop/Computer Hardware), and $4,225 from 446-4713-572-66.10 (Lakeview Pro Shop/Computer Software). 2. Bid award in the amount of $106,800 to Club Car, Inc. for the purchase of eighty (80) golf carts, with funding from 445-4713-572-44.90 (Municipal Golf Course Pro Shop - Other Rental/Lease Costs). Once approved, lease/purchase financing will be secured for approximate annual payments of $30,000 based on 4.75% over 48 months. 3. Purchase award in the total amount of $14,996.25 to Laerdal Medical Corp. for five (5) Automatic Electronic Defibrillators (AED) for use by the Fire Department, with funding from 115-2311-522-64.90 (Special Projects Fire Department - Other Machinery/Equipment). 4. Purchase award in the total amount of $10,395.00 to P.B.&S. Chemical Company for the purchase of potassium permanganate to be used for testing for color reduction in the water, with funding from 441-5122-536-52.21 (Water Treatment and Storage/Chemicals). 5. Purchase award in the total amount of $12,450.00 to Eimco Process Equipment Company, sole source provider, for the purchase of preventative maintenance replacement parts for the vacuum filters at the Water Treatment Plant, with funding from 441-5122-536-46.20 (Water Treatment and Storage/Equipment Maintenance). 6. Bid award for multiple annual contracts in the estimated annual amount of $81,974.75 to various vendors (Hardrives of Delray, L.B. Trucking & Construction, D.S. Eakins Construction, and Cabrera & Rego) for various road construction materials, with funding from Streets Division and Construction Division FY 1999 operating budgets. Recommend approval of the bid and contract awards listed above. ref:agmemo8 ' , Agenda Item No.: AGENq]A REQUEST Date: August 10, 1998 Request to be placed on:, x Regular Agenda Special Agenda Workshop Agenda When: August 18, 1998 Description of agenda item (who, what, where, how much): City Commission is requested to approve a b. id award in the am~llnt of ~15r650 t~ G~]f Man~9~m~n~ Shod hardware and software and to Gateway Comnuter under State contract #108051075 ~Qr three E-3000 233 computers in the amount of $5,235.00 to operate the new system. Funding is available as follows: Municipal Golf Course Pro Shop account #445-4713-572-64.11 computer hardware ($5,590); account #445-4713-57~-~.10 ~nd in the Lakeview Golf Course Capital fund for Clubhouse ImProvements accounts #446-4761-572-64.11 computer hardware $O~~lq~,tR~o~O~T~,0~6~Q~D%uftwa~E~;.~cm~-~,~ =,-,,-.~,,~ ~,~,~_~-~_~.~-,=~ ~,-,____..,.^_~ __ ,o,, -,,-,~ Draft Attached: YES/NO Recommendation: ~-~ I~~0 Department Head Signature: ~~ ~ ~~ Determination of Cousistency 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: Account Balance: ~c~~ (~?~City Manager ~ ~j~o~~~XReview: ~ ~ Approved for agenda: ~/ NO ~'~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved £1TY aF BELAI:IY BEACH DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 AII-AmericaCity 1993 TO: David T. Harden City Manager FROM: ~obert A. Barcinski Assistant City Manager DATE: August 10, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING AUGUST 18. 1998 BID AWARD - COMPUTER HARDWARE AND SOFTWARE ACTION City Commission is requested to approve a bid award in the amount of $15,650 to Golf Management Systems, Inc. for specialized pro shop hardware and software and to Gateway Computer under State contract #108051075 for three (3) E-3000 233 computers in the amount of $5,235.00 to operate the new system. Funding is available as follows: Municipal Golf Course Pro Shop account #445-4713-572-64.11 computer hardware ($5,590); account #445-4713-572-66.10 computer software ($8,035) and in the Lakeview Golf Course Capital fund for Clubhouse Improvements accounts #446-4761-572-64.11 computer hardware ($3,195) and account #446-4761-572-66.10 computer software ($4,305). BA CKGR 0 UND Three (3) bids were received for pro shop hardware and software for both golf courses. Hardware includes special cash register printers, programmable keyboards, cash drawers for each course, and cabling for the Municipal course. Sofb~vare includes a point of sale system for cash control, inventory control and management reports. Also included in software costs are set up costs, initial training, and annual support. In addition to the above, three (3) Gateway E-300 233 computers with monitors to operate the system are being proposed for purchase from the State contract, which is approximately $1,800 per computer less than proposed by GMS. The existing software at the Municipal course is over 8 years old and has crashed. The existing system is not repairable. In the past, Lakeview operated from a standard cash register and did not provide programming for cash control and inventory control. THE EFFORT ALWAYS MATTERS ~' F'/ Printed on Recycled Paper Agenda Item City Commission Meeting August 18, 1998 Page #2 Date: August 10, 1998 Total software costs are being prorated between the two (2) courses. RECOMMENDATION Staff recommends approval of a bid award to Golf Management Systems, Inc. for pro shop computer hardware and software, in the mount of $15,650 and the award to Gateway under State contract #108051075 for three (3) E-3000 233 computers in the amount of $5,235.00 with funding as follows: Municipal Golf Course Pro Shop Account #445-4713-572-64.11 Hardware ($5,590) Account #445-4713 -572-66.10 Software ($8,035) Lakeview Golf Course Capital Account #446-4761-572-64.11 Hardware ($3,195) Account #446-4761-572-66.10 Software ($4,305) RAB/tas File: u: sweeney/agenda Doc: O81098a. doc COST BREAKDOWN HARDWARE/SOFTWARE - MUNICIPAL AND LAKEVIEW PRO SHOP SYSTEMS MUNICIPAL LAKEVIEW Hardware Hardware 1 star printer $ 650 1 star printer $ 650 1 keyboard $ 500 1 keyboard $ 500 2 APG cash drawers $ 600 1 APG cash drawers $ 300 2 Gateway E3000 233 computers $3,490 2 Gateway E3000 233 computers $1.745 Connective cabling $ 350 TOTAL $3,195 TOTAL $5,590 Software Soft'ware 65% system $ 4,355 35% system $2,345 2 pcANYWHERE32 $ 160 1 pcANYWHERE32 $ 80 File creation & set up 65% $ 715 35% File creation & set up $ 385 Training 65% $1,365 Training 35% $ 735 Annual support 65% $1.440 Annual support 35% $ 760 Subtotal $ 8.035 Subtotal $4.305 TOTAL $13,625 TOTAL $7,500 ~ ~/~ _ __~/// _ Golf & ~nn~ Managemen~ Devel~ment & Consu/ta~n MEMORANDUM RECEIVED JUN 2 6 1998 DATE: June 25, 1998 >2 CITyASS'STANTMANAGER TO: Bob Barcinski / / / FROM: Brahm Dubin RE: Golf Pro Shop Point of Sale Computer Software Program & Hardware at Delray Beach Golf Club/Lakeview Golf Club Enclosed please find three quotations in reference to installation of a point of sale computer software package in the pro shop. The three quotes are: A. Golf Management System, Inc. $13,100 B. Western Golf Systems 19,200 C. Advanced Computer Systems 28,745 Our Point of Sale system has been out of operation for the last 5 days. We are requesting that this purchase be treated as an emergency and be processed in the immediate future. We are familiar with the low bidder and its representative, Mr. Ed Mullen. All 3 bids are comparable. In addition, we need to purchase appropriate hardware, Please see the attached sheet detailing the hardware specifications for Lakeview and Delray Beach Golf Club. bposps, doc 2200 Highland Avenue · Delray Beach, FL 33445 · (561) 243-7064 · Fax (561) 243-7386 Proposal from Golf Management Systems Presented by Ed Mullen Southeastern Regional Sales Manager (~61) 737-1994 City of Delray Beach GC/Lakeview Golf Course 06125198 2 Star Micronics Journal Printers SP 312 / Prints 3.2 lines per second $1,300 2 Progammable Keyboard (128 Definable Keys) $1,000 3 APG Cash Draws S-284 C (with Serial Port Interface) $900 HARDWARE TOTALS $3,200 2) SOFTWARE True windows 95 full 32 bit, point of sale software application $6,700 Minimum elements to include: a) Inventory package including category reports, end of day processing stock analysis and shrinkage reporting b) Administrative Security Codes c) Membership Look-up d) Gift Certificates SOFTWARE AND HARDWARE TOTALS $9,900- 3) FILE CREATION OF INVENTORY STUCTURE a) Build inventory Department, Class, Vendors $400 4/SET UP OF SOFTW~ 1 day of set-up $700 ~ 5) SOFTWARE TRAINING ( Delaj; and Lakeview Trained at the Same T~me) Minimum of 3 D~. s ql~ trainin/l $2, 100 Plus travel expenses for the trainer.(Not to exceed $500) Total S,ystem Fees: Deposit on GMS S,ystem $6,550 6) ANNUAL SUPPORT: (Delray and iakeview} $2,200... a) 8AM to 5:00 PM Monday to Friday b) 24 hours 7 day a week support after hours via pager c) Unlimited Telephone and Modem Software Support~ -r 7) All Connectiviity and Cabling with Network or (Peer to Peer) set-up ready to go with cables and connections are the responsibility of the golf courses. -4- $) All Hardware setup is the responsibility of the golf course, so our trainers can install the soil-ware on the network. Customer Authorization ~ Date GMS would like to thank you in advance for the opportunity to eam your businessl Proposal from Golf Management Systems P=eeent~d by ~ Mull~ R~gional S~le Manage= (561)-737-199~ DUBIN AND ASSOC~TES HA~WA~ CONFIG A~I 23, 1~8 ~ OC Ooff ~iM ~ ~ Unit - ~ M~. ~M 1 2 Gi~ tt~ Drive I CD ROM I 3.5" Fl~y ~ Wi~ 95 1 14 in. VGA C~or M~it~ 1 ~G ~h ~wer 2~ Provided by ~S star Mi~i~ R~i~t Priater t ~ Prodded by GMS I P~mable Ke~ 1 ~ ~vid~ by GMS P~r to P~ Nel~ I ~ws 95 1 H~ ~n~ntrat~ / C~I~ Networks ~rd 56.6 Di~i~ Fax M~em 1 PC ~here ~muni~io~ ~Rw~e 1 [~S U~nte~upled Pow~ S~ply D~ray GC Admi~N~i~ Upjt ~ MEG. ~ 2 Giga~e H~ Drive CD ROM 3.5 "FIo~ / Widows 95 ! 4 in. VGA ~lor Monit~ Netw~ C~ ~S Unime~ P~er ~upply ~ke~i~ ~ POS Un~ Ponti~ ~ ~ I ~ MEG. ~M 1 2 Gi~b~e H~d ~ve 1 CD ROM 3.~ "Floppy / Wind. s 95 I t4 in. VGA ~lor M~itor UPS Uninterrupted Pow~ S~ply 1 56.6 Di~tiW F~ M~cm ~G ~h Drawer I ~ Provided by GMS St~ Microni~ R~ipt ~nmr 1 ~ ~ Pro~d~ by GMS I Pr~mable Ke3?ad I - ~ Provid~ by GMS /il coNi~ty c-~llll (Neh~o~ #t-.! witk rabies mBd co.ne~lGils) mr~ the re~penmibility of the golf ~omr~e ,_ Ru~ 03 98 10:~9~ P,~ CITY OF DELRAY 1-Aag-98 PRODUCTS AND SERVICES Hardware and Peer to Pee~ Network ~ardware QTY PRICE Point o,f Sale Worl~tation -and Brttce's O[flc.e Com~uter 2 $7,000.00 P~s~.tium 233 MHz, b4MB RAM. 2OB Ha~d Drive, 3.5" Floppy 2 14 in. SVOA Color Monitor 2 Windows 95 Versic~ Fl 2 Untnte. rmptcd Powe, r Supply 280 Volt 2 Video Memow 41VIB 2 t00MB Network Card 2 Win~o~ 95 P~er to P~r Ngtw~rk I Hub Concentrator Additional Itardwate $1 ~070 O0 8GB lntcmaI Tap~ ltackup Sys:em and Backup Tapes 1 56.k[ Data & Diagnoatlc Modern 1 Windows9.q PC Aa~ywhcre Communications Sotlw~t¢ Hardware Network Total Installation o. fcotntmter~ $1 iX} 0~r Hour Pla$ oxo~aea for the install~ SKipping not included Note cash draw, journal printer s~d progmmable k~yboard included on Gms aoftwaro proposal lnstallatwn ~.f Cttbte .gor trw Peer to Peer lvetworl~ Local vendor would run cable ~....~~ ,Wuute ~Jencrateu lot ~-3UUU 2.~3 Page I o1 I E-3000 233 ~~ Quote Number: 108051075FLORIDA Date/Time: 08/05/98 14:14 EST Sales Representative: 800-846-2754 Comments: Processor: Intel 233MHz Pentium processor w/MMX Technology Memory: 64MB SDRAM DIMM added: US$94 Cache: Integrated 512K Pipeline Burst SRAM Cache Monitor: EV500 15inch color monitor (13.9inch viewable area) Graphics Accelerator: ATI 4MB SGRAM graphics accelerator added: US$116 Hard Drive: 2.0GB SMART II UATA hard drive subtracted: US$58 Floppy Drive: 3.Sinch 1.44MB diskette drive CD-ROM: 13X min./32X max. CD-ROM drive Fax/Modem: TelePath® Modem w/x2TM Technology added: US$126 Case: E-Series 8-bay mid Tower Case --Network Card: 3COM PCI 10/100 twisted pair Ethernet Keyboard: 104+ Keyboard Mouse: MS IntelliMouse mouse & Gateway mouse pad LANDesk Software: Intel LANDesk Client Manager Software v.3.1 Additional Software: McAfee Anti-Virus Software Operating System: Microsoft Windows 95 Service Program: Gateway Gold Service and Support Tape Backup Unit: TR4 SCSI TBU and tape (SCSI contoller included w/SCSI hard drive) added: US$272 ~ Ethernet Hub: 4-Port 100Mbps Fast Ethernet Hub added: USS119 Base Price: US $1073 Configured Price: US $1742 FOB Destination Contract# 250-040-99-1 Quantity: 1 Total Price:US $1742 Prices and specifications are subject to change without notice or obligation. Sales tax and shipping will be collectec~ where applicable. Please Print and attach th|$ quote to your purchase order. HOME TEAM SELECT SYSTEM YOUR ORDERS SUPPORT HELP ;. com/cgi-bin/gen_quot e. pl 8/5/98 WESTERN GOLF SYSTEMS June 24, 1998 Delray Municipal Lakeview Greens Dear Sirs; Thank you for the opportunity to quote on the Point of Sale software for your golf course. As requested, please find our pricing as follows: Hardware 2 Citizen Journal Printers 3.2 lines per second $2,000 2 Keypads 32 Definable keys $1,000 3 Cash Draws with Serial Port Interface $1,000 Hardware Totals $4,000 Software $10,000 Tree windows 95 full 32 bit, point of sale software application Minimum elements to include: a) Invemory package inch.ding category reports, end of day processing, stock analysis and shrinkage reporting b) Administrative Security Codes c) Membership Look-up d) Gift Certificates File Creation $1,000 Build inventory files Software Set-up $ 700 Software Training $ 3,500 5 Days (Expenses not to exceed $1,000) Total Systems Fees $19,200 1502 - 3rd Avenue South, Lethbridge, Alberta T1J 0K8 · Phone (403) 328-0509 Fax (403) 328-9335 Western Golf Systems i$ a division of 249509 Alberta Ltd. 249509 Alberta Lt& is a registered usex o f the trademarks MicroAge~ "The Solution Store"~ O~ by Mi~ ~ Compu~ Ccn~ In¢~ Annual Support A) 8:00 Am to 5:00 PM Western Standard Time $2,500 B) 6 Days Per Week Connectivity and Cables Golf Course is responsible for hardware Hardware Set-up The city is to order and set up the hardware in a working manner so our trainers can install the software on the network. Yours truly, Terry Thom Western Golf Systems WESTERN Advanced Computer Systems June 25, 1998 Delray Municipal Lakeview Greens Dear Bruce; Enclosed is our quote for the Point of Sale software for your golf courses. As requested, this is our pricing, breakdown: Hardware 2 Star Journal Printers 3.2 lines per second$2,500 2 Keypads 32 Definable keys $1,000 3 APG Cash Draws with Serial Port Interface $1,000 Hardware Totals $4,500 Software $19,995 True windows 95 full 32 bit, point of sale software application Minimum elements to include: a) Inventory package including category reports, end of day processing, stock analysis and shrinkage reporting b) Administrative Security Codes c) Membership d) Girl Certificates e) Return to vendor module 13.245 (.irq~t,,ood'(?ircle . .q:t, Mye, rs~ F1339J 2 (941) b61-~.11 · Fax{941) 561-6332 ' ..... "Aava-----ance~ ~" Computer Systems File Creation $1,500 Build inventory files Software Set-up $ 500 Software Training $ 2,250 3 Days (Expenses not to exceed $1,500) ., Total Systems Fees $ 28,745 Annual Support Fees A)8:00 Am to 5:00 PM Eastern Standard Time $1,800 B)Monday to Friday ConneCtivi~. and Cables Golf Course will order all hardware. Hardware Set-up The city is to have hardware in a place before we install software. Respectfully, Mary-Ann Graff Advanced Computer Systems I~2 45' (ire!~t.,ood Oln:le · .9:t., Mlle, r.~, F1339J 2 P4~) 561-6511 · .9'a,~. (9~I) 561.63~ 2 ~ ' ' ..... City of Delray Beach Budget Transfer Form (1) Departmental Line Transfer (2) Date:08/10/98 (3) Interfund/Interdepartmental Transfer (4) Batch Number (5) Requested By: Robert A. Barcinski, Assistant City Manager (~8.keview} PROJECT # (6] ACCOUNT NUMBER (7] DESCRIPTION (8] TRANSFER OUT (9] TRANSFER IN 95065 446-4761-572-62.10 Buildings 80500 95065 446-4761-572-63.90 Other Improvements 73000 95065 446-4761-572-64.11 Computer Hardware 3195 95065 446-4761-572-66.10 Computer Software 4305 (10J TOTAL 80500 80500 JUSTIFICATION: Transfer of funds to proper account codes for green and tee improvements, cart paths, and pro shop computer hardware and software (shared with Municipal course). Department Head ~ o~ II l~J ~'~ Assr Cily Manager Finance Director City Manager (11) Budget Revision Date (12} Control Number (13) Pedod (14} Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT , Agenda Item No.: ~F.~ AGENDA REQUEST Date: August 13, 1998 Request to be placed on:, X Regular Agenda Special Agenda Workshop Agenda When: August 18, 1998 City Commission Description of agenda item {who, what, where, how much}: is requested to approve the purchase of eighty (80) golf carts from Club Car, Inc. in the amount of $106,800. Funding is available from account ~445-4713-572-44.90 on an annual.. ~ Once this purchase is approved, the Finance Department will secure financing for this amount. The annual payment will be approximately $30,000 (based on 4.75% for 48 months). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Purchase eighty (80) golf carts from Club Car, Inc. at a total cost of $106,800. Funding is [rom account #4~3-4~£3-572-~4.90. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required pn all .items involving expenditure of funds):~ ~~,,/5~ Funding available: Y~./ NO ~f5 the amount of $46,020 in FY 98-99 budget request) Funding alternatives: bank financins ( if applicable) Account No. & Description: 445-4713-572-44.90 (FY 98-99 BUDGET) Account Balance: $46,020 (FY 98-99 BUDGET) City Manager Review: Approved for agenda~~~O Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved [ITY OF I]ELAI:IY BER[H DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 Ail-America City 1993 TO: David T. Harden City Manager FROM: l~l~obert A. Barcinski Assistant City Manager DATE: August 13, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING AUGUST 18. 1998 BID AWARD - GOLF CARTS MUNICIPAL CO~RSE ACTION City Commission is requested to approve the purchase of eighty (80) golf carts from Club Car, Inc. in the amount of $106,800. Funding is available from account #445-4713-$72-44.90 on an annual. Proposals were received on August 9, 1998 from three (3) vendors. The proposal included a trade-in allowance for the existing golf carts. A tabulation of the bid is attached. The RFP evaluation was based on compliance to thc specifications and pricing. Also, several financing options were considered in the RFP evaluation. The options are as follows: 1. Lease purchase thru a financial institution (48 mos.; assumed 6%) 2. Lease purchase thru the vendor (48 mos. - see bid tab) 3. Operating lease thru the vendor (48 mos. - see bid tab) An analysis of the alternatives determined that the most cost effective means for financing the golf carts is through bank financing. Attached is a memorandum received from Becky O'Connor, Treasurer regarding the financing. Lease/purchase financing method thru a bank is proposed. RECOMMENDATION Staff recommends the purchase of eighty (80) golf carts from Club Car, Inc. in the amount of $106,800 utilizing bank financing. Funding is available in account #445-4713-572-44.90. RAB/tas File: u:sweeney/agenda Doc:O81398c. doc THE EFFORT ALWAYS MATTERS Printed on Recycled Paper CITY OF DELRAY BEACH TABULATION OF BIDS RFP #98-48 PURCHASE/LEASE OF EIGHTY (80) GOLF CARTS FOR DELRAY MUNICIPAL GOLF CLUB AUGUST 07, 1998 E-Z-GO DIVISION CLUB CAR INC. YAMAHA GOLF VENDORS: OF TEXTRON INC. EAST FLORIDA CARS UNIT PRICE FOR PURCHASE OF 80 $ 2,815.00 $ 2,965.00 EA. $ 3,105.00 EA. GOLF CARTS $ 225,240.00 $ 237,200.00 $ 248,400.00 LEASE PURCHASE 6.25% 5.92% 5.89% INTEREST RATE $ 17.41 EA. MONTHLY PAYMENT $ 51.84 EA. * $ 1,239.20 * $ 1,392.80 ** OPERATING LEASE 7.04% ** 9.06% 5.89% INTEREST RATE $ 17.41 EA. MONTHLY PAYMENT $ 56.21 EA. $ 1,468.80 * $ 1,392.00 *** UNIT PRICE TRADE IN ALLOWANCE $ 1,400.00 EA. $ 1,630.00 $ 1,650.00 EA. 1995 CLUB CAR $ 112,000.00 $ 130,400.00 $ 132,400.00 ** GOLF CARTS MANUFACTURER E-Z-GO 1999 CLUB CAR YAMAHA G-16 A MODEL NUMBER 1999 TXT-GAS DS GASOLINE MODEL DELIVERY TIME 60 CALENDAR 60 CALENDAR 21 CALENDAR AFTER RECEIPT DAYS DAYS DAYS OF ORDER WARRANTY 3 YRS. PARTS AND 3 YEARS PARTS 3 YEARS PARTS LABOR, SERVICE, 3 YEARS SEVICE 3 YEARS SERVICE CART FRAME LIFE LIMITED LIFE TIME LIFETIME AGAINST TIME WARRATNTY RUST/CORRISION COMMENTS / * $800.00 * $850 PER CAR *BALLOON PAYMENT EXCEPTIONS BALLOON NOTE PURCHASE OPTION AT $900 EACH · * EFFECTIVE END OF LEASE TERM. **$248,400 NEW RATE ** MONTHLY PAYMENT CAR -$132,400 QUOTED IS NET OF TRADE-IN = TRADES. INCLUDED $116,000 NET IN THIS RFP, CLUB CASH- **AFTER CAR AGREES TO TRADE INS. OFFER CARRYALL II ALSO RECEIVE GASOLINE UTILITY FREE 2 EACH OF VEHCILES MAY BE 1999 YAMAHA G-11 PURCHASED AT UTILITY CARS TO $4,824.60 PER GSA KEEP - EXHIBIT A CONTRACT #GSO7F- - LEASE PURCHASE 8745D. LIST PRICE NET AFTER SALES IS $5,656. CLUB 5.59% / 33.48 CAR ALSO OFFER A EACH X 80 = $750 TOURNAMEAIT $2,678.40 AFTER SPONSHORSHIP TRADE-IN + TWO DONATION. YAMAHA G-11 FREE OF CHARGE MEMORANDUM RECEIVE To: Robert A. Barcinski, Assistant City Manager ,6,U(~ 1 3 1991~ ASSI ST***NT From:,,4~_~ Rebecca S. O'Connor. Treasurer CiTY MANAGER Thru: Joseph M~ector of Finance , Subject: Municipal Golf Course - Golf Cart Bid Date: August 12, 1998 I've reviewed Erin Dougherty's analysis of the bids relative to the purchase/lease of eighty (80) golf carts for use at the Municipal Golf Course and find Club Car to be the Iow bidder. I would like to suggest, however, that your recommendation to Commission stipulate that financing be obtained by a financial institution. Current rates offered by banks are better than what is offered by the vendors. I will obtain financing close to the arrival of the carts. I have attached my analysis for your review. GOLF COURSE CARTS 1999 (MUNICIPAL GOLF COURSE) FILE: clubmun. XLS MONTHLY 2,447.47 ANNUAL 29,369.64 TERM: 48 MOS. TOTAL 117,478.56 RATE: 4 . 75% 106,801 Loan FY FY FY Balance PRINCIPAL INTEREST PAYMENT PRINCIPAL INTEREST TOTAL 1 106 800.00 2 024.72 422.75 2 447.47 2 104 775.28 2 032.73 414.74 2 447.47 3 102 742.55 2 040.78 406.69 2 447.47 4 100 701.76 2 048.86 398.61 2 447.47 5 98 652.91 2 056.97 390.50 2 447.47 6 96 595.94 2 065.11 382.36 2 447.47 7 94 530.83 2 073.29 374.18 2 447.47 8 92 457.54 2 081.49 365.98 2 447.47 9 90 376.05 2 089.73 357.74 2 447.47 10 88 286.32 2 098.00 349.47 2 447.47 11 86 188.31 2 106.31 341.16 2 447.47 12 84 082.01 2 114.65 332.82 2 447.47 24,8132.64 4,537.00 29,369.64 13 81 967.36 2 123.02 324.45 2 447.47 14 79 844.34 2 131.42 316.05 2 447.47 15 77 712.92 2 139.86 307.61 2 447.47 16 75 573.07 2 148.33 299.14 2 447.47 17 73 424.74 2 156.83 290.64 2 447.47 18 71 267.91 2 165.37 282.10 2 447.47 19 69 102.54 2 173.94 273.53 2 447.47 20 66 928.60 2 182.54 264.93 2 447.47 21 64 746.06 2 191.18 256.29 2 447.47 22 62 554.88 2 199.86 247.61 2 447.47 23 60 355.02 2 208.56 238.91 2 447.47 24 58 146.45 2,217.31 230.16 2 447.47 2i6i03i8~!21 3;331.43 29,369.64 25 55 929.15 2,226.08 221.39 2 447.47 26 53 703.06 2,234.90 212.57 2 447.47 27 51 468.17 2,243.74 203.73 2 447.47 28 49 224.43 2,252.62 194.85 2 447.47 29 46 971.80 2,261.54 185.93 2 447.47 30 44 710.26 2,270.49 176.98 2 447.47 31 42 439.77 2,279.48 167.99 2 447.47 32 40 160.29 2,288.50 158.97 2 447.47 33 37 871.79 2,297.56 149.91 2 447.47 34 35 574.23 2,306.66 140.81 2 447.47 35 33 267.57 2,315.79 131.68 2 447.47 36 30 951.79 2,324.95 122.52 2 447.47 27ii302;3t!ii 2;067.337iliiii 29,369.64 37 28 626.84 2,334.16 113.31 2 447.47 38 26 292.68 2,343.39 104.08 2 447.47 39 23 949.29 2,352.67 94.80 2 447.47 40 21 596.61 2,361.98 85.49 2 447.47 41 19 234.63 2,371.33 76.14 2 447.47 42 16 863.30 2,380 72 66 75 2 447.47 43 14 482.58 2,390 14 57 33 2 447.47 44 12 092.44 2,399 60 47 87 2 447.47 47 4,865.09 2,428 21 19 26 2 447.47 106,800 95 10,677 61 117 478.56 106,800.95 10,677.61 117,478.56 GOLF COURSE CARTS 1999 (MUNICIPAL GOLF COURSE) FILE: EZGO.XLS MONTHLY 2,594.12 ANNUAL 31,129.44 TERM: 48 MOS. TOTAL 124,517.76 RATE: 4.75% 113,200 Loan FY FY FY Balance PRINCIPAL INTEREST PAYMENT PRINCIPAL INTEREST TOTAL 1 113 200.00 2 146.04 448.08 2,594 12 2 111 053.96 2 154.53 439.59 2,594 12 3 108 899.43 2 163.06 431.06 2,594 12 4 106 736 37 2 171.62 422.50 2,594 12 5 104 564 75 2 180.22 413.90 2,594 12 6 102 384 53 2 188.85 405.27 2,594 12 7 100 195 68 2 197.51 396.61 2,594 12 8 97 998 17 2 206.21 387.91 2,594 12 9 95 791 96 2 214.94 379.18 2,594 12 10 93 577 02 2~223.71 370.41 2,594 12 11 91 353.31 2 232.51 361.61 2,594 12 12 89 120 79 2 241.35 352.77 2,594 12 26,320.56 4,808.88 31,129.44 13 86 879 44 2250.22 343.90 2,594 12 14 84 629 22 2259.13 334.99 2,594 12 15 82370 09 2268.07 326.05 2,594 12 16 80102 02 2.277.05 317.07 2,594 12 17 77824 97 2286.06 308.06 2,594 12 18 75538 91 2.295.11 299.01 2,594 12 19 73243 80 2.304.20 289.92 2,594 12 20 70 939 60 2.313.32 280.80 2,594 12 21 68.626 28 2.322.47 271.65 2,594 12 22 66.303 81 2,331.67 262.45 2,594 12 23 63 972 14 2340.90 253.22 2,594 12 24 61631 24 2350.16 243.96 2,594 12 27,598.36 3,531.08 31,129.44 25 59281 08 2359.47 234.65 2,594 12 26 56 921 62 2368.81 225.31 2,594 12 27 54552 81 2378.18 215.94 2,594 12 28 52 174 63 2387.60 206.52 2,594 12 29 49.787 03 2.397.05 197.07 2,594 12 30 47.389 99 2,406.53 187.59 2,594 12 31 44 983 45 2,416.06 178.06 2,594 12 32 42 567 39 2,425.62 168.50 2,594 12 33 40 141 77 2,435.23 158.89 2,594 12 34 37.706 54 2,444.86 149.26 2,594 12 35 35,261 68 2 454.54 139.58 2,594 12 36 32807 13 2464.26 129.86 2,594 12 28,938.21 2,191.23 31,129.44 37 30.342 88 2474.01 120.11 2,594 12 38 27.868 86 2483.81 110.31 2,594 12 39 25.385 06 2493.64 100.48 2,594 12 40 22.891 42 2.503.51 90.61 2,594 12 41 20~387 91 2.513.42 80.70 2,594 12 42 17 874 49 2523.37 70.75 2,594 12 43 15.351 13 2.533.36 60.76 2,594 12 44 12 817 77 2543.38 50.74 2,594 12 45 10.274 39 2553.45 40.67 2,594 12 46 7,720 94 2 563.56 30.56 2,594 12 47 5,157 38 2 573.71 20.41 2,594 12 48 2,583 68 2 583.89 10.23 2,594 12 30,343~09 i i i i! 786.35 i 31,i129.44 113200.22 11,317.54 124,517 76 113,200.22 11,317.54 124,517.76 GOLF COURSE CARTS 1999 (MUNICIPAL GOLF COURSE) FILE: YAMmun. XLS MONTHLY 2,658.30 ANNUAL 31,899.60 TERM: 48 MOS. TOTAL 127,598.40 RATE: 4.75% 116,001 Loan FY FY FY Balance PRINCIPAL INTEREST PAYMENT PRINCIPAL INTEREST TOTAL 1 116 000.00 2,199 13 459.17 2 658.30 2 113 800.87 2,207 84 450 46 2 658.30 3 111 593.03 2,216 58 441 72 2 658.30 4 109 376.45 2,225 35 432 95 2 658.30 5 107 151.10 2,234 16 424 14 2 658.30 6 104 916.94 2,243 00 415 30 2 658.30 7 102 673.94 2,251 88 406 42 2 658.30 8 100 422.05 2,260 80 397 50 2 658.30 9 98 161.26 2,269 75 388 55 2 658.30 10 95 891.51 2,278 73 379 57 2 658.30 11 93 612.78 2 287.75 370 55 2 658.30 12 91 325.03 2 296.81 361 49 2 658.30 26,971.77 4,927.83 31,899.60 13 89 028.23 2 305.90 352 40 2 658.30 14 86 722.33 2 315.02 343 28 2 658.30 15 84 407.31 2 324.19 334 11 2 658.30 16 82 083.12 2 333.39 324 91 2 658.30 17 79 749.73 2 342.62 315 68 2 658.30 18 77 407.11 2 351.90 306 40 2 658.30 19 75 055.21 2 361.21 297 09 2 658.30 20 72 694.00 2 370.55 287 75 2 658.30 21 70 323.45 2 379.94 278.36 2 658.30 22 67 943.52 2 389.36 268.94 2 658.30 23 65 554.16 2 398.81 259.49 2 658.30 24 63 155.34 2 408.31 249.99 2 658.30 28,281.19 3,618.41 31,899.60 25 60 747.03 2 417.84 240.46 2 658.30 26 58 329.19 2 427.41 230.89 2 658.30 27 55 901.78 2 437.02 221.28 2 658.30 28 53 464.75 2 446.67 211.63 2 658.30 29 51 018.09 2 456.35 201.95 2 658.30 30 48 561.73 2 466.08 192.22 2 658.30 31 46 095.66 2 475.84 182.46 2 658.30 32 43 619.82 2 485.64 172.66 2 658.30 33 41 134.18 2 495.48 162.82 2 658.30 34 38 638.70 2 505.36 152.94 2 658.30 35 36 133.35 2 515.27 143.03 2 658.30 36 33 618.08 2 525.23 133.07 2 658.30 2!9,654~19 2,245.41 31,899.60 37 31 092.85 2 535.22 123.08 2 658.30 38 28 557.62 2 545.26 113.04 2 658.30 39 26 012.36 2 555.33 102.97 2 658.30 40 23 457.03 2 565.45 92.85 2 658.30 41 20 891.58 2 575.60 82.70 2 658.30 42 18 315.98 2 585.80 72.50 2 658.30 43 15 730.18 2 596.03 62.27 2 658.30 44 13 134.14 2 606.31 51.99 2 658.30 45 lO 527.83 2 616.63 41.67 2 658.30 47 5 284.22 2 637.38 20.92 2 658.30 48 2 646.84 2 647.82 10.48 2 658.30 116 000.99 11,597.41 127 598.40 116,000.99 11,597.41 127,598.40 EZ GO CLUB CAR YAMAHA UNIT PRICE 2,815.00 2,965.00 3,105.00 # UNITS 80 80 80 TOTAL PRICE 225,200.00 237,200.00 248,400.00 TRADE IN ALLOWANCE (112,000.00) (130,400.00)i (132,400.00) ~IET PRICE 113,200.00 106,800.00 116,000.00 SPONSORSHIP (750.00) - CARRYALL EQUIPMENT (1) 7,990.00 9,649.00 TOTAL 121,190.00 115,699.00 116,000.00 (1) EZ GO PROVIDED QUOTE OFF OF STATE CONTRACT# 070-840-98. 08/11/1998 03:05 5612437386 DELRAY BEACH GOLF CL PAGE 01 Inter Date: August 11, 1998 Re: t23olf C~ Bid ~alyfis C.C.: B~ Dubin Bas~ 6:'.a my ~ysis of~e ~ee bids submi~ed for consider~on Club C~ ~d YmCa ~e cleaHy ~e~le~ers in price ~d q~i~. Howev~, Club C~ holds ~e adv~tage over Y~. in all~ee ~s consMered in my review: Cost Per C~, Over~l Le~ Cost, ~d Produc1~ContihMty, Therefore we ~e recommending Club C~ as ~e provider of Golf Cms fo.~ ~e Delray Beach Golf Club. Coat ~d Product Review: 1. Cost Per C~: ~d~ per C~ $3105 $~965 Tr~&i AlloW~c~ $1550 $ ltl30. Net Diff~ence $1455 $1335 2. Over~ Lease / P~chase Cost: Tot~ g~ C~s $248,400 $237,200 Trade-i~a 80 C~s ~ $130,400 Net Leage ~o~t $116,000 $106,800 Utili~ Ve~cles $ 0 $ 9,650 Tomm:aent S~nsorship 0 $ -750 ToI~ L~ase C°st $116,000 $115,700 3. product Conhnu~: Given t~e exist~g l~el of m~me~ce ~ning, pros invmtofies ~d product compat~bili~ ~ L~eview we feel ~at Club C~ enjoys a subsmti~ adv~ge over YmCa in ~g catego~. Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: August 11, 1998 _XX_Consent Agenda __Special Agenda Workshop Agenda When: August 18, 1998 Description of agenda item (who, what, where, how much): Purchase Award for five (5) Automatic Electronic Defibrillators (AED) Units from Laerdal Medical Corp. for a total price of $14,996.25. ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award purchase to Laerdal Medical Corp. for a total price of $14,996.25. Funding available from transfer from Paramedic Fund #115-0000-248-64.00 to account #115- 2311-522-64.90. DepartmentHeadSignature: ~ _ ~~f / Determination of Consistency withk.C~mprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor~---~ THROUGH: JosephSa~'nance Director DATE: August 11, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING AUGUST 18, 1998 - PURCHASE AWARD FIVE (5) AUTOMATIC ELECTRONIC DEFIBRILLATORS (AED) UNITS FOR FIRE DEPARTMENT Item Before Commission: The City Commission is requested to approve the purchase of five (5) Automatic Electronic Defibrillators (AED) units from Laerdal Medical Corp. for a total price of $14,996.25. Background: The Fire Department is requesting these units to place on our first line engine and trucks which would allow the paramedics to provide early cardiac defibrillation from the first responding fire apparatus to arrive at the scene. The purchase of these units would ensure the level of service throughout the City. See attached memo dated July 27, 1998, from Fire Chief. Randall L. Wolff, M.D., Medical Director is recommending the purchase of these Automatic Electronic Defibrillators using the new technology - biphasic defibrillation. See attached memo dated March 18, 1998. These units are available from Laerdal Medical Corp as a sole source purchase as stated on attached quotation dated August 11, 1998. Recommendation: Staff recommends award to Laerdal Medical Corp. for a total amount of $14,996.25. Funding is available from transfer from Paramedic Fund #115-0000-248-64.00 to account #115-2311-522- 64.90. Attachments: Memo From Fire Chief Memo From Medical Director Quotation Dated July 15, 1998, from Laerdal Medical Corp [lTV OF DELRRY BEFI[H FIRE DEPARTMENT SERVING DELRAY BEACH ' GULFSTREAM ' HIGHLAND BEACH DELRAY BEACH ~.