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01-07-97 Regular ,~L,3~i B,~,~.. CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING ~ JANUARY 7, 1997 - 6:00 P.M./P.UBLIC HEARING 7:00 P.M. AlI.AmericaCit¥ The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less, (10 minutes for group presentations). The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to~ speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. Ail comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. Regular Commission Meeting January 7, 1997 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. Action: Motion to Approve. 5. Approval of Minutes: Regular Meeting of December 3, 1996 Regular Meeting of December 10, 1996 Special Meeting of December 17, 1996 6. Proclamations: A. Martin Luther King, Jr. Day - January 20, 1997 B. Occupational License Officials Appreciation Week - January 19 through 25, 1997 C. School Nurse Day - January 29, 1997 D. Burn Awareness Week - February 2-8, 1997 7. Presentations: A. RESOLUTION NO. 1-97: A resolution recognizing and commending Richard M. Lincoln for his dedicated service to the City of Delray Beach. 8. Consent Agenda: City Manager recommends approval. A. INITIATION OF AMENDMENT TO LAND DEVELOPMENT REGULATIONS: Initiate an amendment to Section 4.4.27 of the Land Development Regulations to add child care services such as after-school programs and Head Start as a permitted use in the Open Space and Recreation (OSR) zoning district. B. FINAL PLAT APPROVAL/NORJAC: Approve the final boundary plat for Norjac, a proposed two lot subdivision located along the 2 Regular Commission Meeting January 7, 1997 westerly right-of-way line of the CSX railway, east of Congress Avenue, accessible to both Dr. Carol Krol Way and N.W. 18th Avenue. C. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR LAKE IDA ROAD BEAUTIFICATION FUNDING: Approve an interlocal agreement with Palm Beach County wherein the County agrees to reimburse the City for a portion of the costs the City will incur for the landscaping of Lake Ida Road. D. LAKE IDA ROAD IRRIGATION AND LANDSCAPING/REGAL CONTRACTORS, INC.: Approve bid award in the amount of $215,461.71 (base bid $208,710.71 and bid alternate #1 $6,751.00) to Regal Contrac- tors, Inc. for irrigation and landscaping improvements to Lake Ida Road between Congress and Swinton Avenues, with funding from 334-4144-572-63.31, 334-3162-541-63.12, and $49,800 fund transfer from Palm Beach County Grant Revenue (Account 334-0000-337-49.00). E. AMENDMENT TO TATE ACCESS AGREEMENT: Approve an addendum to the access agreement with Stanley G. Tate, et al, to clarify the intent of Paragraph 5c of the original access agreement. F. CHANGE ORDER ~2 AND FINAL PAYMENT/SUNSHINE PAINTING: Approve deduct Change Order #2 in the amount of $31,390.64 and final payment in the amount of $39,128.39 to CEM Enterprises, Inc. dba Sunshine Painting for filter rehabilitation and media replacement at the Water Treatment Plant, with funding from 442-5178-536-61.46. G. CHANGE ORDER ~4 AND FINAL PAYMENT/O'CONNOR & TAYLOR, INC.: Approve Change Order #4 in the amount of $10,184 and final payment in the amount of $28,423 to O'Connor & Taylor, Inc. for their work on the Municipal Golf Course Clubhouse Addition project, with funding from 445-4763-572-62.10. H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period December 9, 1996 through January 3, 1997. I. AWARD OF BIDS AND CONTRACTS: 1. Bid award at an estimated annual premium of $100,777.95 to MetLife Group Insurance Company for City Employees' Group Life and Accidental Death and Disability Insurance, with funding from multiple departmental accounts. 2. Bid award in the amount of $67,000 to Almazan Brothers Trucking, Inc. for sidewalk improvements at various locations throughout the City, in the amount of $67,000 from 118-1965-554-63.11. -3- Regular Commission Meeting January 7, 1997 9. Reqular Agenda: A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: Consider an appeal of SPRAB approval of a site plan, landscape plan and architectural elevation plan for Kwik Stop Market, a proposed 2,856 sq.ft, convenience store and laundromat to be located at the northeast corner of N.E. 14th Street and Dixie Highway. QUASI-JUDICIAL PROCEEDING B. LICENSE AGREEMENT/32 EAST: Consider approval of a license agreement with 32 East' restaurant for use of right-of-way adjacent to its business at 32 East Atlantic Avenue to provide valet parking for customers. C. GREEN MARKET/LIABILITy INSURANCE FOR BANNERS: Consider a request from the Delray Beach Green Market for the City to assume the liability insurance and cost for hanging banners on FPL poles from SwintonAvenue to 1-95. D. SPECIAL EVENT REQUEST/8TH ANNUAL DOWNTOWN ART FESTIVAL: Consider a request from Howard Alan Events, Ltd. for special event approval for the 8th Annual Downtown Art Festival to be held January 11-12, 1997. E. SPECIAL EVENT REQUEST/FOTOFUSION '97: Consider a request for special event approval from Palm Beach Photographic for "FotoFusion '97", to be held January 28 through February 1, 1997. F. PROMOTER AGREEMENT WITH BJCE, INC./USTA TOURNAMENTS: Consider approval of an agreement with BJCE, Inc. relative to the three USTA tennis tournaments scheduled for the municipal tennis center during 1997. G. BID AWARDS TO VARIOUS VENDORS/FIRE DEPARTMENT MEDICAL AND DRUG SUPPLIES Consider approval of multiple awards for medical and drug supplies for the Fire Department EMS, in the estimated annual amount of $121,963.21 from 001-2315-526-52.20; rejection of all bids for Items 149-152, 154 and Group X; award of Items 149-152 to Aero Products via a Metro-Dade bid; award of Group X to Sure-Loc, Inc. via a Palm Beach County bid; and rebidding of Item 154. H. BID AWARD/HEALTH INSURANCE FOR CITY EMPLOYEES: Consider approval of a bid award to United Healthcare for City employee health insurance, at an estimated annual premium of $1,965,281.52, with funding from multiple departmental accounts. I. TERMINATION OF CONTRACT WITH KEVLEX, INC. FOR SCHOOL BUS SERVICE: Consider terminating the contract with Kevlex, Inc. for bus transportation service for various Parks and Recreation programs, and authorize the continued use of Quality Transport for service until a new bus contract is awarded. -4- Regular Commission Meeting January 7, 1997 J. THIS ITEM HAS BEEN REMOVED K. APPOINTMENTS TO TNE LARGE HOME TASK TEAM: Appoint the membership of the Large Home Task Team pursuant to Resolution No. 84-96 adopted December 10, 1996. L. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a member to the Delray Beach Housing Authority to fill an unexpired term ending March 6, 1998. The appointment will be made by Mayor Alperin. M. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three regular members to the Code Enforcement Board for three year terms ending January 14, 2000. The appointments will be made by Mayor Alperin (general contractor), Commissioner Kiselewski (realtor), and Commissioner Egan (subcontractor). 10. Public Hearings: A. ORDINANCE NO. 54-96: (SECOND READING AND SECOND PUBLIC HEARING) An ordinance amending Section 4.4.10, "Automotive Commercial (AC) District", of the Land Development Regulations by adding the sale of new utility trailers as a permitted use within the district. B. ORDINANCE NO. 60-96 (SECOND READING & SECOND PUBLIC HEARING): An ordinance imposing a moratorium on the acceptance or consideration of applications for conditional use approvals for certain personal wireless service towers and tower facilities, and providing for the treatment of outstanding applications. C. ORDINANCE NO. 59-96: An ordinance enacting Chapter 135, "Abatement of Nuisances", of the City Code to provide for the establishment of a Nuisance Abatement Board. D. ORDINANCE NO. 58-96: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the City Code to revise the fee schedule for emergency medical transportation in accordance with the Inflation Index Charge for 1997. 11. Co~ents 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. -5- Regular Commission Meeting January 7, 1997 12. First Readings: A. ORDINANCE NO. 1-97: An ordinance rezoning a 2.55 acre parcel of land from GC (General Commercial) District to AC (Automotive Commercial) District for Borton Volkswagen. The subject property is located on the east side of North Federal Highway, approximately 1,500 feet north of Allen Avenue, immediately north of Borton Volvo. If passed, a quasi-judicial/public hearing will be held January 21, 1997. B. ORDINANCE NO. 2-97: An~ordinance rezoning a 0.60 acre parcel of land from AC (Automotive Commercial) District to GC (General Commercial) District for Gold Coast Medical Center. The subject property is located at the northeast corner of S.E. 5th Avenue (southbound Federal Highway) and S.E. 10th Street. If passed, a quasi-judicial/public hearing will be held January 21, 1997. C. ORDINANCE NO. 3-97: An ordinance amending City Code Chapter 71 Parking Regulations, Section 71.060 Parking Meter Permits, to remove Ingraham Avenue parking lot as a "resident only parking permit" lot for the Sandoway House, to comply with the interlocal agreement and lease agreement with Palm Beach County dated July 25, 1995. If passed, public hearing January 21, 1997. Do ORDINANCE NO. 4-97: An ordinance amending City Code Chapter 73 Parking Schedules, Schedule I (A) (2), (B), (D) Two-Hour/Four- Hour Parking Zones; and Schedule II Parking Meter Zones, to change certain off-street parking areas in the downtown area to 2-hour and 8-hour zones year-round versus 4 hours, and to include the Ingraham Avenue lot as a lot in which parking meters are allowed. If passed, public hearing January 21, 1997. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -6- CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JANUARY 7, 1997 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED AS FOLLOWS: ADD ITEM 7.B. UNDER PRESENTATIONS. B. Sandee Strong, Sandee's Restaurant, on the need for temporary signs at North Federal Highway businesses. ADD ITEM 9.N. TO THE REGULAR AGENDA. N. REOUEST FOR FUNDING/PALM BEACH COUNTY CULTURAL COUNCIL: Consider a request from the Palm Beach County Cultural Council for a grant in the amount of $2,500 toward the cost of an add-on element to the comprehensive cultural plan for Palm Beach County to determine the feasibility'of a concert hall for South County. WHEREAS, Dr. Martin Luther King, Jr. was born on January 15, 1929, in Atlanta, Georgia, and dedicated his life to all Americans being able to enjoy the freedom guaranteed every citizen under the United States Constitution; and WHEREAS, January 20, 1997, will be observed as Martin Luther King, Jr. Day in honor of the memory and ideals of Dr. King; and WHEREAS, Martin Luther King, Jr. labored tirelessly to obtain equality of opportunity for all Americans; and WHEREAS, Martin Luther King, Jr. was instrumental in the advancement of equality for all Americans; and WHEREAS, January 20th should serve as a reminder to each of us of the sacrifices made by some Americans in order to secure the rights of all Americans. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim January 20, 1997, as MARTIN LUTHER KING, JR. DAY in the City of Delray Beach, and urge all citizens to reflect upon the efforts and sacrifice made by Dr. King on behalf of all Americans and join in the celebration of his contributions to the struggle for peace and freedom for our nation and throughout the 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 7th day of January, 1997. MAYOR JAY ALPERIN SEAL WHEREAS, the Florida Association of Occupational Licensing Officials, Inc. (FAOLO) is a not-for-profit professional association dedicated to the promotion, education and professional recognition of occupational license officials and related personnel throughout the State of Florida; and / WHEREAS, Occupational License Officials are responsible for the collection directly or indirectly of the occupational license taxes, and the members of FAOLO work diligently for the betterment of municipal and county governments they represent to accomplish this collection goal; and WHEREAS, the general purposes of FAOLO are to encourage close cooperation and a sharing of information between the municipalities and counties on all matters relative to occupational taxes; and WHEREAS, Occupational License Officials throughout the State of Florida are often not credited for the fine jobs they do in serving their respective government, their business community, and the community-at-large; and WHEREAS, Occupational License Officials are dedicated well trained and highly responsible individuals who take their jobs seriously and are proud of their profession and the local government within which they serve; and WHEREAS, FAOLO wishes to set aside and declare the third week of January, 1997, to honor and recognize all Occupational License Officials in the State of Florida. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim January 19th through January 25, 1997 as OCCUPATIONAL LICENSE OFFICIALS APPRECIATION WEEK in Delray Beach, and urge all citizens to join with us in expressing appreciation for the dedication, hard work, and outstanding service provided by the individuals who serve as our Occupational License Officials. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 7th day of January, 1997. M A Y 0 R JAY ALPERIN SEAL WHEREAS, the school nurse, an important member of the educational team, is an experienced professional responsible for the systematic delivery of health services in school settings; and WHEREAS, the goal of the school nurse is to promote a healthy school environment that maximizes each child's potential to learn and grow; and WHEREAS, historically, school nurses have conducted health screenings and assessments, evaluated and monitored communicable diseases, worked to comply with immunization laws, as well as shared specialized knowledge through health eduction; and WHEREAS, school nurses continue to work in these areas while adapting to an ever-expanding role in which they provide expertise in health counseling, preventative health care, environmental health and safety, school and community health programs, and emergency health services; and WHEREAS, school nurses have the professional education and expertise to function successfully in complex systems of education and health. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim January 29, 1997, as SCHOOL NURSE DAY in Delray Beach, and encourage all citizens to recognize and appreciate the important services that school nurses provide to our city's school children. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 7th day of January, 1997. MAYOR JAY ALPERIN SEAL W~EREAS, severe burn injuries are a leading cause of deaths and injuries in North America, especially among young children; and W~ER~AS, every year more than 2 million people suffer burn injuries of some kind, and more than one of every three burn victims are children; and W~EREAS, approximately 75 percent of all burn injuries and deaths are preventable; and W~R~AS, the Shrine of North America operates three Shriners Burns Institutes, which provide free medical care to severely burned children; and W~R~AS, the Shrine of North America and the Shriners Burns Institutes join with other burn facilities across the nation in recognizing the seriousness of this hazard and the urgent need to educate the public about burn prevention and fire safety; and WHEREAS, it is fitting and appropriate to acknowledge the contributions of the Shrine of North America and to commend the Shriners for their continued support and care of young burn victims. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of February 2nd to February 8, 1997 as BURN AWARENESS WEEK in Delray Beach, and encourage all of our citizens to support the Shriners Burns Institutes and to take appropriate precautions to protect their families from devastating burn injuries. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 7th day of January, 1997. MAYOR JAY ALPERIN BEAL RESOLUTION NO. 1-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING RICHARD (RICK) M. LINCOLN FOR HAVING SERVED WITH DISTINCTION AND DEDICATION TO THE CITIZENS OF DELRAY BEACH, FLORIDA, SINCE 1973. WHEREAS, Richard (Rick) M. Lincoln has served the City of Delray Beach well and faithfully for over 23 years as a member and leader in the Delray Beach Police Department; and WHEREAS, Rick has retired with the rank of Major as Field Operations Bureau Commander, and he is leaving to serve the greater county community from the Palm Beach County Sheriff's Department; and WHEREAS, he served the City of Delray Beach as Interim Chief of Police from November 1, 1990 to October 6, 1991; and WHEREAS, during that interim period he lead the Delray Beach Police Department on the path towards Community Policing and professionalization bringing the Police Department closer to the citizens that we serve; and WHEREAS, Rick was directly instrumental in the solution of one of this City's most heinous crimes; and WHEREAS, Rick's police career has been characterized by devotion to duty, unimpeachable integrity, the personification of excellence and the mentoring of countless young officers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1: That the City Commission and the Citizens of Delray Beach hereby gratefully thank Richard M. Lincoln for his devoted service and wish him the very best in his future. PASSED AND ADOPTED in regular session on this 7th day of January, 1997. ATTEST: ~AO~R' - ~ity-Cl~rk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~6'// SUBJECT: AGENDA ITEM # ~ - MEETING OF JANUARY 7, 1997 INITIATION OF AMENDMENT TO LAND DEVELOPMENT REGULATIONS DATE: JANUARY 3, 1997 This is before the Commission to initiate an amendment to Section 4.4.27 of the Land Development Regulations to add child care services such as after-school programs and Head Start as a permitted use in the Open Space and Recreation (OSR) zoning district. Currently, both the City and County operate child care programs in the OSR zoning district. These programs have been operated at these sites for several years and were established under the auspices of an accessory use to recreational facilities. In the recent development proposal associated with the relocation of the Head Start program to modular buildings at the Catherine Strong Center, the need to specifically list the use as a permitted use appears appropriate. This change would affect 15 parcels which are currently zoned OSR. These include 12 sites which are owned by the City or County and three privately owned golf courses listed in the attached documentation. Since the majority of the properties are City owned, any new services that are established will be City operated, or must be approved through an agreement with the City. It is unlikely that a child care facility would be established at the three private golf courses that are zoned OSR; however, any such proposal would require site plan approval. Once the text amendment is initiated, the Planning and Zoning Board will consider this item at the January 27, 1997 meeting. The Board's recommendation will be forwarded to the Commission. Recommend Commission discretion. ~ D ZONING FROM: PAUL DOR CIPAL PLANNER SUBJECT: MEETING OF JANUARY 7, 1997 ** CONSENT AGENDA** INITIATION OF AN LDR AMENDMENT TO ADD "CHILD CARE SERVICES" AS AN ALLOWABLE USE IN THE OPEN SPACE AND RECREATION (OSR) ZONING DISTRICT. The action requested of the City Commission is initiation of a change in the Land Development Regulations (LDRs) to add child care services (such as after- school programs, Head Start, etc.) as a permitted use in the OSR zoning district. Currently, both the City and County operate child care programs in the OSR zoning district: at Pompey Park (after-school program), and at the Catherine Strong Center (Head Start program). These programs have been operated at these sites for several years and were established under the auspices of an accessory use to recreational facilities. In the recent development proposal associated with the relocation of the Head Start program to modular buildings at the Catherine Strong Center, the need to specifically list the use as a permitted use appears appropriate. This change would affect fifteen parcels which are currently zoned OSR. These include, twelve sites which are owned by the City or County and three privately owned golf courses. The City or County owned parcels include; * Boy Scout Hut (Lake Ida Road) * Pompey Park * Catherine. Strong Center * Delray Beach Cemetery * Miller Park * Veterans Park * Lake View Golf Course * Delray Beach Municipal Golf Course * Currie Commons Park * Merritt Park * Southwest Park * Lake Ida Park (County owned) Three additional sites which are privately owned and zoned OSR include; * Del Aire Golf Course * Hamlet Golf Course * Sherwood Forest Golf Course Since the majority of the properties are City owned, any new services that are established will be City operated, or must be approved through an agreement with the City. It-is unlikely that a child care facility would be established at the three private golf courses that are zoned OSR, however, any such proposal would require site plan approval. Once the text amendment is initiated, the Planning and Zoning Board will consider this item at the January 27, 1997 meeting. The Board's recommendation will be forwarded to the Commission. By motion, initiate the text amendment to add child care services to the OSR zoning district. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~ - MEETING OF JANUARY 7, 1997 FINAL BOUNDARY PLAT/NORJAC DATE: JANUARY 3, 1997 This is before the Commission to approve a final boundary plat to establish two separate parcels on the Norjac property. The subject property is located along the westerly right-of-way line of the CSX railway, east of Artic Ice, accessible to both Dr. Carol Krol Way and N.W. 18th Avenue. All applicable permits for the project have been obtained and staff comments addressed. Recommend approval of the final boundary plat for Norjac. Agenda Item No. ~ AGENDA REOUEST Date: December 31, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: January 7, 1997 Description of item (who, what, where, how much): Approval of final ~Qundary plat for Norjac. Ail applicable permits have been received and staff comments addressed. ORDINANCE/RESOLUTION REQUIRED: YES~ DRAFT ATTACHED YES~ Recommendation: $~aff recommends approval of ~e~re~f-Lnal boundary plat for Norj~¢, ./~,~//[7 ,/~ ~~ Department head signature: _ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved CDB/gm file: tac-Garden Court agl203rq.doc MEMORANDUM TO: David T. Harden City Manager FROM: C. Dan Beatty, P.~ City Engineer SUBJECT: FINAL BOUNDARY PLAT NORJAC DATE: December 31,1996 Attached is an agenda request for Commission approval of the final Boundary plat for Norjac. The subject plat consists of 2 parcels and is considered a Boundary Plat, therefore, Planning and Zoning Board approval is not required. All applicable permits for the project have been obtained. Also attached is a location map and reduced copy of the plat. If acceptable, please place this item on the January 7, 1997, Commission meeting for Commission approval. CDB/gm attachment cc: BOUNDARY PLAT Paul Dorling, Principle Planner file: s/eng/eng/tac/bound.doc LAKE/DA PLAZA CANAL L-32 LAMDA NOVA- LEE ST. ARTIC ICE ST, ~NS£'/~A BLVD. AVENUE AUTO PLAZA N.W, &RD MD$ VlHOL.ESALE SITE aa N.W. ~ I PALM TRAN ~ FACILITY N.W. 1ST ST. DON ~__ OLD ROYAL z COMM. PLAZA PARK N N O R- JAC } ~.~.c.~,~ E30 U N D A R Y P L A T Cl't~ OF DB. RAY BEAOH, FL DIGITAL EASE MAP SYSTEM -- C,'~ DWG\ DANLOCAEDWG MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # ~ - MEETING OF JANUARY 7, 1997 INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR LAKE IDA ROAD FUNDING DATE: JANUARY 3, 1997 This is before the Commission for approval of the agreement with Palm Beach County wherein the County agrees to reimburse the City for a portion of the costs the City will incur for the land- scaping of Lake Ida Road. The City Attorney has suggested approval of this agreement with the County for financial assistance in the amount of $49,800, with the condition that the language on Page 4, #9, line 26 be modified to add the wording "to the extent permitted by law." The agreement needs to be signed by the City and forwarded to County Engineering in time for it to go before the County Commission at its meeting on February 4, 1997. Recommend approval of the interlocal agreement with Palm Beach County subject to the modification recommended by the City Attorney. Date: December 31, 1996 Agenda Item No. ~(/t~, AGENDA REQUEST Agenda request to be placed on: X__ Regular __ Special Workshop __ Consent When: January 7, 1997 Description of Agenda Item: Interlocal Agreement with Palm Beach County for Lake Ida Road Funding Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: 5g~~a,.~~~l~l~l~. City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: (if applicable) Account # & Description: Account Balance: City Manager Review: Approved for agenda: ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved 1/17/96 MEMORANDUM TO: CITY MANAGER, DAVID HARDEN THROUGH: LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN~ FROM: NANCY DAVlLA, HORTICULTURIST RE: APPROVAL OF INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR LAKE IDA ROAD FUNDING DATE: ' DECEMBER 30, 1996 ITEM BEFORE THE COMMISSION The item before the Commission is consideration of approval of the agreement between the City of Delray Beach and Palm Beach County for financial assistance from Palm Beach County for beautification to Lake Ida Road (between Swinton Avenue and Congress Avenue) in the amount of $49,800.00. BACKGROUND Several years ago, during the initial design of Lake Ida Road reconstruction, the City was required to contribute to costs involved to modify the road construction plans in an effort to increase the landscapable area. In exchange, the County promised to reimburse the City for a portion of the funding. The City Attorney has reviewed the agreement and has asked that the language be modified on Page 4, # 9 to read "The CITY agrees to pay all costs, attorney's fees and expenses incurred by the COUNTY, its officers, employees, servants or agents in connection with such claims, liabilities or suits, to the extent permitted by law. Normally I would wait until the language was changed before even scheduling this for an agenda item. Due to the holidays, however, everyone I need to talk to is out on vacation. It's important that the agreement be signed by the City and forwarded to County Engineering in time for it to scheduled for the County Commissioner's meeting on February 4, 1997. It is my hope that this agreement could be tentatively approved, subject to the modification on Page 4 as described above. RECOMMENDATION Staff recommends that the City Commission give favorable consideration to the execution of the interlocal agreement with Palm Beach County for financial assistance in the amount of $49, 800.00 for the beautification of Lake Ida Road, with the condition that the language on Page 4, # 9, line # 26 be modified to add the wording "to the extent permitted by law." Department of Engineering a~d l~blic Works December 18, 1996 P.O. Box 21220 West Palm Beach, FL 33416-1229 (561) 684-4000 Nancy Davila, Horticultdrist City of Delray Beach 100 N.W. First Avenue · Delray Beach, FL 33444 RE: LAKE IDA ROAD FROM CONGRESS AVENUE ~ B~ch co,,,~. TO SWINTON BOULEVARD Board of County Commissioners Dear Ms. Davila: Ken L. Foster. Chairman As we discussed, enclosed are four original agreements for the County Burr Aaronson. Vice Chairman reimbursement grant for the City's beautification of Lake Ida Road from ~re. r. M~cus Congress Avenue to Swinton Boulevard. Following execution by your City c~o~.~obe~ Commission, please return all four original agreements to me. Upon execution by the Board of County Commissioners we will return a fully war~n .. ~e,~e, executed original agreement for your records. Mary McCarty If you have any questions on this, please contact me. Maude Ford Lee Sincerely, _ . Robert 'v~isman, Assistant County Engineer attachments pc: Marlene Everitt, Assistant County Attorney George T. Webb, P.E., County Engineer Edwin A. Jack, P.E., Deputy County Engineer James Snelgrove, Director, Road & Bridge Division Evelyn Allen, Director, Administrative Services Andrew S. Hertel, Special Projects Coordination, Traffic Division Jim Peters, Permit Coordinator, Land Development Division 'An Equal Opportunity Affirmative Ach'on Employer' ~ printed on recycled paper ~ITY F DELI~.Y BF~.~ ~ ZDA ROAD BF~UTTFT~,TZON I FINANCIAL ASSISTANCE AGREEMENT FOR CITY OF DELRAY BEACH 2 LAKE IDA ROAD BEAUTIFICATION 3 THIS ZNTERLOCAL AGREEMENT is made and entered into this 4 day of , 199 ., by and between the CITY OF DELRAY 5 BEACH, a municipal corporation of the State of Florida, hereinafter 6 'CITY,' and PALM BEACH COUNTY, a political subdivision of the State 7 of Florida, hereinafter 'COURTY.m 8 W I T N E S S E T H: 9 WHEREAS, the CITY is undertaking the installation of 10 beautification improvements, hereinafter mixmprovements", along Lake 11 Ida Road from Congress Avenue to Swinton Avenue~ and 12 WHEREAS, these improvements will be installed along the 13 County's Lake Ida Road right-of-way~ and 14 WHEP. EAS, the COUNTY believes that such efforts are in the best 15 interest of the CITY and the COUNTY and therefore wishes to support 16 that effort by providing a reimbursement contribution for fifty 17 percent (50%) or a maximum of FORTY NINE THOUSAND EIGHT HUNDRED and 18 00/100 DOLLARS ($49,800.00) to the CITY for the installation of the 19 improvements ~ and 20 WHEREAS, after installation, the CITY will be responsible for 21 the maintenance of the improvements~ and 22 WHEREAS, the CITY and COUNTY now wish to enter into an 23 agreement to provide for the COUNTY's contribution toward the 24 funding of the improvements~ and 25 WHEREAS, the COUNTY has established funding in its budget to 26 fund this request. -1- i NOW, THEREFORE, in consideration of the mutual covenants, 2 promises, and agreements herein contained, the parties agree as B follows: 4 5 The COUNTY grants to the CITY an amount not to exceed FORTY 6 NINE THOUSAND EIGHT HUNDRED and 00/100 DOLLARS ($49,800.00), or 7 fifty percent (50%), w~ichever is less, of the cost of the initial 8 installation, to be used exclusively for beautification along Lake 9 Ida Road from Congress Avenue to Swlnton Avenue, hereinafter 10 ~ProJect.= 11 1. The COUNTY agrees to pay the CITY the amount established 12 in paragraph I above for costs associated with installation of 13 landscaping and/or irrigation for the project and excludes any 14 costs associated with permitting, design fees, other professional 15 fees, printing, maintenance and hardscape improvements (curb, paver 16 bricks, etc.). An exception is that reimbursable costs may include 17 the maintenance costs for an establishment period not to exceed 180 18 days from the date of original installation. Where necessary, tree 19 grates may also be considered as a matching cost. After the 20 COUNTY's final inspection of =he project, the CITY shall furnish 21 the Assistant County Engineer of the COUNTY's Department of 22 Engineering and Public Works with requests for payment supported by 23 invoices or such other documentation which is acceptable in form 24 and detail to the CODI~TY to provide for verification that the 25 services and/or materials have been performed and received by the 26 CITY. Any in-kind materials and/or labor which is included as part 27 of the matching costs must be reasonably documented. Also, with 28 the final request for payment, the CITY agrees to provide a -2- CZ~ D~L,Y. AY B~ ~%F.E ZDA RO~ B~ZFZ~TZOH I statement that the CITY has provided, or will provide by a date 2 certain, Beautiful Palm Beaches, Inc. with five photographic slides 3 of the completed project. 4 2. The COUNTY shall have no obligation to the CITY or any 5 other entity or person in excess of the amount provided in 6 Paragraph 1. 7 3. The CITY agrees to assume all responsibility for design, 8 bidding, contract preparation, and contract a~m~nistration for the 9 Project, including payment(s) to contractor(s), pursuant to all 10 applicable state and COUNTY laws end CITY regulations. The CITY 11 agrees to install the improvements substantially in accordance with 12 the plans, specifications and costs as submitted in the July, 1996 13 application package to Beautiful Palm Beaches, Inc. Otherwise, 14 Palm Beach County will have the final determination of the 15 eligibility for reimbursement of any changes. Substantial 16 variations from the submitted plans shall require prior written 17 approval from the County Engineer's Office. The final permit 18 drawings must be signed and sealed by a Florida registered 19 Landscape Architect experienced in roadway planting and familiar 20 with the COUNTY's Streetscape Standards Manual, and shall comply 21 with the COUNTY's permitting requirements. 22 4. The CITY will obtain or provide all labor and materials 23 necessary for the installation of improvements under the Project. 24 The minimum requirement for plant stock is Florida Grade Number 1 25 or better and must be so specified on plans, as per Florida 26 Department of Agriculture Consumer Services Grades and Standards 27 for Nursery_ Plents (mos= current edition). This requirement is 28 subject to inspection by a designee of the Assistant County -3- i Engineer (such as the County Forester). Palm Beach County will 2 have the final determination of eligibility for reimbursement in 3 terms of this requirement being met. 4 6. The CITY agrees to be responsible for maintenance of the 5 beautified areas following the installation of these in~rovements. 6 7. The CITY shall be solely responsible for obtaining and 7 c~mplying with all necessary permits, approvals, and authorizations 8 required for the construction and subsequent maintenance of the 9 project from any federal, state, regional, or county agency. 10 8. All installation of these ~w~.rovements shall be cceapleted 11 and final invoices submitted to the COUNTY no later than June 30, 12 1998, and the COUNTY shall have no obligation to the CITY or any 13 other entity or person for any cost incurred thereafter. 14 . 9. The CITY recognizes that it is an independent contractor, 15 and not an agent or servant of the COUNTY or its Board of County 16 Commissioners. In the event a claim or lawsuit is brought against 17 the COUNTY, its officers, employees, servants or agents, the CITY 18 hereby agrees to indemnify, save and hold harmless the COUNTY, its 19 officers, employees, servants or agents and to defend said persons 20 from any such claims, liabilities, causes of action and Judgments 21 of any type whatsoever arising out of or relating to the existence 22 of the in~rovements or the performance or operation of this 23 Agreement, to the extent permitted by law. The CITY agrees to pay 24 all costs, attorney's fees and expenses incurred by the COUNTY, its 25 officers, employees, servants or agents in connection with such 26 claims, liabilities or suits, Furthermore, the CITY stipulates 27 that the extent of the COUNTY's liebility pursuant to this 28 Agreement shall be limited solely to its aforementioned payment -4- I obligation. Nothing contained herein, however, shall act as a 2 waiver of any of the CITY or COUNTY's immunities provided for in 3 Section 768.28, Florida Statutes. 4 10. In the event of termination, the CITY shall not be 5 relieved of liability to the COUNTY for damages sustained by the 6 COUNTY by virtue of any breach of the contract by the CITY and the 7 COUNTY may withhold any payment to the CITY for the purpose of set- 8 off until such time as the exact amount of damages due the COUNTY 9 is determined. 10 11. The COUNTY and the CITY agree that no person shall, on 11 the grounds of race, color, sex, national origin, sexual 12 orientation, handicap or religion be excluded from the benefits of, 13 or be subjected to any form of discrimination under any activity 14 carried out by the performance of this Agreement, 15 12. All notices required to be given under this Agreement 16 shall be addressed to: 17 COUNTY 18 Palm Beach County Department of 19 Engineering and Public Works 20 Attn= Assistant County Engineer 21 Post Office Box 21229 22 West Palm Beach, Florida 33416-1229 23 CITY 24 CITY Manager 25 CITY of Delray Beach 26 100 N. W. First Avenue 27 Delray Beach, Florida 33444 28 13. The parties agree that this document sets forth the 29 entire agreement between the parties, and that there are no 30 promises or understandings other than those stated herein. None of 31 the provisions, terms, and conditions contained in this Agreement -5- oo cx~ .r D~Y ~x~ 1 may be added to, modified, superseded or otherwise altered except 2 by written instrument executed By the parties hereto. 3 14. In the event that any portion of this Agreement shall be 4 held invalid for any reason, such invalidity shall not &fleet the 5 remaining portions of this Agreement and the same shall remain in 6 full force and effect. 7 15. This Agreement will be governed by the laws of the State 8 of Florida. 9 (INTENTIONALLY LEFT BLANK) -6- 1 IN WITNESS WHEREOF, the parties have executed this Agreement 2 and it is effective on the date first above written. 3 CITY OF DELRAY BEACH, PALM BEACH COD~rY, FLORIDA, BY ITS 4 BY ITS CITY COMMISSION BOARD OF CO~IRTY COMMISSIONERS 5 By: By: 6 MAYOR CHAIPd~N 7 ATTEST: ATTEST: 8 DOROTHY H. WILKEN, CLERK 9 By: By: 10 CITY CLERK DEPUTY CLERK 11 APPROVED AS TO FORM AND APPROVED AS TO FORM AND 12 LEGAL SUFFICIENCY LEGAL SUFFICIENCY 13 By: By: 14 CITY ATTORNEY ASSISTANT COUNTY ATTORNEY 15 -7- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~// LAKE IDA ROAD IRRIGATION AND LANDSCAPING/REGAL CONTRACTORS, INC. DATE: JANUARY 3, 1997 This is before the Commission to consider awarding a bid to Regal Contractors, Inc. for irrigation and landscaping improvements, and one-year's maintenance of the Lake Ida Road medians between Congress and Swinton Avenues. This award also includes Bid Alternate #1 for irrigation and plantings on N.W. 10th Avenue. The original specifications also called for Bid Alternate #2 for the 1-95 overpass at Lake Ida Road. However, I recommend delaying that award until we know whether the area to be land- scaped will be affected by the 1-95 widening project now under design. Staff and the consulting firm of Cotleur Hearing, Inc. have reviewed the bids and recommend awarding to low bidder, Regal Contractors, Inc. The Base Bid is $208,710.70, and Bid Alternate #1 is $6,751.00, for a total of $215,461.71. Funding is available as follows: $1,517.71 from Lake Ida Widening (Account #334-3162-541-63.12); $213,944.00 from East Lake Ida Beautification (Account No. 334-4144-572-63.31), which includes the transfer of $49,800 from the Palm Beach County Beautification Grant (Revenue Account No. 334-0000-337-49.00). Recommend awarding the bid for irrigation and landscaping improvements for the Lake Ida Road medians to the low bidder, Regal Contractors, Inc. in the amount of $215,461.71. Date: December 31, 1996 Agenda Item No. Jr-tO AGENDA REQUEST Agenda request to be placed on: X__ Regular __ Special __ Workshop __ Consent When: January 7, 1997 Description of Agenda Item: Bid Award No. 97-02 for Lake Ida Road Beautification Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature:~~ City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available/No Funding Alternatives: /,/lA ,, (if applicable) Account # & Description: ~r_t/it/gr- Account Balance: ~tlg~/~/q,~,, Hold Umil: A~enda Coordinator Review: Action: ~~ MEMORANDUM TO: DAVID HARDEN, CITY MANAGER THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT FROM: NANCY DAVlLA, HORTICULTURIST RE: LAKE IDA ROAD BEAUTIFICATION - AWARD OF BID NO. 97-02 DATE: DECEMBER 30, 1996 ITEM BEFORE THE COMMISSION The item before the Commission is the consideration of the award of bid for the irrigation and landscape improvements to Lake Ida Road (between Congress Avenue and Swinton Avenue) to Regal Contractor's, Inc., including Bid Alternate # I for NW 10th Avenue and Bid Alternate # 2 for the 1-95 Overpass, in the amount of $245,394.71. BACKGROUND The advertisement for bids was .published November 15, 1996 for the beautification of Lake Ida Road, Bid No. 97-02. In addition to the base bid for the irrigation, landscaping and one year maintenance for the five medians recently constructed, alternate bids were also requested for irrigation and plantings on NW 10th Avenue (the road leading to Spady elementary from Lake Ida) and for the 1-95 Overpass at Lake Ida Road. Bids were due December 3, 1996 and three bidders responded. The lowest bidder is Regal Contractors Inc., in the amount of $245,394.71 for the Base Bid and Bid Alternate # 1 and Bid Alternate # 2. The second lowest bid was submitted by Vila & Son Landscaping Corporation in the amount of $248,120.11, and the third bidder, Custom Care, Inc., submitted their bid in the amount of $251,229.02. Included in Regal's Bid is the maintenance for the landscaping for the first year, which coincides with the warranty period. Of the $245,394.71, $29,642.55 is specified for maintenance. This figure includes the labor as well as a line item for mulch and fertilizer. The funding for the maintenance portion is to come from the Park's Department budget. Since the project is not expected to be completed until May 1997, only four months of the one year maintenance cost will come from Park's budget for the '96~'97 fiscal year, and the balance from the '97?98 budget. Regal Contractor's Inc., were the contractors for the installation of the irrigation and landscaping on West Atlantic Avenue (between the CSX Railroad and Military Trail). OVerall they did and excellent job, completed the work on time and delivered very high quality plant materials. Although we did have a disagreement on whether mulch was included in their one year maintenance contract (Susan Ruby said the contract was ambiguous and thus the City couldn't require it). We have addressed this ambiguity and called out a line item for mulch in this bid. Regal also constructed a ballfield and installed playground equipment at Pinegrove Elementary School which was coordinated by the City's Engineering Department. In speaking with Jose Aguilar from Engineering, they did a very good job. A letter is attached from the City's Consultant's, Cotleur Hearing, Inc., which recommends the contract be awarded to Regal Contractor's Inc. EUN,D!NG Funding for the project is available from several different sources. $164,144.00 is available in the account for East Lake Ida Beautification Act # 334-4144-572- 63.31. Palm Bea'ch County is funding $49,800. The maintenance portion of $29, 642.55 will come from the Park's Department operations budget during the balance of this fiscal year and the 8 months of next. The additional funding for the project needed in the amount of $1,808.16 is available in Act # 334-3162-- 541-63.12. This account will also cover expenses for the installation of water meters. RECOMMENDATION Staff and the consulting firm of Cotleur Hearing, Inc., have reviewed the bids for the Lake Ida Road Beautification Project and recommend the City Commission give consideration to awarding the bid to Regal Contractors, Inc., in the amount of $245,394.71 which covers the base bid and Bid Alternate # 1 for improvements to NW 10th Avenue and Bid Alternate # 2 for improvements to the 1-95 Overpass. Cotleur Hear'. g Landscape Architecture Planning Environmental Consulting Graphic Design December 17, 1996 Nancy Davila City of Delray Beach Planning Department 100 NW l't Avenue Delray Beach, FL 33444 Re: Lake Ida Road Beautification Dear Nancy: Please find enclosed the analysis of Landscape Bids for the Lake Ida Road Beautification project. A spreadsheet evaluation was put together in order for us to effectively compare the unit prices for each pay item in the Bid form between the three contractors, as well as our initial cost estimate. We have also averaged the three costs by the three perspective bidders to determine what the average unit cost was of each item. Based on our analysis it our recommendation that we use Regal Contractors for this project since their price was the lowest, both in the Base Contract Bid and in considering the add/alternate planting options. We feel Regal Contractors is a qualified firm and can easily perform this work since they performed on a satisfactory basis on the West Atlantic Avenue project. All three bids were very competitive and all three were very close. Any of these contractors would have been qualified to do this work. Please let us know if you need any additional information or if you have questions regarding our analysis. Si~,~rely yours, ~ Donaldson Hearing DH:hr Suite 402 1070 E, Indiantown Road Jupiter, Florida 33477 407-747-6336 FAX 747-1377 G:~oroject~akeida~corres~davila3,doc [lTV I]F I]ELRR¥ BERCH CITY ATTORNEY'S OFFICE ~,, .,,,~'~" ~"'~'~,~: ~ '""~" ~' ~'~' ~"~, .