~u c~/ EMORANDUM 1993 ~. DAVID T. HARDEN, CITY MANAGER ~q~: ROBERT B. REHR, FIRE CHIEF DATE: JULY 27, 1998 SUBJECT: PURCHASE OF AED's FROM PARAMEDIC FUND The Fire Department would like to purchase five (5) Automatic Electronic Defibrillators (AED) units to place on our first line engine and truck companies. This will allow us to provide early cardiac defibrillation from the first responding fire apparatus when the paramedic equipped, rescue vehicles are not the first to arrive at the scene. Currently we have one (1) unit that was donated to us and it is in-service at Station No. 4, Lake Ida and Barwick Roads. The five (5) additional units would ensure the same level of service throughout the City. Sufficient funds are available in the Paramedic Fund #115- 0000-248-64.00 for the total cost of $14,955.26 for this equipment. Your concurrence with this project would be appreciated. FIRE DEPARTMENT HEADQUARTERS ' 501 WEST ATLANTIC AVENUE ' DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper MAR--18--98 WEB 04:5? PM RANDALL WOLFF MD KARIN 561 642 5591 P. 01 DATE: March 18, 1998 TO: Emergency Medical Services Chiefs FROM: Randall L. Wolff, M.D. Medical Director I have reviewed the literature regarding automatic and semiautomatic external defibrillators. I have met with multiple salespeople from the major distributors including Survivallnk0 Physio-Control and Keartstream. There has been a change in the technology that is offered on automatic and semiautomatic external defibrillators. This new technology concerns a difference in the waveform. There are two different waveforms. The old technology is monophastc. New technology is biphasic. Biphasic waveforms have half the energy coming from the sternum lead going to the apex and the other half of the energy going the opposite direction. Biphasic defibrillation at low energy appears to have advantages over the standard monophasic defibrillation. It is my opinion at the present time when purchasin9 an automatic o~ semiautomatic external defibrillator machine that offer biphasic defibrillation have an advantage and therefore should be the product of choice. Quotation Laerdal Medical Corp Date: 167 Myers Comers Road Notes: This estimate is good for 60 days from the Wappingers Falls, NY 12590 date ~hown above. Prices quoted are for quantities shown. ~h: 800-648-1851 X379 Fax~ 800-227-1143 To Mr Doug Trawick EMS Div. Chief Delray_. Beach Fire Dept. Date of Request: 501 W. Atlantic Ave Date Quote Required: Delra¥ Beach FL 33444 Quote Sent By: Order Delivered By: Rush Date: Ph: 561-243-7440 Terms Offered: Itom Part~ peso. fl..pt.!? .... Stock? Unit Quanffiy ..... .unit Price ' Amount 1 FR000201 ForeRunner AED - ECG Display.. 5 $2,636_00 $13.180.00~ 2 FR1003 Battery Pack 5 $80.25 $401.25 3 FR1010 Hard Case 5 $114.00 $570.00 4 FR1006 PCMCIA Data Card 30-rain ECG 5 $169.00 $845.00 Laerdal Medical is the sole source provider of this equipment. Total Amount $14,99625 Tax Rate Tax Shipping NIC _ Total Estimate $14,996.25 Estimate authorized by Name: Jeff Hattem/MS Date: o~///~- TiUe: Senior Account Mana~ler Signature: ~'IF'' ~0 BDgd d~03 qMOlOBN 190~B~q Pg9 [0:PI 866I/II/80 Agenda Item No. : ~.r'~ AGENDA REQUEST Date: AuKust 11~ 1998 Request to be placed on: Consent XX R~r Agenda Special Agenda Workshop Agenda When~ AuKust 18, 1998 Description of agenda item (who, what, where, how much): Purchase award to P,B, & S. Chemical Company for the purchase of potassium permanganate for testing for color reduction in water at a total cost of $10.395. Equipment and technical support also included at no additional cost. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Purchase award to P.B. & S Chemical Company at a total cost of $10;395 for purchase of potassium permangana~t~, Fundinm from account 441-3122-536-52.21. 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: Q/ NO ~' ~ ~;;~ ~ Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~ NO ~[ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Superviso~/ THROUGH: Joseph Saffo~~ance Director DATE: August 11, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING AUGUST 18, 1998 -PURCHASE AWARD POTASSIUM PERMANGANATE FOR THE WATER TREATMENT PLANT Item Before Commission: City Commission is requested to approve the award for the purchase of potassium permanganate from P.B.& S. Chemical Company, Inc. for a total amount of $10,395. Background: The Delray Beach Water Treatment Plant will be performing a full scale trail/test for color reduction and improvement of organic oxidation in the water. P.B. & S. Chemical Company will be providing the equipment and technical support during this one month study at no charge to the City. The potassium permanganate is available from their supplier, Carcus Chemical, for a total price of $10,395.00 per attached quotation dated August 05, 1998. Based on the results of this test, if the City decides to use this method of color reduction, we will bid out the product on an annual basis. The Manager of the Water Treatment Plant recommends the approval for the purchase of this product for testing per attached memo dated August 07, 1998. Recommendation: Staff recommends the approval of the purchase of potassium permanganate from P.B. & S. Chemical Company, Inc. for a total amount of $10,395. Funding from account code #441-5122- 536-52.21. Attachments: Quotation From P.B. & S. Chemical Company Inc. Memo From Water Treatment Plant MEMORANDUM To: Kathy Butler, Buyer From: Don Haley, Manager of Water Treatment Plant SUB: REQUISTION #64154 Date: August 7, 1998 Please process an agenda for commission approval on Requisition #64154. Cams Chemical is performing a full scale trial for color reduction. They are providing equipment and technical support during the one month study. We are purchasing their product only for the test and if the city goes in this direction of color removal, then we will bid out the product on a annual purchase. DH:dk cc: Dan Beatty, Deputy Director Public Utilities File: req64154 P.B. & S. CHEMICAL COMPANY, INC. QUOTATION WE~ ARE: PL~D TO SU~M~F THI-q ~,~: ~ OF DB~-~Y B~ACH Q~AT~ON IN ~S~ ~ YOUR ~QUrRY DASD Cu~W ~y . ~ ZO~W~ , ~RM3: NET ~ D~~ PRIC~ F_O.B.; 21 ! $OKG POT P~R.M ]FREE ~LOW 0122~4 1,50 4 August 1 Mr. Doff Haley, SuPerintendent City of Del Ray Beach 200 Southwelt 6fl't ~r~t ~ ~y B~, FL ~er Mr. Halw: Th~k ~u ~r ~lk~g ~th ~ ~tN r~i~ the t~t w~ CNRO~ ~e~ium p~a~m~ for ~ ~ ~ the ~ ~y B~, FL Wa~r Tm~m~ ~ant. We ~ ~s w~ ~ ~ ~l~t ~n~ ~ ~ ~at ~IRO~ p~lum ~~n~e can ~ t~ ~ ~ ~ults ~ ~u ~ to stay ~ ~or limtts, and imp~e o~ic ~a~n. ~e ~n~ ~~d~ ~ t~ng a~ ~ ~e plant a~ ~ ~ ~m ~U. ~ms ~i~ ~y ~11 ~y ~ ~ ~~ a~ ~n~ ~ ~ ~e t~ ~. We ~11 ~ a d~ In~, a ~ 2~7 h~ix-~e d~ ~i~ f~ ~ a ~ ~k a~ mix~ ~ a ~e Ci~ ~ ~1 ~y B~, FL ~![ ~ide s~t F~FI~ g~e ~1~ ~ium ~~te, u~ ~. ~ ~ ~e ~al ~d. Y~ ~ ~ 21 drams (330.75 !~ ~), I ~11 ~ ~ tn. ~e ~ ~ d~ ~ ~ on ~f~ ~ ~ulpm~t to ~e ~t, If ~ h~ qu~ or ~uim m~ i~~, ~ ~nta~ me at 8~3~. R~ L ~ S~ ~n~ 'ON XVH aZ~ HDVafl AVE~a~ ~0 A$I2 ~a ~E'~ RH% 8~-g -9~V Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: August 10, 1998 _XX_Consent Agenda Special Agenda Workshop Agenda When: August 18, 1998 Description of agenda item (who, what, where, how much): Purchase Award for preventative maintenance replacement parts for the vacuum filters at the Water Treatment Plant for a total cost of $12,450.00. ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award purchase to Eimco Process Equipment Company for a total cost of $12,450.00. Funding from account code g441-5122-536-46.20. 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: Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~O ~/~ Hold Until: Agenda Coordinator Review: Received: Action: ApproveWDisapproved MEMORANDUM TO: David Harden, City Manager FROM: K. Butler, Buyer ~ THROUGH: Joseph Safford, Finance Director DATE: August 10, 1998 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - AUGUST 18, 1998 - PURCHASE AWARD TO EIMCO PROCESS EQUIPMENT COMPANY FOR MANUFACTURER REPLACEMENT PARTS FOR THE WATER TREATMENT PLANT Item Before Commission: The City Commission is requested to approve the purchase of the above referenced subject to Eimco Process Equipment Company for a total cost of $12,450.00. Background: These items are used for preventative maintenance on the vacuum filters used to process lime sludge. (Please see attached memo) Eimco Process Equipment Company is sole source manufacturer for these replacement parts. (Please see attached letter) Funding for these replacement parts are from account code//441- 5122-536-46.20.. Recommendation: The Purchasing Staff concurs with the recommendation to purchase these replacement parts from Eimco Process Equipment Company for a total cost of $12,450.00. Attachments: Memo From Water Treatment Plant, Dated 8/6/98 Sole Source Letter From Eimco Process Equipment Company, Dated 8/10/98 cc: Jacklyn Rooney, Purchasing Supervisor C~ agenda.doc · aUG- 1.1.-98 TUE 07: 01. P. 02/02 I;;IU[~ 10 '91q a_~::P'T-, FI~ EIt'~ZU PRR'TS & SERU'~L-'E:I~211 526 ~-'-'-'-'-'-'-'-'-'~562 TO 9'l§:l.:]g~?? P.O2,"IEE~ Sa~ LM~e Ci~,, U~h Te/ephone 80t/S26-2000 August 10, 1998 City of Delray Beach, FL Delray Beach, FL 33444 Att: Kay Butler In the event you need to obtain a quotation, or place an order for replacement parts for your Eimco Equipment, Eimco is the "sole supplier" of aH original Eimco manufactured l~arts. Eimco's sole designated Sales Representative for your area is: TSC Corporation One Memorial Center, 4919 Memorial Hwy., Suite 250 Tampa, FL $$634 Phone: (813) 888-5556 Fax: (813) 889-0777 Purchase orders are to be made out to Eimco in care of TSC Corporation, as Eimco will invoice directly. Thanl~ you, Eimco Parts AUG-.7-~ FRI lO:~7 AM CITY OF DELRAY BEACH'~NTP FAX NO. 407 24B 7Bl~ P. 2 P, 04 ~U~-US-9~ ~£D 1~: !~ AUG-.7-88 F~I 18'28 AM CITY OF DELRAY BEACH ~tTP FAX NO. 487 243 7316 P. AU~-05-98 WED 12:11 e:~'u~ EIMCO -' P C.C. / a Baker Huahe5 Compsn¥ PRGE~ 2 ............. L ........................... ORTE= Seru~ce Parts & F~lter ~ed}a Oepar~men'~ DIO#=Z~ -PCO~?e~6/SL P_O. ~ox t00 / Salt Lake C~:¥, Utal~ 94110-0~00 SR~Y 'Telephone B01/526-2100 * Fac=imile aO~/526-Z562 PaRT LEaD IT£~ UNIT TOTAL NU~BER DESCRIPTIO, TI~E HO, PRICf PRICE ZOZ~60R GRIO,GR£EN 54.00 La~911-I BELT GUIDANCE RSSY %60.00 1120.00 L479~8 HERD RSSY,RLIGMIHG,E~E-:- 239.00 956.00 $6,9~&,00 MHEN ORUERING FR~ THIS PROPOSAL TO EN~URE CORRECT PRICING OHO TO HELP E~PEOITE YOUR ORDER. PREPARED B¥~ ~~_ 'rER~ A~O CO~DITION5 PRIC£S ~RE FIRH FOR 9[) DRYS PRICES aRE f,O.8, 8HIPP~HG PT. FREIGHT IS PREP#ID ~INlflUR ORDER IS 9~0.00 LOHG£ST SHIPMENT IS 1 UEE~ RFT£R RECEIPT. OF YOUR PURCHASE ORDER IN S~LT LaKE CITY, UTAH, Agenda Item AGENDA REQUEST Date: 08/13/98 Request to be placed on: Consent XX R~q-~r Agenda Special Agenda Workshop Agenda When: August 18, 1998 Description of agenda item {who, what, where, how much): Bid Award - Bid #98-38 - Co-op Bid Road Construction Materials - Ann,,a] Award to various vendors at an estimated annual £ost of SR]:Q7A.75 for City of Delray Beach. This is a FY 98-99 BudKet Item(s). Award to Hardrives of Delray~ L.B. Truck~nE & Constructfon~ D.S. Eakins Construction and Cahrera & Re~o. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to various vendors listed at an estimated annual cost of $89.974,75 for City of Delray Beach for various road construction materials. FundinK from various department's (Streets Division and Construction Division) operatin~ budEet. Department Head Signature: Determination of Consistency i City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:~ NO~ Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~S~ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Superviso~._ THROUGH: Joseph Safford, Finance Director DATE: August 13, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING AUGUST 18, 1998 - BID AWARD - BID #98-38 CO-OP BID FOR ROAD CONSTRUCTION MATERIALS ANNUAL CONTRACT Item Before Commission: The City Commission is requested to approve award for multiple annual contracts for Road Construction Materials to various vendors listed below, at an estimated annual cost of $81,974.75. Background: The City of Delray Beach is the lead organization for this Co-op Bid. Seven (7) vendors submitted bids on July 10, 1998, based on estimated annual quantities from eight (8) governmental entities. (Bid #98-38 on file in the Purchasing Office.) A tabulation of bids is attached for your review. Delivery Costs: A separate schedule of pricing sheet was included in bid specifications for delivery to each participating entity. Pick-Up Prices: To obtain a more accurate cost for picking up road construction materials with City trucks, total cost concepts were placed in the Co-op specifications (this cost was calculated by sending a driver to pick up a load of road rock and the average multiplier for annual vehicle costs and hourly personnel costs). Awards are to be made individually by each participating entity based on an average cost of $.78 per mile that each entity adds to the truck load price. Each entity clocks the round trip distance from their respective facility to each vendor's pick-up site. In addition to the unit price of the material, now the costs involved in picking up the material are also considered in determining the true low cost to each entity. Attached for your review is the requirements and recommendations for award for the City of Delray Beach. Recommendations are being made to low bidder(s) for delivered materials and bidder(s) with the low truckload cost for pick-up materials. The recommended vendors for the City of Delray Beach are as follows: Vendor Est. Annual Dollar Amount Hardrives Of Delray $50,875.00 L.B. Trucking & Construction 18,249.75 D.S. Eakins Construction 12,000.00 Cabrera & Rego Ent. Inc. 850.00 Total $81,974.75 The Deputy Director of Public Works and Deputy Director of Construction have reviewed the bids and recommend awards as stated above. Recommendation: Staff recommends the multiple awards as outlined above. Funding from department's operating expense budget. Attachments: Memo To Co-op Members and Tabulation of Bids City of Delray Beach Requirements Memo From Deputy Director Public Works Memo From Deputy Director of Construction CITY OF DELI~AY BEACH I~EQUI REMENTS PICK-UP MATERIALS GROUP A: EST. ITEM DESCRIPTION ANNUAL LOW UNIT EXTENDED # USAGE BIDDER COST COST 1. TYPE S-1 ASPHALT 250 TONS HARDRIVES $28.50 TON $7,125.00 2. TYPE II ASPHALT 100 TONS HARDRIVES $28.50 TON $2,850.00 3. TYPE III ASPHALT 250 TONS HARDRIVES $28.50 TON $7,125.00 4. COLD PATCH ASPHALT 150 TONS HARDRIVES $35.00 TON $5,250.00 5. RC#70 TAC OIL 500 GAL L.B. $ 2.00 GAL $1,000.00 TRUCKING 6. PERMANENT COLD PATCH 65 TONS NO BIDS RECEIVED GROUP B: 1. CRUSHED COURSE LIMEROCK 650 TONS HARDRIVES $10.00 TON $6,500.00 2. PIT RUN SHELL ROCK 400 YDS HARDRIVES $ 5.00 YD $2,000.00 3. DRAINFILED ROCK 3/4" 100 TONS HARDRIVES $12.00 TON $1,200.00 4. BEST MASON SAND 25 TONS HARDRIVES $13.00 TON $ 325.00 5. CLEAN FILL DIRT N/A 6. PRECAST CAR BUMPERS 200 EACH HARDRIVES $15.00 EACH $3,000.00 W/ PINS 7. CRUSHED RECYCLED N/A CONCRETE DELIVERED PRICES~ GROUP A: EST. ITEM DESCRIPTION ANNUAL LOW UNIT EXTENDED # USAGE BIDDER COST COST 1. TYPE S-1 ASPHALT 250 TONS HARDRIVES $31.00 TON $7,750.00 2. TYPE II ASPHALT N/A 3. TYPE III ASPHALT 250 TONS HARDRIVES $31.00 TON $7,750.00 4. CRUSHED (RECYCLED) N/A ASPHALT GROUP B: 1. CRUSHED COURSE LIMEROCK 1350 TONS L.B. $ 6.55 TON $8,842.50 TRUCKING 2. PIT RUN SHELL ROCK 600 YDS L.B. $ 8.00 YD $4,800.00 TRUCKING 3. DRAINFILED ROCK 3/4" 400 TONS L.B. $ 8.60 TON $3,440.00 TRUCKING 4. BEST MASON SAND 25 TONS L.B. $ 6.69 TON $ 167.25 TRUCKING 5. CLEAN FILL DIRT 200 YDS CABRERA $ 4.25 YD $ 850.00 6. PRECAST CAR BUMPERS N/A W/PINS 7. CRUSHED RECYCLED 1500 CU YD D.S. $ 8.00 CU YD $12,000.00 CONCRETE EAKINS [ITY OF DELRAY BERI:H DELRAY BEACH ........... '-' '~ · 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561)243-7000 AII-AmedcaCity July 15, 1998 1993 Members Of The Palm Beach County Cooperative Purchasing Council RE: Bid #98-38 Co-op Bid "Road Construction Materials" Dear Members; As the City of Delray Beach is the lead entity for this Co-op Bid, attached you will find the "Tabulation of Bid" sheets and copies of all original bids received in Purchasing on July 10, 1998. The schedule of pricing for Pick-up Prices will be awarded individually by each participating entity based on the pick-up cost of $.78 per mile that each entity will add to the unit price for round-trip travel miles from their respective garage to the vendor(s) site. (Note: pages 7 & 8, Section I of the bid specifications.) The schedule of pricing for Delivered Price will also be awarded individually by each participating entity. Entities which requested Delivered Prices are as follows: City of Delray Beach, City of Boynton Beach, City of Boca Raton, City of Belle Glade, and Solid Waste Authority. See attached tabsheet for each entities individual pricing sheet. If you have any questions, you may reach me at (561) 243-7163. Sincerely, L/Jacklyn Rooney Purchasing Supervisor '~ttachments cc: Joseph Sa~in~ce Director City of Bolm~aton City of Boynton Beach City of Belle Glade City of Deerifeld Beach City of Lake Worth City of Greenacres Solid Waste Authority City of Riviera Beach THE EFFORT ALWAYS MATTERS Printed on Recycled Paper MEMORANDUM To: Jackie Rooney, Purchasing Supe.rvisor \/ From: Jim Schmitz, Streets Superi~ Through: Hoyt Owens, Deputy Director of Public Works~ Date: August 6, 1998 Subject: Bid # 98-38 Co-op Bid - Road Construction Materials I have reviewed the attached bids for Road Construction Materials, and it is my recommendation that D.S. Eakins Construction be awarded the crushed recycled concrete, L.B. Trucking be awarded the aggregate and Hardrives of Delray, Inc. be awarded the balance of the contract. If you have any questions please contact me. MEMORANDUM DATE: July 16, 199~~ SUBJECT: Bid #98-38 Co-op Bid - Road COnStruction Materials Attached is the tabulation of bids a~ies of all bids received for the abovm referenced bid. The schedule of pricing for pick-up prices will be awarded individually by each participating entity based on the pick-up cost of $.75 per mile that each entity will add to the unit price for round-trip travel miles from their respective garagm to the vendor(s) site. The schedule of pricing for the delivered prices will be awarded to low bidder per eamh item. I have attached a copy of the estimated annual usage fo= the City of Delray Beach, and a copy of the award recommendations from the last bid. Please ~eview ~he attached tabulation sheets and copies of all bids received, and forward to Purchasin~ your award recommendation, and I will proceed with the Commission Agenda request. If you have any questions, you may reach me at e×t- 7163_ Tabulation of Bids Copy of Bids Received ~ --~ ~ 1994 Award Recon~endations 86, I£ 9R£ IOd ~9I ld3~ DNI~33NIDN3 PI£L-£PE-Igs 561-245-7314 ENGINEERING DEPT 164 P02 JUL 51 '98 13:44 -- ~ ~ -' 561-243-7314 ENGINEERING DEPT 164 P05 JUL 31 '98 15:44 n ~ ~ ~ ~ ~ o ~ ...... 561-243-?~14 ENGINEERING DEPT 164 P04 SUL 51 '98 13:44 08-17-98 01'03PM FROM W,M&A, P, A,/RMS, P, A, TO 3437166 P002 WEINER, MORICI, & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 OF COUNSEL: MICHAEL 8. WEINER ROBERT MARC SCHWARTZ, P.A. ALFRED G. MORICI Florida ear Board Certified CAROLE J. ARON$ON Raal Estate Lawyer ^ugust 17, 1998 VIA TELECOPIER Ms. Susan Ruby City Attorney Dekay Beach City Hall 200 NW 1 st Avenue Delray Beach, FL 33444 Re: Formano ProPerties; Hearing on August 18, 1998; Item 9.A. Our File No.:FORP002 Dear Susan: This will confirm my client's r~quest to postpone this It~ra until the next City Commission Me. ting. Mr. D~vid H~r~n, City M~gcr Ms. Ann Koplas MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITYMANAGER SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF AUGUST 18, 1998 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION (FORMANO PROPERTIES) DATE: AUGUST 14, 1998 This item was appealed by the City Commission at the August 4th regular meeting. The project (Formano Properties) involves parcels on both sides of N.E. 4th Avenue. As you can see from the attached survey, at least one-third of the existing on-street parking and all of the existing sidewalk are located outside the existing right-of-way. I strongly recommend that we not require any dedication on the west side of the street, but that we request dedication of ten feet on the east side. Maintaining the existing on-street parking is especially important since these commercial buildings fall so far short of meeting the applicable off-street parking requirements. Attached is a copy of the staff report to the Site Plan Review and Appearance Board along with the minutes from SPRAB's July 22nd meeting at which this project was discussed. I recommend approval of the project with the added condition outlined above (i.e. dedication of ten feet on the east side of the street). ref:a~memol5 08..17'98 09:45 '~4073627274 SILBERSTEIN ARCH [~ool Silbersteifl Architects International E99 West Oemino Carden.~ Boulevard, P=ulto 306 T~ 561'362.8263 Fax 561.362,7274 License ARO013424 D.~q/E: AUGUST 17, 10~$ TO: MR. DAVID H. ARD~ CITY MANAGER DELRAY BEACH, FL. FROM: /EFFREY SILBERSTEIN E.E: CONDITIONAL USE REQUEST VILLAS DELRAY VIA: FAX DEAR MR. HARDEN: ]:'T ~'~.~'1: ~ ~nVl~T~ 'rT4AT WW I~I~.CII}~..RT TO ]-TAV~. ~ A]:loxr[~ N~NTIO~ PROIECT POSTPONED TO THE NEXT AGENDA COMMISSIOM MEETING ON SEPTEMBER 15, 1998. DUE TO UNFORSEEN CIRCUMSTANCES I WTT]~ BE OUT OF TOWN ON AUGUST 15, 1998 SINCERELY, ,~ ~ ~,_~~, ^.~.~. ~_ ~ ~//~/~s' cc: P^~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM ~ ~- REGULAR MEETING OF AUGUST 18, 1998 CONDITIONAL USE REQUEST/VILLAS DELRAY DATE: AUGUST 12, 1998 This is before the Commission to consider a request for conditional use approval to establish a residential density in excess of 30 units/acre within the Central Business District (CBD) for Villas Delray, a development proposal involving two potential scenarios. The subject property is located at the southeast corner of N.E. 4th Avenue and N.E. 1st Street. The two development scenarios are as follows: Scenario I proposes a mixed use development consisting of six (6) apartment units and 2,400 square feet of office space, at a density of 30.3 units/acre; and Scenario II proposes a residential development where the 2,400 square feet of office space is converted to 3 one bedroom units for a total of nine (9) apartment units, at a density of 46 units/acre. The Planning and Zoning Board considered the conditional use request at a public hearing on July 20, 1998. Some concerns were expressed about the ability to accommodate on-site parking for the project, especially with respect to Scenario II. After discussion, the Board voted 6 to 1 (Schwartz dissenting) to recommend approval of the conditional use request for Scenario I, based on positive findings and subject to conditions (1) through (6), inclusive, set forth in the attached staff report. The Board then voted 6 to 1 (Schwartz dissenting) to recomment denial of the conditional use request for Scenario II, based upon a failure to make positive findings. Recommend approval of the conditional use request for Villas Delray (Scenario I), based on positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E) (5) (Required Findings) and Section 4.4.13(I) (Performance Standards) of the Land Development Regulations, and the policies of the Comprehenaive Plan, subject to the conditions recommended by the Planning and Zoning Board. Recommend denial of the conditional use request for Villas Delray (Scenario II) based upon a failure to make positive findings with respect to LDR Section 4.4.13(I) (Performance Standards) and LDR Section 2.4.5(E) (5) (Required Findings). ref:agmemol2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY Mg~AGER SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF AUGUST 18, 1998 CLOSEOUT CHANGE ORDER & FINAL PAYMENT/LEDBETTER ELECTRIC (MILLER PARK LITTLE LEAGUE FIELD #1 EMERGENCY ELECTRICAL RE PA I RS ) DATE: AUGUST 14, 1998 This is before the Commission to consider approval of closeout change order #1 in the net deduct amount of $4,376.07 and final payment in the amount of $1,704.05 to Ledbetter Electric, Inc. for completion of the Miller Park Little League Field #1 emergency electrical repairs project. The deduct change order is for liquidating residual monies in the project's contingency allowance as explained in the attached memorandum from Mr. Wight. Funding will be from 334-4173-572-63.90 (General Construction Fund - Miller Park Lighting). Recommend approval of the final closeout change order and final payment to Ledbetter Electric, Inc. for the referenced project. ref:agmemol8 Agenda Item No.: AGENDA REQUEST Date: August 3, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: August 18, 1998 Description of it~ (who, what, where, how much): Staff requests City Commission to approve Final Closeout Change Order #1 to Ledbetter Electric, Inc.. for the Miller Park Little League Field #1 Emergency Electrical Repairs (98-21). Change Order #1 amount is for liquidating residual monies in the Contingency Allowance (Bid Item #2) for a net deduct amount of -$4,376.07. A request is also made for final payment in the amount of $1,704.05 to be made to Ledbetter Electric. A Contractor Evalualtion form is attached for your review. Funding Source is 334-4173-572-63.90 (Miller Park Lighting) ORDINANCE/RESOLUTION REQUIRED: YES/~DRAFT ATTACHED YES/~ Recommendation: Staff Recommen~appr~l of Clo~ut Change Order #1 and final Department Head Signature: ~ ~~ ~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recon~endation (if applicable): Budget Director Review (r~i. red on all items involving expenditure of funds): Funding available: E~NO Funding alternatives (if applicable) Account No. & Description~- ~1'7 3 q'72 - ~.~, gQ ~,l/,.r ~)a,~/( d/h~;- Z-rnm,-m) Account Balance~.~,~9~_______ Ww'O ~ F////gF - - ' ~ ,! . . ~, · ~.- City Manager Review: ~/ ~ ~ . 0 . Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen9821.doc Memorandum To: David T. Harden, City Manager I/ From' Howard Wight, Dep Dir Construction Divisi~~ Date: August 8, 1998 Re: Miller Park Little League Field #1 Emergency Electrical Repairs 98-21 Final closeout Change Order I Final payment Attached for Commission approval is an agenda request for closeout Change Order #1, Final to Ledbetter Electric on the above referenced Project. The amount of Change Order #1 is a deduct amount of $4,376.07 for liquidating the residual monies in the Contingency Allowance (Bid Item #2). The Contingency Allowance item of $5,000.00 was set up in the proposal/contract by the City to provide for unforeseen field changes/conflicts that may occur on the Project (see attached P-l, P-2). It was established to provide staff the flexibility to make changes in the field for City requested enhancements or due to unforeseen field conditions which may be encountered during construction. Due to the emergency nature of this Contract it was to be used on an "as needed basis" for expediting the progress of construction to meet the Contract completion date of May 15, 1998. Two items totaling $623.93 of the $5,000.00 was approved and charged against the allowance. 1) for $282.63 for removing the hand holds on the top of the poles to enable mounting of the new fixtures. The closeness of the hand holds to the mounting area could not be determined from the ground and thus was not included. 2) for $341.30 for painting of the mounting hardware will provide a long term maintenance benefit to the city. Our consultant, Dan Thompson, with TEC concurs with these charges (see attached). Ledbetter has requested several other extras which have been denied. City staff and Dan Thompson concur that these should have been included in lump sum Bid Item #1 "Total bid price for furnishing all labor, equipment, and materials to complete the Miller Park Field #1 Emergency Electrical Repair per the attached plans specifications". They do not reflected "value received" enhancements nor were they unforeseen conditions prior to bid. The items include removal of nesting parrots (non protected species visible from ground for bidding); proper sized lift to install lights (means and methods determined by bidder); additional tools required to perform the work (means and methods); and additional hardware required to mount fixtures (part of requirements of bid for installing specified equipment). A Contract requirement was that all work was to be completed by May 15, 1998 was not met. Due to delays in shipping from the light fixture manufacturer, the lights were not placed in operation until June 26, 1998. Liquidated damages were not included in the Contract which limits our recourse against the contractor. However, due to the delay, several scheduled Little League tournament functions had to be relocated to other venues. We also request final payment in the amount of $1,704.05 be made to Ledbetter. A Contractor Evaluation form is attached for your review. Funding Source for the Project is 334-4173-572-63.90 Miller Park Lighting File: Memo to City Manager CC: Richard Hasko Joe Weldon 9821A BID FORM SCIq:ED~ OF PR.ICING BID 98-29 1. TOTAL BID PR.ICE FOP. FURNISHING ALL LABOIL BQUIP~, AND MATEP. IALS TO COMPLETE THE MILLER. PARK FIELD #1 EMERGENCY ELECTRICAL P, EPAIR PEK THE ATTACHED PLANS SPECIFICATIONS: 2. CONTINGENCY ALLOWANCE 1 LS $5~000.00 .. . 3. INDEMNIFICATION 1 LS 10.00 TOTAL BID PRICE ~' ~' Cents Variances to the specifications? P-1 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1, Final PROJECT NO. 98-21 DATE: PROJECT TITLE: Miller Park Little League Field #1 Emergency Electrical Repairs TO CONTRACTOR: Ledbetter Electrical, Inc, YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOP, THIS PP,OJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Contract Amount As-Built Amount Bid Item #1 - Lighting Complete per Plans Specification $53,996.00 $53,996.00 Bid Item #2 - Contingency Allowance $ 5,000.00 $ 623.93 Bid Item #3 - Indenmification $ 10.00 $ 10.00 Totals $59,006.00 $54,629.93 SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $59,006.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $59,006.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ -4,376.07 ADJUSTED CONTRACT AMOUNT INCLUDING TI-IlS CHANGE ORDER $54,629.93 PER CENT DECREASE THIS CHANGE ORDER -7.5% TOTAL PER CENT DECREASE TO DATE -7.5% 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. l_~xlbetter Electric, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Sources is 334-4173-572-63.90 (Miller Field Lighting) DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk £1TY DF DELRI:I¥ BEI:II:H DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 Ail-America City 993 Mr. Bill Frey Ledbetter Electric, Inc. 214 N. Swinton Ave . Dekay Beach, FL 33444 RE: Miller Field Lighting (PN 98-21) Additional items Dear Mr. Frey: The City received your invoice #5318 and has reviewed it with our consultant, Dan Thompson (see attached letter). We have concluded that all of the items claimed should have been included in the scope of work. Two allowable exceptions to this are the removal of the "hand holes" on the pole; and the painting/repainting of the mounting hardware. Please furnish separate costs for these two items. Upon review and acceptance they will be charged against Contract Item #2 Contingency Allowance. Your current invoice is being processed and should be ready on July 10, 1998. The amount will reflect the total amount of the work completed to date less 5% retainage. Payment of the retainage and the two claim items above will be paid after City Commission approval for final payment on the July 21, 1998 agenda. Dep Dir ESD, Construction cc: 98-21A THE EFFORT ALWAYS MATTERS Prtnre~ on Rec)~le~ P~er m-vo c 214 N. Swinish Av~nu~ Delray Beach. FI. 334~4.2724 (s~) ~s-~ N~er: 005318 DaCe: 06/29~98 CITY OF DELRAY BEACH Acco id: CDBMP ACCOUNTS PAYABLE 100 NW i AVE Job: CDBMP DELRAY BEACH FL 33444 CITY OF DELRAY BEACH Re: ~D-98-25, MILLER AS PER B IDr 98 - 29 EMERG- ENCY ELECTRICAL REPAIRS AT MILLER PARK, CONTINGENCY ALLOWANCE FOR THE SUM OF $5,000.00. *CONTINGENCY ALLOWANCE 5000 *ADDITIONAL COST OF LIFT INCURRED, $2,940.60, FOR CHARGES OF HIGH REACH LIFT NOT FIGURED IN ORIGINAL BID. *ADDITIONAL COST OF TOOLS & EQUIPMENT INCURRED, $1,081.49, FOR AQUISITION OF TOOLS & EQUIPMENT NOT FIGURED IN ORIGINAL BID. *TOT]~L ADDITIONAL COST $6,388.74. Total: 5000.00 Jul-0~-98 09:53A T.E.C.,Inc. 407 274-0222 P.01 , City of Delray Beach _ Engineering Department -- - {Images 434 S. Swinton Ave. Delr~y Beach, Florida Attn.: Mr. Howard White Pho~# Project Manager Re: Miller Park Little League Field Lighting Dear Mr. White: I met with Mr. Bill Frey of Ledbeaer Electric on Wednesday July 1, 1998 to discuss claims against the contingency fund for the project. I don't have a copy of the contract between the City and Ledbetter Electric so I do not know how thc contingency fee was spelled out in ',he contract. Normally it is to cover items uncovered that are unforseen, not apparent because they are covered up or not visible, changes that may be requested by the owner once thc project is .underway, etc.. It is my opinion that some of the items claimed against the contingency are not appropriate and should have bec= known to the contractor during his bidding of thc project. They are: 1. Removal of the birds nesting in the cat walks and cross arms was readily apparent on visiting the site and the bidding conlractors were aware of the problem. 