~.~ ~'~'~' ~'~ ~:~"' ~ Writer's Direct Line: (~7) 243-7~1 DELRAY BEACH lll.lm~ica Ci~ ~MO~D~ 1993 TO: Ci~ Co~ssion q~*;' u~ .......... ~ ~q~_ FROM: Susan A. Ruby, Ci~ Attorney SUBJECT: Amendment to Tate Access Agreement The enclosed amendment clarifies Paragraph 5c of the original access agreement. Paragraph 5c of the original agreement (also enclosed) provided for vacation of a portion of Davis Road subject to City utility easements. The amendment clarifies that the language in the original Paragraph 5c does not preclude Tate from receiving damages, if a court awards damages for the vacated portion of Davis Road. This is not a significant amendment, but clarifies the original intent of Paragraph 5c. By copy of this memo to David Harden, City Manager, our office requests that this amendment be placed on the January 7, 1997 consent agenda for approval. P!~a~you~ have any questions. Enclosures cc: David Harden, City Manager Alison MacGregor ,arty, Ci, Clerk Bill Doney, Esq. Bill Sned, Esq. access3.sar D~C.~3.1996 ~:35PM BRACKETT~COOK~SMED~PA NO.317 P.?×8 AD D EN.D UM TO ACCESS AGREEMENT THIS ADDENDUM entered into the day of , 199~, by and among the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "City," STANLEY G. TATE, TRUSTEE, hereinafter referred to as "Trustee," the LAKE WORTH DRAINAGE DISTRICT, hereinafter referred to as "District," WILLIAM H. SNED, JR., TRUSTEE, hereinafter referred to as "Shed," =nd AURORA HOMES, INC., hereinafter referred to as "Aurora." WHEREAS, the parties hereto entered into an Access Agreement dated October 31, 1996; and NOW, THEREFORE, for good and valuable consideration, it is a~reed as ~ollows: 1. That all the original terms and conditions of the Access Agreement remain in full force and e{fect except as herein specifically amended. 2. That paragraph S.c. is amended to reflect that to the extent a court determines that Trustee owne~ a~y portion of the 64-foot area at the time of the entry of the Final Judgment in the litigation styled ~-le~ G. Tats v. City of. Delray Beach, et al., Case No. 93-5198 AI, (area described in Exhibit G), that notwithstanding the provision of this paragraph, Trustee woul~ be entitled to recover d~maages for such area to the extent a court would otherwise award such damage, but for this Agreement. 3. This Addendum is given to clarify the prior Access Agreement. 4. This Addendum may 'be executed in any number of counterparts, each of w~ich, whe~ executed, shall be ~eeme~ an original, and all of which shall be deemed to be one and the same instrument. Facsimile transmission signatures will be deemed original signatures. IN'WITNESS WHEREOF, the parties have executed this Addendum to 12/23/96 ~ON 15:27 [TX/RX NO 7594] '- DEC.23.1996 4:35PM BRACKETT~COOK~SMED~PA N0.317 P.8×8 Access Agreement as of the day and year first above written. SIGNED, SEALED, AND DELIVERED IN THE PRESENCE OF: THE CITY OF DELRAY BEACH By: Witness (Ty~e/Prin=) Name: N~me: Title: Witness (Type/Print) Name: Witness (Type/Print) Name: Stanley G. Tare, Tz~/stee Witness (Type/Print) Name: LAKE WORTH DRAINAGE DISTRICT By: Witness (Type/Print) Name: Name: Title: Witness (Type/Print) Name Witness (Type/Print) Naane: William H. Shed, Jr., Trustee Witness (Type/Print) Name: AURORA HOMES, INC. By: Witness (Type/Print) Name: Name: Title' Witness (Type/Print) Name: 12/23/96 MON 15:27 [TX/RX NO 7594] ~ ~D~C.~3.199~ :~ 4:34PMC:nUBRACKETT~COOK~SNED~PA ~ ....... N0.317 P.6/8 SKETCH AND LEGAL DESCRIPTION DAvis IROAD PIROI=ERT~ ConsuL~ln~ ~gine~p~ PL~nne~s.~u~veyo~s ~w ~ . ~ P. P. ~lO0 ~outevG~d oP Champions L~ NO. 00034~4 ~ ]-- 12123/96 ~ON 15:27 [TX/RX NO 7594] L£GAL I)£~r~RIP'rIQN, PARCEL I~F L~ND IN ~CTION 18. TD~N~HIP 46 ~UTH. R~NG~ 43 ~T. P~H COHH~C~ AT TH~ SOUTH~T ~ORN~ OF LOT l, ~ 'i' DF ~U~AN -- UNIT FE~ TD TH~ POINT ~F ~GINN~NG. ~M ~ P~INT ~ ~[GINNING CON~E SOUTH ~,3B ~T TO TH~ POINT Q? ~GINNING. C~TaIN~NG ~.~3B ACRES. g~E OR LESS. 1.' THIS SKil'CH ~ LE.C,~L IS ~ UPON ~ ~ M~UNM~ SHOWN H~EON ~E ~PR~ ~ ~ ~D O~l~ P~ ~OF. UNO.GROUND FOO~S. ~UN~ONS. S: ~URC~ OF INFOR~ON US~ IN PR~ON ,OT ~ ~ ~E ..... oF ~D ~L E--~ (H11'10'O2'E) SKETCH AND LEGAL DESCRIPTION DAWS ROAD PROPERTY -Consut~ing. En8lneeps~ Pi=nnecs ~ ~' ' & e. P, L9 ND, OOO34~4 ~ ~-- 12/23/96 M0N 15:27 [TX/RX NO 7594] ~ c. "~-zIh'(e City agre~ that it shall submit to its City Commission such ~pp~c~ci%rm. as required by th= City Commission to vacate any right-of-way with and to convey to Trustee the "Davis Road Property" (as hereinafter defined) te Trustee, abject to (i) a non-exclusive canal rnalntenance easement which shall be provided ad/or reserved by.the District over the easterly 24 feet of such Davis Road Prope,-ty (''District Easement"); and (ii) a non-exclusive underground utility easement which will be reserved by the City under the easterly 24. fe~ of such Davis Road Property ("City Eaaemcnt~'). The parties reco?i~'e that thc provision of this Paragraph $.¢ is merely to submit such request to the City Commission for author/zation to implement and thc City shall not bc obtilgated to convey or vacate such Davis Road Property until approved by the City Commission in accordance whh all applicaMc lgovcmmental requirements. The City does not acknowled~ that it has any right, title or interest in Davis Road,. but will consent to thc vacahon of Davis Road for purposes of clcarin~ tit. lc thereto. The City wiil in/t/ate a mad vacation sul:~ect to th= non-exclusive City Easement and District Eascmen~ and disclaim any in~erest accordin~ to l:lorida l~w and upon the vacat/on thereof; will execute and dehver ~o Trustee & quit claim deed and release any right, title and interes~ to the Trustee as required to estaMish markctal:lc record title under l:Iorid~ law in Trustee, sub~ect ~:o thc non-exclusive City l-.'asernent and District Easement. It bcin~ undemood and agreed that the local/on of the 2~ foo~ easemen~ and the language beneflttin~ the District stall be the same as tha~ certain quk-claim deed recorded in Official Records book ~'/1~, at Pa~e 44] of the Public Records of?~rn Beach County, t:lor/da, l:urther, that any abandonmen~ o£Davis Road shaft be conditioned upon and sub.icc~ to the District Easernen~ and City ~Easernent. In addifmn, i~ is the inten~ of thc part/e.~ that notwithstandin~ the abandonmen~ and deeding of the Davis Road ?ropmx'y to Trustee in no event will the City and thc D/strict l~c forced tn purchase sa/d D~vis Road Propert7 from Trustee for actions prior to this dat=~ provided, how=vet, the City and District shall lee liable to the extent provided at law or in equity ~or any damages or remedies Tastee may have with respect to thc remainder of the Tam Property. It is understood and agreed that in the even~ thc District and the City condemn and take title to thc Tale ?ropcrty pursuant to the ]udgrnent ohmS-ed by Tam in the Lawsuit, that any portion olD,vis Road Property be .conveyed back or transferred to the City and the District pux'suant to such.judgment shall be at no char~ tn the City and the District, provided th.~t the City and the District shall be liable for pursuant to such.judgment for all damagc~ or remedies available at I~w or in ~quity for the remainder of the T~te Property. d. Thc City services water and sewer serv/ce fcc thc Tale Property. Thc City represents (~) thac the water and sewer plant capacity necessary to serve the Tale Property w~th the intended knprovements thereon shall bc available when needed; and (ii) the war= ~nd sewer Lines which shall be constructed by Aurora within the Right-of-Way (to a location adjacent to the bo.undary' of thc Tale Property at a location acceptable to Tastee) shall be of sufficient ~ and capax:ity to emi:lc thc owner of the Talc Property to connect to such line and if such line ~hall be connected to thc water and sewer plane in order to provide service to thc Tale Property as and when needed. e. The City hereby agre~ thet if'the Speclficd Improvements ~re not completed by a d~tc which is one hundred fif~ (150) days agcer the conveyance of the Tam Right-of-Way MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ '1 SUBJECT: AGENDA ITEM # ~F - MEETING OF JANUARY 7, 1997 CHANGE ORDER #2 AND FINAL PAYMENT/SUNSHINE PAINTING DATE: JANUARY 3, 1997 This is before the Commission to approve deduct Change Order #2 in the amount of $31,390.64 and final payment in the amount of $39,128.39 to CEM Enterprises, Inc. dba Sunshine Painting, for filter rehabilitation and media replacement at the Water Treatment Plant. Change Order #2 Final includes as-built quantity adjustments to the contract based on actual field measured quantities. Recommend approval of Change Order #2 and final payment in the amount of $39,128.39 to Sunshine Painting, with funding from the Water Treatment Plant - Media Replacement (Account No. 442-5178- 536-61.46). Agenda Item No. ~[ AGENDA REQUEST Date: December 31, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: January 7, 1997 Description of item (who, what, where, how much): Contract Addition (C.O. #2) to CEM Enterprises, Inc. dba Sunshine Painting for the Filter Rehabilitation and Media Replacement (Project No. 94-75). Change Order #2, Final includes as-built quantity adjustments to the Contract based on actual field measured quantities. Change Order %2 is for a net deduct of $31,390.64. Request is also made for final payment to the Contractor in the amount of $39,128.39. A Contractor Evaluation is attached for review. Funding Source is 442-5178-536-61.46 WTP - Media Replacement ORDINANCE/RESOLUTION REQUIRED: YES/~ DRAF~~ Recommendation: Commission/~ ap~ve ~ng_~. ~rde~ #~, Final and D partmF~nal P~n~ten~h adt° signature'CEM Enterpr. (~i~ e~, /'~--/~~~~nc/dba.// ../~s~ ~ PaiNing. ~'~IA / 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: Y~NO Funding alternatives ~{~ (if applicable) Account No. & Description Account Balance ~.~w~ City Manager Review: ApprovedHold Until: for agenda: Received: Placed on Agenda: Action: Approved/Disapproved Memorandum o~.~ .) f f996 '2o: David T. Harden, City ~anager From: Howard Wight, Dep Dir Construction Divi~n Date: December 31, 1996 Re: Filter Rehabilitation and Media Replacement - Project 94-75 Final Closeout Change Order and Payment Request Attached for Commission approval is an agenda request for closeout Change Order #2, Final to CEM Enterprises, Inc. dba Sunshine Painting on the above referenced Project. Change Order ~2 encompasses the final plus/minus as-built quantity adjustments to the Contract. Change Order #2 is for a net deduct of $31,390.64. Also attached for Commission approval is an agenda request for final payment to the Contractor in the amount of $39,128.39. A Contractor Evaluation is attached for your review. Funding Source is 442-5178-536-61.46 WTP - Media Replacement File: Memo to City Manager 9475A :finalpay CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2, Final PROJECT NO. 94-75 DATE: PROJECT TITLE: Filter Rehabilitation & Media Replacement TO CONTRACTOR: CEM Enterprises, Inc. dba Sunshine Painting 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: Final As-built Quantity Adjustments per Schedule "A" Attached. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $230,777.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $187,265.96 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $418,042.96 COST OF CONSTRUCTION CHANGES THIS ORDER -$ 31,390.64 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $386,652.32 PER CENT DECREASE THIS CHANGE ORDER -13 % TOTAL PER CENT INCREASE TO DATE 68 % CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. CEM Enterprises, Inc. dba Sunshine Painting Funding Source: 442-5178-536-61.46 WTP - Media Replacement for -$31,390.64. DELLRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: William H. Greenwood, Director Jay Alperin, Mayor of Environmental Services ATTEST: APPROVED: By: City. Attorney City Clerk Our INVOICE SUNSHINE PAINTING NE 3806, An Enterprise of C,E.M Enterprises, Inc. 4907 Carder Rd. Umt=4 Orlando FL 32810' (407) 298-9!48 1 Date Customer's Order No. i- City of Delray Beach -I oate 200 S.W. 6th Street Invoice:- Net Cash, ~'o Delray Beach, Flodda 33444 Due upon receipt of this Invoice; Unles [ Attn: Don Haley c. ED,ThasUD~emCl~l~ withou office. Interest o"f 6% will be charged on pas L ._.a due accounts. Due: - MATERIAL & LABOR DRAW AMOUNT TOTAL W.T.P. FlEer Rehabilitation- P.O. f/542781 Delray Beach, Flodda CONTRACT AMOUNT $196,777.00 ALT. #1- $16,000.00 ALT. ~2 $18,000.00 $230,777.0q C.O.#1 $187,265.96 TOTAL $418,042.96 Amount Complete- (per breakdown)- 188,999.30 CO.(per breakdown) 197,138.40 $386,137.7O less prey. billed 347,523.93 Amt. due this invoiCe- $38,613.77r Thank You! We Appreciate Your Business! Received by MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ FROM: ~ SUBJECT: AGENDA ITEM # ~7' - MEETING OF JANUARY 7, 1997 C~GE OR~ER NO. 4 AN~ ~INAL PA~ENT/O'CO=OR ~ TAYLOR, INC. DATE: JANUARY 3, 1997 This is before the Commission to approve Change Order No. 4 in the amount of $10,184 and final payment in the amount of $28,423 to O'Connor & Taylor, Inc. for their work on the Municipal Golf Course Clubhouse addition. The project has been successfully completed, and all necessary close-out documents have been received by the City. Recommend approval of Change Order No. 4 and final payment to O'Connor & Taylor, Inc. for the Municipal Golf Course Clubhouse addition project, with funding from the Golf Course (Account No. 445-4763-572-62.10). Agenda Item No. AGENDA REQUEST Date: December 20, 1996 Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda When: January 7, 1997 Description of item (who, what, where, how much): Staff request City Commission approve Change Order ~ in the amount of $10,184 and Final Payment in the amount of $28,423 to O'Connor & Taylor, Inc. for their work on the addition to the Golf Course Clubhouse Project. Funding is available from Account # 445-4763-572-62.10., ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: St~ 'sion a . ove han_e Order ~ in th Inc. for their work on the additi __ se Pro.iect. Department head signature: ~.~i ~/~,/~_ ~/~/;,///~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (r/e~red on all items involving expenditure of funds): Funding available:(,_YE~/NO _ _ _ Funding alternative~-(if applicable): Account No. & De.~rip~tion Account Balance City Manager Review: Approved for agenda:~O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...\9318\agreq107 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jos6 Aguila, R.A. ~ Construction Manager Date: December 20, 1996 Subject: AGENDA REQUEST 01/07/97 Municipal Golf Course Clubhouse Addition Project No. 93-018 Attached is an Agenda Request for City Commission approval of Change Order number 4 (Final), in the amount of $10,184.00 and Final Payment in the amount of $28,423.00 to O'Connor & Taylor, Inc., for their work on the Golf Course Clubhouse Addition Project. The project has been successfully completed and all necessary close-out documents have been received by the City. I have attached an itemization of the Change Order items and below is a description and the work. Owner requested: (numbers are per GC attachment) 3. Due to SPRAB landscape requirements, the NC compressor was moved to the south wall of compressor enclosure .................................. $200 6. GC requested that the existing wall separating the existing from new dining area remain until later in the construction period. This allowed better use of the existing facility but required a more intensive and careful demolition procedure ....................... $1,500 7. City requested the relocation of the existing ice machine to allow for future upgrades ............................................................................... $465 8. The Golf Course management requested more flexibility in the use of the sound system requiring additional equipment ...................... $967 9. The City requested that an area within the new storage area be provided with a Iockable chain-link enclosure ........................................... $830 10. After the bid was received, the City added a carpet border along the perimeter of the room ..................................................................... $150 12. Sometime after the first phase of the project was completed, some of the roof tiles were damaged. This cost is for repair ...................... $1,200 13. The City requested that a side counter be added by the pass-thru window in the bar for condiments and other needs ........................................ $197 Sub-total City requested items $5,509 Architect omissions: 1. The code requires handrails on both sides of new stairs and the plans called for only one ................................................................... $400 2. At time of bid, the architect had not indicated the requirement for a paved access drive to the new loading dock ............................................ $2,200 4. The architect failed to provide for the requirement for hurricane protection on the new bay window .............................................................. $1,000 5. The plans did not indicate for the extension of existing rain water leaders to be extended due to new construction ......................................... $1,100 Sub-total Architect omission items $4,700 Field code adjustments: 11. At time of Final Inspection, the Fire Inspector required some adjustments of smoke detectors, exit signs and other wiring ......................... $250 Sub-total field adjustment items $250 Total additions $10,459 Miscellaneous credits ($275) Total cost for Change Order #4, Final $10,184 I have also attached a copy of the General Contractors Past Performance Evaluation form for your review. The Evaluation gives O'Connor and Taylor an excellent rating in their performance for this project. Funding for the Change Order and Final Payment is available from the Golf Course Account No. 445-4763-572-62.10. cc: Dan Beatty 01/07/97 Agenda file Project File 93-18 (A) esd\9318\agmem107 O'CONNOR & TAYLOR, INC. General Contracting · Construction Management December ! 6, 1996 Mi'. Jose Aguila City of Delray Beach 434 S. Swinton Avenue Defray Beach, Florida 33444 Re: Defray Beach Golf Clubhouse Expansion Changes to Contract" Dear Jose: Here is an itemized list of extras and credits: I. Added handrail at loading dock stairs: $400.00 2. Asphalt paving at loading dock: 2,200.00 3. Move A/C compressor to south wall of enclosure: 200.00 4. Hurricane shutters for bay windows: 1,000.00 5. Extend existing rain leaders to loading dock area: 1,100.00 6. Remove wall after roof on: 1,500.00 7. All plumbing, electric and french drain for new ice machine location: 465.00 8. Sound system modification: 967.00 9. Fence enclosure: 830.00 !0. Carpet borders: 150.00 I I. Electrical extras per Fire Marshall's inspection: 250.00 12. Repair of existing roof tile: 1,200.00 { 3. Added counter top at pass-thru window: 197.00 Subtotal:. $10,459.00 14. Cut hole for window relocation & reinstall window: ($225.00) 15. VCT in 204, no carpet: (50.00) Subtotal: ($275.90) ($ 275.00) Total: $10,184.00 Any questions, please feel free to contact me. Sincerely. 194/Owner/extras 3892 Prospect Avenue, Suite 7 · West Palm Beach, FL 33404 · (561) 863-7349 · Fax (561) 863-3674 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. Four (4) Final PROJECT NO. 93-018 DATE: December 20, 1996 PROJECT TITLE: Municipal Golf Course Clubhouse Addition TO CONTRACTOR: O'Connor and Taylor, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Final project reconciliation of authorized extras and credits for project close-out. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $1,574,225.~)0 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 396,377.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,970,602.00. COST OF CONSTRUCTION CHANGES THIS ORDER $ 10,184.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,980,786.00 PER CENT INCREASE THIS CHANGE ORDER 0.65 % TOTAL PER CENT INCREASE TO DATE 25.83 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE __0 CALENDAR DAYS TO Nov. 3. 1996 date 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. CONTRACTOR ARCHITECT date (sign & seal) (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 445-4763-572-62.10 DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: ENGINEER/DIRECTOR MAYOR ATTEST: APPROVED: By: CITY ATTORNEY CITY CLERK s:\...\9318\co4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER # REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JANUARY 3, 1997 Attached is the Report of Appealable Land Use Items for the period December 9, 1996 through January 3, 1997. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of appealable actions for the period stated; receive and file the report as appropriate. TO: DAVID T. HARDEN, CITY MANAGER THRU: MING I DEPARTMENT OF PLANNtNG AI~iD ZONING ~J4t~ U FROM: /~IASMIN ALLEN, PLANNER SUBJECT: MEETING OF JANUARY 7, 1997 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS DECEMBER 9, 1996 THRU JANUARY 3, 1997 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of December 9, 1996 through January 3, 1997. This is the method of informing the City Commission of 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 City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. City Commission Documentation Appealable Items Meeting of January 7, 1997 Page 2 A. Initiated on a 5 to 1 vote (McCarthy dissenting), an amendment to the. Land Development Regulations to allow "motor scooter rentals" in the CBD (Central Business District). The following items which were considered by the Board will be forwarded to the City Commission for final action. · Approved (6 to 0) with conditions, the preliminary plat and certified the final plat as being consistent with the preliminary plat for Via Marina, a proposed 8 unit townhouse development, located on the west side of Venetian Drive between Bay Street and Nassau Street. · Continued on a 6 to 0 vote, a request for conditional use approval to allow the installation of a 150' high communication tower at Pine Grove Elementary School, located at the southwest corner of S.W. 10th Street and S.W. 4th Avenue. · Recommended approval (6 to 0), of a rezoning request from AC (Automotive Commercial) to GC (General Commercial) for a parcel of land located at the northwest corner of S.E. 5th Avenue (Southbound Federal Highway)and S.E. 10th Street. · Recommended approval (6 to 0), of a rezoning request from GC (General Commercial) to AC (Automotive Commercial) for a parcel of land located on the east side of North Federal Highway, immediately north of the Borton Volvo Dealership. 1. Approved (5 to 0), the exterior building colors for the Dialysis Center of Delray, a proposed 7,315 sq. ft. medical building to be located on the north side of West Atlantic Avenue, immediately east of the First Encounter Condo. The site plan was previously approved by the Board. City Commission Documentation Appealable Items Meeting of January 7, 1997 Page 3 2. Approved (5 to 0), a request to change the architectural elevations (awnings addition) for the '182 Building, an existing interior design building located on the west side of N.E. 5th Avenue, between N.E. 1st Street and N.E. 2nd Street. 3. Approved (4 to 1, Andrews dissenting), a request to change the architectural elevations (awning addition) for Angel Street Antiques, an existing commercial building located at the northwest corner of North Federal Highway and N.E. 14th Street. 4. Approved (5 to 0) with conditions, a request to change the architectural elevations (awning addition) for Pizzazz Cafe, located on the north side of George Bush Boulevard, between N.E. 9th Avenue and Palm Trail. 5. Approved (5 to 0) with conditions, the site plan for Villas D'Este, a proposed 191 unit multiple family rental development. The landscape plan and architectural elevation plan were approved by the Board at its December 4th meeting. 6. Denied (5 to 0), a minor site plan modification, landscape plan and architectural elevation plan in conjunction with the installation of modular buildings for Head Start, a child care facility located within the Catherine Strong campus on S.W. 6th Street. The Board cited concerns with respect to the inadequate landscaping, no provision for irrigation and that the architectural elevations of the proposed modular units were very plain. 7. Approved (5 to 0) with conditions, the site plan, landscape plan and architectural elevation plan for Via Marina, a proposed 8 unit townhouse development, located on the west side of Venetian Drive, between Bay Street and Nassau Street. Cohcurrently, the Board approved the requests for relief, namely; · a reduction of 4 parking spaces in that 32 parking spaces are available utilizing tandem parking arrangement; · a reduction to the side yard pool setback from 10 feet to 3 feet; and, City Commission Documentation Appealable Items Meeting of January 7, 1997 Page 4 · an increase in the townhouse length from 200' to 220'. 8. Approved (4 to 0, Carter stepped down) with conditions, the site plan, landscape plan and architectural elevation plan in conjunction with the construction of a 22,949 sq. ft. structure to house a 500 seat sanctuary for Full Gospel Assembly Church. The subject site is located at the southwest corner of S.W. 10th Street and Swinton Avenue. Concurrently, the Board waived the requirement to install a sidewalk along the north side of Reigle Avenue (there is an existing sidewalk along the south side). 9. Approved (5 to 0) with conditions, a minor site plan modification and architectural elevation plan associated with a 6,040 sq. ft. second floor addition at Seacrest Christian School, located at the southeast corner of Gulf Stream Boulevard and Seacrest Boulevard. 10. Approved (5 to 0), the landscape plan in conjunction with the renovation of an existing building to a coin operated laundry facility for Delray Coin Laundry, located at the southeast corner of S.E. 10th Street and Miami Boulevard. The site plan and architectural elevation plan were previously approved. 11. Approved 4 to 1 (Pakradooni dissenting), modifications to the previously approved murals at ABC Carpets, located on the east side of Congress Avenue, south of Atlantic Avenue. 12. Approved (4 to 0, Andrews left the meeting) with conditions, the site plan, landscape plan and architectural elevation plan for Water's Edge, a 148 unit apartment complex to be located on the west side of Congress Avenue, south of Lake Ida Road. Concurrently, the Board approved an internal adjustment to eliminate the perimeter loop road at the south side of Building #3 in order to provide a more superior site layout. X. Approved (6 to 0) with conditions, a request for a Certificate of Appropriateness, site plan, landscape plan and architectural elevation plan associated with the demolition of two existing City Commission Documentation Appealable Items Meeting of January 7, 1997 Page 5 structures and construction of a 2,832 sq. ft. structure for the Check Cashing Store, located at the southeast corner of West Atlantic Avenue and S.W. 1st Avenue. Concurrently, the Board approved a waiver reducing the required right-of-way width from 60' to 50' for S.W. 1st Avenue, thus waiving the requirement for this property to dedicate 5 additional feet. Other Items · The Board reviewed the. designation report for the West Settlers Historic District and set January 22, 1997, for the public hearing for designating the district to the Local Register of Historic Places. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CITY COMMISSION MEETING OF JANUARY 7, 1997 L-30 CANAL LAKE IDA ROAD NW SW ~ ~.~ ATLANTIC AVENUE LOWSON BOULEVARD O UNTON BOULEVARD L-38 CANAL C-15 CANAL c,Ty ,,M,TS S.P.R.A.B. H.P.B.: 1. - DIALYSIS CENTER OF DELRAY X. - THE CHECK CASHING STORE 2. - 182 BUILDING i MILE I 3. -- ANGEL STREET ANTIQUES I I 4. - PIZZAZZ CAFE SCALE 5. -- VILLAS D'ESTE 6. - HEAD START N 7. - VIA MARINA 8. - FULL GOSPEL ASSEMBLY OF GOD ~ 9. - SEACREST CHRISTIAN SCHOOL 10. - DELRAY COIN LAUNDRY CITY OF DELRAY BEACH, FL PLANNING DEPARTMENT 1 1. -- ABC CARPETS -- o/~/~'~ BASE ~ 5')'S~'£,U -- 12, - WATER'S EDGE MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~"~ SUBJECT: AGENDA ITEM # ~.L - MEETING OF JANUARY 7, 1997 AWARD OF BIDS AND CONTRACTS DATE: JANUARY 3, 1997 This is before the Commission to approve the award of the follow- ing bid: 1. Bid award at an estimated annual premium of $100,777.95 to MetLife Group Insurance Company for City Employees' Group Life and Accidental Death and Disability Insurance, with funding from multiple departmental accounts. 2. Bid award in the amount of $67,000 to Almazan Brothers Trucking, Inc. for sidewalk improvements at various locations throughout the City, in the amount of $67,000 from 118-1965-554-63.11. Agenda Item No.: ~/' AGENDA REQUEST Date: '3anuary 03, 1997 Request to be placed on:, X ~ Agenda Special Agenda Workshop Agenda When: 3anuary 07, 1997 Description of agenda item (who, what, where', how much): Award- Request For Proposals for Group Life AD&D Insurance Proposal to MetLife Group Insurance Company' at an estimated annual premium of $100,777.95. Proposal for for City Employees Life Insurance. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to MetLife Group Insurance Company for Group Life AD&D Insurance for City Employees~ at an estimated annual premium of $100,777.95 City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ NO Funding alternatives: F6V%a';Fb~- ~C_~N~7~ (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~/ NO ~A~ Hold Until: Agenda Coordinator Review: Rec e ived: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn~~rchasing Supervisor ~ THROUGH: Joseph Saffo~nance Director DATE: January 03, 1997 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING JANUARY 07, 1997 - AWARD - GROUP LIFE / AD&D INSURD2~CE PROPOSAL Item Before Commission: The City Commission is requested to award to low bidder, MetLife Group Insurance Company, for the Group Life / AD&D Insurance Proposal for City Employees at an estimated annual premium of $100.777.95. Background: Request For Proposals were received on December 20, 1996, from seven (7) vendors, all in accordance with City Purchasin~ Policies. Documentation on file in the Finance Office. A tabulation of bids is attached for your review. The Director of Finance has reviewed the bids, and recommends award to MetLife Group Insurance Company, per attached breakdown showing a annual savings of $17,189.55 for the City of Delray Beach. Recommendation: Staff recommends award to MetLife Group Insurance Company, at an estimated annual premium of $100,777.95. Attachments: Tabulation of Bids MetLife Group Insurance Proposal Breakdown Group Insurance Proposal SURANCE PROPOSAL FOR LRA¥ BEACH Prepared by David M. Quinlan Tampa, FL December 1996 Basic Life / AD&D Cost and Benefit Summary for City of Delray Beach Quote No: 1 , Ef~cti~ Date of Coverage: 02/01/97 Plan Code: 1 ]g~ig~,~l~iity: City Manager, Asst. City Manager, City Attorney, & Department Heads ~U ~n~r ~f Employees: ! 8 E~Pl~r ~ontrib~tion? ,¢~' 100% . .. :. $80,000 Medical '? $80,000 Plan :: $80,000 Disability ~' ' =~ ~' I~ov~long /'~o~inued Protection Reduction Formula: ... ~ -~ 650./0 '70,; 1[0 50% A~cel~at~ B~e f'l~'Oli~ion: Yes Basic Life AD&D Rate per $1,000: $0.25 $0.049 Estimated Volume: $1,400,000 $ ! ,400,000 Estimated Monthly Premium: $350.00 $68.60 Estimated Annual Premium: $4,200.00 $823.20 Rate Guarantee Period: Three Years Date Quote Released: 12/11/96 This information is part of the MetLife Group Insurance Proposal (1.06) Coverage Specific Assumptions - Basic Life and AD&D Quote No: 1 City of Delray Beach Plan Code: 1 1. This quote assumes a basic life disability provision of:Continued Protection/Waiver of Premium. Employee must be actively at work for coverage to commence under the MetLife policy. MetLife will NOT provide coverage for any employee not actively at work on the contract effective date. Me~Life~il!,~f6t a~Sume liability for individuals who became disabled under the disability provision of : a~Ypr~ ca~'ier,~' ,~,)i . ,~!' ,s'~ , ~ . . :~. ~g~vldua!~re ~.q~est~ng coverage ~n excess of the Medical Evidence of InsurabiliW Level stated on the /' q~at~ p~e, ~hst~rovide medical evidence of insurability using Metlife's standard Statement ~ H~th ~rm~(G 1 !~21- S). "L~ E~oll~ ~t ~a~ pr~id~e~al~vidence of insurabiliW using Metlife's standard ~ate~ent of ~alt~or~ (~4~-S : Emeace of Ins~hbl~ r~ir~e~ ~ b~aived for current plan pa~icipants at their cu~ent coverage ~o~t; subse~en~eq~t~in~a~:~ ~:~s medical evidence. ~L,fe s standard 2 year con~stam~la~ w,n apply as pe~,,ed by law. 3. The following Metlife ~v~on~re~clufl~d as standard in this quote where petal,ed by law: Accelerated Benefit ~pti~ (~kx~d ~ad), Total Control Account. 4. Basic AD&D ~nc~s at,~etir~e~. 5. This plan assumes a~Co~red::lnd~id~ls a Minimum Face Amount of Insurance of: Unknown. This information is part of the MetLife Group Insurance Proposal (1.06) IMPORTANT INFORMATION ABOUT THIS PROPOSAL City of Delray Beach Quote No: 1 1. This proposal is based upon information provided by the customer and/or broker and is subject to final verification. This quote assumes coverage will be written in accordance with standard MetLife contractual provisions and administrative requirements, EVEN WHERE THESE DIFFER FROM THE CURRENT PLAN. Complete details of MetLife practices are available upon request. · 2. OuoJ~'R~as;~)ate: 12/12/96 :; T~ qu~e i~'~ff~tive for 90 days from this Quote Release Date. ~ ~3 ~;T e !tiws~6f t,..~ stye of FLORIDA will be used to develop contractual materials. 4~ I~i~e guar ~.a~ee,hotwithstanding, ,,we r~erve the right to withdraw this proposal or modify our rates at any : -(a) An3f~0en~it p~an ~/'sig~ ar~'ch~i~ged, or ' , (b) Any cg~titri~t~tiolf~iext~s,~a~clt~g~, or .~ {¢) The ~ur~ g~':hp gmp~yee~ oCependents) or insured volume changes by +/- 10% or more, or ~ f(d) MetLif~{s nd aw~';ded a!~0v~hg~ included in this proposal, or · : (e) Required minimum~a,~p~n ~el? are not met. 5. Unless reqmred b~re~atk~ ~e~sted othe~lse by the customer and specifically a~eed to by MetLik, renewal notific~on ~ill ~ pr~ided 60 days in advance of each renewal date. 6. This. q.uote assure ~ th~ea~, ~* m~th'.~p ~ re~9~'iu will be p aid within 15 day s of the due date . Failure to pya within the contr~tu~gra~ p~od ~ill ~su~n ?ruination of all coverage. 7. MetL~k wall provffie ~SlS~Ce.~ t~' m~lla~on of the program. We will also prowde an admm~stratwe manual, including standard for~s, ~esc~in~t~e~rocedures expected of the customer in the operation of the plan. These fores and procedures mu~ be ~se~nless specifically agreed to in advance by MetLife. This information is part of the MetLife Group Insurance Proposal (1.06) Basic Life / AD&D Cost and Benefit Summary for City of Delray Beach Quote No: 1 Ef~cti~ Date of Coverage: 02/01/97 ..... ~ Plan Code: 2 ~]~ig'~'iity: Asst. Dept. Heads, Division, Heads, Fire Battalion ~ Chiefs, & Policy Lieutenants lllrun~er lift Employees: 65 E~plq~e r ontribution;~.~ ': 100% ~-~ ~' $60,000 ~'AD~D lgi~Up-l~ate~la~ Medical I~ce~Lev~ $60,000 Plan x , _ $60,000 Disabili¢ 1~ vigioar ~' /~2o~inued Protection Reduction Formula: g5 -g9 65% 70- 110 50% Accel~at~: Bgtlef'!~ Oll~ion: Yes Basic Life AD&D Rate per $1,000: $0.25 $0.049 Estimated Volume: $3,900,000 $3,900,000 Estimated Monthly Premium: $975.00 $191.10 Estimated Annual Premium: $11,700.00 $2,293.20 Rate Guarantee Period: Three Years Date Quote Released: 12/11/96 This information is part of the MetLife Group Insurance Proposal (1.06) Coverage Specific Assumptions - Basic Life and AD&D Quote No: 1 City of Delray Beach Plan Code: 2 1. This quote assumes a basic life disability provision of:Continued Protection/Waiver of Premium. Employee must be actively at work for coverage to commence under the MetLife policy. MetLife will NOT provide coverage for any employee not actively at work on the contract effective date. MetLife,~ill Bt a~ume liability for individuals who became disabled under the disability provision of any~riOf ca~ier., ~21 I~iivict~a!$~eq~sting coverage in excess of the Medical Evidence of InsurabiliW Level stated on the q~at~ p~e, ~stprovide medical evidence of insurability using Metlife's standard Statement 4fHe~h ~ ~G1 ~2 l-S). L~ E~oll~s ~st ~a~ pr~id~e~cal~vidence of insurabili~ using Metlife's standard ~hte~ent of ~ltl~o~(G~4~t~),¥' :;~ Ev~ence of Ins~bl~ r~ir~e~ w~i be*~aived for cu~ent plan pa~icipants at their cu~ent coverage ~o~; subse~enVffeq~ste[in~ase~ w~ require medical evidence. MaLife's standard 2 year con~esta~}W~a~will apply as pertained by law. 3. The following MetD~fe ~bv~on~mre~cl~ed as standard m th~s quote where pemiued by law: Accelerated Benefit ~ti~ (~ck-~d ~ad), Total Control Account. 4. Basic AD&D ~nc~ at fetir~e~. 5. This plan assu~ al!,Co~re6lnd~id~S ~e a Minimum Face Amount of Insurance oe Unknown. This information is part of the MetLife Group Insurance Proposal (1.06) Basic Life / AD&D Cost and Benefit Summary for City of Delray Beach Quote No: 1 E~cti~e Date of Coverage: 02/01/97 Plan Code: 3 i~ig~iity: Annual Salary of $25,001 or more ~.er ~/f Employees: 485 E~Pi ~, 100% Pla f ~ ~ $40,000 Medical ~¢i~c~ev~: $40,000 Plan mx~u~~ ,. $49,000 Disabili~ ~ov~°m: ~' rCo~inued Protection Reduction Formula: :' ~: .~s -~9 65% ~ ~? ?" 7¢:'[ 110 50% A~:el Yes Basic Life AD&D Rate per $1,000: $0.25 $0.049 Estimated Volume: $19,330,000 $19,330,000 Estimated Monthly Premium: $4,832.50 $947.17 Estimated Annual Premium: $57,990.00 $11,366.04 Rate Guarantee Period: Three Years Date Quote Released: 12/11/96 This information is part of the MetLife Group Insurance Proposal (1.06) Coverage Specific Assumptions - Basic Life and AD&D Quote No: 1 City of Delray Beach Plan Code: 3 1. This quote assumes a basic life disability provision of:Continued Protection/Waiver of Premium. Employee must be actively at work for coverage to commence under the MetLife policy. MetLife will NOT provide coverage for any employee not actively at work on the contract effective date. Me..t,Life,~illj_'bt ~ume liability for individuals who became disabled under the disability provision of a~lr pri~ c~ier¢~ ~. ~d~vldua~re~esting coverage in excess of the Medical Evidence of Insurability Level stated on the q~at~ p~e, ~us~rovide medical evidence of insurabili~ using Metlife's standard Statement ~H~th g~Gl~) 1-S). L~ E~oll~s ~st ~a~ pr~i~me~ca~vidence of insurability using Metlife's standard ~at~'ent of ~al[~o~ (~ 4~- Se? E~dence of Ins~ab~ r~mr~'~ w~ b~a,ved for current plan pa.,cipants at the,r current coverage ~o~t; subse~e~eq~stdin~as~ ~ re~uire medical ~videnc~. M~iLife's standard 2 year will apply as pemiRed by law. . . *7' . .v' ~5 ~r - . 3. The following Met~ife~ov~io~are~clu~ed as standard in this quote where permi~ed by law: Accelerated Benefit OPti~ (~ckT~d ~ad), Total Control Account. 4. Basic AD&D 5. This plan assu~S a~Co~re~{nd~id~s ~e ~ Minimum Face Amount of Insurance off Unknown. This information is part of the MetLife Group Insurance Proposal (1.06) Basic Life / AD&D Cost and Benefit Summary for City of Delray Beach Quote No: 1 Ef~tecti.~e Date of Coverage: 02/01/97 Plan Code: 4 : Annual Salary of $25,000 or less !~ ~l~r $ff Employees: 139 E ~'~ 100% Pla ~' ~, $25,000 Medical gvi~ce~,tev~ -~ $:S,000 Plan ~hx~u~ . $2~,000 Disabili~ ~ov~on: /~ .?~o~inued Protection Reduction Formula: ~a~ Life -~$9 65% .... · ~ 7¢~ 110 50% Yes Basic Life AD&D Rate per $1,000: $0.25 $0.049 Estimated Volume: $3,457,500 $3,457,500 Estimated Monthly Premium: $864.38 $169.42 Estimated Annual Premium: $10,372.50 $2,033.01 Rate Guarantee Period: Three Years Date Quote Released: 12/11/96 This information is part of the MetLife Group Insurance Proposal (1.06) Coverage Specific Assumptions - Basic Life and AD&D Quote No: 1 City of Delray Beach Plan Code: 4 1. This quote assumes a basic life disability provision of:Continued Protection/Waiver of Premium. Employee must be actively at work for coverage to commence under the MetLife policy. MetLife will NOT provide coverage for any employee not actively at work on the contract effective date. MetJ~ife ~ill t~t ~a~ume liability for individuals who became disabled under the disability provision of a~"pri~ c ier ~Y~' .~ a~ieJ ~,~ ~'. ~ivjdua~re~sting coverage in excess of the Medical Evidence of Insurab~li~ Level stated on the q~at(~ p~;, ~st~rovide medical evidence of insurabiliW using Metlife's standard Statement L~ E~oll~s ~st ~a~ pr~id~e~al~vidence of insurabiliW using Metlife's standard Eme~e of Ins~ab!~ r~Uir~e¢: w~ b~aived for current plan pagicipants at their current coverage ~om; subse~en~d%~ste~in~a~? w~ re~uire medical evidence. ~Life s standard 2 year con[~sta~i~:gla~ will apply as pemiUed by law. 3. The following Metlife ~0v~;n~re~cl~ed as standard in this quote where peri,ed by law: Accelerated Benefit O~ti~ (~ckr~d ~ad), Total Control Account. 4. Basic AD&D ~nc~ at~ti~?. ..~ . 5. This plan assum~ ~e g Minimum Face Amount of Insurance of: Unknown. This information is part of thc MetLife Group Insurance Proposal (i.06) Voluntary AD&D Cost and Benefit Summary for City of Delray Beach Quote No: 1 ,Date of Coverage: 02/01/97 Plan Code: 1 Employees: 541 0,000 Increments Following Pages For Highlights Plan Maximum: ~' Rate per ~ ~,..~ Employee Only Family Protection Plus '~ ? $0.089 Rate DateQ Exclusions ?,~ losses due to, or caused by, physical or mental except infection caused by an external visible war, or war-like action in time of peace; any accident occurring full-time active duty in the Armed Forces of any country or the U.S. National Guard (any premium paid to be returned by the of full-time duty); suicide, attempted suicide or while sane or insane; the use of any drug, unless used on the practitioner, any poison or gas, voluntarily taken, administered or to commit an assault or felony; travel or flight in designed for use beyond the earth's atmosphere; travel or flight in any authority other than the MAC (Military Airlift Command) or fiimilar of another country; parachuting, except for self-preservation; travel or flight in the course of taking flying lessons. Benefits typically are not payable for losses caused by or resulting from travel or flight while serving as the pilot or crew of any aircraft which is owned or leased by or on behalf of the employer, any subsidiary, or affiliate of the employer. This information is part of the MetLife Group Insurance Proposal (1.06) Voluntary AD&D (cont'd) If injuries result in death or dismemberment within one year after the date of the covered accident, the plan provides the following benefits: For Loss off Life ~:: >; Principal Amount ,~w~or p~lore Members Principal Amount q~e :~em~fr 50% Principal Amount .