2. Additional cost of the lift is not a reasonable charge against the contingency. The site conditions, heil~t of the poles and area of work are readily apparent on the plans and on a visit to the site. The contractor is solely responsible for the means an methods he uses to accomplish the work. 3. Cost of additional tools and equipment is not a reasonable contingency expense, for the same reason as given in item two above. 4. Additional hardware required m mount fixtures should not be a contingency expense. Between the contractor and his supplier they should know what is required for the conditions that were represented on the plans and at site. This is a cost that should be in the original bid for the project. Removal of the hand holds on the poles m order to install the junction boxes on the pole is a legitimate expense that should be allowed against the contingency fund. The closeness of the hand hold to the mounting ama required could not be determined form the ground during bidding or design. ~ W.~.~T I IkrT~N ~! Vf'3 .~1 liT; Jul-.0~-98 09:53A T.E.C.,Inc. 407 27¢-0222 P.02 City of Delray Beach Miller Ficld July 3, 1998 Painting of the mounting hardware is a IFey area. h is my undc'rs~ding that the hardwar~ came with scratched and marred 6nish, if this is the case, then Ledbetter could back charge the supplier for delivering damaged materials. I don't know, but I believe that Ledbet~er could work this out with his supplier. On the other hand, the painting definitely is a benefit to the city and it may be a legitimate charge. I ~ink this is your call to make. G-en~Iy L~b~-~er EI~tric Inc. ~lid a very goed jolo with the installation of the lighting fixtures and I am plc. a,~l with ~h~ir work. Thc only P:maining thin/s to do tl~t I am aware of is to lix one ballast that s~---'ms to be a problem and test the light levels at night. I will do this with the Lithonia representative when we can arrange a time and the Ii/lit is fixed. If you have any questions or comments please cai1. Yours truly, Dan Thompson, P.E. Encl. Cc. Mr. Bill Frey- Ledbetter Electric INVOICE Number; 005343 DaLe; 07/13/98 CITY OF D~LRAY BEACH Acct id: CDBMP ACCOUNTS PAYABLE 100 NW 1 AVE Job: CDBMP DELRAY BEACH FL 33444 CITY OF DELRAY BEACH Re: BID-98-29, MILLER PARK CONTINGENCY ITEMIZED AS FOLLOWS BRACKET PAINTING LABOR 258.00 12 ~[kN }tOURS ~D HOLD ~TERIALS 35.30 Total: 633.93 INC. 214 N. Swinton Avenue Delray Beach, FL 33444-2724 (561) 276-7383 JULY 15, 1998 MR. DAVID HARDIN CITY MANAGER CITY OF DELRAY BEACH 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 RE: MILLER PARK FIELD LIGHTING PRJ 98-021 FINAL CONTINGENCY ALLOWANCE BILLING TO BE ADDRESSED 7/21198 CITY COMMISSION MEETING DEAR MR. HARDIN WE HAVE ENCOUNTERED SOME PROBLEMS REGARDS THE ABOVE . IT IS IMPORTANT THAT WE RESOLVE THESE ISSUES BEFORE THE MEETING MENTIONED ABOVE. I WILL DESCRIBE THE PROBLEMS IN HOPE THAT YOUR ASSISTANCE MAY EXPEDITE THE RESOLUTION OF THESE ISSUES. WE HAVE PERFORMED AND COMPLETED OUR CONTRACT (PAGES A-3 AND A-5 ENCLOSED) OBLIGATIONS AS EXPEDITIOUSLY AS POSSIBLE, HAVE DONE AN EXCELLENT JOB, AND HAVE BEEN TOTALLY COOPERATIVE WITH ALL PERSONS INVOLVED THROUGHOUT THE JOB. OUR INVOICE BILLING WAS DONE BASED ON THE BASE CONTRACT AMOUNT OF $53,996.00 (SEE CONTRACT PAGE A-3) AND THROUGHOUT RETAINAGE HAS BEEN WITHELD. THERE IS NO CONTRACTUAL BASIS FOR THIS. I AM BRINGING THIS TO YOUR ATTENTION IN SUPPORT OF THE MAIN ISSUE AT HAND. WE HAVE RECETLY INVOICED, ON SEPARATE OCCASIONS, FOR THE "CONTINGENCY ALLOWANCE" (INVOICE 005318, 005343, 005344) AND AS OF THIS DATE INVOICES 005318 ABD 005344 HAVE BEEN DENIED. INVOICE 005343 IS APPARENTLY STILL UNDER CONSIDERATION. WE HAVE BEEN COMMUNICATING WITH MR. HOWARD WIGHT AND MR. JOSEPH WELDON IS AN EFFORT TO OBTAIN APPROVAL OF THE "CONTINGENCY ALLOWANCE." SINCE WE HAVE BEEN UNSUCCESSFUL IN THIS EFFORT A DIFFERENT APPROACH IS IN ORDER. CONTINUED INC. 214 N. Swinton Avenue Delray Beach, FL 33444-2724 (561) 276-7383 PAGE 2 HAVING REVIEWED ALL PERTINENT DOCUMENTS REGARDING THIS PROJECT, I HAVE REACHED THE FOLLOWING CONCLUSIONS. WE ARE NOW INVOICING FOR THE ENTIRE "CONTINGENCY ALLOWANCE" (INVOICE 005345) BECAUSE THERE IS NO CONTRACTUAL BASIS REQUIRING LEDBETTER ELECTRIC, INC. TO JUSTIFY ANY PORTION OF THIS BILLING (SEE CONTRACT PAGE A-3 AND PURCHASE ORDER #566692 ENCLOSED). I BELIEVE COMPLETE CONTRACT DOCUMENTS ARE AVAILABLE AT THE PURCHASING DIVISION OFFICE FOR YOUR REVIEW. WE ARE ALSO INVOICING FOR RETAINAGE (INVOICE 005346 ENCLOSED) AT THIS TIME. THE CONTRACT AND PURCHASE ORDER INDICATE $59,006.00 AS THE AMOUNT APPROVED AND WE ASSUME BUDGETED FOR THIS PROJECT. THERE ARE NO DEFINITIONS OF ANY KIND RELATIVE TO THE "CONTINGENCY ALLOWANCE" OR ADDRESSING THE RETAINAGE ISSUES. IT IS OUR OPINION THAT WE SHOULD BE PAID $59,006.00 WITH NO APPROVAL OF ANY PORTION OF THAT AMOUNT NECESSARY. IF ANY FURTHER DEBATE IS NECESSARY PRIOR TO CITY COMMISSION APPROVAL, I WOULD BE GLAD TO MEET WITH YOU AND ANY OTHER INTERESTED PARTIES, AT YOUR CONVENIENCE, PRIOR TO THE JULY 21, 1998, MEETING OF THE CITY COMMISSION. IF NECESSARY, PLEASE ALLOW SOME TIME ON THE MEETING AGENDA TO ATTEMPT TO FINALLY RESOLVE THIS MATTER. SINCERELY, WILLIAM F. FREY CUSTOMER SERV,CE ENCLOSURES COPY: HOWARD WIGHT JOSEPH WELDON FINANCE FILE 8. CONTRACT AMOUNT SCHEDULE CONTRACT SCHEDULE OF PRICING BID 98-29 1. TOTAL BID PRICE FOR FURNISHING ALL LABOR, EQUIPMENT, AND MATERIALS T~D COMPLETE THE MILLER PARK FIELD #1 EMERGENCY ELECTRICAL REPAIR PER THE ATTACHED PLANS SPECIFICATIONS: 1 LS 53.996,00 2. CONTINGENCY ALLOWANCE 1 LS $5.000.00 3. IND~ICA~ON 1 LS 10,00 TOTAL CONTRACT AMOUNT $59.006.00 Dollars , 00 Cea~ts , · .... ........... ,. ..... Fifb] nine thousand si~ dollars and no cents Variances to the specifications? Lithonia Li~htine Challenger Eo_uipment IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year flint above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA ,w~-'City Attorney · CONTRACTOR: ~.~'~T~ R.. (Print or type nam~ (Print or type name and..fi~Je) (SEAL) 214 N. Swinton Avenue Delray Beach, FL 33444-2724 (S61) 276-7383 AUGUST 18, 1998 CITY OF DELRAY BEACH ATTN: DAVID HARDIN 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 RE: 8/18/98. AGENDA #9C MILLER PARK LITTLE LEAGUE FIELD #1 LEDBETTER ELECTRIC, INC. REQUESTS PERMISSION TO ADDRESS THE CITY COMMISSIONERS AS THE VERBAL OFFER RECEIVED AFTER A BRIEF MEETING ON MONDAY, AUGUST 17, 1998, WITH CITY STAFF MEMBERS IS UNACCEPTABLE. THANK YOU, GARy-E.K-~UZEI~, SR. CC: JOE WELDON HOWARD WIGHT Jul-O~-gB 09:53A T.E.C.,Inc, ~07 274-0222 P.01 City of DeL-ay Beach _ 434Ea85:ecz'~gS. Sw~tonDCpmlment Ave. Post-i~ Fax NO~ 7671 De~y B~h, Florida 33~4 ~" ~ ~9 De~ ~. I met with Mr. Bill Frey of Ledbc=er Electric on Wcctuer, day July 1, 1998 to discuss claims against the con~ngency fund for the project. I don't have a copy of thc contract benveen the Ci~ and l..~lbetter Electric so I do not know how the contingency fee was sp~lled out in the conlract. Normally it is to cover items uncovered that are unforseen, not apparent because they are covered up or not visible, chanl/gs that may be requested by the owner once the project is .underway, etc.. It is my opinion that some of the items claimed agains~ thc conl/ngency are'not ~ppropl'/ate and should have been known to the contractor during his bidding of the project. They are: 1. ~temov~l of the.hints nesting in ~he cat w~Ik~ md crma ~ wu read/ly ~plm'mt on~ vi~/daS the ~it=~,t the biddias con~-acton w~ ~w~ ifthe probit. 2. Additional cost of the lift is not a rmsonablc charge aga/nst the cbntingency. The site conditions, l~/~bt of the poles md ~ofwodr ~m reMib, ~l~oa tho plum md o- ~ vis/t to the ~ The contractor is solely responsible for the means ~n methods he uses to accomplish the work. 3. Cost of additional tools and equipment is not a reuonable contingency expense, for the same reason as given in item ~vo above. 4. Additional hardware rcquh'cd to mount fixtures should no! be a contingency expense. Bet~veen the contractor and h/s supplier they should know what is rcquix~ for the conditions that were represented on thc plans and a: s/te. This/s & cost that should be in the original bid for the project. ~ expense that should be allowed agahs~ the conl/n~ncy fund. The closeness oft. he, ~ hold to the mounting ar~ required could not be deteemined form the ~otmd dm/ne bidding Jpl-.Ot-98 09:53A T.E.C.,Inc. 467 274-0222 P.02 City of Delray Beach Mill~ Field Painting of the mounting hardware is a grey ~ It is my u~d~rmnding that th~ hardwar~ c~me with ~a'atched and marred sni~h, if this is the c~¢, then Ledbettet could back charge the supplicr for delivcri~ damag~ matcriala. I don't know, bm I believe that Ledbet~ could wo?.. this out with hi~ impeller. On the other ha~L ~llllilll~,~~ttl a ~:tla tl~and ~t may be a legitinm~ charge. I think ~ t~ your cai1 to make. Oencrally I~*ucr Ble~rlc Inc. did avcry good job with thc ln~llation ofthe lt~hting fixtures ~ I ~n plc~c~ with thcir wor~. Thc o~ly ~ mt~ to ~1o that I am aw~ of is to fix one ballast that ~ to bca problem .md te~l the light level~ at ~i~ht, I will do this with the Lithonia representative when we cau arrange a t~,~e and the Ii~l i~ fixed, If you have any question~ or comments please call. Yours truly, "i' Dan Thompsom P.E. Bncl. , Cc. Bill Frey- Ledbctt r Blectric G.E. POWER-SPOT Ill FLOOD LIGHT 1000 W METAL HALIDE LAMP, 240V BALLAST WITH IO,OOOV. T.I.L. RATING PROVIDE SUITABLE MOUNTING BRACKET & BOLTS CROSSARM AND STRUT FURNISHED W/- FIXTURE, (TYPICAL), WITH LIGHT FIXTURES TO WITHSTAND SEE POLE SCHEDULE FOR FIXTURE TYPE 110 MPH WINDS AND A 1.5 GUST FACTOR. LIGHTNING ARR£STOR-- 650 VOLT-3 POLE 'GE" # 9LISECCO01 NEMA 4X TERM. BOX W/ GASKETED COVER AND TERMINAL STRIPS FOR PHASE ....... ~ E~DUIP. GROUND CONDUCTORS. BOND GROUNDING STRIP TO BOX. USE FLEXIBLE CONDUIT TO .EXISTING POLE WITH #14 AWG CU TO CONNECT FISTURES. STRAP TO CROSS ARM OR RUN INSIDE CROSS ARM TO EACH FIXTURE. EXISTING LADDER HOOPS NEW NEMA4X DISCONNECT -,~-- NEW BROOKS BOX EXISTING GRADE --~ 5/8'¢ x 16' DRIVEN COPPER WELD GROUND ROD. ', ' TYPICAL POLF¢ DETAIL MEMORANDUM DATE: August 13, 1998 TO: David Harden, City Manager / //,)_ FROM: Lula Butler, Director, Community Improvement RE: Code Enforcement Liens1221-223 SW 13th Avenue ITEM BEFORE THE COMMISSION: City Commission consideration of the request from Mr. Josh Smith, Jr., owner of the above referenced property to release liens and other charges assessed to this property totaling $876.59. BACKGROUND: Mr. Smith was cited under our Code Enforcement nuisance abatement process several times over the past 10 years. Four of the violations resulted in non-responses within the specified time period requiring abatement by the City. Non-payment of the initial costs assessed resulted in liens being filed against the affected property. The same have accumulated interest and now total $876.59. Mr. Smith is requesting City Commission release of these liens, and the opportunity to present his reasons at the meeting. I have attached a summary report from the Code Administrator detailing the liens and the amounts assessed. RECOMMENDATION: Staff is recommending that City Commission require the payment of the liens unless Mr. Smith is able to demonstrate reasons acceptable to the Commission that would justify releasing them. Agenda Item No.' AGENDA REQUEST Req~uest to be placed on: Date: August 13, 1998 .)4~ Regular Agenda Special Agenda Workshop Agenda ~ Consent Agenda When: August 18, 1998 Description of item (who, what, where, how much): City Commission consideration of the request from Mr. Josh Smith, Jr., owner of a property at 221-223 SW 13th Avenue to release liens and other charges assessed to this property totaling $876.59. (Example: Request from Atlantic High School for $2,000 to funds project graduation). ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff is recommending that City Commission require the pa_wnent of the liens unless Mr. Smith is able to demonstrate reasons acceptable to the Commission that would justify releasing them. Department Head Signature: City Attorney Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: .(if applicable) Account No. & Description: Account Balance: City Manager Review: ~g~ Approved for Agenda: ('¢ES/VNO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved Disapproved Memorandum TO: Lula Butler, Community Improvement Director ,I/~'" FROM: Richard Bauer, Code Enforcement Administrator SUBJECT: ANALYSIS OF CHARGES DUE FROM JOSH SMITH, JR. AS A RESULT OF CODE ENFORCEMENT ACTIONS, DATE: August 13, 1998 1. Per computer miscellaneous receivables information, the balance due as of August 13, 1998 is $876.59 and is comprised of the following: Code Code City Enforcement Notice Original Actual Enf. Clerk City Clerk Case Date Invoice Vendor Admin. Admin. Recording Number # Payment Fee Fee Fee NA90-11657 4/4/90 14316 $150.00 $ 35.00 $15.00 $ 2.20 NA90-505 11/9/90 15168 78.00 55.00 15.00 5.54 NA93-14965 11/10/93 774 50.00 55.00 15.00 3.94 NA94-17239 5/10/94 3084 35.00 55.00 15.00 2.83 TOTALS ~313.00 $200.00 $60.00 ~ SUMMARY ACTUAL PAYMENTS TO VENDOR $313.00 RECORDING FEES 14.51 ADMINISTRATIVE FEES 260.00 ACCUMULATED INTEREST 289.08 TOTAL DUE AS OF 8/13/98 $876.59 2. Code Enforcement Board Case 93-12474 Fine Assessment Hearing was held August 11, 1998, at which the Code Enforcement Board ordered a $300 fine for non-compliance with a landscape code violation. The fine is due and payable within 10 days of the issuance of the executed Board Order and if not so paid, a lien will be filed. RB:mh REQUEST BEING MADE TO THE CITY MANAGER'S OFFICE TO BE PLACED ON THE AGENDA TO SPEAK TO THE CITY COMMISSION AT THE NEXT EARLIEST COMMISSION MEETING SUBJECT: TO REITERATE THE CIRCUMSTANCES RELATIVE TO MY CORRESPONDENCE TO THE CITY COMMISSION OF JULY 17, 1998, WITH REGARD TO THE GEOGRAPHICAL/RACIAL DISCRIMINATION AGAINST MINORITY RESIDENTS AS IT RELATES TO THE GROSS DISPARITIES AND INEQUITIES WITH REGARD TO PAVED VS. UNPAVED ALLEYWAYS AND THE GROSS DISPARITIES AND INEQUITIES WITH REGARD TO OUTSTANDING CODE VIOLATION FINES ASSESSED. ALSO INCLUDED WILL BE A REQUEST FOR A RESPONSE TO THE RELIEF SOUGHT THAT I ALLUDED TO IN THE CORRESPONDENCE TO THEM. THIS WILL INSURE THAT IT BECOMES A PART OF THE CITY COMMISSION PUBLIC RECORD. March 10, 1998 Mr. David T. Harden : ' City Manager, Delray Beach 100 NW First Avenue Delray Beach, FL 33444 Dear Mr. Harden: I am in receipt of your correspondence of February 26, 1998. { appreciate your response and despite the delay, it was the quickest response that I have received, using requests made to some of your subordinates as a comparative base. On September 16, 1997, Mr. Meeteer and I canvassed the City to determine whether my alleyway research data was even remotety close to being accurate; I believe that our observations confirmed the data. What Mr. Meeteer said that he was going to recommend based on our observations, was that the outstanding fines balance reflected by the monthly statements that I receive be waived and we would start over with a clean slate. There was no distinction made between accrued interests and payment for city expenses. Knowing Mr. Meeteer as I think I do, I find it difficult to believe that he would have indicated that he said anything otherwise. Granted, the City primarily paved alleys in commercial areas, the commercial areas were always in locations that also were comprised of white residential and rental properties that were owned by white citizens. I think the concern here is a factor that's tantamount to "affirmative action", and affirmative action was initially conceived as a method of affirming the injustices dealt to minorities in general and blacks specifically, caused by an uneven playing field. Because justice requires equal and fair treatment, justice requires programs and decisions to remedy discrimination against minorities in general and blacks specifically. If Delray Beach is going to live up to being the Ali-American City designation, taking pride in positively oriented race relations, then Delray Beach needs policies and decisions designed to remedy past decisions that gave the majority ethnic group an unfair advantage. That is not necessarily giving minorities any special favors, but merely to level the playing field. You were not a part of these past decisions that I am alluding to; no one can blame you, but nonetheless, those decisions were made and have adversely impacted minorities in certain ways and continue to do so. Even when you eliminate the commercial areas within the City and focus only on the residential areas with regard to alleyways, based on your own data, there are 150% more paved alleyways in the white residential areas than in the black and Hispanic areas. With regard to Visions 2000 Assembly report, you sent me a listing of the participants which did include black representation. That was based on the infrastructure needs identified in Visions 2000. However, with my background in management, you as well as I know that quite often the issue is not the information provided, but the omission of certain information. Those black participants had no idea that this would result in the wide-ranging disparities with regard to paved versus non-paved alleyways that now exist. They still have no idea of the disparities. In fact you yourself had no idea of the disparities until I was forced to request, analyze and present the data to you. Had this information been known by the black participants, they would have been in a position to make more well formed decisions based upon concerns that in all probability would have been raised. I appreciate your offer to recommend to the City Commission that the normal feel associated with abandonment petitions be waived. However most of the rental apartment tenants on S.W. 12th Avenue use the alleyway to park their vehicles in the rear of their apartments instead of on the S.W. 12th Avenue street side. They would not be able to do that if the owners had their properties fenced in as I do. Under those circumstances, I don't think the owners of those rental units would be amenable abandoning the alleyway. There have been at least one instance wherein the code enforcement division charged me with a bill for work that had not been done, only to have retracted the charges because the work had not been done. Quite frankly, I am apprehensive about whether some of the work that I have been charged with was ever done and I have expressed this fact to Lula Butler. Please find enclosed my correspondence to Lula Butler on July 12, 1997, her correspondence to me on July 25, 1997 and my subsequent response to her on July 29, 1997. In a subsequent follow-up phone conversation from her to me, she indicated that it may take a little time to honor this request, but it would be done. That was almost seven(7) months ago and I have heard nothinq from her since, however that has become typical of what experience has tauqht me, of what I can. expect from her. If she can present me with what she promised that she would, I would be amenable to your proposal. In lieu of her refusal or inability to present me with the information that I requested, I'm certain that you can understand my apprehension with regard to the charges. If the circumstances were reversed and you were in my position under the circumstances, I'm sure that you would also have some degree of apprehension. However I made the request in writing on July 29, 1997, and it is now March 10, 1998, not only have I not received the requested information, but I have heard absolutely nothing from Lula Butler since. The problem as I perceive them are two-fold; 1) The Jack of a formal or informal policy to remedy past decisions resulting in wide-ranging disparities with regard to locations of paved versus unpaved alleyways and 2) My apprehension with regard to the accuracy of the charges based upon a refusal or inability to provide me with requested information which would authenticate the charges. I would like to make a request of you and I apologize for not going through the channels of the person to whom I would normally make this request, but I'm afraid that my request would be ignored if I chose that route. All city residents having outstanding code enforcement balances as I do, should be a matter of public record. I would like the names and addresses of all such individuals and I will pay whatever fee is necessary with regard to the preparation of this information. Sincerely, Josh Smith, Jr. PROPERTY NO. ASSESSED VALUATION YEAR LAND BUILDINGS TOTAL Misc. WIDOWS- VL="~E:R A NS TOTAL HOM E:STE:AD NET ' D ESC R I PT I O N ~EAS0~ AT~NTIC PA~ G~D~S ~A~ BLOCK & ~96~ Lot 6 1966 ~96~ t96~ 197o PAYMENT RECORD TOTAL TOTAL RECEIPT BA~NC[ VALUE TAX , NUMBER ~ISGOUNT ~N-INT AMT-PAID DAT~ ~,90 A 031 /+.70 12/3/65 O0 ~90 ~367 /+.70 ~ 12/2/66 OC /~.~/3 104.76 12/5/67 O0 x.oglmo 1 0% 3 1 28,00 A387 122.88 12/4/68 O0 ASSESSMENT RECORD ~. Do .~rlc=t, Sr. 8 Josh, Jr. & Mary Marie' Smith - ......... ~. 213 S.W. 13th-Ave. -~'"~i'~r' B~t~¼~ !" I:'-~.A-~ Delray Beach, Florida W/D 9/15/65 g~,~F-~r~- Z./,~.,'~ ~"~.-~4~,q''~ ~/~/2F 10 NUISANCE ABATEMENT Per Res. No.73-90 NUISANCE ABATEMENT Per Res.No. 84-94 $202.20,Int. starts 10/1/90 (Inv.#14713) ~07~.8'3, iht.starts 8/01/94 (Inv.#3084) NUISANCE ABATEMENT Per Res. No. 45-91 12 NUISANCE ABATEMENT: Per Res.No. 21-94 $76.77,Int.starts 7/18/91 - $123:59, Int~ starts 3/10/94(Inv.1/774) Inv. #15964 & Inv.# 15965) PROPERTY NC. , ASSESSED VALUATION ' '" X E M P T I O N $ FEAR LAN O BU I LOI NG$ TOTAL MISC. WIDOWS VETERANS TOTAL HOMESTEAD. NET VALUE / 1968 ~,/' ~ ~-'0 ,~c:~ "~" C~ .1970 , , DESCRIPTION P~SO~ A~ANTIC P~K GA~ENS ~,~ BLOCK ~ ~ 196~ Lo~ 7 196~ ~ 1968 196~ 1970 TOTAL TOTAL RECEI~ P A Y M E N T R E C O R D VALUE TAX NUMBER DISCOUNT PEN-INT AMT-PAID DATE BA~NCE ~,~ o .q o~ ~.7o ~/3/~5 oo k,90 .q:~68 4.70 / 11/25/66 00 5.7:5 .# :~ 8 6 5.50 11/29/65 00 6,20 .q:588 5.95 12/4/68 00 ASSESSMENT RECORD ~ n ~+ Sr. 8 Josh, Jr. & Mary B. Smith ~-o~.-~,~-~ _~_v_~.. 221 S.W. 13th Avenue ' ~-~--a .... -~---,~-'-~ -~°--- Delray Beaeh, Florida 33444 Q/C/D 8/14/45 W/D ~/26/70 NUISANCE ABATEMENT Per Res. No. 45-91 I0 ~' $76.77,Int.starts 7/18/91 (Inv. #15965) 12 CLAIM OF LIEN STATE OF FLORIDA ) COUNTY OF PALM BEACH) SS Before me, the undersigned authority, personally appeared David M. Huddleston, who, being duly sworn, says that he is the agent cid of the claimant, CITY OF DELRAY BEACH, whose address is 100 N. W. 1st Avenue, Delray Beach, Florida, claims a lien on the real property at ~21-223 S. W. 13th Avenue, Delray Beach, Florida, more fully described as follows: Atlantic Park Gardens, Delray Block 4, Lot 6 for water, sewer, and garbage services rendered at the request of the applicant thereof; that the name of the applicants are Jerry Johnson & Nedre Johnson; that water, sewer, and garbage services was rendered.through July 15, 1976; and that demand on the applicant for payment was made by mail; that the amount claimant demands for water, sewer, and garbage services furnished is $49.90; that no part thereof has been paid; and there is now due and remaining unpaid thereon, after deducting all credits and offsets, and adding cost of lien recording, the sum of $54.50, in which amount the CITY OF DELRA¥ BEACH claims a lien on said property. Witnesses: CITY OF DELRAY BEACH Sworn ~o and~sub ibed before me Prepared_by: this ~0~h~ay ~£~.S~ept_ember, 1978. David M. Huddleston My c0~i~s'm.o~$.exD' re : _ . Hall .<.',~ ' "~.?./,- ...... ~, 100 N W. 1st Avenue 3..-:~...'.,. ' ' : ~., '. '? ?~ ~..~.. ,~ ,,.~,~:. ',. ~ c,.,,, ~., Delray Beach, FL 33444 :.~ · -.:~,.~.~' -:;?.'.~ .: '~;?~;;;"~';~;~'.~'"" PALM CFF MEMORANDUM DATE: August 14, 1998 TO: David Harden, City Manager FROM: Lula Butler, Director, Community Improvement //~/~ RE: Request for Release of Lien ITEM BEFORE THE COMMISSION: City Commission consideration of a request from Dennis & Emilie Hoinig to reduce the interest and administrative fees assessed on Code Enforcement liens resulting from the abatement of nuisances to a vacant tract of land adjacent to their home in the amount of $916.00. BACKGROUND: The vacant lot is located north of 526 NW 8th Avenue (Lake Ida Subdivision). It was acquired by the Network Financial Corporation, along with several other properties in this subdivision, for new single family units. This lot did not meet minimum requirements under the Land Development Regulations for the R1-AA residential district. The bank's request to rezone the property to R1-A was denied by the Planning & Zoning Board and they sought relief through the court system. The City's position was upheld by the court. The owners were cited through the Code Enforcement process for nuisances that were abated by our contracted vendors. The adjacent homeowners (both sides of the lot) are negotiating with the bank to acquire this lot. There is a total of $1,420 owed to the City for the abatements; $916.00 of this amount is the accrued interest and administrative fees assessed. The attached letter from the Hoinigs requests that the Commission reduce the liens by releasing the accrued interest and administrative fees. They are proposing to have the City's actual out-of-pocket costs ($504.00) paid. The property will be sub-divided equally to both adjacent property owners. RECOMMENDATION: Staff is recommending City Commission consideration of a reduction of the liens from $1,420 to $504 to facilitate the purchase of this lot. The owners are prepared to upgrade and maintain this property after the acquisition is completed. LB:DQ Hoinig. CC(Ib) ~ ~ August 8, ! 998 To: The City of Delray Beach Lula Butler From: Dennis & Emilie Hoinig 526 N. W. 8th Avenue Delray Beach, FL. 33444 (561)265-2033 Dear Lula, This letter is concerning the property directly north of our property at 526 N.W. 8th Ave, Delray Bch. As we have discussed with you by phone, This property has been sitting empty and neglected since ! 990. This due to it's size (60 feet), which is not large enough to meet code in Delray Beach for building a house. The properys only value is to Dennis & Emilie Hoinig, and Malcom & Barbara Hayes. Thus, an agreement has been made by us, the above, to purchase the property from Network Financial Corporation. We are requesting the lien be lowered to the actual out of pocket expense incurred by the city of Delray Beach. This, we feel, is a reasonable compromise for both the city and us, the buyers. The city will no longer be responsible for it's maintenance, and we will beautify our neighborhood. We kindly request a response at your earliest convenience. Thank YOU, Dennis & Emilie Hoinig RECEIVED u 1998 ' ,DMINISTRATIflU Date: August 14, 1998 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: X Regular __ Special __ Workshop __ Consent When: August 18, 1998 Description of Agenda Item: Request for Release of Lien for Vacant Property on NW 8th Avenue from Dennis and Emile Hoinig Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: \ ~ ~ (J !/ / City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: (if applicable) Account # & Description: Account Balance: City Manager Review: ~,f~OJ~- Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved 5/98 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: /~ITY MANAGER SUBJECT: AGENDA ITEM ~ ~F - REGULAR MEETING OF AUGUST 18, 1998 REQUEST FOR ADDITIONAL FUNDING FROM THE JOINT VENTURE DATE: AUGUST 14, 1998 Attached is a request from the Joint Venture for assistance in funding a budget shortfall incurred as the result of unanticipated expenses related to the Christmas Tree project. Out of pocket cash expenses for the Christmas Tree exceeded revenues by $20,000. The Joint Venture is asking for $5,000 from the City to help offset this expense, with the balance of $15,000 to be contributed by the Chamber of Commerce, the Downtown Development Authority and the Community Redevelopment Agency. Back-up information from March, 1998, is attached which reflects revenues and expenses on the tree, plus in-kind services. Recommend Commission consideration contingent upon the Chamber of Commerce, the DDA and the CRA approving their shares of the contribution. If the Commission wants to favorably consider the request, funding is available from 001-6111-519-99.03 (City Manager's Contingency). ref:agmemol4 .~,~ .. CITY CLERK July 29, 1998 Mr. David T. Harden, City Manager City of Delray Beach 100 N.W. Ist Avenue Delray Beach, FL 33444 RE: JOINT VENTURE EXPENDITURES Dear Mr. Harden: The Joint Venture recently completed a financial review, at the 6 month point (June 30, 1998) of our revenues and expenses. Out of pocket cash expenses for the Christmas Tree exceeded revenues by $20,000. This shortage has had a negative impact on our budget which cannot be recouped in the next 6 months. These expenses were related to contracted services for the electricians and the steel company which exceeded estimates. In the past, Meisner Electric donated all materials and labor but could not continue to do this. As a result of this budget shortfall the Joint Venture is requesting $5,000 from the City and the balance of $15,000 to be contributed by the Chamber of Commerce, DDA and CRA. The Joint Venture is struggling with a Christmas Tree deficit and any assistance the City can provide would be very much appreciated. Sincerely, MARJORIE FERRER Downtown Coordinator MF:sk cc: Joint Venture Board Robert A. Barcinski 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 MEMORANDUM TO: David T. Harden, City Manager FROM: ~'.~ Robert A. Barcinski, Assistant City Manager DATE: March 17, 1998 SUBJECT: CHRISTMAS TREE REPORT Per your request, the following information is provided: I. Original Cost The total cost for the purchase of the Chrishrms Tree was $72,500 which was all paid in four (4) ins~llments by the DDA and Joint Vent-are. II.City Costs Past Year A) Capital 1) Tree Reburbishing $48,890 2) Concrete Storage Pad 1,000 3) Tarp to Cover Tree 3,190 Total $53,080 B) Operating Costs 1) Supplies $ 450 2) Sod 4,270 3) Stage Rental 530 4) Labor 12,629 - Regular hours (All Divisions) = $12,437 - Overtime hours (All Divisions) = $192 5) meari ty 3,000 6) Security (included in Marjorie's report) 6,970 Total Operating Costs $27,849 The City costs for 1997, other than security, are in addition to the costs outlined in Marjorie's report dated February 25, 1998. I2I. Strmmary Joint Venture Operating Revenue & Costs 1997 A) Revenue Cash $ 80,794 In Kind 236,40.3 Total $317,197 B) Expenses Cash Outlay $ 95,650 In Kind Services 236,403 Total $332,053 RAB/sdl File:u:sweene¥/asmemos Doc:O31798b.doc David T. Harden March 17, 1998 Page Two Summary. [oint Venture Operating Revenue & Costs 1997 A) Revenue Cash $ 80,794 In Kind 236,403 Total $317,197 B) Expenses Cash Outlay $ 95,650 In Kind Services 236,403 Total $332,053 RAB / sdl File:u:sweeney/asmemos Doc:031798b.doc CITy ..- ANT February 25, 1998 Mr. Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: CHRISTMAS TREE COSTS Dear Bob: Per your request the following is a financial recap of the costs for the Christmas Tree and requested backup information. The purchase price of the tree was $72,500. Of this amount the Downtown Development Authority paid $32,500 and the balance of $40,000 was paid by the Downtown Joint Venture over a three year period. The City of Delray Beach is the owner of the tree and the Bill of Sale with Warranty of Title to the City is attached. The effective dsy of purchase is August 30, 1996 as indicated on this document. Attached is a breakdown of revenues and expenses for putting up and taking down the tree for 1996 and 1997. If you need any additional information please do not hesitate to call me. Sincerely, MARJORIE FERRER Downtown Coordinator MF: sk Encl. DELrO\Y BEACH JOINT VENTUI~E * CommuniW Redevelopment Agency * Dekay Beach Chamber o£ Commcrencc · Downtown Development Authority 64 S.E. Fifth Avenue, Delray Beach, FL 33483 * Tel: 561-278-0424 * Fax: 561-278-0555 ~---~ ~-. ~:~'-Ju ~:~3.ZJ-q'.l t-F~UI,I I-<EGIOI4AL F, FbEARCH S:~I 750 8761 P, I ;. FAX TO: MafgorieFerrer (561) 278-0555 FROM: Regional Research Associates (561) 750-6761 DATE: rebmaryi0, 1998 Residents & Overnight Day Visitom Tourists Total Share of Visitors 83.2 16.8 100.0 }cea[ and in-state zips are assumed No. of Visitors 416000 84000 500000 residents and day visitors Spending/person 19945 19945 lodging $0.00 $76.15 from 1994 Delray Ai'fair. dining $1.05 $101.31 assuraes residents spend lhe same as day visitors shopping $0.65 $110.76 entertainment $0.53 $25.98 local travel $0.0g $30256 '. other $0.07 $40.99 Spending/person 19975 19975 lodging $0.00 $83.21 updated us!ng three years of 3 percent inflation dining $1.15 $110.70 the lodging figure might be a bit high in terms of Delray shopping $0.71 $121.03 impact because 37 percent stayed with relatives. entertainment $0.58 $28.39 Some day visitors will have lodging expenditures, local travel $0.10 $33.39 mostly outside city limits.: other $0.08 $44.79 Total Per Person 52.61 · .$421.52 Total Spending 'lodging $0.00 $6,989,737.53 the tourists probably came for reasons other than dining $477,303.15 $9,299,150.48 tim tree the $1.,1 million is a conservative estimate shopping $295,473.38 $10,168,557.17 of"direct" impact ' ented, ainment $Z40,924.45 $2,384,679.99 needs to be doub{ed to allow for "ripple" effects. local travel $40,911.70 $2,805,073.92 other $31,820.21 $3,762,433.90 Total Spending $1,086,432.89 $35,407,632.98 1997 Christmas Tree Volunteer Hours Date Volunteers Total Hours Value ~ $10/hr Tree Building 11/17-20 71 440 4400.00 Shift Work 11/29- 57 228 2280.00 12/31 Take Down 1/5-7 60 360 3600.00 TOTAL 188 1028 10,280.00 DESCRIPTION/DETAILS lgg6 1997 MISCELLANEOUS EXPENSES:. Christmas Designers (Elf Rep.) 530.00 · Dynacolor Graphics (Post Cards) 588.00 Edie Steele (Dry-clean Santa suit) 15.00 Nu Trend Designs (T.Shirts) 1,342.16 1,555.20 Speedy Sign-A-Rama 397.50 Volunteer Appreciation Party 795.65 663.48 Total $ Paid 3,668.31 2.218.68 SUPPLIES: Ace Hardware 225.25 · 269.96 Builders Square - Tape for boxes 33.54 Costco - CD Players 317.99 Costco - Santa Breakfast supplies 43.86 County Ice - Snow 1,017.60 1,272.00 Don Evans - Santa Suits & Access. 823.52 639.50 Family Book Store - Candle/Bags 204.79 346.51 Florida Coc,~ Cola 938.63 556.82 Hand's & M.F. (Sponsor Packages) 134.86 91.59 Jeanne Zeller - Skirts, quilts, pillows 67.75 Lynn Evans - Elf Scene 207.61 M.C. - Name tags & Card 29.13 M.F. - Booth supplies 99.22 M.F. - Builders Squ~re 35.43 M.F. - Ice for cokes 13.18 M.F. - K.Mart 91.08 M.F. - Office Depot 16.63 MF. - Rag Shop 31.99 M.F. - Santa Breakfast supplies 37.00 M,F. - Target 26.49 Mary Thomas (Santa calling cards) 123.00 Porter Paints 128.61 Tree Lights 1,030.72 ~ 138.60 Waltons - Santa's Chair 148.40 Total $ Paid 4,647.77 4,493.49 ANALYSIS 1996 AND 1997 INCOME & EXPENSES TO DETERMINE HARD COST TREE DESCRIPTiONiDETAIL5 1996 1997 SPONSOR INCOME: Bell South 1,000.00 Bethesda Memorial 500.00 Bortons 1,000.00 Browning Ferris Industries 5,000.00 5,000.00 City of Delray - Re-imburse Security 5,000.00 6,969.50 Consolidated Electric 1,000.00 Delray Community Hospital 5,000.00 Florida Coca Cola 500.00 1,000.00 Florida Power & Light 1,000.00 1,000.00 Gringle & Doherty 1,500.00 Howard Alan 2,500.00 2,500.00 J M Family Enterprises 1,000.00 Joseph Seagram 2,500.00 1,000.00 Lancore Realty 500.00 Levenger's 1,000.00 Mouw Associates 1,000.00 Ocean Properties 2,000.00 2,500.00 Office Depot 10,000.00 Perry & Schone 1,000.00 Pulte Homes 3,000.00 Solid Waste Authority 1,000.00 Spanish River 1,500.00 1,000.00 Sprint ~ 2,500.00 Tommy's Concessions 3,000.00 Total $ Received 29,500.00 45,469.50 OTHER INCOME: Cash from Tree & Santa's Breakfast 9,682.00 17,144.10 Total $ Received 9,682.00 17,144.10 CONTRACTED SERVICES: Eagle Metal Fabricators 14,000.00 w 20,300.00 ~ Meisner Electric 20,000.00 · Murphy's Towing 1,112.50 41 1,404.50 · Pinkerton's 7,989.75 ~ 6,969.50 · Student Labor (Kevin & Osier) 106.50 The Colony Hotel - Santa's B/fast 1,475.00 1,460.00 Total $ Paid 24.577.25 50.240.50 EQUIPMENT RENTAL: U S1 Productions 259.72 642.47 Old School Square 240.00 Total $ Paid 259.72 882.47 CHRISTMAS TREE RECONCILIATION - 1996 AND ! 997 1996 1997 REVENUE: $ $ Marketing Package 3,166 3,180 Sponsor Income (see analysis) 29,500 45,470 Downtown Development Authori~ 15,000 Cash from Tree & Santa's Breakfast 9,682 17,144 TOTAL INCOME RECEIVED 42,348 80,794 EXPENSES: Advertising / Banners 6,339 7,347 Awards 550 1,669 Contracted Services (see analysis) 24,577 * 50,240 * Design & Typeset 3,219 4,898 Equipment Rental (see analysis) 260 882 Mail Handling 122 19 Misc. Expenses (see analysis) 3,668 2,219 Photographs/Film 310 220 Supplies (see analysis) 4,648 4,493 Volunteer Meals 640 598 Printing 3,065 Public Relations - First Night 20,000 TOTAL EXPENSES 44,333 95,650 NET -1,985 -14,856 · Elec. donated *Elec. $20,000 net · City took tree down IN-KIND DONATIONS: Advertising 80,000 159,751 Eagle Metal 10,000 12,000 ~ Meisner Electric ? 17,573 ~ Portolets 10,000 14,850 Volunteers 10,000 17,480 Other - All 3,700 Other ~ Hardrives Trucks 2,500 ,, Oher - Golf Coume 1,200 Other - Volunteer Meals 300 Other - Sprint PCS telephones 2,500 Other - Universal Studio Costumes 2,949 Other- Hotel 800 Other- Sun Sentinel Kids' Day 3,000 Other - Sun Sentinel Tree Lighting 1,500 TOTAL IN-KIND RECEIVED 113,700 236,403 CHRISTMAS TREE FINANCIAL RECAP ANNUAL RECAP 1996 1997 $ Revenue 42,348 80,794 Expenses 44,333 95,650 Net Expenses over Revenue -~,985 -~4,856 In-Kind Contributions ! 13,700 236,403 Direct Economic Impact ** 2,107,678 2, ! 72,864 **(Using 1994 Delray Aff~ir figures/based on Tree survey MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # - REGULAR MEETING OF AUGUST 18, 1998 REQUEST FOR ADDITIONAL FUNDING FROM THE JOINT VENTURE DATE: AUGUST 14, 1998 Attached is a request from the Joint Venture for assistance in funding a budget shortfall incurred as the result of unanticipated expenses related to the Christmas Tree project. Out of pocket cash expenses for the Christmas Tree exceeded revenues by $20,000. The Joint Venture is asking for $5,000 from the City to help offset this expense, with the balance of $15,000 to be contributed by the Chamber of Commerce, the Downtown Development Authority and the Community Redevelopment Agency. Back-up information from March, 1998, is attached which reflects revenues and expenses on the tree, plus in-kind services. Recommend Commission consideration contingent upon the Chamber of Commerce, the DDA and the CRA approving their shares of the contribution. If the Commission wants to fav~ the ' ' ~l~ ~ 999 request, fu~ndin~ ~s_~amnm~l ...... om-~~??~CMCo~tingency>... Surplus~---~ ref:agmemol4 £1TY DF DELRI:I¥ BER£H DELRAY BEACH Writer's Direct Line: 561/243-7091 MEMORANDUM Ali. America City ,.lll~/ DATE: August5, 1998 1Ill® TO: David Harden, City Manager 1993 FROM: Susan A. Ruby, City Attorney SUBJECT: Ramblin' Rose Request for Assignment I received a copy of the letter from Dane Mark regarding his request for Assignment to Gray Line Water Tours, with an automatic reassignment and reissue of the license to Dane Mark's Ramblin' Riverboat, Inc. in the event of default. The contract between the City and Ramblin' Rose Riverboat, Inc. states in paragraph 6.01 that "Licensee shall have the right to assign this contract to an entity or individual with similar expertise in the cruise boat industry after giving City sixty (60) days notice of such proposed assignment and after receiving the written consent and approval of City to such assignment, which consent shall not be unreasonably withheld. Assignment as referred to above shall include any and all sales, assignments, transfers, collateralization, or other disposition of any and all stock certificates, right, title and/or interest in and to ISAN Charters, Inc. to any person or entity other than Dane Mark". I have prepared a consent to assignment which requires that the new license holder meet all terms of our license agreement as amended and as may be amended from time to time and provides for a reversion to Dane Mark, Ramblin' Rose Riverboat, Inc. in the event of any default of the terms of the license agreement with the City or any default between the Agreement between Dane Mark and Grayline Tours. Please place the Consent to Assignment on the August 18, 1998 City Commission agenda. ~.~ SAR:ci cc: Dane Mark Stephen D. Peper /? ,,.~ ~/,..~'~__~ Lewis S. Horton, Esq. ~// rose.sar f~t/'~ti~d on ,~ccycled P~v~er CONSENT TO ASSIGNMENT The undersigned, the CITY OF DELRAY BEACH, a Florida municipal corporation, being the Licensor under that certain agreement dated November 21, 1991, as amended on December 20, 1993 and October 4, 1994 between the CITY OF DELRAY BEACH, Licensor and the RAMBLIN' ROSE RIVERBOAT, INC., as Licensee does hereby consent and agree to the assignment of the license, as amended and as may be amended from time to time between Licensee and Delray Gray Line, LLC, a South Carolina Limited Liability Company wholly owned by Charleston Gray Line, L.P., a South Carolina Limited Partnership d/b/a GRAY LINE WATER TOURS (hereinafter Gray Line Water Tours), for the period described in the license, as amended and any renewals provided for in the license; provided however, Gray Line Water Tours is subject to all terms and conditions of the license agreement as amended, referred to above and in the event of any default thereunder or any default under any agreement with Ramblin' Rose Riverboat, Inc. or Dane Mark, the license shall automatically result in the reassignment and re-issue of the license to Ramblin' Rose Riverboat, Inc. or Dane Mark, upon the approval of the City. IN WITNESS WI-IEREOF, the undersigned has agreed to the terms set forth herein and signed this insmament on this ~ day of ,1998. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to Form: City Attorney WITNESS: RAMBLIN' ROSE RIVERBOAT, INC. By: Print Name: (Print or Type Name) Title: (Print or Type Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 1998, by ., as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Signature of Notary Public DELRAY GRAY LINE, LLC, wholly owned by Charleston Gray Line, L.P., a South Carolina Limited Partnership, clgo/a WITNESSES: GRAY LINE WATER TOURS By: Charleston Gray Line, L.P., Sole Member (Print or Type Name) By: Charleston Gray, Inc., General Partner By: Stephen D. Peper, its President (Print or Type Name) (SEAL) 2 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ~ day of , 1998, by , as (name of officer or agent, title of officer or agent), of ' (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Signature of Notary Public ros~.agt July 16 1998 Mr. David Harden City Manager City of Delray Beach 100 N.W. 1st Ave. Delray Beach, FL 33444 Dear Mr. Harden, This past May, my vessel the Ramblin' Rose was sold to Gray Line Water Tours based in Charleston, South Carolina. It was my intent at that time to replace the Ramblin' Rose with another vessel which would have been named Ramblin' Rose II. Mr. Steve Peper, owner of Gray Line Water Tours, however, has recently made an offer to now purchase from me, the remaining assets of the business to which I have accepted his offer. Mr. Peper and myself have retained legal counsel and therefore have a legal binding contract between us regarding this sale which includes the transfer of the License Agreement issued by the City of Delray Beach. Mr. Peper and I therefore request putting this issue on the commissions's agenda for their discussion and ultimate approval. Please be advised that our sales agreement stipulates City approval of the transfer and most importantly City approval for the License Agreement to automatically be re-issued in its original form back to Captain Dane L. Mark, Ramblin' Rose Riverboat, Inc. should Mr. Peper and his company be in default for any reason after such approval. Enclosed is a colored brochure of Charleston's Gray Line Harbor Tours. You will notice that this is an experienced operator with a company that was founded in Charleston, South Carolina in 1908. Mr. Peper is looking forward to meeting with you and the commission. Mr. Peper also informs me that a timely approval will be necessary in'order for he and his staff to begin their very important marketing program. Upon meeting Mr. Peper, I think you'll find he will be a welcome addition to Delray Beach. I would like to thank you in advance for your time and consideration in this matter. 801 Atlantic Ave Delray Beach, FL 3,3483 Ph:(407)243-0686 Fx:(407)243-4069 Feel free to contact Steve Peper anytime at telephone numbers (803) 973-9076 or (800) 344-4483 or mail to 196 Concord St. Charleston, SC 29401. You may also reach myself or my wife Lea at telephone number (419) 798-5238 or mail to 425 East Third St. Lakeside, Ohio 43440. Very Truly, //.7 ~ . Captain Dane L. Mark President CC: Susan Ruby;. City Attorney L~.~x$ S. Ho~ToN ATTORNEY AT LAW F~IHI~ (eo~) ~-anea City of Delray Beach FIA-FAX: 561-278-4755 Attn: Suz~mne Ruby, Esq. 200 N.W. First Ave. Delray Beach. FL 33444 RE: Stephen D. Peper Dear Ms. Ruby: This letter will serve to acknowledge receipt of your yesterday's faxed correspondence, and to advise that the entity which will be operating the tours, and hence the assignee of the November 21, 1991 License Agreement by and between the City of Delray Beach, and Ramblin' Rose Riverboat, Inc., as Licensee, as amended on December 20, 1993 and October 4, 1994, is Delray Gray Line, LLC, a South Carolina blmited Liability Company, which is wholly owned by Charleston ~ray Line, L.P., a South Carolina Limited Partnership d/b/a Gray Line Water Tours. Stephen D. Peper is the President of Charleston Gray, Inc., the Corporate General Partner of the Partner~hip, and the signature block of Delray Gray Line, LLC, should be as follows: Delray ~ray Line, LLC By: (SK~) Charleston ~ray Line, L.P., sole Member By: Charleston Gray, Inc., General Partner By: Stephan D. Paper, its President. Delray Gray Line, LLC was formed pursuanu to Articles of organization filed July 13, 1998 here in South Carolina and it will be qualified to do business in nhe state of Florida prior to ~he meeting scheduled for Augusu 18th. As soon as I have documentation from the state of Florida domesticating uhls Company in Florida, I will promptly furnish you same. If you have any questions concerning the structure above described. please advise. With kind personal regards, I am very truly yourS, s. Horton cc: Stephen D. Paper bSH:ydm ~0 BBVd NOI~OH S SIMBq 99§E/iSEOB ~l:~'l 8661/~9/B9 Aug-18-98 01:35P Ofc. of H. Van P.01 RECEIVED ~ ~-~'..~ :~.' ........ ~ -,,~,..~ ~~,~ ~,-.~ ~ . .... ,~,,,-,~,~-~. ~ C~ CLERK Cm F Date: Tuesday, August 18, 1998 To: CITY OF DELRA Y MAYOR'S OFFICE Fax: 243-3774 From: PALM ACTS HAROLD VAN ARNEM'S OFFICE Phone: 954-419-1364 Fax: 954-360-7112 Pages: ONE Subject: PALM ACTS ON THE AGENDA THIS EVENING PLEASE BE ADVISED THAT PERSONS THAT WOULD REPRESENT PALM ACTS REGARDING THE CONTRACT ARE OUT OF THE CITY ON PRIOR BUSINESS OBLIGATIONS AT THIS TIME. DREW LEVITT IS TRAVELING AND WILL RETURN IN 2 WEEKS. 1 WOULD LIKE TO REQUEST DEFERRING OFF THE AGENDA FOR THIS EVENING? PLEASE NOTE THAT WE JUST RECEIVED WRITTEN NOTIFICATION LAST FRIDAY. THANK YOU. [ITY OF DELRIiY BER[H CITY ATTORNEY'S OFFICE ~00 ~ ,~, ^~,.. ~,~^~ ~^~., ~,o~,~^ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH ~.~,~i~ ¢i~ MEMORANDUM '~[~''''' DATE: Augustl3, 1998 1993 TO: City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Palm Acts Contract The Substitute Agreement between Palm Acts, Inc. and the City provides that Palm Acts will hold no less than four events each year, and states that failure to hold at least four events per year shall be grounds for the City to terminate the agreement, subject to the City giving Palm Acts thirty (30) days written notice. It appears that less than four events were held between August 7, 1997 and August 8, 1998 (see attached). The issue before the Commission is to determine whether the Commission desires to terminate the contract with Palm Acts and whether the Commission authorizes the written thirty (30) day notice of cancellation. SA~I~: ci~// Attachments cc: Alison Harty, City Clerk Harold L. Van Arnem Drew Levitt, Esq. Brahm Dubin palmact2, sar TO: DAVID HARDEN, MANAGER, CITY OF DELRAY BEACH FROM: BRAHM DUBIN, PRESIDENT, DUBIN & ASSOCIATES, INC. SUBJECT: PALM ACTS INC. CONTRACT DATE: AUGUST 8, 1998 The Substitute Agreement made on August 7, 1996 between the City of Delray Beach, Florida and Palm Acts, Inc., calls for Palm Acts to hold no less than four (4) events at the Stadium during each year of the Agreement. (Paragraph 7, EVENTS, of the Agreement) Between the period of August 8, 1997 and August 7, 1998, Palm Acts has held two (2) Events in the Stadium. Those were The Whispers Concert with Howard Hewett held on March 21, 1998 and The Marshall Tucker Band Concert held on April 19, 1998. Paragraph 7, EVENTS, further states that, "...subsequent one year periods, for the purposes of this Paragraph 7, shall be determined based upon the anniversary dates of the execution of this Amendment. Failure to hold at least four events per year shall be grounds for the CITY to terminate the Agreement subject to the CITY giving PALM 30 days written notice." The anniversary date for the Substitute Agreement is August 7 of the appropriate year. It is therefore recommended that Palm Acts be given notice that the Agreement is being terminated by the City of Delray Beach for failure to comply with Paragraph 7, specifically failure to hold 4 Events during the previous year. It is important that this action be taken as quickly as possible so that Palm Acts cannot say that we have not given prompt notice, therefore the City has given them license for another year by the its failure to notify them promptly. Copy: P. Felsberg obligations set forth herein at the request of or with the consent (whether actual or implied) of PALM shall be deemed an employee or agent of CITY, nor shall any such person represent himself to others as an employee or agent of CITY. Should any person indicate to PALM or any employee or agent of PALM, by written or oral communication to PALM, that the person believes PALM or an employee or agent of PALM to be an employee or agent of CITY, PALM shall use its best efforts to correct or cause its employee or agent to correct that belief. 5. Compliance with Licensing Requirements. PALM, prior to commencement of any activities pursuant to the provisions of this agreement, shall comply with all applicable federal, state, county, or city licensing requirements and receive all necessary permissions, permits, approvals and licenses which are required to perform the activities of producer and promoter as set forth herein. 6. Term and Renewal. This Agreement shall be for a period of five (5) years and shall become effective upon the proper approval of both parties. So long as the City reasonably determines that PALM has performed satisfactorily under this Agreement, at the conclusion of the five year term, 'CITY shall have in its sole discretion the option to amend and renew this Agreement for an additional five year period. At the conclusion of the initial five year term, if the City reasonably determines that PALM has performed in a satisfactory manner, and in the event the CITY decides that it is in its best interest to accept another offer with respect to the obligations performed by PALM, CITY shall grant PALM the ability to submit a proposal to match the offer. CITY shall accept PALM'S offer if it is equal to or better than the other party's offer. This fight applies only to the second five year term. 7. Events. PALM agrees to hold no less than four (4) and no more than a total of twenty (20) Events at the Stadium during each year of this Agreement unless prior approval from the CITY is obtained. PALM shall not be permitted to hold more than ten (10) Events on weekends, i.e. Friday evening through Sunday evening, and PALM shall not be permitted to hold more than ten (10) Events that take place during weekdays. PALM shall be permitted one event during the Delray Affair each time the Delray Affair occurs during the duration of -3- this Agreement. The event must be approved by the CITY, or its designee. Prior to scheduling Events at the Stadium, PALM shall obtain approval fi:om the City or its designee for the proposed Event. For purposes of determining the required minimum and allowable maximum number of events pursuant to this Paragraph 7, a new year shall commence upon the signing of this Amendment and subsequent one year periods, for purposes of this Paragraph 7, shall be determined based upon the anniversary dates of the execution of this Amendment. Failure to hold at least four Events per year shall be grounds for the CITY to terminate the Agreement subject to the CITY giving PALM 30 days written notice. 8. Other Agreements. The parties hereto, their successor and assigns agree to negotiate in good faith in order to have a cooperative effort in scheduling events to meet the needs of the parties. PALM acknowledges that CITY has obligations with Liddun International and Kingdom, Inc. (collectively referred to as "Liddun") and with Palm Beach County and the Palm Beach County Sports Commission (collectively referred to as "County") for use of the Stadium. The CITY'S obligations to provide use of the Stadium to PALM is subordinate to the CITY'S obligations under the agreements with Liddun and County. CITY agrees not to enter into any other agree, ments with any promoter for non-sport events. 9. Event Scheduling. The scheduling of PALM'S events shall be subject to the availability of the Stadium, subject to the restrictions contained in the Liddun and the County Agreements, and subject to Paragraph 8 herein. At each meeting in which PALM proposes an event, PALM shall present possible alternate dates, if possible, which may be used in the event the Stadium is unavailable. No later than 3 days after each meeting, the CITY or its designee shall inform PALM of the approval or denial of an event. The parties agree to meet as soon as possible following the action of the CITY or its designee in order to reschedule and/or replace events which were cancelled. 10. Compliance with Laws. PALM agrees to comply with all applicable federal, state, county, and local laws and regulations regarding non-discrimination and specifically agrees not to discriminate against any person on the basis of color, race, religion, age, creed, sex, national origin or disability. rITY DF DELRAY BER£H DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 AII-AmedcaCity 1993 TO:David T. Harden City Manager FROM: n~)Robert A. Barcinski ["J Assistant City Manager DATE: August 11, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING AUGUST 18. 1998 PROPOSED FY 1999 MAXIMUM RATES - MUNICIPAL GOLF COURSE City Commission is requested to consider for approval maximum rates proposed for FY 1999 for the Delray Beach Municipal Golf Course. BACKGROUND Attached is thc proposed rate schedule for the municipal course along with a rate comparison with other municipal courses. Increases in rates arc proposed for prepaid green fees, cart fees, daily greens fees, bag storage, locker rental, range balls, and charity cards. Rate increases for prepaid fees average about three percent (3%). Other golf rate increases range from 3.9% to 16.7% and are based on market conditions. Golf fees, except for prepaid green fees, are in linc with other golf courses. RECOMMENDATION Staff recommends approval of thc proposed maximum rates for FY 1999 for the Municipal Golf Course. RAB/tas File: u : sweeney/agenda THE EFFORT ALWAYS MATTERS ¢ ~' Prin~ on ~ecycl~ P~er Sheet1 DELRAY BEACH GOLF CLUB PROPOSED MAXIMUM RATES 199811999 RESIDENT NON-RESIDENT EXISTING PROPOSED PERCENT EXISTING PROPOSED PERCEN lAN 1 - MARCH 31. '1999 18 HOLES $ 32.25 $ 33.50 3.9 $ 47.00 $ 50.00 6.4 9 HOLES $ 20.00 $ 21.00 5.0 $ 30.00 $ 35.00 16.7 APRIL '1999. NOVEMBER. DECEMBER '1998 18 HOLES $ 29.75 $ 31.00 4.2 $ 38.00 $ 40.00 5.3 9 HOLES $ 18.00 $ 19.00 5.5 $ 25.00 $ 27.00 8.0 MAY '1 - OCTOBER 3'1. 1999 '18 HOLES $ 20.00 $ 21.00 5.0 $ 22.00 $ 23.00 4.5 9 HOLES $ 14.00 $ 15.00 7.1 $ 16.00 $ 17.00 6.3 ALL RATES ARE TAX INCLUSIVE EXISTING PROPOSED MISCELANEOUS RATES (ALI. RATES ARE PLUS SALES TAX) BAG STORAGE $ 70.00 $ 73.00 LOCKER RENTAL $ 45.00 $ 47.00 PREPAID WALKERS $ 1.18 $ 1.27 PULL CART $ 2.59 $ 2.83 CLUB RENTAL - '18 HOLES $ 18.87 $ 19.81 (FREE TO JUNIORS) - 9 HOLES $ 14.15 $ 15.09 (FREE TO JUNIORS) ~a, NGE BALL $ 4.01 $ 4.26 ( $1.00 TO JUNIORS) CHARITY CARD $ 17.92 $ 18.63 PREPAID GREEN FEES PERCENT RESIDENT FAMILY $ 1,360.00 $ 1,400.00 2.9 RESIDENT SINGLE $ 875.00 $ 900.00 2.9 NON-RESIDENT FAMILY $ 2,150.00 $ 2,225.00 3.5 NON-RESIDENT SINGLE $ 1,700.00 $ 1,750.00 2.9 i:/puente/bdlspredsht/db~rate3.xls Page I RATES 98-99 DELRAY BEACH GOLF CLUB PROPOSED MAXIMUM RATES 199811999 RESIDENT NON-RESIDENT existing proposed existing proposed JAN 1 - MARCH 31. 1999 CART FEES - 18 HOLES $ 10.61 $ 10.99 $ 10.61 $ 10.99 GREEN FEES - 18 HOLES $ 18.63 $ 19.34 $ 32,55 $ 34.91 CAPITAL IMPROVEMENT FUND $ 1.18 $ 1.27 $ 1.18 $ 1.27 $ 30.42 $ 31.60 $ 44.34 $ 47.17 TAX $ 1.83 $ 1.90 $ 2.66 $ 2.83 $ 32.25 $ 33.50 $ 47.00 $ 50.00 CART FEES - 9 HOLES $ 7.31 $ 7.69 $ 7.31 $ 7.69 GREEN FEES - 9 HOLES $ 10.38 $ 10.85 $ 19.81 $ 24.06 CAPITAL IMPROVEMENT FUND $ 1.18 $ 1.27 $ 1.18 $ 1.27 $ 18.87 $ 19.81 $ 28.30 $ 33.02 TAX $ 1.13 $ 1.19 $ 1.70 $ 1.98 $ 20.00 $ 21.00 $ 30.00 $ 35.00 APRIL 1999, NOVEMBER, DECEMBER 1998 CART FEES - 18 HOLES $ 10.61 $ 10.99 $ 10.61 $ 10.99 GREEN FEES - 18 HOLES $ 16.27 $ 16.99 $ 24.06 $ 25.48 CAPITAL IMPROVEMENT FUND $ 1.18 $ 1.27 $ 1.18 $ 1.27 $ 28.06 $ 29.25 $ 35.85 $ 37.74 TAX $ 1.69 $ 1.75 $ 2.15 $ 2.26 $ 29.75 $ 31.00 $ 38.00 $ 40.00 CART FEES - 9 HOLES $ 7.31 $ 7~69 $ 7.31 $ 7.69 GREEN FEES -9 HOLES $ 8.49 $ 8.96 $ 15.09 $ 16.51 CAPITAL IMPROVEMENT FUND $ 1.18 $ 1.27 $ 1.18 $ 1.27 $ 16.98 $ 17.92 $ 23.58 $ 25.47 TAX $ 1.02 $ 1.08 $ 1.42 $ 1.53 $ 18.00 $ 19.00 $ 25.00 $ 27.00 MAY 1 - OCTOBER 31. 1999 CART FEES - 18 HOLES $ 9.20 $ 9.58 $ 9.20 $ 9,58 GREEN FEES - 18 HOLES $ 8.49 $ 8.96 $ 10.37 $ 10.85 CAPITAL IMPROVEMENT FUND $ 1.18 $ 1.27 $ 1.18 $ 1.27 $ 18.87 $ 19.81 $ 20,75 $ 21.70 TAX $ 1.13 $ 1.19 $ 1.25 $ 1.30 $ 20.00 $ 21.00 $ 22.00 $ 23.00 CART FEES - 9 HOLES $ 6.37 $ 6.67 $ 6.37 $ 6.67 GREEN FEES - 9 HOLES $ 5.66 $ 6.21 $ 7.54 $ 8.09 CAPITAL IMPROVEMENT FUND $ 1.18 $ 1.27 $ 1.18 $ 1.27 $ 13.21 $ 14.15 $ 15.09 $ 16.03 TAX $ 0.79 $ 0.85 $ 0.91 $ 0.97 $ 14.00 $ 15.00 $ 16.00 $ 17.00 u:puente~lxl~spreadsh~dbgmtes.xls Page 1 RATES 98-99 PROPOSED EXISTING MISCELANEOUS RATES (ALL RATES ARE PLUS SALES TAX) existing proposed %increase BAG STORAGE $ 70.00 $ 73.00 4.29% LOCKER RENTAL $ 45.00 $ 47.00 4.44% PREPAID WALKERS $ 1.18 $ 1.27 7.63% PULL CART $ 2.59 $ 2.83 9.27% CLUB RENTAL- 18 HOLES $ 18.87 $ 19.81 * 4.98% CLUB RENTAL - 9 HOLES $ 14.15 $ 15.09 * 6.64% RANGE BALL $ 4.01 $ 4.26 ** 6.23% CHARITY CARD $ 17.92 $ 18.63 3.96% · Free to Juniors · * $1.00 to Juniors PREPAID GREEN FEES RESIDENT FAMILY $ 1,360.00 $ 1,400.00 2.9% RESIDENT SINGLE $ 875.00 $ 900.00 2.9% NON-RESIDENT FAMILY $ 2,150.00 $ 2,225.00 3.5% NON-RESIDENT SINGLE $ 1,700.00 $ 1,750.00 2.9% u:puente~x~spreadsh~dbgrates.xls Page 2 , · 0~/10/1998 22:15 5512~3738& DE~A¥ ~C~ GO~F Ct P~GE 82 GOLF COURSE SURVEY MUNICIPAL GOLF COURSE (ALL RATES ARE BEFORE TAX) 97/98 98/99 98/99 98/99 97/98 98/99 HA/erE OF COURSE BOCA B(~;YNTON WEST PALM NORTH' PALM PALM BEACH DELRAY ' ' MUNICIPAL MUNICIPAL BEACH BEACH GARDENS BEACH PERMIT SINGLE RES. 745.b0 613.21 742.00 861.00 775.00 9(30.00 SINGLE NON RES. 1095.00 613,21 9~0,50 1312.50 985.00 1750.00 FAMILY RES. 1175.00 NI~ 1470.00 1350.001 t400,(;0 FAMILY NON RF.~, 1888,00 N/A 2310.00 167500 2225,00 RANGE BALLS 4.00 3.77 3.77 3,77 3.77 4.2e PULL CARTS ': 2,50 1,89 3.77 N/A 3.5,41 2.83 CART FEE SEASON 18 HOLE RES, 9,95 ! 0.38 9.43 9,90 12.26 10,99 18 HOLE NON RES, 12.45 10.38 11.32 12,,87 12.26 10.99 ~'REEN FEE SEASON 18 HOLE RES, 19,00 25,94 33.9E 21,00 18.87 19.34 18 HOLE NON REEk 24.50 25.94 33.96 38.85 34.91! 34.91 APRIL 90, NOV. DEC, 98 18 HOLE RES. 19,00 16,51 33.g~ 18.80 13.681 16,99 18 HOLE NON RES. 24.50 16.51 33.96 34.65 25.47 25.48 CART FEE OFF SEASON ;8 HOLE RES. 635 7.08 9.43 9,90 991 r;.58 18 HOLE N .O.._N RES. :, , , 8.80 7,05 , !1.32 12,,87 g.gl 9,58 GREEN FEE OFF SEASON! 18 HOLE RES, 12.00 10,85 13.21 13,65 8,96 8.96 t8 HOLE NON RES. ,,, 15.00 10.S5 13.21 18.90 13.68 10.85 WALKERS SEASON 9 HOLE RES. 11.00 13,88 15,~9 12.80 11.56 12.12 9 HOLE NON RES, ~' 43.75 13,68 15,09 23,10 19,58 25.33 APRIL g~, NOV. - DEC. 98" g HOLE RES. 11.00 9.91 15.09 10.50 8 251 10.23 9 HOLE NON RES. ' 13.75 9.91 15.09 21.00 13.92 17,78 ~/ALKERS O~F SEASO~I 9 HOLE RES. 7.50 8.t50 (k60 7'35 6.601 7.48 9, .HOLE NON RES. ~ 9.40 6.60 6,80 ,10,;50 8.4!~ 9,36 CAPITAL IMPROVEMENT FUND i 1.00 0.47 N/A 1,00 N/A 1.27 ~-HOLE PERMIT 'WALKER - ALL YEAR i 1.00 0,00 1.89 1.00 1.1! 1,27 !BAG STORAGE :' 56.80 55,00 75,00 75.00 73,1X) CHARITY CARD RATE i 16.04 NIA t7.92 18.841 ..... 18,40 18,~3 i 19,81 wK ENOS ,COM.BI,NED RATE- RIDING 111- 3/31 I~ES, 'i ~'i 35 38,32 '~8,00 33',81 33.60 33,50 NON RES, : 40,25 38.32 38.00 55,68 50,00 §0.00 4-/1/~98{), ~"1 - 12/98 RES i 31.75 29.00 48.0~) 29,36 27',~0 31,G0 NON RES. 40.25 29.00 38,00 51,43 40.00 40,00 .~'I - 10f31/99 RES, ' 21,15 19.50 26.00 26.02 20.00 21.00 NON RE~, _ 26,30 lg.50 19.00 34.73 25.00 23.00 NOTE North Palm Bea ,~h rates, are the same as last year and are not going up, so their al~3ve figures are fi=m last year's survey. u:~ouente~gc~urve~.xl$ £1T¥ UF ELI:II:IV BEI:I£H DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 ° (561) 243-7000 ~,lI-America City 1993 TO: David T. Harden City Manager FROM: ~l~Robert A. Barcinski ,~ Assistant City Manager DATE: August 11, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING AUGUST 18, 1998 PROPOSED FY 1999 MAXIMUM RATES - LAKEVIEW GOLF COURSE ACTION City Commission is requested to consider for approval maximum rates proposed for FY 1999 for the Delray Beach Lakeview Golf Course. BA CKGR 0 UND Attached is the proposed rate schedule for the Lakeview Golf Course along with a rate comparison for other like golf courses. Increases are proposed for all fees range from 2.7% to a high of 9.0%. Rate increases proposed are varied and are based on market conditions. Fees proposed are in line with other comparable courses. RECOMMENDATION Staff recommends approval of the proposed maximum rates for FY 1999 for the Lakeview Golf Course. RAB/tas File:u:sweeney/agenda Doc:081198b. doc THE EFFORT ALWAYS MATTERS z ~ ~o oo oo oo o Z ~ O0 O0 O0 O0 0 ~ 0 ~o ~o ~o ~ o o o 08/12/1998 01:41 5612437386 DELRAY BEACH GOLF CL PAGE 82 GOLF COURSE SURVEY EXECUTIVE GOLF COURSE (ALL RATES ARE BEFORE TAX) 98/99 98/99 98/99 98/99 98199 PERMn' Single/Residen, t ,ii _ 545.00 700.00 Single/Non-Resident 1000.00 ' F.mJlyiR. esld~nt![ 950.00 900.00 Non-Resident !! 1350.00 SUMMER' Individual/R~s. ? 200.00 , Famlly/Resider,'t 300.00 Individual/Non~?es.,.,, 300.00 Famil)dNon-Re~. 400.00 PULL (~'ARTS , 2.00 1.00 " N/A Season ' ~ ' ' ...... :1 5.00 Shoulder ~, 4.00 Summer 2.50 CART FEES/Season !i 26'.95** 27.50~* 23.00** 9.50 SI1Oulder ij 8.50 11:00 AM to 2:00PM ii 24.0~** . AFTER 2:00PM ~[ .... 13.00- GREEN FEES/Season t8 HOLE Resident _~[ 17.95-- 17,00 18 HOLE N~-Resident 19_00 A~RJL 99, NOV.- DEC_ 18 HOLE Resident ' . 14.50'* 17.50'* NIA 15_00 18 HOLE Non-Resident ii NIA 17.00 "' CART FEES/Off Season. i8 HOLE Resident _i 14.00'* NOT SETYET 14.0.0°* 6.00 18 HOLE Non-Resident ii NOT SET YET 6.00 " offs h ' ' GREEN' FEES/ easo 18 HOLE Resident ~ 9.00 NOTSETYET 8.00 18 HOLE Non-Resident "~i NOT SET YET 10.00 WALKERS/Season ' 9 HOLE Resident ~ N/A 9 HOLE Non-Resident --i N~A 18 HOLE/Season (Res.} i 17_00 Non-Resi~.ent 19.00 18 HoLE/Shoulder (,Res.i,~ _ 15.00 N°n-Resl~'~ent 17_ D0 18 HOLE sUMMER (Re~i-)'.,' ' i -" 8'00 Non,-Resid~nt 10.00 C RITYCARD 10.00 12.50 12.00 10_00# * Shenvood Park - Riding onl~ (no walking at any th'ne). * Delray Country Club West -' walking iaffer 2:00 P.M. only, same price ride or walk "* Combined Rate Green -nCllCart Fee it PGA S®nlor Card & South ~lorida Golf Cards only (may add Lung Assn. C.;ard next year) '/~ Figures Include tax Aug.12, 1998 ~ 1:.