~q~h~b ~d ~dex Finger of 25% Principal Amount : theS~mejCiand Spee~'h ~ Principal Amount Speech;~ : 50% Principal Amount 50% Principal Amount ? :.~ Amount Paraplegfa 50% Principal Amount Hemiplegia ~" ,:$0% Principal Amount Principal Ag/~u~m~s~; amount of Accidental Death and Dismemberment Benefits for which an employ& ist~ov/~ed~t t~g~ ti!~e o~$ th%accident. The amount payable for all losses due to any one accident ig'l Q$'O/o ~- t[~Urj~ci~ Athount. " ember" me ns fo, , o/si t iCn eye. With regard to hand or foot, severance through or above the wrists or ankle joints. With re means entire and irrevocable loss of sight or hearing which has months following the injury. f both upper and lower limbs. ~sis of both lower limbs. ~sis of both upper and lower limbs on one side of the body. ~' ~ A pefso more than once under the VAD&D plan. Ifa person is covered as an :overed as a spouse or dependent. If an employee and spouse are their eligible dependents may be insured as dependents of one ~ The amount for loss of life is payable to the beneficiary named by the employee. The amount for loss of limb(s), eyesight, hearing, and/or paralysis is payable to the insured employee. The loss must occur within 365 days after the date of the accident and be a direct result of such injury, independent of all other causes. This information is part of the MetLife Group Insurance Proposal (1.06) Voluntary AD&D (cont'd) Plan Highlights - Family Protection Plus · Coverage Options · Spouse Coverage Only - 50% of employee's Principal Amount. · Spouse and Child Coverage - 40% of employee's Principal Amount for the Spouse with each ~ ~ .,? ~.' Child covered for 10% of employee's Principal Amount. ..~ ~ouse covered, Each ChiM Coverage - 15% of the employee's Principal Amount. ~Co,,~mg~Dj~astgr Benefit - Under this provision, the spouse percentage of the employee's Principal ~ount w~ b~ncreased to 100% of the employee's Principal Amount, ff the employee and spouse d~e ~ithin o~ye~ as~ result of bo~ly ~uries sustained in the same accident or separate accidents / o~in~ ~in~e ~me ~4-~ur'~o~. actual costs incurred, or 3% of Principal Amount, ~ to a maxim~ of g5,000 per is less, per child, for eligible dependents to aRend child care. To be eligible, 12 years of age or younger on the date of the accident and enrolled in a child of the accident. The benefit is payable for four consecutive reffiains in day care and is 12 years or younger. If there are no dependent chil, date of the employee's death, MetLife will pay an additional $1,000 to the 8am A child care center means a hciliW which is operated ~d licensed according ro~desFare~nd supe~ision for children in a group seRing on a regular, · ChiMEducatiom'~e~fit of the Principal Amount, to a maximum of $5,000 per year on behalf of any the date of the accident, was enrolled as a ~11 time student in any institution of hi the 12th grade level, or was at the 12th grade level and subsequently institution of higher learning within 365 days of the accident. The of four consecutive annual payments, but on~ if~e de ~cation. lfat the time of the accident there are no ~e~ents who qu; benefit of $1,000 to the designated beneficial. An ~tit~ion ofh~ ~eans an accredited college, universiW, or vocational school. · ,tlosj~ftal~ti~.~,' Benefi~f .M~'~nthly Benefit of 1% of the Principal Amount, subject to a four-day ~ '~w~inge~eri~d a~d a l~i~x~6ur~.of $2,500 per month, for up to 12 months, during the period of .ht~spilliliz~.aldondCPro-~at,,gt~6~z~ents will be made for payments of less than a full month. This pays in ~iddition 1i5 arl$ otl~r b~ef'li~ frgm this plan or any other coverages that the insured might have. · Spouse Educatf°n ~'en~qflt- ,One2time benefit of the actual costs incurred by the surviving spouse for enrolling, in-;6ny ~iccredited school for the purpose of retraining or refreshing skills needed for employment, or $5,000, whichever is less. In order to be eligible for this benefit, the spouse must be enrolled in an accredited school at the time of the insured employee's accidental death. Cancellation/Termination: Coverage is provided under a group insurance policy (Policy Form G.2130-S) issued by MetLife. Coverage terminates when the employee's employment ceases, when their VADD contributions cease if such contributions are required, or upon termination of the group contract by the Policyholder upon prior written notice to MetLife. The group policy may be discontinued by MetLife for non-payment of premium, or if participation requirements are not met. This information is part of the MetLife Group Insurance Proposal (1.06) Coverage Specific Requirements - VADD Quote No: 1 Plan Code: 1 City of Delray Beach 1. This quote assumes a minimum annual VADD premium of $2,000. 2. Annual open enrollments are permitted for VADD. is available for VADD. 3. No cancels when employee coverage cancels. residing in the US and Canada are eligible for coverage. : as standard in this quote where allowed by law: Total ~ d r? ' i. provisions a nclude . ::- / : -- ~ ~:. : This information is part of the MetLife Group Insurance Proposal (I.06) Agenda Item No. 0~ ~ AGE~A REQUEST Date:Dece~er 10,1996 Request to be placed on: X Re~lar ~enda __ Special ~enda __ Workshop ~enda When:January 7, 1997 Description of item (who, what, where, how much) :Sidewalk Improvements Project 96-11. The work generally consists of the const~ction of 21,625 s~are feet (approximately 4300 linear feet) of concrete sidewalk along the following streets: SW 10th Ave., SW 8th St., SW 15th Ave., SW 7th Ave., Md ~ 5th Ave. In addition, the sidewalk project consists of clearing Md grubbing the area between the existing e~e of pavement md the proposed sidewalk, approximately 6000 square yards of swale grading sodding. O~IN~CE/RESOL~ION ~QUIRED: YES~DRAFTATTACHEDYES~ Recommendation: Staff reco~end~award of Sid~provements Project $67,000.0096-11 to Almazan Bros. Truck~~ ~ in the amo~t ofh d Department ea si~ature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approvedforagenda:Y~NO~)/~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER FROM: C. DANVERS BEA'ITY, P.E. -~-~'~ DATE: December 11, 1996 SUBJECT: Sidewalk Improvements Project No. 96-11 Enclosed is an Agenda Request and the bid tabulation for the reguar Commission meeting on January 7, 1996, requestiong award of the construction contaract for the referenced project to Almazan Bros. Trucking, Inc.. They are the lowest responsible, responsive bidder and the proposed contract amount is $67,000.00. The work generally consists of the construction of 21,625 square feet (approximately 4300 linear feet) of concrete sidewalk along the following streets: SW 10th Ave., SW 8th St., SW 15th Ave., SW 7th Ave., and NW 5th Ave. In addition, the sidewalk project also consists of clearing and grubbing the area between the existing edge of pavement and the proposed sidewalk, approximately 6000 square yards of swale grading and sodding. The funding sources for this project is from account no. 118-1965-554-63.11. Please place this item on the agenda for commission approval. Attachment cc: Richard Hasko, P.E., Assistant City Engineer Joseph Saff'ord, Finance Dir~tor Lula Butler, Director of Community Improvement File: Project No. 96-11(A) ADG-MEMO.DOC SIOI~W.kLIC KEY MAP TO: ~YOR MD C~TY~CO~ISSIONERS ~~q q~ FROM: CITY ~AGER ~ I S~JECT: AGE~A ITEM ~ ~ · - MEETING OF J~Y 7, 1997 APPE~ OF SITE P~ REVIEW MD APPE~CE BO~D ACTION (KWIK STOP CO~EN!ENCE STORE/~RO~T) DATE: J~Y 3, 1997 This is before the Commission to consider an appeal of the Site Plan Review and Appearance Board approval of the site plan, landscape plan and architectural elevation for Kwik Stop Market, a proposed convenience store and laundromat to be located on a 0.36 acre parcel at the northeast corner of N.E. 14th Street and Dixie Highway. The proposal consists of a 2,856 sq.ft, struc- ture, including landscaping, a 13-space parking lot with two entrance drives and the reservation of a ten foot strip of land along the west property line for future widening of Old Dixie Highway. The proposed hours of operation are daily from 6:00 a.m. to 10:00 p.m. On November 20, 1996 SPRAB, after lengthy testimony both supporting and opposing the request, voted 7-0 to approve the site plan based on positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(G) (5) of the Land Development Regulations and policies of the Comprehensive Plan. On December 3, 1996 the SPRAB action was appealed by the Commission. The stated reason for the appeal was to afford the Police Department additional time to review the proposal with regard to safety concerns. Officer Geoffrey Williams has indicated that virtually all of the department's concerns have been addressed. Although it is not required for stores closed between 11:00 p.m. and 5:00 a.m., Officer Williams has suggested that the owner voluntarily comply with the State of Florida Convenience Business Security Act which requires that certain safety measures such as a drop safe, security cameras, and uncluttered windows be implemented. The owner has indicated that he will be using cameras and a drop safe, and that the lighting plan is consistent with the standards called for in the act. Recommend Commission discretion. TO: DAVID T. HARDEN, Cl~ MANAGER ~ FROM: DIANE DOMINGUEZ, P~NNING AND ZONING DIRECTOR ~&~ SUBJECT: M N EETING OF JA UARY 7, 1997 APPEAL OF THE SITE P~N REVIEW AND APP~NCE BOARD'S APPROVAL OF THE SITE P~N FOR ~IK STOP MARKET, A CONVENIENCE STORE/~UNDROMAT The action before the Oity Gomm~ssion is that of consideration of an a~peal of th~ plan approval granted by the 8ire Plan Review and A~p~aranc~ Board (SP~B) ~or the Kwik 8to~ Market, a oonwnJence store/laundromat. The subject pro~ ~s located at the no,beast corner of Dixie Highway and N.E. 14th Street and contains approximately 0.38 acres. The appeal ~s be~n~ processed ~ursuant to LDR S~cfion 2.4,7(E) ~al~. In September of 1~8, the Planning and ZonJn~ Debarment received a ~relim~na~ sketch ~lan for the Kwik 8top Market and Laundromat. As ~n~fially proposed, the orientation of the bu~ld~n~ was toward Federai H~hway w~th ~ts back to Dixie Highway and its sid~ ~l~vation along N.E. 14th 8tre~t. The prope~ do~s not haw ~rontage on Federal Highway. The ~lans w~re routed to members of the T~chn~cal Adviso~ Gommi~ee (TAG), which consists of staff members from various Gi~ depa~ments, ~ncludJng P°lJoe. The Police Debarment re~resentafiws reviewed the ~lan and provided e~n~ive recommendations ~ot providing a safer site layout. Both the Police and Planning Depa~ments suggested that the building be reoriented so lhat th~ front would face N.E. 14th 8tre~t. At its m~efin~ of October ~, 1~8, the S~t~ Plan and A~earance Board (SP~B) reviewed the sketch plan on a prel~mina~ basis and concurred with sta~s recommendations. Shortly thereafter the applicant submitted revised plans with the building reoriented as suggested, and with the majority of staff's other comments addressed. The current proposal consists of a 2,856 sq.ft, convenience store and laundromat on a 0.36 acre site. The proposal includes landscaping, a 13-space parking lot with two entrance drives and the reservation of a 10' strip of land along the west property line for future widening of Old Dixie Highway. The proposed hours of operation for the store are daily from 6:00 a.m. to 10:00 p.m. City Commission Documentation Appeal of SPRAB Approval of the Kwik Stop Market Page 2 At its meeting of November 20, 1996, SPRAB reviewed the revised site plan for Kwik Stop Market. The Board followed the established quasi-judicial procedures in considering the project. City staff and the applicant offered testimony which supported the development proposal. The testimony, including information provided in the project staff report, stated the following: that the proposal complies with the City's Comprehensive Plan including concurrency findings; that the use of the land for a convenience store/laundromat is permitted by the Land Development Regulations; that the Site has been designed to create the least amount of impact on the residential dwellings to the west by reorienting the building to comply with the Police Department's safety concerns; and that the compatibility is increased by the provision of extensive perimeter landscaping. There was public testimony in opposition to the request. The objections mainly related to the development being incompatible with the Redevelopment Plan for North Federal Highway, which calls for a light industrial Overlay between Federal Highway and Dixie Highway north of George Bush Boulevard (this comment was also the basis for the CRA's recommendation that the project be denied). It is noted that in order to utilize the light industrial overlay a property is required to maintain a commercial facade along Federal Highway. As previously stated; this property has no frontage along Federal Highway. After some discussion, all of the Board members were supportive of the project and felt that the revised plans adequately addressed their previous concerns. The Board voted 7-0 to approve the site plan for Kwik Stop based upon positive findings with respect to Chapter 3 (Performance Standards)and Section 2.4.5(G)(5) of the Land Development Regulations and policies of the Comprehensive Plan. On December 3, 1996, the Site Plan Review and Appearance Board action was appealed by the City Commission. The stated reason for the appeal was to afford the Police Department additional time to review the proposal with regard to safety concerns. Several residents of the Seacrest subdivision have stated their opposition to the store, as they feel it will have a destabilizing impact on their neighborhoods. Officer Geoffrey R. Williams of the Community Policing Section reviewed the revised plans, and noted that virtually all of the department's concerns had been addressed. City Comm~,,ssion Documentation Appeal of SPRAB Approval of the Kwik Stop Market Page 3 However, he also provided some statistical data regarding the number and types of crimes that are committed at convenience stores, and suggested that the owner voluntarily comply with the State of Florida Convenience Business Security Act. This act ~equires that certain safety measures such as a drop safe, security cameras, and uncluttered windows be implemented. The act does not apply to stores that are closed bet'eeen the hours of 11 p.m. and 5 a.m., therefore, the Kwik Stop as currently proposed does not have to provide those safety features. The owner has indicated that he ea'll be using cameras and a drop safe, and the lighting plan is generally consistent with the lighting standards called for in the act. In order to ensure that adequate safety measures are installed and maintained, the Commission may want to condition approval of the site plan on compliance with the provisions of this act. A. Continue with direction. B. Reverse the Site Plan Review and Appearance Board's decision and deny the site plan for Kwik Stop Market with reasons stated. C. Uphold the Site .Plan Review and Appearance Board's decision and approve the site plan for Kwik Stop Market based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(G)(5) (Findings) of the Land Development Regulations and policies of the Comprehensive Plan subject to the following 'conditions related to ensuring the safety and security of the store, and compatibility v~ith the surrounding residential neighborhood: · That the hours of operation for both the convenience store and laundromat be limited to 6:00 a.m. to 10:00 p.m. · That the store be required to comply with the applicable provisions of the state's Convenience Business Security Act. Commission discretion. Attachments: · Location map · Site and landscape plan; elevations for the Kwik Stop Market · Memo from Police Officer Geoffrey Williams Convenience Business Security Act. ¢ PLUMOSA KOKOMO KEY ELEMENTARY I SCHOOL N.E. P~u 8LVO. M.S,A. TRACT N.E. 16TH S N.E. 12TH ST. BOND WAY N.~ llTH ST. I~ Wlll-lERSPOON LANE: J McKE£ LN 911-1 GEORGE: BUSH BOULEVARD ST. VINCEN~S MARINA CHURCH ~ KWIK STOP MARKET I~LANHINC OEPAR TM~rN ~' J OTY ~ DELRAY OEA~. ~L ! · MF~ SHAFIOUL ISLAM a -~J J DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: Chief Richard G. Overman FROM: Sergeant Geo.ff~y. 19. Williams Community Polic,ng Section DATE: December 11, 1996 SUBJECT: Kwik Stop Project NE 14' St & N. Dixie Hwy. On September 27, 1996, I penned a memo to the city's Planning Department regarding my CPTED/Site Plan Review of the above project. I made eleven recommendations for a safer site layout, both exterior and interior. The architect's response to these recommendations was to make several changes to the plans in : accordance to our requests. The new plans are much more acceptable from a crime prevention stand point. Out of a total of twenty=eight proposals or requests made by the Technical Advisory Committee (T.A.C.) they have taken action on or supplied information for each one. For those recommendations not taken reasonable explanations were given. It is my opinion that the owner and architect have been very receptive to the T.A.C.'s recommendations. - -- Another crime prevention Option that the store owner may wish to consider is voluntary compliance with the states Convenience Business Security Act; whether he is exempt or not. In researching the reasons behind the legislation of the above act I found that compelling evidence exists for ali convenience businesses to comply with the act. Some of these are listed below: In 1986 there were 5288 incidents of convenience store robberies in the State of Florida. This was a 3S% increase over 198~ with 3908 and an 83% increase over 1984 with 2882 robbery incidents state wide. These incredible increases in convenience store robberies was a major concern to government officials as well as 'the convenience business industry. Their concerns were not only for the financial losses being incurred but also for the mental and physical harm to employees and customers which were resulting from these violent page2 · acts (Ronald D. Hunter). Some offenses subsequent to convenience bUsiness robberies are assaults, abductions, rapes, homicides, forcible sodomy and forcible fondling (see addendum 1). An examination of 349 convenience stores owned be the Southland Corporation revealed that the attractiveness of a store to robbers can be reliably measured. The more attractive a store is to robbers, the more frequently it was robbed (Crow & Bull, 197~:57). Crow and Bull developed a scale by which stores were ranked as to target attractiveness by former armed robbers. The variables considered were as follows: Escape route from area; Outside lighting; Car visibility from store; Overall escape difficulty; Staff alert to outside; Clerk greets entering customers; Staff alert to inside; Neatness of the store; Overall impression of staff; Activity nearby; Activity in the store; Robber visibility from the store; Cash register visibility; Cues that warn robbers; Overall chances that the robbers will be seen; Drop safe or cash management system visibility; Inaccessibility sign on the safe; Sign of bill cashing limit; Overall expected take and overall attractiveness (Crow & Bull, 1975:54). In Study of Safety and Security Requirements for At-Risk Businesses (Office of Attorney General Robert A. Butterworth, 1991) it was reported that Gainesville Police Department estimated that each convenience store robbery leading to an arrest and trial costs Florida taxpayers $13,650. If a conviction and incarceration follows the arrest then the cost typically rises to $30,957 and $54,957 if prison and jail overhead is factored in. Again, these figures are in 1991 dollars. In today's dollars we can add approximate a 15% increase over the above figures. The Attorney General's Office concluded its investigation by stating: "After hearing hours of testimony and examining all available data on the subject of at-risk businesses and crime, this office has concluded that convenience stores often pose an unnecessarily unsafe condition, placing both employees and shoppers in needless jeopardy and exacting a largely immeasurable cost to our society" A review of a five year compilation of crimes occurring at convenience businesses within Delray Beach shows that we pretty much mirror the crimes that the State Attorney General's found to be associated with that type of business (see addendum 2). As in the state' study location and attractiveness seem to be major factors in the number of robberies which have occurred at our convenience businesses. The type of violent crimes occurring at our convenience stores are robberies/strong arm and armed, assault, battery and homicide. So, as you see there is a plethora of reasons for Mr. Islam to voluntarily comply with the states Convenience Security Act. The least of which is the potential monetary loss through robbery. page3 · Since our last conversation regarding this matter I was told by one of our Zoning and Planning employees that Mr. Islam recently informed him that the Kwik Stop he is building will close nightly at 10:00pm., and will not be a twenty-four hour operation as originally believed. The store will be managed by a person outside of his family. By closing at 10:00pm he will not be governed by the Act. He will have to foBow the Act if he chooses later on the remain open for business after ll:00pm. However, all he has to do to circumvent the law according to the State Attorney General's legal advisor is to hire one family member, as defined by the Act, to work the store between 11:00pm and 5:00am. If you have any further questions regarding this matter I can be contacted at 75~ or $~7-48~$ (pager). GRW/grw cc: Major J. L. Schroeder Captain g. Phillips Lieutenant J. Rancour ORW'./Kw~k~opMemo.do~ ~' .- -, ADDENDUM ~1 History of Comitted Violent Incidents At Convenierice Store Locations Offense 1990 1991 '1992 1993 1994 1995 Murder 12 15 15 12 18 Forcible Rape 20 13 11 19 20 Forcible Sodomy 5 7 4 2 3 ~Forcible Fondling 11 11 10 16 12 RobberY .... 3,839 3,099 2,638 2,3.14 2,123 .Aggravated Assault 1,120 1,071 1,156 1,153 1,169 Total 6,303 5,007 4,216 3,834 3,516 3,345 i.Percent Growth. , -21% -16% ,, -9% -8% , -5% 'Law Implemented .~'7";~"~--~ 0 F'- ~--L-0 ~-~ 812.1701 Short title.--Sections 812.1701-812.175 may be cited as the 'Convenience Business Securib/ Act.' Hi~tory.~$. 1. r.h. 812.171 Definition.--As used in this act, the term 'convenience business' means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open fo~ busi- ness at any time between the hours of 11 p.m. and 5 a.m. The term 'convenience business'' does not include: (1) A business that is solely or primarily a restaurant. (2) A business that always has at least five employ- ees on the premises after 11 p.m. and before 5 a.m. (3) A business thal has at least 10,000 square feet of re[ail floor space. The term 'conveniEnce business' does not include any business in which the owner or members of his family work between the hours of 11 p.m. and 5 a.m. 812.172 intenL--The Legislature finds that the pro- ' visions of this act are intended to prevent violent crimes and thereby to protect employees and the consumer public at late-night convenience businesses. It is the fur- thor intent of the Le~lislature that securit~ standards for s. 812.172 1992 SUPPLEMENT TO FLORIDA STATUTES 1991 s. 812.174 lale-night convenience businesses be uniform through- 1. An~erican Society for Testing and Materials Stoa- out this state. · dard D3935 (classification PCl10 B 3 0800700) and that ,~-,oq.-~,. 4. ca. so-3~: ~. 3. ~. 9~-~o3. has a thickness of at least 0.375 inches and has an impact strength of at least 200 foot pounds; or 812.1725 Preemption.--A political subdivision of 2. Underwriters Laboralory Standard UL 752 for Ibis state may not adopt, for convenience businesses, medium power small arms (level one), Bullet Resisting security standards which differ from those contained in Equipment; ss. 812.173 and 812.174, and all such differing stand- (c) Provide a security guard on the premises at all orals, whether existing or proposed, are hereby pre- times after 11 p.m. and before 5 a.m.; erupted and superseded by general law, except any id) Lock the business premises throughout the local ordinance in e~fect prior to September 1988 and hours o! 11 p.m. to 5 a.m., and only transact business determined by the Department of Legal Affairs to pro- through an indirect pass-through trough, trapdoor, cr vide more stringent Security standards than those con- window; or rained in ss. 812.173 and 8t2.174 shall not be pre- re) Close the business at all times after 11 p.m. and erupted and superseded by general law for a period of before 5 a.m. 2 years from December 31. 1992. (5) For purposes of this section, any convenience ,i~,o~,.-,..,. ~ 92-zc3. business that by law implemented any of the securi,";, 812.173 Convenience business security.-- measures set forth in paragraphs (4}ia) through re) and (1) Every convenience business shall be equipped has maintained said measures as required by the with the following security devices and standards: Departmenl of Legal Affairs without any occurrence or ia) A security camera system capable of recording incidence of the crimes identified by subsection (") for and retrieving an image to assist in offender identifica- a period of no tess than 24 months immediately pried- lion and apprehension, lng the filing of a notice of exemption, may file with the lb) A drop safe or cash management device for department a notice o! exemption from these'enhancc--d restricted access to cash receipts, security measures. In no event shall this exempticn be lc) A lighted parking lot illuminated at an intensity of interpreted to preclude full compliance with the secudt'! at least 2 foot-candles per square foot at 18 inches measures set forth in subsection (4) should any occur- above the surface. ?., fence or incidence of the crimes identified by subsec:icn id) A conspicuous notice at the er{trance which (4) cause subsection (4) to be statutorily applicable. As states that the cash register contains 550 or less. of the date this act becomes law, the Department of f .... re) Window signage that allows a clear and uncb- Legal Affairs will Provide notice to any convenience busi- structed view from outside the budding and in a normal ness to which a subsection (4) incident has previously line of sight ot the cash register and sales transaction occurred. In no event shall the state or the Depa~m. ent area. of Legal Affairs incur any liability for the regulation and if} Height markers at the entrance of the convert- enforcement of this act. H',,stefl~.--s. $. ca. ~.-346: s. S. ca. fence business which display height measures. (g) A cash management policy to limit the cash on 812.174 Training of employees.--The owner o~' hand at all times after '11 p.m. principal operator of a convenience business or conven- (2) · A convenience business shall not have window fence businesses shall provide proper robbery deter- linting that reduces exterior or in/edor view in a normal rence and ,~lety training by an appr?ed curriculum to ~ne of sight. ,, its retail employees within 60 days of employment. Exist- .. (3)' Every convenience business shall be equipped lng retail employees shelf receive training within 6 with a silent alarm to law enforcement or a private secur- months of April 8, 1992. A proposed curriculum shall be. ity agency, unless application for an exemption is made 'submitted in writing to the Attorney General with an to and granted by the Attorney General. An application administrative fee not to exceed $100. The Attorney k~ exemption must be in writing and must be accompa- General shall review and approve or disapprove the cur- hied by an administrative fee of $25 for each store for riculum in writing within 60 days after receipt. The state which an exemption would apply, shall have no liability for approving or disapproving a (4) If a murder, robbery, sexual battery, aggravated training curriculum under this section. Approval shall be assault, aggravated battery, or kidnapping or false given to a curriculum which trains'and familiarizes retail imprisonment, as those crimes are identified and employees with the security principles, devices, and defined by Florida Statutes, occurs or has occurred at measures required by s. 812.173. Disapproval of a cur- a convenience business since July 1, 1989, and arises riculum shall be subject to the provisions of chapter 120. out of the operation of the convenience business, that No person shall be liable for ordinary negligence due to ~unvenience business shall implement -at least one o! implementing an approved curriculum if the training was I~ following secudty measures: actually provided. A curriculum shall be submitted for ia) Provide at least two employees on the premises reapproval biennially with an administrative fee not to at all times after 11 p.m. and before 5 a.m.; exceed $100. Any curriculum approved by the Attorney (b) Install lot use by employees at all times after 11 General since September 1990 shall be subject to reap- pm. and before 5 a.m. a secured safety enclosure of proval 2 year~ from the annive?sary of initial approval lransp~ent polycarbonate or other matedal that meet,,s and biennially thereafter. at'least one of the following minimum standards: ~,,,q.-,. ~. ~. ~o-3,~: ~. ~. ~. 2112 812.175 Enforcement; cE'il fine; Convenience Busi- ness Security Trust Fund.-- (1) The violation of any provision of this act by any owner or principal operator of a convenience business shall result in a notice of violation from the Atlorney Gen- era!. Violators shall have 30 days alter receipt of the' notice to provide proof of compliance to the Attorney General's office. If the violation continues after the 30- day period, the Attorney General may impose a civil fine not to exceed $5,000. The Attorney GeneraJ has the authority to investigate any alleged violation and may compromise any alleged violation by accepting from the owner or principal operator an amount not to exceed · $5,000. The Attorney General may suspend the imposi- tion of any fine conditioned upon terms the Attorney. General's office in its discretion deems' appropriate. - Notices o~' violation and civil fines shall be subject to the provisions of chapter 120. (2) There is estabtished in the Department of Legal Affairs a trust fund to be known as the Convenience Business Security Trust Fund· Moneys deposited -' therein shall .be used by the Attorney General to admin- ister and ehforce the provisions of this section and ss. 812.173 and 812.174. Moneys received by the,Attorney ,~ General pursuant to this act shall be deposited into ~he trust fund. (3) The Attorney General is given full power and authority to petition for an injunction when it is deter- mined that the health, safety, and public welfare is -. ' threatened by continued operation of a convenience business in violation of this act. In any action for injunc- tion, the Attorney General may seek a civil penalty not tn exceed $5,000 per violation, plus attorney's fees and costs. (4) The Attorney General may enter into agreements · with local governments to assist in the enforcement of ss. 812.1701-812.175. Such agreements may include provision for reimbursement of investigative and enforcement costs incurred by such local governments. 812.176 Flulemaking authority.--The Department of Legal Aflairs shall have the power to adopt rules pur- suant to chapter 120 as necessary lo implement the pro-. visions of the Convenience Business Security Act. The secudty measures and training provisions of ss. 812.173 and 812.174 shall meet the requirements o! the depart- ment as set forth by rule. ~is~,.--s. 8. ch. ~-103. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # ~ - MEETING OF JANUARY 7, 1997 LICENSE AGREEMENT/32 EAST DATE: JANUARY 3, 1997 This is befOre the Commission to consider a license agreement with 32 East for use of right-of-way to provide valet parking service at 32 East Atlantic Avenue. Vehicles will be parked in a private parking lot owned by Grocery Marketing, Inc. located on an adjacent parcel at 8 East Atlantic Avenue. It can accommodate 30 cars, and is accessed from the rear alleyway. The agreement has been reviewed and approved by the City Attorney. On December 13, 1996 I granted temporary approval for the valet station until the request could be considered by the Commission at this meeting. The request was reviewed by the Parking Management Team and the Police Department on December 18, 1996. It was felt that the number of spaces should be limited to two; that they be located at the far east end of the block to minimize the potential for stacking across Swinton Avenue; and that the valet service should not be exclusive for customers of 32 East. The Parking Management Team will have a workshop on January 15th to discuss options for a valet parking program, including the various restaurants sharing the same valet spaces. Recommend approval of the license agreement with 32 East for use of right-of-way to provide a valet parking service, subject to the conditions put forth by the Parking Management Team. TO: DAVID T' HARDEN' CITY MANA(~R, _ SUBJECT: MEETING OF JANUARY 7, 1997 CONSENT AGENDA**~ LICENSE AGREEMENT WITH 32 EAST The action requested of the City Commission is that of approval of a license agreement with 32 East for use of right-of-way to provide a valet parking service for customers. 32 East restaurant requested a license agreement for a valet parking queue on East Atlantic Avenue. The initial request was for four spaces to be reserved for valet operations between 5:00 P.M. and 1:00 A.M., seven days a week. Vehicles will be parked in a private parking lot located on an adjacent parcel at 8 E. Atlantic Avenue. The parking lot, which is owned by Grocery Marketing, Inc., has room for approximately 30 cars and is accessed from the rear alleyway. Customers will be encouraged to approach the valet station from the west. The valet parking queue is located at the extreme eastern end of the block. The route to and from the parking lot is as follows: Upon entering E. Atlantic Avenue, the attendants will make an immediate right turn onto SE 1st Avenue followed by another right turn into the alley and then travel ¼ block west to the parking lot. From the parking lot, the attendants will travel west, then make a right turn onto S. Swinton Avenue followed by another right turn onto E. Atlantic Avenue and then travel east back to the valet station. Stacking at the valet station will be minimized since this is a very short route with only dght turns. On December 13, the City Manager granted temporary approval for the valet station, until the request could be considered by the City Commission at this meeting. The request was reviewed by the Parking Management Team and Police on December 18, 1996. In summary, their comments were: · The number of spaces should be limited to two. · The spaces should be located at the far east end of the block to minimize the potential for stacking across Swinton Avenue and to make access to the spaces as easy as possible. · The valet service should not be exclusive for customers of 32 East. The attached agreement specifies that the easternmost two spaces of the block will be used for the service. The Parking Management Team will have a workshop on January 15th to discuss options for a valet parking program, including the issue of various restaurants sharing the same valet spaces. By Motion, approve the attached license agreement with 32 East, for use of right-of-way to provide a valet parking service. Attachment: * License Agreement LICENSE AGREEMENT FOR USE OF RIGHT-OF-WAY THIS AGREEMENT ("The Agreement") is made this __ day of , 199__ by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "City"), and THE AVENUE BAR & GRILL, INC. d/b/a 32 EAST, a Florida corporation ("32 East"). WlTNESSETH: WHEREAS, 32 EAST has requested permission to use two public parking spaces adjacent to its business located at 32 East Atlantic Avenue to provide valet parking for customers along Atlantic Avenue from 5:00 p.m. to 1:00 a.m.; and WHEREAS, the two parking spaces are located east of Swinton Avenue on the south side of Atlantic Avenue; and WHEREAS, in order to use the two parking spaces, the CITY requires that 32 EAST enter into this License Agreement for the use of the parking spaces for the valet service; and WHEREAS, the parties desire to enter into this Agreement in order to permit the use of the parking spaces in accordance with the considerations set forth in these recitals. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Inco. rporation of Recitalsl The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Parking Spaces. The CITY agrees to allOw 32 EAST to use the seventh and eighth parking spaces east of Swinton Avenue on the south side of Atlantic Avenue for valet parking purposes. The parking spaces are to be used for valet parking daily between the hours of 5:00 p.m. to 1:00 a.m. 32 EAST acknowledges that the parking spaces may be unavailable for use during certain special events-during the year and during the special events the license will not be valid. 3. Term and Renewal. The term of this Agreement shall be for one year from the date written above. The license may be renewed annually by the City Manager following receipt of a written notice from 32 EAST that 32 EAST desires to continue using the parking spaces for valet parking. 4. Revocable License. This Agreement is only a License Agreement and may be revoked by the CITY at anytime upon providing written notice via U.S. Mail to 32 EAST. 5. Compliance with Laws. 32 EAST agrees to comply and adhere to all state laws and local ordinances regarding parking. 32 EAST further acknowledges that due to the high traffic in this area, double parking unattended vehicles will not be permitted. 6. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: David Harden, City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 To 32 EAST: 'Barbara Straub The Avenue Bar & Grill, Inc. 32 E. Atlantic Avenue Delray Beach, Florida 33444 7. Further AssUrances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this Agreement. 8. ]llRfliag_F.,ff. fl~. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 9. Entire A~eement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such 'matters are merged into this Agreement, which alone fully and completely expresses their u_nderstanding.. 10. Allle, alllll~l~. This Agreement may not be amended, modified, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 2 11. Insurance. 32 EAST agrees to provide the CITY with assurance, subject to the approval of the CITY'S Risk Manager, that general liability insurance for the valet service is in place, and that the City of Delray Beach is named as an additional insured. 12. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, 32 EAST shall indemnify and save harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces by reason or as a result of the use and occupancy of the parking spaces by 32 EAST, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against 32 EAST or by 32 EAST against any third party, then the CITY shall protect and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 13. ~.. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 14. Termination. 32 EAST acknowledges that the CITY is currently developing a uniform policy/procedure for the use of public parking spaces for valet parking services. Upon adoption of the uniform policy/procedure, this License Agreement will be null and void and of no further force and effect. 32 EAST will then comply with the CITY'S policy/procedure for use of public parking spaces. IN WITNESS WItEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this ~ day of ,199. 3 TIlE CITY OF DELRAY BEACH, ATTEST: a Florida Municipal Corporation By: City Clerk Jay Alperin Mayor Approved as to form: City Attorney STATE OF FLORIDA ) ) SS.' COUNTY OR PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 199 by Jay Alperin, as Mayor of the City of Delray Beach, a Florida municipal corporation, on behalf of the corporation. Notary Public (OFFICIAL NOTARIAL SEAL) State and County Aforesaid My Commission Expires: AVENUE BAR.& GRILLE d/b/a. 32 EAST, a Florida Corporation By: Name Printed: Title: · (SEAL) 4 STATE OF FLORIDA ) ) SS: COUNTY OR PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 1996 by , as of , a corporation, on behalf of the corporation. Notary Public (OFFICIAL NOTARIAL SEAL) State and County Aforesaid My Commission Expires: 32 EAST.agt MEMORANDUM TO: David T. Harden, City Manager FROM: ~/~obert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING JANUARY 7, 1997 REQUEST GREEN MARKET - LIABILITY INSURANCE FOR BANNERS DATE: January 2, 1997 Action City Commission is requested to consider approval of a request received from Ms. Ann Gannon for the City to assume the liability insurance and cost for hanging banners on FPL poles from Swinton Avenue to 1-95. Background Prior to approving the hanging of Green Market banners on their light poles, FPL is requiring $1,000,000.00 per occurrence general liability insurance. The Delray Beach Green Market is requesting that the City assume this responsibility and cost and to forward proof of insurance to FPL. The insurance can be added as endorsement to our existing policy for the banners on Federal Highway at a cost of $330.00 per year. The cost of the insurance could be deducted from the $5,000.00 City Commission approved to support the Green Market. By assuming the liability, the City will be required to submit the FDOT permit in our name. Action Staff recommends approval of the request from the Green Market for the City to provide the necessary insurance required by Florida Power & Light Company for hanging banners on their light poles between Swinton Avenue and 1-95 on Atlantic Avenue and authorize staff to prepare the FDOT permit. RAB:tas File:u:sweeney/agenda Doc:greenrnkt.ins ~ ~ ~ MEMORANDUM TO: Robert Barcinski, Assistant City Manager FROM: Frank Babin, Risk Manager.~~~ DATE: January 3, 1997 SUBJECT: Light Pole Banner, General Liability Insurance This memo will clarify my January 2, 1997 letter to Anne M. Gannor, copy to you, on the same subject. You advised that the eight banners east of Swinton Avenue will be on City light poles. Therefore, the premium to insure the remaining sixty six banners west of Swinton on FPL light poles, as required by FPL, would be $330.00($5.00 per banner). For your note, the $420.00 premium reported for seventy four banners included additional underwriting changes not to be included in the $330.00 proposal. FB/bjw pole.doc. (:lTV DF DELRI:I¥ BEI:II:H DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 · l-~,medm City 1993 Ms. Anne M. Gannor Community Redevelopment Agency 24 N. Swinton Avenue Delray Beach, Florida 33444 RE: Light Pole Banner, General Liability Insurance Dear Anne: Per your request, this letter will provide the status of the above referenced matter. Our insurance broker (Arthur J. Gallagher) has advised me that $1,000,000 per occurrence general liability insurance would be provided for the seventy four banners as described in your 12/31/96 letter to me. Coverage would be as an endorsement to current policy #72LP129928, National Fire and Marine Insurance Company, 12/31/96-97 (NE 5th and SE 6th banners). The additional premium would be $420.00 with an effective date of January 13, 1997, the date you expect flag installation. Please advise of any change in circumstances. Sincerely, Frank Babin Risk Manager FB/bjw cc: Robert Barcinski, Assistant City Manager Kim Stone, Arthur J. Gallagher banner.doc. THE EFFORT ALWAYS MATTERS PHnted on Recycled Paper ......... PAGE 01 DELRA¥ BEACH CRA 12/13/1996 15:44 5612768558 Community Redevelopment ~ Delray Beach December 13. 1996 TO: Frank Babm, Risk Managemcnt FPO(NO: 561-243-7166 F~,OM: Anne ~ Cranuon · information regarding the Historic Detray Green Markct which begins I am furnishing the following through May 17, 1997 from 7 a.m- to I p.m. Saturday, January 4, 1997 and hms The Green Market is proposing to put up banners on Florida Power & Light Polcs from Swinton Avenue West to 1-95 and on the comers of Swinton Avenue East to thc raitroad tracks- There are and.~66..66 banrters going West (these are on the same poles as the Christmas 8 banners going Fast . · bannc~s are using). ¢ current million dollar policy the City ..... a-'vht informexl me we neS.~ ts mn_~w~ will then fo~d ~ tu-~t~r g~vmg us Florida rowm a.d fax ~ a copy OI m~ ,~-'~ .--- ,_ t w~Z appli~. ~.rmission to-m~-u~ _u~.~axe~ to DOT ~eto~ ~,' ._ 5:.% cgA Board needs to [~anct co ofmc t.r~ ~._ ~,~,, o,,,,rcationand mc crum ~.~y ..- .... ~,,. ,, eritcms, ~ · - needs To sign item ~nglncc~ u ..... ish me a eop~t of~e msmm, .---- sign it If you Should Y°a requixc additional information, ptease advise. Anne lVt Ganaon attachment: DOT application ! Fax {407~ 276-B558 .... e...;..,~,,, ttvnnue. Delrav Beach. FL 33444 I~.P.B.,FLA. D.O.T. =a>~:581-~$~-~92~ Dec 5 '96 16:~2 ~.02 a~m~:Delrgy Beach Com~uni~' Redevelopment A~ ~s: 24 N. Swinton AVe'n'u~, D~ray Beach, FL 33444 Historic Delray Green Market banners for Atl~ntlc Avenue from S Swinton Avenue West to' I~MS. '. · x ~r Creen Market banners,.on ~o~is~in~ utilities poles ~along row pe~ a . · City o~ Delray B~ac~ . Florida Powe~ - _ _ CO ~ a~lo~ed by C~ ~C~n~ thio ~pli~aCL~. _ mm mm m mm ,.. ¥. ~ ' ,. ' _ De'ray,each C.~.I. 12-~ . ' om n...-~ M ~ ~.~ ~"':l::.m~:'" II ~ : .;:'~: = :', I -- I . _ _ to bi coq)],or, id by chi Gip&.r~mon~. ~--d MEMORANDUM TO: David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM - JANUARY 7, 1997 SPECIAL EVENT REQUEST - DOWNTOWN DELRAY ART FESTIVAL DATE: December 30, 1996 Action City Commission is requested to endorse the 8th Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held January 11-12, 1997, to grant a temporary use permit per LDR's section 2.4.6(H) for use of city right-of-way, to authorize staff to apply for the FDOT street closure permit, to authorize staff support for security and barricading the street, and to permit an event sign to be erected on Atlantic Avenue just east of 1-95 one week prior to the event. Background Howard Alan Events, LTD. will again be conducting the 8th Annual Downtown Arts Festival. This year a portion of the proceeds will be given to the Joint Venture. Mr. Alan is requesting closure of Atlantic Avenue from Venetian to A-l- A as we did last year. He is also requesting security service from the Police Department and Public Works assistance to barricade the street. The estimated overtime cost for City services and barricade rental is $4,500.00. Mr. Alan will pay for these costs as well as provide for trash and clean up and porta lets. Signage per LDR's section 4.6.7(D)(3)(j)(i) can be installed one week prior to the event and must be under 20 square feet. Recommendation Staff recommends endorsement of the event, granting of the temporary use permit, providing staff assistance at the vendors cost and allowing the event sign to be installed. RAB:tas File:u:sweeney/agenda ~~ Doc:delray.art 12-19-1996 ll:41PN FRON HOWARD ALAN EVENTS 30S~723891 P_ 1 TO: Bob Barcinski Assistant City Manager FRO19I: Howard Alan RE: Necessary information to obtain city permit for 8th Annual Downtown Delray Festival of the Art~ The 8th Annual Downtown Delray Art Festival is scheduled for Sat/Sun January 11 - 12. 1997. We're proud to proclaim that the show is now rated in the top '100 Art Festivals in the country. Last years event (96) was a huge success and all concerned parties were quite pleased with the outcome of the event. We would like to reproduce last years logistical plan: The street (Atlantic Ave) would be closed from Venetian to Ocean Blvd. with thc following provisions. Access would be made ar Salina Avenue to provide access to Boston's and local residents (see map). The two west bound lanes between A1A and the entrance to the Holiday Inn would be left open for access to the Holiday Inn. A policeman would be detailed at Salina Ave to cross vehicles entering or exiting that street. Furthermore, from Salina Ave to the west bound lanes of Atlantic (Holiday Inn area), the access would be traffic coned to for vehicular use. Street closure time would be scheduled from 6pm Friday evening - Jan. 10th thru Sunday, Jan. 12. Lo~ristics We could require and pay for all necessitated city services, they include the following: a) Police - see last years enclosed schedule b) Barricades We would provide the following services: a) Insurance - $1,000,000 liability certificate. See enclosed insurance certification. b) Clean up: We would employ a professional clean up service that would would leave the property in broom clean condition c) All necessitated equipment (i.e.) port-o-lets, 30 yd. dumpster, 40 portable waste receptacles. We would also like to seek permission to erect a sign on Atlantic Ave near 1-95 as we have done in the past, following all city required dimensions. Thank-you for your time and consideration in securing the necessary permits for this road closure. If there are any additional questions, do not hesitate to contact me at 954-472-3755. Yours truly, Howard Alan 12-- 19-- 1996 11 : 42PM FROM HOWARD ALAN EVENTS 30B4723891 ..... F'_ 2 " ,~. -~ ~ ~~ __~ ~ ~ - 12-23-1996 3:3zIAM FRO~ HOWARD ALAN EVENTS 305~723891 P_ 3 12x25×9~ 13:3~ ~TNOR BYER INS ~ ~5472~91 NO. 00~ D02 CERTIFICATE OF INSURANCE ~958os [] i2/~-3196 P.O. Box 2338 ~T~~~O~~~. Fort wayne, _IU _46e0 H~D ~AN ~~ LTD A~U ~ER~CAN ~ ,._ ~R~T ~ND~AVO~ ~NC PL~TATION, PL 33324 ~~ ..... ~ ......... A ~~~ T7 37384902 2/24/96 2/24t97 ~~J~~ _~_ ~nfln ~~. ~~ ~ ~onn ......... ~~~_ A ~~ T7 3738~902 2t24/96 2/24/97 ~ s ZOO0 ... ~ ~_u~ ~ ADDI~ZON~ ~NSU~: CZ~ OF D~LRAY (FO~ CG2024-P~MZSE) CITY OF DELSEY ~00 ~ 1ST AVENUE u~LRA~ B~AC~, FL 33444 ~~~E~~~~ MEMORANDUM TO: David T. Harden, City Manager FROM: bert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING JANUARY 7, 1997 APPROVAL SPECIAL EVENT - FOTOFUSION '97 DATE: January 2, 1997 Action City Commission is requested to endorse FotoFusion '97 to be held January 28th through February 1, 1997 to waive rental fees for use of City facilities, to authorize staff to make and install event signs and Photographic Center directional signs as we have done for Cid School Square, to waive any costs associated in making and installing the signs and provide staff assistance in hanging banners. Background Attached is a letter from Fatima NeJame, Executive Director of Palm Beach Photographic Center requesting the City to endorse the event, waive rental fees for use of facilities, to make and install signs waiving any charges for cost and to hang banners. City facilities that will be used during the event include Commission Chambers, the first floor conference room, the Mahogany Room and Banyan Orchid Room at the Civic Center. The estimated rental charges for these facilities would be approximately $400.00. The request also includes event and directional signage. Four (4) event signs 4'x4' and six (6) directional signs for the center have been requested. The estimated material cost for these signs is $250.00. They have also requested that City staff install event banners at the intersections on Atlantic Avenue from Swinton to A-1-A and in the CRA parking lot between N.E. 1st and 2nd Avenues. Banners can be hung utilizing regular time. I have included a copy of their proposed '97 budget, '96 actuals and a copy of the event schedule. The City in your budget agreed to contribute $6,000.00 this year to the event which will be used to pay a portion of the rental charges at Old School Square. Old School Square Subject:AGENDA ITEM - CITY COMMISSION MEETING JANUARY 7.1997 APPROVAL SPECIAL EVENT - FOTOFUSlON '97 Date: January2, 1997 Page: Two (2) Inc. has agreed to only charge $6,000.00 of the total of $15,000.00 in rental fees. Recommendation Staff recommends approval of the request from Palm Beach Photographic Center to endorse the event, prepare signs, provide staff support for banner hanging and to waive rental fees and costs to make requested signage. RAB:tas Attachments File:u:sweeney/agenda Doc:fotofusi.doc Board of Dlreo'~ra: Jay AIpeHn Jan Fred Fmnk~ ~~~M M.~He M.~olle A~hur N~ame ~ma N~me December 23, 1996 F~ C' Mr. David T.Harden MUSEU~OW~SH~ ~' ~ 4 Ci~ Manager FmFuslo~F~p Ci~ of Delray Beach ~?r~ 100 N.W. 1st Avenue .... Delray Beach, FL 33444 Dear David: As you know, Palm Beach Photographic Centre will be presenting FotoFusion '97, its second annual international photography and imaging festival. The only international festival of its kind in the country, FotoFusion '97 will transform downtown Delray into the nation's photography capital of the world from January 28 through February 1, 1997. New this year, is a series of 20 free seminars which will attract the general public, including a six slide projector show by the Director of Photography at National Geographic, a slide show on the '96 Olympics by the Picture Editor of Sports Illustrated, a 16 projector multimedia slide show on underwater photography and "Presidential Coverage, Uncensored" by two photographers who have covered the White House for Time and Newsweek for the past six presidents. Other elements of FotoFusion include five free slide lectures by world-class photographers at the Crest Theatre, 20 free exhibitions in galleries, city hall, library, Northern Trust, Old School Square; 58 seminars and panel discussions, 16 computer workshops and 14 mini fieldtrips around Delray. To help make FotoFusion a success, we respectfully request the following considerations: · endorsement of the event · waving of rental fees (as per schedule given to Bob Barcinsky) · make and install event signs · make and install directional signs · install FotoFusion banners (provided by The Centre) at all Atlantic Avenueintersections from Swinton to A1A, and at the parking lot across the street from The Centre We are very grateful to the City of Delray Beach for all their support in helping make FotoFusion a great success. Sincerely Fatima NeJame Executive Director cc: Bob Barcinsky 55 Northeaet ,~e~ond Avenue · Delra.¥ l~ea~h. Florida ~.44 · ('5~1) 27~-0707 · Fax: (561) 276-10:~2 FotoFusion '97 Budget EXPENSES Personnel - Administrative $58,000 Outside Artistic Personnel - Travel $38,000 Exhibitions - Rental Fees, Shipping & Insurance $10,000 Marketing $69,993 print advertising $33,993 direct mail brochure $18,000 banners $2,000 program $2,000 Mentor Awards $4,000 postage $10,000 free events brochure $3,000 Ground transportation $2,000 Equipment/furniture rental $4,000 Space Rental $6,000 Entertainment $17,000 hospitality suite $2,000 opening reception $1,500 Fusion Schmooze $2,000 awards banquet $10,000 farewell reception $1,500 General expenses phone, electric, office supplies, insurance, rent $30,000 TOTAL EXPENSES $ 234,993 INCOME Admissions $100,000 CORPORATE SPONSORS $51,500 CANON $10,000 KODAK $25,000 KEN LIEBERMAN $3,000 JOBO $2,000 TIFFEN $2,500 PRINT FILE $2,000 TIME INC $7,000 GRANTS $68,000 MacARTHUR FOUNDATION $3,000 FLORIDA ARTS COUNCIL $4,000 TOURIST DEVELOPMENT COUNCIL $55,000 CITY OF DELRAY BEACH $6,000 AUCTION $10,000 $229,500 FotoFusion '96 Budget - ACTUAL total EXPENSES Personnel - Administrative $52,000 Outside Artistic Personnel - Travel $39,000 Exhibitions - Rental Fees, Shipping & Insurance $8,000 Marketing $63,300 print advertising $32,000 direct mail brochure $12,000 banners $1,300 program $2,000 Mentor Awards $6,000 postage $10,000 Ground transportation $2,000 Equipment/furniture rental $6,000 Space Rental $7,600 Entertainment $10,900 hospitality suite $1,500 opening reception $700 Fusion Schmooze $1,700 Awards Banquet $7,000 Other festival start-up $30,450 phone, electric, office supplies, insurance, rent TOTAL EXPENSES $ 219,250 INCOME Admissions $ 76,245 Corporate Sponsors $48,000 CANON $10,000 KODAK $25,000 JOBO $1,500 HSC $1,500 MARSHALLS $1,500 KEN HANSEN $1,500 TIFFEN $2,500 PRINT FILE $1,500 BELL SOUTH $2,000 PALM BEACH POST $1,000 GRANTS $26,000 MacArthur Foundation $3,000 CVB Co-op advertising grant $17,000 City of Delray Beach $6,000 AUCTION $10,000 TOTAL INCOME $ 160,245 Wd~r's Di~ct L~e: (561) 243-70~ DELRAY BEACH 1993 TO: Ci~ Co~ssion FROM: David N. Tolces, Assistant Ci~ A~om~ SUBJECT: Promoter Agreement wi~ BJCE. Inc. - USTA Tournaments The attached agreement with BJCE, Inc. is before you for approval. The agreement provides that BJCE, Inc. shall be the promoter for three USTA tennis tournaments during 1997. All three tournaments will be held at the municipal tennis stadium. BJCE, Inc. will be responsible for collecting all revenues and making all disbursements. The City retains the right to audit BJCE's financial records at any time. No later than 30 days after the conclusion of each tournament, BJCE shall provide the City with a financial statement, as well as any net revenues or a request for payment of any expenses not covered by revenues. BJCE agrees to carry all necessary insurance, naming the City as an additional insured, as well as to indemnify and hold the City harmless for any claims arising out of the tournaments. The agreement only applies to the two women's tournaments in January and the men's tournament in September. If you have any questions, please call. DNT:srnk Attachment cc: David T. Harden, City Manager Sharon Morgan, City Clerk's Office Brahm Dubin, Dubin & Associates Joseph Weldon, Director of Parks and Recreation USTA.dnt PROMOTER AGREEMENT THIS AGREEMENT is made as of the __ day of , 1997 by and between the CITY OF DELRAY BEACH, (hereinafter called "City"), and BJCE, Inc. (hereinafter called "Dubin"), the principal addresses of each party being those set forth in this Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. CITY agrees to retain DUBIN to render certain professional services in conjunction with promoting tennis tournaments sponsored by the United States Tennis Association ("USTA"), (hereinafter the "Work") and to pay for the performance of such Work on and under the conditions which are set forth in this Agreement, and DUBIN agrees to perform such Work and to accept in full payment as is set forth in this Agreement. 2. TIlE WORK: The work shall generally consist of all the promoter responsibilities and obligations as more particularly set forth in the agreements attached hereto and incorporated herein as Exhibit "A". 3. TERM OF AGREEMENT: The term of this Agreement is for the following dates: January 5-19, 1997 and September 20-28, 1997. Notwithstanding the above, either party may terminate this agreement, with or without cause, with ninety (90) days prior written notice delivered in person or transmitted certified mail, return receipt requested. 4. LiAIIlJ. J2I~: In return for the payment of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, DUBIN agrees to indemnify and hold harmless the CITY from and against all claims, actions, causes of action, demand, judgments, costs, expenses, and all damages of every kind in nature incurred by or on behalf of any corporation or person whatsoever predicated upon injury or death of any person or loss over damaged property of whatever ownership or breaCh of contract arising out of or connected with DUBIN'S operation pursuant to the terms of this agreement, whether or not the incident giving rise to the breach of contract, injury, death, loss or damage occurs within or without the premises. 5. INSURANCE: DUBIN agrees to maintain all insurance as required by the USTA, and include the City of Delray Beach as an additional insured on all insurance policies. 6. ~: All purchases of equipment or supplies for the Work under this agreement shall be made by DUBIN. 7. REVENUE AND DISBURSEMENTS: DUBIN, on behalf of the CITY, shall collect all revenues received pursuant to its actions as promoter for the tournaments outlined in Exhibit "A", and make all reasonable Work related disbursements thereunder. No later than thirty (30) days after the conclusion of each tournament, DUBIN shall submit to the CITY a f'mancial statement detailing all Work related revenues and disbursements. In conjunction with the financial statement, DUBIN shall pay to the CITY all net revenues or provide a written request for payment of any expenses which DUBIN cannot pay due to insufficient revenues. The reasonableness of any expense or disbursement shall be left to the sole discretion of the CITY. 8. NET REVENUES: Net revenues shall be all income received by DUBIN while performing its responsibilities as the promoter as specified in Exhibit "A", less all actual and reasonable Work related expenses. 9. RIGHT TO AUDIT: CITY shall have the right to audit DUBIN'S financial records relating to the Work. 10. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between CITY and DUBIN and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the Agreement with all the same formalities as this Agreement. 11. BOND LIMITATION: It is recognized by DUBIN that the tennis center has been financed with proceeds of tax exempt debt and may be re-financed from time to time in the future and that the Internal Revenue Code of 1986, as amended, limits the private use of governmentally owned facilities constructed with tax exempt debt, such as a tennis stadium, in order to maintain the tax exempt status of the debt issued to finance the same. Notwithstanding any other provision of this Amendment to the contrary, this Amendment shall automatically terminate, without any required notice by the CITY, if any payment required to be made under the provisions of this Amendment to the CITY would, together with any other private use payments made or required to be made by any other entity(ies) or person(s) for the use of the tennis center or related facilities, adversely affect the exclusion from gross income for federal income tax purposes on any interest obligation (herein "negative tax consequences") of the CITY issued to finance or refinance the tennis center or any part thereof. Such a termination shall not constitute a default on the part of either party to this Amendment. Upon such termination, it is the intent of the parties hereto to enter into a new agreement which would contain different or modified payment terms and/or amounts acceptable to both of the parties hereto, and which, in the opinion of the CITY'S bond counsel, would not have negative tax consequences. 12. NOTICES: Any notice or communication under this Agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, then by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: CITY: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 DUBIN: BJCE 2200 Highland Avenue Delray Beach, Florida 33445 Either party may at any time by giving ten (10) days written notice designate any other address or person(s) and substitution of the foregoing address or person(s) to which the notice or communication shall be given. 4 13. SIGNATURES REQUIRED: This Agreement shall not be binding unless signed by the CITY'S Mayor and City Clerk. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officials on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: Alison MacGregor Harry Jay Alperin, Mayor City Clerk Approved as to Form: Susan A. Ruby, City Attorney ATTEST: BJCE, Inc. By: Print Name: Print Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 1997 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Signature of Notary Public - State of Florida dubin-I .agt rev. 12/3096 UNITED STATES TENNIS ASSOCIATION WOMEN'S $10.000 SATELLITE TOURNAMENT AGREEMENT AGREEMENT made between the UNITED STATES TENNIS ASSOCIATION INCORPORATED (USTA), and the undersigned Tournament Promoter (PROMOTER). WHEREAS the USTA has organized a national circuit of tennis tournaments in the United States (CrR ; and WHEREAS PROMOTER desires to develop, promote and stage a Tournament (TOURNANIENT) on the CIRCUIT in accordance with the provisions hereina.~er set forth; NOW, TI:IEREFORE, USTA and PROMOTER agree as follows: I. NAMES. The official name of the TOURNAMENT shall include "USTA Satellite". PROMOTER agrees that all references to the TOURNAMENT shall, to the extent feasible, specify that the TOURNAMENT is a "USTA Event". For example: The (Title Sponsor) USTA Satellite A USTA Event Presented by (Presenting Sponsor) 2. SITES ,.~.N'D FACILITILS. PROMOTER agrees to furnish the site hereinafter named for the Tournament, including, at a minimum, the following: (a)' Sufficient championship tennis courts for Tournament play (minimum 8) and for practice use; (b) Seating for not leas than 200 spectators on the stadium or best court available; (c) Appropriate bathroom, shower and locker facilities, from which the press and public will be limited; and which will afford privacy to the players. There should be sufficient security to prevent unauthorized entry and to protec: player's personal belongings. In some cases it is recommended that an attendant be in charge. (d) A private area for the.Trainer/Physical Therapist equipped with a 6 foot table, and ice and towels provided on a daily basis for the conditioning of players. (e) A furnished tournament operation center;, (f) A media area with chairs, tables, telephones, typewriters, copy machine and a fax machine; (g) I,J'STA Tour Director's office with a telephone and fax at hand. (h) Fire, safety and first aid facilities and equipment sufficient to meet applicable codes, regulations and laws. 3. TOURNAMENT PERSONNEL AND SERVICES. PROMOTER agrees to furnish the following: (a) A knowledgeable and competent Tournament Committee; Co) A minimum of two certified roving umpires for the first two days of qualifying; two ITF white badge chair qmpires and 2-4 additional National or USTA certified chair umpires in the Main Draw (depending on number of courts) to chair all matches; nine certified line umpires for Tuesday through Sunday (Main Draw). (c) Appropriate personnel to sell and take up tickets, monitor spectators, handle :' parking, security, player transportation, registration, concessions, programs, maintenance, and all duties required to stage a first-class tournament. (d) First aid facility with a hospital, doctor and UNITED STATES TE~"~'IS ASSOCIATION ambulance on call at all times during the tournament week for medical emergencies; (e) Toweis and refreshments for players; (f) Discounted or complimentary hotel accommodations and meals for all players; (g) All TOUR~'~AMENT tickets and; (h) A Public Relations Committee with a Chairman responsible for publicity and promotional activities in consultation with the USTA National Circuit Office and USTA Public Relations Department 4. RIFLES AND REGI/LATIONS. PROMOTER agrees to abide by ITF Futures Circuit Regulations, the USTA Constitution, by-laws, Standing Orders, Rules and Regulations all as set forth in the USTA Official Yearbook copies of which PROMOTER acknowledges receiving. 5. ADM12~STRATION AND TOI. FR STAFF. The USTA will administer the CIRCU1T, including the printing and distribution of entry applications and the selection of entries in accordance with the ITl: Satellite Regulations. In addition, the USTA will provide all salary and expenses for the USTA Referee, Tour Director, one Chair Umpire and a Trainer/Physical Therapist who will staff.the TOUR~NAMENT. 6. REVEN'UE. PROMOTER shall be entitled to all revenue from the Tournament, including but not limited to, all entry fees, ticket, program, and concession revenues. (With the exception that if the USTA Circuit provides the entire prize money then an amount to be determined in consultation with the PROMOTER will be paid to the USTA out ot tournament profit, PROMOTER is not required to charge admission to the Tournament.) 7. BALLS. Wilson is the official ball of the USTA Circuits. The USTA will provide nine (9) gross of balls for tournament play, to a tournament holding a 32 Main Draw and 64 qualifying and a. 16 team Doubles event. The USTA will furnish ten (10) gross of balls, for tournament play, to a tournament holding a 32 Main Draw, an open qualifying and a 16 Doubles event. PROMOTER shall purchase additional balls as needed at the lowest available adoption price offered by Wilson. PROMOTER agrees to display the Wilson banner and coolers on court, and to provide if available a Wilson promotion booth, 8. BANNERS. Banners are not to be placed on the back walls of the courts so as to interfere with the player's vision of balls in play. No banners placed on the back walls are to be white, yellow or other light colors. .' 9. T-shirts. The U'STA will provide fifty (50) T-shirts for on court ball person uni£orn2s and volunteer staff'. Promoter may purchase additional T-shirts at the lowest available adoption price offered by the manufacturer.. T-shirts will have USTA logo and. inscription on front. UNITED STATES TE~NIS ASSOCLtTION I0. CIRCUIT PROGRAM. The USTA agrees to publish the 0~cial Circuit Program and to provide 300 copies free to PRO~VIOTER. PRO~V[OTER may purchase additional copies at a price determined by the USTA. The USTA Program is to be used exclusively. Il. CIRCUIT SPONSOR BENEFITS, The USTA is entitled to promotional benefits, including; (a) Two banners on stadium court and other banners on the TOUI~AMENT grounds; (b) Eight of the best seats available for each session of the TOUR~A.~NT; (c) USTA T-shirts for on-court ball persons; (d) Regular mentions on the Tournament public address system that the USTA is the CIRCUIT Sponsor and; (e) Assurance that local sponsor identification does not unreasonably diminish USTA identity as the CIRCLrIT Sponsor. 12. I~I'DEMNITICATION. PROMOTER recognizes that the USTA has organized the C~~ as a public service to benefit spectators, players and local communities. The USTA has no responsibility for the conduct of the TOUI~NAM~ENT, and PROMOTER agrees to indemnify and save the USTA harmless from any and all claims of every kind, nature and description in any way relating to the TOURNAMENT, the facilities used by the TOURNAMENT or the players, o~cials (other than USTA officials) and spectators at the TOURNAMENT. 13. 12~SURANCE. PROMOTER shall procure and maintain, at PROMOTER'S expense, the following insurance coverage from a company or companies licensed to do business in the state where the TOURNAMENT is held and rated "excellent" or better by Best's or a similar insurance company rating organization: (a) Commercial General Liability Insurance including spectator and participant liability. The USTA strongly recommends the amount of $2,000,000, but requires a minimum amount of at least $1,000,000 each occurrence for Bodily Injury and Property Damage in 1997; (b) Automobile Non-Ownership and Hired Car Liability in the amount of at least $1,000,000 each accident; (c) Worker's Compensation and Employers Liability Insurance for any employed personnel. USTA shall be named Additional Insured on the Commercial General Liability policy at no cost to USTA. A Certificate af Insurance or a copy of the policy or policies, containing a thirty (30) day Notice of Cancellation clause and indication that coverage applies specifically to the TOURIVAfl,IEIVT must be filed with USTA SZXTY DA Y$ prior to TO URIVAME3tT. 14. RISK OF LOSS AND ASSUMPTION OF LIABILITIES. PROM;OTER assumes all risks and is responsible for all expenses relating to the conduct c~f the TOURNEYS, including all losses and liabilities which may be incurred. ,- 15. NO ,IOENT VENTURE. Nothing herein shall constitute the parties hereto as partners or joint ventures. :. UNITED STATES TENNIS A$SOCL~.TION 16. pI~IT.E MONEY AND AMATEUR EXPENSES. PROMOTER agrees to provide, from local sources, $3,500 to be offered as prize money for players. The USTA agrees to make a grant of $6,500 to PROMOTER to be used as additional prize money for players. The USTA grant shall be delivered to PROMOTER prior to the commencement of the TOI. IRN,auMti~NT, and PROMOTER agrees to be responsible for the proper disbursement to the player's. PROMOTER agrees to make a full report to the USTA, on forms provided by the USTA, of all prize money and all amateur expenses paid to players. PROMOTER agrees to refund to the USTA that portion of the USTA grant that is not actually disbursed as prize money or amateur expenses; for the purpose of such refund, the PROMOTER's local funds shall be considered to be used first for the payment of the prize money and/or amateur expenses. 17. GUARANTEE DEPOSIT. PROMOTER herewith deposits with USTA the sum of $500 to guarantee PROMOTER'S performance under this Agreement. If PROMOTER satisfies all obligations thereunder, then such sum shall be returned to PROMOTER al'~er the TOURNAMENT. The USTA reserves the right to seek further assurances of PROMOTER'S financial responsibility in the form of additional deposits, letter of credit, and/or other security as the USTA may from time to time deem advisable. In the event that PROMOTER defaults in the performance of obligations under this Agreement, or cancels the tournament less than 120 days before the scheduled commencement date, then such sum shall be forfeited to the USTA without limiting in any way claims or rights T./STA may have against PROMOTER. 18. SANCTION. PROMOTER agrees to apply for and obtain a sanction from the applicable LrSTA Section for the TOURNAMENT, and to pay all required sanction fees. PROMOTER'S application for sanction, along with a check made payable to T3'STA Sectional Association in the amount of $100.00 for such sanction fee, is to be submitted to the I3'STA along with this Agreement. The USTA agrees to submit the same promptly to PROMOTER's USTA Sectional Association. If for any reason such sanction is not approved by the applicable LTSTA Sectional Association, then this agreement shall be terminated, and PROMOTER'S guarante~ shall be refunded. 19. M2EMBE~. PROMOTER agrees that if the site of the TOT3'RNAMENT is not operated by a TJ'STA Member Organization, a membership application for such operator is to be delivered to the U'STA Membership Department. Dues will vary .depending on category, therefore you should contact the organizational membership representative in the White Plains Office. .. 20. SITE USE. If PROMOTER is not the operator of the site of the TOURNAMENT, then PROMOTER will attach to this Agreement written permission of the operator of such site for :. the use of the site and the appropriate facilities n~cessary for the staging of the TOURNA~"d'ENT. U rrzo STATES T NN S ASSOC ON 21. USTA DRAW SHEETS. The USTA will provide the PROMOTER with official USTA Circuits draw sheets. PROMOTER agrees that these draw sheets will be used exclusively. 22. AMATEI. FR REIMBURSEMENT FORM. PROMOTER agrees to use the USTA Amateur Reimbursement Form as a record of reimbursement of'amateur expenses. 23. ENTIRE AGREEMENT. This instrument constitutes the entire Agreement between the parties. It shall be construed in accordance with the laws of the State of New York and shall be executed by both parties in duplicate. ~ WITNESS WHEREOF, the parties have duly executed this Agreement. DATE: ,~lz~ {c)6 PROMO~ ~ ' F-,~so~.,-~ ~ Richar~erman, Jr. ' [ Executive Director ~ Please Mail Ori~nal Am-cement to: United Statem Tennis Association, Inc.. Professional Cirenits Department 70 West Red Oak Lane White Plains, NY 10604 .' UNITED STATES TENNIS ASSOCIATION INFORMATIONAL SUMI~ARY TOURNAMENT NAMe: ~) TO~A~NT D~OR: TO~~NT FAC~ S~ET ADD,SS: ~: ~~. ~5c-~ STA~: ~ OF TO~A~ CO~TS: ~OOR ~ O~OO~ ~PHO~ A~ CODE: A~A~~S: Ple~e m~e sur~ that you have aRach~ t~e follo~ng to tMs A~mem. 1. ~t~ Deposit of $500.00 2. S~ion Application ~d S~ion F~ ors100.00. 3. Wdtten Authofi~tion of Operator of Facili~. .' 4. LeR~r of Sponsorship. 5. Copy of Ce~ificate of Insurance. If not aRached, to be delivered not later th~ 60 days prior to Tou~ent. " UNITED STATES TENNIS ASSOCL~TION WOMEN'S $10,000 SATELLITE TOURNAMENT AGREEMENT AGREE~-M[ENT made between the UNITED STATES TENNIS ASSOCIATION hN'CORPORATED (USTA), and the undersigned Tournament Promoter [PROMOTER). WI~REAS the USTA has organized a national circuit of tennis tournaments in the United States (CmCt~); and WI~EREAS PROlVIOTER desires to develop, promote and stage a Tournament (TOURNAMENT) on the CIRCUIT in accordance with the provisions hereinafter set forth; NOW, TtIEI~FORE, USTA and PROMOTER agree as follows: 1. NA~eLES. The official name of the TOURNAMENT shall include "USTA Satellite". PROMOTER agrees that all references to the TOURNAMENT shall, to the extent feasible, specify that the TOURNA~MENT is a "USTA Event". For example: The (Title Sponsor) USTA Satellite A USTA Event Presented by (Presenting Sponsor) 2. SITES AND FA~S. PROMOTER agrees to furnish the site hereinafter named for the Tournament, including, at a minimum, the following: (a) Suffcient championship tennis courts for Tournament play (minimum 8) and for practice use; (b) Seating for not less than 200 spectators on the stadium or best court available; (c) Appropriate bathroom, shower and locker facilities, from which the press and public will be limited; and which will afford privacy to the players. There should be sufficient security to prevent unauthorized entry and to protect player's personal belongings. In some cases it is recommended that an attendant be in charge. (d) A private area for the-Trainer/Physical Therapist equipped with a 6 foot table, and ice and towels provided, on a daily basis for the conditioning of players. (e) A furnished tournament operation center, (f) A media area with chairs, tables, telephones, typewriters, copy machine and a fax machine; (g) USTA Tour Director's office with a telephone and fax at hand. (h) Fire, safety and first aid facilities and equipment sufficient to meet applicable codes, regulations and laws. 3. TOURNA~IENT PERSONNEL AND SERVICES. PROMOTER agrees to furnish the following: (a) A knowledgeable and competent Tournament Committee; (b) A minimum of two certified roving umpires for the first two days of qualifying; two ITl: white badge chair umpires and 2-4 additional National or USTA certified chair umpires in the Main Draw (depending on number of courts) to chair all matches; nine certified line umpires for Tuesday through Sunday (Main Draw). (c) Appropriate personnel to sell and take up tickets, monitor spectators, handle :' parking, security, player transportation, registration, concessions, programs, maintenance, and all duties required to stage a first-class tournament. (d) First aid facility with a hospital, doctor and UNITED STATES TE~'<NIS ASSOCL4TION ambulance on call at ali times during the tournament week for medical emergencies; (e) Towels and refreshments for players; (f) Discounted or complimentary hotel accommodations and meals for all players; (g) All TOURNAMENT tickets and; (h) A Public Relations Committee with a Chairman responsible for publicity and promotional activities in consultation with the USTA National Circuit Office and USTA Public Relations Department 4. RULES AND REGULATIONS. PROMOTER agrees to abide by ITF Futures Circuit Regulations, the USTA Constitution, by-laws, Standing Orders, Rules and Regulations all as set forth in the USTA Official Yearbook, copies of which PROMOTER acknowledges receiving. 5. ADlVIE~ISTRATION AND TOUR STAFF. The USTA will administer the C'XRCIJ2T, including the printing and distribution of entry applications and the selection of entries in accordance with the ITF Satellite Regulations. In addition, the USTA will provide all salary and expenses for the USTA Referee, Tour Director, one Chair Umpire and a Trainer/Physical Therapist who will staffthe TOURNAMENT. 6. REVENUE. PROMOTER shall be entitled to all revenue from the Tournament, including but not limited to, all entry fees, ticket, program, and concession revenues. (With the exception that it' the USTA Circuk provides the entire prize money then an amount to be determined in consultation with the PROMOTER will be paid to the USTA out of tournament profit, PROMOTER is not required to charge admission to the Tournament.) 7. BALLS. Wilson is the official hall of the USTA Circuits. The USTA will provide nine (9) gross of balls for tournament play, to a tournament holding a 32 Main Draw and 64 qualifying and a 16 team Doubles event. The USTA will furnish ten (I0) gross of'balls, for tournament play, to a tournament holding a 32 Main Draw, an open qualifying and a 16 Doubles event. PROMOTER shall purchase addition,~l balls as needed at the lowest available adoption price offered by Wilson. PROMOTER agrees to display the Wilson banner and coolers on court, and to provide if'available a Wilson promotion booth. 8. BA.N'N'ERS~ Banners are not to be placed on the back walls of' the courts so as to interfere with the player's vision of balls in play. No banners placed on the hack walls are to be white, yellow or other light colors. .' 9. T-shirts. The USTA will provide fifty (fi0) T-shirts for on court ball person uniforros and volunteer staff. Promoter may purchase additional T-shirts at the lowest available adoption price offered by the manufacturer.. T-shirrs will have USTA logo and inscription on front. UNI D SVATeS T£N S ASSOCm 0N I0. CERCUIT PROGRAM. The USTA agrees to publish the Official Circuit Program and to provide 300 copies free to PROM;OTER. PROMOTER may purchase additional copies at a price determined by the USTA. The USTA Program is to be used exclusively. I 1. CI2RCUIT SPONSOR BENEFITS. The USTA is entitled to promotional benefits, including; (a) Two banners on stadium court and other banners on the TOURa.N'AMENT grounds; (b) Eight of the best seats available for each session of the TOURNEY; (c) USTA T-shirts for on-court bail persons; (d) Regular mentions on the Tournament public address system that the USTA is the CIRCUIT Sponsor and; (e) Assurance that local sponsor identification does not unreasonably diminish USTA identity as the CIRCUTF Sponsor. 12. INDEMN13'ICATION. PROMOTER recognizes that the USTA has organized the CIRCUIT as a public service to benefit spectators, players and local communities. The USTA has no responsibility for the conduct of the TOURNAMENT, and PROMOTER agrees to indemnify and save the USTA harmless fi.om any and all claims of every kind, nature and description in any way relating to the TOURNAM'ENT, the facilities used by the TOURNAMENT or the players, officials (other than USTA officials) and spectators at the TOURNA~NT. 13. INSURANCE. PROMOTER shall procure and maintain, at PROMOTER'S expense, the following insurance coverage fi.om a company or companies licensed to do business in the state where the TOURNAMENT is held and rated "excellent" or better by Best's or a similar insurance company rating organizationi (a) Commercial General Liability Insurance including spectator and participant liability. The USTA strongly recommends the amount of $2,000,000, but requires a minimum amount of at least $1,000,000 each occurrence for Bodily Injury and Property Damage in 1997; (b) Automobile Non-Ownership and I-fired Car Liability in the amount of at least $1,000,000 each accident; (c) Worker's Compensation and Employers Liability Insurance for any employed personnel. USTA shall be named Additional Insured on the Commercial General Liability policy at no cost to USTA. A Certificate of Insurance or a copy of the policy or policies, containing a thirty (30) day Notice of Cancellation clause and indication that coverage applies speci~cally to the TOUPUVAMENT must be filed with USTA SZXTY DA YS prior to TOURNamENT. 14. RISK OF LOSS AND ASSUMFFION OF LIABILITIES. PROMOTER assumes all risks and is responsible for all expenses relating to the conduct o~' the TOUI~.N'A~M~ENT, including ail losses and liabilities which may be incurred. : 15. NO JOINT V'E~TURE. Nothing herein shall constitute the parties hereto as partners or joint ventures. UNITED ST, ,T S T "mJS ASSOC T ON 16. PRIZE MONEY AND AMATEUR EXPENSES. PROMOTER agrees to provide, fi.om local sources, $3,500 to be offered as prize money for players. The USTA agrees to make a grant of $6,500 to PROMOTER to be used as additional prize money for players. The USTA grant shall be delivered to PROMOTER prior to the commencement of the TOURNA~'vEENT, and PROMOTER agrees to be responsible for the proper disbursement to the player's. PROMOTER agrees to make a full report to the USTA, on forms provided by the USTA, of all prize money and all amateur expenses paid to players. PROMOTER agrees to refund to the USTA that portion of the USTA grant that is not actually disbursed as prize money or amateur expenses; for the purpose of such refund, the PROMOTER's local funds shall be considered to be used first for the payment of the prize money and/or amateur expenses. 17. GUARANTEE DEPOSIT. PROMOTER herewith deposits with USTA the sum of Sf00 to guarantee PROMOTER'S performance under this Agreement. If PROMOTER satisfies all obligations thereunder, then such sum shall be returned to PROMOTER after the TOURNAMENT. The USTA reserves the right to seek further assurances of PROMOTER'S financial responsibility in the form of additional deposits, letter of credit, and/or other security as the USTA may from time to time deem advisable. In the event that PROMOTER defaults in the performance of obligations under this Agreement, or cancels the tournament less than 120 days before the scheduled commencement date, then such sum shall be forfeited to the USTA without limiting in any way claims oi' rights USTA may have against PROMOTER. 18. SANCTION. PROMOTER agrees to apply for and obtain a sanction fi'om the applicable USTA Section for the TOURNAM~ENT, and to pay all required sanction fees. PROMOTER'S application for sanction, along with a check made payable to USTA Sectional Association in the amount of $100.00 for such sanction fee, is to be submitted to the USTA along with this Agreement. The USTA agrees to submit the same promptly to PROMOTER's USTA Sectional Association. If for any reason such sanction is not approved by the applicable USTA Sectional Association, then this agreement shall be terminated, and PROMOTER'S guarantee shall be refunded. 19. MEMBERStIIP. PROMOTER agrees that if the site of the TOURNAMENT is not operated by a USTA Member Organization, a membership application for such operator is to be delivered to the LrSTA Membership Department. Dues will vary .depending on category, therefore you should contact the organizational membership represen{ative in the White Plains O~ce. 20. SITE USE. If PROMOTER is not the operator of' the site of the TOUI~N'A:~ENT, then PROMOTER will attach to this Agreement written permission of' the operator of such site for ~.. the use of the site and the appropriate facilities necessary for the sta~ng of the TOURNAMZNT. UNITED STATES TENNIS ASSOCIATION :21. USTA DRAW SHEETS. The USTA will provide the PROMOTER with official USTA Circuits draw sheets. PROMOTER agrees that these draw sheets will lie used exclusively, 22. AMATEUR REIMBURSEMENT FORM. PROMOTER agrees to use the USTA Amateur Reimbursement Form as a record of' reimbursement of'amazeur expenses. 