~i'.4 PM D.B.(3.C. £1TY OF DEI. AI:IY BEI:I£H DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 Ail-America City 1993 TO: David T. Harden City Manager FROM: ¢~,obert A. Barcinski Assistant City Manager DATE: August 11, 1998 SUBJECT: AGENDA CITY COMMISSION MEETING AUGUST 18. 1~198 APPROVAL TENNIS CENTER - MEMBERSHIP RATES FY '1999 Action City Commission is requested to approve proposed Tennis Center membership rates for FY 1999. Background Attached is a proposed rate increase for Tennis Center memberships for next year. The proposed rate increase for court fees is from 2.9% to 11.1%. Proposed rate increases for memberships averages a little over 4%. Mr. Dubin needs to send renewal notices out this month. Commission approval is needed for the rate increases. Recommendation Staff recommends approval of the proposed rates for Tennis Center memberships for FY 1999. RAB:tas File:u:sweeney/agenda Doc:member.ten THE EFFORT ALWAYS MATTERS ~.~'/. ~ Printed on Recycled Paper DELRAY BEACH TENNIS CENTER- FISCAL YEAR 1998-1999 PROPOSED DALLY RATES AND MISCELLANEOUS RATES COURT FEES COURT TIMES COURT TIMES 8 AM - 12:30 PM 1:30 PM - 4:30 PM 6 PM - 7:30 PM EXISTING PROPOSED % INCREASE EXISTING/PROPOSED NOVA-APRIL 30 CITY RESIDENTS ADULTS 6.75 7.00 3.7% 6.00 *JUNIORS 4.25 4.25 3.25 COUNTY RESIDENTS ADULTS 8.50 8.75 2.9% 7.50 *JUNIORS 5.50 5.50 4.50 NON-RESIDENTS ADULTS 10.00 11.00 10% 9.00 *JUNIORS 7.00 7.00 6.00 MAY 1 - OCT, 31 CITY RESIDENTS ADULTS 6.25 6.50 4.0% 5.25 *JUNIORS 3.25 3.25 2.25 COUNTY RESIDENTS ADULTS 7.50 7.75 3.3% 6.50 *JLrNIORS 4.50 4.50 3.50 NON-RESIDENTS ADULTS 9.00 10.00 11.1% 8.00 *JUNIORS 6.00 6.00 5.00 *JUNIORS ARE CHILDREN UNDER 18 * ALL PRICES INCLUDE FLORIDA SALES TAX JUSTIFICATION CITY RESIDENTS - ADULTS - $.25 INCREASE INCLUDING SALES TAX - THIS IS AN APP. 4% INCREASE. THIS GIVES US A GREATER DIFFERENCE BETWEEN MORNING/EVENING PLAY AND AFTERNOON PLAY, HOPEFULLY CAUSING AN INCREASE IN AFTERNOON PLAYS. COUNTY RESIDENTS - ADULTS - $.25 INCREASE INCLUDING SALES TAX - THIS IS AN APP. 3% INCREASE. THIS GIVES US A GREATER DIFFERENCE BETWEEN MORNING/EVENING PLAY AND AFTERNOON PLAY, HOPEFULLY CAUSING AN INCREASE IN AFTERNOON PLAY. NON-RESIDENTS - ADULTS - $1.00 INCREASE INCLUDING SALES TAX - THIS IS AN APP. 11% INCREASE. THIS GIVES US A GREATER DIFFERENCE BETWEEN MORNING/EVENING PLAY AND AFTERNOON PLAY, HOPEFULLY CAUSING AN INCREASE IN AFTERNOON PLAY. THIS RATE WAS NOT RAISED IN 1997/1998. BASED ON THE NUMBER OF SALES FOR THE ABOVE RATE CLASSIFICATIONS THIS WOULD GENERATE APPROXIMATELY AN ADDITIONAL $ !,500.00 IN INCOME FOR THE TENNIS CENTER. AN INCREASE IN JUNIOR RATES IS NOT RECOMMENDED DUE TO THE LOW USE OF THE FACILITY BY JUNIORS AND THE NEED TO ENCOURAGE YOUNG PEOPLE TO PLAY TENNIS. AN INCREASE IN AFTERNOON RATES IS NOT RECOMMENDED TO ENCOURAGE GREATER USAGE DURING THAT TIME PERIOD. PROPOSED DAILY RATES AND MISCELLANEOUS RATES - PAGE 2 M/SCELLANEOUS RATES EXISTING % INCREASE PROPOSED LIGHTS 3.77 5.66 33% (CURRENT CHARGE IS NOT ADEQUATE-THE TENNIS CENTER CURRENTLY GENERATES APP. $3,000.00 FROM THIS LINE ITEM, THE INCREASE WOULD GIVE US APP. AN INCREASE OF $1,600.00.) LOCKER FEE MONTHLY 10.00 10.00 YEARLY 30.00 30.00 (NO INCREASE RECOMMENDED DUE TO LOW USE OF THIS SERVICE) BALL MACHINE RENTAL 10.00/HR. 10.00/HR. (NO INCREASE RECOMMENDED DUE TO LOW USE OF THIS SERVICE) RACQUET RENTAL 5.00 5.00 (NO INCREASE RECOMMENDED DUE TO LOW USE OF THIS SERVICE) *MISC. RATES DO NOT INCLUDE FLORIDA SALES TAX PRIVATE LESSON RATES (1/2 HOUR) EXISTING/PROPOSED (1 HOUR) EXISTING/PROPOSED MEMBERS $25.00 $42.00 COUNTY RESIDENTS $27.50 $47.00 NON-RESIDENTS $30.00 $55.00 JUNIORS $18.00 $30.00 PRIVATE LESSON RATES ARE NOT SUBJECT TO FLORIDA SALES TAX AN INCREASE IS NOT RECOMEND FOR PRIVATE LESSON RATES. DAILY RATE PHONE SURVEY CITY OF BOYNTON BEACH ALL - $6.00 FOR CLAY - 1 ½ HRS. ALL - $2.00 FOR HARD - 1 ½ HRS. PATCH REEF ADULTS - $3.25 FOR HARD - 1 ½ HRS JUNIORS - $2.25 FOR HARD - 1 ½ HRS. MEMORIAL(BOCA) RESIDENT ADULTS - $3.50 FOR CLAY - 1 HR. NON-RESIDENT ADULT - $5.00 FOR CLAY - 1 HR. DEERFIED BEACH PUBLIC RESIDENT ADULTS - $2.50 DAILY FEE NON-RESIDNET ADULTS - $4.00 DAILY FEE JUNIORS - $1.50 INTERNATIONAL TENNIS RESORT $10.00 SINGLE- 1 ½ HRS. $15.00 COUPLE - 1 ½ HRS. $5.00 JUNIOR - 1 ½ HRS. $20.00 FAMILY - 1 ½ HRS. DELRAY BEACH TENNIS CENTER- FISCAL YEAR 1998-1999 PROPOSED MEMBERSHIP RATES OCTOBER 1, 1998 - SEPTEMBER 30, 1999 - ANNUAL MEMBERSHIPS (12 MONTHS) TYPE MEMBERSHIP CURRENT PROPOSED % INCREASE RESIDENT SINGLE $225.00 $235.00 4.5% FAMILY $340.00 $355.00 4.45% JUNIOR $ 50.00 $ 50.00 0.00% NONRESIDENT SINGLE $365.00 $380.00 4.0% FAMILY $515.00 $535.00 3.8% JUNIOR $100.00 $100.00 0.00% MAY 1, 1999 - SEPTEMBER 30, 1999 - SUMMER MEMBERSHIPS (5 MONTHS) TYPE MEMBERSHIP CURRENT PROPOSED % INCREASE RESIDENT SINGLE $105.00 $110.00 4.5% FAMILY $160.00 $170.00 5.8% JUNIOR $ 25.00 $ 25.00 0.00% NONRESIDENT SINGLE $160.00 $170.00 5.8% FAMILY $235.00 $245.00 4.1% JUNIOR $45.00 $45.00 0.00% Family = HusbandFWife and Children under ! 8. MEMBERSHIP RATES DO NOT INCLUDE FLOR/DA SALES TAX MEMBERSHIP RATE SURVEY - JULY 6, 1998 RESIDENTS SINGLE FAMILY JUNIOR BOCA RATON - MUNICIPAL MEMORIAL PARK $159.00 $212.00 $42.00 PATCH REEF $159.00 $212.00 $42.00 BOYNTON BEACH MUNICIPAL $140.00 $225.00 $50.00 DEERFIELD BEACH MUNICIPAL $75.00 $110.00 $30.00 NONRESIDENTS SINGLE FAMILY JUNIOR BOCA RATON - MUNICIPAL MEMORIAL PARK $254.00 $381.00 $84.00 PATCH REEF $254.00 $381.00 $84.00 BOYNTON BEACH MUNICIPAL $275.00 $385.00 $50.00 DEERFIELD BEACH MUNICIPAL $110.00 $150.00 $50.00 [lTV DF I]ELRIIV BErlCH 100 N.W. 1st AVENUE · DELRAY FLORIDA 33444 ° 243-7000 BEACH, (561) Ail-America City 1993 TO: David T. Harden City Manager FROM: ~)~Robert A. Barcinski 't/ Assistant City Manager DATE: August 13, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING AUGUST 18, 1998 SPECIAL EVENT APPROVAL - 4TH ANNUAL DELRAY BEACH STREET CRAFT FESTIVAL ACTION City Commission is requested to endorse the 4th Annual Delray Beach Street Craft Festival to be held on September 12th and 13th from 10:00 a.m. - 5:00 p.m., to grant a temporary use permit per LDR Section 2.3.6 (H) for the use of NE/SE 4th Avenue, one block north/south of Atlantic Avenue, and to authorize staff support for barricading and security. Attached is a request from Howard Alan Events, Ltd. for this event. Part of the proceeds will be shared with the Joint Venture ($2,000). The City is requested to provide barricading services and police security for this event. Vendors, site clean up and port-o-lets will be provided by the event sponsor. Police will be paid directly by the sponsor at the detail rate. Barricades will be left on Friday and set up by the sponsor. No overtime is anticipated. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit, and approval of staff support for barricading and police security with the sponsor paying all police security costs. RAB/tas File:u:sweeney/agenda ~ ~ Doc:O81398a. doc THE EFFORT ALWAYS MATTERS BEST t To: Robe~ B~cins~, CiW of Delray Robbie Pentz, City of Delray Beach Public Works Depa~ment From: Howard Alan RE: 4th Annual Delray Beach Street Craft Festival by American Craft Endeavors (A Division of Howard Alan Events) Date: September 12- 13, 1998 Hours: Sat./Sun. 10am - 5pm Location: NE/SE 4th Ave. (from NE 1st St. to SE 1st St.) at Atlantic Ave. City Services needed: Barricades and police detail To benefit: Atlantic Avenue Association What we will provide: Clean-up, dumpster, Port-o-Lets, crafters, on-site supervision Contact person: Howard Alan - American Cra~ Endeavors Marjorie Fen-er - Joint Venture **Please note: No exhibitor vehicles will be parked in the Huber Drug's parking area. Promoter will rope offthat area early SatUrday morning to assure same. We would like to request a street closure for this annual event. We request public works to provide all of the necessary barricades for this event. We will hire off-duty Delray Beach police detail and provide the City of Delray Beach with a one million dollar liability insurance policy; plus provide all necessary logistics. If there are any additional questions, please contact me at (954)472-3755 or Marjorie Ferrer at (561)278-0424. Sincerely, FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNT¥ MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS Schmidt, David W. Delray Beach City Commission '1 HF I~O~K[). ('Ot~N('II.. COM MISSION. AIJ3 HORII'Y OR COMMI3'I EE Oh MAll I%(~ .Xl)I'~I{I .~% V,'HICH I .~ER%'E I.~ A t!~ll OF: 100 N.E. 5th Avenue ~/cnY a COUNTY O O'IHERI.OCAI. AGENCY ('l 1% ('OI;N NAME OF POI.ITI('AL .~UBDIVIRION: Delray Beach Palm Beach City of Delray Beach, Florida ~^~ e o,,, ~,,~'H ~,,~ ~'c~ r~e~ ~Y eOs,T,ON is: Auqust 18t 1998 Ir/ELEcTIvE ~ APPOINTIVE wHO MUST FILE FORM 8B This form is for use by an.v person scr,,ing at the count.,,'. ,.-it.v. or other local level of go,.ernmem on an appointed or elected board. council, commission, authority, or committee, it applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibili, ies under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective count.,,', municipal, or other local public office .MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a prin~pal (other than a government agency) by whom he is retained. in either case., you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the'office~ or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate Ihe form in the minutes. · A copy of the form should be provided immediately to the other members of Ihe agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest: CE FORM ,~B- I-Al IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disclose orally the nature of your conflict in the measure before participating. You should complele Ihe form and file it within 15 days after the vole occurs with ~he person responsible for.recording the minutes of the meeling, who should incorporate the form in the minutes. DISCLOSURE OF LOOAL OFFICER'S INTEREST I. David W. Schmidt , hereby disclose that on August 18 , 19 98 : (a) A measure came or will come before my agency which (check one) inured to my special pri~ate gain; or ~inured to the special gain o,' ~~~ ~ 3 ~ , by ~'hom lam relained. (b) The measure before my agency and ~h¢ nature of my imerest in the measure is as follows: Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM #B - I-~1 PAGE £1T¥ (IF DELRI:I¥ BEI:IrH DELRAY BEACH 1 AVENUE · DELRAY FLORIDA 33444 ° 243-7000 1 00 N.W, st BEACH, (561) AII-AmericaCity 1993 TO: David T. Harden City Manager FROM: ~ Robert A. Barcinski Assistant City Manager DATE: August 13, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING AUGUST 18. 1998 ~;PECIAL EVENT APPROVAL - 2ND ANNUAL GODZILLA, SUSHI, AND HOT BIKES FESTIVAL ACTION City Commission is requested to endorse the 2nd Annual Godzilla, Sushi, and Hot Bikes Festival to be held on October 10, 1998 from noon until 4:00 p.m., to grant a temporary use permit per LDR Section 2.3.6 (H) for the use of Railroad Avenue beginning at 9:00 a.m., to allow banners to be placed on Atlantic Avenue more than one week before the event per LDR's Section 4.6.7(D)(3)(j)(ii), to permit the use and set up of the City stage at no cost to the event, and authorize staff assistance for barricading and police security. BACKGROUND Attached is a request from Michael Weiner for this event. The event sponsors will handle site clean up and barricading of Railroad Avenue. Police assistance will be paid by the event sponsor at the detail rate. They are requesting that the stage be set up on Friday and taken down on Monday using regular staff time. No overtime will be needed. The event profits will benefit Old School Square and Morikami. RECOMMENDATION Staff recommends approval of the event, the temporary use permit for the use of Railroad Avenue, authority to hang banners more than one week prior to the event, stage use and set up and take down at no cost, and authorization for police assistance at the detail rate. RAB/tas File: u : sweeney/agenda Doc: 0813 98 b. doc THE EFFORT ALWAYS MATTERS ~'/~ Printed on Recycled Paper WEINER, MORICI, &ARONSON, P.A. RECEIVED ATTORNEYS AT LAW The Clark House AU[J 0 5 1998 102 North Swinton Avenue Delray Beach, Florida 33444 ASSI STAN f CITY MANAGER Telephone: (561) 265-2666 Telecopier: (561) 272-6831 OF COUNSEL: MICHAEL S. WEINER ROBERT MARC SCHWARTZ, P,A. ALFRED G. MORICl Florida Bar Board Certified CAROLE J. ARONSON Real Estate Lawyer July 31, 1998 Mr. Robert A. Barcinski Assistant City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Godzilla, Sushi & Hot Bikes Dear Mr. Barcinski: We are planning the 2nd Annual Godzilla, Sushi & Hot Bikes Festival for Saturday, October 10, 1998 at the Ocean City Lumber Company Complex as part of Cultural Heritage Month. We are collaborating with the Joint Venture on our request for city services. The following information details the event and our requests to the City: 1. Description of event site boundaries: The event site will include all common areas of the Ocean City Lumber Co. complex. 2. Letter from Ocean City Lumber Co. confirming the use of their site: Letter attached. 3. Letter requesting waiver of noise ordinance for music: Ocean City Lumber Co. Has a waiver on file with the City. 4. Request to use and barricade streets: We are requesting the use of Railroad Way for designated parking on non-show motorcycles, and request that it be closed from just north of the alley to N.E. 1 st Street (not to include N.E. 1 st Street). We are requesting the use of barricades through the Joint Venture. We ask that the barricades be delivered to the site on Friday, and our volunteers will put them in place Saturday morning by 9 a.m. We will re-open the street at 4 p.m. when the event concludes. Mr. Robert A. Barcinski August 4, 1998 Page 2 5. Cleanup and trash receptacles: The Joint Venture will provide BFI boxes for trash, and (volunteers/Ocean City Staff) will handle cleanup of the street. 6. Event Timing: The 2nd Annual Godzilla, Sushi & Hot Bikes Festival will begin at 12 noon and end at 4 p.m. Set-up time will begin Saturday at 9 a.m. 7. Request for use of city stage: We are requesting the use Of the large stage and canopy through the Joint Venture. Ocean City Lumber will allow access for stage set up on Friday, October 9th and removal on Monday, October 12th. 8. Payment for city services and overtime: The use of the city stage and barricades are being facilitated by the Joint Venture as part of their Heritage Month responsibilities. No city services will be needed beyond normal working hours. 9. Police Security: A meeting will be schedule with the Police Dept. to determine needs. 10. Signage: We are requesting that banners be placed at the comer of Atlantic Avenue and Pineapple Grove Way. Please let us know if any additional items are necessary for approval. ~ 11. Certificate of Insurance: We will coordinate with Ocean City Lumber Co. as to a certificate of insurance. The Event is non-profit. Any funds raised will be split equally between Old School Square and Morikan~P/arl~. Thank you in advance for your assistance. Very} 'yo \, MSW/mph cc: Mr. Roy Fraker Ms. Marjorie Ferrer W:\WORKhMICHAEL\GODZILLA.98~BARCINSK.LTR MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # ~/~ - REGULAR MEETING OF AUGUST 18, 1998 APPOINTMENTS TO THE PLANNING AND ZONING BOARD DATE: AUGUST 10, 1998 The term for Louis Carbone, Gary Eliopoulos, Alberta McCarthy and N. Willard Schwartz will expire on August 31, 1998. Mr. Carbone and Mr. Schwartz have both served two full successive terms and are not eligible for reappointment. Mr. Eliopoulos and Ms. McCarthy have each served one full term. They are eligible and would like to be considered for reappointment. Attendance records are attached. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. The term is for two (2) years, beginning September 1, 1998, and ending August 31, 2000. The list of applicants is attached for your review. Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Based on the rotation schedule, the appointments will be made as follows: Mayor Alperin (Seat #5) Commissioner Schmidt (Seat #1) Commissioner Egan (Seat #2) Commissioner Ellingsworth (Seat #3) Recommend appointment of four (4) members to the Planning and Zoning Board for two year terms ending August 31, 2000. ref:agmemo Appointments to the Planning and Zoning Board City Commission Reqular Meetinq of Auqust 18, 1998 The following have submitted applications for consideration: Donald Allgrove (currently on Civil Service Board) Edward Aptaker J. Kent Atherton Barbara Brown (consider all boards with the exception of the Delray Beach Housing Authority) *Ronald Brito (currently on BOA) ~/Daniel Carter A~o~o~ /D~. ~/Gary Eliopoulos (incumbent)~0fo,~o *Bernard Federgreen ~loyd Hasner (currently on Affordable Ho~sing Advisory Committee) *Robert Hornung III Dwayne Jackson (currently on Pompey Park Advisory Committee; has also applied for Delray Beach Housing Authority) *George Maso-Jones ~Alberta McCarthy (incumbent) - *Ralph Morse *Randee Schatz Thuy Shutt (has also applied for SPRAB & HPB) *Timm Sweeney Kathy Sumrall (has also applied for SPRAB, HPB & BOA) *Gregory Young MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF AUGUST 18, 1998 APPOINTMENTS TO SITE PLAN REVIEW AND APPEARANCE BOARD DATE: AUGUST 14, 1998 The terms for Daniel Carter, Sharon Fowler, Thuy Shutt and Arnold Smith will expire on August 31, 1998. Mr. Carter has served two full successive terms and is not eligible for reappointment. Ms. Fowler and Mr. Smith were appointed in 1997 to fill unexpired terms. Ms. Shutt was appointed to her initial term in August, 1996. All three are eligible and would like to be considered for reappointment. Attendance records are attached. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. The term is for two (2) years, beginning September 1, 1998, and ending August 31, 2000. The list of applicants is attached for your review. Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Based on the rotation schedule, the appointments will be made as follows: Commissioner Ellingsworth (Seat #3) Commissioner Randolph (Seat #4) Mayor Alperin (Seat #5) Commissioner Schmidt (Seat #1) Recommend appointment of four (4) members to the Site Plan Review and Appearance Board for two year terms ending August 31, 2000. ref:agmemo20 Appointments to the Site Plan Review and Appearance Board City Commission Reqular Meetinq of Auqust 18, 1998 The following have submitted applications for consideration: *Bonnie Ansbacher *Ronald Brito (currently on BOA) Barbara Brown *Roger DeCapito *Michael Eisenrod *Bernard Federgreen Sharon Fowler (incumbent)~ ~/~. ~ John Johnson *George Maso-Jones *Gail-Lee McDermott *Francisco Perez-Azua ~?~,~ ~ /~.~ *Randee Schatz N. Willard Schwartz Thuy Shutt (incumbent) ~~ ~~~ Arnold Smith (incumbent)~ Michael Sneiderman *Gregory Young MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF AUGUST 18, 1998 APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD DATE: AUGUST 14, 1998 The terms for Betty Diggans, Vera Farrington, Susan Hurlburt and John Johnson will expire on August 31, 1998. Ms. Farrington has served two full successive terms and is not eligible for reappointment. Ms. Diggans, Ms. Hurlburt and Mr. Johnson have each served one full term. They are all eligible and would like to be considered for reappointment. Attendance records are attached. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. In addition, the City Commission shall appoint professional members from the fields of architecture, landscape architecture, history, architectural history, licensed contractor familiar with restoration, planning, archaeology, or other historic preservation related fields such as design, urban planning, American studies, American civilization or cultural geography, provided there are applicants available. Laypersons of knowledge, experience and judgment having an interest in historic preservation should compose the balance of the membership. Further, preference should be given to professional and lay people who own property within historic districts or whose property is listed in the Local Register of Historic Places. The list of applicants is attached for your review. Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. The appointments will be made by Mayor Alperin (Seat #5) , Commissioner Schmidt (Seat #1) , Commissioner Egan (Seat #2) , and Commissioner Ellingsworth (Seat #3). Recommend appointment of four (4) members to the Historic Preservation Board for two year terms ending August 31, 2000. ref: agmemo2 ~. ~/'~~ Appointments to the Historic Preservation Board City Commission Reqular Meetinq of Auqust 18, 1998 The following individuals have submitted applications for your consideration. The list is separated into those persons owning property in an historic district and other applicants. Owns property in an historic district: Cecil A. Jamison (architectural drafting; Del-Ida Park) Mary Lou Jamison (interior design courses; Del-Ida Park) Frank Rozzo (layperson; Old School Square) Other applicants: Bonnie Ansbacher (interior design) Janet Baron (layperson; real estate background) Barbara Brown Ron Brito (currently serving on BCA) Betty Diggans (incumbent) j~,~ ~ ~67 ~ Gloria Elliott (layperson) Joe Farkas (loan officer; layperson) Bernard Federgreen (retired) Sharon Fowler (incumbent SPRAB) Ruth Hauser (geography/planning degree) Robert L. Hornung, III (cosmetologist) Susan Hurlburt (incumbent) ~~6~,~ ~ ~ /~' ~/~7 Allen Huntington (currently on Civil Service Board) John Johnson (incumbent) ~ ~ /~0 ~~ George Maso Jones (layperson; realtor) Gail Lee-McDermott (art major; architectural courses) Ralph Morse (layperson; photography) Randee S. Schatz (attorney & realtor) Rhonda Sexton (interior design) Thuy Shutt (incumbent SPRAB) Carmelita Smith (teacher; currently on the Affordable Housing Advisory Committee) Timm R. Sweeney (marketing) Terrence Turbyfill (swap shop owner; currently on Affordable Housing Advisory Committee) Gregory E. Young (attorney) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF AUGUST 18, 1998 APPOINTMENTS TOT HE BOARD OF ADJUSTMENT DATE: AUGUST 14, 1998 The terms for John Baccari, Janet Baron and C. Lee Wilder, Jr. as regular members on the Board of Adjustment will expire on August 31, 1998. Mr. Baccari was appointed to his first full term in August, 1996. He is eligible and would like to be considered for reappointment. Both Ms. Baron and Mr. Wilder do not want to be considered for reappointment. Attendance records are attached. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. The term is for two (2) years, ending August 31, 2000. The following have submitted applications for consideration: John Baccari (incumbent) /gOgp~,~ ~ Ron Brito (currently on Board of Construction Appeals) Barbara Brown Michael Eisenrod Bernard Federgreen Michael Goldman (currently an alternate member on BOA; wants to be considered for regular membership) Anne Hoctor (currently an alternate member on BOA; wants to be considered for regular membership) ~F~,r~o~ Craig Jackson ~g~/~ Leo Koppman Marion Knott McIntyre (currently on Parking Management Advisory Board as citizen-at-large member) Benjamin Ricker Randee Schatz Terrence Turbyfill (currently on Affordable Housing) Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. The appointments will be made by Commissioner Ellingsworth (Seat #3), Commissioner Randolph (Seat #4), and Mayor Alperin (Seat #5). Recommend appointment of three regular members to the Board of Adjustment for two year terms ending August 31, 2000. ref:agmemo3 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # ~ - MEETING OF AUGUST 18, 1998 APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS DATE: AUGUST 14, 1998 The terms for the following persons on the Board of Construction Appeals will expire on August 31, 1998: Daniel T. Davis (general contractor) Murray Gold (real estate/insurance)* Michael Kilbourne (air conditioning contractor) Michael T. Lang (master electrician) Joseph Pike (engineer) Mr. Davis, Mr. Gold and Mr. Pike have served two (2) complete successive terms and are not eligible for reappointment. Mr. Kilbourne and Mr. Lang have served one (1) complete term. Both persons are eligible for reappointment and would like to be considered. The term is for two (2) years. To qualify for appointment, a person shall have actual previous experience in their respective trade or profession deemed sufficient by the Commission. Residency is not required. A person need not own/operate a business in Delray Beach. The two incumbents and the following persons have submitted applications and would like to be considered for appointment; the list has been categorized. General Contractor Jay Hasner ~ppo,~7~ ~ /7~. Dominick Sarlo Enqineer Leonard R. Sheppard ~O0~c~ Air Conditioninq Contractor Michael Kilbourne (incumbent) Master Electrician Michael T. Lang (incumbent) APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS Page 2 Pursuant to Commission direction, a check for code violations and municipal liens was conducted. None were found. Based upon the rotation system, appointments will be made by Commissioner Randolph (Seat #4) for general contractor, Mayor Alperin (Seat #5) for air conditioning contractor, Commissioner Schmidt (Seat #1) for electrician, Commissioner Egan (Seat #2) for engineer. Recommend appointment of four (4) persons to the Board of Construction Appeals with terms ending August 31, 2000. * We have no applications on file for the real estate/insurance position. This appointment (by Mr. Ellingsworth) will be scheduled as soon as we can secure an application. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF AUGUST 18, 1998 APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY DATE: AUGUST 12, 1998 The terms for Thaddeus Cohen, Michael Wright and Robin Preston (resident member) expired on July 14, 1998. Both Mr. Cohen and Mr. Wright were appointed to fill unexpired terms. They are eligible and would like to be considered for reappointment. Ms. Preston, the resident member, has served one term. She is eligible for reappointment and would like to be considered. A letter from Dorothy Ellington, Executive Director of the Housing Authority, in this regard is attached. Further, Barbara Brown submitted her resignation from the Housing Authority in July, 1998, creating an additional vacancy to fill her unexpired term ending July 14, 2001. Per statute, an appointee may not be an officer or employee of the City. Further, each housing authority must have at least one member who is a resident, current in rent, of the housing project or a person of low or very low income who resides within the housing authority's jurisdiction and is receiving rent subsidy through a program administered by the authority. The following have submitted applications for consideration: Thaddeus Cohen (incumbent) ~ ~ /~. ~'~ Dwayne Jackson (incumbent Pompey Park Advisory) George Maso Jones Robin Preston (incumbent resident member) Tommy Stevens John Tallentire (incumbent Civil Service Board) Michael Wright (incumbent) Pursuant to Commission direction, a check for code violations and municipal liens was conducted. None were found. p, s on According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to Housing Authority appointees. Based on this system, the appointments will be made as follows: Mayor Alperin (Seat #5) Commissioner Schmidt (Seat #1) Commissioner Egan (Seat #2) (resident member) Commissioner Ellingsworth (Seat #3 is to make the recommendation to fill the unexpired term created by Barbara Brown's resignation. Recommend the appointment of four (4) members to the Delray Beach Housing Authority (three, including the resident member, to 4-year terms ending July 14, 2002, and one to fill an unexpired term ending July 14, 2001). ref:agmemo6 DELRAY BEACH HOUSING AUTHORITY 770 S.W. 12th TERRACE * DELRAY BEACH, FLORIDA 33444-1396 * (561) 272-6766 -- FAX: (561) 272-7352 -- TDD: (561) 265-1434 August 12, 1998 Jay Alperin, Mayor City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 RE: Robin Preston, Delray Beach Housing Authority Board Attendance Report Dear Mayor Alperin: This is to inform you of the attendance record for Robin Preston. The Delray Beach Housing Authority's By- Laws at Article III, Section 7 require notification of the Mayor when a Commissioner has been absent for more than three consecutive meetings or a total of six meetings without excuse reasonably acceptable to the Chairman. A review of Ms. Prestons attendance revealed the following: Regular Meetings - Absent since January six times, (January, March, April, June, July, August) Special Meetings - Absent three times (May 19, May 28 and June 25). Please note that I spoke with Ms. Preston on August 12 to determine her interest in serving and she explained that she thought that because her term was up she could no longer attend the meetings. She indicated that she would like to be reappointed. If you have questions regarding this report, please contact me directly. Sincerely, Dorothy Ellington Executive Director DE Copy: Board of Commissioners Alison Harty, City Clerk 07-28.-98 11:49 DELRAY BEACH HOUSIIqG AUTHORITY ID=5612727552 P.02 DELRAY BEACH HOUSING AUTHORI'IY 770 S.W 12th TERRACE o DELRAY BEACH. FLORIDA 3344-4-1396 · ~,~61) 272-6766 FAX: ~561~ 272-7359 - TDD: 15filJ 265-1434 July 14, 1998 Mr. Jay'ztdperin, Mayor City o~'Delray Beach 100 Northwest First Avenue Delray Beach, Florida 33444 Dear Mayor AIperin: It is with re,et that I resign fi-om the D¢lray Beach Housing Authority Board of' Comn issioners, effective at the end of Wednesday, luly 15, 1998, It has been a reu,-arding and challenb4ng experience. 1 appreciate the time spent with stal-t} ¢ [lents and fellow commissioners. I am more aware and sensitive to the complexities of housing isst es. The good news is with the outstanding effort and work done, we are on our wa}, to be< oming an excellent Housing Authority. ! intend to continue my involvement as possible and especially in self-sufficiency projects Sincerely B ARBAI~A BROWN Commissioaer - Delray Beach Housing Authority cc: Board of Commissioners Dorothy Ellington n[ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # ~7~- REGULAR MEETING OF AUGUST 18, 1998 APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY DATE: AUGUST 13, 1998 Marguerite (Meg) Eaton's term on the Downtown Development Authority expired on July 1, 1998. Ms. Eaton does not wish to be considered for reappointment. The term is for three years, ending July 1, 2001. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least three of the members must be owners of realty within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. This requirement is currently met by Mr. Listick, Mr. Onnen and Mr. Wheat. The list of applicants is attached for your review. A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Mayor Alperin (Seat #5). Recommend appointment of a member to the Downtown Development Authority for a three year term ending July 1, 2001. ref:agmemo7 Appointment to the Downtown Development Authority City Commission Regular Meetinq of Auqust 18, 1998 The following have submitted applications for consideration: Edward Aptaker Ronald Brito (currently on the Board of Construction Appeals) Barbara Brown Louis Carbone Michael Goldman (currently an alternate member on the Board of Adjustment) *Robert Hornung III Allen Huntington (currently an alternate member on the Civil Service Board) MacArthur Jackson Marion Knott McIntyre (currently on Parking Management Advisory Board/citizen-at-large) Terrence Turbyfill (currently on Affordable Housing Advisory Committee) Gregory E. Young MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # ~/ - REGULAR MEETING OF AUGUST 18, 1998 APPOINTMENTS TO PUBLIC EMPLOYEES RELATIONS COMMISSION DATE: AUGUST 14, 1998 The terms for Harvey L. Brown, Sr. (regular member) and Lorraine Kasper (alternate) on the Public Employees Relations Commission (PERC) expired on June 30, 1998. Both were initially appointed in 1994 and have served one full term. They are eligible and would like to be considered for reappointment. Attendance records are attached. Both of the open positions are for the 'unclassified' category; that is, the appointees are to be impartial and not representative of either employers or employees. Appointees need not. be residents of the City. The term is for four (4 years, ending June 30, 2002. The following have submitted applications for consideration: Barbara Brown Harvey L. Brown, Sr. (incumbent)~ ~.~~'~ Lorraine Kasper (incumbent, alternate)~~~.,~~,,~u~ ~--.- Roger M. Simon Terrence Turbyfill (currently on Affordable Housing Advisory Committee) Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Based on the rotation schedule, the appointments will be made by Commissioner Randolph (Seat #4) for the regular member and Mayor Alperin (Seat #5) for the alternate member. Recommend appointment of one regular member and one alternate member to the Public Employees Relations Commission for four (4) year terms ending June 30, 2002. ref:agmemol7 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY IqJ~AGER SUBJECT: AGENDA ITEM # ~ ~ - REGULAR MEETING OF AUGUST 18, 1998 APPOINTMENTS TO THE CIVIL SERVICE BOARD DATE: AUGUST 14, 1998 The terms for Donald Allgrove and John Tallentire (regular members), and Allen Huntington (alternate member) on the Civil Service Board expired in July, 1998. Mr. Allgrove was appointed to his initial term in July, 1996, Mr. Tallentire was appointed as a regular member in September, 1996, to fill an unexpired term, and Mr. Huntington was appointed as an alternate member in September, 1996, to fill an unexpired term. They are all eligible and would like to be considered for reappointment. The term is for two years, ending July 1, 2000. Attendance records are attached. According to the Civil Service Act, there are to be five regular members on the Civil Service Board, three of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, and appointed by the City Commission. Two regular members are elected by eligible City employees. In addition, there are two alternate members. An appointee does not have to be a resident, property owner or business owner in the City. The following individuals have submitted applications: Donald Allgrove (incumbent regular member) Barbara Brown Murray Gold June-Ann Henley Allen Huntington (incumbent alternate member) John Tallentire (incumbent regular member)~'D~~. Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. The appointments will be made by Commissioner Ellingsworth (Seat #3) for a regular member, Commissioner Randolph (Seat #4) for a regular member, and Mayor Alperin (Seat #5) for the alternate member. Recommend appointment of two regular members and an alternate member to the Civil Service Board for two year terms ending July 1, 2000. ref:agmemo5 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY Mg2XlAGER ~l./ SUBJECT: AGENDA ITEM ~ ~- REGULAR MEETING OF AUGUST 18, 1998 APPOINTMENTS TO THE EDUCATION BOARD DATE: AUGUST 14, 1998 The terms for Jerry Marshall, W. Robert Reardon and H. Paul Sayrs on the Education Board expired on July 31, 1998. Mr. Reardon does not want to be considered for reappointment. Mr. Marshall was appointed in November, 1997, to fill an unexpired term. Mr. Sayrs was appointed in July, 1996, and has served one full term. They are both eligible and would like to be considered for reappointment. The term is for two years, ending July 31, 2000. Attendance records are attached. Members of the Education Board must either be residents of the City or have a child attending Delray Beach public schools, or own property and/or own or operate a business within the City. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individuals have submitted applications: Barbara Brown Grant Edwards Anne Ford Claire Friedman Cheryl Lee-Bennett Jerry Marshall (incumbent) ~ ~ /~. ~ Patricia Rowland H. Paul Sayrs (incumbent) /~O~ ~ /~L.~ John Tallentire (currently on'Civil Servi~e Board) Gregory E. Young Sylvia Wolf Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Based on the rotation schedule, the appointments will be made by Commissioner Schmidt (Seat #1), Commissioner Egan (Seat #2) and Commissioner Ellingsworth (Seat #3). Recommend appointment of three regular members to the Education Board for two year terms ending July 31, 2000. ref:agmemol6 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # ~X - REGULAR MEETING OF AUGUST 18, 1998 APPOINTMENTS TO POMPEY PARK ADVISORY COMMITTEE DATE: AUGUST 14, 1998 The term for Dwayne Jackson, Brian Martin and Tommy Stevens will expire on September 13, 1998. Mr. Stevens has served two full successive terms and is not eligible for reappointment. Mr. Jackson and Mr. Martin have each served one full term. They are eligible and would like to be considered for reappointment. Attendance records are attached. The term is for two years. The following have submitted applications for consideration: Barbara Brown Evelyn Dobson Dwayne Jackson (incumbent)~ ~ ~. ~ Myra B. Julian /~ . ~ Brian Martin (incumbent) ~~~D7~ Charlene Pollard Robin Preston Josh Smith, Jr. Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. Attached is a report of liens and an active nuisance abatement case on property owned by Mr. Smith. The appointments will be made by Mayor Alperin (Seat #5) , Commissioner Schmidt (Seat #1) and Commissioner Egan (Seat #2). Recommend appointment of three citizen members to the Pompey Park Advisory Committee for two year terms ending September 13, 2000. ref:agmemo21 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # /~- REGULAR MEETING OF AUGUST 18, 1998 ORDINANCE NO. 29-98 (RIGHT-OF-WAY DIMENSIONS) DATE: AUGUST 12, 1998 This is second reading and a public-hearing for Ordinance No. 29-98 which amends LDR Section 5.3.4(D), "Right-of-Way Dimensions", to provide that requests for a reduction of right-of-way width required for existing streets shall be under the administrative authority of the City Engineer. Similar changes were reviewed by the Commission in June, 1998, but were rejected. Staff was directed to modify the proposal to allow right-of-way reductions to be approved administratively by the City Engineer only in developments with existing streets. Where new streets are created, any requests for right-of-way reductions would continue to require approval of the body having the authority over the associated development application. A revised text amendment was prepared which was considered by the Planning and Zoning Board at a public hearing on July 20, 1998. There was no public testimony and the Board voted unanimously to recommend approval. At first reading on August 4, 1998, there was discussion about the desirability of having right-of-way reduction requests for existing streets reviewed by the Development Management Services Group (DSMG) instead of the City Engineer individually. It was the consensus to have the City Engineer grant the actual approval upon a favorable recommendation from the Management Group. The ordinance, as modified, was passed by a vote of 4 to 0. The text at subsection (D) (4), "Reduction in Width", has been amended to reflect Commission's direction. Recommend approval of Ordinance No. 29-98 on second and final reading. ref: agmemol0 ORDINANCE NO. 29-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 5.3.1, "STREETS (RIGHTS-OF-WAY)" SUBSECTION 5 3 1 (D) , "RIGHT-OF-WAY DIMENSIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE THAT REQUESTS FOR A REDUCTION OF RIGHT-OF-WAY WIDTH REQUIRED FOR EXISTING STREETS SHALL BE UNDER THE ADMINISTRATIVE AUTHORITY OF THE CITY ENGINEER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing on July 20, 1998, and voted unanimously to recommend that it be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Five, "Subdivision Regulations", Article 5.3, "Dedication and Impact Requirements", Section 5.3.1, "Streets (Rights-of-Way)", Subsection 5.3.1(D), "Right-of-Way Dimensions", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Right-of-Way Dimensions: (1) Right-of-way shall be provided for Principal Arterials and Minor Arterials as shown for ultimate right-of-way width in Table ~ 7-1 of the ~~ Transportation Element of the Comprehensive Plan. (2) The following right-of-way width is required for the category of other streets as identified, except as otherwise provided in the Table ~ T-1 of the ~ff~ Transportation Element: STREET TYPE WIDTH IN FEET County Collector 80 City Collector 80 Local Commercial / Industrial Street 60 Local Residential Street - Without Curb & Gutter 60 - With Curb & Gutter 50 Alleys 20, or existing dominant width (3) Additional Width: Additional right-of-way width may be required to promote public safety and welfare; to provide for stormwater manaqement; to provide adequate area for street trees; and to assure adequate access, circulation and parking in high intensity use areas. Such a determination shall be advanced by a recommendation from the City Engineer and may be based upon the results of a traffic study or general knowledge of the City. The authority for requiring such additional right-of-way shall rest with the body having the approval authority of the associated development application. (4) Reduction in Width: A reduction in the required right-of-way width established in Subsection (D) (2), above, may be granted by the body having the approval authority of the associated development application in developments in which new streets are created. For existinq streets, reductions in riqht-of-wa¥ width may be qranted by the City Enqineer upon a favorable recommendation from the Development Manaqement Services Group (DSMG). Reductions in the required riqht-of-wa¥ width may be granted pursuant to the following: (a) The reduction is supported by the City Engineer. Nonsupport by the City Engineer may be appealed to the Board of Construction Appeals. (b) That requiring full dedication would constitute a hardship in a particular instance and that all required improvements will be provided in a manner which will not endanger public safety and welfare. (c) That acceptable, alternative provisions are made to accommodate features which would otherwise be accommodated within the right-of-way (e.g. alternative drainage systems, alternative pedestrian walkways, alternative on-street parking, etc.). - 2 - Ord. No. 29-98 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 18th day of August . . , 1998. ATTEST: First Reading August 4, 1998 Second Reading August 18, 1998 i - 3 - Ord. No. 29-98 From The $:aff To: Jeff Ccste:lo Da:e: &i17/9~ Time: ~ ~ :4S.53 AM Fage 1 o'1 GREATER DELRAY BEACH Chamber ,o! Commerce To: Delray Beach Oty Commissioners, City Manager, P & Z Board Members & Staff From: Bill Wood, President Re: C_~eater Delray Beach Chamber of Commerce Statement on Adult Entertainment in Delray Beach Date: August 17, 1998 The Greater Delray Beach Chamber of Commerce is, and will always be, this community's strongest proponent of the free enterprise system. However, our pdmary objective as a business organization is to do whatever is necessary to ensure the economic health and vitality of Delray Beach. Free enterprise and economic health will normally go hand in hand. There are exceptions and proposed zoning to allow adult entertainment in Delray Beach is just such an exception. Economic development is not just printing a nice brochures, advertising what a great place Delray Beach is to live or work, providing professional location assistance and other infom~k~tion. Economic Development is also about the community as a desirable place to be; it's about image and attitude, people's feelings and perceptions of the community. One of the reasons that the All America City designation has been so important is that it underscored Delray as a community that works together to make the community better for ali its citizens. Adult businesses, the elements and difficulties that they bring with them, do not enhance image and attitude about our city. In fact, they harm and detract from a city's image. We encourage the City Commission to do everything within its legal limits to prohibit adult businesses from locating in Delray Beach, If the Supreme Court has determined that we must provide locations within the city limits for adult entertainment, then we encourage you to create a single distric[ in as remote a location as possible, one that can be closely monitored to help ensure the safety a~d peace of mind of our citizenry. 64 SE 5th Avenue Delray Beach, FL 33483 $61/279-13~0. ext 13 kaguirre~delraybeach.corn RECEIVED / UG 1 7 1991 PLANNING & ZONING/ ' ICITq JIF DELR#q EI!EOEH CITY ,qI'TOIINEY'S OFFICE _,. I DELRAY BE^CH Writer's Direct Line: $61/243-709l Ali. America City MEMORANDUM ,., ~0' O ~,~93 DATE: August 11, 1998 Ofl~r~5~'D r ~l.q~ TO: City Commission ^ ~ --'..0 FROM: Susan A. Ruby, City Attorney SUBJECT: /kdult Entertainment Ordinances 30-98 and 31-98 I am providing you with this summary overview, ordinances and other materials on adult uses so that this often litigated area of the law will become more familiar to you. The courts have required that regulation of adult uses must be based ~ on the secondary effects of such use and not on personal observations or views on the morality or content of the expressive content or on the use itself. Valid time, place and manner restrictions must be narrowly tailored and provide sufficient avenues of expression. The proposed ordinances contain certain proposed findings as to secondary effects. Ordinances 30-98 and 31-98 have been advertised for a first public hearing on August 18, 1998 at 7:00 p.m. and a second public hearing on September 8, 1998 at 6:00 p.m. The distinctions between the two ordinances are as follows: Ordinance 30-98 removes adult uses as conditional uses in the GC and MIC Zoning Districts and allows the adult uses as permitted uses in the MIC Zoning District. Ordinance 31-98 removes adult uses as conditional uses in the GC District, but keeps adult uses as conditional uses in the MIC District. Both of the ordinances provide for the elimination of the current 1,000 foot distance requirement between adult entertainment establishments. The distance requirement was sacrificed in order to have enough potential sites to meet the constitutional requirements of adequate alternative avenues of expression. While there is no set number of sites that a court will determine is constitutional, the courts will look to the percentage of land available for adult businesses, the number of sites with a genuine possibility of use for adult uses, and the number of sites potentially available for adult uses per city population. Augustll, 1998 Page 2 A survey of the cases in Florida shows that the courts have upheld ratios of one adult use site per 2,182 persons (with 122 available sites) down to one site per 6,761 persons (with 22 available sites). Boynton Beach's ordinance was upheld with a ratio of one site per 4,208 persons (with 11 available 'sites). The court struck down a St. Petersburg ordinance which provided a ratio of 1 site per 12,565 persons and 19 available sites because the ratio was insufficient to provide sufficient avenues of expression. The City's population is effectively 63,600 and includes approximately 53,000 permanent residents and approximately an additional 20% or 10,600 seasonal part-time residents. Based on other cases, the City would probably be required to provide in the range of approximately 10 sites (using the Ft. Lauderdale ratio) to 15 sites (using the Boynton Beach ratios). The number of sites provided are shown in the shaded areas on the map attached to the ordinance, after applying the distance requirements in the newly revised ordinances. Both ordinances prohibit adult uses from fronting on arterial roadways (i.e. Congress Avenue and Atlantic Avenue). This limitation is to shield the surrounding businesses and the general travelling public from the secondary affects of crime and drug sales and the urban blight that often accompanies adult uses. The ordinances do not permit adult uses east of the CSX corridor. The purpose of this restriction is to protect the church and the neighborhoods near Depot Road from the secondary affects of prostitution, drug sales, etc. that accompany this type of use. The area around Depot Road is listed in the Comprehensive Plan as RHB - Rehabilitation -- meaning the neighborhood has numerous code violations; deteriorated and non-maintained situations; high level of absentee ownership; significant crime problems and large number of vacant lots. The Comprehensive Plan emphasizes the need to combat crime in this area and the additional crime that often accompanies such uses. It is thought that increased crime would not further the rehabilitation efforts in the area. The ordinances retain the 750 foot distance requirement from other alcoholic beverage establishments and the 1,000 foot distance requirement from residential properties and schools, etc., but provides an exception if the residential use, school, etc. is separated from the adult use by 1-95. The ordinances both prohibit adult uses on historic properties that have not previously been used for adult uses in order to protect and maintain the history, character and cultural uniqueness of such sites by eliminating the secondary effects on historically designated properties. I do not believe there is currently any historically designated sites located within the adult Use boundaries on the map. Augustll, 1998 Page 3 Lastly, the ordinances provide for a stage of at least 100 feet for entertainment and performances and a separation requirements of 4 feet from patrons where the performer/entertainer, employee, is in the state of nudity or partial nudity. These requirements are related to the prevention of disease, and public health and are included in the ordinance to also minimize crime. Enclosed are the proposed ordinances, and an article that sets forth some of the law in this area. The studies and cases referenced in the ordinances are voluminous, therefore, I am transmitting one set of the supporting documents to the City Clerk so that you may review the materials. Please call me if you have any questions. cc: Alison MacGregor Harty, City Clerk Chief Richard Overman, Delray Beach Police Department Paul Dorling, Principal Planner Jeff Costello, Senior Planner Cathy Kozol, Police Legal Advisor adult I .sar ----.- ~.w o.,~. ROBERT N. FREILICH. P.C. "~'~ FREILICH, KAUFMAN, FOX B $OHAGI ,N -,ssoum RICHARD G. CARLISLE, P.C. BENJAMIN KAUFMAN ' THE ~I~HIKE LANDMAKK. ~UITE 1230 ~-**, c,~..,Is~., DEBORAH J. FOX I Jl755 ~ILSHIKE BOULEVARD TCL~--.O.C imm ~ARGAR~T HOOR; SOHAG~ ' STEPHEN J. MOORE, P.C. ~ LOS ANCELES, CALIFOKNIA 90025-1518 ,. TERRY O. HORGAN, P.e.I.s.e FACSIMILE OA~I. T~I ~Se~- S. MARK WHITE L; (310) 477'7663 TCLC~NONt Sa~41 ELIZABETH A. GARVIN ~4 DAWN R. ANDREWS ; TELEPHONE DAVID G. RICHARDSON e (310) 444-7805 DAVID W. BU~HEK ~ ADULT USE ZONING IN THE 90s BY DEBORAH J. FOX1 FREILICH, KAUFMAN, FOX & SOHAGI PRESENTED AT Annual Planning Conference · of the American Planning Association, · . Canadian Institute of Planners and Ontario Professional Planners Institute TORONTO, CANADA April 11, 1995 · APRI 3FJ95 Aduk Use Zoning in the 90s A nude ~uicn bar--Uae lalnst in nduit'us~ fa~.. offering a variety of healthy ~it j~ pl~ exotic nu~ ~~y bc ~iog ~ yo~ ~m~. Some ~ght s~ it ~ a r~ L~U (~l~ly ~lc ~d ~c") ~d a~vely o~ it: o~c~ ~t ~y it m~y p~ ~e ~vciopc. Undoub~ly. it wo~d pique ~ple*s in~t ~d ~bly ~w ~c ci~'s attorneys into ~c f~y of ~v~ ~m~* ~[ h~r s~ ~ut l~s~y b~ ping public v ~ener (1992) 3 C4~ 83~ 12 ~ 701. In ~u~ Sram ~ult ~ f~d~. ~ 1~ su~-~. Now ~ ~ Vcg~ ~ ~ ~~ ~ ~c "~1 ~~ City" by ~mg mng~ it ~ ~ ~ j~om. ~t ~ ~nt a ~Jc ~~on ~ ~ ~w of ~g, ~ ~o~ ~c wUl of n mj~ m ~1 ~e evolud~ of p~ ~c ~jo~ty from sup~g un~u~ ml.~ ~p~on. ~ ~m~ ~y of j~m~ ~ ~cd ~ ~ ~t m ~ T~ 1986) ~8 F Supp i~1, i~. ~ ~ ~ not ~ wi~ ~y ~ ~t on a p~'s ~ ~tfl~ ~d~ bm ~ ~ ~r's d~ m ~u~ a ~y od~ ~. ~ ~, ~md ~ ~ (1~6) 427 US ~7,'~ (~'s ~~t) ~ ~t- ~ v G~ ~ ~ ~ 21, 1991) ~ 19~/1~5 by ~e Reg~ of ~ ~t ~t ~fl~ty~ ~ ~m~o~ ~ o~ of ~e Rege~, ~ ~ Use m ~ ~t it de~ ~d ~ ~e ~~~ of ~ ~d · ~~e~ Fo~, a ~u ~ ~ d~p~m m~ is not pm~ ~x~i~ b~ qua~erly jo~al published tt vlot*~ ~c ~ pdn~pl~ of ~e fo~n~ ~m~cnc by Coburg ~ucation of ~c F~t ~cuL Undu Fke F~ ~c L~C' ~tw Fork · e Bar~lifo~a. .M~nt ~. 13. 1994) {m~ d~im ~n Pmf~r ~ A. ~non ~d ~oyd Ab~s).) [ I [ I The regulation of adult businesses meats arc more onerous with respect to desirable secondary effects of such busi- raises impor0mt public welfare issues. If f'u'st amendment activities than other nc- nesses ate to be reviewed under the standards adult uSe operators arc allowed to ignore ttvities. A regnlation enacted for the put- applicable to "eon'tent-neutral" time. place. a city's pinnning, building, and licensing pose of restraining speech on the basis of and manner regulations. requirements under the guise of the f'trst content presumptively violates the lust amendment, the public is placed at risk. amendmenL City of Renton v Playtime in the omitted footnote, the Court quoted Young v American Mini Theatres (1976) Adult use establishments are recognized Theatres, Inc. (1986) 475 US 41, 46. 427 US 50, 70: "[lit is manifest that soci- ns having the potential for adverse sec- Courts will overturn permit or licens- ney's interest in protecting this type of cx- ondary effects--crime` prostitution, re- tag requirements applied exclusively to pr~ssion is ofa wholly different, andless. duced pmpe~y values, degraded cum- adult uses If the regulation's only appar- er, magnitude than the interest iu metcial districts---and, accordingly, the ant purpose is to suppress protected unuammeled political debate." city's planning process with respect to speech. Entertainment Concepts,/nc.,/// such businesses sbould be respected. See v Maciejewski (7th Cir 1980) 631 F2d City of Rgnton thus marked a major Young v American Mini 77teatre~ (1976) 497. Content-neutral "time, place, and shift in the Supreme Court's first amend. 427 US 50. The community at large and manner" regulations, on the other hand, mcat jurisprudence. It is the first case adjacent property owners, both commer- wU! be upheld if they serve a substantial wber~ a majority of the Supreme Court cial and residential, have rights and inter- governmental interest and do not untea. (six justices) recognized that a hierarchy eats that deserve protection as much ','ts sonably limit alternative avenues of cum- of protected speech e~ists; Le,-that the -- the constitutional rights of the adult use municadon. City of Renton v Playtime pubUcatioo of the Pentagon papers, for operator. Theatres, Inc. (1986) 475 US 41, 47. example, is entided to more protection When judging thc constitutional suffi- than the late~t X-rated (but not obscene) clancy of an adult use ordinance, cour~ Regulation of Secondary Effects videotape. (In American Mini 77teatres, examine several issues, including the fol- In City of Renton, the Supreme Court this concept was recognized by only a lowing: upheld a zoning ordinance that pmhib- plurality of the Court.) See generally, ired adult modon picture theaters from SD J, lac. v City of Houston ($th Cir · Is the ordinance content-neutral? locating within 1000 feet of any residen- 1988) 837 F2d 1268. · Does theordinanceserveasubstantlal tinl zone, single- or multiple-family Following the City ofRgntqnexam- government interest and provide suffi- dwelling, church, park, or school. By its pie, a city's adult use ordinance should cient aitmnmfive sites for the potential terms, the ordinance was designed to pre- not prohibit adult businesses altogether, location of adult uses? vent crime, protect the city's retail trade, but may restrict thcb' location. Proper · Do permit or license provisions ut' the maintain property values, and protect the purposes would include protecting the ordinance provide established criteria community's quality of life, not to sup- city's retail trade, maintaining property on which the decision maker deter- press expression of particular views. 475 values, protecting and preserving thc mines whether an adult usc permit US at 48. quality of the city's neighborhoods and should be issued? Do they provide Before CiO' oj'Renton was decided, it Ibc.city's commercial districts, and pro- sgccific and reasonable ti/ac periods w~a uncertain whether adult business or- tactine the city's quality of Ufa. These for permit issuance? ' dinances were to be reviewed under the purposes should be stated in the ordi- · Should the court interject itsel~ into standard appUed to content-neutral ragu- hence. An ordinance formulated in this the city's planning and land use pro- lafions or under the higher-scrutiny seen- fnsliion may be categorized and analyzed cass? datd pppfied to content-based regulation, ns · content-neutral regulation. This article offers advice to attorneys The Supreme Court chose to analyze An unresolved bsue is whether, under for public entities negotiating the twists Renton's ordinance as content-neutral Oovt C §65858, a city could adopt as an and tums of the constitutional journey, even though it clearly treated adult the- urgency measure an interim ordinance Some may find themselve~ confronted ntcrs differently from other theaters. The that totally banned adult uses in the inter- with these issues ns thc-/update an out- Court reasoned that "the City CouncU's est of promctin~ tl~"public safely, health dated adult use ordinance, while others 'predominate COncerns' were with the and welfare" (Govt C §65855(a~). Such may be thrown into Udgadon when an secondary effects of adult theaters and · ban arguably Uea within the numerous adult use operator seeks an immediate not with I1~ COntent of adult films them- planning tools that a city has at its dispos- COurtmUngtnvalldatingactty'sadultuse selves." 475 US at 47. Thus, the ordi- . al in order to esperiment wlth appmacbes regulations. Any contest wUI probably be henCe COuld be classified ns COntent-neu- to ~ difficult legal issue. See Young v a spirited one, because both the first tral because it was "justified without American Mlnl. Theatre.~ (197b')427 US amendment and the public welfare evoke reference to the content of the regulated 50 (noting cities' need for flexible plan. such strong opinions. See Rossi, ~Vevtr speech." 47~ US at 4~, quoting Virginia nine tools); see also Sdmd v Borough of nn Easy Truce: The Potice Power ~r~u~ Ptmnnncy Bd. t, Virginia Cit~ze~ Con- Mt. Ephraim (1981) 452 US 61, 75 the Fine Amm~lment, p 106. turner Council, Inc. (1976) 42~ US '/48. (noting tlmt not evory unit of lovem- The Court went on to note lime (475 US mane, no mat~' how small, must provide CONTENT. NEUTRAL REGULATION: at 49}: an area for adult use). Slandard of Review at least with respect to businesses that purvey A commtmity ia entitled to llcotect ir- A f~'eshoid concern is whether the sexually expllnitmaterials(foemomomitted), self from the negative ~condary effects city's planning and building require- zonlnl o~dinances desilned to combat the un- of adult use~ and · small community LANO USE & ENVIRONMENT FORUM 103 tnay fistd that a total ban is thc ouly (1978) 585 P2d 1153). The Court held studies sbould be citcd specifi~ally in thc me'ms to do so. in light of thc variations that such reliance was justified and text of the ordinance. Also consider'in. itt cities' sizes and characteristics, a pub- constitutionally suff~cient (475 US at 51 ): cluding citations to any case authority on lic entity must have flexibility to address Renton was entitled to rely on the experiences which the entity relies in its f'mdings of thc muiti-dimensional pmblems posed by of Saattla and other cities, and in panicular on need to combat adverse secondary effects adult uses. the "detailed findings" summarized in the Of adult facilities. Legislators* Intent Irrelevant Washinston Supreme Court's Northcnd Ci~. Finally, do not overlook the id-house mo opinion, in enacting its adult theater zon- experience and capabilities of the plan- Note that a court's review is [halted to ins ordinance. The F'trst Amendment does not ning, police, and health service depart- the text of thc adult use ordinance; the re- require a ¢it~, before enacting such an ordi. meats. For example, if a community has view should not include speculation nancy, to conduct new studies or produce evi- nn existing adult usc facility that has gen. about the legislators' intent. City of Rca- deuce independent of that already [eneratedcrated a disproportionately high number ton v Playtime Theatres. Inc. (1986) 475 by other cities, so Ions as whatever evidence US 41, 47~ Bamon Corp, v City of Dayton the city relies upon is t~azonabty bctitved to of calls for police service, such dam is (SD Ohio 1990) 730 F Supp g0. PS. aff'd be ndevant to the problem that the city ed-crucial to telling the story of the resource (6th Cie 199 !) 923 F2d 470. The fact that dresses. [£mpbasis edded.] drain caused by the effects of adult uses ..... in a community. Some jurisdictions have hundreds of residents may have picketed conducted surveys of real estate brokers the adult establishment or expressed [Olo not within the community to show the reduc- s~'ong moral feelings about its presence tion in property values attributed to adult in their community is irrelevant to the overlook the in-house ~'acilities. The data should be offered in cgnstitutlonality of the ordinance. experience and support of the ordinance and to confirm SUBSTANTrVE VALIDITY capabilities of the the jurisdiction's concern about second- ary effects. Such findings ate all that is Once a court dote,rmines that an adult planning, police, and nect~ary to meet the government inter- business ordinance is content-neutral, it then must examine whether the ordi- health service est portion of the City of Renton test. See Lakeland Lounge v' City of Jackson (Sth hence is desigeed tO serve a substantial departments. For Ch- 1992) 973 F2d 1255. government interest, and whether it al- lows adequate avenues for the expression example, if a cornmunity In aDJ. Inc. v City of Houstbn (Sth Ch' of the restricted speech. 475 US at 50. · has an existing adult use 1988) 837 F2d 1268, 1274. the Fifth Ch-. cult Court of Appeals explained that in Substantial Government Interest facility that has generated reviewing adult business ordinances. The Supreme Court in City of Renton a disproportionately courts go beyond the review of normal had no difficulty determining that the or- high number of calls for legislative acts, but only to the extent of · dinance in question met the substantial insisting on objective evidence of put- governmental interest element of its test. police service, such pose.-Lt., a study or finding$: The Court stated (495 US at 50): "A~ a dais is crucial tO telling Insisting upon findings reduces the risk that majority of this L'ourt recognized itt · purported erfurt to'regulate effect L~ a mask American Mini Theatres. a city's 'interest the story of the resource tot regulation of content. That is. evidence of in attempting to preserve the quality of drain caused by the legitimate purpose is supported by proof that urban life is one that must be accorded effects of adult secondly effects actually exist and are the high respect.' [Citation.] Exactly the result of the business subject to the tegula- same vital governmental interests are at uses Jn a eton. stake here." community. Although the findings in a city's ordi- In City of Renton. ~e Ninth C'mzuit nance must meet the standard set by Ci~. had invalidated the city's adult business XXX of Renton, this standard is not a daunting ordinance. The Ninth Circuit held that one. A look at the facts of City of Rtnton because the ordinance was enacml with- demousuate& as the Ninth Circuit ob- out the benefit of st#dies specifically re- A newly enacled adult ordinance served, lime ti~ "record presenmcl by lating to the "particular problems or should state that it relies on the estab- Renton to support its asserted interest in needs of Renton." the city's Justification lish~d ca~ law and experiences of other enacting the zoning ordinance [wasi very for ti~ ordinance v/us "¢onelusool and ~Jtiez. thin." Playtime Theaters v City of Renton speculative." Playtime Theater~ v City of A host of studies on adult uses exist. (gth Cir 1984) 748 F2d 527, 536; sea also Renton (gth Ch. 1984) 748 F2d 527. 