23. ENTIRE AGREEMENT. This instrument constitutes the entire Agreement between the parties. It shall be construed in accordance with the laws of'the State of New York and shall be executed by both parties in duplicate. IN WITNESS WHEREOF, the parties have duly executed this Agreement. DATE: /4.~[~' ~, BY: R~h~rd D. Ferman, Jr. · Executive Director Please Mail Original Agreement to: United States Tennis Assm:iation, Inc. Professional Circuits Department 70 West Red Oak Lane White Plain~ NY 10604 Usn'm S'ra s Assoca'noN INFORMATIONAL SUMMARY TOURNAMENT DIRECTOR: ~c .~-'~ ~ TOURNAN[ENT FACTL~ STREET ADDRESS: ~-~--©~ # OF TOURNA/H2ENT COURTS: ,,.~' # OF PRACTICE COURTS: # INDOOR ,~ OUDOOR# PROMOTER'S STREET ADDRESS: ~zc,e.~ &,'ts, ~_-,~,~,, ~,~,~ TELEPR'OI'~ AREA CODE: _w6 t BUSII'~SS #: HOMI:#: (re~)za.r'-~ '-;,g°t FACILITY#: (J6,):2¥~r ATTACTH1V[ENTS: Please make sure that you have atlached the followi.'n~ to this Agreement. 1. Guarantee Deposit of $500.00 2. Sanction Application and Sanction 1:~ orS100.00. 3. Written Authorization of Operator of' Facility. 4. Letter of'Sponsorship. 5. Copy of Certificate of Insurance. If not attached, to be delivered not later than 60 days prior :. to Tournament. UNITED STATES TENNIS ASSOCIATION MEN'S $:50,000 CHALLENGER SERIES TOURNAMENT AGREEMENT AGREEMENT made between the UNITED STATES TENNIS ASSOCIATION INCORPORATED (USTA), and the undersigned Tournament Promoter (PROMOTER). WHEREAS the USTA has organized a national circuit of tennis tournaments in the United States (Circuit); and WHEREAS PROMOTER desires to develop, promote and stage a Tournament (TOURNAMENT) on the CIRCUIT in accordance with the provisions hereinafter set forth; NOW, THEREFORE, USTA and PROMOTER agree as follows: 1. NAMES. The official name of the TOURNAMENT shall include "USTA Challenger". PROMOTER agrees that all references to the TOURNAMENT shall, to the extent feasible, specifiy that the TOURNAMENT is a "USTA Event". For example: The (Title Sponsor) USTA Challenger A USTA Event Presented by (Presenting Sponsor) 2. SITES AND FACILITIES. PROMOTER agrees to furnish the site hereinafter named for the TOURNAMENT, including, at a minimum, the following: (a) Sufficient championship tennis courts for the TOURNAMENT (minimum 5) and for practice use; (b) Seating for a minimum of 750 spectators on the stadium or best court available; (c) Appropriate bathroom, shower and locker facilities from which the press and public will be limited, and which will afford privacy to the players. There should be sufficient security to prevent unauthorized entry and to protect players' personal belongings. In some cases, it is recommended that an attendant be in charge; (d) A private area for the Trainer/Physical Therapist equipped with a 6 foot table, and ice and towels provided on a daily basis; (e) A furnished tournament operations center; (f) A media area with chairs, tables, telephones, typewriters, copy machine, and a fax machine; (g) A USTA Supervisors office with a telephone and fax at hand; (h) Fire, safety and first aid facilities and equipment sufficient to meet applicable codes, regulations and laws. 3. TOURNAMENT PERSONNEL AND SERVICES. PROMOTER agrees to furnish the following: (a) A knowledgeable and competent Tournament Committee; (b) one ATP Certified Chair Umpire to work under the direction of the Chief of Umpires for the duration of the TOURNAMENT; (c) Officials for each court during TOURNAMENT (Qualifying-Chair Umpire and five Linesmen; Main Draw-Chair Umpire and seven Linesmen); (d)' Appropriate personnel to sell and take up tickets, monitor spectators, handle parking, security, player transportation, registration, concessions, programs, maintenance, and all duties required to stage a first-class tournament; (¢) First aid facilities with a hospital, doctor and ambulance on call at all time~ during the TOURNAMENT week for medical emergencies; (f) Towels and refreshments for players; (g) Discounted hotel accommodations for all 'players (Singles and Doubles), unless Hospitality is elected as proscribed in the ATP Tour Tournament Regulations (Article I.U. 1); (h) All TOURNAMENT tickets; and (i) A Public Relations Committee with a Chairman responsible for publicity and promotional activities in consultation with the USTA National Circuit Office and USTA Public Relations Department. 4. RULES AND REGULATIONS. PROMOTER agrees to abide by the Official Rulebook of the ATP Tour, the USTA Constitution, By-Laws, Standing Orders, Rules and Regulations all as set forth in the USTA Official Yearbook, copies of which PROMOTER acknowledges receiving. 5. ADMINISTRATION AND TOUR STAFF. The U'STA will administer the CIRCUIT, and shall provide all salary and expenses for the USTA Supervisor/Referee, two Certified Chair Umpires, and the Trainer/Physical Therapist. The USTA reserves the right to approve PROMOTER'S Chief of Umpires, the ATP certified Chair Umpire and all other on-court officials as provided by the PROMOTER. 6. KEVENUE. PROMOTER shall be entitled to all revenue from the TOURNAMENT, including, but not limited to, ticket, program and concession revenues. (With the exception that if the USTA provides the entire prize money, than an amount determined by the USTA, in consultation with the PROMOTER, will be paid to the USTA out of TOURNAMENT profit). PROMOTER is not required to charge admission to the TOURNAMENT. 7. BALLS. Wilson is the official ball of the USTA Circuits. The USTA will provide 10 1/2 gross of ball~ for TOURNAMENT play. PROMOTER shall purchase additional balls az needed at the lowest available adoption price offered by Wilson. PROMOTER agrees to display the W'flson banner and coolers on court and to provide, if available, a Wilson promotional booth. 8. BANNERS. Banners are not to be placed on the back walls of the courts so as to interfere with the players' vision of balls in play. No banners placed on the back walls are to be white, yellow or other light colors. 9. T-SHIRTS. The USTA will provide 50 T-shirts free for on court ball persons uniforms. PROMOTER may purchase additional T-shirts at the lowest available adoption price offered by the manufacturer. T-shirts will have the USTA logo and an inscription on the front. 10. CIRCUIT PROGRAM. The USTA agrees to publish the Official Cfi'cult Program and to provide $00 copies free to PROMOTE1L PROMOTER may purchase additional copies at a price determined by the USTA. The USTA Program is to be used, exclusively. 11. CIRCUIT SPONSOR BENEFITS. The USTA is entitled to promotional benefits, including (a) Two banners on stadium court and other banners on the TOLTRNAMENT grounds; (b) Eight of the best seats available for each session of the TOURNAMENT; (c) USTA T-shirts for on- court ball persons; (d) Regular mentions on the TOURNAMENT public address system that the USTA is the CIRCUIT Sponsor and (e) Assurance that local sponsor identification does not unreasonably diminish USTA identity as the CIRCUIT Sponsor. 12. INDE~CA~ON. PROMOTER recognizes that the USTA has organized the CIRCUIT as a public service to benefit spectators, players and local communities. The USTA has no responsibility for the conduct of the TOURNAMENT, and PROMOTER agrees to indemnify and save the USTA harmless from any and all claims of every kind, nature and description in any way relating to the TOURNAMENT, the facilities used by the TOURNAMENT or the players, officials (other than USTA officials) and spectators at the TOURNAMENT. 13. INSURANCE. PROMOTER shall procure and maintain, at PROMOTER'S expense, the following insurance coverage's from a company or companies licensed to do business in the state where the TOURNAMENT is held and rated "excellent" or better by Best's or a similar insurance company rating organization: (a) Commercial General Liability Insurance 'including spectator and participant liability. The USTA strongly recommends the amount of $2,000,000, but requires a minimum amount of at least $1,000,000 each occurrence for Bodily Injury and Property Damage in 1997; (b) Automobile Non-Ownership and Hired Car Liability in the amount of at least $1,000,000 each accident; (c) Worker's Compensation and Employers Liability Insurance, as required by state law, for any employed personnel. USTA shall be named Additional Insured on the Commercial General Liability policy at no cost to USTA. A Certificate of Insurance or a copy of the policy or policies, containing a thirty (30) day Notice of Cancellation clause and indication that coverage applies specifically to the TOURNAMENT, must be filed with the USTA Director of Pro Circuits sixty (60) days prior to TOURNAMENT. 14. RISK OF LOSS AND ASSUMPTION OF LIABILITIES. PROMOTER assumes all risks and is responsible for all expenses relating to the conduct of the TOURNAMENT, including all losses and liabilities which may be incurred. 15. NO JOINT VENTURE. Nothing herein shall constitute the parties hereto as partners or joint venturers. 16. PRIZE MONEY AND AMATEUR EXPENSES. PROMOTER agrees to provide, from local sources, $25,000 to be offered as prize money for players. The USTA agrees to make a grant of $25,000 to PROMOTER to be used as additional prize money for players. The USTA grant shall be delivered to PROMOTER prior to the commencement of the TOUR.N~~, and PROMOTER agrees to be responsible for the proper disbursement to the player's. PROMOTER agrees to make a full report to the USTA, on forms provided by the USTA, of all prize money and all amateur expenses paid to players. PROMOTER agrees to refund to the USTA that portion of the USTA grant that is not actually disbursed as prize money or amateur expenses; for the purpose of such refund, the Promoter's local funds shall be considered to be used first for the payment of the prize money and/or amateur expenses. 17. GUARANTEE DEPOSIT. PROMOTER herewith deposits with USTA the sum of $5,000 to guarantee PROMOTER'S performance under this Agreement. If PROMOTER satisfies all of PROMOTER'S obligations hereunder, then such sum shall be returned to PROMOTER after the TOUR.NAMENT. The USTA reserves the right to seek further assurances of PROMOTER'S financial responsibility in the form of additional deposits, letter of credit, and/or other security as the USTA may from time to time deem advisable. In the event that PROMOTER defaults in the performance of obligations under this Agreement, or cancels the TOURNAMENT less than 120 days before the scheduled commencement date, then such sum shall be forfeited to the USTA without limiting in any way claims or rights USTA may have .against PROMOTER. 18. SANCTION. PROMOTER agrees to apply for and obtain a sanction from the applicable USTA Section for the TOUlZ2qAMENT and to pay all required sanction fees. PROMOTER'S application for sanction, along with a check made payable to the USTA Sectional Association in the amount of $fi00 for such sanction fee, is to be submitted to the USTA along with this Agreement. The USTA agrees to submit the same promptly to PROMOTER'S USTA Sectional Association. If for any reason such sanction is not approved by the applicable USTA Sectional Association, then this Agreement shall be terminated, and PROMOTER'S Guarantee Deposit shall be refunded. 19. MEMBERSHIP. PROMOTER agrees that if the site of the TOUR1N'AM~NT is not operated by a USTA Member Organization, a membership application for such operator i's to be delivered to the USTA Membership Department. Dues will vary depending on category, therefore you should contact the organizational membership representative in the White Plains office. 20. SITE USE. If PROMOTER is not the operator of the site of the TOURNAMENT, then Promoter will attach to this Agreement written permission of the operator'of such site for the use of the site and the appropriate facilities necessary for the staging of the TOURNAMENT. 21. USTA DRAW .SHEETS. The USTA will provide the PROMOTER with official USTA Circuits draw sheets. PROMOTER agrees that these draw sheets will be used exclusively. 22. AMATEUR REIMBURSEMENT FORM. PROMOTER agrees to use the USTA Amateur Reimbursement Form as a record of reimbursement of amateur expenses. 23. ENTIRE AGREEMENT. This instrument constitutes the entire Agreement between the parties. It shall be construed in accordance with the laws of the State of New York and shall be executed by both parties in duplicate. IN WITNESS WHEREOF, the parties have duly executed this Agreement. · '-m.~,,.,)',-~,~,.~/7 ' f ~...~., /j Richard~l~.' l~efman, Ir. "- ' [ Executive Director Please mail ALL Contract Information to: Michele Padovano Circuit Coordinator USTA Circuits Department 70 West Red Oak Lane White Plains, NY 10604 UNITED STATES TENNIS ASSOCIATION INFORMATIONAL SUMMARY TOURNAMENT DIRECTOR: U/-,~ ~ (-~ TOURNAMENT FAC~ITY:~~v ~ ~ ~&~ ~ (~ S~ACE: TO~~~ FACILITY S~ET ~D~SS: ~ ~ ~ · ,~~ CITY: ~ a ~~~ ~ STATE: ~c..~ Z~: ~z~ qyy ~ OF TO~~~ CO~TS: ~ OF P~CTICE CO~TS: ~OOR: O~OOR: QU GD WSIZ : 3m DATSS: PROMO~R: ~c~ ~ ~~~'x PROMOTER'S ST~ET ~D~SS: ~ ~~ CITY:~~v~~c~ STATE: ~LEPHO~~ACODE: ~el BUS~SS~: ~ -7~6~ ATTACHMENTS: Please make sure that you have attached the following to this Agreement: 1. Guarantee Deposit of $5,000.00. 2. Sanction Application and Sanction Fee of $500.00. 3. Membership Application and Membership Fee. 4. Written Authorization of Operator of Facility. 5. Letter of Sponsorship. If not attached, to be delivered no later than 6 months prior to Tournament. 6. Copy of Certificate of Insurance. If not attached, to be delivered no later than 60 days prior to Tournament. 6/4/96 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~I~ SUBJECT: AGENDA ITEM # ~G - MEETING OF JANUARY 7, 1997 BID AWARDS TO VARIOUS VENDORS/FIRE DEPARTMENT MEDICAL AND DRUG SUPPLIES DATE: JANUARY 3, 1997 This is before the Commission to consider approval of multiple awards for medical and dru9 supplies for the Fire Department Emergency Medical Services. This is a joint bid with the City of Boynton Beach. The Fire Department reviewed the 24 bids received, and recommends awarding to the lowest responsive bidders as detailed in the attached staff reports for all items except 149-152, 154 and Group X. Staff recommends rejection of all bids for Items 149-152, 154 and Group X; award of Items 149-152 to Aero Products via a Metro-Dade bid; award of Group X to Sure-Loc, Inc. via a Palm Beach County bid; and rebidding of Item 154. Recommend approval of the multiple awards for the EMS medical and drug supplies, in the estimated annual amount of $121,963.21 from Fire Operations - Operating Supplies (Account No.001-2315-526- 52.20), and rebidding of Item 154. Agenda Item No.: 7~- AGENDA REQUEST Date: December 17, 1996 Request to be placed on:, X Regular Agenda Special Agenda Workshop Agenda When: 3anuary 07, 1996 Description of agenda item (who, what, where~ how much): Bid Award - Bid # 96-69 - Medical And Drug Supplies Annual Contract. Multiple awards to various vendors ~t an estimated annual cost of $121,963.21 for the City of Delray ~¢ach F~re Dept. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Multiple awards to various vendors for the Medical And Drug Supply Bid #96-69. Funding from the Fire Department's operating expense budget. for fiscal yr. 96-97. ,Department Head Signature:~~~ Determination of Consistency w'~h ~mprehensivekPlan:~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds ): Funding available: E~/ NO Funding alternatives: ' (if applicable) Account No. & Des~.~p~i~o,n: 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, Senior Buyer~ THROUGH: Goseph Sa~,nance Director DATE: December 17, 1996 SUBJECT: DOCUMERTATION - CITY COI~ISSION MEETING JA.I~Ii~Y 07, 1997 - BID AW~R.D - BID #96-69 MEDICAL AND DRUG SUPPLIES - ANNUAL CONTRACT Item Before Commission: The City Commission is requested to make multiple awards to low responsive bidders, as stated below, at an estimated annual cost of $121,963.21 for the City of Delray Beach. Background: The City of Delray Beach is the lead organization for this joint bid with the City of Boynton Beach. Bids were received on October 24, 1996, from twenty-four (24) vendors, all in accordance with City purchasing policies. (Bid #96-69. Documentation on file in the Purchasing Office.) A tabulation of bids and award recommendation per group and/or item number is attached for your review. The Fire Department has reviewed the bids, and recommend multiple awards to low responsive bidders, per attached memorandums. The Fire Department also recommends rejection of all bids for Group X, and item's 149, 150, 151, 152, and 154, due to changes in patient treatment procedures. Group X, recommendation is to award to Sure-Loc, Inc. as a sole source manufacturer for cervical collars. Item's 149 thru 152, recommendation is to award to Aero Products/Medic Master via Metro Dade bid #1488-2/00-OTR-CW for disposable gloves, and item #154 will be re-bid for for the Morrison Head Vise II. See attached memos dated November 25 and December 6, 1996, from Lt. Dennis Morley, EMS Supply Officer. Vendor: Estimated Amount: Aero Products $ 19,321 30 Sun Belt Medical Supply Inc. $ 22,351 40 Southeastern Emergency Equipment $ 29,384 30 Promed, Inc. $ 549 78 Moore Medical Corporation $ 9,844 50 Suncoast Surgical Supply $ 1,843 59 Quad Med Inc. $ 2,112 20 Med M.D. $ 213 74 Richie Pharmacal Co. $ 90 00 Advanced Medical & Pharmaceutical $ 2,670 68 Wound Therapy Specialist $ 309 96 Greenfield Medical Products Inc. $ 12,410.25 Micro Bio-Medics $ 721.56 Industrial Safety Equipment Inc. $ 33.95 Amub, Inc. $ 672.00 Aero Products/Medic Master $ 8,766.50 Sure-Loc Inc. $ 10,667.50 Total Estimated Annual Cost $121,963.21 Recommendation: Staff recommends award to various vendors as outlined above. Funding from Fire Departments operating expense budget. Attachments: Tabulation of Bids Award Recommendation Per Group/Item City of Delray Beach's Requirements Memo From Pro-Med Inc. Memo From Micro Bio-Medics Inc. Memos from Fire Department Dated November 25, and December 6, 1996 cc: Lt. Dennis Morley, Paramedic Lieutenant Michael Widgerson, Asst. Fire Chief Lana Koester, Purchasing Agent, City of Boynton Beach [lTV OF DELRFI¥ BEI:I[H Ali. America City Oacklyn Rooney, Senior Buyer '~FROM: Lt. Dennis Morley, EMS Supply Officer 1993 DATE: November 25, 1996 SUBJECT: Bid #96-69, EMS Supplies The following are my recommendations for this coming year's EMS supply bid: GROUP BIDS Group I Aero $23,056.18 Group II Sun Belt Medical 16,158.40 Group III Southeastern Emergency Equipment 7,184.30 Group IV Promed Inc. 610.02 Group V Moore Medical 2,226.80 Group VI Southeastern Emergency Equipment 20,210.00 Group VIII Moore Medical 7,381.55 Group IX Suncoast Surgical Supply 1,875.63 INDIVIDUAL ITEM BIDS Promed Inc. items 102,106~ ~ Quad Medical items 103,104, 105, & 156 Advanced Medical items 118,125,128,131 & 144 Med M.D. items 107,133 & 143 Suncoast Surgical items 108 & 146 Moore Medical items 109,110,111,136,139,145 & 148, 159 Richie Pharmacal item 112 FIRE DEPARTMENT HEADQUARTERS 501 WEST ATLAN · T,~ AVENUE · DELRAY BEACH, FLORIDA 33444 407/243-7400 · SUNCOM 928 7400 · FAX 407/243-7461 Printed or? Recy/ed Paper Sun Belt Medical items 114,115,116,117,119,120,121, 122,123,124,126,127,129 & 155 Industrial Safety Equipment item 113 Aero Products item 130 Southeastern Emergency Equip items 132 & 157 Wound Therapy items 134,158 & 135 Micro Bio Medics items 138 & 153 Greenfield Medical item 137, 140, t41 Boca Raton Surgical item 147 Ambu item 142 If I can help in any way please contact me at 243-7442. Don Parame~c Lieutenant [lTV' OF DELRFI¥ BEI:I[H DELRAY BEACH Ali. America Ci~ 1993 TO: dacklyn Rooney, Senior Buyer FROM: Lt. Dennis Morley, EMS Supply Officer DATE: November 26, 1996 SUBJECT: Bid Changes Since the time that I submitted the Fire Department EMS supply bid, we have made two important changes in our patient treatment procedures. The first change was to begin using the Morrison Head Vise II in place of the Headbed II Cervical Immobilization Device for trauma patients. This is item #154 and will be a "no substitute" item. Secondly, we have replaced the Stiff Neck Immobilization Collars with the Sure Loc Cervical Collars. This comprises Group X and is also a "no substitute" item. Do we need to rebid these items? Please, advise me of the next step. ParamedJc-IJedtenant FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 407/243-7400 ,, SUNCOM 928-7400 · FAX 407/243-7461 CITY OF DELRAY BEACH AWARD RECOMMENDATION MEDICAL/DRUG SUPPLIES BID #96-69 GROUP A~L~RDS: Item Group # Description Vendor Total Price Coraments I. Anesthesia/ Aero Products $23,056.18 ~/Award to Aero Respiration Corporation Products - Low Bidder Equipment Promed Inc. withdrew Supplies bid due to error per attached letter dated 11/26/96 II. Misc. Sun Belt $16,158.40 Low Bidder Intravenous Medical Supplies Supply III. Blood Pressure Southeastern $ 7,184.30 Low Bidder & Blood Flow Emergency Equip. Detection Equip. IV. Special Promed Inc. $ 610.02 Low Bidder Instruraents V. Tracheal Moore Medical $ 2,226.80 Low Bidder Tubes Corp. VI. Catheters, Southeastern $20,210.00 ~/Award to Southeastern IV/Needles Emergency as low bidder - Micro Equipment Bio Medics withdrew bid per attached letter dated 11/13/96 VII. Catheters, Sun Belt $ 2,739.00 Low Bidder IV/Needles Medical CITY OF BOYNTON BEACH ONLY VIII. Bandages, Moore Medical $ 7,381.55 Low Bidder Dressings Corp. IX. Syringes/ Suncoast $ 1,875.63 Low Bidder Needle Surgical Supply X. Anatomical Sure-Loc Inc. $14,067.50 Reject All Bids - Supplies Due to changes in Stiff Neck -ES Fire Dept. patient treatment procedures and award to Sure-Loc Inc. - per Palm Beach County Bid #96-111/JR GROUP XI - MISCELLANEOUS ITEMS TO BE AWARDED INDMDUALLY: Item Item Unit ~ Description Vendor Price Comments 102. Emergency Promed Inc. $ 64.84 ea. Low Bidder Cricothyrotomy Catheter Sets 103. Butterfly Quad Med Inc. $ 16.35 box Low Bidder Catheters 23 Ga. x 3/4" 104. Butterfly Quad Med Inc. $ 16.35 box Low Bidder Catheters 21 Ga. x 3/4" 105. K-Y Jelly Quad Med Inc. $ 2.35 box Low Bidder 2.7 oz. Single of 100 use Foil Packs 106. Intraousseus Promed Inc. $ 15.70 ea, Low Bidder Needle, Disp. 107. Prep Razors Med M.D. $ 19.79 box Low Bidder 100 p/box 108. Tourniquets Suncoast $ 9.00 box Tie Bid w/Moore 18" x 1" Surgical of 100 Medical - Award to Non-sterile Supply Suncoast Surgical - closest to Delray 109. Nitro Spray Moore Medical $ 21 79 ea. Low Bidder (Nitrolingual) Corporation 110. Ipecac Syrup Moore Medical $ 11 16 box Low Bidder Corporation 111. Nifedipine Moore Medical $ 3 32 btl. Low Bidder Procardia Caps Corporation of 100 112. Albuterol Richie $ 9 00 box Low Bidder Sulfate Pharmacal Co. 113. Ammonia Industrial $ 97 box Low Bidder Inhalants Safety Equip. Inc. 114. Sodium Sun Belt Medical $ 1 59 ea. Low Bidder Bicarbonate Supply Inc. Injection Syringe 115. Atropine Sun Belt Medical $ 1.62 ea. Low Bidder Syringe Supply Inc. Item Item Unit # Description Vendor Price Comments 116. Diphenhydramine Sun Belt Medical $ 1.94 ea. Low Bidder Syringe Supply Inc. 117. Bretylium Sun Belt Medical $ 2.18 ea. Low Bidder Tosylate Supply Inc. Syringe 118. Dextrose Advanced Medical $ 1.88 ea. Low Bidder Syringe & Pharmaceutical 119. Epinephrine Sun Belt Medical $ 2.29 ea. Low Bidder - Moore Syringe Supply Inc. Medical's bid did 1 mg. 1 ml. not contain stick- guard protection 120. Epinephrine Sun Belt Medical $ 1.62 ea. Low Bidder Syringe Supply Inc. 1 m9. 10 mi. 121. Dopamine Sun Belt Medical $ 1.69 ea. Low Bidder Syringe Supply Inc. 400 mg. 10 ml. 122. Lidocaine Sun Belt Medical $ 1.62 ea. Low Bidder - Moore Syringe 2% Supply Inc. Medical's bid did not contain stick- ~uard protection 123. Lidocaine Sun Belt Medical $ 4.14 ea. Low Bidder Premixed Supply Inc. 124, Naloxone Sun Belt Medical $ 7.04 ea. Low Bidder - Moore Syringe Supply Inc. Medical bid did not contain stick- guard protection and Blue Ridge bid an item which is now discontinued 125. Sodium Advanced Medical $ 1.88 ea. Low Bidder Bicarbonate & Pharmaceutical Syringe Suppliers, Inc. 126. Furosemide Sun Belt Medical $ 2.29 ea. Low Bidder Syringe Supply Inc. 127. 50% Magnesium Sun Belt Medical $ 50.00 box Low Bidder(s) Sulfate Supply Inc. Moore Medical and Injection Blue Ridge's bids did not contain stick-guard protection Item Item Unit # Description Vendor Price Comments 128. Nitroglycerin Advanced Medical $ .2625 ea. Low Bidder (2% Ointment & Pharmaceutical ointment as specified - different packaging) 129, Adenocard Sun Belt Medical $ 23.68 ea. Low Bidder (Adenosine) Supply Inc. 130. Burn Sheets Aero Products $ 45.60 case Low Bidder Sterile 60x90 131. Disposable Advanced Medical $ 75.60 case Low Bidder Blankets & Pharmaceutical 54 x 80 132 Stretcher Southeastern $ 1.60 ea. Low Bidder Pillows Emergency Disp. 14x20 Equipment 133 Povidone Med M.D. $ .89 btl. Low Bidder Iodine Solution 8 oz. bottle 134 Hydrogen Wound Therapy $ .30 btl. Low Bidder Peroxide 3% Specialist 16 oz. bottle 135 Isopropyl Wound Therapy $ .39 btl. Low Bidder Rubbing Alcohol Specialist 16 oz. bottle 136 Sterile Water Moore Medical $ 1.17 btl. Low Bidder 1000 cc Corporation plastic bottle 137 O.B. Kits Greenfield $ 4.64 ea. Low Bidder Medical 138. Scalpel Micro $ 4.20 box Low Bidder Sterile Bio-Medics of 10 ea. #11 Blade 139. Penlights Moore Medical $ 4.02 pack Low Bidder Disposable Corporation 6 per pack 140. Bag Valve Mask Greenfield $306.00 case Low Bidder - Ambu Adult Disp. Medical Products of 12 Inc. bid a ($153 case 6) substitute item Item Item Unit Description Vendor Price Comments 141. Bag Valve Mask Greenfield $324.89 case Low Bidder Child Disp. Medical Products of 12 (162.45 case 6) 142. Bag Valve Mask Arabu Inc. $ 14.00 each Low Bidder - Infant Promed Inc. bid a substitute item 143. Red Disposable Med M.D. $ .15 each Low Bidder Bags 33 gal. 144. Aerozoin Advanced Medical $ 3.25 each Low Bidder 3.5 oz. can & Pharmaceutical 145. Cold Packs Moore Medical $ 6.50 case Low Bidder Adult Size Corporation 146. Red Disposable Suncoast $ 21.50 case Low Bidder Bags For Surgical Biohazard Supply 147. Disposable Boca Raton $ 26.25 box Low Bidder Goggles Surgical Supply 148. Bite Sticks Moore Medical $ 1.83 bag Low Bidder Corporation 149. Latex Gloves Aero Products/ $ 98.50 case ~ (Item's 149, 150, Large Medic Master 151, and 152 - Reject all bids 150. Latex Gloves Aero Products/ $ 98.50 case and award to Aero Medium Medic Master Products/Medic Master via Metro 151. Latex Gloves Aero Products/ $ 98.50 case Dade Bid #1488- Small Medic Master 2/00-OTR-CW per attached letter 152. Latex Gloves Aero Products/ $ 98.50 case dated 12/06/96 X-Large Medic Master from Fire Dept.) 153. Disposable Micro Bio-Medics $ 70.56 case Low Bidder Sharps Collector Tray 1.4 qt. 154. "The Headbed II" ~/Reject all Bids due to changes in the Fire Dept patient treatment procedures This item will be re-bid Item Item Unit Description Vendor Price Comments 155. Ringers Sun Belt Medical $ 15.90 case Low Bidder Lactate Supply Inc. 1000 ml. 156. Adult EKG Quad Med Inc. $ 152.10 case Low Bidder Electrodes of 900 157. Pediatric EKG Southeastern $ 133.00 case Low Bidder Electrodes Emergency Equip. of 900 158. Antimicrobial Wound Therapy $ .03 each Low Bidder Towelettes Specialist 159. Single Patient Moore Medical $ 4.50 each Low Bidder Vent Circuit Corporation 10075 So. Fedaral Hwy, guS~ ~ 16 Po~ St. Lucic, FL 349.52 P'ho~c '$61-337-1 ~2'9 November 26, 1996 City of D~lray Beach 100 N.W. Is~ Ave. Delray Beach, FL 33444 Attn.: Jackie Rooncy Dear Ms. Roo~ey, Pursuant to our conversation today regarding item 14 of group I in Bid #96-69. We made a miscalculation on thc cost of this item and will have to withdraw our quote. I apologize for any inconvenience this may have oiusod you if you should have any questions regarding this letter please feel frec to contact me at (561) 337-1229. Sincerely, Frank C. l'hwt~ll ltl Regional Ropres~tative 11=13-1996 9:17AM FROM MICRO BIO-MEDICS 90A3631~96 8930 Western Way, Su~le 5 Jacksonv;l~e, FL 32256 (904) 363-1336 (904) 363-1496 Fax NASDAQ Sym~'~l MBM[ City of Delray Beach Attn: Jacklyn Rooney 100 N.W. ]st Avenue Delray Beach, Fl. 33444 Dear Ms_ Rooney, Due to a clerical error, please withdraw Micro Bio-Medics . from Group 6, items 65-70 per bid no. 96-69_ -~,~ .... s..~,~ ..... We regret any inconvenience this may have caused_ If you have any further questions please feel free to contact our office at your earliest convenience. Sincerely, ~'~%~" .... Tom Rokovitz General Manager . [ITY (IF [IELARY BEI:I£H FIRE DEPARTMENT sERv,,~o DELRAY BEACH · GULF STREAM · HIGHLAND BEACH DELRAY BEACH ~ 99~VI E M O R A N D U M ,m'~. ,,.,,, ....... TO: DAVID HARDEN, CITY MANAGER FROM: D.R. TRAWICK, DIVISION CHIEF DATE: JANUARY 3, 1997 SUBJECT: LATEX GLOVE BID #96-99 I have spoken to Lt. Dennis Morley in reference to the question raised by your office on the Latex Glove bid and the "piggyback" of Metro Dade Counties Bid. It appears that our spread sheet is not accurate in the way it shows the bids. Ten (10) companies bid on the gloves however only one (1) company, Aero Products, meet the specifications of the bid. The other nine (9) bids did not meet the required specifications. In some vendors bids the amount of gloves in each case was also not shown on the spread sheet. We have been using the "NFPA 1999" (1992 edition) specifications for the past two years, a copy is attached. This was also attached to each request for bid sent to each vendor for the past two years. The only company to meet the specifications is Aero Products. Aero Products is the company that we awarded the bid to in the past year. This year we were made aware of a bid from Metro Dade County and we were able to "piggyback" that bid and achieve approximately $5,500 in savings over last year. In conclusion, the other 9 vendors did not meet the required bid specifications and a lower price was secured by "piggybacking" another bid from the company that did meet the specifications. D.R.Trawick Division Chief FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 407/243 7400 · SUNCOM 928-7400 · FAX 407/243-7461 Pnnted en Recyled Paper $~N7 BY:AERO PP, ODUCi'S CORP ; 'T-1.5-~S ;12:04F',~ ; AERO PRODUC?,S~ 40'7 '?~JU ~J.5~,7;~ l; CONTRACT AWARD SHEET Bi.O NO,: I~B8-2/O0-OTR-CW (Pre,~{ous Bid GLOVES, LATEX FOR METROPOLITAN DADE cOUNTY DEPARTMENTS FOR A TWO (2) '(EAR PERIOD WITH COUNTY OPTION TO RENEW FOR TWO (2) YEARS CONTRACT PERIOD: 8/i/96 thru 7/3!/98 COMMODITY CODE: 475-41 OTR YEARS: TWO (2) PART #1: VENOOR$ AWARDED F.E.I.N.: 591897336 VENDOR: AERO PRODUCTS CORP. STREET! 700 AERO CANE CITY/STATE/ZIP: SANFORD, FL 3277~ F,O.B. TERMS: DESTINATION PAYMENT TER~S: NET 30 D~ys DELIVERY: 15 DAYS A.R.O. PHONE: 800-~92-~376 FAX; 800-642-7898 CONTAC'T: LEV SAN FELIC~ PART #~: ITEMS AWARDED OLOVES, LATEX, DCER-IT, DC.ER-~T, DCER-3T, OCER-4T ................ $~8.~0/CAS~ DIGITCARE CORPORATION, DeER-ST (XXL) ............................. $99.SO/CASE PART #3; AWARD !NFOR_M~?]ON (X)BCC AWARD DATE: 7/8/96 AGENDA N: 6A07 BIDS & CONTRACTS RELEASE DATE: 7/5/96 OTR YEAR; N/A ADDITIONAL ITEMS ALI. UWED: SEE SECTION 2.0, PARA. 2,31 SPECIAL CONDITIONS: NONE TOTAL VACUE: $~,339,776,00 MODIFIED V~LUE: USED OOLLAR A~OUNT g.?~ENT FIRE $400,000.00 HUMAN SERVOCES $ 48,000.00 ~CORRECTIONS $800,000.00 M,D,P,D. $ ]0,000,00 MEDICAL EXAMINER $ 27,000,00 PROCUREMENT SPECIFICATION SPECIALIST: MALCOLM R, CLARK, CPPB MRC/abw 07-09-95 AERO Products Corporation Sanford, Florida 32771 407-330-5911 8OO-292-2376 If J~8 PP~I~RP Fax 800-642-7895 DECEMBER 9, 1996 MR. DENNIS MORLEY DELRAY BEACH FIRE DEPT. 501 W. ATEANTIC AVE. DELjRAY BEACH, Fl] 33449 AERO PRODUCTS CORPORATION/MEDICMASTER IS PI~EASED TO EXTEND TO THE CITY OF DELRAY BEACH FIRE DEPT. BID NUMBER 1488-2/O0-OTR-CW FOR THE PURCHASE OF LATEX GLOVES. I HAVE ENCIJOSED TIIE COVER SHEET FOR THE ORIGINAU BID, THE BID SPECIFICATION SHEET SHOWING THAT THIS BID ALSO INCtJUDES PAIjM BEACH COUNTY AND THE BID PROPOSAL SHEET SHOWING CASE PRICES AND PART NUMBERS. PRICES WIlJj BE FOB DESTINATION. THANK YOU:FOR THE OPPORTUNITY TO SUPPljY THE CITY OF DE1.RAY BEACH FIRE DEPART- MENT FROM THIS BID. SHOUIjD YOU NEED FURTHER INFORMATION, I~EASE FEEL FREE TO CAE[ ME. I~EW SANFEl~ICE CONTRACTS MANAGER m- '~a orogram ' ,...ma. CC x, clu - ,' = s~-stcnl for idem ..t~cturcr sl~a -,;,m sl~tus "~ materials, - s, Size "DO NOT REMOUE TttlS CERTIFIC.~TION 1999- 11 2-6.3 All portions of thc required glove and package 2-7.3 Ail portions of the required face protection device product labels shall be printed at least in English. All labels and package product labels shall be printed at least in shall be clearly legible to the eye. English. ~1 labels shall be clearly legible to the eve. 2-6.4 The glove and package product labels sball bear the 2-7.4 Tbe face protection device and package prodnct ccrtitication label, symbol, or identity'trig mark of the certi- labels shall bear the certification label, symbol, or identif~'- fication organization denoting compliance. The label, sym- ing mark of the certification organization denoting comph- bol, or identifying mark printing shall be in at least I/4 in. ance. The label, symbol, or identi~,ing mark printing shall (6.0 mm) high letters, be in at least ~/4 in. (6.0 mm) high letters. 2-7 Face Protection Device Product Labeling. 2-8 Garment User Information. 2-7.1 Thc emergency medical thee protection device shall 2-8.1 The manufacturer of emergency medical garmcnt~ bavc a face protection device product label in a conspicu- ccrtilicd as being compliant with this standard shall ous location nol inlel'l~'l'illg with vision I}l:lt includes thc vide thc lbllowing illstrtlclit}ns alld intbrmation with eacta' Ibllowing slatcnlent printed in al least ~/~ in. (6.0 mm) bigb garment: letters. (a) Cleaning instructions: "MEETS NFPA 1999 (1992 EDITION)" (b) Marking and storage instructions; (c) Frequency and details of inspections; 2-7.2 Each imckagc comaining onc or more emergency (d) Maintenance criteria; medical lhcc prolcclion devices shall have a package prod- tlCl label pcrmancmly and conspicuously attached to tbc (e) How to use test equipmem, wbere applicable; outside of thc package upon which al least thc tbllnwing (t) Method of repair, if recommended by nlanuthclurcr: warnings and intbrmation arc printed in at least I/~6 in. (1.5 mm) high loners. (g) Warranty iutbrmation. "THIS EMERGENCY MEDICAL FACE PROTEC- 2-8,2 The manuhcturer of emergency medical garments TION DEVICE MEETS THE REQUIREMENTS OF shall also furnish training materials tbat address, bm arc NFPA 1999, STANDARD ON PROTECTIVE not limited to: CI.OTItlN(; FOR EMER(;ENCY MEDICAL OPE~- (a) Donning procedures; TIONS, 1992 EI)ITION. (b) Doffing procedures; WARN 1NG (c) Safety considerations; THIS FACE PROTECTION I)EVICE MAY BURN. (d) Optimum storage conditions; IT iqAS NOT BEEN REQUIRED 'FO MEET A (c) Recommended storagelil~; FI.AMMABLE PERFORMANCE TEST. USE THIS FACE PROTECTI()N DEVICE FOR EMERGENCY (I) Decontamination recommendations and considerations: MEDICAL OPERATIONS ONLY. I)O NOT USE (g) Rctiremcntconsiderations; FOR PRO'I~ECTION FROM ANY HAZARDOUS (;}tEMICAI. EMER(;ENCIES, FIRE FI(;HTIN(; (h) Dispnsalconsiderations; API'I.ICATIONS, CRY()(;ENIC A(;ENTS, OR IN (i) Closure lubricants, if applicable. FLAMMABLE OR EXPLOSIVE ATMOSPHERES. CONTAM I NATION OF 'I~H IS FACE PROTECTION 2-9 Glove User Information. I)EVICE MAY WAR~-[NT ITN I)ISPOSAL. MAIN- TAIN ()NLY INACC()RI)ANCE WITH MANUFAC- 2-9.1 Thc manulacturcr of emergency medical TURER'S INSTRUCTIONS. NO PROTECTIVE certified as being compliant with this standard shall pro- DEVICE CAN PROVII)E PROTECTION FROM ALL vide the fi~llowing instructions and inlbrmation with cacb CONI)ITIONS. FAILURE TO COMPLY WITH package of gloves: TItESE INSTRUCTIONS MAY RESUUF IN SERI- ()US INJURYOR DEATH." (a) Donning procedures: (b) Doffing procedures; MalJtd}tcturcr's name Manufacturer's adrh-css (c) Safety considerations; Country of manuthcture (d) Optimum storage conditions; Device mode[ and style Trace number (e) Recommended storage life; Date of manufacture (0 Decontamination recommendations and considerations; Size (g) Retirement considerations; "DO NOT REMOVE THIS ~BEL" (h) Disposal considerations. 1992 Edition 1999-12 PROTECTIVE CLOTHING FOR EMERGENCY MEDICAL OPERATIONS 2-10 Face Protection Device User Information. (a) Boots or booties. 1. Type of linings or surface treatments; 2-10.1 The manuthcturer of emergency medical fhce pro- ~ection devices ccrtiticd :ts heing compliant with this stan- 2. Type of soles or special ~oc rcinfin'cemen~s: dard shall provide the following instructions and informa- 3. Available boot sizes. tion with each package of face protection devices: (b) Garment zipper or closure. (a) Donning procedures; 1. The material(s) of construction for the closure (b) Doing procedures; (including chain, slide, pull, and tape for zippers); (c) Safety considerations; 2. The location and the length of the completed cio- (d) Optimum s~oragc conditions; sure assembly; (e) Recommended storage life; 3. A description of any protective covers or tlaps. (t) Dccontanfination rccnmmendations and considcrafi(ms; 3-2.3 Thc n~iltltl[~lcltH'ct' shall dcscrihc, in thc ~ccbnical {g) Retircmcut considcra6ons; data package, d~c t)'pc of sc'ams or mclhods of altachmcnl t0r the tbllowing garment matt, rial and componcm comhi- (h) Disposal considerations; nations, if applk'ablc: (i) Visor/faccshield antifog agents or procedures, if (a) Oarmcnl material-garment material: applicable. (b) Garment material-visor; (c) (;armcn~ material-glove: Chapter 3 Documentation Requirements (d) (;armcnt material-boot: (e) Garment material-garment closure. 3-1 Technical Data Package. 3-2.4* Thc manulhcturcr shall document, in thc technical 3-1.1' Upon tl~c request of thc purchaser or end user, data package, tlic Ilamc resistance of thc garment malcrial tl~c manufacturer shall thrnish a lecbnical data package when tested in accordance with ASTM F 1358, Stan&.d with each type of clothing. 7~st Method ]bt Resistance ~' Protective Clothing Mate~wda to Flame Impingement. 3-1.2 Thc ledmical data package shall contain all docu- incnlalioll required by dfis standard and d~c data showing 3-2.5' This mamdhcmrcr shall document, in thc technical compliance wid~ this standard, data package, pcncu'afion resistance to liquid-borne patho- gens aticr abrasion of thc garment material lin' one hour, 3-2 Emergency Medical Gament Information. wbcn tested as specified in Sccmm 5-1 of this standard. 3-2.1 In thc tccbnical data package, thc manufhc~urcr 3-2.6* Thc ~nanuthcturcr shall docmncnt, in thc technical shall describe thc emergency medical garment in terms of dam package, penc~rati.n resistance to liquid-home path.- InalIIIt~ICItlFCF lFadc' llallle alld model nlllnhel-, inallld]lc- gcns a[icr flexing of thc garment malct'ia] [}~r one turer replaceable components and available nptions, acccs- when lcslcd as spcciticd in Section 5-2 of dfis standard. sorics such as repair kils, and sizes. 3-3 Emergency Medical Glove Information. 3-2.2 Thc manut~ctnrcr shall provide, in thc technical package, die list and descriptions of thc tbllowing garmcm 3-3.1 In thc technical d;~a package, IbC m;muthcturcr malcrials and componcnls, if applical)lc: shall provide Ibc 1011owing iufi.mation, if applicable: (a) (;armcnt malcrial; (a) Name or dcsignalion ofmamdhclurcr; (h) Boot or boolic material; (b) Model number or design; (c) Zipper/closure type and materials; (c) Material composition; (d) Material seam D'pcs and composition; (d) Description off ma~crial seams; (c) External tiuing ~ypcs and material(s); (c) Type of linings or surtacc trcam~cnts; (0 External gasket types and material(s). (t) Available glove sizes. 3-2.2.1 All descriptions of material composition shall 3-3.2 Description of thc material composition shall spec- specify either thc generic material names or thc ~radc it~ either the generic material name or thc trade name if names if thc composition of thc material is proprietary, thecompositkm of the materialis proprietary. Thc manufhcturcr shall identify those portions of the gar- mcnt or materials imcndcd to act as a harrier to liquid- 3-4 Emergency M~ical Face P~t~fion De~ce I~o~afion. home pathogens. 3-4.1 In the technical data package, the manufacturer shall provide thc following information, if applicable: 3-2.2.2 l)cscripfions of respective suit materials and ncnts shall include thc fbllowing information, if applicable: (a) Name or designation of manuf~tcturcr; 1992 Edition DESIGN AND PERFORMANCE REQUIREMENTS 1999-13 (b) Model number or design; 4-1.10 The garment closure assembly shall pos._~ss a breaking strength of not less than 15 lbf]2 in. (66.7 N 3 (c) Material composition; when tested in accordance with Section 50-55. Seam (d) Description of any hardware; Strength, of ,~TM D 751, S~tdard l~st Method, Jo. (e) Replaceable items: Fabrics. (0 Available sizes. 4-2* Emergency Medical Glove Requirement. ~-4.2 Description of the material composition shall spec- 4-2.1 Sample gloves and related hardware shall be flee ify either the generic material name or the trade name if rough spots, burrs, or sharp edges that could ~ear t~e gar- the composition of the material is proprietary, ment or glove material. 4-~.~ Sample gh)ves shall be tested for watertight :ntcg- ritv and mce~ the "pass" requirements when res:vd Chapter 4 Design and Performance Requirements accoxdancc with ASTM D 5151, Standard 7~.,~ .~le: Detection ~¢' Holes in Medical Gloves. 4-1' Emergency Medical Garment Requirements. 4-2.3 Sample gh)vcs shall be measured for pL',,ical 4-I.1 Only those portious of the garment or garment dimensions and shall meet tbe lengtb and width dimension materials that are intended to act as a barrier to liquid- requirements when tested in accordance with ASTM D borne pathogens shall bc tested to the requirements speci- 3577, Standard Specification for Rubber Sut~ical fled in this section. (;armcnt material samples shall rotor to those materials intended to provide barrier protection. 4-2.4 Gh)vc material and seam samples shall exhibit penetration of Phi-X-174 Bacteriophage for at least one when tested as specified in Section 5-4 of this standarc5 4-1.2 All external fittiugs including, but m)t limited zippers, snaps, or other fi~stcners shall be ti'cc of rough spots, burrs, or sharp edges that could tear the garment nr 4-2.5 Glove material samples shall have an ultimate ten- glove materials, silo strength chmgation of not less than 2000 p~ 13.7 MPa) and a 300 percent modulus of not more than 5(,0 psi 4-1.3 Sample garments shall be ~estcd fi~r watcrtigb~ (2.07 MPa) when tested in accordance with ~TM D 41'2. integrity and shall allow no water penetration when tested Staudard 'l~st Method.~fOr Rubber Properties in 'l?nmm. as specified by Section 5-3 of ibis standard. A, Dumbbell Specimens. 4-2.6 Glove material samples shall be tested for ui~matc 4-1.4 (;armcnt material samples shall exbibi~ no penetra- elongation following whole glove immersion in isopr~mml tion of Phi-X- 174 Bacteriophage fi)r at least one hour when and shall have an ultimate elongation of not less th~n 500 tested as specified by Section 5-4 of this standard, percent when tested as specified in Section 5-6 c,d this standard. 4-1.5 Garment material samples shall bc tcstc(l lin' tensile strength and bare a tensile strength of not less than 30 lb 4-~.7 Glove material samples shall be tested for (13.6 kg) when lestcd in accordance with Section 0, Break- ehmgation t~fllowing heat aging and shall have an ulr-matc ing Strength, A- Grab Method, of ASTM D 751, Standard elongation of not less than 500 percent when te~r~d ~l~st Method.s for Coated Fabrics. spccilic(l in Section 5-7 of this standard. 