537. [n~uding those dona by Seattle. Pbounix. City of Renton v Playtime Theatres. Inc. The Sul~m~ Com~ boweveto held ~ Indlanapol~ Los Angeles. Garden (1986) 475 US 41, 60 (Brennan, .I.. dis- this burden of proof was '._,,~ly Grove, California. and Austin. Texas. ns seating). Yet the majority of the Supreme rigid." 495 LIS at 50. The Court noted well ns the LI.S. Attorney General's 1986 Court had no problem holding that the that. in adopting its ordinance,, Renton re- Report on Pornography. Public entities findings (adopted weeks after the ordi- lied heavily on the experience of the City aztd theh. attorneys should review these hence) were clearly sufficient to support of Se, atria (whose o/dinanc~ was upheld studies, if any are relevant to the expert-the ordinance. See also buernational in Nonhend Cinema ~ City of Seattle cnce of the enacting Jurisdiction, those Food & Beverage $y$. v City of Fon Lad- 104 ,~Ofil NG lpg4 'derd~sie (I Ith Ch' 1986) 794 F2d 1520, the city located along one mann thorough- businesses by requiring n minimum sepa- l 52? (city may rely on the experiences of fare or sprinkled throughout? Does the ration between adult uses. (The alterna. other communities and ordinance should full length of this mann nnery border on tire approach is to concentrate adult uses be tested as a zoning conUol), a residential zone and preclude siting an in one area of the city. Boston's "combat adult facility without violating the dis- zone" is an example.) Adequate Alternative Sites t~nce limitations of the ordinance? To de- This type of regulation w~ upheld in Renton's ordinance left 520 acres, or termine whether the offered number of American Mini-Theatres. Since then, more than 5 percent of the land in the adult sites is "reasonable" requites a several cases have struck down adult use city, open to use a s sites fur adult theaters, working understanding of the land use ordinances based on dispersal require- The land consisted of "'acreage in all patterns of the city. ments. One such case, City of Stanton stages of development from raw land to Cox (1989) 20'/CA3d 155'/, 1566, 255 developed, industrial, warehouse, office, "Apailable" $1te~ ,'md shopping space that ts criss-crossed In City of Rentork the Ninth C~tcuit CR 682, observed that dispersal require- meats had been invalidated because the by freeways, highways and roads.' Ap- had found that the 520 acres were not tm- end result was little opportunity for an pendix to Jurisdictional Statement 2ga." ly "avanJable" for adult theaters, because 4'/5 US at 53. The Supreme Court found they were either ah'eady occupied, not for adult use operation in the city. See, e.g. · Walnut Props., inc. ~, City oflFhittler (gth these locations sufficient to establish rea- sane or lease, or not commercially viable.-' Cir 1988) g61 F2d 1102 (1000-foot sepa-~ sortable alternatives, sites for the location of an adult theater, ration requirement effectively c,xciuded The evidendary record must show that The court held, therefore, that Renton's nil adult uses); Ale~_nndtr v City of Min. there are in fact n sufficient range of an- ordinance would result in a substantial neapolL~ (gth Car 1983) 698 F2d 936 ternntive sites. There is, however, no .set restriction on protected speech. Playtime (SOO-font separation with only 12 sites number of alternative sites necessary for Theater~ v City ofRenton (gth Cir 1984) avanlable). the ordinance to be valid. The issue is ex- '/48 F2d 527, 534. in the cases cited by Stamen. bowev- amined on a case by case basis with refer- The Supreme Court unequivocanly re- er, the dispersal requi..'ement was mea- ence to the particular demographics of jeered the notion that sites must he"cum- sured in a straight Hne. Seen e.g., Walnut the city. See, ~.g. lnlernational Food & mercianly" viable., or be cun~ntly for sale Pn~p~. v C/ty of W/dttigr (gth Ch' Beverage Sy$. v City of Fort Lauderdale orlense, ltheldthnttheregulatiooneed g61 F2d !!02, 1108 n4 (noting thatn tilth Ch' 1986) 794 F2d 1520, 1526 (22 only refrain from denying adult use oper- circle with a radius of 1000 feet encore- sites for nude b~s held to be sufficient ators a reasonable opportunity to open passes approximately 72 acres). Different without evidence to the contrary); Alex- and operate theh' businesses. 425 US at measuring criteria can produce less oner- ander v City of Minneapolis (gth Cir 54. Chief Justice Rehnquist pointed out out results. For example, measuring the 1991}92gF2d27g, 283 (adult theater ac- that adult businesses should not be eh- distance from front door to front door al- cess to 6.6 percent of total commercial titled to more than equal protection (475 lows for far greater alternative sites than acreage (120 sites) held reasonable). US at 54): the 'straight-line" method described in To support an adult use ordinance, the That respondents must fend for themselves In Walnut v City of Whittier, while prevent- administrative record should include: the real estate mutket, on an equal foot,ns ing adult businesses from being located with olher prospective Dutehesets and les- next to one another (or at the most not . total area of the city and number of sees. does not give rise to · F'tm Amendment two Or three doors nl~rt). gross acres; violation ....[1#]e have never suggested that , net acreage available for all land use the F'~st Amendment mmpels the Iovera- ,4dalz f/se "$a/~ermm"~eL~" purposes; meat to ensure that adult tbeatars, or any otb- Restrictions on the number of adult e bre~down as to net acres available er kinds of speech-related businesses for that uses permitted within one SlrdCtUre have for residential, commercial, industrial, matter, wiU be able to obtain sites at barlain been found constitutionally valid. agricultura}, etc.; prices. Bool~ Stores, Inc. v Edrni~ten (4th (::ir . toud ne~ acres available fOr adult uses; TbeConstitutiondoesno~taddlemu- 1979) 612 F2d 821, 826; Dumas v City Of · loUd number of operating busine~es nicipalities with ~he rusk of ensuring the Da/Au (HD Tex 1986} 648 F Supp 106 in the city; ~qd popularity or economic succe~ of adult 1070: see also roun~ ~, ~b~tr/can Afini- · ~ number of adult businesses opet- businesses (CLT o/National City v SVie- Theatres (1976) 427 US ~ting tn the city or close proximity, nor (19~)2) 3 C4th 832, 848, 12 CR.2d re/~mga Pre~ Samdard: 701) nor doe~ it guaranlen anyone a profit $u.g/icbmt $ile~ in '*i~lwwmt This framework h cruci~d for the Irier of (Intenmtlonal Food ~ ileverag~ Syn. v fac~ to demtmine whether the alternatives City o/For~ l. aud~rdale (l l th Cit 1986) in rolmnga Press, Inc. v City o! Los offered under ee ordlace ~rn ~uffi. '/94 F2d 1520, 1526). Aale/~(gthCi~ 1993) 989 F2d i~24, th¢ ctenL See Cityo. fA/mto.aai C/t),. W/crier Hin~ ~ a~kL.~aed L~ Aaleles'$ (1992) 3 C4th 832, 12 CR2d 701 (speci. Dispersal Requlremene attempt to ~eoe I1~ ~ei_~e~ of some ~ying ruud developable acreage within Io addidon Io requirinI ~4:m~tioo 102e,xi.seialad~#me~.RdYinlsolelyon v~ious land me cate~orlu), it elso from t~itive ~ me~ (re~idmOId Ihe~dult e~eopemtor's apetts, ~be serves to focus the inquiry on pinnainS zone~ claun:bes, ~)ls, ~d parks), corm had found that 120 pmenti~d sites and should bighl}ght some of Ibc unique many adult use ordinances also requir~ were available for relocation. On appeal, characteristics of the community. For ex- "dispersal." Such provisions auempt to however, the Ninth Circuit observed Ihat ample, is all the commercial proper~y in control the synergistic effects of adult the number of businesses that would have LAND USE & ENVIRONMENT FORUM 105 torclocatewasactuallymucbbigher. Un- prise. ('Los Angeles did not employ an same rules that apply to stat. utes. C-Y dcr ~hc ordinance, a single store that sold outside expert witness or use its own Dev. Co. vCiryofRedland~ 0982) 13'/ two kinds of adult entcr~inmcnt was planning director lo testify about the CA3d92§,929, 18./CR3?0. Courtsgen- considered a multiple business and each number of available sites within the city.) emily defer to the interpretation of an or- operation had to meet the separation stun. To avoid the pitfalls of Topanga Press, dinance or statute advanced by those who (lards. Thus, that operator would need questionable acreage of thc type dc- enforce it for two reasons: First, courts two relocation sites rather than one. By scribed as outside the "relevant real es- respect a government agency's compe- drafting its otdinancc in this fashion, Los tate market" should bc excluded from the tence, expertise, and experience. See Pa. Angeles ran afoul of the Ninth Circuit's final count of alternative sites. Also, a cific Legal Found. v Unemplaymem l~. prior decisions rejecting separation re- city can undertake a "mapping" process Appeals Bd. (198~)29 C3d 101, 111, !'/2 quimments that can significandy reduce that calls out the number of alternative CR 194. Second~ courts recognize that available sites, contemporaneous expressions of opinion Exhibiting some disdain for thc Su- about the construction of a statute by the preme Court's reasoning in City of Ran- officials charged with its enforcement arc ton, Topanga Press also adds a new layer irnporlant indicators of thc probable fen- of analysis'to data'ratine if sufficient al- emi understanding of the times and the tcrnatives exisl. It reqULres consideration A good drafters. Nelson v Dean (1946) 27 C2d of whether a specific relocation site is precautionar)/ 873, 880, 168 P2d 16. "pan of the relevant market" and rejects A good precautionm'y measure is to City of Renton's "money-blind" test. 989 measure is to place place in the administrative record a report F2d at 1530. The Topanga Press panel in the administrative from the city's planning director stating simply gave no bend to the fact that the that he or she has examined the ordi- property considered in City of Renton record a report ~om tile nance's crite~a and found "x' number of was in ali stages of development tnciud- cil~'~ planning director alternative sites. Such a determination is lng: (!) a sewage treatment plant; (2) a stating that he or she entitled to great we. if, bt in litigation chat. horse racing track and environs; (3) a lenging the ordinance. warehouse and manufacturing facilities; has e;:amined the . . (4) a Mobil OH lank farm; and (5) a fully ordinance'~ criteria and PERMIT OR LICENSE developed shopping center. Playtime found "x" number of REQUIREMENTS Theaters v City ofRenton (gth Cir 1984) Licensing or pea'mit schemes, such ns 248 F2d 52'7, 534. alternative sites. Such a conditional use permit requiremenls, are The Ninth Cb'cult offered limited crt- determination i$ a justifiable means of regulating second- ' tcria for determining whether sites are ac- entitled tO great weight ~ effects of adult uses. They are subject tually in the "relevant market" (989 F2d to challenge, however, if they do not pro- at 1531): in litigation vide specific standards for issuance of a · Is there a genuine possibility that the challenging the penniL or if they do notrequire public of- ficials to act on a permit applica, tion with- site is potentially available7 In other ordinance, in a reasonable time. words, is it reasonable "to believe that [the site] would ever become available XXX Specific Standards to any commercial enterprise?" The criteria for determining whether · If the sites are in manufacturing or in- to grant or deny an entitlement must not dusltial zones, are they reasonably ac- : cessible to the general pubfic? be tmpe~nissibly vague or vest unfet- ~red discretion in the decision maker. · If the sites are in manufacturing zones, do they have a proper infreslructurc sites available unclet the spedfic distance People v Nm~eau (!~186) 182 CA3d Supp such as sidewalks, road and lighting? and separation limitations being consid. 1, 227 CR 664.' Toe crucial Issue ts · Does the site serve some generic eom- ered. State of the art planning software whether the oriteria have been u~ilored to mercial enterprise? cnn be used to lenerate alternative see- ensure U~t pinna:ted s~h will not be · Are the sites _cnmmercially zoned? narios to assist in the final selection of suppressed. City of Lakewood v Plain distance ~ostticttoos. 'l'ne computer-~en- Dealer PublisAing Co. (1988) 486 US The Topanga Prexs panel clearly tn- crated maps can then be Included in the '/50 (tnvallclatlng ~quitement for annual jeered Los Angeles' attempt to include administrative record and designated at permit to operate news racks because llmusands of acres that were ~ul~nerled I~ ndoplion beating as the "oft~cial" mayor was granted unbridled discretiou beneath lbo PacRic Ocean or ~ omar Io bnpose ~enns and thus to deny per- harbor of the PortofLos Articles. ltalso map for alternative sites for the commu, mits). See also De,se v City of AnaAeim rejected inclusion of sites that were part nlty. (CD Cai 1993) 826 F Supp 336 finvali- of the Van Nuys AJfl)orL Children's HOS- Bu~llng a Re¢or~ About tan dating adult use ordinance requiring only piud, large oil refineries, or landfills, Cl~andl~sDemographics findings that adult nse would not bc detri- finding such sites were simply not suit- Tbeinterpretationofamunicipalordi- menial to genera] health, safety, or wel- able to some generic commercial enter- ounce or resolution is governed by the fare). 108 SPRING 1994 An ordinance ~ac provides no sma- which the status quo is maintained; and Comrn'n (1976) l? C3d 785, '/91, 132 d,'u'ds ac all for the issuance of a permit is (2) prompt judicial review must b~ avail- CR 386. unconstitutional. See, e.g., E.~otic World able. Often a race develops, with the adult News v City of Appleton (F.D Wis 1980) The Dallas ordinance requited the po- use operator trying to bring its facility on 482 F Supp 1220. In contrasL clearly set lice chief to render a decision on the re- line before the city can enact a new and standatcls preclude any argument that the quested license within 30 days but also improved adult use ordinance. Speeding decision maker bas been given unbridled requited thc business premises to pass up one's timetable in a calculated effort discretion to grant or deny oxcepfious, certain inspections before tl~ license was to escape impending land usc controls is FW/PB$, Inc. v City o/Dallas(1990)493 granted. Because no time limit was ira- not "good faith" action and, therefore. US 215. The ordinance sbould not de- posed on those inspecfions. ,he Court cannotestablisbavestedrigbt. AiresDev. mend thc submission of irrelevant data found the ordinance to bo constitutional- Co. v California Coastal 7.one Conserve. about an applicant's past in order to ob- ly deficient. See also People v Library lion Comm'n 0975) 48 EA3d 534, 548. t~n a license or pcrnfJt Genusa v City of One, inc. (1991) 229 EA3d 973, 280 CR 122 ER 315; see also South Coast Re. Peoria (Tth C:ir 1980} 619 F2d 1203 (in- 400; Y.l.. Thorne& Inc. v County of Los gional Cotnm'n v Higgins (1977) 68 validating Peoria's requirement that ap- Angeles (1991) 232 EA3d 916, 283 ER CA3d 636, 646, 137 ER. 551. plicant be of 'good moral character" as 815; World W'~e l,~deo, Inc. v City of lodging too much discretion in decision ~'ukwila (Wash 1991} 816 P2d 18; Adult Reasonable Amortization Period maker). F. ntenainment Ctr., Inc. v Pierce County Int'eoplevNadeau(1986} 182CA3d (Wash App 1990} 788 i'2d !i02. If a business is a legal nonconfonning use, a city may eliminate it by paying just Suppl, 227CR664, the court rejected a In California, CCP §§1094.5 and compensation or requitc ila removal after challenge to a Los Angeles CoUnty adult 1094.6 provide for prompt judicial re. a reasonable amortization period, City of business ordinance, holding that objec- view while allowing the possibility of five, though unquantified, standards are immediate relief through issuance of an Los Angeles v Gage, supra.; tJnitedBusi. not uncoustitufionally vague. The coutn altemafive writ on ex parle notice (ECP ness Comm'n e City of San Diego (1979) stated that the ordinance's provisions §1088).l:unhcr, apefifion forperempto- 91 C:A3d 156. 179, i$4ER263. Theun. should "govern exclusively the pby$tcal rywrttofmandatecanbehaardwithin I$ darlying concern ia to assure that the appearance and relafionship of the [adult days after service of a no,ced motion, amortization period allows a landowner businnss] to other uses" rather than eh- CCP §1094. a reasonable opportunity to recoup his or gage in an impermissible "moralistic An adult use ordinance should provide bet' tnvesnaem---an issue that is deter- litany." 182 CA3d $upp at 9. The court went on to validate all of the requite- that an applicant be nofificd simulta- mined by the facts of each case. (t/mc meats of the ordinance, including provi- ncously of (1) the decision on the permit that federal courts have shown disdain application and {2) the right to judicial for amortization period~ and instead, prc- sions requiring that the sites bo "suffi- review under CCP §§1094.5 and 1094.6. fcrred the "~randfathcr clausc" approach ciently buffered" from a residential area adopted by the city of Detroit in Arneri. and that the exterior appearance be con- LEGAL NONCONFORMING USF. S can Mini ~Tteatre~.) The fact ~hat federal sistent with adjacent commercial struc- tures. But see Dease v City of Anaheim An adult use operator may attempt to cour~ arc generally more receptive to challenges to adult usc ordinances means (ED Cai 1993) 826 F Supp 336, 344 establish a business before the city adopts (striking down ordinance that included a constilutionally ~ound ordinance and that plaintiffs will usually try to litigate thc latter two conditions on ground that then' claim that the operation is a legal their cases in federal court. ordinance gave planning commission un. nonconforming use. "Nonconforming in California. Ihe burden is on the constitutional discretion to grant or deny use" is merely a abort-hand term for a use. plaintiff to prove that the amonizafion CUP) that has a vested right to exist, but be- period ia unduly short as applied to i~s comes invalid by subsequent regulation, business. See National Advertising Co. ~, Specific and Reasonable Time Umits City of Los Angeles v Gage (1934) 12'/ County of Monterey (1970) I E3d 875, In FW, q'B$, Inc. v City of Dallas EA2d 442. 453, 274 P'2d 34. 880. 83 CR $77; City of Los Angeles v (1990) 493 LIS 215, the Supreme Court Gage {1934) 127 CA:2d 442, 450, 274 invalidated Dallas' discretionary adult Yested Rights P2d :~4. In making such a determinafion, use permit Moviaion because it failed to The doctrine of vested ri~s is based the decision malting body must consider act a time limit within which the permit on equitable e~toppei, a principle that several facto~ and then balance the pub- had to be ~ranto0 or denied. (The Court may be applied a~alnst the government lic ~aln from removal of the nonconfonn- did nm reach the issue of wbe~er the wbenjusdceandfalme~equireitSanta lng uso agalnst the con~espooding private city's iicen~ing ~:beme vested uncon- Monico t'ines, Ltd. v Rent Control ~ io~. Facto~ include: stitufional discretion in the bands of the { 1984) :~$ Lr~d 858, 866, 201 CR 393. To dcchion maker. 493 LIS at 227.} The obtain a vesled df, bt, a property owner ~ the adult busines~ owner's financhtl Court provided a two-pan test for asses, must perform substantial wo~ and incur fore,neat in d~e business; sing the sufficiency of an adult ordinance substantial liabilities in good faith re- · the present and actual and depreciated on this point: (i} the city must decide liance on a permit issued by a govern- value of the business ituprovements; wltether to issuc the license within a spa- mental a~ency. Aw:o Community Devel. · the remaining lease term; ~ified and reasonnble time period durin~ oper$. Inc. v ~outh Coast Regional · the cost of relocating the business; t. ANO tJ$1~ & I~I~nI~oNM~I~T I:Ot~tJla · the ability of the business and/or land- improvements). See also A,ffrm~y v City o/Az~a (1958), owner to change the use to a conform- Couru are inevitably urged by adult 164 CA2d 12, 330 P2d 2S5. ing use; use operators to scrminizo amoniza~on A~other ~cmr ~at may m-~e couns · the ,4~_,,_ on which the property owner periods under a mntiard more rigorous reluctant m enter a land uso disputg is and/or business owner received notice than "reaSonableness" because of the in- that, wi2en a plaintiff seeks to enjoin a of tho nonconforming stares of thc volvcmcnt of proUu:ted t'trst nmenflmcnt city from enforcing its ordinances, it is use,; and activity. See Pu~ie OnlOrt. Inc. v .,/ack- presmned *hnt the city wUl suffer hard* · the effects on tho bmtlth, safety, and son (ND Ga 198 I) 511 F Supp 1207. ship (continued biJ~12ting of its neighbor- welfare of the surmuncling businesses hoods) if the injunction is &minted. See and tt~_· if tho adult business is aJ- COURTS SHOULD BE Lvdo ~F~er~., ]nc. v City oj .... RELUCTANT TO ENTER - lowed tO operam beyond the proposed INTO PLANNING PROCESS fgth Ch' 1984) 745 F2d 1211, 1213. amortization period: Under the doctrine of separation of CONCLUSION M em~m~ Inc. v C~ o/ ,.~m D~o powers, acourtShouldbewa~/ofanyin- In City o~'Ren~n, the Supromo Court (1980~ 26 C3d 848, 164 CR $10. vimtion$ to sit ns a "supeq~is~er" or rej¢ctedthea,."ttvistrolothatsomefederal In C/fy o~' ~M~ler ~* IF~3/.-mt Pmp~., zoning ndm~t,tramr and override a courts had p~vlonsly underpin in re. ~n¢. (1983) 149 CA3d 633, 197 CR 127, city's entire zoning process. Cormm¢- viewing adult business ordinances. Ney- the court found that 30 days was a rea. ~ion/r~,,~. ,4~'~t ~ Ci~ o/P~ (gth ertheless, courts have consistendy ex- sonable amort~,-tton period for an adult Ch.1975) 522 F2d 897. As the CalLfomia amined adult use restriedons with a thce~r that merely needed to change its Supreme Court sm~d in Lo~r~ v City skeptical eye. For cities to overcome Edm rental pmcedures in order m comply o/Z~ ,4~geie$ (1949) 33 Cgd 453, 461, skepticism they~must give paiusmking with the now otiS-ce. See also ~.~R~ 202 P2d 38: attention to det~. tn dl=afting or defend. Fnr~, /ne. ~* City eiders 0990) 792 Th, wisdom of ~ht t~mhibhlons and rmric, lng their or~*,,*,,,','~, includtn8 SVt~2d 569 (thl~o-yenr amor~ndo~ p~i- lions is a manta' for tsgislative d~m~mina~ion, !!nnce O11 Sl3M~doc~menl~8 secoodary od for topless dancing establishment per. and ~n ~*~S6 ~ corn mm,. m ~,~, wa~ effects, the number of sitmmtve sites, m~*etbl¢);]r'belvCity°/'C~mn~(gthCh. ~ .~-arnubm~n, ~ ~,~J n~ ~abwam, ~ und sufficient flndings to support tho or. 198~ 767 F2d 635 (invalidating 60-day 7~Sm~m/'or ~ o/'t/~ ~on~n~ -~,/~r~t~ ~' di,,,nce. They must also ensure that their amord~t~on period where plni,~qiff had ~ ~ ~ *~*./~s~.~n/'or ~ir case fits the established constimtinnal five-yenr lease and had _rondo substantial ~.~. [Emphasis added.] standards in this area. XXX Deborah J. Fox Is a partner of Frcilich, Kaufman, Fox & Sohagi, a firm speninllzlng In representing government entities in land uso and onvironmmtal matters. She has national expm4ence in defending muni- cipalities in complex'civil fights litigation brought by adult use operators and has misted municipalities in drafting comtitutionally sound adult use regulations. In addition, she has extensive experience in eminent domain, environmental, redevelopment law, and land use litigation. Ms. Fox received her Bachelor of Arts, Political Science-Cultural Anthropology from the University of, Michigan in 1980 and her Jut'is Doctor from the University of San Diego Law School in 1983. OOR~'~ w~,Y LAKE IDA ROAO i CHURCH OF CHRIST ~EL R~ Y aR ~C PARK Z ATLANTIC AVE. AT!_AN TIC AVl MINI PARKS SOUARE A BEACH DEL~AY GoLF coURSE ..:. ~ ADULT ENTERTAINMENT ESTABLISHMENTS =~ ~ o~*~.c~c.. ~ ~ - AVAI~BLE LOCATIONS PLANNING ~ Z~INC -- ~IT~ ~S~ ~P E~M --- u~ REF: LMAg0 ORDINANCE NO. 30-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4 "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.3.3(AA), "ADULT ENTERTAINMENT ESTABLISHMENTS", BY AMENDING SECTION 4.3.3(AA)(1), TO PROVIDE THAT ADULT ENTERTAINMENT USES SHALL NOT BE ALLOWED ON PROPERTIES WITH FRONTAGE ON ARTERIAL ROADS OR LOCATED EAST OF THE CSX RAILROAD TRACKS, ELIMINATING THE DISTANCE REQUIREMENT BETWEEN ADULT ENTERTAINMENT ESTABLISHMENTS, DELETING REFERENCES TO SPECIAL CONDITIONS; BY AMENDING SUBSECTION 4.3.3(AA)(2), TO PROVIDE CLARIFICATION OF DISTANCE REQUIREMENT USES REGULARLY FREQUENTED BY THE GENERAL PUBLIC AND PROVIDING FOR AN EXCEPTION; BY AMENDING SECTION 4.3.3(AA)(3), TO PROVIDE MEASUREMENT CRITERIA FROM ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES; BY ENACTING 4.3.3(AA)(5), TO EXCLUDE ADULT ENTERTAINMENT USES IN HISTORIC DISTRICTS, ON HISTORIC SITES AND PROPERTIES, AND PROVIDING FOR AN EXCEPTION; BY ENACTING SECTION 4.3.3(AA)(6), TO PROVIDE MINIMUM FLOOR AREA REQUIREMENTS; BY ENACTING 4.3.3(AA)(7), TO PROVIDE THAT PERFORMANCES AND ENTERTAINMENT MUST BE FROM A STAGE, SETI~G FORTH MINIMUM STAGE SIZE REQUIREMENTS, AND SEPARATION KEQUIREMENTS FOR NUDE OR PARTIALLY NUDE PERFORMERS/ENTERTAINERS OR EMPLOYEES FROM CUSTOMERS, PATRONS, PERFORMI~-RS, ENTERTAINERS OR EMPLOY; BY AMENDING SECTION 4.4.9(D) "CONDITIONAL USES AND STRUCTURES ALLOWED", SUBSECTION 4.4.9(D)(1), DELETING ADULT ENTERTAINMENT USES AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL (GC) ZONING DISTRICT AND PROVIDING FOR RENUMBERING; BY AMENDING SECTION 4.4.19(B), "PRINCIPAL USES AND STRU~S PERMITI~D' BY ADDING SUBSECTION 4.4.19(B)(7), TO PROVIDE FOR ADULT ENTERTAINMENT USES AS A PERMITTED USE IN THE MIXED INDUSTRIAL COMMERCIAL (M/C) ZONING DISTRICT; BY AMENDING SECTION 4.4.19(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY DELETING SECTION 4.4.19(D)(1), DELETING ADULT ENTERTAINlVIENT USES AS A CONDITIONAL USE IN THE MIXED INDUSTRIAL COMMERCIAL (MIC) ZONING DISTRICT AND PROVIDING FOR RENUMBERING; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, this ordinance is enacted under the home rule of power of the City of Delray Beach, in the interest of the health, peace, safety, and general welfare of the people of the "City of Delray Beach," hereafter the "City"; and, WI~REAS, the intent of the City Commission of the City of Delray Beach in adopting this ordinance is to establish reasonable and uniform regulations for the adult entertainment industry that will protect the health, safety, property values, and general welfare of the people, businesses, and industries of the City. It is not the intent of the City Commission to legislate with respect to matters of obscenity. These matters are regulated by federal and state law, including chapter 847 of the Florida Statutes; and, WHEREAS, with respect to zoning and other regulatory issues, the City Commission for the City of Delray Beach, Florida, has considered repons, studies, and judicial opinions concerning the adverse secondary effects of adult uses on the community which include but are n6t limited to the' following: 1. City_ of Renton v. Playtime Theaters. Inc., 475 U.S. 411 (1956), ~, 475 U.S. 1132. 2. Youn~ v. American Mini-Theaters. Inc., 427 U.S. 50 (1975), ~, 429 U.S. 873. 3. Barnes v. Glen Theater, 501 U.S. 560 (1991). 4. Renort on Zonin~ and Other Methods of Retrulatin~ Adult Entertainment in Amarillo, (Texas) dated September 12, 1977. 5. RcLmlation of Criminal Activity and Adult Businesses. City of Phoenix, May, 1979. 6. Findings of the City Planning Commission for the City of New York dated January 26, 1977. 2 ORD. NO. 30-98 7. Detroit's Approach to Regulating the "Adult Uses" presented to American Institute of Planners, Annual Conference, October 10, 1977. 8. Report to the City Planning Commission and City Council from the Planning Department of the City of Beaumont, Texas. Dated September 14, 1982. 9. Legislative Report on an Ordinance Amending Section 28-73 of the Code of Ordinarlc¢$ of the City_ of Houston. Texas: Providing for the Regulation of Sexually Oriented Commercial Enterprises. Adult Bookstores. Adult Movie Theaters and Massage Establishments: and Making Various Provisions and Findings Relating to the Subject. Report prepared by the Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983. 10. Report on Adult Oriented Business in Austin. Report prepared by the Special Programs Division of the Office of Land Development Services of the City of Austin, Texas. Dated May 19, 1986. 11. Adult Entertainment Business in Oklahoma Cit'v. A Survey of Real Estate ~. Report prepared by the Community Development Department of the City of Oklahoma City, Oklahoma. Dated March 3, 1986. 12. Adult Entertainment Businesses in Indianapolis. An analysis prepared by the Department of Metropolitan Development dated February, 1984. 13. Palm Beach County Sheriff's Office report dated April, 1998. 14. Director's Ret}orr: Pronosed Land Use Code Text Amendment. Adult Cabarets. A report prepared by the Director of the Deparmaent of Construction and Land Use of the City of Seattle, Washington. Dated March 24, 1989; and, WHEREAS, the City Commi.~sion for the Cit~ of Defray Beach recognizes that as adult entertainment uses affect surrounding sites in a deleterious manner, particularly when several adult uses are concentrated and special regulation of these uses ia necessary to insure that these effects will not contribute to thc blighting or downgrading of the surrounding neighborhood; and, WHEREAS, the City also adopts the findings made in the adoption of Ordinances 35-90 and 56-90; and, WHEREAS, the secondary effects of adult entertainment uses include, but are not limited to, increased criminal activities, moral degradation, depreciation of property value, and harm to the economic welfare of the community as a whole; and, 3 ORD. NO. 30-98 WHEREAS, locations having adult entertainment tend to attract other activities which are illegal or immoral or unhealthful, such as, but not limited to prostitution, solicitation for prostitution, lewd and lascivious behavior, sale or possession of controlled substances and violent crimes against persons or property; and, WHEREAS, the City Commission for the City of Delray Beach, Florida, has determined that this ordinance is necessary to prevent crime, protect the City's retail trade, maintain property values, and protect and preserve the quality of Delray Beach's neighborhoods, commercial districts, and the quality of urban life; and, WHEREAS, the local planning agency, pursuant to Florida Statutes Section 163.3174(c) and LDR Section 1.1.6 has reviewed the amendment and made recommendations and determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan; and, WHEREAS, certain historic districts and certain buildings have been placed on the National Register of Historic Places or are in and of themselves contributory buildings in the historic district and reflect the history and unique character of the City which will be adversely affected by the secondary effects of adult entertainment uses; and, WHEREAS, the preservation of historic districts and historic buildings serves a valid governmental objective, promotes the public welfare, provides economic stimulation through tourism, enhances architectural and educational enrichment, affords neighborhood protection, community building, promotes cultural stability, preserves a sense of history and enhances aesthetics; and, WHEREAS, the performers/entertainers and employees who are nude or partially nude pose a threat to the health of patrons, customers, other employees and entertainers and themselves that may lead to the spread of communicable and social disease; and, WHEREAS, the concerns raised in the foregoing legislative findings relate to substantial and legitimate governmental interests; and, WHEREAS, adult use establishments have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns; and, WHEREAS, certain sections of the Code regulating Adult Entertainment establishments need clarification and correction; and, WHEREAS, amendments to the Code governing Adult Entertaimnent are required to bring the Code in compliance with current law. NOW TIql;.REFORE, BE 1T ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOI-I.OWS: 4 ORD, NO. 30-98 Section l. That Chapter 4, "Zoning Regulations", Article 4.3, "District Regulations. General Provisions", Section 4.3.3, "Special Requirements for Specific Uses", Subsection 4.3.3(AA), "Adult Entertainment Establishments", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, is hereby amended to read as follows: (AA) Adult Entertainment Establishments: In addition to the requirements of the underlying zoning district, other applicable general regulations, County licensing requirements, parking regulations .... :..7 .....a:.:~.... _ ~.~.~:~- ~ **. ..... ~ ~ .... .. .,:.:~--~.....,-. ..-~ ,.,.~.,.oor ~ 113.20 of the Code of Ordinances of the Cin, of Delrav Beach. the following requirements shall apply to adult entertainmem establishments: (1) 3 "'~"" .... : ....... ,.,;.,. ..... ,-~,, ,-~ , .... ,,a ~., ..... ,.-- .t ...... a (D No adult entertainment establishment shall be located on properties with frontage on an arterial road or located east of the CSX railroad track. (2) No adult entertainment establishment shall be located closer than one thousand (1,000) feet from any house of worship, school, residential zoning district, or community facilities 7,9.llillg. district (CF, OS, OSR, CD) sc-beet where the use is or is to be regularly frequented by the general public (i.e. community, center, oarks, courthouse, child care facilities. offices, etc.) measured from lot line to lot line boundary along a straight airline route, except when the nrooertv containing the adult entertainment establishment is separated from the above by the 1-95 right-of-way. (3) No adult entertainment establishment shall be located within seven hundred fifty (750) feet of an existing alcoholic beverage establishment, measured from lot line to lot line boundary along a straight airline mute. (4) $ignage. Only one sign per adult entertainment establishment is permitted, and such sign shall not extend above twelve (12) feet above ground level or have an area of greater than thirty-six (30) square feet. No n~on material shall be permitted on the sign. All other restrictions of the sign code shall apply herewith. (5) No adult entertainment establishment shall be loeatecl within an historic district, on an historic site. or on orooerties listed on the Local or National Reeister of Historic Places_ nniL-~.~ ~ himorie district, site or _or _operty was previously used for an adult entertainment ORD. NO. 30-98 ' (6) The minimum floor area per room or partitioned area within an adult entertainment establishment must be 2.000 sq, ft.. exclusive of kitchen, restrooms, storage areas. and other non-public/customer area of the establishment, (7) Performers/entertainers or employees in the state of nudity_ or partial nudity_ shall not approach within four feet of patrons, customers_ or other employees or other performers/entertainers, and must perform/entertain from a stage encomnassing an area of at least one hundred (100~ square feet. ~. That Chapter 4 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Section 4.4.9(D)(1), "Conditional Uses and Structures Allowed" is hereby amended by deleting subsection 4.4.9(D)(1) and renumbering the remaining list of conditional uses, to read as follows: (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses in the GC District, except as modified in the West Atlantic Avenue Overly District by Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by Section 4.4.9(G)(2). Section 3. That Chapter 4 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Section 4.4.19, "Mixed Industrial Commercial (MIC) District', Section 4.4.1905) is hereby amended by adding subsection 4.4.1905)(7) to read as follows: 05) principal Uses and Structures Permitte'd: The following types of use are allowed in the MIC district as a permitted use: {7) Adult Entertainment Establishments (subiect to Section 4.3.3(AA~ Section 4. That Chapter 4, Section 4.4.19(D) of the Land Development Regulations is hereby mended by deleting 4.4.19(D)(1)(a) to read as follows and renambering/relettering the remaining conditional uses: (D) Qonditional Uses and 5tinctures Allowed: (1) The following uses are allowed as conditional uses within the MIC Zone District: 6 ORD. NO. 30-98 Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the pan declared to be invalid. Section zL That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. S~tion 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ,1998. MAYOR ATTEST: City Clerk First Reading Second Reading ? ORD. NO. 30-98 ORDINANCE NO. 31-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4 "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY. BEACH BY AMENDING SECTION 4.3.3(AA), "ADULT ENTERTAINMENT ESTABLISHMENTS", BY AMENDING SUBSECI~ON 4.3.3(AA)(1), TO PROVIDE THAT NO ADULT ENTERTAINMENT USES SHALL BE ALLOWED ON PROPERTIES WITH FRONTAGE ON AN ARTERIAL ROAD OR LOCATED EAST OF THE CSX RAILROAD TRACKS, ELIMINATING THE DISTANCE REQUIREMENTS FROM ADULT ENTERTAINMENT ESTABLISHMENTS, AND DELETING REFERENCES TO SPECIAL CONDITIONS; BY AMENDING SUBSECTION 4.3.3(AA)(2), TO PROVIDE CLARIFICATION OF DISTANCE REQ~NTS FROM USES KEGULARLY FREQUENTED BY THE GENERAL PUBLIC AND PROVIDING AN EXCEPTION; BY AMENDING SUBSECTION 4.3.3(AA)(3), TO PROVIDE MEASUREMENT CRITERIA FROM ALCOHOLIC BEVERAGE ESTABLISHMENTS; BY ENACTING SUBSECTION 4.3.3(AA)(5) TO EXCLUDE ADULT ENTERTAINMENT USES IN HISTORIC DISTRICTS AND-ON HISTORIC SITES OR PROPERTIES AND PROVIDING AN EXCEPTION; BY ENACTING A NEW SUBSECTION 4.3.3(AA)(6), TO PROVIDE MINIMUM FLOOR AREA REQUIR.EMENTS; BY ENACTING A NEW SUBSECTION 4.3.3 (AA)(7), TO PROVIDE THAT PERFORMANCES AND ENTERTAINMENT MUST BE FROM A STAGE, SET'rING MINIMUM STAGE SIZE REQUIREMENTS AND SEPARATION REQUIREMENTS FOR NUDE OR PARTIALLY NUDE PERFORMERS/ENTERTAINERS AND EMPLOYEES FROM CUSTOMFRS, PATRONS, PERFORMERS, ENTERT~RS OR EMPLOYEES; BY AMENDING SECTION 4.4.9(D), "CONDrrIONAL USES AND STRUCTURES ALLOWED", BY OM1TrING SUBSECTION 4.4.9(D)(1), TO DELETE ADULT ENTERTAINMENT USES AS CONDITIONAL USES IN THE GENERAL CO~CIAL (CC) ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. /o -d. WHEREAS, this ordinance is enacted under the home role of power of the City of Delray Beach, in the interest of the health, peace, safety, and general welfare of the people of the "City of Delray Beach," hereafter the "City"; and, WHEREAS, the intent of the City Commission of the City of Delray Beach in adopting this ordinance is to establish reasonable and uniform regulafiom for the adult entertainment industry that will protect the health, safety, property values, and general welfare of the people, businesses, and industries of the City. It is not the intent of the City Commission to legislate with respect to matters of obscenity. These matters are regulated by federal and state law, including chapter 847 of the Florida Statutes; and, WHEREAS, with respect to zoning and other regulatory issues, the City Commission for the City of Delray Beach, Florida, has considered repons, studies, and judicial opinions concerning the adverse secondary effects of adult uses on the community which include but are not limited to the following: 1. Ci.ty of Renton v. Playtime Theaters. Inc., 475 U.S. 411 (1956), reh. denied, 475 U.S. 1132. 2. Young v. American Mini-Theaters. Inc., 427 U.S. 50 (I975), reh. denied, 429 U.S. 873. 3. Barnes v. Glen Theater, 501 U.S. 560 (1991). 4. Report on Zoning and Other Methods of Re~lating Adult Entertainment in Amarillo, (Texas) dated September 12, 1977. .., 5. Re_tmlation of Criminal Activity and Adult Businesses. City of Phoenix, May, i{ 6. Findings of the City Planning Commission for the City of New York dated January 26, 1977. 7. Detroit's Approach to Regulating the 'Adult Uses' presented to American Institute of Planners, Annual Conference, October 10, 1977. 8. Report to the City Planning Commission and City Council from the Planning Depamnent of the City of Beaumont, Texas. Dated September 14, 1982. 9. Legislative Re.orr on an Ordinance Amending Section 28-73 of the Code of Ordinances of the City_ of Houston. Texas: Providing for the Re_tmlation of Sexually Oriented Commercial Enternrises. Adult Bookstores. Adult Movie Theaters and Massage Establishments: 2 ORD. NO. 31-98 and Making Various Provisions and Findings Relating to the Subject. Report prepared by the Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983. 10. Report on Adult Oriented Business in Austin. Report prepared by the Special Programs Division of the Office of Land Development Services of the City of Austin, Texas. Dated May 19, 1986. 11. Adult Entertainment Business in Oklahoma City_. A Survey of Real Estate ~. Report prepared by the Community Development Department of the City of Oklahoma City, Oklahoma. Dated March 3, 1986. 12. Adult Entertainment Businesses in Indiananolis. An analysis prepared by the Department of Metropolitan Development dated February, 1984. 13. Palm Beach County SheriWs Office report dated April, 1998. 14. Director's Report: Pronosed Land Use Code Text Amendment. Adult Cabarets. A report prepared by the Director of the Department of ConstruCtion and Land Use of the City of Seattle, Washington. Dated March 24, 1989; and, WHEREAS, the City Commission for the City of Delray Beach recognizes that as adult entertainment uses affect surrounding sites in a deleterious manner, particularly when several adult uses are concentrated and special regulation of these Uses is necessary to insure that these effects wild not contribute to the blighting or downgrading of the surrounding neighborhood; and, WHEREAS, the City also adopts the findings made in the adoption of Ordinances 35-90 and 56--90; and, WHEREAS, the secondary effects of adult entertainment uses include, but are not limited to, increased criminal activities, moral degradation, depreciation of property value, and harm to the economic welfare of the community as a whole; and, WHEREAS, locations having adult entertainment tend to attract other activities which are illegal or immoral or unhealthful, such as, but not limited to prostitution, solicitation for prostitution, lewd and lascivious behavior, sale or possession of controlled substances and violent crimes against persons or property; and, WHEREAS, the City Commi.~sion for the City of Delray Beach, Florida, has determined that this ordinance is necessary to prevent crime, protect the City's retail trade, maintain property values, and protect and preserve the quality of Delray Beach's neighborhoods, commercial districts, and the quality of urban life; and, 3 ORD. NO. 31-98 WHEREAS, the local plarming agency, pursuant to Florida Statutes Section 163.3174(c) and LDR Section 1.1.6 has reviewed the amendment and made recommendations and determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan: and, WHEREAS, certain historic districts and certain buildings have been placed on the National Register of Historic Places or are in and of themselves contributory buildings in the historic district and reflect the history and unique character of the City which will be adversely affected by the secondary effects of adult entertainment uses; and, WHEREAS, the preservation of historic districts and historic buildings serves a valid governmental objective, promotes the public welfare, provides economic stimulation through tourism, enhances architectural and educational em'ichment, affords neighborhood protection, community building, promotes cultural stability, preserves a sense of history and enhances aesthetics; and, WHEREAS, the performers/entertainers and employees who are nude or partially nude pose a threat to the health of patrons, customers, other employees and entertainers and themselves that may lead to the spread of communicable and social disease; and, WHEREAS, the concerns raised in the foregoing legislative findings relate to substantial and legitimate governmental interests; and, WHEREAS, adult use establishments have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns; and, WHEREAS, certain sections of the Code regulating Adult Entertainment establishments need clarification and correction; and, WHEREAS, amendments to the Code governing Adult Entertainment are required to bring the Code in compliance with current law. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: S~tion 1. That Chapter 4, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4.3.3, "Special Requirements for Specific Uses", Subsection 4.3.3(AA), "Adult Entertainment Establishments", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, is hereby amemted to read as follows: (AA) Adult Entertninnnent Establishments: In addition to the requirements of the underlying zoning district, other applicable general, regulations, County licensing requirements, 4 OKD. NO. 31-98 113.20 of the Code of Ordinances of the City. of Delray Beach. the following requirements shall apply to adult entertainment establishments: (1] No adult entertainment establishment shall be located on properties with frontage on an arterial road or located east of the CSX railroad tracks. (2) No adult entertainment establishment shall be located closer than one thousand (1,000) feet from any house of worship, school, residential zoning district, or community facilities /a;~fl~district /CF. O$. OSR. CD~ o~b,cc, l where the use is or is to be re_~ularly frequented by the general ~uhlic (i.e. community center, parks, school, courthouse, child care facilities, offices, etc3 measured from lot line to lot line boundary along a straight airline rout~, except when the property_ containin~ the adult entertainment establishment is separated from the ;~bove by the 1-95 ri_~ht-of-wav. (3) No adult entertainment establishment shall be located within seven hundred fifty (750) feet of an existing alcoholic beverage establishment, measured from lot line to lot line boundary along a straight airline route. (4) $ignage. Only one sign per adult entertainment establishment is permitted, and such sign shall not extend above twelve 02) feet above ground level or have an area of greater than thirty-six (36) square feet. No ~on material shall be permitted on the sign. All other restrictions of the sign code shall apply herewith. (5) No adult entertainment establishment shall be located within an historic district, on an historic site. or on pronerties listed on the Local or National Register of Historic Places. unless the historic district, site or t}roperrv was previously used for an adult entertainment (6) The minimum floor area ncr room or r}artitioned area within an adult entermlnment establishment must be 2.000 sq. ft.. exclusive of kitchen, restroorns, storage areas. and other non-nubile/customer area of the establishment. - (7) Performers/entertainers or emnlovees in the state of nudity_ or partial nudi _ty shall not approach within four feet of natrons, customers, or other emolovees or other p.e. rformers/entertainera, and must perform/entertain from a stage encompassing an area of at least one hundred (100~ sa. uare feet. 5 ORD. NO. 31-98 ~. That Chapter 4 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Section 4.4.9(D)(1), "Conditional Uses and Structures Allowed" is hereby amended by deleting subsection 4.4.9 (D)(1) and renumbering the remaining list of conditional uses to read as follows: (13) Conditional Uses and Structures Allowed: The following are allowed as conditional uses in the GC District, except as modified in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by Section 4.4.9(G)(2). Section B. 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. ~. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ., 1998. MAYOR ATTEST: City Clerk First Reading Second Reading Idul~.ord rev. ~$/98 6 ORD. NO. 31-98 TO: DAVID T. HARDEN CITY M~ ~~.~,. THRU: PAUL I~ORLING, ACTING(DIFECTOR PLANNER SUBJECT: MEETING OF AUGUST 18, 1998 REZONING FROM R-l-AA (SINGLE FAMILY) TO OSR (OPEN SPACE AND RECREATION) FOR LOTS 262 AND 263 OF TROPIC PALMS PLAT NO. t IN CONJUNCTION WITH DEVELOPMENT OF THE LEON M. WEEKES ENVIRONMENTAL PRESERVE. The action requested of the City Commission is that of approval on first reading of an ordinance rezoning two lots (.41 acres) from R-l-AA to OSR. The subject properties are located at the northeast corner of Albatross Road and the unimproved portion of Curlew Road, within the Tropic Palms Subdivision. The City Commission initiated this rezoning on August 4, 1998 to accommodate improvements associated with the development of the Leon M. Weekes Environmental Preserve. The development plans call for hiking trails within the Preserve, pavilion with benches and tot lot playground on Lots 262 and 263 (property being rezoned), and a 10-space parking area within the unimproved portion of Cudew Road. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. The lots are currently zoned R-l-AA, and active recreation uses such as playgrounds are permitted in this district only when associated with a bonafide homeowners association. As these improvements are not associated with a homeowners association a rezoning to the OSR district which allows the use is being sought. The rezoning request is scheduled for the Planning and Zoning Board meeting of August 17, 1998. The results will be reported at the City Commission meeting. By motion, approve on first reading the ordinance for the rezoning from R-1-/~ to OSR for Lots 262 and 263 and setting a public hearing date of September 15, 1998, Attachments: · 8/17/98 P & Z Staff Report, Ordinance by Others ORDINANCE NO. 32-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING LOTS 262 AND 263, TROPIC PALMS PLAT NO. 1, LOCATED AT THE NORTHEAST CORNER OF ALBATROSS ROAD AND THE UNIMPROVED PORTION OF CURLEW ROAD WITHIN THE TROPIC PALMS SUBDIVISION, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned R-1AA (Single Family Residential) District; and WHEREAS, at its meeting of August 17, 1998, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of OSR (Open Space and Recreation) District for the following described property: Lots 262 and 263, TROPIC PALMS PLAT NO. 1, according to the Plat thereof as recorded in Plat Book 25, Pages 99 through 102 of the Public Records of Palm Beach County, Florida. The subject property is located at the northeast corner of Albatross Road and the unimproved portion of Curlew Road within the Tropic Palms subdivision; containing 0.41 acres, more or less. Section 2. That the Plannin9 Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 32-98 TRUCKS TE CONDOS SHERWOOD PONTIAC DOTTEREL ROAD USED CARS MALLARD DRIVE ~ HERON DR~VE ~C~O~ CURLEW ROAD DEl_ RAY KIA CURLEW ROAD DEL RAY TO YO TA MORSE SA TURN MOglLE HOMES SHERWOOD HONDA MOBILE HOMES L I ~ - REZONING - FROM: R--l--AA (SINGLE FAMILY RESIDENTIAL) TO; OSR (~[N SPACE ~ R~CR~TION) PLANNING AND ZONING BOARD CITY OF DELI: Y BEACH ---STAFF REPORT--- MEETING DATE: August 17, 1998 AGENDA ITEM: ITEM: City Initiated Rezoning From R-l-AA (Single Family Residential) to OSR (Open Space and Recreation) For Two Parcels Within the Tropic Palms Subdivision, Located on the North Side of Curlew Road, East of Albatross Road. , OSP,~Ev Dl~rv[ ~ ' Iii TOWN ~ COUNTRY ESTA T£ CONDOS GENERAL DATA: Applicant ......................... David Harden, City Manager Location .......................... Northeast corner of Curlew Road and Albatross Road Property Size .................. 0.41 Acre ~,,,~.~ ',,,~_~o Future Land Use Map ..... Low Density Residential (0-5 d.u./acre) Current Zoning ...............R-l-AA (Single Family Residential) Proposed Zoning ............ OSR (Open Space & Recreation) Adjacent Zoning .... North: RM (Medium Density Residential) East: CD (Conservation District) South: RM West: R-l-AA Existing Land Use .......... Vacant Proposed Land Use ........ Rezoning to accommodate the expansion of an existing nature preserve by adding a child play area with playground equipment, gazebo, fence with rolling gate, and associated parking lot. Water Service ................. n/a. Sewer Service ................n/a. IIl.C. The action before the Board is making a recommendation on a City-initiated rezoning request from R-l-AA (Single Family Residential) to OSR (Open Space and Recreation). The proposed rezoning consists of Lots 262 and 263 of Tropic Palms Plat No. 1 with a total area of approximately .41 acres. The lots are located at the northeast corner of Albatross Road and the unimproved portion of Curlew Road. Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. The subject lots are located within the Tropic Palms Plat No. 1 Subdivision, and are currently vacant. The City recently purchased the two lots to accommodate accessory uses for the Leon M. Weekes Environmental Preserve located immediately east, including tot lot area and a parking lot. The proposed improvements are not allowed under the current R-l-AA zoning district. To accommodate the use the City Commission initiated rezoning the lots to OSR at the August 4, 1998 City Commission meeting. The first reading of the rezoning is scheduled for the August 18, 1998 City Commission meeting. The development proposal is to rezone Lots 262 and 263 from R-l-AA to OSR. The rezoning is being requested in order to accommodate the expansion of the 11.66-acre Leon M. Weekes Environmental Preserve. The development proposal call for hiking trails within the Preserve, a playground, pavilion, and benches on Lots 262 and 263, and a 10-space parking area within the unimproved section of Curlew Road right-of- way. The improvements within the Curlew Road right-of-way require processing of a street closure which is also before the Board for consideration. The Leon Weekes Preserve is zoned CD (Conservation District). The Conservation District is intended to preserve and protect environmentally sensitive lands and only permits conservation of the existing floral, fauna, and natural habitat of the site. Active recreational facilities such as playground areas are not permitted, nor appropriate, within this zoning category. Recreation facilities (active and passive) are permitted within the R-l-AA zoning district, however only when operated under a bonafide homeowners association. Given these restrictions the two lots have been P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 2 acquired and are being rezoned to accommodate these active recreational components. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The current Future Land Use Map designation for the subject site is LD (Low Density Residential). The current zoning designation of R-l-AA does not allow the proposed use. The requested zoning change is from R-l-AA to OSR. The OSR zoning district is consistent with the Low Density Land Use designation shown on the Future Land Use Map. Active or passive parks (including playgrounds) are permitted within the OSR zoning district. 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. Water and Sewer: This facility will not contain any structures or restroom facilities which would require potable water or sewer service. Fire suppression is provided via an existing fire hydrant at the southwest comer of Albatross and Curlew Roads. Drainaae: A site plan modification is being processed concurrent with the rezoning request. The paving, grading, and drainage plans indicate the installation of retention swales and exfiltration trench system. P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 3 Traffic: Under the current R-l-AA zoning, the maximum development potential would be two single family homes generating 20 average daily trips. The Preserve has a total of 12.07 acres (including two lots) and utilizing trip rates for parks (1.59 trips/acre), the entire facility will generate 19.19 average daily trips. Based on the above, the proposed rezoning will not result in any additional traffic generation. The 20 trips can be accommodated by the adjacent street system and traffic concurrency can be met. Parks arid Recreation: This standard is not applicable as the rezoning will add an additional .41 acres to the City's parks and recreation facilities. Solid Waste: The current R-l-AA zoning allows two single family homes which would generate 1.99 tons of solid waste per unit per year. VVhile there is no generation rate listed for parks, it is anticipated this facility and its expansion will result in a decrease in solid waste generation. Refuse will be handled with the installation of trash receptacles. Adequate capacity exists at the County Landfill to handle this development. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Chapter 3 findings include the required findings of Section 3.1.1 (Future Land Use Map, Concurrency, and Compliance with the LDRs. These Chapter 3.1.1 findings are discussed in other sections of the report. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standard of Section 3.3.2 and other policies which apply are as follows: Standards "A", "B", and "C" do not apply to this proposal. 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. P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 4 The rezoning site is surrounded by the following uses and zoning districts: to the north and south are multifamily units on properties zoned RM (Multiple Family Residential-Medium Density); east is the existing Preserve on property zoned CD (Conservation District); and west is a single family home on property zoned R-l-AA. As recreational facilities are permitted in the current R-l-AA zoning district when associated with a bonafide homeowners association, the proposed use will be compatible with the adjacent residences. The playground area will be screened from the residential properties to the north, south, and west by a 6' high vinyl coated chain link fence with hedging. ^ Cocoplum hedge is proposed along the south side of the proposed parking area and along the west side of Lot 263, and an existing Ficus hedge is located along the north side of Lots 262 and 263. All existing and proposed hedging will be located inside the chain link fence. In order to increase screening of the proposed play area from the residential properties to the north, south, and west installation of landscaping outside of the chain link fence is recommended. Provision of landscaping outside of the fence will be reviewed at site plan. Sectiorl 2.4.5(D)($) (Rezoning Findings): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The reason for the rezoning is "c". The requested zoning is of similar intensity and will allow similar uses, i.e. active recreation, although not owned by the homeowner association. The zoning change will be more appropriate given its proximity to the Preserve and the direction given in the Comprehensive Plan under Objective A-1 of the Open Space and Recreation Element. Specific policies A-2.1 and A-2.2 direct the City to provide new recreation facilities to geographic areas where they do not exist and to enhance existing facilities by adding specialized items such as playgrounds. A review of the Goals, Objectives, and Policies of the Comprehensive Plan was undertaken and the following applicable Policies were identified. P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 5 Conservation Element Policy B-2.1: The submission of a biological survey and a habitat analysis shall accompany land use requests for...rezonings...However, the requirement shall not apply...where it is apparent that there are not such resources. The subject properties to be rezoned are vacant. A boundary/topographic survey has been provided, and no significant biological resources exist on the site. Housing Element Policy A-1.3: The City shall provide "courtesy notices" to the representatives of the various homeowner and neighborhood associations, of upcoming advisory board meetings which involve land use and development activities which may potentially impact their neighborhoods. Courtesy notices have been sent to all neighborhood groups in the area. See the "Neighborhood Notice" section under the "Review by Others" portion of this report. Open Space and Recreation Element Policy A-2.1: The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which d° not have facilities readily available to them. Open Space and Recreation Element Policy A-2.2: The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. The rezoning of the subject properties from R-l-AA to OSR will accomplish direction given in both of these policies. The Leon M. Weekes Environmental Preserve will be expanded to accommodate a play area open to the public, which will enhance the preserve and serve all residents of the community. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. The improvements to the Leon M. Weekes Environmental Preserve will require the installation of bicycle racks. During review of the associated site development plan this will be noted as a condition of approval. Compliance with Land Development Regulations: The proposed use is to be in compliance with the Land Development Regulations. Items identified in the P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 6 Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. A site plan application providing site, landscape, and drainage improvements is being processed concurrent with this rezoning request, and will be considered by the Site Plan Review and Appearance Board. LDR Section 4.6.9 Parking: Pursuant to LDR Section 4.6.9(C)(6)(q), parks shall have the parking needs assessed and determined by the City Manager or designee. The site development plan for the proposed improvements to the Preserve have been prepared in conjunction with the City Parks and Recreation Department, and the proposed 10-space parking area has been determined to be adequate for this facility. The rezoning is not in a geographic area requiring review by the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Neighborhood Notice: A special certified notice has been provided to property owners within a 500' radius of the subject property. Courtesy notices have been sent to the following individuals and associations who have requested notification of petitions in that area. El Delray Racquet Club El Lake Delray Apartments El Palms of Delray El Town and Country Estates El Tropic Palms Letters of support or objection, if any, will be presented at the P & Z Board meeting. The proposed rezoning of the subject properties to OSR accommodates the expansion of the Leon M. VVeekes Environmental Preserve. The expansion involves the installation of a tot lot playground, gazebo, and benches. ^ street closure is being P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 7 processed to accommodate the construction of the 10-space parking lot within the unimproved portion of Curlew Road. The two lots are currently zoned R-l-AA, and playgrounds are permitted within this zoning district only associated with a bonafide homeowners association. The rezoning to OSR will further objectives and policies in the Comprehensive Plan which call for providing additional park facilities and enhancing existing ones. ^ complete site development package plan is being processed concurrent with this rezoning request. Required positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, and the performance standards of Section 3.3.2 can be made. Based on the above, the proposed rezoning of Lots 262 and 263 to OSR should be approved. A. Continue with direction. B. Recommend rezoning of the subject property from R-l-AA to OSR, based on positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, performance standards of Section 3.3.2, and objectives and policies of the Comprehensive Plan. C. Recommend denial of a rezoning of the subject property from R-l-AA to OSR, based on a failure to make positive findings with respect to Section 2.4.5(D)(5). Recommend approval of the rezoning request for Lots 262 and 263 associated with the Leon M. Weekes Environmental Expansion from R-l-AA (Single Family Residential) to OSR (Open Space and Recreation), based upon positive findings with respect to Section 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning Actions), Section 2.4.5(D)(5) of the Land Development Regulations, and objectives and policies of the Comprehensive Plan. Attachments: · Location and Rezoning Maps · Survey · Overall Site Plan fllename:u:grahamc~3zrep~Jeonrez.doc N ~ - REZONING- cl~ Or DELRA¥ B[ACH. rL FROM: R-I-~ (SINGLE FAMILY RESIDENTIAL) TO: OSR (OPEN S~ACE ~ RE~R~TION) PLANNING k Z~ING D~ARTMENT --- DIG~ ~ ~P ~M -- ~A= REK: LM268 i..l.!' . .':~:.-). ~ ~' ,, ;~ ~ i ~.' ill L ~ ,l~ ;,,'"'~ ~ I--~l i: . .- ti,, ~ ( ". ~ I ~!1¢ ,"',:'1 '''~ ~ : .:..,..::... ] ~ ~ ~ r j~ :?'f-. ~ ~= .. m ?.- ,. :~i..:~j:;~ ~ ~ ~ .. .... ~ . '. - '. :L,'.~*~,~~~ ~ ~?.:~-::.:.: ....... ' I l' I ''': s ,i '-? 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