4-1.fi Garment material samples shall be tested t~r burst- 4-~.8 Glove material samples shall be tested for pur~:~ure lng strength and bare a bursting strength of not less than resistance and shall bavc a puncture resistance of n<,: 50 psi (3.5 kg/emu) in accordance wilh Scc6on 15.3, Bursl- Iban 1.0 lb (0.45 kg) wbcn ~cstc(l in accordance ~,itb lng Slrcngd~, using thc Diaphragm Bursting 'l'csting, of F 1342, Standard 'l¢.q Method for Resislance o[Prottct~:~ ASTM I) 751, Slandard 'l~.s't Mettmds ]o~ Coated Fabri('.~. lng Materials to I'uuclu~w. 4-1.7 Garment material samples shall be tested fi~r punt- 4-2.9 Sample gloves shall be tested for small parts turc resistance and shall bare a puncture rcsistauce of not ity, ittlcl mst times shall bc no greater than 106 percent less than 5.5 lb (2.5 kg) when tested in accordauce with basetinc test measurements when tested in accordance with ASTM D 2582, Stan~rd 7Cst Method for Puncture Propaga- Section 5-6 of this standard. tion Tear Restqance of Pla, tic Film and 'lTiin Sheeting. 4-3* Emergency Medical Face Protection ~vice 4-1.8 Garment material samples shall be tested for tear Requirements. strength and shall have a mar strength of not less than 8.(I lb (35.6 N) when tested as specified in Section 5-5 of this 4-3.1 Sample bce protection devices and related rmrd- standard, ware shall be free of rough spots, burrs, or sharp ~ges that could tear garment or gluve materials. 4-1.9 ~1 garment seams shall possess a breaking strength of not less than 15 Ibff2 in. (66.7 N/5.0 cra) when tested in 4-3.2 Visor or faccshield material samples shall be r~ted accordance with Section 50-55, Seam Strength, ofASTM D fi)r rata} visible luminous transmittance and percer.~age 751, Standard 7Cst Methods for Coated Fabrics. haze as specified in Section 5-9 of this standard. Visor 1907_ ~__~on 12/18/1996 10:13 5617375587 SURE LOC INC PAGE 83 ~oard of County Commissioners County ~dm~ni~lr~to~ Ken L. Foster, Chairman Robert Weisman 3urt Aaronson, Vice Chairman ~a~ren T. Marcus Purchasing Depart~nent Zarol A. Roberts Warren H. Newell Mary McCarty Maude Ford Lee Date: July 23, 1996 Form L SURE0004 SURE-LOC INC 10728 KASMIR COURT BOYNTON BV. ACH FL 33437 Dear Vendor: RE: TERM CONTRACT This is to inform you that Palm Beach County Board of County Cor~-~,rissioners is entering into a Term Contract with your company for ~DICAL SUPPLIES. based on one of the following: [XXX] FORMAL BID # 96-111/JR [XXX] OTRER: AWARD AS ATTAC~RD The term of this contract-is 'JULY 23. 1996 thr0u~h ~_AR¥ 22. 1998. The estimated dollar value'for all vendors is $~. The obli~atlons of palm Beach County under this contract are subject to the availability of funds lawfully appropriated tor its purpose by the State of Florida and the Board of County Commissioners. palm Beach County Departments will issue hard copy orders a~ainst this contract as your authorization to deliver. All invoices must reference each unique document number. If you have any q~estions, please contact ~ at ~407) 23.3-15Q~. Sincerely, cc: Chie~ .Miller, 'Fire- ReScue '- .' Bonnie stein,. F-i-re -Rescfie-.! Pa~ Ballotta0 Parks & Recreation Fran Lackey, Ri~k'~ahA~em~nt "An Equal Opportunity - AJfirmative Action Employer" 50 S. Milit~v% T~ail, Suite 110 W~. Palm Beach, Florida 33415-3199 ~m-a~ ,.o~ {~07) 233~]$00 FAX: (407) 233-1511 12/18/1996 10:13 5617375587 SURE LOC INC PAGE 82 1996 J~i~ Rooney Ci~ of Ddz~ Beth ~g Dep~me~t We at Sute-Lo~. Inc. are eactcndinj~ our quote of $8.50, as pet Palm Beach County ii,t, to thc City of X~lray Bench Five Rescue. Id'any other infornmtion is nccd~ please ~ail us at (888) 66'2-6578_ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MJ~AGER~_~ SUBJECT: AGENDA ITEM # ~/~ - MEETING OF JANUARY 7, 1997 BID AWARD/HEALTH INSURANCE FOR CITY EMPLOYEES DATE: JANUARY 3, 1997 This is before the Commission to consider awarding a contract to United HealthCare for City employee health care services, at an estimated annual premium of $1,965,281.52. Request for Proposals were received from eleven of the largest firms in the area. The Director of Finance and PDI Resources of Florida, Inc., summarized and evaluated all eleven RFPs and a short list of five firms was established, from which United HealthCare was selected. Recommend United HealthCare be awarded our contract for City employee health care services for the year commencing February 1, 1997, in the amount of $1,965,281.52 with funding from multiple departmental accounts. Agenda Item No.: AGENDA REQUEST Date: 'January 03, 1997 Request to be placed on:, X Regular Agenda Special Agenda Workshop Agenda When: January 07, 1997 Description of agenda item (who, what, where~ how much): Award - Request For Proposals for Health Insurance to United Healthcare at an estimated annual premium of $1,965,281.52, for health care insurance for the City Employees. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to United Healthcare for health insurance for City Employees at an estimated annual premium of $1,965,281.52. .Department Head Signature City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available.-~~NO Funding alternativ~ (if applicable) Account No. & Description: ~-'%e~_i~~ ~,~4~A~ Account Balance: City Manager Review: Approved for agenda.: ~/NOHold Until: ~'~'1 Agenda Coordinator Review: Received: Action: Approved/Disapproved To: David T. Harden, City Manager From: Joseph M. ~S~~ance Director Date: January 3, 1997 Subject: Award of Health Insurance Contract to United HealthCare During the past several months, the Insurance Committee has met several times and presented us with several challenges m improving our health care delivery systems. The Insurance Committee, first and foremost, wanted to seek Requests for Proposals for our health insurance since we had not "tested the markets" for over three years. In addition, we have had several problems with our current cartier, Anthem, both from a health care delivery standpoint and m claims administration. Second, the Insurance Committee wanted to establish rate structures that would ease the burden on employees and retirees for their dependent costs (presently $250.50 per month) especially since Anthem requested a renewal rate of $269.37 per month and since we have lost many of our dependent units. And third, the Insurance Committee wanted us to tier the dependent rates so that, for example, an employee with one dependent did not incur the identical rate to an employee that had ten dependents. The Finance Department solicited the assistance of PDI Resources of Florida, Inc., our lead agent for this RFP, who recently handled the bid package for the Palm Beach County Sheriff's Department. With information supplied by the Finance Department, and with our excellent record of health care cost containment, PDI solicited RFP's and received an excellent response. Eleven of the largest finns in the area presented their responses which were opened on December 20, 1996. PDI Resources of Florida, Inc. summarized and evaluated all eleven RFP's with the Finance Department and a shorflist of five firms was established. The basis of selection of these firms was as follows (in no particular order): plan benefits compared to our present plan · plan costs compared to our present plan and other proposals ° network of primary care doctors and hospitals · provider strength and presence in local area · local experience and references Based upon this overall evaluation, the following five (5) firms in addition to our present carder were shortlisted: 2. Blue Cross/Blue Shield 3. AvMed 4. United HealthCare 5. Humana 6. Foundation A schedule comparing these firms and their network comparison to an employee-generated survey is attached for your information (see Dual Option POS Benefit & Rate Comparison schedule and Request Physician Match schedule attached). Page 2 PDI Resources, Inc. and the Finance Department, following an intensive review, recommend that United HealthCare be awarded the contract for health insurance plan services effective February 1, 1997. United HealthCare is being recommended for the following reasons: Offers the employees a selection b~veen a Point of Service (POS) Plan and a Health Maintenance Option (HMO) Plan · Employes may choose their physician or specialist without going through a Primary Care Physician which satisfies a concern expressed previously by our employee survey · United HealthCare costs result in savings of $378,626 per year over Anthem renewal cost structures. · United HealthCare guarantees second year rates. POS Plan shall not exceed 12% and the HMO Plan shall not exceed 6%. · United HealthCare has the strongest network of physicians and hospital when compared to the employee survey of requested doctors and present carrier networks. This is strengthened by the fact that United HealthCare recently was awarded the Palm Beach County School Board with its' 17,000 employees which would insure a strong network for our employees from Palm Beach to Broward County. · United HealthCare has unlimited Lifetime Maximums for both the POS m-network and HMO m-network plans and a $2,000,000 Lifetime Maximum for out of network. · United has no deductible for m-network preventive care physical examinations which could lead to additional savings to the City in our emergency services physicals. · United has an Employee Assistance Program built into their health plan which could lead to additional savings to the City since we have a separate EAP pro, ram. The EAP pro~ram offered by United would allow employees to use their normal doctors. · United deductibles for office visits are $5.00 compared to our present $15.00 rate. · United deductibles for specialist visits are $5.00 compared to our present $15.00 rate. · United deductibles for in-patient hospital services is $.00 compared to the present rate of $100.00. · United deductibles for out-patient hospital services is $.00 compared to the present rate of $50.00. · United prescription drugs are $5.00 compared to the present rate of $7.50 for genetic drugs. · United HealthCare has an excellent reputation amongst employees and employers in the area for health cam network, hospital network, and administration of claims. We would therefore recommend United HealthCare be awarded our contract for health care services for the year commencing February 1, 1997 at the following rates: Emplo.yee Rate- $158.89 HMO Famil.y Rate- $376,54 HMO $169.98 POS $402.91 POS (Note: Family Rate includes the Employee Rate) MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn ~ne~~hasing Supervisor ~ THROUGH: Joseph ~a~ance Director DATE: January 03, 1997 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING JANUARY 07, 1997 - AWARD - HEALTH INSUR~_NCE FOR CITY EMPLOYEES Item Before Commission: The City Commission is requested to award a contract to United Healthcare, for health care for City Employees at an estimated annual premium of $1,965,281.52. Background: Request For Proposals were received on December 20, 1996, from eleven (11) vendors, all in accordance with City Purchasing Policies. Documentation on file in the Finance Office. A dual option POS benefit and rate comparison is attached for your review. The Director of Finance and PDI Resources of Florida, Inc., have reviewed the bids received, and recommend award to United Healthcare, per attached memo dated 01/03/97. Recommendation: Staff recommends award to United Healthcare, at an estimated annual premium of $1,965,281.52. Attachments: Tabulation of Bids Memo From Finance Director Dual Option POS Benefit & Rate Comparison L ~ £1T¥ OF DELRII¥ BEACH Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali.America CitY MEMORANDUM 1993 TO: City Commission C}TY ~'" ~-'-' nr~lC[ FROM: David N. Tolces, Assistant City Attorn~ SUBJECT: Kevlex School Bus Contract The attached memorandum from Joe Weldon outlines the various incidents over the last six months with respect to Kevlex's performance under its contract with the City. Under the contract, the City has the right to terminate the contract upon providing written notice to Kevlex. The City Manager advised Kevlex that this matter would be placed on the January 7, 1997 agenda. At this time, staff is requesting that the City Commission decide whether or not to cancel the contract with Kevlex. The cancellation of the contract would be based on Kevlex's failure to carry the required insurance, and Kevlex's failure to meet the performance standards specified in the contract. If you have any questions, please call. DNT:smk Attachment cc: David T. Harden, City Manager Joseph Weldon, Director of Parks and Recreation Sharon Morgan, City Clerk's Office kevlexl.dnt [lTV OF DELRI:I¥ BEI:I[H DELRAY BEACH AII-Ammica City I,~)~ MEMORANDUM TO: DAVID HARD~ ~E~, CITY MANAGER FROM: JOE WELDOI~ DIRECTOR OF PARKS AND RECREATION DATE: DECEMBER 31, 1996 RE: REQUEST FOR TERMINATION OF CONTRACT WITH KEVLEX, INC. SCHOOL BUS SERVICE Attached you will find documentation of our bus break-downs using Kevlex, Inc. buses during our summer camp program, June 24 - August 16, 1996, during transportation of our Rocks football players from September through November and during a recent Kids and Cops field trip. Kevlex was notified each time an incident occurred. Date Site/Program Incident 6/24/96 Delray Full Service Bus broke down on Lantana Road. Campers had to wait on bus for more than one hour for a replacement bus. Missed two hours of field trip. 6/24/96 Delray Full Service Bus broke down returning fi-om Fort Lauderdale. Stranded in traffic on Commercial Blvd. for approximately 45 minutes. 6/27/96 Delray Full Service Bus would not start. Campers missed trip. 7/1/96 Pompey Park Bus would not accelerate over 20 mph. Campers returned to site; did not go on trip. 7/2/96 Pompey Park Kevlex driver did not show up with bus until 11:00 a.m. Campers could not go on morning field trip. 7/2/96 Carver Community Kevlex driver did not show up for Teen Camp. City vans had to be used for transportation. 7/5/96 Carver Community Kevlex driver arrived 2.5 hours late. Trip had to be canceled because of late arrival. 7/5/96 Community Center Bus broke down returning fi.om Palm Beach Gardens. Replacement bus had to be called. 7/15/96 Pompey Park Bus would not start on return trip from Lake Worth (Fun Depot). Mechanics had to be called. Campers late in returning fi.om trip. 7/15/96 Community Center Kevlex driver due with bus at 9:00 a.m. Showed up at 11:15 a.m. 7/I6/96 Delray Full Service Bus would not start in parking lot of Jungle Queen in Fort Lauderdale. Recreation leader able to get bus started a/~er 30 minutes. 7/24/96 Community Center Bus broke down at Don Carter's bowling. Bus driver could not repair; waited more than one hour. Kevlex had to send second bus. 7/29/96 Pompey Park Bus would not change gears during trip. Second bus sent; had to cancel trip because of time constraints. 7/31/96 Pompey Park Bus very jerky in motion en route to trip (jerked about every 10 feet) and would not start later for second field trip. Mechanic called to site for repairs. Field trip late. 8/5/96 Pompey Park No bus service all day. Was told by Kevlex that we would have bus by noon; bus starter broken. Had to cancel all trips. 8/31/96 Rocks Football Bus broke down on 1-95; had to be towed from Fort Lauderdale. Players transported to field by several trips on city vans. 10/12/96 Rocks Football Bus engine blew on 1-95; had be towed from Pompano Beach. Players transported by another bus brought fi-om Delray Beach. A separate bus also broke down on 1-95; had to be towed from Linton Boulevard. Players transported by city vans. 11/9/96 Rocks Football Bus would not start; calls made to Kevlex not returned. Had to make multiple transports with working buses on site. 11/21/96 Kids and Cops Bus lost all power on 1-95 returning from Miami Seaquarium. Replacement bus sent which also broke down. Kevlex mechanic drove bus back to site (bus broke down three more times en route home) with participants on board. As you know, Kevlex, Inc. has failed to provide proof of liability insurance and is in breach of its contract with the City of Delray Beach. We are presently using Quality Transport, the second bidder of bus rental service. Quality Transport charges $38.00 per hour per bus, including the driver. According to Louis Herring, Quality Transport General Manager, if the city enters into a long-term agreement with the company, a lower rate will be considered. However, he does not want to honor his 1995 bid price of $2.00 per mile with the city supplying the driver because he wants to utilize his own bus drivers and his bid did not reflect that cost. Based on the above information, I recommend termination of the agreement between Kevlex, Inc. and the City of Delray Beach. We will continue to use Quality Transport until a new bus contract is approved. / cc:~David Tolces, Assistant City Attorney Pamela Post, Recreation Superintendent MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF JANUARY 7, 1997 APPOINTMENTS TO THE LARGE HOME TASK TEAM DATE: JANUARY 3, 1997 At the December 10th regular meeting, the City Commission adopted Resolution No. 84-96 establishing the Large Home Task Team (copy attached). The task team membership is to consist of eleven members, nine of which are to be appointed by the Commission. The remaining two members are to be appointed by the Planning and Zoning Board and the Site Plan Review and Appearance Board, respectively, subject to ratification by the City Commission. The Planning and Zoning Board has appointed Gary Eliopoulos, while SPRAB has appointed Thuy Shutt. Ail of the applications received by the City Clerk's office are attached for your review. They are grouped according to the different categories. An asterisk next to an individual's name means that person qualifies for consideration in more than one category and is listed accordingly. At the December 3rd meeting, Mayor Alperin suggested that the members be appointed through a ranking process by all of the Commissioners as opposed to the rotation schedule. The Commission concurred to use this method of selection. For each category, therefore, the Mayor and Commissioners should list their top three choices as (1), (2) and (3). The City Attorney will tally the rankings and announce the results. I recommend the appointment of nine members to the Large Home Task Team as outlined in Resolution No. 84-96, as well as the ratification of the appointments of Gary Eliopoulos (P&Z Board representative) and Thuy Shutt (SPRAB representative). ref:agmemo5 RESOLUTION NO. 84-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE LARGE HOME TASK TEAM AS AN ADVISORY BODY TO THE CITY COMMISSION; PROVIDING FOR THE AUTHORITY OF SAID TASK TEAM; PROVIDING FOR THE COMPOSITION OF SAID TASK TEAM AND APPOINTMENT THERETO; PROVIDING AN EFFECTIVE DATE; AND SETTING A SUNSET DATE. WHEREAS, the City Commission recognizes the importance of citizen input in the development of recommendations for resolving certain issues; and WHEREAS, the City Commission wishes to establish a task team to examine, formulate ideas and make recommendations with respect to the issue of large home construction, including compatibility and the mitigation of any impacts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That there is hereby established the LARGE HOME TASK TEAM which shall study and make recommendations to the City Commission as to the issue of large home construction and compatibility. Section 2. That the Large Home Task Team shall consist of a membership as follows: Representative Group Number of Members Builder/developer 2 Architect 1 Realtor 1 Beach/Intracoastal area homeowner 3 At-large homeowner 2 P&Z Board member 1 SPRAB member With the exception of the Planning and Zoning Board member and the Site Plan Review and Appearance Board member, the members shall be appointed by the City Commission. The P&Z Board member shall be appointed by the Planning and Zoning Board, and the SPRAB member shall be appointed by the Site Plan Review and Appearance Board, subject to ratification by the City Commission. A majority of the membership (6 members) shall constitute a quorum. A Chairperson shall be elected by and from among the task team membership. Section 3. That the Large Home Task Team shall immediately pursue its assigned task with a target of accomplishing said task by June 30, 1997. Section 4. That the Large Home Task Team shall disband upon the discharge of its assigned task or by June 30, 1997, unless otherwise extended by action of the City Commission. PASSED AND ~OPTED in regular session on this the 10th day of Dece~er, 1996. ATTEST: - City-Cle~ - 2 - Res. No. 84-96 Persons who have applied by category: (*) Indicates that a person could also be considered for other categories. Builder/Developer (2): Cary D. Glickstein* Monty Helm * Frank E. McKinney Albert McNamara Richard Mouw * Architect (1): Roger Cope David Martin Randall Stofft * Realtor (1): Joan Baccari * Robert E. Brown * Dale N. Everett * Clark C. French Monty Helm * Daniel P. Hrabko * George Maso Jones Stefan J. Laporte * Alieda N. Riley * Conrad Sittler * Beach/Intracoastal Area Homeowner (3): Joan Baccari * Robert E. Brown * Fred B. Devitt, Jr. Pat Duane Dale N. Everett * Cary D. Glickstein* Monty Helm * Susan H. Hurlburt Stefan J. Laporte * Tessie Luskin Chris Miller Alieda N. Riley * Conrad Sittler * Randall Stofft * Bette Stengel S. Lynn Stokes Please note that Terry Pfeil has withdrawn her application for con- sideration. At-Large Homeowner (1): Robert H. Barron Ethelyn-Lee Eberhart Gloria Elliott Daniel P. Hrabko * Robert A. Jackson Robert J. McDonald Thomas Mook Richard Mouw * Donald S. Presel Henry Steffens P&Z Board Member (1): Gary Eliopoulos SPRAB Board Member (1): Thuy Shutt CAT.DOC Persons who have applied by category: (*) Indicates that a person could also be considered for other categories. ..~kstein* ~_Monty Helm * '~ Frank E~ McKinney -~ Albert Mcj~ammr~_ ..~. Richard Mou~ * Architect (1) David Martin Randall Stofft Realtor (1): Joan Baccari * Robert E. Bro_wn * ~Oa e~. Everett *__ Lark C. French Mon_~ty He~i~'*~ ,.,~ Daniel P. Hrabko * .~George~aso~es ~tefan J. Laporte * ~Alieda N. Riley * Conrad Sittler * ( Beach/Intracoastal Area Homeowner (3): Joan Baccari * Robert E. Br_r~L%~_ ~ Fred B. Devitt Pat Duane Dale N. ~2zea~4~_~ __ C~o~nrt D. Glickstein* ~ 2-. Susan H. Hurlburt Stefan J. Laporte * Chris ~ller '~ied~y * ~nrad Sittler * ~ndall Stofft * ~ette StenEel S. Lynn Stokes Please note that Terry Pfeil has withdra~ her application for c ,n- sideration. P&Z Board Member (I): Gary Eliopoulos SPRAB Board Member (1): Thuy Shutt CAT.DOC MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MJ~AGERff/P~ SUBJECT: AGENDA ITEM # ~ REGULAR MEETING OF JANUARY 7, 1997 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY DATE: JANUARY 2, 1997 Judith Colvard has submitted her letter of resignation from the Delray Beach Housing Authority, creating a vacancy for an unexpired term ending March 6, 1998. Per statute, the 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. There is a resident-member currently serving on the Housing Authority. Applications have been received from the following individuals: Ronald Brito (currently on the Board of Construction Appeals) Renee C. Dillon Clifford H. Durden, Jr. Richard L. Eckerle Betty J. Goodman Herman Green Robert Hutzler Willie Potts (currently on Pompey Park Advisory Committee) Jay Slavin Kelly P. Whalen Pursuant to Commission direction, a check for code violations and municipal liens was conducted. None were found. 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. In this instance, both the recommendation and the appointment belong to Mayor Alperin (Seat #5). Recommend appointment of a member to the Delray Beach Housing Authority to fill an unexpired term ending March 6, 1998. ref:agmemo3 November 19, 1996 Mayor Jay Alperin City of Delray Beach 100 N W 1st Avenue Delray Beach, FL 33444 Re: Delray Beach Mousing Authority Dear Jay: Please accept my resignation as of January 1, 1997, from the Board of the Delray Beach Mousing Authority. I am taking a sabbatical and will travel widely for at least a year. It has been a pleasure serving on the board. I am especially pleased that the Board and the City of Delray are working together to bring the Mousing Authority and Carver Estates management to an acceptable level of competence for the first time since the Authority's inception. After years of futile attempts to goad a toady and management- defending Board to action, my voice in the wilderness was finally heard, not once but twice, resulting in two incompetent and allegedly dishonest managers getting the axe. Mayor, you're welcome, and continued good success. My new address and phone number are: 918 Eve Street, Delray Beach, FL 33483 and phone (561) 272L4657. Sincerely ~h~ .~eC (~lvardac~y MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~/~ - REGULAR MEETING OF JANUARY 7, 1997 APPOINTMENTS TO THE CODE ENFORCEMENT BOARD DATE: JANUARY 2, 1997 The terms for regular members Richard Eckerle (layperson filling the subcontractor position), John Goodman (realtor), and James Griffis (general contractor) on the Code Enforcement Board will expire on January 14, 1997. Mr. Eckerle has served two successive terms and is not eligible for reappointment. Mr. Griffis was initially appointed in January, 1994, and has served one full term. Mr. Goodman served as an alternate member from January, 1991, to January, 1994, when he was appointed to his initial term as a regular member. Both are eligible and would like to be considered for reappointment. The term is for three years, beginning January 15, 1997, and ending January 14, 2000. Attendance records are attached. The qualifications are that, whenever possible, the Board's membership shall include a general contractor, a subcontractor and a realtor. While it is desirable to have such representation, it is not mandatory. Ail board members must be residents of the City. Attached is the list of applicants, arranged according to category. Please note that we have no applications on file for the subcontractor position. Again, while it is desirable to have representation from the various disciplines, it is not required. Laypeople may be appointed as deemed appropriate by the City Commission, provided they are residents of the City. Pursuant to Commission direction, a check for code violations and municipal liens was conducted. None were found. The appointments will be made as follows: Mayor Alperin (Seat #5) - regular member/general contractor Commissioner Kiselewski (Seat #1) - regular member/realtor Commissioner Egan (Seat #2) - regular member/subcontractor Recommend appointment of three regular members to the Code Enforcement Board for three year terms ending January 14, 2000. ref:agmemo Applications for Code Enforcement Board Reqular Member/General Contractor James Griffis (incumbent) Reqular Member/Real Estate Martin Bellsey (currently serving as alternate member on Code Enforcement Board; has also applied for the subcontractor position) John Goodman (incumbent) Chris Stray (currently serving as alternate member on Code Enforcement Board; has also applied for the subcontractor position) Reqular Member/Subcontractor Martin Bellsey Sidney Soloway Chris Stray Anthony Veltri Stanley Watsky CODE ENFORCEMENT BOARD 1996 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec James Griffis P/P P/P P/P P/P P/P A/A P/P A/A A/A P/A A/P P John Goodman P/P P/P P/P P/A P/A P/P P/P A/P P/P A/P P/A P JoAnn Peart P/P P/P P/P P/A P/P A/P P/P P/P P/P P/P P/A P Barbara Holden (appnt reg member 6/96) P/P P/P P/A P/P P/P P/A P Richard Eckerle P/P P/P P/P P/P P/P P/P P/P P/P P/P P/A P/P P Beril Kruger P/P P/P P/P P/A P/A A/P P/P A/P P/P P/A P/P P David Henninger A/A P/P P/P A/P P/P P/A P/A P/A A/A P/A P (Appnt reg. 1/96) Alternates: Chris C. Stray A/A A/P P/A A/P P/A P/A A/A A/A A/P A/A A/P A Martin Bellsey (appnt 6/96) A/A P/A A/A A/P A/A A (appnt 1/96) CODE ENFORCEMENT BOARD 1995 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec James Griffis Ex/P P/P P/P P/A A/P P/P P/P A/A A/P A/P P/P P John Goodman P/P P/P P/P P/P A/P P/P P/P A/P P/P P/A P/P P Richard Eckerle P/P P/E P/p P/A P/P P/P P/P P/P A/P P/P P/P A Tim Onnen 'P/P' P/E P/P P/P A/P p/P P/P P/P P/P P/P P/P A Athalone Brailford Ex/P P/P P/P P/A P/P A/A P/A P/P P/P P/P P/P P Beril Kruger P/Ex P/Ex P/P P/P P/A P/P A/P P/A P/P P/P A/P P JoAnn Peart P/P Ex/P P/P P/P A/P P/P P/P P/P A/P P/P A/P P Alternates David Henninger P/Ex P/Ex Ex/Ex A/A A/A A/A A/A A/A P/A A/A A/A A Chris Stray (appnt 11i95) A A CODE ENFORCEMENT BOARD 1994 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Tim Onnen P/P P/P P/P P/P Ex/P P/P P/P Ex/P P/P P/P P/p p William Stone p NOT REAP] ~OINTI iD John Goodman P/P P/E~ P/P P/P P/P !Ex/P P/P P/P P/P P/P P/p P Joel Port P/P Ex/P 'P/P Ex/P Ex/P P/Ex Ex/E:'Ex/E Ex/P P/P P/E E Susan Gracey P/P P/P P/P resJ,gned Richard Eckerle p/p P/P P/P P/P P/P P/P. P/P P/P P/E~ P/P E/E P Beril Kruger P/P ~x/PiP/P p/p p/p Ip/p P/P P/P P/P E/P P/P P Athalone Brailford app /94 P P/P P/P~. E/E P/P P/P E/E E/E P James Griffis P P/P P/P P/P P/Ex P/P.' P/P P/P P/E P/P P/P P ALTERNATE David Henninger E/E E/E E/E E/E E~E E atten.doc Mr. Port was on vacation during the summer and was excused by the Chairperson. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~. SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF JANUARY 7, 1997 REQUEST FOR FUNDING FROM PALM BEACH COUNTY CULTUP~AL COUNCIL DATE: JANUARY 6, 1997 We received the attached request from the Palm Beach County Cultural Council for funding support in the amount of $2,500 to assist with the funding of an 'add-on' element to a comprehensive cultural plan for Palm Beach County. The purpose of the element is to conduct a study to determine the feasibility of a concert hall for South County, generally within either the municipal or unincorporated areas of Delray Beach and Boca Raton. The Cultural Council is requesting $2,500 each from the Florida Philharmonic and Florida Symphonic Pops organizations, $2,500 each from the cities of Boca Raton and Delray Beach, and $5,000 from county government. On November 19th, Commission approved the allocation of funds in the City Commission Special Events account and the General Fund Miscellaneous Grants account. As a result of that approval, $750 in contingency funding is still available from the Special Events account. Or, as discussed on. December 17th concerning the Eagle-ettes funding request, 'the Finance Department has projected an ad valorem revenue surplus which could be used to fund this request. I recommend that the request be approved with funding from the projected General Fund surplus. ref:agmemol0 ALEX W. DREyFooS JR. PALM BEACH COUNTY CULTU L COUNCIL Bulldlng Community and Tourism through Culture Dece~er 31, 1996 3h~ ~ 2 ~9~i Hon. Jay ~pe~, Mayor .... ~ '~ ~,,, .... ~o~,~,,~. CiW of Dekay Beach ~,,c~ 100 N.W. 1~ Av~ue Dekay Beac~ ~odda 33444 De~ Mayor Mpe~: ~s ~ re~ec~y reque~ a ~t of $2,500 ~om ~e CiW of Dekay Beach to · e P~ Beach Co~W C~ Co,cfi towed $15,000 co~ of~ add-on ~,,~.~ .............. ~o~. ~,~'~'~.~. elem~t to ~e co~reh~e c&~ p~ for Palm Beach Co~, ,~g~ ....... ~ element whch ~ d~emine feadbffi~ of a conceK h~ for Sou~ Co~, de,ed as mmcipaFunhco~orated Dekay Beach ~d m~c~unhco~orated Boca ~ton. M~agem~t of~e Hodda Philh~offic ~che~a ~d Hofida S~hoffic (Boca ~ton) Pops a&ed for ~s add-on elem~t h re~onse to o~ offer to add ~e~c planning elem~ts needed by ~ecffic commnn~es but not covered by ~e ofi~ ,~i~o~;;'~ ......... *' scope of work ~ o~ con~a~ ~ ~e Wo~ ~ganiTafion, si~ed Nove~er 22, 1996 ~d pr~ously s~t to you. At o~ reque~, ~e ~ Wo~con~a~ hcludes ~ "opfion~ co~onent" for $15,000 to do the work of e~abli~hing (1) whe~ ·ere is adequate present or ~e market to ju~ a new Sou~ Co~ conce~ h~ (2) ff~ere is, where k wo~d be~ be locate~ ~d (3) how it ~o~d be ~e~ co~ed, ~ded, ~d managed--~ ~thin ~e come~ of~ket rese~ch behg ~ .......... . ........ c~ed om by Woffas p~ of~e over~ c~ pl~ for ~e co~. I wo&d add ~at a Sou~ Co~ concea h~ feam~ ~dy at thi~ ~e coffid ~eatly b~efit ~om data w~ch ~ berg developed for ~e Ci~ of We~ Palm Beach poaion of~e over~ p~--~eady ~ded ~d ~de~ay-- ~ at ~e ~e ~e, ~e~ ~at data. I wo~d ~o add ~at a sep~ate fea~biW ~dy by ~e Wo~ ~ganizafioa for a Sou~ Co~ conce~ h~ om~de ~e t~e~me ~d scope of · e over~ c~ pl~, wo~d, accor~g to Wo~ eom $25,000-$40,000. As you ~ow, ~e over~ pl~ as contracted November 22 is ~ded as renews: $30,000 ~om C~ Co,cfi ~dom~t rescues, $30,000 from ~e To~m Developm~t Co,cfi for c~ to~ rese~ch ~d recomm~dafions, $30,000 ~om ~e Ci~ of We~ Palm Beach for a ci~ c~ pl~ related p~ma~ to do~to~ redevelopment, ~d $20,000 ~om ~e Jo~ D. ~d Ca~e~e T. Mac~ Fo~dation. For ~e proposed $15,000 add-on elem~t f0~ a'S6u~ 155~ Palm Beach Lakes Boulevard 'gg West Palm Beach, H0rida 3~401 ~ 5~1471-2901 ~ ~fil-93~2787 ~ ?ax 561~87-~484 December 31, 1996 Page 2 County concert hall, we are requesting $2,500 each bom the Florida Philharmonic and Florida Symphonic Pops organizations, $2,500 each from the cities of Boca Raton and Delray Beach, and $5,000 from county government. Please let me know if you need further documentation for this request. Be~Lfinning January 6, 1997, with Wolf Organi?ation specialists working on-site in West Palm Beach and in South County, we will ass~me support and agreement from all parties, but ask that formal approval by each occur in January, since our Wolf contract specifies a "by January 15" signing date for this "optional element." We are making this good-faith ass~lmption with full understanding of contingencies and approval requirements on part of the Wolf Organi:,afion, but we remain committed to May 16, 1997 completion of ail elements of their study for prelimary report and recommendations for your consideration and ours. The date scheduled for formal release of all study findings and recommendations is June 17, 1997. Thank you again for your willingness to carry forward our request and for your continued availibility to our office and members of the Wolf OrganiTafion in interview and follow-up, starting January 6. ent cc: Hon. Burr Aaronson, Chairman Board of County Commissioners Hon. Mary McCarty Board of County Commissioners Hon. Wanda Thayer, Council Member City of Boca Raton MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2q'AGER~ SUBJECT: AGENDA ITEM # /~"~- REGULAR MEETING OF JANUARY 7, 1997 SECOND READING/SECOND PUBLIC HEARING FOR ORDINANCE NO. 54-96 (UTILITY TRAILERS IN THE AUTOMOTIVE COMMERCIAL DISTRICT) DATE: JANUARY 2, 1997 This is second reading and the second public hearing for Ordinance No. 54-96 which amends LDR Section 4.4.10, Automotive Commercial (AC) District, by adding the sale of utility trailers as a permitted use. This amendment was initiated by the Planning and Zoning Board at its meeting of September 16, 1996, following action on a similarity of use determination. The use (the sale of utility trailers) is not specifically listed as a permitted use in any of the City's zoning districts. The Board felt that it would be most appropriate in the AC district and asked staff to draft the amendment. Additional background is contained in the attached staff report. The Planning and Zoning Board considered the amendment on October 21, 1996. They held a lengthy discussion regarding the size and appearance of the trailers. One member of the public spoke against the amendment. A motion was made to add the following permitted use within the AC zoning district regulations: "The sale of new utility trailers. However, trailers in excess of 24 feet in length may not be stored on the premises." The motion failed to pass by a vote of 3 to 2. At first reading on December 3, 1996, the Commission passed the ordinance by a vote of 3 to 2 (Ms. Kiselewski and Mayor Alperin dissenting). Recommend consideration of Ordinance No. 54-96 on second and final reading. ORDINANCE NO. 54-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.10, "AUTOFK~IVE COMMERCIAL (AC) DISTRICT", SUBSECTION 4.4.10 (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING THE SAT.R OF NEW UTILITY TRAILERS AS A PERMITTED USE; PROVIDING A GENERAL REPF.~T.W..R CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning ao~ Zoning Board reviewed the subject matter at its meeting of October 21, 1996, and has forwarded the change with a recommendation that it not be adopted; and WHEREAS, the City Commission of the City of Delray Beach finds that the change is not inconsistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY ~SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zon/ng Regulations", Article 4.4, "Base Zoning District", Section 4.4.10, "Automotive Commercial (AC) District", Subsection 4.4.10(B), "Principal Uses and Structures Permitted", of the Land Develotmuent Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B) Principal Uses and Structures Permitted: The following uses are allowed within the AC District each as a separate and distinct permitted use: ( 1 ) Full service automotive dealerships. (2) The sale, lease or rental of automobiles. (3) The sale, lease or rental of boats. (4) The sale, lease or rental of recreational vehicles. (5) The sale, lease or rental of trucks. (6) The sale, lease or rental of motorcycles. (7) Retail and wholesale sales of vehicular parts, equipment, and accessories without on-site installation. (8! The sale of new utility trailers. However, trailers in excess of 24 feet in length may not be stored on the premises. 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 remaiD~er hereof as a whole or part thereof other than the part declared to be invalid. Section 4. ~nat 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 ~ , 1997. ASTEST: City Clerk First Reading ~~, /~ Second Reading ~ ~ /~ - 2 - Ord. No. 54-96 MEETING OF: OCTOBER 21, 1996 AGENDA ITEM: IV.C. LDR AMENDMENT ADDING THE SALE OR RENTAL OF UTILITY TRAILERS AS A PERMITTED USE IN THE AC (AUTOMOTIVE COMMERCIAL) ZONING DISTRICT ~i~...~ ~..'i~ ....... ~, ~,:~:..,~:...,.~,~:.~:~:~ ........ :: ...... :. .. :. .. ~:.~,.:. :~:~:~`~::~:~:~/~*~:~:~*~*~*~`~*~`~:~`~:~,:~`~*`~:~:~`~:~:~`~ ~ The item before the Board is an amendment to Section 4.4.10 of the Land Development Regulations, adding ~Sale or rental of utility trailers" as a permitted use within the AC (Automotive Commercial) zoning district. Mike Lago, who operates All American Auto Repair at 518 N. Federal Highway, has been seeking an appropriate location to establish his utility trailer sales operation. This use is not listed as permitted in any of the City's zoning districts. Mr. Lago approached the P & Z Board at its meeting of September 16, 1996, regarding the appropriate zoning designation for the use. He asked the Board to make a similarity of use determination so that his business could be located in the GC zoning district. The Board found that the use is not similar to other uses in the GC zone, however, they did agree that it would be appropriate in the AC zoning district. While it could have been established in the AC district through the similarity of use process, there was a question as to whether or not the sale of trailers should be subject to the 1.5-acre site size requirement that applies to the sale of automobiles, boats, etc. In order to address the issue more fully, the Board initiated an amendment to the LDRs adding the use to the AC zoning district. That amendment is now before the Board for action. The AC zoning district allows the sale, lease, or rental of automobiles, boats, recreational vehicles, trucks, and motorcycles. Except for motorcycle sales, the uses require a minimum site size of 1.5 acres. This requirement helps to ensure that there is adequate reom for the storage and display of such large-sized inventory. IV.C. P&Z Board Memorandum Staff Report LDR Amendment - Utility Trailers in the AC District Page 2 The proposed use involves the outside storage, sale, and display of utility trailers, and associated service and repair. Although the trailers' are not motor vehicles, they have to be registered with the Motor Vehicle Department, and must be tagged. The use is similar to other uses permitted in the district, therefore, it would be appropriate to add it as a permitted use. -o These types of trailers vary in size, but most would not exceed 24 feet in length. Unlike car sales, the variety and sizes of trailers are limited, and they are often purchased through a catalog rather than off the lot. Consequently, there is typically not a great deal of inventory maintained on a particular site. It does not appear to be necessary to require that the use be subject to the 1-1/2 acre minimum site size. The use should, however, be subject to all other requirements of the AC district. The proposed amendment adds the use under the section of the AC zoning district entitiled "Principle Uses and Structures Permitted." It does not add ~ufility trailers" to the list of items that are required to have certain mimimum site dimensions. As with motorcycle sales, by this omission it is understood that the minimum site size requirements will not apply to utility trailer sales. By motion, amend Section 4.4.10, Automotive Commercial zoning.district, by adding the following use to subsection (B), Principal Uses and Structures Permitted: (8) The sale or rental of utility trailers. s:docume~pzacldr, doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MJ~AGER~ SUBJECT: AGENDA ITEM #/~ - REGULAR MEETING OF JANUARY 7, 1997 SECOND READING/SECOND PUBLIC HEARING FOR ORDINANCE NO. 60-96 (CELLULAR TOWER MORATORIUM) DATE: JANUARY 2, 1997 This is second reading and the second public hearing for Ordinance No. 60-96 which imposes a ninety (90) day moratorium upon the acceptance or consideration of applications for conditional use approval for communications towers or facilities. The ordinance does not affect pending conditional use applications as of the date of first reading, or December 17, 1996. At first reading, the Commission passed the ordinance by a vote of 4 to 0. Recommend approval of Ordinance No. 60-96 on second and final reading. ref:agmemo2 ORDINANCE NO. 60-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IMPOSING A MORATORIUM ON THE ACCEPTANCE OR CONSIDERATION OF APPLICATIONS FOR CONDITIONAL USE APPROVALS FOR CERTAIN PERSONAL WIRELESS SERVICE TOWERS AND TOWER FACILITIES; PROVIDING FOR THE TREATMENT OF OUTSTANDING APPLICATIONS; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCLUSIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach has permitted the construction of personal wireless service tower facilities as a conditional use within certain zoning districts; and WHEREAS, various provisions of the City of Delray Beach Code of Ordinances contain provisions regulating the placement and construction of these personal wireless service tower facilities; and WHEREAS, Public Law 104-104, commonly known as the Telecommunications Act of 1996 (the Act), was signed into law on February 8, 1996; and WHEREAS, the Act preserves the authority of local governments to make decisions regarding the placement, construction and modification of personal wireless service facilities so long as those decisions do not unreasonably discriminate among providers of functionally equivalent services or prohibit or have the effect of prohibiting the provision of personal wireless services; and WHEREAS, passage of the Act, changes in wireless communication technology, additional licenses granted by the Federal Communications Commission and the increased consumer demand for personal wireless services has had the effect of creating a climate of heightened competition among the providers of personal wireless services and numerous providers of personal wireless services have expressed the desire to locate personal wireless communications facilities within the City; and WHEREAS, this increased competition has resulted in an increase in the number of applications for conditional use approval in the City; and WHEREAS, the number of potential sites within the City which would be acceptable for the installation of personal wireless communications facilities is limited; and WHEREAS, citizens of the community have expressed a desire that personal wireless communications facilities be located and constructed in a manner protective of their health, safety and welfare, as well as the aesthetic welfare of the City; and WHEREAS, current industry technology exists which will allow personal wireless communications facilities to be designed and installed in ways that minimize aesthetic, health, safety and welfare concerns; and WHEREAS, the City Commission has determined that the current provisions within the City's Code of Ordinances relating to the regulation of the placement and construction of personal wireless communications facilities are inadequate as they relate to compatibility with surrounding properties, proliferation of towers and ensuring that co-location of antennas is required; and WHEREAS, the City requires time to study the adequacy of its current regulatory ordinances and to explore and develop modifications or additions to those ordinances; and WHEREAS, processing applications for conditional use approval for personal wireless communications facilities without the benefit of additional information and study to determine the need for providers to design facilities to allow for co-location may result in the inability to allow adequate sites for all competing providers; and WHEREAS, the City Commission has directed staff to draft any needed amendments to the City's Code of Ordinances determined to' be required to protect the aesthetic, health, safety and welfare concerns found to exist; and WHEREAS, City staff has begun the process of researching and drafting any such amendments to the City's Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach does hereby impose a ninety (90) day moratorium upon the acceptance or consideration of applications for conditional use approval for personal wireless service tower facilities, also known as communications towers or facilities. - 2 - Ord. No. 60-96 Section 2. That this ordinance shall not apply to any legally sufficient application for conditional use approval for personal wireless se~ice tower facilities which is pending on December 17, 1996, and shall not apply to any existing structure which is legally grandfathered or the onsite replacement of such structure. Section 3. The definition of "personal wireless services" and "personal wireless se~ice facilities" shall be the same as those terms are defined in Section 704 of the Telecommunications Act of 1996, and shall include communication facilities as described in the City's Code of Ordinances. Section 4. This ordinance addresses tower facilities and their support structures. It specifically excludes and shall not effect pole attachments or the placement of antennae, where such attachment or placement does not involve the construction or st~ctural modification to or expansion of a tower structure. Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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 7th day of January , 1997. ATTEST: First Reading December 17, 1996 Second Reading January 7, 1997 ~ - 3 - Ord. No. 60-96 CITY ATTORNEY S DATE: December 3, 1996 TO: Ci~ Comssion FROM: David N. Tolces, Assistant Ci~ Aao S~CT: Ordinance Establishing A Nuisance Abatement Board Section 893.138, Florida Statutes, authorizes the City to set up a Nuisance Abatement Board ("Board"). The Board would be composed of five regular members and two alternates. After receiving a complaint about a specific property, and providing notice to the owner, the Board would hold a hearing regarding the nuisance at the particular location. Under the ordinance, a nuisance is def'med as follows: (1) As the site of the unlawful sale, delivery, manufacture or cultivation of any controlled substance; (2) On one (1) occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and that has been previously used on more than one (1) occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; (3) As the site of a violation of Florida Statutes, §796.07 (e.g. prostitution); or (4) Any place or building used by a youth and street gang for the purpose of conducting a pattern of youth and street gang activity as defined in Florida Statutes, Chapter 874. Thus, pursuant to the proposed ordinance, and state law, the Nuisance Abatement Board could only consider cases involving the above-described nuisances. All other nuisance issues will still be handled by the Code Enforcement Board. City Commission December 3, 1996 Page 2 The ordinance provides for notice to all interested parties and a hearing procedure. The procedures are established to provide the property owner and the City with equal opportunity to present evidence to the Board. After the preservation of evidence, the Board will issue an order based on the evidence presented. The order may prohibit the continuation of the nuisance, and/or require the owner to take measures to insure that the nuisance will cease. Board orders will be valid for one year, and if the owner fails to comply with the order, the Board may file suit in Circuit Court to seek injunctive relief. If you have any additional questions, please call. DNT:ci Attachment cc: David Harden, City Manager Susan A. Ruby, City Attorney Alison Harty, City Clerk Chief Richard Overman, Dekay Beach Police Department Eric D. Hightower, Police Legal Advisor nab.ctut ~d~r's D~ect C~c: (~?) 243-?~ DELRAY BEACH Ali.America City ~MO~~ ' ll J 1993 TO: David T. H~den, Ci~ Mamger FROM: David N. Tolces, Assistant Ci~ Aaom~ SUBJECT: Nuisance Abatement Ordinance After discussing the proposed nuisance abatement ordinance with Susan Ruby and Chief Overman, it would appear that the most legally acceptable form of the nuisance abatemem board would be to have the Police Legal Advisor present the cases to the board. An independent attorney would have to be hired to represem the board in order to avoid any conflict of interest concerns. The attached ordinance reflects the role of the Police Legal Advisor as the individual who will present cases to the board. Please substitute this ordinance for any prior ordinance I sent you. If you have any questions, please call. DNT:smk Attachment cc: Chief Richard Overman, Delray Beach Police Dept. Eric D. Hightower, Police Legal Advisor nab-2.dnt DELRAY BEACH Delray Beach Police Department NI-Ame~caCity 1993 M MO UM ! a TO: David T. Harden, City Manager ~ f ' FROM: Richard G. Overman, Chief of Police DATE: November 15, 1996 SUBJECT: ESTABLISHMENT OF A NUISANCE ABATEMENT BOARD IN DELRAY BEACH I have reviewed David Tolces's memorandum to you of November 8, 1996, outlining conditions under which a city may establish a nuisance abatement board. I strongly recommend that the City of Delray Beach consider the establishment of our own nuisance abatement board inasmuch as it does not appear that the County Nuisance Abatement Board is going to go forward any time soon. I believe that nuisance abatement is tantamount to the successful restoration of our neighborhoods and is a key tool to be used in a community policing approach to solving problems. I would hope that we could move as quickly as possible on this so that we can get back to the business of dealing with crack houses and other such nuisances which have a chilling effect on neighborhoods. RGO/ppt ORDINANCE NO. 5 9- 9 6 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING A NEW CHAPTER 135, "ABATEMENT OF NUISANCES "; PROVIDING FOR THE ESTABLISHMENT OF A NUISANCE ABATEMENT BOARD PURSUANT TO FLORIDA STATUTE SECTION 893.138; PROVIDING FOR OPERATION PROCEDURES, ENFORCEMENT AUTHORITY, AND JUDICIAL REVIEW; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted Section 893.138, ~ to allow a local government to establish a nuisance abatement board to address the issues of prostitution and the sale of controlled substances on property within the local government's jurisdiction; and WHEREAS, the Delray Beach City Commission recognizes the significant efforts of the citizens of Delray Beach and the Delray Beach Police Department in working together to control prostitution and the sale of controlled substances; and WHEREAS, despite the efforts, the City of Delray Beach City Commission finds that in order to further protect its citizens' health, safety and welfare, the establishment of a nuisance abatement board is necessary to provide additional assistance in the continued efforts to control prostitution and the sale of controlled substances within the City limits; and WHEREAS, the Delray Beach City Commission finds that the nuisance abatement board process, as authorized by Section 893.138, Fla. Stat, will provide the citizens of Delray Beach an effective method of addressing nuisances within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE. CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~. That Title 13, "General Offenses", of the City of Delray Beach Code of Ordinances is hereby amended by enacting a new Chapter 135, "Abatement of Nuisances", which reads as follows: Section 135.01 TITLE. This article shall be known as the "Ci.ty of Delray Beach Nuisance Abatement Ordinance. ' Section 135.10 DEFINITIONS. (al Public nuisance: Any place or premises within the City_ limits of Delray Beach which has been used on more than two (2) occasions, within a six-month period: As the site of the unlawful sale. delivery_, manufacture or cultivation of any controlled substance: On one (l/ occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and that has been previously used on more than one (D occasion as the site of the unlawful sale. delivery, manufacture, or cultivation of any controlled substance: (3) As the site of a violation of Florida Statutes. 8796.07: or (4) Any place or building used by a youth and street gang for the purpose of conducting a pattern of youth and street gang activi _fy as defined in Florida Statutes. Chapter 874. Board: The nuisance abatement board of the City.. (¢/ Clerk: Person appointed bv the local governing body of the Ci[y to perform the clerical duties necessary_ to carry, out the activities of the nuisance abatement board. Operator: Tenant. lessee or person having control or possession of the premises. (e) Controlled Substance: Includes any substance sold in lieu of a controlled substance in violation of Florida Statutes. ~$ 817.563. or any imitation controlled substance defined in Florida Statutes. ~ 817.564. Section 135.20 NUISANCE ABATEMENT BOARD: ORGANIZATION. (a) There is hereby created and established a nuisance abatement board to hear eyidence relating to the existence of public nuisances on premises located in the City_. This board shall consist of five (55 re_tmlar members and two (2~ alternate members appointed by a ma_iority vote of the Ci_ty Commission for two-year terms, except as set forth herein at subsection CoL Members of the nuisance abatement board shall be persons who reside in the City_. (b) The initial appointments to the nuisance abatement board shall be as follows: 2 ORD. NO. 59-96 Two (2~ regular members and the chairman appointed for a term of two (2) years: and (23 Two (2) regular members shall be appointed for a term of one (1) yeaL (3) Two (2) alternate members shall be appointed for. a term of two (2) years. Upon expiration of initial terms, subsequent appointments for two (2) years shall be made. Any member who has not completed two (2) full consecutive terms may be reappointed by the City. Commission. Appointments to fill a vacancy shall be for the remainder of the unexpire0 tenn. Any member who fails to attend two (23 of three (3) successive meetings without cause and without prior approval of the chairman shall automatically forfeit his appointment, and the City Commission shall promptly fill such vacancy for the remainder of the term. (,c) The presence of three (3) or more members shall constitute a quorum. Members shall serv~ without compensation. Section 135.30 OPERATING PROCEDURES. (a) Any employee, officer or resident of the City. may file a complaint with the Police Department regarding the existence of a public nuisance, as defined in Section 135.10(a). on premises located in the City_. Co/ When the Police Department receives a complaint, the Police Legal Advisor shall review the complaint to determine if the complaint properly alleges that a public nuisance, as defillCd in Section 135.10(a). exists on the premises. If the Police Legal Advisor determines that' the complaint Properly alleges that a public nuisance exists on the premises, the Police Legal Advisor shall promptly request a hearing before the nuisance abatement board. (c) The nuisance abatement board, through its clerk, shall schedule a hearing: and written notice of the hearing shall be sent to the owner and operator(s) of the premises at their last-known addresses at least five (5~ days prior to the scheduled hearing. The aforesaid notice of hearing shall include: (II A statement of the time. place and nature of the hearing. (2) , A statement of the legal authority, and jurisdiction under which the hearin~ is to be held. 3 ORD. NO. 59-96 (3) A reference to the particular sections of the statutes and ordinances involved, (4) A short and plain statement summarizing the incidents complained of. Section 135.40 CONDUCT OF I:[EARINGS. (a) The chairman of the board may call hearings of the board. Hearings may also be called by written notice signed by at least three (3) members of the board. The board, at a hearing, may set a future hearing date. The board shall attempt to convene no less frequently than once every_ month but may meet more or less often as the demand necessitates. The board shall adopt rules for the conduct of its hearings. Minutes shall be kept of all hearings, and all hearings shall be open to the public. The City. shall provide clerical and administrative personnel as may be reasonably required for the proper performance of the board's duties. (b) The Police Legal Advisor shall present cases before the board. All parties shall have an opportunity to present evidence and ar~ment on all issues involved, to conduct cross- examination, to submit rebuttal evidence, and to be representecl by counsel. When appropriate. the general public may be given an opportunity_ to present oral or written communications. The board may consider any evidence, including evidence of the general reputation of the place or premises. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Orders of the board shall be based on competent and substantial evidence, and any finding that a nuisance exists must be based on a "preponderance of the evidence" standarcl, (C) After considering all evidence, the board may declare the place or premises to be a public nuisance as defined in Section 135.10(a) and may enter an order as follows: (1) Immediately prohibiting the maintaining of the nuisance; Immediately prohibiting the operating or maintaining of the place or premises including the closure of the place or premises or any part thereof: (3~ Immediately prohibiting the conduct, operation or maintenance of any business or activity_ on the premises which is .conductive to such nuisance: (4) Requiring the owner of such place or premises declared to be a public nuisance to adopt such procedure as may be appropriate under the circumstances to abate any such nuisance, 4 ORD. NO. 59-96 All orders of the board shall be bv motion approved by a ma.iority of those members present anal voting, except that at least three (3) members, of the board must be present in order for the action (dj An order entered under subsection (c/ shall expire after one (Il year. or at such earlier time as stated in the order. The board may retain jurisdiction to modify_ its orders prior to the ¢;~piration of the orders. (e) The City_ Police Department shall assist the board in can'ying out any legally authorized order rendered pursuant to this article. (f) In the event that orders of the board expire and/or are not complied with. or are for any reason ineffective, the board may then bring a complaint under Florida Statutes. ~ 60.05. seeldng a permanent in_iuncfion against an.v public nuisance described in Section 135.10(al. An order entered hereunder may be enforced pursuant to the procedures contained in Florida Statutes. S 120.69. Section 135.50 JUDICIAL REVIEW. Any person, including the City_ of Delrav Beach. ag:m'ieved bv any ruling or order of the nuisance abatement board, may seek review by certiorari in the circuit court. A petition for writ of certiorari shall be filed within thirty. (30/days of the date of the written order appealed from. Section 135.60 RIGHTS PRESERVED. This article does not restrict the right of any person to proceed under either Section 60.05 or Section 823.05. Florida Statutes. against any public nuisance. ~ 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 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. That this ordinance shall become effective ten (10) days from its passage on second and final reading. 5 ORD. NO. 59-96 PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ,1996. MAYOR ATTEST: City Clerk First Reading. Second Reading. nab.ord 6 ORD. NO. 59-96 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER .~ SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 58-96 (EMERGENCY MEDICAL TRANSPORTATION FEES) DATE: JANUARY 2, 1997 This is second reading and public hearing for Ordinance No. 58-96 which amends Section 96.66 of the City Code by adjusting the fee schedule for emergency medical transportation in accordance with the Inflation Index Charge (I.I.C.) for 1997. At first reading on December 3, 1996, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 58-96 on second and final reading. ref:agmemol [IT¥OELR ¥ gE £H FIRE DEPARTMENT SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH DELRAY BEAEH MEMORANDUM {l~A~rica Cit~ ~ 90) ~OM: ROBERT B. ~, ~ C~F DATE: NO~ER 19, 1996 S~CT: ~ST~ OF EMS ~SPORT ~ES We have been notified that the In~adon Index Charge (I.I.C.) for 1997, applicable to Medicare semites and fee schedules, will be a 2.8 % incre~e. According to CiW of Delray Beach Ordinate No. 5-95, Section 96.66, Emergency Medical Tr~spo~ Fees, Sub-Section B: "The Ci~ Commission may ad~us~ fees annually pu~uant to the Inflation Index Charge fi. LC.) which is used by Medicare to determine the appropriate fee cha~es." It is our recommendation that ~ increase be ~anted effective Janua~ 1, 1997. ~is will allow us to keep up with the changes in Medicare allowances. I suggest we put this on the next Commission Meeting agenda, if it meets with your approval. ~e following shows what percentage eh~ges would be for each charge: P~SE~ ~E 2.8% ~C~ASE TOTAL RO~ O~ ALS $280.00 7.84 $287.84 $290.00 BLS $210.00 5.88 $215.88 $215.00 Mileage $5.15 .14 $5.29 $5.30 per mile If you would like to move forward with this proposal I will do the appropriate paper work for the Commission agenda. Fire Chief Attachment. 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 /~"~ 'r~ · ORDINANCE NO. 58-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO REVISE THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE INFLATION INDEX CHARGE FOR 1997; PROVIDING A GENERAL REPEAT.~.R CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on January 17, 1995, the City Commission adopted Ordinance No. 5-95, which enacted a new Section 96.66 of the City Code to provide for emergency medical transportation fees; and WHEREAS, pursuant to Section 96.66(B) of the City Code, the City Commission may adjust fees annually pursuant to the Inflation Index Charge (I.I.C.) which is used by Medicare to determine appropriate fee charges; and WHEREAS, the City Commission has been notified that the Inflation Index Charge (I.I.C.) for 1997, applicable to Medicare services and fee schedules, will be a 2.8% increase. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", Subsection 96.66(A), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (A) The following service charges or fees are levied for the provision of emergency medical transportation: ( 1 ) Advanced Life Support transportation fee ~/~ $290.00 (2) Basic Life Support transportation fee $~/~ $215.00 (3) Mileage fee ~//~/~/~%~¢ $ 5.30/mile 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 as of January 1, 1997. PASSED AND ADOPTED in regular session on second and final reading on this the 7th day of January, 1997. ATTEST: City Cl~rk First Reading December 3, 1996 Second Reading January 7, 1997 !i - 2 - Ord. No. 58-96 . "~. Highlights ~f Wednesday's'Palm Beach County Commiso .. sidn meeting:~..h',--, c:-,,.~,,.-~...:~ ..:.~.:~ ;..-. :, ~.-,~ .. -; - . i .' " · · AMBIJL~,N¢£ F££$: Gave'preliminary .approval to .raising the basic rate from .$200 to. $210, the advanced rate from $300 to $310 and the mileage charge from $6.50 per mile to $7 per mil(i. Medicare has'increased its reimbursement · allowance, so the county is following suit with its own increase. Commissioners will consider the fees for ~nal 'approval Nov. 19. '--" ~- .~. ' : · P£I J~.DOP?lOtq$:'Agreed to reduce adopfiori fees for adopuon fee is about $60. After the ariimal is held in a pet i !i ~ store for two weeks, the fee would be reduced to $40. The fee would drop ag~n aftei' an'additional two weeks to about · $20. After six weeks, the fee could be waived entirely at the 'discretion Of Animal Care & Control, and the animal could be .~!~ '" given to a humane orgard2afion for adoption. ' · ' ~/.'" · ,~RlIFl¢l~,L R££F. Uding vessel registration fees, a 'state grant and other donations, commissioners approved a $145,000 contract with ReSolve Towing & Salvage to scuttle the'2~3-foot Jed Carrier as'an artificial reef about 1 mile north of the Lake Worth Inlet; ."... !. '". ' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY I~k~XlAGER~ FIRST READING FOR ORDINANCE NO. 1-97 (REZONING FOR BORTON VOLKSWAGEN) DATE: JANUARY 2, 1997 This is first reading for Ordinance No. 1-97 which rezones a parcel of land from GC (General Commercial) District to AC (Automotive Commercial) District. The subject property consists of Lots 39 and 40, Delray Beach Estates, and contains 2.55 acres. It is located on the east side of North Federal Highway, approximately 1,500 feet north of Allen Avenue, immediately north of the Borton Volvo dealership. The rezoning to AC is proposed to accommodate the construction of a new full service automobile dealership for Borton Volkswagen. Please refer to the staff report for further review and analysis. The Planning and Zoning Board considered this matter at a public hearing on December 16, 1996, and voted 6 to 0 to recommend approval based upon positive findings with respect to policies of the Comprehensive Plan, and Chapter 3 (Performance Standards) and Section 2.4.5(D) (5) of the Land Development Regulations. Recommend approval of Ordinance No. 1-97 on first reading. If passed, a quasi-judicial/public hearing will be scheduled for January 21, 1997. ref:agmemo6 ORDINANCE NO. 1- 97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY APPROXIMATELY 1,500 FEET NORTH OF ALLEN AVENUE, IMMEDIATELY NORTH OF BORTON VOLVO, 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 GC (General Commercial) District; and WHEREAS, at its meeting of December 16, 1926, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at public hearing and voted 6 to 0 to recommend approval of the rezoning, 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 AC (Automotive Commercial) District for the following described property: Lots 39 and 40, DELRAY BEACH ESTATES, according to the Plat thereof, as recorded in Plat Book 21, Page 13, of the Public Records of Palm Beach County, Florida. The subject property is located on the east side of North Federal Highway, approximately 1,500 feet north of Allen Avenue, and i~,u,,ediately north of the Borton Volvo dealership; containing 2.55 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1997. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 1-97 LANE T~NNIS COUR TS TANGERINE WAY FOOTBALL FIELD BOR TO~ 22N0 ST. VOLVO N.E. 21ST ST. ~ M.S.A. TRACT co D£LRA Y SWAP SHOP 2OTH ST. ~ ,..¢,, ?-~.-. ~ C RMKoKO~OKr~, -REZONING- FROM: CC (GENERAL COMMERCIAL) TO: AC (AUTOMOTIVE COMMERCIAL) TO: DAVID T. HARDEN, CITY MANAGER AND ZONING FROM: J/F Y a. COSTELLO ~ENIOR PlaNNER SUBJECT: MEETING OF JANUARY 7, 1997 REZONING FROM GC (GENERAL COMMERCIAL) TO AC (.AUTOMOTIVE COMMERCIAL) FOR PROPERTY LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY. APPROXIMATELY 1.500 FEET NORTH OF ALLEN AVENUE. JUST NORTH OF BORTON VOLVO. The action requested of the City Commission is that of approval on first reading of an ordinance rezoning a 2.55 acre parcel of land from GC (General Commercial) to AC (Automotive Commercial) for Borton Volkswagen. The subject property is located on the east side of North Federal Highway, approximately 1,500 feet north of Allen Avenue, just north of Borton Volvo. The proposal inc. orporates Lots 39 and 40, Delray Beach Estates, and contains 2.55 acres. The subject property is partially developed with a mixed commercial and residential structure, and billboard on Lot 40 (south half of the property), with Lot 39 currently vacant. Both properties were developed while under Palm Beach County jurisdiction. The rezoning from GC to AC will allow the demolition of the existing structure and construction of a new full service automobile dealership for Borton Volkswagen. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. City Commission Documentation Meeting of January 7, 1997 Rezoning from GC to AC for BoRon Volkswagen Page 2 At its meeting of December 16, 1996, the Planning and Zoning Board held a public hearing in conjunction with review of the rezoning. There was public testimony in support of the request. After reviewing the staff report, the Board voted 6-0 (Carbone absent) to recommend that the rezoning request be approved, based upon positive findings with respect to policies of the Comprehensive Plan, and Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations. By motion, approve on first reading the ordinance for the rezoning from GC (General Commercial) to AC (Automotive Commercial) based upon positive findings with respect to the policies of the Comprehensive Plan, and Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, setting a public hearing date of January 21, 1997. Attachments: P & Z Staff Report and Documentation of December 16, 1996 Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: December 16, 1996 AGENDA ITEM: v.c. ITEM: Rezoning from GC (General Commercial) to AC (Automotive Commercial) for a parcel of land I(~cated on the east side of North Federal Highway, immediately north of the Borton Volvo Dealership. GENERAL DATA: Owner ..................................... Gerald Solomon Applicant ................... .. ............. Kjell Bergh & Loren Sheffer Borton Motors, Inc. Location .................................. East side of North Federal Highway, approximately 1,500 ff. north of Allen Avenue, immediately north of the Borton Volvo dealership. Property Size .......................... 2.55 Acres Land Use Map Designation .... General Commercial Existing City Zoning ................ GC (General Commercial) Proposed City Zoning ............. AC (Automotive Commercial) Adjacent Zoning ............ North: GC East: Town of Gulf Stream - RS (Single Family Residential) South: AC West: GC Existing Land Use .................. Primarily vacant land with a mixed commercial and residential v~.vo struCture on the south side of the property, and a billboard at the southwest comer of the property. Proposed Land Use ................ Demolition of the existing structure and construction of a new showroom and write-up area for Borton Volkswagen. Water Service .........................Available via a service lateral connection to an existing 12" main ~o~o,o ~, along the east side of Federal Highway.- Sewer Service .........................Available via a service lateral connection to an existing 10' main along the east side of Federal Highway. The item before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from GC (General Commercial) to AC (Automotive Commercial) for Borton Volkswagen, pursuant to LDR Section 2.4.5(D). The subject property is located on the east side of North Federal Highway, approximately 1,500 feet north of Allen Avenue, just north of Borton Volvo. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~*::.:.~:.:..~.::i~-~= ~: ~::i~:~.'- ~ i.-':~ :~: :.:~.'-.'.::'. ~.:::::.-:=:~ ...~.-.' ~:.: ~.~::=::: :.~..'.':*= ::: ::..::-.:::.'::~.=.:~','.~ · ~:, =============================== The proposal incorporates Lots 39 and 40, Delray Beach Estates, and contains 2.55 acres. The subject property is partially developed with a mixed commercial and residential structure, and billboard on Lot 40 (south half of the property), with Lot 39 currently vacant. Both properties were developed while under Palm Beach County jurisdiction. in 1981, the owners of Lot 39 entered into a water service agreement with the City, which stated that the owner agreed to voluntarily annex when the property became contiguous to the City. Subsequently, on December 14, '1982, the property was voluntarily annexed into the City with the GC (General Commercial) zoning designation (via Ord. No. 94-82). The property contained a 1,408 sq.ft. commercial building constructed in 1961 which contained 3 businesses: Ceramic Cottage, Lucille's Antiques, and Hiidegarde's Consignment. The structure was last occupied in 1988 by a maintenance business, and was demolished in 1990. On March 22, 1994, Lot 40 was annexed into the City pursuant to ELMS III legislation [F.S. 171.046(2)(a)] with the GC zoning designation (via Ord. No. 17- 94), The property contains a 1,016 sq.ff, mixed commercial and residential structure which was constructed in 1961. The commercial aspect was occupied by Frantiques, an antique Store, which vacated the structure in 1995. The proposal is to change the zoning designation of the property from GC (General Commercial) to AC (Automotive Commercial). The property contains a 1,016 sq.ff, mixed commercial and residential structure. The rezoning to AC will allow the demolition of the existing structure and construction of a new full service automobile dealership for Borton Volkswagen. P & Z Board Staff Report Rezoning from GC to AC for Borton Volkswagen Page 2 ~:~:', ............................................................................................................. ~::I:':~ :".G.'::N: i:'N :G''':::~ 'N ~::E::~:':S ::ILS ~':':':':::::: ............... :::::::::::::::::::::::::: ................... *~. ..................... REQUIRED FINDINGS: (Chapter 3) Pumuant to Secaon 3.1.1 (Required Findings), prior to ~e approval of development applicaaons, celia findings must be made in a fo~ which is pa~ of the o~cial record.' This may be achieved ~rough info,atica on ~e application, ~e s~ff mpo~ or minutes. Findings shall be made by ~e body which has ~e au~ori~ to approve or deny ~e development application. These findings relate to ~e Futura Land Use ~ap, Concurrency, Comprehensive Plan Consistency and Compliance with ~e Land Development Regula6ons. FUTURE LAND USE ~AP: The use or s~uctures must be allowed in ~e zoning district and the zoning district must be consistent wi~ the land use designation. The subject prope~ has a General Commercial Future Land Use Map designation and is currently zoned GO (General Oommercial). The proposed AO (Automotive Commercial) zoning is consistent with the General Commercial land use designation. Pumuant to the LDR Section 4.4.13(B)(1), within the AC zone district, the proposed full se~i~ automobile dealemhip is allowed as a pe~i~ed use. Based upon the above, a positive finding can be made with respect to consistency with the land use map designation. CONCURRENCY; Facilities which are provided by, or ~rough, the Ci~ shall be provided to new development concurrent with issuance of a Ce~ificate of Occupancy. These facilities shall be provided pumuant to levels of se~ice es~blished within the Comprehensive Plan. Water & Sewer; Q Water sewice ~n be easily a~ommodated via a se~i~ lateral connection to the existing 12" water main along the east side of Federal Highway. Adequate fire suppression is provided via an existing fire hydrant at the southwest comer of the site. Sewer se~ice is available via a sewice lateral ~nne~ion to the existing 10" main along the east side of Federal Highway. Pumuant to the Comprehensive Plan, treatment ~paci~ is available at the Ci~'s Water Treatment Plant and the South Central Coun~ Waste Water Treatment Plant for the Ci~ at build-out. Based upon the above, positive findings can be made with respect to this level of se~ice standard. P & Z Board Staff Report Rezoning from GC to AC for Borton Volkswagen Page 3 Drainacle: With a rezoning request drainage plans are not required. The site is primarily vacant with an existing structure on the south side of the property. The rezoning will not negatively impact this existing situation. The proposal involves demolition of the existing structure and construction of a full service automotive dealership. With a site plan submittal, drainage plans will be required. There are no problems anticipated with retaining drainage on site and obtaining a South Florida Water Management District permit. Traffic; As the intensity of uses within the GC and AC zoning districts are similar, comparable traffic volumes would be generated. With the submittal of a site plan application, a full traffic impact study must be submitted. The traffic study must comply with the Palm Beach County Traffic Performance Standards Ordinance. There are no problems anticipated meeting this level of service standard. Parks and Recreatiorl; Park and dedication requirements do not apply to nonresidential uses. Solid Waste: Trash generated each year by the proposed automotive use under the AC zone district will be equal to or less than that generated by the commercial uses allowed under the GC zone district. The development of the property under the AC zone district should not create an adverse pact on this level of service standard. CONSISTENCY; Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Land Use Element Policy A-2.4 - Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best P & Z Board Staff Report Rezoning from GC to AC for Borton Volkswagen Page 4 suits the community's future development, the following shall be adhered to: El Auto related uses shall not be permitted in the CBD Zone District or Within the geographic area along Federal Highway which extends four blocks north and three blocks south of Atlantic Avenue. El Automobile dealerships may locate and/or expand west of Federal Highway, or between the one-way pair system (except as restricted above). ~ Automobile dealerships may locate and/or expand east of Federal Highway, only north of N.E. 6th Street, except within the area lying east of Federal HighWay north of N.E. 8th Street, or parcels fronting on N.E. 8th Street, and south of the north border of the Flea Market property. Within such excluded area, automobile dealerships may not locate or expand. New dealerships shall not locate nor shall existing dealerships expand south of N.E. 6th Street provided however, that automobile dealerships south of N.E. 6th Street may expand onto adjacent property which is currently in an auto related use and which is zoned to allow such use. El Auto related uses which involve the servicing and repair of vehicles, other than as a part of a full service dealership, shall be directed to industrial/commerce areas. If the rezoning is approved, the subject property will be developed as a full service automobile dealership. The development proposal is consistent with this Policy as the subject property is located east of Federal Highway north of the north boundary of the Delray Flea Market. Thus, the proposal is not within a restrictive geographical area identified above. Future Land Use Element Policy C-1.6 - (in summary) ...the North Federal Highway Corridor is designated as a blighted area. This policy calls for the preparation of a corridor improvement program that will, among other objectives, promote the improved appearance of the area, provide for economic stimulation and investment in the area, create jobs, and stabilize and preserve residential neighborhoods through new development, redevelopment and the elimination of blight. The subject property incorporates a portion of the Community Redevelopment Agency's (CRA) sub-area #5, identified in the CRA Plan. Preparation of the corridor plan described in the above policy is nearing completion. This proposal will fulfill all the objectives referenced above. In addition, the draft plan indicates that a new or expanded dealership in this area is appropriate. P & Z Board Staff Report Rezoning from GC to AC for Borton Volkswagen Page 5 The proposal will provide economic stimulation and investment in the area and result in the redevelopment of a blighted property which has not been well maintained for many years. The proposed development will assist in the stabilization of the existing neighborhood to the south and should be an inducement to redevelopment of the Federal .Highway corridor. Thus, the proposal is consistent with the objectives of the Community Redevelopment Agency's North Federal Highway Improvement Program and was supported by the CRA at its meeting of November 14, 1996. Traffic Element Table T-4 Pursuant to the .County's Thoroughfare Map and Traffic Element Table T-4 of the City's Comprehensive Plan, the ultimate right-of-way width for this section of Federal Highway is 120 feet, and currently only 100' is provided. Thus, with the site plan submittal, a right-of-Way dedication of 10' must be provided from the subject property. Future [,and Use Element Objective A-1 - Vacant .property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical conditions, is complementary to adjacent land uses, and fulfills remaining land use needs. The property has been disturbed and is partially developed. The existing structures will be demolished and a new automobile dealership constructed. The proposal fulfills the needs identified as part of the North Federal Highway improvement Program. The proposed zoning of Automotive Commercial and its potential uses will be complementary to the surrounding commercial developments and can be developed in a manner that will be compatible with the residences to the east. This policy will be further addressed at the time of site and development plan review. Section 3.3,2 (Standards for Rezoning Actions): Standards A and B are not applicable. The applicable performance standards of Section 3.3.2 are as follows: (C) Additional strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it. Where existing strip commercial areas or zoning exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed AC zoning is not considered strip commercial zoning. The site contains 2.55 acres and is to be developed as a full service automobile dealership. P & Z Board Staff Report ~ Rezoning from GC to AC for Borton Volkswagen Page 6 {D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient-regulations exist to properly mitigate adverse impacts from the new use. The subject property is bordered by the following: to the north and west are zoned GC (General Commercial); to the south is zoned AC (Automotive Commercial); and, to the east is zoned Town of Gulf Stream RS (Residential Single Family). The surrounding land uses are as · follows: to the north is retail (The Antique Market Place); south is Borton Volvo, a full service automobile dealership; to the east are two single family homes associated with the Place Au Soleil subdivision in the town of Gulf Stream; and to the west, across Federal Highway, is Top Line Auto Sales and a parking lot associated with-Badcock's Economy Furniture. Compatibility with the adjacent properties is not a concern as the property is bordered on the north, south and east by commercial uses. With regard to the residences to the east, there is an existing 6' high concrete fence along the east side of the property. Further, sufficient regulations currently exist i.e. increased building setbacks and buffering, to mitigate any potential adverse impacts of the commercial uses [ref. LDR Sections 4.6.4(A) and 4.4.10(G)(4)(a)]. These regulations include trees every 25 feet with a continuous hedge or 6' high masonry wall adjacent to the residences. Compatibility will be further addressed at the time of site and development plan review. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4,$(D)($) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons forWhich 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 ap_oropriate for the property based upon circumstances particular to the site and/or neighborhood. P & Z Board Staff Report Rezoning from GC to AC for Borton Volkswagen Page 7 The applicant has submitted a justification statement which states the following: aThe reason for which the rezoning is being sought is based upon Item 'c". The property abuts an AC zoned property to the south which contains the Borton Volvo and Volkswagen dealership. The rezoning will allow the relocation of the Volkswagen operation and redevelopment of a property that is currently an eye sore to. the surrounding properties." Comment: The basis for which the rezoning is being sought most closely relates to Item "c". The proposed zoning is similar in intensity as allowed under the General Commercial Future Land USe Map designation. Given the blighted situation as well as the thrust for redevelopment and economic stimulation along this section of Federal Highway, it is appropriate to rezone the property to AC. COMPLIANCE WITH LAND, DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development proposal. Automotive Commercial Development Standards [LDR Section 4.4.10(F)_~ Pursuant to LDR Section 4.4.10(F)(2), the sale, lease, or rental of automobiles, boats, recreational vehicles, or trucks, shall be conducted on a lot which has the following minimum dimensions and area: a) Frontage: 125' b) Width: 125' c) Depth: 200' d) Area: 1.5 Acres As the proposal is to establish an auto sales dealership, the above code section is applicable. The property has 200 feet of frontage and width, 555.84 feet of depth (average)~ and 2.55 acres, thus exceeding the minimum site dimensions and area of the AC zone district. In addition to the above, the AC zone district has special requirements regarding outdoor display areas, lighting, use and operating restrictions, bullpen parking areas, and location of service areas as they relate to residential property. Future development of the site must comply with these requirements. Billboard There is an .existing billboard located at the southwest comer of the property. Pursuant to the City's sign regulations (LDR Section 4.6.7), billboards are nonconforming signs and could be *removed at the City's request. However, pursuant to the Florida State Statutes Section 479.15(2), along federally funded P & Z Board Staff Report Rezoning from GC to AC for Borton Volkswagen Page 8 interstate and primary highways, removal of nonconforming billboards require the payment of just compensation. As Federal Highway is a federal-aid primary highway, the City would have to pay just compensation for the sign located on the subject property. It is anticipated' that with development of the property, the billboard will be removed as it will obstruct the view of displayed vehicles. The billboard compounds the negative visual impacts along North Federal Highway. No information has been provided regarding the legal aspects of the lease. Staff will work with the property owner in order to obtain compliance. Special Landsca.oe Setback Any development of the property will require the installation of a 25' landscape setback along Federal Highway per LDR Section 4.3.4(H)(6)(b). The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and HPB (Historic Preservation Board). Community_ Redevelopment Agency At its meeting of November 14, 1996, the CRA reviewed and recommended approval of the r~zoning request. Ad_iacent Municipalities Notice of the rezoning has been provided to the City of Boynton Beach and the Town of Gulf Stream. A response has not been received. Courtesy Notices; Special courtesy notices were provided to the following homeowners and civic associations: E! La Hacienda Homeowners .Association El North Federal Highway Task Team El Seacrest Homeowners Association El North Palm Trail Homeowners Association Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Two letters of support have been submitted and are P & Z Board Staff Report Rezoning from GC to AC for Borton Volkswagen Page 9 attached. Additional letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. ~:.:.:::.'::..; ::~,:.< :;: ......... ~.::::;: .-..:: :::; :,.-:.::: :;:~:: ~.:. ~.:. ~. :~.:. ~.:....M..:.~:~ :::Ni:: ~:~;:: ~::iN:: ~:~:: ::: ~i.; ~.; !~:.: ~:-:-~i.: ~ ~:.~.,-~, ~:.:-:-:~ ~.$::::.:.'.:x-~:;-;:.-~::::.:,:.: ,+ .~:~: ,. ~ :,.~..~ ::: The rez°ning from GC (General Commercial) to ~,C (Automotive Commercial) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The proposal is consistent with the North Federal Highway Improvement Program as it will provide the desired economic stimulation and investment in the area, and result in the redevelopment of a blighted property which has not been well maintained for many years. The proposed rezoning will enable positive findings to be made with LDR Section 2.4.5(D)(5) (Rezoning Findings). Given the blighted situation as well as the thrust for redevelopment and economic stimulation along this section of Federal Highway, it is appropriate to rezone the property to AC which will allow the proposed full service automobile dealership as a permitted use under the AC zoning district. " A. Continue with direction. B. Recommend approval of the rezoning request from GC to AC for Borton Volkswagen, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). C. Recommend denial of the rezoning request from GC to AC for Borton Volkswagen, based upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5), that the rezoning does not fulfill one of the reasons for which a rezoning should be sought. i~"~- ~:~.~:.~:~:.-'~'~'~'~ ~;~:~:~<~:<<~"`~`~~:~:~:~::~:~<~ .~ >>-.. ~.~ .~,~i~ ..... ~.. .................. ~ ............. .:.,~::~:~..:,-.~¢.. ~ ............ .~;:.:..>.'~.,,~..~:~ ........................... ::: ......... ::~ :..:..~:~....:::~. ....................... :::::::::::::::::::::::::::::: ............... ~:¥~{%~ ~ w,,.,,..~...:~.~;.~..:.~:,..: ! Recommend to the City Commission.approval of the rezoning from GO to AC for Borton Volkswagen, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, nnd LDR Section 2.4.5(D)(5). Attachments: IZ! Letters of Support IZ! Location/Zoning Map ~ Boundary Survey This Staff Report was prepared by: Jeff Costello. S~nior Planner Granet, Wachtel, & Sussman 500 N.E. Kay Terrace Boca Raton, Fl. orida 33432 : December 12, 1 ~96 ' Attention: Director of Planning and Zoning Diane Dominguez Dear Diane: On behalf of the owners of the property on Lot 36, Delray Beach Estates, located just three lots Norfla of the Property proposed to be rezoned by Borton Motors, Inc.-Borton Volkswagon, I wish to express our support of the rezoning. We believe that it will be a. quality development and an asset to the neighborhood. Lenore E. Wachtel Owner/Manager Herbert L. Wachtel M.D. & Angelo V. Pace M.D. 909 N.E. 9t~h Avenue Delray Beach, Florida 33483 Decembor 12, 1996 Attention: Director of Planning and Zoning Diane Domingu~z As the ownex~' of a Medical Building in th, area ora proposed ~zoning for Borton Moro~, lnc.-Borton Volkswagon, we wish to expr~s our ,upport r~zoning. We believe that the ar~ i~ in n,ext of mot, quality development ~md that this will be an ~s,t lo the I ~ I I I I I ~ I I · I I ! MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANASER ~'~'I SUBJECT: ASENDA ITEM #1~- RESU~R ME~,TINS Or ~ANUARY 7, 1997 ~IRST RE.DINS FOR ORDINANCE NO. ~.-97 (REZONINS ~OR SOLD COAST MEDICAL CENTER) DATE: JANUARY 2, 1997 This is first reading for Ordinance No. 2-97 which rezones a 0.60 acre parcel of land from AC (Automotive Commercial) District to GC (General Commercial) District. The subject property is located at the northwest corner of S.E. 5th Avenue (southbound Federal Highway) and S.E. 10th Street. The site has been used for vehicle storage associated with the Wallace car dealerships. The proposed rezoning to GC will accommodate the construction of a 3,000 to 3,500 sq.ft, medical center/family practice building (Gold Coast Medical Center). Please refer to the staff report for further review and analysis. The Planning and Zoning Board considered this matter at a public hearing on December 16, 1996, and voted 6 to 0 to recommend approval based upon positive findings with respect to policies of the Comprehensive Plan, and Chapter 3 (Performance Standards) and Section 2.4.5(D) (5) of the Land Development Regulations. Recommend approval of Ordinance No. 2-97 on first reading. If passed, a quasi-judicial/public hearing will be scheduled for January 21, 1997. ref:agmemo7 ORDINANCE NO. 2-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONEDAC (AUTOMOTIVE COMMERCIAL) DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED AT THE NORTHWEST CORNER OF S.E. 5TH AVENUE AND S.E. 10TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, ANDANEFFECTIVE 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 AC (Automotive Commercial) District; and WHEREAS, at its meeting of December 16, 1996, the Planning and Zoning Board for the City of Delray Beach, as. Local Planning Agency, considered this item at public hearing and 'voted 6 to 0 to recommend approval of the rezoning, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby. amended to reflect a zoning classification of GC (General Commercial) District for the following described property: Lots 10 through 15, inclusive, Block 8, RIO DEL REY, according to the Plat thereof recorded in Plat BoOk 12, Page 84, of the Public Records of Palm Beach County, Florida, and together with the right-of-way abandoned by City of Delray Beach Resolution No. 10-86, recorded in Official Record Book 4812, Page 1046 of the Public Records of Palm Beach County, Florida. Less and not including the right-of-way deed to the City of Delray Beach by Right-of-Way Deed recorded in Official Record Book 4812, Page 1050 of the Public Records of Palm Beach County, Florida. The subject property is located at the northwest corner of S.E. 5th Avenue (southbound Federal Highway) and S.E. 10th Street; containing 0.60 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section i 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 , 1997. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 2-97 BAR TON APT CONDOS CHURCH~L CONDO CURRIE COMMONS ,~ ~ R BARNETT ~ GRILL )TH DELRA Y PLACE CONDOS . ~LSON FLORANDA~, C[Nm[ A~' m TRAILER · s~ 12m RO. HARBOUR RM- Id A L L OOMAINE DELRA Y ~ -REZONING- ~^me.c oe,^,T..c,~ FROM: AC (AUTOMOTIVE COMMERCIAL) TO: GC (GENERAL COMMERCIAL) OP~' Ol' (~LRAY (~[ACH. -- ,O/C/.rA~ OA$£ A44,P StS'/Z',lu' -- ~ R~lr: LUt25 TO: DAVID T. HARDEN, CiTY MANAGER THRU: DIANE DOMINGUEZ, NING AND ZONING O A. COSTELLO SUBJECT: MEETING OF JANUARY 7, 1997 - REZONING FROM AC {.AUTOMOTIVE COMMERCIAL) TO GC {.GENERAL COMMERCIAL) FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF S.E. 5TH AVENUE (.SOUTHBOUND FEDERAL HIGHWAY) AND S.E. 'IOTH STREET. The action requested of the City Commission is that of approval on first reading of an ordinance rezoning a 0.60 acre parcel of land from AC (Automotive Commercial) to GC (General Commercial) for Gold Coast Medical Center. The subject property is located at the northwest corner of S.E. 5th Avenue (Southbound Federal Highway) and S.E. 10th Street. The proposal inc. orporates Lots 10-15, Block 8, Rio Del Rey, and contains 0.60 areas. The property contains an existing parking lot with a chain link fence at the perimeter of the property. The rezoning from AC to GC will allow the · development of the property with a medical office building (family practice) with a total square footage between 3,000 and 3,500 sq.ff. The proposal consists of a walk-in medical center comprising of a full scope of family practice services including pediatrics, adult medicine, geriatrics, gynecology, X-Rays, etc. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. City Commission Documentation Meeting of January 7, 1997 Rezoning from AC to GC for Gold Coast Medical Center Page 2 ~ ii!~!!~ ~ii ~!:!!~i~!~i ii ~iiii!!i!iii~ :i:ii i ii:i:.:,:-:.:.:.: :.:.:,;.i.:-;.:.:: :.:.: :.:.M:.::i:i.:-;.:.:.:.:.:i:-:::.:.x:i ::::::::::::::::::::::::::::::: ;i:i:i:.ii:.:,:.:ii i :.:.:.::i::i:.:..::i:.:.:.: :;:i:i:':':':'::: [ i::-:.:,::~::-:.::~ ::::::::::::::::::::::::::::: :i:ix.:i:i:i:i:.:,:,:,:il :i:ii :.: :.:i:i:ii.:.:.:.:,ii i iii !i i!ii ii ~[ii i i!!!i!i!~i iiiii~ At its meeting of December 16, 1996, the Planning and Zoning Board held a public hearing in conjunction with review of the rezoning. There was public testimony in support of the request. After reviewing the staff report, the Board voted 6-0 (Carl)one absent) to recommend that the rezoning request be approved, based upon positive findings with respect to policies of the Comprehensive Plan, and, Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations. By motion, approve on first reading the ordinance for the rezoning from AC (Automotive Commercial) to GC (General Commercial) based upon positive findings with respect to the policies of the Comprehensive Plan, and Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, setting a public hearing date of January 21, 1997. Attachments: P & Z Staff Report and Documentation of December 16, 1996 Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: December 16, 1996 AGENDA ITEM: V.B. ITEM: Rezoning from AC (Automotive_ Commercial) to GC (General Commercial) for a parcel of land located at the northwest comer of S.E. 5th Avenue (Southbound Federal Highway) and S.E. 10th Street. GENERAL DATA: APT Owner .................. ~..~ .............. Bill Wallace Nissan,'lnc. co~os CHURCHILL Applicant ................................. Dr. Munira Kiota & Mr. Ascar co~ Chinikamwala Location .............. ~ ................... Northwest corner of $.E. 5th Avenue (Southbound Federal Highway) and S.E. 10th Street Property Size .......................... 0.60 Acre Land Use Map Designation .... General Commercial Existing Zoning ....................... AC (Automotive Commercial) Proposed Zoning .................... GC (General Commercial) Adjacent Zoning ............ North: GC East: GC South: RT (Resort/Tourism) West: R-1-A (Single Family Residential) -- Existing Land Use .................. Existing parking lot with a chain .-L. link fence around the perimeter of the property. Proposed Land Use ................ Construction of a 3,000 to 3,500 sq. ft. Medical Center/Family Practice building. Water Service ......................... Available via a service lateral connection to an existing 6" '" main along the north side of S.E. -- z_ 10th Street. Sewer Service ......................... Available via a service lateral to an existing 8" main with the north/south alley. DOMAINE DELRA Y HARBOUR$ £OC, E BANYAN TN£E VILLAGE v.a. The item before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from AC (Automotive Commercial) to GC (General Commercial) for Gold Coast Medical Center, pursuant to LDR Section 2.4.5(D). The subject property is located at the northwest comer of S.E. 5th Avenue (Southbound Federal Highway) and S.E. 10th Street. The proposal incorporates Lots 10-15, Block 8, Ri° Del Rey, and contains 0.60 areas. The property contains an existing parking lot with a chain link fence at the perimeter of the property. The site's development history dates back to 1948 at which time a duplex was constructed on Lot 10. Subsequently, a garage was constructed on Lot 10 in 1950 and the balance of the property remained vacant. In 1985, the duplex and garage were demolished, and a parking lot was Constructed which was associated with the Wallace Nissan Dealership, across from the property on the east side of S.E. 5th Avenue (Southbound Federal Highway). The Wallace Nissan dealership vacated the site in November 1988, however, the property has been utilized for vehicle storage associated with the Wallace Dealerships at Germantown Road and Wallace Drive. In November, 1992, a site plan application to establish a vehicle repair facility on the property was rejected as the proposal did not comply with the location restrictions of the AC (Automotive Commercial) zone district, which prohibit vehicle repair facilities within 100 feet of residentially zoned property, and orientation of the overhead doors from facing residential properties and adjacent rights-of-way. The proposal is to change the zoning designation of the property from AC (Automotive Commercial) to GC (General Commercial). The rezoning to GC will allow the development of the property with a medical office building (family practice) with a total square.footage between 3,000 and 3,500 sq.ff. The proposal consists of a walk-in medical center comprising of a full scope of family practice services including pediatrics, adult medicine, geriatrics, gynecology, X- Rays, etc. P & Z Board Staff Report Rezoning from AC to GC for Gold Coast Medical Office Page 2 REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the .body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a General Commercial Future Land Use Map designation and .is currently zoned AC (Automotive Commercial). The proposed GC (General Commercial) zoning is consistent with the General Commercial land use designation. Pursuant to the LDR Section 4.4.9(B)(2), within the GC zone district, the proposed medical office is allowed as a permitted use. Based upon the above, a positive finding can be made with respect to consistency with the land use map designation. CONCURRENCY; Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water & Sewer; r3 Water service is available via a service lateral connection to an existing 6" water main along the north side of S.E. 10th Street. Adequate fire suppression is provided via an existing fire hydrant at the southwest comer of the site. [3 Sewer se.rvice is available via a service lateral connection to an existing 8" main within the north/south alley to the west. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. No upgrades to the adjacent water or sewer mains P & Z Board Staff Report Rezoning from AC to GC for Gold Coast Medical Office Page 3 is required of this development. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: With a rezoning request drainage plans are not required. The site contains an existing parking lot, with minimal pervious area. The rezoning will not negatively impact this existing situation. The proposal involves construction of a new medical office building with associated parking and landscape areas. With a site plan submittal, .drainage plans will be submitted. There are no problems anticipated retaining, drainage on site and obtaining a South Florida Water Management District permit. Traffic: As the intensity of uses within the AC and GC zoning districts are similar, comparable traffic volumes would be generated. With the submittal of a site plan application, a full traffic impact study must be submitted. The traffic study must 'comply with the Palm Beach County Traffic Performance Standards Ordinance. There are no problems anticipated meeting this level of service standard. Parks a.nd Recreation: Park and dedication requirements do not apply to nonresidential uses. Solid Wa,~te: Trash generated each year by the commercial uses under the GC zone district will be similar or greater than that generated by the auto related commercial uses allowed under the AC zone district. The proposed 3,500 sq.ft, medical office building is anticipated to generate 8 tons of trash per year. The development of the property under the GC zone district should not create an adverse impact on this level of service standard. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. P & Z Board Staff Report Rezoning from AC to GC for Gold Coast Medical office PJ~ge 4 COMPREHENSIVE PLAN POLICIES; A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Future Land Use Element Ob_iective A-I - Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical conditions, is complementary to adjacent land uses, and fulfills remaining land use needs. The property has been disturbed and is developed 'as a parking lot with a chain link fence around the perimeter. The existing parking lot will be removed and replaced with a new medical office building. The proposed zoning of General Commercial and its potential uses will be complementary to the surrounding commercial developments and can be developed in a manner that will be compatible with the residences to the west. The proposal complies with Future Land Use Element Goal Area "C' of the City's Comprehensive Plan, which states that blighted areas of the City shall be redeveioped and renewed, and shall be the major contributing areas to the renaissance of Delray Beach. Thus, the proposal fulfills a need to eliminate blighted properties. This policy will be further addressed at the time of site and development plan review. Section 3,3.2 (Standards for Rezoning Actions): Standards A and B are not applicable. The applicable performance standards of Section 3.3.2 are as follows: (C) Additional strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it. Where existing strip commercial areas or zoning exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. While the GC zoning district sometimes results in strip commercial development, it is typical of the zoning along the Federal Highway pairs (NE/SE 5th & 6th Avenues). This particular property is bordered on the west by an alley which separates it from the residential neighborhood to the west, therefore, the property's depth cannot be increased. The property contains less than the 1.5 acres required for vehicle sales, per the AC zone district regulations. The 0.60 acre parcel is of sufficient size and length to support a well-planned development that could support GC type uses. P & Z Board Staff Report Rezoning from AC to GC for Gold Coast Medical Office Page 5 (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjaCent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is bordered by the following: to the north and east, across S.E. 5th Avenue, are zoned GC (General Commercial); to the south, across $.W. 10th Street is zoned RT (Resort/Tourism); and, to the west, across the alley, is zoned R-1-A (Single Family Residential). The · surrounding land uses are as follows: to the north is a commercial structure, .Design-a-Shade mail order business; south is vacant land; to the east is Shell's restaurant; and, to the west, is a single family subdivision (Osceola Park). Compatibility with the adjacent residential properties is not a major concern. There are sufficient regulations i.e. increased building setbacks and buffering, to mitigate any potential adverse impacts of the commercial uses [ref. LDR Sections 4.6.4(A)]. These regulations include trees every 25 feet with a continuous hedge or 6' high masonry wall adjacent to the residences. Compatibility will be further addressed at the time of site and development plan review. Section 2.4.5(D)(5) (ReZonin_o Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the.zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: "Rezoning is requested from AC to GC for the purpose of a wa/k-in medical center comprising of a full scope of family practice services P & Z Board Staff Report Rezoning from AC to GC for Gold Coast Medical Office Page 6 including pediatrics, adult medicine, geriatrics, gynecology, X-Rays, etc. This will benefit the neighborhood communities as it is conveniently located on Federal Highway and offers easy accessibility from 1-95 and A- 1-A via Linton Boulevard. GC zoning would also allow for business and professional uses e.g. medical and dental clinics, professional offices, etc. which are more compatible for benefiting and serving the residential community as compared to AC uses which are restricted only to automotive and related businesses. In'view of the ongoing expansion of the City, GC uses would · enhanCe the growth and development of the community. Further, the Wallace Nissan storage lot comprises of only 0.60 acres which is inadequate size for AC uses as generally required for AC uses is 1 to 1.5 acres.". Comment: The basis for which the mzoning is being sought relates to Item ~c". The proposed zoning is similar in intensity as allowed under the General Commercial Future Land Use Map designation. As the property only contains 0.60 acres, the property does not meet the 1.5 acre minimum lot size requirement of the AC zoning district for the sale, lease or rental of automobiles, trucks, boats and recreation vehicles. Further, the AC zone district prohibits the location of specialty service shops i.e. mufflers, tires, etc., and repair facilities within 100 feet ~3f residentially zoned property, and restricts the orientation of overhead doors towards residentially zoned property and adjacent public rights- of-way. Given the above, it is unlikely that the property can be properly developed under the AC zone district, therefore, the GC zoning district is more appropriate. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development proposal. Any future development will be required to comply with all Land Development Regulations. S_~ecial Landscape Setback Pursuant to LDR Section 4.3.4(H)(6)(b), along Federal Highway, single frontage lots with a depth up to 200', _must provide a 10' landscape setback. As the property is 128.50' feet in depth, any development of the property will require the installation of a 10' landscape setback along S.E. 5th Avenue (Southbound Federal Highway). P & Z Board Staff Report Rezoning from AC to GC for Gold Coast Medical Office Page 7 The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and HPB (Historic Preservation Board). Community_ Redevelopment Agency At its meeting of November 14, 1996, the CRA reviewed and recommended approval of the rezoning request. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: El Delray Property Owners El Silver Terrace El Osceola Park El Harbourside El Delray Harbour Club El PROD (Progressive Residents Of Delray) Public Notice: Formal public notice has been provided to. property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The rezoning from AC (Automotive commercial) to GC (General Commercial) to is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Developm.ent Regulations. The proposed rezoning will enable positive findings to be made with LDR Section 2.4.5(D)(5) (Rezoning Findings), as the GC zoning is more appropriate given the size of the property and its location adjacent to the residential neighborhood to the west. There are no problems anticipated with future development complying with the Land Development Regulations. A. Continue with direction. P & Z Board ,Staff Report Rezoning from AC to GC for Gold CoastMedical Office Page 8 B. Recommend approval of the rezoning request from AC to GC for Gold Coast Medical Center, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5.). C. Recommend denial of the rezoning request from AC to. GC for Gold Coast Medical Center, baSed upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5), that the rezoning does not fulfill one of the reasons for which a rezoning should be sought. Recommend to the City Commission approval of the rezoning from AC to GC for Gold Coast Medical Center, based upon positive findings with respect to ChaPter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachment: Location/Zoning Map Survey This Staff Report.. was prepared by: Jeff Costello. Senior Planner utc MEMORANDUM ~:7:,.' ~;i,'~ ........ TO: David T, Harden, City Manager FROM: ~'Robert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM -.JANUARY 7, 1997 APPROVAL FIRST READING ORDINANCE. NO. ~-97 DATE: December 30, 1996 Action City Commission is requested to approve First Reading Ordinance No. 3-97 an ordinance amending Chapter 71 Parking Regulations Section 71.060 Parking Meter Permits to remove the resident only permit parking restriction on the Ingraham Avenue Parking lot. If approved second reading and public hearing will be held on January 21, 1997. Background The Interlocal Agreement and Land Lease Agreement dated July 25, 1995 between the City and the County for the Sandoway House requires that we open this lot to the general public and make it available for use on the same basis as City residents. The proposed amendment removes the city 'resident permit only" parking restrictions and makes the lot available for all permits except as may be otherwise restricted. In a separate ordinance amendment we are also recommending that parking meters be installed in this lot. Recommendation Recommend approval on First Reading Ordinance No. 3-97. RAB:tas File:u:sweeney/agenda 5' "O Doc:parkmete.doc ~~ ORDINANCE NO. 3- 97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORI DA, AMENDING CHAPTER 71, "PARKING REGULATIONS", SECTION 71.060, "pARKING METER PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY REMOVING THE 'RESIDENTS ONLY PERMIT' PARKING RESTRICTION ON THE INGRAHAM AVENUE PARKING LOT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Interlocal Agreement and Land Lease Agreement dated July 25, 1995, between the City and Palm Beach County for the Sandoway House requires that the Ingraham Avenue parking lot be open to the general public and made available for use on the same basis as City residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section %.. That Title VII, "Traffic Code", Chapter 71, "Parking Regulations", Subheading "Parking Meters", Section 71.060, "Parking Meter Permits", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 71.060 PARKING METERPERMITS. (A) A "parking meter permit" may be purchased from the City by all persons which shall authorize the parking of the vehicle for which the permit was acquired in any parking meter space except those otherwise restricted, located within Anchor Park, Sandoway Parka ~ the Holiday Inn North, and Inqraham Avenue parking lots without requiring the payment of money into the space's parking meter. XZY (B) The cost of a parking permit shall be fifty dollars ($50.00) per year, plus applicable taxes. ~y (C) Each permit shall cover the period from October 1st through September 30th. There shall be no proration of the permit fee. The application procedure and the form of the permit shall be determined by the City administration. It shall be illegal to deface a parking permit or to transfer a parking permit from the vehicle for which it was acquired to any other vehicle. However, if the parking permit sticker and other sufficient proof is submitted to the City, and when approved in advance by the City Manager or his designee, the parking permit sticker may be exchanged for a new sticker and the parking permit transferred to a substitute vehicle acquired' by the permit holder subsequent to the'issuance of the original parking permit. 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 passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1997. MAYOR AT, ST: City Clerk First Reading Second Reading - 2 - Ord. No. 3-97 ~iuua De~lqaaear December 2, 1996 & Operd~Jons Depin~en~ ~2~ ~e~v~e~ ~. ~ng ~ ~im ~ch. ~ ]~406 ~. Brian Schutt, Esq. Assistant City Atto~ey (56~)233-02~ City of Delray Beach F~: Adm. (56~) 23~206 2 00 ~ 1St Street ~.~56u2334~o Delray Beach, FL 33444 Re: Interlocal agreement ~ate4 July (R95-992D) by an~ between Palm Beach County ~4 the City of Delray Beach an4 L~4 Lease ~ .Agre~ent 4ate4 July 25, 1995 (RgS-g93D) between Palm Beach Count~ as Lessor an~ the City of Delray Beach as Lessee. ~lm~chCoun~ Restricte4 parking at Ingrah~ Parking Lot Boa~ of Cou~ Comm~sione~ Dear Mr. Schutt: Ken h ~sten C~i~n On Nove~er 22, 1996 an inspection was made of the Bu~tonson. V{ceCha~man properties which are the s~ject' of the above referenced Interlocal Agreement and ~ase. At that time it was ~re, T. ma~us dete~ined that restricted parking is still being ca~*.a~be~ enforced at the Ingraham Parking Lot on Ingraham Avenue between Gleason Street and Old Ocean Blvd. (State Road ~nH.~eweU A1A). We have attached photographs taken on Nove~er 22, 1996 which document this condition. Ma~ ~aude~rd~ ~rsuant to Agreement ~5, page 1 of the Interlocal Agreement and Article I, Section 1.03 .and Article IV, Section 4.01 of the Land ~ase Agreement, we re,est that coun~iai,~t all restrictive parking signage at the s~ject parking lot be removed at the earliest possible date. We would ~ben~{sman. R~ also appreciate being notified when this action has been completed. If you have any ~estions, please call me at 561-233- 0214. Thank you for your cooperation in this matter. Sincerely, :~. Property Specialist '~. ~ ~rm.~ - '~- ..... - ........ Attachment a~veacr~onamp~' c: Ross C. Her~, O~rector, PREM ................. Lease Lease Mgmt. CORE F~te: 12-&3-~-16-22-02~-0010 PR Project File Schutt. let JUL 2 5 ~ ~R~ &~~ made and entered into ~m o~ ~uly 18, Xg~S, by and be~ween PA~ BEA~ ~UNTY, a po~i~Aca~ s~divAsion o~ '" ~e State of Florida (the "county") and THE CXTY OF DE~Y Florida (~he 'City"). WXTMB f fBTH~ ' .' across r=on A~ n~icipal beach consis~lng of approximately x/2 an acre ~p=oved ~i~ a 3f700 s~8ut [oo~ ~esidential ~S, ~e purpose of said ac~isition As ~o pr~ldo additional beach parking, to e~ance the recreational potential / ~e beach a~ea and ~o provide for po~ential parks and ' related educational oppor~un~ties ~ncluding, w~houC ~e os~lis~ of a ~rine education can~e~ and ~ms, ~e City does no~ have suf~iciun~ ~nds ~o ac~ize maid preparer and .. ~U~, ~e co.tM is walling to assist the cA~M furthering ~he above described purposeu by a~l~ln9 ~aid 'p~ovlded ~e City actively and dtligentl~ seeks gran~ funds ~o rei~urse ~m County for the funds m~ended by the County ac~iri~g said pro~erty and ~e City agrees to provide additional b~ach parking as pa~ of ~e development o~ ~aid property and surrounding land. ~w, ~REFO~, for and in consideration ~f '~e mutual as follows: 1. The fac~ set fo~h above are ~rue and correct. 2. The Coun2~ shall ac~ire the real propert~ legally described in E~ibit "A", %ogmther wi~h all improvements ~ereon, pursuant ~o the Agreement for ~rchase and Sale at=ached hereto ms E~ibit "B". 3. County shall fu~d $600,000 of the purchase price utilizing park ~mpact fe8s. The C~y shall fund ~11 costs ' with the acquisi~lon of this property pursuant to ~he mt~achmd ~rchase and Sale Agreement in excess o~ ~he SS00,000 to fun~e~ ~2 ~oun~2, ~r~vide~ however, ~a~ City's obligation puFsuant to his Section 3 shall no~ excee~ Ci~2 agFees to pa2 sai~ cus~ ~o County nu~ less ~han ~ive days prior to the scheduled closing date. 4. Upon ac~i8Ation o~ title ~o the proper~y by County, County shall lease the ma~e to Ci~y for m period o~ ~we~-~lve (25) years upon ~he ~e~, covenants and condi~ions met fo~h ~m ~mse Agre~tnt at~ached hereto mm Exhibit "Ce'. 5. City agrees ~ha~ as an inducement ~o Co~y ~o ac~ire the propert~ on b~alf of ~he City, City shall develop property a~d Ci%y's adjacent parking lot on the south sade ~e prope~y to.provide as many new parking spaces as reasonably practical, bu~ In no event less than ~i~y (30) ~w spaces. City ack,ledges tha~ ~his ~ay r~ire ~A~lcation of l~s existing parking lo~ and ~e Anco~oration of one lane of Ingrah~ Avenue in=o A~s parking lot. city agrees to p~rfo~ any and all modifications and improvements 1 t to ~he property, ~he City's extJting parking lot and Avenue which are neoessaz~/to provide said additional parking [ apaces, all at City's sole cost and expense. , C~ty further L:.. agrees~hat Las existing parking lot end all additional open to~e general public and shall be available for 6. C~y shall acttvel~ and d~llgen~ly p~uo gran~ f~d~ng. Florida Co,unities T~st ~or gren~ ~dlng for ~s project ~ant r~d~ng. ~. proceeds of anZ su~ g~ts shall be pa~d to Count~ to pa~lally reCOurse County.s Includes ~t ac~s~on or additional land end cons~ct~on of Improvements to provide.additional bas. parking. ~e C~ty additional parking spaces against the 'funds due Count~ hereunder. In ~e event City Is unsuccessful ~n obtain~nV at least ~300,000 ~n grant funds within three (3) date o~ this Agreement, County shall have ~e right, ut its -. option, to resinate this Xnterlocal Agreement and ~e ~ase Agreement. In the event of such estimation, CountM refund to C~ty City's contribution to~e ac~/s~t~on cost~ o~ e~en~ required pursuant to applicable gran~ ~nding relieved of all rur~tr obligation hereunder and under ~ase Agreement. 7. ~rsuant tO Section 163.01(11), ~hiG Interlace1 shall be riled vL~ the Clerk of ~l C~r~ ~ou~ o~ Pain ~ach County, Florida. (ZNTENTZONALLY LEFT BLANK) ThJ. e lnterlocel Agreement &nd %he Lease agreement constitute · he entire ~derstanding and agre~ent or ~e Pa~ies hereto vi~ respeo~ to ~e s~Ject Batter hereof. This Xnterlocal agre~ent ~ecuted bF bo2h para,es v~ ~e sane fo~ul~tF as the ~ecu~on of ~is lnterl~al Agre~ent. ~ WXTHBIB ~OF, ~e par~Aes have caused ~Xs Xn~erlocal ~~t to be exerted as of ~e day and year ~rst ~ H. WX~N,~ PA~ B~ ~Y, & political g~d~v~n o~ ~e State asst. Co~to~ne~ .' .." ;~ ~/~ ... ..~:" ,~,..-". r,~ "~.,' ?'-. :",~: · . ,.~ '. ~ ,: ~-~ / ~ , :." '.. . ,-~ j% .. ~,', . . . /,:- .... .~:':'~';~ k~... [.'.,....,..... : 3 MEMORANDUM TO: David T. Harden, City Manager FROM: ~J~obert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM - JANUARY 7, 1997 APPROVAL FIRST READING DATE: December 30, 1996 Action City Commission is requested to approve on First Reading Ordinance No. 4-97 amending City Code Chapter 73 "Parking Schedules" Section I A(2) B, and D to change parking hours for certain lots in the downtown area from 4 hour limits to 2 hour and 8 hour limits and to enforce restrictions year round, and Section II 'Parking Meter Zones" to add the Ingraham Avenue Parking Lot. If approved on First Reading, second reading and public hearing will be held on January 21, 1997. Background The Parking Management Team along with the Joint Venture are requesting changes to the four hour parking restrictions in the downtown area. A summary of the changes is as follows: 1. Lots 8, 24, and 25 block 92 directly behind Hands and Elwoods to 2 hour vs. 4 hour 2. Lots 10-16 and lot 19 - Rear area Hands to 8 hour vs. 4 hour 3. Lots 14-16 block 101 - Chamber of Commerce lot to 2 hour vs. 4 hour 4. Lots 8, 16 block 109 by Ace Hardware to 2 hour vs. 4 hour 5. Lots 6-11, near Vittorio's to 8 hour vs. 4 hour They are also requesting that the parking restrictions apply year round. As the code is now written these restrictions do not apply from June 1st through September 30 of each year. Staff is also recommending for consideration that lots 7 and 13, block 77 behind Worthing Park also be changed to 2 hour limits versus 4 hour. The reason for the change to 2 hour limits is to make these lots more accessible to shoppers. This change would thus encourage employees of the downtown businesses to park in the 8 hour lots which are further away from their business area. In addition to the above changes staff is recommending a change to Section II to allow metered parking in the Ingraham Avenue Parking Lot. Subject:Agenda Item City Commission Meeting Januaru 1. 1997 Ac)~)roval First Reagiing Ordinance No. 4-97 Page: Two (2) Date: December 30, 1996 Recommendation Staff recommends approval of Ordinance No. 4-97 on First Reading. RAB:tas File:;u :sweeney/agenda Doc:lstread.doc ORDINANCE NO. 4-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMEND ING CHAPTER 73, "PARKING SCHEDULES", OF THE CODE OF ORDINANcEs OF THE CITY OF DELRAY BEACH, BY AMENDING SCHEDULE I. TO REVISE PARKING HOURS FOR CERTAIN LOTS IN THE DOWNTOWN AREA, AND AMENDING SCHEDULE II., "PARKING METER ZONES", BY ADDING THE INGRAHAMAVENUE PARKING LOT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Parking Management Team and the Joint Venture have requested changes to the parking restrictions in the downtown area; and WHEREAS, the City Commission finds these changes to be in the best interests of the citizens of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title VII, "Traffic Code", Chapter 73, "Parking Schedules", Schedule I., Subsections (A) (2), (B), (C) and (D) of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same are hereby repealed in their entirety and new Subsections (A) (2), (B) and (C) are hereby enacted to read as follows: (2) The two-hour parkinq restriction shall aDply in the followinq described City-owned parkinq lots: Lot 8 and the south six (6). inches of Lot 9, and Lots 24 and 25, Block 92, Plat of the Town of Delray, Plat Book 1, Paqe 3, accordinq to the Public Records of Palm Beach County, Florida. Lots 14, 15 and 16, Block 101, Plat of the Town of Delray, Plat Book 1, Paqe 3, accordinq to the Public Records of Palm Beach County, Florida. Lot 16 and the north 26.33 feet of Lot.. 17, and Lots 8 and 9 (less the south 42.5 feet), Block 109, Plat of the Town of Delray, Plat Book. l, Paqe 3, accordinq to the Public Records of Palm Beach County, Florida. Lots 7 and 13, Block 77, Plat of the Town of Delray, Plat Book. l, Paqe.3, accordinq to the Public Records of Palm Beach County, Florida. .(3) The eight-hour parking restriction shall apply in the following described City-owned parking lots: Lots 10-16, inclusive, and Lot 19, Block 92, Plat of the Town of Delray, Plat Book 1, Page 3, according to the Public Records of Palm Beach County, Florida. Lots 7-11, inclusive, Block 117, Plat of the Town of Delray, Plat Book 1, Page 3, according to the Public Records of Palm Beach County, Florida,.. (B) Time limit. Parking or standing a vehicle in a designated space in the parking areas or zones described in subsections (A) (1) and (2) of this schedule shall be lawful for two hours. Parking or ~tanding a vehicle in designated parking areas or zones described in subsection (A) (3) of this schedule shall be lawful for eight hours. The two-hour or eight-hour parking, whichever is appl.icable, shall be in effect every day between the hours of 8:00 a.m. and 6:00 except Sundays and holidays; provided, that within the meaning of this section, the term holiday shall include New Year's Day, Easter, Memorial Day, Fourth of July, Labor Day, Thanksqiv.inq Day, Christmas ~ay, and the days upon which the Delray Affair is held. ~C) yiolations. It shall be unlawful and a violation of the provisions of this schedule for any person: (1) When signs are erected giving notice thereof, to stop, park or stand a vehicle for longer than the time designated by the signs at any time between those hours so stated by the signs on any day, except Sundays and public holidays, within the City. (2) To cause,, allow, .permit, or suffer any vehicle registered in the name of that person to be parked across any line or marking of a parking space or in a position that the vehicle shall not be .entirely within the space designated by such lines or markings. Section 2. That Title VII, "Traffic Code", Chapter 73, "Parking Schedules", Schedule II, "Parking Meter Zones", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: - 2 - Ord. No. 4-97 SCF~DULEII. PARKING METERZONES. The following named and described areas, streets, or portions of streets and any other areas, streets, or portions of streets as may hereafter be included in this section by amendment hereto, lying within the corporate limits of the City, shall constitute a parking meter zone: Description Ord.~ Date State Road A-1-A from Casuarina Road to Beach Drive 21-81 4/21/81 The Atlantic Dunes Park parking lot 21-81 4/21/81 The Anchor Park parking lot 21-81 4/21/81 The Sandoway Park parking lot 21-81 4/21/81 The parking lot located between the Andrews Avenue fire station and State Road A-1-A 21-81 4/21/81 Inqraham Avenue parkinq lot 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 passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1997. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 4-97 II N.E. 1ST ST. ~ I~ _~1" i I Ii /~ ' ATLANTIC AVENUE u m ~ ACE S.E. IST ST. LEGEND: N ~ CITY OWNED PARKING LOTS PLANNING DEPARTMENT ~..~..'+"~ - R HOUR PARKING OTY OF DEI.RAY BEACH, FL --- DIGI~'AZ. J~,45£ MAP SYST£M -- MAP RE¢: L~IA2? Delmy Beach PoiSe Departnmm 300 We~ ~ Avenue RE: ~ ~ I1~ ~r ~1 P~ng Lo~ ~r ~ M~: On May 23, 1~, ~ P~ ~n~e~ T~m, a ~ ~~ ~ ~e C~ ~~ ~ ~ke ~~ ~ ~ ~m in ~ d~n~, ~~ ~ lim~ ~ mun~l ~g ~. ~ d~~ mn~ on ~ m~l ~1~ ~ ~ Hu~r ~gs, H~d's, end ~em. T~ ~blem ~jmng 18 ~ busings ~ and ~lr em~ ~ ~ all day in ~e ~lst ~n~n~nt a~, I~ving ~r ~~ in ~ vi~i~. We, ~em~e, aug~ ~ 1. ~a~e ~ ~ liml~ on all ~e s~ ~n Ha~'s, Hu~s, et ~ a~ ~e H~nd's ~mhou~ ~ a ~our lim[ T~ ~ are ~e flint doub~ Io~ ~ of ~ing ~hi~ Hand's ~ o~em. 2. ~a~ ~ m~g sp~ ~ e~ht~our ~. 3. ~ all y~ ~ ~-hour ~. ~ ~d~n, ~ ~~nd ~ ~ muni~l ~t by ~e ~Q ~ enfo~ all year ~r ~h~r Iim~ and ~at the mun~l ~ ~ ~'s m~mnt ~ve no fi~ ~mib ~ an ~ght~ur limit. Our ~~n ~r the ~r ~ I~ ~ ~ ~mge emus ~d busings ~m ~ ~l~e Iong-te~ ~ing, I~ ~ ~m d~imble ~i~ ~r ~ ~ ~ ~e muni~l ~ ~ja~nt to 110 East A~fiC. ~ ~mmend ~ no a~bn ~ ~ken. it cunentiy ~ a ~ur~ II~t. Th~ bi~ ~ ~i~ d~e~ ~ ~ C~ a~ ~ City. P~ ~1 ~ ~ ~11 Chris ~n at ~e CRA, 276~, or ~, 278~2, to divas ~ ~r. If you feel a ~ Is m ~r, ~en I ~at we ~t wiffi ~r ~n and Chris Brown. ~n~re~, ~net ~nen C~i~n, ~ JIOIdp Enclosure minutes of May 23, 1996 PMT meeting cc: Davi<l Harden, City Manager Chris Brown, Executive Director, CRA oniGer Sherry ~ettelen D~LRAY IIEACH Delray Beach Police Department 300 Wast Atlantic(407) 243-7888AVenue · DelraYFaxBeaCh,(407) 243-7816Florlda 33444.?,695 I ~jee~ C~ Janet Onnen Parking lVlnn~ctncn! Tc~n 207 East Atlantic Avenue Dclray Bench, FL 33444 Dear Ms. Onnen: The Police Department has considered the reques~ fo~,varded by the Parking Management Team rc?rding lime l)adong in our downtown parking areas, and wc certainly support thc recommendations made by the Parking Management Team. I would point out that thc "down side' to thc 'reconunendations is that r~thcr than standardizing parkin~ limits for thc benefit of public awarm¢~ it would seem that we a~e in fact, by virtue of thc vliriou5 ~mc limits imposed, potentially creating a situation that will be confusi~ to thos~ parking in our downtown areas. I nm sm'e that the Parkin~ M~_n?mcnt Team has given considrration to this issue prior to maldn$ thc rccommendation~ included in your Icner. We do nonetheless support the recommendation of thc Parkin8 Management Team and apprcciatc thc fimc and effort that Team Member5 spend on considcrin8 these issues in thc interest of all of our ~il~'ns. Sincerely, RICHARD M. LINCOLN, MAJOR Field Operations Bureau cc: City Manager David Hnrden Chief Richard Ovctinan Officer Shcrry Scttclcn